Welcome to the
Vale of Glamorgan Council

CABINET

 

Minutes of a meeting held on 2^nd June, 2010.

 

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.

 

 

C901              MINUTES -

 

RESOLVED - T H AT the minutes of the meeting held on 19^th May, 2010 be approved as a correct record.

 

 

C902              DECLARATIONS OF INTEREST -

 

The following Members declared interests as indicated below, and left the room whilst the item(s) were under consideration:

 

Councillor P. Church	Agenda Item No. 8 - CASH Scheme 2010/11 in that he was a Member of Penarth Town Council.
Councillor G.A. Cox	Agenda Item Nos. 16 and 17 - “The Vale of Glamorgan Local Development Plan 2011-2026 - Review of Delivery Agreement June 2010” and “Vale of Glamorgan Local Development Plan Judicial Review Update” in that he was Clerk to the Trustees of the Evan Jenkins Charity which was a Candidate Site Applicant.
Councillor A.M. Ernest	Agenda Item No. 8 - CASH Scheme 2010/11 in that he was a Member of Penarth Town Council.
Councillor R.L. Traherne	Agenda Item Nos. 16 and 17 - “The Vale of Glamorgan Local Development Plan 2011-2026 - Review of Delivery Agreement June 2010” and “Vale of Glamorgan Local Development Plan Judicial Review Update” in that he owned Candidate Sites.
Councillor Mrs. D.M. Turner	Agenda Item Nos. 16 and 17 - “The Vale of Glamorgan Local Development Plan 2011-2026 - Review of Delivery Agreement June 2010” and “Vale of Glamorgan Local Development Plan Judicial Review Update” in that her daughter was an employee of Persimmon Homes.

 

 

C903              JOINT CONSULTATIVE FORUM -

 

The following minutes of a meeting held on 22^nd April, 2010 were submitted:

 

Present: Councillor Mrs. J.E. Charles (Chairman); Councillors A.D. Hampton, Mrs. M. Kelly Owen, C.L. Osborne and Mrs. M .Randall.

 

Representatives of the Trade Unions: Mr. G. Beaudette (NUT); Mr. G. Lewis (GMB); Mr. P.R. Duggan, Mr. N. Hart, Mr. N. Morgan, Mr. M. Seaborne, Mr. J. Swan and Ms. K. Tyre (UNISON).

 

 

(a)       Apologies for absence -

 

These were received from Mr. G. Moses (ATL); Messrs. T. Greaves and R. Phillips (GMB); Mr. T. Cox (NASUWT); and Messrs. P. Carter and G. Moseley (UNISON).

 

 

(b)       Minutes and Matters Arising -

 

AGREED - T H A T the minutes of the meeting held on 14^th January, 2010 be accepted as a correct record, it being noted that no matters arising from the minutes were brought up at the meeting.

 

 

(c)        Minutes of Directorate Consultative Groups: Social Services - 11^th January, 2010 -

 

The Director attended the meeting to facilitate consideration of the above. He indicated that two further meetings had been held since 11^th January and that Terms of Reference for the Group had now been agreed which would address previous issues relating to the tabling of items on the day. Other outstanding issues primarily referred to organisational change (which could be discussed later in the meeting under agenda item no. 7 if required).

 

AGREED - T H A T the minutes of the above Consultative Group held on 11^th January, 2010 be noted.

 

 

(d)       Occupational Health - Review of Service -

 

Debra Harding, Occupational Health Nurse, assisted by Andrea Davies, Health and Safety Officer, presented a summary of the feedback on Occupational Health questionnaires sent to managers / headteachers and employees as part of the 2009 review of the Service.  The questionnaires had provided evidence towards the attainment of the Corporate Health Standard Gold Award.  Only 33 responses had been received from managers although those had provided generally positive feedback as had those from employees, 44 of whom replied.  As a consequence of issues highlighted in the other responses:

 

·                    revised referral forms had been devised to provide managers with examples of the types of questions they might wish to ask

·                    streamlined OH procedures and processes introduced to ensure a consistent response from the Service

·                    managers informed that they could contact OH to provide further information on how staff presented at work or managers could include that information in the referral form

·                    managers informed that they were able to contact OH and obtain appointment dates / times

·                    reports in HR within 5 days

·                    OH User Group established with the first meeting to take place on 4^th May, 2010.

 

Mr. Beaudette, on behalf of the schools, indicated that teachers appreciated the work Occupational Health had and was currently doing, particularly in relation to returning to work after long term sickness absence.  The Chairman thanked all contributors to the discussion and endorsed the comments made, endorsing the general view that Occupational Health was doing a good job.

 

 

(e)       Support for Local Representatives -

 

To ensure the Council's continued commitment to working with the recognised Trade Unions, three training courses had been offered to the non-teaching Trade Union representatives, UNISON, GMB and UNITE.  The courses offered were

 

·                    Managing Change

·                    Management of Attendance

·                    Discipline.

 

Each session would be run by officers from Human Resources and would last for up to two hours.  Each secretary of the non-teaching Trade Unions had been given the invitation to attend the training sessions and it was noted that separate training course for teaching Trade Union representatives on School Policies might be held at a later date.  Branch Secretaries had been requested to submit names to the Head of Human Resources. Given that the optimum number of attendees on each training course was normally in the region of 12, and in response to a question from Mr. Hart, the Head of Service confirmed that the courses would be replicated as required in order to allow for additional trade union representatives to attend.  Mr. Hart specifically referred to those trade union representatives who were required to attend disciplinary hearings / Appeals Committees and the need to ensure that adequate training was provided.  In response to a further question, the Head of Service confirmed that such training was mandatory for all managers.  In conclusion the Head of Service indicated that he was happy to consider refresher training on a periodic basis as part of a wider employee relations framework. 

 

 

(f)         Job Evaluation Update -

 

Attached within the papers for the agenda was a “Job Evaluation / Single Status Update” newsletter dated March 2010.  The Head of Human Resources confirmed that, whilst the newsletter illustrated the progress that had been made to date, the process was far from over.  Essentially, the evaluation process had been completed with over 800 types of jobs being assessed in respect of a staff contingent of approximately 3,000 people.  Cabinet had, on 17^th February, 2010 agreed a provisional grading structure.  He indicated that there was now a clear work programme up to July with the aim of achieving a joint agreement on the pay structure.  It had been agreed with both regional and local trade union representatives that details would not be released until such time as agreement had been reached on a total package.  The optimum time frame, therefore, was agreement by July, road shows involving staff between July and September and, should there be collective agreement in the Autumn, the aim would be to implement by the end of 2010.  He reiterated that progress was being made and that updates would continue to be communicated through Changing Times and on the website. 

 

The Chairman indicated her appreciation of the way in which the process was being moved forward and Mr. Hart expressed the hope that the time scales set out above would be in fact be met - a matter which was agreed by all parties. 

 

 

(g)       Handling Organisational Change - Update -

 

The Operational Manager (Human Resources) indicated that the purpose of the update was to confirm the way in which Section 188 consultations were being undertaken with the Trade Unions at the Terms and Conditions Group (formerly Single Status Group) meetings on a monthly basis.  He gave an update of the Council’s obligations, both statutory and discretionary, and reaffirmed that the Trade Unions were party to the discussions in relation to potential redundancies.  This was being carried out on both a corporate and service by service basis.  No compulsory redundancies had occurred to date. Discussions had been held or were ongoing with individual Directorates and HR continued to work with the Trade Unions to resolve outstanding issues within those Directorates.  In response to a question as to the detail of those outstanding issues, the Operational Manager gave a brief outline.  He indicated that the position remained fluid and that reports would continue to be made on a monthly basis to the Terms and Conditions Group.  In conclusion, the Chairman referred to it being fully recognised that this was currently a very difficult time for staff. 

 

 

(h)       Feedback on Policy Document -

 

Details were 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. 

 

The Head of Human Resources also referred to the draft process for employees to apply for early retirement / voluntary redundancy which had now been consulted upon and comments received from stakeholders.  That draft had been considered at the Single Status meeting on 12^th January 2010 and further revisions made.  

 

 

(i)         Future Employee Relations Framework -

 

The Head of Human Resources opened his update by indicating that he had spoken to the Joint Secretary and other officers about the proposal to establish a framework to further strengthen employee relationships and make them sustainable.  It was accepted by all that the Council was currently going through a period of massive change and that there had been specific points, of late, where certain matters of contention had been identified.  Although employee relations had traditionally been good across the Council, it was felt that the following issued could be reviewed as part of a wider employee relations framework:

 

·                    facility time for Trade Union representatives

·                    relationship between the Directorate and the JCF

·                    consultation as to how change was dealt with

·                    role of the Terms and Conditions Group (former Single Status Group)

·                    support for local representatives.

 

The Head of Service proposed that he hold full and frank discussions with Trade Union representatives and managers on the points at issue and as part of the development of a wider employee relations framework.  Mr. Hart confirmed that the main causes of concern from the Trade Unions were a lack of transparency, a lack of openness, and the need for consistency in approach between Directorates and Departments.  Mr. Beaudette emphasised that the key to effective problem resolution lay through clear communication between all parties.  He referred initially to the Trade Unions and management working in partnership towards a shared aim – at which point Ms. Tyre indicated that there were different interests which needed to be taken into account, referring to historic disparities in pay within the Council and increasing workloads and pressures for staff in the current financial climate.  She also pointed out that the threat of job and pay cuts, and the adverse impact that was having on staff coupled with the potential for distrust and apprehension, could well lead to an increase in tension.

 

Following further consideration of the matters raised above, the view was expressed that the optimum way forward was to work together which would help mitigate the differences.  The suggestion of the Head of Human Resources was supported.

 

 

(j)         Draft Corporate Plan -

 

The draft Corporate Plan for 2010/14 was contained within the papers circulated prior to the meeting. The Head of Performance and Development indicated that the Corporate Plan contained the key actions the Council would take over the next few years.  He referred to the statutory duty placed on the Council to achieve continuous improvement in the way it delivered services and to the Improvement Objectives contained within the Plan.  He stressed that the actions contained within the Plan had been carefully considered by officers and that all actions set out in the Plan either had resources committed to their achievement or had been marked with an asterisk showing that those actions were wholly or partly dependant upon funding from external sources and would be implemented only should that funding be made available.  The Plan had been subject to extensive consultation over the last 2 to 3 months, both internally and externally.  He indicated that the content of the Plan might need revision prior to its submission to Cabinet and then to Council for approval on 5^th May 2010.  In response to a question from Ms. Tyre as to where the funding was coming from to effect continual improvement, he responded that it was possible to improve efficiency without additional funding but accepted that there would come a time when that became unsustainable.  He indicated that efforts would be made to achieve efficiencies where possible through, for example, new working practices.  He continued that work was ongoing to assess how many of the actions within the Plan were dependant upon external grant - and the continuation of that grant - and expressed a hope that the majority could be delivered.  Mr. Hart described the Plan as fictional document given that many of the proposed actions were out of the control of the Council.  The Head of Service stressed that the actions in the Plan had been very carefully looked at by the Corporate Management Team and that the actions contained therein were the Corporate Management Team’s assessment of what was likely to be feasible.  The Plan set out the Council’s priorities and he reaffirmed that, should funding not be made available and the actions dropped, those priorities would remain. 

 

 

(k)        Process for Approving Minutes of JCF Meetings and Related Issues -

 

Following on from the meeting of the JCF in January 2010 concerns had been raised by the Trade Union side about the accuracy of the minutes.  Contained within the papers for consideration at this meeting was a report of the Joint Secretaries which had been written following a meeting between the Joint Secretaries, the Unison Branch Secretary and officers from Democratic Services.  At that meeting it had been acknowledged that the process of taking minutes was undertaken professionally and independently by officers from Democratic Services and within the house style adopted for all Council meetings.  It was also acknowledged that the decision making process of the JCF were congruent with the terms of the JCF Constitution.  It was accepted, however, that improvements could be made and implemented in relation to the recording and signing off of minutes as set out below:

 

·                    That the timescale for agree the minutes should continue to rest with the Joint Secretaries (as per 7.5 of the Constitution) but within an extended period of 10 working days from receipt of the draft minutes from Democratic Services.

·                    That the Joint Secretaries should formalise the process for agreeing the draft minutes, if necessary by convening a meeting within the 10 working day timescale for that purpose. Any concerns should thereafter be resolved by the Chairperson and Vice Chairperson of the Forum (as per 7.5 of the Constitution).

·                    That it was accepted that if any member of the Joint Consultative Forum wished for a particular comment to be noted then they were free to request this during the course of the meeting.

·                    That, as an extension of the above, any dissention or concerns voiced by the trade union or management side of the Forum in relation to issues on the agenda should be recorded in the minutes.  It is important that the appropriate side of the Forum take responsibility for ensuring that the clerk is aware of the concern or issue of dissention and the wish for a record to be made.

·                    That when the trade union representatives are requested to withdraw from the meeting whilst elected Members deliberate on a matter, that this be recorded in the minutes.  In such circumstances trade union representatives and officers should withdraw from the meeting (other than those officers supporting the Forum i.e. the Head / Operational Manager HR, and the Legal and Democratic Officers.

 

Both the Head of Human Resources and Mr. G. Lewis spoke in support of the above, the content of the report being accepted by all in attendance.

 

----------

 

RESOLVED - T H A T the minutes be noted.

 

Reason for decision

 

To be aware of the views of the Joint Consultative Forum.

 

 

C904              ASSET RENEWAL BUILDING PROGRAMME (L) (SCRUTINY - CORPORATE RESOURCES) -

 

Approval was sought for schemes to be funded from the Council’s 2010/11 Asset Renewal budget.

 

It was necessary to draw up a programme of schemes to be funded from the Asset Renewal budget.  A prioritised list of schemes had been drawn up by officers from the Property Section in consultation with the various departments, by adopting the following criteria and processes:

 

·                    extracting from completed Property Condition Surveys works that had been identified as high priority status

·                    utilising an existing backlog list of prioritised schemes which had been reviewed and updated throughout the year

·                    feedback from regular meetings between officers from both Property and Building Services sections who had first hand knowledge of many of the properties

·                    capital bids received from officers during the 2009/10 capital bidding round.

 

The proposed programme was shown at Appendix A to the report. 

 

Should any significant developments occur resulting in the omission of a scheme, the inclusion of an additional scheme or a virement, the Director of Finance, ICT and Property, in consultation with the Leader, had the authority to implement such changes to the programme. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the proposed schemes to be funded from the Asset Renewal Budget as listed in Appendix A to the report be approved.

 

Reason for decision

 

To set the programme and enable the procurement process to proceed.

 

 

C905              REVENUE MONITORING FOR THE PERIOD 1^ST APRIL, 2010 TO 30^TH APRIL 2010 (L) (SCRUTINY - ALL) -

 

The projected outturn for the 2010/11 Revenue Budget was shown in comparison with the Revenue Budget at Appendix 1 to the report.  The forecast was for an estimated balanced Council Revenue Budget.  It was appreciated that it was very early in the year, and though Social Services were estimating a small underspend in 2009/10 due to a number of one off items, there was substantial pressure on the Directorate to achieve its savings for 2010/11. 

 

The forecast was for an estimated balanced budget on the Housing Revenue Account. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the position with regard to the Authority’s 2010/11 Revenue Budget be noted.

 

Reason for decision

 

That Members are aware of the projected outturn for 2010/11.

 

 

C906              CAPITAL MONITORING REPORT FOR THE PERIOD 1^ST APRIL, 2010 TO 30^TH APRIL, 2010 (L) (SCRUTINY - ALL) -

 

Cabinet were advised of the progress on the 2010/11 Capital Programme for the period 1^st April, 2010 to 30^th April, 2010 and, where necessary, considered requests for changes to the Programme. 

 

Director of Learning and Development -

 

Schools IT equipment - an allocation of £100,000 for purchase of IT equipment for schools was included in Appendix 1 to the report.  The cost of the equipment would initially be funded from the Computer Fund and schools would enter into a 3 or 5 year internal lease, which would reimburse the Fund.

 

Cowbridge Library - the Authority had been successful in a bid to CyMAL (Museum Archives and Libraries Wales) for grant money to modernise Cowbridge Library.  The grant was valid until 28^th February, 2011 and had been awarded on the condition that the Council achieved a minimum increase in both visitor numbers and issues of 5% in the first six months following the modernisation works.  This was believed to be achievable and it was therefore requested that approval be granted for the inclusion of a £329,886 budget in the 2010/11 Capital Programme.

 

Foundation Phase Grant - the Authority had accepted a grant from WAG in the sum of £140,229.  The allocation had been split between £30,000 for external doors at various primary schools (Gladstone / Romilly and Albert Primary) plus £110,229 as a contribution towards Welsh Medium seed schools in Barry and Llantwit Major.  The monies had been awarded from WAG as part of the Early Years Grant allocation 2010/11 and had to be spent by 31^st March, 2011.  The Chief Executive had exercised his delegated powers to include the budget in the 2010/11 Capital Programme in order that progress can commence. 

 

Director of Social Services -

 

Maes y Coed Family Centre - the Authority had accepted a grant in the sum of £132,965 for refurbishment works to the Centre.  The monies had been awarded from WAG as part of their Early Years Grant allocation 2010/11 and had to be spent by 31^st March, 2011.  The Chief Executive had exercised his delegated powers to include the budget in the 2010/11 Capital Programme in order that progress could commence.

 

Director of Legal, Public Protection and Housing Services -

 

Community Safety - the Home Office had allocated the Authority a grant of £25,055 to fund the installation of CCTV cameras and alley gates.  Final proposals had not been finalised at this stage but the following had now been agreed as suitable sites:

 

            Robert Street, Barry

            Bradenham Place, Penarth

            Fencing at Chickenwood Park, Barry

            Gating and fencing around Penarth Library.

 

Director of Environmental and Economic Regeneration -

 

Local Road Maintenance Grant - WAG had approved a capital allocation for 2010/11 of £179,085 for use on resurfacing the Vale’s highway infrastructure to address the maintenance backlog on the road network.  Cabinet would be advised of the locations that would benefit from this money in a separate report.  Hence, Cabinet were requested that the Capital Programme 2010/11 be increased by £179,085 accordingly.

 

Five Mile Lane - the Authority had been awarded the sum of £400,000 Principal Road Grant to cover expenditure on ongoing design development and environmental survey works associated with enhancing road safety on the A4226, Five Mile Lane, during 2010/11.  It was requested that the Capital Programme for 2010/11 be increased by £400,000 accordingly.

 

Pumphouse Enveloping - the Chief Executive had exercised his emergency powers to increase the 2010/11 Capital Programme by £1,733,000 for this scheme.  WAG grant had now been approved in the sum of £800,000 and this, along with £933,000 Council funding formed the new 2010/11 budget in order to complete this scheme. 

 

Llancarfan Community Centre Extension - Cabinet on 24^th February had included a net budget of £52,000 (£259,000 total capital cost) as a contribution for this scheme in the 2010/11 Capital Programme.  Since the initial budget approval however, these plans had been down-scaled and the current scheme now totalled £84,000.  It was requested that Cabinet approve the reduction in budget to £44,000 to reflect the Authority’s contribution to this scheme.

 

Merrie Harrier Bus Lane - WAG, via the application from the South East Wales Transport Alliance (SEWTA), had awarded the Authority a grant of £500,000 towards the completion of the roadwork scheme during 2010/11.  The Chief Executive had exercised his delegated powers to include this budget in the 2010/11 Capital Programme.  In addition, WAG Transport Grant received in 2009/10 was not fully spent by the end of March 2010 and a sum (to be confirmed with WAG) would be carried forward into 2010/11 and would be used to fund the ongoing works. 

 

Pont y Werin - SEWTA had also offered the Authority two separate grants, design and construction fees, for Pont Y Werin cycleway.  A sum of £300,000 had been awarded for full design and construction for various core cycle routes linking to Pont y Werin whilst a £30,000 grant which is part of the Preparatory Works Grant given to SEWTA to distribute to Authorities for feasibility and outline design works and had been awarded to consider further core routes within the Penarth and surrounding area to link to Pont y Werin.  The Chief Executive had exercised his delegated powers to include both sums (£330,000) in the 2010/11 Capital Programme in order that progress could commence.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the following changes to the Capital Programme be approved:

 

·                    Cowbridge Library - increase the 2010/11 Capital Programme by £329,886 funded by CyMAL (Museum Archives and Libraries Wales) grant of £299,886 plus revenue funding of £30,000

·                    Local Road Maintenance Grant - increase the 2010/11 Capital Programme by £179,085 funded from WAG grant

·                    Five Mile Lane - increase the 2010/11 Capital Programme by £400,000 funded by WAG’s Principal Road Grant

·                    Llancarfan Community Centre extension - decrease the budget in the 2010/11 Capital Programme to £44,000 to reflect the reduced contribution required from the Authority.

 

Reason for decision

 

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

 

C907              COMMUNITY ACTION SELF HELP (CASH) SCHEME 2010/11 (L) (SCRUTINY - CORPORATE RESOURCES) -

 

The views of Cabinet were sought on the awarding of CASH grants.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the following grants be awarded:

 

Site / Location	Scheme Description	Grant Awarded
(i)   Village Green and “Little Hill”, Colwinston	Environmental improvement to both sites	£4,300
(ii)   Parish and Lee Halls, Dinas Powys	Further refurbishment works (replacement lights in Lee Hall and new roof to old library)	£6,350
(iii)   Ewenny Community Village Hall	Exterior painting	£300
(iv)   Llandough and Leckwith War Memorial Institute Hall (Llandough Community Council sole trustees of the LWM institute)	Further refurbishment works (kitchen, corridor, toilets, exterior and loft insulation)	£6,700
(iv)   Paget Rooms, Penarth	Refurbishment works Phase 1 (flat roofs renewal, replacement rainwater goods, masonry repairs and external redec)	£15,000
(v)   St. Nicholas Village Hall	Folding tables (6)	£275

 

Reason for decision

 

To progress grants in accordance with the approved scheme.

 

 

C908              ADMINISTRATION OF APPLICATIONS FOR LOCAL TAX RELIEF (L) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet considered proposals to simplify the process for approving applications for local tax relief.

 

Mandatory charitable relief, discretionary charitable relief, discretionary small business relief and hardship relief were considered on the basis of applications submitted on an application form with supporting documentation.  Applications were submitted to the Revenues Section.  A report would be submitted to Cabinet periodically when there were a sufficient number of applications.

 

It was felt that the current process was rather cumbersome and led to delays.  Many applications, particularly from charities applying for mandatory relief, were straightforward and could be determined by officers under delegation. Decisions on applications from businesses and individuals for hardship relief in particular needed to be made more quickly.  Using officer delegation would speed up the process. 

 

It was proposed that such delegations in future be made by the Director of Finance, ICT and Property (or in her absence the Head of Financial Services) in consultation with the Leader.

 

It was also proposed that where relevant, the Financial Services Division would share information with the Economic Development team in reviewing applications from businesses.  The Economic Development Unit may also be able to contact the business and provide further information and help.  Future application forms would include a notice that the applications and supporting papers be shared with the Economic Development Team for the purpose of providing advice to business and input to the determination of the application.

 

All applications for relief would continue to be determined on their own merit taking account of any WAG / Government guidance.

 

Mandatory small business rate relief was generally granted automatically by the Non Domestic Rates team without an application on the basis of rateable values and the type of business concerned under the regulations as there was no discretion involved.  This worked well, and no changes were proposed.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T delegated authority be granted to the Director of Finance, ICT and Property (or in her absence the Head of Financial Services) to determine all applications for local tax relief in consultation with the Leader.

 

Reason for decision

 

To simplify the approval process.

 

 

C909              ENVIRONMENTAL DAMAGE (PREVENTION AND REMEDIATION) REGULATIONS 2009 (LPP) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Cabinet were advised of the enforcement duties placed on the Council under the Environmental Damage (Prevention and Remediation) Regulations 2009 and were requested to agree funding and delegated authority arrangements.

 

The Environmental Damage Regulations implement a European Directive on Environmental Liability.  They are based on the “polluter pays principle” so those responsible prevent and remedy environmental damage, rather than the taxpayer paying.

 

“Environmental damage” has a specific meaning in the Regulations, covering only the most serious cases.  The emphasis, in the first instance, is on the business or other “operator” identifying when there is an imminent threat or actual damage and taking immediate action.

 

Enforcing authorities must determine whether there is environmental damage and decide on the necessary remedial measures. 

 

The Regulations only apply to damage after the Regulations came into force in May 2009 and apply to operators or economic activities.

 

“Environmental damage” refers to:

 

·                    contamination of land that results in a significant risk of adverse effects on human health

·                    adverse effects on surface water or ground water consistent with a deterioration in the water’s status

·                    adverse effects on the integrity of a Site of Special Scientific Interest (SSSI) or on the conservation status of species and habitats protected by EU legislation outside SSSIs.

 

Responsibility for enforcing the Regulations is shared with other agencies e.g. the Environment Agency and the Countryside Council for Wales depending on the circumstances of the damage.  Local authorities are responsible for enforcement when damage is caused by operations regulated by Local Authorities under Environmental Permitting Regulations (enforcing preventative requirements in Part 2 of the Regulations and enforcing remediation requirements in Part 3 of the Regulations).  They are also responsible when there is damage to land other than SSSIs for activities other than those regulated under the Environmental Permitting Regulations.

 

The new legislation will exist alongside other environmental protection legislation and current planning enforcement powers to take action against individuals or parties that cause environmental damage by carrying out unauthorised engineering operations and waste disposal, where those operations are of a scale that would normally require planning permission.  As a consequence, there would be a need to work alongside colleagues in planning enforcement to determine the most appropriate course of action to follow in cases of significant environmental damage.

 

Once it had been established that “environmental damage” had occurred and the Council was the appropriate enforcement authority, the responsible operator must be identified and a remediation notice served.  The Council can also require preventative work to be carried out.

 

Operators would have a right of appeal against remediation notices.  The grounds for the appeal were set out in the Regulations.

 

The Welsh Assembly Government had provided training for all local authorities in Wales about their role in enforcing the Regulations. 

 

In addition to the training, local authorities, through the Local Authority Co-ordinators of Regulatory Services (LACORS) sought funding for their role as enforcement authorities under the Regulations. 

 

A one off claim for £1,904.00 was submitted to the Welsh Assembly Government.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the contents of the report, and the potential financial implications associated with an incident of environmental damage as defined by the Regulations, be noted.

 

(2)       T H A T the application for funding be noted.

 

(3)       T H A T the Director of Legal, Public Protection and Housing Services be granted delegated authority to

 

(i)         enforce the Environmental Damage (Prevention and Remediation) Regulations 2009; and

(ii)        authorise officers to take action under this legislation.

 

Reasons for decisions

 

(1)       To ensure Cabinet is apprised of enforcement duties imposed on the Council under the Environmental Damage (Prevention and Remediation) Regulations 2009.

 

(2)       To ensure the Council maximises the use of available external funding.

 

(3)       To ensure officers are suitably authorised to undertake duties under the provisions of the Environmental Damage (Prevention and Remediation) Regulations 2009.

 

 

C910              REVIEW OF PRIVATE SECTOR HOUSING RENEWAL POLICY (HCS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Approval was sought to extend the life of the Council’s current Housing Renewal Policy.

 

The Council’s current Private Sector Housing Renewal Policy expired in March and it was intended that a new policy be drafted and consulted on for adoption from April 2010.  The Executive Summary of the current Private Sector Housing Renewal Policy was attached to the report at Appendix 1.

 

In accordance with the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002, the Council must have a Private Sector Housing Renewal Policy in place.  The policy replaced the old legislative framework which allowed the Council to approve grants and introduced a new general power that allowed the Council to set its own priorities and develop the tools it would use to provide assistance for housing repairs and renovation in the area.

 

One of the key documents informing the new policy was the latest House Condition Survey.  The final draft of this document was received in February and this had not given enough time to consider the contents and prepare a new policy based on the findings.  Training for key staff on the new survey data would take place in May 2010.  This would enable the survey information to be analysed and new policy areas considered.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the current Housing Renewal Policy be extended to March 2011.

 

Reason for decision

 

To enable the findings of the House Condition Survey and the Barry Town Centre Living Study and Neighbourhood Renewal Assessment to be used during the review of the Housing Renewal Policy.

 

 

C911              SECTION 180 VOLUNTARY SECTOR FUNDING PROPOSALS 2010/11 FOR THE HOMELESSNESS SERVICE (HCS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Approval was sought for the allocation of S.180 funding to voluntary sector bodies for the financial year 2010/11.

 

Part VII of the Housing Act 1996 empowered local authorities to give assistance by way of grant or loan to voluntary organisations concerned with homelessness or matters relating to homelessness in their area.  This provided for the provision of services where local authorities did not have the expertise to manage particular cases / clients or where the voluntary sector could provide services more cost effectively. 

 

The Council as looking at various options to increase their homelessness prevention focus, which should reduce the numbers of clients facing homelessness, reduce the use of inappropriate temporary accommodation and increase the supply of good quality temporary accommodation.  Part of the exploration of options included looking at whether services currently being outsourced could be brought back in-house with no ill effect on the service combined with a cost saving to the Council.

 

A report presented to Cabinet on 18^th November, 2009 introduced the need for a review of the current funding arrangements and the plan to carry this out as a matter of urgency.  However, with the reconfiguration of Children’s Services and the opportunities this presented for more joint working between the teams, the review needed to be delayed to allow this re-structure and for joint working to be explored.

 

The reconfiguration of Children’s Services had been discussed at Scrutiny Committee (Social Care and Health) on 23^rd November, 2009.  The development of Sixteen Plus Team to deal with all young people aged 16 years (excluding disabled young people) to incorporate statutory Leaving Care requirements and support for young people assessed as being “in need” would allow better joint working between the teams and ensure that the Council met its statutory duties under both Leaving Care and Homelessness legislation in the light of recent case law updates.

 

In particular the allocation of the funds would reflect the following objectives identified in the Homelessness Strategy Action Plan:

 

·                    Objective 1 - Preventing homelessness and repeat homelessness from occurring wherever possible, thereby reducing homelessness

 

Actions: F, G, Q, R and O

 

·                    Objective 2 - Ensuring the provision of effective homelessness and housing advice services

 

Actions: G and E

 

·                    Objective 3 - Ensuring adequate supply of appropriate support and accommodation, both temporary and permanent

 

Actions: A, D and F

 

·                    Objective 4 - Informing the public and involving users in developing and improving services

 

Actions: A, B and F.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to pay the S.180 funding to Tabernacle Home Access to the amount of £5,000, Llamau’s JIGSO project the amount of £12,000 and Llamau’s furniture project the amount of £6,000 for the financial year 2010/11.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services delay the review of the services provided by the aforementioned agencies to ensure that the services fall in line with the reconfiguration of the Leaving Care Team to the 16+ Team.

 

Reasons for decisions

 

(1)       To ensure that the resources are made available to develop key services to assist the Council in complying with its statutory homelessness duty.

 

(2)       To ensure that these services are delivered in the most efficient and effective way and that they complement the services already being offered by the Statutory Services in Housing and Social Services.

 

 

C912              TENANTS INCENTIVE TO MOVE SCHEME (HCS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Cabinet were updated on progress in transferring tenants under the pilot Tenants Incentive to Move initiative.

 

A tenants incentive scheme was designed to encourage tenants primarily under occupying family accommodation to move into smaller non-family Council or Housing Association owned property. 

 

The Vale Pilot Scheme provided an incentive to encourage disabled tenants to move into property either already adapted or more suitable for adaptation that their current property. 

 

To date the Scheme had experienced considerable interest.  In the last financial year there had been 14 successful moves under the Incentive to Move Scheme with another 4 expected to complete during April 2010.  In respect of tenants requiring medical aids and adaptations, or living in properties that were unable to be adapted there had been 9 successful moves in the last financial year.

 

With regard to tenants under occupying family properties, 5 tenants had successfully moved into smaller accommodation. 

 

During the period of the Pilot, the scheme had not been extensively advertised but following its success, a full explanatory advert had now been placed in the Tenants Newsletter sent to all Council tenants to stimulate additional demand and increase awareness.

 

The Tenants Incentive to Move Scheme was still in its infancy, but had attracted sufficient interest amongst tenants requiring medical aids and adaptations to suggest that this would be a successful initiative.

 

Progress would however be limited by the level and type of vacancies arising.  Staff were trying to be pro-active through the targeting of suitable vacancies outside of Homes 4U and the matching of Tenants Incentive to Move applicants with tenants of suitable housing through the exchange register.

 

The average cost for a Disabled Facilities Grant was over £13,000 per grant.  For those who had transferred due to Adaptation requirements, the average cost during 2009/10 had been less than £3,000 each, an average saving to the Council of £10,000 per move. 

 

For those who had transferred due to Under Occupation the average cost per move during 2009/10 was less than £2,500.  This had alleviated some of the pressures on the Council’s homelessness budget by freeing up properties suitable for families on the waiting list, families that would otherwise be housed within temporary accommodation, until suitable permanent accommodation became available.  It was argued that there was a potential saving to the Social Housing Grant Programme which could be used by Registered Social Landlords to increase the supply of new affordable rented accommodation. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the progress and success of the scheme to date be noted, and the Tenants Incentive to Move initiative be adopted as a permanent arrangement.

 

Reason for decision

 

To maximise the most effective use of Council Housing Stock by offering existing tenants incentives to move into properties more suited to their needs and requirements, thereby increasing the supply of accommodation and reducing the demand on the Disabled Facilities Grant budget.

 

 

C913              COYCHURCH CREMATORIUM MEMORANDUM OF AGREEMENT (VBS) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Approval was sought to enter into a Memorandum of Agreement for Coychurch Crematorium between Bridgend County Borough Council, Rhondda Cynon Taf County Borough Council and the Vale of Glamorgan Council. 

 

In 1967, an Agreement was entered into between the then constituent Councils comprising Bridgend Urban District Council, Cowbridge Borough Council, Cowbridge Rural District Council, Ogwr and Garw Urban District Council and Penybont Rural District Council to set up the Coychurch Crematorium Joint Committee.

 

As a result of the local government reorganisations which took place in 1974 and 1996 and the length of time the Agreement had been in place, there was a need to review and update the information relating to the operation and membership of the Joint Committee and for Bridgend CBC, Rhondda Cynon Taf CBC and the Vale of Glamorgan Council to authorise a revised Memorandum of Agreement. 

 

A revised Memorandum of Agreement, drafted by Bridgend CBC and jointly commented upon by the Legal Departments of Rhondda Cynon Taf CBC and this Council was attached at Appendix 2 to the report.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the revised Memorandum of Agreement for Coychurch Crematorium be approved.

 

(2)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to execute the revised Memorandum of Agreement.

 

Reasons for decisions

 

(1)       To enable the existing Agreement to be updated in recognition of current requirements.

 

(2)       To formalise the Agreement of the three constituent Councils to the revised Memorandum of Agreement.

 

 

 

C914              ANNUAL REPORT - SECTION 106 LEGAL AGREEMENTS 2009/10 (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were informed of progress on Section 106 (Planning Obligation) matters which had arisen in the financial year 2009/10.

 

In the 12 months between April 2009 and March 2010, a total of 21 planning permissions had been issued, which had been subject to Section 106 Legal Agreements.  The value of the financial contributions in these Legal Agreements was £993,270.50.

 

This was consistent with the previous year 2008/09 when 23 Agreements were signed with a financial value of £940,555.06 which was a significant increase in the number and value of Section 106 Agreements from the previous year.

 

The financial contributions secured would be used to provide or enhance facilities off site, such as sustainable transport facilities, public open space, community facilities, school transport and more.  When such contributions are received, consultation was undertaken with the relevant service areas, the Cabinet Member for Planning and Transportation, relevant Cabinet Members and local Ward Members to agree how the contributions could be best spent, in accordance with the established S106 protocol. 

 

The report summarised the total financial contributions signed off this year in respect of each issue.

 

The planning obligation requirements secured this year had also included “in-kind” obligations such as the provision of public rights of way improvements, on-site public art, on-site public open space, affordable housing on development sites, and in the case of the DTC St. Athan proposals a shuttle bus to link to Llantwit Major train station.

 

Between April 2009 and March 2010, the Council had received financial and in-kind obligations in respect of a number of previously outstanding Planning Agreements, including interest payments where applicable.  The Council’s Section 106 account currently held £1,645,472.39.  At the start of the financial year it held £1,884,826.07. 

 

The range of schemes implemented through the use of Section 106 contributions this year had included public transport subsidies, provision of bus shelters, new and improved footways, enhanced public open space and town centre enhancements.

 

As in the previous financial year (2008/09) developers were continuing to advise that the economic downturn was affecting development viability and as such they should not be expected to provide some or all of the Council’s planning obligation requirements.  In such cases, the developer is required to submit sufficient evidence to show that the viability of the development is being undermined by the Council’s requirements.  If viability concerns could be demonstrated and evidenced, then the Council as Local Planning Authority must weigh up all the material considerations and decide whether there was sufficient public interest in having the site developed without the necessary planning obligations.  Each case is considered on its own planning merits.  In such cases, it may be appropriate to include review points within the Agreement to take account of future improvements in the housing market which make the amount of contributions more viable.

 

The Community Infrastructure Levy Regulations 2010 came into force on 6^th April 2010.  With immediate effect they introduced limitations on the use of planning obligations.  As of 6^th April, 2010, a planning obligation may only legally constitute a reason for granting planning permission if it was:

 

(a)       necessary to make the development acceptable in planning terms

(b)       directly related to the development

(c)        fairly and reasonably related in scale and kind to the development.

 

In essence these new legal tests had the same meaning as those tests in Circular 13/97 “Planning Obligations”, which the Council had previously paid due regard to in the determination of planning applications.  Therefore, it was not considered that this immediately effective regulation had significant implications for planning obligations practice in the Vale of Glamorgan.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the progress made on Section 106 matters between April 2009 and March 2010 be noted.

 

(2)       T H A T the report be referred to Planning Committee, Scrutiny Committee (Economy and Environment) and Community Liaison Committee for information.

 

Reasons for decisions

 

(1)       To inform Cabinet of the progress made on Section 106 matters between April 2009 and March 2010.

 

(2)       To inform the Planning Committee, Scrutiny Committee (Economy and Environment) and Community Liaison Committee.

 

 

C915              THE VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN 2011-2026 - REVIEW OF DELIVERY AGREEMENT JUNE 2010 (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were advised of the necessity to revise the Vale of Glamorgan Local Development Plan 2011-2026 (LDP) timetable contained within the Delivery Agreement (Revised July 2009) and were requested to agree revisions from the Welsh Assembly Government in accordance with the Town and Country (Local Development Plan) (Wales) Regulations 2005.

 

In progressing the LDP through to Deposit stage, it was noted that the following stages required completion:

 

·                    Candidate Site Assessment - a key element in developing the LDP was the identification of suitable sites for new housing, employment and other uses such as community and recreation.  During December 2006 and January 2007 the Council invited candidate site submissions from developers and other interested parties for consideration and 412 prospective sites were submitted and which were currently being assessed against the Council’s approved Candidate Site Assessment methodology.  Whilst a significant amount of preliminary work had already been undertaken, uncertainty in respect of the preferred strategy resulting from the Judicial Review had meant that significant elements of the work had to be placed on hold until this matter had been resolved.  A considerable amount of work remains outstanding to fully assess the candidate sites.

·                    Review of Population and Household Projections topic paper - the original topic paper produced at the pre-deposit stage would need to be reviewed in the light of the 2006 based WAG local authority based population and household projections and Office of National Statistics 2002-2008 mid year estimates which were due to be published in May 2010.

·                    Update of the 2007 Local Housing Market Assessment and a Rural Housing Needs Study - these would provide the Council with a greater understanding of the local housing market, the key drivers of local housing demand and levels of housing need across the Vale.

·                    Green Wedge Review - the current Adopted Vale of Glamorgan Unitary Development Plan included five green wedges within the local authority area which sought to prevent coalescence between urban settlements.  The Review would assess the role of the current green wedges and determine whether they were under significant pressure for development and whether their retention remained warranted with either their current or amended boundaries.

·                    Preparation of the Initial Consultation report - Regulation 17 of the Town and Country (Local Development Plan) (Wales) Regulations 2005 requires the Council to prepare and Initial Consultation Report to accompany the Deposit LDP.  The report would identify the bodies that had been engaged or consulted in preparing the plan and the main issues that had been raised within those consultations and how they had influenced the preparation of the Deposit LDP.  The Initial Consultation report would contribute to the final Consultation report that was required when the LDP was submitted for independent examination.

·                    Drafting of the Deposit LDP - whilst some preliminary work had been undertaken by officers on the drafting of policies, this had bee limited pending the final approval of the Draft Preferred Strategy.  Much more detailed work remained to be undertaken including further consultations with other internal departments e.g. education.  Additional significant work included the sustainability appraisals of the detailed policies when finalised.  A substantial amount of work was also required in relation to the preparation and printing of the Deposit LDP and associated proposals and constraints maps.

·                    Habitats Regulation Assessment (HRA) - HRA of land use plans was a requirement of the EU Habitats Directive which required that an Appropriate Assessment be undertaken of plans which were likely to have a significant impact upon Natura 2000 sites.  Whilst the Council had undertaken an initial screening exercise as the first stage in the process, the full HRA was a technical exercise that required the utilisation of specialist consultants.  “Enfusion” had been appointed to undertake and complete Stage 2 of this assessment.  Progress on this work had again been delayed pending the outcome of the Judicial review and officers were currently liaising with Enfusion to determine a revised timetable for this work.

·                    Finalising the Sustainability Appraisal Report - the purpose of this Appraisal was to promote sustainable development through the integration of environmental, social and economic considerations in the preparation of an LDP.  It was a requirement that LDPs must be subject to a Sustainability Appraisal (SA) as well as a Strategic Environmental Assessment (SEA) and Government advice that an integrated approach must be adopted so that the SA process incorporates the SEA requirements.  Whilst much of the work on preparing the SA report had been undertaken, a final SA report would be produced for consultation at the same time as the Deposit LDP.  The production of the final SA report would involve a considerable amount of work and officers were currently considering appointing consultants to undertake this task.

·                    Preparation of consultation information and resources - in order that the statutory six week consultation period be undertaken successfully, sufficient advertising and information was required to enable members of the public and other relevant stakeholders to engage in the LDP process. 

 

Whilst many of the tasks could be undertaken independently and progressed in parallel, others were intrinsically linked, one stage being wholly reliant upon the successful completion of an earlier element.  In addition, the Deposit LDP would require Full Council approval prior to public consultation and adequate time needed to be provided within the timetable for this process.

 

The timetable within the approved DA allocated approximately 7 months for the completion of above stages with 4 months slippage incorporated into the timetable to accommodate any unforeseen eventualities. Projecting this timescale forward would indicate a future deposit date of January / February 2011 and an indicative adoption date of December 2012 assuming there were no further delays to the programme.

 

A copy of the revised timetable was attached to the report at Appendix 1.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the contents of the report and the implications for the LDP timetable be noted.

 

(2)       T H A T the amendments to the LDP timetable contained within the Council’s Delivery Agreement (Revised July 2009) as proposed in the report be approved.

 

(3)       T H A T agreement be sought from the Welsh Assembly Government to formally amend the timetable within the Council’s Delivery Agreement (Revised July 2009).

 

(4)       T H A T those individuals and organisations previously consulted on the drafting of the Delivery Agreement be advised of the revisions detailed within the report.

 

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

 

Reasons for decisions

 

(1)       To advise Cabinet of the progress made on the LDP.

 

(2)       To approve the revisions to the Council’s Delivery Agreement (Revised July 2009).

 

(3)       To comply with Regulation 9 of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005.

 

(4)       To advise stakeholders and organisations previously consulted on the Delivery Agreement of the proposed revisions to the LDP timetable.

 

(5)       In order to apprise Planning Committee of the matters contained within the report.

 

 

C916              VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN JUDICIAL REVIEW UPDATE (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were advised of the outcome of an application for Judicial Review made by Persimmon Homes Limited and BDW Trading Limited (the claimants) against Cabinet’s decision of 25^th March, 2009 and of progress made in respect of outstanding matters to be dealt with concerning the Judicial Review.

 

On 23^rd June, 2009, the claimants made an application for Judicial Review to the High Court which sought to quash Cabinet’s approval of the LDP strategy of 25^th March, 2009.  The Honourable Judge Curran QC subsequently ordered that permission be considered at an oral hearing and the Honourable Mr. Justice Silber granted permission for the Judicial Review to proceed on 6^th October, 2009.  The Cabinet decision of 25^th March, 2009 was challenged on the following grounds:

 

·                    insufficient or misleading information in the officer’s report

·                    predetermination

·                    bias and conflict of interest

·                    inadequacy of statutory consultation.

 

The application was heard on 2^nd and 3^rd March, 2010 at the Cardiff Civil Justice Centre before the Honourable Mr. Justice Beatson.  Having considered all of the evidence and oral submissions, the Honourable Mr. Justice Beatson dismissed the application on 15^th March, 2010.

 

A copy of the judgement was attached at Appendix A to the report.

 

It was noted that it was open to either party to seek leave from the Court to appeal the decision made by the Honourable Mr. Justice Beatson.  The claimants made an application for permission to appeal but decided to subsequently withdraw it.  The Council was currently in the process of pursuing its claim for its legal costs in accordance with the notice.

 

The outcome of the Judicial Review application meant that the decision of Cabinet on 25^th March, 2009 was not an unreasonable decision to have reached.  However this decision in any event was superseded by the decision of Cabinet on 3^rd February, 2010 which endorsed Option 5 as the preferred strategy for the LDP.

 

The Council was now in a position to progress its LDP and a further report would be presented to Cabinet in the near future regarding the outstanding work and the proposed timetable for the completion of that work.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the decision made by Justice Beatson to find in the Council’s favour be noted and that the Council seeks to recover its costs from the claimants in accordance with the decision.

 

(2)       T H A T a Deposit LDP be prepared by officers and considered by Cabinet in November 2010.

 

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

 

Reasons for decisions

 

(1)       To update Cabinet on the current position regarding the LDP Judicial Review.

 

(2)       To ensure that the LDP is prepared in accordance with the LDP Delivery Agreement and to satisfy the requirements of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005.

 

(3)       To ensure Planning Committee is aware of the outcome of the LDP Judicial Review.

 

 

C917              PROPOSALS FOR PARK AND RIDE AT BARRY DOCK STATION (EDR) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet was updated on the report carried out by Consultants, Atkins, who had completed a report providing detailed design options and costs associated with bringing forward a Park and Ride scheme for the Barry Dock station in support of the Regional Transport Strategy and considered recommendations as to which approach should be taken to progress the scheme. 

 

As part of the development of a scheme for a new Central Station to serve the Barry Town Centre and the Waterfront areas, officers of the Council had developed with consultants some layouts and preliminary schemes in 2002/03.  The development of these schemes had concentrated on three phases.  Firstly the master-planning of the new Central Station itself.  Secondly, the proposed works to the Dock platform to the rear of the Dock Office to improve lighting, seating, weather protection and security and, thirdly, design options for a strategic pedestrian bridge link connecting Thompson Street to the Holton reach site on the Waterfront.

 

The master planning element of the proposal was concluded in 2003 and at that stage it had been decided to phase the scheme to create smaller, more manageable projects that would enable both funding and implementation options to be considered.  The plan was to take forward the projects in the following phases:

 

·                    acquisition of the land south of the main railway line

·                    acquisition of the land north of the main railway line

·                    upgrade of the Barry Dock Station

·                    Park and Ride provision at the Barry Dock

·                    provision of an integrated transportation hub north of the line

·                    the provision of the Thompson Street Bridge.

 

The land south of the land was acquired with Welsh Development Agency funding support in 2003 and approval was granted by the Cabinet for the acquisition of the northern land, but funding did not emerge from the WDA before its demise.

 

The Dock Platform was upgraded with just over a million pounds of support from the Welsh Assembly Government over 2007/08 with the Council acting as the financial controller and project management leader.

 

Project development of the Park and Ride solution for the Dock Platform was currently under development with possible implementation in 2010/11 and wider discussion of a larger integrated scheme north of the line for bus, taxi and additional Park and Ride as part of the Sustainable Towns funding options, with WAG also being developed for possible implementation 2010-13.

 

The feasibility work had produced a number of options for Park and Ride solutions, all of which would see the current staff parking at the Dock Offices being utilised for purposes of Park and Ride and providing some 102 spaces.  The plans show the replacement of this staff parking in a new car park to be constructed on the land of the embankment to the rear of the Dock Office (south of the main railway line) and to be accessed via new road construction around the Dock Office.

 

This arrangement was preferred as the current staff car park was the closest location for parking to the subway access which served the Barry Dock Platform and could easily be signed for cars entering the site from Ffordd y Mileniwm.

 

Discussions had taken place regarding the proposal and, provisionally, SEWTA had set aside £500,000 for the capital works costs over the 2010-12 financial years.  Consideration of funding over the two financial years was required because Network Rail had a planned programme of track and signal upgrading for Barry which would see the track between Cadoxton signals and Thompson Street Bridge signals being replaced between April and July 2011. 

 

A detailed evaluation of the project in transport terms had been undertaken by Jacobs, on behalf of SEWTA, as part of the regional assessment of the need for park and ride solutions for the capitol region.

 

The design options produced by Atkins had not been subject to any corporate evaluation with respect to the Council’s management of its estate.

 

Atkins had produced three design options for consideration, and plans were attached at Appendix A to the report.

 

Option 1 provided for a 101 space park and ride car par accessed from Ffordd y Mileniwm and a 212 space staff car park with access from Subway Road via a ramped access to the rear of the Dock Offices.  This scheme maximised the replacement parking providing 111 additional spaces on site.

 

Option 2 provided the same park and ride facility but reduced the new staff car park to provision for 103 spaces as allowance had been made in this option for the continuation of the tourism railway line and the allocation of space alongside the new car park for both track and platform.  This option would allow integration of the tourism line with the transport hub at this location and it was expected that no conflict would arise as peak staff car park use is on weekdays with peak tourism railway usage being at weekend.

 

Option 3 provided a smaller park and ride facility of only 85 spaces as it provided for a ramped access to the staff car park to the side of the Dock Offices rather than via the rear.  This allowed for a larger staff car park of 142 spaces as well as platform provision but relied on more complicated access arrangements which may possibly result in conflicting traffic movements.

 

Option 1 was not considered a preferred option at this stage as it would prevent the further extension of the Tourism Railway project.  Some variation of Options 2 and 3 was therefore being considered and a cost plan had been provided which advised estimated costs for Option 2 at £771,522 and Option 3 at £774,488 (both subject to some variation dependent upon contract form and tender).

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the principle of a park and ride project at the Dock Offices, Barry be agreed.

 

(2)       T H A T officers report the details of project feasibility to the Corporate Asset Management Group in order that estate implications can be considered.

 

(3)       T H A T officers report the details of project feasibility to the External Funding Group for appraisal of the business case, and subject to approval by that Group and the Corporate Asset Management Group, that further consultation be undertaken with SEWTA regarding the full funding of the scheme.

 

(4)       T H A T the Director of Finance, ICT and Property be authorised, with the prior approval of the Leader and the Cabinet Member for Economic Development and Regeneration, to agree grant terms to fund this proposal.

 

(5)       T H A T the Director of Environmental and Economic Regeneration be authorised, with the prior approval of the Leader and the Cabinet Member for Economic Development and Regeneration, to submit a planning application for the proposed works when the details of a preferred option are agreed.

 

(6)       T H A T the Director of Finance, ICT and Property be authorised, with the prior approval of the Leader and the Cabinet Member for Economic Development and Regeneration, to enter into the appropriate Agreements with Network Rail to facilitate the implementation of the scheme.

 

(7)       T H A T, following any acceptance of grant, the Director of Environmental and Economic Regeneration be authorised, with the prior approval of the Leader and the Cabinet Member for Economic Development and Regeneration, to tender the scheme and that an appraisal of such tenders be reported back to Cabinet for authority to proceed.

 

(8)       T H A T staff at the Dock Office be consulted via an exhibition of the proposed scheme.

 

Reasons for decision

 

(1)       To agree the principle of the scheme.

 

(2)       To ensure that appropriate consultation is carried out regarding the implications of the project to the Council’s estate management function.

 

(3)       To ensure that the Business case for the proposal is fully considered prior to grant acceptance in accordance with corporate project management guidelines.

 

(4)       To provide appropriate authority to accept the grant offer.

 

(5)       To ensure that an appropriate planning approval is in place prior to works being tendered.

 

(6)       To ensure that appropriate authorities are in place from Network Rail in accordance with legislation relating to developments alongside main line railway lines.

 

(7)       To ensure that appropriate evaluation of the tendered scheme and associated risks is considered prior to any commencement of works.

 

(8)       To ensure staff views are sought with regard to the proposal.

 

 

C918              RENTALS: ECONOMIC DEVELOPMENT PROPERTY PORTFOLIO (EDR) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which sought approval to set and vary rental charges relating to tenancies at the Vale Enterprise Centre, Sully and the BSC, Barry.

 

Cabinet Minute C170 (2002/03) gave power to the Director of Environmental and Economic Regeneration to determine applications for lettings and management at the Vale Enterprise Centre.

 

Cabinet Minute No. C2541 resolved that the Director of Environmental and Economic Regeneration in consultation with the Cabinet Member for Economic Development and Regeneration be given power to determine applications for lettings and management at the BSC.

 

The economic downturn had resulted in a reduction in the take up of property.  Other landlords were offering competitive reductions in workshop rentals, for initial periods of up to 12 months, in response to the effects of the recession.  In letting at a reduced rental, their exposure to costs such as business rates and service charges allocated to empty workshops and offices was reduced.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T future rental levels be reviewed annually.

 

(2)       T H A T the Director of Environmental and Economic Regeneration be granted authority to set rentals in line with Resolution (1) above, in consultation with the Cabinet Member for Economic Development and Regeneration.

 

(3)       T H A T the Director of Environmental and Economic Regeneration be given the power to reduce the rental offered to new tenants for an introductory period as a promotional tool or incentive, should market conditions call for it, in consultation with the Cabinet Member for Economic Development and Regeneration.

 

Reasons for decisions

 

(1)       To comply with the terms of the tenancy agreement.

 

(2&3)  To harmonise rental levels with those offered in the market place.

 

 

C919              CADOXTON HOUSE ADAPTATIONS (PHASE 1): TENDER ACCEPTANCE (L AND HCS) (SCRUTINY - CORPORATE RESOURCES) -

 

Approval was sought for an exception to Contract Standing Orders so as to permit acceptance of the lowest compliant tender under delegated authority.

 

Cabinet on 6^th January, 2010 resolved that a two year WAG Community Safety Capital Grant in the sum of £1,209,153.45, for the refurbishment of Cadoxton House be accepted.

 

The conditions attached to the grant offer stipulated that expenditure of £232,500.07 should be incurred and claimed in the 2009/10 financial year.  This was achieved with the execution of an advance works contract comprising external works, services, etc.

 

The remaining expenditure must be incurred and claimed before the end of March 2011.  

 

Property Section, who were undertaking the design and contract administration of this project, had recently redrafted the planned design / construction programme based on the latest available information.  The current estimated construction value of this project was approximately £800,000.  Contract Standing Order 9.1 grants Chief Officers delegated authority to accept tenders up to a maximum of £300,000.  Acceptance of tenders in excess of this amount lies with Cabinet.

 

The requirement to submit a report to Cabinet seeking acceptance of tenders over £300,000 can, on occasion, result in the award of a contract taking over a month longer than for tenders that are accepted by a Chief Officer using delegated authority. 

 

It was considered that granting the Director of Finance, ICT and Property, in consultation with the Cabinet Member for Housing and Community Safety and the Head of Public Protection, delegated authority to accept the lowest compliant tender (subject to it being within the available budget) would result in an additional 3 to 4 weeks being available for design / construction.  This would reduce the risk of not achieving a full spend of grant monies by WAG’s stipulated deadline.

 

Members were requested to ignore the words “on 13^th June 2011” as contained in paragraph 24 of the report.

 

This was a matter for Executive decision.

 

RESOLVED - T H AT, subject to it being within the available budget, the Director of Finance, ICT and Property, in consultation with the Cabinet Member for Housing and Community Safety, the Leader and the Head of Public Protection, be granted delegated authority to accept the lowest compliant tender in relation to Cadoxton House Adaptations (Phase 1).

 

Reason for decision

 

To assist in achieving a full spend of Welsh Assembly Government Community Safety Capital Grant before the specified deadline of the end of March 2011.

 

 

C920              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.

 

C921              PENARTH CENTRAL RENEWAL AREA: GROUP REPAIR PHASE 8C APPOINTMENT OF CONTRACTORS (HCS) (EXEMPT INFORMATION - PARAGRAPH 14) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Consent was sought for the appointment of contractors to undertake Phase 8C of the Group Repair Programme in the Penarth Central Renewal Area.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T, subject to the contractors providing satisfactory Health and Safety Plans for the construction stage and the required Performance Bonds, the tender of £334,317.00 from Vale Building Services Ltd for Phase 8C be accepted and that the Council enter into a contract with them to undertake Phase 8C of the Group Repair Programme for the Penarth Central Renewal Area.

 

Reason for decision

 

To enable progress on the Group Repair Programme.

 

 

C922              MAJOR REPAIRS ALLOWANCE (MRA) BUILDING PROGRAMME 2010/11 (HCS) (EXEMPT INFORMATION - PARAGRAPH 14) (SCRUTINY - HOUSING AND PUBLIC PROTECTION) -

 

Approval was sought:

 

-                      to extend the existing building contract for shower adaptation works in Council Housing stock funded by the Welsh Assembly Government Major Repairs Allowance (MRA) and Supported Borrowing

-                      for the use of the London Housing Consortium Network (LHC), a specialist procurement framework consortium set up for use by public sector organisations to meet targets for compliancy, efficiency quality and sustainability when procuring building products and services.

 

Historically the Council had not delivered housing adaptations in a timely manner and additional funding from supported borrowing was being used to reduce the backlog of adaptations for Council tenants.

 

The target for delivering shower adaptations was 9 months.  However, the current shower adaptation enquiry backlog dates from August 2009 with one particular case where the initial occupational therapist referral / enquiry dating back to 2006.

 

Two contractors were appointed in 2009/10 to carry out shower adaptation works as part of the Major Repairs Allowance Capital building programme but the procurement took 9 months to complete before shower adaptation works could commence.

 

It was proposed therefore to extend the existing contract of Apollo Property Services Group Limited to undertake shower adaptation works in 2010/11. 

 

Apollo provided a “Partnering Contractor” added value type service with a right first time approach, achieving 99% customer satisfaction, contractor design, local work force, customer choice, tenant liaison officers and provided the Council and its customers excellent value for money.

 

Extending this contract would enable tenants who have a disability to benefit from having specialist adaptations much sooner than traditional tendering would deliver and was likely to speed up the commencement of works on site by several months and provide an improved service to the Council’s tenants.

 

To enable the opportunity for more efficient procurement in the future, Cabinet were also requested to approve the use of the LHC Network which was a procurement framework for public sector building.

 

The use of the LHC Network would provide the Council with an improved choice of building solution  for building products and building contractors. 

 

The LHC Network was the UK’s largest specialist procurement consortium which offered a wide choice of products, services and contractors through OJEU compliant, pre-tendered framework arrangements.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the extension of the building contract with Apollo Property Services Group Limited be approved, and that the Council’s Contract Standing Orders be waived for them to undertake up to £330,000 of shower adaptation work in the Major Repairs Allowance Building Programme 2010/11.

 

(2)       T H A T the use of the LHC Network, a specialist procurement framework consortium set up for use by public sector organisations to meet targets for compliance, efficiency, quality and sustainability when procuring building goods or services, be approved.

 

Reasons for decisions

 

(1)       To assist in the efficient delivery of the Major Repairs Allowance Capital Building Programme for the year 2010/11.

 

(2)       To assist in the delivery of procuring building goods or services.