Agenda, decisions and draft minutes

Due to the current restrictions on travel and requirement for social distancing as a result of the coronavirus pandemic the meeting was held remotely by video conference and was not open to the general public.  All members had been given the opportunity to attend as observers and the Local Democracy Reporter had also been invited to observe.

Councillor Paul Penlington (Lead Signatory for Business Item 4) was unable to attend due to work commitments to present his request to call in the Cabinet decision, although he did join the meeting towards the end of the discussion on the business item.

Councillor Paul Penlington (lead signatory to the call-in request for agenda item 4) had submitted apologies due to unavoidable work commitments.  It was noted that Councillor Mabon ap Gwynfor would address the Committee in his absence.

The following members declared a personal interest in agenda item 4 Review of Cabinet Decision relating to 21st Century Schools Programme Band B Proposals –

Councillor Meirick Davies – School Governor Ysgol Cefn Meiriadog

Councillor Huw Hilditch-Roberts – Parent Ysgol Brynhyfryd / School Governor Ysgol Pen Barras

Councillor Hugh Irving – School Governor Prestatyn High School

Councillor Merfyn Parry – School Governor Ysgol Bryn Clwyd and Ysgol Gellifor

Councillor Arwel Roberts – School Governor Ysgol y Castell

Co-opted Member Neil Roberts – School Governor Ysgol y Parc

Councillor Peter Scott – School Governor St. Asaph VP Infants School

Councillor Glenn Swingler – School Governor Ysgol Pendref

Councillor Graham Timms – Ysgol Dinas Bran

Councillor Emrys Wynne – School Governor Ysgol Brynhyfryd & Ysgol Borthyn

The following members declared a personal interest in agenda item 4 Review of Cabinet Decision relating to 21st Century Schools Programme Band B Proposals –

Councillor Meirick Davies – School Governor Ysgol Cefn Meiriadog

Councillor Huw Hilditch-Roberts – Parent Ysgol Brynhyfryd / School Governor Ysgol Pen Barras

Councillor Hugh Irving – School Governor Prestatyn High School

Councillor Merfyn Parry – School Governor Ysgol Bryn Clwyd and Ysgol Gellifor

Councillor Arwel Roberts – School Governor Ysgol y Castell

Co-opted Member Neil Roberts – School Governor Ysgol y Parc

Councillor Peter Scott – School Governor St. Asaph VP Infants School

Councillor Glenn Swingler – School Governor Ysgol Pendref

Councillor Graham Timms – School Governor Ysgol Dinas Bran

Councillor Emrys Wynne – School Governor Ysgol Brynhyfryd & Ysgol Borthyn

The Chair informed the Committee that a second call-in request of a Cabinet decision had been received following the publication of agenda and papers for the current meeting.  With a view to expediting the second call-in request within the timescale set out in the Council’s Call-In Procedure Rules he had agreed for the matter to be discussed at the current meeting as an urgent item of business.

Consequently, supplementary papers relating to the request and the Cabinet’s decision of the 22^nd September 2020 to dispose of land adjacent to Ysgol Pendref, Denbigh had been published on 1^st October 2020 and would be considered under business item 5 at the current meeting.

The Chair declared that he intended to include for discussion (as item 5 on the agenda) the following matter requiring urgent attention – Review of Cabinet decision relating to ‘Disposal of land adjacent to Ysgol Pendref, Denbigh’.

The item related to a second call-in request received subsequent to convening the Committee and the Chair had agreed for the matter to be discussed as an urgent item of business with a view to expediting the call-in request within the timescale set out in the Council’s Call-In Procedure Rules.  The supplementary papers relating to the call-in request had been published on 1 October 2020.

To consider a report by the Scrutiny Co-ordinator (copy attached) which seeks the Committee, based on the written and verbal information provided, to review the Cabinet’s decision of 22 September 2020.   

Vote taken: 10 in favour, 0 against, 0 abstentions

The Committee:

Resolved:  that detailed information be provided to all county councillors by early 2021 on the 21^st Century Schools programme, to include –

(i)           background to the funding and the prioritisation process followed to determine which schools merited benefiting from investment and when;

(ii)          details of the investment already made in the county’s schools and the current position; and

(iii)        a clear outline of future plans, subject to the availability of Welsh Government and Council funding, to make Denbighshire County Council schools fit for the 21^st Century

Following the Committee agreeing the above resolution the signatories to the call-in request indicated their agreement that the request to review the Cabinet decision should no longer proceed.

The Chair explained that in accordance with the council’s constitution the Committee had been convened to consider a call-in request submitted in respect of a decision taken by the Cabinet on 22 September 2020 relating to ‘21st Century Schools Programme – Band B Proposals’.  The Cabinet had resolved to –

·         approve the commencement of projects at Ysgol Plas Brondyffryn / Denbigh High School, Denbigh; Ysgol Bryn Collen / Ysgol Gwernant, Llangollen and Ysgol Pendref, Denbigh as part of the first phase of projects for Band B of the 21st Century Schools Programme and the submission of these proposals to Welsh Government, and

·         to continue to seek additional funding for the second phase of projects of Band B and to review the position in 18 months to ascertain options for the delivery of some of these projects.

A call-in notice had been submitted by Councillor Paul Penlington, supported by four other councillors, calling for a review of the decision on the following grounds –

“…I wish to call in this decision in order that the authority can properly review PHS [Prestatyn High School] need as it stands in 2020 fairly alongside other schools.  As the largest secondary school in the county, and only secondary school in Prestatyn it has as good a case for improvement as others scheduled for Band B funding.”

The Scrutiny Coordinator introduced the report (previously circulated) setting out the ‘call-in’ procedure rules and basis of the ‘call-in’ request and she also explained the procedures to be followed at the meeting.  Reference had been made to the appendices to the report including the Cabinet report considered on 22 September 2020 together with a report on the ‘Process for Band B Submission’ which had been brought forward from the Committee’s next scheduled meeting given that it contained useful information relating to the current review of the Cabinet decision.

In the absence of Councillor Paul Penlington, Councillor Mabon ap Gwynfor read out a statement on his behalf.  Councillor Penlington had submitted that –

·         the Cabinet decision had been based on Cabinet meetings as far back as 2017 and Prestatyn High School (PHS) had not featured at that time nor did it currently feature in any 21st Century Schools funding

·         when queried earlier in the year he was told PHS may possibly be considered in 2024 which was not robust enough to meet the needs of children in Prestatyn

·         councillors had not had an opportunity to scrutinise the process that led to the Cabinet decision on 22 September and had been excluded from any process that led to it over recent months, and he had been unable to join the discussion and properly ask questions at Cabinet due to council online meeting failures

·         the situation within PHS had changed significantly since 2017 and the school was in urgent need of substantial improvement, if not a completely new school

·         he had been advised pupil numbers were reducing which was incorrect – PHS had 1800 learners three years ago and a consistent 1500 learners since then

·         Prestatyn primary schools were struggling to cope with demand and with one secondary school there was potential for significant difficulties in the near future

·         the current and future financial climate was uncertain and without a definite commitment to PHS it may not receive any substantial improvement for years

·         as far as he was aware PHS had been built in 1956 with few enhancements since then and no major improvements and so required swift improvement.

The Lead Member Councillor Huw Hilditch-Roberts, Interim Head of Education and Principal Manager – School Support were in attendance.  The  ...  view the full minutes text for item 4.

To consider a report by the Scrutiny Co-ordinator (copy attached) which seeks the Committee, based on written and verbal information provided, to review the Cabinet’s decision of 22 September 2020.

Vote taken: 7 in favour, 0 against, 0 abstentions

The Committee:

Resolved:  to uphold the decision and to recommend to Cabinet that it -

(i)           revisit the decision in light of the vision for future social and affordable housing as set out in the draft new national development framework ‘Future Wales – the National Plan 2040’;

(ii)          therefore delay the decision in relation to this particular site for 12 months until the new national development framework is agreed;

(iii)        consider options to make the land more attractive to social landlords and smaller developers by breaking it up into smaller parcels/plots; and

(iv)        does not create an oversupply of large unaffordable homes in Denbigh which do not meet the local need

[This item was considered as a matter of urgency, notice having been given by the Chair at the commencement of the meeting].

The Chair introduced a report (previously circulated) on the call-in request submitted in respect of a decision taken by the Cabinet on 22 September 2020 relating to the ‘Disposal of land adjacent to Ysgol Pendref, Denbigh’.  The Cabinet had resolved to –

·         approve the disposal of land adjacent to Ysgol Pendref, Denbigh outlined in red on the plan (Appendix A to the report) which is surplus to Council requirements on the open market for residential development and delegates authority to the Lead Member for Finance, Performance and Strategic Assets to approve the final sale, and

·         confirms it has read, understood and taken account of the Well-being Impact Assessment (Appendix B to the report) as part of its consideration.

A ‘call-in’ notice had been submitted by Councillor Glenn Swingler, supported by four other councillors.  At the Chair’s invitation Councillor Swingler set out the grounds for calling the review of the decision as follows –

1.    This is more land owned by Council being sold for a quick fix to fill budget holes.

2.    Upper Denbigh has up to 300 houses being built on the NWH (North Wales Hospital) site and more (mostly) unaffordable housing is not required.

3.    The land is presently farm land.  We should be encouraging more people into farming.  We don’t yet know the effects of Brexit on food security and now would be a foolish time to dump this land.

4.    Although it mentions the land not being suitable for a new build for Ysgol Pendref it was only a very, very short time ago Cabinet agreed to the new 21st century schools programme and to commence a scoping exercise.  Has that been completed already?

5.    Once land belonging to the people has been sold to private enterprises there is no going back.  How are cabinet certain the land will not be needed in the future.

6.    We must surely be building more social housing.

The Lead Member Councillor Julian Thompson-Hill, Programme Manager – Housing Development and Principal Valuation and Estates Surveyor were in attendance.  The Lead Member clarified the location of the site in Denbigh which related to 6.97 acres.  He also responded to the grounds put forward for the call-in request as follows –

·         the land was held within the Housing Revenue Account (HRA) and therefore any capital receipt from the sale would be ring-fenced for the HRA and could not be used elsewhere.  The HRA had three sources of income to deliver its programme of works for which capital receipts was a key element.  An assumption about the sale of the land had been built into the rolling 30 year housing stock business plan so if a capital receipt could not be achieved there would be less funding available to deliver new social rented homes or maintenance on existing housing stock

·         in terms of housing numbers in the current Local Development Plan (LDP) there was no inclusion for any of the enabling developments at the North Wales Hospital Site currently and the council’s allocations and affordable housing policies made no assumptions of any affordable units on that particular site.  This site, amongst others, had been allocated to partially address housing needs for all kinds of tenure within Denbigh and would deliver twice the number of affordable units that would be required under the terms of the LDP

·         the land was not farmland having been allocated for residential purposes in the LDP in 2013 following all the appropriate processes and consultation stages.  The  ...  view the full minutes text for item 5.