Agenda, decisions and minutes

To receive disclosures of personal interest from Members in accordance with the Code of Conduct.

Note:

1.     Members are requested to identify the item number and subject matter that their interest relates to and signify the nature of the personal interest; and

2.     Where Members withdraw from a meeting as a consequence of the disclosure of a prejudicial interest they must notify the Chairman when they leave. 

In accordance with the Council’s Code of Conduct, there were no declarations made pertaining to the agenda.

To note, that when Committee Members determine the development control matters before them, they should have regard to the Development Plan and, so far as material to applications, to any other material considerations and when taking decisions, Members have to ensure they do not act in a manner that is incompatible with the Convention on Human Rights as incorporated into legislation by the Human Rights Act 1998.

It was RESOLVED to note that when Committee Members determine the development control matters before them, they should have regard to the Development Plan and, so far as material to applications, to any other material considerations and when taking decisions, Members have to ensure they do not act in a manner that is incompatible with the convention on Human Rights as incorporated into legislation by the Human Rights Act1998.

To note that the Wellbeing of Future Generations (Wales) Act 2015 imposes a duty on public bodies to carry out sustainable development in accordance with the sustainable development principle and to act in a manner which seeks to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.

It was RESOLVED to note that the Wellbeing of Future Generations (Wales) Act 2015 imposes a duty on public bodies to carry out sustainable development in accordance with the sustainable development principle and to act in a manner which seeks to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.

To approve as an accurate record, the minutes of the meeting of the Planning and Development Committee held on 08.02.24.

It was RESOLVED to approve as an accurate record, the minutes of the meeting of the Planning and Development Committee held on the 08.02.24.

The Committee agreed that the agenda would be considered out of sequence and as detailed in the minutes set out hereunder.

Detached dwelling and upgrade works to access lane. (Coal Mining Risk Assessment received 21/11/23) (amended red line boundary and plans received 15/12/23)

LAND TO THE REAR OF  MILDRED STREET, BEDDAU

Detached dwelling and upgrade works to access lane. (Coal Mining Risk Assessment received 21/11/23) (amended red line boundary and plans received 15/12/23) LAND TO THE REAR OF MILDRED STREET, BEDDAU

Members RESOLVED to defer the Application for a Site Inspection to be undertaken by the Planning and Development Committee to view the potential widening of highways access.

In view of the above decision, the Chair informed the persons present to address the Committee on the application that if they wished to speak when the matter was next reported to Committee, they would have to submit requests to do so.

Reinstatement of existing living accommodation to first floor, upgrade, alteration and extension of building (Amended plans and description received 14/11/2023) (Amended plans received 05/12/2023 and 16/02/2024)

OLD YNYSYBWL INN, MILL ROAD, YNYS-Y-BWL, PONTYPRIDD, CF37 3LS

Reinstatement of existing living accommodation to first floor, upgrade, alteration and extension of building (Amended plans and description received 14/11/2023) (Amended plans received 05/12/2023 and 16/02/2024) OLD YNYSYBWL INN, MILL ROAD, YNYS-Y-BWL, PONTYPRIDD, CF37 3LS

The Head of Major Development and Investment outlined the content of a ‘late’ letter received from a neighbour in objection of the application.

The Head of Major Development and Investment presented the application to Committee and following consideration it wasRESOLVED to approve the application in accordance with the recommendation of the Director, Prosperity and Development and to the amendment of Condition 2 to require the permanent retention of the screen, as approved, thereafter and to an additional Condition No.3 restricting use of the balcony area to residential only and not for use in connection with the public house.

(Note: County Borough Councillor A Dennis joined the meeting during this item and therefore abstained from the vote.)

Development of 18 affordable dwellings, car parking, landscaping, sustainable drainage and associated works (Revised plans, to include solar panels on dwellings, received 13th December 2023. Revised Site Layout Plan, Soft Landscaping Details and Green Infrastructure Statement, Landscape Specification and Management Plan received 14th February 2023)

LAND TO THE EAST OF EAST STREET, TYLORSTOWN, FERNDALE

Development of 18 affordable dwellings, car parking, landscaping, sustainable drainage and associated works (Revised plans, to include solar panels on dwellings, received 13th December 2023. Revised Site Layout Plan, Soft Landscaping Details and Green Infrastructure Statement, Landscape Specification and Management Plan received 14th February 2023) LAND TO THE EAST OF EAST STREET, TYLORSTOWN, FERNDALE

Non-Committee, Local Member County Borough Councillor R Bevan spoke on the application and put forward his support in respect of the proposed Development whilst also outlining some concerns regarding the development.

The Head of Planning presented the application to Committee and following consideration it wasRESOLVED to approve the application in accordance with the recommendation of the Director, Prosperity and Development subject to the completion of a section 106 agreement requiring:

i)                 To ensure that the dwellings are established and maintained as affordable units, for the continued purpose of meeting identified local housing needs. Additionally, the reduced off-street parking provision, compared with the Council’s SPG for Access, Circulation and Parking, has been considered acceptable on the basis that residents of social housing demonstrate lower levels of car ownership. ii) to secure an off-site recreation contribution of £18,000 (£1,000 per dwelling) to the upgrading of the existing play area at Edmondes Street, in accordance with the Council’s SPG for Planning Obligations.

(Note: County Borough Councillor A Dennis left the meeting during this item due to technical difficulties and therefore did not take part in the vote or in any other items of business for this meeting.)

Discharge of conditions 7 (Traffic management) and 8 (full drainage) of previously approved 23/0575/15 (Variation of condition 1 of application 18/0617/15 (original application: 13/0758/10 - Residential development, construction of 3 no. 3 bedroom linked housing units)

LAND ADJ TO 15  GROVER STREET, GRAIG, PONTYPRIDD

Discharge of conditions 7 (Traffic management) and 8 (full drainage) of previously approved 23/0575/15 (Variation of condition 1 of application 18/0617/15 (original application: 13/0758/10 - Residential development, construction of 3 no. 3 bedroom linked housing units) LAND ADJ TO 15 GROVER STREET, GRAIG, PONTYPRIDD

The Head of Planning presented the application to Committee and following consideration it wasRESOLVED to defer the determination of the application to a future meeting of the Planning & Development Committee toallow Planning Officers further time to consider the contents of a late letter of objection that had been received from Dwr Cymru / Welsh Water.  

Certificate of Lawfulness for a proposed change of use of a dwelling C3(a) to a Children’s Residential Home C2 for up to 2 children.

142 KENRY STREET, TONYPANDY, CF40 1DD

Certificate of Lawfulness for a proposed change of use of a dwelling C3(a) to a Children’s Residential Home C2 for up to 2 children. 142 KENRY STREET, TONYPANDY, CF40 1DD

The Head of Major Development and Investment presented the application which was originally reported to Committee on 22^nd February 2024 where Members were minded to refuse the grant of a certificate of lawfulness, contrary to the officer recommendation of the Director, Prosperity and Development.

Members gave consideration to the further report, highlighting the potential strengths and weaknesses of refusing contrary to officer recommendation and following discussions, it was RESOLVED to refuse the certificate of lawfulness contrary to the recommendation of the Director, Prosperity and Development for the reasons set out in pages 4 and 5 of the further report.

Certificate of Lawfulness for a proposed change of use of a dwelling C3(a) to a Children’s Residential Home C2 for up to 2 children, along with 2 no. support staff 24 hours a day, operating in shifts, and a registered manager.

134 TURBERVILLE ROAD, PORTH, CF39 0ND

Certificate of Lawfulness for a proposed change of use of a dwelling C3(a) to a Children’s Residential Home C2 for up to 2 children, along with 2 no. support staff 24 hours a day, operating in shifts, and a registered manager. 134 TURBERVILLE ROAD, PORTH, CF39 0ND

The Head of Major Development and Investment presented the application to Committee and following consideration Members were minded to refuse the grant of a certificate of lawfulness as Members were of the view that the change proposed would amount to a material change of use and that the nature of the proposed operation would result in additional comings and goings to the property, and a level of activity and disturbance over and above that which would be considered characteristic of a dwelling of this kind; thus, the change of use would be a material one.

Therefore, the matter would be deferred to the next appropriate meeting of the Planning & Development Committee for a report of the Director, Prosperity & Development, if necessary in consultation with the Director, Legal Services, highlighting the potential strengths and weaknesses of making a decision contrary to the recommendation of an officer or any proposed or possible planning reason for such a decision prior to determining a matter.

To inform Members of the following, for the period 12/02/2024 –23/02/2024

Planning and Enforcement Appeals Decisions Received

Delegated Decisions Approvals and Refusals with reasons.

Overview of Enforcement Cases.

Enforcement Delegated Decisions.

Members RESOLVED to receive the report of the Service Director, Planning in relation to Planning and Enforcement Appeal Decisions received, Delegated Decisions Approvals and Refusals with reasons, Overview of Enforcement Cases and Enforcement Delegated Decisions received for the period 12/02/2024 – 23/02/2024.