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Agenda item

Members of the Scrutiny Committee are requested to consider approving byelaws for adoption by the Full Council.

Minutes:

Submitted - the report of the Principal Engineer of Gwynedd Consultancy detailing the background and the purpose of creating a new series of bye-laws to assist the Local Authority with flood prevention and managing activities along ordinary watercourses more effectively and more consistently. It was explained that this was in response to Councils in Wales receiving additional powers and responsibilities to manage flooding and surface water under the Flood and Water Management Act 2010. Reference was made to the new bye-laws attached to the report and it was reiterated that they had been planned to work alongside the current regulation framework provided under the Land Drainage Act 1991 and the Flood and Water Management Act 2010. It was noted that adopting the bye-laws would not have an impact on the Unit's current staffing level.

 

It was highlighted that a public consultation had been held between 15 November and 13 December 2018, and that no observations had been received from the public.

 

Along with assisting the Local Authorities to prevent flooding and to address the most serious risks, it was highlighted that the bye-laws, by amending the wording and outlining the type of activities in question, were overall, beneficial to the environment. In doing so, the bye-laws would benefit other work areas in the world of local government and would assist to realise the objectives of other acts including the Water Framework Directive and the Habitats Directive.

 

It was noted that the aim of the report was for Scrutiny Committee members to assess the new bye-laws and to recommend them to the Full Council for formal adoption. Following the Council's decision on 7 March, 2019, a policy statement would be drawn up to highlight how the bye-laws would be implemented and the changes involved.

 

The members expressed their thanks for the report.

 

In response to an observation regarding material being carried down river, it was highlighted that consideration would be given to observations relating to flood risk.

 

In response to a question regarding the protection of field animals, it was highlighted that the maintenance work was the responsibility of Natural Resources Wales.

 

In response to an observation regarding the consultation process, it was noted that Gwynedd Consultancy had followed Welsh Government's guidance on the consultation and had therefore not contacted developers directly as they accepted that Welsh Government had considered this.  It was reiterated that consultation with the developer would be considered during the planning procedure where officers from the Water and Environment Unit would offer their observations on applications. In a further observation regarding consulting with Farmers' Unions, it was noted again that Gwynedd Consultancy assumed that Welsh Government had done this.

 

In response to an observation regarding the effect of additional responsibilities on the Water and Environment Unit's work load and staffing levels, it was noted, by working logically and sensibly, it was not considered that any additional resource would be required.

 

During the ensuing discussion, the following points were highlighted by individual Members:

·         There was a need to notify people of the changes and outline when the bye-laws would come into force.

·         Requiring permission to plant trees was a step too far (Chapter 3 (9)

·         There was a need to ask Welsh Government whom they had consulted with and to include this information in the final report to the Full Council.

·         Accepted that Gwynedd had received an 'order' to act from the Welsh Government, but needed to ensure a fair consultation.

 

            RESOLVED

·         to accept the report subject to including information about the details of the Welsh Government's consultation on the bye-laws in the report that will be submitted to the Full Council on 7 March, 2019.

·         to recommend that the full Council formally adopts the bye-laws.

 

Supporting documents: