Section 116 Highways Act 1980 Stopping Up of Highway on Wood Street, City Centre
RESOLVED: The recommendation is for Planning Committee to approve the application for Legal Services to make the Legal Order and book Magistrate Court appearance.
Councils support local businesses, regenerate town centres, run markets and apply for regeneration funding. They work with neighbouring councils through regional bodies called corporate joint committees.
The Cabinet member for the economy leads. Big projects go to the Cabinet, and regional ones to the corporate joint committee.
Business owners can contact the council's business support team. Regeneration plans are usually consulted on.
| Council | Items | With a decision |
|---|---|---|
| Swansea | 56 | 4 |
| Cardiff | 46 | 39 |
| Vale of Glamorgan | 21 | 19 |
| Rhondda Cynon Taf | 10 | 10 |
| Newport | 5 | 0 |
| Neath Port Talbot | 5 | 0 |
| Carmarthenshire | 4 | 3 |
| Powys | 3 | 0 |
| Gwynedd | 2 | 0 |
| Blaenau Gwent | 1 | 1 |
| Ceredigion | 1 | 1 |
| Torfaen | 1 | 1 |
RESOLVED: The recommendation is for Planning Committee to approve the application for Legal Services to make the Legal Order and book Magistrate Court appearance.
RESOLVED – (1) T H A T the passed building regulation applications, as listed in Section A of the report, be noted. (2) T H A T the rejected building applications, as listed in Section B of the report, be noted. (3) T H A T the serving of Notices under Building (Approved Inspectors Etc.) Regulations 2000, as listed in Section C of the report, be noted.
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 the applications as outlined within the report, on pages 7 through 19, under the above delegated powers be noted.
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 agreement be given to the response to the Economic and Culture Scrutiny CommitteeRecommendations to “Community Sport in Cardiff: Regional Partnerships” as contained in Appendix 1 of this Report
RESOLVED: that (i) Approval be given to the proposals in respect of changes to additional learning needs provision as set out in a paragraph 1 of this report without modification (ii) Officers be authorised to take the appropriate actions to implement the proposals as set out in paragraph 1 (iii) Approval be given to the proposal as set out in paragraph 2 without modification (iv) Officers be authorised to take the appropriate actions to implement the proposal as set out in paragraph 2 (v) Officers be authorised to publish the decisions within 7 days of determination of the proposal (vi) Authority be delegated to the Director of Education & Lifelong Learning (in consultation with the Cabinet Members for Education and Finance, Modernisation & Performance, the Director of Governance and Legal Services, the Director of Economic Development and the Corporate Director for Resources) to determine all aspects of the procurement process (including for the avoidance of doubt development of all procurement documentation and selection and award criteria, commencement of procurement through to award of contracts). (vii) the publication of a statutory notice in respect of proposals published by the Governing Body of Whitchurch High School to expand its Specialist Resource Base from 70 places to 100 places from September 2022 and future determination of the proposal be noted
RESOLVED: that 1. the 2022/23 Annual Property Plan attached at Appendix 1 be approved 2. authority be delegated to the Director of Economic Development to complete the disposal of land at St Teilo’s, via appropriation by the HRA, at market value of the property less any relevant ring-fenced sums.
RESOLVED – (1) T H A T the passed building regulation applications, as listed in Section A of the report, be noted. (2) T H A T the rejected building applications, as listed in Section B of the report, be noted. (3) T H A T the serving of Notices under Building (Approved Inspectors Etc.) Regulations 2000, as listed in Section C of the report, be noted.
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 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 the applications as outlined within the report, on pages 12 through 33, under the above delegated powers be noted.
RESOLVED – That the following matters be dealt with as indicated: (1) Case 1 The Sub Committee received representations from a complainant who alleged that a driver had failed to complete a journey, had attempted to overcharge them and had abandoned them in an unsuitable location. The Sub Committee was advised that a group of 4 passengers entered a vehicle in the City Centre. The passengers were travelling to Newport with 3 stop on route. The driver requested £110 payment for the fare. However, after starting the journey the passenger learned that a group of friends that were travelling in another taxi were paying £60. The passengers determined that £110 was excessive and attempted to enter into dialogue with the driver. The driver was not willing to negotiate and therefore the group of friends requested that the vehicle pull over in order to allow them to leave the vehicle. Upon exiting the vehicle it was alleged that the driver attempted to take money out of the hand of the complainant. The driver was ‘irate’ and intimidating. The passengers, fearing for their safety, gave him £10. When questioned, the complainant stated that the group of friend had been drinking alcohol but were not intoxicated. The complainant disagreed with the driver’s statement that he had taken the group to a cashpoint. The driver was also alleged to have provided false details to the complainant when requested. The driver stated that the fee agreed at the point of entry was £60 but an additional £5 was added for each of the 3 stops on route. When the additional fees were requested the passengers became angry and abusive. RESOLVED – That the hackney carriage/private hire drivers licence be suspended for 7 days for unacceptable conduct. The driver must also complete the SQA training course within 3 months. (2) Case 2 The Sub Committee received representations from a complainant who alleged that a driver has refused to use a taxi meter for a fare. The Sub Committee was advised that the complainant has approached a taxi on a marshalled rank in the City Centre. The driver requested £40 payment in advance. The complainant stated that he was aware that drivers must use the meter for fares within the city’s boundaries but the driver refused to do so. The complainant considered this to be common occurrence in his experience. The driver denied refusing to use the meter. The driver considered that there was a misunderstanding around the estimated cost of the journey. RESOLVED – That the hackney carriage / private hire drivers licence be suspended for 7 days for refusing to use the taxi meter. (3) Case 3 The Sub Committee considered the case of a driver who had received a caution for sending a threatening message. The driver explained that he had become involved in a heated discussion with an individual known to him which resulted in him saying something unlawful on social media. The driver accepted that he had made a mistake and he regretted his actions. RESOLVED – That the driver receive a written warning for non-disclosure of a conviction. (4) Case 4 Members were asked to consider an application for a hackney carriage/private hire drivers licence from an individual who had received penalty points for using a mobile phone whilst driving. The applicant explained that he was working food delivery driver and his phone was used to accept work via an app. The phone was illuminated on the passenger seat when he was stopped by police. He has since purchased a cradle for the device. The applicant had no other convictions. RESOLVED – That the application for a hackney carriage/private hire drivers licence be granted. (5) Case 5 The Sub Committee received representations from a driver who had declared 2 motoring convictions for speeding. The driver was asked to explain the circumstances. Members were advised that the first conviction came at the height of the Covid-19 pandemic prior to the vaccination roll out. The driver had passengers in the vehicle who were not complying with the covid safety requirements and he was concerned that he was at risk and his vehicle was contaminated. He was rushing to reach a safe place to disinfect his vehicle and there were no passengers in the vehicle at the time. The second offence occurred when this vehicle was put on cruise control. He left the M4 and still had cruise control applied by mistake. The driver stated that as a result of his actions he has 11pts on his DVLA licence and he is now ultra-cautious due to the risk to his livelihood. He has had no further convictions for over a year and he was determined to continue with that. RESOLVED – That the driver receive a written warning for motoring convictions. (5) Case 5 The Sub Committee received representations from a driver who had receive a conviction for conspiracy to supply drugs. The conviction was not declared on the driver’s renewal application. The driver stated that during the course of his work he had transported people who were dealing drugs. The police charged him with being associated and implicated with the group due to evidence on his mobile phone. RESOLVED – That the hackney carriage / private hire drivers licence be suspended for 6 months for a conviction in relation to conspiracy to supply drugs. The driver must also complete the SQA qualification within 6 months. (6) Case 6 The Sub Committee received representations from a driver who had been involved in a road traffic accident in a taxi whilst being over the legal limit for alcohol. The driver explained the circumstances. RESOLVED – That the hackney carriage/private hire drivers licence be revoked for a serious motoring conviction.
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 and asked for a £50 deposit. Members received representations from the Solicitor representing the Driver, stating that the driver had initially refused the fare but then asked for a £50 deposit as a precaution because the complainants were intoxicated and he had seen them argue with two other taxi drivers before approaching his car. He added that the driver had been a driver for 10 years, was married with 5 children, his wife doesn’t drive and he wouldn’t do anything to jeopardise his job just for extra money. There were no questions to the driver at this point. Members received representations from the complainants. Members were advised that 2 female customers had been to a concert, they had one drink there then after the concert they headed into the city centre and had one more drink. They then approached the taxi and the driver immediately said it would be £50 deposit. The complainants said they were not intoxicated, it was a work night, they had children at home. They told the driver that one of the women worked for the Local Authority and she asked for him to use his meter. She said he would not listen, he said no and repeated that he wanted £50 deposit. The women walked off and said they would be taking a picture of his badge and reporting him. Members were then advised that the complainants approached another taxi who asked for £40 deposit, they refused and took a picture of his badge, this was included in the paperwork. They then approached another taxi who said he wanted 2 separate fares rather than them sharing. They refused and took a picture of his badge but this was too blurred to be in the paperwork. The next taxi they approached agreed to take them and to use the meter. The women advised this driver what had happened and he said it had become common practice due the Uber etc. Members were advised that the trip had totalled £25 including a tip for both the women. The women added that they both have daughters and the are worried about them using taxis. Responding to questions from the Sub Committee on the fare that took them home, the complainants clarified that the fare was £22 and they gave a £3 tip. Responding to questions from the Sub Committee, the driver said he had been driving since 2012. Members asked if the driver has asked for deposits before as this is not normal practice and should be meter only. The driver said that he asks for deposits for fares outside the city. RESOLVED – That the driver be suspended for 7 days for refusing a fare. (2) Case 2 The Sub Committee was advised that a complaint had been received from a member of the public who was a wheelchair user, regarding the conduct of a driver. The complaint related to an incident when the driver was alleged to have refused to take the complainant in his wheelchair, with his brother. Members received representation from the complainant, stating that they had approached a wheelchair accessible taxi close to the New Theatre, told the driver where they wanted to go and when they went to the back of the vehicle, he drive off. Sub Committee were provided with CCTV footage of the taxi rank at the time of the complaint. Members received representations from the driver who stated that he had been flagged down by the New Theatre, a man approached him and mentioned going to Ely with his brother who was in a wheelchair. The driver said he told the man to go and get his brother, he waited for a long time but they didn’t come. The driver claims that the man who approached him was swearing and he was frightened there may be trouble, he added that he did not speak to the wheelchair user. He added that he has been attacked and robbed previously so he is cautious. The driver stated that he picks up disable drivers regularly, he regretted what had happened and apologised. RESOLVED – That the driver be suspended for 7 days for refusing a fare. (3) Application 3 The Sub Committee was asked to consider whether a driver was a fit and proper person to hold a licence after he had not disclosed a police caution on his renewal application. The Licensing Officer outlined the case and the driver was asked to explain the circumstances. The driver explained that his father had taken three passengers to London, they were being investigated by the Police who went to the family home with a warrant to take the fathers car for a few days and the driver had obstructed the constable as he thought he was taking the car for good and it was his fathers livelihood. At the police station the driver had asked if the caution would show on his file and whether he needed to declare it to the licensing authority and the police had advised him it would not show on his file. He stated if he had known he would have declared it. Responding to questions from the Sub Committee, the driver further explained the situation and explained that the police had apologised for not making the situation clear at the time and that there would be no further action taken against him. The driver added that he had previously declared an offence on an application and he would have done so on this occasion if he had known it would show on the DBS check The driver was remorseful and stated that he is a good person and taxi driving is his livelihood. RESOLVED – That the driver receives a written warning for failing to disclose a police caution on his license renewal application. License renewal approved. (4) Application 4 The Sub Committee was asked to consider whether a driver was a fit and proper person to hold a licence given that the Licensing Authority have been advised that Mr Hamad was subject to a conviction regarding consumer protection, unfair trading, hallmarking and Trademark offences. The Licensing Officer outlined the case and the driver was asked to explain the circumstances. The driver explained that he had stopped taxi driving in 2019 and started work as a manager of a shop in Pontypool. He stated that his friend had brought tobacco and cigarettes from outside of the UK to sell in the shop. He had taken the good and a few days later, Trading Standards visited the shop to check the stock. They asked if the tax had been paid on the good when they were brought into the UK. The driver explained that he thought it had been but he then found that it had not. Trading Standards had taken the goods. The driver was taken to court in Newport he pleaded guilty and was fined. He had since resigned from the shop and has no connection to the business anymore. The driver had declared the conviction on his licence renewal application. RESOLVED – That no further action was required. Application renewal approved.
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 – (1) T H A T the passed building regulation applications, as listed in Section A of the report, be noted. (2) T H A T the rejected building applications, as listed in Section B of the report, be noted. (3) T H A T the serving of Notices under Building (Approved Inspectors Etc.) Regulations 2000, as listed in Section C of the report, be noted. (4) T H A T the serving of Notices under Section 32 Buildings Act 1984 as listed in Section (D) of the report be noted.
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 – T H A T the applications as outlined within the report, on pages 14 through 32, under the above delegated powers be noted.
RESOLVED – THAT the comments of the Environment and Regeneration Scrutiny Committee and subsequent comments from Councillor Morgan be noted and considered further by the next Administration as part of an authority-wide traffic management and road safety policy that linked with both the 20mph default speed limit and plans for greater active travel opportunities . Question: Can you please confirm that the current Cabinet has brought forward this resolution and that the proposed authority-wide traffic management and road safety policy will now be addressed as a matter of priority? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Welsh Government announced on 12th June, 2022, a decision to introduce a default speed limit of 20mph in Wales. At this current time our officers are working hard to plan and deliver this project in time for the current introduction date of September 2023. This means there are limited resources to undertake any further large scale traffic policy work, but in addition it would be inappropriate to undertake this work prior to the implementation of the ongoing 20mph default project, as this involves the review of various guidance associated with the setting of speed limits which would be an essential part of any such policy. There is a detailed plan of Active Travel proposals for the Vale of Glamorgan and this can be found on the Council’s website which she would encourage people to look at. The work to develop an authority-wide traffic management and road safety policy will commence following the implementation of the 20mph default speed limit. If there are any specific issues – whether these are around a specific issue or locality that Councillor Morgan has concerns about, I would be more than happy to explore those matters further through discussion with all Members as well if they asked. Minutes - JR No. Supplemental Councillor Morgan, referring to his disappointment that nothing had been progressed, sought a meeting with the Cabinet Member to discuss the matter further. The Cabinet Member indicated that she was happy to do so. (iii) Question from Councillor Dr. I.J. Johnson How many people are currently waiting for social services support, and what is the Council doing to reduce that number? Reply from the Cabinet Member for Social Care and Health People approach Social Services for a variety of reasons. The question is very broad and so I have endeavoured to give some broad details firstly for Adults and then secondly for Children and Young People. If there is anything specific that Councillor Dr. Johnson has concerns about, I can maybe deal with that as a supplementary or through further discussion. Adult Assessment: In Adult Services there are currently 99 people in the community waiting for a Social Services assessment. There are an additional 6 people waiting in hospital for an assessment by a Social Worker There are no urgent cases waiting assessment, but there are 24 awaiting allocation and 75 cases awaiting input from an Occupational Therapist (these are lower priority) the standard we seek to achieve is for assessment to be made within 12 weeks. Adults Waiting for a Service: There are 5 people waiting for a care home placement (3 permanent, 1 temp, 1 respite). There are 120 people waiting for domiciliary care however, just over 20 of those are temporarily receiving that care from the Vale Community Resource Service which specialises in providing reablement and rehabilitation. For Children and Young People The picture here is different and the detail I will provide relates to the numbers waiting to be assessed. This is the position as at the 11/7/22: • 10 children (in 9 families) awaiting assessment by the Child Health and Disability Team. It is expected a number of these children will be allocated for assessment within a week. Minutes - JR No. • 39 children (in 28 families) awaiting assessment by the Intake Team. The list of children waiting is kept under regular review and allocated according to need. Supplemental Thanking the Cabinet Member for his response, Councillor Dr. Johnson sought clarification in respect of the market fragility and service capacity, noting that these were high on the Council’s risk register and enquired if staffing issues were affecting the Council’s ability to deliver support. The Cabinet Member confirmed that there were seven individuals waiting assessment and confirmed that in regard to Adult Services there were less than 100 people waiting for care at home and this was where the Authority was finding it particularly difficult to meet those individuals’ needs. As a result the service was conducting risk assessments for those individuals to ensure that they were prioritised. Domiciliary care was particularly difficult to resource in rural areas as a result specific initiatives were in place to develop additional capacity in the Western Vale. The supply and demand of domiciliary care was carefully monitored and over the previous three months a growing number of packages had been put in place each month. In April, this was 108 packages and in June 136. There was however a gap in capacity and Social Services had put several measures in place to mitigate the situation. He agreed to forward details of these measures to Councillor Dr. Johnson and Members of the Council. (iv) Question from Councillor Dr. I.J. Johnson How many Council houses have been built by the Vale of Glamorgan Council in the last decade? Reply from the Cabinet Member for Public Sector Housing and Tenant Engagement Given the housing crisis in this country, let alone in the Vale of Glamorgan, the straightforward answer is – not enough! But, the good news is that the Council re-commenced its house building programme in September 2017, and since this date Council has completed 76 properties in the following areas: • Francis Road, Barry – 3 no. units • Llys Llechwedd Jenner, Barry – 28 no. units • Clos Holm View, Barry Phase 1 – 11 no. units • Court Road, Barry – 11 no. units • Lon y Felin Wynt, Hayes Road, Barry – 23 no. units 67 properties are currently under construction and these are: Minutes - JR No. • St Cyres Road, Penarth – 14 no. units • Hayeswood Road, Barry – 53 no. units We are ‘in contract’ for 32 properties and awaiting construction start dates at: • Coldbrook Road East, Barry – 20 no. units • Colcot Clinic, Barry – 12 no. units Awaiting Planning Decision, but due to start on site 2022/23, on a further 49 properties at the following locations: • Clos Holm View, Barry (Phase 2) – 31 no. units • Maes y Ffynnon, Bonvilston – 8 no. units • Olive Lodge, Barry (acquisition pending) – 10 no. units In addition we currently have 346 units for schemes at Feasibility and Pre- development stage from 2023. Supplemental Councillor Dr. Johnson, being pleased to hear that the projects were under delivery, enquired of the Cabinet Member as to what consideration she had given in the context of the number of units quoted in her response, the impact of inflation and supply chain issues affecting the construction industry would have on the delivery of the programme over the coming years. The Cabinet Member acknowledged that there had been difficulties with costings of materials and prices from contractors and the Council was working hard to mitigate these pressures and she indicated that she would provide Councillor Dr. Johnson with a written reply. (v) Question from Councillor Dr. I.J. Johnson What is the current situation regarding the Model Farm development? Reply from the Cabinet Member for Community Engagement, Equalities and Regulatory Services Planning permission was quashed in October 2021 when the Court Order by HHJ Jarman QC confirmed the application for permission for judicial review was granted. The planning application is now back with the Council for determination. A new public consultation regarding the planning application was undertaken earlier in the year and additional viability information has also been presented by the applicant which the public could comment on. This information is currently being considered by relevant experts on behalf of the Council. The application remains under assessment and will be reported back to Planning Committee for consideration once this process (including the assessment of the viability information) is complete. However, it should be noted that the application Minutes - JR No. is also currently subject to a holding direction from Welsh Government and once the Planning Committee considers the application, it will have to be passed back to Welsh Government for an actual decision. The application will not be on the agenda for next Planning Committee on 27th July and is likely to come back for consideration in the Autumn. Supplemental Councillor Dr. Johnson sought clarification on the process and decision-making in terms of who would make the final decision regarding the granting of planning permission. Referring to the holding direction received from Welsh Government the Cabinet Member confirmed that the matter would come back to the Council’s Planning Committee in the near future to consider officers’ recommendations. Once the Planning Committee had considered the matter the application would be passed back to Welsh Government for the final decision. (vi) Question from Councillor Dr. I.J. Johnson What is the timetable for a new-build Welsh medium school in Cowbridge? Reply from the Cabinet Member for Education, Arts and the Welsh Language Thank you for your question. The new build Welsh Medium School in Cowbridge proposal will need to be subject to a statutory consultation process. This is provisionally planned for September 2022 and a final determination on the education proposal likely in March 2023. This consultation is required to determine what form of Welsh Medium primary school would be most appropriate based on the statutory considerations outlined in the School Organisation Code. It is anticipated that the funding for the project will form part of the extended Sustainable Communities for Learning Band B programme. This will depend on Welsh Government approval to extend the programme. Projects within the Band B programme must be approved before 2024 and completed by 2026. Based on the current estimated timeframe it is expected that the relevant business case, planning and SAB approvals would be in place by September 2023 to allow construction to begin. The new school would be anticipated to open in January 2025 subject to no delays in achieving the relevant approvals. The Council’s draft Welsh in Education Strategic Plan covering the years 2022 to 2032 requires the new school to be delivered by 2027. Under the current programme the Council aims to deliver the new school by 2025. However, this is subject to the necessary funding being in place and the outcome of the relevant stages of the decision making process. Minutes - JR No. Supplemental Councillor Dr. Johnson enquired if any lessons had been learned from the Barry Waterfront development. The Cabinet Member confirmed that there had been and she would be happy to discuss these with Councillor Dr. Johnson further. (vii) Question from Councillor M.J. Hooper Given the upcoming changes at Westminster, and especially cognisant of Boris Johnson's personal agenda, have the Council identified any new risks to the levelling up funding bid, and what are they doing to mitigate said risks? Reply from the Executive Leader and Cabinet Member for Performance and Resources The scope of the Levelling Up Round 2 remains unchanged and changes within Westminster have not impacted on bid development. The Portal for submission of bids had opened and the Council bid would be submitted shortly. The Council has identified this as a risk in terms of delivery timescales for capital works should the bid be approved. It is hoped that the end dates for delivery or the appraisal window will be amended by UK Government to mitigate against this delay at the start of the process. Supplemental Councillor Hooper, referring to the current Prime Minister leadership contest and to the pledges relating to taxation made by the candidates which economic commentators believed could result in implications for future levelling up funding and shared prosperity funding, asked the Leader if she would consider a review of the risks. Referring to scenario planning by the Project Team, the Leader indicated that they were well ahead in terms of working out the potential implications, but until clarity was achieved within the Conservative party, it was a case of waiting and seeing and then act accordingly. (viii) Question from Councillor C.A. Cave Could the Cabinet Member please explain the criteria for cutting highway verges? Reply from the Cabinet Member for Neighbourhood and Building Services There are set criteria for the various designated areas of the Highways Verge network and the detail of this is as follows: Minutes - JR No. There are 150km of carriageway designated as Strategic Routes within the adopted highway, these are cut during May, July and September throughout the growing season to an average width of 3 metres. There are 655km of carriageway designated as Non-Strategic Routes within the adopted highway, these are cut on one occasion at an average width of 1.2 metres after the 3rd Monday in July to aid users of the carriageway but also to aid / assist the ecological interest of these verges. There are several recognised Vision Splays within the highway network that require cutting at the beginning of the growing season to ensure appropriate vison at these junctions, this would usually take place in May, however within our contract we also have the ability to call upon a second vison splay cut if verge growth requires it. Supplemental Councillor Cave sought an explanation from the Cabinet Member as to why contractors were being allowed to choose when and where they would cut grass verges. She had particular concern that vehicle vision splays were not being appropriately managed. The Cabinet Member indicated that he was not aware of any particular issues in regard to the maintenance of highway verges but gave an assurance that he would investigate the matter. (ix) Question from Councillor C.A. Cave Will the Cabinet Member please give his support to a Rural Roads Policy? Reply from the Cabinet Member for Sustainable Places Thank you for your question and I would advise that I am aware that this matter has already been responded to and addressed via Council questions by the previous Cabinet Member for Neighbourhood Services and Transport. I would concur with his statements and position stated at that time, however, for the avoidance of doubt I would clarify as below for new Members. The Council’s local road network comprises a mixture of road classes and unclassified roads within the rural Vale incorporating country lanes. It is the case with a significant number of both urban and rural roads throughout the Vale that these were not designed or constructed to accommodate the current mix and volume of traffic, pedestrian, cyclist and equestrian users. However, all roads including rural roads and country lanes, must carry a certain composition of traffic to serve the needs of the local population both from a business, work and leisure perspective and motorists who use these roads should do so with appropriate care and consideration for others. It is also accepted that there is a general increase in the use of all roads for various purposes, but this is Vale wide and affects all classes or road both rural and urban. Minutes - JR No. Where specific safety or conflict issues arise along rural roads or country lanes this is already investigated and managed based on specific investigation and evidence obtained in the same was as urban roads to ensure the Council comply with its statutory duty to manage its overall highway network in accordance with the appropriate legislation. There are no requirements for the Council to manage country lanes or rural roads separately or in a different manner to its other local road network and there is no evidence that country lanes are generally unsafe, albeit there is a recognition of a slightly different mix of traffic and infrastructure conditions in managing various elements and classes of road within the Vale’s local road network. Where issues on any country roads are brought to the Council’s attention then these will be fully investigated based on the evidence and risk approach in the same way that all other roads are assessed and managed. As a consequence, and based on the above position, I do not consider that there is a need to have a separate Rural Roads Policy as safety and traffic conditions are already considered specific to each circumstance and section of road based on investigation and evidence whether this is a rural country lane or busy urban road. In summary, the Council’s highways teams review and considers specific concerns on its rural network in the same manner as any other road within the Vale’s local highway network and this is considered adequate, reasonable and a proportionate way to deal with safety issues which may be raised or occur at any time. Finally, and as referenced in one of my previous responses, at a meeting of the Cabinet on 28th February 2022 consideration was given to a reference from the Environment and Regeneration Scrutiny Committee concerning a suggested Rural Roads Policy in the Vale. Cabinet at the time resolved to note the comments of the Environment and Regeneration Scrutiny Committee and subsequent comments from Councillor Morgan and considered further by the next Administration as part of an authority-wide traffic management and road safety policy that linked with both the 20mph default speed limit which she supported. I agree with the previous Cabinet Member’s position on this matter and as I have stated, work to develop an authority-wide traffic management and road safety policy will commence following the implementation of the 20mph default speed limit. Supplemental Thanking Councillor Morgan for his support and campaigning for such a policy, Councillor Cave asked the Cabinet Member if she would accept an invitation to visit her ward to look at issues that had not been addressed by her Cabinet predecessor. The Cabinet Member indicated that she would be happy to visit Councillor Cave’s ward. Minutes - JR No. (x) Question from Councillor G.D.D. Carroll What action is the Council taking in response to the impacts of inflation on the Authority’s budgets? Reply from the Executive Leader and Cabinet Member for Performance and Resources The inflationary pressures are impacting on all of the Council’s finances both revenue and capital. For revenue the Council has been largely protected on rising utility costs having purchased its gas and electric in advance but is seeing pressure coming through on changes to standing charges. Negotiations are ongoing on the 2022/23 pay award and it is looking likely that the 3% set aside will be insufficient. Services are managing their budgets tightly to ensure the Council’s finances are as robust as possible. Regular sessions are held to discuss budget pressures across all Directorates. You will also be aware that regular revenue (and capital) monitoring reports are brought before Cabinet (and all Scrutiny Committees) so that the budgets can be monitored and where necessary, action taken to address emerging issues. Pressures are also coming through in Capital and again the finance team are working with service managers to understand the impact of rising prices at a scheme level. As part of this work we are ascertaining progress on schemes, whether work is under way, contracts agreed or work still out to tender. Managers are having to value engineer schemes to keep to agreed cost envelopes. In particular cases, such as with key projects that are funded via Welsh Government (21stC schools being a key example), discussions are held to establish whether inflationary pressures can be factored into any awards. Finally, all be aware that the Council does hold specific reserves (both revenue and capital) which are available to be used as a consequence of cost pressures, including inflationary increases. Supplemental Councillor Carroll enquired if the Leader anticipated a draw down from reserves and what this amount would be. The Leader pointed out to Councillor Carroll that this had been set out in recent reports to the Corporate Performance and Resources Scrutiny Committee and the Governance and Audit Committee. Those reports referred to reserves that could be used and would be used if deemed necessary and it was just as well the Council had these. Minutes - JR No. (xi) Question from Councillor G.D.D. Carroll Will the Cabinet Member please provide an update on action the Council is taking to improve highway infrastructure on Llandough Hill? Reply from the Cabinet Member for Neighbourhood and Building Services Thank you for your question, however, it is unclear exactly what information you are looking for regarding the highway infrastructure on Llandough. I can confirm that Llandough Hill is recorded as adopted highway and the Council as local highway authority has a duty to maintain it at public expense under Section 41 of the Highways Act 1980. I am unaware of any other infrastructure on Llandough Hill that you may be referring too. Perhaps if you could elaborate, I would be happy to respond further. Supplemental Councillor Carroll asked the Cabinet Member if he would support the resurfacing of the road. The Council’s three year plan which provided a method whereby individual roads were identified and prioritised for resurfacing through consideration of several specific criteria, which included but was not limited to road classification, ongoing maintenance costs, customer complaints and third party claims. The process enabled the Council to implement an annual programme of resurfacing works on a priority basis so as to manage its highway asset in the most cost effective and beneficial manner subject to the funding available annually for such works. The three year plan had recently been updated and was presented to Cabinet on 7th July, 2022 and the Environment and Regeneration Scrutiny Committee on 12th July, 2022. The agendas and minutes of these meeting were available, as he pointed out to Councillor Carroll, via the Council’s website. That Cabinet report identified that Llandough Hill was identified as scoring 195 points on the three year Resurfacing Plan and it was anticipated, based on current funding available in the current financial year, that resurfacing works would be undertaken to roads scoring a total of 210 points or above. Therefore it was unlikely that the road would be resurfaced in the current financial year, although the position would be reviewed again in 2023. (xii) Question from Councillor R.R. Thomas Will the Leader confirm how many potholes have been reported to the Council within the town of Penarth in the last 12 months? Reply from the Executive Leader and Cabinet Member for Performance and Resources I am informed that 126 carriageway defects have been reported to the Council from July 2021 to June 2022. All of these reported defects have been inspected Minutes - JR No. to ensure they meet the intervention criteria set by the Council. The criteria is available on the Council’s website and the Environment and Regeneration Scrutiny Committee had also discussed this recently. In addition, the Council’s Highway Inspectors have raised some 242 actionable carriageway defects in Penarth from July 2021 to June 2022. Some of these defects will be in the 126 reported defects identified above. Whilst we regularly inspect all our highways, as has been detailed, defects will appear in between these inspections. We therefore encourage all residents to use the ‘report it’ feature on our website if they are concerned about a pothole, or alternatively to telephone our contact centre with this information. Supplemental Councillor R. Thomas, referring to the Council’s report which only identified one road which required resurfacing which he was disappointed with, asked the Leader why residents of Penarth were low on the Council’s priority list and invited her to visit the ward with him to walk and speak to residents on the issue. The Leader indicated that she regularly walked and cycled around the Plymouth ward for a number of reasons and that at a recent visit to the ward she only identified three potholes which had already been assessed for repair and since that time the work had been undertaken. She reminded Councillor Thomas that she regularly reported potholes for repair and recounted from emails she had retained for her records that she had reported a number of defects to road across Penarth in 2017 and 2018. In 2019 she had reported 132 defects and one road where she had reported potholes had since been resurfaced. In 2020 she had reported 5 defects and in 2021 she had reported a further 47 defects across various locations in Penarth. She also pointed out to Councillor Thomas that she also took the time to report street bins that required emptying, street lights that were not working and graffiti. She was not only a voice for the community in the Council but an effective Councillor. She also reminded Councillor Thomas of the reporting feature on the Council’s website and suggested that he walked his ward and reported any potholes which she had no doubt would be repaired if they met the Council’s repairs criteria. (xiii) Question from Councillor G. Bruce Why has the Council not taken action to ensure adequate school transport provision is put in place for pupils travelling from Rhoose Primary to Cowbridge Comprehensive following catchment area changes to protect the education continuity of pupils attending Cowbridge? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Free home to school transport is provided to secondary aged pupils who live three or more miles from their catchment school. Minutes - JR No. Transport is provided for any pupil who qualifies either on distance grounds or because they do not have an available walking route to school, if they attend their catchment area school. This is and has been the Authority’s position and is part of the school and college transport policy which can be found on the Council’s website. Pupils moving up from Rhoose Primary to Cowbridge Comprehensive in September 2022 will be allocated free school transport, as long as they live in catchment. Parents are able to apply to any school they wish, but as outlined in the Policy if it is non-catchment parents/carers will be responsible for transport provision. The change of catchment for Cowbridge Comprehensive, that included Rhoose moving into catchment was, as other changes in school catchments have been, a phased approach. The change came in for Year 7 in September 2021 and will be for both Year 7 and Year 8 in September 2022. The Council does not change the catchment for all year groups at the same time. If that was to happen, in this particular case, then all pupils who attended Llantwit Major Comprehensive and live in Rhoose would all be out of catchment and not qualify for free school transport. That would affect close to 230 pupils who live in the Rhoose area and who knowingly choose to attend at that time their catchment school, Llantwit Comprehensive. The Council has fulfilled its statutory duty and continues to provide transport for pupil who attend their catchment school. I am aware of issues raised with regards costs for the private bus that runs from Rhoose to Cowbridge Comprehensive which is in part due to a lack of pupils not needing to purchase seats on this bus as they now travel for free on a Council contracted school bus. However, I will refer to another private bus that ran from the Ely area of Cardiff to Cowbridge Comprehensive that another operator decided to cancel at the beginning of this year. This was not due to lack of passengers, it was a decision made by the operator for business reasons. The Council has no control over the running of private services and as such operators can make decisions on fares, whether or not they run a service or the route the bus may take without consultation (xiv) Question from Councillor C.P. Franks Will the Cabinet Member indicate the additional tax burden falling on the Vale of Glamorgan Council in respect of the proposed increase in National Insurance contributions imposed by the UK Government? Minutes - JR No. Reply from the Executive Leader and Cabinet Member for Performance and Resources The direct impact of the NI increase in 2022/23 was calculated as part of the Budget proposals to be £1.034m – this figure includes all schools. In terms of the indirect impact on for instance social care providers – we haven’t been able to put a figure on this as we do not have sufficient detail on our suppliers pay and the increases to Social Care Providers for 2022/23 would reflect the RLW increase and other inflationary impacts such as energy costs. Supplemental Councillor Franks sought an assurance from the Leader that all front line services would be protected in the face of increased National Insurance contributions. The Leader referred to the fact that the increase had been budgeted for as part of the Council’s budget setting process and alluded to approximately £1m of additional costs that had been accounted for. The budget setting process for the previous financial year identified £24m shortfall and that the Council had received a good budget settlement from the Welsh Government. However, she did not know what the settlement would be for the future financial year, but it was unlikely that it would be at the same level. Alluding to the forthcoming budget setting process that the Council would be undertaking, this would need to take account of a number of additional financial challenges and she specifically referred to energy prices and inflationary pressures. She would do all that was humanly possible to protect services starting with the most vulnerable. (xv) Question from Councillor C.P. Franks The Cabinet Member will be aware of increasing concerns in Dinas Powys regarding road safety. Will you indicate what measures are being implemented to make our streets safer? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Thank you for your question, however, I note that you do not provide any specific details relating to your road safety concerns and it is therefore difficult for me to respond specifically. The Council receives numerous concerns regarding a variety of aspects relating to road safety throughout the Vale and investigates those concerns as appropriate and as far as reasonably practicable given the current resource available and its current powers and responsibilities. I would firstly clarify that the Council as local highway authority has a statutory duty under Section 39 of the Road Traffic Act 1988 to undertake studies into road traffic collisions, and to take steps both to reduce and prevent them as far as reasonably practicable and appropriate. To carry out this duty, the Council Minutes - JR No. reviews collision data provided by the Welsh Government on a six monthly basis relating to injury collisions which have occurred within the Vale’s local highway network and considers the evidence and potential contributary factors associated with those collisions. Where necessary based on this analysis and the potential cause of any collision, the Council will consider schemes to improve road safety subject to available funding. This includes Dinas Powys, however, I am unaware of any serious injury collision within the village which require any specific and immediate consideration at this time. There is quite often some confusion over responsibilities with regard to highway safety matters and speed related issues. Although, the Council sets speed limits, the primary responsibility for speed enforcement rests with the Police and the Council has no powers to deal with speeding offences. For this reason, we recommend that contacting South Wales Police should always be the first line of approach taken by members of the public who are concerned about speeding issues in their local area. Alternatively, residents can make a request for speed camera enforcement direct with GoSafe, the Wales Casualty Reduction Partnership, whose primary function is to make Welsh roads safer by reducing road casualties. However, the Council, Police and GoSafe will generally recommend residents consider the setting up of a community speed watch scheme which has proven to helpful deterring speeding in local areas throughout Wales and of which there are many example throughout the Vale. Details can be found on the GoSafe website. In exceptional circumstances, where there is a significant history of personal injury collisions, and where police and/or GoSafe action has failed to reduce speeding offences and improve road safety, the Council will consider introducing further measures to assist with speed enforcement such as traffic calming. Such measures are expensive to introduce and where further measures are considered necessary then those schemes compete for limited Welsh Government grant funding, where in most, if not all cases, the most severe locations are awarded funding. The Council has currently accumulated a significant number of schemes that are awaiting future funding. Finally, you will also be aware of the Welsh Government proposal for 20mph speeding limits in Wales following the issue of advice on 12th July, 2022 by the Head of Neighbourhood Services and Transport. The Senedd also voted on and approved the proposal to reduce the default speed limit from 30mph to 20 mph on restricted roads and residential streets on 12th July, 2022. Council officers are currently working through the requirements of the legislation to understand the implications within the Vale and which roads will be impacted after having successfully taken part in one of eight Welsh Government pilots for the 20mph default speed in St. Brides Major. The default speed limit is due to be implemented in September 2023 and this measure would hopefully address ongoing road safety concerns relating to speed not only in Dinas Powys but throughout the Vale where the limit is to be implemented. I anticipate that the Council will be able to provide further details on the implications for individual areas in Autumn 2022. Minutes - JR No. Supplemental Referring to the necessary investment, policing, enforcement and the lack of safety schemes including the provision of a camera safe scheme in Dinas Powys which volunteers were happy to support if provided the equipment, Councillor Franks asked the Cabinet Member what she was going to do about it. The Cabinet Member referred to her initial response and reminded Councillor Franks that these measures would help address the issues he raised. The Council was taking serious steps to address road safety and reminded Councillor Franks that the Police also had an important role to play in the issue. (vxi) Question from Councillor C.P. Franks In the event of serious flooding of residential and commercial properties what plans exist to safe guard vulnerable people? Reply from the Cabinet Member for Neighbourhood and Building Services The Council’s Civil Protection Unit (CPU) operate a 24/7 365 duty officer system to respond to emergencies. The CPU works with other service areas to respond and if necessary will open an emergency control room, usually based at the Alps in Wenvoe. In the event of a flooding emergency, officers will contact the Social Services Emergency Duty Team to ascertain if there are any known vulnerable residents within the area, but it should be noted these would only be if they are social services clients. Welsh Government are working on a system called JIGSO which is a web service that allows the user to be able to search a specific area of a map and identify the properties within which are vulnerable citizens who may require assistance during an emergency such as flooding/snowfall or perhaps an area being affected by smoke. For example, the user can draw a circle/polygon around an area and within a matter of minutes, be able to identify which households require assistance. This will allow vulnerable citizens to receive priority assistance to prepare for an emerging incident, receive additional support as a result of an event e.g. water bottles, or evacuate if required. In the case of Storm Bella in 2020, to obtain data on which properties required assistance took some time, with JIGSO this information can obtained in a couple of minutes. The maps can also be changed i.e. a black and white map just showing outlines or perhaps a satellite map (similar to Google Earth but in more detail) can be selected. The system, which is unique to the UK, now means that data is now available within minutes detailing the most vulnerable citizens in our communities so they can be supported when an incident occurs. In addition the CPU has produced a new Community Flood Plan and Extreme Weather Guidance, that explains how to prepare a Community Flood Plan. This Minutes - JR No. plan can be completed by households and as a community or flood group. This can help communities develop local level plans that will assist local communities and groups to identify and prepare plans for any vulnerable residents within their local community who may need extra assistance, guidance can be found on the Council’s website where you will also find further information and guidance, for residents and businesses, on what to do before, during and after a flooding event. Supplemental Referring to the recent flooding events in Dinas Powys Councillor Franks asked the Cabinet Member if he would reconsider the level of support from the Council in future to vulnerable residents. Disagreeing with Councillor Franks’ assessment of the support provided by the Council during the recent flooding events having seen related reports, it was his view officers had worked hard to support affected residents. (xvii) Question from Councillor J.E. Charles Will the Cabinet Member please outline the Council’s waste recycling targets and confirm if these are being met. Reply from the Cabinet Member for Neighbourhood and Building Services The last measured recycling and the minimum Local Authority recovery (recycling, preparation for re-use and composting) target was 64% (2019 / 2020). The Council had to achieve a recycling rate of 64% within this target year and thereafter up until 2023 / 2024. During the target year of 2019 / 2020, the Council recorded a recycling rate of 70.3% exceeding the statutory target. The next measured target will be 70% by 2024 / 2025. At present, the Council continues to exceed the statutory targets and it is currently the second highest performing Council in Wales and on target to achieve and exceed the 2024 / 2025 target. Supplemental Referring to the current emergencies, Councillor Charles enquired if the Council would make more savings from increasing recycling and reuse rates. The Cabinet Member indicated that the Council had plans to do this and referred to the new waste transfer station at Cowbridge with a further facility to be provided at the Atlantic Trading Estate, Barry. Minutes - JR No. (xviii) Question from Councillor C.E.A. Champion Will the Cabinet Member consider increasing the number of separated recycling waste bins in the public spaces across the Vale? Reply from the Cabinet Member for Neighbourhood and Building Services There are no immediate plans to provide separated recycling bins for town and rural litter as previous trials affected recycling quality and increased contamination levels due to poor compliance by users with the various separate recycling compartments. However, when the Council’s new recycling plant opens next year there will be greater service flexibility for further trials and hopefully improved compliance due to there being a greater awareness now amongst residents and visitors of the need to effectively recycle all waste. We will therefore plan to undertake further work in this area during 2023. Supplemental Councillor Champion enquired why the Council did not have separated recycle bins when other Councils did. In response the Cabinet Member referred Councillor Champion to his original reply for the reasons.
RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C922, 25th April, 2022 (as set out in Section 15.14 of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. DRAFT MODEL CONSTITUTION GUIDE (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C926, 25th April, 2022 (as set out in Section 15.14 of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. TEMPORARY HIGHWAY TRADING LICENCES (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C26, 23rd June, 2022 (as set out in Section 15.14 of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. Minutes - JR No. THE LEVELLING UP FUND (ROUND 2) AND UK SHARED PROSPERITY FUND (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C28, 23rd June, 2022 (as set out in Section 15.14 of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution.
RESOLVED: that a) Cardiff Council’s submission to the Shared Prosperity Fund Regional Investment Plan, as detailed in paragraphs 24 to 34 be approved b) Authority be delegated to the Leader and Chief Executive to shape and endorse the final Regional Investment Plan submission by the Lead Body in the Leader’s capacity as the Council’s representative on the Cardiff Capital Region Cabinet and Corporate Joint Committee. c) Authority be delegated to the Director of Economic Development, in consultation with the Section 151 officer, the Corporate Director People & Communities, the Director of Education & Lifelong Learning and the Director of Planning, Transport & Environment to establish an internal programme management team. d) Authority be delegated to the Chief Executive, in consultation with the Leader of the Council to develop a detailed governance and delivery framework for the operation of the Shared Prosperity Fund in Cardiff. e) Agreement be given to agree and enter into all legal agreements with the Lead Body and partner authorities in connection with the Shared Prosperity Fund, subject to legal advice.
RESOLVED: that (i) the proposals in respect of changes to Additional Learning Needs provision as set out in a paragraph 1 of this report be approved without modification. (ii) officers be authorised to take the appropriate actions to implement the proposals as set out in paragraph 1 of this report (iii) officers be authorised to publish the decision within 7 days of determination of the proposal authority be delegated to the Director of Education & Lifelong Learning (in consultation with the Cabinet Member Education and Cabinet Member Finance, Modernisation & Performance, the Director of Governance and Legal Services, the Director of Economic Development and the Corporate Director for Resources) to determine all aspects of the procurement process (including for the avoidance of doubt development of all procurement documentation and selection and award criteria, commencement of procurement through to award of contracts).
RESOLVED: that (i) the proposals in respect of changes to The Court Special School, Cardiff West Community High School and Eastern High as set out in paragraph 1 of this report, be approved without modification. (ii) Officers be authorised to take the appropriate actions to implement the proposals as set out in paragraph 1 of the report (iii) officers be authorised to publish the decision within 7 days of determination of the proposal (iv) authority be delegated to the Director of Education & Lifelong Learning (in consultation with the Cabinet Member for Education and Cabinet Member Finance, Modernisation & Performance, the Director of Governance and Legal Services, the Director of Economic Development and the Corporate Director for Resources) to determine all aspects of the procurement process (including for the avoidance of doubt development of all procurement documentation and selection and award criteria, commencement of procurement through to award of contracts).