CABINET

 

 

MINUTES of a meeting held on 6^th June, 2007.

 

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

 

Also present: Councillor Miss. J. Cole.

 

 

C3040                        APOLOGY FOR ABSENCE -

 

This was received from Councillor R.F. Curtis.

 

 

C3041                        MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 23^rd May, 2007 be approved as a correct record.

 

 

C3042                        DECLARATIONS OF INTEREST -

 

Councillors N.J. Gibbs and Mrs. V.M. Hartrey declared an interest in Agenda Item No. 19 in that both were members of the Royal British Legion and vacated the room during the consideration of that matter.

 

 

C3043                        VOLUNTARY ACTION SCHEME – PRIORITIES FOR FUNDING 2008/09 (REF – MINUTE NO. 1086) –

 

The Voluntary Sector Joint Liaison Committee had, on 1^st May, 2007 received the above report, the purpose of which had been to consider any necessary revisions to the arrangements and priorities for funding under the Voluntary Action Scheme for 2008/09.  Members were reminded that Cabinet had undertaken a review of all policy grant schemes and, in respect of the Voluntary Action Scheme, had amended the requirements for exit strategy and publicity.  Cabinet had also required that operational departments were to be asked “whether the scheme would be a top priority for their service, ranking equally with expenditure included within their budget”.  The sums available for grant for 2008/09, subject to the necessary budget being approved, net of forward commitments already given, would be £129k. (£203k. total funding less £74k. forward commitments).  Financial provision, if approved, would be held within the General Policy Revenue Budget.

 

The Voluntary Sector Joint Liaison Committee had requested Cabinet to approve the arrangements and priorities for funding under the Voluntary Action Scheme for 2008/09. Following consideration of the matter, it was

 

RESOLVED – T H A T the  request be noted and the matter referred to the Budget Working Group for further consideration.

 

Reason for decision

 

To take account of the views of the  Budget Working Group.

 

 

C3044                        VALE OF GLAMORGAN LOCAL ACCESS FORUM –

 

The following minutes of a meeting held at the Cory Education Centre, Dyffryn Gardens on 8^th May, 2007 were submitted:

 

Present:Mr. M.R. Harvey (Chairman); Mr. D.J. Field (Deputy Chairman);

Mr. J.V. Custance, Mrs. V.M. Hartrey, Mr. J.J. Herbert, Mrs. H. March, Mr. H.S. McMillan, Mrs. M. Morgan, Mr. N. Moss, Mr. R. Pittard, Mr. R. Simpson, Mr. R. Traherne and Mrs. V. Warlow.

 

Mr. J. Wyatt (Secretary); Mr. F. Coleman, Mr. C. Fray and Mr. C. Jones-Jenkins (VOGC).

 

 

(a)            Apologies for absence -

 

These were received from Mr D.T. Hopkin, Mr. D. Williams and Councillor G. John (Cabinet Member, Leisure and Tourism).

 

 

(b)            Minutes -

 

AGREED - T H A T the minutes of the meeting held on 21^st February, 2007 be approved as a correct record subject to the following insertion in the second sentence of the penultimate paragraph of Minute No. (f) after the reference to Mr Custance: “as British Mountaineering Council Access representative for South East Wales.”

 

 

(c)        Report on Draft ROWIP Consultation -

 

The three month consultation period for the draft ROWIP had ended on 10^th April, 2007.  Distribution and advertising had been undertaken in accordance with the CRoW Act and Welsh Assembly Government Guidance.  Twenty one responses had been received, with the issues raised in those responses summarised in a report to the Forum under the following headings:

 

§                Compliments / support for the document

§                Partnerships

§                Resources

§                Strategic context

§                Network composition

§                Network maintenance / installation choices

§                Document format

§                Document format with specific regard to the Definitive Map / Ordnance Survey Map.

 

Generally, a very positive response had been received, particularly for the idea of partnership development, especially from Town and Community Councils.

 

In addition to the above, the Countryside Council for Wales had also submitted an extremely useful response, which was again included in the information considered by the Forum.  Certain of the points raised by CCW were accepted and the document would be reviewed / amended accordingly.  Particular reference was made in the course of the subsequent discussion to the Strategic Environmental (SEA) Directive and to the fact that the Council should consider whether or not the ROWIP should be screened under SEA to avoid any potential future challenge.  It was queried at the meeting as to whether the Environment Agency and the Forestry Commission had commented about the issue of the SEA, and agreed that officers would investigate.  Discussion also took place on the desirability of including aspirational targets within the ROWIP - qualified as necessary by practical issues such as e.g. the availability of funding / resources.  Members were requested to submit any suggestions to the PROW Section within a month.  The final draft document would then be presented to the LAF in September for comment.

 

AGREED - T H A T the changes suggested by the Public Rights of Way Team and those comments accepted from CCW be agreed and incorporated in the document, together with any further suggestions from the LAF, for final consideration at the September meeting.

 

 

(d)            Guidance issued under Sections 147 and 147ZA of the Highways Act 1980 relating to the requirement for local authorities to have regard to the needs of people with mobility problems when authorising stiles and gates -

 

The Forum received for information a copy of the above statutory guidance issued by the Welsh Assembly Government.  The WAG advised that local authorities, before authorising a new barrier under Section 147, should be satisfied on the following three counts:

 

·                    that the land was being used, or was being brought into use, for agriculture, forestry or for the breeding or keeping of horses;

·                    that, in order for that use to be carried on efficiently, it was expedient for a structure to be erected on the path or way that crossed the land to prevent the ingress or egress of animals; and

·                    that the barrier being authorised was the least restrictive barrier that was consistent with the need to contain or exclude animals.

 

Discussion then ensued on the needs of landowners given the specific situation within the Vale which housed a diverse and increasing number of landowners and farmers, both large and small scale.  Reference was, however, made to the fact that efforts had been made to address that matter within the draft ROWIP in that, whilst looking at gap, gate, stile in that order the Council recognised the need to consult with and gain agreement from landowners and to work within what was statutory guidance and could not therefore be ignored.  The drawing of attention to the following publications, as alluded to in the guidance, was also noted:  “By All Reasonable Means: Inclusive Access to the Outdoors for Disabled People”; and Countryside for All Good Practice Guide, extended CD edition, published by the Fieldfare Trust in 2005.

 

AGREED – T H A T the aforementioned statutory guidance be noted together with the revised entry within the draft ROWIP referred to above.

 

 

(e)       “Let’s Walk Cymru”: Guidance Note -

 

“Let’s Walk Cymru” was a new Wales-wide initiative (promoted through Sports Council Wales and supported by WAG and CCW) tasked with increasing the number of people undertaking walking as a regular health benefiting activity.  The initiative would support existing physical activity projects as long as they showed additional features in their application for assistance illustrating an extension of the project to include different people, areas or activities.

 

The Guidance Note submitted to the Forum set out details of the following:

 

§                categories of projects which would be funded;

§                eligibility;

§                what a grant could / could not be used for;

§                details of the amount of grant available (i.e. of up to £10k. per annum);

§                timescale.

 

It was explained that despite the above not being a core issue for the PROW Section, ways of promoting the initiative (in partnership or unilaterally) were being discussed.  An example given was the production of walking leaflets based on the Country Parks in the Vale.  Reference was also made during subsequent discussion to the success of the Walking the Way to Health model and Mrs. Warlow, who was involved in the initiative through Valewaves, agreed to keep the LAF informed of new developments in that area. 

 

AGREED – T H A T the position be noted.

 

 

(f)            Update on Coastal Access Improvement Programme -

 

Consideration had been given at the last meeting to a draft outline Coastal Access Improvement Programme (CAIP).  The draft document had now been amended in the light of comments received, investigation into potential schemes and further guidance from the Countryside Council for Wales.

 

Consideration was given to the revised document, within which the initiatives proposed were grouped into three themes:

 

§                Practical Improvements;

§                Investigative Work;

§                Negotiation and Management.

 

Each of the proposals would contribute significantly to improving coastal access and would demonstrate to be in accordance with the priorities given in the Wales Coastal Access Improvement Programme.  More local priorities, based on the workshop session held at the last meeting of the Forum, would be more appropriate to carry forward into the full CIAP document to be prepared later in the year.  Subsequent discussion referred to the practicalities of acquiring the land necessary to replace lost sections of path, which would be dependant upon the level of grant awarded.  It was noted that an optimistic total bid of £177k. had been submitted.

 

It was understood that officers from the Countryside Council for Wales were meeting on 8^th May, 2007 to review all the Local Authority Coastal Access Programme bids, with the outcome of the bids to be made known as soon as possible.

 

AGREED - T H A T the revised draft Outline Coastal Access Improvement Programme be endorsed.

 

 

(g)            Membership of Coastal Access Advisory Group -

 

The Wales Coastal Access Improvement Programme guidance required the establishment of a partnership to progress the Vale of Glamorgan Coastal Access Improvement Programme.  At the last meeting, it had been suggested that a Vale of Glamorgan Coastal Access Advisory Group could be formed from a core of, perhaps, six Forum members, together with a representative from selected organisations, to provide a strategic advisory group and sounding board for coastal access issues.  The suggested organisations were the Country Landowners and Business Association, the National Farmers Union, the Farmers Union of Wales, the Environment Agency, the Vale Marketing Group (representing tourism interests) and the Cardiff and Vale Coalition of Disabled People.  Initial contact had already been made with most of these organisations.

 

In addition to the above, direct consultation would need to involve other sections within the Council, specific landowners, user groups and Community Councils.  It might be appropriate to have a wider partnership meeting on an annual basis to discuss issues and progress on the CIAP.

 

The Advisory Group would be facilitated in a similar way to the Local Access Forum, with its proceedings being reported on to the Forum and the Council’s Scrutiny Committee (Economy and Environment) and / or Cabinet as appropriate.

 

AGREED -

 

(1)       T H A T the establishment of a Coastal Access Advisory Group as a sub-group of the Local Access Forum be endorsed, to form part of a core of a wider Vale of Glamorgan partnership to help progress coastal access initiatives.

 

(2)       T H A T the following members of the Forum be nominated to serve on the Coastal Access Advisory Group:

 

                        Mrs. V.M. Hartrey, Mr. J.J. Herbert, Mrs. H. March,

Mr. H.S. McMillan and Mr. R. Simpson.

 

(3)       T H A T any other member wishing to serve on the Group notify the Secretary by 11^th May, 2007.

 

 

(h)       Local Access Forum Volunteers’ Performance Indicator Survey: August 2006 -

 

By way of background it was explained that the Performance Indicator for Public Rights of Way asked for the percentage of total lengths of rights of way which were easy to use by members of the public in order to measure trends and progress.  Guidance currently recommended a survey of a minimum of 5% of the length of the network each year to achieve the desired result.  Since commencement in 1997, the surveys had been carried out each Spring by volunteers from members of the two Ramblers’ Association groups in the Vale.  It was noted that the individuals carrying out the surveys had largely remained the same throughout the 10 year period.  The continuity achieved as a consequence had been taken as an indicator that any apparently random swings in results (as evidenced in the graph appended to the report) could not be put down to different surveyors being employed in different years.   Instead, it was considered that the apparent swings were the result of 5% being too small a percentage for the length of path in the Vale and efforts had been made to increase the size of the survey from a minimum 5% to 10% each year.  This opportunity arose in 2006 when seven members of the LAF volunteered to undertake the surveys.  A further minimum 5% random sample of the PROW was then generated and split seven ways.  Six of the seven volunteers completed the task and the results therefore were derived from 4.61% survey as opposed to the recommended minimum 5%.  The surveys had been carried out in August / September 2006 and showed an overall 50.7% pass rate.  In the Spring of 2007 the next regular survey had been undertaken by the Ramblers’ Association groups and the result submitted to WAG as the current year’s PI return.  It was noted that the Summer LAF result had been significantly below that measured by the Ramblers in the Spring and, accordingly, the LAF result would be recorded only internally alongside the Ramblers’ Association returns for the immediate future to allow trends and consistency to become apparent.

 

Those surveying indicated that many of the footpaths had failed to meet requirements because of the lack of way-marking and signposting and suggested that an action plan should be drawn up to rectify that position.  In response, it was pointed out that the purpose of the survey was to identify trends and that a planned programme of maintenance work was drawn up.  That programme concentrated in the main on those paths most used / closest to centres of habitation etc. and the diversion of severely limited resources to bring the paths subject to the survey up to standard would be an inappropriate use of those resources.  It was, however, accepted that those undertaking the survey should be permitted to install way-markers as part of their remit where required.   It was also reported that the WLGA proposed changes to the way in which the PI in question was undertaken and a report requested on the same for consideration at the next meeting.  Other potential new footpaths PIs were also being mooted and a further report would be submitted to a future meeting once that information had been received. 

 

AGREED –

 

(1)       T H A T a similar exercise to that undertaken in Autumn 2006 and Spring 2007 be carried out in the late Summer / Autumn 2007 with a view to completing a regular PI survey every year to supplement the Spring 5% return and to moving towards incorporation into Action 10 of the ROWIP which sought a 10% annual sample survey.

 

(2)       T H A T volunteers to undertake the survey be asked to forward their names to the PROW Section.                               

 

 

(i)            Countryside Council for Wales / Welsh Assembly Government Work Plans for 2007/08 -

 

CCW and WAG anticipated that they would refer the following matters to LAFs during the year although they had made the point that the list was for guidance only and might change to reflect work priorities. 

 

AGREED – T H A T the list as shown below be included in the Forum’s Annual Report 2006/07 as reflecting its programme for 2007/08 onwards:

 

 

 

 

(j)         Local Access Forum Annual Report 2006/07 -

 

The content of the Annual Report was commended and would, following suggestions from the floor, be enhanced by the inclusion of suitable photographs prior to its publication.  Members were requested to submit any further suggested amendments to the text by 11^th May, 2007.  The final document would be made available on the Council’s website and in hard copy at the Council’s offices.  Copies would also be sent to all Town and Community Councils.

 

AGREED - T H A T the draft Annual Report be endorsed for publication.

 

 

(k)        Dates of future meetings -

 

AGREED - T H A T meetings be held as follows (all meetings to commence at 18:00):

 

19^th September, 2007

16^th January, 2008

14^th May, 2008.

 

 

(l)            Publications -

 

Mr. Custance provided copies of a book published by the South Wales Mountaineering Club – which contained references to climbs in the Bridgend area – for members’ perusal.

 

Mrs. March drew attention to a recently published book entitled “Penllyn” which had been produced by the villagers themselves.

 

 

(m)      Frank Coleman -

 

The Chairman referred to the imminent retirement of Mr. Coleman and to his tireless work on behalf of the LAF.  Members on the LAF joined the Chairman in wishing him a happy, healthy and long retirement.

 

 

____________________

 

 

RESOLVED – T H A T the minutes be noted.

 

Reason for decision

 

To receive the views of the Local Access Forum.

 

 

 

C3045                        LAND AT RHOOSE POINT: PLANNING, HIGHWAYS AND DRAINAGE ISSUES – CURRENT POSITION (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

By way of background to the above, it was explained that Outline Planning Permission had been granted for the Rhoose Point development in March 1996 following the resolution to grant planning permission in July 1994.  That planning permission (93/01186/OUT) had been subject to a Section 106 Legal Agreement entered into between Blue Circle Industries Plc and the former Vale of Glamorgan Borough Council.  The report then outlined the relevant planning history subsequent to the granting of outline planning permission.

 

The report then focused in turn on the following specific matters and the current position in relation thereto:

 

(a)            Planning and Section 106 issues

 

(b)            Highway Adoption issues

 

(c)            Drainage issues

 

(d)            Advanced Payment Code (APC)

 

(e)       The Rhoose Point development

 

(f)         The current position regarding Highways Adoption and Drainage

 

(g)       Other relevant issues.

 

As regards the Planning Section 106 issues, it was noted that the following issues remained unresolved:

 

·                    the transfer of a Nature Reserve and payment of £20k. to the Council for the provision of an Interpretation Centre

·                    the transfer of a playing field and £50k. to the Council as a contribution to the provision of changing rooms on the said new field

·                    the conclusion and adoption by the Council of the playing areas within each housing zone

·                    the provision of a financial contribution for bus diversions into the site.

 

It was noted, however, that all the above matters were currently being progressed through frequent and regular discussions between Council officers and representatives of Cofton.  The position relating to highway adoption issues and the ACP were then outlined.  As Highway Authority, the Council had six weeks following the passing of plans under building regulations to serve notice on the person depositing the plans requiring the payment of the necessary sum under the APC.  It was explained that there were a number of ways of satisfying the APC, one of which would be if a Section 38 Agreement had been entered into (not simply being under discussion).  The Authority could dictate the terms of the Agreement but, if terms could not be agreed, there was provision under Section 37 of the Highways Act for the owner of a road to serve notice on the Authority asking it to adopt.  As regards drainage issues, delays in completing the Water Act Agreement would lead to a delay in the Section 38 Agreement being completed with dwellings being sold before either Agreement had been completed.  At common law, responsibility for the highway would then rest with the frontagers who were deemed to own the highway fronting their property up to the midline of the road.  Liability was for completing and maintaining the highway and for any member of the public who injured themselves as a result of any defect in the road surface, and that was where the APC was relevant.  The APC provided that before new buildings were erected in private streets, a sum equal to the cost of making up the streets should be paid to the Local Authority or a bond or other security given for it.  It also provided that when a development had reached a certain stage, frontagers were able to require the Highway Authority to carry out the street works and adopt the street if that had not already happened or if there was no Section 38 in place.  It was noted that the APC Notice had already been prepared together with a draft bond and served on the applicant.

 

In summary, it was explained that where problems had arisen in the past (for not only this Council but others) was when the terms of the Section 38 Agreement were being negotiated, the APC Notice had been served but not complied with and the developers had commenced building works in the meantime.  In the case of Rhoose Point the development commenced around the time when the Authority still had drainage functions as agents for WWA.  However, responsibilities for drainage adoption and the Water Act Agreement transferred to Welsh Water (WW) on commencement of the development.  Cofton’s Solicitors had advised the Council that the Water Agreement (between WW and Cofton) had been engrossed and was awaiting completion.  Officers had been informed by Cofton that there were currently two issues preventing WW/Dwr Cymru from accepting the foul and surface water drainage systems for adoption, namely the possibility of land drainage entering the surface water systems with potential to overload the surface water systems; and responsibility for the ponds which would form part of the Nature Reserve and concerns that the ponds should be the responsibility of the Council.  In addition, there were a number of minor technical highway matters to be resolved prior to the Council being able to adopt the Rhoose Point highway system.

 

Another important issue raised by residents had been the presence of a carrier drain which ran immediately adjacent to the railway embankment and abutted the designated employment site and was also situated within the curtilage of various properties.  Whilst the said drain did not have the benefit of planning permission, the Council had taken the decision previously that the pursuit of formal action was not expedient.  The Council was, however, mindful that it had a role to play in securing improvements and resolutions to the perceived problems caused by the carrier drain as follows:

 

·                    through the careful planning and handling of drainage matters as they related to land north of the railway line;

·                    through the negotiations with Cofton as part of the consideration of planning application 2006/01807/OUT for the development of the employment site.

 

Disappointment was expressed at the pace of progress, attributable in the main to delays in responses from both Cofton Limited and Welsh Water, although assurances had now been received from both the above that the necessary information would be provided in the near future.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the report be noted and the action taken to date by officers in resolving outstanding issues relating to Rhoose Point be endorsed.

 

(2)       T H A T, given Cabinet‘s considerable concerns at the significant matters outstanding, Cofton Limited be strongly urged to resolve  those issues  with the utmost urgency.

 

(3)       T H A T a further detailed report on progress on Rhoose Point issues be submitted to Cabinet  as soon as possible.

 

(4)       T H A T the report be referred to the Scrutiny Committee (Economy and Environment) and to the Planning Committee for information purposes.

 

(5)       T H A T representatives from Cofton Limited be invited to meet with Cabinet in an effort to resolve matters.

 

Reasons for decisions

 

(1)       To apprise Cabinet of the current position relating to various issues at Rhoose Point.

 

(2)       To seek an early and urgent resolution to matters outstanding at Rhoose Point.

 

(3)       To receive a regular update on progress in resolving issues relating to Rhoose Point.

 

(4)       To advise Scrutiny Committee and Planning Committee of progress.

 

(5)       To expedite progress.

 

 

C3046                        BIODIVERSITY IMPROVEMENT INITIATIVES (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

One of the key roles set out in the Council’s Corporate Plan was conserving and enhancing the environment and a strategic priority within the Community Strategy was the protection and enhancement of the biodiversity of the Vale.  The Council had appointed its first Ecologist in April 2002 and, due to an increasing workload mainly resulting from planning related statutory ecological work, an Assistant Ecologist had been appointed in 2005.  Given that staff within the Ecology Team had been fully committed to existing projects and statutory duties, significant biodiversity improvements to ensure that the Council achieved its objectives could only be undertaken with the help of additional resources – a situation recognised when £100k. had been allocated for projects that encouraged biodiversity (Minute No. C2273).   The funds had been made available in July 2006 and, since that date, a number of biodiversity improvement initiatives had been implemented, as outlined in the appendix to the report.  That list was based on the original list of proposed Biodiversity Improvement Initiatives as approved at Cabinet in March, 2006.

 

The appointment of a temporary Biodiversity Improvement Assistant had initiated the promotion and facilitation of the introduction of practical biodiversity improvements with community involvement and benefit across the wider Vale.  It had enabled the production of a series of guidance leaflets on wildlife habitat creation to facilitate practical biodiversity improvement measures on school grounds and Town / Community Council controlled land.  Other examples of biodiversity improvement initiatives completed or scheduled for imminent completion included the River Thaw Water Vole project and Alun Valley High Brown Fritillary Butterfly projects; the South East Wales Biological Records Centre pilot project to enable the provision of essential ecological data to assist in the assessment of development control applications, forward planning proposals and to respond to external data requests;  the Leckwith Woods management project; and the preparation of a Management Plan for Porthkerry Country Park.  Attention was also drawn to the fact that the National Assembly for Wales was encouraging local authorities to become members of the Partnership for Action Against Wildlife Crime (PAW), a multi-agency body comprising representatives from all the organisations involved in wildlife law enforcement in the UK, providing opportunities for statutory and non-government organisations to work together to combat wildlife crime with the main object of promoting the enforcement of wildlife conservation legislation.  Since the Council’s officers already worked closely with the South Wales Constabulary Wildlife dedicated officers, becoming a member of PAW was seen as formalising existing arrangements.  It was also noted that membership of PAW has no cost implications for the Council.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the progress on the programme of Biodiversity Improvement Initiatives to date and the continuation of those Initiatives in 2008/09 be endorsed.

 

(2)       T H A T the Council join the Partnership for Action Against Wildlife Crime (PAW).

 

Reasons for decisions

 

(1)       To ensure that Cabinet is fully apprised on all issues relating to the Biodiversity Improvement Initiatives allocation.

 

(2)              To seek approval from Cabinet for the Council to join the PAW.

 

 

C3047                        LAND TO THE NORTH OF THE RAILWAY LINE, RHOOSE – DRAFT DEVELOPMENT BRIEF: RESULTS OF PUBLIC CONSULTATION EXERCISE (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Cabinet had previously authorised the release of the Brief for extensive and in-depth public consultation purposes in May 2006.  A six week consultation period was subsequently undertaken culminating in September 2006.  Cabinet had declined to consider the report on the result of the consultation exercise in December 2006 in order to undertake a site visit and to investigate the issues further.   That site visit had taken place in March 2007.

 

As regards the results of the consultation exercise, the majority of comments had been made by local residents with responses being received also from the following organisations:

 

·                    Dwr Cymru/Welsh Water;

·                    Environment Agency;

·                    Countryside Council for Wales;

·                    Glamorgan Gwent Archaeological Trust;

·                    Network Rail;

·                    Sustrans;

·                    Cadarn Housing Group;

·                    White Young Green on behalf of the WAG, Bellway Plc and Persimmon Homes (Wales Ltd); and

·                    Hepher Dixon on behalf of Cofton Ltd.

 

A table containing details of the comments, the Council’s response and proposed changes to the draft Development Brief had been placed in the Members’ Room and an amended version of the Brief had been circulated under separate cover.  In addition to the specific questions on the draft Development Brief which had been asked as part of the consultation process the final question on the comment form invited additional remarks.  Those remarks included:

 

·                    loss of a green field site;

·                    doubts of the need for additional housing;

·                    claims that bats existed on the site;

·                    developable area shown on indicative master plan in Appendix 7 should have reflected housing allocation identified in the adopted UDP;

·                    Section 106 contributions should be used to pay for promised facilities on Rhoose Point;

·                    existing school site too small and a new school should be provided on the development;

·                    new footbridge required at existing level crossing;

·                    exacerbation of existing sewage and drainage problems on Rhoose Point;

·                    need for more on-site affordable housing provision;

·                    increased pressure on local infrastructure and amenities.

 

Attention was drawn to the fact that the consultation had evidenced the fact that many people felt unhappy about the non-delivery of community facilities and infrastructure problems at Rhoose Point and, whilst it was accepted that that was clearly a separate issue from the draft Development Brief, it did highlight the importance of appropriate Section 106 requirements on the site and the need for clarification on infrastructure with relevant statutory bodies.

 

As referred to above, an amended Development Brief had been circulated under separate cover.  For ease of reference, the main changes made to the Brief included:

 

·                    Additional reference to UDP Policies ENV24, ENV17 and ENV20 in Section 2 and Appendix 2 of the Brief;

·                    Reference to the Sustainable Development SPG and the Public Art SPG within various sections of the Brief;

·                    Increased emphasis on sustainability cross referenced to Strategic Policy 2 of the UDP in Section 2 of the Brief;

·                    An amendment to the drainage and utility services Section (4.3) to clarify the position of Dwr Cymru/Welsh Water requiring improvements to the foul sewerage and water supply systems, as well as the comments on the Environment Agency;

·                    An update to Section 3 which dealt with assessment of the site in ecological terms to reflect the comments of the Environment Agency and Countryside Council for Wales.  In addition, in Section 3.6 the Environment Agency had clarified that the site was located on a minor and not a major aquifer.  Additional comments relating to protected species had also been added;

·                    Section 6 amended to reflect the comments of the Environment Agency by the addition of the need for an assessment of historical land use and the potential for contamination of the site, such assessment to form part of any submission;

·                    The site boundary for the Development Brief amended to be co-terminus with adopted UDP allocation;

·                    Additional references and the need to improve access links between the site and land to the South of the railway line within Section 4 and 6 of the Brief;

·                    The Brief amended in Section 3 to reflect studies and surveys already undertaken in respect of ecological matters relating to the site;

·                    Insert cross reference to Appendices 4 and 5 in paragraph 5.3 which referred to key views out and into the site;

·                    Clarification in paragraph 4.6 to define the role of the emergency access off Porthkerry Road.

 

A further point to be noted was that whilst many of the responses considered that the Brief did not go far enough in requesting community benefits as part of the development, the developer’s agent was of the view that the requests were over onerous.  Attention was also drawn to the fact that the Inspector had allocated the site for residential purposes rather than mixed use development.  It was clear, therefore, that a balance needed to be struck when seeking community benefits.

 

This was a matter for Executive decision.

 

RESOLVED –  T H A T, subject to consultation with the Planning Committee and the Scrutiny Committee (Economy and Environment)

 

(1)       The Council’s response to the representations and changes to the draft Development Brief, as appended to the report, be approved and the document amended accordingly.

 

(2)       The amended Development Brief be approved.

 

(3)       The amended Development Brief be made available to interested parties free of charge and be made available on the Council Web Site.

 

(4)            Persons / organisations making representations on the Draft Development Brief be advised of the availability of the final document.

 

Reasons for decisions

 

(1)       To approve the Council’s responses and changes to the draft Development Brief.

 

(2)       To ensure that it is a material consideration in the determination of any planning application and / or appeal on the site.

 

(3)       To make the final document generally available.

 

(4)       To update persons / organisations on the latest position on the Development Brief.

 

 

C3048                        VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN (LDP) – SUSTAINABILITY APPRAISAL DRAFT SCOPING REPORT – RESULTS OF PUBLIC CONSULTATION (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

As part of the LDP preparation, the Council was required to undertake a Sustainability Appraisal (SA) of the Plan incorporating Strategic Environmental Assessment (SEA) in accordance with the Environmental Assessment of Plans (Wales) Regulations 2004.  The first stage in that process had been the preparation of a Scoping Report, and the draft Scoping Report had been placed on deposit for public consultation during February and March 2007.  The Council had employed specialist consultants Hyder Consulting to assist and provide expert assistance in respect of the SA.  To help formulate responses to the consultation, a proforma had been issued on which responses and comments were to be provided and, during the five week consultation period, 22 comments had been received from a range of individuals and agencies including comment from the Countryside Council for Wales and the Environment Agency.  Comments from two individuals had also been received after the consultation deadline.  The comments received together with the Council’s response had been appended to the report.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T, subject to consideration by the Planning Committee and the Scrutiny Committee (Economy and Environment):

 

(1)       The proposed amendments to the Sustainability Appraisal Draft Scoping Report resulting from the formal public consultation as detailed at Appendix 1 to the report be approved.

 

(2)       The revised Sustainability Appraisal be placed in relevant Council Offices and Libraries and on the Council’s website for public information.

 

Reasons for decisions

 

(1)       To inform members of the comments made in respect of the draft Sustainability Appraisal Scoping Report and the Council’s response, and to adopt the Scoping Report.

 

(2)       To enable stakeholders to obtain copies of the document in order to make comments.

 

 

C3049                        BARRY ISLAND AND RIVERMOUTH (OGMORE-BY-SEA) CAR PARKS (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

The current charge for the present season was £3.50 per visit at each of the above car parks collected manually.  Pay and display machines would be utilised in the near future which would assist in maximising income and reducing the operational difficulties of continuing the current practice of collecting the fees manually and managing the car parks.  The introduction of the pay and display would facilitate variations in the fee payable per visit and a proposed scale of fees was appended to the report.  It was considered that the proposed scale of fees would be fairer and prove a boost to the local economy and assist the Council to tackle unsociable behaviour in car parks outside of the present charging and managed time scales.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the scale of fees for car parking at Harbour Road, Barry Island, and Rivermouth, Ogmore-by-Sea, as appended to the report, be approved.

 

Reason for decision

 

To manage efficiently and effectively the above car parks.

 

 

C3050                        LAND AT TYN-Y-PLANCA, HENSOL (DFICTP) (SCRUTINY – CORPORATE RESOURCES) –

 

Progress in connection with ongoing negotiations between this Council and the Vale of Glamorgan Hotel Ltd. (VOGH) for the use of land at Hensol as a Welsh Rugby Union / Football Association of Wales Centre of Excellence was presented, and approval sought to withdraw from negotiations with the VOGH in respect of the proposed lease (Minute No. C2137).

 

Whilst the negotiation for Heads of Terms of the proposed lease had been taken as far as possible at the present moment, a number of other material factors needed to be considered before progressing with the disposal of the land – specifically, improved surface access from the M4 motorway to the Airport and the new Defence Training Academy at St Athan.  It was considered, therefore, premature at the present moment to enter into negotiations concerning the disposal of Council owned land at Tyn-y-Planca but entirely relevant that the Council as Local Planning Authority enter into discussions with the VOGH to consider the merits of other opportunities which might exist for the provision of a Centre of Excellence.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Council owned land at Tyn-y-Planca, Hensol be retained by the Council for Strategic Asset Management reasons and that the Council withdraw from negotiations with the Vale of Glamorgan Hotel as a result.

 

(2)       T H A T the Vale of Glamorgan Hotel Ltd. be advised of the above resolution.

 

(3)       T H A T the Head of Planning and Transportation be authorised to enter into discussions with the VOGH on other options which might be available to deliver a Wales Centre of Excellence at the Vale of Glamorgan Hotel.

 

Reasons for decisions

 

(1)       In order that the Council can be in control of this strategic site in light of the Metrix development at St Athan.

 

(2)       To ensure that the applicants are advised in a timely fashion of the Cabinet decision.

 

(3)       To allow full consideration of available options that may be available.

 

C3051                        ANIMAL WELFARE ACT 2006 (DLPPHS) (SCRUTINY – CORPORATE RESOURCES) –

 

The Animal Welfare Act 2006 came into force on 29^th March, 2007 in Wales, consolidating much existing animal health and welfare legislation and providing new powers to deal with animal welfare matters by bringing together more than 20 pieces of animal welfare legislation relating to farmed and non-farmed animals.  The Act:

 

·                    introduced a “duty of care” on people to ensure the needs of any animal for which they were responsible were met;

·                    created a new offence of failing to provide for the needs of animals in their care;

·                    allowed action to protect animals to be taken much earlier – e.g. enforcers would be able to intervene before suffering began;

·                    placed more emphasis on owners and keepers who would need to understand their responsibilities and take all reasonable steps to provide for the needs of their animals.

 

The Act placed specific responsibilities on owners and keepers of animals to ensure that the welfare needs of their animals were met, including the need:

 

·                    for a suitable environment (place to live);

·                    for a suitable diet;

·                    to exhibit normal behaviour patterns;

·                    to be housed with, or apart from, other animals (if applicable);

·                    to be protected from pain, injury, suffering and disease.

 

The new law also increased to 16 the minimum age at which a person could buy an animal and prohibited the giving of animals as prizes to unaccompanied children under that age.  The Act made the docking of dogs’ tails an offence except in respect of working dogs of certain breeds.  In addition, the Act provided for new secondary legislation, some of which replaced existing laws and some of which might regulate new types of business.  New responsibilities were expected to be resourced by way of locally levied licence fees.  The Act applied to animal health and welfare issues on farms, in licensed animal establishments and also dealt with more general animal welfare matters such as the keeping of pets in domestic premises.  The Act created new offences and provided officers with additional powers, such powers including:

 

·                    emergency powers in relation to animals in distress;

·                    powers of entry and inspection including the power to seize documents;

·                    prosecution powers;

·                    power to serve Improvement Notices.

 

For Local Authorities, the key new power was to enforce the duty of care placed on owners and keepers of animals and the ability to deal with behaviour likely to cause unnecessary suffering rather than having to wait until evidence could be shown that animals had already suffered.  Whilst the Act introduced new powers for local authority officers, it was noted that there was no obligation on local authorities to use those powers.  There was also provision in the Act for the WAG to issue codes of practice and make regulations in respect of the licensing and registration of animals which could result in licensing and registration becoming the duty of local authorities.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)              T H A T the new provisions and implications of the Animal Welfare Act 2006 be noted.

 

(2)              T H A T the Director of Legal, Public Protection and Housing Services be granted delegated power to enforce and authorise appropriately trained and competent officers to enforce the provisions of the Animal Welfare Act and Regulations made under it.

 

Reasons for decisions

 

(1&2)  To inform members and ensure officers are appropriately authorised under the Animal Welfare Act 2006.

 

 

C3052                        DIRECTORATE OFFICER STRUCTURE (DLPPHS) (SCRUTINY – CORPORATE RESOURCES) –

 

Consideration was given to proposed changes to staffing structures in the Housing and Community Safety and Public Protection departments to improve service delivery, including arrangements to address the housing investment programme.  The existing Chief Officer structure within the Directorate was appended to the report.  It was noted that, currently, the Operational Manager Private Sector Housing was acting up as Head of Service for Housing and Community Safety.  It was now considered essential that the Head of Housing Services devote his or her whole time in focusing attention of the major issues of the housing investment programme and developing and improving housing policies, particularly homelessness.  Accordingly, it was proposed that the Head of Service post be filled on a permanent basis, the post to be advertised internally and externally to ensure that the post holder would possess the highest possible skills and experience to deliver the Council’s aims and objectives in the housing arena successfully.  Further, it was considered that the Private Sector Housing section, with much of its work more associated with the Environmental Health function, would be better placed within a new Public Protection department to provide a more integrated service.  The new Public Protection department would comprise of the current Regulatory Services team, Private Sector Housing, Community Safety, and both Emergency Planning and the Coroner’s service, (the latter two of which currently reported directly to the Director), with the department being managed by a new Head of Service.  It was recommended that the applications for the post of Head of Service be ringfenced to the Operational Manager Regulatory Services and the Operational Manager Private Sector Housing with the Operational Manager post vacated by the successful candidate being deleted from the establishment.  The remaining Operational Manager post would then be re-designated Operational Manager Public Protection. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the post of Head of Housing Services be advertised both internally and externally and filled.

 

(2)       T H A T the Private Sector Housing section merge with the Regulatory Services function to form an integrated Public Protection department.

 

(3)       T H A T the post of Head of Public Protection be created,  and advertised internally with applications restricted to the two Operational Manager postholders identified in the report.

 

(4)       T H A T the Operational Manager post vacated by the successful applicant be deleted from the establishment and the remaining post re-designated Operational Manager Public Protection.

 

(5)       T H A T job descriptions and person specifications for both Heads of Service posts be finalised in conjunction with the Head of Human Resources and Equalities.

 

(6)       T H A T the Senior Management Appointment Panel be convened.

 

Reasons for decisions

 

(1)       To enable the major housing issues facing the Council to be addressed.

 

(2)       To provide a more efficient and integrated Public Protection service.

 

(3)       To address service issues and give a higher profile to the Community Safety function.

 

(4)       To assist in the funding of the Head of Public Protection post.

 

(5&6)  To facilitate the appointments procedure.

 

 

C3053                        PUBLIC PROTECTION – PROPOSED FEES AND CHARGES (DLPPHS) (SCRUTINY – CORPORATE RESOURCES) –

 

Consideration was given to the proposals for increases in fees and charges in respect of those functions managed by Public Protection which were the responsibility of the Council’s Executive.  The proposals for the financial year 2007/08 were appended to the report and had been drawn up to meet the cost of inflation and national pay awards as well as more accurately reflecting the costs of delivery the services.  Due to the discretionary nature of domestic pest control and the need to achieve a balanced budget, it was noted that the fees and charges in respect of pest control would be subject to a separate report.

 

RESOLVED – T H A T the schedule of fees and charges as appended to the report be approved and implemented with effect from 1^st July, 2007.

 

Reason for decision

 

To ensure fees are in line with inflation, statutory requirements and reflect more accurately the actual cost of providing certain services.

 

 

C3054                        SOCIAL SERVICES CHANGE PLAN 2007-10 (IDSS) (SCRUTINY – COMMUNITY WELLBEING AND SAFETY) –

 

The Social Services Change Plan was appended to the report and agreement sought for the objectives and actions as contained therein.  Some of the actions described in the Plan were already underway and, as improvements were rolled out, other actions would be included.  The Plan would be regularly and routinely updated and the outcomes made public.  There were four key themes namely, Leadership, Budget, Performance and Quality.  The services would have to be delivered within the budget allocation and the performance of all the services  improved.  At the same time, there was a need to ensure that every contact and intervention with the people utilising the services was of the standard that the Council would wish and expect.  It was recognised that the Social Services Directorate could not deliver the Plan in isolation and there would be very close working with other Council services as well as partner organisations in order to achieve the required outcomes.  As such, responsibility for the Plan and its implementation was very much a corporate issue.  That work had already commenced.  One of the key objectives in the Plan was to address the causes of overspending and enable the Directorate to make the savings and efficiencies in the way it operated whilst still providing services to the residents of the Vale of Glamorgan.  Every attempt would be made to ensure that the staff establishment would be maintained within the budget allocation in order to drive forward the improvements needed. The Change Plan had been reported to the Scrutiny Committees (Community Wellbeing and Safety) and (Corporate Resources) prior to its submission to Cabinet.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the  Social Services Change Plan as appended to the report be endorsed.

 

(2)       T H A T regular progress reports be presented to both Cabinet and the Scrutiny Committee (Corporate Resources).

 

(3)       T H A T the staff involved in drawing up the Change Plan in the limited timescale allowed be congratulated on their efforts.

 

Reason for decision

 

(1)       To endorse the work to date.

 

(2)       To keep Cabinet and the Scrutiny Committees apprised of progress.

 

(3)       To recognise the efforts of staff.

 

 

C3055                        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 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.

 

 

C3056                        DYFFRYN GARDENS: LAND EXCHANGE (CX) (SCRUTINY – CORPORATE RESOURCES) (EXEMPT INFORMATION – PARAGRAPH 14) –

 

Details were presented of discussions which had taken place with regard to the proposed land exchange to the estate areas of Dyffryn Gardens and approval sought to withdraw from land exchange negotiations.  It was reported that the land north of the Gardens contributed little to the Estate as a whole and, therefore, the opportunities for raising income were limited.  Whilst discussions had continued with the landlord in respect of the land along the western boundary, additional costs had now been identified and it was proposed that the land exchange be not now proceeded with.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the proposals for land exchange be withdrawn.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services notify the landowner accordingly.

(3)       T H A T the Dyffryn Project manager, in conjunction with the Directors of Environmental and Economic Regeneration and Finance, ICT and Property investigate the opportunities for raising income from the field to the north of the Gardens, including the drawing up of grazing Licences as appropriate.

 

 

 

Reasons for decisions

 

(1)       To minimise capital expenditure to the Council.

 

(2)       To conclude the now lengthy negotiations formally.

 

(3)       To enable officers to proceed with proposals to maximise income.

 

 

C3057                        APPLICATIONS FOR LOCAL TAX RELIEF (DFICTP) (SCRUTINY – CORPORATE RESOURCES) (EXEMPT INFORMATION – PARAGRAPHS 12, 13 AND 14) –

 

Consideration was given to the applications for relief from rates and Council tax received from those charitable and other organisations or individuals as contained in the appendix to the report. 

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the following applications be determined as indicated below:

 

·                    Ty Hafan – Appeals Office, St Hilary Court, Vale Gate Business Park – 80% mandatory 20% discretionary.

·                    Royal British Legion Cowbridge Branch – premises at the rear of the Town Hall –  application deferred for further information.

·                    Mr. D.M. – t/a Lok’s Kitchen Chinese Food Take Away – The Green, St Athan – application for hardship relief not granted.

·                    Dr. A.C.M. – application for remission of council tax granted for three months, the position to be reviewed thereafter.

·                    Peak Performance (South Wales) Ltd. – warehouse and premises at Unit 10, Penllyne Way, Vale Business Park, Llandow – application for hardship relief not granted.

 

Reason for decision

 

All applications have to be considered individually.

 

 

C3058                        LEARNING DISABILITY SUPPORTED ACCOMMODATION  (IDSS) (SCRUTINY – COMMUNITY WELLBEING AND SAFETY) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) –

 

The process undertaken with regard to the future provision of the above service was outlined and a short list of preferred providers had been drawn up.  The service had been subject to a re-tendering exercise to achieve:

 

·                    a cost effective provision of services locally;

·                    a review of service provision to ensure that it appropriately met the needs of individuals;

·                    a sound contracting basis upon which services could be monitored against agreed costs and quality standards;

·                    a smaller number of providers resulting in economies of scale for providers and streamlined service and contact monitoring arrangements for the Council.

 

Tenders had been returned by 5^th January, 2007 and, following evaluation, four organisations had been identified as preferred providers.  It was noted that the evaluation process involved assessments of both the cost and quality of provision and that the preferred providers might not, therefore, have submitted the most economically advantageous cost submission.  An exemption from Standing Order 6.3.1 was therefore required.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the action being taken to identify efficiency savings within the Social Services budget be noted.

 

(2)       T H A T the four top providers from the evaluation be agreed as the preferred providers for the provision of Supported Accommodation with the Vale of Glamorgan, subject to further negotiation.

 

(3)       T H A T the Chief Executive, in consultation with the Director of Finance, ICT and Property Services, the Cabinet Member for Social and Care Services and the Deputy Leader of Council, be granted delegated authority to award contracts following the satisfactory conclusion of negotiations.

 

(4)       T H A T an exemption from Standing Order 6.3.1 be approved.

 

Reasons for decisions

 

(1, 2 & 3)            To ensure the continuation of quality services to adults with a physical and / or learning disability.

 

(4)       To approve an exemption from Standing Orders.