Planning applications, the local development plan and what can be built where.
What councils do
Councils decide planning applications for new buildings, extensions and changes of use, and write the local development plan that says where new homes and jobs can go. National parks decide applications inside their boundaries.
Who decides
Planning officers decide most applications. Larger or disputed ones go to the planning committee of councillors, which meets in public.
Having a say
Anyone can comment on an application while it's open, usually for 21 days. Stick to planning matters such as traffic, design, noise and overlooking.
In numbers
Welsh councils plan to spend £40 per person on this in 2026-27.
It ranges from £13 in Pembrokeshire to £152 in Neath Port Talbot.
Planning applications decided within eight weeks: 45% across Wales.
RESOLVED –
(1) T H A T the updates to the Cabinet Quarterly Work Programme for April to
June 2022 attached at Appendix 1 be agreed.
(2) T H A T the Cabinet Quarterly Work Programme July to September 2022
attached at Appendix 2 be endorsed.
Reasons for decisions
(1) To monitor progress.
(2) To approve the Work Programme for July to September 2022.
C37 VALE OF GLAMORGAN COUNCIL: ANNUAL PERFORMANCE
CALENDAR 2022/23 (EL/PR) (SCRUTINY – ALL) –
The report presented the Vale of Glamorgan Annual Performance Calendar for
2022/23 which outlined the key plans and reports that would be subject to
consideration by Members throughout the year. The report also outlined how the
Council proposed to engage with the new cohort of elected Members in shaping the
processes, key plans and reports aligned to the Annual Performance Calendar to
enable the Council to meet the new performance requirements of the Local
Government & Elections (Wales) Act 2021 (LG&E Act) and contribute to the national
goals of the Well-being of Future Generations (Wales) Act 2015 (WBFG).
The timeline for producing the Council’s first self-assessment report under the new
performance provisions of the LG&E Act aligned with existing performance
management arrangements and would bring together key performance and
governance related insights throughout the year into a summary judgement on how
well the Council were meeting the performance requirements. The report would be
published in November 2022 with copies provided to the Auditor General for Wales,
Her Majesty’s Chief Inspector of Education and Training in Wales (‘Estyn’) and
Welsh Government Ministers in line with the statutory guidance.
Cabinet 2022
Appendix A to the report proposed an approach to engaging with Members on the
Council’s Performance Management Framework through the Annual Performance
Calendar of activities in order to develop their skills and knowledge and strengthen
their involvement in shaping and refining the key plans, reports and processes that
would support them in their key role of assessing whether the Council was achieving
its Well-being Objectives, delivering value for money and improving the wellbeing of
its citizens. Officers would use the outputs of the engagement work to shape the
development including format, content and presentation of Council plans, reports
and data insights to better support Members in their roles. This had been informed
by feedback previously received from elected Members, notably around the
production and scrutiny of service plans.
The Leader said that performance monitoring had always been high on the agenda
for the Vale of Glamorgan Council but would help to further strengthen existing
performance arrangements to enable the Council to meet the new performance
requirements.
Councillor Williams said it was good to have an overview of the reports coming
through, that Cabinet Members had been involved with peer challenges and looking
at Directors’ areas of work. He was pleased this would continue on through the year.
The Leader agreed that it was important to understand how all the various reports
linked in with the different Service Plans.
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 Vale of Glamorgan Annual Performance Calendar 2022/23 and
the proposed approach to engaging with Members in-year to shape and refine the
Annual Performance Calendar and associated processes, plans and reports to
enable the Council to meet the new performance requirements be endorsed.
(2) T H A T the report be referred to all Scrutiny Committees and the Governance
and Audit Committee for consideration, with any views being referred back to
Cabinet. Should Scrutiny Committee make no further comments, Cabinet would
consider the Annual Performance Calendar for 2022/23 as agreed.
Reasons for decisions
(1) To ensure the Council fully discharged its duties under both the Well-being of
Future Generations (Wales) Act 2015 (WBFG) and the Local Government &
Elections (Wales) Act 2021 to publish annual well-being objectives, keep
performance under review and consult and report on our performance through an
annual self-assessment relating to the previous financial year.
Cabinet 2022
(2) To ensure all Scrutiny Committees and the Governance and Audit Committee
(Section 114 of the Local Government & Elections (Wales) Act 2021) had oversight
of the Annual Performance Calendar and their views inform the Council’s approach
to meeting the new performance requirements.
C38 HIGHWAY MAINTENANCE THREE YEAR PLAN 2022 – 2024 (NBS)
(SCRUTINY – ENVIRONMENT AND REGNERATION) –
Section 41 of the Highways Act 1980 detailed the Council’s legal duty as highway
authority to maintain highways at public expense.
The Highway Maintenance Three Year Resurfacing Plan 2022 – 2024 provided the
foundation for delivering a well-maintained and managed highway which was
essential to sustain the Vale of Glamorgan's economic, social and transport needs.
The proposed Resurfacing Plan was attached at Appendix A to the report with
priority roads identified by the Council's Highway Engineers as requiring treatment.
All roads listed within the Plan for resurfacing had been assessed over the last 12
months in accordance with the 'Carriageway Resurfacing Prioritisation Scoring
System' as detailed at Appendix B to the report and would be treated in financial
year 2022/2023.
The roads listed for Micro Asphalt and Surface Dressing were preventative
treatments determined by engineering assessment only and listed at Appendix A.
The allocation of the budget for 2022/23 would be spent on three carriageway
treatment types, namely Resurfacing, Surface Dressing and Micro Asphalt works in
line with the priority listing in the Plan. It was anticipated the available budget of
£2.3million (2022/23) would enable the resurfacing of roads scoring a total of 210
points or above on the Plan for 2022/23.
Those roads listed within Appendix A that did not receive works this year would be
planned for completion in the next financial year, subject to adequate funding.
Those roads listed with no scores against them had been added to the Plan following
on from stakeholder referrals and would be reviewed once assessed, scored and
considered on review of the Plan.
Should the condition of any highway be such that it required immediate attention, it
was suggested that the Director of Environment and Housing be granted delegated
powers, in consultation with the Cabinet Member for Neighbourhood and Building
Services, to amend the Plan.
The Cabinet Member added that areas on the Highway Maintenance Scoring Matrix
with a score of less than 210 would still be looked at and reassessed to see what
could be prioritised. Works were able to be reassessed as weather could have an
impact on the condition of roads. The £200k revenue budget for footway repairs was
important for promoting active travel within the community.
Cabinet 2022
The Deputy Leader welcomed the inclusion of active travel as part of the three-year
plan as it linked to the Council’s Active Travel Plans.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein and including the typographical amendment to Resolution (4)
RESOLVED –
(1) T H A T the contents of the Highway Maintenance Three Year Resurfacing
Plan 2022 to 2024 as attached at Appendix A to the report be noted and the priority
locations for resurfacing be agreed.
(2) T H A T the Director of Environment and Housing be authorised to amend the
Plan, in consultation with the Cabinet Member for Neighbourhood and Building
Services, if urgent highway resurfacing priorities were identified.
(3) T H A T the matter be referred to the July 2022 Environment and
Regeneration Scrutiny Committee for consideration.
(4) T H A T, subject to no comments that would affect the Plan as proposed being
received from the Environment and Regeneration Scrutiny Committee, the Highway
Maintenance Three Year Resurfacing Plan 2022 to 2024 be agreed.
(5) T H A T in future years, the criteria for road scoring be reviewed to better
consider issues such as Active Travel and other routes that may be well used by
cyclists.
Reasons for decisions
(1) To agree the Plan and priority locations in principle.
(2) To deal efficiently with changes in the Plan should other highway routes
deteriorate more rapidly than expected or constraints dictate that a change in priority
was required to ensure the most cost-effective use of the budget allocation in
2022/23.
(3) To ensure that the relevant Scrutiny Committee could consider the details of
the Highway Resurfacing Three Year Plan 2022 to 2024 prior to it being formally
agreed.
(4) To enable the final Plan to be approved following its consideration by the
relevant Scrutiny Committee, should no comments that affect the Plan as proposed
be received.
(5) To ensure that the future assessment criteria took into account all relevant
highway use factors.
Cabinet 2022
C39 THE VALE OF GLAMORGAN REPLACEMENT LOCAL
DEVELOPMENT PLAN 2021 - 2036: DRAFT INTEGRATED SUSTAINABILITY
APPRAISAL SCOPING REPORT (CEERS) (SCRUTINY – ENVIRONMENT AND
REGENERATION) –
On 19th October, 2020, Cabinet endorsed a recommendation to commence a full
review of the adopted Local Development Plan (LDP) before 28th June, 2021. The
first stage in the Replacement Local Development Plan (RLDP) process was the
production of the Delivery Agreement (DA) which contained the timetable for
preparing the RLDP together with the Community Involvement Scheme (CIS) which
set out how and when stakeholders and the community could engage with the plan
making process. The DA was formally approved by the Welsh Government on 4th
May, 2022.
The Planning and Compulsory Purchase Act required sustainable development to be
at the heart of the development plan process and there was a statutory requirement
for the RLDP to be subject to specific appraisals and assessments to meet the
requirement. This legal requirement was met through the production of an
Integrated Sustainability Appraisal (ISA) Report which sought to identify the likely
significant economic, social, environmental, and cultural effects of the emerging plan,
and suggested measures to minimise any negative effects and maximise positive
effects.
The preparation of the Scoping Report was the first stage of the ISA process. The
Scoping Report was largely an evidence-gathering stage and set out the current
economic, social, environmental and cultural well-being context including baseline
data and identified sustainability issues which were relevant to the local area. A draft
ISA Scoping Report had been prepared for the emerging RLDP. The report outlined
the main elements of the draft Scoping Report and sought Cabinet approval to
undertake a public consultation in accordance with the regulations.
The Deputy Leader said that the sustainable approach linked to her Portfolio and
stressed the importance of the Wellbeing of Future Generations Act for the Council’s
work going forward. She also looked forward to seeing the results of the
consultation.
The Cabinet Member advised that, subject to Cabinet endorsing the draft ISA
Scoping Report, it would be subject to a 5-week public consultation between August
and September 2022 during which all interested parties, (including both key
stakeholders and members of the public) would have the opportunity to comment on
it.
The Leader asked if briefings were to be arranged for Members in the near future.
The Cabinet Member said there would be a briefing looking at the Council’s strategy
as part of a pre-consultation process, but which was separate to the main
consultation.
This was a matter for Executive decision.
Cabinet 2022
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED –
(1) T H A T the draft Integrated Sustainability Appraisal Scoping Report be
endorsed for public consultation purposes.
(2) T H A T a 5-week public consultation be undertaken on the Draft Integrated
Sustainability Appraisal Scoping Report.
(3) T H A T a follow up report on the outcome of the public consultation and any
proposed changes be prepared and considered by Cabinet.
(4) T H A T delegated authority be granted to the Director of Place, in
consultation with the Cabinet Member for Community Engagement, Equalities and
Regulatory Services, to make typographical or other minor changes to the draft
Scoping Report as necessary prior to publication.
Reasons for decisions
(1) To comply with section 39 (2) of the Planning and Compulsory Purchase Act
2004 and Strategic Environmental Assessment Regulations 5 (2) and 5 (4).
(2-3) To comply with Strategic Environmental Assessment Directive, Article 5 (4)
and 6 (3).
(4) To enable typographical or other minor amendments as necessary without the
need to seek Cabinet approval.
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 – 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.