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                                                                        Agenda Item No.

 

CABINET

 

Minutes of a meeting held on 20 May, 2013.

 

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

 

C1329                        MINUTES –

 

RESOLVED – T H A T the minutes of the meeting held on 8 May, 2013 be approved as a correct record.

 

C1330                        DECLARATIONS OF INTEREST –

 

No declarations of interest were received.

 

C1331                       CONSIDERATION TO BAN DOGS FROM VALE PLAY AREAS (REF) -

 

The Scrutiny Committee (Economy and Environment) on 16 April, 2013 considered the above report of the Director of Visible Services and Housing.

 

“Councillor R.J. Bertin had submitted a request for consideration for a report   to consider proposals to prohibit dogs from entering children’s play areas across the Vale of Glamorgan.  Full details of the request were included within the agenda.

 

In presenting his request Councillor Bertin stated that many members of the public had been eager for a debate to take place on the matter and that in view of the fact the Council could now make its own dog control orders due to changes in recent legislation, he asked for the Committees support for a review of the issue to be undertaken.  Councillor Bertin had also advised the public of his intentions in respect of the request via the local press and a number of responses had been received from residents which were attached at Appendix B to the report.

 

The Director of Visible Services and Housing in referring to the report advised   that in 2001 the Vale of Glamorgan Bye-Laws for “Dog Ban, The Removal of Faeces and Dogs on Leads for Public Walks, Pleasure Grounds and Open Spaces†had been sealed and confirmed by the National Assembly for Wales.  This had enabled the Council to ban dogs from a number of sites in the Vale which were listed at Appendix A to the report.  To date, enforcement of the Dog Ban Bye-Law had only been advisory with no fines issued or prosecutions progressed.  However, recently, “Dog Control Orders†had replaced the previous system of bye-laws for the control of dogs and also the penalties, fines, etc. under the Dogs (Fouling of Land) Act 1996 as this Act was repealed by the “Clean Neighbourhoods and Environment Act 2005â€.  However, the bye-laws that had previously been made by the Council remained in force indefinitely and could continue to be enforced as normal. 

 

Under the legislation it was now possible for all local authorities to make a Dog Control Order to provide controls on the handling and behaviour of dogs on areas of land within their authority.  The Director further highlighted that over recent years the Council had acquired a number of new parks and open spaces but these new areas were not covered by the existing bye-laws and therefore some consideration needed to be given to regulating various activities on these sites, including dog control.

 

There were a number of options open to the Council.  One option was that the Council could consider introducing Dog Control Orders just in respect of dog exclusion in relation to play areas within parks and open spaces throughout the county.  This would mean that there would be the existing Dog Bye-laws and a series of Dog Control Orders operating side by side.

 

An alternative option would be to consider revoking the existing Dog Bye-laws and introducing new Dog Control Orders which could cover failing to remove dog faeces; not keeping a dog on a lead; not putting, and keeping, a dog on a lead when directed to do so by an authorised officer; permitting a dog to enter land from which dogs are excluded during certain times or permanently; and taking more than the specified number of dogs onto land.  Once introduced, the Council might seek to prosecute dog control offences, and a  fine of up to level three on the standard scale (currently £1,000) may be given upon conviction.  Alternatively fixed penalty notices could be given to suspected offenders, giving them the opportunity to discharge liability for the offence.

 

The Director suggested that in view of the above officers should consider the matter in greater detail and provide a report to Cabinet, in the near future, detailing the various options available. Members views were also requested to assist in this process.  At this point reference was also made to the service plan and action plan that were to be dealt with later in the agenda it being noted that £10,000 had been set aside in the plan to consider a review of bye-laws.  It was the general consensus of opinion to support the Request for Consideration as Members agreed that it was essential to address the issue specifically in children’s play areas.  The Cabinet Member, who was also present and granted permission to speak, reiterated Members’ concerns and advised that he fully supported the request. He referred to, in particular, the issues of dog faeces on many sports fields throughout the Vale and the continuing need to advise people of the problems that could be caused to users by walking dogs in these areas. 

 

In summation Councillor Bertin reiterated his concerns in relation to children’s play and multi use areas throughout the Vale of Glamorgan. 

 

Following consideration of the report it was subsequently

 

RECOMMENDED – T H A T Cabinet be advised of the Scrutiny Committees support for a more detailed report on options, in respect of the above, and the possible introduction of Dog Control Orders, to be submitted to Cabinet, in the near future.

 

Reason for recommendation

 

To enable Cabinet to consider the introduction of further mechanisms to control anti social activities by dog owners in parks and open spaces and to further consider improving enforcement methods.â€

 

 

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

 

RESOLVED –

 

(1)       T H A T the Scrutiny Committees (Economy and Environment) concerns be noted and that Cabinet agree with the issues raised.

 

(2)       T H A T Officers be requested to produce a more detailed report on the various options for the enforcement of dog behaviour in relation to all play areas and play grounds across the Vale of Glamorgan and the possible introduction of Dog Control Orders to a future cabinet meeting for consideration.

 

Reasons for decisions

 

(1&2)  To consider the introduction of further mechanisms to control anti-social activities by dog owners in parks and open spaces and to further consider improving enforcement methods.

 

 

C1332            SUMMARY OF SCHOOL INSPECTION REPORT FOR THE SPRING TERM 2013 (REF) –

 

The Scrutiny Committee (Lifelong Learning) on 22 April, 2013 considered the above report of the Chief Learning and Skills Officer.

 

“The report advised that Cogan Nursery School had been inspected during the Spring Term 2013 and provided a summary of the investigation findings which were appended to the report.

 

The inspection feedback highlighted that for wellbeing, learning experiences, the learning environment and partnership working the judgement for the school was deemed excellent and overall the inspection found that the current performance and prospects for improvement were good. 

 

Members having considered the report were extremely pleased that in four areas the school was demonstrating excellent work. 

 

It was subsequently

 

RECOMMENDED -

 

(1)       T H A T the report be referred to Cabinet for information in recognising the good work that had been achieved.

 

(2)       T H A T a letter of congratulations be forwarded to the school by the Chairman on behalf of the Scrutiny Committee.

 

Reasons for recommendations

 

(1)       To inform Cabinet of the good results following the schools inspection.

 

(2)       To extend congratulations to the school."

           

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The Cabinet Member for Children’s Services informed Cabinet that Cogan Nursery School had also won ‘Welsh Team of the Year’ Award. He further commented that Albert Primary School had won ‘Learning Support Teacher of the Year’ Award and Barry Island Primary School had won ‘New Teacher of the Year’ Award. All three Schools would be entered into the National Teaching Awards in October 2013.

 

Having considered the recommendations of the Scrutiny Committee (Lifelong Learning), and the information provided by the Cabinet Member, Cabinet

 

RESOLVED –

 

(1)       T H A T the good work achieved by Cogan Nursery School be noted.

 

(2)       T H A T a letter of congratulations be sent to Cogan Nursery School, Albert Primary School and Barry Island Primary School by the Leader on behalf of the Cabinet.

 

Reasons for decisions

 

(1&2)  To acknowledge the good results of the Schools.

 

 

C1333            GLAMORGAN HERITAGE COAST ADVISORY GROUP -

 

The following minutes of the Glamorgan Heritage Coast Advisory Group meeting held on 12 April, 2013 were presented.

 

Present:  Councillors J. Drysdale, Mrs. A.J. Preston, R.P. Thomas and E. Williams (Vale of Glamorgan Council); Mr. J. Golunski (Dunraven Estates).

Mr. B. Acott (Friends of the Glamorgan Heritage Coast Mr. N.A. Lewis (Glamorgan Wildlife Trust); Mr. R. McLaggan (Merthyr Mawr Estates); Mr. N. Sharpe (Natural Resources Wales) and Mrs. H. March (Friends of Glamorgan Heritage Coast).

 

(a)       Appointment of Chairman

 

AGREED – T H A T Councillor Mrs. A.J. Preston be appointed Chairman for the current Municipal Year.

 

(b)       Appointment of Vice-Chairman

 

AGREED – T H A T Councillor E. Williams be appointed Vice-Chairman for the current Municipal Year.

 

(c)        Apologies for Absence – 

 

These were received from Councillor R.F. Curtis, Mrs. V.M. Hartrey (Vale of Glamorgan Council) and Councillor G. Davies (Bridgend County Borough Council),

 

(d)       Minutes – 

 

AGREED – T H A T the minutes of the meeting held on 19th April, 2012 be accepted.

 

(e)          Achievements and Issues at the Glamorgan Heritage Coast

 

The Principal Ranger, Mr. Paul Dunn, provided the Group with a PowerPoint presentation detailing the work of the team over the previous months.  Mr. Dunn advised that the weather had been quite dramatic over the coastline during the year, which itself had resulted in a number of issues and commenced his presentation by referring to three main events that had taken place:

 

·               the opening of the Welsh Coastal Path that had received a tremendous amount of publicity including Visit Wales and Visit Britain

·               the National  Eisteddfod held in Llandow

and

·               an event held locally by a number of artists in recognition of the Olympics.

 

With regard to the Eisteddfod, Mr. Dunn highlighted that CCW representatives had showcased the area by leading and encouraging people to undertake walks around the locality.  During the Olympics a group of 160 Dutch walkers had also visited the coast which commenced with a walk from Llantwit Major along the coast to Ogmore by Sea. They later commented that this was their favourite of the four walks they organised in Britain. 

 

In referring to staffing issues he advised that one colleague had recently left the service, which had impacted upon the roles of the team.  With regard to visitors to the coast in order that their experience could be an enjoyable one a considerable amount of maintenance work had to be undertaken by the team and volunteers.  Litter picking took place on a regular basis and in one month over 800 tyres had been washed up on the beach, which highlighted the quantity and unexpected volume of litter that could be produced at any one time.  

 

With regard to biodiversity he stated that a number of species had declined from the previous year, but grassland plants had done quite well.  The involvement with Tir Gofal, and the move towards Glastir however had been good for the coast with a variety of habitats returning. Although the number of high brown fritillaries had reduced on the coast there was still good management of them and the Vale was noted as the best example of best practice in the UK.  64 school visits had been made, which included visits to the gardens The farm open day at Slade Farm had also encouraged hundreds of visitors and had been extremely successful.

 

In referring to water management Mr Dunn advised that discussions were currently ongoing regarding establishing ponds in the area to try to alleviate the flooding issues in the fields. 

 

Mr. Dunn then took the opportunity to thank Dunraven Estates for their assistance during the year and his Heritage Coast Centre team for their dedication and support.

 

Following the presentation it was suggested that at a future meeting the Group receives an overview of the works ongoing at the “stepping stones† together with an overview of the works undertaken to date at Cwm Colhuw. 

 

AGREED –

 

(1)       T H A T Mr. Dunn be thanked for his informative update, that the Group’s thanks be also extended to the staff for their hard work and to local land owners and stakeholders who worked with the Heritage Coast team.

 

(2)       T H A T Bridgend County Borough Council be approached regarding a presentation on the work being undertaken at the “stepping stonesâ€.

 

(f)         Progress Update From The Vale Of Glamorgan Council Development Services Directorate

 

The Operational Manager for Countryside and Economic Projects, Mr. Bob Guy, referred to the draft Interpretation strategy and branding project that was underway.  The Creative Rural Communities Heritage Panel had set aside £40,000 to implement the strategy. He also referred to the Sense of Place scheme which would be introduced to try to ensure that all businesses were using the characteristics of the Heritage Coast to the full and in a co-ordinated manner, encouraging visitors to the Coast to pass on the message and to return.  To this end over 100 businesses would be invited to an event at St. Donats to discuss ways to progress the scheme. 

 

With regard to the walled garden restoration project at the Centre, £70,000 had been set aside in principle, it was currently out for tender but the Authority would have to consider match funding with other key stakeholders. 

 

A walking promotion project was also currently being put together with key  stakeholders in order to try to rationalise and address a series of walks and leaflets and to develop a common source of information on the website.  Approximately £50,000 had been set aside for this project.

 

In referring to staff vacancies he stated that these had been kept vacant in order to undertake a review to consider the best use of resources.  The reception area at the Glamorgan Heritage Coast had also been earmarked for refurbishment in order to try to make the Centre more user friendly, and new posts would be more customer facing to promote tourism. 

 

Mr. Golunski referred to recent discussions he had held with Gwyn Teague in relation to community access and the possibility of erecting seven new kissing gates.  Mr. Teague had responded by advising that he was hopeful that sources of funding could be made available and was working on progressing the initiative. 

 

AGREED – T H A T Mr. Guy be thanked for his presentation with Members welcoming the number of projects that were reported as ongoing.

 

(g)       Matters Raised By The Countryside Council For Wales

 

The representative Mr. Sharpe advised that CCW had now amalgamated with the Environment Agency and the Forestry Commission under the title Natural Resources Wales and that the organisation was moving forward with a new logo and new brand.  He stated that partnership funding would continue as before as the new organisation would be honouring its previous commitments. 

 

(h)        Matters Raised By The Friends Of Glamorgan Heritage Coast

 

Mr. Acott requested an update on the link road to the Sea Watch Centre and  advised the Group that the AGM for the Friends, to be held shortly, would be giving consideration to its Chairman and Vice-Chairman being elected from the Group as opposed to the previous practice of being Elected Members of the Community Council. 

 

The Vice-Chairman in the Chair, stated that Llantwit Major Town Council were trying to make progress with regard to a footpath to the Centre with discussions to be held with another neighbour in relation to access.  He stated that the issue had not been forgotten and was certainly an item that the Council was progressing.

 

Mrs. March stated that the Sea Watch access was essential and requested that it be progressed as soon as possible.  She also stated that in her opinion little use of the train facility had been made at Llantwit and urged that more publicity and promotional work be undertaken in order to encourage visitors to the area. 

 

The representative from the Glamorgan Wildlife Trust apprised the Group of external funding from landfill tax that had been secured to undertake fencing projects at Coed-y-bwl and Cwm Colhuw and that the Trust was also planning a series of walks of interest e.g. moth and orchid walks which would be duly publicised. 

 

Having considered the report, it was

 

AGREED – T H A T the Members be thanked for their updates as above.

 

(i)         Date of Next Meeting

 

AGREED – T H A T a date in September be arranged for the next meeting.

 

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RESOLVED – T H A T the minutes of the meeting be noted and that the staff, land owners and stakeholders be thanked for their work and continued co-operation in this area.

 

Reason for decision

 

To acknowledge the good work of the group.

 

 

C1334            VALE OF GLAMORGAN LOCAL ACCESS FORUM -

 

The following minutes of the Vale of Glamorgan Local Access Forum meeting held on the 10 April, 2013 were submitted.

 

Present: Mr. F. Coleman (Chairman); Mr. H.S. McMillan, Mr. M. Parry, Mr. R. Pittard, Mr. R. Simpson, Mr. G. Thomas, Mr. R.L. Traherne and Councillor E. Williams.

 

Also present:  Mr. J. Wyatt, Ms. T. Cottnam, Mr. B. Guy, Ms. J.L. Pugh and Mrs. S. Thomas (VOGC).

 

 

(a)       Apologies for Absence – 

 

These were received from Mr. M. Dunn, Mrs. V.M. Hartrey, Mr. J. J. Herbert, Mr. S. Lait, Ms. K. Lucas Ms. E. Nash and Mr. C. Short.

 

(b)       Minutes

 

AGREED – T H A T the minutes of the meeting held on 12th December 2012 be accepted as a correct record subject to the correction of the typographical errors referred to on pages 1 and 2.  Members were informed that Mike Dunn had subsequently reminded the Chairman of his comments at that meeting in relation to item (f) – Wales Coast Path Update – regarding the potential for the Forum to be involved in identifying links and loops to the path.  Members were notified that this would occur as a matter of course.

 

(c)        Promoting Walking in the Rural Vale

 

Helen Blackmore, Senior Rural Regeneration Officer, explained that Creative Rural Communities (the Council-led rural regeneration partnership) had been requested to raise the profile of walking in the rural Vale and work with all relevant groups to develop proposals to that end.  The Steering Group subsequently established comprised representatives from the Ramblers and Valeways and the Vale’s independent tourism association which was known as the Vale Marketing Group amongst others.

 

The Steering Group had identified a number of issues and priorities for change as shown in the papers despatched in advance of the meeting.  The first stage of the project involved a thorough review of the existing walking offer and was now largely completed.  Focus groups were being developed to trial various elements and the next steps would involve their testing of the proposed key walking routes as selected, designing and developing a range of printed and digital resources to promote the walking offer and working with accommodation providers. 

 

Details as to how the project budget of £50k. was planned to be expended over the 12 month timescale for delivering the programme were shown at the end of the report despatched with the agenda.

 

Subsequent matters raised included the proposal that the marketing and means of communicating what the Vale had to offer should be through a new central resource in order that prospective visitors, as well as local residents, would be able to find the information required more easily than at present (given the various bodies involved and their individual websites).  She suggested that the Council’s own website could be used for that purpose with links to both local and national bodies.  Suggestions were also made that the Vale could be promoted by holding walking festivals, through the range of magazines specifically published for walkers and attracting television companies to produce walking programmes.  Discussion ensued on the type of walks that would be promoted through this initiative, Bob Guy indicating that the European funding for the same precluded routes being promoted outside the boundaries of the Vale (although users of the routes selected would be sign posted to linkages) and that it was partly, and importantly, for “economic development†purposes with the aim of promoting local businesses.  The Steering Group was looking at selecting a variety of routes to suit a variety of needs which would include having regard, for example, to the availability of public transport and would largely build upon the routes already developed by Valeways, etc.  Whilst the development / improvement of multi use paths also formed part of this initiative, Bob Guy indicated that there were other projects under the umbrella of Creative Rural Communities with more of a focus on cycling, horse riding and tourist related activities.

 

Following further discussion on the above and related matters, the Chairman thanked Ms. Blackmore for her most informative report and suggested that an update report be submitted to the Forum on completion of the project.

 

(d)       Public Path Orders – Update and Evidential Modification Order Tracking –

 

Members noted the details submitted in respect of the above.

 

(e)       Results of 2012/13 Footpath Survey

 

The results showed that the overall percentage for “paths that were signposted from the road†and “paths that were easy to use†had increased from that achieved in 2011/12.  The report also showed a breakdown of survey results over the last 5 years.  The outcome of the survey was being used to inform the maintenance programme.  Members noted that the new survey was already underway and that surveyors had already noted issues in relation to waymarking.  In response to a suggestion from the Chairman that surveyors meet to compare their findings, Sandra Thomas undertook to facilitate the same.

 

(f)         Maintenance Update

 

The statistics presented showed the number of issues logged since 12th December 2012, those issues resolved or part resolved and those which remained unresolved.  In response to a query, Bob Guy agreed to provide details as to the period covered in relation to the statistics on resolved and unresolved issues and to produce bar charts illustrating trends over the years for consideration at the next meeting.  Discussion then turned to the maintenance budget which, Bob Guy indicated, was relatively protected.  Members recognised the need, however, to prioritise expenditure on certain paths and Gwyn Teague would be requested to submit a report to the next meeting proposing revisions to the maintenance priorities.

 

(g)       ROWIP Update

 

The report before Members stated that the ROWIP funding programme for 2012/13 had been completed and informed them of some of the projects which had been undertaken.

 

Members were then notified of the reduced budget for ROWIP for 2013/14 and asked to submit any suggestions for the expenditure of the same either to the Chairman or to Bob Guy within the next month.  Officers would then analyse any proposals and bring a report on the matter to the next meeting.  A suggestion was made that it might be productive to look at ROWIP proposals in conjunction with the Coast Path.

 

(h)        Wales Coast Path: 2012-13 and Future Management

 

Trisha Cottnam took Members through the report, which outlined the headline work undertaken in the final quarter of 2012/13, focussing on the future CAIP Programme.  She indicated that Natural Resources Wales and the Welsh Government proposed that £1.5m. be ringfenced for the Coastal Path across the numerous Councils involved and referred to the funding priorities as set out in the report.  The deadline for the submission of proposals had been 31st March, 2013 and those submitted in outline by the Council were listed in the report.  Further brief details given in relation thereto included proposals for Barry Island, Barry Dock and Ogmore.  She confirmed that she was unaware at this juncture as to the allocation that would be awarded to the Council but indicated that CCW had been notified of the Council’s own priorities and quoted the Gileston scheme as being particularly desirable.

 

During the course of subsequent discussion, reference was made to the breach in the pebble bank at Porthkerry Country Park, to the fact that it was an undefended sea defence and that flooding would occur on the lower levels which could ultimately result in the current route of the coast path becoming untenable.  Bob Guy confirmed that part of the park to be historically a natural water meadow, commenting that the area currently drained more quickly than previously due to the new drainage system installed using the coastal access grant.  He stated that currently the situation was manageable and the path serviceable but that he would continue to monitor flooding incidents and address the matter when required.  Ms. Cottnam suggested that the position be monitored and that, if necessary, a bid for funding be made in a future financial year to address whatever issues might arise.  Reference was also made to ongoing issues in the Sully area which Gwyn Teague was currently looking into.  In conclusion, Rhodri Traherne referred to Welsh Guards walking the Coast Path from August to November 2013 and to their presence in the Vale in the first week of November.

 

Earlier in the presentation of her report, Ms. Cottnam had stated that she would be leaving her position with this Council in June, 2013.  On behalf of all Members of the Forum, the Chairman thanked her for her enthusiasm and contribution.

 

(i)         Update on Issues Raised at the LAF Chairs Meeting on 20th February, 2013

 

Rowland Pittard indicated that he had nothing to add to the report on the LAF Chairs meeting and that, indeed, things had moved on since that time.  He referred to the meeting of the NAFW which had taken place on 12th March where matters discussed included an update on progress on the Wales Coast Path development programme and funding streams, the Environment Bill and rights of way proposals, a report on the Open Access Map Review, and implications arising from the Active Travel Bill.

 

(j)         Glastir Maps

 

A paper from Max Grant (Ramblers Cymru) had been circulated with the agenda for the meeting in relation to Glastir Permissive Access in which LAFs

were requested to review their maps showing useful permissive access and send to Glastir officers by June.  The Chairman referred to the onus put upon LAFs in this respect and stated that, in order to be able to do so, the LAF first needed to know which farms had applied for Entry level.  The Chairman also enquired as to whether there any obvious areas in the Vale were permissive paths useful.  Following a brief discussion as to a constructive way forward, Bob Guy agreed to look into which farms in the Vale had applied for Entry level.  Members accepted that any resultant information would be used to feed into the process in 2014.

 

(j)         Draft Code of Conduct for Public Access Routes with Several Different User Groups – 

 

Members agreed to note the draft code of conduct which had been drawn up by Denis Murphy, a member of the LAF of the Brecon Beacons National Park Authority.

 

(k)        Review of Local Access Fora

 

Members agreed that, in the absence of more specific information from Natural Resources Wales, consideration of the above matter should be deferred to the next meeting.  Jeff Wyatt undertook to provide Members with copies of the LAF Guidance documents which had been produced in 2002.

 

 

 

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RESOLVED – T H A T the minutes of the meeting be noted.

 

Reason for decision

 

To have regard to the views expressed.

 

C1335            THE FUTURE OF ST PAUL’S CHURCH (MD) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Cabinet were advised of the results of the community consultation on the future of St Paul’s Church in Penarth which was attached as Appendix A to the report.

 

St. Paul's Church in Penarth had been vacant since early 2011, when the condition of the building was deemed to be dangerous for use by the Council's Building Control Unit. It was resolved in February 2012 that £250k funding be included in the capital programme to allow occupation of the premises and to upgrade the building for the benefit of the Penarth Gymnastics Club and Penarth Amateur Boxing Club subject to this sum being reclaimed from Crest Nicholson under the terms of the Penarth Heights S106 agreement (Cabinet Minute No. C1231 refers).

 

The section 106 agreement for the Penarth Heights development made provision for the sum of £800,000 to be paid to the Council prior to occupation of the 200th dwelling, for community facilities. The Council could have its discretion to use this money as it saw fit within the definition and there was no obligation to seek prior approval from the Developer. However, the agreement did make provision for the Developer to be reimbursed any sum that had not been “properly expended […] for the purposes specified in this Deed†(clause 3 of the fourth schedule refers).

 

In September 2012 a further report on St. Paul's Church raised a concern that there had been no opportunity for the local community to have their say on the future of the site and on the use of funds to provide a permanent home for the two sports clubs.

 

A community consultation was undertaken in the St Augustine ward of Penarth between 14 January, 2013 and 01 March, 2013 to offer local residents this opportunity.

 

There were a total of 669 responses to the consultation. 62% of respondents wished to see the building become a permanent home for the two sports clubs. However, a sizable minority, 38%, wished to see the Council try to develop a mixed use community facility.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the results of the community consultation undertaken in the St Augustine ward of Penarth on possible options for the future of St Paul's Church at this time be noted.

 

(2)       T H A T it be noted that discussions were being held with Crest Nicholson to determine whether £250k of Section 106 agreement monies, if made available to upgrade St Paul's Church to accommodate the two sports clubs, would comply with the terms of the S106 agreement.

 

(3)       T H A T a further report on the outcome of these discussions and a legal opinion be presented to a future cabinet meeting in order for Cabinet to take an informed decision. 

 

Reasons for decisions

 

(1)       To be aware of the views of local residents captured during the community consultation so that these are taken into account when the future of the building is considered.

 

(2)       To be aware that discussions are now underway to ascertain whether Crest Nicholson consider the expenditure of £250k on the refurbishment of St Paul's Church for the use of the two sports clubs complies with the Penarth Heights S106 agreement.

 

(3)       To allow an informed decision to be made.

 

 

C1336            CABINET FORWARD WORK PROGRAMME MAY TO JULY 2013 (L) (SCRUTINY COMMITTEES - ALL) –

 

Approval was sought to agree the Work Programme of the Cabinet / Council for the period May to July 2013.

 

In accordance with the provisions of the Local Government Act 2000 and the Council’s Constitution, the Cabinet Forward Work Programme attached as Appendix A to the report set out matters which the Executive and Full Council were likely to consider during May to July 2013.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the Cabinet Forward Work Programme for the period May to July 2013 be agreed.

 

Reason for decision

 

To comply with the requirements of the Local Government Act 2000, subordinate legislation and the Council's Constitution.

 

 

C1337            LOCAL GOVERNMENT BOUNDARY COMMISSION FOR WALES: ELECTORAL REVIEWS: COUNCIL SIZE POLICY CONSULTATION PAPER (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) -

 

Members were apprised of the Local Government Boundary Commission for Wales: Electoral Reviews: Council Size Policy Consultation Paper.

 

The Local Government Boundary Commission for Wales was required to carry out periodic reviews of the electoral arrangements of principal areas in Wales.

 

The Commission published its ‘Electoral Reviews: Policy and Practice’ paper on 12March, 2012.  That paper did not include the Commission’s approach to council size.  Accordingly, in May 2012, the Commission produced a consultation paper setting out a preliminary view of how council size might be determined as a precursor to an electoral review.

 

At the end of the initial consultation period, the Commission had received responses from the majority of principal councils (including the Vale of Glamorgan Council), the Welsh Local Government Association (WLGA), political parties and individuals, including former councillors. The general response was in favour of an approach based on the identification of the number of councillors that would be appropriate to ensure the provision of effective and convenient local government for authorities. The specific methodology proposed by the paper was, however, not generally supported.

 

The 2012 consultation paper was considered by the Scrutiny Committee (Corporate Resources) on 16 July, 2012 and, subsequently, Cabinet.  A response was submitted by the Leader to the Boundary Commission. The Commission proposed that Authorities should be grouped into the following four categories:

 

Rural – authorities with a predominantly rural composition

Urban – the most heavily populated areas

Valley – populated areas confined by unique physical environment

Other – authorities which contained a mixture of rural and urban characteristics.

 

It was noted at the time that the Vale of Glamorgan had been allotted the category of “Other†and that the proposed number of Councillors showed an increase of four over the present membership (albeit this figure, i.e. 51, was, in turn subject to a potential further difference of plus or minus three).   

 

Meetings took place between the Commission and the WLGA and Local Government Data Unit – Wales and, following detailed analysis work by the Data Unit, the Commission was able to consider alternative methodologies that utilised data that was both current and readily available.  Methodologies were considered which variously took account of electorate numbers, population size and measures of population density and urbanisation and a preferred methodology arrived at broadly based on the method currently in place in Scotland.

 

A further consultation paper had been issued (attached at Appendix A to the report) setting out the Commission’s further views and approach to how it believed council size should be determined, based on its experience, expertise and knowledge of local government. The Commission welcomed views from all interested parties, local authorities and individuals on the proposed approach. All views would be taken into account before the Commission came to its final determination on how council size should be considered as part of an electoral review.

 

Under the methodology used, the number of Members on the Council would increase from 47 to 51.  At that stage, it was not known how, and in which Wards, the increase would be affected.  This would be undertaken by means of an individual Electoral Review within the Vale of Glamorgan. A breakdown, on a Ward basis, of the number of Members, the total electorate and electorate per Member (as at May 2013) and the total population and population per Member (as at the 2011 Census) was presented to Members for information at Appendix B to the report.

 

Comments on any aspect of this paper could be submitted.  However, the Commission had indicated it would be particularly useful if the specific questions detailed were addressed. Under the circumstances, Political groups and / or individual Members were requested to send their views to the LGBCW by 19 June, 2013.  All comments should be emailed to lgbc.wales@wales.gsi.gov.uk or by post to the Commission’s new address at:

 

Chief Executive

Local Government Boundary Commission for Wales

Hastings House

Fitzalan Court

Cardiff

CF24 0BL

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the ‘Local Government Boundary Commission for Wales: Electoral Reviews: Council Size Policy Consultation Paper’ attached at Appendix A to the report be circulated to all Members of the Council in order to enable Political Groups and / or individual Members to submit any comments to the Boundary Commission by the deadline for such of 19 June, 2013.

 

Reason for decision

 

To facilitate any responses considered appropriate.

 

 

C1338            PROPOSED DISPOSAL OF LAND AT HENSOL TO CARDIFF CITY FOOTBALL CLUB (L) (SCRUTINY COMMITTEE – CORPORATE RESOURCES) –

 

Approval was sought to enter into an agreement for lease and thereafter a 150 year lease with Cardiff City Football Club of approximately 37 acres of land at Tynyplancau, Hensol, to enable them to develop the land as training pitches, Professional Squad and Academy buildings for Cardiff City Football Club.

 

The Cabinet were informed that Cardiff City Football Club had secured promotion to the FA Premier League next season. The Club had approached the Council in respect of their search for a suitable site to develop a new training ground, Pro (Professional) Squad and Academy buildings. 

 

Following a short listing of sites and confirmation of their promotion to the Premier League, the Club had concluded that their preference was to locate their training facilities at the Council owned site at Tynyplancau, Hensol.  The land that they were interested in purchasing (by virtue of a long lease) was hatched black on the plan attached as Appendix A to the report and measured circa 37 acres.

 

The land in question was owned by the Council and had in the past been let on an ad hoc basis for cutting purposes albeit there were no Licences or Tenancies relating to this land currently in place. 

 

Cardiff City Football Club had expressed a desire to expand their current training facilities following the promotion of the Club to the Premier League.  The training facilities would need to be designed and constructed to the required Football Association Premier League Standards. 

 

The Club would be looking to construct a number of training pitches for both the Pro and Academy squads and provide accommodation for ancillary uses including sports rehabilitation, sports medicine, recovery and physiotherapy.

In this regard, there were obvious synergies with the facilities on offer at the neighbouring Vale resort, which had a range of leisure, fitness and sport related facilities on offer.

 

The leasehold disposal of the site would be conditional on the Football Club securing the necessary Planning Consent for the training facilities they were looking to develop and therefore an agreement for lease conditional upon the obtaining of Planning Consent would need to be entered into which would provide for a contractual relationship with the Club to be created whilst the Planning application process was ongoing. Should planning consent for the training facilities not be forthcoming, then the Football Club would not be obliged to enter into the actual lease and the agreement for lease would fall away.

 

The Football Club had asked that the Council dispose of its land to the Club on a long leasehold basis (150 years).

 

The Football Club would be required to make a contribution of £2,500 towards the Councils costs in relation to the transaction. The Council would receive a full Capital receipt by way of a Premium for the leasehold sale of the land certified by an external Chartered Valuation Surveyor and a nominal rental per annum. Legal and Estates Officers time would be involved in agreeing terms for both the Agreement For Lease and the Lease and completing the same.

 

The facilitation of this proposed new training ground in the Vale of Glamorgan would be a boost to the local economy with the Pro/Academy squads and travelling teams utilising other local facilities in the area. It was also likely that local jobs would be created during the construction phase and thereafter to assist with the running of the facility.  

 

In accordance with S123 of the Local Government Act 1972, the Council was obliged to secure best consideration for all property disposals. 

 

Comments from Councillor Traherne were tabled and considered at the meeting. The Leader referred to the comments from the Community Council and local people expressed within the tabled document and stated that a lot of these issues would be subject to planning consent.

 

The Cabinet Member for Leisure, Parks, Culture and Sports Development stated that he fully supported the proposals and that now Cardiff City Football Club were in the Premier League they would need to upgrade the standard of their facilities to meet this level. In relation to the concerns raised within the tabled item, the Cabinet Member stressed that, as he understood it, the site would be a secure and private facility and no public matches would be held there. The fact that Cardiff City Football Club and Swansea City Football Club were in the Premier League would bring huge benefits to the Vale of Glamorgan, especially in relation to tourism.

 

The Cabinet Member for Regeneration, Innovation, Planning and Transportation also highlighted that there would be more benefits to the Vale of Glamorgan, especially with more people coming into Cardiff and also through the airport. The Cabinet Member stated that the Vale of Glamorgan needed a clear brand and a Vale of Glamorgan Training Site for Cardiff City Football Club would help with this and to put the Vale ‘on the map’.

 

The Leader further commented that the lease would be available for 150 years and note of the concerns raised within the tabled item would be made when formulating the lease.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Managing Director be granted delegated authority in consultation with the Leader and the Head of Legal Services to enter into an Agreement for Lease with Cardiff City Football Club for the land at Tynyplancau Hensol, hatched black on the plan attached as Appendix A to the report.

 

(2)       T H A T the Managing Director be granted delegated authority in consultation with the Leader and the Head of Legal Services to enter into a 150 year lease with Cardiff City Football Club for the land at Tynyplancau, Hensol providing the Club obtained planning consent for their proposed use.

 

(3)       T H A T the Head of Legal Services be authorised to draft, agree and execute the agreement for lease and lease.

 

(4)       T H A T the concerns expressed by the Local Member in the tabled item be noted and that these concerns will be dealt with if and when a planning application is submitted.

 

Reasons for decisions

 

(1)       In order to provide a contractual relationship between the Council and the Football Club prior to the Club moving forward with their planning application for their proposed use.

 

(2)       In order to allow the lease to be entered into.

 

(3)       In order to enable the agreement for lease and lease to be completed.

 

(4)       Having regard to the views expressed.

 

 

C1339            COMMUNITY INFRASTRUCTURE LEVY REGULATIONS 2010 – CONSULTATION ON PROPOSED AMENDMENTS (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) -

 

Approval was sought for the consultation response attached at Appendix A to the report and Members were informed of the proposed amendments to the Community Infrastructure Levy Regulations 2010.

 

Currently, the Council entered into legal agreements with developers under Section 106 of the Town and Country Planning Act 1990 to seek contributions from developers to provide facilities such as transport, open space, and education to serve new developments.  On the 6 April, 2010 the Community Infrastructure Levy Regulations 2010 came into force, which changed the way in which planning obligations could be sought through Section 106 Agreements, meaning these would now in part be replaced with the Community Infrastructure Levy (CIL). CIL was a new charging system that could be applied to most forms of development to fund infrastructure improvements that supported the development of the authority area in accordance with the Local Development Plan (LDP).

 

On 21 February, 2011 Cabinet resolved (Cabinet Minute No. C1230 refers) to commence work on preparing a Community Infrastructure Levy for the Vale of Glamorgan. This work was being undertaken in tandem with the preparation of the Local Development Plan (LDP).

 

The current Department for Communities and Local Government (DCLG) consultation sought views on further regulatory reforms to the Community Infrastructure Levy. Comments on the proposals were required by 28 May, 2013. The consultation covered a range of amendments to the regulations related particularly to rate setting and the operation of the levy in practice.

 

These included:

-           Requiring a charging authority to demonstrate that it has struck an appropriate balance between the desirability of funding infrastructure from the levy and the potential effects of the levy on economic viability of development across its area (see question 1);

-           Amending the provisions on setting differential rates (see question 2);

-           Extending the consultation period on the draft charging schedule (see question 3);

-           The role of the list of infrastructure and procedures for reviewing it (see questions 4 and 5);

-           Extending the transition period for further limitations on the use of pooled planning obligations from April 2014 to April 2015 to allow charging authorities more time to take into account the reforms we have already introduced and those proposed in this consultation (see question 6);

-           Amending the relationship between the levy and section 278 agreements (see question 7);

-           Allowing charging authorities the choice to accept payments in kind through provision of both land and infrastructure either on-site or off-site for the whole or part of the levy payable on a development (see questions 8 to 10);

-           Extending the provisions for phasing of levy payments to all types of planning permission to deal fairly with more complex developments (see questions 11 to 14);

-           Allowing existing floorspace to be credited against the levy liability provided the use has not been abandoned (see question 15);

-           Ensuring multiple liability provisions work effectively so that new applications that bring forward changes but do not increase floorspace on permitted, but not completed, schemes will not trigger an additional liability (see question 16);

-           Giving charging authorities the discretion to apply social housing relief to discounted market sales in their areas and ensuring that ancillary and communal areas are reflected (see questions 17 to 19);

-           Making it easier to apply exceptional circumstances relief provisions (see question 20);

-           Introducing relief from the levy for self-build homes (see questions 21 and 22);

-           Modifying the appeals procedures and allowing appeals in certain cases after development has commenced (see questions 23 and 24);

-           Introducing transitional measures so that changes related to the charge setting process should not apply to authorities who have already published a draft charging schedule (question 25).

 

The Council was still in the early stages of preparing a Community Infrastructure Levy for the Vale of Glamorgan and many of the changes did not have significant or immediate implications for the Council, but would need to be complied with in the future adoption and implementation of CIL if they were carried forward into final amended regulations.

 

Therefore, for the Council, the key amendment proposed was to extend the transition period for further limitations on the use of pooled planning obligations from April 2014 to April 2015 to allow charging authorities more time to take into account the shift from section 106 agreements towards CIL for larger infrastructure projects.

 

This amendment was welcomed as there was no prospect of the Council adopting CIL before April 2014 as it was reliant on the prior adoption of the Local Development Plan for the area. However, the consultation response at Appendix A to the report called for a further delay to take account of situations such as ours where an approved Development Plan was not in place for the area (see response to Question 6 at Appendix A).

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the consultation response attached at Appendix A to the report be approved.

 

(2)       T H A T the report be referred to Planning Committee for information.

 

Reasons for decisions

 

(1)       To apprise DCLG of the Council's views on the proposed amendments.

 

(2)       To inform Planning Committee of the matters raised in the report.

     

 

C1340            VALE OF GLAMORGAN TOWN CENTRE FRAMEWORK (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) -

           

Members were apprised of the progress made in preparing a Town Centre Framework for the Vale of Glamorgan and the next steps in publicising the document.

 

In November 2011 Consultants Nathaniel Lichfield and Partners were commissioned to produce a framework to guide the future of the five principal town centre areas in the Vale of Glamorgan.  Since that time work had progressed, culminating in a final document being received during the last week in April of this year.

 

The Town Centre Framework was intended to guide the future of the following five town centres in the Vale of Glamorgan:

 

  • Holton Road, Barry
  • High Street and Broad Street, Barry
  • Cowbridge
  • Llantwit Major
  • Penarth

 

In producing the Framework, detailed site visits were undertaken to all town centre areas and a SWOT analysis was undertaken for each centre.  In addition consultation events were undertaken for each centre and a range of discussions were held between the consultant team and officers and Members of the Council.

 

The document set a vision for each centre and identified strategic objectives with a range of actions that contributed to the objections.  The vision for each of the town centres were:

 

  • Holton Road

'Managing change for a viable 21st Century Centre'.

 

  • High Street and Broad Street

'Barry's independent cluster and night time destination'.

 

  • Cowbridge

'Destination Cowbridge'

 

  • Llantwit Major

'Historical Gateway to Glamorgan Heritage Coast'.

 

  • Penarth

'The Vale's artistic and cultural hub'.

 

In addition, a number of cross cutting themes were identified as being relevant to all Centres, and these related to:-

 

  • Creating and Marketing an image;
  • Improving and maintaining the street scene and public realm;
  • Improving Centre accessibility and legibility;
  • Making Cardiff's proximity an opportunity.

 

It was proposed that a further stakeholder engagement event be held to share the findings of the consultants as expressed through the framework document.  This would allow those who have participated in the production of the document the opportunity to discuss and consider the final document.  It would also allow those with an interest in our town centres to consider the findings.

 

The framework document would also prove useful in considering future actions in respect of our town centres, both in terms of setting policy and implementation and project management.  It would also prove very useful as supporting evidence for taking forward future bids for funding key projects, regeneration activity and for working in partnership with agencies and organisations.  Further to the engagement with partners, the outcome of that engagement could sit alongside the document and consideration would also be given as to whether changes would be required to enable the framework to provide a foundation for setting of future policy.

 

A copy of the Town Centre Framework had been made available in the Members Room and available to view online.

 

The Cabinet Member for Regeneration, Innovation, Planning and Transportation mentioned that the Town Centre Framework was the consultant’s report and not a Council policy. Therefore, the Framework needed to be reflected back to stakeholders.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the production of the Town Centre Framework be noted.

 

(2)       T H A T the Cabinet Member for Regeneration, Innovation, Planning and Transportation in consultation with the Director of Development Services, be authorised to make arrangements for a stakeholder engagement event to consider and discuss the content of the framework document.

 

(3)       T H A T the report be referred to Scrutiny Committee (Economy and Environment) for information purposes at this time.

 

(4)       T H A T the Scrutiny Committee (Economy and Environment) be invited to the stakeholder engagement event and also receive a report on the feedback from the event in advance of that matter being reported back to Cabinet.

 

Reasons for decisions

 

(1)       For information.

 

(2)       To allow the Town Centre Framework to be disseminated and considered by stakeholders.

 

(3&4)  To inform the Scrutiny Committee (Economy and Environment) of the content of the Town Centre Framework.

 

C1341            WASTE MANAGEMENT AND CLEANSING – RECYCLING, ORGANIC WASTE AND HOUSEHOLD WASTE RECYCLING CENTRE CONTRACTS (EVS) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) -

                  

Approval was sought for a further extension of the current recycling reprocessing contract and a change in the operation of the recycling bring site service.

 

Over the past 12 months Officers had been working on a number of major procurement projects for the Council's future waste management operations and treatment facilities. These included:

 

(i)   Future residual treatment - Project Gwyrdd

(ii)  Biodegradable municipal waste treatment - Kitchen and Green Wastes

(iii) Future organic waste treatment   - Cardiff Partnership

(iv) Processing of recyclable municipal waste - Caerphilly Partnership

(v)  Management and operation of Household Waste Recycling Centres.

 

These projects had been successfully completed in respect of ‘Kitchen and Food treatment’, ‘Processing of Recyclable Municipal Waste’ and the ‘management and operation of the Council's HWRC's’. However, due to a range of legal and contractual issues that included ‘Transfer of Undertakings (Protection of Employment) Regulations’ (TUPE) implications, it had not been possible to present the majority of these procurement issues to Cabinet until now.

 

Cabinet were advised that to allow a continued service for the recycling of the Council’s municipal waste and the operation of its HWRC's from 1 April, 2013 to the 3 June, 2013 it was necessary for officers to seek Emergency Powers to waive Contract Standing Orders (Cabinet Minute C11305 (e) and (f)).

 

Council on 6 March, 2013 (Council Minute No. 950)  agreed preferred bidder status for Viridor Waste Management Ltd and a number of other resolutions to formally progress Project Gwyrdd (Minute 949 refers).

 

This report therefore considered the outstanding contractual matters shown numbered (ii) - (v) in the background section of the report.

 

Biodegradable Municipal Waste Treatment - Kitchen and Green Wastes

Cowbridge Compost Ltd; the incumbent contractor providing this service for the Council, submitted the lowest rates of all three bidders with their bid including a reduction of their previously contracted rate per tonne for treating the 'food' waste element, of £5 per tonne. This had resulted in the Council making a unit cost saving over the previous contract.

 

Cowbridge Compost had to date provided the Council with an excellent sustainable service with advantageous gates fees and the close proximity of its site to our collection points. Regrettably their treatment method of ‘In Vessel composting’ did not match the Welsh Government's preferred Anaerobic Digestion (AD) treatment technology. Officers were therefore in the process of procuring an alternative AD treatment arrangement, in partnership with Cardiff City Council, to treat the Council’s organic waste at the end of the current contract in 2015.  (2016 if extended).

 

It was proposed that Cabinet retrospectively accept the tender submitted by Cowbridge Compost Ltd, to enable compliance with standing orders and financial regulations, and the financial information in respect to this is contained within a further report which was dealt with later in the meeting. Due to commercial sensitivity it was necessary for this matter to be considered under Part II.     

  

Future Organic Waste Treatment - Cardiff Partnership

This procurement had now reached the end of the ‘Invitation for bidders to submit detailed solutions (ISDS) March 2013’ stage and would now continue to the next stage selection of Final Bidders. The Council's financial contribution to the overall procurement costs that would be met by Cardiff was based on the percentage of our contracted tonnage and estimated to be one sixth of the £1.8m (£300k) that Cardiff had budgeted, for carrying out this procurement. However, WG had formally confirmed that they would provide the Council with procurement support of up to £144k (based on the forecast proportional tonnage increase) to off-set an element of the Vale of Glamorgan's contribution to these procurement costs. (Min no C1844 refers)

 

The proposed future milestones for completion of this procurement are provided in the table below. Cabinet would receive further reports as needed to progress this procurement to financial close.

 

Announcement of ISFT Select List

 7th August 2013

 

ISFT Dialogue (Rounds 1-5)

W/C 2nd Sept  2013  – W/C 25th Nov 2013

Final summary of technical solutions, commercial and affordability positions reported prior to close of dialogue.

29th Nov 13

WG Commercial Review complete (after 2nd Health-check)

W/C 16th December 2013 TBC

ISFT Dialogue formally closes and Final Tenders Issued

20th December 2013

Receive Final Tender Submissions

15th January 2014

 

Evaluation of Final Tenders

12th March 2014

8 weeks allocated

FBC for pre-preferred bidder completed.

15th March 14

Winning Tender approved by Full Councils (Cardiff and VoG)

18th April 2014

Preferred Bidder Announced

30th April 2014

Alcatel Standstill Period

30th April – 8th May 2014 (10 days)

Fine Tuning (PB stage)

30th April to 31st July 2014 (3 Months)

Contract Award

Commercial/Financial Close (simultaneous)

31st July 2014

Planning Determination

(16 weeks)

22nd December 2014

Construction Phase.

20th March – 31st March 2016

Commissioning Phase (3 months)

31st March 2016 – 30th June 2016

Service Commencement

30th June 2016

 

Processing of Recyclable Municipal Waste - Caerphilly Partnership

In January 2012, Caerphilly County Borough Council (CBC) placed an OJEU Notice with Buy4Wales for the procurement of a suitably qualified and experienced Contractor to provide a ‘Material Recovery Facility’ for municipal dry recycling materials from the following authorities:

 

·               Caerphilly County Borough Council (Lead Authority),

·               Blaenau Gwent County Borough Council,

·               Merthyr Tydfil County Borough Council,

·               Monmouthshire County Council and;

·               The Vale of Glamorgan Council.

 

Ultimately the tender process was completed in 2013 with only the Vale of Glamorgan Council and Caerphilly still participating within the procurement process

 

The winning bid for this contract was submitted by SITA UK Ltd whose bid was made up of a basic unit price per tonne plus a haulage charge to their recycling plant. It also included a rebate for the market value of the Council's recycling. Although this was an increased unit rate over that of the previous contract with Biffa it did represent best value compared to the other bid received and was more of a true reflection of the present recycling market. Additionally the location of the local transfer station (adjoining the Alps Depot), compared to our previous site in Cardiff, would offer savings on haulage, which would offset an element of the increased gate fee. The Council also incurred no costs other than staff time for carrying out this procurement process, though there was a requirement to pay Caerphilly CBC a 50p per tonne levy on each tonne of recycling which equates to approximately £24k over the duration of the contract period (assuming a 4 year contract period). Although all royalties payable would be made directly to Caerphilly CBC by the contractor on a monthly basis, under the MoU and contract the Council would also receive a Community Benefit payment from SITA of 60p per tonne (equates to an income of £29k over a 4 year contract term).

     

Caerphilly CBC, had now accepted the SITA offer and had entered into a formal contract with them for the reprocessing of their dry recycling.

 

The Vale of Glamorgan Council would be required to enter into a Memorandum of Understanding (MoU) with Caerphilly CBC which would govern the relationship between the two partnering Council's during the contract period, setting out the roles and responsibilities of the respective Councils, including:

 

·               contract payments;

·               monitoring of contract performance;

·               enforcement of the contract terms and conditions

·               supply of performance and waste composition and recycled data

·               Referring Supplier performance issues to Lead Contracting Authority

 

Under the provisions of the MoU Caerphilly CBC would manage overall contractual matters, including any disputes that might arise during the term of the contract. The Vale of Glamorgan Council would be responsible for the waste transfer arrangements at SITA’s transfer station in Wenvoe, though the Council wpi;d be invoiced for the full costs of the service.

 

It was proposed that Cabinet gave delegated authority to certain officers to agree and sign the MoU, though as it would be necessary to provide Cabinet with commercially sensitive financial information in order to make this decision, the matter was dealt with via a further report which was considered later on the agenda under Part II. 

 

Management and Operation of HWRC's

This 'in-house' procurement carried out in March 2013 resulted in 4 bidders submitting bids with the preferred bid being received by the Council's incumbent contractor Biffa Municipal Ltd.

 

In addition to it being the most financially advantageous, the Biffa bid provided additional recycling materials and capacity over that offered in their previous contract with added performance conditions requiring them to take positive action to increase the recycling rates of the HWRC, which unfortunately at present were some of the lowest in Wales.

 

It was proposed that Cabinet award the contracts for the operation of the Council’s HWRC’s to Biffa Municipal Waste Ltd, though as it dealt with commercially sensitive financial information in order to make this decision, the matter was dealt with via a further report under Part II of this agenda. 

 

Collection of 'bring bank' recycling for reprocessing.

This service had been delivered under agreement with Biffa Municipal Waste Ltd. though no formal contract was then in place. The Leader mentioned that there was a mistake in paragraph 24 of the report and therefore the second sentence should be disregarded and instead read ‘The service was operated under contract until 2008 and subsequently for 2008/9 under emergency powers’.  It was further mentioned that during 2009/10, 2010/11 and 2011/12 the service was provided without any formal contract agreement.

 

Following the introduction of co-mingled kerbside collections, with its wider range of recyclable materials, the need for such an extensive number of bring banks had reduced.  It was now proposed that this service be brought 'in house' to introduce efficiencies of approximately £100k per annum (the sites would be serviced by our existing recycling collection vehicles) and to enable changes to be made to the numbers of sites.

 

TUPE was likely to apply in this case as one member of staff worked for Biffa Municipal Waste Ltd servicing the bring banks.  There may have also been a cost for the provision of the wheeled bins currently necessary for this service.  Whilst the Council had a significant stock of these wheeled bins, there may have been a small shortfall in provision to cover all sites.  Notwithstanding this, all costs would be met from within existing budgets. 

 

The Director of Visible Services and Housing had targeted £100k in savings from rationalising this service in 2015/16. However it may be possible to bring this saving forward if members agreed to a large scale reduction in the number of bring sites. This matter would be the subject of a future report to Cabinet.

 

The existing, but elapsed, contract conditions and payment mechanism for the two extended contracts would still apply during the period of the contract extension. There were no financial implications in addition to the contract cost that would have been incurred previously, save for an inflation increase, which would have been incurred should the contracts have still been in force post 1 April 2013.

 

Whilst the procurement costs in respect to the Caerphilly CBC procurement had been limited to officer time there would be a one sixth contribution to Cardiff in respect to the Organics Contract in the sum of £300k, which would be offset partly by WG grant up to the value of £144k. All other 'in-house' procurements contained within this report had been carried out within the Council's Waste Management and Cleansing Division's Revenue Budgets.

Costs would be incurred with the TUPE and wheeled bin purchasing arrangements for the former recycling bring site agreement with Biffa Municipal Waste Ltd. though these would be offset by the service savings made during 2013/14.  The Council currently payed Biffa Municipal Waste Ltd £108k per annum for this service.      

 

As a number of the procurements contained within this report required the disclosure of sensitive financial information to enable Cabinet to take a decision, a further report under Part II of this agenda was considered which dealt with these matters

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the proposals contained within this report for the future delivery of recycling reprocessing, organic waste treatment and the management of Council’s Household Waste Recycling Centres (HWRC’s) be noted.

 

(2)       T H A T the current recycling reprocessing and HWRC contracts with Biffa Municipal Waste Ltd be further extended for a period up to 1 October, 2013.

 

(3)       T H A T the current service arrangements with Biffa Municipal Waste Ltd for the servicing of the Council’s recycling bring sites be terminated.

 

(4)       T H A T a further report be presented to a future Cabinet meeting on the reduction of recycling bring sites.  

 

Reasons for decisions

 

(1)       To advise members and to assist them in making the necessary decisions on contractual arrangements for these services proposed within a further report on this agenda.

 

(2)       To ensure the continuation of these services up until the commencement of the new contracts later this year.

                                            

(3)       To permit this service to be brought back ‘in house’ to enable financial savings to be made.

 

(4)       To enable Cabinet to consider and agree any reductions in recycling bring sites. 

 

C1342            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 item of business on the grounds that it involves 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.

 

C1343            WASTE MANAGEMENT AND CLEANSING – RECYCLING, COMPOSTING AND HOUSEHOLD WASTE RECYCLING CENTRES – ACCEPTANCE OF CONTRACTS (EVS) (EXEMPT INFORMATION – PARAGRAPHS 14 AND 21 AND/OR 16) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –

 

Approval was sought to progress contractual arrangements for the provision of; Biodegradable Municipal Waste Treatment (kitchen and green wastes), Processing of Recyclable Municipal Waste (Caerphilly CBC partnership) and the management of the Council's Household Waste Recycling Centres (HWRC's)

 

Members were provided with supplementary financial information to the Part I Waste Management report dealt with previously on the agenda, permitting Members to make an informed decision on 3 specific waste management contracts, namely –

 

  • Biodegradable Municipal Waste Treatment - Kitchen and Green Wastes
  • Processing of Recyclable Municipal Waste - Caerphilly Partnership
  • Management and Operation of Household Waste Recycling Centres (HWRC's).

This was a matter for Executive decision

 

RESOLVED –

 

(1)           T H A T delegated powers be given to the Director of Visible Services and Housing in consultation with the Managing Director, Head of Legal Services and Cabinet Member for the Environment and Visible Services to agree the terms of a Memorandum of Understanding (MOU) with the Lead Authority, Caerphilly CBC, in respect of the Contract for the processing of the Council's co-mingled recyclable material.

 

(2)           T H A T Biffa Municipal Waste Ltd be appointed as contractor for the management and operation of the Council's HWRC's at Llandow and the Atlantic Trading Estate, Barry for the period 2013 to 31 March, 2015 with a possible 2 year extension to 31 March, 2017.

 

(3)           T H A T the existing contractual arrangements with Cowbridge Compost Ltd for the treatment of biodegradable municipal waste (kitchen and green wastes) be formalised for the period 1 April, 2012 to 31 March, 2015 with a possible 1 year extension to 31 March, 2016.

 

Reasons for decisions

 

(1)       To enable the Vale of Glamorgan Council to enter into an agreement with Caerphilly CBC for the processing of recyclable materials, including the haulage of the material involved with SITA (UK) Ltd, who are the nominated contractor for such with Caerphilly CBC.

 

(2)       To enable the Vale of Glamorgan Council to enter into a formal contract with the lowest tenderer, Biffa Municipal Waste Ltd, for the operation of its HWRC's.

 

(3)       To formalise the current contractual arrangements with Cowbridge Compost Limited to ensure they are in accordance with the Council's Financial Regulations and Standing Orders.

 

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