CARDIFF COUNCIL CYNGOR CAERDYDD COUNCIL: 22 JUNE 2006 EXECUTIVE PROPOSAL AGENDA ITEM: SUPPLEMENTARY PLANNING GUIDANCE Reason for this Report 1. To advise on the outcome of consultation on the following draft Supplementary Planning Guidance (SPG) documents and recommend their adoption, as amended, by the Council:- (1) Access, Circulation & Parking Requirements (2) Archaeologically Sensitive Areas (3) Biodiversity (4) Dumballs Road (5) Locating Waste Management Facilities (6) Public Art (7) Safeguarding Employment Land. Background 2. Assembly Government guidance1 encourages local planning authorities to prepare SPG to provide advice on how development plan policies will be implemented. This should help those involved in the development and planning process understand the purpose and objectives of policies and assist the submission of permissible planning applications. 3. SPG must be consistent with planning legislation, Assembly guidance and the development plan. It should be prepared in consultation with the public and appropriate interests, and their views should be taken into account before formal Council approval. SPG may be given weight as a material consideration when making decisions on planning applications. 4. Planning Committee finds SPG helpful in determining planning applications and is keen to extend the range of existing guidance. 5. In February and March 2006 consultation was undertaken with the public on the above draft SPG. Each of the SPG appended to this report contains appendices outlining the specific consultation undertaken, a summary of the representations submitted and the changes made in response. 1 Unitary Development Plans Wales (WAG 2001) Page 1 of 4 6. Most of the comments received were minor and technical in nature however there were a few significant comments and these and the proposed changes are summarised below:- • Access, Circulation and Parking Requirements – concern was expressed over the lack of requirement for non operational parking in new student residences and potential problems of on-street parking. [Response to be circulated at Portfolio meeting] • Public Art – concern was expressed over the wording of the paragraph relating to “Percent for Art” which could imply that developers will be required rather than encouraged to provide public art in new development schemes. In response it is proposed that the wording is amended to better clarify that the Council encourages rather than seeks to impose such a requirement. • Locating Waste Facilities – concern was expressed over the preference in the SPG for accommodating such facilities on general industrial land (Class B2). No change is proposed to the SPG which reflects Assembly guidance to locate such facilities in B2 areas where the impact on the local population and environment is minimised. In addition the SPG does not preclude development of waste facilities outside B2 areas but states that such areas are identified as the first area of search. • Safeguarding Employment Land – concern was expressed that the SPG should acknowledge that national policy actively encourages use of employment land that is not needed within the development plan period. In response no change is proposed as the SPG will provide detail on the policy context for releasing employment land which is no longer viable for such use and covers all existing land not just development plan allocations. Reason for the Recommendation 7. To comply with Welsh Assembly Government guidance on the process for preparing Supplementary Planning Guidance. Legal Implications 8. The adopted development plan the City of Cardiff Local Plan (adopted January 1996) contains policies and proposals which provide the basis for deciding planning applications. The policies in the adopted development plan have special status under Section 54A of the Town and Country Planning Act 1990 (“the 1990 Act”) which means that planning decisions must be taken by the council’s planning authority in accordance with it unless material considerations indicate otherwise. 9. Whilst the development plan contains policies and proposals which provide the basis for deciding planning applications supplementary planning guidance (“SPG”) can be used as a means of setting out more detailed guidance on the away in which those policies will be applied in particular circumstances or areas. An SPG may be taken into account by the LPA as a material consideration when determining a planning application. Page 2 of 4 10. In order for an SPG to be given as much weight as possible as a material consideration it must be formulated, prepared and adopted in the proper manner. An SPG must therefore conform to the requirements mentioned in Paragraph 3 above. 11. All decisions taken by or on behalf of the Council must (a) be within the legal power of the Council; (b) comply with the procedural requirements imposed by law; (c) be within the powers of the body or person exercising powers on behalf of the Council; (d) be undertaken in accordance with the procedural requirements imposed by the Council e.g. standing orders and financial regulations; (e) be fully and properly informed; (f) be properly motivated; (g) be taken having regard to the Council’s fiduciary duty to its taxpayers; and (h) be reasonable and proper in all the circumstances. Financial Implications 12. No direct financial implications are expected to arise from the implementation of the recommendation for this report. EXECUTIVE CONSIDERATION 13. The Executive considered this report on 4 May 2006 and resolved that relevant officers be requested to reconsider the content of the SPG relating to Archaelogically Sensitive sites to address the views expressed at the meeting before Council consideration. EXECUTIVE PROPOSAL That Council be recommended to adopt the following Supplementary Planning Guidance documents, as appended to the report: (1) Access, Circulation & Parking Requirements; (2) Archaeologically Sensitive Areas (as amended); (3) Biodiversity; (4) Dumballs Road; (5) Locating Waste Management Facilities; (6) Public Art; (7) Safeguarding Employment Land. THE EXECUTIVE 4 May 2006 The following Appendices are attached:- (1) Supplementary Planning Guidance: Access, Circulation & Parking Requirements (2) Supplementary Planning Guidance: Archaeologically Sensitive (3) Supplementary Planning Guidance: Biodiversity (Parts 1 & 2) (4) Supplementary Planning Guidance: Dumballs Road Page 3 of 4 (5) Supplementary Planning Guidance: Locating Waste Management Facilities (6) Supplementary Planning Guidance: Public Art (7) Supplementary Planning Guidance: Safeguarding Employment Land Page 4 of 4 Appendix 5 Supplementary Planning Guidance Locating Waste Management Facilities (For Council Approval in June 2006) Cardiff Supplementary Planning Guidance Locating Waste Management Facilities Contents Page 1 Introduction 1 2 Policy Context 2 European and National Guidance Local Planning Policy 3 Scope of Guidance 3 4 Underlying Principles 4 Sustainability – BPEO/SWMO Waste Hierarchy Proximity principle and regional self-sufficiency Flexibility 5 Need for Waste Management Facilities 6 6 Locational Considerations 7 Appropriate locations in principle Specific Locational considerations 7 Environmental Considerations 9 Environmental Assessment Environmental Impact of Principal Waste Management Facilities Environmental Impact of Landfill Sites General Environmental Considerations 8 Mitigating measures 13 9 Licensing 14 List of Appendices A Relevant Development Plan Policies 15 B Cardiff Unitary Development Plan 17 C Relevant Strategies and Legislation 19 D Extracts from Cardiff’s Draft Municipal Waste Strategy 21 E Extracts from South East Wales Regional Waste Plan 22 F Waste Hierarchy 24 G Consultation on Draft SPG 25 H Consultation Representations and Responses 27 Approved by Cardiff Council [22 June] 2006 Cardiff Supplementary Planning Guidance Locating Waste Management Facilities 1. Introduction 1.1 This draft Supplementary Planning Guidance Note (SPG) relates to waste policies in the existing development plan for Cardiff. It is intended to : • identify the developments to which the policies apply; • identify acceptable locations for waste facilities in principle; and • provide advice to prospective applicants and the general public on the criteria against which proposals for waste facilities will be considered. 1.2 The guidance has been the subject of consultation outlined in Appendix G and Appendix H identifies the main changes made in response to the comments received. It was approved by Council on [22 June] 2006. 1.3 The Welsh Assembly Government supports the use of Supplementary Guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas1. SPG must be consistent with development plan polices and national planning policy guidance. It may be taken into account as a material planning consideration in planning decisions. 1.4 Policies in the existing development plans to which this draft SPG relates are identified in Appendix A. 1.5 Although not necessarily land-use planning documents, there are a number of other strategies and EC Directives which will require consideration. A list of the most relevant documents is contained in Appendix C. This list is not exhaustive. 1.6 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive, in May 2005 the Council resolved, with the agreement