Welcome to the
Vale of Glamorgan Council

CABINET

 

Minutes of a meeting held on 2nd September, 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 R.F. Curtis.

 

 

C578              MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 29th July, 2009 be approved as a correct record.

 

 

C579             DECLARATIONS OF INTEREST -

 

The following Councillors declared interests as shown below:

 

Councillor G.A. Cox, Councillor G.C. Kemp and Councillor T.H. Jarvie

Agenda Item Nos. 17 and 19 - each being Governors of Cowbridge Comprehensive School, appointed by this Council.

 

Councillor A.M. Ernest

Agenda Item No. 16 - Fire and Rescue Authorities: Financial Reserves - being one of the Council's nominated representatives serving on the South Wales Fire Authority.

 

Councillor R.L. Traherne

Agenda Item No. 22 - Leases held by Cowbridge First Scout Group and Cowbridge Amateur Dramatic Society - being Vice-Chairman of the Cardiff and Vale Area Scout Council.  Councillor R.L. Traherne vacated the room during consideration of Agenda Item No. 22.

 

 

C580              CORPORATE PARENTING PANEL -

 

The following minutes of a meeting held on 1st July, 2009 were submitted:

 

Present: Councillor Dorothy Turner (Chairman), Councillor AD Hampton, Phil Evans (Director of Social Services), Bryan Jeffreys (Director of Learning and Development), Jenny Smith – Specialist Teacher (LAC), Gareth Jenkins (Head of Children & Young People Services), Guest D,  Caroline Rees (Head of Service for Additional Learning Needs), Ceri Spence (Service Manager – Children & Young People Services), Vic Thomas (Principal Officer - Children & Young People Services), Catherine Hanlon (Cabinet Support Officer.)

 

 

Actions

(1)     Apologies for Absence

 

None received.

 

 

(2)     Minutes

 

The Minutes were agreed as an accurate record.

 

 

(3)     Declarations of Interest  –

 

No Declarations were received.

 

 

(7)  Transition from Children’s Services to Adult Services

 

Ceri Spence and Vic Thomas from Children and Young People Services attended the meeting to provide the Panel with a briefing on issues surrounding transition from Children’s Services to Adult Services for young people including disabled young people. 

 

DT explained that the recent Social Services Case Management Enquiry highlighted some issues with regards Transition and as such a presentation on the key issues and problems with the process to the Panel has been scheduled.

 

DT explained that there is the intention to increase the number of members who attend Corporate Parenting Panel and following this increase a Task and Finish Group will be established to focus on the issue of Transition for disabled young people and those young people leaving care.

 

The Panel agreed that the minutes of the CPP should be circulated to Cabinet, Children and Young People’s Partnership and Social Services Scrutiny for their information.

 

CS presented a paper to the Panel entitled ‘Transition Briefing Paper’ (appended) in which the Transition process was described.  Areas for further development and focus were also highlighted.  In addition areas in which the Transition process has been commended were illustrated.

 

CS outlined that there is an issue at times with the overlapping of meetings across the special schools. 

 

Suggestion raised that the Programme for these meetings across the schools be staggered to avoid clashes.  CR will speak with schools regarding this.

 

CS outlined the process by which young people can apply for access to services at age 17 ½ years by completing a Unified Assessment which is determined according to a ‘Critical and Substantial’ criteria. 

 

DT queried where parents/service users were able to obtain advice regarding this process.

 

CS explained that advice can be provided through several avenues;

1)       Involvement of Adult Services

2)       Careers Wales have a duty to provide advice/information.

 

CS also outlined areas for further development.

 

Issue raised regarding late referrals for a Transition Plan.  DT expressed concern that even in situations where a referral has not been sought for a Service User a flag should be in place in order to increase awareness.

 

Finally CS outlined the aspects that work well within the process.

 

Vic Thomas then presented the position for young care leavers to the panel.  VT reiterated the need for earlier involvement in the leaving care process. 

 

VT explained that how well children are skilled for independent living is an important factor in the leaving care process.  VT intimated that this is very variable across different family situations.  VT, therefore, stressed the need for Social Workers and Foster Carers to encourage young people to develop skills required for independent living as an area for improvement. 

 

VT also highlighted concerns regarding the types of accommodation available to those children leaving care.  Primarily housing is within hostel settings which is not always the optimum placement in some cases.  A greater range of provision is needed.

 

One suggestion raised as a potential option for consideration, in some cases, is for young people (YP) to develop and maintain a tenancy which has been negotiated by the Service Provider with a Private Landlord.  In this the YP would be supported by the Provider who manages any risks.

 

VT also highlighted the need for strengthening and improving working relationship between the Leaving Care Team and the Housing Department, in particular with regards to issues of Homelessness.

 

Guest D was asked if she had been given advice with regards her opportunities for progression following school?

 

Guest D explained that she has raised this as a query herself and the situation was unclear.  Following discussion with her Young Persons Advisor (YPA) she was made aware that she is able to proceed onto University but she did experience some difficulties in sourcing information.  Primary concern centres on accommodation during holidays etc…

 

JS agreed that concern regarding accommodation is one of the primary factors leading to students dropping out of Barry College.

 

VT agreed indicating that finding suitable accommodation is the key to successful transition in that in many cases housing issues govern educational issues.

 

Agreed by the Panel that at the next meeting a group would be set up to examine these issues on Transition arrangements incorporating education in order to produce a document to go to Cabinet.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MP/CH

 

 

 

 

 

 

 

 

 

 

 

CR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All Members

(6) Service User Update

 

Guest D updated the panel on the outcome of the meeting held between herself and other Service Users at Barry Comprehensive. 

 

The group discussed changes they would like to make to the young peoples’ information folder.  These changes included producing it in A5 size and for it to be available on a CD Rom.  The group also felt that they would like to model the design on their school planners which they believe to be user-friendly.

 

Each member of the group is currently researching an individual area in order to compile a leaflet with useful information for looked after children.  They will meet in September to assimilate the information and compile the leaflet.

 

The group also had a discussion on their emotional experiences when entering care and it emerged that ‘Emergency Placements’ was an area of particular difficultly for children.  The group felt that if the children could have a small amount of information on the carers prior to placement this may alleviate some of the anxiety.  It was suggested that each family could produce a brief summary on themselves/their lives which would be kept on file and could be given to the children prior to placement.

 

The group has arranged to meet again in September.

 

The Panel welcomed these proposals and suggestions.  The Panel agreed to support all the proposals from the Service User Group. 

 

JS raised the issue of the importance of the presence of Foster Carers at Parents Evenings.   Suggested that elected members could become involved.  Governors could also liaise with LAC in schools, acting as an avenue of support for the children.

 

BJ asked JS to forward him a list of Governors who have not yet attended Governor Training.

 

BJ will compile letter to governors.  JS will provide details.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ALL

 

 

 

 

 

 

 

JS

 

 

BJ / JS

(5) Forward Work Programme

 

FWP to be updated by GJ.  Will be updated in preparation for the next meeting and will be disseminated to group members prior to the meeting for consideration.  Any comments/feedback can then be forwarded to GJ.

 

 

 

GJ

(4)     Information Pack for Elected Members

 

Panel asked to take away the draft document to consider it. 

 

Key points the Panel were advised to consider are:

 

1)       The foreword (Page 3)

 

Guest D was invited to write a foreword from the LAC Council – D agreed that she was happy to do this.  JS/GJ will assist.

 

Suggestion also raised that the document could contain artwork produced by members of the LAC Council. 

 

2)       Official Launch

 

DT raised the possibility of an official launch of the document.  Panel supported this idea. 

 

3)       The document is only in draft form at the moment.

 

4)       Case Studies

 

GJ asked the Panel whether they considered the inclusion of case studies into the document to be useful in illustrating key issues.  Panel agreed that this would be a good idea – possibility of using redacted actual cases/scenarios in the document.

 

Any comments/suggestions for the document should be forwarded to GJ/DT by the end of July.  It is intended then that the final draft of the written content can then be signed off at the end of the next meeting.  Design work can then be finalised with the intention for all work to be completed on the document prior to Christmas.

 

JS stated that the launch of the document would coincide with the timings for the Awards Ceremony in November.  JS queried possibility of funding from Education budget.  BJ and JS to liaise on this.  JS would like to commence arranging for the event now.

 

JS and BJ to organise the ceremony. 

 

PE indicated that the Mayor should be invited to open the event.  Also suggested that a representative from the Children’s Commissioner Officer could be invited to present awards.

 

JS also informed the Panel of a new initiative commencing called the ‘Letterbox Scheme’ in which pupils in Year 3 and Year 5 will receive parcels of books for 6 months in an effort to promote basic skills.  This initiative is funded by WAG.  BJ & JS will draft a press release advertising this scheme.

DT asked if she would comment and agreed that she is happy to do so.

 

 

 

All

 

 

 

 

 

Guest D / JS/GJ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All

 

 

 

 

 

 

BJ/JS

 

 

 

JS/BJ

 

 

JS

 

 

 

 

JS/BJ/DT

 

The next meeting will be held on;

 

16th September 2009

 

 

All meetings will be held at 4.00pm. The next meeting will be held in Committee Room 3, Civic Offices.

 

 

 

 

 

- - - - -

 

RESOLVED - T H A T the minutes be noted.

 

Reason for decision

 

To note the information received.

 

 

C581              VALE OF GLAMORGAN LOCAL ACCESS FORUM -

 

The following minutes of a meeting held on 8th July, 2009 were submitted:

 

Present:Mr. F. Coleman (Chairman); Mr. G.D. Cubbin, Ms. A. Duddridge, Mr. J.J. Herbert, Mr. H.S. McMillan, Mr. N. Moss, Mrs. A. Phillips, Mr. R. Pittard, Mr. R. Simpson and Mr. R. Traherne.

 

Mr. J. Wyatt (Secretary), Mr. B. Guy, Mr. S. Latham and Mrs. S. Thomas (Vale of Glamorgan Council).

 

 

 

Action

(a)       Apologies for Absence -

 

These were received from Councillors A.M. Ernest, Mrs. V.M. Hartrey, Mrs. H. March, Mrs. M. Parry, Mrs. L. Stuart and Mrs. V. Warlow; Ms. S. Tindall (Countryside Council for Wales); Mr. C. Fray (Vale of Glamorgan Council).

 

 

(b)       Welcome -

 

The Chairman welcomed Ms. Annie Duddridge to her first meeting of the Local Access Forum.

 

 

(c)        Minutes -

 

AGREED - T H A T the minutes held on 22nd April, 2009 be approved as a correct record subject to Annie Duddridge’s name being correctly recorded in minute no. (i).

 

 

(d)       Matters Arising -

 

(i)         Allocation of Rights of Way Improvement Plan Monies 2009/10 - B. Guy indicated that were the Council to proceed with the proposal for St. Georges, consultation would take place. 

 

(ii)        Local Access Forum Footpath Surveys - S. Thomas confirmed that sufficient members had already volunteered to partake in the survey but, should there be additional volunteers, they should notify her.

 

(iii)       Terms of Reference - Mr. Pittard suggested that the Terms of Reference should include a statement indicating that members of the public were welcome to attend.  After some discussion, it was considered that since meetings of the Forum were published on the Council’s website together with minutes of previous meetings it was acknowledged that such meetings were indeed open to the public and that there was no need to amend the Terms of Reference.

 

(iv)       Access across Land owned by Major Landowners - Sarah Tindall had agreed at a previous meeting to clarify the position although she had indicated prior to the meeting that she had currently been unable to do so.  J. Wyatt would speak to her further in the hope that such clarification would be available in time for the next meeting.

 

(v)        Task and Finish Group to consider issues relating to linking up of PROW Improvements - Mr. Traherne had withdrawn his name from the membership of the Group.  Mr. McMillan confirmed that one meeting had been held at which the Terms of Reference and scope of activity had been agreed.  The Group was looking at the existing links and those links that would be desirable to achieve a circular route.  The aim of the Group was that its work would be complementary to both the Coastal Access Improvement Programme and to the work of the ROWIP team.   The Chairman would work in the Western Vale whilst he and Mr. Herbert would concentrate on the Eastern Vale, firstly establishing a database in order to assess need including disabled needs.  Once that survey had been completed, Mr. McMillan indicated that additional members would be welcome to join the Group.

 

At this juncture, the Chairman indicated that he had been approached by the Council to act as a paid consultant in negotiating permanency for the right of way of the coastal path.  He did not consider that to pose any conflict of interest but asked the Members if they had any concerns or questions.  The position had come about as a consequence of the absence of the PROW Officer.  The Members of the LAF accepted that there was no conflict of interest.

 

  

(d)       Terms of Reference -

 

When Cabinet had received the minutes of the previous meeting of the Forum, Cabinet had suggested that the word “Chair” in Minute No. (h) paragraph 12 be amended to read “Forum”.  Mr. Traherne indicated that the thinking behind the recommendation of the Cabinet had been that the word “Forum” better demonstrated inclusivity. 

 

Discussion then ensued on the fact that the LAF was a statutory body, that its Terms of Reference had been based on the model Terms of Reference for LAFs drawn up by CCW in conjunction with WAG and that the purpose of allowing the Chairman to act in such matters had been to facilitate the efficient despatch of business between meetings of the LAF.  Following further consideration, it was

 

AGREED - T H A T the wording of the Terms of Reference remain unaltered.

 

 

(e)       To receive Mr. Rowan Hughes, Principal Environmental Health Officer, to discuss issues relating to Dogs in the Countryside -

 

On being welcomed to the meeting, Mr. Hughes set the scene for the Dog Warden Service as it currently existed within the Vale.  The service comprised two wardens, the main function of whom was to collect stray dogs - currently approximately 350 per annum as compared with some 500 ten years ago.  The strays were taken to kennels in Bridgend since it was too costly to provide such a service in-house and no interest had been shown from local kennels in the Vale of Glamorgan.  The sole responsibility for stray dogs had been passed from a joint responsibility with the Police to the Council a couple of years ago and the existing arrangement with Croft Kennels whereby stray dogs were collected from the Council had proved to be an excellent service.  He referred to the fact that the Council had by-laws (which related mostly to parks and public areas) in relation to control of dog fouling, control of dogs on leads and control of dogs on beaches.  The responsibility for dog fouling enforcement had moved from the dog warden unit to Visible Services.  He explained that dog fouling enforcement was very time consuming and that, where any such action was proposed to be taken, it was always challenged.  He indicated that most of the issues related to dogs in urban areas and that over the last year just one incident had been reported of a dog attacking sheep.  As regards dangerous dogs, the Police had responsibility in addition for banned breeds (Pit Bulls) with for example responsibilities under the Guard Dogs Act. 

 

The other primary function of the service was promoting responsible ownership which was done in partnership with the Dogs Trust.  Whilst dogs were required to wear a collar and identification tag, the Council actively encouraged microchipping.

 

In response to questions relating to dogs on beaches, he indicated that the ban was time limited on certain beaches and that there was no limitation on the number of dogs a person could take onto a beach when the ban was not in force but that, notwithstanding, any dog(s) would have to be kept under control.  To promote responsible dog ownership, the service visited schools, and also encouraged worming.  As part of responsible dog ownership, the service visited schools where, amongst other things, worming was encouraged.  He referred to a booklet entitled “You and Your Dog in the Countryside” produced by CCW and others, copies of which were available at the meeting.  As regards dog fouling, he indicated that ordinary litter bins could be used for dog waste as well as Dog Litter Bins.  Reference was made to the costs of cleaning up at Cosmeston and to the efforts of the Park Rangers in educating users of the Park and into dog fouling enforcement on that site.  Enforcement was, however, intensely time consuming but when there were fines and prosecutions it was considered that those should be given a high profile to deter others.  The success of enforcement he considered was largely dependent upon the amount of resources that could be devoted to it.  The spot fine for offending owners was currently £75 but, he indicated, the higher the fee the more vigorous the challenge. 

 

Following further discussion, the Chairman thanked Mr. Hughes for his informative presentation.

 

 

(f)         CCW Consultation on the CROW Act Open Access “Relevant Authority” Guidance -

 

In order to keep Members up-to-date on current consultations, attention was drawn to the above.  The Operational Manager explained that CCW had a duty to apply guidance to “relevant authorities” which administered restrictions on open land access in Wales and that, in respect of the Vale of Glamorgan, the relevant authority was CCW.  Since the situation within the Vale was that all open access land was previously existing common land, it was considered that the guidance had only limited relevance. Details as to how to make a response should any individual Member wish to comment were contained within the report.

 

AGREED - T H A T the position be noted.

 

 

(g)       Notes from the Local Access Forum Conference held on 7th May 2009 -

 

The Chairman had attended the above conference on behalf of the LAF.  A full copy of the presentation was available on CD; any Member requiring a copy was asked to contact B. Guy. 

 

Discussion ensued on the following topics:

 

·              Good Practice: In response to a question from Mr. McMillan as to whether any relevant best practice on the function of LAFs had been identified at the meeting, the Chairman indicated that he was not aware of anything new.  From the discussions at the meeting, it was evident that there were a variety of ways in which LAFs operated in Wales and, as indicated within the notes of the meeting, the underlying message was that LAFs should do what they considered appropriate providing the work was limited to access and recreation and the input / involvement by LAFs was reasoned and balanced.

 

·              ROWIP Review: The Chairman confirmed that the ROWIP review would be circulated to Members of the LAF when it became available.

 

·              Agri-environment Schemes: Mr. Traherne drew attention to the fact that WAG had indicated that the existing agri-environment schemes were to be replaced by a new scheme to be introduced in 2012 which, it was anticipated, would have a more strategic and regional focus rather than the current local (if somewhat fragmented) arrangements. Concerns were expressed that some of the existing permissive paths would no longer exist if and when financial incentives were removed. Members agreed that a watching brief be maintained and, if deemed appropriate, an additional meeting be held to discuss the proposals once known with representatives from the appropriate bodies invited to attend.

 

·              Disabled Access:  Ms. Duddridge questioned the statement contained in the notes that no Welsh Local Authorities had implemented its published Disabilities / Equalities Statement.  Whilst expressing the view that Local Authorities only did what they had to rather than what they could, she indicated that it was too late for the LAF to become involved in the content of the plans already published but that work was ongoing with an Architectural Officer within the Council on matters pertaining to disabled access into and within Council buildings.  Her complaint that it had taken her 2 years to gain a seat on the LAF as a result of a communication barrier within the Council was noted.  B. Guy apologised on behalf of the Council and would address the lack of awareness at the Contact Centre.

 

·              Appointing Authority Representation on the LAF: In response to the Chairman’s statement at the Conference in respect of the above, Quentin Grimley from CCW had confirmed that the Regulations permitted just 1 elected Member from the Appointing Authority to sit on its LAF.  Discussion ensued on the situation in respect of this LAF on the lines that had taken place at the initial meeting of the newly constituted LAF, namely that discussions had been held with CCW, that all applicants for a seat on the LAF had been successful, that there remained vacancies, that the 2 Members not appointed as the Appointing Authority representative had been active in LAF work for a considerable period and that this LAF had confirmed (in January, 2009) that those 2 Members should remain. 

 

         The stance taken by the LAF had been open and transparent throughout and Members once again unanimously and wholeheartedly agreed that the status quo as regards membership be maintained.

 

 

AGREED – THAT, having received the notes of the Conference and discussed those matters identified above by Members as being of particular interest to this LAF, the position be noted and any necessary action required as a consequence taken.

 

 

(h)       CCW Work Programme 2009/10 -

 

As occurred annually, matters which CCW and WAG anticipated being referred to LAFs during the year were outlined. The above Programme referred amongst other things to the Walking and Cycling Plan for Wales, the Chairman requesting an update on progress within the Vale at a later meeting. The proposal that a representative from the Planning and Transportation Department be invited to a future meeting to address that issue was accepted following which the LAF would be better able to formulate a view as to the way forward.

Another matter raised during the discussion on the CCW Programme included access to water. It was considered that the main issue in that respect for the Vale would be coastal access, reference being made in the course of discussion to access to Llantwit Major beach and Southerndown.

 

AGREED – THAT the Programme be noted and a representative from Planning and Transportation invited to a future meeting to address the LAF on the Council’s proposals to improve access networks and promote walking and cycling.

 

 

(i)         PROW Orders Update -

 

As requested at the last meeting, an update on PROW Orders was presented. The recent resignation of the PROW Officer meant that progress in respect of many Orders was currently on hold. B. Guy indicated that interviews for the post were imminent and Members paid credit to the staff currently undertaking the work. Particular attention was drawn to the heavy workload involved with the Section 53 applications although B. Guy reported that all were on target for completion within 12 months.  Mr. Pittard referred to the slowdown in progressing the Lost Ways project in England and to the fact that CCW was yet to assess the future of the project in Wales.

 

AGREED – THAT the PROW Orders up-date be accepted.

 

 

(j)         Update on Coastal Access and ROWIP -

 

B. Guy reported that, in respect of the ROWIP, the funding offer of £46k. had now been received.  Approximately £11k. of that funding would be expended on waymarking (phase 2) and Members were notified that a review of other pieces of work was ongoing in order to determine spending priorities for the remaining monies.  A formal funding offer in respect of the CAIP was still awaited.  Progress was however being made as regards the means of negotiating access and assessing various engineering works.

 

AGREED – THAT the progress to date be noted.

 

 

(k)        Briefing Note for New LAF Members -

 

A briefing note produced by the Flintshire LAF had been circulated at the LAF Chairs meeting. The note had been edited subsequently and circulated with the agenda for comment.

 

Having regard to the points raised at the meeting, it was

 

AGREED – THAT the document be further amended in terms of format and circulated to Members with the minutes of this meeting.

 

 

(l)         Draft Annual Report 2008/09 from Cardiff LAF -

 

The Annual Report had been forwarded for comment.  The Chairman opened the discussion by referring to the emphasis placed in the document on Cardiff’s emerging Local Development Plan (LDP) and to the role of the LAF in helping to shape the content of that Plan.  It was considered that, at this juncture, this LAF could demonstrate its commitment to ensuring access issues were adequately and properly addressed within the VOG LDP by writing to either the Leader of the Council or the relevant Cabinet Member flagging up its concerns.

 

Members considered the style of the Annual Report generally to be both engaging and informative if rather long. J. Wyatt confirmed that the Annual Report for this LAF would be produced in what he hoped would be a comparable format, containing a position statement as of now in respect of actions progressed over the year in question. The initial draft would be circulated to each Member, with comments on the content / format requested thereafter within a relatively short deadline.

 

AGREED – THAT

 

·                    the Annual Report of the Cardiff LAF be noted

·                    the Chairman write to the Leader of the Council and/or relevant Cabinet Member along the lines indicated above

·                    following the expiry of the deadline for the receipt of observations in respect of this LAF’s Annual Report, the Chairman, Deputy Chairman and Secretary be authorised make any necessary revisions prior to the publication of the same.

 

 

 

(m)      Any Other Business / Forward Work Programme -

 

·                    Site visit along the recently upgraded footpath into Porthkerry Park and the circular return through the improved woodland track: after thanking officers for facilitating the above immediately prior to this meeting, the Chairman proposed that a further walk be organised in the Park, the route to be determined by officers, prior to the next meeting whilst the evenings were still light and when weather likely to be reasonable. It was agreed that the walk commence at 5pm at a date to be arranged.

 

·                    Impact of the Metrix development: in response to questions in relation to the above, B. Guy confirmed that the Rights of Way response to the consultation in respect of the planning application had already been submitted and that, whilst there were implications in respect of access issues, there were no matters of major concern. The planning application would be submitted to the Council’s Planning Committee in September. An invitation could then be extended to Metrix for a representative to attend the LAF to expand on any access related issues.  Mr. Guy indicated that any impact of the development on the Walking and Cycling Strategy would be addressed through the planning process which would include reference to the Travel Plan. In addition, and referred to at (h) above, the presentation by the representative from Planning and Transportation would embrace the same issues.

 

·                    Time limitation on meetings: Mrs. Philips questioned whether meetings of the LAF should be time-limited. Being amenable to the proposition from the Secretary that Members might wish to consider an earlier start to meetings than 6pm, it was agreed that the meeting on 21st October commence at 5.30pm and be limited to 2 hours duration.

 

 

- - - - - -

 

RESOLVED - T H A T the minutes be noted.


 

Reason for decision

 

To note the information received.

 

 

 

C582              CARDIFF BAY ADVISORY COMMITTEE -

 

The following minutes of the Annual General Meeting held on 29th July, 2009 were submitted:

 

Present:

 

Mr. N. Ajax Lewis

Wildlife Trust of South and West Wales

CouncillorP. Church

Vale of Glamorgan Council

Mrs. C. Dimond

CardiffFlood Action Committee

Councillor A.M. Ernest

PenarthTown Council

Mr. J. Harrison

Environment Agency

Mr. R. Harvey

Canoe Wales

Mr. A. Parker

 

 

Also present:

 

Mr. J.P. Barry

CardiffYacht Club

Mr. S. Howell

CardiffHarbourAuthority

Mr. J. Rees

Vale of Glamorgan Council

 

 

(a)       Appointment of Chairman and Vice-Chairman -

 

AGREED - T H A T Councillor P. Church and Mrs. C. Dimond be re-appointed Chairman and Vice-Chairman respectively for the ensuing municipal year.

 

 

(b)       Apologies for absence -

 

This was received from Councillor N. Howells (City and County of Cardiff Council).

 

 

(c)        Minutes -


AGREED - T H A T the minutes of the meeting held on 25th March, 2009 be approved as a correct record.


 

 

(d)       Matters arising -

 

(i)         WAG Feasibility Study in Relation to Tidal Power in the Severn Estuary -

 

Reference was made to the availability to the Committee of the website address relating to the above subject and whether indeed this had been provided.  Comments were also made in regard to lock fees and it was indicated that this related to options in respect to barrage proposals on the Severn Estuary.  However, given that the options were in the very early stages of investigation and consultation, these matters were thought to be some way from consideration by the relevant stakeholders.

 

AGREED - T H A T the website address for accessing the consultation exercise regarding tidal power in the Severn Estuary be made available to Members of the Committee as soon as practicable. 

 

 

(ii)        Norwegian Church - Lottery Fund Application -

 

An update was sought on progress of the application in respect of this matter and Mr. Howells indicated that the grant bid which was one of two schemes submitted to the Lottery Commission had been unsuccessful and alluded to the reasons as to why the bid had not been approved.  He indicated that on the representations he received from the Lottery Commission which were encouraging, a re-submitted bid had been made for funding which addressed the initial concerns raised by the Lottery Commission regarding the previous application. However, recent representations received from the Lottery Commission indicated that the re-submitted bid was unlikely to be treated favourably. 

 

AGREED - T H A T the efforts of officers in respect of the Lottery Bid submissions be acknowledged and that the responses received from the Lottery Commission be noted with disappointment.

 

 

(iii)       Penarth Marina Escarpment Stabilisation -

 

The Chairman referred to this matter and updated the Committee regarding progress being made to address the risk from the unstable escarpment adjacent to land leased by the Council at Penarth Marina. 

 

He apprised the Committee regarding the likely outcome of the proposed engineering works and the residual risk of instability of the escarpment and also referred to a proposed management regime for the mitigation of risk from the instability of the same.

 

Consultants had been engaged and commissioned to undertake a comprehensive risk study of the escarpment from the Tesco supermarket in the north to Paget Hill in the south.  Costs associated with engineering works were £300,000 for the financial year 2008/09 and £200,000 for the financial year 2009/10. 

 

He agreed to forward a copy of the relevant Cabinet report to the Members of the Committee attached to the agenda for the next meeting.

 

 

(e)       Progress / Update Regarding Cardiff Harbour Authority -

 

Mr. Howell provided the Committee with an update on matters in relation to the above subject and on the following matters:

 

·                    Barrage -

 

Scheduled maintenance operations were currently being undertaken on the barrage including maintenance on the sluices.  The fish pass was due to have a mid year check on the level of zebra mussels present and divers would assess the outer harbour lead-in pontoons for corrosion.  Lock gate maintenance and corrosion protection work was also due to start in September 2009.

 

The summer dredging campaign to maintain the outer harbour was due to commence at the beginning of August following the granting of a three year licence from the Marine and Fisheries Agencies to undertake such work.

 

·                    Environment -

 

The Harbour Authority had met the statutory dissolved oxygen standard throughout the past month.  A new water quality monitor had been positioned upstream of Western District Pumping Station which would be used to measure the change in water quality when the outfall from the pumping station became operational. 

 

The recent wet weather had brought a significant amount of debris into the Bay particularly over the past 24 hours when flows had reached 195 cumecs on the Taff and 30 cumecs on the River Ely.

 

The recent poor weather had also prevented the undertaking of the second dose of larvicide but had also reduced the numbers of midges emerging. 

 

·                    General issues -

 

Construction work of the Pont y Werin Bridge Scheme had commenced with the in-river pylon works nearing completion.  The bridge was expected to be completed by summer 2010.

 

The Canoe Slalom Centre construction was also progressing well.  The residual works were nearing completion and the steel frame to the building had been erected.  More recently, the coal discharger repair works had been agreed with CADW and additional funding had been approved by WAG to incorporate this as a public access / viewing area linked to the Bay edge walkway.  The project was due to be completed in February 2010.  These works were on budget and target for timings.

 

·                    Summer events -

 

The summer events programme as in previous years was proving popular with the Outdoor Action Show, The International Food and Drink Festival and the previous weekends WOW (On the Waterfront) all proving successful.  The Harbour Festival was the major final summer event planned for the August bank holiday weekend.

 

·                    Fishery officers -

 

It was indicated that Mr. John Taylor had recently been appointed as a Fishery Officer charged with the future development of course fishing within the environs of the Bay area.  Following negotiations with the Crown Estates who were in ownership of the riverbeds, agreement had been reached to provide three primary fishing sites along the River Ely.  The appointment would also bring about more robust control measures regarding course fishing activities.

 

AGREED - T H A T Mr. Howell be thanked for his report.

 

(f)         Environment Agency Progress Report -

 

Mr. Harrison indicated that due to the current prevailing weather conditions over the last week that there were flood warnings in place on the Rivers Wye and Ely.  In respect of matters relating to the Cardiff Harbour Authority it was indicated that a fundamental review of statutory and non-statutory water monitoring responsibilities is taking place to ensure that the activities of the Cardiff Harbour Authority are cost effective and provide quality environmental data.  Given the ongoing agenda with the WAG in respect of efficiency savings within the public sector there was an understandable need to ensure that operations were sufficiently robust enough to satisfy the Agency.

 

A new Environment Agency fisheries patrol vessel was now in situ within the Bay and replaced the previous 20 year old vessel.  Duties include the assessment of migrating fish including salmon, enforcement of anti-poaching arrangements on the Usk and Wye Estuary and habitat monitoring within the Severn Estuary. 

 

AGREED - T H A T Mr. Harrison be thanked for his report.

 

 

(g)       Timetable of Meetings for the Municipal Year 2009/10 -

 

The report set out provisional dates for future meetings of the Committee and as in previous years custom and practice for meetings were timed for 5.15 p.m. on Wednesdays.

 

AGREED - T H A T the following timetable of meetings for the municipal year 2009/10 be endorsed:

 

DATE

VENUE

 

Wednesday, 16th September, 2009 at 5.15 p.m.

 

CardiffBay HarbourAuthority Offices

 

Wednesday, 18th November, 2009 at 5.15 p.m.

 

Ditto

 

Wednesday, 20th January, 2010 at 5.15 p.m.

 

Ditto

 

Wednesday, 24th March, 2010 at 5.15 p.m.

 

Ditto

 

Wednesday, 9th June, 2010 at 5.15 p.m. (Annual Meeting)

 

Ditto

 

 

(h)       Any Other Business -

 

(i)         Councillor Ernest, in his capacity as the Member for Penarth Town Council referred to the said Town Council's recent Penarth Festival which had attracted significant crowds and celebrated at the closing of the Festival by a fly over by a MacDonald Douglas Dakota (DC3). 

 

In addition to the above matters as the Cabinet Member for the Vale of Glamorgan Council for Leisure and Tourism he indicated that on the forthcoming weekend, 1st and 2nd August - Barry Island, Barry would be hosting the summer Welsh leg of the high speed power boat championship.  This event included around 30 'zap cat' catamarans which would feature. 

 

The Barry Waterfront Festival would be taking place on 5th and 6th September, 2009 with various events taking place.  The Festival would also be attended by a Tall Ship and a naval vessel. 

 

The Vale of Glamorgan Tourist brochure produced in collaboration with Bridgend County Borough Council was to be published in January 2010. 

 

(ii)        The Committee expressed their thanks and appreciation to the Vale of Glamorgan Council for their continued support in the provision of secretarial services to the Advisory Committee.

 

 

(i)         Date of Next Meeting -

 

AGREED - T H A T the next meeting be held on Wednesday, 16th September, 2009 at 5.15 p.m. at the Cardiff Harbour Authority Offices.

 

- - - - -

 

RESOLVED - T H A T the minutes be noted.

 

Reason for decision

 

To note the information received.

 

 

C583              REVENUE AND CAPITAL MONITORING: 1ST APRIL - 31ST MAY, 2009 (REF) -

 

The Scrutiny Committee (Economy and Environment) had, on 21st July, 2009 considered the above (Min. No. 224) when discussion had ensued on the projected adverse variance due largely to the pressure on Leisure Centres.  Members had considered that the situation in respect of leisure provision should be brought urgently to the attention of Cabinet in order that action could be taken to address the issues concerning the deficit within Leisure Services.

 

The Leader drew attention to the fact that a report on future options for Leisure Centres was being submitted to that Scrutiny Committee this evening and that the issues raised would be a matter for ongoing consideration.  The position in relation to the deficit would continue to be addressed by Cabinet.

 

RESOLVED - T H A T the recommendations from the Scrutiny Committee be noted, particularly that relating to the Leisure Services budget.

 

Reason for decision

 

To reflect the ongoing nature of the matter.

 

 

C584              TENANT ASSOCIATION COMPACT (REF) -

 

The Scrutiny Committee (Housing and Public Protection) had, on 23rd July, 2009 considered the draft compact as appended to the report and had recommended the same to Cabinet for approval subject to the Director of Finance, ICT and Property approving appropriate financial controls and procedures contained within or arising from the Compact as deemed necessary prior to the signing of the revised Compacts (Min. No. 247). 

 

The Cabinet Member indicated that a signing ceremony would be organised later in the year to which the Leader would be invited. 

 

RESOLVED - T H A T the Tenant Association Compact, as appended to the report, be approved.


 

Reason for decision

 

To allow the introduction of a single Compact covering all Tenants Associations and to ensure that proper audit and control of Council resources were in place.

 

 

C585              FOOD LAW ENFORCEMENT PLAN 2009/10 (REF) -

 

The Scrutiny Committee (Housing and Public Protection) had, on 23rd July, 2009 considered the above and recommended the same to Cabinet for approval.  That Committee had also recommended that the Head of Public Protection address the resource shortfall identified in the above Plan by using a risk based approach to reallocate existing resources within the Public Protection Division (Min. No. 250). 

 

RESOLVED - T H A T the Food Law Enforcement Service Plan be approved and that the Head of Public Protection explore options for re-allocating resources within Public Protection to address the resource shortfall in food law enforcement using a risk based approach.

 

Reason for decision

 

To allow the Council to comply with the statutory Food Law Code of Practice (Wales) and so that statutory obligations in respect of such functions were met by the Council. 

 

 

C586              SUBSCRIPTION TO THE 'BIG LIST' IN THE BIG ISSUE (REF) -

 

Scrutiny Committee (Corporate Resources) had, on 28th July, 2009 considered a request for consideration from Councillor R.F. Curtis in respect of the above.  For the cost of £250 the Council would receive 51 issues of the Big Issue, its corporate name printed in each magazine, a regular article on the Big List pages and links to the Council's website from that of the Big Issue in addition to helping to support homeless people.  Whilst the report had proposed that consideration be given to facilitating an application for grant, Members recommended instead that Cabinet be requested to consider subscribing to the 'Big List' at a cost of £250 with the situation to be reviewed after 12 months (Min. No. 273).

 

RESOLVED - T H A T the Council subscribe to the 'Big List' at a cost of £250, with the situation to be reviewed over 12 months.

 

Reason for decision

 

To assist the Big Issue in its work as well as promoting the Council itself.


C587              CABINET FORWARD WORK PROGRAMME SEPTEMBER TO DECEMBER 2009 (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Appended to the report was the Forward Work Programme of the Cabinet/Council for the period September to December 2009 together with details of those reports still to be received from the Work Programme covering the period May to July 2009. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Forward Work Programme for the period September to December 2009, as amended at the meeting, together with the publication of details of the availability of the programme, be noted.

 

(2)       T H A T the reasons supplied by officers for the non-submission of items from the previous Work Programme May to July 2009 be noted and continue to be monitored by Cabinet.

 

Reasons for decisions

 

(1)       To comply with the requirements of the Local Government Act 2000, subordinate legislation and the Council's Constitution.

 

(2)       For information and for monitoring purposes.

 

 

C588              VALE OF GLAMORGAN RESPONSE TO DRAFT FLOOD AND WATER MANAGEMENT BILL (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

In April 2009 the Department for Environment, Food and Rural Affairs (DEFRA) and WAG had published a draft Flood and Water Management Bill together with an associated consultation document.  Those documents set out how flood and coastal risk management (FCRM) in England and Wales would be managed in the future and provided the basis for a new legislative framework supporting a more integrated approach to water management.  The Bill would enable local authorities to lead on local flood risk management.  County and Unitary authorities would be responsible for local flood risk assessment, mapping and planning in relation to ordinary watercourses, surface run-off and ground water.  They would also lead the production of local surface water management plans and the agreement of the associated programmes of work.  There would be a duty for all relevant authorities to co-operate and share information.  The Bill would increase the use of Sustainable Drainage Systems (SUDS).  The SUDS would be adopted and maintained by the County and Unitary Local Authorities.  That new maintenance role, and other new burdens, would be funded by the transfer of responsibility for private sewers to sewerage companies.  The Bill would give County or Unitary Local Authorities, the Environment Agency and Internal Drainage Boards the powers to designate formally natural and man-made features which helped manage flood or coastal erosion risk.  The substantial resource implications associated with the enactment of the legislation were noted.  The detailed resource requirements would need to be assessed once the legislation had been finalised and Members registered concern that there was, as yet, no indication of additional funding being made available.

 

The Council was currently considering a number of flood risk sites within the Vale as part of its flood risk management work which was being carried out in conjunction with WAG's grant aid programme.  Appended to the report was the list of the flood risk areas currently being considered.

 

This was a matter for Executive decision.

 

Having considered the above and related issues, it was

 

RESOLVED -

 

(1)       T H A T the Council's response to the consultation process as appended to the report be approved.

 

(2)       T H A T the implications for the Council in terms of funding and resources be noted.

 

(3)       T H A T the report be submitted to the Scrutiny Committee (Economy and Environment).

 

Reasons for decisions

 

(1)       To ensure that Cabinet is aware of the issues for further consideration being addressed in the Bill.

 

(2)       To ensure that Cabinet is aware of the likely implications arising from the new legislation.

 

(3)       To enable further discussion to take place on these issues.

 

 

C589              SUNBEDS IN LEISURE CENTRES (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Having previously deferred issues pertaining to sunbeds in the Council's leisure centres in June 2009, consideration was given to the additional information now available - particularly the fact that the International Agency for Research (IARC) had stated that the use of sun-beds was definitely carcinogenic to humans.  The Cabinet Member publicly refuted the view expressed by some that this Council allowed the use of unsupervised sunbeds within its leisure centres. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T all sun-beds be withdrawn from the Council's leisure centres at the earliest opportunity.

 

(2)       T H A T WAG be requested to implement a blanket ban on all sunbeds.

 

Reason for decision

 

(1&2)  To promote healthy lifestyles.

 

 

C590              CONSERVATION AREA APPRAISAL AND MANAGEMENT PLANS (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

The Conservation Studio (Consultants) was appointed in September 2008 to prepare Conservation Area Appraisals in respect of the Barry Garden Suburb, Barry Marine, Bonvilston, Cadoxton, East Aberthaw, Flemingston, Gileston, Llanbethery, Llancarfan, Llysworney, St. Hilary, St. Nicholas and Wenvoe Conservation Areas.  A preliminary consultation exercise was carried out at the start of the process to gather the views of owners/occupiers in the Conservation Areas and a second consultation exercise was carried out once the draft appraisals had been prepared.  The resulting responses had been analysed and amendments incorporated as appropriate.  A copy of those representations and Council's response was appended to the report.

 

The Cabinet Member referred to correspondence addressed to him objecting to the proposals in respect of Gileston and to the views expressed at a community meeting held on 7th July - a summary of which was contained in Appendix A to the report.  Whilst the concerns raised in respect of Gileston where not dissimilar to those raised regarding other conservation areas, he drew attention to the fact that the Vale of Glamorgan Unitary Development Plan gave much more protection to the rural areas than the Plan extant at the time the conservation areas had been designated,  He indicated that all representations had been fully considered and that it was now appropriate to make the revisions proposed in the report to ensure that the designation and boundaries of the conservation areas remained relevant and logical.  The Cabinet Member undertook to respond direct to the latest correspondence addressed to him and to Councillor Thomas.

 

The preparation of an Appraisal and Management Plan fulfilled the Council's statutory duties under Sections 69 and 71 of the Planning (Listed Buildings and Conservation Areas) Act 1990.  Best practice dictated that such a document provided a firm basis for making decisions relating to the preservation or enhancement of the Conservation Area.  In addition, such documents would form part of the evidence base for the Local Development Plan which was currently under preparation.  As part of the character appraisal process, a thorough survey and review of the existing boundaries of each of the conservation areas had been undertaken and the summary of the findings and recommendations was outlined within the report. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T, subject to consultation with the Planning Committee, the Scrutiny Committee (Economy and Environment) and the Conservation Advisory Group:

 

(1)       The 13 Appraisals and Management Plans be approved and be formally adopted by the Council under Section 71 of the Planning (Listed Buildings and Conservation Areas) Act, and as Supplementary Planning Guidance to the adopted Unitary Development Plan 1996 - 2011.

 

(2)       The Appraisal and Management Plan documents be published and distributed in local libraries and made available for viewing and downloading on the Council's website.

 

(3)       The First Minister of the Welsh Assembly Government and CADW be formally advised of the adoption of the Appraisals by this Council and be provided with a boundary plan of the areas to which each designation applied for identification and record purposes. 

 

(4)       An advertisement be placed in a local newspaper and the London Gazette notifying of any variation made to the Conservation Area boundary with particulars of its effect.

 

Reasons for decisions

 

(1)       To guide development proposals within and affecting the setting of those Conservation Areas and to interpret, augment and clarify Policy ENV17 of the Adopted Unitary Development Plan 1996 - 2011 as it related to those areas.

 

(2)       To fulfil the Council's duty under Section 71 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to formulate and publish proposals for the preservation and enhancement of Conservation Areas.

 

(3&4)  As required by Section 70 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

 

C591              BUILDING SERVICES - GAS SERVICING AND MAINTENANCE PARTNERING ARRANGEMENTS (DEER) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Approval was sought to implement a Partnering Agreement to undertake gas servicing and maintenance to gas appliances in respect of the Council's housing stock and to adopt the Fusion 21 Framework for the selection and management of the partnering service.

 

The review of services undertaken within the Building Services Section in 2006 had recommended that the service looked at the viability of developing partnering opportunities.  Subsequent research had identified a suitable organisation which provided a national procurement solution for Registered Social Landlords and public bodies in the housing sector, that organisation being Fusion 21.  Fusion 21 was a social economy business that operated nationally helping clients deliver capital and cyclical works programmes whilst generating financial savings by utilising economies of scale and improved service delivery.  The Council's Corporate Procurement Team had undertaken detailed consultation with Fusion 21 following which it had concluded that the Fusion 21 Framework would be a viable option to deliver gas servicing and repairs on Council owned domestic properties, including service administration and quality control.  The tendering process had commenced in March 2009; expressions of interest had been sent to all six contractors on Fusion 21 Framework with positive responses being received from four.  Based on a selection matrix, a shortlist of two contractors was identified with the preferred contractor being determined through a formal assessment centre being undertaken by Building Services, Housing Services and tenant representatives.

 

It was envisaged that the new service delivery arrangement would provide additional certainty over the cost of provision and assist in improving the overall service delivery to the Council's tenants through the provision of an integrated planned and response works programme.  It was anticipated that the earliest any Partnering Agreement could be implemented would be October/November 2009.  It was noted that the total cost of the partnering arrangement based on the submitted preferred tender identified a fixed price annual charge estimated at £389k. which represented an annual saving over the current costs of the provision of the service.  It was also noted that the implementation of a partnering arrangement would impact on staff undertaking gas servicing, administration and supervision and that local socio economic sustainability had been addressed in respect of training, employment opportunities and initiatives which would support the local economy.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the appointment of Fusion 21 for the selection and management of the gas partnering service be approved.

 

(2)       T H A T the introduction of a Partnering Agreement between the Vale of Glamorgan Council and P.H. Jones Ltd. for the provision of domestic gas servicing and repairs to be authority's housing stock be endorsed.

 

Reasons for decisions

 

(1)       To approve the utilisation of the Fusion 21 Framework.

 

(2)       To ensure the authority meets its legislative commitments to provide a repairs service for its domestic housing stock and undertake regular servicing of gas appliances. 

 

 

C592              DYFFRYN GARDENS MANAGEMENT (DEER) (SCRUTINY - CORPORATE RESOURCES) -

 

Since 2000 the maintenance of the Gardens had been undertaken by Parks and Grounds Maintenance within the Visible Services Division.  During the same period responsibility for the Gardens restoration, future development of the House and events at the Gardens had rested with the Dyffryn Gardens Project Manager and others within the Economic Development and Leisure Division.  It was considered that now, as completion of the Gardens restoration approached in 2010 and the focus for restoration would turn to the House, it was an appropriate time to consider the management and administration of the House and Gardens as a single unit.  Following discussions within the Directorate it had been decided that the Dyffryn Gardens Project Manager would take over the day to day management of all activities at Dyffryn including overall management of the garden staff.  Arrangements were already in place in order to achieve a smooth transition and the proposal was at present cost neutral.  Approval was sought, however, for the transfer of the relevant Gardens maintenance budget of £515,285. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the transfer of the budgetary provision establishment and management of staff for the maintenance of Dyffryn Gardens from Visible Services to Economic Development and Leisure in accordance with Paragraph 5.6 of the Council's Financial Regulations be approved.

 

Reason for decision

 

To comply with the Council's Financial Regulations.

 

 

C593              FIRE AND RESCUE AUTHORITIES - FINANCIAL RESERVES (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Consideration was given to the request from WAG to sign the agreement attached to the report as a constituent Authority of the Fire and Rescue Services (FRAs) by 28th September, 2009, to come into force on 1st December, 2009, which would enable FRAs to establish financial reserves.

 

This was a matter for Executive decision.

 

Having regard to the contents of the report it was

RESOLVED - T H A T the Director of Finance, ICT and Property be authorised to sign and return the agreement as requested by WAG.

 

Reason for decision

 

To return the signed agreement to WAG.

 

 

C594              COWBRIDGE LOWER SCHOOL SITE - TRUST LAND (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

The Trust Committee had previously sought Counsel's opinion as to ways in which proceeds from the disposal of the Lower School site could be used to support the redevelopment of Cowbridge Comprehensive School at the Aberthin Road site.  Due to the specialist nature and volume of the work, Counsel's fees were now estimated at £5,000.  Cabinet had previously resolved that the original estimated cost of £1,000 should be met from the Education Service budget.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T Counsel's fees of up to £5,000 be met from the Education Services budget.

 

Reason for decision

 

To progress Cowbridge Comprehensive School Trust's challenge of the Charity Commission's decision that proceeds from the sale of the Lower School site could not be used to develop the new school.

 

 

C595              NEW LIBRARY BYELAWS (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Revised model byelaws in respect of libraries had been issued by WAG.  Accordingly, draft Vale of Glamorgan Library Byelaws 2009 were appended to the report.  The Council was required to submit a draft of the byelaws to WAG for approval and then, once approved, the Council was required to give notice of the new byelaws in the local press and make a sealed copy of the byelaws available for public inspection for one month after the publication of the press notices.  On completion of that process, and on receipt of documentary proof that the correct procedure had been followed, WAG would confirm the adoption of the byelaws, a copy of which had to be displayed in all library premises.

 

This was a matter for Executive decision.


 

RESOLVED -

 

(1)       T H A T the new Vale of Glamorgan Council Library Byelaws 2009 as appended to the report be approved by Cabinet (subject to any typographical errors being corrected) and forwarded to Council for adoption and for the revocation of the existing byelaws.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to seal and date the byelaws on behalf of the Council and take all necessary steps to advertise the said byelaws and make application to the appropriate Minister at the WAG for approval and confirmation of said byelaws.

 

Reasons for decisions

 

(1)       To enable the adoption and implementation of new library byelaws.

 

(2)       To conform with the requirement that any byelaws must be confirmed by WAG in order to be effective in law.

 

 

C596              COWBRIDGE COMPREHENSIVE SCHOOL 6TH FORM SITE (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

As the new 6th Form building on the upper Cowbridge Comprehensive School site was scheduled to open on September 2010, the current 6th Form accommodation and associated land would become surplus from June 2010.  The site lay immediately outside the residential settlement boundary as defined by the Vale of Glamorgan Unitary Development Plan 1996-2011 although the site was immediately surrounded by residential properties on all but one side.  The Council owned the freehold interest in the land and buildings and it was noted that, where the land had been declared surplus to requirements, detailed policy guidance on alternative uses would be essential. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the land and buildings occupied by Cowbridge Comprehensive School 6th Form be declared as surplus to requirements, subject to the successful completion of the construction of alternative accommodation already underway.

 

(2)       T H A T the disposal of the land and buildings at Cowbridge Comprehensive School 6th Form site be approved, subject to the successful completion of the construction of alternative accommodation currently underway.

 

(3)       T H A T the Director of Environmental and Economic Regeneration be instructed to prepare a Planning Brief or Planning Advice Statement for the site and buildings to inform the disposal process.

 

(4)       T H A T the Director of Finance, ICT and Property be authorised to negotiate terms and conditions for the disposal of the buildings and land at the appropriate time in consultation with the Director of Legal, Public Protection and Housing Services and the Leader and relevant Cabinet Members.

 

(5)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute the required legal documentation in consultation with the relevant Cabinet Members.

 

Reasons for decisions

 

(1)       To ensure adherence to Council policy requiring that land and buildings be declared surplus prior to disposal.

 

(2)       To facilitate the disposal of the land and buildings in a manner that benefits the Council and adequately protects its interests.

 

(3)       To provide policy guidance on permissible future use of the site.

 

(4)       To ensure that the Director of Finance, ICT and Property obtains best value for the buildings and land in consultation with the Director of Legal, Public Protection and Housing Services.

 

(5)       To formalise the disposal of the buildings and land.

 

 

C597              LAND ADJACENT TO 7 CROFT JOHN, PENMARK (DLPPHS AND DFICTP) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

The owner of 7 Croft John had requested that consideration be given to the purchase or lease of land delineated in the plan appended to the report alongside 7 Croft John.  The aforesaid land contained a communal cesspit in the south eastern corner which served the majority of the adjacent Council and private properties and was still in the ownership of the Council.  The ongoing costs of maintenance to the land in question was considered a burden to the Housing Revenue Account. 

 

Having regard to the above, it was considered preferable for the Council to enter into a lease as that would allow the Council to retain greater rights of access to the cesspit.

 

This was a matter for Executive decision.


 

RESOLVED -

 

(1)       T H A T the Director of Legal, Public Protection and Housing Services and the Director of Finance, ICT and Property in consultation with the relevant Cabinet Members be authorised to enter into negotiation and agree suitable terms for the granting of a lease of the land delineated on the map appended to the report to the owner of 7 Croft John, Penmark.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute the required legal documentation for the lease.

 

Reasons for decisions

 

(1)       To facilitate effective management of the Council's land assets.

 

(2)       To complete the grant of the lease.

 

 

C598              SUPPORTING PEOPLE OPERATIONAL PLAN 2009/10 - 2010/11 (DLPPHS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Under WAG guidance, all Councils were required to develop a Supporting People Operational Plan (SPOP) for the delivery of supported accommodation services.  In line with the guidance, the Council established a Supporting People Planning Group (SPPG) to co-ordinate and develop the SPOP.  Membership of the SPPG comprised officers from the Council, the National Probation Service, the Vale Local Health Board and the voluntary sector.  The SPOP had been made available to Members and the main issues in respect of the development and provision of supported accommodation services for the Vale of Glamorgan were outlined within the report as summarised below:

 

·                    Through what was described in the report as a 'self assessment' process 83.14% of those individuals contacted identified a support need, the most important serious issues self selected by clients being homelessness/potentially homeless, mental health, physical mobility, domestic abuse, learning disabilities and young and vulnerable.

·                    The current supply of services in the Vale showed that there were high levels of supported accommodation for older people, people with learning disabilities, those with mental health issues and those with physical mobility issues; it showed, however, that there were lower levels of supported accommodation specifically for clients with a chronic illness, single parents and ex-offenders.

·                    The SPPG determined that there was a priority to develop, amongst other things a second Extra Care Scheme for clients with either a physical mobility issue, mental health issue, learning disability, chronic illness or a combination of some or all of the above.  There was also a priority to expand the Telecare service and the need to develop floating support and supported housing for clients of different ages jointly funded with community care for clients with various support and care needs.

·                    The SPPG also determined that under the Supported People Revenue Grant regime, there was a priority to develop a specialist homelessness hostel and specialist accommodation for the young and vulnerable, those suffering from domestic abuse and for high risk offenders.  In addition, there was also the need to develop additional floating support provision for various client groups across all tenures. 

 

The total cost of the new services identified in the SPOP was estimated at £2.6m.  It was noted that there would also be capital funding requirements for some of the projects which had yet to be calculated and that the mis-match in the Vale in terms of available resources was an issue that required further exploration with partners and with WAG.  The Cabinet Member indicated that it was unlikely that there would be any additional funding made available for at least two years.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Supporting People Operational Plan 2009/10 - 2010/11 be approved.

 

(2)       T H A T the use of the Urgency Procedure under Article 13 of the Council's Constitution be approved to enable the Supporting People Operational Plan to be submitted to WAG by 30th September, 2009.

 

(3)       T H A T the report be referred to the Scrutiny Committee (Housing and Public Protection).

 

Reasons for decisions

 

(1)       To ensure that the Council complies with the timetable requirements of WAG.

 

(2)       To meet the WAG deadline.

 

(3)       For information.

 

 

C599              LEASES HELD BY COWBRIDGE FIRST SCOUT GROUP AND COWBRIDGE AMATEUR DRAMATIC SOCIETY (DFICTP AND DLPPHS) (SCRUTINY - CORPORATE RESOURCES) -

 

Both the Cowbridge First Scout Group and Cowbridge Amateur Dramatic Society each held a lease over a parcel of land to the rear of the Cattle Market (known locally as the Sheep Market).  Both leases expired on 24th March, 2009.  Both leases granted rights of access over the Cattle Market Site at all times other than market days.  It was noted that the right of access would have a bearing on the Council's plans for the Cattle Market site, the lease thereof expiring on 31st March, 2011.  The Scouts Group had served notice upon the Council to terminate its lease on the contractual date of 24th March, 2009 and sought a new 25 year lease with effect from 25th March, 2009 on the same terms as the current lease.  The Amateur Dramatic Society had not done so. 

 

Since one of the options available to the Council when the lease for the Cattle Market expired in 2011 was to dispose of the site, access/egress rights in relation to both the Scouts and Amateur Dramatic Society's leases would have to be addressed as part of any lease renewal negotiations.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the content of the report regarding the status of the two separate leases held by the Cowbridge First Scout Group and Cowbridge Amateur Dramatic Society respectively on land at the rear of Cowbridge Cattle Market be noted.

 

(2)       T H A T the Director of Finance, ICT and Property and the Director of Legal, Public Protection and Housing Services be authorised to negotiate and agree appropriate amendments to the current lease terms with regard to access rights and any other matters during renewal of the two leases in consultation with the Leader and Deputy Leader.

 

(3)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to execute new leases incorporating any amendments agreed with the tenants during lease renewal negotiations.

 

Reasons for decisions

 

(1)       In order to inform and update Cabinet Members.

 

(2)       In order to protect the Council's strategic interests in relation to the two sites as well as the Cowbridge Cattle Market site.

 

(3)       In order to complete the renewal of the two leases.

 

 

C600              CAPITAL MONITORING: 1ST APRIL - 31ST JULY, 2009 (CMT) (SCRUTINY - ALL) -

 

Appendix 1 to the report detailed financial progress on the Capital Programme as of 31st July, 2009.  Specific reference was made to

 

·                    Safety Camera Partnership whereby the Council had received a WAG grant approval in the sum of £30,000 for various road safety measures along the A48 at Pentre Meyrick.  The Capital Programme 2009/10 would require to be increased by £30,000 accordingly.

·                    Atlantic Trading Estate demolition.  For the reasons outlined in the report, the current Capital Programme required to be reduced to £15,000 to reflect the actual spend anticipated.

·                    Dyffryn Gardens Phase 1.  Given the delay in respect of the restoration of the glasshouses, it was proposed that the sum of £149,000 remain in the 2009/10 Capital Programme to cover the walled garden expenditure and glasshouse groundworks whilst the balance of £400,000 be slipped into 2010/11 to cover the installation of the glass houses.

 

Details were then presented of variances between actual spend to date in respect of schemes having a value of over £500,000 (where that variance was 20% or more) and the profiled spend.  The schemes meeting that criteria were listed as

 

·                    Cowbridge Comprehensive School remodelling - actual spend to date being £389,000 over profile due to earlier than anticipated progress

·                    Public Sector Housing (central heating and boiler renewals) - actual spend being £280,000 over profile due to works commencing earlier than originally projected.

·                    Private Sector Housing (Disabled Facilities Grants) - actual spend being £104,000 behind profile due to a slower start than had been projected.

·                    Penarth Marina Escarpment - expenditure on the scheme being £109,000 behind profile due to the delay in the completion of a stability report.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the following changes to the Capital Programme be approved and, where appropriate, referred to Council:

 

·                    Safety Camera Partnership - increase the 2009/10 Capital Programme by £30,000 (funded from WAG grant)

·                    Atlantic Trading Estate demolition - reduce the current budget to £15,000

·                    Dyffryn Gardens Phase 1 - reduce the budget to £149,000 (carry forward £400,000 into 2010/11) (reference to Council).

 

Reason for decision

 

To allow schemes to be undertaken in this or future financial years.

 


C601              REVENUE MONITORING: 1ST APRIL - 31ST JULY, 2009 (CMT) (SCRUTINY - ALL) -

 

The projected outturn for the 2009/10 Revenue Budget was for a balanced budget on the Council Revenue Budget and the Housing Revenue Account.  Specific details were reported in respect of Social Services where the current forecast was for a balanced budget.  As regards Children and Young Peoples Services, it was anticipated that the current favourable variance of £81k. would be off-set by the end of the year and that the Service would outturn on target.  Adult Services also showed a favourable variance, this time of £37k. on the profiled budget due mainly to savings within the employee budgets and which it was anticipated would be used to off-set recruitment costs.  Attention was once again drawn to the particularly volatile nature of each of the above three services which could be adversely affected by external influences and that the budget in each case would continue to be closely monitored.  As regards Economic Development and Leisure, whilst the service was anticipating a net overall balanced budget, there was currently a deficit on Leisure Services of £45k. which, it was predicted, could result in an overspending for the year of £250k.; this would be met by £125k. from within the Directorate and the remainder funded from Policy.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the position with regard to the Council's 2009/10 Revenue Budget be noted. 

 

Reason for decision

 

To make Members aware of the projected revenue outturn for 2009/10.

 

 

C602              MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

RESOLVED - T H A T the following matter which the Chairman had decided was urgent by reason of the need to ensure the timely delivery of the Action Plan be considered.

 

 

C603              CASE MANAGEMENT INQUIRY ACTION PLAN - PROGRESS REPORT (DSS) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

The Directorate continued to make progress with the considerable and challenging change programme which the aforementioned Action Plan required.  An updated version of the Plan was appended to the report which showed that all the actions scheduled for July and August had been completed and that other work was on schedule.  The Social Services Improvement Agency had undertaken a review of policies and procedures across local authorities and had brought forward some examples of good practice which would inform the ongoing developmental work in the Directorate.  It was noted, too, that the Care Social Services Inspectorate Wales (CSSIW) had undertaken an inspection of this Council's Adult Placement Scheme.  The report was not yet available but findings of that inspection would be used to decide whether any enforcement action might be necessary under the Care Standards Act 2000.  It was noted that there had been no formal approach to the Council about the timing of the planned review by CSSIW which would have a specific focus on the particular issues raised by the case in question. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress report on the programme of work arising from Action Plan be accepted.

 

(2)       T H A T this 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 and that the actions in the plan are achieved promptly and with the right outcomes for people who depend on good quality social care services.

 

(2)       To ensure that the Scrutiny Committee is able to exercise effective oversight in the way in which the Action Plan is implemented.

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