CABINET
Minutes of a meeting held on 18th
May, 2011.
Present: Councillor G.C. Kemp
(Chairman); Councillor T.H. Jarvie (Vice-Chairman); Councillors
Mrs. J.E. Charles, G.A. Cox, A.M. Ernest, A.D. Hampton, H.J.W.
James, R.L. Traherne and Mrs. D.M. Turner.
C1297
APOLOGY FOR ABSENCE -
This was received from Councillor P. Church;
the Leader indicated that he would convey Cabinet's best wishes to
Councillor Church's wife for a speedy recovery.
C1298
MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 13th April, 2011 be approved as a correct
record.
C1299
DECLARATIONS OF INTEREST -
The following Members declared an interest as
indicated below and vacated the room during consideration of those
items:
|
Councillor A.D. Hampton
|
Agenda Item No. 9 - Vale of Glamorgan Citizens
Advice Bureau -Trustee (not Council representative).
|
|
Councillor R.L. Traherne
|
Agenda Item No. 19 - Historic Battlefields
Consultation - landowner of possible battlefield site.
|
C1300
VOLUNTARY ACTION SCHEME PRIORITIES FOR FUNDING 2012/13 (REF - MIN
NO. 1129) -
The Voluntary Sector Joint Liaison Committee
had, on 13th April, 2011 considered the arrangements and
priorities for funding and had recommended the same as detailed
within the report and its appendices to Cabinet for approval.
This was a matter for Executive decision.
RESOLVED - T H A T the recommendation of the
Voluntary Sector Joint Liaison Committee be endorsed.
Reason for decision
To progress the Voluntary Action Scheme
2012/13.
C1301
VVB/VCVS MEMORANDUM OF UNDERSTANDING (REF - MIN NO. 1132)
-
The Director of the Vale Volunteer Bureau had
presented the report to the Voluntary Sector Joint Liaison
Committee on 13th April, 2011. She had stated that
the Memorandum of Understanding was a starting point for the
further development of closer working between the two organisations
with the ultimate goal of ensuring that any savings made were
re-focused on direct service delivery. The Committee had
subsequently referred the report to Cabinet for
information.
The Leader reiterated the comments he had made
as Chairman of that Committee in welcoming the report and the
collaboration as a positive way forward.
This was a matter for Executive decision.
RESOLVED - T H A T the closer working
arrangements of the Vale Volunteer Bureau and the Vale Centre for
Voluntary Services be noted and the organisations congratulated on
the work carried out to achieve that collaboration.
Reason for decision
To note the closer working practices in order
to ensure efficient and cost effective delivery of services and to
congratulate the organisations involved on their commitment to
develop and formalise further the existing close working
relationships.
C1302
USE OF CHIEF EXECUTIVE'S EMERGENCY POWERS (L) (SCRUTINY - AS
INDICATED BELOW) -
RESOLVED - T H A T the exercise of the Chief
Executive's Emergency Powers as indicated below be noted:
(a)
Authority to allow the recently allocated WAG grant to be added to
the Capital Programme for 2010/11 in respect of the Safer Vale
Partnership in the sum of £220,000 in respect of purchase of a
lease on 2-10 Holton Road, Barry.
(Scrutiny - Housing and Public Protection)
(b)
Authority to allow a recently allocated WAG in the sum of £13,000
to be added to the Capital Programme for 2010/11 in respect of the
Safer Vale Partnership towards the refurbishment of 2 - 10 Holton
Road, Barry.
(Scrutiny - Housing and Public Protection)
(c)
Authority to amend the undermentioned matters in respect of Penarth
Heights - Compulsory Purchase Order Cabinet Minute No. C949:
(i) Correcting
typing error on Cabinet Minute C949(1) that reads
"...Compulsory Purchase Order 2008" and should read
"...Compulsory Purchase
Order 2010 ..."
(ii) Serving the
Compulsory Purchase Order on only 5 Highview
Road, Penarth (the only remaining occupied residential unit)
(iii) Amending the title of the
said Compulsory Purchase Order
accordingly i.e. to read "Vale of Glamorgan Council (5 Highview
Road, Penarth) Compulsory Purchase Order 2010"
(Scrutiny - Corporate Resources)
(d)
Authority to allow the recently allocated WAG grant under its
Substance Misuse Action Fund in the sum of £73,425 to be added to
the Capital Programme for 2010/11.
(Scrutiny - Housing and Public Protection)
(e)
Authority to accept a tender in respect of Grass Cutting (Flail
Mowing) Highways Verges in the amount of £63,784.
(Scrutiny - Economy and Environment)
(f) Authority to
extend the existing Carriageway Renewal Contract from 31st March,
2011 for a period of no more than 3 months from this date with
Tarmac Limited.
(Scrutiny - Economy and Environment)
(g)
Authority to replace Councillor Mrs. A.J. Preston with Councillor
J.W. Thomas as a Member of the Planning Committee until the Annual
Meeting in May 2011.
(Scrutiny - Corporate Resources)
(h)
Authority to enter into a lease agreement, as freeholder, with the
University Local Health Board for the duration of three years in
regard to the occupancy of 26 Newlands Street, Barry.
(Scrutiny - Corporate Resources)
(i) Authority to
except Regional Transport Consortia Grant and Local Road Safety
Grant 2011/12 in the sum of £1.213m prior to 19th April, 2011 in
accordance with the conditions of acceptance set by WAG.
(Scrutiny - Economy and Environment)
Reason for decision
To be aware of the exercise of Emergency
Powers.
C1303
REPRESENTATION ON CARDIFF AND VALE COLLEGE BOARD OF GOVERNORS (L)
(SCRUTINY - CORPORATE RESOURCES) -
RESOLVED - T H A T the exercise of the Chief
Executive's Emergency Powers to approve Councillor A.D. Hampton's
nomination to the new Board to allow the Council to participate
fully in Board related meetings scheduled prior to 18th
May, 2011 be endorsed for a 4 year term.
Reason for decision
To ensure continuity of Council
representation.
C1304
MISCELLANEOUS BUILDINGS ASSET RENEWAL BUILDING PROGRAMME (L)
(SCRUTINY - CORPORATE RESOURCES) -
A prioritised list of schemes had been drawn
up by officers from the Property Section in consultation with
various departments to be funded from the Miscellaneous Buildings
Asset Renewal Budget of £200k. and a proposed programme was
appended to the report. It was noted that, should any
significant developments occur resulting in the omission of a
scheme, the inclusion of an additional scheme or 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 Miscellaneous Buildings Asset Renewal Budget as
appended to the report be approved.
Reason for decision
To set the programme and enable the
procurement process to proceed.
C1305
VALE OF GLAMORGAN CITIZENS' ADVICE BUREAU - FUNDING (L) (SCRUTINY -
CORPORATE RESOURCES) -
Approval was sought on the award of further
funding to the Vale of Glamorgan Citizens' Advice Bureau
(CAB). As the level of services to be provided were the same
as last year, it was proposed that further funding could be
provided in the sum of £162k. per annum as previously.
Details were contained within the report of the generalist advice
services to be provided, outlining those services to be run from
the Barry office, the service run from the outreach offices of
Llantwit Major and Penarth and by the peripatetic advice
worker. The CAB had also indicted that there would be closer
joint working with the Council's Social Services Department to
achieve financial savings.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T grant funding to the Vale of Glamorgan Citizens' Advice Bureau of
£162k. for the year commenced 1st April, 2011 be
approved in respect of generalist services as detailed in the
report.
(2) T H A
T a Deed of Grant for one year from 1st April, 2011 be
entered into with the Vale of Glamorgan Citizens' Advice
Bureau.
Reasons for decisions
(1) To
demonstrate the Council's commitment to the provision of the CAB
service in the Vale of Glamorgan.
(2) To
formalise the funding arrangements with the CAB.
C1306
CORPORATE PLAN 2010-14 PROGRESS REPORT/IMPROVEMENT PLAN 2011-12:
PART ONE (L) (SCRUTINY - ALL) -
The report summarised the progress made on the
actions contained in the Council's Corporate Plan 2010-14 and
outlined the requirement for Part One of the Improvement Plan
2011-12. The Corporate Plan, as approved by Council in May
2010, was appended to the report. It was noted that the
Corporate Plan was closely aligned to the current Community
Strategy and was structured around the five sections of the
Strategy plus two sections specific to the Council, namely
·
Children and Young People
·
Lifelong Learning
·
Community Safety
·
Regeneration
·
Health, Social Care and Wellbeing
·
Community Leadership
·
Corporate Resources.
The Corporate Plan was a key means of the
Council complying with the Local Government Measure 2009 which
required the Council to set 'improvement objectives' annually and
to demonstrate continuous improvement. Improvement objectives
had been set in all sections of the Corporate Plan and actions
identified to ensure those objectives were achieved. It was
noted that there were more than 100 actions within the Corporate
Plan and that those had been incorporated into relevant Service
Plans for 2011/12 which also reflected the improvement objectives
within the Corporate Plan. Progress against the Corporate
Plan actions would be incorporated in the monitoring of Service
Plans for 2011/12. An annual progress report would also be
presented to Cabinet each April. A number of actions had
already been completed or significant progress made since the
publication of the Plan as detailed in the progress column of
Appendix 2 to the report. Due to financial constraints, it
had now become necessary to delay or delete some activities which
were again detailed in the status column of Appendix 2. As
part of the development of the new Community Strategy a Unified
Needs Assessment had been undertaken bringing together data from
across the key partnerships to identify common themes and
supporting the 10 priority outcomes which provided a framework for
the Strategy. A consultation exercise on the draft Community
Strategy 2011-21 had been undertaken, details relating to which
were contained within the report.
In response to questions, the Operational
Manager (Corporate Policy and Communications) indicated that the
Plan would include target dates for the completion of projects and
further details relating to outcomes in future years, confirming
that it would be necessary to update the Plan as necessary to
reflect changes which were required to be made such as, for
example, the deletion of references to Metrix and the St. Athan
Development.
The monitoring of the Plan was a matter for
the Executive.
RESOLVED -
(1) T H A
T the progress made on implementing the Council's Corporate Plan
2010-14 as identified in Appendix 2 to the report be noted.
(2) T H A
T the need for some actions or timeframes to be amended as
highlighted in Appendix 2 to the report be endorsed.
(3) T H A
T the Improvement Objectives as contained in the Corporate Plan
2010-14 be re-affirmed.
(4) T H A
T the amendments be incorporated in the Part One Improvement Plan
2011-12.
(5) T H A
T the Chief Executive be authorised to use his Emergency Powers in
consultation with the Leader and the three other Group Leaders to
submit the Part One Improvement Plan to the Wales Audit Office.
Reasons for decisions
(1) To
ensure that the Corporate Plan is effectively monitored.
(2) To
enable Cabinet to consider any proposed changes to activities or
timeframes as detailed in the Corporate Plan.
(3) To
confirm that the Improvement Objectives are still valid.
(4&5) To progress Part One of the
Plan in view of the request to submit the Plan as soon as possible
after the start of the financial year.
C1307
CYMORTH/FAMILIES FIRST (L) (SCRUTINY - ALL) -
The Cymorth Grant aimed to provide a network
of targeted support for children and young people within the
framework of universal provision in order to improve the chances of
children and young people from disadvantaged families. WAG
had now announced the intention to direct the Cymorth Grant to
support an innovative, national programme of activity designed to
give effect to the Child Poverty Strategy. The new proposals
built on two Families First pioneer areas started in July 2010
which explored ways in which support for families, particularly
those who lived in poverty, could be developed and enhanced so that
services were more family focussed, bespoke, integrated, proactive,
intensive and reflective of local need. It was now
consequently proposed that Families First be introduced across
Wales in April 2012 and that a new Families First Fund replace
Cymorth.
It was noted that this was a transitional year
for the Cymorth Grant whilst arrangements were put in place during
2011/12 to support the introduction of Families First. From
March 2011 local authorities were required to demonstrate, where
appropriate, that their projects attracting Cymorth funding met the
key principles of Families First as set out in the draft Child
Poverty Strategy for Wales and related specifically to improving
integrated family support. The Children and Young Peoples
Partnership had been allocated £1,269,797 for 2011/12 and proposed
to fund 10 projects. One of those services would be the
emerging Families First initiative which would be developed in a
multi agency partnership focusing on specific areas and identified
families. Details of other projects were contained within the
report, it being noted that a further summary of each was provided
in the Cymorth Plan. An additional £250k. had been
transferred to the Revenue Support Grant and allocated by WAG to
the Children and Young Peoples Partnership to fund the
infrastructure of that organisation, co-ordination of all agency
responses to the National Service Framework for Children, Young
People and Maternity Services self assessment toolkit and the
participation of children and young people in decision
making.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Council continue to act as lead body for the Cymorth/Families
First Grant available to the Children and Young Peoples
Partnership.
(2) T H A
T a further report be submitted to Cabinet on the proposed
utilisation of the WAG grant and that the report contain details of
any changes to the schemes as currently proposed.
Reasons for decisions
(1&2) To ensure awareness of the
continuing financial and legal responsibilities undertaken by the
Council as grant recipient body on behalf of the Children and Young
Peoples Partnership.
C1308
CABINET FORWARD WORK PROGRAMME MAY TO JULY 2011 (L) (SCRUTINY -
CORPORATE RESOURCES) -
Details were presented of the Forward Work
Programme for the period May to July 2011 and those reports still
to be received from the January to April 2011 programme.
The Cabinet Member for Visible Services
updated Members by indicated that a report on an Allotments
Strategy would be considered by Cabinet on 20th July,
2011.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Cabinet Forward Work Programme for May to July 2011 as
amended above be noted.
(2) T H A
T the reasons supplied by officers for the non-submission of the
items from the previous Programme (January to April 2011) be
noted.
Reasons for decisions
(1&2) To comply with the
requirements of the Local Government Act 2000, subordinate
legislation and the Council's Constitution.
C1309
LOCALISM BILL (LPP) (SCRUTINY - CORPORATE RESOURCES) -
The Bill, which applied in part to Wales,
aimed to devolve greater powers to Councils and neighbourhoods and
give local communities control over decision making. The Bill
proposed laws which would affect Wales in the following three
ways:
·
framework powers that would devolve legislative competence to the
National Assembly for Wales (NAW)
·
provisions that would apply to England and Wales
·
provisions which required a legislative Consent Motion by NAW.
It was noted that, as most of local government
was devolved in Wales, the nature of the final legislation would
likely result in an even greater diversion in the policy and legal
positions of England and Wales. In addition, the Local
Government Measure, soon to be brought into force by WAG, would
serve to establish a distinct policy approach across a wide range
of Local Authority responsibilities and democratic functions, some
of which sought to achieve the opposite policy intentions to the
provisions within the Bill which would apply in England.
Further details were contained within the
report of the three ways in which the Bill would affect Wales, as
summarised below:
Framework Powers -
·
local referenda on proposed Council Tax increases and revaluations
- Ministers would have power to give directions to local
authorities proposing an increase in Council Tax beyond the ceiling
set by WAG to face a referendum automatically of all the registered
voters in their area
·
planning and enforcement - provision to introduce legislation in
relation to development management and enforcement functions
exercised by Welsh Ministers and local authorities
·
Housing Revenue Account (HRA) - provision to introduce legislation
in relation to Local Authority Housing Finance.
Provisions that apply to England and
Wales -
·
pre-determination - to ensure that Councillors were not prevented
from taking part in decisions where they had expressed a view on
related issues and enabled them to campaign and represent their
constituents and take part in decisions
·
general powers and charging powers for Fire and Rescue Authorities
- give stand-alone Authorities wider general powers with greater
freedoms and flexibility to act in the interests of delivering
their purpose
·
business rate supplements ballot - all future business rate
supplements, where they contributed to the funding of certain
projects, would have to be put to the ballot so that liable
businesses could decide whether to impose the business rate
supplement upon themselves
·
discretionary power for local authorities to grant business rate
discounts - to enable local authorities to respond locally to the
concerns of local businesses
·
right for communities to bid to take over community assets - a duty
on local authorities to maintain a list of land in its area which
was of community value to allow, inter alia, community
organisations greater opportunity to identify and bid for assets of
value to them
·
modifying the Community Infrastructure Levy (CIL) - provisions that
dealt with the evidence base for settling the CIL and the powers of
the independent inspector, and to require charging authorities to
allocate a meaningful proportion of their levy revenues raised in
each neighbourhood back to that neighbourhood
·
abolition of the Infrastructure Planning Commission (IPC) - instead
of the IPC, a Major Infrastructure Planning Unit (MIPU) would be
created and form part of the Planning Inspectorate for England and
Wales.
Provisions which require a legislative
Consent Motion by NAW -
·
senior pay policy statements - authorities would be required to
approve and publish rules on setting pay for senior staff, any
attempt to depart from the rules requiring a vote in full
Council
·
abolish the duty to promote local democracy - the duty required
local authorities to promote understanding amongst the public of
bodies within their area in terms of what those bodies did and
their democratic arrangements and how the public could take part in
those arrangements (although the relevant legislation had not been
brought into force in Wales and had only been brought into partial
force in England)
·
abolish petitions duty - the duty required local authorities to
make, publicise and comply with a scheme for handling both paper
and electronic petitions, although the legislation had not been
brought into force in Wales
·
homelessness - changes to the homelessness duty would mean Councils
could offer people private sector accommodation instead of being
obliged to offer social housing
·
abolish Home Information Packs (HIPs) - although HIPs would be
abolished the requirement for Energy Performance Certificates would
remain.
The Director of Legal, Public Protection and
Housing Services indicated that no timescale could be given for the
implementation of the Bill.
This was a matter for Executive decision.
RESOLVED - T H A T the proposals in the
Localism Bill be noted.
Reason for decision
To note the implications for the Council in
the proposed legislation.
C1310
EXCESS MILEAGE (HRE) (SCRUTINY - CORPORATE RESOURCES)
-
Her Majesty's Revenue and Customs (HMRC) had
increased the rate for approved business mileage allowance for
employees utilising their own vehicles for business use from 40
pence to 45 pence per mile with effect from 6th April,
2011 for the first 10,000 miles of business travel. The
proposed 45 pence rate was the rate that the HMRC deemed to be a
'non-profit' rate, employees paid the HMRC rate avoiding tax.
In 2006 Cabinet had approved excess travel payments of either the
essential car user rate (if applicable) or a flat mileage 40 pence
rate. It was noted that claims from employees in respect of
home to office travel remained liable for tax. It was
therefore proposed that the flat mileage rate for excess travel be
increased from 40 pence to 45 pence per mile in line with the
increase in the Inland Revenue rate and that, in future, a flat
mileage rate be linked to any future changes in the HMRC rate.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the increase from 40 pence to 45 pence per mile for the flat
mileage rate for excess travel be approved with effect from
6th April, 2011.
(2) T H A
T, in future, the flat rate excess travel mileage allowance be
fixed in line with the HMRC 'tax free allowance' rate.
Reasons for decisions
(1) To
review the rate and application of the payment of excess
mileage.
(2) To
ensure consistency with the HMRC rate.
C1311
WELSH LANGUAGE SCHEME ANNUAL MONITORING REPORT 2010-11 (HRE)
(SCRUTINY - CORPORATE RESOURCES) -
Details were presented of the annual report
and an update to the Welsh Language Board on the achievement of
actions within the Welsh Language Scheme. The report for
2011, as appended to the report, included key areas where the
Council had improved. It was noted that actions not completed
would be included in the new scheme which would be submitted to
Cabinet in June.
This was a matter for Executive decision.
RESOLVED - T H A T the report be approved for
submission to the Welsh Language Board by 30th June,
2011.
Reason for decision
In order to provide the required information
to the Welsh Language Board.
C1312
GRANT FUNDING FOR CAPITAL MAINTENANCE AND INVESTMENT IN SCHOOLS
(ELL) (SCRUTINY - LIFELONG LEARNING) -
Notification had been received from WAG in
February 2011 of an additional allocation in respect of capital
maintenance and investment in schools, the allocation for the Vale
of Glamorgan being £625,499. Local authorities had been
advised that any funding not spent by 31st March, 2011
would be lost and, consequently, due to the very short timescale
within which to submit proposals and spend the additional funding,
it was decided to allocate the funding to Cowbridge Comprehensive
School to offset partly the allocation of Vale capital funding to
the scheme in 2010/11. The proposals were approved on the
proviso that £625,499 of the Vale's capital funding would be
carried forward for the purpose of funding capital maintenance and
investment in schools. It was noted that the late
notification of the additional grant funding had prevented its
inclusion in the Capital Programme 2011/12 - 2015/16.
Within the report on the Final Capital
Programme Proposals 2011/12 issues relating to Llantwit Major
Comprehensive School Resource Centre and the Barry Comprehensive
School Art Block had been highlighted. £300,000 to provide
demountable accommodation to replace the Llantwit Major
Comprehensive School Resource Centre had been included in the
Capital Programme but it was indicative only and not until
2012/13. Ongoing feasibility discussions with the school had
resulted in alterations to the main school building being
identified as a favoured option to replace the Resource Centre
which should also enable other urgent refurbishment work to be
carried out within the funding allocated. As regards the
Barry Comprehensive School Art Block, a provisional estimate for
replacing the building was a minimum of £1.5m. The scheme was
not included in the Capital Programme as further work was required
on the options both to resolve the problem and identify sources of
funding. It was therefore proposed that the £325,499 balance
of funding be set aside for the replacement of Barry Comprehensive
School Art Block pending the identification of further funding for
the scheme. It was noted that a further report would be
submitted to Cabinet on the funding issue before any decision to
proceed was made.
RESOLVED -
(1) T H A
T the receipt of £625,499 grant funding from WAG for capital
maintenance and investment in schools be noted.
(2) T H A
T the scheme included in the indicative Capital Programme for
Llantwit Major Comprehensive School (£300,000) be recommended to
Council for approval and brought forward to 2011/12.
(3) T H A
T the Council be recommended to approve the transfer of £325,499 to
the School Investment Strategy Reserve towards the replacement of
Barry Comprehensive School Art Block.
(4) T H A
T, in order to expedite progress, the Chief Executive be requested
to use his Emergency Powers to give effect to Resolutions (2) and
(3) above.
Reasons for decisions
(1) To be
aware of the additional £625,499 capital funding allocation.
(2) To
maximise the allocation of funding to priority areas.
(3) To
reserve the funding pending identification of the full amount
required to fund the scheme.
(4) To
expedite progress.
C1313
WELSH ASSEMBLY GOVERNMENT CONSULTATION ON DRAFT TECHNICAL ADVICE
NOTE 20 - PLANNING AND THE WELSH LANGUAGE (PT) (SCRUTINY - ECONOMY
AND ENVIRONMENT) -
WAG's planning policy on the Welsh language
was set out in Section 4.12 of Planning Policy Wales (PPW),
currently supported by other Technical Advice Notes (TAN).
The revised TAN 20 sought to fulfil WAG's One Wales objectives and
to provide additional guidance on how Welsh language considerations
should be taken into account by local planning authorities when
Local Development Plans (LDPs) were prepared.
In brief, the main changes that WAG were
consulting on included:
·
the role of the LDP and the Welsh language
·
the integration of Welsh Language Impact Assessments (WLIA) with
Sustainability Appraisal and Site Assessment, and additional
guidance
·
consideration of the impact on the use of the Welsh language when
identifying alternative development sites in the LDP
·
monitoring arrangements for impact on the Welsh language
·
ways to mitigate impact on the Welsh language
·
the role of the Community Infrastructure Levy (CIL).
Further details in respect of each of the
above were contained within the report. Appended to the
report was a proposed response to the consultation.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the responses attached at Appendix A to the report be approved as
the Council's formal response to the consultation and the revised
version of TAN 20.
(2) T H A
T a copy of the report be submitted to the Planning Committee for
information purposes.
Reasons for decisions
(1) To
obtain approval to submit the attached consultation response on the
draft TAN 20 to WAG by 13th June, 2011.
(2) To
ensure that the Planning Committee is informed of consultation on
the draft TAN 20.
C1314
WELSH ASSEMBLY GOVERNMENT CONSULTATION - REVIEW OF DIRECTIONS
REQUIRING PLANNING APPLICATIONS TO BE REFERRED TO WELSH MINISTERS
(PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
The consultation proposed changes to the
existing system of Directions that require local planning
authorities to refer certain applications to the Welsh Ministers
before making their decision if they were minded to approve the
applications. The consultation document (as appended to the
report) indicated that the reason for the consultation was that WAG
wished to reduce the number of applications which were required to
be referred to Welsh Ministers, thereby reducing the burden on
local planning authorities. As a consequence of a review
undertaken by WAG, it was proposed that all previous Directions be
replaced by a new Direction, entitled 'Notification Development'
comprising of the three following forms of development:
·
flood risk area development
·
departure development
·
aggregates extractions from areas of acknowledged landscape
importance.
A proposed response to the consultation was
also appended to the report, the report itself making it clear that
the review was very welcome as it consolidated and brought up to
date the current position.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the responses as appended to the report be approved as the
Council's formal response to the Consultation Paper.
(2) T H A
T a copy of the report be submitted to the Planning Committee for
information purposes.
Reasons for decisions
(1) To
enable Cabinet to respond by the required date of 13th
June, 2011.
(2) To
ensure that the Planning Committee is informed of the consultation
on the review of Directions.
C1315
HISTORIC BATTLEFIELDS CONSULTATION (PT) (SCRUTINY - ECONOMY AND
ENVIRONMENT) -
Chapter 6 of Planning Policy Wales (PPW)
contained WAG's policies for the historic environment. The
aforementioned consultation document set out Cadw's proposed
policies for inclusion in an updated edition of PPW relating to
significant historic battlefields in respect of their
identification and protection, the management of change and
development within them, and the implementation of policies related
to them. Currently battlefields had no protection. WAG
proposed that Cadw should compile and maintain a Register of
Historic Battlefields in Wales, comprising a list of battlefields
considered to be of national importance. It was further
proposed that the Register would be non-statutory. WAG wished
to ensure that nationally important battlefields were fully
considered in the processes of development and land use
management. WAG was, therefore, encouraging planning
authorities to recognise nationally important battlefields in the
development planning process to ensure that impacts upon them were
a material consideration in development management and to develop
specific policies to achieve that aim through the LDP. The
proposal was to establish a two tier system within the Register,
namely Tier 1 sites being those battlefields identified as being of
national importance and whose boundaries and geographical extent
could be confined with confidence, and Tier 2 sites being those
battlefields identified as being of national importance that can be
confidently located to a specific area but where the nature of the
evidence was not so extensive. A proposed response to the
consultation document was appended to the report
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the response to Cadw as appended to the report be approved as the
Council's formal response to the consultation document.
(2) T H A
T a copy of the report be presented to the Planning Committee for
information.
Reasons for decisions
(1) To
provide the Council's comments to Cadw by 10th June,
2011.
(2) To
ensure that the Planning Committee is apprised of the publication
of the consultation document.
C1316
REGIONAL TRANSPORT CONSORTIA GRANT (RTCG) AND LOCAL ROAD SAFETY
GRANT (LRSG) AWARD 2011/12 (PT) (SCRUTINY - ECONOMY AND
ENVIRONMENT) -
Road Safety Grant had been first introduced in
2000/2001, funding numerous engineering projects aimed at improving
road safety as well as providing road safety education, training
and publicity. In 2010/11, funding was also granted through
the Regional Transport Consortia to provide for capital transport
infrastructure. That funding mechanism had replaced the
Transport Grant process for major projects.
The Regional Transport Plan (RTP) was adopted
in 2009 by WAG and funding was sought through the bidding process
for Regional Transport Consortia Grant (RTCG) for 2010/11 to start
the first year of a five year delivery programme of the RTP.
WAG required the Regional Consortia to bid for funding annually
and, for this year, the South East Wales Transport Alliance (SEWTA)
had been awarded in excess of £8m. WAG also announced in late
January 2011 that it would not be offering Local Road Safety Grant
(LRSG) direct to local authorities and required the Regional
Consortia to bid for funding for specific schemes. The bid
submitted included all education elements currently delivered along
with a number of priority road safety engineering schemes. A
reserve list was also required in the event that the allocations
were underspent later in the year and/or more funding was released
for schemes. It was noted that the engineering schemes funded
by the current year's grants had been progressed since April 2011
to ensure deliverability within the financial year.
The total amount of grant available to the
Council for 2011/12 was £1,213,000. Of that, £273k. had been
allocated to the Council by the LRSG and £940k. would be used for
RTG schemes. Further details in respect of the way in which
the allocations had been made were contained within the
report.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the content of the report be noted.
(2) T H A
T the acceptance of the grants referred to in the report by the
Director of Environmental and Economic Regeneration and the
Director of Finance, ICT and Property be endorsed.
(3) T H A
T both the Regional Transport Consortia Grant and the Local Road
Safety Grant be included in the Council's Capital Programme for
2011/12.
Reasons for decisions
(1) To
advise Members of the new procedures, terms and conditions of the
LRSG and RTCG.
(2) To
endorse the actions of the Director of Environmental and Economic
Regeneration and the Director of Finance, ICT and Property which
were taken to meet the WAG deadline of 29th April,
2011.
(3) To
enable the Council's Capital Programme for 2011/12 to reflect the
grants awarded to the Council by WAG.
C1317
PLANNING IMPROVEMENT FUND FOR LOCAL PLANNING AUTHORITIES 2011-12
(PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -
Planning Improvement Fund had again be made
available for 2011/12 however, unlike previous years, WAG had set
priorities for funding as detailed in Appendix A to the
report. The report summarised the availability of funding as
outlined below:
·
A maximum of £15k. per authority was being made available for
Development Management Service Improvement.
·
A maximum of £45k. per authority was being made available for an
authority with an adopted Development Plan in place. It was
estimated that approximately £20k. would be available for this
Council since this Council was progressing its LDP and already had
a UDP.
·
A maximum of £30k. per authority would be available to progress key
policy priorities and bids would be compiled with the aim of
receiving the maximum £30k. available.
·
A maximum of £20k. was available for supporting technical
assistance in respect of major wind farm applications and renewable
energy and waste treatment projects.
Notification of approval in principle of these
submissions was anticipated by 30th June,
2011.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the terms of the Planning Improvement Funding available for
2011/12 be noted and the submission of claims for funding
approved.
(2) T H A
T a copy of the report be presented to the Planning Committee for
information purposes.
Reasons for decisions
(1) To
apprise Cabinet of the terms of the Planning Improvement Fund
available for 2011/12 and to allow claims to be submitted to
WAG.
(2) To
apprise the Planning Committee of the terms of the Planning
Improvement Fund.
C1318
BARRY REGENERATION AREA: PROJECT DEVELOPMENT FUND 2011-12 (EDR)
(SCRUTINY - ECONOMY AND ENVIRONMENT) -
£300,000 had been allocated for 2011/12 which
was used for feasibility, design, project management and
implementation work which usually levered in capital funding from
WAG's Barry Regeneration Area programme and from other external
funding streams. In the first year of the Barry Regeneration
Area Programme (2010/11), WAG established a Partnership Board which
had put forward a range of projects. Those projects
represented the initial phase of the Barry Regeneration Area
Programme and were identified in the draft Themes and Priorities
document which was appended to the report.
Following a period of stakeholder engagement
facilitated by WAG, it was understood that the Partnership Board
would use the finalised Themes and Priorities document as a
platform for new actions to develop and deliver future improvements
for the town. Approval was therefore sought to utilise the
£300,000 to fund the actions and activities detailed in paragraph 4
of the report and outlined below in 2011-12:
·
Barry Island Station replacement footbridge: £100k.
·
Innovation Quarter: £40k.
·
Vale Heritage Centre: £10k.
·
Project Management Unit: £60k.
·
Economic Development Unit: £24k.
·
Landscape Design Service: £35k.
It was noted that the above sums totalled
£269,000 and authority was sought to allow the unallocated £31,000
to be held in abeyance as a contingency. It was also proposed
that the Director of Environmental and Economic Regeneration, in
conjunction with the Cabinet Member for Economic Development and
Regeneration, be authorised to amend the programme of actions and
activities should circumstances necessitate.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the actions and activities outlined above and identified in
paragraph 4 of the report and associated expenditure be
approved.
(2) 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 appointment of
external advisers where required.
(3) 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 external advisers to be appointed where
required.
(4) T H A
T the Director of Environmental and Economic Regeneration in
conjunction with the Cabinet Member for Economic Development and
Regeneration be authorised to make amendments to the programme of
actions and activities identified in paragraphs 4 and 5 and
associated expenditure during the course of 2011/12 where
required.
Reason for decisions
(1-4) To allow actions and
activities to be undertaken in this financial year and maximise the
leverage of capital funding from external sources.
C1319
RECONFIGURING MANAGEMENT ARRANGEMENTS IN ADULT SOCIAL CARE (SCS)
(SCRUTINY - SOCIAL CARE AND HEALTH) -
Cabinet was reminded that the 2011/14 Social
Services Change Plan set out the need for further changes in the
management structure for the Adult Social Care Division. It
was considered especially important that any new proposals created
improved opportunities for greater collaborative working with NHS
colleagues and much work had been done by this Council with the new
UHB and Cardiff Council to take forward the opportunities for
collaborative working.
Both the current and proposed structures were
appended to the report. It was considered that the proposed
structure would facilitate an integrated management team across the
Adult Social Care Division within the Council and the Vale Locality
within UHB. The main change to the structure was the creation
of two new Operational Manager posts jointly with Cardiff Council,
one for Learning Disability services and one for Mental Health
services. One new Operational Manager post would be created
solely for the Vale, the post providing the social care operational
lead for locality working with the UHB in the areas of Physical
Disability and Older People. It was noted that all existing
Operational Manager posts in the Adult Services Directorate would
be deleted. Further details were contained within the
report.
The reconfiguration of services was intended
to share the skills, knowledge and experiences of staff across
localities and client groups to ensure the most efficient and
effective intervention for service users and carers, managing both
the volume of demand and the complex nature of assessment and care
management processes. The point was made that effective
workload management involved reducing organisational barriers to
ensure that work was allocated appropriately, both quantitatively
and in accord with the level of skills and experience on the part
of individual staff. The new structure would facilitate a
unified approach, enabling an improvement in capacity to prevent
delays in allocating new referrals and to manage scheduled and
unscheduled reviews more effectively through the introduction of
new processes. It was noted that the proposed reconfiguration
would be undertaken in accordance with appropriate Council Human
Resource policies and involve full and ongoing consultation with
recognised Trade Unions and relevant staff groups. Further
details in respect of the staffing issues were contained within the
report. It was noted that the proposed reconfiguration would
enable the Directorate to achieve the efficiency savings agreed
within the budget for 2011-12.
This was a matter for Executive decision.
RESOLVED - T H A T the proposed new structure
be endorsed.
Reason for decision
To ensure that the management structure for
Adult Social Care delivers leadership and direction for all social
services functions, fulfil statutory roles and organisational
requirements and enable managers to continue tackling the need for
efficiency savings within the budget.
C1320
MAJOR REPAIRS ALLOWANCE (MRA) BUILDING PROGRAMME 2011/12
(L&HCS) (SCRUTINY - HOUSING AND PUBLIC PROTECTION)
-
The MRA amount had been based on the latest
'potential' grant allocation 2011/12. The Director of
Finance, ICT and Property in consultation with the Cabinet Member
responsible for Finance, had delegated authority to make additions,
deletions or transfers to or from the 2011/12 Capital Programme as
appropriate in order to maximise expenditure on the
Programme. The proposed programme, totalling £2,980,000 was
appended to the report. It was noted that the Director of
Finance, ICT and Property had authority to implement changes to the
programme should significant developments occur.
This was a matter for Executive decision.
RESOLVED - T H A T the proposed schemes to be
funded from the Housing Improvement Programme as listed in the
Appendix to the report be approved.
Reason for decision
To set the programme and assist in the
efficient delivery on the Housing Improvement Programme for
2011/12.
C1321
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.
C1322
UPDATING REPORT ON THE COUNCIL'S ACTIONS ON THE CLOSURE OF THE VALE
OF GLAMORGAN MAGISTRATES COURT (L) (SCRUTINY - CORPORATE RESOURCES)
-
(Urgent by reason of this being the
last Cabinet before the permission hearing for the Judicial
Review)
Members were updated of an application for
leave to commence Judicial Review proceedings being issued in the
Administrative Court in Cardiff against the decision of the
Ministry of Justice to close the Vale of Glamorgan Magistrates
Court. The hearing was listed at the Administrative Court in
Cardiff on 8th and 9th June, 2011. It
was noted that a similar challenge had been issued against the
closure of Sittingbourne Magistrates Court which was listed in the
Administrative Court in London on 23rd May, 2011 and the
Council's Legal Department would continue to monitor the progress
of that case and any potential bearing the decision might have on
the Council's case. It was further noted that a conference
was due to take place with Counsel to give further consideration to
the evidence of the Ministry of Justice and the merits of the
action. In respect of the resource implications for closure,
it was considered that the closure of the Vale of Glamorgan
Magistrates Court had significant repercussions for various
Departments across the Council. The closure would result in
effectively cost-shunting from the Ministry of Justice to the
Council officers spending more time out of the office travelling
and associated travel parking/waiting costs. Furthermore,
residents of the Vale of Glamorgan would also be put to increased
expense. The cost to date in respect of the legal challenge
had been met by the Legal Services budget which would be kept under
review, the Head of Finance being regularly updated due to the
corporate nature of the challenge.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the Council continue to contest the decision of the Ministry of
Justice to close the Vale of Glamorgan Magistrates Court
robustly.
(2) T H A
T, subject to the merits of the action, the Director of Legal,
Public Protection and Housing Services progress with the
application for a Judicial Review should leave be granted.
Reason for decisions
(1&2) Whilst robust representations
were submitted by the Council as part of the Ministry of Justice's
consultation on the 'proposal of the provision of Court services in
Wales', the Ministry of Justice announced its decision to merge the
Vale of Glamorgan and Cardiff Local Justice Areas on
14th December, 2010 and to close the Vale of Glamorgan
Magistrates Court.
C1323
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.
C1324
JENNER PARK PRIMARY USERS 2011-12 (TL) (EXEMPT INFORMATION -
PARAGRAPHS 12, 13, 14 AND 16) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Only one acceptable bid had been received.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T Cadoxton Barry Football Club be appointed as the primary user at
Jenner Park for the 2011/12 season subject to agreeing such terms
and conditions as deemed appropriate by the Director of Legal,
Public Protection and Housing Services in conjunction with the
Director of Environmental and Economic Regeneration and the
Director of Finance, ICT and Property.
(2) T H A
T the Director of Environmental and Economic Regeneration in
agreement with the Leader and the Cabinet Member for Tourism and
Leisure be granted delegated powers to accept a second primary user
at Jenner Park for the 2011/12 season if any further applications
were received prior to the commencement of the 2011/12 season.
(3) T H A
T the Director of Environmental and Economic Regeneration in
agreement with the Cabinet Member for Tourism and Leisure be
granted delegated powers to accept other bookings for 2011/12
season at Jenner Park upon such terms and conditions as the said
Director deemed appropriate.
(4) T H A
T the process for selecting primary users for Jenner Park for the
2012/13 season be repeated with bids again being reported to
Cabinet for consideration.
(5) T H AT
a minimum bid price of £275.00 be set for selecting primary users
for the 2012/13 season.
(6) T H A
T, as the primary user of Jenner Park, no games of Cadoxton Barry
Football Club be allowed to be called off in favour of any other
fixture irrespective of any higher bids which might subsequently be
received.
Reasons for decisions
(1-5) To make the best use
of Council assets and safeguard the Council's position.
(6) To
ensure primary users status.
C1325
PENARTH PIER PAVILION - PENARTH ARTS AND CRAFTS LTD. (EDR) (EXEMPT
INFORMATION - PARAGRAPH 14) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
Cabinet was updated on the bids submitted to
the Heritage Lottery Fund and the Big Lottery Community Asset
Transfer Fund by Penarth Arts and Crafts Ltd (PACL).
The financial implications of the project
would be a commitment to £800,000 as set out in the Capital
Programme to contribute to both the capital costs of the PACL works
and the works required to upgrade the wing shops and to be incurred
in the 2011-13 period dependent upon the other funding approvals
from the Heritage Lottery Fund and the Big Lottery Community Asset
Fund. In addition, a capital grant of up to £70,000 would
have to be provided in Year 7 of the project to cover the external
maintenance cost estimate and it was noted that, if approved, the
revenue implications would amount to £20,000 per annum for a period
of five years.
In order to protect the Council's position in
regard to any funding contributions, PACL would be required to
enter into appropriate deeds of grant prior to any monies being
released. In addition, the Council would place a legal charge
over the lease to protect its investment and allow the Council to
step in and control the project if necessary. In order to
protect the Council's position in regard to regeneration works to
the Pavilion, PACL would be required to enter into an agreement for
lease with the Council.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the provision of a grant, to a maximum of £800,000 as set out in
the Capital Programme, to Penarth Arts and Crafts Ltd. towards
capital costs associated with the project and based upon an
appropriate funding agreement be approved.
(2) T H A
T the draft Heads of Terms be endorsed and officers authorised to
make variations to the terms as necessary subject to the agreement
of the Leader and the Cabinet Member for Economic Development and
Regeneration.
(3) T H A
T the terms of revenue support to Penarth Arts and Crafts Ltd. for
the first five years of the project, amounting to £20,000 per
annum, be agreed.
(4) T H A
T the terms of the first tranche of external repairs as set out in
the project's Maintenance Plan schedule for year 7 be agreed, that
sum not to exceed £70,000.
(5) T H A
T negotiations with existing tenants of the wing shops adjacent to
the Pavilion be authorised in order to enable improvement works on
adjacent buildings.
(6) T H A
T the Director of Legal, Public Protection and Housing Services in
consultation with the Director of Finance, ICT and Property be
authorised to prepare, vary, complete and execute the necessary
grant, licence and lease agreements with Penarth Arts and Crafts
Ltd. on such terms and conditions as they deem appropriate after
consultation and agreement with the Leader and the Cabinet Member
for Economic Development and Regeneration.
Reasons for decisions
(1) To
ensure that sufficient financial resources are available in support
of the project and as set out in the bids submitted by Penarth Arts
and Crafts Ltd. to the Heritage Lottery Fund and the Big Lottery
Community Transfer Fund.
(2) To
enable officers to complete negotiations in respect of the Heads of
Terms and lease arrangements.
(3) In
order to provide revenue support to the project in the first five
years of its operation and in support of the significant capital
investment that will have been invested by the Council and Lottery
Funds.
(4) To
provide a commitment by the Council in its capacity as freeholder
to assist PACL with regards the maintenance of the external fabric
of the Pavilion.
(5) The
wing shops are protected tenancies under the provisions of the
Landlord and Tenant Act 1954 and as such will not be subject to any
works carried out under the project. PACL's detailed scheme
as submitted to HLF however included an upgrade of the wing shops.
As such, it will therefore be necessary for the Council to
meet the cost of any related improvements to the wing shops.
(6) To
formalise legally all grant funding and lease arrangements between
the Council and PACL.