Councillors Della Hughes and Jane Gebbie declared personal interests in Agenda item 4 as unpaid carers.

The Corporate Director – Communities submitted a report, the purpose of which was to   seek Council approval to consolidate the balance on the Cardiff Capital Region (CCR) Metro Plus Scheme capital budgets in the capital programme against the Porthcawl Metrolink scheme and vire funding from the Porthcawl Regeneration scheme, to meet the additional costs resulting from the tender process for the Metrolink Scheme, subject to Cabinet’s recommendation on this matter dated 7 February 2023.

She explained that the Porthcawl Metrolink project is the provision of a modern bus facility within the heart of the Porthcawl Regeneration area offering a multi bay, fully enclosed building with room for a concessionary stand.

           Cardiff City Region (CCR) through its Metro programme, together with Welsh Government (WG), provide the principal funding mechanism for large strategic transport projects within the region. This included the Porthcawl Metrolink bus facility which, as well as being an important regional strategic transport facility on the South Wales Metro, is also a key piece of infrastructure within the Porthcawl Regeneration site. Without the Metrolink facility the regeneration programme will not be able to proceed as per the approved strategy by facilitating more sustainable modes of transport. 

The Corporate Director – Communities reminded Council that there were currently two Metro schemes presently included in the Capita Programme, as detailed in paragraph as detailed in paragraph 3.4 of the report.

An informal agreement as expanded upon in the report, required that the contract for the Metrolink be let before the end of March 2023 and demonstrable progress be made, in order to retain the funding for spend in 2023-24 until the completion of the project.  As such, if the contract was not awarded by the end of March 2023 there is a significant risk that all unspent regional funding of £2,707,000 will be lost. 

The Corporate Director – Communities added, that remaining Metro funding allocated to the Penprysg project will also have to be spent by 31 March 2023, or this will also have to be returned to CCR.  This project was the subject of an unsuccessful Levelling Up Fund (LUF) bid in 2022 and further progress on this scheme is limited until further funding opportunities are investigated.  However, it is intended to submit the scheme for future CCR Metro programme funding in 2023-24.

She explained that through the tender process undertaken, the highest scoring bidder had submitted a tender with a value which is considerably above the original estimated costs.  The factors involved with the higher than expected bid, included significant increases in the cost of materials and labour since the estimated cost was calculated.

Procurement advice given, was that it is not possible to re-visit the tender evaluation or award the contract to a lower cost bidder, on the basis that there is no additional funding available as doing so would breach transparency and equal treatment requirement.  It would be unlawful to award the contract to anyone other than the bidder assessed to offer the most economically advantageous tender as evaluated against the published award criteria of this tender.  The only other alternative option would be to abandon this tender and re-tender with alternative award criteria and / or a revised specification should additional funding not be forthcoming, in which case, the current tender will be closed-down, making it invalid, and the process started again with a full new tender. For reasons shared in the report and explained to Members in the meeting, this was not considered to be a viable option for the Council to pursue.

The Corporate Director – Communities, advised that there were other additional costs associated with the scheme over and above those associated solely with the tender. This included a contingency fund of £500,000 and project management costs of £75,350. These costs are normal for a project of this nature and will also have to be met from the Capital budget. The total cost of the scheme is £3,836,834. The majority of this cost had been accounted for in the Capital Programme.

In summary therefore, the report requested Council’s approval to transfer all remaining funds for the Metro programme (£961,613 from Penprysg) to the live Porthcawl Metrolink project, in order to maximise the available CCR spend, and to vire £571,221 from the Porthcawl Regeneration capital budget, also to the Porthcawl Metrolink project, to fund this essential infrastructure project.

The Cabinet Members for Communities and Future Generations commended the report and the recommendations contained within it.

A Member advised that seemingly Council had no option other than to support the proposals detailed in the report, as the alternative was to lose a significant amount of monies that we currently have at our disposal, in support of the regeneration of Porthcawl. He asked that in terms of timing, if the Council has not learnt that sufficient time should be allowed for reviewing potential increases in tender processing and allowing for a decision to be reached, to look for an alternative tenderer before any timescale dictates making a decision on the scheme, through the procurement process. He added, what lessons could be learnt that the Council are having value for money for this and other schemes going forward in the future.

The Corporate Director – Communities assured Council that the bid in question was a good, high-quality bid that Cabinet and Management considered to be value for money and that this would not have been placed before Members today, if that was not the case. She pointed out however, that all schemes being put out to tender face an unprecedented risk in terms of price/cost inflation increases. All local authorities were faced with this not just BCBC, she added. This was due to a number of reasons, that included the cost of living crisis, increase in material costs and rising energy bills, amongst others.

She also assured Members that the tender process had been robust with the successful tenderer being a high-level, well regarded contractor.

Funding allocated to the Porthcawl Metrolink therefore had to be fully committed to this project by the end of March 2023, or this would be lost.

Therefore, in summary, this was a fully compliant bid considered as value for money, hence there being no requirement to re-tender for the works. Should the Council have retendered the work, there was a significant possibility that the tender sum would have increased further. In terms of lessons learnt, the Corporate Director – Communities advised that both BCBC and grant funders could look at any ways to improve situations regarding allocation of funding and the requirements around deadlines for when this should be spent, in the future.

A Member felt that that the project detailed in the report, would not only benefit Porthcawl, but it would also be a regional enhancement of improved facilities that others visiting the area would enjoy. He noted that it met the Net Zero Carbon criteria and that the scheme needed to be pursued both in its own right and so as not to lose close on £3m. He asked if there were any commercial opportunities linked to the facility, for example, naming rights and sponsorship and/or advertising hoardings, etc.

The Corporate Director – Communities confirmed that issues such as these could be considered as part of the works.

A Member sought assurance that the delay to proposed works at the Penprysg Level Crossing, Pencoed, due to the lack of LUF, would be pursued at the earliest opportunity.

The Corporate Director – Communities, gave an assurance that this project was a Council priority and therefore, work would be carried out in relation to the scheme (as alluded to in the report), when this was possible.

Details further debate in terms of other Members questions and the responses to these by the Cabinet and Corporate Management Board, can be found here

Following it being moved and seconded, Members agreed to conduct a vote on the recommendation of the report, the outcome of which was as follows:-

For (the recommendation)                        Against                   Absentions

                  38                                                 0                               6

RESOLVED:                                   That Council

agreed to vire funding within the Capital Programme, as outlined in paragraph 8.4 of the report, to enable the Metrolink scheme to progress.

The Corporate Director – Communities presented a report, the purpose of which, was to advise Members of Bridgend County Borough Council’s successful application for Listed Building Consent Delegation and to approve necessary changes to the Constitution and Officer Scheme of Delegation to proceed with the determination of applications for listed building consent for Grade II buildings without the need for referral to Welsh Ministers.

She explained that at a meeting of the Development Control Committee on 9 January 2023, at the request of Cadw, Members of the Development Control Committee were advised that notification had been received from Cadw that it was minded to grant Listed Building Consent Delegation subject to acceptance of a number of requirements. The requirements are set out in full in the report to Development Control Committee, that was attached at Appendix A to the report.

The Corporate Director – Communities added that on 17 January 2023, Bridgend County Borough Council received confirmation from Cadw of its intention to award delegation from 1st February 2023 in the form of a signed Direction. This was attached at Appendix B to the report.

The Council has the authority to determine applications for Listed Building Consent, but subject to the requirement to notify Welsh Ministers in line with Section 13 of the Act.

The Constitution would however, now require a change to the delegation, to add that the Committee can determine applications for Listed Building Consent for Grade II buildings without the need for referral to Welsh Ministers, if it has on any application for Listed Building Consent received and adhered to the advice of the Senior Conservation and Design Officer Moira Lucas.

Similarly, the Corporate Director – Communities stated, that the existing Scheme of Officer Delegation also includes powers for Officers, where appropriate, to determine applications for Listed Building Consent subject to the requirement to notify Welsh Ministers in line with Section 13 of the Act.

The Council’s Scheme of Delegation will require a change to add that these Officers can determine applications for Listed Building Consent for Grade II buildings without the need for referral to Welsh Ministers, if it has on any application for Listed Building Consent received and adhered to the advice of the Senior Conservation and Design Officer Moira Lucas.

The suggested amendment to the wording of the provision of that part of the Constitution affected by the change, was detailed in paragraph 4.5 of the report.

The Corporate Director – Communities added that, the Scheme of Delegation contained presently a delegated power for officers to determine      applications for listed building consent except applications falling within any of the categories of excepted applications from time to time prescribed by the Council (paragraph 6.1(b)). Officers are also given (paragraph 6(1)(c)) delegated powers to determine planning applications in accordance with the scheme approved for the time being by the Council. The suggested amendment is to add the words “and listed building consent applications” into paragraph 6(1)(c) in the Scheme of Delegation was therefore recommended.

Following consideration of the report, Members

RESOLVED:                                 That Council approved the proposed changes outlined in paragraph 4.2 - 4.6 of this report to the Constitution and proposed change to the delegation and the Officer Scheme of Delegations, to add that the Committee and Specified Officers can approve applications for Listed Building Consent without the need for referral to Welsh Ministers if it has on any application for Listed Building Consent received and adhered to the advice of the Senior Conservation and Design Officer Moira Lucas.

The Chief Officer – Finance, Performance and Change, submitted a report, in order to:

·         provide information to Council on the discretionary powers that the Council has with regards to charging higher amounts of council tax on long term empty homes and second homes;

·         inform Council of the outcome of the recent consultation exercise in respect of charging a council tax premium on long term empty homes and second homes; and

·         seek approval from Council that the proposed council tax premiums, as recommend by cabinet on 17 January 2023, be implemented.

By way of background, she advised that from April this year, Councils in Wales were able to charge higher amounts of up to 300% on top of the standard rate of council tax on long term empty homes and second homes. The discretion given to local authorities to charge a premium is intended to be a tool to help authorities to bring long term empty homes back into use and also to support local authorities in increase in the supply of affordable housing within their areas.

There were exceptions where premiums cannot be charged and these were detailed at paragraph 3.5 of the report.

The report before Members, outlined the options available to the local authority with regards to empty properties. Paragraph 3.10 the report, provided details of those local authorities that have applied a premium in Wales. At the current time 11 of the 22 local authorities do charge a premium, whilst other were currently in the process of reviewing their position on this.

In Bridgend, as at the end of October 2022, there were 701 long term empty homes and the details of where these were and how long they have been empty, was shown at paragraph 3.11 of the report.

The Chief Officer – Finance, Performance and Change stated that the Empty Homes Strategy for the Council, seeks to reduce empty properties to contribute towards increasing the availability of housing for sale or for rent. Charging a Council Tax premium on empty properties is in line with the aims of this Strategy, explained the Chief Officer – Finance, Performance and Change.

The report also looked at the proposal to charge a premium on second homes and again details of where this is currently being applied in Wales, was outlined in the report. The Chief Officer – Finance, Performance and Change drew attention to the fact, that in accordance with the Local Government Finance Act 1992, should a decision be made to apply a premium it could not be applied to this category of homes until April 2024.

The proposal to introduce Council Tax Premiums on long term empty homes and second homes, had been the subject of consultation and the matter was reconsidered by Cabinet in January this year. At that meeting it was decided that Cabinet recommended the implementation of a council tax premium on long term empty homes and second homes, to Council, with the proviso that additional work be carried out regarding second homes and wider factors, concluded the Chief Officer – Finance, Performance and Change. 

A Member stated that there was a definite need for home owners to bring their properties back into a habitable state and that there was a real need for further housing, in particular affordable accommodation, in the Llynfi and other valley locations within the County Borough.

The Cabinet Member – Wellbeing and Future Generations agreed with this ie particularly the point that increased housing accommodation was needed for families on low income and to support the homeless etc. He added that there was support for owners of empty properties to assist them to carry out essential remedial works that could then result in the homes being brought back to a habitable condition, for example, through the like of the Housing for Homes Fund. He added that only yesterday, Cabinet agreed a new agreement with Welsh Government that will secure £1.2m of funding to assist homeowners to this end.

A Member felt that the above should not only apply to empty homes but to empty properties also, so she asked if the local authority were thinking of something similar with commercial properties, particularly when being mindful of placemaking in our towns and the number of empty residential properties available there that could be converted into flats, which would result in an increase of housing stock in the County Borough.

The Chief Officer – Finance, Performance and Change advised that the scheme subject of the report, related to Council Tax and residential properties, so she would need to check whether a similar situation would apply to business property. There was a grant available however, to turn properties in town centres into residential accommodation should there be a need to do so and information regarding this was available on the Council’s website.

A Member asked if someone was in long term care, were they still subject to an Empty Homes Premium.

The Cabinet Member – Wellbeing and Future Generations referred Council to paragraph 3.8 of the report which listed exemptions in respect of the above, one of which was those individuals who were in long term care.

In response to a question from the floor, the Leader stated that where a dwelling was being structurally repaired, there was a legislative exemption with regards to Council Tax reduction for up to a period of 12 months.

The Cabinet Member – Wellbeing and Future Generations added that the Houses to Homes scheme did allow owners of properties following a period of 6 months, to access this fund. Therefore, owners would have the opportunity to tap into this funding with a view to carrying out home improvements, prior to them being affected by the terms of the new policy provisions.    

RESOLVED:                                  That Council:-

• Noted the report and the outcome of the consultation, and
• Approved the proposed 100% Council Tax Premiums to be implemented from 1 April 2023 for long term empty homes, and 1 April 2024 for second homes, with these both increasing to 200% after 2 years.
• Noted that a further report will be brought to Council on the wider implications of Council Tax Premiums on second homes prior to deciding whether or not to continue to proceed with implementing the premium from April 2024.