Ffyrdd, tyllau, parcio, bysiau, beicio, cerdded a chyfyngiadau cyflymder.
Beth mae cynghorau'n ei wneud
Mae cynghorau'n gofalu am ffyrdd a phalmentydd lleol, goleuadau stryd, parcio a diogelwch ar y ffyrdd, ac yn cefnogi gwasanaethau bws na fyddai'n rhedeg fel arall. Llywodraeth Cymru sy'n gyfrifol am draffyrdd a chefnffyrdd.
Pwy sy'n penderfynu
Yr aelod Cabinet dros drafnidiaeth sy'n arwain. Mae gorchmynion traffig, fel terfynau cyflymder newydd neu gyfyngiadau parcio, yn cael eu hysbysebu cyn eu gwneud.
Dweud eich dweud
Rhowch wybod am dyllau yn y ffordd a goleuadau stryd wedi torri i'r cyngor neu drwy FixMyStreet. Gallwch wrthwynebu gorchymyn traffig arfaethedig yn ystod ei gyfnod hysbysu.
Mewn rhifau
Mae cynghorau Cymru yn bwriadu gwario £107 y pen ar hyn yn 2026-27.
Mae'n amrywio o £62 yn Bro Morgannwg i £166 yn Ynys Môn.
Pobl a laddwyd neu a anafwyd yn ddifrifol ar y ffyrdd: 38 fesul 100,000 o bobl ar draws Cymru (2025).
RESOLVED: Pursuant to this Committee’s delegated powers the following development management applications be determined in accordance with the recommendation set out in the reports of the Director of Planning, Transport and Environment, subject to any further amendments as detailed below and notification be given of the decisions in accordance with Section 70 of the Town and Country Planning Act 1990 or Section 74 of the Planning (Listed Building & Conservation) Act 1990.
APPLICATIONS GRANTED SUBJECT T ENTERING INTO A BINDING SECTION 106 AGREEMENT
21/02863/MJR – LLANISHEN
30-36 Fishguard Road, Llanishen, Cardiff, CF14 5PQ
Proposed development of existing garages and erection of new attached development to form flats.
(Councillor Garry Hunt did not take part in the discussion or vote in respect of this application in accordance with his prejudicial interest).
RESOLVED –
(1) T H A T Councillor Driscoll failed to comply with paragraph 4 (d) of the
Members’ Code of Conduct which states that “You must not do anything which
compromises, or which is likely to compromise, the impartiality of those who work
for, or on behalf of, the authority “insofar as;
- The actions related to the use of Councillor Driscoll’s Council email address
on three occasions for personal interests.
(2) T H A T Councillor Driscoll failed to comply with paragraph 6 (1)(a) of the
Members’ Code of Conduct which states that “You must not conduct yourself in a
manner which could reasonably be regarded as bringing your Council into disrepute”
insofar as
- Councillor Driscoll’s failure to update the Council about the occupancy of 50C
Holton Road which had the potential to impact on the mutual relationship of
trust that existed between the Council its elected Members, and the public.
(3) T H A T Councillor Driscoll failed to comply with paragraph 15 (1)(b) of the
Members’ Code of Conduct “Subject to sub-paragraph (4), you must in 28 days of
your election or appointment to office (if that is later), register your personal interests,
where they fall within a category mentioned in paragraph 10 (2)(a),in your authority’s
Democratic – Decision Notices – Standards Committee
24-07-29 10am (KB)
register of members’ interests by providing written notification to your authority’s
monitoring officer” insofar as
- failure to register an interest in relation to Unit 5 Biglis House which had the
potential to impact on the mutual relationship of trust that existed between the
Council its elected Members, and the public.
(4) T H A T, having regard to the resolutions above and the aggravating factors
relating to a previous Standards Committee decision, which led to Councillor Driscoll
being suspended for one month on that occasion, which included a failure to make a
declaration, Councillor Driscoll be suspended from being a Member of the Vale of
Glamorgan Council for a period of three months.
(5) T H A T Councillor Driscoll be advised of his right to appeal against the
Committee’s determination within a period of 21 days of receiving notification, by
giving notice in writing to:
The Registrar
Adjudication Panel for Wales
Government Buildings
Spa Road East
Llandrindod Wells
Powys
LE1 5HA
and that the notice of appeal must specify:
- the grounds for appeal, and
- whether or not the person giving notice of the appeal consents to the appeal
being conducted by way of written representations.
(6) T H A T, subject to an appeal (if any) the findings of the Standards Committee
as detailed in Resolutions (1) – (4) above be publicised in accordance with the
requirements of the Local Government Investigations (Functions of Monitoring
Officers and Standards Committees) (Wales) Regulations 2001, as amended.
Reasons for decisions
(1-4) Having regard to all the evidence submitted to the meeting of the decisions of
the Committee the mitigating factors presented by Mr. Joseph Broadway on
Councillor Driscoll’s behalf and the mitigating and aggravating factors presented by
the Ombudsman’s representative, Mr. Gwydion Hughes, at the meeting, and in the
interests of promoting and maintaining Ethical Standards in Public Life.
(5-6) To comply with the Local Government Investigations (Functions of Monitoring
Officers and Standards Committees) (Wales) Regulations 2001, as amended.
At the end of the hearing the Chair thanked everyone for their input and for the
professional manner in which they presented their cases with those present being
Democratic – Decision Notices – Standards Committee
24-07-29 10am (KB)
advised that the suspension would commence immediately after Councillor Driscoll
had notified the department that he would not be submitting an appeal. If Councillor
Driscoll did make an appeal, then the suspension would commence on the day after
the expiry of the time allowed to lodge a notice of appeal to an appeals tribunal under
the Regulations (i.e. within 21 days of receiving notification of the Standards
Committee’s determination).
Democratic – Decision Notices – Standards Committee
24-07-29 10am (KB)
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.
2023/01102/RG3 Received on 15 November 2023
(p74)
APPLICANT: Vale of Glamorgan Council Civic Offices , Holton Road , Barry,
CF63 4RU
AGENT: Mr Jon Hurley Unit 9, Oak Tree Court, Cardiff Gate Business Park,
Cardiff, CF23 8RS
Land at Former Eagleswell School, Eagleswell Road, Llantwit Major
Minutes - AR
No.
Temporary housing accommodation and associated works
Deemed planning consent be GRANTED subject to the conditions as contained
within the report as well as an amendment to condition 8 and an additional
condition 14:
Amendment to condition 8
Any part of the rear windows in plots 9-27 that are below 1.7m in height about the
level of the floor in the room that is serves shall be obscurely glazed and fixed in
accordance with details that shall first be submitted to and approved in writing by
the Local Planning Authority. The scheme shall be implemented in accordance
with the approved details prior to the first beneficial occupation of the
development. The windows shall thereafter be retained at all times in accordance
with the approved details.
Addition of new condition
14. Within 12 months of the date of this planning permission, a plan/strategy to
manage the removal of the temporary residential units from the site shall be
submitted to and approved in writing by the Local Planning Authority. The Strategy
will detail the plans to relocate the modular units to alternative sites within the 5-
year period from the grant of planning permission and should include the
commencement of this work at least 18 months prior to the expiry of the planning
permission with the 7 plots 21-27 being identified as those to be removed from the
site first. The plan will detail the proposed method and numbers of units to be
relocated to newly identified sites in batches appropriate to the size of the
receiving site. The temporary residential units shall thereafter be removed from the
site in accordance with the approved details.
Condition 14 Reason:
To ensure that local amenities are safeguarded and to ensure the development
accords with Policies SP1 (Delivering the Strategy), MD1 (Location of New
Development) and MD2 (Design of New Development).
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
2023/00888/FUL Received on 16 April 2024
(p117)
APPLICANT: Mr & Mrs Stuart & Lizzie Reid 4 Cliff Parade, Penarth, CF64 5BP
AGENT: Mr Tim Fry 88 Glebe Street, Penarth, CF64 1EF
4, Cliff Parade, Penarth
Demolition of existing house and construction of replacement dwelling
Minutes - AR
No.
APPROVED - Subject to the conditions as contained within the report.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
2023/00948/FUL Received on 3 June 2024
(p159)
APPLICANT: Marc Lewis 10 Bronheulwen, Porth, Mid Glamorgan , CF39 0BJ
AGENT: Mr Matthew Biggs Suite 212, Morgan Arcade, Cardiff, CF10 1AF
Land off Sandy Lane, Ystradowen
Full planning application for residential development together with engineering,
drainage, landscaping, highways, and other associated works
RESOLVED – T H A T, subject to the below conditions and subject to the
interested person(s) first entering into a Section 106 legal agreement to include
the following necessary planning obligations:
• To secure the provision of the identified 19 affordable housing units on the
site.
• To pay a financial contribution to the sum of £105,800 to contribute towards
the provision of sustainable transport facilities in the vicinity of the site.
• To pay a financial contribution to the sum of £145,992 towards education
requirements arising from the development.
• To pay a financial contribution to the sum of £40,320 to provide / improve
areas of public open space.
• To pay a financial contribution to the sum of £57,960 towards the provision
of new, or enhancement of existing, community facilities in the area, and
• To provide Public Art to the value of 1% of the build costs
In addition to a clause requiring the payment of a fee to monitor and implement
the legal agreement (£7,081.44 in this case).
APPROVED – Subject to the conditions as contained within the report.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
Minutes - AR
No.
2021/01516/FUL Received on 15 September 2022
(p229)
APPLICANT: Mr N Rubenstein c/o DHPC, Lytchett Minster , BH16 6FE
AGENT: Mr Darryl Howells Darryl Howells Planning Consultancy, Unit 6, The
Axium Centre, Dorchester Road , Lytchett Minster, BH16 6FE
Woodside Hamlet, Ham Manor, Llantwit Major
Siting of five proposed tourist pods and wooden platform accesses
REFUSED – Subject to the Reasons for Refusal as contained within the report.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
Minutes - AR
RESOLVED: Council AGREED:
1.
To approve the appointment of Mr Alan Davies as an Independent Non-Executive Director of Cardiff Bus for a term of 3 years, subject to the receipt of satisfactory references.
RESOLVED –
(1) T H A T the proposal of renewing the existing Public Space Protection Orders
for controlled alcohol zones be agreed.
(2) T H A T the contents of the public consultation results and the inclusion of
new restricted areas be noted.
(3) T H A T the proposed additional areas as part of the renewal process be
agreed and incorporated into the Orders.
(4) T H A T the resolutions of Cabinet as regards the report be noted and agreed.
Reasons for decisions
(1) To assist the Council to robustly manage alcohol related Anti-Social
Behaviour at its Resorts, Town centres and Public Open Spaces.
(2) To ensure the Council has considered the views of the public and other
stakeholders and the Orders reflected current issues.
(3) To ensure the Council and Police had the appropriate powers to protect the
quality of lives of those who lived, worked and visited restricted areas and to permit
the majority of the law-abiding citizens to use and enjoy public spaces, safe from
anti-social behaviour.
(4) The introduction and renewal of Public Space Protection Orders was a matter
for determination by Full Council and to ensure their prompt introduction.
No.
RENEWAL OF PUBLIC SPACE PROTECTION ORDERS – DOG CONTROLS (REF)
In presenting the report, the Leader advised that there were some very specific
issues in terms of dog control and the anti-social behaviour by their owners. She
noted that all highways and footways were covered in these Orders and referred to
the extra recommendation that had been agreed by Cabinet relating to Llantwit Major
Recreation Ground.
Councillor Franks enquired as to how the Orders were likely to be enforced and what
resources would be available and requested that the boundary of Murchfield be
clearly identified, together with Highgate Place play area. The Leader said that she
would request a copy of the boundaries for all Members and they would assist
enforcement going forward. She reiterated that Members had had a number of
opportunities to respond to consultation in respect of this report and that such
conversations should have been undertaken at that time.
Councillor Mahoney also commented on how enforcement would go forward, in
particular he said having regard to sports fields. The Leader commented that the
rules and procedures relating to sports fields was specific to those areas and where
they were gated it was noted that the level of dog fouling had increased. It was the
fact that dog owners were not controlling their dogs and it was noticeable that when
the nights closed in this was becoming far more of an issue.
Councillor Carroll welcomed the report, acknowledging that it was vital that
enforcement took place, suggesting that plain clothed enforcement officers be a
good idea.
Councillor Protheroe recorded her thanks for the inclusion of dogs to be on leads for
Ogmore and Southerndown and referred to the number of dog attacks on sheep that
had been happening on the Ogmore and Southerndown common. In her view the
Orders were terribly important, timely and vitally important to educate people and
suggested that further signs be placed on the common, it being noted that the
common was not a country park.
The Leader said it would have been useful if Members who had concerns or issues
had raised them earlier and had engaged in the consultation process, however, she
asked that if any Member had any further details that they wished to share that they
contact the relevant officers.
Councillor Dr. Johnson concurred with the Leader that there had been a significantly
long period of consultation on the matter. Councillor Morgan wished it to be noted in
the record that there were a number of responsible dog owners who behaved
appropriately and irresponsible dog owners, in his view, were few and far between.
Having considered the matter, it was subsequently
No.
RESOLVED –
(1) T H A T the proposal of renewing the existing Public Space Protection Orders
for dog controls be endorsed.
(2) T H A T the contents of the public consultation results be noted.
(3) T H A T the proposed new additional areas as part of the renewal process be
agreed and incorporated into the Orders.
(4) T H A T the resolutions of Cabinet in respect of the report be noted and
agreed.
(5) T H A T subject to formal agreement with Llantwit Major Town Council,
Llantwit Major Recreation Ground be added to the proposals with enforcement
subject to the agreement of Llantwit Major Town Council who own the land.
Reasons for decisions
(1) In order that the Council had robust Orders in place for dog controls on
adopted highways, footpaths, resorts/beaches, town centres, sports pitches and
public open spaces.
(2) To ensure the views of the public and other stakeholders were considered
and the Orders reflected current issues.
(3) To ensure the Council had appropriate powers to protect the quality of lives of
those who lived, worked and visited the Vale.
(4) The renewal and introduction of Public Space Protection Orders were a
matter for determination by Full Council.
(5) To include Llantwit Major Recreation Ground to the proposals, with the
support of the local ward Members and in agreement with Llantwit Major Town
Council.
RESOLVED –
(1) T H A T the updates to the Cabinet Quarterly Work Programme for April to
June 2024 attached at Appendix 1 to the report be agreed.
(2) T H A T the Cabinet Quarterly Work Programme July to September 2024
attached at Appendix 2 to the report be endorsed.
Reasons for decisions
(1) To monitor progress.
(2) To approve the Work Programme for July to September 2024.
C61 USE OF THE CHIEF EXECUTIVE’S EMERGENCY POWERS (EL/PR)
(SCRUTINY – ALL) –
The Leader presented the report, the purpose of which was to notify Cabinet of the
exercising of Emergency Powers by the Chief Executive since the last report on 23rd
May, 2024.
Councillor Williams referred specifically to Paragraph 2.1(a) concerning the Western
Vale Wellbeing Hub for Older Adults and People Living with Dementia and
appreciated the use of emergency powers to enable Officers to act quickly to support
excellent provision.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED – T H A T the use of the Chief Executive's Emergency Powers be
noted.
Reasons for decisions
To inform Cabinet.
C62 RIGHTS OF WAY IMPROVEMENT PLAN (ROWIP) (DL/SP)
(SCRUTINY – ENVIRONMENT AND REGENERATION) –
The Deputy Leader presented the report, the purpose of which was to enable
Cabinet to consider and approve the Rights of Way Improvement Plan (ROWIP).
The ROWIP was a live document and changes could be made as circumstances
demanded, for example, changes in legislation.
Councillor Williams had attended the Local Access Forum meeting where the
principles of the ROWIP, the network and various improvements had been
discussed. The changes to footpath accessibility in the Vale of Glamorgan had been
noted at that meeting, including wheelchair accessibility, which had a positive impact
for local residents and were a part of the ROWIP, though not stated explicitly as a
benefit.
The Leader said that another positive aspect was the availability of routes
electronically to be able to choose which routes were available and with much
improved direct access.
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 Rights of Way Improvement Plan (ROWIP) attached as Appendix
A to the report be endorsed as the Council’s replacement version and its adoption in
principle agreed subject to consideration by the Environment and Regeneration
Scrutiny Committee.
(2) T H A T the ROWIP be referred to the Environment and Regeneration
Scrutiny Committee for its consideration.
(3) T H A T delegated authority be granted to the Head of Sustainable
Development in consultation with the Deputy Leader and Cabinet Member for
Sustainable Places to make typographical or other minor changes as necessary prior
to publication or during the life of the Plan should this become necessary.
Reasons for decisions
(1) To ensure the Council fully discharged its statutory duty under the
Countryside and Rights of Way (CROW) Act 2000 to review and publish every 10
years, its Rights of Way Improvement Plan (ROWIP), outlining how it proposed to
meet its Well-being and Improvement Objectives to maintain, improve and publicise
the rights of way network for the public.
(2) To ensure appropriate scrutiny of the report.
(3) To make typographical or other minor changes as necessary without the need
to seek Cabinet approval.
C63 UPDATE ON THE CONSULTATION ON THE PROPOSAL TO
CREATE A WELSH MEDIUM SPECIALIST RESOURCE BASE AT YSGOL
GWAUN Y NANT FROM SEPTEMBER 2024 (EAWL) (SCRUTINY – LEARNING
AND CULTURE) –
The Cabinet Member presented the report, the purpose of which was to advise
Cabinet of the outcome of the consultation exercise undertaken on the proposal to
create a Welsh Medium Specialist Resource Base at Ysgol Gwaun y Nant from
September 2024.
Some of the issues raised as part of the consultation and responses to those issues
were discussed in paragraphs 2.9 to 2.13 of the report.
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 consultation document (attached at Appendix A to the report), the
Consultation Response report (attached at Appendix B to the report) and other
appendices included as part of the report, including the Community and Equality
Impact Assessments at Appendices C and D respectively, to create a Welsh Medium
Specialist Resource Base at Ysgol Gwaun y Nant from September 2024 be noted.
(2) T H A T the proposal to create a Welsh Medium Specialist Resource Base at
Ysgol Gwaun y Nant from September 2024 through the publication of the proposals
in the form of a statutory notice be approved.
Reasons for decisions
(1) To ensure that all relevant information was considered by Cabinet in reaching
a decision on whether to publish a statutory notice on the proposals.
(2) To ensure that there was capacity to provide integrated provision for pupils
with a diagnosis of an autism spectrum condition and those experiencing significant
social communication, interaction, or regulation difficulties, reflecting the Council’s
commitments to meeting the requirements of the Additional Learning Needs and
Education Tribunal Act 2018 (ALNET Act 2018) and in its 10 year Welsh in
Education Strategic Plan (WESP) and Welsh Government’s Cymraeg 2050 strategy.
C64 WELSH LANGUAGE STANDARDS ANNUAL MONITORING
REPORT 2023-24 (EAWL) (SCRUTINY – LEARNING AND CULTURE AND
CORPORATE PERFORMANCE AND RESOURCES) –
The Cabinet Member presented the report, the purpose of which was to seek
approval for the Council’s Annual Welsh Monitoring Report and update on 5-year
Promotion Strategy.
Councillor Williams said he looked forward to the matter being discussed at the
relevant Scrutiny Committees.
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 Annual Welsh Monitoring Report for 2023-24 (attached at
Appendix 1 to the report) and Update on the Welsh Language Promotional Strategy
(attached at Appendix 2 to the report) be approved in principle, subject to
consideration by Learning and Culture and Corporate Performance and Resources
Scrutiny Committees.
(2) T H A T the report (and appendices) be referred to Learning and Culture and
Corporate Performance and Resources Scrutiny Committees for consideration and if
endorsed by the Committees, that the report be published.
Reasons for decisions
(1) To allow the Council to meet its reporting duty to the Welsh Commissioner as
part of the Welsh Language Standards.
(2) To enable Learning and Culture and Corporate Performance and Resources
Scrutiny Committees to consider the report (and appendices) prior to publication.
C65 PERMANENT TRAFFIC REGULATION ORDER – SCHOOL STREET
CLOSURE DRYDEN ROAD, PENARTH (NBS) (SCRUTINY – ENVIRONMENT
AND REGENERATION) –
The Cabinet Member presented the report, the purpose of which was to agree to
make the experimental school street closure on Dryden Road for Fairfield Primary
School, Penarth a permanent order.
An Experimental Traffic Regulation Order (TRO) had been in place since April 2023
and gave Officers time to assess the success or otherwise of the pilot school street
closure as the first type of its kind in the Vale of Glamorgan. Feedback from
residents which had been positive was included in Paragraph 2.7 of the report as
well as Appendix D to the report. Appendix C to the report referred to vehicle
speeds and traffic volumes that were assessed prior to implementation and
monitored during the experimental school street closure, with very little traffic
entering at times of closure.
Councillor Birch, as a local ward Member, said that the experimental TRO had been
a popular move with parents. There continued to be issues with inconsiderate
parking which existed prior to the pilot but had been well received locally. Councillor
Wilson said that the other local ward Member, Councillor Buckley, had also been
supportive of the pilot.
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 public notice be advertised for the Experimental Traffic Regulation
Order for a school street closure on Dryden Road, Penarth as detailed in Appendices
A and B to the report, to be made permanent.
(2) T H A T delegated authority be granted to the Director of Environment and
Housing, in consultation with the Cabinet Member for Neighbourhood and Building
Services to agree the final design and extent of the school street closure and that the
Monitoring Officer / Head of Legal and Democratic Services be authorised to execute
any legal Orders to implement the Scheme.
Reasons for decisions
(1) To provide the necessary authority to the progress with the permanent Traffic
Regulation Order.
(2) To provide the necessary authority to ensure the scheme was implemented in
the most appropriate and efficient manner.
C66 RENEWAL OF PUBLIC SPACE PROTECTION ORDERS FOR THE
PREVENTION OF ALCOHOL RELATED ANTI-SOCIAL BEHAVIOUR (NBS)
(SCRUTINY – ENVIRONMENT AND REGENERATION) –
The Cabinet Member presented the report, the purpose of which was to ensure there
remained effective controls and management arrangements aimed at preventing
incidences of alcohol related anti-social behaviour in public places.
Councillor Wilson said that such Orders had been in place previously and required
renewal with minor variations to the existing Public Space Protection Orders
(PSPOs), in respect of the prevention of alcohol related Anti-Social Behaviour (ASB).
Such Orders would not prohibit any alcohol consumption in the areas proposed but
provided a means of control should there be instances of anti-social behaviour.
Paragraph 2.12 of the report referred to the inclusion of Orders at twelve new sites
as a result of consultation and representations received from the public and Elected
Members. Survey responses were included within Appendix A which showed support
for such controls in the described areas for a further three years.
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 proposal of renewing the existing Public Space Protection Orders
for controlled alcohol zones be agreed and the Orders referred to Full Council, for
consideration.
(2) T H A T the contents of the public consultation results and the inclusion of
new restricted areas be noted.
(3) T H A T the proposed additional areas as part of the renewal process be
agreed and incorporated into the Orders for consideration by Full Council.
(4) T H A T the resolutions of Cabinet as regards the report are referred to Full
Council for consideration.
(5) T H A T use of the urgency procedure set out at Section 15.14 of the
Council’s Constitution be agreed in respect of recommendations 1, 2, 3 and 4 to
allow the matter to be considered at Full Council on 15th July, 2024.
Reasons for decisions
(1) To assist the Council robustly manage alcohol related Anti-Social Behaviour
at its Resorts, Town centres and Public Open Spaces.
(2) To ensure the Council considered the views of the public and other
stakeholders and the Orders reflect current issues.
(3) To ensure the Council and Police had the appropriate powers to protect the
quality of lives of those who lived, worked and visited restricted areas and to permit
the majority of the law-abiding citizens to use and enjoy public spaces, safe from
anti-social behaviour.
(4) The introduction and renewal of Public Space Protection Orders was a matter
for determination by Full Council.
(5) To enable the Orders to be considered at the next available Full Council
meeting to ensure their prompt introduction if agreed.
C67 RENEWAL OF PUBLIC SPACE PROTECTION ORDERS - DOG
CONTROLS (NBS) (SCRUTINY – ENVIRONMENT AND REGENERATION) –
The Cabinet Member presented the report, the purpose of which was to ensure there
remained effective controls and management arrangements in please, aimed at
improving the behaviour of irresponsible dog owners and reducing anti-social
behaviour associated with dogs and dog fouling.
Councillor Wilson said that such Orders had been in place previously and required
renewal with variations to the existing Public Space Protection Orders (PSPOs), for
the purpose of dog controls.
Consultation had taken place on the matter and many of the responses received
were positive about the proposed Orders. Appendix A referred to 64% of the public
agreed with the proposal to retain all the existing dog controls in the Vale of
Glamorgan, strong agreement regarding the removal of faeces from all adopted
highways and footpaths and seasonal dog controls at Ogmore-by-Sea.
Councillor Wilson proposed an additional Recommendation to Cabinet to agree that
Llantwit Major Recreation Ground be added to the proposals to be considered at Full
Council, with enforcement subject to the agreement of Llantwit Major Town Council
who owned the land. Llantwit Major Councillors were in support of that area being
included in the proposals and agreement with Llantwit Major Town Council would
have to be sought prior to the matter being considered at Full Council on 15th July,
2024.
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 proposal of renewing the existing Public Space Protection Orders
for dog controls be endorsed.
(2) T H A T the contents of the public consultation results be noted.
(3) T H A T the proposed new additional areas as part of the renewal process be
agreed and incorporated into the Orders for Full Council consideration.
(4) T H A T the resolutions of Cabinet in respect to the report be referred to Full
Council for consideration.
(5) T H A T use of the urgency procedure set out at Section 15.14 of the
Council’s Constitution be agreed in respect of resolutions 1, 2, 3, 4 and 6 to allow the
matter to be considered at Full Council on 15th July, 2024.
(6) T H A T subject to formal agreement with Llantwit Major Town Council,
Llantwit Major Recreation Ground be added to the proposals for consideration at Full
Council, with enforcement subject to the agreement of Llantwit Major Town Council
who own the land.
Reasons for decisions
(1) So that the Council had robust Orders in place for dog controls on adopted
highways, footpaths, resorts/beaches, town centres, sports pitches and public open
spaces.
(2) To ensure the Council considered the views of the public and other
stakeholders and the Orders reflected current issues.
(3) To ensure the Council had appropriate powers to protect the quality of lives of
those who lived, worked and visited the Vale.
(4) The renewal and introduction of Public Space Protection Orders were a
matter for determination by Full Council.
(5) To ensure the Orders could be considered at the next Full Council meeting
and if agreed, promptly introduced following the meeting.
(6) To include Llantwit Major Recreation Ground to the proposals, with the
support of the local ward Members and agreement with Llantwit Majot Town Council.
C68 RE-COMMISSIONING OF THE PROVISION OF CHILDCARE FOR
FLYING START IN COLCOT, BARRY, VALE OF GLAMORGAN (SCH)
(SCRUTINY – HEALTHY LIVING AND SOCIAL CARE) –
The Cabinet Member presented the report, the purpose of which was to seek
authority to re-commission an existing contract relating to the provision of childcare
for the Vale of Glamorgan Flying Start Programme within Colcot, Barry and delegate
authority to award the contract to the successful provider.
Councillor Williams said that although the report fell within the Social Care and
Health Portfolio that it was important to recognise the work undertaken with the
Cabinet Member for Education, Arts and the Welsh Language as much of the work
was cross-Directorate. Although the programme provided services to children aged
0-3 and 2-3 years, it was important to recognise that there was also provision for
parents who were a part of the tendering process.
Councillor Birch welcomed the report and was pleased to see parental involvement
in the programme and actively involved in ongoing provision. The cluster of schools
in Barry were some of the most disadvantaged in the Vale of Glamorgan and the
programme would work towards improving the life chances of children.
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 Social Services, in consultation with the Cabinet
Member for Social Care and Health, be authorised to undertake a competitive tender
process for the provision of Flying Start services in Colcot, Barry.
(2) T H A T the Director of Social Services, in consultation with the Cabinet
Member for Social Care and Health, be authorised to award the contract(s) for the
service for an initial period of two years with an option to extend for up to a further
two years, following the completion of the tender process.
(3) T H A T delegated authority be granted to the Monitoring Officer/Head of
Legal and Democratic Services to prepare, complete and execute a contract with the
successful bidder.
Reasons for decisions
(1) To enable the Directorate to undertake a tender process that would provide
Flying Start childcare within Colcot, Barry in a cost-effective way that met the
requirements of Welsh Government Flying Start Guidance and the required
standards of the Care Inspectorate Wales (CIW).
(2) To ensure that the service was in place for the next two years with the
potential to extend it for a further two years if required.
(3). To ensure that the appropriate authority and documentation were in place to
complete the contract.
C69 CONTRACT FOR THE PROVISION OF CHILDCARE FOR FLYING
START IN CADOXTON, BARRY, VALE OF GLAMORGAN (SCH) (SCRUTINY –
HEALTHY LIVING AND SOCIAL CARE) –
The Cabinet Member presented the report which was similar to the previous agenda
item but focused on a different area, the purpose of which was to seek authority to
undertake a tender process relating to the provision of childcare for the Vale of
Glamorgan Flying Start Programme within the setting in the grounds of Cadoxton
Primary School in Barry and delegate authority to award the contract to the
successful provider.
Councillor Birch was pleased to endorse the report and said that Cadoxton Primary
School already had initiatives such as Bocs Bwyd and coffee mornings that had a
positive impact on families and actively involved parents and carers on aspects of
school life.
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 Social Services, in consultation with the Cabinet
Member for Social Care and Health, be authorised to undertake a competitive tender
process for the provision of Flying Start services in Cadoxton, Barry.
(2) T H A T the Director of Social Services, in consultation with the Cabinet
Member for Social Care and Health, be authorised to award the contract(s) for the
service for an initial period of two years with an option to extend for up to a further
two years, following the completion of the tender process.
(3) T H A T delegated authority be granted to the Monitoring Officer/Head of
Legal and Democratic Services to prepare, complete and execute a contract with the
successful bidder.
Reasons for decisions
(1) To enable the Directorate to undertake a tender process that would provide
Flying Start childcare within Cadoxton, Barry in a cost-effective way that met the
requirements of Welsh Government Flying Start Guidance and the required
standards of the Care Inspectorate Wales (CIW).
(2) To ensure that the service was in place for the next two years with the
potential to extend it for a further two years if required.
(3) To ensure that the appropriate authority and documentation were in place to
complete the contract.
C70 VALE OF GLAMORGAN REPLACEMENT LOCAL DEVELOPMENT
PLAN (RLDP) 2021-2036 PREFERRED STRATEGY INITIAL CONSULTATION
REPORT (CEERS) (SCRUTINY – ENVIRONMENT AND REGENERATION) –
The Leader presented the report on behalf of the Cabinet Member, the purpose of
which was to advise Cabinet of the issues raised through representations received
during the public consultation exercise undertaken between December 2023 and
February 2024 in respect of the Preferred Strategy for the Vale of Glamorgan
Replacement Local Development Plan (RLDP) 2021-2036.
The Preferred Strategy for the RLDP had been subject to a ten-week public
consultation between December 2023 and February 2024 and the report set out the
issues raised as part of that consultation and how the responses had been
considered within the report.
The Preferred Strategy set out how much growth would be accommodated in the
Vale of Glamorgan from 2021 to 2036 in terms of population, homes and jobs, with
growth met in the most sustainable locations which reduced the need to travel,
sought to co-locate housing with employment and locations well-served by public
transport.
Engagement on the Preferred Strategy took place a number of ways, including
online and in-person engagement sessions across the Vale of Glamorgan, as well as
sessions with Elected Members, Town and Community Councils and specific
stakeholder groups such as the 50+ Forum and Equalities Consultative Forum. In
total, over 3,000 representations were made from 857 individuals and organisations.
Notably there was a representation from Welsh Government stating that they
considered the Preferred Strategy to conform with the National Development
Framework: Future Wales, with the scale of growth being at an appropriate level for
the Vale of Glamorgan’s position within a national growth area. The spatial
distribution of that growth to sustainable locations was considered appropriate and in
line with national policy. Comments were made from other stakeholders that the
scale of development was too high, and others considered it to be too low.
The RLDP made provision for 8,679 new houses, compared to 10,400 in the current
adopted Local Development Plan (LDP). The RLDP level of growth was a median
level, with higher and lower gross scenarios being tested. The housing supply was
made up of new housing allocations, committed sites and allowance for unallocated
windfall sites.
The adopted LDP included housing allocations totalling over 8,000 new dwellings.
The RLDP Preferred Strategy showed a more modest allocation of up to 2,750 new
homes on new sites, or 32% of the provision, plus a further 2,600 homes on sites in
the adopted LDP that had been rolled forward.
Key sites in the RLDP were in parts of the Vale of Glamorgan with the highest levels
of affordable housing need and provided real opportunity to deliver homes for those
in housing need through Section 106 funding.
Most of the representations made during the consultation period were objections to
the key sites identified within the Preferred Strategy, with similar issues raised
across the five key sites including the impact of new development on the natural
environment and the ability of existing infrastructure to cope with increased demand.
The initial consultation report addressed those key points and set out the prepared
evidence in support of the Development Plan and addressed the concerns raised.
The consultation allowed for new sites to be submitted as part of a second call for
candidate sites, with 14 new sites submitted as part of the process, and 24 new sites
with amendments of boundary or use which would now be assessed to determine
their suitability for inclusion in the Deposit Plan.
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 contents of the report be noted.
(2) T H A T the report be referred to Environment and Regeneration Scrutiny
Committee for their consideration. Should the Committee raise no further matters for
Cabinet consideration, the report be referred to a meeting of Full Council on 30th
September, 2024 for:
a) endorsement of the actions set out in the Initial Consultation Report;
b) approval of the Replacement Local Development Plan (RLDP)
Preferred Strategy as a basis for the ongoing preparation of the
Deposit RLDP.
Reasons for decisions
(1) To outline to Members the issues raised during the 10-week public
consultation exercise on the RLDP Preferred Strategy.
(2) To seek approval for the proposed changes to the Preferred Strategy as set
out in the Initial Consultation Report and to allow officers to progress with
preparation of the Deposit RLDP in accordance with the Council’s approved Delivery
Agreement.
RESOLVED: Pursuant to this Committee’s delegated powers the following development management applications be determined in accordance with the recommendation set out in the reports of the Director of Planning, Transport and Environment, subject to any further amendments as detailed below and notification be given of the decisions in accordance with Section 70 of the Town and Country Planning Act 1990 or Section 74 of the Planning (Listed Building & Conservation) Act 1990.
APPLICATION GRANTED
23/02265/HSE – LLANDAFF
The Coach House, Cathedral Court, 6 The Cathedral Green, Llandaff
(Councillor Shimmin left the meeting during discussion of this item in accordance with his prejudicial interest)
Roof extension including new dormers
The application was granted subject to an amendment to the wording of condition 3:
‘The first floor window which is positioned nearest to the south corner of the front (south west) elevation and the two second floor dormer windows which are positioned nearest to the south corner of the front (south west) elevation shall be non-opening below a height of 1.7m above internal floor level and glazed with obscure glass, and thereafter be retained.
APPLICATION GRANTED SUBJECT TO ENTERING A BINDING SECTION 106 AGREEMENT
23/01301/VAR - BUTETOWN
Multi Storey Car Park, Stuart Street, Butetown
Variation of Conditions 2, 4, 5, 7, 8 10, 11 and 17 of 19/01012/MJR to reflect a move to a system build approach and allow more of the existing car park to be demolished, removal of the green walls, alterations to the footprint of the building particularly along the northern boundary slightly
reducing the building footprint, two car parking spaces to be lost, the use of a "split-level" parking arrangement, car parking spaces are to be increased, increase to the height of the car park building, and alterations to the car parks facades.
(Councillor Gunter did not take part in the discussion or vote on this item in accordance with her prejudicial interest)
The application was granted subject to the signing of a Section 106 agreement. Conditions regarding DEMP / CEMP to be authorised by the Planning Committee Chair.
23/01925/VAR – CATHAYS
Guildford Crescent, Cathays, Cardiff
Proposed residential-led mixed use redevelopment comprising residential apartments (use class C3) including ancillary indoor and outdoor residential amenity space; flexible commercial floorspace on the ground floor (use class A1, A2, A3, B1, D1 and D2); landscaping; related infrastructure and engineering works (Approved 12 November 2021 - 21/01682/MJR): -
Variation of condition 2 (Approved Plans) of 21/01682/MJR to amend the approved scheme as follows: 1) Demolish and re-build the existing Guildford Crescent Facade; 2) Window framing (transoms removed); 3) Level 1 and Level 2 windows (inclusion of louvre and mini-profile concrete side panels); 4) The size of commercial unit 1; 5) Reconfiguration of first floor roof terrace; and 6) Introduction of access door off Level 1 amenity lobby onto foyer roof.
The application was granted subject to the signing of a Section 106 agreement.
APPLICATION DEFERRED
21/02863/MJR - LLANISHEN
30-36 Fishguard Road, Llanishen, Cardiff, CF14 5PQ
Proposed demolition of existing garages and erection of new
attached development to form flats
(Councillor Hunt did not take part in the discussion or vote on this item in accordance with his prejudicial interest)
The application was deferred for a site visit to take place.
RESOLVED – That the following matters be dealt with as indicated:
(1)
Application 1
The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage/Private Hire Driver’s Licence given that a complaint has been received stating that he refused to take a journey from Cardiff train station to Penarth after allegedly saying he was available for hire
Addressing the Sub Committee, the driver’s representative asserted that the driver had not broken any rules and suggested he had had been singled out by this complaint. He was not registered with the ICO and was not legally allowed to store information about customers and their trips as he was self-employed.
The Chair noted that the allegation from the witness was that the driver was asked to take someone in his cab and said yes, but then changed his mind and refused the fare. He acknowledged that Penarth was out of the Cardiff area, but the witness’ contention was that this was not why it was refused
The driver’s representative suggested that the driver was not obligated to explain to a member of the public why he wasn’t able to take a fare. The driver added that the witness did not ask him whether he was booked, and just said ‘Penarth’ as his window was rolling down. He also suggested that it wasn’t a formal rank as it was only his taxi there.
Addressing the Sub Committee, the witness stated that he was out with his family on a day out, and as they worked their way down the rank they were turned down by quite a few cabs when he said they needed to go to Penarth. A few of the drivers told them to ask the first cab on the rank, which he did. After he turned down the fare, another driver advised him that this was not allowed, and so he made a complaint. His daughter told him that it was like that every weekend when she tried to get to Penarth.
The driver reiterated that he had not heard anything from the witness other than ‘Penarth’, and would not have been able to get back in time for his next booked trip if he had accepted it. He did not have a record of it but regularly took passengers to Penarth and other destinations outside of town. Responding to questions from the Sub Committee, he emphasised that he had no objection at all to taking passengers anywhere they asked.
Responding to questions from the Sub Committee, the witness explained that he had complained about another driver too, and this driver had not been singled out.
The driver’s representative summarised that while there was an issue with some drivers cherry-picking jobs, this driver had made clear that he did not do that. He only turned this one down because he had a job booked already and wouldn’t have been able to get back in time. He had done nothing wrong legally and did not deserve to be punished.
RESOLVED – that the driver receive a written warning.
(2)
Application 2
The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Private Hire Driver’s Licence given that he declared he was disqualified from driving and had received a driving ban from the DVLA.
Addressing the Sub Committee, the driver explained that his offence had occurred when he was having a very bad day. He was going through a lot of stress and his wife had just filed divorce papers. He was working as a chef and finished late, and had drunk two pints. He undertook another vehicle while it was raining heavily and was pulled over. After that, he lost everything and didn’t have any other opportunities for work. He hoped that Members would give him another chance to get back on the road and earn a proper living.
Responding to questions from the Sub Committee, the driver explained that he was still working as a chef but was only able to do occasional part-time work as he did not have a car and it was hard to travel long distances. He relied on his wife and friends to give lifts but this was not always possible.
RESOLVED – that the Private Hire Driver’s Licence be revoked.
(3)
Application 3
The Sub Committee were asked to consider an application for the Grant of a Hackney Carriage and Private Hire Driver's Licence given that the applicant had a conviction contrary to the guidance.
Addressing the Sub Committee, the driver explained that he had made some silly mistakes but he wanted to feed his family and children. He stated he was a businessman and not aggressive
Responding to questions from the Sub Committee, the driver explained that he had re-applied for a Private Hire Driver’s Licence as he had previously owned a takeaway shop which he had sold and wanted to do something comfortable and easy. He had previously been in possession of a Private Hire Driver’s Licence in Newport (6 months) and Cardiff (just under a year). He had stopped after 6 months in Newport as he did not like travelling. He had not renewed either licence.
RESOLVED – that the application for the Grant of a Hackney Carriage and Private Hire Driver's Licence be refused.
(4)
Application 4
The Sub Committee were asked to consider an application for the Grant of a Hackney Carriage and Private Hire Driver's Licence given that the applicant previously held a licence with the Authority but was convicted for taking his daughter out of the county without the mother’s consent in 2019. He was also referred to committee in 2019 and subsequently had his licence revoked.
Addressing the Sub Committee, the driver explained that he first moved to Cardiff in 1994 and his daughter was born in 2012. He was then banned from the UK for 10 years and moved back to Romania. In 2014, he was accused of kidnapping his daughter. His wife moved to London and he was unable to go to his daughter’s school or doctors. His wife and daughter then moved back to Romania, and he had attended court on six occasions to try to gain custody of his daughter as she had returned from Romania with injuries.
Responding to questions from the Sub Committee the driver explained that he had not seen his daughter for 4 or 5 years and she was now 12 years of age. He had received a prison sentence for taking his daughter out of the UK without her mother’s consent. Whilst in prison he was attacked. When he came out of prison he was not feeling well so he had handed in his badge. He informed the Sub Committee that he was now fit and well and wanted to come back to work as quickly as possible. He explained that it was just a family quarrel and there was no violence involved.
RESOLVED – that the application for the Grant of a Hackney Carriage and Private Hire Driver's Licence be refused.
(5)
Application 5
The Sub Committee were asked to consider an application for the Grant of a Hackney Carriage and Private Hire Driver's Licence given that the applicant previously held a licence with the authority but was convicted for totting up points on his DVLA licence. He was also referred to committee and subsequently had his licence revoked.
The driver explained that he had not committed any speeding offences whilst working as a taxi driver. He had been a delivery driver with his own shop and the police had caught him on camera speeding. He now had a clean driving licence. He stressed that he had never committed any crimes and had now learnt his lesson. For one and half years had had no employment, lost his licence and lost his shop. He informed the Sub Committee that he had a security job but that only provided him with 10 days’ work per month which was not enough and asked for another chance.
Responding to questions from the Sub Committee the driver explained that the court had given him the chance to drive despite his points and said that if he made another mistake he would receive a 6 month ban. The police then stopped him for a worn tyre and he lost his licence for 6 months and his shop. He said that he had tried to use the train but the last one was at 10.00 pm and there were no busses. Sometimes he slept on the sofa which was hard. He explained that he had lost his licence before his taxi licence and had disclosed this information in his last application. The car with the worn tyre was his only car and the one he used as a taxi.
RESOLVED – that the application for the Grant of a Hackney Carriage and Private Hire Driver's Licence be refused.
RESOLVED: Council AGREED to:
1.
Approve the nomination to the SEWCJC Governance and Audit Sub-Committee as set out in the Amendment Sheet;
2.
Approve the nomination and appointment of a new non-executive director to the Board of Cardiff Bus as set out in the Amendment Sheet;
3.
Approve the company’s proposed appointment of Mrs Jen Doody to the Board of Cardiff Bus as an executive director;
4.
Approve the nomination of Councillor Garry Hunt for consideration and appointment by the company’s Board as the new Chair of Cardiff Bus.
RESOLVED – That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application subject to the conditions agreed with South Wales Police.
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.
2023/01215/FUL Received on 11 December 2023
APPLICANT: c/o Agent Green Planning Studio Ltd, Upton Magna Business Park,
Shrewsbury, SY4 4TT
AGENT: Miss Delilah Green Upton Magna Business Park, Upton Magna,
Shrewsbury, SY4 4TT
Land adjacent to Hawthorne Cottage, Twyn Yr Odyn
To vary / remove conditions 1, 2, 3 and 9, Condition 1 – occupation, 2 – time
period, 3 – time period and 9 – vehicle on site of planning application
2013/00857/FUL – The use of land for the stationing of caravans for residential
purposes for 1 no. gypsy pitch together with the formation of additional hard
standing and utility / dayroom ancillary to that use – Allowed on appeal.
Minutes - MS
No.
APPROVED – Subject to the conditions as contained within the report.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
2023/00780/FUL Received on 13 March 2024
APPLICANT: VDC CWL21 Limited C/o Agent, CF24 0EB
AGENT: Mr Rob Mitchell Brunel House, 2 Fitzalan Road, Cardiff, CF24 0EB
Land North of Ffordd Bro Tathan, St. Athan
Demolition of existing buildings/structures and erection of a Class B8 data centre
with all associated back-up generators, plant, equipment, sub-stations, accesses,
parking and servicing areas, drainage and engineering works including services
diversion/connection and regrading works.
Comments from Cadw who raised no objection and from the Agent regarding
Policies and the Heat Network as described in the Matters Arising report were
noted.
RESOLVED – T H A T subject to the interested person(s) first entering into a
Section 106 Legal Agreement(s) to include the following necessary planning
obligations:
• The developer shall pay the sum of three hundred and fifty thousand
pounds (£350,000) to contribute towards the provision of sustainable
transport;
• The developer shall provide a scheme for 135 trainees or pay the sum of
one thousand two hundred and fifty five pounds (£1,255) per trainee in
respect of any shortfall (if any) to contribute towards the provision of
training and development;
• The developer shall provide public open space as detailed on the general
arrangement plan (CWL21-BUR-WS3-SP-DR-C-0100_General
Arrangement Rev P4) and a maintenance plan;
• The developer shall pay the sum of two hundred thousand pounds
(£200,000) to contribute towards the provision of public art;
• The developer shall pay the sum of twenty five thousand pounds (£25,000)
as an administration fee;
• Dormouse Conservation Strategy - Long term management, monitoring and
auditing;
APPROVED – Subject to the conditions as contained within the report.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
Minutes - MS
No.
2024/00216/FUL Received on 25 April 2024
APPLICANT: Mr Tim Vaughan C/O Agent
AGENT: Mrs Arran Dallimore Uunit 1A Compass Business Park, Pacific Road,
Ocean Park, Cardiff, CF24 5HL
Pantwilkin Stables, Llanquian Road, Aberthin, Cowbridge
Retrospective planning consent for the change of use of several existing rural
buildings for employment uses (B1 & B8) and associated works.
Comments from the Highways Engineer who raised no objection as described in
the Matters Arising report were noted.
REFUSED – Subject to the conditions as contained within the report and the
Reasons for Refusal as set out in the Supplemental Information to the report.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
Minutes - MS
RESOLVED – T H A T the attendance of the following Councillors at the site visit
indicated, held on 16th May, 2024, be noted.
Apologies were received from Councillors C.A. Cave, C.M. Cowpe and
M.R. Wilson (Vice-Chair).
Fairoak, Higher End (Llantwit Road), Councillor N.C. Thomas (Chair),
St Athan, CF62 4LW. Councillors J. Aviet, I. Buckley,
C.E.A. Champion, Dr. I.J. Johnson,
N.P. Hodges, C. Stallard and
E. Williams.
Also present: Councillor S.J. Haines
RESOLVED : That the Chairperson writes to the Cabinet Member on behalf of the Committee to convey any comments, observations and recommendations made during the way forward.
RESOLVED : That the Chairperson writes to the Cabinet Member on behalf of the Committee to convey any comments, observations and recommendations made during the way forward.
Bro Morgannwg, Licensing: Public Protection Committee,
RESOLVED – T H A T the application to renew the Applicant’s Hackney Carriage
Vehicle Licence be refused.
Reason for decision
The Committee unanimously resolved to not allow any further testing of the
Applicant’s vehicle, given the long history of the failed MOT and compliance tests.
The Committee were concerned about the maintenance of the vehicle during the
six-month test period, and its constant presentation with faults and defects that
would place the paying public at risk. Whilst it was accepted that some defects
may not have been readily identified, such as emission issues, the maintenance of
the tyres and brakes on the vehicle would be. The Committee were of the view
that the Applicant was using the vehicle test as a diagnostic for maintenance, and
that this would result in the vehicle, prior to its presentation for testing, having
been driven on a road when it was not properly maintained, and posed a risk to
the public. In addition, the poor vehicle maintenance was a breach of Condition 5
of the Vale of Glamorgan Hackney Carriage licence conditions. The Applicant
minimised his role in the maintenance of the vehicle and blamed others, for
example the testing depot. The Applicant had very little appreciation of the
seriousness of the history of his failures and pattern of his behaviour. The
Committee were mindful that the Applicant had been warned about his conduct,
and yet continued to present the vehicle, which had been subject to numerous
suspension notices upon testing in a poor state. The Committee were not
satisfied about the Applicant’s fitness and propriety to maintain and be responsible
for a road worthy vehicle without posing a danger to the public, and accordingly
declined to offer any further opportunity for the vehicle to be tested.
Minutes - LW
RESOLVED: Pursuant to this Committee’s delegated powers the following development management applications be determined in accordance with the recommendation set out in the reports of the Director of Planning, Transport and Environment, subject to any further amendments as detailed below and notification be given of the decisions in accordance with Section 70 of the Town and Country Planning Act 1990 or Section 74 of the Planning (Listed Building & Conservation) Act 1990.
APPLICATION DEFERRED
23/02265/HSE – LLANDAFF
The Coach House, Cathedral Court, 6 The Cathedral Green, Llandaff
Roof Extension including New Dormers
REASON:
Deferred for additional information to be provided.
APPLICATION GRANTED
23/01833/FUL – PONTCANNA
Llandaff Fields Bowling Pavilion, Cathedral Road, Pontcanna
Installation of 6 glazed open padel courts for all year-round covered by glazed canopies. Installation of lighting set within the courts using low energy LED lighting. Refurbishment and alteration of existing Pavilion provision of mobile social space (cafe, changing facilities, toilets, office and storage)
Approved as per recommendation with the addition of the advisory note below:
The operator of the Pavilion be advised that it would be beneficial for the Toilet Facilities that are to be provided to be available for use to the general public during the permitted hours of operation in the interests of providing a community facility for all users of the Park.
APPLICATION GRANTED SUBJECT TO ENTERING A BINDING SECTION 106 AGREEMENT
23/02402/FUL – CATHAYS
MadinaAsjid Mosque, Lucas Street, Cathays
Proposed Madina Mosque and Community Centre including Landscaping, Highways, Parking, Drainage and Associated Works.
Approved as per recommendation subject to the signing of a Section 106 Agreement, plus additional condition regarding submission of a Travel Plan.
RESOLVED – That the following matters be dealt with as indicated:
(1)
Application 1
The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Private Hire Driver’s License given that he was disqualified from driving and had received a driving ban from the DVLA.
Addressing the Sub Committee, the driver stated that he had been involved in an accidental collision in the early hours of the morning in February 2023. As he was heading back into town on the bypass having dropped some passengers off, a drunk man walked out in front of him. He tried to avoid a collision by swerving into the other lane but it was not possible. He was in shock and carried on driving. When he got home he realised he should have stopped, so he called the police and let them know he’d been involved in an accident.
Members queried the delay between the incident occurring and Cardiff Council being notified. The driver explained that when he was interviewed by the police, they told him they would notify the licensing authority as well as his insurance.
RESOLVED – that the Private Hire Driver’s License be revoked.
(2)
Application 2
The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage/Private Hire Driver’s License given that he had been convicted of 3 motoring offences amounting to 9 penalty points.
Addressing the Sub Committee, the driver outlined the three incidents that had led to him receiving the points. One had taken place on Newport Road, where he had been distracted by a passenger who had a small child who had taken off their seatbelt, and was clocked at 33mph in a 30mph zone. The second had occurred on a country lane on the way to Newport, when he assumed the speed limit was 40 rather than 30. The third incident took place in Trowbridge, and he did not have any excuse for it. The most recent offence was in 2022 and he had not made the same mistake since.
Responding to questions from the Sub Committee, the driver confirmed that in each case there had been passengers in the car.
Members queried why the council had not been notified until now when the third offence had taken place in November 2022. The driver acknowledged that this was an oversight on his part. He had informed his insurance immediately but didn’t realise he was expected to do the same for the licensing authority.
RESOLVED – that the driver receive a written warning.
(3)
Application 3
The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Private Hire Driver’s License given that information was received by the Licensing Authority alleging suspected drug misuse.
The Chair noted that the driver had attended the previous Sub Committee meeting and had disputed the results of the drug test which had led to his suspension.
Addressing the Sub Committee, the driver recounted the events that had led to him coming before it previously. He had challenged the testing company’s results which indicated active drug use and had consistently fought to clear his name but had been unable to fund a second test for a long time. His partner had been an active drug user so he would have been exposed to the substances through her, but he had been clean throughout. He did not smoke or drink alcohol either.
He had now received the results of the 12 month drug test, which did detect cocaine in his hair as the first test did, but was not able to determine whether this was from active use or exposure. He felt this sufficiently contradicted the results of the first test and proved his innocence. He was willing to do further tests if necessary. He also provided a letter from his GP which suggested there was no indication he was a drug user.
The Licensing Officer outlined the report of the second test, which concluded that from these results alone, it was not possible to determine whether they were due to active use, passive exposure or residual presence from use prior to the testing period. The report also suggested that external environmental contamination was likely to be a potential contributor.
RESOLVED – that no further action be taken.
(4)
Application 4
The Sub Committee were asked to consider an application for the Grant of a Hackney Carriage and Private Hire Driver's Licence given that the applicant previously held a licence with Newport City Council but was convicted of an offence in 2023 resulting in his licence with Newport being revoked.
Addressing the Sub Committee, the driver stated that he had been caught speeding in March 2022. A few of his friends told him to change the name on the declaration form so it didn’t look like it was him driving. This was the worst decision he had ever made, and he would never have done it if he had understood the consequences. He was interviewed first by Newport Council and then by the police, and in December 2023 he was convicted of perverting the course of justice. He received a suspended sentence and a fine, and was required to do community service. Since then, he had struggled to pay rent and bills.
Responding to questions from the Sub Committee, the driver clarified that Newport had revoked his licence immediately after the conviction. He had applied to Cardiff because Newport had told him he wouldn’t be able to reapply there until 2029.
Members asked how he had let his friends persuade him to put a false name down. The driver responded that he panicked and didn’t know what to do. He thought he was protecting his family by avoiding losing his licence and livelihood.
Responding to questions from the Sub Committee, the driver confirmed that he had been clocked at 35mph in a 30 zone, having been under the impression that the limit was 40mph.
RESOLVED – that the application for the Grant of a Hackney Carriage and Private Hire Driver's Licence be refused.
RESOLVED – That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, REFUSED the application.
RESOLVED – T H A T in pursuance of the powers delegated to the Committee,
the following application be determined as indicated and any other necessary
action be taken.
2022/00266/FUL Received on 12 April 2024
(P40)
APPLICANT: Newydd Housing Association, 5 Village Way, c/o agent, CF15 7NE
AGENT: Mr Jon Hurley, Unit 9, Oak Tree Court, Cardiff Gate Business Park,
Cardiff, CF23 8RS
Llantwit Road, Higher End, St. Athan
Full planning application for residential development, access, drainage
arrangements and other associated works
APPROVED – Subject to the conditions as contained within the report.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
Minutes - GD
RESOLVED – That the following matters be dealt with as indicated:
(1)
Application 1
The Sub Committee were asked to consider an application for the Grant of a Hackney Carriage and Private Hire Driver's Licence given that the applicant previously held a licence with a different local authority and had the licence revoked. He also had a motoring conviction for CU80 (use of mobile phone while driving) which resulted in 6 penalty points.
Addressing the Sub Committee, the applicant stated that he was a hard worker who just wanted the best possible life for his children. He was a courteous and friendly driver who treated customers well and had experience driving for Uber before.
He had received the penalty points in 2021 for parking on a double yellow line. A police officer informed him he had committed an offence but then acted unprofessionally, which another police officer apologised for, so he didn’t realise he had actually received the points until he applied for a change of licence in Newport. Newport City Council then revoked his licence because of his failure to declare the points.
Members queried the history of complaints highlighted by Newport council. The driver acknowledged he had received some complaints while working for Uber but felt that this was because some customers would complain about anything. Since leaving Uber he had worked for Amazon but wanted to serve the public as a taxi driver again.
In response to questions from the Sub Committee, the driver confirmed that the six points on his licence were made up of 3 points for parking on a double yellow line and 3 for using his mobile phone while driving. He didn’t feel this was a fair punishment and believed the police had fabricated their charges. He had not put in an official complaint because he didn’t have the money to go to court.
Members asked if the driver would be happy for his children to travel in a taxi driven by someone who had six points on his record. The driver responded that he would not.
The Sub Committee viewed a video of the incident with the police officer provided by the driver. Members queried why he hadn’t shown the video to the authority until now. The driver responded that he hadn’t seen the point, and added that he had given it to Newport council at the time of his hearing.
RESOLVED – that the application for the Grant of a Hackney Carriage and Private Hire Driver's Licence be refused
(2)
Application 2
The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Private Hire Driver’s License given that information was received by the Licensing Authority alleging suspected drug misuse that was a cause for concern with Adult and Children’s Services. Due to the nature of his role as a taxi driver and the high likelihood of transporting vulnerable passengers, these concerns were shared with the licensing authority, including a DNA test that was requested by the Council.
Addressing the Sub Committee, the driver stated that the DNA test stemmed from a family matter where he had voluntarily put himself forward to be tested as a possible carer for a child. He was shocked when he saw the results, having never used drugs in his life, and disputed it immediately with the testing company, his solicitor and the local authority. He had managed to arrange a new test through the local authority the day before the hearing and believed the results would show he had not taken drugs at any point in the last 12 months.
He added that he was dependent on the school run for his livelihood, as it was about 80% of his income. He had driven schoolchildren and children with special needs around for more than six years and loved it. He had no support from Universal Credit as he was self-employed, and was only just about keeping his cab running to pay the bills. This experience had turned his life upside down and been very damaging. He wanted to clear his name and get back to working the school runs.
Members asked about the time period the new test would cover, and when the results would be available. The driver confirmed that it would cover the last 12 months, so that it included the time of the original test and could clear his name properly, and the results would take up to two weeks.
The Sub Committee discussed the possibility of deferring the case until the results of the new test were available. The Licensing Officer confirmed that the next scheduled date was 5th June, and the driver would remain suspended from the school contract and able to drive his taxi in the meantime.
RESOLVED – that the matter be deferred to the next meeting of the Sub Committee