CABINET
MINUTES of a meeting held on 11th
June, 2008.
Present: Councillor G.C. Kemp
(Chairman), Councillor T.H. Jarvie (Vice-Chairman); Councillors
Mrs. J.E. Charles, P. Church, G.A. Cox, A.M. Ernest,
A.D. Hampton, H.W.J. James and Mrs. D.M. Turner.
Also present: Councillor N. Moore.
C22 APOLOGY
FOR ABSENCE -
This was received from Councillor R.L.
Traherne.
C23 MINUTES
-
RESOLVED - T H A T the minutes of the meeting
held on 28th May, 2008 be approved as a correct record
subject to the initials attributed to Cllr. Ernest (as one of the
Council’s appointments to the South Wales Fire Authority) being
amended to read “A.M.” (Minute No. C8).
C24
DECLARATIONS OF INTEREST -
No declarations were received.
C25 CABINET
SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) -
The following minutes of a meeting held on
21st April, 2008 were submitted:
“Present: Councillor G. John
(Chairman); Councillor C.J. Williams (Vice-Chairman) and Councillor
Mrs. M. Randall.
In attendance: Councillors Mrs.
J.E. Charles, A.D. Hampton and E.T. Williams.
(a)
Apologies for absence -
These were received from Councillor
R.F. Curtis.
(b)
Minutes -
The minutes of the meeting held on
17th March 2008 were approved as an accurate
record.
(c) Declarations
of Interest -
No declarations were received.
(d)
Definitive Map - Section 53 Wildlife and Countryside Act 1981
Application to Change the Status of 2 Public Footpaths on the
Definitive Map at Cwm Ciddy, Barry (DEER) -
The meeting had been convened in order to
consider an application to change the status of two Public
Footpaths at Cwm Ciddy, Barry.
Prior to the commencement of formal
business, the Chairman outlined the procedure that would be
followed during the meeting.
The Chairman referred to correspondence
received by him that morning which the Applicant had just been
shown, and read the contents:
“I write with information that I think is
highly relevant, even at this late stage, to this meeting and
application by Mrs. Claire Williams.
Put shortly, the disparity between OB9
& AP35, both apparently signed by Angela Fulgoni-Williams,
seemed so extreme that I telephoned her on Friday afternoon
(18th April 2008).
She informed me that she had
not written nor signed the new evidence form (AP35) and knew
nothing about it – the only mutual conclusion made that it was in
fact forged.
We were both pressed for time and were
unable to contact the Council Offices on Saturday. This is my
first opportunity to bring this matter to your attention.
Angela Fulgoni-Williams can be contacted at Knights Estate Agents
Barry 722899 or 700222 for verification.
Even though Chris Jones-Jenkins’ report
discounts the value of AP35 (because unable to contact her and she
says no-one has tried to contact her) I feel this news is
absolutely relevant to the value and veracity of
Mrs C Williams’ application: see her recent letter to the
Council of 10th April, Para 6, where the application has
quoted Ap35 (& Mrs Roberts) as part of her evidence of the
absence of locks, private-signs & specific permission,
whereas in OP9 Angela F. Williams confirms the presence of
locks, signs and specific permission.
Even if this news makes no difference to
Chris Jones-Jenkins report, I ask please that it be put on record
in case of an appeal.
Yours sincerely,
Mrs A.M. Barton.”
The Chairman assured those present that
the contents of the letter would be borne in mind when the
Sub-Committee made its decision.
The meeting had been convened to consider
an application to change the status of three public footpaths at
Cwm Ciddy, Barry.
An application had been made under Section
53 of the Wildlife and Countryside Act 1981 by Mrs. Claire
Williams, dated 16th March 2006. The application
sought to change the status from footpath to bridleway of three
public rights of way (No. 8 Porthkerry, No. 27 Barry and No. 28
Barry), comprising a single route. A copy of the application
was attached to the report as Appendix A.
The public rights of way follow the course
of Cwm Ciddy Lane from Port Road to the tarmaced road through
Porthkerry Park.
The application affected three
landowners:
·
The M.A. Hardy Trust, New Farm, Port Road owned the northern
section of the route. Mr. Hardy, a Trustee, had confirmed
that this landowner had no objection to the change of status
subject to a number of caveats.
·
Mrs. Barton, Cwm Ciddy House, Porthkerry, owned the middle
section. This landowner objected to the application.
The evidence accompanying this objection was attached as Appendix B
to the report.
·
The Vale of Glamorgan Council - Porthkerry Park owned the
southern section. Mr. S. Latham, Country Parks and Commons
Manager had lodged an objection. The evidence accompanying
this objection was attached at Appendix C to the report.
An application to upgrade these footpaths
to bridleway status was made in 1992 by Mr. P.J. Clarke and Ms. A.
Biltcliffe. On 26th February 1996, the Highway and
Transportation Service Committee - Rights of Way Sub-Committee,
South Glamorgan County Council resolved to dismiss the
application. The applicants appealed to the Welsh Office in
May 1997 and that original decision was upheld.
Evidence supplied for the current
application by both the Applicant and the main objector included
photocopies of evidence previously submitted for the earlier
application.
In 1999 an application was made by Mrs.
Amelia R.C. Hunt to change the status of the rights of way from
footpaths to bridleways. The application did not progress as
far as the Highway Authority making a decision, before the demise
of Mrs. Hunt.
The present application had been made
under Section 53(5) of the Wildlife and Countryside Act 1981 which
enabled any person to apply to the surveying authority for a
Modification Order to be made as respects “evidential events” that
have occurred.
The specific event that formed the grounds
for this particular application fell under Section 53(3)(b) of the
Wildlife and Countryside Act - that a period had expired such that
the enjoyment by the public of the way on horseback during that
period raised a presumption that the way had been dedicated as a
public bridleway.
Section 31(1) of the Highways Act 1980
specified the period for such enjoyment as 20 years. The
period for this application was from 1950 to 1970.
Section 31(2) stated that the period was
to be calculated retrospectively from the date when the right of
the public to use the way was brought into question whether by
notice or otherwise. A date had been suggested but no
evidence of the bringing into question on that date had been
submitted.
The Sub-Committee were advised that should
it decide that the evidence provided did not fulfil the
requirements of the Highways Act 1980 the provisions of the Act did
not supersede the principles of Common Law. Thus, for
example, if there was no evidence of an act that brought the Right
of Way into question, or where the evidence was of use for a period
shorter than the 20 years required by the Highways Act, a claim may
be made under Common Law.
Common Law required the Applicant to
demonstrate that it could be inferred from the landowner’s conduct
that he was content that the route should be dedicated as a public
right of way. Use as a right was not itself necessarily
sufficient, as it was possible that the use was due to the
landowner’s tolerance rather than his intention to dedicate the
route. The more intensive and open the user and the more
compelling the evidence of knowledge and acquiescence of the
landowner, the shorter the period that would be necessary to raise
the inference of dedication.
Common Law required that for an inference
of dedication to be claimed the holder of the land must have been
capable of dedicating the way as public during the period the user
has relied upon. Tenants and trustees were not capable of
dedicating the way as public. Landowners must be in
possession of the land, if the land is leased to a tenant the
landowner will not be able to dedicate the route.
A judgement delivered on 20th
June 2007, on two cases (R. Godmanchester Town Council) v.
Secretary of State), known as Godmanchester and R. (Drain) v
S.o.S.), known as “Drain”) brought before the House of Lords
provides the most recent case notes concerning the nature of the
evidence which is sufficient to demonstrate that there was no
intention to dedicate a right of way. This evidence relates
to the evidence an objector would need to produce to show that
there was no intention to dedicate and the evidence an applicant
would need to provide to show that a right of way has been brought
into question (S.31 (2) Highways Act). A copy of case notes
produced by the Rights of Way Law Review following this judgement
was attached to the report as Appendix F.
The application before Members was
supported by:
·
46 Public Rights of Way Evidence Forms from members of the
public
·
A title page listing evidence supplied and its interpretation
by the Applicant. This document broke down the evidence into
8 headings.
Of the 46 statements, 23 claimed to have
ridden the route themselves. The overall period covered by
riders stretched from pre-1950 to post-1980.
12 witnesses were interviewed in person as
a representative cross-section of the 46 members of the public that
supported the claim through the completion of evidence
forms.
Overall the interviews did not contradict
the original statements. However, the following points did
arise during the interviews:
·
Statement No. AP13. Witness stated that there was a gate
on the way and positioned “as per map”, but when interviewed the
witness stated that there was no map when filling in the
forms.
·
Statement No. AP10. The witness stated that he had used
the route between 1956 and 1982 on horseback, but when interviewed
stated that he used the route on horseback until about 1962, and
afterwards by bicycle and by car.
·
Statement No. AP36. The witness stated that they used the
route between 1950 and 2005 on horseback, but when interviewed
stated that they used the route on horseback between 1949 and
1961.
·
Statement No. AP35. There was doubt as to the reliability
of this statement, the witness appearing to have also provided the
statement for the objector. Attempts had been made to contact
this witness without success and it was therefore felt that the
statement should not be taken into account when reviewing the
application.
Of particular interest were the four
statements from witnesses who lived or worked in the adjacent
properties. The period 1950 to 1970 was covered by the
statements, although no individual statement covered the whole
period. These witnesses stated that riders used the route as
a right.
Also relevant were the 11 statements that
claimed to have ridden the route after 1970. Of particular
importance was Statement No. AP46, as the witness when interviewed
remembered riding the route from 1946 until the 1970s, although
could not remember the exact year she stopped.
38 witnesses stated that they remembered
either a gate or gates along the route: five said they knew
the gate to have been locked -
one during the 1939-45 war;
two only recently c. 2005
one “gate locked when Bartons took over
the field”
one “gates tied up too much”.
The objection to the application by Mrs.
Barton, Cwm Ciddy House, was supported by:
·
27 public rights of way evidence forms from members of the
public
·
A statement dated 3rd March 2008 with 3 attached
appendices
·
A statement dated 4th March 1995
·
A conveyance for Cwm Ciddy House
·
A conveyance for the field to the north of Cwm Ciddy
House.
Of the 27 statements, 10 said that they or
their children rode the route but with permission, overall the
period covered by riders stretched from 1950 to post-
1990.
25 witnesses remembered gates:
1 remembered a kissing gate.
10 witnesses remembered the gates being
locked or “wired up”,
1 remembered this from their childhood
i.e. pre-1950, and
2 from post-1970.
24 witnesses remembered signs stating
“private”, “keep to path”, “please close the gate”.
Regarding Statement No. OB9. There
was doubt as to the reliability of the statement, the witness
appearing to have also produced a statement for the
Applicant. Officers had attempted to contact this witness but
had had no response. Therefore it was felt that the statement
could not be taken into account when reviewing the
application.
The objection to the application by Mr. S.
Latham, Country Parks and Commons Manager, was supported
by:
·
the Conveyance of Porthkerry Park to the Urban District Council
of Barry by the Trustees of the Romilly Estate and the Welsh Town
Planning and Housing Trust Limited 1929
·
Section 2(a) stated
“That the Council will forthwith fence off
with barbed wire and wood or concrete posts from adjacent land the
said hereditaments between the points marked respectively …..
Q and R ….. and will hereafter maintain the fences so
erected.”
When interviewed, Mr. Latham stated that
“to the best of my knowledge this duty was never
undertaken”.
As the application was based on a period
between 1950 and 1970 it was considered necessary to clarify the
ownership of the land at this time. As shown on Map 1
attached to the report:
·
The lane from Point A to C was held by the Romilly Estate until
1968, the estate was administered by Trustees and the land was
tenanted by the Lougher family. In 1968 the land was sold to
Mr. Robert Thomas. Mr. Thomas sold the section from Point B
to C to Mrs. Barton in 1970, and the section from A to B to M.A.
Hardy Trust in 1997.
·
The lane from Point C to D was held by the Romilly Estate until
1962 when the land was sold to Cleystone Properties then on to
Penmark Properties, before being bought by Mrs. Barton in
1964.
·
The lane from Point D to E was transferred from the Romilly
Estate to the local Council in 1929.
Mrs. Williams presented her case, and
called the following witnesses in support of the
applications:
-
Mr. Bernard Lougher
-
Mr. Allan Davies
-
Mrs. Judith Marsh
-
Mr. Jeffrey Stone
-
Mr. B. Moat
-
Mrs. Summerall
-
Mrs. B. Richards
-
Mr. Williams
-
Councillor J. Charles on behalf of the three Councillors
representing the Ward.
Mrs. Barton, assisted by Mr. Barton,
outlined their objections to the applications.
Mr. Latham proceeded to outline the
reasons for his objection to the applications.
Members of the Sub-Committee were offered
an opportunity to question the Applicant, objectors and witnesses
following which each party was invited to make brief closing
statements and closing remarks.
The Members then retired to consider the
application in private.
Sub-Committee
decision:
Having considered the report from the
Council’s Public Rights of Way Officer, the written and verbal
evidence provided by the Applicant, the objectors, Councillor
Charles who spoke on behalf of the three Ward members and the
witnesses for either side and for the Council, the
Sub-Committee
RESOLVED - not to make the modification
order to change the status of the Public Rights of Way and that the
Applicants and the objectors be notified accordingly.
Reason for decision
-
As set out in the Officer’s report, namely that the Applicant
had not provided sufficient evidence to satisfy the requirements of
Section 31 of the Highways Act 1980 to show 20 years use as a
right
-
No evidence of an Act bringing the Right of Way into question
had been submitted
-
The land was tenanted for the period 1950-1968 and was also
administered by Trustees
-
Neither Trustees nor tenants are capable of dedicating a way as
public right of way. The only period that the Sub-Committee
can therefore rightly consider is between 1968-1970 and the
Sub-Committee did not consider that there was sufficient evidence
to infer an intention to dedicate during this time.
The Sub-Committee advised that the
Applicant did of course have a right of appeal to the Welsh
Assembly Government.
Finally, the Sub-Committee wished to
commend all sides in this matter on the civilised manner in which
they gave their evidence at the meeting.”
___________
RESOLVED - T H A T the minutes be noted.
C26 CABINET
SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) -
The following minutes of a meeting held on
23rd April 2008 were submitted:
“Present: Councillor G. John
(Chairman); Councillor C.J. Williams (Vice-Chairman); Councillors
R.F. Curtis and Mrs. M. Randall.
(a)
Declarations of Interest -
No declarations were received.
(b)
Application for Public Path Diversion Order - No. 24 Marcross
(DEER) -
The sub-committee were advised of the
application for the diversion of part of Public Footpath No. 24
Marcross, and approval was sought for the making of the relevant
Diversion Order.
An application had been received from Mr.
and Mrs. N. Thomas of Ty Broc, Parc Farm, St. Donats, and related
to the path known as Public Footpath No. 24, Marcross, which ran
through the grounds of Ty Broc, and the yard of the former Parc
Farm.
The route of the proposed diversion was
shown on the map attached to the report.
It was proposed to divert a section of
Public Footpath No. 24 Marcross shown on the Definitive Map as
being tight to the western side of a former barn at the former Parc
Farm, St. Donats.
Planning permission had been granted for
the conversion of barns at Parc Farm to a bed and breakfast
establishment under planning consents 87/00670/OUT and
89/00130/RES. The planning consent was later sought and
granted on appeal under 92/00430/FUL for the change of use from a
B&B to a single dwelling. No application was made to
divert the path away from the garden of the barn conversion, now
known as Ty Broc.
At a later date, a permissive route was
informally created by Valeways at the request of the previous
owners of Ty Broc in order to take walkers away from the garden of
the dwelling due to the alignment of the Definitive Map path being
directly in front of the dwelling.
The dwelling had been sold recently and
the new owners wished to remove the permissive path and formally
divert the current Definitive Map path. For reasons of
increased security for Ty Broc and for the convenience and safety
of the users of the public path, it was proposed to divert the path
from the immediate vicinity of the house to a route around the
north of the disused farm buildings and then eastwards to terminate
at a new stile on the adopted highway.
RESOLVED -
(1) T
H A T the Director of Legal, Public Protection and Housing Services
be authorised to make an Order under Section 119 of the Highways
Act 1980 to divert part of Public Footpath No. 24 Marcross as shown
on the map attached to the report, and provided no objections are
received, be authorised to confirm the Order.
(2) T
H A T once the required works have been satisfactorily completed,
the Public Rights of Way Officer be authorised to issue a
certificate of completion under Schedule 6 Paragraph 9(1) to (9)(3)
of the Countryside and Rights of Way Act 2000.
Reason for decisions
(1)
The Order is required for the security and convenience of the
applicants and for the safety and convenience of the
users.
(2)
There are works to be carried out by the landowner on the new route
of the path to bring the path into being.
(c) Applications
for Public Path Diversion and Extinguishment Orders - Nos. 1 and 3
Llansannor (DEER) -
Members were advised of 2 applications for
the diversion of part of Public Footpath No. 3 Llansannor and the
extinguishment of Public Footpath No. 1 Llansannor, and approval
was sought for the making of the relevant Diversion and
Extinguishment Orders.
The applications related to two paths,
known as Public Footpath No. 1 Llansannor and Public Footpath No.
3, Llansannor, shown on the Definitive Map, east of Ruthin Common,
Llansannor.
The Definitive Statement described Public
Footpath No. 1 Llansannor as commencing on the County Road (Breigam
Lane) and proceeding south westwards across fields and through Coed
Garwa to its junction with Public Footpath No. 18 Llanilid at Garwa
Farm. Public Footpath No. 3 Llansannor was described as
commencing on the County road (Breigam Lane) and also proceeding in
a generally south western direction through fields at Coed Breigam
to its junction with Public Footpath No. 18 Llanilid at Garwa Farm,
south of Public Footpath No. 1 Llansannor.
The routes of the proposed Orders were as
shown on the map attached to the report.
In 1981, questions were being raised about
the viability of the footpaths known as Public Footpaths Nos. 1, 2
and 3 Llansannor due to historical quarrying at Garwa Quarry,
Llansannor. Both Footpaths Nos. 1 and 3 Llansannor had been
affected by quarrying and were unwalkable then, and are likely to
be even further affected by future quarrying. Footpath No. 2
Llansannor also traversed an area that had been granted planning
consent for mineral extraction, but no date had been set for works
to commence on this part of the site as yet.
In 1981, the Environment and Planning
Committee recommended that the whole of Footpath No. 1 Llansannor
be extinguished and part of Footpath No. 3 Llansannor west of its
junction with Footpath No. 2 Llansannor be extinguished. It
was also recommended that the whole of Public Footpath No. 29 St.
Mary Hill be extinguished as it traversed the quarry working area
and high quarry faces. The quarry had extensive reserves and
there were no further plans for extensions.
Whilst Public Footpath No. 29 St. Mary
Hill was extinguished in 1982, the proposed Extinguishment and
Diversion Orders for Nos. 1 and 3 Llansannor were unable to proceed
due to objections received from the Ramblers about the lack of
suitable alternative routes. Although historical quarrying
had taken place beneath the paths and they could no longer be
walked, the paths still legally existed over their original
routes.
The application for the extinguishment of
Public Footpath No. 1 Llansannor was being made under Section 118
of the Highways Act 1980, on the grounds that the footpath was no
longer required for public use as the path was unable to be walked
due to quarrying, and to date the Rights of Way section had not
received any complaints that the path had not been walkable.
This situation had been in existence for more than 25 years.
There was no suitable alternative route to which the path could be
diverted and the adjacent adopted highway network currently
provided a link between Public Footpaths Llansannor 2 and Llanilid
18 that was of a similar length to the original path.
The application for the diversion of
Public Footpath No. 3 Llansannor was being made under Section 119
of the Highways Act 1980. Currently approximately one third
of the length of Llansannor 3 was in a similar situation as
Llansannor 1 and therefore not available for public use.
Lafarge Cement UK, the applicants were in agreement that the path
could be diverted from the junction with Public Footpath No. 2
Llansannor along the field and through the woodland known as Coed
Breigam, terminating outside the palisade fencing at the quarry
entrance west northwest of Pant-y-Llwyd Farm. The length of
the proposed diverted route would be similar to that of the current
alignment of Public Footpath No. 3 Llansannor.
The Definitive Map was currently being
updated and it was considered to be timely to remove the paths from
the map in their present alignments, with the current discrepancies
remaining between the Definitive Map and Definitive Map Statement
and the topography of the land.
RESOLVED -
(1) T
H A T the Director of Legal, Public Protection and Housing Services
be authorised to make an Order under Section 118 of the Highways
Act 1980 to extinguish Public Footpath No. 1 Llansannor as shown on
the map attached to the report, and provided no objections are
received, be authorised to confirm the Order.
(2) T
H A T the Director of Legal, Public Protection and Housing Services
be authorised to make an Order under Section 119 of the Highways
Act 1980 to divert part of Public Footpath No. 3 Llansannor as
shown on the map attached to the report, and provided no objections
are received be authorised to confirm the Order.
(3) T
H A T the Public Rights of Way Officer be authorised to issue a
certificate under Schedule 6 Paragraph 9(1) to 9(3) of the
Countryside and Rights of Way Act 2000 that the required works have
been satisfactorily completed.
Reasons for decisions
(1)
The Extinguishment Order is requested to reflect the current
situation existing on the ground following completion of works
granted under the planning consents.
(2)
The Diversion Order is requested to reflect the current situation
existing on the ground following completion of works granted under
the planning consents.
(3)
There are works to be carried out by the landowner on the new route
of the path to bring it into being.
(d)
Definitive Map Evidential Modification Order - No. 21 Colwinston
(DEER) -
Members were advised of the application
for an Evidential Modification Order for Public Footpath No. 21
Colwinston, and approval was sought for the making of the relevant
Definitive Map Evidential Modification Order.
The application related to a path which
was not currently shown on the Definitive Map, and which commenced
on the county road south of Kirk Brae and which then runs eastwards
from Church Lane through an alleyway to the county road south of
Quarry House.
Historical maps dated 1878, 1899, 1919 and
1947 showed the path to be in existence. The path was located
on a piece of land, which was originally known as The Square and
the west end of the path originally had a stone stile. There
was a second path that met it in the middle having come from the
south, but this had since disappeared under a housing
development.
The route of the proposed amendment to the
Definitive Map was shown on the map attached to the
report.
Residents had notified the Council as
early as 1962 that these footpaths in Colwinston were in constant
use but that their existence had not been made known to the Council
when the draft map was being prepared under the National Parks and
Access to the Countryside Act 1949. Having notified the
Council about this particular path, there was a failure to add this
particular path to the final version of the Definitive
Map.
In 1971, Cowbridge Rural District Council
wrote to Colwinston Parish Council informing them that the
Glamorgan County Council had begun a special limited review of
certain footpaths in the County and that the necessary authority
had been received from the Secretary of State for Wales to carry
out a “Special Review” for all footpaths.
In 1972, a planning application was
submitted for the erection of 2 detached dwellings. The
location plan showed the path, and the application was not
pursued.
Again, in 1972, planning permission was
granted for 2 dwellings and the location plan showed the existing
path. These houses were not built.
Correspondence continued over the ensuing
years and in 1976, a County Councillor wrote that “The County
Council agreed to the inclusion of the path …. . It will
be included in the new Definitive Map when it is published in
approx 6-12 month’s time.”
In 1977, the Welsh Office informed the
Community Council that the footpath would be included as a Public
Right of Way in the new Definitive Map and Statement.
However, in 1981, the Welsh Office instructed South Glamorgan
County Council to abandon the 1971 Special Review, and consequently
the path was never added to the Definitive Map.
By 1981 the path was informally known as
Public Footpath No. 21 Colwinston and the Council had accepted
responsibility for its maintenance.
In 1988 a planning application had been
submitted for a detached house and garage, now known as Kirk Brae,
and the location plan showed a footpath. The plans showed the
footpath crossing the site along a slightly different alignment to
the current route and the stile on Church lane was
annotated.
The application was being made under
Section 53(3)(c)(iii), of the Wildlife and Countryside Act
1981. The Modification Order would allow the Definitive Map
to be amended to show the path.
RESOLVED -
(1) T
H A T the Director of Legal, Public Protection and Housing Services
be authorised to make an Order under Section 53(3)(c)(iii), of the
Wildlife and Countryside Act 1981 in order to amend the Definitive
Map to show Public Footpath No. 21 Colwinston as shown on the map
attached to the report.
(2) T
H A T provided no objections are received, the Director of Legal,
Public Protection and Housing Services be authorised to confirm the
Definitive Map Evidential Modification Order.
Reasons for decisions
(1)
The Order is requested for the convenience of the users and to
correct anomalies on the Definitive Map of Public Rights of Way by
showing a route that had been used by the public and maintained by
the Highways Authority for many years.
(2) A
period of objection will follow the advertising on-site and in the
local press, together with consultation with all statutory
consultees.
(e)
Public Path Extinguishment Order and Creation Agreement - No. 1
Wenvoe (DEER) -
Members were advised of a proposal to
extinguish part of Footpath No. 1 Wenvoe and to simultaneously
replace it with an alternative path, and were requested to approve
the making of the relevant Extinguishment and Creation
Orders.
Lidmore Mill was at one time a working
corn mill and was linked by several historical paths to the various
farms in the vicinity. By 1942, its use as a mill had
ceased.
The Definitive Map Statement detailed
Public Footpath No. 1 Wenvoe as commencing opposite Northcliff Farm
and proceeding south eastwards to Lidmore Barn, then along the
accommodation road to Lidmore Mill, then eastwards through the
field to the junction with Public Footpath No. 2 Wenvoe adjacent to
the River Waycock.
The path was shown on the Definitive Map
as being in 2 separate sections with no access shown from the end
of the county road to the field to the rear of Lidmore
Mill.
It was proposed to extinguish the section
of footpath, which commenced behind Lidmore Mill and which
proceeded eastwards to terminate at the junction with Public
Footpath No. 2 Wenvoe and replace it with a new stretch of
path. In order to formally bring this about, an
Extinguishment Order would be accompanied by a simultaneous Public
Path Creation Agreement between the Council and the
landowner. Such an Agreement would be made under Section 25
of the Highways Act 1980. This newly created path would then
replace the extinguished path and it would commence on the adopted
highway and proceed eastwards following the bund along the side of
the River Waycock to terminate at the footbridge on Public Footpath
No. 2 Wenvoe.
The length of the path to be extinguished
and the length of path to be created was shown on the map attached
to the report.
RESOLVED -
(1) T
H A T the Director of Legal, Public Protection and Housing Services
be authorised to make the Extinguishment Order under Section 118 of
the Highways Act 1980 to extinguish part of Public Footpath No. 1
Wenvoe and, provided no objections are received, the Public Rights
of Way officer be authorised to confirm the Extinguishment
Order.
(2) T
H A T the Director of Legal, Public Protection and Housing Services
be authorised to make a simultaneous Creation Agreement under
Section 25 of the Highways Act 1980 in order to replace the
extinguished path with an alternative path that would link the
adopted highway to Public Footpath No. 2 Wenvoe as shown on the map
attached to the report, and provided no objections are received,
the Public Rights of Way Officer be authorised to confirm the
Creation Order.
(3) T
H A T once the required works have been completed, the Public
Rights of Way Officer be authorised to issue a certificate of
completion under Schedule 6 Paragraph 9(1) to 9(3) of the
Countryside and Rights of Way Act 2000.
Reasons for decisions
(1)
The Extinguishment Order is requested for the convenience of the
users and to correct anomalies on the Definitive Map of Public
Rights of Way.
(2)
The Creation Order is required for the convenience of the users and
to ensure the continuity of the public right of way between Public
Footpath No. 1 and Public Footpath No. 2 Wenvoe.
(3)
There are works to be carried out by the landowner and Valeways on
the new route of the path to bring it into being.”
___________
RESOLVED - T H A T the minutes be noted.
C27 CORPORATE
COMPLAINT POLICY AND PROCESS AND PUBLIC SERVICES OMBUDSMAN FOR
WALES GUIDANCE DOCUMENT - “PRINCIPLES OF GOOD ADMINISTRATION” AND
“PRINCIPLES FOR REMEDY” (CX) (SCRUTINY - CORPORATE RESOURCES)
-
The Visible Services Department and Council
Tax Department had piloted a draft Corporate Complaint Policy and
Process since 1st November, 2007 and 2nd
January, 2008 respectively. The Customer Complaints Officers’
Working Group had developed the new draft Corporate Complaint
Policy and Process and, for reasons explained within the report,
had agreed that the pilot should be extended to the end of August
2008. The Working Group had discussed the delay to the pilot
and suggested that it could be beneficial to request Cabinet to
adopt the Policy and Process formally in advance of the pilot
finishing in August / September 2008 so that staff could follow the
policy and use the standardised letters and staff guidance
notes. It was noted that the first draft Corporate Complaint
Policy and Process had been amended to take into account issues
which had arisen during the first phase of the pilot as well as
addressing an issue highlighted during a Stage 3
investigation.
Members were also informed that the Local
Government Ombudsman for Wales had produced two documents, namely
“Principles of Good Administration” and “Principles for
Remedy”. A briefing note on the aforementioned documents had
been produced and it was intended, subject to confirmation by
Cabinet, that those summaries be publicised within the
Council.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Corporate Complaint Policy and Process as appended to the
report be approved.
(2) T H A
T the Corporate Complaint Policy and Process be publicised
internally within the Council during June to August 2008 and
externally during September 2008.
(3) T H A
T a summary of the Public Services Ombudsman for Wales document be
publicised internally within the Council during June 2008.
Reasons for decisions
(1) To
obtain Cabinet approval.
(2) To
ensure that Council staff are aware of the Council’s Complaint
Policy and Process (thereby improving customer care standards) and
to ensure that members of the public are made aware of the Policy
and Process.
(3) To
inform Council staff of the documents produced by the Public
Services Ombudsman.
C28 LOCAL
ROAD SAFETY GRANT EXPENDITURE 2008/09 (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
Details were presented of the options
available for the expenditure of the 2008/09 WAG’s Local Road
Safety Grant which totalled £313,000. £98,500 would be used
to provide revenue for Road Safety Education Training and
Publicity, £210,000 would be used for Road Safety Engineering
Projects, and the balance of £4,500 would be retained as a
contingency fund. During the course of the subsequent
discussion attention was drawn to the following matters:
·
the post of Road Safety Officer had been unfunded since
1st June, 2003 and was considered crucial to ensure that
service and national objectives and targets could be achieved
·
the WAG had identified Pass Plus Cymru as an example of good
practice and, in 2007/08, this Council had trained more of its
young drivers than any other local authority in Wales
·
the Kerbcraft Scheme had been expanded from 7 to 13 schools in the
previous year and the number of children receiving training had
increased from 300 to 500 (WAG target 300)
·
the WAG had identified the Council’s Children’s Traffic Club as an
example of good practice.
Further details as to the specific expenditure
within each of the above headings were contained within the
report.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the continuation of the employment of a Temporary Road Safety
Officer (Post No. ED155) for 2008/09 be agreed.
(2) T H A
T the funding through Road Safety Grant of the position of Road
Safety Officer (Post No. ED136) for 2008/09 be agreed.
(3) T H A
T the continuation of the Young Driver Initiative be endorsed.
(4) T H A
T the continuation of the expanded Kerbcraft Scheme to enable
temporary trainers to undertake additional schools and assist with
the Council’s Child Cyclist Training Programme for 2008/09 be
agreed.
(5) T H A
T the continuation of “The Children’s Traffic Club” be agreed.
(6) T H A
T the additional funding of £15,000 to supplement the Road Safety
Team’s operational budget for 2008/09 be agreed.
(7) T H A
T the use of any residual funding from the “The Children’s Traffic
Club” to promote schemes that would reduce accidents to young,
newly qualified drivers be endorsed.
(8) T H A
T £210,000 of the Local Road Safety Grant be included in the
2008/09 Capital Programme to undertake the following schemes:
·
B4270, Llantwit Major Road - Improvements at Cross Inn Junction
·
Converting the existing zebra crossing at High Street, Cowbridge,
to a controlled pedestrian crossing - design and consultation
element commenced under the 2007/08 LRSG allocation
·
Completion of the Sully to Barry cycle path
·
A48, Pentre Meyrick Junction Improvements
·
Court Road / Gladstone Road Roundabout First Phase
·
Engagement of specialist Road Safety Advisor on Agency Employment
Terms.
(9) T H A
T, in respect of the following three schemes referred to in
resolution (8) above, consultation prior to implementation be
undertaken with the Cabinet Member for Planning and Transportation
and the Local Ward Members
·
B4270, Llantwit Major Road - improvements at Cross Inn Junction
·
completion of the Sully to Barry cycle route
·
A48, Pentre Meyrick Junction improvements.
(10) T H A T the best
wishes of Cabinet be conveyed to Mr. M. Dacey, Senior Road Safety
Officer for his efforts over the years (as evidenced by the
successes referred to above), on his imminent retirement.
Reasons for decisions
(1) To
allow the Road Safety Team to address the most pressing road safety
education and training issues relating to casualty reduction,
particularly child casualty reduction and the associated WAG
targets.
(2) To
allow the Road Safety Team to address the many “Safe Routes to
School” and the “Safe Routes in Communities” issues that have
arisen as a consequence of the increasing number of Transport Grant
funded Schemes that have been completed, or are due for completion,
this year.
(3) To
increase the number of schools participating in the Kerbcraft
Scheme as well as providing cycle training for all of the Vale
schools successfully involved with a cycling element of the Safe
Routes to Schools programme.
(4) To
reduce accidents to young, newly qualified drivers; this
vulnerable group represents 11% of licence holders but have 25% of
all accidents.
(5) To
enable the Road Safety Team to continue with their education
training and publicity programme for 2008/09.
(6) To
ensure the continuation of “The Children’s Traffic Club” for
children of the appropriate age and their parents across the
Vale.
(7) To
ensure that any residual funds can be used on appropriate, Cabinet
approved road safety education schemes and allow the Council to
draw down all of the available funding. This will ensure that
we claim the maximum funding available within the terms of the
grant.
(8) So
that the Council’s Capital Programme for 2008/09 reflects the
grants awarded by the Welsh Assembly Government.
(9) To
ensure full consultation.
(10) To recognise the
contribution made.
C29
APPOINTMENTS TO OUTSIDE BODIES / JOINT COMMITTEES (CX) (SCRUTINY -
CORPORATE RESOURCES) -
Members considered the details appended to the
report and were made aware that appointments were required to the
following additional bodies:
·
South Wales Strategic Planning Group
·
South Wales Regional Waste Group.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the undermentioned be appointed or nominated to serve on the
bodies listed below until the local government elections in
2012:
|
ORGANISATION
|
REPRESENTATIVE
|
|
Age Concern Good Neighbour Scheme: Advisory
Group (Llantwit Major)
|
Cllr. J. Clifford
|
|
Age Concern: Liaison Committee
|
Cabinet Member (Human Resources and
Equalities)
|
|
Age Concern Cymru: Council
|
Cllr. N.P. Hodges
|
|
Appeal Committee Re: School Admissions Church
in Wales
|
Cllr. Mrs. A.J. Preston
|
|
Arts Council of Wales: South Wales Regional
Committee
|
Cllr. Mrs. M. Kelly Owen
|
|
Arts and Regeneration Agency
|
Cabinet Member (Tourism and Leisure)
|
|
Association of Direct Labour Organisations
|
Cabinet Member (Visible and Building
Services)
|
|
Association of Port Health Authorities
|
Cabinet Member (Legal and Public
Protection)
|
|
Barry YMCA Management Committee
|
Cllrs. Mrs. J.E. Charles and
Mrs. K.A. Kemp
|
|
Business in Focus
|
Cabinet Member (Economic Development and
Regeneration)
|
|
Cambrian Educational Foundation for Deaf
Children
|
Cabinet Member (Education and Lifelong
Learning)
|
|
Capital Regional Tourism
|
Cabinet Member (Tourism and Leisure)
|
|
Cardiff Institute for the Blind
|
Cllrs. J. Clifford and C.L. Osborne
|
|
Consortium of Local Authorities in Wales
|
Cabinet Member (Housing and Community Safety)
and one vacancy
|
|
Coychurch Crematorium Joint Committee
|
Cllrs G.A. Cox, Mrs. A.J. Preston and W.C.
Vaughan
|
|
Disability Wales
|
Cabinet Member (Social and Care Services)
|
|
Flat Holm Consultative Group
|
Cabinet Member (Tourism and Leisure)
|
|
Friends of Belle Vue Park
|
Cllrs. P. Church and
Miss. S.J.C. Williams
|
|
Glamorgan Archives Joint Committee
|
Cabinet Members (Tourism and Leisure) and
(Education and Lifelong Learning)
|
|
Joint Council for Wales – Employers Side
|
Cabinet Member (Human Resources and
Equalities) and Cllr. Mrs. V.L. Ellis (Substitutes:
Cllrs. P. Church and Mrs. A.J. Preston)
|
|
LETSlink
|
Cabinet Members (Human Resources and
Equalities) and (Legal and Public Protection)
|
|
National Society for Clean Air and
Environmental Protection
|
Cabinet Member (Legal and Public Protection);
Chairman Scrutiny Committee (Corporate Resources) and Cllr. Mrs.
K.A. Kemp
|
|
Norwegian Church Arts Centre Management
Committee
|
Cllr. A.M. Ernest
|
|
Penarth Arts and Crafts Ltd.
|
Cllr. Mrs. M. Kelly Owen
|
|
Postwatch
|
Cllr. A.M. Ernest
|
|
Pupil Support and Social Inclusion Board
(formerly known as Pupil Referral Management Board)
|
Cabinet Member (Education and Lifelong
Learning) and Chairman Scrutiny Committee (Lifelong Learning)
|
|
Race Equality First
|
Cabinet Member (Human Resources and
Equalities)
|
|
RELATE (South Wales Marriage Guidance)
|
Cllr. Mrs. A.J. Preston
|
|
Reserve Forces and Cadets Association for
Wales (RFCA)
|
Cllr A.M. Ernest
|
|
Road Safety Council for Wales
|
Cabinet Member (Planning and
Transportation)
|
|
Royal National Eisteddfod of Wales:
Council
|
Cllr. S.T. Wiliam
|
|
Severn Estuary Partnership
|
Cabinet Member (Planning and
Transportation)
|
|
South East Wales Strategic Planning Group
|
Cabinet Member (Planning and
Transportation)
|
|
South East Wales Regional Waste Group
|
Cabinet Members (Planning and Transportation)
and (Visible and Building Services)
|
|
South East Wales Transportation Alliance
(SEWTA)
|
Cabinet Members (Planning and Transportation)
and (Tourism and Leisure)
|
|
South Glamorgan Council on Alcohol
|
Cllr. C.L. Osborne
|
|
South Wales Sea Fisheries Committee
|
Cabinet Member (Legal and Public
Protection)
|
|
Sportlot Community Chest
|
Cabinet Member (Tourism and Leisure) and
Chairman Scrutiny Committee (Economy and Environment)
|
|
St. Donats Art Centre: Board of Management
|
Cabinet Member (Tourism and Leisure) and Cllr.
Mrs. K.A. Kemp
|
|
Standing Advisory Council on Religious
Education (SACRE)
|
Cabinet Member (Education and Lifelong
Learning); Cllrs. G.A. Cox, P. Church, Mrs. M. Kelly Owen,
G.C. Kemp and Mrs. A.J. Preston
|
|
Standing Conference of Severnside Local
Authorities
|
Leader and Chairman of Planning Committee
|
|
Swansea Bay Port Health Authority
|
Cabinet Member (Legal and Public
Protection)
|
|
Thaw and Cadoxton Catchment Abstraction
Management Group (Environment Agency)
|
Cabinet Member (Legal and Public
Protection)
|
|
Theatre IOLO
|
Chairman Scrutiny Committee (Lifelong
Learning)
|
|
United Kingdom National Breast Cancer
Coalition (Wales)
|
Cllr. Mrs. J.E. Charles
|
|
University of Wales: Court of Governors
|
Cabinet Member (Education and Lifelong
Learning) and Cllrs. Mrs. M. Kelly Owen and
Mrs. K.A. Kemp
|
|
Vale Council for Voluntary Services: Board of
Trustees
|
Cabinet Member (Housing and Community
Safety)
|
|
Vale of Glamorgan Best Kept Village
Competition
|
Cllrs. A.M. Ernest, Mrs. A.J. Preston, Mrs.
S.I. Sharpe and W.C. Vaughan
|
|
Vale of Glamorgan Citizens Advice Bureau
|
Cllrs. J. Clifford and E.T. Williams
|
|
Vale of Glamorgan Community Health Council
|
Cllr. F.T. Johnson, Mr. J. Moses, Mrs. A.
Morgan (until 31st March 2010), Cllr. C.P.J. Elmore
(until 31st March, 2011) plus 1 vacancy
|
|
Vale of Glamorgan Buildings Preservation
Trust
|
Chairman of Planning Committee
|
|
Vale of Glamorgan District Sports Council
|
Cabinet Member (Tourism and Leisure) and
Chairman Scrutiny Committee (Economy and Environment)
|
|
Vale of Glamorgan Festival Management
Committee
|
Leader and Cabinet Member (Tourism and
Leisure)
|
|
Vale of Glamorgan Railway Company: Board
|
Cabinet Member (Finance, ICT and Property)
|
|
Vale of Glamorgan Victim Support
|
Cllr. Mrs. A.J. Preston
|
|
Wales Council for the Blind: Executive
Committee
|
Cllr. E.T. Williams
|
|
Wales Council for the Deaf
|
Cllr. C.P.J. Elmore
|
|
Wales Home Safety Council
|
Cllr. Mrs. M. Kelly Owen
|
|
Waterfront: Public Liaison Group
|
Cabinet Members (Tourism and Leisure) and
(Planning and Transportation) plus 1 member from each of the
electoral wards in Barry as follows: Cllrs. R.F. Curtis
(Gibbonsdown), one vacancy (Court), S.C. Egan (Buttrills),
N.P. Hodges (Baruc), N. Moore (Cadoc), Ms. M. Wright
(Dyfan), one vacancy (Castleland) and E.T. Williams
(Illtyd)
|
|
Welsh Books Council
|
Cabinet Member (Education and Lifelong
Learning)
|
|
Wales Centre for International Affairs:
Standing Conference
|
Cabinet Member (Education and Lifelong
Learning)
|
|
Welsh Purchasing Consortium
|
Cabinet Member (Finance, ICT and Property)
Substitute: Cabinet Member (Visible and Building Services)
|
|
Welsh Sports Council for the Disabled
|
Cllr. Mrs. J.E. Charles
|
|
Western Vale Integrated Children's Centre
Advisory Board
|
Cabinet Member (Social and Care Services)
|
|
Workers' Education Association
|
Cabinet Member (Education and Lifelong
Learning)
|
(2) T H A
T, where legally possible, attendance at meetings of organisations
to which a Member has been nominated or appointed by the Council be
classed as an approved duty for which travelling and subsistence
allowances were payable, in accordance with the Council’s
scheme.
(3) T H A
T the following appointments be deferred:
|
Consortium of Local Authorities in Wales
|
Chairman of relevant Scrutiny Committee to be
determined
|
|
Vale of Glamorgan Community Health Council
|
One vacancy for further consideration
|
|
Waterfront: Public Liaison Group
|
One representative from each of the Court and
Castleland Wards to be determined from the elected representatives
of each
|
Reasons for decisions
(1) To
ensure continuity of representation by the Council on outside
bodies.
(2) To
obtain the necessary authorisation.
(3) To
obtain further information.
C30 CAPITAL
MONITORING: 1ST - 30TH APRIL, 2008 (CMT)
(SCRUTINY - ALL) -
Cabinet was updated on the progress of the
2008/09 Capital Programme for the month of April. Attention
was drawn within the report to the allocation of £100,000 for the
purchase of IT equipment for schools (which would be obtained
through an internal leasing mechanism) and to the WAG Transport
Grant allocation for 2008/09 of £1,639,000. Cabinet then
considered requests for changes to the Programme, details relating
to which were contained within the report, and was made aware that
funding relating to Pont y Werin had already been approved.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the following changes to the Capital Programme be approved:
·
Atlantic Trading Estate demolition works - budget to be increased
by £41,000 with works to proceed only if WAG / WDA approval of the
use of capital receipts were confirmed
·
Penarth Renewal Area - budget to be increased by £1,400,000 funded
by WAG grant
·
Road Maintenance Grant - budget to be increased by £575,694 funded
by WAG grant
· IT
Equipment 2008/09 - budget to be increased by £300,000 funded from
the Council’s Computer Fund.
(2) T H A
T the Council’s commitment in relation to Pont y Werin Bridge be
confirmed.
Reason for decisions
(1-2) To allow schemes to be
undertaken in this financial year.
C31 REVENUE
MONITORING: 1ST - 30TH APRIL, 2008 (CMT)
(SCRUTINY - ALL) -
Cabinet was informed of transfers between
services and of the progress of revenue expenditure for the month
of April 2008. Whilst it was very early in the financial
year, the current forecast was for a balanced budget on the Council
Fund and Housing Revenue Account. The virements between
services were summarised as staff transfer (including running
costs) from Community Care and Health to Contact OneVale (Chief
Executive) - £1,000,000 and the transfer of the Arts Development
Officer budget from Economic Development and Leisure to the Chief
Executive.
This was a matter for Executive decision.
RESOLVED - T H A T the transfers between
services as indicated above be approved and the position in
relation to the Council’s 2008/09 Revenue Budget be noted.
Reason for decision
So that Members are aware of the transfers and
the projected revenue outturn for 2008/09.
C32
MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT
-
RESOLVED - T H A T the following matter which
the Chairman had decided was urgent for the reason indicated under
the minute heading be considered.
C33 THOMPSON
STREET COMMUNITIES FIRST PARTNERSHIP (REF)
-
Urgent by reason of the need to
progress the matter.
The Audit Committee, on 5th June,
had been advised that previous internal audits undertaken in
respect of the Thompson Street Communities First Partnership had
identified a number of issues and, as such, the matter had been
referred to the Council’s External Auditor for further
review. The Audit Committee had benefit of receiving the
External Auditor’s report and a draft action plan detailing the
Council’s proposed response to each of the recommendations
therein. Given that the report considered by the Committee
contained information considered exempt under paragraphs 12 and 13
of the Part 4 of Schedule 12A of the Local Government Act 1972 as
amended, it was
RESOLVED - T H A T the recommendations of the
Audit Committee be noted and endorsed and that further
consideration of those recommendations and the related report take
place under the line.
C34 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 item of business on the grounds that
it involves 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.
C35 THOMPSON
STREET COMMUNITIES FIRST PARTNERSHIP
(EXEMPT INFORMATION - PARAGRAPHS 12 AND 13) (REF) -
The External Auditor’s report identified the
scope of the review, the methodology undertaken and its
findings. The report had made recommendations that further
work be undertaken by Internal Audit and Cabinet was informed that
the matter was currently in hand. The report also suggested a
schedule of work to be incorporated into that brief. Cabinet
concurred with the views of the Audit Committee that it was
important that the aforementioned Partnership met the required aims
and objectives and, in particular, stressed that the review
findings and draft action plan should be submitted to the
Partnership Board for consideration / action by all Board
members.
As indicated above, the Audit Committee had
recommended:
·
that the findings of the External Auditor’s report and draft action
plan be endorsed and submitted to Cabinet for acceptance
·
that the report and action plan be forwarded to all members of the
Thompson Street Communities First Partnership Board for
consideration / action as soon as possible
·
that Cabinet ensure that reviews of all Communities First areas
Partnership Boards were undertaken in order that the Council could
be satisfied that the appropriate guidance was being complied
with
·
that the ongoing internal audit work be noted and that all ensuing
reports in respect of the Partnership Boards be submitted to the
Audit Committee and Cabinet.
Following further consideration of the above
and related matters, it was
RESOLVED -
(1) T H A
T the recommendations of the Audit Committee be endorsed and the
findings of the External Auditor’s report and draft action plan be
accepted.
(2) T H A
T the Board be informed of Cabinet’s recommendation that the
External Auditor’s report and draft action plan be considered by
all members of the Partnership Board.
(3) T H A
T the Board be informed that the Council had already notified the
relevant authorities of the content of the External Auditor’s
report and draft action plan.
Reason for decisions
(1-3) To ensure that any
issues identified are considered and addressed as a matter of
priority.