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CABINET

 

 

MINUTES of a meeting held on 25^th June, 2008.

 

Present: Councillor G.C. Kemp (Chairman), Councillor T.H. Jarvie (Vice-Chairman); Councillors Mrs. J.E. Charles, P. Church, G.A. Cox, A.M. Ernest, A.D. Hampton, H.J.W. James, R.L. Traherne and Mrs. D.M. Turner.

 

Also present: Councillor N. Moore.

 

 

C36     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 11^th June, 2008 be approved as a correct record subject to it being recorded that Councillor G.C. Kemp had been appointed to the University of Wales: Court of Governors and not Councillor Mrs. K.A. Kemp.

 

 

C37     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

C38     CABINET SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) -

 

The following minutes of a meeting held on 11^th June, 2008 were submitted:

 

“Present:  Councillor H.J.W. James (Chairman); Councillors P. Church, A.M. Ernest and A.D. Hampton.

 

 

(a)       Minutes -

 

The minutes of the meetings held on 21^st April and 23^rd April, 2008 were approved as accurate records.

 

 

(b)       Declarations of Interest -

 

No declarations were received.

 

 

(c)        Application for Public Path Diversion Order - No. 8 St Andrews Major (DEER) -

 

The Sub-Committee were advised of an application for a diversion of part of Public Footpath No. 8, St. Andrews Major, and approval was sought for the making of the relevant Diversion Order. 

 

The application was received from Mr. and Mrs. T.J.W. Evans of Ty Draw Farm, St. Andrews Major and related to the part of the path known at Public Footpath No. 8 St. Andrews Major, which ran northwards from a footbridge (southwest of the former farmyard) and which terminated on the county highway.

 

The farm had been recently sold, and the new owners wished to divert the path away from the former farmyard/garden in order to be able to secure the premises with a locked gate to the rear courtyard.  The proposed diversion would allow access to Public Footpath No. 7, St. Andrews Major and the county highway, via open countryside and with no need to walk through the former farmyard/garden. 

 

It was proposed to divert the section of Public Footpath No. 8, St. Andrews Major that was shown on the Definitive Map as following the field boundary from the footbridge north-westwards to the yard, and then north-westwards through the yard to terminate on the county highway between Chestnut Lodge and Ty Draw. 

 

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 and the length of new path to be created was shown as a dashed black line. 

 

For reasons of increased security for Ty Draw and for the convenience and safety of the users of the public path, it was proposed to divert the path to a route north-westwards from the footbridge to the most southern point of the copse (which is to the south of the farmyard) then cross to the northern side of the field boundary in order to continue northwards to terminate at the junction with Public Footpath No. 7, St. Andrews Major.  Public Footpath No. 7, St. Andrews Major continued north-eastwards to terminate on the county highway north of Chestnut Lodge. 

 

RESOLVED -

 

(1)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to make an Order under Section 119 of the Highways Act 1980 to divert part of Public Footpath No. 8, St. Andrews Major as shown on the map attached to the report, and provided no objections are received, be authorised to confirm the Order.

 

(2)       T H A T, once the required works had been satisfactorily completed, the Public Rights of Way Officer be authorised to issue a Certificate of Completion under Schedule 6 Paragraph 9(1) to 9(3) of the Crow Act 2000.

 

Reasons for Decisions

 

(1)       The Order is required for the security and convenience of the applicants and for the safety and convenience of the user.

 

(2)       There are works to be carried out by the landowner on the new route of the path to bring the path into being.

 

(d)       Pubic Path Diversion Order - No. 7 Ystradowen (DEER) -

 

The Sub-Committee were advised of a proposal to divert part of a Footpath No. 7 Ystradowen, and authority was sought for the making of the relevant Diversion Order. 

 

The Wildlife and Countryside Act 1981 placed a duty on every surveying authority to ensure that the Definitive Map and Statements for the Public Rights of Way network were kept under continuous review.  This task was recognised to be a considerable one, as each path had to be investigated and the Vale of Glamorgan had some 552 km of paths. 

 

Many irregularities had been identified with the direction of the 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 the amended routes on the revised Definitive Map.  These were being investigated within the current review. 

 

With the above in mind, it was reported that Seven Oaks Fish Farm was a 10 acre site which was located to the north of Ystradowen and which had been largely operating since its approval in the early 1990s as a trout fishery although recent planning history related to its transition to ornamental fish breeding.  The site was presently occupied by a number of ponds, together with office/residential accommodation. 

 

The Definitive Map Statement for Public Footpath No. 7 Ystradowen was described as follows:

 

"Commences at the junction of footpath 6 near Crofta Farm and proceeds southeast across fields to junction with footpath 8 on the county road.  Continues southeast across fields, excluding that part crossing railway to Sandy Lane.  Proceeds northeast along lane and across fields to the Parish boundary southwest of Wern-Fawr Farm".

 

The length of the path to be extinguished was shown as a solid black line on the map attached to the report, and the length of path to be created was shown as dashed black lines. 

 

The continuation of the path had been diverted by a Diversion Order made on 1^st October, 2007. 

 

Planning Application 98/00581/FUL, granted consent to Seven Oaks Fish Farm in 1998 for the "temporary change of use of lodge drying room to sleeping area and 6 breeding ponds".

 

Two of the breeding ponds granted under the above planning consent had been constructed over the definitive path, which ran from the county road to the stream.  It appeared that the ponds had been completed in 2004, when ornamental fish sales commenced.  No application had been received for the diversion of this stretch of path. 

 

An informal permissive route was previously created by a Valeways and a footbridge and stile were erected in 2000.

 

At present £1000 of the cost of making a diversion order was normally reimbursed to the Council by the applicant, but the Council could waive or reduce this amount if they considered that making an order would be in the greater interest of the public than the landowner.  In this case, the landowner had agreed to the diversion being carried out provided no cost fell to them, as they believed that the route of the path indicated on the ground by the Valeways in 2000 was the correct legal route . There had been no requirement for a footpath diversion attached to the planning consent granted in 1998.  Consequently, the full cost of the making of this Order could be met from the Public Rights of Way budget.

 

The Council did not wish to produce a new Definitive Map with such anomalies as a path running through ponds/lakes and it was therefore proposed to extinguish these sections of footpath which commenced at the county road and which ran through two ponds and which then continued onto the stream, and replace it with a new path.

 

For reasons of increased security for Seven Oaks Fish Farm and for the convenience and safety of users of the public path, it was proposed to divert the path to a route from a new stile to the entrance to Seven Oaks then east-south-eastwards across the fields to the footbridge and stile southwest of the breeding ponds.  The proposed diversion would also remove the informal permissive path.

 

RESOLVED -

 

(1)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to make the Diversion Order under Section 119 of the Highways Act 1980 to divert part of Public Footpath No. 7 Ystradowen and, provided no objections are received, the Public Rights of Way Officer be authorised to confirm the Diversion Order. 

 

(2)       T H A T once the required works have been completed, the Public Rights of Way Officer be authorised to issue a Certificate of Completion under Schedule 6 Paragraph 9(1) to 9(3) of the Crow Act 2000.

 

(3)       T H A T the Public Rights of Way Officer not seek any reimbursement from the landowner towards the cost of making this Order, the full costs being met from the Public Rights of Way budget.

 

Reasons for decisions

 

(1)       The Diversion Order was requested for the convenience of the users and to correct anomalies on the Definitive Map of Public Rights of Way.

 

(2)       There are works to be carried out by Valeways on the new route of the path to bring it into being.

 

(3)       The Diversion Order was requested for the convenience of users and to correct anomalies on the Definitive Map, and not at the request of the landowner.”

___________

 

RESOLVED - T H A T the minutes be noted.

 

 

C39     COMMUNICATIONS (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were updated on progress with Communications in the last year, May 2007 to May 2008. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress made in implementing the External and Internal Communications strategies during the last year be noted.

 

(2)       T H A T upon the expiry of the present contract for the design / print / delivery of Vale Waves, new tenders be sought on the basis of four and six issues per year, and a further report be submitted to Cabinet.

 

Reason for decision

 

(1)       To provide Cabinet with an overview of the current communications situation.

 

(2)       In response to the results of the Public Opinion Survey.

 

 

C40     UPDATED ENVIRONMENT POLICY (CX) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a revised Environmental Policy for endorsement.

 

An Environmental Policy was a requirement of Green Dragon.  It is a written statement outlining an organisation’s mission in relation to managing the environmental effects and aspects of its operations.  The Environmental Policy was the cornerstone of an environmental management system’s development and implementation.  A revised version needed to be endorsed by the new administration and a copy was attached at Appendix 1 to the report.

 

The benefits associated with adopting the revised Environmental Policy included:

 

·                    assuring customers of commitment to demonstrable environmental management

·                    maintaining good public community relations

·                    enhancing image

·                    improving cost control

·                    reducing incidents that result in liability

·                    conserving raw materials and energy

·                    sharing environmental solutions

·                    improving industry / government relations.

 

This was a matter for Executive decision.

 

RESOLVED -  T H A T the revised Environmental Policy be endorsed.

 

Reason for decision

 

To show the high level support for the environment and to gain commitment to the contents of the Policy.

 

 

C41     INSPECTION OF THE YOUTH OFFENDING SERVICE (CX) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Cabinet were advised of the outcome of the inspection of the Youth Offending Service and received a proposed improvement action plan. 

 

The final inspection report on the inspection of the Youth Offending Service was received in early April 2008 but was embargoed until 7^th May due to the local elections.

 

The inspection team found a YOS that was failing in several areas.   The Management Board did not have a permanent chair and was lacking leadership and direction.  Key representatives from Children’s Services, Health, Education and the Police were not of sufficient status and meetings were poorly attended.

 

The YOS was faced with a high work load in context of unresolved managerial issues, staff vacancies, posts subject to short term funding and high sickness rates.  Nevertheless, individual staff were committed to working with children and young people, with some good examples of innovative and constructive work in the courts, with the Intensive Supervision and Surveillance Programme and with Parents / Carers. 

 

The overall assessment of the YOS was that it was not working to national standards and that it had an uncertain future.  As a consequence, the YOS would be subject to a re-inspection within 12 months to assess progress. 

 

The recommendations of the inspection report included:

 

·                    the Management Board be properly constituted, works to its terms of reference, was supported effectively by partner agencies who were held to account and new members were properly inducted and prepared for their role

·                    the YOS has a clear strategic role within the Community Safety and Young People’s Partnerships and was able to increase its capacity with their support

·                    the service is fully staffed to the levels already agreed by partner agencies to meet the needs of the service

·                    the Management Board develop a performance management framework to monitor and review the implementation of the Youth Justice Plan and inform the strategic direction of the YOS

·                    the YOS manager received formal and planned supervision

·                    all staff, including administrative staff, are regularly supervised and appraised within a performance management framework

·                    the YOS is supported to make the best use of individual training and development, and team building opportunities

·                    all aspects of national standards relating to practice and operational management are achieved, with a particular focus on:

-          the development of a prevention service to meet the needs of individual children and young people

-          improving the quality of multi-agency assessment and contributions to intervention plans by the YOS case managers and specialist staff, Children and Families Services, Education and Health colleagues

-          improving the quality of initial intervention plans and, in particular, the management of Risk of Harm and helping children and young people stay safe

-          the development of victim and restorative justice work.

 

A workshop had been held on 11^th April with YOS staff and Management Board members to develop an action plan to progress these and other issues highlighted in the inspection report.  A copy of the action plan was attached at Appendix 1 to the report.

 

This was a matter for Executive decision.

 

RESOLVED -

 

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

 

(2)       T H A T the improvement action plan be endorsed.

 

(3)       T H A T Cabinet receive progress reports on the implementation of the improvement action plan every three months.

 

Reasons for decisions

 

(1)       In order to be aware of the criticisms of the Youth Offending Service. and the importance of the making of the necessary improvements.

 

(2)       To identify the work that needs to be undertaken to improve the Youth Offending Service.

 

(3)       To monitor progress against the improvement action plan.

 

 

C42     EXTERNAL FUNDING APPLICATIONS (CX) (SCRUTINY - LIFELONG LEARNING RE SCHOOL-BASED COUNSELLING SERVICE, ECONOMY AND ENVIRONMENT RE TIDY TOWNS) -

 

Cabinet approval was sought to submit external funding applications to maximise the amount of external resources to support the delivery of corporate objectives.

 

School-based Counselling Service

 

The Welsh Assembly Government was seeking applications to develop a school-based counselling service.  Three year incremental funding was available to local authorities to support universal provision by 2010/11.  The indicative allocations available for the Vale of Glamorgan were £42,920 in 2008/09; £85,840 in 2009/10 and £107,300 for 2010/11. 

 

The Children’s Commissioner for Wales Clywch Inquiry Report, Estyn Inspection of Youth Support Services and 2005 and 2006 Youth Conferences identified a need for the service. 

 

Initially, the funding was concentrated on developing provision for children and young people of secondary school age. 

 

The project had been developed by the Children and Young People’s Framework and was a completely new approach.  The model proposed for the Vale of Glamorgan School-based Counselling Service (Secondary schools) may be identified as a Centralised Peripatetic or In-House Local Authority provision and would comprise of the following:

 

·                    A small team of counsellors contracted / employed approximately 0.9 Full Time Equivalent in year 1 growing to 2.6 in year 3.

·                    Initially designated to three / four Secondary schools in year 1, growing to 8 in year 3, a service of approximately half a day per week would be offered in addition to some out of school or non mainstream education provision.  The amount of time spent in each school may vary according to the size of the school (i.e. the number of pupils on roll) and total hours available.

·                    Counselling to be offered on a one to one basis, which would seek to bolster support services in schools and reduce the need for higher ended services.

·                    A bank of counsellors would be developed (in conjunction with other authorities) to enhance referral for specialist counselling.

 

Although the proposal had been specifically developed to meet the needs of schools in the Vale, opportunities for collaborative working with neighbouring authorities were being explored to maximise value for money.  For example, joint management of provision to reduce overhead costs.

 

The counselling project would be overseen and managed through a working group, answerable to the Children and Young People’s Framework.  The Access and Inclusion Team within Learning and Development would provide line management of the school-based counsellors who would then work as an integral part of each school’s staff team.

 

The funding would enable a phased increase of provision over 3 years.  The project would begin in September 2008 and would be rolled out in 3 stages. Stage 1 would be limited within its approach and would be targeted on 3 / 4 Secondary schools.  It was envisaged the pilot phase 1 approach would be rolled out to all 8 mainstream local authority schools, 3 special schools and those providing a service to young people not within a mainstream school setting during phase 2 (2009/10).  The final phase of the project would seek to expand provision to those areas and schools where need had been identified.

 

Tidy Towns Scheme

 

The Tidy Towns Scheme was a 3 year Welsh Assembly Government grant available to local authorities to run a wide range of projects to improve the local environment and transform areas of neglect.  The objectives of the grant were:

 

·                    to support partnership working between local authorities, statutory and voluntary groups to improve the environmental quality of Wales;

·                    to support community groups to undertake practical environmental work which would lead to improved access and enhanced biodiversity value

·                    to promote wider environmental awareness leading to practical involvement in local environmental and other climate change initiatives.

 

£110,535 had been indicatively allocated to the Vale each financial year until 2010/11. 

 

The conditions of grant required the authority to engage with Keep Wales Tidy and other third Sector organisations such as BTCV and Groundwork Wales and statutory bodies such as Environment Agency Wales and Countryside Council for Wales to identify, plan, co-ordinate, facilitate and to deliver local initiatives to improve local environmental quality.

 

Partnership was integral to the grant which included demonstrating local need was determined in partnership wit local authorities.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T retrospective approval be granted for the submission of an application to the Welsh Assembly Government in respect of the development of a school-based counselling service for young people in secondary schools.

 

(2)       T H A T approval be granted for the submission of an application and acceptance of grant under the Tidy Towns Initiative to support work with partners and communities to improve the environment.

 

(3)       T H A T a further report be brought before Cabinet identifying how the money would be spent.

 

Reasons for decisions

 

(1)       To enable the development of new school-based counselling service for young people in secondary schools.

 

(2)       To maximise external resources available to the Council and partners to improve the environment, including action to improve areas of poor environmental quality.

 

(3)       To inform Cabinet.

 

 

C43     DISPOSAL OF COUNCIL LAND IN SUPPORT OF THE HOUSING INVESTMENT STRATEGY (DEER) (SCRUTINY - CORPORATE RESOURCES AND HOUSING AND PUBLIC PROTECTION) -

 

RESOLVED - T H A T consideration of this item be deferred to the next meeting of Cabinet in order to permit consultation with local Ward members to take place.

 

 

C44     RETAIL UNIT AT 57 WINSTON ROAD, BARRY (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were requested to determine whether the Council as Landlord should grant consent for a change of use for the retail unit at 57 Winston Road, Barry, from use as a pharmacy to A3 use, which under the Use Classes Order 1987 covered restaurants, cafés, pubs, wine bars and hot food takeaways.

 

This matter had been previously considered by Cabinet on 12^th March 2008, but a decision had been deferred pending receipt of further information which had now been obtained. 

 

The Council owned the freehold interest over land on Winston Road in Barry on which was situated a block of 3 shops.  The Council had granted a joint building licence to 3 individual businesses who together funded the construction of the block of shops.  Each business was then granted a 99 year lease of 1 retail unit each, at a ground rent of £10 per annum.

 

The business had permitted uses of hot food takeaway, pharmacy and general store, respectively.  Number 57 Winston Road was the one whose permitted use was to trade as a pharmacy. 

 

The leaseholder now intended to sell his leasehold interest in the property and, in preparation for the sale, he had successfully obtained planning permission to change the use of the premises from the current use as a pharmacy to A3 use and that it was intended that the premises be utilised as a hot food takeaway.  Consent was now sought from the Council as Landlord for this change of use prior to the leaseholder selling his leasehold interest. 

 

Prior to the matter being considered by Cabinet in March 2008, enquiries had been made from the Local Health Board regarding the licensing of the pharmacy at 57 Winston Road.  The Local Health Board had confirmed that a licence had previously been granted to the current holder of the lease to operate a pharmacy but the licence had expired without the pharmacy ever opening for business. The Board further advised that another individual had subsequently applied to operate a pharmacy at this address but that the application had been refused.  This latter applicant had submitted an appeal to the Welsh Assembly Government.  Enquiries with the Welsh Assembly Government had confirmed that an appeal had been lodged but that it had not yet been resolved at the time. 

 

Cabinet, in March 2008, had resolved to defer the matter until the outcome of the appeal submitted to the Welsh Assembly Government was known.  Shortly after this decision, the appeal was withdrawn.  The current tenant provided Estates with a copy of a letter from the Welsh Assembly Government to this effect.

 

Enquiries had been made recently with the Local Health Board to find out what the likelihood of a licence being granted for a pharmacy at this property would be if another individual were to submit an application.  The response from the Local Health Board was that it was not possible to provide a hypothetical answer to the enquiry because each application was treated on its own merits.

 

The lease stated that the property can be used as a pharmacy and this use must not be changed without the prior consent of the landlord.  The Council therefore had complete discretion on whether to grant consent for the requested change of use.

 

If the Council refused consent the leaseholder would be left with a retail unit that he could not personally use for his pharmacy business because he no longer held a licence from the Local Health Board to operate a pharmacy. 

 

Even though the lease restricted use of the premises as a pharmacy, from a planning perspective the current A1 classification included shops selling all kinds of goods or cold food, therefore, if the Council refused consent for A3 use, the leaseholder would still have the option of requesting landlords change of use from a pharmacy to some other use classed as A1.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the Director of Finance, ICT and Property in conjunction with the Director of Legal, Public Protection and Housing be authorised to grant and effect the requested change of use for the retail unit at 57 Winston Road, Barry, from use as a pharmacy to A3 use, which under the Use Classes Order 1987 covered restaurants, cafes, pubs, wine bars and hot food takeaways.

 

Reason for decision

 

To enable the matter to be resolved and the lease amended as appropriate.

 

 

C45     REVIEW OF LOCAL GOVERNMENT PENSION SCHEME (LGPS) DISCRETIONS (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

In accordance with the provisions of the Local Government Pension Scheme, the Council as an employing authority was able to operate certain discretionary powers.  Under the Regulations, it was necessary to have a written policy outlining how the Council would, in general, exercise certain of the discretionary powers.  A review of the policy on discretions was required since the new look pension scheme became operative on 1^st April 2008. 

 

Policies adopted in respect of early retirement, flexible retirement and redundancy did not and may not commit the Council to automatic adoption of the terms, as each case needed to be considered on its own merits.  The policy was to be regarded as the framework and the broad statement of principles.  There was an established process for assessing the business cases for early retirement and redundancy within the policy.

 

Under Regulation 66 of the LGPS administration regulations, the Council was required to prepare a written statement of its policy in relation to the following discretions under benefits regulations:

 

·                    Regulation 12 - power to increase total membership of active members

·                    Regulation 13 - power to award additional pension

·                    Regulation 18 - flexible retirement

·                    Regulation 30 - choice of early payment of pension.

 

The Council also exercised discretion under the discretionary compensation regulations as follows:

 

·                    Regulation 5 - power to increase statutory redundancy payments

·                    Regulation 6 - power to grant discretionary compensation payments.

 

Under Regulation 7, the Council was required to formulate, publish and keep under review the policies that they applied under Sections 5 and 6 above.  This was last reviewed in October 2007.

 

The Council was required to send a copy of the policy statement to the administering authority (Cardiff).

 

An appendix to the report showed the existing policies and necessary or suggested amendments as a result of the review in line with the new scheme regulations.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the policy on discretions be amended in line with the recommendations outlined in column 2 of the appendix to the report.

 

(2)       T H A T the policy and necessary guidance be published in line with the regulations and the administering authority (City and County of Cardiff) be informed of the changes.

 

Reasons for decisions

 

(1&2)  To ensure discretions are operated within the provisions of the relevant regulations.

 

 

C46     14-19 LEARNING PATHWAYS (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet were informed of curriculum developments 14-19. 

 

The Learning Pathways Programme was designed to give each individual learner the opportunity to follow a learning pathway, which was tailored to meet their needs, in a structured and supportive way. 

 

There were 6 key elements to Learning Pathways:

 

·                    individually tailored learning pathways that took greater account of the needs of the individual (within statutory requirements)

·                    wider choice of relevant options

·                    wider learning which encompassed skills, knowledge, understanding, values and experiences, irrespective of the individual’s chosen pathway

·                    support from a specifically trained Learning Coach

·                    access to personal support

·                    impartial careers advice and guidance.

 

It was a requirement that each local authority be required to establish a 14-19 Network and produce an annual development plan (ANDP).  This plan must demonstrate how working collaboratively and strategically, the Network would address both the local and National agenda.  Within the Vale of Glamorgan, the 14-19 Network had worked effectively to develop arrangements to deliver the Assembly Government aspirations.  The Network comprised representative Headteachers, Careers Wales, Barry College and other vocational education providers.

 

The new and extended curriculum had been well received by both schools and young people.  However, vocational options were expensive and there were many unresolved issues around sustainability.

 

In an attempt to support these developments, the Welsh Assembly Government allocated funding annually to each local Network via the local authority. 

 

In the financial year 2006-07, £4m. was allocated across Wales.  Of this, £398,000 was received by the Network.  In 2007-08 the figure across Wales increased to £32m.  The Vale Network received a total of £693,439, £524,279 revenue, £115,160 capital.  £75k. of the monies was ring fenced to support the appointment of a co-ordinator.  The funding was used to develop and introduce a range of new vocational opportunities for young people.  These included construction trades, technology, health, catering in addition to a range of additional provision for special schools.

 

During 2007-08 the Network received a supplementary grant of £115k. revenue which included £30k. for the appointment of a Quality Champion.  A further capital grant of £65k. was received to undertake a feasibility study in support of the development of a high quality 14-19 Learning Centre. 

 

2008-09 had seen a further increase in funding allocated to this area, £64m. across Wales.  The Network was in receipt of £681,562 revenue and £109,000 capital.  Funding this year would enable the Network to:

 

·                    improve and extend the Options Menu available to 14-19 year olds and thus increase participation and retention

·                    facilitate more opportunities in Work Based Learning in the Vale by providing additional flexible learning facilities to encourage partnership with quality learning providers

·                    ensure that all learners had access to appropriate personal support

·                    implement the Vale Quality Framework establishing new high quality provision with continuous improvements at its core.

 

The Network had also been successful in securing a capital grant of £767,000 to establish a Learning Centre on the Barry Waterfront.  This would be a new build proposal which would provide additional capacity in the Vale of Glamorgan to extend opportunities within the Options Menu for Key Stages 4, 5 and 6. 

 

The successful collaboration had been developed between the Vale’s Secondary schools and Barry College now urgently required additional physical capacity to meet the demands of the 14-19 Curriculum.

 

Built environment training capacity was of particular importance to support future developments at MOD St. Athan for the Defence Training Academy, continued re-development of Barry Waterfront as well as other major developments in Cardiff and the wider Capital Region. 

 

The 14-19 Learning Centre would also require a flexible environment to enable the new buildings to be reconfigured as required to respond to future training and educational needs.  This flexibility would ensure that the Vale could have a more responsive learning infrastructure base to support the further embedding of the 14-19 Learning Pathways and in providing a local curriculum in line with the “Proposals for Learning and Skills (Wales) Capital Measures 2008”.

 

It was proposed that the Centre would be situated on a new site, the Triangle, within the Barry Waterfront.  It would also compliment existing and new learning facilities being considered for development at the Waterfront including:

 

·                    the ICT Centre

·                    Business Development Centre

·                    Railway Renovation Facility

·                    Heritage Centre - Chapter Arts 2

·                    Possible relocation of Barry College.

 

The Learning Centre supported the wider strategic vision of a Lifelong Learning Quarter located on Barry Waterfront and would be available for twilight, evening, weekends and for school / college holiday periods.  This would permit:

 

·                    workforce development needs of employers and employees to be addressed

·                    adult learning courses

·                    courses for unemployed and economically inactive

·                    basic skills programmes

·                    Welsh language course for Vale residents

·                    ESOL courses for economic migrants

·                    skills development of adults, including unemployed and economically inactive to ensure that the Vale maximised the employment opportunities that would be created as a result of the development of the Defence Training Academy at St. Athan.

 

A further report would be submitted to Cabinet outlining the management of the project once the National Assembly for Wales had issued the conditions of the grant.

 

This was a matter for Executive decision.

 

RESOLVED -

 

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

 

(2)       T H A T the grant be accepted for the financial year 2008/09.

 

 

Reasons for decisions

 

(1)       Members are apprised of national developments in relation to the 14-19 Curriculum.

 

(2)       To enable the Vale Network to meet the requirements of the 14-19 Pathways Agenda.

 

 

C47     TREASURY MANAGEMENT 2007/08 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

The annual treasury report covered:

 

·                    the Council’s current treasury position

·                    the strategy for 2007/08

·                    the economy / interest rates in 2007/08

·                    the borrowing outturn for 2007/08

·                    investment outturn for 2007/08

·                    compliance with treasury limits and Prudential Indicators.

 

The Council’s external debt as at 31^st March 2008 (excluding accrued interest) was £105,759,652 (2006/07 £101,857,625) and was summarised as below:

 

	Opening Balance 01/04/2007 £’000	Received     £’000	Repaid     £’000	Closing Balance 31/03/2008 £’000
P.W.L.B.	95,193	6,000	1,575	99,618
Long Term Loans	6,552	0	552	6,000
Bonds	22	0	0	22
Temporary Loans	90	30	0	120
Total	101,857	6,030	2,127	105,760

 

This was a matter for approval by Full Council.

 

RESOLVED -

 

(1)       T H A T the report be accepted and referred to Full Council.

 

(2)       T H A T Council be recommended to amend (where required) the existing Treasury Policy Statement and Annual Treasury Strategy Statement in respect of internally managed funds to allow an increase in the level of investment to £10,000,000 for UK and International Banks who have a minimum credit rating of F1+, AA-, B, 1 as determined by the “Fitch” Credit Rating Agency. 

 

Reasons for decisions

 

(1)       That Cabinet accept and refer the report to Council.

 

(2)       To allow an increase in the level of investment where certain criteria are met.

 

 

C48     CLOSURE OF ACCOUNTS 2007/08 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were informed of the provisional financial position of the Council for the 2007/08 financial year.  This also constituted an account of the major financial issues during 2007/08. 

 

Set out below is a table which compares the amended estimate and the actual expenditure for the Authority:

 

 

 

The main reasons for the variances were set out in paragraphs 10 to 32 of the report. 

 

The net final underspend of £2,042m. was before the proposed use of £4,050m. from General Reserves.  The amount of General Reserve balance required would consequently be reduced by the underspend to £2,008m. (£4,050m. minus £2,042m.). 

 

Housing Revenue Account

 

The Housing Revenue Account for 2007/08 showed a surplus of £1,869k. compared to the Revised Estimated surplus of £868k.  The working balance now stood at £5,096k.  The additional £1,001k. could be reinvested to help meet the Welsh Housing Quality Standards. 

 

The overall position was attached at Appendix 2 to the report and the main reasons for the variances were as follows:

 

·                    Supervision and Management General - £335k. - the favourable variance was largely due to staff vacancies (£127k.) within the Housing Department, in particular Housing Management, Policy and Projects, and the Homes4U team.  In addition Supplies and Services outturned at £164k. less than anticipated.  This was mainly attributable to money earmarked for software systems and the WHQS team being under utilised.

·                    Supervision and Management Special - £134k. - the favourable variance was due to some staff vacancies at the Hostel and Estate staff (Cleaners and Wardens).  In addition, expenditure on Supplies and Services outturned at less than anticipated.

·                    Capital Finance charges were £169k. less than estimated due to principal repayments being made within the year, reducing the HRA debt.

·                    Rents, Rates Taxes and Other Charges - £81k. - this favourable variance was largely due to the writing back of prior year provisions no longer required.  In addition expenditure via the Residents’ Associations had been less than expected.

·                    HRA Subsidy Payable - £86k. - adverse variance.  The revised estimate for the amount of subsidy payable to the Welsh Assembly Government did not include an adjustment of £81k. for the final claim relating to 2006/07, changes in the interest rate applied, and the amount of capital receipts received would account for any other differences.

·                    Rent collected on dwellings and garages - £270k. - this favourable variance was due to a decrease in the number of Council houses sold through Right to Buy and more efficient management of void properties and tenant arrears resulting in less write-offs.

·                    Interest earned was around £121k. more than anticipated due to an increased Housing Revenue Account balance.

·                    The above had been offset by an adverse variance of £24k. as a result of a less than expected reduction in the bad debt provision.

 

Insurance Fund

 

The total Insurance Fund comprised of both a provision and reserve.  It was used to pay premiums to external insurance companies and the settlement of claims.  It received sums charged to service revenue accounts and income from insurance repayments from claims.  Set out below were the gross movements on the fund for 2007/08:

 

 

 

Of the closing balance £2,026k. was held as a provision, representing potential liabilities on known claims and £2,030k. as a reserve for claims not yet made.

 

Trading Organisations

 

The Trading Organisations were made up of Building Maintenance, Caretaking and Security, and Building Cleaning and Vale Catering Services.

 

The provisional figures for the Trading Services showed an overall surplus of £258k.  The Building Cleaning / Security Service made a combined surplus of £121k.  The Building Maintenance Trading Unit made a surplus of £137k. 

 

Catering Trading - adverse variance of £97k. 

 

Capital

 

The overall position on the revised 2007/08 Capital Programme was a net underspend of £3,520k. once various overspends had been funded. 

 

The main reasons for the variances were set out in paragraph 42 - 60 of the report. 

 

Minimum Revenue Provision

 

The Welsh Assembly Government had amended the Capital Finance and Accounting (Wales) Regulations 2008 which came into force on 31^st March 2008.  It required an authority to charge an amount of minimum revenue provision (MRP) in respect of the financing of capital expenditure that it considers prudent.  WAG had issued guidance on what constitutes “prudent provision” and requires the Council to approve a statement each year of the policy on making MRP.  This statement covers the 2007/08 and 2008/09 financial years, in line with the timetable in the WAG guidance.  The accounts were provisionally finalised for the financial year 2007/08 and the WAG guidance required Council to retrospectively approve the method of calculation of the MRP charge.  In accordance with WAG’s guidance, the MRP charge for 2007/08 was calculated using the methodology prescribed by the regulations in force before 31^st March 2008.  Another option would have been to calculate the MRP on the non-Housing Capital Financing Requirement at the end of the preceding year.  This would have resulted in a lower figure by approximately £80,000.  This did not save the Council money in the long term but deferred the principal repayment.  The option that had been used more accurately reflects the MRP on the whole debt of the Authority. 

 

Council, on 20^th February 2008, had already approved the MRP calculation methodology for 2008/09 which mirrored that applied in 2007/08.

 

Reserves

 

A reserve was an appropriate from a revenue account and was not included as part of the costs of the services until expenditure was eventually incurred.  A reserve did not cover a present obligation or liability and was a voluntary means of setting aside monies for future requirements either capital or revenue.

 

Funds no longer required as reserves may be transferred to the General Fund to be used for other purposes.  In accordance with the Final Proposals for the Revenue Budget 2008/09 approved by Council on 20^th February 2008, £3m. from the Job Evaluation Reserve was to be transferred back to Revenue and that a transfer of £2m. be made to the Council Building Fund and a transfer of £1m. be made to the Early Retirement / Redundancy Fund in 2007/08.

 

Attached at Appendix 5 to the report was a schedule showing the Council’s reserves at 31^st March 2008.

 

Cabinet, having considered the report:

 

RECOMMENDED -

 

(1)       T H A T the following Capital Budgets be amended within 2008/09 to reflect slippage and be referred to Council for approval:

 

 

 

 

That the following budgets be amended in 2009/10 to reflect slippage and be referred to Council for approval:

 

 

 

(2)       T H A T the MRP charge for 2007/08 using the methodology prescribed by the Regulations in force before 31^st March 2008 be approved and referred to Council.

 

(3)       T H A T the remainder of the report and the financial measures taken and proposed be approved.

 

(4)       T H A T the Director of Finance, ICT and Property be authorised to make any adjustments that may be required from further detailed examination, both prior to and arising from audit.

 

Reasons for decisions

 

(1)       To approve and refer to Full Council amendments to the 2008/09 and 2009/10 Capital Programme due to slippage.

 

(2)       To approve and refer to Council the 2007/08 MRP methodology.

 

(3)       To approve the remainder of the report and the financial measures taken and proposed.

 

(4)       To allow adjustments by the Director of Finance, ICT and Property prior to and arising from audit.

 

 

C49     MATTERS WHICH THE CHAIRMAN HAD DECIDED WERE URGENT -

 

RESOLVED - T H A T the following matters which the Chairman had decided were urgent for the reasons indicated under the minute headings be considered.

 

 

C50     COMMUNITIES FIRST (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Urgent by reason of the need to progress Communities First priorities.

 

Cabinet were updated on the progress of the Communities First initiative within the Vale of Glamorgan, and approval was sought for the acceptance of additional grant funding, and to change current representational arrangements.

 

Communities First is a Welsh Assembly Government initiative aimed at encouraging community groups in disadvantaged areas to take a positive role in local regeneration.  Within the Vale of Glamorgan were two fairly narrowly defined Communities First areas within the communities of Gibbonsdown and Thompson Street.

 

As part of the support arrangements for Communities First and because the Partnership Boards were not recognised as legal entities, there was a requirement for an organisation to act as a Grant Recipient Body.  The applications of the Grant Recipient Body was to ensure standards of probity and to ensure Welsh Assembly Government grant conditions were met in full.  Following initial arrangements for the Vale Council of Voluntary Service to act as Grant Recipient Body for the Communities First Partnerships within the Vale of Glamorgan, this responsibility transferred to the Vale Council in April 2005. 

 

The Council therefore had two responsibilities towards the Partnership Board.  The first was to act as partner in developing proposals and initiatives within the community.  The second was to fulfil specific obligations as Grant Recipient Body. 

 

The management of the two roles of the Council had proved to be a challenge, relationships with one of the Partnership Boards had been strained as a consequence. 

 

The Director of Finance, ICT and Property in meeting her Section 151 responsibilities had also commissioned an independent audit of the financial management of the Thompson Street Communities First Partnership. 

 

That audit (undertaken by Grant Thornton, the Council’s appointed External Auditors) had identified a number of areas where improvement in transparency and accountability would be required.  The report, together with an action plan to address these issues, would be presented to the Partnership Board for adoption.  The details of the audit were presented to both the Audit Committee on 5^th June and Cabinet on 11^th June 2008. 

 

The Welsh Assembly Government had reviewed Communities First arrangements and had committed to a further stage of development which would be called Communities Next.  Within the Vale of Glamorgan an opportunity would extend the Communities First areas in Gibbonsdown (extending it to Court Ward and the whole of the Gibbonsdown Ward) and in Thompson Street (extending into the whole of Castleland Ward).  The Welsh Assembly Government had offered additional funding to support these developments in their respective areas.  The grant offers were £159,429.00 for Thompson Street / Castleland and £171,484.55 for Gibbonsdown / Court.  One of the recommendations of the report before Cabinet was additional funding offered be accepted.

 

However, there was a need to improve the Corporate Management arrangements of the Communities First Programme to maximise benefits for individuals and communities.  For this reason, it was proposed that the Council representation on the Thompson Street / Castleland Partnership Board be amended to the Council’s Chief Executive of his representative.  In addition, the Council’s head of Lifelong Learning, as a representative of the Grant Recipient Body, would attend Partnership Board meetings.  Council would continue to have only 1 vote on the Partnership Board (either attendee).

 

In addition, the existing Partnership Boards would ensure that the increased catchment resulting from the formation of the new Communities First Areas was reflected in the Constitution and membership.  The Director of Learning and Development would also be writing to each Partnership Board recommending the co-option of the relevant Ward members as community sector Board members. 

 

It was expected that this revised representation, together with clarification of elements of guidance by the Welsh Assembly Government and implementation of the action plan in response to the External Audit report would provide the Communities First initiative within the Vale of Glamorgan with fresh impetus and new opportunities for progress.

 

This was a matter for Executive decision.

RESOLVED -

 

(1)       T H A T the current position of Communities First within the Vale of Glamorgan be noted.

 

(2)       T H A T the acceptance of additional Communities First funding of £171,484.55 for Gibbonsdown / Court and £159,429.00 for Thompson Street / Castleland be authorised to the Grant Recipient body.

 

(3)       T H A T the proposed changes to the current representational arrangements be endorsed.

 

(4)       T H A T the Action Plan produced following the Audit by Grant Thornton be adopted by the Partnership Board and that no further commitments be made by the Council, acting as Grant Recipient Body, until the identified concerns have been addressed.

 

(5)       T H A T Cabinet, as Grant Recipient Body, receive a plan which identifies the proposed use of the additional funding.

 

Reasons for decisions

 

(1)       To update Cabinet.

 

(2)       To apply the financial procedures.

 

(3)       To improve corporate representation arrangements.

 

(4)       To ensure the issues of concern are addressed.

 

(5)       To further inform Cabinet.

 

           

C51     PROPOSALS TO CHANGE THE STRUCTURE OF THE NHS IN WALES: CONSULTATION PAPER (DSS) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

Urgent by the need to respond to the consultation paper by 29^th June, 2008

 

Cabinet received a report which:

 

(1)       Gave an update on the Wales Assembly Government (WAG) proposals to change the structure of the NHS in Wales.

 

(2)       Sought approval to a proposed response from the Council on the proposals.

 

The Welsh Assembly Government had proposed widespread changes to the structure of the NHS in Wales.  These would have considerable impact on the way health and social care services were planned and delivered, especially with regards to responsibility for community health services.

 

The areas for consultation included:

 

·                    Abolishing the internal market in Wales, by providing funding from the Welsh Ministers or a National Board directly to NHS Trusts and Local Health Boards (LHBs)

·                    Three options for establishing a National Health Service Board for Wales (the National Board).  These were a Special Health Authority, a Civil Service Board or an Advisory Board supporting an Assembly Government Chief Executive.  The National Board / Chief Executive would have oversight of the whole NHS in Wales, and would be responsible for agreeing, with NHS Trusts and LHBs the work which was to be carried out by them and the funding which was to be provided in order to allow that work to be carried out.

·                    A reduction in the number of LHBs from twenty two to eight.

·                    Transferring the management and provision of community services from NHS Trusts to LHBs.

·                    The constitution and membership of the LHBs in Wales.

·                    The constitution and membership of NHS Trusts in Wales.

·                    A possible revised model for providing shared services, such as procurement, certain legal services and estates advice across Wales.

 

It was anticipated that the final decision would be announced on 16^th July and that the new organisations would be in place on 1^st April 2009.

 

The consultation period ended on 25^th June 2008.

 

The report considered a number of issues associated with the Consultation Document, including

 

-                      absence of clear rationale for proposed changes

-                      loss of co-terminus boundaries with our major planning partner

-                      abolishing the internal market in Wales

-                      how to establish clear accountability for delivering effective health and social care services across more than one health body

-                      under current arrangements, the Vale Council has to find the capacity for working closely with two large NHS Trusts in the planning and delivery of most services

-                      risk to joint management arrangements and productive working relationships now in place

-                      a proposal to have a single Trust and a single LHB for Cardiff and the Vale would restrict the Vale’s opportunities to explore partnerships which respect the fact that the Vale and Cardiff Councils had different interests in respect of some issues

-                      Local public health teams were located currently within the Local Health Boards, and distancing them from local government would be a retrograde step.

 

In each case, the report suggested a possible response. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Wales Assembly Government be advised that Cabinet objects to the proposal to merge the Vale and Cardiff LHBs and also any proposal to have a single health body covering the Vale and Cardiff.  Cabinet is strongly of the view that the interest of Vale residents will not be best served by a Cardiff centric health service given the differing character and needs of the two communities and that other options be pursued.

 

(2)       T H A T the urgency procedures of the Council be adopted to determine this matter.

 

(3)       T H A T Corporate Management Team be requested to report further.

 

Reasons for decisions

 

(1-3)    To ensure that the needs of Vale residents for health and social care services are properly represented in decisions about reconfiguring the NHS in Wales; to ensure that key partnerships for delivering the Vale’s Health, Social Care and Wellbeing Strategy continue to operate as effectively as possible; to ensure that the possible impact upon all local government functions in the area is given proper consideration and to ensure that any proposed governance arrangements for the NHS acknowledge the community leadership role of local authorities.