Background and Purpose
Sections 59 and 60 of the Town
and Country Planning Act 1990 give the Welsh Ministers the power to
make a special development order that grants planning permission
for a development specified within the Order.
This special development Order grants planning permission (subject
to conditions) for the construction and operation of an inland
border control post for the Port of Holyhead and additional parking
for up to 60 heavy goods vehicles (“HGVs”) at Plot 9,
Parc Cybi, Holyhead.
The Order sets limits on the extent and physical form of border control facilities and HGV parking that can be provided by the Welsh Government and border departments on the site. It also requires the construction and operation of mitigation measures.
Procedure
Negative.
The Order was made by the Welsh Ministers before it was laid before the Senedd. The Senedd can annul the Order within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date it was laid before the Senedd.
Technical Scrutiny
The following point is identified for reporting under Standing Order 21.2 in respect of this instrument:
1. Standing Order 21.2(vii) - that there appear to be inconsistencies between the meaning of its English and Welsh texts
There is an inconsistent cross-reference between the English and Welsh texts in paragraph 31(3) of the Schedule. The English text refers to paragraph 17(2) but the Welsh text refers to paragraph 16(2). It appears that the English version is accurate based on the context of the relevant provisions (noise mitigation measures).
Merits Scrutiny
No points are identified for reporting under Standing Order 21.3 in respect of this instrument.
Welsh Government response
A Welsh Government response is required.
Legal Advisers
Legislation, Justice and Constitution Committee
14 March 2023