CABINET
Minutes of a meeting held on 21st
January, 2009.
Present: Councillor G.C. Kemp
(Chairman); Councillor T.H. Jarvie (Vice-Chairman); Councillors
Mrs. J.E. Charles, P. Church, G.A. Cox, A.M. Ernest, A.D. Hampton,
H.J.W. James, R.L. Traherne and Mrs. D.M. Turner.
Also present: Councillor Mrs. M.R.
Wilkinson.
C282
MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 17th December, 2008 be approved as a correct
record.
C283
DECLARATIONS OF INTEREST -
No declarations were received.
C284
CABINET SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) -
The following minutes of a meeting held on
19th November, 2008 were submitted:
“Present: Councillor H.J.W. James
(Chairman); Councillors P. Church and A.M. Ernest.
(a)
Apologies for absence:
These were received from Councillor A.D.
Hampton.
(b)
Minutes -
The minutes of the meeting held on
3rd September 2008 were approved as an accurate
record.
(c) Declarations of
Interest -
No declarations were received.
(d)
Objection to five Public Footpath Diversion Orders (DEER)
-
Committee were advised of objections
received to five Public Footpath Diversion Orders.
The following Orders were advertised on
27th August and one on
2nd September:
·
Public Footpath No. 6 Penarth
·
Public Footpath No. 8 St. Andrews Major
·
Public Footpath No. 11 St. Lythans
·
Public Footpath No. 3 St. Nicholas
·
Public Footpath No. 7 Ystradowen.
Each of the Orders were the subject of an
objection from a gentleman who lived in Gosporth, Newcastle upon
Tyne, with regard to the width of the proposed path (1
metre). The reason for each objection was that the proposed
width was “too narrow to allow persons using the path to meet and
pass in contra direction”. Subsequent negotiations with each
of the landowners had resulted in agreements that the proposed
width could be increased by 50% to 1.5m in each
case.
In one case (Public Footpath No. 7
Ystradowen) the correspondent had raised an additional objection
that “the description of the proposed route refers to two
“stiles”. These would be limitations, and should be recorded
as such. Further, stiles should conform to BS5709”.
The Director had replied to the objector,
informing him of the agreed increased width of each path, that the
Director was willing to list the stiles as limitations in the
Order, and that, along with any stile authorised in the Vale of
Glamorgan, they would conform to the current British
Standard. The objector agreed to withdraw his objections on
this basis with the added proviso that the compliance with BS5709
were also included in the wording of the Order.
The Council could not confirm an Order to
which is had received a valid objection that had not been
withdrawn. Discussions could be entered into with an objector
in an attempt to satisfy the objections and have them withdrawn,
but if unsuccessful the Order and the objection had to be submitted
to the Planning Inspectorate for a decision.
It was reported that the Council could if
it wished reconsider the making of an Order in the light of the
objections received and withdraw from making it. This was
appropriate where an Order had been instigated by the Council as
part of the Definitive Map review, and may be less so when an Order
has been agreed at the request of a landowner. However, the
view of the Inspectorate was that an objector should be allowed the
opportunity to fully air their objections once made.
If amendments were agreed with an
objector, the Council could not itself make those amendments to the
Order, only an Inspector could do this. The Council could
there submit an Order to the Planning Inspectorate with a request
that an Inspector confirm the Order with agreed amendments to
satisfy the objector. Alternatively, the Council could
withdraw an Order and make a new Order to include the amendments it
wished to add, and begin the advertising procedure over
again.
Having considered the report, it
was
RESOLVED - T H A T the Director of Legal,
Public Protection and Housing Services be authorised to submit the
Diversion Orders and objections for Public Footpath No. 6 Penarth,
Public Footpath No. 8 St. Andrews Major, Public Footpath No. 11 St.
Lythans, Public Footpath No. 3 St. Nicholas and Public Footpath No.
7 Ystradowen to the Welsh Assembly Government, with a request that
the Orders be confirmed with amendments.
Reason for decision
Amendments had been negotiated and agreed
with the objector that would result in his withdrawal of objections
to each of the Orders.
(e)
Dedication of Public Footpath at Birchgrove Wood, Barry (DEER)
-
The Sub-Committee were informed of a
request to add a new path to the Definitive Map of Public Rights of
Way running over land in the Council’s ownership, and approval was
sought for the making of the relevant Creation
Order.
In 2000 the Birchgrove Wood Conservation
Group had constructed a new path into the woods leading from the
end of Maes-y-Coed. The woods were owned by the Vale of
Glamorgan Council and the work was carried out by the Conservation
Group with the co-operation of Park and Ground Maintenance, who
managed the lane.
In order to regularise the future
maintenance of the new path and enable it to be shown on the
Definitive Map, the Group had asked that the Council dedicate it as
a public footpath.
Discussions with the Operational Manager,
Parks and Grounds Maintenance, had revealed no objections to the
path being made a public footpath, and the Group had been informed
that the path would be considered for inclusion on the Definitive
Map at the next review.
The Definitive Map was currently being
reviewed, and it was now felt to be an appropriate time to consider
its inclusion.
RESOLVED - T H A T the Director of Legal,
Public Protection and Housing Services be authorised to make an
Order under Section 26 of the Highways Act 1980 to create a Public
Footpath within Birchgrove Wood between the end of Maes-y-Coed to
its junction of Public Footpath No. 62 as shown on the map attached
to the report as a dashed line between A and B, and provided no
objections are received, be authorised to confirm the
Order.
Reason for decision
The Order was required to formalise the
situation existing on the ground and accurately reflect it on the
Definitive Map.
(f) Objection
to Public Footpath No. 1 Llansannor Extinguishment Order (DEER)
-
The Sub-Committee were informed of
objections received to the Order Extinguishing Public Footpath No.
1 Llansannor.
The Vale of Glamorgan Council was
currently updating the Definitive Map of Public Rights of Way in
order to correct anomalies and had been working with Lafarge with
regard to Public Footpaths No. 1 and 3 Llansannor. Both paths
had been severely affected by historic quarrying and both paths
were still shown crossing the quarry face, thought these routes
could not be walked. Whilst not working at present, the
quarry was still “live” and was able to recommence quarrying at a
moment’s notice.
The Council had endeavoured to correct the
anomalies since the early 1980s and it was felt highly unlikely
that the quarry would ever be filled in so that the old routes
would become walkable again. It was presently unsafe
for walkers to proceed through the quarry.
Public Footpath No. 3 Llansannor was the
subject of a Diversion Order, which would take the affected length
of the footpath away from the quarry face and through Coed Breigam
woodland to the south. It would form a new link from the road
on the west of Garwa Quarry with the road on the east of the
Quarry.
Public Footpath No. 1 Llansannor, however,
was the subject of an Extinguishment Order as the whole length of
this path was contained within the area of land that had planning
permission to be quarried and no suitable alternative could be
agreed upon either within or outside the quarry’s land
ownership.
Both Orders were made under the Highways
Act 1980 on 24th June 2008 and were advertised in the
South Wales Echo on 8th September 2008 and
simultaneously advertised on the site.
A letter had been received from a resident
of St. Mary Hill on 30th July 2008, with regard to the
creation of circular route of public rights of way in the area in
order to encourage more use by dog owners and stating that the
footpath should not be closed. The Rights of Way Officer
responded on 1st August saying that although a diversion
of the northern boundary bund had been considered in order to
create a circular route, the quarry had rejected the proposal on
the grounds of Health and Safety and that he had had to
concur. The correspondent was asked to clearly state that he
wished to object to the Order. Since there was no response to
this reply, a further letter was sent to the correspondent on
28th August request that he confirm in writing that he
did indeed wish to object to the Order but again no reply was
received. A final letter was sent to him on 18th
September informing him that the Order was to be confirmed on
24th September unless he corresponded to the
contrary.
On the strength of this, the Order was
confirmed on 24th September 2008 and advertised on site
and in the South Wales Echo, and a copy sent to the
correspondent. On 7th October 2008 the Council
received a letter, dated 3rd October 2008 from him
stating that he had sent a letter on 8th September 2008
confirming that he now objected to the Extinguishment Order stating
that “there is no safe alternative route to the closure of this
footpath”. The letter had not been received by the Council
and was not logged on the incoming mail database as having been
received.
The alternative route is Public Footpath
No. 2 Llansannor, which links Public Footpath No. 1 Llansannor to
Public Footpath No. 3 Llansannor, whose Diversion Order having been
confirmed on 8th September 2008 would proceed to a
completed diversion through Coed Breigam.
The Council could not confirm an Order to
which it had received a valid objection that had not been
withdrawn. Discussions could be entered into with an objector
in an attempt to satisfy the objections and have them withdrawn,
but if unsuccessful the Order and the objection must be submitted
to the Planning Inspectorate for a decision.
In the particular case of Llansannor No. 1
however, it was felt that the original letter did not meet the
basic criteria for being a valid objection, and opportunities were
afforded the correspondent to make such an objection but no
response was forthcoming. Consequently the Order was
confirmed. Officers felt that the objection now with the
Council would have been valid if received within the objection
period of the Notice of Making, and as it was received within the
objection period of the Confirmation, it could and it was felt
should, be accepted as a valid objection to that part of the
process, and unless withdrawn, it should be referred to the
Planning Inspectorate for a decision.
In order to clarify the situation,
external legal advice had been sought on the status of the letter
dated 3rd October 2008.
The advice received had stated:
“The Council made the Order to extinguish
the right of way on 24th June 2008. I have assumed
this complied with Schedule 6 of the Highways Act 1980.
Mr. Poole objected to the confirmation of that Order on
27th July 2008 (objections were to be received by
6th August 2008). In the Council’s replies of
1st and 28th August 2008 you confirmed that
the Council was treating Mr. Poole’s letter as an
objection.
The Council then took a view of the
adequacy of Mr. Poole’s objection that before they would refer the
objection to WAG it “must contain a form of words that clearly and
unequivocally state that you “object to the Order””. The
first sentence of Mr. Poole’s letter of 27th July states
“This footpath should not be closed”. That is an unequivocal
objection.
Regrettably the Council are wrong on this
point. Mr. Poole’s letter of 27th July is an
adequate objection. Therefore the Council are required to
submit the Order to WAG for confirmation.
On 24th September 2008 the
Council purported to confirm the Order and publish the various
notices. The confirmation of the Order by the Council is a
nullity as the Council had no legal power to do it.”
Having the considered the legal advice
received, it was
RESOLVED -
(1) T
H A T the making of the Extinguishment Order for Public Footpath
No. Llansannor be not proceeded with.
(2) 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.
Reasons for decisions
(1)
Having regard to the legal advice received.
(2)
The Extinguishment Order is requested to reflect the current
situation existing on the ground.”
- - - - - - - - - -
RESOLVED -
(1) T H A
T the minutes be noted.
C285
CORPORATE PARENTING PANEL -
The following minutes of a meeting held on
3rd December, 2008 were submitted:
“Present: Councillor Dorothy Turner
(Chairman), Councillor AD Hampton, Councillor Margaret Alexander,
Mr Phil Evans (Director of Social Services), Mr Bryan Jeffreys
(Director of Learning and Development), Jenny Smith –
Specialist Teacher (LAC), Vic Thomas – Principal Officer – Children
and Family Services, Mark Petherick Cabinet Officer.
|
|
Action
|
|
(a)
Apologies for Absence –
No Apologies were received.
(b)
Declarations of Interest –
No Declarations were received.
(c)
Welcome from Director of Social Services -
The Chairman welcomed everyone to the
meeting and introduced the Director of Social Services to undertake
the formal welcome.
Phil Evans liked to thank all for
attending and was pleased that this panel was meeting again. He
stressed that the panel will be dealing with children who have had
a lot of trauma in their lives, and the challenge for the panel
would be to look after their interests as if they were our own
children.
The Director went on to explain that this
first meeting was to act as a sounding board for future meetings
and that the next task would be to focus on an action plan to work
on those areas that are deemed problematic. He further explained
that this would be achieved through the production of a baseline
report which would help to highlight these areas.
Bryan Jeffreys agreed and explained that
working together would help to establish where we are now and allow
the panel to focus on future priorities.
(d)
Terms of Reference
Dorothy Turner worked through the terms of
reference and explained the membership of the panel.
Councillor Turner went on to say that the
panel could benefit from having a care leaver as a representative
and asked if Jenny to make contact with Care leavers to see if they
would like to attend future meetings of the Panel.
Phil Evans explained that it was important
that any young person attending the panel did so under a clear
framework for participation and the focus would be on the general
rather than individual cases.
Bryan Jeffreys explained that he would
have a look at budgets to see if there would be the chance of
gaining remuneration or expenses for participation by the care
leaver in any work they undertake on behalf of the panel.
Dorothy Turner suggested that the panel
produces an annual survey to act as a measure of the panels work.
She explained that it is important that the panel finds some sort
of methodology to assess if it is making a difference or not by
asking specific questions.
(e) Key
Questions Report – Base line Report
Phil Evans said that this report should be
used as the baseline for questions and the paper was a work in
progress. Phil and Bryan will look at this base line paper
and bring back further answers to the questions at the next panel
meeting.
Once the baseline report is finalised the
panel would produce an individual pack to all Members of the
Council.
(f) Forward
Work Plan
The forward work plan will be produce at
the next meeting following discussion on the baseline
report.
(e)
Future Meeting Dates
The following dates were agreed;
Wednesday January 21
Wednesday April 22
Wednesday September 2
Wednesday December 2
All meetings will be held at 4.00pm. The
next meeting will be held in Bryan Jeffreys Office, Provincial
House.
|
Jenny Smith to report back at the next
meeting.
Bryan Jeffreys to report back at next
meeting
Bryan Jeffreys and Phil Evans to report to
next meeting
|
- - - - - - - - - -
RESOLVED -
(1) T H A
T the minutes be noted.
(2) T H A
T it be noted that Councillor Mrs. M.E.J. Birch had now replaced
Councillor Ms. M.E. Alexander on the Panel.
C286
CABINET SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) -
The following minutes of a meeting held on
17th December, 2008 were submitted:
“Present: Councillor H.J.W. James
(Chairman); Councillors P. Church, A.M. Ernest and A.D.
Hampton.
(a)
Minutes -
The minutes of the meeting held on
19th November, 2008 were approved as an accurate
record.
(b)
Declarations of interest -
Councillor A.D. Hampton declared a
personal interest in this matter as he had taken part in previous
meetings prior to being appointed to the Public Rights of Way Sub –
Committee.
(c) Wildlife and
Countryside Act 1981 - Schedule 14 Appeal, Footpaths at Cwm Ciddy
and Porthkerry, Barry (DEER) -
The Sub-Committee were reminded that,
following an application from a member of the public, the
Sub-Committee at its meeting on 21st April, 2008 had
resolved not to make an Order modifying the Definitive Map by
changing the status of the three Public Footpaths to
Bridleways. The applicant submitted an appeal against the
decision to the Planning Inspectorate on 2nd May,
2008. The matter was dealt with by written representations,
and the findings and recommendations released on 21st
November, 2008.
The Council had been instructed to make
the Order by the Planning Inspectorate. The Order will be
advertised in the usual way, allowing statutory bodies and members
of the public to object if they so wished. If no objections
are received, or received and subsequently withdrawn, the Council
may confirm the Order, and ensure that whatever works are required
to bring the new path into being are satisfactorily carried
out. If any objections are received and not withdrawn, the
Council cannot confirm the Order but must submit it and any
objections to the Planning Inspectorate for a decision.
Members were advised that correspondence
had been received over the previous few days from Margaret and
James Barton which referred in some detail to the proceedings of
the Planning Inspectorate’s hearing and attached correspondence
from their Legal Advisor.
Due to the fact that there had been
insufficient time to give full consideration to the issues raised
in the correspondence it was
RESOLVED – T H A T this
item be deferred until such time as consideration could be given to
the issues raised in the correspondence placed before the
Sub-Committee and a full response to the correspondence could be
prepared.
Reason for decision
In order to prepare a considered
response.”
- - - - - - - - - -
RESOLVED - T H A T the minutes be noted.
C287
FREE USE OF COUNCIL OWNED LEISURE / SPORTING FACILITIES FOR ALL
SERVING SERVICE PERSONNEL (REF - MIN. NO. 691) -
The Scrutiny Committee (Economy and
Environment) had, on 16th December, 2008 considered a
request for consideration from Councillor R.F. Curtis as to the
feasibility of setting up a scheme which would allow free access to
Council-owned leisure / sporting facilities for all armed forces
personnel whilst on leave. The Committee had considered that
there was merit in trialling such a scheme, that it could prove a
useful marketing tool and that there was a possibility of future
reciprocal arrangements being offered at St. Athan as leisure
facilities developed there. The Committee subsequently
recommended that Cabinet favourably consider granting free use of
the Council’s leisure facilities to all serving service personnel
whilst on leave, subject to the conditions and caveats contained in
the report and referred to at the meeting, for a trial period of 6
months from 1st April, 2009, with any consequent deficit
in income being met corporately.
This was a matter for Executive decision.
RESOLVED - T H A T the recommendation of the
Scrutiny Committee (Economy and Environment) be accepted in
principle, namely “that the Cabinet favourably consider granting
free use of the Council’s leisure facilities to all serving service
personnel whilst on leave for a trial period of six months from
1st April, 2009 with any consequent deficit in income
being met corporately”, be accepted and that the methodology of
operation, including ways in which the number of persons
participating under the scheme would be monitored be submitted to
Cabinet well in advance of the proposed implementation of the
trial.
Reason for decision
To support the principle that the Council help
all current serving service personnel whilst on leave and
understand fully the way in which the scheme would be operated.
C288
OCCUPATIONAL THERAPIST TASK AND FINISH GROUP (REF) -
The Scrutiny Committee (Social Care and
Health) had, on 12th January, 2009 considered the
recommendations of Scrutiny Committee (Housing and Public
Protection) in relation to the recommendations of the Task and
Finish Group and had accepted the same. The Scrutiny
Committee (Social Care and Health) had agreed that Recommendation
(8) of the Task and Finish Group be redrafted in simpler terms and
had further agreed that the recommendations as amended at the
meeting be inserted into the report of the Task and Finish Group
and referred to Cabinet for consideration. The Cabinet Member
extended thanks to the Group for the work undertaken.
This was a matter for Executive decision.
RESOLVED - T H A T the recommendations of the
Scrutiny Committee (Social Care and Health) be agreed subject to
the Director of Finance, ICT and Property Services confirming that
there were no cost implications as a consequence of abolishing
means testing below £8k. for a disabled facilities grant
(recommendation 6).
Reason for decision
To allow implementation of the recommendations
of the Task and Finish Group.
C289
ALLOCATION OF FUNDING UNDER THE VOLUNTARY ACTION SCHEME 2009/10
(REF) -
The Voluntary Sector Joint Liaison Committee
had, on 14th January, 2009 considered the
representations of a Joint Working Group relating to the award
of grants under the above scheme. The Committee had
been made aware that the sum available for allocation, subject to
the necessary funding being approved by Council, was £164k.
Members noted that the amount recommended to be awarded to
organisations had been less than requested in every case and
expressed their dissatisfaction with the amount of money that had
been allocated to the scheme which had not increased since the
inception of the scheme. The Committee had subsequently
requested Cabinet to approve grants under the Voluntary Action
Scheme 2009/10 in the sum of £164k. for 2009/10, £123k. for 2010/11
and £64k. for 2011/12 as detailed in the report and requested
Cabinet to consider the allocation of money for the scheme since
that had not increased for a number of years.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the award of grants be deferred to the next meeting of
Cabinet.
(2) T H A
T a report be submitted simultaneously detailing the operation of
the scheme in its entirety.
(3) T H A
T the recommendation of the Committee in relation to consideration
being given to increasing the allocation of money for the scheme be
not agreed.
Reasons for decisions
(1&2) To receive additional
information and to allow further consideration thereafter of the
allocation of grants under the Voluntary Action Scheme.
(3) The
proposal is considered unrealistic in the current financial
climate.
C290
WALES AUDIT OFFICE (WAO) ANNUAL LETTER 2007/08 (CX) (SCRUTINY -
CORPORATE RESOURCES) -
The Annual Letter had been published in
December 2008 and a copy was appended to the report. The view
was strongly expressed by the Chief Executive that whilst 2008 had
been a good year for the Council, it had been difficult to
ascertain that from the Letter. In 2006 the WAO had published
a brief note on how it intended to conduct its work focusing on 3
key principles of rigour, clarity and brevity. The Letter
covered 36 pages. The Chief Executive considered that the
Letter was of less value in apprising Members, senior officers and
the general public of where the Council stood in terms of its
relative performance over time and in comparison with other
Councils, partly reflecting the apparent “one size fits all”
approach adopted by the WAO in terms of the work it prescribed for
Councils irrespective of whether such work was justified by local
circumstances and in terms of how the results were presented.
Despite long discussions with the WAO on the content of the Letter,
the document was considered by the Chief Executive to reflect an
audit culture of continuing detailed critical comment
disproportionate to the reality of the Council’s good performance,
particularly having regard to its relatively low revenue spending
base.
Particular attention was focused in the Chief
Executive’s report on a small number of points which, if not
challenged, it was considered could result in further critical
comment next year. One such point related to the comment made
that “corporate arrangements subject to review showed some
strengths and notable areas for improvement” although the WAO
needed to clarify what was meant by “notable” as it was not obvious
from the report. Another point related to the content of
paragraph 39 of the Letter in which reference was made to data
provided directly to WAG by schools and thence from WAG to the
Council. A third point related to page 17 of the Letter,
specifically Standards of Conduct where it was difficult to see how
and why the Council should do what was being suggested.
Whilst the auditors had been asked to provide an example of best
practice elsewhere no information had been received to date.
The Letter also outlined the audit and inspection fees for 2007/08
which totalled £274,353 compared with a figure of £267,057 for
2006/07. The view was expressed by the Chief Executive that
rather than assuming that the WAO could increase its charges every
year, the WAO should consider instead whether some of the work it
undertook was needed, reference being made to its “performance
work” and the work undertaken as part of national studies carried
out in which the Council was obliged to participate. It was
accepted, however, there were issues contained therein which
required further consideration.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the letter be referred to the Audit Committee and that the
Relationship Manager be invited to address the concerns expressed
above and in the report.
(2) T H A
T a report be submitted to Cabinet at the earliest opportunity on
the management of capital projects and the methods of procurement
for those projects.
Reasons for decisions
(1) To
provide for detailed consideration of the Letter.
(2) To
provide further information.
C291
REGULATORY PLAN 2008/09 (CX) (SCRUTINY - CORPORATE RESOURCES)
-
The Council’s Relationship Manager (RM) was
required to produce a Regulatory Plan annually in consultation with
those other regulators to identify a programme for audit and
inspection required throughout the year which was intended to
assist the Council in achieving continuous improvement. A
copy of the Regulatory Plan was appended to the report. The
Plan had been considered by the Corporate Management Team,
the comments of which were detailed in the report.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the report and Regulatory Plan be referred to the Audit Committee
and that the Relationship Manager be invited to address the
concerns raised in the report.
(2) T H A
T the views of the Audit Committee be reported back to Cabinet on
4th February.
Reasons for decisions
(1&2) In order to progress
consideration of the Regulatory Work Programme.
C292
PROPOSED LEARNER TRAVEL WALES MEASURE - CONSULTATION IN RESPECT OF
THE OPTION TO CHANGE SCHOOL HOURS AND THE PUBLICATION OF
INFORMATION IN RESPECT OF SCHOOL TRANSPORT (DEER) (SCRUTINY -
ECONOMY AND ENVIRONMENT) -
Members were informed of the consultation
exercise currently being undertaken by WAG on the option to change
school times and also the requirement to publish information on
School Transport Policies for the 5-16 age group (it being noted
there was already a requirement to publish information annually for
Post 16 School Transport). The Changing of School Session
Time (Wales) Regulations 2009 were made under Section 32 of the
Education Act 2002 as amended by the Learner Travel Wales Measure
2008, which, in effect, enabled Local Education Authorities to
change the start and finish times of schools where it was
considered that such action would promote the use of sustainable
modes of transport or improve the efficiency or effectiveness of
their travel arrangements. It was noted that extensive
consultation would be required. In respect of the Publication
of Information, the new measure aimed to make it a requirement to
make this available and publish more comprehensive information for
school pupils. It was recognised that, however, it was
important that the information published was not specific as to
routes and timetables since those were often subject to change at
short notice because of operational issues.
This was a matter for Executive decision.
RESOLVED - T H A T the response as appended to
the report - that the Council was generally supportive of the
proposal but that, as indicated above, specific timetable
information be made available on request from the Transport
Section of the Council - be endorsed.
Reason for decision
To endorse the Council’s response.
C293
DYFFRYN HOUSE - EXTERNAL ENVELOPING WORKS (DEER) (SCRUTINY -
ECONOMY AND ENVIRONMENT) -
By way of background it was explained that a
budget of £1.411m. had been allocated in the Capital Programme for
the purpose of external repair to Dyffryn House back in February
2005 (Min. No. 618 refers). Details of budget spend were
contained within the report. It was anticipated that there
would be a surplus on the allocated budget at the end of the
current financial year and authority was sought to carry over any
remaining figure to 2009/10. Since the majority of the budget
was also at present only authorised for external repairs, approval
was sought for internal repairs to be undertaken as an addition,
such work including:
·
rendering to the eastern elevation of the service courtyard
·
provision of double gates to the service courtyard
·
asbestos removal
·
refurbishment of internal doors
·
ongoing flood alleviation works
·
possible minor works and improvements to facilitate the enhanced
use of the former dining hall area.
The total surplus budget for the scheme was
currently predicted to be £90k.
This was a matter for Executive decision.
RECOMMENDED - T H A T the surplus for the
budget allocated for the purpose of external enveloping works to
Dyffryn House be carried over into the financial year 2009/10 and
be spent on further repairs to include the interior of the House
and that the Director of Finance, ICT and Property Services report
the matter to Council as part of her report on the Capital
Programme.
Reason for decision
To progress further internal and external
repairs to the House in 2009/10.
C294
CATERING SERVICES: DYFFRYN GARDENS AND COSMESTON LAKES COUNTRY PARK
(DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Both the Café facilities at Cosmeston Lakes
Country Park and the newly constructed Tea Rooms at Dyffryn Gardens
were currently managed by the Council’s Catering Service.
Authority was sough to explore external interest in the delivery of
catering services at Dyffryn Gardens and Cosmeston Lakes Country
Park for the reasons indicated within the report. As regards
Cosmeston Lakes County Park, despite an estimated 250-350k.
visitors, the annual turnover for the Café was less than £1 per
visitor; nor was any return achieved on the premises, there
being no rental for the Café or kitchen area. At Dyffryn
Gardens, the Tea Rooms last year failed to reach income targets and
suffered substantial overspends leading to a shortfall of nearly
£12k. against estimates although an improved position was expected
in the current year.
Having regard to the potential to increase
income and / or reduce costs significantly at both venues,
authority was sought to explore external interests in delivering
catering services at both sites in partnership with the
Council. A further report would be submitted to Cabinet with
the full financial, staffing and other implications of all options
available once expressions of interest had been established.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T proposals be invited for the delivery of catering services at
Dyffryn Gardens and Cosmeston Lakes Country Park.
(2) T H A
T a further report be submitted to Cabinet addressing the details
and full implications of the options available for the delivery of
the Service.
Reasons for decisions
(1) To
establish information on the costs and benefits of alternative
means of provision.
(2) To
consider the way forward.
C295
SUPPLEMENTARY PLANNING GUIDANCE: COUNTY TREASURES (DEER) (SCRUTINY
- ECONOMY AND ENVIRONMENT) -
The report detailed the results of a
consultation exercise carried out relating to the draft
Supplementary Planning Guidance (SPG) County Treasures which had
been developed to support the policies and proposals contained
within the Adopted Vale of Glamorgan Unitary Development Plan 2005
(UDP). The consultation process had consisted of a letter
sent to every building included on the local list as well as
targeted consultation with interested parties. The Cabinet
Member drew attention to the fact, however, that no local Ward
Member consultation had been undertaken. Since it was
considered that County Treasures related very much to the
communities in which they were sited, it was
RESOLVED - T H A T consideration of the report
be deferred.
Reason for decision
To allow Ward Member consultation to take
place.
C296
THE VALE OF GLAMORGAN NATIONAL CYCLE NETWORK 88 - FEASIBILITY STUDY
(DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet was informed of a feasibility study
prepared by Sustrans, the National Cycle Charity, into extending
the National Cycle Network (NCN), through the Vale of
Glamorgan. The report also outlined the difficulties
experienced in funding cycling initiatives and made recommendations
on the investigation of funding future cycling improvements within
the Vale with particular emphasis placed on the development of the
NCN and connections to the proposed Pont Y Werin over the River
Ely. A copy of the feasibility study had been made available
in the Members’ Room.
It was accepted that the development of the
NCN through the Vale of Glamorgan would be a major undertaking
requiring significant and ongoing financial commitment for the
Council if it were to be successful. Whilst the development
and promotion of cycling and walking was a fundamental constituent
in a number of Council Policy documents, in recent years
improvements to infrastructure and the promotion of cycling and
walking within the Vale had been largely reliant upon external
funding such as Section 106 agreements or through the securing of
grant funding from WAG.
A possible preferred route had been identified
within the feasibility report and cost estimates provided.
Caution was urged in that the cost estimates had been based on
previous experience of work on similar routes developed by Sustrans
across the UK and took no account of local issues. In
identifying the NCN through the Vale, the report accepted that some
sections of the route might be difficult to implement either
because of limitations on financial resources at the time or
because land ownership issues might require potentially long and
protracted negotiations. It was suggested that, in such
circumstances, interim routes which ran along quiet country lanes
and required little more than signposting could be utilised.
However the feasibility study clearly identified those sections of
the NCN88 which should be afforded priority.
A significant objective of an NCN link through
the Vale had always been considered to be the connections with the
adjoining local authorities of Cardiff and Bridgend. This
Council had committed both political and financial support to Pont
Y Werin which, when complete, would form a major element of the NCN
route 88. To date the scheme had committed finances of
£1.15m. from the Sustrans co-ordinated National Lottery Connect2
Big Lottery Fund, £1.3m. from Cardiff Council, £250k. from Cardiff
Harbour Authority and £200k. from this Council. Both
Pont Y Werin and NCN 88 were included within the South East Wales
Transport Alliance’s 5 year Transport Grant programme. A
condition of the Connect2 Grant for Pont Y Werin was that the
Council would be required to sign a “Memorandum of Understanding”
(MoU) with Sustrans and discussions were currently underway in that
respect. Cardiff Council would be required to provide a
similar commitment. It was also noted that there would be an
additional need for funding to develop the connections which would
be required by the MoU and investigations into ways of meeting that
obligation using Section 106 money which would be generated from
developments in the locality as well as future grant funding were
underway.
The plan at Appendix 2 to the report
illustrated the extent to which the NCN in Wales had developed in
recent years. In order to maximise the funding available for
sustainable transport (including cycling), a Draft Supplementary
Planning Guidance (SPG) on Planning Obligations was currently being
consulted upon. That SPG contained a section on Sustainable
Transport and outlined when and in what proportion the Council
would seek contributions from developers to provide alternatives to
the private car. It was accepted that the development of the
NCN 88 through the Vale of Glamorgan as identified in the Sustrans
study was both desirable and feasible, but that the progression of
the construction of the route would necessarily be piecemeal and
protracted.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the contents of the Feasibility Study be noted.
(2) T H A
T the principle and route of the National Cycle Network throughout
the Vale of Glamorgan as detailed within the report be
endorsed.
(3) T H A
T the importance of cycling as an alternative mode of transport be
recognised and that means of funding cycling initiatives and the
development of the NCN be linked to ongoing work relating to grant
funding as well as through Planning Obligations which were
increasingly being used to seek contributions for sustainable
transport improvements.
Reasons for decisions
(1) To
inform Members of the Sustrans NCN feasibility study.
(2) To
confirm the commitment of this Council to developing the route
through the Vale.
(2) To
identify funding sources and opportunities for cycling initiatives
within the Vale.
C297
SICKNESS ABSENCE REPORT - MONTHLY UPDATE (DFICTP) (SCRUTINY -
CORPORATE RESOURCES) -
Activity during the past month had focused on
implementation of the Management of Attendance Policy across
Council. Training for Chief Officers had been completed and
144 managers and supervisors had also been trained with 5 sessions
scheduled over the next month to cover the remainder, including 3
tailored sessions to cover specific departments. Processes
and documentation had been revised to enable optimum usage of the
new policy. Reporting procedures were now in place to monitor
application of the policy and Advisory Notice meetings were in
progress for individual staff with HR also meeting with managers in
“problem” areas to identify appropriate actions. Meetings
were currently being scheduled for Councillors and Chief Officers
to review sickness in their areas of responsibility in conjunction
with HR, Occupational Health and Directorate Champions to identify
problem areas, review specific issues and target solutions.
Communications work was also ongoing to emphasise the Council’s
commitment to reducing sickness absence and campaign branding was
underway with further reminders regarding absence and the new
policy in particular to be included with payslips and on posters to
reach non-office based staff.
Full details of progress achieved and planned
activities were appended to the report as was detailed information
relating to Directorates / Service / Teams which set out targets
and absence from April to November, long and short term, along with
Quarter 2 cumulative figures (April to September). It was
noted that the corporate figures remained broadly in line with the
Service Plan targets and reflected seasonal variations in sickness
absence. The Cabinet Member confirmed her confidence that the
situation was improving, that every effort would be made to
maintain that situation, and that Cabinet would continue to receive
monthly reports.
This was a matter for Executive decision.
RESOLVED - T H A T progress to date be
welcomed.
Reason for decision
To bring matters to the attention of Cabinet
in line with corporate aims and objectives.
C298
THOMPSON STREET COMMUNITIES FIRST PARTNERSHIP -
UPDATE REPORT (DFICTP) (SCRUTINY - LIFELONG LEARNING)
-
Members were informed of the outcome of
discussions with WAG officials on a proposed independent review of
the Thompson Street Communities First Partnership. The WAG
officials outlined proposals for a short investigation by an
experienced, independent person to establish the likelihood of the
Partnership being able to continue in its current form. The
review would identify key people for consultation based upon a
pre-determined set of questions and focus on identifying the
problems, potential solutions and a possible way forward. WAG
had proposed a timeframe of the end of February 2009 for the
production of the report and confirmed that the Council would not
be bound to accept the report’s recommendations. It was noted
that written confirmation of the precise terms of reference of the
review and reporting timescale was still awaited from WAG. As
such, therefore, whilst the WAG proposals were acceptable in
principle, the Director of Finance, ICT and Property had deferred
her delegated powers until those details had been received and
considered.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the outcome of the discussions with WAG officials to progress an
independent review of the Thompson Street Communities First
Partnership be noted.
(2) T H A
T WAG be urged to complete the review in order that it might be
considered in tandem with a further report from the Director of
Finance, ICT and Property Services to Cabinet on
25th February.
Reasons for decisions
(1) To
keep Cabinet informed of progress.
(2) To
maintain progress.
C299
PRIVATE SECTOR HOUSING PROPERTY APPRECIATION LOANS (DLPPHS)
(SCRUTINY - HOUSING AND PUBLIC PROTECTION) -
By way of background it was explained that the
Regulatory Reform (Housing Assistance) (England and Wales) Order
2002 enabled local authorities to offer various forms of
assistance, including loans, to assist housing renewal in their
communities. In accordance with the Council’s adopted Housing
Renewal Policy this Council had joined with other South Wales
authorities to form the South Wales Loans Consortium. A
number of options to deliver a loan scheme had been considered
including the Council administering loans itself or working with a
third party (ART Homes Ltd) to administer on the Council’s
behalf.
The Property Appreciation Loan (PAL) was a
sustainable form of housing assistance and was basically a mortgage
that would only be available to households on a low income which
were not able to access funding from high street lenders. The
loan had no monthly repayments and repayment of the loan occurred
when the property was sold to another buyer. The interest the
loan gathered was not based on the standard interest rate or APR
but based upon the increase in value of the house. More
detailed information as to how the loan worked were appended to the
report. The loan could only be used to finance work to repair
and maintain the client’s own property. Initially, loans
would be available to everyone who met the criteria but, if demand
exceeded the budget, then the availability might have to be
prioritised to the elderly and vulnerable groups. If the
current Capital bid for funding of the loan scheme were
unsuccessful, the scheme would be carried out in the Renewal Area
from monies allocated to the Council under the Renewal Area
Grant. Reference was made to the fact that since the
declaration of the Penarth Central Renewal Area there had been a
number of enquiries made by owners living just outside the boundary
of that area, whose houses were the same age and condition as those
within the area, asking for grant aid to carry out repairs to their
homes. In order to assist those owners, it was proposed that,
in addition to the residents in the Penarth Central Renewal Area,
the following addresses be included in the loan scheme: Arcot
Street numbers 5 to 38, 58a and 58b, Plassey Street numbers 46 to
67 and Albert Road number 37 (those addresses being properties on
the opposite side of the road to houses in the Renewal Area).
£50k. per annum would be allocated over the
initial 2 years of the scheme and the Council would receive WAG
grant of £12.5k. for the first year life of the scheme. In
addition to capital funding, it was noted that the local scheme
would require revenue funding. ART Homes Limited would offer
their services for a fixed cost of £11k. for the initial 2 years of
the scheme. Grant Agency fee income would be used to meet
those costs. In addition, there would be additional revenue
costs to both the Council and the clients. ART Homes Ltd
would charge owners for the property’s valuation and solicitor’s
fees, estimated to be £400/£500 per application. It was
proposed that ART Homes revenue costs to the client be included as
part of the loan. From the Council’s perspective, the
additional costs related largely to staffing costs. It was
proposed that the Council’s costs be recovered through fees, by
acting as agents for the client, and as part of the total cost of
the work through the loan. It was noted that ART Homes Ltd
and members of the Consortium would be required to enter into a
legal contract before any loan service could be offered.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T a Property Appreciation Loan scheme be adopted as part of the
Council’s Housing Renewal Policy.
(2) T H A
T the Director of Legal, Public Protection and Housing Services be
authorised to enter into a contract with ART Homes Ltd for the loan
service.
(3) T H A
T Property Appreciation Loans be offered in accordance with the
following criteria:
·
the cost of the property valuation and solicitor’s fees to be
included as part of the loan;
·
owners only allowed to borrow a maximum of 30% of their free equity
as a Property Appreciation Loan;
·
the minimum Property Appreciation Loan to be £5k. and the
maximum £15k.;
·
Property Appreciation Loans to be made available to remedy
disrepair and remove or reduce a hazard as defined under the
Housing Health and Safety Rating System.
(4) T H A
T, should a Capital bid be unsuccessful, the loan scheme be
carried out only in the Renewal Area.
(5) T H A
T, in addition to the properties in the Renewal Area, the following
addresses also be eligible to take part in the loan scheme: Arcot
Street numbers 5 to 38, 58a and 58b, Plassey Street numbers 46 to
67 and Albert Road number 37.
(6) T H A
T ART Homes revenue costs to the client be included as part of the
loan.
(7) T H A
T the Council’s costs be recovered through fees, by acting as
agents for the clients, and as part of the total cost of the work
through the loan.
Reasons for decisions
(1) To
enable a Property Appreciation Loan scheme to be introduced.
(2) To
enable the Director of Legal, Public Protection and Housing
Services to enter into a contract with ART Homes to offer the loan
service.
(3) To set
out the criteria for PALs.
(4) To
enable the loan scheme to be offered in the Renewal Area.
(5) To
enable owners living adjacent to the Penarth Central Renewal Area
to take part in the loan scheme.
(6) To
avoid the client incurring additional costs outside the loan
facility.
(7) To
recover the cost of non-statutory functions through the provision
of a grant agency service.
C300
E.COLI PUBLIC INQUIRY - LOCAL GOVERNMENT’S RESPONSE (DLPPHS)
(SCRUTINY - HOUSING AND PUBLIC PROTECTION) -
By way of background it was explained that the
Public Inquiry into the 2005 E.coli outbreak in Wales concluded its
public hearings in May 2008 and that the Inquiry Report was likely
to be published early in 2009. It was anticipated that the
key issues arising for local authorities would be around
Environmental Health Food Hygiene Inspections, Food Procurement and
Supply (particularly meat / high risk food) and Hygiene in school
toilets. The WLGA council had agreed the following five
recommendations:
·
that within each local authority a Lead Director be identified to
consider the implications of the E.coli Inquiry, lead a corporate
response and report to its members
·
that each local authority review the priority and resources
attached to its food safety service to assure itself that its
statutory responsibilities were being adequately delivered
·
that the WLGA council support the principle of jointly developing,
with WAG, minimum standards for hygiene in school toilets across
Wales
·
that the WLGA council support a call on WAG to take the lead in
producing national food procurement guidance for the Welsh Public
Sector
·
that, once the Inquiry Report were published, the WLGA
develop a check list to support local authorities in addressing key
issues arising out of the Inquiry including media response,
communications and progress monitoring.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Director of Legal, Pubic Protection and Housing Services be
identified as the Lead Director within the Council to consider the
corporate implications of the E.Coli Inquiry, to lead a corporate
response and to report to Members.
(2) T H A
T Directors nominate officers from relevant service areas to join a
Corporate E-Coli Task and Finish Group.
(3) T H A
T the Head of Public Protection review the priority and resources
attached to the Council’s food safety service to provide
reassurance in a report to Members that the Council’s statutory
responsibilities were being adequately delivered.
(4) T H A
T the report be forwarded to the Scrutiny Committee (Housing and
Public Protection) for information.
(5) T H A
T the reports referred to in resolutions (1) and (3) above be
reported to the Scrutiny Committee (Housing and Public Protection)
for consideration before being submitted to Cabinet.
Reasons for decisions
(1-3) To implement
recommendations made to local authorities by the WLGA in
correspondence dated 12th November 2008.
(4&5) To keep Members suitably
informed.
C301
GRANT AID FOR ENERGY EFFICIENCY MEASURES FOR FIRST TIME BUYERS
LIVING IN RENEWAL AREAS (DLPPHS) (SCRUTINY - HOUSING AND PUBLIC
PROTECTION) -
In response to WAG’s invitation, the Council
had been successful in its bid for resources to provide financial
assistance for first time buyers in Renewal Areas towards the
Capital costs of improvements in energy efficiency. Details
of the eligibility criteria, grant conditions and eligible works
were appended to the report. All the residents in the Penarth
Central Renewal Area had been contacted and a specific Capital
Grant of £5k. had been awarded. Discussion ensued as to
actual benefits to the Council and its Council Tax Payers of
participating in this WAG scheme given the staffing and financial
resources involved in publicising and administering the same when
the maximum amount of grant awarded would be £5k.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the new First Time Buyers Energy Efficiency Grant be adopted as
part of the Council’s Private Sector Housing Renewal Policy.
(2) T H A
T the Capital Programme be amended to include the Specific Grant of
£5k. awarded by WAG for the year 2008/09.
Reasons for decisions
(1) To
enable grant aid to be delivered to first time buyers living in
Renewal Areas.
(2) To
ensure the Capital Programme is accurate and up to date.
C302
S.180 VOLUNTARY SECTOR FUNDING PROPOSALS 2008/09 (DLPPHS) (SCRUTINY
- HOUSING AND PUBLIC PROTECTION) -
Part VII of the Housing Act 1996 empowered
local authorities to give assistance by way of grant or loan to
voluntary organisations concerned with homelessness or matters
related to homelessness in their area. In 2004/05 the Council
had provided S.108 funds to the following organisations, the
funding being provided over 24 months and existing funding
arrangements terminated on 31st March 2008:
Tabernacle Home Access Project, Llamau Housing Society - JIGSO, and
Llamau Housing Society - Furniture Grants. Each of the above
contributed to the objectives identified within the Homelessness
Strategy Action Plan and it was therefore proposed to extend
funding support for a further year to the existing
providers.
This was a matter for Executive decision.
RESOLVED - T H A T the Director of Legal,
Public Protection and Housing Services be authorised to extend the
existing project funding to:
·
Tabernacle Home Access Project - Home Access Trust in the sum of
£2,055
·
Llamau Housing Society - JIGSO in the sum of £12,000
·
Llamau Housing Society - Vale Furniture Grant Project in the sum of
£6,000
for a further year from the S.108 allocation
for 2008/09 of £23,000 per annum.
Reason for decision
To ensure that resources are made available to
develop key services to assist the Council in complying with its
statutory homelessness duty.
C303
ENVIRONMENTAL NOISE DIRECTIVE (END) - CONSULTATION ON DRAFT CARDIFF
AND VALE OF GLAMORGAN AGGLOMERATION ACTION PLAN (DLPPHS) (SCRUTINY
- HOUSING AND PUBLIC PROTECTION) -
The aforementioned Directive required all
Member States to produce strategic noise maps for road, rail, and
agglomerations and to produce action plans to manage noise
issues. An agglomeration for the purposes of the Action Plan
was defined as an urban area with a population of over 250,000 and
a population density of more than 500 persons per km².
Penarth, Dinas Powys and Culverhouse Cross in the Vale of Glamorgan
were therefore included within the Cardiff and Vale of Glamorgan
Agglomeration. Noise maps were used to identify areas where
noise levels were high and Noise Action Plans were produced to
manage and reduce noise levels where appropriate.
The Cardiff and Vale Agglomeration Action Plan
related to roads, rail, industry and “Quiet Areas” inside the
Cardiff and Vale Agglomeration. To prioritise actions, it was
proposed to focus on locations with the highest road and rail
noise. In the Cardiff and Vale Agglomeration some 1,800
dwellings (3,900 population) and 200 dwellings (200 population) met
those criteria for road and rail noise respectively. The
Action Plan would be implemented in two phases, Phase 1 comprising
the development, consultation and adoption of the Plan whilst Phase
2 concerned the implementation thereof. If there was an
indication of the need to manage noise in an area, that area would
be defined as a Candidate Noise Action Planning Priority Area and
assessments undertaken as to whether noise mitigation measures were
necessary and / or appropriate. In respect of industrial
noise sources, noise mapping indicated that there was very low
exposure to long term high average noise levels within the
area. It was a requirement of the Action Plan for Quiet Areas
to be identified although none to date had been identified within
the Vale of Glamorgan. The draft Cardiff and Vale of
Glamorgan Action Plan together with related documentation was
appended to the report. That documentation included nominated
Candidate Quiet Areas and Noise Hotspots identified in the
Cornerswell and St. Augustine’s Wards in Penarth.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the requirements of the European Council Directive 2002/49/EC,
the Draft Cardiff and Vale of Glamorgan Agglomeration Action Plan
and the response provided by officers to that Plan be noted.
(2) T H A
T, following feedback from Ward Members consulted on the report,
the Director of Legal, Public Protection and Housing Services write
to WAG to request formally that the areas identified in Appendix 4
be nominated as Candidate Quiet Areas, informing WAG at the same
time of the areas which Ward Members had highlighted to be of
concern in respect of noise.
Reasons for decisions
(1) To
ensure Cabinet is apprised of emerging legislation and requirements
in respect of environmental noise and the response provided to WAG
by officers on technical aspects of the Draft Cardiff and Vale of
Glamorgan Agglomeration Action Plan to meet the consultation
deadline of 31st December 2008.
(2) To
ensure Ward Member views on this matter are provided to WAG.
C304
THE ENVIRONMENT ACT 1995, THE AIR QUALITY (WALES) REGULATIONS 2000
AS AMENDED - LOCAL AIR QUALITY MANAGEMENT (DLPPHS) (SCRUTINY -
HOUSING AND PUBLIC PROTECTION) -
The report detailed the outcome of the
Review and Assessment of Air Quality carried out in 2008.
RESOLVED - T H A T consideration of the
report be deferred to allow all Members of the Council to be
consulted on its contents.
Reason for decision
To receive the views of all Members on
this Vale-wide issue.
C305
HOUSING STOCK AND WELSH HOUSING QUALITY STANDARDS (DLPPHS AND
DFICTP) (SCRUTINY - HOUSING AND PUBLIC PROTECTION AND CORPORATE
RESOURCES) -
Approval was sought to undertake an Options
Appraisal to consider the funding options available to improve the
Vale of Glamorgan Council housing stock to the Welsh Housing
Quality Standard (WHQS) and to provide a sustainable
financial position that would allow for the provision of a high
quality housing service. It was reported that the position
had changed considerably since the detailed housing options
appraisal in 2004 which had, at that time, indicated that it could
be feasible to achieve WHQS within a stock retention model.
WHQS required social landlords to consider their stock on a wider
community and environmental level rather than just on the bricks
and mortar basis of their houses. The latest proposed “base
model” showed that achieving the WHQS was possible with unsupported
borrowing of £18m. and a predicted revenue surplus of £37m. in 30
years. The model assumed inflation at 2% and reflected
current interest rates. It was accepted, however, that the
above was dependant upon many assumptions. Appendix A to the
report showed the estimated impact of change on some of the more
sensitive factors built into the Business Plan. It was noted
too, that as well as the factors listed in Appendix A, other
changes particularly in Government policy could force the Council
into transferring its stock at a later date. Basically,
therefore, there remained two options available for Councils in
Wales, namely stock retention and stock transfer. In order to
determine which option was the more preferable, three aspects would
need to be considered as part of an Options Appraisal:
·
risks and viability of retention and impact on the HRA
·
impact on the rest of the Council of the transfer or retention
·
benefits to tenants of retention or transfer.
Consultancy costs for an Options Appraisal
were estimated between £15k.-£20k., the costs of which could be met
from within the HRA.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the appointment of a consultancy company to undertake a detailed
Options Appraisal be approved.
(2) T H A
T the Head of Housing Services in consultation with the Cabinet
Member for Housing and Community Safety and the Director of Legal,
Public Protection and Housing Services be given delegated authority
to appoint a suitable qualified and experienced consultancy company
and that, if necessary, the Director of Finance, ICT and Property
waive financial regulations to facilitate the same.
Reason for decisions
To explore the most appropriate option for the
Council to achieve WHQS.
C306
UPDATED SOCIAL SERVICES CHANGE PLAN 2007/10 (DSS) (SCRUTINY -
SOCIAL CARE AND HEALTH) -
Progress in implementing the Change Plan which
had been put in place in response to the recommendations of the
Joint Review was submitted. Implementation of the Plan was
monitored at different levels within the Council, by a Change
Co-ordination Group which included key partners and external
regulators, with follow up work being undertaken by the Care and
Social Services Inspectorate Wales and the Wales Audit
Office. Implementation of the Change Plan continued to be a
dynamic process with new actions having been incorporated to deal
with the agendas set by major strategic plans such as the Health,
Social Care and Wellbeing Strategy 2008/11 and the Children and
Young People Plan 2008/11. A large number of the original
actions had already been completed and there had been significant
progress in a number of other areas, including
·
a business planning framework developed and piloted across the
Social Services Directorate in 2008/09
·
the delegation of most budgets to team managers and a pilot scheme
underway with regard to delegating the community care budget
·
fewer looked after children placed out of county
·
all service level agreements with the voluntary sector in
relation to services for children and young people reviewed
·
the First Contact Team within the Children and Family services
restructured.
In accepting that the Directorate could not
deliver the Plan in isolation, there had been very close working
with other Council services as well as with partner
organisations. The Cabinet Member reported that this Council
was well placed in Wales as regards the Partnership arrangements it
was involved with. As previously reported, some actions had
been delayed, largely as a consequence of limited senior management
capacity which had made some time scales unrealistic. Actions
had been taken to mitigate the risks arising from delayed
implementation and it was recognised that, now that two new Heads
of Service had been recruited, dates for delivering actions could
be revised.
This was a matter for Executive decision.
RESOLVED - T H A T the updated Change Plan be
accepted.
Reason for decision
To have regard to the progress to date.
C307
SUICIDE PREVENTION PLAN (DSS) (SCRUTINY - SOCIAL CARE AND HEALTH)
-
Proposals had been made by WAG to introduce an
All Wales Suicide Action Plan intended to provide a strategic
direction for the statutory and voluntary sectors for the next five
years (2008-13). Both Scotland and England launched similar
strategies in 2002, the Welsh strategy largely following the
Scottish model with the focus on promoting preventative action and
on providing training for frontline workers. The strategy
would be reviewed within the first three years with a report to
Ministers on progress in order to ensure that the strategy was in
fact delivering improvements. The Plan was aimed at the broad
range of professionals who worked in the statutory and third sector
organisations including staff in schools and education services,
those working in substance misuse, social care, health care and
justice agencies as well as there being a role for people who
worked in wider community settings. The key aim of the plan
was to change the culture around mental health and to engender a
broader understanding across society of the issues so that people
would feel more confident and comfortable in seeking help. In
order to achieve improvements the following seven strategic
objectives had been established to underpin the Action Plan with
key actions having been allocated to stakeholders:
·
promote mental health and wellbeing
·
deliver early intervention
·
response to personal crisis
·
manage the consequences of suicide and self harm
·
promote learning and research and improve information on suicide
and suicide prevention
·
work with the media to ensure appropriate reporting on mental
health and suicide
·
restrict access to the means of suicide.
Local government had been identified as a
crucial partner in delivering on the seven objectives outlined
above, those objectives being required to correlate with existing
priority actions identified within the local Children and Young
People Plan and the Health, Social Care and Wellbeing
Strategy. Specific actions for local authorities were set out
in Appendix 1 to the report. Each Local Service Board was
expected to provide local leadership and to be responsible for
ensuring local suicide prevention implementation, monitoring
progress and helping organisations to develop new and innovative
approaches to suicide prevention. The Plan was currently out
for consultation, consultation closing on 30th January
2009.
Whilst accepting that a national strategy for
suicide prevention had the potential for encouraging a more
co-ordinated and consistent approach to dealing with such an
important issue and should be welcomed, reservations and concerns
relating to some aspects of the Plan which had direct implications
for the Council were expressed. It was considered that local
authorities would experience considerable difficulties in managing
yet another prescriptive and comprehensive initiative at a time
when core services were under threat as a consequence of the
financial settlement for local government. It was considered
that the Plan reflected yet again the trend towards central
government prescribing the role, priorities, workload and approach
of the LSB and the key strategic partnerships. Members found
it hard to believe that the consultation process was likely to
produce significant changes to a Plan which had been produced with
so much detail. A response from the Local Safeguarding
Children Board addressing some of the detailed proposals was
appended to the report.
As stated above, there were considerable
resource implications arising from the Plan. Although WAG had
stated an intention to invest £10m. in the Action Plan over a five
year period, it was currently unclear as to the amount or the
manner in which funding would be allocated to local
authorities. Cabinet agreed that concerns relating to
the amount of resources that would be made available be included
within this Council’s response to the consultation.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the proposed response as indicated above and set out in paragraph
14 of the report be endorsed.
(2) T H A
T a copy of the report be forwarded to all School Governing Bodies
in the Vale of Glamorgan.
Reasons for decisions
(1) To
respond to the consultation in respect of a national strategy for
suicide prevention.
(2) To
inform School Governors.
C308
DEFERRED PAYMENTS (DSS) (SCRUTINY - SOCIAL CARE AND HEALTH)
-
The Health and Social Care Act 2001 allowed
local authorities to agree and operate a Deferred Payments
Scheme. The aim of the scheme was to allow people with
property but without income and other assets sufficient to meet
their assessed contribution in full for care in a residential care
or nursing home to have a legal charge placed on their property to
meet any shortfall. It was reported that WAG wanted local
authorities to promote deferred payments in accordance with the
guidance issued. Details relating to the scheme, including
information for individual service users and their carers, was
outlined in the report with further details being appended
thereto. It was considered that by making the option
available to individuals, the Council was increasing choice by
protecting its financial interests.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Director of Social Services be authorised to introduce a
Deferred Payments Scheme for adults using residential care
services.
(2) T H A
T all eligible individuals be offered the opportunity to make a
Deferred Payment Agreement with the Council, subject only to the
use of discretion by the appropriate officers (i.e. the Director of
Social Services, the Director of Finance, ICT and Property and the
Director of Legal, Public Protection and Housing Services) in
consultation with the relevant Cabinet Members.
Reasons for decisions
(1) The
proposed scheme would enable individuals who pay for community care
services to defer a part of their assessed charge for permanent
residential accommodation in exchange for granting the Council a
legal charge on their main or only residence. This provides
them with an opportunity to exercise choice about whether or not to
sell the property whilst safeguarding the Council’s legitimate
financial interest.
(2) There
is provision in the statutory guidance for the Council to use
discretion about whether or not to agree to a deferred payment in
individual cases.
C309
REVENUE MONITORING: 1ST APRIL - 30TH NOVEMBER
2008 (CMT) (SCRUTINY - ALL) -
Despite pressures on Services’ budgets, the
projected outturn for 2008/09 Revenue Budget was for a balanced
budget on the Council Fund and the Housing Revenue Account.
In respect of Social Services, the current forecast was for a
balanced budget as the additional savings in one division of the
service had been transferred to fund over-commitment in other
areas. Once again it was stated that the continuation of that
outcome was dependant upon the assumptions used in calculating the
Amended Budget remaining unchanged and the successful management of
demand for services. As regards Environmental and Economic
Regeneration, it was anticipated that the Directorate would outturn
on budget as savings in one division (Planning and Transportation)
would offset pressures in Economic Development and Leisure.
Every effort was being made to ensure that the Directorate would
outturn on target and budgets across the Council would be closely
monitored and any variances reported to future meetings.
This was a matter for Executive decision.
RESOLVED - T H A T the position with regard to
the Council’s 2008/09 Revenue Budget be noted.
Reason for decision
So that Members are aware of the projected
revenue outturn for 2008/09.
C310
CAPITAL MONITORING: 1ST APRIL - 30TH NOVEMBER
2008 (CMT) (SCRUTINY - ALL) -
Financial progress on the Capital Programme as
at 30th November, 2008 was appended to the report.
Particular reference was made to various schemes and to the
consequent need to amend the Capital Programme and, where
indicated, to refer to Council for approval.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the following changes to the Capital Programme be approved:
·
Schools Buildings Improvement Grant 2008/09 - increase the budget
by £220,000, funded by additional grant from the Welsh Assembly
Government;
·
Rhoose Primary Accommodation - increase budget by £74,000, funded
by additional grant from the Welsh Assembly Government;
·
Barry Town Hall - increase the budget by £10,000, funded by a
contribution from revenue.
(2) T H A
T the following changes to the Capital Programme be referred to
Council for approval:
·
S106 Morrisons / Thompson Street Footbridge - reduce the current
year budget to £250,000 (slip £1,346,000 into the 2009/10 Capital
Programme);
·
Innovation Quarter Spine Road - reduce the current budget to nil
(slip £220,000 into the 2009/10 Capital Programme).
Reason for decisions
(1&2) To allow schemes to be
undertaken in this or future financial years.
C311
CHAIRMAN’S ANNOUNCEMENT -
The Chairman referred to the Council’s
commitment to e-government and asked Members to consider using
their laptops at the next meeting.