Roads, potholes, parking, buses, cycling, walking and speed limits.
What councils do
Councils look after local roads and pavements, street lights, parking and road safety, and support bus services that wouldn't run otherwise. Motorways and trunk roads are the Welsh Government's.
Who decides
The Cabinet member for transport leads. Traffic orders, such as new speed limits or parking restrictions, are advertised before they're made.
Having a say
Report potholes and broken street lights to the council or through FixMyStreet. You can object to a proposed traffic order during its notice period.
In numbers
Welsh councils plan to spend £107 per person on this in 2026-27.
It ranges from £62 in Vale of Glamorgan to £166 in Anglesey.
People killed or seriously injured on the roads: 38 per 100,000 people across Wales (2025).
RESOLVED – T H A T in pursuance of the powers delegated to the Committee,
the following applications be determined as indicated and any other necessary
action be taken.
2019/00871/OUT Received on 22 April 2021
(p31)
APPLICANT: Legal & General (Strategic Land) Ltd
AGENT: Mr. Darren Parker, Park House, Greyfriars Road, Cardiff CF10 3AF
Land at Model Farm, Port Road, Rhoose
Hybrid application comprising an outline application for the demolition of existing
buildings and erection of 44.75ha Class B1/B2/B8 Business Park, car parking,
landscaping, drainage infrastructure, ecological mitigation and ancillary works (all
matters reserved aside from access) within Area A and a full application for
change of use from agricultural land to country park (Use Class D2) within Area B.
No.
RESOLVED – T H A T this matter be deferred.
Reason for decision
Having regard to the content of the report and discussions at the meeting.
2019/01031/RG3 Received on 5 July 2022
(p124)
APPLICANT: Housing and Building Services, Vale of Glamorgan, The Alps, Alps
Quarry Road, Wenvoe, CF5 6AA
AGENT: Georgia Peters, Dock Offices, Subway Road, Barry, CF63 4RT
Land to the North of Maes y Ffynnon, Bonvilston
Construction of 8 affordable residential units and associated works.
RESOLVED – T H A T deemed planning consent be granted, subject to the
amendment of the following conditions:
Amend Condition 5 to read:
No construction work associated with the development hereby approved shall take
place on the site on any Sunday or Bank Holiday or on any other day except
between the following hours:
Monday to Friday: 0800 – 1800
Saturday: 0800 – 1300
Unless such work is:
(a) Associated with an emergency (relating to health and safety or
environmental issues);
(b) Carried out with the prior written approval of the Local Planning Authority.
Reason:
To safeguard the amenities of local residents, and to ensure compliance with the
terms of policies SP1 (Delivering the Strategy) and MD7 (Environmental
Protection) of the Local Development Plan.
Amend Condition 13 to read:
Notwithstanding the approved plans, no development shall commence until full
engineering details of the roadworks, parking areas and turning areas shown on
drawings A101 - Site layout rev.D and A109 - Block Plan rev. D (which shall
include plain dropped curbs in place of the tactile crossing points) which shall
accommodate the amendments set out in Condition 21, have been submitted to,
No.
and approved in writing by, the planning authority. No dwelling shall be occupied
until the roadworks, parking areas and turning areas have been completed in
accordance with the approved details. The parking spaces shall thereafter be kept
available for the parking of vehicles for as long as the approved development
exists.
Reason:
To ensure that the development proposal will have an acceptable effect on local
highway safety and the amenity of the area, in accordance with policies MD2
(Design of New Development) and MD5 (Development within Settlement
Boundaries) of the Local Development Plan.
Add New Conditions 19, 20 and 21
Condition 19
Notwithstanding the submitted plans and supporting documents, the permission
hereby approved shall not relate to the removal of the trees identified as T33, T34
and T35 as shown on plan ref. A109 - Block Plan rev. D.
Reason :
In the interest of ecology and the amenity value to the area and to ensure
compliance with policies SP1 (Delivering the Strategy), SP10 (Built and Natural
Environment), MD1 (Location of New Development) and MD2 (Design of New
Developments) of the Local Development Plan.
Condition 20
Notwithstanding the submitted plans and supporting documents, the permission
hereby approved shall not relate to the extinguishment of the existing turning head
and landscaping of the turning head as shown on plan ref. A101 - Site layout rev.
D and A109 - Block Plan rev. D and the turning head shall be retained as adopted
highway.
Reason:
To ensure that the development proposal will have an acceptable effect on the
highway safety and parking in accordance with policies MD2 (Design of New
Development) and MD5 (Development within Settlement Boundaries) of the Local
Development Plan.
Condition 21
Notwithstanding the submitted plans and supporting documents, prior to any
works to widen the existing highway, full details of a revised layout and a method
statement to show how the works will minimise impact on trees T33, T34 and T35
as shown on plan ref. A109 - Block Plan rev. D shall be submitted to an approved
in writing by the Local Planning Authority. The works shall thereafter be completed
No.
in accordance with the approved plans and documents in conjunction with
Condition 13.
Reason:
In the interest of ecology and the amenity value to the area and to ensure
compliance with policies SP1 (Delivering the Strategy), SP10 (Built and Natural
Environment), MD1 (Location of New Development) and MD2 (Design of New
Developments) of the Local Development Plan.
Reason for decision
Having regard to the content of the report and discussions at the meeting.
2021/00012/FUL Received on 16 March 2021
(p164)
APPLICANT: Mr. Paul Davey, 20 Summerland Close, Llandough, Penarth,
CF64 2QA
AGENT: Mr. Paul Davey, 20 Summerland Close, Llandough, Penarth, CF64 2QA
20 Summerland Close, Llandough, Penarth
Replacement of existing fence.
REFUSED and AUTHORISE ENFORCEMENT ACTION
RESOLVED –
(1) T H A T planning permission for the works as described in the application
be refused.
(2) T H A T the Head of Legal and Democratic Services be authorised to serve
an Enforcement Notice under Section 172 of the Town and Country Planning Act
1990 (as amended) to require:
(i) The removal of the fence and resulting materials from the land or
reduction of the fence to a height of not more than 1 metre above
ground level where it is located adjacent to the highway.
(3) T H A T in the event of non-compliance with the Notice, authorisation be
granted to take such legal proceedings as may be required.
Reason for refusal
The fence, by virtue of its height, length and positioning immediately adjacent to
the highway, is a prominent and visually incongruous feature in the street scene
that crudely encloses the space to the side of no. 20 Summerland Close and in
doing so erodes the value of that corner space contributed to the openness and
No.
amenity of the street scene. This is considered to have an unacceptable impact on
the visual amenity of the area and is contrary to Policies MD2 (Design of New
Development) and MD5 (Development within Settlement Boundaries) of the Vale
of Glamorgan adopted Local Development Plan 2011-2026, the Vale of
Glamorgan Residential and Householder Development Supplementary Planning
Guidance (2018) and national policy contained with Planning Policy Wales
(Edition 11) and Technical Advice Note 12 (Design).
Reasons for issuing Enforcement Notice
(1) It appears to the Council that the above breach of planning control
constituting operational development has occurred within the last four years.
(2) The fence, by virtue of its height, length and positioning immediately
adjacent to the highway, is a prominent and visually incongruous feature in the
street scene that crudely encloses the space to the side of no. 20 Summerland
Close and in doing so erodes the P.175 value of that corner space contributed to
the openness and amenity of the street scene. This is considered to have an
unacceptable impact on the visual amenity of the area and is contrary to Policies
MD2 (Design of New Development) and MD5 (Development within Settlement
Boundaries) of the Vale of Glamorgan adopted Local Development Plan 2011-
2026, the Vale of Glamorgan Residential and Householder Development
Supplementary Planning Guidance (2018) and national policy contained with
Planning Policy Wales (Edition 11) and Technical Advice Note 12 (Design).
(3) It is considered that the decision complies with the Council’s well-being
objectives and the sustainable development principle in accordance with the
requirements of the Well Being of Future Generations (Wales) Act 2015.
RESOLVED – That the Chairperson writes to the Cabinet Member on behalf of the Committee to convey any comments, observations and recommendations made during the way forward.
RESOLVED –
(1) T H A T the proposal from Barry Town Council in respect of the land in the
Trust’s ownership at St Oswald’s Road, Cadoxton and the update provided at the
meeting in respect of legal and planning considerations be noted.
Minutes - KB
(2) T H A T a Qualified Surveyor’s report be obtained to inform the Trust’s
further consideration and decision-making in this regard, providing that Barry
Town Council undertake to pay the Trust’s costs in this regard.
Reasons for decisions
(1) To ensure that the Trustees give due consideration to the proposal from
Barry Town Council in the context of the legal and planning considerations and
determine a suitable resolution and response.
(2) In order to ensure Charity Law requirements are followed during the
decision-making process.
N.B. Councillor E. Williams vacated the meeting prior to the Part II matter being
considered.
Minutes - KB
RESOLVED: Pursuant to this Committee’s delegated powers the following development control applications be determined in accordance with the recommendation set out in the reports of the Director of Planning, Transport and Environment, subject to any further amendments as detailed below and notification be given of the decisions in accordance with Section 70 of the Town and Country Planning Act 1990 or Section 74 of the Planning (Listed Building & Conservation) Act 1990.
APPLICATIONS GRANTED
22/00927/DCH – RIVERSIDE
97 ROMILLY CRESCENT AND 106 LLANDAFF ROAD
Proposed reformation of 97 Romilly Crescent and 106 Llandaff Road to form a single dwelling, single storey side extension, alterations to external amenity areas including landscape planting and associated works
APPLICATIONS DEFERRED
22/01411/DCH – RADYR
43 PENTWYN
Ground Floor and first floor extension with new crossover and carport.
REASON: In order for a site visit to take place.
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 – That the following matters be dealt with as indicated:
(1)
Case 1
The Sub Committee was asked to consider whether a driver was a fit and proper person to hold a licence. It was revealed on renewal of his licence that he had failed previously to disclose a conviction which occurred while he was licensed.
On renewal of his licence the driver declared a conviction under the Fraud Act. A Disclosure Barring Service check revealed a conviction dated 11 November 2021 relating to a failure to declare a change of circumstances for Council Tax purposes.
The driver was asked to explain the circumstances. The driver’s representative stated that the driver had a friend who had recently become homeless. He came to stay temporarily with the driver, then the stay was extended to become a longer one intermittently between trips to Somalia.
The driver was not aware at the time that the arrangement was becoming a permanent one. When he became aware that he was in breach of Council Tax rules he pleaded guilty. He is currently repaying the Council Tax owed and relies on his job to pay.
As soon as he became aware that he should have notified the Local Authority of his conviction the driver sent an email detailing his guilty plea. This was confirmed by the Authority.
When questioned by members of the Sub Committee the driver explained that the homeless person he had accommodated was a single person, a taxi driver, and he stayed with the driver for around 10 months intermittently.
RESOLVED – That no further action be taken.
Councillor Driscoll declared an interest in the following item as a person was known to him. Cllr Driscoll withdrew from the meeting and took no part in the decision.
(2)
Case 2
The Sub Committee was asked to consider whether a driver was a fit and proper person to hold a licence after a complaint was received that he entered and travelled in the wrong direction down a one-way street and gestured at a Cardiff Council Road Safety Officer using his middle finger. The incident was observed by a member of the public, the head teacher of a primary school who was welcoming children being delivered to the school by parents.
The Sub Committee received representations from the complainant. The complainant described how he was cycling to his work as a Road Safety Officer when he saw the driver in his taxi approaching the wrong way down a one-way street. He dismounted and captured a video image of the taxi turning round and returning back up the lane. As he passed him the driver made a rude gesture with his middle finger and told him to ‘Get a life’. The member of the public had come over to where the Officer was and witnessed these events.
The driver was asked to present his account of the incident. He claimed that at the time of the incident in March there were no ‘No Entry’ signs at the beginning of the lane. As he drove down the lane he realised something was not right, so he drove slowly past the Road Safety Officer. A member of the public informed him he was travelling the wrong way down a one-way street. He carried out a 3-point turn in the road and returned in the opposite direction. As the weather was hot he wound down his window. The Road Safety Officer was running along beside his car. He could see the Officer had something in his hands but could not see it was a mobile phone. He thought he was under attack.
The driver stated that he was not dropping off a passenger but was passing through the area. He knew the area and had used the route before over the previous 12 years. He had recently come off a contract with Bad Wolf studios and had carried celebrities and High Court judges.
The driver denied having been sent emails and stated that they had been sent to the wrong address.
RESOLVED – That the driver be issued with a written warning regarding his conduct and reminded of his duties as a driver.
(3)
Case 3
The Sub Committee was asked to consider whether a driver was a fit and proper person to hold a licence. On renewal of his licence the driver declared a motoring conviction for driving without due care and attention. The offence occurred in 2020, however the driver did not notify the Authority at the time instead waiting for renewal.
The driver was asked to explain the circumstances. The driver’s representative stated that on the day of the offence the driver was approaching Coryton interchange at 1.30am in heavy rain. There were roadworks and the driver accidentally drove the wrong way into a diversion. Realising his mistake, he attempted to turn around and return the way he had come but was stopped by Police. The offence was uncontested, he paid a fine and had 5 points placed on his licence.
The driver admitted that he had not declared the conviction at the time it occurred but had declared it on renewal of his licence. He stated that he was now aware of what was required of him in terms of notification of convictions but had not been aware at the time. He had held a licence for 30 years and not previously been convicted of any motoring offences. He had been a licenced driver for 6 years and had not appeared before the Committee previously.
RESOLVED – To issue the driver with a written warning regarding his conduct.
(4)
Case 4
The Sub Committee was asked to consider whether a driver was a fit and proper person to hold a licence. On renewal of his licence it became apparent that a conviction was present for driving or allowing someone to use a vehicle uninsured for third party risk.
The driver was asked to explain the circumstances. The driver stated that he had not been driving a taxi or private hire vehicle at the time of the offence. He was working as a driver for a food delivery service and had previously been named on the company’s insurance as a driver of the vehicle. The ownership of the company had changed and the new owner had stopped the insurance for the van. The driver was unaware of this and only discovered it when he was stopped.
It was revealed in the course of questioning that there was an error in the papers before the Sub Committee and that the correct date of the offence was 9 May 2022.
RESOLVED – To issue the driver with a written warning.
(5)
Application 5
The Sub Committee was asked to consider an application in principle for the grant of private hire operator’s licence. The driver had previously held a licence which had subsequently been revoked.
The Sub Committee was presented with a report summarising the driver’s previous appearances before it and the circumstances surrounding them. These included a 6-month ban for ‘totting up’, a conviction for fraud against Cardiff City Council for claiming for transport services that were never carried out, and a conviction for plying for hire without a licence or insurance. They also included repeated refusals of applications for a Hackney carriage/private hire driver’s licence. The driver accepted that the facts contained in the report were accurate.
The driver was asked to explain the circumstances. The driver stated that he had made several applications for a licence but they had all been refused. He had waited patiently for the necessary period to elapse before applying again. He had studied and was fully cognisant with all the necessary information especially the law. He accepted in full his responsibility for his previous non-compliance. His offences were his fault and he offered no excuses for them. He assured the Sub Committee they would not be repeated
The driver stated that since losing his licence he had never been in trouble and had not been involved in any legal problems. He had been of good character for the past 7 years.
The driver stated that he had completed the necessary training for understanding and knowledge. The incident had been a lesson for him and had not been repeated. He was a better-informed person and posed no danger to the public. He had learnt a lot over the past 7 years.
The driver was questioned by members of the Sub Committee. He stated that at the time of his offences he was doing his job and did not focus. He had never had any such problems and never had any complaints from customers. He had already been punished for his offences.
The driver stated that at the time of his conviction for fraud he knew many drivers who did the same. He took responsibility for his actions.
The driver explained the circumstances behind his conviction for working without insurance. He had rented a car whose owner did not know the insurance had expired. He himself did not know the car was not insured.
The driver explained the circumstances behind his conviction for fraud. He had been contracted by the Council to transport children to and from school. He had given the job to one of his drivers and was unaware that they were not carrying out the work. When he was apprised of the situation he took responsibility.
The driver was challenged that the alleged job did not exist and that he had defrauded the Council out of a substantial sum. He had also hired a car without a licence. It was put to the driver that this demonstrated a wilful disregard for the law.
The driver responded that he was now aware of the law. It was put to him that he ought to have known the law from the start and that he had been twice caught acting as a taxi driver without a licence.
In response to further questions the driver confirmed that he had been running a taxi firm at the time of the fraud and stated that he had given the school jobs to other drivers employed by the firm. He confirmed that he had been disqualified for 6 months for speeding as a taxi driver. He stated that his licence had now been clean for 7 years.
RESOLVED – That the application for a private hire operator’s licence be refused.
RESOLVED:
The Council is recommended to:
• approve the reappointment of Sian Davies and Linda Phillips as Independent Non-Executive Directors of Cardiff Bus for a further 6-month period until 13 April 2023;
• agree to delegate authority to the Corporate Director (Resources), in consultation with the Cabinet Member for Finance, Modernisation & Performance, to engage specialist advice to support the advertisement of the two Independent Non-Executive Director positions and the shortlisting of appropriately qualified candidates for consideration by a politically balanced Member Appointment Panel; and
• note the delegated authority granted previously by Council to the Director of Governance & Legal Services and Monitoring Officer to seek nominations from political groups for the establishment of a politically balanced Member Appointment Panel to undertake interviews, and to conclude the public appointment process by reporting the outcome of this process to Council for decision in due course.
RESOLVED – T H A T in pursuance of the powers delegated to the Committee,
the following applications be determined as indicated and any other necessary
action be taken.
2021/00423/FUL Received on 6 December 2021
(p25)
APPLICANT: Transworld Real Estate Ltd
AGENT: Mr. Luke Grattarola Ceraint John Planning Ltd. Office 16 (House 1), The
Maltings, East Tyndall Street, Cardiff, CF24 5EA
Land at Bolston House, Bonvilston
Demolition of the existing dwelling and redevelopment of the site to accommodate
residential development and associated works
REFUSED
(1) By reason of the loss of a large proportion of a Significant Stone Wall, the
loss of substantial amounts of tree cover and the suburban and insensitively
designed/orientated internal site layout, the proposed development would fail to
have regard to and would fail to preserve the character of the Bonvilston
Conservation Area, contrary to policies SP10 - Built and Natural Environment,
MD2 - Design of New Development, MD5- Development within Settlement
Boundaries and MD8 – Historic Environment of the Vale of Glamorgan Local
Development Plan 2011 - 2026 and the Bonvilston Conservation Area Appraisal
and Management Plan and national guidance contained in Planning Policy Wales
(Edition 11) and Technical Advice Note 12 - Design.
(2) By reason of the size of the dwellings and plots, the proposed layout fails to
make necessary, efficient use of the land, contrary to policy MD5 - Development
within Settlement Boundaries & MD6 - Housing Densities of the Vale of
Glamorgan
Adopted Local Development Plan 2011-2026.
(3) By reason of the geometry and radii of the access, and the design of works
to the carriageway/footway, the proposal would result in a substandard form of
access into and out of the site, which would adversely impact upon highway
safety. The proposal is therefore considered contrary to Policies MD2 (Design Of
New Development) & MD5 (Development within Settlement Boundaries) of the
Vale of Glamorgan Adopted Local Development Plan 2011-2026.
(4) In the absence of a noise assessment that considers potential noise
nuisance from the Red Lion Inn and its garden, the proposal fails to provide
adequate information to assess the impact of noise or demonstrate that the
proposal would not be prejudicial to the amenity and living conditions of future
Minutes - MS
No.
residents at the site. In this respect the development is contrary to Policies MD2
(Design of Development) & MD7 (Environment Protection) of the Vale of
Glamorgan Local Development Plan 2011-2026.
(5) The proposal fails to satisfy the tests to justify a derogation for protected
species and would result in inadequately mitigated loss of trees that would harm
the biodiversity interests of the site. Therefore, the development is considered
contrary to Policies MD2- Design of New Developments & MD9-Promoting
Biodiversity of the Vale of Glamorgan Adopted Local Development Plan 2011-
2026, the guidance contained within the Councils Biodiversity and Development
Supplementary Planning Guidance.
(6) The proposal fails to provide any affordable housing or the infrastructure
necessary to mitigate the impacts of the development in respect of public open
space, education and sustainable transport. In this respect the development is
contrary to Policies MG4 and MD4 of the LDP and the Council’s SPG on
Affordable Housing and Planning Obligations, and Planning Policy Wales and
TAN 2- Planning and Affordable Housing.
Reasons for decisions
Having regard to the content of the report and discussions at the meeting.
2021/00424/CAC Received on 6 December 2021
(p59)
APPLICANT: Transworld Real Estate Ltd
AGENT: Mr Luke Grattarola, Geraint John Planning Ltd, Office 16 (House 1), The
Maltings, East Tyndall Street, Cardiff, CF24 5EA
Land at Bolston House, Bonvilston
Demolition of the existing dwelling and redevelopment of the site to accommodate
residential development and associated works
REFUSED
(1) The loss of part of the historical stone boundary wall would be damaging to
the intrinsic character of the site and the conservation area. The proposal would
therefore fail to preserve or enhance the character of the Conservation Area and
would be in conflict with Policies SP10 and MD8 of the Adopted Local
Development Plan, in addition to TANs 12 and 24, the aims and objectives of the
Bonvilston Conservation Area Appraisal Plan and Section 72(1) of the Town and
Country Planning (Listed Buildings and Conservation Areas) Act 1990.
Reason for decision
Minutes - MS
No.
That Members of the Planning Committee note the above conclusions and agree
that these form the basis of the Council’s case in the current non-determination
appeal for the reason set out below:
It is considered that the decision complies with the Council’s well-being objectives
and the sustainable development principle in accordance with the requirements of
the Well-being of Future Generations (Wales) Act 2015.
2021/01379/FUL Received on 23 September 2021
(p74)
APPLICANT: Mr. C. Holder, Earthmovers House, Llantrisant Business Park,
Llantrisant, CF72 8LF
AGENT: Mr. R. Hunt, 20a The Wharfage, Ironbridge, Telford, Swadlincote, TF8
7NH
The Quarries, Bonvilston
The winning and working of limestone, importation/recovery of inert waste and
restoration to agriculture/amenity.
REFUSED -
(1) By reason of the excessive unjustified infilling operation, which is not
fundamentally required to create an acceptable restored site, the proposal would
amount to (and would encourage) unjustified waste disposal that is contrary to the
principles of the waste hierarchy, would result in unnecessarily and harmful
perpetuated environmental impacts, and would fail to provide a beneficial,
sustainable, and high quality restoration and after care solution for the quarry, at
the earliest opportunity. The proposal is therefore contrary to the policy and
guidance relating to waste management contained in TAN 21 paragraph 4.23, and
criterion 2 of Policy MD20 of the LDP. In addition, the proposal is contrary to
planning policy and guidance relating to quarry restoration and after care
contained in PPW paragraphs 5.14.4, 5.14.50, and 5.14.54, MTAN1 paragraphs
94, 97, 100, 103, and 130, and criterion 7 of Policy MG25 of the LDP.
(2) It has not been demonstrated, through submission of a bat survey, that the
development would not be detrimental to the maintenance of the population of
bats - a European Protected Species. The development is therefore contrary to
Policies MG19 – Sites and Species of European Importance and Policy MD9-
Promoting Biodiversity, of the Local Development Plan, as well as national
guidance contained at paragraphs 6.3.6 & 6.3.7 of TAN 5 – Nature Conservation
and Planning and paragraph 6.4.22 of Planning Policy Wales. It is also contrary to
the provisions of the Conservation of Habitats and Species Regulations 2010.
Reasons for decisions
The decision to refuse planning permission has been taken in accordance with
Section 38 of The Planning and Compulsory Purchase Act 2004, which requires
Minutes - MS
No.
that, in determining a planning application the determination must be in
accordance with the Development Plan unless material considerations indicate
otherwise. The Development Plan for the area comprises the Vale of Glamorgan
Adopted Local Development Plan 2011-2026 and Future Wales – the National
Plan 2040.
It is considered that the decision complies with the Council’s well-being objectives
and the sustainable development principle in accordance with the requirements of
the Well-being of Future Generations (Wales) Act 2015.
The appropriate marine policy documents have been considered in the
determination of this application in accordance with Section 59 of the Marine and
Coastal Access Act 2009.
In reaching the recommendation below, the content of the submitted
Environmental Impact Assessment has been taken into account, in accordance
with the requirements of The Town and Country Planning (Environmental Impact
Assessment) (Wales) Regulations 2017.
2022/00397/RG3 Received on 28 March 2022
(p119)
APPLICANT: Mr. Andrew Freegard, Vale of Glamorgan Council, The Alps, Alps
Quarry Road, Wenvoe, CF5 6AA
AGENT: Miss Georgia Peters, Vale of Glamorgan Council, Dock Offices, Subway
Road, Barry, CF63 4RT
Land North of Holm View Leisure Centre, Barry
Phase Two of the residential development of 31 no. affordable housing units and
associated works
RESOLVED –
(1) T H A T subject to the interested person(s) first entering into a Section 106
legal agreement to include the following necessary planning obligations:
• To pay a sum of £37,652.50 to contribute towards the provision or
enhancement of educational facilities.
• To pay a sum of £39,100 to contribute towards the provision of sustainable
transport facilities in the vicinity of the site.
• The developer provides public art on the site to the value of 1% of the build
costs or otherwise pays a contribution to the same value to the Council
• To pay a sum a sum £21,420 to contribute towards the provision of new, or
enhancement of existing, community facilities in the area.
(2) T H A T in addition to a clause requiring the payment of a fee to monitor
and implement the legal agreement.
Minutes - MS
No.
Deemed planning consent be GRANTED subject to the condition(s) as contained
within the report.
Reason for decision
The decision to recommend planning permission has been taken in accordance
with
Section 38 of The Planning and Compulsory Purchase Act 2004, which requires
that, in determining a planning application the determination must be in
accordance with the Development Plan unless material considerations indicate
otherwise. The Development Plan for the area comprises the Vale of Glamorgan
Adopted Local Development Plan 2011-2026 and Future Wales – the National
Plan 2040.
Having regard to Policies SP1– Delivering the Strategy, SP3 – Residential
Requirement, SP4 – Affordable Housing Provision, MG1 – Housing Supply in the
Vale of Glamorgan, MG2 – Housing Allocations, MG4 – Affordable Housing, MD1
- Location of New Development, MD2 - Design of New Development, MD3 -
Provision for Open Space, MD4 – Community Infrastructure and Planning
Obligations, MD6 - Housing Densities, MD7 - Environmental Protection and MD9 -
Promoting Biodiversity of the Vale of Glamorgan Adopted Local Development Plan
2011-2026, Future Wales, National planning policy in the form of Planning Policy
Wales (Edition 11), Technical Advice Notes 2 – Affordable Housing, 12 - Design,
and the Council’s Supplementary Planning Guidance on Affordable Housing,
Barry Development Guidelines, Biodiversity and Development, Parking Standards,
Planning Obligations, Residential and Householder Development, and Trees,
Woodlands, Hedgerows and Development, the proposed development is
considered acceptable in principle and in respect of design, visual impact and
layout, residential amenity, parking, highway safety, amenity/open space,
drainage, and ecology.
It is considered that the decision complies with the Council’s well-being objectives
and the sustainable development principle in accordance with the requirements of
the Well-being of Future Generations (Wales) Act 2015.
The appropriate marine policy documents have been considered in the
determination of this application in accordance with Section 59 of the Marine and
Coastal Access Act 2009.
2022/00642/FUL Received on 19 May 2022
(p157)
APPLICANT: Mrs. Penny Knight, 8 Mountjoy Close, Penarth, CF64 2TA
AGENT: Susan Rosser, RIBA, 20 Duffryn Road, Cyncoed, Cardiff, CF23 6NP
8, Mountjoy Close, Penarth
Single storey side and rear extension with new porch and roof conversion
Minutes - MS
No.
REFUSED
Reasons for Recommendations
By reason of the design, form and siting, the proposed extensions and alterations
would be harmful to the appearance of the dwelling, the balance of the semi-
detached pair and the spacious and consistent character of the street. The
development is therefore contrary to policies MD2 and MD5 of the Vale of
Glamorgan Adopted Local Development Plan 2011-2026, The Council’s
Supplementary Planning Guidance on Residential and Householder Development
and TAN 12- Design.
Minutes - MS
RESOLVED: That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application.
The Sub Committee heard from the applicant and listened to all the evidence and submissions and considered the written material. Members also considered the Licensing Act 2003, the Section 182 Guidance, the Statement of Licensing Policy and all written representations.
The Sub Committee also heard the representations from a local Ward Member and have considered all written representations made to us.
Member gave regard to the objections from Ward Members, and acknowledge that there are concerns regarding anti-social behaviour in the area, but did not feel that any evidence of disorder is linked to the proposed variation of this Premises Licence. This premises is not located within a cumulative impact area and as such there is a presumption to grant an application where there is no evidence that the application will undermine the licensing objectives. Furthermore, we note that no objection was received from South Wales Police who are recognised as the Responsible Authority primarily concerned with crime and disorder.
The Sub Committee therefore resolve to grant the application.
RESOLVED: That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application.
The Sub Committee heard from the applicant and listened to all the evidence and submissions and considered the written material. Members also considered the Licensing Act 2003, the Section 182 Guidance, our own Statement of Licensing Policy and all written representations.
The Sub Committee noted that, prior to the meeting, the applicants agreed to the proposed conditions from Environmental Health Pollution Control in Appendix C of the report to promote the Public Nuisance licensing objective.
Members gave regard to the written representations from residents and the potential impact that the proposed variation may have on the licensing objectives but felt that no evidence was presented that the granting of this application would undermine the licensing objectives. Where there is no evidence that a Premises Licence will undermine the licensing objectives, there is a presumption to the grant the application. If there is evidence that a licensed premises is undermining the licensing objectives, the Licensing Act 2003 allows any person to apply for a Review of the Premises Licence.
The Sub Committee therefore resolve to grant the application, subject to the agreed conditions with Environmental Health Pollution Control.
RESOLVED: that
1. Approval be given to the revised design for the coastal protection scheme and the full business case to be submitted to Welsh Government for the Coastal Risk Management Programme.
2. the commitment of the funding contribution identified within the financial implications in Appendix 1 be approved.
3. Authority be delegated to the Director of Planning, Transport and Environment subject to consultation with the Cabinet Member for Climate Change, s.151 Officer and Director Governance and Legal Services, to deal with all aspects of contract award following the approval of the Full Business Case by Welsh Government.
RESOLVED: Pursuant to this Committee’s delegated powers the following development control applications be determined in accordance with the recommendation set out in the reports of the Director of Planning, Transport and Environment, subject to any further amendments as detailed below and notification be given of the decisions in accordance with Section 70 of the Town and Country Planning Act 1990 or Section 74 of the Planning (Listed Building & Conservation) Act 1990.
APPLIATIONS GRANTED
Councillor Adrian Robson, in accordance with his prejudicial interest, left the meeting during consideration of this item.
21/02608/MNR – LLANDAFF NORTH
LAND AT EITHER SIDE OF RIVER TAFF COMPRISING LAND SOUTH OF EXISTING ACCESS ROAD WITHIN HAILEY PARK AND LAND AT EASTERN TURNING HEAD OF DE BRAOSE CLOSE, DANESCOURT.
The Construction of Sewerage Pumping Station and Associated Compound Within Hailey Park Connecting to the Existing Gated Hard Standing Access Road Including Internal Kiosk Units With Security Fencing and Landscape Planting to the Eastern, Western and Southern Boundaries to Prevent Landscape Impacts on Hailey Park. The De Braose Close Development Would Include a 1.2m Tall Actuation Valve Kiosk Upon Overgrown Scrubland Adjacent to the Eastern Pedestrian Footway.
Councillor Adrian Robson, in accordance with his prejudicial interest, left the meeting during consideration of this item.
22/00347/MJR – RADYR
PLASDWR, NORTH WEST CARDIFF
Re-discharge of Condition 24 (strategic foul drainage masterplan) of outline planning permission 14/02733/MJR (condition 24 previously discharged under application 19/02887/MJR).
APPLICATIONS REFUSED
18/00736/MNR – WHITCHURCH & TONGWYNLAIS
71 CHURCH ROAD
Proposed demolition of existing garage / outbuilding construction of new 2 storey detached dwelling, detached replacement garage with studio above and glazed link to existing dwelling
REASON:
This application was considered on 6th July 20122 Planning Committee where it was resolved to defer the application to the next meeting of Planning Committee for reasons for refusal. The application was refused for the following reasons:
1. The proposed layout makes insufficient provision for replacement planting in mitigation for the removal of existing vegetation / boundary planting to the detriment of the character of the Church Road Conservation Area contrary to Policies 5 KP5: Good Quality and Sustainable Design and EN9: Conservation of the Historic Environment of the Adopted Cardiff Local Development Plan.
2. The proposed dwelling would be likely to have a dominating and overbearing impact on the living conditions of the occupiers of No. 1 Wingfield Road by virtue of its scale and close proximity to the boundary with this property. As such, the proposal would be contrary to advice contained in Policy KP5: Good Quality and Sustainable Design of the Cardiff Local Development Plan and paragraph 4.11 of the Cardiff Infill Sites Supplementary Guidance (November 2017).
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the
following applications be determined as indicated and any other necessary action be
taken.
2021/01405/FUL Received on 22 September 2021
(P.75)
APPLICANT: Mr Michael Murphy c/o Agent
AGENT: Mr Jeremy Peter 21, Britten Road, Penarth, CF64 3QJ
Sefton Quarry (former Scrapyard), Penmark
Change of use of land for the siting of storage containers
REFUSED AND AUTHORISE ENFORCEMENT ACTION
RESOLVED –
(1) T H A T the application for planning permission for the change of use of the
land be refused for the following reasons:
(i) The site is in a divorced, inefficient, and unsustainable rural location
without benefit of good access to local transport infrastructure, existing
services, and without justification for or necessity to be in the
countryside. The development is therefore considered to be
inappropriately located, having regard to the sustainability and location
requirements for waste management (and employment) facilities, and is
therefore contrary to LDP Policies SP8, criterion 1 and 2 of MD20 and
criterion 2 and 5 of MD1, as well as national guidance contained within
5.13.11 and 5.13.12 of PPW and paragraphs 1.10 and 3.27 of TAN21.
(ii) By reason of its urban appearance in contrast with the rural, verdant
and open character of the previously regenerated application site and
the surrounding land, the change of use has resulted in a demonstrably
harmful and unacceptable impact on the character of the countryside,
which is in conflict with the aims and criteria of Policies MD1 (criterion
1) and MD2 (criteria 1, 2, and 10) of the LDP, paragraphs 5.5 and 5.8.1
of TAN12 and having regard to the advice in paragraph 3.9, 3.14, 3.16,
3.38 of PPW (Edition 11).
(iii) The site has been locally designated a Site of Importance for Nature
Conservation for its potential as invertebrate and reptile habitat. In the
absence of ecological surveys or measures of biodiversity mitigation
and enhancement, and the lack of justification for the rural location, the
need for the development does not outweigh the likely nature
conservation value of the site. The development is therefore contrary
to Policies MG21 and MD9 of the LDP.
(2) T H A T the Head of Legal and Democratic Services be authorised to issue an
Enforcement Notice under Section 172 of the Town and Country Planning Act 1990
(as amended) in respect of the land shown edged blue on the site location plan, to
require:
(i) The cessation of the unauthorised use of the land for storage,
(ii) The removal from the land of the shipping containers, portacabin,
portaloo, and any other structures, machinery or chattels associated
with the storage use.
(iii) The removal from the land of all items being stored on the land
including, but not limited to, any motor vehicles, caravans, trailers,
boats, the telephone kiosk, all building materials, other items such as
furniture, electrical goods, plastics, glass, metals, and all items of waste
on the site, including piles of rubble, and all rubble deposited on the
ground to form the new hardstanding,
(iv) The reinstatement of the land to its former condition prior to the
unauthorised change of use taking place.
(3) T H A T in the event of non-compliance with the Notice, authorisation be
granted to take such legal proceedings as may be required.
Reason for dual decision
(1) It appears to the Council that the above breach of planning control constituting
the change of use of the land has occurred within the last 10 years.
(2) The site is in a divorced, inefficient, and unsustainable rural location without
benefit of good access to local transport infrastructure, existing services, and without
justification for or necessity to be in the countryside. The development is therefore
considered to be inappropriately located, having regard to the sustainability and
location requirements for waste management (and employment) facilities, and is
therefore contrary to LDP Policies SP8, criterion 1 & 2 of MD20 and criterion 2 & 5 of
MD1, as well as national guidance contained within 5.13.11 & 5.13.12 of PPW and
paragraphs 1.10 and 3.27 of TAN21.
(3) By reason of its urban appearance in contrast with the rural, verdant and open
character of the previously regenerated application site and the surrounding land, the
change of use has resulted in a demonstrably harmful and unacceptable impact on
the character of the countryside, which is in conflict with the aims and criteria of
Policies MD1 (criterion 1) and MD2 (criteria 1, 2, and 10) of the LDP, paragraphs 5.5
and 5.8.1 of TAN12 and having regard to the advice in paragraph 3.9, 3.14, 3.16,
3.38 of PPW (Edition 11).
(4) The site has been locally designated a Site of Importance for Nature
Conservation for its potential as invertebrate and reptile habitat. In the absence of
ecological surveys or measures of biodiversity mitigation and enhancement, and the
lack of justification for the rural location, the need for the development does not
outweigh the likely nature conservation value of the site. The development is
therefore contrary to Policies MG21 and MD9 of the LDP.
(5) It is considered that the decision complies with the Council’s well-being
objectives and the sustainable development principle in accordance with the
requirements of the Well Being of Future Generations (Wales) Act 2015.
2022/00440/FUL Received on 25 August 2022
(P.98)
APPLICANT: Mr Bill O’Donoghue, Orchard Bungalow, Treguff, St. Mary Church.
CF71 7FS
AGENT: Mr Bill O’Donoghue, Orchard Bungalow, Treguff, St. Mary Church. CF71
7FS
Orchard Bungalow, St. Mary Church
Orchard Bungalow extended garden. Land acquired is currently agricultural. Use
required for residential to match that of existing property. Note we do not intend to
use the Land for commercial logging / metal fabrication / commercial usage or
anything associated/deemed industrial
REFUSED AND AUTHORISE ENFORCEMENT ACTION
RESOLVED –
(1) T H A T the application for planning permission for the change of use of the
land be refused for the following reason:
(i) By reason of its size, the rural/agricultural context, and the appearance
and open character of the application site and surrounding land, the
change of use of the land results in a demonstrably intrusive incursion
into the countryside which is harmful to its appearance and character. It
also results in an incremental and harmful urbanising effect on the
countryside, which is in conflict with the aims and criteria of Policies
MD1 (criterion 1) and MD2 (criteria 1 and 2) of the LDP, and Policy
DG13 of the Design in Landscape SPG, paragraphs 5.5 and 5.8.1 of
TAN12 and having regard to the advice in paragraph 3.9, 3.14, 3.16,
3.38 of PPW (Edition 11).
(2) T H A T the Head of Legal and Democratic Services be authorised to issue an
Enforcement Notice under Section 172 of the Town and Country Planning Act 1990
(as amended) in respect of the land west and south of Orchard Bungalow, to require:
(i) The cessation of the residential use of the land,
(ii) The removal from the land of the metal shed, polytunnel, and domestic
paraphernalia including, but not limited to, goal posts and play
equipment.
(3) T H A T in the event of non-compliance with the Notice, authorisation be
granted to take such legal proceedings as may be required.
Reason for dual decision
(1) It appears to the Council that the above breach of planning control constituting
the change of use of the land from agriculture to residential use has commenced
within the last 10 years.
(2) The unauthorised change of use of the land by reason of its size, the
rural/agricultural context, and the appearance and open character of the application
site and surrounding land, has resulted in a demonstrably intrusive incursion into the
countryside which is harmful to its appearance and character. It has also resulted in
an incremental and harmful urbanising effect on the countryside, which is in conflict
with the aims and criteria of Policies MD1 (criterion 1) and MD2 (criteria 1 and 2) of
the LDP, and Policy DG13 of the Design in Landscape SPG, paragraphs 5.5 and
5.8.1 of TAN12 and having regard to the advice in paragraph 3.9, 3.14, 3.16, 3.38 of
PPW (Edition 11).
(3) It is considered that the decision complies with the Council’s well-being
objectives and the sustainable development principle in accordance with the
requirements of the Well Being of Future Generations (Wales) Act 2015.
RESOLVED – T H A T the applications as outlined within the report on pages 37 to
40, as determined by the Head of Regeneration and Planning under delegated
powers, be noted.
(ii) To Confirm Tree Preservation Order No. 5, 2022 for Trees at 200 Westbourne
Road, Penarth –
RESOLVED – T H A T Tree Preservation Order No. 5 of 2022 on the Oak tree in the
rear garden of No. 200 Westbourne Road, Penarth be confirmed without
modification.
Reasons for decision
The decision to recommend the confirmation of the Tree Preservation Order was
taken in accordance with Section 198 of the Town and Country Planning Act 1990
(as amended), which empowered the local planning authority to make provision for
the preservation of tress or woodlands.
It was considered that the decision complied with the Council’s well-being objectives
and the sustainable development principle in accordance with the requirements of
the Well-being of Future Generations (Wales) Act 2015.
RESOLVED –
(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) The cessation of the use of the site for the depositing, storage and any
processing of construction and miscellaneous materials.
(ii) The cessation of the use of the site for all domestic and leisure
purposes.
(iii) The removal of all containers / buildings, equipment, materials and
other miscellaneous items from the land that are used in association
with the unauthorised uses identified above in steps (i) and (ii).
(iv) The removal of the wooden fence panels affixed to the palisade
fencing.
(2) In the event of non-compliance with the Notice, authorisation be granted to
take such legal proceedings as may be required.
Reason for recommendation
(1) It appears to the Council that the above breach of planning control constituting
the material change of use of the land has occurred within the last 10 years
(2) The use of the agricultural/forestry land for domestic leisure purposes and as
a storage and transfer facility for construction and/or miscellaneous other materials
and equipment is an unacceptable and unjustifiable development that fails to
respond appropriately to the countryside and special landscape area setting and the
activities are considered to be incongruous in the rural setting. By virtue of the
encroachment on the countryside and the unacceptable visual impact the use has on
the countryside, the development is contrary to the aims of Policies SP1 – Delivering
the Strategy, MG17 – Special Landscape Areas, MD1 – Location of New
Development, MD2 – Design of New Development, and MD7 – Environmental
Protection of the Vale of Glamorgan Adopted Local Development Plan 2011 – 2026
as well as the Council’s Supplementary Planning Guidance on Design in the
Landscape and Chapter 3 - Strategic and Spatial Choices, of Planning Policy Wales
Edition 11 (2021).
(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.
(ii) The Old Chapel, The Rhiw, Graig Penllyn, Cowbridge, CF71 7RS –
This report sought authorisation to issue an Enforcement Notice under section 172 of
the Town and Country Planning Act 1990 (as amended) in respect of the trellis
fencing that had been erected along the southern boundary of the property.
The report recommended that an Enforcement Notice is issued requiring the removal
of the trellis fencing and supportive posts and the repairing and making good of any
damage caused to the wall with a material to match the colour and texture of the
wall. Authorisation was also sought to pursue legal proceedings in the event that the
Enforcement Notice was not complied with.
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:
(i) Remove any part of the trellis fencing including its supportive posts that
is above one metre in height above ground level;
(ii) Repair and make good any damage to the boundary wall as a result of
step (i) above with a suitable material to match the colour and texture
of the existing wall.
(2) 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.
Reasons for decisions
(1) It appears to the Council that the above breach of planning control constituting
the erection of a trellis fence has occurred within the last 4 years.
(2) The trellis fencing due to its height, design and prominent positioning
represents a visually harmful and insensitive form of development that is detrimental
to the character of the area, contrary to Policies SP10, MG17, MD2 and MD5.
(3) The location and height of the fencing obscures views of drivers using the
immediate highway network as well as those egressing from the garage. This
coupled with the highway network not benefitting from a pedestrianised walkway
results in an increased chance of conflict between road users and / or pedestrians,
which is detrimental to highway safety contrary to Policy MD2.
(4) 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 – 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: Pursuant to this Committee’s delegated powers the following development control applications be determined in accordance with the recommendation set out in the reports of the Director of Planning, Transport and Environment, subject to any further amendments as detailed below and notification be given of the decisions in accordance with Section 70 of the Town and Country Planning Act 1990 or Section 74 of the Planning (Listed Building & Conservation) Act 1990.
APPLICATIONS GRANTED:
22/00725/MJR – WHITCHURCH & TONGWYNLAIS
LAND TO THE NORTH-WEST OF WHITCHURCH HOSPITAL PLAYING FIELDS
Discharge of Condition 8 (Construction Environmental Management Plan) & 10 (Mitigation and Monitoring) of 20/01110/MJR
Subject to the following note:
“Members expressed their view that hours of working should be limited to the specified hours, albeit noting that any works undertaken beyond agreed operating hours would require the consent of the Local Planning Authority and Shared Regulatory Services”
22/00802/MJR – WHITCHURCH & TONGWYNLAIS
LAND TO THE NORTH-WEST OF WHITCHURCH HOSPITAL PLAYING FIELDS.
Discharge of Condition 17 (Construction Environmental Management Plan) of 17/01735/MJR
Subject to the following note:
“Members expressed their view that hours of working should be limited to the specified hours, albeit noting that any works undertaken beyond agreed operating hours would require the consent of the Local Planning Authority and Shared Regulatory Services”
22/00711/MNR – SPLOTT
100 SPLOTT ROAD
Ground floor extension, rear dormer and alterations to create a 7 Bedroom sui generis house in multiple occupation.
APPLICATIONS REFUSED
22/00885/MNR – CATHAYS
76 MAINDY ROAD
Change of use from a C3 dwelling house to eight person house of multiple occupation (sui generis) with ground and first floor rear extensions, rear dormer roof extension, insertion of roof light to the front roof plane and associated alterations
REASON: The use of the property as an 8 bedroom House in Multiple Occupation has the potential to further exacerbate the unacceptable cumulative adverse impacts on the amenities of the area by virtue of:
§ a higher number of transient residents leading towards less community cohesion and undermining the objectives of securing a sustainable mixed use community, contrary to Policy KP5, Policy KP13 and Policy H5 of the Cardiff Local Development Plan (2006-2016) and advice contained within the Houses in Multiple Occupation Supplementary Planning Guidance (2016).
§ a higher portion of transient residents leading to an increase of cumulative demand on social, community and physical infrastructure, contrary to Policy KP5, Policy KP13 and Policy H5 of the Cardiff Local Development Plan (2006-2026) and advice contained within the Houses in Multiple Occupation Supplementary Planning Guidance (2016).
1. The use of the property as an 8 bedroom HMO will result in an increase in the number of HMO’s within the vicinity to the detriment of the existing community affecting its composition, cohesion, character, functionality and its sense of place contrary to Policy KP5, Policy KP13 and Policy H5 of the Cardiff Local Development Plan (2006-2026) and the Houses in Multiple Occupation Supplementary Planning Guidance (2016).
APPLICATIONS DEFERRED
18/00736/MNR – WHITCHURCH & TONGWYNLAIS
71 CHURCH ROAD
Proposed demolition of existing garage/ outbuilding construction of new 2 storey detached dwelling, detached replacement garage with studio above and glazed link to existing dwelling.
REASON: As a result of a technical issue with the new software system and Councillors being unable to speak.
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 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) to require:
(i) The cessation of the use of the land for the storage of:
(a) construction related goods including (but not limited to), building
materials, fittings, fixtures, signage, ladders, paint, machinery, bricks, fencing,
sheds, tubing, wheelbarrows, tubs, woodwork, pallets and UPVC frames and
other miscellaneous items;
(b) construction related waste materials including (but not limited to),
rubble, tubs, woodwork and pallets;
(c) a prefabricated unit, shed and other buildings, along with the remains
of a roof.
(ii) The permanent removal from the land of the:
(a) construction related goods including (but not limited to), building
materials, fittings, fixtures, signage, ladders, paint, machinery, bricks, fencing,
sheds, tubing, wheelbarrows, tubs, woodwork, pallets, UPVC frames and
other miscellaneous items;
(b) construction related waste materials including (but not limited to),
rubble, tubs, woodwork and pallets;
(c) prefabricated unit, shed and other buildings, along with the remains of
a roof.
(2) T H AT, in the event of non-compliance with the Notice, authorisation be
granted 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
the change of use of the land from agriculture to a mixed use of agriculture and the
storage of construction items and waste, plant/machinery, the siting of a pre-
fabricated container and other associated buildings has commenced within the last
10 years.
(2) The unauthorised change of use of the land has resulted in a large volume of
commercial items, waste as well as associated machinery and buildings stored on
agricultural land in readily visible positions. This results in the loss of open
countryside which is detrimental to the rural character of the area and to the visual
amenities of local properties. Furthermore, the movement, sorting, collecting and
delivery of items, waste and machinery is a loud and disruptive process which further
detrimentally impacts the amenities of neighbouring properties by way of noise
disturbance and further detrimentally impacts the character of the area. The
unauthorised use of the land for the storage of construction items, plant/machinery
and associated structures and buildings is therefore considered to be contrary to
Policies MD2, MD5 and MD7 of the Local Development Plan as well as guidance set
out in Planning Policy Wales (Edition 11, 2021).
(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.
(ii) Land and Buildings at 101, Port Road West, Barry -
The report sought authorisation to issue an Enforcement Notice under section 172 of
the Town and Country Planning Act 1990 (as amended) in respect of the grey roof
tiles, boundary wall and dormer window recently constructed at the property.
The report recommended that an Enforcement Notice be issued requiring the
replacement of the roof tiles on the existing dwelling and extension with a suitable
alternative that matched the colour and texture of the original dwelling, lowering the
1.8m high boundary wall and the finishing of the dormer window in materials that
matched the roof of the original dwelling. Authorisation was also sought to pursue
legal proceedings in the event that the Enforcement Notice was not complied with.
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) The removal of the grey cement roof tiles on the existing dwelling and
their replacement with a suitable alternative that matches, as far as
practicable, the colour and concrete texture/profile of the tiles on the original
dwelling and adjoining property.
(ii) The removal of the grey cement roof tiles on the two-storey side
extension and their replacement with a suitable alternative that matches the
colour and concrete texture/profile of the tiles on the original dwelling and
adjoining property.
(iii) The reduction of the 1.8m high boundary wall/fence constructed around
the boundary of the garden to a height of no more than 1m above ground
level.
(iv) The removal of all waste materials resulting from the taking of steps (i)
– (iv) above from the site.
(2) 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.
Reasons for decisions
(1) It appears to the Council that the above breach of planning control constituting
operational development - the re-roofing of the original dwelling and the construction
of the boundary wall, have occurred within the last 4 years and the roofing of the
extension with grey cement tiles in breach of condition 2. On planning application
2020/01082/FUL, within the last 10 years.
(2) The development has been undertaken to a residential property within the
settlement boundary where development is expected to be of a high standard of
design that positively contributes to the context and character of the surrounding
natural and built environment and is of a scale, form, layout and character that is
sympathetic to and respects its immediate setting and wider surroundings. The use
of grey cement roof tiles on the original dwelling and extension, and boundary wall
are considered to be unacceptable as they detract from the character of the existing
property and its setting and have an adverse impact on the wider street scene. The
development is therefore considered to be contrary to policies SP1, (Delivering the
Strategy), SP10 (Built and Natural Environment), MD2 (Design of New Development)
and MD5 (Development within Settlement Boundaries), the Residential and
Householder Development SPG, PPW Edition 11 (2021) and Technical Advice Note
12: Design.
(3) Despite meetings and correspondence with the owner of the property, no
further attempts have been made to regularise the position or remove the
unauthorised development which is considered to be unacceptable.
(4) 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: That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, APPROVED the application.
The Sub-Committee heard from the applicant and listened to all the evidence and submissions and considered the written material. Members also considered the Licensing Act 2003, the Section 182 Guidance and Statement of Licensing Policy.
The Sub-Committee heard from the applicant and heard representations made by members of the public and also considered all written representations made. It was also noted that, prior to the meeting, the applicants accepted the proposed conditions from South Wales Police at Appendix C of the report.
The Sub-Committee recognised the concerns of the objectors; however, in determining this application, the Licensing Sub-Committee can only consider issues that impact the licensing objectives as a result of the licensable activity. It was noted that this premises already has a premises licence that includes off-sales, so they have been permitted to use the outside space. There were also a number of issues relating to parking and the ownership of the land that falls outside of the remit of this committee.
The Sub-Committee gave regard to the representations from other persons but felt that no evidence was presented that the granting of this application would undermine the licensing objectives. Where there is no evidence that a Premises Licence will undermine the licensing objectives, there is a presumption to the grant the application. If there is evidence that a licensed premises is undermining the licensing objectives, the Licensing Act 2003 allows any person to apply for a Review of the Premises Licence. They therefore resolved to grant the application, subject to the agreed conditions with South Wales Police.