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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED – (1) T H A T the Annual Report attached at Appendix 1 to the reference from Standards Committee be noted. (2) T H A T the recommendation included in the Annual Report and set out in paragraph 4.3 of the report as below, insofar as it relates to the Vale of Glamorgan Council and its Members, be agreed. “The Standards Committee request that all Members of the Vale of Glamorgan Council and Town and Community Councils be advised to ensure that applications for dispensations are received at least seven clear days before a meeting, and on the appropriate proforma, to enable the applications to be dispatched with the agenda.” (3) T H A T the Standards Committee Annual Report for 2022/2023 be forwarded to the Public Services Ombudsman for Wales and all Town and Community Councils within the Vale of Glamorgan for consideration. July 24 (JR/KB No. Reasons for decisions (1) Having regard to the contents of the report. (2) To enable applications for dispensation to be dispatched with the Standards Committee agenda. (3) For consideration.
RESOLVED – T H A T Councillor I.A.N. Perry be appointed as the nominated Deputy to represent the Council on the Cardiff Capital Region City Deal – Overview and Scrutiny Committee. Reason for decision To appoint a new deputy representative to Cardiff Capital Region City Deal – Joint Overview and Scrutiny Committee
RESOLVED – T H A T the proposed amendments / additions to the Council’s Constitution as set out in paragraphs 2.2 , 2.5, 2.6, 2.7 and 2.9 of the report be approved and that the Council’s Constitution be amended accordingly. Reason for decision To amend the Council’s Constitution to reflect changes previously approved by Council, for clarification purposes and to reflect the advice received from Welsh Government in relation to statutory provisions.
These were received from Councillors A. Asbrey, A.M. Collins, V.P. Driscoll, S.M. Hanks R. Sivagnanam and N.J. Wood.
No declarations of interest were received. July 24 (JR/KB No.
RESOLVED – T H A T the minutes of the meeting held on 24th April, 2023 and the minutes of the Annual Meeting held on 10th May, 2023 be approved as a correct record.
The Mayor advised that since becoming Mayor she had attended 22 varied events, including Civic Ceremonies of Town Mayors and Chair persons across the Vale. She was very impressed by their understanding and care for their own unique areas and their communities, stating that it was these kinds of connections and conversations that would create a more cohesive Vale of Glamorgan. Leader’s Announcement The Leader took the opportunity to congratulate a number of Vale residents who had been recognised in the King’s Birthday Honours, these being: Jane Hutt, MS, Senedd Member for the Vale of Glamorgan, Welsh Government Minister for Social Justice and Chief Whip, who received a CBE in the Honours; Vincent Bailey, a Member of this Council from 2017 to 2022 and Leader of the Conservative Group from 2019 to 2021, received an OBE; Jonathan Cox, Deputy Director of Assistance UK, was also awarded an OBE; Sarah Sharpe, lately a support staff member at the Senedd but previously a Member of this Council for eight years from 2004 to 2012, received an MBE and Michael Wheeler, a dental hygienist and dental workforce lead tutor, was awarded a British Empire Medal. The Leader wished for the Council’s congratulations and thanks for their public service to be recorded. Councillor Carroll wished to add his personal best wishes and those of the Conservative Group to the recipients.
Decision as recorded
RESOLVED – (1) T H A T the Annual Report attached at Appendix 1 to the reference from Standards Committee be noted. (2) T H A T the recommendation included in the Annual Report and set out in paragraph 4.3 of the report as below, insofar as it relates to the Vale of Glamorgan Council and its Members, be agreed. “The Standards Committee request that all Members of the Vale of Glamorgan Council and Town and Community Councils be advised to ensure that applications for dispensations are received at least seven clear days before a meeting, and on the appropriate proforma, to enable the applications to be dispatched with the agenda.” (3) T H A T the Standards Committee Annual Report for 2022/2023 be forwarded to the Public Services Ombudsman for Wales and all Town and Community Councils within the Vale of Glamorgan for consideration. July 24 (JR/KB No. Reasons for decisions (1) Having regard to the contents of the report. (2) To enable applications for dispensation to be dispatched with the Standards Committee agenda. (3) For consideration.
The reference from Standards Committee of 8th June, 2023 as contained within the agenda was presented by Councillor Birch, Cabinet Member for Education, Arts and the Welsh Language, who advised that this was a reference from Standards Committee, attaching the Committee’s Annual Report 2022/2023 for Council’s consideration. Councillor Birch referring to the matter indicated that it was a comprehensive Annual Report providing an overview of the following: • The terms of reference of the Committee, its structure and membership; • The number of occasions that the Standards Committee had met during 2022/2023 and the nature of work undertaken by the Committee including July 24 (JR/KB No. details of the Monitoring Officer’s meetings with Clerks of Town and Community Councils; • The Annual Report highlighted the establishment of the All-Wales Standards Committee Forum, referring to the Forum’s inaugural meeting in January 2023; • Of particular note the Annual Report referred to the statutory duty introduced in May 2022 in respect of the Political Group Leaders’ duty and their interface with the Standards Committee, together with the work undertaken by the Standards Committee and Political Group Leaders in adhering to the statutory duty; with the Standards Committee recording within the Annual Report that the Committee was satisfied that the Political Group Leaders had met their statutory duty; • The Annual Report also made reference to the meetings attended by the Independent elected members with the Chair of the Standards Committee, however the Standards Committee had recorded within the Annual Report that one Independent elected member did not attend an arranged meeting; • The Annual Report noted that no complaints had been considered by the Committee during the year, and indeed no concluded investigation reports had been received from the Public Services Ombudsman for Wales during 2022/2023; • Finally, it was noted that the Annual Report contained a recommendation from the Standards Committee that applications for dispensation were received at least seven clear days before a meeting of the Standards Committee, submitted on the proforma provided to assist Members, to enable the applications to be dispatched with the agenda. In conclusion, she indicated that since the Annual Report had been considered by the Standards Committee, Statutory and Non-Statutory Guidance had been issued by Welsh Government suggesting that the Annual Report be shared with the Public Services Ombudsman for Wales and local Town and Community Councils. RESOLVED – (1) T H A T the Annual Report attached at Appendix 1 to the reference from Standards Committee be noted. (2) T H A T the recommendation included in the Annual Report and set out in paragraph 4.3 of the report as below, insofar as it relates to the Vale of Glamorgan Council and its Members, be agreed. “The Standards Committee request that all Members of the Vale of Glamorgan Council and Town and Community Councils be advised to ensure that applications for dispensations are received at least seven clear days before a meeting, and on the appropriate proforma, to enable the applications to be dispatched with the agenda.” (3) T H A T the Standards Committee Annual Report for 2022/2023 be forwarded to the Public Services Ombudsman for Wales and all Town and Community Councils within the Vale of Glamorgan for consideration. July 24 (JR/KB No. Reasons for decisions (1) Having regard to the contents of the report. (2) To enable applications for dispensation to be dispatched with the Standards Committee agenda. (3) For consideration.
Decision as recorded
RESOLVED – T H A T Councillor I.A.N. Perry be appointed as the nominated Deputy to represent the Council on the Cardiff Capital Region City Deal – Overview and Scrutiny Committee. Reason for decision To appoint a new deputy representative to Cardiff Capital Region City Deal – Joint Overview and Scrutiny Committee
The reference from Environment and Regeneration Scrutiny Committee of 20th June, 2023 as contained within the agenda was presented by Councillor Perkes, Chair of Environment and Regeneration Scrutiny Committee, who moved that Councillor I.A.N. Perry be ratified as the nominated deputy to represent the Council on the Cardiff Capital Region City Deal – Overview and Scrutiny Committee, which was seconded by the Leader. RESOLVED – T H A T Councillor I.A.N. Perry be appointed as the nominated Deputy to represent the Council on the Cardiff Capital Region City Deal – Overview and Scrutiny Committee. Reason for decision To appoint a new deputy representative to Cardiff Capital Region City Deal – Joint Overview and Scrutiny Committee
Decision as recorded
RESOLVED – T H A T the proposed amendments / additions to the Council’s Constitution as set out in paragraphs 2.2 , 2.5, 2.6, 2.7 and 2.9 of the report be approved and that the Council’s Constitution be amended accordingly. Reason for decision To amend the Council’s Constitution to reflect changes previously approved by Council, for clarification purposes and to reflect the advice received from Welsh Government in relation to statutory provisions.
The report sought Council approval to amend the current provisions as set out in Section 4, (paragraph 4.6.16) and Section 14 (paragraph 14.11) of the Council’s Constitution following the receipt of legal advice from Welsh Government correcting previous advice in relation to Section 92 of the Local Government and Elections (Wales) Act 2021 in regard to who should determine when a Panel Performance Assessment should take place. Approval was also sought to make further consequential changes, as outlined in paragraphs 2.5 and 2.6 of the report, to the Council’s Constitution to reflect changes required as a result of the relevant provisions in the Local Government and Elections (Wales) Act which came into force on 8th May, 2022. Council approval was sought to amend Section 18, paragraph 18.15.2 (c) to include reference to £300,000 to be in line with the Chief Officers delegation at page 321 of section 26 All Directors or Service Heads paragraph 1. July 24 (JR/KB No. Approval to include the Council’s agreed threshold for gifts and hospitality for inclusion within the Council’s Constitution as set out below was also sought: • For gifts, material benefits or advantages the threshold is £25 or totalling £100 over a year from a single source. • For hospitality the threshold is £25 or totalling £100 over a year from a single source. The report proposed changes to the Council’s Constitution so that: • Cabinet was authorised to determine when a Panel Performance Assessment occurred; • The local choice functions specified in paragraphs 2.5 and 2.6 of the report were identified as Council functions; • A paragraph be added into the Contract Procedure Rules to mirror a paragraph in the Council’s Procurement Code of Practice to add clarity; and • The Council’s Members’ Code of Conduct refer to the threshold for registration of gifts and hospitality as recently agreed by Corporate Performance and Resources Scrutiny Committee and Cabinet. RESOLVED – T H A T the proposed amendments / additions to the Council’s Constitution as set out in paragraphs 2.2 , 2.5, 2.6, 2.7 and 2.9 of the report be approved and that the Council’s Constitution be amended accordingly. Reason for decision To amend the Council’s Constitution to reflect changes previously approved by Council, for clarification purposes and to reflect the advice received from Welsh Government in relation to statutory provisions.
The following questions were submitted and replied to as shown, in accordance with the protocol agreed by Council on 5th May, 2010. (i) Question from Miss. M. Ellis Could someone please explain why Trevor Baker created a catering company, (The Big Fresh) which Rhiannon Birch also sits on as a Director, and this catering company supplies all schools in the Vale, yet it has an £8 million pension deficit according to its accounts? The Headteachers at some of the schools, and Pencoedtre High School's Chair of Governors, are also Directors of this company, which is clearly a conflict of interest on all fronts! Reply from the Cabinet Member for Community Engagement, Equalities and Regulatory Services Thank you Mayor and thank you Miss. Ellis for the opportunity to provide information July 24 (JR/KB No. in relation to the establishment of The Big Fresh Catering Company and its many achievements. The establishment of the Big Fresh Catering Company was the outcome of the Council’s Reshaping Services programme which began in 2015. Officers and Members from across the Council were involved in its development, with all decisions regarding the formation of the company, its governance, the role of directors and the constitution of the Board a matter for Cabinet, with delegated authority to Learning and Skills in regard to the Service Level Agreement between both parties in delivering statutory requirements for education. Its development and delivery actually spanned three Council Administrations during which, to my knowledge, it was reported to Cabinet in 2017, 2018 and 2019 and to Learning and Culture Scrutiny Committee in 2018. Those reports are available if requested. It is a Local Authority Trading Company which operates independently of the Council. A key component of this model is the establishment of a Board of Directors responsible for the strategic operations of the Company. The inclusion of Headteachers representing schools across the Vale on this Board is a key principle of the Company’s primary aim in supporting the provision of school meals and working co-operatively. No Headteachers, Council Officers or Members receive any renumeration for their involvement in the Company, and all Director appointments are carefully considered and determined by the Council. Big Fresh Catering Company employs over 230 staff and will therefore have some responsibility regarding pension liability, although I do have to say I don’t recognise the figures quoted in the question. The Company is regularly audited both by the Council and externally and is currently operating with a surplus. The benefits of this model to our pupils is significant. Not only has the establishment of Big Fresh Catering significantly contributed to the Council’s savings targets, it has also been responsible for supporting community groups and enabling provision such as the Penarth Pier Pavilion via its commercially traded services, without which the Pavilion could well have remained closed and boarded up following the failure of the previous operator mid-pandemic. All surpluses generated by the Company are reinvested into our schools. In another ground-breaking achievement the Company has been the first in Wales to deliver free school meals to all primary aged pupils in the Vale of Glamorgan, on behalf of the Local Authority. I hope that you will be able to join me in celebrating a talented and innovative team that has developed a social enterprise that is visited by many other Councils to hear about their work and successes. July 24 (JR/KB No. (ii) Question from Mr. D. Clarke Does the Leader agree that the cancellation by PEDW of the Public Inquiry into the Appeal by the Incinerator on Barry Docks relating to the Enforcement Notice issued by the Vale of Glamorgan Council without any new date being fixed is unacceptable? Will the Vale of Glamorgan Council advise PEDW that it agrees that the present situation of apparent inactivity needs to be addressed and a date for the public inquiry needs to be fixed as soon as possible and/or a clear reason given for the apparent inactivity? Reply from the Executive Leader and Cabinet Member for Performance and Resources PEDW have advised that the Inquiry had to be postponed in order for full consideration to be given to the proposed changes to the Notice, that were considered by the Council’s Planning Committee in April this year. While it is important that clarity is given as soon as possible by PEDW in relation to re- scheduling of the Inquiry, it is also important that any procedural matters are resolved to ensure efficient running of the Inquiry. (iii) Question from Mr. D. Clarke Does the Vale of Glamorgan Council agree with the Climate Change Minister, as set out in her letter of 29 July 2021, that the outline planning application 2015/00031/OUT was for a Schedule 1 project and therefore would have required EIA. If the Council disagrees with the CCM decision please let the public know why? Reply from the Executive Leader and Cabinet Member for Performance and Resources There is a complex history to screening directions associated with previous planning applications, at which time Welsh Government screened the proposals as not being EIA development. Whether the previous proposals were EIA development is not fundamental to the merits of the current development or the ongoing appeal. Determining whether the 2015 application was Schedule 1 development would be irrelevant and serve no purpose given the ongoing appeal process. (iv) Question from Mr. M. Wallis With the delay in issuing the new Flood Map for Wales and TAN15, will the Council take steps to notify NRW of the two obvious deficiencies in the new Map over flooding from the sea, at Aberthaw where the sea frequently overtops the seawall, and on Barry no.2 Dock where recent assessments for the Coalhoist and nearby Incinerator sites have both set the flood-risk level at about 8.9metres AOD, similar to the Waterfront site? It’s the Council’s direct responsibility as lead Flood Management Authority, as well as its planning responsibility re. TAN 15. July 24 (JR/KB No. Reply from the Deputy Leader and Cabinet Member for Sustainable Places If our officers note any possible deficiencies in the flood risk plans for any area, they will of course raise these with NRW, who are the responsible body for the flood maps which from part of the proposed new TAN 15. (v) Question from Mrs. C. Ockerby (On behalf of Beautiful Barry.) Many properties in the Vale, have no front or side gardens and a very small area at the back. Residents of these houses produce green waste but nothing like 8 bags a fortnight so a permit is not economically viable. Officers have advised these residents to drive to the Recycle Centre but not everyone has access to a car, or use a compost bin which would reduce your recycling figures. There is a massive difference between these residents who will pay £20 and those who produce many more than 30 bags and only pay £30. Why has the Vale neglected to provide a cost effective, green waste collection service for residents who produce only 1 or 2 bags every couple of weeks? Reply from the Cabinet Member for Neighbourhood and Building Services The cost of the standard green waste subscription service is intended to capture those properties that only produce small amounts of green waste, which is reflected in the subscription price. The capacity of up to 8 bags, as part of the standard subscription service, is to give consideration to certain times of the year where additional green waste is produced for seasonal activities, such as hedge or tree pruning. I am not sure if you have considered how much a resident could have to pay if they sought to use a private land licenced waste company to collect their green waste from the kerbside, but I would suggest that the annual cost of £20 for the collection of 1 bag per fortnight between July and November and access to a ring and request kerbside collection thereafter represents excellent value for money by comparison. (vi) Question from Mrs. C. Ockerby (On behalf of Beautiful Barry.) Side Roads in the High Street Area. It is fully appreciated that local Councillors are working hard to eliminate the constant fly-tipping issue in this area but it just keeps coming back. With the introduction of 3 weekly black bag collections, are the Council concerned that this will exacerbate fly-tipping in this area and how do they propose to ensure this area is kept clean? Reply from the Cabinet Member for Neighbourhood and Building Services This area of High Street in Barry is inspected, and the cleansing standard monitored, 3 times per week and our officers will continue to do so, until the impact of 3-weekly collections is determined. July 24 (JR/KB No. Additionally, the Council’s Environmental Enforcement Officers will be supporting the service through this transition period, and they will be available to promptly respond to any fly-tipping incidents as required. (vii) Question from Mr. L. Mack With reference to the Statement of Common Ground signed off in the Enforcement Appeal by Mr Ian Robinson, Head of Sustainable Development, could you please explain how a principle can be established when the decision-making process(es) were so negligently pursued without the necessary EIA and the officer could not possibly know what decision would have been arrived at if the process was dealt with lawfully and in a way that safeguarded public health. Reply from the Executive Leader and Cabinet Member for Performance and Resources The Statement of Common Ground (SOCG) refers to the principle of ‘a wood fired renewable energy plant’ and does not discuss whether the development as constructed (or previous specific proposals) were EIA development. An energy development may (depending on the very specific nature of it, the size of input per day, for example), not be EIA development. Consequently, the SOCG does not infer any particular conclusion about whether the previous applications should have been accompanied by EIAs, and any agreement about the broad principle of an industrial development of this kind in an industrial location is not considered to be dependent on whether EIA is/was required. The content of the SOCG does not prejudice the Council’s position in respect of the development that has been built, or pre-judge whether the environmental impacts are acceptable.
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