CABINET
MINUTES of a meeting held on 4th July, 2007.
Present: Councillor Ms. M.A. Alexander (Chairman), Councillors R.F. Curtis, N.J. Gibbs, Mrs. V.M. Hartrey, G. John, Mrs. M. Randall, Mrs. M.R. Wilkinson and C.J. Williams.
Also present: Councillor N.P. Hodges.
C3093 APOLOGIES FOR ABSENCE -
These were received from Councillors S.C. Egan and N. Moore.
C3094 MINUTES -
RESOLVED - T H A T the minutes of the meeting held on 20th June, 2007 be approved asa correct record.
C3095 DECLARATIONS OF INTEREST -
Councillor G. John declared an interest in Agenda Item No. 16 in that he was a life-member of Llantwit Major AFC.
Councillor Mrs. V.M. Hartrey declared an interest in Agenda Items No. 12, 13 and 14 in that she was a member of a local Rambler’s Group which covered the areas concerned.
Both Councillors left the meeting whilst the respective Agenda Items were considered.
C3096 SCRUTINY REVIEW: A REVIEW TO EVALUATE THE LEVELS OF NURSERY PROVISION IN THE VALE OF GLAMORGAN (REF) -
Scrutiny Committee (Lifelong Learning) on 23rd May, 2007 received the final report of a review, which considered current nursery provision arrangements within the Vale of Glamorgan.
The review was attached at Appendix A to the report and contained eight recommendations for Committee’s consideration.
The review focused on establishing a clear picture of the current situation in terms of nursery provision within the Vale of Glamorgan. It examined the levels of provision in the nurseries provided by the Council and in those, which were privately operated. The review also considered issues around how geographical location impacted upon the ability to access nursery provision and how it affected demand for services.
The resource implication of the recommendations were noted by Committee, in particular the requirement for additional resources to enhance the levels of service provision.
Scrutiny Committee had recommended that the following recommendations be commended to Cabinet, subject to any comments of Scrutiny Committee (Community Wellbeing and Safety):
(1) Provide information through a range of communication channels including the website, community centre notice boards and through partners to raise awareness of the free nursery provision to ensure maximum take up of available services.
(2) Review the policy for allocating nursery places to determine whether it can be more flexible to enable a child to attend an alternative provider if there are genuine reasons to support this choice. This is in line with the Welsh Assembly Government directive or increasing parental choice.
(3) Extend the childcare database which details Council operated facilities and privately run playgroups to enable parents to make an informed choice about the appropriate form of childcare.
(4) Undertake a feasibility study for introducing transport provision to enable children who live in the rural Vale to have better access to services based in other parts of the Vale.
(5) Receive a report on the survey into the demand for Welsh Medium Education to be undertaken in 2007/08 to enable the Committee to consider the implications for nursery provision.
(6) Use the Wales Index for Multiple Deprivation and other relevant local data to help identify needs and gaps in service provision outside of the Flying Start areas. Information to be used to inform service provision and future opportunities for funding / bids.
(7) Undertake a survey of Nursery providers in Flying Start areas regarding their view of the impact of Flying Start and the benefits gained in twelve months time.
(8) Maximise opportunities to utilise the knowledge and relationships established through Flying Start to enhance services and support in other areas which are not directly benefiting from the Flying Start Programme
Cabinet noted that Scrutiny Committee (Community Wellbeing and safety) had, on 18th June, 2007, endorsed the above recommendations.
Cabinet, having considered the recommendations of the Scrutiny Committee (Lifelong Learning)
RESOLVED - T H A T the recommendations of the Scrutiny Committee (Lifelong Learning) be endorsed.
C3097 A JOINT SCRUTINY OF PARTNERSHIPS IN WASTE MANAGEMENT (REF) -
Scrutiny Committee (Economy and Environment) had agreed, in November, 2006 that an invitation from Cardiff and Newport Councils for this Council to join the Joint Scrutiny Committee investigating the possibility of a partnership for residual waste treatment and disposal be accepted (Minute No. 560). As part of the joint scrutiny exercise there had been visits to Project Integra, Hampshire; Shropshire Waste Management Partnership; North London Waste Authority; and Somerset Waste Partnership. In addition there had been a number of joint forum meetings to discuss the outcomes of the visits and to consider the report of the joint scrutiny, a copy of which was contained with the papers for this meeting. That report had been agreed at a joint forum on 30th May, 2007. The relevant Scrutiny Committee in the three other constituent authorities had already endorsed the report with the intention of the views of those Committees being forwarded to their respective Cabinet for consideration in July.
The recommendations proposed within that joint report were summarised as:
· the four Councils to continue to work in partnership to secure a regional waste management solution;
· that, in view of the fact that to progress a regional solution to being operational would take a number of years, the four constituent Authorities be recommended to make prompt practical progress as a matter of urgency;
· that, if the above recommendations were to be accepted, the four local Authorities formalise the partnership at the earliest opportunity, potentially through a Memorandum of Understanding;
· that, prior to defining the eventual partnership structure to be adopted, external advice be sought in order to evaluate the available options and identify the most appropriate model, that model to contain sufficient flexibility to allow other potential partners to join the partnership;
· that, since progressing to an operational solution would be highly resource intensive, each constituent Authority be recommended to make arrangements to identify and make available the necessary resources;
· that, since any partnership would require sound project management, the four constituent Authorities be recommended to appoint an independent Project Manager who would be accountable to the partnership;
· that a cross-Authority consultation and communication process be progressed at the earliest opportunity to gain support for the project and avoid unnecessary time delays later in the process.
A report was to be submitted to Scrutiny Committee (Economy and Environment) in July relating to the issue of resources following the findings of the recently undertaken affordability study. Another matter of prime concern was the matter of timescale given that a partnership approach would necessarily be somewhat protracted yet waste disposal costs and the likelihood of fines was relatively imminent. It was hoped that the timetable would be submitted to this Committee at the next meeting. As illustrated recently by the announcement of an incinerator in Cardiff and the assumption that Cardiff Council was involved, any Partnership needed to demonstrate a cohesive approach with a clear and positive public relations strategy. It emerged that the aforementioned announcement had been a private sector initiative.
The Officer Team involved in the joint scrutiny exercise was thanked by the Committee, as were the Members of the Task and Finish Group who had been so closely involved, whereupon it was
Scrutiny Committee on 20th June, 2007 had recommended that the report on the Joint Scrutiny of Partnership in Waste Management and its recommendations be endorsed and forwarded to Cabinet for adoption.
Cabinet, having considered the recommendation of Scrutiny Committee (Economy and Environment),
RESOLVED - T H A T the recommendation of Scrutiny Committee (Economy and Environment) be endorsed.
C3098 SPECIFIC GRANT EXPENDITURE - SUSTAINABLE WASTE MANAGEMENT (REF) -
Details were presented to Scrutiny Committee (Economy and Environment) on 20th June, 2007 of the expenditure incurred under the Specific Grant for Sustainable Waste Management (“the Grant”) for 2006/07 and endorsement sought for the proposed expenditure of the Grant for 2007/08, 2008/09 and 2009/10. The WAG provided the Grant in order to achieve the target for recycling and landfill diversion. The revised Grant allocation for this Council was:
2007/08 £1,359,422
2008/09 *£1,359,422
2009/10 *£1,359,422
(* = indicative amounts).
In 2006/07 the Grant had been spent on
· contribution towards funding of the existing domestic kerbside recycling in the Vale areas to 100% of properties
· contribution towards the introduction of fortnightly domestic collection of plastic and cardboard across the Vale
· green waste collection
· funding for waste educational and awareness initiatives
· contribute towards the costs of the enforcement team, flytipping, litter and dog fouling
· further development of waste management options including Phase 1 and 2 of the Waste Resource Park.
An under spend of circa £24k. from the previous year’s grant had been used to purchase reusable garden waste bags and to contribute towards the green waste collection service.
For 2007/08 it was proposed to use the Grant to promote and develop further the kerbside collection service, to monitor participation in that scheme and to prepare for changes to the waste management service. Specifically, it was proposed that Grant expenditure be broken down as follows:
· contribution towards funding existing domestic kerbside recycling in the Vale - £1,039,928
· green waste collection - £105,494
· waste educational and awareness initiatives - £123,000
· contribution towards the costs of the enforcement team covering flytipping, litter and dog fouling - £50,000
· further development of waste management options including Phase 1 and 2 of the Waste Resource Park - £41,000.
It was noted that it was anticipated that the indicative Grant of £1,359,422 for both 2008/09 and 2009/10 would be allocated as above although that would obviously be dependant on the Cabinet decision regarding changes to the waste management service.
Scrutiny Committee had recommended
(1) That the Grant expenditure for 2006/07 be noted.
(2) That Cabinet be requested to endorse the Grant expenditure allocated in line with the amounts for 2007/08 and indicative amount from WAG for 2008/09 and 2009/10 as follows and that further reports be submitted to this Committee in due course:
- contribution towards funding of the existing domestic kerbside recycling in the Vale (alternate weekly Wk1 paper, glass and cans, Wk 2 plastic and cardboard) to 100% of properties: £1,039,928;
- green waste collection £105,494;
- funding for Waste Educational and Awareness Initiatives: £123,000;
- contribute towards the cost of the enforcement team covering flytipping, litter and dog fouling: £50,000;
- further development of waste management options including Phase 1 and 2 of the Waste Resource Park: £41,000.
Cabinet, having considered the recommendations of the Scrutiny Committee (Economy and Environment)
RESOLVED - T H A T the recommendations of the Scrutiny Committee (Economy and Environment) be endorsed.
C3099 TOURISM STRATEGY (REF) -
Scrutiny Committee (Economy and Environment), on 20th June, 2007, considered the third draft of the Council’s Tourism Strategy. The document was commended and officers involved in its production thanked for their efforts. It was noted that since the document had been prepared one member of staff within the Tourism Team had left, and that the Council had forwarded comments on the Wales Coastal Tourism Strategy to the WAG.
It was noted too that there were various resource implications associated with the Tourism Strategy, particularly in terms of the development of the service and the proposed service to tourists in the future. The draft revised WAG Technical Advice Note 13 “Tourism” section referred to local authorities undertaking an assessment of the level and nature of the local tourism sector - a matter which had significant resource implications. Where resourcing proved to be a major priority of the implementation of the Strategy, further reports would be brought to this Committee and suitable partnerships explored. It was recognised that the aims of the Strategy were ambitious and that funding for tourism related initiatives was not awarded a high propriety given the other pressures on the Council’s budget. Subsequent discussion included the lack of accommodation in Barry and Penarth (although the increase in self catering accommodation in the rural Vale was welcomed), the scarcity of public toilets and the desirability of improved signage at appropriate locations.
Scrutiny Committee had recommended -
(1) That Cabinet be recommended to endorse the draft Tourism Strategy.
(2) That a consultation event be held with Members and stakeholders, including representatives of Chambers of Trade and Town / Community Councils.
(3) That the report be referred to the Community Liaison Committee as part of the consultation process.
(4) That Cabinet be requested to have regard to allocating resources to fulfil the promise of the strategy.
Cabinet, having considered the recommendations of Scrutiny Committee (Economy and Environment)
RESOLVED - T H A T the recommendations of the Scrutiny Committee (Economy and Environment) be endorsed.
C3100 HIGHWAY SAFETY CONCERNS, FFORDD Y MILENIWM, BARRYWATERFRONT (REF) -
Scrutiny Committee (Economy and Environment) on 20th June, 2007, considered a report which referred to highway safety concerns on Ffordd y Mileniwm and proposed mitigation measures. It was noted that the current Highways Agency Standard for safety audits (HD19/03) required that a safety audit be undertaken 12 months and 36 months after the opening of a scheme. Two independent safety audits had, therefore, been commissioned on the two sections of Ffordd y Mileniwm. The first had been undertaken by Arup in November 2001 for the section from Cardiff Road to the Hood Road railway overbridge and the second undertaken by Morgan Tucker Associates in May 2004 for the section from the Dock Office to Gladstone Bridge. The latter safety audit was specific to the content of the report and was appended thereto. Whilst all issues raised in the safety audit reports had to be considered by the Highway Authority and proposals made to mitigate any problems identified, some measures were deemed to be “essential” while others were merely “desirable”. Only those measures that were considered to be “essential” were referred to in the report.
The Safety Audit dated 2004 stated that it was “essential” that the following three issues were addressed as a matter of urgency, particularly for the three roundabouts between the Dock Office and Gladstone Bridge:
· planting and landscaping on the centre of roundabouts - the high level of planting and the provision of large boulders in the centre of roundabouts being considered inappropriate
· poor visibility for pedestrians and cyclists crossing adjacent to the roundabouts - that visibility being severely restricted due to the excessive amount of planting
· poor visibility for motorists, the audit recommending that the boulders and “heavy” landscaping should be removed from the centre of the roundabouts as soon as possible.
The costs of the removal of the boulders and the heavy landscaping from the three roundabouts referred to above together with the provision of the appropriate visibility as required by the Highways Agency Directives, together with funding for the scheme preparation and project management amounted to £38k.
The Safety Audit report also indicated that there was a lack of formal pedestrian crossing facilities along the length of Ffordd y Mileniwm. It was recommended, therefore, that either zebra or pelican crossing facilities should be placed at locations A and B as shown on the drawing appended to the report. It had to be noted, however, that those crossing facilities could not be provided until forward visibility at the roundabouts had been improved. Investigations had also taken place on the need for a pelican crossing on the link road to Gladstone Bridge as shown at location C on the drawing appended to the report. It was noted that although designs and costings for the three pedestrian facilities had not been finalised, the outturn costs were likely to be approximately £95k.
The report referred to the fact that the recently introduced provisions of the Police’s Road Deaths Investigation Manual could be implemented if, having recognised that a hazard existed, no action was taken to remedy the same. It was accepted that the Waterfront development had progressed considerably in the area of Ffordd y Mileniwm under consideration, but concerns were expressed at the proposal to remove the boulders and “heavy” landscaping from the roundabouts. Reference was made to the attractiveness of those roundabouts which contributed to the character of the area, to the fact that improved visibility could result in increased vehicular speed, and to the lack of accident data.
Scrutiny Committee had recommended -
(1) That the findings presented in the Safety Audit report appended to the report be noted.
(2) That further consideration be given to retaining the character of the roundabouts and the retention of the signs, and that a further report on options to improve visibility to submitted to this Committee.
(3) That additional funds be sought in due course from a future Asset Renewal Budget or the Capital Programme to undertake the further “essential” works to improve the safety of pedestrians, cyclists and motorists and to provide the three pedestrian crossings identified.
(4) That the report be referred to Cabinet for decision.
Cabinet, having considered the recommendations of Scrutiny Committee (Economy and Environment)
RESOLVED - T H A T consideration of the recommendations of the Scrutiny Committee (Economy and Environment) be deferred pending receipt by Cabinet of a further report from the Director of Environmental and Economic Regeneration.
C3101 BANNERS ON BRIDGES (REF) -
Since local government reorganisation in 1996, this Council had permitted the display of banners on bridges and, over 9 years, an average of 36 applications had been received annually. A charge of £110 was made per location per application, the sum covering officer time in managing the process and attending to incidents of banners becoming detached. Cabinet had, in March 2007, during its deliberations regarding a report on “Visible Services: Proposed Fees and Charges” asked for a further report on the feasibility of Council erecting and dismantling banners on bridges (and making a charge for this service).
Scrutiny Committee (Economy and Environment) had, on 20th June, 2007, considered a report which focused on the practice of allowing banners to be displayed from bridges from a view of highway safety. Locally, officers within the Engineering Design and Procurement Division had concerns in that any distraction to the driver of a vehicle could contribute to a road traffic collision and, should a banner become detached, then there was a chance it would fall into the highway below the bridge and could, once again, contribute to a road traffic collision. All Welsh unitary authorities had previously been approached to establish whether or not they permitted banners to be displayed on their bridges and, of the 8 responses received, only 1 authority allowed such activities. It was further noted that the WAG, which had responsibility for bridges on the trunk road and motorway network in Wales, did not permit the display of banners and that, in addition, the County Surveyors’ Society (CSS) had published a “Protocol for Highway Managers and Bridge Owners” which strongly advised against the practice of permitting banners to be attached to bridges. Attention was also drawn to the fact that the Police now tended to treat all road deaths as unlawful killings until the contrary was proven and, if the Police had reason to believe that any lack of action or foresight on the part of the Council could have contributed to that death, staff would be interviewed as if they had a criminal case to answer. Consideration was, therefore, necessary as to whether the promotion of the scale of the fees for the provision of banners on the Council’s bridges or to suggest providing such a service by the Council would be against the best practice advice from the CSS and the policy adopted by most other bridge managers.
Debate had ensued on the value of such banners advertising, for example, local events in attracting visitors into the Vale and informing the public in general of matters which might otherwise have escaped their attention. Small scale organisations frequently advertised by such means and any prohibition could affect their economic viability. In response to a question relating to the potential distraction caused by flowers, gifts, etc. being placed on the roadside where an accident had occurred, Members were notified that a report on measures to address the matter could be made to a future meeting.
Following a full exchange of views, Scrutiny Committee had recommend that Cabinet be urged to support the termination of the practice of permitting the display of banners on bridges.
Cabinet, having considered the recommendation of Scrutiny Committee (Economy and Environment)
RESOLVED - T H A T the recommendation of the Scrutiny Committee (Economy and Environment) be endorsed.
C3102 INFORMATION MANAGEMENT (CX) (SCRUTINY - CORPORATE RESOURCES) -
Cabinet received an update in respect of the purchase and implementation of an Electronic Document Records Management System (EDRMS) across the Council
The Information Management Strategy (April 2005) preceded the OneVale Business Case in September 2005. The Information Management Strategy included a “Systems Architecture” towards Information Management i.e.
“The basic premise in introducing a new Information Management architecture is the move from an unstructured to a structured way of organising documents and records. The recommended path involves a two stage approach - the first seeks to embed the proposed file plan within the current records (both paper and electronic) structure while the second addresses the need for more sophisticated integration with other corporate systems.”
Corporate back office systems to be integrating into EDRMS include:
· SWIFT (Social Services)
· OHMS (Housing Repairs and Rents)
· Academy (Council Tax, NNDR and Housing Benefits)
· Strand (Electoral Registration)
· Flare (Public Protection)
· Datawright (Planning)
· Immediacy (Content Management System - Website / Intranet)
· Oracle e-Business Suite (corporate system for Financials, HR, Payroll and Customer Relationship Management).
It was acknowledged that the work associated with Freedom of Information, Data Protection and the implementation of an EDRMS was significantly more than when first envisaged, particularly when the Information Management Strategy was initially drafted. This has impacted on the Council’s proposals for implementing EDRMS.
The implementation of an EDRMS would effectively change the way Directorates work by the development of consistent filing and archiving rules in relation to both paper and electronic records. As outlined in the Information Management Strategy, the project could be divided into two stages -
· Stage 1 - this involved rolling out an EDRMS with an integrated file plan (Local Government Classification Scheme) across the Council where staff saved documents electronically
· Stage 2 - integration to line of business systems including access from the Contact Centre to obtain information (this is where the Council would realise the majority of benefits). Some BPR work would be required for system workflows which should provide efficiency savings.
The main efficiency benefits of an EDRMS include the facilitation of:
· save space, staff and photocopying costs
· virtual staff savings i.e. increased productivity
· centralise scanning, post opening and paper filing
· free up offices and storage space
· less telephone costs and a quicker response time in finding information
· one stop shop and access to information
· duplicate files, e-mails and attachments stored in one place reducing storage costs. This would have a significant knock-on effect towards future accommodation requirements
· improved service delivery to the customer
· reducing officer time in administrative duties i.e. paper filing
· improved organisational reputation
· able to share information with other organisations
· document workflow process efficiencies
· savings in storing paper - the Record Management Unit had a limited capacity
· enable flexible working
· efficiency savings
· prevents loss of valuable information
· less time spent searching for information.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the tender for a Corporate Electronic Document Records Management System (EDRMS) be approved and that delegated authority be granted to the Director of Finance, ICT and Property Services, in association with the Deputy Leader, to accept the most advantageous tender (cost and quality).
(2) T H A T the appointment of an Electronic Document Records Management System (EDRMS) System Administrator position be approved.
(3) T H A T a copy of the report be referred to Scrutiny Committee (Corporate Resources) for information.
(4) T H A T Cabinet exercise its statutory powers pursuant to Section 111 of the Local Government Act 1972 and Section 2 of the Local Government Act 2000 in relation to the implementation and operation of an Electronic Document Records Management System.
Reasons for decisions
(1) To test the market with regard to the purchase of an EDRMS.
(2) To ensure appropriate EDRMS resources for both the short term (five years) and long term future of the project.
(3) To allow Scrutiny Committee (Corporate Resources) to consider the contents.
(4) To comply with the lawfulness provision of the first principles of the Data Protection Act 1988.
C3103 CHANGES TO THE RESPONSIBILITY FOR MAKING PUBLIC RIGHTS OF WAY ORDERS (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet were informed of the reallocation of the responsibility for making Public Rights of Way Orders, and received a brief outline of some of the procedures relating to this responsibility.
The effect of the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 was to reallocate certain functions previously the responsibility of Council, to the Executive. The Regulations consolidated the 2001 Regulations and all subsequent amendments and continued to have the effect of making most local authority functions the responsibility of the Executive.
Public Rights of Way Orders made under the Highways Act 1980 and the Wildlife and Countryside Act 1981 had been reallocated and were now the responsibility of the Executive. Orders made under the Town and Country Planning Act 1990 had not been reallocated and could still be decided at Planning Committee.
Orders made under the Highways Act 1980 largely related to physical changes to the Rights of Way network. They could include Public Path Creation Orders, Public Path Extinguishment Orders and Public Path Diversion Orders. The overwhelming majority of Orders were for the diversion of a path, whether under the Highways Act or the Town and Country Planning Act.
Such orders could be initiated by the Authority, or could originate as a result of an application from the landowner. Grounds for making an application for a Diversion Order are vague, but it is expedient to do so in the interests of the owners, lessee or occupier of the land crossed by the paths in question, or that it is expedient to do so in the interests of the public. New legislation in the Countryside and Rights of Way Act 2000 (CROW Act) applied these grounds specifically to applications relating to agriculture, forestry, the breeding and keeping of horses, and school security.
A Council may make such an Order if it was satisfied that it was demonstrably expedient to do so in the interests of the owners, lessee or occupier of the land crossed by the paths in question, or that it was demonstrably expedient to do so in the interests of the public. The charge for making an Order could be set by the Authority and it currently stood at £1,000 in the Vale of Glamorgan (including statutory notices in the press).
Such an Order could not be confirmed by the Council unless it was unopposed, and that the Council was satisfied that the path would not be substantially less convenient to the public as a result of the diversion. Before confirming the Order, the Council must also have regard to the effect of the diversion on the public enjoyment of the path as a whole and the effect on land crossed by the existing path or the proposed path.
If an Order were opposed, it could not be confirmed but would be passed to the Welsh Assembly Government along with the objection, for them to consider whether or not the Order should be confirmed.
In the past authorisation to make an Order had included authorisation to confirm by the Public Rights of Way Officer in accordance with the above criteria without the further report to the Planning Committee.
Orders made under the Wildlife and Countryside Act essentially make changes to the Definitive Map, the legal record of Public Rights of Way network. Orders diverting, extinguishing and creating paths do not in themselves enable the Definitive Map to be updated to reflect the changes they make on the ground. A separate Definitive Map Modification Order (DMMO) is required to make any change to the Definitive Map record itself.
Such Orders could be initiated by the Authority, or could originate as a result of an application from a member of the public. The majority of DMMOs follow routinely on from the confirmation of an earlier Diversion, Extinguishment or Creation Order, and were known as legal event Orders. These were routine matters, and needed no advertising and had been the subject of delegated powers.
Applications from members of the public for changes to be made to the Map however were not routine and were required to be dealt with in a specific way. Usually they arose from requests for a path to be added to the map where a route had been in use on the ground for a number of years. Such cases were to be heard in a quasi-judicial manner, with the decision making body considering evidence put forward by both the applicants and their opponents before deciding whether or not to make an Order based on that evidence.
In the past such applications had been heard by a Sub-Committee of the Planning Committee in a specially convened public meeting. If an Order was subsequently made, it was advertised for objection, and conversely if an Order was not made the applicant had recourse to object to WAG. Inevitably therefore such matters would usually be referred to the Planning Inspectorate for a Public Inquiry where the Council’s decision could be examined.
There were numerous applications for Footpath Diversion Orders under the Highways Act now awaiting resolution, and detailed reports appeared later on the Cabinet agenda. There were also two applications from members of the public under the Wildlife and Countryside Act currently being investigated, one of which had been briefly reported to the Planning Sub-Committee which adjourned for further evidence, and another nearing readiness to be reported in the meantime. These would shortly require consideration by the Executive.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the changes brought about by the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 be acknowledged.
(2) T H A T all applications for Footpath Orders be considered by a Cabinet Sub-Committee comprising Councillors G. John, R.F. Curtis and C.J. Williams, with delegated powers.
(3) T H A T a further report be brought before the Sub-Committee established above outlining a procedure by which Cabinet would deal specifically with applications made under Section 53 of the Wildlife and Countryside Act 1981.
Reasons for decisions
(1) To ensure compliance with the law.
(2) To enable decisions on the making of Public Rights of Way Orders to continue.
(3) To keep the Cabinet informed of the background to the making of such orders.
C3104 DEFINITIVE MAP. APPLICATIONS FOR PUBLIC PATH CREATION / DIVERSION AND EXTINGUISHMENT ORDERS (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet were informed of the applications for the creation / diversion and extinguishment of Public Footpaths at various locations identified within the report, and approval was sought for the making of the relevant Creation / Diversion and Extinguishment Orders.
(i) Footpath Diversion Order Nos 15 and 49 - Barry
These particular applications related to paths that run through the gardens of dwellings and which should have been diverted before the housing developments were commenced.
The routes of the proposed diversions and lengths of the paths to be stopped up were shown on maps attached to the report.
The current route of the Public Footpath No. 15 Barry runs initially up a steep bank (Point A on the map) and then continued through thick vegetation before descending a second steep bank (Point C of the map). This section was the subject of the diversion application. The path then continued north-north-eastwards through dwellings in Hathaway Place to terminate in David Street. This section of the path was the subject of separate Extinguishment Order.
The intention of the application was to divert the route along the existing gravel path (A-D-B-C as indicated on the map) which had concrete steps with handrails at both ends. The gravel path and steps were maintained by the Parks Department and were currently used by the public as a substitute for the inaccessible Public Right of Way.
If the path were to remain on its existing alignment (A-B-C), and for safety reasons, it would require the construction of two sets of steps in order to ascend and descend the steep banks, the removal of established vegetation and the construction of a path surface.
The specific event that formed the grounds for the application to divert Footpath No. 15, Barry, was that the northern section of the path ran through dwellings and was not diverted when the development took place. This section was therefore the subject of a separate Extinguishment Order.
In considering the extinguishment of the northern section it was felt that the route of the southern section of the path should be considered at the same time in respect of the safety to the general public.
The steep banks at both ends of the path become very muddy and slippery when the weather is damp / wet and therefore dangerous. In order to climb the bank safely it would be necessary to construct two sets of concrete steps together with an access in the existing handrail near Arden Way to allow the right of way to cross the existing path. Thick vegetation was currently protecting the boundary of 19 Coldbrook Road and the clearance of it would expose a very large boundary to this property. To ensure that the existing route of the Right of Way was fully passable this would also entail the clearance of thick vegetation on the northern section of the path, which in turn would change the landscape on this exposed hilltop.
It appeared to be more prudent to divert the Right of Way onto the existing Parks maintained path rather than to a second currently inaccessible Right of Way, which would require work to bring it up to a safe standard.
The application to divert section A-B-C as indicated on the map was being made under Section 118 of the Highways Act 1980 and was not public generated. The application was being undertaken as part of the ongoing review of the Definitive Map.
(ii) Public Footpath No. 49 - Barry
When the dwellings were built on Trem y Don and Marine Drive, no application had been received to divert Public Footpath No. 49 Barry and as a consequence the present Public Footpath No. 49 Barry (marked A-C-B on the map attached to the report) traverses several properties and their respective gardens in both Marine Drive and Trem y Don.
The application was being made under Section 119 of the Highways Act 1980. Orders made under the Highways Act 1980 essentially related to the physical changes to the Rights of Way network on the ground.
At present Footpath No. 49 Barry traverses several properties and their respective gardens in Marine Drive and Trem y Don. The intention of the application was to divert the path along the adopted highway in Marine Drive and then proceed north-north-eastwards through an unadopted lane between 40 and 41 Marine Drive to terminate on the adopted highway to the north of 23 Trem y Don.
Whilst it was feasible that the path could be extinguished, it was felt that the diversion along the unadopted lane would protect the lane by providing it with higher rights, thus controlling any possible future developments. Diversion would also provide a direct route from the open land of Marine Drive to Porth y Castell.
The diversion was not public generated and the application was being undertaken as part of the ongoing review of the Definitive Map.
(iii) Foothpath Extinguishment Order Nos 9, 15, 17, 19 and 51 - Barry
These particular applications related to paths that run through the gardens of dwellings and which should have been diverted before the housing developments were commenced as far back as the 1950s. No applications had been received for any diversions to these paths. The routes of the proposed extinguishments shown on maps attached to the reports and the lengths of the paths to be stopped up were shown as a solid black line.
The applications were being made under Section 118 of the Highways Act 1980. Orders made under the Highways Act 1980 essentially related to the physical changes to the Rights of Way network on the ground.
The Definitive Map was currently being updated and it was felt to be unwise that the paths in their present alignment be allowed to remain on the map, as the public have a right to pass along the route of the paths at all times irrespective of whether they pass through a dwelling house or not.
At present the foothpaths were inaccessible and impossible to walk due to the various obstacles and as the adopted highway already provided alternative routes to these paths, it was considered that diversions were not necessary in these cases.
None of the proposed extinguishments were public generated and the applications were being undertaken as part of the ongoing review of the Definitive Map.
(iv) Footpath Diversion Order No. 16 - Llanblethian
This particular application related to a section of the path that runs through the dwelling and garden of 9 Maes Lloi and then through the gardens of 7 and 10 Maes Lloi, Aberthin.
The route of the proposed diversion was shown on the map attached to the report. The length of the path to be stopped up was shown as a solid black line and the length of new path to be created was shown as dashed black lines.
The intention of the application for No. 16 Llanblethian was to divert the route from the kissing gate between the two fields (Point A on the map) and then follow the field’s boundary hedge to the kissing gate adjacent to the field gate between Nos. 2 and 3 Maes Lloi (Point B on the map). The path would then link to its original termination point (Point C on the map) via the adopted highway.
Walkers were currently walking along this proposed route, and the landowner/ farmer also requested that walkers take the same route rather than walk directly across the field.
The application was being made under Section 119 of the Highways Act 1980. Orders made under the Highways Act 1980 essentially related to the physical changes of the Rights of Way network on the ground.
The Definitive Map was currently being updated and it was felt to be unwise for the path in its present alignment to be allowed to remain on the map, as the public had a right to pass along the route of the path at all times irrespective of whether they had to pass through a dwelling and private gardens.
The proposed diversion was not public generated and the application was being undertaken as part of the ongoing review of the Definite Map.
(v) Footpath Creation Order No. 48 - Llantwit Major
This particular application related to the path that runs from High Meadow to Colhugh Street along the passage known as The Drangway.
The route of the proposed creation was shown on the map attached to the report. The length of the path to be created was shown as dashed black lines. The existing length of path was shown as a solid black line.
The current route of the Public Footpath No. 48 Llantwit Major runs from High Meadow (Point B on the map) to a set of historical steps between Victoria House and 2 Alma House (Point A on the map). The Definite Map terminated at this point.
The intention of the application for No. 48 Llantwit Major was to create an extension to the path from the stone steps and terminate directly on Colhugh Street (Point C on the map), thus protecting the full length of the lane by giving it prescription rights.
Victoria House had installed bollards and chain link fence in order to create a hardstanding for off-road parking. The showing of a Public Right of Way on the Definite Map would control any further development being carried by either No. 1 or No. 2 Alma House creating either hardstanding or enclosures.
The application was being made under Section 26 of the Highways Act 1980. Orders made under the Highways Act 1980 essentially related to the physical changes to the Rights of Way network on the ground.
The Council had been unable to trace the owner of the land on numerous occasions over the years. The owners of Victoria House had erected bollards and chain link fence to crate a hardstanding, thereby reducing the width of the land by 50%. In order to control any further development of a similar nature by either 1 or 2 Alma House, it was necessary to extend the path fro the steps so that it was able to terminate on Colhugh Street by granting rights to the lane, which would thereby protect the status of the whole lane.
The proposed creation was not public generated and the application was being undertaken as part of the ongoing review of the Definitive Map.
(vi) Footpath Extinguishment Order No. 12 - Penarth
This particular application related to a path that runs through dwellings and their respective gardens and which should have been diverted or extinguished before the housing development was commenced. However no application had been received for any diversion to the path, and therefore the path remained on the Definitive Map running directly through the dwellings.
The route of the proposed extinguishment was shown on the map attached to the report. The length of the path to be stopped up was shown as a solid black line (A-B).
The application was being made under Section 118 of the Highways Act 1980. An order made under the Highways Act 1980 essentially related to the physical changes to the Rights of Way network on the ground.
The Definitive Map was currently being updated and it was felt to be unwise for the path in its present alignment to be allowed to remain on the map, as the public had a right to pass along the route of the path at all times irrespective of whether they had to pass through a garden or not.
The specific event that formed the grounds for the application to extinguish No. 12 Penarth was that the path runs through dwellings and private gardens and was not diverted when the development took place.
A diversion was not being considered as the adjacent adopted highway network provided an alternative route to the new commencement point of Public Footpath No. 12 Penarth.
The proposed extinguishment was not public generated and the application was being undertaken as part of the ongoing review of the Definitive Map.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the Director of Legal, Public Protection and Housing Services be authorised to make Orders under Section 26, Section 118 and Section 119 of the Highways Act 1980 to Create, Extinguish and to Divert the Public Footpaths as listed below:
· Application for Public Path Diversion Order Nos 15 and 49 - Barry
· Application for Public Path Extinguishment Order Nos. 9, 15, 17, 19 and 51 - Barry
· Application for Public Path Diversion Order No. 16 - Llanblethian
· Application for Public Path Creation Order No. 48 - Llantwit Major
· Application for Public Path Extinguishment Order No. 12 - Penarth
(2) T H A T, provided no objections are received, the Director of Legal, Public Protection and Housing Services be authorised to confirm the Orders on the expiry of the relevant Notice Periods.
Reasons for decisions
(1) The Orders are required for the security and convenience of the owners of the dwellings and for the safety and convenience of the users.
(2) To correct anomalies on the Definitive Map of Public Rights of Way.
C3105 APPLICATION FOR A PUBLIC PATH DIVERSION ORDER - YSTRADOWEN 7 (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet were informed of an application for the diversion of Public Footpath No. 7 Ystradowen and were requested to grant approval for the making of the relevant Diversion Order.
Penllyn Community Council had asked the Council that the situation at this particular location on Public Footpath No. 7 Ystradowen be resolved, either by construction works or by a diversion of the route.
The present proposal came as a result of an approach to the owner of the affected land, initially with a view to allowing Valeways access to enable the restoration of the original route over the embankment that carried a railway line. The line itself had long been disused, and the footpath crossing it between Points B and C on the map attached to the report, which was maintained by the railway company when the line was operational, had similarly fallen into disuse. The work would comprise two small bridges over drainage channels and flights of steps up and down the banks on each side, all structural items which would normally be the responsibility of this Authority.
An informal route had been used in its place but it was sometimes obstructed by the landowners during their normal farming operations. The landowners had suggested the informal route be used as an alternative to carrying out this work, and also agreed to a formal diversion of the path onto this route provided they incurred no costs in doing so. This would include the construction of a stile that would be needed to remove the intermittent closure that presently occurred.
In the light of the expense of restoring and maintaining the original route, coupled with the alternative route being substantially more convenient for users, it was therefore proposed that an Order be made to divert the path, with no reimbursement of costs falling to the owners of the land. The route of the proposed diversion was shown on the map attached to the report. The length of path to be stopped up was shown as a solid black line A-B-C and the length of the new path to be created was shown as a dashed black line A-D-E-C.
Valeways were anxious to have this route improved, and had agreed to carry out all the physical works required on the ground to bring the new path into being. These consisted of a single stile and some way marking.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the Director of Legal, Public Protection and Housing Services be authorised to make an Order under Section 118 of the Highways Act 1980 diverting Public Footpath No. 7 Ystradowen as shown on the map attached to the report.
(2) T H A T, provided no objections are received, the Director of Legal, Public Protection and Housing Services be authorised to confirm the Order on confirmation by the Public Rights of Way Officer that the required works had been satisfactorily completed.
(3) T H A T the landowner be not required to reimburse the Council for the cost of making the Order.
Reasons for decisions
(1) The Order is required for the convenience of the users.
(2) There are works to be carried out by Valeways on the new route of the path.
(3) The savings to the Council in material, construction and future maintenance costs outweigh the expense of making the Order.
C3106 APPLICATION FOR A PUBLIC PATH DIVERSION ORDER - ST. LYTHANS NO 9 (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet were informed of an application for the diversion of Public Footpath No. 9 St. Lythans and were asked to approve the making of the relevant Diversion Order.
An Order diverting this path had been made by the Council in 1998. It had been supported by the local Ramblers’ Association group, but opposed by one of their members, who lodged an objection. The diversion was not pursued further through the normal channels but instead became a matter of further debate. The objector had sadly passed away some time ago, and local users have now asked that the Diversion Order be resurrected.
The present proposal came as a result of an approach from Valeways to this Council to include this route in their improvement programme, again following requests from local users. The earlier proposed diversion route (with one minor amendment between C-G-D as marked on the map attached to the report) had become an informal route preferred by walkers, but it was badly in need of some furniture renewal, which Valeways wished to carry out.
The owner of the affected land had been approached and had agreed to allow the Diversion Order to be resurrected, including the minor amendment, but following his experience on the last occasion did not expect to have to reimburse the Council on this occasion. This request for a diversion effectively therefore came from users and not from the landowner, and it was proposed that he not be asked to contribute to the cost of making this Order.
Valeways were anxious to have this route improved, and had agreed to carry out all the physical works required on the ground to bring the new path into being. This consisted of several stiles and waymarks.
The route of the present proposed diversion was shown on the map attached to the report. The length of the path to be stopped up was shown as a solid black line A-B-C-D and the length of the new path to be created was shown as a dashed black line A-E-F-C-G-D.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the Director of Legal, Public Protection and Housing Services be authorised to make an Order under Section 118 of the Highways Act 1980 diverting Public Footpath No. 9 St. Lythans as shown on the map attached to the report.
(2) T H A T, provided no objections are received, the Director of Legal, Public Protection and Housing Services be authorised to confirm the Order on confirmation by the Public Rights of Way Officer that the required works had been satisfactorily completed.
(3) T H A T the landowner be not required to reimburse the Council for the cost of making the Order.
Reasons for decisions
(1) The Order is requested for the convenience of the users.
(2) There are works to be carried out by Valeways on the new route of the path.
(3) The landowner has agreed to the application for the diversion being made on condition that he incurs no costs.
C3107 APPLICATION FOR A PUBLIC PATH DIVERSION ORDER - PENDOYLAN 36 (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet were informed of an application for the diversion of Public Footpath No. 36 Pendoylan, and approval was sought for the making of the relevant Diversion Order.
The application had been received from Mr. and Mrs. J. Evans of Cefn Llys, Hensol, and related to the path through the grounds of Cefn Llys, including the garden of the present property, and the yard of the old farmstead.
The route of the proposed diversion was shown on the map attached to the report. The length of the path to be stopped up was shown as a solid black line A-B-C-D and the length of the new path to be created was shown as a dashed black line A-E-F-B-G-H-D.
The application followed improvements to and promotion of the footpath network in the area, including No. 36 Pendoylan, which was carried out by Valeways in 2005. Part of the works included the erection of two stiles and waymarking along a permissive path around the farm buildings at Cefn Llys. The permissive route was created at the request of Mr. and Mrs. Evans to avoid the gate and driveway of their home and also to discourage users from getting close to the ruined farmstead which they felt posed a danger to walkers.
This informal path had been used in the intervening period, bringing the previously neglected route back into use. The owners now wished to formalise this arrangement by legally diverting the route of Public Footpath No. 36 Pendoylan onto the permissive path for reasons of increased security for Cefn Llys and for the convenience and safety of the users of the public path.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the Director of Legal, Public Protection and Housing Services be authorised to make an Order under Section 118 of the Highways Act 1980 diverting Public Footpath No. 36 Pendoylan as shown on the map attached to the report.
(2) T H A T, provided no objections are received, the Director of Legal, Public Protection and Housing Services be authorised to confirm the Order on the expiry of the Notice Period.
Reasons for decisions
(1) The Order is required for the security and convenience of the applicants and for the safety and convenience of the users.
(2) There are no works to be carried out on the new route of the path.
C3108 WINDMILL LANE PAVILION AND PLAYING FIELDS, LLANTWIT MAJOR (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet approval was sought to enter into Licence Agreements to enable the Windmill Lane site to be appropriately managed.
Currently Llantwit Major AFC and Llantwit Major Cavaliers Cricket Club managed the Pavilion and the pitches. All games were booked through the Llantwit Major Leisure Centre. Continuation of this arrangement was important as casual users require and were encouraged to use the facilities.
There had recently been changes in the club organisation and there were now three primary users of the site, Llantwit Major AFC, Llantwit Major Junior Football Club and Llantwit Major Cavaliers Cricket Club. The Junior Football Club was agreeable that it need not be a signatory to any Agreement but would require the provision of services suitable to the needs of their respective League. It was also noted that Llantwit Major AFC had a greater number of teams now playing and had requested that their first and second team should not pay a match fee as part of the proposed Agreement.
Over the years, discussions had been held with the Clubs and Council officers to determine the best mechanism for the management of the site. There were a number of options available to the Council which ranged from taking the site back into direct Council management to extending the roles of the clubs. As the current arrangements generally worked well, it was felt that this would be the most suitable course of action in that it would support the needs and aspirations of the community and provide for a degree of local determination. It also quite clearly reduced the Parks Section’s costs by the lead club undertaking a number of functions which reduced the resource requirement on the Parks Section. It was therefore proposed that consideration be given to approving that Licences be entered into between the Council and the Clubs.
In order to safeguard the Council’s interests, it was suggested that similar terms to those which currently existed concerning the management of the site be incorporated into the Licences, principally:
(a) Llantwit Major AFC pay an annual fee of £300 for the use of two pitches by their first and second teams which would play on pitch three. LMAFC would not have exclusive use of pitch three.
(b) All bookings and payments for the use of the Pavilion and cricket and football pitches must take place through Llantwit Major Leisure Centre.
(c) Llantwit Major AFC and Llantwit Major Cavaliers shall be individually responsible of the cleaning of the Pavilion during their respective seasons.
(d) Llantwit Major AFC will have sole responsibility throughout the term of the Licence for keeping the Pavilion in good and tenantable condition.
(e) Use of the Pavilion and pitches will be forbidden after 10.00pm.
(f) Llantwit Major AFC will be solely responsible for the maintenance and repair of the proposed stand and perimeter fencing.
(g) Llantwit Major AFC and Llantwit Major Cavaliers shall both be responsible for providing appropriate insurance for their respective use of the premises.
It was noted that the above list was not exhaustive and would be finalised following negotiations with the clubs in question.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the Director of Finance, ICT and Property negotiates and agrees the term and condition of the appropriate Licences concerning the use and management of the site in consultation with the Director of Legal, Public Protection and Housing Services and the Director of Environmental and Economic Regeneration.
(2) T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute the new Licences of behalf of the Council and register the same.
Reasons for decisions
(1) To support the work of the voluntary group in the Vale of Glamorgan.
(2) In order to execute and enter into appropriate legal documentation which will safeguard the Council’s interests.
C3109 SCHOOL INSPECTION REPORTS (DLD) (SCRUTINY - LIFELONG LEARNING) -
Cabinet were apprised of the outcomes of the School Inspections undertaken in the Spring Term 2007.
During the Spring Term, one nursery, one infants, one primary and one comprehensive school had been inspected, namely:
· Cogan Nursery (Full)
· Dinas Powys Infants (Short)
· Peterston-Super-Ely Church in Wales Primary (Standard)
· Barry Comprehensive (Standard)
Copies of the summary reports for each school were attached to the report.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the outcomes of the School Inspections be noted.
(2) T H A T the schools concerned be congratulated on the many positive elements of the reports.
Reasons for decisions
(1) To enable elected Members to be kept informed of the progress of maintained schools.
(2) To recognise the achievements of schools.
C3110 REVIEW OF SCHOOL MEAL PRICES (DLD) (SCRUTINY - LIFELONG LEARNING) -
RESOLVED - T H A T consideration of this item be deferred.
C3111 PROPOSED AMALGAMATION OF ROMILLY INFANT AND JUNIOR SCHOOLS (DLD) (SCRUTINY - LIFELONG LEARNING) -
Cabinet were updated on the outcome of the informal consultation, and were asked to approve the progress with regard to the publication of the statutory notices.
Cabinet approval had been previously provided to undertake informal consultation regarding the possible amalgamation of Romilly Infant and Junior Schools.
A joint meeting had been held with the governing bodies of both schools on 26th March, 2007. Subsequently a public meeting had been held on 9th May, 2007. A survey had also been distributed to parents.
There was overwhelming support for the amalgamation and positive support for the proposal. Of the 74 surveys returned, 71 supported the amalgamation. All surveys returned were acknowledged with further information provided where requested.
The next stage of the process was to commence formal consultation. This required publication of statutory notices. To avoid the school holiday period these would need to be published at the beginning of September. The statutory notices would be published for a period of two months with the public given a further month to make objections. The Authority would need to inform the Welsh Assembly Government of any objections. The outcome of the formal consultation process would be reported back to Cabinet.
The earliest the amalgamation could take place would be September 2008. The amalgamation would coincide with the retirement of the Headteacher and Deputy Headteacher from the Infant school. No other redundancies were envisaged. It was also reported that the amalgamation would necessitate minor building adaptations. Work was currently in hand to specify the required adaptations.
This was a matter for Executive decision.
RESOLVED - T H A T the publication of statutory notices in September 2007 be approved.
Reason for decision
To enable the formal consultation process to commence with regards to the proposed amalgamation of Romilly Infant and Junior Schools.
C3112 PUBLISHING FOOD HYGIENE INFORMATION - SCORES ON DOORS (DLPPHS) (SCRUTINY - CORPORATE RESOURCES) -
Cabinet endorsement was sought for the introduction of a “Scores on Doors” Scheme in the Vale of Glamorgan.
The aim of the Scores on Doors Scheme would be:
· to provide information about the level of compliance with hygiene legislation to consumers in a way that is clear, easy to understand and available at key places for reference.
· To drive up public health standards by encouraging business to comply with hygiene legislation.
The scope of the proposed pilot scheme covered all food business sectors such as retail and catering. It was intended to include all categories of food premises from an agreed common start date - 1st January, 2006. However, the scheme would exclude sole traders operating from a residential address (e.g. home caterers, child minders) until the situation with data protection and individual addresses has been clarified. The scheme acknowledged that consumers needed easy access to information and it was intended to publish the information on the Council’s website and to provide window stickers to business indicating their hygiene rating.
Each business would be allocated a star rating ranging from no stars (very poor) to 5 stars (excellent). The scoring would be based on compliance with the National Food Safety Code of Practice with three areas being scored in accordance with the Code:
a) Confidence in Management
b) Compliance - Hygiene and safety
c) Compliance - Premises structure.
At the start of the project the scores would be taken from the last primary inspection. Whilst appeals against the scoring would be fed through the normal customer complaints process within the Council, business would be given a “right of reply” on the Council’s website. This would provide businesses with an opportunity to explain if improvements have been made.
To ensure there were no additional burdens to the Council in terms of additional inspections arising from the scheme, business would not be re-inspected on request with the purpose of improving scores. Scores would be amended as appropriate during the next planned inspection. This policy was in accordance with the pilot scheme. In developing the scheme consideration was given to charging businesses for secondary inspections but it was felt that this may disadvantage and be an unnecessary burden on some businesses.
Consistency of inspections was a key challenge within the scheme. However this Council already had a robust internal consistency scheme in place. Further, a protocol to ensure a consistent approach to inspections across all pilot authorities had been produced.
This was a matter for Executive decision.
RESOLVED - T H A T the introduction of the Scores on Doors Scheme in the Vale of Glamorgan be endorsed.
Reason for decision
To provide public information on food premises standards.
C3113 HOMELESS LEASING SCHEMES (DLPPHS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -
Approval was sought for the introduction of a pilot Homeless Leasing scheme to increase the supply and quality of temporary accommodation provision for Homeless clients within the Vale of Glamorgan.
It was reported that the pressure on the existing supply of temporary accommodation in the Vale was increasing against a backdrop of increasing homeless enquiries and acceptance of duties for both temporary and permanent accommodation.
The Council’s current statutory temporary accommodation service was provided via the Hafan Treharne Hostel, spot purchase of bed and breakfast accommodation, private sector lettings within the private rented sector, and a small number of Local Authority dwellings.
Ultimately there was a limited supply of suitable temporary accommodation that was located in all areas of the Vale. This was especially the case in both Penarth and the Rural Vale.
A presentation was made by Newydd Housing Association to the Housing Sub-Committee outlining their homeless leasing scheme operating in other Local Authority areas. A number of other locally based housing associations operated similar schemes in Wales. The impact of such a scheme would be to increase the supply of quality accommodation without the need for substantial capital investment supported by the General Fund and was therefore seen as a preferred vehicle for increased capacity and standards.
There were three types of leasing schemes which may be utilised to provide temporary accommodation in Wales to households owed a duty under Part VII of the Homelessness legislation. These were:
1) Housing Association Leasing. Such schemes were commonly known as Registered Social Landlord (RSL) or Housing Association Leasing (HALS) Schemes.
2) Local Authority leasing accounted for in the General Fund. Such schemes were commonly known as Private Sector Leasing (PSL).
3) Local Authority leasing accounted for in the Housing Revenue Account (HRA leasing).
Properties to be leased could be obtained by either renting or by purchasing a property on the open market, depending on which scheme was being considered. For instance a Housing Association could purchase a property and lease it to a local authority. The advantage of purchasing properties over leasing was that it increased the supply of temporary accommodation, rather than utilising the existing private sector pool of properties.
It was felt that all of these schemes could result in good quality, cost effective temporary accommodation being procured. However, each scheme operated in a different way and different rules applied re the level of Housing benefit Subsidy payable to a local authority.
The report outlined the circumstances of each type of leasing scheme and proposed that Option 3 be considered, in discussions with the relevant Housing Associations, with an option to purchase suitable properties.
Based on existing Temporary Accommodation supply it was envisaged that the Authority would require 20 addition units of leased accommodation at this time. However officers recommended that a pilot scheme be considered initially, with a further report being presented to Cabinet on the success of the project.
In addressing the issue of location, particularly as the purchase price of property in the more rural areas was likely to mean that open market rents were higher and may fall outside of benefit thresholds, officers would need to consider a scheme which was of significant size to allow rent pooling. This should allow the housing association to purchase property that would not otherwise be considered because of uneconomic rents.
On this basis, it was proposed that officers enter into a preferred partner status with a locally based housing association to provide 10 initial properties for the pilot scheme.
Leasing schemes remained an important way of providing good quality temporary accommodation for households owed the full homelessness duty under the Homelessness legislation.
Both HALS and PSL schemes could be developed in ways that minimised costs yet provided better quality accommodation than bed and breakfast or hostel type provision. However, such schemes needed to be carefully developed to minimise financial risk for the local authority and the housing association, and to maximise the amount of housing benefit subsidy that a local authority could legitimately claim.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T a pilot leasing scheme of 10 properties be undertaken with a preferred partner housing association based on Option 3 as outlined in the report, such terms and conditions to be negotiated and agreed by the Director of Finance, ICT and Property in consultation with the Director of Legal, Public Protection and Housing Services.
(2) T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute the necessary legal documentation to effect the pilot leasing scheme.
(3) T H A T a further report be presented to Cabinet on the findings of the pilot leasing initiative.
Reasons for decisions
(1) To increase the supply of temporary accommodation for homeless clients.
(2) To protect the Council’s financial and legal interests.
(3) To identify benefits and possible savings of a Homeless Leasing Scheme.
C3114 COMPLAINT OF MALADMINSTRATION AGAINST THE COUNCIL (MO) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
RESOLVED - T H A T the details of the outcome of an investigation conducted by the Commissioner for Local Administration in Wales into an allegation of maladministration against the Council be noted.
C3115 RELOCATION OF WOODLANDS DAY CENTRE (DSS AND DFICTP) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -
Cabinet’s approval was sought to relocate the Woodlands Day Centre currently located at Woodland Road, Barry to Holm View Leisure Centre, Skomer Road, Barry, and declare the Woodlands site and buildings surplus to the Council’ requirements.
The Interim Director of Social Services in conjunction with the Director of Finance, ICT and Property had for some time been seeking alternative accommodation. More recently, this had been part of an overall corporate review of all Social Service’s accommodation, and as a result part of Holm View Leisure Centre, which was currently under utilised, had been identified as a suitable location for the Day Centre Service.
Alternative proposals for the use of Holm View had been submitted and considered. However, due to the urgent need to deal with the unsatisfactory condition identified and a recent Fire Officer’s inspection, the relocation of Woodlands had been given highest priority.
Holm View Leisure Centre accommodation would need alterations and some refurbishments to enable the Day Centre service to function properly in the future. The design and specifications would be prepared by the Property Section as soon as possible and it was envisaged that Building Services would carry out the works. The estimated cost of the required alternations and refurbishment was likely to be in the region of £200k.
Further consideration needed to be given to the future usage of the remainder of the Holm View building. The results of this review and associated recommendations would be subject to a separate report in the near future.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the proposal to relocate the Day Centre Facility from Woodlands to Holm View Leisure Centre be endorsed.
(2) T H A T the Woodlands site and buildings be declared surplus to the Council’s requirements.
(3) T H A T the Director of Finance, ICT and Property be authorised to dispose of the property by the most appropriate means.
(4) T H A T the Director of Legal, Public Protection and Housing be authorised to prepare, complete and execute all necessary documentation in order to complete a sale of the property.
Reasons for decisions
(1) To enable the continuation of the Day Centre Service in suitable accommodation.
(2) In order to dispose of the property in a timely manner.
(3) In order to secure the best possible receipt from the sale.
(4) In order to complete the transaction.
C3116 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.
C3117 LEASE ARRANGEMENTS - PHARMACY RETAIL UNIT, GIBBONSDOWN (DLPRHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -
Approval was sought to enter into a lease with MB to establish a pharmacy retail unit at 1 St. Ann’s Court.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the Director of Finance, ICT and Property be instructed to enter into negotiations with MB for a new lease of 1 St. Ann’s Court for a pharmacy use.
(2) T H A T the Director of Legal, Public Protection and Housing Services be authorised to instruct the Director of Finance, ICT and Property to instruct an external valuer to provide a certified valuation report in order to comply with the requirements of S123 of the Local Government Act 1972.
(3) T H A T the Director of Legal, Public Protection and Housing Services be authorised to enter into a Lease Agreement with MB for the use of 1 St. Ann’s Court as a pharmacy, and complete and execute all necessary documentation to complete the matter, having obtained all necessary permissions and consents (WAG and Planning).
Reasons for decisions
(1) To ensure that appropriate terms and conditions are agreed that will protect the Council’s interests fully.
(2) In order to satisfy the Council’s statutory and fiduciary duties to obtain best consideration for disposals of property (disposal includes leases for terms in excess of seven years).
(3) To ensure that the matter can be legally completed to the satisfaction of the Council.
C3118 FRIARS POINT LAND DISPUTE (DFICTP AND DLPPHS) (EXEMPT INFORMATION - PARAGRAPH 16) (SCRUTINY - CORPORATE RESOURCES) -
Cabinet received a report which:
(1) Advised of a dispute concerning land in this Council’s ownership at Friars Point, Barry Island.
(2) Provided legal advice in relation to the dispute.
(3) Sought authority to proceed with the litigation in the light of the legal advice contained in the report.
The report outlined a number of options for resolution of the dispute.
This was a matter for Executive decision.
RESOLVED -
(1) T H A T the Director of Legal, Public Protection and Housing Services be authorised to continue with litigation as outlined in the report.
(2) T H A T the Director submit a further report on the progress in the matter.
Reason for decision
(1) In order to try and protect the Council’s land assets for future use by the public.
(2) To advise of any changes in circumstances.