To receive apologies for absence (to include reasons, where appropriate) from Members/Officers

Apologies for absence were received from the following Members for the reasons so stated:-

To receive declarations of personal and prejudicial interest (if any) from Members /Officers in accordance with the provisions of the Members’ Code of Conduct adopted by Council from 1^st September 2008

None.

To receive and confirm the minutes of the following meeting of Council:-

Ordinary Meeting      -    11 June 2014

RESOLVED:         That the minutes of the meeting of Council of 11 June 2014 were approved as a true and accurate record subject to the initial E being added to Councillor N Clarke’s name under the list of Members present.

Question from Councillor R C Jones to the Cabinet Member – Children & Young People

Recent studies have shown that in some schools in Wales, negative body image issues are holding back children, particularly girls, from taking part in sports. For many girls there is a vicious circle in the relationship between body image and physical activity, and this lack of confidence can create a barrier to participation. Does BCBC recognise the importance of educating youngsters about healthy body image? What step are being taken to make sure teenagers are not subject to intimidation or humiliation when taking part in school sports? What are BCBC doing to encourage girls to participate fully  in school sports?. 

The Mayor announced with great pleasure that he intended to host a Poppy Appeal Concert concern featuring talented local musicians at the Sony Theatre on 8 November 2014.  He stated that the concert is being organised by Councillor D B F White and Major Wayne Morgan who had put together a commemorative programme which reflected on the tragic events of World War 1 and also includes a lighter hearted view of times past.  He stated that tickets are £7.50 with profits going to the Bridgend Poppy Appeal.  He hoped that Members would support this unique event which the next day would be followed immediately by the Annual Remembrance Day Parade and Service.

            The Mayor also announced that he had recently viewed the impressive exhibition commemorating the World War 1 Centennial which is currently running in the Customer Service Centre.  He stated that the displays were being changed on a regular basis and feature contributions from local heritage groups as well as historian Roy Meredith, items from Porthcawl Museum’s collection and banners featuring the work of local poet Tom Weaver.  Residents were being asked to send in stories about their own family members of the conflict and these were being compiled and published on line on the Bridgend Heritage website.  He stated that the Reach Rural Development Team would be pleased to receive materials and memories for the exhibition. 

The Mayor extended his congratulations to pupils of Tondu Primary which was the only school from the County Borough to participate at the Treorchy Eisteddfod.  Pupil Benjamin Lock won his heats in the piano and violin and Keira Hill won the Disney song class for 3 to 5 year olds.  Meanwhile Rhydian Jenkins from Ysgol Gyfun Cymraeg Llangynwyd was a winner at the Urdd Eisteddfod and can now add a win at the Llangollen International Eisteddfod to his achievements. 

            The Mayor congratulated Morgan Rowling, Leighton Greenslade and Paul Taylor of Pontycymmer Bowling Club who had represented Wales at the British Isles Triples Competition in Leamington Spa where they beat teams from England and Jersey.  He also informed that Paul Taylor had played for Wales in the international series last month and had been selected to play in the forthcoming Commonwealth Games at Glasgow.

(i)     Mayor (or person presiding)

(ii)    Members of the Cabinet

(iii)   Chief Executive

(1)   Cabinet Member - Resources

       The Cabinet Member - Resources announced the following pre-Council presentation:-

       Date                                 Subject

       17 September 2014         Delivery of Convergence Projects

       He also announced the following Member Development sessions:-

       Date                                 Subject

17 July 2014                   Round Robin Event

September 2014             Effective Ward Leadership and Advocacy Training for Councillors.

The Cabinet Member - Resources informed Council that 20 Members had now confirmed their intention to attend the Leadership Academy being provided by the WLGA.  The dates, times and venues for the Academy sessions to be held in Bridgend had been placed in Members calendars and confirmation was awaited from the WLGA that places were available for those Members wishing to attend the week-end Academy sessions in Swansea.  Further details would be forwarded to participating Members in due course,

The Cabinet Member - Resources also announced that all Members should have received their 2013/14 annual report template with attendance and Member development statistics added.  The intention is to publish all reports on the Council’s website by 30 September 2014 with a return date to Democratic Services of the beginning of September so that they can be prepared for publication.

The Cabinet Member - Resources also announced that today’s meeting of Council would be the last meeting which Janet Smith - Head of Finance and Performance would be attending prior to her retirement.  He informed Members that Mrs Smith had commenced work with the former Ogwr Borough Council in 1977 qualifying as a CIPFA accountant in 1994.  Prior to Government reorganisation, Mrs Smith was seconded to the former Mid Glamorgan County Council where she worked on the disaggregation of budgets and on Local Government reorganisation became Group Accountant for Bridgend County Borough Council followed by being appointed to the post of Head of Revenues.  Mrs Smith was appointed to the post of Chief Accountant in 2004 and in 2011 appointed to her current position of Head of Finance and Performance.  He stated that during Mrs Smith’s 37 year career in Local Government she had ensured the financial stability of the Council and would be greatly missed. He congratulated her on her long service to Bridgend County Borough Council and wished her well in her retirement.

Mrs Smith responded by wishing the Council well in the future.

The Leaders of the Independent Alliance and Independent Annibynwr Groups also thanked Mrs Smith for her service to the Council and the advice which she provided Members with and wish her a long and happy retirement.

(2)   Cabinet Member - Communities

The Cabinet Member - Communities congratulated the staff at the Coychurch Crematorium on being awarded the Green Flag Award in the category of Parks and Open Spaces.

(3)   Cabinet Member - Children and Young People

       The Cabinet Member - Children and Young People announced that to maximise turnout, the Young Carers Conference had been rearranged to 30 September 2014 at the Heronston Hotel between 5.00pm and 7.30pm.  He stated that the event was being organised in partnership with the ABMU Health Board and the  ...  view the full minutes text for item 374.

The Chief Executive expressed his personal thanks and that of the Corporate Management Board to Janet Smith for her service to the Council and wished her well in her retirement.

He also announced the appointment of Mr Randal Hemmingway to the post of Head of Finance and ICT he would be commencing his duties with the Council in October.  In the interim Gill Lewis of the WLGA had been seconded to the role of Deputy Section 151 Officer on a part time basis and was formerly the Council’s external auditor.  Ms Lewis would be advising Council in the Section 151 role and developing the Medium Term Financial Strategy prior to the return of the Corporate Director - Resources.

He also informed Members that the Council had also appointed Mr Lee Jones as Head of Regulatory Services following a rigorous selection process.  He further informed Members that the selection process for the posts of Head of Adult Social Care and Head of Neighbourhood Services was underway.

The Monitoring Officer announced that Councillor P A Davies would replace Councillor C E Rees as a Member of the Town and Community Councils Forum.

The Leader also extended his good wishes to Janet Smith on her retirement and wished her well for the future.

              The Leader announced that work had commenced on the all new Coity Primary at the Park Derwen Housing Development and that the First Minister had been hosted for the official opening of Pen y Fai Church in Wales Primary.  He stated that there had been many challenges which had stood in the way of delivering this new school and now the community of Penyfai had the kind of first rate educational facilities that local children deserve.  He stated that it represented a milestone in the Council’s school modernisation programme and he thanked everyone who had played a part in making it a reality, including the children, teachers, governors, Council officers and the Welsh Government.  He looked forward to seeing the new Coity Primary School take shape.

              The Leader requested that Members spread the word amongst constituents about the importance of individual electoral registration, which represented the biggest shake up in electoral practice for over 80 years and was being rolled out across England and Wales to make voting safer and more secure.  Whereas in the past a single household representative would confirm that the electoral details for an address, the new system now required each eligible voter at that address to register individually.  He stated that completing the process is easy by means of an on-line register to vote form.  There would be further publicity about the new process, but in the meantime requested that Members make sure constituents are aware of the new system.

              The Leader referred to recent news articles about a National Trust competition where people were asked to nominate their favourite special place.  The winner was due to be announced at next month’s eisteddfod and he drew Members attention to the fact that the County Borough had made the top 20 three times at Merthyr Mawr, Rest Bay and Porthcawl.  The top spot was yet to be revealed but the three entries featuring prominently in the list demonstrated the high regard that people have for the County Borough.

Question from Councillor R C Jones to the Cabinet Member - Children and Young People

“Recent studies have shown that in some schools in Wales, negative body image issues are holding back children, particularly girls, from taking part in sports. For many girls there is a vicious circle in the relationship between body image and physical activity, and this lack of confidence can create a barrier to participation. Does BCBC recognise the importance of educating youngsters about healthy body image? What steps are being taken to make sure teenagers are not subject to intimidation or humiliation when taking part in school sports? What are BCBC doing to encourage girls to participate fully in school sports?”  

Response from the Cabinet Member - Children and Young People to Councillor R C Jones

Bridgend County Borough Council firmly recognises the need for children and young people to be physically active and that issues such as body image and self-esteem have an influence on their engagement.  We have been consulting with young people for several years and this has highlighted the lower participation rates of girls and the barriers they identify.

Our ‘girl power’ development programme is supported by Sport Wales and Bridgend now has a County ‘Girls Sport Network’ run by girls and for girls.  Additionally Bridgend CBC has supported the development of local networks in secondary schools that now influence the design and promotion of activities and have even influenced changes to PE kit to minimise embarrassment.

Bridgend CBC has commissioned body image workshops and has also trained 12 girls and 8 teachers to act as mentors on improving confidence and self-esteem.

Girls are highly represented within the sports leadership programme operated by Bridgend CBC with 63% of leaders being female.  During July, a two day event designed specifically for girls and enhancing body image and self-esteem attracted 500 girls from 7 secondary schools. The Bridgend County Sport Plan has £23,000 committed to increasing opportunities during 2014/15 and will establish 6 girls led social enterprises, 25 new leaders and over 600 programme participants.  We have also secured investment (4000) from ‘Us Girls’ to develop doorstep opportunities to be active for girls.

The National School Sports survey highlights that there remains more to be done in regard making PE and school sport a more comfortable experience that contributes to a healthy lifestyle.  This is particularly true at secondary school age and is representative of the national picture.  Increasing the choice of activities and recognising the importance of friendship groups are important considerations. 

  The Cabinet Member - Children and Young People also informed the Council that the County Youth Service provide a range of sport to tackle the issue of negative body image not just with girls but with boys as well.  An excellent counselling service is delivered where girls and boys can receive support and informal sessions are also delivered through out-reach and in youth clubs to enable young people to discuss issues around body image.  The Youth Service also encourages participation in  ...  view the full minutes text for item 378.

The Deputy Leader sought approval of the Health and Safety Plan 2014/15.  He stated that the Health and Safety Team have a duty to produce a plan for the Health and Safety Executive, which was produced in line with national guidelines but to reflect the demographics of the County Borough.  He outlined the service aims and as in previous years the aims will be met by a programme of work.  The Health and Safety Executive set out campaign topics each year which were then incorporated into this service plan, along with the risk based inspections and the need to respond to problems as they occur or are identified through inspection.

The Deputy Leader informed Council that there was pressure on resources across the Public Protection Department which had resulted in a review of the services that can be delivered with reduced capacity, based on risk.  The inspection of high risk premises, accident investigations and service requests from members of the public are considered to be high priority and would be maintained.  However, there was no longer the capacity to fully participate in the pro-active national project work, which, though desirable and beneficial was not the highest priority compared to previous years.

Priorities would include targeted programmed health and safety inspections.  High risk businesses were routinely inspected, including associated re-visits and where necessary to check compliance of work schedules and/or legal notices issued.  In addition, the Local Authority will endeavour to participate in national and local project work concentrated on areas of evidential concern where resources permit.

The Deputy Leader also informed Council that investigation of notified workplace accidents, ill health and dangerous occurrences would be investigated as well as unacceptable management or working practices and poor welfare conditions.  In relation to public entertainment licensing, consultation and inspections would be undertaken in respect of applications in relation to crowds of more than 450 persons.  In relation to registration this would involve processing applications, undertaking inspections, dealing with complaints, offering advice concerning tattooists, acupuncture practitioners, electrolysis and ear piercing.  It would also involve the registration of cooling towers. The Department would also be involved in the implementation of Smoke Free Premises etc (Wales) Regulations 2007 and working in partnership with the HSE.

The Deputy Leader informed Council that following on from last year’s project, it was hoped that the Model Bye-Laws (Wales) for Acupuncture, Tattooing, Semi-Permanent Skin Colouring, Cosmetic Piercing and Electrolysis would be successfully adopted by the Council.  It was then intended to ensure compliance by all businesses to their requirements by a programme of visits and re-visits.

RESOLVED:         That Council approved the Health and Safety Service Plan 2014/15.

The Chief Executive sought approval to appoint Gill Lewis as the Deputy Section 151 Officer on the retirement of the present office holder who was due to retire at the end of July.  He stated that the appointment is normally made by the Section 151 Officer, however the post holder was unavailable to make the appointment and Council was requested to make that appointment.

RESOLVED:         That Council appoint Gill Lewis as Deputy Section 151 Officer on the retirement of the present office holder.

The Head and Finance and Performance submitted a report, the purpose of which was to present to Council an update on the implications for the Medium Term Financial Strategy (MTFS) following revision of funding assumptions for 2015-2016 to 2018-2019. 

            She reported that the MTFS funding projections for 2014-15 to 2017-18, which were reported to Council in February 2014, were based on information available at that time, including potential percentage changes in Aggregate External Finance (AEF).  The worst case scenario was that an estimated £44m would be required to fund the budget gap, whilst the best required £23m over this period; however the MTFS was predicated on the Most Likely Scenario of £36m.  The Head of Finance and Performance informed Council that following the Comprehensive Spending Review; the Welsh Government revenue budget was reduced by -0.1% in 2014-15 and -0.4% in 2015-16.  It was the intention of the Welsh Ministers to protect funding for the National Health Service, schools and universal benefits and as a consequence Welsh councils were told to expect English style reductions to their settlements in 2014-15 and 2015-16.  The Head of Finance and Performance stated that the final Local Government Settlement showed a reduction of Aggregate External Finance (AEF) of -0.3% which were indicative and subject to change as a result of further UK budget revisions.  No figures were given for 2016-17 and 2017-18 and in view of the macro-economic and fiscal projections and in the absence of other information, the MTFS assumed reductions in AEF of -4% for 2016-17 and -2% for 2017-18.  She stated that the MTFS which was reported to Cabinet on 24 June 2014 was based on a reduction in funding from Welsh Government of -4% for each of the years 2015-16 to 2017-18.  The Minister for Local Government and Government Business has subsequently advised that whilst the 2015-16 indicative settlement allowed for a reduction in funding of -1.5%, councils should consider in their planning assumptions how to respond to a reduction of as much as -4.5%.  The Head of Finance and Performance advised the Council to plan for a reduction in funding of -4.5% for each of the years 2015-16 to 2018-19 which, would result in a budget shortfall of £12.4m in 2015-16 with a need to find recurrent savings of £50m over the period 2015-16 to 2018-19.  This excluded the impact of unknown but likely cuts to specific grants, the uncertainty of the value of protection for schools budgets and the impact on services of new legislation such as the Social Services and Wellbeing (Wales) Act and collaborative arrangements.

                        The Head and Finance and Performance also reported that the Council would enter into negotiations on the proposed pay award for 2014-15 for NJC employees, which would add a recurrent amount of £1.170m to the base budget based on the proposed pay award.  The Council would still try and limit job losses, but would inevitably be greater in number than previously anticipated.

                        The Head and Finance and Performance reported that one savings  ...  view the full minutes text for item 381.

              The Head and Finance and Performance sought approval for a revised capital programme for 2013-14 to 2023-24.  This was required to reflect additional funding required to support some projects and to re-profile spend across financial years following slippage in 2013-14.  Changes were also required to the Capital Programme to reflect changes to funding profiles for various schemes, in that the Welsh Government had now confirmed the funding for the 21^st Century Schools Programme to be met from the Local Government Borrowing Initiative and that which would be met from the capital grant.  Changes were also required to reflect re-allocations of Special Regeneration Funding (SRF) to/from specific projects within the overall annual SRF allocation and recognised new schemes in the programme such as Vibrant and Viable places.

                           The Head and Finance and Performance informed the Council that the Capital Programme included an SRF annual allocation of £540k up to and including 2016-17, which provides flexibility in the Capital Programme to enable the Council to take advantage of and maximise external funding opportunities, mitigate funding shortfalls which can occur between grant bid and offers stages and provide some contingency for additional spending pressures on regeneration projects.

                           The Head and Finance and Performance reported that the Quarter 3 monitoring report presented to Cabinet on 4 February 2014 identified a number of schemes

which had variances compared to budget and which had since been revised.  The total expenditure on capital on 2013-14 was £36.912m, £2,398m less than budget, of this, £2.221m was proposed to be carried forward into 2014-15, resulting in an underspend of £177k.  Only £65k was required, resulting in an under-spend of £135k.  Two of the projects included in the Quarter 3 monitoring report were in relation to Porthcawl Harbour and Maesteg Town Centre Regeneration.  In relation to the Porthcawl Harbour development the original budget approved for the project was £3.350m, the current projected spend was £3.867m as a result of additional costs of early warning notices issued by the contractor and other unforeseen works.  Negotiations with the contractor were on-going and it was not possible to provide a definitive outturn figure at this point, however the budget had been revised to £3.872m, due to the reduction of grant funding along with a revenue contribution towards flood damage works and a proposal to use £300k from capital receipts, including those generated from the sale of the Jennings building to meet the balance.  The Internal Audit Section was currently reviewing this project and would provide a report to the Audit Committee in September.

            The Head and Finance and Performance reported that the regeneration of Maesteg Town Centre commenced in 2003-4 comprising four phases, some of which ran concurrently over the period.  The total budget for all four phases was £7.611m with estimated expenditure to be £7.387m.  Expenditure of phases one to three resulted in an underspend of £97k which was transferred to phase four of the project which was nearing completion.  The project costs for phase four was projected to be £2.812m,  ...  view the full minutes text for item 382.

The Chief Executive presented the Annual Report of the Director of Social Services 2013-14 for approval and requested that Council note the judgements reached locally about social care services in Bridgend.  The report, which was the fifth annual report of the Director of Social Services, was based on the Authority’s self- assessment of the performance and the delivery of social services.

              The Chief Executive reported that the aim of the report was to provide the Council and people living in Bridgend with an overview as to how well social care is delivered and aimed to highlight the progress made during the year and to identify where improvements were needed during 2014-15.  He stated that the preparation of the report involved a detailed analysis, based on evidence of the services that are delivered.  The report had been presented to a Joint Scrutiny Panel made up of representatives of the Health and Wellbeing and Children and Young People Overview and Scrutiny Committees, who had provided valuable feedback on the draft report.

              The Chief Executive reported that the report is in four parts, the first part provided an overview of Bridgend and summarised the main achievements in 2013-14 and priorities for social services in 2014-15.  The second and third sections provide more detail about the two main service areas, namely Safeguarding and Family Support and Adult Social Care.  In preparing the report, two fundamental questions were considered:-

·         Are there effective arrangements in place to safeguard children and adults to promote their welfare and voice and their independence and social inclusion;

·         Can performance be sustained and improved.

The Chief Executive informed Council that Parts two and three of the report indicate that the arrangements in both Children and Adult Services were generally sound although there is always room for improvement and mistakes did sometimes occur.  Services were generally effective in meeting the needs of people who required the support of social care.

The Chief Executive also reported that the CSSIW acknowledged that Bridgend had made good progress in addressing last year’s areas for development and the report set out the key areas of progress and highlighted risks.  He stated that there is now was a permanent Corporate Management Board structure in place and the Corporate Director - Wellbeing is a social services professional who holds national and regional roles and was able to influence and inform good practice and policy in Social Services.  Additionally, the Council is currently recruiting a number of heads of service including that of Head of Adult Social Care.  He also informed Council that the number of Looked After Children and those on the register continued to increase and that the Children’s Directorate was driving forward a whole system approach to supporting Looked After Children and keeping families together.  The Looked After Children Placement and Permanency Strategy had a clear focus on supporting families to stay together wherever it was safe to do so thereby minimising the need for children to become looked after.  This strategy together with the early  ...  view the full minutes text for item 383.

Please note:

Appendix 1 – Printed copies of this document have been previously circulated to Members of the Development Control Committee who have retained this for the meeting.

Appendix 2 – Electronic copies of this document have been included on the agenda. Printed copies are available to the public and Elected Members as stated in the report.

The Group Manager Development reported on the outcome of the consultation exercise on the draft Biodiversity and Development: A Green Infrastructure Approach Supplementary Planning Guidance (SPG) and the draft Sites of Importance for Nature Conservation Review (SINC) and sought the Council’s agreement of the proposed amendments to the draft document and adopt the amended versions as SPG and an evidence base to the Bridgend Local Development Plan (LDP).

              He stated that the Development Control Committee at its meeting on 12 December 2013 had approved draft SPG 19 - Biodiversity and Development: A Green Infrastructure Approach and the Draft Sites of Importance for Nature Conservation (SINC) Review as the basis for public consultation and authorised officers to make appropriate arrangements for public consultation and to receive a further report on the outcome of the consultation process.

              The Group Manager Development reported that the Development Control Committee at its meeting on 29 May 2014 resolved to consider the representations received during public consultation, endorse the suggested reasoned responses, decisions and changes to the SPG and SINC and recommended that Council adopt the document as Supplementary Planning Guidance and an evidence base to the adopted Bridgend Local Development Plan.

              He reported that by the end of the eight week public consultation period, eleven individuals and external organisations had submitted comments on the draft SPG and SINC Review (seven to the SPG and four to the SINC Review).  He stated that two of the representations were received after the consultation period had ended.  In response the Council had produced consultation reports to the representations received and which outlined any changes made to the documents.  He informed Members that the late representations had been considered and

responded to in the consultation report, although Council was not obliged to endorse those representations.

The Group Manager Development reported that Council was requested to consider each of the representations received, approve the suggested reasoned

response, decisions and actions and proposed changes to the document, then adopt the SPG and SINC report for publication.

The Group Manager Development also informed Council that the SPG was the first of a suite of ‘Green Infrastructure’ led SPG which would collectively contribute to driving forward this important agenda.  He stated that the SINC review is intrinsically linked to the SPG as an evidence base and will also inform the Local Biodiversity Action Plan Review.

            Members of the Council commended the officers on the clarity of the Supplementary Planning Guidance and Sites of Importance for Nature Conservation Review documents.

RESOLVED:         That Council:-

                        (1)   Considered the representations received and approved the suggested reasoned responses, decisions and changes to the draft Biodiversity and Development: A Green Infrastructure Approach Supplementary Planning Guidance.

                        (2)   Considered the representations received and approved the suggested reasoned responses, decisions and changes to the draft SINC Review.

                        (3)   Approved the Sites of Importance for Nature Conservation (SINC) Review as an evidence base to the adopted Bridgend Local Development Plan and relevant SPG.

                        (4)   Adopted SPG 19 - Biodiversity and Development:  ...  view the full minutes text for item 384.

The Group Manager Development reported that the Development Control Committee at its meeting on 26 June 2014 had considered planning application P/13/938/FUL as a departure from the Development Plan.  The Development Control Committee resolved not to refuse permission and the application had been referred to Council requesting the grant of planning permission subject to conditions.

            The Group Manager Development reported that the application is to include a parcel of land to the rear of 29-34 Cwrt Pant yr Awel, within the curtilage of 30 Cwrt Pant yr Awel, Blackmill Road, Lewistown.  He stated that the parcel of land which was the subject of the application had been cleared and now included a gravelled area with a small domestic shed, greenhouse and a number of flower beds.  The majority of the land subject to the application was located within the designated settlement boundary and defined by Policy PLA1 of the adopted Bridgend Local Development Plan and was therefore acceptable in principle.  However, some of the land (the extended garden curtilage directly behind 30 Cwrt

Pant yr Awel) extended marginally beyond the settlement boundary.  Accordingly the application had been advertised as being out of accord with the Local Development Plan.  The existing shed and greenhouse was screened by the boundary fencing of the adjacent neighbouring properties, however they were partially visible from the adjacent community route and subject to conditions.  It was considered that the development did not have such a significant impact on the visual or residential amenities of the area as to warrant a refusal.

The Group Manager Development reported that this retrospective application was recommended for approval because the development complies with Council policy and did not adversely affect privacy or visual amenities nor so significantly harms neighbours’ amenities as to warrant refusal. 

A Member of the Council requested that plans be displayed at future meetings of the Council when it considers departure applications.

RESOLVED:         That Council approve planning application P/13/938/FUL subject to the following conditions:-

                        (1)   Within 1 month of the date of this consent full details of a landscaping scheme/landscape maintenance plan along the rear boundary of the site shall be submitted to and agreed in writing by the Local Planning Authority.  The agreed landscaping works shall be carried out within the next planting season (November 2014 - March 2015) in accordance with the agreed schedule.

                               Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.

(2)   If within a period of three years from the date of the planting of any tree that tree or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective another tree of the same species and size as that originally planted shall be planted at the same place, unless the local planning authority gives its written consent to any variation.

Reason: To maintain and improve  ...  view the full minutes text for item 385.

The Monitoring Officer reported on proposed amendments to the consultation relating to the process of appointing, dismissing and conducting disciplinary investigations of certain officers of the Authority.

He stated that the Local Authorities (Standing Orders)(Amendments)(Wales) Regulations 2014 which came into force on 1 July 2014 and amended the 2006 Regulations relating to the process for appointing, dismissing and conducting disciplinary action against certain officers of authorities, impose new requirements for procedures for determining the level of remuneration to be paid to chief officers.

            Under the 2014 Regulations, the role of Head of Democratic Services will be accorded the same status as the Head of Paid Service, Monitoring Officer and Chief Finance Officer in regard to the process under which authorities can take disciplinary action against them and how any allegation is to be dealt with.  Further amendments were made to extend the protection given by officers in relation to whom disciplinary action is proposed, where the officer was, but at the time of the proposed disciplinary action no longer is, an officer with protected status and the alleged misconduct, or, as the case may be, the reason for the proposal for dismissal, occurred during the period where the officer was an officer with protected status.

            The Monitoring Officer also reported that under the 2006 Regulations, where an authority now proposes to appoint a chief officer and it was proposed to pay the chief officer annual remuneration of £100,000 or more, the post be publicly advertised.  Additional provision was made in the 2014 Regulations relating to remuneration of chief officer’s pay and any decision to determine or vary the remuneration of chief officers must be made by Council, without the possibility of delegating it to a committee of the Council.  The posts of Monitoring Officer and Head of Democratic Services were now added to the list of those who were not subject to appointment or dismissal by the Head of Paid Service (or another officer designated to them) and whose appointment or dismissal should be conducted by a committee and that any committee or sub-committee of the authority charged with this responsibility must include at least one member of the executive.

RESOLVED:         That Council approved the amendments to the Officer Employment Procedure Rules within the Constitution.

The Assistant Chief Executive - Legal and Regulatory Services reported on proposals for the development of a Joint Overview and Scrutiny Panel which would consider how community resilience might be fostered in local communities, particularly in response to the welfare reform agenda, and sought approval for three overview and scrutiny committee members and one reserve member to sit on the Joint Panel.

            He reported that the Welsh Government had administered the Scrutiny Development Fund which had allowed local authorities to submit bids in order to

            undertake projects which contribute to the development of Overview and Scrutiny practice across Wales.  Officers from Swansea, Neath Port Talbot and Bridgend had developed a bid in relation to Fostering Community Resilience.  It was proposed that Swansea would be the lead authority and the Panel would work with Governance International, who had experience in the field of community resilience and co-production.  He stated that the Project Initiation Document (PID) which had been signed off by the Leader and Chief Executive would shortly be submitted to the Welsh Government for their approval.  Council was requested to nominate three members and one reserve member to sit on the Joint Panel in accordance with requirements of the Project Initiation Document.  The Assistant Chief Executive - Legal and Regulatory Services informed Council that whilst there was no requirement for the Panel to be politically balanced, it was suggested

that it would be beneficial for the Panel to have cross party representation.  It was suggested that the nominees be as follows:-

·         Two Labour members of the Health and Wellbeing Overview and Scrutiny Committee, one of whom should be the Chairperson.

·         One Labour member of the Community Renewal and Environment Overview and Scrutiny Committee

·         One Independent Alliance member from any Overview and Scrutiny Committee

·         One Independent Annibynwyr member as reserve member.

RESOLVED:         That:-

                        (1)   The Assistant Chief Executive Legal and Regulatory Services be advised of the nominations of the Labour Group to sit on the Fostering Community Resilience Joint Scrutiny Panel;

                        (2)   That Councillor C A Green be nominated the Independent Alliance Member to sit on the Fostering Community Resilience Joint Scrutiny Panel.

                        (3)   That the Independent Annibynwyr Group advise the Assistant Chief Executive Legal and Regulatory Services of the reserve member to sit on the Fostering Community Resilience Joint Scrutiny Panel.

The Assistant Chief Executive Legal and Regulatory Services sought approval for the appointment of Mr Kevin Pascoe as a non-voting co-optee to the Children and Young People Overview and Scrutiny Committee.  He stated that Mr Pascoe had consistently sat on the Children and Young People Overview and Scrutiny Committee from 2005, as a Registered Representative and since 2013 as a Co-opted Member.  He had been an active member of the Committee during that time and had taken part in a number of Research and Evaluation Panel investigations and had considerable knowledge, particularly in relation to education and school performance matters, which the Overview and Scrutiny Committee would like to continue to have access to. 

RESOLVED:         That the appointment of Mr Kevin Pascoe as a non-voting co-optee of the Children and Young People Overview and Scrutiny Committee until the next local government election be approved.

The Monitoring Officer sought approval of proposed amendments to the constitution which reflect changes to the procedures for the notification, authorisation and registration of officer gifts and hospitality.

            He reported that following an internal audit of officer gifts and hospitality, improvements of the current system of notification and registration were proposed which would enable a consistent approach to be undertaken and subsequently enhancing the assurance provided by the process.  To provide consistency across the Authority the process of notification and registration of gifts and hospitality would now be undertaken by the Monitoring Officer.  He stated that employees who are offered gift or hospitality are to notify the Monitoring Officer using the

appropriate form within 28 days of any offer being made and request authorisation from the Monitoring Officer to accept the gift.  To facilitate this change it was proposed that Paragraph 12 of Part 5 of the Constitution be amended.

RESOLVED:         That Paragraph 12 of Part 5 of the Constitution relating to the Code of Conduct for Council Employees be amended as shown in Paragraph 4.4 of the report.

The Monitoring Officer presented a report, the purpose of which to inform Council of the information reports which had been published since the last meeting.

RESOLVED:         That Council acknowledge the publication of the documents listed in the report:-

The meeting closed at 5.00pm.

To consider any item(s) of business in respect of which notice has been given in accordance with Part 4 (paragraph 4) of the Council Procedure rules and which the person presiding at the meeting if of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency.