CABINET
Minutes of a meeting held on 17th
September, 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.
C141
MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 3rd September, 2008 be approved as a correct
record.
C142
DECLARATIONS OF INTEREST -
No declarations were received.
C143
JOINT CONSULTATIVE FORUM
-
The following minutes of the meeting held on
21st August, 2008 were submitted:
“MINUTES of an extraordinary meeting held
on 21st August 2008.
Present:Councillor Mrs. J.E.
Charles (Chairman); Councillors Mrs. M.E.J. Birch, A.D.
Hampton, Mrs. M. Kelly Owen, C.L. Osborne,
Mrs. M. Randall and M.R. Wilson.
Representatives of the Trade
Unions:Mr. P.S. Carter (Vice-Chairman) (UNISON),
Mr. G. Beaudette (NUT), Mr. T. Greaves (GMB), Mr.
G. Jenkins (GMB), Mr. D.C. Jones (UNISON), Mr. G. Lewis (GMB), Mr.
N.H. Morgan (UNISON) and Mr. G. Moseley
(UNISON).
(a)
Apology for absence -
This was received from Mr. N. Patterson
(T&G).
(b)
Managing Sickness Absence Action Plan (DLD) -
The Forum and Cabinet had received the
draft Management of Attendance Policy which had been progressed
through widespread consultations, including the Policy Review Group
(i.e. two Heads of Service and two Operational Managers) and all
Heads of Service and had been structured around the following
headings:
·
Purpose
·
Corporate role
·
Interventions
·
Positive health and the role of occupational health
·
Employer responsibilities
·
Abuse of the sick leave scheme
·
Sickness management procedure
·
Dismissals and appeals.
The draft Policy had been considered at
length by the JCF on 18th July 2008 who had raised a
number of matters and these had been set out in the report to
Cabinet. Concern had been expressed at the JCF by Elected
Members regarding a number of aspects within the policy which they
had wished to explore in detail and as such had recommended that
the policy be deferred pending a special meeting of the JCF to be
arranged as soon as possible. The recommended action plan for
the Management of Sickness absence had been submitted to Cabinet on
31st July who had resolved
“(1) That
the Action Plan with the Chief Executive acting as
Champion for the project, be approved.
(2)
That a further meeting of the Joint Consultative Forum be convened
as requested by the Forum as a matter of urgency in order to
complete the Forum's consideration of the Sickness Policy and to
make recommendations to Cabinet.” (Minute No. C120.)
The Operational Manager for Human
Resources advised the Forum that he had met with Trade Union
representatives on a number of occasions in respect of the Policy
and tabled at the meeting a list of changes that had been requested
by the Unions as a result of the discussions.
The Operational Manager advised that on
behalf of the management they could accept the changes to page 5,
11 and 17 of the Policy but that in relation to page 18 “Appeals
against dismissal” Management’s view was for an employee’s right of
appeal to be with the Chief Executive or nominee as opposed to
Elected Members.
In relation to the retention of sickness
information the Trade Unions had requested that the information
should be held centrally and in one place only i.e. Transact.
Due to the sensitive nature of the information they did not
consider it appropriate that Line / Operational Managers should
hold copies of any sickness documents in their own filing
system. The Operational Manager advised that it was the
intention in the future that all information would be held
electronically via Transact and the new Trim system and would be
accessible for Line Managers with permissions. He would also
email all Managers with the request that sickness information be
forwarded to the Human Resources Department and not retained in
Directorates.
Having considered the tabled amendments
and the discussions above, the Members then deliberated in private
and on their return
RECOMMENDED -
(1) T
H A T the Policy be amended as follows:
·
Page 5: reference to the Council Doctor be amended to read
“Occupational Health Physician”; Special Leave be amended to read
“Supported Leave and in consultation with the Head of the Service
or HR”; and a correction to the number of days being ten and not
five, with the paragraph being amended to read as follows
“As the GP has provided a sick note
stating fit for work the employee will be required to work a
minimum of 50% of their normal hours worked. To assist the
phased return the hours of work will be made up to full contracted
hours using a maximum of ten additional Supported Leave days (pro
rata for part time staff). Any time in addition to the
Supported Leave needed by the employee will be by use of Annual
Leave. It is the Manager’s decision in consultation with the
Head of Service or Head of Human Resources to agree to the phased
return based on service needs.”
·
Page 11: under Sickness and Annual Leave, paragraph A to be
deleted and read as follows:
“In instances where sickness is
immediately prior to or following Annual Leave, a doctor’s medical
certificate will be required if there is evidence of a
pattern.”
·
Page 17: add in (d)
“Consideration to be given to the nature
and cause of the absence particularly in cases of an industrial
accident whilst carrying out their role. This should be borne
in mind at the point when considering
potential termination of
employment.”
(2) T
H A T on page 18 of the new Policy Appeals arising from dismissals
remain with the Appeals Committee of Elected Members.
(3) T H A T
all information / documents in relation to an employee’s sickness
be requested to be returned to the Human Resources
Department and not retained by the Manager.
(4) T
H A T in view of the reliance to be placed on the Oracle system
for information to be kept centrally and updated,
Cabinet be urged to ensure that the Oracle system was in place as
soon as possible and with the request that the system detail the
reason for absence, the code and whether a return to work interview
has been conducted.
(5) T
H A T all Members of the Joint Consultative Forum receive a
presentation on the Trim and Oracle recording systems prior to
implementation.
(6) T
H A T the Trade Unions and officers be thanked for the time and
effort taken in considering the Policy.
(7) T H A T
the above recommendations be referred to Cabinet.”
__________
RESOLVED -
(1) T H A
T the minutes be adopted.
(2) T H A
T Cabinet receive a progress report on the implementation and
operation of the Managing Sickness Absence Action Plan in the new
year.
C144
ONEVALE BUSINESS CASE UPDATE (CX) (SCRUTINY - CORPORATE
RESOURCES) -
Cabinet received a report which advised of
progress with the OneVale Business Case.
The Business Case was monitored on a quarterly
basis and the financial summary attached at Appendix A to the
report outlined actual costs for 2005/06 - 2007/08 against the
original OneVale Business Case. Overall there was a
favourable variance of £6.459m. due to a mixture of savings and
expenditure being delayed.
The programme had started on 1st
January 2006 and the report detailed progress since the last report
to Cabinet on 16th April 2008:
·
the Oracle Financials system went live on 1st April
2008
·
the Oracle i-Procurement system went live on 1st August
2008 as a pilot in Finance, ICT and Property Services
·
Implementation of Oracle Payroll system 2008/09 - tender process
continuing and preferred supplier expected to be appointed
September 2008
·
Single number implemented as of 17th March 2008.
Call volumes were below forecast, one of the reasons being that
repeat calls were no longer being made as residents are able to
contact the Council on the first attempt.
·
Adult Services Contact and Information Centre for integration in
the Contact Centre was now complete.
·
Vale Community Alarm Services co-location and integration into C1V
completed on 28th May 2008. Eight customer
services representatives had been trained to handle VCAS alarm
calls to further improve service resilience.
·
Corporate Complaints System was a new procedure for handling and
managing formal complaints about Council services as defined by the
local government Ombudsman. All formal complaints would now
be logged and processed on the Council’s CRM system which would
allow for better tracking and reporting. The Visible Services
pilot had been launched as of 23rd June 2008 and the
system would be brought out to all services once the pilot was
complete.
·
Potential external clients - discussions ongoing with regard to C1V
providing telephone support opportunities for partnership
working.
·
Pilot implementation of the Trim system had commenced in the Chief
Executive’s Directorate on 8th July 2008. The Trim
system would be rolled out to other services once the pilot was
complete.
This was a matter for Executive decision.
RESOLVED -
(1) T H AT
the progress made to date with the OneVale Business Case be
noted.
(2) T H A
T Members receive periodical reports which provide statistical
information on the data accumulated by OneVale, to include
information on types of complaints received on a Ward-by-Ward
basis.
Reason for decision
(1) To
note progress with the OneVale Business Case.
(2) To
provide information for Members.
C145
WELSH ASSEMBLY GOVERNMENT CONSULTATION PAPER:
POLICY CHANGES TO SUPPORT SUSTAINABLE DEVELOPMENT IN RURAL AREAS
(DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
RESOLVED - T H A T consideration of this item
be deferred to the next meeting of the Cabinet in order that
consultation may be held with all Members of the Council, the
National Farmers Union and Farmers Union of Wales.
C146
THOMPSON STREET FOOTBRIDGE (DEER) (SCRUTINY -
ECONOMY AND ENVIRONMENT) -
Cabinet were updated on the probable programme
and likely cost increases associated with the proposed bridge
scheme.
Following an analysis of the tender exercise
that had taken place last September, Cabinet received a report
which recommended that the Council enter into a contract with
Carillion as the Council’s main contractor and that a budget of
£2.0m. be allocated within the Capital Programme. The funding
was to be made up of £1.0m. from the Council’s Capital Programme
with £600k. from the Welsh Assembly Government in the form of grant
and further £400k. from Associated British Ports.
Since that time the project had been delayed
whilst a number of licences, easements, Overbridge Agreement
and transfer documents had been taken forward. The main delay
had been with Network Rail who had wished to ransom the land in
question and this had led to a period of negotiation that resulted
in the transfer and easement costs reducing from the sum requested,
to the £50,000 figure officers had agreed. Following this the
Network Rail surveyor had sought Territorial Approval for the
release of the land and the Network Rail Maintenance Division had
utilised their right of veto to the release arguing that
maintenance access to the main line should be agreed prior to any
such release. A solution to the maintenance access problem
had now been agreed but had taken 9 months to finalise.
In addition it had originally been intended to
utilise some of the car park adjacent to the Medical Centre at
Holton Reach as the site compound and licence arrangements with the
agent acting for the Medical Centre had been agreed last
year. However, part of that arrangements had been to replace
the lost car parking by licensing an area of land adjacent to the
Medical Centre for such purposes. Discussions had taken
place over a period of time with the agent for the adjacent
Community Centre site but terms could not be finalised.
Officers then commenced negotiations with Morrisons to see if part
of their car park could be utilised. Negotiations took months
but the agreement of the stores is now in place.
It was reported that further negotiations had
since been necessary with a view to using the site compound at
Holton Road for the use of the contractor’s vehicles.
Having reached this position, officers
requested that Carillion carry out a review of their price analysis
and provide an up to date activity schedule to be attached to the
main works contract document (as their original price of £1,543,571
had been set last September with a 90 day holding period).
Carillion had responded with a revised figure that showed cost
increases of £214,000. These price increases were mainly as a
result of steel price increases over the last year and this one
item only accounted for £168,000 of the £214,000. The
Council’s consultants, Parsons Brinkerhof, had indicated that such
price increases could be justified by reference to the relevant
price indices and a full breakdown of the sub contract price had
been provided by Carillion.
The risk analysis of the project had suggested
that an operating contingency of circa £270,000 would be sensible
given the appraisal of cost on recent schemes completed.
The report did not seek any additional funding
allocation at this time as the likely final account figure was
currently unknown. The risk of the scheme cost, on
completion, being greater than the current budget allocation was
high and the intention of the report was to make Members aware that
a further report, seeking any budget increase, would be provided
towards the end of the contract period.
This was a matter for Executive decision.
RESOLVED - T H A T the position regarding
“risk” be noted and that the Director of Finance, ICT and Property
set aside contingency sums as indicated within the report, to cover
cost increases to the scheme should they emerge towards the end of
the contract period.
Reason for decision
In the interests of prudent accounting and
risk management.
C147
THE VALE OF GLAMORGAN LOCAL
DEVELOPMENT PLAN 2011-2026: DELIVERY AGREEMENT REVIEW / ANNUAL
PROGRESS REPORT - SEPTEMBER 2008 (DEER) (SCRUTINY - ECONOMY AND
ENVIRONMENT) -
Cabinet was updated on the progress on the
Local Development Plan which fulfilled a requirement of the
approved Local Development Plan Delivery Agreement, October 2007,
to prepare an Annual Progress Report each September.
Since last reported to Cabinet, significant
LDP progress had been made by officers, the main achievements
being:
·
the publication of the Candidate Site Register and various
addendums
·
the Draft Preferred Strategy, the Initial Sustainability Appraisal
report and key background documents comprising - Population and
Housing Projections Topic Paper, Employment Land Study, Sustainable
Settlements Review, Spatial Options Background Paper, Appropriate
Assessment Screening Report - were all completed and approved for
public consultation
·
a six week formal consultation period on the Draft Preferred
Strategy and Initial Sustainability Appraisal Report undertaken
between 17th January 2008 and 27th
February 2008
·
all representations of the Draft Preferred Strategy and Initial
Sustainability Appraisal Report consultation had been acknowledged
and recorded on the LDP database. Officers were currently
considering the representations received and drafting
responses. However, this was taking longer than anticipated
due to the number of representations received as well as the
complexity of the issues raised.
Notwithstanding the above, a number of issues
had arisen which had necessitated further consideration by officers
and which had caused minor delays within the approved LDP
programme. These issues included:
·
In June 2008 WAG had released regional population projections for
Wales. This had required officers to undertake a review of
the population and housing figures included within the DPS to
ascertain whether there were any implications for the earlier
projections and whether any changes would be required.
Further consideration of the projections used may also be required
towards the end of the year when WAG released further data on
household projections for Wales.
·
Following recent announcements of amendments to the main components
of the DTA St. Athan proposal, officers were seeking confirmation
from the consortium of the exact details of these changes and
whether they are likely to impact upon the DPS.
·
The DPS / ISA consultation exercise generated a number of comments
in respect of the Sustainable Settlements Appraisal that was one of
the main background documents to the DPS. Whilst the majority
of the comments raised were minor, officers had decided to review
this work to ensure that it was robust and represented a sound
basis upon which to maintain the settlement hierarchy within the
DPS.
Following the local elections in May 2008, a
new Cabinet had been formed and new Members had received an
informal briefing on the LDP process.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the progress made on the Local Development Plan be noted.
(2) T H A
T the Annual Progress Report be endorsed.
Reason for decisions
(1) To
advise Cabinet on the progress on the Local Development Plan.
(2) To
comply with the requirements of the approved Delivery Agreement
(October 2007).
C148
WALES SPATIAL PLAN - UPDATE (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet were advised on the current position
with regards to the Wales Spatial Plan.
The Wales Spatial Plan (WSP) was described by
the Welsh Assembly Government as a framework for ensuring that the
development of places and the delivery of services worked together
at a local, regional and national level. It provided the
context for Community Strategies, Local Development Plans and
Regional Transport Plans which were informed by national policy and
support regional policies. The Wales Spatial Plan was first
adopted by WAG in 2004 and an Update was adopted in July 2008.
The report highlighted the particular
relevance to the Vale of Glamorgan within the document.
Given the statutory footing for the Wales
Spatial Plan and the requirement that individual LDPs must have
regard to the WSP, the content of the Update document was of major
significance to the Council in its preparation of its LDP. In
particular reference to Barry as a key settlement, the reference to
both St. Athan and the Llantrisant areas as strategic opportunity
areas and the reference to development of an International Business
Park were key issues that would need to be considered and reflected
in ongoing LDP work.
A key area of concern for this Council related
to the reference in the WSP that proposals for an International
Business Park would be progressed. The Council had been
consulted on an application relating to land north of the M4
motorway at Junction 33 and had responded expressing concern on
traffic impacts and the effect of such a proposal on the sub
regional and regional highway networks. Concerns had also
been expressed on planning policy grounds. In noting the
WAG’s policy aspirations for an International Business Park, this
Council’s concerns as expressed on numerous occasions related
to:
·
The need to properly define “international” as a concept and to
demonstrate that a need existed for such an “International Business
Park”. Local Authorities must be provided with information as
to what sets an “International” Business Park apart from any other
business park and what measures could be put in place to ensure
that what is delivered meets those aspirations.
·
The need for an International Business Park needs to be openly
discussed and debated.
·
Previous developments, described as “International” have been
disappointing when one assessed what has been delivered to date in
the sub region. Likewise the track record of developments in
and around motorway interchanges do not inspire confidence.
·
There remained concerns at the sustainability credentials of land
at J33 as a possible site for a proposed International Business
Park.
All the above issues required full and
detailed consideration in advance of any planning decision relating
to such a proposal.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the content of the Wales Spatial Plan - Update be noted.
(2) T H A
T the report be referred to Planning Committee and Economy and
Environment Scrutiny Committee for information.
Reasons for decisions
(1) To
advise Members of the current position with the Wales Spatial Plan
- Update and its implications for the Vale of Glamorgan.
(2) For
the information of members of Planning Committee and Economy and
Environment Scrutiny Committee.
C149
DRAFT SUPPLEMENTARY PLANNING
GUIDANCE ON PLANNING OBLIGATIONS (DEER) (SCRUTINY - ECONOMY AND
ENVIRONMENT) -
Members’ endorsement was sought on the draft
Supplementary Planning Guidance (SPG) on Planning Obligations in
order that it may be published for public consultation.
A draft Supplementary Planning Guidance (SPG)
on Planning Obligations had been prepared and contained an
introduction to planning obligations and their use in the Vale of
Glamorgan and outlined when they are likely to be sought, what they
are likely to be sought for and what the process was.
The SPG had a series of topic specific
appendices detailing the Council’s approach to particular
topics:
(i) affordable
housing
(ii)
community facilities
(iii)
education, training and development
(iv)
public open space, public art and recreation
(v)
town centres and regeneration
(vi)
transport
(vii) waste and
recycling facilities.
The SPG set thresholds for when these planning
obligations were likely to be sought and what formula would be
applied.
In addition, the SPG cited the draft strategic
policy on Planning Obligations contained in the Local Development
Plan (LDP) Draft Preferred Strategy (2008). It acknowledged
that the SPG would need to be reviewed at an appropriate stage in
the LDP preparation to ensure it complements the aims and
objectives of the LDP and national planning policies.
The purpose of producing a Planning
Obligations SPG was to clarify for all interested persons the
Council’s approach to seeking and monitoring planning
obligations. Experience had shown, through the use of the
existing Affordable Housing and Public Art SPGs, that where there
were established policies in place developers were more inclined to
agree to provide such facilities and / or make contributions
through planning obligations.
The SPG contained formulas for the specific
topics highlighted. These had been calculated through an
assessment of what it cost to provide facilities in association
with new developments, and experience of what was reasonable to
seek through negotiations depending on the scale and form of
development. However, the guidance made it clear that each
case would need to be considered on its own merits and the Council
did not intend to apply a blanket approach to planning
obligations.
In practice, this would mean that where a
development had a site specific constraint which needed to be
overcome then additional contributions may be sought (e.g. total
lack of car parking may be off-set through a higher contribution
towards sustainable transport). Alternatively, where a
development site has particular onerous costs involved and there
was public benefit derived from its development (e.g. a listed
building) then a more flexible approach may be necessary.
This was a matter for Executive decision.
RESOLVED - T H A T, subject to consultation
with Planning and Economic and Environment Scrutiny Committees
(1) The
Draft Planning Obligations SPG be approved for public consultation
purposes, and that all Members of the Council be involved in the
process.
(2) The
findings of the public consultation exercise be reported in due
course prior to formally adopting the SPG for development control
purposes.
Reasons for decisions
(1) To
carry out public consultation on the Draft SPG to provide
additional weight as a material consideration in determining
planning applications and appeals.
(2) To
inform Members about the consultation responses and to seek
approval of any further changes prior to adoption of the SPG.
C150
REGIONAL TRANSPORT PLAN
CONSULTATION 2008 AND PROPOSED SEWTA WORKING ARRANGEMENTS (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet were advised that the Draft Regional
Transport Plan was currently available for consultation until
10th October, 2008 and were further advised that the
intention was for it to be formally adopted in time for the new
financial year 2009.
Cabinet were also advised of current
discussions on the proposed future working arrangements for
SEWTA.
WAG had stated that it would require the final
version of the RTP to be produced by the end of December 2008 in
order that the Plan can be adopted in April 2009.
The draft RTP had been written with the public
audience in mind and the technical analysis and evaluation had been
produced in supplementary documents.
The following direct schemes had been included
within the draft RTP, and SEWTA intended to grant bids to WAG for
these within the Planning Period:
·
Dinas Powys By-Pass
·
Bus Prioritisation Schemes
·
Barry Dock Station
·
The rail strategy also considers a more frequent service on the
Vale of Glamorgan line and allows for works to be undertaken at
Cogan Junction to further promote rail within the Vale.
·
The walking and cycling strategy promotes the national cycling
network which includes cycling routes within the Vale of
Glamorgan.
The schemes listed above were initial areas
that had been identified within the Vale and officers would
continue to actively participate within SEWTA and raise the profile
of any new schemes for consideration as they arose. This
would enable the Council to meet its key aims and objectives within
the Corporate Service Plan which included the enhancement and
provision of an integrated and sustainable transport system.
Further to the production of the RTP, SEWTA
were currently considering how the Plan could, and would, be
delivered. Discussions had recently taken place between
individual authorities, the Chair of the SEWTA Directorate, and the
Chair of the Welsh Local Government Association on this issue to
ensure that SEWTA was capable of managing multi-millions of pounds
worth of projects over the coming years. Currently SEWTA had
a direct work force of five posts of which the Secretariat’s
position had not been filled since his retirement in March
2008. In addition to these staff, numerous officers within
Local Authorities had worked on progressing the RTP through Working
Groups and meetings as well as individuals taking on additional
work loads for SEWTA.
SEWTA was currently financed through the WAG
via Torfaen Council, and had been “hosted” on behalf of the member
Councils by Capita Symonds Consultancy. This arrangement had
worked well and had allowed a degree of flexibility in recruitment
and ability to make short term appointments for specific
purposes. It also protected SEWTA from potential liability
associated with direct employment of staff at a time when the long
term future was being developed. The present position was
that SEWTA’s long term future was now much clearer and the
organisation was preparing for a transition from a phase of policy
development to a phase of delivery of the RTP. This new phase
would require a different approach and different skills. It
was also a phase where the Board would be required to make
decisions of Regional consequence. These decisions would need
to be taken on the basis of fully informed briefings. This
would require much improved engagement with Members of the
Board. It was therefore proposed by officers that the
“hosting” arrangements for the CSU be revised in that it be
transferred from Capital Symonds Consultancy to a constituent
Council. Discussions were ongoing on this issue.
Caerphilly CBC had offered to act as the host
for an initial period of three years and to accommodate the CSU
officers. This arrangement would be reviewed on a three
yearly cycle thereafter. The major advantage of this
arrangement would be the direct accountability of the Secretariat
within a local government setting. The cost to SEWTA of the
proposed 2009/10 Central Support Unit staffing structure provided
through capita Symonds Consultancy was £585,668. It was
suggested that with the proposed revised arrangements, based within
a local authority, an annual saving of at least £50k. on the
current CSU budgets could be made.
However there were genuine concerns from
various Councils that the disadvantages of a Local Authority
hosting SEWTA, for example, a perception of undue influence from an
individual Authority and a perceived loss of objectivity, which
could be seen to be provided from an external organisation, may
outweigh the advantages. Further discussion needed to take
place between the relevant Councils and wider stakeholders before
any decision was sought.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the content of the Draft Regional Transport Plan 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 Urgent Decision Procedure under Article 13.09 of the
Constitution be implemented to authorise the Director of
Environmental and Economic Regeneration to issue the response to
SEWTA in advance of the deadline for comments.
(4) T H A
T the ongoing discussions relating to the future direction of SEWTA
be noted.
(5) T H A
T a review of all Transport Policies be undertaken in order to
achieve an Integrated Transport Policy for the Vale.
Reasons for decisions
(1) To
ensure that Members are kept informed of the Regional Transport
Plan’s programme.
(2) To
acquire Members’ endorsement of the response paper.
(3) To
respond to the deadline set by SEWTA.
(4) To
ensure Members are advised on the future working arrangements of
SEWTA.
(5) In
order to achieve an Integrated Transport Policy for the Vale.
C151
COMMUNITY ACTION SELF HELP (CASH) SCHEME 2008/09 (DFICTP) (SCRUTINY
- CORPORATE RESOURCES) -
Consideration was given to applications for
funding under the CASH scheme 2008/09.
This was a matter for Executive decision.
RESOLVED - T H A T the following grants be
allocated as indicated below:
|
Site / Location
|
Applicant’s Scheme
Description
|
Grant
Awarded
|
|
Peterston-Super-Ely Community Council
|
|
|
|
St. Peters Churchyard
White Bridge
|
Lytch-gate remedial works
Rustic style bus shelter
|
£3,200
NIL
|
|
St. Brides Major Community Council
|
|
|
|
Various locations throughout Community Council
area
|
Provision of way-side seats (10 no.)
|
£3,575
|
|
Wenvoe Community Council
|
|
|
|
Wenvoe Village Hall
|
Building alterations to provide for disabled
toilet facilities
|
£6,150
|
Reason for decision
Having regard to the budget available and sum
requested.
C152
SUPPORTING PEOPLE OPERATIONAL PLAN
2008/09 - 2009/10 (DLPPHS) (SCRUTINY - HOUSING AND PUBLIC
PROTECTION) -
Cabinet were requested to adopt the draft
Supporting People Operational Plan 2008/09 - 2009/10 and authorise
its submission to the Welsh Assembly Government by 30th
September 2008.
Supporting People is the policy and funding
framework for delivering housing related support to vulnerable
people in different types of accommodation and across all
tenures. Under WAG guidance to local authorities on “the
arrangements for the implementation and administration of
Supporting People in Wales” all Councils were required to develop a
Supporting People Operational Plan for the delivery of supported
accommodation services. This guidance set down the systems
and processes that each Council must adopt for the development of
its SPOP and Councils were required to submit their Plans to WAG by
30th September 2008.
Attached at Appendix A to the report was the
draft SPOP for 2008/09 - 2009/10. The main issues from the
SPOP in respect of the development and provision of supported
accommodation for the Vale of Glamorgan were as outlined below:
-
An assessment of the support needs of 5,374 individuals who had
contacted the Housing Division and other voluntary and statutory
agencies had been undertaken and through this “self assessment”
process 82.88% of these identified a support need. Some
17.23% of those identified mild support needs, 25.18% moderate
support needs and 57.59% serious support needs. The most
important serious issues self selected by clients were homeless /
potentially homeless, mental health, physical mobility, domestic
abuse and learning disabilities.
-
A total of 2,595 units of support had been mapped through the
County. The current supply of services in the Vale showed
that there are high levels of supported accommodation for older
people and moderate numbers for people with learning disabilities,
mental health issues and clients who were young and
vulnerable. There were lower levels of supported
accommodation specifically for clients with a chronic illness,
ex-offenders and survivors of domestic abuse.
The Supporting People Planning Group had
determined from the needs analysis that under the Supporting People
Grant regime there was a priority to develop, amongst others, a
second Extra Care Scheme for clients with either a physical
mobility issue, mental health issues, learning disability, chronic
illness or a combination of some or all of these problems. A
scheme to accommodate 60 households was viewed as a suitable
project under this programme, especially for those being discharged
from hospital or an institution. There was also a priority to
support the expansion of the Telecare service to allow as many
people as possible to remain in their own home with sufficient
support mechanisms to guarantee their independence and
welfare. Finally, there was a need to develop floating
support and supported housing for clients of different ages jointly
funded with community care for clients with various support and
care needs.
The total annual revenue costs of the new
support services identified in the Supporting People Operational
Plan was estimated to be in the region of £2.3m. There would
also be capital funding requirements for some of the projects,
which have yet to be calculated. There was clearly a mismatch
in the Vale in terms of available resources and this was an issue
that required further exploration with partners and WAG.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Supporting People Operational Plan 2008/09 - 2009/10 be
approved.
(2) T H A
T the use of the urgency procedure under Article 13 of the
Council’s Constitution be agreed in order to enable the Supporting
People Operational Plan to be submitted to WAG by 30th
September 2008.
(3) T H A
T the report be referred to the Housing and Public Protection
Scrutiny Committee.
Reasons for decisions
(1) To
ensure the Council complies with the timetable requirements of the
Welsh Assembly Government.
(2) To
meet the Welsh Assembly deadline.
(3) For
information.
C153
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 be
considered.
C154
IMPROVEMENT PLAN 2008/09 (CX) (SCRUTINY - ALL) -
Urgent by reason of the need to
publish the Vale of Glamorgan Council’s Improvement
Plan
Cabinet were presented with the final draft of
the Council’s Improvement Plan 2008/09, which contained performance
and improvement information for all directorates and Corporate Plan
priorities.
The Council published its previous Improvement
Plan, as required by the Local Government Act 1999, on
31st October 2007. The Improvement Plan remained
an integral part of the Government’s improvement agenda, and it was
therefore essential to report accurately this year’s statement of
the Council’s performance.
The majority of the information contained
within the Plan was based on departmental service plans which were
discussed by Scrutiny Committees.
The draft Plan had been referred to all
Scrutiny Committees in September for further examination.
The Plan contained all available performance
information required by the Welsh Assembly Government, and several
local indicators that measure corporate priorities. This
performance information would be used by the Wales Audit Office to
assess the Council’s ability to improve, and therefore was of
critical importance to the reputation of the Council.
The Plan may require some further minor
amendments as a result of changes in information from the Local
Government Data Unit or spelling errors, however the information in
it is virtually complete.
The Improvement Plan formed a part of the
Policy Framework and was required to be endorsed by Council.
RESOLVED -
(1) T H A
T the final draft of the Improvement Plan for 2008/09 be
endorsed.
(2) T H A
T the Chief Executive, in consultation with the Leader, be
authorised to finalise the Plan.
(3) T H A
T the Improvement Plan be referred to the meeting of the Council on
8th October, 2008 for endorsement.
Reasons for decisions
(1) To
ensure that actions are taken to improve services.
(2) To
agree the Plan for external audit within required timescales.
(3)
Because the Improvement Plan requires endorsement by Council.
C155
CHILDREN AND YOUNG PEOPLE’S PLAN
(DLD) (SCRUTINY - LIFELONG LEARNING) -
Urgent by the reason of the need to
meet the statutory timetable for the Children and Young People’s
Plan
Cabinet approval was sought for the Children
and Young People’s Plan.
The Council had a statutory obligation to work
with partners to support a multi-agency strategic plan designed to
improve outcomes for Children and Young People within the Vale of
Glamorgan.
The final draft of the Plan was attached at
Appendix 1 to the report. The document had been structured to
comply with specific Welsh Assembly Government guidelines.
The Plan provided a basis for partners within the Vale of Glamorgan
to achieve the seven core aims for Children and Young People.
These were:
·
Having a flying start in life
·
Have a comprehensive range of education and learning
opportunities
·
Enjoy the best possible health and are free from abuse,
victimisation and exploitation
·
Have access to play, leisure, sporting and cultural activities
·
Are listened to, treated with respect and have their race and
cultural identity recognised
·
Have a safe home and a community which supports physical and
emotional wellbeing
·
Are not disadvantaged by poverty.
The document attached to the report was the
high level strategic plan. This would be supported by:
·
a detailed action plan
·
a needs assessment
·
a Vale of Glamorgan Service Profile
·
appendices detailing:
-
consultation process and responses
- partnership
arrangements
- national
and local policies and strategies which have shaped the
priorities
- a glossary
of acronyms.
Final approval of the Children and Young
People’s Plan would be a matter for Full Council.
RESOLVED -
(1) T H A
T the Plan for Children and Young People be endorsed and that
Council be recommended to approve.
(2) T H A
T the Director of Learning and Development be requested to report
back to Cabinet with a detailed Action Plan.
(3) T H A
T the Director of Learning and Development and Cabinet Member for
Social and Care Services and Lead Member for Children and Young
People be authorised to make amendments prior to the submission of
the Plan to Council.
(4) T H A
T the thanks of Cabinet be passed on to those officers responsible
for the production.
Reasons for decisions
(1) To
meet the statutory requirement to agree the strategic plan.
(2) To
consider Action Plan arrangements.
(3) To
authorise any consequential amendments.
(4) To
place on record Cabinet’s appreciation.
C156
LAND AT RHOOSE POINT: OUTSTANDING
ISSUES RELATING TO DRAINAGE AND HIGHWAY ADOPTION (DEER) (SCRUTINY -
ECONOMY AND ENVIRONMENT) -
Urgent by reason of the need to
consider the Report prior to the next meeting of the Planning
Committee
Cabinet received an update of the current
position relating to drainage and highway adoption at Rhoose
Point. The report also sought endorsement of the action being
taken to resolve and progress issues relating to highway and
drainage adoption.
Outline Planning permission was granted for
the Rhoose Point development on 27th March, 1996
following the resolution of the then Development Control Committee
in July 1994 to grant planning permission. The planning
permission was subject to a Section 106 Legal Agreement.
Details of the agreement and a full list of applications submitted
for various stages of the Rhoose Point development were detailed in
an earlier report presented to Cabinet on 6th June 2007,
a copy of which was appended at Appendix 1 to the report.
Since the consideration of the report by
Cabinet in June 2007, work had continued on the processing of two
separate planning applications as follows:
·
2004/01809/FUL: Land adjacent to proposed Rhoose Station, Rhoose -
two storey commercial and residential mixed use development, for
retail at ground floor with flats at first floor
·
2006/01807/OUT: Land to the south side of the railway line, Rhoose
Point, Rhoose - residential development and community uses with
associated infrastructure.
In granting planning permission, the Council
could impose planning conditions and enter into a Legal Agreement
with the developer of the site. This was the case in Rhoose
Point. As for the current position, the consideration of the
two current planning applications (2007/01809/FUL and
2006/01807/OUT) includes a consideration of the requirement for
further new and updated Legal Agreements and conditions and this
consideration will continue to be progressed through the Planning
Committee.
At the time of the report to Cabinet in June
2007, the original clauses of the original Section 106 Legal
Agreement remained outstanding at the time of writing that
report:
·
the transfer of the Nature Reserve and payment of £20k. to the
Council for the provision of an Interpretation Centre
·
the transfer of a playing field and the sum of £50k. to the Council
as a contribution to the provision of changing rooms on the said
playing field
·
the adoption of each local playing area by the Council
·
the provision of a financial contribution for bus diversion into
the site.
The transfer of the playing field was
currently an issue being negotiated through the consideration of
the current live planning application relating to the former
designated employment site (2006/01807/OUT) whilst the issue
relating to the adoption and transfer of the Nature Reserve land
was part of the wider consideration of the drainage and highway
adoption.
In respect of drainage there were a number of
key issues of relevance in Rhoose Point. Firstly, there had
been (until recently) an impasse between Cofton as developer, Welsh
Water / Dwr Cymru and the Council as to the work required to ensure
that the foul and surface drainage systems were capable of adoption
by Welsh Water / Dwr Cymru.
In essence, as was the case in June 2007, the
following issues were of relevance:
·
the possibility of land drainage entering into surface water
systems, with potential to overload the surface water systems
·
responsibility for the ponds, which form part of the Nature reserve
and the concerns that the ponds should be the responsibility of the
Council as was the case in June 2007, (this is not disputed and the
Nature Reserve, including the ponds, will be accepted in accordance
with the terms of the S106 Legal Agreement).
The most significant concern that Welsh Water
/ Dwr Cymru had involved the possibility of land drainage entering
into highway drains at the toe of the highway embankment at the
development access road (highway toe drains). Officers had
therefore been seeking a compromise with Cofton whereby Welsh Water
/ Dwr Cymru would accept the connection of highway toe drains into
the adoption surface water system.
Cofton, through their consultants Ove Arup,
had put together a model of the implications on the adoptable
surface water system of the toe drain connections. This model
had shown that in extreme rainfall events there was a possibility
of surface water (from the adoptable system) surcharging up the toe
drains, which could possibly cause flooding to private land to the
south of the main highway serving the development. This was
of concern to Dwr Cymru / Welsh Water and to Council officers and
meant that connection of toe drains to the adoptable system was not
now the most appropriate way forward for either party.
Cabinet were advised that the toe drains
concerned had been temporarily capped since the beginning of this
year in order to assess whether their disconnection from the
adoptable system would cause any problems. This work was
undertaken given that officers believed that this would ultimately
be Dwr Cymru / Welsh Water’s required position. Cofton
had removed the caps on a monthly basis with Vale drainage
engineers present. On no occasions had the pipes shown any
signs of either holding or passing water. Even with the
significant rainfall that had been experienced this year the toe
drains had effectively operated as “French drains” with water
directly passing from the drain pipe perforations into the land
below.
At the recent meeting between Council
officers, Dwr Cymru / Welsh Water and Cofton, Dwr Cymru / Welsh
Water had categorically stated that as a result of the outcome of
Ove Arup modelling, they would not accept any connection of the toe
drains into the adoptable system. This reflected the policy
position of Dwr Cymru / Welsh Water, and was not unique to Rhoose
Point. As a consequence of this statement Cofton and Vale
officers had since been working on the production of drains, which
detailed the permanent capping of the toe drains. These
drawings had been scrutinised by vale drainage staff and had been
cleared for onward transmission to Dwr Cymru / Welsh Water as part
of the adoption process.
There may still be a risk of the toe drains
surcharging if they failed to drain effectively, though in view of
the experience of the temporary capping arrangements, this risk was
considered minimal and indeed, highly unlikely. Also the
commuted sum levied on Cofton would reflect the possibility of
additional drainage arrangements having to be made in the
future.
Another important issue raised by residents
and referred to in the June 2007 Cabinet report was the presence of
a carrier drain that runs immediately adjacent to the railway
embankment and abuts the designated employment site, and was also
situated within Maes Y Gwenyn.
The following points were of relevance:
·
the drain did not have the benefit of planning permission
·
the presence of the drain had been previously the subject of a
number of complaints to the Council
·
the drain did require planning permission but the Council had taken
the decision previously that it was not expedient to progress
enforcement action. In this regard action would have to have
been taken against individual property owners. Furthermore,
the drain served an important function in taking land drainage from
higher ground which could otherwise presumably affect more low
lying areas as Maes Y Gwenyn.
·
Complaints to the Local Government Ombudsman in respect of this
Council’s stance of not taking enforcement action had been
dismissed.
·
The carrier drain was now immune from enforcement action by reason
of the passage of time.
·
In addition officers had constantly maintained that the presence of
the drain was a civil matter between the residents affected and the
developer. Again this stance had been accepted by the Local
Government Ombudsman.
·
The primary concern of residents appeared to relate to issues of
future maintenance of the drain and liabilities for such
maintenance. In this regard, the current situation was that
the future maintenance of the drain was a matter for the individual
property and land owner (through who’s land the drain
passes). Maintenance and ownership was not therefore a matter
for this Council or Dwr Cymru / Welsh Water and, indeed, was not
linked to ongoing discussions relating to highway and drainage
adoption. That said, discussions would be sought in due
course with prospective developers of land to the north of the
railway line with the aim of the provision of new drainage
arrangements for that site which may well make the carrier drain
redundant of the flows through it greatly reduced.
·
In any event, planning conditions recommended under 2006/01807/OUT
sought to ensure the integrity of the drain (insofar as where it is
located on land to the east of Maes Y Gwenyn) and this is a matter
which could be considered further by Planning Committee.
As advised above, it should be clarified that
the issues relating to the carrier drain were not matters which
would be resolved through future adoption or responsibilities of
the Rhoose Point drainage systems (either by Dwr Cymru / Welsh
Water or the Council as highways or land drainage
authorities). As previously stated it was therefore a civil
matter, and any works undertaken to date in seeking clarification
by the Council had been purely discretionary and as primarily a
facilitator. In this regard officers had previously written
to the related developers in an attempt to promote a resolution to
matters relating to maintenance. Cofton Limited was
infrastructure developer for Rhoose Point and had clarified their
understanding of the position that ongoing maintenance and
liability were civil matters.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the content of the report be noted.
(2) T H A
T the action taken to date in progressing drainage and highway
adoption be endorsed and that the proposed course of action in
respect of resolving matters relating to drainage adoption be
noted.
(3) T H A
T progress reports regarding the adoption of the highways and
drainage matters be reported to Cabinet on a quarterly basis.
(4) T H A
T a further report be prepared and presented on the matter of
Advanced Payments Codes as they relate to the Rhoose Point
development.
Reasons for decisions
(1) To
advise Cabinet of the current position relating to highway and
drainage adoption at Rhoose Point.
(2) To
endorse the action taken to date on issues relating to highway and
drainage adoption.
(3&4) To further inform Cabinet.
C157
EXCLUSION OF PRESS AND PUBLIC -
RESOLVED - T H A T under Section 100A(4) of
the Local Government Act 1972 the press and public be excluded from
the meeting for the following items of business on the grounds that
they involve the likely disclosure of exempt information as defined
in Part 4 Schedule 12A (as amended) of the Act, the relevant
paragraphs of the Schedule being referred to in brackets after the
minute heading.
C158
PROPOSED MEDICAL CENTRE (AKA PRIMARY CARE CENTRE), THE INNOVATION
QUARTER, BARRY (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) (EXEMPT
INFORMATION - PARAGRAPH 14) -
Cabinet received a report which
-
sought approval for the terms and conditions of the disposal of the
plot of land identified to Matrix Realty Investments Limited for
the development of a new Medical Centre (aka Primary Care
Centre)
-
sought approval for the procurement and delivery by Matrix Realty
Investments Limited on behalf of the Vale of Glamorgan Council of a
new off site highway access identified on the plan attached at
Appendix B to the report which was required to enable the plot of
land earmarked for the Medical Centre to be opened up for
development and to serve the long term access needs of the BSC and
Skills Training Centre
-
explained that in the event of tenders exceeding the budget for the
off site highway infrastructure, a review would be undertaken of
the specification and available finance resources by the Director
of Environmental and Economic Regeneration and the Director of
Finance, ICT and Properties
-
outlined the funding arrangements for the off site highway works
and reported the intention to apply for a Welsh Assembly Grant
towards the costs of the off site highway works and which explained
that the developer would provide funding towards the cost of the
off site highway works offset against the value of the
land.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the terms and conditions of the land disposal outlined in the
report be approved, and that in accordance with Cabinet Minute
C2301(1) authority be granted to dispose of the site shown
indicatively on Plan A attached to the report to Matrix Realty
Investments Limited for the purpose of constructing a new Medical
Centre, subject to Welsh Assembly Government consent, Section 123
of the Local Government Act 1972, and any other necessary
consents.
(2) T H A
T authority be granted for Matrix Realty Investments Limited to let
a contract for the delivery of the off site highway access
identified indicatively on Plan B attached to the report (subject
to planning) on behalf of the Vale of Glamorgan Council, financed
by capital funding from the Vale of Glamorgan Council, Welsh
Assembly Government and funding from Matrix Realty Investments
Limited by virtue of offsetting the cost of the highway against the
value of the land disposal for the Medical Centre.
(3) T H A
T authority be granted for the submission of grant application on
behalf of the Vale of Glamorgan Council to the Welsh Assembly
Government to secure funding towards the cost of the off site
highway access and that the terms and conditions of any grant be
accepted, subject to the approval of the Director of Finance, ICT
and Property and Director of Legal, Public Protection and Housing
Services.
(4) T H A
T authority be granted for the Director of Legal, Public Protection
and Housing Services in consultation with the Cabinet Member for
Legal and Public Protection to prepare, complete and execute the
appropriate legal documentation for when disposal, subject to the
consent of the Welsh Assembly Government, may be appropriate.
(5) T H A
T if additional funding is required as a result of the tendering
process for the Spine Road, the Directors of Environmental and
Economic Regeneration and Finance, ICT and Property in consultation
with the Cabinet Member for Economic Development and Regeneration
be given authority to review the specification and funding and
report back to Cabinet if further financial resources are
necessary.
Reasons for decisions
(1) To
authorise the terms and conditions of the land disposal outlined
the report to Matrix Realty Investments Limited in accordance with
Cabinet Minute C2301.
(2) To
authorise Matrix Realty Investments Limited to let a works contract
for the delivery of the off site highway access identified
indicatively on Plan B attached to the report (subject to planning
permission) on behalf of the Vale of Glamorgan Council financed by
capital funding from the Vale of Glamorgan Council and Welsh
Assembly Government and funding from Matrix Realty Investments
Limited by virtue of offsetting the cost of the highway against the
value of the land disposal for the Medical Centre / Primary Care
Centre.
(3) To
authorise the submission of a grant application on behalf of the
Vale of Glamorgan Council to the Welsh Assembly Government to
secure funding towards the cost of the off site highway access, and
that the terms and conditions of any grant is accepted, subject to
the approval of the Director of Finance, ICT and Property and
Director of Legal, Public Protection and Housing.
(4) To
authorise the Director of Legal, Public Protection and Housing
Services to prepare, complete and execute the appropriate legal
documentation for the land disposal, subject to consent of the
Welsh Assembly Government as may be appropriate.
(5) To
authorise a review of the specification and funding of the Spine
Road in the event additional funding is required after
tendering.