REVIEW OF PART OF THE BOUNDARY BETWEEN THE COUNTY OF POWYS AND THE COUNTY BOROUGH OF MERTHYR TYDFIL IN THE AREA OF PONTSTICILL
DRAFT PROPOSALS
- INTRODUCTION
- EXECUTIVE SUMMARY
- REPRESENTATIONS RECEIVED PRIOR TO THE DRAFT PROPOSALS
- ASSESSMENT
- PROPOSALS
- CONSEQUENTIAL ARRANGEMENTS
- ACKNOWLEDGEMENTS
- RESPONSES TO THIS REPORT
- THE NEXT STEPS
1. INTRODUCTION
1.1 We the Local Government Boundary Commission for Wales (the Commission) have completed the first stage of the review of part of the boundary between the County of Powys and the County Borough of Merthyr Tydfil in the area of Pontsticill. The purpose of the review is to consider whether, in the interests of effective and convenient local government, the Commission should propose changes to the present boundary. The review is being conducted under the provisions of Section 55(1) of the Local Government Act 1972 (the Act).
1.2 We decided to undertake this review as a result of a request from Powys County Council, that the area identified on the map at Appendix B be included within the area served by Merthyr Tydfil County Borough Council.
1.3 Section 60 of the Act lays down procedural guidelines which are to be followed in carrying out a review. In line with that guidance we wrote on 19 July 2007 to Merthyr Tydfil County Borough Council, Powys County Council, Talybont-on-Usk Community Council, the Members of Parliament for the local constituencies, the Assembly Members for the area, the local authority associations, the police authorities for the area, the Powys and Merthyr Tydfil Local Health Boards and political parties to inform them of our intention to conduct the review and to request their preliminary views. We also publicised our intention to conduct the review in local newspapers circulating in the area and asked the councils to display public notices. Notification of the start of the review and the closing date for representations to be made (20 September 2007) was given on the Commission's web site. The Commission also made site visits to the area in September and October 2007.
2. EXECUTIVE SUMMARY
2.1 We propose a change be made to the boundary between the County of Powys and the County Borough of Merthyr Tydfil in the area of Pontsticill as illustrated on the map at Appendix D.
3. REPRESENTATIONS RECEIVED PRIOR TO THE DRAFT PROPOSALS
3.1 We received representations from Merthyr Tydfil County Borough Council, Powys County Council, The Lieutenancy of the County of Mid Glamorgan, Brecon Beacons National Park Authority, Dyfed-Powys Police Authority, The Brecon Mountain Railway Company and four residents. We considered all of these representations carefully before we formulated our proposals.
3.2 Details of all of these representations can be found at Appendix A.
3.3 Whilst making a site visit to the area under review, members of the Secretariat were invited to meet with local residents who reinforced the concerns that they had expressed in their representations to us. After the meeting the members of the Secretariat were shown where part of the boundary suggested by Powys County Council cut across a field without following any discernable geographic features. They also noted where the suggested boundary bisects a café belonging to the Brecon Mountain Railway.
4. ASSESSMENT
4.1 We considered the change to the boundary suggested by Powys County Council ( Appendix B) and the alternative proposal made by Merthyr Tydfil County Borough Council ( Appendix C) and all of the representations we received.
4.2 We noted that both Powys County Council and Merthyr Tydfil County Borough Council supported a change to the boundary that would transfer the area suggested by Powys County Council (though Merthyr Tydfil County Borough Council suggested an additional area to be transferred). This change is supported by Talybont-on-Usk Community Council, The Lieutenancy of the County of Mid Glamorgan, Brecon Beacons National Park Authority and Dyfed-Powys Police Authority. We noted however that the Brecon Mountain Railway Company and some of the residents of the area had a number of concerns about the proposed change. Some of the concerns were in respect of the change from one county to another and other concerns were specific to the particular boundary being suggested.
4.3 Some of the issues raised were in respect of land holdings being split over two principal council areas. Although we are aware from other reviews of farms crossing county (and community) boundaries, we had not previously received representations from a landowner in respect of such perceived consequences. In order that we could give our full consideration to the issues raised in the representations, we contacted the Rural Affairs Directorate of the Welsh Assembly Government (WAG) and the Land Registry for information. Our understanding is that a County Parish Holding (CPH) is a reference number allocated to holdings for government / agricultural purposes. Land falling into 2 different parishes would have no impact as WAG use the CPH number purely as an identifier based on where the main farmhouse and buildings are located. If these were to be changed to be within another parish (community) then the CPH would be amended. The CPH is used for animal movement purposes but WAG Divisions are responsible for creating and informing other departments of the correct number. We understand therefore that two separate CPH numbers would not be created by such a move.
4.4 In respect of the registration of land and property we were informed by the Land Registry that changes to local government administrative areas, both in name and area do not effect the legal ownership of land/property, as there is no change in the extent of the land, be it registered or unregistered. When such changes occur the Land Registry are able to update their records electronically. Such changes are not required to be communicated to the registered owner as the change has not altered their legal ownership.
4.5 The residents were concerned about the likely increase in council tax charges as a result of the change. We noted that the current base council tax rates are higher in Merthyr Tydfil than they are in Powys, although this would be partially offset by the fact that the residents currently pay an additional precept for Talybont-on-Usk Community Council whereas under the proposed change they would be in the Vaynor Community area that currently does not have a community council. We consider however that, as a matter of policy, differentials in Council Tax should not normally carry much if any weight for the Commission in determining the boundary between two principal council areas
4.6 We are of the view that a change to the boundary to include, as a minimum, the area suggested by Powys County Council appears to us to be desirable in the interests of effective and convenient local government for the reasons given by Powys County Council that it is not in the interests of effective and convenient local government for a settlement such as Pontsticill to be partitioned in this way. We noted Merthyr Tydfil County Borough Council's extension of this suggestion to include a substantially larger area within their boundaries. In their representation Merthyr Tydfil County Borough Council considered that their alternative boundary would have the benefit of including the Dolygaer Outdoor Pursuits Centre, owned by the Council, within their area. We noted however that it was not unusual for local authorities to have interests in such facilities outside their own areas. We considered that, although there might be benefits for Merthyr Tydfil County Borough Council for their Outdoor Pursuits Centre to be within their council area, this in itself did not merit the substantial boundary change they had suggested.
4.7 We considered the concerns expressed by the residents and by the Brecon Mountain Railway Company regarding the appropriateness of the suggested boundary in some areas. We have noted these concerns and have made site visits to the area to inspect the boundary suggested by Powys County Council (and the further amendment suggested by Merthyr Tydfil County Borough Council). We are of the view that, in parts, the suggested boundaries do not follow identifiable geographic features and as such would not provide appropriate county boundaries.
4.8 We have studied detailed maps of the area and have made a further site visit in order to discover an alternative boundary which, although not as extensive as the Merthyr County Borough Council's proposal, does include the area within the boundary proposed by Powys County Council. We considered using part of the existing boundary between the Communities of Llangynidr and Talybont-on-Usk. This boundary follows a public footpath that is at the base of the Cefn yr Ystrad escarpment. We noted on our site visit however that there were a number of tracks made by what appeared to be motorised vehicles and in places this has made the course of the footpath difficult to identify. Further down from the community boundary towards the reservoir, we found there was a substantial dry stone wall running virtually unbroken from the existing county boundary northwards until it meets the stream that flows from Cwm Criban into the reservoir. We noted that this stone wall also marks the division between the area of moorland and the area of fields. We have therefore utilised the stone wall and the stream to form a boundary (shown on the map at Appendix D) which we consider follows identifiable geographic features and would provide an appropriate county boundary.
4.9 The adoption of our proposed county boundary would result in part of the area of Talybont-on-Usk Community forming a narrow salient of uninhabited land down to the southerly boundary with Merthyr Tydfil. Given the problems in identifying the southern end of the boundary between the Communities of Talybont-on-Usk and Llangynidr (noted at 4.8 above) we propose an amendment to the boundary that utilises the stream flowing from Cwm Criban. The proposed amendment to the community boundary is shown on the map at Appendix D.
5. PROPOSALS
5.1 Having considered the evidence available to us at this stage of our review we propose that the boundary between the County of Powys and the County Borough of Merthyr Tydfil be realigned to follow the boundary shown in green on the map at Appendix D. We further propose that the boundary between the Community of Talybont-on-Usk and the Community of Llangynidr be realigned to follow the boundary shown in brown on the map at Appendix D.
5.2 Detailed maps to a larger scale showing the proposed new boundaries can be inspected at the offices of Merthyr Tydfil County Borough Council, Powys County Council and at the office of the Commission in Cardiff.
5.3 This draft report details our proposal for change to the boundary between the County Borough of Merthyr Tydfil and the County of Powys and we would welcome comments on the proposals.
6. CONSEQUENTIAL ARRANGEMENTS
6.1 In considering the change to the county boundary it was also necessary for us to take account of the effects on the electoral arrangements for community councils and the principal authorities, which would result from these changes. This section of our report details our proposals for consequential changes to the electoral arrangements. We would also welcome comments on this aspect of our report. The electoral statistics used in this report were provided by Merthyr Tydfil County Borough Council and Powys County Council.
Community Council Electoral Arrangements
6.2 The Community of Vaynor in the County Borough of Merthyr Tydfil does not have a community council. The proposed change to the boundary therefore requires no consequential changes to be made to the electoral arrangements of this community.
6.3 The Community of Talybont-on-Usk in the County of Powys was until recently divided for community electoral purposes into the Community wards of Llanddetty, Llanfigan and Llansantffraed represented by 4, 5 and 2 members respectively. The County of Powys (Community Electoral Arrangements) Order 2006 which came into operation on 1 December 2007 removed the warding arrangements and reduced the number of members representing the Community of Talybont-on-Usk from 11 to 9. The proposed change to the boundary would reduce the number of electors in the Talybont-on-Usk Communityby 13 electors. We consider that this small change to the number of electors does not merit a further change to the number of councillors representing this ward.
6.4 The proposed change to the boundary between the Communities of Talybont-on-Usk and Llangynidr does not involve any electors. No consequential changes to the electoral arrangements of these communities as a result of this change are therefore required.
County Council Electoral Arrangements
6.5 The Merthyr Tydfil County Borough Council Electoral Division of Vaynor consists of the Community of Vaynor with 2575 electors represented by 2 councillors. The proposed change to the boundary would increase the number of electors by 13.
6.6 The Powys County Council Electoral Division of the Communities of Glyn Tarell, Llanfrynach and Talybont-on-Usk with 1,624 electors represented by 1 councillor. The proposed change to the boundary would decrease the number of electors by 13.
6.7 We are of the view that for both of the above electoral divisions the changes to the number of electors as a consequence of the proposed boundary change are not so significant as, at this time, to require either an increase or a decrease in the number of councillors representing each electoral division.
7. ACKNOWLEDGEMENTS
7.1 We wish to express our gratitude to the County Borough of Merthyr Tydfil and the County of Powys Councils for their assistance and to all persons and bodies who made representations to us.
8. RESPONSES TO THIS REPORT
8.1 All observations on these draft proposals should be sent to:
The Secretary Local Government Boundary Commission for Wales Caradog House 1-6 St Andrews Place Cardiff CF10 3BEnot later than 14 March 2008.
9. THE NEXT STEPS
9.1 When we have considered the comments made to us in response to this draft report we shall submit our recommendations to the Welsh Assembly Government in the form of a report and proposals. Following the publication of our final proposals report there will be a further period of consultation. It will then fall to the Welsh Assembly Government, if they think fit, to implement our recommendations either with or without modifications.
MRS S G SMITH LLB (Chair)
D H ROBERTS BSc DMS MBCS MCMI (Deputy Chair)
REV. HYWEL MEREDYDD DAVIES BD (Member)
E H LEWIS BSc. DPM FRSA FCIPD (Secretary)
January 2008