Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 28th April 2014
Report of the Cabinet Member for Regeneration, Innovation, Planning and Transportation
Welsh Government Consultation : Draft Circular - The Use of Conditions in Development Management
Purpose of the Report
1. To update Members on the Welsh Government (WG) consultation and to seek endorsement of the response to that consultation.
1. That the content of the report be noted and the response to the consultation be agreed.
2. That the matter be referred to Planning Committee for information.
Reasons for the Recommendations
1. To endorse the response to the consultation.
2. To inform Planning Committee of the response.
2. Detailed guidance on the imposition of conditions is set out in Circular 35/95. That advice is now over 15 years old and it contains references to legislation which has been revised or replaced.
3. A number of recommendations have been made in the â€˜Study to Examine the Planning Application Process’ and by the Independent Advisory Group with regard to the application and use of planning conditions. This consultation relates to a draft circular that is proposed to replace Circular 35/95. It seeks to provide contemporary guidance with regard to the effective implementation of planning conditions, as well as provide an updated list of model conditions to promote best practice in the use of conditions in Wales.
4. The consultation paper includes a set of specific questions to which the Welsh Government is requesting views. The closing date for replies was 25th April 2014. The response has been issued with a caveat that the matter will be reported to Cabinet on 28th April 2014 with any additional comments to follow.
Relevant Issues and Options
5. Guidance on the imposition of conditions is already set out in Circular 35/95. However, many references to legislation have now been revised or replaced. In some cases, the advice contained within the circular has been superseded by later guidance in Technical Advice Notes (TANs) and circulars.
6. The attached draft circular (Appendix A) therefore intends to provide contemporary guidance with regard to the effective implementation of planning conditions, as well as an updated list of model conditions to promote best practice in Wales, whilst retaining the elements of Circular 35/95 which remain relevant. However, much of the information contained in Circular 35/95 remains useful and so has been retained where that is the case.
7. This consultation paper is the Welsh Government’s response to recent recommendations made in the Study to Examine the Planning Application Process in Wales and the report by the Independent Advisory Group) with regard to the application and use of planning conditions. This consultation will lead to the issuing of a new circular, to replace Circular 35/95.
Resource Implications (Financial and Employment)
8. Responding to the consultation can be met from within the Directorate resources. Some of the proposals may well have resource implications and where this is the case, the response to the consultation paper (Appendix A) makes reference to this.
Sustainability and Climate Change Implications
9. Land use planning has a significant impact on sustainability, ranging from influencing the need to travel, the location of new development, the sustainability credentials of new development as well as energy efficiency.
Legal Implications (to Include Human Rights Implications)
10. Land use planning is a statutory process and the Bill contains numerous references to elements of that process including planning appeals, development planning and the rights of individuals.
Crime and Disorder Implications
11. None specific to this report.
Equal Opportunities Implications (to include Welsh Language issues)
12. None specific to this report, although there are matters contained within the Bill to ensure that the planning service is delivered in a fair, consistent and equitable manner.
13. The efficient handling of planning matters impacts on the corporate objectives relating to regeneration, the environment and housing.
Policy Framework and Budget
14. The efficient handling of planning matters impacts on the corporate objectives relating to regeneration, the environment and housing.
Consultation (including Ward Member Consultation)
15. There has been no specific Ward Member consultation as this matter is not Ward specific.
Relevant Scrutiny Committee
16. Economy and Environment.
Welsh Government consultation – The Use of Conditions in Development Management
Marcus Goldsworthy, Operational Manager Development and Building Control - Tel. 01446 704661
Legal- Committee Reports
Rob Thomas - Director of Development Services