Agenda, decisions and draft minutes

The Leader referred to the sad news that Councillor Peter Scott’s wife, Sue Scott had passed away and spoke for all in passing on their thoughts, prayers, and condolences.

There were no apologies.

There were no apologies.

Councillor Gill German – Personal Interest – Agenda Item 6

Councillor Pauline Edwards – Personal Interest – Agenda Item 6

Councillor Brian Jones – Personal Interest – Agenda Item 5

Councillor Rhys Thomas – Personal Interest – Agenda Item 6

Councillor Emrys Wynne – Personal Interest – Agenda Item 6

Councillor Mark Young – Personal Interest – Agenda Item 6

Councillor Gill German declared a personal interest in agenda item 6 – Ysgol Plas Brondyffryn Project because she was a Director of Denbighshire Leisure Limited

Councillor Pauline Edwards declared a personal interest in agenda item 6 – Ysgol Plas Brondyffryn Project because she was a School Governor of Ysgol Pendref

Councillor Brian Jones declared a personal interest in agenda item 5 – Rhyl BID Re-Ballot because he was a Director of Rhyl BID

Councillor Rhys Thomas declared a personal interest in agenda item 6 – Ysgol Plas Brondyffryn Project because he lived near to the Ystrad Road site and because he was a Director of Denbighshire Leisure Limited

Councillor Emrys Wynne declared a personal interest in agenda item 6 – Ysgol Plas Brondyffryn Project because he had a close personal association to persons living near to one of the sites

Councillor Mark Young declared a personal interest in agenda item 6 – Ysgol Plas Brondyffryn Project because he was a School Governor of Denbigh High School

The Leader allowed a question to be put with regard to vandalism of the 20mph road signs which had recently been rolled out.

The Leader allowed a question to be put with regard to vandalism of the 20mph speed limit road signs which had recently been rolled out.

Councillor Karen Edwards asked who would be responsible for ongoing costs associated with the 20mph scheme, for example vandalised signage, rectifying errors, and any future variations, would it be the Council or the Welsh Government?

The Corporate Director: Environment and Economy advised that the signage was Council property, and the assumption was that any costs relating to vandalism or damage would fall to the Council as it would with any other asset.  The issue relating to future variations was potentially different and it was understood there would be a national review of the scheme and some revised guidance around potential exemptions in future.  If there were any changes to the scheme as part of that revised guidance and future review, the Welsh Government may fund those changes, but the position would need to be confirmed at that time.  Councillor Barry Mellor added that the review would likely be in March 2024 and Welsh Government had confirmed funding would be available for any other exemptions that came forward.  In terms of the vandalism of the 20mph signage, the Council would rectify the damage as soon as possible, and it was also a matter for the Police.

The Leader thanked Councillor Edwards for her question and encouraged members to feedback residents’ views on the 20mph speed limit to inform the future review, and the Member Area Groups would also be involved as part of that process.

To receive the minutes of the Cabinet meeting held on 18 July 2023 (copy enclosed). 

RESOLVED that the minutes of the meeting held on 18 July 2023 be received and confirmed as a correct record.

The minutes of the Cabinet meeting held on 18 July 2023 were submitted.

RESOLVED that the minutes of the meeting held on 18 July 2023 be received and confirmed as a correct record.

To consider a report by Councillor Jason McLellan, Leader and Lead Member for Economic Growth and Tackling Deprivation (copy enclosed) on proposals for a second term for the Rhyl Business Improvement District (BID).

RESOLVED that Cabinet –

(a)      note the contents of the BID Busines Plan (Appendix 1 to the report) and support the recommendation that there are no grounds on which to veto the proposals under the BID Wales (2005) Legislation (paragraphs 4.8 and 4.9 of the report referred);

(b)      authorise officers to complete any necessary legal agreements required for the operation of the BID Levy, ballot and service arrangements and any other necessary matters for the proposed BID;

(c)      confirm that DCC will exercise one of its votes in the BID ballot in support of the BID, and

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

Councillor Jason McLellan presented a report on proposals for a second 5-year term for Rhyl Business Improvement District (BID) and associated arrangements.

The Corporate Director: Economy and Environment introduced the report which detailed the background to the establishment of the Rhyl BID in November 2018 together with the BID development process and legalities in that regard.  The first 5-year term was coming to an end and a new ballot was required if the BID was to continue.  The Corporate Director: Economy and Environment was a Director of the Rhyl BID representing the Council.  Cabinet was asked to consider the following –

·       whether it agreed with officer recommendation that there were no grounds to veto the BID proposal.  The Council could veto a BID proposal if it conflicted with any corporate DCC policy or placed a significantly disproportionate financial burden on any person or class of persons.  Having reviewed the new Business Plan (attached to the report) officers considered neither provision applied, and

·       how the Council (DCC) should use its votes in the ballot.  The Council owned a number of properties in the Rhyl BID area and was eligible to use 20 votes.  The Corporate Director’s view was that BIDs could be a positive force for good and a second term would be beneficial to the ongoing regeneration of the town.  The Business Plan supported the Prosperous Denbighshire theme in the Corporate Plan and the Welsh Government’s view was supportive of the BID.  Therefore, he hoped that the Rhyl BID continued beyond the ballot for a second term and that the business community would be supportive of the continuation of the BID.

The Leader thanked the Corporate Director for the support he had provided throughout the process.  He also thanked Nadeem Ahmed, Chair of Rhyl BID and Abigail Pilling, Manager of Rhyl BID, who he had recently met with Councillor Barry Mellor, and for their attendance at Partnership Scrutiny Committee and he appreciated the work of the Committee and its Chair in scrutinising the proposals.

The Leader advised that a BID gave businesses the power to decide improvements they wanted to make in a geographical area and raise funds to deliver them.  It was a very local form of democracy.  Although DCC was a key stakeholder in the Rhyl BID it was independent of the Council.  However, the BID had struggled to be perceived as independent given comments that it had only succeeded due to DCC having an unjust proportion of the votes.  He believed the BID had the support of businesses, but it was difficult to argue against the negative narrative due to the low turnout.  99 of the 463 eligible votes were cast; the “Yes” vote won by 66 votes but 36 of those “Yes” votes had been cast by DCC. Various reasons could be attributed to the low turnout, but a larger turnout was expected in a re-ballot and that more business would be supportive given what had been delivered over the 5-year term.

The Leader agreed with officers that there were no grounds to veto the BID proposals and he asked Cabinet to carefully consider how to use DCC’s votes in a re-ballot.  He referred to consultations with scrutiny and others, including the recommendation of Rhyl Member Area Group (MAG) that DCC do not exercise its right to vote in the next BID round.  The Leader’s view was that Rhyl BID played a significant role in the town’s regeneration, having delivered some positive initiatives in the first term, and Cabinet should be clear that it supported the BID and wanted to continue working in partnership for the  ...  view the full minutes text for item 5.

To consider a report by Councillor Gill German, Lead Member for Education, Children and Families (copy enclosed) seeking Cabinet endorsement of the preferred site for the progression of the new build project for Ysgol Plas Brondyffryn.

RESOLVED that, by majority vote, Cabinet –

(a)      approve the preferred site for the new build of Ysgol Plas Brondyffryn as the Ystrad Road site, shown as site A on the plan attached in Appendix 2 to the report and to agree to support progression via a planning application;

(b)      agree that the planning application must clearly demonstrate that the loss of recreational space through development on the school playing field will be replaced by alternative outdoor provision of equivalent or greater community benefit, and

(d)      confirms that it had read, understood and taken account of the Well-being Impact Assessment, as detailed in Appendix 3 to the report, as part of its consideration.

Councillor Gill German presented the report seeking Cabinet’s endorsement of the Ystrad Road site (Site A) as the preferred site for progression of the new build for Ysgol Plas Brondyffryn and for a formal planning application to be submitted.

The project was part of the Sustainable Communities for Learning Programme (Band B) approved in September 2020.  The school provided specialist provision for pupils with autism aged 3 – 19 and the proposal was to bring 3 of the 4 current sites together in a purpose-built building and increase capacity to meet demand.

Some background to the project was provided including feasibility works on the new build proposals and consultation with stakeholders on the Ystrad Road site (Site A).  Main issues arising from informal planning consultation related to site selection, loss of sporting facilities and highways access, and responses/mitigation for those issues were provided.  Whilst supporting the need for improved facilities, Denbigh Member Area Group (MAG) had concerns over Site A and officers were asked to review those concerns and assess alternative sites and locations.  Feasibility works were undertaken on an alternative site (Site B) and legal counsel’s advice was provided on the risks to the Council from a planning policy perspective.  The Lead Member and officers could not support progression of Site B due to significant planning restrictions to overcome above and beyond those at Site A, and from an educational perspective given the impact on future development plans for Denbigh High School. However, Site B remained the preferred option for Denbigh MAG. 

Councillor German highlighted mitigation measures to address concerns over Site A.  She drew attention to the Wellbeing Impact Assessment (WBIA) and accepted the overall negative impact on cohesive communities and Denbigh residents and the need for additional mitigation to address all the issues raised.  Community impact had been raised by Councillor Martyn Hogg outside of the meeting and assurances had been provided that it would remain a live issue. Work would be carried out to identify opportunities and maximise benefits of other open spaces in the town in addition to the replacement of the sporting facilities.  Overall, here was a net positive outcome for the proposal with beneficiaries across Denbighshire.

In closing, Councillor German confirmed that it had been a lengthy process and she had been disappointed that an outcome had not been reached to the satisfaction of all but thanked all those involved for their hard work and decorum.  Consequently, she recommended progression of the Ystrad Road site (Site A) for the new build.

Councillor Rhys Thomas raised concerns that the engagement and consultation process, as set out in the School Organisation Code, had not been properly carried out, which he illustrated by drawing attention to documentation from key stakeholders, including Denbigh High School and Denbighshire Leisure Limited, notice of the Council’s intention to apply for planning permission at Site A some twelve months previously, an artist’s impression of the school site some six months before that, and Denbigh MAG not being included in a site meeting with developers.  Councillor Emrys Wynne added that there appeared to have been a catalogue of failures over a period of longer than eighteen months and asked whether there was evidence that Denbigh High School’s Governing Body had expressed a view.  Councillor Gwyneth Ellis also sought further clarity on issues raised by Councillor Martyn Hogg (which he had emailed to all members) with regard to the WBIA.

The Lead Member and officers responded to the issues raised as follows –

·       clarified the role of Cabinet on a strategic level to clearly authorise the submission of a planning application; it would  ...  view the full minutes text for item 6.

To consider a joint report by Councillors Elen Heaton, Lead Member for Health and Social Care and Gill German, Lead Member for Education, Children and Families (copy enclosed) seeking Cabinet approval of the North Wales Regional Partnership Board 10 Year Strategic Capital Plan and Denbighshire’s capital priorities for improved integrated health and social care.

RESOLVED that Cabinet approve the North Wales Regional Partnership Board 10 Year Strategic Capital Plan and agree with Denbighshire’s capital priorities for improved integrated health and social care to meet future needs.

Councillor Elen Heaton presented the report seeking Cabinet approval of the North Wales Regional Partnership Board 10 Year Strategic Capital Plan and Denbighshire’s capital priorities for improved integrated health and social care.

Some background was provided to the establishment of the Regional Partnership Board (RPB) with the aim of facilitating collaboration to improve health and social care across the region.  Welsh Government required all RPBs to develop and implement strategic capital plans to reflect the 10-year view of capital investment needs in the region.  All six local authorities had put forward their capital priorities in relation to integrated health and social care projects to create one regional strategy.  Denbighshire’s projects included the Royal Alexandra Hospital, Denbigh Health and Social Care Programme, and Gerddi Glasfryn, Denbigh.  The Plan was a live document which would be reviewed and updated at least annually and allowed future projects to be added to the capital priority list over the next 10 years.

Councillor Heaton corrected an inaccuracy reported in the press over funding for the Royal Alexandra Hospital discussed at Partnerships Scrutiny Committee.  The partnership element of the funding, approximately 20% of the total funding required, had not been secured.  The necessary forms for the initial scoping and feasibility of the project had recently been approved which was the good news shared with the Scrutiny Committee.  The next stage involved local approval of the necessary forms and if Cabinet approved the recommendations, those priorities would be submitted to the RPB for endorsement and inclusion in the Regional Capital Plan.

RESOLVED that Cabinet approve the North Wales Regional Partnership Board 10 Year Strategic Capital Plan and agree with Denbighshire’s capital priorities for improved integrated health and social care to meet future needs.

To consider a report by Councillor Julie Matthews, Lead Member for Corporate Strategy, Policy and Equalities (copy enclosed) seeking Cabinet approval of the updated Denbighshire Procurement Strategy.

RESOLVED that Cabinet –

(a)      confirms that it had read, understood and taken account of the Well-being Impact Assessment (Appendix 2 to the report) as part of its consideration, and

(b)      approves the updated Procurement Strategy (Appendix 1 to the report) that supports Denbighshire’s priorities and wellbeing goals, and its role in Denbighshire’s preparation for upcoming public procurement regulations changes.

Councillor Julie Matthews presented the report seeking Cabinet approval of the updated Denbighshire Procurement Strategy.

The report introduced the new and updated Denbighshire Procurement Strategy needed to reflect and support the current corporate priorities and wellbeing goals, and to align to the upcoming UK Government Procurement Bill and the Social Partnership and Public Procurement (Wales) Act.  The new legislation sought to ensure both value for money and socially responsible procurement and there were also opportunities to support the Council’s corporate priorities.

The Strategy included three specific outcomes for the Council to –

·       improve the contribution its procurement activity had on the local economy

·       work in partnership with its supply chain to achieve a 35% reduction in carbon emissions to contribute to the aim of a net zero public sector by 2030

·       achieve value for money from the goods and services it procured

The Interim Head of Legal, HR and Democratic Services and Collaborative Procurement and Framework Manager highlighted the key areas of the Strategy.

Cabinet welcomed the Strategy and positive opportunities it presented, particularly with regard to local businesses and increasing local spend, engaging in social partnerships, reducing carbon emissions, addressing the wellbeing agenda, and working with regional partners.  Given the wealth of changes the Leader advocated member training and engagement.  Officers agreed a Member Workshop could be arranged, which would be particularly useful for Cabinet given their responsibilities for awarding contracts, to better understand the new requirements.

Cabinet discussed various aspects of the Strategy with officers who elaborated on the advantages of local procurement and initiatives such as “Meet the Buyer” event in order to engage with local businesses to build capacity and confidence in the local market and ensure they were best placed to bid for and win contracts.  In addition, the new legislation provided a flexible procedure which would enable the Council to support the local supply chain and ensure it placed local suppliers in the best position possible to bid.  Cabinet was also pleased to note that the Strategy would support a number of themes in the corporate plan, including a prosperous Denbighshire, a greener Denbighshire, and a well-run, high performing Council.  Councillor Gill German was proud that the Welsh Government had taken the lead in this process with the Social Partnership and Public Procurement (Wales) Act.

RESOLVED that Cabinet –

(a)      confirms that it had read, understood and taken account of the Well-being Impact Assessment (Appendix 2 to the report) as part of its consideration, and

(b)      approves the updated Procurement Strategy (Appendix 1 to the report) that supports Denbighshire’s priorities and wellbeing goals, and its role in Denbighshire’s preparation for upcoming public procurement regulations changes.

To consider a report by Councillor Gwyneth Ellis, Lead Member for Finance, Performance and Strategic Assets (copy enclosed) updating Cabinet on the performance of the treasury management function and to demonstrate compliance with treasury limits and Prudential Indicators during 2022/23.

RESOLVED that Cabinet –

(a)      note the performance of the Council’s Treasury Management function during 2022/23 and its compliance with the required Prudential Indicators as reported in the Annual Treasury Management Report 2022/23 (Appendix 1 to the report), and

(b)      confirms it has read, understood and taken account of the Wellbeing Impact Assessment (Appendix 2 to the report) as part of its consideration.

The Head of Finance and Audit presented the report updating Cabinet on the performance of the treasury management function and demonstrating compliance with treasury limits and Prudential Indicators during 2022/23.

The Head of Finance and Audit highlighted the main points in terms of borrowing and investment activity.  There had been a number of maturing loans and £30m of new borrowing, that amount would significantly increase the following year when borrowing on behalf of the Welsh Government who would be funding the repayments for the coastal defence schemes.  Investment activity was all short term and related to cash waiting for expenditure which was borrowed just before it was needed.  Members were also guided through those prudential indicators detailed in Annex B confirming appropriate ratios of financing costs and borrowing levels within limits.  The ratio of financing costs to net revenue stream was just below 7% which would likely change in future given the Council’s future borrowing commitments and the expected low level of settlements going forward.

Cabinet noted that Governance and Audit Committee monitored the treasury management function and had scrutinised the report.  The Head of Finance provided a summary of the matters raised during that debate.  He also reported on a training session in the autumn aimed specifically for Governance and Audit Committee on treasury management, but all members were encouraged to attend.

RESOLVED that Cabinet –

(a)      note the performance of the Council’s Treasury Management function during 2022/23 and its compliance with the required Prudential Indicators as reported in the Annual Treasury Management Report 2022/23 (Appendix 1 to the report), and

(b)      confirms it has read, understood and taken account of the Wellbeing Impact Assessment (Appendix 2 to the report) as part of its consideration.

To consider a report by Councillor Gwyneth Ellis, Lead Member for Finance, Performance and Strategic Assets (copy enclosed) detailing the latest financial position and progress against the agreed budget strategy.

RESOLVED that Cabinet note the budgets set for 2023/24 and progress against the agreed strategy.

The Head of Finance and Audit presented the report detailing the latest financial position and progress against the agreed budget strategy.

A summary of the Council’s financial position was provided as follows –

·       the net revenue budget for 2023/24 was £250.793m (£233.696m in 2022/23)

·       an overspend of £3.119m was forecast for service and corporate budgets

·       highlighted current risks and assumptions relating to corporate budgets and individual service areas

·       detailed savings and efficiencies and increases in fees and charges (£8.172m)

·       provided a general update on the Housing Revenue Account, Treasury Management, Capital Plan and major projects.

The increase in the forecasted overspend on service and corporate budgets from £2.395m last month to £3.119m was highlighted.  The report included an assumed £700k income around waste financing which would need to be removed as it had since been confirmed that funding would not be received in the current financial year.  Spend on other items, such as school transport, would be known next month which would provide a clearer picture overall.  Services were reviewing their expenditure and income to mitigate the impact of the overall budget spend and other in-year action was being taken including exercising greater controls over recruitment, details of which had been shared with all members.  Whilst the budget mitigation reserve could be used to cover the overspend in the current year, it would reduce the resources available to meet unforeseen pressure in future years.

The Leader was grateful to the Head of Finance and Audit for the report which outlined the very difficult position facing the Council and difficult decisions ahead.

RESOLVED that Cabinet note the budgets set for 2023/24 and progress against the agreed strategy.

RESOLVED that Cabinet’s forward work programme be noted.

The Cabinet forward work programme was presented, and members noted an extra item for November relating to the Re-tendering of Support Living Contracts.

RESOLVED that Cabinet’s forward work programme be noted.

The meeting concluded at 1.15 pm.