Plaid Cymru are not minded to oppose these roads through Bute Park

Cllr Delme Bowan Plaid writes on Bute Park Plan

I have now had time to consult on what is happening at Bute Park. As you know Lottery funding has been secured to conserve the Park. In general the plan is to open the Castle for free entry by pedestrians and cyclists from Duke Street. The public can then enjoy the ambience of Castle Green. The North Gate of the Castle would then be opened to pedestrians and cyclists only, allowing them free unimpeded use of the current pathways around the North Gate ( These are currently used by maintainance vehicles ). It is further intended to make a new entrance for the current vehicles nearer to the nursery areas which they serevice, hence the planning application for the feeder canal bridge. This was consulted on and passed,very few consultants turned up. I was involved ith you in checking the traffic sfaety arrangements re: Corbett Rd and cycle access
I have been advised that Cllr Gwenllian Lansdown is not empowered to call in a Planning issue for Scrutiny ( though this may be a WAG function).
I have also been advised that in the main, only some of the current paths in the Park will be used by vehicles accessing the nursery and Park for maintainance. Small changes will however be required at the bell shaped entrance from the new bridge and at the bends near the nursery to ensure safety. The County have also been advised that a few of the pathways may have to be raised in some areas so as to avaid any impact on the roots of trees.
I know of no commercial interests in respect of the nursery. I understand it supplies flowers for our city parks and plants for Cardiff In Bloom a national and european competition which we have won now for several years and which is much appreciated by the public. I understand that Horticulture at UWIC also has an interest and that appreniceships can be established in horticulture as an educational asset.
Plaid Cymru are not minded to oppose these public access developments.

Delme
bowenid@Cardiff.ac.uk

corrupt Cllrs vote for car park in park for sky tv

Outdoor games area in Sophia Gardens will make way for extra parking spaces
Feb 19 2009 by Gavin O'Connor, South Wales Echo

Outdoor games area in Sophia Gardens will make way for extra parking spaces

CAMPAIGNERS have lost their battle to preserve green space and sports facilities in a section of historic city parkland.

Members of Cardiff council’s planning committee last night voted in favour of extending the car park outside the Welsh Institute of Sport in Sophia Gardens.

The decision means the Grade II listed park’s multi-purpose sports area will be lost at the expense of more spaces for vehicles driving into the Cathedral Road conservation area.

One thousand objectors signed a petition and four members of the planning committee were persuaded by their arguments.

But six members voted in the scheme at a packed meeting held at City Hall yesterday.

The development will see 161 car park spaces boosted to 235 – but less than the initial intention of 252 spaces.

Simon Warder, planning director for developers RPS, on behalf of Cardiff Council, said the project would solve the issues related to “casual parking” and have a positive impact.

“There are many other recreation facilities close by, including the multi-use games area in Canton,” he said. Greg Butterworth, 40, of Cathedral Road, addressed the committee and spoke of his disgust at what the approved outcome would mean.

“The council’s special projects department is supposed to serve the people of Cardiff,” he said. “This planning application and the issues around it remain a disgrace.”

The extra space would cater for TV vehicles visiting nearby sporting events such as the upcoming Ashes fixture at Glamorgan Cricket Club’s Swalec Stadium.

Pat Mckenna, of Pontcanna, also spoke on behalf of residents against the plans and said the historic features of the park were suffering “gradual destruction”.

She said: “The bribe of seven new lime trees being planted should not buy this application.

“Far from being preserved, the parklands are being ravaged by development.”

However, committee member, Coun Keith Hyde, who changed his mind to cast a positive vote for the development, said: “We are not really doing a lot other than tidying up the car park. This revised scheme is much better.”

No car park in Sophia Gardens for Sky TV!

Take Action now – your Park is not safe with R Berman Lib Dem

For the third time Cardiff council comes back to planning committee to push through this plan for MORE CAR PARKING in Bute Park in Part of Sophia Gardens, Sophia Close, Riverside

Take a minute to email the planning department!
Find the application here which is 08/1465W on the agenda on the council’s website for 18th Feb (page 324); this Wednesday!

This proposal is to increase the car parking for the new cricket ground. On “Test Match” dates the area will be used to house outside broadcast vans and trailers. Surely this is against policy 1.N of the Unitary Plan which clearly states “car parking will be reduced” in favour of public transport.

It is against all planning directives and laws recently promoted by Government and Council, i.e. the UDP, LDP and European SEA all promote the environment and protect open recreational spaces. Nowhere does it say
“remove sports facilities and open spaces to make parking for the Council,private companies and Sky”

There is a requirement is in the Park & Green Space Strategy which says
"Ensuring that all new developments or changes in the service are properly assessed for sustainability prior to implementation." I can see no report on any such assessment

An objector states that the application remains a disgrace.
He draws attention to the strategic agenda of the Welsh Assembly
government Local Plan, policies (Open Space 2.53, Historic Parks and
Conservation Areas 2.5.4.), are identical to application 08/01518/W that was refused contrary to para. 4.5 SPG June 1996. Amenity would worsen from noise and comings and goings of traffic.
Nowhere does it say turn public facilities in a protected historic park in a
Conservation Area to a car park. Also the photos of two proposed views
supplied by the applicant in their submission are grossly incorrect to the point of incompetence or corruption. (these have been withdrawn by the agent now that this crime has been pointed out)

Some work has already been carried out before planning permission -Under the description DESCRIPTION OF PROPOSED DEVELOPMENT
“The submitted plans show: Removal of grass-crete and 39 car parking spaces along the spine road to Pontcanna Fields and its replacement with grass and timber bollards (already carried out)”

The council claim disgracefully that ‘much of the original character and features of Sophia Gardens has been lost’ due their neglect and petrol head approach but the park is still registered Grade II, because of its historic importance as the first public park in Cardiff and one of the earliest in Wales, and as such every opportunity should be taken to address the failings
of the mid to late C20th and try to reinstate this park as one of the nationally important ensemble of parks in the heart of the Capital City.

As the Welsh Historic Gardens Trust point out the commercialisation and dilution of these important parks must be halted to ensure the survival of this important legacy from the Victorian and Edwardian eras, that will reap huge benefits to the City as the effects of global warming increase plus the benefits of green spaces that impact positively on the physical and psychological health of the residents of Cardiff and its many tourists

It isn’t too late to write to the planning department and your councillor and copy in Lib Dem leader of the council R Berman: rberman@cardiff.gov.uk,


I think this film is made for R Berman and Cardiff Councillors - AGE OF STUPID!

Planning; Development Manager Development Control City Hall Cardiff CF10 3ND
029 2087 1135 developmentcontrol@cardiff

.gov.uk

Find your councillor;
http://www.writetothem.com/write?who=all&type=UTE&pc=CF23+5NN&fyr_extref=http%3A%2F%2Fgardengrabbing.blogspot.com%2F

Don’t let council destroy Cardiff’s Bute Park

Don’t let council destroy Cardiff’s Bute Park

Feb 14 2009 by Dylan Jones-Evans, Western Mail

CARDIFF is a capital city of which every Welsh citizen should be proud.

Not only does it have superb civic buildings, iconic world-class structures such as the Millennium Stadium and great shopping facilities, it also has some of the best parkland of any urban area in the world.

One of these iconic green areas is Bute Park. This is an incredible creation of man-made beauty which was originally developed by the great landscape artist, Capability Brown, in the late 18th century and subsequently gifted to the people of Cardiff by the Third Marquess of Bute. It really is something special in the midst of the noise and bustle of the youngest capital city in Europe.

Given this, you would have thought that the first priority of its guardians at Cardiff Council would be to keep the park in its original and pristine condition. However, they have now decided, in their questionable wisdom, that instead of investing in its unique features, they intend to build a £1.4m bridge and two-lane access which will devastate one of the most beautiful and tranquil parts of the park, and bisect the pathway used by walkers and cyclists.

And the reason for this decision? According to the council, it wants to facilitate greater ease of access for articulated lorries entering the park for concerts and events. Indeed, it would seem that at a time when the environment is one of the key themes of every development strategy globally, this green space that makes Cardiff so special is being eroded for commercial gain.

Of course, if the capital city did not already have any musical venues, then some would sympathise with improving access to an open air concert location. However, that is clearly not the case as Cardiff has an abundance of venues, ranging from the Millennium Stadium and the CIA for stadium concerts to more intimate arenas such as the New Theatre, St David’s Hall and the Sherman Theatre. Of course, it also has the magnificent Millennium Centre and I am sure that the new Cardiff City Stadium will also look to attract musical events as part of its commercial future. Even the grounds of Cardiff Castle have attracted the likes of Tom Jones and Rod Stewart in the past.

So why do civic leaders want another temporary musical venue when there are so many?

To date, officials and councillors have ignored the need for any dialogue with those who oppose any such developments within the city centre. Not only does that suggest civic arrogance in the extreme, but it ignores the fact that their actions are undermining the very fabric of the city they were elected to serve.

At the very least, Cardiff Council should hold a wide-ranging public inquiry into the future use of the green spaces in the capital city and ensure that those council tax payers who pay their salaries are fully consulted on the matter. Indeed, if they do not, then many will believe that this is the first step in opening the floodgates for the rest of Cardiff’s parklands to be exploited for short-term financial gains.

So what can be done? Many of you going to the rugby match this afternoon may end up parking on North Road. I would urge you to go through Bute Park and see the wonders of this national treasure. More relevantly, the Bute Park Alliance is holding an awareness event from 11am-1pm in Castle Street and if you have the time, pop over and lend your support.

Assets such as Bute Park should not only be appreciated for their aesthetic and recreational qualities but also play a vital part in addressing issues such as the quality of air, nature conservation, recreation and health problems.

In this day and age, it is all too easy to take our public amenities too much for granted. Unfortunately, we only realise, when they are taken away from us, what we are missing and we are all the poorer for it
BBC NEWS | Wales | South East Wales | Park protesters show their love 14 Feb 2009 ...
Bute Parks Alliance are opposed to a council scheme to build a new lorry route to nurseries in the Cardiff park. ...

BBC NEWS | Wales | South East Wales | Park protesters show their love

Paper hearts will be displayed to mark Valentine's Day by protestors against a development project in a city park. Bute Parks Alliance are opposed to a ...

Council Officers caught out aiding and abetting unlawful tree felling

This lib dem council cannot claim any green credentials!

Lib Dems boast "All our policies have a green thread running through them. We believe achieving sustainability cannot be done by one government department alone. Damage to our environment damages personal health, impoverishes economies and weakens communities."

Council Officers caught out aiding and abetting unlawful tree felling

next to the College of Music & Drama

While the Council granted the college permission for a concert hall development just pre-Xmas, there are many pre-conditions to be satisfied that include site investigations be for the development can start. There are also legal processes to cover leasing out the land which was approved by the Council Executive on 15 January.

But the officers swung into action, first permitting the College’s contracters to enter Bute Park and fell trees on the intended site. Second, they gave S.211 approval to cutting down trees in the Conservation Area (29 January letter, below). The Conservation Area status protects all trees in the Park and on College land.

The purpose of the special permissions is said (29 January letter) to enable the tree felling before the start of the nesting season (1 March). Then the Planning Department declared that felling the mature trees was not ‘development’ but ‘preparatory to development’[2 Feb e-mail, attached].

However, an objection from Max Wallis of the Save Bute Park campaign forced the Council’s legal officer* to disclose that caselaw had determined

# that prior operations had to be “only preparatory” and

# not operations with “some degree of permanence”.

This clearly excludes the felling of mature trees, whose replacement would take decades. Some new planting to cover the big gap in Bute Park’s trees is a requirement of the development, but they won’t cover this wound for decades.

Max Wallis said: because meeting the 17 pre-conditions will take months, someone decided to bypass the law. It’s obvious to anyone that felling mature trees cannot be reversed if the development never proceeds for reasons of finance or the pre-conditions being too onerous.

The College knew it was being challenged, but still sent their contractors in. claiming they had the necessary permissions*. We insist that the Council takes enforcement action against clearly unlawful tree felling, as a lesson to others and to extract compensatory planting of major trees to replace those lost.

[1] e-mail exchange attached with the case officer and the legal officer Geoff Shimell

[2] A statement by Hilary Boulding, College Principal, on 2 February said:

I can confirm that all conditions that the College was required to fulfil in advance of commencing tree felling have been fulfilled. The College has received the necessary permissions to begin work on both its own land and the adjacent area of Bute Park.

My Ref: SP & E/TL/ /411PN0062v1/TPO/CON Cathays Park

Your Ref:

Date: 29 January 2009

PAUL LANCASTLE DAVIS LANGDON LLP

4 Pierhead Street Capital Waterside

CARDIFF

CF10 4QP

Dear Sir

Re: Cathays Park Conservation Area

Trees at and Adjacent Welsh College of Music and Drama

I refer to your application Received on 29 January 2009 giving notice of work you intend to do to trees at and around the Welsh College of Music and Drama.

The Planning Authority has no objection to the tree works set out in Planning Permission 08/01575/C and its associated Section 106 agreement.

The reason for the Authority not objecting is that the tree issues have been decided by the planning permission, and starting the tree works (in advance of discharge of all the pre-conditions) will enable the tree works to be completed before there is a likeleyhood of endangering or disturbing nesting birds.

Should you require further information, please contact Tony Lovelock on the number below.

Yours faithfully

James Clemence

Group Leader Natural Environment

immediate suspension of the tree felling

we ask Cllrs to call for an immediate suspension of the tree felling?

Thank you for your reply below with the extract from Lord Denning’s judgement.

I am not talking about a ‘change in use’ of a front garden to retail purposes, but about the separate sub-clause:

(e) any change in the use of any land which constitutes material development.

so that part of your argument can be discarded.

This development includes the felling of mature trees in the Conservation Area (that otherwise would not be permitted) and tree planting within the Park to replace the existing tree screen (immediately to the east of the dock feeder and to the north and south of the planning application site boundary).

Lord Denning distinguishes between bringing equipment onto the site or pegging out a site – “operations” that can be readily reversed – and activities causing physical alteration “with some degree of permanence to the land itself:…”.

I note that

# felling of mature trees indisputably satisfies the “some degree of permanence” criterion – we don’t need to argue a 10 year or 30 year duration, even if semi-mature trees were to be planted (not yet determined)

# the landscape of Bute Park is a key characteristic (Grade 1 landscape)

# mature trees are an ecosystem that cannot be quickly recreated, providing habitat for a range of birds and plants and invertebrates lower in the food chain.

# land denuded of trees suffers changes in nutrient balance, erosion and leaching (eg. into the canal). This could be relevant to at least one pre-condition.

Thus Lord Denning’s condition - for operations that cannot readily be reversed having a degree of permanence to the land covered by the development as conditioned - clearly applies to felling of mature trees, at least in this special location.

Lord Denning does indeed conclude on the matter of sympathy for the developer or the public, saying when sympathies are balanced, one must decide “by the true interpretation of the statute”. Council officers have no role in deciding that the balance of sympathies lie with the developer as you imply they have done.

You say “it is a matter for the Planning Officer to consider the facts and come to a professional conclusion” to justify, post hoc, their decision. I infer they did it without taking legal advice on what you claim to be an arguable area of law.

The Planning Officers were unaware of Lord Denning’s “degree of permanence” argument and are not qualified to draw a “professional conclusion”. You have not been able to provide them with a defence, so instead of passing the buck to their “professionalism” you need to tell them their position is not a true interpretation of the Statute.


-----"Shimell, Geoff" wrote: -----

From: "Shimell, Geoff"
Date: 02/05/2009 12:48PM
Subject: College of Music

Dear
I refer to your email of 4 February timed at 15.26, which has been forwarded to me by the Planning Officer. The question of whether a planning permission has been implemented is complex issue which turns on the facts of individual cases. Litigation normally arises where the Planning Authority is contending that permission has not been implemented when a developer seeks to preserve a permission which has run out of time by contending that some preliminary works amount to "implementation".

I thought it would useful to send you the attached extract which sets out the view of a senior Judge ie Lord Denning in a 1982 Court of Appeal case, called Malvern DC v. Secretary of State for the Environment [even though the Judges in that case disagreed on their interpretation of the facts!] The case refers to section 43 of the 1971 Planning Act which has now been replaced by section 56 of the current Act

As you will see, Lord Denning says that preparatory works will not implement a permission. The section talks about a "material operation" and " a change in use of any land which constitutes material development". By reference to Lod Denning's interpretation of "a material operation" I am not aware of the College having carried out any works which fall within the definition. In regard to a change of use which is material development, you will note Lord Denning's reference to changing the use of a front garden occuring when the new use begins. The planning officer has advised you of his view that Bute Park is an open space consisting of trees, shrubs and grass land. He removal of the tress as preparatory works does not change that open space use. That will only occur when the College implements it construction of the Concert Hall.

Lord Denning concludes that there is a diffcult balance to be drawn between the interests of the developer and others. However the Planning Officer has considered the present set of facts and has come to the conclusion that there has not been a material operation or a change of use which constitutes material development. The view of Lord Denning was followed by Mr Justice Elias in a 2001 case called Connaught Quarries Ltd v. Secretary of State for the Environment, Transport and the Regions and Hampshire County Council, where the Judge said that "this was an area where different [Planning] Inspectors could have come to different conclusions without erring in law". That is to say, it is a matter for the Planning Officer to consider the facts and come to a professional conclusion.

Geoff Shimell
for Legal Services / Gwasanaethau Cyfreithiol
County Hall/Neuadd y Sir
Atlantic Wharf/Glanfa Iwerydd
Cardiff/Caerdydd
CF10 4UW

Tel/Ffon 029 20 872430
Fax/Ffacs 029 20 872470

appeal to cllrs to stop Bute Park tree felling

To Cllrs,

I attach the 17 pre-conditions set by the Council before the development at the College M&D is allowed to proceed, that we have just obtained. It is obvious these in toto would take an appreciable time (months) involving negotiations with officers before they can be satisfied ('discharged'). Conditions on archaeology and chemical sampling might even turn up costly or unsurmountable obstacles to the development.

Any development is normally held up (especially development in sensitive locations) until investigations are complete and details are settled precisely because unforeseen obstacles or changed circumstances may mean it doesn't proceed for years (or at all).

In this case, special permits have been granted to allow the tree felling in advance. Why and on whose say-so you might ask. I maintain the officers have not succeeded in getting round the letter of the law. The case officer has referred it back to the Legal Dept. who have not referred to any caselaw for their claim that the clause 56(4)(e) below does not apply.
Will you defend the spirit of the law and try to stop further tree felling at least pending proper determination?

Max

17 pre-conditions set by the Council

No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until details of access facilities for disabled persons, have been submitted to and approved in writing by the local planning authority
Prior to the commencement of development, a scheme of highway improvement/accommodation works to North Road/A470 and the North Road car park where they abut the site and/or are affected by the proposed development, and a timetable for its implementation shall be submitted to and approved by the Local Planning Authority.
Prior to the commencement of development a specific Event Management Plan to detail transport arrangements for performances (audience, performers and crew/equipment) where the audience figures exceed those currently catered for and/or events held before 18.00hrs Monday to Saturday is to be submitted to and approved in writing by the Local Planning Authority
Prior to commencement of each phase of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities.
No development shall take place until details of the junction between the proposed access road and the highway have been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until details showing the provision of cycle parking spaces have been submitted to and approved in writing by the local planning authority.
No development shall take place until details of facilities for the storage and collection of refuse/recycling containers have been submitted to and approved in writing by the Local Planning Authority. The details provided shall be based on the findings of a ‘waste and recycling audit’ which shall be undertaken by the college in order to predict the necessary waste storage capacity and determine the storage and collections requirements of the facility, which shall be submitted simultaneously with the aforementioned details.
No excavations/groundworks shall take place until a written scheme of archaeological investigation has been submitted to and approved by the Local Planning Authority.
Prior to the commencement of development, a detailed management scheme for the treatment and disposal of soils affected by Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority.
No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority.
No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until full details of hard and soft landscape works and tree planting within the application site have been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until full details of hard and soft landscape works and tree planting to be undertaken outside of the application site (immediately to the east of the dock feeder, within Bute Park, and to the north and south of the planning application site boundary) have been submitted to and approved in writing by the Local Planning Authority.
Prior to commencement of development, details of the proposed site compound / hoardings and access thereto shall be submitted to and approved by the Local Planning Authority and the compound shall accord with the approved details for the duration of the construction, unless otherwise agreed in writing with the Local Planning Authority.
No development shall commence until such time as a development phasing plan has been submitted to and approved in writing by the local planning authority
Prior to the commencement of development, the eastern bank of the dock feeder shall be enclosed to mitigate against my potential for the pollution of that watercourse in accordance with a scheme of detail which shall first have been submitted to and approved by the Local Planning Authority.