Decisions

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Decisions published

18/12/2018 - Local Government (Miscellaneous Provisions) Act Section 65 Power To Fix Fares For Hackney Carriages Objections To The Proposal To Amend The Hackney Carriage Fares Tariff ref: 382    For Determination

Decision Maker: Cabinet

Made at meeting: 18/12/2018 - Cabinet

Decision published: 18/12/2018

Effective from: 18/12/2018

Decision:

The Head of Shared Regulatory Services reported on objections to the proposal approved by Cabinet to vary the current rate of Hackney Carriage Fares.  He stated that Cabinet at its meeting on 5 September 2017 considered 3 proposals to vary the current hackney table of fares and determined to reject those proposalsand recommended the legality and practicalities of consulting on hackney carriage fees with the taxi trade and public be explored.

The Head of Regulatory Services reported that officers asked each of the applicants to consider the other proposals with a view to presenting a further single application with support from all parties.  However, no consensus could be reached between the applicants and during this period an additional application was received from Mr Peter Renwick of Premier Cars (Cardiff) Ltd.  Consultation took place with each of thelicensed hackney carriage/private hire vehicle drivers in Bridgend, seeking their views and whether they had a preferred option on the 3 proposals previously considered by Cabinet, and the subsequent proposal received.  The results of the consultation were presented to Cabinet on 23 October 2018.  Cabinet approved Proposal 1, submitted by Mr James Borland and Richard Parrott, subject to the issuing of a public notice in a local newspaper inviting objections.

 

The Head of Regulatory Services informed Cabinet that the report submitted to it on 23 October 2018 contained incorrect figures for the cost of 5 mile and 15 mile journeys for Proposal 1, but the information provided to the licensed trade during the consultation was correct and as such the results of the consultation are based on the correct figures.   

 

The Head of Regulatory Services informed Cabinet that 3 objections were received to the public notice and he outlined those responses.  He stated that Cabinet was required to consider the objections and determine whether it remains content with the decision to ratify Proposal 1 as the preferred option based on the correct figures, or having reviewed the information regarding the updated figures, to now select a different proposal. 

 

The Cabinet Member Wellbeing and Future Generations proposed that Cabinet support Proposal 1 as it had received the most support from the trade.  She stated that she was satisfied with the consultation which had taken place and that the trade had received the correct figures and believed that the cost of re-calibration could be recovered.  The Cabinet Member Wellbeing and Future Generations also commented that this was a cap on the maximum fare that could be charged, and drivers did not have to increase their fares if they were so minded.  The Deputy Leader commented that he was satisfied with the consultation undertaken and the re-calibration of equipment was not insurmountable.         

 

RESOLVED:           That Cabinet:

a)  Noted the representations received in Appendix B of the report in consideration of the decision taken by Cabinet on the 23 October 2018 to amend the tariff of fares;

Determined to continue with Proposal 1 and introduce a new hackney carriage tariff based on the amended figures set out in the report with an implementation date no later than 2 February 2019.


18/12/2018 - Traffic Regulation Order / Traffic Calming and Pedestrian Crossing Process ref: 377    Recommendations Approved

To propose changes to the determination of sustained objections made in respect of proposals to introduce Traffic Regulation Orders and Traffic Calming and Pedestrian Crossings.     

 

Decision Maker: Cabinet

Made at meeting: 18/12/2018 - Cabinet

Decision published: 18/12/2018

Effective from: 18/12/2018

Decision:

The Corporate Director Communities reported on proposed changes to the determination of sustained objections made in respect of proposals to introduce Traffic Regulation Orders and Traffic Calming and Pedestrian Crossings.

 

 He informed Cabinet of the process for the making of Traffic Regulation Orders (TROs) and on the consultation requirements to be followed by the Order Making Authority (OMA).  He also informed Cabinet of the process for the introduction of Traffic Calming/Pedestrian Crossings.  Objections which are sustained relating to these matters are currently determined in this authority in the same manner as TROs, however in respect of these provisions no Order is made.

 

 He reported that in this authority sustained objections to TROS and Traffic Calming and Pedestrian Crossings are determined by the Appeal Panel process which involves:  

 

·             A panel of 3 local members being formed and scheduled to meet which due to calendar commitments can take several weeks to arrange as the panel needs to be supported by legal and democratic services officers.  

·              Objectors are invited to attend to present their case. 

·              Panels may request more information and then a panel reconvened.

 

 This means that the introduction of new traffic proposals may be delayed for several months whilst arrangements are made for setting up and supporting the process.  He stated that this is resource intensive when compared to that adopted by other Order Making Authorities.  An approach was made the County Surveyors Society for Wales Traffic Services Group has been approached to provide information on the process adopted by other OMAs in Wales and the information provided was considered together with relevant legislation / circulars. 

 

 He reported on a proposal to amend the process for determining objections to TROs/Traffic Calming and Pedestrian Crossings from the Appeals Panel process to a delegated function of the Cabinet Member –Communities. 

 

Amendment to Scheme of Delegations and that that new paragraphs 3.5 and 3.6 be added to Scheme A of the Scheme of Delegation of Functions as functions allocated to the Cabinet Member – Communities.

 

 The Cabinet Member Communities commented that the current process can lead to delays and that it needs to be more efficient.  The Cabinet Member Wellbeing and Future Generations requested that the process be refined to permit verbal representations in exceptional circumstancesand to ensure accessibility for those citizens who are unable to make written representations.
    

 RESOLVED:            That Cabinet:

 

(1)    Approved the adoption of the process outlined at paragraph 4.10 of the report;

 

(2)  Approved the amendment to the Scheme of Delegation of Functions as outlined at paragraph 4.11 of the report;

 

(3)  Noted that the decision made in respect of a sustained objection will be published by the Democratic Services Section and subject to Call-in;

 

(4)    Noted that the Council’s Constitution will be amended at Part 3 to remove the TRO functions from the responsibility of the Appeals Panel;

 

Approved that verbal representations will be permitted as part of the process in exceptional circumstances and noted that the Council will consider its duties under the Equality Act 2010.       


18/12/2018 - Apologies for Absence ref: 384    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 18/12/2018 - Cabinet

Decision published: 18/12/2018

Effective from: 18/12/2018

Decision:

Apologies for absence were received from xxxxxxxxxx


18/12/2018 - Kenfig National Nature Reserve Management ref: 376    Recommendations Approved

The Council is a party to a Lease dated 25th January 2001 for the management of Kenfig National Nature Reserve for a term of 21 years from 1 January 1999 and expires on 31st December 2019.  Authorisation is sought to not renew the lease of Kenfig National Nature Reserve when it expires on 31st December 2019 and to serve the appropriate notice on Kenfig Corporation Trust. 

Decision Maker: Cabinet

Made at meeting: 18/12/2018 - Cabinet

Decision published: 18/12/2018

Effective from: 18/12/2018

Decision:

The Corporate Director Communities sought authorisation to not renew the Lease of Kenfig National Nature Reserve when it expires on 31st December 2019 and to serve the appropriate notice on Kenfig Corporation Trust.  The Management Agreement with the Countryside Council for Wales will come to an end on 31 December 2019 and authorisation was sought to contact Natural Resources Wales to inform that the Council would be vacating Kenfig National Nature Reserve on 31 December 2019.

 

He reported that Cabinet at its meeting on 14 December 2010 authorised officers to work with Kenfig Corporation Trust to develop alternative options for the management of the Nature Reserve.  Cabinet at its meeting on 16 October 2018 agreed changes to the way in which the reserve was being managed due to a lack of response from the Trust to the Council’s requests to grant permission to allow a suitably experienced and qualified organisation to manage the reserve and maximise its potential as a visitor attraction.  Between the 14 December 2010 and the meeting of Cabinet on 11 November 2014, officers carried out a range of actions to support the Trust to identify a new management agent well in advance of the Council leaving the site, unfortunately no decision from the Trust was forthcoming. 

 Cabinet at its meeting of the 11 November 2014 authorised the Head of Regeneration and Development to cease the process of investigating alternative options for the management of the Reserve and to operate it in line with current agreements, prioritising the Council’s statutory obligations to protect the Reserve’s ecological features.  Since February 2015 officers have developed and delivered a number of externally funded projects to add value to the prioritised activities within the Management Plan. 

 

The Corporate Director Communities reported that the Council must comply with all the lease terms and tenant covenants set out in the Lease and the Management Agreement until the date of expiry of the Lease.  He stated that upon expiry of the Lease the Council must ensure that the site is in the state of repair and condition required by the Lease and that the Council properly vacates the site by removing all its equipment, machinery and any signage.  The Lease also states the Council is to remove any additional buildings, additions, alterations or improvements made to the site at the expiration of the term and to make good any damage caused by such removal.  The Council could be required to demolish the visitor centre building prior to the expiry of the Lease, although this has not been raised by the Trust.  If a request is made, an assessment of the cost will be undertaken and a further report to Cabinet if required. 

 

He also reported that Cornelly Community Council currently contributes financially towards the Council’s cleaning costs of the visitor toilets at the Reserve.  When the Council exits the site it will no longer retain any responsibility or provide any service in relation to the visitor toilets.

 

The Cabinet Member Education and Regeneration commented on the importance of the Reserve and its ecology and that officers had attempted to develop alternative options for its management.  He stated that the proposal to not renew the Lease was not driven by the need for the Council to make savings and he hoped that a sustainable management solution could be found.  The Deputy Leader commented on the significance of the area and its rich mix of land and wildlife and he appreciated the way in which the Reserve had been managed.  The Leader commented on the uniqueness of the site which is of international importance and that funding had been secured for conservation works to the dunes via the “Dunes2Dunes” project.     

      

RESOLVED:           That Cabinet:

 

(1)           Determined that Bridgend County Borough   Council will not be renewing its Lease dated 25th January 2001 of Kenfig National Nature Reserve when it expires on 31st December 2019 and that the Council will serve a Section 27(1) Notice under the Landlord and Tenant Act 1954 on Kenfig Corporation Trust.

 

Noted the Management Agreement dated 25th January 2001 will expire on 31st December 2019 and authorise the Council to inform Natural Resources Wales that it will be vacating Kenfig National Nature Reserve on this date. 


18/12/2018 - Outcome of the Consultation 'Shaping Bridgend's Future' ref: 374    For Determination

To inform Cabinet of the outcome of the ‘Shaping Bridgend’s Future’ 2018 consultation which asked citizens to share their views on a number of key budget proposals being considered over the Medium Term Financial Strategy period.

 

Decision Maker: Cabinet

Made at meeting: 18/12/2018 - Cabinet

Decision published: 18/12/2018

Effective from: 18/12/2018

Decision:

The Interim Head of Finance and Section 151 Officer submitted a report which informed Cabinet of the Outcome of the ‘Shaping Bridgend’s Future’ 2018 consultation which asked citizens to share their views on a number of key budget proposals being considered over the Medium Term Financial Strategy (MTFS) period.  She stated that following further reductions in funding from central government, all Councils are continuing to change the way they work and the services they provide so that they can manage with less.  This Council has made reductions from its budget of £30.7 million over the last four years, with an expectation of significant further reductions required.  

 

She explained that respondents were asked to share their views on a range of budget proposals, being considered between 2019-20 and 2022-23, including: proposed increases to council tax; which services to protect and / or cut over others; post 16 transport, nursey education, school budgets, leisure and cultural services, recycling and waste, social services and bus services.  The way in which consultation on the budget proposals has been developed to include new ways for people to participate and engage with the Council, including surveys, social media and drop in sessions with clicker pads.  In addition, the views of young people were gathered, with pupils from all nine comprehensive schools taking part in clicker pad sessions and paper surveys.  Interactive sessions also took place in 15 primary schools.  She stated that the budget consultation overview, document and surveys were made available online via the Council’s website between 24 September and 18 November 2018.  The consultation was aimed at reaching key stakeholders which included citizens, schools, Cabinet Members/ Councillors, local businesses, the third sector, council staff, town and community councils, partner organisations, community and equality groups, youth services/ council and local media.  The consultation was supported by a full communications and promotional plan.  Additionally, methods of engagement included a survey, available both online and in hard copy format; community engagement events, elected member workshops; other meetings / networking events; social media debates and comments and a dedicated Citizens’ Panel survey.       

 

The Interim Head of Finance and Section 151 Officer informed Cabinet that 5,228 responses were received representing a significant increase on the previous year.  She stated that 48% of respondents were not prepared to pay more council tax in order to protect services (than the proposed 4.9% increase).  The most popular services to protect were schools, the care of older people, services for disabled people and leisure services.  She stated that 53% of respondents disagreed with the proposal to ask schools to make budget savings of 1% per year over the next four years.  While 66% of respondents disagreed with the proposal to make savings through reducing day centres or services.  In relation to increasing revenue, 79% of respondents stated that Blue Badge holders should pay for parking, 48% stated Blue Badge holders should pay the same amount as non-Blue Badge holders.  While a further 31% stated that Blue Badge holders should pay a reduced rate.  60% of respondents stated that they would be willing to pay more to access sports facilities, pavilions and parks (10% stated significantly more and 50% stated a small amount more).  48% of respondents stated that the Council should explore the option of charging for shopmobility.  When asked about increased revenue within recycling and waste 53% of respondents were willing to pay an increased charge to £20 for three bulky item collection.  In relation to services most frequently to make cuts, were libraries, arts centres and theatres, sports and recreation services, weed spraying, funding for post-16 transport and separate collection for absorbent hygiene products.   The Interim Head of Finance and Section 151 Officer informed Cabinet that 48% of respondents agreed that nursery provision should be reduced to 15 hours per week in order to make budget savings, while 47% of respondents agreed that funding for post-16 transport should be removed in order to make budget savings.  She stated that 46% of respondents agreed that the bus station should be closed in order to make budget savings. 

 

The Deputy Leader thanked the staff involved in the consultation and acknowledged the contribution made by residents in responding to the consultation, which had seen 5,288 responses via the various consultation mechanisms.  He commented that the responses from residents are in line with the priorities of the Cabinet and the responses would be considered in shaping the budget proposals.  The Leader commented on the common theme emanating from the consultation, in that residents wish to protect schools and care for older people.  He was pleased to see that the consultation team had engaged pupils in the consultation and he praised pupils for wishing to protect services to those who are in greater need than themselves.        

 

RESOLVED:           That Cabinet noted the outcome of the consultation with interested parties detailed in the consultation report.


18/12/2018 - Capital Programme 2018-19 to 2027-28 ref: 375    For Determination

To seek agreement from Cabinet to present a report to Council for approval for a revised capital programme for 2018-19 to 2027-28. 

Decision Maker: Cabinet

Made at meeting: 18/12/2018 - Cabinet

Decision published: 18/12/2018

Effective from: 18/12/2018

Decision:

The Interim Head of Finance sought agreement to present a report to Council for approval of a revised capital programme for 2018-19 to 2027-28. 

 

The Interim Head of Finance reported that since the approval of the capital programme, a number of schemes had been progressed which require the approval of Council.  She informed Cabinet that in respect of the 21st Century Schools Band A Programme, despite site investigation works being undertaken in advance of letting the Pencoed Primary School construction contract, the site required significant cut and fill activities not originally anticipated, resulting in the project costs increasing by £200,000.  It was proposed to meet this additional cost from projected under spends in other Band A schemes.  The Interim Head of Finance informed Cabinet that a budget of £165,000 had been included in the capital programme for the provision of additional accommodation at Cwmfelin Primary School.  However, following design development, the original project estimate was deemed insufficient and despite a value engineering exercise being undertaken, a revised project cost had been received of £235,000, resulting in additional funding of £70,000 over and above the approved budget, which it was proposed would be vired from the school modernisation retention budget.

 

The Interim Head of Finance reported that capital investment of £205,000 had been approved for the establishment of a MASH.  However the MASH had instead moved into Raven’s Court, resulting in costs being considerably less than anticipated, which would release funding of £45,116 for other schemes.  She also reported that capital funding of £1.217m for ICT investment had been approved to deliver agile working, which was dependent on securing a tenant for Raven’s Court.  Following decisions on where to place the MASH, the active marketing of Raven’s Court would no longer be pursued and consequently the investment initially identified was no longer required, which left a balance of £1.201m to be de-committed and used for other schemes.

 

The Interim Head of Finance also reported that funding of £360,000 towards cemetery extensions at Porthcawl and North Cornelly, however due to further investigation and feasibility works an additional £170,000 was required to be funded by prudential borrowing.  She also reported that a capital budget of £1.64m is required for the purchase of replacement highway maintenance vehicles to be funded from within clients’ existing revenue budgets, through revenue contributions to capital or prudential borrowing.  The Interim Head of Finance commented on the need following a review of the ICT estate for an increase of £226.375 funded from a revenue contribution from the existing ICT rolling programme budget.

 

The Interim Head of Finance reported that the procurement exercise for the Porthcawl Resort Investment Focus project had been completed which had increased to £2,924,000; there was a need to revise the match requirement to £1,358,060.  The match funding was made up of a range of external resources and Council funds.  She stated that if opportunities arise to access further external funds, either through ERDF or other sources then these will be targeted in an effort to further reduce the requirement for Council resources. 

 

The Interim Head of Finance also reported that there is significant commercial interest in the land and building (Ty’r Ardd) which houses the Registrar’s Office and Awen’s Reference Library.  There has been an increase in wedding cancellations due to the works taking place on the adjacent land.  With work increasing on the site, it was likely to cause a further increase in wedding cancellations.   Feasibility work has been undertaken on relocating the Registrar’s Office which can be accommodated on the ground floor of Civic Offices.  This would provide a one-off capital receipt from the sale of the land as well as ongoing revenue savings from the closure of a building.  She stated that the indicative capital budget needed to remodel the area of the Civic Offices affected is £275,000, which includes creating a patio area for wedding photos.  The anticipated capital receipt, indicated in the draft valuation report, is expected to be significantly more than the cost of the works. 

 

The Interim Head of Finance reported that the Welsh Government had awarded the Council £2.6m in order to create Welsh-medium childcare provision in Bettws, Ogmore Valley, Bridgend Town and Porthcawl with the four projects costing £650,000 each.  

 

The Interim Head of Finance informed Cabinet that the revised capital programme includes a number of other adjustments which reflect new external funding approvals and changes to expenditure profiles across financial years, which showed a revised programme of £211.185m, of which, £138.408m is met from the Council’s resources, including general Capital Funding from the Welsh Government and £72.777m met from external resources.

 

The Deputy Leader informed Cabinet that due to the nature of the capital programme being over a 10 year period, there would be a need to update the programme from time to time; however the programme is financially sound.  The Leader commented that there are robust procurement processes in place; however variances would occur on construction projects which would not be known until work on site had been commenced.  He stated that cost increases in the capital programme had been minimised and funding from the MASH and agile working projects had been re-allocated.                                                    

 

The Interim Head of Finance informed Cabinet that overspends would be driven down as robustly as possible.    

 

RESOLVED:           That the revised Capital Programme be submitted to Council for approval.


18/12/2018 - Declarations of Interest ref: 373    For Determination

Decision Maker: Cabinet

Made at meeting: 18/12/2018 - Cabinet

Decision published: 18/12/2018

Effective from: 18/12/2018

Decision:

None.