To seek Cabinet approval for the creation of a community route between Pencoed

and Heol y Cyw and the subsequent adoption of the proposed route as a highway

maintainable at the public expense and to inform Cabinet of the current position in

respect of  Section 106 Agreement funding received  pursuant to a Section 106

Agreement  dated the 10^th October 2007 and the use of this funding for the proposed

route.

The Corporate Director Communities submitted a report, that sought Cabinet approval for the creation of a community route between Pencoed and Heol y Cyw, and the subsequent adoption of the proposed route as a highway maintainable at the public expense. The report also informed Cabinet of the current position in respect of Section 106 Agreement funding received pursuant to a Section 106 Agreement dated 10 October 2007, and the use of this funding for the proposed route.

By way of background information, the Corporate Director Communities advised that in 2006 Rockwool Ltd submitted a planning application to increase the size of its operational facility in Wern Tarw near Pencoed.

During subsequent discussions between Rockwool Ltd and the Council, it was agreed that Condition 12 of planning consent P/06/1588/FUL would be superseded by a Section 106 Agreement requiring the provisions as outlined in paragraph 3.2 of the report.

Paragraph 3.3 of the report explained that due to issues regarding land ownership rights, ie that some of the original community route initially proposed, could not be used as it was common rather than Council owned land, in April/May 2012 the Heol y Cyw Community Access Group approached the Council about the proposal to construct a community route from Pencoed to Heol y Cyw that was also acceptable to the Commoners Association by means of an alternative Scheme being submitted to the one that was originally proposed.

Paragraph 3.6 of the report, also gave details of the stretch of route to be provided and information regarding Section 106 funds. The Corporate Director Communities expanded upon this, by confirming that it was proposed that the remaining Section 106 monies would be used exclusively on construction of the works between Pencoed and Wern Tarw Cross. The remaining Section 106 monies were not sufficient to construct all of the proposed route between these areas. Rockwool had conditioned that, in order for the Section 106 monies to be used to fund part of the construction of the route, the Community Group had to gain access to sufficient additional monies to construct the section from Pencoed to Wern Tarw Cross before a build contract was entered into.

The Corporate Director Communities added that it was proposed that when the route had been completed to a satisfactory standard it would be adopted by the Council as a highway maintainable at the public expense. This would in all likelihood involve phased dedication of sections of the proposed route.

Paragraph 4.1 then outlined the current situation regarding the proposed route.

The Cabinet Member Communities confirmed that this was excellent news that supported Priority Two, helping people to be more self-reliant by enabling community groups and the third sector to have more voice and control over community assets. She added that it also followed the Council’s Wellbeing agenda, in that people who use the route would be utilising the environment effectively. It would obviously support the immediate community she added.

The Cabinet Member Regeneration and Economic Development confirmed that the route would also benefit pedestrians, cyclists, people with pushchairs and those who used wheelchairs.

The Cabinet Member Resources, welcomed the contribution towards the route that had been given by the local Member. He added that the route so secured would also take out a treacherous part of the current route.

RESOLVED:                       That Cabinet approved:

1.    The submission of an application under Section 38

       Planning Inspectorate Wales for consent to construct works on common land.

2.   That the Corporate Director, Operational & Partnership Services be authorised:

·            To advertise notice of the section 38 Commons Act 2006 application.

• To enter into a licence with the Landowner (The Dunraven Estate) and the Conservators of the common to enable works to be completed prior to dedication.
• To enter into a Footpath Creation Agreement with the Landowner, the Conservators of the Coity Wallia Common and Commoners Association pursuant to  section 25 of the Highways Act.
• To obtain such further consents that were required under the Coity Wallia Commons Act 1976.
• To progress a cycletrack conversion order pursuant to the Cycle Tracks Act 1984 to enable use of the proposed route by cycles.
• Invite tenders and award a contract for the construction of the proposed works.