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CABINET

MINUTES of a meeting held on 12^th December, 2007.

Present: Councillor Ms. M.E. Alexander (Chairman); Councillor N. Moore (Vice-Chairman); Councillors R.F. Curtis, S.C. Egan, Mrs. V.M. Hartrey, G. John, Mrs. M.R. Wilkinson and C.J. Williams.

Also present: Councillor N.P. Hodges.

C3307 APOLOGIES FOR ABSENCE -

These were received from Councillors N.J. Gibbs and Mrs. M. Randall.

C3308 MINUTES -

RESOLVED - T H A T the minutes of the meeting held on 28^th November, 2007 be approved as a correct record.

C3309 DECLARATIONS OF INTEREST -

No declarations were received.

C3310 GLAMORGAN HERITAGE COAST ADVISORY GROUP -

The following report of a meeting held on 26^th November, 2007 was submitted:

Present: Councillors E. Hacker, Mrs. A.J. Preston (Vale of Glamorgan Council); Mrs. M. Wilkins (Bridgend County Borough Council); Robert Jones (Bridgend County Borough Council); Mrs. H. March, Mr. J.A. Morgan, Mr. R. McLaggen (Merthyr Mawr Estates); Mr. P. Davies (Slade Farm); Mr. J. Golunski (Dunraven Estates); Mr. H. Lewis (Friends of Heritage Coast) and Mr. S. Hand (Countryside Council for Wales).

(a) Appointment of Chairman -

AGREED - T H A T Councillor Mrs. A.J. Preston be appointed Chairman for the current municipal year.

(b) Welcome -

The Chairman welcomed Mr. Bob Guy (Operational Manager of Countryside and Economic Projects with the Vale of Glamorgan) to his first meeting of the Group.

(c) Appointment of Vice-Chairman -

AGREED - T H A T Councillor E. Hacker be appointed Vice-Chairman for the current municipal year.

(d) Apologies for absence -

These were received from Councillors Ms. L. Burnett, N.J. Gibbs, W.C. Vaughan (Vale of Glamorgan Council); Mr. S. Moon (Bridgend County Borough Council) and Mr. M. Davies (One Voice Wales).

(e) Coastal Access Improvement Programme -

Mr. C. Jones Jenkins (Public Rights of Way Officer for the Vale of Glamorgan Council) advised the Group on the Coastal Access Improvement Programme as defined by the Welsh Assembly Government and stated that the Vale of Glamorgan Council had made a number of bids for various schemes.

Discussion then took place in respect of the Consultation document and the issue on route criteria the main point of concern raised by the Group being the need that there should be “a permanent right of access on foot along the coast and the route should be physically available at all times.” Members considered that the emphasis on permanence was seen as overly prescriptive, as to ensure a permanent coastal path along the Heritage Coast would necessitate a substantial amount of land being set aside to avoid frequent negotiations with landowners.

The Group considered this would be an impossible situation for the Vale in view of the fact that the relationship with landowners in the locality currently worked extremely well. If the Countryside Council for Wales were to insist that a permanent coastal path be dedicated this would have a major impact on the work of the Heritage Coast team and the goodwill that currently existed with the landowners. Furthermore the suggestion that future legislation might enforce permanent access was therefore seen as counterproductive in an area where under current arrangements the issue of coastal access worked well. Mrs. March also referred to a recently meeting of the Local Access Forum where the matter had been discussed and they had taken the same view as the Advisory Group. Under current arrangements along the Heritage Coast where erosion was a major issue, much of the coastal route had been made available through negotiations with local landowners and access was therefore permissive.

For the above reasons the proposed route for the Wales Coastal Path in the Vale of Glamorgan that would be submitted to CCW by the Council went inland between Aberthaw and Llantwit Major and again between Blaen y Cwm and Dunraven. Due to the fact the Group considered the matter of high importance it was suggested that views of the Group be forwarded to the Countryside Council for Wales as soon as possible and that the Assembly Member Jane Davidson be also invited to a meeting to take place at the Heritage Coast Centre to discuss the matter further.

AGREED - T H A T the following recommendations be referred to Cabinet for approval:

(1) T H A T a letter be forwarded to the Countryside Council for Wales as expressed above detailing the feelings of the Glamorgan Heritage Coast Advisory Group on the proposal to ensure that a permanent right of access was made available.

(2) T H A T Jane Davidson be cordially invited to a meeting with the members of the Glamorgan Heritage Coast Advisory Group to discuss issues in relation to the proposed legislation of a permanent right of access.

(f) Achievements and Issues at the Glamorgan Heritage Coast Centre -

The Principal Ranger Paul Dunn provided the Group with a PowerPoint slide presentation detailing the work of the Heritage Coast team over the previous six months. He commended the work of the eight staff who were dedicated to the service of the Centre and informed the Group that they also gave of their time to undertake evening work by providing presentations and talks to various organisations on the work of the Centre.

In respect of the Dunraven Bay Access Road, tenders had been invited and were to be determined by December 2007 with the intention that the work would commence in January 2008.

When providing an overview of the previous last six months Mr Dunn referred to the fact that there had been a decline from the previous year in the number of incidents that had taken place albeit litter remained a priority for the team. A number of people had also been stranded on the rocks resulting in the emergency services being called and the gate to the park had been “smashed” twice during the year which had resulted in repair. Consideration was currently being given to providing a metal gate as opposed to a wooden gate to save on repair costs.

In respect of the management of habitats, Mr. Dunn advised that rare grass had recently been located, which was referred to as “nit grass.” The Choughs were also back in the area and the Butterfly Conservation at Alan Valley was proving extremely successful although a considerable amount of management to improve the habitat was ongoing.

Good relationships continued with schools and during the six months the team had also visited Eagleswell, St.Illtyds, Wick and St. Brides Major schools and undertook biodiversity work in the school grounds. This was considered essential PR as it was important to work with schools due to the fact pupils would be the future users of the coast.

Following on from Mr Dunns presentation Mr Peter Davies of Slade Farm (Tir Gofal scheme) advised the Group of the work he had been involved in and the management of land and habitats he tenanted in the area. He had taken the decision in the year 2000 to establish organic farming and moved part of his business into direct sales.

He had also entered a number of environmental competitions and had won the Biodiversity award for the Vale of Glamorgan. He stated that he concurred with the Local Access Forum and the Groups views in respect of the issue as detailed above on a permanent coastal path.

Mr Davies emphasised the partnership between the Heritage Coast Staff and the Tir Gofal scheme and that one of the reasons the scheme had been successful was the support and assistance that had been received from the Heritage Coast Team.

AGREED –

(1) T H A T the appreciation of the Group be recorded in respect of the Ranger Team’s continued hard work and dedication on the Heritage Coast.

(2) T H AT Mr Peter Davies be thanked for his attendance and presentation to the group and congratulations be extended on the success in the environmental competitions and the Biodiversity award.

(g) Matters raised by Bridgend County Borough Council -

A Trecco Bay Management Group had been established and would be focusing on the coastline. They would be pleased to receive representatives from the Glamorgan Heritage Coast Advisory Group if they wished to participate on the Trecco Bay Group.

Bridgend had also established a Voluntary Warden Programme which was part of an outreach function to encourage voluntary groups to consider the coast which would also include the work of litter picks.

(h) Matters raised by Countryside Council for Wales -

The representative, Mr. S. Hand, stated that he had no issues to raise at the meeting but as a result of discussions, assured Members that he would take the comments back to the appropriate Coastal Access Group Officers and advise them of the feelings of the Group in relation to the requirement of a permanent right of access on foot on the coastal path.

(i) Matters raised by Friends of Glamorgan Heritage Coast -

The representative Mr. Lewis requested that the Vale Litter Team be further apprised of the issues faced by the Heritage Coast Team and that the Group be informed of the procedures the Council has in place for addressing such matters in the area. Mr. Guy Operational Manager agreed to provide the details at the next meeting of the group. Mr. Lewis also informed the meeting that the Friends had recently written to major retailers in the area in respect of the sale of portable barbecues. They had been a considerable problem on the Heritage Coast in the summer months and the Friends had asked the major retailers to consider removing them from sale on their shelves.

He further requested to receive a detailed schedule of the programme of work for the construction of the new road at Dunraven Bay in order that the Friends could organise their events throughout the year around the schedule. Mr. Guy confirmed he would request that a schedule be forwarded for information as a matter of urgency.

Mrs. March took the opportunity to thank the Vale of Glamorgan Council for the improved access at Cwm Colhuw. She further advised the Group of two recent publications that were available, one on Llantwit Major volume 7, the other Historic Gardens in the Vale, which included a section on Dunraven Estates.

AGREED -

(1) T H A T further information on litter management in the Vale of Glamorgan be presented to the next meeting.

(2) T H A T the schedule for the construction of the works on the new road at Dunraven Bay be forwarded to all members of the Group.

__________

RESOLVED -

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

(2) T H A T the recommendations at (e) above relating to a letter being sent to the Countryside Council for Wales expressing the feelings of the Group on the proposal to ensure that a permanent right of access be made available and that Jane Davidson be invited to a meeting with the Members of the Group to discuss issues in relation to the proposed legislation of a permanent right of access be accepted.

Reason for decisions

(1&2) To have regard to the views of the Group.

C3311 CABINET SUB - COMMITTEE (RIGHTS OF WAY) -

The following minutes of meeting held on 28^th November, 2007 were submitted:

Present: Councillor G. John (Chairman); Councillors R.F. Curtis and Mrs. M. Randall.

(a) Apology for absence -

This was received from Councillor C.J. Williams.

(b) Minutes -

The minutes of the meeting held on 26^th September 2007 were approved as a correct record.

(c) Creation of a Public Footpath as an Addition to Public Footpath No. 8, St. Andrews Major (DEER) -

Members were informed that this item had been withdrawn from the agenda given that the landowner had now purchased an area of land which would mean that a Diversion Order would, instead, be sought. This would be the subject of a report to a future meeting.

(d) Applications for Modifications of the Definitive Map and Statement in respect of Public Footpaths Nos. 1 and 6, St. Brides Major and Nos. 50 and 60, Llanblethian -

The Wildlife and Countryside Act 1981 placed a duty on the Local Authority to ensure that the Definitive Map and Statement for the Public Rights of Way network was kept under continuous review. Some irregularities had been identified with the regard to the direction of existing paths on the Definitive Map. In many cases, backdated Diversions, Extinguishments or Creations Orders were required for the paths before the Definitive Map Modification Orders could be used to show amended routes on the revised Definitive Map. Approximately thirty such changes had been identified and these were being investigated within the current review.

The Council was currently undertaking the necessary works to update the Definitive Map, which would incorporate all such modifications that had been made by Order since the last map was published in 1954. The following Public Footpaths currently had anomalies as indicated:

(i) Public Footpath No. 1, St. Brides Major

The path was shown on the 1971 Provisional Map for the former County of Mid Glamorgan, was also listed as St. Brides Major No. 1 in the Definitive Statement for the former County of Mid Glamorgan, but had been omitted from the Definitive Map.

(ii) Public Footpath No. 6, St. Brides Major

It had become apparent that the 1971 Review of the Map and Statement for Public Right of Way No. 6, St. Brides Major, did not take full account of an Extinguishment Order dated 4^th March 1965 and a Diversion Order dated 8^th December 1967.

(iii) Public Footpath No. 50, Llanblethian

The Definitive Map and Statement for the former County of Glamorgan, dated 14^th September 1954, did not take full account of the Cowbridge Rural District (Tyle-Rhosyr) Footpath Diversion Order 1952.

(iv) Public Footpath No. 60, Llanblethian

The new Definitive Statement created by Modification Order No. 31 in respect of a previous diversion of part of the above footpath, did not include two sections of the footpaths as shown on the Definitive Map and Statement from 1954.

RESOLVED -

(1) T H A T the Public Rights of Way Section be granted retrospective approval for the Modification Orders under Section 53 of the Wildlife and Countryside Act 1980 to allow the amendment to the relevant Definitive Map and Statement.

(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 confirmation by the Public Rights of Way Officer that no adverse comments have been received.

__________

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

Reason for decision

To be made aware of the decisions of the Sub-Committee.

C3312 DEVELOPMENT OF A CHARTER BETWEEN THE VALE OF GLAMORGAN COUNCIL AND TOWN AND COMMUNITY COUNCILS (CX) (REF. - MINUTE NO. 555) -

The Community Liaison Committee had, on 20^th November, 2007 received a report which outlined progress to date in respect of the development of the Charter referred to above. That report had further detailed that it was important to note that the draft Charter contained a set of principles and, in order for those principles to become reality, an action plan would need to be developed with those councils which agreed to sign up to it. The draft Charter would be subject to approval by Cabinet before being put forward to be considered and adopted by individual Town and Community Councils. The Charter would also be subject to review following local elections in 2008 and any action plan developed would need to be considered by the Community Liaison Committee before being recommended to the Cabinet and Town and Community Councils.

During discussion of the Charter by the Community Liaison Committee, a number of Members commented on the fact that their respective Councils had no adverse comments on the document or the principles identified. It was, in fact, seen as a good example putting the citizen first and working together to deliver services although it was important to note that some of those principles were already being implemented. Others, it was recognised, were aspirational which the Unitary Authority and Town and Community Councils would need to try to achieve over a number of years. The Committee had subsequently agreed that the following recommendations be referred to Cabinet:

· That the draft Charter be recommended to the Vale of Glamorgan Council Cabinet for adoption subject to the following amendment on Page 2 - “Councillors / Officers will strive to attend Town and Community Council meetings as appropriate”.

· That, following consideration of the Charter by the Vale, all Town and Community Councils be requested to consider adopting the Charter.

· That a working group made up of officers of those Councils which were signatories to the Charter be established to develop an action plan for further consideration by the Community Liaison Committee.

· That the Charter be revised to reflect any changes should WAG Guidance for Development of Charters be altered considerably following consultation.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the recommendations of the Community Liaison Committee as contained in Minute No. 555 and referred to above be agreed in principle.

(2) T H A T a report be submitted to Cabinet on the composition of the Working Group referred to above, it being noted that a further report would be made to the Community Liaison Committee on the action plan developed by that Group.

Reasons for decisions

(1&2) To progress the development of the Charter.

C3313 SCHOOL BUDGETS 2007/08 (REF. - MINUTE NO. 576) -

The Scrutiny Committee (Lifelong Learning) had, on 28^th November, 2007 considered the above matter. The Committee had been informed that, in terms of overall education and schools expenditure, the year on year increase for the Vale of Glamorgan had consistently been above average and within the top few authorities across Wales. Despite the relatively high proportional budget increase described above however, in actual cash terms, schools in the Vale of Glamorgan continued to be relatively poorer off in comparison with schools in other local authorities. It had been reported that, as at the end of the 2006/07 financial year, the aggregate primary school balances stood at £1.695m. and for the secondary sector at £0.076m. In respect of both primary school and secondary school balances there was a projected drop to just £0.817m. as regards primary schools and a deficit of £0.238m. for secondary schools by the end of March 2008. Dr. V. Browne had attended Committee representing the School Budget Forum. The Forum had expressed concern that the level of funding was detrimental to the educational curriculum development in schools and that pupils in the Vale of Glamorgan were disadvantaged in comparison with pupils elsewhere. Dr. Browne referred to the fact that whilst funding for schools was not adequate, this was not attributable to the Council; rather, the Forum recognised that money allocated to the Council for education purposes was not diverted to other areas. He requested that, in future, the Budget Forum have a greater involvement when representations were made to WAG on the overall settlement. Following discussion on the above and related matters, the Committee had asked that Cabinet support the request of the School Budget Forum that it have a more involved role when representations were made to the WAG.

This was a matter for Executive decision.

RESOLVED - T H A T the request for the School Budget Forum (the Forum) to be more involved when representations were made to WAG be noted and accepted as a positive approach; Cabinet, however agreed that the Forum should be informed that although it would not be possible for them to be part of any formal representations to WAG, it would be appropriate for the Forum to make separate representation to WAG or request meetings with A.M.s to make their case for increased WAG funding.

Reason for decision

To recognise the support received.

C3314 THE HEALTH, SOCIAL CARE AND WELLBEING STRATEGY 2008-11 (CX) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

The priorities outlined in the Draft Strategy had been developed using the findings of the Health Needs Assessment and through discussion with key stakeholders, as well as taking account of priorities identified by the WAG. The key areas where partners believed that improvement was most needed were in services for:

· children and young people

· people with learning disabilities

· people with mental ill health

· people with cancer

· people with chronic conditions such as asthma, diabetes and heart disease

· older people.

The consultation period for the new Strategy would expire on 24^th December, 2007 following which the final plan would be amended as necessary and reported to both Full Council and the Local Health Board for ratification prior to its implementation from April 2008. The Draft Strategy had already been considered at an extraordinary meeting of the Scrutiny Committee (Community Wellbeing and Safety) on 14^th November, 2007.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the contents of the Draft Health, Social Care and Wellbeing Strategy 2008-11 be noted.

(2) T H A T any comments on the Draft Strategy be made known to the Interim Director of Social Services by 24^th December, 2007.

(3) T H A T a further report be presented to Cabinet in the new year with the final version of the document.

Reasons for decisions

(1-3) To support the Strategy jointly prepared by the Council and the Local Health Board.

C3315 COWBRIDGE TOWN WALLS RESTORATION (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

Cowbridge Charter Trust (Trust) had worked in conjunction with the Parks and Grounds Maintenance Group to carry out clearance and surveys of the Town Walls at the Old Hall, Cowbridge, managed through a Service Level Agreement (SLA) between the Trust and the Parks Group. The Trust now sought permission to start formal restoration of the walls, having obtained funding from the VCVS Social Risk Fund. The work would be carried out by suitable selected and trained prisoners from Parc Prison, Bridgend. In order to fulfil the conditions of the Grant, work needed to be completed by the beginning of March 2008 and all bills paid by 31^st March, 2008.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the Cowbridge Charter Trust be authorised to undertake restoration to the walls of Cowbridge Old Hall.

(2) T H A T the Director of Finance, ICT and Property in consultation with the Director of Environmental and Economic Regeneration and the Director of Legal, Public Protection and Housing Services be authorised to enter into a written agreement with the Cowbridge Charter Trust to restore the walls.

(3) T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute any necessary documentation required.

Reasons for decisions

(1) To enable a voluntary group to restore Cowbridge Town Walls.

(2) To provide the necessary authority to progress the project.

(3) To complete all necessary documentation.

C3316 PROVISION OF SKATEBOARD FACILITIES, ST. BRIDES MAJOR (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

S.O.S. Skaters, a community group formed to campaign for a free-to-use wheeled play facility for the villages of St. Brides Major, Ogmore-by-Sea and Southerndown, had petitioned the Council asking that the possibility of providing skateboarding facilities in that area be investigated. An area within the playing fields at St. Brides Major had been identified and meetings had been held on site with local Members and the group to discuss the use of the facility. The group proposed a ramp with a width of 3.66m., a length of 10.25m. and a height of 1.66m. placed on a concrete base which would provide a walkway around the ramp of 1.5m. The group was currently trying to raise funds for the ramp and was looking to secure grant funding. The proposed siting of the facility was some 140m. from residential properties and it was noted that concerns had been raised by some residents.

Attention was drawn to the fact that the Council would be responsible for the construction and the ongoing operating costs of the facility and that ongoing maintenance costs would be met from within the existing Visible Services Repairs Budget. As there was only one ramp involved, it was anticipated that maintenance costs would be minimal and it was noted that there would be no capital commitment from the Council as the equipment would be provided by the skating group.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the Director of Finance, ICT and Property be authorised to negotiate agreed terms and conditions for the installation of a skateboard facility at St. Brides Major playing fields 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 complete and execute any necessary documentation required.

Reasons for decisions

(1) To enable the community group to install a skate facility at St. Brides Major playing fields.

(2) To ensure that all necessary legal documentation is undertaken.

C3317 CARDIFF LOCAL DEVELOPMENT PLAN - PREFERRED STRATEGY REPORT OCTOBER 2007 (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

Cardiff Council was currently consulting on its Preferred Strategy and Initial Sustainability Appraisal Report. It was noted that this Council had only responded to the Preferred Strategy Document in its role as an adjoining local authority and that the response, as appended to the report, had already been submitted to Cardiff Council to meet the deadline of 27^th November, 2007 with a statement that any additional comments Cabinet might wish to make would be forwarded separately.

The preferred Strategy Report set out:

· key trends and issues that had informed the Preferred Strategy

· the national, regional and local policy framework

· the Council’s Vision for the future development of Cardiff

· the key strategic role and spatial options that the Council had considered in determining its Preferred Strategy

· the Preferred Strategy including a Key Diagram

· key strategic policies for implementing the Strategy.

Further details in respect of each of the above topics together with an indication of the Council’s response were contained within the report. As regards “key trends and issues”, for example, it was noted that information relating to traffic and public transport trends as well as information in respect of commercial and industrial waste were missing and it was considered that such details should be included in any final Plan.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the response to Cardiff’s Preferred Strategy Report as contained in Appendix A to the report be endorsed.

(2) T H A T a copy of this report and accompanying appendix be submitted to the Planning Committee for information.

Reasons for decisions

(1) To obtain Cabinet endorsement of the response sent to Cardiff Council in respect of its LDP Preferred Strategy Report October 2007.

(2) To ensure Planning Committee is informed of progress.

C3318 PENARTH HEIGHTS - ACQUISITION OF PROPERTIES AT CHICHESTER ROAD AND HIGHVIEW ROAD, PENARTH (DEER) (SCRUTINY - CORPORATE RESOURCES) -

Formal resolution was sought to facilitate the acquisition of four properties situated on the Royal Close and Harbourview Estates, Penarth (the Estates) by Compulsory Purchase Order or Notice seeking possession to enable progression of the Penarth Heights redevelopment scheme (the Project). The report detailed the procedure to be followed in relation to compulsory acquisition together with the reasons for such action to be taken. Since the compulsory purchase procedure was essentially an administrative one, it was difficult to give an estimate of the timescale for completion of the full procedures. Attention was drawn to the option open to the Council, in relation to those properties occupied by secure tenants, to serve Notices Seeking Possession although prior to the service a Notice of that kind, it would be necessary to apply to the WAG for approval for the Project.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the Council resolve to make and submit to the National Assembly for Wales, a Compulsory Purchase Order under the provisions of Section 17 of the Housing Act 1985 and the Acquisition of Land Act 1981 entitled Vale of Glamorgan Council (2, 76, 82 Chichester Road and 5 Highview Road, Penarth) Compulsory Purchase Order 2008, authorising the Council to acquire compulsorily the aforementioned properties pursuant to Section 17 of the Housing Act 1985 for the purpose of enabling the Penarth Heights development project and that the Council’s seal be given to the Order.

(2) T H A T the Director of Legal, Public Protection and Housing Services be authorised to undertake the procedure to acquire the properties by Compulsory Purchase Order pursuant to the aforementioned legislation including the drafting, finalisation and publication of the Statement of Reasons for the Order, the publication and service of all statutory notices and all other necessary steps be taken to enable the Order to be submitted for confirmation to the National Assembly for Wales and upon confirmation of the Order to serve Notices to Treat / Notice of Entry or execute General Vesting Declarations as appropriate.

(3) T H A T the Director of Finance, ICT and Property be authorised to continue negotiations with the owners / occupiers of the properties with a view to agreeing terms for the purchase of the properties by agreement or to agree payment of compensation under the provisions of the Land Compensation Act 1961.

(4) T H A T the Director of Legal, Public Protection and Housing Services be authorised to undertake the procedure pursuant to Ground 10A Part 2 Schedule 2 of the Housing Act 1985 and, if appropriate, serve Notice seeking possession on the secure tenants occupying 2 and 82 Chichester Road.

Reasons for decisions

(1) To obtain a formal resolution to progress the compulsory purchase procedure, as required by the Acquisition of Land Act 1981, Part II.

(2) To enable the Director of Legal, Public Protection and Housing Services to undertake the procedure for compulsory purchase of the land.

(3) To enable the Director of Finance, ICT and Property to agree terms on taking possession of the properties.

(4) To enable possession to be obtained in respect of the properties occupied by secure tenants.

C3319 NELL’S POINT DEVELOPMENT SITE, BARRY ISLAND (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

A letter had now been received from the Vice Chancellor and Principal of the University of Wales Institute Cardiff (UWIC) reporting insufficient funding to deliver the proposed University campus at Nell’s Point. Approval was consequently sought to investigate and review alternative development options for the site as a “context site” close to the Phase 2 Waterfront development. Approval was also sought to market this site for an appropriate use or uses during the abovementioned review and to appoint specialist consultants to assist with reviewing the development options for the site and for facilitating the marketing thereof.

Given the lack of funding to deliver the University concept, it was intended to inform UWIC that the Council would now be reluctantly pursuing alternative development options. Once again it was stressed that the Nell’s Point site occupied an important and strategic location on Barry Island close to the Phase 2 Waterfront regeneration area and, on that basis, it was considered vital that the site be considered as a “context development site” which, if possible, could be regenerated in tandem with the Phase 2 Waterfront scheme. To progress the review of development options, the intention was to appoint specialist consultants to provide advice on the development options, taking into account the Waterfront Master Plan process, the site’s opportunities and constraints, the property market, and the new development proposed in due course by the consortium for the neighbouring Waterfront etc. Consideration would also need to be given as to whether the site was to be marketed individually or jointly as part of a wider scheme and regard would also need to be given to the status of other relevant sites such as the current funfair site and sites adjacent to Barry Old Harbour.

Discussion ensued on potential uses for the 11 acre site, the point being strongly made that large scale residential development would not be conducive to the regeneration and continuing viability of Barry Island as a leisure / touristic area. It was considered that the options referred to above should identify a mixed development incorporating, at the least, leisure and tourism related facilities. It was also suggested that consideration should be given to setting aside part of the site for the provision of an extra care facility with respite provision if applicable.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the letter from UWIC referred to above relating to insufficient funding to deliver the proposed University campus at Nell’s Point be noted.

(2) T H A T the Director of Environmental and Economic Regeneration be authorised to review development options for the Nell’s Point site in consultation with the Leader, Deputy Leader, Director of Finance, ICT and Property and the Director of Legal, Public Protection and Housing Services.

(3) T H A T the Director of Environmental and Economic Regeneration be authorised to market the Nell’s Point site for an appropriate use or uses in consultation with the Leader, Deputy Leader, Director of Finance, ICT and Property and the Director of Legal, Public Protection and Housing Services.

(4) T H A T the Director of Environmental and Economic Regeneration be authorised to appoint specialists consultants to assist with reviewing the development options for the site and facilitating the marketing of the site.

(5) T H A T, although the principle of allocating the site solely for housing would not be a preferred option, consideration be given to setting aside part of the site for the provision of an extra care housing facility with a respite provision if applicable, alongside the intended mixed development for the site, such development to include leisure and tourism facilities.

Reasons for decisions

(1) To notify Members of correspondence from UWIC on the subject of the lack of funding for the University campus concept proposed at Nell’s Point.

(2) To authorise a review of development options for the above site.

(3) To authorise marketing of the site.

(4) To notify Members of the intention to appoint specialist consultants to assist with the review and marketing of this site.

(5) To provide more specific guidance as to the type of development that should be considered for the site.

(Note: Councillor N.P. Hodges spoke on the above matter with consent.)

C3320 BARRY STEAM RAILWAY PROJECT: MANAGEMENT OF THE LAND AND BUILDINGS ASSOCIATED WITH THE PROJECT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

Cabinet had previously agreed that the Breco Group, as the preferred bidder in respect of options for a training provider at the Heritage Skills Training Centre as well as the possible end user for elements of the Barry Railway Depot and the Hood Road Goods Shed at the Barry Waterfront, would occupy under leasing arrangements and run a serious of restorations / engineering / rail related courses from that building. Minute No. C2546 gave authority to enter into the lease arrangements with the Breco Group on the basis of the period of lease not exceeding three years. It was reported that the revised Business Plan provided by Breco referred to a 10 year lease period and the current WAG officer dealing with the project was happy to consider the 10 year provision as it allowed for a more robust business case to be presented.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T delegated authority be granted to the Director of Environmental and Economic Regeneration, in consultation with the Director of Finance, ICT and Property to enter into a 10 year lease arrangements in respect of the proposals contained in this report, such proposals being to:

(a) lease the Heritage Skills Training Centre and associated track, under the terms agreed, to the Breco Group for the purposes of providing a restoration / rail / heritage training facility providing appropriate NVQ courses; and

(b) lease the first floor office space and the main Hood Road Goods Shed storage space at the Hood Road Goods Shed, under the terms agreed, to the Breco Group for the purposes of their setting up an engineering / restoration /exhibition facility for an initial period not exceeding 10 years.

(2) That the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute all necessary legal documentation.

Reasons for decisions

(1) To allow the proposals to be developed to the stage at which agreements can be entered into.

(2) To ensure approval by the Welsh Assembly Government is granted prior to any agreements being entered into.

C3321 VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN (LDP) - DRAFT PREFERRED STRATEGY AND INITIAL SUSTAINABILITY APPRAISAL (SA) REPORT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

As part of the pre-deposit participation and consultation stage in respect of the LDP, local authorities were required to prepare a vision, various strategic options, preferred strategy and key policies. Each of those topics was contained within the Draft Preferred Strategy document appended to the report and summarised below:

· Vision

Cabinet had already resolved to adopt the Community Strategy vision as the vision for the LDP (Minute No. C2871).

· Strategic Options

The Draft Preferred Strategy identified 9 LDP objectives which related to matters such as the economy, housing, transport and climate change.

· The Draft Preferred Strategy

In line with the majority of relevant stakeholder views, the Draft Preferred Strategy identified Option 5 as the proposed spatial strategy for the emerging LDP. Given that the majority of the Vale’s population, services and facilities were concentrated in the South East zone, it was considered that that option provided greater opportunities for supporting future sustainable growth and, in addition, it accorded with the Wales Spatial Plan which identified Barry and St. Athan as areas of opportunity in the South East Wales region.

· Key Policies

The Draft Preferred Strategy contained the following twelve Core Strategic Policies (CSPs): Sustainable Development; Climate Change; Renewable Energy; Housing Need; Affordable Housing; Planning Obligations; Retailing; Employment; Minerals; Built and Natural Environment; Strategic Transport Improvements; and Sustainable Waste Management.

To assist in the delivery of the spatial strategy, the Draft Preferred Strategy also include a settlement hierarchy policy which stated that future development would be guided towards settlements which maximised social and economic benefits, reduced the need to travel and minimised the loss of greenfield sites.

· Key Background Documents

The Council had produced the following key background documents which supplemented the Draft Preferred Strategy and the initial SA Report: Population and Housing Projections Topic Paper; Employment Land Study; Sustainable Settlements Review; and Spatial Options Background Paper.

To assist the Council in determining the LDP Draft Preferred Strategy, an independent appraisal of all the above options had been carried out as part of the SA process. That report had highlighted that all of the nine options would have similar effects in terms of the environmental impacts and that the main differences related to the delivery of social-economic benefits throughout the Vale of Glamorgan. It was recognised that it was essential the Draft Preferred Strategy delivered the benefits where they were most needed. In accordance with the EC Habitats Directive, the Council had also undertaken a screening exercise to establish whether the Draft Preferred Strategy was likely to have a significant effect on European sites of nature conservation importance. That report had concluded that likely significant impacts could result and therefore an Appropriate Assessment (AA) was required. In addition, the Council had prepared an Initial SA Report which tested the LDP objectives and core strategic polices contained within the Draft Preferred Strategy against the sustainability objectives set out in the LDP SA Approved Scoping Report. It was noted that that report had been independently checked to ensure that all the necessary tasks had been carried out and that it met all legal requirements. Subject to approval by Cabinet, a six week public consultation exercise would commence in February/March 2008 and, following consultation, those responses would be discussed with the key stakeholder group and checked with the responses from the control group. The Council would then prepare and publish a consultation report containing all the representations and the Council’s responses, with all stakeholders made aware of the availability of the report. When the LDP Strategy had been confirmed, the Council would commence work on the candidate site assessments to establish which ones were compatible with it.

This was a matter for Executive decision. After expressing thanks to the officers involved in their production, it was

RESOLVED -

(1) T H A T the LDP Draft Preferred Strategy and Initial Sustainability Appraisal Report be endorsed for public consultation purposes in Spring 2008.

(2) T H A T the Director of Environmental and Economic Regeneration and/or Head of Planning and Transportation in consultation with the Cabinet Member for Planning and Transportation be authorised to make minor amendments to the LDP Draft Preferred Strategy and Initial SA Report prior to public consultation if required.

(3) T H A T, following consultation with both the Planning and Scrutiny (Economy and Environment) Committees, a further report be presented to Cabinet later in 2008 on the representations to the LDP Draft Preferred Strategy and Initial Sustainability Appraisal Report.

(4) T H A T each of the above recommendations be considered by both the Planning Committee and the Scrutiny Committee (Economy and Environment).

Reasons for decisions

(1) To ensure that the LDP is prepared in accordance with the LDP Delivery Agreement (October 2007) and to satisfy the requirements of the LDP and SEA Regulations.

(2) To allow factual updates, correction of typographical errors etc. to be made to the reports prior to public consultation.

(3) To make sure Cabinet is kept informed of progress on this matter.

(4) For consultation purposes.

C3322 COMMUNITY ACTION SELF HELP (C.A.S.H.) SCHEME 2007/08 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

Consideration was given to the application from St. Athan Community Council for funding under the C.A.S.H. Scheme for 2007/08.

This was a matter for Executive decision.

RESOLVED - T H A T the application from St. Athan Community Council for grant aid to facilitate internal structural alterations at the Old School Hall Community Centre be approved in the sum of £4,500.

Reason for decision

Having regard to the budget available and the sum requested.

C3323 HOUSING SERVICES STAFFING RE-STRUCTURE (DLPPHS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

By way of background it was explained that there was a considerable national and WAG drive to improve both the quality and condition of the social rented housing stock and the services being provided to tenants/leaseholders. Housing providers were now required to engage customers on all matters which affected them directly which, in itself, raised customer expectations and aspirations. It was recognised that the current Housing structure needed to be developed and improved to meet the elements of the customer today. Posts had remained vacant for long periods of time and officers acting up had somewhat blurred the structure. In addition, it was recognised that there was limited strategic development expertise, or enabling function, and insufficient in the current structure to support a performance regime and limited project management expertise to meet the WHQS. The proposed structure, as appended to the report, was designed to re-focus on key activities ensuring that the Council was best placed to satisfy its external and internal housing requirements and to provide a proactive and quality service to its customers. It was accepted that the proposed changes could be seen as very radical but it was recognised that such changes were necessary if the Council was to develop a structure that would enable it to meet its aspirations and see the Housing Service move forward. Given the number of vacancies within the Housing Service, the proposed new structure, in theory, offered opportunities to all existing staff on the establishment although some posts were of a specialist nature. There were also a number of staff who were likely to seek early retirement and it was noted that further work would be undertaken in order to clarify the position over the consultation period.

Particular attention was drawn to the fact that the Council was embarking on a massive programme of expenditure in order to improve and maintain its housing stock to the Welsh Housing Quality Standard (WHQS). The proposed structure showed a small WHQS Project Team paid for through the Capital Fee element of Housing Capital Programme. It was intended that that would be reviewed in view of the fact that the norm amongst stock retention Councils was for a full time Project Team of around 6 officers and a team of 4‑8 Building Surveyors. It was accepted that a further review of the staffing requirements needed to achieve WHQS was currently being undertaken, including the internal review of the existing client function which was currently split between Building Services, Property Services and Housing. Initial consultation had directly taken place with the Trade Unions and further consultation would take place with the Trade Unions and Housing staff if Cabinet was minded to approve the proposed structure.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the proposed structure of Housing Services be approved subject to the outcome of consultation with the Trade Unions and staff.

(2) T H A T, subject to successful consultation, implementation of the new structure be effective from 1^st April, 2008.

Reasons for decisions

(1)&(2) To improve the efficiency of working arrangements and to address the WHQS.

C3324 HEALTH AND SAFETY ENFORCEMENT SERVICE PLAN 2008 (DLPPHS) (SCRUTINY - CORPORATE RESOURCES) -

Local Authorities had a duty to produce a Health and Safety Enforcement Service Plan that was endorsed by elected members and make clear their arrangements for contributing to current Health and Safety Commission priorities. The Plan needed to take account of local needs while addressing national priorities as set out by the Health and Safety Commission in its Strategic Plan. The Plan had to identify both reactive and proactive work, including details of planned promotional and educational activities. A copy of the aforementioned Plan was appended to the report.

This was a matter for Executive decision.

RESOLVED - T H A T the Health and Safety Enforcement Service Plan 2008, as appended to the report, be endorsed.

Reason for decision

To ensure the Council has robust arrangements in place to deliver its obligations as an enforcing authority under the Health and Safety at Work Act 1974 and comply with statutory guidance.

C3325 WELSH HOUSING QUALITY STANDARDS HOUSING IMPROVEMENT PROGRAMME 2009-2014 (DLPPHS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

Authority was sought to introduce a Partnering arrangement in order to undertake the major improvement programme required to meet the Welsh Housing Quality Standard (WHQS). By way of background, it was explained that the WAG required every social landlord in Wales to meet a standard of repair, structural stability, facility and amenity in each of their properties by 2012. Local Authorities were required to assess the implications of bringing their stock up to the Standard by 2012 and were also required to produce a business plan demonstrating clearly that they had the resources available to meet and maintain that Standard over a thirty year period. Whilst some Local Authorities had decided to transfer their stock to an alternative social landlord, this Council had stated its aim to retain the stock and had developed a Business Plan which suggested that the money could be found, albeit subject to a number of financial assumptions. This Council had split its initial programme into two parts, namely an interim programme for 2007/08 and 2008/09 amounting to some £10.8m. and its main programme for 2009 to 2014/15 amounting to over £50m.

For the current financial year the interim programme mainly concentrated on roof repair, central heating boiler replacements, replacement windows and external doors as well as environmental works including door entry system renewal. The programme was being delivered through the Council’s Property Services and Building Services Departments, both of which were reliant on external contractors undertaking the bulk of the improvement works. Effectively, therefore, there were three client functions, namely, Interim Head of Housing with a programme overview and monitoring role, with Property Services and Building Services undertaking a client’s agent role. It was noted that an internal review of the client role was underway in order to enhance clarity and quality. It was likely that year 2 of the Interim Programme would be similar to that being undertaken in the current financial year. It was noted that whilst the existing client arrangements were allowing the existing programme to be delivered, they were not deemed to be adequate in respect of the delivery of the full programme of works required to meet the WHQS. Attention was drawn to the fact that the main programme between 2009 and 2014/15 would increase in complexity and that the volume of works and complexity suggested that the current arrangements, under whichever client function, would be extremely difficult to set up and control and that only limited guarantees could be given as to the completion of the programme within the required timescale.

Given the above, it was recommended that the Council move to a partnering arrangement with an external partner or partners in order to undertake all of the work programmes required to meet the WHQS. An assessment of the most appropriate partnering arrangement for the Vale would need to be undertaken quickly in order that the OJEU procedure, if required, would not cause any delay to the selection of the partner(s) which would need to be concluded in readiness for a start on site in early 2009. As a consequence, it was recommended that the choice of partnering arrangements be delegated to the Corporate Management Team which also acted as the Project Board for the WHQS. It was noted that an Interim Housing Investment Manager had recently been employed on a temporary contract, that officer having a legal background as well as contract experience and the skills to develop the tender and assess the documentation. The Interim Manager too would be effectively involved in the planning and preparation of the 2009-2012 improvement programme, which the actual management of the programme including contractor management, monitoring and quality control remaining the function of the client.

This was a matter for Executive decision.

The Leader reported that she and the Cabinet Member for Housing and Community Safety had met with the relevant WAG Minister earlier in the day, when the Minister had congratulated the Council on the recent progress made and had confirmed that the standard would be required to be met by 2014.

RESOLVED -

(1) T H A T the introduction of a Partnering Contract for the delivery of the Welsh Housing Quality Standards Housing Improvement Programme 2009/14 be approved.

(2) T H A T the Chief Executive be authorised to select the choice of partnering arrangements in consultation with the Leader, Deputy Leader and relevant Cabinet Member.

Reasons for decisions

(1) To establish a process to enable the Council to satisfy the WHQS.

(2) To ensure that the Council has sufficient time to complete the procurement process in readiness for the partner(s) to be able to start the Improvement Programme early in 2009.

C3326 REPLACEMENT OFFICE ACCOMMODATION AT COURT ROAD DEPOT, BARRY (DFICTP & DEER) (SCRUTINY - CORPORATE RESOURCES) -

Authority was sought to replace the existing dilapidated accommodation at the Depot with new system built office accommodation. In light of the as yet unknown future of the site, it was proposed that the replacement office accommodation should be a system built demountable construction which could be relocated to another site at a future time should the need arise. It was noted that a location for siting the accommodation had been agreed and would take advantage of the availability of existing services and drainage connections nearby. The capital costs associated with the development was estimated to be £350k. which would be funded from the Council’s Miscellaneous Building Fund.

This was a matter for Executive decision.

RESOLVED -

(1) T H A T the proposal to provide replacement office accommodation at Court Road Depot be endorsed.

(2) T H A T the Capital Programme Budget be increased by £350k. funded from the Miscellaneous Building Fund.

(3) T H A T the Director of Environmental and Economic Regeneration report back on options for the Court Road Depot site at a future date.

Reasons for decisions

(1) To provide suitable accommodation.

(2) To fund the development.

(3) To consider the longer term options for the site.

C3327 ITEM WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

RESOLVED - T H A T the following matter, which the Chairman had decided was urgent by reason of the need to ensure compliance with the six month rule contained within the Policy for the appointment of LEA Governors, be considered.

C3328 APPOINTMENT OF LEA GOVERNORS -

On 11^th December, 2007 the LEA Governors’ Advisory Panel, having considered the criteria for the appointment of LEA Governors and the applications received, had recommended that the following appointments be made:

School	Appointment
Barry Comprehensive	Councillor A.D. Hampton Councillor E.T. Williams
Jenner Park Primary	Mrs. E.S. McLaggon Mrs. B.E. Brooks Rev. M.J. White
Llandough Primary	Dr. J.P. Hicks Councillor C.L. Osborne
Llanilltud Fawr Primary	Mrs. R.L. James
Llansannor C/W Primary	Mr. P. Leech
Oak Field Primary	Mr. Bin-Sufyan Councillor R.F. Curtis
Romilly Infant	Mrs. G. O’Leary Councillor E.T. Williams
Romilly Junior	Mrs. P. Beaudette Councillor Mrs. J.E. Charles
St. Athan Primary	Councillor J. Thomas
St. Helen’s R/C Infant	Mrs. B.E. Brooks
St. Illtyd Primary	Mrs. W. Hart
Sully Primary	Mrs. J.L. O’Rourke
Wick & Marcross C/W Primary	Mr. A. David
Y Bont Faen Primary	Dr. S. Acey
Ysgol Gwaun y Nant	C.B. Stephenson
Ysgol Gyfun Bro Morgannwg	Mr. R.A. Evans,

it being noted that the application submitted by Mr. C.B. Stephenson received after the closing date for receipt of applications had been considered in order to widen the choice of applicants.

RESOLVED - T H A T the recommendation of the Panel be accepted.