Agenda item

To consider a report by Councillor Huw Williams, Chair of Communities Scrutiny Committee (copy enclosed) seeking Cabinet’s review of its original decision in relation to the proposed scheme of delegated decision making for land acquisition (freehold and leasehold) for carbon sequestration and ecological improvement purposes, having regard to the Scrutiny Committee’s findings and recommendations.

RESOLVED that Cabinet –

(a)       acknowledges Communities Scrutiny Committee’s conclusions, its concerns and recommendations following its review of the Cabinet decision of 15 February 2022 in relation to a ‘Proposed Scheme of Delegated Decision Making for Land Acquisition (Freehold and Leasehold) for Carbon Sequestration and Ecological Improvement Purposes’;

(b)       agrees to reconsider its original decision, with a view to expediting the decision making process for purchasing land, and as part of that review will consider and take into account the recommendations made by the Scrutiny Committee as set out in paragraph 3.2 of the report, and

(c)        officers be asked to bring a report back to Cabinet on that review to be considered by Cabinet in October.

Councillor Huw Williams, Chair of Communities Scrutiny Committee presented the report detailing the findings and recommendations of the Scrutiny Committee following consideration of the call-in of the Cabinet decision taken on 15 February 2022 in respect of the proposed scheme of delegated decision making for land acquisition for carbon sequestration and ecological improvement purposes.

In brief, the Committee acknowledged that if the Council was to achieve its ambition in relation to carbon reduction, it would need to adopt a multi-faceted approach, which would include buying parcels of land to be used to offset unavoidable carbon usage, and the Committee had been assured that prime agricultural land would not be purchased for this purpose.  However, concerns had been raised regarding the potential unintended consequences that such land purchases may have on the future viability of local agricultural businesses and the livelihoods of local families, which could have a detrimental impact on the long-term economic sustainability of local communities, changing the fabric and ethos of community life in the county’s rural areas.  Consequently, Cabinet had been asked to revisit their decision taking into account the Committee’s concerns and recommendations to secure rural communities’ support for the process, reinforce elected members’ involvement in the process, and ensure sufficient resources would be made available to the Countryside Services Team to deliver the Council’s environmental ambitions.

Councillor Williams stressed that the Scrutiny Committee was not against the principle of the approach, but wanted the right process in place to best serve Denbighshire’s residents and ensure an open and transparent process.

Cabinet considered the report and debate focused on the following points –

·         Councillor Gwyneth Ellis was supportive of Cabinet reconsidering its decision taking into account the Scrutiny Committee’s views.  However, she felt that the recommended actions detailed in paragraphs 3.2 (i) – (iv) should be taken into account as part of that reconsideration, rather than agreed beforehand, and proposed an amendment on that basis, with a report back to Cabinet thereon

·         clarity was provided around the decision making process and the role of scrutiny and it was noted that, due to the call-in, Cabinet’s decision had not been implemented.  Whilst officers could continue to purchase land under the existing processes, the expedited decision making process was suspended until such time Cabinet reconsidered its decision

·         there was general support for the approach to land acquisition for the purposes of carbon sequestration and ecological improvement given the climate change emergency together with the need to expedite the delegated decision process for purchasing land in order to meet that objective without undue delay

·         whilst it was agreed that further consultation as recommended should be undertaken with the Farming Union and Federation of Young Farmers Clubs as soon as possible, it was also recognised that a prompt response was required to minimise any delay in Cabinet making a final decision on the matter.  Councillor Huw Williams reported on the success of the Flood Risk Task and Finish Group as a forum for discussion and, if appropriate, a Task and Finish Group could be established as a means of engaging with the relevant parties in this matter

·         in terms of timescales, it was suggested that a report back to Cabinet in October would provide an appropriate amount of time to work with Farming Unions and the Federation of Young Farmers Clubs to seek comprehensive responses in relation to the proposed scheme as recommended by the Scrutiny Committee

·         the Head of Finance and Property confirmed the process of land acquisition was continuing and reported upon the current purchase of land in St. Asaph for that purpose which had received all the necessary approvals.  However, the Council had missed out on the purchase of at least one piece of land since April due to the need for speed of decision making.  Nevertheless, the process needed to be correct for all concerned and it was appropriate that a review be undertaken

·         Councillor Merfyn Parry highlighted the importance of local knowledge, hence the recommendation for consultation with local members and Member Area Groups which would not cause undue delay in the process, and to be mindful of the needs of the farming communities in the area with a more inclusive process.

·         it was accepted that a balance was required to expedite the delegated decision making process for land acquisition to maximise opportunities for the Council in meeting its carbon reduction targets whilst also providing an inclusive process to ensure support and buy-in from all stakeholders where possible; that balance would need to be considered as part of Cabinet’s review of its original decision.

The Leader thanked Councillor Huw Williams for his contribution, highlighting the need for the Farming Unions and Federation of Young Farmers Clubs to engage and respond promptly to consultation.  Councillor Williams provided assurances in that regard.  He also highlighted a significant delay in progressing the sale of land he had introduced for carbon sequestration purposes which required addressing.

Councillor Ellis’s proposed amendment to the recommendations was restated, seconded by Councillor Emrys Wynne, and upon being put to the vote it was –

RESOLVED that Cabinet –

(a)       acknowledges Communities Scrutiny Committee’s conclusions, its concerns and recommendations following its review of the Cabinet decision of 15 February 2022 in relation to a ‘Proposed Scheme of Delegated Decision Making for Land Acquisition (Freehold and Leasehold) for Carbon Sequestration and Ecological Improvement Purposes’;

(b)       agrees to reconsider its original decision, with a view to expediting the decision making process for purchasing land, and as part of that review will consider and take into account the recommendations made by the Scrutiny Committee as set out in paragraph 3.2 of the report, and

(c)        officers be asked to bring a report back to Cabinet on that review to be considered by Cabinet in October.