Discontinuation of Porth-y-rhyd investigation

Earlier this year, the Welsh Language Commissioner decided to open an investigation into a suspected failure to comply with Welsh language standards by Carmarthenshire County Council. The investigation focused on compliance with the policy-making standards (standards 88-90). The Commissioner has now decided to bring that investigation to a close.  

Background 

An investigation was opened into the suspected failure to comply after the Council decided to grant a planning application to develop 42 dwellings in the Porth-y-rhyd area. As 27 dwellings had been agreed for the site under the Local Development Plan (LDP), there was a suspected failure to comply with standards 88-90 as the development of 42 dwellings significantly exceeded what had been agreed in the LDP.  

The policy-making standards place a duty on the Council to consider the effects of a policy decision on the Welsh language when formulating a new policy or reviewing or revising an existing policy. Consideration must also be given to how to increase any positive effects and mitigate any adverse effects.  

In response to the investigation, the Council made it clear that in deciding on a planning application, it did not formulate a new policy or review or revise an existing policy. The Council also made clear that, as a result, there was no need to undertake an assessment of the impact of the decision on the Welsh language.  

Discontinuation of investigation 

The information gathered during the investigation has highlighted a likelihood that the investigation would not find a failure to comply with Welsh language standards. We have therefore decided to discontinue this investigation.   

Although the decision to approve the planning application in Porth-y-rhyd differs from what is set out in the LDP, we accept that the Council has the discretion to make such decisions in certain circumstances, and that this does not necessarily amount to formulating, reviewing or revising that policy.  

We have also taken into account that the Council has submitted a revised Local Development Plan to the Welsh Government and Planning and Environment Decisions Wales (PEDW) for examination. The Plan includes a commitment to set requirements for further evidence and impact assessments in relation to the Welsh language. The Plan also includes a commitment to identify the whole of Carmarthenshire as a linguistically sensitive area.  

As a result of these considerations, we believe that continuing with the investigation would be a disproportionate use of our resources. 

Concluding remarks 

It is clear that the decision to build 42 dwellings instead of 27 has caused great concern locally for a variety of reasons, and the impact on the Welsh language is one of those reasons. It is also clear from the comments we have received that the expectation of many in the community was that consideration was given to the impact of the planning application on the Welsh language in the area.   

With that in mind, and in the spirit of the Welsh Language (Wales) Measure 2011 and the regulatory outcomes that we have now set, it is encouraging to see the developments to the Council's revised Local Development Plan from a Welsh perspective. 

As an organisation, we will be interested in this revised Plan, and how it will be implemented in the future.