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RESOLVED – T H A T the Motion was lost. Reason for decision Having regard to the debate at the meeting.
RESOLVED – T H A T the Council notes the importance of specialist support for breast feeding and therefore resolves to ask the Healthy Living and Social Care Scrutiny Committee to invite representatives of the Health Board to explain the rationale for the decision and their future support for breast feeding and those Members would then be able to make an informed decision on any recommendations. N.B. Councillor Lloyd-Selby was not present for the item following a declaration of interest earlier in the meeting.
RESOLVED – (1) T H A T Councillor Iannucci-Williams be appointed as the nominated deputy to represent the Council at meetings of the Cardiff Capital Region City Deal – Joint Overview and Scrutiny Committee. (2) T H A T Councillor Iannucci-Williams, the named deputy, be entitled to vote at meetings of the Joint Scrutiny Committee in the absence of the Chair of the Environment and Regeneration Scrutiny Committee. Reason for decisions (1&2) Having regard to the contents of the report and discussions at the meeting. No.
RESOLVED – T H A T the use of the Chief Executive’s Emergency Powers as contained within the report be noted. Reason for decision Having regard to the Council’s Constitution.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations and recommendations of the Committee when discussing the way forward.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations and recommendations of the Committee when discussing the way forward.
RESOLVED – (1) T H A T the updates to the Cabinet Quarterly Work Programme for April to June 2024 attached at Appendix 1 to the report be agreed. (2) T H A T the Cabinet Quarterly Work Programme July to September 2024 attached at Appendix 2 to the report be endorsed. Reasons for decisions (1) To monitor progress. (2) To approve the Work Programme for July to September 2024. C61 USE OF THE CHIEF EXECUTIVE’S EMERGENCY POWERS (EL/PR) (SCRUTINY – ALL) – The Leader presented the report, the purpose of which was to notify Cabinet of the exercising of Emergency Powers by the Chief Executive since the last report on 23rd May, 2024. Councillor Williams referred specifically to Paragraph 2.1(a) concerning the Western Vale Wellbeing Hub for Older Adults and People Living with Dementia and appreciated the use of emergency powers to enable Officers to act quickly to support excellent provision. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – T H A T the use of the Chief Executive's Emergency Powers be noted. Reasons for decisions To inform Cabinet. C62 RIGHTS OF WAY IMPROVEMENT PLAN (ROWIP) (DL/SP) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Deputy Leader presented the report, the purpose of which was to enable Cabinet to consider and approve the Rights of Way Improvement Plan (ROWIP). The ROWIP was a live document and changes could be made as circumstances demanded, for example, changes in legislation. Councillor Williams had attended the Local Access Forum meeting where the principles of the ROWIP, the network and various improvements had been discussed. The changes to footpath accessibility in the Vale of Glamorgan had been noted at that meeting, including wheelchair accessibility, which had a positive impact for local residents and were a part of the ROWIP, though not stated explicitly as a benefit. The Leader said that another positive aspect was the availability of routes electronically to be able to choose which routes were available and with much improved direct access. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the Rights of Way Improvement Plan (ROWIP) attached as Appendix A to the report be endorsed as the Council’s replacement version and its adoption in principle agreed subject to consideration by the Environment and Regeneration Scrutiny Committee. (2) T H A T the ROWIP be referred to the Environment and Regeneration Scrutiny Committee for its consideration. (3) T H A T delegated authority be granted to the Head of Sustainable Development in consultation with the Deputy Leader and Cabinet Member for Sustainable Places to make typographical or other minor changes as necessary prior to publication or during the life of the Plan should this become necessary. Reasons for decisions (1) To ensure the Council fully discharged its statutory duty under the Countryside and Rights of Way (CROW) Act 2000 to review and publish every 10 years, its Rights of Way Improvement Plan (ROWIP), outlining how it proposed to meet its Well-being and Improvement Objectives to maintain, improve and publicise the rights of way network for the public. (2) To ensure appropriate scrutiny of the report. (3) To make typographical or other minor changes as necessary without the need to seek Cabinet approval. C63 UPDATE ON THE CONSULTATION ON THE PROPOSAL TO CREATE A WELSH MEDIUM SPECIALIST RESOURCE BASE AT YSGOL GWAUN Y NANT FROM SEPTEMBER 2024 (EAWL) (SCRUTINY – LEARNING AND CULTURE) – The Cabinet Member presented the report, the purpose of which was to advise Cabinet of the outcome of the consultation exercise undertaken on the proposal to create a Welsh Medium Specialist Resource Base at Ysgol Gwaun y Nant from September 2024. Some of the issues raised as part of the consultation and responses to those issues were discussed in paragraphs 2.9 to 2.13 of the report. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the consultation document (attached at Appendix A to the report), the Consultation Response report (attached at Appendix B to the report) and other appendices included as part of the report, including the Community and Equality Impact Assessments at Appendices C and D respectively, to create a Welsh Medium Specialist Resource Base at Ysgol Gwaun y Nant from September 2024 be noted. (2) T H A T the proposal to create a Welsh Medium Specialist Resource Base at Ysgol Gwaun y Nant from September 2024 through the publication of the proposals in the form of a statutory notice be approved. Reasons for decisions (1) To ensure that all relevant information was considered by Cabinet in reaching a decision on whether to publish a statutory notice on the proposals. (2) To ensure that there was capacity to provide integrated provision for pupils with a diagnosis of an autism spectrum condition and those experiencing significant social communication, interaction, or regulation difficulties, reflecting the Council’s commitments to meeting the requirements of the Additional Learning Needs and Education Tribunal Act 2018 (ALNET Act 2018) and in its 10 year Welsh in Education Strategic Plan (WESP) and Welsh Government’s Cymraeg 2050 strategy. C64 WELSH LANGUAGE STANDARDS ANNUAL MONITORING REPORT 2023-24 (EAWL) (SCRUTINY – LEARNING AND CULTURE AND CORPORATE PERFORMANCE AND RESOURCES) – The Cabinet Member presented the report, the purpose of which was to seek approval for the Council’s Annual Welsh Monitoring Report and update on 5-year Promotion Strategy. Councillor Williams said he looked forward to the matter being discussed at the relevant Scrutiny Committees. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the Annual Welsh Monitoring Report for 2023-24 (attached at Appendix 1 to the report) and Update on the Welsh Language Promotional Strategy (attached at Appendix 2 to the report) be approved in principle, subject to consideration by Learning and Culture and Corporate Performance and Resources Scrutiny Committees. (2) T H A T the report (and appendices) be referred to Learning and Culture and Corporate Performance and Resources Scrutiny Committees for consideration and if endorsed by the Committees, that the report be published. Reasons for decisions (1) To allow the Council to meet its reporting duty to the Welsh Commissioner as part of the Welsh Language Standards. (2) To enable Learning and Culture and Corporate Performance and Resources Scrutiny Committees to consider the report (and appendices) prior to publication. C65 PERMANENT TRAFFIC REGULATION ORDER – SCHOOL STREET CLOSURE DRYDEN ROAD, PENARTH (NBS) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Cabinet Member presented the report, the purpose of which was to agree to make the experimental school street closure on Dryden Road for Fairfield Primary School, Penarth a permanent order. An Experimental Traffic Regulation Order (TRO) had been in place since April 2023 and gave Officers time to assess the success or otherwise of the pilot school street closure as the first type of its kind in the Vale of Glamorgan. Feedback from residents which had been positive was included in Paragraph 2.7 of the report as well as Appendix D to the report. Appendix C to the report referred to vehicle speeds and traffic volumes that were assessed prior to implementation and monitored during the experimental school street closure, with very little traffic entering at times of closure. Councillor Birch, as a local ward Member, said that the experimental TRO had been a popular move with parents. There continued to be issues with inconsiderate parking which existed prior to the pilot but had been well received locally. Councillor Wilson said that the other local ward Member, Councillor Buckley, had also been supportive of the pilot. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T public notice be advertised for the Experimental Traffic Regulation Order for a school street closure on Dryden Road, Penarth as detailed in Appendices A and B to the report, to be made permanent. (2) T H A T delegated authority be granted to the Director of Environment and Housing, in consultation with the Cabinet Member for Neighbourhood and Building Services to agree the final design and extent of the school street closure and that the Monitoring Officer / Head of Legal and Democratic Services be authorised to execute any legal Orders to implement the Scheme. Reasons for decisions (1) To provide the necessary authority to the progress with the permanent Traffic Regulation Order. (2) To provide the necessary authority to ensure the scheme was implemented in the most appropriate and efficient manner. C66 RENEWAL OF PUBLIC SPACE PROTECTION ORDERS FOR THE PREVENTION OF ALCOHOL RELATED ANTI-SOCIAL BEHAVIOUR (NBS) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Cabinet Member presented the report, the purpose of which was to ensure there remained effective controls and management arrangements aimed at preventing incidences of alcohol related anti-social behaviour in public places. Councillor Wilson said that such Orders had been in place previously and required renewal with minor variations to the existing Public Space Protection Orders (PSPOs), in respect of the prevention of alcohol related Anti-Social Behaviour (ASB). Such Orders would not prohibit any alcohol consumption in the areas proposed but provided a means of control should there be instances of anti-social behaviour. Paragraph 2.12 of the report referred to the inclusion of Orders at twelve new sites as a result of consultation and representations received from the public and Elected Members. Survey responses were included within Appendix A which showed support for such controls in the described areas for a further three years. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the proposal of renewing the existing Public Space Protection Orders for controlled alcohol zones be agreed and the Orders referred to Full Council, for consideration. (2) T H A T the contents of the public consultation results and the inclusion of new restricted areas be noted. (3) T H A T the proposed additional areas as part of the renewal process be agreed and incorporated into the Orders for consideration by Full Council. (4) T H A T the resolutions of Cabinet as regards the report are referred to Full Council for consideration. (5) T H A T use of the urgency procedure set out at Section 15.14 of the Council’s Constitution be agreed in respect of recommendations 1, 2, 3 and 4 to allow the matter to be considered at Full Council on 15th July, 2024. Reasons for decisions (1) To assist the Council robustly manage alcohol related Anti-Social Behaviour at its Resorts, Town centres and Public Open Spaces. (2) To ensure the Council considered the views of the public and other stakeholders and the Orders reflect current issues. (3) To ensure the Council and Police had the appropriate powers to protect the quality of lives of those who lived, worked and visited restricted areas and to permit the majority of the law-abiding citizens to use and enjoy public spaces, safe from anti-social behaviour. (4) The introduction and renewal of Public Space Protection Orders was a matter for determination by Full Council. (5) To enable the Orders to be considered at the next available Full Council meeting to ensure their prompt introduction if agreed. C67 RENEWAL OF PUBLIC SPACE PROTECTION ORDERS - DOG CONTROLS (NBS) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Cabinet Member presented the report, the purpose of which was to ensure there remained effective controls and management arrangements in please, aimed at improving the behaviour of irresponsible dog owners and reducing anti-social behaviour associated with dogs and dog fouling. Councillor Wilson said that such Orders had been in place previously and required renewal with variations to the existing Public Space Protection Orders (PSPOs), for the purpose of dog controls. Consultation had taken place on the matter and many of the responses received were positive about the proposed Orders. Appendix A referred to 64% of the public agreed with the proposal to retain all the existing dog controls in the Vale of Glamorgan, strong agreement regarding the removal of faeces from all adopted highways and footpaths and seasonal dog controls at Ogmore-by-Sea. Councillor Wilson proposed an additional Recommendation to Cabinet to agree that Llantwit Major Recreation Ground be added to the proposals to be considered at Full Council, with enforcement subject to the agreement of Llantwit Major Town Council who owned the land. Llantwit Major Councillors were in support of that area being included in the proposals and agreement with Llantwit Major Town Council would have to be sought prior to the matter being considered at Full Council on 15th July, 2024. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the proposal of renewing the existing Public Space Protection Orders for dog controls be endorsed. (2) T H A T the contents of the public consultation results be noted. (3) T H A T the proposed new additional areas as part of the renewal process be agreed and incorporated into the Orders for Full Council consideration. (4) T H A T the resolutions of Cabinet in respect to the report be referred to Full Council for consideration. (5) T H A T use of the urgency procedure set out at Section 15.14 of the Council’s Constitution be agreed in respect of resolutions 1, 2, 3, 4 and 6 to allow the matter to be considered at Full Council on 15th July, 2024. (6) T H A T subject to formal agreement with Llantwit Major Town Council, Llantwit Major Recreation Ground be added to the proposals for consideration at Full Council, with enforcement subject to the agreement of Llantwit Major Town Council who own the land. Reasons for decisions (1) So that the Council had robust Orders in place for dog controls on adopted highways, footpaths, resorts/beaches, town centres, sports pitches and public open spaces. (2) To ensure the Council considered the views of the public and other stakeholders and the Orders reflected current issues. (3) To ensure the Council had appropriate powers to protect the quality of lives of those who lived, worked and visited the Vale. (4) The renewal and introduction of Public Space Protection Orders were a matter for determination by Full Council. (5) To ensure the Orders could be considered at the next Full Council meeting and if agreed, promptly introduced following the meeting. (6) To include Llantwit Major Recreation Ground to the proposals, with the support of the local ward Members and agreement with Llantwit Majot Town Council. C68 RE-COMMISSIONING OF THE PROVISION OF CHILDCARE FOR FLYING START IN COLCOT, BARRY, VALE OF GLAMORGAN (SCH) (SCRUTINY – HEALTHY LIVING AND SOCIAL CARE) – The Cabinet Member presented the report, the purpose of which was to seek authority to re-commission an existing contract relating to the provision of childcare for the Vale of Glamorgan Flying Start Programme within Colcot, Barry and delegate authority to award the contract to the successful provider. Councillor Williams said that although the report fell within the Social Care and Health Portfolio that it was important to recognise the work undertaken with the Cabinet Member for Education, Arts and the Welsh Language as much of the work was cross-Directorate. Although the programme provided services to children aged 0-3 and 2-3 years, it was important to recognise that there was also provision for parents who were a part of the tendering process. Councillor Birch welcomed the report and was pleased to see parental involvement in the programme and actively involved in ongoing provision. The cluster of schools in Barry were some of the most disadvantaged in the Vale of Glamorgan and the programme would work towards improving the life chances of children. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the Director of Social Services, in consultation with the Cabinet Member for Social Care and Health, be authorised to undertake a competitive tender process for the provision of Flying Start services in Colcot, Barry. (2) T H A T the Director of Social Services, in consultation with the Cabinet Member for Social Care and Health, be authorised to award the contract(s) for the service for an initial period of two years with an option to extend for up to a further two years, following the completion of the tender process. (3) T H A T delegated authority be granted to the Monitoring Officer/Head of Legal and Democratic Services to prepare, complete and execute a contract with the successful bidder. Reasons for decisions (1) To enable the Directorate to undertake a tender process that would provide Flying Start childcare within Colcot, Barry in a cost-effective way that met the requirements of Welsh Government Flying Start Guidance and the required standards of the Care Inspectorate Wales (CIW). (2) To ensure that the service was in place for the next two years with the potential to extend it for a further two years if required. (3). To ensure that the appropriate authority and documentation were in place to complete the contract. C69 CONTRACT FOR THE PROVISION OF CHILDCARE FOR FLYING START IN CADOXTON, BARRY, VALE OF GLAMORGAN (SCH) (SCRUTINY – HEALTHY LIVING AND SOCIAL CARE) – The Cabinet Member presented the report which was similar to the previous agenda item but focused on a different area, the purpose of which was to seek authority to undertake a tender process relating to the provision of childcare for the Vale of Glamorgan Flying Start Programme within the setting in the grounds of Cadoxton Primary School in Barry and delegate authority to award the contract to the successful provider. Councillor Birch was pleased to endorse the report and said that Cadoxton Primary School already had initiatives such as Bocs Bwyd and coffee mornings that had a positive impact on families and actively involved parents and carers on aspects of school life. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the Director of Social Services, in consultation with the Cabinet Member for Social Care and Health, be authorised to undertake a competitive tender process for the provision of Flying Start services in Cadoxton, Barry. (2) T H A T the Director of Social Services, in consultation with the Cabinet Member for Social Care and Health, be authorised to award the contract(s) for the service for an initial period of two years with an option to extend for up to a further two years, following the completion of the tender process. (3) T H A T delegated authority be granted to the Monitoring Officer/Head of Legal and Democratic Services to prepare, complete and execute a contract with the successful bidder. Reasons for decisions (1) To enable the Directorate to undertake a tender process that would provide Flying Start childcare within Cadoxton, Barry in a cost-effective way that met the requirements of Welsh Government Flying Start Guidance and the required standards of the Care Inspectorate Wales (CIW). (2) To ensure that the service was in place for the next two years with the potential to extend it for a further two years if required. (3) To ensure that the appropriate authority and documentation were in place to complete the contract. C70 VALE OF GLAMORGAN REPLACEMENT LOCAL DEVELOPMENT PLAN (RLDP) 2021-2036 PREFERRED STRATEGY INITIAL CONSULTATION REPORT (CEERS) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Leader presented the report on behalf of the Cabinet Member, the purpose of which was to advise Cabinet of the issues raised through representations received during the public consultation exercise undertaken between December 2023 and February 2024 in respect of the Preferred Strategy for the Vale of Glamorgan Replacement Local Development Plan (RLDP) 2021-2036. The Preferred Strategy for the RLDP had been subject to a ten-week public consultation between December 2023 and February 2024 and the report set out the issues raised as part of that consultation and how the responses had been considered within the report. The Preferred Strategy set out how much growth would be accommodated in the Vale of Glamorgan from 2021 to 2036 in terms of population, homes and jobs, with growth met in the most sustainable locations which reduced the need to travel, sought to co-locate housing with employment and locations well-served by public transport. Engagement on the Preferred Strategy took place a number of ways, including online and in-person engagement sessions across the Vale of Glamorgan, as well as sessions with Elected Members, Town and Community Councils and specific stakeholder groups such as the 50+ Forum and Equalities Consultative Forum. In total, over 3,000 representations were made from 857 individuals and organisations. Notably there was a representation from Welsh Government stating that they considered the Preferred Strategy to conform with the National Development Framework: Future Wales, with the scale of growth being at an appropriate level for the Vale of Glamorgan’s position within a national growth area. The spatial distribution of that growth to sustainable locations was considered appropriate and in line with national policy. Comments were made from other stakeholders that the scale of development was too high, and others considered it to be too low. The RLDP made provision for 8,679 new houses, compared to 10,400 in the current adopted Local Development Plan (LDP). The RLDP level of growth was a median level, with higher and lower gross scenarios being tested. The housing supply was made up of new housing allocations, committed sites and allowance for unallocated windfall sites. The adopted LDP included housing allocations totalling over 8,000 new dwellings. The RLDP Preferred Strategy showed a more modest allocation of up to 2,750 new homes on new sites, or 32% of the provision, plus a further 2,600 homes on sites in the adopted LDP that had been rolled forward. Key sites in the RLDP were in parts of the Vale of Glamorgan with the highest levels of affordable housing need and provided real opportunity to deliver homes for those in housing need through Section 106 funding. Most of the representations made during the consultation period were objections to the key sites identified within the Preferred Strategy, with similar issues raised across the five key sites including the impact of new development on the natural environment and the ability of existing infrastructure to cope with increased demand. The initial consultation report addressed those key points and set out the prepared evidence in support of the Development Plan and addressed the concerns raised. The consultation allowed for new sites to be submitted as part of a second call for candidate sites, with 14 new sites submitted as part of the process, and 24 new sites with amendments of boundary or use which would now be assessed to determine their suitability for inclusion in the Deposit Plan. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the contents of the report be noted. (2) T H A T the report be referred to Environment and Regeneration Scrutiny Committee for their consideration. Should the Committee raise no further matters for Cabinet consideration, the report be referred to a meeting of Full Council on 30th September, 2024 for: a) endorsement of the actions set out in the Initial Consultation Report; b) approval of the Replacement Local Development Plan (RLDP) Preferred Strategy as a basis for the ongoing preparation of the Deposit RLDP. Reasons for decisions (1) To outline to Members the issues raised during the 10-week public consultation exercise on the RLDP Preferred Strategy. (2) To seek approval for the proposed changes to the Preferred Strategy as set out in the Initial Consultation Report and to allow officers to progress with preparation of the Deposit RLDP in accordance with the Council’s approved Delivery Agreement.
RESOLVED: Pursuant to this Committee’s delegated powers the following development management applications be determined in accordance with the recommendation set out in the reports of the Director of Planning, Transport and Environment, subject to any further amendments as detailed below and notification be given of the decisions in accordance with Section 70 of the Town and Country Planning Act 1990 or Section 74 of the Planning (Listed Building & Conservation) Act 1990. APPLICATION GRANTED 23/02265/HSE – LLANDAFF The Coach House, Cathedral Court, 6 The Cathedral Green, Llandaff (Councillor Shimmin left the meeting during discussion of this item in accordance with his prejudicial interest) Roof extension including new dormers The application was granted subject to an amendment to the wording of condition 3: ‘The first floor window which is positioned nearest to the south corner of the front (south west) elevation and the two second floor dormer windows which are positioned nearest to the south corner of the front (south west) elevation shall be non-opening below a height of 1.7m above internal floor level and glazed with obscure glass, and thereafter be retained. APPLICATION GRANTED SUBJECT TO ENTERING A BINDING SECTION 106 AGREEMENT 23/01301/VAR - BUTETOWN Multi Storey Car Park, Stuart Street, Butetown Variation of Conditions 2, 4, 5, 7, 8 10, 11 and 17 of 19/01012/MJR to reflect a move to a system build approach and allow more of the existing car park to be demolished, removal of the green walls, alterations to the footprint of the building particularly along the northern boundary slightly reducing the building footprint, two car parking spaces to be lost, the use of a "split-level" parking arrangement, car parking spaces are to be increased, increase to the height of the car park building, and alterations to the car parks facades. (Councillor Gunter did not take part in the discussion or vote on this item in accordance with her prejudicial interest) The application was granted subject to the signing of a Section 106 agreement. Conditions regarding DEMP / CEMP to be authorised by the Planning Committee Chair. 23/01925/VAR – CATHAYS Guildford Crescent, Cathays, Cardiff Proposed residential-led mixed use redevelopment comprising residential apartments (use class C3) including ancillary indoor and outdoor residential amenity space; flexible commercial floorspace on the ground floor (use class A1, A2, A3, B1, D1 and D2); landscaping; related infrastructure and engineering works (Approved 12 November 2021 - 21/01682/MJR): - Variation of condition 2 (Approved Plans) of 21/01682/MJR to amend the approved scheme as follows: 1) Demolish and re-build the existing Guildford Crescent Facade; 2) Window framing (transoms removed); 3) Level 1 and Level 2 windows (inclusion of louvre and mini-profile concrete side panels); 4) The size of commercial unit 1; 5) Reconfiguration of first floor roof terrace; and 6) Introduction of access door off Level 1 amenity lobby onto foyer roof. The application was granted subject to the signing of a Section 106 agreement. APPLICATION DEFERRED 21/02863/MJR - LLANISHEN 30-36 Fishguard Road, Llanishen, Cardiff, CF14 5PQ Proposed demolition of existing garages and erection of new attached development to form flats (Councillor Hunt did not take part in the discussion or vote on this item in accordance with his prejudicial interest) The application was deferred for a site visit to take place.
RESOLVED: To note the applications decided by delegated powers between 29.04.24 and 04.07.24.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations and recommendations of the Committee when discussing the way forward.
RESOLVED – That the following matters be dealt with as indicated: (1) Application 1 The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage/Private Hire Driver’s Licence given that a complaint has been received stating that he refused to take a journey from Cardiff train station to Penarth after allegedly saying he was available for hire Addressing the Sub Committee, the driver’s representative asserted that the driver had not broken any rules and suggested he had had been singled out by this complaint. He was not registered with the ICO and was not legally allowed to store information about customers and their trips as he was self-employed. The Chair noted that the allegation from the witness was that the driver was asked to take someone in his cab and said yes, but then changed his mind and refused the fare. He acknowledged that Penarth was out of the Cardiff area, but the witness’ contention was that this was not why it was refused The driver’s representative suggested that the driver was not obligated to explain to a member of the public why he wasn’t able to take a fare. The driver added that the witness did not ask him whether he was booked, and just said ‘Penarth’ as his window was rolling down. He also suggested that it wasn’t a formal rank as it was only his taxi there. Addressing the Sub Committee, the witness stated that he was out with his family on a day out, and as they worked their way down the rank they were turned down by quite a few cabs when he said they needed to go to Penarth. A few of the drivers told them to ask the first cab on the rank, which he did. After he turned down the fare, another driver advised him that this was not allowed, and so he made a complaint. His daughter told him that it was like that every weekend when she tried to get to Penarth. The driver reiterated that he had not heard anything from the witness other than ‘Penarth’, and would not have been able to get back in time for his next booked trip if he had accepted it. He did not have a record of it but regularly took passengers to Penarth and other destinations outside of town. Responding to questions from the Sub Committee, he emphasised that he had no objection at all to taking passengers anywhere they asked. Responding to questions from the Sub Committee, the witness explained that he had complained about another driver too, and this driver had not been singled out. The driver’s representative summarised that while there was an issue with some drivers cherry-picking jobs, this driver had made clear that he did not do that. He only turned this one down because he had a job booked already and wouldn’t have been able to get back in time. He had done nothing wrong legally and did not deserve to be punished. RESOLVED – that the driver receive a written warning. (2) Application 2 The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Private Hire Driver’s Licence given that he declared he was disqualified from driving and had received a driving ban from the DVLA. Addressing the Sub Committee, the driver explained that his offence had occurred when he was having a very bad day. He was going through a lot of stress and his wife had just filed divorce papers. He was working as a chef and finished late, and had drunk two pints. He undertook another vehicle while it was raining heavily and was pulled over. After that, he lost everything and didn’t have any other opportunities for work. He hoped that Members would give him another chance to get back on the road and earn a proper living. Responding to questions from the Sub Committee, the driver explained that he was still working as a chef but was only able to do occasional part-time work as he did not have a car and it was hard to travel long distances. He relied on his wife and friends to give lifts but this was not always possible. RESOLVED – that the Private Hire Driver’s Licence be revoked. (3) Application 3 The Sub Committee were asked to consider an application for the Grant of a Hackney Carriage and Private Hire Driver's Licence given that the applicant had a conviction contrary to the guidance. Addressing the Sub Committee, the driver explained that he had made some silly mistakes but he wanted to feed his family and children. He stated he was a businessman and not aggressive Responding to questions from the Sub Committee, the driver explained that he had re-applied for a Private Hire Driver’s Licence as he had previously owned a takeaway shop which he had sold and wanted to do something comfortable and easy. He had previously been in possession of a Private Hire Driver’s Licence in Newport (6 months) and Cardiff (just under a year). He had stopped after 6 months in Newport as he did not like travelling. He had not renewed either licence. RESOLVED – that the application for the Grant of a Hackney Carriage and Private Hire Driver's Licence be refused. (4) Application 4 The Sub Committee were asked to consider an application for the Grant of a Hackney Carriage and Private Hire Driver's Licence given that the applicant previously held a licence with the Authority but was convicted for taking his daughter out of the county without the mother’s consent in 2019. He was also referred to committee in 2019 and subsequently had his licence revoked. Addressing the Sub Committee, the driver explained that he first moved to Cardiff in 1994 and his daughter was born in 2012. He was then banned from the UK for 10 years and moved back to Romania. In 2014, he was accused of kidnapping his daughter. His wife moved to London and he was unable to go to his daughter’s school or doctors. His wife and daughter then moved back to Romania, and he had attended court on six occasions to try to gain custody of his daughter as she had returned from Romania with injuries. Responding to questions from the Sub Committee the driver explained that he had not seen his daughter for 4 or 5 years and she was now 12 years of age. He had received a prison sentence for taking his daughter out of the UK without her mother’s consent. Whilst in prison he was attacked. When he came out of prison he was not feeling well so he had handed in his badge. He informed the Sub Committee that he was now fit and well and wanted to come back to work as quickly as possible. He explained that it was just a family quarrel and there was no violence involved. RESOLVED – that the application for the Grant of a Hackney Carriage and Private Hire Driver's Licence be refused. (5) Application 5 The Sub Committee were asked to consider an application for the Grant of a Hackney Carriage and Private Hire Driver's Licence given that the applicant previously held a licence with the authority but was convicted for totting up points on his DVLA licence. He was also referred to committee and subsequently had his licence revoked. The driver explained that he had not committed any speeding offences whilst working as a taxi driver. He had been a delivery driver with his own shop and the police had caught him on camera speeding. He now had a clean driving licence. He stressed that he had never committed any crimes and had now learnt his lesson. For one and half years had had no employment, lost his licence and lost his shop. He informed the Sub Committee that he had a security job but that only provided him with 10 days’ work per month which was not enough and asked for another chance. Responding to questions from the Sub Committee the driver explained that the court had given him the chance to drive despite his points and said that if he made another mistake he would receive a 6 month ban. The police then stopped him for a worn tyre and he lost his licence for 6 months and his shop. He said that he had tried to use the train but the last one was at 10.00 pm and there were no busses. Sometimes he slept on the sofa which was hard. He explained that he had lost his licence before his taxi licence and had disclosed this information in his last application. The car with the worn tyre was his only car and the one he used as a taxi. RESOLVED – that the application for the Grant of a Hackney Carriage and Private Hire Driver's Licence be refused.
RESOLVED – That Gavin McArthur be appointed Chairperson and Chris Burns be appointed Deputy Chairperson.
RESOLVED – That the Committee’s Terms of Reference be noted.
RESOLVED – That: (1) the report be noted; (2) the Section 151 Officer provide the Committee with a quantified breakdown of the 2023/24 budgeted activity that did not take place and was used to cover overspends.
RESOLVED – That: (1) the Committee notes the Unaudited Draft Statements of Account 2023/24; (2) the Committee notes that following the external audit, the Final Statements and the Audit of Accounts (ISA260) reports for 2023/24 will be reviewed by this Committee, prior to consideration by Council; (3) The Head of Finance to provide the Committee with an update on the works to reinstate St Davids Hall into operation.
RESOLVED – That the report be noted.
RESOLVED – That the report be noted.
RESOLVED – That the report be noted.
RESOLVED – That the report is noted.
RESOLVED – That the report be noted.
RESOLVED – That the report be noted.
RESOLVED – That: (1) the Committee approved its Annual Report 2023/24 (2) the Annual Report 2023/24 be presented to Council.
RESOLVED – That the report be noted.
RESOLVED – That the report be noted.
RESOLVED – That the report be noted
RESOLVED – That the report be noted
RESOLVED – That the report be noted
RESOLVED – That the report be noted.
RESOLVED – T H A T the report be referred to Cabinet with the recommendation that the “Tools of Effective Scrutiny” workshop be included as a mandatory session within the 2027 Elected Member Induction Programme. Reason for decision In order for Cabinet to consider the Tools of Effective Scrutiny workshop being included as a mandatory training session in the 2027 Elected Member Induction Programme.
RESOLVED – T H A T the minutes of the meeting held on 27th November, 2023 be approved as a correct record. For Members’ information, in drawing attention to the minute relating to the recommendations of the Independent Remuneration Panel for Wales, the Interim Head of Democratic Services advised the Committee that the Members’ schedule of remuneration for 2024/25 was required to be forwarded to the IRPW and uploaded to the Council’s website by 31st July, 2024.