Cardiff council ‘did not break planning law by restricting access to Bute Park this summer’

Martin Shipton

Cardiff council has insisted it did nothing wrong when restricting public access this summer to historic parkland close to Cardiff Castle.

For the second year running, objections have been made to the authority’s decision to allow a series of rock concerts known as Blackweir Live to take place on land meant to be enjoyed in tranquillity by residents of the Welsh capital.

While restrictions can be waived for a limited period, in 2025 the land concerned was shut off to the public for too long.

This year James Bischoff, of the group Friends of Bute Park, told Nation.Cymru he believed the council may have again broken the law by failing to seek planning permission for three temporary developments in the area concerned.

He told Nation.Cymru: “I believe it might be worth your while looking into three areas where Cardiff council may well be once again flouting the planning regulations and failing to obtain Planning Permission for:

1. Erecting a stage and an ice rink therefore restricting public access for more than 28 days to over one third of the public land in Cardiff Castle.

2. Fencing off, placing two metal containers and hanging festoons of lighting on approximately one acre of land in Bute Park to the north of Cardiff Castle for in excess of 28 days.

3. Permitting a trailer park, where four large lorry trailers have been parked without being moved, to exist on Coopers’ Field, Bute Park for in excess of 28 days.

Mr Bischoff added: “Following their failure to obtain planning permission for Blackweir Fields in 2025 I feel this is another breach of planning when Cardiff council is again riding roughshod over the people they were elected to represent.

“I am not an expert on planning but I believe this to be correct and I have attempted to find out if planning permission is needed or had even been applied for in any/all of the three cases. I feel further research into this is needed.”

Reviewed

We asked Cardiff council to respond to Mr Bischoff’s concerns. A spokesperson said: “Officers have reviewed each of the matters raised and concluded that neither the temporary event infrastructure at Cardiff Castle, the temporary fencing, containers and lighting in Bute Park, nor the temporary stationing of trailers on Coopers Field constitute development requiring planning permission.

“In each case, the structures concerned are considered to be temporary chattels and the activities do not result in a material change of use of the land. As no development has occurred within the meaning of section 55 of the Town and Country Planning Act 1990, there is no breach of planning control and therefore no requirement for planning permission.

“It is also noted that local authorities have wide-ranging permitted development rights under the Town and Country Planning (General Permitted Development) Order 1995 (as amended in Wales) to undertake certain development on land within their control without the need to obtain express planning permission.

“While it has not been necessary to rely upon those provisions in reaching the conclusions above, as no development requiring planning permission has been identified, they provide a further statutory framework under which certain works and activities undertaken by local authorities may proceed without a specific planning application.

“Accordingly, the council is satisfied that no breach of planning control has occurred and that there is no requirement for planning permission in respect of the matters raised.”

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