RESOLVED – T H A T the further work being undertaken by the Local
Government Association and Welsh Local Government Association on the
programme of work be noted and that a copy of the report be forwarded to all
Members of the Council for their information.
Reason for decision
Having considered the report and discussions at the meeting.
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.
Minutes and DN - KB
No.
RESOLVED –
(1) T H A T the Annual Report April 2023 to March 2024 of the Adjudication
Panel for Wales be noted and forwarded to Members of the Vale of Glamorgan
Council for their information.
(2) T H A T a briefing note with regard to aspects of the Annual Report be
provided to all Clerks at the next meeting of the Monitoring Officers meeting with
Clerks of the Vale of Glamorgan.
Reason for decisions
(1&2) Having considered the report and discussions at the meeting.
RESOLVED –
(1) T H A T the Appeals received following the refusal of the Council to grant
planning permission, as detailed in Section A of the report, be noted.
(2) T H A T the Enforcement Appeal received as set out in Section B of the
report, be noted.
(3) T H A T the Planning Appeal Decisions, as detailed in Section C of the
report, be noted.
Minutes - MS
No.
(4) T H A T the Enforcement Appeal Decisions, as detailed in Section D of the
report, be noted.
(5) T H A T the statistics relating to appeals for the period April 2024 – March
2025, as detailed in Section E of the report, be noted.
RESOLVED –
(1) T H A T the passed building regulation applications, as listed in Section A of
the report, be noted.
(2) T H A T the rejected building applications, as listed in Section B of the
report, be noted.
(3) T H A T the serving of Notices under Building (Approved Inspectors Etc.)
Regulations 2000, as listed in Section C of the report, be noted.
RESOLVED – T H A T the attendance of the following Councillors at the site visit
indicated, held on 5th September 2024, be noted.
Apologies were received from Councillors M.R. Wilson (Vice-Chair), C.E.A
Champion, C.M. Cowpe and E. Williams.
Land to the South of Hood Road, Councillor N.C. Thomas (Chair),
Barry Councillors J. Aviet, I. Buckley, P.
Drake, N.P. Hodges, Dr. I.J. Johnson
I.A.N. Perry and C. Stallard.
RESOLVED –
(1) T H A T the Head of Legal and Democratic Services be authorised to issue
an Enforcement Notice under Section 172 of the Town and Country Planning Act
1990 (as amended) to require:
(i) Demolish the marquee.
(ii) Remove from the land all items and materials resulting from the
undertaking step (i).
(2) T H A T in the event of non-compliance with the Notice, authorisation is
also sought to take such legal proceedings as may be required.
Minutes - MS
No.
Reasons for decisions
(1) It appeared to the Council that the above breach of planning control
constituting operational development consisting of the construction of a raised
decking structure and bar structure, had occurred within the last 4 years.
(2) The white glossy appearance of the marquee coupled with its significantly
visible location within the Dyffryn Basin and Ridge Slopes Special Landscape
Area was considered detrimental to the surrounding rural character of the area
and wider landscape. The white design of the marquee resulted in a stark
contrast which did not fit well into the landscape, and negatively affected outward
and inward views to the SLA. The development was therefore considered to
conflict with policies MG17 (Special Landscape Areas), MD1 (Location of New
Development, criterion 1) and SP10 (Built and Natural Environment) of The Vale
of Glamorgan Adopted Local Development Plan 2011-2026 and TAN12- Design
and the advice within the Tourism and Leisure Development SPG.
(3) There had been no further indication that the building would be removed at
the time of writing the report.
(4) It was considered that the decision complied with the Council’s well-being
objectives and the sustainable development principle in accordance with the
requirements of the Well Being of Future Generations (Wales) Act 2015.
(ii) Land and Buildings at 12 Chapel Close, Dinas Powys –
The report sought authorisation to serve an Enforcement Notice in relation to a
raised platform which had been constructed to the rear of 12 Chapel Close, Dinas
Powys, without planning permission. It was considered that construction of a
raised platform within the rear garden enabled unrestricted views into the windows
and gardens of neighbouring properties, resulting in an unacceptable loss of
privacy and thereby resulting in a loss of residential amenity.
It was therefore also considered expedient to serve an Enforcement Notice as the
development failed to safeguard residential amenity. Authorisation was also
sought to pursue legal proceedings in the event that the Enforcement Notice was
not complied with.
RESOLVED –
(1) T H A T the Head of Legal and Democratic Services be authorised to issue
an Enforcement Notice under Section 172 of the Town and Country Planning Act
1990 (as amended) to require:
(i) Permanently reduce the height of the raised platform comprising the
top tier of the rear garden to no higher than 300mm above the original
level of the ground directly below.
Minutes - MS
No.
(2) T H A T in the event of non-compliance with the Notice, authorisation is
also sought to take such legal proceedings as may be required.
Reasons for decisions
(1) It appeared to the Council that the above breach of planning control
constituting of operational development comprising the construction of the raised
platform to the rear of the property had occurred within the last 4 years.
(2) The raised platform comprising the top tier of the rear garden was
considered to result in an unacceptable degree of overlooking towards the rear of
neighbouring properties and loss of privacy and was therefore considered to have
an unacceptable impact on residential amenity, contrary to paragraphs 9.2.1 and
9.2.2 of the Council’s Residential and Householder Development SPG as well as
Policy MD2 of the Adopted Local Development Plan.
(3) In view of the issues identified in the paragraphs above, it was considered
expedient to pursue action to require the platform to be reduced from 600mm, to
no higher than 300mm above the original ground level directly below.
(4) It was considered that the decision would comply with the Council’s well-
being objectives and the sustainable development principle in accordance with the
requirements of the Well-being of Future Generations (Wales) Act 2015.
RESOLVED –
(1) T H A T the revocation of the Hazardous Substances Consents
1992/01078/HAZ, 2001/00678/HAZ and
2002/01696/HAZ be approved.
(2) T H A T the Head of Legal and Democratic Services be authorised to take
all necessary legal steps to make a Revocation Order under Section 14(2)(d) of
the Planning (Hazardous Substances) Act 1990 relating to Hazardous Substance
Consents 1992/01078/HAZ, 2001/00678/HAZ and 2002/01696/HAZ including the
service of such Revocation Orders to the Welsh Ministers for confirmation
pursuant to s.15 of the Planning (Hazardous Substances) Act 1990 and those
persons set out in sub-section (3) of s.15;
Minutes - MS
No.
Reasons for decisions
(1) Hazardous Substance Consents ref. 1992/01078/HAZ, 2001/00678/HAZ
and 2002/01696/HAZ had not been relied upon since 2010. Despite this,
consultation zones associated with the Consents were a constraint to
development in the Barry Docks area. Therefore, their revocation was justifiable.
The Council was satisfied that the substances had not been present on site for
over 5 years as aerial photography showed the site had been vacant for over 5
years and the site had not been registered to store hazardous substances under
the COMAH Regulations since 2010. Therefore, it was possible to revoke the
Consent under Section 14(2)(d) of the Planning (Hazardous Substances) Act
1990.
(2) It was considered that the decision complied with the Council’s well-being
objectives and the sustainable development principle in accordance with the
requirements of the Well Being of Future Generations (Wales) Act 2015.
RESOLVED – T H A T the applications as outlined within the report, on pages 75
through 80, as determined by the Head of Sustainable Development under
delegated powers, be noted.
RESOLVED – T H A T the minutes of the meetings held on 19th July, 2024 and the
Special meeting held on 5th September, 2024 be approved as correct records.
RESOLVED – T H A T the attendance of the following Councillors at the site visits
indicated, held on 19th July 2024, be noted.
Apologies were received from Councillors C.E.A Champion, C.M. Cowpe, P.
Drake, N.P. Hodges, Dr. I.J. Johnson, C. Stallard and M.R. Wilson (4 Cliff Parade,
Penarth) and C.M. Cowpe, P. Drake and M.R. Wilson (Land at Former Eagleswell
School, Eagleswell Road, Llantwit Major).
4 Cliff Parade, Penarth. Councillor N.C. Thomas (Chair),
Councillors I. Buckley, I.A.N. Perry and
E. Williams.
Land at Former Eagleswell Councillor N.C. Thomas (Chair),
School, Eagleswell Road, Councillors I. Buckley, C.A. Cave,
Llantwit Major C.E.A. Champion, N.P. Hodges,
Dr. I.J. Johnson, I.A.N. Perry,
C. Stallard and E. Williams.
Non-Committee Member also
present: W.A. Hennessy.
Minutes - MS
No.
RESOLVED: that
1. the ongoing Housing Emergency and the new demands that will add further pressures to homelessness services and temporary accommodation be noted.
2. the acquisition of the properties identified in the confidential Appendix B be approved and authority be delegated to the Corporate Director - People and Communities in consultation with the S151 Officer, Legal services and the Cabinet members for Housing and Communities and Finance, Modernisation and Performance for all matters arising from the acquisitions and to authorise exchange of contracts and completion of those properties in accordance with the Heads of Terms annexed to this report subject to:
a. Approval of appropriate grant funding being secured from Welsh Government
b. Confirmation of a suitable financial viability assessment for each purchase
c. Confirmation that the decision does not result in commitments outside the budget framework.
d. Receipt of updated/formal valuation confirming the value contained in confidential Appendix E & F
3. authority be delegated to the Corporate Director People & Communities, in consultation with the Cabinet Member for Housing & Communities, to consider responses to the recent Homelessness Consultation and to implement any consequential policy changes as appropriate and within existing budgets.
RESOLVED: that Council be recommended to -
i. Note the agreement reached in principle and ratify the decision to complete the formal settlement agreement with HMRC
ii. Agree that conclusion of the final terms of an Agreement is delegated to the Chief Executive, in consultation with the Section 151 Officer, Monitoring Officer, Leader of the Council and the Cabinet Member for Finance, Modernisation and Performance.
iii. Note the Capitalisation Direction agreed and now available to support the financial strategy to fund the liability subject to Council agreement.
iv. Agree to amend the 2024/25 budget in accordance with budget policy framework to align with the agreed financial strategy in relation to this issue.
v. Agree to the inclusion within the Council’s Capital Strategy and program this expenditure in for 2024/25.
vi. Agree the necessary changes to the Revenue Budget for the Medium Term reflecting the impact on Capital financing for future years in accordance with the Capital Direction (to be reflected as appropriate in future Budget Monitoring reports for 2024/25).
vii. Agree to incorporate all medium-term Capital and Revenue implications within the amended Medium Term Financial Plan and Capital Strategy as part of the next annual Budget update through Council in February / March 2025.
viii. Note that the Council will pursue all options available to pursue the Landfill tax debt outstanding.
RESOLVED: Council AGREED:
1.
To approve the new appointments of Local Authority governors to the school governing bodies as set out in Appendix 1, each for a term of 4 years from the date of the appointment, in accordance with the recommendations of the Local Authority Governor Panel.
RESOLVED: Council AGREED:
a.
to approve the revised allocation of seats on Committees as set out in Appendix A;
b.
to receive nominations for the revised allocation of seats to committees;
c.
to appoint the revised membership of committees as shown at Appendix B;
d.
to approve the change to the membership on the Local Government Association outside body as outlined in paragraph 12.
RESOLVED: Council AGREED:
a.
to approve the amendment of the Members’ Schedule of Remuneration 2024–2025 with effect from 1st October 2024, as attached at Appendix A;
b.
to authorise the Monitoring Officer to update the Members’ Schedule of Remuneration in the Constitution;
c.
to delegate authority to the Head of Democratic Services to make any necessary amendments to the 2024-2025 Schedule from time to time during the municipal year in order to reflect any changes in membership of the Council, Cabinet or Committees or as a result of any Supplementary Reports issued by the Independent Remuneration Panel for Wales.
RESOLVED: Council AGREED:
1.
To approve the appointment of Louise Evans as the new independent member, subject to and in accordance with the recommendation of the Appointments Panel, as outlined on the Amendment Sheet, subject to the receipt of satisfactory references, as approved by the Chair of the Standards and Ethics Committee and in consultation with the Monitoring Officer, for a term of 6 years.
RESOLVED: Council AGREED:
i.
to note the agreement reached in principle and ratify the decision to complete the formal settlement agreement with HMRC;
ii.
that conclusion of the final terms of an Agreement be delegated to the Chief Executive, in consultation with the Section 151 Officer, Monitoring Officer, Leader of the Council and the Cabinet Member for Finance, Modernisation and Performance;
iii.
to note the Capitalisation Direction agreed and now available to support the financial strategy to fund the liability subject to Council agreement;
iv.
to amend the 2024/25 budget in accordance with budget policy framework to align with the agreed financial strategy in relation to this issue;
v.
to the inclusion within the Council’s Capital Strategy and program this expenditure in for 2024/25;
vi.
the necessary changes to the Revenue Budget for the Medium Term reflecting the impact on Capital financing for future years in accordance with the Capital Direction (to be reflected as appropriate in future Budget Monitoring reports for 2024/25);
vii.
to incorporate all medium-term Capital and Revenue implications within the amended Medium Term Financial Plan and Capital Strategy as part of the next annual Budget update through Council in February / March 2025;
viii.
to note that the Council will pursue all options available to pursue the Landfill tax debt outstanding.
RESOLVED – T H A T the position statement on Internal Audit recommendations
made, implemented and outstanding as at 31st July, 2024 be noted.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
RESOLVED –
(1) T H A T the contents of the report and the progress made against the Internal
Audit Risk Based Plan 2024/25 be noted.
(2) T H A T the relevant Head of Service / Director to be invited to attend the next
meeting to provide the necessary assurances that improvements would be made in
respect of the follow up audit which resulted in a second limited assurance opinion
audit report.
Reasons for decisions
(1) Having regard to the contents of the report and discussions at the meeting.
(2) To gain assurance that improvements were being made.
RESOLVED –
(1) T H A T the draft Vale of Glamorgan Council Annual Self-Assessment
2023/24 be noted.
(2) T H A T the comments of the Governance and Audit Committee be referred to
Cabinet for its consideration and for Cabinet to advise whether or not it accepts the
individual recommendations raised by Governance and Audit Committee, those
being:
For 2023/24 report:
• More narrative in relation to the Council’s engagement activity
judgement;
• More narrative in relation to the Council’s procurement judgement;
• The actual number of people who had responded to social media polls;
• Increased narrative in relation to the issues around Oracle Fusion;
• For the commentary in relation to Levelling Up and transforming towns
fund to be double checked for accuracy;
• For the definitions for each rating to be incorporated into the report
itself and not through a hyperlink;
• Where percentages are used as a figure, for the actual number to also
be provided; and
• The importance of a public summary and infographics to aid
understanding and communication.
For 2024/25 report:
• More content around the work of Champions in terms of their
engagement work;
• Streamlining of the amount of performance information / data within the
report;
• More reflection and narrative in relation to areas of development;
• Where actions had not been delivered or achieved for there to be
increased narrative around the reasons why; and
• The inclusion of a list of objectives that had not been delivered.
Reasons for decisions
(1) Having regard to the contents of the report and discussions at the meeting.
(2) To advise Cabinet of the views of the Governance and Audit Committee.
RESOLVED –
(1) T H A T the self-assessment questionnaire feedback information and areas of
learning and development be noted.
(2) T H A T a draft training programme be developed to reflect the views of the
Governance and Audit Committee.
Reason for decisions
(1&2) Having regard to the contents of the report and discussions at the meeting.
RESOLVED – T H A T the Quarter 1 monitoring report for Treasury Management
2024/25 be noted.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
RESOLVED –
(1) T H A T the contents of the Forward Work Programme 2024/25 be noted.
(2) T H A T the schedule of items for the next meeting on 21st October, 2024 be
approved subject to the Head of Service / Director to be invited to attend to provide
assurance in relation to the limited audit opinion report.
Reasons for decisions
(1) Having regard to the contents of the report and discussions at the meeting.
(2) To confirm attendance for the meeting schedule for 21st October, 2024.
Vale of Glamorgan, Governance and Audit Committee,
RESOLVED –
(1) T H A T the contents of the reference from Cabinet of 18th July, 2024 and the
Annual Corporate Safeguarding Report 2023/24 be noted.
(2) T H A T the comments of the Governance and Audit Committee in relation to
the Annual Corporate Safeguarding Report 2023/2024 be referred to Cabinet.
Reasons for decisions
(1) Having regard to the contents of the report and discussions at the meeting.
(2) To advise Cabinet of the views of the Governance and Audit Committee.
RESOLVED –
(1) T H A T the draft Governance and Audit Committee Annual Report 2023/24
be noted.
(2) T H A T individual Members of the Governance and Audit Committee be given
two weeks in which to respond in writing to the Head of the Regional Internal Audit
Service.
Reason for decisions
(1&2) Having regard to the contents of the report and discussions at the meeting.