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Decision Maker: County Council
Made at meeting: 12/09/2018 - County Council
Decision published: 28/09/2018
Effective from: 12/09/2018
Council was informed that the Executive Board, at its meeting held on the 2nd July, 2018 (Minute 7 refers), had considered a report on proposals for the introduction of a Local Development Order for Llanelli Town Centre. If adopted the Order would allow for a range of uses within a defined spatial area in the town centre to proceed without the need for planning consent.
UNANIMOUSLY RESOLVED that the following recommendations of the Executive Board be accepted:
“9.1 The representations received in respect of the Draft Local Development Order (LDO) for Llanelli Town Centre be received;
9.2 The recommendations detailed within the report be approved;
9.3 The submission of the LDO (inclusive of the reports’ recommendations and evidence updates) to the Welsh Government for agreement be approved;
9.4 Delegated authority be granted to officers to make non-substantive typographical or factual amendments, as necessary, to improve the accuracy and clarity of the LDO;
9.5 Delegated authority be granted to officers to update the evidence base and make any consequential changes to the LDO, and to ensure any additional matters of legal compliance were also integrated.”
Following the Decision of the Executive Board to establish a Local Authority Trading Company called Llesiant Delta Wellbeing Ltd, delegated authority was granted to the Director of Communities and Director of Corporate Services to agree the Governance structures in respect of the company.
These structures have now been finalised.
Decision Maker: Directors of Communities & Corporate Services
Decision published: 03/09/2018
Effective from: 11/09/2018
1. To approve the Governance Arrangements for Llesiant Delta Wellbeing Limited as set out in the Shareholders Agreement between the Council and the Company
2. In accordance with the delegated authority previously granted by the Executive Board.
To consider and determine (on behalf of Carmarthenshire County Council as Registration Authority) on its legal merits the application for registration of land known as Llanerch Recreation or Playing Fields, Llanerch, as a Town or Village Green under s15 Commons Act 2006, dated 1st March 2017 and made by Ms Sharon Burdess
Decision Maker: Chief Executive
Decision published: 30/07/2018
Effective from: 07/08/2018
The application be refused and no part of the land to which the application relates should be added to the statutory register of Town or Village Greens maintained under the Commons Act 2006
To consider a termination of the current Joint Venture Agreement with the Welsh Government.
Decision Maker: Director of Regeneration & Policy
Decision published: 05/07/2018
Effective from: 13/07/2018
In accordance with the Delegated Authority granted to me by the Executive Board on the 4th June 2018 (Minute 23 refers) I am satisfied that the terms upon which I have negotiated, as detailed within the report, are appropriate for the authority and therefore approve the early conclusion and settlement of the WG share in the JV.
To confirm the governance and management
arrangements for the proposed new waste management teckal company,
including agreeing its Articles of Association.
Decision Maker: Director of Corporate Services
Decision published: 18/06/2018
Effective from: 27/06/2018
To formally set up the new teckal compliant
“CWM Environmental Limited” in accordance with its new
Articles of Association and governance structure.
Lead officer: Chris Moore
Decision Maker: Planning Committee
Made at meeting: 23/01/2018 - Planning Committee
Decision published: 14/02/2018
Effective from: 23/01/2018
The Senior Development Management Officer referred to the private site visit undertaken by the Committee earlier that day (Minute 4.3 of the Planning Committee held on the 16th November, 2017 refers) the purpose of which had been to enable the Committee to view the concerns raised over the increased traffic which would be generated by the proposed development for the safety of pedestrians, in particular, children walking to and from school. He thereupon referred, with the aid of powerpoint slides, to the written report of the Head of Planning which provided an appraisal of the site together with a description of the development, a summary of consultation responses received and information on the local and national policies which were relevant to the assessment of the application.
Particular reference was made to the planning history of the site in relation to the grant of planning application W/09082 in 2008, subject to a Section 106 Agreement for the provision of community benefits, the lapse of that consent in 2013, and the Welsh Office Inspector’s decision to include the site within her binding report on the LDP, published on the 16th October, 2014 without any specific requirement or conditions that the community benefits agreed under W/09082 were to be applied to any new planning consent. As a result of that decision, the Committee was advised that the application would need to be considered under current statutory planning legislation, including the Community Infrastructure Levy (CIL) Regulations 201, that placed limitations on the use of Section 106 Planning Obligations, and therefore the previously agreed community benefits could not be applied to the new application. However, if the Committee was to grant the application, the applicant would still be required to enter into a Section 106 Agreement to include a £26k contribution towards primary and secondary school education within the site’s catchment, highway improvements to include the provision of a footpath alongside the site’s frontage and further along into the village of Broadway.
In summary, the Committee was advised that the Head of Planning was recommending approval of the application for the reasons detailed within her written report and subject to the applicant entering into a Section 106 Agreement.
Representations were received on the previously agreed community benefits to be provided as part of planning application W/09082 and specifically, the land ownership transfer issues. It was argued those benefits should be honoured by the developer and incorporated within any new planning consent granted on the land. Additional representations were made on the separate accesses for the private and affordable housing elements of the proposed development and for those elements to be linked to avoid segregation.
The Developer’s agent, in response to the representations, advised that the application had been subject to extensive consultation with no objections having been received from statutory consultees, subject to appropriate conditions, and also complied with local and national planning policies. With regard to the previous consent, and the agreed Section 106, those had lapsed, and any new consent, and Section 106, would have to be considered in line with current legislation, be relevant, necessary, reasonable and in compliance with the CIL Regulations. In relation to the siting of the Affordable Housing element, that had been undertaken in consultation with a proposed social housing provider to site the development adjacent to its Cwrt Wooford estate for management reasons. He requested the Committee to approve the application, as recommended by the Head of Planning, on the basis it complied with existing planning policies.
The Senior Solicitor referred to the previous planning consent and confirmed that upon its lapse 2013, the Section 106 Agreement had also lapsed. As a result, any new application for the site’s development would have to be considered in light of existing national and local planning policies and the Welsh Government Inspector’s comments report.
The Head of Planning and the Senior Development Management Officer responded to the issues raised.
Having regard to the representations received views were expressed by the Committee that consideration of the application should be deferred to enable the Head of planning to have further discussions with the applicant on the level of community benefits to be provided, having regard to policy SP16 of the UDP, and also on the concerns raised on the separate accesses to the site and the lack of a link between the two elements being detrimental to residents, in particular for children having to walk along the public highway to Laugharne school.
RESOLVED that consideration of planning application W/35450 be deferred to enable the Head of Planning to have further discussions with the applicant on the issues raised above.