CABINET
Minutes of a meeting held on 4th
November, 2009.
Present: Councillor G.C. Kemp
(Chairman); Councillor T.H. Jarvie (Vice-Chairman); Councillors
Mrs. J.E. Charles, P. Church, G.A. Cox, A.M. Ernest, A.D. Hampton,
H.J.W. James, R.L. Traherne and Mrs. D.M. Turner.
Also present: Councillors Ms. B.E.
Brooks, Mrs. A.J. Moore and C.J. Williams.
C647
MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 14th October, 2009 be approved as a correct
record.
C648
DECLARATIONS OF INTEREST -
The following Members declared interests as
shown below.
|
Councillor G.A. Cox
|
Agenda Item No. 14 - Events Programme 2009/10
in that his wife was a member of Cowbridge Food and Drink Festival
Committee.
|
|
Councillors A.D. Hampton, H.J.W. James
and R.L. Traherne
|
Agenda Item No. 16 - Council Tax Unoccupied
Dwellings - Each was the owner of an unoccupied dwelling.
|
The above Members vacated the room during
consideration of the items declared.
C649
JOINT CONSULTATIVE FORUM -
The following minutes of a meeting held on
24th September 2009 were submitted:
Present:Councillor Mrs.
J.E. Charles (Chairman); Councillors Mrs. M.E.J. Birch,
C.L. Osborne and Mrs. M. Randall.
Representatives of the Trade
Unions:Mr. G. Beaudette (NUT), Mr. P. Carter, Mr. P.
Duggan, Mr. N. Hart and Mr. P. Schoefield (Unison); Mr. P. Collins
(GMB); and Mr. A. Unsworth (GMB – MPO).
(a)
Apologies for absence -
These were received from Councillors A.D.
Hampton, Mrs. M. Kelly Owen and M.R. Wilson; Mr. T. Cox, Mr. G.
Lewis and Mr. N. Paterson (Trade Union Representatives).
(b)
Minutes -
The minutes of the meeting held on
30th April, 2009 were accepted as a correct
record.
Mr. Carter drew attention to the fact that
the majority of the policies referred to in the report had appeared
on the agenda for the last meeting of the Forum in April 2009, some
five months ago. In response to his question as to the length
of time taken to progress policies to fruition, the Head of Service
referred to the agreed consultation process suggesting that matters
would be expedited if that process were to be trimmed. At
this juncture Mr. Carter indicated that he did not wish the
consultation process to be curtailed in any way but was simply
drawing attention to the length of time taken in finalising
policies.
Within the note appended to the minutes,
attention was drawn to the following two matters arising from the
minutes, an update in respect of that relating to “Consultation
with staff prior to consultation with Trade Unions” being contained
within the report. Discussion ensued in respect of the minute
relating to “Early Retirement / Voluntary Redundancy” and Mr.
Carter requested that the outcome of the discussions held at the
Single Status Group be brought back to the JCF since the matter had
been previously raised at the Forum.
AGREED - T H A T the outcome of
discussions regarding the early retirement / voluntary redundancy
be brought back to the JCF.
(c) Feedback on
policy development -
AGREED - T H A T the details submitted
relating to the above, which included those policies recently
approved, those about to be submitted for approval, those
concerning which ongoing discussions were being held and those in
the process of being drafted, be noted.
(d)
Minutes of the Learning and Development Directorate Consultative
Group -
Ms. Alderman updated the Forum on the
matters raised.
AGREED - T H A T the minutes of the above
Consultative Group held on 7th May, 2009 be
noted.
(e)
Essential Car User: Restructuring implications for employees
-
Cabinet had, on 15th July, 2009
considered the above and resolved the following:
(1)
That protection be provided of essential car user status if
employment ceased in a job role specifically due to a re-structure
within the work force with the Council where the new post was the
same or within one grade above or below the former position and
where there was no other reason where essential car user status
would be withdrawn with effect from 28th February,
2007.
(2)
That it be agreed that the above protection would end at
31st July, 2009 or 12 months after the date of
re-organisation or job change whichever were later.
(3)
That the policy as set out in Resolution (7) of Cabinet Minute No.
C2920, February, 2007 be amended to reflect Resolution (1)
above.
(4)
That, where staff had already been subject to a reduction, the
Director of Finance, ICT and Property be authorised to make a back
payment of the net loss as determined by the aforesaid
Director.
Reference was made within the preamble to
the resolutions shown above to the “tacit agreement” of the Trades
Unions to the withdrawal of essential car user allowance. On
behalf of the Trade Unions, Mr. Carter and Mr. Moseley indicated
that the Unions had not agreed the proposals and did not agree with
the principle of withdrawing essential car user allowances.
Mr. Carter indicated that a number of grievances were ongoing as a
consequence.
Following discussion on the above and
related issues, the Chairman stated the concerns expressed by the
Trades Unions were noted.
(f) Swine
Flu Update -
The Head of Human Resources updated the
Forum on the current position regarding swine flu within the
Council, indicating that whilst the number of incidents had
decreased significantly from those reported earlier in the year,
the Council continued to take the matter very seriously and to
prepare for future scenarios. Issues relating to swine flu were
regularly debated by the Silver Group and by the Corporate
Management Team. Mr. Carter raised the issue of the difficulties in
differentiating between cases of swine flu and influenza,
suggesting that both should be recorded in the statistics as a Code
12; he referred to staff being encouraged to come to work under the
Management of Attendance Policy and being then put at risk of
dismissal should they fall sick, suggesting that consideration
should be given to removing both swine flu and influenza from the
equation.
Discussion ensued on the content and
implementation of the Policy - the contention put forward by the
Trades Union that managers were allowed to exercise no
discretion/common sense in the application of the Policy being
refuted by the Head of Human Resources. The Head of Human
Resources indicated that the Policy clearly needed to be operated
consistently and fairly across the Council based on the number of
days lost and trigger points. In relation to dismissal
decisions he indicated that the test of reasonableness would always
have to be satisfied.
The Head of Human Resources also indicated
that, in the event of a significant increase in the number of cases
of swine flu, common sense decisions might need to be taken in
relation to the strict application of a range of policies in order
to maximise resources.
(g)
Employment Act 2008 -
The Council’s Employment Lawyer updated
the Forum in respect of the above Act and outlined the changes to
the powers and responsibilities of the Advisory, Conciliation and
Arbitration Service (ACAS).
The Employment Act 2008 replaced the
Employment Act 2002 and its related provisions. Although the
2002 Act and related provisions had been expected to reduce the
number of Employment Tribunal claims, the number of claims had
continually increased. The Gibbons Review, the findings of
which were published in March 2007, had recommended a complete
change to the law.
Some of the key changes introduced by the
Employment Act 2008 were quoted as:
·
the removal in their entirety of the existing statutory dispute
resolution procedures
·
the introduction of a new ACAS Code of Practice which set out
best practice principles which employers and employees expected to
follow; in addition to the Code, ACAS had also revised its
guidance
·
the extension of the period during which ACAS could assist in
settlement where claims had been issued in the Employment
Tribunals. Further, the funding and scope of ACAS's
involvement in terms of settlement had been improved and a greater
onus had been placed on mediation and informal resolution
processes
·
the simplification and, to some degree, a return to the
previous rules regarding the issue and management of claims within
the Employment Tribunals' Rules of Procedure.
The key elements of the ACAS new code
included dealing with issues promptly, acting consistently with
other matters, conducting appropriate investigations, informing
employers of the basis of the problems and giving them the
opportunity to put their case in response, allowing employees to be
accompanied at any formal disciplinary or grievance meeting,
allowing the right of appeal and keeping a written record of any
disciplinary or grievance procedures, a greater promotion of
informal resolution, whilst acknowledgement that rules and
procedures had a role of promoting fairness and transparency.
In summary, the focus was therefore shifting onto a less formal and
more flexible and proportionate approach with procedural compliance
no longer being sacred but a far greater onus on employers’ own
procedures as opposed to the legal minimum.
In practice, the Council needed to ensure
it had procedures in place for dealing with grievances,
disciplinary matters including dismissals and other employees’
relation issues which were compatible with the ACAS Code. At
present, the Council's current procedures, did as a whole, comply
with the Code. The Council was currently reviewing its
procedures to consider if they could be simplified and / or changed
in any way to reflect further the ACAS Code. Mr. Beaudette
welcomed the updated Act referring to his belief that some of the
policies in place within the Vale were, in fact, better than the
ACAS Code. He suggested that those should be retained as Best
Practice in addition to the ACAS Code.
(h)
Proposed Policy in respect of time taken by staff to attend
Employment Tribunals -
Mr. Hart expressed disappointment at the
decision taken at the previous meeting not to change the current
practice in respect of reimbursement of time taken off work by an
employee attending an Employment Tribunal as a complainant against
the Council. Mr. Hart referred to the Council’s “duty of care” to
its employees and to the indignity and detriment suffered by
employees as a consequence, citing in addition the loss of
time/earnings as a deterrent.
The Chairman, whilst appreciating the
concerns referred to above, indicated that since this matter
(including costs) had been debated at the previous meeting, there
was no point in rehearsing the previous discussion.
(i) Date
of next meeting –
AGREED – THAT the meeting scheduled for
15th October be cancelled and a meeting convened at the
conclusion of the consultation period in respect of the process for
employees to apply for early retirement/voluntary redundancy
(anticipated November 2009).
-----------
RESOLVED - T H A T the minutes be noted.
Reason for decision
To take account of the views expressed.
C650
GLAMORGAN HERITAGE COAST ADVISORY GROUP -
The following minutes of a meeting held on
1st October, 2009 were submitted.
Present: Councillors
J. Clifford, R.F. Curtis, Mrs. V.M. Hartrey and
Mrs. A.J. Preston (Vale of Glamorgan Council); Councillor
Mrs. M. Wilkins (Bridgend County Borough Council), Miss. G.M.
Barter (Countryside Council for Wales), Mr. J. Golunski (Dunraven
Estates), Mrs. H. March, Mr. F. Coleman (Consultant to
the Vale of Glamorgan), Mr. C. Fray (Vale of Glamorgan Council) and
Mr. P. Dunn (Glamorgan Heritage Coast Centre).
(a)
Appointment of Chairman -
AGREED - T H AT Councillor Mrs. A.J.
Preston be appointed Chairman for the current municipal
year.
(b)
Appointment of Vice-Chairman -
AGREED - T H A T Councillor Mrs. V.M.
Hartrey be appointed Vice-Chairman for the current municipal
year.
(c) Apologies for
absence -
These were received from Councillors A.M.
Ernest, E. Hacker (Vale of Glamorgan Council), Mr. R. McLaggan
(Merthyr Mawr Estates), Mr. H. Lewis (Friends of the Glamorgan
Heritage Coast) and Mr. S. Moon (Bridgend County Borough
Council).
(d)
Minutes -
AGREED - T H AT the minutes of the meeting
held on 30th April, 2009 be accepted.
(e)
Update on Coastal Access -
Mr. Frank Coleman advised Members that he
had been appointed as a consultant by the Vale of Glamorgan Council
to assist in the Coastal Access Improvement Programme. He
would be considering a number of aspects and had been in
discussions with local land owners regarding the coastal access
path and negotiations were ongoing. He advised that in
principal it had been agreed with Dunraven Estates that a
permissive path be considered on a term of a minimum of 25
years.
In considering the Improvement Programme
issues had been discussed as follows:
·
erosion areas
·
liability and safety for users
·
trespass
·
litter
·
way marking
·
signage and
·
furniture.
Further discussions had also taken place
around issues of compensation and Mr. Coleman confirmed that within
the scheme money was available for compensation for land loss via
Welsh Assembly Government Grants. Issues had also been
identified in relation to liability and the use of certain
footpaths in inclement weather and as such further negotiations and
discussions would need to continue. Mr. Coleman considered it
was very much a co-operative process. Chris Fray from the
Vale of Glamorgan confirmed that under the Improvement Programme
the Vale of Glamorgan had been fortunate to achieve one of the
highest levels of the grant funding and that Mr. Coleman had been
chosen to lead the negotiations in relation to his experience of
working on such matters and his role on the Local Access
Forum. He was hopeful that agreement could be reached which
satisfied all concerned i.e. the Vale of Glamorgan, Countryside
Council for Wales and the Welsh Assembly Government.
In considering the report the
Group
AGREED - T H A T Mr. Coleman be thanked
for his verbal report and that a further progress update be
presented to the Group at its next meeting in May 2010.
(f)
Achievements and Issues at the Glamorgan Heritage Coast
Centre -
The Principal Ranger, Paul Dunn provided
the Group with a Power Point Slide Presentation which detailed the
work of the Coast Team over the previous five months. Mr.
Dunn advised that the forthcoming months would be where the team
would complete most of their practical work on the coast e.g.
maintenance issues. He advised that the coast had had a good
season and that one of the major concerns had been parking issues
which was a constant issue for the Centre. People camping
over the coast had also proved problematic in particular in Cwm
Mawr and it had been agreed that signs would be purchased and
erected before the summer of 2010. The camping issue had been
a massive problem for the team as in some areas visitors had
actually removed fencing and used the wood for barbeques.
Although the weather had been not particularly good during the year
which had meant less visitors to the coast it had however led to
phenomenal growth throughout, in particular on the footpaths.
As a result, considerable time was needed to clear and maintain in
order to provide adequate surfaces for visitors. The
volunteers who helped at the Centre were seen as invaluable and
without their help this year the maintenance issues would have been
greater. Members were further advised that a number of
information boards had also been replaced, 72 schools had visited
within the last five months and that a partnership group was being
set up to link businesses with the Heritage Coast in order to try
and maximise visitor use of the area. The first meeting was
due to take place within the next two to three weeks. Mr.
Dunn took the opportunity to fully commend the work of all his
staff who were dedicated to the Centre and to the volunteer groups
who provided excellent assistance to the team. He also
advised of a Columbian student who had visited the Centre for two
months and had worked alongside the team in maintaining
improvements to the coast. His last vote of thanks was to the
Friends of the Glamorgan Heritage Coast who supported the Centre
immensely. The Vale had also received some DDA money to
improve some facilities for disabled access and they would also be
applying for a grant to assist with the renovation of the garden
wall which was listed as an historic wall and would require CADW
approval.
In considering the report, Members raised
the concern of the sharp bend on the Dunraven Road and requested
further bollards be placed there to try and alleviate the
impression of the sheer drop. Mr. Dunn agreed to refer the
matter to the Highways Department for consideration.
AGREED - T H A T Mr. Dunn be thanked for
his full and thorough presentation and that thanks also be extended
to the staff, local land owners and the Friends of the Heritage
Coast.
(g)
Matters Raised by Bridgend County Borough Council -
Councillor Wilkins informed the Group that
her declaration of interest in respect of Ogmore Centre land
remained. The minutes of the previous meeting had referred to
a report on the regeneration of Porthcawl and that the Group would,
in the future, be consulted on the document.
AGREED - T H A T the Clerk write to
Bridgend County Borough Council requesting the availability of the
report.
(h)
Matters Raised by Countryside Council for Wales -
The officer congratulated Mr. Dunn and his
team on all the work that had been undertaken in the previous five
months but particularly in respect of the work undertaken with
regard to local habitats and the increase in activity there.
The ongoing work in relation to SSIs was continuing with the move
to providing the information via electronic means with partner
organisations. At this point, Chris Fray from the Vale of
Glamorgan referred to the Vale biodiversity matters newsletter and
presented a copy to all Members of the Group. He advised that
the Council was updating its Biodiversity Action Plan. The
newsletter was produced on behalf of the Vale of Glamorgan
Biodiversity Partnership as a means of keeping everyone informed on
the latest biodiversity news across the Vale.
The Vale's Local Biodiversity Action Plan
was currently under review with changes being made to the structure
and presentation to make it more accessible to a wider
audience. To this end, a booklet was being produced in
partnership and would reflect the new format of the Vale's LBAP and
focus on habitat types and all associated species.
AGREED - T H A T the new initiatives be
welcomed.
(i) Matters
Raised by the Friends of Glamorgan Heritage Coast -
Mrs. H. March advised Committee that in
the last five months the Friends had provided lectures to a number
of people and had endeavoured to raise further funds for the
Centre. With regard to the access road at Cwm Colhuw
Mrs. March requested information in respect of the current
position in relation to this matter as the Friends had previously
been advised that Safe Routes to Schools money would be used for
access.
Mr. Fray advised that he was aware that
there were discussions ongoing and was requested to write to
Llantwit Major Town Council advising them of the current
situation.
During consideration of the matter Members
of the Group considered that the Notice Boards around the centre
referring to the previous history of Dunraven Estates would be
useful in leaflet form and Mrs. March agreed to refer the matter to
the Friends of the Heritage Coast for consideration. Mr. Dunn
also advised that one of the local landowners, Peter Davies had
been put forward for a national award by the Cowbridge Farming
Union entitled 'Local Food Hero'.
AGREED - T H A T all present be thanked
for their reports.
-----------
Councillor A.M. Ernest, as Cabinet Member for
Tourism and Leisure, drew attention to the following matters
contained within the minutes of the meeting:
·
that this Council had achieved one of the highest levels of grant
funding in respect of Coastal Access
·
that members of the Group raised concerns in relation to the sharp
bend on Dunraven Road and requested that further bollards be placed
there to alleviate the impression of the sheer drop
·
that the Council was updating its Biodiversity Action Plan which
was a matter of particular importance to residents and visitors of
the Vale given the wide variety of species to be found within its
borders.
RESOLVED - T H A T the minutes be noted.
Reason for decision
To have regard to the views expressed.
C651
VALE OF GLAMORGAN RESPONSE TO DRAFT FLOOD AND WATER MANAGEMENT BILL
(REF) -
The Scrutiny Committee (Economy and
Environment) had, on 29th September 2009, considered the
above. The Committee had approved the Council’s response to
the consultation process as appended to the report. The
Committee, however, commented that it had serious concerns on
taking on matters which constituted years of neglect on local water
courses. The Committee accepted that the Bill would clearly
define responsibility for flood and water management but, without
sufficient resources, to take on that responsibility would
represent a considerable additional cost to the Council which could
be ill afforded in the current climate. The Committee
subsequently recommended that Cabinet be advised of its concerns
and that the Leader of the Council write to WAG, Central
Government, Vale of Glamorgan MPs and AMs and to the WLGA
highlighting the cost implications of such a Bill which would have
to be borne by Local Authorities.
This was a matter for Executive decision.
Following further discussion on the above
matter, it was
RESOLVED - T H A T the Leader of the Council
write to WAG, VOG MPs and AMs and any other appropriate bodies and
notify them of the concerns of the Scrutiny Committee and Cabinet
at the high cost to be borne by Local Authorities.
Reason for decision
To forward the Council’s concerns regarding
insufficient funds to meet the requirements of the Bill.
C652
BARRY DOCKS LINK ROAD (REF) -
The Scrutiny Committee (Economy and
Environment) had, on 29th September, 2009
considered a request for consideration in respect of increased
safety on the Docks Link Road in light of the most recent
fatalities. Officers had been asked to look urgently into
ways of improving road safety on that stretch of road in light of
the recent tragic deaths. Those Members submitting the
request for consideration had also asked that all avenues of
funding for what they considered to be vital work be sought bearing
in mind the very high number of fatalities on a very small stretch
of road.
In December 2003, a temporary “Prohibition of
U Turn Order” was made permanent for northbound traffic joining the
Link Road at the Coldbrook Road East junction. In June 2005 the
Council had commissioned an independent Junction and Accident
Investigation report. That report had made various recommendations,
short and medium term proposals including improved signage, road
markings and surfacing and the introduction of an amended lane
merge facility. All those proposals had been implemented during the
period 2005-07 at a cost of £108,088 with funding from Local Road
Safety Grant. Long term proposals included the introduction of
traffic signal controls or a roundabout. In September 2005 a
speed restriction of 50mph had been introduced. Following a
fatality in May 2006, a high mast video surveillance operated at
the above junction revealed 124 drivers contravening the
Prohibition of U Turn Order between 7th and
28th July 2008. Committee had been informed that further
capital bids for internal funds to progress feasibility studies,
detailed design and the construction of major works to improve road
safety had been unsuccessful.
A further bid for additional funding to
undertake minor works to assist Police enforcement of the existing
speed restrictions and prohibited manoeuvres would be made as part
of the 2010/11 bidding round. That bid would include the
provision of high resolution cameras for number plate recognition
and construction of a Police observation point adjacent to the
A4231 which would allow the siting of a mobile camera unit.
Members were informed that funding could be available through the
Safe Routes for Communities Fund if school children had to cross
the road on occasions when the subway flooded, preventing access to
the nearby school. The Committee agreed that the suggestions
from the Police should also be considered for adoption by the
Council, being aware that the provision of a roundabout would be a
future initiative due to the current financial climate.
Members were also advised that although speeding was not a major
concern on the road at present, a more visible Police presence
would encourage motorists to reduce speed and stop making the
illegal manoeuvres referred to above. The Scrutiny Committee
considered that all avenues should be pursued as a result of the
fatalities that had taken place and that Cabinet be
·
urged to budget for the provision of high resolution camera
enforcement and the construction of a Police observation point
adjacent to the A4231 on the Barry Docks Link Road within the
Council’s current budget; and
·
that Cabinet be requested to consider that the establishment of a
roundabout on the road be put forward as a long term solution.
The Cabinet Member (who had been present at
the Scrutiny Committee when the above matters were discussed)
confirmed that issues relating to speeding had been discussed at
the meeting. The proposal had been put forward that there be
a speed reduction from 50mph to 40mph from the Lidl’s roundabout to
the MacDonald’s roundabout. The Cabinet Member referred to
the Safety Camera Partnership having listed a traffic speed survey
in that area as a matter for future action. The Cabinet
Member undertook to ask officers to press for this survey to be
given priority. Following the survey, if speed was felt to be
a problem, the provision of speed cameras could be
considered. It had been noted, however, that the cost of
provision would be a matter for the Safety Camera
Partnership. Further discussion ensued on the above
matters, it being recognised fully that efforts were being
expedited to assess and alleviate the current situation.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the expenditure of up to £30k. in the current financial year be
approved for the provision of high resolution camera enforcement
and the construction of a Police observation point adjacent to the
A4231 on the Barry Docks Link Road, to be funded from the Visible
Services reserves.
(2) T H A
T the effect of the above measures be monitored and, if necessary,
up to £20k. be made available from Visible Services reserves for a
study into what other measures would be appropriate.
(3) T H A
T a letter be sent to AMs and Vale of Glamorgan MPs seeking their
help in obtaining funding from external sources for any additional
measures identified.
Reasons for decisions
(1) To
fund the provision of high resolution camera enforcement and the
construction of a Police observation point.
(2) To act
as a contingency fund.
(3) To
seek assistance in attracting external funding.
C653
REVISION OF THE VALE OF GLAMORGAN COUNCIL’S MUNICIPAL WASTE
MANAGEMENT STRATEGY AUGUST 2004 (REF) -
The Scrutiny Committee (Economy and
Environment) had, on 29th September 2009, considered
revisions proposed to be made to the above in order to bring it up
to date with current WAG policies and the proposed Waste Strategy
for Wales “Towards Zero Waste” One Wales: One Planet.
Committee had been informed that the national policy for residual
waste treatment from 2010 to 2050 would be energy from waste
although no particular technology type had been prescribed.
Mechanical Biological Treatment (MBT) could, therefore, no longer
be the single treatment option if the Council were to meet its WAG
targets post 2010 and the first annual review of the Regional Waste
Plan had revised its preferred strategy from MBT to a range of
options including various types of treatment technologies.
The Council’s Municipal Waste Management Strategy had therefore to
be amended accordingly. The Committee had been further
informed that it was also proposed to revise the preferred residual
waste treatment option in that all residual waste would be sent to
an appropriate residual treatment facility compliant with the
Council’s legal requirement to meet its statutory duties in
diverting biodegradable municipal waste from land fill while
meeting all national waste policies. In relation to the
composting of municipal waste, it was noted that the development of
a universal anaerobic digestion system would be established.
The Committee had endorsed the revisions of the Council’s Municipal
Waste Management Strategy with the inclusion of the addition in
relation to composting and referred the same to Cabinet for
consideration. The Committee’s request for a report on
Prosiect Gwyrdd by the end of December 2009 was accepted.
This was a matter for Executive decision.
RESOLVED - T H A T the revised strategy be
amended to include a paragraph in relation to the composting of
municipal waste and / or in-vessel composting.
Reason for decision
To reflect current trends.
C654
HOUSING PROVISION FOR PROLIFIC AND PRIORITY OFFENDERS (REF)
-
The Scrutiny Committee (Housing and Public
Protection) had, on 30th September 2009, considered
the report appended to the reference which provided information on
the process of temporary and permanent housing for Prolific and
Priority Offenders (PPOs). The Committee had been informed
that, under current arrangements, the Council was likely to offer
temporary bed and breakfast accommodation within the Vale of
Glamorgan (or Newport in the event that there was no available
accommodation within the county). Once granted accommodation,
the offender would be required to make a formal homeless
application which would enable the Council to assess need. In
the event of an offender being placed in any accommodation by the
Council, that offender would be eligible to have support through
the Supporting People Team. It was noted that there was low
level housing related support with a local provider, often Tai
Trothwy, who were specialist in dealing with ex-offenders and who
could support offenders for a period of up to 2 years.
Currently there was one PPO in bed and breakfast accommodation
within the Vale of Glamorgan and two in supported housing with Tai
Trothwy. The Committee had asked Cabinet to undertake a
review of housing provision for PPOs in order to improve the
provision of suitable supported accommodation - with a final report
on the outcome of that review being submitted to both Cabinet and
the Scrutiny Committee in January 2010.
This was a matter for Executive decision.
RESOLVED - T H A T, as requested by the
Scrutiny Committee, a review of housing provision for PPOs be
undertaken in order to improve the provision of suitable supported
accommodation and that a report on the findings thereof be
submitted to Cabinet and the Scrutiny Committee in January
2010.
Reason for decision
To identify any feasible measures to address
the housing needs of PPOs.
C655
EXTERNAL FUNDING APPLICATION (CX) (SCRUTINY - ECONOMY AND
ENVIRONMENT) -
Retrospective approval was sought for the
submission of an application to the Department of Transport towards
the replacement of the Barry Island Station Footbridge and the
upgrading of the associated pedestrian / cycle route. The
Permeability Plan, emanating from a report funded in 2004 which had
examined amongst other things the strategic pedestrian cycle routes
to link the Waterfront, the town centre and Barry Island, had
confirmed the importance of the footbridge at Barry Island Station
as part of the wider pedestrian network. In 2007 a Principal
Inspection concluded that the structure of the bridge had
effectively reached the end of its economic life. The Council
had an allocation of £350k. in its 2009/10 Capital Programme to
replace the structure and upgrade the associated pedestrian
route. Whilst that scheme generally complied with the
requirements of the Disability and Discrimination Acts of 1995 and
2005 and the Code of Practice (Accessible Train and Station Design
for Disabled People), there were some compliance issues which could
be rectified with additional funding of £250k. which would ensure
that the route retained its strategic importance. Details
were enclosed within the report of the proposed scheme which would
also include creating a footpath / cycle access across the entirety
of the track from Plymouth Road to the footbridge. It was
noted that the closing date for applications had been
25th September 2009.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the submission of an application under the Department of
Transport Access for All Funding Scheme 2010/11 be retrospectively
approved.
(2) T H A
T, should the application be successful, the acceptance of the
grant and the amendment of the Capital Programme to reflect the
approved amount for 2010/11 be approved.
Reasons for decisions
(1) To
maximise external resources available to the Council.
(2) To
enable the Council to enhance the pedestrian / cycle network and
support the regeneration of Barry.
C656
UNREASONABLE COMPLAINANT BEHAVIOUR POLICY AND PROCESS (CX)
(SCRUTINY - CORPORATE RESOURCES) -
Whilst overall the Corporate Complaint Policy
and Process (approved in June 2008) was operating well, some
complainants did not accept the outcome of their complaint and
continued to pursue the same after the 3 Stage Complaint Process
had been exhausted and, in some cases, after the Public Services
Ombudsman had decided not to investigate the complaint. It
was considered that the Unreasonable Complainant Behaviour Policy
and Process (a copy of which was appended to the report) would
enable staff to deal with complainants in a fair and equitable way
although Members determined that the decision to invoke the Policy
should be made by the relevant Director rather than the Head of
Service and / or Operational Head of Service as contained within
the draft Policy (“the Authorising Officer”). In addition
Members determined that the Chief Executive would be notified of
the decision to invoke the Policy, with copies of all decisions
made by the Authorising Officer being sent to the Monitoring
Officer where a central register of such decisions would be
maintained.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Unreasonable Complainant Behaviour Policy and Process, as
appended to the report and amended above, be approved
(2) T H A
T a report be submitted to Cabinet in twelve months time on the
operation of the Policy.
Reasons for decisions
(1) To
ensure that the Council has a framework in which officers can work
when dealing with complainants who, for a variety of reasons, are
unreasonable.
(2) To
monitor the position.
C657
TRANSPORT GRANT AND SAFE ROUTES IN COMMUNITIES GRANT BID 2010/11
(DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
It was noted that, in September 2009, WAG had
invited local authorities to bid for Transport Grant (TG) support
for 2010/11 under the Spending Programme Areas of:
·
Local Roads (already receiving support)
·
Safe Routes in Communities.
It was noted that the current Merrie Harrier
Bus Lane scheme did not meet the criteria for TG and had been
submitted for funding through the Regional Transport Plan
process. The only schemes, therefore, that would be part of
the bid to WAG for 2010/11 were those relating to Safe Routes in
Communities. It was further noted that the emphasis of Safe
Routes in Communities had changed to focus more on the community
and less on schools. However, as a number of schools had
already submitted Travel Plans to enhance their chances of those
bids receiving funding, officers would submit those bids but would
structure the focus on the community as a whole. Requests for
funding had been received from 10 different schools and
communities, 3 of which had been previously submitted and would be
resubmitted following rejection in previous years due to a lack of
available funding. Those included:
·
Barry Comprehensive School (Toucan crossing on Colcot Road near
Winston Road and a cycle route through the current sports centre to
link up with the hospital)
·
Llantwit Major Compendium (although a significantly costed element
of this scheme had been funded this year, it was intended to
resubmit the bid for the remaining elements)
·
Dinas Powys Compendium (unsuccessful in the previous year; an
additional element would be added this year for a 20mph zone on
Murch Road which, given the high number of accidents on Sully Road,
would make the scheme desirable)
·
St. Athan - a range of safety and sustainability measures were
proposed which would benefit the existing community and would also
enhance the proposed Defence Technical College
·
Fairfield Primary School - aspirations to provide cycle routes,
meet and greet shelters, cycle shelters and stands and road safety
infrastructure to the benefit of the community
·
Penarth cycle storage - to include cycle storage in strategic
places throughout Penarth
·
Gwenfo Primary School - the school had aspirations for traffic
calming measures and road safety infrastructure throughout
Wenvoe
·
St. Helen’s Primary School - the provision of a cycle shelter, a
meet and greet shelter and further road narrowing to enhance works
recently carried out
·
Llancarfan School - the provision of cycle storage and road
markings to encourage the use of sustainable means of transport
(specifically cyclists).
In order to enhance their understanding,
Members requested that they be informed in writing of the various
types of pedestrian crossings. In respect of the scheme
submitted by Llangan Primary which included an element of footpath
through the park at Fferm Goch, it was intended to consider an
application for Creative Rural Communities Grant to take the scheme
forward subject to match funding being sought to meet the criteria
of the grant. Expressions of interest for a range of schemes
within Rhoose had also been received. It was noted that
whilst some of the work could be taken forward through alternative
schemes such as the aforementioned Creative Rural Communities
Grant, more evidence was required to enable a bid to be made under
the Safe Routes in Communities. It was considered, therefore,
that there was potential for the school / or a Travel Plan Champion
to put together a Travel Plan ready for next year’s bids.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the principle of the contents of the 2010/11 Transport Grant and
Safe Routes in Communities bids as outlined in the report be
approved.
(2) T H A
T the Director of Environmental and Economic Regeneration, in
consultation with the Cabinet Member for Planning and
Transportation, be granted delegated powers to agree the final
details.
(3) T H A
T the urgent decision procedure be implemented in order to allow
the submission of the bid by the due deadline of 10th
November, 2009.
(4) T H A
T a further report be submitted to Cabinet in Spring 2010 outlining
the results of the 2010/11 Transport Grant and Safe Routes in
Communities bids process.
Reasons for decisions
(1) To
approve the proposed content of the 2010/11 bids.
(2) To
enable the bids to be finalised.
(3) To
enable the bids to be forwarded to the Welsh Assembly Government by
10th November 2009.
(4) To
inform Cabinet of the award.
C658
DRAFT SUPPLEMENTARY PLANNING GUIDANCE ON BIODIVERSITY AND
DEVELOPMENT (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
The purpose of producing Supplementary
Planning Guidance (SPG) on biodiversity and development was to
clarify the Council’s approach to conservation and
enhancement. Experience had shown, through the use of
existing SPG, that where established policies were in place
applicants were more inclined to consider issues as an integral
part of the planning process and comply with specific
guidance. A copy of the draft SPG together with a list of
consultees thereon was appended to the report. The draft SPG
met the requirements of the Technical Advice Note 5, which
encouraged local planning authorities to adopt SPG consistent with
policies in Planning Policy Wales (2002) and provide more detailed,
locally relevant guidance. It was considered that the SPG
would help to ensure a best practice approach, a streamlined
application process and links to the Vale’s Local Biodiversity
Action Plan. The role of biodiversity within sustainable
development was also recognised.
This was a matter for Executive decision.
RESOLVED, subject to consultation with the
Planning Committee -
(1) T H A
T the draft Biodiversity and Development SPG be approved for public
consultation purposes, and that the consultation list be augmented
by the addition of the National Environmental Research Council, the
Glamorgan Heritage Coast Advisory Group, the Civic Trust for Wales
and the RWEN Power Station at East Aberthaw.
(2) T H A
T the report be referred to the Scrutiny Committee (Economy and
Environment) for consideration.
(3) T H A
T a further report on the findings of the public consultation
exercise be submitted to Cabinet within the next four months prior
to the formal adoption of the SPG.
Reasons for decisions
(1) To
carry out public consultation to provide additional weight as a
material consideration in determining planning applications and
appeals.
(2) For
consideration.
(3) To
inform Cabinet of the consultation responses and to seek approval
of any further changes prior to the adoption of the SPG.
C659
UPDATED EVENTS PROGRAMME 2009/10 (DEER) (SCRUTINY - CORPORATE
RESOURCES) -
In addition to updating Cabinet on those
events which had already taken place during 2009/10 together with
the sources of funding thereof, details were presented of the
remaining events and sources of funding for the remainder of the
year. It was noted hat currently, the Events Budget stood at
approximately £382k. and that additional funding by way of, for
example, grants and sponsorships were sought to supplement the
same. It was noted that in January 2009, the Council had
required a developer at the Valegate Retail Park, Culverhouse Cross
to enter into a Section 106 Legal Agreement requiring that
developer to pay the sum of £200k. to the Council to promote events
or carry out enhancements or regeneration works in Barry Town
Centre to promote the vitality and viability of the existing town
centre. It was proposed that the aforementioned £200k. be
expended as follows:
·
public realm (including public
art)
£100k.
·
commercial
buildings
£ 20k.
·
activities and
events
£ 80k.
(including a five year provision for
activities and events in the Town
Centre at £15k. p.a.)
The Cabinet Member notified Members that the
Tall Ships Trust was to return to the Waterfront Festival in
September 2010 after a successful weekend in 2009 and that the
Zapcat UK Racing Championships would be returning to Barry Island
in August 2010.
Attention then focused on the fact that the
Events Officer would be taking maternity leave early in 2010 and
the suggestion that maternity cover for the period of that leave be
provided and funded through the Events Budget. The estimated
costs were £15k.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the events and associated costs for the financial year 2009/10
and 2010/11, including the use of the Events Budget to provide
maternity cover for the Events Officer, be endorsed.
(2) T H A
T the remaining events programme be approved.
(3) T H A
T the Director of Economic and Environmental Regeneration, in
consultation with the Cabinet Member for Tourism and Leisure and
the Leader, be authorised to approve additional expenditure of up
to £10k.
Reasons for decisions
(1&2) To inform Cabinet of the
remaining proposed events programme and sources of funding.
(3) To
authorise the use of additional expenditure if required.
C660
PRECEPT PAYMENT DATES 2010/11 (DFICTP) (SCRUTINY - CORPORATE
RESOURCES) -
Having considered the proposal that
arrangements for Precepting Authorities be the same as in the
current year, which was a matter for Executive decision, it was
RESOLVED -
(1) T H A
T the payment due to the South Wales Police Authority be paid in 12
equal instalments on the last working day of each month.
(2) T H A
T the payment due to town and community councils be paid in 3 equal
instalments on the last working days of April, August and December
2010.
Reason for decisions
(1&2) The dates are determined to
optimise the Council’s cash flow in line with the
regulations. The Council is required to determine its precept
payment dates each year and inform the authorities concerned in
line with the regulations.
C661
COUNCIL TAX UNOCCUPIED DWELLINGS (DFICTP) (SCRUTINY - CORPORATE
RESOURCES) -
Under the regulations, local authorities had
discretion to consider discounts allowable of between 10-50% in
respect of
·
Class A dwellings (dwellings with a restriction on occupancy by law
which prohibited their use for a period of at least 28 consecutive
days in any 12 month period)
·
Class B dwellings (dwellings where there was no such restriction on
occupancy)
and discounts allowable up to a maximum of up
to 50% in respect of
·
Class C dwellings (dwellings which had been unoccupied and were
substantially unfurnished for more than 6 months).
The Council’s current policy was to allow 50%
discount on unoccupied dwellings (Classes A, B and C).
This was a matter for Executive decision.
RESOLVED - T H A T 50% discount be allowed in
2010/11 in respect of Class A, B and C dwellings.
Reason for decision
The Council is required to determine its
policy and discount on unoccupied dwellings each
year.
C662
CASHIERS SERVICE (DFICTP) (SCRUTINY - CORPORATE RESOURCES)
-
By way of background, it was explained that
the Council offered a face-to-face cashier service in Barry and at
area offices in Penarth, Cowbridge and Llantwit Major. All
the cash offices were open 5 days a week and comprised an
establishment of 6 staff. Details of the turnover and
budgeted cost of running the cash offices was set out in the report
together with details as to usage of each office over the last 10
years which indicated an average reduction of 13.99%. It was
clear, therefore, that the trend was moving away from the
traditional use of face-to-face payment although it was recognised
that a similar service would need to be offered for some
time. The Cashiers Service was an area where there was clear
potential for significant efficiency savings whilst still
maintaining services to the public, especially as a result of the
development of alternative payment methods. Although new
payment options had been developed, there had been no corresponding
review of the cashiering service. The location of the area
offices was entirely historical and took no account to the changes
of the settlement patterns in the Vale such as Dinas Powys and
Rhoose, both of which now had a greater population than
Cowbridge.
Further details were presented of the
alternative payment methods now available. The Council had a
long standing relationship with the Post Office for the collection
of Council tax, non-domestic rates, housing rents and other
bills. Council staff could also use the Post Office for
paying money in. The Post Office type service was available
from other providers which allowed payment to be made in ordinary
shops - PayZone and PayPoint. Details of alternative service
points were shown in respect of Cowbridge, Llantwit Major and
Penarth at Appendix A to the report. It was noted that
Appendix 3 in relation to Penarth required amendment to reflect
current circumstances and to correct typographical errors.
The costs per transaction at the Post Office / PayZone / PayPoint
were significantly lower than at the area offices. There was
also a beneficial knock on effect to the local area as a
consequence of the benefit of additional footfall in addition to
assisting the future survival chances of Post Offices
themselves. Increasingly too, more people preferred to use
direct debit and the Council would continue to promote direct debit
as the most efficient payment method and would introduce direct
debit to other services such as housing. It was noted that
there had been a marked increase in the use of internet and
automated phone line payments. For the first half of the year
to September it was noted that there had been a 40% increase in the
number of transactions on the Internet and a 60% increase in
automated telephone transactions. In addition to cashiering
services, area offices provided various products e.g. garden
recycling sacks and trade waste bags - details of turnover were
contained within the report. It was noted that Cowbridge
Library had been piloting the sale of commercial waste and
recycling bags and it was considered that the facility could be
extended to other libraries. Other services such as waste
permits, information services etc. (which had been provided through
cash offices) were now provided by telephone and the web.
Tourist information leaflets were available in cash offices, in
town council offices and could be provided by the local
libraries. It was considered that libraries were already
information providers and there was potential for that facility to
be developed since all libraries had free broadband internet
connection and would continue to provide a personal face for
enquiries with the Council.
The Heads of Service for Visible Services and
Leisure and Tourism had indicated that they would not be in a
position to provide funds to maintain the area offices in the
present format. It was proposed that the Council, therefore,
close the area cash offices and reduce staffing at the Civic
Offices. The back office cash function would also transfer to
the income management section and the current establishment of 6
staff would reduce to 2 staff at a proposed grade of scale 3.
That would maintain the cash office at the Civic Offices and
provide additional resources to undertake back office functions -
such as increased BACS payments, direct debits and processing
postal receipts. The proposed cost reductions at the Civic
Offices would reduce the cost from £1.03 to 74p per transaction
(based on current transaction levels). It was accepted that
if the proposal to close the cash offices was approved there would
need to be an orderly programme of closure to fall in line with the
provision of alternative service points. There would also be
a need to provide advice on the alternative service channels to
existing users. There were proposals to roll out the
provision of recycling and information services to libraries,
following the successful pilot in Cowbridge. It was clear
that Llantwit Major and Penarth would need to be included early in
that programme. It was considered that the roll out to other
libraries across the Vale would provide a more local service than
currently existed.
Anticipated annual revenue savings of £140k.
per annum would be achieved if the area cash offices were closed
and the changes proposed above made to the Civic Offices cash
function. If customers using area offices would transfer to
the Post Office / PayZone / PayPoint method or other methods e.g.
direct debit, savings in excess of £117k. per annum were
anticipated. Furthermore, the cash office at Llantwit Major,
being located in a former Council house, could be sold off and the
closure of the cash office at Cowbridge would free up space which
could allow the future of the Eastgate site to be considered.
As regards staffing implications, the 5 staff concerned (1 post
being vacant) would be “at risk” and subject to the Council’s
Avoiding Redundancy procedure. In line with the proposals
outlined above, two new Income Assistant posts would be established
at a proposed grade of scale 3. Those posts would be ring
fenced with at risk staff being able to apply for those new posts
and seek other posts under redeployment. Attention was drawn
to the fact that, dependant upon the outcome of the Avoiding
Redundancy procedure, there might be redundancy and pension
costs. All staff and trade unions had been consulted on the
proposals contained in the report and, were those proposals to be
approved, then consultation would continue.
The Leader notified Members that a petition to
save the offices in Cowbridge and Llantwit Major of just under
1,400 signatories had been received from Jane Hutt A.M. (supported
by Councillor G. John); in addition, a letter had been
received from Llantwit Major Town Council opposing the closure.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the closure of area cash offices, changes to the cashier’s office
in the Civic Offices and related staffing implications, as
contained within the report, be approved.
(2) T H A
T discussions take place with each of the three Town Councils
regarding the alternative provision of services currently provided
in the cash offices.
Reasons for decisions
(1) To
realise implementation of the review.
(2) To
investigate the feasibility of alternative service provision.
C663
TRANSPORT ARRANGEMENTS FOR LEARNERS AGED 16‑19 (DLD) (SCRUTINY -
LIFELONG LEARNING) -
Given the cost pressures facing the Council in
future years, it was imperative to review discretionary
services. One such discretionary service was the provision of
transport for post 16 students attending school sixth forms and
Further Education establishments. It was reported that a
third of local authorities in Wales have removed the entitlement to
free post 16 transport and, in the majority of cases, had continued
to provide some assistance in the form of a travel grant or
concessionary fare scheme. Many students were eligible for
Education Maintenance Allowance whereby, depending upon household
income, students could obtain £10, £20 or £30 weekly which could be
used to cover day to day costs. The Council currently
provided free transport for 1,310 post 16 students. Some
options in relation to post 16 transport arrangements and
associated issues were outlined in Appendix 2 to the report.
Those options included:
·
remove entirely the provision of free transport
·
remove free transport as an entitlement by reducing the number of
contract vehicles required and the removal of free passes for those
travelling on service provision but offer financial support in
respect of a travel grant of £150 towards student’s travel costs,
the criteria for which required a student to reside 3 or more miles
from the nearest catchment area or appropriate school or
college
·
remove free transport as an entitlement but maintain a transport
network of contracted vehicles where applicable for pupils /
students to access schools at a cost of £180 per annum; in
respect of students attending Further Education establishments,
parents would contribute £180 towards the cost of a bus pass
to travel; criteria for eligibility would be that a student
must reside 3 or more miles from the nearest catchment area or
appropriate school or college.
If an Authority wished to change its transport
policy, adequate consultation had to be undertaken with schools and
with parents likely to be affected by any proposal to withdraw or
reduce provision before reaching a decision. WAG had
advised that changes to policy should be introduced at the start of
an academic year and that any changes should not apply to students
who had already commenced their post 16 education since that
decision to continue education would have been made in part on the
fact that free transport was available at the time.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the commencement of consultation from September 2010 on the
option of replacing free transport for students over compulsory
school age with either a travel grant system or the introduction of
a charging policy be approved.
(2) T H A
T the consultation paperwork be finalised by the Director of
Learning and Development in consultation with the Cabinet Members
for Education and Lifelong Learning and Planning and
Transportation.
(3) T H A
T a report on the outcome of the consultation exercise be presented
to Cabinet in January 2010.
Reasons for decisions
(1) There
is a legal requirement to consult affected parties regarding
changes to the policy and specifically in relation to post 16
transport arrangements.
(2) To
finalise the paperwork.
(3) To
make Cabinet aware of the results of the consultation prior to
considering any amendments to the policy.
C664
SCHOOL E-LEARNING PLATFORM (DLD) (SCRUTINY - LIFELONG LEARNING)
-
Following a fundamental review of ICT learning
within schools, an ICT Learning Strategy had been developed in
conjunction with schools and the central ICT service. In
order to implement the strategy fully, and to make a major impact
on the learning environment as well as providing a vehicle for
using resources more efficiently, it had been concluded that an
e-learning platform should be developed. I Learn was an
internet site and had been successfully piloted with four
Comprehensive Schools and one Primary School, those schools not
involved in the pilot recognising the benefits of I Learn and
keen for the facility to be made available to them. It was
considered that the implementation of I Learn not only signalled a
clear intent to deliver an extension of learning networks and the
development of an innovative and exciting curriculum but also
underpinned other key priorities such as post 16 learning, engaging
parents and carers and raising standards. I Learn currently
offered the following benefits:
·
it extended teaching and learning with access for teachers, pupils,
parents and other stakeholders
·
it increased parental engagement by offering real time reporting
and providing relevant information on their children
·
it provided a facility for teachers to communicate through real
time messaging, chat, forums, blogs and wikis as well as promoting
and facilitating collaboration.
There was potential for I Learn to be
developed further to provide a range of other benefits including
the provision of an on-line payment facility for school meals,
uniforms, school trips and visits, and music tuition. It was
clear that I Learn would provide a technological platform
which could transform education in the Vale as well as facilitating
efficient use of resources. The development of business
modules such as on-line payments could result in a significant
saving in administrative time and costs in schools.
In response to the need to progress the
implementation of I Learn, central capacity had been increased
through a restructure of the Learning and Development
Directorate. ICT and data staff from across the Directorate
had been brought together into one team under the management of a
new post which would be advertised later in the month along with an
E Learning Officer post. A project plan would subsequently be
drafted in consultation with Central ICT, School Improvement and
schools and it was anticipated that full implementation across the
Vale would take between two to three years, the estimated cost of
which was £300k. It was noted that that sum could be found
from the schools efficiency reserve but that, should grant become
available from WAG, a retrospective bid for funding would be
made.
The Cabinet Member informed Members that he
had notified Headteachers of the above at the Budget Forum earlier
in the day where the proposal had been well received.
This was a matter for Executive decision.
RESOLVED – THAT the allocation of up to £300k.
from revenue reserve funding be approved to meet the one-off cost
of implementing I Learn across all Vale schools.
Reason for decision
To ensure the necessary funding is made
available to roll out I Learn to all schools providing the
technological support required for addressing the five key
priorities set out in Education 2015.
C665
EXCLUSION OF PRESS AND PUBLIC -
RESOLVED - T H A T, under Section 100A(4) of the Local
Government Act 1972, the press and public be excluded from the
meeting for the following items of business on the grounds that
they involve the likely disclosure of exempt information as defined
in Part 4 of Schedule 12A (as amended) of the Act, the relevant
paragraphs of the Schedule being referred to in brackets after the
minute heading.
C666
LEASE FOR MASTER MARINER PUB SITE AT SKOMER ROAD,
BARRY (DFICTP) (SCRUTINY - CORPORATE RESOURCES) (EXEMPT INFORMATION
- PARAGRAPH 14) -
The tenant of the Master Mariner pub had
requested permission to surrender the ground lease on 1.7 acres of
land at Skomer Road in return for a new 99 year lease on a reduced
landholding incorporating the pub and car park only but without a
reduction in rental payable. The reduced landholding would
extend to approximately 0.9 acres. The Council would then
grant separate 99 year leases to the two proprietors of the small
retail units who were currently sub-tenants on part of the
remaining site, thereby generating new rental income for the
Council. As well as accruing additional rental income, a
further benefit to the Council of the proposal was gaining
immediate reversion of 0.6 acres of land which could potentially
form part of a residential development site. It was noted
that the downside was that land regained would give rise to a
maintenance obligation.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Director of Finance, ICT and Property be authorised to accept
the tenant’s proposals to surrender the current 99 year head lease
and grant a new lease on similar terms to the current.
(2) T H A
T the Director of Finance, ICT and Property be authorised to grant
99 year leases to the proprietors of the shops at the Master
Mariner pub site who were currently sub-tenants on terms to be
agreed.
(3) T H A
T the Director of Legal, Public Protection and Housing Services be
authorised to draft, execute and complete the Deed of Surrender and
all the leases proposed in the report.
Reasons for decisions
(1&2) To manage the Council’s
property estate appropriately.
(3) To
effect the legal surrender of the current leases and grant of new
leases.
C667
HOUSING ASSET DISPOSAL 1-3 THE BUTTS, COWBRIDGE (DLPPHS) (SCRUTINY
- HOUSING AND PUBLIC PROTECTION) (EXEMPT INFORMATION - PARAGRAPH
14) -
The conclusion of the Housing Asset Management
sustainability test undertaken on No. 1 The Butts (applicable
also to 2 and 3 The Butts) was that it was not sustainable to
retain the buildings and that disposal was the best option.
Cabinet had, on 20th May, 2009 deferred consideration of
a reference from the Scrutiny Committee (Housing and Public
Protection) in order to obtain further information. The
report detailed the background to the matter, the temporary
remedial work that had been undertaken, and valuations of each of
the three properties. Negotiations were ongoing with the
current tenants of Nos. 2 and 3 (the tenants of No. 1 having been
decanted in December 2008) in respect of appropriate alternative
housing. Any disposal of the properties with the current
financial circumstances of the Housing Revenue Account would be
subject to 50% payment of the capital sum to WAG.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T Nos. 1-3 The Butts, Cowbridge be declared surplus to requirement
as a result of the sustainability test and future options
appraisal.
(2) T H A
T the disposal Nos. 1-3 The Butts be approved, subject to obtaining
appropriate consent from WAG and to the re-housing of the tenants
at Nos. 2 and 3 The Butts.
(3) T H A
T the Director of Finance, ICT and Property in conjunction with the
Director of Legal, Public Protection and Housing Services be
authorised to negotiate terms and conditions for the disposal of
Nos. 1-3 The Butts.
(4) T H A
T the Director of Legal, Public Protection and Housing Services in
conjunction with the Director of Finance, ICT and Property be
authorised to prepare, complete and execute the required legal
documentation to enable the disposal to take place.
(5) T H A
T the usable receipt from the disposal of the above assets be ring
fenced to the Housing Capital Programme.
Reasons for decisions
(1) To
ensure adherence to Council policy requiring land and buildings to
be declared surplus prior to disposal and to achieve the Housing
Revenue Account Business Plan.
(2) To
facilitate disposal of Nos. 1-3 The Butts in a manner that benefits
the Council and adequately protects its interests.
(3) To
ensure the Director of Finance, ICT and Property obtains best value
for Nos. 1-3 The Butts.
(4) To
formalise legally the disposal of Nos. 1-3 The Butts to a third
party.
(5) To
ensure the receipt is invested back into the remaining housing
stock.
C668
MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -
RESOLVED - T H A T the following matter, which
the Chairman had decided was urgent for the reason given beneath
the minute heading, be considered.
C669
BARRY RAILWAY PROJECT (DEER) (SCRUTINY - CORPORATE RESOURCES)
(EXEMPT INFORMATION - PARAGRAPHS 14 AND 16) -
Urgent by reason of the need to
give Cambrian Transport access to the track at Plymouth Road in
order to meet the deadline in place for programmed
events
Cabinet had resolved to enter into lease
arrangements with Cambrian Transport in November 2008 as the
preferred operator for the Railway Project. Whilst progress
had been made with regard to the documentation required for the
relevant lease, access to the whole infrastructure was not as yet
in place. Following Cabinet approval in November 2008, the
Notice to Quit the site had been served on the Vale of Glamorgan
Railway Company. The matter was being contested. In
order to promote further events, consideration was given to the
proposal that, prior to the resolution of the issues, a Tenancy at
Will arrangement for the platform, land and track at the Plymouth
Road bridge shed site be invoked.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T a Tenancy at Will arrangement (on terms and conditions to be
agreed with the Director of Finance, ICT and Property and the
Director of Legal, Public Protection and Housing Services), after
consultation with the Leader and the Cabinet Member for Economic
Development and Regeneration, be entered into with Cambrian
Transport for the area indicated on the attached plan to enable use
of the land, platform, track and other railway infrastructure in
support of the provision of railway events and services.
(2) T H A
T the Director of Legal, Public Protection and Housing Services be
authorised to enter into the Tenancy at Will and execute all
relevant documentation.
Reasons for decisions
(1) To
enable the use of the land, platform, track and other railway
infrastructure in support of the provision of railway events and
services.
(2) To
ensure appropriate documentation.