CYNGOR Sir Ddinbych Denbighshire COUNTY COUNCIL

______

MINUTES

of Council and Committee Proceedings for the period

27 March 2001 - 15th May 2001

______THE MINUTES VOLUME

This volume contains the minutes of the following Committees and Sub-Committees:-

Page Nos.

Joint Agricultural Board of Denbighshire and Flintshire ... 5 February 2001 ...... 595 - 599 Audit Panel ...... 7 March 2001 ...... 600 - 601 Cefndy Enterprises Panel ...... 7 March 2001 ...... 602 - 603 Special Licensing Panel ...... 14 March 2001 ...... 604 - 609 Resources Scrutiny Committee ...... 20 March 2001 ...... 610 - 613 Special Cabinet ...... 20 March 2001 ...... 614 Lifelong Learning Scrutiny Committee ...... 20 March 2001 ...... 615 - 620 Environment Scrutiny Committee ...... 21 March 2001 ...... 621 - 623 Personal Services Scrutiny Committee ...... 21 March 2001 ...... 624 - 626 Cabinet ...... 22 March 2001 ...... 627 - 633 Denbighshire Joint Consultative Committee ...... 22 March 2001 ...... 634 - 638 Council ...... 27 March 2001 ...... 639 - 647 Planning Committee ...... 28 March 2001 ...... 648 - 654 Best Value Scrutiny Committee ...... 28 March 2001 ...... 655 - 657 Cabinet ...... 3 April 2001 ...... 658 - 663 Special Council ...... 3 April 2001 ...... 664 - 665 Denbighshire County Council and Teachers' Consultative Committee ...... 4 April 2001 ...... 666 - 670 Childrens and Residential Care Homes Panel ...... 5 April 2001 ...... 671 - 674 Special Resources Scrutiny Committee ...... 9 April 2001 ...... 675 - 677 Licensing Panel ...... 10 April 2001 ...... 678 - 683 Special Cabinet ...... 11 April 2001 ...... 684 - 685 Corporate Health Safety and Welfare Panel ...... 17 April 2001 ...... 686 - 691 Denbighshire County Council Local Joint Consultative Committee ...... 17 April 2001 ...... 692 - 694 Resources Scrutiny Committee ...... 18 April 2001 ...... 695 - 697 Cabinet ...... 19 April 2001 ...... 698 - 706 Lifelong Learning Scrutiny Committee ...... 23 April 2001 ...... 707 - 710 Environment Scrutiny Committee ...... 23 April 2001 ...... 711 - 714 Personal Services Scrutiny Committee ...... 24 April 2001 ...... 715 - 718 Planning Committee ...... 25 April 2001 ...... 719 - 725 Best Value Scrutiny Committee ...... 25 April 2001 ...... 726 - 727 JOINT AGRICULTURAL BOARD OF DENBIGHSHIRE AND FLINTSHIRE

Minutes of a meeting of the Joint Agricultural Board of Denbighshire and Flintshire held in the Committee Room, Caledfryn, Denbigh on Monday 5th February, 2001 at 2.00 p.m.

PRESENT

Denbighshire - Councillors D. Jones, G. Jones, E.R. Jones, E.A. Owens (Observer) and S. Thomas together with Mr. K. Ewing (Head of Public Protection and Regulatory Services), Mr. S.M. Williams (Group Manager-Property), Ms J. Ogden (Best Value Officer), Mr D. Hughes (Senior Building Surveyor) and Mr. C.I. Williams (Administrative Officer).

Flintshire - Councillors D. Darlington, E.T.Evans and J.F. Jones together with Mr. R. Taylor (Head of Technical Services), Mr. M. Humphreys (Solicitor) and Mr. D. Batchelor (Land Agent).

Mr. D. Batchelor (Land agent) informed Members that he was attending his last meeting of the Board following his appointment to a new post at Lincolnshire County Council. The Chair, Members of the Board and Officers thanked Mr. Batchelor for all his help and hard work and wished him well for the future.

Members together with the Group Manager-Property stressed the importance of appointing a new Land Agent to the post as soon as possible, and requested that they be informed of any temporary arrangements made by Flintshire County Council in the interim period.

1175. MINUTES

(i) The Minutes of the meeting of the Joint Agricultural Board of Denbighshire and Flintshire held on the 23rd October, 2000, had been circulated with the papers for the meeting.

RESOLVED that the Minutes be approved as a correct record.

(ii) The Minutes of the meeting of the Joint Agricultural Board of Denbighshire and Flintshire held on the 20th November, 2000, had been circulated with the papers for the meeting.

Matters arising:-

3. Maes Gwyn and Brookfield Farms - the word `means' be changed to `mesne'.

4. Gelli Fowler, Brynford - the word `mild' in the resolution be changed to `milk'.

5. Wern Fawr Farm, Caerwys - the name `Jones` be inserted after the word Mr.

RESOLVED that subject to the above the Minutes be approved as a correct record.

1176. URGENT ITEMS

In accordance with the requirements of Section 100B(4) of the Local Government Act, 1972, the Chairman declared that he intended to include for discussion, the following matters requiring urgent attention:-

PART II

Maes Gwyn and Brookfield Farms.

RESOLVED that the items to be considered under Part II of the Agenda.

1177. BEST VALUE SERVICES REVIEW - FLINTSHIRE AND DENBIGHSHIRE COUNTY COUNCILS

A report by the Land Agent was circulated with the papers for the meeting, which outlined the Best Value Review of Flintshire County Council's agricultural estate, sought approval for the Best Value

595 Service Improvement Plan for Flintshire and provided an update on the progress of Denbighshire County Council's Best Value Review.

Members were provided with a summary of the background to the Best Value Review, together with, an outline of the conclusions and considerations provided in the report.

It was explained that in order to successfully pursue the issue of Best Value, it would be important to assume a joint approach and to widen the scope of the Review. The need to progress Denbighshire's element of the Review as soon as possible was also highlighted during the debate.

During the discussion, Members and Officers referred to a number of issues which included the need for interaction between the Board and Cabinet, a review of rents for the holdings within the Agricultural Estate, the setting up of a formal framework within the Project team and the need for a Voluntary Competitive Exercise to be undertaken at the appropriate time.

RESOLVED that:-

(a) the report be received and Flintshire's Best Value report be put on hold pending Denbighshire's Best Value exercise being progressed;

(b) a review of rents for the holdings within the Agricultural Estate be reviewed at the next meeting of the Board, and

1178. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 7 of Part I of Schedule 12A of the Act.

1179. GRAZING LAND AT GLASDIR, RUTHIN

The Head of Public Protection and Regulatory Services referred to the confidential report which had been circulated with the papers for the meeting.

He advised Members of the Board of his proposal to recommend that compensation to the Agricultural Estate be limited to £100,000. Members were also addressed by the Cabinet's Lead Member for Finance, on the community benefits offered by the proposals and the constraints upon the anticipated Capital Receipts.

During the ensuing discussion, Members did not resolve to support the recommendation to declare the land surplus and considered that the indicative level of compensation to be far too low a sum, insisting that they should be recompensed on a `like for like' basis and instructed officers to commission an independent valuation.

Following a full and detailed discussion, it was proposed and:-

RESOLVED that valuation advice be sought on the land in question.

1180. GELLI FOWLER - MILK PRODUCTION

A report by the Land Agent was circulated with the papers for the meeting. A letter received from the tenant of Gelli Fowler was circulated at the meeting.

Members were provided with a summary of the report and the officers referred to the representations made by the tenant to the Board at its meeting held on the 10th July, 2000.

596 The Land Agent reminded Members that the tenant had already ceased milk production and he referred to the three suggested options contained in the report which were available for consideration by the Board.

It was confirmed that the tenant had indicated that he did not intend to resume milk production. However, he would be prepared to enter into negotiations to relocate to another holding within the estate.

Members considered the options in detail and following a full discussion agreed that the officers be authorised to serve a Notice to Remedy requiring the tenant to resume milk production, and to enter into negotiations to relocate the tenant to another holding on the estate, subject to availability, in conjunction with the agreement of joint Chairs of the Board.

The officers explained that a Notice to Quit the holding would follow any non compliance by the tenant with the Notice to Remedy.

RESOLVED that the Officers be authorised:-

(a) to serve a Notice to Remedy requiring the tenant to resume milk production, and

(b) to enter into negotiations to relocate the tenant to another holding on the estate, subject to availability, in conjunction with the agreement of joint Chairs of the Board.

1181. FLOODING AT WERN FAWR, CAERWYS

A report by the Land Agent was circulated with the papers for the meeting.

The tenant of Waen Fawr, Caerwys addressed the meeting and presented his case to the Board and referred to the difficulties he was currently experiencing at the holding following recent flooding.

Members viewed a video tape supplied by the tenant which highlighted the problems which he had recently encountered. He referred to the damage caused to the property, the effect on milk production, his concerns for the welfare of the animals and the Health and Safety issues resulting from the incidents.

The tenant requested that the Board consider the possible purchase of a neighbouring farm which had currently be placed on the market, or possible relocation to another holding within the Estate. He informed Members that he had incurred a number of financial losses as a result of the flooding and explained that he felt he would be unable to continue under the current circumstances.

Members sympathised with the tenants circumstances and following a brief discussion, it was:-

RESOLVED that:-

(a) the officers investigate the possible relocation of the tenant to an alternative dairy farm on the Agricultural Estate conditional, that a suitable farm becomes vacant;

(b) subject to the investment being cost effective and reasonable, Officers investigate the provision of works to protect the holding from future flooding;

(c) approval be granted for financial assistance to the farm tenant of an ex gratia abatement of 6 months rent, to recognise the exceptional losses that the tenant had suffered, and

(ch) the Officers carry out investigations regarding the possible purchase of the neighbouring farm.

1182. DISPOSAL OF BROOKSIDE HOUSE - SALTNEY

The Land Agent submitted a report (previously circulated) upon:-

Approval being sought to declare Brookside House, Saltney, surplus to requirement.

597 In response to a suggestion that the L shaped section of land adjoining the rear of the property be included in the sale of Brookside House, Members agreed that this section of land also be disposed of.

RESOLVED that:-

(a) Brookside House, Saltney, more particularly edged black on the plan FA0032.04 attached to the report, be declared surplus and that it be sold on terms to be agreed by the Director of Community and Housing Services, in consultation with the County Secretary, and

(b) the land adjoining the rear of the property also be declared surplus to requirements.

1183. TY COCH, LLANGYNHAFAL

A report by the Head of Public Protection and Regulatory Services was circulated with the papers for the meeting.

The tenant of Ty Coch, Llangynhafal addressed the meeting and presented his case to the Board explaining the difficulties he was currently experiencing at the holding. He explained that the addition of Milk Quota would assist in alleviating the problems being experienced, together with, assistance for the provision of a borehole to help reduce current water rates.

Member considered the tenants request for assistance to enable the holding to continue as a viable dairy unit and following a detailed discussion, it was:-

RESOLVED that:-

(a) the tenant of Ty Coch, Llangynhafal be awarded up to 100,000 litres of additional Milk Quota, and

(b) the Board assist with the provision of a borehole, with an increase in rent reflecting the costs of the work.

1184. RENT ARREARS

A report by the Land Agent was circulated with the papers for the meeting. A further report on outstanding arrears relating to Sporting Rights - Control of Vermin and Grazing Licences was circulated to Members at the meeting.

The Officers provided Members of the Board with a detailed summary of the reports and explained that the issues contained in the reports primarily dealt with rent arrears and not necessarily bad debts.

Members expressed the view that they would not be prepared to support the writing off of any of the outstanding debts, and agreed that the Officers be authorised to take the necessary action to recover all outstanding rent arrears.

RESOLVED that:-

(a) the level of rent arrears be noted, and

(b) the Officers be authorised to take the necessary action to recover all outstanding rent arrears.

1185. CAPITAL PROGRAMME - DENBIGHSHIRE AGRICULTURAL ESTATE

A report by the Head of Public Protection and Regulatory Services was circulated with the papers for the meeting, a further report listing five additional items for inclusion in the Capital Programme was circulated at the meeting.

598 The Group Manager-Property provided Members with a summary of the report and outlined the current financial position.

Members referred to the estimated expenditure of £1,600.00 for works at Meadow Brook Farm, Rhuddlan and requested that these improvements be progressed as soon as possible, reference was also made to the need to ensure that future priorities be related to Health and Safety issues.

RESOLVED that:-

(a) the recommended Schedule of Programmed Capital Projects as included in Appendix 1 to the report, together with the five additional items included in the report circulated at the meeting, be approved;

(b) the estimated expenditure for Meadow Brook Farm, Rhuddlan be progressed as soon as possible, and

1186. MAES GWYN AND BROOKFIELD FARMS

The Land Agent referred to the meeting of the Board held on the 20th November, 2000 when it had been resolved to grant the former tenants of Maesgwyn and Brookfield Farms a joint fixed term tenancy (until the Senior Former Tenant's 65th Birthday) of Maesgwyn, (subject to the outstanding mesne profit being paid within a reasonable period and rent being paid three months in advance).

The Officers provided Members with an update of the situation and confirmed that substantial mesne profits had been paid. The options available to Members, which had been outlined in the report submitted to the meeting of the Board held on the 20th November, 2000, were outlined by the Land Agent.

The Land Agent informed Members that the former tenant of Maesgwyn Farm had indicated verbally that he and his son had no intention of vacating Brookfield Farm. He considered that the Board's decision was wrong and that he and his son could not make a living on the reduced acreage.

During the ensuing discussion the Land Agent expressed the view that a further opportunity be given to the respective tenants to present their case. However, Members expressed the view that the tenants had been already been presented with a reasonable opportunity to remedy the situation and, it was:-

RESOLVED that the Officers proceed to obtain vacant possession of the respective farms with a view to reletting them in accordance with the policy and the Estate Review.

Meeting ended 17.45 p.m.

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599 AUDIT PANEL

Minutes of the meeting of the Audit Panel held in the Council Chamber, Town Hall, Ruthin on Wednesday, 7th March, 2001 at 10.00 am.

PRESENT

Councillors P.A. Dobb, S. Drew, M.M. Jones, R.E. Jones, G.M. Kensler, J.S. Kerfoot-Davies, E.A. Owens (Observer), A.E. Roberts, F. Shaw, W.G. Thomas and W.R. Webb together with the Head of Audit Services and Electoral Services Officer.

APOLOGIES

Apologies for absence were received from Councillor G. Williams.

1187. INTERNAL AUDIT PLAN 2001/2002

The Head of Audit Services presented his report (previously circulated) detailing the schedule of work for the Internal Audit department for the year 2001/2002. The plan was based on the Strategic Audit Plan agreed by the Audit panel in October 2000. The report summarised the planned Audits for each Directorate for the forthcoming year plus external audit work and management time.

Members raised a number of queries on the plan specifically referring to and expressing their concern on the interaction between the Audit Panel, the Scrutiny Panels and the Cabinet.

Members were concerned that there should be greater interaction between the Audit Panel and Scrutiny panels to ensure that issues raised by the Auditors were brought to the attention of the relevant Scrutiny panel.

Following discussion of the report it was:-

RESOLVED - that the report be received.

1188. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4), of the Local Government Act, 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 14 of Part I of Schedule 12A of the Act.

1189. INTERNAL AUDIT REPORTS

The Head of Audit Services submitted his report (previously circulated) for Members’ information listing the internal audit reports issued, recommendations made and action taken by management.

Concern was expressed on a number of issues following a return visit to the SunCentre, especially as progress towards trust status was gathering pace. The Panel considered that the Chair and Vice Chair of the Panel should meet with a Senior Officer involved with the implementation of the trust to highlight their concerns as quickly as possible.

Queries were also raised on a number of other reports issued with Panel again expressing its concern on a Community Living Scheme and role of Personal Services Scrutiny Panel in the discussion of the problems.

RESOLVED:-

(a) that the report be received;

(b) that the Chair and Vice-Chair meet with the Assistant Director of Lifelong Learning and Cabinet Member for Tourism and Leisure to discuss the misgivings and concerns of the Panel following the return visit to the Suncentre, and 600 (c) that the Auditor’s report on the DSO Catering Service be sent to the DSO Board for consideration.

The meeting closed at 11.30 p.m.

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601 CEFNDY ENTERPRISES ADVISORY PANEL

Minutes of the meeting of the Cefndy Enterprises Advisory Panel held at Cefndy Enterprises, Cefndy Road, Rhyl on Wednesday 7th March, 2001 at 7.00 p.m.

PRESENT

Councillors A. E. Fletcher-Williams, F.D. Jones, G. Jones, N. Hugh-Jones and E.A. Owens, together with Mr. A.V. Dalzell (Staff Representative).

ALSO PRESENT

Mr. M. Hughes (Director of Personal Services), Mr. W. H. Whittaker (General Manager) and other officers including Administrative Assistant (C.I. Williams).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors D.W. Davies, J.R. Hughes, G. Williams and Ms. C. Wilson (SEPACS).

In the absence of the Chair, Councillor D.W. Davies, the Vice Chair, Councillor A.E. Fletcher-Williams, took the Chair for the meeting.

1190. MINUTES

The Minutes of the meeting of the Cefndy Enterprises Advisory Panel held on Wednesday 6th December, 2000 were submitted for information (copy enclosed).

Matters arising:-

835. Budget Monitoring Cefndy Enterprises:- The Corporate Director Personal Services informed Members that the adjustment in the budget for Cefndy, to readjust central costs, would be made prior to the finalisation of the year end figures.

838. Cefndy Enterprises:- In response to concerns expressed regarding the need to commence the re-roofing programme prior to the end of the financial year, the Corporate Director Personal Services agreed to make representations to the officer responsible highlighting the strict time limits involved.

RESOLVED that the Minutes be received.

1191. BUDGET MONITORING CEFNDY ENTERPRISES

The Director of Social Services submitted a summary of accounts (previously circulated) from the 1st April, 2000 to the 31st January, 2001, together with, a report detailing `Actual' spend per quarter.

Mr. Whittaker provided Members of the Panel with a summary of the report and confirmed that work was currently being undertaken with regard to the re-adjustment of the provision of future budget figures.

Members attention was drawn to the increase in capital expenditure which had included the provision of a Pre-treatment Finishing Plant and Robot Welder. It was explained that a future return on the investment would be envisaged if a healthy order book could be maintained.

In reply to a question from Members, Mr. Whittaker agreed that year on year comparisons for the accounts could be provided to enable more detailed inspection.

RESOLVED that the reports be received and approved.

602 1192. DATE AND TIME OF NEXT MEETING

RESOLVED that the following dates be agreed for future meetings of the Cefndy Enterprises Advisory Panel to be held at Cefndy Enterprises, Cefndy Road, Rhyl.

Wednesday, 6th June, 2001 at 7.00 p.m. Wednesday, 12th September, 2001 at 7.00 p.m. Wednesday, 5th December, 2001 at 7.00 p.m.

1193. EXCLUSION OF PRESS AND PUBLIC

1194. CEFNDY ENTERPRISES

The Director of Social Services submitted a report (previously circulated) upon:-

(i) the developments which had taken place at the Workshop since the previous meeting of the Cefndy Enterprises Advisory Panel, and

(ii) a detailed account of activities at Cefndy covering Current Work, Staffing, Sickness, Sales and Marketing, Year 2001 Strategy Planning, Tenders and Contracts, Sales and Marketing Dept Offices Relocation, Visitors to Cefndy, Objective One Funding and General Matters.

The General Manager briefly outlined to Members the salient points within the report particularly referring to:-

- Mr. Whittaker informed Members that the Orders in Hand had equalled the previous years figures despite strong competition from rival competitors;

- in response to questions from Members, Mr. Whittaker outlined the mechanism for persons employed at Cefndy and confirmed that Cefndy had been contracted to employ 48 persons;

- Mr. Whittaker referred to the visit of Mr. Ishii to propose Cefndy consider targeting Japan by attending an exhibition being funded by the Japanese Government. He confirmed that Mr. Ishii had been suitably impressed by his tour of the factory and discussions were now taking regarding the feasibility of such a project. During the ensuing discussion, Members agreed that such a business opportunity as the forthcoming exhibition in Tokyo should not be missed and they urged that Mr. W.H. Whittaker and Mr. Clive Taylor should attend, and

- Members were informed that Cefndy had been successfully reassessed under the new standards for the `Investors in People Award'. The Chair and Members congratulated Cefndy and its staff on this achievement.

RESOLVED that the report be received and approved.

Meeting ended 8.05 p.m.

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603 LICENSING PANEL

Minutes of the Special meeting of the Licensing Panel held in the Council Chamber, Nant Hall Road, Prestatyn, on Wednesday, 14th March, 2001 at 10.00 a.m.

PRESENT

Councillors P.J. Williams (Chair), J. Butterfield, M.Ll. Davies, S. Drew (observer), A.E. Fletcher-Williams, I.M. German, M.A. German (observer), N. Hugh-Jones (substitute for A.J. Tobin), T.M. Parry, J.A. Smith and P.O. Williams.

ALSO PRESENT

Head of Public Protection and Regulatory Services, Trading Standards Manager, Specialist Environmental Health Officer, Legal Services Manager, Assistant Solicitor (A. Walsh) and Administration Officer (K.E. Jones).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors P.A. Dobb and D. Jones.

1195. PUBLIC ENTERTAINMENT LICENSING: THE CROSS FOXES, MELIDEN ROAD, PRESTATYN

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

(i) the Licensing Panel held on 5th July, 2000 having considered an application for a public entertainment licence in respect of the above mentioned premises requesting permitted hours from Sunday 12 noon to 10.30 p.m., Monday to Thursday 11.00 a.m. - 11.00 p.m. and Friday to Saturday from 11.00 a.m. - 1.00 a.m.;

(ii) in view of the numerous objections to the application received from local residents regarding the potential noise and disturbance and the concerns expressed by North Wales Police regarding the impact on Crime and Disorder, Members of the Panel resolved that subject to the amended closing hour of 11.30 p.m. on Friday and Saturday the application be granted for a trial period of six months;

(iii) the Licensing Panel held on 14th February, 2001 having resolved to defer an application for the renewal of the public entertainment licence to allow the applicant sufficient time to seek legal advice regarding a number of letters of objection to the application which had been received as a result of the requisite public notice;

(iv) the receipt of six letters from local residents objecting to the renewal application on the grounds of increased noise and disturbance within the vicinity, and

(v) his recommendation.

The Head of Public Protection and Regulatory Services outlined the procedure for the determination of licensing applications as previously adopted by the Panel.

In response to a Members concern that sufficient public notice of the meeting had not been given the Head of Public Protection and Regulatory Services confirmed that the usual practice of providing copies of the agenda and reports to the local press and libraries had been adhered to.

The Legal Services Manager confirmed that having regard to the Human Rights Act 1998 those members of the public wishing to put forward representations in respect of the application may do so subject to the approval of the Panel.

Mr. J. Gaunt, Solicitor, acting on behalf of the applicant introduced Mrs. Karen Brewin, licensee of the Cross Foxes and her husband Mr. Leslie Brewin to Members of the Panel. Mr. Gaunt proceeded to address the Panel in support of the application and indicated that:-

604 - Mr. and Mrs. Brewin had managed the Cross Foxes for the last seven years;

- despite considerable public objection in July, 2000 a public entertainment licence was granted subject to the completion of any necessary works in accordance with the Council’s requirements;

- all the necessary works had been undertaken to the satisfaction of officers and the premises had been operating in accordance with the terms and conditions attached to the licence;

- his interpretation of the letters of objection attached to the Council’s report referring to an extension of hours and his confirmation that the application put forward was a renewal application and not for an extension of hours;

- since the licence was granted in July, 2000 the licensee had only received two letters of complaint regarding noise nuisance and after investigation by Mr. Brewin it was found that the noise levels complied with the Council’s standards;

- numerous complaints had been received at the time of the original application in July, 2000 but the Council’s Pollution Control Section had only received two complaints since then;

- the number of complaints received from residents had reduced from forty-seven objectors in July, 2000 to just a handful of complainants objecting to the renewal application;

- referred to a location plan (circulated at the meeting) showing the proximity of the complainants to the premises and submitted that there were residents located closer to the premises who would be more directly affected who had not complained;

- the property adjacent to the Cross Foxes on Meliden Road was currently unoccupied but Mr. Brewin had spoken with the owner and she confirmed that she had no objection to the application for renewal, similarly no objection had been received from the properties across the road facing the Cross Foxes;

- the entertainment provided consisted of a disco on Fridays and Saturdays and karaoke on Sundays;

- he was aware that there could be an escape of noise from the premises, particuarly through the four ventilator extractor fans and proposed that sound proofing baffles would be fixed to the fans which would substantially reduce the noise;

- there had been no police objections to the application, and

- he would ask for the Panel to grant a renewal of the public entertainment licence on the basis of the track record of the premises over the last six months.

In response to Members questions Mr. Gaunt advised that:-

- to combat noise which had occurred during the summer months when the doors had been left open the licensee had introduced the practice of ensuring all the doors and windows remained closed;

- there were four extractor fans directed outside the premises to which sound proofing baffles would be affixed to reduce the noise levels;

- two windows at the front of the premises could be opened but the remaining windows were sealed shut and staff were instructed to ensure that the two front windows were kept closed;

- the entrance door in the lobby was kept shut and was only opened when patrons were entering or leaving the premises;

605 - his understanding that the premises was operating in accordance with the conditions imposed by the Council six months ago and as only two complaints had been received he was not aware of noise emanating from the premises;

- the number of barrel skips for the premises had been increased to reduce the noise caused from that source;

- as part of the responsible management at the premises patrons were encouraged to leave the premises in a quiet and orderly manner;

- two door supervisors were employed at the premises on Fridays, Saturdays and Sundays to ensure the number of patrons were controlled and that the door was not left open;

- if objectors had no direct line of sight to the premises assumptions may have been made as to the source of the noise;

- the ventilation system at the premises was two years old but the policy of not leaving the door open had only been implemented since July, 2000, and

- there had been no incidents involving the police inside the premises.

A Member wished to emphasise that although the licensee and the Council’s Pollution Control Section had only received two complaints the ward members for the Prestatyn area had received numerous complaints regarding noise nuisance and disturbance at the premises.

The Head of Public Protection and Regulatory Services indicated that although the licensee did not have a duty to control noise outside the premises she could assist in the control of that noise and minimise disruption to residents in the area.

Mr. G. Aveyard, the Council’s Specialist Environmental Health Officer informed Members that only two complaints had been received since October, 2000. One complaint on behalf of a number of residents of Cassandra Court and the other was from an occupant of a property in Hendre Court. He indicated that most of the properties in Hendre Court were unoccupied at present and he considered those properties to be the most likely to be affected by music emanating from the premises. Members were informed that the noise control condition required inaudibility at all neighbouring properties. After further investigations and discussions with the complainants it was found that prior to October, 2000 music was often distinctly audible within the complainants properties but had been less so after this date, probably owing to the inclement winter weather when doors of the Cross Foxes and windows of the complainants remained closed.

Mr. Aveyard confirmed that complaints had also been received regarding the noise of patrons arriving and leaving the premises and the attendant noise from cars and taxis. Those were aspects that could not be controlled through the public entertainment licence conditions or other legislation but could be a consideration for the Panel regarding the impact of the operation of the premises under the public entertainment licence. He explained that he had no evidence of breaches of the condition relating to the music emanating from the premises, however, he had visited the premises in July, 2000 and November, 2000 and believed at those times the condition would have been breached due to the levels of music being played within the premises; times when the doors of the premises both on the front elevation and to the rear had been left open; and noise arising from open windows and the ventilation grills in the walls of the premises which allowed some music to escape.

In conclusion Mr. Aveyard submitted that although the noise generated from the playing of music and DJ vocals could be controlled to comply with the licensing condition he did not recommend that the licence be automatically renewed. He would request that the applicant submit details of the means she proposed to take to ensure that the condition was met and that any work agreed as a result was completed within a reasonable period. Without such further controls he could not support the application and would expect to receive further noise complaints in the warmer weather.

In response to Members questions Mr. Aveyard advised that:-

- he had monitored the noise levels from various positions within the vicinity of the premises; 606 - the use of sound monitoring equipment had been offered to the complainants after October, 2000 to record the noise levels inside their properties;

- the complainants had declined the offer to use the recording equipment as they found that the noise had been less audible within their properties since October, 2000, probably due to the inclement winter weather when the doors of the Cross Foxes and windows of the complainants remaining closed;

- the number of patrons inside the premises did not have an impact on the noise levels which resulted primarily from the music system used, and

- prior to July, 2000 the rear doors at the premises were left open and a high volume of noise was emanating from that area;

In response to a Members question the Head of Public Protection and Regulatory Services advised that the maximum number of persons to be admitted into the premises was 200 and there had been no complaints or suggestions of overcrowding at the premises.

At this juncture (11.10 a.m.) the meeting was adjourned for five minutes to allow Members to participate in refreshments.

Chief Inspector D. Evans of the North Wales Police addressed the Panel and informed Members that since the public entertainment licence was granted in July, 2000 the premises had been closely monitored. He provided Members with statistical evidence detailing Police involvement within the vicinity of the premises as follows:-

- on 10th November, 2000 at approximately 11.18 p.m. the Police responded to a call for urgent assistance, four people were arrested and the situation defused;

- on 10th November, 2000 at approximately 11.51 p.m. the Police were called to a further disturbance and five persons were arrested;

- on 24th November, 2000 at approximately 11.46 p.m. the Police responded to a disturbance and a number of persons were arrested, and

- on 27th January, 2001 at approximately 9.30 p.m. the Police received a telephone call from a person claiming to have been assaulted by the door staff employed at the Cross Foxes and when the Police responded to investigate Police Officers were attacked and three persons were arrested.

Chief Inspector D. Evans indicated that the Cross Foxes was very popular with patrons. If persons could not go into the premises they would congregate outside and disturbances were caused when those people encountered patrons leaving the premises at closing time. As a result Police presence had been increased within the locality, particularly over the Christmas and New Year period but no further problems had been encountered. He confirmed that he had found the premises to be a well run and well managed establishment and if any problems were encountered inside the premises customers were quietly ejected from the premises. He referred to a licensing record held by the Police with regard to the premises which showed there was no evidence to suggest there were any problems and all was found to be in order. He confirmed the door supervisors employed at the premises were registered by the Council.

In conclusion Chief Inspector D. Evans submitted that there was no evidence to suggest that the persons involved in the incidents were customers from the Cross Foxes and confirmed that there had been no incidents reported inside the premises but only in the vicinity of the premises.

In response to Members questions Chief Inspector D. Evans indicated that:-

- there had been no reoccurrence of the incidents in November, 2000;

- he did not know how close to the premises those incidents had occurred; 607 - the incident referred to on 24th November, 2000 had involved a group of youngsters aged fifteen and there was no suggestion that they had been drinking, and

- should the application be granted the Police would continue to monitor the premises.

In response to a Members question the Legal Services Manager confirmed that during the determination of applications local members/observers who were not members of the Committee were allowed to comment but not vote on the subject application.

Sub Officer M. Kassab of the North Wales Fire Service addressed the Panel and confirmed that an inspection of the premises was undertaken last year and he was satisfied that all the necessary fire precaution measures were in place. Consequently he had no objections to the application.

Mr. Gaunt summed up the application and indicated that:-

- the Council would have greater control over the noise levels if a public entertainment licence was granted;

- reports of disturbances within the vicinity of the Cross Foxes had been received but there was no evidence to associate those disturbances with the premises;

- the premises were a well run establishment and there had been no incidents involving the Police inside the premises;

- the Panel granted the licence six months ago despite considerable public objection and the current reality was that there were now only a handful of objectors, and

- he would ask the Panel to approve renewal of the application in accordance with the recommendations of the officers report.

At this juncture the applicant, all third parties and officers of the Council other than the Committee’s legal advisors and the Committee Administration Officer left the meeting.

The Legal Services Manager gave a brief resume of the evidence that had been presented and reminded Members that they should have clear and substantiated reasons if they were minded to refuse the application.

During the ensuing discussion Members expressed concern regarding the objections received and the report by the Council’s Specialist Environmental Health Officer detailing the impact of audibility. Members noted that if they were minded to refuse the application the Council would have little control over the noise levels emanating from the premises which could be addressed under the exisiting public entertainment licence regulations. Members further noted that the potential for noise nuisance was more likely in the summer months when doors and windows of both the Cross Foxes and nearby properties were left open.

It was proposed and seconded that the application be granted for a further six month period with measures being undertaken by the applicant to control noise levels and the premises continue to be monitored to assess the impact of the level of noise and disturbance generated from the premises on the locality. Members also suggested that air scrubbers could be used to replace the ventilator extractor fans to help combat the noise escaping from the premises at that source.

Upon being put to the vote it was:-

RESOLVED that:-

(a) the application be granted for a further six month period subject to the applicant implementing a scheme to control noise levels at source together with works required to prevent the emission of noise from openings within the structure (viz. doors and ventilation ducts);

608 (b) any works as identified in the proposals as referred to above to be implemented within eight weeks of the date of issue of the licence;

(c) the levels of noise emanating from the premises must be inaudible to any properties in close proximity to the Cross Foxes, and

(ch) officers continue to monitor the premises over the next six months to assess the impact of the level of noise and disturbance generated from the premises on the locality.

The Chairman then conveyed the decision of the Panel to the applicant. He also informed the applicant of Members suggestion that air scrubbers could be used to replace the ventilator extractor fans to help combat the noise escaping from the premises at that source.

At this juncture a Member expressed concern that during the proceedings and in full hearing of the applicant the officers had been required to give instruction to the Panel on how to deal with licensing applications and advising on the relevant issues for consideration prior to determining the application. In response the Head of Public Protection and Regulatory Services indicated his intention to arrange a training seminar for Members and named substitutes regarding their duties and responsibilities during mid April.

PERSONAL

The Head of Public Protection and Regulatory Services informed Members that the Council’s Licensing Officer had recently been taken into hospital but had now been discharged and was recuperating at home. Members extended best wishes for a speedy recovery to the Licensing Officer.

The meeting concluded at 12.25 p.m.

************

609 RESOURCES POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the Resources Policy Review and Scrutiny Committee held in the Council Chamber, Russell House, Rhyl on Tuesday, 20th March 2001 at 10.00 a.m.

PRESENT

Councillors W.G. Thomas (Chairman), S. Drew, K.N. Hawkins, R.E. Jones, R.J.R. Jones (Observer), G. Williams, P.O. Williams and R.Ll. Williams.

ALSO PRESENT

Head of Exchequer Services (C. Foulkes), Head of ICT (D. Roberts), Head of Revenue Services (J. Watkin), Administration Services Manager (R. Davies), Business Planning and Best Value Manager (Ll. Jehu) and Administration Officer (W.J. Harness).

WELCOME

The Chairman welcomed Councillor Glyn Williams to his first meeting as a member of the Resources Scrutiny Committee. He also welcomed Mr. Dean Conway Williams, a Denbigh High School pupil who, in relation to his work placement with the County Clerk’s Department in Rhyl, was observing the working of the Committee.

1196. MINUTES

The Minutes of the Resources Policy Review and Scrutiny Committee held on 20th February 2001 were submitted.

Correction

Also Present - that the Corporate Director - Resources be included in the list of those also present at the meeting.

RESOLVED - that, subject to the above correction, the Minutes of the meeting of the Resources Policy Review and Scrutiny Committee held on 20th February 2001 be received and approved as a correct record.

1197. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972.

1198. PAYROLL BEST VALUE SERVICE REVIEW

The Head of Exchequer Services submitted his confidential report (previously circulated) regarding the Payroll Best Value Service Review highlighting the scope of the review, make-up of the project team, service profile, SWOT Analysis; the challenge, consultation, comparison and competition elements of the Review together with conclusions and recommendations.

The Head of Exchequer Services concluded by informing the Committee that the Service Review had shown that the present arrangement of delivering Payroll Services in-house, using in-house IT software, was currently providing Best Value for the Authority and invited Members’ attention to the Payroll Action Plan drawn up in response to the Best Value Service Review.

During the ensuing discussion the Head of Exchequer Services responded to Members’ various questions concerning the Best Value Service Review process, challenge mechanism and delivery of the current Payroll Services system.

610 The Business Planning and Best Value Manager subsequently reported to Members that Payroll and ICT had presented their Best Value Reviews to an External Challenge Panel. The Panel had made a number of minor recommendations and comments which the Corporate Director - Resources had confirmed would be addressed in the final Review and Action Plans. The Business Planning and Best Value Manager advised that the Payroll and ICT Reviews should be linked and reflect each other, and that issues and actions recommended in final reviews and Action Plans for both services should cross reference each other.

In conclusion, the Business Planning and Best Value Manager advised Members that the Council’s Best Value Unit were able to confirm that the Best Value Review carried out by Payroll Services and ICT conformed with the approved corporate approach and recommended that both Reviews be approved by the Committee for submission to Cabinet.

RESOLVED that:-

(a) the Best Value Review undertaken by Payroll Services be approved, and

(b) Cabinet be recommended to endorse the Payroll Best Value Service Review and Action Plan.

At this point in the meeting Members adjourned for a comfort break and re-convened at 11.20 a.m.

1199. ICT BEST VALUE SERVICE REVIEW

The Head of ICT submitted his confidential report (previously circulated) regarding the ICT Best Value Service Review highlighting the scope of the review, make-up of the project team, service profile, SWOT Analysis; the challenge, consultation, comparison and competition elements of the Review together with conclusions and recommendations.

The Head of ICT concluded by informing Members that the Service Review had shown that the present arrangement of delivering the ICT Service in-house was currently providing Best Value for the Authority and invited Members’ attention to the ICT Action Plan for 2001 - 2004 drawn up in response to the Best Value Service Review.

During the ensuing discussion whilst Members received satisfactory responses from the Head if ICT to their various questions concerning the Best Value Service Review process, challenge mechanism and delivery of the current ICT service, they did raise the following matters of particular concern:-

(i) the need to draw the attention of Corporate Directors, in particular the Corporate Director - Resources, to the absence of induction training, including training in the use of ICT, and to request that appropriate training courses be established;

(ii) that Cabinet’s attention be drawn to Members’ concern about (i) the Authority’s ability to comply with the National Assembly’s target to ensure that (a) all Councillors in Wales had a publicly available e-mail address by July 2001, and (b) as an integral part of e-Government, that all Councillors were provided with ICT equipment by April 2002 and, in particular, (ii) the budget implications for Denbighshire of such compliance, and

(iii) that Cabinet be recommended to consider the inclusion within budget of an annual allocation for I.T. expenditure for the renewal etc. of IT equipment identified as a need in the future.

In conclusion Members agreed that a letter of appreciation be sent from the Committee to the staff in the ICT Section expressing thanks for the work being undertaking.

The Head of ICT subsequently reported to Members that ICT had presented their Best Value Review to an External Challenge Panel and the Panel had made a number of minor recommendations and comments which the Corporate Director - Resources had confirmed would be addressed in the final Review and Action Plan.

611 RESOLVED:-

(a) that the Best Value Review undertaken by ICT Services be approved;

(b) that Cabinet be recommended to endorse the ICT Best Value Service Review and Action Plan;

(c) that the Corporate Directors, in particular the Corporate Director - Resources, be made aware of the absence of induction training, including training in the use of ICT, and to request that appropriate training courses be established;

(ch) that Cabinet’s attention be drawn to Members’ concern about (i) the Authority’s ability to comply with the National Assembly’s target to ensure that (a) all Councillors in Wales had a publicly available e-mail address by July 2001, and (b) as an integral part of e-Government, that all Councillors were provided with ICT equipment by April 2002 and, in particular, (ii) the budget implications for Denbighshire of such compliance;

(d) that Cabinet be recommended to consider the inclusion within budget of an annual allocation for I.T. expenditure for the renewal etc. of IT equipment identified as a need in the future, and

(dd) that a letter of appreciation be sent from the Committee to the staff in the ICT Section expressing thanks for the work being undertaken.

1200. REVENUES DIVISION

The Head of Revenues submitted a confidential joint report of his and the Financial Controller advising Members of the latest position regarding the work of the Revenues Division including sums due to the Council and recovery actions being taken together with those debts recommended for write off. Also included was the current position regarding benefits.

During consideration of the report, the Chairman drew the Committee’s attention to a report by the Lead Member for Finance due to be considered by Cabinet on 22nd March. This report sought Cabinet’s approval to a suggested recovery strategy in connection with the Revenues function. In view of this report to Cabinet, Members felt that there was little point in their considering the update report requested of the Head of Revenues. During a lengthy debate Members expressed extreme concern that, whilst they had previously been consulted with regard to the recent three day closure of the Benefits Office to the public to assist Revenues staff to deal with backlogs of work, the Resources Scrutiny Committee had not been given an opportunity to consider the proposed recovery strategy in relation to the Revenues function, prior to the report being submitted to Cabinet by the Lead Member for Finance.

Members considered that the advice of the Council’s Monitoring Officer should be sought regarding the timetabling of the Resources Scrutiny Committee and Cabinet two days later as clearly the system and spirit of scrutiny had been impeded and the views of the Resources Policy Review and Scrutiny Committee had not been sought by the Lead Member for Finance prior to submitting her report to Cabinet on 22nd March.

The Administration Services Manager advised that following consideration of the report by Cabinet on the 22nd March, should the recovery strategy suggested be adopted, a role for the Resources Scrutiny Committee existed in examining the operation and delivery of the Revenues Service and submitting recommendations in relation to the improvements thereof.

Members subsequently considered appendices 1 and 3 to the Joint Report which related to sundry debtors and accounts for write off.

Having regard to the sundry debtors listed in appendix 1, Members requested that when reporting such debts in future, officers include detailed information regarding the nature and source of the debts.

612 RESOLVED that:-

(a) the contents of the Joint Confidential Report by the Financial Controller and Head of Revenues be noted;

(b) in view of the fact that there was no prospect of recovery, it be recommended to Council that the following debts, as detailed in appendix 3 to the joint confidential report, be written off, viz:-

Sundry Debtor Accounts £75,100.54

(c) the advice of the Council’s Monitoring Officer be sought regarding the timetabling of the Resources Scrutiny Committee for 20th March and Cabinet two days later as clearly the views of the Resources Policy Review and Scrutiny Committee had not been sought by the Lead Member for Finance prior to submitting her report to Cabinet on 22nd March.

The meeting concluded at 1.20p.m.

************

613 CABINET

Minutes of the Special Meeting of the Cabinet held in the Monsanto Suite, Royal International Pavilion, Llangollen on Tuesday, 20th March 2001 at 8.30 a.m.

PRESENT

Councillors E.C. Edwards (Leader), I.M. German, D.M. Holder, R.W. Hughes, D.M. Morris, E.A. Owens, A.E. Roberts, K.E. Wells and E.W. Williams.

ALSO PRESENT

Chief Executive, Director of Resources, County Clerk and Assistant Personnel Officer.

APOLOGIES

Councillors G.M. Kensler and W.R. Webb

1201. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 Part 1 of Schedule 12A of the Local Government Act 1972.

1202. APPOINTMENT OF HEAD OF PERSONNEL

Following the decision to advertise externally the post of Head of Personnel the following four candidates had been invited for interview (a fifth candidate had been invited but had withdrawn):-

Mrs. E.J. Squires Mr. P.T. Horrocks Mr. G.J. Keenan Mrs. L.M. Atkin

Preliminary interviews took place at which each candidate met each of three sub groups of the Cabinet whereafter a representative from Rileys Consultants briefed Members on the recruitment process and the results of the assessment centre.

Candidates were then interviewed by full Cabinet in the above order, asked to make a presentation and to answer questions thereon.

Members discussed the merits of each individual candidate on the conclusion of all presentations and it was:-

RESOLVED that Mrs. L.M. Atkin be appointed Head of Personnel subject to a satisfactory medical report and references and to a 6 month probationary period.

The meeting concluded at 3.10 p.m. *************

614 LIFELONG LEARNING POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the meeting of the Lifelong Learning Policy Review and Scrutiny Committee held in the Council Chamber, Russell House, Churton Road, Rhyl on Tuesday, 20th March, 2001 at 2.00 p.m.

PRESENT

Councillors T.M. Parry (Chair), N. Hugh-Jones, R.J.R. Jones (observer), M.M. Jones, J.S. Kerfoot-Davies and F. Shaw together with Co-opted Members Mrs. M. Lloyd (substitute for Mr. N. Roberts) and Mr. P.R. Williams

ALSO PRESENT

Corporate Director Lifelong Learning, Head of Strategy and Resources Lifelong Learning, Education Officer, Property Services Manager Lifelong Learning, Administration Services Manager and Administration Officer (K.E. Jones).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillor P.A. Dobb and Co-opted Members Mrs. C. Ashton, N. Roberts and A. West

WELCOME

The Chair welcomed to the meeting the Corporate Director Lifelong Learning and confirmed he had received a number of reports from schools and individuals expressing their appreciation in response to the support and advice given by the new Director. The Administration Services Manager introduced and welcomed to the meeting Dean Conway Williams from Denbigh High School who was in attendance as an observer as part of his work experience placement with the Council.

1203. URGENT MATTERS

In accordance with the requirements of Section 100B(4) of the Local Government Act 1972, the Chair declared that he intended to include for discussion the following matters requiring urgent attention:-

(i) Monitoring of School Attendance (ii) Supply Teachers System (iii) Capital Projects Protocol (iv) Early Voluntary Retirement - Teachers (v) Instrumental Music Tuition In Schools (vi) Education Budget - Statement from DTJNC

1204. MINUTES

The Minutes of the meeting held on 20th February, 2001 (previously circulated) were submitted.

Matters Arising:-

Page 3 - SACRE - In response to a Member’s question the Administration Services Manager confirmed that he was awaiting confirmation from Mr. Gavin Craigen the Inspector/Adviser for Religious Education that he would be available to attend at the next meeting of the Committee to address Members regarding the role of SACRE and the provision of Religious Education within Denbighshire’s schools.

RESOLVED that the minutes of the meeting held on 20th February, 2001 be received and approved as a correct record.

1205. SPECIFIC MATTERS FOR CONSIDERATION FROM CABINET/COUNCIL

The Chair reported that no specific matters for consideration from Cabinet/Council had been submitted. He referred to an item being considered by Cabinet on 22nd March, 2000 regarding the School Organisation Plan and the rationalisation of school places and expressed concern that he had

615 not been invited to attend Cabinet specifically for that item. A Member expressed concern that the decision making process in accordance with the modernisation process was not being adhered to and felt that the School Organisation Plan should have been considered by the Scrutiny Committee prior to consideration by Cabinet.

The Administration Services Manager referred to the decision making processes operating within Cabinet and the opportunity to refer such items to the Scrutiny Committee for consideration in greater detail. He advised that if Members felt that a decision taken by Cabinet required consideration by the Scrutiny Committee they could invite the appropriate Cabinet Lead Member to the Committee to assist the scrutiny process.

1206. USE OF GUNS BY CHILDREN

The Head of Strategy and Resources (Lifelong Learning) submitted a report (previously circulated) seeking Members consideration of the use of guns by children in the light of correspondence received from the Gun Control Network regarding firearms legislation and the Council’s Code of Practice for dealing with Dangerous & Offensive Weapons (attached to the report).

The Head of Strategy and Resources addressed the Committee and explained to Members that the Chair had received a letter from the Gun Control Network seeking an assurance that the Local Education Authority had considered the implications of its staff having responsibility for children during shooting activities. She confirmed that Denbighshire’s schools did not officially participate in any form of gun activity and referred to the Council’s Code of Practice for dealing with Dangerous and Offensive weapons.

During the ensuing discussion Members referred to the importance of ensuring that all schools were made fully aware of the procedures for dealing with dangerous and offensive weapons in accordance with the Council’s Code of Practice and sought assurances from the Officers that all teaching staff were aware of this issue. In response the Education Officer confirmed that Denbighshire’s schools had been made aware of the Council’s policy. He referred to area meetings held between Officers and Headteachers and confirmed that he would draw attention to that issue at a future area meeting.

With regard to (c) of the Code of Practice relating to police interviews a Member felt that any such interview with a child must be tape-recorded as evidence of the child’s statement. Members agreed an amendment to the policy as follows:-

“c. The interview must be tape-recorded and the pupil and parents are entitled to a copy of the tape”.

The Head of Strategy and Resources indicated that advice had been taken from the Police and the Council’s Legal Department prior to the formulation of the policy and confirmed that she would seek legal advice with regard to the amendment of the policy as proposed by Members.

RESOLVED that:-

(a) the Head of Strategy and Resources seek legal advice regarding the amendment of the policy referred to above, and

(b) subject to the amendment conforming with the legal requirements the alteration of the policy as reproduced below be put before Cabinet/Council for approval:-

“c. The interview must be tape-recorded and the pupil and parents are entitled to a copy of the tape” .

1207. ESTYN INSPECTION REPORTS

The Education Officer submitted the Head of Education Services’s report (previously circulated) updating members on the recent ESTYN Inspections undertaken in Denbighshire schools. Inspection reports were submitted in respect of the following schools: Primary - Ysgol y Faenol, Bodelwyddan; St. Winefride’s RC School, St. Asaph; Ysgol Gwaenynog, Denbigh; Ysgol Clocaenog, Clocaenog; Ysgol

616 Bryn Hedydd, Rhyl; Ysgol Llewelyn, Rhyl and Secondary - Blessed Edward Jones Catholic High School, Rhyl.

The Education Officer briefly highlighted the main areas of the inspection reports and outlined both the positive and negative issues arising from each school inspection and the key issues requiring attention.

Members took the opportunity to raise questions with the Education Officer regarding individual schools particularly referring to the percentage of pupils with SEN; leadership skills of headteachers; key issues for action; health and safety aspects; inter area league sports and sports development officers involved with schools; rationalisation of school places; the progress of each school since the last inspection and the responsibility and behaviour of school children at lunch times.

Members were especially concerned that the report in respect of Ysgol Llewelyn, Rhyl had stated that the funding made available to the school per pupil was significantly lower than the average in Wales. The Education Officer confirmed that the school was providing adequate education for each pupil despite the low funding.

During the ensuing discussion Members were satisfied that the problem areas within each school had been identified and were being addressed and paid tribute to the teaching staff on the quality of education provided within those schools.

At the invitation of the Chair the Corporate Director of Lifelong Learning addressed the Committee and referred to the criteria used by the ESTYN Inspectors in compiling the inspection reports and indicated that the inspection of all schools was carried out within a six year cycle. She confirmed that an Action Plan would be prepared for each school detailing how the school would address those key issues requiring attention. She suggested that Members may wish to inspect those Action Plans and scrutinise the proposals put forward by the schools to address specific problem areas.

The Administration Services Manager confirmed that officers could programme reviews of the Action Plans compiled by individual schools within the future work programme of the Committee.

The Church in Wales Representative advised that Church in Wales schools were voluntary controlled schools and that St. Winefrides Roman Catholic Primary School and Blessed Edward Jones Catholic High School were both voluntary aided schools. He referred to the inspections undertaken at those Catholic schools by provision of Section 10 of the Schools Inspection Act 1996 which required the inspection of the contribution made by the school to its pupils’ spiritual, moral, social and cultural development (SMSC). He indicated that no reference had been made to Religious Education within the inspection reports of either school. He confirmed that he was in a position to submit corresponding reports regarding SMSC and Collective Worship for those Church in Wales schools to the Committee at a future meeting and if Members wished to consider those corresponding reports in respect of the Roman Catholic schools he would liaise with the Wrexham RC Diocese to ensure those were also available for inspection.

A teacher representative confirmed that those Catholic schools followed the Agreed Syllabus for Religious Education as approved by Denbighshire SACRE and she advised that a revised Agreed Syllabus was recently approved by SACRE which would be phased in from September, 2001.

RESOLVED that:-

(a) the ESTYN Inspection Reports be received and noted;

(b) the Head of Education Services be requested to submit regular ESTYN Inspection Reports to future meetings of the Scrutiny Committee;

(c) that the relevant officers be requested to submit reviews of the Action Plans compiled by individual schools to future meetings of the Scrutiny Committee, and

(ch) inspection reports regarding the contribution made by the schools to its pupils’ spiritual, moral, social and cultural development in the provision of Religious Education and Collective Worship be submitted to a future meeting of the Committee for consideration. 617 1208. CO-OPTED MEMBERS NAMED SUBSTITUTES

Further to Minute No. 5 of the Lifelong Learning Scrutiny Committee held on 23rd January, 2001 the Administration Services Manager submitted the County Clerk’s report (previously circulated) seeking Members approval of the appointment of named substitutes as nominated by the Co-opted Members on the Scrutiny Committee.

RESOLVED that the following representatives be appointed as named substitutes for those Co-opted Members as listed below:-

Co-opted Member Nominated Named Substitute

DTJNC Representatives

Mr. Neil Roberts Mrs. Mairwenna Lloyd Ysgol Borthyn, Denbigh 30 St. Margaret’s Drive, Rhyl

Mr. A. West Ms. P. Kelly Prestatyn High School Blessed Edward Jones, Rhyl

Denbighshire Federation of Headteachers Representative

Mr. E. Roberts Mr. Meurug Rees Ysgol Caer Drewyn, Corwen Ysgol Glan Clwyd, St. Asaph

1209. WELSH JOINT EDUCATION COUNCIL

The Chairman verbally reported that he was a representative on the Welsh Joint Education Council (WJEC) and Vice Chair of the Personnel Committee and wished to inform Members that Mr. Wynne Roberts had been recently appointed as Chief Executive. He briefly outlined the employment history and qualifications of Mr. Roberts who was one of four applicants interviewed for the post.

A Member suggested that it would be beneficial for all Members of the Council to receive a presentation from an officer from the WJEC and referred to the standards of examinations set by such organisations. Members agreed that the Chair in consultation with the Corporate Director of Lifelong Learning and the Cabinet Lead Member for Education address this issue and the possibility of a future presentation regarding the responsibility of the WJEC.

1210. PROGRAMME OF WORK

The Administration Services Manager referred to the need to devise a future work programme detailing specific matters for consideration by the Committee and advised that those urgent items as declared by the Chair may be incorporated into the work programme. Members were mindful of the need to prepare a flexible timetable and to consider other areas of the Lifelong Learning Direcorate including the Library and Information Service, Youth Services and Leisure and Countryside Services.

RESOLVED that the Corporate Director Lifelong Learning in consultation with the Chair prepare a time tabled work programme for the Committee over the next twelve to eighteen months.

1211. URGENT ITEMS

(The following items were considered as a matter of urgency, notice having been given by the Chair).

(i) Monitoring School Attendance

A Member enquired as to whether a scheme was in operation to monitor pupils attendance at school and those occasions when pupils were given authorisation to leave the school grounds. He referred to the need to ensure that every school knew the whereabouts of every pupil at any particular time. In response the Corporate Director of Lifelong Learning confirmed that

618 schools held computerised records of pupils attendance and it was agreed that officers prepare a report regarding that issue to a future meeting of the Committee.

(ii) Supply Teachers System

Members expressed concern regarding the provision of Supply Teachers within schools and referred to a leaflet entitled ‘Supply Teacher Insurance’. It was agreed that officers prepare a report regarding that issue to a future meeting of the Committee.

(iii) Capital Projects Protocol

Members requested that officers prepare a report regarding the Capital Projects Protocol to a future meeting of the Committee for consideration.

(iv) Early Voluntary Retirement (EVR) - Teachers

In response to a request from a Member regarding the EVR scheme the Head of Strategy and Resources confirmed that she would arrange for a list of those teachers leaving employment under that scheme to be circulated to all Members.

(v) Instrumental Music Tuition In Schools

The Corporate Director Lifelong Learning referred to a paper (circulated at the meeting) in response to a request by a Member regarding the provision of instrumental music tuition in schools. She briefly took Members through the report and referred to the budget; delivery of service; number of pupils involved; problems encountered and details of comparisons made with neighbouring local authorities. She explained that a Music Support Group had been formed representing primary, secondary and special schools to look for a way forward regarding that issue.

Members were informed that the current situation was being discussed with the William Mathias Schools Music Service and a report would be presented before Council detailing the options available to them. Members took the opportunity to raise questions with the Director and particularly referred to the finance and budget allocation; levels of fees charged and the provision of music tuition for all pupils.

(iv) Education Budget - Statement from DTJNC

A teacher representative read out a statement in its entirety from the DTJNC expressing concern over the allocation of the Education Budget within Denbighshire. Members were informed that having received their indicative budgets, Union Secretaries reported that schools across the County would have to release staff due to lack of funding. Despite reports of a 5% growth within the Council’s settlement the reality of the situation was that Denbighshire’s schools were facing cuts.

All Members expressed concern regarding the statement from the DTJNC and officers were requested to provide a comprehensive report addressing the issues referred to within the statement and report back to the next meeting of the Committee.

RESOLVED that:-

(a) the following items be incorporated into the future work programme of the Scrutiny Committee and the relevant officers submit a report regarding each item as appropriate for consideration at a future meeting of the Committee:-

(i) Monitoring of School Attendance;

(ii) Supply Teachers Provision, and

(iii) Capital Projects Protocol;

619 (b) the Head of Strategy and Resources Lifelong Learning be requested to provide Members with a list of those teachers leaving employment under the Early Voluntary Retirement Scheme on a regular basis;

(c) the Corporate Director Lifelong Learning’s report regarding Instrumental Music Tuition in Schools be received and noted, and

(ch) the Head of Strategy and Resources Lifelong Learning submit a report addressing the issues referred to within the statement provided by the DTJNC including redeployment positions and EVR to the next meeting of the Scrutiny Committee to be held on 23rd April, 2001.

The meeting concluded at 4.10 p.m.

**********

620 ENVIRONMENT SCRUTINY COMMITTEE

Minutes of the meeting of the Environment Scrutiny Committee held in the Council Chamber, Town Hall, Ruthin on Wednesday 21st March, 2001 at 10.00 a.m.

PRESENT

Councillors D.A. Thomas (Chair), M.Ll. Davies, P. Douglas, S. Drew (Substitute for M.A. German), E.R. Jones and P.J. Williams.

ALSO PRESENT

County Clerk, Corporate Director Environment, Senior Engineer - Transportation Planning and other officers including Administrative Assistant (C.I. Williams).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillor M.A. German and S. Thomas.

1212. MINUTES

(i) The Minutes of the meeting of the Environment Scrutiny Committee held on Wednesday, 21st March, 2001 were submitted.

Matters arising:-

7. Staff Structure for Public Protection and Regulatory Services - The Corporate Director Environment explained that, as agreed at the previous meeting of the Committee, he had sought advice from the Chief Executive regarding the protocol for any future change of structure within the Department. He explained that such matters had been delegated to the Heads of Service in consultation with the Directors with the exception of posts requiring external advertisement or posts within the politically restricted category, where Cabinet approval was required.

In response to concerns expressed regarding the timing of re-structuring within the Public Protection and Regulatory Services Section of the Directorate, the Corporate Director Environment explained that following his appointment discussions had taken place with Heads of Service within the Directorate and he was satisfied with the structure within the Directorate.

During the ensuing discussion, Members were assured that procedures would be adopted to ensure that they would be fully informed of any future re-structuring within the Directorate. The County Clerk agreed that he would endeavour to produce copies of the rules and minutes relating to this matter. Members were assured that details of future re-structuring would be provided if required.

RESOLVED that the Minutes be received and approved as a correct record.

1213. SUN CENTRE, RHYL

The Chair informed Members that a report from the Chief Executive could be completed by the end of March, 2001 and made available for consideration by the Environment Scrutiny Committee at its meeting to be held in April, 2001. He outlined the Terms of Reference of the report and Members agreed that, if the report had been finalised within the anticipated time scale, it be submitted to the next meeting of the Scrutiny Committee.

The Corporate Director Environment informed Members that a report on the current programme of works at the Sun Centre, which included three contracts for works relating to mechanical and electrical repairs, ventilation and roof replacement, could also be made available at the next meeting of the Committee. He also explained that the work programme had been running to schedule and it was anticipated that the Sun Centre would be open by the 7th April, 2001 and that the works would be completed within the allocated budget.

621 RESOLVED that:-

(a) the Chief Executive's report be submitted to the next meeting of the Committee, and

(b) the Corporate Director's report on the current programme of works at the Sun Centre be submitted to the next meeting of the Committee.

1214. COASTAL PROTECTION/ENERGY REVIEW

The Chair referred to the previous meeting of the Committee when it had been agreed that an item be placed on the agenda for the next meeting when the matter of Coastal Protection and Energy Review could be discussed in full.

Members fully supported the need to examine the possible introduction of Coast Protection and Power Regeneration Schemes. However, they highlighted the importance of ensuring that the environmental impact of an offshore power generation project on the North Wales coast line be examined in detail, and also, the need to ensure that the welfare of all residents in Denbighshire was fully protected.

The view was expressed that such a project would not act as a coastal protection scheme and concerns were raised regarding the possible, and unknown, impact on the local environment, particular reference being made to the likely effects on river flows, sand dunes and the coast line in general.

Reference was made to the need for a scoping exercise and feasibility study if such a project was to be progressed, the importance of identifying all interested parties who would need to be consulted was also highlighted, particular reference being made to the effect on the local life boat station at Rhyl. Members expressed concern regarding the financial implications of undertaking such a study, and it was felt that funding by Denbighshire County Council would not be envisaged at the present time.

Members agreed that officers be requested to keep a watching brief and report back following any future developments. It was also suggested that Denbighshire liaise with both Conwy and Flintshire County Councils with regards to the future progression of Coast Protection and Power Regeneration Schemes.

During the ensuing discussion, Members again fully supported the need to examine the possible introduction of Coast Protection and Power Regeneration Schemes. However, they stressed that the County Council's approach be one of extreme caution.

RESOLVED that a recommendation be forwarded to Cabinet that:-

(a) the project be approved in principle;

(b) the need for a scoping exercise be recognised, together with, the need to identify interested parties who would need to be consulted;

(ch) funding by Denbighshire County Council not being envisaged at the present time. However, officer be requested to keep a watching brief on the situation, and

(d) Denbighshire County Council to liaise closely with both Conwy and Flintshire County Councils with regards to the project.

1215. FUTURE WORK PROGRAMME

Members identified the following topics be included for consideration by the Committee:-

(a) Flood Defence Programme. (b) Emergency Flood Procedures. (c) Land Drainage Duties.

622 (ch) Public Questionnaire. (d) Public Toilets. (dd) Waste and Re-cycling. (e) Business Plan. (f) Sun Centre. (ff) Property Review.

Members expressed concern that in view of complexity of issues relating to Waste and Re-cycling, the matter should be dealt with by the Environment Scrutiny Committee rather than delegated to two Members of the Committee as previously agreed. Members also felt that it would be advantageous to meet with the new owner of the Landfill Site at Llanddulas.

RESOLVED that the above issues be included in the future Work Programme.

Meeting ended 11.15 a.m.

*************

623 PERSONAL SERVICES SCRUTINY COMMITTEE

Minutes of a meeting of the Personal Services Scrutiny Committee held in the Conference Room, Ty Nant, Prestatyn, on Wednesday 21st March, 2001 at 2.00 p.m.

PRESENT

Councillors J. Butterfield (Chair), N.J. Hughes, P.M. Jones and J. Smith. Councillor M.M. Jones attended as an observer. ALSO PRESENT

The Head of Strategic Planning and Support Services, Administrative Services Manager, Principal Finance Officer (Housing), Principal Housing Maintenance Officer and Administrative Officer (Mrs. J.V. Pring). Mr. D. Conway-Williams from Denbigh High School attended as part of a work experience scheme.

APOLOGIES

Councillors J.R. Hughes, R.J.R. Jones and A.J. Tobin.

1216. AGENDA ITEMS

(i) It was agreed that the order of agenda items be rearranged to assist with the commitments of officers.

(ii) In view of the availability of representatives from external agencies Members had been notified that a presentation on the Llys Marchan arrangements had been added to the agenda.

1217. HOUSING REVENUE ACCOUNT, CAPITAL AND REVENUE BUDGETS 2000/2001 AND 2001/2002

The Principal Housing Finance Officer and the Principal Housing Maintenance Officer presented a report which had been submitted by the Lead Member for Personal Services to a meeting of the Council on 27th February 2001.

A breakdown of expenditure and income for 2000/2001 and 2001/2002 was contained in annexes to the report together with details of the Housing Strategy Operational Plans for each year.

Councillor P. Jones expressed disappointment regarding the deferment of Phase 3 of the Internal Improvements at Gwynfryn Avenue, Rhyl. The Principal Housing Maintenance Officer explained that the Housing Strategy and Operational Plan was drafted almost 12 months before the budget was confirmed and this inevitably meant that the HSOP had to be reduced when the actual funding was known. The Administrative Services Manager referred to the decision taken at Council to write to residents of Gwynfryn Avenue explaining why the improvements had been deferred. The Principal Housing Maintenance Officer agreed to ensure that this was actioned.

The officers responded to Members’ questions and comments on various issues associated with housing maintenance and repairs. It was agreed that further information was needed on the policies and procedures in respect of voids and discretionary charges for repairs carried out following acts of vandalism and burglaries.

RESOLVED that:-

(a) officers be thanked for presenting the report and for responding to the issues raised therefrom, and

(b) further reports on voids and discretionary repair charges be submitted to a future meeting of the Committee.

1218. MINUTES

624 The minutes of the meeting held on 21st February 2001, (previously circulated) were submitted for consideration.

RESOLVED that the minutes of the meeting held on 21st February 2001 be approved as a correct record.

Matters arising:-

Minute No. 851 [Joint Working Party] - The Administrative Services Manager reported that he had asked lead officers to set up meetings of the Joint Housing Strategy Working Party.

Councillor J.A. Smith informed the Committee that he had recently been nominated by the Independent Group to serve on the Working Party for Housing Options in Denbighshire.

Minute No. 860 [Vetting procedures for Casual Staff] - The Administrative Services Manager informed the Committee that a meeting of the working group was due to meet the following week to discuss priority areas in relation to vetting procedures for casual staff. The Chair also referred to a letter she had received from Ann Jones, A.M. which confirmed that the police register could be accessed by Local Authorities with effect from June 2001.

Minute No. 3 [Bryn y Neuadd] - The Head of Strategic Planning and Support Services advised Members that the National Assembly had confirmed to the North Wales Health Authority that grant funding, over a three year period, had been made available to enable a comprehensive resettlement programme from Bryn y Neuadd Hospital to be prepared and implemented. However, it had not been made clear what proportion of the funding would be available within Denbighshire. The Head of Strategic Planning and Support Services agreed to report back to the Committee when a breakdown of the funding was known.

Minute No.5 [O.T.] - The Head of Strategic Planning and Support Services reported that, following enquiries with local authorities in England, he was awaiting information which it was anticipated would provide some guidance in respect of the levels of investment needed to meet O.T. targets. He agreed to report back to the next meeting of the Committee thereon.

1219. LLYS MARCHAN, RUTHIN

The Head of Strategic Planning and Support Services introduced Mr. Kevin Hughes and Mr. John Lowry of Clwyd Alyn Housing Association and Ingrid Howarth of the Conwy and Denbighshire NHS who were attending the meeting at the Committee’s request to discuss issues in relation to the proposed new Partnership arrangements at Llys Marchan, Ruthin. With the aid of overhead transparencies the officers undertook a comprehensive presentation covering the background and history of Llys Marchan and the proposals and financial implications of the new partnership arrangement.

Members took the opportunity to raise questions on various issues relating to the proposals, including staffing levels, public consultation and the continuity of care for the patients at both Llys Marchan and Gwynfryn, Denbigh.

The Local Member, Councillor M.M. Jones, commented that the anxieties expressed by local residents had been somewhat allayed following the reassurance provided by the Council that the patients involved in the move would not pose a serious risk to the community.

On behalf of the Committee, the Chair thanked the three representatives for their detailed and informative presentation and requested that copies of the transparencies be circulated to Members when available.

Members agreed that the presentation had increased their understanding of the Llys Marchan situation and had helped to dispel uncertainties regarding the new partnership arrangements.

The Head of Strategic Planning and Support Services advised that, subject to final approval by Cabinet and Council, planning permission would need to be submitted and details of the financial

625 arrangements for the site and adaptations finalised. Legal representatives from all four agencies would be involved in drawing up the new contract.

RESOLVED - that a report be submitted to Cabinet endorsing the proposal to enter into a new partnership agreement, subject to financial conditions being met, with the North Wales Health Authority, the Conwy and Denbighshire NHS Trust and Clwyd Alyn Housing Association.

1220. COMMUNITY LIVING

The Head of Strategic Planning and Support Services presented a report, previously circulated, on the future of Community Living Arrangements. A Group had been set up to examine the subject and a Consultation Paper had been produced which, with its four recommendations, was the subject of a wide ranging consultation exercise, involving questionnaires and Open meetings. The results of the Consultation were set out in the report, together with details of the four subsequently revised recommendations.

During discussion of the recommendations Members expressed concern that the commitment as described in 4(c) of the report, to ensure that ‘independent advocacy should be offered to all’ might create financial problems for the Authority, and the extent of a need for such services was also questioned. The Head of Strategic Planning and Support Services informed Members that this aspect had been raised at the consultation meetings and he agreed that it needed to be re-worded to reflect the needs of the individuals concerned. It was subsequently

RESOLVED that, subject to the re-wording of recommendation 4(c), the content of the report be endorsed and a paper be submitted to Cabinet incorporating the four recommendations.

1221. SOCIAL SERVICES STATISTICAL INFORMATION

The Head of Strategic Planning and Support Services presented a report, circulated at the previous meeting, on a range of statistical information which was provided on a regular basis to the National Assembly, the Audit Commission and the general public.

The Head of Strategic Planning and Support Services advised the Committee that, since the circulation of the report, meetings had been held with Assembly officers following which some of the Performance Indicators had now changed. A revised paper had therefore been prepared providing details of the revised Indicators for discussion at the next meeting. Reference was made to a new Policy Agreement whereby additional funding would be made available to those Authorities who were successful in reaching their targets.

The Chair asked Members to study the list of services identified and advise of any which they felt warranted particular scrutiny so that they could be linked in with the previously agreed work programme. She drew attention to the issue of Day Centre places and suggested that this area needed some consideration.

RESOLVED that the revised list of Performance Indicators be discussed at the next meeting of the Committee.

The meeting ended at 4.00 p.m. **********

626 CABINET

Minutes of the meeting of the Cabinet held in the Assembly Rooms Ruthin on Thursday, 22nd March, 2001 at 10.00 a.m.

PRESENT

Councillors E.C. Edwards (Leader), D.M. Holder, R.W. Hughes, G.M. Kensler, D.M. Morris, E.A. Owens, A.E. Roberts, W.R. Webb, K.E. Wells and E.W. Williams.

Observers - Councillors P. Douglas, K. Hawkins, G. Jones, R.J.R. Jones, M. Jones, R.E. Jones, D.A. Thomas and W.G. Thomas.

ALSO PRESENT

Chief Executive, County Clerk and Corporate Directors.

Apologies:- Councillor I.M. German

PERSONAL STATEMENT

The Chief Executive announced with regret that he was giving notice of his desire to take early retirement on the grounds of ill health. He outlined the background to this decision which had been forced on him, and added that his successor would discover a Council with a strong new management structure and a clear political direction for what he felt would be a prosperous future.

1222. URGENT MATTERS

The Leader gave notice of the following items which in his opinion should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972:-

(i) Foot and Mouth Disease- latest guidance from the National Assembly;

(ii) Objective 1 European Funding, and

(iii) Rhyl Sun Centre.

1223. MINUTES OF THE CABINET

The Minutes of the Cabinet held on 6 March, 2001 (previously circulated) were submitted.

Matters arising:-

Appointment of Head of Personnel :- The Chief Executive reported that Mrs. Linda Atkins had been appointed to succeed the present Head of Personnel, Mr. Ken Stephens, who was taking early retirement.

Foot and Mouth Disease:- The Corporate Director Environment reported that new guidelines issued by the National Assembly on partial re-opening of areas of the countryside reflected concerns about the impact of the current crisis on small businesses and tourism. Individual local authorities would conduct their own risk assessment in this regard. Currently there were no outbreaks in Denbighshire and the Head of Public Protection and Regulatory Services reported that warning signs were posted all through the county alerting the public and he paid tribute to the level of co-operation so far. The control room would remain operational and he was providing daily up-dates for the Leader and Chief Executive.

RESOLVED that the minutes of the Cabinet meeting held on 6th March 2001 be approved as a correct record and agreed by the Leader.

627 1224. REVENUE BUDGET 2000-2001

Councillor E.A. Owens, Lead Cabinet Member for Finance submitted the report (previously circulated) and sought Members’ approval to note the current position on the latest projections for the final out-turn as outlined in the appendix to the report and to instruct officers to take all necessary steps to minimise the final deficit. She then answered questions of detail from Members.

RESOLVED that Lead Cabinet Members continue to liaise with Heads of Service to ensure the final deficit for 2000/01 is as low as possible and that current pressures do not recur in 2001/02.

1225. COUNCIL REPRESENTATION ON LEISURE CENTRE USER FORUMS

Councillor R.W. Hughes, Lead Cabinet Member for Culture Leisure and Tourism presented the report (previously circulated) and referred Members to the Appendices which outlined the working arrangements and constitution of these new forums.

RESOLVED:-

(a) to approve the Constitution, Working Arrangements and Membership Arrangements for the new Leisure Centre User Forums at Corwen, Denbigh, Llangollen, Prestatyn, Rhyl and Ruthin Leisure Centres as detailed in the report, and

(b) that Member nominations be sought and referred back to Cabinet if over subscribed.

1226. RECRUITMENT

The Leader of the Council submitted a report (previously circulated) seeking approval for external advertisement:-

Arts Manager, Royal International Pavilion PO 1 - Lifelong Learning Directorate: Culture and Leisure Clerical Assistant Sc 2 - Resources Directorate: Revenues Revenues Assistants (Rents) Sc 4 Resources Directorate - Revenues

RESOLVED that the external advertisements of the above posts be approved.

1227. FORMER STRATEGIC DEVELOPMENT SCHEME REVENUE GRANT

The Leader of the Council submitted a report (previously circulated) seeking agreement for the basis for allocating former SDS Revenue Grants. In particular, with reference to the Cabinet’s previously agreed strategy, these funds would encourage new projects but in order not to prejudice established projects by the sudden withdrawal of funding, a tapering arrangement would be introduced for a gradual withdrawal. It was also agreed that a report would be submitted to a future meeting on the background to how grants were made.

RESOLVED that the arrangements for allocating former SDS Revenue Grants be approved as set out in the report.

1228. DENBIGHSHIRE LEISURE CARD AND LEISURE CHARGES 2001-2002

The Lead Member for Culture, Leisure and Tourism, Councillor R.W. Hughes submitted a report (previously circulated) and circulated a revised Appendix 2 and sought Members’ approval to the introduction of a new Leisure Card to replace the former Passport to Leisure scheme, and to set new charges for leisure facilities for 2001-2002. She outlined the background to the recommendations contained in the report and the detail as set out in the appendices.

RESOLVED:-

(a) that a Leisure Card Scheme be introduced in 2001- 2002 to replace the former Passport to Leisure (as set out in Appendix 1 to the report), and

(b) to approve the Proposed Leisure Charges as set out in Appendix 2 to the report.

628 1229. SCALA CINEMA : POSITION STATEMENT

The Lead Member for Culture, Leisure and Tourism, Councillor R.W. Hughes and the Lead Cabinet Member for Environment, Councillor D.M. Morris submitted a joint report on the current position with regard to the Scala, and to endorse decisions made to make the building safe and to stabilise the structure. Councillor Hughes referred to the previous decision to close the Scala on public safety grounds in December 2000 and the strategy which had been adopted since. She referred to a public meeting held on 15 February 2001 the notes of which were circulated as Appendix 1 to the report. She said the steps taken so far as outlined in the report had met with a very positive response and she referred to the Terms of Reference and Constitution of the proposed Scala Advisory Group as set out in Appendix 2 to the Report which was submitted for approval. Councillor Morris referred to the survey carried out by W.S. Atkins, Consulting Engineers, St. Asaph. This confirmed that the building was unsafe and was showing daily signs of further deterioration and he called for Members’ approval for expenditure as outlined in the report to make the building safe and to stabilise the structure.

RESOLVED that:-

(a) action taken so far in respect of the Scala be endorsed, and

(b) authority be given to incur expenditure of £43,000 from the capital programme to pay for urgent necessary measures to make the Scala building safe and to stabilise the structure.

1230. ICT BEST VALUE SERVICE REVUE

The Cabinet Lead Member for Life Long Learning Councillor K.E. Wells submitted a report (previously circulated) for Members’ approval of the ICT Best Value Service Review methodology and ICT Action Plan for 2001-2004 noted in the Annex to the report.

It was important that an inspection should take place now so that the Action Plan resulting from the review could commence from 1 April 2001. The ICT Action Plan should significantly improve services in all areas.

RESOLVED that Cabinet note and approve the ICT Service Review methodology and Action Plan to enable the service to be inspected.

1231. OPTIONS FOR THE FUTURE OF THE COUNCIL’S HOUSING STOCK

The Lead Member for Personal Services Councillor A.E. Roberts submitted the report (previously circulated) asking Cabinet to note progress in the work of the Housing Options Working Party and confirm arrangements for establishing a Shadow Board of the Community Ownership Housing Organisation. A background summary was provided for Members and the name Dyffryn Community Housing was recommended as the official title given to the new body. In order to achieve a smooth transition to the new arrangements which would involve partnership with Tenants and the Independent sector, a Shadow Board should be established as soon as possible comprising of 15 members to take forward the work of the Housing Options Working Party. Detailed questions were asked about the balance of membership and the role of the councilon the new body. It was explained that the membership of the shadow board would be 5 County Council; 5 Tenants’ Associations and 5 Independent Sector. The Council’s nominations would be submitted in due course for approval by County Council.

RESOLVED that:-

(a) the Cabinet note the progress of the Housing OptionsWorking Party in developing the consultation process and establishing a Shadow Board of Management for the prospective Community Ownership Housing Organisation “Dyffryn Community Housing”, and

(b) the Council be asked to nominate 5 Members to the Shadow Board.

629 1232. BETTER HOMES FOR PEOPLE IN WALES

The Lead Cabinet Member for Personal Services, Councillor A.E. Roberts submitted the report (previously circulated) and asked Members to note the National AssemblyConsultation Paper : “Better Homes for People in Wales” and to endorse the response of the Council. The Executive Summary and draft response were attached to the report and a detailed discussion ensued on the report and the enclosures.

RESOLVED that Cabinet endorses the draft response to the consultation paper.

1233. DRAFT SCHOOL ORGANISATION PLAN

The Lead Cabinet Member for Lifelong Learning, Councillor K.E. Wells, submitted a report together with attached draft School Organisation Plan for Members’ comments prior to detailed consideration at Scrutiny Panel and wider detailed consultation, as required under the 1998 Schools Standard and Framework Act 1998. Members were asked to comment in detail and several issues were raised including special education provision which was under constant review, Welsh medium education, post 16 provision and CCETs and the question of looking at this from a Denbighshire perspective.

RESOLVED That Members comments be noted on the draft School Organisation Plan for subsequent referral to Scrutiny and to the County Council.

1234. PROPOSED RENEWAL AREAS - SOUTH WEST RHYL & DENBIGH

The Lead Cabinet Member for Environment Councillor D.M. Morris submitted a report (previously circulated) on the draft Neighbourhood Renewal Assessments for South West Rhyl and Denbigh and asked for Members’ approval. The appendix to the report set out the results of a detailed study conducted in accordance with government guidelines into the area’s housing, social and economic conditions. Hopefully, completion and approval of the study would lead to Supplementary Credit Approvals to implement a ten year action plan.

RESOLVED that approval be given to the draft Neighbourhood Renewal Assessments for:_

(a) South West Rhyl, and

(b) Denbigh

1235. INCREASED CEMETERY CHARGES

The Lead Cabinet Member for the Environment, Councillor D.M. Morris, submitted the report (previously circulated) and referred Members to Appendices 1 and 2 which set out details of increases in cemetery charges and in charges for other services, for which he sought approval. He issued a reminder that the proposed increases followed a previous decision to reduce, by £12,000, the Council’s allocation for cemetery services in 2001/2002. During discussion, it was agreed to amend detail in the “non-exclusive rights” category ( 6 of Appendix 1), by deletion of the first line.

RESOLVED that the proposed charges and rates as set out in Appendix 1 be approved for implementation from 1 April, 2001. Subject to the above deletion

1236. DISTRICT AUDIT MANAGEMENT LETTER

The District Auditor, Mr. Ceri Stradling, presented a report on his conclusions on the County Council’s financial management for the year 1999/2000. In presenting the report, he highlighted those areas of financial and performance management which were either showing progress or which required further work. Members were asked to note that in future there would be no financial statement regarding the inherited Rhuddlan debt and the impact of the financial recovery plan and the introduction of new political and senior management arrangements were having a positive impact. His staff continued to work with the Council in advising and commenting on value for money, Best Value and asset management. The Council were not alone in the need to further develop performance management corporately and there was perhaps need to work on re-vitalising Best Value and District Audit were planning a seminar for Officers in April.

630 Generally, the financial standing of the Council was improving with the reduced deficit appearing as an encouraging trend and he looked for positive identification of areas for savings. There were still issues to be resolved in the revenues system e.g. backlog in processing housing benefits, the need to reduce rent, Council Tax and NNDR arrears and to operate adequate controls in all revenues systems. Those areas which he was looking to review included :- progress on the S.11 qualification; a full audit of the case for the PFI; Best Value; Rehabilitation Services for Older People; and the impact of the new political management arrangements. Members asked detailed questions and the Cabinet Lead Member for Finance, Councillor E.A. Owens, on behalf of Cabinet Colleagues and Officers, thanked the District Auditor and his staff for the way in which they worked with the Council. She felt that his presentation was a fair reflection of the Council’s current position. Whilst acknowledging that progress had been made, she was confident that the picture would be even better next year. The current overspend would be addressed as soon as the current year end figures were published and a “back to basics” philosophy would have to be adopted. The Leader also added his thanks and agreed that whereas matters had shown marked improvement, there was no room for complacency and he looked to future benefits from the positive impact of the Cabinet Action Plan .

RESOLVED that the District Auditor’s presentation be noted and duly acknowledged.

1237. EXCLUSION OF PRESS AND PUBLIC

RESOLVED Under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds they involve the likely disclosure of exempt information as defined in paragraphs 1, 8, 9 and 10 of Part 1 of Schedule 12A of the Local Government Act 1972.

1238. APPLICATIONS TO LEASE COMMERCIAL UNITS B AND C, RHYL RAILWAY STATION

The Leader submitted a report (previously circulated) seeking Cabinet approval for two applications to lease Units at Rhyl Railway Station and to seek approval for future applications to be determined by the Head of Economic Regeneration in consultation with the Cabinet Member responsible for Economic Development in accordance with the policy previously agreed for other business properties.

RESOLVED that:-

(a) the applications, details of which were provided in Appendices 1 and 2 to the report, be approved, and

(b) in future applications be determined by the Head of Economic Regeneration in consultation with Cabinet Members responsible for Economic Development in accordance with the policy previously agreed for other business property.

1239. RECOVERY STRATEGY - REVENUES FUNCTION

The Lead Member for Finance, Councillor E.A. Owens, submitted a report (previously circulated) seeking approval for the proposed recovery strategy for the Revenues Section.

Councillor Owens summarised the current situation which had shown an improvement following the introduction of temporary agency staff in an effort to reduce the ever-increasing backlog in processing housing benefit claims, re-claiming debt owed to the Council etc. In view of the need to find a permanent solution, however, both she and the Corporate Director, Resources, favoured the option of appointing permanent staff, improving financial management controls and carrying out rigorous quality assurance checks - hence the package of measures recommended. Members agreed to the recommendations in the report and it was:-

RESOLVED that the recovery plan as outlined be approved and that delegated authority be given to the Corporate Director - Resources to spend a net amount of £370k in line with the plan to address the issues as reported. This authority to act included the ability to externally recruit additional permanent staff as considered necessary.

631 1240. RENOVATION GRANT AID: 45 / 48 EAST PARADE, RHYL

The Lead Member for the Environment, Councillor D.M. Morris, submitted a report (previously circulated) and sought approval for a grant to be made available for the improvement and conversion of the property formerly known as The Plas Tirion Hotel, Rhyl, to form 22 self-contained flats. The figure currently sought represented a £60k higher sum than was originally approved for this joint project details of which were contained in the report.

RESOLVED that the Head of Public Protection and Regulatory Services be given the authority to approve an additional grant of £60,000 making a total amount of Renovation Grant approved for this development of £360,000.

1241. DENBIGHSHIRE CARE AND REPAIR FUNDING

The Lead Cabinet Member for the Environment, Councillor D.M. Morris, submitted a report (previously circulated) seeking Members’ approval for £20k core funding for the Denbighshire Care and Repair Agency. Care and Repair had been formed in 1996 to assist older and/or disabled people to carry out repairs/ adaptations to enable them to continue to live independently in their own homes. The payment of a grant to core fund the Agency rather than payment of fees for their services was considered a positive way forward to enable Care and Repair to concentrate on their care functions and to assist with forward planning.

RESOLVED that the Head of Public Protection and Regulatory Services be given the authority to core fund Denbighshire Care and Repair in the sum of £20k funded from Renovation Grant Agency Fees collected by the County Council.

1242. RENOVATION GRANTS - TOWN HERITAGE INITIATIVE SCHEMES (THI)

The Cabinet Lead Member for the Environment, Councillor D.M. Morris, submitted a report (previously circulated) which sought approval for a recommendation to the County Council to approve an amendment to the Council’s Renovation Grant Aid Policy in order to target and prioritise schemes where THI Grant had been approved. The report detailed the reasons for seeking the change in policy.

RESOLVED that a recommendation be made to the County Council that the Head of Public Protection and Regulatory Services be given authority to prioritise Renovation Grant applications where the scheme is situated in a Town Heritage Initiative Designated Area.

1243. LAND ADJACENT TO PEN Y LLAN, BISHOP’S WOOD ROAD, PRESTATYN

The Cabinet Lead Member, Property, Councillor W.R. Webb submitted a report (previously circulated) seeking approval to dispose of 275 sq. metres of land to the owner of Pen y Llan, Bishop’s Wood Road, Prestatyn. The report detailed reasons for the disposal and the terms and conditions would be the subject of agreement .

RESOLVED That the disposal of the 375 sq. metres be approved on terms and conditions to be agreed with the Head of Public Protection and Regulatory Services in consultation with the County Clerk. The purchaser would pay all the fees incurred, including the County Council’s legal fees.

1244. PFI: PATHFINDER: CIVIC FACILITIES AT RUTHIN

The Lead Cabinet Member, Property, Councillor W.R. Webb submitted a report (previously circulated) which provided Members with an up-date on the latest position regarding the scheme and the progress achieved in moving towards the final stages . The report detailed the course of action which was now proposed together and an appendix outlined the position in relation to the non-Council organisations and discussions with them regarding the proposals. A full report would be submitted to County Council.

RESOLVED that Members note that it was now possible to proceed to:-

(a) finalise negotiations with the Bidder and non-Council Organisations;

632 (b) prepare and submit the Final Business Case to the District Auditor, and

1245. TOURISM NON-PROFIT DISTRIBUTING ORGANISATION (NPDO)

The Lead Cabinet Member for Culture, Leisure and Tourism, Councillor R.W. Hughes submitted a report (previously circulated) seeking to establish a “steer” for the County Council on several key areas in the development of the NPDO. The report, as presented, outlined the background in detail including the preference for a two- phased approach . Appendix 1 contained a list of NPDO Shadow Board Members and in addition there was a need to appoint a Staff Memberand two elected Members to complete the membership. Appendix 2 to the report outlined the sites budgets for 2001/2002 and Appendix 3 contained financial details of the NPDO Business Plan. Progress was on schedule and within budget and the officers were congratulated on the work undertaken against tight deadlines. Members were invited to ask questions of detail and it was confirmed that a report would be submitted to full Council when the two elected member representatives would be appointed to serve on the Shadow Board.

RESOLVED that it be recommended to the Council:-

(a) to approve the establishment of the Tourism NPDO “ Clwyd Leisure Limited” (draft title) from 1st April 2001 and the implementation of the first phase of the transfer of responsibility of the initial four facilities; Sun Centre, Nova Centre, North Wales Bowls Centre and the Sky Tower;

(b) to approve the grant of £350,970 for 2001/2002, as outlined in paragraph 3.1 and agree in principle grant levels of £351,275 in year 2 and £335, 415 in year 3 (Appendix 3) subject to the right to vary the amount depending on performance;

(c) to agree in principle with continued implementation of the second phase of the transfer of amenities on the coast as outlined in the original report with a target date of April 2001 subject to negotiation between the Council and the NPDO the details of which will be reported back to Cabinet and Full Council;

(ch) to elect two Members of the County Council to serve on the NPDO Board (Members to submit C.Vs to be considered by Council);

(d) to agree in principle to support the 100% discretionary rate relief to the NPDO subject to formal application;

(dd) to approve the grant of leases for a term of 21 years for the Sun Centre, Nova Centre and NWBC and 10 years for the Sky Tower, at a discounted rent of £1.00 per annum for the first five years, the market rent to be shown in the lease, otherwise in terms to be agreed by the Head of Public Protection and Regulatory Services in consultation with the County Clerk;

(e) to approve that the Council opts to tax in respect of the Sun Centre, the Sky Tower, the Nova and the North Wales Bowls Centre, and

(f) to approve the formal transfer of 53 Denbighshire staff to the NPDO on the 1st May 2001 with full TUPE rights.

1246 APPOINTMENT OF HEAD OF PERSONNEL

The Chief Executive reported that Linda Atkin had been appointed as Head of Personnel and had accepted the offer of appointment and would commence her duties on a date to be agreed. This appointment was made in the light of the impending retirement of Ken Stephens currently Head of Personnel.

The meeting terminated at 2.30 p.m. ************

633 DENBIGHSHIRE JOINT CONSULTATIVE COMMITTEE

Minutes of the meeting of the Denbighshire Joint Consultative Committee held in the Council Chamber, Russell House, Rhyl on Thursday 22nd March 2001 at 11.00 a.m.

PRESENT

DENBIGHSHIRE COUNTY COUNCIL

Councillors N.J. Hughes and E.R. Jones. Head of Strategic Planning and Support Services.

NORTH WALES HEALTH AUTHORITY

Ms. E. Price-Morris and Mr. P. Clark (General Manager, Denbighshire Local Health Group).

VOLUNTARY ORGANISATIONS

Mrs. E. Edwards (Chair) and Mr. A. Benbow.

ALSO PRESENT

DENBIGHSHIRE COUNTY COUNCIL

Administration Services Manager, Planning Manager, Ms. V. Johnson (student), Ian Ellison (observer).

DENBIGHSHIRE VOLUNTARY SERVICES COUNCIL

Mrs. K. Kilcoyne.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillor D. Jones and A.J. Tobin. Mrs. P. Wood, Mr. D. Tibbetts and Mr. E.E. Williams.

ATTENDANCE

The Chair expressed her disappointment at the poor attendance at the meeting.

1247. MINUTES

RESOLVED that the minutes of the Joint Consultative Committee held on 21st September 2000 be approved as a correct record and signed by the Chair.

1248. DENBIGHSHIRE LOCAL HEALTH ALLIANCE

The Administration Services Manager submitted a report (previously circulated) which updated Members on the progress to date on the development of the Denbighshire Local Health Alliance since its establishment in October 2000. The first task of the Alliance had been to prioritise the health gain areas and based on the evidence provided the following had been prioritised as the main areas for the work of the Alliance.

Ÿ circulating disease Ÿ back pain Ÿ tackling health inequalities

Funding of £28k, had been made available to support the activities of the Alliance from the National Assembly. At its meeting on 21st December 2000 the Board had agreed upon a list of six health gain targets based on circulating disease and back pain which had subsequently been approved by the Assembly.

634 The Administration Services Manager further reported that four sub groups out of the six proposed sub groups had already met to progress the projects and monitoring and evaluation reports would be submitted back to the Alliance board on a regular basis.

Mrs. K. Kilcoyne expressed disappointment that the replacement Health Strategy Facilitor had not yet met representatives from the voluntary sector and queried whether the sector was represented on the sub-groups referred to above. She also indicated that the business sector was not yet represented on the Alliance and felt that the constitution of the Alliance did not allow for representatives from other sectors within the community.

Mr. P Clark referred to the decision taken at the last meeting of the Committee which commissioned the J.C.C. to oversee the development of the Local Health Alliance and other new organisations over a 12 month period and that the position be reviewed at the September meeting of the Committee. He felt that an all encompassing report should be considered at that time. Mr. E. Price-Morris with reference to “Improving Health in Wales” highlighted the need to streamline joint working etc.

Mr. P. McWade referred to a report submitted to the strategic group of the North Wales Health Alliance which raised concern at the duplication of services and the need to rationalise those services.

In summary, Mrs. K. Kilcoyne referred to the need to revisit the constitution of the J.C.C. and to examine its terms of reference.

RESOLVED that the report be received and noted.

1249. HEALTH ACTION PLAN 2000/2001

Mr. P. Clark submitted a report (previously circulated) advising Members that the Local Health Action Plan (H.A.P.) had set out priority areas for Local Health Group Action in 2000/2001 to improve health generally and to address health inequalities across Denbighshire. The report itemised those priority areas and highlighted the progress to date.

Mr. Clark particularly referred to the areas of investment through the Primary Care Health Fund and the funding from the Health Authority such as the funding for winter pressures. Reference was made to the Young Person’s Initiatives in Denbigh and Corwen and to the concern over the waiting lists on Dermatology.

Councillor N.J. Hughes also expressed his concerns over the waiting lists in Dermatology and to the lack of specialist consultants in Ysbyty Glan Clwyd. Mr. P. Clark referred to the recruitment problems in Dermatology and to the proposal to build on the development of a network of G.P.’s and nurses with an interest in skin conditions which would alleviate the need to refer patients directly to a consultant.

Mrs. K. Kilcoyne expressed her concern over the inability over patients to discharge themselves from the Orthopaedic waiting lists. Mr. P. Clark referred to the problems of repeat prescriptions and the need to review such activities.

Mr. A. Benbow referred to the injection of £25m funding for Childrens Services and his concerns as to how Agencies would continue such funding in future years.

RESOLVED that the report be received and noted.

1250. N.H.S. PLAN

Mr. P. Clark and Mr. E. Price-Morris submitted a joint report (previously circulated) advising Members of the publication of the N.H.S. Plan “Improving Health in Wales - A Plan for the N.H.S. with its Partners”. The report summarised the key themes within the Plan and the actions, targets and objectives set against a defined timetable.

Mr. P. Clark indicated that Health Authorities would be disbanded in two years time and referred to the 183 target areas set by the Assembly. He also reported that a report on the Management of the

635 N.H.S. would likely to be published by June 2001 which would set out in detail the future functions of the Local Health Group. He suggested that it would be opportune to convene a special meeting of the J.C.C. at that time to consider that report.

Mr. Clark particularly referred to Chapter 4 of the report which highlighted the joint working arrangements to be put in place including the Voluntary and Independent Sector.

Mr. E. Price-Morris referred to the targets set by the Assembly and the considerable amount of work to be undertaken within a short period of time. Reference was made to the nine task/finish strategy work groups set up by the Assembly to report on structures, finance etc which would report back to the Assembly prior to publication of the “Management” report.

Mrs. K. Kilcoyne indicated that she wished to report to the next meeting of the Joint Planning and Commission group on the setting up of the task groups and requested Mr. E. Price-Morris to provide information on the composition of those groups.

Councillor N.J. Hughes congratulated the officers on such a comprehensive report and it was:-

RESOLVED that the report be received and noted.

1251. HEALTH AUTHORITY OPERATIONAL PLAN

Mr. E. Price-Morris advised Members that the Health Authority Operational Plan had been prepared to address health issues in North Wales e.g. waiting times, pressures, links with partners etc. The major issues needed to be included as long term strategies in 3/5 year Operational Plans and the one year Plans had to recognise that factor.

The Operational Plan for 2001/2002 had been prepared in January 2001 but had been somewhat compromised by the publication of the N.H.S. Plan “Improving Health in Wales”. A revised process had to be put in place setting national priorities against local priorities. However the N.H.S. Plan did reflect many health issues contained within the Health Authority Operational Plan. The Health Authority had consequently had to prioritise its agenda and the Health Act 1999 had given some flexibility for use in the Operational Plan. Such priorities included integration of care; availability of care; health inequalities; joint working; improving efficiency of service and information given to patients and GP’s.

Mr. Price-Morris further reported that there had been a modest increase in funding of £2.5 m across North Wales and other monies had been allocated for I.C.T; waiting lists; O.T. Strategy; cardiac services etc. He also indicated that the Assembly had retained a pool of money against which specific bids needed to be made which gave an opportunity for joint bids to be submitted with partners.

Mr. Price-Morris emphasised the need for plans to be tailored to the availability of finance and the need to build on existing services and health priorities. In response to a question from the Chair, Mr. P. Clark indicated that the N.H.S. Plan would have a considerable impact on the Local Health Group.

Mrs. K. Kilcoyne proposed that a special meeting of the J.C.C. be convened at the appropriate time to consider the Assembly’s report on the “Management of the N.H.S. In Wales”.

RESOLVED ACCORDINGLY.

1252. JOINT PLANNING AND COMMISSIONING GROUP - FINANCIAL FLEXIBILITY

Mr. P. McWade advised Members that little progress had been made regarding the issue of financial flexibilities, a Government led initiative which would establish new arrangements to enable budgets to be used with greater flexibility (e.g. pooling budgets). He reported that he was awaiting a report from Manchester University on the use of flexibilities in England.

Mr. McWade further reported that the Joint Planning and Commissioning Group had set up a multi agency group for mental illness and a report had been prepared on joint working on mental health

636 provision across Conwy and Denbighshire. Such proposals would need to be submitted to the County Councils, Health Authority and Trusts for their approval and the views of the Mental Illness Planning Groups would also need to be considered.

Mrs. K. Kilcoyne felt that joint discussions should take place at meetings of the J.C.C. not just individual agencies and there should be better links with the Personal Services Scrutiny Committee.

Mr. McWade indicated that he would be in a position to report back to the proposed special meeting of the J.C.C. When convened.

RESOLVED that the report be received and noted.

1253. DIRECT PAYMENTS

Miss V. Johnson submitted a report (previously circulated) advising Members on the progress made towards implementing Direct Payments in Denbighshire. The Committee had previously been advised that a steering Group had been set up to undertake further research into Direct Payments and Miss Johnson had been commissioned to assist with the research.

Following the completion of the research a report was compiled which outlined five different options for managing and providing a support scheme with the recommended option being a disability organisation with an advisory committee. The report had been presented to the Direct Payments Management Committee and an action plan drawn up to progress the scheme.

Miss. Johnson outlined the progress to date and referred to a bid put forward to the Council for funding the Direct Payment Support scheme.

Members thanked Miss. Johnson for such a comprehensive report and paid tribute to her dedication in progressing the scheme.

Mr. P. McWade reported that Direct Payments was a priority on the Governments agenda and he was fairly optimistic that a budget decision would be taken to allow £50k to be invested in the scheme. He also hoped that Conwy C.B.C. might wish to join the scheme which would draw down additional monies.

RESOLVED that the report be received and noted.

1254. CARERS AND DISABLED CHILDRENS ACT 2000

Mrs. S. Lyons submitted a report (previously circulated) informing Members of the new responsibilities for the local authority arising from the above Act, parts of which would come into force in August 2001.

The Act had been developed as a response to Caring about Carers: A National Strategy for Carers and:-

Ÿ extended the existing duty to assess carer’s needs; Ÿ created a new duty to provide services to help carers; and Ÿ extended the power to make direct payments to include carers and disabled young people aged 16 or 17.

Mrs. Lyons referred to the proposed voucher system which would enable local authorities to issue vouchers to carers enabling them to assume their own break from caring using the vouchers. She anticipated that the voucher scheme would be introduced in Denbighshire within the next two months ahead of the legislation.

The Chair welcomed the provision within the Act and was pleased to note that residential homes were supportive of the voucher scheme. Mr. P. Clark referred to the G.P. Project in Denbigh which had set up a register to target carers in the area. He felt that there could be a possible link to the voucher scheme. Mrs. Lyons agreed to take that issue up with the next Carers Strategy Group.

637 Mrs. K. Kilcoyne referred to the problem of carers accessing information and the need to inform them of the availability of services.

RESOLVED that the report be received and noted.

1255. WORKING IN PARTNERSHIP

Mrs. K. Kilcoyne submitted a report (previously circulated) highlighting some of the concerns that the voluntary sector had articulated to the Voluntary Services Council in relation to developing partnerships with statutory agencies.

In taking Members through the report, Mrs. Kilcoyne expressed a concern that some of the key principles of successful partnerships were in danger of being overlooked because of the sheer weight of initiatives coming from the National Assembly of Wales. She referred to the similar priorities set by the Health Authority and Local Authorities and the need for the voluntary sector to be involved in developing partnerships to achieve those priorities.

Mrs. K. Kilcoyne referred to the new partnership arrangements emerging from community planning, strategic partnership for health, and community regeneration. However she doubted whether the voluntary sector could ever be equal partners without significant investment on all sides. In conclusion Mrs. Kilcoyne indicated that the Assembly had made the funding to address those concerns direct to Health Authorities and Local Authorities and those agencies needed to consider the funding implications of involving the voluntary sector in partnership work as soon as possible.

The Chair referred to the lack of funding made available to the voluntary sector and indicated that she would raise the issue at the next meeting of the Voluntary Sector Liaison Group. Mrs. K. Kilcoyne further referred to the policy agreement between the Assembly and Local Authorities which had set out specific targets in areas of shared priority and how the Assembly and Councils would work together and other partners to pursue their broader aims. She felt that the shared aims had not been developed and would raise that issue through the Voluntary Sector Liaison Group.

Mr. Price-Morris referred to the need to streamline planning arrangements in order to highlight which agencies were responsible for areas of work. He also referred to the “Improving Health in Wales” report which would set up a framework that would maximise the contributions of the voluntary and independent sector ensuing their involvement at all levels of health policy development, planning , delivery and review.

RESOLVED that :-

(a) the agencies work together to develop the proposals for any further partnerships;

(b) joint training be introduced that supported the development of any new partnerships addressing the principles of partnership working, and

(c) the funding implications of involving the voluntary sector in partnership work be considered at an early stage in development and be properly resourced.

The meeting concluded at 1.15 pm.

**********

638 DENBIGHSHIRE COUNTY COUNCIL

Minutes of the meeting of the County Council held in the Council Chamber, Town Hall, Ruthin on Tuesday, 27th March 2001 at 10:00am.

PRESENT

Councillor R. Ll. Williams (Chairman), J. Butterfield, M.Ll Davies, P.A. Dobb, S. Drew, E.C. Edwards, A.E. Fletcher-Williams, I.M. German, K.N. Hawkins, D.M. Holder, J.R. Hughes, N.J. Hughes, R.W. Hughes, N.Hugh-Jones, D. Jones, E.R. Jones, F.D. Jones, G. Jones, M.M. Jones, P.M. Jones, R.E. Jones, R.J.R. Jones, G.M. Kensler, J.S. Kerfoot-Davies, D.M. Morris, E.A. Owens, A.E. Roberts, F. Shaw, J.A. Smith, K.P. Stevens, D.A. Thomas, S. Thomas, A.J.Tobin, W.R. Webb, K.E. Wells, C.H. Williams, E.W. Williams, P.J. Williams and P.O. Williams.

ALSO PRESENT

Chief Executive, Deputy Chief Executive, County Clerk, Financial Controller and Administration Services Manager.

PRAYERS

Councillor D.M. Morris offered prayers at the commencement of the meeting.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors D.W. Davies, P. Douglas, M.A. German, A.E.W. Jones, T.M. Parry, W.G. Thomas, G. Williams and Mr. N. Roberts (Co-opted Member).

1256. URGENT ITEMS

In accordance with the requirements of Section 100B(4) of the Local Government Act 1972 the Chairman declared that he intended to include for discussion the following items requiring urgent attention:-

(i) Foot and Mouth Disease, and

(ii) Post of Chief Executive.

1257. MINUTES

RESOLVED that the minutes of the meeting of the County Council held on 27th February, 2001 (previously circulated) be approved as a correct record.

1258. MINUTES OF COMMITTEES/PANELS

RESOLVED that subject to the under-mentioned the Minutes of the following Committees and Panels be received viz:-

(i) Joint Agricultural Board of Denbighshire and Flintshire - 23rd October 2000;

Minute No 913 (Agricultural Estate Generally) - the Vice-Chairman of the Council reiterated the concerns expressed by the Board that decisions regarding the Estates were being made at Cabinet level. He also referred to the lack of consultation with the Board regarding the proposed change of duties of the County Landlord.

(ii) Joint Agricultural Board of Denbighshire and Flintshire- 20th November 2000;

(iii) Childrens and Residential Care Homes Panel - 4th January 2001;

(iv) Corporate Health Safety and Welfare Panel - 9th January 2001;

639 (v) Cabinet- 9th January 2001;

(vi) Special Resources Scrutiny Committee - 12th January 2001;

(vii) Audit - 17th January 2001;

(viii) Cabinet - 23rd January 2001;

(ix) Lifelong Learning Scrutiny Committee - 23rd January 2001;

(x) Environment Scrutiny Committee - 24th January 2001;

(xi) Personal Services Scrutiny Committee - 24th January 2001;

(xii) Resources Scrutiny Committee - 25th January 2001;

(xiii) Planning Committee - 31st January 2001;

(xiv) Best Value Scrutiny Committee - 31st January 2001;

(xv) Crime and Disorder Steering Group - 1st February 2001:-

(i) Minute No 1034 (ii) (Neighbourhood Crime Working Group) - Councillor G.M. Kensler raised her concerns regarding the operation of the Working Group and the Chief Executive agreed to discuss those issues with the Member separately, and

(ii) in response to a question from Councillor M. Ll. Davies the Chief Executive indicated that the issue of Police Stations had been deferred to the next meeting of the Steering Group due to the absence of the Chief Inspector. Reference was made at the Steering Group to the additional police manpower within the Division and the appointment of ‘beat officers’ within communities;

(xvi) Childrens and Residential Care Homes Panel - 1st February 2001;

(xvii) Cabinet - 6th February 2001;

(xviii) SACRE - 7th February 2001;

(xix) Special Audit Panel - 12th February 2001;

(xx) Licensing Panel - 14th February 2001;

(xxi) Resources Scrutiny Committee - 20th February 2001;

(xxii) Lifelong Learning Scrutiny Committee - 20th February 2001;

(xxiii) Environment Scrutiny Committee - 21st February 2001;

(xxiv) Personal Services Scrutiny Committee - 21st February 2001;

(xxv) Cabinet - 22nd February 2001;

(xxvi) Planning Committee -28th February 2001:-

Minute 1147 - application no 23/2000/1016/PF - Councillor P.O. Williams wished it to be recorded that he voted against deferral of the application;

(xxvii) Best Value Scrutiny Committee - 28th February 2001;

- in response to a question from Councillor J.R. Hughes the County Clerk reported that a Prestatyn Member had not taken up his seat on the Committee;

640 (xxviii) Childrens and Residential Care Homes Panel - 1st March 2001, and

(xxix) Cabinet - 6th March 2001:-

Minute No. 1164 (school catering meat supplies). Councillor M. Ll. Davies sought an assurance that quality meat was being served to schools and referred to an instance whereby New Zealand lamb had been used in schools. The Cabinet Lead Member, Councillor K.E. Wells gave the requisite assurance and indicated that he would make enquiries regarding the serving of New Zealand lamb and contact the Member thereon. The Lead Cabinet Member for Best Value Councillor E.W. Williams reiterated the need to serve high quality meat to school children in the County and if there were budget pressures arising from that decision they should be identified along with other budget pressures.

1259. CHAIRMAN’S REPORT

The Chairman referred to the impending retirement of the Chief Executive on ill-health grounds and placed on record his appreciation of the excellent service he had given to the Council. He felt that the task had not been an easy one since Re-organisation and the Council were indebted to the Chief Executive for the fact that Denbighshire now had a much brighter future.

The Chairman further reported upon the following civic events which had taken place since the last meeting of the County Council:-

(i) his attendance at an All Wales National St. David’s Day Event in Cardiff. Particular thanks were extended to Denbighshire as this Council was the only one from North Wales to be represented. The event had ended with a Service in Llandaff Cathedral which had been very impressive, and

(ii) his Charity Ball held on Friday 23rd March 2001 at the Nova Prestatyn. The Chairman thanked all the Members and Officers for their support and reported that the anticipated proceeds towards his nominated Charities would be in excess of £1500.

1260. TREASURY POLICY STATEMENT 2001/2002

The Director of Resources submitted a report (previously circulated) upon:-

(i) the C.I.P.F.A. Code of Practice on Treasury Management in Local Authorities requiring the setting out of the responsibilities and duties of Members and Officers, allowing a framework for reporting and decision making on all aspects of Treasury Management for each financial year;

(ii) the Treasury Policy Statement setting out the framework for the Treasury Management function to be operated by Denbighshire County Council during 2001/2002 (copy attached to the report), and

(iii) his recommendation.

In taking Members through the report the Director indicated that the monitoring of the Treasury Policy Statement would be undertaken by Cabinet and the operational issues devolved to the Financial Controller and his staff.

RESOLVED that the Treasury Policy Statement for 2001/2002 (including the determinations required under Section 45 of the Local Government and Housing Act 1989) be accepted and approved.

1261. TREASURY POLICY 2000/2001

The Director of Resources submitted a report (previously circulated) advising that the Treasury Policy Statement for 2000/2001 had been approved by Council on 29th February 2000. Included within that statement were the following determinations required under Section 45 of the Local Government and

641 Housing Act 1989, which set treasury limits for the year and which might be varied during the course of the year:-

Ÿ The overall borrowing limit £123m

Ÿ The amount of the overall borrowing limit £37m which may be outstanding by way of short term borrowing

Ÿ The maximum proportion of interest on borrowing 35% which is subject to variable rate interest

As a result of debt re-scheduling opportunities arising from movements in the interest rates during 1999/2000 the overall borrowing limit of £123m had been slightly exceeded. Consequently the Council needed to rectify that situation and amend the treasury limits which had been set.

RESOLVED that the determination required under Section 45 of the Local Government and Housing Act 1989 in respect of the overall borrowing limit be amended from £123m to £127m.

1262. REPRESENTATIONS AND COMPLAINTS PROCEDURES - ANNUAL REPORT 1999/2000

The Director of Social Services submitted a report (previously circulated) seeking approval for the Annual Report on the operation of the Representation and Complaints Procedure for services provided under Part III of the Children Act 1989 and services provided under community care legislation. The report:-

- provided an analysis of the representations and complaints received for 1999/2000; - identified key issues arising from an independent evaluation of the Procedures undertaken during 2000, and

- indicated that the Procedures would be revised during 2001/2002, following receipt of the National Assembly’s revised national guidelines and the development of national standards.

In taking Members through the report the Director particularly referred to the increase in praise given to the staff during 1999/2000; the lack of any Ombudsman’s reports and, the need to adequately resource the unit in order to meet the timescales in dealing with complaints. He also anticipated that the Annual Report for 2000/2001 would be submitted to Council before the August recess.

Members took the opportunity to discuss various issues within the report and Councillor G.M. Kensler congratulated the Director and his staff on the outcomes within the report.

RESOLVED that the Representation and Complaints Procedure Annual Report be received and approved.

1263. REPRESENTATION ON W.L.G.A. COUNCIL

The County Clerk submitted a report (previously circulated) requesting the appointment of two Members to represent the Authority on the W.L.G.A (Councillor D.W. Davies and W.R. Webb were the current representatives).

Councillor M.Ll. Davies proposed, seconded by Councillor P.O. Williams that Councillors R.E. Jones and E.W. Williams be the nominated representatives.

The Leader of the Council proposed an amendment, seconded by Councillor J. Butterfield that Councillors P. Douglas and W.R. Webb be appointed as this Council's representatives.

Councillor R.E. Jones withdrew his name for consideration and consequently Councillor M.Ll. Davies withdrew his proposition.

The amendment therefore became the substantive proposition and upon being put to the vote it was:-

642 RESOLVED that Councillors P. Douglas and W.R. Webb be appointed as this Council's representatives on the W.L.G.A. Council ,each voting as individuals.

1264. BEST VALUE: CORPORATE APPROACH TO THE "4C'S"

The Lead Cabinet Member for Best Value submitted a report (previously circulated) seeking confirmation of a Cabinet recommendation that the County Council approves the Corporate Statements on the four elements of Best Value: Challenge; Compare; Consult and Compete.

In taking Members through the report Councillor E.W. Williams referred to a series of "welcome" meetings to be held on the 30/31st March and 2nd April to introduce the people who had volunteered to be Members of the Denbighshire 500 Citizens Panel. Councillor Williams invited all Members to attend those meetings.

RESOLVED that the County Council approves the Corporate Statements on the four elements of Best Value as detailed in the appendix to the report.

1265. AGREEMENT WITH CAREERS COMPANY

(Councillor G.M. Kensler declared a non-pecuniary interest in the following item and took no part in the discussion and voting thereon).

The Lead Cabinet Member for Education and I.C.T. submitted a report (previously circulated) seeking an agreement to adopt the New Articles of Association between Denbighshire County Council and the Careers Company by signing and dating the written resolution and to terminate the original Members' Agreement dated 30th March, 1995 by signing the Resignation letter by 31st March, 2001. He indicated that the Careers Company needed to make corporate governance changes as a result of the implementation of the Education and Training Action Plan for dealing with new arrangements for post-16 provision.

RESOLVED that Members sign and date the written Resolution agreeing and adopting the New Articles of Association and sign the Resignation letter.

1266. FOOT AND MOUTH DISEASE

(This item was considered as a matter of urgency, notice having been given by the Chairman at the commencement of the meeting).

The Director of Environment updated Members on the current situation within Denbighshire indicating that:-

- no confirmed cases had been reported within the County;

- two statutory notices served had both been confirmed as negative;

- the Emergency Planning Unit was still operating at Caledfryn and were issuing licences for the movement of livestock within the County;

- there was a great deal of pressure on the tourism industry arising from the outbreak but the Officers were not happy to open up the rural footpaths, bridleways and mountain land at present;

- the Officers were reviewing the facilities that could be opened in readiness for the Easter break, and

- expressed his concerns over the movement of animals over long distances to abattoirs in the County.

The Chairman expressed his grave concerns over the lax conditions on the movement of animals to abattoirs from other parts of the Country particularly in view of the very strict conditions imposed on the movement of animals within County.

643 The Leader of the Council thanked the Director of Environment and his staff for their efforts during the current crisis and also to Members for their support. He indicated that he had written to Carwyn Jones, the Assembly Minister for Rural Affairs, expressing the Council's concerns over the movement of animals over large distances for slaughter to large abattoirs within the county and requesting the Assembly to impose controls on those movements and to ensure that animals were slaughtered as close as possible to the farm of origin. The Leader also indicated that he was awaiting further guidance from the Assembly before considering the re-opening of rural areas.

Members fully supported the representations to be made to the Assembly and emphasised the need to fully publicise the facilities open to the public in readiness for the Easter break.

The Director of Environment responded to various questions raised by Members and reported that a press release would be published today indicating which facilities would be open for members of the public.

RESOLVED that the position be noted.

(At this juncture, 11.25 a.m., the meeting adjourned for 10 minutes to allow Members to partake in refreshments).

1267. SUMMARY FINANCIAL BUDGET 2001/2002

The Lead Cabinet Member for Finance referred to the Budget Summary which had been circulated to Members and thanked the Financial Controller and the two Senior Management Accountants for their efforts in producing the Summary.

1268. EXCLUSION OF PRESS AND PUBLIC

1269. MINUTES OF THE DENBIGHSHIRE ADOPTION AND FOSTERING PANEL

RESOLVED that the confidential Minutes of the Denbighshire Adoption and Fostering Panel held on 8th January, 2001 (previously circulated) be received and noted.

1270. P.F.I. PATHFINDER: CIVIC FACILITIES AT RUTHIN

The Lead Cabinet Member for Property submitted a confidential report (previously circulated) which provided members with an update on the latest position regarding the scheme and the progress achieved in moving towards the final stages. The report detailed the course of action which was now proposed together with an appendix outlining the position in relation to the non-Council organisations and discussions with them regarding the proposals.

Councillor Webb expressed his pleasure that the Assembly had acceded to the Authority's request for additional P.F.I. credits and felt that the scheme would be a great asset to Ruthin and Denbighshire.

Councillor Webb proposed, seconded by Councillor E.C. Edwards that the recommendations be accepted and it was:-

RESOLVED that the Officers be authorised to:-

(a) finalise negotiations with the Bidder and Non Council Organisations;

(b) prepare and submit a Final Business Case to District Audit, and

644 1271. RENOVATION GRANTS - TOWN HERITAGE SCHEMES

The Lead Cabinet Member for the Environment submitted a confidential report (previously circulated) seeking confirmation of a Cabinet recommendation that the County Council approves an amendment to the Council's Renovation Grant Aid Policy in order to target and prioritise schemes where T.H.I. grant had been approved.

Concerns were expressed by certain Members that applications outside the T.H.I. areas would suffer as a consequence of the amended policy. The Head of Public Protection and Regulatory Services indicated that it was highly unlikely that the policy would have a detrimental effect on other applications for grant aid.

Councillor D.A. Thomas proposed an amendment that the policy be referred to the Environment Scrutiny Committee for consideration. Upon being put to the vote the amended was declared LOST. A vote was taken on the substantive motion and it was:-

RESOLVED that the recommendation from Cabinet be approved and the Head of Public Protection and Regulatory Services be authorised to prioritise Renovation Grant applications where the scheme was situated in a T.H.I. designated area.

1272. TOURISM NON-PROFIT DISTRIBUTING ORGANISATION (N.P.D.O.)

The Lead Cabinet Member for Tourism, Leisure and Culture submitted a confidential report (previously circulated) seeking confirmation of a Cabinet recommendation to approve the establishment of the Tourism N.P.D.O. "Clwyd Leisure Limited" and other associated matters.

Councillor R.W. Hughes referred to the previous decision of the Council to set up an N.P.D.O. (Minute number 1033, of 4th April, 2000 refers) and the current proposal to progress matters on a two phased approach. The first phase would be to establish a single N.P.D.O. and for the transfer of responsibility for four facilities to that Board. Councillor Hughes referred to the procedures adopted in establishing the Shadow Board of 12 Members and the need to elect two Members of the Council to serve on the Board. Arising from a decision taken at Cabinet, those prospective Board Members were invited to submit their C.V.'s to Council for consideration and completed C.V.'s had been received from Councillors A.E. Fletcher-Williams and G. Williams.

Councillor Hughes further referred to the Membership of the Shadow Board (Appendix 1), the site budgets for 2001/2002 (Appendix 2) and the financial details of the N.P.D.O. Business Plan. With reference to the grant levels Councillor Hughes indicated that they would need to be re-adjusted to take into account insurance re-evaluations.

Councillor R.W. Hughes proposed, seconded by Councillor R.E. Jones that the eight recommendations within the report be approved.

Members took the opportunity to raise questions with the Cabinet Lead Member and the Assistant Director, Culture and Leisure, particularly referring to the composition of the Shadow Board; financial considerations and transfer of staff to the N.P.D.O.

In response to a request from a Member, Councillor R.W. Hughes agreed to provide Members with an appraisal of the Shadow Board Members.

RESOLVED that:-

(a) the establishment of the Tourism N.P.D.O. 'Clwyd Leisure Limited' (draft title) from 1st April, 2001 and the implementation of the first phase of the transfer of responsibility of the initial four facilities; Sun Centre, Nova Centre, North Wales Bowls Centre and the Sky Tower, be approved;

(b) the grant of £350,970 for 2001/02 as outlined in paragraph 3.1 be approved and an agreement in principle to grant levels of £351,275 in year 2 and £335,415 in year 3 (Appendix 3) subject to the right to vary the amount depending on performance;

645 (c) the continued implementation of the second phase of the transfer of amenities on the coast as outlined in the original report with a target date of April 2002 subject to negotiation between the Council and the N.P.D.O. the details of which will be reported back to Cabinet and Full Council be agreed, in principle;

(ch) Councillors A.E. Fletcher-Williams and G. Williams be elected to serve on the N.P.D.O. Board;

(d) an agreement be made in principle to support the 100% discretionary rate relief to the N.P.D.O. subject to formal application;

(dd) the grant of leases for a term of 21 years for the Sun Centre, Nova Centre and NWBC and 10 years for the Sky Tower, at a discounted rent of £1.00 per annum for the first five years, the market rent to be shown in the lease, otherwise on terms to be agreed by the Head of Public Protection and Regulatory Services in consultation with the County Clerk be approved;

(e) approval be given for the Council to opt to tax in respect of the Sun Centre, the Sky Tower, the Nova and the North Wales Bowls Centre be approved, and

(f) the formal transfer of 53 Denbighshire staff to the N.P.D.O. on 1st May, 2001 with full TUPE rights be approved.

1273. REVENUES: IRRECOVERABLE DEBTS

The Financial Controller submitted a confidential report (previously circulated) requesting authority to write off irrecoverable debts as detailed in Appendices 1 and 2 of the report. The Resources Policy Review and Scrutiny Committee on 25th January and 20th March, 2001 had considered reports and recommended to Council that the debts be written off.

The Financial Controller took Members through the report and responded to questions thereon. The Vice-Chairman of the Resources Scrutiny Committee indicated that he was satisfied that the debts were irrecoverable and referred to the Cabinet decision to further resource the Revenues Division which would assist the debt recovery process.

RESOLVED that the irrecoverable debts as detailed in Appendices 1 and 2 of the report be written off.

1274. LLANGOLLEN BOUNDARY REVIEW

The Leader of the Council submitted a confidential report (previously circulated) seeking confirmation of a Cabinet recommendation of 22 February, 2001 that the County Council endorses and accepts the draft submission to the Local Government Boundary Commission for Wales detailing the Council's case for Llangollen remaining in Denbighshire (copy of draft submission attached to the report).

RESOLVED ACCORDINGLY.

1275. THE POST OF CHIEF EXECUTIVE

(The Chief Executive, Corporate Directors and all other Officers, with the exception of Head of Personnel, County Clerk and Administration Services Manager, left the meeting during discussion of the following item).

The Head of Personnel submitted a joint confidential report (circulated at the meeting) advising Members of the recommendation of the Occupational Health Physician that the Chief Executive be retired on the grounds of ill-health.

Councillor P.J. Williams proposed, seconded by Councillor M.Ll. Davies that the recommendation be accepted.

The Head of Personnel reported that Management Team had redefined the role of the Chief Executive up to his retirement and arrangements had been put in place to cover some of his responsibilities particularly those which interfaced with the public.

646 The County Clerk referred to a further practical issue regarding the sealing and execution of documents and submitted a recommendation thereon.

The Leader of the Council indicated that an emergency meeting of Cabinet had taken place that morning and proposed that the options available in filling the void left by the retirement of the Chief Executive be considered by Cabinet and Special County Council on 3 April, 2001. In response to a request from Councillor E.W. Williams the Leader agreed to prepare a SWOT analysis for consideration by Cabinet/Council.

RESOLVED that:-

(a) the recommendation of the Occupational Health Physician that the Chief Executive be retired on ill-health grounds be accepted, with regret;

(b) the Deputy Chief Executive Officer and Deputy Monitoring Officer be designated as authorised Officers to counter-sign the Council's Deeds and Documents, and

(c) the options available to the Council for filling the post of Chief Executive be considered by Cabinet/Special County Council on 3 April, 2001.

CHAIRMAN'S ADDRESS

The Chairman indicated that this would be his last full meeting of the County Council that he would be chairing and thanked Members and Officers for all their support during his term of office.

The meeting concluded at 12.50 p.m.

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647 PLANNING COMMITTEE

Minutes of a meeting of the Planning Committee held in the Council Chamber, Town Hall, Ruthin on Wednesday, 28th March 2001 at 10.00a.m.

PRESENT

Councillors J. Butterfield, M.Ll. Davies, S. Drew (Substitute for J.R. Hughes), A.E. Fletcher-Williams, I.M. German, M.A. German, K.N. Hawkins, D.M. Holder, N.J. Hughes, R.W. Hughes, N. Hugh-Jones, E.R. Jones (Substitute for S. Thomas), G. Jones, P.M. Jones, R.E. Jones, R.J.R. Jones, E.A. Owens, F. Shaw, J.A. Smith, K.P. Stevens, A.J. Tobin, K.E. Wells, C.H. Williams, E.W. Williams (Observer), P.O. Williams and R.Ll. Williams.

ALSO PRESENT

County Clerk, Head of Planning Services, Principal Planning Officer (South) (I. Weaver), Assistant Planning Officer (G. Jones), Principal Planning and Enforcement Officer (G. Boase) and Administration Officer (G. Butler).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors D.W. Davies, P. Douglas, J.R. Hughes, F.D. Jones and W.G. Thomas.

CHAIRMAN

In the absence of Councillor F.D. Jones, Councillor R.W. Hughes took the Chair.

PETITION

Councillor A.J. Tobin presented a petition of approximately 500 names objecting to the proposed development at Bryn Dethol Farm, Holyhead Road, Llangollen (Ref. 3/2000/1010/PF).

SUBSTITUTE

Councillor E.R. Jones, substituting for Councillor S. Thomas, arrived after the start of the meeting but the Committee accepted the late substitution.

1276. APPLICATIONS FOR PERMISSION FOR DEVELOPMENT

The report by the Head of Planning Services (previously circulated) was submitted enumerating plans submitted and requiring determination by the Committee.

RESOLVED that:-

(a) the recommendations of the Officers, as contained within the report now submitted, be confirmed and planning consents or refusals as the case may be, be issued as appropriate under the Town and Country Planning (General Permitted Development) Order 1995, Planning and Compensation Act, 1991, Town and Country Planning Advert Regulations, 1994 and/or Planning (Listed Buildings and Conservation Areas) Act, 1990 to the development proposed by the following plans subject to the conditions enumerated in the schedule now submitted:-

(i) Consents

Application No. Description and Situation

01/2000/1180/PF Erection of 10 dwellings and construction of new vehicular and pedestrian accesses at Site 10a Parc Alafowlia, Denbigh. SUBJECT to the following amended condition no. 6, new condition no. 9 and new note to applicant no.1:-

648 6. The footway/cycle way link to Ysgol y Parc shall be completed up to the site boundary prior to the occupation of any of the dwellings hereby permitted, in accordance with such details, including width, final surfacing and fencing as are submitted to and are approved in writing by the Local Planning Authority, no later than 3 months from the commencement of the development. 9. Prior to the commencement of the development, plans showing the position and details of the boundary fence between the plots numbered 61 - 64 and the ditch shall be submitted for the further consideration of the Local Planning Authority, to include for a minimum 1 metre distance from the edge of the stream and the provision of suitable childproof fencing. The approved details shall be implemented prior to occupation of any of these units. REASON - in the interests of the safety of occupiers of the dwellings and to allow for reasonable ease of access to the ditch in the event of blockage or future schemes to culvert the ditch. 1. you are advised to ensure that all reasonable steps are taken to prevent access from any of the plots to the small ditch outside the site boundary.

02/2001/0122/PF (Following consideration of one additional letter of representation from Ruthin Town Council). Erection of 4 dwellings and associated works at land to the rear of Rhos Street, Ruthin.

03/2000/1150/PF Proposed erection of a dwelling and formation of a new vehicular access at plot of land, Brook Street, Llangollen. SUBJECT to the following amended condition no. 3:- 3. The access arrangements shall not be as shown on the submitted plans, but shall be in accordance with such details as are submitted to and as are subsequently approved in writing by the Local Planning Authority, to include for a turning area and space for the parking of two vehicles within the plot, prior to the commencement of development.

03/2001/0103/AD Amended Description - Replacement of existing signage by the display of (a) illuminated lettering on new fascia sign and (b) internally illuminated globe sign on front elevation at Barclays Bank House, Castle Street, Llangollen. (This decision was made on the Casting Vote of the Chair). SUBJECT to the following amended condition no.4, new condition no.5 and new note to applicant no.1:- 4. The fascia panel referred to as (b) on the submitted plan shall be finished in a matt off white colour (or such other colour as may be approved in writing by the Local Planning Authority), and shall not be illuminated at any time: the sole illumination being of the individual letters of the word Barclays on this fascia board. 5. None of the signs hereby granted consent shall be displayed until all the signs shown on the submission to be removed have been taken off the building. REASON - in the interests of visual amenity. 1. Your attention is drawn to the amended description of the application which includes solely those signs it is considered require advertisement consent from the Local Planning Authority.

05/2001/0128/PF Change of use of the existing shop to include A3 use (Hot food - Not Takeaway) at Gwalia Gifts, The Square, Corwen. SUBJECT to amended condition no.2, new condition no.3 and notes to applicant 1 and 2.

649 2. The use of the ground floor area forming the subject of this application shall be restricted to the sale of hot food for consumption on the premises between the following hours: 0830 - 2300 Monday to Saturday 0830 - 2230 Sunday and there shall be no sale of hot food for consumption off the premises. 3. The window on the side elevation shall be glazed with obscure glass at all times. REASON - in order that there is no unreasonable interference with the users of the passageway and to avoid interference with the enjoyment of users of the shop. 1. The Local Planning Authority’s attention has been drawn to the fact that the passageway running alongside the proposed new window is in separate ownership and that its use is outside the applicant’s control. The grant of planning permission does not convey any private consent(s) which may be required to install a window on a boundary wall in these circumstances. 2. You are also advised that the proposals require separate Building Regulations consent and you should ensure this and any other regulatory approvals are obtained as soon as possible as the grant of the planning permission does not authorise uses which are subject to separate legislation.

43/2001/0069/PF Erection of two-storey pitched-roof extension to rear of dwelling-house at 10 Orme View Drive, Prestatyn.

43/2001/0072/PO (Following consideration of 3 additional letters of representation from: Head of Highways, Principal Countryside Officer and Vale and District Badger Group). Demolition of existing derelict dwelling and development of 0.08 hectares of land by erection of 1 dwellinghouse and construction of new vehicular access (outline application) at land at former Mountain View, Ffordd Penrhwylfa, Prestatyn. SUBJECT to new condition no.11 and new note to applicant. 11. Prior to the commencement of any of the development hereby permitted the site shall be surveyed by a badger consultant for the presence of badgers on the site and if their presence is confirmed, details of a mitigation plan shall be submitted to and approved in writing by the Local Planning Authority. REASON - in the interests of nature conservation. New note to applicant - For further information on condition no.11 contact the Vale and District Badger Group on 01824 707471.

45/2001/0112/PF (Following consideration of 1 additional letter of representation from Head of Highways). Change of use from Class C2 residential institution to Class B1 offices with car park and provision of access from existing council car park in Churton Road at 1 Fronfraith, Boughton Avenue, Rhyl.

46/2001/0082/PF (Subject to the receipt of no further representations raising a planning matter not already covered in the report by 6th April 2001). (Following consideration of 1 additional letter of representation from New Development Consultants). Erection of two-storey pitched-roof extension to side of dwellinghouse at 11 Hillside, St. Asaph.

47/2001/0035/PF Erection of pitched-roof extensions to side and rear, provision of dormers to front elevation, conservatory to rear of dwellinghouse and detached double garage at Awelog, Waen, St. Asaph. 650 (b) Notwithstanding the recommendation of the Officers, the following application be refused for the reasons indicated:-

Application No. Description and Situation

03/2000/1010/PF (Following consideration of 1 additional letter of representation from Darby Mollan Lewis, Solicitors acting for applicants and petition (500 signatories) presented by Councillor A.J. Tobin). Conversion, alteration and extension to range of existing former farm buildings, to form 13 dwellings, business centre, riding centre and associated landscaping together with improvements to an existing vehicular access (amended details of planning permission previously granted under code no. 26/893/96/PF) at Bryn Dethol Farm, Holyhead Road, Llangollen. The decision, being CONTRARY to the Officers’ Recommendation was taken for the following reasons:- It is the opinion of the Local Planning Authority that the proposals represent a significant change in emphasis from the scheme with an extant planning permission for a tourist/employment development on the site, to one involving a significant element of residential development by way of new build units and conversions, and that key elements are unacceptable in this attractive open countryside location within a Green Barrier and Outstanding Landscape Area (Glyndwr District Local Plan) and a Special Landscape Area (Clwyd County Council Structure Plan : First Alteration), specifically:- (a) The provision of 3 new build residential units, which are considered to be unacceptable in principle in the open countryside in the absence of any essential need, and contrary to Policy B8 of the County Structure Plan : First Alteration. (b) The conversion of existing buildings into 10 dwelling units, which in addition to the 3 new build dwellings would effectively create a residential hamlet in the countryside, with associated developments and domestic paraphenalia, potentially harmful to the character and appearance of the area, which is designated a Green Barrier, Outstanding Landscape Area, and Special Landscape Area, contrary to policies H2, H3 and H5 of the County Structure Plan : First Alteration and policies L1 and L3 of the Glyndwr District Local Plan. (2) The scheme with the extant planning permission, formed a cohesive package of tourist/business related proposals, bringing potentially significant economic benefits to the area, and together with restoration of the listed buildings were considered to outweigh any harm to the environment from the development. The current proposal is predominantly residential in character, bringing more limited economic benefit to the area and is likely to have a harmful impact on the character and appearance of the landscape, particularly the new build elements, namely the stable block, business centre and the three new build dwellinghouses.

Application No. Description and Situation

03/2000/0884/PF (Following consideration of 12 additional letters of representation from: 1. Llangollen Tourism Association, Town Hall, Llangollen 2. Middlewich Narrowboats, Old Canal Depot, Canal Terrace, Middlewich 3. Welsh Lady Cruises, Ellesmere Road, Whittington, Shropshire

651 4. Alvechurch Boat Centres Ltd., Wrenbury Mill, Wrenbury, Cheshire 5. Anglo-Welsh, 5 Pritchard Street, Bristol 6. N. Simpson, Claymoore Navigation, The Wharf, Preston Brook, Warrington 7. Thomas Telford Narrow Boat Aqueduct Trips, The Wharf, Llangollen 8. The Lyneal Trust, The Shirehall, Abbey Foregate, Shrewsbury 9. Marine Services, Chirk Marina, Chirk, Wrexham 10. Black Prince Holidays Ltd., The Wharf, Harbury Road, Bromsgrove, Worcestershire 11. Shrewsbury & Atcham Access Group, Chavel, Ford, Shrewsbury 12. Llangollen & District Chamber of Trade, Cloud Hill, Pentre, Chirk). Development of land by the construction of overnight mooring for up to 32 canal boats and the construction of a footbridge and associated ramp at Llangollen Mooring Basin, Dinbren Road, Llangollen. REASON - to allow further negotiation with the Applicants to delete the footbridge from the scheme.

30/2001/0038/PF (Subject to the receipt of no further representations raising planning matters not already covered in the report by 12th April 2001). (Following consideration of 4 additional letters of representation from County Ecologist, A. Thomas and Mrs. C.E. Higginson, 1 Ffordd Pen y Maes, Mrs. J. Ryding, 6 Parc Bach, A. Jones (AM) Vale of Clwyd). Erection of 1 No. dwelling and construction of new vehicular access at land at Trefnant Isa fronting Ffordd Pen Y Maes, Parc Grosvenor, Trefnant, Denbigh. REASON:- (i) to allow further investigation of existence of great crested newts on land (ii) to allow consultation with CCW To consider the impact of:- (iii) New scheme for foul water drainage received (iv) Application on adjoining land received.

42/2000/1115/PF (Subject to the receipt of no further representations raising planning matters not already covered in the report by 5th April 2001). (Amended location plan distributed). (Following consideration of 2 additional letters of representation from Head of Highways, Vale and District Badger Group). Erection of 79 No. dwellings with associated roads and open space with 2 hectare site for primary school site at Plas Newydd Estate, off Ffordd Pantycelyn, Prestatyn. REASON - to obtain further information on flooding risk from Environment Agency.

44/2001/0110/PF (Following consideration of amendment to Paragraph 4, page 64 and 1 additional letter of representation from Head of Highways). Change of use of vacant land to use as static holiday caravan park at Plot 2 Former Riverside Camp, Marsh Road, Rhuddlan, Rhyl. REASON - to investigate with Environment Agency mitigation measures for this greenfield site.

45/2000/0498/PF (Following consideration of amendment to Paragraph 4, page 69 (objection to policies) and 1 additional letter of representation from New Development Consultants). Erection of 90 No. Two-storey dwellings and construction of associated estate roads at land off Rhodfa Maen Gwyn, Rhyl. 652 REASON - To consider The amenity area should be overlooked by houses to deter vandalism, provision of emergency access, provision of shops and a bus service.

1277. ST. ASAPH BUSINESS PARK - DESIGN GUIDE

(Councillor E.R. Jones declared an interest in the following application and left the Chamber during consideration thereof).

The Head of Planning Services submitted his report (previously circulated). Following consideration of one additional letter of representation from the Head of Highways, it was:-

RESOLVED that the design guide be approved as supplementary planning guidance for the business park to replace the guide approved in 1995. The extent of approval be subject to the comments made at paragraph 3.4 of the report.

1278. LAY-BY TRADING IN DENBIGHSHIRE - EXCLUDING THE A.55

The Head of Planning Services submitted his report (previously circulated). Having regard to the temporary nature of the use of the lay-bys on the A494 and A525 and the existing character of the area, it was:-

RESOLVED that no action be taken at this time but that the use of these lay-bys be monitored and should they become permanent features then separate reports be presented to the Committee at that time.

1279. ENFORCEMENT MATTERS

ENF/434/99/N

Use of land for the stationing of a mobile unit for the purpose of serving refreshments and associated vehicle parking at 4 no. laybys on the A.55 at Rhuallt Hill.

RESOLVED that authorisation be granted to the Special Enforcement Notices authorised by the Planning Committee on 26th July 2000 being served to bring about the cessation of the unauthorised catering use and removal from the land of the mobile units and all other associated facilities alongside the A55. A period of compliance with the Notice shall be 12 months from the date of service of the Notice.

(Councillor N. Hugh-Jones asked it to be noted that he voted against the officers’ recommendation).

ENF/413/99/N

Unauthorised change of use of land to a mixed use of residential, office (Class B1) and Builder’s depot/operations centre at Tan Y Bryn, Cwm, Dyserth.

RESOLVED that authorisation be granted for the following:-

(a) serve an Enforcement Notice or other relevant Notice to ensure the cessation of the unauthorised use and the removal from the land of all the associated items, and

(b) instigate prosecution proceedings or other appropriate action under the Planning Acts against the person or persons on whom any Notices are served or against whom any legal action is taken should they fail to comply with the requirements thereof.

1280. DATE OF SITE VISITS

There being no site visits required this item was withdrawn.

653 1281. LIST OF APPLICATIONS DEALT WITH UNDER DELEGATED POWERS

The Head of Planning Services submitted his report (previously circulated) of applications for Planning Permission determined by him under delegated authority between 10th February 2001 and 9th March 2001.

RESOLVED that the report be received.

1282. ITEM FOR INFORMATION

Recent Planning Policy Publications

The Head of Planning Services circulated a report advising Members of available new and existing Planning Policy Documents.

RESOLVED that the report be accepted.

The meeting closed at 12.45p.m.

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654 BEST VALUE SCRUTINY COMMITTEE

Minutes of the meeting of the Best Value Scrutiny Committee held in the Independent Group Room on Wednesday, 28th March, 2001 at 2.00 p.m.

PRESENT

Councillors A.E. Fletcher-Williams (Chair), D. Jones, G. Jones and C.H. Williams.

ALSO PRESENT

Administration Services Manager, Head of I.C.T. and Best Value Officer.

1283. MINUTES

The Minutes of the meeting held on 28th February, 2001 (previously circulated) were submitted for consideration.

Matters Arising

Item 1 (Minutes) - the Chair indicated that she had attended the External Challenge on 13th March 2001.

RESOLVED that the minutes of the meeting held on 28th February 2001 be approved as a correct record.

1284. HOUSING RENTS - BEST VALUE REVIEW

The Best Value Officer referred to the previous presentation given to the Committee by the Head of Revenues on the Best Value Review undertaken on Housing Rents. (Minute No. 1028 of 31st January 2001 refers). That review had been the subject of an Interim Challenge held on 26th March 2001 which had given the Officers an opportunity to comment on the Inspectors' findings.

The Best Value Officer circulated at the meeting a copy of the slides produced at the Interim Challenge outlining the results of the Inspectors' findings. The purpose of the Interim Challenge was to summarise the context of the Inspection; present what had been found; to give a view of the quality of the Council's Housing Rents Service and an assessment of the capacity for improvement; provide sign posts for improvement and to receive feedback.

The overall findings of the Inspectors was that the Housing Rents Service was a poor service and was "unlikely" to improve.

The Best Value Officer indicated that the Officers would now need to make a formal response to the Interim Challenge with a view to persuading the Inspectors to reassess their judgement as a service which was "likely" to improve prior to publication of their final report. She indicated that the Best Value Review may need to be repeated and would be re-inspected by the Inspectors at the end of 2001.

The Administration Services Manager indicated that Cabinet on 22nd March had approved a suggested recovery strategy in connection with the Revenues function which would provide additional staffing resource to the Department.

Members took the opportunity to raise questions with the Best Value Officer regarding the results of the Interim Challenge. Whilst expressing disappointment with the Inspectors' findings Members acknowledged the measures now put in place as part of the recovery strategy. It was agreed that the Committee should now monitor the progress of the second Best Value Review on Housing Rents.

RESOLVED that :-

(a) the results of the interim Challenge on the Housing Rents Service be received and noted, and

655 (b) the Officers be requested to submit periodical monitoring reports on the progress of thesecond Best Value Review.

1285. EXTERNAL CHALLENGE - BEST VALUE REVIEWS

The Best Value Officer submitted a report (circulated at the meeting) advising Members of the outcomes of the External Challenge held on 13 March, 2001. The following services were subjected to the External Challenge process:-

- Design Services - Personnel - Payroll - I.C.T.

The Best Value Officer took Members through the individual reports and responded to questions thereon. She indicated that the Design Services Review had been held back by the Panel and further discussions would take place with the Director of Environment thereon.

In conclusion the Best Value Officer reported that the Panel had agreed that the three remaining Reviews could go forward for scrutiny by the Resources Scrutiny Committee, Cabinet and the Best Value Scrutiny Committee prior to inspection by the Audit Commission.

RESOLVED that the report be received and noted.

1286. BEST VALUE TIMETABLE

The Best Value Officer reported that the Audit Commission had now recommended that local authorities should now undertake more strategic Best Value Reviews rather than individual Service Reviews. Management Team had met to discuss the Best Value Timetable and agreed that the following strategic reviews should be undertaken:-

Transport; Special Education Needs; Grounds Maintenance (Green Spaces); Agricultural Estates, and Social Services (work opportunities).

RESOLVED that the position be noted.

1287. CORPORATE ACTION PLAN - DISTRICT AUDITORS' RECOMMENDATIONS

The Best Value Officer submitted a report (circulated at the meeting) advising Members of the update undertaken of the Council's Corporate Action Plan in response to the District Auditor's recommendations.

RESOLVED that the updated Action Plan be endorsed by the Best Value Scrutiny Committee.

1288. MEMBERS INVOLVEMENT IN BEST VALUE

The Administration Services Manager sought a nomination from Members to serve on the Best Value Project Team for the Agricultural Estates Review.

Following a brief adjournment to seek legal advice from the County Clerk it was:-

RESOLVED that Councillor G. Jones be nominated to serve on the Best Value Project Team for the Agricultural Estates Review.

656 1289. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972.

1290. ICT BEST VALUE SERVICE REVIEW

The Head of I.C.T submitted his confidential report (previously circulated) regarding the I.C.T Best Value Service Review highlighting the scope of the review, make-up of the project team, service profile, SWOT Analysis; the challenge, consultation, comparison and competition elements of the Review together with conclusion and recommendation.

The Head of I.C.T. concluded by informing Members that the Service Review had shown that the present arrangement of delivering the I.C.T. Service in-house was currently providing Best Value for the Authority and invited Members' attention to the I.C.T. Action Plan for 2001 - 2004 drawn up in response to the Best Value Service Review.

During the ensuing discussion Members received satisfactory responses from the Head of I.C.T. to their various questions concerning the Best Value Service Review process, challenge mechanism and delivery of the current I.C.T. service.

The Head of I.C.T. also referred to following matters of particular concern raised by the Resources Scrutiny Committee which had been submitted to Cabinet as part of the best value presentation on 22nd March 2001:-

(i) the need to draw the attention of Corporate Directors, in particular the Corporate Director - Resources, to the absence of induction training, including training in the use of I.C.T., and to request that appropriate training courses be established;

(ii) that Cabinet's attention be drawn to Members' concern about (i) the Authority's ability to comply with the National Assembly's target to ensure that (a) all Councillors in Wales had a publicly available e-mail address by July 2001, and (b) as an integral part of e-Government, that all Councillors were provided with ICT equipment by April 2002 and, in particular, (ii) the budget implications for Denbighshire of such compliance, and

(iii) that Cabinet be recommended to consider the inclusion within budget of an annual allocation for I.T. expenditure for the renewal etc. of I.T. equipment identified as a need in the future.

The Chair thanked the Head of I.C.T. for the presentation and it was:-

RESOLVED that the I.C.T. Best Value Service Review be signed off ready for inspection.

The meeting concluded at 3.55 p.m.

********

657 CABINET

Minutes of the meeting of the Cabinet held in the Assembly Rooms, Town Hall, Ruthin on Tuesday 3rd April 2001 at 10.00 a.m.

PRESENT

Councillors E.C. Edwards (Leader), I.M. German, D.M. Holder, G.M. Kensler, D.M. Morris, E.A. Owens, A.E. Roberts, W.R. Webb and K.E. Wells.

Observers - Councillors M.Ll. Davies, K.N. Hawkins, D. Jones, M.M. Jones and W.G. Thomas.

ALSO PRESENT

Chief Executive, County Clerk, Assistant Chief Executive: Strategy, Corporate Director: Resources, Financial Controller.

APOLOGIES

Apologies were received from Councillors R.W. Hughes and E.W. Williams.

The Leader welcomed Councillor D. Jones, Vice Chairman of Denbighshire County Council to his first Cabinet meeting. The Leader also welcomed the Press and thanked them for their positive reporting on Denbighshire matters.

1291. URGENT MATTERS

The Leader gave notice of the following item which in his opinion should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972:-

Objective 1 - the Leader would give a verbal update of the latest approvals.

Foot and Mouth Disease - Access to Countryside paper distributed at the meeting and would become item 7 of the Agenda.

Agenda Item 9 - Barnardo’s - Henllan Training Centre was withdrawn but would be included at a later date when more information would be available.

1292. MINUTES OF THE CABINET

The Minutes of the Cabinet held on 22 March 2001 (previously circulated) were submitted.

Matters Arising:-

Item 4 Leisure Centre Use Forum - Councillor G.M. Kensler asked if some local flexibility could be achieved to enable representation of other interested organisations within the locality e.g. For the Denbigh Forum could tennis or bowls clubs be represented on the forum. It was agreed that this be explored by the relevant officers.

Item 13 Proposed Renewal Areas - South West Rhyl and Denbigh - typographical error to read Councillor D.M. Morris.

Item 17 Applications to Lease Commercial Units B and C, Rhyl Railway Station - minute to incorporate the need for offloading arrangements for the Units to be made.

Item 22 Land Adjacent to Pen y Llan, Bishop’s Wood Road, Prestatyn - typographical error to read: 375 sq metres in both the minute and resolution.

RESOLVED that subject to the above the Minutes of the Cabinet meeting held on 22 March 2001 be approved as a correct record and signed by the Leader.

658 1293. RECRUITMENT

The Leader of the Council submitted a report (previously circulated) seeking approval for external advertisement:-

Clerical Officer - Denbighshire childcare Partnership Scale 2 Part Time

RESOLVED that the external advertisement of the above post be approved.

1294. BETTER BUSINESS WALES

The Leader submitted the report (previously circulated) seeking Members approval for the County Council to become a member of a company limited by guarantee established to deliver the Better Business Wales initiative, a major initiative to enable Welsh businesses to maximise the opportunities provided by e-commerce. The initiative is supported by BT, HSBC, the National Assembly for Wales, the Welsh Local Government Association and EU Objective One Funding.

RESOLVED that Council should apply to become a member of the company limited by guarantee established to deliver the Better Business Wales initiative.

1295. HIGHWAYS AND TRANSPORTATION - INTERIM FLOOD RESPONSE PROCEDURE

Councillor D.M. Morris, the Lead Cabinet Member for the Environment submitted the report (previously circulated) seeking Members’ approval to interim land drainage flood response procedure for use on a year-round basis, in conjunction with the winter maintenance and 24 hour emergency call-out procedures already operated by Highways and Transportation. Members were asked to recognise the importance of having such a service in place and support the allocation of additional funding within subsequent years’ revenue budget, to enable continued provision.

RESOLVED that subject to the observations of the Environment and Resources Scrutiny Committees, Members:-

(a) approved the Highways and Transportation Interim Flood Procedure as a formal methodology for responding to land drainage flooding threats, and

(b) recognised the need to allocate additional funds within subsequent years’ budget rounds in order for this enhanced level of service to be maintained.

1296. FLOOD DEFENCE PROGRAMME 2001-2004

Councillor D.M. Morris, the Lead Cabinet Member for the Environment submitted the report (previously circulated) seeking Members’ approval to proceed with a flood defence programme encompassing the major sites within the County which were prone to repeated and/or severe flooding from non-main river land drainage systems. Approval was sought to utilise designated Capital funding allocated by the County Council and supplemented as far as possible by external grants, to firstly carry out the necessary specialist feasibility/design exercises for each location, followed by execution of the appropriate flood defence works.

Councillor G.M. Kensler asked that Dalar Wen, Denbigh be included as a site where flood defence should be included as a priority alongside the Clwyd Avenue Culvert and Lenten Pool Culvert, Denbigh.

Councillor G.M. Kensler pointed out that Lenten Pool is Pwll y Grawys in Welsh.

The Leader and Head of Economic Regeneration said Denbighshire was making an application for additional money to WEFO.

Councillor E.A. Owens outlined the revenue and capital items and reminded Cabinet that if there was a change in priority this should not create an additional spend. Councillor Owens suggested that when

659 Scrutiny consider this they look at compensatory savings on the revenue side as part of their remit. Resources Scrutiny will follow through the application of capital procedures.

RESOLVED that subject to the observations of the Environment and Resources Scrutiny Committees, Members authorised the Head of Highways, to utilise the specifically allocated Capital funding, supplemented by grant aid as appropriate, to prepare and implement a flood defence programme (initially based on a 3 year period) covering the major flooding-prone locations within the County.

1297. FOOT AND MOUTH DISEASE

Councillor D.M. Morris, the Lead Cabinet Member for the Environment presented the report which was circulated at the meeting. Councillor Morris said the National Assembly for Wales expected Local Authorities to open areas to the public where there would be minimal risk. The Appendix 1 document attached was a Draft Risk Assessment for the Opening of Selected Countryside Sites and Appendix 2 gave examples of signage which could be used. Before any areas were opened to the public, consultation would be carried out with MAFF, NFU, FUW, CCW and Local Members.

Councillor K.E. Wells said that opening some areas to the public could create confusion and the Authority could be sending out the wrong message to the public.

The Head of Public Protection reminded Members of the needs of the tourist industry and said that any proposed opening of sites would be discussed with both the farming unions.

Councillor D.M. Morris suggested that the detailed risk assessments could be brought to Cabinet along with details of the consultations carried out.

RESOLVED that Members agreed to a risk assessment being carried out with the results being presented to a Special Meeting of the Cabinet.

1298. REGISTRATION SERVICE (BIRTHS, DEATHS AND MARRIAGES) - INCREASE IN SCALE OF FEES - CIVIL WEDDINGS

The Leader submitted the report (previously circulated) seeking Members approval to an increase in the existing fees in respect of applications for the approval of premises for use as venues for Civil Marriages and attendance of Registration staff at such marriages.

RESOLVED that Members approved the increase in existing fees as detailed in the report.

1299. STREET LIGHTING MAINTENANCE CONTRACT - EXTENSION

Councillor D.M. Morris, the Lead Cabinet Member for the Environment submitted the report (previously circulated) seeking Members’ agreement to extend the 4 year contract for a further 12 months in accordance with the terms of the contract.

The Leader said this contract demonstrated an ideal partnership with another Local Authority.

RESOLVED that Members agreed:-

(a) that the contractor be offered an extension to the contract until 30 June 2002, and

(b) that the Head of Highways and Transportation be given delegated powers to extend and let such contracts in consultation with the Cabinet Member for the Environment.

1300. CHARGING FOR RESIDENTIAL SERVICES 2001-2002

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ approval for the maximum charge for Local Authority Residential Accommodation 2001/2002 and that Members approve an inflation factor increase of 2.5%.

660 RESOLVED that Members approved the 2.5% increase in charges as detailed in the report with effect from April 2001.

1301. CHARGING FOR NON-RESIDENTIAL SERVICES 2001-2002

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ approval to increase charges by inflation and to approve the revised table of charges as set out in the Appendix to the report.

RESOLVED that Members approved the 2.5% increase in charges as set out in Appendix 1.

1302. NEW OPPORTUNITIES FUND OUT OF SCHOOL HOURS CHILD CARE - CONSORTIUM BIDS

Councillor K.E. Wells, the Lead Cabinet Member for Lifelong Learning submitted the report (previously circulated) seeking Members’ agreement to Denbighshire County Council Directorate for Lifelong Learning becoming the lead body for consortium bids to the New Opportunities Fund (Out of School Hours Childcare).

RESOLVED that Members agreed for Denbighshire County Council Lifelong Learning Department to become the lead body of consortium bids for New Opportunities Fund Out of School Hours Childcare.

1303. OBJECTIVE ONE

The Leader gave a verbal update on Objective One in Denbighshire - four applications have been approved:-

Showcase Project for the ground floor of Denbigh Town Hall to provide a focus for new development opportunities in the town - grant of £216,000 towards the total project cost of £550,000.

A Visitor Enhancement Programme to update the environment around the High Street, Rhuddlan - grant of £235,000 towards the total project cost of £690,000.

A Community Key Fund providing capital grants for the most deprived parts of Denbighshire - grant of £385,000 together with Natinal Assembly funding of £138,000 towards a total project cost of £587,000.

A Rural Key Fund - grant of £182,000 together with National Assembly funding of £185,000 towards a total project cost of £435,000.

At this juncture (11.50 a.m) the meeting adjourned for 15 minutes to allow Members to participate in refreshments.

1304. EXCLUSION OF PRESS AND PUBLIC

RESOLVED under Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded form the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1, 8, 9 and 10 of Part 1 of Schedule 12A of the Local Government Act 1972.

1305. RESTRUCTURE AND STRENGTHENING OF CENTRAL ACCOUNTANCY FUNCTION

Councillor E.A. Owens, the Lead Cabinet Member for Resources submitted the report (previously circulated) seeking Members’ approval for a new structure for Central Accountancy, the strengthening of links between the centre and the staff devolved to Directorates, together with the appointment of 2 accountants by external advertisement and as detailed in the appendices to the report.

RESOLVED that Members approved the new structure for Central Accountancy Division together with the strengthened links between the central and devolved staff and that approval be given to the external advertisement of accountant posts following the appointment of the Principal Management Accountant.

661 1306. BEST VALUE - PAYROLL SERVICES

Councillor E.A. Owens, the Lead Cabinet Member for Resources submitted the detailed report and appendices (previously circulated) seeking Members’ approval to the Best Value Performance Plan for Payroll Services.

The Head of Exchequer expanded on the process of the preparation of the Best Value Review. Members were informed of the outcome of the external challenge.

RESOLVED that Members received and approved the Payroll Services Best Value report.

1307. CORWEN RAILWAY STATION AND TOWN CENTRE LINK STUDY

The Leader submitted the report (previously circulated) seeking Members approval to the appointment of RPS Chapman Warren Limited by the County Council to undertake the Corwen Railway Station and Town Centre Link Study.

RESOLVED Members agreed the implementation of the Corwen Railway Station and Town Centre link Study by confirming the appointment of RPS Chapman Warren Limited by the County Council to undertake the study.

1308. THE POST OF CHIEF EXECUTIVE

The Chief Executive submitted the report and appendix (previously circulated) which detailed guidance to Members on whether or not Council continue with a Chief Executive post and gave details of draft guidance circulated to both England and Wales together with the key characteristics of a Chief Executive Post for a Modernised Local Authority.

RESOLVED that Cabinet recommend to Council:-

(a) that a Chief Executive should be appointed;

(b) tenders be sought for specialist consultants, and

Councillor G.M. Kensler abstained from voting.

1309. INTERIM POLITICAL ARRANGEMENTS

Beverlea Frowen, District Audit gave an overview of her role within the District Audit which looked at Performance Management and the Modernising Agenda.

Her research would address:-

1 improved policy making; 2 improved decision making, and 3 the achievement of greater accountability.

This would entail examining the operation of the County’s Executive and Scrutiny arrangements together with arrangements to meet the new ethical framework via Standards Committee and a New Code of Conduct. In addition the views would be sought of external partners e.g. Health Authority, Police, Schools and the Voluntary Sector, as to the Council’s modernisation programme.

Work had commenced by holding 5 focus groups and there would be further individual Member and Officer interviews. Cabinet was requested to consider whether it wished to participate by means of a focus group, individual interviews or a combination of both.

662 Members then questioned Ms. Frowen on a range of issues appertaining to the implementation of the Modernising Agenda.

Three key areas were identified, namely - mechanisms for “call in” of decisions, scrutiny of proposals and the review of policy and strategic direction.

RESOLVED that Members agreed to meet with Ms. Frowen both on an individual basis and as a Cabinet.

The meeting concluded at 12.25 p.m.

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663 DENBIGHSHIRE COUNTY COUNCIL

Minutes of the special meeting of the County Council held in the Council Chamber, Town Hall, Ruthin on Tuesday, 3rd April 2001 at 2.00 p.m.

PRESENT

Councillor R.Ll. Williams (Chairman), J. Butterfield, D.W. Davies, M.Ll. Davies, P.A. Dobb, P. Douglas, S. Drew, E.C. Edwards, A.E. Fletcher-Williams, I.M. Geman, K.N. Hawkins, D.M. Holder, N.J. Hughes, N.H. Jones, D. Jones, E.R. Jones, F.D. Jones, G. Jones, M.M. Jones, P.M. Jones, R.E. Jones, R.J.R. Jones, G.M. Kensler, J.S. Kerfoot-Davies, D.M. Morris, E.A. Owens, T.M. Parry, A.E. Roberts, F. Shaw, J.A. Smith, K.P. Stevens, W.G. Thomas, A.J. Tobin, W.R. Webb, K.E. Wells, C.H. Williams, G. Williams and P.O. Williams.

ALSO PRESENT

Chief Executive, County Clerk, Administration Services Manager and Principal Personnel Officer.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors M.A. German, J.R. Hughes, R.W. Hughes, A.E.W. Jones, D.A. Thomas, S. Thomas, E.W. Williams and P.J. Williams.

1310. WELCOME

The Leader of the Council welcomed back to the Chamber Councillor G. Williams following his lengthy period of incapacity. The Chairman also extended a warm welcome to Councillor Williams.

1311. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1, of Part 1 of Schedule 12A of the Act.

1312. THE POST OF CHIEF EXECUTIVE (1)

The Chief Executive submitted a confidential report (previously circulated) advising Members on whether or not the Council should continue with a Chief Executive post following his retirement.

The Chief Executive indicated that the Council had a legal requirement to appoint a Head of Paid Service and referred to the Appendix 2 of the report relating to the Guidance to Local Authorities in England (mirrored in the draft Welsh Guidance) which set out the core roles of the Chief Executive on implementation of the Local Government Act 2000. There was also a growing tendency of Government in health, community, safety and youth matters to single out the Chief Executive as the key figure in selection to delivery of a series of key national policy objectives.

The Chief Executive referred to an extract from a paper by the University of the West of England which examined the role of the Chief Executive and he felt that the arguments within that paper remained relevant today. He acknowledged that the role of the Chief Executive needed redefining and consequently recommended that the Council should proceed to appoint a Chief Executive but that the job description and person specification against which he was appointed needed to be revised to reflect the slightly different emphasis required by the post.

The Leader of the Council proposed that the County Council continues with a Chief Executive post. Upon being put to the vote it was:-

RESOLVED that the Council proceed to appoint a Chief Executive but that the job description and person specification be revised to reflect the slightly different emphasis required by the post.

Councillor M.Ll. Davies wished it be recorded that he voted against the above resolution.

664 1313. THE POST OF CHIEF EXECUTIVE (2)

A joint confidential report by the Head of Personnel and County Clerk was submitted (previously circulated) requesting Members to consider further the filling of the post of the Chief Executive as a consequence of the decision referred to above.

Consideration needed to be given to:-

Ÿ the arrangements for the advertisement and recruitment of a new Chief Executive;

Ÿ the continued use of recruitment consultants to assist in the recruitment and selection process;

Ÿ agree timescale for the process, and

Ÿ agree a selection and interview process.

Councillor W.R. Webb proposed, seconded by Councillor E.C. Edwards that the Council advertise for the appointment of recruitment consultants to assist in the recruitment and selection process.

The Chief Executive referred to the use of recruitment consultants to assist in the recruitment of the recently appointed Head of Personnel. He indicated that there were a number of consultants who could assist in the process of appointing a Chief Executive and suggested that tenders be sought from those companies. Councillor E.A. Owens proposed that a formal tendering procedure be adopted for the appointment of recruitment consultants and upon being put to the vote it was:-

RESOLVED that tenders be invited for the appointment of recruitment consultants to assist in the recruitment and selection process.

The County Clerk referred to the appointment process for the consultants and the previous decision when appointing the Corporate Directors and other posts for a presentation to be given by the consultants to an Appointments Panel. That Panel also agreed the job description and person specification for those posts. Councillor W.R. Webb proposed, seconded by Councillor D.M. Morris that the Cabinet and Group Leaders (or substitutes), with full voting rights, be delegated to oversee the recruitments process for the appointment of the consultants. The County Clerk also suggested the Chairman of the Council should Chair the above Panel of Members. Upon being put to the vote it was

RESOLVED that:-

(a) a Panel of Members comprising of the Cabinet and Group Leaders (or substitutes), chaired by the Chairman of the Council be given delegated authority to oversee the process for the appointment of recruitment consultants, and

(b) the Panel also be authorised to agree the job description and person specification in conjunction with the appointed consultants.

The Chief Executive sought guidance from Members on the linguistic issue on the person specification. Councillor W.R. Webb proposed that Members should not provide such a steer but await the consultants draft specification. Upon being put to the vote it was:-

RESOLVED ACCORDINGLY.

The meeting concluded at 2.40p.m.

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665 DENBIGHSHIRE COUNTY COUNCIL AND TEACHERS’ CONSULTATIVE COMMITTEE

Minutes of the meeting of the Denbighshire County Council and Teachers’ Consultative Committee held in the Council Chamber, Town Hall, Ruthin on Wednesday, 4th April, 2001 at 10.00 a.m.

PRESENT

REPRESENTING DENBIGHSHIRE COUNTY COUNCIL

Councillors F. Shaw (Chair), S. Drew, N. Hugh Jones, R.E. Jones, M.M. Jones (observer), G. Kensler and J.A. Smith (substitute for T.M. Parry)

REPRESENTING THE DENBIGHSHIRE TEACHERS’ JOINT NEGOTIATING COMMITTEE (DTJNC)

K.T. Johansson, T. Jones, M.B. Lloyd (substitute for T. Gillespie), N.C. Roberts, N. Thirsk and A. West

ALSO PRESENT

Corporate Director Lifelong Learning, Head of Strategy and Resources Lifelong Learning, Property Services Manager Lifelong Learning, Financial Services Manager Lifelong Learning, Occupational Health Manager, Principal Personnel Officer, Administration Services Manager and Administration Officer (K.E. Jones)

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors T.M. Parry and K.P. Stevens and Teacher Representatives Mr. M. Finch, T. Gillespie, and S. Nantcurvis.

1314. MINUTES

The Minutes of the meeting held on 8th November, 2000 (previously circulated), as received by the County Council on 16th January, 2001, were submitted.

Matters Arising:-

Page 335 - Item No. 707 - Special Needs Review Update - In response to a teacher representative’s question the Head of Strategy and Resources confirmed that tenders had been invited in respect of the sale of Ysgol Tir Morfa, Rhuddlan.

Page 336 - Item No. 708 - Budget Update - Members considered the possibility of seeking a meeting with Assembly Members over the Easter Break to discuss funding to cover health and safety training. The Administration Services Manager confirmed that Council Officers had previously corresponded with the National Assembly regarding that issue who had responded that it was not appropriate for health and safety training to be funded from the GEST programme and advised that schools should use their own delegated budgets to address Health and Safety issues. He indicated that teachers could make representations directly to the National Assembly in that regard and the LEA representatives confirmed that they were prepared to write separately if required.

Members agreed that the issue of funding for health and safety training be passed to the Lead Cabinet Member for Education to ensure that he was fully aware of that issue and the concerns expressed by the Committee.

Page 337 - Item 709 - PFI Schemes Update - In response to a teacher representative’s question regarding the meeting scheduled for 12th December, 2000 the Head of Strategy and Resources indicated that the potential for harnessing PFI as a means of addressing current difficulties in maintaining and updating school premises remained unclear and the paper submitted by the DTJNC was subsequently withdrawn and the meeting was cancelled. Members indicated that they had received a letter from the County Clerk to that effect.

666 Page 338 - Item 711 - Teacher Relief - The Head of Strategy and Resources informed Members that a Formula Funding Group was being established to address the issue of funding Headteacher Relief in schools.

Page 338 - Item 712 - Central Service Cuts - In response to a question from an LEA Representative the Head of Strategy and Resources confirmed that it was possible for School Governors to obtain a copy of their own schools budget but indicated that the budget figures could not be distributed to any other source without prior consent from the School Governors.

RESOLVED that the minutes of the meeting held on 8th November, 2000 be received and approved as a correct record.

1315. DENBIGHSHIRE COUNTY COUNCIL AND TEACHERS’ CONSULTATIVE COMMITTEE - CONSTITUTION AND FUNCTIONS

The Administration Services Manager submitted the County Clerk’s report (previously circulated) together with a copy of the Committee’s Constitution (attached to the report) requesting Members consideration on the future role and functions of the Committee and whether its work could be promoted through a different forum. He explained that with the advent of the Modernising Agenda there was a feeling that the current forum might not be the best way to carry business forward and indicated that the Union side had signalled agreement for alternative ways of promoting dialogue with Members to be examined.

The Chair of the DTJNC expressed the views of the teachers side and agreed that the Committee could no longer function in accordance with its constitution in view of the changes to the Council’s Committee Structure as a result of the modernisation process. He submitted that the teachers wished for a forum providing a meaningful exchange of information which also enabled the teachers to put their views forward to Cabinet/Council. He referred to item no. 5 of the existing constitution in respect of Advisers and indicated that it was important to retain the right to require the attendance of specialist speakers at any future forum decided by the Committee.

A teacher representative referred to the different roles of the Teachers’ Consultative Committee and the DTJNC and the need to continue with the consultation and management process at any future meetings. He further indicated that any such future meetings should not be appended to DTJNC meetings but needed to be kept separate.

At this juncture (10.40 a.m.) the Chair of the DTJNC requested that the teachers side withdraw from the meeting for five minutes and with the consent of the Chair the proceedings were temporary halted.

Upon resuming the proceedings the Chair of the DTJNC wished to clarify that any future forum agreed by Members to put forward the views of the teachers side would be a meeting to replace the existing Denbighshire County Council and Teachers Consultative Committee with another body and not to annex that function to any future meetings of the DTJNC.

During the ensuing discussion Members considered the possibility of the DTJNC holding regular meetings with the Head of Strategy and Resources Lifelong Learning; other relevant Council Officers; the Cabinet Lead Member for Education and the Chair of the Lifelong Learning Scrutiny Committee to replace the functions dealt with by this Committee.

An LEA representative felt that any future meetings should involve at least two other LEA representatives in addition to the proposal that the Cabinet Lead Member for Education and the Chair of the Lifelong Learning Scrutiny Committee be included within the meeting. In response the Administration Services Manager indicated that the forum for discussing the future role and functions of the Committee would be at County Council.

It was proposed and seconded that subject to the consultation and subsequent agreement of the constituent unions the County Clerk’s recommendation that the work of the Teachers Consultative Committee be subsumed to the DTJNC be approved and recommended to County Council for ratification.

667 The Chair of the DTJNC requested that a draft of the proposed working arrangements and terms of reference for the proposed new forum be prepared and presented to both the Councillors and Teachers sides for consideration.

RESOLVED that Officers put forward the Committee’s recommendation to County Council that the work of the DCC/TCC be subsumed to the DTJNC as referred to above.

1316. DENBIGHSHIRE EDUCATION BUDGET

The Chair of the DTJNC submitted a report (previously circulated) expressing the concerns of the DTJNC over the allocation of the Education Budget within Denbighshire and referred to the Council’s failure to increase the base budget since its inception in 1996. Despite reports of a 5.7% growth within the Council’s settlement Denbighshire’s schools were facing cuts. He also expressed concern that demography and incremental drift had not been recognised as part of the budget settlement which had resulted in an overall loss to school budgets.

An LEA representative felt that it would be beneficial for Education funding to be ring fenced and the Head of Strategy and Resources indicated that until November, 2000 the Council had expected hypothecation for additional funding for Education but that had not materialised in the final settlement.

In addressing the Committee the Head of Strategy and Resources indicated that she welcomed the support she had received from the DTJNC with regard to the budget setting process. In response to the report by the Chair of the DTJNC she indicated that:-

- no cuts had been made to the schools delegated budgets;

- schools delegated budgets had been increased in line with the inflation rate;

- schools delegated budgets had risen by 8.1% overall in Denbighshire on the previous year;

- the basic budget allocation was enhanced by a number of Special Grants monies and also by an additional £500,000 achieved from the additional 2% Council Tax increase;

- referred to additional factors such as low reserves generally; falling pupil numbers; transient population and redeployment of teaching staff, and

- the effect of the nine point pay scale on incremental drift.

The Head of Strategy and Resources, with the aid of an overhead projector, provided Members with details of the delegated budgets for the financial year 2001/2002 in the primary, secondary and special needs sectors outlining how the budget had been apportioned together with a summary of demographic changes and incremental drift in both primary and secondary schools.

An LEA representative referred to the Chancellor’s statement in which he had indicated that additional monies would be made available for primary and secondary schools which would be allocated by the National Assembly. He suggested that members and officers may wish to write to the National Assembly to enquire how much funding would be allocated to schools; how the money was to be distributed and when the schools would be receiving that funding.

During the ensuing debate members particularly referred to the budget setting process; headteacher salaries; Formula Funding Group in respect of headteacher relief; Ysgol Plas Brondyffryn; threshold pay award; teacher training; redeployment of teaching staff; lack of resources; inherited budget from the former Clwyd County Council; and took the opportunity to put questions to the Head of Strategy and Resources regarding those specific issues.

RESOLVED that the report by the Chair of the DTJNC and the responses to the report from the Head of Strategy and Resources be received and noted.

668 1317. REHABILITATION SCHEME

A teacher representative submitted a report from the DTJNC (previously circulated) regarding the Denbighshire County Council Employee Ill Health Policy and Procedure Policy and Guidance for Management of Sickness Absence, Rehabilitation, Re-deployment and Ill-Health Retirement. Particular reference was made to the phased re-introduction to work of teachers after sickness absence. Teacher Unions had requested that the Council accept that the phased rehabilitation back into work should be a right of all teachers and that the County Council finance the rehabilitation scheme.

The Head of Strategy and Resources addressed the Committee in response to the report and explained that schools held delegated funds for all employee costs including supply teachers and teachers salaries. Members were informed that the funding of phased re-introduction to work of teachers after sickness absence would need to be allocated from that source. She explained that teachers on a programme of phased reintroduction to work were entitled to a full salary irrespective of the number of hours actually worked. Subsequently, additional funding was required for the provision of a supply teacher to cover the remaining contracted hours and duties of the said employee.

Although the Head of Strategy and Resources fully supported the teacher unions recommendations as contained within the report she indicated that if the County were to finance the scheme the schools delegated budget would need to be top sliced and the funding for the scheme held centrally. She suggested that the issue be identified as a budget pressure for next years budget and a fund held centrally to finance the scheme.

At the invitation of the Chair the Occupational Health Manager confirmed that there was a clear benefit in providing a scheme for phased re-introduction to work and in response to a Members question indicated that on average the scheme was applicable to approximately two teachers per month costing £1100 on an average salary basis.

A teacher representative indicated his agreement that the scheme be identified as a budget pressure and confirmed that the teachers side did not wish for funding to be procured from existing budgets but for the scheme to be identified as an additional cost.

It was proposed and seconded that the Teacher Unions meet with the Director of Lifelong Learning; the Council’s Finance Officers; Lead Cabinet Member for Finance and the Lead Cabinet Member for Education to discuss the funding for the phased re-introduction to work of teachers. It was subsequently:-

RESOLVED ACCORDINGLY.

1318. CAPITAL PROGRAMME - THREE YEARS

The Corporate Director Lifelong Learning, with the aid of an overhead projector, presented a verbal report regarding the Capital Programme for Education over the next three years and provided members with details of the traditional capital funding allocation for the County; the New Deal Scheme; additional NAfW capital funding and revenue funding.

Members took the opportunity to raise questions with the Corporate Director and in particular referred to: maintenance projects for schools; replacement of mobile classrooms and leasing arrangements; PFI schemes for schools; improvements in working conditions; asset management plans; capital receipts and Best Value.

RESOLVED that the verbal report by the Corporate Director Lifelong Learning be received and noted.

1319. HEALTH AND SAFETY - LACK OF PERSONNEL

The Principal Personnel Officer addressed the Committee and presented a verbal report updating members on the staffing levels of the Council’s Corporate Health and Safety team and provided background information and a brief summary of the progress to date covering the initial interim arrangements and the recruitment process. Members were informed that in addition to the current interim arrangements external consultants had been engaged to provide professional support. He 669 emphasised the employers’ Health and Safety responsibilities and reference was made to the impact of the Human Rights Act and the New Safety Bill on safety policies.

During the ensuing discussion members referred to the need for good working practices to be established regarding health and safety issues and expressed concern regarding the lack of personnel in that area and the subsequent impact on the corporate provision of health and safety. Members felt reassured by the verbal report from the Principal Personnel Officer regarding those measures being taken to improve the situation and to address and prioritise current safety issues and referred to the need to ensure that a high standard of health and safety policies and procedures were achieved.

RESOLVED that the verbal report by the Principal Personnel Officer be received and noted.

The meeting concluded at 12.10 p.m.

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670 CHILDRENS AND RESIDENTIAL CARE HOMES PANEL

Minutes of a meeting of the Childrens and Residential Care Homes Panel held in the Council Chamber, Town Hall, Ruthin on Thursday, 5th April, 2001 at 10.00 a.m.

PRESENT

Councillors A.E. Fletcher-Williams (Chair), K.N. Hawkins, J.R. Hughes, N.J. Hughes, M.M. Jones, P.M. Jones, J.S. Kerfoot-Davies and A.J. Tobin.

ALSO PRESENT

Head of the Registration and Inspection Unit, Social Services Solicitor and other officers including Administrative Officer (C.I. Williams).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J. Butterfield and P. Dobb.

1320. MINUTES

A copy of the Minutes of the meeting of the Childrens and Residential Care Homes Panel held on Thursday 1st March, 2001 had been circulated with the papers for the meeting.

Matters arising:-

6. (i) Plas Melyd, 16 Ffordd Tanrhallt, Meliden, Prestatyn - Members were informed that the work in question work now been completed to a satisfactory standard.

1321. URGENT ITEMS

(i) Glen Devon, 2-4 The Grove, Rhyl. (ii) Llanrhaeadr Hall, Llanrhaeadr, Denbigh. (iii) Mrs Linda Perrin, 28 Diane Drive, Rhyl.

1322. EXCLUSION OF PRESS AND PUBLIC

1323. REGISTRATION OF SMALL HOMES

The Director of Social Services submitted reports (previously circulated) upon:-

(i) 76 Marion Road, Prestatyn - Application for a variation of registration for an increase in numbers from one to two persons and to include either persons with a learning disability, or elderly persons or persons with a mental disorder.

RESOLVED that the application be approved and a revised Certificate of registration be issued.

671 1324. REGISTRATION OF PRIVATE AND VOLUNTARY REGISTERED HOMES - REGISTERED HOMES ACT 1984

The Director of Social Services submitted reports (previously circulated) upon:-

(i) Clive House, 35 The Avenue, Woodland Park, Prestatyn - Application for a variation of registration for an increase in numbers from 9 to 14 elderly people, one person to be under 65 years of age, with a corresponding decrease in the nursing places. (Dual registration with the Health Authority).

RESOLVED that the application be approved and a revised Certificate of registration be issued.

(ii) Glen Devon, 2-4 The Grove, Rhyl - Application for approval for a reduction in the registered numbers to six elderly persons and ten elderly persons with a mental disorder.

RESOLVED that the application be approved and a revised Certificate of registration be issued.

(iii) Llanrhaeadr Hall, Llanrhaeadr, Denbigh - Application by Ellow Limited for an increase in numbers from 9 to 11 Older Persons with a corresponding decrease in nursing places. (Dual registration with the Health Authority).

RESOLVED that the application be approved and a revised Certificate of registration be issued.

1325. CHILDMINDERS, NURSERIES AND PLAYGROUP APPLICATIONS AND CHANGE OF CONDITIONS

The Director of Social Services submitted reports (previously circulated) upon:-

(i) the Committee of Llanferres Holiday Club, Llanferres Community Hall, LLanferres School, Llanferres - Application for approval to register a full day care provision for 16 children in the school hall and the activity room of Llanferres Village Hall, Llanferres.

RESOLVED that the application be approved and a revised Certificate of Registration be issued with the following additional requirements:-

(a) `the registered person(s) comply with the Denbighshire Minimum Standards for full day care, as presented within the most recent `Full Day Care' booklet', and

(b) `that children attending are in full time education'.

(ii) Mrs. Nerys Jones and Mrs. Bethan Williams, 1 Brynhyfryd Cottage, The Green, Denbigh - Application for approval of Registration for a maximum of 6 children under the age of 8 of which, no more than 6 should be under the age of 5 years. When one person is present, there should be a maximum of 6 children under the age of 8 of which, no more than 4 should be under the age of 5 years. (numbers to include own children and grandchildren under the age of eight years).

RESOLVED that the application be approved and a Certificate of Registration issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire Minimum Standards for Childminding, as presented within the most recent`Childminding' booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the owner.

672 (iii) Mrs. Jean Jones and Mr. William Pierce, 16 Ffordd Celyn, Denbigh - Application for a variation of Registration to include Miss. Suzannah Jayne Jones on the Certificate of Registration.

RESOLVED that the application be approved and a revised Certificate of Registration issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire Minimum Standards for Childminding, as presented within the most recent`Childminding' booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the owner.

(iv) Mrs. Tessa Fitton-Carpenter and Mr. Ian Fitton- Carpenter, Noah's Ark, Abbey Cottage, Abbey Road, Denbigh - Application for approval of Registration for a maximum of 6 children under the age of 8 of which, no more than 3 should be under the age of 5 years (numbers to include own children and grandchildren under the age of eight years).

RESOLVED that the application be approved and a Certificate of Registration issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire Minimum Standards for Childminding, as presented within the most recent `Childminding' booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the owner.

(v) Mrs. Bernadine Barnett and Ms. Claire Perris, 5 Victoria Park Avenue, Prestatyn - Application for approval of Registration for a maximum of 6 children under the age of 8 of which, no more than 3 should be under the age of 5 years. (numbers to include own children and grandchildren under the age of eight years).

RESOLVED that the application be approved and a Certificate of Registration issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire Minimum Standards for Childminding, as presented within the most recent `Childminding' booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the owner.

(vi) Mrs. Linda Perrin, 28 Diane Drive, Rhyl - Application for approval for a variation of Registration for a change of address and an increase in numbers for a maximum of 6 children under the age of 8 of which, no more than 4 should be under the age of 5 years (numbers to include own children and grandchildren under the age of eight years).

RESOLVED that the application be approved and a revised Certificate of Registration issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire Minimum Standards for Childminding, as presented within the most recent `Childminding' booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the owner.

The Chair informed Members that she had received correspondence from Councillor J. Butterfield which questioned the possible increase in costs for the provision of the service following the implementation of the centralisation of the Registration and Inspection Unit.

The Head of the Registration and Inspection Unit explained that the financial implications of the reorganisation were currently unclear. However, he considered that an increase in costs to the Authority could be anticipated.

673 In response to a question from Members, the Officers agreed that details of the current costs could be circulated to Members.

Meeting ended:- 10.35 a.m.

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674 RESOURCES POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of a Special Meeting of the Resources Policy Review and Scrutiny Committee held in the Independent Group Room, Ruthin on Monday, 9th April 2001 at 2.00p.m.

PRESENT

Councillors W.G. Thomas (Chairman), S. Drew, K.N. Hawkins, R.E. Jones, G. Williams and P.O. Williams.

ALSO PRESENT

Corporate Director - Resources, Financial Controller, Head of Internal Audit, Administration Services Manager and Administration Officer (W.J. Harness).

1326. REVENUE SERVICES

The meeting commenced in Part I with the Corporate Director - Resources reminding Members that discussions had previously taken place on the performance of the Revenues function, particularly in relation to delays in processing Benefit claims. Certain actions had subsequently been taken to address these delays which had resulted in the backlog being significantly reduced.

The Corporate Director went on to say that it had, however, become apparent that difficulties within the Revenues function were more extensive than previously identified. There had been particular concerns surrounding the collection of debts and the lack of financial controls with the biggest individual financial risk to the Council being the failure to pay sufficient attention to the collection of outstanding debts.

In an endeavour to address those issues a two phase recovery strategy had been proposed. The immediate priority had been to address issues that threatened the financial standing and public perception of the authority. The second phase involved a wide-ranging review and included remedial action including that arising from the Best Value Review of Housing Rents.

The Lead Member for Finance had submitted a report to Cabinet on 22nd March in which she had sought, and obtained, approval to the Recovery Plan as outlined and for delegated authority to be given to the Corporate Director to address the issues in line with the Plan. Authority to externally recruit additional permanent staff as considered necessary had also been given.

The Corporate Director informed Members that it was now essential to demonstrate to the Council that the additional funding approved by Cabinet was being used effectively. Hence the suggested monthly progress reports to the Resources Policy Review and Scrutiny Committee which should show a gradually improving position.

During the ensuing discussion Members considered in general terms the delays in paying benefits, problems that had occurred with the introduction of the new computer system and the problems in connection with the collection of debts that currently existed within the Revenue services.

At this point in the meeting it was -

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded from the meeting on the grounds that the following discussion involved the likely disclosure of exempt information as defined in Paragraphs 1 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972.

A confidential joint report by the Financial Controller and Head of Revenues was tabled which advised Members of the latest position regarding the work of the Revenues Division including sums due to the Council and recovery actions being taken. Also included within the report was the current position regarding benefits.

The Financial Controller subsequently highlighted the main points within the joint report following which Members raised, and received responses to, the following specific matters -

675 (i) the statutory criteria relating to the payment of benefits;

(ii) the need to establish a system of checks and balances in relation to rent collection;

(iii) the question of employing the appropriate number of staff to undertake the work required;

(iv) the measures that would be put in place to reduce the housing rent arrears and improve the method of rent collection in the future. Members urged that there be inter agency involvement in relation to future rent collection and payment of rent arrears in an endeavour to ensure that such payments by tenants did not raise costs elsewhere;

(v) that the current level of staffing within the Revenue Services would be protected through the duration of the recovery process;

(vi) the Authority’s financial position should the Council house stock be transferred to another organisation;

(vii) the underlying reasons, if any, as to why the work within the Revenue Services was not being coped with and if there proved to be a need to employ additional staff, who would be responsible for their training;

(viii) in relation to general debtors, the desire to encourage Directorates to bill on a regular basis as opposed to at year end;

(ix) the mechanics of the penalty system used in the non payment of bills within the specified time;

(x) that an analysis of the current outstanding general debts be provided for Members’ consideration at their next meeting, and

(xi) that the staff within the Revenue Services be congratulated on the work they had undertaken over the past few months to reduce the backlog of claims within the Section.

At this point in the meeting Members adjourned for a five minute comfort break resuming at 3.35p.m.

The Financial Controller circulated to Members the proposed Revenues Action Plan which had initially been drawn up by the Authority’s Internal Audit and subsequently discussed by an internal group of officers. Mr. Parry indicated that it was the intention to produce a more appropriate list of actions to be monitored by the Resources Scrutiny Committee Members, based on this Action Plan.

The Financial Controller subsequently highlighted the proposed actions within the Plan - many of which addressed concerns expressed by Members earlier in the meeting.

With regard to those proposed actions relating to the appointment of additional staff, the Financial Controller reported that an advertisement had been released which sought applicants for a range of vacancies in the Revenue Services section.

In relation to the checks by Internal Audit to review the quality of assessment of benefit claims as proposed within the Revenues Action Plan, the Committee were made aware that additional audits in this area meant that audits of other services were being delayed. Councillor G. Williams expressed concern at the additional pressure that may be placed on Internal Audit staff in relation to this proposed action and asked that the Committee be notified if staff were being unduly pressurised.

Councillor G. Williams subsequently extended the Committee’s thanks to those officers involved in the preparation of the Action Plan.

Members then considered a date for their next meeting. Whilst the 2nd May had been scheduled, all concerned felt that this did not give officers sufficient time to put into place their Action Plan in relation to the Revenue Services before reporting back on progress. Both the 31st May and 26th June were still diaried for special meetings of the Resources Scrutiny Committee and it was agreed that the timing of a progress report back to Members be left with the Officers involved. 676 RESOLVED that -

(a) the confidential joint report by the Financial Controller and Head of Revenues be accepted;

(b) the Revenues Action Plan be noted;

(c) an analysis of the current outstanding general debts be provided for the Resources Scrutiny Committee Members’ consideration at their next meeting;

(ch) the staff within the Revenue Services be congratulated on the work they had undertaken over the past few months to reduce the backlog of claims within the Section, and

(d) officers submit a progress report to the Resources Scrutiny Committee meeting on either the 31st May or the 26th June, whichever was considered the most appropriate.

The meeting concluded at 4.30p.m.

677 LICENSING PANEL

Minutes of the meeting of the Licensing Panel held in the Council Chamber, Ty Nant, Nant Hall Road, Prestatyn, on Tuesday, 10th April, 2001 at 10.00 a.m.

PRESENT

Councillors P.J. Williams (Chair), M.Ll. Davies, P.A. Dobb, A.E. Fletcher-Williams, I.M. German, D. Jones, T.M. Parry and P.O. Williams.

ALSO PRESENT

Public Protection Manager, Assistant Solicitor (A. Walsh) and Administration Officer (K.E. Jones).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J. Butterfield and A.J. Tobin

1327. URGENT MATTER

In accordance with the requirements of Section 100B(4) of the Local Government Act 1972, the Chairman declared that he intended to include for discussion the following matter requiring urgent attention:-

Rural Hackney Carriages (Taxis) - Regulation and Enforcement

(The Chairman indicated his consent to consider this item before any other business).

The Chair referred to a letter (circulated at the meeting) from a number of Rhyl Hackney Carriage proprietors claiming that Rural Hackney Carriages were operating illegally in the licensing zone of Rhyl and expressing their concerns regarding the lack of regulation and enforcement from the Council regarding that issue.

The Public Protection Manager addressed the Committee and indicated that he had recently met with the Rhyl Taxi Association who had raised concerns regarding the unlimited number of rural licences available for issue and the subsequent alleged illegal plying for hire of Rural Hackney Carriages within the Rhyl area. He informed Members that prior to local government reorganisation the former Rhuddlan Borough Council restricted the number of Rural Hackney Carriage Licences available for issue but since Denbighshire’s inception there had been no imposition of numerical limits in those areas.

During the ensuing debate Members expressed concern over the contents of the letter and the points raised by the Rhyl Taxi Association; the apparent misuse of licensed Rural Hackney Carriages and the subsequent effect on those licensed Rhyl Hackney Carriage proprietors; and felt that the issue needed to be resolved as a matter of urgency.

Members took the opportunity to put questions to the Public Protection Manager regarding the regulation and enforcement of Rural Hackney Carriages and particularly referred to the issue of providing wheelchair accessible vehicles; the procedures for dealing with contraventions of licensing legislation and the suspension and revocation of licences. The Public Protection Manager explained the difficulty in the enforcement and policing of such illegal operations and reported that two licensed drivers had recently been cautioned for the offence of illegally plying for hire. Members felt that drivers found illegally plying for hire should be prosecuted and resolved that any future cases of illegal operation should result in prosecution.

It was proposed and seconded that the Officers be requested to submit a report to the next meeting of the Panel regarding the licensing of Rural Hackney Carriages and the legal implications involved in restricting the number of licences available for issue, and pending Members consideration of the said report, no further Rural Hackney Carriage Licences be issued. Upon being put to the vote it was:-

RESOLVED ACCORDINGLY.

678 1328. HACKNEY CARRIAGE LICENSING - RHYL AND PRESTATYN HACKNEY CARRIAGE LICENCES

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

(i) setting the numerical limit for the number of hackney carriage licences available for issue in the licensing zones of Rhyl and Prestatyn in the light of an independent Taxi Demand Survey;

(ii) referred to the number of hackney carriage licences currently available for issue in the Rhyl and Prestatyn areas:-

Rhyl - 40 (increased to 50 from May to September) Prestatyn - 10 (increased to 12 from May to September);

(iii) the Public Protection and Licensing Sub-Committee held on 23rd December, 1998 having been advised that the Department of Environment Transport and Regions had decided not to change the law in respect of quantity controls for taxis and local authorities could continue to restrict taxi numbers provided they were satisfied that there was no significant unmet demand;

(iv) the Transport Act 1985 having provided that local authorities could only refuse applications if satisfied that there existed no significant unmet demand;

(v) the Licensing Panel held on 11th April, 2000 having resolved to maintain the existing numerical limits placed on the licensing zones of Rhyl (40 full time plus 10 seasonal) and Prestatyn (10 full time plus 2 seasonal);

(vi) the Licensing Panel held on 5th July, 2000 and 3rd October, 2000 having resolved to defer consideration of applications for new hackney carriage licences pending an independent survey to assess the existence of any significant unmet demand;

(vii) the Licensing Panel held on 14th February, 2001 having received the findings of the survey undertaken by KNW International Marketing (attached to the report) showing there was no significant unmet demand for taxis in the Rhyl and Prestatyn areas;

(viii) referred to the action arising from the report carried out by the Head of Public Protection and Regulatory Services and the Licensing staff;

(ix) schedules 1-2 (attached to the report) detailing applications received for the renewal of existing hackney carriage licences for the Rhyl and Prestatyn areas;

(x) schedule 3 (attached to the report) detailing applications for new licences for the Rhyl and Prestatyn areas, previously deferred by the Licensing Panel held on 5th July, 2000 and 3rd October, 2000 pending the survey to assess whether there was an unmet demand for taxis in those areas, and

(xi) his recommendations.

In response to a Member’s question the Public Protection Manager confirmed that the Council’s fees for hackney carriage licences were the same for each licensing zone but indicated that in view of the numerical limits of licences available for issue in the Rhyl and Prestatyn areas those licences had a market value.

RESOLVED that:-

(a) on the basis of the survey and report by KNW International Marketing the Council reaffirm the existing numerical limits in the licensing zones of Rhyl (40 full time plus 10 seasonal) and Prestatyn (10 full time plus 2 seasonal);

679 (b) the under mentioned applications for renewal of existing hackney carriage licences be granted subject to payment of the appropriate fee and satisfactory test reports upon the condition and suitability of all vehicles to be produced within fourteen days, any licences not so taken up referred to the Panel for further consideration:-

Rhyl - 40 full time (01.04.2001 - 31.03.2002)

Applicant No. of Licences

R. Beckett & M. Beckett 4 D.K. Bell 1 R.G. Bennett 1 P.F. Bugg 1 A. Butters 2 D. Butters 2 R.G. Carter & K.L. Carter 2 M.K. Cook 1 J. Dean 1 K.G. Duff 1 G.T. Foulkes 1 C.I. Handley 1 R.D. Harcourt 1 H.W. Horspool 1 G.B. Jones 1 M. Jones 2 P.F. Lessiter 1 W.D. Lloyd 1 J. McBride 1 K. Moss 1 K. Moss & C.A. Moss 1 D. Murray 1 C.F. Poscha 1 C. Ratcliffe 1 B.T. Simmons 2 J.A. Smith 3 J.S. Thomas 1 C. Williams 1 R.K. Williams 1 M.E. Wood 1

Rhyl - 10 seasonal (01.05.2001 - 30.09.2001)

Applicant No. of Licences

R. Beckett & M. Beckett 1 P. Bennett 1 K.G. Duff 1 E. Hankey & C. Pugh 1 H. Jones & G. Mellor 2 M. Jones 1 B.T. Simmons 1 R. Walton & D. Whitby 1 D.J. Wright 1

Prestatyn - 10 full time (01.04.2001 - 31.03.2002)

Applicant No. of Licences

M.A. Clapham 1 S.A. Millar 2 P.D. Roberts 7

680 Prestatyn - 2 seasonal (01.05.2001 - 30.09.2002)

Applicant No. of Licences

P.D. Roberts 2

(c) consequent on the decision to grant renewal of the 40 full time and 10 seasonal licences in Rhyl and the 10 full time and 2 seasonal licences in Prestatyn and the exisiting policy on numerical limits as referred to above, the applications for the grant of new Rhyl and Prestatyn hackney carriages licences as detailed within schedule 3 be refused, and

(ch) the Head of Public Protection and Regulatory Services and in his absence the Public Protection Manager be authorised to take appropriate action, including court proceedings in the event of breaches of the bye-laws or general legislation relating to any of the licensing matters within the jurisdiction of this meeting, including plying for hire or operating without a licence.

1329. LATE NIGHT REFRESHMENT HOUSES ACT 1969

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

(i) a schedule of applications received for renewal of Late Night Refreshment House Licences which expired on 31st March, 2001;

(ii) the Late Night Refreshment Houses Act 1969 requiring those premises kept open for public refreshment, resort and entertainment at any time between the hours of 10.00 p.m. and 5.00 a.m. to hold an annual licence;

(iii) referred to the Council’s policy whereby the latest hour for keeping open a late night refreshment house was 1.00 a.m.;

(iv) the North Wales Police and the Council’s Public Protection Department having raised no objection to the applications, and

(v) his recommendation.

A Member expressed concern regarding the litter left by those customers outside such premises and felt that the customers should be instructed to dispose of food containers in a proper manner. The Chairman advised that it was not the responsibility of the proprietors of such premises to ensure that their customers disposed of food containers appropriately.

RESOLVED that in accordance with the Head of Public Protection and Regulatory Services recommendation the following applications for renewal of Late Night Refreshment House Licences be granted for the period 1st April, 2001 to 31st March, 2002 in accordance with the policy limiting the closure hours to 1.00 a.m.:-

- Kentucky Fried Chicken, 29 Wellington Road, Rhyl - McDonalds, High Street, Rhyl - Neel Akash, 33-35 Bodfor Street, Rhyl - Peking Chinese Restaurant, 20-22 Bodfor Street, Rhyl - Rhyl Amusements, 102 West Parade, Rhyl - Sun Sun Chinese Restaurant, 88-90 Coast Road, Rhyl - The Godfather, 28 Queen Street, Rhyl - Yeung Sing Chinese Restaurant, 133 Wellington Road, Rhyl

1330. FORESHORE PERMITS

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

681 (i) a schedule of applications received for the renewal of foreshore permits in respect of vessels picking up and setting down passengers on the Councils’ foreshore;

(ii) referred to the requirements of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Act 1993 and its impact on the responsibility of the enforcement function of licences in respect of sport fishing and round the bay pleasure craft trips, and

(iii) his recommendation.

The Public Protection Manager addressed the Committee and informed Members that he had received a complaint from a number of applicants regarding the poor condition of the Council’s landing jetty. The applicants had indicated their intention to withhold the licence fee payable for the foreshore permit until the situation had been addressed. Consequently the Council’s Health and Safety Officer had been requested to inspect the jetty and to prepare a report regarding its condition and details of any repair works required. The Chair further advised that the landing stage had eroded underneath and was in danger of collapse.

During the ensuing discussion Members expressed concern regarding the state of disrepair of the jetty and felt that on health and safety grounds the jetty should not be used to pick up and set down passengers until the necessary repair works as identified by the Council’s Health and Safety Officer had been carried out. It was suggested that foreshore permit holders use the Quay Street steps as an alternative point for picking up and setting down passengers until the completion of any necessary repair works.

In response to a Member’s question the Public Protection Manager confirmed that the income from the foreshore licence fees would not cover the cost of repairs.

RESOLVED that:-

(a) in accordance with the Head of Public Protection and Regulatory Services’s recommendation the foreshore rights be granted to the following applicants for the use of the Council’s facilities subject to the prohibition of use of the Council’s landing jetty until the necessary repair works as identified by the Health and Safety Officer had been carried out; payment of the appropriate fees and compliance with relevant conditions:-

Applicant Vessel

P.H. Campini My Way P.H. Campini Striker R.P. Davies Merlin J.P. Davies Sea Gem II G.E. Hughes Osprey K.A. Parry Jensen A. Tinsley St. Claire

(b) a copy of the Council’s Health and Safety Officer’s inspection report be circulated to all Members of the Panel for information.

At this juncture and at the invitation of the Chair, Mr. Neil Taylor, Solicitor addressed the Panel and informed Members that he was in attendance at the meeting on behalf of Caskeys application for a public entertainment licence. He indicated that an Officer from the Council’s Licensing Section had informed him that the application was to be considered by the Council’s Licensing Panel to be held on 10th April, 2001. The Chair informed Mr. Taylor that Caskeys application was not listed as an item on the agenda and Members had not been provided with any information regarding the application, consequently Members were not in a position to consider the application. The Chair advised Mr. Taylor that the Officers would look into the matter and apologised to Mr. Taylor for any inconvenience caused.

The meeting concluded at 10.45 a.m.

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682 CABINET

Minutes of the meeting of the Special Cabinet held in the Assembly Rooms, Town Hall, Ruthin on Wednesday 11th April, 2001 at 10.00 a.m.

PRESENT

Councillors E.C. Edwards (Leader), I.M. German, D.M. Holder, R.W. Hughes, G.M. Kensler, D.M. Morris, A.E. Roberts, W.R. Webb, K.E. Wells and E.W. Williams.

Observers - Councillors P.A. Dobb and P.O. Williams.

ALSO PRESENT

Deputy Chief Executive, Assistant Chief Executive: Strategy, Corporate Director: Resources, Financial Controller.

APOLOGIES

Apologies were received from Councillor E.A. Owens.

1331. URGENT MATTERS

There were no urgent matters.

1332. FOOT AND MOUTH DISEASE

Councillor D.M. Morris, the Lead Cabinet Member for the Environment presented the report which was circulated at the meeting and also supplementary guidance from the National Assembly providing information on the latest Assembly Order which enabled local authorities selectively to lift restrictions on access to land, footpaths and rights of way. Members were asked to consider identified areas within Denbighshire which could be opened up to the public if they met the criteria laid down in the risk assessments carried out by the Head of Public Protection and Regulatory Services.

The Head of Public Protection and Regulatory Services said he had discussed with the NFU, FUW, CCW and CLA the opening up of various areas within Denbighshire. He spoke of a CLA meeting he had attended at Caernarfon which was particularly concerned about the balance of tourism businesses and farming.

Councillor K.E. Wells said he wished to reiterate his views at the last Cabinet meeting, the County was free of disease and the objective was for the area to maintain its disease free status. If parts of the County were open a mixed message could be given to the public which could inadvertently change matters.

Councillor I.M. German said Denbighshire had been fortunate not to have an outbreak of Foot and Mouth within the County but this was mainly because of the precautions taken by the Council and community.

Councillor E.W. Williams asked whether any businesses had been monitored for losses sustained in the tourism industry. If there were only few losses, was there a need to change. The Head of Public Protection and Regulatory Services said they were unable to provide figures for any losses which may have been sustained as a result of the national outbreak of Foot and Mouth Disease.

Councillor D.M. Holder said he had not received many serious complaints regarding the closure of paths etc and he would prefer the restrictions to remain in force.

Councillor E.W. Williams and Councillor W.R. Webb raised the question as to whether they needed to formally declare an interest given that they are members of the farming community. It was agreed that their interests were not such that they should be excluded from the debate or the vote. The Deputy

684 Chief Executive said some Members may have agricultural interests but to deny their contribution would impoverish the debate.

The Head of Public Protection and Regulatory Services gave a presentation on various sites within Denbighshire. In particular, two sites at Loggerheads were looked at in detail which were deemed to be low risk. Disinfected straw mats would be provided at the access points if the sites were to be opened to the public and an increase in warden numbers would be required. Flintshire County Council would to open the site if Denbighshire had agreement to open.

Councillor W.R. Webb suggested if it was decided not to open Loggerheads Park there would be no need to look in detail at the other sites within the County.

Councillor I.M. German suggested that Cabinet should review the situation in two weeks. Councillor W.R. Webb suggested that to change the rules now would provide a bigger risk and the time to change would be when the number of new cases being reported nationally was decreasing.

Councillor E.W. Williams asked that the Foot and Mouth Disease issue be agendered at every Cabinet, to which Members agreed.

All Members agreed to defer the opening of any sites within Denbighshire.

The Financial Controller presented a supplementary WLGA Foot and Mouth: Support for Business paper (circulated at the meeting) regarding grant aid of £12m to Councils in Wales to help provide financial assistance to businesses adversely affected by the outbreak of Foot and Mouth Disease. The grant aid covered the period 1 April to 30 June 2001 and amounted to £880k for Denbighshire and could be used for giving assistance under any existing Council powers. Furthermore Section 2 of the new Local Government Act 2000 included a power to give financial assistance to any person(the well-being power). The Financial Controller said the impact of the new Section 2 Local Government Act 2000 needed to be investigated with a report back to the next Cabinet meeting.

Edwina Hart had agreed to trigger the Bellwin scheme in respect of the costs that Councils have incurred as a result of the outbreak e.g. in imposing and monitoring control on access, provision of disinfectant etc. Denbighshire have been registered for the scheme.

Councillor R.W. Hughes said tourism publicity is critical and asked whether the new money could be used to promote business. The Financial Controller said clarification would be required.

Councillor G.M. Kensler asked about the 30 June 2001 timescale and said it was a short time for individuals and businesses to provide any documentation which would be required for grant to be paid. The Financial Controller said criteria for demonstrating hardship is in place. He also said that the position will be reviewed in June 2001 and it was possible that any underspend of grants would be included in a further scheme.

A brief discussion on the rural rate relief followed.

RESOLVED that Members agreed:-

(a) that the restrictions within Denbighshire remain in place for the time being, although this would be reviewed at every Cabinet meeting, and

(b) the Head of Public Protection and Regulatory Services to provide a verbal report at the Cabinet meeting to be held on 19 April 2001 with a full report provided at the Cabinet meeting to be held on 1 May 2001.

The meeting concluded at 11.00 a.m.

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685

CORPORATE HEALTH, SAFETY & WELFARE PANEL

Minutes of a meeting of the Corporate Health, Safety and Welfare Panel held in the Council Chamber, Council Offices, Rhyl on Tuesday 17th April 2001at 10.00 a.m.

PRESENT

EMPLOYERS SIDE

Councillors I.M. German (Observer), M.A. German, K.N. Hawkins, D. Jones, D.A. Thomas, A.J. Tobin, G. Williams and P.O. Williams.

EMPLOYEES SIDE

D.T.J.N.C. - Trefor Jones T.G.W.U. - D. C. Edwards UNISON - R. Stevens

ALSO PRESENT

Head of Personnel, Principal Personnel Officer, Occupational Health Manager, County Safety Officer, Head of Internal Audit, Administration Services Manager, Administrative Officer and Directorate Health and Safety officer representatives.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Messrs J. Thirsk (Chair), D. Hughes, N. Hobson and J. Williams.

1333. CHAIR

In the absence of the Chair, the Vice-Chair, Councillor P.O. Williams presided over the meeting.

1334. URGENT ITEMS

In accordance with the requirements of Section 100B (4) of the Local Government Act, 1972, the Chair declared that he intended to include for discussion, the following item requiring urgent attention:-

Office accommodation - Caledfryn, Denbigh

1335. MINUTES

The minutes of the meeting held on 9th January 2001 (previously circulated) were submitted for consideration.

RESOLVED that the minutes of the meeting held on 9th January 2001 be received.

Matters arising :-

Minute 627 [Management of Health & Safety Assessment risks]

The County Safety Officer circulated copies of responses received from three Directorates (Resources, Lifelong Learning and Environment) providing details of their methods of risk assessment.

Minute No. 2 [Training for Competency in Occupational Safety]

Mr. Trefor Jones reported that his pursuance of this issue had highlighted the fact that Denbighshire was ahead of other local authorities in terms of its commitment to health and safety training. Unfortunately, officers in the Assembly had failed to recognise the importance of sustaining this commitment and their lack of awareness meant that funding was difficult to secure. Mr. Jones was 686

concerned that, without the necessary funding, the time and effort already invested would become valueless. He suggested that approaches be made to all the local authorities in Wales to enquire as to how they funded and supported their health and safety training agenda and that, if necessary, further representations be made to the appropriate Assembly officers .

RESOLVED that the Panel supports the action proposed by the D.T.J.N.C. representative.

Minute no. 3 [Workplace Health Strategy]

Councillor G. Williams referred to a proposal he made at a meeting of the Panel approximately eighteen months previously regarding the need for stress risk assessments to be prepared on employees working in departments where posts were deleted. The Administrative Services Manager agreed to investigate whether this had been actioned within Directorates.

Minute No. 5 [Mediation training]

The Head of Personnel reported that arrangements were being made to organise the required training.

Minute No. 6 [Health & Safety Training - Objective 1]

The County Safety Officer reported that this training was being pursued with a second course scheduled for April/May 2001. Certificates for those who had attended the first course in November 2000 had been received and suitable publicity would be arranged when they were to be presented to the successful officers. Members discussed the advantages in establishing a co-ordinated approach to health and safety training whereby all staff were made aware of the courses available and records kept of staff attending such courses.

Minute No. 8 [Health & Safety statistics]

The Head of Personnel advised that, although no figures were available for circulation at today’s meeting, work was progressing on the introduction of a new software system which would provide access to statistical health and safety data across all Directorates.

1336. MINUTES OF RISK MANAGEMENT GROUP AND DIRECTORATE HEALTH & SAFETY COMMITTEES

Minutes of recent meetings of the Risk Management Group and Directorate Health & Safety Committees were submitted for information.

Mr. T. Jones expressed his appreciation for the help the Lifelong Learning Health and Safety Committee had received from officers in other Directorates. With reference to his Directorate’s minutes, Mr. Jones referred to the need to provide safety jackets for employees involved in the management of transport in schools. Members agreed that this should be raised at the next Risk Management Group meeting with the endorsement of the Panel.

The Administrative Services Manager explained that inaugural meetings of the new Directorate Health & Safety meetings had now been held and officers had been asked to schedule future meetings to fit into the quarterly timetable of Corporate Panel meetings. He further reported that the County Clerk’s department would be forming its own Health and Safety Committee and the minutes of the first meeting would be submitted to the next Panel meeting in July 2001.

RESOLVED that:-

(a) the minutes of meetings of the Risk Management Group and Directorate Health & Safety committees be received, and

(b) the Risk Management Group be requested to consider favourably the request from the Lifelong Learning Health, Safety and Welfare Committee for the provision of safety jackets for employees involved in the management of transport in schools.

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1337. PRESENTATION BY INTEC

The Head of Internal Audit referred to the inter-departmental Sub-Group which had been set up to progress the ‘at risk’ register across the Authority. The Sub-Group had now held its first meeting and had acknowledged the need to utilise a computerised system for the ‘at risk’ register. Consequently, Mr. Paul Taylor of Intec had been invited to demonstrate a computerised staff protection register system, known as Incheck.

Mr. Taylor highlighted the benefits of establishing a corporate register and explained how the system operated and the type of data which could be inputted. He explained that it was important to identify a systems administrative officer to take ownership in respect of the monitoring and controlling of hazard and access levels.

In responding to questions, Mr. Taylor advised that five Local Authorities had installed the software and he agreed to provide details of sites should members wish to contact users regarding the implementation of the system.

RESOLVED that Mr. Taylor be thanked for his presentation and that further details on the Intec software and other similar systems be submitted to the next meeting of the Panel.

At this juncture (11.35 p.m.) the meeting adjourned for 10 minutes to allow members to partake of refreshments.

1338. STAFFING - CORPORATE HEALTH AND SAFETY

The Head of Personnel presented a report, previously circulated, outlining the staffing situation within the Corporate Health and Safety unit.

Although external advertisements for the Advisor’s post (from which it was also hoped to appoint a Safety Officer) had prompted considerable interest, no appointments had been made as several applicants had withdrawn and of the candidates interviewed, none had reached the required standard.

The report also referred to the interim arrangements, one of which was to engage external Safety Consultants to assist with safety audits and provide professional support. The Head of Personnel introduced the Head of the Consultancy, Mr. Steve Rawlings, who had recently completed a health and safety assessment at Cefndy Enterprises. Mr. Rawlings briefly referred to the assessment which had highlighted only a small number of minor deficiencies. The Head of Personnel reported that a meeting had been held with Safety Co-ordinators to collate current safety issues and a schedule of tasks would be prepared for the Consultants.

Mr. T. Jones expressed his concern at the length of time it had taken to address the staffing situation. He compared staff resources with those of similar health and safety units in neighbouring authorities and felt that one full-time safety officer could not be expected to maintain the high standards which Denbighshire had worked hard to attain. He suggested that consideration should be given to setting up health and safety post graduate courses and scholarships.

However, Councillor G. Williams felt that it was important to get the right people for the job and that the department was continuing to function well despite the temporary reduction in staff numbers. Councillor M. German paid tribute to Mrs. Lynda Owen, Safety Officer, for her willingness to take on extra responsibilities.

In response to a concern expressed by Mr. Edwards, T.G.W.U. the Head of Personnel confirmed that the engaging of external Consultants would not detrimentally affect the budgetary position.

RESOLVED that the interim arrangements as detailed in the report be noted.

1339. WORKPLACE HEALTH

The Head of Personnel and the Occupational Health Manager presented a draft discussion document, previously circulated, on a corporate strategy for workplace health. The document had received

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Council support and there was now a need to set up a sub group to manage, implement and monitor the Strategy.

Denbighshire already had a number of policies in place which had been developed and negotiated to create health promoting and supportive environments. However a proposed work programme had been drawn up to build upon the work already undertaken and to complement specific action areas.

The Occupational Health Manager gave a brief overview of the work of the Occupational Health Unit and indicated that the introduction of the Workplace Health Strategy should bring benefits to everyone in the Authority.

Members of the Panel discussed the management of sickness absence and the development of personnel policies within the Authority and some concern was expressed regarding the delays in implementing the whistleblowing policy. The Head of Personnel indicated that the Risk Management Group had provided funding for stress sessions with staff and the whistleblowing policy was still subject to consultation.

Mr. Trefor Jones expressed his appreciation to the Head of Personnel and the Occupational Health Manager for the work undertaken in preparing the document and stressed the need for the information to be communicated to all Directorates and Trade Unions.

RESOLVED that a sub group, comprising of four Employer and four Employee representatives be set up to develop the Strategy and to oversee the programme development.

1340. YSGOL PLAS BRONDYFFRYN

The County Safety Officer reported that, as a result of Objective 1 funding, Mr. T. Swann, from Deeside College had been engaged to train staff at Ysgol Plas Brondyffryn, Tir Morfa and Rhuallt Centre in restraint techniques. A meeting had been arranged with staff to discuss the types of incidents they encountered so that the training could be tailored to specific needs. The courses would be held monthly, beginning in May and it was anticipated that the training would take approximately twelve months to complete. In response to Members’ questions, the Safety Officer advised that it would be beneficial if this type of training could be extended to other schools but this would be a matter for the Lifelong Learning Directorate to determine.

Members of the Panel welcomed the progress made on this issue and discussed whether similar specialist training should be considered by teacher training colleges.

RESOLVED that:-

(a) the situation regarding the specialist training at the three schools referred to be noted, and

(b) an approach be made to the National Assembly suggesting that restraint technique training be incorporated into the curricula at teacher training colleges.

1341. INFORMATION ITEMS

The County Safety Officer submitted, for the Panel’s information, reports on the implications of:-

(i) New Safety Bill

The report referred to a recent publication on how the Government proposed to change the law on involuntary manslaughter to create a new offence of ‘corporate killing’. Although further clarification was being sought, it was anticipated that the new law would cover Local Government and that, in theory, a Councillor would have a corporate named responsibility for safety.

RESOLVED that the content of the report be noted.

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(ii) Human Rights Act on Health & Safety

The report reminded members that, as a public authority, Denbighshire County Council was subject to the provisions of the Human Rights Act 1998 which meant that it was now unlawful for public authorities to act in a way incompatible with a convention right. The report explained that, due to the uniqueness of Health and Safety legislation, potential challenges may be mounted by the use of the Human Rights Act. Some of the possible areas of challenge in connection with Health and Safety issued were detailed in the report.

RESOLVED that all Directorates review their health, safety and welfare policies and procedures to ensure that they do not present any potential challenge in the light of the Human Rights Act.

1342. CODE OF PRACTICE FOR THE SAFE OPERATION OF MINIBUSES

The County Safety Manager presented a Code of Practice which had been produced to ensure as far as possible that County Council establishments were aware of the safety, legal and operating requirements in respect of minibuses. It was designed to offer guidance in terms of operating practices and record keeping and contained contacts for further assistance and advice.

The Fleet Manager reported that, following the securement of funding from the Risk Management Group, every school had been contacted to offer driver training and to date, fourteen schools had taken up the offer.

In responding to Members’ questions on responsibilities, the Fleet Manager explained that, although the Authority was ultimately responsible, schools were asked to nominate a named contact who would convey specific instructions regarding the driver requirements. It was acknowledged that minibuses were often provided on a shared basis with outside agencies and this could lead to insurance complications. The County Safety Officer indicated that if an accident led to litigation, the Authority would be held liable if it was proved that adequate training had not been provided.

RESOLVED that

(a) the Code of Practice be endorsed and that the Corporate Director, Lifelong Learning be instructed to notify all schools of the importance of adhering to the policy,

(b) The Chair of School Governors be included in a further trawl regarding the offer of driver training, and

(c) a report be submitted to a future meeting of the Panel detailing the current arrangements regarding the shared use of minibuses.

1343. NEW AND EXPECTANT MOTHERS AT WORK

The County Safety Officer presented an employees’ guide and risk assessment report, previously circulated, concerning advice for new and expectant mothers and their Managers and Head Teachers.

In response to a Member’s question the County Safety Officer explained that the risk rating would depend on the nature of the work performed.

RESOLVED that the Guidance be endorsed.

1344. COLLECTION & SAFE DISPOSAL OF SURPLUS CHEMICAL FROM ALL AUTHORITY SITES

The County Safety Officer presented a report, previously circulated, on the need for the safe disposal of surplus chemicals from Local Authority establishments.

A pro-forma had been produced to ensure that risks associated with the collection and disposal of the chemicals could be assessed in accordance with the Control of Substances Hazardous to Health Regulations 1999 and the Carriage of Dangerous Goods by Road Regulations 1996.

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RESOLVED that the use of the pro-forma be endorsed throughout Denbighshire County Council Premises.

1345. OFFICE ACCOMMODATION - CALEDFRYN, DENBIGH

(This item was raised as an urgent item, notice having being given by the Chair at the commencement of the meeting).

The County Safety Officer reported that the Health and Safety Executive had written to the Chief Executive regarding the alleged overcrowded conditions imposed on staff following their transfer from County Hall, Mold to Caledfryn, Denbigh.

The County Safety Officer had visited the offices and had discussed the matter with the Head of Design Services. Steps were being taken to resolve the problem of insufficient space by the re-positioning of some of the filing cabinets and by moving some of the staff into the existing conference room. A reply would be sent to the Health & Safety Executive outlining these proposals with an assurance that the problem would be resolved by the end of May.

Members expressed concern that this unacceptable situation had been allowed to develop and questioned why the problem of overcrowding had not been foreseen when plans for the transfer of the staff had been drawn up.

RESOLVED that:-

(a) the situation at Caledfryn be noted with concern and that every effort be made to resolve the accommodation problems as speedily as possible, and

(b) arrangements be put in place to ensure that the health, safety and welfare of staff receives priority consideration during the planning stage of any future office accommodation transfers.

1346. HEAD OF PERSONNEL

In closing the meeting the Chair informed members that this would be the Head of Personnel’s last meeting of the Corporate Health and Safety Panel as he was retiring from the Authority at the end of the month. Members paid tribute to the work undertaken by Mr. Stephens during his time with Denbighshire and wished him well for the future.

The meeting ended at 1.10 p.m. ************

691

LOCAL JOINT CONSULTATIVE COMMITTEE

Minutes of a meeting of the Local Joint Consultative Committee held in the Council Chamber, Rhyl, on Tuesday 17th April 2001 at 2.45 p.m.

PRESENT

EMPLOYERS SIDE Councillor D.A. Thomas (Chair), Councillors K.N. Hawkins, D. Jones, F. Shaw, A.J. Tobin, C.H. Williams and G. Williams.

EMPLOYEES SIDE

UNISON - Elaine Stevens, Keith Roberts, Rick Stevens, Lynda Owen and Mike Booth (Regional Officer) T & G.W.U. - Clive Edwards

ALSO PRESENT

Head of Personnel, Principal Personnel Officer, Personnel Assistant, Administrative Services Manager and Administrative Officer (Mrs. J.V. Pring).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillor M.A. German, Messrs I. Ellison (UNISON) and D. Hughes T.G.W.U.

1347. MINUTES

The minutes of the meeting held on 17th October 2000 (previously circulated) were submitted.

Amendment to minute no. 631 para.5

Mrs. L. Owen stated that the minute should read “as some of his members had already had their posts evaluated”.

RESOLVED that subject to the amendment of minute no. 631 the minutes of the meeting held on 17th October 2001 be received.

Matters arising :-

Minute no. 290 [Flexible working, DSO Vehicle Maintenance] Mr. Clive Edwards confirmed that the flexible working arrangements had been extended and would be reviewed again in June 2001.

Minute no. 632 [Non NJC rates of pay] The Head of Personnel advised that this matter had now been resolved and the rates implemented on 1st March 2001.

Minute no. 633 [Tourism and Leisure harmonisation issues] Mr. Mike Booth reported that he was seeking a formal agreement with the Chief Executive of the Leisure Trust, the Unions and Denbighshire County Council to secure the terms and conditions of employees for the indefinite future.

1348. APPOINTMENT OF HEAD OF PERSONNEL

The Head of Personnel submitted a report, previously circulated, advising the Committee that Mrs. Linda Atkin had recently been appointed as the new Head of Personnel. It was anticipated that she would take up her appointment on, or around 25th June 2001 and it was hoped that she would attend the next meeting of the Committee in July.

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The Head of Personnel hoped that everyone would welcome Mrs. Atkin to Denbighshire and offer their full support and co-operation.

RESOLVED that the report be noted.

1349. COOKS IN CHARGE

(The agenda item on Single Status Job Evaluation [Unresolved ‘Failure to agree’], submitted by the Employees side, was considered in conjunction with this item ).

The Head of Personnel presented a report, previously circulated, detailing the background and present position in relation to the Cooks in Charge Employment Tribunal settlement.

At a meeting of the four unitary authorities (Denbighshire, Flintshire, Conwy and Wrexham) and UNISON, Wrexham County Borough Council had reported that their work on the National Job Evaluation Scheme had resulted in erratic results, indicating that the scheme was unstable. It was therefore agreed that all four Authorities would carry out a benchmarking comparison exercise using the National Scheme Greater London Employers’ Association [GLEA] and HAY to determine if there were inconsistencies in relativities.

Denbighshire had simultaneously carried out its own pay and grading for ‘manual’ employees using the HAY system and following completion, had been in a position to implement a review and meet the implementation date of 1 January 2001.

However a letter from Mr. M. Booth, the UNISON Regional Officer, dated 19 March 2001 advised the four local authorities that he had been instructed not to continue with the benchmarking exercise and that only the National Scheme was to be pursued. Furthermore Mr. Booth had advised that the matter would be referred to ACAS and the Welsh Provincial Council.

The Head of Personnel indicated that he was happy to participate in discussions with ACAS and that the Council’s Management Team had resolved to put the matter before a meeting of the Cabinet for direction.

During discussion, Councillor G. Williams commented that the Council had taken a decision to use the HAY system and, as far as he was aware, its use had not created any major problems. He felt that the Authority should proceed to implement a new pay structure using the HAY system particularly in view of the fact that ‘manual’ employees had been waiting almost five years to have their posts evaluated.

In response, Mrs. Elaine Stevens, UNISON, stated that, in her opinion, the HAY system discriminated against some female employees. Mr. Clive Edwards T.G.W.U. did not think the National Scheme had been given a chance to prove itself and that appeals from employees evaluated under HAY were still on-going.

Mr. Mike Booth (UNISON) re-iterated the advice of the National Executive that only the National Job Evaluation Scheme should be used.

After further discussion it was:-

RESOLVED that, having taken into consideration the views of the Employees’ side, the situation regarding Single Status Job Evaluation be submitted to Cabinet with a recommendation from the Employer’s side that, subject to the outcome of the ACAS discussions and the reference lodged with the Welsh Provincial Council, the pay and grading review for ‘manual’ workers using the HAY system be implemented.

1350. UNRESOLVED ‘FAILURE TO AGREE’ - ANNUAL LEAVE

Mr. Mike Booth presented a report, circulated at the meeting, which detailed the background and resolutions made at previous meetings of the L.J.C.C.

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The report stated that, despite there being a Failure to Agree, the Council had determined that, with effect from 1 April 2001, Annual Leave Protections would be unilaterally varied and this had been subsequently implemented. The normal procedure, under Failure to Agree, was that the status quo remained, pending a Joint Secretaries Visit, which, in this case, was still awaited. Consequently, in the opinion of the Trade Unions, the TUPE rights of those employees affected had been breached and they were entitled to seek a Declaration of Terms before an Employment Tribunal. The Council had not provided legal evidence to substantiate its ability to unilaterally breach TUPE conditions. Details of UNISON’s legal arguments were set out in the report and Mr. Booth confirmed UNISON’s submission as being :-

(i) the re-instatement of Annual Leave Entitlement;

(ii) the Council to provide UNISON with its definitive legal position, and

(iii) the Joint Secretaries Conciliation Hearing be convened or

(iv) the Council to review its position and determine that Annual Leave provisions, as transferred, remain intact.

The Head of Personnel stated that the decision for the unilateral variation was made on the basis that the Council had decided on an annual leave formula for Denbighshire and it was committed to the full implementation of and adherence to that policy. UNISON stated that they registered this failure to agree a minimum of two years ago but had received several postponements from the Joint Secretaries. The Head of Personnel had also been in touch with the Employers side secretary prior to Christmas to progress this issue. Whilst he was prepared to accept the Joint Secretaries decision he did not concur with UNISON’s view that the LGR Statutory Transfer Order was an exact reflection of TUPE regulations.

The Head of Personnel also stated that trade unions had campaigned for single status for many years. If the Denbighshire annual leave formula was not applied to everyone, there would be an inherent inequality in employees’ terms and conditions. The fact that Directors and Heads of Service were also subject to the Denbighshire annual leave formula demonstrated the Authority’s commitment to single status.

At this juncture the Trade Unions requested a short adjournment and left the Chamber.

On resumption of the meeting the Head of Personnel suggested that a way forward might be to maintain the status quo pending the outcome of the Joint Secretaries’ Conciliation Hearing, and that if the Hearing decided in favour of the Council, the current year (2001) would count as the first year in the phasing out of the protection. The Unions indicated their agreement to this proposal subject to receiving confirmation of the Council’s definitive legal position. This was subsequently:-

RESOLVED ACCORDINGLY.

1351. HEAD OF PERSONNEL

As this was the Head of Personnel’s last meeting of the L.J.C.C. before his retirement, Mr. Keith Roberts, UNISON, and Councillor G. Williams paid tribute to the work undertaken by Mr. Stephens during his time with Denbighshire. Members of the Committee joined in wishing him well for the future.

The meeting ended at 3.40 p.m. ************

694 RESOURCES POLICY REVIEW SCRUTINY COMMITTEE

Minutes of the meeting of the Resources Policy Review Scrutiny Committee held in the Council Chamber, Town Hall, Ruthin on Wednesday 18th April, 2001 at 10.00 a.m.

PRESENT

Councillors W.G. Thomas (Chair), S. Drew, K.N. Hawkins, D.M. Holder (Observer), R.E. Jones, E.A. Owens (Observer), W.R. Webb (Observer), E.W. Williams (Observer), G. Williams, P.O. Williams and R.Ll. Williams.

ALSO PRESENT

County Clerk, Head of Public Protection and Regulatory Services, Head of Personnel, County Asset Manager and other officers including Administrative Assistant (C.I. Williams).

1352. MINUTES

(i) The Minutes of the meeting of the Resources Policy Review Scrutiny Committee held on Tuesday, 20th March, 2001 were submitted.

Matters arising:-

5. Revenues Division - The County Clerk referred to concerns expressed by Members regarding the lack of opportunity for Members of Scrutiny Committees to examine or challenge matters being considered by Cabinet.

He explained that all Members currently received copies of minutes and outlined the current challenge mechanism where Members could submit a Notice of Motion if dissatisfied with decisions taken.

The need to progress Council business as quickly and efficiently as possible was highlighted by the County Clerk, he explained that he felt that the system had improved as the Modernising process had progressed and stressed that timetabling and flexibility would be of vital importance.

Members again expressed concerns that there was a need to examine the challenge mechanisum and revise the current Standing Orders. The County Clerk referred to the recent work undertaken by Syniad, with both Members and officers, which he considered would result in improvements within the modernising process.

RESOLVED that the Minutes be received and approved as a correct record.

1353. ASSET MANAGEMENT PLANNING

A report on Asset Management Planning, Corporate Property Unit, Accountancy Division, Resources Directorate was circulated to Members at the meeting. The County Asset Manager outlined the essence of the Government's message with regards to the report and provided Members with a summary of the document which included details relating to the Corporate Property Group Generally, the County Landlord's Group, Corporate Property Unit and the Forward Development and Policy Group.

The County Asset Manager provided, with the aid of slides, a detailed summary of the document which referred to the District Audit Report "Asset Management Overview 1999/2000", the Resources Directorate Structure, details of Property Unit, a summary of the Asset Management Plan, including the Welsh process, and a summary of the three basic principles.

It was explained that the Welsh Asset Management Planning process had adopted a three year process and that it would be important to ensure efficient management in accordance with the Authority's corporate objectives, service needs and long term strategies.

695 Members thanked the officers for their presentation and hard work, and it was:-

RESOLVED that the report be received.

1354. EXCLUSION OF PRESS AND PUBLIC

1355. PERSONNEL BEST VALUE PERFORMANCE PLAN

The Head of Personnel submitted a confidential report (previously circulated) regarding the Personnel Services Best Value Service Review and provided Members with a summary of the report which included details relating to the scope of the review, make-up of the project team, service profiles, SWOT analysis; the challenge, consultation process, the comparison elements of the review, together with, the conclusions and recommendations of the report.

The officers presented Members with a detailed summary of the report and highlighted areas of specific significance outlining the SWOT analysis, the importance of service delivery methods, the review of customer perceptions, the setting up of Service Improvement Groups and the conclusions and recommendations.

Members were informed that the report had been to an external Panel who had made recommendations which had generally been accepted by the Corporate Director, Resources. Consequently the Business Planning and Best Value Unit had recommended its approval by the Scrutiny Committee.

During the ensuing discussion, Members thanked the officers for the working undertaken and the presentation and it was:-

RESOLVED that the report be received and approved.

1356. PROPERTY LAND DISPOSALS

A confidential report by the Head of Public Protection and Regulatory Services was circulated at the meeting.

The Head of Public Protection and Regulatory Services explained that in view of the confidential nature of the information contained in the report, which included an update of the progress in respect of capital receipts arising from the sale or potential sale of surplus Council property and land, it had been considered necessary to circulate the report at the meeting.

He explained that the officers had been instructed to review the County Property/Land Holdings with a view to realise capital receipts from the sale of surplus holdings to assist the recovery plan in accordance with approved strategy.

A list of properties where sales had been agreed was included in the report and the Head of Public Protection and Regulatory Services provided Members with a detailed summary relating to the progress made in respect of each of the properties.

During the ensuing discussion, details relating to the operation and composition of the Property Review Group were provided for Members. It was explained that the remit of the Group was to identify surplus property and land and submit recommendations to Cabinet and County Council for approval.

RESOLVED that the report be received.

696 1357. COSTS RELATING TO OVERSEAS VISITS

A confidential report by the Corporate Director Resources was circulated at the meeting.

The Chair explained that the report contained information relating to the costs of overseas visits by Members as requested at a previous meeting of the Committee. The report provided details of visits to Ireland from the 25th September, 2000 to 1st October, 2000, and to Brussels from 30th November, 2000 to 3rd December, 2000.

It was explained that the trips were paid for by the Economic Development Department and the total costs of all overseas travelling and use of public transport for 2000/01, together with, a list of Members and officers who had attended, had been included in the report.

The officers confirmed that it was Council policy to provide Members with details of such trips.

RESOLVED that the report be received and the position noted.

Meeting ended 12.50 p.m.

*********

697 CABINET

Minutes of the meeting of the Cabinet held in the Monsanto Suite, Royal International Pavilion, Llangollen on Thursday 19th April, 2001 at 10.00 a.m.

PRESENT

Councillors E.C. Edwards (Leader), I.M. German, D.M. Holder, R.W. Hughes, G.M. Kensler, D.M. Morris, E.A. Owens, A.E. Roberts, W.R. Webb, K.E. Wells and E.W. Williams.

Observers - Councillors M.Ll. Davies, J.A. Smith and C.H. Williams.

ALSO PRESENT

Deputy Chief Executive, County Clerk, Assistant Chief Executive: Strategy and Financial Controller.

APOLOGIES

Apologies were received from the Chief Executive

1358. URGENT MATTERS

The Leader gave notice of the following items which in his opinion should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972:-

Agenda Item 23 Dinas Bran - New Classroom Block Agenda Item 24 Foot and Mouth Disease - New Financial Support Map for Agenda Item No 12 - Alcohol Bylaw - Rhyl Town Centre Part II Peripatetic Music Provision Part II Report of Rita Hale Consultants

1359. MINUTES OF THE CABINET

The Minutes of the Cabinet held on 3 April 2001 (previously circulated) were submitted.

Matters Arising:-

Item 4 Leisure Centre Use Forum - Councillor G.M. Kensler asked for “to match local circumstances” be inserted after ‘represented on the forum’.

RESOLVED that subject to the above the Minutes of the Cabinet meeting held on 3 April 2001 be approved as a correct record and signed by the Leader.

The Minutes of the Special Cabinet held on 11 April 2001 (previously circulated) were submitted.

RESOLVED that the Minutes of the Cabinet meeting held on 11 April 2001 be approved as a correct record and signed by the Leader.

1360. RECRUITMENT

The Leader of the Council submitted a report (previously circulated) seeking approval for external advertisement:-

3(i) Residential Home Manager SO 2 2 Year Contract ~ Personal Services Directorate: Provider Unit - Approved.

3(ii) Part Time Fitness Consultant Planet Pulse MAN3 ~ Lifelong Learning Directorate: Culture & Leisure - Approved.

698 3(iii) Admin Assistant Sc 2 ~ Personal Services Directorate: Personal Services Administration - Councillor W R Webb queried whether this was a full or part time post and the location of the post. The Director of Personal Services ascertained the home was Awelon and it would be a part time, 20 hours per week post. Approved.

3(iv) Senior Minerals and Monitoring Officer SO 2 ~ Environment Directorate: Planning Services - Approved

3(v) Press Officer SO1 (6 months temporary post) ~ Chief Executives: Public Relations - Approved.

RESOLVED that the external advertisement of the above posts be approved.

1361. TIMETABLE FOR COMMITTEES / PANELS

The Leader submitted the report and appendices (previously circulated) seeking Members approval for the timetable of County Council, Scrutiny Committees and statutory Committees / Panels for the forthcoming municipal year.

Councillor I.M. German asked that the LJCC and Corporate Health, Safety and Welfare Committees be held on separate days. The County Clerk agreed to move one of the Committees to another date.

Councillor G.M. Kensler suggested that more Scrutiny Committees could be held in Denbigh.

RESOLVED that Cabinet recommend to County Council that the timetable of meetings for the forthcoming Municipal Year be approved, subject to the LJCC and Corporate Health, Safety and Welfare Committees being held on separate days.

1362. LLANGOLLEN CULTURE AND LEISURE FACILITIES

Councillor R.W. Hughes, the Lead Cabinet Member for Culture and Leisure submitted the report (previously circulated) seeking Members’ approval, as a result of The Old Chapel, Castle Street, Llangollen coming back into Denbighshire management responsibility from April 2001, to explore the opportunity and to analyse the capital and revenue cost of refocusing, refurbishing and relaunching the Old Chapel to provide a new integrated Culture, Learning and Information Centre. Members’ approval was also sought to approve temporary contracts to the retail staff of the gift shop which is self-financing until the future of the Old Chapel is determined. Members were asked, in principle, to support negotiations with Llangollen Town Hall Management Committee regarding the transfer of the management of Llangollen Town Hall and the facilities at Riverside Gardens.

Councillor G.M. Kensler suggested that “Hall” be included after Llangollen Town in 7.3. This was agreed by Members.

RESOLVED that Members approved:-

(a) to explore the opportunity and to analyse the capital and revenue cost of refocusing, refurbishing and re-launching the Old Chapel, Castle Street, Llangollen to provide a new integrated Culture, Learning and Information Centre that will involve the sale of the current library building and relocation of the library;

(b) to approve that temporary contracts be offered to the retail staff of the gift shop which is self-financing until the future of the Old Chapel is determined, and

(c) to agree in principle to devolve management of Llangollen Town Hall and Riverside Park to Llangollen Town Council, subject to approval of the details of the proposed transfer.

1363. DENBIGHSHIRE MARQUEE LLANGOLLEN INTERNATIONAL MUSIC EISTEDDFOD

Councillor R.W. Hughes, the Lead Cabinet Member for Culture and Leisure submitted the report (previously circulated) seeking Members’ approval of the refocused plans for the Denbighshire marquee at the Llangollen International Music Eisteddfod 2001.

699 The changes would focus on Cultural Tourism with displays and marketing leaflets of key visitor attractions such as Plas Newydd, Bodelwyddan Castle, the Dee Valley and Clwydian Hills and events including the National Eisteddfod and Ruthin Arts Festival. The displays would be portable and usable for other events and venues.

RESOLVED that Members agreed to the refocused plans for the Denbighshire Marquee at the Llangollen International Music Eisteddfod.

1364. CULTURE AND LEISURE CONFERENCE “A FOUNDATION FOR THE FUTURE”

Councillor R.W. Hughes, the Lead Cabinet Member for Culture and Leisure submitted the report (previously circulated) seeking Members’ approval to hold a conference on 16.05.2001 at the Royal International Pavilion, Llangollen and to nominate 6 Members to attend the event, which would begin the process of developing the Culture and Leisure Strategy for Denbighshire, with a cross section of voluntary organisations, businesses and agencies being invited to join with the Culture and Leisure staff and Members to discuss the strategic aims for Culture and Leisure.

Councillor E.W. Williams expressed his support for the conference and suggested that all Council Members be invited to attend. Councillor E.A. Owens said the cost of the conference would be met from current budget provision.

RESOLVED that Members agreed to hold a conference on 16.05.2001 at the Royal International Pavilion, Llangollen and to extend an invitation to all Councillors to attend the event.

1365. DENBIGHSHIRE COUNTRYSIDE GRANT SCHEMES

Councillor R.W. Hughes, the Lead Cabinet Member for Culture and Leisure submitted the report (previously circulated) seeking Members’ approval to the Council’s various Countryside Grant Schemes and seeking support for the allocation of funds from the 2001-02 Rural Programme tapering grant to maintain this initiative as detailed in the Appendices.

RESOLVED that Members:-

8.1 noted the progress on the Council’s Countryside Grant Schemes, and

8.2 approved the allocation of Rural Programme tapering funds to match Countryside Grant Scheme Objective 1 EAGGF grant in 2001-02.

1366. BALCHDER BRO - PRIDE OF PLACE

Councillor R.W. Hughes, the Lead Cabinet Member for Culture and Leisure submitted the report (previously circulated) seeking Members’ approval to participate in a pilot scheme for a proposed new Countryside Council for Wales (CCW) Heritage Lottery Fund initiative.

CCW had secured funding from the Heritage Lottery Fund to pilot a new local distinctiveness initiative known as ‘Balchder Bro’ or ‘Pride of Place’ initially in three areas of Wales for 18 months in Swansea, the Brecon Beacons and the Rural/Urban Villages of the Dee Valley. The Scheme would be managed by the Wales council for Voluntary Action on behalf of CCW and the HLF with up to £60,000 grant made available to suitable local projects in each pilot area. The County Council would become one of the partners involved in the scheme providing support and guidance for community groups and providing specialist advice on projects.

RESOLVED that Members approved Council participation in the proposed Balchder Bro - Pride of Place initiative.

1367. DENBIGHSHIRE LANDSCAPE STRATEGY

Councillor R.W. Hughes, the Lead Cabinet Member for Culture and Leisure submitted the report (previously circulated) seeking Members’ approval to the responses to the draft Landscape Strategy

700 approved by Cabinet for consultation purposes on 23.11.2000 (summary of consultations at Appendix 1) and to approve the final Landscape Strategy document.

A Landscape Strategy for Denbighshire was a commitment in the Council’s 2000-2001 Statement of Priorities and a policy in the Countryside Strategy and was prepared in conjunction with the Countryside Services’ work on the new CCW sponsored landscape assessment methodology known as LANDMAP. The Strategy covered parts of Flintshire and Wrexham to take in the entire Clwydian Range AONB.

RESOLVED that Members agreed the proposed changes to the Draft Strategy as a result of consultations and approved the document, subject to Scrutiny and Council endorsement, as the Council’s Landscape Strategy. Members similarly agreed to the development of the Landscape strategy and LANDMAP as Supplementary Planning Guidance.

1368. CLWYDIAN RANGE AONB ENVIRONMENT DEVELOPMENT FUND

Councillor R.W. Hughes, the Lead Cabinet Member for Culture and Leisure submitted the report (previously circulated) seeking Members’ approval to a new funding opportunity for the Clwydian Range AONB and to approve the arrangements to manage the scheme. A new £750k 3 year grant Environment Development Fund scheme was announced for the Principality’s 5 AONB’s including the Clwydian Range, totalling £50k per annum for each AONB for innovative and sustainable environmental projects involving local communities.

Management and administration of the scheme would be carried out by Local Authorities in conjunction with AONB Joint Advisory Committees with Denbighshire Countryside Services having overall management responsibility for the Clwydian Range on behalf of the JAC. JAC had agreed to establish a small EDF Sub Committee with membership based on one third local government, one third voluntary sector and one third business interests with authority to award grants of up to £25,000 for suitable projects.

The Leader thanked Tony Hughes, Head of Countryside and Leisure Services and his staff for their work on the various countryside initiatives within Denbighshire.

RESOLVED that Members welcomed the proposed AONB Environment Development Fund initiative and agreed the management arrangements for the scheme as set out in the report.

1369. ALCOHOL BY-LAW ~ RHYL TOWN CENTRE

Councillor D.M. Morris, the Lead Cabinet Member for the Environment submitted the report (previously circulated) seeking Members’ agreement to recommend to Council the adoption of alcohol by-laws prohibiting the drinking of alcohol on the streets within a defined area of Rhyl, particularly the square immediately behind the Town Hall and the area surrounding the refurbished Railway Station complex. The Town Centre Crime and Disorder Group were consulted as were owners of premises within the area with open access.

Members agreed that the map accompanying the report should incorporate Rhyl Railway Station.

RESOLVED that Members recommend to Council that a by-law prohibiting the consumption of alcohol in public places be adopted by the County Council, covering the area defined in the map (incorporating Rhyl Railway Station) attached to the report.

1370. PETITION - RHYL ROAD, DENBIGH

Councillor D.M. Morris, the Lead Cabinet Member for the Environment submitted the report (previously circulated) seeking Members’ agreement to possible action subject to financial provision regarding the receipt of a petition regarding pedestrian safety on Rhyl Road, Denbigh.

RESOLVED that Members agreed to:-

(a) note the petition and the current situation with accident statistics, and

701 (b) the petitioners be informed that appropriate improvements and sources of funding would be investigated as part of the general improvement programme of Denbigh.

1371. CLAIMED PUBLIC BRIDLEWAY ALONG BODAWEN LANE, GELLIFOR

Councillor D.M. Morris, the Lead Cabinet Member for the Environment submitted the report (previously circulated) seeking Members’ agreement to make a Definitive Map Modification Order adding the above route as shown between points A and B on the attached plan as a Byway Open to All Traffic to the County Council’s Definitive Map and Statement of Public Rights of Way.

RESOLVED that Members authorise the County Clerk to make a Definitive Map Modification Order to add the Claimed Public Bridleway along Bodawen Lane, Gellifor as a Byway Open to All Traffic and seek confirmation of the Order if necessary by reference to the National Assembly of Wales.

1372. A STRATEGY FOR CARERS IN DENBIGHSHIRE

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ agreement to the Strategy for Carers in Denbighshire, produced by the joint Agency Carers Strategy Group.

RESOLVED that Members recommended that Council approve the Strategy for Carers in Denbighshire.

1373. DIRECT PAYMENTS

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ agreement to establishing a Direct Payments Scheme in Denbighshire, resulting from the 1999 Social Services consultation and research into the viability of such a scheme. The Scheme would give disabled people greater control over their services, promote independent living, respond to the views of local disabled people and respond to the Government’s increasing emphasis on direct payments.

Councillor E.A. Owens welcomed the initiative and also reminded Members that Denbighshire would need to work closely with Internal Audit at an early stage of the Scheme’s implementation.

RESOLVED that Members supported the development of a Direct Payments Scheme in Denbighshire.

1374. CHARGING POLICY FOR SOCIAL SERVICES

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ agreement to the Charging for Services Received in the Home and in the Community - Guidelines for Staff as the definitive statement of the Department’s current charging policy for non residential services.

Councillor E.A. Owens expressed concerns regarding some of the phrasing within the report which could be ambiguous and also the references to unpaid bills, and suggested a statement be included as a caveat in the Introduction to the Report before it is put to Council.

RESOLVED that Members agreed to recommend that Council approves the document Charging for Services Received In the Home and in the Community - Guidelines for Staff as the definitive statement of the Department’s current Charging Policy for non residential services, with an explanatory caveat included in the Introduction.

1375. CONTRACT RENEWAL AND FEE INCREASES FOR PROVIDERS OF RESIDENTIAL AND NURSING HOME CARE UNDER THE EXISTING AGREEMENT

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ agreement to an extension of a further twelve months to the current contracts (as detailed in Appendix 1) due to expire on 31.01.2001. The new date of

702 termination of contracts would be 31.03.2002. Members were asked to agree fee increases for Providers from 09.04.2001 as detailed in the report..

The County Clerk reminded Members that Cabinet are able to make decisions on contract renewals.

In answer to Councillor G.M. Kensler’s question of comparisons with other LAs, the Deputy Chief Executive explained that many Local Authorities are in a similar situation in that they are currently reviewing their fee levels which will be set at levels that are influenced by local conditions.

RESOLVED that Members approved the extension of the contract to the Providers listed at Appendix 1 until 31.03.2002 and that Council approve the new fee levels set out in Appendix 2.

1376. SERVICES TO PEOPLE WITH A MENTAL ILLNESS - MENTAL HEALTH ACT 1983 - APPROVED SOCIAL WORKERS

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ approval for the appointment of Approved Social Workers required to discharge the statutory functions of Section 114 of the Mental Health Act 1983.

RESOLVED that Members:-

(a) received the report, and

(b) formally approved the Appointments of the Social Workers named with immediate effect and remain valid until 31.12.2005.

1377. INCREASES IN THE AMOUNTS PAID UNDER THE CONTRACT FOR DOMICILIARY CARE SERVICES

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ agreement to increases in the amounts paid under the Contract for Domiciliary Care Services of 4% from 01.04.2001 and a further 7% from 01.10.2001 as detailed in the report.

RESOLVED that Members approved the increase in the amounts paid to Independent Sector Providers of domiciliary care under the Contract for Domiciliary Care Contract as set out in the report.

1378. LEARNING DISABILITY SERVICES - POLICY ON COMMUNITY LIVING ARRANGEMENTS

Councillor A.E. Roberts, the Lead Cabinet Member for Personal Services submitted the report (previously circulated) seeking Members’ agreement:-

(i) to the principles of the All Wales Strategy on Community Living with Community Living being the preferred method by which the Council met the needs of people with a learning disability needing 24 hour care;

(ii) that Council may ask a person with a learning disability to move to another community living home only if the request is unlikely to have an adverse effect on the person and that the person’s refusal must be respected;

(iii) that Council acts to fill vacancies in community living homes as quickly as possible in line with agreed protocol, and

(iv) that Council commission community living homes of various sizes to meet a variety of needs.

The Deputy Chief Executive said the report had been the product of work commissioned by the Scrutiny Committee.

RESOLVED that Members recommend that Council approves the four decisions as detailed in the report, which would guide policy for the future of community living.

703 1379. BARNARDO’S ~ HENLLAN TRAINING CENTRE

Councillor W.R. Webb, the Lead Cabinet Member for Property submitted the report (previously circulated) seeking Members’ agreement to charge Barnardo’s a rental at ‘less than best consideration’ for three rooms at Henllan Training Centre as detailed on the map.

Councillor W.R. Webb suggested that the ‘nominal rent’ be set at 75% and not £1.00 and supported Councillor E.A. Owens’ request for inclusion of a break clause at 18 months.

RESOLVED that Members:-

(a) approved a ‘nominal rental’, taking into consideration the Organisation's financial contribution towards a working partnership with Denbighshire County Council and re-furbishment of the office accommodation at Henllan Training Centre, to be set at 75% per annum of the market rent and applied in accordance with the benchmarks as set out in the Council’s Policy on ‘Leasing/Renting Council Property to Non-Commercial Organisations’. The lease will record the Open Market Rent and the discount would be recorded by way of a side letter and will include a break clause at 18 months, and

(b) other terms and conditions to be agreed by the Head of Consultancy Services, in consultation with the County Clerk.

At this juncture (11.30 a.m) the meeting adjourned for 15 minutes to allow Members to participate in refreshments.

1380. YSGOL DINAS BRAN, LLANGOLLEN - NEW CLASSROOM BLOCK

Councillor K.E. Wells submitted a report (copy distributed at the meeting) seeking Members’ approval to pursue the completion of the proposed 4 classroom block at Ysgol Dinas Bran which would receive funding from the National Assembly for Wales for the construction of the block. The estimated cost of the proposal was £150k to provide 2 complete classrooms fitted out and 2 classrooms with minimum works. Both Councillor K.E. Wells and Councillor W.R. Webb urged Members to agree to the 4 classrooms being fitted out to the same standard. To complete the proposed works a shortfall of £38k existed which would be repaid from another source to ensure no breach of the Council’s proposed capital allocation procedures.

Councillor E.W. Williams queried the ‘5.1 Governor’ under the Consultation Carried Out. Councillor W.R. Webb said the Consultation Carried Out at 5.1 should read ‘Governing Body’.

RESOLVED that Members approved capital funding of £38,000 to allow completion of the new classroom block at Ysgol Dinas Bran, Llangollen.

1381. FOOT AND MOUTH DISEASE - SPECIAL NAFW FINANCIAL SUPPORT

The Financial Controller submitted the paper (distributed at the meeting) seeking Members’ approval to the Action Plan contained within the report to enable support to be channelled to those businesses suffering from the impact of the Foot and Mouth outbreak. Also included was a guidance note from the WLGA. The National Assembly for Wales would provide £880k funding to be awarded between 01.04.2001 and 30.06.2001. The Financial Controller said a meeting of officers of all North Wales Councils would be held on 23.04.2001.

Councillors E.W. Williams and W.R. Webb sought guidance on declaration of interest as members of the farming community. The County Clerk affirmed that Members should not be excluded from the debate or vote as general policy matters only were being discussed at this stage rather than individual applications for grant aid.

The Financial Controller said it was hoped to send Denbighshire business ratepayers mailshots regarding the financial assistance available as soon as possible.

704 RESOLVED that Members note the latest position regarding the special funding and the latest advice from the WLGA and agreed the Action Plan.

1382. EXCLUSION OF PRESS AND PUBLIC

1383. WAIVER OF CONDITIONS - LLANGOLLEN GROUP REPAIR SCHEME PHASE 2

Councillor D.M. Morris, the Lead Cabinet Member for the Environment sought Members approval to a request from the owners of a property in the Llangollen Group Repair Scheme to waive the Council’s right to reclaim the grant aid paid to the owners in respect of works carried out.

The Head of Public Protection and Regeneration Services detailed the options available and said Council could support either option 1 or 2.

After discussion Members agreed to support Option 1 contained in the report.

RESOLVED that Members agreed to Option 1 - Repayment of the Grant in Full.

1384. DISPOSAL OF LAND - COLOMENDY INDUSTRIAL ESTATE, DENBIGH

Councillor W.R. Webb, the Lead Cabinet Member for Property submitted the report (previously circulated) seeking Members’ approval for the freehold disposal of a parcel of land of 270m2 at Colomendy Industrial Estate, Denbigh.

RESOLVED that Members agreed the 270m2 of land situated at Colomendy Industrial Estate, Denbigh be sold at terms to be agreed with the Corporate Property Officer in consultation with the County Clerk.

1385. RUTHIN GAOL

Councillors D.M. Morris and R.W. Hughes submitted the report (previously circulated) seeking Members approval to let the contract of £1,794,927 for the main phase of the refurbishment of Ruthin Gaol.

The Conservation Architect said CADW funding of £110,000 was not agreed yet but he had been informed that CADW’s recommendation to the Historic Buildings Council would support the project. It was hoped that a decision from CADW would be received in 2 weeks.

After discussion, Members agreed to defer the report until the CADW support of £110,000 had been agreed.

RESOLVED that the Ruthin Gaol report be deferred until the Cabinet meeting on 1 May 2001.

1386. PERIPATETIC MUSIC PROVISION

Councillor K.E. Wells, Lead Cabinet Member for Lifelong Learning submitted the report (circulated at the meeting) seeking Members’ approval to give notice of termination of a three year contract with the Williams Matthias School of Music Service on 27.04.2001. The three year contract with WMSMS ended in December 2000 but the WMSMS granted an extension to July 2001 to allow continuity of pupils’ lessons to the end of the academic year.

RESOLVED that Members agreed to give notice of termination of the three year contract with the William Matthias School of Music Service (WMSMS) on 27.04.2001, to strengthen links between the four neighbouring counties of Wrexham, Flintshire, Conwy and Denbighshire and to develop a Denbighshire Music Service within existing budgets.

705 1387. REPORT OF RITA HALE CONSULTANTS

The Leader submitted the report (circulated at the meeting) seeking Members’ approval to commissioning a limited consultancy to undertake work in respect of the Local Government Boundary Commission’s consultant’s report on the financial implications on the transfer of Llangollen / Llantysilio to Wrexham County Borough Council.

The Assistant Chief Executive: Strategy detailed reasons for seeking a limited consultancy and suggested Deloittes be appointed consultants as they had previous knowledge of Denbighshire.

RESOLVED that Members approved the limited 3 days consultancy from Deloittes. (Councillor G.M. Kensler asked that her vote against the appointment of consultants be recorded).

1388. BEST VALUE SERVICE REVIEW: PERSONNEL SERVICES

Councillor I.M. German, the Lead Cabinet Member for Human Resources submitted the report (previously circulated) seeking Members approval to the Best Value Service Review for Personnel Services.

Councillor E.W. Williams highlighted the importance of the participation by all persons assigned to a particular Best Value Project Team. The County Clerk agreed to make the appropriate notification.

RESOLVED Members received and approved the Personnel Services report.

The Leader announced that this was the last Cabinet meeting for Ken Stephens, Head of Personnel who would be retiring in two weeks and on behalf of the Cabinet wished him well in his retirement.

Councillor I.M. German also thanked Ken Stephens for his courtesy and support to her as the Lead Cabinet Member for Human Resources.

Councillor W.R. Webb also thanked Ken Stephens for his courtesy to all Members and for the way he had carried out his duties.

The meeting concluded at 1.00 p.m.

*********

706 LIFELONG LEARNING POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the meeting of the Lifelong Learning Policy Review and Scrutiny Committee held in the Council Chamber, Town Hall, Ruthin on Monday, 23rd April, 2001 at 2.00 p.m.

PRESENT

Councillors T.M. Parry (Chair), P.A. Dobb, N. Hugh-Jones, M.M. Jones, J.S. Kerfoot-Davies, F. Shaw and E.W. Williams (observer) together with Co-opted Members Mrs. C.A. Ashton, Mr. E. Roberts, Mr. J. Saxon and Mr. N. Roberts

ALSO PRESENT

Corporate Director Lifelong Learning, Head of Strategy and Resources Lifelong Learning, Head of Education Services, Property Services Manager Lifelong Learning, Inspector/Adviser for Religious Education, Administration Services Manager and Administration Officer (K.E. Jones).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillor K.P. Stevens

1389. AGENDA ITEMS

The Chair indicated his intention to bring forward on the Agenda Item No. 6 (Draft School Organisation Plan) to be considered after Agenda Item No. 3 (SACRE - Presentation).

A Member wished to reiterate the comments he had made at the last Scrutiny Committee meeting regarding his concern that the draft School Organisation Plan had not been considered by this Committee prior to submission to Cabinet and consequently he felt that the decision making process in accordance with the modernisation process was not being adhered to. The Administration Services Manager referred to the decision making processes operating within the Committee Structure and confirmed that Members comments on the Plan would be put before County Council for consideration.

Councillor E.W. Williams referred to the challenge mechanisms in place and indicated that the County Council directed policy and was the Authority’s overall decision making body.

1390. WELCOME

The Chair introduced and welcomed to the meeting Mr. J. Saxon who had been co-opted onto the Scrutiny Committee as a Parent Governor Representative (Primary Sector) following the recent election process and congratulated him on his appointment.

1391. RESIGNATION OF CO-OPTED MEMBER

The Chair informed Members of the resignation of Mrs. D. Catell, former co-opted member of the Scrutiny Committee representing the Denbighshire Federation of Parents and paid tribute to her excellent service on the Council’s former Education Committee. He indicated that a letter had been sent thanking Mrs. Catell for her valuable contribution to those meetings and extending the Committee’s best wishes for the future.

1392. MINUTES

The Minutes of the meeting held on 20th March, 2001 (previously circulated) were submitted.

Matters Arising:-

Page 1 - Item 1 - Urgent Items - In response to a Member’s question the Administration Services Manager indicated that the urgent items would be programmed into the work schedule for Members consideration.

707 Page 1 - Item 1(i) - Monitoring of School Attendance - A Member requested that this urgent item be discussed at the next meeting of the Scrutiny Committee and the officers confirmed that a report would be submitted to the next meeting regarding that issue.

Page 3 - Item 5 - Estyn Inspection Reports - The Inspector/Adviser RE informed Members that contrary to the statement made by a teacher representative at the last Scrutiny Committee, Catholic schools followed their own Diocese Syllabus and did not follow the Agreed Syllabus for Religious Education as approved by Denbighshire SACRE.

During the ensuing discussion Members were mindful of the need to consider other areas of the Lifelong Learning Directorate in addition to Education and it was subsequently proposed and seconded that all future Committee agendas include a specific item on leisure services. In response the Chair indicated that the Corporate Director Lifelong Learning was in the process of preparing a time tabled work programme for Members consideration detailing those specific areas of the Lifelong Learning Directorate requiring attention.

RESOLVED that the minutes of the meeting held on 20th March, 2001 be received and approved as a correct record.

1393. STANDING ADVISORY COUNCIL FOR RELIGIOUS EDUCATION (SACRE)

The Chair introduced and welcomed to the meeting Mr. Gavin Craigen, Inspector/Adviser RE who had been invited to attend at the meeting to give a presentation on the role of SACRE.

The Inspector/Adviser RE, with the aid of an overhead projector outlined to Members the role of the Denbighshire SACRE and in particular referred to:-

- the Agreed Syllabus Conference and the Agreed Syllabus for Religious Education;

- monitoring and evaluation of the provision of Religious Education within schools;

- monitoring and evaluation of the provision for Collective Worship, and

- the main findings of the Annual Report 1999/2000 of SACRE’s activities.

Following the presentation, the Inspector/Adviser RE responded to Members questions particularly referring to the teaching of RE in schools; recruitment of teachers and examiners; INSET training; collective worship; and pupils’ spiritual, moral, social and cultural development.

The Chair thanked the Inspector/Adviser RE for his interesting and informative presentation and felt that it would be beneficial to Members if he could attend at a future meeting of the Committee to address Members on other aspects of SACRE’s responsibilities. The Inspector/Adviser RE indicated that he would be willing to attend at a future meeting to further address Members.

A number of Members who were also members of Denbighshire SACRE paid tribute to the excellent work undertaken by the Inspector/Adviser RE on behalf of the Authority and the Head of Education Services also expressed his appreciation of the quality of work and the exceptional support and commitment he had shown to SACRE.

RESOLVED that the presentation given by the Inspector/Adviser RE be received and noted.

1394. SPECIFIC MATTERS FOR CONSIDERATION FROM CABINET/COUNCIL - DRAFT SCHOOL ORGANISATION PLAN

(This item was brought forward on the Agenda with the consent of the Chair).

The Corporate Director Lifelong Learning submitted the Lead Cabinet Member for Education’s report (previously circulated) together with the draft School Organisation Plan (attached to the report) for Members consideration and comments prior to submission to County Council. The Cabinet meeting

708 held on 22nd March, 2001 had submitted the draft School Organisation Plan to the Lifelong Learning Scrutiny Committee for specific consideration as part of the consultation process.

Members were informed that each LEA was required to prepare a School Organisation Plan for its area to draw conclusions about the need to add or to remove school places within a local authority area. Once adopted the plan would help the LEA, schools, promoters, parents and local communities understand the need for school places and to establish future demands. The plan would provide the basis on which the LEA, National Assembly for Wales and others could consider proposals for opening, closing or changing the character of schools.

Members took the opportunity to raise questions with the Corporate Director Lifelong Learning regarding the contents of the draft Plan and in particular referred to: the influx of youngsters into the County requiring SEN; range of provision for pupils with SEN; lifelong learning services; forecasting methodology formula; refusal of admission to schools and the appeals procedure; the sale of Ysgol Tir Morfa site, Rhuddlan; future development at Ysgol Plas Brondyffryn; Welsh Language scheme; asset management plan; and post 16 education.

During a full and detailed debate regarding the draft Plan Members raised the following issues:-

(i) Page 5 - Social Inclusion Plan

A Member expressed concern regarding the lack of Educational Social Workers in the Rhyl area and referred to the need to resolve that issue as soon as possible. The Corporate Director Lifelong Learning indicated that the Authority was appointing two trainee Educational Social Workers to address that issue.

(ii) ‘Summary of School Data’ Annex C

A Member voiced his concern that the summary excluded the number of full/part time pupils in designated nursery classes and therefore did not accurately reflect the total number of pupils in the schools or the number of surplus places available within those schools,

The Head of Strategy and Resources explained that in the preparation of the school data it was a statutory requirement to exclude the number of all pupils in a designated nursery class. She reported that other local authorities had raised similar concerns and a response was awaited from the Audit Commission in that regard.

(iii) Page 8 - Pupil Projections

A Member referred to the housing development at the Tower Beach Site, Prestatyn and the subsequent effect of that development on pupil numbers. He indicated that the extent of the housing development had not been finalised but requested that the development be taken into account when considering a future primary school for that area.

(iv) Page 23 - Size of Schools

A Member referred to the current Denbighshire policy to review schools with less than 20 pupils and felt that in view of the Audit Commission’s definition of a small primary school being one which has less than 90 pupils, consideration should be given to increasing the number from 20 as specified within the current policy.

Members were mindful that each school and its community would need to be considered on its own merits and also discussed the social integration and subsequent effects on those pupils from the smaller primary schools progressing to the larger secondary schools. A Member also expressed concern regarding the varying costs per pupil in the different sized schools.

RESOLVED that:-

(a) the contents of the draft School Organisation Plan be endorsed, and

709 (b) the issues raised by Members as referred to above be put before Cabinet/Council for consideration.

A Member referred to the lifelong learning services detailed on page 6 of the draft plan and suggested that the appropriate officer responsible for each service prepare a précis report on their proposals for the service over the next six months. In response the Corporate Director Lifelong Learning indicated that those services would be incorporated into the time tabled work programme of the Committee.

1395. SCHOOLS DELEGATED BUDGET APPORTIONMENT 2001/02 AND IMPACT ON MANPOWER MANAGEMENT

The Head of Strategy and Resources (Lifelong Learning) submitted a report (previously circulated) updating Members on the current position regarding the schools delegated budget apportionment for 2001/02 and the impact on manpower management. The report had been prepared in response to a statement from the DTJNC submitted to the last meeting of the Scrutiny Committee held on 20th March, 2001 expressing concern over the allocation of Denbighshire’s Education Budget.

The Head of Strategy and Resources referred to Appendix 1 (attached to the report) and informed Members that schools delegated budgets had risen by 8.1% overall in Denbighshire on the previous year and that the basic budget allocation was enhanced by a number of Special Grants monies and also by an additional £500,000 achieved from the additional 2% Council Tax increase. She explained the subsequent effects on schools and referred to Appendix 2 (attached to the report) detailing nominations for redeployment and redundancy and reference was made to the Manpower Management Procedure and Manpower Panel.

A teacher representative stated that the indicative budget allocation figures produced in March had caused consternation amongst the teaching staff but the subsequent additional £500,000 received from the 2% Council Tax increase had made a tremendous difference to the base budget allocation.

Following a brief discussion Members took the opportunity to put questions to the Head of Strategy and Resources regarding the budget figures and EVR scheme and it was:-

RESOLVED that the report by the Head of Strategy and Resources be received and noted.

1396. PARENT GOVERNOR REPRESENTATIVES - CO-OPTED MEMBERS

The Head of Education Services submitted the Primary Education Officer’s report (previously circulated) updating Members on the recent election of parent governors undertaken in Denbighshire’s schools together with a description of the role of a Parent Governor Representative. He indicated that the following two parent governors had been co-opted onto the Scrutiny Committee and would also automatically be co-opted onto the Denbighshire Governors Association:-

Primary School Representative - Mr. J. Saxon, Parent Governor at Bodnant Infants, Prestatyn, and Secondary School Representative - Mrs. Carole Ashton, Chair of Governors at Rhyl High School.

Members were informed that no nominations had been received for the Special Schools vacancy.

RESOLVED that the report by the Primary Education Officer be received and noted.

At this juncture and at the invitation of the Chair Councillor E.W. Williams, Lead Cabinet Member for Best Value referred to the recent best value review of the library service and expressed his surprise that Members had not scrutinised that process. In response the Head of Education Services indicated that this item was to be incorporated into the time tabled work programme of the Committee.

The meeting concluded at 4.20 p.m. ********

710 ENVIRONMENT SCRUTINY COMMITTEE

Minutes of the meeting of the Environment Scrutiny Committee held in the Council Chamber, Russell House, Rhyl on Tuesday 24th April, 2001 at 10.00 a.m.

PRESENT

Councillors D.A. Thomas (Chair), M.Ll. Davies, P. Douglas, S. Drew (Observer), I.M. German (Observer), M.A. German, E.R. Jones, D.M. Morris (Lead Cabinet Member Environment) and S. Thomas.

ALSO PRESENT

County Clerk, Corporate Director Environment, Head of Highways and Transportation, Highways Service Manager, Senior Engineer - Transportation Planning and other officers including Administrative Assistant (C.I. Williams).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillor P.J. Williams.

1397. MINUTES

(i) The Minutes of the meeting of the Environment Scrutiny Committee held on Wednesday, 21st March, 2001 were submitted.

Matters arising:-

1. 7. Staff Structure for Public Protection and Regulatory Services - The County Clerk informed Members that the rules and minutes referred to at the previous meeting of the Committee were now available and this information would be forwarded to Councillor M.Ll. Davies.

4. Future Work Programme - Reference was made by the Chair to the following areas included within the future Work Programme:-

(a) Public Questionnaire - The Chair referred to a number of surveys and questionnaires which had been previously undertaken and suggested that the information gained be collated to ascertain he views and requirements of the public within the County;

(b) Public Toilets - Members were informed that due to the pressure of work following the foot and mouth epidemic there had been a lack of progress in this particular area. However, in response to concerns expressed by Members regarding the urgent need to progress this issue, particular reference being made to the detrimental effect on tourism in the area, the Corporate Director Environment confirmed that a detailed conditions survey would be undertaken in the near future and a report on the outcome of the survey would be submitted to a future meeting of the Committee;

(c) Waste Re-cycling - Members referred to the final paragraph of Item No 4 of the Minutes and stressed that the Working Group continue its work and that all Members contributions should be welcomed. It was explained that the Group had recently met and discussed various options and ideas, details of which were outlined by the Members of the Group, these included the co-option of Members onto the Group and the possible advantages to be gained from the arrangement of site visits to view re-cycling operations in other areas;

(ch) Business Plan - The Corporate Director Environment explained that the Business Plan would be submitted for consideration for Members in approximately two months;

711 (d) Syniad Report - The County Clerk informed Members that he would be meeting the Chief Executive to discuss the report by Syniad prior to its submission for consideration by Members, and

(dd) Translation facilities at Caledfryn, Denbigh - In reply to concerns expressed regarding problems experienced in respect of the use of translation equipment at Caledfryn, Denbigh, the Corporate Director Environment explained that the problems resulted from the frequency of the lights affecting the translation equipement, he agreed to investigate the matter and provde Councillor M.Ll. Davies with the relevant information.

RESOLVED that the Minutes be received and approved as a correct record.

1398. SUN CENTRE, RHYL

A report by the Building Group Manager had been circulated with the papers for the meeting.

The Corporate Director Environment provide a summary of the report which advised Members of the works carried out to date at the Sun Centre, following a resolution by Cabinet to allow building maintenance works to be undertaken to a budget of £255k.

He confirmed that the structural work had been completed in mid March, 2001 with the ceiling work completed in late March ahead of the work programme. The major ventilation works to the Pool Hall had been completed on programme. However, it had been discovered as anticipated that a number of large ducts were suffering from corrosion, other than these works nothing else untoward was found and all necessary ventilation works to the Pool Hall were completed prior to the public opening on the 7th April, 2001. The Director confirmed that although the ventilation system had not been completely renewed it had been fully overhauled.

It was explained that to date there had been an underspend on the £255k funding and it was anticipated that the final account for all the various works should be under £200k.

In response to questions from Members regarding possible future expenditure on the Sun Centre, the Director referred to the introduction of a regular routine maintenance programme and outlined the responsibilities of both the County Council and the Trust. He also explained that many of the concerns expressed by Members would be addressed in the report by the Chief Executive which it was hoped would be presented to the next meeting of the Scrutiny Committee.

During the ensuing discussion, it was agreed that the Chair of the Environment Scrutiny Committee meet with the Chairs of the Lifelong Learning and Resources Scrutiny Committees to discuss the matters of concern.

RESOLVED that:-

(a) the report be received;

(b) the report by the Chief Executive be presented to the next meeting of the Environment Scrutiny Committee, and

(c) the Chair of the Environment Scrutiny Committee meet with the Chairs of the Lifelong Learning and the Resources Policy Review Scrutiny Committees.

1399. FLOOD DEFENCE PROGRAMME

A copy of a report by the Head of Highways and Transportation was circulated with the papers for the meeting.

Members were informed that the report had been considered by Cabinet who had resolved that, subject to the observations of the Environment and Resources Committees, Members authorise the Head of Highways and Transportation, to utilise the specifically allocated capital funding,

712 supplemented by grant aid as appropriate, to prepare and implement a flood defence programme (initially based on a three year period) covering the major flooding-prone locations within the County.

The Head of Highways and Transportation provided a summary of the report and outlined the proposed flood defence programme which encompasses the major sites within the County which were prone to repeated or severe flooding from non-main river land drainage systems, and the suggested utilisation of designated Capital funding, supplemented as far as possible by external grants, to firstly carry out the necessary specialist feasibility and design exercise for each location, followed by execution of the appropriate defence work.

Reference was made by the Highways Service Manager to the locations referred to in the report which had been identified as major specific sites where flood defence should be considered a priority. He also provided details of the grant aid, the maximum contribution being 45%, which would be available in certain circumstances from the National Assembly for Wales Land Drainage section.

In reply to questions from Members, the officers explained that schemes would be prioritised using historical records and that surveys undertaken by the previous Authorities would also be utilised.

During the ensuing discussion, Members referred to a number of locations within the County where flooding related problems had caused concern over a number years, the officers noted these concerns and confirmed that all these areas would be taken into consideration.

RESOLVED that the report be received and Members comments noted.

1400. EMERGENCY FLOOD PROCEDURES

A copy of a report by the Head of Highways and Transportation was circulated with the papers for the meeting.

The Head of Highways and Transportation provided a summary of the report and outlined the interim land drainage flood response procedure for use on a year-round basis, in conjunction with the winter maintenance and 24 hour emergency call-out procedure already operated by Highways and Transportation. He referred to the importance of having such a service in place and the need to support the allocation of additional funding within subsequent years' revenue budget, to enable continued provision.

Members were informed that the report had been considered by Cabinet who had resolved that, subject to the observations of the Environment and Resources Committees, Members approve the Head of Highways and Transportation interim Flood Procedures as a formal methodology for responding to land drainage flooding threats, and recognise the need to allocate additional funds within subsequent years' budget rounds in order for this enhanced level of service to be maintained.

In response to a request from Members, the Head of Highways and Transportation agreed that an updated comprehensive plan, which would include a list of officers names and telephone numbers for use during emergencies, could be circulated to Members.

RESOLVED that:-

(a) the report be received, and

(b) Members endorse the work to be undertaken by the Head of Highways and Transportation in progressing the interim Flood Procedures as a formal methodology for responding to land drainage flooding threats.

1401. HORSESHOE PASS - OPTIONS

A copy of a report by the Head of Highways and Transportation was circulated with the papers for the meeting.

Members were informed that views were being sought on the preferred technical solution to the A542 Horseshoe Pass land slip problem which had resulted in the road being temporarily closed to traffic. 713 It was explained that consultants Wardell Armstrong had been requested to produce a solution options report and this report had recently been received.

The Highways Service Manager provided a detailed summary of the options outlined in the report and following full consideration of each of the options Members agreed that option A2, to Construct a retaining wall in front of the affected area, be the preferred solution, this being subject to consultation with the Local Members, Local Residents and consideration being given to the Environmental Impact on the area.

The Head of Highways and Transportation confirmed that the cost of the works had been included within the Authority's submission to the National Assembly for emergency funding under the Bellwin scheme. Members were assured that the £1.5m funding pledge would be sufficient to fund any of the five options contained within the report.

RESOLVED that, subject to consultation with the Local Members, Local Residents and consideration being given to the Environmental Impact on the area, a recommendation be made to Cabinet that option A2, to Construct a retaining wall in front of the affected area, be the preferred solution.

1402. COASTAL PROTECTION/ENERGY REVIEW

The Lead Cabinet Member Environment explained that following discussions with the Corporate Director Environment it had been considered that at the present time there was insufficient information available regarding the scheme in question. It was felt that the project was an Energy Generation Scheme, and not a flood defence or tourism scheme as originally portrayed, and should at this current stage be promoted and funded by the private sector.

The Corporate Director Environment informed Members that it was difficult to gauge the scheme in its entirety at the current time and that he would have expected a Business Consortium from the private sector to provided information and take the project forward at this stage. He confirmed that consultations had taken place with neighbouring Authorities and the views ascertained had echoed those of Denbighshire County Council.

A number of Members expressed the views that the Authority should support the scheme in principle and provide encouragement to any Groups or Committee's set up to promote the scheme.

The Chair referred to the recommendation agreed at the previous meeting of the Committee and following a full and detailed discussion, it was agreed that Cabinet be requested to keep a watching brief on any future developments with regards to the future progression of Coast Protection and Power Regeneration Schemes. Members also requested that the officers continue to liaise with other Authorities regarding this issue.

RESOLVED that Cabinet be requested to keep a watching brief on any future developments with regards to the future progression of Coast Protection and Power Regeneration Schemes, and that the officers continue to liaise with other Authorities regarding this issue.

Meeting ended 1.05 p.m.

**********

714 PERSONAL SERVICES SCRUTINY COMMITTEE

Minutes of a meeting of the Personal Services Scrutiny Committee held in the Conference Room, Ty Nant, Prestatyn, on Wednesday 24th April 2001 at 2.00 p.m.

PRESENT

Councillors J. Butterfield (Chair), J.R. Hughes, N.J. Hughes, R.J.R. Jones, P.M. Jones, J.A. Smith and A.J. Tobin.

ALSO PRESENT

The Head of Strategic Planning and Support Services, Administrative Services Manager and Administrative Officer (Mrs. J.V. Pring). Ms. B. Frowen, District Audit attended as an Observer.

1403. WELCOME

The Chair welcomed Ms. Beverlea Frowen of the District Audit, Cardiff who was observing the Scrutiny Committee as part of her overall review of the interim political arrangements operating within Denbighshire.

1404. MINUTES

The minutes of the meeting held on 21st March 2001 were submitted for consideration.

RESOLVED that the minutes be approved as a correct record.

Matters arising:-

Minute No. 851 [Housing Working Party] - Councillor J.A. Smith advised that he had attended one meeting of the Housing Working Party and he would provide a verbal update report at the next Scrutiny Committee meeting.

Minute No. 860 [Vetting procedures] - The Chair advised that copies of a letter from Ann Jones, AM would be circulated to Members. Councillor J.R. Hughes raised concerns about the vetting of casual staff in respect of the time taken to complete police checks. The Administrative Services Manager stated that the corporate stance was that checks on casual employees whose duties involved substantial unsupervised access to children would be given priority. Members highlighted the need for all Directorates to adhere to the corporate policy.

Minutes No. 2 (b) [Voids and discretionary repair charges] - It was agreed that this issue should be incorporated into the work programme.

Minute No. 3 [Bryn y Neuadd] - The Head of Strategic Planning and Support Services reported that meetings had taken place to try to disentangle the funding for the resettlement programme. To date this had not been possible but it was hoped that a breakdown would be available in time for the next Scrutiny meeting.

Minute No. 4 [Llys Marchan] - The Head of Strategic Planning and Support Services advised that legal representatives of the four agencies were due to meet the following day to work on the preparation of a new leasing arrangement. The Chair requested that the Committee be kept informed of developments.

Minute No. 5 [Community Living] - The Administrative Services Manager reported that, following the Cabinet’s endorsement of the recommendations, a report would be submitted to Council on 15th May 2001. The Chair emphasised the need to have the exact wording in respect of recommendation 4 (c) on independent advocacy before the document was finalised.

715 1405. BUDGET - PROJECTED OUTTURN 2000/01

The Head of Strategic Planning and Support Services presented a report showing the projected Personal Services (Social Services) budget outturn.

Although the final set of figures would not be known until June 2001 the latest figures indicated that the final overspend would be £100,000 less than that shown in the report.

Childrens Services, in particular Out of County Placements, continued to be the problem area.

The Head of Strategic Planning and Support Services reported that, in view of the department’s determination to reduce Out of County Placement costs, Professor Bullock from the Dartington Research Unit had been engaged to undertake a systematic analysis, through case files, of the needs of the children against the services the Authority was able to provide. Once this had been completed the Professor would draw up a list of recommendations and a report would be submitted to a meeting of this Committee.

In view of Members’ concerns that the Cabinet might not fully appreciate the budgetary implications of Out of County placements, it was agreed that the Lead Member for Personal Services would need to be fully briefed to ensure that the situation was fully understood by all Members.

RESOLVED that:-

(a) the report be received, and

(b) the findings of the analysis undertaken by the Dartington Research Unit be submitted to a future meeting of the Committee.

1406. CARE.COMM PROJECT

The Head of Strategic Planning and Support Services presented a report, previously circulated, updating Members on the progress of the implementation of Care.Comm.

Although Flintshire County Council had had to delay its own internal implementation, this was not expected to affect Denbighshire’s target date of April 2002.

A Steering Group and two sub groups had been set up to co-ordinate the preparation and implementation of the system, with both sub groups consisting of Managers, Practitioners and Administrators from relevant service groups. The report also referred to the work which was due to begin on the auditing of all forms and standard letters currently used within the department.

In view of the scale and profile of the project, Members discussed whether there would be any merit in their having an input into the sub-groups. It was subsequently

RESOLVED that:-

(a) the current position regarding Care.Comm be noted;

(b) the Chair represent the Committee at meetings of the sub-groups, and

1407. SOCIAL SERVICES PERFORMANCE INDICATORS

The Head of Strategic Planning and Support Services presented a report, previously circulated, listing all the performance indicators on which the Directorate reported to the Audit Commission and the National Assembly. As a result of the Assembly’s review of the P.I.s, information would only need to be recorded on 17 indicators as from April 2001, although Authorities could still continue to monitor some of the other indicators if they wished.

716 Additionally there was a requirement to complete a number of data sets for the Assembly which would subsequently be used to generate the Performance Indicators. In view of the complexity of the schedule, the Head of Strategic Planning and Support Services highlighted the main definitions referred to and advised Members of the difficulties involved in cross referencing some of the indicators. He indicated that it would be the role of the Scrutiny Committee to check whether the targets set by the Indicators had been achieved.

In response to Members’ questions, the officer further advised that a policy agreement had been drawn up between the Authority and the Assembly regarding the achieving of targets. Once those targets had been achieved, appropriate funding would be made by the Assembly.

RESOLVED that:-

(a) the report be received and the Head of Strategic Planning and Support Services and his staff be thanked for the information provided, and

(b) the officers be requested to submit periodical reports on the Performance Indicators in order for the Committee to monitor the targets set by the Department.

1408. OCCUPATIONAL THERAPY

Pursuant to the report submitted to the February meeting of the Committee, the Head of Strategic Planning and Support Services had made enquiries of other Local Authorities regarding ways in which they provided their Occupational Health service. Manchester City Council had indicated that they had significantly reduced their waiting lists and had agreed to provide Denbighshire with a statement as to how this had been achieved.

RESOLVED that:-

(a) a further report be submitted when the information from Manchester was available, and

(b) a decision be taken when the report was presented regarding either a visit to Manchester or inviting a representative from that Authority to address the Committee.

1409. JOINT REVIEW

The Head of Strategic Planning and Support Services presented a report, previously circulated, on the Department’s preparations for the Joint Review in Denbighshire, scheduled for 2002/2003.

The report explained the procedures involved in the preparation and a list of key issues had been identified, many of which had highlighted inconsistent development across the Directorate and major gaps in terms of key policy and strategy documents. There were also problems concerning the quality of information required for planning and managing services, capacity issues and sickness levels in some areas.

The Head of Strategic Planning and Support Services suggested that Members might wish to consider their involvement in relation to the shaping and drafting of the proposals.

During discussion of the services referred to in the report, Members identified specific issues including the availability of information to the public regarding Disability Tax Credit and a suggestion from the Chair that officers may wish to consider producing a video on the Rights of Children in Care.

RESOLVED that the report be received and that a progress report be submitted to the Committee in July 2001.

1410. WORK PROGRAMME 2001/2002

Members discussed the draft work programme and identified areas to be deferred or brought forward.

717 In response to the Chair’s concerns regarding difficulties within the Disability Forum, the Head of Strategic Planning and Support Services indicated that the Forum had been asked to respond to a questionnaire and arrangements were being made for officers to meet with individual clients. A report would subsequently be submitted to the Forum.

Members also felt that there was a need to look at sickness levels within the Directorate and it was agreed that a report would be submitted to the next meeting on 22nd May 2001.

RESOLVED that the Work Programme be revised as follows:-

May - Voids; Childrens Services; Sickness levels; Out of County Placements

June - Hospital Discharge & Emergency Pressures; Mental Illness Action Plan; Home Care and Budget (the Lead Cabinet Member be invited to attend for this item)

July - Day Centres; Representation and Complaints Procedure; Care.Comm

1411. DENBIGHSHIRE FOYER

The Chair referred to correspondence she had received from Clwyd Alyn Housing Association and the Project Director of the FOYER scheme.

The latest position regarding the FOYER was that the Housing Association and the Foyer Charity Board had agreed, in principle, to investigate the option of developing a fully dispersed model. This decision had been taken because the rent levels associated with the previously recommended model of a small on-site accommodation unit would have been excessive.

During discussion, Members expressed serious doubts as to whether a dispersed model would be workable.

RESOLVED that:-

(a) copies of the correspondence be circulated to all Members of the Committee, and

(b) the Lead Cabinet Member for Personal Services and the Head of Housing be invited to the next meeting of the Committee to discuss the matter further.

The meeting ended at 4.35 p.m. **********

718 PLANNING COMMITTEE

Minutes of a meeting of the Planning Committee held in the Council Chamber, Russell House, Rhyl on Wednesday, 25th April 2001 at 10.00 a.m.

PRESENT

Councillors F.D. Jones (Chair), M.Ll. Davies, P. Douglas, A.E. Fletcher-Williams, I.M. German, M.A. German, K.N. Hawkins, D.M. Holder, N.J. Hughes, E.R. Jones (Substitute for N. Hugh-Jones), G. Jones, P.M. Jones, R.E. Jones, R.J.R. Jones, E.A. Owens, F. Shaw, J.A. Smith, S. Thomas, W.G. Thomas, A.J. Tobin, C.H. Williams, P.O. Williams and R.Ll. Williams.

ALSO PRESENT

Head of Planning Services, Legal Services Manager, Principal Planning Officer (South), Principal Planning Officer (North), Principal Planning Officer (Policy) and Administrative Officer (G. Butler).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J. Butterfield, D.W. Davies, R.W. Hughes, J.R. Hughes, N. Hugh-Jones, K.P. Stevens and K. Wells.

1412. APPLICATIONS FOR PERMISSION FOR DEVELOPMENT

The report by the Head of Planning Services (previously circulated) was submitted enumerating plans submitted and requiring determination by the Committee.

RESOLVED that:-

(a) the recommendations of the Officers, as contained within the report now submitted, be confirmed and planning consents or refusals as the case may be, be issued as appropriate under theTown and Country Planning (General Permitted Development) Order 1995, Planning and Compensation Act, 1991, Town and Country Planning Advert Regulations, 1994 and/or Planning (Listed Buildings and Conservation Areas) Act, 1990 to the development proposed by the following plans subject to the conditions enumerated in the schedule now submitted:-

(i) Consents

Application No. Description and Situation

01/2001/0048/PF (Following consideration of one additional letter of representation from Drainage Engineers). Erection of a two storey extension to existing sports hall to form a physiotherapists laboratory and gymnasium at Howells School, Denbigh. SUBJECT to new condition no.3:- 3. The development shall not commence until full details of the method of disposal of roof water from the extension have been submitted to and have been approved in writing by the Local Planning Authority. REASON - to ensure a satisfactory drainage arrangement in the interests of amenity.

15/2000/1025/PS Variation of condition 2 on planning permission 25/13934 relating to hours of operation of agricultural and commercial vehicle garage, to permit 24 hour operation within the building only, using specified plant and machinery (permitted hours of use 0800 - 1800 Monday - Friday, 0800 - 1300 Saturdays, no operation on Sundays or public holidays) at Burley Hill Garage, Pant Du Road, Eryrys, Mold. SUBJECT to an amendment to the wording condition no.1 - in consultation with the Council’s Legal Service.

719 22/2001/0277/PF (Following consideration of an amendment to the report - P37 P3(i) - extension is on the opposite side to the one previously refused - no adverse impact on neighbouring property). Erection of a conservatory to rear of dwelling at Bro Clwyd, Gellifor, Ruthin.

23/2000/1016/PF (Councillors S. Thomas and R.E. Jones declared an interest in the following application and left the Chamber during consideration thereof). (Following consideration of three additional letters of representation from Community Council - objecting and two other letters received on 23/2001/263/PO). Use of land as touring caravan site, including erection of amenity block and alterations to existing vehicular access at Oak Vale Garden Centre, Llanrhaeadr Y.C., Denbigh. SUBJECT to the inclusion of the existing dwelling house known as Oakvale within the application site, and SUBJECT to amended condition no.14 and new condition no. 15. 14. The existing hedgerow and the proposed new section required to block off the access along the road frontage of the site shall not be topped until it has reached a height of 3m above the level of the road and it shall not thereafter be reduced below 3m in height. 15. On commencement of the touring caravan site use, the occupation of the dwelling Oakvale shall be limited to a person (or persons) who is (are) engaged in the running and supervision of the touring caravan site, including the family and any dependants of that (those) person(s). REASON - to ensure the existing dwelling is retained and occupied in connection with the operation of the touring caravan site.

40/2001/0097/PC Continuation of use of premises as taxi booking office (retrospective application) at Victoria Works, Abergele Road, Bodelwyddan, Rhyl. SUBJECT to the following amended conditions 2 and 3:- 2. From the date of this decision notice other than to provide access and egress to vehicles used by person(s) operating the radio control centre, no vehicles related to the use hereby permitted shall pass through the existing security gates etc..... 3. From the date of this decision notice the existing open hard surfaced areas etc.....

41/2001/0180/PS Removal of condition no. 12 on planning permission Ref. No. 41/2000/0912/PF relating to public use of car park at Part OS Field No. 2320 The Glebe, Bodfari, Denbigh. SUBJECT to the deletion of condition no 1 on the report.

42/2000/1115/PF (Following consideration of one additional letter of representation from Environment Agency). Erection of 79 No. dwellings with associated roads and open space with 2 hectare site retained for primary school site at Plas Newydd Estate, Off Ffordd Pantcelyn, Prestatyn SUBJECT to amended condition nos. 3 and 9, new condition no. 10 and notes to applicant 1, 2 and 3:- 3. Delete “on the site” 9...... shall be implemented in accordance with a programme to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. 10. Prior to the commencement of the development details of the finished floor levels of the dwellings hereby permitted shall be submitted to and approved in writing by the Local Planning Authority and the dwellings shall be built in accordance with the approved details.

720 REASON - to take into account the location of the site within the indicative flood plain. Notes to Applicant: 1. The Environment Agency advise that the application site is within a defended tidal flood plain. 2. Your attention is drawn to the attached Highway Supplementary Notes Nos. 1, 2, 4, 5 and 10. 3. The Highway Authority advise that there will be a need for a Section 278 Agreement under the Highways Act to be entered into prior to the commencement of the development.

44/2001/0299/PF (Following consideration of one additional letter of representation from Rhuddlan Town Council). Change of use of Class A1 shop to beauty salon at 6 High Street, Rhuddlan, Rhyl.

45/2000/0498/PF (Following consideration of three additional letters of representation from M. R. Desmond, 18 Pen y Llys, Rhyl; Rhyl Town Council and The Countryside Council for Wales). Erection of 90 No. two-storey dwellings and construction of associated estate roads at Land Off Rhodfa Maen Gwyn, Rhyl. SUBJECT to amended condition nos. 4,7, 9,10 and 11 and additional note to applicant. 4. A detailed layout showing the design, means of traffic calming, signing, drainage, street lighting, provision for bus stops and construction of the internal estate roads and emergency access shall be submitted to and approved by the Local Planning Authority prior to the commencement of any site works. The emergency access shall be provided before the occupation of more than 50 dwellings hereby permitted. 7. The hatched area indicated between plots 49 and 50 on Site Layout Drawing No. DX0500/00131/2D shall be safeguarded to allow future vehicular access to the land to the east and shall not be incorporated into the garden/curtilage area of any dwelling. REASON - in the interests of the proper planning of the area. 9. Add “The surface water drainage system shall be designed in accordance with sustainable urban drainage techniques.” 10. Details of the design and construction of the pumping station including noise and smell attenuation measures shall be submitted to the Local Planning Authority prior to the commencement of the development hereby permitted. 11. Add “The play area shall be provided prior to the occupation of any of the dwellings on plots 27 - 29, 33 - 34, 46 or 75 - 78. Note to applicant - The surface water drainage scheme required by condition no.9 shall incorporate the existing ditches and land drainage on the northern boundary of the site.

45/2001/0207/PF (Following consideration of three additional letters of representation from Rhyl Town Council, M. Davies, 151 Vale Street, Rhyl and Head of Highways). Change of use of private dwelling to child care and day nursery; erection of single-storey pitched roof side extension; erection of two-storey pitched roof rear extension and alterations to existing vehicular/pedestrian access at 159 Vale Road, Rhyl. SUBJECT to amended condition nos.2, 6 and 7 and to new notes to applicant: 1 and 2:- 2. “...site plan received by the Local Planning Authority on the 10th April 2001” 6. All fencing, walling and other treatment comprised in the approved details of landscaping shall be carried out prior to the commencement of the use.

721 7. No development shall take place until the written approval of the Local Planning Authority has been obtained to the proposed materials to be used for the external surfaces of the walls of the development hereby permitted and no materials other than those approved shall be used. Notes to Applicant: 1. Your attention is drawn to the attached Highway Supplementary Notes Nos. 1, 2, 4, 5 and 10. 2. Reference has been made in representations to the presence of a natural spring under the premises subject to this planning permission. Measures will need to be incorporated within the scheme to ensure that the course of the natural spring is not adversely affected or alternative provision is made within the scheme. (Councillor M.Ll.Davies abstained from voting on this proposal).

45/2001/0250/PF (Councillor M. German declared a non pecuniary interest in the following application). Change of use from hairdressers to offices (Class B1) on ground floor at 116 Wellington Road, Rhyl.

45/2001/0259/PF Change of use of premises to Class A1 retail and Class B1 light industrial (to rear) and installation of roller shutters (partly retrospective) at The Grange, Grange Road, Rhyl. SUBJECT to amended condition no.3:- 3. Add “and the roller shutters shall be colour coated in accordance with the approved colour finish prior to their installation.”

45/2001/0268/PF Erection of first-floor pitched-roof extension over existing single-storey extension at rear of dwellinghouse at 2 Patagonia Avenue, Rhyl.

45/2001/0267/PF Change of use of part of ground floor from Class A1 shop to form extension to existing residential accommodation at 26 Diane Drive, Rhyl. SUBJECT to new condition no.3:- 3. The alterations to the front elevation as indicated on plan no. 1349/2/MAY/00 shall be completed prior to the occupation of the extended residential accommodation hereby permitted. REASON - in the interests of visual and residential amenity.

45/2001/0283/PF Change of use of former guest house to single dwelling-house at 26 John Street, Rhyl.

46/2001/0111/PF Installation of roller shutters to open-front church entrance porch at St. Winefrides Catholic Church and Presbytery, Chester Street, St. Asaph. SUBJECT to amended condition no.2:- 2. add “which shall be applied prior to the erection of the roller shutter”.

(ii) Listed Building Consent (Subject to referral to Cadw and it not being called in by National Assembly for Wales).

Application No. Description and Situation

01/2001/0158/LB Part demolition and reduction of wall, construction of new wall, layout of car park, associated lighting, landscaping and erection of gates at Howells School, Denbigh. SUBJECT to new condition no.4:- 4. The hours of operation of the lights shall be agreed with the Local Planning Authority prior to their first use. REASON - in the interests of visual amenity.

722 01/2001/0120/LB Demolition and extension of existing vacant flats into 2 dwellings at 53 Vale Street, Denbigh. SUBJECT to amended condition no.6:- 6. The method of glazing shall be linseed oil putty, single glazed with finishes to be an “off white” gloss OYSTER Colour (BS Code 10B15), unless otherwise agreed in writing with the Local Planning Authority. Also the details shall be submitted for approval for the method of sash opening, detail of insertion method including extent of recessing of the frame within the reveal lintel detail, cill detail and method of shedding water from the lower rail of frames; with the approved details thereafter implemented before the dwellings are brought into use.

(iii) Refusal

Application No. Description and Situation

45/2001/0168/PC Retention of satelite dish (retrospective application) at 76 Marsh Road, Rhyl.

(b) the following decision of the Committee to grant planning permission in respect of an application from a Council Member be referred to full Council in accordance with Minute No.5 of 15th February 1996:-

Application No. Description and Situation

44/2001/0255/PF (Councillor S. Thomas declared an interest in the following application and left the Chamber during consideration thereof). (Following consideration of one additional letter of representation from Rhuddlan Town Council). Change of use of land to form extension to existing touring park and siting of 6 No. Touring caravans at land adjoining Clwyd View, Marsh Road, Rhuddlan, Rhyl. SUBJECT to new conditions nos. 1 and 2. 1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. 2. No touring caravans shall be accommodated (including stored) on the site outside the following period: 1 April - 31 October in any year (previously condition 1).

Application No. Description and Situation

03/2000/0884/PF (Following consideration of 4 additional letters of representation from Llangollen Town Council, Llangollen Civic Society, British Waterways and Wirral Community Narrowboat Trust). Development of land by the construction of overnight moorings for up to 32 canal boats and the construction of a footbridge and associated ramp at Llangollen Mooring Basin, Dinbren Road, Llangollen. The decision, being CONTRARY to the Officers’ Recommendation was taken for the following reason:- REASON - that the design detailing of the bridge would be unacceptable in this location.

723 (ch) notwithstanding the recommendation of the officers, the following applications be deferred for the reasons indicated:-

Application No. Description and Situation

23/2001/0263/PC (Councillors S. Thomas and R.E. Jones declared an interest in the following application and left the Chamber during consideration thereof). Variation of condition 5 of planning permission granted under Code No. 34/11074, restricting occupancy of dwelling to persons employed in the running of adjacent Garden Centre, to restrict occupancy to a person (or persons) who is (are) engaged in the running and supervision of the touring caravan site forming the family and any dependants of that (those) persons(s) at Oak Vale Garden Centre, Llanrhaeadr, Denbigh. REASON - to negotiate withdrawal of this application in the light of the decision in Application No. 23/2000/1016/PF.

30/2001/0181/PF (Following consideration of 1 additional letter of representation from Head of Highways). Demolition of existing cottage and erection of replacement dwelling and construction of new vehicular access at Dolwar, Trefnant, Denbigh. REASON - for further discussions with applicant as to possibility of accessing site from Llys y Erwain to the north.

46/2001/0280/LB Installation of 2 No. Solar water heating collectors to roof of Grade II listed building at 2 Rosehill House, Glascoed Road, St. Asaph. REASON - to allow further appraisal of impact of works on the listed building.

47/2001/0310/PF (Following consideration of 1 additional letter of representation from Tremeirchion/Cwm/Waen Community Council). Installation of 20m high monopole tower, antennae, equipment cabin and compound at Fachwen Farm, Waen, St. Asaph. REASON - to look at possibility of tree-effect pole or resiting to nearby electricity pylon.

(d) notwithstanding the recommendation of the officers the following applications be deferred to enable site inspections to be undertaken.

Application No. Description and Situation

15/2001/0186/PO (Following consideration of 12 additional letters of representation from A.J. & B. Rigby, Bronallt, Llanarmon yn Ial, Llanarmon Community Council, Llanarmon and District Conservation Society and 9 individuals). Development of a 0.1 ha. of land by the erection of a dwelling and formation of a new vehicular access (outline application) at land adjoining Cam-Yr-Alyn, Llandegla Road, Llanarmon-yn-Ial.

23/2001/0031/PF (Councillor S. Thomas declared an interest in the following application and left the Chamber during consideration thereof). (Following consideration of 1 additional letter of representation from County Landscape Architect). Siting of additional 6 touring caravans and associated tenting to total 18 touring caravans (12 touring caravans and camping site previously allowed on appeal under code 34/4243), landscaping proposals and alterations to existing vehicular and pedestrian access at Caer Mynydd Caravan Park, Saron, Denbigh.

724 23/2001/0032/PF (Councillor S. Thomas declared an interest in the following application and left the Chamber during consideration thereof). Erection of an amenity building (toilets and laundry) and installation of a new septic tank and associated works at Caer Mynydd Caravan Park, Saron, Denbigh.

1413. DATE OF SITE VISIT

The Head of Planning Services’ written report (previously circulated) was submitted seeking approval for site visits arising from Agenda Item No.1 to be held on Monday, 30th April, 2001 and advising of the current membership of the Site Visit Panel.

RESOLVED that the approved site visits be held on Monday, 30th April 2001.

1414. ENFORCEMENT MATTER

ENF/101/01/N

Unauthorised Satelite Dish at 76 Marsh Road, Rhyl

RESOLVED that authorisation be granted for the following:-

(a) Serve an Enforcement Notice to secure the removal of the unauthorised satellite dish, and

(b) Instigate prosecution proceedings, or other appropriate action, under the Planning Acts against the person, or persons, upon whom any Enforcement Notice or other such Notice is served, or against whom legal action is taken should they fail to comply with the requirements thereof.

1415. NATIONAL ASSEMBLY FOR WALES - DRAFT PLANNING POLICY (WALES)

The Head of Planning Services’ written report (previously circulated) was submitted seeking a Council response to the NAW Draft Planning Guidance (Wales) and detailing the main changes and issues and detailed suggested comments for submission to National Assembly.

RESOLVED that:-

(a) the principal points raised in the Report along with the detailed matters raised in the attached Appendix form the basis for the Council’s response, to include further issues relating to the Welsh dimension, and

(b) responses received from other departments and services be passed on to NAW.

The Officers were thanked for the comprehensive report.

1416. LIST OF APPLICATIONS DEALT WITH UNDER DELEGATED POWERS

The Head of Planning Services submitted his written report (previously circulated) of applications for Planning Permission determined by him under delegated authority between 10th March 2001 until 6th April 2001.

RESOLVED that the report be received.

The meeting closed at 12.15 p.m.

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725 BEST VALUE SCRUTINY COMMITTEE

Minutes of the meeting of the Best Value Scrutiny Committee held in the Committee Room, Russell House, Churton Road, Rhyl on Wednesday, 25th April, 2001 at 2.00 p.m.

PRESENT

Councillors A.E. Fletcher-Williams (Chair), D. Jones, F.D. Jones, G. Jones and C.H. Williams.

ALSO PRESENT

Administration Services Manager, Head of Personnel, Head of Exchequer Services, Principal Personnel Officer and Assistant Personnel Officer.

1417. MINUTES

RESOLVED that the Minutes of the meeting held on 28th March, 2001 (previously circulated) be approved as a correct record.

1418. EXCLUSION OF PRESS AND PUBLIC

1419. PAYROLL BEST VALUE SERVICE REVIEW

The Head of Exchequer Services submitted his confidential report (previously circulated) regarding the Payroll Best Value Service Review and with the aid of slides highlighted the scope of the review, make-up of the project team, service profile, SWOT analysis; the challenge, consultation, comparison and competition elements of the Review together with conclusions and recommendations.

The Head of Exchequer Services concluded by informing the Committee that the Service Review had shown that the present arrangement of delivering Payroll Services in-house, using in-house IT software, was currently providing Best Value for the Authority and invited Members' attention to the Payroll Action Plan drawn up in response to the Best Value Service Review.

During the ensuing discussion the Head of Exchequer Services responded to Members' various questions concerning the Best Value Service Review process, challenge mechanism and delivery of the current Payroll Services system.

The Chair thanked the Head of Exchequer Services for the presentation and it was:-

RESOLVED that the Payroll Best Value Service Review be signed off ready for inspection.

1420. PERSONNEL SERVICES BEST VALUE SERVICE REVIEW

The Head of Personnel submitted his confidential report (previously circulated) regarding the Personnel Services Best Value Review. With the aid of slides the Head of Personnel and the Assistant Personnel Officer gave a joint presentation highlighting the scope of the review, make-up of the project team, service profile, SWOT Analysis; the challenge, consultation, comparison and competition elements of the Review together with conclusions and recommendations.

The Head of Personnel concluded by informing Members that the Service Review had shown that the present arrangement of delivery Personnel Services in-house was currently providing Best Value for the Authority and invited Members' attention to the Action Plan for 2001 - 2002 drawn up in response to the Best Value Service Review.

726 Members took the opportunity to raise various questions with the Head of Personnel particularly relating to the bilingual policies of the Council. The Chair thanked the Head of Personnel and his staff for the presentation and it was:-

RESOLVED that the Personnel Services Best Value Service Review be signed off ready for inspection.

1421. RETIREMENT

The Chair referred to the impending retirement of the Head of Personnel and on behalf of the Committee wished him a long and happy retirement.

The meeting concluded at 3.10 p.m.

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