Appendix 1

Cyngor Cymuned Community Council Croesawn ohebu yn Gymraeg a fydd gohebu yn y Gymraeg ddim yn arwain at oedi gormodol. Rhowch wybod inni beth yw'ch dewis iaith e.e. Cymraeg neu'n ddwyieithog

Swyddfa Cyngor Cymuned Community Council Office Canolfan Gymunedol Pontyclun Pontyclun Community Centre Heol yr Orsaf Heol yr Orsaf Pontyclun Pontyclun CF72 9EE CF72 9EE

Ffôn: 01443 238500 Telephone: 01443 238500 E-bost: [email protected] E mail: [email protected] Gwefan: www.pontyclun.net Website: www.pontyclun.net

Draft Minutes

Draft minutes of the Monthly Meeting of the Pontyclun Community Council held at 7.00 p.m. on Wednesday 11th November 2020.

PCC Member attendance at meetings 2019 2020 Member name Oct Nov Jan Feb Mar Apr May Jun Jul Sep Oct Nov Martin Ashford Margaret Griffiths Paul Griffiths Neil Holley Anne Jackson Gwyn Jackson Kate Jones Karan Lane Alison Theaker Carole Willis Mike Davies

Present Gave Apologies Absent

1. To receive apologies for absence – all members present 2. Disclosure of personal and pecuniary interest in items of business listed below in accordance with the Code of Conduct. a. No new interests declared 3. Request to undertake measures to promote Social distancing in Pontyclun a. Council agreed to approach local businesses and conduct an online survey of residents using Survey Monkey to ascertain views 1 Appendix 1 b. Admin Working group to consider responses and make a recommendation to Council c. Clerk to contact Simon Gale at RCT CBC to establish what their process would be any potential timescales d. Action Clerk to arrange online survey; members to speak to local businesses ahead of survey MM720 4. To Confirm minutes of the Council meeting of 14th October 2020 are a true record of the meeting a. Minutes confirmed with 3 amendments – one typo; add the source of grant in paragraph 4a ii and to make paragraph 6c clearer to show we wish to remove fencing, but that RCT would be requested to do so. b. Matters arising i. Members agreed to delegate a budget of £200 to a working group consisting of Councillors Margaret Griffiths; Carole Willis; Anne Jackson and Alison Theaker to arrange a Charitable Gift scheme for Pontyclun in 2020 with the aim of supporting foodbank users in the area. The group will meet on Monday 16th November to discuss and agree arrangements 5. To review Council Payments in October a. Reviewed and confirmed 6. To review Council services during Covid lockdown period a. The Council discussed re-opening Cafe50 to groups i. Whilst Welsh Government guidelines allow opening RCT had written asking us to minimise usage ii. Members decided 1. Café 50 remains closed to social groups and lunch service is suspended 2. RCT CBC 1-2-1 youth support by RCT Youth Services could commence should they wish 3. Our Commercially run active groups could return subject to following our guidelines and Welsh Government guidelines. Clerk to ensure that each group has an appropriate risk assessment in place before allowing return b. The Council decided that should Caretaker be absent over the winter additional hours can be allocated to the Assistant caretaker to undertake specific winter tasks 7. To discussed options for replacing Council photocopier a. Council agreed to purchase existing copier for future use with a service contract for maintenance 8. To discuss report from Economy Working Group a. Council noted the group’s report b. Clerk to contact RCT to see if permission can be obtained for a bench on pavement by Kudos in addition to one which is to be sited by the History sign c. Clerk to provide working group with some design ideas for benches 9. To discuss request to hold Carol service and plant bulbs on Council land a. Council agreed that a Carole Service can be held in our Car Park subject to complying with Welsh Government guidelines b. Council asked that Scouts contact Pontyclun Environment Group regarding litter picking and Richard Wistow of RCT Council regarding bulb planting 10. To discuss the RCT CBC review of Local Development plan a. Members noted that this process had now started and that we would be consulted appropriately in due course

2 Appendix 2

Cyngor Cymuned PONTYCLUN Community Council

Council payments summary 1. List of Payments made in November is attached in appendix 3a for confirmation and noting 2. The large payment to JPM Ltd is a part payment for the automated door at Café 50. Approx £1k has been held back pending a few minor changes required to the fit

Action –

 Council to note & confirm payments made in November

3 Date: 02/12/2020 Pontyclun Community Council Page 1

Time: 08:41 Current Bank A/c General

List of Payments made between 01/11/2020 and 30/11/2020

Date Paid Payee Name Reference Amount Paid Authorized Ref Transaction Detail

02/11/2020 C.B.C. DD 41.17 Trade Refuse Nov'20 02/11/2020 Rhondda Cynon Taf C.B.C. DD 41.17 Trade Refuse Nov'20 02/11/2020 Screwfix Direct Ltd DD 47.99 CCaretaker Safety Boots 02/11/2020 Screwfix Direct Ltd DD 67.92 Maintenance Materials 02/11/2020 PEAC UK LTD DD 226.82 Pcopier 01/11/20 to 31/01/21 04/11/2020 Tesco BCARD 78.01 Fuel for Community Van 04/11/2020 B&Q BCARD 47.00 Flowering Bulbs 04/11/2020 lights4fun BCARD 115.00 Xmas Fairy Lights 04/11/2020 Amazon Marketplace BCARD 2.85 A5 Diary 2021 04/11/2020 Trent Plastics Fabrications BCARD 50.26 Corrugated Fluted Sheet 04/11/2020 The Plastic Shop BCARD 76.70 Coloured Plastic Sheets 05/11/2020 British Telecom DD 59.99 Office Phone+Broadband Oct'20 05/11/2020 Metroplan Ltd FPO 301.63 Noticeboard BS 10/11/2020 Virgin Mobile DD 8.40 Assist CCaretaker Mobile Phone 11/11/2020 Rhondda Cynon Taf C.B.C. FPO 303.00 Ivor Woods Sign 11/11/2020 LITE Ltd FPO 343.20 Xmas Lights 11/11/2020 JMP Ltd FPO 4,000.00 Cafe 50 Door+Installation 16/11/2020 British Telecom DD 6.00 Caretaker Mobile Nov'20 18/11/2020 RCTCBC FPO 1,543.33 Er+EE Pension Conts Nov'20 18/11/2020 P K Safety FPO 55.44 Disposable/Needle Gloves 20/11/2020 P A Williams 005534 80.00 Community Xmas Tree 20/11/2020 Amberol Ltd FPO 58.20 Barrier Basket Liners 23/11/2020 HMRC BP 1,004.35 Tax+NI Conts Nov'20 25/11/2020 Swalec DD 10.59 02 Oct'20 to 02 Nov'20 25/11/2020 Rhondda Cynon Taf C.B.C. DD 166.00 Car Park Rates Nov'20 27/11/2020 Auditing Solutions Ltd FPO 270.00 Interim Audit 2020/21 27/11/2020 Lloyds Bank PAY 5.00 10 Sept'20 to 09 Oct'20 30/11/2020 Martin McColl VISA 8.00 Christmas Cards 30/11/2020 Toshiba Tec UK Imaging Systems DD 43.59 PCopier Useage 10/07 to 02/10

Total Payments 9,061.61

4 Appendix 3

Cyngor Cymuned PONTYCLUN Community Council

Council services in Covid 19 constraint period

With Government regulation/ guidelines in place relating to Covid 19 in taken steps to protect our staff and residents from potential infection. We are closely looking at and following RCT CBC practice and relevant government advice, updating as things change.

Action required – members to review position on Café 50 groups and decide actions to take

Café 50

• Café 50 has been closed to all groups since March • The new Welsh Government regulations allow us to reopen Café 50 and for organised groups of up to 15 to meet. This applies for all our groups including the active ones. • Following a request from RCT the Council decided last month that we would not open to groups except those that are effectively run as Businesses and for 1-2-1 Youth Counselling by RCT Youth services o Of these groups ▪ The Children’s Taekwondo group advise they have found alternative location where classes will be held from New Year but will meet on 10th and 17th at Café 50. We have seen their Covid guidelines ▪ The Saturday Yoga class will restart in January with a possible second session on Thursdays ▪ No information from the others – Mature Movers and RCT Youth Services • Over 90% of our users come from the Pontyclun// area. Since last meeting the overall cases in this area are largely unchanged though there is a reduction to about 125 per 100k residents across Pontyclun/Llanharry and increase to 220/100k in Llantrisant/ (as at w/ending 29 Nov). Overall cases across RCT and & Vale Counties are now increasing again and the Welsh Government has recently applied new restrictions on hospitality and entertainment industry • As the position is not materially different from last month the Clerk recommends that we leave position as is and review again in January. • Action o Do members wish to reopen Café 50 on a wider phased basis with effect from beginning of January or retain existing policy to only allow the above groups and review again at the January Meeting

Parks

• Ivor Woods has remained fully open at all times • The Park and Playground are fully open since 20th July

Office

• The Council Office is closed to walk in visitors though we are available to meet on a prebooked basis since September – so far, no meetings have been requested

5 Appendix 3

• We plan to close the Council Offices from Monday 21st December to Friday 1st January (inclusive), reopening on Monday 4th Jan. Office staff will be on holidays during this time, though e-mails and phone messages will be checked periodically over the holidays • When Café 50 reopens we will reopen the Office to general public at the same time as staff will need to be on site to help supervise.

Public Toilet

• Public toilet reopened in late July and remains open • We are currently cleaning twice a day. Usage continues to be low – estimated 10-20 people a day • Due to staff holidays we normally close the toilets between Christmas and the New Year. If the main caretaker is away following his operation, the Public Toilets closure will be matched to the same 2 weeks as the Office

Other Outside work

• We are now in Winter season where Ray only works one day a week • The main caretaker has not had a confirmed date for his operation. If it is within next 2 weeks, he will be away until early March at the earliest we will focus on urgent and priority work. If the operation is delayed into January, his return will not be till April and this will then impact the work that is done in the Spring. • We are liaising with Ray as to additional hours for specific tasks such as painting Floral tubs

6 Appendix 4

Cyngor Cymuned PONTYCLUN Community Council

Pontyclun FC – disabled facilities review

Pontyclun Football Club (PFC) is affiliated with the Football Association of Wales (FAW). One of the requirements of this registration is the need to consult with local disability groups about the following;

Criteria item 1.21 – Facilities for spectators with disabilities Clubs in consultation with a local disability group (or Level playing field for example) must have undertaken a review of its own procedures with regard to the level of service it provides for spectators with disabilities.

Ideally they would like us to provide contact details for local disability groups who could do this, however in the absence of any are asking if we would be willing to support their review

In particular, there are two things that they are asking for –

1. Review of the Pontyclun Club facilities – a meeting to take place at the ground to review and share ideas and consideration of how we could potentially make improvements/alterations for it to be more inclusive. This would include a look at the physical infrastructure, the facilities, the safety and evacuation policies we have and any other items arising. 2. Advice or guidance – we welcome suggestions from any working groups with disabilities that the PCC may have links with as to how to improve the level of service offered at PFC from a spectator perspective or should something arise in your CC meetings.

Action – Members to consider how best the Council can support this request

7 Appendix 5

Pontyclun Community Council 9 December 2020

Report of the Administration Working Group

The Administration Working Group met on 18 November. Recommendations 1. The Council notes the outcome of the consultation on the use of parking bays in the town centre during the period of Covid 19. 2. The Council considers how to take forward the draft consultation document on the Pontyclun Place Plan which is in Annex A

Background Parking Bays At the Council meeting on 11 November the Council considered the proposal from a resident to use the parking bays in the town centre for pedestrian access only in order to make pedestrian movement safer during the pandemic. The Council commissioned consultation among residents using Facebook and survey monkey; as well as direct consultation with potentially affected businesses. The Working Group noted the results of the consultation. Over 200 residents responded and around 70% wishes to retain the parking bays. 6 businesses responded and 4 wished to retain the parking bays. The Working Group recommends that the parking bays are retained and that posters are displayed which encourages the use of facemasks and courtesy among pedestrians. Place Plan The Working Group considered discussed the impact of housing development alongside the A4119 and development to the south of the community in

8 Appendix 5

Talygarn, noting developer interest in both areas. It recommends that the Place Plan consultation should ask whether development alongside the A4119 had less impact if the dual carriageway was improved. The Working Group considered that the consultation should take place in Spring 2021. A draft of the consultation document should be forwarded to the Council for consideration. The questions in the consultation document need to be transferred to Survey Monkey.

9 Appendix 5a

Pontyclun Place Plan

A Public Consultation

Pontyclun Community Council is starting a conversation with Pontyclun residents and businesses with the aim of setting out a vision of how Pontyclun should develop in the coming decades. Pontyclun is defined to include Talygarn, Brynsadler, Ynys Ddu, Hendy, , Mwyndy and Groes Faen This consultation document is intended to help that conversation take place, helping us to develop conclusions and proposals for our future

Working with local residents Pontyclun Community Council intends to produce a Pontyclun Place Plan. We will use our ‘place plan’ to influence the decisions of our partners in Rhondda Cynon Taf County Borough Council, Cwm Taf Local Health Board, Transport for Wales and Welsh Government. RCT Council is beginning a review of its Local Development Plan. It has already invited landowners to offer land that they may wish to see developed. There will be consideration given to potential development sites in Pontyclun. One purpose of the Community Council’s ‘Place Plan’ will be to influence the future Development Plan for the whole County Borough.

10 Appendix 5a

Growth of Residential Settlement

In the 2011 census 8000 people were living in Pontyclun. Pontyclun doubled in size between 1980 and 2000 but no development has taken place since 2000.

Prior to 1850 Very few existing buildings precede 1850. They include the Mill House in Brynsadler. 1850 to 1900 In this period, following the arrival of the railway, settlement took place along Llantrisant Road and Cowbridge Road through to Brynsadler High Street, in the centre of Miskin and in the centre of Groes Faen 1900 to 1950 Settlement took place around the Athletic Club, Park Crescent, Talygarn and Cefn yr Hendy 1950 to 2000 Settlement took place in Maesyfelin, Rhydynant, Brynsadler, Ynys Ddu, Cefn yr Hendy, Miskin and Groes Faen Post 2000 A planning consent has been given for a further 460 dwellings on Cefn yr Hendy

11 Appendix 5a

Future Housing Settlements

When there was a recent application to develop further housing in Cefn yr Hendy there was much local opposition on the grounds that the infrastructure was inadequate to support further growth. In particular, the A4119 was over-congested, school provision was inadequate as were local health facilities. What infrastructure development would be necessary to support further housing. There will be pressure on RCT Council to make further land available for housing in response to the increasing number of households being created. Some of the children growing up in Pontyclun will wish to have access to local housing. Is there land in Pontyclun which could be made available for housing in the future with the necessary infrastructure development? One view is that further development in Llanharry, Brynsadler and Talygarn should be restricted because of the congestion in the town centre and no potential for a by-pass. Should further housing development be closer to the A4119, if the dual carriageway was improved and a new railway station was located at Junction 34?

12 Appendix 5a

Green Spaces

The current accessible green spaces in Pontyclun include 1. Pontyclun Park which is provided by the Community Council 2. Maesyfelin Rugby Field and football field which is owned by RCT Council and leased to the football clubs 3. Ivor Park which is owned by the Community Council 4. Brynsadler Riverside Walk 5. Windsor Fields – Rugby Field which is owned by RCT Council and leased to the Rugby Club 6. Cycle Path which is owned by RCT Council 7. 25 acres of open space surrounded by Ffordd Cefn yr Hendy which is owned by RCT Council 8. Hendy Woods and Pant Marsh which are owned by Welsh Government

Are these spaces being managed in an appropriate manner? Are there any other spaces which could be protected and managed for public access? Currently Coed yr Hendy and Pant Marsh is in the ownership of Welsh Government. Steps are being taken to transfer part of this land to RCT Council. How should it be managed?

13 Appendix 5a

Transport

Pontyclun residents feel that transport infra structure has not kept up with residential and commercial development: - Access to the M4 is impeded by congestion on the A4119 - The hourly train service offers limited access to commuters - There is a regular bus service but at peak times travel times are slowed by congestion - The town centre is congested and the demand for parking exceeds supply - There is one safe cycle route but most settlements are not connected by safe cycle routes

Transport for Wales has increased the capacity of the trains stopping at Pontyclun by 40% since 2018 but is still not committed to increasing the frequency of trains. A proposal to create a new train station with Park and Ride facilities at Junction 34 is being considered by the Cardiff City Region What improvements to transport infrastructure would be the most cost effective?

14 Appendix 5a

15 Appendix 5a

Sites for Business Activity

Pontyclun and its surrounding area has several sites of business activity including o Coed Cae Lane Industrial Park in one the largest and most successful in the County Borough. It is still expanding o The area around Leekes includes the former Purolite and Staedler factory sites. o Concrete Canvas has occupied the old Crabtree and Evelyn site. o There is a planning consent for a Supermarket and retail park on the old Purolite and Staedler sites – but there appears to be no investor interest. o The existing Glamorgan Vale Retail Park o There is existing business activity in Mwyndy on the sites of Maxibrite and the Leekes warehouse.

The Local Development Plan identifies land for further economic development around these sites.  The former quarry in Miskin is available for development  The former Bosch factory site is occupied by Renishaw with plans also for a logistics centre  The Ely Valley Business Park has a history of incremental growth into the adjacent flood plain

16 Appendix 5a

Should further sites be made available for Business Activity?

What sort of business activity should we aim to attract to Pontyclun?

Office space increases footfall in town centres. Is there scope for increased office based activity?

The Welsh Government is considering the potential for office hubs in small towns so that city centre firms could locate their employees closer to their homes. Would Pontyclun be a good location for such an office hub?

Retail and Hospitality

Pontyclun has a thriving town centre. Vacant spaces are rapidly taken.

The mix of retail space includes three convenience stores and a wide range of small scale independent retailers.

There are a good number of independent retailers including chemists, butcher, The Gallery, clothes shops, hairdressers, the Post Office, a bank.

There are a good number of cafes and restaurants.

There are two pubs and two clubs in the town centre, as well as pubs with food in Brynsadler, Miskin and Mwyndy and Groes Faen

There is a hotel at Miskin Manor.

Pontyclun is close to the two retail parks in Talbot Green and has access to Cardiff City Centre.

In 2013 a planning consent was given to a further retail park behind Leekes with space for a supermarket, a department store and forty other stores. Although Sainsbury invested in groundworks, there has been no investor interest in expanding retail on this site.

17 Appendix 5a

Is there scope for further retail and hospitality in and around Pontyclun?

What would be the most effective support that could be provided to existing retail and hospitality providers

Schools and Colleges

Primary school children living in Pontyclun have access: - Pontyclun Primary School for English medium schooling - Ysgol Llantrisant and Ysgol Llanhari for Welsh medium primary schools Secondary school children have access to: - Y Pant for English medium schooling - Ysgol Llanhari for Welsh medium schooling

Pontyclun Primary School with 540 pupils is the largest primary school in RCT. RCT Council, working with Welsh Government, is developing plans to rebuild Pontyclun Primary School on its existing site. RCT Council is also seeking to redevelop the primary school at Penygawsi.

18 Appendix 5a

Ysgol Llanhari occupies 60-year-old buildings which are no longer fit for purpose. Y Pant provides English medium secondary education to Pontyclun and surrounding areas. It has very modern excellent buildings. Young people in Pontyclun gain access to further education at the colleges in Bridgend and

How should the school provision for children in Pontyclun be developed for the future?

19 20 21 Appendix 6

Meeting 0f Economic Group 24th November 2020

AGENDA • Apologies for absence • Banners for Pontyclun ‘high street’ • AoB

Meeting was held via Zoom on 24/11/2020 at 6.30pm. The following Community Councillors attended: - Gwyn Jackson, (Chairman) Anne Jackson, Paul Griffiths, Margaret Griffiths, Mike Davies and Karan Lane.

There were no apologies for absence.

The meeting was called to discuss the placing of banners on posts around Pontyclun to encourage the community to support local businesses.

The meeting discussed the siting, design and cost of the initiative as well as an appropriate date for implementation should the Community Council decide to support the scheme.

A decision will be required on the following points:

• Cost. An estimate of design and purchase costs will depend on numbers and size. There are additional costs in fixing the banners to lamp posts. The meeting was advised that there was a budget for this project. • Design. The meeting agreed that the banners should be professionally designed. Margaret Griffiths agreed to contact RCT for this. Karan Lane suggested the wording on the banner could read ‘WELCOME TO PONTYCLUN. SHOP, EAT, DRINK AND COME AGAIN SOON’. The banners wording must be bi-lingual. • The banners would need to be installed by a skilled person with access to appropriate equipment. Agreement on the number of banners is required. The meeting proposed either a small number in the high street or extending it to outlying points of the town centre. • Date of implementation. The meeting agreed that there was no likelihood of implementing the scheme before Spring 2021. The Christmas decorations will remain in place until early January, the design of the banners will take time and planning permission will be required.

There was no AOB.

Gwyn Jackson.

22 Appendix 6

23 Appendix 7

REPORT OF ENVIRONMENT WORKING GROUP MEETING

Date of Meeting: Monday 30th November 2020 - 6PM

Agenda

1. Apologies for Absence

2. Pontyclun Community Garden -

(i) Letter of Agreement

(ii) Water Butt & Compost Bin

(iii) Payment towards Shed

3. Pontyclun Environment Group - Lease of Land at Brynsadler Mill

4. A.O.B

Present: - Paul Griffiths, Margaret Griffiths, Martin Ashford, Neil Holley, Karan Lane, Sarah Jenkins (PEG), Lisa Williams (PCG).

1. Apologies for Absence: - Jessie Longstaff (Keep Wales Tidy)

2. Pontyclun Community Garden Group -

(i) Letter of Agreement -

KL had e-mailed Lisa with some outstanding points to resolve before the LOA could be concluded. (e.g.: the appropriate postal and e-mail addresses for the Community Garden Group needed confirming for inserting into the LOA).

Lisa advised that she has now had an opportunity to consider the points raised and will e-mail KL with her responses.

Since the meeting Lisa has provided KL with a revised copy of the LOA with the information added.

ACTION: Council to confirm whether the Council agrees to sign the final version of the Letter of Agreement (See Appendix to this Report)

(ii) Water Butt & Compost Bin -

The Clerk asked for the position of the Water Butt and Compost Bin to be raised at the Working Group meeting. Comments have been received from neighbouring occupiers concerning the Compost Bin, and there is a concern that keeping the Water Butt and Compost Bin in place could potentially cause future complaints from neighbours. The Clerk raised the question of whether these two items were still needed by the Garden Group or could they be removed? If the park edge by the Community Garden is cut back these items will be more visible.

Lisa confirmed that the Garden Group do not need these two items to remain. Lisa also confirmed that the Garden Group can/will deal with the removal of the items.

(iii) Payment towards Shed -

24 Appendix 7

The Garden Group have queried whether they need to make the payment of £400, which was agreed in 2018 they would pay as their contribution towards the cost of the shed. At the time the contribution was agreed it was anticipated that the Community Garden would have use of the shed, but Lisa advised that this is no longer the case. (e.g.: the use Community Garden is being put to has changed to hopefully be more acceptable to neighbours (less maintenance required etc.), and so the anticipated use of the shed has not been needed. Given that a formal decision was made in 2018 with regards the 2018 contribution, this matter needs to come back to the Community Council.

ACTION: The Working Group recommends that the £400 contribution need not be paid by the CG in the circumstances. Council to decide whether or not it agrees with this recommendation.

3. Pontyclun Environment Group - Lease of Land at Brynsadler Mill

Sarah raised concern over the continued delay in concluding the proposed Lease and KL apologised for any delay caused on her part.

Sarah advised however that one further point has come to her attention on the draft lease provisions. Clause 6.3 (c) of the lease currently puts an obligation on the Environment Group to;

"maintain the boundary post & wire fence between the Property & the adjacent meadow land"

Sarah has requested that the lease be specific about the obligation for replacement of the post & wire fence. Sarah considered that this obligation should be the Community Council's. The Working Group recommends that Clause 6.3 (c) of the lease be amended as follows;

"routinely maintain the boundary post & wire fence between the Property & the adjacent meadow land PROVIDED THAT the Landlord is to be responsible for replacing the post and wire fence as and when replacement is necessary from time to time".

Both the Community Council & PEG wish to complete the Lease before Christmas.

ACTION: The Working Group recommends that Clause 6.3(c) be amended as suggested above. The Council is to decide;

(i) Whether it agrees that the Community Council should be responsible for replacing the post & fence as/when required, and

(ii) If so, does the Council agree the recommended amendment to Clause 6.3(c) above?

4. A.O.B

(1) Sarah raised the issue of the position of "For Sale" signs at the land at the entrance to the Hollies. Members of the PEG have commented that these signs are an eyesore. Sarah asked whether the Community Council could do anything to remove the signs? Sarah commented that she thought that the Community Council had a policy in the past of removing such signs. Sarah has had previous feedback on this issue that the signs are placed at the side of the bridge as a safety measure, but this is unclear. The Working Group agreed to raise this query with the Clerk.

25 Appendix 7

ACTION: Could the Clerk please consider this query and respond to Sarah?

(2) Margaret raised that there is small triangle of land in Miskin, to the east of the Miskin Arms (on the right walking from the monument towards Hensol Road) which is unregistered. Ownership of the land is unknown but it seems the land is not owned by either RCT or the Community Council. However, the Council has taken some responsibility for maintaining the land in the past, and so arguably it is not unreasonable that those living in the area will assume that the Community Council will continue to take some responsibility for the land. Margaret specifically advised that there is a large beech tree on the land which is likely to prove an onerous responsibility going forward.

Margaret proposed that it would be worth investigating the matter of ownership to see if any information can be gained, and worth checking Community Council records for any available details of the past level of expenditure by the CC for maintaining the area of land. This information will hopefully help with any future decision on the extent of responsibility (if any) the CC wishes to take on going forward. The Working Group agreed to put this proposal to the Community Council.

ACTION: Does the Council agree that the Clerk should take steps: -

(i) To investigate ownership of the land to see if any information on legal ownership is available? and

(ii) To check Community Council records for details of any previous expenditure for the land.

26 Appendix 7a

Pontyclun Community Council Heol yr Orsaf Pontyclun Rhondda Cynon Taff CF72 9EE

Pontyclun Community Garden c/o Lisa Williams 38 Stryd Silurian Llanharry Pontyclun CF72 9GB

LETTER OF AGREEMENT

THIS LETTER OF AGREEMENT (“this Agreement”) made as of this 8th day of January 2020 (“the Execution Date”)

BETWEEN: -

(1) PONTYCLUN COMMUNITY COUNCIL of Heol Yr Orsaf, Pontyclun, CF72 9EE (“the Council”) and (2) PONTYCLUN COMMUNITY GARDEN of 38 Stryd Silurian, Llanharry, Pontyclun, CF72 9GB (“the Community Garden”)

27 Appendix 7a

IN CONSIDERATION OF the Council permitting the Community Garden to use the property known as Land at Pontyclun Park, Cowbridge Road, Pontyclun, the approximate location of which is shown edged on the attached plan (or such alternative location(s) within Pontyclun Park as the Council and Community Garden may agree from time to time) (“the Land”), the Council and Community Garden agree as follows: -

1. Subject to paragraph 3 and paragraph 4 below, the Council permits the Community Garden to occupy the Land, for the use as garden land and for no other purpose whatsoever (“the Permitted Use”), for the period from and including (“the Licence Period”), in common with the Council and all others authorised by the Council (so far as is not inconsistent with the rights given to the Community Garden to use the Land for the Permitted Use).

2. The Community Garden acknowledges that: (a) no relationship of landlord and tenant is created between the Council and the Community Garden by this Agreement; (b) the Council retains control, possession and management of the Land and the Community Garden has no right to exclude the Council from the Land; and (c) the right to occupy the Land granted by this Agreement is personal to the Community Garden and is not assignable and the rights given in paragraph 1 may only be exercised by the Community Garden.

3. Community Garden’s obligations

The Community Garden agrees and undertakes: (d) to keep the Land clean, tidy and clear of garden waste and materials; (e) not to use the Land other than for the Permitted Use; (f) not to make any alteration or addition whatsoever to the Land without the agreement of the Council; (g) not to display any advertisement, signboards, nameplate, inscription, flag, banner, placard, poster, signs or notices at the Land without the prior written consent of the Council such consent not to be unreasonably withheld or delayed; (h) not to do or permit, or allow its members to do on the Land anything which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Council or any owner or occupier of neighbouring property;

28 Appendix 7a

(i) not to cause or permit to be caused any damage to the Land, or any neighbouring property; (j) not to apply for any planning permission in respect of the Land; (k) not to do anything that will or might vitiate in whole or in part any insurance effected by the Council in respect of the Land from time to time; (l) to leave the Land in a clean and tidy condition and to remove the Council’s furniture equipment and goods from the Land at the end of the Licence Period; (m) to indemnify the Council and keep the Council indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:

(i) this Agreement; (ii) any breach of the Community Garden's undertakings contained in paragraph 3; and/or

(iii) the exercise of any rights given in paragraph 1; and (n) not to do anything on or in relation to the Land that would or might cause the Council to be in breach of the Council’s covenants and the conditions contained in the Lease dated 2nd March 2017 and made between (1) Rhondda Cynon Taff County Borough Council and (2) Pontyclun Community Council, a copy of which is annexed to this Agreement.

4. Termination

(i) This Agreement shall end on the earliest of: (a) the expiry of not less than 3 months’ notice given by the Council to the Community Garden, or by the Community Garden to the Council; or (b) the expiry of any notice given by the Council to the Community Garden at any time on breach of any of the Community Garden's obligations contained in paragraph 3. (ii) Termination of this Agreement shall not affect the rights of either party in connection with any breach of any obligation under this Agreement which existed at or before the date of termination.

29 Appendix 7a

5. Notices

(i) Any notice given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day delivery service to the relevant party as follows:

(a) to the Council at: Pontyclun Community Council, Heol yr Orsaf, Pontyclun, Rhondda Cynon Taff, CF72 9EE and marked for the attention of The Clerk and also emailed to [email protected]; and (b) to the Community Garden at: 38 Stryd Silurian, Llanharry, Pontyclun, CF72 9GB and marked for the attention of The Chair and also emailed to [email protected] or as otherwise specified by the relevant party by notice in writing to each other party.

(ii) Any notice given in accordance with paragraph 5(i) will be deemed to have been received:

(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; or (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting. (iii) A notice given under this Agreement shall not be validly given if sent by e-mail. (iv) This paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

6. No warranties for use or condition

(i) The Council gives no warranty that the Land possesses the Necessary Consents for the Permitted Use.

(ii) The Council gives no warranty that the Land is physically fit for the purposes specified in paragraph 1.

(iii) The Community Garden acknowledges that it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that may have been made by or on behalf of the Council before the date of this Agreement as to any of the matters mentioned in paragraph 6(i) or paragraph 6(ii). (iv) Nothing in this clause shall limit or exclude any liability for fraud.

30 Appendix 7a

7. Limitation of Licensor's liability

(i) Subject to paragraph 7(ii), the Council is not liable for: (a) the death of, or injury to the Community Garden, or its’ invitees to the Land; or (b) damage to any property of the Community Garden or its’ invitees to the Land; or (c) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Community Garden or its’ invitees to the Land in the exercise or purported exercise of the rights granted by paragraph 1.

(ii) Nothing in paragraph 7(i) shall limit or exclude the Council's liability for: (d) death or personal injury or damage to the Land caused by negligence on the part of the Council or its employees or agents; or (e) any matter in respect of which it would be unlawful for the Council to exclude or restrict liability.

8. Governing law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

This Agreement has been entered into on the date stated at the beginning of it.

Signed by ……………….………….…….…. for and on behalf of PONTYCLUN COMMUNITY COUNCIL

Signed by …………Lisa Williams…….…. for and on behalf of PONTYCLUN COMMUNITY GARDEN

31 Appendix 8

Cyngor Cymuned Pontyclun Community Council

Planning Applications

There are 2 planning applications for the Council to consider responding on.

1. Application - 16/1385/13 Land to west of A4119 at Cefn y Hendy

The application is to extend the time during which a reserved matters application can be

Made

2. Application 20/1278/10 – Proposed bungalow to rear of Lifestyle Express store in Bryn Amlwg.

Action – members to consider if we wish to respond to these applications and if so how.

32 Appendix 8a

Ref: A075698 Planning Portal Ref: PP-09076255 Date: 27th October 2020

Development Management Rhondda Cynon Taf County Borough Council Ty Sardis House Heol Sardis Road CF37 1DU

SUBMITTED VIA PLANNING PORTAL

Dear Sir / Madam,

APPLICATION UNDER SECTION 73 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO VARY CONDITION 1(B) OF OUTLINE PLANNING PERMISSION 16/1385/13 AT LAND WEST OF A4119, CEFN YR HENDY, TALBOT GREEN

On behalf of our client, Talbot Green Developments Ltd, please find enclosed an application under Section 73 of the Town and Country Planning Act 1990 to vary condition 1(b) of outline planning permission 16/1385/13 at Land west of A4119, Cefn Yr Hendy, Talbot Green. The submission is accompanied by the following documents:

• Completed and dated application forms • Decision Notice 16/1385/13 (v2, following discharge of conditions 8 and 30) • Planning Statement (WYG, October 2020) • Framework Masterplan drawing ref: 1873-URB-UD-XX-XX-GA-90-001 (The Urbanists, September 2020) • Indicative Surface Water Drainage Strategy drawing ref: CYH-WSP-XX-XX-DR-CV-0501 (WSP, September 2020) • Update Phase 1 Habitat Survey (WYG, May 2020)

In addition to the documents submitted as part of this Section 73 application outlined above, the reports and documents submitted as part of the approved outline application will also be provided. These are:

• Site Location Plan (ref: UD-GA013) • Design and Access Statement (Urbanist, December 2016) • Extended Phase 1 Habitat Assessment (WYG, December 2016) • Bat Emergence/Return & Activity Survey (WYG, December 2016) • Dormouse Presence/Likely Absence Survey (WYG, December 2016) • Reptile Presence/Absence Survey (WYG, December 2016) • Tree Survey Report (Broadway, July 2016) and supplementary plans: o Tree Location Plan o Tree Constraints Plan

5th Floor, Longcross Court, 47 Newport Road, Cardiff, CF24 0AD Tel: +44 (0)29 2082 9200 Fax: +44 (0)29 2045 5321 Email: [email protected] Website: www.wyg.com

WYG Group Limited. Registered in England & Wales Number: 06595608 Registered Office:

33 Appendix 8a

o Tree Protection Plan • Noise Assessment (WYG, October 2016) • Air Quality Assessment (WYG, December 2016) • Transport Assessment and Travel Plan (Vectos, December 2016) • Landscape Visual Impact Assessment (Urbanist, December 2016) • Archaeology Desk-Based Assessment and Setting Assessment (WYG, December 2016) • Geophysical Survey (Headland Archaeology, October 2016) • Non-Technical Summary - Environmental and Geotechnical Desk Studies (Ramboll, November 2016) • Geo-technical Desk Top Report (Ramboll, November 2016) • Coal Mining Risk Assessment (Ramboll, November 2016) • Phase 1 Environmental Assessment (Ramboll, November 2016) • Landscape and Visual Impact Assessment (ref: RP-(98)-001) • Site Access Points off Existing Roundabouts Plan (ref: W151890/A/04)

This application seeks to extend the period of time in which a reserved matters application(s) can be made. The following section will set out the background information and context that informed the approved outline planning application.

Background

Following the grant of outline planning permission 16/1385/13, an application for a Non Material Amendment (NMA) was submitted and ultimately approved on the 26th of June 2020 under reference 20/0462/39. The application sought a number of changes to the conditions attached to permission 16/1385/13 to allow the submission of reserved matters and other conditioned detail on a phase by phase basis. The amendment to Condition 3 (Phasing) updated the phasing strategy suggested at the time of the original application. As such the phasing is to be split into the following 5 phases:

1. Implementation Phase: comprising an area of road to sub-base level adjacent to the western access point;

2. Infrastructure Phase: comprises the spine road, accepting that this phase itself is likely to be split into three, associated with each phase of housing;

3. Eastern Housing Phase;

4. Western Housing Phase; and

5. Central Housing Phase.

Alterations to Conditions 2 (Site Investigation Report), 8 (Wildlife Protection Plan), 10 (Levels), 11 (External Materials), 12 (Contamination), 16 (Protected Species Mitigation), 19 (Historic Environment Mitigation), 21 (Alignment of Site Distributor Road), 22 (Road Engineering Details), 28 (Noise Mitigation), 29 (Glazing Specification) and 30 (CEMP) were sought to ensure the conditions were applicable to the relevant and appropriate phases of development.

34 Appendix 8a

In accordance with the pre commencement conditions of permission 16/1385/13 applicable to Phase 1 (Implementation), as varied by NMA application 20/0462/39, conditions 8 (Wildlife Protection Plan) and 30 (Construction & Environmental Management Plan) were discharged under application 20/0606/38. This allowed the formal commencement of works to Phase 1 (Implementation) on site in October 2020.

As a result of the works comprising Phase 1, the development permitted by planning permission 16/1385/13 has been implemented and now comprise “committed development”, as well as development which benefits from extant permission and which is in accordance with the Local Development Plan.

Approved Scheme

The approved application site forms land strategically allocated in the current adopted LDP for residential-led use, and lies in close proximity to a wide range of existing and planned employment, local services, retail, community and leisure facilities. The proposals will supply approximately 460 much needed homes in the Mwyndy/Talbot Green area (including 20% affordable housing, comprising the desired mix of social and low cost home ownership), alongside a local centre which will serve local community need and facilitation of a primary school, should the LEA wish to fund such provision via CIL. The site’s allocation establishes it as a sustainable location being subject to a Sustainability Appraisal and its development for housing led development is considered a wholly appropriate land use.

The DAS submitted in support of the application details the approximate location of buildings, routes and open spaces, the upper and lower limit for the height, width and length of each building, in accordance with Article 3 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012. In order to demonstrate compliance with new regulations in respect of SuDS, a further illustrative masterplan and indicative surface water drainage strategy is included with this s73 application to demonstrate that the site continues to be able to accommodate the committed development as well as providing appropriate SuDS infrastructure (recognising that the ultimate layout will be determined via future reserved matters and SuDS applications).

The accompanying Planning Statement highlights how the scheme permitted under application 16/1385/13 can be seen to comply with the updated national planning policy, guidance and legislation introduced following the granting of the outline application in 2018. This includes compliance with requirements of Planning Policy Wales Edition 10, the inclusion of Sustainable Drainage Systems (SuDS) features that comply with national standards (The Flood and Water Management Act 2010 (Schedule 3)) and compliance with Building Better Places - The Planning System Delivering Resilient and Brighter Futures. The statement has also set out the material considerations considered during the 2016 outline application, demonstrating the positive weight of those material considerations which continue to endure.

Proposed Variation of Condition

As stated above, this application seeks to vary condition 1(b) of outline planning permission 16/1385/13 in order to extend the period of time in which a reserved matters application(s) can be made. Condition 1(b) states:

35 Appendix 8a

1. “(b) Applications for the approval of reserved matters shall be made to the local planning authority not later than three years from the date of this permission”

Reason: To comply with Section 92 of the Town and Country Planning Act 1990”.

In order to extend the period of time in which as reserved matters application can be made, it is proposed that the same condition be attached to the newly granted and dated s73 permission, thus providing an additional three for submission.

Conclusion

When determining a planning application, regard must be had to the development plan and decisions must be taken in accordance with the development plan unless material considerations indicate otherwise, as directed by the requirements of Section 70(2) of the Town and Country Planning Act 1990 and 38(6) of the Planning and Compulsory Purchase Act (PCPA) 2004.

It is considered that the development is entirely suitable for the application site in planning terms, in accordance with the adopted LDP and with all relevant material considerations falling in favour of the development. The development benefits form extant permission, is committed development on account of having been lawfully implemented and remains allocated for the development sought in the Local Development Plan. This application, therefore, has the full weight of Section 38(6) of the PCPA behind it.

A payment in the sum of £230 has been made to Rhondda Cynon Taf County Borough Council under separate cover as payment of the requisite application advice fee. Should you wish to discuss any aspect of the applications further please do not hesitate to contact us. In the meantime, we look forward to receiving confirmation of registration of the applications in due course.

Yours faithfully,

Peter Waldren Director For and on behalf of WYG Environment Planning Transport Ltd [email protected]

Enc: As above

36 Appendix 8b

Clerk Pontyclun Community Council Pontyclun Community Centre Heol Yr Orsaf Pontyclun CF72 9TY

Fy Nghyf/My Ref: EichCyf/Your Ref: Dyddiad/Date: 26/11/2020 20/1278/10

Gofynnwch am/Please ask for: Guy Watkins 01443 281130

DATBLYGIAD Proposed domestic bungalow. ARFAETHEDIG/PROPOSAL: LLEOLIAD/LOCATION : LIFESTYLE EXPRESS, 46 BRYNAMLWG, PONTYCLUN, CF72 9AU CYF GRID/GRID REF: 304178, 181550

DEDDF CYNLLUNIO GWLAD A THREF TOWN AND COUNTRY PLANNING ACT 1990 / GORCHYMYN CYNLLUNIO GWLAD 1990 / TOWN AND COUNTRY PLANNING A THREF (GWEITHDREFN RHEOLI (DEVELOPMENT MANAGEMENT DATBLYGU) (CYMRU) 2012 PROCEDURE) (WALES) ORDER 2012

Annwyl Sir/Madam Dear Sir/Madam

Mae manylion cais cynllunio a ddaeth i law I enclose details of a planning application Cyngor Bwrdeistref Sirol Rhondda Cynon received by Rhondda Cynon Taf County Taf, mewn perthynas â'r cais uchod, wedi'u Borough Council, in respect of the above hamgáu. Gofynnaf am eich sylwadau. proposal, and request your observations.

I weld cynlluniau ac ati ar gyfer y cais uchod Please view plans etc for the above ar-lein, ewch i www.rctcbc.gov.uk/planning a application online at chlicio ar 'Cymraeg' ar frig y dudalen. www.rctcbc.gov.uk/planning

Os nad ydw i'n clywed gennych chi o fewn 21 I will assume you have no comments to make diwrnod o ddyddiad y llythyr hwn, byddaf yn if I do not hear from you within 21 days of the tybio nad ydych am gyflwyno sylwadau. date of this letter.

Yr eiddoch yn gywir / Yours faithfully,

Jim Bailey Pennaeth Cynllunio / Head of Planning

37 Appendix 8b

38 Appendix 9

Notes from Community Liaison Meeting 6th November 2020 Independent Remuneration panel Presentation from two people working for the panel. Their concern is that there is insufficient diversity amongst people standing to be elected to Community Councils. They think that the expenses available can encourage people to stand and support them if elected. They expressed a view that councillors hold a public office and should not be considered as volunteers. They stated that they felt councillors should accept the £150 and if they don’t want it, they can pay it back. This is the practice in a Council in the Swansea area as a means of encouraging councillors who do need the allowance to accept and retain. Not all councils had submitted the Annual Statement of payments that needs to be submitted whether or not any payments are made.

I recommend that we put something on pontyclun.net to encourage people to think about standing. Interested members of the public will need to submit their forms to stand in approximately 15 months’ time.

Community Infrastructure Levy Councils were once again encouraged to submit their list of priority projects on which they would spend CIL money. I recommend that during next year we review the list.

39 Appendix 10

Cyngor Cymuned PONTYCLUN Community Council

Independent Renumeration panel for Wales

Each year the panel sets the renumeration for a number of Welsh Public bodies including Community Councils

The final report is due to be issued in Spring 2021, however a draft report has been issued now to assist in budgeting for 2021-22.

The full report can be found here

The parts which relate to us can be found in Section 13.

Members should note that there are no material changes proposed from last year. When the final report is published, we will need to review again should there be changes.

1. The Clerk will make arrangements to pay Councillors their £150 allowance towards costs without them requesting it. To assist in budgeting the Clerk asked Members who might be considering not declining this allowance in 2021-22 to advise him in November. a. This payment is a taxable allowance and we will need to deduct tax at source for any payments made 2. Any Councillors who wish to claim reimbursement necessary costs in relation to care of dependent children and adults up to max £403pm, subject to receipts, should advise the Clerk as soon as possible. 3. For the last 2 years the Council agreed to reimburse Councillors for actual costs of i. Travel & subsistence for authorised duties ii. actual losses incurred by members by attending authorised duties iii. subject to the limits described in the report iv. Action – do Councillors wish to continue to do so again in 2021-22. Note - none have been claimed so far. 4. In the last two years the Council resolved not to offer any payments to Chair, Deputy Chair and Senior Councillors. These are allowable again this year as below and Council is required to confirm each year. Note that even if Council resolves to make payments available individuals may decline to accept. a. Chair – max payment £1500 b. Vice Chair – max payment £500 c. Senior Councillors with specific responsibilities (e.g. Working Group conveners) – max £500 d. Action Council to confirm if any such payments are to be approved

40 Appendix 11

Cyngor Cymuned PONTYCLUN Community Council

Placing Defibrillator into phone box in Miskin Members will recall that earlier this year we agreed to take over the Phone box in Miskin into which a local community group planned to place a defibrillator

British Telecom has now completed the consultation process and are ready to transfer to us.

The draft contract is attached for members to review and approve signing.

As the phone box is a grade 2 listed building the Clerk has approached RCT CBC for guidance on what permissions will be required before this work can happen.

Action –

 Council to confirm acceptance of transfer of Phone Box in Miskin and signing of contract

41 Appendix 11a

AGREEMENT FOR THE SALE AND PURCHASE OF TELEPHONE KIOSK(S) TO A LOCAL AUTHORITY IN ENGLAND OR WALES

This agreement is made this day of 2020

Background

The Buyer wishes to buy the Goods from the Seller and the Seller has agreed to sell the Goods to the Buyer upon the terms and conditions set out in this agreement.

1 Definitions In this agreement, unless the context requires otherwise:

‘the Purpose’ means [ ]

'Buyer' means Pontyclun Community Council

‘Conditions' means the terms and conditions of sale set out in this agreement.

‘Decommissioning” means (i) the disconnection of the Goods from the Seller’s telecommunica- tions network and (ii) the removal of the payphone, ancillary equipment and wiring from within the kiosk. ‘Decommission’, ‘Decommissioning’ and ‘De- commissioned’ shall be construed accordingly.

'Goods' means the telephone kiosk or kiosks as more fully described in the schedule to this agreement, which the Buyer agrees to buy from the Seller but excluding any telephony and ancillary apparatus.

“IP Rights’ means all intellectual property rights in any part of the world, including but not limited to patents, copyright, design rights, trade marks, database rights, reg- istered design rights and community design rights and shall include pending applications for any intellectual property rights.

‘Notice to Complete’ means a notice in writing by the Seller to the Buyer stating that in the Seller’s reasonable opinion the Goods have been satisfactorily Decommissioned and are ready for delivery to the Buyer.

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42 Appendix 11a

“Ofcom” means the regulatory body whose duties are set out in the Communications Act 2003 and includes any replacement body or entity under equivalent or replacement legislation.

“Planning Acts” means any relevant planning legislation in force at the date of this agreement, including the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Town and Country Plan- ning (General Permitted Development) Order (England) 2015 (and similar regulations in other regions), and any statutory replacement or modification of any of them.

'Price' means the price for the Goods excluding any carriage, packing and insurance.

'Seller' means British Telecommunications plc (company registration number 1800000 whose registered office is at 81 Newgate Street, London EC1A 7AJ).

‘Universal Service Obligation’ means the obligations imposed upon BT by Ofcom in accordance with the EU Universal Services Directive.

2 Conditions applicable 2.1 These Conditions shall apply to this agreement to the exclusion of all other terms and conditions. 2.2 Any order for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. 2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.4 Where appropriate this agreement is entered into following written confirmation from the Buyer that an application for planning consent has been submitted for the Purpose.

3 Agreement, price and payment 3.1 The Seller shall sell to the Buyer the Goods and the Buyer shall purchase the Goods. 3.2 The Price shall be ONE POUND (£1.00) inclusive of VAT which shall be payable on the date of this agreement. 3.3 The Seller agrees that following the date of this agreement it shall Decommission the Goods. 3.4 The Seller shall be under no obligation to the Buyer to re-site, re-position, restore or repair the Goods. The Buyer acknowledges that it purchases the Goods in no better condition than they are at today’s date, or than described in the schedule hereto.

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43 Appendix 11a

3.5 For the avoidance of doubt the Seller is not selling the land beneath the Kiosk or any interest in it, nor shall the Buyer acquire that land or any interest in it under this agreement.

4. Decommissioning, delivery and acceptance 4.1 The Seller shall serve the Notice to Complete on the Buyer on or before the completion of the Decom- missioning works in respect of the Goods 4.2 Delivery of the Goods shall be deemed to have taken place five working days after the day upon which the Seller sends the Notice to Complete to the Buyer. No further intimation is required. 4.3 The Buyer shall make all necessary arrangements to take delivery of the Goods following receipt of the Notice to Complete. 4.4 The Buyer shall be deemed to have accepted the Goods upon delivery. 4.5 After acceptance the Buyer shall not be entitled to reject the Goods due to their physical condition or due to any financial or statutory obligations (whether foreseen or not) imposed upon the Buyer as a result of this agreement or otherwise related to the Goods. 4.6 The Seller shall not be liable to the Buyer for late delivery of the Goods.

5 Post acceptance obligations 5.1 The Buyer shall own the Goods following acceptance and shall be responsible for all maintenance and repair of the Goods, which it shall do in accordance with: 5.1.1 Any industry or statutory guidelines and regulations relevant to the Goods in circulation or in force from time to time. 5.1.2 Any requirements, directions, rules or recommendations of Ofcom. 5.1.3 The Planning Acts. 5.1.4 Any planning consents relating to the Goods so far as they remain applicable. 5.1.5 Where the Buyer is a Registered Charity or Charitable Organisation, the Seller retains the right to re-claim ownership of the Goods if the Buyer loses its charitable status.

5.1.6 If planning for the Purpose is not granted within 12 months of the date of this agreement, the Buyer and Seller shall agree an extension of time of no more than 12 months to enable the Buyer to prepare and submit an appeal to the Department of Environment. In the event that the planning approval is not granted following submission of an appeal, or the expiry of time allowed to make an appeal without an appeal being made, then the Buyer shall at its own cost and expense:

(i) In the case of listed Goods:

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44 Appendix 11a

a. Clean, lock and maintain the goods in accordance with the requirements of this paragraph 5; or b. Apply to de-list the Goods

(ii) In the case of non-listed Goods arrange for permanent removal of them at their own cost

5.2 The Buyer acknowledges that the Goods may have been painted with paint containing lead and ac- cepts the health and safety risks which may be associated with its removal or maintenance. The Buyer also acknowledges that leaden paint may require specific maintenance procedures.

5.3 (a) Without affecting clause 6.3, the Buyer acknowledges that the kiosk may have a Class I light fit- ting and fuse spur(s) which do not meet current IP (ingress protection) rating requirements of BS7671 regulations for exterior electrical fittings. The Buyer accepts any health and safety risk with their ongoing use. The Buyer waives any claim against the Seller in respect of such matters. The Buyer also acknowledges that an upgrade to the light fitting and fuse spur(s) may be required which will be the sole responsibility of the Buyer. The Buyer may want to obtain an assessment from a qualified electrician. (b) The Buyer agrees that the Goods are not intended to be used in any way by any person in the course of or in relation to their work. However, it agrees that, should a person at work do anything in relation to the Goods, it will take steps sufficient to ensure, so far as is reasonably practicable, that the Goods will be safe and without risks to health at all such times when it is being set, used, cleaned or maintained or otherwise interacted with by a person at work. In particular, the Buyer will ensure: (i) that the light is upgraded to a luminaire meeting Class 2 with IP rating of IP54 (or better). (ii) that the electrical supply housing is upgraded by replacing the spur units with IP66 type (or better). The Buyer will employ an NICEIC registered electrician to review the installation, for the use it in- tends for the adopted kiosk, and carry out any required works in accordance with the then applicable regulations and standards. The Buyer shall employ an NICEIC registered electrician to review the Goods for the use the Buyer intends, and for any required works. In addition, the Buyer will employ an NICEIC registered electri- cian for regular inspection and testing.

5.4 The Buyer shall indemnify the Seller in respect of any loss or damage it suffers in respect of any act or omission on the part of the Buyer or persons or entities authorised by it under or in relation to the

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45 Appendix 11a

matters referred to in sub-paragraphs 5.1, 5.2 and 5.3 or in respect of any claim by a third party in respect of such matters. 5.5(i) The Seller shall be under no obligation to the Buyer to maintain, repaint, repair or manage the Goods nor shall it be under any obligation to the Buyer to maintain or provide Call Box Services (as defined in the Universal Service Obligations) or telephony services from the Goods SAVE that where the Buyer has requested the Seller, and the Seller has agreed, to supply electricity, then the Seller shall supply that electricity (at the Seller’s cost) to the REC (regional electricity company) fusebox sufficient for the operation of an 8 watt lightbulb or similar. The Seller may discontinue to provide that supply (and payment) of electricity at any time by giving the Buyer notice in writing.

5.5(ii) The Buyer is not permitted to connect any equipment to the power supply provided by the Seller with- out first obtaining the Seller’s written agreement.

5.5(iii) If written permission is given by the Seller to the Buyer, in accordance with paragraph 5.5(ii) to con- nect defibrillator equipment to the electricity supply, the equipment must meet all appropriate safety standards as amended from time to time including, but not limited to, the requirements as set out at paragraph (a)-(d) below.

The Defibrillator Cabinet must be: (a) Class 2 IP rating 54; (b) Compliant to BS7671-416/417 in its construction; (c) Manufactured by a ISO 9001/2 certified manufacturer; (d) Protected by an RCD

5.5(iv) The Seller does not actively monitor the electricity supply to the Goods. Responsibility for ensuring a continuous electricity supply required to power any equipment installed within the Goods remains with the Buyer at all times.

5.5(v) The Buyer shall remain, at all times, responsible for the monitoring, maintenance and repair of any equipment installed within the Goods.

5.5(vi) The Buyer indemnifies the Seller in respect of all damages or losses which the Seller may incur, or any third party claims received by the Seller as a result of any breach by the Buyer of its obligations as set out in this paragraph 5. . 5.6 From acceptance of the Goods the Buyer shall:

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46 Appendix 11a

5.6.1 At all times display a sign in or on the Goods (clearly visible to anyone viewing or inspecting the Goods) that the Goods are the responsibility of the Buyer, do not contain a Seller payphone and are not connected to the Seller’s electronic communications network. 5.6.2 Take reasonable steps to inform the local public in the region or city in which the goods are situated that the payphone, ancillary equipment and wiring has been removed and that the Goods are the responsibility of the Buyer. 5.6.3 Apply to the relevant authority or authorities for all necessary consents, licences, waivers, restrictions or determinations (if any) required for the Goods (including but not limited to con- sents granted under the Planning Acts and consents and licences under the Communications Act 2003 and any statutory replacement or modification thereof) and shall fully and without delay comply with any conditions or recommendations imposed by them made in respect of the Goods. 5.6.4 Not sell, lease or license the Goods to a competitor to the Seller nor permit a competitor to install electronic communications apparatus (as defined in the Electronic Communications Code, in Schedule 3A of the Communications Act 2003 as amended from time to time) within the Goods and itself (as the Buyer) shall not install, provide or operate any form of electronic communications apparatus within the Goods. 5.6.5 Release the Seller, insofar as it can do, from any obligation under the Town and Country Planning (Permitted Development) Order 1995 in respect of the Goods. 5.6.6 Notify the emergency services that the Goods are no longer owned or maintained by the Seller and are now the property and responsibility of the Buyer. 5.6.7 Indemnify the Seller in respect of any damages or losses which the Seller may incur as a result of any breach of the Buyer’s obligations in this sub-paragraph 5.6 and in respect of any obli- gations imposed upon the Buyer under the Highways Act 1980 and the New Roads and Street Works Act 1991 in respect of the Goods.

5.7 The Buyer waives any rights it may have against the Seller in respect of the Goods under the Com- munications Act 2003.

5.8 The Seller reserves the right and the Buyer grants such right, at any time from the date of acceptance of the Goods by the Buyer, to enter into or onto the Goods and any neighbouring land of the Buyer (but only to the extent necessary) to undertake works or to procure the undertaking of works to dis- connect or cap-off the electricity supply to the Goods described above in paragraph 5.5, at the cost of the Seller and making good any damage caused to the Goods and the Buyer’s neighbouring land as aforesaid to the reasonable satisfaction of the Buyer. 5.9 Not connect any equipment to the electricity supply referred to in Clause 5.5 without the express written agreement of the Seller.

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47 Appendix 11a

6 Warranties and liability 6.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. 6.2 The Buyer acknowledges that the Seller is not in the business of selling the Goods and the Buyer will assume full responsibility to ensure compliance with any English Heritage requirements from the date of transfer of the goods. 6.3 The Seller makes no representations to the Buyer as to the Goods’ quality, state of repair, safety, performance and fitness for purpose nor as to any apparent or latent defects. The Buyer shall take the Goods subject to any such defects and dilapidations (if any). 6.4 The Buyer agrees to the Decommissioning and, insofar as it is able, relieves the Seller of its obligations under Ofcom’s Universal Services Obligations in respect of the Goods. The Buyer agrees not to object to Ofcom or any tier of local government to the Decommissioning of the Goods. 6.5 The Seller may supply the Buyer with a kiosk maintenance manual or other documents. Any recom- mendations or guidance therein shall not form warranties nor obligations of any nature upon the Seller.

7 Title and risk 7.1 Title shall pass on delivery of the Goods. 7.2 Risk shall pass on delivery of the Goods.

8 Limitation of Liability 8.1 When the Buyer accepts the Goods then the Seller shall have no liability whatsoever to the Buyer in respect of those Goods. 8.2 The Seller shall not be liable to the Buyer for late delivery of the Goods. 8.3 Except in respect of death any personal injury resulting from a negligent act or omission on the part of the Seller or anyone authorised by it, the Seller’s liability to the Buyer for tortious and contractual damages shall not exceed the Price. The Buyer shall at all times use its best endeavours to minimise and mitigate its losses. 8.4 The Seller shall not be liable to the Buyer for any economic loss suffered by the Buyer as a result of it entering into this agreement. 8.5 The Buyer acknowledges that it has taken or has considered taking legal advice from a solicitor or counsel before entering into this agreement.

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48 Appendix 11a

9 Intellectual property No assignment or licensing of any IP Right is granted or made under this agreement.

10 General 10.1 This contract is subject to the law of England and Wales and the non-exclusive jurisdiction of the courts of England and Wales. 10.2 The invalidity or unenforceability of any provision in this agreement, for whatever reason, shall not prejudice or affect the validity or enforceability of its other provisions. 10.3 The headings of this agreement are for reference only. No delay, neglect, forbearance by either party in enforcing any provision in this agreement shall be deemed to be a waiver or compromise of any right or rights unless made in writing. 10.4 In relation to the Goods, this agreement constitutes the entire agreement between the parties. 10.5 A person who is not a party to this agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999. 10.6 The Buyer shall not, disclose the existence of the Agreement in any journal magazine or publication or any other publicly available media or otherwise use the Seller's name or logos (including any trade marks) in any of its advertising or publicity material without the seller’s prior written consent, which may be withheld or given in the Seller's absolute discretion.

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49 Appendix 11a

SCHEDULE

THE GOODS – Specification and Description 01443226373 Hensol Road Miskin Pontyclun CF72 8JT

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50 Appendix 11a

Signed by [ ] for and on behalf of ...... BRITISH TELECOMMUNICATIONS plc

Signature

……………………………. Position (director/company secretary/manager/attor- ney/agent).

If signing as agent or under a power

of attorney, please attach a copy of

the document giving authority.

......

Signed by [ ] for and on behalf of Signature

……………………………. Position (director/company secretary/manager/attor- ney/agent).

If signing as agent or under a power

of attorney, please attach a copy of

the document giving authority.

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51 52 53 Appendix 13

Cyngor Cymuned PONTYCLUN Community Council

Report relating to accident at boundary fence of Pontyclun Park

On Friday 8th October, a lady was walking with her 6-year-old daughter along the pavement on Cowbridge Road alongside the park towards Brynsadler.

She says that her daughter stepped off the pavement and onto the small gap between the pavement and park fence. She tripped on the remains of the base of one of the old fence posts and fell forwards onto the base of the next old fence post causing an injury

The lady contacted RCT CBC to complain on 13th October. RCT took the complaint seriously and arranged to remove the old fence post bases advising (as a courtesy) the Clerk that they had done so and that the issue had been dealt with. This was done by 4th November.

Unfortunately, no-one in RCT went back to the complainant to advise her of this and she felt that RCT were not dealing with the issue. She contacted our 2 RCT CBC County Councillors and Councillor Griffiths went with her to look at the area. It was quickly identified that the fence post bases had been removed, though she had not been told of this.

The lady feels she has not been treated well and is advising that she plans to claim against the Council. After Councillor Griffiths contacted RCT a representative did call the lady to discuss but she felt that this was again not handled well.

Whilst the pavement is RCT owned and maintained the land adjoining is our Park.

Notes

The old fence was replaced in 2015 on our instructions, by a local contractor. Some of the old fence post bases were left in situ at the time. The Clerk is advised that we were aware of this, however after inspection we decided that this was safe, and no action would be taken.

There is a small gap between the pavement and the fence which for the top section (from where the fence reaches the road down to about 10m short of where the telephone cables cross the road by Millfield) is about 15cm and after this it increases to about 30cm

The fence posts on the old fence were about 2.75m apart

Whilst the park grass is mowed the section at the fence line is not. It is sprayed annually with weedkiller, so the ground is bare for much of the year. This is mainly to protect the fence as the grass around it would require brush cutting which would damage the fence coating leading to faster rusting and breakdown of the fence. Over the years some soil will have eroded leaving the old fence post bases more exposed. This is also the case with the concrete holding the new posts up.

Further action

We have now set up a 6-monthly review of the fence line to identify any future issues so they can be dealt with in a timely manner

The Clerk has advised our Insurers of the incident, and awaits further guidance from them

The Council may wish to write to the lady apologising and a possible draft is below

54 Appendix 13

“Pontyclun Community Council expresses its deep regret for the injury to your daughter suffered on land leased to the Community Council.

The Council contracted a local firm to remove all the old iron fencing along Cowbridge Road in 2015 and replace that fencing with the current structure.

It would appear that since the time of removal and installation, the ground along the fence line has eroded and some of the old fence post bases have protruded. The exposed metal has now been removed and the Council will seek to ensure that its staff monitor the affected land on a regular basis and act, as necessary.

Once again the Council apologies for the injury caused”

Members may also wish to discuss other actions that they feel appropriate

Action – Members to agree course of action on this issue

55