PLEASE WRITE TO:-
Rebecca Evans MS Cabinet Secretary Economy Energy Planning
Include your name and address and state that you are writing to her as the Cabinet Secretary. Details of case below.
Email: Rebecca.Evans@senedd.wales
Subject: Enforcement Appeal Procedural Unfairness, Denial of Hearing in Contravention of Human Rights and Opportunity for redress by Welsh Ministers.
Dear Rebecca Evans
I am writing to you about the urgency of climate change and the need for climate adaptation projects to be supported by Welsh Assembly in the planning system. The right to a fair hearing is a Human Rights issue and I ask you to read and consider Climate and Community’s case for a fair hearing to determine its appeal to Welsh Ministers against an Enforcement notice issued against its environmental project based in a field in Murton Gower. A claim with a pre action protocol letter has been sent to your legal services department; I ask for you to truly listen to the request; so that it maybe remedied without the need of High Court action.
In summary:
Climate and Community was denied a hearing and opportunity to question finding of fact and witness in the determination of an enforcement appeal case having requested a hearing on 3 occasions. Clear and detailed reasons were given for the need to question witness. The Claimant Charity and its Trustees have been denied a hearing in the determination of their civil rights and put in jeopardy of Criminal sanction without a fair hearing in public on the principal contrary to the Human Rights Act 1998 Section 6.1.
The failure of PEDW on behalf of Welsh Ministers to administer a fair appeal procedure failed to ensure an effective impartial resolution of the issues. The Charity as appellants were disadvantaged by this act as they were as litigants in person left to seek an onerous High Court Appeal which caused unnecessary expense, anxiety, stress and hardship and the application was not issued. Which constituted a profound injustice.
I ask you as the Welsh Minister for Economy, Energy and Planning to look at this case again and take the opportunity to give climate change adaptation projects a fair hearing in the planning process and show the people that it is taking the risk of food insecurity and famine seriously and will support Charity in all its forms to act on the land. Whether you are a land owner, lease holder or landless urban dweller. All are needed to be active at every level of society.
As a planning case this highlights the inadequacy of the current system to assess the public interest in the face of the urgency of the climate emergency. As well as the unfair procedure when pressed by an appellant to allow a hearing of the issues in person and question witness.
The Civilian Conservation Corps New Deal initiative of 1930’s on which the project is modelled; is I believe a way forward for Wales. In America it began with tented camps organised by the Government and provided focussed Emergency Conservation Work tasks in the countryside where the work was needed to fix the environmental degradation which led to greater harm: soil erosion, flooding, aridification of farmland and rural poverty. A Climate Conservation Corps/Camp is needed for this current climate emergency. We need Welsh Government to help fund and implement this in Wales to provide hope and real practical visible action which educates the young and galvanizes change. In 1930’s America Roosevelt bolstered much political support from the people in a time of social despair and economic depression. The environmental works elevated his political and moral leadership. Help us begin this in Wales. Give us the permission to act.
Climate and Community has been a Dharma project from the outset. It is from dharma that this project springs from, an attempt to remove self-interest to solve the problems in our community and have the courage to follow where it leads with resources you can obtain. The Dharma aims of the Charity have been to discover the barriers to reasonable action to mitigate and adapt to the destabilising climate. A particular object has been to test if there are barriers in local and national government. To demonstrate if local and Welsh Government represent the clear public interest in actually making practical preparations for what their own science is telling them are the real hazards given the current climate trajectory of record fossil fuel use.
The hazard I am concerned with is the food shortage and insecurity predicted over the next 20 years; and famine possibly in 40 years? The project Climate and Community has been attempting to manifest in Swansea meets the criterion of mitigation and adaptation. Mitigating by reducing emissions associated in making adaptation for sustainable local food security. In practice this started with the founding of a training and education school which was made portable and based in the field. Demonstrating 90% or more cuts in embodied and ongoing emissions while developing a more sustainable local food supply.
I ask only for what is yours to give and which you are responsible for. To redress the procedural unfairness during this enforcement and appeal and an opportunity to re-assess the real public interest and harm of the charity project by authorising an appeal inquiry. An Inquiry which realistically reflects the rapidly worsening climate effects on Welsh citizens lives. The majority of locals support their work in the community and experienced some benefit.
I respectfully ask you to consider these actions:
- The Quashing of the Appeal Decision CAS-03398-QC1C8M9 dated 04/12/2024
- The Ordering a new Enforcement appeal procedure to be conducted by way of a Public Inquiry for Enforcement Notice ENF2021/0467.
- The Ordering of a stay in enforcement action under notice ENF2021/0467 while the claim is under consideration.
- To support a Climate Conservation Camp Cymru as a Welsh Assembly initiative using portable skills schools in the field.
Yours Sincerely
Name and Address
