Draft Delivery Agreement for the Bannau Brycheiniog (Brecon Beacons) National Park Local Development Plan 2025 - 2045

5.0 Governance and risk management Comment

5.1 Unlike Unitary Authorities in Wales, the Authority is not political, and has no leader, cabinet or portfolio holders, with each member having equal status at meeting of the Authority, unless a casting vote is required by the Authority's Chair.

5.2 Under Schedule 2 of the National Parks Authorities (Wales) Order 1995, two thirds of the members of the NPA are appointed by Local Authorities to represent local interests. The other third appointed by the Welsh Ministers to represent the national interest in the Parks.

5.3 Sections 15 and 16 of the Local Government and Housing Act 1989 also requires the Local Authorities to appoint County Councillors according to the political balance of the individual Local Authority, whilst Schedule 7, paragraph 2 (4) of the Environment Act 1995 requires them to have regard to the desirability of appointing Councillors with wards wholly or partly situated within the relevant National Park.

5.4 These legal provisions provide the framework within which the principles of selection can be considered and a protocol for Local Authorities on the selection of Councillors to serve as members of a National Park Authority has been established with appointees selected based on:

• Commitment to National Park purposes – in addition to being committed to the overall values and principles of conduct in public service in performing their duties, Councillors being considered for selection and appointment should be committed to the two statutory purposes and duty of the NPAs and aim to perform their duties in the interests of the National Park as a whole. Being selected as a NPA member is an appointment to a separate Authority and as such will require dedication to successfully fulfil the obligations attached to the position.
• A Passion for the Environment; the outdoors and people who shape it -– as well as being committed to the Park's purposes, it would be very beneficial if candidates should share a passion for learning and understanding the issues and challenges facing our natural environment, eco-systems and habitats; and recognise the importance of the people who have and will shape it.
• Merit – all selections should be based on merit, with individuals chosen on the basis of their abilities, broad experiences, qualities and commitment in relation to the strategic work of NPAs and with full regard to the NPA member role description (available from the relevant NPA). Adequate consideration should be given to whether the Councillors possess, or can develop, the necessary skills to contribute effectively to good governance of the NPA.
• Equality and Diversity – our National Parks are committed to reflecting a more diverse range of people in their appointments and supporting potential applicants to enable them to come forward. Selection should be fully in line with the principles of equal opportunities and there should be no barriers to increasing the diversity of membership. It is noted there is a history of an imbalance of men compared to women on the NPAs.
• Transparency – the Local Authorities should be prepared to share with key stakeholders information on the selection process followed.
• Close connections to Park communities – in accordance with the legislation the aim should be to give priority in selection to those Councillors who have wards wholly or partly within the relevant National Park boundary. Selection of Councillors with electoral wards some distance away from the Park should be avoided where possible. Account should also be taken of the desirability of achieving equitable representation from across the Park area.
• Providing stability - when selecting Councillors for NPA membership, consideration of whether they are likely to be able to fulfil the position for the electoral term should be made. There is a significant impact on NPAs when replacement members have to be appointed during an electoral term.

5.5 The essential balance between members appointed to represent local interests and those appointed to represent the national interest means that Members of the Authority work together across all relevant subjects, including development planning. Such appointments to the Authority may be made at any time.

5.6 Whilst there is a Chair and Vice Chair of the Authority and of the Planning Committee (elected at the Annual General Meeting), there is no Leader, no Cabinet and there are no Portfolio Holders amongst the Membership.

5.7 Officers of the Authority work with all Members and bring forward proposals and recommendations seeking to represent an appropriate response to local and national interests, framed within the interests of your National Park as a whole, i.e., the two statutory purposes and duty of the NPA and by the requirements of the particular statutory function being undertaken. Without Political leadership, the approach necessitates close oversight by senior management within the Authority, and this is provided through the LDP Steering Group (being a subgroup of Executive Board). Where strategic decisions are necessary, recommendations will first be agreed by Executive Board before being taken to a meeting of the Authority for decision.

5.8 The LDP steering group provides support to the project team and is reported to the Authority's Chairs Committee and other meetings of the Authority's Operating Model (Executive Board, Managers Forum, Planning Management Team, Corporate Services Group) as appropriate.

5.9 At key stages, the Executive Board (or LDP Steering Group) may determine it beneficial to hold a topic-based workshop with Members of the Authority in advance of asking it to make key decisions. Such workshops provide an opportunity to ensure Members are sufficiently prepared to take decisions ethically, understanding the significance of a particular topic in the distinct context of a National Park, and enable senior officers of the Authority to listen to Members' perspectives on the local and national interest in respect of different topics and issues.

5.10 If members and senior management are to be informed appropriately, the approach also demands strong stakeholder and public involvement (as required by the Well-being of Future Generations Act and expressed by our involvement principles set out in table 1).

5.11 Internally, the Policy Officers Group (POG) which is advisory to the Executive Board provides the opportunity to share information and learn from the wide ranges of partnerships, projects and initiatives with which the National Park Authority is involved in place (e.g., Catchment Partnerships). The LDP Steering Group can receive reports from and delegate actions to Policy Officers Group. POG provides an arena of support for those officers working in place with spatial stakeholder groups.

5.12 Yet to be established, the proposed Fforwm y Bannau will become the Stakeholder Reference Panel providing a similar involvement opportunity for key organisations of strategic significance to the National Park, many of whom will also be involved in a wide range of projects across the National Park.

5.13 This governance is set out in figure 3, below:

Figure 3 – Flow diagram showing LDP Decision Governance.
This diagram shows the governance process for the Local Development Plan (LDP). The National Park Authority is the main decision maker, supported by the Members Working Group, Executive Board (EB+), and Policy Officers' Group (POG), all collectively supported by the Steering Group. Below them, Place Teams work with Spatial Partnerships. The Stakeholder Reference Panel provides input to both the POG and the Inspectorate, which also links to the Authority. Arrows indicate communication and reporting flows.

5.14 The Plan's preparation will be managed in accordable with the Authority's risk framework comprising its risk policy, risk management framework and risk appetite statement^[7]. Table 3 below, summarises potential risks to plan preparation and their impact and identifies measures to mitigate that risk for each and a confidence level that the measure would address the risk for each.

Table 2 potential risks to plan preparation and identifies measures to mitigate that risk: