Councils must help people who are homeless or about to lose their home, find temporary places to stay, and plan for new affordable homes. Some councils own and manage council housing; in others, housing associations do.
The Cabinet member for housing leads, with big decisions at Cabinet. Housing plans and rent levels for council homes go to the Cabinet or full Council.
If you're at risk of losing your home, contact the council's housing options team as early as possible: the law says it must help. For wider issues, contact your councillors.
| Council | Items | With a decision |
|---|---|---|
| Vale of Glamorgan | 43 | 16 |
| Cardiff | 34 | 32 |
| Swansea | 16 | 4 |
| Rhondda Cynon Taf | 10 | 10 |
| Blaenau Gwent | 2 | 2 |
| Newport | 1 | 0 |
RESOLVED; that 1. the review of the Shared Prosperity Fund attached to the report as Appendix A be noted. 2. authority be delegated to Assistant Director for Housing and Communities in consultation with the Section 151 Officer to extend any existing Shared Prosperity Fund Schemes subject to the criteria outlined in paragraph 24 should any successor scheme be implemented.
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 the public be excluded from the meeting at this point during consideration of this item as the Committee discussed exempt information of the description contained in paragraph 14 of Part 4 and paragraph 21 of Part 5 of Schedule 12A of the Local Government Action 1972. The public may be excluded from the meeting by resolution of the Committee pursuant to Section 100A (4) of the Local Government Act 1972 during discussion of this item. 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 1. The 2024/25 transactions list and Annual Property Plan, attached at Appendix 1, be approved. 2. The appropriation of the former Wolf’s Castle, Llanishen from the Investment Estate to Housing Revenue Account (HRA), at the value outlined in Confidential Appendix 4, be approved.
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 1. the progress being made to address the on-going Housing Emergency in Cardiff be noted 2. the acquisition of the properties and land identified in confidential appendices B & C 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 to authorise exchange of contracts and completion of those properties in accordance with the Heads of Terms annexed to this report subject to: · Approval of appropriate grant funding being secured from Welsh Government · Confirmation of a suitable financial viability assessment for each purchase · Confirmation that the decision does not result in commitments outside the budget framework. 3. the extension of the use of specific hotel provision at the Copthorne hotel as family homeless accommodation be approved for a period of approximately 12 months. 4. the Cardiff Local Housing Needs Assessment (2022-2027) be approved.
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 public be excluded from the meeting at this point during consideration of this item as the Committee discussed exempt information of the description contained in paragraph 16 of Part 4 and paragraph 21 of Part 5 of Schedule 12A of the Local Government Action 1972. The public may be excluded from the meeting by resolution of the Committee pursuant to Section 100A(4) of the Local Government Act 1972 during discussion of this item. 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: Council AGREED to: 1. Note the appointment by the Appointments Committee of Debbie Marles as the Director of Governance and Legal Services, to take effect on or before 25th July 2024, with the exact date to be confirmed; 2. Designate Debbie Marles as the Council’s Monitoring Officer, pursuant to Section 5 of the Local Government and Housing Act 1989, with effect from the date of commencement of her employment (in accordance with recommendation 1 above).
RESOLVED: that 1. the proposed procurement route for the over cladding of Nelson House and Loudoun House be approved ; and the evaluation criteria set out in the report be approved, and the commencement of the procurement process be agreed. 2. all aspects of the procurement process for the over cladding works to Nelson Houses and Loudoun House (up to and including award of contract/s and any ancillary matters) be delegated to the Director of Adults Housing and Communities in consultation with the Cabinet Member Housing and Communities, Corporate Director Resources and Director of Governance and Legal Services, subject to approval of appropriate grant funding being secured from Welsh Government.
RESOLVED: that the Housing Revenue Account (HRA) Business Plan 2024-2025 for presentation to Welsh Government be approved.
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: Council AGREED to: 1 Approve the Revenue, Capital and Housing Revenue Account budgets including all associated proposals and assumptions as set out in this report and increasing the Council Tax by 6.0% and that the Council resolve the following terms; 2 Note that at its meeting on 14 December 2023 Cabinet calculated the following amounts for the year 2024/25 in accordance with the regulations made under Section 33(5) of the Local Government Finance Act 1992: a) 151,372 being the amount calculated in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) (Wales) Regulations 1995, as amended, as its Council Tax base for the year. Lisvane 3,068 Pentyrch 3,709 Radyr 4,090 St Fagans 2,006 Old St Mellons 2,512 Tongwynlais 830 being the amounts calculated in accordance with Regulation 6 of the Regulations as the amounts of its Council Tax base for the year for dwellings in those parts of its area to which special items relate. 2.1 Agree that the following amounts be now calculated by the County Council of the City and County of Cardiff for the year 2024/25 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:- a) Aggregate of the amounts which the Council estimates for the items set out in Section 32(2)(a) to (d) (including Community Council precepts totalling £568,735): £1,326,949,735 b) Aggregate of the amounts which the Council estimates for items set out in Section 32(3)(a) and (c): £480,997,000 c) Amount by which the aggregate at 2.1(a) above exceeds the aggregate at 2.1(b) above calculated in accordance with Section 32(4) as the budget requirement for the year: £845,952,735 d) Aggregate of the sums which the Council estimates will be payable for the year into its Council Fund in respect of Revenue Support Grant, its council tax reduction scheme, redistributed Non-Domestic Rates: £623,157,566 e) The amount at 2.1(c) above less the amount at 2.1(d) (net of the amount for discretionary relief of £400,000), all divided by the amount at 2.0(a) above, calculated in accordance with Section 33(1) as the basic amount of Council Tax for the year: £1,474.48 f) Aggregate amount of all special items referred to in Section 34(1): £568,735 g) Amount at 2.1(e) above less the result given by dividing the amount at 2.1(f) above by the amount at 2.0(a) above, in accordance with Section 34(2) of the Act, as the basic amount of Council Tax for the year for dwellings in those parts of the area to which no special items relate: £1,470.72 h) The amounts given by adding to the amount at 2.1(g) above the amounts of special items relating to dwellings in those parts of the Council's area mentioned below, divided in each case by the amount at 2.0(b) above, calculated in accordance with Section 34(3) as the basic amounts of Council Tax for the year for dwellings in those parts of the area to which special items relate. Lisvane 1,494.35 Pentyrch 1,523.32 Radyr & Morganstown 1,511.13 St Fagans 1,496.49 St Mellons 1,492.72 Tongwynlais 1,505.54 I) The amounts given by multiplying the amounts at 2.1(g) and 2.1(h) above by the number which in the proportion set out in the Council Tax (Valuation Bands) (Wales) Order 2003 is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation band D calculated in accordance with Section 36(1) of the Act as the amounts to be taken into account for the year in respect of categories of dwellings listed in different valuation bands. A B C D E F G H I £ £ £ £ £ £ £ £ £ Area Lisvane 996.23 1,162.27 1,328.31 1,494.35 1,826.43 2,158.50 2,490.58 2,988.70 3,486.82 Pentyrch 1,015.55 1,184.80 1,354.07 1,523.32 1,861.84 2,200.35 2,538.87 3,046.64 3,554.41 Radyr 1,007.42 1,175.32 1,343.23 1,511.13 1,846.94 2,182.74 2,518.55 3,022.26 3,525.97 St. Fagans 997.66 1,163.93 1,330.22 1,496.49 1,829.05 2,161.59 2,494.15 2,992.98 3,491.81 Old St. Mellons 995.15 1,161.00 1,326.87 1,492.72 1,824.44 2,156.15 2,487.87 2,985.44 3,483.01 Tongwynlais 1,003.69 1,170.97 1,338.26 1,505.54 1,840.11 2,174.67 2,509.23 3,011.08 3,512.93 All other parts of the Council’s Area 980.48 1,143.89 1,307.31 1,470.72 1,797.55 2,124.37 2,451.20 2,941.44 3,431.68 2.2 Note that for the year 2024/25, the Police and Crime Commissioner for South Wales has stated the following amounts in precepts issued to the Council, in accordance with Section 40 of the Local Government Finance Act 1992 for each of the categories of dwelling shown below:- VALUATION BANDS A B C D E F G H I £ £ £ £ £ £ £ £ £ 235.11 274.30 313.48 352.67 431.04 509.41 587.78 705.34 822.90 2.3 Having calculated the aggregate in each case of the amounts at 2.1(i) and 2.2 above, the County Council of the City and County of Cardiff in accordance with Section 30(2) of the Local Government Finance Act 1992 hereby sets the following amounts as the amounts of Council Tax for the year 2024/25 for each of the categories of dwellings shown below:- Part of Council’s Area VALUATION BANDS A B C D E F G H I £ £ £ £ £ £ £ £ £ Area Lisvane 1,231.34 1,436.57 1,641.79 1,847.02 2,257.47 2,667.91 3,078.36 3,694.04 4,309.72 Pentyrch 1,250.66 1,459.10 1,667.55 1,875.99 2,292.88 2,709.76 3,126.65 3,751.98 4,377.31 Radyr 1,242.53 1,449.62 1,656.71 1,863.80 2,277.98 2,692.15 3,106.33 3,727.60 4,348.87 St. Fagans 1,232.77 1,438.23 1,643.70 1,849.16 2,260.09 2,671.00 3,081.93 3,698.32 4,314.71 Old St. Mellons 1,230.26 1,435.30 1,640.35 1,845.39 2,255.48 2,665.56 3,075.65 3,690.78 4,305.91 Tongwynlais 1,238.80 1,445.27 1,651.74 1,858.21 2,271.15 2,684.08 3,097.01 3,716.42 4,335.83 All other parts of the Council’s Area 1,215.59 1,418.19 1,620.79 1,823.39 2,228.59 2,633.78 3,038.98 3,646.78 4,254.58 2.4 Authorise the Corporate Director Resources to make payments under Section 38 of the Local Government (Wales) Act 1994 from the Council Fund by equal instalments on the last working day of each month from April 2024 to March 2025 in respect of the precept levied by the Police and Crime Commissioner for South Wales in the sum of £53,384,363; 2.5 Agree that the Common Seal be affixed to the said Council Tax; 2.6 Agree that the Common Seal be affixed to precepts for Port Health Expenses for the period 1 April 2024 to 31 March 2025, namely: County Council of the City and County of Cardiff £155,460 Vale of Glamorgan County Borough Council £17,620 2.7 Agree that notices of the making of the said Council Taxes signed by the Chief Executive be given by advertisement in the local press under Section 38(2) of the Local Government Finance Act 1992; 3 In accordance with the Local Government Act 2003, the Local Authority (Capital Finance and Accounting) (Wales) Regulations 2003 and subsequent amendments and the CIPFA Prudential Code and Treasury Management Codes of Practice: (a) Approve the Capital Strategy 2024/25 (b) Approve the Treasury Management Strategy 2024/25 and authorise the Section 151 Officer to raise such funds as may be required to finance capital expenditure by temporary or long-term borrowing (c) Approve the Prudential Indicators for 2024/25 – 2028/29 including the affordable borrowing limit (d) Delegate to the Section 151 Officer the ability to effect movement between the limits for borrowing and long-term liabilities, within the limit for any year, and to bring forward or delay schemes in the Capital Programme (e) Approve the Minimum Revenue Provision Policy for 2024/25 4 To approve the Budgetary Framework outlined in this report; 5 To maintain the current Council Tax Reduction Scheme as set out in this report.
RESOLVED: that having taken account of the comments of the Section 151 Officer in respect of the robustness of the budget and the adequacy of the reserves as required under Section 25 of the Local Government Act 2003, and having considered the responses to the Budget Consultation Council be recommended to: 1.0 Approve the Revenue, Capital and Housing Revenue Account budgets including all associated proposals and assumptions as set out in this report and increasing the Council Tax by 6.0% and that the Council resolve the following terms. 2.0 Note that at its meeting on 14 December 2023 Cabinet calculated the following amounts for the year 2024/25 in accordance with the regulations made under Section 33(5) of the Local Government Finance Act 1992: a) 151,372 being the amount calculated in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) (Wales) Regulations 1995, as amended, as its Council Tax base for the year. Lisvane 3,068 Pentyrch 3,709 Radyr 4,090 St. Fagans 2,006 Old St. Mellons 2,512 Tongwynlais 830 being the amounts calculated in accordance with Regulation 6 of the Regulations as the amounts of its Council Tax base for the year for dwellings in those parts of its area to which special items relate. 2.1 Agree that the following amounts be now calculated by the County Council of the City and County of Cardiff for the year 2024/25 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:- a) Aggregate of the amounts which the Council estimates for the items set out in Section 32(2)(a) to (d) (including Community Council precepts totalling £568,735). £1,326,949,735 b) Aggregate of the amounts which the Council estimates for items set out in Section 32(3)(a) and (c). £480,997,000 c) Amount by which the aggregate at 2.1(a) above exceeds the aggregate at 2.1(b) above calculated in accordance with Section 32(4) as the budget requirement for the year. £845,952,735 d) Aggregate of the sums which the Council estimates will be payable for the year into its Council Fund in respect of Revenue Support Grant, its council tax reduction scheme, redistributed Non-Domestic Rates. £623,157,566 e) The amount at 2.1(c) above less the amount at 2.1(d) (net of the amount for discretionary relief of £400,000), all divided by the amount at 2.0(a) above, calculated in accordance with Section 33(1) as the basic amount of Council Tax for the year. £1,474.48 f) Aggregate amount of all special items referred to in Section 34(1). £568,735 g) Amount at 2.1(e) above less the result given by dividing the amount at 2.1(f) above by the amount at 2.0(a) above, in accordance with Section 34(2) of the Act, as the basic amount of Council Tax for the year for dwellings in those parts of the area to which no special items relate. £1,470.72 h) The amounts given by adding to the amount at 2.1(g) above the amounts of special items relating to dwellings in those parts of the Council's area mentioned below, divided in each case by the amount at 2.0(b) above, calculated in accordance with Section 34(3) as the basic amounts of Council Tax for the year for dwellings in those parts of the area to which special items relate. Lisvane 1,494.35 Pentyrch 1,523.32 Radyr & Morganstown 1,511.13 St Fagans 1,496.49 St Mellons 1,492.72 Tongwynlais 1,505.54 i) The amounts given by multiplying the amounts at 2.1(g) and 2.1(h) above by the number which in the proportion set out in the Council Tax (Valuation Bands) (Wales) Order 2003 is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation band D calculated in accordance with Section 36(1) of the Act as the amounts to be taken into account for the year in respect of categories of dwellings listed in different valuation bands. A B C D E F G H I £ £ £ £ £ £ £ £ £ Area Lisvane 996.23 1,162.27 1,328.31 1,494.35 1,826.43 2,158.50 2,490.58 2,988.70 3,486.82 Pentyrch 1,015.55 1,184.80 1,354.07 1,523.32 1,861.84 2,200.35 2,538.87 3,046.64 3,554.41 Radyr 1,007.42 1,175.32 1,343.23 1,511.13 1,846.94 2,182.74 2,518.55 3,022.26 3,525.97 St. Fagans 997.66 1,163.93 1,330.22 1,496.49 1,829.05 2,161.59 2,494.15 2,992.98 3,491.81 Old St. Mellons 995.15 1,161.00 1,326.87 1,492.72 1,824.44 2,156.15 2,487.87 2,985.44 3,483.01 Tongwynlais 1,003.69 1,170.97 1,338.26 1,505.54 1,840.11 2,174.67 2,509.23 3,011.08 3,512.93 All other parts of the Council’s Area 980.48 1,143.89 1,307.31 1,470.72 1,797.55 2,124.37 2,451.20 2,941.44 3,431.68 2.2 Note that for the year 2024/25, the Police and Crime Commissioner for South Wales has stated the following amounts in precepts issued to the Council, in accordance with Section 40 of the Local Government Finance Act 1992 for each of the categories of dwelling shown below:- VALUATION BANDS A B C D E F G H I £ £ £ £ £ £ £ £ £ 235.11 274.30 313.48 352.67 431.04 509.41 587.78 705.34 822.90 2.3 Having calculated the aggregate in each case of the amounts at 2.1(i) and 2.2 above, the County Council of the City and County of Cardiff in accordance with Section 30(2) of the Local Government Finance Act 1992 hereby sets the following amounts as the amounts of Council Tax for the year 2024/25 for each of the categories of dwellings shown below:- Part of Council's Area VALUATION BANDS A B C D E F G H I £ £ £ £ £ £ £ £ £ Area Lisvane 1,231.34 1,436.57 1,641.79 1,847.02 2,257.47 2,667.91 3,078.36 3,694.04 4,309.72 Pentyrch 1,250.66 1,459.10 1,667.55 1,875.99 2,292.88 2,709.76 3,126.65 3,751.98 4,377.31 Radyr 1,242.53 1,449.62 1,656.71 1,863.80 2,277.98 2,692.15 3,106.33 3,727.60 4,348.87 St. Fagans 1,232.77 1,438.23 1,643.70 1,849.16 2,260.09 2,671.00 3,081.93 3,698.32 4,314.71 Old St. Mellons 1,230.26 1,435.30 1,640.35 1,845.39 2,255.48 2,665.56 3,075.65 3,690.78 4,305.91 Tongwynlais 1,238.80 1,445.27 1,651.74 1,858.21 2,271.15 2,684.08 3,097.01 3,716.42 4,335.83 All other parts of the Council’s Area 1,215.59 1,418.19 1,620.79 1,823.39 2,228.59 2,633.78 3,038.98 3,646.78 4,254.58 2.4 Authorise the Corporate Director Resources to make payments under Section 38 of the Local Government (Wales) Act 1994 from the Council Fund by equal instalments on the last working day of each month from April 2024 to March 2025 in respect of the precept levied by the Police and Crime Commissioner for South Wales in the sum of £53,384,363. 2.5 Agree that the Common Seal be affixed to the said Council Tax. 2.6 Agree that the Common Seal be affixed to precepts for Port Health Expenses for the period 1 April 2024 to 31 March 2025 namely £ County Council of the City and County of Cardiff 155,460 Vale of Glamorgan County Borough Council 17,620 2.7 Agree that notices of the making of the said Council Taxes signed by the Chief Executive be given by advertisement in the local press under Section 38(2) of the Local Government Finance Act 1992. 3.0 In accordance with the Local Government Act 2003, the Local Authority (Capital Finance and Accounting) (Wales) Regulations 2003 and subsequent amendments and the CIPFA Prudential Code and Treasury Management Codes of Practice: (a) Approve the Capital Strategy 2024/25. (b) Approve the Treasury Management Strategy 2024/25 and authorise the Section 151 Officer to raise such funds as may be required to finance capital expenditure by temporary or long-term borrowing. (c) Approve the Prudential Indicators for 2024/25 – 2028/29 including the affordable borrowing limit. (d) Delegate to the Section 151 Officer the ability to effect movement between the limits for borrowing and long-term liabilities, within the limit for any year, and to bring forward or delay schemes in the Capital Programme. (e) Approve the Minimum Revenue Provision Policy for 2024/25. 4.0 To approve the Budgetary Framework outlined in this report. 5.0 To maintain the current Council Tax Reduction Scheme as set out in this report. The Cabinet, having taken account of the comments of the Section 151 Officer in respect of the robustness of the budget and the adequacy of the reserves as required under Section 25 of the Local Government, Act and having considered the responses to the Budget Consultation is recommended to: 6.0 the changes to fees and charges as set out in Appendix 4 (a) and 4 (b) to this report be approved. 7.0 authority be delegated to the appropriate Director in consultation with the appropriate Cabinet Member, the Section 151 Officer and the Cabinet Member for Finance, Modernisation & Performance, to amend or introduce new fees and charges during the year, subject if necessary (having regard to the proposed change), to an Equality Impact Assessment and public consultation being undertaken and the results thereof being duly considered before the delegated authority is exercised. 8.0 the financial challenges facing the Council as set out in the Medium-Term Financial Plan be recognised. 9.0 in the event that final settlement differs from Provisional Settlement (as set out in paragraph 35 of the report), there will be a proportionate adjustment to or from earmarked reserves, and that the Section 151 Officer be authorised to prepare an addendum to the 2024/25 Budget to reflect the requisite changes.
RESOLVED: that 1) the Welsh Government White Paper and its proposals to change policy and law, to end homelessness in Wales be noted. 2) the Council’s response to the Welsh Government consultation response to the ‘Ending Homelessness in Wales’ White Paper (Appendix A) be approved.
RESOLVED: that 1. authority be delegated to the Chief Executive and Section 151 Officer in consultation with the Leader of the Council to progress the proposed unallocated funding processes identified in this report in paragraphs 16 to 19. 2. authority be delegated to the Assistant Director for Communities and Housing to allocate any underspend as outlined in paragraphs 20 to 21. 3. authority be delegated to Chief Executive and Section 151 Officer in consultation with the Leader of the Council to conclude any arrangements relating to overall regional underspend.
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. APPLICATIONS GRANTED SUBJECT TO ENTERING INTO A BINDING SECTION 106 AGREEMENT 22/02673/FUL – PENTWYN / LLANRUMNEY Cardiff East Park and Ride, Eastern Avenue, Old St Mellons, Cardiff, CF23 8HH Demolition of existing structures and redevelopment of the site to provide commercial floorspace (Use Classes B1, B2, B8, A3) and/or ancillary Class A1), associated drive-thru and car parking; the re-provision of the park and ride; a bridge across the Rhymney River; site wide landscaping and associated works. Subject to the amendment of Conditions 7, 18 and 19 (as set out in the Amendment Sheet and Late Representations dated 11.0.24). APPLICATION GRANTED 23/01427/ FUL – HEATH 35 St Isan Road, Heath, Cardiff, CF14 4LU Construction of two storey extension to side and rear of existing building, roof alterations including raising of ridge height and dormers, extending existing Pharmacy and creating 2no. additional flats with provision of amenity space and bike store. (Councillor Garry Hunt left the meeting during consideration of this application in accordance with his personal and prejudicial interest) APPLICATION REFUSED 20/00187/MJR – LLANDAFF Land at De Braose Closer, Danescourt, Cardiff Residential development comprising 36 dwellings together with associated infrastructure, public open space and woodland management (Councillor Adrian Robson t left the meeting during consideration of this application in accordance with his prejudicial interest) REASON: This application was considered Planning Committee on 7 December 2023. It was resolved to defer the application to the next meeting of the Committee for reasons for refusal based on the objections raised by the Committee. The application was refused for the following reasons: 1. The development, by reason of its location within a significant identified area of Open Space, would exacerbate the existing deficiency of Open Space within the Llandaff ward, as identified by the Open Space Survey (2022), contrary to the provisions of Policy C4 of the adopted Local Development Plan (2016) and guidance contained within Planning Policy Wales (Edition 11, February 2021) (paragraph 4.5.3). 2. The creation of an extensive, engineered vehicular access through the significant woodland, including the removal of trees, would cause unacceptable harm to the established character and appearance of the existing mature and established woodland and public footpath network which cannot be mitigated by replanting, or the translocation scheme proposed, or outweighed by any other benefits of the development. The proposal is therefore contrary to the provisions of KP5, EN6, EN7 and EN8 of the Local Development Plan (2016), Supplementary Planning Guidance Green Infrastructure (including Technical Guidance Notes relating to: Ecology and Biodiversity and; Trees and Development) (November 2017), as well as Chapter 6 of Planning Policy Wales (Edition 11, February 2021 – with Chapter 6 updated October 2023) and Policy 9 (Resilient Ecological Networks and Green Infrastructure) of Future Wales: The National Plan 2040. 3. The development, by virtue of its siting and the quality of proposed connections for both walking and cycling, does not provide safe, legible and otherwise well designed connectivity to nearby shops, facilities and schools for the proposed affordable housing development, contrary to Policies KP5, T1 and C6 of the adopted Local Development Plan (2016) and guidance within the adopted Cardiff Residential Design Guide
RESOLVED: that 1) the findings of the review of care home placements for older people be noted. 2) work being done to improve to quality assurance for care homes for older people be noted. 3) the approach to fee setting for older people’s care home placements for 2024-25 and other services commissioned by Adult Services be agreed, subject to further consultation with care providers and confirmation of the financial allocation through the budget setting process. The related decision-making authority in respect of the annual uplifts for care and support and the new standard cost of care rates for placements in care home for older people for 2024/25 be delegated to the Director of Adults, Housing and Communities in consultation with the Cabinet Member for Social Services (Adults) the Section 151 Officer and the Monitoring Officer. 4) the approach for the future commissioning of care home placements for older people, including a combination of approved provider and framework arrangements be agreed and the decision-making authority regarding any related procurement of services be delegated to the Director of Adults, Housing and Communities in consultation with the Cabinet Member for Social Services (Adults) the Section 151 Officer and the Director of Law and Governance.
RESOLVED that the approach for rent and service charge setting for Council owned dwellings for financial year 2024/25 (as set out in this report) be approved.
RESOLVED: that 1. a consultation process on the proposed policy changes outlined in paragraphs 34, 39 and 40 of the report, including the consideration of intentionality in making homeless decisions, the removal of areas of choice for homeless applicants on the Common Housing Waiting List and offering private rented accommodation outside the city, in neighbouring local authority areas be undertaken. 2. final approval on implementing the changes under recommendation (i) above be delegated to the Corporate Director People and Communities in consultation with the Cabinet Member, Housing and Communities, following a full impact assessment and consultation with stakeholders. 3. in principle the acquisition of the property identified in Appendix 1and the direct award of a new contract for the meanwhile modular delivery of temporary accommodation across the sites identified in Appendix 2 be noted and approved. 4. final approval of the acquisition of properties and direct award of the contract to Wates set out in recommendation (iii) above and any ancillary matters relating to it be delegated to the Corporate Director, People & Communities in consultation with the S.151 Officer, Legal Services and the Cabinet members for Housing & Communities and Finance, Modernisation and Performance subject to: · Approval of appropriate grant funding being secured from Welsh Government, · Agreement of Head of Terms for the proposed lease arrangements with Welsh Government and Cardiff & Vale Health Board for the sites identified in Appendix 2 and in relation to the property purchase identified in Appendix 1. · Confirmation of a suitable financial viability assessment for each of the sites. · Confirmation that the decision does not result in commitments outside budget framework constraints.
RESOLVED – That the public be excluded from the meeting at this point during consideration of this item as the Committee discussed exempt information of the description contained in paragraph 16 of Part 4 and paragraph 21 of Part 5 of Schedule 12A of the Local Government Action 1972. The public may be excluded from the meeting by resolution of the Committee pursuant to Section 100A(4) of the Local Government Act 1972 during discussion of this item. AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
RESOLVED: that 1. the overarching approach for the procurement of the external Advice Service provision be approved. 2. authority be delegated to the Director of Adults, Housing & Communities in consultation with the Cabinet Member with responsibility for Tackling Poverty, Equality & Public Health, to determine all aspects of the procurement process (including finalising the evaluation criteria to be used, commencement of the procurement process, the award of the contracts and all ancillary matters pertaining to the procurement).
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations 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 of the Committee when discussing the way forward.
RESOLVED: Council AGREED to: 1. Designate Debbie Marles, the Monitoring Officer of the Vale of Glamorgan Council, as Interim Monitoring Officer for Cardiff Council with effect from 27th October 2023 until such time as the new Director of Governance and Legal Services and Monitoring Officer takes up their position, subject to conclusion of a Service Level Agreement (SLA) with the Vale of Glamorgan Council (to be concluded under recommendation 2 below); 2. Delegate authority to the Corporate Director Resources, with advice from the Director of Governance and Legal Services (or her authorised representative), to conclude an SLA with the Vale of Glamorgan Council for the provision of Interim Monitoring Officer services (as referred to in recommendation 1 above) upon appropriate terms, including those set out in paragraph 12 of the report; 3. Note that, as part of the previously agreed recruitment and selection process, an Appointments Committee will be convened to appoint a new Director of Governance and Legal Services under its approved terms of reference, and that a further report will be brought back to a future meeting of Council to note the appointment and for Council to designate the new appointee as the Council’s Monitoring Officer pursuant to section 5 of the Local Government and Housing Act 1989; 4. Agree that, until a new Director of Governance and Legal Services is in post, other responsibilities of the post (aside from the Monitoring Officer functions which are to be discharged under the Interim MO arrangements set out above), including exercise of delegated powers under the Scheme of Delegations (including, without limitation to, those set out in Section 4E of the Scheme) and or delegations from Council, Cabinet or any of its Committees, are to be discharged temporarily by the appropriate Operational Manager/s within Governance and Legal Services with responsibility for the relevant matters, or, in their absence, by any of the Operational Managers within Governance and Legal Services. 4.A Agree that, until a new Operational Manager, Litigation, is in post, all delegated powers of this post (under the Scheme of Delegations and or delegations from Council, Cabinet or any of its Committees), may be exercised by any of the Operational Managers within Legal Services. 5. Designate Jayne La Grua as: (i) Interim Deputy Monitoring Officer for the CCRCD with effect from 27th October 2023; and (ii) Interim Monitoring Officer for the CCRCD with effect from 1st November 2023, Subject to the terms of the Service Level Agreement for Legal Services being amended (pursuant to recommendation 6 below) to reflect the new arrangements for Cardiff’s provision of an Interim Monitoring Officer for the CCRCD, as set out in the report (paragraphs 16-21 inclusive); 6. Subject to approval of recommendation 5, delegate authority to the Director of Governance and Legal Services (or her authorised representative), to amend the terms of the SLA for Legal Services for the CCRCD (as referred to in recommendation 5 above) to reflect the new Interim Monitoring Officer appointment; and 7. Appoint the Corporate Director Resources as: (i) Interim Deputy Returning Officer for the election of County Councillors and Community Councillors within the administrative area of Cardiff (under section 35(1A) of the Representation of the People Act 1983) with effect from 27th October 2023 (being the date on which the Director of Governance and Legal Services leaves the Council) and until such time as the Chief Executive, as the Council’s appointed Returning Officer, reviews the position and appoints any alternative deputy; and (ii) Interim Deputy Electoral Registration Officer (under section 8(2A) of the Representation of the People Act 1983) to ensure there is effective cover for the statutory responsibilities of this post until the Chief Executive’s return.
RESOLVED: Pursuant to this Committee’s delegated powers the following development control 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. APPLICATIONS RESOLVED TO BE GRANTED SUBJECT TO ENTERING INTO A BINDING SECTION 106 AGREEMENT 23/01705/VAR – BUTETOWN RED DRAGON CENTRE AND COUNTY HALL, ATLANTIC WHARF, CARDIFF A variation of condition application made pursuant to Section 73 of the Town and Country Planning Act 1990 to vary Condition 2 (approved plans), Condition 9 (CEMP) and Condition 10 (Soil Resource Survey) of the detailed planning permission (Arena and Hotel) within hybrid planning permission reference: 21/02687/MJR The application was approved as per recommendation subject to the amendments to the conditions set out with in the Amendment Sheet/Late Representations Schedule. 23/00050/FUL – CAERAU LAND SOUTH OF NARBERTH ROAD, CAERAU, CARDIFF Development of 83 residential units (use Class C3, including affordable housing) as well as associated vehicular, cyclist and pedestrian access, engineering and infrastructure works, landscaping, open space and sustainable urban drainage. The application was approved as per recommendation subject to the amendments to the conditions set out with in the Amendment Sheet/Late Representations Schedule. APPLICATION GRANTED 23/01501/FUL – FAIRWATER CANTONIAN HIGH SCHOOL, FAIRWATER ROAD, FAIRWATER, CARDIFF Construction of new Cantonian, Woodlands and Riverbank Schools and other associated buildings including new Health and Well-being Centre. Provision of various outdoor spaces, Sports Pitches and Multi-Use Games Areas, Flood-lighting, parking and access provision, cycle and refuse storage areas, SuDS provision and other associated work including the demolition of the school buildings. The application was approved as per recommendation.
RESOLVED that: 1. the draft Shared Prosperity Fund Programme and Review as set out in Appendix A be approved. 2. Authority be delegated to the Director of Economic Development in consultation with the Leader of the Council, the Section 151 officer and the Monitoring Officer to make minor changes to the approved Shared Prosperity Fund Programme referred to in recommendation 1 above if required following any further discussions with the organisations referred to in paragraph 29. 3. the funding to be allocated for the delivery of the projects identified in paragraphs 30 to 31 be approved. 4. Authority be delegated to the Director of Economic Development to allocate any programme underspends to the Open Call scheme identified in paragraphs 16 to 21. 5. Authority be delegated to the Assistant Director, Housing and Communities to conclude any grant arrangements as a result of the Open Call as outlined in paragraph 21.
RESOLVED: Council AGREED to: 1. Note the forthcoming vacancy of the post of Director of Governance and Legal Services, and approve a recruitment and selection exercise to fill the post; 2. Agree no changes to the statement of duties, terms and conditions, including remuneration for the post, as previously determined by ECC and Council and referenced in paragraphs 6 and 9 of this report; 3. Delegate authority to the Corporate Director, Resources, to put in place appropriate arrangements for public advertisement of the post; 4. Note that an Appointments Committee will be convened to make a suitable appointment under its approved terms of reference; 5. Receive a further report/s to: a) Note the Appointments Committee’s appointment of a new Director of Governance and Legal Services and for Council to designate the new appointee as the Council’s Monitoring Officer pursuant to section 5 of the Local Government and Housing Act 1989; b) Agree the arrangements to be made for, and the designation of, an Interim Monitoring Officer, to discharge the statutory functions of this role until such time as the new Director of Governance and Legal Services and Monitoring Officer takes up their position; 6. Authorise the Monitoring Officer to amend the Constitution Article 11 references to the term ‘employee’ to read instead as ‘officer’, in order to remove the inconsistency within the Constitution, as explained in paragraph 17 of the report; 7. Assign the Corporate Director Resources to assist in carrying out the Returning Officer’s duties during his absence, with effect from the date on which the Director of Governance and Legal Services (as Deputy Returning Officer) leaves the employment of the Council.
RESOLVED: to consider the Call-In. The Chairperson explained the structure of the meeting at Stage Two and that, he had agreed that Cllr Joel Williams could ask questions as part of the consideration of the Call-In; however, he could not take part in the determination of the Call-In as he is not a Member of this Committee. Members were reminded that the scope of the Call-In, and therefore the scope of Members’ questions, was limited to the reasons set out by Councillor Taylor in his request for a Call-In. These were set out in full at point 11 of the scrutiny cover report in the committee papers. The Chairperson asked if there were any questions at this point. Cllr Williams noted that there were no Cabinet Members present at the meeting and asked if they had been invited to attend. It was explained that when seeking availability for the Call-In meeting, the date that was best for most Committee Members was not a date that the Cabinet Member could make. It was stressed however, that as this was an Officer Decision, the Cabinet Member was not required to attend. Cllr Berman sought clarification on whether there was any further information he needed to be briefed on as he was unable to attend the pre-meeting. It was explained that the information discussed at the pre- meeting was the same information contained in the papers. For consideration of the Call-In, the Chairperson welcomed: · Cllr Rhys Taylor – the Member who has Called-In the decision. · Neil Hanratty – Director of Economic Development · Jon Maidment – Head of Parks and Cardiff Harbour Authority · Richard Crane – Operational Manager – Principal Solicitor (Property and Planning) · Eirian Jones – Operational Manager – Strategic Estates · Steve Robinson – Operational Manager – Commissioning and Procurement Cllr Taylor was invited to present his reasons for the Call-In as follows: 1. The process does not represent value for money for the council or public purse. It does not represent value to the public purse to end a lease of a sitting tenant who is open to negotiation on the terms of their lease, including increasing their rent obligations. The willingness of the tenant to do this is a matter of public record. The council engaged with the current tenant to renegotiate the lease in June/July 2022, only to reject the options appraisal presented by the tenant in December 2022, on request of the council. In February 2023 the council determined that it would no longer be able to re-negotiate the lease and was required to go out to public tender in July 2023. The rationale for doing this is open to question. 2. The council progressed the current process (public tender) on the basis of incomplete or inaccurate information. The council’s position in February 2023 that it could not progress on the basis of a re-negotiation with the sitting tenant because it was progressing a Management Agreement - rather than a lease with an accompanying Management Agreement - was incorrect. Advice presented to officers subsequent to the decision to opt for a Management Agreement (and therefore public tender) stated that the council is not able to solely offer a Management Agreement and must use a lease as the primary vehicle. Had proper advice been sought at the outset, the protracted and costly process could have been avoided. In addition, the initial lease negotiations – and decision to adopt a new approach in February 2023 – was led by officers who with neither legal nor lease expertise. As such, the process has been flawed from the outset. 3. The process has undermined a successful, independent business which council policy (including Procurement Policy) wishes to promote. The council’s refusal to formally extend the end point for the tenants’ lease, opting rather for a Tenancy at Will, stripped the business of legal rights and protections, and has put significant financial pressures on the business. With only a 24-hour notice period to end the tenancy, the decision to move to a Tenancy at Will has needlessly put huge pressures on a successful, popular independent business. There has been a lack of scrutiny around the decision to move from a lease to a management agreement and subsequently to move the tenant on to a Tenancy at Will. Furthermore, the lack of complete and accurate advice on the terms of which the council was able and should re-shape the lease has undermined the business and council policy. 4. The rationale and decision making around entering a public procurement process, rather than lease negotiation, is not clear. The council has stated that this process is being undertaken for the benefit of users of Bute Park but has failed to set out what the current offer from the current tenant fails to deliver. In addition, there is a large petition and responses to a visitor survey which suggest that users are overwhelmingly supportive and appreciative of the offer of the current tenant. The decision making to date has not taken that public view into account. I would suggest that engaging the New Friends of Bute Park group to gauge public opinion on what the offer from the café should be, just weeks before issuing the tender, suggests that the council was not itself sure what the current gaps in the current offer are, or what it intends to deliver through a public procurement process. Furthermore, it is a matter of record that the sitting tenant was open to re-negotiating the terms of their lease, including increasing their rent obligation. As such, the decision to end the lease deserves full scrutiny. Neil Hanratty & Jon Maidment were invited to present their response. Neil Hanratty stated that he had nothing to add to the written statement that had been submitted and was contained in the papers at Appendix C. Members were invited to ask questions to the panel. These included questions around: · Social Procurement and how this was used in this instance. · The differences between a property lease and a concessionary agreement. · The benefits of the new agreement to the general public. · If the current tenant could bid at the next stage. · Whether information available to inform decision making was complete and accurate · Whether the Council had acted in good faith and complied with the Welsh Government Procurement Policy. · The length of time taken to seek legal advice and speak to the existing tenant. · The views of the Cabinet Member · Stakeholder engagement and consultation including the timing of such · Concern around misleading Council communications to the public. · Drivers for moving to a concessions agreement and the meaning of ‘operational experience’ cited in Appendix C · Whether or not it is good practice to undertake public consultation in these types of cases · Sell 2 Wales process and information provided at various stages · Clarification of 24-hour notice period in Tenancy At Will · Clarity on operational impact if no change to the property lease agreement. · Benefits of changing to a concessionary service agreement. · Impact of extending the property lease until March 2024. · Lessons to learn from this process · Legal implications if remain with property lease agreement – process to be followed and impact on operations · Clarification of what service provision the concessions agreement would include · Whether there were any pertinent legal matters that some, but not all, committee members had been made aware of · Whether there were any additional costs to the Council from this process. Following a short break, Cllr Taylor was invited to sum up, this is summarised as follows: Cllr Taylor stated that this was not about not moving forward, it was clear that the current arrangements needed to be improved, but it is about the process and its fairness and whether the decision taken on the best way forward could be evidenced. He added that he understands the Council is the landlord and that the new agreement benefits them, but he considered that there didn’t seem to be any consideration to the impact on the sole trader and the context they are operating in. Cllr Taylor considered that there needed to be a full apology to the tenant about the length of time taken to seek the correct legal advice and the impact on the tenant during this time. He sought assurances that lessons would be learned on this going forward. He considered that the Council backtracked somewhat by engaging with the New Friends of Bute Park too late in the process and that communications with the public had been generally problematic. Cllr Taylor considered that the ‘no choice’ of options going forward was a value judgement that suits the landlord and not the tenant or users of Bute Park. He considered that lessons needed to be learned so that this situation does not happen again, and Officers do not find themselves with a call-in for a public procurement exercise. In conclusion, Cllr Taylor considered there needs to be a pause, a stay of execution, the length of which should be negotiated between the tenant and the landlord. He stated that this would provide confidence to the tenant, the public, the users of Bute Park and other tenants who may be in a similar position. It would also show fairness and accountability when things go wrong. Neil Hanratty was invited to sum up his response. He stated that he personally regretted the anxiety caused to the existing tenant and staff at the Secret Garden Café, and he apologised for the time taken to get to the point when it was realised a concession agreement was required. He added that he will personally be involved in future conversations with the existing tenant about the way forward. He stated the Council is very happy with the job that the existing tenant and her team do and encouraged the tenant to bid. He stated that he completely disagreed with the view that the Council had not undertaken stakeholder engagement, as the Council had consulted with the existing tenant, who is the stakeholder. He concluded that the right thing to do was for him to receive the response from the Committee, to consider it, and to have a conversation with the tenant. The Chairperson asked each Member for their views going forward. All Committee Members except for Cllr Berman decided to not refer the decision back. Cllr Berman wanted it noted that he did want to refer the decision back. As part of their feedback, Members raised the following points: · Recommend a pause if that is what tenant wishes and is appropriate · Suggest developing guidance to provide clarity on process to follow when move to other concession agreements, learning lessons from this process to improve the process followed · Suggest speaking to the tenant sooner rather than later · Suggest seek legal advice earlier in the process · Recommend the Council review any lessons to learn re communications to ensure public have the full picture. · Suggest reach out proactively to other tenants also affected and contact them as soon as possible. In his feedback, Cllr Berman made the following points supporting his decision to recommend referring the decision back: · Need to learn lessons from this process before going ahead with changes in this or other concessions agreements · Need to review decision, re-examine potential procurement routes and potentially seek external legal advice on this · Need to look at whether need to have shareholder engagement as part of looking at different procurement routes · Need to ensure there is clarity and transparency around the process that gives reassurance to all those interested in the outcome, including those who have signed the petition. AGREED: that the Chairperson, on behalf of the Committee, writes to the Director conveying the above suggestions as recommendations of the Committee when discussing the way forward.
RESOLVED: that 1) the proposed scheme for Pentwyn Leisure Centre be approved as illustrated by the design plans at Appendix 1 and the financial proposal at Confidential Appendix 3 and authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Culture, Parks and Events, the Section 151 Officer, and the Monitoring Officer to: i. Undertake a public consultation on the proposals and consider potential changes as required within the limits of the approved budget set out at Confidential Appendix 3; ii. Deal with all aspects of the procurement of a contractor(s) to undertake the works set out in this report subject to the financial envelope set out at Confidential Appendix 3; iii. Conclude lease agreements with tenants on the terms set out at Confidential Appendices 3 and 4, subject to detailed due diligence and independent valuation to demonstrate best value. 2) the solar energy scheme as set out at Confidential Appendix 5 be approved. 3) Authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Culture, Parks and Events, the Section 151 Officer, and the Legal Officer to deal with all aspects of the procurement of a contractor(s) to deliver the solar energy scheme as set out in this report and at Confidential Appendix 5, subject to the financial envelope set out at Confidential Appendix 5.