Trees:
RESOLVED – T H A T the applications as outlined within the report on pages 28 to 30, as determined by the Head of Regeneration and Planning under delegated powers, be noted.
Mae pob cyngor yng Nghymru wedi datgan neu ymateb i'r argyfwng hinsawdd ac mae ganddo gynlluniau i dorri ei allyriadau ei hun, o adeiladau, cerbydau a'r hyn y mae'n ei brynu. Mae cynghorau hefyd yn rheoli perygl llifogydd ar afonydd a nentydd lleol.
Mae'r Cabinet yn cytuno ar gynlluniau hinsawdd; mae pwyllgorau craffu'n gwirio cynnydd.
Gofynnwch i'ch cynghorwyr sut mae'r cyngor yn gwneud yn erbyn ei dargedau ei hun, ac ymatebwch i'w ymgynghoriadau ar gynlluniau.
| Cyngor | Eitemau | Gyda phenderfyniad |
|---|---|---|
| Bro Morgannwg | 137 | 10 |
| Abertawe | 25 | 4 |
| Caerdydd | 24 | 21 |
| Sir Gâr | 5 | 4 |
| Rhondda Cynon Taf | 5 | 4 |
| Casnewydd | 4 | 0 |
| Powys | 3 | 0 |
| Castell-nedd Port Talbot | 2 | 0 |
| Pen-y-bont ar Ogwr | 2 | 0 |
| Gwynedd | 2 | 1 |
| Blaenau Gwent | 1 | 0 |
RESOLVED – T H A T the applications as outlined within the report on pages 28 to 30, as determined by the Head of Regeneration and Planning under delegated powers, be noted.
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. Minutes - MT No. 2021/01081/FUL Received on 28 June 2022 (p31) APPLICANT: Wales and West Housing Association, c/o Agent AGENT: Gwen Thomas Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS Land at St. Brides Road, Wick Residential development of 17 no. affordable units, including new access, landscaping, drainage arrangements and associated works APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01710/FUL Received on 23 September 2022 (p80) APPLICANT: Business Loan Services (UK) Ltd Pension Scheme, C/o Agent, AGENT: Mr Andrew Ayles, Office 14, 35 Stow Park Circle, Newport, NP20 4HF Former Eastbrook Methodist Chapel, Chapel Row, Eastbrook, Dinas Powys Demolition of chapel building and the erection of a dormer bungalow, on-site car parking and amenity provision and associated development thereto RESOLVED – T H A T subject to the relevant person(s) first entering into a Section 106 Legal Agreement or undertaking to include the following necessary planning obligations: • to pay a financial contribution to the sum of £27,631.20 for an off site affordable housing contribution. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2022/00294/HYB Received on 21 March 2022 (p106) APPLICANT: Wales and West Housing, Archway House, 77, Parc Ty Glas, Llanishen, Cardiff, CF14 5DU AGENT: Mr Dylan Green Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS Minutes - MT No. Land adjacent to Oak Court, Myrtle Close, Penarth Hybrid planning application comprising of a full application for extra-care accommodation and associated highways, landscaping and drainage works and outline application for residential development and associated works with all matters reserved except for access RESOLVED – T H A T subject to the applicant first entering into a Section 111 Agreement under the Local Government Act 1972 to require a Section 106 Agreement to be signed on the transfer of the land to secure the following for the extra care element of the development: • The extra care scheme shall be delivered and retained as a 100% affordable housing scheme that shall be occupied by people of 55 year of age and older only and shall meet the definition of affordable housing in Annex B of the Welsh Government Technical Advice Note 2 on Affordable Housing or any future guidance that replaces it; • £49,460.60 for the extra care building for sustainable transport; • 0.755% of the project budget set aside for public art; • The provision of land in the north west of the site (shaded in pink and falling within the red circle on the above plan in the planning obligations section of the report) as public open space. • A clause for the payment of an administration fee of £5,448 (20% of the application fee), to cover the Council’s costs to negotiate, monitor and implement the terms of the necessary Section 106 agreement; APPROVED - Subject to the conditions as contained within the report and it being noted that the Reserved Matters will be reported back to the Planning Committee. Reason for decision Having regard to the content of the report and discussions at the meeting. 2022/00802/FUL Received on 4 August 2022 (p175) APPLICANT: Ms Emma Vidler, Cwrt-yr-ala House , Michealston Le Pit Road, Michaelston Le Pit, CF64 4HE AGENT: Mr Eurig Williams, The Bank, 5 Cardiff Road, Taffs Well, Cardiff, CF15 7RA Cwrt Yr Ala House, Michaelston Le Pit Road, Michaelston Le Pit Change of use of partially constructed Boiler House previously consented under application reg 2018/01334/FUL to provide staff welfare facilities on site ancillary to the main house. APPROVED - Subject to the conditions as contained within the report. Minutes - MT No. Reason for decision Having regard to the content of the report and discussions at the meeting. Minutes - MT
RESOLVED – (1) T H A T the Independent Remuneration Panel for Wales’ (IRPW) draft Annual Report 2023/24 proposals be noted. (2) T H A T in light of the cost of living crisis affecting Wales and the wider UK, the IRPW be reminded that they can consider a freeze in remuneration for Elected Members of Principal Councils’ salaries for the year 2023/24 (Determinations 1, 2 and 3). (3) T H A T the Committee’s responses to the consultation questions set out below be forwarded to the IRPW on behalf of the Council: Question 1 The Panel has continued to use the Annual Survey of Hours and Earnings (ASHE) published by the Office for National Statistics as the benchmark for setting the basic salary of elected members of principal councils. There is a corresponding proportionate increase proposed for the members of National Park and Fire and Rescue Authorities. The Panel has continued to refer to the last published ASHE which was 2021. Do you agree that the basic salary element should be referenced to the ASHE 2021 data? Council’s Response Yes. The Council supports the continued linking of remuneration to Elected Members’ salaries to ASHE however, the IRPW consider a pay freeze for Principal Council Elected Members’ salaries for 2023/24. Question 2 The Panel has made changes to the payment of costs and expenses of members of community and town councils. Do you agree with the addition of the “consumables” element? Council’s Response No opinion. Matter for Town / Community Councils. Question 3 The Panel will gather evidence from principal councils to explore whether and how the workload of elected members has changed to inform future Determinations. Are you content that the Panel should build this review into its future work plan and build the evidence base to support decisions? Council’s Response Yes. The Council supports this proposal. Any review to evidence base future determinations should ensure that the basic level of remuneration is justified, appropriate and reasonable. Question 4 We have significantly reduced the size of the report this year to concentrate on key decisions made and intend to make more use of the website to provide easy to use guidance to users. This approach is also in line with our efforts to respect the challenges facing us in protecting our planet. How would you like to access information and guidance from the Panel? (choose all that apply) Summary report with links to Social media detailed guidance Easy to use guidance notes Information events Frequently asked questions Other Website - - Council’s Response: The Council welcomes all of the above options however, the use of emails should also be included as an appropriate method of communication and that further consideration should be also given to the use of plain English to make future reports more accessible to the public / wider community. Question 5 The Panel intend to undertake a series of engagements with all relevant stakeholders over the next year as part of the development of its forward planning and building of its evidence and research strategy. Have you any comments that would help the Panel shape this engagement? For example, a preference for online polls, the holding of engagement events, virtual or face to face, which groups should be involved, how do we engage with prospective candidates etc. Council’s Response: The IRPW be requested to consider using a broad range of methods of engagement with all relevant stakeholders to include face to face and digital means, dependent on the level of engagement they are seeking at that point in time. (4) T H A T the IRPW be also requested to reconsider amending the new format to include a list of all determinations within a single document, to ensure clarity and ease of reference. Reasons for decisions (1) Having regard to the contents of the report and discussions at the meeting. (2-4) To provide a response to the consultation by 1st December, 2022.
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2019/00871/OUT Received on 22 April 2021 (p31) APPLICANT: Legal & General (Strategic Land) Ltd AGENT: Mr. Darren Parker, Park House, Greyfriars Road, Cardiff CF10 3AF Land at Model Farm, Port Road, Rhoose Hybrid application comprising an outline application for the demolition of existing buildings and erection of 44.75ha Class B1/B2/B8 Business Park, car parking, landscaping, drainage infrastructure, ecological mitigation and ancillary works (all matters reserved aside from access) within Area A and a full application for change of use from agricultural land to country park (Use Class D2) within Area B. No. RESOLVED – T H A T this matter be deferred. Reason for decision Having regard to the content of the report and discussions at the meeting. 2019/01031/RG3 Received on 5 July 2022 (p124) APPLICANT: Housing and Building Services, Vale of Glamorgan, The Alps, Alps Quarry Road, Wenvoe, CF5 6AA AGENT: Georgia Peters, Dock Offices, Subway Road, Barry, CF63 4RT Land to the North of Maes y Ffynnon, Bonvilston Construction of 8 affordable residential units and associated works. RESOLVED – T H A T deemed planning consent be granted, subject to the amendment of the following conditions: Amend Condition 5 to read: No construction work associated with the development hereby approved shall take place on the site on any Sunday or Bank Holiday or on any other day except between the following hours: Monday to Friday: 0800 – 1800 Saturday: 0800 – 1300 Unless such work is: (a) Associated with an emergency (relating to health and safety or environmental issues); (b) Carried out with the prior written approval of the Local Planning Authority. Reason: To safeguard the amenities of local residents, and to ensure compliance with the terms of policies SP1 (Delivering the Strategy) and MD7 (Environmental Protection) of the Local Development Plan. Amend Condition 13 to read: Notwithstanding the approved plans, no development shall commence until full engineering details of the roadworks, parking areas and turning areas shown on drawings A101 - Site layout rev.D and A109 - Block Plan rev. D (which shall include plain dropped curbs in place of the tactile crossing points) which shall accommodate the amendments set out in Condition 21, have been submitted to, No. and approved in writing by, the planning authority. No dwelling shall be occupied until the roadworks, parking areas and turning areas have been completed in accordance with the approved details. The parking spaces shall thereafter be kept available for the parking of vehicles for as long as the approved development exists. Reason: To ensure that the development proposal will have an acceptable effect on local highway safety and the amenity of the area, in accordance with policies MD2 (Design of New Development) and MD5 (Development within Settlement Boundaries) of the Local Development Plan. Add New Conditions 19, 20 and 21 Condition 19 Notwithstanding the submitted plans and supporting documents, the permission hereby approved shall not relate to the removal of the trees identified as T33, T34 and T35 as shown on plan ref. A109 - Block Plan rev. D. Reason : In the interest of ecology and the amenity value to the area and to ensure compliance with policies SP1 (Delivering the Strategy), SP10 (Built and Natural Environment), MD1 (Location of New Development) and MD2 (Design of New Developments) of the Local Development Plan. Condition 20 Notwithstanding the submitted plans and supporting documents, the permission hereby approved shall not relate to the extinguishment of the existing turning head and landscaping of the turning head as shown on plan ref. A101 - Site layout rev. D and A109 - Block Plan rev. D and the turning head shall be retained as adopted highway. Reason: To ensure that the development proposal will have an acceptable effect on the highway safety and parking in accordance with policies MD2 (Design of New Development) and MD5 (Development within Settlement Boundaries) of the Local Development Plan. Condition 21 Notwithstanding the submitted plans and supporting documents, prior to any works to widen the existing highway, full details of a revised layout and a method statement to show how the works will minimise impact on trees T33, T34 and T35 as shown on plan ref. A109 - Block Plan rev. D shall be submitted to an approved in writing by the Local Planning Authority. The works shall thereafter be completed No. in accordance with the approved plans and documents in conjunction with Condition 13. Reason: In the interest of ecology and the amenity value to the area and to ensure compliance with policies SP1 (Delivering the Strategy), SP10 (Built and Natural Environment), MD1 (Location of New Development) and MD2 (Design of New Developments) of the Local Development Plan. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/00012/FUL Received on 16 March 2021 (p164) APPLICANT: Mr. Paul Davey, 20 Summerland Close, Llandough, Penarth, CF64 2QA AGENT: Mr. Paul Davey, 20 Summerland Close, Llandough, Penarth, CF64 2QA 20 Summerland Close, Llandough, Penarth Replacement of existing fence. REFUSED and AUTHORISE ENFORCEMENT ACTION RESOLVED – (1) T H A T planning permission for the works as described in the application be refused. (2) T H A T the Head of Legal and Democratic Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require: (i) The removal of the fence and resulting materials from the land or reduction of the fence to a height of not more than 1 metre above ground level where it is located adjacent to the highway. (3) T H A T in the event of non-compliance with the Notice, authorisation be granted to take such legal proceedings as may be required. Reason for refusal The fence, by virtue of its height, length and positioning immediately adjacent to the highway, is a prominent and visually incongruous feature in the street scene that crudely encloses the space to the side of no. 20 Summerland Close and in doing so erodes the value of that corner space contributed to the openness and No. amenity of the street scene. This is considered to have an unacceptable impact on the visual amenity of the area and is contrary to Policies MD2 (Design of New Development) and MD5 (Development within Settlement Boundaries) of the Vale of Glamorgan adopted Local Development Plan 2011-2026, the Vale of Glamorgan Residential and Householder Development Supplementary Planning Guidance (2018) and national policy contained with Planning Policy Wales (Edition 11) and Technical Advice Note 12 (Design). Reasons for issuing Enforcement Notice (1) It appears to the Council that the above breach of planning control constituting operational development has occurred within the last four years. (2) The fence, by virtue of its height, length and positioning immediately adjacent to the highway, is a prominent and visually incongruous feature in the street scene that crudely encloses the space to the side of no. 20 Summerland Close and in doing so erodes the P.175 value of that corner space contributed to the openness and amenity of the street scene. This is considered to have an unacceptable impact on the visual amenity of the area and is contrary to Policies MD2 (Design of New Development) and MD5 (Development within Settlement Boundaries) of the Vale of Glamorgan adopted Local Development Plan 2011- 2026, the Vale of Glamorgan Residential and Householder Development Supplementary Planning Guidance (2018) and national policy contained with Planning Policy Wales (Edition 11) and Technical Advice Note 12 (Design). (3) It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well Being of Future Generations (Wales) Act 2015.
RESOLVED – T H A T the applications as outlined within the report on pages 28 to 30, as determined by the Head of Regeneration and Planning under delegated powers, be noted.
RESOLVED – (1) T H A T dispensations as set out in the schedule below be granted up to the date of the next Local Government Elections: Member Requesting Paragraph(s) of the Decision Dispensation Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 Under Which Dispensation is Granted and as applied for Councillor J. Aviet (a), (e) and (f) Dispensation granted to speak and vote on matters at Vale of Glamorgan Council meetings relating to the review of Council employment, employee terms and conditions, in view of a family member being employed by the authority. Councillor R.M. Birch (d), (f) and (g) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping services programme when being discussed at both Vale of Glamorgan and Penarth Town Council meetings as appropriate. Councillor R.M. Birch (c), (d), (f) and (g) Dispensation granted to speak and vote when matters relating to Ysgol y Deri School, Penarth are being discussed at Vale of Glamorgan Council meetings. Minutes - KB Community Councillor (d), (e), (f) and (h) Dispensation granted to K. Hatton speak only at Dinas Powys Community Council meetings, on issues relating to the management of allotments as a member of the Commons and Open Spaces Sub Committee. Community Councillor (d), (e), (f) and (h) Dispensation granted to K. Hatton speak only at Dinas Powys Community Council meetings, on issues relating to the Dinas Powys Library and Activity Centre. Community Councillor (e), (f) and (h) Dispensation granted to K. Hatton speak only at Dinas Powys Community Council meetings, on issues affecting Seel Park. Community Councillor (h) Dispensation granted to K. Hatton speak only at Dinas Powys Community Council meetings on issues affecting Dinas Powys Voluntary Concern. Community Councillor (a) Dispensation granted to P. King speak only at Llandough Community Council meetings on matters concerning Llandough and Leckwith War Memorial Institute Committee as a principal trustee Councillor B. Loveluck- (d), (f) and (g) Dispensation granted to Edwards speak and vote at Vale of Glamorgan Council meetings on general matters relating to the review of Council employment, employee terms and conditions or to respond to allegations relating to child protection or safeguarding matters, in view of being employed as a full time regional caseworker for NASUWT. Where specific cases are referred to to speak only on such matters as outlined above. Councillor B. Loveluck- (c), (d) (f) and (g) Dispensation granted to Edwards speak and vote when matters Minutes - KB relating to St. Richard Gwyn High School are being discussed at Vale of Glamorgan Council meetings. Community Councillor (d), (e), (f) and (h) Dispensation granted to K. Shaw speak only at Dinas Powys Community Council meetings, on issues affecting Seel Park. Councillor M.R. Wilson (c), (d), (f) and (g) Dispensation granted to speak and vote when matters relating to Ysgol y Deri School, Penarth are being discussed at Vale of Glamorgan Council meetings. (2) T H A T the following late applications for dispensation as set out in the schedule below be granted up to the date of the next Local Government Elections: Member Requesting Paragraph(s) of the Decision Dispensation Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 Under Which Dispensation is Granted and as applied for Councillor J. Aviet (d), (e), (f) and (i) Dispensation granted to speak and vote when matters relating to St. Helens R/C Primary and Nursery School are being discussed at Vale of Glamorgan Council meetings. Councillor J. Protheroe (e) Dispensation granted to speak and vote when matters relating to Cowbridge Comprehensive School are being discussed at Vale of Glamorgan Council meetings. Reason for decisions (1&2) To comply with the regulations and obligations for the grant of dispensations to speak and vote. Minutes - KB
RESOLVED – T H A T the applications as outlined within the report on pages 23 to 24, as determined by the Head of Regeneration and Planning under delegated powers, be noted. Minutes - MS No.
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2021/00423/FUL Received on 6 December 2021 (p25) APPLICANT: Transworld Real Estate Ltd AGENT: Mr. Luke Grattarola Ceraint John Planning Ltd. Office 16 (House 1), The Maltings, East Tyndall Street, Cardiff, CF24 5EA Land at Bolston House, Bonvilston Demolition of the existing dwelling and redevelopment of the site to accommodate residential development and associated works REFUSED (1) By reason of the loss of a large proportion of a Significant Stone Wall, the loss of substantial amounts of tree cover and the suburban and insensitively designed/orientated internal site layout, the proposed development would fail to have regard to and would fail to preserve the character of the Bonvilston Conservation Area, contrary to policies SP10 - Built and Natural Environment, MD2 - Design of New Development, MD5- Development within Settlement Boundaries and MD8 – Historic Environment of the Vale of Glamorgan Local Development Plan 2011 - 2026 and the Bonvilston Conservation Area Appraisal and Management Plan and national guidance contained in Planning Policy Wales (Edition 11) and Technical Advice Note 12 - Design. (2) By reason of the size of the dwellings and plots, the proposed layout fails to make necessary, efficient use of the land, contrary to policy MD5 - Development within Settlement Boundaries & MD6 - Housing Densities of the Vale of Glamorgan Adopted Local Development Plan 2011-2026. (3) By reason of the geometry and radii of the access, and the design of works to the carriageway/footway, the proposal would result in a substandard form of access into and out of the site, which would adversely impact upon highway safety. The proposal is therefore considered contrary to Policies MD2 (Design Of New Development) & MD5 (Development within Settlement Boundaries) of the Vale of Glamorgan Adopted Local Development Plan 2011-2026. (4) In the absence of a noise assessment that considers potential noise nuisance from the Red Lion Inn and its garden, the proposal fails to provide adequate information to assess the impact of noise or demonstrate that the proposal would not be prejudicial to the amenity and living conditions of future Minutes - MS No. residents at the site. In this respect the development is contrary to Policies MD2 (Design of Development) & MD7 (Environment Protection) of the Vale of Glamorgan Local Development Plan 2011-2026. (5) The proposal fails to satisfy the tests to justify a derogation for protected species and would result in inadequately mitigated loss of trees that would harm the biodiversity interests of the site. Therefore, the development is considered contrary to Policies MD2- Design of New Developments & MD9-Promoting Biodiversity of the Vale of Glamorgan Adopted Local Development Plan 2011- 2026, the guidance contained within the Councils Biodiversity and Development Supplementary Planning Guidance. (6) The proposal fails to provide any affordable housing or the infrastructure necessary to mitigate the impacts of the development in respect of public open space, education and sustainable transport. In this respect the development is contrary to Policies MG4 and MD4 of the LDP and the Council’s SPG on Affordable Housing and Planning Obligations, and Planning Policy Wales and TAN 2- Planning and Affordable Housing. Reasons for decisions Having regard to the content of the report and discussions at the meeting. 2021/00424/CAC Received on 6 December 2021 (p59) APPLICANT: Transworld Real Estate Ltd AGENT: Mr Luke Grattarola, Geraint John Planning Ltd, Office 16 (House 1), The Maltings, East Tyndall Street, Cardiff, CF24 5EA Land at Bolston House, Bonvilston Demolition of the existing dwelling and redevelopment of the site to accommodate residential development and associated works REFUSED (1) The loss of part of the historical stone boundary wall would be damaging to the intrinsic character of the site and the conservation area. The proposal would therefore fail to preserve or enhance the character of the Conservation Area and would be in conflict with Policies SP10 and MD8 of the Adopted Local Development Plan, in addition to TANs 12 and 24, the aims and objectives of the Bonvilston Conservation Area Appraisal Plan and Section 72(1) of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990. Reason for decision Minutes - MS No. That Members of the Planning Committee note the above conclusions and agree that these form the basis of the Council’s case in the current non-determination appeal for the reason set out below: It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well-being of Future Generations (Wales) Act 2015. 2021/01379/FUL Received on 23 September 2021 (p74) APPLICANT: Mr. C. Holder, Earthmovers House, Llantrisant Business Park, Llantrisant, CF72 8LF AGENT: Mr. R. Hunt, 20a The Wharfage, Ironbridge, Telford, Swadlincote, TF8 7NH The Quarries, Bonvilston The winning and working of limestone, importation/recovery of inert waste and restoration to agriculture/amenity. REFUSED - (1) By reason of the excessive unjustified infilling operation, which is not fundamentally required to create an acceptable restored site, the proposal would amount to (and would encourage) unjustified waste disposal that is contrary to the principles of the waste hierarchy, would result in unnecessarily and harmful perpetuated environmental impacts, and would fail to provide a beneficial, sustainable, and high quality restoration and after care solution for the quarry, at the earliest opportunity. The proposal is therefore contrary to the policy and guidance relating to waste management contained in TAN 21 paragraph 4.23, and criterion 2 of Policy MD20 of the LDP. In addition, the proposal is contrary to planning policy and guidance relating to quarry restoration and after care contained in PPW paragraphs 5.14.4, 5.14.50, and 5.14.54, MTAN1 paragraphs 94, 97, 100, 103, and 130, and criterion 7 of Policy MG25 of the LDP. (2) It has not been demonstrated, through submission of a bat survey, that the development would not be detrimental to the maintenance of the population of bats - a European Protected Species. The development is therefore contrary to Policies MG19 – Sites and Species of European Importance and Policy MD9- Promoting Biodiversity, of the Local Development Plan, as well as national guidance contained at paragraphs 6.3.6 & 6.3.7 of TAN 5 – Nature Conservation and Planning and paragraph 6.4.22 of Planning Policy Wales. It is also contrary to the provisions of the Conservation of Habitats and Species Regulations 2010. Reasons for decisions The decision to refuse planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires Minutes - MS No. that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well-being of Future Generations (Wales) Act 2015. The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. In reaching the recommendation below, the content of the submitted Environmental Impact Assessment has been taken into account, in accordance with the requirements of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017. 2022/00397/RG3 Received on 28 March 2022 (p119) APPLICANT: Mr. Andrew Freegard, Vale of Glamorgan Council, The Alps, Alps Quarry Road, Wenvoe, CF5 6AA AGENT: Miss Georgia Peters, Vale of Glamorgan Council, Dock Offices, Subway Road, Barry, CF63 4RT Land North of Holm View Leisure Centre, Barry Phase Two of the residential development of 31 no. affordable housing units and associated works RESOLVED – (1) T H A T subject to the interested person(s) first entering into a Section 106 legal agreement to include the following necessary planning obligations: • To pay a sum of £37,652.50 to contribute towards the provision or enhancement of educational facilities. • To pay a sum of £39,100 to contribute towards the provision of sustainable transport facilities in the vicinity of the site. • The developer provides public art on the site to the value of 1% of the build costs or otherwise pays a contribution to the same value to the Council • To pay a sum a sum £21,420 to contribute towards the provision of new, or enhancement of existing, community facilities in the area. (2) T H A T in addition to a clause requiring the payment of a fee to monitor and implement the legal agreement. Minutes - MS No. Deemed planning consent be GRANTED subject to the condition(s) as contained within the report. Reason for decision The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. Having regard to Policies SP1– Delivering the Strategy, SP3 – Residential Requirement, SP4 – Affordable Housing Provision, MG1 – Housing Supply in the Vale of Glamorgan, MG2 – Housing Allocations, MG4 – Affordable Housing, MD1 - Location of New Development, MD2 - Design of New Development, MD3 - Provision for Open Space, MD4 – Community Infrastructure and Planning Obligations, MD6 - Housing Densities, MD7 - Environmental Protection and MD9 - Promoting Biodiversity of the Vale of Glamorgan Adopted Local Development Plan 2011-2026, Future Wales, National planning policy in the form of Planning Policy Wales (Edition 11), Technical Advice Notes 2 – Affordable Housing, 12 - Design, and the Council’s Supplementary Planning Guidance on Affordable Housing, Barry Development Guidelines, Biodiversity and Development, Parking Standards, Planning Obligations, Residential and Householder Development, and Trees, Woodlands, Hedgerows and Development, the proposed development is considered acceptable in principle and in respect of design, visual impact and layout, residential amenity, parking, highway safety, amenity/open space, drainage, and ecology. It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well-being of Future Generations (Wales) Act 2015. The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. 2022/00642/FUL Received on 19 May 2022 (p157) APPLICANT: Mrs. Penny Knight, 8 Mountjoy Close, Penarth, CF64 2TA AGENT: Susan Rosser, RIBA, 20 Duffryn Road, Cyncoed, Cardiff, CF23 6NP 8, Mountjoy Close, Penarth Single storey side and rear extension with new porch and roof conversion Minutes - MS No. REFUSED Reasons for Recommendations By reason of the design, form and siting, the proposed extensions and alterations would be harmful to the appearance of the dwelling, the balance of the semi- detached pair and the spacious and consistent character of the street. The development is therefore contrary to policies MD2 and MD5 of the Vale of Glamorgan Adopted Local Development Plan 2011-2026, The Council’s Supplementary Planning Guidance on Residential and Householder Development and TAN 12- Design. Minutes - MS
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2021/01405/FUL Received on 22 September 2021 (P.75) APPLICANT: Mr Michael Murphy c/o Agent AGENT: Mr Jeremy Peter 21, Britten Road, Penarth, CF64 3QJ Sefton Quarry (former Scrapyard), Penmark Change of use of land for the siting of storage containers REFUSED AND AUTHORISE ENFORCEMENT ACTION RESOLVED – (1) T H A T the application for planning permission for the change of use of the land be refused for the following reasons: (i) The site is in a divorced, inefficient, and unsustainable rural location without benefit of good access to local transport infrastructure, existing services, and without justification for or necessity to be in the countryside. The development is therefore considered to be inappropriately located, having regard to the sustainability and location requirements for waste management (and employment) facilities, and is therefore contrary to LDP Policies SP8, criterion 1 and 2 of MD20 and criterion 2 and 5 of MD1, as well as national guidance contained within 5.13.11 and 5.13.12 of PPW and paragraphs 1.10 and 3.27 of TAN21. (ii) By reason of its urban appearance in contrast with the rural, verdant and open character of the previously regenerated application site and the surrounding land, the change of use has resulted in a demonstrably harmful and unacceptable impact on the character of the countryside, which is in conflict with the aims and criteria of Policies MD1 (criterion 1) and MD2 (criteria 1, 2, and 10) of the LDP, paragraphs 5.5 and 5.8.1 of TAN12 and having regard to the advice in paragraph 3.9, 3.14, 3.16, 3.38 of PPW (Edition 11). (iii) The site has been locally designated a Site of Importance for Nature Conservation for its potential as invertebrate and reptile habitat. In the absence of ecological surveys or measures of biodiversity mitigation and enhancement, and the lack of justification for the rural location, the need for the development does not outweigh the likely nature conservation value of the site. The development is therefore contrary to Policies MG21 and MD9 of the LDP. (2) T H A T the Head of Legal and Democratic Services be authorised to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) in respect of the land shown edged blue on the site location plan, to require: (i) The cessation of the unauthorised use of the land for storage, (ii) The removal from the land of the shipping containers, portacabin, portaloo, and any other structures, machinery or chattels associated with the storage use. (iii) The removal from the land of all items being stored on the land including, but not limited to, any motor vehicles, caravans, trailers, boats, the telephone kiosk, all building materials, other items such as furniture, electrical goods, plastics, glass, metals, and all items of waste on the site, including piles of rubble, and all rubble deposited on the ground to form the new hardstanding, (iv) The reinstatement of the land to its former condition prior to the unauthorised change of use taking place. (3) T H A T in the event of non-compliance with the Notice, authorisation be granted to take such legal proceedings as may be required. Reason for dual decision (1) It appears to the Council that the above breach of planning control constituting the change of use of the land has occurred within the last 10 years. (2) The site is in a divorced, inefficient, and unsustainable rural location without benefit of good access to local transport infrastructure, existing services, and without justification for or necessity to be in the countryside. The development is therefore considered to be inappropriately located, having regard to the sustainability and location requirements for waste management (and employment) facilities, and is therefore contrary to LDP Policies SP8, criterion 1 & 2 of MD20 and criterion 2 & 5 of MD1, as well as national guidance contained within 5.13.11 & 5.13.12 of PPW and paragraphs 1.10 and 3.27 of TAN21. (3) By reason of its urban appearance in contrast with the rural, verdant and open character of the previously regenerated application site and the surrounding land, the change of use has resulted in a demonstrably harmful and unacceptable impact on the character of the countryside, which is in conflict with the aims and criteria of Policies MD1 (criterion 1) and MD2 (criteria 1, 2, and 10) of the LDP, paragraphs 5.5 and 5.8.1 of TAN12 and having regard to the advice in paragraph 3.9, 3.14, 3.16, 3.38 of PPW (Edition 11). (4) The site has been locally designated a Site of Importance for Nature Conservation for its potential as invertebrate and reptile habitat. In the absence of ecological surveys or measures of biodiversity mitigation and enhancement, and the lack of justification for the rural location, the need for the development does not outweigh the likely nature conservation value of the site. The development is therefore contrary to Policies MG21 and MD9 of the LDP. (5) It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well Being of Future Generations (Wales) Act 2015. 2022/00440/FUL Received on 25 August 2022 (P.98) APPLICANT: Mr Bill O’Donoghue, Orchard Bungalow, Treguff, St. Mary Church. CF71 7FS AGENT: Mr Bill O’Donoghue, Orchard Bungalow, Treguff, St. Mary Church. CF71 7FS Orchard Bungalow, St. Mary Church Orchard Bungalow extended garden. Land acquired is currently agricultural. Use required for residential to match that of existing property. Note we do not intend to use the Land for commercial logging / metal fabrication / commercial usage or anything associated/deemed industrial REFUSED AND AUTHORISE ENFORCEMENT ACTION RESOLVED – (1) T H A T the application for planning permission for the change of use of the land be refused for the following reason: (i) By reason of its size, the rural/agricultural context, and the appearance and open character of the application site and surrounding land, the change of use of the land results in a demonstrably intrusive incursion into the countryside which is harmful to its appearance and character. It also results in an incremental and harmful urbanising effect on the countryside, which is in conflict with the aims and criteria of Policies MD1 (criterion 1) and MD2 (criteria 1 and 2) of the LDP, and Policy DG13 of the Design in Landscape SPG, paragraphs 5.5 and 5.8.1 of TAN12 and having regard to the advice in paragraph 3.9, 3.14, 3.16, 3.38 of PPW (Edition 11). (2) T H A T the Head of Legal and Democratic Services be authorised to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) in respect of the land west and south of Orchard Bungalow, to require: (i) The cessation of the residential use of the land, (ii) The removal from the land of the metal shed, polytunnel, and domestic paraphernalia including, but not limited to, goal posts and play equipment. (3) T H A T in the event of non-compliance with the Notice, authorisation be granted to take such legal proceedings as may be required. Reason for dual decision (1) It appears to the Council that the above breach of planning control constituting the change of use of the land from agriculture to residential use has commenced within the last 10 years. (2) The unauthorised change of use of the land by reason of its size, the rural/agricultural context, and the appearance and open character of the application site and surrounding land, has resulted in a demonstrably intrusive incursion into the countryside which is harmful to its appearance and character. It has also resulted in an incremental and harmful urbanising effect on the countryside, which is in conflict with the aims and criteria of Policies MD1 (criterion 1) and MD2 (criteria 1 and 2) of the LDP, and Policy DG13 of the Design in Landscape SPG, paragraphs 5.5 and 5.8.1 of TAN12 and having regard to the advice in paragraph 3.9, 3.14, 3.16, 3.38 of PPW (Edition 11). (3) It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well Being of Future Generations (Wales) Act 2015.
RESOLVED – T H A T the applications as outlined within the report on pages 37 to 40, as determined by the Head of Regeneration and Planning under delegated powers, be noted. (ii) To Confirm Tree Preservation Order No. 5, 2022 for Trees at 200 Westbourne Road, Penarth – RESOLVED – T H A T Tree Preservation Order No. 5 of 2022 on the Oak tree in the rear garden of No. 200 Westbourne Road, Penarth be confirmed without modification. Reasons for decision The decision to recommend the confirmation of the Tree Preservation Order was taken in accordance with Section 198 of the Town and Country Planning Act 1990 (as amended), which empowered the local planning authority to make provision for the preservation of tress or woodlands. It was considered that the decision complied with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well-being of Future Generations (Wales) Act 2015.
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2021/00622/FUL Received on 18 May 2022 (P. 76) APPLICANT: Kestral Construction and Hafod HA Agent: Mr Liam Griffiths Asbri Planning Ltd., Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS 81-85, Holton Road, Barry Part demolition, extension and conversion of the upper floors of no. 81 – 85 Holton Road to provide 25 no. residential flats, internal and external alterations and associated works. RESOLVED – T H A T subject to the applicant entering into a Section 106 agreement to secure the following: EITHER • The residential units are delivered by the Vale of Glamorgan Council, or by a Housing Association Partner (Hafod Housing, Newydd Housing, United Welsh Housing or Wales & West Housing) of the Vale of Glamorgan Council. OR • The developer pays £54,996 for the provision or enhancement of educational facilities in schools serving the development for Secondary school children. • The developer pays a contribution of £57,500 towards sustainable transport facilities in the vicinity of the site. • The developer provides public art on the site to the value of 1% of the build costs or otherwise pays a contribution to the same value to the Council. • The developer pays a contribution of £66,700 towards providing or enhancing public open space in the vicinity of the site. AND • The units shall only be occupied as affordable housing that meets the definition of affordable housing in Annex B of the Welsh Government Technical Advice Note 2 on Affordable Housing, or any future guidance that replaces it. • The developer pays the legal and implementation/monitoring fees for the S106 agreement. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/00764/FUL Received on 15 July 2022 (P. 104) APPLICANT: Heritage Coast Campsite Monknash, Cowbridge, Vale of Glamorgan., CF71 7QQ AGENT: r. Andrew Parker Andrew Parker Associates, The Old Farmhouse, Trerhyngyll, Vale of Glamorgan, CF71 7TN Heritage Coast Campsite, Monknash Proposed 2 no. new tourist lodges, conversion of existing camp site facilities to form 2 no. tourist accommodation units. Proposed campervan site and tent area with provision of new toilet shower block. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01270/FUL Received on 1 September 2021 (P. 125) APPLICANT: Mr. D Clarke Brooklands, Brook Lane, St. Nicholas. CF5 6TB AGENT: Mr. Geraint John Office 16 (House 1, 2nd Floor), The Maltings, East Tyndall Street, Cardiff, CF24 5EA Brooklands, Brook Lane, St. Nicholas Part retrospective application to regularise and seek the approval for the completion of the 'as built' development for a new detached dwelling (through a barn conversion and associated works of adaptation and extension). RESOLVED - (1) T H A T planning permission for the works as described in the application be refused. (2) T H A T the Head of Legal and Democratic Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require the following: i. The removal of all unauthorised works that have taken place to Barn F, including the doors and windows, blockwork walls, cladding and roof covering, and the reinstatement of the barn to its previous appearance, as shown in the approved plans and the photographs attached to planning application file 2011/00898/FUL; ii. The demolition of the brick link extension (referred to as building B in the submitted planning application) that has been built between Barn F and the adjacent building (Barn E); iii. Making good the east elevation of Barn E (following the demolition of the link extension) by bricking this up in matching brickwork. (3) T H A T in the event of non-compliance with the Notice, authorisation is also sought to take such legal proceedings as may be required. Reasons for decisions (1) The extent of works proposed and that have been carried out to the former steel portal framed barn in the east of the site (Barn F), and the link extension adjoining this to the adjacent brick and blockwork barn (Barn E) and as proposed, amount to the substantial reconstruction and alteration of the building, to the extent that these elements of the proposal would constitute the construction of a new building in the countryside. By reason of the design and character of the alterations/new building, relative to its former agricultural appearance, the works have unacceptably harmed and fundamentally altered the character of the building. The former overly agricultural portal barn now has a highly domesticated an urbanised character, which is to the detriment of the group of buildings and the wider character of the yard. This is contrary to Policies MD1 (Location of New Development) and MD11 (Conversion and Renovation of Rural Buildings) of the Vale of Glamorgan Adopted Local Development Plan 2011-2026, the Conversion and Renovation of Rural Buildings Supplementary Planning Guidance (2018) and advice in Technical Advice Note 12 (Design). (2) The recommendation to refuse planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. (3) It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well-being of Future Generations (Wales) Act 2015. (4) The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. 2021/01386/RG3 Received on 22 September 2021 (P. 158) APPLICANT: Vale of Glamorgan Council, The Alps, Quarry Road, Cardiff, CF5 6AA AGENT: Mr John Griffiths Blacksmiths Shop, The Forge, Cantref, Brecon, LD3 8LR 2, Dyffryn Close, St. Nicholas Retrospective application for new roof covering. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01387|/RG3 Received on 22 September 2021 (P. 169) APPLICANT: Vale of Glamorgan Council, The Alps, Quarry Road, Cardiff, CF5 6AA AGENT: Mr John Griffiths Blacksmiths Shop, The Forge, Cantref, Brecon, LD3 8LR 4, Dyffryn Close, St. Nicholas Retrospective application for new roof covering. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01388/RG3 Received on 22 September 2021 (P. 181) APPLICANT: Vale of Glamorgan Council, The Alps, Quarry Road, Cardiff, CF5 6AA AGENT: Mr John Griffiths Blacksmiths Shop, The Forge, Cantref, Brecon, LD3 8LR 13, Dyffryn Close, St. Nicholas Retrospective planning application for change of roof covering. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01809/FUL Received on 6 January 2022 (P. 192) APPLICANT: Mr Eugene McKay c/o Agent, Unit D - Lunesdale, Upton Magna Business Park, Shrewsbury, SY4 4TT AGENT: Tim Williams Green Planning Studio Ltd, Unit D - Lunesdale, Upton Magna Business Park, Shrewsbury, SY4 4TT Barn (to the North of Howe Mill Farm), St Athan Road, St Mary Church Change of use of a barn to dwelling to be used for holiday purposes. WITHDRAWN by the applicant RESOLVED – (1) T H A T the Head of Legal and Democratic Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require: (i) Reinstate the building to its original condition including undertaking the following: • Remove the render applied to the exterior of the building. • Remove the windows and doors on the front and rear elevations. • Remove the additional areas of new external blockwork in elevations. • Remove the profiled tiled metal sheeting roof. (ii) Remove all of the waste materials from the land resulting from the taking of step (i) above. (2) T H AT in the event of non-compliance with the Notice, authorisation is also sought to take such legal proceedings as may be required. Reasons for decisions (1) It appears to the Council that the above breach of planning control constituting operational development has occurred within the last four years. (2) The works that have been undertaken to date have resulted in the substantial alteration of the former rural brick building and are not sympathetic to the fabric of the existing building and unacceptably affects the appearance and rural character of the building and its wider rural setting. The development would, therefore, conflict with Policies SP1 - Delivering the Strategy, MD1 - Location of New Development, MD11 – Conversion and Renovation of Rural Buildings and MD13 - Tourism and Leisure of the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Conversion and Renovation of Rural Buildings (2018) Supplementary Planning Guidance, as well as national policy identified within Planning Policy Wales (Edition 11, 2021), TAN12- Design and TAN 24 – The Historic Environment. (3) It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well Being of Future Generations (Wales) Act 2015. 2021/00571/FUL Received on 4 May 2022 (P. 222) APPLICANT: Mr Jacob George, 122-124, Plymouth Road, The Waverley Care Centre, Penarth , Vale Of Glamorgan. CF64 5DN AGENT: Mrs Kruti Gandhi, 58B, Clearwater Way, Lakeside, Cardiff. CF23 6DJ The Waverley Care Centre, 122-124, Plymouth Road, Penarth Retain boundary fence and gates as built replacing approved (2021/01186/FUL of 14/12/2021) brick wall with metal fencing due to structural instability. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting.
RESOLVED – T H A T the applications as outlined within the report on pages 46 and 47, as determined by the Head of Regeneration and Planning under delegated powers, be noted.
RESOLVED – THAT the comments of the Environment and Regeneration Scrutiny Committee and subsequent comments from Councillor Morgan be noted and considered further by the next Administration as part of an authority-wide traffic management and road safety policy that linked with both the 20mph default speed limit and plans for greater active travel opportunities . Question: Can you please confirm that the current Cabinet has brought forward this resolution and that the proposed authority-wide traffic management and road safety policy will now be addressed as a matter of priority? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Welsh Government announced on 12th June, 2022, a decision to introduce a default speed limit of 20mph in Wales. At this current time our officers are working hard to plan and deliver this project in time for the current introduction date of September 2023. This means there are limited resources to undertake any further large scale traffic policy work, but in addition it would be inappropriate to undertake this work prior to the implementation of the ongoing 20mph default project, as this involves the review of various guidance associated with the setting of speed limits which would be an essential part of any such policy. There is a detailed plan of Active Travel proposals for the Vale of Glamorgan and this can be found on the Council’s website which she would encourage people to look at. The work to develop an authority-wide traffic management and road safety policy will commence following the implementation of the 20mph default speed limit. If there are any specific issues – whether these are around a specific issue or locality that Councillor Morgan has concerns about, I would be more than happy to explore those matters further through discussion with all Members as well if they asked. Minutes - JR No. Supplemental Councillor Morgan, referring to his disappointment that nothing had been progressed, sought a meeting with the Cabinet Member to discuss the matter further. The Cabinet Member indicated that she was happy to do so. (iii) Question from Councillor Dr. I.J. Johnson How many people are currently waiting for social services support, and what is the Council doing to reduce that number? Reply from the Cabinet Member for Social Care and Health People approach Social Services for a variety of reasons. The question is very broad and so I have endeavoured to give some broad details firstly for Adults and then secondly for Children and Young People. If there is anything specific that Councillor Dr. Johnson has concerns about, I can maybe deal with that as a supplementary or through further discussion. Adult Assessment: In Adult Services there are currently 99 people in the community waiting for a Social Services assessment. There are an additional 6 people waiting in hospital for an assessment by a Social Worker There are no urgent cases waiting assessment, but there are 24 awaiting allocation and 75 cases awaiting input from an Occupational Therapist (these are lower priority) the standard we seek to achieve is for assessment to be made within 12 weeks. Adults Waiting for a Service: There are 5 people waiting for a care home placement (3 permanent, 1 temp, 1 respite). There are 120 people waiting for domiciliary care however, just over 20 of those are temporarily receiving that care from the Vale Community Resource Service which specialises in providing reablement and rehabilitation. For Children and Young People The picture here is different and the detail I will provide relates to the numbers waiting to be assessed. This is the position as at the 11/7/22: • 10 children (in 9 families) awaiting assessment by the Child Health and Disability Team. It is expected a number of these children will be allocated for assessment within a week. Minutes - JR No. • 39 children (in 28 families) awaiting assessment by the Intake Team. The list of children waiting is kept under regular review and allocated according to need. Supplemental Thanking the Cabinet Member for his response, Councillor Dr. Johnson sought clarification in respect of the market fragility and service capacity, noting that these were high on the Council’s risk register and enquired if staffing issues were affecting the Council’s ability to deliver support. The Cabinet Member confirmed that there were seven individuals waiting assessment and confirmed that in regard to Adult Services there were less than 100 people waiting for care at home and this was where the Authority was finding it particularly difficult to meet those individuals’ needs. As a result the service was conducting risk assessments for those individuals to ensure that they were prioritised. Domiciliary care was particularly difficult to resource in rural areas as a result specific initiatives were in place to develop additional capacity in the Western Vale. The supply and demand of domiciliary care was carefully monitored and over the previous three months a growing number of packages had been put in place each month. In April, this was 108 packages and in June 136. There was however a gap in capacity and Social Services had put several measures in place to mitigate the situation. He agreed to forward details of these measures to Councillor Dr. Johnson and Members of the Council. (iv) Question from Councillor Dr. I.J. Johnson How many Council houses have been built by the Vale of Glamorgan Council in the last decade? Reply from the Cabinet Member for Public Sector Housing and Tenant Engagement Given the housing crisis in this country, let alone in the Vale of Glamorgan, the straightforward answer is – not enough! But, the good news is that the Council re-commenced its house building programme in September 2017, and since this date Council has completed 76 properties in the following areas: • Francis Road, Barry – 3 no. units • Llys Llechwedd Jenner, Barry – 28 no. units • Clos Holm View, Barry Phase 1 – 11 no. units • Court Road, Barry – 11 no. units • Lon y Felin Wynt, Hayes Road, Barry – 23 no. units 67 properties are currently under construction and these are: Minutes - JR No. • St Cyres Road, Penarth – 14 no. units • Hayeswood Road, Barry – 53 no. units We are ‘in contract’ for 32 properties and awaiting construction start dates at: • Coldbrook Road East, Barry – 20 no. units • Colcot Clinic, Barry – 12 no. units Awaiting Planning Decision, but due to start on site 2022/23, on a further 49 properties at the following locations: • Clos Holm View, Barry (Phase 2) – 31 no. units • Maes y Ffynnon, Bonvilston – 8 no. units • Olive Lodge, Barry (acquisition pending) – 10 no. units In addition we currently have 346 units for schemes at Feasibility and Pre- development stage from 2023. Supplemental Councillor Dr. Johnson, being pleased to hear that the projects were under delivery, enquired of the Cabinet Member as to what consideration she had given in the context of the number of units quoted in her response, the impact of inflation and supply chain issues affecting the construction industry would have on the delivery of the programme over the coming years. The Cabinet Member acknowledged that there had been difficulties with costings of materials and prices from contractors and the Council was working hard to mitigate these pressures and she indicated that she would provide Councillor Dr. Johnson with a written reply. (v) Question from Councillor Dr. I.J. Johnson What is the current situation regarding the Model Farm development? Reply from the Cabinet Member for Community Engagement, Equalities and Regulatory Services Planning permission was quashed in October 2021 when the Court Order by HHJ Jarman QC confirmed the application for permission for judicial review was granted. The planning application is now back with the Council for determination. A new public consultation regarding the planning application was undertaken earlier in the year and additional viability information has also been presented by the applicant which the public could comment on. This information is currently being considered by relevant experts on behalf of the Council. The application remains under assessment and will be reported back to Planning Committee for consideration once this process (including the assessment of the viability information) is complete. However, it should be noted that the application Minutes - JR No. is also currently subject to a holding direction from Welsh Government and once the Planning Committee considers the application, it will have to be passed back to Welsh Government for an actual decision. The application will not be on the agenda for next Planning Committee on 27th July and is likely to come back for consideration in the Autumn. Supplemental Councillor Dr. Johnson sought clarification on the process and decision-making in terms of who would make the final decision regarding the granting of planning permission. Referring to the holding direction received from Welsh Government the Cabinet Member confirmed that the matter would come back to the Council’s Planning Committee in the near future to consider officers’ recommendations. Once the Planning Committee had considered the matter the application would be passed back to Welsh Government for the final decision. (vi) Question from Councillor Dr. I.J. Johnson What is the timetable for a new-build Welsh medium school in Cowbridge? Reply from the Cabinet Member for Education, Arts and the Welsh Language Thank you for your question. The new build Welsh Medium School in Cowbridge proposal will need to be subject to a statutory consultation process. This is provisionally planned for September 2022 and a final determination on the education proposal likely in March 2023. This consultation is required to determine what form of Welsh Medium primary school would be most appropriate based on the statutory considerations outlined in the School Organisation Code. It is anticipated that the funding for the project will form part of the extended Sustainable Communities for Learning Band B programme. This will depend on Welsh Government approval to extend the programme. Projects within the Band B programme must be approved before 2024 and completed by 2026. Based on the current estimated timeframe it is expected that the relevant business case, planning and SAB approvals would be in place by September 2023 to allow construction to begin. The new school would be anticipated to open in January 2025 subject to no delays in achieving the relevant approvals. The Council’s draft Welsh in Education Strategic Plan covering the years 2022 to 2032 requires the new school to be delivered by 2027. Under the current programme the Council aims to deliver the new school by 2025. However, this is subject to the necessary funding being in place and the outcome of the relevant stages of the decision making process. Minutes - JR No. Supplemental Councillor Dr. Johnson enquired if any lessons had been learned from the Barry Waterfront development. The Cabinet Member confirmed that there had been and she would be happy to discuss these with Councillor Dr. Johnson further. (vii) Question from Councillor M.J. Hooper Given the upcoming changes at Westminster, and especially cognisant of Boris Johnson's personal agenda, have the Council identified any new risks to the levelling up funding bid, and what are they doing to mitigate said risks? Reply from the Executive Leader and Cabinet Member for Performance and Resources The scope of the Levelling Up Round 2 remains unchanged and changes within Westminster have not impacted on bid development. The Portal for submission of bids had opened and the Council bid would be submitted shortly. The Council has identified this as a risk in terms of delivery timescales for capital works should the bid be approved. It is hoped that the end dates for delivery or the appraisal window will be amended by UK Government to mitigate against this delay at the start of the process. Supplemental Councillor Hooper, referring to the current Prime Minister leadership contest and to the pledges relating to taxation made by the candidates which economic commentators believed could result in implications for future levelling up funding and shared prosperity funding, asked the Leader if she would consider a review of the risks. Referring to scenario planning by the Project Team, the Leader indicated that they were well ahead in terms of working out the potential implications, but until clarity was achieved within the Conservative party, it was a case of waiting and seeing and then act accordingly. (viii) Question from Councillor C.A. Cave Could the Cabinet Member please explain the criteria for cutting highway verges? Reply from the Cabinet Member for Neighbourhood and Building Services There are set criteria for the various designated areas of the Highways Verge network and the detail of this is as follows: Minutes - JR No. There are 150km of carriageway designated as Strategic Routes within the adopted highway, these are cut during May, July and September throughout the growing season to an average width of 3 metres. There are 655km of carriageway designated as Non-Strategic Routes within the adopted highway, these are cut on one occasion at an average width of 1.2 metres after the 3rd Monday in July to aid users of the carriageway but also to aid / assist the ecological interest of these verges. There are several recognised Vision Splays within the highway network that require cutting at the beginning of the growing season to ensure appropriate vison at these junctions, this would usually take place in May, however within our contract we also have the ability to call upon a second vison splay cut if verge growth requires it. Supplemental Councillor Cave sought an explanation from the Cabinet Member as to why contractors were being allowed to choose when and where they would cut grass verges. She had particular concern that vehicle vision splays were not being appropriately managed. The Cabinet Member indicated that he was not aware of any particular issues in regard to the maintenance of highway verges but gave an assurance that he would investigate the matter. (ix) Question from Councillor C.A. Cave Will the Cabinet Member please give his support to a Rural Roads Policy? Reply from the Cabinet Member for Sustainable Places Thank you for your question and I would advise that I am aware that this matter has already been responded to and addressed via Council questions by the previous Cabinet Member for Neighbourhood Services and Transport. I would concur with his statements and position stated at that time, however, for the avoidance of doubt I would clarify as below for new Members. The Council’s local road network comprises a mixture of road classes and unclassified roads within the rural Vale incorporating country lanes. It is the case with a significant number of both urban and rural roads throughout the Vale that these were not designed or constructed to accommodate the current mix and volume of traffic, pedestrian, cyclist and equestrian users. However, all roads including rural roads and country lanes, must carry a certain composition of traffic to serve the needs of the local population both from a business, work and leisure perspective and motorists who use these roads should do so with appropriate care and consideration for others. It is also accepted that there is a general increase in the use of all roads for various purposes, but this is Vale wide and affects all classes or road both rural and urban. Minutes - JR No. Where specific safety or conflict issues arise along rural roads or country lanes this is already investigated and managed based on specific investigation and evidence obtained in the same was as urban roads to ensure the Council comply with its statutory duty to manage its overall highway network in accordance with the appropriate legislation. There are no requirements for the Council to manage country lanes or rural roads separately or in a different manner to its other local road network and there is no evidence that country lanes are generally unsafe, albeit there is a recognition of a slightly different mix of traffic and infrastructure conditions in managing various elements and classes of road within the Vale’s local road network. Where issues on any country roads are brought to the Council’s attention then these will be fully investigated based on the evidence and risk approach in the same way that all other roads are assessed and managed. As a consequence, and based on the above position, I do not consider that there is a need to have a separate Rural Roads Policy as safety and traffic conditions are already considered specific to each circumstance and section of road based on investigation and evidence whether this is a rural country lane or busy urban road. In summary, the Council’s highways teams review and considers specific concerns on its rural network in the same manner as any other road within the Vale’s local highway network and this is considered adequate, reasonable and a proportionate way to deal with safety issues which may be raised or occur at any time. Finally, and as referenced in one of my previous responses, at a meeting of the Cabinet on 28th February 2022 consideration was given to a reference from the Environment and Regeneration Scrutiny Committee concerning a suggested Rural Roads Policy in the Vale. Cabinet at the time resolved to note the comments of the Environment and Regeneration Scrutiny Committee and subsequent comments from Councillor Morgan and considered further by the next Administration as part of an authority-wide traffic management and road safety policy that linked with both the 20mph default speed limit which she supported. I agree with the previous Cabinet Member’s position on this matter and as I have stated, work to develop an authority-wide traffic management and road safety policy will commence following the implementation of the 20mph default speed limit. Supplemental Thanking Councillor Morgan for his support and campaigning for such a policy, Councillor Cave asked the Cabinet Member if she would accept an invitation to visit her ward to look at issues that had not been addressed by her Cabinet predecessor. The Cabinet Member indicated that she would be happy to visit Councillor Cave’s ward. Minutes - JR No. (x) Question from Councillor G.D.D. Carroll What action is the Council taking in response to the impacts of inflation on the Authority’s budgets? Reply from the Executive Leader and Cabinet Member for Performance and Resources The inflationary pressures are impacting on all of the Council’s finances both revenue and capital. For revenue the Council has been largely protected on rising utility costs having purchased its gas and electric in advance but is seeing pressure coming through on changes to standing charges. Negotiations are ongoing on the 2022/23 pay award and it is looking likely that the 3% set aside will be insufficient. Services are managing their budgets tightly to ensure the Council’s finances are as robust as possible. Regular sessions are held to discuss budget pressures across all Directorates. You will also be aware that regular revenue (and capital) monitoring reports are brought before Cabinet (and all Scrutiny Committees) so that the budgets can be monitored and where necessary, action taken to address emerging issues. Pressures are also coming through in Capital and again the finance team are working with service managers to understand the impact of rising prices at a scheme level. As part of this work we are ascertaining progress on schemes, whether work is under way, contracts agreed or work still out to tender. Managers are having to value engineer schemes to keep to agreed cost envelopes. In particular cases, such as with key projects that are funded via Welsh Government (21stC schools being a key example), discussions are held to establish whether inflationary pressures can be factored into any awards. Finally, all be aware that the Council does hold specific reserves (both revenue and capital) which are available to be used as a consequence of cost pressures, including inflationary increases. Supplemental Councillor Carroll enquired if the Leader anticipated a draw down from reserves and what this amount would be. The Leader pointed out to Councillor Carroll that this had been set out in recent reports to the Corporate Performance and Resources Scrutiny Committee and the Governance and Audit Committee. Those reports referred to reserves that could be used and would be used if deemed necessary and it was just as well the Council had these. Minutes - JR No. (xi) Question from Councillor G.D.D. Carroll Will the Cabinet Member please provide an update on action the Council is taking to improve highway infrastructure on Llandough Hill? Reply from the Cabinet Member for Neighbourhood and Building Services Thank you for your question, however, it is unclear exactly what information you are looking for regarding the highway infrastructure on Llandough. I can confirm that Llandough Hill is recorded as adopted highway and the Council as local highway authority has a duty to maintain it at public expense under Section 41 of the Highways Act 1980. I am unaware of any other infrastructure on Llandough Hill that you may be referring too. Perhaps if you could elaborate, I would be happy to respond further. Supplemental Councillor Carroll asked the Cabinet Member if he would support the resurfacing of the road. The Council’s three year plan which provided a method whereby individual roads were identified and prioritised for resurfacing through consideration of several specific criteria, which included but was not limited to road classification, ongoing maintenance costs, customer complaints and third party claims. The process enabled the Council to implement an annual programme of resurfacing works on a priority basis so as to manage its highway asset in the most cost effective and beneficial manner subject to the funding available annually for such works. The three year plan had recently been updated and was presented to Cabinet on 7th July, 2022 and the Environment and Regeneration Scrutiny Committee on 12th July, 2022. The agendas and minutes of these meeting were available, as he pointed out to Councillor Carroll, via the Council’s website. That Cabinet report identified that Llandough Hill was identified as scoring 195 points on the three year Resurfacing Plan and it was anticipated, based on current funding available in the current financial year, that resurfacing works would be undertaken to roads scoring a total of 210 points or above. Therefore it was unlikely that the road would be resurfaced in the current financial year, although the position would be reviewed again in 2023. (xii) Question from Councillor R.R. Thomas Will the Leader confirm how many potholes have been reported to the Council within the town of Penarth in the last 12 months? Reply from the Executive Leader and Cabinet Member for Performance and Resources I am informed that 126 carriageway defects have been reported to the Council from July 2021 to June 2022. All of these reported defects have been inspected Minutes - JR No. to ensure they meet the intervention criteria set by the Council. The criteria is available on the Council’s website and the Environment and Regeneration Scrutiny Committee had also discussed this recently. In addition, the Council’s Highway Inspectors have raised some 242 actionable carriageway defects in Penarth from July 2021 to June 2022. Some of these defects will be in the 126 reported defects identified above. Whilst we regularly inspect all our highways, as has been detailed, defects will appear in between these inspections. We therefore encourage all residents to use the ‘report it’ feature on our website if they are concerned about a pothole, or alternatively to telephone our contact centre with this information. Supplemental Councillor R. Thomas, referring to the Council’s report which only identified one road which required resurfacing which he was disappointed with, asked the Leader why residents of Penarth were low on the Council’s priority list and invited her to visit the ward with him to walk and speak to residents on the issue. The Leader indicated that she regularly walked and cycled around the Plymouth ward for a number of reasons and that at a recent visit to the ward she only identified three potholes which had already been assessed for repair and since that time the work had been undertaken. She reminded Councillor Thomas that she regularly reported potholes for repair and recounted from emails she had retained for her records that she had reported a number of defects to road across Penarth in 2017 and 2018. In 2019 she had reported 132 defects and one road where she had reported potholes had since been resurfaced. In 2020 she had reported 5 defects and in 2021 she had reported a further 47 defects across various locations in Penarth. She also pointed out to Councillor Thomas that she also took the time to report street bins that required emptying, street lights that were not working and graffiti. She was not only a voice for the community in the Council but an effective Councillor. She also reminded Councillor Thomas of the reporting feature on the Council’s website and suggested that he walked his ward and reported any potholes which she had no doubt would be repaired if they met the Council’s repairs criteria. (xiii) Question from Councillor G. Bruce Why has the Council not taken action to ensure adequate school transport provision is put in place for pupils travelling from Rhoose Primary to Cowbridge Comprehensive following catchment area changes to protect the education continuity of pupils attending Cowbridge? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Free home to school transport is provided to secondary aged pupils who live three or more miles from their catchment school. Minutes - JR No. Transport is provided for any pupil who qualifies either on distance grounds or because they do not have an available walking route to school, if they attend their catchment area school. This is and has been the Authority’s position and is part of the school and college transport policy which can be found on the Council’s website. Pupils moving up from Rhoose Primary to Cowbridge Comprehensive in September 2022 will be allocated free school transport, as long as they live in catchment. Parents are able to apply to any school they wish, but as outlined in the Policy if it is non-catchment parents/carers will be responsible for transport provision. The change of catchment for Cowbridge Comprehensive, that included Rhoose moving into catchment was, as other changes in school catchments have been, a phased approach. The change came in for Year 7 in September 2021 and will be for both Year 7 and Year 8 in September 2022. The Council does not change the catchment for all year groups at the same time. If that was to happen, in this particular case, then all pupils who attended Llantwit Major Comprehensive and live in Rhoose would all be out of catchment and not qualify for free school transport. That would affect close to 230 pupils who live in the Rhoose area and who knowingly choose to attend at that time their catchment school, Llantwit Comprehensive. The Council has fulfilled its statutory duty and continues to provide transport for pupil who attend their catchment school. I am aware of issues raised with regards costs for the private bus that runs from Rhoose to Cowbridge Comprehensive which is in part due to a lack of pupils not needing to purchase seats on this bus as they now travel for free on a Council contracted school bus. However, I will refer to another private bus that ran from the Ely area of Cardiff to Cowbridge Comprehensive that another operator decided to cancel at the beginning of this year. This was not due to lack of passengers, it was a decision made by the operator for business reasons. The Council has no control over the running of private services and as such operators can make decisions on fares, whether or not they run a service or the route the bus may take without consultation (xiv) Question from Councillor C.P. Franks Will the Cabinet Member indicate the additional tax burden falling on the Vale of Glamorgan Council in respect of the proposed increase in National Insurance contributions imposed by the UK Government? Minutes - JR No. Reply from the Executive Leader and Cabinet Member for Performance and Resources The direct impact of the NI increase in 2022/23 was calculated as part of the Budget proposals to be £1.034m – this figure includes all schools. In terms of the indirect impact on for instance social care providers – we haven’t been able to put a figure on this as we do not have sufficient detail on our suppliers pay and the increases to Social Care Providers for 2022/23 would reflect the RLW increase and other inflationary impacts such as energy costs. Supplemental Councillor Franks sought an assurance from the Leader that all front line services would be protected in the face of increased National Insurance contributions. The Leader referred to the fact that the increase had been budgeted for as part of the Council’s budget setting process and alluded to approximately £1m of additional costs that had been accounted for. The budget setting process for the previous financial year identified £24m shortfall and that the Council had received a good budget settlement from the Welsh Government. However, she did not know what the settlement would be for the future financial year, but it was unlikely that it would be at the same level. Alluding to the forthcoming budget setting process that the Council would be undertaking, this would need to take account of a number of additional financial challenges and she specifically referred to energy prices and inflationary pressures. She would do all that was humanly possible to protect services starting with the most vulnerable. (xv) Question from Councillor C.P. Franks The Cabinet Member will be aware of increasing concerns in Dinas Powys regarding road safety. Will you indicate what measures are being implemented to make our streets safer? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Thank you for your question, however, I note that you do not provide any specific details relating to your road safety concerns and it is therefore difficult for me to respond specifically. The Council receives numerous concerns regarding a variety of aspects relating to road safety throughout the Vale and investigates those concerns as appropriate and as far as reasonably practicable given the current resource available and its current powers and responsibilities. I would firstly clarify that the Council as local highway authority has a statutory duty under Section 39 of the Road Traffic Act 1988 to undertake studies into road traffic collisions, and to take steps both to reduce and prevent them as far as reasonably practicable and appropriate. To carry out this duty, the Council Minutes - JR No. reviews collision data provided by the Welsh Government on a six monthly basis relating to injury collisions which have occurred within the Vale’s local highway network and considers the evidence and potential contributary factors associated with those collisions. Where necessary based on this analysis and the potential cause of any collision, the Council will consider schemes to improve road safety subject to available funding. This includes Dinas Powys, however, I am unaware of any serious injury collision within the village which require any specific and immediate consideration at this time. There is quite often some confusion over responsibilities with regard to highway safety matters and speed related issues. Although, the Council sets speed limits, the primary responsibility for speed enforcement rests with the Police and the Council has no powers to deal with speeding offences. For this reason, we recommend that contacting South Wales Police should always be the first line of approach taken by members of the public who are concerned about speeding issues in their local area. Alternatively, residents can make a request for speed camera enforcement direct with GoSafe, the Wales Casualty Reduction Partnership, whose primary function is to make Welsh roads safer by reducing road casualties. However, the Council, Police and GoSafe will generally recommend residents consider the setting up of a community speed watch scheme which has proven to helpful deterring speeding in local areas throughout Wales and of which there are many example throughout the Vale. Details can be found on the GoSafe website. In exceptional circumstances, where there is a significant history of personal injury collisions, and where police and/or GoSafe action has failed to reduce speeding offences and improve road safety, the Council will consider introducing further measures to assist with speed enforcement such as traffic calming. Such measures are expensive to introduce and where further measures are considered necessary then those schemes compete for limited Welsh Government grant funding, where in most, if not all cases, the most severe locations are awarded funding. The Council has currently accumulated a significant number of schemes that are awaiting future funding. Finally, you will also be aware of the Welsh Government proposal for 20mph speeding limits in Wales following the issue of advice on 12th July, 2022 by the Head of Neighbourhood Services and Transport. The Senedd also voted on and approved the proposal to reduce the default speed limit from 30mph to 20 mph on restricted roads and residential streets on 12th July, 2022. Council officers are currently working through the requirements of the legislation to understand the implications within the Vale and which roads will be impacted after having successfully taken part in one of eight Welsh Government pilots for the 20mph default speed in St. Brides Major. The default speed limit is due to be implemented in September 2023 and this measure would hopefully address ongoing road safety concerns relating to speed not only in Dinas Powys but throughout the Vale where the limit is to be implemented. I anticipate that the Council will be able to provide further details on the implications for individual areas in Autumn 2022. Minutes - JR No. Supplemental Referring to the necessary investment, policing, enforcement and the lack of safety schemes including the provision of a camera safe scheme in Dinas Powys which volunteers were happy to support if provided the equipment, Councillor Franks asked the Cabinet Member what she was going to do about it. The Cabinet Member referred to her initial response and reminded Councillor Franks that these measures would help address the issues he raised. The Council was taking serious steps to address road safety and reminded Councillor Franks that the Police also had an important role to play in the issue. (vxi) Question from Councillor C.P. Franks In the event of serious flooding of residential and commercial properties what plans exist to safe guard vulnerable people? Reply from the Cabinet Member for Neighbourhood and Building Services The Council’s Civil Protection Unit (CPU) operate a 24/7 365 duty officer system to respond to emergencies. The CPU works with other service areas to respond and if necessary will open an emergency control room, usually based at the Alps in Wenvoe. In the event of a flooding emergency, officers will contact the Social Services Emergency Duty Team to ascertain if there are any known vulnerable residents within the area, but it should be noted these would only be if they are social services clients. Welsh Government are working on a system called JIGSO which is a web service that allows the user to be able to search a specific area of a map and identify the properties within which are vulnerable citizens who may require assistance during an emergency such as flooding/snowfall or perhaps an area being affected by smoke. For example, the user can draw a circle/polygon around an area and within a matter of minutes, be able to identify which households require assistance. This will allow vulnerable citizens to receive priority assistance to prepare for an emerging incident, receive additional support as a result of an event e.g. water bottles, or evacuate if required. In the case of Storm Bella in 2020, to obtain data on which properties required assistance took some time, with JIGSO this information can obtained in a couple of minutes. The maps can also be changed i.e. a black and white map just showing outlines or perhaps a satellite map (similar to Google Earth but in more detail) can be selected. The system, which is unique to the UK, now means that data is now available within minutes detailing the most vulnerable citizens in our communities so they can be supported when an incident occurs. In addition the CPU has produced a new Community Flood Plan and Extreme Weather Guidance, that explains how to prepare a Community Flood Plan. This Minutes - JR No. plan can be completed by households and as a community or flood group. This can help communities develop local level plans that will assist local communities and groups to identify and prepare plans for any vulnerable residents within their local community who may need extra assistance, guidance can be found on the Council’s website where you will also find further information and guidance, for residents and businesses, on what to do before, during and after a flooding event. Supplemental Referring to the recent flooding events in Dinas Powys Councillor Franks asked the Cabinet Member if he would reconsider the level of support from the Council in future to vulnerable residents. Disagreeing with Councillor Franks’ assessment of the support provided by the Council during the recent flooding events having seen related reports, it was his view officers had worked hard to support affected residents. (xvii) Question from Councillor J.E. Charles Will the Cabinet Member please outline the Council’s waste recycling targets and confirm if these are being met. Reply from the Cabinet Member for Neighbourhood and Building Services The last measured recycling and the minimum Local Authority recovery (recycling, preparation for re-use and composting) target was 64% (2019 / 2020). The Council had to achieve a recycling rate of 64% within this target year and thereafter up until 2023 / 2024. During the target year of 2019 / 2020, the Council recorded a recycling rate of 70.3% exceeding the statutory target. The next measured target will be 70% by 2024 / 2025. At present, the Council continues to exceed the statutory targets and it is currently the second highest performing Council in Wales and on target to achieve and exceed the 2024 / 2025 target. Supplemental Referring to the current emergencies, Councillor Charles enquired if the Council would make more savings from increasing recycling and reuse rates. The Cabinet Member indicated that the Council had plans to do this and referred to the new waste transfer station at Cowbridge with a further facility to be provided at the Atlantic Trading Estate, Barry. Minutes - JR No. (xviii) Question from Councillor C.E.A. Champion Will the Cabinet Member consider increasing the number of separated recycling waste bins in the public spaces across the Vale? Reply from the Cabinet Member for Neighbourhood and Building Services There are no immediate plans to provide separated recycling bins for town and rural litter as previous trials affected recycling quality and increased contamination levels due to poor compliance by users with the various separate recycling compartments. However, when the Council’s new recycling plant opens next year there will be greater service flexibility for further trials and hopefully improved compliance due to there being a greater awareness now amongst residents and visitors of the need to effectively recycle all waste. We will therefore plan to undertake further work in this area during 2023. Supplemental Councillor Champion enquired why the Council did not have separated recycle bins when other Councils did. In response the Cabinet Member referred Councillor Champion to his original reply for the reasons.
RESOLVED – (1) T H A T the contents of the report and the draft response to the consultation (attached at Appendix A) be noted and agreed the same for submission to Welsh Government, subject to referral to Corporate Performance and Resources Scrutiny Committee for the Committee's consideration. (2) T H A T Corporate Performance and Resources Scrutiny Committee considers the content of this report and Appendix A and refers any comments back to Cabinet for consideration. Cabinet 2022 (3) T H A T should Corporate Performance and Resources Scrutiny Committee have no comments, that the consultation response be agreed for submission. (4) T H A T, subject to Resolutions (1), (2) and (3), authority be granted to the Director of Corporate Resources to submit the Council's consultation response to the Welsh Government by the deadline of 22nd July, 2022. Reasons for decisions (1) To enable the Council to respond to the Consultation on Statutory Guidance and Directions made under the Local Government Act 2000, the Local Government (Wales) Measure 2011 and the Local Government and Elections (Wales) Act 2021. (2) To enable the view of the Scrutiny Committee to be sought prior to submission. (3) To enable the recommendations to be agreed, without reference back to Cabinet if appropriate. (4) To enable the response to be submitted by 22nd July, 2022. C23 UPDATE ON ACTIVE TRAVEL NETWORK MAP 2021 SUBMITTED TO WELSH GOVERNMENT (SP) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Active Travel (Wales) Act 2013 placed duties on local authorities in Wales to map, plan for, improve and promote opportunities for active travel. Initial Active Travel Network Maps (ATNMs) were approved by Welsh Government (WG) in November 2017 and updated ATNMs must be submitted to WG every three years. Sustrans Cymru Ltd assisted Council officers with the undertaking of the Active Travel route auditing and production of future routes. A 12-week public consultation on the ATNM took place between 2nd August and 24th October, 2021. Three amendments to the ATNM were made following the consultation which were agreed by Cabinet following consideration by the Council’s Environment and Regeneration Scrutiny Committee. The Council’s approved ATNM was submitted to WG for approval in January 2022 and four essential amendments were required by them to ensure network coherence. The report sought to inform Cabinet of the sections that needed to be added to the ATNM in order for WG to approve the final document. The Deputy Leader advised that the four representations were detailed within paragraphs 2.3 to 2.6 to the report. She also referred to a video that was available on the Vale of Glamorgan website which discussed active travel in more detail. Cabinet 2022 This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the addition of four areas to the previously agreed Active Travel Network Map be endorsed, which would allow it to be approved by Welsh Government. (2) T H A T delegated authority be granted to the Head of Neighbourhood Services and Transport in consultation with the Cabinet Member for Sustainable Places to agree any other minor additions to the Active Travel Network Map over the next three years. Reasons for decisions (1) To obtain approval from Welsh Government on the revised Active Travel Network Map. (2) To allow any future minor additions to be added to the map as required. C24 BARRY DOCKS TRANSPORT INTERCHANGE WELTAG STAGE THREE BUSINESS CASE AND DELIVERY PROGRAMME (SP) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The report provided Cabinet with an update of progress on the Barry Docks Transport Interchange Scheme and sought approval of the WelTAG Stage Three Business Case study. The Stage Three study had been completed by technical consultants Amey and proposed that Option 2 of the study be progressed. Option 2 set out a masterplan for an interchange and related development both north and south of the main line at Barry Docks Station. The report sought authority to progress part of that option as Phase 1 of the delivery of the larger scheme and in accord with the current funding available to the Council. The report set out the current funding arrangements for the capital works and consultancy fee for delivery of the Scheme and advised on the procurement process and choice of works contract. The report sought appropriate delegations of authority to both officers in conjunction with the relevant Cabinet Member to allow the award of works contract following a tender process and the award of funding by the Cardiff City Region and Local Transport Funds (Welsh Government transport funding). Delegations were also sought regarding agreement of such funding awards and the amendment of the Capital Programme once such awards were agreed. Further Cabinet 2022 delegations were sought to enable the signing of the works contract and to enable internal management arrangements to be put in place to deliver the Phase 1 works. The Leader said it was an important report alongside other reports that discussed the delivery of sustainable transport options around one hub around Barry Docks Station as a key travel point for many communities within Barry, particularly when taken in connection with Transport for Wales’ proposals for integrated ticketing for buses and trains and link to active travel options. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the Stage Three WelTAG study setting out the full Business Case for the Barry Docks Interchange scheme be agreed. (2) T H A T authority be granted to the Head of Neighbourhood Services and Transport to progress the preferred Option 2 of the WelTAG Stage 3 Report. (3) T H A T authority be given to the Head of Neighbourhood Services and Transport, in consultation with the Deputy Leader and Cabinet Member for Sustainable Places and the Council’s Head of Finance/Section 151 Officer, to tender Phase 1 of preferred Option 2. (4) T H A T delegated authority be granted to the Head of Neighbourhood Services and Transport, in consultation with the Head of Finance / Section 151 Officer and the Deputy Leader and Cabinet Member for Sustainable Places, to make a contract award for Phase 1 of the Scheme to the most advantageous bidder subject to appropriate funding and other approvals being in place. (5) T H A T delegated authority be given to the Monitoring Officer/Head of Legal and Democratic Services to negotiate contract terms, to complete contract arrangements and execute the associated contract documentation with the preferred contractor emerging from the tender process. (6) T H A T delegated authority be given to the Head of Finance/Section 151 Officer to amend the Capital Programme to reflect the external funding for the scheme once funding award letters have been received from the Cardiff City Region and Merthyr Council acting as the lead authority for the Metro Plus programme (LTF). (7) T H A T delegated authority be granted to the Head of Neighbourhood Services and Transport, in consultation with the Deputy Leader and Cabinet Member for Sustainable Places, the Head of Neighbourhood Services and Transport, Monitoring Officer/Head of Legal and Democratic Services and the Head of Finance/Section 151 Officer. to enter into an appropriate contract with an Electric Vehicle services provider in relation to any charging infrastructure provided within the Barry Docks Interchange scheme. Cabinet 2022 Reasons for decisions (1) The Welsh Government’s Guidance on funding new transport schemes was set out in the WelTAG Guidance 2017. The Guidance required new schemes to have a valid Business Case in place before funding was agreed for scheme delivery. (2) In order that the preferred scheme be identified and agreed. (3) To provide authority to the Phase 1 tender process. (4) To authorise the contract award decision given the nature of the external funding deadlines (5) To provide delegated authority for the Head of Legal to complete the contract arrangements. (6) To allow the Capital Programme to be updated to facilitate expenditure on the scheme. (7) To allow for the co-ordination of an EV supplier as part of the scheme. Cardiff City Region had been progressing charging points for taxi services across the region and a contracted supplier was in place in respect of those locations. Integration of service providers appeared to be a sensible opportunity but authority to enter into appropriate contracts was required. C25 CONSULTATION ON THE PROPOSAL TO TRANSFER SPECIALIST RESOURCE BASE AT LLANDOUGH PRIMARY TO YSGOL Y DDRAIG (EAWL) (SCRUTINY – LEARNING AND CULTURE) – The report sought Cabinet approval to consult on the proposal to permanently relocate the Specialist Resource Base (SRB) at Llandough Primary School to Ysgol Y Ddraig from January 2023. The proposal was presented under section 2.3 of the School Organisation Code (2018). Section 2.3 of the School Organisation Code referred to Regulated Alterations of a school, and if accepted by Cabinet, would be subject to the relevant statutory consultation as set out in the body of the report. The current SRB provision at Llandough Primary School moved to Ysgol Y Ddraig on a temporary basis during the COVID-19 pandemic to ensure social distancing and a safe learning environment could be maintained. The Council investigated the options available to deliver the provision from an alternative school site which had the space that would allow social distancing, good ventilation, and safe use of pupil toilets. That space was found at Ysgol Y Ddraig primary in the west of the Vale of Glamorgan. The agreed arrangement was temporary and reviewed regularly, with a view that the base would return to Llandough Primary School when COVID restrictions eased. Cabinet 2022 Local authority officers from Building Services had surveyed the accommodation at Llandough and concluded that extensive re-modelling of the ground floor section of the school would be required in order to provide a functional space for the provision going forward. In addition, because of the limitations of the site, any remodelling would not create the same standard of environment as could be offered at Ysgol y Ddraig which was a newly built facility with all the benefits of a 21st Century school. Councillor Williams was interested to see the outcome of the consultation and looked forward to the discussion at Scrutiny. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the Director of Learning and Skills be authorised to undertake a consultation on the proposal to transfer the Specialist Resource Base (SRB) at Llandough Primary to Ysgol Y Ddraig from January 2023. (2) T H A T the report be referred to the Learning and Culture Scrutiny Committee for consideration as part of the proposed consultation exercise. Reasons for decisions (1) To seek Cabinet authority to carry out a statutory consultation in compliance with the requirements of the School Standards and Organisation (Wales) Act 2013 and the School Organisation Code 2018 on the proposal to transfer the Specialist Resource Base (SRB) at Llandough Primary to Ysgol Y Ddraig from January 2023. (2) To ensure that the Learning and Culture Scrutiny Committee be consulted on the proposals. C26 TEMPORARY HIGHWAY TRADING LICENCES (NBS) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Council had a detailed policy in place for issuing temporary trading licences for businesses wishing to trade on the public highway. Most highway trading licences were requested for space on public footways and there were no current issues with the arrangements for these licences. Temporary highway trading licences were also issued for Parklets. Parklets were small purpose- built external trading units purchased to assist businesses in Penarth as a pilot project during the pandemic but placed in the live carriageway. The success or otherwise of these was currently being assessed and would be the subject of a future report to Cabinet later in the financial year. Cabinet 2022 The report considered the long term trading options and associated public realm issues relating to Penarth Esplanade area and the implications of this on the 3 businesses which were currently required to remove their outside trading arrangements from the highway at this location on 30th June, 2022 and the knock on effect of this to 1 business at Barry Island, similarly affected. Significant public realm work had been undertaken on Penarth Esplanade, the Pier and Pier Pavilion since 2021, and it was important that all decisions relating to the current and future operation of land the Council controlled at this location were carefully considered, in order to ensure that the full public value of the work already undertaken was obtained and that the area continued to thrive as a visitor destination and an attractive place to live. The businesses currently benefitting from the trading licences ‘on carriageway’ at the Esplanade and at Barry Island had all indicated their wish to have new licences. All had previously been issued with notice that their licences would end on 30th June, 2022. There had been significant public interest in the matter of the Esplanade trading licences with widely contrasting views as to whether the al fresco trading arrangements were successful or an annoyance. Due to the importance of the area and the Council’s wish for its continued development as a high-quality visitor attraction and residential location, it was proposed that a comprehensive engagement and public consultation exercise be undertaken, following the consideration of the report to establish views from all interested parties as to the longer term public realm, trading and associated transportation arrangements. It was further recommended that during the consultation period, the existing trading arrangements at the Esplanade and Barry Island be allowed to continue under temporary licence, with certain caveats, and on a month by month basis. Due to the time restrictions between the report and the expiry date of the current trading licences of 30th June, 2022, use of the ‘urgency procedure’ was requested in relation to the trading situation. The Cabinet Member stressed that the consultation would look to cover the viewpoints from local residents, businesses, and visitors to the area. Councillor Sivagnanam said that the Council wanted to be collaborative and talk to all stakeholders concerned as part of the consultation. The newly formed Penarth Living Streets Group had recently held lectures that discussed the concept of what people felt Penarth should look like and the consultation would draw on similar discussions. The Council had been keen to support business during Covid so that they were able to continue to function and changes were made to the public space on the Esplanade and Penarth Town Centre using emergency powers as a result of the pandemic but without consultation at the time. It was now time for the Council to consult on how those areas would look going forward. She encouraged all interested parties to take part in the consultation, once launched, to engage and give a view or contact local ward Members. Cabinet 2022 Councillor Wilson said that the Council had an open mind about the outcome of the consultation and would listen to the people of Penarth, local business and visitors to the area. He also asked to include an additional Recommendation to include local Members, and indeed all Members, in the consultation, or to engage with the consultation as part of Scrutiny Committee, which was agreed. The Leader added that any members of the public who wished to register to speak at Environment and Regeneration Scrutiny Committee and have their opinions recorded would be welcome to do so. She advised she had received emails on the issue already but felt it was not as simple as a binary choice and that a comprehensive consultation would enable a solution that was right for the town. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein and including additional Resolution (9) RESOLVED – (1) T H A T the current position with highway trading licences in place at Penarth Esplanade and Barry Island be noted. (2) T H A T the intention be endorsed for the Director of Environment and Housing using his delegated powers, in consultation with the Monitoring Officer/Head of Legal and Democratic Services, to offer new highway trading licences, on similar terms and conditions to those issued previously, to the following businesses: Casa de Magaritas, Sundowners Champagne Bar, Beachcliff Fish and Chips and Bar, Enzo (Barry Island) in advance of the expiry of the current licenses on 30 th June, 2022. (3) T H A T in pursuance of Resolution (2), it be agreed that the temporary licences above be issued on a month by month basis from 1st July, 2022 and pending the conclusion of consultation and engagement as referenced in Resolution (5). (4) T H A T the Director of Environment and Housing be able to determine the quality and design of all street furniture used in the licenced spaces during the temporary licence period for these four businesses. (5) T H A T delegated authority be granted to the Director of Environment and Housing, in consultation with the Chief Executive, Director of Place, the Leader, and Cabinet Members for Sustainable Places, Neighbourhood and Building Services and Community Engagement, Equalities and Regulatory Services, to determine the details of, and to undertake public consultation on, the longer-term public realm, transport and trading options for the Penarth Esplanade area, the details of which followed the outline as set out in paragraph 2.16 of the report. (6) T H A T a further report be presented to Cabinet for consideration on conclusion of the public engagement and consultation exercise no later than the end of April 2023. Cabinet 2022 (7) T H A T the report be referred to Environment and Regeneration Scrutiny Committee in order for the views of that Committee to be considered as part of the engagement and consultation exercise. (8) T H A T the use of the urgent decision procedure as set out in section 15.14 of the Council’s constitution be exercised in connection with Resolutions (2)-(4) above. (9) T H A T the consultation exercise include local Members and any other Members of that Council who wished to participate. Reasons for decisions (1) To update Cabinet on the current position. (2) To enable the current businesses to continue to operate, and in a suitably controlled manner, whilst the public engagement and consultation arrangement take place. (3) To allow suitable time for conclusion of the public consultation exercise without further recourse to Cabinet on the matter of these particular licences. (4) To ensure that the operation or appearance of these licenced areas can be properly managed and that any issues can be quickly resolved. (5) To permit commencement of a comprehensive public engagement and consultation exercise with input from the relevant officers and elected members as to the specific nature of that exercise. (6) To allow Cabinet to take decisions on the future of the Esplanade area with the benefit of the views of all interested parties. (7) For the views of Environment and Regeneration Scrutiny Committee to be considered. (8) To allow the new licences to be offered and regulated from 1st July, 2022. (9) For the views of all Members to be gathered as part of the consultation exercise, either directly or via Scrutiny Committee. C27 MATTER WHICH THE CHAIR HAD DECIDED WAS URGENT – RESOLVED – T H A T the following matter which the Chair had decided was urgent for the reason given beneath the minute heading be considered. Cabinet 2022 C28 THE LEVELLING UP FUND (ROUND 2) AND UK SHARED PROSPERITY FUND (DL/SP) (SCRUTINY – ENVIRONMENT AND REGENERATION) – (Matter which the Chair had decided was urgent by reason of the need for Cabinet to consider the current proposals for the Levelling Up Fund (Round 2) and UK Shared Prosperity Fund prior to the submission deadlines of 6th July, 2022 and 1st August, 2022, respectively.) The Leader advised there would also be a Part II report later on the agenda that would consider the confidential commercial and economic aspects of the matter. The content of the Cabinet report was time sensitive due to the submission deadlines for the Levelling Up Fund (Round 2) bid and the Investment Plan for the UK Shared Prosperity Fund funding allocation. Since the last Cabinet report (14th March, 2022) UK Government had published guidance for both funding streams and updated the Index of Priority Places for the Levelling Up Fund (Round 2). The Vale of Glamorgan local authority area was now a category 1 area (having previously been a category 2 area). Category 1 represented the highest level of identified need and was one of four bid assessment criteria. Since the publication of guidance for the Levelling Up Fund (Round 2) bidding process and the UK Shared Prosperity Fund, officers had been working at pace with consultants (Rothwell) and with relevant landowners and partner organisations to develop proposals for consideration by the funding body. Cabinet was asked to endorse the emerging Levelling Up Fund (Round 2) bid and Investment Plan linked to the UK Shared Prosperity Fund funding allocation, outlined in Section 2 of the report (and the delivery thereof) subject to legislative provisions, statutory consents and funding. Cabinet was also asked to grant delegated authority for the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to take necessary actions to meet the submission deadlines. Future reports would be brought before Cabinet for consideration as appropriate. With regard to the Levelling Up Fund, the Leader said that the selected projects had been specifically chosen for their fit with the UK Government criteria, but also with the Council’s overall aims for the regeneration of Barry, with the proposals put forward discussed from paragraph 2.10 to 2.15 of the report. The Head of Finance/Section 151 Officer said that the report had been put together within challenging timescales to perform the necessary due diligence. Officers from Finance had worked closely with other Council departments and external advisers to address financial risk, and due diligence would continue as the process progressed to ensure the financial case continued to be monitored during challenging economic circumstances. Cabinet 2022 The Director of Place referred to the local Investment Plan as part of the Shared Prosperity Fund which would be submitted to Rhondda Cynon Taf County Borough Council as the regional partner with responsibility for the fund. The Leader also said that the Shared Prosperity fund was Vale of Glamorgan-wide whereas the Levelling Up fund was focussed on Barry regeneration. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the emerging Levelling Up Fund (Round 2) bid and Investment Plan linked to the UK Shared Prosperity Fund funding allocation be noted and endorsed, subject to the appropriate legislative provisions, statutory consents and funding. (2) T H A T the Director of Place be confirmed as the Senior Responsible Owner for the Levelling Up Fund (Round 2) bid. (3) T H A T delegated authority be granted to the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to submit a grant application and associated funding packages, including contributions from sources identified for regeneration purposes in paragraphs 4.2 - 4.4 (inclusive) of this report, for the Levelling Up Fund (Round 2) bid on behalf of the Vale of Glamorgan Council. (4) T H A T delegated authority be granted to the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to negotiate and agree terms with relevant landowners and partner organisations pursuant to the development and submission of the Levelling Up Fund (Round 2) bid. (5) T H A T the response by the UK Government to the Levelling Up Fund (Round 2) bid be reported back to Cabinet in due course together with more detailed budget management and governance arrangements relating to the delivery of any successful bid. (6) T H A T delegated authority be granted to the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to submit and take all necessary actions to finalise a regional (South East Wales) Investment Plan linked to the UK Shared Prosperity Fund funding allocation on behalf of the Vale of Glamorgan Council. Cabinet 2022 (7) T H A T the finalised regional Investment Plan linked to the UK Shared Prosperity Fund funding allocation be reported back to Cabinet in due course together with more detailed budget management and governance arrangements relating to the local delivery of the Investment Plan. (8) T H A T delegated authority be granted to the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to undertake all necessary actions to agree the terms of the Service Level Agreement for the UK Shared Prosperity Fund funding allocation. (9) T H A T delegated authority be granted to the Monitoring Officer/Head of Legal and Democratic Services to prepare, complete and execute the Service Level Agreement for the UK Shared Prosperity Fund funding allocation. (10) T H A T the use of paragraph 15.14.2(ii) of the Council’s Constitution (urgent decision procedure) be authorised in respect of the above recommendations. Reasons for decisions (1) To apprise Cabinet of the current position and to obtain endorsement from Cabinet for the emerging Levelling Up Fund (Round 2) bid and Investment Plan linked to the UK Shared Prosperity Fund funding allocation and the delivery thereof subject to legislative provisions, statutory consents and funding. (2) To meet an eligibility requirement for the bid. (3) To obtain authority to submit a bid for the Levelling Up Fund (Round 2) in line with the submission deadline of 6th July, 2022. (4) To obtain authority to negotiate and agree terms with relevant landowners and partner organisations pursuant to the development and submission of the Levelling Up Fund (Round 2) bid. (5) To report back to Cabinet on the success or failure of the Levelling Up Fund (Round 2) bid and any advice received from the funding body. (6) To obtain authority to submit and finalise an Investment Plan linked to the UK Shared Prosperity Fund funding allocation in line with the submission deadline of 1st August, 2022. (7) To report back to Cabinet on the development of the Investment Plan linked to the UK Shared Prosperity Fund funding allocation and any advice received from the lead authority and funding body. (8) To obtain authority to agree the terms of the Service Level Agreement for the UK Shared Prosperity Fund funding allocation. Cabinet 2022 (9) To obtain authority to prepare, complete and execute the Service Level Agreement for the UK Shared Prosperity Fund funding allocation. (10) In recognition of the submission deadlines. C29 EXCLUSION OF PRESS AND PUBLIC – RESOLVED – T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading. C30 THE LEVELLING UP FUND (ROUND 2) AND UK SHARED PROSPERITY FUND (DL/SP) (EXEMPT INFORMATION – PARAGRAPHS 14 AND 16) (SCRUTINY – ENVIRONMENT AND REGENERATION) – (Matter which the Chair had decided was urgent by reason of the need for Cabinet to consider the current proposals for the Levelling Up Fund (Round 2) and UK Shared Prosperity Fund prior to the submission deadlines of 6th July, 2022 and 1st August, 2022, respectively.) The content of the Cabinet report was time sensitive due to the submission deadlines for the Levelling Up Fund (Round 2) bid and the Investment Plan for the UK Shared Prosperity Fund funding allocation. The report set out the initial advice provided by the external law firm DWF (Appendix 1) and the matters which would need to be progressed in relation to the subsidy control element of the bid subject to the bid being compliant and as the bid component projects progressed. The report also set out the matters which the Council’s Head of Finance / Section 151 Officer would need to give consideration to and provide a declaration on. The Operational Manager, Legal Services said that should the bid be successful after the first stage, the next step would be to finalise the relevant work for satisfaction of the Subsidy Control Principles. The Chief Executive said that most Councils involved in the submission of Levelling Up bids would be going through similar deliberations. There would be opportunities to explore feasibility and legal options as the matter progressed. He also thanked Officers for the huge amount of work that had gone into the preparation of the reports for Cabinet to consider concerning the legalities and finance matters. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein Cabinet 2022 RESOLVED – T H A T the initial subsidy control advice and the matters to be progressed be noted. Reason for decision To appraise Cabinet of the initial subsidy control advice and the matters to be addressed. Cabinet 2022
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2018/01408/FUL Received on 21 January 2020 (P. 52) APPLICANT: Hafod Housing, C/o Agent AGENT: Mr Steffan Harries, LRM Planning, 22, Cathedral Road, Cardiff, CF11 9LJ Former Cowbridge Comprehensive School, Aberthin Road, Cowbridge Proposed demolition of existing school, development of 34 dwellings (30 flats and four houses) and associated works including the construction of bespoke bat roost, access/parking and landscaping APPROVED – Subject to the conditions as contained within the report and with amended and additional informatives as below: Amended informative: The applicant is required to contact Highway Maintenance team networkmanagement@valeofglamorgan.gov.uk prior to carrying out any works on site adjacent to the adopted highway to agree location, specifications and for permission to work within the highway. All associated costs of undertaking the works will be at the applicant’s own expense to ensure all works on the adjacent highway will be undertaken in accordance with the Council’s standard details for adoption and in the interests of highway safety. The developer must enter into a Section 278/S38 Agreement with the Highway Authority before undertaking works along the adjacent highway. Additional Informative: The applicant shall note that a minimum of 12 weeks’ notice is required to implement Temporary or Permanent Traffic Regulatory Orders should the closure or other Order be agreed. Requests for any such Orders must be submitted in writing to Operational Manager Highways and Engineering, Alps Depot, Wenvoe, Vale of Glamorgan. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/00622/FUL Received on 18 May 2022 (P. 91) APPLICANT: Kestral Construction and Hafod HA Agent: Mr Liam Griffiths Asbri Planning Ltd., Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS 81-85, Holton Road, Barry Part demolition, extension and conversion of the upper floors of no. 81 – 85 Holton Road to provide 25 no. residential flats, internal and external alterations and associated works. RESOLVED – T H A T, subject to the amended S106 resolution as follows: • The developer pays £54,996 for the provision or enhancement of educational facilities in schools serving the development for Secondary school children. • The developer pays a contribution of £57,500 towards sustainable transport facilities in the vicinity of the site. • The developer provides public art on the site to the value of 1% of the build costs or otherwise pays a contribution to the same value to the Council. • The developer pays a contribution of £66,700 towards providing or enhancing public open space in the vicinity of the site. AND • The units shall only be occupied as affordable housing that meets the definition of affordable housing in Annex B of the Welsh Government Technical Advice Note 2 on Affordable Housing, or any future guidance that replaces it. • The developer pays the legal and implementation/monitoring fees for the S106 agreement. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01123/FUL Received on 28 February 2022 (P. 120) APPLICANT: DS Properties (Good Shed) Ltd c/o Agent AGENT: Gwen Thomas Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS Land to the South and West of The Goodsheds, Hood Road, Barry Proposed development of tourist accommodation, employment spaces and associated works on the setting of the listed Pumphouse, impact on residential amenity, parking and highway safety, and drainage. Having regard to these and other material considerations the application is recommended for APPROVAL, subject to conditions. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01242/FUL Received on 23 August 2021 (P. 137) APPLICANT: Mr Paul Booth, Littlemoor Farm, Squire Street, Llysworney, CF71 7NQ AGENT: Mr Alex Veitch, Bourne House, Cores End Road, Bourne End, SL8 5AR Land adjacent Littlemoor Farm, Squire Street, Llysworney Erection of a detached dwelling; detached garage with first floor accommodation; landscaping; and associated works REFUSED – (1) Having regard to the Council’s duties under Section 72(1) of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990, it is considered that the development would harm the character and appearance of the Llysworney Conservation Area by reason of its size, scale, urbanising effect and the significant disruption of a significant view. It is therefore contrary to Policies SP1 - Delivering the Strategy, criterion 1 of SP10 – Built and Natural Environment, criteria 1, 2 and 10 of MD2 - Design of New Development, criteria 3 and 4 of MD5 – Development within Settlement Boundaries and criterion 1 of MD8 – Historic Environment of the Vale of Glamorgan Adopted Local Development Plan 2011-2026; as well as the advice and guidance contained in Planning Policy Wales (11th ed.) and TAN12 – Design. (2) The proposals would result in the unnecessary loss of a significant number of trees which have biodiversity and habitat value, climate benefits, and contribute positively to local amenity and the character and verdant setting of the Llysworney Conservation Area. The development is therefore contrary to Policies SP1 – Delivering the Strategy, criterion 1 of SP10 – Built and Natural Environment, criteria 10 of MD2 – Design of New Development, criteria 3 and 4 MD5 – Development within Settlement Boundaries and Policy MD9 – Promoting Biodiversity of the Vale of Glamorgan Adopted Local Development Plan 2011-2026; as well as the advice and guidance contained in Planning Policy Wales (11th ed.) and TAN12 – Design. (3) In the absence of a Section 106 agreement, adequate provision for affordable housing has not been secured, contrary to policies MD4 (Community Infrastructure and Planning Obligations) and MG4 (Affordable Housing) of the LDP and the Council’s Affordable Housing SPG. Reason for decision The decision to recommend refusal of planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well-being of Future Generations (Wales) Act 2015. The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. 2022/00046/FUL Received on 20 January 2022 (P. 159) APPLICANT: Nigel Arnold Architect, 5 Penarth Head Lane, Penarth, CF64 1BB AGENT: Nigel Arnold, Nigel Arnold Architect, 5 Penarth Head Lane, Penarth, CF64 1BB 4, Park Road, Penarth Removal of 1950s external concrete stair. Construction of new part internal stair and lift shaft pod. Reinstatement of top floor side window as original. Removal of concrete surrounds to front top floor window and reinstatement with Bathstone surrounds to wider windows. Replacement of rendered flat roof side dormer window with new pitched roof dormer. Construction of top floor rear extension and balcony. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2022/00155/FUL Received on 14 March 2022 (P. 172) APPLICANT: Darren Evans, 32, Merthyr Dylan Road, Barry, CF62 9TG AGENT: Andrew Skinner, 36, Coychurch Road, Bridgend, CF31 3AP Land off Porthkerry Road, Rhoose Construct 1.8m high feather edged fence and blackthorn hedgerow planting to approximately 50m of boundary to land off Porthkerry Road REFUSED – (1) T H A T, by reason of its siting, design, and the distinctly rural appearance of the landscape, the fence at this prominent plot fronting Porthkerry Road adversely impacts the visual amenity of the countryside and harmfully dilutes the consistent rural and verdant character, which is a key landscape feature of this area. The development is, therefore, contrary to Policies MD1 and MD2 of the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and the advice contained within Technical Advice Note 6 and 12 and Planning Policy Wales 11th Edition. (2) T H A T the Head of Legal Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require: • the removal of the fence and resulting materials from the land or reduction of the fence to a height of not more than 1 metre above ground level. (3) T H A T, in the event of non-compliance with the Notice, authorisation be granted to take such legal proceedings as may be required. Reason for decision The decision to refuse planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. The proposed fence has an unacceptable impact on the visual amenity of the countryside and is therefore contrary to Policies MD1 and MD2 of the Local Development Plan. It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well-being of Future Generations (Wales) Act 2015. The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. 2022/00401/FUL Received on 28 March 2022 (P. 186) APPLICANT: Mr and Mrs Markos, and Markella Asprou 3 White House, Barry, CF62 6FB AGENT: Mr Tasos, Asprou Studio 2, The Coach House, Stanwell Road, Penarth, CF64 3EU 3, White House, Barry Single and two storey extensions to the front and rear of property to include annex; single storey extension to the side, including material and other alterations. Rear terrace and alterations to front boundary treatments. Internal alterations APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting.
RESOLVED – T H A T the applications as outlined within the report on pages 37 and 38, as determined by the Head of Regeneration and Planning under delegated powers, be noted.