Minutes of a meeting held on 3rd September 2012.


Present:  Councillor N. Moore (Chairman); Councillor S.C. Egan (Vice-Chairman); Councillors Ms. B.E. Brooks, R.F. Curtis, and G. John.


Apologies:  Councillors L. Burnett, C.P.J. Elmore


Also Present: Councillor C.P. Franks


C1812                        MINUTES -


RESOLVED - T H A T the minutes of the meeting held on 30th July, 2012 be approved as a correct record.



C1813                        DECLARATIONS OF INTEREST -


No Declarations of Interest were received.


C1814                        JOINT CONSULTATIVE FORUM –


The following minutes of a meeting held on 9th July, 2012 were submitted:


Present:  Councillors K. Hatton, F.T. Johnson, Mrs. M. Kelly Owen and G.H. Roberts.


Representatives of the Trade Unions: 


Mr. P. Carter, Mr. G. Moseley, Ms. S. Rees and Ms. G. Southby (Unison); Mr. G. Beaudette (NUT); Mr. T. Cox (NASUWT); Mr. T. Greaves and Mr. N. Stokes (GMB) and Mr. N. Patterson (UNITE).


(a)       Appointment of Chairperson -


AGREED – T H A T Councillor G.H. Roberts be appointed Chairperson for the duration of the current administration.


(b)       Apologies for Absence -


These were received from Councillors G. John, A.G. Powell and Mrs. A.J. Preston; Mr. N. Hart, Mr. R. Hughes and P. Whitcombe.


(c)        Notification from the Trade Unions of the Name of the Vice-Chairperson-


AGREED – T H A T it be noted that Ms. G. Southby had been appointed Vice-Chairperson.



(d)       Minutes and Matters Arising -


AGREED – T H A T the minutes of the meeting held on 5th March, 2012 be accepted as an accurate record subject to the following amendment within Minute No. (d)(ii) – the name of the Primary School referred to in the first sentence should read Oak Field. 


The following matters were referred to under “Matters Arising”:


·                    Facility time: Mr. Carter expressed his disappointment that the aforementioned matter, which had been identified in January 2010 and had been previously discussed at two meetings of the Forum, had yet to be resolved.  He indicated that formal agreement was required.  The Head of Human Resources confirmed that he had had detailed discussions with regional officers from both UNISON and GMB when all had agreed that there were wider issues to discuss than facility time.  He confirmed that he was meeting the two Regional Officers next Tuesday (17th July) when issues in relating to the employer / employee relationship would be further discussed.  The Head of Human Resources also indicated that he had discussed the matter with Mr. Patterson as Secretary of UNITE.  Mr. Carter reiterated his view that facility time was a major issue, as was the attitude of some managers in respect of releasing trade union officers to undertake their representational role.  Mr. Carter referred again to the need for a proper facility time agreement covering all trade unions and trade union representatives and for clarification of grass root trade union facility time entitlements and not just that of the Secretaries.  In conclusion, the Head of Human Resources confirmed that he was meeting with the Regional Officers from UNISON and GMB the week after this meeting and that Branch Secretaries were welcome to attend.


·                    Facility time for national office: Mr. Cox referred to this issue having been first been raised in 1999 when he had taken up office as a National Executive Member.  He stated that the meeting which had been scheduled for April had not taken place until June and that the draft report referred to in the minutes had not been circulated n advance of that meeting.  He reiterated the need for a formal written policy to be in place in respect of facility time in the interests of clarity and asked for a commitment that, whilst recognising that a short-term solution had been identified, the matter would be resolved as soon as possible.  The Head of Human Resources gave that commitment.


·                    Concerns regarding agency staff: in response to queries, the Corporate Health and Safety Officer confirmed that she would provide evidence to the trade union Secretaries as to the training received by agency staff prior to their commencing work with the Council.



(e)       Directorate Consultative Groups -


            Social Services


The minutes of the Consultative Group meetings for Social Services held on 23rd January, 27th February, 26th March and 23rd April, 2012 were submitted for consideration.  Mr. Carter referred to page 7 of the minutes and to concerns expressed therein relating to the costs of agency staff and to the implications thereof for permanent members of staff.  He confirmed that the issue of agency staff would be placed on forthcoming Social Services Directorate Consultative Group agendas.


(f)         Minutes of Corporate Health and Safety Committee – 18th June, 2012


Mr. Cox referred to item no. 7 which related to the statistics reported regarding accidents/incidents to staff, commenting that no reports had been made of verbal abuse in schools between April 2011 and March 2012.  The Corporate Health and Safety Officer stated that staff were encouraged to report all such incidents.  Mr. Cox indicated that he also did what he could to encourage staff to report but that schools did not pass that information on to the Council.  Discussion ensued as to the role of the Governing Body in this matter and the responsibility of both the Council and the trade unions to ensure that all incidents/accidents were reported to the Council.  Mr. Carter indicated that the underreporting of those issues was not confined to schools and was, in fact, Council-wide.  The Corporate Health and Safety Officer confirmed that all staff were required to complete accident / incident forms which should the be passed to the manager in the first instance in order for the manager to assess what remedial action (if any) should be undertaken to mitigate risk prior to the form being forwarded to Human Resources.


Mr. Cox indicated his view that there was a culture of underreporting incidents of this nature nationwide and that action should be taken to rectify the situation.  The Chairman suggested that the issue be referred back to the Corporate Health and Safety Committee for further consideration.


(g)       Central South Consortium / Joint Education Service - Presentation


The Head of Strategic Planning and Performance informed Members of the progress achieved in developing Education Consortia arrangements to deliver a Joint Education Service to the following 5 Authorities within the Central South region: Bridgend, Cardiff, Rhondda Cynon Taff, Merthyr Tydfil and the Vale of Glamorgan.  The Business Case submitted in November 2011 had now been approved and progress was continuing.  The Consortium was currently in the process of encouraging schools to sign up to the trading services and prospectus had been sent out.  In response to a question from Mr. Carter as to what consultation had taken been undertaken, the Head of Service indicated that consultation had been at regional level.  Mr. Cox indicated that he was involved with the regional consultation and that the unions were still awaiting documentation requested earlier in the month.  The Head of Service then continued by indicating that where appropriate staff had been matched to jobs, that appointments were ongoing and that only one member of staff within the Vale had been unsuccessful.  She stated that the Consortium was in the process of developing a Transitional Plan, that the expectation was that a Joint Committee of elected Members would be established to oversee the work of the Consortium and that an interim legal agreement was in place regarding the sharing of costs, liabilities and responsibilities.


Mr. Carter referred to the concerns being expressed by staff and the need to know the current position and future proposals at local level.  He further referred to staff having been offered positions where the terms and conditions relating to those posts were unknown and drew attention to the Council’s duty of care to its employees and the need for the employees involved in this process to be fully informed.  The Principal Personnel Officer indicated that the processes had been undertaken fairly, that the timeframe as stipulated by the Minister was tight and that she was meeting with the Advisor imminently.  Mr. Cox commented that the timescale required everything to be in place by September, that the Consortium was focussed almost entirely on the Minister’s priorities and that it was questionable whether educational standards would be raised as a consequence.  Mr. Cox stated that the focus was on “monitor, challenge and intervene” and not on support, being in fact basically another inspection team and the last thing schools required.  The Head of Service indicated, inter alia, that there was a great deal of support built into the system, that a governance structure had been agreed, that a Joint Committee of elected Members would be in place by September and that the scrutiny role was being developed.  In response to the final request from Mr. Carter that there should be local consultation, the Principal Personnel Officer stated that was being addressed.


(h)        Update of Senior Management Restructure


The Head of Human Resources took Members through his report which had commenced with the secondment of the Director of Learning and Development in March, 2012.  Given that the Managing Director would not take up her post until 1st August, 2012, the changes required to be made to the structure on StaffNet would not be made until after that date.  He informed the Forum that Jennifer Hill had been appointed to the post of Chief Learning and Skills Officer and that she would hopefully take up her position with the Council by 17th September.  He also stated that Debbie Marles had been appointed as interim Monitoring Officer for one year on an honorarium basis.  Residual issues clearly remained to be dealt with, such as the position in relation to personal assistants / secretaries, but implementation was ongoing.  In response to a question as to the post of Head of Housing and Building Services, the Head of Human Resources stated the situation was under review.


(i)         Update on Job Evaluation / Equal Pay


The report outlined the progress to date in the implementation of the above following the collective agreement with the trade unions on 21st December, 2011.  The Head of Human Resources stated that there remained a great deal to be done and thanked the trade unions for their contribution to the process.  It was noted that 96% of staff who had attended ACAS settlement sessions had either accepted their hardship or compensation payments.  In addition, the Council had also completed the “without prejudice” settlement of 981 historical equal pay claims (and potential claims) as part of the commitment set out in the Collective Agreement and following the completion of a robust risk assessment process.  It was noted that the current major area of work related to the appeals process and details in relation to the order and timescale for the consideration of those appeals received were set out in paragraph 5 of the report.  Mr. Greaves, on behalf of the joint trade unions, expressed appreciation of the work being undertaken in that respect in relation to those employees affected by imminent TUPE transfer arrangements and Councillor Mrs. Kelly Owen congratulated officers on their achievements.  Members were pleased to note that the Single Status / Job Evaluation Forum would continue to meet to oversee the implementation of the job evaluation project and to ensure that the scheme was consistently applied and that the new pay structure maintained its integrity.


(j)         Feedback on Policy Development


The report set out the current position in relation to HR policy development as at 22nd June, 2012.  Mr. Cox indicated that the teaching trade unions had not been consulted on the policies listed despite some employees within schools being affected but later accepted that he had had sight of those relating to Occupational Health and the Management of Contractors.  Following some discussion relating to the current way consultation was undertaken, it was agreed that further consideration should be given to devising a formal written process as to how consultation should be undertaken with all trade unions in relation to policy development.  That procedure should be brought back to the Forum.


(k)        Proposed Timetable of Meetings 2012/13 -


The report proposed that the previous practice whereby meetings be held on Mondays, commencing at 10.00am be continued.  The dates shown on the draft timetable contained therein, however, required amendment given certain Members’ prior commitments..


AGREED – T H A T the timetable of meetings be agreed by the Joint Secretaries.


(l)         Amendment to the JCF Constitution -


Point 5.3 of the Constitution of the Joint Consultative Forum required to be amended since no Cabinet Member had been appointed to sit on the Forum at the Council’s Annual Meeting and no Chairperson had been appointed at that time. 


Mr. Carter took the opportunity to express the hope that the trade unions would not be asked to leave meetings of the Forum as had occurred previously.  Mr. Cox referred to point 7.6 of the Constitution which allowed for either employer or employee representatives to request an adjournment.  The Chairman explained that was standard to a Constitution such as this and was in the interests of both parties.


Mr. Cox drew attention to point 2 of the Constitution which laid out the purpose of the Forum.  He referred to the fact that the items submitted by the trades unions were always last on the agenda, asking that there be some flexibility in the order of the reports in the future.  The Chairman suggested that be considered at the agenda management meeting.


AGREED – T H A T Point 5.3 of the Joint Consultative Constitution be amended to read “ The Chairperson of the Forum will be elected at the first meeting of the Joint Consultative Forum following the local government elections for the duration of the current administration”.


(m)      Trade Union Items -


(i)         Request for Names of Participants on Housing Tenants Panel


The above item was withdrawn.


(ii)        Memorandum of Understanding Schools


Mr. Carter indicated that the Council had agreed that meaningful consultation would be undertaken prior to the issue of section 188 letters but that schools were rushing into consultation. He referred to the Memorandum of Understanding (MOU) which stated that meaningful consultation was to be undertaken, the purpose he believed was to avoid the issue of section 188 letters.  The Head of Human Resources stated that the MOU was currently being reviewed but that the Council was legally required to issue section 188 letters where was a possibility of job losses.  The Principal Personnel Officer present confirmed that the Council was following the Schools Redundancy Policy and suggested that consideration could be given in due course to reviewing that policy.  During the course of the above discussions, Mr. Cox asked why trade union representatives were not involved in the discussions between Human Resources, Finance and the Schools in relation to their budgets.  Following the issue of the revised MOU, the Principal Personnel Officer would hold further discussions with the Trade Unions if appropriate in respect of the Schools Redundancy Policy.


(iii)       Sickness Absence (Schools)


Mr. Cox introduced the aforementioned topic by saying that it was primarily for the information of new Members of the Forum.  The trade unions had expressed concerns in relation to the implementation of the policy in schools, particularly in relation the various trigger points therein and the consequent actions.  He referred to the fact that the NASUWT was now at the final stage and that ACAS was involved in the resolution of the issue.  The Principal Personnel Officer confirmed the date of the meeting with ACAS as 17th July.


Mr. Carter requested that any changes made to the policy as a consequence be implemented across the Council, drawing attention to concerns previously expressed in relation to what he termed “this draconian policy” and the trade union wish that the policy be reviewed.


In conclusion, Mr. Cox reiterated that the teaching trade unions had never been consulted on the corporate policy.


(iv)       Consultation Arrangements (Schools)


Mr. Cox, in accepting that the points raised previously in relation to the need for clarification and a written policy on the procedures to be followed in respect of teacher trade union consultation on corporate policies at an early stage covered the above topic to a certain extent, drew attention to the need for the Education Consultative Forum to meet.  He commented that the meeting scheduled on 12th March had been cancelled due to the lack of a Chairman and to the fact there was no-one available to chair the meeting scheduled for the following week.  He indicated that there were mounting issues which required to be addressed.  The Principal Personnel Officer commented that the workload of the existing Heads of Service was such that neither was available to chair, she would be pleased to meet with the trade union representatives. 


The Chairman agreed that the situation needed to be addressed and it was noted that the newly appointed Chief Learning and Skills Officer would assume the role of Chair upon her taking up post in September.


RESOLVED – T H A T  the minutes be noted.


Reason for decision


Having regard to the views expressed.



C1815                        Representation on Cardiff and Vale College Board of Governors (L) (Scrutiny – corporate resources) -


Following the amalgamation of Barry College and Coleg Glan Hafren, Cabinet on 18th May, 2011 noted the use of the former Chief Executive’s Emergency Powers to approve former Councillor Hampton's nomination to the new Board, thereby allowing the Council to participate fully in Board related meetings from the outset of the new organisation.


After the local Elections held in May of this year the Council was approached by the College regarding its representation on the Board with it being suggested that the Cabinet Member for Children's Services be nominated by the Council.  With regard to former Councillor Hampton, the nature of his appointment meant that he would remain as Governor in a personal capacity but, clearly, could not be regarded as the Council's representative.


This was a matter for Executive decision


RESOLVED – T H A T  Councillor Chris Elmore, as  Cabinet Member for Children’s Services,  be appointed as the Council’s representative on the Cardiff and Vale College Board of Governors until the Local Government Elections in 2017.


Reason for decision


To ensure continuity of Council representation.



C1816                        Use of the Chief Executive's Emergency Powers (L) (scrutiny – as indicated below) -


RESOLVED -  T H A T the exercise of the former Chief Executive's Emergency Powers as indicated below be noted:


(a)       Authority to accept the funding being made available through borrowing, following the successful acceptance of the Council's Business Justification Case by the Welsh Government, within the Capital Programme for 2012/13. The borrowing was in the sum of £2.23m. p. a. over the period 2012/13 to 2014/15 and was for highway improvement investment.


Scrutiny Committee (Economy and Environment)


(b)       Authority to award the tender in respect of software licensing to Microsoft in order that an order be placed with the supplier before the end of June 2012.


Scrutiny Committee (Corporate Resources)


(c)        Authority to accept grant funding to the value of £35k. to enable the Passenger Transportation Collaboration study for the South East Wales area and £10k. for preparatory works and feasibility for the Cogan Station Park and Ride in 2012/13 from the SEWTA Regional Transport Consortia Grant fund, and to include the same in the Capital Programme.


Scrutiny Committee (Economy and Environment)


(d)       Authority to permit Llantwit Major AFC to temporarily close pedestrian access to part of Windmill Lane Playing Fields during the first 45 minutes of any Welsh League 3rd Division Matches.


Scrutiny Committee (Economy and Environment)


(e)       Authority to appoint the Leader and the Cabinet Member for Children's Services to sit on the Shadow JES Joint Committee prior to the first meeting of the same.



Scrutiny Committee (Corporate Resources)


(f)         Authority to transfer £12k. from the underspent project at St. Illtyd Primary School to the Albert Primary School scheme and to increase the budget to £87k. to meet funding requirements.


Scrutiny Committee (Lifelong Learning)


(g)       Authority to transfer the whole of the approved budget of £30k. (allocated for the over-boarding of ceilings at Cogan Primary School) to Ysgol Sant Baruc to undertake the over-boarding of ceilings at that school during the forthcoming summer holidays.


Scrutiny Committee (Lifelong Learning)


(h)        Authority to respond to the Welsh Government in relation to issues set out in the Green Paper (Working Together for Wales: the Perfect Service Workforce) by the deadline of 31st July, 2012.


Reason for decision


To apprise Cabinet of the exercise of emergency powers by the former Chief Executive.



C1817                        Capital Monitoring Report for the period 1st April to 31st July 2012 (L) (Scrutiny – all) -


Details of  the financial progress on the Capital Programme for the period 1st April to the 31st July 2012, were appended to the report. The report itself contained further details of specific schemes as outlined below;


Director of Learning and Skills

·              Llancarfan and Gwenfo Demountables - a capital bid for upgrade of the demountable units at these two schools was accepted at £412K and incorporated into this year's Capital Programme. As tenders for the units to be replaced had come in, however, it was apparent that the initial budget was insufficient to replace all units as originally planned. Officers in the Property Section had been liaising with Education Officers to re-work the original plans in order to achieve the best outcome possible within the existing budget. 


Director of Development Services

·              Penarth Leisure Centre Central Heating Plant - Salix Finance had offered the Council a loan to fund the upgrade of the central heating plant at the Centre to the sum of £146K with a view to increasing energy efficiency and reducing carbon emissions. The loan was repayable by the Leisure Client department over an agreed payback period and should be funded by savings in energy costs. It was requested that Cabinet approve the inclusion of this budget in the Capital Programme.


·              Rural Local Regeneration Business Plan 2 - Members were informed that the budget included in Appendix 1 reflected the costs to the Council itself. It did not reflect those costs incurred by third parties.


Director of Resources

·              Carbon Management Fund - this self-financing fund was established with the help of some £300K grant from Salix Finance in 2008/09 and was used to achieve reductions in energy costs at Council premises. Over 40 projects had been completed to date, including loft and cavity wall insulation and installation of pool covers at the Leisure Centres. Works costs were recharged to clients over a payback period that mirrored savings achieved in energy costs, hence replenishing the fund. There was currently £243K available in this fund, intended for spending on further schemes this year so it was requested that Cabinet approve the increase in the Capital Programme to this figure in order to proceed with further energy reduction schemes.


In addition Cabinet had requested that further information be made available where schemes would have a value of over £500,000 or show a variance of 20% or more between the actual spend and the profile. The following scheme met these criteria:


Disabled Facility Grants - expenditure on this budget was running behind profile because of health and safety requirements that had delayed early grant approvals. This had since been resolved and approval rates had now improved. No change to the expenditure profile.


Appendix 2 provided non-financial information on capital construction schemes with a budget of over £100,000.   Where a budget shown in Appendix 1 was more than £100,000 but was made up of several schemes that individually were less than £100,000, the scheme was not included in Appendix 2.


Councillor Curtis proposed that for future reports it would be beneficial for an outline of the important issues that contribute to climate change and sustainability be included in the report rather than using a general statement under the relevant heading.


This was a matter for Executive decision.


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


(1)       Penarth Leisure Centre Central Heating Plant - include a budget of £146K in the Capital Programme (funded from a Salix loan).


(2)       Carbon Management Fund - increase the budget to £243K (funded from an internal reserve).


Reason for decision


(1&2)  To allow the schemes to proceed in this financial year.


C1818                        Revenue Monitoring for the period 1st April 2012 to 31st July 2012 (L) (scrutiny – all) -


Details of progress on revenue expenditure for the period 1st April 2012 to 31st  July 2012 were appended to the report, and Cabinet was also advised of future arrangements for budget monitoring.


The projected outturn for the 2012/13 Revenue Budget was for a balanced budget. The forecast for the Housing Revenue Account was also for a balanced budget. Details were contained within the report of the specific position in respect of the following services:


·              Children and Young People’s Services

·              Adult Services

·              Social Services Budget

·              Economic Development.


The current forecast for Social Services was a balanced budget, although there continued to be pressure on the children’s services placements budget and Adult Services community care packages budgets due to increased demand on services.


In the case of Adult Services the report outlined that that the budget was extremely volatile and could be adversely affected by outside influences such as last year’s introduction of the First Steps Initiative by the Welsh Government which capped charging for non-residential services to £50 per week. It had previously been reported that the impact of the £50 cap was approximately £1.4m.  The impact would continue to be monitored as the year progressed and discussions would continue with the Welsh Government regarding the issue. 


Another issue to affect the year end position would be the 2012/13 fee that was set in respect of personal care costs for residents placed by the Council in residential and nursing homes provided by the independent sector.  Currently 2% was included in the budget.


The Social Services Directorate was committed to achieving a balanced budget in 2012/13.  A report updating progress on the Social Services Budget Programme was presented to Cabinet on 30th July 2012 and Cabinet now received monthly progress reports.  The corporate programme board and project teams overseeing the plan would continue to develop it further to ensure delivery.


The report also outlined pressure on the Economic Development budget being caused by the Lifelong Learning and Training Services. Receipts from the government work programme were not achieving targets to date.  However a current review was in place to achieve outturn within budget by the year end.

It was also reported that, whilst all other service areas might come under pressure, they were expected to outturn on target.


The report outlined that previous budget monitoring reports to Cabinet had outlined the overall budget position and that these were generally noted with no further recommendations being made.  Regular reports had also been submitted to Scrutiny Committees.


As financial scrutiny and overview was  a key function of the Scrutiny Committees, regular budget monitoring reports would, in future,  only be taken to Scrutiny Committees, with Scrutiny Committee (Corporate Resources) remaining the lead Committee.  Any issues or concerns arising would be referred to Cabinet.


Individual Cabinet Members would continue to receive budget monitoring information on services within their portfolios and remain responsible for ensuring expenditure was contained within budget and cost effective services were delivered.


Cabinet would also continue to receive a half yearly report on the budget position (based on spend to the end of September); the annual outturn report; and also the revised estimates report prepared at the same time as the initial budget proposals.


This change should strengthen the role of the scrutiny function with regards to financial control and clarify the respective responsibilities of the executive and scrutiny.


This was a matter for Executive decision.




(1)               T H A T  the position with regard to the Authority’s 2012/13 Revenue Budget be noted.


(2)               T H A T  the new budget monitoring arrangements, as outlined in the report,  be approved.


Reasons for decisions


(1)               That Members are aware of the projected revenue outturn for 2012/2013.


(2)               That the new Budget Monitoring arrangements are implemented.



C1819                        Cabinet Forward Work Programme September to December 2012 (L) (scrutiny – all) -


Cabinet was informed of the Forward Work Programme for the Cabinet / Council for the period September to December 2012.  Appended to the report was a timetable outlining the dates of those reports that would be subject to pre -Cabinet scrutiny.


This was a matter for Executive decision.


RESOLVED –  T H A T the Forward Work Programme for the period September to December 2012 be agreed.


Reason for decision


To comply with the requirements of the Local Government Act 2000, subordinate legislation and the Council’s Constitution.



C1820                        Social Services Change Plan 2011-2014: Progress Report (as) (scrutiny – social care and health) -


Cabinet received a progress report on the Social Services Change Plan 2011 – 2012. Appended to the report were the Council’s second three-year Social Services Change Plan (for the period 2011 to 2014) and the third progress report, which was submitted to Corporate Management Team on 27th June 2012.


The Change Plan was developed by a Corporate Project Group comprising officers from across the Council, with a representative from the Cardiff and Vale University Health Board and from the Vale Centre for Voluntary Services (VCVS).  It was designed to provide an overarching framework for sustained service improvement and a coherent direction for social services in the period 2011-2014.  There were seven priority areas in the plan


·              Integrating Health and Social Care Services;

·              Commissioning;

·              Integrating social care for Children and Young People Services;

·              Human Resources;

·              Information: use of different channels and media to improve access to information and services;

·              Resource Management; and

·              Co-production and equality impact.


The Change Plan came into effect in April 2011.  It dealt primarily with those issues where a corporate approach, across Council directorates, was required to deliver appropriate action.  Six-monthly monitoring reports were submitted to the Corporate Management Team. Consideration of these reports by the Scrutiny Committee (Social Care and Health) and then by Cabinet was intended to allow robust monitoring and oversight.


This was a matter for executive decision.


RESOLVED -  T H A T progress in delivering Change Plan actions, together with the two actions where implementation had been delayed, and the work being done to expedite delivery, be noted.


Reason for decision


To provide an update on implementation of the Social Services Change Plan, in accordance with agreed monitoring mechanisms.




The Vice Chairman read the following statement before moving part II items in relation to the Barry Railway Project.


“The reason the next report is under Part II is that it relates to agreements on leasing of premises, which includes financial matters that need to be confidential.  There is no issue of the Council trying to hide decisions.  I suggest we, refer, therefore to the fact that the new administration is trying to keep the use of part II reports down to a minimum, but there will be occasions where matters have to be discussed privately as to not to do so would lead the Council into problems that it is not complying with legal requirements”.


C1821                        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 item of business on the grounds that it involves 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.





The report updated Members on progress in respect of the above project that proposed alterations to the Lease terms under which Cambrian Transport / Breco operate.


Currently Cambrian Transport / Breco have been operating the railway project that formed part of the tourism railway project under two separate leases which had been granted at different points in time.


Both leases operated on the basis that the tenant would pay a peppercorn rent and would invest in the railway project over the lease periods.   It was noted that there would be no loss on income generation as a consequence of the proposal.


For the reasons set out in the report, Cambrian had requested that both leases reflect the need for business certainty and had sought approval for the extension of the Breco lease to match the Cambrian lease terms.


This was a matter for executive decision.




(1)               T H A T  the Head of Legal Services, in consultation with the relevant Cabinet Member and Director of Development Services, execute the revised lease terms to allow for the extension of the Breco lease in order that both leases run for a period of twenty years, subject to sign off from an agreed valuer in terms of Section 123 and subject to a confirmation from Cambrian Transport that all income derived from the licence/subletting be reinvested and is scheduled accordingly.


(2)               T H A T  Cambrian be allowed to licence the use of the Plymouth Road Goods shed to Atkins for a period of 12 months in association with the Network Rail signal replacement contract in central Barry and that the use of part of the main depot site be authorised as a storage and works compound for the same period.


(3)               T H A T  the appointment of an external valuer be authorised to ensure validation of the terms proposed.


(4)               That an appropriate press release be issued on the reasons why for Part II reports are required and provide a general statement to the nature of the report


Reason for Decision


(1)       To allow execution of amended lease terms.


(2)       To allow limited commercial use in support of the wider railway project.


(3)       To ensure the Council meets its obligations in respect of Section 123 matters.


(4)       To endorse that there is an explanation in relation to the requirements of Part II items and to provide a general statement to the nature of the report.