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Declarations of Interest
To receive declarations of personal and prejudicial interest (if any) from Members/Officers including those who are also Town and Community Councillors, in accordance with the provisions of the Members’ Code of Conduct adopted by Council from 1 September 2008. Members having such dual roles should declare a personal interest in respect of their membership of such Town/Community Council and a prejudicial interest if they have taken part in the consideration of an item at that Town/Community Council contained in the Officer’s Reports below.
Councillor J Pratt declared an interest in Agenda item 8 as a member of Porthcawl Town Council, but who takes no part in planning matters. He added that the applicant had contacted him by email asking him if he would give his support to the application. As a member of the Development Control Committee however, he advised the applicant that he could not do this, as he had to look at all agenda items impartially.
To receive for approval the minutes of the 14/07/2022
RESOLVED: That the minutes of a meeting of the Development Control Committee dated 14 July 2022, be approved as a true and accurate record.
To advise Members of the names of the public speakers listed to speak at today’s meeting (if any).
The following invitees exercised their right to speak on the undermentioned application:
Application Site Public Speakers
P/22/34/FUL Former Blaenllynfi Infant School, Councillor P Davies
Grosvenor Terrace, Maesteg (Ward member &
D Green (Asbri
Planning (on behalf
of the applicant)
That the Chairperson accepts the Development Control Committee Amendment Sheet as an urgent item in accordance with Part 4 (paragraph 4) of the Council Procedure Rules, in order to allow for Committee to consider necessary modifications to the Committee Report, so as to take account of late representations and revisions that require to be accommodated.
RESOLVED: That the Chairperson accepted the Development Control Committee Amendment Sheet as an urgent item, in accordance with Part 4 (paragraph 4) of the Council Procedure Rules, in order to allow for the Committee to consider necessary modifications to the Committee report, so as to take account of late representations and revisions that are required to be accommodated.
RESOLVED: That the summary of Development Control Committee Guidance as detailed in the report of the Corporate Director - Communities was noted.
RESOLVED: (1) That having regard to the report, the applicant enters into a Section 106 Agreement to:
(i) Provide a minimum of 15% of the units as affordable housing with the type of units, location within the site and affordable tenure to be agreed by the Council.
(ii) Provide a financial contribution of £37,198 towards Education provision.
(iii) Provide a financial contribution of £11,380 towards Outdoor Sport provision in the vicinity of the application site.
(iv) Provide that members of the public will be allowed to use the active travel link through to Library Road via the private road in perpetuity.
Residential development of 20 affordable dwellings and associated works.
(2) That the Corporate Director Communities be given delegated powers to issue a decision
notice granting consent in respect of this proposal once the applicant has entered into
the aforementioned Section 106 Agreement,
subject to the Conditions contained in the report of the Corporate Director – Communities.
RESOLVED: That the above application be granted, subject to the Conditions contained in the report of the Corporate Director – Communities:-
Remove Condition 2 (Use) of P/20/498/RLX
Condition 3 of the report, currently reads:
The building shall be used for holiday accommodation and for no other purpose (including any other purpose in Class C3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any Statutory Instrument revoking and re-enacting that Order with or without modification). The holiday let shall be occupied for holiday accommodation only and shall not be occupied as a
person’s or persons’ sole or main place of residence and shall not be occupied by any person or persons for a period of more than 28 days in any 12 month period. An uptodate register shall be kept at the holiday accommodation hereby permitted and shall be made available for inspection by the Local Planning Authority upon request. The register shall contain details of the names of all of the occupiers of the accommodation, their main
home addresses and their date of arrival and departure from the accommodation.
The applicant is concerned that the highlighted sentence implies that nobody can stay at the holiday accommodation and, for the avoidance of doubt and confusion, the relevant sentence can be changed to:
and shall not be occupied by the same person or persons for a period of more than 28 days in any 12 month period.
Condition 1 should also be removed from the recommendation for any avoidance of doubt.
RESOLVED: (1) That it be noted that the inspector appointed by the Welsh Ministers to determine this appeal directed that the appeal be allowed subject to conditions:
Appeal Number Subject of Appeal
CAS-01413-L0P3D6 (1937) Retention of the Stationing & Operation of an A3 Mobile Hot Food Retail Unit:
Ward Jones, Horsefair Road, Waterton Industrial Estate, Bridgend
(2) That it be noted that the inspector appointed by the Welsh Ministers to determine this appeal directed that the appeal be allowed and the Enforcement Notice quashed:
CAS-01409-G4L2M2 (1938) Alleged unauthorised Burger Van:
Ward Jones, Horsefair Road, Waterton Industrial Estate, Bridgend
The Strategic Planning Team Leader submitted a report, the purpose of which, was to provide Members with an update on existing Section 106 Planning Agreements and to outline the circumstances in which Planning obligations are sought.
The report provided some background information following which, in light of increasing pressures to ensure that the justification for seeking Planning
Obligations was watertight, it is essential that the Authority has appropriate Local Development Plan (LDP) policies in place to provide the basis for entering into negotiations with applicants. Policy SP14 sets out the over-arching policy for securing Planning Obligations that address the infrastructural requirements of development, where these are deemed to be appropriate and have regard to development viability.
He confirmed that the policies in the LDP were further supported by various Supplementary Planning Guidance documents, including those detailed in paragraph 4.1 of the report.
A schedule of current Section 106 Agreements was appendedto the report and broken down into the following topic areas:-
· Education Facilities (Appendix 1 to the report),
· Affordable Housing (Appendix 2),
· Highways (Appendix 3) and
· Public Open Space (Appendix 4).
The Strategic Planning Team Leader concluded his submission, by confirming that such was the nature of the legislation governing Section 106
Agreements that the use of the various financial contributions needs to be defined at the point of negotiation with the developer. He added that, when such contributions are received, the relevant Service Areas are notified as they have ultimate responsibility for ensuring they are spent.
The Chairperson concluded debate on this item, by suggesting that if any Members have any observations to make on the report and in particular, its supporting information, then they contact the Strategic Planning Team Leader accordingly outside of the meeting.
RESOLVED: That the report be noted.
RESOLVED: That the report of the Corporate Director – Communities outlining the Training Programme for Members in the coming months be noted. A Member requested that a further training session be convened at a future date on the subject of the Wellbeing of Future Generations (Wales) Act 2015 and the impact of this legislation upon the Development Control Committee and the wider planning system, which was agreed to be scheduled by Members.
To consider any other item(s) of business in respect of which notice has been given in accordance with Part 4 (paragraph 4) of the Council Procedure Rules and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency.