Chief Executive’s Department Complete Agenda Swyddfa’r Cyngor CAERNARFON Gwynedd LL55 1SH

Meeting

THE COUNCIL

Date and Time

1.00 pm, THURSDAY, 8TH DECEMBER, 2016

* NOTE

This meeting will be webcast

http://www.gwynedd.public-i.tv/core/portal/home

Location

Siambr Dafydd Orwig, Council Offices, Caernarfon, Gwynedd, LL55 1SH

Contact Point

Eirian Roberts

01286 679018

[email protected]

(DISTRIBUTED 30/11/16)

Dilwyn Williams Chief Executive www.gwynedd.llyw.cymru

WEDNESDAY, 30 NOVEMBER 2016

Dear Councillor,

MEETING OF GWYNEDD COUNCIL – THURSDAY, 8 DECEMBER 2016

YOU ARE HEREBY SUMMONED to attend a meeting of GWYNEDD COUNCIL which will be held at 1.00 pm on THURSDAY, 8TH DECEMBER, 2016 in SIAMBR DAFYDD ORWIG, COUNCIL OFFICES, CAERNARFON, GWYNEDD, LL55 1SH, to consider the matters mentioned in the following agenda.

Yours faithfully,

Chief Executive

The following rooms will be available for the political groups during the morning:-

Plaid Cymru - Siambr Dafydd Orwig Independent – Siambr Hywel Dda Llais Gwynedd – Ystafell Gwyrfai Liberal Democrats - Ystafell Peris Labour – Rear of Siambr Dafydd Orwig

AGENDA

1. APOLOGIES

To receive any apologies for absence.

2. MINUTES 5 - 17

The Chairman shall propose that the minutes of the previous meeting of the Council held on 6th October, 2016 be signed as a true record. (attached)

3. DECLARATION OF PERSONAL INTEREST

To receive any declaration of personal interest.

4. THE CHAIRMAN'S ANNOUNCEMENTS

To receive any Chairman’s announcements.

5. CORRESPONDENCE, COMMUNICATIONS OR OTHER BUSINESS

To receive any correspondence, communications or other business brought forward at the request of the Chairman.

6. URGENT ITEMS

To note any items which are urgent business in the opinion of the Chairman so they may be considered.

7. QUESTIONS

To consider any questions the appropriate notice for which have been given under Section 4.19 of the Constitution.

8. PRESENTATION BY THE POLICE AND CRIME COMMISSIONER FOR NORTH WALES

To receive a presentation by the Police and Crime Commissioner for North Wales.

9. PRESENTATION ON THE COUNCIL'S FINANCIAL POSITION AND PROGRESS MADE WITH ACHIEVING THE CUTS OF THE GWYNEDD CHALLENGE

To receive a presentation by the Cabinet Member for Resources, the Chief Executive and Head of Finance.

10. COUNCIL TAX PREMIUM ON EMPTY HOMES AND SECOND 18 - 58 HOMES

To consider the report of the Leader (attached).

11. COUNCIL TAX REDUCTION SCHEME 2017/18 59 - 63

To consider the report of the Cabinet Member for Housing, Customer Care and Libraries Deprivation and Equality (attached).

12. REVISION TO OFFICERS' SCHEME OF DELEGATION AND 64 - 71 FINANCIAL PROCEDURE RULES

To consider the report of the Monitoring Officer (attached).

13. ARRANGEMENTS FOR LOCAL GOVERNMENT ELECTIONS 2017 72 - 74

To receive a presentation (including a video presentation) on the work of encouraging and preparing prospective candidates for the May 2017 elections.

Agenda Item 2 THE COUNCIL Thursday, 6 October 2016

THE COUNCIL THURSDAY, 6 OCTOBER 2016

Present: Councillor Eric Merfyn Jones (Chairman); Councillor Annwen Daniels (Vice Chair)

Councillors: Stephen Churchman, Lesley Day, Gwynfor Edwards, Dyfed Edwards, Elwyn Edwards, Thomas Ellis, Alan Jones Evans, Dylan Fernley, Jean Forsyth, Gareth Wyn Griffith, Gwen Griffith, Selwyn Griffiths, Alwyn Gruffydd, Annwen Hughes, John Brynmor Hughes, Louise Hughes, Sian Wyn Hughes, Jason Humphreys, Peredur Jenkins, Aeron M.Jones, Aled Wyn Jones, Brian Jones, Charles W. Jones, Elin Walker Jones, John Wynn Jones, Sion Wyn Jones, Eryl Jones-Williams, Beth Lawton, Dilwyn Lloyd, June Marshall, Dafydd Meurig, Dilwyn Morgan, Linda Morgan, Dewi Owen, Edgar Wyn Owen, Michael Sol Owen, William Tudor Owen, Nigel Pickavance, Caerwyn Roberts, Gareth A. Roberts, John Pughe Roberts, W. Gareth Roberts, Mair Rowlands, Angela Russell, Dyfrig Siencyn, Mike Stevens, Gareth Thomas, Ioan Thomas, Hefin Underwood, Ann Williams, Eirwyn Williams, Elfed Williams, Gethin Glyn Williams, Gruffydd Williams, Owain Williams, R. H. Wyn Williams and Mandy Williams-Davies.

Officers present: Dilwyn Williams (Chief Executive), Iwan Trefor Jones (Corporate Director), Dafydd Edwards (Head of Finance Department), Geraint Owen (Head of Corporate Support), Iwan Evans (Head of Legal Service / Monitoring Officer), Rhun ap Gareth (Senior Solicitor – Services / Deputy Monitoring Officer), Vera Jones (Democratic Services Manager), Anthony Williams (Strategic Planning and Performance Manager) (for item 9 on the agenda), Gareth James (Member Support and Scrutiny Officer) (for item 10 on the agenda) and Eirian Roberts (Member Support Officer).

Also present:- Dr Einir Young (Chair of the Standards Committee) (for item 11 on the agenda)

Apologies: Councillors Endaf Cooke, Craig ab Iago, Anwen Davies, Trevor Edwards, Aled Evans, Gweno Glyn, Simon Glyn, Chris Hughes, Anne Lloyd Jones, Dyfrig Jones, Linda A.W.Jones, W.Roy Owen, Peter Read, Glyn Thomas, Hefin Williams and John Wyn Williams.

1. MINUTES

The Chairman signed the minutes of the previous meeting of the Council held on 30 June, 2016, as a true record.

2. DECLARATION OF PERSONAL INTEREST

The following members declared a personal interest in item 15(a) on the agenda – Notice of Motion from Councillor Owain Williams, for the reasons noted:-

 Councillor Elwyn Edwards - because he is a member of the Gorsedd.  Councillor Aeron M. Jones - because the motion discusses an individual who works with him.

The members were of the opinion that they were prejudicial interests, and they withdrew from the meeting during the discussion on the item..

3. THE CHAIRMAN'S ANNOUNCEMENTS

Welcome

Page 5 THE COUNCIL Thursday, 6 October 2016 Three new members, namely Councillors Dylan Fernley, Gareth Griffith and Edgar Owen, were welcomed to their first meeting of the full Council. Congratulations

 The Wales football team on reaching the semi-final round of Euro 2016.  Everyone from Gwynedd who had been successful at this year's National Eisteddfod in Abergavenny.  Meirion Committee on their organisation of this year's Royal Welsh and to everyone from Gwynedd who had been successful there.  The organisers of the International Sheep Dog Trials held at Sandilands, Tywyn in September. The Welsh Team, with their Captain, Medwyn Evans from Llanfachreth, Dolgellau, won this year's five nations championship.

Also, the following world champions from the Corris / Mawddwy Ward:-

 Elfyn Evans on winning the British Rallying championship, twenty years after his father, Gwyndaf Evans, won the same championship. It was also noted that Elfyn was currently in the lead at the R2 Championship in the World Championships.  Osian Pryce on winning the World Championship for young drivers.  Rachel Atherton for winning the mountain biking World Championship.

Other Matters

All Council staff who responded to the Festival Number 6 parking difficulties were thanked. It was noted that there had been special efforts made by the Council workforce, the local community, and other agencies such as the Red Cross, in offering practical assistance to a great number of people; and each staff member who helped mitigate the impact of the inclement weather on festivalgoers was thanked.

Following a pre-Council presentation to acknowledge 90 years since the Peace March through Caernarfon, it was noted that the Great War Memorial Garden, which opened in July in Caernarfon Castle, would remain open throughout the time the poppies were on display at the Castle. There would also be a Remembrance for Peace exhibition, where a remembrance book with the names of 35,000 soldiers of Welsh descent or who served in the Welsh regiment and were killed during the First World War, would be on display.

4. QUESTIONS

(1) Question from Councillor Sian Wyn Hughes -

“Recently, I attended an excellent course for councillors on the new Well-being Act. The course was outstanding, but it was disappointing to see so few members present.

I would like to ask the Cabinet Member, on average, how many councillors attend courses that are arranged for us on days that are in the meetings calendar; and, has any consideration been given to making some courses mandatory, for example, those involving important legislation, in order to ensure Members' attendance?"

Councillor Dyfrig Siencyn, Deputy Leader, responded

(The Cabinet Member's written response was distributed to the members in advance).

"A written response has been prepared, and we have received figures via email showing the percentages for two types of training the Council offers members. Page 6 THE COUNCIL Thursday, 6 October 2016 Those figures show that, in some circumstances, it is a very low percentage of councillors who take advantage of training. I was present at the training Sian refers to and it was quite special, and each member who came out of that meeting had been inspired, and the standard of the presentations were very high indeed. And there are elements of this kind of training that provide councillors with vital information for making informed decisions, and, as such, councillors are encouraged to attend these sessions. The only thing I would add, as one who worked full time up until some time ago at the far end of this county, is that I sympathise with those who cannot attend training meetings. In fact, I had a rule, if training was held further afield than Porthmadog, I would not attend. But, fair play, the Council does also offer training in Penrhyndeudraeth in order to make the training more accessible to members. I also believe that there is room for us to look at the way in which we provide training. It is possible for us to do much more on the Internet and we can follow and track that work and I believe that we will have to develop this further. I also believe, as I've said many times in the past, that there is room for us to consider holding training sessions at our area fora - small half hour, yet relevant, tidbits perhaps, and we would, therefore, have the opportunity to hold other discussions at the same time."

Supplementary question from Councillor Sian Wyn Hughes -

"Would the Cabinet Member agree that these percentages are very disappointing and would he be willing to ask the Democratic Services Committee look at ways to increase Members' attendance at training sessions, including making some courses mandatory and publish a record of members' attendance at training courses on the Council website?"

Councillor Dyfrig Siencyn, Deputy Leader, responded

"I fully agree, and I believe that it is an issue to which the Democratic Services Committee must give serious consideration. The difficulty with the word 'mandatory' is how do you punish a member if he/she does not attend that training? That is rather difficult, but I certainly believe that introducing training in different ways should be considered, so that it is available to members anywhere, and that they can record whether they've undergone that training online. But, certainly, I'm very willing for the Democratic Services Committee to thoroughly consider the issue once again."

(2) Question from Councillor Sion Jones

"Is it possible for the cabinet member for Regeneration to explain the future of Cist Gwynedd?"

Councillor Mandy Williams-Davies, Cabinet Member for Economy and Community responded

(The Cabinet Member's written response was distributed to the members in advance).

"Cist Gwynedd is a range of grants which are delivered by the Economy and Community Department. It is a very valuable package which supports community work. The answer has been circulated, explaining that the sum of money comes from various directions - from the Council, from Welsh Government, from private companies and renewable energy and also, increasingly, from community benefit clauses that are submitted. So, it is funded through a number of sources. One of the most popular funds is the Voluntary Development Fund and, this year, £80,000 of capital and £46,000 of revenue funds are available for distribution. This capital is an annual bidding procedure, so it is perhaps difficult to warrant its continuation Page 7 THE COUNCIL Thursday, 6 October 2016 in future other than with regard to the sum that's currently available. The revenue fund, however, will continue in 2017/18 as it currently stands."

A supplementary question by Councillor Sion Jones

"Is it possible for the member to confirm that there will be an increase in the Cist Gwynedd expenditure next year and could she perhaps sit with me to discuss the importance of this funding for the communities of Gwynedd?"

Councillor Mandy Williams-Davies, Cabinet Member for Economy and Community responded

"As has been explained in the answer, Cist Gwynedd is not subject to Her Gwynedd 2017/18 savings or cuts and I would also like to remind the member that we all attended the meeting to decide the very painful cuts and had a choice of what we would be prioritising at the workshops. We as a Council approved the package. One part of the Cist's fund was halved and this was approved because I remember the member voicing his concern at that time. But, perhaps we all understand that there was a choice subsequently: if we made savings in one place, then something else would come back and the member did not suggest bringing anything else back, if I remember righly. Nevertheless, half the revenue is still available and we have to remember that savings have been made to the regeneration support officers who help attract more grants for communities with the aid of this fund."

(3) Question by Councillor Louise Hughes

"Is it possible to have an update on the current situation regarding the future of public toilets in Gwynedd?"

Response from Councillor John Wynn Jones, Cabinet Member for the Environment

(The Cabinet Member's written response was distributed to the members in advance).

"The question is a little premature. You are aware that we are looking at a cut involving the closure of 50 out of 73 toilets but that, after the decision taken in March, we have come up with an alternative plan and that plan delivers a saving of almost £250,000. We took this to the scrutiny committee before it was taken to Cabinet and the Cabinet approved our pursuit of this alternative plan. The alternative plan requires that community councils contribute to their local toilets and we have been out talking to community councils and we shall continue to do so. They were required to come to a decision by the end of September as to whether they intended to contribute or not. If they said that they did not, they would then have to consider whether those toilets would close. It is premature for us to come to a decision as the end of September was only last week and, as such, work is just starting. We have also had requests to exped the date so that councils can meet and come to a decision. I'm glad to say that some have been added to those we had at the end of the month. We intend to discuss with these councils who are willing to move forward, to seek to take over the service and we will also look into the community toilets - of which there are 36 in the county at present, but the answer that was distributed is comprehensive."

Supplementary question by Councillor Louise Hughes

"Can you confirm whether the activities of Gwynedd Council are fully legal and whether other local authorities in Wales are doing the same?" Page 8 THE COUNCIL Thursday, 6 October 2016

Response from Councillor John Wynn Jones, Cabinet Member for the Environment

"I can confirm that this is entirely legal and that many other authorities are acting in much the same way as we are."

5. SUBMISSION OF A PETITION

Councillor Stephen Churchman submitted a petition to the Chairman on behalf of 62 users of the Pentrefelin Centre requesting that the 40mph / 60mph sign for the village be moved closer toward Porthmadog to, at least, the 'Pentrefelin' sign. This is in order to allow traffic coming from the direction of Porthmadog at speeds of 60mph to have time to slow down before reaching the entrance / exit to the Centre.

The Chairman thanked the member for the petition, noting that he would refer it to the relevant department.

6. GWYNEDD COUNCIL PERFORMANCE REPORT 2015/16

The Leader submitted a report which recommended that the Council approve the document as a balanced, fair and accurate reflection of the Council’s performance in 2015/16, and to adopt the report.

The Leader thanked the Chief Executive and the team of officers involved with the work.

Members were given an opportunity to ask questions or make observations. During the discussion, the following main matters were highlighted:-

 The proprietorial rights in England to turn empty farm buildings into permanent dwellings were referred to and an inquiry made into the possibility of having the same rights in Wales. In response, the Leader noted that the former minister, Jane Davidson, had taken legislation through the Assembly at the time to make it easer for developments, such as residential dwellings, to take place on farms. He suggested that he could undertake some work jointly with the Cabinet Member for Development to see whether that legislation had created opportunities, and if not, this could be submitted to Government as evidence.  The Council was congratulated on producing a user friendly report, using images to highlight facts.  Referring to the Opinion of the Residents' Panel (page 21 in the agenda), the importance of concentrating on the negative was emphasised (e.g. the 17% who are of the opinion that the Council does not meet their needs, rather than the 83% who believe the opposite) using any complaints as a resource for improving the service, in accordance with the culture of Ffordd Gwynedd.  Referring to National Strategic Measures EDU/002i (the percentage of all pupils (including those in local authority care)... who are leaving compulsory education, training or work based learning, without a recognised external qualification) and EDU/002ii (the percentage of pupils in local authority care,... who leave compulsory education, training or work based learning, without a recognised external qualification) (page 41 in the agenda), it was noted that it would be beneficial to obtain a comparative figure in future in order to see whether the situation is deteriorating across the range of all pupils or this group only.  In response to a query about the impact that losing European funding would have on the Council's budget, it was noted that Gwynedd Council had created an investment of £300,000,000 as a result of European funds over the years in the form or core / match funding or private sector investment and that there was a 'danger' that the county would never see such sums again. There was mention that regions such as north west Wales and the Valleys, who had been in receipt Page 9 THE COUNCIL Thursday, 6 October 2016 of this core funding, would neither be considered nor be given special designation and that these areas were in need of funds that corresponded to that which Objective One and Convergence funds provided. The question was raised as to what the councillors could do to help the Council. In response, the Leader noted that he intended to write to the leader of the Wales Local Government Association who sits on a committee set up by the First Minister of Wales, requesting that the representative submit a letter to that committee. A letter could also be written to the Prime Minister and to the Secretary of State for Wales and his Vice-secretary. Councillors could also raise awareness of this within their communities, and if correspondence was shared with members, this could form the basis of letters from town councils, groups of community councils, organisations etc. He noted further that he would consider the best way of harnessing this and of including an element of collaboration across the board so that the message was completely clear.  An observation was made that the percentage of those questioned (page 22 of the agenda) stood at around 1% of the population of Gwynedd and the question was posed as to whether this figure would likely be increased. An enquiry was also made as to the cross-section of men / women and the age of those questioned. In response, the Leader explained that it was the Gwynedd Residents Panel who formed the basis of this questionnaire and the opinion thereupon. He added that research could be conducted into ways of extending the questionnaire on the Performance Report, especially over the internet and twitter, going after specific cohorts, such as young people, as was done with the consultation on Her Gwynedd.  Concern was expressed about the increasing tendency to remove condition 106 agreements at this Council and at the National Park Authority. In response, the Leader noted that, in order to prevent people from succeeding at appeal, the condition had to be robust in the first place. He added that the Communities Scrutiny Committee had been looking at the 106 conditions and on affordable houses and had concluded that the system worked quite well.  Schools' staff and the Department of Education were thanked for the great steps taken to improve the standards of education in the schools and reference was made to specific examples of that success, such as the 13.5% improvement in the TL2+ since 2012 and the improvements in pupil attendance. The £56m investment in buildings was also referred to and it was noted that an open day would be held for all members of the new Ysgol Hafod Lon in Penrhyndeudraeth on Saturday, 19 December.

RESOLVED to approve the report as a balanced, fair and accurate reflection of the Council’s performance in 2015/16, and to adopt the report.

7. ANNUAL REPORTS OF THE SCRUTINY COMMITTEES 2015/16

The Deputy Leader made a short presentation to set the context.

Submitted - annual reports of the three scrutiny committees for 2015/16.

The Corporate Scrutiny Committee

The Chairman of the Corporate Scrutiny Committee, Councillor Jason Humphreys, provided details on the terms of reference and work of the committee during 2015/16, and he thanked the former chair, Councillor Dyfrig Jones, members of the committee and officers for their support.

During the discussion the following matters were raised:-

 It was noted that adopting a policy of charging a higher rate of council tax on holiday homes could have a negative effect on the economy as there would be a Page 10 THE COUNCIL Thursday, 6 October 2016 number of houses in the county that local people would not wish to purchase. In response, it was noted that this issue would be on the agenda of the next scrutiny committee meeting on 20 October, and the members would doubtlessly look at the issues in detail.  Concern was expressed at local companies' lack of success in tendering for contracts, such as to provide school meals, etc., and the importance of keeping the benefits local was emphasised. In response, it was agreed that there was a need to keep on top of the situation and confirmation given that the members' observation would be given consideration. Furthermore, the scrutiny committee received regular reports on category management and on keeping the benefits local.  It was suggested that devolving business rates of county councils in Wales, as had happened in England, would be a grave mistake as a number of places were losing out because of it and Gwynedd received a fair settlement in terms of business rates.

Communities Scrutiny Committee

The former Chair of the Communities Scrutiny Committee, Councillor Angela Russell, discussed the committee's remit in 2015/16 in detail, thanking the current Chairman, Councillor Caerwyn Roberts, committee members and officers for their support.

During the discussion the following matters were raised:-

 It was noted that the new system of three weekly refuse collection worked well in general, but that there was need to bear in mind the need for flexibility, e.g. in areas where there was a high density of homes.  The fact that the Cabinet Member had accepted all the recommendations of the Homelessness Scrutiny Investigation.  The question was posed as to the way the scrutiny committee felt about the changes with the brown bins. In response, it was noted that the results were not yet known, but that the arrangements would have to be put to the test and to wait and see how things developed. The Council would have to maximise the materials that were being recycled to avoid polluting the earth whilst bearing in mind that the Council was facing massive cuts.  It was noted that the workforce needed to be reminded to close the side flaps on recycling lorries to prevent recyclable materials from falling onto the roadsides. In response, it was noted that new seals had now been put on the lorries.

Services Scrutiny Committee

The Chair of the Services Scrutiny Committee, Councillor Beth Lawton, provided details on the terms of reference and work of the committee during 2015/16, thanking the former chair, Councillor Peter Read, members of the committee, and officers for their support.

During the discussion the following matters were raised:-

 Concern about the implications of Deprivation of Liberty and financial risk to the Council. In response, it was noted that members of the Services Scrutiny Committee had undergone training in the field and had recommended that every councillor be offered the same training. The Council had identified the risk and was currently working on this and the scrutiny committee would also keep an eye on what's going on.  Concern about the Cabinet's decision to contribute a sum of £750,000 toward area committees in the field of education. In response, it was noted that members would have the opportunity to ask questions about this at the next Page 11 THE COUNCIL Thursday, 6 October 2016 Preparatory Meeting and it was believed that there would be representation from the scrutiny committee on the working group in this field.

The Leader thanked the chair persons, vice-chairs, and members of the three scrutiny committees for all their work.

8. ANNUAL REPORT OF GWYNEDD COUNCIL’S STANDARDS COMMITTEE 2015/16

Dr Einir Young, Chair of the Council's Standards Committee, was welcomed to the council to present the Standards Committee's annual report for 2015/16.

Dr Einir Young spoke in detail about the committee's main aim of promoting and maintaining high standards of conduct among councillors and co-opted members of Gwynedd Council and community and town councils in Gwynedd, referring to the committee's membership and the work completed in 2015/16. She thanked the Monitoring Officer and other officers who had supported the committee.

Dr Einir Young was thanked for submitting the report.

9. ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

Submitted – the report of the Monitoring Officer notifying the Council members of changes made to the Constitution Officers Delegation Plan in order to implement the Anti-social Behaviour, Crime and Policing Act 2014.

10. THE COUNCIL’S POLITICAL BALANCE

The Leader submitted a report reviewing the Council's political balance due to three new members being elected to the Council and two members changing their political groups.

It was explained:-  That the recommendation did not fully reflect the political balance, and that this was due to previous decisions taken by the Council, based on discussions at the Business Group, to attempt to retain experience and specialty within the different committees with only a few months to go until the local government elections in May.  In accordance with procedures, members would have to vote for the proposal unanimously.  That the most recent change to the political balance meant that there was a basis for review that would lead to change in the Council's membership on the Eryri National Park Committee, but as there were only a few months to go until this current Council ended, it was suggested that the distribution set up in May 2012 be retained.

A registered vote was called for on the motion and over a quarter of members voted in favour of that.

Concern was expressed by a member that the Llais Gwynedd Group was losing its only seat on the Local Consultation Joint Committee. That member, who also chaired the Corporate Scrutiny Committee which dealt with staff matters, noted that it was through the Joint Committee that he obtained information as to what went on in the field. In response, the Leader explained that this was mathematics and, as the Llais Gwynedd Group had lost a seat at Council and the Independent Group had gained a seat, this would have to be reflected in the seats that were distributed. He warned that, if a member were to vote against the recommendation, the Llais Gwynedd Group would lose the seat regardless and would also lose a seat on the Eryri National Park Authority. He also noted that there would be no meetings of the Local Consultation Joint Committee between now and the May elections. Page 12 THE COUNCIL Thursday, 6 October 2016

Several members expressed their support for the recommendation.

According to Procedural Rules, the following vote on the motion was recorded:-

In favour of the motion: (54) Councillors:- Stephen Churchman, Annwen Daniels, Lesley Day, Gwynfor Edwards, Dyfed Edwards, Elwyn Edwards, Thomas Ellis, Alan Jones Evans, Dylan Fernley, Jean Forsyth, Gareth Wyn Griffith, Gwen Griffith, Selwyn Griffiths, Alwyn Gruffydd, Annwen Hughes, John Brynmor Hughes, Louise Hughes, Sian Wyn Hughes, Peredur Jenkins, Aeron M.Jones, Aled Wyn Jones, Brian Jones, Charles W. Jones, Elin Walker Jones, Eric Merfyn Jones, John Wynn Jones, Eryl Jones- Williams, Beth Lawton, Dilwyn Lloyd, June Marshall, Dafydd Meurig, Dilwyn Morgan, Linda Morgan, Dewi Owen, Edgar Wyn Owen, Michael Sol Owen, Nigel Pickavance, Caerwyn Roberts, Gareth A.Roberts, John Pughe Roberts, W. Gareth Roberts, Mair Rowlands, Angela Russell, Dyfrig Siencyn, Mike Stevens, Gareth Thomas, Ioan Thomas, Hefin Underwood, Eirwyn Williams, Elfed Williams, Gethin Glyn Williams, Gruffydd Williams, R. H. Wyn Williams and Mandy Williams-Davies.

Abstentions: (0)

Against: (0)

RESOLVED (a) To adopt the allocation of seats on the Council’s committees in accordance with the table below:–

SCRUTINY COMMITTEES

Plaid Independent Llais Labour Liberal Individual Cymru Gwynedd Democrats Member

Corporate 9 5 2 0 1 1

Communities 10 5 1 1 1

Services 10 4 2 1 1

Audit 10 5 2 1

OTHER COMMITTEES

Plaid Independent Llais Labour Liberal Individual Cymru Gwynedd Democrats Member Democratic 8 5 1 1 Services

Language 8 4 2 1

Planning 8 4 1 1 1

Central 8 5 2 Licensing Employment 3 1 1 1 1 Appeals

Chief Officers 8 4 1 1 1 Page 13 THE COUNCIL Thursday, 6 October 2016 Appointment

Number of 82 42 15 8 4 3 154 seats

Plaid Independent Llais Labour Liberal Individual Cymru Gwynedd Democrats Member Pensions 3 2 0 1 1

Local Joint 6 3 0 1 1 Consultative Committee Special 3 2 1 1 Educational Needs Joint Committee Joint Planning 4 2 1 1 Policy (3 seats Committee and one substitute) SACRE 4 2 1

Total seats 102 53 18 11 5 5 194

APPENDIX B

Corff Plaid Independent Llais Labour Liberal Individual Cymru Gwynedd Democrats Member Snowdonia 4 2 2 1 0 0 National Park (now) Change in 5 2 1 1 0 0 accordance with the balance Fire 3 1 1 0 0 0

The Leader asked that the message be conveyed to Raymond Harvey, Registration Officer, and the team, thanking them for their outstanding work over the past few months in administrating three by-elections, an Assembly election and the European Referendum, noting that their contribution had been invaluable.

11. ABSENCE OF A MEMBER OF THE COUNCIL

The Leader submitted a report recommending that the Council approve the absence of Councillor Peter Read from meetings of the Council as he had been unwell for some time and was undergoing treatment which affected, and would likely continue to affect, his ability to attend formal meetings of the authority.

It was agreed that the Leader of the Llais Gwynedd Group would send a word to Councillor Peter Read and that the Council would also do so on an official basis.

RESOLVED - to approve the absence of Councillor Peter Read from meetings of the Council because of personal circumstances in accordance with Section 85 of the Local Government Act 1972, enabling him to continue to be a member of Gwynedd Council. Page 14 THE COUNCIL Thursday, 6 October 2016

12. NOTICES OF MOTION

(a) Submitted - the following notice of motion by Councillor Owain Williams, in accordance with Section 4.20 of the Constitution, and it was seconded:-

"I propose that we as a Council convey our disappointment to the Gorsedd of the National Eisteddfod for their refusal to honour our national football team for their great contribution toward our identity and self-respect as a nation, by their refusal to acknowledge and honour them during the most recent Eisteddfod at Abergavenny.

For this, I call upon them to reconsider and to give the team all the respect they deserve, and this at the first opportunity."

A member explained that a member of the Gorsedd must nominate / second someone to be received to the Gorsedd by the closing date each year and the fact that no one had yet nominated / seconded the football team was not the same as saying that the Gorsedd had refused to honour them. Also, the Council had no influence over the Gorsedd, which is an independent body. In light of this, an improvement to amend the proposal as follows was proposed and seconded:-

"That the Council congratulates the Wales National Football Team on its recent success in the European Championship. In particular, we are proud of their success in promoting the Welsh language and Welsh identity giving it its rightful place as our national language internationally. Our clear message to them simply, is, thank you. In light of the fact that the Council has no influence over the internal workings of the Gorsedd, we encourage members of the Grsedd to consider honouring the team or key individuals within the football association when the opportunity arises for them to make a contribution."

Several members expressed their support of the principal of honouring the football team in some way for managing to put Wales on the map.

The proposer of the original motion agreed to amend the motion along the lines mentioned with the permission of the Council and the seconder.

A vote was taken on the amended motion, and it was carried.

RESOLVED - That the Council congratulate the Wales National Football Team on its recent success in the European Championship. In particular, we are proud of their success in promoting the Welsh language and Welsh identity giving it its rightful place as our national language internationally. Our clear message to them, simply, is thank you. In light of the fact that the Council has no influence over the internal workings of the Gorsedd, we encourage members of the Gorsedd to consider honouring the team or key individuals within the football association when the opportunity arises for them to make a contribution."

(b) Submitted - the following notice of motion by Councillor Dyfed Edwards, in accordance with Section 4.20 of the Constitution and it was seconded:-

"Following the recent Referendum on membership of the European Union we as a Council note that the people of Gwynedd voted clearly to remain members of the EU despite the fact that Wales and the rest of the British Isles voted against. Following this result, we as a Council state again that we are proud to live in a diverse and tolerant society.

Page 15 THE COUNCIL Thursday, 6 October 2016 Racism, xenophobia and hate crimes have no place in Gwynedd. As a Council, we condemn racism, xenophobia and hate crimes and we will not allow hate to become acceptable.

We will work to ensure that local organisations and schemes receive the assistance they require to fight against and prevent racism and xenophobia. We also give assurances to everyone living in this area that they are valued members of our society."

A registered vote was called for but was not supported by a quarter of the members present.

During the discussion:-

 A recent article in the press was referred to which featured the daylight attack on a woman at a supermarket car park in Bangor. It was emphasised that this Council condemned any kind of xenophobia or crimes against those people whom we welcome into our community, and a call was made to lend every possible support to local agencies and third sector organisations who were helping refugees.  It was noted that the proposal suggested that everyone who voted to leave the European Union was guilty of racism, xenophobia and hate crime. To the contrary, it was noted that this motion drew attention to the fact that some people had interpreted the result of the vote as a means of expressing racist views.

It was proposed and seconded that an improvement to amend the motion by deleting the first part referring to the result of the vote and beginning with the wording "We restate".

The proposer of the original motion noted that the referendum and the vote to leave had led to attacks on people who had moved in or who were of different racial backgrounds, since some people had assumed that they now had the right to be racist, whereas before, they were not. The motion stated that the result of the referendum in Gwynedd found in favour of remaining members of the communities of Gwynedd, Wales and Europe, and hoped that the majority interpreted the motion in this way.

A vote was taken on the amendment and it fell.

Reference was made to two factual errors in the proposal, namely:-

 'British Isles' in the English version - it was noted that this must be corrected to read UK as the British Isles included the Republic of Ireland.  That it was not true to say that the rest of the countries of Britain had voted in favour of leaving the European Union as Scotland and Northern Ireland had voted to remain.

It was proposed and seconded that a further improvement be made to begin the motion with the following sentence:-

"Whilst Gwynedd Council acknowledges and respects the result of the referendum on Europe, we share the concern that a small minority of people have taken this opportunity to express racist standpoints during the discussions. We once more declare..."

A vote was taken on the amendment and it fell. Page 16 THE COUNCIL Thursday, 6 October 2016

A vote was taken on the original proposal (with the corrections noted) and it was carried.

RESOLVED - following the recent Referendum on membership of the European Union we as a Council note that the people of Gwynedd voted clearly to remain members of the EU despite the fact that Wales and that some parts of the United Kingdom had voted against. In light of this result, we as a Council state again that we are proud to live in a diverse and tolerant society.

Racism, xenophobia and hate crimes have no place in Gwynedd. We as a Council condemn racism, xenophobia and hate crimes and we will not allow hate to become acceptable.

We will work to ensure that local organisations and schemes receive the assistance they require to fight against and prevent racism and xenophobia. We also give assurances to everyone living in this area that they are valued members of our society.

The meeting commenced at 1.00 pm and concluded at 3.50 pm

CHAIRMAN

Page 17 Agenda Item 10 MEETING: Full Council

DATE: 8 December 2016

CABINET MEMBER: Councillor Dyfed Edwards, Council Leader

COUNCIL TAX PREMIUM ON LONG TERM EMPTY TITLE: PROPERTIES AND SECOND HOMES

Formal ratification for 2017/18 of previous decisions not to allow any discounts for second homes and to disallow discount on empty properties. OBJECTIVE: Formal ratification for 2018/19 of decisions not to allow any discounts for second homes and to disallow discount on empty properties, and to resolve whether to charge additional Council Tax on these properties.

AUTHOR: Dafydd L Edwards, Head of Finance

EXECUTIVE SUMMARY 1. The Council has resolved annually since 1998 to allow NO discounts to second homes. 2. The Council has resolved annually since 2009 NOT to allow a discount in respect of empty properties. 3. Section 139 of the Housing (Wales) Act has added Sections 12A and 12B to the Local Government Finance Act 1992 to include a discretionary right for Councils to raise an additional “premium” of no more than 100% on long-term empty homes (Section 12A) and second homes (Section 12B). 4. The Council must make its first determination to raise a "second homes premium" at least one year before the start of the financial year to which it relates. That is, if the Council is to raise a premium for 2018/19 onwards, the full Council will have to make a decision before 31 March 2017. 5. The "year’s notice" clause is not relevant to long-term empty properties, but it is assumed that the Council would wish to come to a decision on these, and to introduce a premium, at the same time as any premium for second homes. 6. Current Regulations provide the Council with the discretion to charge full Council Tax, or to allow a 25% or 50% discount, to classes of second homes, and to allow a 50% discount, to allow a lower percentage of discount, or no discount at all, to long-term empty properties that have been empty for 6 months or more.

Page 18 RECOMMENDATIONS 7. At its meeting on 22 November 2016, the Cabinet resolved to recommend the following to the Full Council: For the 2017/18 Financial Year: 1. That Gwynedd Council allows NO discount under Section 12 of the Local Government Finance Act 1992 for 2017/18 to the two classes of second homes (classes A and B) as defined in the Council Tax (Prescribed Class of Dwellings) Regulations (Wales) 1998. 2. That Gwynedd Council allows NO discount for 2017/18 in respect of empty properties (class C). For the 2018/19 Financial Year: 3. That Gwynedd Council allows NO discount on class A second homes for 2018/19, under Section 12 of the Local Government Finance Act 1992. 4. That Gwynedd Council allows NO discount and RAISES A PREMIUM OF 50% on class B second homes for 2018/19, under Section 12B of the Local Government Finance Act 1992. 5. That Gwynedd Council allows NO discount and RAISES A PREMIUM OF 50% on homes that have been empty for 12 months or more for 2018/19, under Section 12A of the Local Government Finance Act 1992. 8. The Cabinet Decision Notice has been included as Appendix 1 INTRODUCTION 9. For the purposes of collecting Council Tax, regulations have categorised 'second homes' into two classes, namely classes A and B. Class C refers to empty properties:  Class A – Second homes which are unoccupied and furnished, with a restriction on occupancy for a period of at least 28 consecutive days in any 12 month period.  Class B – Second homes which are unoccupied and furnished.  Class C – empty and unfurnished properties, and have been as such for a period of over 6 months. 10. A link to Section 139 of the Housing (Wales) Act 2014, which amends the Local Government Finance Act 1992, is found below: http://www.legislation.gov.uk/anaw/2014/7/part/7/enacted 11. The Act defines a long-term empty property, for the purposes of raising a Council Tax Premium, as follows: “a dwelling is a “long-term empty dwelling” on any day if for a continuous period of at least 1 year ending with that day it has been unoccupied, and it has been substantially unfurnished”.

Page 19 12. The terminology used in Section 12B is not “second homes” or “holiday homes” but rather “dwellings occupied periodically”. The Act states that the conditions for a property to be subject to a “second home” Council Tax premium is, “there is no resident of the dwelling, and the dwelling is substantially furnished”. That is, the property is not anyone’s main home, but it has been furnished. The Act does not include any provision to be able to distinguish on the basis of where the owner lives, or if it is used for the purposes of holidays. 13. The amended Act contains a provision which gives Welsh Ministers the right to issue Statutory Guidance on administering the premium. This guidance was published in January 2016, and can be found along following the link: http://gov.wales/docs/dsjlg/publications/localgov/160122-guidance-implementation-of- council-tax-premiums-en.pdf 14. The Act also contains a provision giving the Welsh Ministers the right to impose certain exceptions (in classes) where a Council Tax premium cannot be imposed. This was done through the Council Tax (Exceptions to Higher Amounts) (Wales) Regulations 2015 (SI 2015/2068) which came into force on 31 January 2016. The table below outlines the exemptions where a Premium cannot be raised: Classes of Definition Type of property Dwellings that is eligible for an exemption from paying the premium Dwellings being marketed for sale – time- Class 1 limited for one year Dwellings being marketed for let – time- Class 2 limited for one year Long-term Empty Annexes forming part of, or being treated Properties and Class 3 as part of, the main dwelling Second Homes Dwellings which would be someone's sole Class 4 or main residence if they were not residing in armed forces accommodation Occupied caravan pitches and boat Class 5 moorings Seasonal homes where year-round Class 6 Second Homes occupation is prohibited Class 7 Job-related dwellings

Table 1: Execptions where a Premium cannot be raised

Page 20 POLICY OBLIGATIONS Second Homes 15. In 2012 the Welsh Government published ‘Homes for Wales: A White Paper for Better Lives and Communities’. This highlighted the problems of housing supply and set out proposals for a programme of actions to address it. One of the proposals was to give local authorities a discretionary power to charge higher rates of Council Tax on long-term empty properties. Following pressure from some local authorities, including Gwynedd, to extend such powers to include second homes, a further consultation was undertaken in September 2013 on discretionary powers for Welsh local authorities to also increase Council Tax on second homes through a Council Tax premium. 16. Gwynedd Council submitted a positive and comprehensive response to the second consultation supporting the introduction of a premium, whilst also pressing for actions to control / prevent the transfer of second homes to commercial holiday lets and the business tax regime. 17. The full response appears in the November 2013 edition of ‘Rhaeadr’, which can be found by following this link:

https://gwyneddmembers.wordpress.com/2013/11/25/second-home-tax-the-latest/

18. In addition to offering responses to the consultation’s specific questions, the document also contains a detailed analysis to support the Council's position that it should be given the right to allow a premium on second homes. There is no indication to suggest that the situation in Gwynedd has changed significantly since 2013. 19. When considering the options that are now before the Council, we can see that pressure from Gwynedd Council has helped to give these powers to local authorities. Long-term empty homes 20. Gwynedd Council’s Empty Property Strategy was adopted in February 2009. The Empty Property Strategy’s mission statement is that: “Gwynedd Council will endeavour to bring empty properties back into use. Our aims are to contribute to the well-being of the neighbourhood, increase the supply of housing, reduce homelessness or the potential for homelessness, and at the same time, reduce the pressure on the Housing Waiting List”. 21. Since April 2009, long term empty dwellings have been charged 100% council tax, following either an exempt period of 6 months, or an extended 12 month period of exemption if undergoing major renovation. Any discount would provide an unfortunate incentive for owners to keep dwellings empty. The expectation is that raising a premium on empty homes would be a further incentive in this direction. 22. The Gwynedd Housing Partnership Strategy 2013-17 is found on the Council’s website along the following link: https://www.gwynedd.llyw.cymru/en/Council/Strategies-and-policies/Housing/Gwynedd- Housing-Strategy-2013-17.aspx

Page 21 ANALYSING THE EFFECTS OF RAISING A PREMIUM 23. The Regulations that give the Council discretion to charge full Council Tax, or allow a discount of 25% or 50% to second homes, and to allow a discount of up to 50%, to long-term empty properties that have been empty for 6 months or more, remain in force. 24. However, the Council’s Medium Term Financial Plan, and the Council’s grant settlement from Welsh Government, is based on the continuation of the policy of allowing NO discount, and any change in this policy will have to be funded by the Council. Allowing a discount from now on is not a realistic option. 25. There is no legislative change that would prevent the Council from continuing what it is currently doing, namely raising 100% Council Tax on long-term empty properties and second homes. 26. If the Council is to raise a premium, the extra Council Tax would be limited to 100% of the full Council Tax. Also, the Council cannot raise a Council tax premium if it is unable to raise "basic" Council Tax in the first place (e.g. on full- time students homes). Numbers: Second Homes 27. Excemption 6 in the list that appears in Table 1 states that a premium cannot be raised on seasonal homes where living is prohibited throughout the year. This means, therefore, that a premium cannot be raised on a second home within class A. 28. The table below shows the number of class B second homes (i.e. those where a premium could be raised), on 1 July 2016: Council Tax Number of Tax Band Properties A 538 £532,087 B 752 £864,906 C 873 £1,146,099 D 1043 £1,538,620 E 822 £1,481,150 F 564 £1,201,715 G 210 £515,831 H 25 £73,887 I 14 £48,292 Total 4841 £7,402,586 Table 2: Number of Class B Second Homes 29. Since no discount is allowed for second homes, these properties generate a Council Tax income of £ 7.4 million.

Page 22 Numbers: Long-term empty properties 30. On 1 July 2016, the number of long term empty properties was: Council Tax Number of Tax Band Properties A 339 £ 335,588 B 373 £ 431,276 C 263 £ 347,203 D 205 £ 303,264 E 143 £ 258,360 F 62 £ 132,624 G 19 £ 46,739 H 5 £ 14,800 I 2 £ 6,851 Total 1411 £ 1,876,706 Table 3: Number of Class C long term empty homes 31. The definition of "long-term empty" varies within the legislation. In normal Council Tax calculations, property is empty in the long term if it has been empty for 6 months, but for the purposes of raising the premium, the property must have been vacant for at least 12 months. The 1,411 properties shown above has been empty for 6 months – 1,115 of these that have been vacant for a year or more. It is estimated that the current Council Tax income of the 1,115 property that has been vacant for a year or more is £1,464,706. 32. In general, it is seen that the Council Tax Bands of second homes, and therefore the value of the property on the open market, is higher than the bands for empty properties, as shown in the graph below.

Number of Second Homes and Long-term Empty Homes, by Council Tax Band

1200

1000

800

600

400

200

0 A B C D E F G H I

Number of Second Homes Number of Long Term Empty Homes

33. An analysis of the Council Tax bands of Second Homes and Long-Term Empty Homes, per Community, is found in Appendix 2.

Page 23 34. Although the total Council Tax income from second homes and long term empty homes is £8,867,292 (£7,402,586 + £1,464,706), we cannot expect that a premium of 100% would attract close to this amount of additional income. This total does not include any of the exceptions referred to above, nor does it consider further dwellings that may might transfer to be self-catering units, and therby coming under the business tax regime. 35. To model the impact of raising a Premium, a series of assumptions must be made, and the impact of these then analysed. Here are two example based on sensitivity analysis. It is emphasised that these figures are for illustrative purposes only. Example 1  Premium: 100% from the start  The number of second homes additional transfers to self-catering units (business rates): 500  The number of second homes changing to being the "main home": 300  The number of second homes receiving the different classes of exemption – Dwellings being marketed for sale – time-limited for one year (Class 1): 200 Dwellings being marketed for let – time-limited for one year (Class 2): 100 Annexes forming part of, or being treated as part of, the main dwelling (Class 3): 50 Dwellings which would be someone's sole or main residence if they were not residing in armed forces accommodation (Class 4): 50 Occupied caravan pitches and boat moorings (Class 5): 20 Seasonal homes where year-round occupation is prohibited (Class 6): 10 Job-related dwellings (Class 7): 30  The number of long-term empty homes receiving the different classes of exemption – Dwellings being marketed for sale – time-limited for one year (Class 1): 100 Dwellings being marketed for let – time-limited for one year (Class 2): 50 Annexes forming part of, or being treated as part of, the main dwelling (Class 3): 30 Dwellings which would be someone's sole or main residence if they were not residing in armed forces accommodation (Class 4): 30  The number of long-term empty properties that remain empty after 6 months of raising a premium: 90% Based on the assumptions above, the additional Council Tax would be:

Second Homes £4,035,822 Empty Property £794,513 Total £4,830,335

Page 24

Example 2  Premium: 50% from the start  The number of additional second homes transferring to being self-catering units (business rates): 250 (i.e. fewer that if the Premium were 100%)  The number of second homes changing to being the "main home": 150 (i.e. fewer that if the Premium were 100%)  The same exemptions as in Example 1. Addition Tax:

Second Homes £1,972,443 Empty Property £794,513 Total £2,766,956

Page 25 USE OF THE ADDITIONAL INCOME 36. In deciding whether to raise the premium on long-term empty homes and second homes, consideration should be given to the factors referred to in paragraphs 20 to 24 of the Welsh Government guidance. According to the guidance, the purpose of the discretion given to local authorities to charge a premium is intended to be a tool to help local authorities to:  bring long-term empty homes back into use to provide safe, secure and affordable homes; and  support local authorities in increasing the supply of affordable housing and enhancing the sustainability of local communities. 37. However, the guidance also states that "A local authority will be able to retain any additional funds generated by implementing the premiums and amendments to the calculation of the tax base will be made to facilitate this. However, authorities are encouraged to use any additional revenue generated to help meet local housing needs, in line with the policy intentions of the premiums.” That is, whilst there is encouragement to use the additional funds to meet local housing needs, there is no compultion to do so. 38. The Welsh Government has introduced a series of technical amendments to regulations relating to the setting of the Council Tax base in order to allow local authorities to retain the additional income received, without adversely affecting the annual settlement. 39. A recommendation for the use of any additional income will be included within Financial Strategy 2017/18 – 2019/20.

Page 26 PUBLIC CONSULTATION 40. The Welsh Government guidance states “A local authority should also give consideration to engagement and consultation with key stakeholders, including the local electorate, before taking a decision as to whether or not to charge one or both of the premiums.” 41. A public consultation was launched on 11 October 2016, and was open until 7 November 2016. The questionnaire was placed on the Council website, with regular reminders from our Twitter and Facebook accounts. Paper versions were prepared for the libraries and three Siopau Gwynedd. 42. Consideration was given to corresponding directly with the owners of second homes and long-term empty properties because of the direct financial impact that may be on them, but that would be likely to produce a biased result. Further, as the Council has already shown in 2013 that second homes affect those living in many of our communities throughout the year, their opinions are equally valid. In order to obtain an impartial outcome, therefore, we would have had to corresponded directly with all residents of Gwynedd as well as owners of second homes and long-term empty property who live outside Gwynedd. Neither time nor resources permitted this. 43. There were 930 responses to the questionnaire. Of these:  519 stated that they do not own a second home nor a long term empty dwelling  372 stated that they own a second home  16 stated that they own a long term empty dwelling  10 stated that they own a second home and a long term empty dwelling  13 did not answer the question. 44. A summary of the results of the consultation is found below, set out on the basis of the questions in the survey.

Page 27 Do you see a reason why a premium should not be raised on the Council Tax of long-term empty or second homes in Gwynedd?

45. Before going on the answering the fundamental question “Do you see a reason why a premium should not be raised on the Council Tax of long-term empty or second homes in Gwynedd”, participants were asked to confirm if they were the owners of a second home, long-term empty properties, or both. It is emphasised that there is no way of checking the accuracy of responses to this question. The table below analyses the answers by ownership:

Do you see a reason why a premium should not be raised on the Council Tax of long-term empty or second homes in Gwynedd Do you own a long-term No reason A premium empty or second home in not to raise should not Gwynedd? a premium be raised. No answer Total No 362 154 3 5189 Yes – a second home 28 343 1 372 Yes – a long-term empty home 4 12 16 Yes – both a long-term empty home and a second home 4 4 2 10 No answer 7 5 1 13 Total 405 518 7 930

46. It is not surprising that the vast majority of the owners of second homes and empty properties are opposed to raising a Premium, although nearly 10% of those that did not object said that they have relevant property. It is noted however that almost 30% – 154 out of 518 – of those who oppose raising the premium stated that they did not own such a property.

Page 28 Please indicate at what level you think it would be most reasonable to set a Council Tax Premium for long-term empty or second homes in Gwynedd (up to a maximum of 100%):

47. On further questioning the 405 who were of the opinion that a Premium should be raised, these were the levels which they belived would be the most reasonable to set: Number of Premium Level responses 0% 19 10% 3 25% 21 30% 2 50% 60 50% on long-term empty homes, 25% on second homes 1 50%, if variable levels cannot be set 1 50% to 100% 1 60% 1 Between 60 and 90% 1 75% 31 100% 251 200% 5 250% 1 500% 1 Not sure / don’t know 2 Did not note 4 Total 405 48. It is noted that 19 of those who responded indicated that a premium should be set, but it should be at 0%. Except for that inconsistency, it is apparent that there is clear polarization between those who oppose any additional charge, and the high number who want to see a premium of 100%. It is seen that 7 respondents want to charge more than is permitted by law.

Page 29 Authorities are encouraged to use any generated to help meet local housing needs, in line with the policy intentions of the premiums, but there is no legal requirement to use the additional revenue to do this.

In view of the fact that the Council is facing substantial financial cuts, in your opinion, how should the Council use the additional income, if a Premium were introduced?

49. All of the respondents, including those who had answered that a premium should not be charged, could choose to answer what use should be made of the money if a premium were introduced. The answers were: Comment on use Number The extra revenue should be used to meet local housing needs 167 The extra revenue should be spent on supporting local services at a time that the Council is facing cuts 198 A combination of the above 442 No answer 123 Total 930

In your opinion, if a premium were charged on the Council Tax of long-term empty or second homes, what would its effect be in Gwynedd on...

50. Respondents were asked what effect, in their opinion, introducing a premium would have on 5 aspects which are high priorities for the Council, namely the Welsh language, the local economy and tourism, the availability of private rented housing, house prices and the availability of affordable housing. The responses again shows polarisation. It is seen that the majority is of the opinion that the introduction of a premium would be good, on the whole, for the Welsh language and the availability of affordable housing, but a clear majority believes that the premium would have a negative impact on the local economy and tourism. 51. However, the tables below show that there is a relationship between the respondents’ attitude towards raising premium and their views on the benefit that the premium would have on the 5 factors. The Welsh Language?

Opinion on the impact of raising a premium Opinion on introducing Premium Positive Neutral Negative No answer Total No reason not to raise a premium 268 116 15 6 405 A premium should not be raised 14 335 158 11 518 No answer 2 3 2 7 Total 284 454 173 19 930

Page 30 The local economy and on tourism?

Opinion on the impact of raising a premium Opinion on introducing Premium Positive Neutral Negative No answer Total No reason not to raise a premium 159 191 45 10 405 A premium should not be raised 19 28 460 11 518 No answer 3 1 1 2 7 Total 181 220 506 23 930 The supply of private rented accommodation?

Opinion on the impact of raising a premium Opinion on introducing Increase Reduce Premium overall No impact overall No answer Total No reason not to raise a premium 236 130 27 12 405 A premium should not be raised 70 265 159 24 518 No answer 1 1 1 4 7 Total 307 396 187 40 930 House prices in Gwynedd?

Opinion on the impact of raising a premium Opinion on introducing Increase Reduce Premium overall No impact overall No answer Total No reason not to raise a premium 27 149 220 9 405 A premium should not be raised 22 244 231 21 518 No answer 2 3 2 7 Total 49 395 454 32 930 the supply of affordable housing in Gwynedd?

Opinion on the impact of raising a premium Opinion on introducing More Fewer Premium homes No impact homes No answer Total No reason not to raise a premium 269 109 13 14 405 A premium should not be raised 34 393 63 28 518 No answer 1 4 2 7 Total 304 506 76 44 930 52. A further analysis of the responses to the questionnaire is included in Appendix 3.

Page 31 SCRUTINY WORKING GROUP 53. The Scrutiny Investigation Group – Holiday Homes and Taxation, a subgroup of the Corporate Scrutiny Committee, met on 21 November to consider the results of the consultation, and ask the Leader of the Council what impact the results will have on the Cabinet's recommendation to the Council about raising a Premium. 54. The following recommendations were presented by the Group to the Cabinet meeting on the following day: (1) That the Cabinet needs to consider how best to use the extra money that will be collected if a premium is charged. It is accepted that the hands of the new Council should not be tied and there is a need for the democratic process to take place with the new Council, especially in view of the fact that we do not know what will the financial position of the Council will be by 2018/19, but it should at least consider setting aside some of the money to:-

 Assist owners of empty homes to repair properties to return them to use as residences.  Consider doing more work to understand the situation with empty houses and tying that with the Housing Policy.  There is a need for an attitude by officers of using wisdom and discretion where needed, e.g. in exceptional circumstances.  Consider investing in jobs to ensure tax income for the Council by strengthening the Council's inspection arrangements for checking the validity of statements made by property owners that it is no longer a second home, or empty. Perhaps this could be tied in with other property inspection.

(2) If this Council is assisting the Welsh Government in ensuring more affordable housing for local people, that should be used to influence the Government to harmonise criteria for allowing conversion to self-catering units to match the requirements of HM Revenue and Customs, which is 105 days, and also in terms of changing the relevant Order so that planning permission is needed for change of a "home" to "self-catering unit”.

(3) Whilst the Corporate Scrutiny Committee on 20 October discussed a range of options, from increasing the premium gradually year by year to charging a higher premium from the outset, the Working Group was of the opinion that Gwynedd Council should tread carefully, taking into account the risks associated with the two extremes, and thus concurs with the recommendation of charging a premium of 50% on class B second homes and homes that have been empty for 12 months or more from 1 April 2018 onwards.

Page 32 RISKS Self-Catering Units 55. In June 2016, the Corporate Scrutiny Committee received the results of a scrutiny investigation undertaken on the transfer of homes from the Council Tax regime to being Self-Catering Units paying Business Rates (NDR). A link to the report is found below: https://democracy.cyngor.gwynedd.gov.uk/documents/s4569/Report%20of%20the%20 Holiday%20Homes%20and%20Taxes%20Investigation.pdf

56. The investigation was undertaken because of the Scrutiny Committee’s concern regarding the number of properties subject to such a transfer. The number of units that have transferred in the last full 5 years is shown in the table below: Net transfer from Financial Year Council Tax to NDR 2011/12 106 2012/13 110 2013/14 82 2014/15 188 2015/16 166 Total 652 Table 4: Net Transfer to Self-Catering Units 57. The decision on whether a property meets the criteria for transferring to being a self-catering unit rests with the Valuation Office Agency, which is a part of HM Revenues and Customs. The Valuation Office Agency must receive evidence that the property has been available to let for 140 days within the previous year with actual letting for 70 days, and that there is an intention to let the property for 140 days over the next year. However, the Scrutiny Committee expressed concern about the capacity within the Agency to carry out thorough checks. 58. There is a real threat, therefore, that the trend of property transfer could speed up if a premium is introduced. However, we expect the Valuer's Office to take strong action when assessing if a property is a home or business, and ensure appropriate evidence to support any application. Further, if the Council increased the tax on second homes, we expect that we will gain more financially than we will lose. 59. In addition, if a high number of further properties transfer to being self-catering units, there is a real possibility of saturating the market, with units that have already transferred, as well as the new ones, finding it more difficult to provide evidence of true letting. Threats and Opportunities – Exemptions 60. Another threat is the risk of owners of long-term empty properties and second homes claiming one of the exceptions listed in paragraph 14 above. As can be seen, there are 4 exceptions for long-term empty properties, and 7 for second homes. Unlike properties that transfer to being self-catering units, we will still be able to raise Council Tax on these properties, but not the premium. 61. There is a time limit to some of these exemptions. For example, an exemption due to of a house being for sale or available for let can only be claimed for a year.

Page 33 Tax Avodiance 62. The Council must be aware that individuals may take steps to avoid paying the Premium. The Council will be alert to these, and will seek every opportunity to ensure that everyone pays the correct Council Tax. EQUALITY IMPACT ASSESSMENT 63. As with all far-reaching decisions, the Council must give due consideration to its statutory duties to carry out equality impact assessments under the Equality Act 2010 and the Welsh Public Sector Equality Duties 2011 and to all other relevant considerations. 64. An Equality Impact Assessment was carried out in accordance with the statutory requirements on the Council. The full assessment is included in Appendix 4. We do not believe that there are specific equality issues that need to be bought to the attention of the Council when considering this issue. WELFARE OF FUTURE GENERATIONS (WALES) ACT 2015 65. There is a duty to act in accordance with the sustainable development principle, which is to try to ensure that the needs of the present are met without compromising the ability of future generations to meet their needs. When acting in accordance with this general duty the Council needs to consider the importance of the long term impact, being integrated and inclusive, collaboration and prevention in developing the proposal. 66. When considering the factors for and against raising the Council Tax Premium, consideration has been given to these issues. The report shows that the recommendation to raise the Premium has been made in the context of a proactive approach to strengthening the sustainability of those communities within Gwynedd with high number of second homes and long-term empty properties. It is noted in particular that the decision whether or not to raise a Premium will be made in the context of responses to public consultation and in order to take steps to reduce depopulation in many communities within Gwynedd.

Page 34 REASON AND JUSTIFICATION BEHIND THE RECOMMENDATION 67. Gwynedd Council has decided for several years that it will not allow any discount for second homes or long-term empty properties. 68. The Council was at the forefront in responding to previous consultations on the implementation of the right to charge a premium, and has responded positively to the implementation of this power. 69. The Corporate Scrutiny Committee scrutinised the proposed imposition of a premium at its meeting on 20 October 2016. A link to the Committee's reports can be found below: https://democracy.cyngor.gwynedd.gov.uk/ielistdocuments.aspx?cid=152&mid=166 0&ver=4 70. It was agreed at that meeting that the Workshop would consider the matter further on 21 November, with the outcome being presented verbally to the Cabinet meeting the following day. 71. The results of the public consultation have shown a split in responses, with those who own a second home or long-term empty property objecting to the raising of a premium while the vast majority of those who don't own such property support the principle. Although a number of comments have been offered for and against raising a Premium, no comment has been offered which has affected the Equality Impact Assessment. 72. Gwynedd has a higher number of second homes than any other county in Wales, and studies that have been carried out – in particular a detailed study in 2013 – demonstrated the negative impact that the high number of second homes is having on communities. 73. The Gwynedd Housing Partnership Strategy 2013-17 sets the direction for the coming years. The Council has already stated that the way it will respond includes a range of interventions that will help people be able to have access to housing, improve the quality of existing housing and the ability to respond to society's needs locally. The Strategy itself refers to the high number of second homes in Gwynedd, noting that the highest proportion in the areas of Meirionydd and Dwyfor. The Strategy also notes the importance placed on encouraging owners to bring empty properties back into use. It can be seen from the Strategy that the Council operates a number of methods to get empty properties back into use, but setting a Council Tax Premium is a further tool now available to realise the expectations of the Housing (Wales) Act 2014. 74. There is a need to consider the negative impact that introducing a premium on second homes could have on the Gwynedd economy and the tourism industry in particular, if owners of second homes sell and decided to spend their holidays elsewhere. However, this would provide an opportunity to support different types of holiday accommodation, which is likely to create more jobs in the tourism industry. Public responses also show opposition to having a tourism industry at any cost, if that means breaking down communities and leaving villages that are lively in the summer lying empty during the winter.

Page 35 75. However, some responses also showed not all owners of second homes are people who come to Gwynedd on holiday, but there are also local families who have inherited property, and others who come from the area but are living away due to work and keeping the family home in their possession. 76. The answers that received most support in the public consultation in terms of premium level, in order of popularity, was 0%, 100%, 50%. Recommending a 50% Premium on long-term empty properties and second homes to the Full Council would provide a level which reflects this divided opinion, and is also consistent with what similar authorities intend to do.  Pembrokeshire: Premium of 50% on second homes; a decision on long- term empty homes to be made during 2016/17.  Ceredigion: Premium of 25% on long-term empty homes and second homes from 1 April 2017.  Anglesey: Premium of 25% on long-term empty homes and second homes from 1 April 2017, to be reviewed during 2018/19.  Conwy: Premium of 100% on long-term empty homes and second homes from 1 April 2017 (but the % to be reconsidered during 2016/17).

Page 36 OPINION OF STATUTORY OFFICERS ON THE CABINET REPORT

Chief Executive:

This solution is vexing and complex. Of course, we must remember, as the report notes, that the Council had expressed views in favour of raising a premium for some years now. The report analyses the likely financial impact of this and that is very significant in view of the financial difficulties which the Council will face over the next few years, whatever the decision about the use of the money if that premium is charged.

It is worth paying close attention to the details of the results of the consultation. For example, there is a great deal of detail about the views that have been expressed about the possible effects of implementing the decision on the language, housing prices, the economy and so on. Also, not surprisingly approximately 40% of those who responded are people who would be affected directly by this potential change. It would also be interesting to know what sort of percentages supported raising premiums in other counties who has consulted on the matter and what was the Councils' decisions in those cases. Clearly, it will be of great benefit to the Cabinet to hear the views of the scrutiny members who have been looking in detail at this area; there is a workshop of those members on the day before the Cabinet meeting and a verbal report on its outcome will be given.

Monitoring Officer:

In considering whether to implement the premium and at which rate the aims of so doing and the possible effects which may result need to be considered. The report provides a range of information as well as the results of the public consultation on the proposal. Specific reference is also made to the statutory guidance provided by the Guidance on the Implementation of the Council Tax Premiums on Long-Term Empty Homes and Second Homes in Wales. In forming a recommendation to the Council the Cabinet needs to weigh up all the information provided and have regard to the statutory guidance on coming to a decision.

Head of Finance:

I have collaborated with the Cabinet Member in the preparation of this report and I confirm the content.

Page 37 BACKGROUND PAPERS

Housing (Wales) Act 2014: http://www.legislation.gov.uk/anaw/2014/7/part/7/enacted

Guidance on the Implementation of the Council Tax Premiums on Long-Term Empty Homes and Second Homes in Wales: http://gov.wales/docs/dsjlg/publications/localgov/160122-guidance-implementation-of- council-tax-premiums-en.pdf

Council Tax (Exceptions to Higher Amounts) (Wales) Regulations 2015 (SI 2015/2068): http://www.legislation.gov.uk/cy/wsi/2015/2068/made

Gwynedd Council’s response to the Consultation on Discretionary Powers for Local Authorities to Increase Council Tax on Second Homes: https://gwyneddmembers.wordpress.com/2013/11/25/second-home-tax-the-latest/

Gwynedd Housing Partnership Strategy 2013-17: https://www.gwynedd.llyw.cymru/en/Council/Strategies-and-policies/Housing/Gwynedd- Housing-Strategy-2013-17.aspx

Corporate Scrutiny Committee Meeting, 16 June 2016 https://democracy.cyngor.gwynedd.gov.uk/documents/s4569/Report%20of%20the%20 Holiday%20Homes%20and%20Taxes%20Investigation.pdf

Corporate Scrutiny Committee Meeting, 20 October 2016: https://democracy.cyngor.gwynedd.gov.uk/ielistdocuments.aspx?cid=152&mid=166 0&ver=4

Cabinet Meeting 22 November 2016 https://democracy.cyngor.gwynedd.gov.uk/ielistdocuments.aspx?cid=133&mid=1843&v er=4

Page 38

GWYNEDD CABINET DECISION NOTICE

Date of Cabinet Meeting: 22 November The Decision will come into force and implemented, unless the decision is called in, in accordance with section 7.25.1 of the 7 December 2016 Gwynedd Council Constitution.

SUBJECT

Item 8: COUNCIL TAX PREMIUM ON LONG TERM EMPTY PROPERTIES AND SECOND HOMES

DECISION To recommend to the Full Council: For the 2017/18 Financial Year: 1. That Gwynedd Council allows NO discount under Section 12 of the Local Government Finance Act 1992 to the two classes of second homes (classes A and B), as defined in the Council Tax (Prescribed Class of Dwellings) (Wales) Regulations 1998. 2. That Gwynedd Council allows NO discount in 2017/18 in respect of empty homes (class C). For the 2018/19 Financial Year: 3. That Gwynedd Council allows NO discount on class A second homes for 2018/19, in accordance with Section 12 of the Local Government Finance Act 1992. 4. That Gwynedd Council allows NO discount and RAISES A PREMIUM OF 50% on class B second homes for 2018/19, in accordance with Section 12B of the Local Government Finance Act 1992. 5. That Gwynedd Council allows NO discount and RAISES A PREMIUM OF 50% on homes that have been empty for 12 months or more for 2018/19, in accordance with Section 12A of the Local Government Finance Act 1992.

REASONS FOR THE DECISION

The Cabinet provides a recommendation to the Council on the decision to raise a council tax premium on second homes and long-term empty properties. Before making this recommendation, the Cabinet has considered the effect of introducing a Premium on all key stakeholders, including the local electorate, and has summarised the responses to the public consultation, and decided that a Premium of 50% is a fair level to recommend. The Council must make its first decision to raise a council tax premium on "second homes" at least 12 months before the beginning of the relevant financial year. Therefore, before raising a premium on second homes from 2018/19 onwards, the Full Council must make a decision before 31 March 2017.

Page 4 of 1 Page 39

DECLARATIONS OF PERSONAL INTEREST AND ANY RELEVANT DISPENSATIONS APPROVED BY THE STANDARDS COMMITTEE

The following Councillors declared an interest: Councillor Peredur Jenkins - owner of personal property and rents business property Councillor Dyfrig Siencyn - owner of a second property Councillor Mandy Williams-Davies - her husband had inherited his parents’ empty house.

It was a prejudicial interest and they withdrew from the meeting.

ANY CONSULTATIONS UNDERTAKEN PRIOR TO MAKING THE DECISION

A public consultation was undertaken during October 2016, in accordance with the requirements of statutory guidance, the results of which were reported in the report.

The Statutory Officers were consulted to seek their views, which have been included in the report submitted to the meeting.

The Corporate Scrutiny Committee was consulted and the recommendations of the Investigation Group from that Scrutiny Committee were submitted to the Cabinet meeting.

Page 5 of 1 Page 40 Appendix 2

Number of Second Homes per Community

Band Band Band Band Band Band Band Band Band Community A B C D E F G H I Total Aberdaron 6 18 36 40 27 6 1 134 Aberdyfi 27 16 39 97 66 37 34 3 3 322 Abergwyngregyn 4 1 5 Abermaw 38 40 24 23 15 5 3 1 2 151 Arthog 3 33 39 31 19 7 5 137 Bala 2 9 3 6 3 1 24 Bangor 3 7 14 11 2 3 2 1 43 Beddgelert 8 3 21 29 15 3 79 Bethesda 2 5 12 1 20 Betws Garmon 1 11 9 5 3 2 31 Bontnewydd 2 1 2 5 Botwnnog 3 3 9 15 9 6 45 Brithdir a Llanfachreth 2 3 20 16 15 3 1 60 Bryncrug 5 9 1 4 4 23 Buan 1 6 9 8 5 3 32 Caernarfon 4 5 6 7 6 1 1 30 Clynnog Fawr 6 16 11 14 12 59 Corris 5 24 6 6 4 1 46 Criccieth 3 9 24 16 20 14 5 91 Dolbenmaen 3 12 14 23 10 4 2 68 Dolgellau 12 18 25 11 5 8 1 1 81 Dyffryn Ardudwy 2 12 29 17 18 9 1 1 89 Ffestiniog 91 32 15 10 1 1 150 Harlech 42 29 12 21 25 8 1 138 Llanaelhaearn 6 22 6 4 2 40 Llanbedr 4 4 6 19 9 2 44 Llanbedrog 7 6 23 33 31 47 11 158 Llanberis 12 16 8 3 1 40 Llanddeiniolen 3 9 13 13 7 3 1 49 Llandderfel 3 7 3 6 8 3 2 32 Llandwrog 10 8 12 6 5 3 1 45 Llandygai 1 7 8 6 2 24 Llanegryn 3 4 4 3 1 1 16 Llanelltyd 5 3 4 3 10 9 2 1 37 Llanengan 15 20 44 88 190 207 101 11 7 683 Llanfair 6 4 16 24 10 5 3 68 Llanfihangel-y- 4 28 9 5 4 6 1 Pennant 57 Llanfrothen 4 6 2 4 16 Llangelynnin 2 10 7 11 11 7 2 1 51 Llangywair 3 4 2 4 2 15 Llanllechid 4 2 1 7

Page 41 Band Band Band Band Band Band Band Band Band Community A B C D E F G H I Total Llanllyfni 22 24 8 1 2 57 Llannor 2 5 7 11 7 3 1 1 37 Llanrug 1 6 9 6 1 23 Llanuwchllyn 6 3 4 4 4 1 22 Llanwnda 7 7 1 5 1 21 Llanycil 1 1 2 7 1 1 13 Llanystumdwy 7 5 8 10 10 10 1 51 Maentwrog 1 17 9 11 5 43 Mawddwy 10 11 12 7 1 1 42 Nefyn 13 37 42 81 71 33 5 1 283 Pennal 11 9 12 6 2 2 42 Penrhyndeudraeth 4 11 7 7 1 3 1 34 Pentir 5 2 3 5 1 1 3 20 Pistyll 3 24 4 6 10 2 49 Porthmadog 6 48 67 129 33 23 7 313 Pwllheli 10 8 20 8 26 6 1 79 Talsarnau 10 22 7 7 3 2 51 Trawsfynydd 21 3 2 3 3 32 Tudweiliog 1 10 13 20 15 4 2 65 Tywyn 79 24 42 34 12 11 1 203 Waunfawr 3 7 5 4 19 Y Felinheli 8 24 9 20 25 1 87 Y Ganllwyd 1 2 1 4 1 1 10

Total 538 752 873 1043 822 564 210 25 14 4841

Page 42 Number of Long-term Empty Homes per Community

Band Band Band Band Band Band Band Band Band Community A B C D E F G H I Total Aberdaron 1 3 3 3 6 16 Aberdyfi 6 4 5 7 5 1 28 Abergwyngregyn 1 3 4 Abermaw 8 10 10 6 4 5 43 Arthog 2 2 5 3 1 1 1 15 Bala 16 12 5 4 1 1 39 Bangor 35 15 20 9 5 3 87 Beddgelert 1 1 3 1 1 2 1 10 Bethesda 9 16 16 3 44 Betws Garmon 1 1 2 4 Bontnewydd 2 2 2 1 7 Botwnnog 1 3 3 3 2 1 13 Brithdir a Llanfachreth 1 3 1 1 2 1 1 10 Bryncrug 1 1 1 4 1 8 Buan 3 2 5 Caernarfon 16 31 17 7 5 2 1 79 Clynnog Fawr 2 3 4 2 3 1 15 Corris 4 7 1 2 14 Criccieth 2 3 1 1 4 2 2 15 Dolbenmaen 1 3 3 5 3 15 Dolgellau 12 23 6 4 5 3 1 54 Dyffryn Ardudwy 1 2 6 7 3 1 20 Ffestiniog 59 30 9 5 1 1 105 Harlech 14 6 1 1 3 1 1 27 Llanaelhaearn 5 9 5 1 2 22 Llanbedr 1 3 3 1 8 Llanbedrog 4 1 2 4 2 1 14 Llanberis 7 11 7 2 1 28 Llanddeiniolen 4 19 5 8 1 2 39 Llandderfel 1 3 2 3 1 10 Llandwrog 4 8 9 5 2 3 1 32 Llandygai 1 1 6 3 1 12 Llanegryn 2 1 3 Llanelltyd 3 1 7 1 12 Llanengan 7 3 7 6 10 3 36 Llanfair 1 2 3 Llanfihangel-y-Pennant 4 1 3 1 9 Llanfrothen 2 1 3 Llangelynnin 2 2 4 2 2 1 13 Llangywair 1 2 4 7 Llanllechid 5 3 1 9 Llanllyfni 25 23 6 1 55 Llannor 3 7 4 3 5 1 23 Llanrug 3 11 5 1 1 21

Page 43 Band Band Band Band Band Band Band Band Band Community A B C D E F G H I Total Llanuwchllyn 6 2 3 3 1 1 16 Llanwnda 5 5 5 3 2 20 Llanycil 2 1 3 Llanystumdwy 2 2 3 7 1 2 17 Maentwrog 5 2 1 2 10 Mawddwy 1 2 5 1 9 Nefyn 6 7 5 12 3 3 36 Pennal 3 3 2 1 9 Penrhyndeudraeth 6 13 6 1 1 27 Pentir 4 2 7 5 18 Pistyll 6 1 1 1 9 Porthmadog 4 13 13 9 2 1 42 Pwllheli 16 8 8 2 8 2 44 Talsarnau 5 4 3 12 Trawsfynydd 11 1 1 13 Tudweiliog 3 2 3 3 2 13 Tywyn 9 13 6 9 1 1 1 1 41 Waunfawr 2 2 4 2 3 1 14 Y Felinheli 1 6 7 2 2 1 19 Y Ganllwyd 1 1 1 3

Total 339 373 263 205 143 62 19 5 2 1411

Page 44 Appendix 3 – Supplementary Comments within the Responses to the Consultation

A public consultation was launched on 11 October 2016, and was open until 7 November 2016. The questionnaire was placed on the Council website, with regular reminders from our Twitter and Facebook accounts. Paper versions were prepared for the libraries and three Siopau Gwynedd. A total of 930 responses was received. The result of the survey is found in this appendix, in addition a summary of the points noted in the space given to note any supplementary comments on the question.

Do you see a reason why a premium should not be raised on the Council Tax of long-term empty or second homes in Gwynedd?

Do you see a reason why a premium should not be raised on the Council Tax of long-term empty or second homes in Gwynedd Do you own a long-term No reason A premium empty or second home in not to raise a should not be Gwynedd premium raised. No answer Total No 362 154 3 519 Yes – a second home 28 343 1 372 Yes – a long-term empty home 4 12 16 Yes – both a long-term empty home and a second home 4 4 2 10 No answer 7 5 1 13 Total 405 518 7 930

Supplementary Comments In favour of raising a Premium  Second homes take housing away from local people and are damaging to communities.  If people can afford a second home, they can afford to pay an extra tax.  Second homes are pushing house prices up.  Why not raise a Premium in Gwynedd if neighbouring councils are all already doing so?  Vacant properties are wasteful and need to be bought back into use. Against charging a Premium  It will harm the tourism industry.  It is an attack on outsiders.  Second home owners do not make use of the Council's services.  Consideration should be given to specific parts of the county where there are problems, not using this for every property.  If the property were to be put on the market it would not sell anyway.  Local people are the owners of many of these properties, but live away from the area because of work.

Page 45 Please indicate at what level you think it would be most reasonable to set a Council Tax Premium for long-term empty or second homes in Gwynedd (up to a maximum of 100%):

Number of Premium Level responses 0% 19 10% 3 25% 21 30% 2 50% 60 50% on long-term empty homes, 25% on second homes 1 50%, if variable levels cannot be set 1 50% to 100% 1 60% 1 Between 60 and 90% 1 75% 31 100% 251 200% 5 250% 1 500% 1 Not sure / don’t know 2 Did not note 4 Total 405

Should the Council specify different percentages (up to a maximum of 100%) based on the length of time a long-term empty property has been empty?

 Yes – 335  No – 573  No answer – 22

Page 46 Authorities are encouraged to use any additional revenue generated to help meet local housing needs, in line with the policy intentions of the premiums, but there is no legal requirement to use the additional revenue to do this.

In view of the fact that the Council is facing substantial financial cuts, in your opinion, how should the Council use the additional income, if a Premium were introduced?

Comment on use Number The extra revenue should be used to meet local housing needs 167 The extra revenue should be spent on supporting local services at a time that the Council is facing cuts 198 A combination of the above 442 No answer 123 Total 930 No supplementary question

Page 47 In your opinion, if a premium were charged on the Council Tax of long-term empty or second homes, what would its effect be in Gwynedd on The Welsh Language?

Opinion on the impact of raising a premium Opinion on introducing Premium Positive Neutral Negative No answer Total No reason not to raise a premium 268 116 15 6 405 A premium should not be raised 14 335 158 11 518 No answer 2 3 2 7 Total 284 454 173 19 930

Supplementary Comments Positive Impact  It would assist people who are originally from the area to stay here.  Entire villages are empty over the winter months.  Second home owners do not make any effort to learn the language.  Although tourism is important, not at the cost of destroying communities.  Serving the people who need the services should be the priority for the Council.  Local services would be more sustainable. Neutral  Raising the Premium would not have any effect on the language.  People will use the language of their choice, whatever the level of their Council Tax.  There is no relevance between the Premium and the language.  There is a presumption in the questionnaire that Welsh speakers do not buy second homes.  The language is being used as an excuse to mask prejudice.

Negative Impact  There would be fewer jobs in the tourism sector; this would force Welsh speakers to move away from the area to look for work.  Fewer holiday homes would mean more permanent influx.  If the property were placed on the market, non-Welsh-speaking people would be able to buy them anyway.

Page 48 In your opinion, if a premium were charged on the Council Tax of long-term empty or second homes, what would its effect be in Gwynedd on the local economy and on tourism?

Opinion on the impact of raising a premium Opinion on introducing Premium Positive Neutral Negative No answer Total No reason not to raise a premium 159 191 45 10 405 A premium should not be raised 19 28 460 11 518 No answer 3 1 1 2 7 Total 181 220 506 23 930

Supplementary Comments Positive Impact  Visitors would be encouraged to stay in hotels, camp sites etc., contributing to local employment.  There would be more permanent residents in villages supporting small shops etc.  An opportunity to wean the economy away from tourism – the tourism economy is weak and dependent.  Encourage owners to rent out property as holiday units – to encourage more visitors. Neutral  There will be no significant change in the number of second homes.  Visitors will continue to come to Gwynedd as they are now.  Most second-home owners don’t contribute much to the economy because they bring goods with them when they come to stay, not purchasing locally. Negative Impact  This would have a negative impact on the tourism industry, and will send a message that the area does not want visitors at all.

Page 49 In your opinion, if a premium were charged on the Council Tax of long-term empty or second homes, what would its effect be in Gwynedd on the supply of private rented accommodation?

Opinion on the impact of raising a premium Opinion on introducing Increase Reduce Premium overall No impact overall No answer Total No reason not to raise a premium 236 130 27 12 405 A premium should not be raised 70 265 159 24 518 No answer 1 1 1 4 7 Total 307 396 187 40 930

Supplementary Comments Increase overall  It could encourage relevant property owners to rent the property out. No impact  There is a need to consider second homes and long term empty property differently in this context.  Second home owners would not want to rent their properties out, or may not be able to because of mortgage restrictions etc.  This property is not often suitable for renting out. Reduce overall  It is impossible to generalise.  Property would be sold instead of being let.

Page 50 In your opinion, if a premium were charged on the Council Tax of long-term empty or second homes, what would its effect be on house prices in Gwynedd?

Opinion on the impact of raising a premium Opinion on introducing Increase Reduce Premium overall No impact overall No answer Total No reason not to raise a premium 27 149 220 9 405 A premium should not be raised 22 244 231 21 518 No answer 2 3 2 7 Total 49 395 454 32 930

Supplementary Comments Increase overall  The free market works against local residents because it is not possible for local residents to compete with individuals from outside Gwynedd with a much higher income.  There is a high demand for properties for self-catering holidays already. No impact  The power of the market is stronger than a premium policy.  There is a relatively small number of relevant property compared with the total Gwynedd housing market – selling these would not have an effect.  No one can really predict what will actually happen. Reduce overall  Simple economics – increasing taxes on anything reduces demand.  The property would be sold, thereby reducing the demand and therefore the price.

Page 51 In your opinion, if a premium were charged on the Council Tax of long-term empty or second homes, what would its effect be on the supply of affordable housing in Gwynedd?

Opinion on the impact of raising a premium Opinion on introducing More Fewer Premium homes No impact homes No answer Total No reason not to raise a premium 269 109 13 14 405 A premium should not be raised 34 393 63 28 518 No answer 1 4 2 7 Total 304 506 76 44 930

Sylwadau Atodol More homes  Second homes are pushing house prices beyond what the local people can afford.  The money could be used to build additional affordable housing.  If Band A and Band B houses come onto the market, it may be possible to afford these.  Encouragement for owners of second homes to sell them. No effect  There is no correlation between second homes and affordable housing.  There are plenty of affordable housing (under £80k) for sale here already.  No House is affordable if there are no jobs.  Object to "affordable housing" as they create "ghettos".  Perhaps house prices for buyers would decline, but private rent is likely to increase.  Doubt that the extra money will go towards affordable housing. Fewer homes  Builders will not be able to afford to build new affordable housing, as they will not make money from work on second homes.  There are a number of houses for sale already – people do not want them.  If jobs are lost in the tourism sector, no housing will be affordable.

Page 52 We would welcome any other comments or suggestions you have.

In favour of raising a Premium  High time that more tax is raised.  Policing will be required, because the system is already vulnerable to abuse.  It will discourage people from buying second homes.  As Gwynedd has the highest percentage of second homes, we must take advantage of this.  Support the objective, but it must be remembered that a number of houses are vacant because local people have gone to residential homes, or family have inherited property.  Protecting native Welsh communities is not racist. Against raising a Premium  The Council wants to kill the only thriving industry here.  Gwynedd need the owners of second homes.  Political bias is behind this, and it is racist. The Council's attitude is that anything Welsh is good and anything English is bad.  The decision to raise the Premium has already been done; there is no purpose to the consultation.  There is a need to attract more affluent people to spend their money in Gwynedd.  Without second homes a number of cottages would be in ruins by now.  The Council has not thought this policy through properly.

Page 53 Appendix 4

EQUALITY IMPACT ASSESSMENT

COUNCIL TAX PREMIUM ON LONG TERM EMPTY PROPERTIES AND SECOND HOMES

1) ASSESSMENT AUTHOR(S)

Dewi Morgan, Senior Manager Revenues and Risk

2) PARTNERS Who are your partners when starting or changing the policy / plan / practice? They will need to be included when undertaking this assessment.

Not relevant

3) DATE ASSESSMENT BEGUN

1 July 2016

4) DATE ASSESSMENT COMPLETED

7 November 2016

5) AIMS AND OBJECTIVES OF THE POLICY / PLAN / PRACTICE Note why the policy / plan / practice is necessary. Note what the Authority hopes to achieve.

Changes in legislation mean that councils can raise a "premium" of no more than 100% on the Council Tax of long-term empty properties and second homes. This discretion is intended to be a vehicle to help local authorities restore long-term empty homes and second homes into use in order to provide safe and affordable homes, to and assist local authorities to increase the supply of affordable housing and improve the sustainability of local communities.

The Government's statutory guidance also States that "a local authority will be able to retain any additional funds generated by implementing the premiums and amendments to the calculation of the tax base will be made to facilitate this. However, authorities are encouraged to use any additional revenue generated to help meet local housing needs, in line with the policy intentions of the premiums.”

That is, while there is encouragement to use the extra income to meet local housing needs, there is no compulsion to do so.

Page 54 6) PARTICIPATION AND CONSULTATION Have you consulted regarding the change in policy / plan / practice? What was the result? Remember it is a statutory requirement to consult with the people who will be affected.

A public consultation was held for 4 weeks, between 11 October 2016 and 7 November 2016. 930 responses were received.

The opinion of respondents was divided. In general, second-home owners in particular are opposed to the intention to raise any premium, while people living locally support raising a premium of up to 100%.

Number of responses and comments:  No premium: 518  25%: 51  50%:60  75%: 31  100%: 249  Another level: 40  No answer: 4

Respondents were asked to comment on the impact of the premium on a number of social issues. The only comments that raised issues of equality were allegations by some that the intention of raising Premium is to discriminate against people from outside Gwynedd and that it is racist. No evidence was offered to support this opinion.

7) EVIDENCE AVAILABLE The evidence can be based on local, regional or national evidence, e.g. the service’s data or regional equality statistics or a national report.

A detailed study of the effect that second homes have on Gwynedd communities was undertaken in 2013: https://gwyneddmembers.wordpress.com/2013/11/25/second-home-tax-the-latest/

The Council Tax bands of second homes are generally higher than Gwynedd property in general.

On 1 July 2016, 33.8% of second homes in Gwynedd were in Council Tax Band E or higher. This compares with 22.2% of Gwynedd properties in general. On the other hand, the bands of long- term empty properties are lower. Only 16.4% of these properties are in band E or higher.

8) GAPS IN EVIDENCE Note any gaps in evidence and explain how you intend to fill them.

We are confident that there are no gaps in our evidence.

Page 55 9) RELEVANCE AND EFFECT The relevance of the policy / plan / practice to the general equality duty and to each one of the equaltiy groups (protected characteristics) must be shown. The real or likely effect must be clearly notes. It is possible that not every characteristic will be relevant or be affected.

9a) Equality Act General Duty Relevance The real or likely effect

Removing illegal No effect There will be no impact because the intention is to ask those who have a discrimination, harassment second home in Gwynedd, or who keep empty properties, to pay more to and victimisation Council funds.

Promoting equal Positive The intention is to assist those who cannot get a home now. opportunities Page 56 Page

Foster good relations Positive There is a danger that ill-feeling by those who will be paying the premium will cause barriers between owners of second homes and those living in these areas throughout the year. On the other hand, it is likely that the Council would be the subject of this resentment, not neighbours.

9 b ) Characteristics Relevance The real or likely effect

Race No effect Some respondents to the public consultation claimed that the Policy is racist. However, there is no consideration of the race of property owners if a premium is charged on second homes and long-term empty properties. Disability No effect Sex No effect Gender reassignment No effect Sexual orientation No effect Religion or belief No effect The Welsh language Positive The purpose of raising a premium is to encourage owners of long-term empty properties and second homes to return the property to the local housing stock, or pay additional Council Tax. Depending on the Council's decision, this could be to meet local housing needs.

Page 57 Page Support for the Welsh language, therefore, is an integral part of this policy.

Age Neutral overall A study in 2013 showed that the demographic make-up of the communities with high proportions of second homes is different; in General, the resident population is 'older '. This affects the balance of communities and it will have an impact on the resilience and sustainability of these areas in the future.

The report went on to note that the profiles of second home owners themselves indicate that they are generally middle aged or retired, and wealthier than the national average. Shelter (2011) (Taking Stock, an assessment of under utilisation of housing stock in England) estimated that, nationally, 60% of second home owners are aged between 45 – 60 compared with 40% across all owner occupation in this age group.

Therefore, there is evidence that those who will lose out financially are older, but it is expected that the older people living in the relevant areas throughout the year are winners because the local society will be more resilient and sustainable. Pregnancy and No effect maternity Marriage and Civil No effect Partnership 10) ADDRESSING THE EFFECTS

a) Note any possible effects from an equality perspective

Two particular sections of the population will be subject to the premium, namely the owners of second homes, and owners of long term empty homes. It is not considered that this will impact disproportionately on any of the protected characteristics.

b) What steps can be taken to lessen or improve these effects?

No further steps necessary.

c) Is it necessary to reconsider the proposal?

No

11) ARRANGEMENTS FOR MONITORING AND REVIEWING

What steps will you take to review the policy / plan / practice once it has been adopted? Although the above assessment recognised the possible effect, it must be remembered that the full effect will not be seen until the policy is implemented

A decision will have to be made before 31 March 2017 if a premium is to be raised from 1 April 2018. We will consider the impact of the premium annually as part of the work of the Taxation Service.

12) DECISION

The full Council to decide on 8 December 2016.

Page 58 Agenda Item 11

MEETING: Full Council

DATE: 8 December 2016

CABINET MEMBER: Councillor Ioan Thomas, Cabinet Member for Housing, Customer Care and Libraries, Deprivation and Equality)

TITLE: COUNCIL TAX REDUCTION SCHEME 2017/18

OBJECTIVE: Confirm the continuation of the current Local Scheme for providing assistance towards paying Council Tax for the year beginning 1 April 2017

CONTACT OFFICER: Dafydd L Edwards, Head of Finance

1. EXECUTIVE SUMMARY

1.1 The purpose of this report is to present arrangements for the implementation of the Council Tax Reduction Scheme and to approve it for 2017/18.

1.2 On 1 April 2013, as part of the UK Government’s welfare reform programme, Council Tax Benefit was abolished and replaced by the Council Tax Reduction Scheme.

1.3 In accordance with the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013, every local authority must make a scheme in order to determine which reductions will be available as support towards paying the Council Tax. Gwynedd Council’s current local scheme was adopted by the Full Council on 10 December 2015.

1.4 The Regulations insist that the Full Council must adopt the local Scheme every year, and must do so by 31 January before the start of the relevant financial year.

1.5 Under the local scheme, qualifying taxpayers may continue to receive a reduction up to 100% of their Council Tax bill (where in receipt of certain benefits).

1.6 The recommendations below are that the Gwynedd Council Local Scheme continues without revisions for 2017/18. Detailed explanations and reasons behind the subsequent recommendations follow in the body of this report.

Page 59 2. RECOMMENDATIONS

The full Council is asked to resolve formally:

2.1 To continue the Council’s Local Scheme for the year commencing 1 April 2017 as it was during 2016/17. Therefore, the following conditions (a – c below) regarding the discretionary elements will continue:

a) To apply a 100% disregard for war disablement pensions, war widows’ pensions and war widowers’ pensions, for both pensioners and working age claimants.

b) Not to increase the extended reduction periods for pensioners and working age claimants from the standard four weeks in the Prescribed Scheme.

c) Not to increase the backdate period for pensioners and working age claimants from the standard three months contained within the Prescribed Scheme.

2.2 Where appropriate, to delegate powers to the Head of Finance, in consultation with the Cabinet Member for Housing, Customer Care and Libraries, Deprivation and Equality, to make minor amendments to the scheme for 2017/18, on condition that it will not change the substance of the scheme.

3. BACKGROUND INFORMATION

3.1 In accordance with the Welfare Reform Act 2013, since 1 April 2013, the responsibility for arranging support towards paying Council Tax, and the associated funding, has transferred from the DWP to local authorities in England, and to the Scottish Government and the Welsh Government.

3.2 The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 allow support up to 100% for claimants and the financing of some of the relevant cost.

3.3 The Gwynedd Council Local Scheme for 2016/17 was approved by the Full Council on 10 December 2015. The Regulations control the implementation of reduction schemes across the whole of Wales and are designed to ensure that each local authority consistently provides support for Welsh taxpayers.

Page 60 4. 2017/18 REDUCTION SCHEME

4.1 The Regulations (Regulation 18) state that for each financial year, an authority must consider whether to revise its scheme or to replace it with another scheme; the authority must make any revision to its scheme, or any replacement scheme, no later than 31 January in the financial year preceding that for which the revision or replacement scheme is to have effect.

4.2 The Regulations (Regulation 12) state that the function of making the scheme cannot be delegated to the Cabinet, and it must be decided by the full Council.

4.3 Therefore, the purpose of this report is to satisfy the requirement for the Council to consider whether to revise its local scheme.

4.4 There is limited discretion under the Prescribed Scheme for councils to consider the following 3 specific discretionary elements. These discretionary elements are more generous than the national scheme.

War disablement pensions, war widows’ pensions and war widowers’ pensions (recommendation 2.1(a) above)

4.5 There is discretion to increase the disregard for war disablement pensions, war widows’ pensions and war widowers’ pensions, for both pensioners and working age.

Presently, regulations provide that the first £10 of a weekly war disablement pension, war widows' pension and war widowers' pension are disregarded. However, local authorities have discretion to disregard up to 100% of the actual amount above the first £10. Since 1 April 1996 Gwynedd Council, as have the majority of other Welsh Authorities, resolved to disregard 100% of the war pensions above the £10. It is estimated in 2017/18 that this disregard of war pensions will cost the Authority approximately £33,000 in Council Tax reductions. As this is the position in 2016/17, this sum has already been included within the base budget and in the 2017/18 Financial Strategy.

It is recommended that this local discretion in Gwynedd continues.

Extended payment period for working age persons (recommendation 2.1(b) above)

4.6 There is discretion to increase the standard extended payment period of 4 weeks given to people after they return to work, when they have been in receipt of a relevant qualifying benefit for at least 26 weeks.

There is no limit on the maximum period they may be extended to, but to extend this period would have financial implications. The estimated expenditure in respect of the standard 4 week extended payments is approximately £24,000.

It is recommended that the standard four week extended payment period contained within the Prescribed Scheme remains unaltered.

Page 61 Backdating late applications (recommendation 2.1(c) above)

4.7 There is discretion to increase backdates for late applications beyond the standard three months. There is no limit on the maximum period they may be extended to. The current cost of granting backdated claims (3 months) is estimated at £23,000.

The current Council Tax Reduction Scheme only allows backdating for a maximum period of 3 months. Extending this period would increase the cost of the Scheme.

It is recommended that there should be no increase in the backdate period from the standard 3 months contained within the Prescribed Scheme.

4.8 The recommendations above for 2017/18 are in line with current arrangements in 2016/17.

5. CONSULTATION

5.1 Should the Council wish to revise its local scheme – in effect to amend the 3 areas of discretion described in paragraphs 4.5 to 4.7 – it would need to consult with “any persons who would have an interest”.

5.2 There was a particularly thorough and inclusive consultation exercise in December 2012 / January 2013 for the 2013/14 scheme, and a further consultation for the period 29/11/13 to 10/01/14 for the 2014/15 scheme.

5.3 As there is no intention to change the Local Scheme this year, further consultation is not necessary.

6. EQUALITY IMPACT ASSESSMENT

6.1 Other than funding at Council level, the scheme proposed for 2017/18 does not contain any significant changes from the scheme which is currently operational. Therefore, Gwynedd Council did not conduct a local Equalities Impact Assessment Study this year. This was done for 2013/14, when the arrangements changed from Council Tax Benefit to the Council Tax Reduction Scheme.

6.2 There is very limited local discretion for amending the national scheme. The Welsh Government has undertaken a detailed ‘regulatory’ impact assessment, which includes equality impact assessment, and I understand that the findings were in line with their expectations.

Page 62 7. RESOURCES

7.1 The costs of the Council Tax Reduction Scheme have been included in the local government ‘settlement’ grant by the Welsh Government, but it should be noted that this settlement does not paying the Reduction Scheme in full.

7.2 The Council must fund any Scheme costs not included in the settlement, as well as inflation, which is not funded by the Government. In terms of inflation, the cost of support will increase in proportion with the increase in Council Tax.

7.3 Local authorities receive a contribution towards the costs of the scheme within the annual settlement, but since the establishment of the scheme in 2013, the settlement has not reflected the full actual cost. The notional cost of Council Tax Reductions in Gwynedd in 2016/17 (according to notional allocation of the total Standard Spending Assessment (SSA) between services in the conditional settlement’s tables) is £8.884m, but it is estimated that the actual expenditure will be approximately £9.3m. The notional cost of Council Tax Reductions in Gwynedd in the draft 2017/18 settlement is £8.949m, a slight increase. There is no choice other than to face this, and the matter will be considered appropriately and factored into the Financial Strategy that identifies the budgetary gap for 2017/18.

Page 63 Agenda Item 12

MEETING Full Council DATE 8 December 2016

TITLE Revision to Officers Scheme of Delegation and Financial Procedure Rules.

PURPOSE Inform Council members of changes made to Constitution’s Scheme of Delegation for Officers.

Adopt a revision to the Financial Procedure Rules.

RECOMMENDATION 1. Amend paragraph 16. 6 37 of the Financial Procedure Rules in accordance with the report.

2. Note the revisions to the Officers Scheme of Delegation

AUTHOR Iwan G D Evans, Head of Legal Services / Monitoring Officer

1. Background

The revised Constitution was adopted by the Council in July 2014. It was based on a model constitution developed nationally. However following 2 years operating the constitution I was of the opinion that it was timely to review its implementation and open a discussion. It was not the intention is to ensure that it worked for the Council and identify areas where improved clarity or amendments were needed.

2. Amendment of Financial Procedure Rules

As the review proceeded some matters became apparent which could be addressed immediately, specifically a request was made to amend the Financial Procedure Rules.

Currently the following provision is found in the Financial Procedure Rules

16.6.37 Following receipt of capital from the disposal of property, unless there is a decision to the contrary by the Cabinet, 20% will go to the department (up to a maximum of £20,000) and the remainder to the corporate fund. The Chief Officer will have the right to use capital receipts that are within the control of the department where the value of that use is not in excess of £50,000. Approval by the Cabinet will be required for such use where the amount is in excess of £50,000.

It is fair to say that this arrangement was established at a point in time where the Council’s financial situation was completely different to that which is seen today. At that point there was less central control on property matters and it related to a period before the adoption of the Asset Management Plan.

Page 64 By today all the Council’s property has been declared to be a corporate asset and is managed centrally. By today the financial situation has changed completely of course and there is little incentive needed for departments to release underutilised property because it will enable them to make revenue savings.

The Council faces reductions in the capital budget which is available to achieve the priorities in its capital programme, the opportunity needs to be taken to maximise the capital which is available from the sale of assets to achieve our priorities. As a result of the current arrangements allowing Departments to keep 20% of every capital receipt (up to a maximum of £20,000) means some £877,000 has been allocated to departmental priorities as opposed to diverting it directly towards the priorities which have been included in the Capital Programme. If a Department has a valid case to keep part of the capital receipts in future then it will be possible to make a specific application. At that point members can consider the advantages and risks attached to that specific plan.

The proposed change is to remove the first part of the paragraph:

16.6.37 Following receipt of capital from the disposal of property, unless there is a decision to the contrary by the Cabinet, 20% will go to the department (up to a maximum of £20,000) and the remainder to the corporate fund. The Chief Officer will have the right to use capital receipts that are within the control of the department where the value of that use is not in excess of £50,000. Approval by the Cabinet will be required for such use where the amount is in excess of £50,000.

The matter was reported to the Audit Committee on the 1st of December to seek their views and this will be reported orally to the meeting.

3. Officers Scheme of Delegation

The Constitution permits the Council Leader to adapt the Delegation Scheme in relation to executive powers (Section 5 para 5.8.3). He is required to report on the changes to the next meeting of the Council after the decision.

After starting the process to review the Constitution, the need to adapt and update the delegated rights of officers as a result of changes to legislation and internal reorganisation, was highlighted.

3.1 Head of Corporate Support Department

Following internal reorganisation, some Units were transferred from the Head of Adults, Health and Well-being Department to the responsibility of the Head of Corporate Support Department. Consequently, there is a need to amend the delegation scheme to reflect this change. The powers transferred are noted in Appendix 1. Similarly, these responsibilities will be removed from the responsibilities of the Head of Adults, Health and Well-being Department.

Page 65 3.2 Heads of Adults, Health and Well-being Department and Children and Supporting Families Department

Following statutory changes introduced by the Social Services and Well-being (Wales) Act 2014, the delegated rights need to be adapted to reflect the arrival of the new Legislation. The delegated rights of Officers have been drafted in a way which already encompasses the functions but, where there is specific reference to the Act, there is a need to ensure that the delegation is current. The changes are noted in Appendix 2.

Recommendation

1. Subject to the views of the Audit Committee amend paragraph 16.6.37 of the Financial Procedure Rules in accordance with the report.

2. To note the amendments to the Officers Scheme of delegation in Section 13 part 3 of The Constitution.

Iwan G D Evans

Head of Legal Services / Monitoring Officer

Page 66 Appendix 1

4. Head of Corporate Support

In the “Scheme of Delegation to Committees" in Appendix 3 to Section 13 of the Constitution, it is noted where functions that are not the responsibility of the Executive have been delegated to Chief Officers. Where no chief officer has been named in that document, the power has not been delegated rather it has been reserved by the committee. Functions delegated by the Council

4.1 To act as Head of Democratic Services.

4.2 The right to authorise members to attend seminars or outside conferences that are not on the approved list. 4.3 To determine, on behalf of the employer, stage 1 of an appeal under the internal dispute resolution procedure of the Local Government Pension Scheme. Functions delegated by the Cabinet

4.4 To act on a day to day basis and within the scheme in the following areas:- • Improvement Programme

• Priorities

• Policy overview

• Single Integrated Plan

• Procurement

• Scrutiny

• Research

• Community Safety

• Democratic service

• Equality plan.

• Language policy.

• Translation

• Internal and External Communications

Page 67 • Cabinet Support

• Work terms and conditions

• Industrial relations

• Staff training and development

• Recruitment and appointment procedure

• Employer's responsibility relating to health and safety matters • Printing

• Customer care (Galw Gwynedd, Siôp Gwynedd, Council's Website). • Information management.

• Registration of births deaths and marriages

4.5 To be the proper officer for signing applications for checks with the Criminal Records Bureau.

4.6 To decide on re-grading applications (to be discharged through the job evaluation procedure). 4.7 The right to give consent under Section 30 of the Anti-social Behaviour Act 2003 (the use of dispersal orders).

4.8 To exercise the Council’s powers under the Local Government Act 1972 and the Local Government and Housing Act 1989 in relation to appointing members to serve on committees.

4.5 To be the proper officer for the purposes of the registrations of births, deaths and marriages.

4.6 To exercise the Council’s powers under the Marriage Act 1994 and the Civil Partnership Act 2004.

4.7 Authority to approve premises for the solemnisation of marriages and registration of civil partnerships.

Page 68 Appendix 2

8 Head of Adult Services, Health and Wellbeing

In the “Scheme of Delegation to Committees" in Appendix 3 to Section 13 of the Constitution, it is noted where functions that are not the responsibility of the Executive have been delegated to Chief Officers. Where no chief officer has been named in that document, the power has not been delegated rather it has been reserved by the committee. Functions Delegated by Council

Authority to approve a property for the administration of marriages and registering civil partnerships. Functions Delegated by Cabinet

8.1 To act on a day to day basis and within the scheme in the following areas:- • Elderly people's services

• Mental Health

• Physical disabilities

• Learning disabilities

• Residential and day services

• Home care

• Welfare Rights Unit

• Youth Offending Team

• Homelessness

• Private sector housing enforcement

• Housing and renovation grants

• Safeguarding of Adults

8.2 To act as the "responsible person" for the purposes of the Care Standards Act 2000. 8.3 To exercise powers under all the Acts listed in Schedule 1 of the Local Authorities (Social Services) Act 1970 and Schedule 2 of the Social Services and Wellbeing ( Wales) Act 2014. 8.4 To authorise proper officers to exercise the Councils powers under Section 127 of of the Social Services and Wellbeing ( Wales) Act

Page 69 2014. 8.5 To exercise the Council's functions in relation to homelessness in accordance with Part 8 – Housing Act 1996. 8.6 To approve the sale of former Council Houses for people who meet the statutory conditions and accept or refuse an offer to re-purchase a former Council house under Section 157 of the Housing Act 1985. 8.7 To exercise the Council’s functions in relation to unfit housing under the Housing Act 1985 and the Housing Grants, Construction and Regeneration Act 1996. 8.8 To exercise the Council’s powers to issue notices and take enforcement steps in relation to houses in multiple occupation. 8.9 To exercise the Council’s enforcement powers in the private housing sector. 8.10 To approve or refuse and administer grant applications under the Housing Grants, Construction and Regeneration Act 1996. 8.11 To operate a transferable discount scheme.

8.12 To exercise the Council’s functions relating to drainage, water supply and other environmental health matters under the Building Regulations Act 1984 and nuisance under the Environmental Protection Act 1990. 8.13 To exercise the Council’s functions under the Housing Act 2004.

8.14 To serve property notices under the Law of Property Act 1925.

8.17 .

9 Head of Children and Family Support Service

In the “Scheme of Delegation to Committees" in Appendix 3 to Section 13 of the Constitution, it is noted where functions that are not the responsibility of the Executive have been delegated to Chief Officers. Where no chief officer has been named in that document, the power has not been delegated rather it has been reserved by the committee.

Functions Delegated by Council

None

Functions Delegated by Cabinet

9.1 To act on a day to day basis and within the scheme in the following areas:- • Children's services.

Page 70 • Youth offending team.

9.2 To exercise powers under all the Acts listed in Schedule 1 of the Local Authorities (Social Services) Act 1970 and Schedule 2 of the Social Services and Wellbeing ( Wales) Act 2014. 9.3 To be the adoption agency decision maker.

Page 71 Agenda Item 13

MEETING Full Council DATE 08/12/2016 TITLE Arrangements for Local Government Elections, 2017 PURPOSE To raise the awareness of Council Members of the arrangements being developed for the Local Government Elections, May 2017 AUTHOR Councillor Dyfrig Siencyn CONTACT Vera Jones, OFFICER Democratic Services Manager

1. BACKGROUND 1.1 As members are aware, the Local Government elections will take place on 4th of May 2017. The Democratic Services Committee has been preparing and planning in order to ensure that Council arrangements are in place for members who are elected in May 2017.

1.2 A small group of members was set up and this group has been leading on establishing these arrangements. The group identified three work streams for the preparatory work, namely:  Preparing candidates  Welcome days and the training programme  Technology Considerations

1.3 In developing programmes for these three areas, it is important to note that members have considered the messages and lessons following the arrangements in 2012, messages from elected members stemming from their personal development interviews, as well as consulting with all of the Committee and the Council's Business Group.

1.4 Please note that the work builds upon the work of the Diversity Sub-group, which has been working for a while to encourage individuals from different backgrounds to stand in local government elections. A short video has been created to encourage individuals who are considering standing as a Councillor, and it can be viewed through the Council’s website. We will be able to view the video during the meeting.

2. Sessions to Prepare Candidates

2.1 The purpose of the preparatory sessions is to give prospective candidates an opportunity to meet officers and Council members and to get more information regarding what is expected of them and an opportunity for an informal talk. The sessions have been organised in response to observations from several Members who were not clear regarding what to expect following an election win.

Page 72 2.2 A session has been organised in each of the three areas as follows:

DATE LOCATION TIME 17th January, 2017 Frondeg, Pwllheli 6 - 8pm 18th January 2017 Cae Penarlâg, Dolgellau 6 - 8pm 19th January 2017 Siambr Dafydd Orwig, Caernarfon 6 - 8pm

2.3 For information, we will raise awareness of the sessions via the Council's website and on our Twitter and Facebook accounts by contacting Community Councils and via the political groups. It is also proposed to consult with members in the Area Forums on how to raise more publicity.

2.4 We are also fully aware that not all potential candidates would wish to attend a public meeting. Many prefer to search for information on line these days, and therefore work has been undertaken to improve the information available on the Council’s website for individuals considering standing in the elections. The information can be viewed on the following link:

https://www.gwynedd.llyw.cymru/en/Council/Councillors-and- committees/Councillors-and-committees.aspx

2.5 The information on the website is provided under the following titles:  The Role of a Councillor  Am I eligible?  How to stand for election?  After being elected  Facilities and support for Councillors

3. Welcome days and the training programme

3.1 The welcome days for all members will take place on Tuesday 9th May and Wednesday, 10th May in Caernarfon.

3.2 The arrangements for 2017 are quite different to what was given in the past. The days are a combination of joint formal sessions for all and informal sessions in smaller groups. There is also a variety of formal presentations with the emphasis on equipping members to be able to find information themselves. We have tried to identify the main factors that are essential for members to have in order to equip them for the first days.

3.3 An outline of the contents of these days and the arrangements can be seen in Appendix B.

3.4 In addition, it has been necessary to try and identify a further training programme to the welcome days. The work is currently on-going to try and identify different methods of learning in order to facilitate this for members e.g. e-learning,

Page 73 webinars, brief sessions in the area forums etc. We will also collaborate with the Welsh Local Government Association to develop some joint sessions across North Wales.

4. Technology Considerations

4.1 As the Council is trying to encourage electronic communication where possible, the group is also considering the requirements in terms of the electronic provision for elected members following the 2017 elections. It is necessary to undertake this as the existing provision of ipads have reached the end of their lifespan following a period of five years.

4.2 In order to ensure that the group comes to the correct conclusion, members are currently trialling different equipment and using them every day to fully assess them. The group will undertake an appraisal of the equipment by the end of January and will consider a number of different factors in the assessment before coming to a conclusion.

5. RECOMMENDATIONS 5.1 Council Members are requested to accept the contents of the report.

Page 74