Welcome to the
Vale of Glamorgan Council

CABINET

 

 

Minutes of a meeting held on 14^th October, 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.

 

 

C626              MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 30^th September, 2009 be approved as a correct record.

 

 

C627              DECLARATIONS OF INTEREST -

 

The following Councillors declared interests as shown below:

 

Councillor Mrs. J.E. Charles	Agenda Item No. 14 - Being a Member of Barry Town Council
Councillor P. Church	Agenda Item No. 14 - Being  Member of Penarth Town Council
Councillor G.A. Cox	Agenda Item No. 14 - Being a Member of Cowbridge with Llanblethian Town Council Agenda Item No. 20(ii) -  nominated as an LEA Governor
Councillor A.M. Ernest	Agenda Item No. 14 - Being a Member of Penarth Town Council
Councillor A.D. Hampton	Agenda Item No. 14 - Being a Member of Barry Town Council
Councillor R.L. Traherne	Agenda Item No. 20(ii) - nominated as an LEA Governor

 

 

C628              CORPORATE PARENTING PANEL -

 

The following minutes of a meeting held on 16^th September 2009 were submitted:

 

Present: Councillor Dorothy Turner (Chair), Councillor Sally Bagstaff, Councillor Janice Birch, Councillor Val Hartrey, Councillor Anthony Hampton, Councillor Sophie Williams, Phil Evans (Director of Social Services), Gareth Jenkins (Head of Children & Young People Services), Bryan Jeffreys (Director of Learning & Development), Jenny Smith (Specialist Teacher – LAC), Guest D, Caroline Rees (Head of Additional Learning Needs).

 

	Actions
(1) Apologies for absence   None received.
(2)Minutes of 01 07 09   Accuracy:the minutes were agreed as a true record and were signed by DT.   Matters Arising:   Governor training– JS has provided BJ with a list of Governors who have not yet attended governor training.  Half of the schools have not provided training to Governors on LAC.    This issue is being addressed and BJ to raise issue at the Headteacher’s Steering Group meeting on 17 09 09.   It was noted that a number of members have attended the training and JS can extend the offer of training to both Governors and members of the Panel.	BJ     JS
(3) To receive declarations of interest   No declarations were received.
(4) Welcome to new Panel Members – DT   DT formally welcomed the new Members of the Panel.  Membership has been increased to involve all political parties at the Panel to work together in being an effective corporate parent.
(5) Request from Deputy Minister - DT   As a result of the Case Management Inquiry, PE, DT, The Leader and the Chief Executive attended a meeting with the Deputy Minister at WAG.  DT informed the Deputy Minister of the operation of this Panel and she was impressed that a looked after young person was involved in the Panel.  Following the meeting, a report was prepared by GJ & DT and was sent to the Deputy Minister and DT received a response which was shared with the Panel.  The Deputy Minister proposes to share the report and the Corporate Parent handbook with the Welsh Local Government Association.
(6) Update from Young person – Guest D   Guest D informed the Panel that since the summer the group of young people have not had the opportunity to meet and discuss the new folder for LAC but the Young People’s Group (YPG) are meeting on 22 09 09. It was noted that DT and GJ are due to attend part of the YPG meeting.   DT reassured Guest D that it didn’t matter that she was unable to bring an update and thanked her for still attending as her contribution is very beneficial to the Panel.  It was noted that the Corporate Parenting Panel was rearranged for an earlier date which happened to be prior to the meeting of the YPG and therefore Guest D was unable to provide an update.    Need to ensure that Corporate Parenting Panels are held after the YPG.   Progress of the YPG to be reported back to the next Corporate Parenting Panel following their meeting on 22 09 09.	MP     Guest D
(7) Information Pack for Elected Members – Feedback – GJ   GJ is aware that a handbook is available to Elected Members from WAG but it was agreed that there was a need for something more pertinent to the Vale.  Panel Members have received the draft handbook from GJ which will need to be adopted/endorsed for wider circulation to all Elected Members.  A suggestion was made of putting together training sessions for Members.   GJ explained that the handbook makes full reference to the Welsh Local Government Association (WLGA) Guide and the WLGA are planning on providing training for Members in the Autumn but that training will be based on their pack – the Vale will still need to do something locally.   The following comments in respect of the draft handbook was discussed as follows:-   CRB Checks – JB noted that the document doesn’t mention Councillors having CRB checks and felt it was important for all Panel members to be CRB checked (noted that AH & DT have already been CRB checked).  Whilst it was acknowledged that an imminent report will be presented to Scrutiny from Legal regarding CRBs and all Members to be CRB checked, DT felt that Members of the Panel should be CRB checked ahead of the report (as the Panel has access to personal information) – agreed.   Young Carers– SB raised the issue of young carers and the role of the LA in respect of their welfare.  PE explained that there are a wide range of children; children in need and children in need of protection.  The handbook relates to a small number of children all in the care of the LA.  It was noted that young carers have access to a range of services in their own right who are referred to Social Services to make assessments and referred to Action for Children (AFC).  AFC has 56 children they provide support to and a small waiting list.   Advocacy Service– a query was raised as to whether the LA would have an advocacy officer or use someone from an independent agency.  GJ explained that the proposal is to commission an advocacy service from an independent provider.  The LA currently spot purchase and not enough awareness is raised with young people regarding advocacy (the LA should routinely inform young people of the right to advocacy).  There is reference to advocacy in the LAC pack but is out of date.   Advocacy to be included in the revised LAC Pack and to be put in plain English.     PE explained there is a cost for any advocacy service and there is a question of the most economical way and the best way of providing this support. Need to explore what is right for the Vale and GJ is exploring options with the Children & Young People’s Partnership.   A report on Advocacy to be brought to the next Corporate Parenting Panel outlining the pros and cons of any alternatives, costs etc.   Amendments– KK raised an issue on page 12 that should read that parental responsibility is shared and that parents retain the right to be consulted over the care provided for their child.  A typo was also noted on page 14.  GJ to amend the handbook accordingly.   BJ made a suggestion for the YPG to add a short piece of their expectations from the Panel – noted that it was discussed at the last Panel regarding a foreword and artwork for the handbook.   A foreword to be added from the YPG – to be drafted at the next meeting on 22 09 09.   Raise artwork at the YPG next week – can have assistance from Rhian Thomas and present back to the group.   DT raised a concern that wanted to avoid delay of getting handbook out to Members – need to make amendments from Panel, advocacy update and agree document to take to Members.   JS made a suggestion for the Vale to provide more work experience placements for LAC.   DT to write a letter to the Chief Executive on behalf of the Panel if it can be part of the Corporate Policy that LAC are looked at favourably for work experience.   GJ to add a list of bullet point of children’s rights on page 15 – agreed.   It is hoped the report will be published by December (there will be a cost) with a launch and a training session at the same time.  A discussion was held regarding how the handbook will be circulated to Members and 2 options were agreed; either a “3 line whip” of Members’ attendance at training or launch at a full Council.  The fundamental issue is that ALL Members receive a copy and know the importance of it.	Guest D & the YPG             GJ       GJ               Guest D & YPG   Guest D & YPG                 DT       GJ
(8) Updated Forward Work Programme – discussion GJ   The Forward Work Programme fell out of the Key Questions; Baseline Report prepared by GJ in April 2009.  The Baseline report was a snapshot completed in April therefore the figures relate to that period of time (not current figures).  GJ has incorporated some Key Performance Indicators.  The paper was discussed and the contents were noted with the following actions:   Key Questions; Baseline Report to be circulated to Scrutiny Members and all Panel Members.   Guest D to discuss with peers regarding education and feedback to the Panel on their thoughts and views and what Education can improve on.   Dr Sharon Hopkins & Dr Hassan to be invited to a future Corporate Parenting Panel to discuss Health issues.   Acknowledged it would be useful for Young People Group to look at other public leaflets the Vale currently have in order to get a young persons point of view.   Housing representative and Llamau to be invited to the next  Corporate Parenting Panel as a matter of urgency (Health to be invited to a later meeting).   Chief Executive to be invited to a Corporate Parenting Panel to discuss the corporate parenting role across the whole Council – to be included in the letter regarding work experience for LAC.	MP     Guest D & YPG     MP/GJ       YPG       MP/GJ       DT/GJ
(9). AOB   Award Ceremony for LAC– Hoping to have the ceremony on 10th December 2009 7pm-9pm (noted a clash with a Scrutiny Committee but agreed for the ceremony to go ahead).  JS has been offered £1500 from Cymorth.   A request was made to ensure papers for Corporate Parenting Panel are different colours for ease of reference.   Date of next meeting to be circulated to the Panel.   Future dates for 2010 to be circulated to the Panel.	MP     MP   MP

 

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RESOLVED -

 

(1)       T H A T the minutes be noted.

 

(2)       T H A T, in future, Councillor Dorothy Turner be referred to as “Chairman” of the Corporate Parenting Panel, not “Chair”.

 

Reasons for decisions

 

(1)       To note the information received.

 

(2)       Personal preference.

 

 

C629              CARDIFF BAY ADVISORY COMMITTEE -

 

The following minutes of a meeting held on 16^th September 2009 were submitted:

 

Present:

 

CouncillorP. Church(Chairman)	Vale of Glamorgan Council
Councillor A.M. Ernest	PenarthTown Council
Councillor N. Howells	CardiffCityand County Council
Mr. J. Harrison	Environment Agency
Mr. A Parker

 

Also present:

 

Mr. J.P. Barry	CardiffYacht Club
Mr. S. Howell	CardiffHarbourAuthority
Mrs. K. Bowen	Vale of Glamorgan Council

 

 

(a)       Apologies for absence -

 

These were received from Mrs. C. Dimond (Vice Chairman),

Captain T. Auld (Dock and Harbour Master), Mr. S. Jones (Quay Marinas), Ms. S. Newbold (British Marine Federation) and Mr. T. Rees (Glamorgan Anglers).

 

 

(b)       Minutes -

 

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

 

 

(c)        Matters Arising -

 

The Clerk advised the Committee that Mr. T. Rees had recently replaced Mr. J. Taylor as the Glamorgan Anglers representative.   Mr. Taylor had taken up a position with the Cardiff Harbour Authority and as such would therefore have a conflict of interest.

 

AGREED - T H A T a letter of thanks be forwarded to Mr. Taylor thanking him for his work on the Committee.

 

 

(d)       Progress / Update regarding Cardiff Harbour Authority -

 

(i)         Mr. Howell presented aerial photos to Committee which detailed the amount of visitors to Cardiff Bay for the recent Tall Ship Festival weekend.  During the weekend over 45,000 people had visited the area with an opportunity taken for visitors to board the tall ships at a cost of £1 a time which had resulted in the collection of over £4,000. 

 

 

(ii)        General Maintenance

 

Two doses of larvicide had been placed in the Bay in 2009 which had been effective and an oil pollution exercise had also been undertaken. All relevant organisations had been informed i.e. Coast Guard Service, Environment Agency and Countryside Council for Wales.

 

Mr. Howell also took the opportunity to report that the Pont-y-Werin Bridge development was well underway and in considering the matter and others issues within Cardiff Bay members queried the possible impact on the Penarth Marina. It was therefore 

 

RECOMMENDED -

 

(1)       T H A T Mr. S. Jones, Marina Manager, Penarth Marina, present a report to the next meeting of the Committee regarding issues affecting Penarth Marina in particular current mooring subscription costs and their usage.

 

(2)       T H A T Mr. Howell be thanked for his report.

 

 

(iii)       Environment Agency Progress Report -

 

Mr. Harrison advised that the Environment Agency had no issues with regard to water quality in the Bay and with regard to the White Water Rafting Centre as they were in regular contact with the Cardiff Harbour Authority.  The close working relationship that had been built up between the two organisations had meant the river had been protected and regular discussions were undertaken with both parties being well briefed on any operations.  Mr. Harrison then referred to the recent BBC Panorama programme where the Environment Agency and water companies had been criticised regarding sewer overflows.  He however advised that, with regard to the Bay, all works had been completed prior to its establishment and as such there were no issues for the Bay and the Cardiff Harbour Authority. 

 

CardiffHarbourAuthority (CHA) regularly monitored and tested the water within the bay and if issues emerged these would be dealt with as a priority. 

 

During the discussion members were informed by Mr. Howell that a number of organisations had approached the CHA with the proposal of possibly holding swimming events within the Bay.  However, the holding of such events in Cardiff would be subject to UK weather and for example if significant rainfall took place just before an event the event may have to be cancelled or postponed which would be an unpopular move especially if events had been highly publicised and drew significant attendance.   Mr. Howell however stated that he did not wish to rule out the possibility of holding such events as long as all organisers understood the risks that could occur to events within the Bay. 

 

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

 

 

(e)       Information Only Reports -

 

(i)         Penarth Marina Escarpment Stabilisation - Vale of Glamorgan -

 

Members referred to the Penarth Heights development and the Chairman advised that the Vale of Glamorgan Council was currently still in negotiations with Crest Nicholson and he would report back to the next meeting on any further developments.

 

 

(ii)        Tourism Strategy for Cardiff 2009-2014 -

 

Although the document was a strategy for the whole of Cardiff, reference within the document referred to issues for Cardiff Bay and members agreed that there was a mutual benefit for holding events in Cardiff Bay that could have an impact on other areas such as Penarth.  In particular it was suggested that an increase in visitor numbers could possibly require more accommodation which could spill over to other localities.  The report was welcomed by the Committee.

 

 

(iii)       Minutes of the meeting of the Waterfront Partners for 2^nd July 2009 -

 

Members noted the contents of the report. 

 

Having considered the above reports it was

 

AGREED - T H A T the reports be noted.

 

 

(f)         Any Other Business -

 

Discussion took place regarding the possibility of large cruise liners being able to dock within the Bay.  Members were advised that due to their size it was currently difficult as the Bay was not large enough to accommodate very large  liners.  However, the Harbour Authority had been working for a number of years to attract cruise ships to Cardiff and several had visited in recent years with a further two ships planned in 2010.  Members queried whether ABP (Associated British Ports) could be persuaded to widen the access lock but were advised that the cost was prohibitive.

 

 

(g)       Date of Next Meeting -

 

AGREED - T H A T the next meeting be held on Wednesday 18^th November 2009 at 5.15 p.m. at the Cardiff Harbour Authority Offices.

 

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RESOLVED -

 

(1)       T H A T the minutes be noted.

 

(2)       T H A T, when appropriate, the Vale of Glamorgan Council Tourism Strategy be referred to the Cardiff Bay Advisory Committee.

 

Reasons for decisions

 

(1)       To note the information received.

 

(2)       For information.

 

 

C630              CONSULTATION BY WELSH ASSEMBLY GOVERNMENT ON DRAFT REGULATIONS RELATING TO STALLED REVIEWS OF CONDITIONS ATTACHED TO OLD MINERAL PERMISSIONS (REF) -

 

On 17^th September, Planning Committee's views were sought on draft Regulations issued by the Welsh Assembly Government which were intended to resolve the procedural and environmental problems arising from the failure of a number of mineral operators to submit Environmental Statements required in support of applications under the Environment Act 1995 for the determination of updated working conditions to be attached to old mineral permissions.

 

Schedules 13 and 14 of the Environment Act 1995 introduced the formal periodic 15-year review of old mineral planning permissions (ROMPs).  Subsequent guidance issued to accompany the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2000, which extended the concept of Environmental Assessment to include ROMP applications, advised that whilst the Regulations were not retrospective Mineral Planning Authorities and mineral operators should voluntarily apply the principles of the Regulations to applications that had not been determined at the date of their introduction. 

 

This meant that for ROMP applications pre-dating November 2000 where Mineral Planning Authorities considered an Environmental Statement to be necessary, applicants were requested to produce such a statement voluntarily within a reasonable timescale.  Most did so and new conditions had been determined for those sites, but in a small minority of cases no Environmental Statement had been submitted and the applications had been 'stalled' for up to 10 years.  The lack of a legally binding timescale for submission of Environmental Statements, and the inability of mineral planning authorities to determine ROMP applications without an Environmental Statement in such cases had resulted in quarries continuing to operate under planning conditions that in some cases may be 60 years old and which did not incorporate modern standards of working or restoration requirements.

 

The Vale of Glamorgan had only one such site, Pant Quarry at St. Brides Major, operated by Tarmac Ltd., where a ROMP application had been submitted in November 1999 but which remained undetermined due to a failure of the operator to submit the required Environmental Statement despite regular requests and reminders.

 

The Welsh Assembly Government had recently issued draft Regulations and associated guidance for comment, designed to overcome this impasse and to ensure modern working conditions are enforced at all mineral sites as soon as possible.  The main issues covered were:

 

(a)       all stalled ROMPs are automatically deemed to be EIA development

 

(b)       a prohibition on determination of new conditions without consideration of the relevant environmental information

 

(c)        a requirement for Environmental Statements to be submitted in draft for Mineral Planning Authorities to assess their adequacy for consultation purposes

 

(d)       the introduction of automatic suspension of new permissions (except for restoration and aftercare requirements) for failure of applicants to fulfil the required procedures at any of the trigger points in the process

 

(e)       the imposition of a duty on Mineral Planning Authorities to make prohibition orders were mineral working has been automatically suspended for at least two years

 

(f)         the introduction of powers for the Welsh Ministers to direct that an application be referred to themselves for determination if a Mineral Planning Authority fails to meet its obligations in respect of deadlines for action set out in the Regulations. 

 

The consultation particularly requested responses to 17 Key Consultation Questions which were detailed in the report together with officers’ comments. 

 

In general terms, the introduction of Regulations to deal with this matter, which would bring Wales into line with similar legislation already in place in England, was welcomed although it could be seen as being long overdue.  In the Pant Quarry case, it was fortunate that the quarry was generally remote from residential areas and that it environmental effects were limited, although complaints about the effects of blasting were received from time to time and concern had been expressed over the number and size of vehicles from the quarry passing through St. Brides Major. 

 

New working conditions would have to recognise that the quarry was a Site of Special Scientific Interest for its fossil assemblage and was located close to the strategically important Schwyll Springs.  Furthermore, the inability to determine the 1999 ROMP application had meant that it had not been possible to resolve the matter of two small unauthorised areas of excavation adjoining the northern and southern boundaries of the site in a comprehensive manner. 

 

It was recommended that the introduction of Regulations to overcome the procedural delays was to be welcomed and that the Welsh Assembly Government be urged to issue the final regulations at the earliest opportunity. 

 

Planning Committee had

 

RESOLVED -

 

(1)       T H A T a copy of the report be forwarded to the Welsh Assembly Government as the Vale of Glamorgan Council's comments on the proposed Regulations.

 

(2)       T H A T a copy of the report be forwarded to Cabinet for information.

 

Having considered the decision of the Planning Committee, Cabinet

 

RESOLVED - T H A T the decisions of Planning Committee be noted.

 

 

C631              REVIEW OF HOMES4U ALLOCATION POLICY (REF) -

 

Scrutiny Committee (Housing and Public Protection), on 30^th September 2009, received a report which set out information including recommendations following a review of the Council's Allocation Policy.

 

The Council's current Allocation's Policy was adopted in June 2003 under the title Homes4U and had undergone a number of procedural reviews.  Since the launch of the original scheme the challenges facing the Council had changed considerably in that the supply of affordable housing opportunities had diminished resulting in current applicants waiting between 9 - 12 months before they are re-housed.

 

Given the above circumstances, it was considered appropriate to undertake a fundamental review in order to address the change in the housing market, to follow newly issued guidance and to incorporate legal advice.  The review would also attempt to meet expectations and aspirations of those in housing need within the Vale of Glamorgan.  Consequently, the Council commissioned Simon Inkson Associates to undertake a review of a number of key policies in December 2008 including the current Homes4U Policy.  A series of workshops with the Homes4U partners was also undertaken along with consultation with internal staff.  The Tenants Panel had also been consulted on the proposals and had been supportive of the proposed changes to the Policy.  This Review had culminated in the development of a revised draft Homes4U Allocations Policy and this was set out in the Appendix to the report and was anticipated to be implemented in April 2010. 

 

The new Policy would be compatible with the standard and was supportive of a number of other new Housing Department Policies.  The report went on to apprise Members of the key changes being proposed and these related to the following:

 

·                         the introduction of a reduced or no priority rating for applicants as a result of their circumstances or previous actions

·                         the introductions of a local lettings plan in the interests of promoting balanced and sustainable communities

·                         a more restrictive time limit on homeless applicants being able to exercise choice - 13 weeks compared to 26 weeks in the current policy

·                         to provide homeless applicants housed in bed and breakfast or the Council's Hostel a direct allocation at any time

·                         the Council's current duty towards homeless applicants would end if the applicant refused an offer that they had bid for or refused a direct allocation

·                         a general premise that applicants (non-homeless) would be given a reduced preference for a 12 month period where they have bid for and had been offered two suitable properties

·                         increased flexibility to enable some properties to be held back from advert where there was a specific landlord requirement

·                         increased flexibility not to house to the highest bidder in specific circumstances

·                         the introduction of a Gold Plus banding to distinct between urgent and very urgent cases

·                         the introduction of a new priority for applicants living in flats above ground floor with a child under 10 years of age permanently living with them

·                         a move to a local definition of over-crowding.

 

Discussion ensued with questions emanating from the Committee on the following that the local lettings plan appeared to be vague and not fully developed; the provision and take up of training for staff who were expected to implement the new policy arrangements; matters relating to how a local lettings policy would be determined and those issues that would be taken into consideration; issues relating to consultation with stakeholders and matters relating to statutory consultation requirements; the level of support that would be provided to applicants following the implementation of the new policy the requirement of all current applicants on the waiting list to complete new application forms.

 

Scrutiny Committee had

 

RECOMMENDED - T H A T the draft Homes4U Allocations Policy as set out in the Appendix to the report be recommended to Cabinet for approval.

 

Reason for recommendation

 

(1)       Section 167 of the Housing Act 1996 requires local authorities to have a published allocations scheme for determining priorities and a procedure to be followed in allocating housing.  The Homelessness Act 2002 amended Section 167 by requiring local authorities to give reasonable preference in the Allocations Policy to people with a high level of assessed need. 

 

(2)       The Allocation Policy has been revised in light of recent caseload, best practice and the change in local housing position.

 

(3)       To allow the new Allocations Policy to be implemented from 1^st April, 2010.

 

Having considered the recommendation of Scrutiny Committee, Cabinet

 

RESOLVED - T H A T the recommendation of the Scrutiny Committee be adopted.

 

 

C632              STATUTORY GUIDANCE ON THE ROLE AND ACCOUNTABILITIES OF THE DIRECTOR OF SOCIAL SERVICES (CX) (SCRUTINY - SOCIAL CARE AND HEALTH) -

 

Cabinet received a report which:

 

-                      outlined the implications of the new guidance and the complementary changes brought about by the introduction of a revised framework for local authorities’ social services inspection, evaluation and review

-                      sought approval for the Chief Executive’s response to a request from the Director of Social Services Wales that he considers the suitability of the arrangements in place in the Vale of Glamorgan in relation to the guidance.

 

In June 2009, WAG had introduced statutory guidance on the role and accountabilities of the Director of Social Services, issued under Section 7 of the Local Authority Social Services Act 1970. 

 

The guidance was intended to compliment the legal framework which set out how local authorities must carry out their social services functions, and it reinforced the need for them to appoint a Director of Social Services.  The commitment to producing such guidance was made in the Assembly Government 10-year strategy for social services, Fulfilled Lives, Supportive Communities.  This was seen as an important element within a key theme in implementing the strategy - strengthening the leadership and accountability of social services within local government.

 

The guidance made clear that operational management arrangements were a matter for local authorities.  However, it did stress that these arrangements must work in ways that enabled the accountabilities of the Director of Social Services to be discharged properly.  The focus of the guidance was on:

 

·                    clarifying the six core accountabilities of the Director of Social Services set out previously in the Guidance on Executive and Alternative Arrangements 2006

·                    clarifying the implications of these accountabilities for the Director’s key reciprocal relationships

·                    identifying the competence to which a Council should have regard in the appointment of a Director of Social Services

·                    introducing a new requirement for the Director to report annually on the delivery and improvement plans for social services, with this report providing core evidence for the revised inspection and review framework to be used by the case and Social Services Inspectorate Wales.

 

The new annual report by the Director of Social Services was intended to:

 

·                    produce a more rounded picture (supplementing the key performance indicators with more user and carer perspective and measuring progress against local corporate strategic objectives)

·                    be expressed in a language and style which suits each Council and the population it serves, not following a national template

·                    provide a much more immediate feedback into planning and budgetary processes (with the intention of publishing in the Autumn after year-end)

·                    be owned as part of the month-by-month performance management framework used in the Council.

 

All local authorities would be required to consider an annual report for the year 2009-2010 with the expectation that it would be available by Autumn 2010.

 

When the guidance was issued, the Deputy Minister for Social Services informed Chief Executives that they would be asked by WAG officials later in the year to consider the suitability of the arrangements in place in their authorities in relation to the guidance and to report on this.  The Director of Social Services Wales had formally requested this report by 30^th October and the response was expected to deal with the following areas:

 

·                    a description of the management and other arrangements in place in the Council and of the location of the statutory post of Director of Social Services within them

·                    the Chief Executive’s assessment of the extent to which the core accountabilities of the Directorate were located with the post holder.  This would need to confirm:

-                      whether the necessary authority to fulfil those accountabilities effectively were clearly set out

-                      whether arrangements which ensure appropriate access to the Head of Paid Service and Councillors are in place and had been maintained on an ongoing basis.

·                    the Chief Executive’s assessment of the adequacy of the reciprocal arrangements between the Director of Social Services and other senior officers within the Council which are necessary for the fulfilment of the accountabilities vested in the post holder, and the arrangements the Chief Executive had in place to satisfy himself that these were working effectively

·                    an account of progress towards introducing the new requirement for the Director of Social Services to report annually on the delivery, performance and risk as well as plans for improvement of the whole range of the Council’s social services functions.  The first report would need to be published by October 2010 and the Chief Executive was asked to set out how it was envisaged that this annual report would relate to the Council’s wider performance, improvement and scrutiny processes

·                    an assessment of the extent to which the competencies for the post of Director of Social Services were satisfied and / or being strengthened within the current arrangements.

 

The Chief Executive had prepared a response to this request, a copy of which was attached at Appendix 2 to the report.  The response asserted that arrangements in the Vale of Glamorgan were strongly compliant and that the Council was well equipped to meet the challenges which were set out in the guidance.  It recognised that Social Services were intrinsically vulnerable and difficult services to deliver but reminded WAG that the Council recently faced a very serious task in dealing with all the ramifications of a high profile case where serious mistakes were made within the Directorate.  This had provided a stern test of the effectiveness of arrangements for managing social services.  The unified and appropriate way in which that challenge had been met should be regarded as a testament to the Council’s collective ownership of the issues and its commitment to ensuring that the Director of Social Services was supported by sound arrangements that enabled him to deliver good professional leadership.

 

To some extent, the guidance was a response to the potential for confused accountabilities in local authorities where the social services function had been split and carried out across different directorates.  This was not the case in the Vale of Glamorgan where there was a straightforward allocation of responsibilities and it was acknowledged that the Director of Social Services retained final accountability for the quality and delivery of social care services whether these were directly provided or commissioned.  However, it was felt to be appropriate that the Council should look again at its Constitution, and or performance management arrangements in response to the guidance in readiness for an inspection of the arrangements by CSSIW in each local authority in 2010.

 

RESOLVED -

 

(1)       T H A T the report of the Chief Executive be approved for submission to the Director of Social Services Wales, subject to consideration by the Social Care and Health Scrutiny Committee.

 

(2)       T H A T the Chief Executive be required to provide a further report to Cabinet regarding the need for any changes to the Council’s Constitution, scheme of delegation or performance management arrangements in response to the guidance, including the requirement for the Director of Social Services to report annually on delivery, performance and risk across the whole range of the Council’s Social Services’ functions as well as plans for improvement.

 

Reasons for decisions

 

(1)       To ensure that the Council provides a formal response to WAG.

 

(2)       To ensure that the Council’s governance arrangements and its delegation of strategic and operational accountabilities comply with the guidance.

 

 

C633              WELSH ASSEMBLY GOVERNMENT CONSULTATION ON DRAFT TECHNICAL ADVICE NO. 6 PLANNING FOR SUSTAINABLE RURAL COMMUNITIES (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were advised of the Welsh Assembly Government consultation on the draft Technical Advice Note (TAN) 6: Planning for Sustainable Rural Communities, and approval was sought for the Council’s formal response to the consultation questions, a copy of which was attached at Appendix A to the report.

 

The draft TAN 6 built on the initial consultation “Planning Policy Changes to Support Sustainable Development in Rural Areas - Meeting Housing Needs” which had been undertaken the previous year.  The planning system had a key role to play in supporting the delivery of sustainable rural communities in that it can help to ensure that appropriate development takes place in the right place at the right time by making sufficient land available to provide homes and employment opportunities for local people, helping to sustain rural services.  The draft TAN 6 emphasised that local planning authorities should support living and working rural communities by identifying sites and allowing developments, particularly where they meet a local need.  The draft TAN 6 also helped to deliver the WAG One Wales commitment to:

 

·                    increase the supply of affordable housing

·                    extend the scope of essential dwellings to a wider range of rural enterprises

·                    help new entrants to farming by making dwelling transfer easier with a new dwelling possible for a retiring or a part time worker.

 

The Council’s proposed response to the consultation questions were attached at Appendix A to the report.  In broad terms, the following issues were considered to be important:

 

·                    The draft TAN stated that where development proposals were intended to meet local needs, planning authorities should recognise that a site may be acceptable even though it may not be accessible other than by car.  This statement was considered to contradict general sustainability objectives and there was concern that developers may refer to this part of the TAN when proposing development in unsuitable locations.  Consequently, it was suggested that the draft TAN should clearly define the term local need and provide practical examples.

·                    The draft TAN advised that development plans should include a rural employment exception site policy.  Whilst the need for such policy was acknowledged, it was considered essential that the term “rural employment exception site” was clearly explained to prevent any misinterpretation.  The draft TAN also stated that development plans should support the expansion of businesses that were currently located in the open countryside.  The Council recognised the valuable contribution that such business could make to the rural economy.  However, it was felt to be imperative that only appropriate businesses were permitted to expand where they would not unacceptably affect the surrounding countryside.

·                    With regard to farm shops, the draft TAN stated that where there were no other shops in the locality, planning authorities should permit a range of retail services e.g. a sub post office to help meet essential needs of the community.  This flexible approach was welcomed and was felt to be of considerable benefit to communities in the more remote parts of the rural Vale.

·                    In terms of sustainable rural housing, the draft TAN advised that local planning authorities may wish to identify smaller villages where future housing development would be limited to affordable housing.  The draft TAN also proposed that the planning system should support unsubsidised affordable rural housing provided either by a developer or the intended occupant.  This approach was supported in principle but it was felt that mechanisms needed to be in place e.g. restrictive covenants to ensure that properties remained affordable in perpetuity. 

·                    The draft TAN recognised the need for rural enterprise dwellings in certain circumstances and stated that local planning authorities should ensure that such developments were fully justified in rural enterprise dwelling appraisals.  Given that various different types of rural enterprises existed, it was more appropriate to consider proposals on an individual basis when planning applications were submitted.  The draft TAN also provided guidance on the circumstances where a second dwelling may be appropriate on established viable farms.  For the avoidance of doubt, it was recommended that the TAN clearly define some of the key terms in this section. 

·                    The draft TAN emphasised that rural residents needed to have reasonable access to essential local services to ensure that communities were sustainable in the long term.  The Council fully supported this and had previously undertaken a Draft Sustainable Settlements Appraisal as part of the Local Development Plan process which examined existing services and facilities in each settlement.  The draft TAN added that local planning authorities should support proposals which were designed to improve the viability, accessibility or community value of existing services and facilities.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the responses to the Welsh Assembly Government, attached at Appendix A to the report, be approved as the Council’s formal response to the consultation on draft Technical Advice Note 6, subject to the last sentence of the response to Question 3 reading:           

           

“In assessing new proposals for the expansion of rural businesses regard needs to be given to all relevant material planning considerations including the role played by that business within the rural economy and the value in terms of rural employment, which will be important considerations alongside an assessment of other material issues.”

           

(2)       T H A T a copy of the report be submitted to Planning Committee for information purposes.

 

Reasons for decisions

 

(1)       To obtain Cabinet’s approval to submit the comments on the draft Technical Advice Note 6 to WAG by 16^th October 2009.

 

(2)       To ensure that Planning Committee are informed of the consultation on the draft Technical Advice Note 6.

 

 

C634              CIVIL PARKING ENFORCEMENT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were advised of the possible withdrawal by South Wales Police of their traffic warden service in the Vale of Glamorgan and the potential implications for the Council. 

 

Currently, South Wales Police employ two traffic wardens to undertake the enforcement of on street traffic orders i.e. yellow lines, disabled bays, etc. within the Vale of Glamorgan.  However, due to budgetary pressures the South Wales Police had decided that it would be better if enforcement of on street traffic orders was undertaken by Local Authorities.

 

The Traffic Management Act 2004 allowed Local Authorities in Wales to apply to the Welsh Assembly Government for the powers to carry out this civil enforcement role.  Under these arrangements car parking contraventions become civil offences and the income from fines would be retained by the Local Authority to support the cost of the enforcement operation.

 

Taking on these powers would mean that the Council would have direct day-to-day control of the deployment of enforcement staff across the highway network and thus could target enforcement in support of its own transportation strategies and respond more effectively to local needs.

 

The South Wales Police originally intended to withdraw their traffic wardens in April 2010.  This day may however be put back to allow Local Authorities sufficient time to prepare properly for taking on the additional workload.  It was widely accepted that it could take between 18 months and 2 years for a scheme to progress from feasibility stage to becoming operational. 

 

Given this intention, the Police would be unlikely to recruit new staff into the service and many wardens were actively looking for new jobs.  This would further exacerbate the current situation where there is insufficient resources to be able to provide an adequate service.

 

Should the traffic wardens be removed, the lack of an alternative would cause serious road safety and traffic flow issues and was felt imperative that the Council worked in partnership with the Police to ensure the best possible outcome was achieved.

 

In order for all the costs associated with Civil Parking Enforcement including provision of enforcement staff, other back office staff etc. to be met, it would be necessary to consider all possible revenue streams.  It would be necessary to consider utilising the current income from off street car parks together with the income that could be achieved by charging in all the Council’s off street car parks.

 

A feasibility study carried out by Consultants with experience in Wales would inform members as to whether it would be viable to take on Civil Parking Enforcement powers and also whether the back office processing could be done in house or whether it would be better to share these activities with a partner authority, to reduce costs.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the notice given by South Wales Police of their intention to end their traffic warden service be noted.

 

(2)       T H A T approval be given for a feasibility study to be prepared on the options available.

 

(3)       T H A T a further report be presented to Cabinet in due course.

 

Reasons for decisions

 

(1)       To advise Members of the intention of South Wales Police with regards to their traffic warden service.

 

(2)       To determine the financial and resource implications for the Council to undertake the enforcement of on street traffic orders and mange / enforce its off street car parks.

 

(3)       To provide further advice.

 

 

C635              HIGHWAY SAFETY ISSUES - FFORDD Y MILENIWM AND GLADSTONE BRIDGE, BARRY WATERFRONT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were provided with information regarding proposed remedial measures to improve road safety for pedestrians along Ffordd y Mileniwm and Gladstone Bridge, Barry Waterfront.

 

Whilst it was accepted that the design of the roundabouts along Ffordd y Mileniwm did not comply with the current design standards as regards certain visibility distances, the roundabouts had been in use for a number of years, and no accidents had been recorded where visibility in respect of their construction had been a factor. 

 

Furthermore, the absence of forward visibility across the roundabouts would have the effect of reducing the speed of approaching vehicles.  If the speeds had been a concern within the Safety Audit of 2004 and any reduction in the roundabout construction which improved forward visibility, without any new speed reduction measures, could increase the speeds of through traffic. 

 

Since previous reports on this matter, Officers had been considering ways of complying with the requirement of the Safety Audit, whilst also providing a degree of betterment for pedestrians.  It was proposed to introduce two pedestrian crossings at the locations shown on drawing no. T/07/36/AJH shown at Appendix A to the report.  In order to achieve the forward visibility required for such crossings the foliage on the roundabouts on the approaches would have to be reduced in height, hence addressing the concerns of the Safety Audit in respect of these particular structures.

 

The proposed pelican crossing on the link road to Gladstone Bridge would serve the desire line on the existing footpath network between “Morrisons” and the houses to the west of the link road.  It had been demonstrated that there was a clear need for a crossing at this location due to the number of pedestrians currently crossing at this point. 

 

There was still a concern with regard to the height and density of the hard and soft landscaping on the Mouscron and Rheinfelden roundabouts.  The location of the hard landscaping in particular interfered with forward visibility.  It was proposed to maintain the soft landscaping at a very low level and to review the effects of the hard landscaping features on completion of the crossings via the Safety Audit process.  If a reduction in the hard landscaping features was required at a later date, this would be a matter for further consideration by Cabinet.

 

A Personal Injury Accident Review undertaken in December 2007 reiterated the need to reduce the vegetation / landscaping to the roundabout central islands and also indicated that measures to reduce vehicle speeds within the 30mph area should be investigated.

 

As this route acted as a distributor road, it was not appropriate to consider the introduction of physical traffic calming features nor was it possible to reinforce the existence of the 30mph limit with additional signage as this was not permitted within an area already served by a system of street lighting.  It was however considered that the construction of pedestrian crossing facilities in the locations proposed would have a traffic calming influence and thereby reduce vehicle speeds.

 

The Safety Audit raised concerns in respect of the construction and maintenance of other roundabouts along Ffordd y Mileniwm.  It was proposed that the vegetation management on the remaining roundabouts would be improved to ensure maximum driver visibility and that further reviews of accident and speed data would be undertaken periodically along this route to advise any further safety improvements.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the introduction of controlled pedestrian crossings and associated landscaping works on Ffordd y Mileniwm and Gladstone Bridge be approved in principle, the precise locations of the controlled pedestrian crossings to be determined by the Cabinet Member for Visible and Building Services.

 

(2)       T H A T the arrangements for future reviews of speed and accident data at this location be noted.

 

(3)       T H A T the cost of landscaping the 2 No. roundabouts should not exceed £10k.

 

Reasons for decisions

 

(1)       To improve pedestrian crossing facilities in the area.

 

(2)       To ensure that the safety of the route is maintained for the future.

 

(3)       To have regard to the Council’s budget.

 

 

C636              CONSULTATION ON CHANGES TO PLANNING POLICY WALES TO SUPPORT THE REQUIREMENT FOR TRAVEL PLANS FOR SPECIFIC TYPES OF DEVELOPMENT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which:

 

-                      advised of the Welsh Assembly Government’s consultation on proposed changes to Planning Policy Wales (PPW) (2002) to support the requirement for travel plans for specific types of development

-                      sought approval of the Council’s response to the consultation questions attached at Appendix A to the report.

 

PPW (2002) sets the context for sustainable land use planning policy and was continually monitored and reviewed by WAG.  Following completion of the consultation exercise, any modifications to planning policy would be consolidated into PPW (2002) and considered by the Council when considering planning applications and preparing its Local Development Plan (LDP). 

 

The WAG’s “One Wales” agreement sought to promote public transport and ensure that people without a car had access to a wide range of goods and services.  The proposed changes to PPW (2002) would help to achieve this by requiring Transport Assessments (TAs) and associated travel plans for certain categories of development.

 

TAs provided Local Planning Authorities (LPAs) with the necessary information to assess the suitability of an application in terms of travel demand and impact.  Currently PPW (2002) was supportive of the requirement for TAs but left the consideration of the type of development which would require a TA to the discretion of the LPA. 

 

Current planning policy was supportive of the need to promote choice in terms of transport and to secure accessibility in a way that supported sustainable development.  However, given the significant impact that greenhouse gasses had on climate change, WAG was proposing to strengthen planning policy by establishing a transport hierarchy in relation to new development. In the first instance, new development should be accessible by walking or cycling, then by public transport and finally by private car.  The proposed hierarchy would have consequences for the Council when allocating new sites in the LDP and for assessing Design and Access statements which accompany relevant planning applications.

 

In broad terms, the Council welcomed the proposed changes to PPW (2002) which would help to raise the profile of sustainable transport and improve integration between planning and transport.  The proposed changes were also supported by existing policies contained in the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011 and the Planning Obligations Supplementary Planning Guidance.  The Council’s proposed responses to the consultation questions were attached at Appendix A to the report.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the responses attached at Appendix A to the report be approved as the Council’s formal response to the consultation.

 

(2)       T H A T a copy of the report be submitted to Planning Committee for information purposes.

 

Reasons for decisions

 

(1)       To obtain Cabinet’s approval to submit the comments on the proposed changes to PPW (2002) to WAG by 30^th October 2009.

 

(2)       To ensure that Planning Committee is informed of the consultation on the proposed changes to PPW (2002).

 

 

C637              THE COMMUNITY INFRASTRUCTURE LEVY - CONSULTATION BY THE DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which:

 

-                      informed of the Government’s proposals to introduce a Community Infrastructure Levy upon developments to replace (in part) the current arrangements for seeking planning obligations, contained within Section 106 of the Town and Country Planning Act 1990 (as amended)

-                      sought approval of the responses to the consultation questions raised by the Department for Communities and Local Government (DCLG), required by 23^rd October and which were attached at Appendix A to the report.

 

Central Government had been investigating alternative ways to secure infrastructure from new developments, to provide more clarity and certainty for those involved in the process and to secure more infrastructure from new developments to serve new and existing communities.  This had resulted in the latest proposals from the Department for Communities and Local Government to introduce legislation enabling Local Authorities to introduce a Community Infrastructure Levy (CIL). 

 

The CIL would be a standard charge which local planning authorities would be empowered, but not required, to charge on most types of new development in their areas.  CIL charges would be based on simple formulae which related the size of charge to the size and character of the development making the contribution. 

 

The DCLG guidance stated that CIL would be used to provide infrastructure such as transport, schools and health centres, flood defences, play areas, parks and other green spaces.  Affordable housing provision would continue to be provided through the existing system of negotiated planning obligations, not through CIL.

 

Appendix A to the report contained the consultation questions posed by DCLG together with a suggested response.  A number of issues had been raised by officers, i.e.

 

-                      Firstly, the setting of CIL would require substantial new skills and resources to undertake detailed infrastructure planning, viability analysis and examination in public and for any subsequent reviews thereafter.  At present the Council charges an administration fee through Section 106 agreements, which cover the Council’s costs for seeking, negotiating, implementing and managing planning obligations.  The current CIL proposals do not make such provision and therefore its introduction may well have significant cost implications for the Council.

 

-                      The relationship between CIL and LDP plan preparation would as a consequence be critical.  In particular, in terms of the time frame for LDP policy preparation, the examination in public and how the CIL can coincide with that process.  At present it appears unlikely that the time frame would coincide, therefore CIL would require a separate Examination in Public from the LDP.  This again has a resource implication.

 

-                      Concerns had been raised about the ability to predict what the infrastructure requirements of an area would be over a planned period.  In particular, the Vale of Glamorgan had experienced a number of major developments, large scale windfall sites which were not envisaged in the UDP but nevertheless had significant infrastructure impacts.  Through the existing Section 106 process these could be mitigated, but the CIL proposals did not appear to allow the same level of flexibility to respond to changing circumstances.

 

-                      There were also concerns about how the CIL would work in practice, in particular the relationship between CIL and in-kind provision of infrastructure, the impact upon development by ability and whether CIL would effectively deal with the local impacts of developments.  The CIL did not appear to have the same level of flexibility as the existing Section 106 system.  Furthermore, it related less to the actual impacts of a particular development and more to the general impact of development in the area as a whole.  Therefore, there would still be a requirement for conditions and planning obligations to be used to ensure the specific impacts of particular developments are mitigated. 

 

-                      The proposals included a draft regulation (94) to legally scale back the use of planning obligations based upon the tests set out within English Circular 5/5 namely

(a)       relative to planning

(b)       necessary to make the proposed development acceptable in planning terms

(c)        directly related to the proposed development

(d)       fairly and reasonably related in scale and kind to the proposed development

(e)       reasonable in all other respects.

 

This was considered necessary because case law indicates that the policy in the Circular is simply guidance and is not binding upon local authorities.  The new regulations would make it binding in England and Wales.

 

-                      The Consultation document also sought views on whether to restrict the use of planning obligations for pooled contributions and tariffs, given that the CIL was the Government’s preferred approach for the collection of such contributions.  The effect of such a restriction would undoubtedly force local authorities to pursue the CIL option rather than  the existing Section 106 route.  Concerns had been raised that this was not appropriate for those local authorities, like the Vale of Glamorgan Council, who already had successful policies and procedures for securing community infrastructure through Section 106, irrespective of whether councils such as the Vale may well pursue a CIL approach in due course.

 

-                      Finally, there were some concerns about how the receipts from CIL would be managed and infrastructure projects implemented, and the associated implications for the Council’s resources.  The Council would need to utilise existing (and develop new) skills to undertake the implementation of major infrastructure projects.  Despite the DCLG’s assertions that the CIL would provide more certainty about income from contributions, it was considered that there would still be a substantial amount   of uncertainty because the financial receipts from CIL would be directly linked to commencement of development and when and if a developer decided to implement the planning permission.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Government’s proposals for a Community Infrastructure Levy be noted.

 

(2)       T H A T the response to the DCLG consultation on the CIL proposals, attached at Appendix A to the report, be approved.

 

(3)       T H A T the report be referred to Planning Committee for information.

 

Reasons for decisions

 

(1)       To inform Members of the Government’s proposals for a Community Infrastructure Levy.

 

(2)       To ensure the Council’s views on the CIL are related to the DCLG within the consultation deadline.

 

(3)       To inform Planning Committee of the Government’s proposals for a Community Infrastructure Levy.

 

 

C638              CHRISTMAS GRANTS 2009 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the sum to be made available to each Town / Community Council for Christmas CASH funding 2009 be maintained at £400.

 

(2)       T H A T the per capital sum to be made available to pensioner and similar organisations for Christmas Lunches 2009 be maintained at £3.50p.

 

Reason for decisions

 

(1&2)  To award grants in accordance with the approved scheme.

 

 

C639              REVENUE MONITORING FOR THE PERIOD 1^ST APRIL 2009 TO 31^ST AUGUST 2009 (CMT) (SCRUTINY - ALL) -

 

The projected outturn for the 2009/10 Revenue Budget was forecast as a balanced budget on both the Council Revenue Budget and the Housing Revenue Account.

 

Overall, the Education budget was projected to balance as at the end of March 2010.  Any savings identified between now and the end of the year would be set against a predicted overspend of £96,000 on the Lifelong Learning budget due to failure to meet efficiency targets.  Any remaining savings would be available to redirect to the School Investment Strategy or other reserves.  Certain budgets within School Improvement and Strategy and Performance had been realigned following a restructuring of services.  It was likely that there would be further rationalisation later in the year. 

 

The current forecast for Social Services was for a balanced budget.  The Department continued to make every effort to achieve this and provide appropriate services to clients.  However, this budget was extremely volatile and could be adversely affected by outside influences such as weather conditions, epidemics and the economic climate.

 

This was a matter for Executive decision.

 

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

 

Reason for decision

 

That the Members are aware of the projected revenue outturn for 2009/10.

 

 

C640              POLITICALLY RESTRICTED POSTS (DFICTP & DLPPHS) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet were advised of the legislative changes to politically restricted posts and were requested to delegate further responsibility to the Council’s Monitoring Officer. 

 

The Local Government (Politically Restricted Posts) (Wales) Regulations 2008, which came into force on 29^th February 2008 increased the remuneration threshold and thereby reduced the number of officers who are subject to political restriction.

 

The remuneration threshold for the designation of politically restricted posts has increased from scp 44 to scp 49 on the National Joint Council for Local Government Services pay scales.  Officers will be made aware of the change in threshold as they may be considering standing for office, and appointment letters would need to be amended to reflect the increase. 

 

Officers at scp 49 or above may apply to the Independent Adjudicator for exemption from the designation of their post as politically restricted.  Such an application must be accompanied by a “Certificate of Opinion” as to whether or not the duties of the post:

 

“consist in or involve giving advice on a regular basis to the Council to any committee or sub-committee of the Council or to any joint committee on which the Council is represented or to the Cabinet and / or speaking on behalf of the Council on a regular basis to journalists or broadcasters.”

 

It was proposed that any request for a Certificate of Opinion be provided by the Council’s Monitoring Officer.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T it be noted that, with effect from 29^th February 2008, the remuneration threshold for the designation of politically restricted posts increased from spinal column point 44 to 49 on the National Joint Council for Local Government Services pay scales.

 

(2)       T H A T the function of providing a Certificate of Opinion as to whether the duties of any particular post fell within section 2(3) of the Local Government Housing Act 1989 be delegated to the Council’s Monitoring Officer.

 

Reasons for decisions

 

(1)       To advise new and current employees of the increase in the remuneration threshold from scp 44 to scp 49 for politically restricted posts.

 

(2)       To provide a clear process for employees to apply for exemption.

 

 

C641              REDEVELOPMENT OF PENDOYLAN PRIMARY SCHOOL (DLD) (SCRUTINY - LIFELONG LEARNING) -

 

Cabinet’s commitment to the funding of the Pendoylan scheme in advance of the approval of the Council’s 2010/11 Capital Programme was sought. 

 

In May 2009, the Welsh Assembly Government confirmed that the Llandaff Diocese had been successful in securing £3,587,500 Voluntary Aided Schools Capital Grant for the extension and remodelling of Pendoylan Church in Wales Primary School.

 

Under the conditions of the Grant, Diocesan Directors were required to liaise with their Councils to ensure that where there are financial implications in respect of work for which a Council is responsible, it is prepared to meet its share.  To this end, a detailed estimate of the work to be funded by the Council was recently provided. 

 

In line with Welsh Assembly Government requirements, the Council was now required to certify its commitment to funding its share of the scheme.  This stage needed to be completed as soon as possible so that the scheme could progress as planned and in line with the grant funding availability.

 

A capital bid for the scheme had recently been submitted for Education Capital Asset Renewal funding in 2010/11.  Since the Capital Budget for 2010/11 would not be determined until March 2010, approval to commit the necessary funding was required outside of the normal budget setting procedure and time frame.

 

This was a matter for Council decision.

 

RESOLVED -

 

(1)       T H A T Council be recommended to approve a £388,368 contribution for the Pendoylan scheme from the overall funding available for Education Asset Renewal in 2010/11.

 

(2)       T H A T Council be recommended to include the scheme in the Capital Programme for 2010/11 in advance of the full programme being determined by Cabinet.

 

(3)       T H A T the Chief Executive exercise his emergency powers to expedite this decision.

 

Reasons for decisions

 

(1)       To secure funding for aspects of the Pendoylan scheme which fall within the Council’s responsibility.

 

(2)       To ensure Welsh Assembly Government requirements are met in terms of signing a standard formal agreement to contribute Council funding for the scheme.  The time scale for signing the formal agreement falls outside that for determining the Council’s Capital Programme for 2010/11.

 

(3)       To achieve the required deadline.

 

 

C642              CAPITAL MONITORING REPORT FOR THE PERIOD 1^ST APRIL TO 31^ST AUGUST 2009 (CMT) (SCRUTINY - ALL) -

 

Appendix 1 to the report detailed the financial progress on the Capital Programme as at 31^st August 2009.  Specific reference was made to:

 

·                    Cowbridge Comprehensive School Re-modelling - WAG had approved a further £5m School Buildings Improvement Grant towards the continuing works on this scheme.  A condition of the approval was that all grant monies must be spent before 31^st March 2010.  In the light of this, the scheme had been re-profiled and funding streams rationalised in order to make full use of all available grant income.  As a result, the revised 2009/10 budget was £12,357m with a further £6.143m to follow in 2010/11.  It was proposed to amend the Capital Programme accordingly.

·                    Ashgrove School conversion of pool block - under delegated powers, a transfer of £64,000 had been approved from the 2009/10 Education Asset Renewal budget to this scheme during August in order to increase the budget sufficiently to allow the contract for conversion of the block to be entered into.

·                    14-19 Learning Pathways capital grant - WAG had offered a capital grant of £110,000 to continue the development of a motor vehicle engineering workshop at Barry College (£15,000) plus the establishment of a retail workshop, also at Barry College (£95,000).  A condition of the grant award was that full spend be achieved by the end of the financial year and unspent grant would be returned to WAG.  It was requested that the Capital Programme be increased by £110,000 to reflect this grant funding.

·                    Private and Public Sector Housing (Disabled Facilities Grants) - the actual expenditure on this budget was behind the profiled expenditure due to a slower start than had been projected.  Since then there had been no noticeable improvement in the situation and expenditure was still slow. 

·                    Bridge Refurbishment - the Director of Environmental and Economic Regeneration had advised that the forecast outturn spend on this budget was £515,000 which was some £80,000 in excess of the approved current year budget. 

·                    Barry Island Replacement Footbridge - original tenders for this scheme had come in over-budget.  Attempts to seek additional funding internally had been unsuccessful and the scheme was re-tendered in July 2009 in the belief that steel prices had dropped significantly due to the recent economic downturn.  Unfortunately this anticipated drop did not materialise and tendered sums were still in excess of the current budget.  A bid had been submitted to the Department for Transport for grant funding of £250,000 but the outcome of this bid would not be known before January 2010 so it was unlikely that much of the existing £350,000 capital budget would be spend during 2009/10.

·                    Innovation Quarter Spine Road - the existing allocation of £300,000 reflected the Authority’s contribution towards the construction of a spine road at the Innovation Quarter’s medical centre site.  It had been agreed that the Authority act as the co-ordinating body, and hold the full budget of £900,000 for the scheme, the funding for which was to be shared equally between the Authority, the site developer Matrix and a Welsh Assembly Government Grant.  As the current Capital Programme reflected only the £300,000 Council contribution (which now included the additional £100,000 transfer from the Barry Regeneration partnership budget), it was requested that approval be granted for the inclusion of both the £300,000 WAG grant and the £300,000 contribution from Matrix in the Programme to fully reflect the cost of the scheme.

·                    Rural Local Regeneration Plan - the original budget for the scheme had since been reprofiled with WAG and it was proposed that the current year capital budget be amended to £903,000 (this represented a reduction of £707,000).  The delay should have no impact on the ability to spend the grant. 

·                    Coastal Access Improvement Grant - Appendix 1 to the report had been amended to reflect the recent grant approval of £172,000 for capital works along the coastal paths. 

·                    OneVale - the current budget included the sum of £450,000 for the procurement of computer servers.  There had been a delay in the scheme as the Council were to ensure that it had the licences for Oracle.  Once this issue was resolved, the amount of funding available for servers would be identified.  A full spend was still anticipated during the current financial year.  Also included within the OneVale budget was the sum of £323,000 for integration between Oracle and other systems.  It had been established that this sum would no longer be required during 2009/10 so it was proposed to reduce the Capital Programme by £323,000 accordingly. 

 

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 this criteria were listed as:

 

·                    Rural Local Regeneration Plan - as indicated above, the scheme was behind profile due to initial delays at WAG.  The revised profile had been agreed.

 

Part of the report was to be referred to Council as it was contrary to and not wholly in accordance with the budget.

 

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

 

·                    Cowbridge Comprehensive School Re-modelling - increase the 2009/10 budget by £2.107 million (funded from WAG grant), increase the 2010/11 budget by £3.143 million and reduce the 2011/12 budget to nil.  This action requires Council approval. 

·                    14-19 Learning Pathways Grant - increase the Capital Programme by £110,000 (funded from WAG grant)

·                    Private and Public Sector Housing (Disabled Facilities Grants) - that the Director of Legal, Public Protection and Housing Services prepare a separate report for Cabinet

·                    Bridge Refurbishment - that the Director of Environmental and Economic Regeneration submit a separate report to Cabinet

·                    Innovation Quarter Spine road - increase the 2009/10 Capital Programme by £600,000 (funded from WAG grant £300,000 and developer contribution £300,000)

·                    Rural Local Development Plan - reduce the current year budget to £903,000

·                    OneVale - reduce the budget to £480,000.

 

Reason for decision

 

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

 

 

C643              THE VALE OF GLAMORGAN AFFORDABLE HOUSING DELIVERY STATEMENT: REPORT ON THE PUBLIC CONSULTATION (DEER & DLPPHS) (SCRUTINY - ECONOMY AND ENVIRONMENT AND HOUSING AND PUBLIC PROTECTION) -

 

Cabinet received a report which advised of the results of the consultation exercise held on the Council’s Draft Affordable Housing Delivery Statement (AHDS) and which sought Cabinet’ endorsement of the Council’s response to the representations.

 

The securing of affordable housing through the planning system was a key objective of the Welsh Assembly Government’s One Wales agreement which set out a target for the delivery of 6,500 new affordable homes by 2011.  Guidance issued by WAG pursuant to Section 87 of the Local Government Act 2003 required local authorities in Wales to prepare and submit. 

 

The draft AHDS had been presented to Planning Committee on 9^th July 2009, Cabinet on 15^th July 2009, Economy and Environment Scrutiny Committee on 21^st July 2009 and Housing and Public Protection on 23^rd July 2009.  In accordance with the Council’s protocol for the preparation, consultation and production of SPG, the Council undertook a 6 week consultation exercise between 27^th July and 10^th September.  The draft document was also placed on the Council’s website in order to reach as wide an audience as possible.

 

Responses to the draft AHDS were attached at Appendix 1 to the report and had been received from:

 

·                    the Home Builder’s Federation

·                    GVA Grimley (on behalf of the Waterfront Consortium)

·                    Wick Community Council

·                    Peterston Super Ely Community Council

·                    Newydd Housing Association

·                    Wales & West Housing Association

·                    St. Nicholas and Bonvilston Community Council.

 

Generally, the comment made on the draft ADHS were supportive in terms of the approach adopted by the Council for the delivery of affordable housing.  However, the Home Builder’s Federation were critical of the Council’s proposal to increase affordable housing from 20% to 30% and to lower site thresholds where affordable housing would be required from 50 dwellings to 10 dwellings stating economic viability as the main reason.  In response to this, the AHDS provided evidence of high affordable housing need within the Vale of Glamorgan which justified introducing interim policies that would assist in increasing the levels of affordable housing within the authority.  The AHDS set out clearly defined protocols by which site economic viability would be assessed should a developer indicate that the Council’s affordable housing requirements could not be satisfied.  Whilst the Council would be undertaking a strategic viability to be considered on a site by site basis in accordance with protocols detailed within the AHDS.

 

A common concern of all Community Councils that had responded to the consultation was the potentially negative impact of the rural exceptions policy for affordable housing on smaller settlements within the Vale of Glamorgan.  It was pointed out however that the AHDS only reiterated the Council’s current Adopted Unitary Development Plan Policy and it was proposed to review the policy as part of the Council’s work on the emerging Local Development Plan.

 

On the basis of the comments received, it was proposed that only minor amendments be made to the AHDS, namely:

 

·                         paragraph 7.2.3: change the phrase “the Council will normally require”, “the Council would prefer”, to recognise that affordable housing can also be provided without the involvement of Registered Social Landlords.

 

The adoption of the AHDS and associated Supplementary Planning Guidance was a matter for Full Council, as required by WAG.

 

RESOLVED -

 

(1)       T H A T the findings of the public consultation exercise on the Affordable Housing Delivery Statement including the amendment to the existing draft document contained in paragraph 7.2.3 be approved.

 

(2)       T H A T Council be recommended to formally adopt the AHDS as Supplementary Planning Guidance to the Adopted Vale of Glamorgan Unitary Development Plan (2005).

 

Reasons for decisions

 

(1)       To advise Cabinet of the findings of the public consultation and the Council’s formal response to comments received and further changes prior to the adoption of the AHDS.

 

(2)       To comply with the Welsh Assembly Government Guidance for the production of the AHDS, which requires AHDS to be formally adopted by Council.

 

 

C644              MATTERS WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

RESOLVED - T H A T the following matters, which the Chairman had decided were urgent for the reasons shown, be considered.

 

 

C645              IMPLEMENTING THE RECOMMENDATIONS OF THE PUBLIC INQUIRY REPORT INTO THE SEPTEMBER 2005 OUTBREAK OF E.COLI 0157 IN SOUTH WALES (URGENT BY REASON OF THE NEED TO IMPLEMENT THE RECOMMENDATIONS OF THE PUBLIC INQUIRY AND RELATED ACTION PLAN) (DLPPHS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Scrutiny Committee (Housing and Public Protection), on 30^th September 2009, was asked to endorse the Council’s proposed response to the recommendations of the above Public Inquiry. 

 

The National Assembly for Wales had set up a Public Inquiry to investigate the circumstances leading to the outbreak with the Inquiry being led by Professor Hugh Pennington and the findings of which were released on 19^th March 2009.  In November 2008 the WLGA wrote to all local authorities advising of the key issues likely to arise out of the said Public Inquiry and consequently made a number of recommendations which were detailed in the report.  These recommendations were endorsed formally by the Cabinet at its meeting on 1^st January 2009 and were in addition considered by this Scrutiny Committee at its meeting held on 24^th February 2009.

 

Since the Public Inquiry there had been significant progress across Wales in addressing a number of issues raised during the hearing.   Officers had been involved in developing and implementing key initiatives in partnership with the WLGA, WAG and Directors of Public Protection.  In addition the Food Standards Agency (FSA) would be leading on the majority of the recommendations and had established a Food Hygiene Delivery Programme Board at a UK level.  A number of priority areas had been identified details of which were set out in the report. 

 

It had also been agreed by the WLGA in consultation with Directors of Public Protection Wales and Local Authority Co-ordinators of Regulatory Services that local authorities in Wales would take the lead in respect of 3 of the 24 recommendations of the Public Inquiry.  These recommendations related to recommendation 7 (light touch enforcement), recommendation 18 (hygiene in school toilets) and recommendation 19 (all local authorities to review their procedures etc.).  The majority of the remaining recommendations impacted directly upon the work carried out by local authorities. 

 

Two recommendations had not been accepted in their literal sense by Wales Heads of Environmental Health Food Safety Technical Panel, which had representation from the WLGA.  If these were applied they were unlikely to be achieved or enforceable in practice.

 

The Corporate E.Coli Task and Finish Group chaired by the Director of Legal, Public Protection and Housing Services and comprising representation from Vale Catering, Education and Public Protection met in June to consider corporate implications of the Public Inquiry, lead a corporate response to the same and report to Members.  The response of the Group was set out in Appendix 1 to the report.

 

Discussion ensued regarding a number of questions raised by the Committee in respect of the available staffing resources to undertake the related action plan in respect of the Food Law Enforcement Plan.  In addition, concerns were also expressed with regard to the “light touch” approach and how this would impact on inspection of high risk food establishments within the Vale of Glamorgan.  Reference was also made to procurement issues and related service delivery matters and the Operational Manager for Public Protection indicated that liaising officers had been established in both divisions and good working arrangements were in place.

 

Scrutiny Committee had

 

RECOMMENDED -

 

(1)       T H A T the response to the recommendations of the Public Inquiry report into September 2005 outbreak of E.Coli in South Wales as set out in Appendix 1 to the report be endorsed and recommended to Cabinet for approval.

 

(2)       T H A T a progress report be provided to the Scrutiny Committee (Housing and Public Protection) in March 2010.

 

Having considered the recommendations of Scrutiny Committee, Cabinet

 

RESOLVED - T H A T the recommendations of the Scrutiny Committee be adopted.

 

 

C646              APPOINTMENT OF LEA GOVERNORS - ADVISORY PANEL (URGENT BY REASON OF THE NEED TO ENSURE COMPLIANCE WITH THE SIX MONTH RULE CONTAINED WITHIN THE POLICY FOR THE APPOINTMENT OF LEA GOVERNORS) -

 

The following minutes of a meeting held on 13^th October 2009 were submitted:

 

Present: Councillor A.D. Hampton (Chairman); Councillors J. Clifford, Mrs. V.L. Ellis, N.P. Hodges, Mrs. K.A. Kemp and M.R. Wilson together with Mrs. M. Gibbs (Vale Governors Association).

 

Also present: Councillors Ms. M. Alexander, G.A. Cox and N. Moore.

 

 

(a)       Declarations of interest -

 

Councillors J. Clifford , G.A. Cox, N.P. Hodges, Mrs. K.A. Kemp and M.R. Wilson, together with Mrs. M. Gibbs, withdrew from the meeting as they were precluded from presiding over vacancies where they themselves were governors.

 

 

 

(b)       Guidance Regarding Appointments Process -

 

RECOMMENDED -

 

(1)       T H A T the Guidance Note regarding the Appointments Process be noted.

 

(2)       T H A T it be noted that Members were precluded from taking part in the consideration of vacancies at schools where they themselves were a Governor or they knew the applicant.  Substitutes were permitted in those cases.

 

(3)       T H A T the following schedule for the next three LEA Governor Appointment Panel meetings be

 

Advert	Closing Date	Panel Meets	Cabinet Meets
Thurs 18 Mar 2010	Thurs 15 April 2010	Tues 27 Apr 2010 @ 4.30pm	Wed 05 May 2010
Thurs  09 Sep 2010	Thurs 30 Sep 2010	Tues 12 Oct 2010 @ 4.30pm	Wed 20 Oct 2010
Thurs 13 Jan 2011	Thurs 03 Feb 2011	Tues 15 Feb 2011 @ 4.30pm	Wed 23 Feb 2011

 

 

(c)        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 meting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act, the relevant paragraphs of the Schedule being referred to in brackets after each minute heading.

 

 

(d)       Applications for the Appointment of Current LEA Governors’ Vacancies -

 

The Panel, having considered the criteria for the appointment of LEA Governors and the applications received,

 

RECOMMENDED - T H A T the following appointments be made:

 

School	Appointment
Albert Primary	Mr. P.F.L. Andrews
	Cllr. Miss. S.J.C. Williams
Cadoxton Primary	Ms. J.A. Thomas-Hiscox
Cogan Primary	Dr. J.P. Williams
Colcot Primary	Cllr. Mrs. M.R. Wilkinson
Cowbridge Comprehensive	Cllr. G.A. Cox
Eagleswell Primary	Mr. D. Thomas
Llancarfan Primary	Mr. N.J. Crane
Llangan Primary	Cllr. R.P. Thomas
Llantwit Major School	Mrs. M. Gibbs
Peterston-Super-Ely C/W Primary	Cllr. R.L. Traherne
Rhws Primary	Mrs. J.P. Hopkins
St. Andrews C/W Primary	Mrs. S.J. Selleck
St. Cyres Comprehensive	Cllr. Mrs. V.A. Hartrey
St. Davids C/W Primary	Cllr. R.P. Thomas
St Illtyds Primary	Mr. M.J. Reid
Victoria Primary	Cllr. M.R. Wilson
Ysgol Gwaun y Nant	Mrs. S. Hodges
	Dr. J.P. Williams to be offered the appointment.  Should the appointment be declined, the filling of the vacancy to be considered at the next meeting of the Panel.
Ysgol Maes Dyfan	Cllr. R.J. Bertin

 

The Panel expressed a wish that future applicants be made aware that the governing meetings of Welsh Medium Schools are not all conducted in Welsh, and that where they are, translation facilities are provided.

 

 

RESOLVED - T H A T the recommendations be adopted.