Agenda and minutes

Apologies for absence were received from Councillors J C Bayliss and P B Smith.

In accordance with the Code of Conduct adopted by the City & County of Swansea, the following interests were declared:

Councillors D W Cole, P Lloyd and T M White – Minute No.12 – Personal – Members of the Planning Committee.

To approve and sign as a correct record the minutes of the previous meeting.

RESOLVED that the minutes of the Development Cabinet Advisory Committee held on 16 September 2015 be approved and signed as a correct record.

Section 106 Agreements Audit – Action Plan.

The Planning Control Manager and Senior Planning Policy Officer provided an update report on the implementation of the recommendations of the Section 106 Agreements Audit – Action Plan. 

It was outlined that an audit of the Planning Control Section had been carried out in 2014/2015 to assess the procedures and controls associated with Section 106 Agreements (Planning Obligations) within the Authority. 

It was added that the mechanism for the receipt and payment of Section 106 contributions had been in place for many years and there was no evidence to indicate that this system had failed or that contributions had not been collected or spent in accordance with the terms of the relevant Agreements or otherwise accounted for.  Since May 2008, a total of 51 Section 106 Agreements had been signed, 29 of which involved financial contributions to the sum of £4,835,136.  To date, £2,877,558 had been paid to the Authority with £1,957,578 outstanding as trigger points had not been met or there were outstanding issues to be addressed.  A Central Housing Land Availability/Section 106 Database had been procured by Planning Services and had been populated with data relating to all Section 106 Agreements secured since May 2008.

Details were also provided in relation to the action plan agreed with the Internal Audit Section which was provided at Appendix A.  Reference was made to the Section 106 Register, case files, database records, financial contributions and trigger points, monitoring of Agreements, Completion Reports, IT controls and Community Infrastructure Levy.

The Committee asked a number of questions of the officers who responded accordingly.  Discussions centred on the following:

·                recognising trigger points for Section 106 Agreement;

·                providing Councillors with details of Section 106 Agreements in their wards once agreed by the Planning Committee;

·                the purpose of Section 106 Agreements was to make developments acceptable in accordance with Planning Regulations;

·                utilising Section 106 Agreement money

·                in which budget the 106 Agreement money was held prior to being spent and authorisation for spending.

·                The requirements for CIL.

·                Access to the HLA/S database

RESOLVED that the contents of the report be noted.

The Trading Standards Divisional Officer provided an update in relation to the work he had been undertaking on Public Space Protection Orders (PSPO) as part of the Anti-Social behaviour, Crime and Policing Act 2014.

He outlined that several “trial” areas had been identified where Anti-Social Behaviour problems had been encountered, including issues around Psychoactive Substances (commonly known as Legal Highs).    The Authority has been working closely with the Police in order to develop an audit trail of reported cases.  This was required to prevent organisations challenging the Authority in cases where they had issued PSPO’s.

The Committee discussed the following:

·                    The role of Councillors in acting as advocates for PSPO’s by encouraging the reporting of Anti-Social Behaviour by local residents / businesses;

·                    PCSO’s also gathering evidence and reporting where applicable;

·                    The selling of legal highs on the street.

RESOLVED that:

1)         The update be noted;

2)         Gareth Pritchard, Partnership Enforcement Officer be invited to the             next meeting to brief the Committee on the procedure for establishing          Public Space Protection Orders.

The Chair reported that there was currently no feedback available as the meeting had not taken place due to holidays and pre-arranged Committee meetings.  The meeting would take place within the next 2 weeks.

RESOLVED that feedback be provided at the next meeting.

Killay

The Chair reported that Killay District Shopping Centre is 5 km west of Swansea City Centre and is the smallest of all the District Centres in Swansea.  It has a frontage onto Gower Road as well as a number of units arranged around the Swan Court Precinct at its eastern end, which is the focus of the primary retail area.  The Precinct has a concentration of A1 shop units but also features non-retail uses including a bank, restaurant and pub.  There are two small supermarkets within the Centre, each being less than 1000 sqm gross floor area.  A1 shops also front Gower Road on its north side, but west of the supermarket these are noticeably less concentrated than the Swan Court Precinct.  Retailing along this frontage has been diluted by incremental use class changes.  Existing non-retail premises along the Gower Road frontage include a betting shop, salon, opticians, pub, offices and a residential property.

The total number of units / premises within the defined boundary is 45, which is less than the minimum number of 50 units normally expected for District Centres.  However there are a further 12 commercial units / facilities that lie within very close proximity, and it is on this basis that the critical mass is considered sufficient for Killay to warrant District Centre designation.  Those commercial units and services located outside the defined Centre.

Parking facilities are available on-street at marked bays on Gower Road (approx. 30 spaces).  In addition, an off-street car park comprising around 60 spaces is accessed via Cygnet Close.  Hourly bus services run on Gower Road which connects to the City Centre as well as surrounding residential areas at Upper Killay, Dunvant and Derwen Fawr.

The majority of premises were rented.  Most of the feedback was positive, however some commented on the need for cheaper business rates for new shops, more activities like Uplands Market to encourage shoppers and the possibility of a “face lift” eg replace paving slabs, however it was noted that part of the precinct was privately owned and not the responsibility of the Local Authority.

Sketty

Sketty District Centre is located approximately 2.5 km from the City Centre and is just over a kilometre west of the nearly Uplands District Centre.  Although not one of the largest in terms of unit numbers, it has a sprawling, fragmented layout that extends along a number of streets that interest with Gower Road, mainly Vivian Road, Dillwyn Road and Eversley Road.  There is also a scattering of shops near the junction of Vivian Road and Frogmore Avenue.

In total there are 74 premises within the defined Centre boundary.  A1 shops include 2 mini market convenience stores on Gower Road, each less than 1000m sqm gross floor area, which lie at the heart of the primary retail frontage.  The Centre features a range of other uses including A2 units (banks, estate agents, betting office), a number of A3 units, B1 offices and vehicle repairs (B2 use).

Sketty benefits from being located on a high frequency bus route that links to the City Centre and other areas.  A pay and display car park is located off Eversley Road, which provides around 40 spaces.  There are also limited on street parking facilities, the majority on Eversley Road.  Car parking regularly occurs at the bus lay by located on the south side.

Comments received from those questioned were that cheaper business rates would be advantageous.  The pavements required extensive repairs.  There were serious concerns that due to the pub closing down, the Eversley Road car park would be lost due to flats being built in its place.  Parking had already been highlighted as a concern with taxi’s from the local Taxi firm taking up many spaces.  The general feeling was that the area would benefit from a “face lift”.

The Chair went on to explain that a further visit would also be made to Morriston District Shopping Area in the next few weeks.

RESOLVED that the Committee scheduled for 18 November 2015 receive reports / presentations on the following issues:

·         Feedback on Ffynone & Uplands Conservation Area Review Task & Finish Group;

·         Further updates on Section 106 Agreements;

·         Presentation on the procedure for establishing Public Space Protection Orders.

A discussion ensued regarding the start time of meetings for the remainder of the municipal year.

RESOLVED that all future meetings of the Development Cabinet Advisory Committee for the 2015-2016 municipal year commence at 3 pm.