COFNOD O
BENDERFYNIAD
GWEITHREDOL A
WNAED GAN Y DEILYDD
PORTFFOLIO AR GYFER
PRIFFYRDD, EIDDO A
RHEOLI GWASTRAFF
RECORD OF AN EXECUTIVE
DECISION TAKEN BY THE
PORTFOLIO HOLDER FOR
HIGHWAYS, PROPERTY AND
WASTE MANAGEMENT
Dyddiad Cyhoeddi/Publication Date - Dydd Iau/Thursday, 21 Mai/May, 2015
Dyddiad Cau ar gyfer Galw i Mewn/Call-in Cut Off Date - Dydd Gwener/Friday,
29 Mai/May, 2015 (5:00 pm)
PRIF WEITHREDWR/CHIEF EXECUTIVE
ISLE OF ANGLESEY COUNTY COUNCIL
Record of an Executive Decision taken by the Portfolio Holder for
Highways, Property and Waste Management
1. MADE BY
2. THE DECISION
The Portfolio Holder for Highways,
Property and Waste Management.
That the West of Wales Shoreline
Management Plan II be adopted as the
strategic policy for the coastline of
Anglesey.
3. MADE ON
13 April 2015
4. REASONS FOR THE DECISION
For information that the Welsh
Government have now also officially
adopted the plan.
The authority to take the decision is
delegated to the relevant Portfolio
holder (Executive decision 30/11/2010 –
see attached).
5. DECLARATION OF INTEREST
None
6. DISPENSATION GRANTED?
None
7. CONSULTATION, IF ANY
Chief Executive / Strategic Leadership
Team (SLT);
Interim Head of Function (Resources)/
Section 151 Officer;
Head of Function (Council Business)/
Monitoring Officer.
8. SUBJECT TO CALL IN?
Yes
DATE OF PUBLICATION:
21 May 2015
DATE OF IMPLEMENTATION:
1 June 2015
ISLE OF ANGLESEY COUNTY COUNCIL
Report to:
Portfolio Member for Highways, Waste and Property
Date:
April 2015
Subject:
Portfolio Holder(s):
Approval of Shoreline Management Plans by Welsh
Government
Councillor Richard Dew
Head of Service:
Dewi R Williams
Report Author:
Tel: 2312
E-mail: ertht
Local Members:
Emlyn Rowland Thomas
01248 752312
[email protected]
All (with coastal boundary)
A –Recommendation/s and reason/s
Following ministerial approval of the Shoreline Management plans for Wales, that the West
of Wales Shoreline Management Plan II be adopted as the strategic policy for the coastline
of Anglesey
B – What other options did you consider and why did you reject them and/or opt for
this option?
n/a
C – Why is this a decision for the Portfolio Holder?
Ratification of previous Executive decision made by Alex Aldridge 13th June 2011 to adopt
the Shoreline Management Plan, now in the light of Ministerial approval.
The Leader has delegated the right to update and amend all Policies within the service to the
Portfolio Holder for Highways, Waste and Property.
CH – Is this decision consistent with policy approved by the full Council?
Yes
CC-14562-LB/186954
Page 1 of 2
D – Is this decision within the budget approved by the Council?
n/a
DD – Who did you consult?
1 Chief Executive / Strategic
Leadership Team (SLT)
(mandatory)
2 Finance / Section 151
(mandatory)
3
Legal / Monitoring Officer
(mandatory)
4
5
6
Human Resources (HR)
Property
Information Communication
Technology (ICT)
Scrutiny
Local Members
Planning
Any external bodies / other/s
7
8
9
10
What did they say?
No comment.
No comment.
No comment
E – Risks and any mitigation (if relevant)
1
Economic
2
Anti-poverty
3
Crime and Disorder
4
Environmental
5
Equalities
6
Outcome Agreements
7
Other
F - Appendices:
Report on approval of Shoreline Management Plans
FF - Background papers (please contact the author of the Report for any further
information):
Record of Executive Decision made on 13th June 2011.
Welsh Government Letter re IROPI 28th October 2014
Welsh Government Letter to Planning Officers 19th January 2015.
CC-14562-LB/186954
Page 2 of 2
‘What is a Shoreline Management Plan?’ Narrative.
Council Financial Procedural Rules
Minutes of the Executive 30th November 2010
Report of the Monitoring Officer to the Executive on 30th November 2010 “Delegation of
Executive Decisions”.
Internal Memorandum from Legal Section 30th October 2008 – “Re: Delegated decisions
taken by individual members of the Executive” Ref: C-12520-LB/so
CC-14562-LB/186954
Page 3 of 2
Appendix A
Report on Approval of Shoreline Management Plans
The West of Wales Shoreline Management Plan has been prepared for the Welsh coastline from St
Anne’s Head in Pembrokeshire to The Great Orme in Conwy. This plan includes the entire coastline
of Anglesey. (Two other plans cover the remaining lengths of Welsh coastline)
The plan provides high level policies for the coastline, considering the short, (0-12year), medium (2050year) and long (50-100year) term. They identify one of four policy options – “Do Nothing”, “Hold
the Line”, “Advance the Line” and “Managed Realignment” with these possibly changing over time
as, for example, rising sea levels may make a “hold the line” policy unsustainable.
Shoreline Management Plans are covered by the Habitat Regulations and need Strategic
Environment Appraisal and it is not permitted to adopt such Plans if there is any adverse impact on
designated Natura 2000 sites. In both cases there are such impacts identified at various locations
due to the effects of, for example, rising sea levels reducing the area of salt marsh in front of
defences. Under these circumstances, it is necessary to identify “compensatory habitats” of equal
area to those lost. However, this is not always possible and so the plans need to identify “Imperative
Reasons of Overriding Public Interest” (IROPI) which are agreed by the Welsh Minister before they
can be adopted as policy by public bodies such as Natural Resources Wales and Welsh Government.
The Minister cannot consider such submissions until the Plans have been “agreed” by all the relevant
authorities so that there is certainty that there will be no changes in their contents after “IROPI”
approval is obtained.
Agreement to the content of Shoreline Management Plans was therefore required to allow a
submission to be made to the Minister for approval of the IROPI case which would then permit the
Plan to be adopted by Anglesey County Council as policy. The Plan was approved for Anglesey by the
then Portfolio Holder for Highways and Waste Management, Alex Aldridge on the 13th June 2011
All plans covering Wales were then submitted to the Minister for Natural Resources for
consideration of the IROPI case and consequent approval.
This final approval has only recently been confirmed in Welsh Government’s letter of the 19th
January 2015.
Welsh Government is now stating the following:
Planning decisions along the coast and Local Development Plans should have regard to
the SMPs as set out in Appendix 5 of TAN 15 to align long-term management policies
and help avoid inappropriate development.
(extract from WG letter to Chief Planning Officers. As supplied in Appendix FF)
E R Thomas, Senior Engineer Structures – March 2015.
Carl Sargeant AC I AM
Y Gweinidog Cyfoeth Naturiol
Minister for Natural Resources
Llywodraeth Cymru
Welsh Government
Eich cyf/Your ref
Ein cyf/Our ref SF/CS/3231/14
20
Emyr Roberts
Natural Resources Wales
Ty Cambria
Newport Road
Cardiff
CF24 OTP
th
October 2014
Dear Mr Roberts
Thank you for Natural Resources Wales' input into the work on the West of Wales Shoreline
Management Plan. I can confirm that I am satisfied that this Plan meets the requirements of
the Habitats Regulations Assessment on the grounds of imperative reasons of overriding
public interest.
These high level Plans form the basis for future coastal risk management interventions over
the next 100 years, and I am content with the Information it provides.
I am also copying in Emyr Williams to thank the Cardigan Bay and Ynys Enlli to the Great
Orme Coastal Group for the hard work that the team has put into compiling the very detailed
South Wales Shoreline Management Plan.
Yours sincerely
(Signed by Carl Sargeant)
Carl Sargeant AC I AM
Y Gweinidog Cyfoeth Naturiol
Minister for Natural Resources
Cc Cardigan Bay and Ynys Enlli to the Great Orme Coastal Group
Bae Caerdydd • Cardiff Bay
Caerdydd • Cardiff
CF99 1NA
Wedi'i argraffu ar bapur wedi'i ailgylchu (100%)
..
English Enquiry Lfne 0845 010 3300
Lllnell Ymholfadau Cymraeg 0845 010 4400
Correspondence .Carl.Sargeant®wales. gst.gov.uk
Printed on 100% recycled paper
Adran Cyfoeth Naturiol
Department for Natural Resources
To: Chief Planning Officers
Llywodraeth Cymru
Welsh Government
Cc: Local Authority Lead Flood Officers
Natural Resources Wales
19 January 2015
Dear Colleague,
Update of TAN 15 Development Advice Maps and approval of Shoreline
Management Plans, January 2015
Iam writing to inform you that updated Development Advice Maps to be used
alongside Planning Policy Wales and Technical Advice Note 15: Development and
Flood Risk are published today. The 2015 Development Advice Maps {DAMs)
replace the 2013 version, which are now cancelled.
The DAMs have been updated to ensure that the most accurate and up to date
information on flood risk in Wales is available to Local Planning Authorities to inform
their Local Development Plan site selection process and to all parties involved in
preparing and determining planning applications. The updated DAMs contain a
number of changes the C2 zone, including areas where designations have been
extended and others where they have contracted. These changes reflect recent
amendments made to the Flood Map by Natural Resources Wales.
The DAMs are available on the Welsh Govemmenfs planning website, alongside
TAN 15-see htto://wales.gov.uk/topics/planning/policy/tans/tan15/?lang=en
Local Planning Authorities and practitioners may download the data to use in their
own Geographic Information Systems {GIS) using the following link:
http://data.wales.gov. uk/tan15/TAN15 201412.zip
The second generation of Shoreline Management Plans {SMPs) have recently been
approved by the Minister for Natural Resources. These plans form an important part
of the Welsh Govemmenfs strategy for managing flood and erosion risk around the
Welsh coast in the short {0-20 years}, medium {20-50 years) and long term {50-100
years).
The SMPs are non-statutory documents but represent the preferred approach to
managing coastal risk and have been agreed by local authorities and Natural
Resources Wales.
Planning decisions along the coast and Local Development Plans should have
regard to the SMPs as set out in Appendix 5 ofTAN 15 to align long-term
management policies and help avoid inappropriate development.
Llywodraeth Cymru • Welsh Government
Pare Cathays • cathays Park
caerdydd • cardiff
CF10 3NQ
English Enquiry Line: 0845 010 3300
Lllnell Ymholladau Cymraeg: 0845 010 4400
plannlng.divislon®wales.gsl.gov. uk
Gwefan • website: www.wales.gov.uk
Should you have any queries regarding the updated DAMs and their operation
contact Jonni Tomas in the Planning Policy Branch at [email protected]
The Shoreline Management Plans can be accessed at www.wales.gov.uk/flooding
Queries should be addressed to James Morris, Head of Flood and Coastal Erosion
Risk Management via [email protected]. uk
Yours sincerely,
(Signed by Neil Hemington)
Neil Hemington
Chief Planner I Deputy Director
Planning Directorate
APPENDIX E
What is a Shoreline Management Plan?
A Shoreline Management Plan (SMP) provides a large-scale assessment of the risks
associated with coastal evolution and presents a policy framework to address these risks to
people and the developed, historic and natural environment in a sustainable manner. In doing
so, an SMP is a high-level document that forms an important part of the Department for
Environment, Food and Rural Affairs (Defra) strategy for flood and coastal defence (Defra,
2001). The plan provides broad scale assessment of these risks, as well as quite specific
advice to operating authorities in their management of defences. Through this, and through
the identification of issues covering a wide spectrum of coastal interests, the SMP supports
the Government's aims, as set out in Defra's strategy "Making Space for Water" (Defra,
2005):


To reduce the threat to people and their property; and
To deliver the greatest environmental, social and economic benefit, consistent with
the Government's sustainable development principles.
The SMP is a non-statutory policy document for coastal defence management planning. It
takes account of other existing planning initiatives and legislative requirements, and is
intended to inform wider strategic planning. It does not set policy for anything other than
coastal defence management. However, from this perspective, it aims to provide the context
to, and the consequences of, management decisions made in other sectors of coastal
management.
The SMP2 promotes management policies for a coastline into the 22nd Century that achieve
long-term objectives without committing to unsustainable defence. It is, however, recognised
that due to present day objectives and acceptance, wholesale changes to existing management
practices may not be appropriate in the very short term. Consequently, the SMP2 provides a
timeline for objectives, policy and management changes; i.e. a ‘route map' for decision
makers to move from the present situation towards the future.
The original SMPs for this area (known as SMP1) were completed in the early 2000's. Since
that time, over some sections of the coastline, more detailed strategy studies have been
undertaken and these, together with monitoring of the whole frontage by the coastal Local
Authorities, have improved our understanding of how the coast behaves. In addition, many
lessons have been learnt with respect to how the SMP process should be conducted, and
indeed how we should be viewing the management of the shoreline. Defra (2001, 2003)
undertook a review of the results from SMP1 documents around England and Wales,
considering their strengths and weaknesses, and leading to revised SMP guidance. Some of
this guidance is targeted at achieving greater consistency in the assessments and improved
presentation of the information in the plans, but there are also more fundamental issues that
have been identified, which this and other SMP2s must address
One significant issue is the inappropriateness of certain policies which, when tested in more
detail with a view to being implemented, may be found to be unacceptable or impossible to
justify; either in terms of economics, the environment, or from a perspective of what
communities need from the coast. It is, therefore, important that the SMP2 must be realistic
given known legislation and constraints; neither promising what cannot be delivered nor
APPENDIX E
delivering in the broader perspective that which fails against the values of the coastal zone.
There will be no value in a long-term plan which has policies that are driven by short-term
politics or works which prove to be to the detriment of the area when considered several
years in the future.
Equally, the plan must also remain flexible enough to adapt to changes in legislation, politics
and social attitudes. The plan, therefore, considers objectives, policy setting and management
requirements for three main epochs; from the present day, looking ahead to the medium-term,
and looking ahead to the long-term, corresponding broadly to time periods of 0 to 20 years,
20 to 50 years and 50 to 100 years respectively. There is a need to have a long-term
sustainable vision, which may change with time, but should be used to demonstrate that
defence decisions made today are not detrimental to achievement of that vision.
The plan covers an area both of significant environmental value, but also having a strong
history of human settlement and present use. These uses and interests are not inherently
opposed. In reality it is the natural attraction combined with the historical coastal use which
gives this area of the coast its distinct character and considerable value to man in the present
day. While individual core objectives or aims may therefore be set, and indeed are set, with
respect to each specific aspect of the area, the aim of the SMP2 must be to develop policy
where, as far as possible, these specific objectives are not set in conflict. The underlying
principle for the development of the SMP2 has been to consider the specific circumstance of
the differing sections of the coast and through this understanding, attempt to deliver greatest
benefit to the totality of coastal communities in an area.
The objectives of the SMP2 process (as distinct from the objectives for management of the
coast) are as follows:







To provide an understanding of the coast, its behaviour and its values.
To define, in general terms, the risks to people and the developed, natural and historic
environment within the SMP2 area over the next century.
To appraise different policy approaches and identify the preferred policies for
managing those risks or creating opportunity for sustainable management.
To examine the consequences of implementing the preferred policies in terms of the
objectives for management.
To set out procedures for monitoring the effectiveness of the SMP policies.
To inform others so that future land use and development of the shoreline can take
due account of the risks and preferred SMP2 policies.
To comply with international and national nature conservation legislation and
biodiversity obligations.
The main activities in producing the SMP will be:




Development and analysis of issues and objectives for various locations, assets and
themes.
Thematic reviews, reporting upon human, historic and natural environmental features
and issues, evaluating these to determine relative values of the coast.
Analysis of coastal processes and coastal evolution for baseline cases of not defending
and continuing to defend as at present.
Agreement of objectives with the Coastal Authorities Group and through public
consultation, and from this determining the possible policy scenarios.
APPENDIX E




Development of policy scenarios which consider different approaches to future
shoreline management.
Examination of the coastal evolution in response to these scenarios and assessment of
the implications for the human, historic and natural environment.
Determination of the preferred plan and policies through review with the Coastal
Authorities Group and through public consultation, prior to compiling the draft SMP2
document.
Consultation on the proposed plan and policies.
The final stage of development involves consideration of the various responses obtained from
the consultation on the preferred plan and revision, where appropriate, of the document
before its finalisation and formal acceptance.
Taken from the West of Wales SMP web site.
http://www.westofwalessmp.org/content.asp?nav=14&parent_directory_id=10
Appendix F: Report on Approval of Shoreline Management Plans
The West of Wales Shoreline Management Plan has been prepared for the Welsh coastline from St
Anne’s Head in Pembrokeshire to The Great Orme in Conwy. This plan includes the entire coastline
of Anglesey. (Two other plans cover the remaining lengths of Welsh coastline)
The plan provides high level policies for the coastline, considering the short, (0-12year), medium (2050year) and long (50-100year) term. They identify one of four policy options – “Do Nothing”, “Hold
the Line”, “Advance the Line” and “Managed Realignment” with these possibly changing over time
as, for example, rising sea levels may make a “hold the line” policy unsustainable.
Shoreline Management Plans are covered by the Habitat Regulations and need Strategic
Environment Appraisal and it is not permitted to adopt such Plans if there is any adverse impact on
designated Natura 2000 sites. In both cases there are such impacts identified at various locations
due to the effects of, for example, rising sea levels reducing the area of salt marsh in front of
defences. Under these circumstances, it is necessary to identify “compensatory habitats” of equal
area to those lost. However, this is not always possible and so the plans need to identify “Imperative
Reasons of Overriding Public Interest” (IROPI) which are agreed by the Welsh Minister before they
can be adopted as policy by public bodies such as Natural Resources Wales and Welsh Government.
The Minister cannot consider such submissions until the Plans have been “agreed” by all the relevant
authorities so that there is certainty that there will be no changes in their contents after “IROPI”
approval is obtained.
Agreement to the content of Shoreline Management Plans was therefore required to allow a
submission to be made to the Minister for approval of the IROPI case which would then permit the
Plan to be adopted by Anglesey County Council as policy. The Plan was approved for Anglesey by the
then Portfolio Holder for Highways and Waste Management, Alex Aldridge on the 13th June 2011
All plans covering Wales were then submitted to the Minister for Natural Resources for
consideration of the IROPI case and consequent approval.
This final approval has only recently been confirmed in Welsh Government’s letter of the 19th
January 2015.
Welsh Government is now stating the following:
Planning decisions along the coast and Local Development Plans should have regard to
the SMPs as set out in Appendix 5 of TAN 15 to align long-term management policies
and help avoid inappropriate development.
(extract from WG letter to Chief Planning Officers. As supplied in Appendix FF)
E R Thomas, Senior Engineer Structures – March 2015.
THE FUTURE OF EXECUTIVE DECISION MAKING
Destination
1
Financial
1.1 Budget Monitoring
Executive
1.2 Treasury Management Monitoring
Executive
1.3 Write offs
(1) up to £5k * –
Corporate Director
Finance
(2) £5k+ Corporate
Director Finance
and Portfolio Holder
Finance
1.4 Virement
(1) up to £10k –
Head of Service
(2) £10k – 50k
Head of Service in
consultation with
Portfolio Holder
(3) Over £50k
(including reserves)
– Executive
1.5 Payment of discretionary grants
Service Portfolio
Holder, but if grants
are not service
specific the Service
Portfolio Holder and
Finance Portfolio
Holder
1.6 Partnership Working (approve funding/partnership
arrangements/material variations)
Service Portfolio
Holder and, where
appropriate,
Finance Portfolio
Holder
1.7 Setting fees, charges, rents
Service Portfolio
Holder and Portfolio
Holder Finance
except the setting of
housing rents which
is reserved to the
Executive as a
whole.
Executive
1.8 Allocate funding/PIG / New opportunities / Recovery
- In accordance with the decision of the Executive in April 2006
- Will involve increasing the Constitutional limit from £2,500 to £5,000
2
Compensation/ex gratia payments
Legal Services
Manager and Head
of Service
3
Exceptions to Policy (e.g. Housing grants /
smallholdings/transfer of assets/leases etc.)
Service Portfolio
Holder and Portfolio
Holder Finance
4
Consultee on changes to Constitution
Executive
5
Contracts
Service Portfolio
Holder and, where
appropriate,
Finance Portfolio
Holder
6
Approval of plans, policies, strategies etc not
reserved to full Council
Service Portfolio
Holder with agreed
exceptions
7
SPG
Executive
8
Consultation responses
Service Portfolio
Holder
Except when the
matter is delegated
to an officer to
respond regarding
technical /
professional matters
9
Appointments to outside bodies
Leader in
consultation with
other Group
Leaders
10
Receive Minutes
11
10.1 Health Alliance
Executive
10.2 Community Safety Partnership
Executive
10.3 Corporate Parenting Panel
Executive
10.4 Local Service Board
Executive
10.5 Voluntary Sector Liaison Committee
Executive
Budget consultation/development
Executive
Pa
12
Material changes/cuts to schools / leisure centres /
museums / libraries
Executive, subject
to Policy Framework
Extract of a Decision from the Minutes of the Executive held on
30th November, 2010:EXECUTIVE DECISION MAKING
Reported by the Director of Legal Services/Monitoring Officer - That the Corporate Governance
Inspection Report identified the need for the Executive to develop a more strategic direction and to
spend less time on issues more usefully decided by Portfolio Holders and/or Officers under
delegation. In order to inform action on this issue a review was carried out into the categories of
Executive decisions, in order to identify matters which might be delegated by the Executive to its
individual Members and/ or Officers.
The result of that investigation, and subsequent consultation with the Executive and the SLG was
summarised in the Matrix at Appendix A of the report.
If the Executive decides to accept the recommendation then the delegations so authorised would
remain in force unless and until the current Executive, or any future Executive, varies, adds to or
revokes any or all of the delegations. Additional ad hoc delegations may still be made by the
Executive at any time.
Any Executive decision delegated to a Portfolio Holder and/ or Officer would at the request of the
Portfolio Holder and/ or Officer, be referred back to the Executive for a decision if, in the judgment
of the Portfolio Holder and/or Officer, the matter required full Executive consideration e.g. because
it was likely to be controversial.
The Director of Legal Services/Monitoring Officer referred to items 1.3 and 1.5 and amendments
were agreed as specified in the recommendation below.
RESOLVED

To agree, the changes recommended in the Matrix at Appendix A of the report.

To increase the level at which the Corporate Director (Finance) may approve write-offs
from £2,500 to £5,000.

That the decision of the Executive in April 2006 should remain that :‘pursuant to Financial Procedure Rul 4.8.4.9 (ix), the Executive specifies a sum which
individual amounts may be written off by the Corporate Director (Finance) alone :“unlimited where the debtor is bankrupt; or the debtor is a company in liquidation; or
the debt has been remitted by a court; or the debtor has been imprisoned in respect of
the debt.”

that the wording at 1.5 (Payment of discretionary grants) should read :‘That the Service Portfolio Holder shall make decisions, but if the grant is not Service
specific, then the Portfolio Holder for Finance shall make the decisions.’