Appendix 2

Setting the Scene – National Policy Priorities, Statutory and Legislative Frameworks

Programme for Government 2021-2026

The Welsh Government Programme for Government update (opens in a new tab) is a document that outlines the key commitments and priorities of the Welsh Government for the next five years. First published in June 2021 it was updated in December 2021 to reflect the Co-operation Agreement reached with Plaid Cymru

The update covers four main areas of focus: health and social care, education and skills, economy and environment, and communities and culture. It sets out how the Welsh Government intends to build a stronger, greener, fairer Wales for everyone, in line with its well-being objectives and the Sustainable Development Goals.

Some of the notable commitments in the update include:

Building more affordable homes, tackling homelessness and strengthening Welsh language and culture
The update also emphasizes the need for co-operation and integration across all areas of government and society, as well as the challenges and opportunities posed by the pandemic, Brexit, climate change and digital transformation

The Housing (Wales) Act 2014

The Housing (Wales) Act 2014 set out legislation for the purpose of improving the supply, quality and standards of housing in Wales. It includes:-

Regulation of private rented housing, requiring all landlords and letting agents to register and obtain a licence from a designated licensing authority and to comply with a Code of Practice.
Placing a duty on local authorities to review homelessness in their area and to develop a strategy to prevent homelessness.
Reform of the law on homelessness, introducing a new duty on local housing authorities to prevent and relieve homelessness for anyone who is eligible and threatened with or experiencing homelessness, and allowing them to discharge their duty through suitable accommodation in the private rented sector.
Provision of sites for gypsies and travellers, which requires local housing authorities to undertake Gypsy and Traveller Accommodation Assessments and provide sites where a need has been identified. The Act also gives Welsh Ministers the power to compel them to do so if they fail.
Standards for local authority tenants, which set a deadline for local housing authorities that have retained their stock to ensure that all existing properties meet and maintain the Welsh Housing Quality Standard.

The Renting Homes (Wales) Act 2016

This is a significant piece of housing legislation affecting the way all landlords in Wales manage their properties. The Act addresses key matters associated with renting, management, and occupation of rented homes in Wales and impacts not only on private landlords but also on Registered Social Landlords and local authority landlords including Pembrokeshire County Council as landlord of 5,700 Council-owned homes.

The Renting Homes (Amendment) (Wales) Act 2021

The Act amends the Renting Homes (Wales) Act 2016, which will change the way landlords and tenants rent their properties in Wales from 1 December 2022. The main provisions of the Act include:

Increasing the minimum notice period for a ‘no fault’ eviction from two to six months under a periodic standard contract or a landlord’s break clause under a fixed term standard contract
Restricting the use of a landlord’s notice or a landlord’s break clause in certain circumstances, such as breaches of statutory obligations, retaliatory possession claims or withdrawal of previous notices

Housing Act 2004

The Act introduced a number of provisions relating to the responsibilities of local authorities in addressing housing conditions in their area and introduced certain powers to assist in the improvement and maintenance of standards including:-

A provision requiring local authorities to keep housing conditions in their area under review with a view to identifying any action that may need to be taken.
Housing Health and Safety Rating System (HHSRS), which replaced the old fitness standard for housing conditions with a risk-based assessment. Councils can take a range of enforcement actions to tackle identified issues.
Licensing of houses in multiple occupation (HMOs), which requires certain HMOs to be licensed by local authorities and seeks to ensure that HMO’s meet minimum standards of management, safety and amenities.

Welsh Government's Strategy for Ending Homelessness 2018 and Ending Homelessness in Wales: A high level action plan 2021-2026

Welsh Government's Ending Homelessness Strategy sets out key principles that underpin its approach to homelessness prevention. The plan required all local authorities in Wales to develop and submit a Rapid Rehousing Transition Plan (RRTP) by September 2022 and deliver on this plan as part of its Housing Support Programme Strategies.

National policies with relevance to Housing renewal policies include:

National Housing Strategy ‘Improving Lives and Communities – Homes In Wales

Climate change strategy for Wales 2010

UK and Wales carbon reduction targets.

Public Health Wales Strategic Plan 2017-2020

The Strategy for Older People in Wales 2013-2023

Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015

This Act aims to improve the public sector response in Wales to abuse and violence through improving arrangements to promote the awareness of and also prevent, protect and support victims of gender–based violence, domestic abuse and sexual violence. Victims of such abuse and violence are a significant client group for housing services in Pembrokeshire and one of the main causes of homelessness. The Act emphasises the focus on prevention and partnership approaches to working with VWDASV.

The Social Services and Well-being (Wales) Act 2014

The Act supports people who have care and support needs (and their carers) to achieve improved wellbeing outcomes. People have a say in the support they receive and services are delivered in partnership or through co-operation across service areas to prevent escalating need. The Act recognises the need for increased comprehensive early intervention and intensive support services. There is a duty for local authorities to maintain and enhance the wellbeing of people in areas such as education, training and recreation, social and economic wellbeing and physical, mental health and emotional wellbeing.

The Welsh Government Housing Support Grant (HSG)

HSG came in to force in April 2020. Replacing the previous Supporting People Programme the HSG brings together three existing grants; Supporting People Programme, Homelessness Prevention Grant and Rent Smart Wales Enforcement. The grant is designed to fund services which support vulnerable people with sometimes complex needs to remain living independently as well as supporting a wide range of early intervention services designed to prevent homelessness.

The Welsh Government’s Enabling Gypsies, Roma and Travellers (June 2018) This replaces ‘Travelling to a Better Future 2014 and sets out the Welsh Government’s vision for the inclusion of these communities in Welsh society.

Enabling Gypsies, Roma and Travellers

Includes a commitment from the Welsh Government to work with Local Authorities to deliver new Gypsy and Traveller sites. The assessment of Gypsy and Traveller accommodation needs, and the duty to make provision for sites where the assessment identifies need, became statutory requirements under the Housing (Wales) Act 2014, whilst the Welsh Government’s Site Capital Grant will help provide investment in Council sites.

Gypsy and Travellers Accommodation Assessments

Published by the Welsh Government under s.106 of the 2014 Act to assist Local Authorities to produce a robust assessment of Gypsy and Travellers accommodation needs in their area. This GTAA has been produced in accordance with the guidance. A new GTAA must be undertaken at least every 5 years. This GTAA will update the findings of the GTAA 2015, and is being undertaken in 2019 to provide a robust evidence base for the Local Development Plan review.

The Environment (Wales) Act 2016 and Home Energy Conservation Act 1995

The Environment (Wales) Act 2016 builds on the Home Energy Conservation Act 1995 which required local authorities to report on their progress in improving the energy efficiency of residential accommodation in their areas and to identify further measures that could be taken. It places a duty on the Government to reduce carbon emissions, set to be at least 80% by 2050 although Welsh Government has outlined it’s ambition for a net zero Wales by 2050.

Re-imagining social building in Wales Modern Methods of Construction Strategy for Social Housing, February 2020

The strategy is aimed at Registered Social Landlords and Local Authority Landlords in Wales and encourages them to use Modern Methods of Construction (MMC) to build better, faster and greener homes. The strategy is an important aspect of the Welsh Government’s commitment to invest in building social housing for rent and sets out the quality standards expected for homes that receive public subsidy and introduces new technical scrutiny to monitor design, performance and value for money. The strategy also supports the development of MMC solutions, preferring that supply chains and associated skills are developed in Wales.

Welsh Housing Quality Standards

The Welsh Housing Quality Standard (opens in a new tab) is a standard of housing quality set by the Welsh Government in 2002. It aims to ensure that all social housing dwellings are of good quality and suitable for the needs of existing and future residents. The WHQ standard covers seven categories: in a good state of repair, safe and secure, adequately heated, fuel efficient and well insulated, contain up-to-date kitchens and bathrooms, well managed, located in attractive and safe environments. The deadline set for social housing to achieve the WHQS was the end of December 2020.

Housing Grants, Construction and Regeneration Act 1996

The Act sets out provisions for the award of mandatory Disabled Facilities Grants to provide disabled adaptations in people’s homes.

The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002

The Regulatory Reform (Housing Assistance Order 2002 (opens in a new tab) Order enables local authorities to establish their own priorities and policies for the purpose of assisting households to maintain and adapt their homes to ensure they are safe to live in. Main provisions include:-

Replacing the mandatory system of renovation grants, home repair assistance grants and common parts grants with a discretionary power for local housing authorities to provide any form of assistance they consider appropriate for any purpose related to the repair or improvement of living accommodation.
Amending the existing power of local housing authorities to advance money for home improvements by extending it to cover houseboats and park homes, and by removing some restrictions on the terms and conditions of such advances
The Order aims to enable local housing authorities to adopt a more strategic and flexible approach to improving housing conditions in their areas, and to target their resources more effectively according to local needs and priorities.

Housing Support Programme Strategy

Welsh Government requires all Local Authorities to develop a Housing Support Programme (HSP) Strategy every four years. The document sets out the strategic direction of the Local Authority for housing related support services funded through Housing Support Grant and provides a single strategic approach to homelessness prevention and housing support services.

Housing Revenue Account (HRA) Business Plan

The HRA Business Plan is a 30 year asset management plan produced by local authorities which retain their own housing stock. Local authorities are required to have a 30 year Housing Revenue Account (HRA) Business Plan in accordance with sections 87 and 88 of the Local Government Act 2003. Welsh Government requires HRA Business Plans to be updated annually and submitted to them in conjunction with the application for the Major Repairs Allowance (MRA) grant. Pembrokeshire County Council retains a housing stock of circa 5,700 homes and is therefore required to produce and update an HRA Business Plan.

The Housing Revenue Account operates within a defined regulatory and legislative framework that has been developed and refined over a number of years and is supported by guidance relating to the management of council homes and the administration of the HRA. Importantly, there are established principles as to ‘Core’ and ‘Non-core’ services that define what costs can, and cannot, be charged to the HRA. Furthermore, Welsh Government has set a number of Key Operating Principles for the HRA within which it expects Local Housing Authorities to operate.

The Equality Act 2010

This Act provides protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic and the protection applies to the provision of services and public functions. In 2020 a new Socio–Economic Duty was introduced requiring public bodies, when making strategic decisions such as deciding priorities and setting objectives, to consider how they might help reduce inequalities associated with socio–economic disadvantage.

The Council Tax (Long‑term Empty Dwellings and Dwellings Occupied Periodically) (Wales) Regulations 2022

The 2022 Regulations amended sections 12A and 12B of the 1992 Act increasing the higher amount of council tax a billing authority (a county council or county borough council) in Wales can apply to long-term empty dwellings and dwellings occupied periodically to 300% for the 2023 to 2024 financial year and for subsequent years

The Housing Strategy is therefore framed within the context of a complex, dynamic and comprehensive framework of national legislation, strategy and policy. This broad framework provides for both mandatory and discretionary policy approaches at a local level together with requirements to meet nationally-set targets associated with key policy priorities set by national government. As a result, alongside the overarching Housing Strategy for Pembrokeshire, there remains an associated requirement for Pembrokeshire to develop individual strategies and plans to address specific housing policy areas ranging from Homelessness Prevention to the HRA Business Plan, both in terms of complying with statutory obligations but also in securing critical funding from National Government. These detailed plans often require regular review not only to respond to changes in local circumstances but also in adapting to the ever-developing national policy environment.

Similarly, in providing the strategic overview of Pembrokeshire’s Housing situation, this Housing Strategy is set out over a 5 year period to allow for the changing legislative and policy environment with the expectation of an annual review of progress against the Action Plan.

Regional Plans and Partnerships

The wider planning context – regional and collaborative working

The Corporate Strategy sits within the context of a broader set of plans that of importance in the context of the Housing Strategy. In particular they are of relevant for place shaping, and policy areas such as economic development, transport and land use where we need to collaborate with other local authorities. The South West Wales area is the default footprint for achieving this. The Wales-wide plan Future Wales – The National Plan 2040 (which is at the top of the hierarchy of plans used for land-use planning) contains a regional strategic diagram that sets out the key opportunities for the South West Wales region.

The South West Wales Corporate Joint Committee (SWWCJC) exists to simplify and improve regional planning and collaboration across Pembrokeshire, Carmarthenshire, Neath Port Talbot and Swansea. Pembrokeshire County Council forms part of its membership. It has recently agreed its Corporate Plan.

The SWWCJC is required to produce a range of other plans as outlined below:

To collaboratively deliver the Regional Economic Delivery Plan and Regional Energy Strategy thereby improving the (decarbonised) economic well-being of South West Wales for our future generations.
To produce a Regional Transport Plan for South West Wales that is founded on collaboration and enables the delivery of a transport system which is good for our future generations of people and communities, good for our environment and good for our economy and places. This plan replaces local transport plans and will be reviewed annually with a comprehensive review around 2028.
To produce a sound, deliverable, co-ordinated and locally distinctive Strategic Development Plan for South West Wales, which clearly sets out the scale and location of future growth for future generations. Once agreed, this plan will sit between Wales-wide national planning frameworks and County Council/National Park Local Development Plans. Its approval process will mirror that of Local Development Plans and it is anticipated that it will be adopted by 2030.

As well as the SWWCJC, other regional bodies influence how we collaborate with neighbouring authorities. These bodies can use slightly different regional footprints.

Covering the same geographic area as Hywel Dda University Health Board, the West Wales Regional Partnership Board oversees the continued integration of health and social care; and brings together partners from local government, the NHS, third and independent sectors with service users and carers. Its aim is to transform care and support services in West Wales with the region covering the area of Hywel Dda University Health Board and includes the local authority areas of Carmarthenshire, Ceredigion and Pembrokeshire. It has recently published the West Wales Capital Strategy which present a 10-year view of our capital investment needs in the region. It is within this framework that funding under the Housing with Care Fund (HCF) and the Integration and Rebalancing Care Fund (IRCF) to develop housing with support and integrated community health and care hubs sits.