New Welsh Minister ‘will decide whether to intervene in Cardiff concerts row’

Martin Shipton

A decision on whether a full programme of summer rock concerts can go ahead in Cardiff’s protected Bute Park is expected to be delayed until a new Welsh government is in place after next month’s Senedd election.

Last year a major row developed between supporters of the events including the city council who argued they were great for the capital’s economy and those who believe they infringed residents’ rights of access and relaxation.

In a submission to the Welsh Government, those who want planning permission refused stated: “Bute Park is a Grade-1 listed historic landscape and is recorded on behalf of the Welsh Government by CADW on the Register of Landscapes as internationally and nationally significant.

“Consequently, any change of use which cannot be managed within the 28 day temporary permitted change of use regulations should be assessed by an independent planning inspector with a final decision made by the relevant Welsh Minister.

“Blackweir Fields is around 22% of Bute Park but comprises around 65% of publicly accessible grassland: its loss of use by members of the public for relaxation and recreation for a substantial period of the summer represents a significant change of use that has a substantial adverse impact on the Grade-1 listed historic landscape, as well as being home to a rare fungi, the date-coloured waxcap, which is on the Welsh Government’s Section 7 list of living organisms of principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales.

“Further, as the planning application is submitted by the same legal entity – the City & County of Cardiff – as the Local Planning Authority (LPA) itself there is a significant conflict of interest that cannot be satisfied by the use of a local planning committee advised by the same LPA’s officers and comprising solely members of the same LPA’s councillors. This is demonstrated by 2 factors.

“Firstly, the event organisers include businesses wholly owned by (or in partnership with) Live Nation, which has entered into lucrative commercial contracts with the council in respect of the Utilita Arena, St David’s Hall and the new Indoor Arena under construction in Cardiff Bay. There is a direct and hugely substantial financial link between the commercial operators behind Blackweir Live and Cardiff council as applicant and as the LPA.

“Secondly, despite it being clear before trucks started rolling into Bute Park in early June last year and a final gig date of July 8 – with clear up and breakdown of the site being completed approximately two weeks later – the change of use of Blackweir Fields would not be contained within the 28 days temporary change of use allowed for under planning legislation and regulations. However, the council’s officers and planning committee members failed to protect this Grade-1 listed historic park from this planning breach that was clearly intended from the outset.

“Both the national/international significance of a Grade-1 historic asset and the need to ensure public confidence in controversial planning that entail a major change of use of a substantial part of Bute Park are among the circumstances recognised in Planning Policy Wales as fulfilling criteria for the planning application to be called in and the decision made independently of a conflicted Local Planning Authority.

Call-in

A spokesperson for the objectors said: “The community believes there are strong grounds for a call-in to be considered.

“We have asked what happens when a planning application of this type is made with the Senedd election imminent and where the application is then subject to a call in request.”

The objectors are waiting for a response from the Welsh Government.

Nation.Cymru asked the Welsh Government whether a decision by the relevant Cabinet Secretary had been made on whether to call in the application or not.

If so, what was the decision?

If not, has Cardiff council been issued with a holding direction not to make a decision until the post-election Cabinet Secretary (or Minister) decides whether to call it in or not?

If not, what protocol is being followed?

Restricted

A Welsh Government spokesperson told us: “We are now in the pre-election period so we are restricted on issuing formal government responses.”

However, it is understood that the view has been taken that a decision on whether or not to call in the planning application will be for the next government.

A holding direction has not yet been issued in this case; however it is routine during pre-election periods for holding directions to apply to planning applications which are being considered for call in.