CABINET
Minutes of a meeting held on 15th
July, 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: Councillors N.P. Hodges, N.
Moore and Mrs. M.R. Wilkinson.
C515
MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 24th June, 2009 be approved as a correct
record.
C516
DECLARATIONS OF INTEREST -
No declarations were received.
C517
IMPLEMENTATION OF THE SOCIAL SERVICES CHANGE PLAN 2007/10 (REF)
-
The Scrutiny Committee (Social Care and
Health) had, on 22nd June, 2009 considered the findings
of the work undertaken by the Wales Audit Office (WAO) and Grant
Thornton, the appointed auditor for the Council, to evaluate
implementation of the Change Plan. Both the report of the
WAO, entitled Monitoring Social Services Change Plan 2007/10, and
that of Grant Thornton, entitled Review of Social Services
Management Arrangements, were appended to the report. The
Scrutiny Committee had accepted both reports (which acknowledged
that significant progress had been made in delivering key actions
in the Change Plan), and requested Cabinet to consider the same and
to require that the Director of Social Services took appropriate
steps for putting into effect the recommendations in the
reports.
After considering the same, it was
RESOLVED - T H A T both the reports and the
significant progress made to date be welcomed and the Director of
Social Services authorised to take appropriate steps for putting
into effect the recommendations in the reports.
Reason for decision
To recognise the work undertaken and to ensure
continuing progress.
C518
OUTCOME OF CONSULTATION ON THE FUTURE OF BRYNEITHIN RESIDENTIAL
CARE HOME (REF) -
The Scrutiny Committee (Social Care and
Health) had, on 22nd June, 2009 received a report on the
above which updated Committee on the outcome of the recent
consultation, informed Committee of issues highlighted during the
consultation process which required further investigation and set
out the proposed timeline for the above work. The Cabinet
Member for Social Care and Health thanked all who had responded to
the consultation and to the officers for their work on this matter
to date. She referred to the following four main options as
presented to Committee which had currently been identified as
meriting that further consideration:
·
refurbishing the Home and maintaining the current capacity
level
·
refurbishing the Home and increasing the capacity
·
closing the Home and rebuilding on the current site
·
independent sector options.
The Committee had made five recommendations
including the request that Cabinet approve the proposed timeline
for developing and appraising options in respect of Bryneithin, the
target date being September 2009.
RESOLVED - T H A T the Director of Social
Services submit a report to Cabinet by the end of October 2009 in
which the options for the future of Bryneithin were appraised, with
proper regard therein for issues such as impact upon current
residents and their relatives, future service needs, staff and
costs.
Reason for decision
To avoid prolonging uncertainty about the
Council’s plans for the Home.
C519
TOWARDS ZERO WASTE, A WELSH ASSEMBLY GOVERNMENT CONSULTATION ON A
NEW WASTE STRATEGY FOR WALES (2009 - 2050) (REF) -
The Scrutiny Committee (Economy and
Environment) had, on 24th June, 2009 considered the
above and forwarded the same to Cabinet for consideration.
WAG's aim was to achieve zero waste in Wales within one generation
where all waste was either designed out, reused, recycled or
composted. The list of specific local authority targets as
contained within the report required all sectors in Wales to
recycle 70% of their waste by 2005. The Strategy, therefore,
looked for a total culture change in Wales in respect of the
management of resources. In considering the report and draft
Consultation Strategy, the Committee raised concerns in relation to
sector plans and the lack of reference to any education of the
public in this matter. The Committee subsequently recommended
that WAG be requested to insert in the sector plan a section on
education and requested the Licensing Committee to consider adding
a condition to licences for outdoor public events to ensure that
the responsibility for the clearance of all waste rested with the
licence holder.
The Cabinet Member for Visible Services
updated Members by stating that the Licensing Committee had,
yesterday, received the reference and that Visible Services
currently, in fact, spent considerable time and energy in promoting
the waste agenda in schools.
RESOLVED - T H A T the recommendation of the
Scrutiny Committee that WAG be requested to insert on the sector
plan a section on education within the waste agenda be endorsed and
that the responsibility for the Cabinet’s consultation response be
delegated to the Leader and Cabinet Member for Visible Services
given the tight deadlines for response.
Reason for decision
To emphasise the importance of education in
achieving the desired target and to meet the deadline for
response.
C520
PLAY STRATEGY (REF) -
The Scrutiny Committee (Economy and
Environment) had, on 24th June, 2009 considered the
Council's Draft Play Strategy as appended to the report and had
requested Cabinet to consider the commencement of formal
consultation on the same. WAG required each local authority
to produce a Play Strategy which was inclusive of play providers in
the area. The Draft Strategy also contained an Action Plan
which detailed how the Strategy would be delivered. The play
service was funded through Cymorth Funding and the WAG Play for
Children with Disabilities Fund. Whilst no additional
resources were required to produce the Strategy, some of the
objectives contained within that Strategy would require further
resources. To that end, a lottery bid had already been
submitted in partnership with Cardiff County Council and Re-Create
which also had the support of Play Wales. The Committee noted
that the Draft Strategy covered the period 2010/13 although at
present Cymorth funding was only confirmed until 31st
March, 2010 and it further noted that the provision of a quality
Play Strategy would make a significant contribution to the
Council's objectives of providing the best possible services for
children and young people. The Committee had commended those
officers involved in the completion of the Draft Strategy for the
work undertaken and had requested that a needs analysis of young
people be undertaken to consider areas of need and deprivation and
where such future provision could be suitably placed.
RESOLVED - T H A T the Vale of Glamorgan Draft
Play Strategy be endorsed for formal consultation.
Reason for decision
To allow the formal consultation to begin.
C521
EXTERNAL FUNDING (CX) (SCRUTINY - ALL) -
Details were presented of the ways in which
various external grants were to be expended as outlined below:
·
Substance Misuse Action Fund
·
Rights of Way Improvement Grant
·
Making the Connections Development Fund
·
Communities First Castleland.
This was a matter for Executive decision.
RESOLVED -
(1) T
H A T the Council continue to act as lead body for the grant
allocated by WAG to the Safer Vale Partnership under the Substance
Misuse Action Fund.
(2) T
H A T retrospective approval be given for the Council’s acceptance
of the hypothecated grant of £46,740 allocated by the Countryside
Council for Wales and that the Capital Programme be amended to
reflect the approved amount.
(3) T
H A T the submission of applications be retrospectively approved
and the acceptance of grant available via the Making the
Connections Development Fund for 2009/10 authorised.
(4) T
H A T the submission and acceptance of grant available under
Communities First for Castleland be retrospectively
approved.
Reasons for decisions
(1) To
inform Cabinet of the continuing responsibilities undertaken by the
Council as grant recipient body on behalf of the Safer Vale
Partnership and ensure Members are aware of how the Substance
Misuse Action Fund is being utilised locally.
(2)
To maximise external funding resources available to the Council to
meet obligations in respect of Public Rights of Way and enable the
Capital Programme to be updated to reflect the increase in capital
funding.
(3)
To maximise external funding available to the Local Service Board
to enable access to support and expertise.
(4)
To enable the acceptance of grant available for the development of
a new Communities First Partnership Board and Action Plan for
Castleland.
C522
CORPORATE PARENTING PANEL (CX) (SCRUTINY - SOCIAL CARE AND HEALTH)
-
In response to the resolution of Cabinet at
its last meeting (Min. No. C485), the report under consideration
examined the merits or otherwise of extending the membership of the
Corporate Parenting Panel to include all party membership.
The report suggested that the membership of the Panel be increased
to seven members but that, rather than apply political balance for
that level of membership, it was proposed that the membership be
set at seven on the basis of four Conservative, one Labour, one
Plaid Cymru and one Independent Member.
This was a matter for Executive decision.
RESOLVED - T H A T the membership of the
Corporate Parenting Panel be increased from three to seven members,
membership to comprise four Conservative Members and one Member
from each of the Labour, Plaid Cymru and Independent Groups.
Reason for decision
To facilitate wider Member involvement in the
work of the Corporate Parenting Panel.
C523
FUTURE FUNDING FOR CHRISTMAS LIGHTS IN TOWN CENTRES (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
Authority was sought to devolve the funding
for Christmas lights in the Council's four principal town centres
to relevant parties on a permanent basis. Christmas lights in
town centres were generally considered a marketing tool for each
town centre in the lead up to the Christmas period. The offer
of grant funding to the relevant parties ensured that the Council's
contribution was properly recognised. It was noted that each
town centre managed its Christmas lights scheme in slightly
different ways and the relevant issues and options were detailed
within the report.
This was a matter for Executive decision.
RESOLVED - T H A T the Director of
Environmental and Economic Regeneration in consultation with the
relevant Cabinet Member be authorised to make grant payments to the
Town Councils and Chambers of Trade in each of the relevant town
centres of Barry, Cowbridge, Llantwit Major and Penarth in the sums
set out below subject to a Deed of Grant being entered into by each
recipient for a period of two years:
|
Barry Town Council
|
£5,500 p.a.
|
|
£2.5 - High Street (ring-fenced)
|
|
|
£3k - Holton Road (ring-fenced)
|
|
|
Penarth Town Council
|
£3,000 p.a.
|
|
Cowbridge Chamber of Trade
|
£2,000 p.a.
|
|
Llantwit Major Town Council
|
£2,500 p.a.
|
|
(Vale Council - Town Centre
Management)
|
|
|
King Square Christmas Tree
|
£2,500 p.a.
|
|
Switch on Event
|
£3,000 p.a.
|
Reason for decision
In order that annual payments be given subject
to appropriate terms and conditions and to reduce officer time
constraints and limit the Council's involvement and responsibility
in such schemes.
C524
PROPOSED SALE OF ATLANTIC TRADING ESTATE (DEER) (SCRUTINY - ECONOMY
AND ENVIRONMENT) -
Authority was sought to agree in principle the
sale of the Council's interest at Atlantic Trading Estate (ATE)
excluding the land set aside for the Waste Resource Park
(WRP). The Council had purchased ATE in 1995 supported by a
Land Reclamation Grant from the Welsh Development Agency. It
was noted that there would be claw back implications from any
capital receipt. In acquiring the ATE, the Council assumed
the liability for providing utilities and services to the various
units - a liability which remained in perpetuity after freehold
plots were sold. In turn, the Council recharged electricity
and received a service charge income. In the past, the site
had been considered one of the Vale's most important economic
development and employment sites; it was now considered, however,
that the Council's economic development role had been
fulfilled. ATE needed further capital investment particularly
in respect of robust security, the upgrading of the road network to
an adoptable standard and upgrading the sewerage network.
Those capital costs were long term and, in the context of the
Council's financial priorities, were beyond the Council's financial
resources for the foreseeable future. A private sector
development would bring with it strategic benefits, not least in
securing the site. To ensure that the site remained an
employment site, any potential change to other usage would require
subsequent planning consent and have to comply with planning
policies contained within the Unitary Development Plan (UDP) and
the emerging Local Development Plan (LDP). The legal
documents to effect the sale of ATE would specifically refer to
that. Attention was also drawn to the fact that ATE formed an
important link in respect of the Council's aspiration to create a
coastal footpath for the length of the Vale. A condition of
any sale of the Council's interests would, therefore, be the
establishment of a Right of Way to form part of that coastal
route. In considering the proposal, particular attention was
paid to the financial and employment implications, the legal
implications and the crime and disorder implications as detailed in
the report.
This was a matter for Executive decision.
RESOLVED
(1) T H A
T the majority of the Council's freehold interest in ATE be
declared surplus to requirements and the disposal thereof
authorised.
(2) T H A
T the Director of Finance, ICT and Property by authorised to
instruct agents to provide a valuation of the Council's interests
at ATE and subsequently market the Council's interest, in
consultation with the Cabinet Member for Economic Development and
Regeneration.
(3) T H A
T the Director of Finance, ICT and Property negotiate terms and
conditions for the disposal of the Council's interest in ATE in
consultation with the Director of Environmental and Economic
Regeneration and the Director of Legal, Public Protection and
Housing Services, after consultation with the Cabinet Member for
Economic Development and Regeneration and that a report be
submitted back to Cabinet at a future date.
Reasons for decisions
(1) It is
considered that the Council's control of the ATE has fulfilled its
purpose. The Council has achieved its aim in that the private
sector is now investing and the site is starting to deliver
outputs.
(2&3) In order to obtain
professional advice and expertise on the marketing and disposal
process and to agree legally the terms and conditions for the
disposal of the Council's interest in ATE.
C525
FORMER COASTGUARD STATION, NELL'S POINT, BARRY ISLAND (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
The National Coastwatch Institution (NCI) had
occupied part of the station under licence since February
2007. NCI Nell's Point now had 53 members of which 33 were
qualified as watch keepers providing a year round presence.
There had been a year on year increase in numbers and awareness of
the NCI role at Nell's Point with visits from the Council Members
as well as regular contact with schools and interest groups.
Indeed, Coastwatch was one of the Mayor's chosen charities for the
current year.
As part of the refurbishment works, an
exhibition space and meeting room were provided as an extension to
the building. Proposals had now been received from NCI to
develop the ground floor area as an exhibition space which would be
open to visitors and user groups and would act as an educational
and interpretive resource for the local community. Local
groups would also be able to use the space for temporary
exhibitions and the area would be used in addition for NCI meetings
and to meet training needs.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the existing partnership with the National Coastwatch Institution
together with its aims to develop an exhibition space and promote
educational activities as part of NCI's wider maritime and safety
remit at Nell's Point be endorsed.
(2) T H A
T the Director of Finance, ICT and Property together with the
Director of Legal, Public Protection and Housing Services be
authorised to enter into a lease with NCI on the draft Heads of
Terms as appended to the report in consultation with the Cabinet
Member for Finance, ICT and Property.
Reasons for decisions
(1) To
progress the preferred option for the building.
(2) To
assist the strategic development of the project.
C526
LOCAL TRANSPORT SERVICES GRANT 2009/2010 (DEER) (SCRUTINY - ECONOMY
AND ENVIRONMENT) -
£445,350 had been allocated to the Vale of
Glamorgan under the Local Transport Services Grant (LTSG) made
available from the WAG. The grant was ring fenced for Public
Transport Services (Local Bus and Community Transport Facilities)
and associated administrative costs together with publicity and
such minor works as, for example, bus shelter improvements.
One of the conditions of the grant was that the local authority
must spend at least 10% of its allocation on Community Transport
Services. The report before Cabinet outlined how the LTSG was
currently used within the Vale of Glamorgan and details of the
allocation of the grant for 2009/10 were appended to the
report.
This was a matter for Executive decision.
RESOLVED - T H A T the sum of £445,350 Local
Transport Services Grant for 2009/10 be accepted.
Reason for decision
To ensure the continued Local Bus Service and
Community Transport provision through the expenditure of the
LTSG.
C527
AWARD OF CONTRACT FOR NEW SUPPORTED LOCAL BUS SERVICE 90 (BARRY
WATERFRONT - CULVERHOUSE CROSS) (DEER) (SCRUTINY - ECONOMY AND
ENVIRONMENT) -
Approval was sought to award the contract for
a new supported local bus service 90 financed by the use of Section
106 planning obligations funds received in respect of sustainable
transportation from the Marks and Spencer development at
Culverhouse Cross. It was explained that £150k. due under a
unilateral undertaking submitted to support the Marks and Spencer's
planning appeal for an extension to their store at Culverhouse
Cross dated May 1999 had now been received, together with interest
given the lateness of the payment which had bought the total
funding available to £166,600. The tendered service schedule
provided an hourly service throughout the day and early evening
between Barry Waterfront and Culverhouse Cross, Mondays to
Saturdays, providing also a new bus service to the areas of
Pencoedtre Village and Skomer Road where the existing commercial
service provision had now been withdrawn. The bus would also
travel along Ffordd y Mileniwm between the Dock Office roundabout
and the roundabout to the Waterfront's western end thereby
improving public transport connections with new and proposed
residential, retail and business developments in those areas.
The bus would also serve the local bus service hub and retail area
near King Square, Barry where links with other local bus services
could be made. Following an examination of the tenders
received from eight service providers, the preferred operator had
been identified as Bebb Travel PLC (trading as Veolia Transport
Cymru). It was noted that the service would be promoted
through normal channels in addition to a formal launch of the
service for the press.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the utilisation of Section 106 planning obligation funds
totalling £166,600 received from the Marks and Spencer development
in respect of sustainable transportation to fund a new local bus
service 90 be approved.
(2) T H A
T the contract be awarded for Supported Local Bus Service 90 to
Bebb Travel PLC trading as Veolia Transport Cymru at a cost of £125
per operational day from Monday, 1st September, 2009
until the end of operations on Saturday, 3rd September,
2011.
(3) T H A
T the Director of Environmental and Economic Regeneration in
agreement with the Cabinet Member for Planning and Transportation
be granted delegated powers to extend the contract for Supported
Service 90 further (if required) up to a maximum of five years upon
such terms and conditions as the said Director deemed
appropriate.
Reasons for decisions
(1) The
funds received in respect of Section 106 planning obligations for
sustainable transportation from the Marks and Spencer development
cannot be used for alternative purposes other than sustainable
public transportation between Barry and the Marks and Spencer
development at Culverhouse Cross.
(2) The
award of the contract is based on the lowest cost option for the
tendered specification and can be accommodated within the available
budget.
(3) To
ensure that the Council would have the option to extend the
contract up to a maximum of five years if the service proves
beneficial and to ensure that the maximum contract period can be
secured without the risk of having to re-tender and re-award the
contract at a potentially higher cost to the Council.
C528
WELSH ASSEMBLY GOVERNMENT MINISTERIAL INTERIM PLANNING POLICY
STATEMENT (01/2009) 'PLANNING FOR SUSTAINABLE BUILDINGS' AND
CONSULTATION DRAFT TECHNICAL ADVICE NOTE 22 'PLANNING FOR
SUSTAINABLE BUILDINGS' (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Copies of both the above documents had been
placed in the Members' Room for information and endorsement was
sought of the Council's formal response to the consultation
questions as appended to the report and the Draft Technical Advice
Note 22 'Planning for Sustainable Buildings'.
The Ministerial Interim Planning Policy
Statement (MIPPS) highlighted the role of the planning system in
mitigating the causes of climate change arising from new
development through reducing greenhouse gas emissions associated
with the design, construction and eventual demolition. It
also highlighted the importance of ensuring new development was
resilient to potential changes associated with climate change,
emphasising the need for new development to adapt to such changes
through, for example, incorporating sustainable approaches for
managing water and drainage. In support of that, and in a
move towards WAG's aspirations for all new dwellings to be
constructed more sustainably, the MIPPS would require from
1st September 2009 developments of five or more
dwellings to be constructed to standards set out in the Code for
Sustainable Homes (CSH). For new non-residential development,
the MIPPS required developments of 1,000 square metres or more, or
a site of 1 hectare or more, to be constructed to meet the Building
Research Establishment Environmental Assessment Method (BREEAM)
'Very Good' standard and to achieve the mandatory credits for
'Excellent' under issue Ene1 - Reduction of CO2
Emissions.
The role of the Draft TAN was to provide
further technical detail for local authorities on the
implementation of the MIPPS during the preparation of their LDPs
and also for developers when preparing proposals for new
developments. In that regard the Draft TAN emphasised the
importance of local planning authority officers having 'a basic
understanding of the CSH and BREEAM which included having an
understanding of the implications on the location, siting, design
and impact of development arising from a mix of 'design solutions'
an applicant might elect in meeting the sustainable building
standard. As indicated above, the Council's formal response
was appended to the report. As a result of the proposed
changes at national policy level, the Council intended to undertake
a review of its Supplementary Planning Guidance: Sustainable
Development: A Developers Guide which would take into account the
requirements introduced by the MIPPS and those proposed through the
Draft TAN 22. Further details of the review would be
presented to Cabinet in due course.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the responses to the WAG as appended to the report be approved as
the Council's formal response to the consultation on the Draft
Technical Advice Note 22, subject to the correction of
typographical errors.
(2) T H A
T the report be submitted to the Planning Committee for
information.
Reasons for decisions
(1) To
obtain Cabinet's endorsement to submit the attached comments to WAG
by 31st July, 2009.
(2) To
ensure that the Planning Committee is informed of the publication
of the MIPPS and the consultation on the Draft TAN.
C529
TIDY TOWNS GRANT SCHEME (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Cabinet had approved acceptance of the WAG
Tidy Towns Grant Award in June 2008 and endorsed the allocation of
Grant in 2008/09 at its meeting on 5th November,
2008. As required by WAG, a Tidy Towns end of year report for
2008/09 had been submitted in March 2009 detailing Year 1
expenditure and given Year 2 proposals (copies of which were
appended to the report). WAG had since confirmed that it was
happy with both the progress made to date in the Vale of Glamorgan
as well as the actions proposed for 2009/10. The Cabinet
Member for Visible Services drew attention to the fact that the
work complimented that already undertaken by Visible Services
whilst at the same time involving the local community.
The first payment for 2009/10 of £55,257.50
(50% of the allocation) had been made in May 2009 with the second
payment due during the autumn. Although initially set within
the Year 2 proposals, the actual work programme and expenditure
would ultimately be set by the monthly meetings of the Tidy Town
Steering Group.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the first year expenditure of the Tidy Towns Grant be
approved.
(2) T H A
T Cabinet receive a report on the utilisation of the grant in
2009/10 in line with the external funding framework adopted by the
Council.
Reasons for decisions
(1) That
Cabinet be satisfied that the Tidy Town Grant was appropriately
allocated for 2008/09.
(2) To
ensure Cabinet is kept informed of how the Grant is being utilised
to meet the needs of the community.
C530
ROADMAINTENANCE GRANT - RESURFACING PROGRAMME
2009/2010 (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
WAG had allocated a total road maintenance
grant of £574,144 which would be entirely spent on the works as
detailed in the Appendix to the report.
This was a matter for Executive decision.
RESOLVED - T H A T the Re-surfacing Programme
as appended to the report be agreed, the locations as summarised
below:
|
Site Nos
|
Location
|
Site Value
(£)
|
Area (m2)
|
Description
|
|
1
|
Sully Moors Road, Sully
(Cardiff Rd RBT to Hayes Rd RBT)
|
80,000
|
9446
|
This was identified by Scanner Survey.
Cold Mill total area, Main route, strengthens and resurfaces in
14mm SMA surface course.
|
|
2
|
Cardiff Road, Barry
(Palmerston Road Traffic Light Jct)
|
21,000
|
2500
|
Identified by Scanner Survey and complaints
from public. Badly rutted on approach to traffic lights strengthen
and resurface in 10mm SMA surface course
|
|
3
|
B4256 Llantwit Major Bypass
(Pentrecwrt RBT to Floodgate RBT)
|
25,000
|
2862
|
Extensive rutting, difficult to keep legally
safe strengthen and resurface in 14mm SMA surface course
|
|
4
|
A4222 High Street Cowbridge.
(Jct of Church Street to Jct Llantwit Major
Rd)
|
43,000
|
4208
|
Extensive deterioration throughout, poor
riding quality and complaints from both members and the public.
Main route though town. Total cold mill, resurface in 10mm SMA
surface course.
|
|
5
|
Llanmaes Road, Llantwit Major
(Jct of Bypass to Jct Windmill Close)
|
46,000
|
5167
|
Undulating surface, drainage issues, public
and Members complaints, strengthen and resurface in 14mm SMA
surface course
|
|
6
|
Boverton Road, Llantwit Major
(Jct Eagleswells Rd to Jct Nordale Rd)
|
38,000
|
3880
|
Identified on Scanner Survey. Main route to
town, loss of skid resistance. Cold Mill 50% and resurface in 14mm
SMA surface course
|
|
7
|
Llandough Hill, Llandough
(Penarth Rd to Penlan Rd)
|
18,000
|
1779
|
Busy interconnecting road. Numerous complaints
and third party claims, undulating surface. Strengthen and
resurface in 14mm SMA surface course
|
|
8
|
Stanwell Road RBT
(Woodland Place/Cornerswell Road)
|
20,000
|
2500
|
Badly rutted and heave on approach to
Roundabout, loss of skid resistance. Strengthen and resurface in
10mm SMA surface course
|
|
9
|
Kingsland Bridge, St Hillarys
(Jct St Athan Road to Channel View)
|
36,000
|
4678
|
Identified on Scanner Survey. Flood damage and
drainage issues Cold Mill total area and strengthen,
resurface in 14mm Bitmac surface course
|
|
10
|
A48 to Peterston Super Ely
(Gwern y Steeple to Jct Station Rd)
|
48,000
|
5493
|
Identified on Scanner Survey. Complaints from
public, numerous third party claims. Difficult to keep legally
safe. Cold Mill 50% and strengthen, resurface in 14mm Bitmac
surface course
|
|
11
|
St Brides Road, St Brides-Super-Ely
(Tynewydd Cottages to Jct Heol St Nyll)
|
49,000
|
5604
|
Identified on Scanner Survey. Complaints from
public, numerous third party claims. Drainage issues.
Difficult to keep legally safe. Cold Mill and
strengthen, resurface in 14mm Bitmac surface course
|
|
12
|
High Street, Llantwit Major
(Jct of Station Rd to Jct Court Close)
|
20,000
|
1560
|
Identified on Scanner Survey. Edge
deterioration, undulating surface. Binder rich. Drainage issues
Cold Mill and strengthen, resurface in 14mm SMA surface course
|
|
13
|
The Square, Dinas Powys
(Village Centre)
|
22,000
|
1660
|
Village Centre. Identified on Scanner Survey,
undulating surface, heave and rutting. Cold Mill and strengthen,
resurface in 10mm SMA surface course
|
|
14
|
Drope Road, St Georges
(St Georges Church to Drope Farm)
|
50,000
|
5635
|
Complaints from public, numerous third party
claims. Drainage issues. Difficult to keep legally safe. Cold
Mill and strengthen, resurface in 14mm Bitmac surface
course
|
Surface Dressing Schemes
|
Site Nos
|
Location
|
Area (m2)
|
Site Value (£)
|
|
1
|
A4222,Cowbridge to Pontyclun Road
(Maendy Village to Ystradowen)
|
5,112
|
12,000
|
|
2
|
B4270, Cowbridge to Nash Manor Road
(Cross Inn to Woodwise)
|
3,392
|
8,000
|
|
3
|
A4222, Five Mile Lane
( Sutton Fach Farm to Sutton Woods)
|
4,723
|
10,000
|
|
4
|
A4050, Cardiff Road Barry
(McDonalds RBT to Cog Water Works)
|
8,236
|
20,000
|
|
5
|
A48, Sycamore Cross
( Cotterail Cottage to Dual
Carriageway)
|
3,630
|
8,000
|
Reason for decision
To improve the condition of the road network
at the locations contained in the submission to WAG and to enable
the programme to commence at its earliest opportunity whilst
weather conditions are at an optimum.
C531
WATCH TOWER - THE KNAP (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
In accordance with an earlier decision of
Cabinet (Min. No. C2213) the report outlined the situation in
respect of the former Lifeguard Building situated at The Knap,
Barry, the Watch Tower and Rocket Shed. It was indicated that
whilst that part of the Lifeguard Building which was not utilised
by the Knap Lifeguards had attracted some interest, the estimated
cost of bringing the building back into use had been deemed
prohibitive. It was considered that it was highly unlikely
that any tenant would be forthcoming and that the costs of
marketing the building would therefore be wasted.
Investigations into the former Rocket Store showed that it was now
within private ownership. The marketing of the Watch Tower,
it was considered, could attract some interest and would be
welcomed by the local action group which had previously expressed
concern at the condition of the structure. A Development
Brief for Watch Town was appended to the report. Authority
was now sought to invite expressions of interest for at least a 25
year lease for the building which would require the successful
applicant maintaining the building in accordance with its
listing. It was further proposed that the quality of the
scheme and any community benefit would be the main criteria in
determining the eventual use rather than purely financial gain for
the Council. It would, however, be expected that the
Council would not contribute to the cost of any scheme and that the
building would be returned to the Council in good condition at the
end of the lease.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the draft Development Brief be approved.
(2) T H A
T the Director of Environmental and Economic Regeneration in
consultation with the Directors of Legal, Public Protection and
Housing Services, and Finance, ICT and Property market the Watch
Tower and that the results of the marketing exercise be reported to
Cabinet.
(3) T H A
T the position with regards to the Lifeguard Building and Rocket
Store be noted.
Reasons for decisions
(1&2) To find a suitable use for the
Watch Tower.
(3) To
note the current situation.
C532
THE VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN 2011 - 2026 (LDP) -
REPORT ON THE REVISED CACI RETAIL PLANNING STUDY AND THE LDP
BACKGROUND PAPER 'TOWN AND DISTRICT CENTRES RETAIL STUDY' (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
Both of the above studies had been prepared to
support and inform the production of the emerging Vale of Glamorgan
LDP. The Town and District Centres Retail Study had been
prepared by external consultants, namely Martin Tonks, and had
examined the viability and vitality of the Vale's main retail
centres in Barry, Cowbridge, Llantwit Major and Penarth and had
assessed how those centres performed against a set of national
indicators of viability and vitality. That information
provided baseline data to inform the retailing policy of the
emerging LDP and provided useful information that would assist in
progressing the Council's town centre strategy and town centre
services. The key findings of the study for each of the
centres was contained within the report under consideration and
further details on the survey results and recommendations for each
centre were provided within the full report. As indicated
above, the report provided specific recommendations for each centre
including SWOT analysis and the designation of retail frontages
within which specific planning policy guidance would need to be
developed as part of the Deposit LDP. One key outcome, it was
noted, was the recommendation for Upper Holton Road to be
re-classified as a local centre within the current retail
hierarchy. The study had also identified several common
themes such as the management of parking in most centres and also
the encouragement of appropriate fascia designs through the
Council's grant regime and a recommendation for the introduction of
shop front guidance for all district centres.
As regards the CACI Retail Planning Study
previously reported to Cabinet in March 2009, an alternative retail
capacity study prepared by Nathaniel Litchfield and Partners (NLP)
had since been received. That report had utilised a different
methodology to that employed by CACI and, as such, had raised
questions. Having discussed those questions with CACI, CACI
had identified an error in the earlier report. To conclude,
therefore, the main amendment to the report related to the level of
convenience spend for Barry which now concluded that it could
support 3,803m² of convenience capacity by 2012 and 3,928m² by
2026. Detailed within the report were the main points in
respect of convenience and comparison goods from the revised
report.
This was a matter for Executive decision.
RESOLVED - T H A T the report be approved and
the studies noted and endorsed to enable them to be used to inform
the production of the Deposit Local Development Plan.
Reason for decision
To obtain approval and ensure Cabinet is kept
informed of progress on the LDP and to ensure that the LDP is based
on reliable evidence.
C533
PLANNING COMMITTEE MATTERS: THIRD PARTY INVOLVEMENT AT PLANNING
COMMITTEE (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Late last year, the Chairman of the Planning
Committee had received a request from Councillor N.P. Hodges in his
capacity as a member of Barry Town Council to consider allowing
third party participation at the Planning Committee. The
request included research that had been undertaken by Councillor
Hodges into the situation in other Councils in Wales. The
results of that research indicated that 14 Councils allowed some
form of third party representation at the Planning Committee, two
further respondents allowed no third party involvement and five
Councils failed to respond (although it would appear that none of
those Councils allowed third party involvement). It was clear
that if third parties were allowed the right to address the
Committee, that right should also be extended to a right of reply
from planning applicants or their agent.
A closer assessment of the request raised a
number of difficulties and problems which would be encountered were
the Council to promote such an approach.
·
The current Committee process would be significantly lengthened by
affording various parties the opportunity to speak.
·
Some form of stewarding of the public and associated controls over
the time each party would be allowed to speak would be required,
substantially increasing the costs associated with running the
Committee.
·
The current venue for the meeting was not conducive to the public
speaking from the public gallery.
·
Members of the Committee would have a very short time to consider
and respond to the points raised verbally which could lead to more
deferments.
·
The Council would have no control over the content of third party
representations and concerns were expressed that if unsubstantiated
statements were made by either objectors or applicants, the whole
process could be open to judicial review in the courts.
Furthermore, it was considered that it would not be clear that the
process would be seen as fair if an applicant or agent was unable
to attend when an objector expressed views, leading to concerns
that that would not be seen as complying with natural justice which
might again lead to deferments and the whole process being
lengthened.
·
There was a fear that in emotive or difficult cases the planning
merits of the matter being considered would be ignored.
·
There was also a concern that it could lead to a system where those
with the financial means could pay for the best advocacy in an
attempt to impact on the discussion which might in turn
disadvantage objectors or applicants.
Officer contact had been made with the three
neighbouring local planning authorities of Cardiff, Rhondda Cynon
Taff and Bridgend, each of which operated slightly different
versions of third party involvement at Committee. Officers
from RCT expressed most concern as they currently had no limits on
the number of persons able to speak at Committee either for or
against an application and were currently looking at revising their
rules because of concerns at the quality of decisions being made by
the Planning Committee. Cardiff and Bridgend, whilst more
specific about who could speak at meetings, did express similar
concerns to those rehearsed above. Both latter Councils, it
was noted, held Committee meetings during the working day due to
the additional time required to allow third party
involvement.
The Cabinet Member for Planning and
Transportation then referred to the fact that the Planning
Committee was a quasi-judicial Committee and that decisions taken
on matters before that Committee were made by the Members of that
Committee alone. The Members of the Committee would take into
account all representations made whether from applicants, agents,
objectors or representatives of any of the above such as local Ward
Members but would then consider the matter before them in an
objective manner. Members would also, of course, have regard
to officers’ professional advice. He drew attention to the
possibility that third party involvement would inevitably reduce
the ability of Members to consider planning applications
objectively. He drew attention to the possibility that
applicants could have recourse to Judicial Review if those
applicants considered that the Planning Committee had not dealt
properly with the matters before them as a consequence of third
party representations made on the evening (to which Members would
have had little time to prepare a considered response).
The current system allowed very generous late
representations up until 12 noon on the day before the Committee
which allowed officers and Members 24 hours to consider the
comments submitted and ensured that everyone was fully advised
before attending the Planning Committee. Town and Community
Councils already had generous consultation allowances and any
comments made as a consequence would be accepted up until 12 noon
on the day before Committee in common with other parties.
Town and Community Councils were also currently invited onto the
Conservation Advisory Group when applications were presented from
the areas they represented and, as such, they were able to make
further comments through that process.
This was a matter for Executive decision.
RESOLVED - T H A T the status quo be
maintained in respect of the way representations in relation to
matters before the Planning Committee were dealt with.
Reason for decision
In the interests of efficiency and to assist
Members of the Planning Committee in dealing with the business of
the Planning Committee.
C534
BARRY RAILWAY PROJECT: CAMBRIAN TRANSPORT AGREEMENTS (DEER)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
Cabinet made the decision to enter into lease
arrangements with Cambrian Transport as the preferred operator for
the Railway Project back in November 2008 (Min. NO. C221
refers). Following that approval, a Notice to Quit the site
was served on the Vale of Glamorgan Railway Company. Cabinet
was informed that that matter was being contested. In the
interim, and in order for activity to take place, it was proposed
that a Tenancy at Will arrangement for the Barry Island Station
building would be the best way forward and Cambrian Transport had
agreed to take occupation on that basis. Members noted that
there was a risk that any Court action instigated by the VoG
Railway Company could result in a position which would prevent the
Council entering into formal lease for the Barry Island
property. The terms of a Tenancy at Will were that the Tenant
agreed and acknowledged that they were subject to vacate the
premises forthwith upon notice to do so and that any costs incurred
by the Tenants at Will were at the Tenant’s risk.
This was a matter for Executive decision.
RESOLVED - T H A T the occupation of the Barry
Island Station building by Cambrian Transport Limited under Tenancy
at Will provisions be approved.
Reason for decision
To enable occupation of these offices to set
up operations for running the Barry Railway Project until formal
lease arrangements can be completed.
C535
ESSENTIAL CAR USER ALLOWANCE - RESTRUCTURING IMPLICATIONS FOR
EMPLOYEES (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -
Back in February 2007, Cabinet had resolved
that no staff appointed to any post through internal or external
recruitment, promotion, transfer or re-deployment would receive
essential user status (Min. No. C2920 refers). Trade Union
representatives subsequently requested consideration of the issue
in the belief that the decision to remove Essential Car User
Allowance for all new applicants had been applied
incorrectly. It was considered that the current rules were
ambiguous and that there had been inconsistency in their
interpretation and administration. In order, therefore, to
address the issue, it was proposed that staff affected by a
staffing restructure, including those issued with an 'at risk'
letter, facing potential displacement, re-designation / re-grading
or issued a revised job description / person specification receive
up to one year's protection of their essential car user status and
continue to receive essential user lump sum and mileage allowance
at the appropriate standard allowance plus mileage following the
effective date. The effective date for commencement of the
one year's protection would be on implementation of the new
structure or the date the employee commenced in the 'new / matched
position' whichever the earlier. Any employees affected since
the Cabinet decision in February 2007 would have one year's
protection following the date of change or would be protected until
31st July, 2009. Staff claiming protection would
need to register their request with the Head of Human Resources
and, if applicable, apply for back payment. It was noted
that, to date, the staff affected were those involved in
re-structures within Housing, Social Services and Building
Maintenance. The Trade Unions subsequently consulted with
their members and, whilst there was a preference from Trade Union
members that the essential car user allowance should be retained,
there was a tacit agreement and understanding that the protection
proposals provided a fair way of dealing with current
inconsistencies and of providing support to existing
employees.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T protection be provided of essential car user status if employment
ceased in a job role specifically due to a re-structure within the
work force with the Council where the new post was the same or
within one grade above or below the former position and where there
was no other reason where essential car user status would be
withdrawn with effect from 28th February, 2007.
(2) T H A
T it be agreed that the above protection would end at
31st July, 2009 or 12 months after the date of
re-organisation or job change whichever were later.
(3) T H A
T the policy as set out in Resolution (7) of Cabinet Minute No.
C2920, February, 2007 be amended to reflect Resolution (1)
above.
(4) T H A
T, where staff had already been subject to a reduction, the
Director of Finance, ICT and Property be authorised to make a back
payment of the net loss as determined by the aforesaid
Director.
Reasons for decisions
(1&2) To assist employees in
adjusting following a restructure who had essential car user
allowance removed as a consequence.
(3) To
amend the original decision.
(4) To
authorise the payment of protection in arrears.
C536
CAPITAL MONITORING: 1ST APRIL - 31ST MAY,
2009 (CMT) (SCRUTINY - CORPORATE RESOURCES) -
Cabinet was updated on the progress of the
2009/10 Capital Programme for the above period and, where
necessary, requested to approve changes to that
programme.
This was a matter for Executive decision.
RESOLVED - T H A T the following changes to
the Capital Programme be agreed:
·
Early Years Capital Grant - increase the Capital Programme by
£148k. funded from WAG grant
·
Transport Grant - increase the Capital Programme by £694k. funded
from WAG grant.
Reason for decision
To allow schemes to be undertaken in this
financial year.
C537
REVENUE MONITORING: 1ST APRIL - 31ST MAY,
2009 (CMT) (SCRUTINY - CORPORATE RESOURCES) -
The projected outturn for the 2009/10 Revenue
Budget was for a balanced budget on the Council Revenue Budget and
the Housing Revenue Account.
This was a matter for Executive decision.
RESOLVED - T H A T the position with regard to
the 2009/10 Revenue Budget be noted.
Reason for decision
That Members are aware of the projected
revenue outturn for 2009/10.
C538
VALE OF GLAMORGAN LOCAL HOUSING MARKET ASSESSMENT (DLPPHS)
(SCRUTINY - HOUSING AND PUBLIC PROTECTION AND ECONOMY AND
ENVIRONMENT) -
WAG had published guidance in March 2006 on
the delivery of a Local Housing Market Assessment (LHMA) in order
to develop an understanding of the nature and level of housing
demand and need in the local housing market. Based on that
assessment authorities would then have the basis on which to
develop sound planning policies including affordable housing
policies in their Local Development Plans (LDPs) in order to
provide the right mix of housing in terms of tenure and to develop
sustainable communities. The guidance encouraged authorities
to work with adjoining authorities and, for that reason, this
Council had jointly commissioned the delivery of a LHMA with
Cardiff Council. It was accepted that the LHMA was
essentially a snap shot of the position at that particular time
(June 2007). As part of the commissioning of the LHMA,
however, the Council had also been provided with a tool kit by
which it could update the findings annually - the first update
being carried out before the end of the current year.
The conclusions in the report recognised the
growing problems of affordability in the Vale of Glamorgan and the
consequent effects on migration and travel to work. The LHMA
was split into the five sub-areas of Barry, Penarth, rural, east
Vale and coastal regions. It contained an assessment of the
number of households in housing need as follows:
·
current need (assessing housing suitability, affordability and
homeless households)
·
the availability of stock to off-set that need
·
newly arising need (through newly forming households and existing
households falling into need)
·
the supply of affordable units of housing (including the number of
annual supply of social housing re-lets and intermediate
housing).
An assessment of the housing type classified
as in need showed that 23.8% were lone parents, 22.6% single non
pensioners, 17.4% two or more adults with no children, 14% two or
more adults with one child, 13.7% two or more adults with two or
more children, 6.2% single pensioners and 2.3% two or more
pensioners. The identified overall housing need of 652
affordable housing units per annum in the Vale was significantly
higher than the average for Wales and Scotland but not much below
the British average. It was considered, therefore, that the
situation was not merely serious in absolute terms but in relative
terms across Britain.
The Consultants, however, felt that the WAG
methodology to obtain the results above had been geared towards an
ideal state of affairs and not to the current reality. As a
consequence, the Consultants undertook a modelling exercise through
a 'Balancing Housing Market' (BHM) assessment and then compared the
likely future demand of housing against the likely future supply
using information derived from the main household survey.
Using the Consultant's own BHM methodology resulted in the need for
an additional annual need of 572 properties of which 119 should be
for owner occupation, 150 for private rental, 108 intermediate and
195 for social renting. The findings in respect of Affordable
Housing requirements would be used to inform the production of the
Council's Affordable Housing Delivery Statement and the emerging
Local Development Plan. In light of the findings of the final
LHMA officers intended to revisit the LDP as part of the
preparation of the Deposit Draft Plan. In relation to the
Council's current Adopted Unitary Development Plan, it was
anticipated that the findings of the LHMA justified an increase in
the Council's current affordable housing requirements and,
consequently, a new draft Supplementary Planning Guidance for
Affordable Housing would be included in the Council's Affordable
Housing Delivery Statement in order that it could be used as a
material planning consideration prior to the adoption of the
LDP.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Local Housing Market Assessment, as appended to the report be
accepted and the policy implications for the Vale of Glamorgan
noted.
(2) T H A
T the report be referred to the Scrutiny Committees (Housing and
Public Protection) and (Economy and Environment).
Reasons for decisions
(1) To
ensure that the Council is able to meet the demand for the
additional number of affordable and market housing units needed in
the Vale of Glamorgan.
(2) For
information.
C539
HOUSING BUSINESS PLAN 2009 (DLPPHS & DFICTP) (SCRUTINY -
HOUSING AND PUBLIC PROTECTION) -
Several changes had occurred in the Housing
Business Plan submitted to WAG in April 2008, which had been
encompassed in the latest revised plan appended to the
report. The changes to the base model were summarised as
follows:
|
Assumption
|
April 2008
|
April 2009
|
|
Inflation
|
2.0%
|
2.5%
|
|
Supervision and Management Costs
|
Based on 2008/2009 budget of £2.7 million
|
Based on 2009/10 budget of £3.4 million
|
|
Revenue Repairs - Responsive
|
2008/09 - £524 per unit
2009/10 - £419 per unit until 2014/15
2015/16 onwards - £314 per unit
|
2009/10 - £495 per unit
2010/11 - £408 per unit until 2013/14
2014/15 onwards £306 per unit
|
|
Revenue Repairs - Cyclical
|
2008/09 - £282 per unit
2009/10 onwards - £157 per unit
|
2009/10 - £266 per unit
2010/11 onwards £153 per unit
|
|
Subsidy Variable:-
Management & Maintenance Allowance
|
£1,827 per unit increasing inline with
inflation only.
|
£2,006 per unit increasing inline with
inflation only.
|
|
Capital Investment / Stock Condition
|
Based on Savills Survey September 2007, unit
costs to rise in line with industry measure of Tender Price
inflation from 2009/10 to 2011/12. Rising in line with CPI
afterwards.
|
Based on Savills Survey September 2007, rising
in line with inflation at 2.5% per annum
|
|
Penarth Heights Capital Receipt
|
Total £3.6M receipt expected. 50% being
useable.
|
None assumed
|
|
Major Repairs Allowance
|
£2.7million, £684 per annum per unit
|
£2.7million, £684 per annum per unit
|
|
Prudential Borrowing
|
£16.7million
|
£31.62million
|
|
Supported Borrowing
|
£17.55million
|
£12.9million
|
|
RTB Sales
|
15 per annum gradually increasing until
2014/15 after which assumed increase to 45 per annum
|
10 per annum
|
|
Land Sales
|
£2million in total with 50 % useable.
£1.5 million in 2009/10, £0.5 million in
2010/11
|
£1million in total, with 50% useable.
£0.5 million in 2010/11, £0.5 million in
2011/12
|
General Inflation throughout the Plan had been
increased from the Government’s target of 2.0% to 2.5%.
Supervision and Management costs had been increased in 2009 to
include the WHQS team (£290,000) and the Disabled Adaptations and
Voids Team (£72,000). There was also an increase of £163,000
in central support recharges. In addition the April 2008 Plan had
assumed that there were £100,000 of Housing Strategy costs that
could be charged to the General Fund. Any possible recharges
would now have to be explored and recharged accordingly.
Inflationary increases of £75,000 have also been included.
Revenue Repairs had been adjusted to reflect the 2009/10
budget. The April 2008 Business Plan included higher rates of
inflation on Building Costs. The 2008 Plan had assumed that
Management and Maintenance Allowances would increase by inflation
only, (at 2.0%), however the 2009/10 Housing Revenue Account (HRA)
Subsidy Determinations showed an increase on 2008/09 of 9.8%.
Assumptions surrounding any capital receipts, such as Right-to-Buy
sales, Land Sales and Penarth Heights had been scaled down to
reflect the current economic downturn. Supported Borrowing
for Disabled Facilities Grants (DFGs) had been reduced from
£450,000 per annum to £280,000 per annum. Prudential
Borrowing had been increased to reflect the changes outlined
above.
It was noted too, there were a number of
inherent risks associated with stock retention, the potential
impact of some of those risks occurring being highlighted in
Sections 3.6 and 3.7 of the Business Plan. There were also a
number of events which would result in the Business Plan being
unviable. Appendix D of the Business Plan gave a risk
analysis based on the sensitivities already explored, the highest
rated risk being that Right-to-Buy sales stopped altogether.
Another major risk was the impact of Prudential (Unsupported)
borrowing which, as indicated in Section 3.8 of the Business Plan,
showed what level of Unsupported Borrowing would remain with the
Council should stock transfer take place at some time in the
future.
This was a matter for Executive decision.
RESOLVED - T H A T the changes to the Business
Plan as outlined above and as appended to the report be noted with
grave concern.
Reason for decision
To update the Business Plan with the latest
information available and to reflect the concerns of Cabinet.
C540
COUNCIL HOUSING STOCK (DLPPHS) (SCRUTINY - CORPORATE RESOURCES AND
HOUSING AND PUBLIC PROTECTION) -
Whilst the Council had previously resolved to
retain the Council's housing stock subject to a viable business
case in favour of retention, concerns in respect of a number of
financial sensitivities and other issues had resulted in the
commissioning of Tribal Consultants to carry out a further Options
Appraisal. That Options Appraisal report was appended to the
report together with an overview of the estimated financial impact
of a stock transfer on the Council's General Fund. Tribal had
expressed concern that the Council's average proposed investment
per dwelling over the 30 year Business Plan of £48,552 was
significantly lower than that in any other Welsh Council and the
Welsh average of more than £60,000. The level of unsupported
borrowing required to meet the Welsh Housing Quality Standard
(WHQS) without a retention strategy represented a significant risk
to the Council. Other risks included future changes to the
amount of subsidy (MRA), the possibility of future legislation
could force the Council to transfer to another Registered Social
Landlord (RSL), overhanging debt provision and more detrimental
changes to HRA rules. As mentioned earlier in the meeting,
there were a number of inherent risks expressed in the Business
Plan as sensitivities. Examples of how certain sensitivities
could render the Business Plan unviable were set out in the
Appendix to the Business Plan and included:
·
building costs rising by more than anticipated
·
inflation higher than 2.5%
·
efficiency savings of 1% per annum not achieved
·
management and maintenance allowances increased by less than
inflation.
The Housing Stock Options Appraisal
highlighted the following risks as critical:
·
right-to-buy sales
·
land receipts
·
management costs
·
costs to meet and maintain WHQS.
Further details pertaining to the above were
contained within the report. It was noted that, based on the
Consultant's report, there would be no advantage to the Council on
stock transfer unless there were a commitment from WAG to the
payment of gap funding (dowry) to enable the new RSL to regenerate
some of its stock and improve its general estate
environments. That could only be achieved if the Council
could demonstrate a negative stock valuation accepted by WAG.
It was noted that tenants would most likely benefit from an
increased level of investment far in excess of that which the
Council could provide subject to a negative valuation being
acceptable to WAG although it had to be recognised that gap funding
/ dowry was only guaranteed for the first five years following
transfer. Other benefits to tenants could include having
direct influence over the running of the RSL and decision making
process, and having a minimum of a third of the seats on the Board
of Management of the new landlord. It was noted too that all
current tenancy condition rights would be protected for
transferring tenants and rent levels would be protected through
rent guarantees contained within the Council's offer document along
with WAG rent convergence rules.
Details were contained within the report of
the pre-ballot process (should it be agreed to hold a ballot) and
the costs. Consultants had estimated that pre-ballot costs
would amount to around £1,350,000; the usual practice was for those
costs to be met by the WAG subject to the Council strictly
following the processes approved by WAG.
RESOLVED -
(1) T H A
T, in the best interests of the Council’s tenants, consultation by
way of a ballot as to whether the Council’s housing stock should be
transferred to an alternative provider be undertaken, clear concise
and balanced information being made available to all tenants on the
pros and cons of the options under consideration.
(2) T H A
T the report be referred to the next meeting of the Council for
consideration.
Reasons for decisions
(1) To
determine the way forward.
(2) The
decision to ballot the tenants is a decision for the Council.
C541
THE VALE OF GLAMORGAN CONSULTATION DRAFT AFFORDABLE HOUSING
DELIVERY STATEMENT (DEER & DLPPHS) (SCRUTINY - ECONOMY AND
ENVIRONMENT AND HOUSING AND PUBLIC PROTECTION) -
Authority was sought to approve the Council's
Draft Affordable Housing Delivery Statement (AHDS) as appended to
the report for public consultation prior to its consequent adoption
by Cabinet. Attention was drawn to the fact that the AHDS
incorporated a new draft Affordable Housing Supplementary Planning
Guidance (SPG).
The production of AHDSs was considered by WAG
as essential for ensuring that national planning guidance on
affordable housing was implemented to enable delivery of affordable
housing. The key aspect of the AHDS was the requirement of an
affordable housing target that the Council anticipated would be
delivered during the period covered by the AHDS and the potential
sources of affordable housing such as the use of Section 106
Agreements. The AHDS identified the potential for some 954
houses to be delivered between 2007 - 2011. In addition to
setting an affordable housing target, the AHDS could be used as a
mechanism for the introduction of interim planning policy measures
where either the local planning authorities currently adopted Plan
did not reflect national planning policy on affordable housing or
where a local authority's latest Local Housing Market Assessment
(LHMA) identified a significant increase in the need for affordable
housing. In relation to the latter, Fordham's Research study
highlighted that affordable housing would continue to form a
significant element of the overall housing market within the Vale
of Glamorgan, estimating a continued additional annual need of 303
affordable dwellings.
As a result of the high shortages of
affordable housing and the prospect of future affordable housing
shortages within the Vale, Section 7 of the AHDS proposed the
introduction of new SPG on Affordable Housing, setting out new
protocols for securing affordable housing through the planning
system. Further details pertaining to site targets and
thresholds for affordable housing together with site thresholds
were contained within the report.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the draft AHDS as appended to the report be approved for public
consultation purposes.
(2) T H A
T the draft AHDS be submitted to WAG by the extended deadline of
1st September, 2009 prior to the completion of the
consultation with the caveat that it had yet to be approved in its
final format by Cabinet.
(3) T H A
T the findings of the public consultation exercise be reported to
Cabinet in October 2009.
(4) T H A
T the report be referred to the Planning Committee, and the
Scrutiny Committees (Housing and Public Protection) and (Economy
and Environment) for consideration.
Reasons for decisions
(1) To
carry out public consultation on the draft AHDS to provide
additional weight as a material consideration in determining
planning applications and appeals.
(2) In
order to comply with the WAG deadline.
(3) To
inform Members of the consultation responses and seek approval of
any changes prior to the adoption of the AHDS.
(4) To
advise the Planning Committee and relevant Scrutiny Committees of
the production of the AHDS.
C542
MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -
RESOLVED - T H A T the following matter which
the Chairman had decided was urgent for the reasons indicated be
considered.
C543
CASE MANAGEMENT INQUIRY ACTION PLAN - PROGRESS REPORT (DSS)
(SCRUTINY - SOCIAL CARE AND HEALTH) -
Urgent by the reason of the need to
ensure the timely delivery of the Action Plan
Details relating to the progress in
implementing the Action Plan which had been produced in response to
the recommendations from the report of the Case Management Inquiry
were presented together with copies of recent correspondence, the
Cabinet Member stressing that the Council wanted to be seen as open
and transparent in its approach to resolving matters. The
Deputy Minister had asked the Care and Social Services Inspectorate
Wales (CSSIW) to advise her about how the matters raised in the
report should be taken forward. The Chief Inspector had been
provided with detailed information by the Director of Social
Services and, the Deputy Minister for Social Services had made a
Written Statement on 8th July 2009. A copy of
that Statement was appended to the report; it described signs of
improvement in Social Services in the Vale of Glamorgan,
particularly in relation to the engagement and oversight of the
political and corporate bodies and some aspects of Children’s
Services. The Deputy Minister reported that the Chief
Inspector had decided to undertake a review of the Authority, with
a specific focus on the particular issues raised by the case.
That review would take place later in the current year and would be
in addition to any enforcement action deemed necessary in relation
to the Adult Placement Scheme and the Care Standards Act
2000. The Deputy Minister had requested a meeting with the
Leader and the Cabinet Member for Social and Care Services to
emphasise her concerns and stress the importance of addressing
those concerns efficiently and effectively. The Deputy
Minister had also written to all Directors of Social Services in
Wales to alert them to the case and to inform them that she was
considering whether any changes to the Regulations or National
Minimum Standards for Adult Placement Schemes were required.
She was considering too whether any further Children’s Policy
issues required to be addressed, including those related to the
transition to adulthood for vulnerable young people.
It was accepted that the Social Services
Directorate continued to make progress and an updated version of
the Plan attached at Appendix 2 to the report showed that all the
actions scheduled for June had been completed and that other work
was on schedule. Additionally, work had been undertaken by
the Corporate Management Team to improve the arrangements in place
to ensure that agencies worked together in reducing the risk posed
by sexual and violent offenders to members of the public.
Revised guidance had recently been published outlining how those
arrangements would work. The Council’s role was being
reviewed and an action plan had been agreed by Corporate Management
Team which would help to produce a more effective and unified
corporate response from all Directorates. The Chief Executive
had agreed a Memorandum of Understanding with the Chair of the
Strategic Management Board (SMB) of the South Wales Multi Agency
Public Protection Arrangements (MAPPA), alongside a document
setting out the roles and terms of reference for the SMB. The
Head of Adult Services would represent the Council on the SMB and
would also chair an internal co-ordinating group with
representatives from Chief Officer level from all the relevant
Directorates. A letter from the Assistant Chief Inspector
(CSSIW) dated 10th July, 2009 was appended to the
report.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the progress report on the programme of work arising from the
Action Plan be accepted.
(2) T H A
T the progress report be referred to the next meeting of the
Scrutiny Committee (Social Care and Health).
Reasons for decisions
(1) To
ensure that:
·
Cabinet is aware of the progress made
·
Actions in the Plan are achieved promptly and with the right
outcomes for people who depend upon good quality social care
services.
(2) To
ensure that the Scrutiny Committee is able to exercise effective
oversight of the way in which the Action Plan is implemented.
C544
EXCLUSION OF PRESS AND PUBLIC -
RESOLVED - T H A T under Section 100A(4) of
the Local Government Act 1972, the press and public be excluded
from the meeting for the following items of business on the grounds
that they involve the likely disclosure of exempt information as
defined in Part 4 of Schedule 12A (as amended) of the Act, the
relevant paragraphs of the Schedule being referred to in brackets
after the minute heading.
C545
PENARTH CENTRAL RENEWAL AREA: GROUP REPAIR PHASE 6C - APPOINTMENT
OF CONTRACTORS (DLPPHS) (EXEMPT INFORMATION - PARAGRAPH 14)
(SCRUTINY - HOUSING AND PUBLIC PROTECTION) -
Four tenders had been received, details of
which were contained within the report.
This was a matter for Executive decision.
RESOLVED - T H A T, subject to the contractor
providing a satisfactory Health and Safety Plan for the
construction stage and the required Performance Bond, the tender
from SERS in the sum of £466,655.51 be accepted and that the
Council enter into a contract with SERS to undertake Phase 6C of
the Group Repair Programme for the Penarth Central Renewal
Area.
Reason for decision
To enable progress of the Group Repair
Programme.
C546
PENARTH CENTRAL RENEWAL AREA: GROUP REPAIR PHASE 7A - APPOINTMENT
OF CONTRACTORS (DLPPHS) (EXEMPT INFORMATION - PARAGRAPH 14)
(SCRUTINY - HOUSING AND PUBLIC PROTECTION) -
Four tenders had been received, details of
which were contained within the report.
This was a matter for Executive decision.
RESOLVED - T H A T, subject to the contractor
providing a satisfactory Health and Safety Plan for the
construction stage and the required Performance Bond, the tender
from Vale Building Services in the sum of £466,703.30 be accepted
and that the Council enter into a contract with Vale Building
Services to undertake Phase 7A of the Group Repair Programme for
the Penarth Central Renewal Area.
Reason for decision
To enable progress of the Group Repair
Programme.
C547
PENARTH CENTRAL RENEWAL AREA: GROUP REPAIR PHASE 7B - APPOINTMENT
OF CONTRACTOR (DLPPHS) (EXEMPT INFORMATION - PARAGRAPH 14)
(SCRUTINY - HOUSING AND PUBLIC PROTECTION) -
Four tenders had been received, details of
which were contained within the report.
This was a matter for Executive decision.
RESOLVED - T H A T, subject to the contractor
providing a satisfactory Health and Safety Plan for the
construction stage and the required Performance Bond, the tender
from ROALCO in the sum of £357,412.00 be accepted and that the
Council enter into a contract with ROALCO to undertake Phase 7B of
the Group Repair Programme for the Penarth Central Renewal
Area.
Reason for decision
To enable progress of the Group Repair
Programme.