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Agenda and minutes

Venue: Council Chamber, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Mark Anthony Galvin  Senior Democratic Services Officer - Committees

Items
No. Item

212.

Declarations of Interest

To receive declarations of personal and prejudicial interest from Members/Officers in

accordance with the Members’ Code of Conduct adopted by Council from 1 September 2008. 

 

 

Minutes:

The Head of Legal and Regulatory Services and Monitoring Officer gave the following advice to Members in respect of an agenda item some may possibly have an interest in later in the meeting (ie Agenda Item 12), as follows:-

 

Members who are in the pension fund will have a personal interest in this item. However, under the Code of Conduct if that interest arises from their membership of the fund through their Councillor salaries they would not have a prejudicial interest. This exemption applies to them personally and would not apply to any interest they had as a result of family being part of the pension fund. It is for each Member to consider their own individual circumstances.

 

The following declarations of interest were made in respect of Agenda Item 12:-

 

Councillor DBF White prejudicial interest

 

Councillor DG Howells personal interest, as well as a prejudicial interest as a representative Member of WDA.

 

Councillor JC Spanswick prejudicial interest in that certain family members were in the Local Government Pension Scheme.

 

Councillor P Davies prejudicial interest.

 

Councillor HJ David prejudicial interest in that close family relatives are in the Local Government Pension Scheme. Councillor David also declared a prejudicial interest in Agenda Item 6 as a close family relative was employed by Rockwool.

 

Councillor HM Williams personal interest, and a prejudicial interest in Agenda Item 6, due to him owning a section of land within the application site.

 

Councillor CE Smith personal interest as well as a prejudicial interest due to a close family member being a beneficiary member of the Local Government Pension Scheme.

 

Councillor S Baldwin personal and prejudicial interest.

 

Councillor MJ Kearn prejudicial interest as a close family Member was in the Local Government Pension Scheme.

 

Councillor G Thomas prejudicial interest as a member of the Local Government Pension Scheme.

 

Councillor KJ Watts prejudicial interest.

 

Councillor RM Shaw personal interest.

 

Councillor N Clarke personal interest.

 

Councillor MC Voisey personal interest.

 

Councillor N Burnett prejudicial interest as a close family relative is a member of the Local Government Pension Scheme.

 

Councillor M Jones personal and prejudicial interest

 

Councillor T Beedle prejudicial interest as a member of the Local Government Pension Scheme.

 

Councillor A Williams personal interest as a member of the Local Government Pension Scheme.

 

Councillor D Patel personal interest as a member of the Local Government Pension Scheme.

 

Councillor MC Clarke personal interest.

 

Councillor S Aspey personal interest as he is a member of the Local Government Pension Scheme.

 

Councillor T Thomas personal interest as he had previously paid into the Local Government Pension Scheme.

 

Those Members above who had declared a prejudicial interest in both the Agenda Items referred to, advised that they would leave the meeting whilst these items were being considered.

213.

Approval of Minutes pdf icon PDF 113 KB

To receive for approval the minutes of 18/07/2018

 

 

Minutes:

RESOLVED:                That the Minutes of a meeting of Council dated 18 July 2018, be approved as a true and accurate record.

214.

To receive announcements from:

 (i) Mayor (or person presiding)

(ii) Members of the Cabinet

(iii) Chief Executive

(iv) Monitoring Officer

 

Minutes:

The Mayor

 

The Mayor welcomed Members back after the August recess and hoped all had been able to get away for a few days ready for the autumn / winter season.

 

Since his last report to Council, both his Escort and he had carried out 34 official engagements, which had been varied and different yet very enjoyable, and it had been difficult to select a few to tell Members about.

 

They visited Mrs Emily McNamara on her 100th Birthday at her home in Maesteg, who enjoys good health, is still able to go shopping every week to ASDA with her granddaughter, and manages to climb the stairs every night. She told us about working in the munitions factory in Bridgend during the war and how she meet her husband at a dance in 1943 and they got married 6 months later, and the rest is history with a number of grandchildren and great grandchildren. It was lovely to meet her and her family he added.

 

They also attended the Park Slip Disaster memorial service, a moving occasion with the great loss of life especially young men of 13 years of age, and in some cases several members of the same family lost.

 

The official opening of Bettws School by the First Minister was an excellent morning where we were shown around by the pupils who told us about their new school.

 

The Mayor/Consort had also attended the Maesteg Comprehensive School sports presentation evening, and at the Odeon Cinema Bridgend they attended the premier of Dragon Hunters, journalistic short films about the problems with dragons in the valleys, made in collaboration by all the primary schools in the Maesteg area, assisted by staff and pupils of Maesteg Comprehensive.

 

They also visited Trelales School Laleston to present the Platinum flag awarded to the school after 10 years having been awarded the green flag.

 

Further visits, included Year 6 leavers play at Tondu School, Bridgend car show, civic service of the Mayor of Porthcawl Cllr. Norah Clark, licensing of the Rev Ian Hodges as Area Dean with Bishop June. The Royal Welsh Show, visit to Tenovus mobile cancer unit at the pines, 65th Wedding Anniversary of Mr & Mrs Panter, presentation evening at HMS Cambria Barry. They had also visited the Dogs’ Trust at Pen-y Fai, Bridge FM radio local hero awards evening, Presentation of a cheque to the Mayor Charities from the Members and Management of Castle bingo, and Housing matters day at Llamau’s Morfa safe house.

 

He added that it was a sad occasion to attend the funeral of Audrey Thomas the sister of Councillor Jeff Tildesley, and who was his Consort when he was Mayor.

 

The Mayor had presented to him a cheque for Bridgend radio from Sainsbury’s, following which he then visited the radio station in the hospital, then attended the opening of the new Gym for Warriors kick boxing club at the YMCA in Bridgend with Councillor David White and the Leader.

 

The Mayor/Consort had been presented  ...  view the full minutes text for item 214.

215.

To receive the report of the Leader

Minutes:

The Leader advised that the Council were about to embark on this year’s budget consultation, and will be once again encouraging local residents to take part and assist in re-shaping Bridgend’s future. As part of this, we would be carrying out a full publicity and marketing campaign that will take into account community events, news releases, advertising and more.

 

Social media will play a major role in this process, and he hoped that all elected Members will get behind the campaign, and encourage as many people to take part as possible. We will be asking residents what services they think should be prioritised as the Authority seeks to cover a £35m shortfall in funding by 2023. It is all too easy to see only the cut and not the reasoning behind it, so we need Members to help us to communicate some very difficult issues.

 

As Members knew, the Council had already saved £30m by doing things like reducing our staff by more than 400, working with partners such as Halo, or reducing services such as public conveniences, street cleansing, youth clubs and adult learning. This has been undertaken while also delivering essential investment into new schools, housing for older people, vital sea defences and more. But as Members were also aware, a critical point had now been reached, and some very hard decisions still had yet to be made.

 

The next few years were going to be the most challenging yet as we are forced to consider important areas such as schools and nursery education, social services for children, older residents and disabled people, and more. This is why the Council needed to fully engage with local people, and he was appealing to all Councillors, including members of Town and Community Councils, to help in delivering these.

 

Members would soon be receiving an invitation to a special consultation event. This is being arranged so that it can take place alongside full Council on Wednesday 24 October, and will provide Members with an opportunity to give their views and find out more about what we are trying to achieve. In addition, Councillors would be sent full details of the community events that are being organised, along with information advising residents about the different ways in which they can take part.

 

The budget consultation will take place between the 24 September and the 18 November. There would be ample opportunity to take part, so he asked those present to help spread the word about this very important opportunity.

 

Finally, the Leader congratulated Mr. Lindsay Harvey who had recently been appointed to the post of Corporate Director – Education and Family Support, after occupying this role on an interim basis. This appointment had been made by the Appointments Committee, a body comprising cross-party Members.

 

The Leader was aware that this job was Mr. Harvey’s dream post, and he knew that he would be very successful in effectively carrying out the role of the job as he had done on a temporary basis  ...  view the full minutes text for item 215.

216.

Departure Planning Application P/18/520/FUL pdf icon PDF 362 KB

Additional documents:

Minutes:

The Corporate Director - Communities submitted a report, which confirmed that on 30 August, 2018, the Development Control Committee considered planning application P/18/520/FUL as a departure from the Local Development Plan. The Development Control Committee resolved not to refuse planning permission, so the application is referred to Council which is requested to approve the application subject to conditions.

 

A copy of the Development Control Committee report on this matter was attached at Appendix 1 to the report.

 

The Group Manager Development advised that Members were familiar with him attending the Development Control Committee to provide updates on the Local Development Plan (LDP) and other development planning matters, whereby the importance of compliance with and delivery of the LDP was emphasised. Occasionally however, reports relating to development that does not comply with the LDP where the above Committee have resolved to approve were required to be considered by Council, as the Committee is unable to make a determination on certain applications (that depart from the LDP).

 

The above application related to an extension to the existing Rockwool factory site at Wern Tarw, Bridgend, a major employer in the County Borough.  The extension will involve developing land currently outside the allocated area for the factory and into the open countryside.  As such the proposal does not comply with the LDP.

 

The extended area will provide a larger and more accessible external storage area for the finished Rockwool product immediately to the south of their existing factory, with access from a new entrance off Wern Tarw Road.

A multi-million pound investment from Rockwool Global Headquarters in Denmark had been secured to undertake this extension in order to improve the efficiency of the site in terms of deliveries, unloading and loading and to meet an increased demand for the product.

 

The area of new development revolves around a new concrete hardstanding area (including an asphalt entrance and access road/parking area/loading area for HGV’s) of approximately 20 acres of relatively low grade agricultural land to the immediate south of the current facility. The development will also include an enclosed and insulted conveyor belt into the main factory site, driver welfare facility, forklift garage and security hut. The new storage space facility will also allow the company to free up some space at the current site entrance opposite Wern Farm Road; maximise the capacity of the factory to produce, store and deliver their products and employ an extra 65 permanent full time workers (on top of the existing 404 employees) on the site. Production at the plant was scaled down following the economic downturn and this proposal does not involve increasing production facilities, rather the improving the efficiency of the current operation.

 

The proposal was subject to extensive pre-application discussion and community consultation. The application was also accompanied by the necessary detailed reports including traffic assessment, ecological assessments (including bats, dormouse, great crested newt, reptiles and breeding birds), lighting study, Design and Access Statement, Visual Impact Assessment, Noise Assessment Report Stage 1-2 Road Safety Audit, ground  ...  view the full minutes text for item 216.

Recorded Vote
TitleTypeRecorded Vote textResult
Departure Planning Application Resolution Motion Carried
  • View Recorded Vote for this item
  • 217.

    Annual Treasury Management Outturn Report 2017-18 pdf icon PDF 655 KB

    Minutes:

    The Interim Head of Finance and S151 Officer submitted a report, the purpose of which, was to comply with the requirement of the Chartered Institute of Public Finance and Accountancy (CIPFA) ‘Treasury Management in the Public Services: Code of Practice’ to report an overview of treasury activities for the preceding financial year and to report on the actual Treasury Management and Prudential Indicators for 2017-18.

     

    The report is based on the Treasury Management Strategy (TMS) for 2017-18 which was approved by Council on 1 March 2017.

     

    CIPFA published new editions of Treasury Management in the Public Services: Code of Practice and the Prudential Code for Capital Finance in Local Authorities in late December 2017, however the TMS 2017-18 and this report were produced using the 2011 Codes. Also, in March 2018 the Welsh Government published an amendment to the Local Authorities (Capital Finance and Accounting) (Wales) Regulations, which enables the Council to invest in certain instruments from 2017-18, which were previously treated as capital expenditure, without the potential revenue cost of Minimum Revenue Provision (MRP) and without the proceeds from sale being considered a capital receipt.

     

    She added that the Council’s treasury management advisors are Arlingclose. Their contract runs from 1 September 2016 for 4 years following a tender process and the contract will be reviewed annually and either party may at any time terminate this agreement on 3 months prior written notice.

     

    The treasury management function was reviewed by the Council’s External Auditors, the Wales Audit Office during the 2017-18 annual audit and there were no adjustments for Treasury Management. In addition to the External Audit work, Internal Audit undertook an audit of the treasury management function during 2017-18 and the audit identified that “based on an assessment of the strengths and weakness of the areas examined, and through testing it has been concluded that the effectiveness of the internal control environment is considered to be sound and therefore substantial assurance can be placed upon the management of risks”.

     

    The Bank Rate started the financial year at 0.25% and the Bank of England’s Monetary Policy Committee (MPC) increased this by 0.25% to 0.50% in November 2017. It was significant in that it was the first rate hike in ten years, although in essence the MPC reversed its August 2016 cut following the EU referendum result. The Bank Rate remained at 0.50% for the remainder of 2017-18.

     

    The Council’s external debt and investment position for 1 April 2017 to 31 March 2018 was shown in section 4.1 and table 1 of the report. More detail was provided in Section’s 4.4 and 4.5. The key points to note were:

     

    ·         The total gross external debt outstanding at 31 March 2018 was £117.89m

    ·         The £96.87m long term borrowing at 31 March 2018 is made   of :

     

    a)        £77.62m relating to Public Works Loan Board at fixed   rates (average interest 4.70%)

    b)        £19.25m with a maturity date of 2054 relating to Lender’s Option Borrower’s Option loans which may be re-scheduled in advance of the  ...  view the full minutes text for item 217.

    218.

    Review of the Minimum Revenue Provision (MRP) Policy 2018-19 pdf icon PDF 123 KB

    Additional documents:

    Minutes:

    The Interim Head of Finance and S151 Officer submitted a report, the purpose of which, was  to present to Council alternative methods of calculating a prudent annual revenue charge to repay capital financing costs, which is known as the Minimum Revenue Provision, in accordance with the Local Authorities (Capital Finance and Accounting) (Wales) Regulations.

     

    She advised that legislation does not define what constitutes as a ‘prudent provision’. Welsh Government Guidance outlines various acceptable methods with the aim being to ensure that debt is repaid over a period that is reasonably commensurate with that over which the capital expenditure provides benefit or the period which is implicit in the determination of the Revenue Support Grant.

     

    Authorities are required to produce an Annual Statement on their Policy for charging the Minimum Revenue Provision, known as MRP, and this is approved by Full Council. Therefore any changes to the Policy also need Council approval. 

     

    Appendix A to the report contained the Council approved Annual MRP Policy 2018-19. The current MRP charge 2018-19 for supported borrowing, based on a 4% reducing balance, is £4.884 million against a budget of £4.981 million. This is within Capital Financing in the Non-Directorate Revenue Budget.

     

    The Reducing Balance approach allocates higher charges to earlier years and lower charges in later years. The 4% charge implies that the debt is paid off within 25 years. However, the reducing balance actual means that the debt is not fully extinguished until much later than this.

     

    For example, in 45 years’ time which is akin to the average life of the Council’s assets, the current methodology would still leave £18.673 million of remaining debt with an annual charge of £778,000 to the revenue account. This does not seem to support the Well-being of Future Generations (Wales) Act 2015 and does not lend itself to be a prudent provision. Bridgend is one of a very small number of Authorities who still uses this method.

     

    It was also worth noting that as well as the revenue provision for supported borrowing, the Council makes additional voluntary revenue provision. As at 31 March 2018, the cumulative figure of this is £14.743 million having been built up from 2004-05 and in 2018-19 the charge to revenue so far this year is £1.380 million which all goes towards reducing the outstanding capital financing requirement.

     

    Appendix B of the report provided some options for changing MRP to a 3% Reducing Balance method and then on a straight line basis over 40 year, 45 years and 50 years. . It demonstrates that a more prudent methodology would be on a straight line basis which could be linked to asset lives as on a reducing balance methodology, the revenue charge still continues even at year 200. A straight line basis would result in:-

     

               All users benefiting equally from the use of the assets over their lives;

               Providing certainty of the annual revenue charge;

               Ensuring that the debt is fully paid off over the life of the asset.

               

    Therefore,  ...  view the full minutes text for item 218.

    219.

    Information Reports for Noting pdf icon PDF 58 KB

    Additional documents:

    Minutes:

    The Head of Legal and Regulatory Services submitted a report, which informed Council of the Information Reports for noting which had been published since the last scheduled meeting.

     

    These were outlined in paragraph 4.1 of the report.

     

    RESOLVED:                  That Council acknowledged the publication of the documents listed in the report.

    220.

    Question to the Cabinet Member - Education and Regeneration from Councillor Tim Thomas

    Will the Cabinet Member make a statement on the current status of this Council's implementation of the inclusion at schools strategy?

     

     

     

     

    Minutes:

    “Will the Cabinet Member make a statement on the current status of this Council's implementation of the inclusion at schools strategy”?

     

    Response by Cabinet Education and Regeneration

     

    The implementation of the Additional Learning Needs (ALN) Reform is the focus of Inclusion and ALN strategy in Bridgend County Borough (BCBC).

     

    The Additional Learning Needs and Education Tribunal (Wales) Bill was passed by the National Assembly for Wales on 12 December 2017 and. after receiving Royal Assent. became an Act on 24 January 2018.  The Act makes provision for a new statutory framework for supporting children and young people with ALN from the age of 0-25.  This is to replace existing legislation surrounding special educational needs (SEN) and the assessment of children and young people with learning difficulties and/or disabilities in post-16 education and training.

     

    To support implementation of the new system, including the Act, Welsh Government has funded five Additional Learning Needs Transformation Leads.  Four of the transformation leads operate regionally, on the education consortia footprint, and one of the leads works as a Further Education Transformation Lead at a national level.

     

    Implementation of the new system should commence in September 2020 with completion expected by the end of 2023. The timeline is as follows:

     

    • January 2018 - Additional Learning needs Tribunal (Wales) Act gains Royal assent
    • March 2018 - ALN Transformation leads in post
    • Autumn 2018 - consultation on the draft ALN Code and regulations
    • December 2019 - final ALN Code issued
    • January 2020 - implementation training on the new ALN Code rolled out
    • September 2020 - implementation training on the new ALN code rolled out
    • Summer 2023 - SEN and learning difficulties and/or disabilities (LDD) systems come to an end

     

    The Regional ALN Implementation Plan (2018-2019) has been agreed by Directors of Education from Central South Consortium (CSC).  The plan is awaiting final sign off from Welsh Government which expected in September 2018. There are eight priorities contained within the plan which are as follows:

     

    • Priority 1- create a multi-agency, multi-disciplinary regional implementation plan that underpins the successful transition to the new way of working.

     

    • Priority 2 - deliver an awareness-raising programme that ensures all professionals, school governors, parents, carers, children and young people and the third sector receive timely information about the reforms and associated timescales.
    • Priority 3 - implement a comprehensive workforce development plan that is compliant with the ALNET Act and complementary to the wider national education reforms.

     

    • Priority 4 - develop support and provision for post compulsory school-aged learners through identifying local and potential regional offers.

     

    • Priority 5 - ensure that the new statutory expectations for early years are understood and delivered and that appropriate support is provided to increase capacity in early years’ settings.

     

    • Priority 6 - improve strategic engagement with health to support the establishment of the statutory role of the Designated Educational Clinical Lead Officer and develop shared expectations and supportive working practices.

     

    • Priority 7 - review and improve Welsh-medium provision and specialist support to increase regional capacity.

     

    221.

    Notice of Motion Proposed by Councillor Carolyn Webster

    Proposal:

     

    That this Council and all its Directorates and the departments within those Directorates, adopt the definition of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism.

     

    It states:

     

    “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property toward Jewish community institutions and religious facilities.”

    Minutes:

    The asked with the Mayor’s permission, if she could withdraw her Notice of Motion as outlined at Agenda Item 11. of the report, as it was her understanding that the WLGA had proposed that this Council looks to adopt this definition, and that it is going to be placed on the agenda of the Cabinet Committee Equalities in November this year.

     

    Depending on the outcome of that, she added that she may choose to bring this motion back before Council at a later late.

     

    Yesterday, Jews around the world observed Yom Kippur. She therefore took the opportunity to wish our Jewish residents in Bridgend County Borough, “G’mar Chatima Tova.”

     

    222.

    Notice of Motion proposed by Councillor Tim Thomas

    Council acknowledges

     

    The damaging impact that increased levels of gasses within the atmosphere is having on the environment and the part it is playing in adverse climate change. Council further acknowledges that international cooperation is required to hold the immediate impact on our climate.

     

    Council welcomes

     

    The UK and Welsh government’s commitment to tackling climate change with initiatives to limit global warming, and its acceptance that the use of fossil fuels is a major contributory factor in rising world temperatures and carbon dioxide emissions.

     

    Council notes that during the financial year 2016/17, the Rhondda Cynon Taff Pension Fund, which administers pension arrangements on behalf of Bridgend County Borough Council, invested a percentage of indirect pooled funds in fossil fuels.

     

    This council calls on the Rhondda Cynon Taff Pension Fund to start making an ordered withdrawal of such investments at the earliest opportunity.

     

    Minutes:

    RESOLVED:                  It was agreed initially by Councillor T Thomas and subsequently by all Members, that this item be deferred to the next scheduled meeting of Council.

    223.

    Urgent Items

    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 is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency. 

     

     

    Minutes:

    None.

     

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