CABINET

 

Minutes of a meeting held on 3rd September, 2008.

 

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

 

 

C122              APOLOGIES FOR ABSENCE -

 

These were received from Councillors A.M. Ernest and A.D. Hampton.

 

 

C123              MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 31st July, 2008 be approved as a correct record.

 

 

C124              DECLARATIONS OF INTEREST -

 

Councillor R.L. Traherne declared an interest in Agenda Item 18 - Personal interest as a member of the Forum.

 

 

C125              VALE OF GLAMORGAN LOCAL ACCESS FORUM -

 

The following minutes of the meeting held on 18th June, 2008 were submitted:

 

Present:Mr. J.V. Custance, Mr. D.J. Field, Mrs. V.M. Hartrey, Mr. J.J. Herbert, Mrs. H. March, Mr. H.S. McMillan, Mr. N. Moss, Mr. R. Pittard and Mr. R. Traherne.

 

Mr. J. Wyatt (Chairman); Mr. B. Guy, Mr. C. Jones-Jenkins and Mrs. S. Thomas (VOGC).

 

 

Action

(a)     Appointment of Chairman -

 

In accordance with the procedure set out in Regulation 12 of the Countryside Access (Local Access Forums) (Wales) Regulations 2001, Jeff Wyatt reminded the LAF that the previous Chairman had now resigned and, accordingly, sought nominations for Chairman.  The term of office of the new Chairman would be until the demise of the current LAF in November 2008.  The sole nominee put forward subsequently declined to accept the nomination and, following consideration of an alternative option, namely that the current Deputy Chairman assume the Chair for the remainder of the current LAF, it was unanimously

 

AGREED - T H A T the current Deputy Chairman assume the Chair for the remaining meetings.

 

(b)     Apologies for Absence -

 

These were received from Mr. D. Hopkin, Mrs. M. Morgan, Mr. R. Simpson and Mrs. V. Warlow; Ms. S. Tindall (CCW).

 

(c)     Minutes -

 

AGREED - T H A T the minutes of the meeting held on 16th January, 2008 be approved as a correct record.

 

In response to a question relating to Valeways, Bob Guy confirmed that consideration was ongoing as to how best to continue supporting Valeways, given the invaluable contribution the organisation made. 

 

(d)     Coastal Access Improvement Programme -

 

In response to concerns expressed by John Custance in relation to footpaths in the Marcross / Monknash area, in particular, references to Blaen-y-Cwm under Map 6 in the minutes of the previous meeting, Chris Jones-Jenkins agreed that it would be necessary for his team to have a further look at the areas in question.

 

In response to a question from Heather March, Bob Guy confirmed that the position in relation to the use of existing slipways to access beaches at Ogmore, Dunraven and Cwm Colhuw was currently being addressed. 

 

An update was given of the present position in relation to the preparation of the Coastal Access Improvement Programme (CAIP). A revised list of what were considered achievable CAIP schemes was circulated (drawn up having regard to the advice of the consultant and to accord with current Countryside Council for Wales (CCW) thinking with the aim that they would be more likely to attract funding than the original list).  Bob Guy confirmed that the list was aspirational and would act as the framework on which funding bids would be based for the 5 year programme; the LAF would help inform the development of that programme. Officers explained that the content of the list was substantially the same as that first considered by the LAF in January 2008 but that schemes had largely been condensed/ refined to match more closely CCW criteria. Given that Members of the LAF would have insufficient time to re-assess each scheme fully at the meeting, the proposal made that officers be supported in promoting the reduced list and report back to the next meeting of the LAF was accepted. Views were, however, expressed questioning the value of LAF contributions given the very late submission of this comprehensive list. Bob Guy reaffirmed that the views of the LAF as a body were taken on board as well as those expressed by individual LAF Members and other consultees/ stakeholders; indeed, the vast majority of the content of the list had been arrived at as a consequence of consultation. Members were asked to contact the Public Rights of Way Team with any further proposals as soon as possible. The LAF would be involved in the review of the annual programme prior to the submission of funding bids. As indicated above, a progress report would be submitted to the next meeting for consideration, following which site visits would be undertaken of selected areas.

 

During the course of discussion on the content of the revised list, Chris Jones-Jenkins confirmed that were Pont-y-Werin not to be constructed there would be alternative access and that discussions were ongoing with Cardiff Council regarding cross border issues. Concern was expressed generally at the difficulties experienced in Cardiff with Associated British Ports (ABP) in obtaining access along the coast itself and to similar difficulties being anticipated in a few years in Barry and further along the South Wales coastline. Proposals to help resolve the matter included an approach to ABP from the LAF either directly or in conjunction with Cardiff LAF, and by means of this Council’s Cabinet. It was subsequently agreed that the Secretary contact the Chairman of the National Access Forum on this point in order that a co-ordinated approach might be adopted.

 

Other matters raised during consideration of the CAIP included the issue of “access for all”, the question being asked as to what percentage was envisaged.  Chris Jones-Jenkins indicated that that provision would be concentrated in Barry and Penarth where access already existed, the aim being also to retain the rural nature of the western Vale whilst effecting improvements suitable to that environment.  Discussion briefly took place on other locations where it was proposed that access for all could be successfully effected. The LAF would be notified of further details as to the level of access for all which would eventually be included in the published CAIP.

 

AGREED – THAT current position be noted and the actions agreed progressed.

 

(e)     LAF Volunteers Performance Indicators Survey: 2007 -

 

As indicated in the report, preparations had been made for a 5% random sample survey in addition to the regular one (thereby increasing the annual sample rate to 10% in line with an action point included in the ROWIP). However, of the initial six volunteers, only four had completed their allocations; the results of the survey undertaken in August/September2007, therefore, represented a 3.64% sample. Graphs were circulated indicating the percentage of Public Right of Way that was easy to use within the Vale and the percentage of the number of paths signposted from the road.  Whilst the signposting resulted did not differ widely from the results of the Ramblers Association survey, there was a wide discrepancy between the two surveys in respect of “easy to use” for which no reasons were immediately apparent.

 

AGREED -  THAT a similar exercise be undertaken in the late summer/autumn of 2008 with a view to completing a regular Performance Indicator survey every year to supplement the spring 5% return, it being noted that the following Members of the LAF had volunteered their services:

Mr. Custance, Mr. Field, Mrs. Hartrey, Mr. Herbert, Mr. McMillan, Mr. Moss and Mr. Pittard.

 

(f)     Annual Report 2007/08 -

 

Consideration was given to the draft Annual Report which had been circulated prior to the meeting. Whilst recognising the time and effort expended on the preparation of the document, questions were raised as to who comprised the target audience and whether the information contained therein was presented in such a way as to attract that audience, given in part that much of the information within the draft report could be obtained from reading the minutes of the LAF meetings which were already available both in hard and electronic format.  Jeff Wyatt explained that the production of an Annual Report was a statutory requirement and had, therefore, to contain certain elements.  He readily accepted, however, that a better way of engaging the public’s attention might be to publish short and snappy newsletters on the Council’s website or in hard copy through Valewaves. In the interim the content of the current annual report would be reduced, focussing on headline news over the last year and achievable aims and objectives; in addition, the report would reflect the current position since those aims and objectives were subject to change over the course of time for various reasons. The revised report would also indicate to readers where to find more detailed information on the membership and work of the LAF should they wish further information. The revised version would be circulated by e-mail for Members’ attention.

 

 

AGREED – THAT the Secretary revise the draft report as indicated above.

 

(g)     Next Meeting -

 

It was agreed that the next meeting would take place in the Visitor Centre at Cosmeston at 6pm on 24th September, 2008. A representative from Valeways would be invited to attend in order that the LAF could better assess the position as regards continuing support to and from Valeways.  It was also anticipated that the agenda would contain a progress report on the ROWIP.  In response to suggestions made, it was also agreed that Members meet at 5.00 p.m. for a walk around Cosmeston. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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RESOLVED - T H A T the minutes be noted.

 

 

C126              PUPILS EDUCATED OTHER THAN AT SCHOOL (REF) -

 

The Scrutiny Committee (Lifelong Learning) at its meeting held on 18th February, 2008 had been advised of arrangements which applied to children educated other than in school within the Vale of Glamorgan.  It had been reported at that time that some 28 children within the County were being educated at home and that 24 of these had been seen by the LEA at least once per term. 

 

The law required all parents to ensure that their children received an efficient, full time education suitable for their age, ability and aptitude, either by regular attendance at school or otherwise.  The law also allowed parents to educate their children at home instead of sending them to school if they fulfilled certain conditions.  The Council was also required to be satisfied that the child was receiving suitable education at home and a specialist teacher would ask to meet with the family in order to talk to the parents and look at examples of work and learning.  The LEA had no automatic right of access to parents homes.  Where it appeared that a child of compulsory school age was not receiving efficient or suitable full time education, the LEA was under a duty to serve a notice on the parent requiring them to satisfy the authority that their child was receiving an education 'otherwise done in school'.  It was further noted that the LEA could also apply to the court for a child assessment should they have reasonable cause to do so.

 

The above Scrutiny Committee whilst accepting the principle of home education for children expressed the view that a child's right to a satisfactory education may not be adequately addressed at present in view of the lack of continuous assessment.  The Committee was also advised that it was an issue being supported by the Education Welfare Officer Group on a national basis.  The most significant issue for the LEA was the lack of knowledge of a child. 

 

The Scrutiny Committee subsequently recommended the following:

 

"1.       That the contents of report be noted.

 

2.         That Committee receive regular updates.

 

3.         That the Cabinet be requested to consider ways in which officers of the Council can monitoring the performance of children educated at home more frequently in order that the children's progress can be better assessed.

 

4.         That the Scrutiny Committee (Community Wellbeing and Safety) be asked to consider if all school-age children within the Vale of Glamorgan are known to the Council. 

 

5.         That the Cabinet be asked to make representations to WAG to ensure the right of LEAs to better assess the performance of children educated at home.

 

Reasons for recommendations

 

1.         To note the contents of the report.

 

2.         To readily inform Committee.

 

3.         To better monitor the performance of children educated at home.

 

4.         To ensure that all children of school age within the Vale of Glamorgan are known to the Council.

 

5.         To better monitor the performance of children educated at home"

 

The recommendations of the Scrutiny Committee (Lifelong Learning) were subsequently considered by the Scrutiny Committee (Community Wellbeing and Safety) at the meeting held on 10th March, 2008 which at that time subsequently recommended that recommendations (3) and (5) above be endorsed.

 

The Cabinet having considered the above recommendations of the Scrutiny Committee (Lifelong Learning)

 

RESOLVED - T H A T the Director of Learning and Development submit a further report in respect of the issues raised in Recommendations (3) and (5) above.


 

 

Reason for decision

 

To fully apprise the Cabinet of relevant options.

 

 

C127              VOLUNTARY SECTOR COMPACT (REF) -

 

The Voluntary Sector Joint Liaison Committee at its meeting held on 22nd July, 2008 had given consideration to the above Compact between the Voluntary Sector, the Council, the Vale of Glamorgan Local Health Board and Cardiff and Vale NHS Trust on 27th February, 2008.  The Compact had subsequently been referred to Cabinet for approval subject to the views first being obtained of the Local Health Board and Local Health Trust which had not been available to the above Committee at that time.  Subsequently, the Local Health Board and Trust had asked for some minor amendments to the Compact and had given their approval. 

 

The Voluntary Sector Joint Liaison Committee had subsequently agreed "That Cabinet be requested to approve the Compact between the Voluntary Sector, the Council, the Vale of Glamorgan Local Health Board and the Local Health Trust".

 

The Cabinet having considered the above matter

 

RESOLVED - T H A T the Compact between the Voluntary Sector, the Council, the Vale of Glamorgan Local Health Board and Local Health Trust be approved.

 

Reason for decision

 

To allow the Compact to be initiated.

 

 

C128              4TH QUARTER PERFORMANCE INDICATORS (REF) -

 

The Scrutiny Committee (Economy and Environment) at its meeting on 30th July, 2008 had considered the above matter.  The Head of Economic Development and Leisure during his presentation had referred to a number of matters relating to performance indicators, team development reviews and personal development reviews, issues arising from both long and short term sickness within leisure centres and matters relating to morale of staff and low investment in leisure centres in an increasingly competitive market.  The Committee at that time had also been made aware of the Asset Management budget allocation of £150,000 to address issues within leisure centres.  In addition, reference had also been made to a Leisure Centre Review commissioned in 2006 to assess how to rejuvenate leisure centre provision through alternative ways which had subsequently been considered by the Cabinet in 2007. 

 

Information had been received from Neath Port Talbot County Borough Council as to potential ways forward and other councils in the locality were known also to be reassessing their leisure centre provisions.  The Committee considered that the Cabinet should be asked to update Members on the current position with regard to this matter and subsequently recommended

 

"1.       .....

 

2.         That given the concerns expressed above, Cabinet be requested to keep this Committee fully informed of the progress being made in respect of Leisure Centre Management and the services provided.

 

3.         ....."

 

The Cabinet, having considered the above matter

 

RESOLVED - T H A T the recommendation of the Scrutiny Committee be noted given that the Director of Environmental and Economic Regeneration would be submitting a report to a future meeting of the Cabinet regarding options for the future management of Leisure Centres.

 

Reason for decision

 

To indicate the future intentions of the Cabinet.

 

 

C129              CABINET FORWARD WORK PROGRAMME SEPTEMBER - DECEMBER 2008 (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were advised of their Forward Work Programme for the above period with the report also highlighting those reports which were still to be received from the previous Forward Work Programme covering the period May - July 2008 and the associated reasons for delay.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Forward Work Programme for the period September - December 2008, together with the publication of details of availability of the programme be endorsed.

 

(2)       T H A T the reasons for delay in submitting reports to Cabinet in the period May - July 2008, be noted.

 

Reason for decision

 

(1&2)  To comply with the requirements of the Local Government Act 2000, subordinate legislation and the Council's Constitution.

 

 

C130              EXTERNAL FUNDING APPLICATIONS (CX) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

Retrospective approval was sought to submit an application to maximise the external funding resources to support the delivery of corporate objectives in respect of the development of Transition Key Working in Wales.

 

The Council had led on the development of a Vale Multi-Agency Transitional Project to support disabled young people aged 14-25.  The project would include those who did not meet the current criteria for social services and whether the disability was learning, physical or sensory.  A transitional worker would be appointed to all disabled young people at the age of 14 who would provide information and support to assist with access to education, health services, welfare rights, housing and employment.  The project would be restricted to those referred before their 18th birthday. 

 

The service would be delivered through a team of mixed disciplines (social care, education and health) consisting of one senior project worker and four project workers.  It was also proposed that the Council would host the project.  The senior project worker and two project workers would be appointed by the Council to complement existing project workers employed by the Adult Social Services and the Children and Young People Service.

 

In the event of the application being approved, it was anticipated that three additional staff would be recruited in October on a fixed term contracts until 31st March, 2011.  The Assembly had informed authorities that they expected to announce the successful pilot projects circa 5th September, 2008.


A multi disciplinary Project Management Board would be established and include members of the Children and Young People's Framework and Adult Services.

 

The total grant sought to employ the three project workers was £325,000.  Match funding for the project would be derived from the salaries of two existing project workers employed by the authority together with administrative support to be provided by Social Services.  This funding totalled approximately £240,000 for the period 2008-2011. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the submission of a pilot application to the Welsh Assembly Government in respect of the development of Transition Key Working in Wales be approved.

 

Reason for decision

 

To enable the appointment of transition key workers in the Vale of Glamorgan for young people with disabilities between the ages of 14 to 25.

 


 

 

C131              CHARTER BETWEEN THE VALE OF GLAMORGAN COUNCIL AND TOWN AND COMMUNITY COUNCILS (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

The report sought to advise the Cabinet of the proposed composition of a working group to develop an action plan to achieve the principles set out in the above Charter.

 

It was noted that all four town councils and 16 community councils had become signatories of the Charter and 6 community councils which were currently non signatories. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the composition of the working group to make proposals for an action plan as set out in paragraphs 6 and 7 of the report be endorsed.

 

Reason for decision

 

In order to achieve the principles of the Charter.

 

 

C132              APPOINTMENTS TO OUTSIDE BODIES/JOINT COMMITTEES (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

The report sought to advise the Cabinet of issues relating to various outside bodies, and where relevant, to appoint/nominate representatives accordingly. 

 

It was noted the vast majority of appointments and nominations were dealt with by means of the Cabinet at its meetings held on 28th May and 11th June, 2008.  Since this time the following organisations had informed the Council that provision for representation was no longer appropriate:

 

Road Safety Council for Wales

Thaw and Cadoxton Catchment Abstraction Management Group

University of Wales: Court of Governors

Waterfront: Public Liaison Group

Welsh Sports Council for the Disabled.

 

In addition to these matters, the National Society for Clean Air and Environmental Protection was now known as Environmental Protection UK. 

 

Given the organisations remit it was appropriate that the Chairman of the Scrutiny Committee (Housing and Public Protection) be appointed as one of the Council's three representatives (as opposed to the Chairman of the Scrutiny Committee (Corporate Resources)) as originally agreed by Cabinet.

 

The Conservative Group had also indicated that it wished that the Council Leader replace Councillor Mrs. V.L. Ellis on the Joint Council for Wales: Employers' Side.

 

The remaining vacancy on the Consortium of Local Authorities in Wales had been previously deferred by the Cabinet pending determination of the relevant Scrutiny Committee Chairman.  It was in fact the Chairman of the Scrutiny Committee (Housing and Public Protection).

 

A vacancy continued on the Vale of Glamorgan Community Health Council. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Chairman of the Scrutiny Committee (Housing and Public Protection) replace the Chairman of the Scrutiny Committee (Corporate Resources) as one of the Council's three representatives on Environmental Protection UK.

 

(2)       T H A T the Council Leader replace Councillor Mrs. V.L. Ellis on the Joint Council or Wales: Employers Side.

 

(3)       T H A T the remaining vacancy on the Consortium of Local Authorities in Wales, be filled by the Chairman of the Scrutiny Committee (Housing and Public Protection).

 

(4)       T H A T Mr. D. Street be nominated to fill the vacancy on the Vale of Glamorgan Community Health Council.

 

(5)       T H A T where legally possible, attendance at meetings of organisations to which a Member had been nominated or appointed by the Council be classed as an approved duty for which travelling and subsistence allowances are payable, in accordance with the Council's scheme.

 

Reasons for decisions

 

(1-4)    To ensure the continuity of representation by the Council on outside bodies.

 

(5)       To remunerate Members accordingly.

 

 

C133              NETWORK RAIL ROUTEUTILISATION STRATEGY (RUS) CONSULTATION 2008 (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

The Council had been invited by the above organisation to comment on their Draft Ten Year Route Utilisation Strategy (RUS).  Feedback was required by 22nd August, 2008 and an initial response was sent making it clear that any further comments of the Cabinet would be forwarded subsequently. 

 

Since 2004 Network Rail had had a new responsibility to develop a Strategy to deal with capacity on the rail network and had now produced a RUS for Wales that was capable of being funded for the next 10 years.  It had been developed taking into account both the Wales Rail Planning Assessment and the Wales Spatial Plan.  Following the adoption of "National Transport Strategy One Wales: Connecting the Nation" in April 2008 the RUS would form the basis for the rail element of the national plans for delivery of the Strategy, due to be published in 2009.

 

There were currently 241 railway stations throughout Wales mostly in the SEWTA area and 900 miles of track.  Whilst in Wales there was visible overcrowding in comparison to England, there was an expectation that growth was little to cause issues of overcrowding within the next 10 years and measures were required to be taken to provide extra carriages and lengthen platforms to provide 50% more capacity. 

 

Whilst some schemes were underway and some were at the design stage, some were yet to have a business case and some were at different stages of identified funding.

 

Within the RUS there were a number of issues for the Council to consider as there were direct implications for residents within the Vale of Glamorgan.  The RUS included aspirations to increase trains through Queen Street Station, Cardiff from 12 to 16 per hour.  To enable this happen, significant works at Queen Street Station were required.  Major renewal of signalling equipment in the Newport and Cardiff area was due to take place within the next five to seven years where the additional enhancement works were planned to be carried out, at the same time to ensure works were progressed in a cost effective manner.  Major works at Cogan Junction were included in the Cardiff scheme to enable a step-change in network capacity on the South Wales Valleys routes. 

 

Due to the current eight passenger trains per hour, and the growing volumes of coal to Aberthaw Power Station, any additional train paths between Cardiff and Bridgend via Barry and the Vale were precluded.  Therefore, it had been identified that it was possible to switch one of the three Barry Island trains per hour to become a second Vale of Glamorgan service offering a half hourly service to the Vale of Glamorgan line.  To ensure that there was no detrimental effect to the Barry Island service, recommendations were being made to build in an additional platform at Barry station to cater for a further train to operate as a shuttle service between Barry Station and Barry Island and to meet the Vale of Glamorgan line trains.

 

In addition to the above, the WAG had requested that an additional Vale of Glamorgan line station be considered to accommodate the proposals for the major development of growth at RAF St. Athan.  However, it had been identified that at existing line speeds, there was insufficient turn around time at Bridgend Station to permit Down direction Vale of Glamorgan trains to call at an additional new station, thus arriving late, or for Vale of Glamorgan trains to return earlier from Bridgend in the Up direction to call at any new stations.  To physically achieve the time saving necessary to allow an extra stop at St. Athan, there would need to be an off-setting line speed improvement.  It was noted that further development of this option was recommended if the St. Athan Defence Academy allowed an economic case to be made.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the contents of the Route Utilisation Strategy be noted.

 

(2)       T H A T the response paper attached at Appendix 1 to the report be endorsed.

 

(3)       T H A T the response paper from Sewta at Appendix 2 to the report be endorsed.

 

Reasons for decisions

 

(1)       To ensure that Members were kept informed of Network Rail's programme.

 

(2)       To acquire Members' endorsement of the response paper.

 

(3)       To acquire Members' endorsement of Sewta response paper.

 

 

C134              WELSH ASSEMBLY GOVERNMENT CONSULTATION - AFFORDABLE HOUSING DEVELOPMENT PLANS DRAFT GUIDANCE (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

The WAG had issued draft guidance for consultation on the preparation of Affordable Housing Development Plans (AHDPs).  The closing date for consultation was 1st September, 2008 and as a consequence a response had already been issued with the caveat that further comments may follow as a result of consideration by Cabinet and Planning Committee on the 3rd and 4th September, 2008 respectively. 

 

The securing of affordable housing through the planning system was a key objective of the WAG "One Wales" Agreement, which set out a target for the delivery of 6500 new affordable homes by 2011.  The production of the Plans was seen by WAG as essential for ensuring that national planning guidance on affordable housing was implemented in a timely way so that more affordable housing was delivered in the short term.  To achieve this, the guidance proposed that AHDPs would provide an interim single purpose measure for securing of affordable housing until such time that each local authority had an adopted Local Development Plan (LDP) in place.

 

The principal framework for the delivery of affordable housing through the planning system within the Vale of Glamorgan was the Adopted Unitary Development Plan (UDP) (1996-2011).  The key planning policies within the UDP for affordable housing were policies HOUS12 and HOUS13.  The former sought to secure a reasonable element of affordable housing on "substantial sites", the latter setting out the criteria for smaller schemes within the rural Vale.  These policies were supported by the Supplementary Planning Guidance that provided further detail on the implementation and requirements of the UDP policy.  In addition the Council had already produced a Local Housing Strategy (2008), which set out the Council's strategic priorities and objectives for housing, including affordable housing.  A Local Housing Market Assessment had also been undertaken which identified the current and future levels of affordable housing in the Vale and should be used as a material consideration in the determination of planning proposals.  Therefore, for authorities such as the Vale of Glamorgan who had already adopted UDPs and were supported by Supplementary Guidance in place, the requirements to produce AHDPs was considered to be inappropriate.  Not only would it detract officers resources away from work currently being undertaken on the emerging Local Development Plan but, it would also duplicate work already undertaken through Local Housing Strategies. 

 

Set against the policy background, Council officers proposed that the detailed representation attached at Appendix 1 to the report be submitted to WAG for consideration prior to the final publication of guidance on AHDPs. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T subject to consultation with the Planning Committee, Cabinet endorses the report as the Council's formal response to the Welsh Assembly Government's consultation draft on Affordable Housing Development Plans Draft Guidance.

 

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

 

Reasons for decisions

 

(1)       To advise Members of the consultation exercise together with the Council's representations made to the WAG on the draft guidance.

 

(2)       The Planning Committee endorse the appended report as the Council's formal to the WAG.


 

 

 

C135              WELSH ASSEMBLY GOVERNMENT CONSULTATION PAPER - PLANNING FOR CLIMATE CHANGE (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

The above consultation document was issued on 7th July, 2008 and subject to this, consultation changes would be proposed by the WAG to the draft Ministerial Interim Planning Policy Statement (MIPPS) (12/06) that was issued on Planning for Climate Change in December 2006.

 

The Paper made it clear that further amendments were required to reflect the WAG's 2011 zero carbon aspiration, the "One Wales" commitment to the devolution of the Building Regulations and the adoption of the Code for Sustainable Homes in Wales.  In this regard the papers sought the views on policies in the following areas:

 

·                    the design of developments to include Climate Change mitigation and adaptation measures

·                    the use of sustainable building standards

·                    the incorporation of local renewable and low carbon energy sources in new developments and

·                    the ability for Local Planning Authorities to set higher standards in the above areas for strategic sites.

 

Officers had made a number of comments on the consultation document the details of which were set out in paragraph 5 of the report.  In addition to these comments, Cabinet was also being asked to consider the detailed comments provided within Appendix 2 of the report which comments provided the basis for the response for the Council to the consultation exercise.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the contents of "Planning for Climate Change: Further Consultation" be noted.

 

(2)       T H A T subject to consultation with the Council's Planning Committee, a copy of the report and the attached response at Appendix 2 to the report to specific consultation questions be forwarded to WAG.

 

Reasons for decisions

 

(1)       To advise Members of the publication of consultation by WAG on the topic of Planning for Climate Change.

 

(2)       To enable the Council to adequately respond to that consultation.

 

 

C136              LIFESTYLE FITNESS STUDIOS EQUIPMENT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Approval was sought to obtain an exemption from the Council's Financial Regulation and Contract Standing Orders in relation to the purchase of new fitness equipment for the expansion of Barry Leisure Centre Lifestyle Fitness Studio and to report the use of the Chief Executive's Emergency Powers to purchase Technogym equipment (wave machines) for all four fitness studios.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the requirement to comply with the Council's Financial Regulations and Contract Standing Orders in respect of the purchase of new fitness equipment for the expansion of Barry Leisure Fitness Studio from Trixter Europe Limited and Technogym (UK) Limited respectively, be waived.

 

(2)       T H A T Cabinet approve an increase in the Capital Programme for 2008/09 by £16,000 to be funded from Economic Development and Leisure reserves for the purchase of the Technogym Wave Cardiovascular machines.

 

Reasons for decisions

 

(1)       To ensure that the fitness studio continues to offer the best possible experience to customers and to demonstrate the Council's ability to introduce new fitness initiatives quickly.

 

(2)       To demonstrate the Council's ability to introduce new fitness initiatives quickly.

 

 

C137              WELSH ASSEMBLY GOVERNMENT CONSULTATION PAPER - PROPOSALS FOR RESOURCES FOR PLANNING SERVICES (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

The WAG had previously carried out research to ascertain the costs in providing a Planning Service by local planning authorities and the current consultation exercise was part of an ongoing review of the planning fee structure in existence throughout Wales.  The current consultation exercise followed a previous consultation and resultant fee increase during 2006.

 

The consultation paper set out the background to planning fees and acknowledged that planning applications were more time consuming and expensive to process than others.  However, the consultation paper did make it clear that planning fees did not and were not expected to cover the cost of the planning service in its entirety.  The consultation paper was attached at Appendix 1 whereas the response of officers to questions relating to the consultation exercise were provided at Appendix 2.

 

In summary, the following key points were required to be presented to WAG:

 

(i)         Increase in fees annually an in line with inflation to come into force every year on 1st April was essential and long overdue.

 

(ii)        The abolition of maximum fee thresholds was also welcomed.

 

(iii)       Fees for discharging conditions may well be appropriate, but such fees would only be payable if a "formal request" for confirmation of compliance is received.  There already exists a mechanism for such a formal request through the Lawful Development Certificate process.  One therefore must conclude that the new system would simply duplicate a perfectly adequate system that already exists.  This proposal, as a result requires further assessment and thought.

 

(iv)       Local Planning Authorities should continue to operate "free" pre application advice.  This should not be a "chargeable" service.  Having written procedures on pre-application advice (as is the case with this Council) is however appropriate.

 

(v)        Additional fees should be raised for enforcement related applications and appeals, based on the "polluter pays" principle.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the consultation paper entitled "Proposals for Resourcing the Planning Service" be noted.

 

(2)       T H A T subject to consultation with the Council's Planning Committee, a copy of the report and the attached response at Appendix 2 to the specific consultation questions be forwarded to the Welsh Assembly Government.

 

Reasons for decisions

 

(1)       To advise Members of the publication by the Welsh Assembly Government on "Proposals for Resourcing the Planning Service".

 

(2)       To enable the Council to adequately respond to the consultation exercise by 19th September, 2008.

 

 

C138              REVENUE MONITORING FOR THE PERIOD 1ST APRIL, 2008 TO 31ST JULY, 2008 (CMT) (SCRUTINY - ALL) -

 

Members were apprised of the progress of revenue expenditure for the above period including details of movement between services.  Although there were pressures on service budgets the current forecast was for a balanced budget on the Council Fund and on the Housing Revenue Account.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the position with regard to the Authority's 2008/09 Revenue Budget be noted.

 

Reason for decision

 

In order to ensure that Members are aware of the projected revenue outturn for 2008/09.

 

 

C139              COMPLAINTS OF MALADMINISTRATION AGAINST THE COUNCIL (MO) (SCRUTINY - NONE) -

 

The Cabinet was apprised of the outcome of investigations conducted by the Commissioner for Local Administration in Wales into allegations of maladministration against the Council.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the contents of the report be noted.

 

Reason for decision

 

To inform the Cabinet and Council.

 

 

C140              CAPITAL MONITORING FOR THE PERIOD 1ST APRIL TO 31ST JULY, 2008 AND TREASURY MANAGEMENT (CMT) (SCRUTINY - ALL) -

 

The Cabinet was apprised of progress made on the 2008/09 Capital Programme for the above period and where necessary request changes to the programme.  Approval was also sought to amend the maximum holding which may be placed with Investec Asset Management, the Authority's external fund managers.

 

This was a matter for Executive decision with exception to Resolution (4) which was a matter for Council approval.

 

RESOLVED -

 

(1)       T H A T the Youth Service Capital Grants - the increase in the budget by £169,807 be approved to reflect a funding grant from the Welsh Assembly Government.

 

(2)       T H A T the Rights of Way Improvement Plans (ROWIP) - the increase in the budget by £46,740 be approved to reflect a funding grant received from the Countryside Council for Wales. 

 

(3)       T H A T the Holton Road Public Realm Improvements  - the increase in the budget by £258,000 be approved to reflect grant funding received from the Welsh Assembly Government in the sum of £233,000 and Council funding of £25,000.

 

(4)       T H A T the maximum holding with Investec Asset Management be increased from £20million to £25 million and that the matter be referred to Council for approval.

 

Reasons for decisions

 

(1-3)    To allow schemes to be undertaken in the current financial year.

 

(4)       To increase the maximum investment holding managed by Investec Asset Management.