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REVIEW OF PART OF THE BOUNDARY BETWEEN THE COUNTY OF CARMARTHENSHIRE, THE COUNTY BOROUGH OF NEATH PORT TALBOT AND THE COUNTY OF POWYS IN THE AREA OF CWMLLYNFELL

REPORT AND PROPOSALS

  1. INTRODUCTION
  2. EXECUTIVE SUMMARY
  3. SCOPE AND OBJECT OF THE REVIEW
  4. DRAFT PROPOSALS
  5. REPRESENTATIONS RECEIVED IN RESPONSE TO THE DRAFT PROPOSALS
  6. ASSESSMENT
  7. BRYN-MORGAN BRIDGE
  8. PROPOSALS
  9. CONSEQUENTIAL ARRANGEMENTS
  10. ACKNOWLEDGEMENTS
  11. RESPONSES TO THIS REPORT

Sue Essex AM

Minister for Finance, Local Government and Public Services

The National Assembly for Wales

1. INTRODUCTION

1.1 This report concerns the review of part of the boundary between the County of Carmarthenshire, the County Borough of Neath Port Talbot and the County of Powys in the Area of Cwmllynfell and our proposals for a new boundary. (A map showing the area under review can be found at Appendix 6).

2. EXECUTIVE SUMMARY

2.1 We propose that:

3. SCOPE AND OBJECT OF THE REVIEW

3.1 Section 54(1) of the Local Government Act 1972 (the Act) provides that the Commission may in consequence of a review conducted by them make proposals to the National Assembly for Wales for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government.

Procedure

3.2 Section 60 of the Act lays down procedural guidelines that are to be followed in carrying out a review. In line with that guidance, we wrote to the principal councils, the community councils, the Members of Parliament for the local constituencies, the Assembly Members for the area, the local authority associations, the police authority for the area and political parties to inform them of our intention to conduct the review, to request their preliminary views. We invited the principal councils to submit suggestions for changes to the boundary. We also publicised our intention to conduct the review in local newspapers circulating in the area and asked the councils to display a number of public notices.

4. DRAFT PROPOSALS

4.1 In response to our initial invitation, we received representations from Carmarthenshire County Council, Neath Port Talbot County Borough Council, Cwmllynfell Community Council, Rt. Hon Peter Hain MP, Gwenda Thomas AM, Dyfed Powys Police Authority and a resident. These representations were taken into consideration and summarised in our Draft Proposals published on 15 November 2002.

4.2 Our Draft Proposals recommended that the boundary between the County of Carmarthenshire and the County Borough of Neath Port Talbot in the area of Cwmllynfell should be realigned in the area under review to follow the River Llynfell from the point on the existing boundary at the A4068 road bridge at Cwmllynfell until it again meets the existing boundary at the confluence of the River Llynfell and the River Twrch.

4.3 In our Draft Proposals report we noted the alternative proposal made by Cwmllynfell Community Council to create a new community by combining the existing Cwmllynfell Community with a substantial part of the Llynfell Ward of the Community of Quarter Bach. We were of the view that we had insufficient evidence at that stage to consider that the proposal by Cwmllynfell Community Council would be of benefit in terms of effective and convenient local government. We therefore noted Cwmllynfell Community Council's proposal and invited further comment to inform our further consideration of this issue.

4.4 Copies of the Draft Proposals were sent to all the councils, bodies and individuals referred to in paragraph 3.2 seeking their views. A copy was also sent to everyone who had submitted preliminary comments. By public notice we also invited any other organisation or person with an interest in the review to submit their views. Copies were also made available for inspection at the offices of Carmarthenshire County Council, Neath Port Talbot County Borough Council and the Commission and were also deposited at the offices of the Dyfed Powys Police Authority. In addition we obtained, from Carmarthenshire County Council and Neath Port Talbot County Borough Council, addresses for all of the residents in the area affected by the review. We wrote to the residents on 7 June 2003 providing a summary of our Draft Proposals and informing them of a public meeting which was held on 19 June 2003 at the Millennium Hall, Cwmllynfell. This meeting, which was attended by 112 people, was held in order to provide a detailed explanation of the draft proposals, so that the local inhabitants would then be in a position to respond by the due date. As a result of writing to the residents and the information provided at the meeting, we are of the opinion that the draft proposals were understood by the local community and we were gratified by the excellent response in terms of the number of representations that were subsequently received (Appendix 5).

5. REPRESENTATIONS RECEIVED IN RESPONSE TO THE DRAFT PROPOSALS

5.1 Representations have been received from Carmarthenshire County Council; Neath Port Talbot County Borough Council; Powys County Council; Cwmllynfell Community Council; Ystradgynlais Town Council; Adam Price MP; Rhodri Glyn Thomas AM; 120 other interested bodies and residents and 6 petitions with a total of 544 signatories. All of these representations have been considered carefully before formulating our final proposals.

5.2 Copies of the representations received from Carmarthenshire County Council may be found at Appendices 1 and 2.

5.3 Copies of the representations received from Neath Port Talbot County Council may be found at Appendices 3 and 4.

5.4 A summary of the remaining representations may be found at Appendix 5.

6. ASSESSMENT

6.1 Cwmllynfell Community Council in its original proposal stated that at present local authority services could only be provided by crossing and re-crossing the boundaries that exist between the County Borough of Neath Port Talbot and the County of Carmarthenshire. They considered that duplication exists (in service provision) and that this is wasteful in terms of resources and detracts from the effective and convenient local government that could be provided if the area was served by one County Council and one Community Council. They also considered that this would serve to reinforce the sense of community spirit which already exists. We consider that these points have merit.

6.2 It is apparent from a majority of representations received that there is considered to be a close community of interest between the villages of Cwmllynfell, Pen-Rhiw-fawr, Cefn-bryn-brain and Ystradowen. The four villages are in close proximity lying on opposite slopes of the valley of the River Llynfell with the existing boundary partly following the river and partly cutting across land on the northern slope of the valley (see map at Appendix 6). A number of the representations have indicated that including the villages together under one authority would allow that authority to provide local government services more effectively and efficiently than the present arrangements.

6.3 The information we have received following the publication of our Draft Proposals report both in writing and expressed at the public meeting held on 19 June 2003 has contributed to our view that it would be in the interests of effective and convenient local government for the villages of Cwmllynfell, Pen-Rhiw-fawr, Cefn-bryn-brain and Ystradowen to be included together in a new community within the same unitary authority area. This is especially so insofar as the major services of Education, Refuse Collection and Highways are concerned, and delivery of other services could undoubtedly benefit from the identifying of a community with common interests.

6.4 Both county authorities provided information relating to the appropriateness of the future location of the combined community and the suitability of that particular authority as a provider of services. However, we are of the view that an identified and accepted community of interest contributes significantly to the formulation of policy and service delivery strategies which are beneficial to effective and convenient local government.

6.5 It was very evident from the Public Meeting held at the Millennium Hall that there were large numbers of Welsh speaking residents living in the proposed community. An examination of the last Census statistics shows that the proposed community would have just over 73% of the population who are Welsh speaking. This is somewhat higher than the surrounding communities located within Neath Port Talbot and Powys. The proposed community would form a part of a high density Welsh speaking population that is evident from the Census data consulted for this area. Language can be seen as one of the factors determining a local sense of community. The comparable communities with similar density levels of Welsh speakers are found in Carmarthenshire.

6.6 Moreover we noted that the existing Cwmllynfell electoral division is within Neath Port Talbot. This division, despite covering a relatively large area, has the lowest number of electors in the county being 46% below the (1995) county average. The number of electors within the division represents less that 1% of the electorate of Neath Port Talbot. The size of the proposed Cwmllynfell electoral division will be more in line with electoral divisions in Carmarthenshire (see 9.2 below). We consider therefore that the Cwmllynfell area has more in common with the rural districts of Carmarthenshire than the majority of districts of Neath Port Talbot which are more urban in nature and this in our view supports the recommendation for inclusion of the proposed new community within Carmarthenshire.

6.7 It is clear from the representations received that those residents currently living in Carmarthenshire wished to remain in Carmarthenshire and did not wish to become part of Neath Port Talbot.

6.8 The majority of residents in the Cwmllynfell Ward of the Community of Cwmllynfell would appear to support the combining of the villages within one community area within Carmarthenshire but there are several representations from residents who would prefer to remain in Neath Port Talbot. The residents in the Pen-Rhiw-fawr Ward of the Community of Cwmllynfell appear to be more equally split in their preference for which unitary authority the proposed community should come under. However, having regard to the written representations received and the comments made at the public meeting held on 19 June 2003, we have come to the conclusion that there is a significant majority support for the creation of this new community within Carmarthenshire.

6.9 A number of the representations made reference to the lack of public transport links between Cwmllynfell and other parts of Neath Port Talbot. In contrast it was pointed out that there were public transport links with Ammanford in Carmarthenshire which meant that Ammanford was used by residents of Cwmllynfell for local shopping and other needs.

6.10 A number of representations were received from parents and from teachers employed in primary schools in the review area; expressing concern at possible adverse effects the proposed boundary change would have on the future of the primary education service. There are now four primary schools operating in the review area - Cefnbrynbrain and Ystradowen within Carmarthenshire and Cwmllynfell and Rhiwfawr in Neath Port Talbot. Carmarthenshire are currently considering the provision of a new primary school in their part of the review area but have indicated that should the boundary change proposed be approved, they would reassess the position

6.11 It is no part of the Commission's brief to prejudge the necessity for a review of educational provision that may be deemed necessary. However, as a matter of principle the Commission is of the view that any such review should encompass the whole of a recognised area of community interest in the interests of both pupils and convenient and effective local government. Full consultation with all interests affected would no doubt be undertaken in the formulation of policies and service delivery strategies which are beneficial for effective and convenient local government and implementation of changes proposed, and we are satisfied from the representations we have received that both Education Authorities would strive to achieve the highest possible standards of primary education consistent with the assessed population needs of the area.

6.12 A number of the representations we received expressed concerns with regard to the continuation of funding of the Millennium Hall in Cwmllynfell. In their second representation (Appendix 3), Carmarthenshire County Council have given the assurance that they would provide the funding of the Millennium Hall should it transfer to Carmarthenshire. We are therefore satisfied that the proposed change would not have a detrimental effect on the operation of the Millennium Hall.

6.13 We concur with the comments of Neath Port Talbot County Borough Council that differences in the level of Council tax should not be a determining factor in boundary change. The level of Council Tax is significantly influenced by Assembly Government financial assistance which itself is calculated to reflect need and will vary from year to year.

6.14 Having considered all of the information made available to us we are of the view that the proposed new Community should be within the Carmarthenshire County Council area in the interests of more effective and convenient local government and in accordance with the wishes of the large majority of residents who responded to consultation on these proposed boundary changes.

7. BRYN-MORGAN BRIDGE

7.1 In the course of the review we received a representation from a resident of the Bryn-Morgan Bridge area of the Community of Cwmllynfell. The resident requested that the Commission consider a change to the boundary between Neath Port Talbot and Powys so as to include their property within the County of Powys. We considered this request and decided that the proposal had some merit. We therefore agreed to extend the consideration of the county boundaries in the area of Cwnllynfell to include the area of Bryn-Morgan Bridge. We wrote to Neath Port Talbot County Borough Council, Powys County Council, Cwmllynfell Community Council and Ystradgynlais Town Council requesting their views on this proposal. We also included details of this proposed change, with a map, in the letter sent to residents on 7 June 2003.

7.2 We received representations about this proposal from Powys County Council, Cwmllynfell Community Council, Ystradgynlais Town Council and two others. No other representations were received regarding this proposal. The representations are included in the summary of representations at Appendix 5.

7.3 We have had regard to the fact that the only access to this property is from the County of Powys, and it would appear reasonable that the highway access to the property should be the responsibility of a single highway authority. It also appears to us that the property is isolated from the rest of the Community of Cwmllynfell and that the community of interest of the residents of the property lie with Cwm-twrch in the County of Powys. We are therefore of the view that in the interests of convenient and effective local government a boundary change is appropriate to incorporate the property within the County of Powys.

8. PROPOSALS

8.1 Having considered all of the evidence available to us, we propose that the boundary between the County of Carmarthenshire and the County Borough of Neath Port Talbot should be realigned in the area under review to follow the southern boundary of the existing Cwmllynfell Community. The proposed change to the boundary is shown in blue on the map at Appendix 7.

8.2 Consequently the area of the existing Cwmllynfell Community will be transferred from the Neath Port Talbot County Borough Council Unitary Authority to the Carmarthenshire County Council Unitary Authority with the exception of that part of the existing Cwmllynfell Community at Lower Bryn-Morgan Bridge (shown on the map at Appendix 8) which will be transferred to the Powys County Council Unitary Authority. A new Cwmllynfell Community will be formed by combining the area of the existing Cwmllynfell Community with the Llynfell ward of the existing Quarter Bach Community. A new Quarter Bach Community will be formed from the Quarter Bach and Brynamman wards of the existing Quarter Bach Community.

8.3 A detailed map to a larger scale showing the proposed new boundary can be inspected at the offices of Carmarthenshire County Council, Neath Port Talbot County Borough Council, Powys County Council and at the office of the Commission in Cardiff.

9. CONSEQUENTIAL ARRANGEMENTS

9.1 Under Section 54 (1) (e) of the Act, the Commission may make proposals for a change of electoral arrangements for any local government area, which is consequential on any proposed change in local government areas. The details of the proposed changes to the electoral arrangements for the principal areas of Carmarthenshire and Neath Port Talbot and the communities of Quarter Bach and Cwmllynfell follow below.

9.2 The County of Carmarthenshire is divided for electoral purposes into 58 electoral divisions represented by 74 councillors. The existing Quarter Bach electoral division consists of the Quarter Bach Community with 2,200 electors represented by 1 councillor. The proposed changes would reduce the size of the Quarter Bach Community and thus the Quarter Bach electoral division by 668 electors to 1,532 electors. Although this is lower than the county average of 1 councillor to 1,809 electors there are several electoral divisions within Carmarthenshire with similar or lower number of electors. We propose therefore a revised Quarter Bach electoral division consisting of the revised Quarter Bach Community represented by 1 councillor. The proposed new Cwmllynfell Community will have an electorate of 1,578. We consider that this is an appropriate number of electors to form a new Cwmllynfell electoral division within Carmarthenshire with 1,578 electors represented by 1 councillor. This will result in a change to the electoral arrangements of Carmarthenshire County Council with an increase to 59 electoral divisions represented by 75 councillors.

9.3 The County Borough of Neath Port Talbot is divided for electoral purposes into 42 electoral divisions represented by 64 councillors. The proposed changes would result in the loss of the Cwmllynfell electoral division reducing the electoral arrangements of the County Borough Council to 63 councillors representing 41 electoral divisions.

9.4 The Community of Quarter Bach in Carmarthenshire is divided into three wards for community electoral purposes as follows:

Ward Name

Electors

Councillors

Quarter Bach

842

5

Brynamman

690

5

Llynfell

668

4

Total

2,200

14

9.5 The Community of Cwmllynfell in Neath Port Talbot is divided into two wards for community electoral purposes as follows:

Ward Name

Electors

Councillors

Cwmllynfell

685

6

Penrhiwfawr

225

3

Total

910

9

9.6 In considering the changes required to the community electoral arrangements for the two revised community areas, we propose to utilise the existing community wards. We propose therefore that the new Cwmllynfell Community in Carmarthenshire is divided into three wards for community electoral purposes as follows:

Ward Name

Electors

Councillors

Cwmllynfell

685

5

Penrhiwfawr

225

3

Llynfell

668

5

Total

1,578

13

We propose that, in order to give a degree of parity between the levels of representation in the new community wards, the number of councillors representing the Cwmllynfell ward be reduced to 5 and the number of councillors representing the Llynfell ward be increased to 5.

We also propose that the revised Quarter Bach Community in Carmarthenshire is divided into two wards for community electoral purposes as follows:

Ward Name

Electors

Councillors

Quarter Bach

842

6

Brynamman

690

5

Total

1,532

11

Given the higher number of electors in the Quarter Bach ward in comparison to the Brynamman ward, an additional councillor should be allocated to the Quarter Bach ward.

The community ward boundaries are marked in black on the map at Appendix 7.

9.7 The boundary between Carmarthenshire and Neath Port Talbot and the boundary between Powys and Neath Port Talbot form part of the boundary between the Dyfed Powys and South Wales Police Authority areas. We recommend that the changes proposed to the unitary authority boundaries be also applied to the boundary between the two police authorities.

10. ACKNOWLEDGEMENTS

10.1 We wish to express our gratitude to the principal councils and all the community councils for their assistance during the course of the review and to all bodies and persons who made representations to us.

11. RESPONSES TO THIS REPORT

11.1 Having completed our review of part of the boundary between the County of Carmarthenshire, the County Borough of Neath Port Talbot and the County of Powys in the Area of Cwmllynfell and submitted our recommendations to the National Assembly for Wales, we have fulfilled our statutory obligation under the directions issued by the National Assembly for Wales.

11.2 It now falls to the National Assembly for Wales, if it thinks fit, to implement them with or without modifications by means of an Order or to direct the Commission to conduct a further review. Such an Order will not be made earlier than a period of six weeks from the date that the Commission's recommendations are submitted to the National Assembly for Wales.

11.3 Any further representations concerning the matters in the report should be addressed to the National Assembly for Wales. They should be made as soon as possible, and in any event not later than six weeks from the date that the Commission's recommendations are submitted to the National Assembly for Wales. Representations should be addressed to:

Local Government Modernisation 2 Division
National Assembly for Wales
Cathays Park
Cardiff
CF10 3NQ

MRS S G SMITH LLB (Chair)

J DAVIES ICSA IPFA (Deputy Chair)

D H ROBERTS BSc DMS MBCS MCMI (Member)

E H LEWIS BSc. DPM FRSA FCIPD (Secretary)

March 2004

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19/3/2004