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CABINET

 

 

MINUTES of a meeting held on 28^th February, 2007.

 

Present: Councillor N. Moore (Vice-Chairman in the Chair); Councillors R.F. Curtis, S.C. Egan, C.P. Franks, N.J. Gibbs, G. John, Mrs. M. Randall, Mrs. and M.R. Wilkinson.

 

 

C2908                        APOLOGIES FOR ABSENCE -

 

These were received from Councillor Ms. M.E. Alexander and C.J. Williams.

 

 

C2909                        MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 7^th February, 2007 be approved as a correct record.

 

 

C2910                        DECLARATIONS OF INTEREST -

 

Councillor G. John	Agenda Item No. 4(iii) & Agenda Item 16 - Life member of Llantwit Major AFC.
Councillor S.C. Egan	Agenda Item No. 16 - Recent appointee as a LEA Governor.

 

 

C2911                        VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN (LDP) - PROPOSED VISION (REF) -

 

The Cabinet at its meeting on 31^st January, 2007 had considered the above matter and subsequently resolved:

 

“(1)      T H A T the vision contained within the Vale of Glamorgan Community Strategy (2003-13) be adopted as a Vision for the Vale of Glamorgan LDP (2011-2026).

 

(2)       T H A T the Vision be used to inform the development of the LDP Strategy.”

 

Under the Council’s Constitution, certain planning related issues could only be decided by Cabinet and where relevant, Council.

 

The Scrutiny Committee (Economy and Environment) at its meeting held on 13^th February, 2007 had considered the resolutions of the Cabinet and the associated report in respect of the Local Development Plan.  The Scrutiny Committee having considered the above and related issues, subsequently recommended:

 

“T H A T the decision of the Cabinet on 31^st January, 2007 be supported.”

 

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

 

RESOLVED - T H A T the views of the Scrutiny Committee (Economy and Environment) be noted.

 

 

C2912                        LEISURE CHARGES 2007/2008 AND LEISURE MEMBERSHIP SCHEME (REF) -

 

The Scrutiny Committee (Economy and Environment) at its meeting held on 13^th February, 2007, gave consideration to the proposed leisure charges for 2007/08 and to changes to the existing Freestyle Leisure Membership Scheme also for 2007/08.  The Scrutiny Committee having considered the above and related issues, had subsequently recommended to Cabinet the following:

 

“(1)      T H A T the leisure charges proposed for 2007/08 as detailed at Appendix A to the report be approved for implementation in April 2007.

 

(2)       T H A T the prices for Freestyle Leisure Membership, as detailed in the report, be approved.

 

(3)       T H A T further reports on the Leisure Membership Scheme (Freestyle) be included within future fees and charges reports.

 

(4)       T H A T the Director of Environmental and Economic Regeneration in consultation with the Cabinet Member for Tourism and Leisure, be authorised to set charges or increase prices for sports, arts and development courses, saleables, some additional Leisure Centre activities and food and beverage charges as appropriate, during the course of the financial year.

 

(5)       T H A T the £15 administration charge be introduced for new Lifestyle members.

 

(6)       T H A T relevant fees be applied to Surf Lifesaving Clubs.

 

(7)       T H A T consideration be given to customers of the Membership Scheme being offered an option to pay their subscriptions by Direct Debit and that incentives be considered to attract take-up of this payment method.”

 

The Cabinet having considered the above matters,

 

RESOLVED - T H A T the above recommendations of the Scrutiny Committee (Economy and Environment) of 13^th February, 2007 in respect of Leisure Charges for 2007/08 and proposed changes to the Freestyle Leisure Membership Scheme also for 2007/08, be accepted and implemented in April 2007, subject to the under - mentioned amendments to Swimming Lesson fees:

 

number		member	06	07	NON	06	07
B3502	½ hour lesson	ADFST	£3.30	£3.45	non		£4.25	Per lesson
	One hour swim lesson	ADFST	£4.30	£4.45	non		£5.25	Per lesson
	½ hour lesson	JRFST	£3.30	£3.45	non	£3.60	£3.95	Per lesson
	One hour lesson	JRFST	£4.30	£4.45	non	£4.60	£4.95	Per lesson
B3505	½ hour swim lesson D/D	JRFST	£13.75	£14.40	non	£15.00	£16.45	£3.45 x 50 divided by 12 or £3.95 x 50 divided by 50
	One hour swim lesson D/D	JRFST	£17.95	£18.55	non	£19.16	£20.65	£4.45 x 50 divided by 12 or £4.95 x 50 divided by 50
	Hol. Crash courses	JRFST	£3.30	£3.45	non	£3.60	£3.95	Per lesson
	Vale Squad	JRFST			non
	Adult and child	ADFST		£3.45	non		£4.25	Per lesson
	One to One Lessons	ADFST	£51.50	£53.30	non
	One to One Lessons	JRFST	£51.50	£53.30	non
	Bronze Medallion	JRFST	£75.00	£77.65	non	£79.20	£84.65	Course
	Bronze Medallion	ADFST	£75.00	£77.65	non	£82.00	£88.85	Course

 

Reason for decision

 

To set suitable charges for the Leisure Service for 2007/08.

 

 

C2913                        VISIBLE SERVICES - RECYCLING CENTRE, DOMESTIC PERMITS (REF) -

 

The above matter had been considered by the Scrutiny Committee (Economy and Environment) at its meeting held on 13^th February, 2007 where consideration was given to the current arrangements used to control the use of vans and trailers at the Council’s Recycling Centres.  The Scrutiny Committee also gave consideration to revised arrangements for the administration of domestic permits in the future which would be undertaken by the OneVale Call Centre.  The Scrutiny Committee having considered the revised proposals, subsequently recommended:

 

“(1)      T H A T the alterations proposed to the current permit system for domestic customers with vans or trailers to deposit waste at the recycling centres (Sully and Llandow) as of 1^st April, 2007 be supported.

 

(2)       T H A T the introduction of measures to restrict the weight of domestic vehicles entering the recycling centres and the quantity of DIY waste that could be deposited at the site be supported.

 

(3)       T H A T the report and the views of Committee be forwarded to Cabinet for decision.”

 

The Cabinet having considered the recommendations of the Scrutiny Committee (Economy and Environment) of 13^th February, 2007 in relation to revised administration arrangements for the Recycling Centre Domestic Permits,

 

RESOLVED - T H A T the above recommendations of the Scrutiny Committee (Economy and Environment) of 13^th February, 2007 be accepted.

 

 

C2914                        CARDIFF BAY ADVISORY COMMITTEE - 24^TH JANUARY, 2007 -

 

RESOLVED - T H A T the following report be noted:

 

Present:

 

Mrs. C. Dimond (Vice- Chairman)	Cardiff Flood Action Committee
Captain T. Auld	Dock and Harbour Master
Mr. J.P. Barry	Cardiff Bay Yacht Club
Mr. T. Davies	Cardiff Bay Yacht Club
Councillor N. Howells	Cardiff County Council
Mrs. S. Howard	Countryside Council for Wales
Mr. S. Jones	Quay Marinas
Councillor M.R. Wilson	Penarth Town Council

 

Also present:

 

Mr. S. Howell	Cardiff Harbour Authority
Mr. C. Hope	Vale of Glamorgan Council

 

 

1.            Apology for absence -

 

An apology for absence was received from Councillor N.J. Gibbs (Chairman).

 

 

2.            Minutes -

 

RESOLVED - T H A T the minutes of the meeting held on 15^th November, 2006 be approved as an accurate record subject to:

 

·        the deletion of the words “the Bay” from the second sentence of Minute No. 6 relating the fish pass

·        the deletion of the words “and it was” from the final sentence of Minute No. 9.

 

 

3.            Cardiff Harbour Authority -

 

A progress report was received from Mr. Simon Howell in respect of the following:

 

Barrage

 

The fish pass was currently out of operation for routine maintenance and repair.  It would be back in operation in time for the anticipated salmon runs in March.  Last week, combined flows exceeded 400 cumecs passed through the barrage sluices.  (A 1 in 100 year flow is approximately 1,000 cumecs as a comparison).

 

The routine dredging of the Outer Harbour was due to commence on 1^st February and was designed to maintain the dredged channel access.

 

Environment

 

There had been no water quality issues since the last meeting of the Advisory Committee, with the oxygen levels in the Bay remaining well above the statutory minimum level and no algae blooms experienced as expected at this time of the year.

 

Large volumes of debris had again been collected in the previous two months from the Bay and the rivers following the wetter weather that we have had.  The booms that collect the debris had been very effective in limiting the volumes that actually get into the Bay.  Over 430 tonnes of debris had been collected over this period including an 8 foot snowman.

 

Detailed risk assessments had been carried out over the past two months to assess major emergencies and environmental changes such an invasive species such as zebra mussels.  These assessments involved multi agencies.

 

New interpretation signage was being erected on the Cardiff Bay wetlands next week that would provide more information on the flora and fauna in this area.

 

 

General

 

The contract to replace the surfacing of Roald Dahl Plasse had been delayed due to the prolonged periods of rainfall.  The contract should now be completed early in February.

 

The tenders for the Olympic standard canoe slalom centre were due to be returned next week.

 

The new storage building at the Cardiff Bay Water Activity Centre had started on site and was due to be completed in April.  This would provide secure storage space for rowing and canoeing equipment that was used at the centre.

 

It was proposed to relocate the main Flat Holm operation from this spring with the boat trips commencing from the Cardiff Bay Water Activities Centre at Channel View.

 

 

4.            Environment Agency Issues -

 

An update report was received from Mr. John Harrison in respect of the following:

 

Water Quality

 

There had been no water quality issues since the last meeting of the Advisory Committee. 

 

Canoe Slalom Centre

 

The Environment Agency had requested additional information with regard to flood risk issues as a result of the extent to which the centre extended into the water, and this was in the process of being provided by the Cardiff Harbour Authority.

 

(For clarification, Mr. Simon Howell stated that the Cardiff Harbour Authority was of the opinion that there would be no flooding issues as the river area available for flood flows remained larger than sections upstream but had employed consultants to investigate).

 

Zebra Mussels

 

It was stated that, in view of environmental concerns surrounding proposed measures to dispose of Zebra Mussels, a further report on this matter would be brought before a future meeting of the Advisory Committee.

 

 

 

5.            Matters Raised at the Request of the Royal Yachting Association -

 

At the request of Mr. T. Davies the following issues were discussed:

 

(i)         The supply of a “gridiron” in the outer harbour of the Cardiff Bay Barrage.

 

Mr. Simon Howell advised that the Harbour Authority were not aware that a gridiron had ever been available in Cardiff Bay.  During the passage of the Barrage Act through Parliament, this topic had not been raised and was not an obligation under the Barrage Act.  Gridirons were used in tidal waters and therefore the only area of water where one could be located was the outer harbour.  Access to a gridiron could be problematic and the health and safety implications would need to be carefully assessed.  The tides at Cardiff and the situation expected on the pedestrian access were both likely to prove problematic.  There were many areas within the Bay where vessels could be taken out of the water which was by far the safer option. 

 

Mr Stuart Jones agreed that the option of using a gridiron would have potentially serious health and safety concerns.

 

It was agreed that further investigations be undertaken into this matter.

 

(ii)        What progress had been made with regard to dredging up to the steps on the west wall adjacent to No. 3 lock in the outer harbour of the Cardiff Bay Barrage?

 

The steps had been designed for emergency use only, for those mariners or others that needed to reach land during an emergency situation and could not gain access to the locks.  The steps were subject to large fluctuations in tide height and situation.  They were inspected and cleaned as necessary.  There had been little use of these steps since they had been constructed but they are an important access point from the outer harbour in emergency situations. 

 

(iii)       The cost of moorings in Cardiff Bay.

 

The appeal to the Secretary of State for Transport had still not been determined.  An appeal had been made against the level of charges in Cardiff Bay in 2004 and the last exchange of detailed correspondence had been over two years ago.

 

The latest position was that the matter was with the Secretary of State’s Decisions Officer who hoped to conclude the matter by April this year.  It was felt useful if the Committee were to write to the Secretary of State for Transport’s Office indicating that the delay in determining this dispute was causing uncertainty and stifling the development of the Bay.

 

The proposed charges for 2007/2008 had been increased in line with projected inflation and were:

 

Provision of a berth £67.90/metre

 

Navigation Fee £17.00/metre

 

Permission to moor £11.10/metre.

 

the above being subject to discounts in accordance with legal requirements.

 

Members of the Advisory Committee agreed to approach the Secretary of State with a request that the appeal be determined as a matter of urgency in view of the uncertainty being experienced by boat users within the Bay.

 

 

6.            Cardiff Executive Meeting Reports -

 

The following report was presented to the Committee for information:

 

Ground water monitoring for the period January to June 2006 and the post impoundment review of ground water levels to 31^st March, 2006.

 

Mrs. Dimond stated that she had received the ground water monitoring information on disc but asked if she could receive the information in paper-format. 

 

Simon Howell agreed to provide the information in the required format.

 

7.         Any Other Business -

 

(i)         Wave Monitoring

 

It was reported that the results of the wave monitoring exercise had been provided to the clubs and discussions were to be held to discuss the results of the exercise.

 

(ii)        Bye Laws

 

The byelaws were currently with the Welsh Assembly.  The consultation period was due to end soon and the planned implementation date was July 2007. 

 

(iii)       The Ecological Monitoring of Cardiff Bay

 

Mrs. Dimond referred to a presentation made by Mr. James Reid to the Environmental Communication Forum on 4^th October, 2006 and asked if this presentation could also be given to the Cardiff Bay Advisory Committee. 

 

This was agreed.

 

______________________

 

 

C2915                        APPOINTMENT OF LEA GOVERNORS ADVISORY PANEL - 13^TH FEBRUARY, 2007 -

 

The under mentioned recommendations of the LEA Governors Advisory Panel of 13^th February, 2007 were considered:

 

Present:Councillor N.J. Gibbs (Chairman); Councillors J. Clifford, A.D. Hampton, F.T. Johnson, G.C. Kemp, M.R. Wilson and Mrs. M. Gibbs (Vale Governors Association).

 

Also present:Councillors B.I. Shaw (Substituting Councillor C.P. Franks),  Mrs. M.R. Wilkinson (Substituting Councillors F.T. Johnson and  M.R. Wilson) and A.C. Williams (Substituting Councillor A.D. Hampton).

 

 

(a)            Apology for absence -

 

This was received from Councillor C.P. Franks. 

 

 

(b)            Declarations of Interest -

 

Councillors A.D. Hampton, F.T. Johnson, M.R. Wilson and Mrs. M. Gibbs withdrew from the meeting as they were precluded from presiding over vacancies of schools where they themselves were governors.

 

 

(c)            Guidance Regarding Appointments Panel -

 

RECOMMENDED -

 

(1)       T H A T the Guidance Note regarding the Appointments Process be noted.

 

(2)       T H A T it be noted that Members were precluded from taking part in the consideration of vacancies of schools where they themselves were a governor and substitutes were permitted in those cases.

 

 

(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 LEA Governors Vacancies (Exempt Information Paragraph 12) -

 

The report accompanying the papers noted that no application had been received in respect of Ysgol Erw’r Delyn.  However, the officer present tabled a late application for this school which the Members agreed to consider. The department had also received other late applications but in view of the fact the schools concerned had applications for Governors as agendad, the Committee agreed to not consider these. 

 

The Panel having considered the criteria for the appointment of LEA Governors and the applications received

 

 

RECOMMENDED - T H A T the following appointments be made

 

School	Appointment(s)
All Saints Church in Wales Primary	Mrs. S.R. Williams
Ashgrove	Councillor Mrs. M.E.J. Birch
Barry Comprehensive	Councillor S.C. Egan
Barry Island Primary	Mr. L. Waters and Mr. R. Morgan
Cadoxton	Mrs. S.K. Davies
Cogan Primary	Mrs. J.L. Griffiths
Dinas Powys Infants	Mrs. J. Davies
Eagleswell Primary	Mr. P.D.Tooze (no applications had been received for the school but Mr. Tooze had indicated he would take an appointment to a school that was not his preferred choice)
Llanilltud Fawr Primary	Mrs. P.C. Richards
Murch Junior	Mrs. S. Holmes
St. Athan Primary	Mrs. G. Moffat
St. Illtyd Primary	Mr. G.N. Evans
Victoria Primary	Councillor Mrs. M.E.J. Birch and Mrs. A.J. Templeman
Y Bont Faen Primary	Mrs. S.M. Cox
Ysgol Erw’r Delyn	Dr. A.G. Cosslett
Ysgol Gwayn-y-Nant	No applications received - appointment deferred
Ysgol Gymraeg Pen-y-Garth	Mrs. E.M. Elias-Jones
Ysgol Sant Curig	Mr. T.R. Davies and  Mr. D.J. Horgan.

 

_______________

 

The Cabinet having considered the above and related issues,

 

RESOLVED - T H A T the above recommendations of the LEA Governors Advisory Panel of 13^th February, 2007 be accepted.

 

(NB: Councillor S.C. Egan withdrew from the meeting during consideration of the item).

 

 

C2916                        WALES CHARTER FOR MEMBER SUPPORT AND DEVELOPMENT (CX) (SCRUTINY- CORPORATE RESOURCES) -

 

The report sought to advise the Cabinet of the current position regarding the Council’s submission for Wales Charter for Member Support and Development status and to seek approval of a revised Member Development Strategy.

 

The Cabinet at its meeting on 13^th December, 2006, had previously considered the revised Member Development Strategy but subsequently resolved that the Strategy be deferred to allow full consultation with all Council Members.

 

In accordance with this instruction, Members were duly asked whether they had any comments which would then be taken into account.  Only one reply had been received which did not impact on the content of the draft revised Strategy.

 

The revised National Member Development Strategy and Member Development Charter had been subject to consideration by the All-Wales Member Support Officer Network (on which the Council was represented) and a Welsh All-Party Task and Finish Group.  The above Strategy took full account of the findings and recommendations of the “Review of the New Political Structures” published by the Local Government and Public Services Committee of the Welsh Assembly Government in 2003.

 

The new Wales Charter for Member Support and Development was designed to recognise achievement and progress in the field of Member Development.  The Charter, which had several levels, aimed to provide a broad framework for local planning, self-assessment, actions and reviews, together with networking and comparison amongst authorities and the sharing of good and innovative practices.

 

Given the Council’s ongoing commitment to Member Development, the fact that a Member Development Strategy was already in place and the work which had been undertaken to date, it was considered that the Council was well placed to sign up to apply for the awarding of the initial level of the Charter.  With this in mind, the Council had already submitted a Statement of Intent to the WLGA confirming its intention to apply for Charter Status and officers had undertaken a detailed self-assessment against the criteria required.  This information had subsequently been considered by the Council’s Member Development Working Group and submitted to the WLGA as part of the Council’s submission for Charter Status.

 

Any application to the WLGA would then be reviewed by a peer team, made up of elected Members from Welsh Authorities, a Member from a non-Welsh Authority and an officer with responsibility for Member Support.  The Operational Manager (Democratic Services) and the Council’s Corporate Training Manager were members of the All-Wales Peer Review Group from which teams would be selected to review authorities’ submissions.  As part of the process for applying for Charter Status, the Member Development Working Group had also taken the opportunity of reviewing the Council’s Member Development Strategy.  The review had included incorporating in the revised draft Strategy, the various new elements e.g. additional role descriptions for Members and a framework for the undertaking, by senior Members of personal support and development interviews with Members of their Group.

 

It was highlighted that the Council was leading the way in this field in that it was the first Authority in Wales to submit an initial application to the WLGA.  Subject to the endorsement by Cabinet of the revised Strategy, this would then enable discussions to take place with the WLGA regarding a formal appraisal of the Council’s submission.

 

This matter was for Executive decision.

 

RESOLVED - T H A T the revised Member Development Strategy be endorsed, subject to it being noted and the above strategy being amended to reflect that Councillor Mrs. M. Randall was the Council’s Champion for Member Development.

 

Reason for decision

 

To reflect changes which had occurred since the introduction of the original Strategy and to reflect the initiatives proposed as part of the formulation of the Council’s bid for Charter Status.

 

 

C2917                        NEW DIRECTORATE OF SOCIAL SERVICES - RELOCATION OF FUNCTIONS (CX) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

In light of the Cabinet’s previous decision of 17^th January, 2007 to establish a new Social Services Directorate, it was now necessary to reallocate the non-Social Services activities within the Council and to determine any consequential amendments to the statutory role of officers and delegated powers.

 

It was proposed to reallocate the following Services on the following basis:

 

Catering Services - This Service would transfer in its entirety to the Directorate of Learning and Development reporting to the Head of Service for Strategic Planning and Performance.  It was proposed that a change of this nature would reinforce the links the Catering Service and its major customers.  It was proposed also that further discussions would be held with the newly appointed Director of Social Services in relation to the future strategy of Meals on Wheels, but in the medium term, this would continue to be part of the Catering Service located within Learning and Development.

 

With regard to Housing and Community Safety, it was proposed that this service transfer to the Directorate of Legal and Regulatory Services with the Directorate title changing to Director of Legal, Public Protection and Housing Services.  The Housing Service structures included a Head of Service post and that postholder would report to the Director of Legal, Public Protection and Housing Services.  There were numerous examples of Housing and Public Protection working together in the same Directorate successfully.  In particular, in this case, part of the Housing Service related to Environmental Health functions.  Furthermore, the Public Protection Division inputs substantially into the work of the Community Safety function.

 

In order to facilitate the establishment of the new Directorate of Social Services and the relocation of the Catering, Housing and community Safety functions as set out above, it was necessary to revise the current schedules of delegated powers in respect of Social Services and Housing and Community Safety.  The proposed revisions in respect of these delegations were detailed in Appendix A and B respectively to the report.

 

It was noted that consultation had taken place on the above proposals with senior managers affected and with trade union representatives.

 

This matter was for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Catering Services and Housing and Community Safety transfer to the Directorate as set out in paragraph 6 of the report.

 

(2)       T H A T the revised schedule of delegated powers be agreed as set out in Appendices A and B to the report.

 

(3)       THATrevised delegations in respect of Public Sector Housing and Community Safety be submitted to Cabinet as soon as practicable.

(4)       THAT the Operational Manager, Commissioning and Resources be added to the list of officers to whom the delegations are granted in respect of Strategy, Performance Management and Commissioning.

 

 

Reasons for decisions

 

(1- 4)                     To ensure the smooth transition of services.

 

 

C2918                              CONSULTATION ON DRAFT MINISTERIAL INTERIM PLANNING POLICY STATEMENT “PLANNING FOR CLIMATE CHANGE” (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet’s approval was sought in relation to the agreement of a formal response to the Welsh Assembly Government in respect of the above consultation document.

 

Planning policy Wales (PPW) (March 2002) set the context for sustainable land use planning policy and was continually monitored and reviewed by the WAG when required.  This current consultation was in response to the Stern Review published in October 2006 which highlighted the threats of continued climate change.  Accordingly, the WAG expected all local planning authorities to take immediate account of the draft MIPPS when developing their Local Development Plan (LDP) documents.

 

Unlike other MIPPS, the cross-cutting nature of climate change had meant that this consultation document proposed changes to a range of sections in PPW as well as minor changes to previously issued MIPPS on Housing and Renewable Energy.  The draft document highlighted the role of the planning system in mitigating the causes of climate change by reducing greenhouse gases emissions and by planning for and responding effectively to the changes already underway.  The document also indicated areas where building regulations may have an impact on the proposed changes.

 

In addition, and to assist local planning authorities in developing effective LDPs, the WAG also proposed to produce a draft Climate Change Compendium, containing best practice examples and model policies for inclusion.  It was noted that the Council’s Adopted Supplementary Planning Guidance on Sustainable Development had been included within the compendium as an example of best practice.

 

The report also set out for the Cabinet’s consideration the representations that were proposed to be made by the Council in respect of its comments in relation to the draft MIPPS.

 

This matter was for Executive decision.

 

Having regard to the above and related matters, it was

 

 

RESOLVED -

 

(1)       T H A T subject to consultation with the Planning Committee, Cabinet endorses the report as the Council’s formal response to the WAG’s consultation on the draft MIPPS “Planning for Climate Change”.

 

(2)       T H A T a further report be presented to Cabinet once the MIPPS had been formally adopted by the WAG.

 

Reasons for decisions

 

(1)       To advise Members of the consultation exercise together with the Council’s representations made to the WAG.

 

(2)       To ensure that Members were kept informed of developments in national planning policy.

 

 

C2919                        UPDATE ON MAJOR PROJECTS (DEER) (SCRUTINY - CORPORATE RESOURCES) -

 

The Scrutiny Committee (Corporate Resources) in 2006, undertook a review of major corporate projects undertaken by the Council.  The review considered three key areas in relation to corporate projects, viz; the general management of the project, partnership working and the levels of external funding and access to grants.  The review had also concentrated on projects undertaken over the last five years with a value of £500,000 or more.  The findings of the review had been considered by the Cabinet at its meeting held on 25^th April, 2006.

 

The findings of the research amongst other things, concluded that whilst Members saw regular reports on how projects were progressing financially, there was no reporting or evaluation on the impact that the corporate projects had on the wider community it served, either at inception or completion of the project.  The recommendations of the earlier review also required the following:

 

(i)      That the Project Management Unit provide a quarterly briefing note to Cabinet and Scrutiny Committee (Corporate Resources) on current major corporate projects and upon completion of a project (or a phase) an assessment on the impact on the relevant community.

 

(ii)     that the recommendations of the Scrutiny Committee (Economy and Environment) in their recent review of Community Regeneration Projects (Cabinet Minute No. C2305 refers) be reaffirmed and extended to cover all major corporate projects.

 

Also attached to the report as an appendix was a list of projects currently being undertaken by the Project Management Unit and these related to the following:

 

§                Barry Town Hall

§                Penarth Heights

§                Thompson Street Bridge

§                Waterfront Innovation Quarter

§                Business Support Centre, Barry Waterfront

§                Hydraulic Pumphouse, Barry Waterfront

§                Medical Centre, Barry Waterfront

§                Barry Steam Railway Project

§                Central Station Project, Phases 1 Barry Docks Platform

§                Catching the Wave Initiative, Barry Marina Options

§                UWIC Wales International Centre for Tourism and Leisure

§                The Knap Landscaping Scheme

§                Penarth Pier Pavilion and Italian Shelter

§                Former Bus Depot, Broad Street

§                Barry Island Footbridge and Plymouth Road Access.

 

In addition to the above matters, Cabinet had also requested officers to provide a definition of major projects and asked to receive quarterly reports for all projects with a financial implication £100,000 or more.  With regard to the definition of a major project, it was indicated that this correlated to a large number of criteria but essentially referred to the complexity of a particular project and its perception within the corporate framework of the organisation.

 

The Council had adopted an internally produced Project Management Manual that advised on what constitutes a project and why such needed project management.  The manual defined a project as:

 

“A unique set of co-ordinate activities, with definite starting and finishing points, undertaken by an individual or organisation to meet specific objectives within defined schedules, costs and performance parameters.”

 

For the purpose of the Council, therefore, a major project might be defined as a large or complex project that manages the following criteria:

 

§                an element of possible large financial risk

§                the comprehensive assessment and management of other risk factors

§                the need for a corporate overview and set up of corporate management structures to take the scheme forward

§                the need for the creation or utilisation of external networks to facilitate the scheme

§                the creation of a wide-ranging team, either internal or external, to manage a large number of complex issues

§                dedicated resources that were not readily available within existing service delivery frameworks or staff structures.

 

This matter was for Executive decision.

 

RESOLVED - T H A T the report be noted.

 

Reason for decision

To apprise Members of matters relating to major projects.

 

C2920                        CAR ALLOWANCES FOR STAFF (CMT) (SCRUTINY - CORPORATE RESOURCES) -

 

The Cabinet had previously considered the above matter at its meeting held on 13^th December, 2006 where at that time it had deferred making a decision pending consideration of the issue by the Council’s Joint Consultative Forum.  The matter was subsequently considered by the Forum at its meeting held on 25^th January, 2007 where at that time the Forum had agreed “that Cabinet be informed that the JCF rejected each of those recommendations with the exception of recommendation (12) and that Cabinet be urged to refer the matter back to the Single Status Group for further consideration.

 

As a consequence, the matter was discussed further at the Single Status Group meeting held on 6^th February, 2006.  The Group considered the recommendations and agreed solely the proposal to include payment of car allowance to the 15^th of each month and via Payroll.  On each of the remaining recommendations no agreement was achieved.  The Trade Union side sought to await the outcome of the national negotiations whereas the views of the management side sought to conclude the issue given that the issue had been on the national agenda for many years with no declared immediate prospect of being determined.

 

The Corporate Management Team on 13^th February, 2007, reaffirmed their support for the original recommendations, which would be referred back to Cabinet in a further report.  It considered that action needed to be taken now and it would not be acceptable to await the outcome of a National Agreement.  The proposal to phase out the essential user scheme and offer a pay out to existing essential users was considered by the Corporate Management Team to be a reasonable compromise.  In addition, the Corporate Management Team had concerns regarding equity and financial implications of the Joint Consultative Forum’s view.

 

Further information had been forthcoming from 19 other Authorities in Wales on the position on Car Allowances, and these were as follows:

 

§                8 Authorities paid in line with the National Agreement.  Of these, 5 were at various stages in seeking to negotiate local arrangements;

§                11 had local agreements - of these, 2 had flat rate allowances.  Others had various other restrictions.

 

The Corporate Management Team had considered that the casual mileage rates of between 39.7p and 54p offered an adequate reimbursement for the use of a car on business.  The rates would continue to be up-rated in line with the National Agreement.  It was also confirmed that staff not opting for the buy-out would continue to receive essential lump sum and mileage rates up-rated in line with the National Agreement until any different proposals were agreed.

 

The proposed rates should be seen in comparison with the Inland Revenue rate of 40p per mile introduced in 2002, on which the current tax regime was based.  In addition, the AA Trust provided tables on the running cost of cars including standing charges - road tax, insurance, cost of capital, depreciation, breakdown cover - and running cost, - petrol, tyres, service labour, parts, parking and tolls.  For 2006 for a petrol car, these were as follows:

 

 

 

The Cabinet however, took the view that the buy-out provision as proposed would expose the Council to additional budgetary pressures and as a consequence, it was proposed that this element be removed from the new scheme.

 

This matter was for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Council’s participation in the existing national car allowance scheme be formally ended forthwith.

 

(2)       T H A T a new local single status car allowance scheme be adopted based on the prevailing national casual user rates and phased in.

 

(3)       T H A T the option for staff to receive an allowance equal to the tax-free allowance (currently 40p per mile) where less that their normal entitlement be retained.

 

(4)       T H A T essential user status be deleted from all posts currently vacant and any further posts as they become vacant.

 

(5)       T H A T no newly established posts have essential user status.

 

(6)       T H A T no existing staff transfers from Casual User to Essential User conditions.

 

(7)       T H A T no staff appointed to any post through internal or external recruitment, promotion, transfer or redeployment receive essential user status.

 

(8)       T H A T essential user status of individual jobs is considered as part of the single status pay arrangements.

 

(9)       T H A T  the criteria for staff car loans be revised so that the loan scheme is available to all permanent staff subject to the following -

 

·                    Applicants must have completed a satisfactory probationary service with the Council unless the vehicle is required for the employee’s use in carrying out his/her duties for the Council when the Chief Officer may approve a loan within the probationary period;

·                    The Chief Officer will have to approve the vehicle as suitable and appropriate for the use of the employee in making the application subject where necessary to advice from the vehicle fleet manager;

·                    Loans must be repaid in full on termination of employment.

 

(10)     T H A T from 1^st April 2007 claims for car allowances run to 15^th of each month and payments be made with the next convenient salary payment.

 

(11)     T H A T the revised scheme is reviewed after six months with further consideration being given to the operation of a pool car scheme.

 

Reasons for recommendations

 

(1) to (8)            To formally end the existing scheme and phase in a new single status scheme.

(9)                   To make consequential amendments to the car loan scheme.

(10)                 To register the change as an approved efficiency gain.

(11)                 To assess the operation of the revised scheme. 

 

 

C2921                        REVENUE MONITORING FOR THE PERIOD 1^ST APRIL, 2006 TO 31^ST JANUARY, 2007 (CMT) (SCRUTINY - CORPORATE RESOURCES) -

 

The projected outturn for the 2006/07 Revenue Budget was for a deficit of £4,351,000 on the General Fund and an under spend of £150,000 on the Housing Revenue Account.  Deficits in respect of Learning and Development, Social Services, Catering and the Directorate of Environmental and Economic Regeneration remained unchanged from that previously reported to Cabinet at its meeting on 31^st January, 2007.

 

Underspends in relation to Learning and Development of £120,000 would offset the deficit within that respective service.

 

The underspend on policy which was £283,000 was mainly attributable to additional external interest earned.

 

The net overspend of £4.351m. on General Fund Services would have to be met from the General Fund balance.  However, at the 31^st March, 2007, this balance was predicted to stand at £4.4m.  This was after the use of £2.250m. approved by Council to balance the 2006/07 budget.  Consequently, any substantial amount of the overspend would have to be found by un-earmarking specific reserves.  Any costs arising from the arbitration referred to above would have to be met from the further un-earmarking of specific reserves.

 

This matter was for Executive decision.

 

RESOLVED - T H A T the position with regard to the Authority’s 2006/07 Revenue Budget be noted.

 

Reason for decision

 

That members are aware of the projected revenue outturn for 2006/07.

 

 

C2922                        CAPITAL MONITORING FOR THE PERIOD 1^ST APRIL, 2006 TO 31^ST JANUARY, 2007 (CMT) (SCRUTINY - CORPORATE RESOURCES) -

 

The report sought to advise Cabinet of the progress on the 2006/07 Capital Programme for the above period and where necessary to request changes to the programme.

 

Details were presented of the progress on the 2006/07 Capital Programme and attention was drawn to the following matters:

 

Social Services - At the Cabinet meeting on 31^st January, 2007, it was agreed to accept an approved Welsh Assembly Government capital grant for £169,323 in respect of Flying Start.

 

Housing - Cabinet had previously approved schemes to the value of £2.4m. on the Major Repairs Allowance.  A report had recently been sent to the Welsh Assembly Government detailing the use of the available 2006/07 funding of £2.7m.  Cabinet was now requested to approve the inclusion of the balance of £0.3m. in the Capital Programme in order that further major improvement works could be completed in the current financial year.

 

In respect of the Penarth Renewal Area, the Council at is meeting held on 14^th February, 2007, approved a virement of £387,000 to fund Disabled Facilities Grants.

 

Cabinet was also requested to include a further £8,000 in the Capital Programme for Building Safer Communities 2006/07 and this related to the securing of funding from the Home Office to install a security gate at Barry Island car park entrance in order to reduce crime and disorder.

 

Directorate of Lifelong Learning –

 

Emergency powers had been implemented in order that underspends and an uncommitted contingency budget within the schools asset renewal budget for 2006/07 to the value of £39,000 could be used for works at Ysgol Gwaun Y Nant within the current financial year.  Two schemes had been identified as urgent - roofing works at £20,000 and a new two classroom extension at £15,000.  It was noted that roofing works would also continue into 2007/08 and as such, an allocation for the balance of the works required would be committed from the 2007/08 schools asset renewal budget.

 

In addition to the above matters, it was anticipated that the following schemes would not be completed on target:

 

Directorate of Environmental and Economic Regeneration -

 

With regard to Barry Central Station, delays due to the required sign-off procedure with Network Rail and the inability to confirm rail possession dates until the contract was in place, had occurred.  In addition, there were delays in the steelwork delivery dates that had resulted in slippage of the 2006/07 programme.  Given the above, the actual expenditure in the current financial year would be circa £302,000 which was £402,000 below the budget.  The Welsh Assembly Government had been informed of this underspend and a request had been made to the WAG to slip the Transport Grant funding into 2007/08.  In the event of this request not being granted, the remainder of the scheme would have to have priority in next year’s allocation.  Cabinet was requested to note the predicted underspend and reduce the current Capital Programme accordingly.  Cabinet would be informed of the WAG’s decision on grant slippage in due course.

 

In respect of Parc Bryn Y Don Changing Rooms / Cricket Pavillion scheme, this was likely to be £80,000 underspend due to problems encountered with recent inclement weather.  As such, it was proposed that £80,000 funding be slipped into 2007/08 given that the works would be still ongoing during the next financial year.

 

Inclement weather conditions and external design issues had resulted in the Dyffryn House enveloping works being delayed resulting in a £65,000 underspend in the current financial year.  However, this funding was still required in 2007/08 to continue the work.  Therefore, Cabinet was requested to slip the above amount into the 2007/08 financial year.

 

Directorate of Learning and Development -

 

It was noted that the scope of the planned toilet refurbishment at St. Nicholas Church in Wales Primary School had been extended to include further works and the current budget was now insufficient to cover the whole scheme.  It was therefore proposed that the £20,000.00 budget in the 2004/07 Schools Asset Renewal Capital Budget be slipped forward and added to a further £15,000.00 from the 2007/08 Asset Renewal Budget and the work be completed next year.

 

In addition to the above matters appendixed to the report provided non financial information on all capital schemes with a budget over £100,000.00.

 

Given that certain elements of the report contained matters that were either contrary to or not wholly in accordance with the budget and would need to refer  to Council for approval.

 

 

RESOLVED -

 

(1)       T H A T, it be noted that the Chief Executive had exercised his emergency powers in respect of Education Asset Renewal to enable the underspend on the St. Athan Service Renewal to be vired to cover the schemes at Ysgol Gwaun Y Nant for roofing and classroom extensions.

 

(2)       T H A T the undermentioned changes to the Capital Programme be made:

 

(i)         The Flying Start Grant Budget of £116,000 received from the Welsh Assembly Government be accepted.

 

(ii)        The Building Safer Community Budget be increased by £8,000 to cover installation of a security gate at Barry Island Car Park which would be funded by a Home Office Grant.

 

(iii)       The Major Repairs Allowance Budget be increased to £2.7million to allow full utilisation of the Welsh Assembly Grant allocation during 2006/07.

 

(3)       T H A T Cabinet recommend to Council the following for approval and the Capital programme be amended accordingly:

 

(i)         The St. Nicholas Primary School Toilet Refurbishment Scheme budget be reduced to nil and that £20,000 be carried forward into 2007/08.

 

(ii)        The Duffryn House Enveloping Scheme budget be reduced to £485,000 and that £55,000 be carried forward into 2007/08.

 

(iii)       The Parc Bryn Y Don Changing Rooms/Cricket Pavilion Scheme budget be reduced to £495,000 and that £80,000 be carried forward to 2007/08.

 

(iv)       The Barry Central Station Scheme budget be reduced to £302,000.00 and that £402,000.00 be carried forward into 2007/08.

 

Reasons for decisions and recommendations

 

(1)       To endorse the action taken by the Chief Executive.

 

(2)       To allow schemes to be undertaken in the current financial year.

 

(3)       To allow schemes to be undertaken/completed in a future financial years.

 

 

C2923                        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.

C2924   MILL PARK COWBRIDGE (DEER) (SCRUTINY-ECONOMY AND ENVIRONMENT) (EXEMPT INFORMATION – PARAGRAPHS 21) –

 

Cabinet approval was sought to accept a gift of land from the Trustees of Mill Park.

 

The residents of Mill Park Cowbridge currently owned the land at the above site and was maintained by the residents as an open space.  The land ownership arrangements were a condition of the original planning approval for the development of Mill Park in circa 1965/66.

 

At that time the Council did not accept the open space and the residents subsequently purchased the Freehold from the developers to maintain an open approach to Mill Park.  The proposal was to convey this area of land to the Council at Nil cost with a condition that it should continue to be retained as an open space.  The Trustees had also offered to maintain the grass and trees at their cost for a period of 5 years after which it would become completely the responsibility of the Council.  The land was approximately 500 metres square in size with a frontage of approximately 50 metres to the River Thor.  The site was an attractive area of ground and that had occasional community use.

 

The Vale of Glamorgan Adopted Unity Development Plan 1996/2011 identified a deficit of public open space in the Cowbridge area.

 

The acceptance of land would reduce the overall deficit of public open space within the Vale and in particular increase  public open space available in Cowbridge.  The additional maintenance costs of this area were minor in relation to the benefits gained by the public land acquisition.

 

It was noted that local ward members had been consulted on the matter. 

 

This matter was for executive decision. 

 

RESOLVED -

 

(1)       T H A T That subject to no encumbrances the Council appropriates the land and enters into an agreement with the Trustees upon such terms and conditions as the Director of Finance, ICT and Property, Legal and Regulatory Services in consultation with the Director of Environmental Economic Regeneration deem appropriate.

 

(2)       T H A T the Director of Legal and Regulatory Services be given authority to draft, execute and complete the necessary legal documentation to complete the Leases and Management Agreements.

 

Reasons for decisions

 

(1)       To provide the Director of Finance, ICT and Property, Legal and Regulatory Services, Environmental and Economic Regeneration with the Authority to accept the land from the Trustees.

 

(2)       To obtain authorisation from the Cabinet to complete the land acquisition.

 

 

C2925                        WINDMILL LAND PAVILION AND PLAYING FIELDS – LLANTWIT MAJOR (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT (EXEMPT INFORMATION – PARAGRAPH 21) -

 

DEFERRED - pending a further report on the matter to include the comments of the Director of legal and Regulatory Services.

 

(NB: Councillor G. John withdrew from the meeting during consideration of the item).

 

 

C2926                        DISPOSAL OF LAND AT 57 HOLTON ROAD BARRY AND ACQUISITION OF LAND AT THE JUNCTION OF THOMPSON STREET AND GREENWOOD STREET, BARRY (DEER) (SCRUTINY) –

 

Cabinet had previously resolved to:

 

“(1)      That Authority be granted to the Director of Environmental and Economic Regeneration in consultation with the Director of Finance, ICT and Property to negotiate an exchange of land in respect of No. 57 Holton Road for the land at the junction of Thompson Street and Greenwood Street (Cabinet Minute No. C1967and C2348 refers) and the land adjacent to 86 Merthyr Street, Barry.”

 

Approval was now sought to fund the costs associated with the disposal of land at 57 Holton Road Barry and the acquisition of land at the junction Thompson Street and Greenwood Street, Barry.

 

Having regard to the above and related matters it was

 

RESOLVED -

 

(1)       T H A T authority be granted to the Director of Environmental and Economic Regeneration in consultation with the Director of Finance, ICT and Property to negotiate the disposal of land at 57 Holton Road Barry and the acquisition of land at the junction of Thompson Street and Greenwood Street Barry.

 

(2)       T H A T the urgency procedure be authorised as per Article 13 of the Council’s Constitution, if it is required, to grant authority to the Director of Environmental and Economic Regeneration to submit a funding request to WAG (DEIN) subject to final valuations being confirmed and to accept a 100% contribution to the market value cost of acquiring land at the junction of Thompson Street and Greenwood Street Barry, prior to the end of 2006/07.

 

(3)       T H A T the urgency procedure be authorised as per Article 13 of the Constitution, if it is required, to grant authority to the Director of Legal and Regulatory Services to prepare, complete and execute such documentation as is necessary to complete the disposal of land at 57 Holton Road Barry and the acquisition of land at the junction of Thompson Street and Greenwood Street Barry on behalf of the Council prior to the end of 2006/07.

 

(4)       T H A T Cabinet approves the amendment to the programme in respect of the disposal of land at 57 Holton Road Barry (approximately £130,000) and the acquisition of land at the junction of Thompson Street and Greenwood Street Barry (approximately £217,000) once the final valuation was confirmed.

 

(5)       T H A T the costs identified in paragraphs 11 and 12 of the report (approximately £10,000 and £4,000 respectively) be met out of the Barry Regeneration Partnership: Project Development Fund Allocation 2007/08.

 

(6)       T H A T subject to the formal view of WAG (DEIN) and the item of the above recommendations the Council owned site adjoining 56 Merthyr Street Barry should be considered for sale for residential development upon such terms and conditions as deemed appropriate by the Directors of Environmental and Economic Regeneration in consultation with the Director of Finance, ICT and Property.

 

(7)       T H A T subject to (Recommendation (6)) above, the Director of Legal and Regulatory Services be authorised to prepare, complete and execute the necessary legal documentation to effect the disposal.

 

Reasons for decisions

 

(1)       To facilitate the redevelopment of both sites in accordance with Corporate/Service objectives.

 

(2)       To capitalise on an external funding opportunity, to comply with the Council’s financial procedures and to complete the disposal of land at 57 Holton Road Barry and the acquisition of land at the junction of Thompson Street and Greenwood Street Barry before the end of 2006/07.

 

(3)       To protect the Council’s interests and to complete the disposal of land at 57 Holton Road Barry and the acquisition of land at the junction of Thompson Street and Greenwood Street Barry before the end of 2006/07.

 

(4)       To ensure the Capital Programme was kept up to date.

 

(5)       To enable the main contract for Holton Road Barry to be varied to include land at the junction of Thompson Street and Greenwood Street Barry at the earliest opportunity and to provide sufficient lead – in time for the works to commence under the current contract.

 

(6) and (7)  To facilitate the redevelopment of the sites.