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Apologies for absence were received from Councillors Cathy Augustine, Keith Eeles, Ross Griffiths-Williams, Austin Roberts, Nigel Smith (Chair) and Emily Owens (Cabinet Member for Housing and Regulatory and Deputy Leader).
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The Strategic Planning Policy Manager, together with representatives from Lichfields Consultants, presented Members with a report, which provided evidence and policy recommendations in respect of the Conwy County Borough (CCB) Replacement Local Development Plan (RLDP) policy on houses in multiple occupation (HMOs). The starting point for the review had been the existing Local Development Plan (LDP) Policy HOU/10, which had adopted a very restrictive approach to the provision of shared HMOs. Whilst there were clear historical reasons for the implementation of the policy, and it was evident that it had played a role in overcoming some of the most severe problems associated with HMOs, it had become increasingly difficult to implement, as demonstrated by the refusal of planning permission for HMO units at appeal. Wider changes in circumstances relating to planning legislation, the increasing unaffordability of housing and the role of HMOs as part of a balanced housing solution meant that a more balanced approach was now required. There was no suggestion that HMOs should not be subject to any policy control, but there needed to be a basis by which high quality HMO proposals, in suitable locations, might be able to come forward to meet needs. A number of policy changes had taken place since the Conwy LDP was adopted, which directly impacted on the continued applicability of Policy HOU/10 and its effectiveness. The key changes included: · The Planning (Wales) Act 2015 defined a new planning use class (small HMOs) in March 2017. Planning permission was now required, if an owner proposed a change in planning use from a dwelling to a small HMO. · The Housing (Wales) Act 2014 introduced mandatory registration and licensing of all landlords and/or managing agents creating a new layer of professional codes of practice and enforcement in the management of HMOs. · Further fire safety regulations and community safety legislation had been introduced to tackle anti-social behaviour, pollution, and other social challenges perceived to be associated with HMOs and high density living. The HMO study also included a review of the following: · General evidence base, to include, population, household composition and occupancy, housing stock, house prices and affordability, deprivation and the need for HMOs. · Current HMO provision in Conwy County Borough, HMO licences, planning application history, and the implications. · Planning policy approaches in other areas. · National planning policy and guidance for HMOs. In scrutinising the report, Members made reference to the following: · The introduction of the HOU/10 Policy had resolved a number of significant problems in town centres and moving away from the policy was a concern. However, Members acknowledged that from a planning perspective there were issues in relation to appeals that did need to be addressed. · Clarification was sought in terms of policy position and departure from policy. It was felt that some planning applications, on occasion, had departed from policy and were considered on their own merits (that the policy was only a guide). - In response, the Strategic Planning Policy Manager advised that the planning system was plan led and that policy should be followed based on the evidence. The policy should only be diverted from, if other material considerations determined otherwise. - A more robust and flexible policy was now required and that without such flexibility, it would create further hurdles in terms of delivering housing need. Members were advised that a more flexible policy would also assist in increasing the Council’s success rate at appeal and help CCBC manage shared HMOs more effectively. - In addition, it was noted that every Local Authority occasionally departed from policy and plans, due to material considerations, or changes in evidence and/or National Planning Guidance. However, the main reason now for policy challenge/departure was due to outdated policies (the LDP was 15 years old and in need of review). · A Local Ward Member for Pensarn - Pentre Mawr, reported that fears concerning parking and bin provision was already evident in his ward. In addition, the Local Ward Member questioned, if the figure of 28% in South Parade was accurate and stated that Marine Road also formed part of the whole HMO/flat area. - In response, the Consultant advised that, the figure of 28% was based on evidence provided by CCBC. South Parade consisted of 56 properties of which 16 were additional HMOs. · Concern was expressed regarding enforcement / regulatory services provision. Members acknowledged that Regulatory and Housing Services were already over stretched. · What impact the policy would have on encouraging public and private investment/regeneration in an area (particular reference was made to Pensarn). - In response, the Strategic Planning Policy Manager advised that the policy would ensure that design issues surrounding bins, parking and highways would be covered within the policy and designed to a level that would assist in the regeneration of an area. · There was concern that a change in policy would reduce the amount of self-contained properties. - In response, the Strategic Planning Policy Manager advised that, he didn’t envisage a significant increase in the number of HMOs as the current property market evidenced a demand for accommodation to be self- contained as opposed to HMOs. In addition, the Consultants advised that, often, shared HMOs housed students and/or young professionals, resulting in the properties playing an important role in the local area in terms of attracting young people. · Holiday Accommodation Zone Policy - some Members would have preferred to have seen the Holiday Accommodation Zone study, prior to the HMO Study. It was felt that Cabinet should take this into consideration when approving this policy. - In response, Members were informed that workshops in relation to holiday accommodation had been scheduled and a report was being presented to democracy early 2023. In addition, Members were informed that the Holiday Accommodation Zone Policy was strict and as a result, would often be challenged. · Whilst Members recognised the complexity of the study and acknowledged how it would help inform the RLDP, the majority of Members did not support the study/evidence in its current form and proposed that Cabinet take on board the concerns raised at Overview and Scrutiny and consider amending the policy approach accordingly. · The need to amend Clifton Street to Clifton Road, and Caroline Street to Caroline Road, Llandudno was highlighted. Due to the concerns highlighted above, the Committee felt they could not support the recommendations from the HMO study and therefore: RECOMMENDED TO CABINET: (a) That the key findings and recommendations of the Houses in Multiple Occupation study recognising the implications for policy changes in the Replacement Local Development Plan be noted. (b) 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. (c) That delegated authority be approved for the Head of Regulatory and Housing Services to make minor changes to Houses in Multiple Occupation Study, following consultation.
The Senior Planning Officer, Lindsay Mercer, together with representatives from Lichfields Consultants presented Members with the findings of a recently completed Conwy Town Centres First Study. Members were informed of the implications of the study on the Replacement Local Development Plan (RLDP) policies relating to safeguarding employment uses, residential uses, changes of use in town centres and retail areas, changes to retail zones and overall the retail and leisure up to 2033. The key drivers for the study were the need to understand how town centres had and were continuing to change following the Covid 19 pandemic and also to take into account, within RLDP policy formulation, the Welsh Government’s ‘town centres first’ approach that was echoed throughout National planning guidance including, the Future Wales The National Plan 2040, Planning Policy Wales and Technical Advice Note (TAN) 4. Thirteen town centres had been addressed in the study, namely Abergele, Colwyn Bay, Conwy, Craig y Don, Deganwy, Kinmel Bay, Llandudno, Llandudno Junction, Llanfairfechan, Llanrwst, Old Colwyn, Penmaenmawr, and Rhos on Sea. The study also included a great wealth of evidence both quantitative and qualitative and drew on the expertise of local commercial agents to ensure practical, local knowledge had been involved in the formulation of the conclusion and recommendations. The key messages for policy and land designation change from the study was broken down into four different subject areas as follows: · Office accommodation in town centres · Amount of retail floor space and leisure floor space needed up to 2033 · Retail Zones/Areas – (review and changes to the boundaries) · Conversion to residential uses in town centres In scrutinising the report, reference was made to the following: · Reference was made to individual town centres, namely Colwyn Bay and Llandudno. · Recognition of how shopping habits had changed. · The need for a more flexible approach in terms of retail space restrictions. · The increased demand in leisure and recreational facilities. · The need for private / individual investment across town centres. · Whilst Covid may have been a recent factor in terms of town centre decline, it was the long term issues of town centre decline that needed to be acknowledged and addressed. · The views of local residents/business forums were acknowledged. · Interventions to assist with town centres e.g. grants, refurbishment schemes. · The housing crisis and need to review vacant town centre properties, particularly those above shop premises, and how they could be brought back into use. In terms of Planning Policy implications of the study, the Senior Planning Officer advised that, the report/study provided detail of the underlying issues in relation to town centres and that Planning Policies would follow as a consequence of the study and once the data had been reviewed. · Disappointment was expressed, amongst some Members, that areas such as, Pensarn and Penrhyn Bay failed to form part of the study in detail. In response, Members were reminded of the retail hierarchy identified within the study (sub-regional, town centre, district centres and local/village centres), and that the hierarchy did include centres such as Penrhyn Bay and Pensarn. RECOMMENDED TO CABINET: (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 be approved for the Head of Regulatory and Housing Services to make minor changes to the Conwy Town Centres First Study.
The Strategic Planning Policy Manager, together with the Senior Planning Officer, Carol Evans, presented Members with findings of the recently completed Recreational Space Assessment and the implications of the study on Replacement Local Development Plan (RLDP) policies relating to the protection and provision of open space within the County of Conwy. When the Council published its Deposit Plan, it must also explain how the policy had been formulated based on the evidence base available to the Council at the time. The Recreational Space Assessment evaluated the type, amount, accessibility and quality of recreational spaces in the RLDP area. In addition, reference was made to the following: · National Planning Guidance · Assessment results · Recommended accessibility guidelines · Existing Recreational Spaces · New residential development · RLDP allocations · New sites and extensions to existing sites · Assessment Summary It was noted that there was an error in Table 3 (recreational space quantitative assessment findings overall (hectares)) of the committee report. The deficit for outdoor sports should read 33 hectares not 170.79 hectares. Members were supportive of the findings of the recently completed Recreational Space Assessment. RECOMMENDED TO CABINET: (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 Strategic Planning Policy Manager, together with the Planning Officer, Richard Clarke, presented Members with the findings of the Stage 1 Strategic Flood Consequences Assessment (SFCA), which would inform the emerging Replacement Local Development Plan (RLDP) and any other projects in Conwy County involving land-use that may affect, or be affected by, flood risk. The SFCA was required as part of the RLDP process, but a letter from the Minister in November 2021 reinforced the importance of the Council having an up-to-date SFCA. The Stage 1 SFCA identified the strategic matters relevant to flooding and flood risk in Conwy County. As it had been produced for Conwy as a Local Planning Authority, it related predominantly to the area of Conwy County outside the Eryri National Park Authority area. Due to its strategic nature however, much of it was relevant to Conwy as a whole. In addition, the SFCA contained the following elements: · The identification of SFCA study area, including river catchments falling within the Council’s administrative area. · Details of local and national planning policy, legislation, strategies and management plans relating to flood management. · An explanation of different mechanisms of flooding and assessment of flood risk. · Historic flood events in Conwy County. · Key flood management assets and proposed flood defence works. · High level initial assessment of candidate sites being considered for inclusion in the RLDP, and requirements for a site-specific Flood Consequence Assessment. · Conclusion and recommendations Members were supportive of the Stage 1 SFCA and progression of the Stage 2 SFCA to support the RLDP. RECOMMENDED TO CABINET: (a) That the Stage 1 Strategic Flood Consequences Assessment report (Appendix 1) be noted. (b) That the Stage 1 Strategic Flood Consequences Assessment be approved for consultation with relevant stakeholders and for submission to the Minister. (c) That delegated authority be approved for the Head of Regulatory and Housing Services to make minor changes to the Strategic Flood Consequences Assessment, following consultation. (d) 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.
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