Agenda, decisions and draft minutes

Apologies for absence were received from County Borough Councillors J Bonetto, J Smith and M Powell.

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, a declaration of personal interest was made in respect of Application 22/0357 The proposed change of use of vacant land to the north of Earthmovers House for the creation of an area of hardstanding for vehicle parking and storage, including the diversion of Public Right of Way Llantrisant 223, and associated works (amended plans and documents received 29/06/22). UNIT 16 EARTHMOVERS HOUSE, LLANTRISANT BUSINESS PARK, LLANTRISANT, PONT-Y-CLUN, PONTYCLUN, CF72 8LF (PHASE 2)

Mr David Hart, Senior Environmental Health Officer “Two of the public speakers are known to me personally.”

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 07.03.24.

It was RESOLVED to approve as an accurate record, the minutes of the meeting of the Planning and Development Committee held on the 07.03.24.

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

Change of use from a C3 dwelling house to a C4 house in multiple occupancy (HMO) (5 bedrooms) and demolish old porch area at rear.

35 GYNOR PLACE, YNYS-HIR, PORTH, CF39 0NR

Change of use from a C3 dwelling house to a C4 house in multiple occupancy (HMO) (5 bedrooms) and demolish old porch area at rear. 35 GYNOR PLACE, YNYS-HIR, PORTH, CF39 0NR

(Note: At this point in proceedings County Borough Councillor G Hughes declared a personal interest in respect of this application.

“Two of the public speakers are known to me personally.”)

In accordance with adopted procedures, the Committee received the following public speakers who were each afforded five minutes to address Members on the above-mentioned proposal:

·       Mr S Davies (Objector)

·       Ms J Jones (Objector)

·       Ms P Holland (Objector)

·       Mr S Jones (Objector)

·       Ms J Williams (Objector)

Non-Committee, Local Member County Borough Councillor J Edwards spoke on the application and put forward her concerns in respect of the proposed Development.

The Head of Major Development and Investment presented the application to Committee and following consideration members were minded to refuse the above-mentioned application contrary to the recommendation of the Director, Prosperity & Development as Members were of the view that the building is substandard for what is proposed.

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.

The proposed change of use of vacant land to the north of Earthmovers House for the creation of an area of hardstanding for vehicle parking and storage, including the diversion of Public Right of Way Llantrisant 223, and associated works (amended plans and documents received 29/06/22).

UNIT 16 EARTHMOVERS HOUSE, LLANTRISANT BUSINESS PARK, LLANTRISANT, PONT-Y-CLUN, PONTYCLUN, CF72 8LF (PHASE 2)

The proposed change of use of vacant land to the north of Earthmovers House for the creation of an area of hardstanding for vehicle parking and storage, including the diversion of Public Right of Way Llantrisant 223, and associated works (amended plans and documents received 29/06/22). UNIT 16 EARTHMOVERS HOUSE, LLANTRISANT BUSINESS PARK, LLANTRISANT, PONT-Y-CLUN, PONTYCLUN, CF72 8LF (PHASE 2)

Following consideration by Committee, it was RESOLVED to defer the Application for a Site Inspection to be undertaken by the Planning and Development Committee and attended by Public Health representative to consider the noise issues and bund.

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.

Change of use from dwellinghouse (Class C3) to residential care home (Class C2) for up to 4 children and reinstatement of car parking.

GWYNFRYN, BRYNBEDW ROAD, TYLORSTOWN, FERNDALE, CF43 3AE

Change of use from dwellinghouse (Class C3) to residential care home (Class C2) for up to 4 children and reinstatement of car parking. GWYNFRYN, BRYNBEDW ROAD, TYLORSTOWN, FERNDALE, CF43 3AE

In accordance with adopted procedures, the Committee received Mr R Chichester (Agent) who was afforded five minutes to address Members on the above-mentioned proposal.

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 amendment of Condition 2 to refer to an updated plan.

Discharge of conditions 7 (traffic Management) and 8 (drainage details)

imposed on planning permission 23/0575/15 for the construction of 3no. three

Bedroom houses on

LAND ADJACENT TO 15 GROVER STREET, GRAIG, PONTYPRIDD.

Discharge of conditions 7 (traffic Management) and 8 (drainage details) imposed on planning permission 23/0575/15 for the construction of 3no. three Bedroom houses on LAND ADJACENT TO 15 GROVER STREET, GRAIG, PONTYPRIDD.

In accordance with adopted procedures, the Committee received Ms J Richards (Advisor to Objectors) who was afforded five minutes to address Members on the above-mentioned proposal.

The Head of Planning presented the application which was originally reported to Committee on 7^th March 2024 where Members deferred the application, to allow officers further time to consider the contents of the late letter received from Dwr Cymru Welsh Water (Minute No. 226 refers).  

Members gave consideration to the further report, and following discussions, it was RESOLVED to approve the application in accordance with the recommendation of the Director, Prosperity and Development.

Outline Application with all matters reserved for 4 detached dwelling with double garages  (Resubmission of planning ref. 23/0143/13) (Amended Plan Rec. 25/01/24)

LAND AT MOSS PLACE, ABER-NANT, ABERDARE

Outline Application with all matters reserved for 4 detached dwelling with double garages (Resubmission of planning ref. 23/0143/13) (Amended Plan Rec. 25/01/24) LAND AT MOSS PLACE, ABER-NANT, ABERDARE

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.

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. 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, along with 2 no. support staff 24 hours a day, operating in shifts, and a registered manager. 142 KENRY STREET, TONYPANDY, CF40 1DD.

The Head of Major Development and Investment presented the application which was originally reported to Committee on 7^th  March 2024 where Members were minded to refuse the 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 approving 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 following reasons:

The operation of a children’s home would not be reflective of the prevailing character of the neighbouring dwellings and surrounding area and would therefore be considered to constitute a material change of use for the following reasons:

• the additional comings and goings to the property and the level and pattern of activity and disturbance would be over and above that considered characteristic of a dwelling of this kind;

• the type of occupation, carers on duty all night, comings and goings more numerous than usual and patterns of life would be different to those of most family homes;

• the additional traffic to the property, from the staff and managers employed there and at shift changeover time, as well as that generated by professional visitors, would be exacerbated by the absence of off-street parking facilities;

• the capacity of the property to accommodate the proposed intensive use, due to the need to provide separate space for three adults for office use, work breaks and a bed for the sleepin carer, as well as separate bedrooms for the two children, with limited bathroom facilities.  

Consequently, the development would not be lawful for planning purposes, and the Local Planning Authority refuses to grant a certificate of lawfulness for the proposed use and planning permission would be required.

To inform Members of the following, for the period11/03/2024 –29/03/2024

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 11/03/2024 – 29/03/2024.