Climate change, net zero, flooding, energy, biodiversity, parks and green spaces.
What councils do
Every Welsh council has declared or responded to the climate emergency and has plans to cut its own emissions, from buildings, vehicles and the things it buys. Councils also manage flood risk on local rivers and streams.
Who decides
The Cabinet agrees climate plans; scrutiny committees check progress.
Having a say
Ask your councillors how the council is doing against its own targets, and respond to its consultations on plans.
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By council, last 12 months
How many agenda items on this topic each council dealt with, and how many had a decision recorded.
RESOLVED:
1
To Agree the proposed improvement works to be carried out at:
(a)
The proposed exchange land at Cae Delyn Park, as shown in Appendix B; and
(b)
The proposed retained land at Maindy Park, as shown in Appendix C
in fulfilment of Condition Three of the Committee’s recommendation made on 23 January 2023, on the basis that all associated costs are to be borne by the Council and not the Trust.
2
To note that the proposed land exchange, which is the subject of this report, is subject to approval by the Charities Commission; and
3
Subject to:
(a)
approval of recommendation 1, and
(b)
Consent being granted by the Charities Commission as referenced under recommendation 2,
to note that the proposed improvements works may be subject to public consultation, before the proposed land exchange, with associated land improvement works, are reported for approval by Cabinet, as Trustee of Maindy Park Trust.
RESOLVED: Pursuant to this Committee’s delegated powers the following development control 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 RESOLVED TO BE GRANTED SUBJECT TO ENTERING INTO A BINDING SECTION 106 AGREEMENT
(Councillor Irene Humphreys left the meeting during consideration of this application in accordance with her prejudicial interest)
22/02184/OUT – CAERAU
LAND TO THE SOUTH WET OF PARK VIEW HEALTH CENTRE ADJACENT TO ELY AND CAERAU COMMUNITY HUB, TRESEDER WAY, CAERAU
Proposed Health and Wellbeing Hub and associated infrastructure works relating to access, parking, drainage and landscape.
Subject to the following amendment to Condition 9:
The existing children's playground shall not be removed (and shall remain available at all times for children's play) until such time as details of the relocated playground have been submitted to and improved in writing with the Local Planning Authority, and the replacement playground provided on site in accordance with the approved details. The details shall include, but not limited to the following: Location of the new playground, full details of the design and layout of the children's playground (including proposed play equipment) and natural play features, timetable for installation of playground and natural play areas, post installation inspections and maintenance by the developer before handover to the council.
APPLICATION GRANTED
23/00283/FUL – GABALFA
57 INGLEFIELD AVENUE, GABALFA, CARDIFF, CF14 3PY
Construction of dormer loft extension, and change of use to house of multiple occupation (sui generis class)
RESOLVED: that
1) the update on the new Indoor Arena project including the extension to the duration of the Pre-Contract Service Agreement be noted
2) Approval be given to the Interim Business Case for the new Multi-Storey Car Park as set out in this report and at Confidential Appendix 9 and authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Investment and Development, the Section 151 Officer, and the Monitoring Officer to enter into a Pre-Contract Service Agreement including the associated underwrite as set out in Confidential Appendix 8.
3) Authorisation be given to a soft-marketing exercise to promote the Atlantic Wharf site for investment as set out in this report to be reported back to a future meeting of Cabinet as part of the Outline Business Case for the redevelopment of the Red Dragon Centre.
4) Authorisation be given to the writing-off of bad debts as outlined in Confidential Appendix 10 and in accordance with Part 3, Section 2, of the Cardiff Council Constitution, Executive Decision-making function number 20.
5) Approval in principle be given to the Memorandum of Understanding (MOU) relating to the Capella Project attached at Confidential Appendix 13 subject to an Outline Business Case and Heads of Terms being presented back to a future meeting of Cabinet for approval.
6) Authorization be given to the development of an Outline Business Case for the Capella Project as outlined in this report and at Confidential Appendices 11 and 12 to be presented back to a future meeting of Cabinet for approval.
7) the Strategic Outline Case for the Atlantic Wharf Energy Strategy detailed at Confidential Appendix 4 be noted and the development of an Outline Business Case be authorised to be presented back to a future meeting of Cabinet for approval.
RESOLVED: that
1. the submission of the European Football Championships Final Tournament 2028 Bid be approved
2. approval be given to the Host City Agreement and all associated guarantees for submission to the UK&I Bid team by the deadline of the 24th March 2024 subject to confirmation of in principle financial support being confirmed by all bid partners.
3. authority be delegated to the Director of Economic Development in consultation with the Cabinet Member (Culture, Parks & Events) to consider any further matters relating to the bid to continue to support and develop the UK&I bid, subject to the terms of the financial commitment agreed by Cabinet on 10 March 2022.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing 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.
RESOLVED: To
1. Note the Climate Change reporting initiatives that have taken place or will be in the near future.
2. Agree for officers to undertake further research to scope a journey to Net Zero for the Fund.
Agree that the Corporate Director Resources in accordance with the Council’s Scheme of Delegations may determine all aspects of the procurement process for the appointment of appropriate specialist external advisors (including approving the evaluation criteria to be used and authorising the award of the contracts) and all ancillary matters pertaining to the procurement and proposals above.
RESOLVED to provide a preliminary announcement of their decision, with a detailed decision and minutes to be published in due course on the Council’s Website:
Decision
This Committee consists of three Independent Members of the Council’s Standards and Ethics Committee. It was set up by the Council to give an independent recommendation to the Council’s Cabinet (the Charity trustee) as to whether it is in the best interests of the Maindy Park Charity to agree to a proposed land swap. The Committee has met on three occasions and has considered the reports and appendices presented to it. It has carried out a site visit, requested additional information, listened to representations from Community Groups, and has carefully considered those representations as well as the written representations, consultation responses, independent valuation and legal advice, and the Equality Impact Assessment.
Having carefully considered all of the relevant information, the Committee has agreed that it believes that the land swap is in the best interests of the Charity and so RECOMMENDS that Cabinet, as the Charity trustee, agree (subject to charity commission consent) to the exchange and release from the Trust of the Maindy Park land (shown on the plan annexed to the report at Appendix C) in exchange for the land at Cae Delyn Park (shown in Appendix D) to be held on trust for the Charity, Subject to the following conditions:
(i)
the new velodrome is to be built and operational prior to the proposed land swap taking place
(ii)
the terms and conditions recommended in the Qualified Surveyors updated report (Appendix E); including specifically in relation to overage provision 50% of the uplift in value to be paid to the trust were the site to be sold for future development for 75 years from the date of the land swap (which would entitle the trust to receive a share of any potential increase in value if an implementable planning permission is obtained for a higher value use of the land)
(iii)
improvement works to be carried out at Cae Delyn (including improved drainage of the site, walkways, lighting and other reasonable and proportionate measures to reduce anti – social behaviour in the area) and the retained land at Maindy, in order to improve the amenity value for the purposes of meeting the Trust’s charitable objectives; and a further meeting of the Advisory Committee is to be held (within 90 days) to agree proposed recommended improvements, which may be subject to further public consultation, (for the avoidance of doubt this may take place after the recommendation is reported to cabinet)
(iv)
arrangements to be made between the Trust and the Council for a lease or licence to be agreed to cover the future maintenance and management of the land at Cae Delyn and Maindy by the Council, with no ongoing revenue costs to the trust which exceed income
(v)
the Council is to carry out a review of the governance and financial management arrangements of all trusts of which the Council is a trustee
(vi)
the provision of an information board on site to explain the historic use of the site as a Velodrome
AND to make application to the Charity Commission for consent to the land exchange on this basis.
Summary of Reasons for Decision
The land left at Maindy Park will provide a larger area of green space than currently, and together with the land at Cae Delyn means there will be 2 areas of land for the benefit of all Cardiff residents which will benefit more people than having one specialist activity on one site and will be of a greater financial and amenity value, and therefore is in the best interests of the charity.
RESOLVED: that
1) Approval be given to the disposal strategy as set out in this report in line with the independent advice attached at Confidential Appendix 2 and authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Investment and Development, the Section 151 Officer and the Legal Officer to develop detailed heads of terms to be approved at a future meeting of Cabinet.
2) Approval be given to the preferred operator for the proposed new Velodrome facility at the International Sports Village as set out in Confidential Appendix 5 subject to the detailed due diligence set out in this report and authority be given to the development of a Full Business Case for the whole leisure destination including associated infrastructure in line with the costs set out in Confidential Appendix 10 and as part of this authority be provided to identify an appropriate operator for the Closed Loop Circuit.
3) Approval be given to the preferred operator for the Ice Arena as set out in Confidential Appendix 5 including the proposal for the family attraction as set out in this report and illustrated in Confidential Appendix 6, and authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Investment and Development, the Section 151 Officer and the Legal Officer to conclude suitable legal and commercial terms in line with the criteria set out in this report.
4) the Strategic Outline Case for the Energy Strategy for the International Sports Village attached as Confidential Appendix 12 be noted and approval be given to the development of an Outline Business Case to be presented back to a future meeting of Cabinet.
5) Approval in principle be given to the proposal to establish a single management organisation for the leisure destination at the International Sports Village and authority be given to the preparation of an Outline Business Case in line with the strategy set out in this report and Confidential Appendices 5, 7 and 8.
6) Approval be given to the development of an Outline Business Case to consider the options for delivery of the proposed Multi Storey Car Park including an agreement in principle to the introduction of an appropriate charging regime to be approved as part of a Full Business Case to be presented to a future meeting of Cabinet.
7) Approval be given to the budgetary spend set out at Confidential Appendix 13 to enable the development of the various Business Cases proposed in this report and to enable the submission of planning applications as required.
RESOLVED: Pursuant to this Committee’s delegated powers the following development control 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
22/02280/FUL – WHITCHURCH AND TONGWYNLAIS
WHITCHURCH HOSPITAL, PARK ROAD
Temporary construction access route to the site of the approved Velindre Cancer Centre. The north-south connecting section is then proposed to be converted to provide a revised emergency access for approved Velindre Cancer Centre.
That planning permission be GRANTED subject to the Local Planning Authority receiving a confirmation letter from the Welsh Ministers that the decision has not been called in, and authorises the Local Planning Authority to grant planning permission pursuant to its Direction dated 12th January 2023 made under Article 18 of the Town and Country Planning (Development Management Procedure)(Wales) Order 2012
Subject to an amendment to Condition 1 to read:
‘All vehicular use of the temporary road hereby approved shall cases by no later than 30 November 2026, and thereafter by no later than 30 January 2027 (or prior to the first beneficial use of the new Cancer Care Hospital whichever comes first) the width of the road shall have been reduced and remaining land restored/landscaped in accordance with the approved Landscape plan reference 70066877-WSP-EV-DR-LA-P1-5101 REV PO1 and the general arrangement/ details approved under condition 3. The access shall thereafter be retained in its approved form.
APPLICATIONS DEFERRED
22/02542/VAR – HEATH
32 ST ANTHONY ROAD
Variation of Condition 3 of 20/01075/MNR to extend trading hours Wednesday to Saturday from 19:00 to 21:00
REASON: In order for a site visit to the location to take place.
22/02184/OUT – CAERAU
LAND TO THE SOUTH WEST OF PARK VIEW HEALTH CENTRE ADJACENT TO ELY AND CAERAU COMMUNITY HUB, TRESEDER WAY
Proposed Health and Wellbeing Hub and associated infrastructure works relating to access, parking, drainage and landscape.
REASON: In order for a site visit to the location to take place.
RESOLVED: that
1) the progress made on carbon reduction in the first year of One Planet Cardiff Action be noted
2) the Pathway modelling methodology be approved as a tool for onward monitoring and decision making
3) the refinement and progress of the One Planet Cardiff Action Plan be noted and approved
4) the intention to hold a Climate Change Convention in 2023 be approved
RESOLVED: that
1. the Outline Business Case attached at Confidential Appendix 4 be noted
2. Approval, in principle be given to the offer from AMG (set out as Option 2 in this report) and further described in the Outline Business Case at Confidential Appendix 4, the draft Heads of Terms at Confidential Appendix 5 and authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Culture, Parks and Events, the Section 151 Officer and the Legal Officer to progress negotiations with AMG and for Legal Services to prepare proposed contractual documentation.
3. It be noted that consultation will be undertaken as follows:
• Public consultation as part of the Council’s budget setting process, and;
• Consultation with affected staff in relation to a potential transfer to AMG under the Transfer of Undertaking (Protection of Employment Regulations 2006 (“TUPE”).
4. It be noted that the findings of the consultation, together with an assessment of best value of the AMG offer will be brought back to Cabinet for consideration as part of a final decision on whether to proceed with the offer from AMG.
RESOLVED: Pursuant to this Committee’s delegated powers the following development control 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
20/01882/MJR – LLANDAFF
WINDRUSH, 58 PWLLMELIN ROAD
Councillor Michael left the room for consideration of this item in accordance with his prejudicial interest.
Demolition of existing dwelling house and replacement with 23 self-contained residential apartments, contained within four separate blocks with landscaping, access, parking and associate infrastructure.
22/01717/MJR – GRANGETOWN
INTERNATIONAL SPORTS VILLAGE
Councillor Robson left the room for consideration of this item in accordance with his prejudicial interest.
Variation of Condition 2 of 21/02848/MJR to amend the list of approved plans to substitute with the amended plans.
21/02138/MJR – SPLOTT/RUMNEY
CARDIFF COASTAL FLOOD DEFENCES. THE SEVERN ESTUARY COASLINE AND EAST AND WEST BANKS OF THE RIVER RHYMNEY, CARDIFF
Councillor Michael left the room for consideration of this item in accordance with his prejudicial interest.
The Construction of a series of Fluvial and Coastal Flood Defences along the Severn Estuary Coastline and East and West banks of the River Rhymney, to include Rock Armour Revetments, Concrete Erosion Protection Mats, Earth Bunds a Double Flood Gate (at the Rhymney River Motor Boat Sail & Angling Club) and Sheet Piling.
Subject to the following amendments to Condition 5:
No development, including site clearance, shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority.
The CEMP shall include details of:
• Construction methods: details of materials, sediment management measures (including if contaminated sediment present); how waste generated will be managed; linked to Construction Method Statement and Contaminated Sediment Sampling Plan or Strategy (subject to separate conditions)
• General Site Management: the construction programme including phasing of development, construction timetable, details of site clearance; details of site construction drainage, containments areas, appropriately sized buffer zones between storage areas (of spoil, oils, fuels, concrete mixing and washing areas) and any watercourse or surface drain, piling type and timings; vehicle access routes over sensitive habitats e.g. saltmarsh and associated protection measures; contaminated sediment plan and strategy.
• Biodiversity Management: details of piling restrictions to avoid disturbance to migratory fish and the fish assemblage; details of saltmarsh habitat protection; measures to avoid disturbance to overwintering and ground nesting birds; invasive species management including link to biosecurity risk assessment and management plan; measures to protect otter and badger during construction and avoidance measures for foraging and commuting bats; Precautionary Working Method Statement for amphibians and reptiles; other species and habitats protection, avoidance and mitigation measures (to include breeding birds, bats, dormouse, water vole and invertebrates). To be informed by update and pre-construction surveys as necessary.
• Soil and Sediment Management: details of topsoil strip, sediment removal, storage and amelioration for re-use. Link to contaminated sediment plan and strategy.
• Measures to ensure new bunds will naturally regenerate or if seeded, the use of locally sourced seeds.
• Control of Nuisances: details of restrictions to be applied during construction including timing, duration and frequency of works; details of measures to minimise noise and vibration including piling activities, for example acoustic barriers; details of dust control measures; measures to control light spill and the conservation of dark skies;
• Resource Management: details of fuel and chemical storage and containment; details of waste generation and its management; details of sediment management; details of water consumption, wastewater and energy use.
• Traffic Management: details of site deliveries, plant on site, wheel washing facilities; site hoardings, dedicated vehicle access routes, construction staff parking, traffic management and habitat protection measures;
• Pollution Prevention: demonstrate how relevant Guidelines for Pollution Prevention and best practice will be implemented, including details of emergency spill procedures and incident response plan; details of how contaminated sediments will be dealt with.
• Details of the persons and bodies responsible for activities associated with the CEMP and emergency contact details.
• Contact details of the Community Liaison Officer who will communicate and coordinate between the construction contractor and local residents.
• Landscape/ecological clerk of works to ensure construction compliance with approved plans and environmental regulations;
• NVC maps to inform construction access routes and compound locations so to avoid sensitive places.
The CEMP shall be implemented as approved during the site preparation and construction phases of the development.
Reason: In the interests of highway safety, protection of the environment and public amenity in accordance with Local Development Plan Policies T5 (Managing Transport Impacts), T6 (Impact on Transport Networks and Services), EN5 (Designated Sites), EN6 (Ecological Networks and Features of Importance for Biodiversity), EN7 (Priority Habitats and Species), EN10 (Water Sensitive Design), and EN13 (Air, Noise, Light Pollution and Land Contamination)”
APPLICATIONS REFUSED
22/011636/MNR – RHIWBINA
LAND TO THE REAR OF CANOLFAN GARDEN AND SHEDS BETWEEN 238 PANTBACH ROAD AND HEOL Y BONT.
Councillor Robson reaffirmed his prejudicial interest and confirmed he would be speaking as a Ward Councillor.
Retention of storage container for Snails Deli.
REASON:
1. The industrial appearance of the storage container, including its scale, form and materials and it’s siting forward of the building line to Heol Y Bont, are out of keeping with the residential character, quality and pattern of development in the surrounding area, resulting in an insensitive and obtrusive feature in the street scene which is detrimental to visual amenity and the character of the area, contrary to policy KP5 (i) of the Cardiff Local Development Plan.
2. The storage container, by virtue of its scale, form, material, siting forward of the building line to Heol Y Bont and projection above the adjacent boundary wall, is unneighbourly and detrimental to the amenities of residents of 1 Heol Y Bont in that it is unsightly and obtrusive when viewed from that property, contrary to policy KP5(x) of the Cardiff Local Development Plan.
3. That the Chief Legal and Democratic Services Officer be authorised to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 to secure the removal of the unauthorised storage container.
22/01707/MNR – SPLOTT
88 SPLOTT ROAD
Councillor Stubbs left the room for consideration of this item in accordance with his prejudicial interest. Councillor Irene Humphreys chaired this item.
Ground floor rear extension, dormer loft conversion, alterations and change of use to use to large SUI Generis house in multiple occupation.
Subject to the following:
Amendment to Condition 5 to read:
The development shall be carried in accordance with the following approved plans.
· CXB3/4/a/b/c/d – Proposed Ground Floor Plan
· CXB3/5/a – Proposed First and Second Floor Plan
· CXB3/6/a/b/c – Proposed Elevations
REASON: To ensure satisfactory completion of the development and for the avoidance of doubt in line with the aims of Planning Policy Wales to promote an efficient planning system.
REASON:
“By virtue of the alterations required to facilitate the use of the property as a house in Multiple Occupation the proposal will provide an insufficient amount of useable amenity space to serve the number of occupiers contrary to Policy KP5: Good Quality and Sustainable Design and Policy H5: Sub-Division or Conversion of Residential Properties of the Cardiff Local Development Plan and the advice contained within the House in Multiple Occupation Supplementary Planning Guidance 2016.
APPLICATIONS DEFERRED
2/01718/MJR - SPLOTT
Moorland road day centre, Moorland Road
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.
The Sub Committee heard from the applicant and listened to all the evidence and submissions and considered the written material. The Sub Committee also considered the Licensing Act 2003 the Section 182 Guidance, the Statement of Licensing Policy and Cumulative Impact Assessment policy.
Members also heard the representations made by South Wales Police and the Licensing Authority and considered all written representations made.
The premises is located in an area covered by a Cumulative Impact Policy that creates the rebuttable presumption that any new or full variation applications for Premises Licences will be refused or limited unless the applicant can successfully demonstrate that granting the application will not add to the cumulative impact in the area. The Sub Committee noted that this policy would apply to this application as it is within the area covered by the policy and proposal would be within the red category of the policy.
The Sub Committee accepted that the applicant offered to amend your application to add additional measures and to remove off-sales. In determining its decision, the Sub Committee considered these amendments and note that the application would still remain in the red category of the cumulative impact policy. The additional measures that offered prior to the meeting today are as follows:
1. Installation of CCTV in accordance with police requirements and training of staff to operate theequipment.
2. Challenge 25 policy for sale of alcohol and staff trained to implement thepolicy.
3. Implement and maintain appropriate record keeping for incidents, refusals and staff training.
4. Alcohol will only be supplied from 11.00 hours to 22.30 hours daily and only as ancillaryto food.It willbe lockedaway andconcealed after22.30 hours.Cans and bottles will be opened and poured into glasses. All glassware will be recyclable plastic. No alcohol will be included in a delivery (Foodonly. The application for the off sale of alcohol was withdrawn during the application.
5. Foodwill includeIndian dishes,Chinese dishesand Kebabs (madein house)
6. Pricing will be high.Minimum £12
7. Intention is to employ 15staff.
8. Two registered door staff will be on duty from 21.00 hours to closing time. During event days the hours of door staff would increase dependent upon starting and finishing times of the individualevents.
9. Food deliveries would be made finishing at closing time. No deliveries of alcohol with or without food. His own drivers would be used and vehicles parked in the car park. No vehicles for delivery would be parked outside the shop area.
10. The dining area inside the premises would be available for dining until closing time.
11. The outside area would be used for dining until 22.30 hours when tables and chairs would be removed and placed inside thepremises.
12. Litterbins wouldbe provided,and regularinspections carriedout toplace litterin the bins.
13. Noticeswould bedisplayed suchas CCTVin operation,times ofclosing andsale of alcoholtimings.
14. The application was for aa closing time of 05.00 the applicant would amend thisto 03.00 hours
Members gave consideration to the Police representations and the video and crime statistic evidence of crime and disorder and other anti-social behaviour within the area. The Sub Committee considered that the granting of this licence would cause additional crime and disorder.
It was not considered that the application had successfully shown that it would not undermine the Licensing Objectives and did not rebut the presumption within the cumulative impact policy. The Applicant did not shown that they would not effectively deal with the issues associated with the sale of alcohol.
The Sub Committee therefore resolved to refuse the application.
RESOLVED: Pursuant to this Committee’s delegated powers the following development control 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.
22/01411/DCH – RADYR
43 PENTWYN
Ground floor and first floor extension with new crossover and carport.
22/01719/MJR – FAIRWATER
CANTONIAN HIGH SCHOOL, FAIRWATER ROAD
Erection of Temporary Replacement School Buildings (Between One and Three Storey in Height), Including Administration, Kitchen/Canteen and School Hall Buildings; Temporary School Car Park and Footpath From Fairwater Road to Doyle Avenue (All Temporary Works) Together With Permanent Enabling Works to Facilitate the Redevelopment of Cantonian High School Comprising Boundary Fencing, Spectator Stand, Installation of Sports Pitches, Multi Use Games Areas and Associated Floodlighting and Fencing, Associated Landscaping, Drainage And Engineering Works.
APPLICATIONS DEFERRED
20/01882/MJR – LLANDAFF
WINDRUSH, 58 PWLLMELIN ROAD
Demolition of existing dwelling house and replacement with 23 self contained residential apartments, contained within four separate blocks, with landscaping, access, parking and associate infrastructure
22/01707/MNR – SPLOTT
88 SPLOTT ROAD, SPLOTT
Ground floor rear extension, dormer loft conversion alterations and change of use to large SUI generis house in multiple occupation.
RESOLVED: that
i) the contract review undertaken by Local Partnerships attached at Confidential Appendix 1 be noted
ii) Approval in principle be given to a relief payment to GLL to assist with mitigating the rise in energy costs during the current financial year capped as set out in Confidential Appendix 2 and authority be delegated to the Section 151 Officer in consultation with the Cabinet Member for Finance, Modernisation and Performance to authorise payments in line with the methodology and due diligence set out in Confidential Appendix 2.
iii) Agreement in principle be given to the proposal for GLL to acquire energy either directly or indirectly through the Crown Commercial Service and to authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Culture and Leisure and the Cabinet Member for Finance, Modernisation and Performance, the Section 151 Officer and the Legal Officer to consider all of the implications as set out in this report and in Confidential Appendix 2 and if the proposal is beneficial to the Council and GLL to make such variations as required to the lease and or the contract.
iv) Agreement in principle be given to the proposal to upgrade the energy infrastructure at each leisure centre to provide lower cost renewable energy subject to approval of a Full Business Case being presented back to a future meeting of Cabinet.
v) Agreement in principle be given to the approach outlined in this report for the modernisation and future operation of Pentwyn Leisure Centre and authorise the preparation of a full business case detailing final costs to be presented back to a future meeting of Cabinet for authority to proceed.
RESOLVED: Cabinet AGREED on 28th September to recommended to Council to approve the establishment of a Maindy Park Trust Advisory Committee, with the membership and terms of reference set out in paragraph 6 of this report.
RESOLVED: that
1. any serious conflicts of interest declared by individual Cabinet members in relation to the Maindy Park Trust Decision in respect of the Council’s proposed land exchange be noted;
2. Council be recommended to agree the appointment of the ‘Maindy Park Trust Advisory Committee’, comprised of 3 independent members of the Standards and Ethics Committee and /or the Governance and Audit Committee, with the following terms of reference:
a) To consider whether the land exchange proposed by Cardiff Council in its statutory capacity as local authority should be agreed by the Maindy Park Trust (‘the Charity’), having regard to the best interests of the Charity and its beneficiaries, and all relevant evidence in this respect, including (but without limitation to) independent valuation advice on the relevant land and views submitted in response to the public consultation on the proposal; and
b) to make a recommendation to Cabinet, in its capacity as Trustee of the Charity, on whether or not the proposed land exchange should be agreed (subject to approval by the Charity Commission).’
3. It be agreed to receive a further report on this matter in due course setting out the recommendations of the Maindy Park Trust Advisory Committee in respect of the Council’s decision, as trustee of the Maindy Park Trust, on whether to agree to the proposed land exchange (‘the Trust Decision’), PROVIDED THAT any Member with a serious conflict of interests in this matter shall declare that interest and withdraw from consideration of the Trust Decision.
RESOLVED: that
i. the results of public consultation on the draft Recycling Strategy 2022-25: ‘Greener and Cleaner’ attached as Appendix B be noted
ii. Approval be given to the Recycling Strategy 2022-25: ‘Greener and Cleaner’ attached as Appendix A.
iii. the outcomes of the segregated recycling pilot undertaken by 4,000 properties be noted
iv. Agreement in principle be given to the programme of change set out in the Recycling Strategy 2022-25: ‘Greener and Cleaner’ and this report and delegate authority to the Director of Economic Development in consultation with the Cabinet Member for Climate Change to roll-out the phased implementation of the programme including:
· The phased roll-out of segregated recycling as set out in this report across household properties in Cardiff.
· The phased roll-out of reduced residual waste collections as set out in this report to improve the level and quality of recycling across household properties in Cardiff.
· Undertake further pilot work in relation to Houses of Multiple Occupancy and Flats to improve recycling performance including the testing of communal segregated recycling bins.
· Review the expansion of kerbside collection services to cover items currently not collected at the kerbside.
· Enhance and strengthen education and enforcement to deliver improved recycling compliance across household properties in Cardiff.
· Develop the business case to move from a Material Recovery Facility to a Material Handling Facility required to manage segregated recycling.
· Improvements to the trade / business waste model to improve recycling and meet new legislative requirements.
· Identification of wider Council / service area change to value resources and minimise the Council’s impact on climate change.
v. the plans to enhance the cleansing service, including the move balanced resourcing and ‘same day cleanse’ following collections for inner wards be noted.
vi. the development of a business case for a future repair and re-use ‘superstore’ be noted. A further report will be brought regarding the business case.
RESOLVED: that
1. Approval be given to the revised design for the coastal protection scheme and the full business case to be submitted to Welsh Government for the Coastal Risk Management Programme.
2. the commitment of the funding contribution identified within the financial implications in Appendix 1 be approved.
3. Authority be delegated to the Director of Planning, Transport and Environment subject to consultation with the Cabinet Member for Climate Change, s.151 Officer and Director Governance and Legal Services, to deal with all aspects of contract award following the approval of the Full Business Case by Welsh Government.
RESOLVED – That the public be excluded from the meeting at this point during consideration of this item as the Committee discussed exempt information of the description contained in paragraph 16 of Part 4 of Schedule 12A of the Local Government Action 1972. The public may be excluded from the meeting by resolution of the Committee pursuant to Section 100A(4) of the Local Government Act 1972 during discussion of this item.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
RESOLVED – That the Council be recommended to approve the recommendations of the Panel to appoint the following persons to current Local Authority Governing Body vacancies as follows:
School Name
Ward
Start of Vacancy
Applications Received
Cardiff West Community High School
Ely
16/03/2022
Alexandra Nita
Coed Glas Primary School
Llanishen
01/05/2020 31/01/2022
Kathryn Howells
Rob Sutton
Eastern High
X 2 vacancies
Trowbridge
27/04/2022 01/09/2022
Martin Weinel
Gordon Plant
Gabalfa Primary School
Llandaff North
28/01/2022
Tom Woolley
Hywel Dda Primary School X 2 vacancies
Ely
29/03/2022 01/07/2022
Mahrin Fayyaz
Llanishen High School
Llanishen
27/06/2022 31/08/2022
Barbara Cooke
Gareth Bryon
Moorland Primary School
Splott
13/12/2021
Cllr Margaret Lewis
Ninian Park Primary School
Grangetown
24/06/2022
Aliyah Hussain
Pentrebane Primary School
Fairwater
11/03/2022
Lisa Clayton
Roath Park Primary School
Plasnewydd
22/07/2022
Hannah McCarthy
St Cuthberts RC Primary School
Butetown
31/07/2022
David Saunders
St Fagan's C.W Primary School
Ely
13/05/2022
Elizabeth Nicholas
The Oaks Federation
Rumney & Trowbridge
22/07/2022
Jeff Kidner
The Western Learning Campus
Caerau
08/01/2022
Raven Hope
Ysgol Glan Ceubal
Llandaff North
01/09/2022
Mark Flagg
Ysgol Gymraeg Melin Gruffydd
Whitchurch & Tongwynlais
01/08/2021
Cllr Jamie Green
The Committee received and considered applications to future vacancies against criteria, matching skills to vacancies.
RESOLVED – That the Council be recommended to approve the recommendations of the Panel to appoint the following persons to future Local Authority Governing Body vacancies as follows:
School Name
Ward
Start of Vacancy
Applications Received
Allensbank Primary School
Gabalfa
30/11/2022
Anthony Powell
Bryn Deri Primary Schoo
Radyr & Morganstown
01/01/2023
Angharad Thomas Richards
Danescourt Primary School
Llandaff
28/11/2022
Marie John
Llanishen High School
Llanishen
30/11/2022
Cllr John Lancaster
Ninian Park Primary School
Grangetown
30/11/2022
Joseph Edwards
Pontprennau Primary School
Pontprennau & Old St Mellons
30/11/2022
30/11/2022
Suzannah Edmondson
John Morley
Rhiwbeina Primary School
Rhiwbina
28/09/2022
Dr Samuel Williams
The Bishop of Llandaff C.W High School
Llandaff
26/09/2022
Efe Igurube
Ysgol Gymraeg Treganna
Canton
28/09/2022
28/11/2022
Cllr Susan Elsmore
Sharon Krause
RESOLVED: Pursuant to this Committee’s delegated powers the following development control 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.
APPLIATIONS GRANTED
Councillor Adrian Robson, in accordance with his prejudicial interest, left the meeting during consideration of this item.
21/02608/MNR – LLANDAFF NORTH
LAND AT EITHER SIDE OF RIVER TAFF COMPRISING LAND SOUTH OF EXISTING ACCESS ROAD WITHIN HAILEY PARK AND LAND AT EASTERN TURNING HEAD OF DE BRAOSE CLOSE, DANESCOURT.
The Construction of Sewerage Pumping Station and Associated Compound Within Hailey Park Connecting to the Existing Gated Hard Standing Access Road Including Internal Kiosk Units With Security Fencing and Landscape Planting to the Eastern, Western and Southern Boundaries to Prevent Landscape Impacts on Hailey Park. The De Braose Close Development Would Include a 1.2m Tall Actuation Valve Kiosk Upon Overgrown Scrubland Adjacent to the Eastern Pedestrian Footway.
Councillor Adrian Robson, in accordance with his prejudicial interest, left the meeting during consideration of this item.
22/00347/MJR – RADYR
PLASDWR, NORTH WEST CARDIFF
Re-discharge of Condition 24 (strategic foul drainage masterplan) of outline planning permission 14/02733/MJR (condition 24 previously discharged under application 19/02887/MJR).
APPLICATIONS REFUSED
18/00736/MNR – WHITCHURCH & TONGWYNLAIS
71 CHURCH ROAD
Proposed demolition of existing garage / outbuilding construction of new 2 storey detached dwelling, detached replacement garage with studio above and glazed link to existing dwelling
REASON:
This application was considered on 6th July 20122 Planning Committee where it was resolved to defer the application to the next meeting of Planning Committee for reasons for refusal. The application was refused for the following reasons:
1. The proposed layout makes insufficient provision for replacement planting in mitigation for the removal of existing vegetation / boundary planting to the detriment of the character of the Church Road Conservation Area contrary to Policies 5 KP5: Good Quality and Sustainable Design and EN9: Conservation of the Historic Environment of the Adopted Cardiff Local Development Plan.
2. The proposed dwelling would be likely to have a dominating and overbearing impact on the living conditions of the occupiers of No. 1 Wingfield Road by virtue of its scale and close proximity to the boundary with this property. As such, the proposal would be contrary to advice contained in Policy KP5: Good Quality and Sustainable Design of the Cardiff Local Development Plan and paragraph 4.11 of the Cardiff Infill Sites Supplementary Guidance (November 2017).
RESOLVED: that
i) authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Investment and Development, the Section 151 Officer and the Legal Officer to acquire the land illustrated etched red in the plan attached at Confidential Appendix 4 in accordance with the terms outlined in Confidential Appendix 4 and in line with the independent valuation set out at Confidential Appendix 5.
ii) Authorisation be given to the commencement of land referencing investigations to identify any outstanding third-party interests that may need to be acquired to enable the regeneration scheme.
iii) Approval be given to the principal of making a Compulsory Purchase order under section 226(1) of the Town and Country Planning Act 1990 (as amended by the Planning and Compulsory Purchase Act 2004) and the Acquisition of Land Act 1981 to seek the acquisition of land and interests within the site area shown edged red on the plan attached at Appendix 5.
Pursuant to powers under Section 122 of the Local Government Act 1972 and Section 227 Town and Country Planning Act 1990 to facilitate the redevelopment of the land for a Multi Storey Car Park approval be given to the appropriation of the Red Dragon Centre (RDC) over-flow car park land shown edged red on the plan at Appendix 7 for planning purposes as it is no longer required for its current purpose and it be noted that the appropriation of the RDC for planning purposes would enable the finalisation of the Full Business Case for the Multi Storey Car Park development for presentation to Cabinet at a future meeting.
RESOLVED – That the following matters be dealt with as indicated:
(1)
Case 1
The Sub Committee was advised that complaints were received from two members of the public regarding the conduct of a driver. The complaints related to an incident when the driver was alleged to have refused to use the taxi meter.
Members received representations from the complainants. Members were advised that a lone female customer entered the vehicle in Castle Street. The passenger wanted to go to Fairwater. The driver asked for the postcode of the customer and, once the journey had started, requested payment in advance. The customer stated that she was not prepared to pay in advance and asked the driver to use the taxi meter, as required by regulation. The passenger stated that at that point she felt unsafe and anxious. She asked the driver to stop the vehicle so that she could get out. The driver slowed down but didn’t stop. She got out of the vehicle whilst it was still moving.
Members also received representations from a witness to the incident. The witness was a friend of the passenger. They had enjoyed a night socialising in the city centre. The pair approached a taxi on Castle Street and the passenger asked to be taken to Fairwater. They checked in advance that the fare would be on the meter. The witness then took a photograph of the rear of the taxi and got into the taxi behind it with her partner. The witness realised that something was wrong when she saw her friend exit the vehicle whilst it was still moving.
Responding to questions from the Sub Committee, the passenger and the witness denied that they were carrying food at the time of the incident. The fare would normally cost between £11 and £12 and the driver was asking for £15 in advance. The passenger knew that this was contrary to the regulations and she became worried that she would not get home safely.
The driver claimed that both the complainant and the witness were lying. They were carrying food and large fizzy drinks from McDonalds. When the passenger was asked not to eat food in the vehicle she became aggressive.
Members asked why the driver had not mentioned McDonalds food or food of any description in the extensive statement he had provided. The driver stated that he subsequently recalled the incident. The driver denied asking for payment in advance.
When questioned by Members of the Sub Committee, the driver stated that his first statement and his second statement were completely different because he was having to deal with some personal issues at the time.
In closing the complainant categorically denied carrying food and a drink at the time of the incident. Members were advised that she doesn’t eat McDonalds food as she is lactose intolerant.
RESOLVED – That the driver be suspended for 14 days for refusing to use the taxi meter.
(2)
Application 2
The Sub Committee was advised that a driver had received 6 penalty points for a driving offence.
The drivers representative stated the driver received 6 penalty points for using a mobile phone. The phone had fallen from its holder in the vehicle and the driver handled the phone when he picked it up. The driver accepts that this was a serious error of judgement and he regretted his actions.
The driver was unaware that he was required to report that he had received 6 penalty points to the Licensing authority.
Responding to questions from the Sub Committee, the driver confirmed that he was driving his taxi but there were no passengers in the vehicle at the time.
RESOLVED – That the driver receives a written warning for a driving offence.
(3)
Application 3
The Committee was asked to consider an application for a new driver. During the renewal application the driver advised the Licensing authority that he received 6 penalty points for using his vehicle without insurance.
The driver was asked to explain the circumstances. Members were advised that the driver, his friend and his young son were shopping in a supermarket. The driver asked his friend to drive the vehicle from the car park to the adjacent petrol station because he young son was crying and he was trying to settle him.
A customer was said to have complained to the police that child was unrestrained in the vehicle whilst it was moving. Police arrived at the petrol station and questioned the driver and his friend. It was subsequently established that the friend was uninsured to drive the vehicle and the driver was charged.
The driver apologised for his mistake and accepted that he was responsible for checking that anyone driving his vehicle is insured to do so.
RESOLVED – That the renewal application for a hackney carriage / private hire drivers licence be granted.
(4)
Application 4
The Sub Committee was asked to consider whether a driver was a fit and proper person to hold a licence after he received a criminal conviction whilst licenced. The driver was asked to explain the circumstances.
The driver made a statement. The driver advised the Licensing authority of his conviction by email on 22 May 2020 and he had been waiting to be asked to appear before the Sub Committee since. He was honest and upfront and accepted that he had made a big mistake. However, the customer at the time was aggressive and after 39 years as a taxi driver he was acting in self-defence.
The driver’s representative described the incident. The driver had picked up a fare on Churchill Way and had taken the passenger to Cardiff Bay. He had difficulty obtaining payment for the journey. An argument ensued and the driver thought that things could escalate. So, in self-defence, he pushed the customer away causing him to fall. He also took the customer’s mobile phone and left the vicinity. He subsequently threw the phone into some bushes nearby.
The driver was interviewed by the police and charged. The customer had chipped a bone in his elbow.
The driver was remorseful. During 39 years of driving he had completed over 250,000 journeys and he had never reacted in this manner previously, despite provocation. He accepted his actions were wrong and he could have handled the situation better. However, his actions were an isolated incident and there was no pattern of behaviour.
The driver was not a violent person and was always professional. As a result of this incident he no longer works nights.
RESOLVED – That the driver receives a written warning regarding his conduct and be required to complete the SQA qualification within 3 months.
RESOLVED: Pursuant to this Committee’s delegated powers the following development control 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
22/00475/MJR – WHITCHURCH & TONGWYNLAIS
WHITCHURCH HOSPITAL, PARK ROAD
Discharge of condition 9 (scheme of highway works to Park Road and the Whitchurch Hospital entrance) of 20/01110/MJR
APLICATIONS DEFERRED
18/00736/MNR – WHITCHURCH & TONGWYNLAIS
71 CHURCH ROAD
Proposed demolition of existing garage / outbuilding construction of new 2 storey detached dwelling, detached replacement garage with studio above and glazed link to existing dwelling
REASON: In order for officers to draft reasons for refusal.
22/00885/MNR – CATHAYS
6 MAINDY ROAD
Change of use from a C3 dwelling house to eight person house in multiple occupation (sui generis), with ground and first floor rear extensions, rear dormer roof extension, insertion of roof light to the front roof plane and associated alterations
REASON: In order for officers to draft reasons for refusal.
RESOLVED: Pursuant to this Committee’s delegated powers the following development control 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 RESOLVED TO BE GRANTED SUBJECT TO ENTERING INTO A BINDING SECTION 106 AGREEMENT
21/02883/MJR – BUTETOWN
PHASE 2, PLOT 1 CENTRAL QUAY AT FORMER BREWERY SITE CRAWSHAY STREET.
Full planning application for a mixed-use building providing commercial uses at ground floor/mezzanine level (use classes A1/A2/A3/B1/D1/D2) and residential development above (use Class C3), is landscaping including a new public square (Chimney Square) associated car and cycle parking, access, drainage and other infrastructure works required for the delivery of central quay (phase 2, plot 1)
Subject to the following amendment to paragraph 3.11 to read.
’1 car parking spaces are proposed, which will be allocated to residential units, 3 of which are designated disabled parking bays. The car park is situated to the north-east of the site and will be accessed using a rear service lane, with a turning head to the north-eastern corner. This will then lead to the part two-way vehicle route of the boulevard, connecting to the existing Crawshay Street access’
Subject to the following amendment to paragraph 9.43 to read:
‘The proposed residential units are considered a reasonable size and will receive sufficient levels of outlook and ventilation. The application proposes 78 balconies for the 402 units which equates to 25% of the overall units’
21/02884/MJR – BUTETOWN
PHASE 2, PLOT 1 CENTRAL QUAY AT FORMER BREWERY SITE CRAWSHAY STREET
Full planning application for a mixed-use building providing commercial uses at ground floor/mezzanine level (use classes A1/A2/A3/B1/D1/D2) and residential development above (use Class C3), is landscaping including a new public square (Chimney Square) associated car and cycle parking, access, drainage and other infrastructure works required for the delivery of central quay (phase 2, plot 2)
Subject to the following amendment to paragraph 10.46 to read:
‘The proposed residential units are considered a reasonable size and will receive sufficient levels of outlook and ventilation. The application proposes 59 balconies for the 316 units which equates to 19% of the overall units’
APPLICATIONS DEFERRED
22/00475/MJR – WHITCHURCH/TONGWYNLAIS
ENTRANCE TO WHITCHURCH HOSPITAL/PARK ROAD
Discharge of Condition 9 (Scheme of Highway works to park road and the Whitchurch Hospital entrance of 20/20110/MHJ
REASON: In order for a site visit to take place.
18/00736/MNR – WHITCHURCH/TONGWYNLAIS
71 CHURCH ROAD
Proposed demolition of existing garage/outbuilding construction of new 3 storey detached dwelling, detached replacement garage with studio above and glazed link to existing dwelling.
REASON: In order for a site visit to take place.