Agenda, decisions and draft minutes
Venue: Conference Room 1a, County Hall, Ruthin
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APOLOGIES Decision: Councillors Bobby Feeley (Lead Member for Social Care, Adult & Children’s Services) and David Smith (Lead Member for Public Realm) Minutes: Councillors Bobby Feeley (Lead Member for Social Care, Adult & Children’s Services) and David Smith (Lead Member for Public Realm) |
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DECLARATION OF INTERESTS PDF 58 KB Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Decision: Councillor Meirick Davies – Personal – Agenda
Item 7 – rents council garage Councillor Martyn Holland – Personal – Agenda Item 5 – governor Bro Famau Councillor Huw Williams – Personal – Agenda
Item 5 – child in Pen Barras Minutes: Councillor Meirick Davies – Personal – Agenda
Item 7 – rents council garage Councillor Martyn Holland – Personal – Agenda Item 5 – governor Bro Famau Councillor Huw Williams – Personal – Agenda
Item 5 – child in Pen Barras |
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URGENT MATTERS 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. Decision: No urgent matters had been raised. Minutes: No urgent matters had been raised. |
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To receive the minutes of the Cabinet meeting held on 13 January 2015 [copy enclosed]. Decision: RESOLVED that the minutes of the meeting held on 13 January 2015 be approved as
a correct record and signed by the Leader. Minutes: The
minutes of the Cabinet meeting held on 13 January 2015 were submitted. RESOLVED that the minutes of the meeting held on 13 January 2015 be approved as
a correct record and signed by the Leader. |
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MODERNISING EDUCATION PROGRAMME - RUTHIN PRIMARY AREA - YSGOL LLANBEDR PDF 88 KB To consider a report by Councillor Eryl Williams, Lead Member for Education (copy enclosed) regarding the recent decision of the Minister for Education and Skills on the future of Ysgol Llanbedr. Additional documents: Decision: RESOLVED that Cabinet – (a) notes
the contents of the Ministerial letter attached at Appendix 1 to the report,
and (b) agrees
for officers to commence consultation with the Church in Wales on the proposal
to close Ysgol Llanbedr and
report back to members. Minutes: Councillor Eryl
Williams presented the report briefing Cabinet on the recent decision of the
Minister for Education and Skills regarding the future of Ysgol
Llanbedr and seeking approval to commence
consultation with the Church in Wales on the proposal to close Ysgol Llanbedr and report back to
members thereon. The Minister had rejected the proposal to close
the school because he concluded that whilst there were sound educational
arguments in favour of the proposal the consultation had been flawed. Following a review of the decision letter
officers had recommended formal consultation with the Diocese on the school’s
future. Officers advised that the
Diocese had alternative options for the school and further information would be
sought during the consultation process to ascertain whether any alternative
proposal addressed all the issues identified.
Cabinet discussed the way forward in light of the information presented
and it was confirmed that the purpose of today’s report was not to debate
school closure but to seek approval to commence consultation with the Church in
Wales. The outcome of those discussions
would be presented to Cabinet in April/May.
It was also clarified that the outcome would not impact on the rest of
the Ruthin area review proposals. Councillor Huw
Williams opposed the school’s closure and was disappointed the matter had been
brought before Cabinet so soon after the Minister had rejected the
proposal. He highlighted that
consultation flaws had been identified despite previous assurances in that
regard from officers and following call in by Communities Scrutiny
Committee. Reference was also made to
the stress caused to school staff, parents and pupils as a result. In considering the next steps Councillor
Williams advised that pupil numbers were increasing and asked that the school
be granted a period of stability in which to flourish – he urged Cabinet not to
instigate formal consultation on the school’s closure but that the matter be
adjourned pending informal discussion with the Diocese in the first
instance. Councillor Joe Welch also
spoke in support of the school, highlighting that funding to progress the Ruthin area review proposals was in place and not reliant
on the school’s closure. He was unhappy
that officers were minded to re-commence consultation on school closure and
raised questions regarding the cost of the consultation process. Councillor Dewi
Owens also urged Cabinet to take time to reflect, particularly in light of
pupil projections, and advocated wider consultation. The following responses were provided to the
issues raised – ·
the
Minister had been satisfied that the Council had a coherent educational case
for the closure of Ysgol Llanbedr
and transfer of pupils to Ysgol Borthyn ·
critically
the Minister was satisfied that the proposal would ensure a fairer and more
equitable distribution of funding between mainstream schools in the county ·
Denbighshire
had been the first local authority to work to the new School Organisation Code
and the consultation flaws identified by the Minister had not been raised
previously at any other forum ·
officers and
members did not necessarily agree with the Minister’s findings and although
judicial review had been considered, it did not constitute best use of time and
resources and the option to re-commence consultation had been recommended
instead – the costs of consultation had been met within service budget ·
informal
discussions would take place with the Diocese in addition to the formal 28 day
consultation period. Consideration would
be given to alternative proposals which addressed the key issues and the
Diocese would be invited to present those proposals to members · the Council was required to tackle surplus places across the whole of Denbighshire and report back thereon to Welsh Government ... view the full minutes text for item 5. |
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IMPLEMENTATION OF THE HOUSING ACT WALES 2014 PDF 89 KB To consider a report by Councillor Hugh Irving, Lead Member for Customers and Communication (copy enclosed) regarding application of the “intentionally homeless” test following implementation of the Housing (Wales) Act 2014. Additional documents: Decision: RESOLVED that Cabinet agree that Denbighshire County Council does not exclude
any of the groups named under section 2 of the report, but rather continues to
apply the “intentionality test” to all of them and publishes its intent to do
so in accordance with Welsh Government direction as detailed in Appendix 1 to
the report. Minutes: Councillor Hugh Irving presented the report detailing the
requirement for Welsh local authorities to determine which groups of homeless
persons it would apply the “intentionally homeless” test to following
implementation of the Housing (Wales) Act 2014 in April 2015. The definition of intentionally homelessness under the new
Act was provided together with details of those groups to which the test could
be applied. Whilst Welsh Government’s
future intention was to remove the intentionality test for all families from
around April 2019 officers considered that, for practical reasons, it would not
be timely or appropriate to remove it from any individual grouping at this
point. Consequently it was recommended
that the Council did not exclude any of those eligible groups but continued to
apply the test to all of them. Officers clarified that approval of the recommendation would
result in no change to the Council’s current policy but would maintain the
existing position until Welsh Government removed the test. The test would remain as a support to people
rather than a punitive measure. Cabinet
discussed with officers the reasons for not removing the intentionality test at
this time and officers provided examples of the types of homeless households
presented to the authority, application of the intentionality test in practice,
and how positive engagement could benefit both individuals and families and
provide sustainable tenancies helping mitigate the business risk to landlords. It was noted that intentionality decisions
were rare and represented approximately 5% of all decisions taken in 2014. Cabinet recognised the benefits of taking an
interim position until the future removal of the test whereby the test was used
in a positive way to encourage cooperation and engagement with households to
address underpinning issues and needs, and develop closer working with partner
agencies in order to deliver a joined up multi-agency framework for homeless
households with unmet support needs. It
was also recognised that this approach would likely relieve pressures on other
Council services, in particular Adult and Children’s Services. The need to take time to establish an
appropriate framework for when the test was removed was also highlighted and
assurances were provided that a consistent approach was being taken by
neighbouring authorities who did not support removal of the test at this time. The Leader queried the financial implications arising from
the recommendations and officers reported that new responsibilities monies was
being provided by Welsh Government as part of the wider additional activities
bestowed on local authorities arising from the implementation of the Housing
Act. It was confirmed that future
reports to Cabinet would contain information on the wider financial context. RESOLVED that Cabinet agree that Denbighshire County Council does not exclude
any of the groups named under section 2 of the report, but rather continues to
apply the “intentionality test” to all of them and publishes its intent to do so
in accordance with Welsh Government direction as detailed in Appendix 1 to the
report. |
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HOUSING RENT SETTING & HOUSING REVENUE AND CAPITAL BUDGETS 2015/16 PDF 72 KB
To consider a report by Councillor Julian Thompson-Hill, Lead Member for Finance and Assets (copy enclosed) seeking approval for the proposed rent increase and the introduction of service charges and to approve the Housing Revenue Account Capital and Revenue Budgets for 2015/16. Additional documents: Decision: RESOLVED
that – (a) the Housing Revenue Account Budget for 2015/16 (Appendix 1
to the report) and the Housing Stock Business Plan (Appendix 2 to the report)
be adopted; (b) rents for Council dwellings be increased in accordance with
the Housing (Wales) Act 2014 to an average weekly rent of £74.93 with effect
from Monday 6 April 2015; (c) rents for Council garages be increased in line with the
increase in rents for Council dwellings; (d) that fixed average service charges of £1.99 per week are
introduced where applicable in line with the Housing (Wales) Act 2014, and (e) a
review of garage sites be undertaken in 2015/16 as part of the Asset Management
Strategy, the outcomes of the review to be reported back to Cabinet when it is
completed and by no later than 31 December 2015 in any event. Minutes: Councillor Julian Thompson-Hill presented the report seeking
approval of the proposed rent increase and introduction of service charges, and
approval of the Housing Revenue Account Capital and Revenue Budgets for
2015/16. The report also included
reference to the Council’s exit from the HRAS system in April 2015 and
Councillor Hugh Irving was pleased to report on the positive engagement of the
four tenant representatives on the HRAS Working Group and their valuable
contribution to that process. Councillor Thompson-Hill guided members through the budget
figures which had been calculated taking into account the new rent policy,
de-pooling of service charges, mechanism for uplifting
rents and the introduction of a fixed service charge where applicable. The Service Charge Officer reported that a
variable service charge had been initially recommended but because 90% of
tenants were on fixed term annual contracts it had been more appropriate to
introduce a fixed term service charge and pass the subsequent savings onto the
tenants. During consideration of the report the following issues were
raised – ·
Councillor Huw Jones
was keen to ensure that the planned review of council garages was undertaken –
it was agreed to include the review in the resolution ·
it was highlighted that some council garages
were not being used appropriately and officers provided assurances that action
would be taken against those using council garages against terms of tenancy ·
an explanation was provided regarding the
application of the criteria for target rents with steps being taken to gradually
increase rents in order to meet Welsh Government target rent figures for each
separate property by 2015/16 ·
there was some dissatisfaction about the Welsh
Government’s calculation of average rents which did not take into account
prosperity within different areas but it was accepted that this element was
outside of the Council’s control ·
members were pleased to note that an element of
new build had been factored into the Housing Stock Business Plan which would
provide good quality accommodation for Denbighshire residents – the need to
publicise this issue as a good news story was reiterated ·
officers confirmed
there was no reliance on Right to Buy sales as a funding source for the Housing
Stock Business Plan with this element having significantly reduced over the
years to just one sale forecast per annum. RESOLVED that – (a) the Housing Revenue Account Budget for 2015/16 (Appendix 1
to the report) and the Housing Stock Business Plan (Appendix 2 to the report)
be adopted; (b) rents for Council dwellings be increased in accordance with the
Housing (Wales) Act 2014 to an average weekly rent of £74.93 with effect from
Monday 6 April 2015; (c) rents for Council garages be increased in line with the
increase in rents for Council dwellings; (d) that fixed average service charges of £1.99 per week are
introduced where applicable in line with the Housing (Wales) Act 2014, and (e) a
review of garage sites be undertaken in 2015/16 as part of the Asset Management
Strategy, the outcomes of the review to be reported back to Cabinet when it is
completed and by no later than 31 December 2015 in any event. At this juncture (11.40 a.m.) the meeting adjourned for a
refreshment break. |
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RECOMMENDATIONS OF THE STRATEGIC INVESTMENT GROUP PDF 104 KB To consider a report by Councillor Julian Thompson-Hill, Lead Member for Finance and Assets (copy enclosed) seeking Cabinet’s support of projects identified for inclusion in the 2015/16 Capital Plan. Additional documents: Decision: RESOLVED that the projects detailed in Appendix 1 to the report for inclusion in the 2015/16 Capital Plan be supported and recommended to full Council. Minutes: Councillor Julian Thompson-Hill presented the report seeking
Cabinet’s support of projects identified for inclusion in the 2015/16 Capital
Plan as recommended by the Strategic Investment Group (SIG) and detailed in
Appendix 1 to the report. Councillor Thompson-Hill guided members through
the report and elaborated upon funding available for capital investment to
one-off projects and block allocations for on-going programmes of work. Reference was made to the work of the SIG in
reviewing bids for allocations together with issues that arose during that
process and a summary of the recommendations.
Due to insufficient capital funding being available to cover all
projects a number of pre-allocations from future capital receipts had been
recommended. Questions were raised regarding the £2m street
lighting replacement programme and it was explained that in order to meet the
requirement to submit applications for Government Salix funding on an annual
basis it was proposed that an annual loan of approximately £335k be taken out
each year over six years on a rolling basis repayable out of the savings made
from the previous year. The programme
involved replacing existing lanterns with new LEA lanterns which should provide
significant savings on energy and maintenance costs. Councillor Bill Cowie reported upon the poor
lighting at the Pelican Crossing in St. Asaph (A525)
since LEA street lighting had been installed and asked
that the matter be investigated before consideration of the proposal at full
Council. Councillor Thompson-Hill agreed
to liaise with Councillor David Smith, Lead Member for Public Realm directly in
that regard. He also responded to
further questions regarding carbon emissions confirming that monitoring of the
council’s buildings was undertaken in that regard and energy efficient schemes
had been introduced in some areas. The Leader felt that the process of reviewing
bids and allocating capital was robust but asked that consideration be given
how to measure value for money and impact of capital investment in future
years. Councillor Thompson-Hill agreed
with that suggestion – he also agreed to provide further details regarding
membership of the SIG in future reports and confirmed that meetings were
generally well attended. RESOLVED that the projects detailed in Appendix 1 to the report for inclusion in the 2015/16 Capital Plan be supported and recommended to full Council. |
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To consider a report by Councillor Julian Thompson-Hill, Lead Member for Finance and Assets (copy enclosed) detailing the latest financial position and progress against the agreed budget strategy. Additional documents:
Decision: RESOLVED that Cabinet – (a) notes
the budgets set for 2014/15 and progress against the agreed budget strategy; (b) approves
the transfer of £100k funding to a reserve to fund school broadband
enhancements in 2015/16, and (c) a
letter be sent to the Welsh Government regarding the Cabinet’s concerns in
respect of the Minister’s proposals in relation to TAITH. Minutes: Councillor Julian Thompson-Hill presented the
report detailing the latest financial position and progress against the agreed
budget strategy. He provided a summary
of the Council’s financial position as follows – ·
a net
under spend on the revenue budget of £639k was forecast for service and
corporate budgets ·
savings of
£7.1m were agreed as part of the budget and at this stage 90% had been achieved
with 10% in progress ·
highlighted
other key variances from budgets or savings targets relating to individual
service areas, and ·
a general update on
the Housing Revenue Account, Housing Capital Plan and the Capital Plan
(including the Corporate Plan element). Cabinet was also asked to approve the transfer
of £100k funding to a reserve to fund school broadband enhancements in 2015/16. Discussion focused on the following – ·
the Corporate
Director Economic and Community Ambition responded to questions regarding Rhyl Harbour Development confirming it had a good uptake
during its first year – a more detailed review would be undertaken following
its first full year of operation ·
concerns
were raised regarding Welsh Government’s budgetary decisions whereby various
grants were being awarded (and in one case removed) at such a late stage in the
financial year that it caused difficulties for Councils planning their
financial strategies and funding plans – particular reference was made to Welsh
Government’s late decision to award Councils £1.5m to spend on play equipment
by the end of March 2015 whilst simultaneously imposing significant budget cuts
– it was considered that if funding was available it should be allocated
beforehand to help shield Councils against the worse cuts ·
concerns were also
raised regarding the future of TAITH as much of the responsibility of that
regional board had been disbanded by the Welsh Government – whilst plans could
be made on a regional basis, local authorities would need to bid for funding
individually and not on a coherent basis. Councillor Eryl
Williams stated that the regional model had worked effectively and
discontinuing that work was a retrograde step and out of line with the Welsh
Government’s vision for regional collaboration – he asked that the matter be
raised directly with the Welsh Government ·
members
also reiterated previous concerns raised over the loss of income from the North
and Mid Wales Trunk Road Agency and impact on the revenue budget ·
it was
noted that changes approved in respect of the School Transport Service would
not impact immediately but would be largely resolved long term ·
updates on the major
capital projects were provided and responses given to questions raised on
individual projects. Councillor Eryl Williams felt there would be merit in providing
pictures of the major projects at full Council. RESOLVED that Cabinet – (a) notes
the budgets set for 2014/15 and progress against the agreed budget strategy; (b) approves
the transfer of £100k funding to a reserve to fund school broadband
enhancements in 2015/16, and (c) a
letter be sent to the Welsh Government regarding the Cabinet’s concerns in
respect of the Minister’s proposals in relation to TAITH. |
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CABINET FORWARD WORK PROGRAMME PDF 120 KB To receive the enclosed Cabinet Forward Work Programme and note the contents.
Decision: RESOLVED that Cabinet’s Forward Work Programme be noted. Minutes: Councillor Hugh Evans presented the Cabinet
Forward Work Programme for consideration.
Members noted that a report on the Long Term Strategy for the
Agricultural Estate would be added to the work programme for March. RESOLVED that Cabinet’s
Forward Work Programme be noted. The meeting concluded at 12.45 p.m. |