Agenda Item No 14

The Vale of Glamorgan Council

Cabinet Meeting: 30 July, 2018

Cabinet Member for Regeneration and Planning

Adoption of Supplementary Planning Guidance for Public Art and New Development; Travel Plans; and, Trees, Woodlands, Hedgerows and Development

Purpose of the Report

  1. This report has been prepared to advise Cabinet Members of the results of the public consultation undertaken on the draft Supplementary Planning Guidance (SPG) in relation to Public Art and New Development; Trees, Woodlands, Hedgerows and Development; and Travel Plans and to adopt the SPG documents for development management purposes.
  2. This report contains the following appendices. With the exception of Appendix 1, the appendices are attached electronically as hyperlinks due to the size of the documents.  Hard copies of the appendices have been made available in the Members Room for information.

Appendix 1 - Summary Table of SPG Consultation representations and the Council's Responses.

Appendix 2 - Final Public Art and New Development SPG.

Appendix 3 - Final Travel Plans SPG (with tracked changes shown).

Appendix 4 - Final Trees, Woodlands, Hedgerows and Development SPG (with tracked changes shown).

Appendix 5 - Amended Planning Obligations SPG (with tracked changes shown)

Recommendations

  1. That Cabinet notes the contents of the report and endorses the responses to the representations received on the draft SPG attached as Appendix 1.
  2. That, subject to the provisions of recommendation 3, Cabinet approves the amended SPGs attached to this report as appendices 2-5 for use in development management decisions alongside the adopted Local Development Plan and that these replace previous versions of SPGs on these topics namely Public Art SPG, Trees and Development SPG and Planning Obligations SPG.
  3. That the Head of Regeneration and Planning be authorised to agree the final format of and any necessary minor typographical changes and minor amendments to the SPGs prior to their publication, and thereafter update them with any factual updates in response to policy or legislative changes as appropriate.
  4. That Members of the Planning Committee be advised of the outcome of the public consultation and adoption of the SPGs.

Reasons for the Recommendations

  1. To provide a summary of the public consultation undertaken on the draft Public Art and New Development; Trees, Woodlands, Hedgerows and Development; and Travel Plans SPGs and to seek members endorsement of the responses and changes to the finalised SPGs.
  2. To ensure the effective consideration of planning applications following the adoption of the LDP and to provide decision makers, applicants and developers access to the Council's most up-to-date guidance relating to Public Art and New Development; Travel Plans; and  Trees, Woodlands, Hedgerows and Development. That the Planning Obligations SPG be updated to reflect the latest thresholds for Travel Plans.
  3. To accommodate any necessary changes and/or amendments resulting from the current revision of Planning Policy Wales by the Welsh Government and to enable the correction of any typographical or minor errors found within the revised SPGs.
  4. To inform Planning Committee of the adoption of the SPGs as material considerations in the determination of future planning applications.

Background

  1. Members will recall the report of the 30th April 2018 which outlined the Council's need to update and/or prepare new SPGs following the adoption of the Vale of Glamorgan Local Development Plan 2011- 2026 (LDP) on the 28th June 2017 in order to accord with the requirements and commitments set out in the LDP Monitoring Framework.
  1. The report sought Cabinet approval to undertake public consultation on the second suite of updated/new SPGs specifically those in respect of the following topics:

- Public Art and New Development;

- Travel Plans; and

- Trees, Woodlands, Hedgerows and Development.

  1. In accordance with Council Minute C296, the six week public consultation exercise on the draft SPGs took place between Tuesday 8th May and Tuesday 19th June 2018 with the relevant documentation being made available at the main Council offices and on the Council's web site.
  2. Officers have considered the representations received in response to the SPG consultation and have amended the SPGs where it has been considered necessary or relevant. This report therefore summarises the results of the public consultation and seeks the adoption of the finalised SPGs to ensure guidance for these key policy areas remains up-to-date and can be considered alongside the Adopted LDP. 

Relevant Issues and Options

  1. In total 9 organisations/individuals commented on the draft SPGs; and the comments received, the Council's specific responses and any changes proposed to the SPGs are set out in the Table at Appendix 1. A brief summary of the main comments and the Council's responses and/or proposed changes are set out for each of the SPGs below.

Public Art and New Development SPG

  1. Barry Town Council welcomed the draft SPG document, supported its publication, and has provided general comments on matters relating to the implementation of Public Art, which the Council consider to be addressed within the SPG. Barry Town Council also suggested the possibility of pooling public art contributions together in to a central Public Art Fund. The Council's response to this suggestion is set out in Appendix 1, highlighting that Public Art contributions is a form of planning obligations which must be directly related to the development and generally provided on site or in close proximity to the development. Therefore it would not be possible to set up a fund to support Public Art across the authority.
  2. Glamorgan Gwent Archaeological Trust submitted a number of general comments on the SPG which highlighted the potential impact larger scale pieces of public art may have on buried archaeological resources, and the services that their organisation can provide as a statutory consultee.
  3. South Wales Police welcome the Council's publication of the SPG on Public Art and New Developments and recognise the value in creating a sense of place and community, and highlighted the need to ensure that public works of art be located in safe and accessible locations.
  4. Llandough Community Council highlighted the need for Town and Community Council's to be specifically consulted on proposed public art in new development. This comment is noted, and it is highlighted that the SPG does refer to the requirement to work with stakeholders in the commissioning and delivering of public art which would include local elected representatives and local residents where this is appropriate.
  5. As a result of the nature of the comments received, no changes were considered necessary to the Public Art and New Development SPG.

Travel Plans SPG

  1. Barry Town Council welcomed the draft SPG document and supported its publication.
  2. South Wales Police welcomes the SPG on Travel Plans but would like to see a section on community safety included. The Council accepts the comments of the South Wales Police and proposes to include the submitted text at paragraph 11.9 of the SPG as shown in the tracked changes version of the SPG at Appendix 3.
  3. Cardiff Council welcomes the opportunity to comment on the Travel Plans SPG and support its production. Cardiff Council requested further guidance on Transport Assessments be included within the SPG. The Council has accepted this request and proposes to amend paragraph 9.2 of the SPG as shown in the tracked changes version of the SPG at Appendix 3.
  4. Llandough Community Council request that the SPG require developers to submit a full Travel Plan at the planning consultation stage to enable community and town councils to comment on its content.  In response, the Council highlight that paragraph 6.3.1 of the SPG does specify that full travel plans should be prepared for both full planning applications and outline planning applications. Where developers are required by condition to submit Travel Plans these will need to meet the minimum requirements detailed in the SPG.
  5. Redrow Homes (South Wales) Ltd highlight that the threshold requirements for the production of a travel plan do not match those set out in the Council's current Planning Obligation SPG. In response the Council considers the Planning Obligations SPG should be amended so as to reflect the requirements introduced in the Travel Plans SPG (see Appendix 5).
  6. Redrow Homes (South Wales) Ltd also raised an objection to the SPG requirements for monitoring the implementation of travel plans, arguing that this introduces additional requirements beyond those set out in the Adopted Vale of Glamorgan Local Development Plan (LDP), since the LDP itself does not set a target to reduce car travel within its monitoring framework. In response, the Council highlights that the monitoring of travel plans is deemed as best practice, noting the example of  the Department for Transport  'Good Practice Guidelines: Delivering Travel Plans through the Planning Process (2009)' which emphasises the importance of monitoring travel plans. Such best practice is supported by national guidance contained within TAN 18. Accordingly, the Council is of the opinion that the SPG accords with best practice guidance for travel plans should maintain the requirement to monitor travel plans within the SPG.

Trees, Woodlands, Hedgerows and Development SPG

  1. Barry Town Council supports the publication of the SPG, however it highlights the absence of reference to the restrictions to development for protected species (Conservation of Habitats and Species Regulations 2010 (as amended)) and nesting periods (Wildlife and Countryside Act 1981 (as amended)). The Council accepts the comments of Barry Town Council and proposes to include a new paragraph at 4.17 referencing aforementioned legislation as shown in the tracked changes version of the SPG at Appendix 4.
  2. Glamorgan Gwent Archaeological Trust submitted a number of general comments on the SPG and requested that reference be made within the guidance to the potential impact that works to trees, woodlands and hedgerows may have on the archaeological assets. The Council accepts this comment and propose to include a new section at paragraph 5.13 and at paragraph 12.1.4 as shown in the tracked changes version of the SPG at Appendix 4.
  3. Natural Resources Wales (NRW) provided general comments on the SPG and also requested a number of specific changes to make reference to the role of the planning system in delivering the goals of the Well-being of Future Generations (Wales) Act (2015); and, the Biodiversity and Resilience of Ecosystems Duty (Section 6 Duty) of the Environment (Wales) Act 2016.  NRW also recommended additional references to potential requirements for surveys to be undertaken and in respect of protected species legislation.  The Council accepts the comments made by Natural Resources Wales and propose a number of additions to the SPG as shown in the tracked changes version of the SPG at Appendix 4.
  4. South Wales Police requested a section on Community Safety be included within the SPG.  The Council accepts this request and proposes to include a new section at paragraph 8.2 Community Safety as shown in the tracked changes version of the SPG at Appendix 4.
  5. The Council's Ecology Officer requested references be made to the ecological importance of trees, hedgerows and woodland; and the potential need to undertake surveys, and  for a section on  ancient woodlands and mature /veteran trees be included within the SPG. Accordingly, the SPG has been amended to include a new section 5.8  Ancient Woodland, Mature and Veteran Trees and references to habitat survey works and protected  species.   The Council accepts this request and within a  new paragraph at 12.3.3 as shown in the tracked changes version of the SPG at Appendix 4.
  6. A member of the public has suggested that the SPG highlight the importance of trees in reducing air pollution and improving air quality particularly within urban areas. The Council accepts this request and propose to include this at paragraph 8.1.3 of the SPG as shown in the tracked changes version of the SPG at Appendix 4.

Planning Policy Wales

  1. It should also be noted that the Welsh Government is currently consulting on a major revision to Planning Policy Wales which has been restructured into policy themes around the goals set out in the Well-Being of Future Generations (Wales) Act 2015. While at this time it is not anticipated that the revision will have any significant impact upon the Council's SPGs, minor amendments may be required to clarify and/or update the SPGs when the revision to PPW has been finalised. Recommendation 3 above has therefore been included to enable such revisions to be made in due course.

Resource Implications (Financial and Employment)

  1. The preparation of the updated Supplementary Planning Guidance has been undertaken by officers within the Regeneration and Planning Division within existing budgets.

Sustainability and Climate Change Implications

  1. The revised SPGs have been prepared in accordance with the Welsh Government's objectives in relation to sustainability and climate change in respect of the seven wellbeing goals set out in the Well-being of Future Generations (Wales) Act 2015. For example, through creating balanced and attractive communities, protecting biodiversity and ensuring the sustainable use of natural resources. 

Legal Implications (to Include Human Rights Implications)

  1. The revised SPGs will be used as a material consideration in the determination of planning applications and planning appeals.
  2. In preparing the SPGs the Council has considered the requirements of the Well Being of Future Generations (Wales) Act 2015 and the 7 wellbeing goals.
  3. There are no human rights implications from the report.

Crime and Disorder Implications

  1. There are no direct crime and disorder implications arising from this report. Crime and disorder implications can however be considered in the planning system at the development management stage when assessing the design and layout of proposals. In response to comments received, sections on safer by design have been added to the SPGs where relevant.

Equal Opportunities Implications (to include Welsh Language issues)

  1. The preparation of and the consultation on the revised SPGs have been undertaken with regard to the Council's equal opportunities and Welsh language policies. Once finalised all documents will be available in Welsh and English.

Corporate/Service Objectives

  1. The adoption of the revised SPGs will ensure that up-to-date and robust local planning policies can be used in the consideration of future development proposals in the area.
  2. The revision of the SPGs as detailed within this report form an integral part of the implementation of the LDP and its policies and proposals. The SPGs which are the subject of this report form the second suite of such documents to be updated in line with the LDP monitoring framework. Further SPG documents will be reported in due course in accordance with LDP proposals.
  3. The LDP is a key policy and implementation document for the Council set out in the Corporate Plan under Well-being Outcome 2, Objective 4. In addition, the preparation and revision of SPG is included in the Regeneration and Planning Team Plan 2017/18. This includes the Public Art and New Development; Trees, Woodlands, Hedgerows and Development; and the Travel Plans SPGs.

Policy Framework and Budget

  1. This adoption of the revised SPG documents is a matter for Executive decision by the Cabinet.

Consultation (including Ward Member Consultation)

  1. No specific ward member consolation has been undertaken as the application of the revised SPGs affects the whole of the Vale of Glamorgan.

Relevant Scrutiny Committee

  1. Environment and Regeneration.

Background Papers

Appendix 1 - Summary of SPG Consultation representations and Council's Responses.

Appendix 2 - Final Public Art and New Development SPG

Appendix 3 - Final Travel Plans SPG

Appendix 4 - Final Trees, Woodlands, Hedgerows and Development SPG

Appendix 5 - Amended Planning Obligations SPG

Contact Officer

Victoria Robinson - Operational Manager for Planning and Building Control

Officers Consulted

Head of Regeneration and Planning

Head of Neighbourhood Services and Transport

Operational Manager for Engineering, Design and Procurement

Operational Manager for Regeneration

Lawyer, Legal Division

Principal Accountant

Responsible Officer:

Rob Thomas - Managing Director