Agenda, decisions and minutes

Venue: Committee Rooms A/B - Neath Civic Centre. View directions

Contact: Nicola Headon 

Note: This meeting will start immediately following the Scrutiny Committee 

Items
No. Item

1.

Appointment of Chairperson

Minutes:

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

 

2.

Member's Declaration of Interest

Minutes:

The following Member made a declaration of interest at the commencement of the meeting:-

 

Councillor A.Wingrave         Re -        The Report of the Head of Property and Regeneration, Establishment of the Local Project Board for Neath Port Talbot, as she is the Cabinet Member for Regeneration and Sustainable Development, and proposed representative on the Board.

3.

Forward Work Programme 2018/19 pdf icon PDF 65 KB

Minutes:

Decision:

 

That the Forward Work Programme be noted.

4.

Rural Development Plan 2014-2020 pdf icon PDF 62 KB

Report of the Head of Participation

Minutes:

That the report be noted.

5.

Neath Port Talbot Local Development Plan (LDP) – Consideration of: the responses to the comments received following consultation on draft Supplementary Planning Guidance (SPG); and the
adoption and publication procedures to be implemented pdf icon PDF 8 MB

Head of Planning and Public Protection

Decision:

1.    That the responses and recommendations to the Supplementary Planning Guidance (SPG) representations received, as set out in Appendix 1, of the circulated report, be agreed.

 

2.    That the revised Historic Environment Supplementary Planning Guidance (SPG) as set out in Appendix 2, of the circulated report, be agreed.

 

3.    That the adoption and publication procedures as set out in the circulated report be implemented.

Minutes:

Decisions:

1.              That the responses and recommendations to the Supplementary Planning Guidance (SPG) representations received, as set out in Appendix 1 of the circulated report, be agreed.

 

2.              That the revised Historic Environment Supplementary Planning Guidance (SPG) as set out in Appendix 2 of the circulated report, be agreed.

 

3.              That the adoption and publication procedures, as set out in the circulated report, be implemented.

 

Reason for Decisions:

 

To ensure that clear supplementary guidance is issued by the Council in respect of the ‘The Historic Environment’.

 

Implementation of Decisions:

 

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

6.

Alleged Public Footpath from Darwin Road to Newbridge Road, Community of Sandfields pdf icon PDF 99 KB

Report of the Head of Legal Services

Additional documents:

Decision:

1.    That the newer path B-C (Plan No.1, of the circulated report) is the preferred and used route, this length be made the subject of a modification order as specified in 5.11 of the circulated report, and if no objections are made to confirm the same.

 

2.    That the earlier route B-B3-B2-B4 (Plan No.2 of the circulated report) via the bold line, is given legal recognition and be the subject of an extinguishment order on the grounds it is no longer needed for use.

 

3.    That as the path does not have to be entered into the Definitive map before it is diverted.

 

4.    That both paths be accorded legal status and so whilst there are grounds to add the length B3-B2-B4 via the bold line to the Definitive map, it be made the subject of an extinguishment order, rather than first being included into the Definitive map before being extinguished.  Also the path B-B3-B2-B4-C be extinguished as it is no longer needed for public use.

 

5.    That an existing order be made under Section 118 of Highways Act 1980 for the length of path B-B2-B4 shown on plan Number 2, of the circulated report, and if no objections are made to confirm the same as an opposed order.

Minutes:

Decisions:

 

1.    That the newer path B-C (Plan No.1, of the circulated report) be the preferred and used route and this length be made the subject of a Modification Order as specified in 5.11 of the circulated report, and if no objections are made to confirm the same.

 

2.    That the earlier route B-B3-B2-B4 (Plan No.2 of the circulated report) via the bold line, be given legal recognition and be the subject of an Extinguishment Order on the grounds it was no longer needed for use.

 

3.    That the path not be entered into the Definitive map before it was diverted.

 

4.    That both paths be accorded legal status and so whilst there was grounds to add the length B3-B2-B4 via the bold line to the Definitive map, it be made the subject of an Extinguishment Order, rather than being included into the Definitive map before being extinguished.  Also the path B-B3-B2-B4-C be extinguished as it was no longer needed for public use.

 

5.    That an existing Order be made under Section 118 of Highways Act 1980 for the length of path B-B2-B4 shown on plan Number 2, of the circulated report, and if no objections are made to confirm the same as an opposed Order.

 

Reasons for Decisions:

 

To determine an application which alleged a public footpath existed alongside part of the estuary, commencing on Newbridge Road at the point it met the pedestrian bridge which was currently closed, before turning into the land occupied by the Greenstar Rugby Club.

 

        Implementation of Decisions:

 

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

 

 

 

7.

Application to upgrade Footpaths No's 1 and 2 to a Public Bridleway, Community of Blaenhonddan pdf icon PDF 111 KB

Report of the Head of Legal Services

Additional documents:

Decision:

That no modification order be made as stated in Paragraph 4.2 of the circulated report, and the application to upgrade the public footpaths shown on Plan No. 1 to a public bridleway, be refused.

Minutes:

Decision:

 

That a No Modification Order be made as stated in Paragraph 4.2 of the circulated report, and the application be refused.

 

          Reasons for Decision:

 

1.              At the previous public inquiry held in 1999 the appointed Inspector concluded there had been no dedication of a public bridleway by that date.

2.              None of the evidence submitted in support of the current and outstanding 2017 application has established otherwise.

3.              There has been no 20 years uninterrupted use since 1999 to satisfy the provisions of Section 31 of the Highways Act 1980.

4.              No dedication under common law can be shown to have occurred since 1999.

 

Implementation of Decision:

 

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

 

Consultation:

 

The item has been subject to extensive consultation.

 

 

8.

Alleged Public Footpath from Earlsfield Close to Glyneath Library (A-B) Community of Glyneath pdf icon PDF 54 KB

Report of the Head of Legal Services

Additional documents:

Decision:

That the Council informs the Planning Inspectorate it wishes to take a neutral stance in any subsequent Public Inquiry.

 

 

Minutes:

Decision:

 

That this Council informs the Planning Inspectorate it wishes to take a neutral stance in any subsequent Public Inquiry.

 

Reason for Decision:

 

It is noted that the appeal was allowed and that the Authority had been directed to make a Modification Order. If there were objections to this order, it was reasonable and consistent with its previous decision, that this Authority take no further proactive part and only assist the Inspector at any subsequent public inquiry.

 

Implementation of Decision:

 

The decision is for immediate implementation.

 

The Chair of the Regeneration and Sustainable Development Cabinet Board had agreed this course of action and there would therefore be no call in on this decision.

 

Consultation:

 

This item has been subject to consultation with Local Members and affected landowners.

9.

Urgent Item

Minutes:

Because of the need to deal now with the matters contained in Minute No. 15 below, the Chairperson agreed that this could be raised at today’s meeting as urgent items pursuant to Statutory Instrument 2001 No.2290 (as amended).

 

Reason:  Due to the time element.

 

10.

Establishment of the Local Project Board for Neath Port Talbot pdf icon PDF 66 KB

Additional documents:

Decision:

That the establishment of a Local Project Board ‘Local Regeneration Programme Board’ for Neath Port Talbot to provide leadership and accountability for strategic regeneration programmes and projects impacting in the local area, be approved. 

 

Minutes:

Decision:

 

That the establishment of a Local Project Board ‘Local Regeneration Programme Board’ for Neath Port Talbot to provide leadership and accountability for strategic regeneration programmes and projects impacting in the local area, be approved. 

 

Reason for Decision:

 

To enable the Council to continue to secure strategic regeneration funding to delivery Council priorities.

 

Implementation of Decision:

 

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

 

 

11.

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.

Minutes:

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.

 

12.

Proposed Renewal of the Lease and Service Level Agreement to the Field Studies Council of the Discovery Centre at Margam Country Park, Port Talbot

Private joint report of the Head of Property and Regeneration and the Head of Transformation

Decision:

1.    That the grant of the Lease and Supplemental Agreement for the Discovery Centre, as detailed in the private circulated report, be approved.

 

2.    That the Head of Property and Regeneration (in consultation with the Head of Transformation and Head of Legal Services) agree any minor amendments to the documentation provided, they do not materially alter the key terms, as detailed in the private circulated report.

 

 

Minutes:

Decisions:

 

1.              That the grant of the Lease and Supplemental Agreement for the Margam Discovery Centre, as detailed in the private circulated report, be approved.

 

2.              That the Head of Property and Regeneration, in consultation with the Head of Transformation and Head of Legal Services, agree any minor amendments to the documentation provided, that they do not materially alter the key terms, as detailed in the private circulated report.

 

Reasons for Decisions:

 

To ensure that the Council can continue to provide educational, environmental and cultural services to the Neath Port Talbot Schools at a reduced cost and to ensure that existing relationships with the Fields Studies Council can be developed to further promote development at Margam Country Park to ensure continuity of service to both Neath Port Talbot County Borough Council and the Neath Port Talbot Schools.

 

Implementation of Decisions:

 

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

 

Consultation:

 

This item has been subject to consultation with Local Members.

 

 

 

13.

Former Caewern Upper Respite Home, Bryncoch, Neath

Private Report of the Head of Property & Regeneration

 

Decision:

That approval be granted to accept the recommended offer for the former Caewern Upper Respite Home, Bryncoch, Neath, as detailed in the private circulated report.

Minutes:

Decision:

 

That approval be granted to accept the recommended offer for the former Caewern Upper Respite Home, Bryncoch, Neath, as detailed in the private circulated report.

 

Reason for Decision:

 

To enable the disposal of a surplus property and attain 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 Local Members.

 

14.

Neath Town Centre Redevelopment

Private Report of the Head of Property and Regeneration

Minutes:

Decision:

 

That approval be granted to undertake a procurement exercise for the revised scheme at Neath Town Centre, as detailed in the private circulate report.

 

Reason for Decision:

 

To provide a revised redevelopment scheme for Neath that will contribute to the vitality and vibrancy of the town centre.

 

Implementation of Decision:

 

The decision is for immediate implementation.

 

The Chair of the Regeneration and Sustainable Development Cabinet Board had agreed this course of action and there would therefore be no call in on this decision.

 

Consultation:

 

Local Members have been consulted.