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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED: That the content of the Section 106 Monitoring Report and available balances spreadsheet be noted. RECOMMENDED TO COUNCIL: That the Draft Section 106 Protocol be amended to require details of available Section 106 balances to be published quarterly.
It was proposed and seconded that Councillor Cathy Augustine be elected as Vice-Chair of the Economy and Place Overview and Scrutiny Committee for 2023/2024. RESOLVED: That Councillor Cathy Augustine be elected as Vice-Chair of the Economy and Place Overview and Scrutiny Committee for 2023/2024.
Apologies for absence were received from Councillors Mandy Hawkins, Gail Jones and Geoff Stewart (Cabinet Member for Environment, Roads and Facilities – Neighbourhood and the Environment.)
Councillor Jo Nuttall, who was not a Member of the Committee, declared a personal interest in agenda item 6(i) - Proposed Dog Control Public Space Protection Order (PSPO) 2023 as she ran a dog walking business, but did not use the beach for business use. As the interest was not considered prejudicial, Councillor Nuttall remained in the meeting and took part in the debate.
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Members were presented with a report on proposals to extend and vary the current Dog Control Public Space Protection Order (PSPO) 2020, which was due to expire on 21 October, 2023. A member of the public, Mr Haggas, spoke against proposals to ban dogs from Colwyn Bay beach and made reference to the following: • Whilst almost 8,000 fines had been issued for littering over ten years, there was very little evidence suggesting a persistent dog fouling problem. • Keep Wales Tidy stated that dog fouling was falling year on year and was less of a problem than that of food packaging and wet wipes. • A recent petition had received some 6,000 names in relation to the PSPO 2023. • Walking a dog had health benefits and reduced loneliness, which was a Welsh Government (WG) initiative. • A beach partnership / shared space with some seasonal restrictions was needed as opposed to a dog ban. A fair compromise on restrictions (option 5 within the Committee report) “Consider the options put forward as potential alternatives to a permanent dog exclusion for the area of beach between Porth Eirias Colwyn Bay and the small sandy beach at Rhos on Sea (Appendix 3) and decide there should be no controls and do not authorise Officers to further publically consult accordingly” was considered a way forward, with restrictions applied between 9am – 6pm during peak summer season. • There should be no dogs on lead restrictions and fines only for fouling. • The need for suitable signage on every beach access point with good control guidance was considered necessary. • 36% of Welsh households owned a dog, therefore it was important not to discriminate. • WG guidance for dog welfare stated that dogs needed to run, be social and protected from suffering. Access to the beach for dogs, off a lead, would assist with ensuring the dog’s mental and emotional wellbeing. • The need to promote equality, ensure the wellbeing and support a dog friendly economy, in conjunction with the Council’s Well-being Plan. A balanced seasonal compromise would also support Conwy’s Net Zero Programme, as it would result in people not having to drive to alternative areas in order to walk their dogs. • In 5 years dog fouling complaints had reduced by almost 300%. Only 2 fines were issued last year. In addition, North Wales Police had recorded one dog related complaint on the beach, which involved two dogs. The Chair thanked Mr Haggas for his attendance. The Leader of the Council, together with the Public Protection Manager and Senior Environmental Health Officer then highlighted the proposals within the report to extend the current Dog Control Public Spaces Protection Order and the options for potential alternatives to a permanent dog exclusion for the area of beach between Porth Eirias, Colwyn Bay and the small sandy beach at Rhos on Sea, detailed in Appendix 3 of the report. In scrutinising the report and taking into account the results of the public consultation, the following was noted: • The public concern was acknowledged and the need for a compromise highlighted. • Some Members felt that a more balanced proposal in the first instance, would have saved a lot of animosity. • Officers confirmed that the consultation response from Llandudno Town Council had been received, however, further justification would be required as to any proposals they may have. It was noted that, at any point before expiry of a PSPO, the Council could extend it by up to three years or vary it, as considered necessary, to prevent the original behaviour (for which it was introduced) from occurring or recurring, however necessary legal procedures and appropriate consultation would need to be followed. • Reference was made to the benefits of dog walking, both mentally and physically, together with the economic benefits. • Whilst recommendation 2.2 of the report proposed further public consultation on the area of beach between Porth Eirias and the small sandy beach at Rhos on Sea, it was suggested by Members that consultation should take place on the whole of Colwyn Bay beach. • It was clarified that a wider consultation was possible, however, the current restrictions would remain in place for the area of beach between the low water mark and promenade wall, between the most seaward point of Porth Eirias promontory and eastern side of Colwyn Bay pier line, until any further consultation, which Members may agree had concluded and any decisions made. In the meantime, the area of beach between Porth Eirias and the small sandy beach would remain accessible to dogs, as that area had been already excluded from the proposed Dog Control PSPO 2023. • The need to review and update signage on Colwyn Bay beach was highlighted. The signage currently stated access was seasonal, however the Dog Control PSPO 2020 and 2023 stated correctly that dogs were excluded all year round for that area. • The need for more targeted enforcement going forward, if the Dog Control PSPO 2023 was to be effective. The Leader advised that enforcement, such as CCTV re-deployment, signage and patrolling was costly, however gathering intelligence, education and prevention was feasible. • In terms of dogs on leads, officers reiterated guidance and requirements contained in the Highway Code and the Countryside and Rights of Way Act 2000. The Chair extended his thanks to the public speaker Mr Haggas and those members of the public who attended the meeting, together with all those who had responded to the consultation. RECOMMENDED TO CABINET: (a) That the extended and varied proposed Dog Control PSPO 2023 as at Appendix 2 of the report, which excludes the area of beach between Porth Eirias Colwyn Bay and the small sandy beach at Rhos on Sea from the proposed order, as consulted upon be agreed. (b) That a further consultation be undertaken on the options for potential alternatives to a permanent dog exclusion for the whole area of Colwyn Bay beach. . Councillor Jo Nuttall, who was not a Member of the Committee, declared a personal interest in the above item as she ran a dog walking business, but did not use the beach for business use. As the interest was not considered prejudicial, Councillor Nuttall remained in the meeting and took part in the debate.
Decision as recorded
RESOLVED: That the content of the Section 106 Monitoring Report and available balances spreadsheet be noted. RECOMMENDED TO COUNCIL: That the Draft Section 106 Protocol be amended to require details of available Section 106 balances to be published quarterly.
The Cabinet Member for Democracy and Governance, who also has temporary responsibility for Planning and Strategic Planning, together with the Planning Obligations Officer presented a report seeking support for publication of the Section 106 (S106) Monitoring Report and available balances. The Cabinet Member requested that Members considered revising the recommendation in the report, to ensure that the S106 Spending Protocol, which was being presented to Council on 19 October, 2023, reflected the need for a detailed breakdown of the S106 balances being published quarterly. In scrutinising the report, the following was noted: · In relation to the available balances, officers confirmed that no unspent S106 money was at risk of being returned to developers during 2023/2024. · The available S106 balances detailed in the report consisted of S106 money that had been received from developers and was being held by the Council. · Some commuted sum requirements were calculated in accordance with relevant Supplementary Planning Guidance (SPG), whereas others (e.g. Highways) were based on site-specific assessment of impact of the development. · That available S106 money was restricted to use in certain locations or specific projects, as detailed in the S106 Agreement. RESOLVED: That the content of the Section 106 Monitoring Report and available balances spreadsheet be noted. RECOMMENDED TO COUNCIL: That the Draft Section 106 Protocol be amended to require details of available Section 106 balances to be published quarterly.
Councillors must say when they have a personal link to something being discussed, such as a job, a property or a family member. A prejudicial interest is one strong enough that the councillor usually leaves the room and takes no part.
Declarations are read from the minutes once they are published.
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