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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 minutes of the meeting of the Cabinet held on 13 December 2022 be approved and signed as a correct record.
RESOLVED- That the Cabinet Forward Work Programme be approved.
RESOLVED- (a) That the planning policy specific findings and recommendations of the Conwy Town Centres First Study (Appendix 1 of the report) be approved. (b) That the Conwy Town Centres First Study, as part of the Replacement Local Development Plan evidence base, be approved and inform future policy drafting. (c) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Conwy Town Centres First Study, following consultation be approved.
RESOLVED- (a) That the Stage 1 Strategic Flood Consequences Assessment be approved for consultation with relevant stakeholders and for submission to the Minister. (b) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Strategic Flood Consequences Assessment, following consultation be approved (c) That the progression of the Strategic Flood Consequences Assessment to Stage 2 to support the Replacement Local Development Plan and Council land-use projects be supported.
RESOLVED- (a) That the key findings and recommendations of the Recreational Space Assessment recognising the implications for potential policy changes and allocations in the Replacement Local Development Plan be noted. (b) That the Conwy Recreational Space Assessment, as part of the Replacement Local Development Plan evidence base, which will inform the Recreational Space policy and land allocations at Deposit Plan stage in 2023, be approved. (c) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Recreational Space Assessment, following consultation be approved. (d) That a review of existing recreational space sites and Council owned lands, which could be used to meet need in shortfall areas be undertaken. This could be through exploring the use of school facilities for public use, changing typologies of existing sites and/or allocating new sites. (e) That it be acknowledged, that the provision of new sites to meet any deficit, other than in connection with new residential developments, can be difficult to deliver due to land ownership, financial viability, future maintenance and community engagement issues.
RESOLVED- (a) That the key findings and recommendations of the Houses in Multiple Occupation (HMO) Study, recognising the implications for policy changes in the Replacement Local Development Plan (RLDP) be approved, subject to: (i) the inclusion of monitoring indicators in the Replacement Local Development Plan specifically for HMOs, to enable the HMO Policy to be reviewed quickly if any unacceptable impacts or an over-concentration have been found; and (ii) the final Policy is brought back to Cabinet ahead of RLDP deposit and that it includes: · a requirement for large HMOs to have a management plan (this should alleviate concerns about absent landlords neglecting properties); and · an upper limit on occupancy numbers is put on the large HMOs (taking into account community and tourism impact). (b) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to Houses in Multiple Occupation Study, following consultation be approved.
RESOLVED- (a) That the current Replacement Local Development Plan (RLDP) Task and Finish Group be closed and the proposed 3 tier governance arrangements be established, with Member and Chair/Vice Chair representation, as detailed in the report (b) That the current Gypsy and Traveller Task and Finish Group be closed and the proposed Gypsy and Traveller Working Group be established with Member and Chair/Vice Chair representation, as detailed in the report.
RESOLVED- That the Digital Strategy and the Cyber Resilience Strategy be adopted.
Apologies for absence were received from Councillor Mike Priestley, Rhun ap Gareth (Chief Executive) and Jenny Williams (Strategic Director – Social Care and Education).
None.
None.
Decision as recorded
RESOLVED- That the minutes of the meeting of the Cabinet held on 13 December 2022 be approved and signed as a correct record.
The minutes of the meeting of the Cabinet held on 13 December 2022 were submitted for approval. RESOLVED- That the minutes of the meeting of the Cabinet held on 13 December 2022 be approved and signed as a correct record.
The Leader announced the passing of Jonathan Morgan, Headteacher at Ysgol y Gogarth. Mr Morgan was an inspirational individual who had made a huge difference to the lives of many children that had attended the school. Members joined the Leader in sending their condolences to his family at this sad time.
Decision as recorded
RESOLVED- That the Cabinet Forward Work Programme be approved.
Members were presented with the Forward Work Programme for the Cabinet. RESOLVED- That the Cabinet Forward Work Programme be approved.
Decision as recorded
RESOLVED- (a) That the planning policy specific findings and recommendations of the Conwy Town Centres First Study (Appendix 1 of the report) be approved. (b) That the Conwy Town Centres First Study, as part of the Replacement Local Development Plan evidence base, be approved and inform future policy drafting. (c) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Conwy Town Centres First Study, following consultation be approved.
The Cabinet Member for Housing and Regulatory presented the Conwy Town Centres First Study for approval. The Study would be used to inform new policy and land designations in the Replacement Local Development Plan (RLDP). This was prompted by the Welsh Government requirement to understand the longer term impacts of Covid 19 on key town centres in the County Borough, and how planning policy could be reviewed and aligned to facilitate the future vibrancy and vitality of Conwy’s town centres. Reference was made to town centres which had been designated as being ‘downgraded’; Members were assured that this was not a demotion of the town centre but would be used to ensure the preservation of the unique characteristics of the area. The Economy and Place Overview and Scrutiny Committee considered the report on 1 December 2022 and supported the recommendations. Further to the above, the Committee had advised that the key to ensuring vibrant town centres was to have a flexible approach. Discussion ensued as follows:- · The Study was vital for securing the future development of town centres. · It was encouraging that smaller shopping centres were self-sustaining and recovering from the impact of the pandemic. · Members agreed that a flexible approach was needed for town centre development and vibrancy. RESOLVED- (a) That the planning policy specific findings and recommendations of the Conwy Town Centres First Study (Appendix 1 of the report) be approved. (b) That the Conwy Town Centres First Study, as part of the Replacement Local Development Plan evidence base, be approved and inform future policy drafting. (c) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Conwy Town Centres First Study, following consultation be approved.
Decision as recorded
RESOLVED- (a) That the Stage 1 Strategic Flood Consequences Assessment be approved for consultation with relevant stakeholders and for submission to the Minister. (b) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Strategic Flood Consequences Assessment, following consultation be approved (c) That the progression of the Strategic Flood Consequences Assessment to Stage 2 to support the Replacement Local Development Plan and Council land-use projects be supported.
The Cabinet Member for Housing and Regulatory presented the Strategic Flood Consequences Assessment (SFCA) for approval. Technical Advice Note (TAN) 15, which was a planning policy document published by Welsh Government (WG) set out the national planning policy with regards to flooding and flood risk. The version presently in use was published in July 2004. In September 2021, a new edition of TAN15 was published in draft, reflecting a more up-to-date understanding of flooding in relation to climate change. The new draft TAN15 was published alongside a new Flood Map for Planning (FMfP), both of which were due to come into force on 1 December 2021, but had now been delayed until June 2023 to give Local Authorities more time to consider the impact of climate change and the revised TAN on their administrative areas. WG had also instructed that all Local Authorities produced an up-to-date SFCA. The Economy and Place Overview and Scrutiny Committee considered the report on 1 December 2022 and supported the recommendations. Members congratulated the Strategic Planning Policy Team on the production of the SFCA. RESOLVED- (a) That the Stage 1 Strategic Flood Consequences Assessment be approved for consultation with relevant stakeholders and for submission to the Minister. (b) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Strategic Flood Consequences Assessment, following consultation be approved (c) That the progression of the Strategic Flood Consequences Assessment to Stage 2 to support the Replacement Local Development Plan and Council land-use projects be supported.
Decision as recorded
RESOLVED- (a) That the key findings and recommendations of the Recreational Space Assessment recognising the implications for potential policy changes and allocations in the Replacement Local Development Plan be noted. (b) That the Conwy Recreational Space Assessment, as part of the Replacement Local Development Plan evidence base, which will inform the Recreational Space policy and land allocations at Deposit Plan stage in 2023, be approved. (c) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Recreational Space Assessment, following consultation be approved. (d) That a review of existing recreational space sites and Council owned lands, which could be used to meet need in shortfall areas be undertaken. This could be through exploring the use of school facilities for public use, changing typologies of existing sites and/or allocating new sites. (e) That it be acknowledged, that the provision of new sites to meet any deficit, other than in connection with new residential developments, can be difficult to deliver due to land ownership, financial viability, future maintenance and community engagement issues.
The Cabinet Member for Housing and Regulatory presented the Recreational Space Assessment (RSA) for approval. Planning Policy Wales (PPW) and Technical Advice Note (TAN) 16: ‘Sport, Recreation and Open Space’ required local planning authorities to provide a framework for well-located sport, recreation and leisure facilities which should be sensitive to the needs of users, attractive, well designed, well maintained, safe and accessible to all. PPW also referred to the need for the planning system to ensure that adequate land and water resources were allocated for formal and informal sport and recreation. The Economy and Place Overview and Scrutiny Committee considered the report on 1 December 2022 and supported the recommendations. Discussion ensued as follows:- · In relation to coastal areas, land above the low waterline could be considered to be recreational space if it had public access. However, it was noted that beaches were outside of the definitions used in the assessment. · The lack of recreational space in the Penrhyn Bay area was queried as the Golf Course and Little Orme had been omitted, but the Bowling Green, which did not have public access, had been included. The Strategic Planning Policy Manager advised that he would review the RSA for the area and advised that minor changes could be made to the policy before adoption as part of the Replacement Local Development Plan (RLDP). · In areas where there was a deficiency of open space and there were applications for housing development, the RSA would provide the opportunity to review the open space requirement for strategic allocations. This would be coupled with the need to attain a net zero climate change target for each area. Using both policies would robustly challenge any viability factors put forward by developers. · With regard to the areas of the County Borough covered by the Snowdonia National Park Authority (SNPA), Members were advised that the Council worked closely with the SNPA to ensure that policies were similar, especially in shared settlements. · Amenity Green Spaces were areas, such as grass verges, which were maintained by the Council but, potentially, could not be played on. · With regard to the undersupply of outdoor sport areas, it was noted that there was an undersupply across Wales. The recommendation provided an opportunity to review the oversupply of other types, with a view to meeting the shortfall in outdoor sports. RESOLVED- (a) That the key findings and recommendations of the Recreational Space Assessment recognising the implications for potential policy changes and allocations in the Replacement Local Development Plan be noted. (b) That the Conwy Recreational Space Assessment, as part of the Replacement Local Development Plan evidence base, which will inform the Recreational Space policy and land allocations at Deposit Plan stage in 2023, be approved. (c) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to the Recreational Space Assessment, following consultation be approved. (d) That a review of existing recreational space sites and Council owned lands, which could be used to meet need in shortfall areas be undertaken. This could be through exploring the use of school facilities for public use, changing typologies of existing sites and/or allocating new sites. (e) That it be acknowledged, that the provision of new sites to meet any deficit, other than in connection with new residential developments, can be difficult to deliver due to land ownership, financial viability, future maintenance and community engagement issues.
Decision as recorded
RESOLVED- (a) That the key findings and recommendations of the Houses in Multiple Occupation (HMO) Study, recognising the implications for policy changes in the Replacement Local Development Plan (RLDP) be approved, subject to: (i) the inclusion of monitoring indicators in the Replacement Local Development Plan specifically for HMOs, to enable the HMO Policy to be reviewed quickly if any unacceptable impacts or an over-concentration have been found; and (ii) the final Policy is brought back to Cabinet ahead of RLDP deposit and that it includes: · a requirement for large HMOs to have a management plan (this should alleviate concerns about absent landlords neglecting properties); and · an upper limit on occupancy numbers is put on the large HMOs (taking into account community and tourism impact). (b) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to Houses in Multiple Occupation Study, following consultation be approved.
The Cabinet Member for Housing and Regulatory advised Members that the Strategic Planning Policy Team had been undertaking a study of Houses in Multiple Occupation (HMO) to inform the Replacement Local Development Plan (RLDP). The current adopted LDP approach was to resist all applications for HMOs, however, applications that were refused by the Council had then been allowed at appeal by an independent Planning Inspector. The current approach, therefore, needed a full review to ensure that the RLDP had a sound policy, which gave the Council, applicants and the public certainty when applications for new HMOs were submitted. The HMO study provided a suggested policy approach for further consideration for inclusion in the RLDP. HMOs could only be permitted where: · it would not lead to an over-concentration of HMOs in a small area; · a residential dwelling would not be ‘sandwiched’ between two adjoining HMO properties, unless evidence is provided that this is the only viable option for the proposed property; · appropriate amenity space, internal room sizes, bin storage, parking and/or cycling provision be provided; and · there would be no unacceptable adverse impacts, such as noise, overlooking or general disturbance. The Cabinet Member added to the above as follows:- · The planning system was able to control the HMOs that were defined in Section 254 of the Housing Act 2004, as follows: - Small HMOs: included shared houses or flats occupied by between three and six unrelated individuals who share basic amenities. - Large HMOs: Properties containing six or more people that share basic amenities. · Times had changed and with the cost of living crisis, there was a need for accommodation at the lower end of the market rental sector. · HOU10 had been used previously to manage HMOs, however, this current policy was not fit for purpose as applications for HMOs had won on appeal. · On paper, the HMO Study did look less restrictive, however, its implementation would provide more powers to manage HMOs and ensure their quality. · Holiday Accommodation Zones would take priority over HMOs. The Economy and Place Overview and Scrutiny Committee considered the report on 1 December 2022 and supported recommendations 2.2 and 2.4, but did not approve the study as requested in recommendation 2.3, with the following proposed:- That the Economy and Place Overview and Scrutiny Committee do not support the study/evidence at this current stage and request that Cabinet take on board the concerns raised by the Committee and consider amending the policy approach accordingly. In relation to the above, the Cabinet Member acknowledged the concerns raised by the Committee and stressed that the current policy could not be implemented effectively, as the decisions of the Planning Committee to refuse HMO applications were being overturned at appeal. Taking into account the concerns raised by the Committee, the Cabinet Member for Housing and Regulatory proposed the following amendment to recommendation 2.3:- That the key findings and recommendations of the Houses in Multiple Occupation (HMO) Study, recognising the implications for policy changes in the Replacement Local Development Plan (RLDP) be approved, subject to: (i) the inclusion of monitoring indicators in the Replacement Local Development Plan specifically for HMOs, to enable the HMO Policy to be reviewed quickly if any unacceptable impacts or an over-concentration have been found; and (ii) the final Policy is brought back to Cabinet ahead of RLDP deposit and that it included: · a requirement for large HMOs to have a management plan (this should alleviate concerns about absent landlords neglecting properties); and · an upper limit on occupancy numbers is put on the large HMOs (taking into account community and tourism impact), Discussion ensued as follows:- · The Holiday Accommodation Zone (HAZ) Policy would be presented to democracy in March 2023 and would take precedent over applications for HMOs in areas that had been designated as a HAZ. · It was agreed that the upper limit would be reviewed further, especially in relation to the radius restrictions of HMOs that were close to holiday accommodation. · Management Plans for HMOs would be discussed further with colleagues from Licensing. · A workshop had been held with Registered Social Landlords looking at affordable housing options, with RSLs agreeing that shared accommodation was needed as a way forward to provide lower market rent options. · Reference was made to the planning recommendations outlined in the HMO Study, which placed restrictions on the number of HMOs in any area in order to avoid saturation. These were outlined in paragraphs 3.9 to 3.11 in the report. · It was noted that since 2012, 4 planning applications had been received for an HMO, 2 had been refused by the Planning Committee but had been approved at appeal by the Planning Inspector. Based on the outcome of those 2 previous applications, the Planning Committee then granted a further 2 HMO applications. · Further to the above, one of the main reasons for the review was to provide a specific need in the rental sector for the younger population and to ensure that supply was controlled and managed. · In relation to consultation, workshops had been held with landlords, housing officers, enforcement officers and licensing officers, with further engagement planned to inform housing strategies. · It was suggested that direct stakeholder engagement should be undertaken with young people in relation to their wants and needs for entry level market rents. · Socially, economic changes were driving the need for shared accommodation and engagement with communities and supportive agencies was vital to ensure that good models of practice were adopted. It also provided an opportunity to change the perception of those individuals that required HMO accommodation. RESOLVED- (a) That the key findings and recommendations of the Houses in Multiple Occupation (HMO) Study, recognising the implications for policy changes in the Replacement Local Development Plan (RLDP) be approved, subject to: (i) the inclusion of monitoring indicators in the Replacement Local Development Plan specifically for HMOs, to enable the HMO Policy to be reviewed quickly if any unacceptable impacts or an over-concentration have been found; and (ii) the final Policy is brought back to Cabinet ahead of RLDP deposit and that it includes: · a requirement for large HMOs to have a management plan (this should alleviate concerns about absent landlords neglecting properties); and · an upper limit on occupancy numbers is put on the large HMOs (taking into account community and tourism impact). (b) That delegated authority for the Head of Regulatory and Housing Services to make minor changes to Houses in Multiple Occupation Study, following consultation be approved.
Decision as recorded
RESOLVED- (a) That the current Replacement Local Development Plan (RLDP) Task and Finish Group be closed and the proposed 3 tier governance arrangements be established, with Member and Chair/Vice Chair representation, as detailed in the report (b) That the current Gypsy and Traveller Task and Finish Group be closed and the proposed Gypsy and Traveller Working Group be established with Member and Chair/Vice Chair representation, as detailed in the report.
The Cabinet Member for Housing and Regulatory advised Members that the Replacement Local Development Plan (RLDP) and Gypsy and Traveller projects were currently being progressed via Task and Finish Groups (T&FG). As a result of Welsh Government advice, and related progression of both the RLDP programme and Gypsy and Traveller project, it was considered opportunistic to close both T&FGs and establish improved governance arrangements. The proposals were deemed more beneficial, in that they put in place strong project management, quality assurance and stakeholder transparency. The governance arrangements proposed were presented and supported by the Economy and Place Overview and Scrutiny Committee on 16 November 2022. Due to T&FG proposals being specific to Economy and Place Overview and Scrutiny Committee, the report had been prepared for Cabinet consideration and approval. Discussion ensued as follows:- · The Welsh Government’s Anti-Racist Wales Action Plan should be rigorously applied in terms of the Gypsy and Traveller Working Group, with robust governance arrangements in place. · It was noted that Rebecca Hutt MS, Minister for Social Justice, had agreed that there was no requirement for a transient gypsy and traveller site in Conwy County Borough. · The Monitoring Officer advised a Member that the reference to a complaint of racism being upheld was incorrect and he would address this issue with the Member directly.. · Members were advised that many of the Working Groups were already established and had been meeting. It was envisaged that the next step would be to deliver the Replacement Local Development Plan (RLDP) to deposit stage in the summer 2023, with the RLDP being presented for full adoption early 2024. RESOLVED- (a) That the current Replacement Local Development Plan (RLDP) Task and Finish Group be closed and the proposed 3 tier governance arrangements be established, with Member and Chair/Vice Chair representation, as detailed in the report (b) That the current Gypsy and Traveller Task and Finish Group be closed and the proposed Gypsy and Traveller Working Group be established with Member and Chair/Vice Chair representation, as detailed in the report.
Decision as recorded
RESOLVED- That the Digital Strategy and the Cyber Resilience Strategy be adopted.
The Cabinet Member for Culture and Leisure presented the Digital Strategy 2022-2027 and Cyber Resilience Strategy 2022-2027 for approval. The Digital Strategy had been developed to support the actions and objectives of the Council’s Corporate Plan 2022-2027, together with any additional externally set obligations. It set out how technology could be exploited to further digitise the Council’s services and influence digital developments for citizens, visitors, businesses, Council officers and partners. Clarification was provided on footfall monitoring, which was not linked to the Council’s free wi-fi but the Welsh Government’s Smart Towns Scheme, which collated information on footfall in order to provide relevant data when reviewing planning needs. Members were assured that the Scheme did not collect personal information. The accompanying Cyber Resilience Strategy had been developed to complement the Digital Strategy, setting out the Council’s approach to the growing and increasing complexity threats of cyber related attacks or incidents. By developing the Cyber Resilience Strategy, the Council also met one of the recommendations of the Wales Audit 2021 public sector organisation cyber resilience review. The Finance and Resources Overview and Scrutiny Committee considered the report on 5 December 2022 and supported the recommendations. Members welcomed the report as it provided assurance that Members and communities stayed safe online. RESOLVED- That the Digital Strategy and the Cyber Resilience Strategy be adopted.
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.
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