Agenda and draft minutes

Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting.

The following interests were identified in business items to be considered at the meeting.

Councillors T.R. Hughes, E.A. Jones, H.Ll. Jones and E.W. Williams declared a personal interest in Agenda Item 6, LDP Decision in Response to Inspector.

Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972.

No items were raised which in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972.

To note the civic engagements undertaken by the Chairman of the Council (copy attached).

A list of civic engagements undertaken for the Council by the Chair and Vice Chair, for the period the 23^rd October, 2012 to 20^th November, 2012 had been circulated with the papers for the meeting.

The Chair referred to the devastating effect of the floods on so many people and their properties, particularly in areas of St Asaph and Ruthin.  She highlighted the determination, spirit and resilience shown by the communities in the areas affected and thanked members of the emergency services, RSPCA, postal workers and all other agencies involved for their efforts under difficult conditions.  A special vote of appreciation was extended to the officers and elected Members of the County Council for the team effort and excellent work undertaken during the extreme circumstances.

The Chair explained that an information report would be provided by the Corporate Executive Team to update Members on the incident, and to provided details of the response recovery work being carried out.  She confirmed that Denbighshire would continue to provide support, advice and assistance during the recovery process.

Councillor D.I. Smith referred to the offers of help received from all parts of the UK and abroad and thanked everyone involved in the sterling work undertaken.  He endorsed the views expressed by the Chair that the County Council and partner agencies had worked well together to respond to the incident.

Councillor W.L. Cowie highlighted the devastating effect of the floods and thanked everyone for the support provided.  He endorsed the sympathy expressed to the family and friends of Mrs Margaret Hughes who tragically lost her life during the floods in St Asaph.

Councillor R.L. Feeley referred to the traumatic experience suffered by many residents, and explained that every effort would be made to identify the reasons for the failure of the flood defences at the Glasdir site in Ruthin.

Councillor J.A. Davies highlighted the effects on families in the smaller communities affected by the flooding, particular reference being made to the Rhuddlan area.  Councillors A. Roberts, H.Ll. Jones, M.Ll. Davies and J.R. Bartley referred to flood incidents in their respective areas and stressed the need to ensure that equal support was provided for all flood victims throughout the County.

RESOLVED – that

(a)    the list civic engagements undertaken for the Council by the Chair and Vice Chair be received and noted, and

(b)    the Chair’s statement relating to the flooding incidents in Denbighshire be received and noted.

To receive the minutes of the meeting of County Council held on the 6^th November, 2012 (copy enclosed).

The minutes of the Council meeting held on the 6^th November, 2012 were submitted.

RESOLVED – that the minutes of the Council meeting held on the 11^th September, 2012 be confirmed as a correct record.

To consider a report by the Policy, Research and Information Manager (copy enclosed) on the consultation on additional housing sites and draft phasing policy.

A copy of a report by the Policy, Research and Information Manager, on the consultation on additional housing sites and draft phasing policy, had been circulated with the papers for the meeting.

The Chief Executive (CE) explained that a decision would be sought from Members in respect of the submission of the list of the additional 21 housing sites, along with the associated phasing policy specific to those additional housing sites, to the LDP Planning Inspector.  The Council’s decision would be submitted to the Inspectors who would form a view as to whether or not the Council had a sound LDP.  Should the Council decide not to submit additional sites it would be failing to address the Inspectors’ findings and the Inspectors would find the Plan ‘unsound’, despite the only issue of concern identified by the Inspectors being housing supply. 

The CE referred to the wider strategic significance of the LDP, a statutory plan, which would have a direct role to play in achieving the priorities of ‘Developing the Local Economy’ and ‘Ensuring Access to Good Quality Housing’ through its policies and proposals.  The LDP would provide a vision for the County for the coming years and influence the future of Denbighshire by instilling confidence in the private sector, encouraging investment and increasing employment prospects. 

It was emphasised by the CE that the LDP had been developed by Denbighshire and the figure of 7500 new houses included in the LDP had been agreed by Council in 2008.  He made reference to the phasing policy and explained that the figure of 7500 was a planning figure and did not specify the number of houses which must be built.  The implementation of the 21 sites to the last phase in the Plan would only allow them to be brought forward if deliverable housing land supply fell below five years, and this would be determined by the market and economy.  It was suggested that when formulating their decision Members may wish to contemplate the importance of Denbighshire having an LDP, the likelihood of the sites being utilised and consideration being afforded to each individual site.

The Head of Planning and Public Protection (HP&PP) summarised the report which detailed the history and key stages since the commencement of the LDP in 2006.  The report highlighted the process adopted, the representations received in response to the consultation on proposed additional housing sites and the draft phasing policy which had been put forward in response to Planning Inspectors’ findings regarding housing need and supply issued in June 2012.

The two main functions of the LDP included the allocation of sites for potential development, and the provision of specific policies to guide and control the way development should be carried out.  It would therefore be a key document in facilitating economic development across the County by allocating land to meet the County’s needs in terms of attracting new employment uses, providing new housing, establishing community and recreational facilities, improving road and other infrastructure.  The successful delivery of two of the Council’s priorities, ensuring access to good quality housing and ‘Developing the local economy, would also be heavily dependent on having an adopted LDP.

The LDP Strategy agreed in 2008 included potential housing growth of 7500.  The vast majority of the potential growth would be accommodated on brownfield land and within existing settlements.  However, this growth level had been below the Welsh Government housing projections for the County of 8500.  Information on population had been included in Appendices 5 and 6 to the report. 

Following agreement at full Council in May 2011, the LDP  ...  view the full minutes text for item 6.

To consider a report by the Head of Planning and Public Protection (copy enclosed) on the revised Statement of Principles under the Gambling Act 2005.

A copy of a report by the Head of Planning and Public Protection, on the revised Statement of Principles under the Gambling Act 2005, had been circulated with the papers for the meeting.

The Head of Planning and Public Protection introduced the report and explained that Section 349 of the Gambling Act 2005 required the Licensing Authority to prepare a Statement of Principles.  The Statement set out how the Council proposed to exercise its functions and regulate and control gambling activities within the County.  It would be reviewed after three years and a new Statement published and agreed by Full Council.  Section 154(1)(c) of the Act states that this function could not be delegated by the Licensing Authority.

The Licensing Committee had approved the draft Statement of Principles for public consultation purposes.  There had been no significant changes proposed to the Statement of Principles, Appendix 1 to the report, and no responses had been received to the consultation process, which had been carried out in accordance with the statutory requirements set out in the Gambling Act.

The requirement of the need for the Council to ensure compliance with the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 (S.I 636 of 2006) was highlighted.  The Regulations governed the form Statements must take, preparation procedures, the review or revision and publication processes.  The Regulations required that a Statement be published by being made available for a period of at least 4 weeks prior to the date when it comes into effect.

The Head of Planning and Public Protection explained that the Act permitted Local Authorities to take a policy decision as to whether or not to allow applications to be made for casinos.  The existing Statement did not allow applications for casinos.  However, this issue would be revisited and any changes presented to Council for a formal resolution.

Members supported a proposal by Councillor M.Ll. Davies that the wording of the recommendation in the report be amended to clarify that there had been no significant changes to the rules in the Statement of Principles.

RESOLVED – that:-

(a)     the Statement of Principles for the Gambling Act 2005, as set out in Appendix 1 to this report, be adopted.

(b)     Council reaffirm not to issue casino premises license.  However, this issue be reviewed by Licensing and Regeneration Officers as soon as possible, as part of the corporate economic ambition priority, and

(c)     the wording of the recommendation in the report be amended to clarify that there had been no significant changes to the rules in the Statement of Principles.

To consider a report by the Deputy Monitoring Officer (copy enclosed) which requested the appointment of Members to act as Champions for the duration of this term of office.

A copy of a report by the Head of Legal and Democratic Services, on the appointment of champions, had been circulated with the papers for the meeting.

Council had been requested to appoint Members to act as Champions in the following areas for the duration of this term of office:-

·        Older People’s Champion

·        Homelessness Champion

·        Carer’s Champion

·        Learning Disabilities Champion

Welsh Government required the appointment of Champions in certain areas and the above identified roles had been formally recognised by the Council’s Constitution. 

The role of Champions in Denbighshire had evolved from the appointment of an ‘Older People’s Champion’ which emanated from the guidance in the Strategy for Older People issued by the Welsh Assembly, that every local authority in Wales should have such a Champion.  Denbighshire had since increased the range of Champions into other areas and when reviewing of its Constitution had, under paragraph 2.6 of Article 2, formally recognised the importance of the role of Champions in specific areas and included the role within the Constitution. 

The process of appointing Champions had been included in the report with Denbighshire’s approach having been to ensure the most appropriate Member be appointed to the respective Champion role.  A clear role description for Champions had been agreed and adopted and draft descriptions for the roles identified in the Constitution had been included as Appendices to the report.  The respective roles had been approved by Council on the 6^th November, 2012 with expressions of interest and CVs being requested for submission by the 16^th November 2012. 

Group Leaders had expressed their support for the appointment of the four Champions identified.  They also supported the view that the Corporate Governance Committee look in detail at whether it would be appropriate for Champions to be appointed in respect of other interests.  Concern had been expressed by SLT regarding the possibility for confusion and duplication between the roles of Champions and Lead Members where the issue to be championed fell within the remit of an individual Lead Member.

The following CVs of elected Members who wished to be considered for appointment had been circulated to Members:-

Councillor R.L. Feeley – Older People’s Champion.

Councillor J.R. Bartley – Learning disabilities Champion.

Councillor J.A. Davies – Carers Champion.

The HLDS explained that as a nomination had not been received for a Homelessness Champion, this appointment could be included in the report on the Future of Champions which would be submitted to the Corporate Governance Committee for consideration. 

Following consideration of the respective CV’s, it was:-

RESOLVED – that Council agrees the following appointments:-

(a)   Councillor R.L. Feeley  be appointed as the Older People’s Champion.

(b)   Councillor J.A. Davies be appointed as the Carer’s Champion.

(c)   Councillor J.R. Bartley be appointed as the Learning Disabilities Champion, and

(d)   the appointment of a Homeless Champion be included in the report to be submitted to the Corporate Governance Committee on the Future of Champions.

To consider the Council’s forward work programme (copy enclosed).

The Head of Legal and Democratic Services introduced the Council’s Forward Work Programme, previously circulated, and Members agreed the following new items be included in the Forward Work Programme:-

Councillor T.R. Hughes referred to the problems experienced in relation to the roll-out of the x2 wheelie bin scheme in the South of the County, and suggested that an item relating to this issue be included in the forward work programme for consideration at County Council.  Councillor C.H. Williams endorsed the concerns expressed and requested that details of costs pertaining to the x2 scheme be provided.

Councillor C. Hughes, explained that this matter had been raised at the Performance Scrutiny Committee meeting, on the 29^th November, 2012, and it had been resolved that this issues be submitted to the Chairs and Vice Chairs Group for consideration for inclusion in the Forward Work Programme of the appropriate Scrutiny Committee.  He had since discussed the matter with the Chair of the Communities Scrutiny Committee and it had been the general consensus of opinion that the matter be referred to the Communities Scrutiny Committee for consideration.  

The CE assured Members that he was confident that the head of service and his team were in the process of addressing the problems experienced.  He confirmed that an investigation would be undertaken and that a report, including details of costs, would be provided in respect of the problems encountered.  Scrutiny would be afforded the opportunity to examine the matter in full and a further report could be submitted to County Council for consideration, if requested my Members.  The CE  emphasised that the priority would be to address the problems experienced to ensure the service provision meets resident’s needs and expectations.

Councillors H.H. Evans and H. Hilditch-Roberts highlighted the need for the circulation of details of the waste collection arrangements for each area during the immediate future.  Councillor D. Smith informed Members that he would be meeting with the Corporate Director: Customers and Head of Environment, on the 5^th December, 2012, to discuss the commencement of the investigations, and to examine the process to be adopted to address the problems encountered. 

Councillor D.I. Smith referred to the Council Briefing on the 21^st January, 2013 and highlighted the importance of the Councillors’ Briefing on the Emergency Planning Process, in the light of recent events.

RESOLVED - that, subject to the above, the Council forward work programme be approved and noted.

Meeting ended at 14.40 p.m.