The decision by Bridgend Council’s Cabinet to begin the process of transferring land associated with the Hybont project to the Cardiff Capital Region was called in by opposition councillors yesterday.
The grounds for the call-in were (pdf):
- The report presented to the Cabinet didn’t include enough information for them to make an informed decision. This includes whether the land was actually “surplus”, any third-party interest in the land or potential alternative uses.
- Whether the land would be fully in public ownership.
- Lack of clarity over what would happen to the land if the project doesn’t proceed and is transferred back to BCBC.
- Failure to consult with residents (despite local opposition).
- The decision is premature given that no planning permission has been granted. It’s also placed pressure on BCBC’s Planning Committee given the reported £750,000 increase in the value of the land should it receive planning permission.
Different interpretations around the reason for the land transfer
A sizable chunk of the meeting was taken up by differing interpretations of a throwaway comment by Cabinet Member for Finance, Cllr. Hywel Williams (Lab, Blackmill).
He told councillors that when BCBC pulled out of Hybont they “sought alternative means to take the project forward”. He added that the transfer keeps the land in public ownership and enhances its value – which is good practice.
“Take the project forward” was interpreted by some committee members to mean that the transfer is about ensuring Hybont goes ahead rather than disposing of surplus council-owned land.
Cllr. Martin Williams (Ind, Coity Higher) believed this meant the land transfer protocol wasn’t being used properly. Cllr. Ian Williams (Ind, Oldcastle) went one step further, saying it was an attempt to offload responsibility for a politically controversial project to the city region.
Cllr. Philip Jenkins (Ind, Maesteg East) was particularly bothered that only one option was considered; were other options explored?
Corporate Director for Communities, Janine Nightingale, thought the Cabinet Member’s comments were misinterpreted.
The transfer protocol can be used to transfer land between public bodies. It was up to the Welsh Government and Cardiff Capital Region to come forward with options for the land – as BCBC’s Cabinet determined when they pulled out.
The protocol was used for the Bridgend College campus at the former Bridgend police station; the same process will happen here.
As it’s an Options Agreement, many conditions will be attached. It’s dependent on planning permission and a fully funded business case – set to be discussed by the city region’s Corporate Joint Committee in June.
Cabinet “not told about third party interest in the Brynmenyn site”
One of the few revelations to come out of the meeting was that a “tentative approach” was made for the Brynmenyn site (where the hydrogen station will be based) in October 2023. This wasn’t included in the Cabinet report on the land transfer.
The proposal included conservation/landscaping, community uses and light industrial units.
Cllr. Martin Williams noted that the land is said to be surplus, but it wasn’t included as part of opposition work on an alternative budget. How was “surplus land” defined and recorded? The land clearly has value if there’s third-party interest.
Councillors were told a register of land and property/assets owned by BCBC exists. Not all of the land identified for sale is included on this register and the Brynmenyn site is one of those.
Desire to keep the land in public ownership; land transfer separate from future planning decision
Cllr. Norah Clark (Ind, Nottage) noted that if an approach has been made for land, and it’s deemed surplus, why hasn’t it been put on the open market?
Councillors were told of BCBC’s desire to keep the land in public ownership. On the open market, it’s quite likely an operator would buy the land at an inflated price.
Under the land transfer, there would be a leasehold (later said to be 125 years). In the future, if/when Hybont ceases operations, BCBC would inherit the solar farm at Bryncethin and a serviced site at Brynmenyn; the city region would be responsible for clearing the Brynmenyn site too.
Cllr. Steven Bletsoe (Ind, Bridgend Central) asked whether the Cabinet decision should have been delayed until after the planning committee had decided on the planning application.
Cllr. Bletsoe was concerned that the whole situation “fails the smell test”, as it’s in the council’s interest – due to the projected increase in the land value – to secure planning permission.
The Corporate Director explained that the planning process is entirely separate and will be decided on land use alone. Some licences/permits are decided by various public agencies and regulators which will determine whether Hybont goes ahead; all of that is outside of BCBC’s control.
The Committee narrowly voted – by 6 to 5 – not to refer the decision back to the Cabinet for review.
Instead, they offered non-binding recommendations that the Cabinet receives a report on issues raised during the meeting – particularly the length of the leasehold, which wasn’t mentioned in previous papers.
