CABINET
Minutes of a meeting held on 9th
July, 2008.
Present: Councillor G.C. Kemp
(Chairman); Councillor T.H. Jarvie (Vice-Chairman); Councillor Mrs.
J.E. Charles, P. Church, G.A. Cox, A.M. Ernest, A.D. Hampton,
H.J.W. James, R.L. Traherne and Mrs. D.M. Turner.
Also Present: Councillors Ms. M.E.
Alexander, Mrs. V.M. Hartrey, N.P. Hodges, Mrs. K.A. Kemp and N.
Moore.
C52 MINUTES
-
RESOLVED - T H A T the minutes of the meeting
held on 25th June, 2008 be approved as a correct record,
subject to it being noted that the Capital Grant figure on page 63,
paragraph 6 should read £5,767,000 and not £767,000.
C53
DECLARATIONS OF INTEREST -
Councillors Mrs. J.E. Charles and A.D. Hampton
declared an interest in Agenda Item No. 4 in that they were Members
of Barry Town Council but indicated that they were able to speak
and vote on the matter.
Councillors G.A. Cox, T.H. Jarvie and G.C.
Kemp declared an interest in Agenda Item No. 19 in that they were
governors of Cowbridge Comprehensive School but indicated that they
were able to speak and vote on the matter.
C54 LAND AT
CEMETERY ROAD, BARRY (DLPPHS) (SCRUTINY -
CORPORATE RESOURCES) -
Cabinet was requested to consider the
objections which had been received in respect of the intended
disposal of the land at Cemetery Road, Barry to Newydd Housing
Association (1974) Limited ("Newydd") and to make a decision on how
to proceed. On 5th March, 2008 a report had
been presented which had provided the Cabinet with an up to date
position concerning the disposal of the land at Cemetery Road to
Newydd in that contracts had been exchanged with Newydd subject to
various conditions being met including the grant of appropriate
planning permission. Cabinet having been reminded that
contracts had been exchanged on 20th June, 2007 in
accordance with Minute No. C2589 of 19th July,
2006.
Since the decision to dispose of the land had
been made, it had come to the Council's attention that the land in
question may be Public Open Space and therefore subject to certain
statutory procedures to enable the disposal to proceed.
Minute C3437 of 5th March, 2008 had resolved that the
position be noted and that a further report be made and the
situation reviewed once all the relevant information and advice had
been obtained. It had subsequently been established that the
land in question was designated as Public Open Space and therefore
any disposal of the same had to be in accordance with Section 123
(2A) of the Local Government Act 1972. To this end, the
Council had to prepare a Notice and ensure that a reasonable period
of time for the publication of the final Notice to enable
objections to be submitted was arranged. The Local Government
Act 1972 did not prescribe the length of an objection period but 14
days was held to be reasonable.
Notices had been published in the Western Mail
on 9th and 16th June, 2008 with a deadline of
30th June, 2008 for any objections to be submitted to
the Director of Legal, Public Protection and Housing
Services.
As a result of the Notices, a 47 signature
petition had been received together with over 250 letters of
objection to the disposal of the land and one letter of
support. Copies of the aforementioned correspondence had been
made available in the Members Room, Cabinet Room, the Democratic
Services Section and at the Cabinet meeting itself.
The report outlined that officers responses to
the objections were as follows:
(i) The Council had
followed the statutory procedure concerning the disposal of open
space land set out in S123 (2A) of the Local Government Act
1972.
(ii)
The issue of flooding and drainage would be considered on any
planning application submitted for any use of the land.
Consultations would be carried out at the appropriate time.
(iii) Any
scheme for the use of the site would require assessment and a
material consideration would relate to traffic generation and the
possible impact on highway safety.
(iv)
Policy HOUS11 and Policy ENV27 formed part of the UDP and were
planning policies which were assessed when applications for
planning permission required determination. The decision as
to whether or not to dispose of the land did not relate to planning
policy.
(v)
With regard to Policy ENV27 which stated that new developments
would be permitted where they would compliment or enhance local
character/ buildings as the Planning Department had no proposal for
development of the land, it had nothing to assess.
(vi)
Whilst the land was not identified for housing purposes within the
UDP, it was within the settlement boundary where there was a
presumption in favour of development subject to a detailed
assessment.
It was noted that the disposal of land to
Newydd would realise a capital receipt which would greatly assist
the Council in meeting its many priorities. A disposal
would also be in line with the Welsh Assembly Governments policy
regarding the provision of affordable housing. Council
records had indicated that the land had been left overgrown and in
a derelict condition for a number of years and it was for that
reason that the land had been declared surplus in 2002.
A supplemental report tabled at the Cabinet
meeting advised of the comments that had been received from the
relevant Ward Members together with further letters of objection
(also circulated at the meeting) and a letter of objection from
Barry Town Council which indicated that they wished to purchase the
land at Cemetery Road for Public Open Space purposes.
This was a matter for Executive decision.
Having considered the reports and Member
representations made at the meeting it was
RESOLVED –
T H A T the land at Cemetery Road, Barry be
disposed of to Newydd Housing Association for residential
purposes.
Reason for decision
In order that the land can be disposed of to
realise a capital receipt.
C55 OLD
HARBOUR, BARRY (DLPPHS) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Members were advised of the current status of
a dispute between the Council and a third party as to the ownership
of an area of foreshore at the Old Harbour, Barry. In January
2007 a number of title deeds had been forwarded to the Land
Registry to enable the registration of the Council's land holdings
at the Old Harbour, Barry. Whilst a large portion of the Old
Harbour was duly registered in the Council's name, correspondence
had subsequently been received from the Land Registry which advised
that they had received from a third party an objection to the
registration of a large parcel of foreshore. Subsequent
enquiries had revealed that the third party’s claim to ownership
was based on supposed long forgotten manorial privileges connected
to a property within their ownership.
The report detailed that in the officer's
opinion the claim to the supposed manorial rights could be
challenged on a number of points to include:
(i) That the
Council held numerous title deeds dating back over 120 years which
confirmed the descent of its title over that period and which
included deeds which transferred the area of foreshore in question
from the Crown to the Council's predecessor in title.
(ii)
The Council held many pieces of contemporaneous evidence relating
to the transfer of the foreshore and surrounding land from the
Crown and the Board of Trade to the Council's predecessor
authorities together with various letters negotiating the disposal
of the said areas of foreshore, various letters of consent
concerning the subsequent use of the foreshore, and specific Acts
of Parliament affecting the Old Harbour all of which supported the
Council's position.
(iii) The
Council was the registered proprietor of the whole of the land that
was shaded red on the Plan attached to the report.
In order to resolve the question of ownership,
the Land Registry had referred the matter to the Adjudicator to HM
Land Registry to resolve. The Adjudicator was an independent
judge appointed for the purposes of resolving disputes concerning
land ownership. Both parties had to date served detailed
Statements of Case to the Adjudicator outlining the facts and
enclosing the deeds and documentation on which they intended to
rely in support of their respective claims.
The next stage was for the Adjudicator to set
a hearing date. A supplemental report was tabled at the
meeting which detailed the comments of local Ward Members.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the position as detailed in the report be noted.
(2) T H A
T the Director of Legal, Public Protection and Housing Services in
consultation with the Director of Finance, ICT and Property and the
Director for Environmental and Economic Regeneration in
consultation with the Cabinet Member for Legal and Public
Protection be authorised to take all steps necessary to protect the
Council's asset.
Reasons for decisions
(1) To
inform Cabinet of developments.
(2) To
enable matters to proceed.
C56
ENDORSEMENT OF THE REGIONAL WASTE PLAN 1ST REVIEW (REF)
(SCRUTINY COMMITTEE - ECONOMY AND ENVIRONMENT) -
The reference from Scrutiny Committee (Economy
and Environment) of 2nd July, 2008 referred to the
fact that the plan was a non-statutory plan which had been prepared
through a voluntary joint arrangement of 11 Local Planning
Authorities with the assistance of other key stakeholders and would
become a strategic framework for the preparation of Local
Development Plans and a material consideration in the development
control process.
The Scrutiny Committee had made the
recommendation "that the endorsement of the RWP 1st
Review be supported and the comments of the Committee be referred
to Cabinet". The Planning Committee had also on
3rd July, 2008 supported the same and requested
that Cabinet be advised accordingly, the reference from Planning
Committee was tabled at the Cabinet meeting as an addendum
report.
Cabinet, having considered both references,
the report to the Scrutiny Committee of 2nd July, 2008
and its appendices
RESOLVED - T H A T the RWP 1st
Review be approved.
Reason for decision
In order that the document can be forwarded to
WAG and become a strategic framework for the preparation of LDPs
and a material consideration in the development control
process.
C57 REVENUE
MONITORING FOR THE PERIOD 1ST APRIL, 2008 TO
31ST MAY, 2008 (CMT) (SCRUTINY - ALL) -
The report provided Cabinet with the details
of a transfer between services and of the progress of revenue
expenditure for the period 1st April, 2008 to
31st May, 2008. The projected outturn for the
2008/09 revenue budget was shown in comparison with the amended
revenue budget at Appendix 1 to the report. The report
requested a virement between services for a transfer of budget from
Legal and Democratic Services to Public Protection of £341k. in
respect of Emergency Planning and Coroners.
This was a matter for Executive decision.
RESOLVED - T H A T the transfer of £341k. from
Legal and Democratic Services to Public Protection be approved and
the position with regard to the Authority's 2008/09 revenue budget
be noted.
Reason for decision
In order to ensure that Members are aware of
the transfer and the projected revenue outturn for 2008/09.
C58 CAPITAL
MONITORING REPORT FOR THE PERIOD 1ST APRIL, 2008 TO
31ST MAY, 2008 AND TREASURY MANAGEMENT (CMT) (SCRUTINY -
ALL) -
Cabinet was advised of the progress on the
2008/09 Capital Programme for the period 1st April, 2008
to 31st May, 2008 and requested to consider changes to
the programme and to amend the Prudential indicator in respect of
the variable interest rate exposures for 2008/09. The Council
had, on 20th February 2008, approved the proposed
Capital Programme for 2008/09 and Appendix 1 to the report detailed
the financial progress on the Capital Programme as of
31st May, 2008. The budget that had been brought
forward from 2007/08 into 2008/09 had been reported to Cabinet and
the Council on 25th and 26th June
respectively and was also included in Appendix 1 to the
report. Cabinet was requested to consider amending the
Capital Programme in respect of the following Directorates:
·
Learning and Development: The Welsh Assembly Government had
approved a Capital Grant of £148,000 towards the delivery of the
Foundation Phase initiative in order to improve the quality of
existing schools and develop outdoor learning areas. It was
requested that the Capital Programme be increased by £148,000.
·
Social Services: A Flying Start Grant had been approved by
WAG with a Capital Grant of £138,000 to ensure that Flying Start
accommodation was suitable to deliver effective joint working from
one central office. The Capital Programme was requested to be
increased by £138,000 in order that works could commence.
·
Environmental and Economic Regeneration: The Countryside
Council for Wales had awarded a grant for coastal access
improvements in the sum of £146,000 which covered various
reconstruction works and waymarking. The Capital Programme
was therefore requested to be increased by this sum.
In relation to the Directorate of Legal,
Public Protection and Housing Services under Cabinet Minute Number
C3396 the Director of Finance, ICT and Property in consultation
with the Cabinet Member responsible for Finance had been granted
delegated authority to make additions, deletions or transfers to or
from the 2008/09 Housing Capital Programme. The power had
been exercised and as a result the overall budget had been reduced
due to the 2007/08 expenditure exceeding the budgeted
expenditure.
The report also advised that the Authority had
recently benefited from an increase in its cash flow position which
had meant that a greater sum was potentially available for short
term investment. The report recommended an increase in the
Prudential indicator in respect of the upper limit on its variable
interest rate exposures for 2008/09 from £82,000,000 to
£124,000,000.
RESOLVED -
(1) T H A
T the following changes to the Capital Programme be approved:
·
Foundation Phase Grant - increase budget by £148,000 funded from
Welsh Assembly Government (WAG) Grant.
·
Flying Start Grant - increase budget by £138,000 funded from Welsh
Assembly Government (WAG) Grant.
·
Coastal Access Improvements - increase budget by £146,000 funded
from Countryside Council for Wales (CCW) Grant.
(2) T H A
T Full Council be recommended to set an upper limit on its variable
interest rate exposures for 2008/09 at £124,000,000.
Reasons for decisions
(1) To
allow the schemes to be undertaken in the current financial
year.
(2) In
order that the Prudential indicator can be amended.
C59 ANNUAL
REPORT SECTION 106 LEGAL AGREEMENTS 2007/08 (DEER) (SCRUTINY -
ECONOMY AND ENVIRONMENT) -
Members were informed of the progress on
Section 106 matters which had arisen in the last financial year,
April 2007 - 2008 and approval was sought to amend the current
charging system for negotiating, implementing and monitoring
Section 106 Legal Agreements known as the Planning Obligations
Administration Fee. The report highlighted that in the 12
months between April 2007 and March 2008 a total of 19 planning
applications had been determined either by the Planning Committee
or by the Director / Head of Planning and Transportation under
delegated powers which had been subject to Section 106 Legal
Agreements. A complete list was attached at Appendix A to the
report. Cabinet was further advised that to date a total of 7
agreements had been signed and the decisions issued. Most of
the remaining decisions had been drafted by the Council's legal
officers and were to be completed shortly. In cases where
applicants had failed to agree to the terms of the legal agreements
the planning applications had been withdrawn. Appendix B to
the report detailed a number of agreements that had been determined
in previous years that had also been signed and decisions
issued.
In respect of Planning Obligation
Administration Fees, since 1st January, 2007 the Council
had introduced and operated a new fee system for progressing and
monitoring planning agreements or planning obligations. The
fee had been based on 20% of the planning application fee with a
set minimum fee of £150. Between 1st April, 2007
and 31st March, 2008 the Council had received £9,236.40
under the fee system. The report advised that other Local
Planning Authorities operated similar systems including Cardiff and
Newport. In respect of Cardiff, it was reported developers
were expected to pay 2% of the total financial contribution being
sought. Under the applications resolved by this Council
during the year, it would have equated to £112,325 which would more
accurately reflect the actual cost of progressing and monitoring
legal agreements within the Vale. The report also highlighted
that a 2% charging system would fail to take account of the Section
106 Agreements which did not have financial amounts specified but
still required a degree of processing and monitoring. The
proposal recommended was to amend the charging scheme in order that
the:
Planning Obligation Administration Fee be
either 2% of the total financial contribution being sought under
the agreement or 20% of the planning application fee, whichever was
the greater and that the revised charging system be implemented on
all applications where a future resolution to grant permission
subject to a legal agreement was made.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the progress made on Section 106 matters between April 2007 and
March 2008 be noted.
(2) T H A
T subject to consultation with the Planning Committee and the
Scrutiny Committee (Economy and Environment) the following be
approved:
(i) the charging
system for negotiating, implementing and monitoring Section 106
Legal Agreements, known as the Planning Obligation Administration
Fee, be amended to require:
·
2% of the total financial contribution being sought under the
Agreement or
·
20% of the planning application fee, whichever is the greater.
(ii)
the revised charging system as recommended under (2) above be
implemented with immediate effect, with the exception of all
Agreements currently subject to formal resolution and in the
process of being negotiated.
Reasons for decisions
(1) In
order to inform Members of the progress made on Section 106 matters
between April 2007 and March 2008.
(2)
(i) To ensure the
Planning Obligations Administration Fee amount was a true
reflection of the Council's costs which arise in negotiating,
implementing and monitoring Section 106 legal agreements and
(ii) To ensure that there
was certainty and clarity in implementing the administration
fee.
C60 POST OFFICE
NETWORK CHANGE PROGRAMME SOUTH AND WEST WALES AREA PLAN (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
Appendix 1 to the report detailed the Post
Office Limited area plan proposal for South and West Wales.
The Cabinet was advised that the Government had recognised that
fewer people were using Post Office branches and had concluded that
the overall design and shape of the network of Post Office branches
needed to change. The Post Office had put in place a network
change programme to implement measures which would involve the
compulsory compensated closure (subject to EU State Aid Clearance)
of up to 2500 Post Office branches (out of a current network of
14300 branches) with the introduction of about 500 service points
known as outreaches to mitigate the impact of the proposed
closures. The proposals for local public consultation on the
area plan proposal had been published on 3rd June,
2008. The local public consultation would last for a period
of 6 weeks with a closing date for feedback listed as
14th July, 2008. It was also noted that comments
would not be kept confidential unless they were specifically
requested to do so.
Ewenny was the only Post Office in the Vale of
Glamorgan proposed for closure, although the pack had wrongly
located it in the local authority area of Bridgend and the Post
Office had been informed of the error.
Cabinet was also informed that the Ward Member
for Ewenny was not in favour of the proposed closure and a
community meeting had been held on 17th June, 2008 to
discuss the closure. The Cabinet Member for Economic
Development and Regeneration advised that the public meeting had
been well attended by residents, Assembly Members and Ward Members
and a plan of action was being put in place.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Post Office Network Development Manager be informed that the
proposed closure of Post Office branch at Ewenny should be resisted
because of the potential effect of the closure on the vitality of
local communities.
(2) T H A
T a copy of the Cabinet report be sent to Post Office Limited and
to Postwatch Wales.
(3) T H A
T the Council's Urgent Decision Procedure be invoked in respect of
Resolution (1) above.
Reasons for decisions
(1) To
inform the Post Office Limited of the Council's views.
(2) To
inform the Post Office Limited and Postwatch Wales of the Council's
views.
(3) In
order to meet the consultation timescale.
C61 RESOURCES
GRANT FOR LOCAL PLANNING AUTHORITIES 2008 - 2009 (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
The Welsh Assembly Government was making
available £2m. to help Local Planning Authorities and other
stakeholders to secure improvements in service delivery of the
planning service. All of the 25 Local Planning Authorities
had been allocated £70,000 subject to the receipt of a spending
plan prior to 31st July, 2008.
A letter dated June 2008 from the Head of
Planning Division at the Assembly was attached at Appendix A to the
report and detailed a request for a spending plan and enclosing an
acceptance form.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Resources Grant be accepted and the acceptance form be issued
to the Welsh Assembly Government.
(2) T H A
T a copy of the report be forwarded to the Planning Committee for
information purposes.
Reasons for decisions
(1) To
allow the Council to claim the Resources Grant from the Welsh
Assembly Government.
(2) To
inform the Planning Committee of the receipt of the Grant.
C62 EWENNY
BRIDGE STRENGTHENING / REPLACEMENT PROPOSALS (DEER) (SCRUTINY -
ECONOMY AND ENVIRONMENT) -
Ewenny Bridge was a Network Rail owned
structure and carried the B4265 St. Brides Road over the Vale
of Glamorgan railway line. As part of the National Bridge
Assessment Programme and in accordance with the 'Bridgeguard 3'
Agreement, Network Rail in conjunction with the Council and Highway
Authority had assessed all roads over railway structures to
determine their ability to carry highway loading to current
standards. Should any structure be found to meet Network
Rail's load carrying obligation in accordance with BE4 but not
provide the load carrying capacity required by the Highway
Authority then any enhancement of the existing assessed capacity
above Network Rail's obligation would have to be funded by the
Highway Authority along with the cost of appropriate highway
alterations.
Following the assessment the Ewenny Bridge was
found to be substandard and the management strategy for the bridge
required that the structure be strengthened or replaced.
Network Rail and Council officers had agreed that the structure be
placed on a high priority list for urgent action due to its
condition and importance on the highway network. Network Rail
commissioned WSP Consultants to prepare a feasibility report
identifying the strengthening / replacement options for the
structure. Details of the options were attached at Appendix B
to the report.
Network Rail had requested that the Council
confirm its commitment to enter into an agreement to strengthen or
replace Ewenny Bridge in order that an agreed scheme could be
included in their works programme for the financial year
2010/11. In order for this to be achieved such commitment had
to be given by the Council as soon as possible during the calendar
year. The budget available in the capital programme 2007/08
to address the Network Rail bridge strengthening issues was
currently £561,400.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the outcome of the feasibility study for the strengthening /
replacement of Ewenny Bridge undertaken for Network Rail by WSP
Consultants in accordance with the existing 'Bridgeguard 3'
Agreement between the Council and Network Rail be noted.
(2) T H A
T Option 2a as detailed in the report and outlined below be
accepted as the preferred option:
Re-deck to 40 Tonnes (widened deck) -
replacing the bridge deck completely on strengthened and widened
abutments; the load carrying capacity of the bridge would be 40
tonnes and standard lane widths (2 x 3.65m) would be provided; a
financial contribution of approximately £629,000 from the Council
would be required.
(3) T H A
T the Director of Legal, Public Protection and Housing Services be
authorised to enter into an agreement with Network Rail for the
strengthening or replacement of the bridge.
(4) T H A
T the use of funds from the Highway Maintenance Capital Budget, at
the appropriate time, to comply with the requirements of the
Network Rail Works Programme to augment the existing funds as
identified in the Capital Programme be approved.
Reasons for decisions
(1) To
confirm the Council's position with regard to the requirement to
strengthen or replace the structure.
(2) To
confirm the choice of option.
(3) To
allow Network Rail to include the strengthening / replacement of
Ewenny Bridge in their works programme.
(4) To
ensure that the Council complies with its obligations under the
Agreement.
C63
DISPOSAL OF COUNCIL LAND IN SUPPORT OF THE HOUSING INVESTMENT
STRATEGY (DEER) (SCRUTINY - CORPORATE RESOURCES AND HOUSING AND
PUBLIC PROTECTION) -
The report sought approval from Cabinet to
declare the land listed in the report surplus to the Housing
Division's operational requirements.
Authority was also sought for the Project
Management Unit acting as agent for the Housing Division to submit
Regulation 4 Planning Applications for the development of the land
for residential purposes and to determine the most appropriate
means of disposal once such applications had been
determined.
Cabinet had been made aware that the two local
Members for Dyfan Ward had not been consulted on the proposals.
As a result, it was subsequently
RESOLVED -
T H A T the matter be deferred to the next meeting of Cabinet to be
held on 23rd July, 2008 in order that all Ward Members
views can be obtained and that the report not only includes the
views of Members but the parcels of land the views referred to.
Reason for decision
In order that all Ward Member views can be sought.
C64
COWBRIDGE: COMPULSORY PURCHASE ORDER OF ABERTHIN ROAD LAND (DLD)
(SCRUTINY - LIFELONG LEARNING) -
Cabinet approval was sought for the completion
of the acquisition of the interests in the land of Aberthin Road
adjacent to Cowbridge School which were the subject of a Compulsory
Purchase Order. The land had been required in order to
provide the school with sufficient areas for playing fields.
Members were advised that the period of publication of the Notice
of Confirmation of the Compulsory Purchase Order had lapsed and no
objections had been received. The Council could now either
proceed by serving a General Vesting Declaration on the relevant
parties or by serving Notice to Treat and Notice of Entry.
Both routes would secure possession of the interests but as some
were rights as opposed to land it was advised that the option
Notice to Treat and Notice of Entry would be the preferred course
of action which would mean that entry would not have to be delayed
pending settlement of compensation.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the acquisition of the various interests in the land of Aberthin
Road adjacent to Cowbridge School be completed and the Director of
Finance, ICT and Property in consultation with the Leader be
authorised to agree and settle the compensation due.
(2) T H A
T the Director of Legal, Public Protection and Housing Services be
authorised to prepare, complete and execute any necessary legal
documentation.
Reasons for decisions
(1) To
complete the acquisition of the interests.
(2) To
effect the completion of the acquisitions.
C65 MATTERS
WHICH THE CHAIRMAN HAD DECIDED WERE URGENT -
RESOLVED - T H A T the following matters which
the Chairman had decided were urgent for the reasons indicated be
considered.
C66
SUPPORTED BUS SERVICES 88/89 BARRY - PENARTH - LLANDOUGH HOSPITAL -
CARDIFF BAY - CARDIFF (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Urgent by reason of the need for a
decision before the next Cabinet
A recent tendering exercise had taken place in
respect of supported Bus Services 88 and 89 and Cabinet was advised
that nine operators had submitted tenders and a summary was
included at Appendix A to the report. EST Bus Limited had
surrendered the current contract for services 88 and 89 early and
tenders had to therefore be invited for continued provision with
effect from 28th July, 2008. Analysis of the
tender results had been based on an assessment criteria or price,
vehicle age, DIPTAC specifications and the availability of
CCTV. There had been a significant increase in tender price
over the current provision and the company which had scored the
highest rating had not been affordable within current budget
limitations. Cabinet was also advised that in respect of
Service 89 a request had been received to re-route the operation to
run via Bridgeman Road, Penarth in both directions which would
provide easier access to properties on Bridgeman Road and would
still service Penarth Pier. Ward Members had been advised of
the content of the report and the comments that had been received
were detailed in the report.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the award of contract to First Cymru PLC for bus service 88 and
89 detailed in the report and to be effective from 28th
July, 2008 be approved.
(2) T H A
T the Director of Legal, Public Protection and Housing Services in
consultation with the Director of Environmental and Economic
Regeneration be authorised to prepare, complete and execute the
necessary contract upon such terms and conditions as deemed
appropriate arising from Resolution (1) above.
(3) T H A
T Service 89 be re-routed to run via Bridgeman Road, Penarth in
both directions.
Reasons for decisions
(1) To
ensure ongoing service provision for bus routes 88 and 89.
(2) To
ensure that Council's interests are adequately protected.
(3) To
provide improved access to Bridgeman Road following passenger
requests.
C67
SCHOOL TRANSPORT 2008-2011 RESULTS OF TENDERING EXERCISE AND AWARD
OF CONTRACTS (DEER) (SCRUTINY - LIFELONG LEARNING AND ECONOMY AND
ENVIRONMENT) -
Urgent by reason of the need to award
contracts
Cabinet was advised of a recent tendering
exercise that had taken place in respect of a number of school bus
services for contract renewal due to commence in September
2008. There were currently 93 contracts that were operating
with 18 different operators under the terms of either the Education
Act 1996 or Transport Act 1985. Three of the contracts had
been subject to an open tender and were due to start in September
2008. 37 operators had been sent tender documentation and 15
had submitted returns. One envelope had also been received
which had contained the wrong tender submission form. Cabinet
was advised that not all operators had tendered for all
contracts. Analysis of the tender submissions had weighted in
accordance with the agreed criteria with regards to price, vehicle
age, the availability of seat belts and CCTV. Appendix 1 to
the report detailed the results of the tender together with
recommendations for the award of the three contracts.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the award of contracts for the school bus services S14-Bryn
Hafren Comprehensive, S27-Cowbridge Comprehensive and S82-Ysgol Bro
Morgannwg be approved as follows:
S14 - New Adventure Travel - £129 new daily
price
S27 - New Adventure Travel - £167 new daily
price
S82 - C.J. Contract Travel Services - £94 new
daily price.
(2) T H A
T the Director of Legal, Public Protection and Housing Services in
consultation with the Director of Environmental and Economic
Regeneration be authorised to prepare, complete and execute the
necessary contracts upon such terms and conditions as deemed
appropriate, as a result of resolution (1) above.
Reasons for decisions
(1) To
ensure a continuing bus service provision from September 2008 which
the Council had a statutory obligation to provide.
(2) To
ensure that the Council's interests were adequately protected.
C68
APPOINTMENT OF LEA GOVERNORS ADVISORY PANEL (DLD) (SCRUTINY -
LIFELONG LEARNING) -
Urgent by reason of the need to ensure
compliance with the six month rule contained within the Policy for
the Appointment of LEA Governors
Cabinet was advised that the applications for
the appointment of current LEA Governors’ vacancies had been
considered at the Advisory Panel meeting held on 8th
July, 2008.
RESOLVED - T H A T the recommendations of the
Panel as detailed below be accepted.
|
School
|
Appointment
|
|
Albert Primary
|
Mrs. A. Niblett
|
|
Ashgrove School
|
Mr. B.T. Exell
|
|
|
Mr. D. Hampson
|
|
Barry Comprehensive
|
Mr. G.J. Ellis
|
|
Barry Island Primary
|
Cllr. S.T. Wiliam
|
|
Bryn Hafren Comprehensive
|
Mrs. P.L. Beaudette
|
|
|
Cllr. A.D. Hampton
|
|
|
Mr. A. Powell
|
|
|
Cllr. Mrs. K.A. Kemp
|
|
Colcot Primary
|
Mr. J. Jessey
|
|
Cowbridge Comprehensive
|
Mr. M.J. Clay
|
|
|
Cllr. G.C. Kemp
|
|
Dinas Powys Infant
|
Cllr. K. Hatton
|
|
Evenlode Primary
|
Cllr. P. Church
|
|
Fairfield Primary
|
Mr. N.J. Gibbs
|
|
|
Mrs. R.L. Jowett
|
|
Gladstone Primary
|
Rev. M.J. White
|
|
Gwenfo C/W Primary
|
Mr. N.J. Butcher
|
|
Holton Primary
|
Cllr. Mrs. P. Drake
|
|
|
Cllr. C.P.J. Elmore
|
|
Jenner Park Primary
|
Cllr. R. Bertin
|
|
Llancarfan Primary
|
Cllr. Mrs. K.A. Kemp
|
|
Llanfair Primary
|
Mr. N.B. Williams
|
|
Llangan Primary
|
Mr. H. Davey
|
|
|
Cllr. W.C. Vaughan
|
|
|
Mrs. J.E. Corwin
|
|
Llantwit Major School
|
Cllr. J. Clifford
|
|
|
Cllr. E. Hacker
|
|
Murch Junior
|
Cllr. K. Hatton
|
|
|
Cllr. C.J. Williams
|
|
Oak Field Primary
|
Mr. P. Tanner
|
|
|
Mrs. L.J. Ware
|
|
Palmerston Primary
|
Mr. D. Newland
|
|
Peterston-Super-Ely C/W/ Primary
|
Mr. S.L. Curtis
|
|
Rhws Primary
|
Cllr. H.J.W. James
|
|
|
Cllr. G.C. Kemp
|
|
Romilly Junior
|
Mr. W.K. Wilson
|
|
St Illtyd Primary
|
Mrs. B.K. Morgan
|
|
|
Mrs. H. Walter
|
|
St Nicholas C/W Primary
|
Mrs. S. Buckland
|
|
St Richard Gwyn R/C
|
Mr. D. Williams
|
|
|
Mrs. R.G. Carter (subject to ratification by
Diocesan Office in view of a request by the Governing Body to
increase their membership)
|
|
Sully Primary
|
Mrs. S. Humphreys
|
|
|
Mr. P. Tanner
|
|
Y Bont Faen Primary
|
Mr. I.B. Fernyhough
|
|
Ysgol Erw’r Delyn
|
Cllr. Mrs. M. Kelly Owen
|
|
Ysgol Gwaun y Nant
|
Mr. D. Treharne
|
|
Ysgol Gyfun Bro Morgannwg
|
Mr. G. Evans
|
|
|
Mr. H. Llewellyn-Morgan
|
|
|
Cllr. S.T. Wiliam
|
|
Ysgol Maes Dyfan
|
Mrs. P.M. Young
|
|
Ysgol Pen y Garth
|
Mr. C.P. Franks
|
|
|
Mr. D.J. Horgan
|
|
Ysgol Sant Baruc
|
Mrs. S.H. Dodd
|
C69 REQUEST FOR
CALL IN - RETAIL UNIT 57 WINSTON ROAD, BARRY (REF) -
Urgent by reason of the need to inform
Cabinet
The matter had previously been considered by
Cabinet at its meeting on 25th June, 2008. The
decision had been called-in by Councillor Mrs. K.A. Kemp with the
purpose of seeking clarification as to why the Cabinet had failed
to have proper regard to the views of local residents and further
failed to properly investigate what steps had been taken by the
leaseholder to dispose of the premises. At the Scrutiny
Committee (Corporate Resources) on 8th July, 2008
Councillor Mrs. Kemp had advised that in her capacity as local ward
member she had undertaken consultation with residents regarding the
proposed change of use. The general view of residents to the
opposition of the change of use was that it was likely to increase
the nuisance in terms of traffic, noise and litter. As a
result of the call-in the Scrutiny Committee recommended that
Cabinet be requested to reconsider its previous decision and refuse
to grant consent for the change of use of the retail unit at the
above location.
Having considered the reference it was
RESOLVED - T H A T a report detailing the
level of marketing of the unit that had taken place be presented to
the next meeting of Cabinet to be held on 23rd July,
2008.
Reason for decision
C70
INDUSTRIAL ACTION 16TH AND 17TH JULY, 2008
(DLD) (SCRUTINY - CORPORATE RESOURCES) -
Urgent by reason of the need to advise
Cabinet of likely industrial action in the Vale of
Glamorgan
The report advised Cabinet of the measures
that were being put into place to respond to the industrial action
proposed by members of UNISON and Unite on 16th and
17th July, 2008. The report outlined that it was
not possible to predict the response to the UNISON and Unite call
for action as any decision as to whether or not to participate
remained a matter for individual members of their Trade
Unions.
The report also highlighted that members of
other Trade Unions which had not concluded a ballot for strike
action were not entitled to ask their members to participate in the
industrial action. To do so, without conducting a ballot,
would amount to unlawful industrial action and open the Trade
Unions to the risk of legal challenge.
Local advice had been provided on issues for
all services including schools and had been addressed as
·
contingency plans
·
communications
·
implications for other agencies
·
contractual conditions/pay
·
administrative arrangements
·
access to emergency services
·
dispensations/exemptions/confirmation from the Trade
Unions.
UNISON had provided a list of
dispensations/exemptions from certain employees who would not be
required to engage in the proposed industrial action.
Dispensations applied to certain key services and staff who would
otherwise suffer a significant detriment. Details of the
dispensations had been circulated to managers and
head-teachers.
It was further noted that the decision on
whether or not to engage in industrial action would be a matter for
the individual. Staff taking industrial action on
16th and 17th July, 2008 would not be
paid.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the arrangements being put in place to respond to the threat of
industrial action be noted.
(2) T H A
T the Chief Executive and the Director of Learning and Development
be authorised to make the necessary arrangements and issue any
additional advice to maintain services as appropriate, following
consultation with the Leader and the Cabinet Member for Human
Resources and Equalities.
(3) T H A
T Directors brief their respective Cabinet Portfolio holders on the
potential impact of the industrial action in their service areas as
the position becomes more clear.
Reasons for decisions
(1) In
order to inform Members.
(2) To
enable consistent advice to be issued to managers, staff and
service users.
(3) To
ensure Members are kept informed.
C71
PENARTH CENTRAL RENEWAL AREA PROGRESS REPORT (REF) -
Urgent by reason of the need to inform
Cabinet
At the Scrutiny Committee (Housing and Public
Protection) on 30th June, 2008 Members had been apprised
of the progress of the group repair and community and environmental
schemes that were ongoing within the Penarth Central Renewal
Area. During discussion of the item reference was also made
to the ongoing situation at Penarth Heights in particular in
relation to general safety and security of the site. The Head
of Housing informed the Scrutiny Committee of the progress that was
being made by indicating that officers were pursuing a number of
routes to secure the tenancies of the four remaining occupied
properties. Members considered the issue of potential claims
to be made against the Council in the event of an accident
occurring and suggested that appropriate fencing be erected to
protect the Council's interest and that any costs incurred
associated with the fencing be recouped from the Capital Receipt
following the sale of the site. The Scrutiny Committee
therefore recommended that the Cabinet be requested to give
consideration to the installation of appropriate security fencing
at Penarth Heights.
Having considered the reference it was
RESOLVED -
(1) T H A
T a report on the options to alleviate security concerns and their
financial and legal implications be presented to the Cabinet
Meeting on 23rd July, 2008 together with an update on
the position in relation to the tenants and leaseholders on the
site.
Reasons for decisions
C72 EXCLUSION
OF PRESS AND PUBLIC -
RESOLVED - T H A T under Section 100A(4) of
the Local Government Act 1972 the press and public be excluded from
the meeting for the following items of business on the grounds that
they involve the likely disclosure of exempt information as defined
in Part 4 Schedule 12A (as amended) of the Act, the relevant
paragraphs of the Schedule being referred to in brackets after the
minute heading.
C73 BARRY
REGENERATION PARTNERSHIP PROJECT DEVELOPMENT FUND 2008/09 (DEER)
(EXEMPT INFORMATION - PARAGRAPH 14) (SCRUTINY - ECONOMY AND
ENVIRONMENT) -
Cabinet was presented with details of various
schemes for consideration for the current financial year and the
funding implications for the Barry Regeneration Partnership Project
Development Fund 2008/09.
The Council had an annual capital allocation
known as the Barry Regeneration Partnership Project Development
Fund to be used for feasibility, design and project management work
and where appropriate to lever in external grants. The
unallocated capital sum for 2008/09 was £300,000. Cabinet was
advised that Council officers were seeking assurances from
officials at WAG that additional funding was brought forward to
implement a three year rolling delivery plan. Whilst it was
thought prudent to continue to seek assurances from WAG it was
essential that approval was also given for work on certain schemes
to either continue or to commence. Cabinet approval was
requested for a number of schemes in order to use the unallocated
capital sum of £300,000 and that it be noted that in relation to
the King Square Public Art Scheme, Barry Central Station
Interchange, Barry Island Nells Point Interpretation Trail and the
Eastern Approaches Scheme, that they were subject to the
availability of the Council receiving match funding and adherence
to the Council's External Funding Framework.
This was a matter for Executive decision.
Having considered the report it was
RESOLVED -
(1) T H A
T the following schemes and associated expenditure as identified in
paragraph 5 of the report and summarised below be approved:
·
Holton Road Public Realm Improvements: £70,000.
·
Holton Road Shopping Areas: £16,000.
·
Barry Steam Railway: £2,000.
·
Barry Waterfront Marina: £10,000.
·
Barry Island Nell's Point: £10,000.
·
Innovation Quarter BSC: £2,000.
·
Innovation Quarter Medical Centre and Spine Road: £40,000.
·
Innovation Quarter Hydraulic Pump House: £10,000.
·
Project Management Unit: £85,000.
·
Highways Project: £25,000.
·
Landscape Design Service: £30,000.
(2) T H A
T the progression of the following schemes which would require
external grant funding support, the availability of Council
match-funding and adherence to the Council's external funding
framework as identified in paragraph 6 of the report and summarised
below be noted:
·
King Square Public Art: lighting scheme.
·
Barry Central Station Interchange: installation of
fencing.
·
Barry Island Nell's Point Interpretation Trail: implementation of
final phase of the Coastwatch Project.
·
Eastern Approaches: environmental improvements.
Reasons for decisions
(1) To
allow schemes to be undertaken in the current financial year.
(2) To
maximise external grant opportunities and to comply with the
Council's Financial Procedure Notes.
C74 PENARTH
ESPLANADE GARDENS: ITALIAN SHELTER (DEER) (EXEMPT INFORMATION -
PARAGRAPHS 12, 13 AND 14) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Cabinet had, in 2007, agreed that the
Directors of Environmental and Economic Regeneration and Finance,
ICT and Property in consultation with the Leader and Cabinet Member
for Policy and Regeneration progress contract negotiations with the
party with whom Heads of Terms had been agreed for the lease of the
Italian Shelter and that the other formal bids be re-explored to
determine if they were viable and reasonable. In the absence
of progress with the original preferred bidder the Shelter was duly
re-marketed and four proposals received. One of the proposals
had not been deemed suitable and the other three were the subject
of presentations to a Panel, the membership of which included the
Cabinet Member for Tourism and Leisure and the Head of Economic
Development and Leisure. The Panel had been keen to ensure
the decision on the preferred scheme had been based on the quality
of the proposal, details relating to which were given at the
meeting.
The preferred option had been accompanied by a
comprehensive business plan and as such Cabinet was asked to
authorise officers to prepare the necessary documentation to
proceed with the leasing of the Shelter.
This was a matter for Executive decision.
Having considered the report it was
RESOLVED -
(1) T H A
T the disposal proceed as detailed in paragraph 6 of the report and
be leased on terms and conditions to be negotiated and agreed by
the Director of Finance, ICT and Property in conjunction with the
Director of Environmental and Economic Regeneration, the Director
of Legal, Public Protection and Housing Services in consultation
with the Cabinet Member for Tourism and Leisure.
(2) T H A
T the Director of Legal, Public Protection and Housing Services be
authorised to prepare, complete and execute the necessary
documentation to effect the disposal.
Reasons for decisions
(1&2) To determine a way forward and
enable progress.
C75 SCHOOL
INVESTMENT STRATEGY - APPOINTMENT OF COWBRIDGE CONTRACTORS (DLD)
(EXEMPT INFORMATION - PARAGRAPH 21) (SCRUTINY - LIFELONG LEARNING)
-
Approval was sought to appoint the contractor
that would complete the final design of Cowbridge School and to
confirm the target price for the school and then, subject to
further approval, undertake the actual construction of Cowbridge
School.
Cabinet had been informed on 28th
May, 2008 that the New Engineering Construction (NEC) contract had
been used to select the contractor to complete the re-development
of Cowbridge School. The NEC contract was a form of contract
that had been recommended by the Office of Government Commerce
(OGC) for all public sector construction procurement.
The NEC contract that was used was a two stage
process. The first stage had selected the preferred bidder
based upon a combination of cost and quality, weighted as 30% cost
and 70% quality. In the second stage of the process, the
selected bidder could be requested to develop the final design of
the project within the target price set by the Council.
The results of the first stage of the tender
process was shown at Appendix 1 to the report. The cost
element had been determined from the price tender submission and
the quality element had been based upon the experience of the
contractor, method statement, innovation / adding value, supply
chain management, culture of the organisation and experience of
working within a partnering environment. As a result of the
selection process Carillion had been recommended as the selected
contractor. They would be appointed to support the existing
design team to complete the design of Cowbridge School within the
available budget of £16.5 million for Phase 1 and Phase 2 for a
further £5 million when the funds were identified. The fee
for this element of the final design would be £65,854.
Cabinet was further advised that Carillion had scored the highest
on quality and were the lowest in terms of overall price, having
also substantial experience in terms of delivering school buildings
including those within Wales.
Cabinet would receive a further report in the
autumn which would confirm the cost of Cowbridge School as well as
highlight how the risks would be managed. It would be at that
time that the Council would need to confirm that the construction
of the school could commence.
This was a matter for Executive decision.
Having considered the report it was
RESOLVED - T H A T the selection of Carillion
as the preferred contractor be approved.
Reason for decision
To progress the redevelopment of Cowbridge
School.