SCRUTINY COMMITTEE (ECONOMY AND ENVIRONMENT)

 

 

MINUTES of a meeting held on 17th July, 2007 in the Cory Education Centre, Dyffryn.

 

Present: Councillor N.P. Hodges (Chairman); Councillors Ms. L. Burnett,

J. Clifford, Miss J. Cole, G.A. Cox, A.D. Dobbinson, E. Hacker, Mrs. M. Kelly Owen, Mrs. A.J. Moore, Mrs. A.J. Preston, A.J. Williams and M.R. Wilson.

 

Also present: Councillor R.F. Curtis.

 

 

214     APOLOGIES FOR ABSENCE -

 

These were received from Councillors R.J. Bertin, Mrs. S.I. Sharpe and

W.C. Vaughan.

 

 

215     MINUTES -

 

RECOMMENDED - T H A T the minutes of the meetings held on 20th June and 3rd July, 2007 be approved as a correct record.

 

 

216     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

217     DRAFT IMPROVEMENT PLAN 2007/08 (CX) -

 

The draft Improvement Plan 2007/08 had been circulated under separate cover.  It was noted that WAG guidance now required the publication of the Plan no later than 31st October, 2007;  the change in date (from end of June to 31st October) had been made to allow actual, audited data (provided by the Local Government Data Unit) to be included in the Plan and for consultation to have been undertaken prior to its publication.  It was further noted the Plan contained all available performance information required by WAG together with several local indicators which measured corporate priorities.  That performance information would be used by the Wales Audit Office to assess the Council’s ability to improve and was therefore of critical importance for the reputation of the Council.  Information to be contained within the completed Plan was still being provided by managers.

 

RECOMMENDED - T H A T the Improvement Plan for 2007/08 as currently drafted be endorsed.

 

Reason for recommendation

 

To ensure that actions are taken to improve services and to agree the Plan within required timescales.

 

 

218     REVIEW OF THE COUNCIL’S PEST CONTROL SERVICE (REF. - MINUTE NO. 156) -

 

The Scrutiny Committee (Corporate Resources) had, on 26th June, 2007 considered the above and referred the same to Cabinet for consideration subject to the views of this and the Scrutiny Committee (Community Wellbeing and Safety) being obtained on the matter.  By way of background, it was explained that the Council had specific statutory responsibilities in respect of controlling pests.  Under the Prevention of Damage by Pests Act 1949, local authorities had a duty to take such steps as might be necessary to secure so far as was practicable that districts were kept free from rats and mice.  That Act had conferred powers on local authorities to require action by owners and occupiers by serving legal notices.  When there was default on such a notice, local authorities themselves could take action and recover reasonably incurred expenses.

 

The provision of pest control treatments without the prior service of a notice was a discretionary service provided by the Council and, in respect of pests of public health significance, namely rats, mice, bed bugs and cockroaches, treatments were provided and entirely subsidised by the Council.  It was noted that the private sector charged a fee for similar services ranging from £25 to £45 per visit.

 

Given that all Directorates had been examining ways of making efficiency savings due to budget pressures and the need to make efficiency savings under the “Making the Connections” agenda, it had become necessary to consider either limiting resources for non-statutory services or increasing income in order to maintain current service levels.  The Local Government Act 2003 included a general power for local authorities to charge for discretionary services and provided an opportunity for increasing Regulatory Services charges to offset the budgetary pressures facing the Council although charges made under the Act were limited to the cost of recovery.  It was reported that, with increasing pressures on local authority budgets, an increasing number of local authorities were beginning to charge for those services.  It was also noted that the demand for the Council’s Pest Control Service currently exceeded the capacity of the service to provide it in a timely manner with customers regularly waiting in excess of three weeks for their first treatment.  Appended to the report considered by the Scrutiny Committee (Corporate Resources) was a proposed scale of charges for Pest Control Services for 2007/08.  That Committee had also considered three options, supporting the principle of charging for Pest Control Services as set out in Option B subject to the views of other Scrutiny Committees being obtained.

 

Option B provided for the Council to continue to provide a Pest Control Treatment Service either in-house or by contracting the service to the private sector but making a charge for all or some pests of public health significance as well as other pests.  A variation on that option and favoured option was to treat pests of public health significance inside domestic properties free of charge but make a charge where they were outside.

 

As stated within the report, the proposed charges related to pests of public health significance and debate ensued on the merits (or otherwise) of charging for such pests outside of domestic properties.  It was anticipated that there would be a fall off in demand for the service where charges were levied, a likelihood of an increase in do-it-yourself methods being utilised which might not be as effective as the professional treatments, and a loss of professional advice to address further infestations.  Public perception also needed to be taken into account given the current national publicity relating to fortnightly refuse collections (although there were no such plans for the Vale) and the documented increase in the incidence of rats.  It was recognised that the reasons giving rise to the increase in rats should be addressed and that a publicity campaign on how better to protect the environment to mitigate against such problems could be beneficial.  Attention was drawn at the same time, however, to the requirement of Cabinet that all Departments make appropriate efficiency savings.  The view was taken that, given the potential public health implications of introducing charges for the control of the above pests, Cabinet should be urged to recognise that this was a service which should be protected from having to make such savings. 

 

RECOMMENDED -

 

(1)      T H A T Option C be supported and that the Council continue to provide free Pest Control Treatment for pests of public health significance and charge for other pests in line with current practices.

 

(2)      T H A T Cabinet be requested to ensure that an adequate allocation to provide the service required was contained in future budgets in the interests of public health and to avoid possible additional costs in the future which could fall on the Council as a consequence of increased infestations.

 

Reasons for recommendations

 

(1&2)  To safeguard the interests of the public and the Council.

 

 

219     REVENUE AND CAPITAL MONITORING: 1ST APRIL, 2007 TO 30TH JUNE, 2007 (DEER) -

 

The projected outturn for the 2007/08 Revenue Budget was for a balanced budget although it was noted, as at the previous meeting, that it was extremely early in the financial year.  Details pertaining to the Capital Programme were appended to the report.  Budgets brought forward from 2006/07 into 2007/08 had been reported to Cabinet and Council in June, 2007 and were now included within those details.  It was also noted that, as approved by Cabinet on 20th June, 2007, all further work on the Penarth Headland Link Scheme had ceased.  It had to be noted, however, before the WAG funding had been suspended, it had been agreed that expenditure paid in April 2007 on work up until the end of March 2007 could still be claimed.  As such, the Council’s costs in the current financial year had been funded from WAG and no further claims could be made.  Cabinet had agreed that the Capital Programme 2007/08 be increased by the amount of £192k. which had been funded by WAG grant.  In response to questions, further information was given at the meeting in relation to progress in relation to the Merrie Harrier Gyratory project and further details would be forwarded to Members in respect of the refurbishment of bridges and Network Rail highway bridge strengthening.

 

RECOMMENDED - T H A T the position with regard to the 2007/08 revenue and capital monitoring be noted.

 

Reason for recommendation

 

That members are aware of the position with regard to the 2007/08 revenue and capital monitoring relevant to this Committee.

 

 

220     HIGHWAY SAFETY CONCERNS, FFORDD Y MILENIWM, BARRY WATERFRONT (DEER) -

 

The report was withdrawn in order to allow Cabinet to consider the position further.

 

RECOMMENDED - T H A T it be noted that a further report would be submitted to this Committee in due course.

 

Reason for recommendation

 

To consider the position further in light of Cabinet’s future comments.

 

 

221     BUS SHELTERS (DEER) -

 

This Committee had, on 24th October, 2006 requested that measures be immediately put in place to collect statistics in respect of incidents of vandalism (identifying bus shelters specifically) and associated costs and a report made on the same to this Committee in six months.

 

Details and costs of remedial action in respect of nineteen incidents of vandalism throughout the Vale between November 2006 and May 2007 were contained within the report.  Total costs had amounted to £8,120.  As regards graffiti, attention was drawn to the fact that incidents of graffiti removal were not addressed for individual bus shelters unless a single shelter was excessively subject to significant graffiti or the nature of the graffiti required immediately removal.  It was reported that under normal circumstances cleansing operations were carried out to remove graffiti on a time-based area schedule which would include the cleansing of multiple bus shelters on any given occasion as part of the Council’s normal Streetcare activities.  During 2006/07, the following costs were due to cleansing works specifically for the removal of graffiti on Council bus shelters:

 

·   within the Penarth area, 14 hours spent removing graffiti from bus shelters in Elfed Avenue and Lavernock Road on multiple occasions at a cost of £644;

·   within the Barry area, 10 hours spent removing graffiti from bus shelters in Gibbonsdown, Cadoxton, Treharne and Barry Island on multiple occasions at a cost of £460;

·   within the Vale area, 8 hours spent removing graffiti mainly from bus shelters in Rhoose and Llantwit Major bus station on multiple occasions at a cost of £368.

 

The total cost of the removal of graffiti from bus shelters as indicated above had amounted to £1,472.

 

Further details relating to bus shelter maintenance (including those shelters damaged by vehicles) and the removal of graffiti were reported verbally.  Where possible efforts were made to recover costs in the case of vehicular accidents - although this had proved notoriously difficult to collect.  Discussion ensued on the feasibility of promoting community involvement in the upkeep of shelters through an ‘adopt a shelter’ approach although it was recognised that a better way forward was educating the public that well maintained shelters engendered wellbeing.  Given the Council’s limited budget for that service, efforts were ongoing to have shelters adopted by Adshel.  In response to the suggestion relating to solar powered shelters, it was explained that this was currently not an economic option.

 

RECOMMENDED - T H A T the position be noted and a monitoring report submitted at the end of the financial year.

 

Reason for recommendation

 

For information.

 

 

222     VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN (LDP): REVISION OF APPROVED DELIVERY AGREEMENT (DA) (DEER) -

 

Details were presented of the significant progress made to date on the LDP.  The programme established for the LDP preparation had been adhered to up to February 2007 but, notwithstanding the considerable progress outlined in the report, it was accepted that the original timetable detailed in the approved DA underestimated the degree of work required and was over ambitious given the staff resources available and the amount, complexity and duration of the consultation periods required at the various stages of the LDP process.  A revised work programme up to and including reporting to Cabinet on the consultation exercise in respect of the Preferred Strategy was appended to the report.  It was now anticipated that the Preferred Strategy would be reported to Cabinet in December 2007, the six weeks consultation period thereafter taking place during February and March 2008 with the result of the consultation being reported to Cabinet in May 2008.  The revised timetable overlaid on the approved DA timetable was also appended to the report.  WAG had indicated that the slippage as described above would be acceptable in principle and that the approved DA should be amended accordingly to reflect the eight month slippage.  The view was taken, however, that although slippage as described above was considered unavoidable at the current stage of the LDP process, this could be recovered during the later stages of the process and the LDP deposit date still met.

 

Both Cabinet and the Planning Committee were to consider the report on 18th and 19th July, 2007 respectively.

 

RECOMMENDED - T H A T Cabinet be informed of this Committee’s view that:

 

·   the revision of the Council’s DA as proposed in the report be approved;

·   the revision to the Council’s DA be forwarded to the WAG for approval;

·   following formal WAG approval, those stakeholders and organisations previously consulted on the drafting of the DA be advised of the revisions detailed in the report.

 

Reason for recommendation

 

To allow sufficient time for preparation and consultation; to accord with LDP Regulation 9; and to advise stakeholders and organisations previously consulted of the current position.

 

 

223     VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN (LDP): STRATEGY OPTIONS STAKEHOLDER WORKSHOP FINDINGS (DEER) -

 

In accordance with the approved Delivery Agreement (DA), specific bodies and relevant general stakeholders had been invited to attend a Workshop on 24th May, 2007 to discuss the various strategic options for the LDP.  A total of 52 stakeholders had attended and the findings would be used as a foundation for the Council’s LDP preferred strategy.  Those attending were brought up to date on LDP progress and the role of Sustainability Appraisal in determining the preferred strategy for the LDP.  Stakeholders were also asked to consider the merits of each of the following strategy options:

 

·   Option 1 - maximising the potential of and concentrating growth in Barry, Penarth, Dinas Powys, Sully and Rhoose (current UDP strategy)

·   Option 2a - dispersal of housing and employment opportunities based on the current population of each settlement (without a sustainability test)

·   Option 2b - dispersal of housing and employment opportunities based on the current population of each settlement (with a sustainability test)

·   Option 3 - higher growth in the larger villages in rural areas

·   Option 4 - a rural new settlement able to promote sustainable self-containment

·   Option 5 - concentrate development opportunities in Barry, Penarth / Llandough, Dinas Powys and Sully.  Llantwit Major and St Athan to be a key development opportunity.  Smaller sustainable settlements to accommodate further housing and associated development.

 

Detailed explanations of all the options together with their advantages and disadvantages were appended to the report.  Option 5 was considered to be the most favourable is it supported the regeneration of brownfield sites such as Barry Waterfront and made efficient use of existing infrastructure and transport facilities.  In addition, it recognised the potential development opportunities arising from the proposed Defence Training Academy at St Athan.  Stakeholders also proposed additional strategy options including various combinations of the above options, tying in proposed development in the Vale of Glamorgan with those in neighbouring authorities, focusing development opportunities around Cardiff International Airport, and concentrating the majority of developments in and adjoining existing major settlements but providing area specific allocations within the surrounding areas.  Attention was also drawn in the report to the fact that it would not be possible to adhere to the dates originally set out in the approved DA timetable.

 

Given the myriad changes in planning legislation and subsequent guidance, the suggestion made that Members be afforded training was widely accepted.  The offer, too, that the recently appointed Section 106 Officer be invited to update the Committee on her achievements and aspirations was also accepted.

 

RECOMMENDED -

 

(1)      T H A T Cabinet be notified that the following recommendation be endorsed:

 

          ·   the findings from the strategy options stakeholder workshop be noted;

          ·   the revised timescale for the preparation and consultation of the LDP preferred strategy be noted;

          ·   a further report be presented to Cabinet later in the year on the draft LDP preferred strategy.

 

(2)      T H A T all Members of the Council be offered training on new planning legislation and subsequent guidance.

 

(3)      T H A T the above training either include a contribution from the Section 106 Officer or that she attend a future meeting of this Committee.

 

Reasons for recommendations

 

(1)        To inform Cabinet.

 

(2)&(3)  To inform Members.

 

 

224     WAVERLEY AND BALMORAL - DOCKING CHARGES, PENARTH PIER 2007/08 (DEER) -

 

Cabinet had deferred consideration of the request to levy a new charge for docking the Balmoral and Waverley at Penarth Pier during evenings and night-time sailings for a further report providing the rationale for the request (Minute No. C2940).  By way of background, it was explained that irrespective of the time, day or night, dockings during 2006 had been charged at £12.83, increased annually by inflation.  It was further explained that whilst the majority of dockings took place during the normal workings hours of staff on the Pier (8.30am - 5.00pm), there were a number which did not and the cost of providing staff “out of hours” was calculated to be £62.82.  Whilst the operators of the Balmoral and Waverley had been approached to accept the revised charges for evening / night-time dockings, no response had been received.

 

Given that the current charges for “out of hours” docking resulted in a loss to the Council of approximately £50 per docking, it was

 

RECOMMENDED - T H A T Cabinet be requested to agree a new charge of £62.82 for all “out of normal hours” docking in 2007/08 and future years, and that the charge be implemented immediately on cessation of the call-in process.

 

Reason for recommendation

 

So that the Council can recover the actual minimum costs of providing “out of hours” service to the Balmoral / Waverley when docking at Penarth Pier.

 

 

225     THE POUND - LLANBLETHIAN (DEER) -

 

Views were sought on the proposal to declare land at The Pound, Llanblethian surplus and to identify the reasons for disposal. 

 

RECOMMENDED - T H A T consideration of the report be deferred for local Ward Member consultation to be carried out.

 

Reason for recommendation

 

For consultation.

 

 

226     PROSIECT GWYRDD - A REGIONAL PARTNERSHIP FOR THE PROCUREMENT OF A RESIDUAL WASTE TREATMENT SOLUTION (DEER) -

 

Details were presented of the work being carried out to procure a residual waste treatment solution for this Council and its partnering local authorities within a collaborative partnership.  By way of background, it was reported that, in January 2006,  Cabinet had authorised the Director of Environmental and Economic Regeneration to enter into formal discussions with potential local authority and private sector partners in respect of the future waste procurement options (Minute No. C2261).  Since that time, officers from the partnering authorities of Cardiff, Newport and Monmouthshire had jointly been exploring pre-procurement works, namely project scope, procurement partnering structure, market appetite, key assumptions, initial high level affordability modelling, site availability and project timescale.  A joint report of the Partnership Technical Officers on proposals for the procurement of a sustainable residual waste treatment solution was appended to the report.

 

It had become clear that there was a keen market appetite from the waste industry to enter into a procurement process with the Partnership and a range of technical solutions had been identified.  It was noted that the procurement of residual treatment would only be for household and commercial waste that could not be recycled and / or composted, and it was clear that all authorities in the Partnership were committed to maximising the amount of waste to be recycled and composted within their areas.  It was noted that the procurement of joint treatment when fully developed would contribute to all authorities meeting their Landfill Diversion targets but, more importantly, without such treatment the authorities would risk significant fines for failing their targets.  The joint report as referred to above contained five recommendations, certain of which would need to be tailored to reflect the needs of this Council.

 

Details were also contained in the report of the potential resource implications.  At present these were high level indications based upon the results of a preliminary affordability modelling exercise and would need to be developed further as part of the Outline Business Case.  Discussion ensued on the projected figures and Members were updated on recent news that WAG would provide £400k. to be spent on procurement.  Attention was also drawn to the fact that whilst no additional resources were presently available within the base budget for Visible Services, subject to agreement, the Visible Services reserve could provide the source of funding to meet the Council’s share of any one-off costs associated with procurement and development of the Outline Business Case.  It was recognised too that the timetable for implementation was extremely tight and although 2013 remained the deadline at the current moment.  Discussion also briefly ensued on the need to investigate the technological options available and it was noted that, should Cabinet agree to a fifth Authority joining the Partnership, a report incorporating the ideas and experience of that Authority would be presented to a subsequent meeting.  Overall, it was noted that the level of co-operation within the Partnership to date had been very impressive and positive. 

 

RECOMMENDED -

 

(1)      T H A T, consistent with the principles of its adopted Municipal Waste Strategy, the Council should:

 

          (i)   formally join Prosiect Gwyrdd;

 

          (ii)   authorise officers to work collaboratively with officers from the other Authorities forming Prosiect Gwyrdd to carry out the pre-procurement work details (preparation of Outline Business case, project scope and governance model);

 

          (iii)   endorse the structure of Prosiect Gwyrdd, including the setting up of a non decision making Steering Group to oversee the pre-procurement work;

 

          (iv)   agree that a further report be submitted to Cabinet on the outcome of the pre-procurement work and seeking a decision as to the commencement of the procurement process; and

 

          (v)    agree to Caerphilly County Borough Council joining Prosiect Gwyrdd.

 

(2)      T H A T the Cabinet Members for Visible Services and for Finance, ICT and Property be nominated as members of the non decision making Steering Group for Prosiect Gwyrdd for the purpose of overseeing the pre-procurement preparatory work.

 

(3)      T H A T Newport County Borough Council act as lead authority to make any funding applications and that Cardiff Council be authorised to enter into contracts for the appointment of external consultants to advise on Prosiect Gwyrdd (within approved funding levels and subject to agreeing the apportionment of costs between the authorities).

 

(4)      T H A T the Director of Environmental and Economic Regeneration be authorised to conclude the Memorandum of Understanding on behalf of the Authority, addressing the matters referred to in the body of Appendix 1 to the report.

 

(5)      T H A T the 2007/08 indicative procurement costs as detailed in Table 3.0 of the aforementioned Appendix 1 be noted and that Cardiff Council, subject to funding being available, look to appoint advisors from their financial frameworks to assist in the production of the Outline Business Case, the indicative procurement costs being funded equally by the Authorities net of any funding received from the Welsh Assembly Government.

 

(6)      T H A T the above recommendations be referred to Cabinet for Executive decision.

 

Reasons for recommendations

 

(1)      To ensure Prosiect Gwyrdd is taken forward to deliver a regional waste treatment solution within the proposed procurement timescales and the necessary economies of scale to deliver value for money.

 

(2)      To have effective and comparable representation on the Project Steering Group.

 

(3)      To ensure that there is continuity of funding applications and that appropriate external expertise / advice is available to the Partnership.

 

(4)      To formalise the present agreement between the partnering Authorities.

 

(5)      To ensure that Members are aware of the funding issue through the production of an Outline Business Case.

 

(6)      To obtain Executive decision.

 

(Note: Councillor R.F. Curtis spoke on the above matter with the consent of the Committee.)