AGENDA

REGENERATION AND SUSTAINABLE DEVELOPMENT CABINET BOARD

Immediately Following Scrutiny Committee on FRIDAY, 7 DECEMBER 2018

COMMITTEE ROOMS A/B - CIVIC CENTRE

PART 1

1. Appointment of Chairperson

2. Declarations of Interest

3. Minutes of Previous Meeting (Pages 5 - 12)

4. Quarter 2 Key Performance Monitoring (Pages 13 - 26)

Joint Report of the Head of Planning and Public Protection, the Head of Property and Regeneration and the Head of Adult Services

5. Neath Local Development Plan (LDP) (Pages 27 - 100)

Report of the Head of Planning and Public Protection

6. Delivery of Community Benefits in Relation to the Strategic School Improvement Programme and the Welsh Government's 21st Century Schools initiative. (Pages 101 - 108)

Report of the Head of Property and Regeneration

7. Alleged Public Footpath from Clare Road to Alltygrug Road, Community of (Pages 109 - 126)

Report of the Head of Legal Services

8. Forward Work Programme 2018/19 (Pages 127 - 128)

9. Urgent Items Any urgent items (whether public or exempt) at the discretion of the Chairman pursuant to Statutory Instrument 2001 No 2290 (as amended).

10. Access to Meetings To resolve to exclude the public for the following items pursuant to Regulation 4(3) and (5) of Statutory Instrument 2001 No. 2290 and the relevant exempt paragraphs of Part 4 of Schedule 12A to the Local Government Act 1972.

PART 2

11. Port Talbot Periphal Distributor Road (PDR) (Exempt under Paragraph 14) (Pages 129 - 132)

Private Joint Report of the Head of Property and Regeneration and the Head of Engineering and Transport

12. Crown Foods, Carnaud Metal Box, Milland Road, Neath, SA11 1PQ (Exempt under Paragraph 14) (Pages 133 - 138)

Private Report of the Head of Property and Regeneration

13. Former Llansawel Primary, Vernon Place, , Neath (Exempt under Paragraph 14) (Pages 139 - 146)

Private Report of the Head of Property and Regeneration

S.Phillips Chief Executive

Civic Centre Port Talbot 30 November, 2018

Cabinet Board Members:

Councillors: D.W.Davies and A.Wingrave

Notes:

(1) If any Cabinet Board Member is unable to attend, any other Cabinet Member may substitute as a voting Member on the Committee. Members are asked to make these arrangements direct and then to advise Democratic Services staff.

(2) The views of the earlier Scrutiny Committee are to be taken into account in arriving at decisions (pre decision scrutiny process). The Chairperson and Vice Chairperson of the relevant Scrutiny Committee will be invited to be present at this meeting.

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EXECUTIVE DECISION RECORD

CABINET BOARD - 26 OCTOBER 2018

REGENERATION AND SUSTAINABLE DEVELOPMENT CABINET BOARD

Cabinet Board Members:

Councillors: D.W.Davies and A.Wingrave (Chairperson)

Vice Chair of Scrutiny:

Councillor: L.Jones

Officers in Attendance:

S.Brennan and T.Davies

1. APPOINTMENT OF CHAIRPERSON

Agreed that Councillor A.Wingrave be appointed Chairperson for the meeting.

2. MINUTES OF PREVIOUS MEETING

Agreed that the minutes of the meeting of 14 September, 2018 be noted by the Committee.

3. TAI TARIAN - LOCAL LETTING POLICIES

Cabinet Members took on board the views of the Scrutiny Committee, which had discussed the report in its meeting immediately prior to the Cabinet Board.

Cabinet Members felt that the report should be deferred at today’s meeting, to allow further information to be included as follows:

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 A screening assessment had been completed, with the outcome that no Equalities Impact Assessment (EIA) was necessary, but Members felt that an EIA should nonetheless be completed due to the vulnerable nature of homeless people (even though homelessness was not defined as a protected characteristic);

 Cabinet Members wanted additional legal information included within the report around the Authority’s statutory duty to homelessness. They also wanted figures included in the report relating to homeless and potentially homeless households within the Authority;

 Cabinet Members wanted the impact of the ‘Bush Row’ Local Letting Policy assessed in relation to the wider community (ie if the recommendation was approved, would the problems mentioned in the report be forced into other areas?);

 Members expressed concern about giving delegated powers to the Head of Commissioning, Support and Direct Services as they felt such policies should be brought for discussion and approval by the Cabinet Board.

Decision:

That the report be deferred until further information had been included in relation to the points identified above.

Reason for Decision:

Member’s required more information before making a decision on the recommendations contained within the report.

Implementation of Decision:

The decision will be implemented after the three day call in period.

4. LOCAL DEVELOPMENT PLAN (LDP) ANNUAL MONITORING REPORT

Decision:

That the findings, conclusions and recommendations of the Annual Monitoring Report, as detailed at Appendix 1 to the circulated report, be

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noted and the submission and publication procedures as set out in the report be implemented.

Reason for Decision:

To ensure compliance with the requirements of the Planning and Compulsory Purchase Act 2004 and Town and Country Planning (Local Development Plan) () (Amendment) Regulations 2015.

Implementation of Decision:

The decision will be implemented after the three day call in period.

5. FOOD AND FEED SERVICE DELIVERY PLAN 2018-2019 AND THE FOOD AND FEED LAW ENFORCEMENT REVIEW 2017-2018

Decision:

That the Food and Feed Service Delivery Plan 2018- 2019 and the Food and Feed Law Enforcement Review 2017-2018, be noted.

6. NEATH FOOD AND DRINK FESTIVAL

Decision:

That the report be noted.

7. FORWARD WORK PROGRAMME 2018/19

Decision:

That the Forward Work Programme be noted.

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8. URGENT ITEM

Because of the need to deal now with the matter contained in Minute No. 10 below, the Chairperson agreed that this could be raised at today’s meeting as an urgent item pursuant to Statutory Instrument 2001 No.2290 (as amended).

Reason: Due to the time element.

9. ACCESS TO MEETINGS

RESOLVED: That pursuant to Regulation 4(3) and (5) of Statutory Instrument 2001 No. 2290, the public be excluded for the following items of business which involved the likely disclosure of exempt information as defined in Paragraph 14 of Part 4 of Schedule 12A to the Local Government Act 1972.

10. REPAYMENT OF GRANT MONIES

Decision:

That the full amount of grant monies, as detailed in the private circulated urgent report, be waived, for the reasons given within the circulated report.

Reason for Decision:

To ensure the Authority exercises it discretion under the Housing Grants Construction and Regeneration Act 1996: Disabled Facilities Grant (Conditions relating to approval or payment of Grant) General Consent 2008.

Implementation of Decision:

The decision will be implemented after the three day call in period.

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11. PITCHES 4 AND 5 AT CWRT HERBERT,

Decision:

That the grant of a lease to the Trustees of Celtic Neath AFC in respect of the playing fields and recreation area known as pitches 4 and 5 at Cwrt Herbert, Neath Abbey, on the terms set out in the private circulated report, be approved.

Reason for Decision:

To allow the playing fields and recreation area to be used for the playing of senior football and associated training purposes by the club for the benefit of the local community.

Implementation of Decision:

The decision will be implemented after the three day call in period.

Consultation:

This item has been subject to external consultation.

12. CANOLFAN SHELTERED ACCOMMODATION, SEVEN SISTERS, NEATH

Decision:

That the recommended offer received from A W Properties for land formerly known as Canolfan Sheltered Accommodation, Seven Sisters, Neath, on the terms set out in the private, circulated report, be approved.

Reason for Decision:

To enable the sale of a surplus property and to obtain a capital receipt.

Implementation of Decision:

The decision will be implemented after the three day call in period.

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13. FORMER BRYNSIRIOL SENIOR CITIZENS' CENTRE, CYMMER, PORT TALBOT

Decision:

That the recommended offer for the former Brynsiriol Senior Citizens’ Centre, Cymmer, Port Talbot, as detailed in the private circulated report, be approved.

Reason for Decision:

To enable the disposal of a surplus property and obtain a capital receipt.

Implementation of Decision:

The decision will be implemented after the three day call in period.

Consultation:

This item has been subject to consultation with the Local Ward Member.

14. PROPERTY AND REGENERATION DELEGATED POWERS

Decision:

That the report be noted.

15. SALE OF FORMER YNYSMAERDY SCHOOL

Decision:

That Officers continue negotiations with Linc Cymru for the disposal of the former Ynysymaerdy School.

Reason for Decision:

To enable the sale of surplus land for an innovative housing development and to obtain a capital receipt.

Implementation of Decision:

The decision will be implemented after the three day call in period.

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Consultation:

This item has been subject to consultation with the Local Ward Member.

CHAIRPERSON

261018 Page 11 This page is intentionally left blank Agenda Item 4

NEATH PORT TALBOT COUNTY BOROUGH COUNCIL

REGENERATION AND SUSTAINABLE DEVELOPMENT CABINET BOARD

7 December, 2018

JOINT REPORT OF THE HEAD OF PLANNING AND PUBLIC PROTECTION – N.PEARCE THE HEAD OF PROPERTY AND REGENERATION – S. BRENNAN THE HEAD OF COMMISSIONING AND SUPPORT SERVICES – A THOMAS

Matter for: Monitoring

Wards Affected: All

Report Title

1 Key Performance Indicators 2018/2019 – Quarter 2 Performance (1st April 2018 – 30th September 2018)

Purpose of the Report

2 To report quarter 2 performance management data for the period 1st April 2018 to 30th September 2018 for Regeneration and Sustainable Development Cabinet Board. This will enable the Regeneration and Sustainable Development Cabinet Board and Scrutiny Members to discharge their functions in relation to performance management.

Executive Summary

3 A list of quarter 2 Key Performance Indicators (KPI’s) with progress comments on each indicator are attached as appendix 1, these do not include those KPI’s collected on an annual basis, and these will be reported in quarter 4. All KPI’s with a CP reference e.g. CP/042 are Corporate Plan Key Performance Indicators.

4 KPI’s that have improved on or achieved target are GREEN (green traffic light) status, KPI’s that have not achieved target but performance is within 5% are AMBER (amber traffic light) status and KPI’s that are 5% or more below target are RED (red traffic light) status. Page 13 5 Where available, appendix 1 provides performance data for quarter 2 performance for 2016/17 and 2017/18 (6 months data) plus current year 2018/19 (six months data), and a quarter 2 target (six months target) for 2018/19.

6 Appendix 2 provides quarter 2 information for Compliments and Complaints data, collected in line with the Council’s Comments, Compliments & Complaints Policy for Regeneration and Sustainable Development Cabinet Board purview.

7 Appendices 1 and 2 are new reports from the new Corporate Performance Management System (CPMS), which went live in August 2018.

Financial Impact

8 The performance described in the Report is being delivered against a challenging financial backdrop.

Equality Impact Assessment

9 This report is not subject to an Equality Impact Assessment.

Workforce Impacts

10 During 2017/18 the Environment Directorate saw a further downsizing of its workforce (by 17 employees) as it sought to deliver savings of £1,115k in the year.

Page 14 Legal Impacts

11 This Report is prepared under:

1) The Local Government (Wales) Measure 2009 and discharges the Council’s duties to “make arrangements to secure continuous improvement in the exercise of its functions”

2) Well-being of Future Generations (Wales) Act 2015

3) The County Borough Council Constitution requires each cabinet committee to monitor quarterly budgets and performance in securing continuous improvement of all the functions within its purview.

Risk Management 12 Failure to produce a compliant report within the timescales can lead to non-compliance with our Constitution. Also, failure to have robust performance monitoring arrangements could result in poor performance going undetected.

Consultation

13 There is no requirement under the Constitution for external consultation on this item.

Recommendation

14 For Members to monitor performance contained within this report.

Reasons for Proposed Decision

15 Matter for monitoring. No decision required.

Implementation of Decision

16 Matter for monitoring. No decision required.

Appendices

17 Appendix 1 – Key Performance Indicators 2018/2019 – Quarter 2 Performance (1st April 2018 – 30th September 2018)

18 Appendix 2 – Compliments and Complaints information – Quarter 2 2018/2019 Page 15

Officer Contact

19 Joy Smith, Road Safety and Business Performance Manager. Telephone: 01639 686581. E-Mail: [email protected]

Page 16 Page 17 Page Performance Indicators Neath Port Talbot Council

Appendix 1 - Regeneration and Sustainable Development Cabinet Board - Key Performance Indicators - Quarter 2 -2018/19

Print Date: 16-Nov-2018 Neath Port Talbot Council Date From: 01-Apr-2018 Date To: 30-Sep-2018

How will we know we are making a difference (01/04/2018 to 30/09/2018)? PI Title Actual Actual Actual Target Perf. RAG 16/17 17/18 18/19 18/19 Organisation CP/021 - Number of new business start-up enquiries assisted 173.00 119.00 152.00 180.00

Red There continues to be a steady flow of requests for business start-up information, advice and support. It is anticipated that targets set for this financial year will be achieved. CP/022 - Number of enterprise events held 6.00 6.00

Green New indicator, no comparable data. Six Enterprise Club events have been held to date. These events provide local residents with free support and advice on setting up and running a small business. This activity is on track to deliver targets set for the year. CP/023 - Workways + - Number of local people in training, volunteering or employment 47.00 23.00

Page 18 Page Green New indicator, no comparable data. The EU funded Workways+ project which provides training, paid work experience opportunities and support to economically inactive and long-term unemployed people to help them take their first steps to re-engage or enter into the labour market, is exceeding its targets and outputs. CP/026 - Number of local people helped to get back to work through regeneration projects 66.00 37.00

Green New indicator, no comparable data. The inclusion of Community Benefit clauses into our corporate infrastructure projects, including the 21st Century Schools programme, is helping to support local people to get back into work CP/027 - Number of completed training weeks for apprenticeship, traineeships and work experience 837.00 2000.00

Red New indicator, no comparable data. As part of our corporate commitment to ensuring that infrastructure projects within Neath Port Talbot contribute to the social, economic and environmental well-being of the wider community through the use of Community Benefits, we continue to work with contractors to encourage more apprenticeships, traineeships and work experience opportunities. This output is anticipated to increase as the year progresses as further projects are completed. CP/032 - PAM/015 - Average calendar days taken to deliver a Disabled Facilities Grant 222.00 230.59 256.01 230.00

Red The average number of days to deliver Disabled Facilities Grants has increased. The reason for this is twofold. Firstly there is a continuing increase in the demand for more complex adaptations. Secondly the waiting time for adaptations is increasing as a result of the need to manage the budget against the changing nature of the demand. CP/042 - PAM 023 - Percentage of food establishments that meet food hygiene standards 92.84 94.99 94.88 95.00

Amber

Page 2 of 7 Neath Port Talbot Council Date From: 01-Apr-2018 Date To: 30-Sep-2018 PI Title Actual Actual Actual Target Perf. RAG 16/17 17/18 18/19 18/19 1,187 of 1,251 food establishments met the food hygiene standards this quarter. Target will be achieved by the end of the year.

CP/043 - The percentage of detected breaches in animal health, feed and food standards that have been rectified 43.33 80.00

Red New Indicator - no comparable data. 13 of 30 detected breaches were rectified. The larger proportion of investigations are ongoing. The ratio has improved on the last quarter following the rectification of some breaches. CP/044 - Number of breaches in consumer fraud investigations successfully concluded 6.00

New Indicator - no comparable data or target. So far this year there have been 15 consumer fraud complaints investigated of which 6 have been concluded, the remaining 9 are currently undergoing investigation and will be reported upon when they are concluded. CP/045 - Average value of consumer fraud investigations concluded (£) 91.67

Page 19 Page New Indicator - no comparable data or target. So far this year there have been 15 consumer fraud complaints investigated of which 6 have been concluded. Of those concluded, the total worth is £550, an average of £91.67 per fraud. CP/057 - Number of visitors to our town centres 1163044.00

New indicator - no comparable data or target. Updated figures to include Neath Food & Drink Festival. Footfall figures provided by Neath BID (Business Improvement District) CP/058 - Number of established and new events e.g. the Neath Food and Drink Festival 1.00

New indicator. No comparable data or target. CP/059 - Develop quality manufacturing, R&D and office space - a) Vacancy Rates 0.00

New indicator. - no comparable data or target. Several projects programmed for later in 2018/19 CP/060 - Develop quality manufacturing, R&D and office space - b) Square footage 0.00

New indicator. - no comparable data or target. Several projects programmed for later in 2018/19 CP/061 - Develop quality manufacturing, R&D and office space - c) Back to use 0.00

Page 3 of 7 Neath Port Talbot Council Date From: 01-Apr-2018 Date To: 30-Sep-2018 PI Title Actual Actual Actual Target Perf. RAG 16/17 17/18 18/19 18/19 New indicator. - no comparable data or target. Several projects programmed for later in 2018/19 CP/062 - Number of business enquires assisted resulting in advice, information or financial support being given to 225.00 256.00 302.00 320.00 existing companies through Business Services Red The team continue to deal with a variety of requests for support from local businesses, such as availability of property, funding, training support, etc. We anticipate that this will continue throughout the year with targets set being achieved. CP/063 - The number of jobs created/safeguarded as a result of financial support by the local authority 119.00 21.00 75.00 145.00

Red Funding applications are progressing well, and once completed, outputs will steadily increase. It is anticipated that the target set for this financial year will be met. CP/064 - Number of investment enquiries 35.00 18.00

Green New indicator, no comparable data. The first two quarter of the year have been particularly busy in terms of dealing with enquiries from new investors and business expansions. If this Page 20 Page level of demand continues, it is anticipated that targets set for the year will be well exceeded. CP/071 - Number of visitors to attractions (to be reported using visitor counters throughout the County Borough) 0.00

New Indicator - no comparable data or target. The visitor figures sourced from visitor counters throughout the County are available on a six monthly basis, the half year figures will be reported in January 2019. CP/075 - Number of tourism operators supported by the Council 14.00 7.00

Green New indicator - no comparable data. The new Tourism Team was established in August2018 and this has generated additional enquiries from tourism businesses looking to invest.

CP/076 - Number of Destination Management Plan actions delivered 15.00 6.00

Green Reported quarterly with effect from 2018/2019. The RDP funded Tourism Development in Neath Port Talbot Project continues to deliver actions with tourism stakeholders. The new Tourism Team, which was re-established in August 2018, has also delivered against this target. CP/077 - Number of biodiversity rich areas protected and/or enhanced 43.00 48.00

Red

Page 4 of 7 Neath Port Talbot Council Date From: 01-Apr-2018 Date To: 30-Sep-2018 PI Title Actual Actual Actual Target Perf. RAG 16/17 17/18 18/19 18/19 Reported quarterly with effect from 2018/2019. The figure is based on the current list of nature conservation sites, which includes Local Nature Reserves, 'Working with Nature' sites and areas that have previously been managed as part of the conservation verge/area scheme. Following a review, a number of sites have been removed, hence a reduction from the 2017/18 figure (46 in quarter 4 , 2017-18). CP/078 - Number of PM10 breaches in the Air Quality Management Area (Port Talbot / Taibach) 11.00 18.00

Green Reported quarterly with effect from 2018/2019. Breaches are measured from the FDMS monitor at Port Talbot Fire Station, which is the official monitoring station for reporting on the air quality objective. CP/079 - Percentage of Private Water Supplies operating in accordance with drinking water requirements 0.00 50.00

Red New indicator - no comparable data . There are 4 private water supplies requiring a risk assessment this financial year which are planned to start in the next quarter. CP/080 - Number of improvement projects carried out in the Public Rights of way network 0.00 0.00

Green Page 21 Page New indicator, no comparable data. Spring/Summer is generally the season where clearance/cutting back of overgrown vegetation occurs along the Public Rights of Way network, with project improvement works completed during Autumn and Winter. CP/081 - Number of accessible routes increases (by Kilometres) in accordance with the Existing Route Map and 0.00 0.00 Integrated Network Map - Pedestrian routes Green Reported quarterly with effect from 2018/2019. Target for 2018/19 to increase by 2 KM by March 2019. Accessible routes in KM as at 30th September 2018 are 47.14 KM.The allocation of WG funding for the 2018/19 financial year is restricted to pre-works activities in relation to the development of cycle routes identified on the INM, including: feasibility studies/option development; scheme design; land purchase; consultation / engagement. Alternative funding opportunities to deliver improvements on the ground will however continue to be sought. CP/082 - Number of accessible routes increases (by Kilometres) in accordance with the Existing Route Map and 0.00 0.00 Integrated Network Map - Cycle routes Green Reported quarterly with effect from 2018/2019. Target for 2018/19 to increase by 2 KM by March 2019. Accessible routes in KM as at 30th September 2018 are 36.4 KM The allocation of WG funding for the 2018/19 financial year is restricted to pre-works activities in relation to the development of cycle routes identified on the INM, including: feasibility studies/option development; scheme design; land purchase; consultation / engagement. Alternative funding opportunities to deliver improvements on the ground will however continue to be sought. PI/279 - PAM/018 - Percentage of all planning applications determined in time 97.25 96.40 95.00

Green 375 of 389 planning applications were determined in time, which is an excellent performance which maintains the Authority's performance in the top 5 Authorities in Wales. PI/280 - PAM/019 - Percentage of planning appeals dismissed 63.64 66.67 63.00

Green

Page 5 of 7 Neath Port Talbot Council Date From: 01-Apr-2018 Date To: 30-Sep-2018 PI Title Actual Actual Actual Target Perf. RAG 16/17 17/18 18/19 18/19 Out of the 6 appeals determined, 4 were dismissed, which maintains performance at a level relative to the Welsh average. PI/366 - PLA/M002 - Average time taken from receipt of application to date decision is issued - days 85.52 88.75 83.60 90.00

Green Based on the 389 determined applications, it took an average of 83.6 days for applicants to gain a decision from receipt (not registration). This is considered to be a good performance given that it includes all applications (inc. majors), and it is notable that the average determination time for the last three months from registration to decision is 49 days. PI/367 - PPN/001ii - Percentage of high risk businesses that were liable to a programmed inspection that were 47.03 43.93 46.57 50.00 inspected for Food Hygiene Red 156 of 335 high risk businesses were liable to a programmed inspection, that were inspected for Food Hygiene. The target will be achieved by the end of the year. PI/368 - PPN/001iii - Percentage of high risk businesses that were liable to a programmed inspection that were 66.67 33.33 33.33 50.00 inspected for Animal Health Red

Page 22 Page 2 of 6 premises identified as high risk have been visited. The two sites that have been visited have been identified as most crucial to visit this year and there is a plan in place to ensure this target is met by the end of the financial year PI/370 - BCT/007 – The percentage of ‘full plan’ applications approved first time. 95.12 97.44 100.00 95.00

Green 86 of 86 ‘full plan’ applications were approved first time. Maximum Performance PI/371 - BCT/004 – Percentage of Building Control ‘full plan’ applications checked within 15 working days during the 93.90 98.72 97.67 95.00 year. Green 84 of 86 of Building Control ‘full plan’ applications checked. 2 Applications missed target due to unexpected staffing issues. No legal deadlines missed. PI/372 - PLA/004d - The percentage of all other planning applications determined during the year within 8 weeks 74.83 82.64 85.50 81.00

Green 112 of 131 'other' applications were determined inside 8 weeks, which is an excellent performance. PI/373 - PLA/M004 - The percentage of major planning applications determined during the year within 8 weeks 14.29 50.00 33.33 40.00

Red Of the three major applications determined, only one was inside 8 weeks, which reflects the complexities in dealing with such applications. It is also notable that it is common for such applications to be determined in a longer period of time, agreed in writing with the applicant.

Page 6 of 7 Neath Port Talbot Council Date From: 01-Apr-2018 Date To: 30-Sep-2018 PI Title Actual Actual Actual Target Perf. RAG 16/17 17/18 18/19 18/19 PI/374 - PLA/004c - The percentage of householder planning applications determined during the year within 8 weeks 94.16 97.50 98.73 97.00

Green 156 of 158 'householder' applications were determined inside 8 weeks, which is an excellent performance. PI/375 - PLA/004b - The percentage of minor planning applications determined during the year within 8 weeks 57.69 79.20 79.38 80.00

Amber 77 of 97 'minor' applications were determined inside 8 weeks, which is considered to be a very good performance. PI/376 - PLA/002 - The percentage of applications for development determined during the year that were approved 96.57 94.74 96.92 95.00

Green 377 of 389 applications were approved, indicating that wherever possible the Authority continues to seek to 'approve acceptable development quickly'. PI/378 - PPN/001i - Percentage of high risk businesses that were liable to a programmed inspection that were 56.76 66.67 25.00 50.00 inspected for Trading Standards

Page 23 Page Red

10 of 20 high risk businesses were liable to a programmed inspection for Trading Standards by the end of the 2nd quarter. Only 5 were inspected, this is lower than planned, as the department has had to undertake a number of investigations which has required officers attention. As investigations are completed, resources are freed up to complete inspections. It is expected that this target will be met by year's end. PI/380 - PLA/M001 – Average time taken from receipt of application to validation of application – days. 15.76 18.13 14.37 15.00

Green The 389 applications determined took on average 14.37 days from receipt to be validated. This figure generally reflects the 14 days applicants are allowed following receipt of an invalid notice to address deficiencies in their application.

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Appendix 2 - Regeneration and Sustainable Development - Compliments and Complaints - Quarter 2 - 2018/19

Print Date: 16-Nov-2018 Neath Port Talbot Council Date From: 01-Apr-2018 Date To: 30-Sep-2018

How will we know we are making a difference (01/04/2018 to 30/09/2018)? PI Title Actual Actual Actual Target Perf. RAG 16/17 17/18 18/19 18/19 Organisation PI/268 - Regeneration and Sustainable Development - % of complaints at Stage 1 that were upheld/partially upheld 33.33 0.00 0.00

30-Oct-18: 0 of 6 Stage 1 complaints were upheld for this quarter compared to 0 of 4 Stage 1 complaints recorded the same quarter last year PI/269 - Regeneration and Sustainable Development - % of complaints at Stage 2 that were upheld/partially upheld 0.00 0.00 0.00

30-Oct-18: 0 of 8 Stage 2 complaints were upheld this quarter compared to 0 complaints upheld the same quarter last year. PI/270 - Regeneration and Sustainable Development - % of complaints dealt with by the Public Services Ombudsman 0.00 0.00 that were upheld/partially upheld

Page 26 Page No Ombudsman investigations have been undertaken in quarter 2. One was undertaken in the same quarter last year, which was not upheld PI/271 - Regeneration and sustainable development - number of compliments received from the public 4.00 6.00 2.00

The number of compliments received in this quarter is lower than for the same period last year

Page 2 of 2 Agenda Item 5

NEATH PORT TALBOT COUNTY BOROUGH COUNCIL

Regeneration and Sustainable Development Cabinet Board 7th December 2018

Report of the Head of Planning and Public Protection Nicola Pearce

Matter for Decision

Wards Affected: All

Neath Port Talbot Local Development Plan (LDP) – Consideration of: the Historic Environment Consultation Draft Supplementary Planning Guidance (SPG) and the publication / consultation procedures to be implemented.

Purpose of the Report

1 To consider and agree the Consultation Draft Historic Environment SPG and the publication / consultation procedures to be implemented.

Executive Summary

2 The draft Historic Environment SPG supplements LDP Strategic Policy SP21 (Built Environment and Historic Heritage) and detailed policies BE2 (Buildings of Local Importance) and BE3 (The Canal Network). The document provides information and guidance setting out the expectations on all development proposals to conserve and where appropriate enhance the built environment and historic heritage within the County Borough.

3 The report seeks endorsement of the consultation draft SPG and the approval of the consultation arrangements.

Background

4 The Council, at its meeting on the 27th January 2016, adopted the Local Development Plan (LDP) which now provides the basis for decisions on land use planning in the County Borough up to 2026. The preparation of the LDP was the subject of full statutory procedures.

Page 27

5 Whilst the LDP contains sufficient information and policies to provide the basis for the determination of planning applications through the development management process, opportunities have been identified throughout the Plan for further detailed guidance to be provided on particular issues.

6 Selective use of SPG is a means of setting out more detailed topic or site specific guidance on the way in which the policies of the LDP will be applied in particular circumstances or areas. While only policies in the LDP have special status in the determination of planning applications, SPG may be taken into account as a material consideration in the decision making process.

7 SPG must be consistent with the parent LDP policy and should be subject to wider consultation with the public and stakeholders.

The Historic Environment SPG

8 The Historic Environment Consultation Draft SPG is presented in full in Appendix 1. The SPG supplements LDP Strategic Policy SP21 (Built Environment and Historic Heritage) and detailed policies BE2 (Buildings of Local Importance) and BE3 (The Canal Network).

9 The strategy seeks to conserve and where appropriate enhance the County Borough’s built environment and historic heritage.

10 The document outlines the planning policy protections that are in place to safeguard and conserve as far as possible the historic assets of the County Borough; provides advice about the requirements that will need to be met where development is proposed that could affect any type of historic asset; and outlines the approach that will be taken when such proposals are considered.

Schedules of Buildings of Local Importance & Canal Structures

11 The draft SPG incorporates a schedule of buildings of local importance, comprising a total of 224 buildings/structures (Appendix A). Full details of each including location map, description, photograph and the justification for inclusion is presented in a supporting background document.

Page 28 12 In addition, the draft SPG also incorporates a schedule of 36 structures of interest identified along the canal network (Appendix B). Full details of each structure is provided in a separate supporting background document, along with those structures along the canal network that are ‘listed’ or ‘scheduled’.

13 During the process of compiling the schedule, local Members and the owners of the buildings were consulted as far as practicable and invited to comment. A variety of responses were received, some of which were supportive while others expressed concern about the implications of the inclusion on the schedule. In some cases, information was provided which resulted in the buildings being removed from the schedule, while in other cases it was considered that despite the concerns raised, a full case for removal had not been submitted.

14 In order to allow full and equitable consideration of comments from owners (and taking into account guidance issued by Cadw), those who had expressed concern were invited to submit a formal request for a review of the inclusion of their building giving reasons why the building is not considered to meet the selection criteria and/or identifying where there are existing valid extant consents for the demolition or significant alteration of the building.

15 Members should note that these review submissions will continue to be assessed in parallel with the wider public consultation exercise referred to below.

Consultation and Publication Procedures

16 The formal SPG consultation period will run for 6 weeks commencing in January. Representations received as a result of consultation will again be considered by this Cabinet Board, together with any amendments needed to the document prior to final publication.

17 In order to raise awareness and facilitate a public / stakeholder consultation, the following will be undertaken:

• The Council’s website will provide all relevant information and documentation; • A notification letter will be sent to relevant stakeholders / organisations listed on the LDP database (i.e. reflecting those organisations that would have an interest); • Press releases will be issued (including use of social media); and

Page 29 • A Public Notice will be placed in the South Wales Evening Post.

18 In accordance with the Council’s Welsh Language Standards Policy all publicity / communication will be bilingual and the Consultation Draft SPG will also be made available in Welsh.

19 The Consultation Draft SPG will be available for purchase at a reasonable charge. In common with previous practice, it is suggested that the price be based on the cost of printing together with post and package at the prevailing cost. Electronic copies will be made available at no cost.

Financial Impact

20 The decisions will incur expenditure in relation to the publication and consultation procedures. These costs will be accommodated within existing budgets.

Strategic Environmental Assessment (SEA)

21 Even though SPG is non-statutory and does not require a Sustainability Appraisal (SA), the SEA Regulations may apply to certain types of SPG. A Screening Exercise has been carried out which concluded that the SPG would not result in significant environmental effects and would not therefore trigger the need for assessment.

Equality Impact Assessment

22 In order to assist the Council in discharging its Public Sector Equality Duty under the Equality Act 2010, an Equality Impact Assessment (EIA) Screening Exercise has been carried out.

23 The LDP was subjected to a Sustainability Appraisal (SA) process which included an assessment of the LDP policies and proposals on equalities (including sex, age, race and disability issues). These aspects have therefore been assessed alongside all the other sustainability and environmental issues, enabling the effects of the Plan to be fully assessed.

24 Given that the SA of the LDP incorporated an EIA, and the fact that the SPG only provides guidance on the implementation of LDP policy, the Screening Exercise concluded that there is no requirement to carry out an additional separate exercise.

Page 30 Workforce Impacts

25 There are no workforce impacts in respect of this report.

Legal Impacts

26 There are no legal impacts in respect of this report.

Risk Management

27 There are no significant risks associated with this report.

Recommendation

28 That having considered the report, it is resolved to make the following recommendations for approval:

1. The Historic Environment SPG as set out in Appendix 1 is agreed as forming the basis for consultation.

2. The publication and consultation procedures as set out in the report are implemented.

Reasons for Proposed Decision

29 The recommendations are needed to:

1. Ensure that clear guidance is issued by the Council in respect of the Historic Environment.

2. Ensure that a consultation exercise is undertaken so that the guidance carries full weight when planning applications and/or appeals are considered.

Implementation of Decision

30 The decision is proposed for implementation after the three day call in period.

Appendices

31 Appendix 1 – The Historic Environment SPG Consultation Draft (January 2019).

Page 31 List of Background Papers

Legislation and Regulations:

32 Planning and Compulsory Purchase Act 2004. 33 Well-Being of Future Generations (Wales) Act 2015. 34 Historic Environment (Wales) Act 2016 35 The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015. 36 The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004.

Planning Policy / Guidance:

37 Neath Port Talbot CBC Local Development Plan (2011-2026) (Jan’16). 38 Planning Policy Wales Edition 9 (2016). 39 Technical Advice Notes (TANs). 40 Cadw Guidance.

Officer Contact

41 Ceri Morris – Planning Policy Manager [Tel: 01639 686320 / E-mail: [email protected]

Page 32

APPENDIX 1

The Historic Environment SPG Consultation Draft (January 2019)

Page 33 -

The Historic Environment Supplementary Planning Guidance (Consultation Draft - January 2019)

www.npt.gov.uk/ldp Page 34

Page 35 Contents

Note to Reader 1 1 Introduction 3 2 Historic Context 5 3 Policy Context 9 3.1 National Policy 9 3.2 Local Policy 12

The Conservation of the Historic Environment

4 The Conservation of the Historic Environment 15 4.1 Scheduled Monuments 15 4.2 Listed Buildings 15 4.3 Conservation Areas 16 4.4 Registered Historic Assets 21 4.4.1 The Register of Historic Parks and Gardens in Wales 21 4.4.2 The Register of Historic Landscapes in Wales 25 4.5 Buildings and Historic Assets of Local Importance 29 4.6 Neath Port Talbot Canal Network 33 Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

Appendices

A Schedule of Buildings of Local Importance 39 B Canals BLI List 55 B.1 Swansea Canal 55 B.2 Tennant Canal 56 B.3 Neath Canal 56 C Procedure for Identifying BLIs 59

Page 36 Contents upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary

Page 37 Note to Reader

Note to Reader

This note explains the purpose of the Supplementary Planning Guidance (SPG) and how to comment on the document. This note will not form part of the final published SPG.

The Purpose of the Document

The Council, at its meeting on the 27th January 2016, adopted the Local Development Plan (LDP) which now provides the basis for decisions on land use planning in the County Borough up to 2026.

Whilst the LDP contains sufficient information and policies to provide the basis for the determination of planning applications through the development management process, opportunities have been identified throughout the Plan for further detailed guidance to be provided on particular issues.

Selective use of SPG is a means of setting out more detailed topic or site specific guidance on the way in which the policies of the LDP will be applied in particular circumstances or areas. While only policies in the LDP have special status in the determination of planning applications, SPG may be taken into account as a material consideration in the decision making process.

SPG must be consistent with the parent LDP policy and should be subject to wider consultation with the public and stakeholders.

The Historic Environment SPG

The Historic Environment SPG supplements LDP Strategic Policy SP21 (The Historic Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) Environment), Policy BE2 (Buildings of Local Importance) and Policy BE3 (The Canal Network).

The document outlines the planning policy protections that are in place to safeguard and conserve as far as possible the historic assets of the County Borough; provides advice about the requirements that will need to be met where development is proposed that could affect any type of historic asset; and outlines the approach that will be taken when such proposals are considered.

Appendix A of the SPG presents a 'Schedule of Buildings of Local Importance' (BLIs) and Appendix B presents a 'Schedule of Designated Canal Structures'. Currently comprising an overall total of 260 locally designated buildings/structures, this inventory will subsequently be adopted by the Council as part of the adoption of this SPG.

The Consultation / How to Make Comments 1

The consultation period will run for 6 weeks, starting midday on Wednesday 9th January and ending at midday on Wednesday 20th February 2019.

Comments can be submitted: Page 38 Note to Reader upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Directly Online at: www.npt.gov.uk/ldp/consultation

Alternatively:

By E-mail to: [email protected]

By Post to:

Nicola Pearce Head of Planning and Public Protection, Neath Port Talbot County Borough Council, The Quays, Brunel Way, Baglan Energy Park, Neath, SA11 2GG.

Comments via e-mail or post will need to be submitted using the 'SPG Representation Form'. Copies of the form are available on request or an editable version is available to download from the Council's website: www.npt.gov.uk/ldp

The deadline for comments is midday on Wednesday 20th February. Comments received after the deadline will not be accepted.

This SPG is also available in Welsh, either to download or by request. Should you need this document in another format, then please contact the LDP team at [email protected] or [01639] 686821.

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Page 39 1 . Introduction

1 Introduction

1.0.1 This Supplementary Planning Guidance (SPG) gives an overview of the historic environment of Neath Port Talbot and outlines the planning policy protections that are in place to safeguard and conserve as far as possible the historic assets of the County Borough.

1.0.2 Statutory protection has been afforded to the most significant buildings and structures for many years through the scheduling of important ancient monuments and the listing of buildings of special architectural or historic interest. In addition, specific areas or neighbourhoods are designated as Conservation Areas, and Registers of Historic Parks and Gardens and Historic Landscapes have been compiled.

1.0.3 The Neath Port Talbot Local Development Plan (LDP) adopted in January 2016 adds an additional local designation to these provisions by including a policy affording protection to 'Buildings of Local Importance' (Policy BE2). This allows buildings or structures that have architectural, historic or local community significance (but have not met the criteria for formal listing or scheduling) to be identified and included on a local list for protection under local planning policy.

1.0.4 This document gives advice about the requirements that will need to be met if developments are proposed which could affect any type of historic asset and outlines the approach that will be taken when such proposals are considered. Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

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Page 41 2 . Historic Context

2 Historic Context

Origins and Growth of the Area

Prehistoric

2.0.1 The Swansea, Neath and Afan valleys were carved out of the landscape largely as a result of glaciation during the last ice age: at its furthest extent the ice sheet spread as far as the Bristol Channel. Some evidence of human activity has been found in the region dating from soon after the retreat of the ice some 10,000 years ago, but the first known traces of human activity within the boundaries of Neath Port Talbot date from neolithic times.

2.0.2 A significant number of prehistoric sites exist within Neath Port Talbot including Neolithic chambered tombs, Bronze Age cairns, barrows and standing stones and Iron Age hill forts. Known monuments from these periods are often identified and protected as scheduled monuments, but many other sites are likely to exist but remain currently unknown. Within Neath Port Talbot, many of the known features from prehistoric times are to be found on higher ground: on hilltops and moorland and along ridgeways. However, this may be due to evidence of populations on lower lying and coastal areas being obscured by more recent development and sea level rise.

Roman

2.0.3 When the Romans first arrived in south Wales (around 52-57 AD), the area is thought to have been a frontier area lying between the territories of the Silures and Demetae Iron Age tribes. This may be reflected in the pattern of development, with three large

Roman marching encampments (temporary forts) being established in the area, followed Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) by major forts at Neath and Coelbren probably with significant associated civilian settlements. The main Roman road through south Wales (Via Julia Maritima) followed a route broadly similar to the present day A48, with the Roman road of Sarn Helen linking coastal areas with other Roman centres inland including at Brecon.

Medieval

2.0.4 In the early medieval period, Roman and pre-Roman communication links would have remained important and it is likely that Abbey, Neath Abbey and St. Baglans were all ecclesiastical centres prior to the foundation of the later monasteries/churches. The Norman influence reached Morgannwg () in about 1093, which was followed by new land ownership patterns and the foundation of the boroughs of Neath, Aberafan and Kenfig. Within the County Borough, Neath is the most notable settlement having clear medieval or pre-medieval origins, with some significant extant remains (in particular the 5 castle and St. Thomas' Church) together with the central street plan, town bridge and overall character reflecting its history. There is little evidence remaining of the medieval origins of central Port Talbot (Aberafan) (the site of a castle and settlement at the crossing point of the ).

Page 42 2 . Historic Context

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 2.0.5 The monasteries were of significant importance at this time: Neath Abbey controlled and managed a large area of land to the west of the , with the resulting clearance of woodland and organisation of agriculture via a system of monastic granges. Margam Abbey was similar, but involved a greater investment in drainage and land improvement resulting in a clearly different landscape character and settlement pattern, visible to this day.

2.0.6 Overall, the medieval landscape pattern in the area was not characterised by nucleated villages with open field systems as in much of England and parts of Wales but was 'woodland pasture' comprising enclosed pasture/arable fields and woodlands with highly dispersed settlements. The upland areas show a relatively even distribution of house platforms and long houses complemented by open upland ridges used for common pasture. This contrasts with the nucleated boroughs of Neath and Aberafan which were created by the Norman lords.

Post Medieval and Modern

2.0.7 The dissolution of the monasteries in the 16th Century led ultimately to a transfer of landholdings from the church to the local aristocracy, following which many landed estates remained in the same families until modern times. The pattern of industrialisation was influenced by these estates, including copper and iron at Neath Abbey and lead and copper industries at the Gnoll/Melincryddan.

2.0.8 These early industrial developments were then affected by changes in sources of materials and motive power (including the importing of materials from elsewhere by sea and the move from water power to steam and the use of coal). This resulted in a general move of industry from locations near water power (such as in the valleys) to more accessible coastal sites (e.g. Briton Ferry ironworks 1860).

2.0.9 The introduction of improved transport systems, initially canals in the Neath and Swansea valleys in the 1790s and later tramways and railways, opened up the valleys to development to exploit the coal resources, resulting in new settlements (, Ystalyfera, and the villages of the Afan Valley in particular). Other industries were locating at Briton Ferry and Port Talbot close to port facilities vital for coal exports and the iron and steel industry.

2.0.10 Further into the 20th century new industries (including petro-chemical installations at Baglan and Llandarcy and the establishment of manufacturing such as that associated with the motor industry at and Fabian Way) brought new development and associated housing as more traditional industries declined. The newer industries of the 20th century have now declined in their turn, to be replaced by service industries and high 6 tech manufacturing linked to the universities and new forms of energy generation. Patterns of Settlement

2.0.11 Until the beginning of the 19th Century, there were very few settlements of any size in the NPT area, apart from Neath, Aberafan and a few old established villages such as . The modern settlement pattern in the area has grown as a response to the Page 43 2 . Historic Context

requirements of the various industries that sprang up through the 19th and 20th centuries, starting with the copper and coal industries at Neath, Neath Abbey and Briton Ferry and later following the growth of the coal industry in the valley areas.

2.0.12 The historic development of the network of communications is the other key factor influencing the settlement pattern of the area. The town of Neath is sited at a key strategic location at the historic lowest crossing point of the river Neath, with Aberafan at the equivalent location on the River Afan, and development has spread along the main transport routes, linking important industrial sites as these grew. This has resulted in areas of linear urban development linking older established settlements along the coastal belt, with smaller, more separated valleys settlements in locations that met the requirements of industry (mainly coal mining).

2.0.13 In terms of the historic legacy, this has resulted in conglomerations of urbanised areas along the coastal belt and main east-west transport routes, effectively linking the eastern side of Swansea with the wider Neath and Port Talbot settlements with continuous linear development. Within this are older areas and centres associated with various phases of industrial development and (in a few cases) pre-industrial settlement. In valleys areas there are also some linear patterns of development (for example in the Swansea Valley) but with a general tendancy towards more stand alone separate settlement clusters (for example Resolven or ).

Local Building Traditions

2.0.14 Local styles and traditions of building tend to reflect the history of settlement development in the area, from traditional Welsh farmsteads (with their longhouses and traditional stone barns), characteristc terraces of stone and slate houses associated mainly with the growth of the coal industry in the valleys, and extensive housing estates to Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) accommodate workers in the steel and petro-chemical industries of the 20th Century.

Social History

2.0.15 In common with most parts of Wales, religious nonconformity was a significant influence across the area from the 18th to the 20th centuries. Nonconformist denominations, including the Calvinist, Baptist and Wesleyan movements, grew alongside the expanding industries leaving a significant legacy of chapel buildings throughout the area, ranging from simple early meeting houses to increasingly grandiose structures of the late 19th and early 20th centuries.

2.0.16 One of the oldest established secular traditions in the area is the Neath September Fair which can trace its origins back over 700 years to an original Charter granted in 1280 and can therefore claim to be the oldest fair in Wales and one of the oldest in the UK. 7 2.0.17 Local artistic associations include the area's popularity with a significant number of notable artists in the late 18th and early 19th Century. The scenic beauty including mountains and waterfalls, combined with picturesque ruined abbeys, castles and churches feature in notable works from the period include paintings by Thomas Horner (1785-1844), William Weston Young (1776-1847) and J.M.W Turner (1775-1851) which capture the pre-industrial character of the area andPage the beginnings 44 of industrialisation. 2 . Historic Context

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 2.0.18 Famous names with associations or connections with the Neath Port Talbot area include Lord Nelson (said to have stayed at the Castle Hotel Neath on more than one occasion) the engineer Isambard Kingdom Brunel (construction of number of railways and Briton Ferry dock) and Alfred Russell Wallace (naturalist and associate of Charles Darwin).

2.0.19 In more recent times a number of names famous in the sporting and entertainment worlds have connections in the area, including film stars Richard Burton, Anthony Hopkins and Michael Sheen, all from Port Talbot. Neath in particular has strong sporting associations, with the Welsh Rugby Union being founded in the Castle Hotel in 1882.

Built Legacy

2.0.20 The historic context outlined above has left an important built legacy from all periods across the County Borough. This is reflected in the spatial patterns of statutory and non-statutory historic designations (refer to Chapter 4). In broad terms, Scheduled Monuments tend to be clustered on hilltops and ridgeways (prehistoric), older population centres or industrial sites; Listed Buildings are mainly clustered in the County Borough's older population centres, while the Conservation Areas range in character from old established town and village centres, through distinctive housing and industrial developments, to the former country estate of Margam Park.

2.0.21 The building types identified as nationally important Listed Buildings or as locally recognised Buildings of Local Importance under LDP Policy BE2 (refer to Chapter 4) reflect the social and economic history of the area. Many examples of churches and chapels are included (mainly from the era of rapid industrialisation), but also included are examples of houses, pubs, schools and entertainment venues that typify their time and the local social and economic history of the area. These historic assets can all help to illustrate the story of the growth of the area and its changing building techniques and styles, bringing to life the culture and society of the past.

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Page 45 3 . Policy Context

3 Policy Context

3.1 National Policy

Well-Being of Future Generations (Wales) Act (2015)

3.1.1 The Well-Being of Future Generations (Wales) Act 2015 places a duty on public bodies (including Welsh Ministers) that they must carry out sustainable development. In carrying out this duty, actions which public bodies must take include:

Setting and publishing objectives ('well-being objectives') that are designed to maximise its contribution to achieving each of the well-being goals; and Taking all reasonable steps (in exercising its functions) to meet those objectives.

3.1.2 The Act puts in place seven well-being goals to help ensure that public bodies are all working towards the same vision of a sustainable Wales. In relation to the historic environment, the most relevant well-being goal is the achievement of 'a Wales of vibrant culture and thriving Welsh language' which would include the need to promote and protect culture, heritage and the Welsh language.

Historic Environment (Wales) Act 2016

3.1.3 The Historic Environment (Wales) Act 2016 received Royal Assent on 21st March 2016. It has three main aims:

To give more effective protection to listed buildings and scheduled monuments; To improve the sustainable management of the historic environment; and

To introduce greater transparency and accountability into decisions taken on the Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) historic environment.

3.1.4 The Act amends the two pieces of UK legislation — the Ancient Monuments and Archaeological Areas Act 1979 and the Planning (Listed Buildings and Conservation Areas) Act 1990 — that currently provide the framework for the protection and management of the Welsh historic environment. It also contains new stand-alone provisions relating to historic place names; historic environment records and the Advisory Panel for the Historic Environment in Wales.

Planning Policy Wales (PPW) Edition 9 (2016)

3.1.5 PPW sets out Welsh Government policy and guidance and was amended in 2016 to take into account changes introduced by the Historic Environment (Wales) Act. The overall approach to be taken in relation to the historic environment is set out in Chapter 6 9 including overall objectives, roles and responsibilities and the planning approach to be taken to the various categories of historic areas, sites, buildings and other remains.

3.1.6 The overall aim is identified of enabling the historic environment to deliver rich benefits to the people of Wales by identifying what is of significance and managing in a sensitive and sustainable way change that has an impact on historic assets. Page 46 3 . Policy Context

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 3.1.7 The identified general objectives are:

Conserve and enhance the historic environment, which is a finite and non-renewable resource and a vital and integral part of the historical and cultural identity of Wales; Recognise its contribution to economic vitality and culture, civic pride, local distinctiveness and the quality of Welsh life, and its importance as a resource to be maintained for future generations; Base decisions on an understanding of the significance of Wales' historic assets; Contribute to the knowledge and understanding of the past by making an appropriate record when parts of a historic asset are affected by a proposed change, and ensuring that this record or the results of any investigation are securely archived and made publicly available.

Technical Advice Note (TAN) 24: The Historic Environment (2017)

3.1.8 TAN 24 gives more detailed advice on the historic environment in relation to the planning system in Wales. This includes information on the following matters:

Archaeological remains, including procedures for dealing with archaeological remains on development sites or affected by development (including unexpected discoveries), preserving or partially preserving them in situ and recording them; Scheduled monuments, including designation (based on the national importance of the asset) and requirements and procedures for scheduled monument consent (dealt with by Welsh Ministers/Cadw); Listed buildings, including designation (based on special historic architectural or historic interest) and requirements and procedures for listed building consent (dealt with by the local authority or by Welsh Ministers depending on circumstances); Conservation areas (largely dealt with by local authorities), including designation and review, conservation area appraisals, conservation area consent and special provisions for trees in conservation areas Registered historic assets (historic parks and gardens and historic landscapes), including procedures for dealing with developments that could affect these designations. Historic assets of special local interest, designated by local authorities and protected by local planning policy (See Section 4.5 Buildings of Local Importance below)

Conservation Principles for the Sustainable Management of the Historic Environment in Wales (Cadw 2011)

3.1.9 'Conservation Principles' was published by Cadw in March 2011 and sets out the 10 guidance principles that Cadw applies when undertaking work on the monuments in its care and when considering consent and grant applications. The principles embody the objectives of conserving and enhancing the historic environment for the benefit of present and future generations and aim to nurture Wales’s rich culture and heritage as a vehicle for regeneration and for fostering local character and distinctiveness.

3.1.10 The six principles for the sustainable management of the historic environment in Wales are: Page 47 3 . Policy Context

Historic assets will be managed to sustain their values. Understanding the significance of historic assets is vital. The historic environment is a shared resource. Everyone will be able to participate in sustaining the historic environment. Decisions about change must be reasonable, transparent and consistent. Documenting and learning from decisions is essential.

3.1.11 Explanatory paragraphs about how to apply each of these principles are provided in Conservation Principles. In addition, a section on ‘Understanding Heritage Values and Assessing Significance’ defines four heritage values: evidential value; historical value; aesthetic value; and communal value. These are intended to provide the basis for making a Statement of Significance against which the effects of any proposed changes can be measured.

3.1.12 Finally, the document includes a section called ‘Conservation Principles in Action’ offering advice about changes to significant historic assets. This looks at different levels of change from routine maintenance and repair, restoration and new work, through to situations where historic assets are threatened by other overriding interests or the need for enabling development.

Cadw Guidance

3.1.13 Cadw (the Welsh Government’s Historic Environment Service) have also published a wide range of guidance documents to complement the Historic Environment (Wales) Act 2016 and recent planning policy and advice. These include the following titles:

Managing Change to Listed Buildings in Wales sets out general principles to consider when making changes to listed buildings and explains how to apply for listed Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) building consent, including the roles and responsibilities of owners, local planning authorities and Cadw itself.

Heritage Impact Assessment in Wales sets out the general principles to consider when planning changes to historic assets and applying for listed building and conservation area consent.

Managing Lists of Historic Assets of Special Local Interest in Wales sets out general principles and good practice for preparing and managing lists of local historic assets — including criteria, nomination, consultation, validation, appeals and monitoring — and provides guidance on their use in the planning system.

Setting of Historic Assets in Wales explains what setting is, how it contributes to the significance of a historic asset and why it is important. It also outlines the principles 11 used to assess the potential impact of development or land management proposals within the settings of World Heritage Sites, ancient monuments (scheduled and unscheduled), listed buildings, registered historic parks and gardens, and conservation areas.

Page 48 3 . Policy Context

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 3.1.14 Other Cadw publications give advice on a wide range of topics including advice on the conservation and re-use of chapels, historic farm buildings, small rural dwellings; the installation of renewable energy installations, energy efficiency measures and barrier free access and the approach to be taken to a range of buildings, features and monuments of historic interest from all periods. These publications are all available on the Cadw website(1).

3.2 Local Policy

3.2.1 The policy framework for the historic environment in Neath Port Talbot is set out in Chapter 5.5 of the Local Development Plan (LDP) entitled culture and heritage.

3.2.2 Policies SP21, BE2 and BE3 set out the local policy framework, Policy SP21 being the strategic policy that sets the context for the subsequent detailed policies. Policy SP21 aims to deliver LDP Objectives OB2, OB23 and OB24, OB23 being of particular relevance to the historic environment: 'Protect and enhance the County Borough's historical heritage, built environment and identity'.

Strategic Policy SP21 Built Environment and Historic Heritage

3.2.3 Policy SP21 sets out the measures that will be taken to deliver the LDP objectives. Criteria 3 and 4 are specifically relevant to the historic environment and outline the categories of historic assets that will be protected. The designated sites listed under criterion 4 are protected under national policy.

Policy SP 21

Built Environment and Historic Heritage

The built environment and historic heritage will, where appropriate, be conserved and enhanced through the following measures:

1. Encouraging high quality design standards in all development proposals;

2. Protecting arterial gateways from intrusive and inappropriate development;

3. Safeguarding features of historic and cultural importance;

4. The identification of the following designated sites to enable their protection and where appropriate enhancement:

12 (a) Landscapes of Historic Interest;

(b) Historic Parks and Gardens;

(c) Conservation Areas;

1 http://cadw.gov.wales/ Page 49 3 . Policy Context

(d) Scheduled Ancient Monuments; and

(e) Listed Buildings and their curtilage.

LDP Objectives: OB 2, OB 23 and OB 24

Policy BE2 Buildings of Local Importance

3.2.4 Buildings of Local Importance are locally identified historic assets of special local interest. Policy BE2 sets out the measures that will be taken to conserve these features.

Policy BE 2

Buildings of Local Importance

Development proposals that would affect buildings that are of local historic, architectural or cultural importance will only be permitted where:

1. They conserve and where appropriate enhance the building and its setting; or

2. It is demonstrated that the development could not reasonably be accommodated without affecting or replacing the building and the reasons for the development outweigh the heritage importance of the site. Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) Policy BE3 The Canal Network

Policy BE 3

The Canal Network

1. In order to protect and conserve the canal network, the following lengths of canal will be safeguarded:

(a) The Swansea Canal at Trebanos from the County Borough boundary to the southern edge of the playing fields; (b) The Swansea Canal from Town Centre to Godre'r Graig; 13 (c) The Tennant Canal;

(d) The Neath Canal from Briton Ferry to Ysgwrfa Bridge, Aberpergwm.

Page 50 3 . Policy Context

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Proposals which would prejudice the conservation, restoration and operation of these safeguarded lengths of canal will be resisted. Proposals will need to demonstrate that they would not adversely affect the setting of the canals or prevent or discourage the use of the canals for recreation and water supply;

2. Developments affecting locations where lengths of canal have been drained, infilled, culverted, obstructed or cut off from the remainder of the network, but where there is the possibility of future reinstatement, will be expected to take into account the historic line of the canal and to avoid the introduction of buildings or structures that would prevent reinstatement.

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Page 51 4 . The Conservation of the Historic Environment

4 The Conservation of the Historic Environment

4.0.1 There are various provisions made for the protection of historic assets depending on their significance. The strength of protection is related to the classification status of the building or structure and therefore to its importance and significance, and ranges from the statutory protections afforded by the Ancient Monuments and Archaeological Areas Act 1979 and the Planning (Listed Buildings and Conservation Areas) Act 1990, to local policies and guidance. These provisions are outlined below.

4.1 Scheduled Monuments

4.1.1 Welsh Ministers compile and maintain a schedule of monuments, which comprise historic assets which are considered to be of national importance. This is assessed through reference to specified criteria including: the period represented; the rarity of the monument; any existing documentation; group value; survival and condition of the remains and their fragility/vulnerability; the diversity of the monument's features; and sometimes the potential for important evidence to exist justifying scheduling without this being fully known.

4.1.2 Scheduling is intended to ensure that monuments are preserved, and there is a presumption against proposals that would result in significant change or damage or that would significantly affect the setting of remains. Any works that would directly affect a scheduled monument require scheduled monument consent, which is a process dealt with by Welsh Ministers through Cadw. However, consent is granted for certain classes or descriptions of work by the Ancient Monuments (Class Consents) Order 1994. Full details are given in TAN24.

4.1.3 Full details of the locations and reasons for scheduling of all scheduled monuments (2) within Neath Port Talbot is available on the Cadw/Cof Cymru website . Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

4.2 Listed Buildings

4.2.1 Listed Buildings are nationally important buildings and other assets that have been identified and included on a list that is compiled by Welsh Ministers under the Planning (Listed Buildings and Conservation Areas Act) 1990. To be included on the list, buildings have to meet criteria as being of special architectural and historic interest. Buildings are listed in three grades (I, II* and II) depending on their importance.

4.2.2 Any works to a Listed Building that would affect its character (including demolition, alteration and/or extension) would require listed building consent (as a separate matter from normal planning permission). Applications for listed building consent are determined taking special account of the desirability of preserving the building or its setting or any of its features of special architectural or historic interest and it is a criminal offence to carry 15 out any such works without the required consent.

2 http://cadw.gov.wales/historicenvironment/recordsv1/cof-cymru/?lang=enPage 52 4 . The Conservation of the Historic Environment

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 4.2.3 Full details of the requirements and procedures relating to listed building policy and legislation are given in TAN24. Full details of the locations and list descriptions of all listed buildings within Neath Port Talbot is available on the Cadw/Cof Cymru website(3).

4.3 Conservation Areas

4.3.1 Conservation areas are normally identified and designated by Local Planning Authorities (LPAs) and are defined as areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.

4.3.2 There are six conservation areas within Neath Port Talbot. These can be found on the LDP Proposals Map [SP21/4(c)] and are shown below.

Figure 4.1

Conservation Areas

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3 http://cadw.gov.wales/historicenvironment/recordsv1/cof-cymru/?lang=enPage 53 4 . The Conservation of the Historic Environment

4.3.3 A brief description and plan of each conservation area is given below:

4.3.4 Cilybebyll: a small self-contained rural village grouped around the parish church of St. John the Evangelist.

Figure 4.2 Cilybebyll Conservation Area

4.3.5 Glynneath Woollen Mill: a relatively small area comprising a group of mainly terraced houses, some of distinctive red brick and three storey design, centred around three streets associated with the former woollen mill. Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

Figure 4.3 Glynneath Woollen Mill

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upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 4.3.6 Llandarcy: originally designed as a garden village, built between 1918 and 1922, of some 250 houses and flats to house the workers of the former adjacent oil refinery in an 'arts and crafts' style.

Figure 4.4 Llandarcy

4.3.7 Margam Park: the conservation area comprises the central part of the park, including the main buildings (, the Orangery, the Abbey church and ruins) and formal gardens.

Figure 4.5 Margam Park

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4.3.8 Neath Town Centre: features of importance include the traditional commercial centre with some small shop units, the general market, public buildings, the castle, St. Thomas' church, Victoria Gardens and other architectural features and structures.

Figure 4.6 Neath Town Centre

4.3.9 Tonna Canal Depot: a small area around the Neath Canal at Tonna, including the restored canal depot and workshops, canal structures including lock and lock gates, and the residential lock house property. Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) Figure 4.7 Tonna Canal Depot

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upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 4.3.10 Conservation area designation means that the identified architectural or historic interest of an area should be given special consideration in planning policy and decision making. In particular, special attention must be given to the desirability of preserving or enhancing any affected conservation area when planning decisions are taken. In addition, a number of specific provisions for development proposals within conservation areas are applicable, as listed below.

4.3.11 Permitted Development Rights: Householders are able to undertake certain minor, uncontentious improvements and alterations to their properties without the need to make a planning application. This is termed 'Permitted Development'. Within Conservation Areas these provisions are more restrictive. Full details are available from the Welsh Government website(4).

4.3.12 Conservation Area Consent: This is a separate consent from normal planning applications and will be required for demolition works within a Conservation Area (although smaller buildings and structures are excluded). Further details are available in TAN 24.

4.3.13 Design and Access Statements and Heritage Impact Assessment: In addition to the normal requirement to submit a 'Design and Access Statement' (DAS) to accompany planning applications for major developments, one will also be required for planning applications for developments in Conservation Areas that are for one or more dwellings or for the creation of new floorspace of 100 square metres or more.

4.3.14 Applications for Conservation Area Consent will also require a 'Heritage Impact Statement' (detailing the results of a Heritage Impact Assessment). Where a DAS is required, the Heritage Impact Statement can be incorporated. Further advice on these assessments is available in TAN12 (Design), TAN24 (The Historic Environment)(5) and from Heritage Impact Assessment in Wales (Cadw)(6).

4.3.15 Trees: Proposals to fell or lop any tree in a Conservation Area should be notified to the LPA giving six weeks notice during which time the authority can consider whether the tree(s) should be protected by a Tree Preservation Order (TPO).

Conservation Area Appraisals

4.3.16 The Council will be preparing a 'Conservation Area Appraisal' (CAA) for each Conservation Area. This will include a detailed assessment of the character and appearance of each area defining its special interest, an assessment of strengths, weaknesses, opportunities and threats to its integrity, an analysis of the area's policy and management needs and the effectiveness of current controls and need for additional protection.

4.3.17 In dealing with applications, full regard will be paid to the effects of proposals on 20 the character of the Conservation Area as set out in the relevant CAA, with the objective of ensuring that all proposals accord with the need to preserve or enhance the area's identified character, appearance and setting.

4 https://gov.wales/topics/planning/policy/guidanceandleaflets/householder-permitted-development-rights/?lang=en 5 Both available on the Welsh Government website: https://gov.wales/topics/planning/policy/tans/?lang=en 6 Available on the Cadw Website: https://cadw.govPage.wales 57 4 . The Conservation of the Historic Environment

4.4 Registered Historic Assets

4.4.1 The Register of Historic Parks and Gardens in Wales

4.4.1.1 The statutory register of historic parks and gardens is compiled and maintained by the Welsh Ministers, and the parks and gardens on the register, together with their settings, should be protected and conserved by Local Planning Authorities.

4.4.1.2 Historic parks and gardens are graded in a similar way to listed buildings (Grades I, II* and II), and the park boundaries and essential settings are defined. There are six registered parks/gardens within Neath Port Talbot and these are illustrated below.

Figure 4.8

Registered Historic Parks & Gardens Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

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upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 4.4.1.3 Margam Park (Grade I): A multi-layered site of outstanding historical importance including prehistoric and Cistercian abbey remains and Tudor, 18th Century and 19th Century garden and landscaping phases.

Figure 4.9 Margam Park

4.4.1.4 The Gnoll, Neath (Grade II*): A largely 18th Century landscape park of very great historical interest, in its original setting above Neath. The landscape of the Gnoll is exceptional for its combination of industrial and ornamental functions and for its strong visual relationship with the surrounding countryside.

Figure 4.10 The Gnoll

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4.4.1.5 Jersey Park, Briton Ferry (Grade II): An exceptionally well preserved urban public park. Its original layout of formal and informal areas remains complete and includes sports facilities.

Figure 4.11 Jersey Park

4.4.1.6 Victoria Gardens, Neath (Grade II): A small, well preserved and popular urban park, with most of its original layout and features.

Figure 4.12 Victoria Gardens Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

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upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 4.4.1.7 Talbot Memorial Park, Port Talbot (Grade II): A small, well preserved urban public park with a fine central bandstand and war memorial.

Figure 4.13 Talbot Memorial Park

4.4.1.8 Rheola (Grade II): The survival of an early 19th Century villa by John Nash and its contemporary picturesque setting. Although part of the park was developed by a wartime aluminium plant, the majority of the setting, which was kept deliberately simple, survives, as do some of Nash's picturesque estate buildings.

Figure 4.14 Rheola

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4.4.1.9 Proposals that could affect a registered park or garden or its setting will need to be fully assessed, including consultation with Welsh Ministers/Cadw, to ensure that there are no adverse effects, and applicants should ensure that the significance of the registered park/garden and any impacts are shown to be fully understood and addressed.

4.4.2 The Register of Historic Landscapes in Wales

4.4.2.1 The non-statutory Register of Historic Landscapes in Wales is an advisory register that is intended to inform policy making and decision making at a strategic level and to inform environmental impact assessment. Development proposals should ensure that any affected historic landscape areas are taken into account and that the integrity and coherence of the areas is maintained.

4.4.2.2 There are two registered historic landscapes within or partly within Neath Port Talbot, and one which adjoins the County Borough boundary and consequently could be affected by development within Neath Port Talbot.

4.4.2.3 The boundaries within Neath Port Talbot of 'Margam Mountain Historic Landscape' and 'Merthyr Mawr, Kenfig and Margam Burrows Historic Landscape' are shown on the LDP Proposals Map [SP21/4(a)]. Historic Landscapes within Neath Port Talbot and within neighbouring administrative areas are illustrated below. Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

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upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Figure 4.15 Historic Landscapes

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4.4.2.4 Merthyr Mawr, Kenfig and Margam Burrows: The designation comprises two distinct areas: Merthyr Mawr (to the south east of Porthcawl) and Kenfig/Margam Burrows, which extends partly into Neath Port Talbot.

4.4.2.5 The landscapes are listed as being extensive areas of littoral, wind blown sand dunes containing buried remains of immense archaeological and historic potential from the prehistoric, Roman and medieval periods.

Figure 4.16 Merthyr Mawr, Kenfig and Margam Burrows Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

4.4.2.6 Margam Mountain: A discrete block of uplands situated at the south west fringe of the historical Glamorgan Blaenae, displaying continuity, density and diversity of human occupation from the prehistoric period to the recent past.

4.4.2.7 The area includes Bronze Age ritual and funerary monuments; large Iron Age hill forts, settlements, enclosures and trackways; a Roman road; a large and important group of Early Christian inscribed stone monuments and associations; medieval defensive works; Margam Abbey, later a site for gentry residences; a landscaped park, pleasure 27 gardens and a magnificent Georgian orangery; and second world war defensive installations. Part of the designated area is located within the Bridgend administrative area.

Page 64 4 . The Conservation of the Historic Environment

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Figure 4.17 Margam Mountain

4.4.2.8 The Rhondda: Although not within Neath Port Talbot, this area abuts the County Borough boundary to the east of the Afan and Corrwg valleys.

4.4.2.9 The area represents one of the largest and best-known mining conurbations and coalfield communities in Britain. The wider landscape is rich in a diverse and thematic archaeological resource of many periods and types, showing a high degree of cultural interest and continuity.

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Figure 4.18 The Rhondda

4.4.2.10 Guidance on the approach to be taken to proposals that may affect registered historic landscapes has been published by Cadw(7). Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

4.5 Buildings and Historic Assets of Local Importance

4.5.1 LDP Policy BE2 (refer to Section 3.2) seeks to give protection to Buildings of Local Importance (BLIs). BLIs are locally identified and designated buildings (and other historic assets) that may not meet the requirements to be included on the statutory list of buildings of architectural or historic importance or the schedule of monuments, but are considered to be important within the local context and therefore to be worthy of conservation.

4.5.2 This policy was incorporated into the LDP as a result of strong representations received from across Neath Port Talbot from those concerned that the character and distinctiveness of their communities was being compromised through the loss or spoiling of distinctive and characterful buildings and (in some cases) their replacement with bland modern developments. 29

7 Guide to Good Practice on Using the Register of Landscapes of Historic Interest in Wales in the Planning and Development Process (http://cadw.gov.wales/docs/cadw/publications/LandscapesRegisterGoodPractice_EN.pdfPage 66 ) 4 . The Conservation of the Historic Environment

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 4.5.3 The buildings that have been identified for BLI designation are therefore not necessarily of national architectural or historical significance, but are considered to have strong associations with the locality and to give distinctive character to the community or settlement. The aim of the policy is to try to retain this local character.

4.5.4 Since the adoption of the LDP, Cadw has issued guidance on the compilation of local lists of buildings (using the term Historic Assets of Special Local Interest)(8). The compilation of the BLI list has been undertaken following the principles set out in this guidance and in accordance with the explanatory text to LDP Policy BE2 which states that an inventory of BLIs is to be compiled as part of the preparation of this Historic Environment SPG.

4.5.5 For the purposes of this guidance the term Building of Local Importance (BLI) should be taken to be the equivalent of and to incorporate the term Historic Asset of Special Local Interest.

Schedule of Buildings of Local Importance

Preparation and Engagement

4.5.6 The list of BLIs has been compiled in accordance with the procedure and criteria set out in Appendix C. The list has been subject to a consultation process with building owners which has resulted in some amendments (including some additional suggestions).

BLI Schedule Contents

4.5.7 The designated BLIs are listed in Appendix A grouped by LDP spatial area and electoral ward. The full BLI Schedule including details for each individual building are in a separate document (The Schedule of Buildings of Local Importance (9)). For each building/historic asset, the Schedule gives the building address and location (including a plan indicating the extent of the designation); a description and photograph; the BLI selection criteria that are applicable; the justification for inclusion; and additional notes. These elements are explained in more detail below.

Building/Historic Asset Location

4.5.8 The list entries are arranged by electoral ward and give the postal address, grid reference and a location plan which indicates the extent of the designation (i.e. the area edged red). The terms of Policy BE2 will be applicable to the buildings/structures within this area.

30 Building/Historic Asset Description 4.5.9 The description of the BLI includes any special characteristics or additional features (such as railings/gates etc.) that should be taken account of when applying Policy BE2. The accompanying photo is a recent image showing the building/asset as at the time of

8 Managing Lists of Historic Assets of Special Local Interest in Wales (Cadw 2017) 9 Schedule of Buildings of Local Importance (Link)Page 67 4 . The Conservation of the Historic Environment

its inclusion in the BLI list. The management objectives for each building/asset should be taken to be the conservation and maintenance as far as practicable of the building as described and any features specifically mentioned here.

Selection Criteria

4.5.10 Underneath the building photograph is a table giving the BLI selection criteria with an indication of which of the criteria are met by the building/asset.

Justification for Consideration

4.5.11 The justification section seeks to explain further the features of the building/asset that have led to its designation, expanding on the selection criteria above. This information will also be taken into account when applying Policy BE2.

Notes

4.5.12 Other available information about the building/asset and any references or information sources are given in the notes section. In a number of cases, buildings/assets are included in Coflein (the database for the National Monuments Record of Wales)(10) and where available information from Coflein is included in this section.

Application of Policy BE2

4.5.13 Policy BE2 (refer to Section 3.2) comes into effect when developments or changes are proposed that require planning permission under current regulations (it does not mean that any additional permission would have to be sought for changes that currently do not require it). The policy requires proposals that would affect a BLI to conserve and where appropriate enhance the building and its setting. This does not rule out change, such as Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) alterations, extensions, changes of use and so on, but indicates that the Council will seek to conserve the character of the building or historic asset whenever possible.

4.5.14 Flexibility is provided by the second part of the policy which indicates that if the development is not possible without adversely affecting the building’s character, it could still be permitted if the reasons for the development are shown to outweigh the heritage importance of the site. These policy requirements are examined in more detail below.

Policy BE2 Criterion 1: Conserving and Enhancing a BLI and its setting

4.5.15 Detailed advice on buildng conservation is widely available from a variety of sources. Cadw have issued guidance relating to listed buildings that gives useful general advice applicable to any building(11). In applying Policy BE2, the specific matters set out below will be addressed when planning applications affecting BLIs are being considered 31 by the Council, and should be taken into account in drawing up proposals that would affect a BLI.

10 http://coflein.gov.uk/en 11 Available on Cadw's Website: https://cadw.govPage.wales/historicenvironment 68 4 . The Conservation of the Historic Environment

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 4.5.16 Building Character - the BLI list entry for the building gives an indication of the important aspects of its overall character and significance and can be a useful starting point to developing an understanding of what makes the building important and how this can be conserved when alterations are being planned.

4.5.17 Building Style and Form - the proportions of the building, the layout, spacing and design of its major elements such as windows, doors, porches and chimneys are fundamental aspects of its character. Removal or replacement of any element or unsympathetic additions can be detrimental to a building's special character. New additions such as extensions should not dominate the existing building form.

4.5.18 Architectural Detail - particular attention should be paid to retaining and conserving any features specifically referred to in the BLI list description wherever possible. Any such features or detailing can be important to the overall character of the building and can be important clues about its history. The removal or replacement of such features and details can have a very significant impact on the building's overall appearance and should be avoided wherever possible.

4.5.19 Materials - repairs, renewal and replacement of parts of a building are aspects of normal necessary maintenance, for example re-roofing or re-rendering. The materials used for such maintenance should be visually and physically compatible with the existing fabric, respecting the performance characteristics of the building.

4.5.20 Demolition - BLI designation does not in itself give any extra controls over demolition, but the demolition of significant or important parts of any BLI should be avoided. Where a building is no longer suitable for its existing or former use, sympathetic additions and alterations to allow its continued occupation or use for alternative purposes will be encouraged. Where a site occupied by a BLI is to be redeveloped, every effort should be made to retain the BLI itself as part of the new scheme (through change of use or conversion) as far as possible.

4.5.21 Adaptation and Modernisation - bringing a building up to modern standards and making it suitable for occupation and use in the 21st Century will often involve significant change. Important examples of this are improving energy efficiency and ensuring that a building is fully accessible. In relation to energy efficiency, it is important to ensure that the materials used are technically appropriate for a historic building and that adequate ventilation is maintained. Measures appropriate for modern buildings will not always be suitable for older structures. Specialist advice may be required to ensure that alterations are sympathetic to both the appearance and performance of traditional buildings. Ensuring that a building is accessible to all can also pose challenges when applied to traditional buildings, and innovative solutions may be required in order to maintain a building's 32 character. However, BLI designation is not intended to prevent adaptation and where changes are necessary to enable the reuse of the building it may be necessary to accept some adverse effects on character under criterion 2 of the policy.

4.5.22 Building Setting - Policy BE2 refers not only to the designated BLI, but also to its setting. The extent and nature of the setting of a BLI will depend not only on the type, size and prominence of the BLI itself but also its location or context (e.g. whether it is in a town centre or on a more isolated site).Page Every 69 BLI has a distinct individual context and 4 . The Conservation of the Historic Environment

unsympathetic new development within a building's setting can destroy this context and a significant part of the building's historic or cultural value or meaning. Where new development is proposed anywhere near to a BLI, the setting of the building should be given consideration and efforts made to ensure that the new changes do not dominate or overwhelm the BLI or divorce it from its context.

4.5.23 Further information on design matters is available from TAN12 (Design)(12) and the Design SPG(13).

Policy BE2 Criterion 2: Reasons for development that outweigh the heritage importance of the site

4.5.24 Where a development is proposed that adversely affects a BLI and is contrary to criterion 1 of Policy BE2, it may still be acceptable provided it is shown to comply with the terms of criterion 2 of the policy.

4.5.25 BE2(2) has two elements. Firstly, it must be demonstrated that there is no way of undertaking the development without having adverse effects on the BLI or its setting. This will involve showing that there is no reasonable way of redesigning the scheme to avoid the adverse effects or to incorporate or reuse BLI as part of the proposal. This will need to be clearly demonstrated and not just asserted (i.e. clear evidence will be required to show that such alternatives would not be possible and/or viable).

4.5.26 The second element of criterion 2 requires the reasons (or benefits) of a development to be weighed against the heritage importance of the site. This means that there is a requirement to show what the economic and/or social benefits of the proposal would be (in particular for the wider community) and to demonstrate that these benefits

would outweigh the loss of the site's heritage value (set out in the BLI list). Additional Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) information about the history or current condition of the building or site may also be relevant, for example evidence to show that changes to the building/heritage asset since the adoption of the BLI list mean that its heritage interest has been lost or compromised.

4.5.27 If these points can clearly be demonstrated, development proposals that adversely affect a BLI may be permitted, subject to other planning considerations.

4.6 Neath Port Talbot Canal Network

Background

4.6.1 Neath Port Talbot's canals were first built in the late 18th Century for the transportation of minerals and produce enabling the early development and expansion of industry in the Swansea and Neath valleys. There are three principal canals in Neath Port Talbot: The Neath Canal extends for some 13 miles from Briton Ferry up the Vale of Neath 33 to Glynneath; the Tennant Canal is some 8 miles in length running from Port Tennant near

12 Technical Advice Note 12 Design (2016) 13 Design Supplementary Planning Guidance (2017)Page 70 4 . The Conservation of the Historic Environment

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Swansea docks to link with the Neath Canal at ; and the Swansea Canal originally linked Swansea with Abercraf, running up the Swansea Valley through Pontardawe and Ystalyfera.

4.6.2 In addition to the three main canals there were a number of relatively short branch canals providing links to collieries and other industrial sites. Most of these are not now extant, but it is still possible to identify the course of the Glan y Wern Canal running through Crymlyn Bog linking to the Tennant Canal.

4.6.3 In addition to their historic interest, the canals still have significant roles to play in providing water supplies to local industries, providing recreation and leisure and active travel facilities (particularly as walking and cycling routes) and for biodiversity: a wide range of biodiversity designations apply to the canals, all of which are recognised as Sites of Interest for Nature Conservation (SINCs), with some stretches also being part of nationally and internationally designated areas, for example the Tennant Canal forms part of the Crymlyn Bog and Pant y Sais Fen Special Area for Conservation and Ramsar Site.

Current Status of the Canals

Swansea Canal

4.6.4 The line of the lower part of the Swansea Canal (between Swansea Docks and Trebanos) is within the City and County of Swansea administrative area, while the upper reaches are in Powys. Within Neath Port Talbot the canal is partly extant and in water (with some stretches that have seen significant restoration works) and partly abandoned or infilled. Some lengths of the canal within NPT have been built over or destroyed, mainly as a result of the construction of new or widened/improved roads.

4.6.5 From the County Borough boundary at Trebanos to the southern end of the playing fields, the canal is extant and in water, including locks and overbridges. Through the playing fields up to the bypass road (A474) at Pontardawe town centre it has been infilled and is largely not visible. Through Pontardawe town centre and up to Ynysmeudwy it has been restored, including bridges, aqueducts and locks with the towpath providing a popular recreational route and the canal making an important contribution to the character and attractiveness of the town.

4.6.6 After the modern road bridge at Ynysmeudwy, the next stretch of the canal forms part of a nature reserve and has not been restored but remains extant, with bridges and locks in situ as far as Godre'r Graig (Gnoll Road). From this point up to Pantteg/Ystalyfera, the canal line has been significantly affected by road widening and straightening, and much of the canal has been destroyed although some locks and a former boatyard remain. 34 4.6.7 From Pantteg to the County Borough boundary where the canal aqueduct crosses the River Twrch adjacent to the A4067, there is little obvious remaining of the canal and a significant part has been destroyed by the construction of the bypass road.

Page 71 4 . The Conservation of the Historic Environment

4.6.8 A number of remaining features associated with the canal including bridges and locks are protected by statutory designations (as listed buildings or scheduled monuments). Significant canal features and buildings that are not protected in this way have been designated as BLIs (refer below).

Tennant Canal

4.6.9 The first part of the Tennant Canal route from Swansea Docks to the County Borough boundary lies within the City and County of Swansea. From the boundary the canal is maintained in water following the edge of Crymlyn Bog to Jersey Marine including the junction with the Glan y Wern branch canal.

4.6.10 After the B4290 road bridge at Jersey Marine the canal passes through Pant y Sais Fen before passing Neath Abbey Wharf and Neath Abbey ruins and going close to Neath town centre alongside the River Neath to Aberdulais.

4.6.11 At Aberdulais, the canal crosses the river Neath on a stone aqueduct (currently not in water) before joining the Neath Canal at a canal basin. Again, a significant number of structures along the canal are Listed Buildings, with a section of canal at Neath Abbey designated as a Scheduled Monument. Significant features that are not currently protected have been designated as BLI (refer below).

Neath Canal

4.6.12 The Neath Canal is maintained in water from Briton Ferry adjacent to wharfs on the River Neath, past Giants Grave and Milland Road industrial area to Neath town centre and then on to Tonna and Aberdulais. Improvements have been made in recent years to accessibility allowing the use of the tow path for walking and cycling along these stretches Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) of the canal. At Tonna, significant restoration work was undertaken some years ago on the canal depot which is designated a Conservation Area (refer to Section 4.3 above).

4.6.13 After the junction with the Tennant Canal at Aberdulais, the Neath Canal continues in water up the valley, passing Clyne, where a pair of locks and associated structures have been restored in recent years, crossing the River Neath at Ynys Bwllog on a modern replacement aqueduct, and continuing in water as far as a pair of disused locks near to .

4.6.14 There is a stretch of canal infilled at Abergarwed, followed by a stretch along side the B4242 Neath Road which is derelict, including a lock near to the Farmers Arms Public House. The link road to the A465 dual carriageway at Resolven severs this part of the canal from the stretch between Resolven and Aberpergwm, which has been restored (including a number of locks and bridges) and is in water. 35 4.6.15 At Aberpergwm, road improvements have again severed the line of the canal and the final stretch to Glynneath is largely derelict. The final length of canal has been lost under the embankment for a former stretch of the A465 dual carriageway.

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upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary LDP Policy

4.6.16 LDP Policies BE2 and BE3 (refer to Section 3.2 above) are both specifically relevant to the heritage value of the County Borough's canals. The policies have the aim of conserving and enhancing the significant features of the canals where possible through the planning system, with Policy BE3 specifically aiming to safeguard the canal routes from development that could prejudice their use or reinstatement.

Application of Policy BE2

4.6.17 As outlined above, a number of structures along the canals are either Listed Buildings or Scheduled Monuments, and any proposed alterations to any of these structures will require the relevant consents (refer to Section 4). The majority of the remaining canal structures that are not already protected in this way have been designated as BLIs, and LDP Policy BE2 will therefore be applied when dealing with any planning applications that could affect these structures. Policy BE2 will be applied to the designated canal structures in the same way as for other types of BLI as set out above.

Application of Policy BE3

4.6.18 Policy BE3 specifically relates to the canal network, and aims to safeguard the canal routes. Criterion 1 of the policy identifies the lengths of canal that are still substantially in existence (also identified on the LDP Proposals Map) and sets out restrictions on development that would prejudice the conservation, restoration and operation of these lengths. The policy refers to the setting of the canals and their use for recreational and water supply purposes.

4.6.19 Any proposal for development near to the identified lengths of canal will therefore need to consider its possible impacts on the canal including the effects it will have on the canal's setting and therefore on its character and appearance in that locality. In relevant cases, additional information should be submitted with the planning application to explain how the canal has been taken into account in the design and layout of the development, and to show how the development will relate to the canal.

4.6.20 Criterion 2 of the policy applies to remaining parts of the canal network that may have been infilled or abandoned, but where there remains the possibility of future reinstatement. If development is proposed in these areas, it should be designed and laid out to ensure that sufficient space is retained to reinstate the canal along its historic alignement and that no buildings, permanent structures or access roads are proposed that do not take this into account. The precise requirements will depend on the circumstances of the site concerned and it is recommended that developers instigate 36 pre-application discussions with the Planning Department at an early stage(14).

14 The procedures for undertaking pre-application discussions applied by the Council can be found on the Council's website: http://www.npt.gov.uk/default.aspx?page=10326Page 73 4 . The Conservation of the Historic Environment

Canals Lists

4.6.21 The canal structures that are designated as BLIs are listed in Appendix B, with lists for each of the three main canals. The full schedule of protected structures (including Listed Buildings and Scheduled Monuments) for each canal is contained in a separate document (The Schedule of Designated Canal Structures(15)). This is set out in a similar way to the Schedule of Buildings of Local Importance, but includes scheduled and listed structures as well as BLIs, in the interests of clarity. Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

37

15 Schedule of Designated Canal Structures (Link)Page 74 4 . The Conservation of the Historic Environment upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary

38

Page 75 Appendix A: . Schedule of Buildings of Local Importance

Appendix A: Schedule of Buildings of Local Importance

The BLIs are listed in the tables below by electoral ward, grouped into the eight LDP Spatial Areas. BLIs associated with the Swansea, Tennant and Neath canals are listed separately in Appendix B. The full schedules giving details of each BLI are in a separate document: 'Schedule of Buildings of Local Importance'(16).

Afan Valley

Cymmer

Ref: Name Address Settlement

CYM002 Former Brynsiriol Station Road Cymmer Senior Citizens Centre

CYM003 Former HSBC Bank Station Road Cymmer

CYM004 Ty Sant John Station Road Cymmer

Former Railway Station Road Cymmer CYM005 Station Refreshment Rooms

United Free Methodist Brytwn Road Cymmer CYM006 Church

Glyncorrwg

Ref Name Address Settlement Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

Bethel House Corner of Commercial Street and GLC002 Melyn Street

United Methodist Bryn Road Glyncorrwg GLC003 Church and Schoolroom

St. John the Baptist Church Street Glyncorrwg GLC004 Church

Gwynfi

Ref Name Address Settlement GWY001 Capel Salem Commercial Street Abergwynfi 39 GWY003 St. Gabriel's Court Graig Road Abergwynfi

GWY004 Blaengwynfi Library Jersey Road Blaengwynfi

GWY005 Tunnel Hotel Heol y Nant Blaengwynfi

16 Schedule of Buildings of Local Importance (LINK)Page 76 Appendix A: . Schedule of Buildings of Local Importance upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Ref Name Address Settlement

Community Co-op Jersey Road Blaengwynfi GWY006 Store

Pelenna

Ref Name Address Settlement

PEL001 The Colliers Riverside Efail Fach Efail Fach

PEL002 Independent Chapel Efail Fach Efail Fach

PEL005 Limekiln Tonmawr Road Tonmawr

40

Page 77 Appendix A: . Schedule of Buildings of Local Importance

Amman Valley

Gwaun-cae-Gurwen

Ref Name Address Settlement

GCG001 Carmel Chapel Heol Cae Gurwen Gwaun Cae Gurwen

GCG002 Shops 61 and 63 Heol Cae Gurwen Gwaun Cae Gurwen

GCG004 St. Mary's Church Heol Cae Gurwen Gwaun Cae Gurwen

GCG005 Capel Hermon Brynamman Road Gwaun Cae Gurwen

GCG006 Railway Viaducts Off Heol Cae Gurwen Gwaun Cae Gurwen

Lower Brynamman

Ref Name Address Settlement

LBA001 Siloam Chapel Amman Road

LBA002 Ebenezer Chapel Amman Road Lower Brynamman

LBA003 Brynamman Hotel 27 Amman Road Lower Brynamman

LBA004 Crown Inn 25 Park Street Lower Brynamman

LBA005 27 Park Street 27 Park Street Lower Brynamman

LBA007 St. David's Church King Edward Road Tairgwaith Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

41

Page 78 Appendix A: . Schedule of Buildings of Local Importance

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Dulais Valley

Crynant

Ref Name Address Settlement

CRY001 Salem Chapel Brynawel Crynant

CRY002 St. Margaret's Church Main Road Crynant

CRY004 Maes Mawr Bridge Maes Mawr Road Crynant

CRY006 Crynant Community Centre Woodland Road Crynant

CRY007 Bethel Chapel School Road Crynant

Dyffryn Cellwen

Ref Name Address Settlement

ONL002 St. David's Church Main Road Dyffryn Cellwen

ONL003 Noddfa Chapel Main Road Dyffryn Cellwen

Seven Sisters

Ref Name Address Settlement

SEV004 Brick Row 1 - 6 High Street Seven Sisters

SEV007 St. Mary's Church Church Road Seven Sisters

SEV008 Bryndulais PH Church Road Seven Sisters

Footbridge, truck and Recreation Area Church Road Seven Sisters SEV009 winding wheels

42

Page 79 Appendix A: . Schedule of Buildings of Local Importance

Neath

Aberdulais

Ref Name Address Settlement

ABD001 Dulais Rock PH Main Road Aberdulais

Former Wesley Canalside Aberdulais ABD002 Chapel

ABD005 Pisgah Chapel Main Road Cilfrew

ABD006 Hermon Chapel Main Road Cilfrew

ABD008 Pisgah Vestry Main Road Cilfrew

Briton Ferry East

Ref Name Address Settlement

BFE001 Former Bank 43 Neath Road Briton Ferry

Jerusalem Baptist Neath Road Briton Ferry BFE002 Church

BFE003 Ferryman PH Neath Road Briton Ferry

Briton Ferry Neath Road Briton Ferry BFE004 Workingmen's Club

Ynysmaerdy Ynysmaerdy Road Briton Ferry

BFE006 Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) Cemetery Chapels

The Christian Craig Road Briton Ferry BFE007 Centre

Church of Our Neath Road Briton Ferry BFE009 Lady of the Assumption

Former New Dock Villiers Road Briton Ferry BFE011 Hotel

BFE012 Y Graig Chapel Neath Road / Ynysmaerdy Road Briton Ferry

Bethesda Cwrt Sart Briton Ferry BFE014 Congregational Church BFE018 Former Post Office Neath Road Briton Ferry 43 Leigh's Barbers 177 Neath Road Briton Ferry BFE019 Shop

BFE020 Horse Trough Adj. Car Wash Neath Road Briton Ferry

Page 80 Appendix A: . Schedule of Buildings of Local Importance upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Ref Name Address Settlement

English Thomas Street Briton Ferry BFE021 Independent Chapel Vestry

Briton Ferry Little Neath Road Briton Ferry BFE022 Theatre

Briton Ferry West

Ref Name Address Settlement

BFW003 Barn Cottages 1 - 5 Barn Cottages, Shelone Road Briton Ferry

Former St. John 50A Giants Grave Road Briton Ferry BFW006 the Baptist Church

Bryncoch North

Ref Name Address Settlement

BRN002 Saron Chapel Main Road Bryncoch

Bryncoch South

Ref Name Address Settlement

Ty'n yr Heol Ty'n yr Heol Bryncoch BRS002 House

Neath and Brecon Neath Abbey Road Neath BRS004 Junction signal box

Cadoxton

Ref Name Address Settlement

The Green Church Road Cadoxton CAD001 Dragon PH

CAD003 War Memorial Main Road Cadoxton

Crown and Main Road Cadoxton CAD004 Sceptre PH

44 Central

Ref Name Address Settlement

Calfaria Baptist Stanley Road COC002 Church

COC006 Carnegie Hall Evelyn Road Skewen Page 81 Appendix A: . Schedule of Buildings of Local Importance

Ref Name Address Settlement

COC007 Y Capel Old Road Skewen

The Colliers Arms New Road Skewen COC008 PH

Coedffranc North

Ref Name Address Settlement

CON002 Traveller's Well PH Dynevor Place Skewen

CON003 Drymmau Hall Drymmau Road Skewen

Free Mission Dynevor Road Skewen CON004 Church

Coedffranc West

Ref Name Address Settlement

William Knox Britannic Way Coed Darcy COW002 House

COW003 Gower Chemicals Baldwins Crescent Crymlyn Burrows

COW005 Llandarcy Institute Prettyman Drive Llandarcy

COW006 Milestone Llandarcy

Crymlyn Primary School Road Llandarcy COW007

School Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

COW008 Nissen Hut Serecold Avenue Skewen

Dyffryn

Ref Name Address Settlement

DYF001 Ty Mawr 1 - 5 New Road Neath Abbey

DYF002 Glynfelin Lodge Longford Road Neath Abbey

DYF003 Swiss Cottage Longford Road Neath Abbey

Mynachlog Nedd New Road Neath Abbey DYF005 Junior School DYF006 Front Lodge Dyffryn Road Dyffryn 45

Neath East

Ref Name Address Settlement

NTE002 Dark Arch Tunnel The Rope Walk Neath Page 82 Appendix A: . Schedule of Buildings of Local Importance upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Ref Name Address Settlement

Ebenezer Baptist Briton Ferry Road Neath NTE003 Church

English Presbyterian London Road Neath NTE006 Church in Wales

Neath Methodist Briton Ferry Road Neath NTE008 Church

NTE012 Siloh Chapel Old Road Melin

Melincryddan Old Road Melin NTE013 Community Centre

NTE014 Siloh Fach Dan y Graig Road Melin

NTE015 Bethel Elim Chapel Briton Ferry Road Melin

Neath North

Ref Name Address Settlement

NTN001 Warehouse Croft Road Neath

NTN006 Lletty Nedd 1 - 4 Lletty Nedd, Pen y Dre Neath

NTN008 The Greyhound PH Water Street Neath

Llantwit Cemetery Fairyland Road Neath NTN010 Chapel

NTN011 Zoar Chapel Bridge Street Neath

NTN014 Chapel High Street Neath

NTN015 Neath Mission Hall High Street Neath

Orchard Place Baptist Orchard Street Neath NTN017 Church

NTN018 Castle Hotel The Parade Neath

NTN019 Castell Nedd Arms Angel Street Neath

1 Orchard Street and Wind St/ Orchard St. Neath NTN020 1 Wind Street

NTN021 David Protheroe PH 7 Windsor Road Neath 46 NTN022 The Big Cam PH 9 Windsor Road Neath NTN023 Prudential Chambers 11 The Parade Neath

Alderman Davies St. David's Street Neath NTN024 School

NTN025 1 - 3 Church Place 1 - 3 Church Place Neath

Page 83 Appendix A: . Schedule of Buildings of Local Importance

Neath South

Ref Name Address Settlement

St. Peter and St. Paul Cimla Road Cimla NTS001 Church

NTS003 The Laurels Lewis Road Neath

St. Joseph's RC Cook Rees Avenue Neath NTS005 Church

Tonna

Ref Name Address Settlement

TON001 Tonna Hospital Tonna Uchaf Tonna Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

47

Page 84 Appendix A: . Schedule of Buildings of Local Importance

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Neath Valley

Blaengwrach

Ref Name Address Settlement

BLA001 Calfaria Chapel High Street Cwmgwrach

BLA002 Wenallt Farm Heol Wenallt Cwmgwrach

BLA003 Former Siloh Chapel Heol Wenallt Cwmgwrach

BLA004 St. Mary's Church Cwmgwrach

Glynneath

Ref Name Address Settlement

GLN002 Lamb and Flag PH B4242 Glynneath

GLN009 Addoldy Glynneath Addoldy Road Glynneath

GLN011 Angel Inn Pontneathvaughan Road Pontneddfechan

Pentreclwydau Farm Glynneath Road Pentreclwydau GLN012 pigsty

GLN013 Rheola Lodge Glynneath Road Rheola

GLN014 Capel y Glyn Heol y Glyn Glynneath

GLN016 Bethel Baptist Chapel High Street Glynneath

GLN017 Pontneddfechan Bridge High Street Pontneddfechan

Resolven

Ref Name Address Settlement

RES002 St. David's Church Neath Road Resolven

Resolven War Neath Road Resolven RES004 Memorial

Resolven Community Tan y Rhiw Road Resolven RES005 Centre

Sardis Baptist Chapel Commercial Road Resolven RES006 and Church

Ton House and former 5,7 & 9 Neath Road Resolven 48 RES007 Post Office

RES008 Farmers Arms PH Glynneath Road Resolven

Page 85 Appendix A: . Schedule of Buildings of Local Importance

Pontardawe

Alltwen

Ref Name Address Settlement

ALL001 Chapel Bryn Llewellyn Alltwen

St. John the Baptist Bryn Llewellyn Alltwen ALL002 Church

Mount Pleasant and The Triangle Alltwen ALL004 Warehouse/club

ALL005 Church House Dyffryn Road Alltwen

ALL007 Dan y Graig Chapel Edward Street Alltwen

Alltwen Community Dyffryn Road Alltwen ALL008 Centre

Pontardawe

Ref Name Address Settlement

PON001 Neuadd Glanrhyd Glan Rhyd Road Pontardawe

Cross Community High Street/Herbert Street Pontardawe PON002 Centre

PON003 New Church Temple 86 New Road Ynysmeudwy

Pontardawe Arts Herbert Street Pontardawe PON006 Centre Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

PON007 Pontardawe Library Holly Street Pontardawe

PON008 Ivy Bush Hotel High Street Pontardawe

PON009 Adulam Baptist Chapel Swansea Road Pontardawe

Pontardawe Police High Street Pontardawe PON010 Station

PON012 Bethesda Chapel New Road Ynysmeudwy

Soar Presbyterian Holly Street Pontardawe PON014 Church

PON016 Alltycham Farm Alltycham Drive Pontardawe PON017 Old Brewery High Street Pontardawe 49 PON019 Pontardawe Inn Off Neath Road Pontardawe

PON020 Ty Mawr Ynysderw Road Pontardawe

PON021 St. Mary's Church Ynysmeudwy Road Ynysmeudwy

PON022 21 Holly Street 21 Holly Street Pontardawe Page 86 Appendix A: . Schedule of Buildings of Local Importance upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Ref Name Address Settlement

PON023 6 James Street 6 James Street Pontardawe

PON024 Wesleyan Chapel James Street Pontardawe

PON025 57 - 60 Herbert Street 57 - 60 Herbert Street Pontardawe

PON026 Saron New Chapel Commercial Road Pontardawe

PON027 41 - 43 Herbert Street 41 - 43 Herbert Street Pontardawe

PON028 44 - 46 Herbert Street 44 - 46 Herbert Street Pontardawe

PON029 46 - 47 Herbert Street 46 - 47 Herbert Street Pontardawe

Rhos

Ref Name Address Settlement

RHO001 Ebenezer Chapel Neath Road Rhos

RHO005 Plas Cilybebyll Cwm Nant Llwyd Road Rhos

Swansea Valley Cwm Nant Llwyd Road Rhos RHO006 Holiday Cottages

Trebanos

Ref Name Address Settlement

St. Michael and All Swansea Road Trebanos TRE001 Angels Church

TRE002 Capel y Graig Swansea Road Trebanos

TRE003 Gosen Chapel Swansea Road Trebanos

50

Page 87 Appendix A: . Schedule of Buildings of Local Importance

Port Talbot

Aberafan

Ref Name Address Settlement

Bethlehem Evangelical Ysguthan Road Aberafan ABA001 Church

ABA002 Salem Church Sandfields Road Aberafan

ABA005 Old Fire Station Water Street Aberafan

ABA006 Kash Superstore Bailey Street Aberafan

Baglan

Ref Name Address Settlement

BAG001 Baglan Lodge Glan Hafren Baglan

St. Baglan's Church Old Road Baglan BAG002 and No. 5

BAG004 The Lodge 32 Lodge Road Baglan

Bryn & Cwmavon

Ref Name Address Settlement

BCA001 Oakwood Church Oakwood Avenue, Oakwood Pontrhydyfen

Former Pontrhydyfen School Street, Oakwood Pontrhydyfen Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) BCA002 Primary School

BCA004 Rolling Mill PH Salem Road

BCA008 Church Hall School Terrace Cwmafan

BCA009 Bryn Gurnos Chapel Terrace Bryn

BCA010 Royal Oak PH Maesteg Road Bryn

St. Philip Evans Salem Road Cwmafan BCA011 Catholic Church

Rock Independent Pwll y Glaw Cwmafan BCA012 Chapel

BCA013 St. Tydfil's Church Bryn Eglwys Bryn 51 BCA014 British Lion PH Pwll y Glaw Cwmafan

Page 88 Appendix A: . Schedule of Buildings of Local Importance

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Margam

Ref Name Address Settlement

Pen y Bryn Methodist Heol y Glo Pen y Bryn MAR002 Chapel

Port Talbot

Ref Name Address Settlement

POR003 Mission Room Talbot Road Port Talbot

POR004 The Old Vicarage Theodore Road Port Talbot

POR006 2 - 4 Station Road 2 - 4 Station Road Port Talbot

POR007 Grove House Grove Place Port Talbot

POR008 St. Oswald's Chambers 6 Station Road Port Talbot

POR011 Barclays Bank 48 Station Road Port Talbot

POR012 62 Station Road 62 Station Road Port Talbot

Former Glan Afan Station Road Port Talbot POR013 School

POR014 Commercial Buildings Talbot Road Port Talbot

POR015 Grand Hotel Talbot Road Port Talbot

POR016 Romily Buildings 42 Talbot Road Port Talbot

POR018 Page's DIY 56 Talbot Road Port Talbot

POR020 Lucania Buildings Talbot Road Port Talbot

POR021 Eagle House Talbot Road Port Talbot

Grange Street Grange Street Port Talbot POR022 Independent Chapel

POR023 St. Agnes Church Forge Road Port Talbot

101 and 109 Pen y 101 and 109 Pen y Cae Road Port Talbot POR024 Cae Road

Riverside Baptist 5 Riverside Port Talbot POR025 Church

POR026 Carmel Church Riverside Port Talbot

52 POR027 Saron Chapel Lletty Harri Port Talbot

Page 89 Appendix A: . Schedule of Buildings of Local Importance

Sandfields East

Ref Name Address Settlement

Concrete Whale and Princess Margaret Way Aberafan Beach SAE001 Penguins

Sandfields West

Ref Name Address Settlement

Sandfields Methodist Western Avenue Sandfields SAW001 Church

SAW003 St. Therese RC Church Southdown Road Sandfields

Taibach

Ref Name Address Settlement

Evangelical Reformed Margam Road Taibach TAI001 Church

Our Lady of Margam Margam Road Taibach TAI002 RC Church

TAI003 Ffrwdwyllt House 2 Commercial Road Taibach

TAI004 Wesley Chapel Incline Row Taibach

TAI005 St. David's Church Ty Fry Road Taibach

TAI008 Taibach Rugby Club Commercial Road Taibach Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

TAI010 Former Smyrna Chapel Smyrna Cottages Taibach

TAI011 40 Commercial Road 40 Commercial Road Taibach

Swansea Valley

Cwmllynfell

Ref Name Address Settlement

Former Ysgol Gynradd Rhiw Road CWL001 Rhiwfawr

CWL003 St. Margaret's Church New Road

CWL004 Cwmllynfell Chapel New Road Cwmllynfell 53

Godre'r Graig

Ref Name Address Settlement

GOD002 168 Graig Road 168 Graig Road Godre'r Graig Page 90 Appendix A: . Schedule of Buildings of Local Importance

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary Ystalyfera

Ref Name Address Settlement

YST001 Gurnos Chapel Main Road Ystalyfera

YST002 St. David's Church St. David's Road Ystalyfera

YST006 Capel Caer Salem Cyfyng Road Ystalyfera

YST007 Wern Fawr Inn 47 Wern Road Ystalyfera

YST008 45 Wern Road 45 Wern Road Ystalyfera

YST009 Jerusalem Chapel Wern Road Ystalyfera

54

Page 91 Appendix B: . Canals BLI List

Appendix B: Canals BLI List

B.1 Swansea Canal

The BLIs associated with the canals are listed in the tables below by electoral ward, in the order in which they occur along each canal. All other BLIs are listed separately in Appendix A. The full schedules giving details of each canal BLI, together with Listed Buildings and Scheduled Monuments along the canals are in a separate document: 'Schedule of Designated Canal Structures'(17).

Swansea Canal

Ref: Name Address Settlement

Trebanos

SCA001 Trebanos Lock 8, The Green Trebanos overbridge and Lock 9

Pontardawe

Ynysmeudwy Lower Ynysmeudwy Road Ynysmeudwy SCA002 Lock (12) and Lengthman's Hut

SCA003 Ynysmeudwy Upper Ynysmeudwy Road Ynysmeudwy Lock (13)

Godre'r Graig

Cilmaengwyn Cilmaengwyn Road Cilmaengwyn SCA004 Overbridge Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

Cwm Tawe Isaf/ Cilmaengwyn Road Cilmaengwyn SCA005 Cilmaengwyn Upper Lock (14)

SCA006 Lock 15 Adjacent A4067 Godre'r Graig

SCA007 Lock 16 Adjacent A4067 Godre'r Graig

SCA008 Lock 18 Adjacent A4067 Godre'r Graig

Ystalyfera

High level rock cutting Rear of Cyffyng Road Ystalyfera SCA010 for canal

55

17 Schedule of Designated Canals Structures (LINK)Page 92 Appendix B: . Canals BLI List

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary B.2 Tennant Canal

Tennant Canal

Ref: Name Address Settlement

Coedffranc West

Railway embankment Pant y Sais Jersey Marine abutments and two TCA001 railway overbridges

TCA002 Railway overbridge Adjacent Llandarcy Gas Depot Llandarcy

Arched railway Neath Abbey Wharf Skewen TCA003 overbridge

Cadoxton

TCA004 Railway overbridge Adjacent A465 dual carriageway Cadoxton

TCA005 Canal Overbridge South west of Bett's Nursery Cadoxton

B.3 Neath Canal

Neath Canal

Ref: Name Address Settlement

Briton Ferry West

NCA001 Saltings Overbridge Giants Grave Tip Briton Ferry

NCA002 Railway Overbridge Cwrt Sart Briton Ferry

Neath East

NCA003 Galve Bridge Milland Road Melincrythan

Tonna

NCA004 Railway Overbridge Dulais Fach Road Tonna

NCA005 Pont y Gwaith Bridge Off B4434 Tonna

Craig Ynysnedd Lock Off B4434 Tonna NCA006 (Lock 2)

Resolven

56 Whitworth Lock Cyd Terrace Clyne Overbridge, Whitworth NCA007 and Gitto Locks (Locks 3 and 4)

Aberdulais

NCA008 Ynysbwllog Bridge Ynysbwllog Farm Ynysbwllog Page 93 Appendix B: . Canals BLI List

Ref: Name Address Settlement

Resolven

Ynysarwed Lock South Edwards Terrace Abergarwed NCA009 (Lock 5)

Ynysarwed Lock North Abergarwed Abergarwed NCA010 (Lock 6)

NCA011 Farmers Lock (Lock 7) Off B4242 Resolven

Resolven Lock (Lock South of B4242 Resolven NCA012 8)

NCA013 Ty Banc South of B4242 Resolven

Glynneath

NCA014 Crugau Lock (Lock 9) South of B4242 Rheola

NCA015 Rheola Lock (Lock 10) South of B4242 Rheola

Canal Aqueduct over South of B4242 Rheola NCA016 Rheola Brook

Ynys yr Allor Lock Ynys yr Allor Pentreclwydau NCA017 (Lock 12)

Maes Gwyn Lock (Lock Maes Gwyn Pentreclwydau NCA018 13)

Pwllfaron Lock (Lock Pwllfaron Aberpergwm NCA019 14)

Granary Lock (Lock Adjacent to B4242 north of Ysgwrfa Aberpergwm Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019) NCA020 15) Bridge

NCA021 Chain Lock (Lock 16) Opposite Chain Road Aberpergwm

Fox's Lock (Lock 17) North of B4242 adjacent to Manor Aberpergwm NCA022 Road bridge/gateway

57

Page 94 Appendix B: . Canals BLI List upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary

58

Page 95 Appendix C: . Procedure for Identifying BLIs

Appendix C: Procedure for Identifying BLIs

Exclude all:

Listed Buildings Scheduled Monuments

Examples of types of Building/Structure to be assessed:

Churches and Chapels Pubs Halls Libraries and other public buildings War memorials, statues, fountains etc. Traditional shops/shopfronts Industrial heritage, railway/tramway structures, canal structures etc. Distinctive/important examples of local building types and styles

Qualifying Characteristics

LDP Policy BE2 defines BLIs as '…buildings that are of local historic, architectural or cultural importance'. The supporting text for the policy states:

'Buildings may be significant for architectural reasons, giving character and sense of place to local centres and settlements, or may be of particular local historic or cultural importance'.

Criteria for Selection(18) Supplementary Planning Guidance: The Historic Environment (Consultation Draft - January 2019)

In order to qualify for designation as a BLI, a building has to meet at least three of the five selection criteria listed below. The criteria that the building is considered to meet are shown on the draft BLI schedule entry. The selection criteria are:

1. Architectural Interest - Buildings and structures which are of importance to Neath Port Talbot for the interest of their architectural design, decoration and craftsmanship; also important examples of particular building types and techniques. 2. Historic Interest - Buildings and structures which illustrate significant aspects of Neath Port Talbot’s social, economic, cultural or military history. 3. Historical or Cultural Association - Association with the community’s important people or events or having had an important role in the cultural life or development of the community. 59

18 Adapted from Vale of Glamorgan ‘County Treasures’Page SPG. 96 Appendix C: . Procedure for Identifying BLIs

upeetr lnigGiac:TeHsoi niomn Cnutto rf aur 2019) January - Draft (Consultation Environment Historic The Guidance: Planning Supplementary 4. Group/Settlement Character Value - Where local buildings comprise an important architectural or historic unity or make an important contribution to the character of a settlement. 5. Old or Rare Local Buildings - Buildings/structures that may have been altered too much to warrant being included on the national statutory list but are of a rare type locally or retain historic character or interest.

60

Page 97

Page 98 Local Development Plan Cynllun Datblygu Lleol

www.npt.gov.uk/ldp Page 99 This page is intentionally left blank Agenda Item 6

NEATH PORT TALBOT COUNTY BOROUGH COUNCIL

Regeneration & Sustainable Development Cabinet Board 7 December 2018

Report of the Head of Property & Regeneration Simon Brennan

Matter for Information

Wards Affected: All Wards

Delivery of Community Benefits in Relation to the Strategic School Improvement Programme and the Welsh Government’s 21st Century Schools initiative.

Purpose of the Report

1 To provide Members with a report on outputs and results from the delivery of community benefits throughout the construction phases of Ysgol Gyfun Ystalyfera Phase 2, Ysgol Carreg Hir, Ysgol Bro Dur and Ysgol Cwm Brombil.

Executive Summary

2 Between March 2017 and July 2017 four schools began the construction phase following a tender process carried out the through the South West Wales Regional Contractors Framework (SWWRCF).The framework is a collaborative agreement by the local authorities of Neath Port Talbot, Swansea, Carmarthenshire and Pembrokeshire to tender contracts linked mainly to Wales’ 21st Century Schools Programme.

Background

3 Neath Port Talbot County Borough awarded contracts totalling almost £60m for the construction of the four schools. Contracts were awarded for Ysgol Gyfun Ystalyfera Phase 2 to Dawnus Construction Ltd (£3.6m), Ysgol Cwm Brombil to Bouygues UK Ltd (£30m), Ysgol Bro Dur also to Bouygues UK Ltd (£19.3m) and Ysgol Carreg Hir to Kier Construction (£7m). The developments were jointly funded from the Welsh Government’s 21st Century

Page 101 Schools and Education Initiative and from Neath Port Talbot Council’s Strategic School Improvement Programme.

4 As part of the conditions of the South West Wales Regional Construction Framework, local authorities include “targeted recruitment and training” outputs as a “core” requirement of the tenders issued to support the delivery of social, economic and environmental activities and to promote the well-being of the local and wider economy

5 The builds were managed by the in-house Architectural Services Project Management Team of Neath Port Talbot Council’s Property and Regeneration section and the contracts were completed on time and within budget.

6 The Council’s Community Benefits Officer, the Economic Development Team and Workways+ project worked closely with all four contractors throughout the construction phase to engage local businesses in the opportunities afforded by such major projects and to identify recruitment, training and work experience opportunities for local people

7 Contracts totalling just under £25m were awarded to businesses based in the South West Wales area. In addition to this, companies based elsewhere in Wales secured just over £22m worth of work, meaning 87% of the contracts were awarded to businesses in Wales.

Image: Ysgol Bro Dur and Ysgol Cwm Brombil Meet the Buyer Event

In line with the Council’s Well Being Objectives and the National Well Being Goals the following outputs were achieved:

Page 102  420 people from Neath Port Talbot worked on the projects of which 127 were helped to get back into work  78% of staff working on site came from the South West Wales Region  1612 completed training weeks for local apprentices, trainees and work experience opportunities  51 Work Experience Placements – 32 in education and 19 not in education  Over 550 hours of STEM (science, technology, engineering, mathematics) school engagement with 3500 pupil interactions

Case Studies

Steffan who lives locally was studying for his BTEC Level 3 Diploma in Civil Engineering at Neath College, and started working for Dawnus during his summer break in 2017 on a paid 6 week work placement. His placement involved working as a labourer on the Ystalyfera School site, working closely with the site and plant operatives. As a result of his hard work and enthusiasm he was offered a permanent role on the Ystalyfera project and worked as part of the site operative team, attending college two days a week to complete his BTEC course. Dawnus were so impressed with his work they put him forward for the Dawnus Engineering Apprentice Scheme, which he will start when he completes his current course.

Jozef who lives in Neath Port Talbot and was not in education, employment or training (NEET) had a work trial with Kier labouring on the Ysgol Carreg Hir site. The painting and decorator contractor on site noticed how hard he was working and offered him a painting and decorating apprenticeship. Jozef is now enrolled in college and enjoying learning new skills.

Mike was on a Workways+ paid work placement on Ysgol Bro Dur and Jamie was on a Workways+ work experience course on Ysgol Cwm Brombil, both were subsequently taken on by contractors working on site.

Page 103

Port Talbot Women’s Aid Social Enterprise arm set up a canteen on the Ysgol Cwm Brombil site creating 3 jobs a catering assistant, cook and cleaner. They also provided cleaning staff for Ysgol Bro Dur and Ysgol Carreg Hir.

Kier carried out concrete works to local dementia charity Me,Myself and I in Briton Ferry as part of their Ysgol Carreg Hir community initiatives. The existing path leading to the main entrance of the centre was uneven and weathered causing problems for people who use the centre especially in the evening. Repair works were carried out to the path and all who attend the charity are very happy with the result.

Financial Impact

8 There are no financial impacts associated with this report

Equality Impact Assessment

9 The Council’s Architectural Services Project Management Team and Economic Development Teams work in partnership with appointed contractors and their supply chain to deliver community benefits on major developments within Neath Port Talbot. In addition, on some occasions, this work occurs on projects located within the wider Swansea Bay City Region

Page 104 10 The Neath Port Talbot Employer Support Group, a collaboration of local employment support organisations and projects, is used to coordinate the delivery of community benefits. This leads to initiatives such as Workways+, the Cynnydd and Cam Nesa Projects and Communities For Work being used to support disadvantaged individuals to help them tackle barriers to employment.

11 This approach to delivering community benefits has been successfully developed by the Regeneration & Economic Development Unit over the past few years. It has proved to be beneficial by securing work for local contractors and identifying employment opportunities for local people

Workforce Impacts

12 There are no workforce impacts associated with this report

Legal Impacts

13 To support the discharge of duty placed on the Council, as contained within the Well-Being of Future Generations Act in terms of “improving the social, economic, environmental and cultural well-being of Wales”.

Risk Management

14 There are no risk management issues associated with this report.

Consultation

15 There is no requirement under the Constitution for external consultation on this item.

Recommendations

16 That the report be noted

Reasons for Proposed Decision

17 Matter for monitoring, no decision required

Page 105 Implementation of Decision

18 Matter for monitoring, no decision required

Appendices 19 21st Century Schools Community Benefits Infographic

Officer Contact

20 Claire Roach Community Benefits Officer 01639 686427 [email protected]

21 Julie Davies Business Services Co-ordinator 01639 686069 [email protected]

Page 106 Community Benefits—The Statistics

2,700 127 1,612 41 10,764 Targeted Recruitment & Number of local people No. of training weeks for Construction Careers, Pupil Engagements Training Weeks helped into work local apprentices, trainees & Information & Events work experience Page 107 Page

554 £25m 3,200 1 51 No. of hours of educational Awarded to businesses in the people worked across Social Enterprise Work Placements activities linked to STEM South West Wales Area the sites, 78% of supported for subjects People in Education/ them from Wales Not in Education This page is intentionally left blank Agenda Item 7

NEATH PORT TALBOT COUNTY BOROUGH COUNCIL

REGENERATION AND SUSTAINABLE DEVELOPMENT CABINET BOARD

7 DECEMBER 2018

REPORT OF THE HEAD OF LEGAL SERVICES – C GRIFFITHS

MATTER FOR DECISION WARD AFFECTED: YSTALYFERA

Alleged Public Footpath from Clare Road to Alltygrug Road Community of Ystalyfera

Purpose of the Report

To determine the application that alleges the existence of public footpaths as shown on Plan no.1, between Clare Road and the lane to its rear to Alltygrug Road.

Background

1.1 The application was received in 2013 to recognise a public path commencing between house No’s 25 and 27 Clare Road, Ystalyfera. The path is shown on the plan no.1. The path initially proceeds along a grassy rough track from point E – A1 before passing along the lane from A1-B which provides vehicular access to the rear of some of the properties on Clare Road

The claimed paths continue from points A and B which both pass over what is now an overgrown field, to merge at a field boundary at point D. The route continues through another overgrown field to emerge on Alltygrug Farm Road at point C.

1.2 The provisions of the Wildlife & Countryside Act 1981 place an obligation on the Council to investigate such application. Those provisions are reproduced at appendix 1. The current application is based on the presumption that the long term uninterrupted use has given rise to the paths having been dedicated to the public by the previous landowner.

Page 109 The relevant provisions of section 31 of the Highways Act 1980 is set out in appendix 2.

The Twenty Year Relevant Period

2.1 When an application is based on user evidence it is necessary to calculate the relevant minimum 20 year period which is the time over which the claimants alleges they have enjoyed such uninterrupted use. This requires identifying a date when the alleged right of the public to use the way was called into question and then count 20 years back from this date.

2.2 Whilst the application was made in 2013 there is general consensus that it was when the current owner purchased the land in 2010 that the issue over whether the public had the right to walk these paths arose. However two people have said they continued to use the path after 2010 until it became too overgrown. The current owner contends that in 2010 the field was already overgrown.

2.3 Thirty five people completed user evidence forms, five of whom are now deceased. One other is no longer at her previous address and cannot be contacted. Thirteen people have been interviewed and apart from five of those interviewed, all have claimed to have walked across the fields, either from points A and B, or only via point B, for a total of twenty years counting retrospectively from 2010. One of the joint current owners has also been interviewed and objects to this application.

2.4 Those interviewed have confirmed their access was first blocked in 2010, with one person saying he had been confronted by the current owner after 2010 when continuing to use the paths. Consequently the relevant period can be taken to be 1990 – 2010.

The various sections of path between E-A1-A-D-C and E-A1-B-D-C, E-A1-B1-D-C

3.1 Given some people have used different points of access and this Council’s obligation to consider all available evidence, the three different routes A-D-C, B-D-C and B1-D-C are considered. The lengths E-A and D-C are common to all three lengths of path.

The Path E-A1-A

Page 110 3.2 All thirty five people have stated they have used this length of path as shown on the plan attached to their user evidence forms. Four people said that there used to be a metal footpath sign positioned at point E which is alongside a telephone kiosk. None can recall when it was removed.

The Path A-D

3.3 Twenty six people have claimed this length of path as shown on their user evidence forms. The same four people stated that there used to be a metal footpath sign on Allt Y Grug Farm Road at point C.

Of those interviewed three people said there used to be a gate at point A, one said there was a stile alongside this gate which he thought fell into disrepair in about 1979, yet two others said there was only a stile at point A. Two people said they believed the stile remained in position until sometime in the 1990’s.

Five people were unable to comment on whether the stile was still in place during the relevant period and the sixth considered it was in position in 1979 contrary to the above. Three said the fence was occasionally repaired when sections had deteriorated and so there would have been periods when the land was accessible without any stile or gate. However, no one could be specific as to when and for how long this fence would have remained in situ to enclose the field completely. Three people did not recall any gate or stile at point A when interviewed, yet two of whom said one did exist when completing their user evidence forms.

3.4 Reasons given for use by two were to walk or be taken to the Infants School referred to earlier, (shown on plan No. 1) although these two people are referring to a period prior to 1990. Four others mentioned the path was used by children who lived north of point D and attended the Infants School or Junior School. Alternatively to walk further than these schools either to attend Ysgol Gyfun located in the centre of Ystalyfera or to catch a bus to attend Cwm Tawe Comprehensive School. Other reasons for use included one who said he used to deliver mail in the area, one said to pick blackberries or nuts, and another said to walk the dog.

3.5 Five aerial photographs of the two fields have been obtained and dated 2000, 2004, 2009, 2012 and 2013. None show any obvious and worn path commencing at point A and proceeding in a northerly direction to

Page 111 point D as claimed. There are some shorter lengths of track in the field but their points of termini start and end within the field, as opposed to starting and ending at points A or D. The 2009 photograph shows two paths commencing on the rear lane but not at point A, neither of which proceed to point D.

3.6 One of the previous tenants of the field between points A-D grazed horses during the period 1958-1968. She considered the lease required she and her husband to secure the land with a fence and to keep the culvert clear; they also installed a gate at point A in order to be able to bring their horses in and out of the field. This former tenant also said that the agents required them to keep access open through the field.

3.7 The applicant stated that the lease required all previous tenants of the field, of which he thought there were at least three, to provide stiles at both points A and B so that the public could pass through. However the agents for the previous landowner prior to its sale in 2010 stated in 2016 that there was no provision in the lease for public access.

B-D

4.1 The second entry point identified in the application is positioned to the north east of where a small stream joins the lane. Nineteen people identified this access point on their user evidence forms. Of those interviewed two said there used to be a stile at this location, one could not recall when it disappeared, the other said it remained in place into the 1990’s.

4.2 The reasons for using this path duplicate the reasons given for walking A-D. However, if the stream referred to, was in full spate walking from point B would avoid the need to cross over the stream if walking from point D.

4.3 The five aerial photographs mentioned in paragraph 3.5 above, all show a worn area of ground at about point B. It is possible to make out a path extending to point D in those photographs of 2004, 2009 and 2012, two of which being within the relevant period. Vegetation does partially obscure the path where it lies close to point D.

4.4 Seven of those interviewed said there was a stile at this point but none were clear as to when it disappeared.

The Path D-C

Page 112

All thirty five claimants have identified this route. Six people said there was a stile at point C, and two said it was a kissing gate. The precise line of this claimed public footpath is particularly well shown to its full extent in the 2004 aerial photograph. This line has been used to show its alignment on the plan attached to this report. There is no discernible variation to that alignment by superimposing the path depicted in the other four aerial photographs. The thirteen who were interviewed stated the path varied little over the time they used the path.

Points B1-D

5.1 A third access point from the rear lane at B1 has been identified by nine people on their user evidence forms. Four said there was a stile positioned just south west of the point the stream meets the lane. One said it remained here throughout the 1990’s, another stated it lasted into the 1990’s, but was no more specific.

5.2 Two of those people made use of this access point either from the rear of their properties and two did so in the context of visiting their relatives whose houses also enjoyed rear access onto the lane. For the remaining five it was their preferred access point. According to two, it was the only access point into and out of this field as they did not recall seeing any gate or stile at point B.

5.3 The applicant stated that this stile was installed prior to 1985 by a resident of Clare Road so that he could access the field to burn his garden rubbish. He also thought this stile fell into disrepair by about 2010. However the applicant does not consider this to be the correct starting point for either of the two public paths.

5.4 No worn line or path appears at point B1 on any of the aerial photographs.

Summary

6.1 Five people when interviewed said they only used the access at point A and that there was no other access available. Three conversely did not recognise any access at point A, but only used the access at B1.

6.2 Twenty six have supported the path commencing at point A, nineteen support access via point B and nine via point B1.

Page 113

Evidence against the Application

7.1 Of those thirty six who originally supported this application, six can no longer continue to support this claim (five are deceased and one no longer at her former address) leaving thirty claimants. Of these, nine can access the paths, whether it be via A, B or B1 from the rear of their properties on Clare Road.

7.2 The agent acting for the landowner has indicated that when her client purchased the land to include this rear lane, the residents of Clare Road were informed they had permission to access their properties from this lane.

7.3 One supporter of this claim but who does not live in the area, also makes use of the rear access from a property on Clare Road when visiting his relative. Another four people can access the first field (A/B- D) directly from the rear of their properties on Allt Y Grug Road. This means there is no reason or need for these fourteen to commence walking the path from a public highway. As such their use cannot be regarded as representing the public at large as other members of the public could not access the path from those properties. Their use is more akin to the enjoyment of a private right. Therefore in terms of providing user evidence, their contribution would have to be discounted. Nonetheless, their evidence of the existence, condition and position of the path, location of stiles, gates, fencing and the history of the site would be relevant.

7.4 The second issue is to consider whether the remaining sixteen who have supported the claim can also be said to represent the public at large. The question being whether they would constitute a special user group as defined in more detail in Appendix 3. That is a number of people who whilst they may not access the path directly from their houses, still live in close proximity to the path which is the reason why they would use the path rather than some who live further away.

7.5 There are some three persons who fall into this category, this leaves thirteen although there is another person as part of this thirteen who uses the path to visit relatives but it is not known whether he also accesses the path from the rear of one of the houses on Clare Road.

Page 114 7.6 Of the thirteen, four were interviewed, (six were also asked several times but did not respond). However, only two of those interviewed claim to have accessed the path via points A and B as specified in the application, the other two said they had walked via point B1 and were unaware of any other access point into the field from the lane to the rear of Clare Road.

7.7 So out of the thirty six people originally supporting this application, only two people who could be said to represent the general public in their user evidence and who after being interviewed can provide first hand evidence of their use of the two paths that have been made the subject of this claim.

7.8 The current landowner stated that when she purchased the land it was overgrown and she replaced the dilapidated fence by the one that is present today. She understood from the agent for the previous owners that no horses had been grazed on the land since 1997 which is why the vegetation grew to the extent stated and the land became inaccessible.

7.9 She also noted that on her purchase of the land someone cleared the lane between points E and A to take their 4 wheel drive vehicle this way, so that even this length of path was inaccessible in 2010.

Other Evidence

8.1 One witness said her daughter used the paths to gain access to the two schools at the end of Clare Road as well as to catch a bus to travel to one of the Secondary Schools. This daughter also provided that evidence from 1997 – 2003. Another recalled doing so when he was young but before the relevant period and three others said it was used by pupils for this purpose.

8.2 Four people stated that there were metal footpath signs both at point E and C although no one can recall when they were either moved or fell into disrepair, nor for how long they existed. This does not in itself establish whether a public right exists but suggests that whoever was responsible for installing these signs assumed such a right did exist. Alternatively it is also possible that the signs were removed by the previous landowner on the basis that no such right did exist.

8.3 The applicant and one other long term resident wished to point out that the claimed public path forms a continuation of public footpath No. 161 which connects Allt Y Grug Road to Clare Road. Footpath 161 itself

Page 115 also provides a further extension from footpath 161 to Millborough Road. These two paths are shown on plan No. 1. It has been suggested therefore that it is only logical that the claimed path be considered.

8.4 The Local Member has also confirmed that he assumed the path E-A1 was an extension of footpath no 161 and given he lives adjacent to the field A-D has used the section of path E- A1 regularly since 1997 to access his house. However he has not used any of the paths claimed A- D-C nor B1-D-C and B-D-C. He is also not aware of the public using the gate at point A but also wished to add that he recalls a metal footpath sign at about point E.

Conclusion

Route E-A-B-D-C

9.1 Whilst thirty six people originally supported this application seventeen have to be eliminated as witnesses who can provide user evidence, leaving twelve or thirteen who could represent the public at large.

9.2 Only two of those who would be interviewed out of the four who responded could show sufficient long term use of the paths as claimed during the relevant period (i.e. A/B-D-C and A-D-C).

9.3 In addition there are nine other potential witnesses who could be said to represented of the public at large but have not responded to requests for further information.

9.4 There is some further evidence that these paths were used by school children (one witness could testify to her use as a pupil from 1997-2003).

9.5 Metal footpath signs at points E and C, the location of stiles at point C and the paths continuation from footpath No. 161 provide some supporting evidence.

9.6 Further evidence of the use made by those living close to the paths said the paths were easy to access until 2010, confirmed the evidence of others including school children using the path also gives some weight to the validity of this application. Also confirmation of the existence of stiles at points D and C.

9.7 The landowner’s contention that the fields and the lane (E – A) were overgrown is evidently disputed by the claimants; particularly all those

Page 116 interviewed. The aerial photograph taken in 2012 does show a route along most of the line of path as claimed via B-D. The photograph cannot reveal information as to what existed under the canopy of trees nearer point D. A route is clearly seen from the 2009 photograph, suggesting people were making their way via this path even if as suggested, the vegetation had not been grazed or trampled by horses since 1997.

9.8 The test to be applied in considering whether to agree to the application is to consider whether it is either:

a) “Reasonable to allege a public path exists” as highlighted in sub section to the 1981 Act (Appendix 1). This is less onerous than having to decide if;

b) A public path exists on the balance of probability.

The evidence of the additional nine people would be required if the matter was to be tested at any subsequent tribunal, but it is difficult to avoid the conclusion that uninterrupted access has been enjoyed throughout the period claimed via this route. Therefore it is recommended that a modification order should be made to show the path E-A-B-D-C on the Definitive Map and Statement.

Route A-D-C

There is less consistency with the evidence particularly as three have stated they do not recall any gate or stile at this location. One of the two interviewed who would represent the public at large said the gate was positioned opposite the lane (or at A1) rather than a point A. There is no indication from the aerial photographs of a clear defined line. Given a path is shown for the route B-D-C, it appears inconsistent that nothing similar is shown for A-D.

Whilst it is evident use has been made of a route from A-D it is unclear if the same line has been in use or whether there has been some variation to the route used between points A and D.

Therefore on the basis the evidence is less consistent and that no single route can be seen from the aerial photographs, it is recommended that no modification order be made to include the length of path A-D in the Definitive Map and Statement.

Page 117

The Path B1-D-C

This path (effectively B1-D) was not the subject of this application. Three people who were interviewed said they had used this access and six others had identified this on the plan attached to their user evidence forms. According to the applicant, one resident placed a stile in the fence so that he could take his garden waste into the field. One of those claimants is deceased but only two users could be considered as representing the public at large in total and one of whom was interviewed. Consequently there is insufficient evidence to show this was used by the public, given the better established access point a matter of 3-4 metres away at point B on the other side of the stream. Therefore no modification order be made for this section for the reasons given

Recommendation

That a modification order be made to recognise a public footpath between E-B-D-A-C and if no objections are made to confirm the same as an unopposed order.

Reasons for the Proposed Decision

A modification order should be made for the length E-A-B-D-C on the basis that it is reasonable to allege such a public path exists;-

(a) There are sufficient numbers of witnesses who could represent the public at large. (b) Evidence that it is a route used by pupils attending the former Infants school and Ysgol Gyfun and Cwm Tawe schools (c) The aerial photographs supporting the existence of the claimed public path. (d) The previous existence of a metal footpath sign at either end of the path, at points E and C. (e) The lack of any evidence that establishes that access was not possible during the relevant period nor that measures were taken prior to 2010 to inform the public that no such right of access existed.

Page 118 No modification order should be made for the route A-D as there is less consistency with the evidence on what structure existed at point A, no evidence from the aerial photographs of a path linking the two points (even though there is clear evidence of the route from B-D,) and that it is unclear if the same line was used between these two points.

Similarly no modification order should be made for the path B1-D, given the applicant does not consider this is the correct starting point for the path, no worn line appears on the aerial photographs. It is unclear whether the stile remained in place during the 1990’s but in any event was absent by 2000

Consultation

The item has been subject to extensive consultation.

Appendices

Plan No.1 Appendices 1-3

List of Background papers

M08/10

Officer Contact

Mr Michael Shaw – Principal Solicitor-Litigation Tel No. 01639 763260 E mail: [email protected]

Page 119 APPENDIX 1 WILDLIFE AND COUNTRYSIDE ACT, 1981

Section 53 Duty to keep the Definitive Map and Statement under continuous review. (2) As regards every Definitive Map and Statement, the Surveying Authority shall: (a) as soon as reasonably practical after commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in Sub-Section 3; and (b) as from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event. (3) The events referred to in Sub-Section 2 are as follows: (b) the expiration, in relation to anyway in the area to which the map relates of any period such that the enjoyment by the public of the way during that period rises a presumption that the way has been dedicated as a public path or restricted byway; (c) the discovery by the Authority of evidence which (when considered with all other relevant evidence available to them) shows: (i) that a right of way which is not shown on the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path, a restricted byway or, subject to Section 54A a byway open to all traffic; (ii) that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description;

Page 120

(iii) that there is no public right of way over land shown in the map and statement as a highway of any description or any other particulars contained in the map and statement require modification.

Page 121 APPENDIX 2 HIGHWAYS ACT, 1980

Section 31. Dedication of way as a highway presumed after public use for 20 years. Where a public way over land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has actually been enjoyed by the public as of right and without interruption of a full period of 20 years, the way is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during this period to dedicate it. For Section 31(1) Highways Act, 1981 to operate and give rise to a presumption of dedication the following criteria must be satisfied: - the physical nature of the path must be such as is capable of being a public right of way - the use must be ‘bought into question’, i.e. challenged or disputed in some way - use must have taken place without interruption over the period of twenty years before the date on which the right is brought into question - use must be as of right i.e. without force, without stealth or without permission and in the belief that the route was public - there must be insufficient evidence that the landowner did not intend to dedicate a right of type being claimed - use must be by the public at large

Page 122 APPENDIX 3 SPECIAL USER GROUPS

(a) The Planning Inspectorate has produced advice on this matter in that they say there is no strict legal interpretation of the term ‘public’. The dictionary definition being ‘the people as a whole’ or ‘the community in general’. Arguably and sensibly that use should be by a number of people who together may be taken to represent the people as a whole/the community. However, Coleridge L J in R -v- Residents of Southampton 1887 said that “’use by the public’ must not be taken in its widest sense - for it is a common knowledge that in many cases only the local residents ever use a particular road or bridge. Consequently, use wholly or largely by local people may be use by the public as depending on the circumstances of the case, that use could be by a number of people who may sensibly be taken to represent the local people as a whole/the local community”. (b) In contrast to this view was the decision made by Lord Parke in Poole -v- Huskinson 1834 who concluded: “there may be dedication to the public for a limited purpose…but there can not be dedication to a limited part of the public”. This case was quoted by an Inspector in 1997 appointed to consider an application to add a public bridleway to the Definitive Map for North Yorkshire County Council. Here the route had also been in use for 40 to 50 years. That Inspector concluded: “In the case before Lord Parke, residents of the same parish were held to constitute a limited part of the public and I therefore believe the inhabitants of the Parish of Cliffs should also be held to constitute a limited part”. The Inspector refused to confirm the Order.

Page 123 This page is intentionally left blank Crown Copyright + Database 2018 Plan No.1 Ordnance Survey 100023392 C Alltygrug Farm Road

D B B1 Clare Road A A1 E

f.p.161 f.p.162 Scale 1 2500 Infants and Junior School Alleged Public Footpaths

Gris Ref SN 7650901

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2018/2019 FORWARD WORK PLAN (DRAFT)

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Rotation Going to Sub Contact Type (Topical, Committee Officer/Head of (Decision, Annual, Before? Service DATE Agenda Items Monitoring or Biannual, Yes/No Information) Quarterly, Monthly) Property Performance Report 2018 Info Annual Simon Brennan

Tai Tarian Local Lettings Policy Decision Topical Angela Thomas 18 Jan

2019

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Rotation Going to Sub Contact Type (Topical, Committee Officer/Head (Decision, Annual, Before? of Service DATE Agenda Items Monitoring Biannual, Yes/No or QuarterlyMon Information) thly) Quarter 3 Performance Monitoring Monitor Quarterly Allison Headon 1 March Rural Development Plan Info Annual Angeline Agenda Item 8 Spooner- 2019 Cleverley Valleys Task & Finish Group Decisions Decision Topical Simon Brennan FLEXIS Update Info Topical PTWEZ Update Info Topical

Regeneration and Sustainable Development Cabinet Board – for meeting 7 December 2018, Officer Contact – Tammie Davies REGENERATION AND SUSTAINABLE DEVELOPMENT CABINET BOARD

Rotation Going to Sub Contact Type (Topical, Committee Officer/Head (Decision, Annual, Before? of Service DATE Agenda Items Monitoring or Biannual, Yes/No Information) Quarterly Monthly) Supplementary Planning Guidance (SPG) Post-Consultation Decision Topical Nicola Pearce Report – ‘The Historic Environment’ 12 April 2019

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Regeneration and Sustainable Development Cabinet Board – for meeting 7 December 2018, Officer Contact – Tammie Davies Agenda Item 11 By virtue of paragraph(s) 14 of Part 4 of Schedule 12A of the Local Government Act 1972.

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