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                                                                                                                                    Agenda Item No.

 

CABINET

 

Minutes of a meeting held on 18 March, 2013.

 

Present:  Councillor N. Moore (Chairman); Councillor S.C. Egan (Vice-Chairman); Councillors Ms. B.E. Brooks, L. Burnett, R.F. Curtis, C.P.J. Elmore and G. John.

 

 

C1250                        MINUTES –

 

RESOLVED – T H A T the minutes of the meeting held on 4 March, 2013 be approved as a correct record.

 

C1251                        DECLARATIONS OF INTEREST –

 

The following declarations were received:

 

Councillor Neil Moore

Agenda Item 11 – Appointment of Local Authority Governors Advisory Panel 

 

Reason for Exemption:

 

The report deals with (in part) his re- appointment as a governor to Palmerston Primary School

Councillor Lis Burnett

Agenda Item 14 – Community Care Charges for Non Residential Services

 

Reason for Exemption:

 

Her father has a non residential community care package.

Councillor Gwyn John

Agenda item 26a – Visible Services – Proposed Fees and Charges for 2013 / 2014 –

 

Reason for Exemption:

 

He is currently the President of Llantwit Major Junior Football Club

 

C1252                        UPDATE ON THE IMPLEMENTATION OF THE EMPTY PROPERTY STRATEGY (REF) –

 

The Scrutiny Committee (Housing and Public Protection) on 13 February, 2013 considered the above report of the Director of Development Services.

 

The above Strategy included the action plan detailing how the Strategy would be implemented to address empty properties in the Vale of Glamorgan.  The action plan (as attached at Appendix 1) included details of progress against each action to the end of the quarter 3 2012/13.  Committee noted that following the adoption of the Strategy a temporary post was filled in November 2012 enabling the officer to work full time on implementing the Strategy.  All known properties had been inputted into a specific data base to enable better information management on these known empty properties.  In total 697 property records had been generated.  In addition to this exercise, an empty property questionnaire had also been sent out to owners of all known empty properties to establish why the properties were left empty and what assistance owners may want to help them return the properties back into use.  Completed questionnaires were still being received therefore analysis of the data had been delayed to quarter 4 to enable as much information as possible to be captured.

 

Risk assessments of known empty properties had also begun during December 2012 and to date 15% of the properties had been assessed and scored.  It was anticipated that this process would take a further 3-4 months to complete but would provide clear information on properties that the Council should target with advice and enforcement action where appropriate.

 

In addition to the above, considerable work had been undertaken on implementing the Welsh Government’s Houses into Homes Loan Scheme.  In November 2012, the Council entered into a Collaborative Agreement with Cardiff City Council to work jointly to promote the loan scheme.  To mid January 2013,  52 enquires had been received from owners interested in the loan scheme and applications had been sent to all.  From this contact, it was anticipated that at least 6 owners would complete and return application packs that would enable the Council to draw down Welsh Government funding and process the loan approvals.  However, since the report had been prepared five completed applications had been received.

 

Discussion ensued regarding the undertaking of risk assessments of empty properties, the resources available to undertake the same, legal powers available to the Council to bring about improvements to empty properties which were impacting adversely on the local community, prioritising risk assessments in known areas where there was a shortage of suitable rented accommodation and affected properties that were of architectural / historic interest.  Brief discussion also touched upon some of the possible reasons why properties were left empty and why some became dilapidated.

 

The closing date to draw down Welsh Government funding for the Scheme was the end of March 2013.  Accordingly, to make the most of this opportunity, resources had been concentrated on progressing the Scheme in addition to building the basic knowledge database.  As a result, some of the actions within the action plan had been delayed and the finish date amended.

 

On a separate but related matter, the Committee also noted that officers had also submitted a bid for Community Innovation Grant funding linked to targeting empty properties in the Castleland Renewal Area.  However, this bid had not been successful. 

 

Having regard to the above and related issues, it was

 

RECOMMENDED –

 

(1)       T H A T the progress made on implementing the Empty Homes Strategy over the previous six months be noted.

 

(2)       T H A T appropriate information relating to the database of all known empty properties be subject of a further report by the Head of Public Protection to the Scrutiny Committee as soon as practicable.

 

(3)       T H A T the report be referred to Cabinet for consideration.

 

Reasons for recommendations

 

(1)       In acknowledgement of progress made to date in delivering the Strategy.

 

(2)       To allow the Scrutiny Committee to review available information regarding the number and location of empty properties within the Vale of Glamorgan by post code.

 

(3)       To allow Cabinet to consider the issues arising.

 

 

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Cabinet having considered the recommendations of the Scrutiny Committee (Housing and Public Protection)

 

RESOLVED –

 

(1)       T H A T the contents of the report be noted.

 

(2)       T H A T appropriate information relating to the database of all known empty properties be subject to a further report by the Head of Public Protection to the Scrutiny Committee (Housing and Public Protection) and Cabinet as soon as practicable.

 

 

 

Reasons for decisions

 

(1)       In acknowledgement of progress made to date in delivering the Strategy.

 

(2)       To allow the Scrutiny Committee (Housing and Public Protection) to review available information regarding the number and location of empty properties within the Vale of Glamorgan by post code.

 

 

C1253                        PROGRESS REPORT FOR OAKFIELD PRIMARY SCHOOL (REF) –

 

The Scrutiny Committee (Lifelong Learning) on 18 February, 2013 considered the above report of the Chief Learning and Skills Officer.

 

Previous reports to the Committee had detailed the support and monitoring arrangements the Council had put in place since the school had been placed in special measures by Estyn.  Since that time a Post Inspection Action Plan (PIAP) had been developed and implemented. 

 

The Scrutiny Committee was advised that Estyn had revisited the school on 4th December 2012 and a copy of a letter from Estyn outlining the work of the school to date was attached at Appendix 1.  The Scrutiny Committee noted that the school had made insufficient progress overall although progress had been made against each of the recommendations since the last visit and the Acting Headteacher continued to initiative further important developments with the school governing body continuing to support the school effectively including, effecting difficult decisions in respect of important staffing issues. 

 

The following recommendations which had now been fully addressed:

 

·                    Recommendation 2: Plan the curriculum to develop pupils’ knowledge, understanding and skills more coherently and systematically and make sure it met statutory requirements

·                    Recommendation 5: Manage resources more efficiently and effectively to ensure value for money

·                    Recommendation 6: Improve the governing body’s understanding of benchmarked performance data to increase the level of scrutiny and challenge it provides

·                    Recommendation 7: Establish rigorous systems to evaluate the school’s strengths and weaknesses

·                    Recommendation 8: align self-evaluation and school improvement planning in order to improve standards and the effective use of resources.

 

The Scrutiny Committee was also informed of those recommendations that had been either partly addressed or largely addressed in respect of the following:

 

·                    Recommendation 1: Raise standards in literacy across the curriculum (partly)

·                    Recommendation 3: Provide effective and consistent leadership at all levels

·                    Recommendation 4: Provide training for all staff so they can develop their professional skills and experience excellent teaching and learning in other schools and settings (largely).

 

Reference and brief discussion centred on the school’s ability to be taken out of special measures given that a new substantive headteacher had not been appointed.  In response, the Head of School Improvement indicated that the Acting Headteacher had improved the performance of the school as evidenced by the information under consideration and not progressing the substantive appointment of a headteacher had not hindered the evidenced improvements.

 

The Scrutiny Committee was advised that the school would need to continue to work to address the remaining areas for development within the PIAP and also noting that Estyn would revisit the school towards the end of the Spring Term 2013.

 

RECOMMENDED – T H A T progress in meeting the recommendations contained within the Post Inspection Action Plan be noted with pleasure and that the report be referred to Cabinet for consideration.

 

Reason for recommendation

 

To note progress made to date and to ensure Cabinet was aware of the same."

 

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Cabinet having considered the recommendation of the Scrutiny Committee (Lifelong Learning)

 

RESOLVED –

 

(1)                           T H A T the contents of the report be noted.

 

(2)                           T H A T a working group of Cabinet be established to give long term support to Oakfield school, to come out of special measures and furthermore, to secure the schools longevity in the Gibbonsdown community. The working group consisting of the Cabinet Member for Children Services, the Cabinet Member for the Environment and Visible Services, the Leader, and the Head of Achievement, would progress a recovery plan for Oakfield school and provide regular update reports to Cabinet.

 

 

Reason for decision

 

(1)                           To note contents of the report.

 

(2)                           To secure the longevity of the school for Gibbonsdown.

 

 

C1254                        WELSH IN EDUCATION STRATEGIC PLAN (WESP) (UPDATED) 2012 (REF) -

 

The Scrutiny Committee (Lifelong Learning) on 18 February, 2013 considered the above report of the Chief Learning and Skills Officer.

 

Since 2012 the Welsh Government (WG) had assumed responsibility for the approval and monitoring of all local authority Welsh Education Schemes.

 

The Welsh in Education Strategic Plan (WESP) detailed how each authority planned to achieve the WG’s outcomes and targets outlined in the Welsh Medium Education Strategy (WMES 2010).  The WESP in itself continued to form a part of the Council’s broad strategy for the Welsh Language and contained an action plan for the development of Welsh in education within the Vale of Glamorgan.

 

The WESP targets and outcomes were funded by the Welsh in Education Grant (WEG) and the Council was required to include data relating to performance against the following targets within the WESP Action Plan, namely:

 

·                    more seven-year-old children being taught through the medium of Welsh as a percentage of the Year 2 cohort;

·                    more learners continuing to improve their language skills on transfer from primary school to secondary school;

·                    more learners studying for qualifications through the medium of Welsh;

·                    more learners aged 16-19 studying Welsh and subjects through the medium of Welsh;

·                    more learners with improved skills in Welsh;

·                    Welsh-medium provision for Additional Learning Needs; and

·                    Workforce Planning and Continuous Professional Development.

 

Consideration was given to the final draft copy of the Council’s Welsh Medium in Education Strategic Plan for the above period, a copy of which was attached as an appendix to the report prior to its submission to the cabinet for approval.

 

Having regard to the above and related issues, it was

 

RECOMMENDED – T H A T the final draft copy of the Welsh Medium in Education Strategic Plan for 2012-2015 be endorsed and referred to Cabinet for approval.

 

Reason for recommendation

 

To endorse the draft Strategy and to allow the same to be considered by the Cabinet."

 

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Cabinet having considered the recommendation of the Scrutiny Committee (Lifelong Learning)

 

RESOLVED – T H A T the final draft copy of the Welsh Medium in Education Strategic Plan for 2012-2015 be approved.

 

Reason for decision

 

To approve the draft Strategy.

 

 

C1255                        SUMMARY OF SCHOOL INSPECTION REPORTS FOR THE AUTUMN TERM 2012 (REF) -

 

The Scrutiny Committee (Lifelong Learning) on 18 February, 2013 considered the above report of the Chief Learning and Skills Officer.

 

The Pupil Referral Unit (PRU) at Amelia Farm, Barry was inspected during the Autumn Term 2012 and a summary of the inspection findings were appended to the report. 

 

In summary, the overall judgements achieved by the PRU following the inspection by Estyn were as follows:

 

Current performance                        Prospects for Improvement

GOOD                                                ADEQUATE

 

The Estyn inspection team determined that the PRU would require a follow-up inspection and there was an expectation that the Council would work closely with the school to help devise and deliver its improvement plan within a timescale of normally one year.

 

The Chairman, in referring to the report, made reference to matters relating to toilet facilities at the PRU and proposed to the Committee that an appropriate recommendation be forwarded to the Cabinet seeking to ensure that appropriate toilet provision was established as quickly as possible so that the pupil provision was kept apart from the public provision and these improvements be undertaken as a matter of priority and in any case well before the proposed re-visit by Estyn in the Autumn Term 2013.

 

Having regard to the above and related issues, it was

 

RECOMMENDED –

 

(1)       T H A T the summary of the school inspection report for the Autumn Term 2012 in relation to the Pupil Referral Unit be noted.

 

(2)       T H A T the Cabinet be requested to expedite as soon as practicable improvements to the toilet facilities at the PRU.

 

Reasons for recommendations

 

(1)       In acknowledgement of progress made to date.

 

(2)       To ensure that appropriate toilet provision was established at the PRU in the immediate future so that pupils’ provision was kept apart from public provision and that these works were undertaken prior to the Estyn re-visit in the Autumn Term 2013."

 

 

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Cabinet having considered the recommendations of the Scrutiny Committee (Lifelong Learning)

 

RESOLVED –

 

(1)               T H A T the summary of the school inspection report for the Autumn Term 2012 in relation to the Pupil Referral Unit be noted.

 

(2)               T H A T the improvements to the toilet facilities at the Pupil Referral Unit be expedited as soon as is practicable subject to any necessary consents required.

 

(3)               T H A T the Headteacher, staff and students at the Pupil Referral Unit be thanked for their excellent work and support.

 

Reasons for decisions

 

(1)               In acknowledgement of progress made to date.

 

(2)               To ensure that appropriate toilet provision was established at the Pupil Referral Unit in the immediate future so that pupils’ provision was kept apart from public provision and that these works were undertaken prior to the Estyn re-visit in the Autumn Term 2013.

 

(3)               To acknowledge their excellent hard work.

 

 

C1256                        INSPECTION OF LOCAL AUTHORITY EDUCATION SERVICES FOR CHILDREN AND YOUNG PEOPLE (LAESCYP) (REF) -

 

The Scrutiny Committee (Lifelong Learning) on 18 February, 2013 considered the above report of the Chief Learning and Skills Officer.

 

The current inspection framework for Local Authority Education Services for Children and Young People was introduced by Estyn in September 2010.  The Vale of Glamorgan was inspected as a pilot under the new framework in March 2010 at which time Estyn concluded the performance was good with good prospects for improvement.  The Scrutiny Committee noted that Estyn’s application of the Common Inspection Framework had become increasingly rigorous and since its introduction in September 2010, 15 local authority inspection reports had been published by Estyn, details of which were set out in paragraph 3 of the report. 

 

In summary, there were no excellent local authorities but five good ones, five were in a formal Estyn category and five were being monitored by Estyn.  Estyn’s main findings from recent inspections were detailed in Appendix A to the report.

 

The Common Inspection Framework was made up of three key questions, namely:

 

·                    Key Question 1: How good are outcomes?

·                    Key Question 2: How good is provision?

·                    Key Question 3: How good are leadership and management?

 

The full framework as applied in the above inspections was detailed in Appendix B to the report along with a description of what constituted good and unsatisfactory performance for each quality indicator.

 

The Council was anticipating a LAESCYP inspection towards the latter end of the current academic year.  Twelve weeks’ notice of the inspection would be given and the Council would be required to provide the Inspectorate a copy of its latest self evaluation report and relevant business or action plans six weeks prior to the start of the inspection.  The inspection process would commence with the Council’s self-evaluation report on its LAESCYP.  Inspectors would then sample, test and validate the evaluations in the report and would assess how well the Authority knew itself in terms of being aware of strengths and areas for development.  The latest version of the Council’s self-evaluation report would be reported to the next meeting of the Scrutiny Committee in March 2013. 

 

In referring to the impending inspection, the Head of Strategic Planning and Performance indicated that when the Inspection Team was assessing the Leadership quality indicator, inspectors would judge the effectiveness of scrutiny by Elected Members in challenging underperformance and informing the continuous improvement of service delivery and policy development.

 

The Scrutiny Committee was also advised that the Inspection Team would make two overarching judgements on performance and capacity to improve.  The judgements, together with the three questions and the quality indicators listed in Appendix B to the report would be each awarded a judgement on a four point scale, i.e.:

 

·                    Excellent – many strengths, including significant examples of sector-leading practice

·                    Good – many strengths and no important areas requiring significant improvement

·                    Adequate – strengths outweigh areas for improvement

·                    Unsatisfactory – areas for improvement outweigh strengths.

 

Having regard to the above and related issues, it was

 

RECOMMENDED – T H A T the Framework for the Inspection of Local Authority Education Services for Children and Young People be noted and that the report be referred to Cabinet for consideration.

 

Reason for recommendation

 

To apprise the Scrutiny Committee of the above framework and the impending inspection of the Council’s education services for children and young people."

 

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Cabinet, having considered the recommendation of the Scrutiny Committee (Lifelong Learning)

 

RESOLVED – T H A T the contents of the report be noted, and that a further report on this item would be discussed later on the agenda.

 

Reason for decision

 

To have an understanding of framework and the impending inspection of the Council’s education services for children and young people.

 

 

C1257                        CENTRAL SOUTH PERFORMANCE STOCKTAKE REPORT (REF) -

 

The Scrutiny Committee (Lifelong Learning) on 18 February, 2013 considered the above report of the Chief Learning and Skills Officer.

 

The Welsh Government’s School Standards Unit (SSU) was established in the Autumn Term 2011 with the purpose to engage directly in professional dialogue about school performance with each of the four regional Consortia in Wales.  Since that time, regional, termly Stocktake sessions had been delivered by the SSU.  During these Stocktakes, Directors of Education / Chief Officers and their respective heads of school improvement had been challenged about the school performance of individual secondary schools in their respective home Authorities.  The Stocktake approach enabled the SSU to identify areas for improvement and to share what worked well in other schools across Wales.

 

Appendix 1 to the report contained the Secondary Stocktake Report.  Appendix 2 to the report related to the Primary Stocktake Report. 

 

The Secondary Stocktake Report referred to the following matters:

 

·                    the need for Local Authorities to focus on improving performance in the Level 2 inclusive i.e. 5 GCSEs A* to C which must include English / Language and Maths in combination;

·                    to raise awareness about the read across i.e. the need for an increased focus on those individual pupils achieving a GCSE in both English and Maths;

·                    the number of pupils achieving A* -C GCSE in Mathematics as the limiting factor; and

·                    support provided to secondary schools via Education London.

 

The Consortium discussions with officers focused on the following issues:

 

·                    the regional service now delivered the statutory challenge, monitor and intervention functions on behalf of partner councils;

·                    the impact of changes in senior school management and the resulting positive and negative impact on school performance;

·                    that strong leadership at both head and head of departmental levels can have demonstrable effects on performance;

·                    that there was greater emphasis now on providing targeted intervention directed at pupil level, to improve performance;

·                    that there was a desire to raise the bar and to look beyond the Consortium and Wales for best practice; and

·                    to ensure that identified schools improved the read across between English and Maths.

 

Agreed actions included:

 

·                    establish a close read across in tracking systems;

·                    raise aspirations;

·                    ensure all schools were teaching and preparing for the revised specifications for GCSE Language and Maths; and

·                    for the Consortium to encourage dialogue to promote sharing of best practice.

 

The Primary Report focused on the following matters:

 

·                    to develop a shared understanding about the relationship between the Core Subject Indicator (CSI) and the Reading, Writing and Mathematics in combination indicator;

·                    to look more closely at the respective performance  of free school meals (FSM) and non-FSM pupils;

·                    to discuss the relationship between the scores at KS 2 and KS 4; and

·                    to understand the support and challenge categories used by the Consortium and the implementation of the National Literacy and Numeracy Frameworks.

 

The Consortium discussion with officers centred on the Consortium’s approach to supporting local authorities’ implementation of the National Literacy and Numeracy plans as well as the extent to which plans were underpinned by performance data.  Additional points for discussion focused on the development of a Consortium plan to improve standards in literacy and numeracy.  Consequently a set of actions were agreed and related to the following:

 

·                    develop a consistent approach to dialogue between system leaders and schools' senior management teams in relation to school improvement activities arising out of the analysis of data;

·                    the need to concentrate effort on preparing schools to deliver the National Literacy Framework through high quality teaching and learning strategies.

 

The Scrutiny Committee was informed that the Council would continue to work with the Consortium to implement agreed actions through the work of the School Improvement and Inclusion Service.

 

Discussion ensued with comments being made in regard to concerns relating to too much focus being placed on specific elements of the curriculum, in particular the focus on individual students being successful in both English and Maths, appropriate funding that should be appropriate to assist the raising of standards in these subjects and support that would be provided around English and Maths provision for those pupils who were less able. 

 

The Head of School Improvement and Inclusion reminded the Committee that the Stocktake reflected best practice sharing across the local authorities participating in the Consortium and indicated that the underperformance of schools in the subject of Maths was an issue that needed to be addressed.  However, she referred to the “Maths Plus Initiative” which had been successfully implemented in schools across the Vale of Glamorgan with the purpose of improving performance in Maths outcomes. 

 

Having regard to the above and related issues, it was

 

RECOMMENDED – T H A T the findings of the Central South Consortium’s termly performance Stocktake be noted and that the Cabinet be requested to ensure that appropriate support is available to raise standards in English and in particular Maths in schools in the Vale of Glamorgan.

 

Reason for recommendation

 

In acknowledgement of progress made to date and to ensure appropriate provision was in place.

 

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At the meeting the Chief Learning and Skills Officer commented that it was a useful opportunity for the Council to meet with Welsh Government Officials to receive and present school analysis of performance information.

 

Cabinet having considered the recommendation of the Scrutiny Committee (Lifelong Learning)

 

RESOLVED – T H A T the contents of the report be noted.

 

Reason for decision

 

In acknowledgement of progress made to date and to ensure appropriate provision was in place.

 

 

C1258            ALLOCATION OF FUNDING UNDER THE VOLUNTARY ACTION SCHEME 2013/14 (REF) –

 

The Voluntary Sector Joint Liaison Committee held on the 27 February, 2013 considered the above report.

 

Members’ views were sought on the award of funding under the Council’s Voluntary Action Scheme 2013/14.

 

The various appendices to the report

 

·                    summarised the applications received and the Partnership Co-ordinators’ views and recommendations in respect of each

·                    set out the Application Evaluation forms completed by the Partnership Co-ordinators

·                    set out the Application Guidelines applied to all applicants

·                    provided details of grants already committed in respect of 2013/14 and 2014/15.

 

Members were informed that the individual application forms were available for inspection should they wish to do so.

 

The total sum available for allocation in 2013/14 was £121,000.  Due to the limited resources available, those applications recommended for approval had been allocated funding less than requested and, as a consequence, it was recognised that projects might need to be scaled down.  Were that to be the case, suitable output indicators would be agreed by the Chairman of the Committee prior to the projects being allowed to proceed and reported back to this Committee for information.  Members were reminded that should they wish to amend the allocations as contained within Appendix A to the report, the amount of funding available would remain at £121,000.

 

Further clarification was sought in respect of certain of the applications.  Discussion ensued in particular on the merits of supporting the application relating to Pen yr Enfys, a view being expressed that it could be said that the Council was already providing that service and that, were the application to be supported, another would lose funding.  Discussion also focussed on the application from Barry Elim Church, the relevant officer explaining the rationale behind the project and its potential value in addressing the issue of secondary school age young people in danger of being not in education, employment or training (NEET).  Members agreed that a progress report on the Elim Church project should be submitted to this Committee.

 

AGREED –

 

(1)       T H A T the following applications for grant assistance, as highlighted below, be recommended to Cabinet for approval

 

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Cabinet having considered the recommendation of the Voluntary Sector Joint Liaison Committee

 

RESOLVED – T H A T the applications for grant assistance, as highlighted in Appendix A to the report be approved.

 

Reason for decision

 

To progress the award of grants in accordance with the approved scheme.

 

 

C1259                        APPOINTMENT OF LOCAL AUTHORITY GOVERNORS ADVISORY PANEL

 

Prior to the consideration of this item the Leader left the room and took no part in any discussions that took place.

 

Minutes of a meeting held on 4th March, 2103.

 

Present:  Councillor C.P.J. Elmore (Chairman); Councillors C.P. Franks, F.T. Johnson and Ms. B.E. Brooks (Substitute for Councillor Mrs. M.R. Wilkinson) and Mrs. M.E. Gibbs (Vale Governors Association).

 

(a)       Apologies for Absence – 

 

These were received from Councillors T.H. Jarvie and Mrs. M.R. Wilkinson.

 

(b)       Declarations of Interest –

 

The following declarations were received:

 

            Councillor C.P. Franks (Governor St. Cyres Comprehensive School)

            Mrs. M. Gibbs (Governor Llantwit Major Comprehensive School).

 

(NOTE: The above Members withdrew from the meeting during consideration of application in respect of the related schools.)

 

(c)        Guidance Regarding Appointments Process –

 

RECOMMENDED - T H A T the guidance report regarding the appointments process be noted.

 

(d)       Exclusion of Press and Public -

 

RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.

 

(e)       Applications for the Appointment of Current Local Authority Governors' Vacancies (Exempt Information - Paragraph 12) –

 

In addition to the applications contained within the report, the Head of Governor Support tabled late applications in respect of Cogan Nursery School, Eagleswell Primary School, Evenlode Primary School, Y Bont Faen Primary School and Ysgol Gwaun y Nant for consideration by the Panel.  These applications had been received after the original closing date for receipt of applications and all of the schools had received insufficient or no applications for their current vacancies.  The Panel agreed to consider these late applications in the light of this information.

 

It was reported that Councillor E. Hacker had resigned as School Governor for Llantwit Major Comprehensive School and so a further vacancy existed on this school’s Governing Body. 

 

Having considered the criteria for the appointment of Local Authority Governors and the applications received, including those late applications, it was subsequently

 

RECOMMENDED to Cabinet –

 

(1)       T H A T the following appointments be made for the schools as set out below:

 

 

School

Appointment

Albert Primary School

S. West

Barry Island Primary School

S. Bechares

D. Vining

Bryn Hafren Comprehensive School

Ms. S. Harris

Cogan Nursery School

Ms. C. Foster

Eagleswell Primary School

G. Cheshire

Evenlode Primary School

Ms. J. Trott

S. West

R. Noormohamed

Llancarfan Primary School

Councillor H.J. W. James

Llantwit Major Comprehensive School

D. Mutlow

Councillor E. Williams

Palmerston Primary School

Councillor N. Moore

Peterston Super Ely C/W Primary School

Ms. A. Tiessen

St. Cyres Comprehensive School

Ms. J. Trott

Sully Primary School

G. Morley

Y Bont Faen Primary School

T. Williams

Ms. N.C. Thomas

Ysgol Gwaun y Nant

B.J. Davies

Ysgol Iolo Morganwg

A. Cairns MP

O. Saunders-Jones

T. Williams

Ysgol St. Curig

Ms. S. Williams

 

(2)       T H A T vacancies at the following schools be deferred until the next Panel meeting, likely to be held in October 2013, having received insufficient or no applications for their current vacancies:

 

            Barry Island Primary School

            Cadoxton Primary School

            Colcot Primary School

            Holton Primary School

 

Reasons for recommendations

 

(1)       To allow the Cabinet to confirm the appointments in respect of the above schools’ Governing Bodies.

 

(2)       To fill vacancies on the related School Governing Bodies.

 

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Cabinet, having considered the recommendations of the Local Authority Governors Advisory Panel.

 

RESOLVED –

 

(1)       T H A T the following School Governing Body appointments be made as set out below:

 

School

Appointment

Albert Primary School

S. West

Barry Island Primary School

S. Bechares

D. Vining

Bryn Hafren Comprehensive School

Ms. S. Harris

Cogan Nursery School

Ms. C. Foster

Eagleswell Primary School

G. Cheshire

Evenlode Primary School

Ms. J. Trott

S. West

R. Noormohamed

Llancarfan Primary School

Councillor H.J. W. James

Llantwit Major Comprehensive School

D. Mutlow

Councillor E. Williams

Palmerston Primary School

Councillor N. Moore

Peterston Super Ely C/W Primary School

Ms. A. Tiessen

St. Cyres Comprehensive School

Ms. J. Trott

Sully Primary School

G. Morley

Y Bont Faen Primary School

T. Williams

Ms. N.C. Thomas

Ysgol Gwaun y Nant

B.J. Davies

Ysgol Iolo Morganwg

A. Cairns MP

O. Saunders-Jones

T. Williams

Ysgol St. Curig

Ms. S. Williams

 

(2)       T H A T vacancies at the following schools be deferred until the next Panel meeting, likely to be held in October 2013, having received insufficient or no applications for their current vacancies:

 

            Barry Island Primary School

            Cadoxton Primary School

            Colcot Primary School

            Holton Primary School

 

Reasons for decisions

 

(1)       To confirm the appointments in respect of the above Schools Governing Bodies.

 

(2)       To fill vacancies on the related School Governing Bodies.

 

C1260            Corporate Human Resources Strategy 2013-17 (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

Cabinet were asked to approve the Human Resources Strategy 2013/17.

 

The Human Resources Strategy provided a strategic framework for the delivery of the actions set out in the recently approved Workforce Plan 2013/17. The Strategy reflected the service aspirations within the new Corporate Plan and the revised financial strategy that was approved by Council on 6 March, 2013.

 

The document set out the performance management and monitoring framework to support the above actions and the specific role and responsibility of the Human Resources Division in relation to the Strategy and had been framed in consultation with the Corporate Management Team, Heads of Service, Operational Managers, members of the HR Division, the recognised trade unions and related stakeholders.

 

It was highlighted that there was a need for the Strategy to be a 'live' document in order to respond to internal and external change. As such, the document would be reviewed and updated on an annual basis as part of changes identified through the annual workforce planning process.

 

Whilst the themes of the Strategy were relevant to all parts of the Council, specific work would be undertaken to customise the strategy for the Council’s schools workforce. This would be done in collaboration with Governing Bodies and Headteachers and following the completion of a schools specific workforce planning exercise.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the Human Resources Strategy document for 2013-17 as set out at Appendix A to the report be endorsed.

 

Reason for decision

 

To provide a framework for the Council to meet its workforce needs over the next four years in accordance with the vision and objectives set out in the new Corporate Plan.

 

C1261        Commitment to Information SharinG (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

Members were informed of the request by the Minister for Local Government and Communities and the Information Commissioner to reaffirm the Council's commitment to the safe sharing of data by signing the Wales Accord for the Sharing of Personal Information (WASPI) that was attached at appendix A to the report.

A report was presented to Cabinet on the 13th December 2011 (Min C1558 refers) following which delegated authority was given to the Chief Executive to sign the Wales Accord for the Sharing of Personal Information (WASPI) Declaration of Acceptance and Participation and that delegated authority be granted to Chief Officers to enter into individual Information Sharing Protocols (ISPs) where necessary and appropriate.

The Welsh Government wanted to move the default position of public organisations from "not sharing" to "safe sharing" and the signing of this document was part of that process.

Such information needs to be shared in the proper way as public bodies were constantly dealing with people's personal and sensitive data which they had a duty to protect and to ensure that it was kept and shared safely and securely.

Having already signed up to the WASPI agreement, the Council had already demonstrated its commitment to share personal data when and where appropriate. This reaffirmation of that commitment would help to embed this process into the normal working practices of the Council and help to achieve increased levels of safe data exchange.

This was a matter for Executive decision.

 

RESOLVED – T H A T delegated authority be given to the Managing Director to sign the Information Sharing Commitment attached as Appendix A to the report.

 

Reason for decision

 

To acknowledge the Council's commitment to safe information sharing.

 

C1262            Community Care Charges for Non-Residential Services (AS) (SCRUTINY COMMITTEE – SOCIAL CARE AND HEALTH) –

 

Prior to the consideration of this item the Cabinet Member for Regeneration, Innovation, Planning and Transportation left the room and took no part in any discussions that took place.

Approval was sought to agree the charges that would be levied in 2013/14 for non-residential community care services which the Council either provided directly or commissions.

A charging policy for non-residential community care services had been in operation in the Vale of Glamorgan since 1993.  It was last reviewed in 2011.  In part, this was done to ensure compliance with the Social Care Charges (Wales) Measure 2010, Regulations and Guidance which became effective in April 2011.  The Measure gave local authorities in Wales a discretionary power to impose a reasonable charge upon adult recipients of non-residential community care services.  Additionally, the Welsh Government was provided with authority to determine the maximum charge any service user could be asked to pay. 

The policy applied to all non-residential community care services, either provided directly or commissioned by the Vale of Glamorgan Council.  The charge was designed to be fair and reasonable.  In appropriate circumstances, service users were asked to make a weekly contribution towards the costs of the following services: home care, day services and supported living accommodation.  As required by Regulations, no service user was asked to pay more than the maximum total weekly charge of £50.

Non-residential community care services were made available through a range of providers, including the Council.  Those clients who received their service from the independent sector were charged in accordance with the hourly rate the provider charges the Council.  A review of the charges levied in 2011 highlighted that the users of Council provided services were receiving their services at a subsidised rate.  In November 2011, it was agreed by Cabinet (Min. No. C1519) that the Council should move to full cost recovery for these services.  Acknowledging that this would have an adverse impact on some service users, the change was to be phased in over a three-year period.

The revised unit costs for day services had been calculated and these are shown in the table below.

Client Group

Places

available

per week

Current charge

per day

Unit cost

per day

Older People

150

£38

£51

Learning Disability

320

£47

£64

Physical Disability

125

£47

£55

 

It was proposed that the unit cost was charged from April 2013.  Because of the £50 cap on charges for non residential services, this change would not have any adverse financial impact upon day services users with a learning disability or physical disability. 

The Council directly provided some long-term domiciliary support and a reablement service for people who were assessed as being able to benefit from this type of intervention.  The people receiving either of these services were charged the average cost of the domiciliary service provided by the independent sector; this was £12.50 per hour in the current financial year.  It was proposed that there was no change in this figure for 2013/14.

There were a small number of services for which no charge was levied and these were detailed in the national policy.  For relatively low cost services, a flat rate was charged.  These included meals received at home or in day services and Telecare services.  Service users were charged in addition to and separately from any charges that may be levied for other services.  In keeping with the decision to move to full cost recovery for services, it was proposed that the flat charge for the meals provided at day services settings or via the Meals on Wheels service was increased from £2.50 to £3.30 per meal in April 2013.  The charge would be increased again in 2014/15 to cover actual costs, currently £4.10.

The charge levied for the basic TeleV package was currently £4.50 per week.  This service was available to all individuals in the Vale and it provided a relatively low level of support that enabled people to remain in the community without the need of support from social services.  It was proposed that the charge for this service should be increased to a weekly rate of £4.75 from April 2013 and from April 2014 to cover the actual cost, currently £5.00.  Additionally, it was proposed that the charge for the TeleV+ service was increased from £7.50 per week to £7.90 from April 2013 and from April 2014 to cover the actual cost, currently £8.30.

Social Services continued to work within a very challenging financial climate, with reductions in the resources available and increasing demand.  The Social Services Budget Programme Board monitors progress against required savings targets and provides regular reports to Scrutiny Committee and Cabinet.  As part of the actions identified within the budget programme, the Directorate undertook to review the level of income received by the service. 

The introduction of the maximum charge by the Welsh Government meant that no service user funded by the Council would be required to pay more than £50 a week for the non-residential social care services they receive.  For this reason, it was difficult to calculate the additional income that would accrue to the Council from increasing day care charges.  The increased income in relation to meals on wheels and Telecare was estimated to be £30,000 per year.

This was a matter for Executive decision.

 

RESOLVED – T H A T the proposed charges for 2013/14 for non-residential community care services which the Council either provided directly or by commissions, as set out in the report be approved.

 

Reason for decision

 

To agree revised charges for 2013/2014.

 

C1263            Providing Domiciliary Services within the new Extra Care Facility

 

Approval was sought to tender for the contract relating to the provision of care and support in the Council's Extra Care Housing facility.

The first Extra Care facility for older people in the Vale of Glamorgan was being built in Barry by Hafod Community Care, and would comprise of a 40-unit building with provision for a mixture of one bedroom and two- bedroom accommodation.

Extra Care housing schemes were similar to sheltered accommodation but offered additional facilities and flexible care and support.  This allowed people to live in their own homes and maintain independence in a safe and secure environment, with on-site support specifically tailored to meet individual needs.

This form of accommodation was a popular choice among older people living in such schemes for a range of reasons including :

·               the increased capacity for maintaining independence within a home which is their own;

·               a physical environment which is specifically designed to meet the needs of older people;

·               the comprehensive on-site support; and greater opportunities for social interaction.

The support within the new facility would be provided, in part, through domiciliary care packages which were flexible and able to adapt quickly to people's fluctuating needs.  Work was ongoing to determine the number of care hours that would be required to support the tenants within the scheme.  It was envisaged that there would be a block contract for a set number of hours with flexibility to access additional hours when required.

The contract for the care and support service in the Extra Care Facility would have to be in place by the time the facility opens in April 2014.  The Council's Contract Standing Orders require that contracts with an estimated value of £100,000 or higher should be subject to an appropriate procurement process that ensures value for money, complies with legislation governing the spending of public money and protects individuals from undue criticism or allegation of wrongdoing.  Within this framework, there would be scope to consider how the Council might encourage a wide range of potential providers to come forward, including those which can be classified as social enterprises.

Like other Council services, the Social Services Directorate continues to operate within a very challenging financial climate, with year-on-year savings to be made on its revenue budget.  Progress made against this requirement is being managed through the Social Services Budget Programme Board.  As part of the actions identified within the budget programme, the Directorate had identified savings of £75,000 a year to be found through the development of the Extra Care scheme.

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                        T H A T the Director of Social Services and the Managing Director, in consultation with the Cabinet Member for Adult Services and the Leader be authorised to commence tendering procedures for the services outlined in this report.

(2)                        T H A T delegated authority be given to the Director of Social Services in consultation with the Cabinet Member for Adult Services and the Leader to accept and award tenders for this service.

 

Reasons for decisions

 

(1&2)        To ensure that the Council provides care and support services in a cost effective way that meets the assessed needs of service users.

 

C1264            Proposed Events Programme 2013 – 2014 (LPCSD) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Members were informed of the proposed events and sources of funding for the financial year 2013/2014, as set out in Appendix A and to inform Cabinet of the suggested changes to the Barry Tall Ship Festival and the development of a new event in its place during the Summer in Barry.

Each year the Council organises and supports a wide range of events within the Vale of Glamorgan. The support of events makes an important addition to tourist attractions within the Vale and to the quality of life for residents.  2012 was a very successful and memorable year for events in the Vale of Glamorgan. The Council welcomed the Olympic Torch in May and the National Eisteddfod was held in Llandow during August.  Hosting such high profile events helps to put the Vale firmly in the minds of both potential visitors and event organisers who may be looking at the Vale as a potential venue for future events.  It was important to build on this positive momentum over the next few years.

A suggested events programme and sources of funding for 2013/2014 was attached at Appendix A.  It should be noted that where stated, some of the costs were included in order for the Council to meet its obligations in terms of traffic management, road closures and the like.  In others, the costs were in the form of a direct grant to the organiser.  In addition and regardless of any grant award, the Council would always try to assist organisers on various aspects of the organising, marketing and implementing the event.  Appendix A to the report  set out in detail the level of proposed funding as well as whether that funding was to be in the form of a direct grant or otherwise.

With regards to new events the report indicated that the Tall Ship Festival in its previous form had come to a natural end and a new event should be developed in its place. It was anticipated that this new event would take place on Barry Island and rather than using the same dates as the Tall Ship Festival, the replacement event should mark the start of the Summer event season on Barry Island.

At the meeting the Cabinet Member for Adult Services commented that he was pleased with the new summer event that was being planned for Barry Island as it showed the Council’s commitment to Barry Island and its traders and was a step forward in the right direction.

 

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                        T H A T the proposed suite of events and associated Council contributions for the financial year 2013/2014 as set out in Appendix A to the report be approved.

(2)                        T H A T the suggested changes to the Barry Tall Ship Festival and ideas for a new event focused at Barry Island at the start of the summer school holidays be approved.

(3)                        T H A T a further report be submitted to Cabinet in due course to consider any additional events funding.

(4)                        T H A T an Events Management Plan be drawn up for any Barry Island event.

 

Reasons for decisions

 

(1)                      To confirm the proposed events programme and sources of funding.

(2)                      To agree possible new event options for 2013.

(3)                      To seek agreement on any additional funding for events.

(4)                      To ensure that events held on Barry Island run smoothly.

 

C1265            Options for the Delivery of Local Authority Historic Environment Conservation Services in Wales (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

The report outlined the Cadw consultation relating to ‘Options for the Delivery of Local Authority Historic Environment Conservation Services in Wales’. A copy of the report is available electronically here.

In 2007 the Welsh Government, together with the Department for Culture, Media and Sport, published a White Paper ‘Heritage Protection for the 21st Century’. This was followed in 2008 by the publication of a draft ‘Heritage Protection Bill’. Although the Bill was included in the draft Legislative Programme for 2008/09, the economic situation at the time meant the Bill was dropped.

Following a referendum in March 2011, the National Assembly gained direct law making powers in the subject areas for which it has devolved responsibility. These include planning and the historic environment.

In July 2011, the First Minister announced the Welsh Government’s Legislative Programme. This programme included a provision to introduce a Heritage Bill. This would be in the fourth year of the programme, i.e. 2014-15.

Evidence was being gathered by consultants, Hyder Consulting, commissioned by Cadw to review the existing delivery of conservation services in Wales and an assessment made of potential options for increased collaboration between local authorities.

On 4th February 2013 an email was sent by Hyder Consulting to stakeholders enclosing the consultation document. Local authorities had been asked to respond to the consultation by 28th February 2013 to enable the report to be finalised for Cadw to prepare its recommendations to the Minister for Housing, Regeneration and Heritage, in time for the issue of the White Paper on the Heritage Bill for Wales in late Spring 2013. Attached at Appendix A was the Council's detailed response to the consultation exercise which was sent on 28th February 2012 to meet the deadline for responses.

The Hyder report considered, as defined in the consultation document, the core and wider functions of conservation officers along with the strengths and weaknesses of the three principal conservation service providers in Wales - local planning authorities; Cadw; and the Welsh Archaeological Trusts.

The Hyder report also considered a number of options for the future delivery of conservation services in Wales. These six options could be considered under the three broad headings of regional collaboration, regional hubs and independent models of delivery.

Each option is appraised with costs and benefits for the Council, the Region and Wales identified. It should be noted that the financial costs identified for each option were described in a range from "low" to "high" with no indication of what figures might be involved in the establishment of the organisations envisaged in each option or costs to local authorities for the ongoing running of each option.

The six options put forward in the consultation document offered a diverse choice of future conservation service provision in Wales and it was clear that there were advantages and disadvantages to each of the options being put forward.

It also became clear that the option that might be best for the Council’s customers may not be the best for the region, or for Wales as a whole. Conversely, the best option for the region may see a dilution of service provision within the Council's area.

This consultation should also be seen in the wider context of the Simpson Compact which has previously been considered by Cabinet (Min C1590 refers) and current thinking relating to City Regions.

Page 2, paragraph 3 of the Simpson Compact stated "There may be occasions when the case for change may be less strong or broadly neutral for one partner in collaboration than another.  Relative scale of benefits should not be a reason to avoid working together where the outcome for public services will meet the criteria above". In the Council's response to the Compact it was resolved to express concerns regarding the above.

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                        T H A T the response to Cadw attached at Appendix A to the report outlining the Council’s formal response to the consultation be approved.

(2)                        T H A T a copy of the report be presented to the Planning Committee for information.

(3)                        T H A T the Director of Development Services writes to Cadw and the Welsh Government expressing concern that the consultation deadline offered insufficient time for Councils to effectively comment on these important changes.

Reasons for decisions

 

(1)                           To advise Cadw of the views of Cabinet on the Options for the Delivery of Local Authority Historic Environment Conservation Services in Wales.

(2)                           To ensure Planning Committee is apprised of the publication of the consultation document.

(3)                           To express concern at the short opportunity for consultation, that was only three weeks from 4th February 2013 to 28 February 2013.

 

C1266            Innovation Quarter (Barry Waterfront) – Updated Indicative IQ Master Plan and Consolidation Paper (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Members were informed of the progress and achievements of the Innovation Quarter (IQ) to date as outlined in Appendix A, the “Updated Indicative Innovation Quarter Master Plan and Consolidation Paper (February 2013), “the Consolidation Paper”, (a copy of which will be placed in the Member's Room), and to seek endorsement from Cabinet for the Consolidation Paper.

The Innovation Quarter (IQ) was a 19-acre mixed use development area located within the heart of Barry Waterfront.  The Council purchased the freehold of the land with 100% WDA grant aid and was in a Joint Venture with the Welsh Government aimed at regenerating the area as an urban quarter comprising a mix of learning, employment, tourism, leisure and other appropriate uses that complement and enhance the wider Waterfront.

In 2004 Cabinet approved an indicative and flexible master plan to guide the delivery of the IQ.  In pursuit of the original master plan much had been achieved and the attached paper titled “Updated Indicative Innovation Quarter Master Plan and Consolidation Paper” (February 2013) (“the Consolidation Paper”) attached as Appendix A set out the achievements and progress to date.  The Consolidation Paper also proposed the way forward for achieving project closure for the IQ by providing an Updated Indicative IQ Master Plan. 

The “Purpose” (Section 1) of the Consolidation Paper (Appendix A) was to consolidate in one report the progress and status of the Innovation Quarter (IQ) and to update its indicative master plan.  After outlining the regeneration and planning context in the “Introduction” (Section 2) the Consolidation Paper proceeded to set out the “Progress and Achievements” (Section 3) namely the delivery since 2004 of a number of development projects that were outlined in the report.

The Consolidation Paper identified for the IQ its “Remaining Development Opportunities” (Section 4), firstly the ongoing challenge of securing an end use for the grade 11 Listed Hydraulic Pumphouse and secondly the requirement to redevelop the 4 acres of undeveloped land in front of the Hood Road Goods Shed referred to as the Southern Development Site. 

Section 4 of the Consolidation Paper referred to the status of the ongoing marketing of the Hydraulic Pumphouse (due for completion April 2013) and provided an options appraisal for the future of the undeveloped 4 acres in front of the Hood Road Goods Shed, i.e. the Southern Development Site.  The options appraisal compared and evaluated (in Figures 8a and 8b on Pages 69 and 70) two alternative options for the Southern Development Site:

·               Option 1 – Building Development Site, Public Car Park and Primary School; and

 

·               Option 2 – Events Area, Public Car Park and Primary School.

The conclusion of the options appraisal and Section 4 was that the temporary events area should be redeveloped as a Building Development Site (as per the original 2004 master plan), alongside the proposed school and a 56 space public car park (required to serve the IQ), i.e. it concluded the preferred option was Option 1.

The Consolidation Paper set out the “Updated Indicative IQ Master Plan” (Section 5) incorporating a Hydraulic Pumphouse brought back into beneficial use and Option 1 for the Southern Development Site.  It illustrated this in an “Updated Indicative IQ Master Plan” drawing (Figure 9a, Page 83 of the Consolidation Paper) and included as Appendix B of this Briefing Note.

The Consolidation Paper emphasised that the updated master plan was indicative and provided a flexible framework for guiding the coordinated completion of the 19-acre IQ development area.  It identified six proposed development and infrastructure projects, which when completed would result in the IQ being fully developed.

Delivering the Updated Indicative IQ Master Plan” (Section 6) of the Consolidation Paper focused on the project governance and management of the IQ project through to project closure, identified the overall costs and funding, the revenue implications (namely of the proposed public car park), set out the headline risks to project delivery, and provided an indicative programme for the completion of the above six proposed IQ projects. 

The Consolidation Paper proposed for the Project Board established to oversee the marketing and disposal of the Hydraulic Pumphouse, to widen its remit to act as the Project Board for the full completion of the Innovation Quarter.  The Project Board membership for the IQ project therefore was proposed to comprise:

 

·               Cabinet Member For Regeneration, Innovation, Planning And Transportation;

·               Managing Director;

·               Director Of Development Services; And

·               Head of Regeneration Policy (Welsh Government).

 

The updated project governance structure proposed was illustrated in Section 6 (Figure 12, Page 93) of the Appendix A and in Appendix C of this report.

The estimated capital cost and the potential capital funding sources for the six IQ projects set out in paragraph 11 were summarised in Appendix D.

Recognising the present lack of public monies, the Consolidation Paper put forward a funding strategy that would use existing and potential capital receipts from disposals within the IQ towards the cost of the IQ projects listed in paragraph 11.  The existing and potential IQ capital receipts included the recent Whitbread land disposal (i.e. the land upon which the Premier Inn and Brewers Fayre is located), the Hydraulic Pumphouse and the Building Development Site proposed to the south of the Hood Road Goods Shed building.

The proposed primary school would be funded solely from the Section 106 Agreement for the Quays development for the first form with funding for the second form to be determined.  For this reason the cost of the school was not identified as an IQ project cost and therefore was not identified as requiring capital receipts from the IQ land disposals.

In terms of revenue implications that result from the proposed Updated Indicative IQ Master Plan these related to the proposed 56 space public car park.  As stated in Section 6 of the Consolidation Paper the potential sources of revenue for the car park were:

·               charging  for daily parking if viable;

·               negotiating with potential third party beneficiaries of the public car park to be responsible for the revenue cost; and

·               making it a condition of the disposal of the Building Development Site for a Commuted Sum to be paid towards the cost of maintaining the car park.  

 

At the meeting the Leader tabled comments from Councillor Ian Johnson in relation to the report.

 

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                           T H A T the progress and achievements of the Innovation Quarter(IQ) to date and outlined in the unpdated indicative innovation quarter Master Plan and Consolidation Paper (February 2013), “the Consolidation Paper”, attached at Appendix A to the report be endorsed.

(2)                      T H A T option 1 as outlined in paragraph 13 of the report be approved for the Southern Development Site..

(3)                        T H A T the Updated Indicative IQ Master Plan attached at Appendix B of the report as the flexible framework for completing the full redevelopment and thereby achieve project closure of the IQ, subject to Welsh Government consent be approved.

(4)                        T H A T the implementation of the IQ projects identified in Figure 13 (Page 95) of the Consolidation Paper and listed in paragraph 11 of the report subject to the availability of funding, statutory consents and Welsh Government consent (excluding the school) be approved.

(5)                        T H A T using the existing and potential sources of IQ capital receipts identified in the Resource Implications of this Cabinet Report towards the cost of the proposed IQ Projects identified in paragraph 11 of this Cabinet Report (excluding the school) be approved.

(6)                        T H A T  the updated Project Governance Structure identified in Appendix C of the report for the remainder of the IQ through to project closure for the IQ be approved.

(7)                        T H AT the marketing and disposal of the Building Development Site (subject to Welsh Government consent) identified indicatively edged green in Figure 6a and attached as Appendix E of the report be approved.

(8)                        T H A T the appointment of property agents to assist with the marketing and disposal of the Building Development Site be approved.

(9)                        T H A T the Head of Legal Services/Operational Manager to prepare, complete and execute the appropriate legal documentation required to dispose of the Building Development Site be approved.

Reasons for decisions

 

(1)                           To endorse  the progress and achievements of the IQ updated indicitaie innovation quarter master plan and consolidation paper (February 2013) .

(2)                           To endorse the preferred option.

(3)                           To approve the Updated Indicative IQ Master Plan attached as Appendix B through to project completion of the IQ, subject to Welsh Government consent;

(4)                           To approve the IQ projects identified in paragraph 11, subject to funding and statutory consents (excluding the school);

(5)                           To approve the sources of IQ capital receipts identified in the Resource Implications of this Cabinet Report towards the cost of the IQ projects identified in paragraph 11 (excluding the school);

(6)                          To approve the updated Project Governance structure in Appendix C of this Cabinet report;

(7)                           To market and dispose of the Building Development Site (subject to Welsh Government consent) identified as Appendix E of this Cabinet Report;

(8)                           To appoint property agents to assist with the marketing and disposal of the Building Development Site;

(9)                           To secure the approval of the Head of Legal Services/Operational Manager to prepare, complete and execute the appropriate legal documentation required to dispose of the Building Development Site.

 

C1267            Barry Island-Update on Regeneration, the Production of a Master Plan and Marketing of Nell's Point (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Members were provided with an update on regeneration proposals for Barry Island.  The report also provided information relating to the proposed Barry Island master plan including the reason for its production and the methods for consultation and delivery.  The report also sought authority to market the Nell's Point site on Barry Island.

Officers presented a report to Cabinet on 12th December 2007 regarding Nell's Point and future potential land uses. That report was agreed and contained a recommendation relating to the appointment on consultancy support. In accordance with recommendation 4 of that report, Humberts Leisure was appointed in June 2009.

The Humberts recommendations were reported to Cabinet in April 2010 and following a period of public consultation it was decided that the recommendations of that report needed to be considered within a wider master plan context. In addition as the Barry Regeneration Board was being formed at that time it was suggested that such a funding source might be utilised to support any schemes proposed as well as other initiatives both in Barry and at the island.

Following discussions with the Barry Regeneration Board, the LDP/Collins group were appointed to advise on an alternative set of end uses which might be promoted for Barry Island via a more targeted marketing approach. LDP/ Collins produced a two stage marketing study which was reported to Cabinet in October 2012.

Subsequent to the reports being presented in October, officers had, working alongside the Welsh Government, appraised the process, costs and risks associated with taking forward the targeted marketing approach as advocated by LDP/Collins.  It had been concluded that the approach suggested isn’t one which had been used by the public sector or Welsh Government and, therefore, had risks associated with it. The advice, therefore, was not to follow this approach as it is not considered that it provided best value for the Council's limited resources. There was also a general view that there was an initial need to market the site to assess the level and type of interest that may exist.

In addition the challenging timescale under the Regeneration Area funding stream (the programme comes to a conclusion in March 2014) heightened the risk associated with the LDP/Collns approach.  Finally, the funding gap, even accounting for the Barry Regeneration Area Funding, was a hugely material factor when considering which option to progress.  As a result work had progressed on proposals to aid regeneration of the Island (as referred to under Minute C1867) and this was a course of action that had been reported through the Barry Regeneration Area Partnership Board, most recently on 19th February 2013.  At this meeting it was agreed that regeneration area funding be used to progress a suite of public realm proposals as outlined under paragraph 6 above and presented in the report to Scrutiny and Cabinet in October of last year.

Alongside the above matter, the Welsh Government has recently produced a consultation document, Vibrant and Viable Places - A New Regeneration Framework, which is the result of a policy review of approaches to regeneration instigated by the Minister for Housing, Regeneration and Heritage in February 2012. 

The CABE document- Creating Successful Master Plans - advised that to ensure that the master plan does not become yet another Study, implementation must be considered from the start and throughout the master planning process. Clarifying and understanding realistic delivery strategies is an essential part of master planning and one which must start early. It was important to recognise at the outset of the process that master plans should not be seen as rigid blueprints for development and design. Rather they would set the context within which individual projects come forward. A detailed document entitled "Setting the Scene" (Appendix A) was made available in the Member's Room.  This set out the available information relating to past analysis of Barry Island and the issues that a master plan might consider. It was intended that the document be used as source material during the development stage of the master plan.

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                           T H A T the progress made on regeneration proposals for Barry Island be noted.

(2)                           T H A T the attached document entitled "Setting the Scene" be endorsed as the basis for consultation and the commencement of the Barry Island master planning process.

(3)                           T H A T delegated authority be given to the Director of Development Services to market the Nell's Point site with the aid of a marketing brief the content of which is to be agreed in consultation with the Leader, the Cabinet Member for Regeneration, Innovation, Planning and Transportation and the Managing Director and that Cabinet be apprised of the interest received regarding the site in due course.

(4)                           T H A T a further report be presented to Cabinet to detail the responses received to the marketing exercise for Nell's Point and the consultation responses to "Setting the Scene" in due course.

(5)                           T H A T the report be referred to Economy and Environment Scrutiny Committee for information.

Reasons for decisions

 

(1)                           To provide a full update on the regeneration proposals for Barry Island.

(2)                           To accept the attached document as the basis for consultation.

(3)                           To allow the Nell's Point site to be marketed.

(4)                           In order to evaluate the responses received following the marketing of the Nell's Point site and the consultation on "Setting the Scene".

(5)                           To seek the views of the Economy and Environment Scrutiny Committee on the content of this report.

 

C1268            Upper Holton Road Consultation on Housing Renewal Assistance (HBMCS) (SCRUTINY COMMITTEE – HOUSING AND PUBLIC PROTECTION) –

 

Members were apprised on the results of the public consultation regarding housing renewal for the upper section of Holton Road Barry and to agree a way forward.

Between the 4th January 2012 and 14th March 2012 a 10 week consultation was undertaken on three areas of policy affecting the upper section of Holton Road, Barry. These were;

·               Draft Supplementary Planning Guidance on Upper Holton Road, which sought to establish specific design guidelines for the future development of Upper Holton Road as well as influencing the pattern of land use within the stated area.  This was approved for development control purposes in July 2012.

·               Amendments to financial assistance available through the Housing Renewal Policy to deliver improvements in Upper Holton Road

·               Introduction of a licensing scheme for HMOs in the Renewal Area (including Upper Holton Road)

This paper details the results of the consultation to amend the Housing Renewal Policy to offer financial assistance to owners to secure physical improvements to upper Holton road. 

The consultation sought views on the preferred option of a loan or part grant to improve the front elevation of properties in the upper section of Holton Road and if assistance was offered what works should be funded.

To promote the consultation letters were sent to all known owners, drop-in sessions were held across 3 different days at the Castleland Renewal Area Office, a press release was issued and the consultation was highlighted on the front of the Council's web site.  To capture opinion questionnaires were completed and subsequently analysed.

In total, 25 questionnaires were completed and analysed.  From these questionnaires the following responses were received:

·               92% (23) of respondents felt the Council should offer financial assistance to owners to help improve their properties on the upper section of Holton Road.

·               88% (22) of respondents believe this assistance should be in the form of a grant.

·               Where a grant is offered, 50% stated it should be a fixed sum of £10,000, and 91% stated the money should not be repayable.

·               12% (3) of respondents believe the financial assistance offered should be a loan. 

·               Where a loan is offered, the majority stated the loan should cover the full amount, be subject to interest and repayable in full.

·               With regard to targeting any finance, 56% of respondent were not happy for work to be limited to street level if this increased the number of properties that could be approved, but wanted the whole front of the property included.  83% also wanted the assistance to be targeted on a block-by-block basis and not on a worse first basis.

In addition to the questionnaires, draft designs and estimated costs were commissioned to establish an estimated cost of works for a renewal scheme.  To renovate a shop front the cost of work was estimated at £20,000 per property, while to renovate a poorly converted residential property the cost of works is estimated at £12,500 per property. Therefore, the estimated cost of work to complete a renewal scheme in the upper section of Holton Road would be at least £1.8 million.

To finance a renewal scheme in upper Holton Road, either Welsh Government funding would need to continue in its current offer or alternative capital funding would need to be identified and a bid submitted.  While the views of the owners of property in Holton Road were noted, if such a funding was identified and a bid was successful, the terms and condition of the assistance offered to the owners would need to meet that funding's terms. It was proposed therefore that officers would seek to identify other capital funding opportunities for this scheme.

If funding was identified for a scheme, the Housing Renewal Policy 2011-13 would require amendment to detail the terms and conditions of assistance offered to owners participating in the scheme.  If funding was identified, a report recommending an amendment to the Housing Renewal Policy would be presented to Cabinet, and Cabinet's approval would be required before financial assistance to owners in upper Holton Road could be offered.

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                           T H A T the findings of the previous administration’s public consultation regarding housing renewal for the upper section of Holton Road, Barry be noted.

(2)                        T H A T despite there being no current funding for the scheme, officers continue to explore options for introducing funding streams to bring forward schemes for the area.

(3)                        T H A T a further report be presented to Cabinet in due course on progress relating to the Upper Holton Road area.

Reasons for decisions

 

(1)                           To acknowledge the results of the public consultation concerning housing renewal for the upper section of Holton Road Barry and the situation with regard to funding such a scheme.

(2)                           To identify other funding options.

(3)                           To be apprised of any developments in relation to the upper section of Holton Road.

 

C1269            Introduction of Additional Houses in Multiple Occupation Licensing for the Castleland Renewal Area (HBMCS) (SCRUTINY COMMITTEE – HOUSING AND PUBLIC PROTECTION) –

 

 

Approval was sought to declare an additional licensing scheme in the Castleland Renewal Area in relation to private rented sector houses in multiple occupation (HMO's).

The Housing Act 2004 introduced a number of new enforcement mechanisms for improving standards in the private rented sector, in particular, the Housing Health and Safety Rating System and two different types of HMO licensing, mandatory licensing and additional licensing.  The Housing Act 2004 gave power to Local Authorities to designate areas of their Authority as being subject to additional licensing in respect of some, or all, HMO's in that area that were not already subject to mandatory licensing.

In April 2007, the Welsh Government issued a General Approval to Local Authorities to implement Additional HMO Licensing, subject to the Council carrying out a thorough appraisal and a consultation exercise with stakeholders.  The Welsh Government General Approval guidance stated that Councils may introduce an Additional Licensing Scheme without obtaining Assembly approval, providing that certain requirements of the legislation with regard to evidence, consultation with interested parties and implementation are carried out. In particular, the Council must:

·               Criteria 1 - Consult persons likely to be affected by the designation and consider any representations.

·               Criteria 2 - Consider that a significant proportion of the HMO's of that description are being managed ineffectively so as to give rise to, or likely to give rise to, one or more particular problems either for those occupying the HMO's or for members of the public.

·               Criteria 3 - As part of this, have regard to the extent to which any code of practice approved under section 233 has been complied with by persons managing HMO's in the area.

·               Criteria 4 - Ensure that the introduction of additional licensing is consistent with the authorities overall housing strategy.

·               Criteria 5 - Ensure that there is a coordinated approach in connection with homelessness, empty properties and anti-social behaviour.

·               Criteria 6 - Consider whether there are any other courses of action available to the Council that might provide an effective method of dealing with the problem or problems in question.

·               Criteria 7 - Consider that making the designation will significantly assist the Council in dealing with the problems in their area.

In June 2007, the Cabinet approved the HMO Mandatory Licensing Policy.  The Mandatory licensing scheme applies to all HMO’s across the whole authority where five (or more) people share basic amenities in properties with three (or more) storeys.  To date, the Council had issued 9 licences but currently only have 6 HMO's subject to Mandatory Licensing. 

On the 16th November 2011, the Cabinet noted the HMO Licensing Enforcement Plan. This plan identified the Castleland Renewal Area as having the highest number and proportion of sub-standard and poorly managed properties.  The report also agreed to public consultation on additional licensing for HMO's within the Castleland Renewal Area.

The requirements for General Approval to designate an Additional HMO Licensing scheme have been considered by the Council.   Each criteria set out in the Welsh Government's guidance has been considered, and a consultation exercise with stakeholders undertaken.  The outcome of the consideration made for each criteria are detailed in Appendix 1 of the report and a summary of each is detailed below.

In respect of Criteria 1 - "Consult persons likely to be affected by the designation and consider any representations" a consultation exercise on additional licensing of HMO's in the Castleland Renewal Area was carried out between January and March 2012.  The results from the consultation indicated that overall there was support for the principles of the scheme, although some landlords and letting agents objected to the introduction of Additional HMO Licensing.

In respect of Criteria 2 - "Consider that a significant proportion of the HMO's of that description are being managed ineffectively so as to give rise to, or likely to give rise to, one or more particular problems either for those occupying the HMO's or for members of the public" from the HMO Enforcement Plan a breakdown of key risk factors and risk assessment scores for HMO's by ward clearly identified the Castleland Renewal Area as having the highest number and proportion of sub-standard and poorly managed properties.  Of the 59 HMO’s identified in Castleland, over half have a significant hazard and inadequate fire safety and over a third have unsatisfactory management arrangements. 

In respect of Criteria 3 - "As part of this, have regard to the extent to which any code of practice approved under section 233 has been complied with by persons managing HMO's in the area," the Rent Only Residential Management Code for Wales adopted by the Welsh Assembly Government in February 2006 gives guidance to landlords & agents on their responsibilities towards each other and to various clients. The survey and consultation conducted highlighted that significant portions of the guidance is not being adhered to by landlords & agents. The code includes requirements for managers to protect any money held by them, but not owned by them, that inventories should be provided, that managers must be aware of their obligations relating to gas safety, works are completed and good communication with the tenants is maintained about the nature and timescales of works to be carried out.

In respect of Criteria 4 - "Ensure the introduction of additional licensing is consistent with the authorities overall housing strategy" the Vale of Glamorgan Council’s Local Housing Strategy 2007-2012 highlights the Council's commitment to improving private sector housing conditions in the Castleland area with the declaration of the Renewal Area. The Housing Renewal Policy 2011 – 2013 recognised that only a limited number of the HMO within the Vale of Glamorgan are covered by Mandatory licensing and that consideration should be given to the introduction of additional licensing, initially commencing in the wards within the Renewal Area.

In respect of Criteria 5 - "Ensure that there is a coordinated approach in connection with homelessness, empty properties and anti-social behaviour"  the Vale of Glamorgan has a number of strategies and policies dealing with homelessness, empty properties and anti-social behaviour which will be combined with the introduction of an Additional Licensing Scheme to secure a co-ordinated approach.

In respect of Criteria 6 - "Consider whether there are any other courses of action available to the Council that might provide an effective method of dealing with the problem or problems in question" the Council has used a risk assessment approach to target inspections and enforcement of physical and management standards in HMO's using current legislation.  Over half of the HMO's in the Castleland Renewal Area have had notices served under the previous or current legislation, yet still, half of these have significant hazards due to lack of maintenance or poor management and over half are classed as medium or high risk for fire safety issues.  While other courses of action are available to the Council to deal with some of these issues in HMO's, they will not provide the holistic approach that the licensing regime provides. The Council can only make a sustainable improvement to the HMO's in consideration if landlords play their part too. In November 2008, the Landlord Accreditation Wales (LAW) Scheme was launched. To date, 20 landlords within Vale of Glamorgan have become accredited since the launch of the scheme and there as been no uptake from landlords of HMO’s in the Renewal Area. While incentives to support landlords to become accredited in the area have been made available, the consultation revealed that only 27% of respondents believed that a voluntary scheme could improve standards of HMO management.

In respect of Criteria 7 - "Consider that making the designation will significantly assist the Council to deal with the problems in the area"  the introduction of an additional licensing scheme would have the following direct benefits:

·               Improvements to the physical accommodation.

·               Improvements to tenant’s Health & Safety. 

·               Sustainable improvements to the Castleland Renewal area.  

·               Enable better value for money secured by a proactive approach in one area. 

·               Provide a consistent approach to Tenancy Management & Property Conditions.

·               Improve landlords' knowledge of their legal requirements and good practice.

·               Eradication of landlords who are not “fit and proper”.

 

In view of the support for the scheme and evidence of poor management and housing condition of HMO's within the Castleland Renewal Area, designating an additional licensing scheme for HMO's within the Castleland Renewal Area would assist the Council to secure housing improvements within the area.

It was proposed that Additional HMO Licensing be designated in the Castleland Renewal Area.  The full designation for this scheme was detailed in Appendix 2 of this report.  The scheme would be operated in accordance with the Housing Act 2004 and associated regulations.

It was proposed that the scheme would be implemented from the 1st July 2013. The area would be designated for a period of five years. The fire safety, amenity and management standards that would be applied to HMO's for both mandatory and additional licensing were detailed in the existing HMO Licensing Enforcement Plan at annex C to G.

The Council was required to provide a three month period before commencement of the scheme to allow for marketing and publicity of the scheme. As soon as the designation was made, the authority must publish the decision within 7 days. This would be undertaken on the Council's internet site, public notice boards and with two local newspapers.

At the meeting the Cabinet Member for Leisure Parks Culture and Sports Development, mentioned that it was a great initiative being taken forward.

 

The Cabinet Member for Childrens Services commented that, the report was a welcome step forward in protecting and supporting tenants.

 

The Cabinet Member for Adult Services mentioned that there were many wards affected within the Vale and the same safeguarding measures should be provided to all residents in the Vale of Glamorgan.

 

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                           T H A T an Additional Houses in Multiple Occupation licensing scheme for the Castleland Renewal Area be declared.

(2)                        T H A T the fee structure as outlined within the report be agreed for additional HMO licensing in Castleland Renewal Area.

(3)                        T H A T the Head of Legal Services be authorised to sign (and seal if necessary) the designation of the Licensing scheme. 

(4)                        T H A T the Director of Development Services investigate whether this scheme could be extended throughout the whole of the Vale of Glamorgan and that a further report be brought back to Cabinet in due course.

Reasons for decisions

 

(1)                           To improve the management standards and condition in Houses in Multiple Occupation private rented accommodation in the Castleland Renewal Area.

(2)                           To enable a fee to be charged to cover the cost of administering the scheme.

(3)                           To authorise the Head of Legal Services to confirm the Designation of the Castleland Renewal Area additional HMO licensing scheme.

(4)                           To look at safeguarding tenants within the Vale.

 

C1270            Fairleigh, Michaelston Le Pit - Proposed Disabled Person's Parking Place - Objections Report (EVS) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

 

Members were apprised of objections received to the proposed installation of a disabled person's parking place outside Fairleigh, Michaelston Le Pit and to propose appropriate action.

The resident at 3 Fairleigh, Michaelston Le Pit applied on 17th December 2011 for a disabled persons parking place outside his home. The application met the current criteria.

Under delegated powers the Director of Visible Services and Housing, in consultation with the Cabinet Member for the Environment and Visible Services gave approval to undertake statutory consultations and to give public notice of the Council's intention to install a disabled persons parking place in the layby situated outside Fairleigh, Michaelston Le Pit. This approval was given on 29th November, 2012.

Five letters of objection were received to the proposal from other residents and Community Council Members.

The main point raised by all the objectors was with reference to the proposed length of the disabled persons parking bay, 6.6 metres, which would in effect reduce the parking available within the layby from three to two spaces.

The standard length for a disabled persons parking place was 6.6 metres, which was specified in The Traffic Signs Regulations and General Directions 2002, a statutory document produced by the Department for Transport. This length was specified to assist disabled persons in not only parking their vehicles, but also allowing wheelchair users to exit their vehicle safely and with ease.

It had been ascertained that the Applicant is not a wheelchair user, therefore to prevent any inconvenience to the residents it was proposed to reduce the length of the proposed parking bay to 5 metres. This would enable three vehicles to be parked within the layby as was the current practice.

 

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                           T H A T the disabled persons parking place at Fairleigh, Michaelston Le Pit be installed at a reduced length.

(2)                        T H A T the objectors and the applicant be advised of this decision.

Reasons for decisions

 

(1)                           To allow the Traffic Regulation Order to be made and implemented.  

(2)                           To confirm the Council's position.

C1271            Gwenllian Street, Barry - Proposed Disabled Person's Parking Place - Objections Report (EVS) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Members were apprised of objections received to the proposed installation of a disabled person's parking place outside 15 Gwenllian Street, Barry and to propose appropriate action.

The resident at number 15 Gwenllian Street, Barry applied on 30th July 2012 for a disabled persons parking place outside his home. The resident completed and submitted an application form and, on the information provided on the form, met the current criteria.

Under delegated powers the Director of Visible Services and Housing in consultation with the Cabinet Member for the Environment and Visible Services gave approval to undertake statutory consultations and to give public notice of the Council's intention to install a disabled persons parking place in Gwenllian Street, Barry. This approval was given on 29th November, 2012.

The three letters of objection had the same content and objections, which were attached at Appendix A for consideration.

The objectors all live within close proximity to the applicant's address and the main points raised were that:

·               The applicant only resides at 15 Gwenllian Street for part of the calendar year as he spends a number of months away from his property residing in a caravan in west Wales.

·               The installation of a disabled bay would 'unnecessarily inconvenience and frustrate the other residents as the parking bay would remain unused most of the time.'

·               The neighbors are already considerate of the applicant's condition and when he is resident leave space for him to park outside his property.

The Council's Policy for disabled persons parking places clearly states that the applicant must be a permanent resident at the address. The applicant had been contacted directly and he had confirmed that it was not his permanent residence and that he does spend a number of months away from the property. This information was not declared on his application form.

Following receipt of this additional information and the objections from the residents it was considered inappropriate to progress with the installation of the disabled person's parking place.

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                           T H A T the proposed installation of a disabled persons parking place at 15 Gwenllian Street be refused.

(2)                           T H A T  the objectors and the applicant be advised of this decision.

Reasons for decisions

 

(1)                           To comply with Council Policy that the applicant must be a permanent resident at the address.

(2)                          To confirm the Council's position.

 

C1272            Civil Parking Enforcement Partnering Arrangements and Charges for Parking Contraventions (EV) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Approval was sought to obtain delegated authority to sign the Service Level Agreement between the Vale of Glamorgan Council and Bridgend County Borough Council for the provision of Civil Parking Enforcement and to advise Members of the charges for parking contraventions in relation to Civil Parking Enforcement and spend on the project to date.

The partnership arrangements for the operation of the service between this Council and Bridgend County Borough Council would be controlled via a 'Service Legal Agreement' which will be valid for 3 years from 1 April 2013.  Officers were still working on the final details of this Agreement.

The Service Legal Agreement was a legal Agreement between two local authorities which detailed issues such as income and expenditure arrangements, procedures for termination, indemnification and insurances, operational procedures, appointment of staff and contractors, dispute resolution and arbitration and data protection procedures.  Due to the short timescales between the date of this Cabinet meeting and the service introduction it was proposed that delegated authority be granted to the Director of Visible Services and Housing in consultation with the Managing Director, the Head of Legal Services and the Cabinet Member for Environment and Visible Services to agree and sign the Agreement.

The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (Wales) Order 2008 set out the levels of charges for parking contraventions that could be imposed in Wales. This information is tabulated below:

 

(1)

Band

(2)

Higher level penalty charge

(3)

Lower level penalty charge

(4)

Higher level penalty charge paid early

(5)

Lower level penalty charge paid early

(6)

Higher level penalty charge paid after service of charge certificate

(7)

Lower level of penalty charge paid after service of charge certificate

Band 1.

£60

£40

£30

£20

£90

£60

Band 2.

£70

£50

£35

£25

£105

£75

 

This report was to confirm that the level of PCN that would be imposed when CPE comes into force on 1 April 2013 would be as described in Band 2 of the table. 

The order permits for a discounted level of penalty charge which was paid early (that is within 21 days in the case of penalty charges imposed on the basis of a record produced by an approved device and 14 days in all other cases) and a surcharged level of payment after a charge certificate had been issued.

Cabinet approved that up to £300,000 be made available from Visible Services Reserves to progress the CPE application.  Costs to date were approximately £230,454 and comprise the following:

Technical salaries:                              £61,000   (current estimate)

Buchanan Software:                            £21,500   (current estimate)

Alpha Parking:                                     £56,954   (current estimate)

Buchanan Order Management:          £9,000

Expenditure on Lines and Signs      £62,000

Costs to be recharged from BCBC            £20,000 (current estimate

The management of the CPE application process is being undertaken by the Council's Highway Projects and Traffic Management Group, Highways and Engineering.  

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                           T H A T delegated authority be given to the Director of Visible Services and Housing in consultation with the Managing Director, the Head of Legal Services and the Cabinet Member for the Environment and Visible Services to sign the Service Legal Agreement with Bridgend County Borough Council on behalf of the Council.

(2)                           T H A T Members approve the scale of charges for parking contraventions and spend on this project to date.

(3)                        T H A T delegated authority be given to the Director of Visible Services and Housing in consultation with the Managing Director, the Head of Legal Services and the Cabinet Member for the Environment and Visible Services to sign the Ticketing Service Level Agreement with Denbighshire Council which arranges for the provision of support to the partnership in respect of the collection of monies due from keepers of vehicles served with PCN’s and general back office functions and responding to queries. 

(4)                        T H A T  delegated authority be given to the Director of Visible Services and Housing in consultation with the Managing Director, the Head of Legal Services and the Cabinet Member for the Environment and Visible Services to sign the required Memorandum of Participation in the Parking and Traffic Regulations outside London and Adjudication Joint Committee (PATROLAJC), which was the body that would provide an independent adjudication service for persons appealing PCN’s.

(5)                         T H A T the Cabinet Member for  the Evironment and Visible Services be appointed to serve as a representative of this Authority of PATROLAJC.

Reasons for decisions

 

(1)                           To ensure that there were no delays in authorising the contractural agreements for the partnership when the details are agreed, in order to meet the 1 April, 2013 implementation date for Civil Parking Enforcement.

(2)                           To advise Members.  

(3&4)        To ensure that the service level agreement and memorandum of participation was in place in time for the 1st April, 2013 implementation date.

(5)             To ensure representation by the Authority on PATROLAJC.

 

C1273            Summary of draft Self Evaluation Report of Local Authority Education Services for Children and Young People

 

Approval was sought to obtain delegated authority to approve the final Self Evaluation Report, that was attached at Appendix 1 to the report.

Comments on the draft document were also being sought from a range of other groups.  Any comments received from Scrutiny and other groups would be considered in preparing the final Self Evaluation Report.

This was a matter for Executive decision.

 

RESOLVED – 

 

(1)                           T H A T the contents of the summary draft Self Evaluation Report be noted.

(2)                       T H A T delegated authority be given to the Chief Learning and Skills Officer in consultation with the Cabinet Member for Children's Services to approve the final Self Evaluation Report.

Reasons for decisions

 

(1)                           To ensure that the Self Evaluation Report is an accurate evaluation of education services for children and young people.

(2)                           To obtain approval for the Self Evaluation Report.

C1274                        MATTERS WHICH THE CHAIRMAN HAD DECIDED WERE URGENT

 

RESOLVED - T H A T the following matters, which the Chairman had decided were urgent for the reason given beneath the minute headings be considered.

 

C1275                        VISIBLE SERVICE – PROPOSED FEES AND CHARGES FOR 2013 / 2014  (REF) –

 

Matter which the Chairman had decided was urgent by reason of the need to implement the proposed fees and charges on 1st April, 2013

 

The Scrutiny Committee (Economy and Environment) on 12 February, 2013 considered the above report of the Director of Visible Services and Housing.

 

The proposed charges for Visible Services were set out in the appendices to the report as below:

 

-                      Appendix 1: Waste Management and Cleansing

-                      Appendix 2: Highways and Engineering

-                      Appendix 3: Parks and Grounds Maintenance

-                      Appendix 4: Parks and Grounds Maintenance and Porthkerry Cemetery.

 

The Director of Visible Services and Housing presented the report by advising that due to ongoing increases in landfill charges it was proposed to increase commercial waste charges for residual waste by 10%.  Whilst these above inflation level costs may detrimentally affect a number of commercial businesses, he advised that the private sector had a choice as to whether to use the Council’s refuse collection and recycling service or an alternative service provider. 

 

With regard to kerbside recycling, it was proposed not to increase the cost of reusable green bags currently priced at £1 and that the charges for biodegradable sacks would also be set at the same value as the last six years at three sacks for £1.  As part of the continued Waste Awareness Campaign and the wish to limit the future use of plastic carrier bags, it was also being proposed to keep the cost of the jute reusable shopping bags at 50p each.  All other waste charges were proposed to be increased by 3%.  The Director further stated that he did not propose to increase the charges for coastal car parks but to keep these charges the same as in 2012 / 2013 at £4.00 / day. 

 

IN presenting the report the Director also referred to the following :-

 

Parks and Grounds Maintenance (Appendix 3)

 

The proposal was all charges in Parks and Grounds Maintenance, with the exception of cemetery costs, be increased by 3%. 

Parks and Grounds Maintenance and Porthkerry Cemetery (Appendix 4)

 

As in previous years, the charges proposed had been put forward by Barry Town Council who managed the Cemetery on behalf of the Vale Council.

In referring to football clubs the report highlighted that there were a number of senior clubs that benefited from additional maintenance and facilities due to their positions within higher leagues. A number of which had bespoke licence agreements with the Council, and in most cases this resulted in them paying less per game than clubs in the local Vale of Glamorgan League. In return the clubs however, usually undertook limited pitch preparation work and provided staffing cover for certain pavilions. The proposal was for all of these agreements to be reviewed and a policy established which assisted in controlling the numbers of pitches set aside for higher league football for the future, whilst also ensuring that the full costs of the increased standards of provision were recovered.  The Director stated that as draft policy on this issue would be submitted to the Scrutiny Committee for consideration during 2013/14.

 

It was noted that Parkwood Leisure was responsible for taking bookings for football matches on an interim basis but that this was currently under review. The report proposed that the Director of Visible Services and Housing be granted delegated authority to agree any suitable alternative pitch booking arrangements and to vary the fees for senior football for 2013/14 in consultation with the Cabinet Member for Leisure, Parks Culture and Sport Development; should a more reliable, lower cost pitch booking arrangement become available.              

 

Following consideration of the report it was subsequently 

 

RECOMMENDED –

 

(1)       T H A T the Scrutiny Committee supports the charging and fee proposals for Visible Services as set out in the report and the Appendices.

 

(2)       T H A T the proposed fees and charges as contained within the report and the Appendices be forwarded to Cabinet for approval.

 

(3)       T H A T Cabinet be requested to consider that a further report detailing a draft policy for the future arrangements for the playing of high league football on Council owned pitches be presented to the Scrutiny Committee in 2013/14.

 

(4)       T H A T Cabinet be requested to consider that the Director of Visible Services and Housing be granted delegated authority, in consultation with the Cabinet Member for Leisure, Parks, Culture and Sport Development, to agree an alternative arrangement for the payment of football pitch booking fees and any variation to such fees required as a result.

 

Reasons for recommendations

 

(1)       To demonstrate the Committee’s support for the charge increases proposed for 2013/14.

 

(2)       For Cabinet approval.

 

(3)       For Cabinet approval in order to establish a policy for the use of Council owned pitches for higher league football in the future and to ensure that all additional costs of such are appropriately recovered.

 

(4)       For Cabinet approval to permit a prompt decision on any changes to the current booking system and any resulting variation to pitch fees for the 2013/14 period.”

 

----------------------------------------------

 

Prior to the consideration of this item the Cabinet Member for Leisure, Parks Culture and Sports Development left the room and took no part in any discussions.

 

Cabinet, having considered the recommendation of the Scrutiny Committee (Economy and Environment)

 

RESOLVED –

 

(1)                           T H A T the proposed fees and charges as contained within the report and the Appendices be approved.

 

(2)                           T H A T a further report detailing a draft policy for the future arrangements for the playing of high league football on Council owned pitches be presented to the Scrutiny Committee (Economy and Environment) and Cabinet in 2013/14.

 

(3)                           T H A T the Director of Visible Services and Housing, in consultation with the Cabinet Member for Leisure, Parks, Culture and Sport Development, be granted delegated authority to agree an alternative arrangement for the payment of football pitch booking fees and any variation to such fees required as a result.          

 

Reasons for decisions

 

(1)             To approve the fees and charges.

 

(2)             In order to establish a policy for the use of Council owned pitches for higher league football in the future and to ensure that all additional costs of such are appropriately recovered.

 

(3)             To permit a prompt decision on any changes to the current booking system and any resulting variation to pitch fees for the 2013/14 period.

 

 

C1276            PUBLIC PROTECTION – PROPOSED FEES AND CHARGES (REF) –

 

Matter which the Chairman had decided was urgent by reason of the need to implement the proposed fees and charges on 1st April, 2013

 

The Scrutiny Committee (Housing and Public Protection) on 13 March, 2013 considered the above report of the Director of Development Services.

 

Consideration was given to proposals set out in the report to increase fees and charges in respect of those functions managed by the Council's Public Protection Service and were the responsibility of the Council's Executive. 

 

RECOMMENDED -

 

(1)       T H A T the Scrutiny Committee (Housing and Public Protection): accepts the report and refers the matter to Cabinet for further consideration.

 

(2)       T H A T the schedule of fees and charges as set out in Appendices 1, 2 and 3 of the report be accepted to take effect from 1st April, 2013 and be referred to Cabinet for further consideration.

 

Reasons for recommendations

 

(1&2)  To notify the Cabinet of the Scrutiny Committee's view on the matter and to allow the Cabinet to give consideration to increasing fees and charges in line with inflation, statutory requirements and reflect more accurately the actual cost of providing services."

 

----------------------------------------------

 

 

Cabinet, having considered the recommendation of the Scrutiny Committee (Housing and Public Protection)

 

RESOLVED –

 

(1)       T H A T the contents of the report be endorsed.

 

(2)       T H A T the schedule of fees and charges as set out in Appendices 1, 2 and 3 of the report be accepted to take effect from 1st April, 2013.

 

Reasons for decisions

 

(1&2)  To increasing fees and charges in line with inflation, statutory requirements and reflect more accurately the actual cost of providing services.

 

 

C1277            Setting a standard contracting rate for places in independent residential care homes for older people (AS) (SCRUTINY COMMITTEE – SOCIAL CARE AND HEALTH) –

 

Matter which the Leader had decided was urgent by reason of the need for setting care home fees in the current financial year (2012/2013)

 

Approval was sought to finalise the fees that the Council would pay when contracting for places in residential care homes run by the independent sector for 2012/2013.

In 2007, the Council adopted a robust methodology to determine care home fees which took into account the actual costs incurred in delivering care. Work was undertaken with the assistance of external experts to develop a toolkit to meet the requirements. The toolkit was adopted in 2007/2008 and had been used since that date to determine the level of fees in the Vale of Glamorgan.

Since 2011/2012, there had been ongoing dialogue with the care home sector regarding fee levels.  In November 2011, the Vale of Glamorgan Council set the care home fees for 2011/2012.  The fee was determined following extensive work with a small working group, nominated by the sector, to work with officers of the Council.  As a result of the work, the fees for 2011/2012 were 13% higher than those for 2010/2011. The final fees were set on the basis of changes made to the toolkit in response to issues raised by the independent sector.

Although the fees showed a considerable uplift, the independent sector felt that the Council had not addressed all the issues which they had raised.  When the fees were approved by Cabinet 29th November 2011, the following minute was also agreed:

·               "Cabinet values the dialogue between officers of this Council and the independent providers of residential and nursing care, and authorises officers to pursue further discussions in respect of the few areas where agreement has not been reached in this financial year, in order to negotiate the fees for next year."

The work with the sector progressed in a number of ways, including:

·               The electronic version of the toolkit used by the Council to determine fees was shared with the sector, together with the data used to populate it;

·               A number of meetings took place between the representatives from the sector and officers in 2012 during which a range of issues were discussed; and A report was submitted for consideration by Cabinet on December 2012

Following additional representations from the independent sector, the report was not considered.  Cabinet agreed that the report should be deferred for further consideration and that a working group would be established with the aim of resolving the matter (min C1944 refers).

Since December 2012, two meetings had taken place between the Leader and Deputy Leader and representatives from the independent sector to clarify and discuss the outstanding issues.

As an outcome from these discussions, it was proposed to award an uplift of 4.5% for 2012/2013, backdated to April 2012.  This would acknowledge the inflation costs that the sector had borne since the beginning of the year and some inconsistency in allocation of overheads within the toolkit.

It was also proposed to review the method for setting fees for future years in accordance with the following action plan:

Immediate

·               The whole sector would be asked, as a matter of urgency, to provide the Council with up-to-date data which could be used to inform a potential three-year agreement on fees.  This should result in a more representative sample of data being available.  It would be essential that representatives of the care home sector encourage providers to cooperate in this exercise as the timetable is challenging.

·               The required data would be:

- Cost per bed per week in the home

- Total costs detailed at the following levels:

   employee costs

   premises costs

   transport costs

   supplies and services

- Occupancy levels

·               On receipt of this information, an interim uplift of 2% for 2013/14 will be paid to each home.

Medium Term - end of June 2013

·               The occupancy levels to be used should be agreed and based on a percentage which reflects the operations of an efficient home.

·               Work will be undertaken to verify the data submitted to ensure reliability and agree a figure for inclusion in care home fee calculations.

Longer Term - six months and beyond

·               The methodology will be revisited, following further consideration of the remaining areas of difference between the independent sector and the Council.

·               The Council would ask the independent sector to help develop and adopt a revised contract for care home services.  The proposed data for implementation of the new contract is April 2014 at the latest.

·               If the new contract is adopted, a three-year agreement on fees from 2013/14 will be sought.

On the basis of this proposal above the standard fees for 2012/2013 are set out in Table 1 below

Table 1

 

Type of Provision

Fee for 2011/2012 £ per resident per week

Fee 2012/2013 £ per resident per week

Percentage Increase

Residential Care for Frail Elderly

£468

£489

4.5%

Residential Care for Older People with dementia – not incentivised*

£504

£526

4.5%

Residential Care for Older People with dementia – incentivised*

£519

£542

4.5%

 

*The Commissioning Strategy for Older People Services 2011/2018 highlights the need for services to support older people with dementia.  The Council sometimes had difficulties in obtaining specialist places in nursing homes for older people suffering from dementia related illnesses.  It was agreed, therefore, to amend the methodology to provide an additional incentive from April 2012 so that more independent sector providers will be willing to provide this type of care.

Within the overall social services budget for 2012/2013, there was an increase of 2% to allow for uplifting care home fees to account for inflation.  Because of the considerable number of placements involved, the fee levels have a considerable impact upon the budget of the Social Services Directorate.  Any 1% increase in the fee level increases community care spending by approximately £50,000 per year. Payments of the 4.5% increase for 2012/13 would be backdated to the beginning of the financial year.  The proposed increase of 4.5% would be funded from underspends elsewhere within the social services budget in the current year.

Not all the residents in these homes were the responsibility of the Vale Council and some of them would pay their own fees.  All the people placed in residential care by the Council were financially assessed with regard to contributing to the cost of the care provided.  These charges were calculated in accordance with the Charging for Residential Accommodation Guidelines produced by the Welsh Government.  The care home was paid net of the resultant assessed charge and the home must collect the balance.

Nursing homes receive an additional payment from the Local Health Board to provide the nursing care required by individual residents.  This payment was currently £120 per resident per week and it had not been uplifted for inflation in the current financial year.

This was a matter for Executive decision

 

RESOLVED –

 

(1)                        T H A T the proposed fees for 2012/2013 be agreed.

(2)                        T H A T delegated authority be given to the Director of Social Services, in consultation with the Leader, Cabinet Member for Adult Services and Managing Director, to vary fee levels in appropriate circumstances.

(3)                        T H A T the Leader and Cabinet Member for Adult Services continue discussions with representatives of the independent sector.

(4)                        T H A T Cabinet receives regular updates about progress in discussing next year's fees with independent providers of residential care and nursing home placements for older people in accordance with the action plan set out in this report.

(5)                        T H A T on receipt of the required data from each care home, Cabinet agree an interim uplift of 2% for 2013/14 to be paid to each care home provider that complied.

(6)                        T H A T the care home providers be thanked for their co operation in reaching the current position.

Reasons for decisions

(1)                      To establish the final fee for 2012/2013.

(2)                      To deal with exceptional circumstances where use of the agree contract rates operates against the interests of individual service users or the Council.

(3)                      To progress the settlement of future fee levels.

(4)                      To monitor the progress made in the ongoing dialogue with the independent sector in respect of this important commissioning task for the Council and for those in need of the service.

(5)                      To authorise interim uplift for those care homes that complied.

(6)                      To thank the care home providers.

 

 

 

 

 

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