Councils run community schools, fund every state school, provide school transport and support pupils with additional learning needs. They plan school places, including Welsh-medium places under a ten-year plan.
The Cabinet decides on school changes, such as opening, closing or merging schools, after a formal consultation. Head teachers and governing bodies run each school day to day.
Proposals to change a school must be consulted on, and anyone can respond. Parents can also become school governors.
| Council | Items | With a decision |
|---|---|---|
| Cardiff | 48 | 45 |
| Swansea | 47 | 7 |
| Vale of Glamorgan | 35 | 10 |
| Carmarthenshire | 12 | 10 |
| Powys | 10 | 1 |
| Neath Port Talbot | 7 | 0 |
| Rhondda Cynon Taf | 5 | 0 |
| Newport | 3 | 0 |
| Monmouthshire | 3 | 1 |
| Torfaen | 2 | 0 |
| Ceredigion | 2 | 0 |
| Blaenau Gwent | 1 | 1 |
| Gwynedd | 1 | 0 |
RESOLVED – T H A T the Forward Work Programme be endorsed subject to the inclusion of update reports relating to Stanwell School scheduled for the Committee meetings set for 17th July and 18th September, 2023. Reason for decision Having regard to the contents of the report and discussions at the meeting.
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2020/00775/OUT Received on 28 July 2022 (P. 28) APPLICANT: JG Hale Construction Ltd, Hafod HA, and Lynwood Inv. AGENT: Michael Rees 22, Cathedral Road, Cardiff, CF11 9LJ Former Railway Sidings, Ffordd y Mileniwm, Barry Residential development at the former sidings, Ffordd y Mileniwm along with associated infrastructure and open space RESOLVED – T H A T subject to the interested person(s) first entering into a Section 106 Legal Agreement to include the following necessary planning obligations: In the event that the residential units are delivered as affordable housing by Hafod Housing (the applicant), or otherwise delivered by the Vale of Glamorgan Council or its other Housing Association Partners (Newydd Housing, United Welsh Housing or Wales & West Housing): • The developer pays £82,494 for the provision or enhancement of educational facilities in schools serving the development for Secondary school children. • The developer pays a contribution of £71,300 towards sustainable transport facilities in the vicinity of the site. • The developer provides public art on the site to the value of 1% of the build costs or otherwise pays a contribution to the same value to the Council. • The developer pays a contribution of £54,587 towards providing or enhancing public open space (outdoor sports facilities) in the vicinity of the site. • The developer pays a contribution of £39,060 towards community facilities in the vicinity of the site. OR No. In the event that the residential units are delivered by any other provider: • The developer pays £167,313 for the provision or enhancement of educational facilities in schools serving the development for Secondary school children. • The developer pays a contribution of £128,800 towards sustainable transport facilities in the vicinity of the site. • The developer provides public art on the site to the value of 1% of the build costs or otherwise pays a contribution to the same value to the Council. • The developer pays a contribution of £98,209 towards providing or enhancing public open space (outdoor sports facilities) in the vicinity of the site. • The developer pays a contribution of £70,560 towards community facilities in the vicinity of the site. AND • The developer pays the legal and implementation / monitoring fees for the S106 agreement. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2020/01590/HYB Received on 25 January 2021 (P. 68) APPLICANT: Mr. Ken Thomas Newbridge Construction Limited, C/o Agent AGENT: Mark Roberts Studio 117, The Creative Quarter, 8a, Morgan Arcade, Cardiff, CF10 1AF Land South of Llandough Hill and Penarth Road, Llandough Hybrid application comprising an outline application for residential development and a full application for the means of access into the site, provision of a spine road, drainage, engineering and infrastructure works (revised viability information received) RESOLVED – T H A T, subject to the interested person(s) first entering into a Section 106 Legal Agreement to include the following necessary planning obligations: • The provision of 15% affordable housing based on a ratio of 60% social rented units and 40% low cost home ownership units; • A contribution towards the provision of school places of £520,470; No. • The provision of the play area as public open space and a management plan for this; • The submission of a viability review upon the submission of the first reserved matters application, if the mix differs from the following: − 59 no. 1 bedroom flats − 41 no. 2 bedroom flats − 14 no. 3 bedroom houses − 19 no. 4 bedroom houses • The submission of a viability review should the development not be complete within 3 years of the approval of the first reserved matters. Separate to any obligation, the payment of an administration fee of £10,409 (2% of the financial contribution sought), to cover the Council’s costs to negotiate, monitor and implement the terms of the necessary Section 106 agreement. APPROVED – Subject to the conditions as contained within the report and the amended conditions 5 and 39 as below: Amend condition 5 as follows: The development shall be carried out in accordance with the following approved plans and documents: PL_10 Site Location Plan (received 31st December 2020) DP rev P2 Design Principles (received 23rd June 2021) PP02 Rev P2 Parameter Plan- Land Use (received 28th May 2021) PP03 Rev P2 Parameter Plan- Scale (received 28th May 2021) PP04 Rev P2 Parameter Plan- Green Infrastructure (received 28th May 2021) PP05 Rev P1 Parameter Plan- Density (received 31st December 2020) PP06 Rev P2 Parameter Plan- Access (received 28th May 2021) Sections 4.1-4.4 of the document titled “Land at Llandough Hill, VOG Phase 2 Ecology Report”, prepared by Soltys Brewster Ecology, dated 15th December 2020 (received 31st December 2020) Flood Consequences Assessment and Drainage Statement, prepared by Stuart Michael Associates, November 2021 (Issue 02) (received 3 rd February 2022) Drainage Technical Note, prepared by Stuart Michael Associates, dated 14th October 2022 (received 18th October 2022) Reason: For the avoidance of doubt as to the approved development and to accord with Circular 016:2014 on The Use of Planning Conditions for Development Management. Amend condition 39 as follows: The development shall be carried out in accordance with the following approved plans and documents: PL_10 Site Location Plan (received 31st December 2020) No. PP-01 Rev P1 Parameter Plan- Detailed App. (received 31st December 2020) PP04 Rev P2 Parameter Plan- Green Infrastructure (received 28th May 2021) 6245.010 Site Access Road Scheme Layout (received 31st December 2020) 6245.011 Site Access Road Vertical Profiles (received 31st December 2020) 6245.012 Site Access Road Proposed Levels and Contours (received 31st December 2020) 6245.013 Site Access Road Cross Sections (received 31st December 2020) 6245.014 Site Access Road Pavement Finishes and Kerb Types (received 31st December 2020) 6245.15 Site Access Road Construction Details (received 31st December 2020) 6245.SK06 Rev I Alternative Site Access Road General Arrangement and Development Plateaus (received 31st December 2020) Sections 4.1-4.4 of the document titled “Land at Llandough Hill, VOG Phase 2 Ecology Report”, prepared by Soltys Brewster Ecology, dated 15th December 2020 (received 31st December 2020) Flood Consequences Assessment and Drainage Statement, prepared by Stuart Michael Associates, November 2021 (Issue 02) (received 3 rd February 2022) Drainage Technical Note, prepared by Stuart Michael Associates, dated 14th October 2022 (received 18th October 2022) other than where amended by condition 64 for the provision of the road layout being shown as constructed up to and adjoining the south east boundary of the application site with the reservoir site (to an adoptable standard). Reason: For the avoidance of doubt as to the approved development and to accord with Circular 016:2014 on The Use of Planning Conditions for Development Management. Reason for decision Having regard to the content of the report and discussions at the meeting. 2022/00268/FUL Received on 16 June 2022 (P. 152) APPLICANT: McQuade C/O Agent, CF11 9HA AGENT: David Thomas, Temple Court, 13A Cathedral Road, Cardiff, CF11 9HA Sunbeams, Twyncyn, Dinas Powys Conversion of existing property to four apartments. Proposed ground and first floor extensions with glazed balcony to the front and Juliette balcony to the rear, raise roofline incorporating front and rear gables RESOLVED – T H A T subject to the applicant entering into a Section 106 Agreement for the following and subject to the following conditions: In the event any of the flats are not Practically Complete on the trigger date, being 2 No. years following the date of planning permission being granted, the owner will submit an updated viability appraisal to the council, or should the planning permission have not been implemented at this point, prior to the commencement of development. Should the appraisal demonstrate that an affordable housing contribution is viable, a contribution not exceeding £82,893.60 shall be paid towards the provision of affordable housing. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2022/01113/RG3 Received on 12 October 2022 (P. 189) APPLICANT: 21st Century Schools Programme Manager Civic Offices, Holton Road, Barry, CF63 4RU AGENT: Mr Mark Farrar The Creative Quarter, 8a Morgan Arcade, Cardiff, CF10 1AF Land at Lower Cosmeston Farm, Lavernock Proposed new specialised school and associated access, landscape, and engineering works. APPROVED – Subject to Welsh Government notifying the Council that the application would not be called in by the Welsh Ministers and subject to the conditions as contained within the report Reason for decision Having regard to the content of the report and discussions at the meeting.
RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C158, 1st December, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. COUNCIL TAX BASE: 2023/24 (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C168, 15th December, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. FINAL HOUSING REVENUE ACCOUNT (HRA) BUDGET PROPOSALS AND 2023/24 AND RENT SETTING 2023/2024 (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C176, 5th January, 2023 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. PROPOSAL TO TRANSFER SPECIALIST RESOURCE BASE AT LLANDOUGH PRIMARY TO YSGOL Y DDRAIG (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C177, 5th January, 2023 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. BUDGET 2023/24 FOR CONSULTATION AND FURTHER MTFP UPDATE (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C189, 19th January, 2023 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. DRAFT TRANSGENDER INCLUSION TOOLKIT AND GUIDANCE DOCUMENT FOR SCHOOLS AND OTHER SETTINGS (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C193, 19th January, 2023 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. THE COUNCIL’S RESPONSE TO THE WELSH GOVERNMENT CONSULTATION: ELECTORAL ADMINISTRATION AND REFORM WHITE PAPER (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C200, 19th January, 2023 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. DRAFT VALE OF GLAMORGAN COUNCIL ANNUAL DELIVERY PLAN 2023-24 (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C226, 16th February, 2023 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution.
RESOLVED – T H A T the Housing Revenue Account Business Plan 2023/53 attached to the report to Cabinet on 2nd February, 2023 (Min. No. C215) be approved and submitted to Welsh Government. Reason for decision To enable the submission of the above Plan to Welsh Government by the required deadline of 31st March, 2023. COUNCIL TAX UNOCCUPIED DWELLINGS: 2023/24 (REF) The Leader presented the reference, the purpose of which was to reaffirm the previous decision not to grant any discount in Council Tax for empty properties and furnished second homes for the 2023/24 financial year. The report proposed that the Council consulted on the levying of a Council Tax premium in 2023/24 in respect of long-term empty properties and in 2024/25 in respect of second homes. This was in line with the Council’s objective to increase the supply of housing in the Vale of Glamorgan. The headline annual need for affordable housing in the Vale of Glamorgan from 2021 to 2026 was 1,205 dwellings. The Leader outlined both proposals, the first being the charging of premiums on long term empty properties (over 12 months) from 2023/24 financial year and second homes from 2024/25 financial year. She also reminded Members that the Council had published its Empty Homes Strategy in March 2020 the findings indicating that quality rented homes were becoming increasingly difficult to find coupled with increasing prices incentivising landlords to sell and the ever widening gap between local housing allowance rents and market rents. This created a shortage of housing and in terms of underlying need and there was an obvious financial benefit to the Council in introducing premiums which in part could contribute to greater engagement and enforcement work. She also alluded to the 528 long term empty properties and 402 second homes in the county. She considered that empty homes were a drain on the Council’s overall resources and the exemptions meant that the properties affected will be lower than 930 in total. She reminded Members that the Council had consulted on the proposals and 385 responses had been received of around 56% were against the proposals however, just over 40% were in favour of charging a premium at some level. Councillor Dr. Johnson referred to his comments made at previous Council meetings in regard to the slowness of the Council to charge the premium and was pleased to see it now being put forward. He considered there were obvious benefits which would encourage bringing empty homes into useful use. Referring to the proposals of Cabinet in terms of its recommendations, Councillor Dr. Johnson sought clarification from the Leader as to how the premiums would be agreed beyond the current fixed stepped increase beyond the period set out in the report as he understood it from the legislation, this would require an annual consultation on either or both of the premiums in future years ahead. He also sought clarification as to whether the Chief Executive and the Leader would be reviewing the premiums and setting these under the delegated authority if granted. Councillor Mahoney referring to the proposals shared concerns regarding empty homes which he felt blighted communities. However, he considered the proposals to be an infringement on civil rights and was of a concern to him as he did not see it was the Council’s responsibility to dictate to individuals regarding the use of their property. He was also concerned that the Council was again ignoring the response of the public consultation exercise not for the first time and he had significant reservations regarding this matter. The Leader, referring to the comments made by Councillor Dr. Johnson, indicated that the recommendations before Council were to provide a reassurance to Members that any review of charges or to change premiums would be brought back to Cabinet and Council for decision and this would also allow the Council to be able to benchmark against other Councils to see how well the initiative worked. In terms of the comments made by Councillor Mahoney, the Leader indicated that she had no problem with people owning two homes or more. However, they had to be in productive use and if they were not they should be prepared to pay an additional contribution and that was the purpose of establishing the policy. RESOLVED – (1) T H A T the following Council Tax premiums be approved: • A 100% Council Tax premium be levied in 2023/24 in respect of long- term empty properties, a 150% premium in 2024/25 and a 200% premium in 2025/26. • A 100% Council Tax premium be levied in 2024/25 in respect of second homes. (2) T H A T delegated authority be granted to the Head of Finance to implement the changes and to notify the owners of all affected properties. (3) T H A T delegated authority be granted to the Head of Finance to determine applications for an exception under the regulations as set out in paragraph 5.5 of the report (see Cabinet report 16th February, 2023.) (4) T H A T the Chief Executive and Leader review those premiums in future years and bring changes to Cabinet and Council for approval as appropriate. Reasons for decisions (1) The Council was required to determine its policy on the introduction of premiums in respect of second homes and long-term empty properties as defined in Sections 12A and 12B of the Local Government Finance Act 1992, as inserted by the Housing (Wales) Act 2014. (2) To ensure that all customers impacted by the introduction of premiums were aware of the changes. (3) To ensure arrangements were put in place to consider exceptions. (4) To ensure premiums levied were kept under review as appropriate. (N.B. Councillors Buckley, Campbell, Charles, Driscoll and Haines withdrew from the meeting during consideration of this item.) DRAFT VALE OF GLAMORGAN COUNCIL ANNUAL DELIVERY PLAN 2023-24 (REF) Cabinet had considered the report on 16th February, 2023 (Minute No. C226 refers) together with the reference from Corporate Performance and Resources Scrutiny Committee, and had referred the same to Council for consideration and approval. The report set out how the draft Annual Delivery Plan (the Plan) 2023-24 (Appendix A to the report) had been developed, the outcome of the consultation and the subsequent changes to the Plan, which detailed the activities that would be undertaken in 2023-24 to deliver those objectives. The Plan also detailed three critical challenges which would be a key focus for the organisation in 2023-24, these being cost of living, Project Zero and organisational resilience. The Council’s four Well-being Objectives provided the framework for the Annual Delivery Plan 2023-24. The commitments within the Annual Delivery Plan would be reflected in Annual Service Plans together with a suite of performance measures which would detail how different Council services would contribute to the delivery of the Council’s four Well-being Objectives. Publishing the Council’s Well-being Objectives at the start of the financial year would enable it to meet its statutory obligations under the performance duties of the Local Government and Election (Wales) Act 2021 and the Well-being of Future Generations (Wales) Act 2015, both of which placed specific duties on the Council in relation to objective setting and reporting. Under the Well-being of Future Generations (Wales) Act, the Council was required to publish its Well- being Objectives by 31st March each year and to keep these under review. RESOLVED – T H A T the Draft Vale of Glamorgan Council Annual Delivery Plan 2023-24, as attached at Appendix A to the report to Cabinet on 16th February, 2023 (Minute No. C226) be approved. Reason for decision Having regard to the contents of the report and discussions at the meeting. CAPITAL STRATEGY 2023/24 AND FINAL CAPITAL PROGRAMME PROPOSALS 2023/24 TO 2027/28 (REF) The Leader, in presenting the report advised that the report had been considered by Cabinet at its meeting on 27th February, 2023 (Minute No. C236 refers) and provided the Council's Capital Strategy for 2023/24 at Appendix 1. The Capital Strategy provided a framework which outlined how capital expenditure, capital financing and treasury management activity contributed to the provision of corporate objectives, along with an overview of how associated risk was managed and the implications for future financial sustainability. The report set out the Council’s proposed Final Capital Programme for the period 2023/24 to 2027/28 at Appendix 2. The Council was facing significant pressures in relation to price inflation and the cost-of-living crisis which had seen increases in the costs of materials and labour. This had had an impact on the current schemes within the Capital Programme and the funding available to fund new schemes within the Capital Programme. The total value of capital schemes over the next five years was £345m. This included £41m for the Band B Sustainable Communities for Learning Programme (excluding the pipeline schemes) and £167m for the Housing Improvement Programme. Since the Draft Capital Programme proposals reported in January, a number of changes had been made including the re-profile of the Sustainable Learning Communities schemes, inclusion of the School Maintenance Grant, the inclusion of two pipeline schemes, (as referred to at Appendix 2 to this report, in relation to St. Richard Gwyn Redevelopment and Cowbridge Primary Phase 2 and worked on two Leisure Centre boilers at Llantwit Major and Cowbridge. Councillor Franks indicated to Members that it was worth considering in the financial year 2021/2022 there had been slippage in the amount of £11.5m and in the current financial year there was a minimum of £8m and therefore he felt that the Administration’s track record on fulfilling the Council’s Capital Budget had not been good. He highlighted that of the £88.2m which was in the budget for the current year only £42.7m would be spent by the end of January with the £8m of slippage likely to grow further. He felt that these figures highlighted that residents in the Vale of Glamorgan had been badly let down by the Administration and was only one area where there had been a failure to invest funding in social housing. He also referred to the fact that he had challenged a statement that work had been continuing at the Hayes Road site and despite promises that the matter would be investigated he had not received any further information on progress of the site to date. He also touched on other schemes which had underspent or either had slipped. He also felt that schools had been badly let down as maintenance had not been carried out and he also highlighted the condition of roads and pavements and queried why the Council had not allocated additional funding to improve matters. In concluding, he felt that the proposed budget was not credible and that the Administration was failing its communities. There being no further comments it was subsequently, RESOLVED – (1) T H A T the Capital Strategy 2023/24 as set out in Appendix 1 to the report to Cabinet on 27th February, 2023, be approved. (2) T H A T the final Capital Programme for the years 2023/24 to 2027/28 as set out in Appendix 2 to the report to Cabinet on 27th February, 2023, be approved. (3) T H A T the Chief Executive and the Head of Finance, in consultation with the Cabinet Member for Performance and Resources, be granted delegated authority to make additions, deletions or transfers to or from the 2023/24 to 2027/28 Housing Improvement Programme as appropriate. (4) T H A T the Chief Executive and the Head of Finance, in consultation with the Cabinet Member for Performance and Resources, be granted delegated authority to make additions, deletions or transfers to or from the 2023/24 to 2027/28 Asset Renewal budgets as appropriate. (5) T H A T the Chief Executive and the Head of Finance, in consultation with the Cabinet Member for Performance and Resources, be granted delegated authority to make additions, deletions or transfers to S106 funded schemes subject to Member consultation as required under the existing process. (6) T H A T the Chief Executive and the Head of Finance, in consultation with the Cabinet Member for Performance and Resources, be granted delegated authority to make additions, deletions or transfers to or from Energy Management Schemes. (7) T H A T the Chief Executive and the Head of Finance, in consultation with the Cabinet Member for Performance and Resources, be granted delegated authority to make additions, deletions or transfers to or from the Building Strong Communities Fund schemes. (8) T H A T the Chief Executive and the Head of Finance, in consultation with the Cabinet Member for Performance and Resources, be granted delegated authority to make additions, deletions or transfers to or from the Sustainable Communities for Learning Band B programme (Previously 21st Century Schools schemes). Reasons for decisions (1) To approve the Capital Strategy for 2023/24. (2) To set and approve future Capital Programmes to 2027/28. (3) To enable the Housing Capital budget to be managed effectively. (4) To enable the Asset Renewal budgets to be managed effectively. (5) To enable S106 schemes to be managed effectively. (6) To enable the Energy Management Schemes to be managed effectively. (7) To enable the Building Stronger Communities Fund to be managed effectively. (8) To enable the Sustainable Communities for Learning Band B programme to be managed effectively. TREASURY MANAGEMENT AND INVESTMENT STRATEGY 2023/24 AND UPDATE 202223 (REF) The report, which had been considered by Cabinet on 27th February, 2023 (Minute No. C237 refers) provided an update on the Council’s Treasury Management operations for the period 1st April to 31st December, 2022. All activities were in accordance with the Council’s approved strategy on Treasury Management. Details of monies borrowed and repaid and those invested were outlined in the report. The report presented the proposed 2023/24 Treasury Management and Investment Strategy at Appendix 1. The Council needed to ensure that the Prudential Code was complied with, which had been developed by CIPFA as a professional code of practice and recently revised in December 2021. To demonstrate the Council had fulfilled these objectives, the Code set out prudential indicators that should be used and the factors that had to be considered. These were shown in Appendix 1 as part of the Strategy. The Council also had a legal requirement to comply with the Welsh Government Guidance on Investments and had taken this into consideration when developing the Strategy. New Borrowing in the period was expected to be £127m for new Capital Expenditure and a further £24m of borrowing to replace maturing loans and reflected the Council’s reducing ability to internally borrow over the period. Capital expenditure when financed by long term debt incurred two elements of cost, interest and repayment of the principal sum borrowed. The resources the Council must put aside in each year to repay the principal sum borrowed was known as Minimum Revenue Provision (MRP) and the Council's policy for the calculation was detailed in the report. The Treasury Management Policy Statement for 2023/24 was attached at Appendix 2 to the report. The Council was required to keep its Treasury Management Practices (attached at Appendix 3 to the report) up to date and these procedures for management of Treasury Management processes were kept under regular review by the team. The Leader confirmed that there were 12 management practices that the Council was required to address and these were set out in the Appendix. The Council’s Treasury Management Practices had been compiled in line with the Treasury Management in the Public Services: Code of Practice and Cross- Sectional Guidance Notes (2021 edition). These had been written in conjunction with the Council’s Treasury Management Policy Statement (TMPS) and Investment Strategy for 2023/24. The TMPS set out the way the Council would seek to achieve its Treasury Management Policies and objectives and how it would manage and control those activities. She reminded all Members that the Financial Management Code was the collective responsibility of all Elected Members. Councillor Champion referred to a recent report that had been submitted to the Welsh Church Act Estate Committee which had led to a request to officers to investigate investing in green funds and to move away from fossil fuel companies. He acknowledged that it may not get the best return by investing in these companies, but the Council needed to demonstrate that it was moving towards this. Councillor Dr. Johnson referred to the recent and important training provided on Treasury Management and acknowledged that the subject matter was not easy to understand. He was pleased to see, for the first time since he had been a Member of the Council, investment income being received as previously this had been limited. Referring to Councillor Champion’s comments, it was his understanding from the training that much of the Council’s income and investments was linked to the Council’s risk appetite and therefore investments were generally made to organisations that had high credit rating given that the funds invested were tax payers’ money. He alluded to recent revenue forecast reported where income was likely to be £75k in the next financial year, but the most fundamental part of the Council’s Treasury Management Strategy was to hold tax payers’ money safely and that it could be used when the Council required it. The Leader, in response, indicated that it was a matter of balancing the need to get a return on investments against the likely risk to that investment. She was glad to see that the Council was getting a return on its investments, but acknowledged that she would like to see the Strategy be as ethical as possible. She hoped that Members would become more engaged in how the Council developed its Strategy on its investments, what the Council was doing with those investments and how it would benefit local residents. RESOLVED – (1) T H A T the policy for making Minimum Revenue Provision in 2023/24 be approved. (2) T H A T the proposed 2023/24 Treasury Management and Investment Strategy, including the following specific resolution (detailed in Appendix 1 to the report), be approved: • The Authorised Limit for External Debt be set at £225.439m for 2022/23, £247.141m for 2023/24, £276.773m for 2024/25 and £305.927m for 2025/26 • The Operational Boundary for External Debt be set at £212.292m for 2022/23, £234.021m for 2023/24, £263.349m for 2024/25 and £292.295m for 2025/26. • The Section 151 Officer be given delegated authority within the total Authorised Limit and Operational Boundary as estimated for individual years to effect movement between the separately agreed limits for borrowing and other long term liabilities. • An upper limit of £10m for 2022/23, £10m for 2023/24, £10m in 2024/25 and £10m in 2025/26 is set for total principal sums invested for over 364 days. • The amount of projected borrowing that is fixed rate maturing in each period as a percentage of total projected borrowing that is fixed rate for 2023/24 be set as: Upper Lower Limit Limit Under 12 months 20% 0% 12 months and within 24 months 20% 0% 24 months and within 5 years 30% 0% 5 years and within 10 years 40% 0% 10 years and above 100% 0% • T H A T the Prudential Indicators set out in Appendix 1 to the report to Cabinet on 27th February, 2023, be approved. • T H A T the Treasury Management Policy Statement set out in Appendix 2 to the report to Cabinet on 27th February, 2023, be approved. Reasons for decisions (1) To agree the basis of the Minimum Revenue Provision calculation for 2023/24. (2) The Treasury Management and Annual Investment Strategy is prepared as required by the Local Government Act 2003. FINAL BUDGET 2023/24 AND MEDIUM TERM FINANCIAL PLAN (MTFP) 2023/24 TO 2028/29 (REF) The Council was facing significant demographic and inflationary pressures in 2023/24 and into the medium term. Cabinet had approved the Financial Strategy and update of the Medium Term Financial Plan in October, at which time there was a funding gap of £28m in 2023/24 and £50m across the Medium Term. Officers reviewed those pressures and funding assumptions in light of the Chancellor’s Budget in November and the Welsh Government Settlement announcement on Tuesday, 13th December, 2022. Pressures had been managed downwards with few of the investment proposals from October 2022 taken forwards which then stood at £1.010m, but managing the inflationary pressures down was more challenging and it was determined appropriate to support the utility based pressures through the temporary use of reserves in the expectation that prices did reduce over the longer term. There was better than expected news in the Settlement. £227m was made available across Wales over and above the 3.5% commitment in last year’s settlement. Consequently, the Council faced a reduced funding gap of £9.255m and following the approval of Cabinet on 19th January, 2023 consulted on a savings package of £6.055m after the one off use of reserves of £3.2m. Pressures and funding had continued to be reviewed alongside comments from the Scrutiny Committees and public and wider consultation. There had been further grants received to support Homelessness alongside a recognition of the need to make greater provision for pay awards. There was a proposed increase in Council Tax of 4.9%. For a Band D property this was the equivalent of £1.32 per week and maintained Council Tax at the mean of Welsh Authorities. There was a £7.378m savings and efficiencies programme for which Equality Impact Assessments had been undertaken, tracking and management arrangements had already been put in place to ensure delivery. As part of the budget deliberations there had been a fundamental review of the Council’s reserves. The reserves had been realigned with the Council’s overall objectives and risks and had been streamlined to provide greater transparency and ease of management. The comments from the public consultation and scrutiny review of the January Budget for consultation had been considered in formulating the final proposals. The Section 151 Officer had assessed the robustness of estimates and adequacy of reserves and was satisfied with both. A supplementary report was presented to Council following the receipt of the Final Settlement from Welsh Government published on 28th February, 2023. The Vale of Glamorgan’s Final Settlement was £202.797, this was an increase of £16.782m in the Aggregate External Finance (AEF), providing an additional £0.178m compared to the Provisional Settlement announced on 14th December, 2022. The overall impact was on the funding side of the budget only with a £0.178m increase in the AEF and a £0.178m reduction in Council Tax through a revision downwards of the income assumed from the premiums on Council Tax for long term empty properties. The Leader reminded Members that the Council was legally required to agree a balanced budget and how that was achieved depended upon the outcome of the debate on the budget. She reminded Members of the challenges detailed in the report previously considered by the Cabinet and Scrutiny Committees and reiterated that it had been a particularly difficult budget round, there had been a huge amount of uncertainty given the challenging economic climate and it made it difficult to financially plan especially, when taking into consideration the last Autumn and setting a financial strategy during the chaos caused by the mini fiscal event by the U.K. government. In all the Council was facing a £28m funding gap. The Leader also reminded Members, that as reported in January, the provisional settlement in December 2022 was much better than expected, but there still remained a sizeable gap. It had been necessary to manage a number of priorities to bring forward a balanced budget. This included notional funding for social care and schools which were uplifted by 5.1% and 7.0% respectively by Welsh Government. The Council was being totally transparent with the level of pressures faced in these services and referred to, for example, in relation to social care there was an additional £8m within the budget, significantly over the Government uplift to ensure that the Council could commission to necessary domiciliary care with the needs of the residential care sector that was experiencing similar inflationary pressures to the Council. In regard to schools an extra £10.4m, a rise of in excess of 9% had been included in the budget recognising all of the inflationary costs being faced, but accepted that there would still need to be some efficiencies. She also felt that it was also important to have regard to the fact that the Council’s Council Tax level was below the average for Wales and the 4.9% proposed increase would see that position maintained, particularly given that some Welsh authorities were setting increases of 2 or 3 points higher. There had also been a difficult choice to be made in identifying a savings package of £4.6m, but the Council was taking the right action. Fees and charges had to go up in line with rising costs and it was therefore essential that the Council covered its own costs. The Leader’s attention then turned to the question of the use of Council reserves and highlighted that there had been a fundamental review of the Council’s reserves. She felt it was important to note that these had been reduced as a result of inflation impacting on the Council’s investments. Pressures remained and therefore it was likely that reserves may have to be used over the next financial year. In concluding, she referred to the various appendices attached to the report, Appendix D related to reserves, Appendix E included an appraisal of the Section 151 Officer of estimates and reserves, Appendix F referred to the budget consultation outcome and Appendix G related to the Equality Impact Assessment. She thanked all those Members who had contributed to the budget consultation exercise and in particular thanked the Council’s finance officers for preparing the reports. The Leader moved the following Motion: (1) That the Final Budget be updated in recognition that the Final Aggregate External Finance figure had increased to £202.797m which was an increase of £16.782m and an improvement on the £6.604m Provisional Settlement figure contained in the report published on 28th February, 2023 as set out in the Supplementary Report circulated prior to the meeting. (2) That a Council Tax increase of 4.9% be approved. (3) That the Budget for 2023/24 be approved. This was duly seconded by the Deputy Leader. Councillor Carroll indicated that the setting of the budget was the single most important decision that the Authority would take in each year. Therefore, he considered it outrageous that the meeting was being held remotely when the meeting should be held in person discussing the matter in the Council Chamber. He considered it a failure of leadership on the part of the Administration that he was unable to do so. He did not consider the failure in leadership to be contained to this matter. When looking at the budget there were a number of other examples. He found it unacceptable that the Administration was proposing an increase in Council Tax by 4.9%, but at the same time cutting services. He cited examples such as black bag collections moving to a three weekly cycle, fees to be introduced for garden waste collection service and other examples of fees and charges increasing. He was particularly concerned regarding the levels of reserves that the Council held referring to the Council’s General Reserve being at £11m. Acknowledging that the Council required reserves he was disputing the level of those reserves held when taking account of levels of reserves held by neighbouring Authorities. In the context of reserves held by the Council he considered that the proposed Council Tax rise was not necessary and the Council could freeze Council Tax for the forthcoming financial year with the cost being borne by the Council from its General Reserves. Councillor Carroll moved the following amendment: That £4.239m be taken out of the Council’s General Reserve to freeze Council Tax for 2023/24. This was duly seconded by Councillor Charles. Councillor Dr. Johnson responding to the amendment felt that it was fair that nobody would take the Conservatives seriously on financial matters they put forward. He was concerned that the proposed amendment had been costed only in the sense that there was some money available, but did not inform Members what would happen in the future and consequently not a particularly sensible way of discussing the matter. He considered the amendment nothing more than grandstanding. It was his view that the Conservatives were particularly problematic given the fiscal event which crashed the economy in the Autumn 2022 and beyond that the slow strangulation of public services which had taken place over the last decade. Having been a Councillor elected to the Council for 11 years he had seen in that time the hollowing out of public services through underfunding as part of austerity, the uncertainty brought about by the economic disaster or Brexit, all of which had fed into the current cost of living crisis. Whilst the Conservative Party had been in power at Westminster, the Labour Party had also been responsible, in his opinion, having spent two thirds of his life with a Tory Government that Wales did not elect and a Labour Party that propped up the Conservative Government by wedding themselves to the constitutional system of unionism, this meant that the Conservative Party were in charge more often than not. This had led to budgets being decreased and underfunding leading to substandard services for ordinary people in Wales at the same time the cost of local services had been transferred from central Government to tax payers and this had resulted in above inflation Council Tax increase over the past decade and were paying more for fewer services. The proposed Council Tax rise was low within the context of inflation and in the middle across Wales, but it was clear that most households would get less services than in previous years. He was also concerned about proposals to introduce charges for garden waste, Council house rents that had risen on average by £300 and the intention to move to a three week black bag collection service. He signalled that he could not support the amendment proposed by the Conservatives as it was unfunded and unexplained. Councillor John considered that the Conservative Group had been asleep since last Autumn Budget which had left the U.K. in a mess. He thanked the Chief Executive and officers for their efforts to reduce the likely impact of the economic challenges faced by the Council as without their intervention the Council could have been facing an increase similar to that of Conwy of 9.9%. He also reminded Members that the Council was currently 15th out of 22 Authorities that would be setting its Council Tax at 4.9% and considered the amendment to be disrespectful to the Council’s Management Team who had brought the budget together with the Members on the Cabinet during a very worrying time. He accepted that nobody liked to pay Council Tax, but it was the only solution to allow the Council to set a balanced budget and he indicated that he would not be supporting the amendment. Councillor Haines referring to the previous comments felt that some Members had not noticed how the Vale of Glamorgan had deteriorated in previous years and felt that the Labour Administration had hit residents doubly by increasing Council Tax but at the same time cutting services. He did not see any reason why the Council held excessive reserves to a greater extent than similar Authorities in Wales. The Council could reduce its reserves and protect the residents particularly those worst off and this should be something the Council’s Administration and its officers should consider. He was particularly concerned with the proposals to extend black bag waste collections and the impact this would have on residents with clinical health issues as they would have to store waste products longer. He indicated that he would be supporting the amendment. Councillor Wilson expressed concern in regard to the proposed amendment taking account of the challenges faced by the Council with it just emerging from the Covid pandemic and now dealing with the implications of the Ukrainian war and the ongoing implications of Brexit. He considered the Council’s approach to reserves held as prudent and did not consider these to be huge amounts held in its General Reserve given the challenges faced by the Council in its recent past and present. He reminded all Members that reserves could only be spent once. Councillor R. Thomas viewed the proposals as giving residents of the Vale a double whammy in that Council Tax would be hiked and services cut. He echoed the comments of his Group Leader in regard to proposed fees to be introduced for garden waste collections and other fee increases, this at the same time that the Council held £11m in its General Reserves which was not an insignificant amount of money proportionately when compared to other Authorities like Cardiff. He felt that reserves should be used to much better use by bolstering services and keeping other charges as low as possible. Councillor Ewan Goodjohn referred to the previous comments made by Councillor Dr. Johnson in regard to the Conservatives being taken seriously on matters such as finances and he considered that to be true. He considered that the amendment put forward by the Leader of the Conservative Group as remarkable. By their own figures put forward, the Council would have utilised its reserves to fund similar cost pressures in three years. He could only conclude that the Conservatives would either be proposing an alternative for the next year which they had not yet set out or that they were proposing on top of the Council Tax increase that would be needed next year whatever that may be, an extra 4.9% on that year which would mean that residents would face even higher Council Tax bills over coming years. He considered the amendment to be extremely irresponsible. Councillor Brooks considered that the comments made by the Conservative Members as reckless given the situation that the Council was facing. Alluding to 12 years of cuts from a Conservative U.K. Government which to a certain extent in Wales, Councils had been protected by the Welsh Government, but when looking over the border at the budgets set in England it was notable that some Councils were facing bankruptcy. The Conservative Group demonstrated a lack of understanding regarding the Council’s reserves and their use. A significant amount of work had gone into planning to obtain a balanced budget and to protect the most vulnerable residents within the Vale of Glamorgan. Statutory services had to be at the forefront and she indicated that she would not be supporting the amendment. Councillor Charles considered that the proposed increase in Council Tax would hit the most vulnerable residents. At the same time they were also facing other financial challenges and she felt that during these difficult times the objective was to save money on the unnecessary and referred to the appointment of additional Directors to the Council. She was also concerned about the proposals to introduce charges for garden waste collections and this would have the biggest impact on people on low income and the most vulnerable and the elderly who did not have vehicles to take their recycling to waste centres. She was concerned that would see an increase in fly tipping. She also indicated that she did not support the proposed increase of 67% in allotment rentals. She indicated that she would be supporting the amendment. Councillor Perry described the Council Tax as not being particularly fair and acknowledged that the Council was in a difficult position, pointing out that Councils in England were facing potential bankruptcy or financial difficulties, some more challenging than the Council’s. He felt that the policies of the U.K. Government over the last 13 years had contributed to the situation that the Council was facing. If the Council did not increase Council Tax it was likely that it would have implications elsewhere for example, the loss of jobs and acknowledged that reserves could only be spent once. He had no doubt if the Council agreed to freeze the Council Tax for the next financial year it was almost certain that it would have to increase it by a larger amount in the subsequent financial year. He considered that the proposed amendment was short sighted and that the political groups should stop playing politics and collaborate more for the benefit of the Vale’s communities. Councillor Hennessy echoed the previous comments of Councillors Carroll and Charles in regard to the appointment of additional Directors and the proposed increase of 4.9% when the most vulnerable would find it difficult to find the funds to pay for green waste collections. He indicated that he would be supporting the amendment. Councillor Fisher referred to the comments made by Councillor Dr. Johnson in regard to the state of the economy at the current time and the impact upon residents which he agreed with, but felt this was the reason why Members needed to consider approving the amendment as it would help residents of the Vale and he indicated that he would be supporting the amendment. Councillor Perkes echoed the comments of Councillor Brooks in regard to the implications of using further reserves and to the impact the previous 12 years of austerity had on local authorities in Wales. She felt that the Conservative U.K. Government had mismanaged the U.K. budget and economy and felt that the Conservative Group were in no position to criticise the proposals and indicated that she would not be supporting the amendment. Councillor Penn considered that if the Conservatives were in charge they would play fast and loose with the Council finances and he was pleased that they were not. Referring to the proposed amendment he enquired as to how this would be funded, which services would be cut and how Council Tax would increase in future years to come. He considered the amendment short sighted with no view to the future, a headline today and financially irresponsible. He indicated that he would not be supporting the amendment. Councillor Driscoll felt that it had been easy to criticise the Conservative Party over the previous 12 years and acknowledged that they had not done themselves any favours. However, he felt that those criticising the Conservatives should look more closer at some of the mistakes that had been made by the Welsh Government and referred to the £155m wasted on the M4 Relief Road. In real terms he considered that residents of the Vale of Glamorgan were paying the third highest Council Tax in Wales. He indicated that he would be supporting the amendment. The Leader in summing up, referred to the amendment which had clearly not been based upon any financial projections or any of the financial information contained in the reports discussed over the previous six months. She drew Members’ attention to Appendix E of the report and the Head of Finance/Section 151 Officer’s report on the robustness of estimates and the sufficiency of the Council’s reserves. She also reminded Members that the Council’s policy on General Reserves was to hold a minimum prudent level which was currently set at £10m, the projected level of General Fund balance would be 3.91% of net revenue budget at the beginning of 2023/24 dropping to 3.74% and it was considered that this remained an appropriate level. She reminded the Conservative Group that it was not a game and alluded to the fact that the Group had imploded in 2019 due to the types of suggestions that the amendment was proposing now. She also highlighted that the budget had gone through Scrutiny Committees and not a single suggestion on the budget had come forward that could be looked at. She signalled that she would be voting against the amendment. A Vote took place on Councillor Carroll’s amendment (as seconded by Councillor Charles) to freeze Council Tax for 2023/24 and to take a further £4.239m out of general reserves to support the budget. The Amendment was not carried. Councillor Dr. Johnson alluding to the earlier debate in relation to the Conservative Group’s proposed amendment and their comments regarding the impact of an increase in Council Tax and considered the comments made by both the Conservative Group and Labour Group had not recognised the impact the increase in Council house rents of roughly £300 would have on Council tenants. The proposals to increase Council Tax was actually less than the impact of rent rises on Council tenants. He indicated unlike the Conservative Group he would set out how an increase of around 2% in Council Tax could be achieved through the use of a smoothing motion of around £2m. He explained that this was clearly affordable as the Council consistently over collected the anticipated amount of Council Tax by circa £1.5m to £2m each year. Alluding to a recent Revenue Monitoring report in relation to the current financial year this reported that it was anticipated to over collect Council Tax by an amount approximately £1.5m. In the previous financial year the Council had over collected Council Tax by £2m. Whilst he could see the benefit for the Council of having extra money he did not believe that it was right that the Council deliberately each year over collected. He considered it unfair to take this bonus, but then not include it in the Council’s normal financial systems. He also touched upon the introduction of the Garden Waste collection service and the intention for it to be a fee paying subscription. He did not necessarily support the proposal as a service change. He had been concerned that there had been no discussion in relation to biodiversity in the context of the Council’s Nature Emergency Declaration and that a charge for the service could lead to large amounts of uncollected garden waste. He also thought that the proposal, in his view, also underestimated the amounts that would be collected from the service and thought the uptake of the subscription service would be higher than the estimated 20% as reported. If it was the case, that subscriptions would be higher and the Council would benefit from increased income. In concluding, he drew attention to the amount of investment income that the Council was likely to receive alluding to some £150k of investment income in the most recent forecast for the next financial year. Referring to the supplementary report circulated to Members he made reference to the additional funding in the amount of £178k received from the Welsh Government as part of the Council’s final budget settlement. He had no doubt that this additional funding could also be used to lower the proposed Council Tax increase. Councillor Dr. Johnson moved the following Amendment: That the Council Tax increase for 2023/24 be set at 2%. The amendment was duly seconded by Councillor Hooper. Councillor Dr. Johnson also requested that a Recorded Vote on the matter and the requisite number of Members signalled their support for it. Councillor Franks referring to the technical report put forward by officers in consultation with the Cabinet considered the proposals being deliberated ignored reality and alluded to his earlier comments made in reference to the failures of the Cabinet and previous Administrations. He referred to the proposed cuts to the education service of £2m and considered the Leader’s earlier response to his question in terms of the implications of cuts to schools as nebulous. The comments of the Leader were also at odds with other statements made that they wished to protect statutory services. He considered that the Vale of Glamorgan was in decline and that the Cabinet was failing to respond to poor standards and whilst he agreed with the Leader’s comments that all Members had a responsibility for finance he did not need to be lectured on it and he had no faith in the proposed budget. Councillor Ewan Goodjohn acknowledged that the proposed amendment was an attempt to find the middle ground between the Cabinet’s proposed budget and the Conservative’s failed amendment. Referring to Councillor Dr. Johnson’s explanation in support of his amendment and in particular to the proposed charge for garden waste collection, there was no guarantee that the uptake in subscriptions would be greater than that reported to the Scrutiny Committee and reminded Members that the Council required to be prudent and that there was no guarantee that the Council would collect a greater amount of Council Tax in future years. He further reminded Members that the proposals were already using a smoothing mechanism by the use of reserves of approximately £4.5m, any further use of reserves would be irresponsible and only a temporary solution with it likely that Council Tax levels would need to be increased further in subsequent years and he indicated that he would not be supporting the amendment. Both Councillors Carroll and Haines signalled that they would be supporting the amendment as they would sooner see a rise of 2% rather than the proposed increase of 4.9%. Councillor Wilson referred to the budget process and the preparation of the same which had been undertaken over a period of months and difficult decisions had to be made particularly in regard to introducing charges for providing Council services. In all reality, Members and the Council as a whole were facing a £9m budget deficit. He considered this in part due to the fact that the Westminster Government had reduced the Welsh Government’s budget which had then impacted on local authorities in Wales and therefore the Council had no luxury as it had to balance its budget. Failure to do so could lead to the Council being surcharged and the U.K. Government Autumn Budget had not helped. He also flagged the Section 151 Officer’s comments in regard to the sustainability of Council reserves and also echoed the previous comments of Councillor Ewan Goodjohn in regard to collecting Council Tax to the levels the Council had previously done and an uptake in the garden waste subscription. He considered that the proposed amendment relied on optimism, therefore, he indicated that he would not be supporting the amendment. Councillor Perry referring to the level of reserves that the Council had built up over time. It appeared to him that the problem was that the Council sometimes did not spend funding on delivering things that residents would like to see and referred to the condition of road surfaces throughout the county which required repair. Councillor Hodges alluding to the fact that the budget reporting process had been to various Committees it was clear to him that inflation had had a significant impact on the Council and whilst the Council had reserves the value of that was slowly decreasing. Whilst he acknowledged that these would only spend it once, he felt that it was better to spend some of it. He considered that the proposed amendment was prudent and suggested that it was time the Council radically looked at how it operated services rather than adjusting the budget every year. He felt that it was time that the Council decided how it wanted to operate its services not only the services that were provided but how these were paid for. He indicated that he would be supporting the amendment. The Leader, in summing up referred to the comments regarding the use of reserves as a smoothing mechanism and reminded Members that the proposed budget was in fact using reserves to reduce the Council Tax increase by utilising £2.8m of the General Reserve and also reminded Members that Council funding had already been used to off-set existing budget pressures referring to homelessness issues and energy price increases and therefore it was clear that the Council was already taking action to assist and protect its services. She acknowledged that there were earmarked reserves however, these would be reduced in coming years as projects were delivered. She also reminded Members that when Cabinet was undertaking the budget process it did look at the possibility of using additional reserves as they were mindful of the pressures residents within the Vale of Glamorgan were facing. However, those same pressures were also impacting on the Council and the proposals put forward by the Cabinet would see an increase in Council Tax less than half the rate of inflation. She signalled that she would not be supporting the amendment. A Recorded Vote took place on Councillor Dr. Johnson’s amendment Motion (as seconded by Councillor Hooper) to increase Council Tax by 2% for 2023/24. Members For Against Abstain Anne Asbrey √ Julie Aviet √ Gareth Ball √ Rhiannon Birch √ Bronwen Brooks √ Gillian Bruce √ Ian Buckley √ Lis Burnett √ Samantha Campbell √ George Carroll √ Christine Cave √ Charles Champion √ Janice Charles √ Millie Collins √ Marianne Cowpe √ Pamela Drake √ Vincent Driscoll √ Anthony Ernest √ Robert Fisher √ Christopher Franks √ Wendy Gilligan √ Emma Goodjohn √ Ewan Goodjohn √ Stephen Haines √ Howard Hamilton √ Sally Hanks √ William Hennessy √ Nic Hodges √ Mark Hooper √ Catherine Iannucci √ Gwyn John √ Dr. Ian Johnson √ Susan Lloyd-Selby √ Belinda Loveluck-Edwards √ Julie Lynch-Wilson √ Kevin Mahoney √ Naomi Marshallsea √ Michael Morgan √ Jayne Norman √ Helen Payne √ Elliot Penn √ Sandra Perkes √ Ian Perry √ Joanna Protheroe √ Ruba Sivagnanam √ Carys Stallard √ Neil Thomas √ Rhys Thomas √ Steffan Wiliam √ Eddie Williams √ Mark Wilson √ Nicholas Wood √ TOTAL 22 30 The Amendment was not carried. Councillor Hooper was disappointed that the amendment had not been supported. He hoped that the wider budget process could be improved next year as he believed that the process contained flaws when taking account of the Council’s Corporate Plan and its associated priorities. It was his view that the full cost recovery of Council services should be dealt with under the Corporate Plan mechanism and the proposed increases contained in the proposed budget should have been done over a longer period of time. The budget for next year from his perspective would be largely set as a cost plus basis on the year’s expected outturn and he considered this to be inefficient, maintained bottlenecks and discouraged departmental innovation. He was also pleased to hear that some moves had been made to budget from a zero base according to needs and plans, but there was still insufficient resources available to undertake a full zero based budget exercise across the Council which had been a point he had made previously at Scrutiny Committees and at the Governance and Audit Committees, but acknowledged that the Leader had responded to him on the matter previously. Councillor Ewan Goodjohn quoted inflation increases since 1997 based on statistics in Wales and from the Office of National Statistics. Whilst he acknowledged that certain Members wished to see the increase in Council Tax to be lower, the fact of the matter was that Council Tax was an unfair tax as it did not distinguish between those who rented a home or those who owned or had a mortgage. The Council was in a difficult position as the Council Tax could not be decreased if Welsh Government did not receive adequate funding from the U.K. Government that did not reflect the increase in the Council’s costs. It was his view that the proposed increase was one of the lowest in the Council’s history, but to go lower would be irresponsible unless it could be properly funded. The Council had to retain a realistic level of reserves to address future challenges. Councillor Cowpe was concerned that the Council was not listening to the responses to the budget consultation nor to the responses of the Scrutiny Committees and therefore nothing had changed with the budget remaining as proposed. She asked that in future online consultations should provide for an option for a response to be provided via email. She was also disappointed that the Council had decided to go ahead and increase the cost of black storage caddies which were used largely for nappies, hygiene waste. She was concerned that there would be a reluctance to buy the hygiene caddies which would lead to these type of waste products being disposed of in black bags and this should be seen as unacceptable in a modern day Wales and likely to have the biggest impact on vulnerable families and particularly single parent families who were headed by a female. The proposals to charge would also disproportionately impact on females as they were likely to be the main users due to various health and wellbeing issues. She felt the proposed charge was totally unacceptable and a tax on women and she sought clarification on what equality impact assessment had been undertaken on the matter. She was also concerned regarding the communication by the Council regarding the use of purple bags and this needed to be addressed. She had been made aware that residents were being discouraged to apply for additional purple bags which meant that they were less inclined to recycle. She hoped that the Council would address this by encouraging residents to register and apply for a purple bag so that each household could be properly assessed based on their needs. She was aware that officers did visit and advise households and she expressed her thanks for this being done. However, she would like to see visits extended to include existing households who were potentially abusing the system by placing multiple purple bags out for kerbside collection. Councillor Wilson in response to Councillor Cowpe' comments indicated that it was the intention to encourage residents to recycle more and this was part of the Council’s Strategy and not simply about raising funds, but more about saving money by increasing participation and recycling rates. He acknowledged that there were larger family units that required additional assistance who found it difficult to recycle their waste. In terms of the Council’s purple bag service, a balance had to be achieved in terms of encouraging residents to access the service, but also not wishing it to be abused. Councillor Dr. Johnson suggested that his amendment had not been taken on board as Members had misinterpreted his rationale for a 2% increase as he had provided an explanation how the Council could fund a 2% increase in Council Tax. He reminded Members that the settlement received from Welsh Government had seen an increase of approximately 9% which was the third highest in Wales and approximately £10m more than anticipated. However, the discussions in regard to the budget had not moved on from when it was originally thought the Council was facing dire consequences and potential massive cuts in services. The fact was the Council was not in great financial difficulties and at the end of last financial year it held £128m in usable reserves. He was also disappointed with the consultation on the budget and felt that Councillors and the Scrutiny process had been disrespected. Some 773 responses by residents to the consultation in his view had been dismissed in minutes when the Cabinet considered the final budget at its meeting in February which he had attended. Referring to changes in fees and charges, with the Council keen on full cost recovery, it was important that the public needed to see that the Council was using the additional income wisely. He was also concerned there had been a lost opportunity to revisit many of the proposed small cuts to services given the additional funding received in the final settlement and referred to the Warm Space Libraries and cuts to provision of sand bags for residents who were threatened by flooding. Instead, the decision had been made to bank the money rather than use it for the benefit of residents or reduce the proposed Council Tax rise. It was notable that 33 Equality Impact Assessments were still awaited on proposed charges and increased charges for Council services, reiterating the concern expressed by Councillor Cowpe in relation to the hygiene caddies and the particular impact that increase would have on women and those on low incomes. He hoped that the Cabinet and officers would revisit these issues taking account of the Equality Impact Assessments once available and reconsider proposed charges. He signalled that he would be voting against the proposed budget. Councillor Mahoney referred to the continual blame culture between the U.K. Government and the Welsh Government in relation to provision of funding to local government in Wales. As far as he was concerned both were as equally to blame for the financial circumstances affecting the Council. He considered that both the U.K. Conservative Government and Labour Welsh Government were equally culpable of wasting public money when at the same time the residents were unable to heat their own homes adequately. He also expressed concern regarding the Council’s recycling targets. As he understood it, if the agreed tonnage target in relation to black bag waste was not met the Council would be penalised financially. He also did not believe in the creation of the new Directors roles when at the same time the Council was making the case that it had insufficient funding. He indicated that he would not be supporting the budget. Councillor Sivagnanam indicated that it was a simple choice for the Council in that its budget intended to protect the most vulnerable residents and at the same time to maintain statutory services. She acknowledged that the budget was about a political choice and it was a choice that the Cabinet and the Administration were prepared to make. She accepted the points made by Councillor Cowpe in regard to the hygiene caddies and the purple bag waste service. She gave Councillor Cowpe an assurance that this was something that the Cabinet would be monitoring and hoped that would signal the Cabinet was responsive particularly when it came to equality issues. In summing up, Leader acknowledged that up to a point the Council could do more, but she believed the next step moving forward would be to see greater constructive discussion when the budget was being discussed at the Council’s Scrutiny Committees in the future. There was very little at present. In regard to Councillor Cowpe’s comment in relation to charging for hygiene caddies she indicated that the Cabinet did look at the issue in some depth, but it was a reasonable stance taken by the Council in an effort to cover its costs. She was also mindful that households with lower incomes could potentially pay more and she was open to a discussion about how residents could be supported further. She acknowledged that it may be something that needed looking at in the future. In terms of departmental innovation raised by Councillor Hooper, it was clear that the Council was addressing this issue and referred to the Big Fresh Catering Company. She hoped to see similar initiatives particularly under the guise of the Reshaping Services agenda. She reiterated her previous points relating to Council reserves. Turning to Councillor Mahoney’s comment regarding Welsh Government funding, there was evidence that local government in England was not being afforded the same level of protection that was being provided in Wales to Councils by the Welsh Government. She would not want to be in their position and was very happy to be in Wales. A Recorded Vote took place on the recommendations as contained within the report and supplementary report, having been moved by the Leader and seconded by Councillor Brooks. Members For Against Abstain Anne Asbrey √ Julie Aviet √ Gareth Ball √ Rhiannon Birch √ Bronwen Brooks √ Gillian Bruce √ Ian Buckley √ Lis Burnett √ Samantha Campbell √ George Carroll √ Christine Cave √ Charles Champion √ Janice Charles √ Millie Collins √ Marianne Cowpe √ Pamela Drake √ Vincent Driscoll √ Anthony Ernest √ Robert Fisher √ Christopher Franks √ Wendy Gilligan √ Emma Goodjohn √ Ewan Goodjohn √ Stephen Haines √ Howard Hamilton √ Sally Hanks √ William Hennessy √ Nic Hodges √ Mark Hooper √ Catherine Iannucci √ Gwyn John √ Dr. Ian Johnson √ Susan Lloyd-Selby √ Belinda Loveluck-Edwards √ Julie Lynch-Wilson √ Kevin Mahoney √ Naomi Marshallsea √ Michael Morgan √ Jayne Norman √ Helen Payne √ Elliot Penn √ Sandra Perkes √ Ian Perry √ Joanna Protheroe √ Ruba Sivagnanam √ Carys Stallard √ Neil Thomas √ Rhys Thomas √ Steffan Wiliam √ Eddie Williams √ Mark Wilson √ Nicholas Wood √ TOTAL 30 22 The Motion was carried with it subsequently being RESOLVED – (1) T H A T approval be given to update the Final Budget in recognition that the final Aggregate External Finance figure had increased to £202.797m which was an increase of £16.782m, and an improvement on the £16.604m Provisional Settlement figure contained in the report published on 28th February, 2023 as detailed in the Supplementary Report circulated prior to the meeting. (2) T H A T a Council Tax increase of 4.9% be approved. (3) T H A T the Budget for 2023/24 be approved. Reasons for decisions (1) To update the Budget following the receipt of the Final Settlement from Welsh Government published on 28th February, 2023. (2) Setting the annual rate of Council Tax was a key policy decision for Council. (3) Setting a balanced budget was a statutory responsibility and decision for Council. PAY POLICY 2023/2024 (REF) The Council had a statutory requirement under the Localism Act 2011 to prepare a pay policy statement for the new financial year 2023/24. The statement needed to be approved and published by 31st March, 2023. The document provided a framework for ensuring that employees were rewarded fairly and objectively, in accordance with the service needs of the Council and that there was openness and transparency in relation to the process. The Pay Policy had been incrementally developed since 2012 to incorporate the following: • Guidance from Welsh Government as contained in the document “Pay Accountabilities in Local Government in Wales” as updated November 2021; • Changes as prescribed by the Local Authorities Standing Orders (Wales) (Amendment) Regulations 2014 which took effect from 1st July, 2014; • Changes as prescribed by the Local Government (Wales) Act 2015 to ensure that any proposed changes to the salary of Chief Officers (as defined in the Localism Act 2011) were made following consultation with the Independent Remuneration Panel for Wales; • Local Government and Elections (Wales) Act 2021 had been taken into account as part of the annual Pay Policy Statement; • Necessary refinements as a result of changes to the Council’s senior management structure over recent years; • The effects of national and locally negotiated pay and associated benefit awards along with the provisions of the National Living Wage. The Leader referred to Section 12 of Appendix A which was attached to the original report to Cabinet and drew Members’ attention to the differentials in pay between the top and bottom grades of the organisation which was quite flat and should be seen as a positive. She also drew Members’ attention to the progress made in regard to the gender pay gap. RESOLVED – T H A T the Council’s Pay Policy as attached at Appendix A to the report to Cabinet on 2nd February, 2023 (Minute No C213) be approved. Reason for decision To respond to the legal requirement under the Localism Act 2011 and to provide openness and accountability in relation to how the Council rewards its staff. (N.B. Councillors Aviet, Bruce, Champion and Ernest declared an interest in the above matter and withdrew from the meeting during consideration of the item.) CHIEF OFFICER APPRAISAL SCHEME – PROPOSED MODIFICATIONS (REF) The Corporate Performance and Resources Scrutiny Committee had considered the report at its meeting on 15th February, 2023 where there had been a detailed discussion of the matter where some had supported more regular appraisals and there had been discussion concerning peer reviews. Cabinet at its meeting on 16th February, 2023 had endorsed the report and referred it to Council for approval in order to introduce the new scheme from 1st April, 2023. The Leader reminded Members that the matter before Council had been initially referred from the Corporate Performance and Resources Scrutiny Committee to the Cabinet and was now being reported to Council for approval. Referring to the proposed modifications she indicated that these were minor adjustments and had been initially considered by the Council’s Strategic Leadership Team, the relevant recognised Trade Unions and diversity networks who were briefed in November 2022 in addition to Chief Officer Heads of Service who were briefed on the proposed changed in January 2023. She indicated that the modified scheme contained SMART objectives and targets reflected a competency profile which included coaching discussions linked to strength based improvements encompassing a rounded view of performance through peer reviews and 360 degree feedback which she considered was a much more constructive way of undertaking appraisals. She hoped that the proposed modifications would be seen in a positive and constructive way. The objective was to introduce the revised scheme by 1st April, 2023. Councillor Haines supported the principles behind the modifications but suggested the Council needed to have a clearer understanding of the definition of productivity and the appropriate techniques to increase the same within the work place. At present, as he understood it, productivity of an individual was only measured on an annual review. However, the issue of productivity was an ongoing matter and was the easiest way to save money and increase the performance of officers and suggested that this should have been included as part of the modifications to the existing scheme. RESOLVED – T H A T the proposed modifications for Chief Officer Appraisals as reported to Cabinet on 16th February, 2023 (Minute No C223) be approved in order to introduce the new scheme from 1st April, 2023. Reason for decision Having regard to the contents of the report and discussions at the meeting. (N.B. All Chief Officers withdrew from the meeting during consideration of the Pay Policy 2023/2024 and Chief Officer Appraisal Scheme – Proposed Modifications items with the exception of the Head of Human Resources and Organisational Development who remained to provide advice and then withdrew from the meeting prior to a final decision being made on these items.)
RESOLVED – (1) T H A T the contents of both the covering and appended Audit Wales report be noted. (2) T H A T the following comments made by the Learning and Culture Scrutiny Committee on 8th December 2022 be endorsed and referred to Cabinet for its consideration and endorsement of the Council’s proposed actions to address the Audit Wales recommendation (R4): • Committee consider that mental health inequality is under-reported and this issue has a significant impact on the population and workforce. Therefore, Minutes - GD No. a focus on mental health-related disability is importantly needed in Equality Impact Assessments. This is particularly important in light of the post pandemic world and the difficulty in re-engaging some young people and adults back into school or work. (3) T H A T the following views of the Governance and Audit Committee be referred to Cabinet for consideration: • The importance to ensure that each of the Protected Characteristics are not under reported and given proper consideration when completing the review of the Council’s Equality Impact Assessment process. • For it not to be forgotten that individuals may come under more than one of the Protected Characteristics and for this to be made clear in any guidance document produced. • The Council should consider the possible introduction of an Integrated Impact Assessment as used by other Council’s alongside Equality Impact Assessments which also encompass other factors such as environmental impacts etc. • More use of an online assessment. • Adding embedded links to external data sources to make the completion of an assessment less complicated. • For views and opinions of people of the Protected Characteristics to be heard as part of the review of the Council’s process. Reasons for decisions (1) Having regard to the contents of the reference and related report and discussions at the meeting. (2) For Cabinet to consider the views of the Learning and Culture Scrutiny Committee. (3) For Cabinet to consider the views of the Governance and Audit Committee.
RESOLVED - (1) T H A T a final interview be undertaken under Part II of the agenda in relation to the post of Head of Additional Learning Needs (ALN) and Wellbeing and to make a final determination regarding an appointment to the position. (2) T H A T residual appointment details, as appropriate, be delegated to the Director of Learning and Skills, should a suitable applicant be confirmed by Members. Reasons for decisions (1) To ensure an appointment to the post is conducted in accordance with the Council's Constitution. (2) To ensure that all Council functions are met within this area. Minutes - KB No.
RESOLVED (1) T H A T E.J. be appointed to the post of Head of Additional Learning Needs (ALN) and Wellbeing. (2) T H A T residual appointment details, as appropriate, be delegated to the Director of Learning and Skills. Reasons for decisions (1) Following the interview of the candidate. (2) To ensure that all Council functions are met within this area. Minutes - KB
RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C63, 8th September, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. AMENDED SCHOOL AND COLLEGE TRANSPORT POLICY (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C76, 29th September, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. PROPOSAL TO ADD ST RICHARD GWYN TO THE CAPITAL PROGRAMME (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C77, 29th September, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. No. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. CAPITAL MONITORING FOR THE PERIOD 1ST APRIL TO 31ST AUGUST 2022 (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C90, 6th October, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. DWR CYMRU WELSH WATER CONSULTATION ON THE DRAINAGE AND WASTEWATER MANAGEMENT PLAN (DWMP) (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C95, 6th October, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. FINAL DRAFT VALE OF GLAMORGAN COUNCIL ANNUAL SELF ASSESSMENT REPORT 2021/22 (REF) – RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C104, 20th October, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. No. CAPITAL MONITORING FOR THE PERIOD 1ST APRIL TO 30TH SEPTEMBER, 2022 (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C119, 3rd November, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. CONSULTATION OF PROPOSALS FOR PRIMARY LEGISLATION IN RELATION TO CHILDREN’S SOCIAL CARE, CONTINUING HEALTH CARE, MANDATORY REPORTING AND REGULATION AND INSPECTION (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C123, 3rd November, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution. COUNCIL TAX REDUCTION SCHEME (REF) RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute No. C159, 1st December, 2022 (as set out in Section 15.14.2(ii) of the Council’s Constitution) be noted. Reason for decision The reporting of the use of the Urgent Decision Procedure is a requirement of the Council’s Constitution.
RESOLVED – (1) T H A T the recruitment and selection arrangements as outlined in the report be approved. (2) T H A T delegated authority be granted to the Director of Learning and Skills, in consultation with Human Resources and the Cabinet Member for Education Arts and the Welsh Language to progress as below: a) Advertising of the position; b) Progressing the necessary arrangements for long-listing and any necessary assessment of candidates in advance of shortlisting; c) Drawing up a final short-list for interview, the interview of which to be undertaken by a future meeting of the Committee; and to d) Agree costings and resource requirements relating to the processes required to pursue the recruitment and selection process. No. Reasons for decisions (1) To ensure the appointment is progressed in accordance with the requirements of the Council's Constitution. (2) To allow matters to be progressed in advance of the final stage of recruitment.
RESOLVED – (1) T H A T dispensations as set out in the schedule below be granted up to the date of the next Local Government Elections: Member Requesting Paragraph(s) of the Decision Dispensation Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 Under Which Dispensation is Granted and as applied for Councillor J. Aviet (a), (e) and (f) Dispensation granted to speak and vote on matters at Vale of Glamorgan Council meetings relating to the review of Council employment, employee terms and conditions, in view of a family member being employed by the authority. Councillor R.M. Birch (d), (f) and (g) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping services programme when being discussed at both Vale of Glamorgan and Penarth Town Council meetings as appropriate. Councillor R.M. Birch (c), (d), (f) and (g) Dispensation granted to speak and vote when matters relating to Ysgol y Deri School, Penarth are being discussed at Vale of Glamorgan Council meetings. Minutes - KB Community Councillor (d), (e), (f) and (h) Dispensation granted to K. Hatton speak only at Dinas Powys Community Council meetings, on issues relating to the management of allotments as a member of the Commons and Open Spaces Sub Committee. Community Councillor (d), (e), (f) and (h) Dispensation granted to K. Hatton speak only at Dinas Powys Community Council meetings, on issues relating to the Dinas Powys Library and Activity Centre. Community Councillor (e), (f) and (h) Dispensation granted to K. Hatton speak only at Dinas Powys Community Council meetings, on issues affecting Seel Park. Community Councillor (h) Dispensation granted to K. Hatton speak only at Dinas Powys Community Council meetings on issues affecting Dinas Powys Voluntary Concern. Community Councillor (a) Dispensation granted to P. King speak only at Llandough Community Council meetings on matters concerning Llandough and Leckwith War Memorial Institute Committee as a principal trustee Councillor B. Loveluck- (d), (f) and (g) Dispensation granted to Edwards speak and vote at Vale of Glamorgan Council meetings on general matters relating to the review of Council employment, employee terms and conditions or to respond to allegations relating to child protection or safeguarding matters, in view of being employed as a full time regional caseworker for NASUWT. Where specific cases are referred to to speak only on such matters as outlined above. Councillor B. Loveluck- (c), (d) (f) and (g) Dispensation granted to Edwards speak and vote when matters Minutes - KB relating to St. Richard Gwyn High School are being discussed at Vale of Glamorgan Council meetings. Community Councillor (d), (e), (f) and (h) Dispensation granted to K. Shaw speak only at Dinas Powys Community Council meetings, on issues affecting Seel Park. Councillor M.R. Wilson (c), (d), (f) and (g) Dispensation granted to speak and vote when matters relating to Ysgol y Deri School, Penarth are being discussed at Vale of Glamorgan Council meetings. (2) T H A T the following late applications for dispensation as set out in the schedule below be granted up to the date of the next Local Government Elections: Member Requesting Paragraph(s) of the Decision Dispensation Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 Under Which Dispensation is Granted and as applied for Councillor J. Aviet (d), (e), (f) and (i) Dispensation granted to speak and vote when matters relating to St. Helens R/C Primary and Nursery School are being discussed at Vale of Glamorgan Council meetings. Councillor J. Protheroe (e) Dispensation granted to speak and vote when matters relating to Cowbridge Comprehensive School are being discussed at Vale of Glamorgan Council meetings. Reason for decisions (1&2) To comply with the regulations and obligations for the grant of dispensations to speak and vote. Minutes - KB
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2021/00423/FUL Received on 6 December 2021 (p25) APPLICANT: Transworld Real Estate Ltd AGENT: Mr. Luke Grattarola Ceraint John Planning Ltd. Office 16 (House 1), The Maltings, East Tyndall Street, Cardiff, CF24 5EA Land at Bolston House, Bonvilston Demolition of the existing dwelling and redevelopment of the site to accommodate residential development and associated works REFUSED (1) By reason of the loss of a large proportion of a Significant Stone Wall, the loss of substantial amounts of tree cover and the suburban and insensitively designed/orientated internal site layout, the proposed development would fail to have regard to and would fail to preserve the character of the Bonvilston Conservation Area, contrary to policies SP10 - Built and Natural Environment, MD2 - Design of New Development, MD5- Development within Settlement Boundaries and MD8 – Historic Environment of the Vale of Glamorgan Local Development Plan 2011 - 2026 and the Bonvilston Conservation Area Appraisal and Management Plan and national guidance contained in Planning Policy Wales (Edition 11) and Technical Advice Note 12 - Design. (2) By reason of the size of the dwellings and plots, the proposed layout fails to make necessary, efficient use of the land, contrary to policy MD5 - Development within Settlement Boundaries & MD6 - Housing Densities of the Vale of Glamorgan Adopted Local Development Plan 2011-2026. (3) By reason of the geometry and radii of the access, and the design of works to the carriageway/footway, the proposal would result in a substandard form of access into and out of the site, which would adversely impact upon highway safety. The proposal is therefore considered contrary to Policies MD2 (Design Of New Development) & MD5 (Development within Settlement Boundaries) of the Vale of Glamorgan Adopted Local Development Plan 2011-2026. (4) In the absence of a noise assessment that considers potential noise nuisance from the Red Lion Inn and its garden, the proposal fails to provide adequate information to assess the impact of noise or demonstrate that the proposal would not be prejudicial to the amenity and living conditions of future Minutes - MS No. residents at the site. In this respect the development is contrary to Policies MD2 (Design of Development) & MD7 (Environment Protection) of the Vale of Glamorgan Local Development Plan 2011-2026. (5) The proposal fails to satisfy the tests to justify a derogation for protected species and would result in inadequately mitigated loss of trees that would harm the biodiversity interests of the site. Therefore, the development is considered contrary to Policies MD2- Design of New Developments & MD9-Promoting Biodiversity of the Vale of Glamorgan Adopted Local Development Plan 2011- 2026, the guidance contained within the Councils Biodiversity and Development Supplementary Planning Guidance. (6) The proposal fails to provide any affordable housing or the infrastructure necessary to mitigate the impacts of the development in respect of public open space, education and sustainable transport. In this respect the development is contrary to Policies MG4 and MD4 of the LDP and the Council’s SPG on Affordable Housing and Planning Obligations, and Planning Policy Wales and TAN 2- Planning and Affordable Housing. Reasons for decisions Having regard to the content of the report and discussions at the meeting. 2021/00424/CAC Received on 6 December 2021 (p59) APPLICANT: Transworld Real Estate Ltd AGENT: Mr Luke Grattarola, Geraint John Planning Ltd, Office 16 (House 1), The Maltings, East Tyndall Street, Cardiff, CF24 5EA Land at Bolston House, Bonvilston Demolition of the existing dwelling and redevelopment of the site to accommodate residential development and associated works REFUSED (1) The loss of part of the historical stone boundary wall would be damaging to the intrinsic character of the site and the conservation area. The proposal would therefore fail to preserve or enhance the character of the Conservation Area and would be in conflict with Policies SP10 and MD8 of the Adopted Local Development Plan, in addition to TANs 12 and 24, the aims and objectives of the Bonvilston Conservation Area Appraisal Plan and Section 72(1) of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990. Reason for decision Minutes - MS No. That Members of the Planning Committee note the above conclusions and agree that these form the basis of the Council’s case in the current non-determination appeal for the reason set out below: It is considered that the decision complies 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. 2021/01379/FUL Received on 23 September 2021 (p74) APPLICANT: Mr. C. Holder, Earthmovers House, Llantrisant Business Park, Llantrisant, CF72 8LF AGENT: Mr. R. Hunt, 20a The Wharfage, Ironbridge, Telford, Swadlincote, TF8 7NH The Quarries, Bonvilston The winning and working of limestone, importation/recovery of inert waste and restoration to agriculture/amenity. REFUSED - (1) By reason of the excessive unjustified infilling operation, which is not fundamentally required to create an acceptable restored site, the proposal would amount to (and would encourage) unjustified waste disposal that is contrary to the principles of the waste hierarchy, would result in unnecessarily and harmful perpetuated environmental impacts, and would fail to provide a beneficial, sustainable, and high quality restoration and after care solution for the quarry, at the earliest opportunity. The proposal is therefore contrary to the policy and guidance relating to waste management contained in TAN 21 paragraph 4.23, and criterion 2 of Policy MD20 of the LDP. In addition, the proposal is contrary to planning policy and guidance relating to quarry restoration and after care contained in PPW paragraphs 5.14.4, 5.14.50, and 5.14.54, MTAN1 paragraphs 94, 97, 100, 103, and 130, and criterion 7 of Policy MG25 of the LDP. (2) It has not been demonstrated, through submission of a bat survey, that the development would not be detrimental to the maintenance of the population of bats - a European Protected Species. The development is therefore contrary to Policies MG19 – Sites and Species of European Importance and Policy MD9- Promoting Biodiversity, of the Local Development Plan, as well as national guidance contained at paragraphs 6.3.6 & 6.3.7 of TAN 5 – Nature Conservation and Planning and paragraph 6.4.22 of Planning Policy Wales. It is also contrary to the provisions of the Conservation of Habitats and Species Regulations 2010. Reasons for decisions The decision to refuse planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires Minutes - MS No. that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. It is considered that the decision complies 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. The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. In reaching the recommendation below, the content of the submitted Environmental Impact Assessment has been taken into account, in accordance with the requirements of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017. 2022/00397/RG3 Received on 28 March 2022 (p119) APPLICANT: Mr. Andrew Freegard, Vale of Glamorgan Council, The Alps, Alps Quarry Road, Wenvoe, CF5 6AA AGENT: Miss Georgia Peters, Vale of Glamorgan Council, Dock Offices, Subway Road, Barry, CF63 4RT Land North of Holm View Leisure Centre, Barry Phase Two of the residential development of 31 no. affordable housing units and associated works RESOLVED – (1) T H A T subject to the interested person(s) first entering into a Section 106 legal agreement to include the following necessary planning obligations: • To pay a sum of £37,652.50 to contribute towards the provision or enhancement of educational facilities. • To pay a sum of £39,100 to contribute towards the provision of sustainable transport facilities in the vicinity of the site. • The developer provides public art on the site to the value of 1% of the build costs or otherwise pays a contribution to the same value to the Council • To pay a sum a sum £21,420 to contribute towards the provision of new, or enhancement of existing, community facilities in the area. (2) T H A T in addition to a clause requiring the payment of a fee to monitor and implement the legal agreement. Minutes - MS No. Deemed planning consent be GRANTED subject to the condition(s) as contained within the report. Reason for decision The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. Having regard to Policies SP1– Delivering the Strategy, SP3 – Residential Requirement, SP4 – Affordable Housing Provision, MG1 – Housing Supply in the Vale of Glamorgan, MG2 – Housing Allocations, MG4 – Affordable Housing, MD1 - Location of New Development, MD2 - Design of New Development, MD3 - Provision for Open Space, MD4 – Community Infrastructure and Planning Obligations, MD6 - Housing Densities, MD7 - Environmental Protection and MD9 - Promoting Biodiversity of the Vale of Glamorgan Adopted Local Development Plan 2011-2026, Future Wales, National planning policy in the form of Planning Policy Wales (Edition 11), Technical Advice Notes 2 – Affordable Housing, 12 - Design, and the Council’s Supplementary Planning Guidance on Affordable Housing, Barry Development Guidelines, Biodiversity and Development, Parking Standards, Planning Obligations, Residential and Householder Development, and Trees, Woodlands, Hedgerows and Development, the proposed development is considered acceptable in principle and in respect of design, visual impact and layout, residential amenity, parking, highway safety, amenity/open space, drainage, and ecology. It is considered that the decision complies 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. The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. 2022/00642/FUL Received on 19 May 2022 (p157) APPLICANT: Mrs. Penny Knight, 8 Mountjoy Close, Penarth, CF64 2TA AGENT: Susan Rosser, RIBA, 20 Duffryn Road, Cyncoed, Cardiff, CF23 6NP 8, Mountjoy Close, Penarth Single storey side and rear extension with new porch and roof conversion Minutes - MS No. REFUSED Reasons for Recommendations By reason of the design, form and siting, the proposed extensions and alterations would be harmful to the appearance of the dwelling, the balance of the semi- detached pair and the spacious and consistent character of the street. The development is therefore contrary to policies MD2 and MD5 of the Vale of Glamorgan Adopted Local Development Plan 2011-2026, The Council’s Supplementary Planning Guidance on Residential and Householder Development and TAN 12- Design. Minutes - MS
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2021/00622/FUL Received on 18 May 2022 (P. 76) APPLICANT: Kestral Construction and Hafod HA Agent: Mr Liam Griffiths Asbri Planning Ltd., Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS 81-85, Holton Road, Barry Part demolition, extension and conversion of the upper floors of no. 81 – 85 Holton Road to provide 25 no. residential flats, internal and external alterations and associated works. RESOLVED – T H A T subject to the applicant entering into a Section 106 agreement to secure the following: EITHER • The residential units are delivered by the Vale of Glamorgan Council, or by a Housing Association Partner (Hafod Housing, Newydd Housing, United Welsh Housing or Wales & West Housing) of the Vale of Glamorgan Council. OR • The developer pays £54,996 for the provision or enhancement of educational facilities in schools serving the development for Secondary school children. • The developer pays a contribution of £57,500 towards sustainable transport facilities in the vicinity of the site. • The developer provides public art on the site to the value of 1% of the build costs or otherwise pays a contribution to the same value to the Council. • The developer pays a contribution of £66,700 towards providing or enhancing public open space in the vicinity of the site. AND • The units shall only be occupied as affordable housing that meets the definition of affordable housing in Annex B of the Welsh Government Technical Advice Note 2 on Affordable Housing, or any future guidance that replaces it. • The developer pays the legal and implementation/monitoring fees for the S106 agreement. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/00764/FUL Received on 15 July 2022 (P. 104) APPLICANT: Heritage Coast Campsite Monknash, Cowbridge, Vale of Glamorgan., CF71 7QQ AGENT: r. Andrew Parker Andrew Parker Associates, The Old Farmhouse, Trerhyngyll, Vale of Glamorgan, CF71 7TN Heritage Coast Campsite, Monknash Proposed 2 no. new tourist lodges, conversion of existing camp site facilities to form 2 no. tourist accommodation units. Proposed campervan site and tent area with provision of new toilet shower block. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01270/FUL Received on 1 September 2021 (P. 125) APPLICANT: Mr. D Clarke Brooklands, Brook Lane, St. Nicholas. CF5 6TB AGENT: Mr. Geraint John Office 16 (House 1, 2nd Floor), The Maltings, East Tyndall Street, Cardiff, CF24 5EA Brooklands, Brook Lane, St. Nicholas Part retrospective application to regularise and seek the approval for the completion of the 'as built' development for a new detached dwelling (through a barn conversion and associated works of adaptation and extension). RESOLVED - (1) T H A T planning permission for the works as described in the application be refused. (2) T H A T the Head of Legal and Democratic Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require the following: i. The removal of all unauthorised works that have taken place to Barn F, including the doors and windows, blockwork walls, cladding and roof covering, and the reinstatement of the barn to its previous appearance, as shown in the approved plans and the photographs attached to planning application file 2011/00898/FUL; ii. The demolition of the brick link extension (referred to as building B in the submitted planning application) that has been built between Barn F and the adjacent building (Barn E); iii. Making good the east elevation of Barn E (following the demolition of the link extension) by bricking this up in matching brickwork. (3) 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) The extent of works proposed and that have been carried out to the former steel portal framed barn in the east of the site (Barn F), and the link extension adjoining this to the adjacent brick and blockwork barn (Barn E) and as proposed, amount to the substantial reconstruction and alteration of the building, to the extent that these elements of the proposal would constitute the construction of a new building in the countryside. By reason of the design and character of the alterations/new building, relative to its former agricultural appearance, the works have unacceptably harmed and fundamentally altered the character of the building. The former overly agricultural portal barn now has a highly domesticated an urbanised character, which is to the detriment of the group of buildings and the wider character of the yard. This is contrary to Policies MD1 (Location of New Development) and MD11 (Conversion and Renovation of Rural Buildings) of the Vale of Glamorgan Adopted Local Development Plan 2011-2026, the Conversion and Renovation of Rural Buildings Supplementary Planning Guidance (2018) and advice in Technical Advice Note 12 (Design). (2) The recommendation to refuse planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. (3) It is considered that the decision complies 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. (4) The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. 2021/01386/RG3 Received on 22 September 2021 (P. 158) APPLICANT: Vale of Glamorgan Council, The Alps, Quarry Road, Cardiff, CF5 6AA AGENT: Mr John Griffiths Blacksmiths Shop, The Forge, Cantref, Brecon, LD3 8LR 2, Dyffryn Close, St. Nicholas Retrospective application for new roof covering. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01387|/RG3 Received on 22 September 2021 (P. 169) APPLICANT: Vale of Glamorgan Council, The Alps, Quarry Road, Cardiff, CF5 6AA AGENT: Mr John Griffiths Blacksmiths Shop, The Forge, Cantref, Brecon, LD3 8LR 4, Dyffryn Close, St. Nicholas Retrospective application for new roof covering. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01388/RG3 Received on 22 September 2021 (P. 181) APPLICANT: Vale of Glamorgan Council, The Alps, Quarry Road, Cardiff, CF5 6AA AGENT: Mr John Griffiths Blacksmiths Shop, The Forge, Cantref, Brecon, LD3 8LR 13, Dyffryn Close, St. Nicholas Retrospective planning application for change of roof covering. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01809/FUL Received on 6 January 2022 (P. 192) APPLICANT: Mr Eugene McKay c/o Agent, Unit D - Lunesdale, Upton Magna Business Park, Shrewsbury, SY4 4TT AGENT: Tim Williams Green Planning Studio Ltd, Unit D - Lunesdale, Upton Magna Business Park, Shrewsbury, SY4 4TT Barn (to the North of Howe Mill Farm), St Athan Road, St Mary Church Change of use of a barn to dwelling to be used for holiday purposes. WITHDRAWN by the applicant RESOLVED – (1) T H A T the Head of Legal and Democratic Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require: (i) Reinstate the building to its original condition including undertaking the following: • Remove the render applied to the exterior of the building. • Remove the windows and doors on the front and rear elevations. • Remove the additional areas of new external blockwork in elevations. • Remove the profiled tiled metal sheeting roof. (ii) Remove all of the waste materials from the land resulting from the taking of step (i) above. (2) T H AT 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 appears to the Council that the above breach of planning control constituting operational development has occurred within the last four years. (2) The works that have been undertaken to date have resulted in the substantial alteration of the former rural brick building and are not sympathetic to the fabric of the existing building and unacceptably affects the appearance and rural character of the building and its wider rural setting. The development would, therefore, conflict with Policies SP1 - Delivering the Strategy, MD1 - Location of New Development, MD11 – Conversion and Renovation of Rural Buildings and MD13 - Tourism and Leisure of the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Conversion and Renovation of Rural Buildings (2018) Supplementary Planning Guidance, as well as national policy identified within Planning Policy Wales (Edition 11, 2021), TAN12- Design and TAN 24 – The Historic Environment. (3) It is considered that the decision complies 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. 2021/00571/FUL Received on 4 May 2022 (P. 222) APPLICANT: Mr Jacob George, 122-124, Plymouth Road, The Waverley Care Centre, Penarth , Vale Of Glamorgan. CF64 5DN AGENT: Mrs Kruti Gandhi, 58B, Clearwater Way, Lakeside, Cardiff. CF23 6DJ The Waverley Care Centre, 122-124, Plymouth Road, Penarth Retain boundary fence and gates as built replacing approved (2021/01186/FUL of 14/12/2021) brick wall with metal fencing due to structural instability. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting.
RESOLVED – THAT the comments of the Environment and Regeneration Scrutiny Committee and subsequent comments from Councillor Morgan be noted and considered further by the next Administration as part of an authority-wide traffic management and road safety policy that linked with both the 20mph default speed limit and plans for greater active travel opportunities . Question: Can you please confirm that the current Cabinet has brought forward this resolution and that the proposed authority-wide traffic management and road safety policy will now be addressed as a matter of priority? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Welsh Government announced on 12th June, 2022, a decision to introduce a default speed limit of 20mph in Wales. At this current time our officers are working hard to plan and deliver this project in time for the current introduction date of September 2023. This means there are limited resources to undertake any further large scale traffic policy work, but in addition it would be inappropriate to undertake this work prior to the implementation of the ongoing 20mph default project, as this involves the review of various guidance associated with the setting of speed limits which would be an essential part of any such policy. There is a detailed plan of Active Travel proposals for the Vale of Glamorgan and this can be found on the Council’s website which she would encourage people to look at. The work to develop an authority-wide traffic management and road safety policy will commence following the implementation of the 20mph default speed limit. If there are any specific issues – whether these are around a specific issue or locality that Councillor Morgan has concerns about, I would be more than happy to explore those matters further through discussion with all Members as well if they asked. Minutes - JR No. Supplemental Councillor Morgan, referring to his disappointment that nothing had been progressed, sought a meeting with the Cabinet Member to discuss the matter further. The Cabinet Member indicated that she was happy to do so. (iii) Question from Councillor Dr. I.J. Johnson How many people are currently waiting for social services support, and what is the Council doing to reduce that number? Reply from the Cabinet Member for Social Care and Health People approach Social Services for a variety of reasons. The question is very broad and so I have endeavoured to give some broad details firstly for Adults and then secondly for Children and Young People. If there is anything specific that Councillor Dr. Johnson has concerns about, I can maybe deal with that as a supplementary or through further discussion. Adult Assessment: In Adult Services there are currently 99 people in the community waiting for a Social Services assessment. There are an additional 6 people waiting in hospital for an assessment by a Social Worker There are no urgent cases waiting assessment, but there are 24 awaiting allocation and 75 cases awaiting input from an Occupational Therapist (these are lower priority) the standard we seek to achieve is for assessment to be made within 12 weeks. Adults Waiting for a Service: There are 5 people waiting for a care home placement (3 permanent, 1 temp, 1 respite). There are 120 people waiting for domiciliary care however, just over 20 of those are temporarily receiving that care from the Vale Community Resource Service which specialises in providing reablement and rehabilitation. For Children and Young People The picture here is different and the detail I will provide relates to the numbers waiting to be assessed. This is the position as at the 11/7/22: • 10 children (in 9 families) awaiting assessment by the Child Health and Disability Team. It is expected a number of these children will be allocated for assessment within a week. Minutes - JR No. • 39 children (in 28 families) awaiting assessment by the Intake Team. The list of children waiting is kept under regular review and allocated according to need. Supplemental Thanking the Cabinet Member for his response, Councillor Dr. Johnson sought clarification in respect of the market fragility and service capacity, noting that these were high on the Council’s risk register and enquired if staffing issues were affecting the Council’s ability to deliver support. The Cabinet Member confirmed that there were seven individuals waiting assessment and confirmed that in regard to Adult Services there were less than 100 people waiting for care at home and this was where the Authority was finding it particularly difficult to meet those individuals’ needs. As a result the service was conducting risk assessments for those individuals to ensure that they were prioritised. Domiciliary care was particularly difficult to resource in rural areas as a result specific initiatives were in place to develop additional capacity in the Western Vale. The supply and demand of domiciliary care was carefully monitored and over the previous three months a growing number of packages had been put in place each month. In April, this was 108 packages and in June 136. There was however a gap in capacity and Social Services had put several measures in place to mitigate the situation. He agreed to forward details of these measures to Councillor Dr. Johnson and Members of the Council. (iv) Question from Councillor Dr. I.J. Johnson How many Council houses have been built by the Vale of Glamorgan Council in the last decade? Reply from the Cabinet Member for Public Sector Housing and Tenant Engagement Given the housing crisis in this country, let alone in the Vale of Glamorgan, the straightforward answer is – not enough! But, the good news is that the Council re-commenced its house building programme in September 2017, and since this date Council has completed 76 properties in the following areas: • Francis Road, Barry – 3 no. units • Llys Llechwedd Jenner, Barry – 28 no. units • Clos Holm View, Barry Phase 1 – 11 no. units • Court Road, Barry – 11 no. units • Lon y Felin Wynt, Hayes Road, Barry – 23 no. units 67 properties are currently under construction and these are: Minutes - JR No. • St Cyres Road, Penarth – 14 no. units • Hayeswood Road, Barry – 53 no. units We are ‘in contract’ for 32 properties and awaiting construction start dates at: • Coldbrook Road East, Barry – 20 no. units • Colcot Clinic, Barry – 12 no. units Awaiting Planning Decision, but due to start on site 2022/23, on a further 49 properties at the following locations: • Clos Holm View, Barry (Phase 2) – 31 no. units • Maes y Ffynnon, Bonvilston – 8 no. units • Olive Lodge, Barry (acquisition pending) – 10 no. units In addition we currently have 346 units for schemes at Feasibility and Pre- development stage from 2023. Supplemental Councillor Dr. Johnson, being pleased to hear that the projects were under delivery, enquired of the Cabinet Member as to what consideration she had given in the context of the number of units quoted in her response, the impact of inflation and supply chain issues affecting the construction industry would have on the delivery of the programme over the coming years. The Cabinet Member acknowledged that there had been difficulties with costings of materials and prices from contractors and the Council was working hard to mitigate these pressures and she indicated that she would provide Councillor Dr. Johnson with a written reply. (v) Question from Councillor Dr. I.J. Johnson What is the current situation regarding the Model Farm development? Reply from the Cabinet Member for Community Engagement, Equalities and Regulatory Services Planning permission was quashed in October 2021 when the Court Order by HHJ Jarman QC confirmed the application for permission for judicial review was granted. The planning application is now back with the Council for determination. A new public consultation regarding the planning application was undertaken earlier in the year and additional viability information has also been presented by the applicant which the public could comment on. This information is currently being considered by relevant experts on behalf of the Council. The application remains under assessment and will be reported back to Planning Committee for consideration once this process (including the assessment of the viability information) is complete. However, it should be noted that the application Minutes - JR No. is also currently subject to a holding direction from Welsh Government and once the Planning Committee considers the application, it will have to be passed back to Welsh Government for an actual decision. The application will not be on the agenda for next Planning Committee on 27th July and is likely to come back for consideration in the Autumn. Supplemental Councillor Dr. Johnson sought clarification on the process and decision-making in terms of who would make the final decision regarding the granting of planning permission. Referring to the holding direction received from Welsh Government the Cabinet Member confirmed that the matter would come back to the Council’s Planning Committee in the near future to consider officers’ recommendations. Once the Planning Committee had considered the matter the application would be passed back to Welsh Government for the final decision. (vi) Question from Councillor Dr. I.J. Johnson What is the timetable for a new-build Welsh medium school in Cowbridge? Reply from the Cabinet Member for Education, Arts and the Welsh Language Thank you for your question. The new build Welsh Medium School in Cowbridge proposal will need to be subject to a statutory consultation process. This is provisionally planned for September 2022 and a final determination on the education proposal likely in March 2023. This consultation is required to determine what form of Welsh Medium primary school would be most appropriate based on the statutory considerations outlined in the School Organisation Code. It is anticipated that the funding for the project will form part of the extended Sustainable Communities for Learning Band B programme. This will depend on Welsh Government approval to extend the programme. Projects within the Band B programme must be approved before 2024 and completed by 2026. Based on the current estimated timeframe it is expected that the relevant business case, planning and SAB approvals would be in place by September 2023 to allow construction to begin. The new school would be anticipated to open in January 2025 subject to no delays in achieving the relevant approvals. The Council’s draft Welsh in Education Strategic Plan covering the years 2022 to 2032 requires the new school to be delivered by 2027. Under the current programme the Council aims to deliver the new school by 2025. However, this is subject to the necessary funding being in place and the outcome of the relevant stages of the decision making process. Minutes - JR No. Supplemental Councillor Dr. Johnson enquired if any lessons had been learned from the Barry Waterfront development. The Cabinet Member confirmed that there had been and she would be happy to discuss these with Councillor Dr. Johnson further. (vii) Question from Councillor M.J. Hooper Given the upcoming changes at Westminster, and especially cognisant of Boris Johnson's personal agenda, have the Council identified any new risks to the levelling up funding bid, and what are they doing to mitigate said risks? Reply from the Executive Leader and Cabinet Member for Performance and Resources The scope of the Levelling Up Round 2 remains unchanged and changes within Westminster have not impacted on bid development. The Portal for submission of bids had opened and the Council bid would be submitted shortly. The Council has identified this as a risk in terms of delivery timescales for capital works should the bid be approved. It is hoped that the end dates for delivery or the appraisal window will be amended by UK Government to mitigate against this delay at the start of the process. Supplemental Councillor Hooper, referring to the current Prime Minister leadership contest and to the pledges relating to taxation made by the candidates which economic commentators believed could result in implications for future levelling up funding and shared prosperity funding, asked the Leader if she would consider a review of the risks. Referring to scenario planning by the Project Team, the Leader indicated that they were well ahead in terms of working out the potential implications, but until clarity was achieved within the Conservative party, it was a case of waiting and seeing and then act accordingly. (viii) Question from Councillor C.A. Cave Could the Cabinet Member please explain the criteria for cutting highway verges? Reply from the Cabinet Member for Neighbourhood and Building Services There are set criteria for the various designated areas of the Highways Verge network and the detail of this is as follows: Minutes - JR No. There are 150km of carriageway designated as Strategic Routes within the adopted highway, these are cut during May, July and September throughout the growing season to an average width of 3 metres. There are 655km of carriageway designated as Non-Strategic Routes within the adopted highway, these are cut on one occasion at an average width of 1.2 metres after the 3rd Monday in July to aid users of the carriageway but also to aid / assist the ecological interest of these verges. There are several recognised Vision Splays within the highway network that require cutting at the beginning of the growing season to ensure appropriate vison at these junctions, this would usually take place in May, however within our contract we also have the ability to call upon a second vison splay cut if verge growth requires it. Supplemental Councillor Cave sought an explanation from the Cabinet Member as to why contractors were being allowed to choose when and where they would cut grass verges. She had particular concern that vehicle vision splays were not being appropriately managed. The Cabinet Member indicated that he was not aware of any particular issues in regard to the maintenance of highway verges but gave an assurance that he would investigate the matter. (ix) Question from Councillor C.A. Cave Will the Cabinet Member please give his support to a Rural Roads Policy? Reply from the Cabinet Member for Sustainable Places Thank you for your question and I would advise that I am aware that this matter has already been responded to and addressed via Council questions by the previous Cabinet Member for Neighbourhood Services and Transport. I would concur with his statements and position stated at that time, however, for the avoidance of doubt I would clarify as below for new Members. The Council’s local road network comprises a mixture of road classes and unclassified roads within the rural Vale incorporating country lanes. It is the case with a significant number of both urban and rural roads throughout the Vale that these were not designed or constructed to accommodate the current mix and volume of traffic, pedestrian, cyclist and equestrian users. However, all roads including rural roads and country lanes, must carry a certain composition of traffic to serve the needs of the local population both from a business, work and leisure perspective and motorists who use these roads should do so with appropriate care and consideration for others. It is also accepted that there is a general increase in the use of all roads for various purposes, but this is Vale wide and affects all classes or road both rural and urban. Minutes - JR No. Where specific safety or conflict issues arise along rural roads or country lanes this is already investigated and managed based on specific investigation and evidence obtained in the same was as urban roads to ensure the Council comply with its statutory duty to manage its overall highway network in accordance with the appropriate legislation. There are no requirements for the Council to manage country lanes or rural roads separately or in a different manner to its other local road network and there is no evidence that country lanes are generally unsafe, albeit there is a recognition of a slightly different mix of traffic and infrastructure conditions in managing various elements and classes of road within the Vale’s local road network. Where issues on any country roads are brought to the Council’s attention then these will be fully investigated based on the evidence and risk approach in the same way that all other roads are assessed and managed. As a consequence, and based on the above position, I do not consider that there is a need to have a separate Rural Roads Policy as safety and traffic conditions are already considered specific to each circumstance and section of road based on investigation and evidence whether this is a rural country lane or busy urban road. In summary, the Council’s highways teams review and considers specific concerns on its rural network in the same manner as any other road within the Vale’s local highway network and this is considered adequate, reasonable and a proportionate way to deal with safety issues which may be raised or occur at any time. Finally, and as referenced in one of my previous responses, at a meeting of the Cabinet on 28th February 2022 consideration was given to a reference from the Environment and Regeneration Scrutiny Committee concerning a suggested Rural Roads Policy in the Vale. Cabinet at the time resolved to note the comments of the Environment and Regeneration Scrutiny Committee and subsequent comments from Councillor Morgan and considered further by the next Administration as part of an authority-wide traffic management and road safety policy that linked with both the 20mph default speed limit which she supported. I agree with the previous Cabinet Member’s position on this matter and as I have stated, work to develop an authority-wide traffic management and road safety policy will commence following the implementation of the 20mph default speed limit. Supplemental Thanking Councillor Morgan for his support and campaigning for such a policy, Councillor Cave asked the Cabinet Member if she would accept an invitation to visit her ward to look at issues that had not been addressed by her Cabinet predecessor. The Cabinet Member indicated that she would be happy to visit Councillor Cave’s ward. Minutes - JR No. (x) Question from Councillor G.D.D. Carroll What action is the Council taking in response to the impacts of inflation on the Authority’s budgets? Reply from the Executive Leader and Cabinet Member for Performance and Resources The inflationary pressures are impacting on all of the Council’s finances both revenue and capital. For revenue the Council has been largely protected on rising utility costs having purchased its gas and electric in advance but is seeing pressure coming through on changes to standing charges. Negotiations are ongoing on the 2022/23 pay award and it is looking likely that the 3% set aside will be insufficient. Services are managing their budgets tightly to ensure the Council’s finances are as robust as possible. Regular sessions are held to discuss budget pressures across all Directorates. You will also be aware that regular revenue (and capital) monitoring reports are brought before Cabinet (and all Scrutiny Committees) so that the budgets can be monitored and where necessary, action taken to address emerging issues. Pressures are also coming through in Capital and again the finance team are working with service managers to understand the impact of rising prices at a scheme level. As part of this work we are ascertaining progress on schemes, whether work is under way, contracts agreed or work still out to tender. Managers are having to value engineer schemes to keep to agreed cost envelopes. In particular cases, such as with key projects that are funded via Welsh Government (21stC schools being a key example), discussions are held to establish whether inflationary pressures can be factored into any awards. Finally, all be aware that the Council does hold specific reserves (both revenue and capital) which are available to be used as a consequence of cost pressures, including inflationary increases. Supplemental Councillor Carroll enquired if the Leader anticipated a draw down from reserves and what this amount would be. The Leader pointed out to Councillor Carroll that this had been set out in recent reports to the Corporate Performance and Resources Scrutiny Committee and the Governance and Audit Committee. Those reports referred to reserves that could be used and would be used if deemed necessary and it was just as well the Council had these. Minutes - JR No. (xi) Question from Councillor G.D.D. Carroll Will the Cabinet Member please provide an update on action the Council is taking to improve highway infrastructure on Llandough Hill? Reply from the Cabinet Member for Neighbourhood and Building Services Thank you for your question, however, it is unclear exactly what information you are looking for regarding the highway infrastructure on Llandough. I can confirm that Llandough Hill is recorded as adopted highway and the Council as local highway authority has a duty to maintain it at public expense under Section 41 of the Highways Act 1980. I am unaware of any other infrastructure on Llandough Hill that you may be referring too. Perhaps if you could elaborate, I would be happy to respond further. Supplemental Councillor Carroll asked the Cabinet Member if he would support the resurfacing of the road. The Council’s three year plan which provided a method whereby individual roads were identified and prioritised for resurfacing through consideration of several specific criteria, which included but was not limited to road classification, ongoing maintenance costs, customer complaints and third party claims. The process enabled the Council to implement an annual programme of resurfacing works on a priority basis so as to manage its highway asset in the most cost effective and beneficial manner subject to the funding available annually for such works. The three year plan had recently been updated and was presented to Cabinet on 7th July, 2022 and the Environment and Regeneration Scrutiny Committee on 12th July, 2022. The agendas and minutes of these meeting were available, as he pointed out to Councillor Carroll, via the Council’s website. That Cabinet report identified that Llandough Hill was identified as scoring 195 points on the three year Resurfacing Plan and it was anticipated, based on current funding available in the current financial year, that resurfacing works would be undertaken to roads scoring a total of 210 points or above. Therefore it was unlikely that the road would be resurfaced in the current financial year, although the position would be reviewed again in 2023. (xii) Question from Councillor R.R. Thomas Will the Leader confirm how many potholes have been reported to the Council within the town of Penarth in the last 12 months? Reply from the Executive Leader and Cabinet Member for Performance and Resources I am informed that 126 carriageway defects have been reported to the Council from July 2021 to June 2022. All of these reported defects have been inspected Minutes - JR No. to ensure they meet the intervention criteria set by the Council. The criteria is available on the Council’s website and the Environment and Regeneration Scrutiny Committee had also discussed this recently. In addition, the Council’s Highway Inspectors have raised some 242 actionable carriageway defects in Penarth from July 2021 to June 2022. Some of these defects will be in the 126 reported defects identified above. Whilst we regularly inspect all our highways, as has been detailed, defects will appear in between these inspections. We therefore encourage all residents to use the ‘report it’ feature on our website if they are concerned about a pothole, or alternatively to telephone our contact centre with this information. Supplemental Councillor R. Thomas, referring to the Council’s report which only identified one road which required resurfacing which he was disappointed with, asked the Leader why residents of Penarth were low on the Council’s priority list and invited her to visit the ward with him to walk and speak to residents on the issue. The Leader indicated that she regularly walked and cycled around the Plymouth ward for a number of reasons and that at a recent visit to the ward she only identified three potholes which had already been assessed for repair and since that time the work had been undertaken. She reminded Councillor Thomas that she regularly reported potholes for repair and recounted from emails she had retained for her records that she had reported a number of defects to road across Penarth in 2017 and 2018. In 2019 she had reported 132 defects and one road where she had reported potholes had since been resurfaced. In 2020 she had reported 5 defects and in 2021 she had reported a further 47 defects across various locations in Penarth. She also pointed out to Councillor Thomas that she also took the time to report street bins that required emptying, street lights that were not working and graffiti. She was not only a voice for the community in the Council but an effective Councillor. She also reminded Councillor Thomas of the reporting feature on the Council’s website and suggested that he walked his ward and reported any potholes which she had no doubt would be repaired if they met the Council’s repairs criteria. (xiii) Question from Councillor G. Bruce Why has the Council not taken action to ensure adequate school transport provision is put in place for pupils travelling from Rhoose Primary to Cowbridge Comprehensive following catchment area changes to protect the education continuity of pupils attending Cowbridge? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Free home to school transport is provided to secondary aged pupils who live three or more miles from their catchment school. Minutes - JR No. Transport is provided for any pupil who qualifies either on distance grounds or because they do not have an available walking route to school, if they attend their catchment area school. This is and has been the Authority’s position and is part of the school and college transport policy which can be found on the Council’s website. Pupils moving up from Rhoose Primary to Cowbridge Comprehensive in September 2022 will be allocated free school transport, as long as they live in catchment. Parents are able to apply to any school they wish, but as outlined in the Policy if it is non-catchment parents/carers will be responsible for transport provision. The change of catchment for Cowbridge Comprehensive, that included Rhoose moving into catchment was, as other changes in school catchments have been, a phased approach. The change came in for Year 7 in September 2021 and will be for both Year 7 and Year 8 in September 2022. The Council does not change the catchment for all year groups at the same time. If that was to happen, in this particular case, then all pupils who attended Llantwit Major Comprehensive and live in Rhoose would all be out of catchment and not qualify for free school transport. That would affect close to 230 pupils who live in the Rhoose area and who knowingly choose to attend at that time their catchment school, Llantwit Comprehensive. The Council has fulfilled its statutory duty and continues to provide transport for pupil who attend their catchment school. I am aware of issues raised with regards costs for the private bus that runs from Rhoose to Cowbridge Comprehensive which is in part due to a lack of pupils not needing to purchase seats on this bus as they now travel for free on a Council contracted school bus. However, I will refer to another private bus that ran from the Ely area of Cardiff to Cowbridge Comprehensive that another operator decided to cancel at the beginning of this year. This was not due to lack of passengers, it was a decision made by the operator for business reasons. The Council has no control over the running of private services and as such operators can make decisions on fares, whether or not they run a service or the route the bus may take without consultation (xiv) Question from Councillor C.P. Franks Will the Cabinet Member indicate the additional tax burden falling on the Vale of Glamorgan Council in respect of the proposed increase in National Insurance contributions imposed by the UK Government? Minutes - JR No. Reply from the Executive Leader and Cabinet Member for Performance and Resources The direct impact of the NI increase in 2022/23 was calculated as part of the Budget proposals to be £1.034m – this figure includes all schools. In terms of the indirect impact on for instance social care providers – we haven’t been able to put a figure on this as we do not have sufficient detail on our suppliers pay and the increases to Social Care Providers for 2022/23 would reflect the RLW increase and other inflationary impacts such as energy costs. Supplemental Councillor Franks sought an assurance from the Leader that all front line services would be protected in the face of increased National Insurance contributions. The Leader referred to the fact that the increase had been budgeted for as part of the Council’s budget setting process and alluded to approximately £1m of additional costs that had been accounted for. The budget setting process for the previous financial year identified £24m shortfall and that the Council had received a good budget settlement from the Welsh Government. However, she did not know what the settlement would be for the future financial year, but it was unlikely that it would be at the same level. Alluding to the forthcoming budget setting process that the Council would be undertaking, this would need to take account of a number of additional financial challenges and she specifically referred to energy prices and inflationary pressures. She would do all that was humanly possible to protect services starting with the most vulnerable. (xv) Question from Councillor C.P. Franks The Cabinet Member will be aware of increasing concerns in Dinas Powys regarding road safety. Will you indicate what measures are being implemented to make our streets safer? Reply from the Deputy Leader and Cabinet Member for Sustainable Places Thank you for your question, however, I note that you do not provide any specific details relating to your road safety concerns and it is therefore difficult for me to respond specifically. The Council receives numerous concerns regarding a variety of aspects relating to road safety throughout the Vale and investigates those concerns as appropriate and as far as reasonably practicable given the current resource available and its current powers and responsibilities. I would firstly clarify that the Council as local highway authority has a statutory duty under Section 39 of the Road Traffic Act 1988 to undertake studies into road traffic collisions, and to take steps both to reduce and prevent them as far as reasonably practicable and appropriate. To carry out this duty, the Council Minutes - JR No. reviews collision data provided by the Welsh Government on a six monthly basis relating to injury collisions which have occurred within the Vale’s local highway network and considers the evidence and potential contributary factors associated with those collisions. Where necessary based on this analysis and the potential cause of any collision, the Council will consider schemes to improve road safety subject to available funding. This includes Dinas Powys, however, I am unaware of any serious injury collision within the village which require any specific and immediate consideration at this time. There is quite often some confusion over responsibilities with regard to highway safety matters and speed related issues. Although, the Council sets speed limits, the primary responsibility for speed enforcement rests with the Police and the Council has no powers to deal with speeding offences. For this reason, we recommend that contacting South Wales Police should always be the first line of approach taken by members of the public who are concerned about speeding issues in their local area. Alternatively, residents can make a request for speed camera enforcement direct with GoSafe, the Wales Casualty Reduction Partnership, whose primary function is to make Welsh roads safer by reducing road casualties. However, the Council, Police and GoSafe will generally recommend residents consider the setting up of a community speed watch scheme which has proven to helpful deterring speeding in local areas throughout Wales and of which there are many example throughout the Vale. Details can be found on the GoSafe website. In exceptional circumstances, where there is a significant history of personal injury collisions, and where police and/or GoSafe action has failed to reduce speeding offences and improve road safety, the Council will consider introducing further measures to assist with speed enforcement such as traffic calming. Such measures are expensive to introduce and where further measures are considered necessary then those schemes compete for limited Welsh Government grant funding, where in most, if not all cases, the most severe locations are awarded funding. The Council has currently accumulated a significant number of schemes that are awaiting future funding. Finally, you will also be aware of the Welsh Government proposal for 20mph speeding limits in Wales following the issue of advice on 12th July, 2022 by the Head of Neighbourhood Services and Transport. The Senedd also voted on and approved the proposal to reduce the default speed limit from 30mph to 20 mph on restricted roads and residential streets on 12th July, 2022. Council officers are currently working through the requirements of the legislation to understand the implications within the Vale and which roads will be impacted after having successfully taken part in one of eight Welsh Government pilots for the 20mph default speed in St. Brides Major. The default speed limit is due to be implemented in September 2023 and this measure would hopefully address ongoing road safety concerns relating to speed not only in Dinas Powys but throughout the Vale where the limit is to be implemented. I anticipate that the Council will be able to provide further details on the implications for individual areas in Autumn 2022. Minutes - JR No. Supplemental Referring to the necessary investment, policing, enforcement and the lack of safety schemes including the provision of a camera safe scheme in Dinas Powys which volunteers were happy to support if provided the equipment, Councillor Franks asked the Cabinet Member what she was going to do about it. The Cabinet Member referred to her initial response and reminded Councillor Franks that these measures would help address the issues he raised. The Council was taking serious steps to address road safety and reminded Councillor Franks that the Police also had an important role to play in the issue. (vxi) Question from Councillor C.P. Franks In the event of serious flooding of residential and commercial properties what plans exist to safe guard vulnerable people? Reply from the Cabinet Member for Neighbourhood and Building Services The Council’s Civil Protection Unit (CPU) operate a 24/7 365 duty officer system to respond to emergencies. The CPU works with other service areas to respond and if necessary will open an emergency control room, usually based at the Alps in Wenvoe. In the event of a flooding emergency, officers will contact the Social Services Emergency Duty Team to ascertain if there are any known vulnerable residents within the area, but it should be noted these would only be if they are social services clients. Welsh Government are working on a system called JIGSO which is a web service that allows the user to be able to search a specific area of a map and identify the properties within which are vulnerable citizens who may require assistance during an emergency such as flooding/snowfall or perhaps an area being affected by smoke. For example, the user can draw a circle/polygon around an area and within a matter of minutes, be able to identify which households require assistance. This will allow vulnerable citizens to receive priority assistance to prepare for an emerging incident, receive additional support as a result of an event e.g. water bottles, or evacuate if required. In the case of Storm Bella in 2020, to obtain data on which properties required assistance took some time, with JIGSO this information can obtained in a couple of minutes. The maps can also be changed i.e. a black and white map just showing outlines or perhaps a satellite map (similar to Google Earth but in more detail) can be selected. The system, which is unique to the UK, now means that data is now available within minutes detailing the most vulnerable citizens in our communities so they can be supported when an incident occurs. In addition the CPU has produced a new Community Flood Plan and Extreme Weather Guidance, that explains how to prepare a Community Flood Plan. This Minutes - JR No. plan can be completed by households and as a community or flood group. This can help communities develop local level plans that will assist local communities and groups to identify and prepare plans for any vulnerable residents within their local community who may need extra assistance, guidance can be found on the Council’s website where you will also find further information and guidance, for residents and businesses, on what to do before, during and after a flooding event. Supplemental Referring to the recent flooding events in Dinas Powys Councillor Franks asked the Cabinet Member if he would reconsider the level of support from the Council in future to vulnerable residents. Disagreeing with Councillor Franks’ assessment of the support provided by the Council during the recent flooding events having seen related reports, it was his view officers had worked hard to support affected residents. (xvii) Question from Councillor J.E. Charles Will the Cabinet Member please outline the Council’s waste recycling targets and confirm if these are being met. Reply from the Cabinet Member for Neighbourhood and Building Services The last measured recycling and the minimum Local Authority recovery (recycling, preparation for re-use and composting) target was 64% (2019 / 2020). The Council had to achieve a recycling rate of 64% within this target year and thereafter up until 2023 / 2024. During the target year of 2019 / 2020, the Council recorded a recycling rate of 70.3% exceeding the statutory target. The next measured target will be 70% by 2024 / 2025. At present, the Council continues to exceed the statutory targets and it is currently the second highest performing Council in Wales and on target to achieve and exceed the 2024 / 2025 target. Supplemental Referring to the current emergencies, Councillor Charles enquired if the Council would make more savings from increasing recycling and reuse rates. The Cabinet Member indicated that the Council had plans to do this and referred to the new waste transfer station at Cowbridge with a further facility to be provided at the Atlantic Trading Estate, Barry. Minutes - JR No. (xviii) Question from Councillor C.E.A. Champion Will the Cabinet Member consider increasing the number of separated recycling waste bins in the public spaces across the Vale? Reply from the Cabinet Member for Neighbourhood and Building Services There are no immediate plans to provide separated recycling bins for town and rural litter as previous trials affected recycling quality and increased contamination levels due to poor compliance by users with the various separate recycling compartments. However, when the Council’s new recycling plant opens next year there will be greater service flexibility for further trials and hopefully improved compliance due to there being a greater awareness now amongst residents and visitors of the need to effectively recycle all waste. We will therefore plan to undertake further work in this area during 2023. Supplemental Councillor Champion enquired why the Council did not have separated recycle bins when other Councils did. In response the Cabinet Member referred Councillor Champion to his original reply for the reasons.
RESOLVED – T H AT the conclusions and recommendations in the Inspector’s Report be accepted and the Application to register the Land as a town or village green be refused because the Applicant had failed to satisfy the statutory tests under section 15(2) of the 2006 Act. Reason for decision In order for the Council as Commons Registration Authority to discharge its duty to determine the Application in accordance with the 2006 Act and the Commons (Registration of Town or Village Greens) (Interim Arrangements) (Wales) Regulations 2007.
RESOLVED – (1) T H A T the updates to the Cabinet Quarterly Work Programme for April to June 2022 attached at Appendix 1 be agreed. (2) T H A T the Cabinet Quarterly Work Programme July to September 2022 attached at Appendix 2 be endorsed. Reasons for decisions (1) To monitor progress. (2) To approve the Work Programme for July to September 2022. C37 VALE OF GLAMORGAN COUNCIL: ANNUAL PERFORMANCE CALENDAR 2022/23 (EL/PR) (SCRUTINY – ALL) – The report presented the Vale of Glamorgan Annual Performance Calendar for 2022/23 which outlined the key plans and reports that would be subject to consideration by Members throughout the year. The report also outlined how the Council proposed to engage with the new cohort of elected Members in shaping the processes, key plans and reports aligned to the Annual Performance Calendar to enable the Council to meet the new performance requirements of the Local Government & Elections (Wales) Act 2021 (LG&E Act) and contribute to the national goals of the Well-being of Future Generations (Wales) Act 2015 (WBFG). The timeline for producing the Council’s first self-assessment report under the new performance provisions of the LG&E Act aligned with existing performance management arrangements and would bring together key performance and governance related insights throughout the year into a summary judgement on how well the Council were meeting the performance requirements. The report would be published in November 2022 with copies provided to the Auditor General for Wales, Her Majesty’s Chief Inspector of Education and Training in Wales (‘Estyn’) and Welsh Government Ministers in line with the statutory guidance. Cabinet 2022 Appendix A to the report proposed an approach to engaging with Members on the Council’s Performance Management Framework through the Annual Performance Calendar of activities in order to develop their skills and knowledge and strengthen their involvement in shaping and refining the key plans, reports and processes that would support them in their key role of assessing whether the Council was achieving its Well-being Objectives, delivering value for money and improving the wellbeing of its citizens. Officers would use the outputs of the engagement work to shape the development including format, content and presentation of Council plans, reports and data insights to better support Members in their roles. This had been informed by feedback previously received from elected Members, notably around the production and scrutiny of service plans. The Leader said that performance monitoring had always been high on the agenda for the Vale of Glamorgan Council but would help to further strengthen existing performance arrangements to enable the Council to meet the new performance requirements. Councillor Williams said it was good to have an overview of the reports coming through, that Cabinet Members had been involved with peer challenges and looking at Directors’ areas of work. He was pleased this would continue on through the year. The Leader agreed that it was important to understand how all the various reports linked in with the different Service Plans. 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 Vale of Glamorgan Annual Performance Calendar 2022/23 and the proposed approach to engaging with Members in-year to shape and refine the Annual Performance Calendar and associated processes, plans and reports to enable the Council to meet the new performance requirements be endorsed. (2) T H A T the report be referred to all Scrutiny Committees and the Governance and Audit Committee for consideration, with any views being referred back to Cabinet. Should Scrutiny Committee make no further comments, Cabinet would consider the Annual Performance Calendar for 2022/23 as agreed. Reasons for decisions (1) To ensure the Council fully discharged its duties under both the Well-being of Future Generations (Wales) Act 2015 (WBFG) and the Local Government & Elections (Wales) Act 2021 to publish annual well-being objectives, keep performance under review and consult and report on our performance through an annual self-assessment relating to the previous financial year. Cabinet 2022 (2) To ensure all Scrutiny Committees and the Governance and Audit Committee (Section 114 of the Local Government & Elections (Wales) Act 2021) had oversight of the Annual Performance Calendar and their views inform the Council’s approach to meeting the new performance requirements. C38 HIGHWAY MAINTENANCE THREE YEAR PLAN 2022 – 2024 (NBS) (SCRUTINY – ENVIRONMENT AND REGNERATION) – Section 41 of the Highways Act 1980 detailed the Council’s legal duty as highway authority to maintain highways at public expense. The Highway Maintenance Three Year Resurfacing Plan 2022 – 2024 provided the foundation for delivering a well-maintained and managed highway which was essential to sustain the Vale of Glamorgan's economic, social and transport needs. The proposed Resurfacing Plan was attached at Appendix A to the report with priority roads identified by the Council's Highway Engineers as requiring treatment. All roads listed within the Plan for resurfacing had been assessed over the last 12 months in accordance with the 'Carriageway Resurfacing Prioritisation Scoring System' as detailed at Appendix B to the report and would be treated in financial year 2022/2023. The roads listed for Micro Asphalt and Surface Dressing were preventative treatments determined by engineering assessment only and listed at Appendix A. The allocation of the budget for 2022/23 would be spent on three carriageway treatment types, namely Resurfacing, Surface Dressing and Micro Asphalt works in line with the priority listing in the Plan. It was anticipated the available budget of £2.3million (2022/23) would enable the resurfacing of roads scoring a total of 210 points or above on the Plan for 2022/23. Those roads listed within Appendix A that did not receive works this year would be planned for completion in the next financial year, subject to adequate funding. Those roads listed with no scores against them had been added to the Plan following on from stakeholder referrals and would be reviewed once assessed, scored and considered on review of the Plan. Should the condition of any highway be such that it required immediate attention, it was suggested that the Director of Environment and Housing be granted delegated powers, in consultation with the Cabinet Member for Neighbourhood and Building Services, to amend the Plan. The Cabinet Member added that areas on the Highway Maintenance Scoring Matrix with a score of less than 210 would still be looked at and reassessed to see what could be prioritised. Works were able to be reassessed as weather could have an impact on the condition of roads. The £200k revenue budget for footway repairs was important for promoting active travel within the community. Cabinet 2022 The Deputy Leader welcomed the inclusion of active travel as part of the three-year plan as it linked to the Council’s Active Travel Plans. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein and including the typographical amendment to Resolution (4) RESOLVED – (1) T H A T the contents of the Highway Maintenance Three Year Resurfacing Plan 2022 to 2024 as attached at Appendix A to the report be noted and the priority locations for resurfacing be agreed. (2) T H A T the Director of Environment and Housing be authorised to amend the Plan, in consultation with the Cabinet Member for Neighbourhood and Building Services, if urgent highway resurfacing priorities were identified. (3) T H A T the matter be referred to the July 2022 Environment and Regeneration Scrutiny Committee for consideration. (4) T H A T, subject to no comments that would affect the Plan as proposed being received from the Environment and Regeneration Scrutiny Committee, the Highway Maintenance Three Year Resurfacing Plan 2022 to 2024 be agreed. (5) T H A T in future years, the criteria for road scoring be reviewed to better consider issues such as Active Travel and other routes that may be well used by cyclists. Reasons for decisions (1) To agree the Plan and priority locations in principle. (2) To deal efficiently with changes in the Plan should other highway routes deteriorate more rapidly than expected or constraints dictate that a change in priority was required to ensure the most cost-effective use of the budget allocation in 2022/23. (3) To ensure that the relevant Scrutiny Committee could consider the details of the Highway Resurfacing Three Year Plan 2022 to 2024 prior to it being formally agreed. (4) To enable the final Plan to be approved following its consideration by the relevant Scrutiny Committee, should no comments that affect the Plan as proposed be received. (5) To ensure that the future assessment criteria took into account all relevant highway use factors. Cabinet 2022 C39 THE VALE OF GLAMORGAN REPLACEMENT LOCAL DEVELOPMENT PLAN 2021 - 2036: DRAFT INTEGRATED SUSTAINABILITY APPRAISAL SCOPING REPORT (CEERS) (SCRUTINY – ENVIRONMENT AND REGENERATION) – On 19th October, 2020, Cabinet endorsed a recommendation to commence a full review of the adopted Local Development Plan (LDP) before 28th June, 2021. The first stage in the Replacement Local Development Plan (RLDP) process was the production of the Delivery Agreement (DA) which contained the timetable for preparing the RLDP together with the Community Involvement Scheme (CIS) which set out how and when stakeholders and the community could engage with the plan making process. The DA was formally approved by the Welsh Government on 4th May, 2022. The Planning and Compulsory Purchase Act required sustainable development to be at the heart of the development plan process and there was a statutory requirement for the RLDP to be subject to specific appraisals and assessments to meet the requirement. This legal requirement was met through the production of an Integrated Sustainability Appraisal (ISA) Report which sought to identify the likely significant economic, social, environmental, and cultural effects of the emerging plan, and suggested measures to minimise any negative effects and maximise positive effects. The preparation of the Scoping Report was the first stage of the ISA process. The Scoping Report was largely an evidence-gathering stage and set out the current economic, social, environmental and cultural well-being context including baseline data and identified sustainability issues which were relevant to the local area. A draft ISA Scoping Report had been prepared for the emerging RLDP. The report outlined the main elements of the draft Scoping Report and sought Cabinet approval to undertake a public consultation in accordance with the regulations. The Deputy Leader said that the sustainable approach linked to her Portfolio and stressed the importance of the Wellbeing of Future Generations Act for the Council’s work going forward. She also looked forward to seeing the results of the consultation. The Cabinet Member advised that, subject to Cabinet endorsing the draft ISA Scoping Report, it would be subject to a 5-week public consultation between August and September 2022 during which all interested parties, (including both key stakeholders and members of the public) would have the opportunity to comment on it. The Leader asked if briefings were to be arranged for Members in the near future. The Cabinet Member said there would be a briefing looking at the Council’s strategy as part of a pre-consultation process, but which was separate to the main consultation. This was a matter for Executive decision. Cabinet 2022 Cabinet, having considered the report and all the issues and implications contained therein RESOLVED – (1) T H A T the draft Integrated Sustainability Appraisal Scoping Report be endorsed for public consultation purposes. (2) T H A T a 5-week public consultation be undertaken on the Draft Integrated Sustainability Appraisal Scoping Report. (3) T H A T a follow up report on the outcome of the public consultation and any proposed changes be prepared and considered by Cabinet. (4) T H A T delegated authority be granted to the Director of Place, in consultation with the Cabinet Member for Community Engagement, Equalities and Regulatory Services, to make typographical or other minor changes to the draft Scoping Report as necessary prior to publication. Reasons for decisions (1) To comply with section 39 (2) of the Planning and Compulsory Purchase Act 2004 and Strategic Environmental Assessment Regulations 5 (2) and 5 (4). (2-3) To comply with Strategic Environmental Assessment Directive, Article 5 (4) and 6 (3). (4) To enable typographical or other minor amendments as necessary without the need to seek Cabinet approval. Cabinet 2022
RESOLVED – (1) T H A T the contents of the report and the draft response to the consultation (attached at Appendix A) be noted and agreed the same for submission to Welsh Government, subject to referral to Corporate Performance and Resources Scrutiny Committee for the Committee's consideration. (2) T H A T Corporate Performance and Resources Scrutiny Committee considers the content of this report and Appendix A and refers any comments back to Cabinet for consideration. Cabinet 2022 (3) T H A T should Corporate Performance and Resources Scrutiny Committee have no comments, that the consultation response be agreed for submission. (4) T H A T, subject to Resolutions (1), (2) and (3), authority be granted to the Director of Corporate Resources to submit the Council's consultation response to the Welsh Government by the deadline of 22nd July, 2022. Reasons for decisions (1) To enable the Council to respond to the Consultation on Statutory Guidance and Directions made under the Local Government Act 2000, the Local Government (Wales) Measure 2011 and the Local Government and Elections (Wales) Act 2021. (2) To enable the view of the Scrutiny Committee to be sought prior to submission. (3) To enable the recommendations to be agreed, without reference back to Cabinet if appropriate. (4) To enable the response to be submitted by 22nd July, 2022. C23 UPDATE ON ACTIVE TRAVEL NETWORK MAP 2021 SUBMITTED TO WELSH GOVERNMENT (SP) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Active Travel (Wales) Act 2013 placed duties on local authorities in Wales to map, plan for, improve and promote opportunities for active travel. Initial Active Travel Network Maps (ATNMs) were approved by Welsh Government (WG) in November 2017 and updated ATNMs must be submitted to WG every three years. Sustrans Cymru Ltd assisted Council officers with the undertaking of the Active Travel route auditing and production of future routes. A 12-week public consultation on the ATNM took place between 2nd August and 24th October, 2021. Three amendments to the ATNM were made following the consultation which were agreed by Cabinet following consideration by the Council’s Environment and Regeneration Scrutiny Committee. The Council’s approved ATNM was submitted to WG for approval in January 2022 and four essential amendments were required by them to ensure network coherence. The report sought to inform Cabinet of the sections that needed to be added to the ATNM in order for WG to approve the final document. The Deputy Leader advised that the four representations were detailed within paragraphs 2.3 to 2.6 to the report. She also referred to a video that was available on the Vale of Glamorgan website which discussed active travel in more detail. Cabinet 2022 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 addition of four areas to the previously agreed Active Travel Network Map be endorsed, which would allow it to be approved by Welsh Government. (2) T H A T delegated authority be granted to the Head of Neighbourhood Services and Transport in consultation with the Cabinet Member for Sustainable Places to agree any other minor additions to the Active Travel Network Map over the next three years. Reasons for decisions (1) To obtain approval from Welsh Government on the revised Active Travel Network Map. (2) To allow any future minor additions to be added to the map as required. C24 BARRY DOCKS TRANSPORT INTERCHANGE WELTAG STAGE THREE BUSINESS CASE AND DELIVERY PROGRAMME (SP) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The report provided Cabinet with an update of progress on the Barry Docks Transport Interchange Scheme and sought approval of the WelTAG Stage Three Business Case study. The Stage Three study had been completed by technical consultants Amey and proposed that Option 2 of the study be progressed. Option 2 set out a masterplan for an interchange and related development both north and south of the main line at Barry Docks Station. The report sought authority to progress part of that option as Phase 1 of the delivery of the larger scheme and in accord with the current funding available to the Council. The report set out the current funding arrangements for the capital works and consultancy fee for delivery of the Scheme and advised on the procurement process and choice of works contract. The report sought appropriate delegations of authority to both officers in conjunction with the relevant Cabinet Member to allow the award of works contract following a tender process and the award of funding by the Cardiff City Region and Local Transport Funds (Welsh Government transport funding). Delegations were also sought regarding agreement of such funding awards and the amendment of the Capital Programme once such awards were agreed. Further Cabinet 2022 delegations were sought to enable the signing of the works contract and to enable internal management arrangements to be put in place to deliver the Phase 1 works. The Leader said it was an important report alongside other reports that discussed the delivery of sustainable transport options around one hub around Barry Docks Station as a key travel point for many communities within Barry, particularly when taken in connection with Transport for Wales’ proposals for integrated ticketing for buses and trains and link to active travel options. 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 Stage Three WelTAG study setting out the full Business Case for the Barry Docks Interchange scheme be agreed. (2) T H A T authority be granted to the Head of Neighbourhood Services and Transport to progress the preferred Option 2 of the WelTAG Stage 3 Report. (3) T H A T authority be given to the Head of Neighbourhood Services and Transport, in consultation with the Deputy Leader and Cabinet Member for Sustainable Places and the Council’s Head of Finance/Section 151 Officer, to tender Phase 1 of preferred Option 2. (4) T H A T delegated authority be granted to the Head of Neighbourhood Services and Transport, in consultation with the Head of Finance / Section 151 Officer and the Deputy Leader and Cabinet Member for Sustainable Places, to make a contract award for Phase 1 of the Scheme to the most advantageous bidder subject to appropriate funding and other approvals being in place. (5) T H A T delegated authority be given to the Monitoring Officer/Head of Legal and Democratic Services to negotiate contract terms, to complete contract arrangements and execute the associated contract documentation with the preferred contractor emerging from the tender process. (6) T H A T delegated authority be given to the Head of Finance/Section 151 Officer to amend the Capital Programme to reflect the external funding for the scheme once funding award letters have been received from the Cardiff City Region and Merthyr Council acting as the lead authority for the Metro Plus programme (LTF). (7) T H A T delegated authority be granted to the Head of Neighbourhood Services and Transport, in consultation with the Deputy Leader and Cabinet Member for Sustainable Places, the Head of Neighbourhood Services and Transport, Monitoring Officer/Head of Legal and Democratic Services and the Head of Finance/Section 151 Officer. to enter into an appropriate contract with an Electric Vehicle services provider in relation to any charging infrastructure provided within the Barry Docks Interchange scheme. Cabinet 2022 Reasons for decisions (1) The Welsh Government’s Guidance on funding new transport schemes was set out in the WelTAG Guidance 2017. The Guidance required new schemes to have a valid Business Case in place before funding was agreed for scheme delivery. (2) In order that the preferred scheme be identified and agreed. (3) To provide authority to the Phase 1 tender process. (4) To authorise the contract award decision given the nature of the external funding deadlines (5) To provide delegated authority for the Head of Legal to complete the contract arrangements. (6) To allow the Capital Programme to be updated to facilitate expenditure on the scheme. (7) To allow for the co-ordination of an EV supplier as part of the scheme. Cardiff City Region had been progressing charging points for taxi services across the region and a contracted supplier was in place in respect of those locations. Integration of service providers appeared to be a sensible opportunity but authority to enter into appropriate contracts was required. C25 CONSULTATION ON THE PROPOSAL TO TRANSFER SPECIALIST RESOURCE BASE AT LLANDOUGH PRIMARY TO YSGOL Y DDRAIG (EAWL) (SCRUTINY – LEARNING AND CULTURE) – The report sought Cabinet approval to consult on the proposal to permanently relocate the Specialist Resource Base (SRB) at Llandough Primary School to Ysgol Y Ddraig from January 2023. The proposal was presented under section 2.3 of the School Organisation Code (2018). Section 2.3 of the School Organisation Code referred to Regulated Alterations of a school, and if accepted by Cabinet, would be subject to the relevant statutory consultation as set out in the body of the report. The current SRB provision at Llandough Primary School moved to Ysgol Y Ddraig on a temporary basis during the COVID-19 pandemic to ensure social distancing and a safe learning environment could be maintained. The Council investigated the options available to deliver the provision from an alternative school site which had the space that would allow social distancing, good ventilation, and safe use of pupil toilets. That space was found at Ysgol Y Ddraig primary in the west of the Vale of Glamorgan. The agreed arrangement was temporary and reviewed regularly, with a view that the base would return to Llandough Primary School when COVID restrictions eased. Cabinet 2022 Local authority officers from Building Services had surveyed the accommodation at Llandough and concluded that extensive re-modelling of the ground floor section of the school would be required in order to provide a functional space for the provision going forward. In addition, because of the limitations of the site, any remodelling would not create the same standard of environment as could be offered at Ysgol y Ddraig which was a newly built facility with all the benefits of a 21st Century school. Councillor Williams was interested to see the outcome of the consultation and looked forward to the discussion at Scrutiny. 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 Learning and Skills be authorised to undertake a consultation on the proposal to transfer the Specialist Resource Base (SRB) at Llandough Primary to Ysgol Y Ddraig from January 2023. (2) T H A T the report be referred to the Learning and Culture Scrutiny Committee for consideration as part of the proposed consultation exercise. Reasons for decisions (1) To seek Cabinet authority to carry out a statutory consultation in compliance with the requirements of the School Standards and Organisation (Wales) Act 2013 and the School Organisation Code 2018 on the proposal to transfer the Specialist Resource Base (SRB) at Llandough Primary to Ysgol Y Ddraig from January 2023. (2) To ensure that the Learning and Culture Scrutiny Committee be consulted on the proposals. C26 TEMPORARY HIGHWAY TRADING LICENCES (NBS) (SCRUTINY – ENVIRONMENT AND REGENERATION) – The Council had a detailed policy in place for issuing temporary trading licences for businesses wishing to trade on the public highway. Most highway trading licences were requested for space on public footways and there were no current issues with the arrangements for these licences. Temporary highway trading licences were also issued for Parklets. Parklets were small purpose- built external trading units purchased to assist businesses in Penarth as a pilot project during the pandemic but placed in the live carriageway. The success or otherwise of these was currently being assessed and would be the subject of a future report to Cabinet later in the financial year. Cabinet 2022 The report considered the long term trading options and associated public realm issues relating to Penarth Esplanade area and the implications of this on the 3 businesses which were currently required to remove their outside trading arrangements from the highway at this location on 30th June, 2022 and the knock on effect of this to 1 business at Barry Island, similarly affected. Significant public realm work had been undertaken on Penarth Esplanade, the Pier and Pier Pavilion since 2021, and it was important that all decisions relating to the current and future operation of land the Council controlled at this location were carefully considered, in order to ensure that the full public value of the work already undertaken was obtained and that the area continued to thrive as a visitor destination and an attractive place to live. The businesses currently benefitting from the trading licences ‘on carriageway’ at the Esplanade and at Barry Island had all indicated their wish to have new licences. All had previously been issued with notice that their licences would end on 30th June, 2022. There had been significant public interest in the matter of the Esplanade trading licences with widely contrasting views as to whether the al fresco trading arrangements were successful or an annoyance. Due to the importance of the area and the Council’s wish for its continued development as a high-quality visitor attraction and residential location, it was proposed that a comprehensive engagement and public consultation exercise be undertaken, following the consideration of the report to establish views from all interested parties as to the longer term public realm, trading and associated transportation arrangements. It was further recommended that during the consultation period, the existing trading arrangements at the Esplanade and Barry Island be allowed to continue under temporary licence, with certain caveats, and on a month by month basis. Due to the time restrictions between the report and the expiry date of the current trading licences of 30th June, 2022, use of the ‘urgency procedure’ was requested in relation to the trading situation. The Cabinet Member stressed that the consultation would look to cover the viewpoints from local residents, businesses, and visitors to the area. Councillor Sivagnanam said that the Council wanted to be collaborative and talk to all stakeholders concerned as part of the consultation. The newly formed Penarth Living Streets Group had recently held lectures that discussed the concept of what people felt Penarth should look like and the consultation would draw on similar discussions. The Council had been keen to support business during Covid so that they were able to continue to function and changes were made to the public space on the Esplanade and Penarth Town Centre using emergency powers as a result of the pandemic but without consultation at the time. It was now time for the Council to consult on how those areas would look going forward. She encouraged all interested parties to take part in the consultation, once launched, to engage and give a view or contact local ward Members. Cabinet 2022 Councillor Wilson said that the Council had an open mind about the outcome of the consultation and would listen to the people of Penarth, local business and visitors to the area. He also asked to include an additional Recommendation to include local Members, and indeed all Members, in the consultation, or to engage with the consultation as part of Scrutiny Committee, which was agreed. The Leader added that any members of the public who wished to register to speak at Environment and Regeneration Scrutiny Committee and have their opinions recorded would be welcome to do so. She advised she had received emails on the issue already but felt it was not as simple as a binary choice and that a comprehensive consultation would enable a solution that was right for the town. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein and including additional Resolution (9) RESOLVED – (1) T H A T the current position with highway trading licences in place at Penarth Esplanade and Barry Island be noted. (2) T H A T the intention be endorsed for the Director of Environment and Housing using his delegated powers, in consultation with the Monitoring Officer/Head of Legal and Democratic Services, to offer new highway trading licences, on similar terms and conditions to those issued previously, to the following businesses: Casa de Magaritas, Sundowners Champagne Bar, Beachcliff Fish and Chips and Bar, Enzo (Barry Island) in advance of the expiry of the current licenses on 30 th June, 2022. (3) T H A T in pursuance of Resolution (2), it be agreed that the temporary licences above be issued on a month by month basis from 1st July, 2022 and pending the conclusion of consultation and engagement as referenced in Resolution (5). (4) T H A T the Director of Environment and Housing be able to determine the quality and design of all street furniture used in the licenced spaces during the temporary licence period for these four businesses. (5) T H A T delegated authority be granted to the Director of Environment and Housing, in consultation with the Chief Executive, Director of Place, the Leader, and Cabinet Members for Sustainable Places, Neighbourhood and Building Services and Community Engagement, Equalities and Regulatory Services, to determine the details of, and to undertake public consultation on, the longer-term public realm, transport and trading options for the Penarth Esplanade area, the details of which followed the outline as set out in paragraph 2.16 of the report. (6) T H A T a further report be presented to Cabinet for consideration on conclusion of the public engagement and consultation exercise no later than the end of April 2023. Cabinet 2022 (7) T H A T the report be referred to Environment and Regeneration Scrutiny Committee in order for the views of that Committee to be considered as part of the engagement and consultation exercise. (8) T H A T the use of the urgent decision procedure as set out in section 15.14 of the Council’s constitution be exercised in connection with Resolutions (2)-(4) above. (9) T H A T the consultation exercise include local Members and any other Members of that Council who wished to participate. Reasons for decisions (1) To update Cabinet on the current position. (2) To enable the current businesses to continue to operate, and in a suitably controlled manner, whilst the public engagement and consultation arrangement take place. (3) To allow suitable time for conclusion of the public consultation exercise without further recourse to Cabinet on the matter of these particular licences. (4) To ensure that the operation or appearance of these licenced areas can be properly managed and that any issues can be quickly resolved. (5) To permit commencement of a comprehensive public engagement and consultation exercise with input from the relevant officers and elected members as to the specific nature of that exercise. (6) To allow Cabinet to take decisions on the future of the Esplanade area with the benefit of the views of all interested parties. (7) For the views of Environment and Regeneration Scrutiny Committee to be considered. (8) To allow the new licences to be offered and regulated from 1st July, 2022. (9) For the views of all Members to be gathered as part of the consultation exercise, either directly or via Scrutiny Committee. C27 MATTER WHICH THE CHAIR HAD DECIDED WAS URGENT – RESOLVED – T H A T the following matter which the Chair had decided was urgent for the reason given beneath the minute heading be considered. Cabinet 2022 C28 THE LEVELLING UP FUND (ROUND 2) AND UK SHARED PROSPERITY FUND (DL/SP) (SCRUTINY – ENVIRONMENT AND REGENERATION) – (Matter which the Chair had decided was urgent by reason of the need for Cabinet to consider the current proposals for the Levelling Up Fund (Round 2) and UK Shared Prosperity Fund prior to the submission deadlines of 6th July, 2022 and 1st August, 2022, respectively.) The Leader advised there would also be a Part II report later on the agenda that would consider the confidential commercial and economic aspects of the matter. The content of the Cabinet report was time sensitive due to the submission deadlines for the Levelling Up Fund (Round 2) bid and the Investment Plan for the UK Shared Prosperity Fund funding allocation. Since the last Cabinet report (14th March, 2022) UK Government had published guidance for both funding streams and updated the Index of Priority Places for the Levelling Up Fund (Round 2). The Vale of Glamorgan local authority area was now a category 1 area (having previously been a category 2 area). Category 1 represented the highest level of identified need and was one of four bid assessment criteria. Since the publication of guidance for the Levelling Up Fund (Round 2) bidding process and the UK Shared Prosperity Fund, officers had been working at pace with consultants (Rothwell) and with relevant landowners and partner organisations to develop proposals for consideration by the funding body. Cabinet was asked to endorse the emerging Levelling Up Fund (Round 2) bid and Investment Plan linked to the UK Shared Prosperity Fund funding allocation, outlined in Section 2 of the report (and the delivery thereof) subject to legislative provisions, statutory consents and funding. Cabinet was also asked to grant delegated authority for the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to take necessary actions to meet the submission deadlines. Future reports would be brought before Cabinet for consideration as appropriate. With regard to the Levelling Up Fund, the Leader said that the selected projects had been specifically chosen for their fit with the UK Government criteria, but also with the Council’s overall aims for the regeneration of Barry, with the proposals put forward discussed from paragraph 2.10 to 2.15 of the report. The Head of Finance/Section 151 Officer said that the report had been put together within challenging timescales to perform the necessary due diligence. Officers from Finance had worked closely with other Council departments and external advisers to address financial risk, and due diligence would continue as the process progressed to ensure the financial case continued to be monitored during challenging economic circumstances. Cabinet 2022 The Director of Place referred to the local Investment Plan as part of the Shared Prosperity Fund which would be submitted to Rhondda Cynon Taf County Borough Council as the regional partner with responsibility for the fund. The Leader also said that the Shared Prosperity fund was Vale of Glamorgan-wide whereas the Levelling Up fund was focussed on Barry regeneration. 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 emerging Levelling Up Fund (Round 2) bid and Investment Plan linked to the UK Shared Prosperity Fund funding allocation be noted and endorsed, subject to the appropriate legislative provisions, statutory consents and funding. (2) T H A T the Director of Place be confirmed as the Senior Responsible Owner for the Levelling Up Fund (Round 2) bid. (3) T H A T delegated authority be granted to the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to submit a grant application and associated funding packages, including contributions from sources identified for regeneration purposes in paragraphs 4.2 - 4.4 (inclusive) of this report, for the Levelling Up Fund (Round 2) bid on behalf of the Vale of Glamorgan Council. (4) T H A T delegated authority be granted to the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to negotiate and agree terms with relevant landowners and partner organisations pursuant to the development and submission of the Levelling Up Fund (Round 2) bid. (5) T H A T the response by the UK Government to the Levelling Up Fund (Round 2) bid be reported back to Cabinet in due course together with more detailed budget management and governance arrangements relating to the delivery of any successful bid. (6) T H A T delegated authority be granted to the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to submit and take all necessary actions to finalise a regional (South East Wales) Investment Plan linked to the UK Shared Prosperity Fund funding allocation on behalf of the Vale of Glamorgan Council. Cabinet 2022 (7) T H A T the finalised regional Investment Plan linked to the UK Shared Prosperity Fund funding allocation be reported back to Cabinet in due course together with more detailed budget management and governance arrangements relating to the local delivery of the Investment Plan. (8) T H A T delegated authority be granted to the Director of Place (in consultation with the Executive Leader and Cabinet Member for Performance and Resources, Chief Executive, Head of Finance/Section 151 Officer and Monitoring Officer/Head of Legal and Democratic Services) to undertake all necessary actions to agree the terms of the Service Level Agreement for the UK Shared Prosperity Fund funding allocation. (9) T H A T delegated authority be granted to the Monitoring Officer/Head of Legal and Democratic Services to prepare, complete and execute the Service Level Agreement for the UK Shared Prosperity Fund funding allocation. (10) T H A T the use of paragraph 15.14.2(ii) of the Council’s Constitution (urgent decision procedure) be authorised in respect of the above recommendations. Reasons for decisions (1) To apprise Cabinet of the current position and to obtain endorsement from Cabinet for the emerging Levelling Up Fund (Round 2) bid and Investment Plan linked to the UK Shared Prosperity Fund funding allocation and the delivery thereof subject to legislative provisions, statutory consents and funding. (2) To meet an eligibility requirement for the bid. (3) To obtain authority to submit a bid for the Levelling Up Fund (Round 2) in line with the submission deadline of 6th July, 2022. (4) To obtain authority to negotiate and agree terms with relevant landowners and partner organisations pursuant to the development and submission of the Levelling Up Fund (Round 2) bid. (5) To report back to Cabinet on the success or failure of the Levelling Up Fund (Round 2) bid and any advice received from the funding body. (6) To obtain authority to submit and finalise an Investment Plan linked to the UK Shared Prosperity Fund funding allocation in line with the submission deadline of 1st August, 2022. (7) To report back to Cabinet on the development of the Investment Plan linked to the UK Shared Prosperity Fund funding allocation and any advice received from the lead authority and funding body. (8) To obtain authority to agree the terms of the Service Level Agreement for the UK Shared Prosperity Fund funding allocation. Cabinet 2022 (9) To obtain authority to prepare, complete and execute the Service Level Agreement for the UK Shared Prosperity Fund funding allocation. (10) In recognition of the submission deadlines. C29 EXCLUSION OF PRESS AND PUBLIC – RESOLVED – T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading. C30 THE LEVELLING UP FUND (ROUND 2) AND UK SHARED PROSPERITY FUND (DL/SP) (EXEMPT INFORMATION – PARAGRAPHS 14 AND 16) (SCRUTINY – ENVIRONMENT AND REGENERATION) – (Matter which the Chair had decided was urgent by reason of the need for Cabinet to consider the current proposals for the Levelling Up Fund (Round 2) and UK Shared Prosperity Fund prior to the submission deadlines of 6th July, 2022 and 1st August, 2022, respectively.) The content of the Cabinet report was time sensitive due to the submission deadlines for the Levelling Up Fund (Round 2) bid and the Investment Plan for the UK Shared Prosperity Fund funding allocation. The report set out the initial advice provided by the external law firm DWF (Appendix 1) and the matters which would need to be progressed in relation to the subsidy control element of the bid subject to the bid being compliant and as the bid component projects progressed. The report also set out the matters which the Council’s Head of Finance / Section 151 Officer would need to give consideration to and provide a declaration on. The Operational Manager, Legal Services said that should the bid be successful after the first stage, the next step would be to finalise the relevant work for satisfaction of the Subsidy Control Principles. The Chief Executive said that most Councils involved in the submission of Levelling Up bids would be going through similar deliberations. There would be opportunities to explore feasibility and legal options as the matter progressed. He also thanked Officers for the huge amount of work that had gone into the preparation of the reports for Cabinet to consider concerning the legalities and finance matters. This was a matter for Executive decision. Cabinet, having considered the report and all the issues and implications contained therein Cabinet 2022 RESOLVED – T H A T the initial subsidy control advice and the matters to be progressed be noted. Reason for decision To appraise Cabinet of the initial subsidy control advice and the matters to be addressed. Cabinet 2022
RESOLVED – (1) T H A T dispensations as set out in the schedule below be granted up to the date of the next Local Government Elections: Member Requesting Paragraph(s) of the Decision Dispensation Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 Under Which Dispensation is Granted and as applied for Councillor J. Aviet (a), (c), (d), (e) and (f) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping programme when being discussed at both Vale of Glamorgan and Barry Town Council meetings Minutes - KB Councillor B. Brooks (a), (c) and (d) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping programme when being discussed at both Vale of Glamorgan and Barry Town and Council meetings. Councillor J.E. Charles (a), (c) and (d) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan’s re-shaping programme at both Vale of Glamorgan Council and Barry Town Council meetings. Councillor P. Drake (a), (c) and (d) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping programme when being discussed at both Vale of Glamorgan and Barry Town Council meetings. Councillor E.J. Goodjohn (a), (c) and (d) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping programme when being discussed at both Vale of Glamorgan and Barry Town Council meetings. Councillor E. Goodjohn (a), (c) and (d) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping programme when being discussed at both Vale of Glamorgan and Barry Town Council meetings. Councillor H.C. Hamilton (d), (e) and (f) Dispensation granted to speak and vote on matters relating to the review of Councils employment employee terms and conditions in view of family members being employed by the authority. Minutes - KB Councillor S.M. Hanks (c) and (d) Dispensation to speak and vote on the Vale of Glamorgan Council’s Local Development Plan and Re- shaping Services Programme when being discussed at both Vale of Glamorgan and Llantwit Major Town Council meetings Councillor W.A. Hennessy (a), (c), (d), (e) and (f) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping programme when being discussed at both Vale of Glamorgan and Barry Town Council meetings. Councillor C. Iannucci (a), (c) and (d) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping programme when being discussed at both Vale of Glamorgan and Barry Town meetings. Councillor G. John (d) and (f) Dispensation granted to speak and vote where issues are raised in respect of sports fees and charges at both Vale of Glamorgan and Llantwit Major Town Council meetings. Councillor G. John (d), (e) and (f) Dispensation granted to speak and vote where issues are raised in respect of the Vale of Glamorgan Council’s Re-shaping Services and Corporate Plan at both Vale of Glamorgan Council and Llantwit Major Town Council meetings. Ms. R. Morteo (d), (e) and (f) Dispensation granted to speak and vote when matters relating to Church in Wales Primary Schools at all meetings of the Council are being discussed. Minutes - KB Councillor S.M. Perkes (a), (c) and (d) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan Council’s re- shaping services programme when being discussed at both Vale of Glamorgan and Barry Town Council meetings as appropriate. Councillor N.C. Thomas (d), (e), (f), (g) and (i) Dispensation granted to speak and vote when matters relating to Evenlode School are being discussed at Vale of Glamorgan Council meetings. Councillor N.C. Thomas (d), (f), (g) and (i) Dispensation granted to speak and vote at Council meetings of Penarth Town and the Vale of Glamorgan Council when matters relating to the Vale of Glamorgan’s re- shaping programme are to be discussed. Councillor M.R. Wilkinson (d), (e) and (f) Dispensation granted to speak and vote on matters relating to the review of Councils employment employee terms and conditions in view of family members being employed by the authority. Councillor M.R. Wilkinson (c) and (d) Dispensation granted to speak and vote on matters at both Vale of Glamorgan and Barry Town Council meetings relating to the Vale of Glamorgan Council’s re- shaping services programme and the Local Development Plan when matters are to be discussed at Council meetings. Councillor M.R. Wilkinson (d), (e), (f) and (i) Dispensation granted to speak and vote on matters at Vale of Glamorgan Council and Barry Town Council meetings where issues are raised (including budgets) relating to Gwenfo, Cadoxton Minutes - KB primary schools and St. Richard Gwyn High School. Councillor E. Williams (e) and (f) Dispensation granted to speak and vote where issues are raised in respect of the Vale of Glamorgan Council’s Re-shaping Services and at both Vale of Glamorgan Council and Llantwit Major Town Council meetings. (2) T H A T the following late applications relating to Reshaping services as set out in the schedule below be granted up to the date of the next Local Government Elections: Member Requesting Paragraph(s) of the Decision Dispensation Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 Under Which Dispensation is Granted Councillor L. Burnett (d), (e), (f) and (g) Dispensation granted to speak, vote and remain in meetings where issues (including budgets) are considered in respect of Oakfield Primary School. Councillor C.A. Cave (d), (e), (f) and (i) Dispensation granted to speak and vote in meetings where issues are raised in relation to matters (including budgets) concerning Ysgol Gymraeg Bro Morgannwg Councillor A.M. Collins (a), (c), (d), (f) and (g) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan’s re-shaping programme at both Vale of Glamorgan Council and Barry Town Council meetings Councillor A.M. Collins (d), (e), (f) and (g) Dispensation granted to speak and vote on matters relating to Ysgol Gwaun y Nant and Ysgol Gymraeg Bro Morgannwg at Vale of Glamorgan Council meetings. Minutes - KB Councillor Dr. I.J. Johnson (a), (c), (d) and (f) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan’s re-shaping programme at both Vale of Glamorgan Council and Barry Town Council meetings Councillor H.M. Payne (a), (c) and (d) Dispensation granted to speak and vote on topics connected with the Vale of Glamorgan’s re-shaping programme at both Vale of Glamorgan Council and Barry Town Council meetings Councillor M.R. Wilson (d), (g), (g), (i) Dispensation granted to speak and vote at both Vale of Glamorgan Council and Penarth Town Council meetings when matters relating to re-shaping are to be considered. (3) T H A T the use of the Monitoring Officer’s delegated powers in consultation with the Chairman of the Standards Committee with regard to Councillor Burnett’s dispensation application at Appendix 2 to the report be noted. (4) T H A T a Special meeting of the Standards Committee be arranged prior to the August recess to consider the late applications (save for the late reshaping applications that had been received as referred to in Resolution 2 above) for dispensation that had been received after the despatch of the agenda for the meeting on 23rd June, 2022. (5) T H A T all Vale of Glamorgan Councillors and Clerks to Town and Community Council’s be informed that should any further applications for dispensation be required to be considered at the Special Standards Committee meeting, to be arranged prior to the recess, all applications must be received prior to the despatch of the agenda. Reasons for decision (1&2) To comply with the regulations and obligations for the grant of dispensations to speak and vote. (3) Having regard to the use of delegated powers under the Council’s Constitution. (4&5) Having regard to the volume of applications that had been received following the despatch of the agenda and to consider any further applications prior to agenda despatch. Minutes - KB
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken. 2018/01408/FUL Received on 21 January 2020 (P. 52) APPLICANT: Hafod Housing, C/o Agent AGENT: Mr Steffan Harries, LRM Planning, 22, Cathedral Road, Cardiff, CF11 9LJ Former Cowbridge Comprehensive School, Aberthin Road, Cowbridge Proposed demolition of existing school, development of 34 dwellings (30 flats and four houses) and associated works including the construction of bespoke bat roost, access/parking and landscaping APPROVED – Subject to the conditions as contained within the report and with amended and additional informatives as below: Amended informative: The applicant is required to contact Highway Maintenance team networkmanagement@valeofglamorgan.gov.uk prior to carrying out any works on site adjacent to the adopted highway to agree location, specifications and for permission to work within the highway. All associated costs of undertaking the works will be at the applicant’s own expense to ensure all works on the adjacent highway will be undertaken in accordance with the Council’s standard details for adoption and in the interests of highway safety. The developer must enter into a Section 278/S38 Agreement with the Highway Authority before undertaking works along the adjacent highway. Additional Informative: The applicant shall note that a minimum of 12 weeks’ notice is required to implement Temporary or Permanent Traffic Regulatory Orders should the closure or other Order be agreed. Requests for any such Orders must be submitted in writing to Operational Manager Highways and Engineering, Alps Depot, Wenvoe, Vale of Glamorgan. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/00622/FUL Received on 18 May 2022 (P. 91) APPLICANT: Kestral Construction and Hafod HA Agent: Mr Liam Griffiths Asbri Planning Ltd., Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS 81-85, Holton Road, Barry Part demolition, extension and conversion of the upper floors of no. 81 – 85 Holton Road to provide 25 no. residential flats, internal and external alterations and associated works. RESOLVED – T H A T, subject to the amended S106 resolution as follows: • The developer pays £54,996 for the provision or enhancement of educational facilities in schools serving the development for Secondary school children. • The developer pays a contribution of £57,500 towards sustainable transport facilities in the vicinity of the site. • The developer provides public art on the site to the value of 1% of the build costs or otherwise pays a contribution to the same value to the Council. • The developer pays a contribution of £66,700 towards providing or enhancing public open space in the vicinity of the site. AND • The units shall only be occupied as affordable housing that meets the definition of affordable housing in Annex B of the Welsh Government Technical Advice Note 2 on Affordable Housing, or any future guidance that replaces it. • The developer pays the legal and implementation/monitoring fees for the S106 agreement. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01123/FUL Received on 28 February 2022 (P. 120) APPLICANT: DS Properties (Good Shed) Ltd c/o Agent AGENT: Gwen Thomas Unit 9, Oak Tree Court, Cardiff Gate Business Park, Cardiff, CF23 8RS Land to the South and West of The Goodsheds, Hood Road, Barry Proposed development of tourist accommodation, employment spaces and associated works on the setting of the listed Pumphouse, impact on residential amenity, parking and highway safety, and drainage. Having regard to these and other material considerations the application is recommended for APPROVAL, subject to conditions. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2021/01242/FUL Received on 23 August 2021 (P. 137) APPLICANT: Mr Paul Booth, Littlemoor Farm, Squire Street, Llysworney, CF71 7NQ AGENT: Mr Alex Veitch, Bourne House, Cores End Road, Bourne End, SL8 5AR Land adjacent Littlemoor Farm, Squire Street, Llysworney Erection of a detached dwelling; detached garage with first floor accommodation; landscaping; and associated works REFUSED – (1) Having regard to the Council’s duties under Section 72(1) of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990, it is considered that the development would harm the character and appearance of the Llysworney Conservation Area by reason of its size, scale, urbanising effect and the significant disruption of a significant view. It is therefore contrary to Policies SP1 - Delivering the Strategy, criterion 1 of SP10 – Built and Natural Environment, criteria 1, 2 and 10 of MD2 - Design of New Development, criteria 3 and 4 of MD5 – Development within Settlement Boundaries and criterion 1 of MD8 – Historic Environment of the Vale of Glamorgan Adopted Local Development Plan 2011-2026; as well as the advice and guidance contained in Planning Policy Wales (11th ed.) and TAN12 – Design. (2) The proposals would result in the unnecessary loss of a significant number of trees which have biodiversity and habitat value, climate benefits, and contribute positively to local amenity and the character and verdant setting of the Llysworney Conservation Area. The development is therefore contrary to Policies SP1 – Delivering the Strategy, criterion 1 of SP10 – Built and Natural Environment, criteria 10 of MD2 – Design of New Development, criteria 3 and 4 MD5 – Development within Settlement Boundaries and Policy MD9 – Promoting Biodiversity of the Vale of Glamorgan Adopted Local Development Plan 2011-2026; as well as the advice and guidance contained in Planning Policy Wales (11th ed.) and TAN12 – Design. (3) In the absence of a Section 106 agreement, adequate provision for affordable housing has not been secured, contrary to policies MD4 (Community Infrastructure and Planning Obligations) and MG4 (Affordable Housing) of the LDP and the Council’s Affordable Housing SPG. Reason for decision The decision to recommend refusal of planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. It is considered that the decision complies 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. The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. 2022/00046/FUL Received on 20 January 2022 (P. 159) APPLICANT: Nigel Arnold Architect, 5 Penarth Head Lane, Penarth, CF64 1BB AGENT: Nigel Arnold, Nigel Arnold Architect, 5 Penarth Head Lane, Penarth, CF64 1BB 4, Park Road, Penarth Removal of 1950s external concrete stair. Construction of new part internal stair and lift shaft pod. Reinstatement of top floor side window as original. Removal of concrete surrounds to front top floor window and reinstatement with Bathstone surrounds to wider windows. Replacement of rendered flat roof side dormer window with new pitched roof dormer. Construction of top floor rear extension and balcony. APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting. 2022/00155/FUL Received on 14 March 2022 (P. 172) APPLICANT: Darren Evans, 32, Merthyr Dylan Road, Barry, CF62 9TG AGENT: Andrew Skinner, 36, Coychurch Road, Bridgend, CF31 3AP Land off Porthkerry Road, Rhoose Construct 1.8m high feather edged fence and blackthorn hedgerow planting to approximately 50m of boundary to land off Porthkerry Road REFUSED – (1) T H A T, by reason of its siting, design, and the distinctly rural appearance of the landscape, the fence at this prominent plot fronting Porthkerry Road adversely impacts the visual amenity of the countryside and harmfully dilutes the consistent rural and verdant character, which is a key landscape feature of this area. The development is, therefore, contrary to Policies MD1 and MD2 of the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and the advice contained within Technical Advice Note 6 and 12 and Planning Policy Wales 11th Edition. (2) T H A T the Head of Legal Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require: • the removal of the fence and resulting materials from the land or reduction of the fence to a height of not more than 1 metre above ground level. (3) T H A T, in the event of non-compliance with the Notice, authorisation be granted to take such legal proceedings as may be required. Reason for decision The decision to refuse planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026 and Future Wales – the National Plan 2040. The proposed fence has an unacceptable impact on the visual amenity of the countryside and is therefore contrary to Policies MD1 and MD2 of the Local Development Plan. It is considered that the decision complies 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. The appropriate marine policy documents have been considered in the determination of this application in accordance with Section 59 of the Marine and Coastal Access Act 2009. 2022/00401/FUL Received on 28 March 2022 (P. 186) APPLICANT: Mr and Mrs Markos, and Markella Asprou 3 White House, Barry, CF62 6FB AGENT: Mr Tasos, Asprou Studio 2, The Coach House, Stanwell Road, Penarth, CF64 3EU 3, White House, Barry Single and two storey extensions to the front and rear of property to include annex; single storey extension to the side, including material and other alterations. Rear terrace and alterations to front boundary treatments. Internal alterations APPROVED – Subject to the conditions as contained within the report. Reason for decision Having regard to the content of the report and discussions at the meeting.