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