1 Agenda Item No. 2(A)

Agenda Item No. 2(a)

DENBIGHSHIRE COUNTY COUNCIL

Minutes of the County Council held in the Council Chamber, County Hall, Ruthin on Tuesday 18th September 2007 at 10.00 a.m.

PRESENT

Councillor K N Hawkins (Chairman), J R Bartley, R E Barton, B Blakeley, J Butterfield, D Cooper, M Ll Davies, S A Davies, P A Dobb, E C Edwards, G C Evans, H H Evans, D Hannam, C L Hughes, R W Hughes, T R Hughes, N Hugh-Jones, E R Jones, M M Jones, G M Kensler, P J Marfleet, D Owens, G J Pickering, N P Roberts, S Roberts, G O Rowlands, J A Smith, D A J Thomas, S Thomas, M A Webster, C H Williams, E W Williams and R Ll. Williams.

ALSO PRESENT

Deputy Chief Executive, Corporate Directors, County Clerk and Administration Services Manager

PRAYERS

Canon Dr R Bayley offered prayers at the commencement of the meeting.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J Chamberlain Jones, J M Davies, P C Duffy, I M German, M A German, T K Hodgson, N J Hughes, D Jones, G A Jones, P W Owen, J Thompson-Hill, G Williams and the Chief Executive.

ANNOUNCEMENTS

(i) The Chairman expressed his appreciation to his Chaplain and the Civic Officer (E Woolford) for the arrangements made for his Civic Service held on 9 September.

(ii) The Leader referred to the absence of a number of Prestatyn Members who were attending a meeting called by the local MP. She felt that such a clash of meeting should be avoided and the MP be informed accordingly.

PETITION

Councillor S Roberts presented a petition to the Chairman on behalf of residents from East Rhyl requesting the Council to introduce a bye-law to prevent members of the public feeding seagulls.

RESOLVED that the County Clerk be requested to acknowledge and consider the petition.

1 1 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 which required urgent attention:-

(i) Support for a North Wales Prison (ii) Special Council re: Estyn Inspection Report

2 SPECIAL COUNCIL RE: ESTYN INSPECTION REPORT

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

Councillor P J Marfleet proposed that an extraordinary meeting of the Council be held at the earliest opportunity and by no later than early October to discuss the findings of the recent Estyn inspection report of the County’s education services. He felt that most members were Governors of schools and therefore needed to discuss the report as soon as possible particularly as press statements were to be made at the end of the week on behalf of the County Council. Councillor Marfleet indicated that a letter from the Labour Group to the Chief Executive had also called for an early meeting to be held.

The Leader of the Council referred to the draft timetable sent out to members by the Chief Executive and agreed that full Council needed to discuss the report. Councillor R W Hughes indicated that it was a Cabinet function to draw up the action plan in response to the report and the intention to submit that action plan to a special Council Meeting on 17th October. She emphasised the need for full consultation on both the Estyn report and the Modernising Education report published by Cambridge Education. Councillor Hughes referred to the informal session to be held for members that afternoon which would be immediately followed by a briefing session for Headteachers/Governors etc.

The Deputy Chief Executive endorsed the Leader’s comments and indicated that the Estyn report was not due for publication until Friday 21st September. He reported that a further briefing session would be held for members on 25th September and the intention to submit the Action Plan to Council in mid October.

The Leader of the Council emphasised that many issues raised by members would be covered in the briefing session that afternoon and reiterated the need to have discussions with Schools/Governors before Council debated the issue.

The Lead Member for Schools and Lifelong Learning indicated that the Council had 40 working days to respond to the Estyn report and felt that it would be inappropriate to call an early Council Meeting.

The Corporate Director: Lifelong Learning felt that it was a very important week for education in Denbighshire and emphasised the need to follow the correct processes. He suggested that members needed time to consider the contents of the report and to engage in discussions in their own communities/schools. He also felt that it was

2 too early to call a Special Council to discuss the Estyn report. The County Clerk reiterated the need to have proper mechanisms in place to discuss both documents and referred to the opportunity for members to have those discussions on the 25th September.

Councillor R W Hughes proposed an amendment, seconded by Councillor D Owens that a special meeting of the Council be held on Wednesday 17th October to discuss the Estyn Action Plan. Upon being put to the vote the amendment was CARRIED and it was

RESOLVED that a Special Meeting of the Council be held on 17th October, 2007 to discuss the Estyn Action Plan.

3 MINUTES OF THE COUNCIL

The Minutes of the ordinary meeting of County Council held on 31st July 2007 (previously circulated) were submitted.

Matters arising

(i) Page 6 – Review of Senior Salaries – Councillor S A Davies reported that he had contacted the Chief Executive with an offer to Chair a politically balanced working group to made recommendations to Council in the light of the review that would be conducted by external consultants.

(ii) Page 11 – Notices of Motion – Councillor R E Barton requested that Notices of Motion be placed at the beginning of the agenda to avoid such notices not being considered if a meeting became inquorate.

RESOLVED that the minutes of the ordinary meeting of the Council held on 31st July 2007 be approved as a correct record

4 VOLUME OF MINUTES

RESOLVED that the Volume of Minutes for the Council’s various meetings for the period 22nd May to 31st July 2007 be received and noted.

5 CHAIRMAN’S REPORT

The Chairman verbally reported upon the diary of events he and the Vice-Chairman had hosted/attended during August/September 2007 (circulated at the meeting). He particularly referred to: -

(i) his attendance at the Open Day at the Aberwheeler Nurseries and expressed disappointment at the low turn out by members

(ii) his attendance at the opening of the new restaurant at Ffrith Beach and

(iii) his Civic Service held on 9th September which raised £430 for charity

3 RESOLVED that the report be received and noted.

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 14 and 15 of Part 4 of Schedule 12A of the Local Government Act 1972.

6 2007/08 – 2009/10 CAPITAL PLAN

The Lead Member for Finance and Procurement submitted a confidential report (previously circulated) requesting Council to note the latest position on the 2007/08 element of the Capital Plan and to agree to proceed no further with the Ryder Cup Golf project in Rhyl.

Councillor G O Rowlands took members through the report particularly referring to the position with the current projects and the project proposals being developed. He reported upon the decision to not to proceed with the Ryder Cup Gold project in Rhyl which did not meet the capital project criteria and had a high risk element involved with the project. Councillor Rowlands finally referred to the capital receipts and indicated that the disposals expected in July had been delayed until October due to unexpected problems.

Councillor D A Thomas expressed disappointment that the Ryder Cup Golf project was not proceeding and requested that a report be submitted back to Council on how/why the scheme had changed from the original project. He indicated that the scheme had started out as a community enterprise comprising of a nine hole golf course. However the scheme had developed to incorporate a driving range which had revenue implications.

The Lead Member for Tourism, Culture and Heritage indicated that the Ryder Cup Fund was happy to proceed with the scheme but the other funding mechanisms had not met the capital project criteria. Councillor S Roberts indicated that Rhyl Town Council had been updated on the status of the project.

The Deputy Chief Executive indicated that he would be happy to undertake a post audit review of the scheme.

Councilor S Thomas expressed concern over the delay in the disposal of assets which affected capital receipts.

Councillor P J Marfleet agreed with the decision not to proceed with the Ryder Cup Golf project and echoed the comments made by Councillor S Thomas on capital sales. He felt that the capital prioritisation scheme was well managed with all projects being with budget and congratulated the Lead Member and officers on their achievements.

4 In response to members’ comments/questions the Deputy Chief Executive reported that

• he would address the bilingual signage issues at the new offices in Brighton Road, Rhyl

• the issue of landfill grants would form part of the review on the Ryder Cup Golf project

• the capital spend within Lifelong Learning had specifically addressed the health and safely issues in schools

• the spend on the offices at Brighton Road had been met primarily by the Council together with a contribution for dilapidation costs from the former tenant.

RESOLVED that

(a) the latest position on the 2007/08 element of the Capital Plan be noted;

(b) the decision to proceed no further with the Ryder Cup Golf project in Rhyl be agreed, and

7 SINGLE STATUS – UPDATE ON NEGOTIATIONS AND COMPENSATION PAYMENTS

The Head of Personnel submitted a confidential report (previously circulated) requesting Council to:-

- note the current position on negotiations with the trade unions and to - agree that arrangements be made for a Special Council to be held at the end of October

The Head of Personnel introduced the Single Status team of officers to Council and took members through the report. She updated members on the current negotiations with the trade unions relating to the draft Collective Agreement, protection, an equality impact assessment undertaken by Hay and compensation issues. The Deputy Chief Executive referred to appendix 2 of the report relating to the pay and grading review and the estimated financial impact for the Council over the next 6 years.

The Lead Member for Policy, Communications and Improvement thanked the Head of Personnel and her team for all their work done on Single Status. Councillor S A Davies felt that pressure from national unions often had a detrimental affect on local negotiations.

5 Councillor P J Marfleet agreed with the stance taken on weekend enhancements and referred to the benefits that Single Status would bring to 64% of the staff. He complimented the local trade unions on their negotiations but felt that payments for weekend enhancement could not be sustained without raising the Council Tax which would have a detrimental affect on the residents in Denbighshire.

The Chair of the LJCC, Councillor M Ll Davies referred to the excellent work carried out by the Single Status team and also acknowledged the work done by the local unions and the LJCC itself.

The Deputy Chief Executive reported that it was intended that a final report would be submitted to a meeting of the LJCC on 16th October and arrangements would be made to hold a Special Council towards the end of October for final approval.

RESOLVED that

(a) the current position on negotiations with the Trade Unions be noted and

(b) arrangements for a Special Council to be held at the end of October be agreed

At this juncture (11.50 am) the meeting adjourned to allow members to partake in refreshments.

OPEN SESSION Upon completion of the foregoing the meeting resumed in open session.

8 AUDIT OF STATEMENT OF ACCOUNTS 2006/07

The Corporate Director: Resources submitted a report (previously circulated) requesting Council to delegate the final approval of the audited Statement of Accounts to the Corporate Governance Committee. He explained the reason for the proposed delegation and updated members on the following:-

• the audit of the accounts was nearly completed and the Council was expecting an unqualified opinion

• a large debate was taking place in Wales on the accounting for Single Status and particularly on compensation. The auditors were happy with Denbighshire’s position

• post balance sheets would be reported back to the auditors

• the Corporate Director: Resources also advised that the Council had £2.2m invested in Northern Rock Bank. This was due to mature on 21st September.

The Lead Member for Finance and Procurement thanked the officers for all their hard work and in achieving, yet again, an unqualified opinion on the accounts. The Chair of the Corporate Governance Committee, Councillor J Butterfield indicated that she was happy for the committee to consider the audit of accounts.

RESOLVED that the final approval of the audited Statement of Accounts for 2006/07 be delegated to the Corporate Governance Committee.

9 DENBIGHSHIRE COUNTY COUNCIL’S DRAFT EFFICIENCY STRATEGY 2007- 2010

The Lead Member for Finance and Procurement submitted a report (previously circulated) requesting Council to consider and agree the above Strategy and draft Action Plan. Councillor G O Rowlands reported that:-

• Every Council in Wales had to evidence 1% of efficiency gains every year for five years. For Denbighshire County Council that meant £7.5m by 2010 or just over £1.5m every year and in order to meet increasing pressures on services and lower settlements from the Assembly, an annual efficiency target of £2.5 million from 08/09 was proposed.

• The Efficiency Strategy had set out the Council’s approach over the next three years to reaching and exceeding the Assembly’s efficiency target and improving services to Denbighshire citizens. The draft Efficiency Strategy had been produced in the policy context of the County’s twenty-year Vision.

• The Change Management Board would oversee delivery of the Efficiency Strategy and Membership of the Board consisted of the Leader, Deputy Leader, Lead Member for Finance and Procurement and the Corporate Executive Team (CET).

• The Efficiency Strategy was structured under five key strands:-

Collaboration Procurement Savings to be made by Denbighshire County Council Improving Productivity Reducing the number of buildings Making our workforce fit for the future

• The following efficiency projects were already being progressed including:-

an increase in staff productivity through improved absence and performance management

a reduction in office building occupancy through mobile and flexible working arrangements

the streamlining of support services

• A variety of collaborative projects were also being overseen by the North Wales Regional Partnership Board and by officers in the North Wales authorities and

7 • Following an efficiency event for senior management on the 18th April a number of key areas were identified as efficiency projects to take forward and those had been incorporated into the strategy:-

The Corporate Director: Resources indicated that the Efficiency Strategy had to be considered in the wider context and account had to be taken of Single Status costs, the escalation of waste management costs, Supporting People formula changes and the Assembly initiative to review the current distribution methodology for education funding which could result in a reduction of funding for North Wales authorities.

Councillor S Roberts appreciated the need for efficiency saving but raised concern over the target of £276k (3.16) within tourism and would need to discuss the target further with officers.

Members took the opportunity to discuss the various elements of the Efficiency Strategic and in response to question/comments the Corporate Director: Resources reported that

• the anticipated settlement from the Assembly was likely to produce a neutral budget

• the £2.5m savings was higher than the 1% required, but was set at a level to allow members flexibility

• procurement was a fundamental aspect on efficiency and implementation of E – procurement would not affect the current procurement process

• procurement initiatives by the Council was available to schools

• he would look at the problem of delays in asset disposals

• the Bright Ideas scheme was progressing well and investment in new IT developments could result in improved working practices and better use of Council buildings

RESOLVED that the Denbighshire County Council’s draft Efficiency Strategy 2007 – 2009 (Appendix 1) and draft Action Plan (Appendix 2) be approved.

10 REVIEW OF PLANNING COMMITTEE PROCEDURES

The Head of Planning and Public Protection submitted a report (previously circulated) requesting Council to agree revised Planning Committee procedures. He indicated that the proposed changes to the Delegation Scheme and Site Inspection Panel Procedures were relatively minor and he briefly outlined the background and reasons for the changes as detailed in the report.

Councillor S Thomas felt that objections to planning applications from Town Councils were often not material considerations and should not be reported to be Planning Committee. The Head of Planning and Public Protection indicated that such objections were covered in the scheme but suggested that officers should have a

8 stricter view on those objections before presenting them to committee. Councillor Thomas proposed an amendment to Appendix 2 Paragraph C(i) that in the event of a local member not being able to attend a Site Inspection Panel that member be allowed to appoint a substitute.

Councillor R E Barton suggested that an amendment be made to Appendix 1 Part 1 (i) line 4 substituting the word “neighbours” to “residents”. He also felt that membership of the Site Panels should revert back to its previous membership. Councillor Barton proposed that the officers’ proposed amendment in Appendix 2 Paragraph D1 be extended from four to five working days to enable officers time to organize the Site Panels and make contact with the Local Member and Community Council. The Head of Planning and Public Protection responded by stating that:-

• the definition of “neighbours” was required in the scheme

• he was happy to accommodate the 5 day notice and

• the current membership of the Site Inspection Panels was not a problem

RESOLVED that

(a) subject to the following amendments the recommendations set out in the report and the attached appendices be approved:-

• Appendix 2 Paragraph D1 – amend to 5 working days before the date set for Site Inspection Panels by the Planning Committee ie by the end of the Friday of the previous week that the Site Inspection takes place

• Appendix 2 Paragraph c(i) – in the event of a local member not being able to attend a Site Inspection Panel that member be allowed to appoint a substitute.

11 NOTICE OF MOTION (1)

Councillor R E Barton submitted the following Notice of Motion for consideration.

“That the Corporate Governance Committee considers the reinstatement of the sentence shown in bold in the Protocol for Member/Officer Relations in the Constitution:

8.2 The authority recognises the essential role of the member in his/her ward representing the interests and issues of the people of the ward. All officers therefore should always consider local members during their work as a matter of course. Local members should be kept informed of anything which may affect their work so that their views may be taken into account as the work progresses. Care should be taken that the local member does not first find out about something which is happening in his/her ward from his/her constituents or in the press!”

RESOLVED that the Notice of Motion be supported and the matter be referred to the Corporate Governance Committee for consideration.

12 NOTICE OF MOTION (2)

Councillor R E Barton submitted the following Notion of Motion for consideration.

“Following the WLGA Regional Workshops on Renewable Energy for Elected Members held in Llandudno on 13th July and the recent adoption of the Council’s Sustainable Development Plan, that the Council investigates the establishment of a dedicated Home Energy Conservation Section covering public and private sector housing.

This could be achieved through the Spend to Save initiative, utilising the Working Together as the Welsh Public Service agenda and the North Wales Regional Partnership Board." Councillor Barton proposed, seconded by Councillor G M Kensler that the Notice of Motion be submitted to the Environment Security Committee for consideration Councillor P A Dobb indicated that home energy conservation initiatives were already in place and referred to the affordable warmth initiative that had been set up which would be included as a bid in the next budget round. Councillor E W Williams felt that the motion should be part of the budget process and needed to be costed out. Upon being put to the vote it was

RESOLVED that the Notice of Motion be not supported.

13 COMMITTEE MEMBERSHIP

The County Clerk requested Council to approve the following change to Committee Membership

- Social Services and Housing Scrutiny Committee – Councillor N. Hugh-Jones to fill Independent vacancy.

RESOLVED that the change to the committee membership as detailed above be approved.

14 COUNTY COUNCIL FORWARD WORK PROGRAMME

The County Clerk submitted the County Council Forward Work Programme for consideration. He referred to the following additions to the Work Programme

- Special Council – Estyn Action Plan 17th October - Review of 16 – 19 Provision in Rhyl – November - Relationship Manager’s Annual Letter – November - Byelaws on Employment of Children – November - Update on Licensing Policy – November - Joint Presentation re: Police Community Support officers – Community Safety – to be scheduled

RESOLVED that the County Council Forward Work Programme, as amended, be received and noted.

15 LOCATION OF A PRISON IN NORTH WALES

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

The County Clerk reported that Ministry of Justice officials would be visiting potential sites for a prison week commencing 24 September. He indicated that North Wales Regional Partnership Board had discussed the advantage of each Council passing a resolution to support, in principle, the need for a prison in North Wales.

RESOLVED that this authority supports, in principle, the need for a prison in North Wales.

The meeting concluded at 1.35 pm

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11 Agenda Item No. 2(b)

DENBIGHSHIRE COUNTY COUNCIL

Minutes of the special meeting of the County Council held in the Council Chamber, County Hall, Ruthin on Wednesday 17th October 2007 at 9.00 a.m.

PRESENT

Councillor K N Hawkins (Chairman), J R Bartley, R E Barton, B Blakeley, J Butterfield, J Chamberlain-Jones, D Cooper, M Ll Davies, S A Davies, E C Edwards, G C Evans, H H Evans, S Frobisher, I M German, M A German, D Hannam, C L Hughes, N J Hughes, R W Hughes, N Hugh-Jones, E R Jones, H Jones, M M Jones, G M Kensler, P J Marfleet, D Owens, G J Pickering, N P Roberts, G O Rowlands, J A Smith, D A J Thomas, S Thomas, J Thompson-Hill, C H Williams, E W Williams, G Williams and R Ll Williams.

ALSO PRESENT

Chief Executive, Corporate Directors, Legal Services Manager and Administration Services Manager.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J M Davies, P A Dobb, T K Hodgson, T R Hughes, D Jones, G A Jones, P W Owen, S Roberts, M A Webster and the County Clerk.

1 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 matter which required urgent attention:-

Notice of Question submitted by Councillor C L Hughes.

2 COUNCIL PRIORITY FOR EDUCATION

The Chief Executive submitted a report (previously circulated) requesting Council to agree the amendment of the Council priority for education - currently Improving School Buildings - to School Improvement. He indicated that the amendment of the Council’s Corporate Priorities was required to reflect the need to improve standards of education in Denbighshire. The Cambridge Education Report - Modernising Education - and the recent Estyn Report had demonstrated the urgent need to place greater emphasis on education as a whole and for the County Council to recognize the importance of improving education standards as a corporate priority. The Chief Executive referred to Denbighshire County Council’s Statement of Intent (circulated at the meeting) and requested Members to approve that document. With the aid of a power point presentation he referred to the high level of investment in school buildings over the past two years and the £3.7m spend on highways throughout the County. He emphasised that the new School Improvement Priority would include school buildings.

The Financial Controller referred to the recent announcement of the Government’s Spending Review for the next 3 years which placed tight restrictions on public sector spending. He indicated that this authority’s settlement over the past few years had been good because of the spending formula used by the Assembly. However, that formula was changing which would be detrimental to Denbighshire’s settlement. He indicated that the base settlement would be likely to show a 2.7% increase compared with 4% for this year.

The Financial Controller also indicated that the mid November provisional settlement would produce fixed settlements for 2008/09 and 2009/10 with a projected figure for 2010/11. He also referred to the three year Actuarial Review undertaken by the Clwyd Pension Fund and the probability that the Council would need to increase contributions to the fund by £0.5m for 2008/09.

The Chief Executive referred to the possible impact of changing the priority but he hoped to avoid a reduction in other services. He referred to the costs of implementing the Estyn Action Plan and the possibility that for this year the Council might have to use reserves to fund some actions. He referred to the need to look at collaboration both within the Council and with external partners and emphasised that the Council had already done some forward planning with the adoption of the Efficiency Strategy.

The Chief Executive reported that the changed priority would bring about a change in monitoring performance and indicated that a Schools Standards Monitoring Group had been set up which would introduce different ways of reporting performance to Cabinet and Scrutiny. He also emphasised the need to improve working relationships between Social Services and Education Departments as indicated in the Estyn Report.

Mr T Byrne, interim Head of School Improvement, referred to the draft Estyn Action Plan and commended the work done by all officers in such a short period of time. He indicated that the key actions in the Plan were currently being costed out by the Corporate Director: Resources and his team. He also reported that the Modernising Education Executive Group had adopted the current methodology for the Plan which would enable the Assembly/Estyn to track through all the actions.

With the aid of a power point presentation the Principal Management Accountant (P McGrady) referred to the methodology used for the Action Plan (copy circulated at the meeting) with key actions being downloaded to individual Work Plans which would assist officers in the delivery of those key actions. He referred to the Risk Assessments to be undertaken on each work plan and the financial information required to implement each plan.

The Education Officer, Partnerships (Lisa Leece) referred to the extensive information gathered from all Directorates / Schools / Governors in producing the draft Action Plans and the holding of a Saturday morning session for Governors to have an input into the plan. She endorsed the positive step taken in adopting the corporate methodology on project management and welcomed the support from the WLGA in developing the Plan.

The Chief Executive invited Members to comment on the methodology for the Action Plan, Statement of Intent and the changed Council priority for education.

Methodology for Action Plan

Councillor P J Marfleet welcomed the excellent approach on the proposed methodology for the Plan. With reference to the risk assessment he hoped that slippage in one area would not jeopardise other processes. He also indicated that the Action Plan did not have any reference to the Assembly needing to look at the funding formula for education in Wales. Councillor Marfleet referred to the previous Council priorities which were mainly capital priorities, except Public Realm, and queried whether the changed priority would alter the capital prioritisation process and have implications for the Capital Plan.

Councillor R E Barton felt that the Action Plan did not contain any feedback loops. He felt that a special meeting of the Resources Scrutiny Committee would need to be convened to look at the financial figures before the Plan was signed off. Councillor Barton also referred to the training programme for teachers and what cover would be provided by schools. In conclusion he felt that there was a need to review how the Council had ended up in the current position.

Councillor E W Williams felt that Cabinet / Scrutiny Members would need to understand the impact if the Council priorities changed. He emphasised the need for Councillors to be engaged in the process and welcomed the methodology to be used for the Plan. Councillor G Williams queried whether Headteachers / Governors would be consulted before the Plan was submitted to the Assembly.

Councillor N H Jones paid tribute to the team that had been brought together to develop the Plan but queried whether the authority had sufficient support officers to assist schools in the County.

The Leader of the Council referred to the publication of the Cambridge and Estyn reports which had exposed the current state of education in Denbighshire. She emphasised the need for change and for all Members to participate in the process.

In response to Members’ questions the Principal Management Accountant reported that:-

• the change in priority would impact on the capital prioritisation process and scoring would change; • capital bids had now been invited for 2008/09 which would be submitted to Council but would also contain revenue implications; • work plans were currently being costed up and would be subject to revenue bids for 2008/09; • work plans would be fed back to officers for implementation and would ultimately be subject to challenge by the Assembly; • the draft Action Plan would be completed by 26 October and submitted to Cabinet on 30 October, and

3 • a considerable amount of consultation had already been undertaken with Headteachers / School / Governors regarding the Action Plan and the methodology had brought it all together with actions developed into the Work Plans.

The Chief Executive reported that:-

• the issue of support officers was being addressed in the Action Plan; • the Welsh Assembly Government would need to be lobbied regarding the funding formula, and • there would be consultation with Headteachers on how the final draft could be signed off.

Statement of Intent

Councillor R E Barton felt that the wording of the first paragraph should be strengthened to read “to achieve significantly better outcomes for children and young people”. Councillor G M Kensler suggested that the statement should include a reference to the better co-operation required between Social Services and the Education Department.

Councillor E W Williams indicated that the statement reflected what Councillors were already thinking and he was happy to support the Statement.

Councillor J Butterfield referred to the self assessment document on Education Services published in 2005 which did not highlight any significant problems with the service which was in complete contrast to the Estyn Report. She indicated that Councillors needed to have confidence that the service would change. Councillor R W Hughes accepted the findings in the Estyn report but referred to the many excellent services being provided in the County.

Councillor N Roberts referred to the comment in the statement “our aspiration is for a first class education service”. He felt that many schools were already providing a first class education service. Councillor E W Williams felt that the wording should read “our aspiration is for all schools to offer a first class education service”.

In response to Members’ comments the Chief Executive:-

• thanked Members for their general support of the statement; • indicated that some elements of the Estyn report were out for consultation e.g. Post 16-19 Provision in Rhyl;’ • reported that closer co-operation between Social Services and Education Departments was identified in the Estyn report, and • indicated that the staff involved in the preparation of the self evaluation document naturally tried to put a positive slant on the education service but unfortunately did get it wrong on the position of the authority compared to Estyn’s conclusions.

Members subsequently agreed to the two minor amendments to the Statement proposed by Councillors R.E. Barton and E.W. Williams referred to above.

At this juncture (10.25 a.m.) the meeting adjourned for 10 minutes to alllow Members to partake in refreshments.

Changed Council Priority for Education

Councillor D Owens suggested that the priority should read “School and Educational Improvement”.

In response to a comment from Councillor G J Pickering the Leader of the Council indicated that the final Action Plan would have all the relevant costings. Councillor R W Hughes stressed that education needed to be a main priority for the Council but felt that the Council was right to prioritise school buildings previously as the state of those buildings had been highlighted by previous Estyn reports, schools, governors, etc.

Councillor E W Williams raised concerns that the other main priorities for the Council i.e. Highways and the Public Realm would suffer if the priorities were changed.

Councillor G M Kensler supported the change in priorities but raised concerns over the possible effects on other Departments in the Council.

Councillor P J Marfleet referred to the forthcoming pressures on the Council relating to the reduction in the Supporting People Grant, Waste Management issues, funding of Single Status. He indicated that he was happy with the changed priority but expected all Departments to seek greater value for money. Councillor Marfleet also felt that the funding formula used by the Assembly should be looked at and local AMs and MPs be involved in that process.

Councillor J Thompson-Hill indicated that the Council had a good record on supporting the Council’s priorities through capital spend but felt that the changed priority could affect the Capital Plan.

Councillor D A J Thomas referred to the need to have a robust monitoring and evaluation process and to revisit the Vision and Priorities of the Council. He also raised concerns that all monies had not been passported to schools and held back for support services. Councillor Thomas also referred to the PricewaterhouseCoopers report and queried whether the recommendations in that report had been included in the Action Plan.

Councillor S A Davies referred to the funding formula used by the Assembly for education which placed Denbighshire as the 5th lowest funded authority in Wales. He felt that the formula was wrong and invitations had been sent out to local AMs to attend meetings to discuss that issue and the Estyn report. Councillor H H Evans referred to the need to have the right structures in place to deliver the key actions in the Plan and to have a timescale in place for the funding of the Plan.

Councillor N H Jones reported that Denbighshire’s funding for education was the lowest in its family group and reiterated the need to engage with AMs on the funding formula.

In response to Members’ questions/comments the Chief Executive reported that:-

• funding for priorities was addressed after the delivery of statutory services and the funding for the Action Plan would be incorporated into the budget rounds for 2008/09; • the change in priority was only related to the Schools Buildings priority and other priorities would not change; • the level of capital funding set by the Assembly for schools was a problem but the Council still needed to address the funding of improvements to school buildings; • the list of current priorities would need to be reviewed by the new Council post May 2008; • the Council had a strong record in managing resources and funding for any immediate pressures arising from the Plan could be met from general reserves if existing budgets could not meet that funding; • 14 out of 22 local authorities in Wales were spending below their SSA indicator this year, and • not all priorities were met from capital funding as school buildings improvement were funded through Prudential Borrowing which was revenue spend.

RESOLVED that:-

(a) Denbighshire County Council’s Statement of Intent, as amended, be approved, and

(b) the Council’s priority for education - currently Improving School Buildings - be amended to “School and Educational Improvement”.

3 DRAFT ACTION PLAN IN RESPONSE TO ESTYN REPORT

The Chief Executive submitted a report (previously circulated) seeking Council’s comments on the Draft Action Plan prior to its approval by Cabinet on 30 October.

The Chief Executive:-

• referred to the Council’s values of unity, respect, pride and integrity and hoped that Members would reflect those values in the debate; • indicated that the Council had a good track record in improving poorly performing services e.g. children’s services; • paid tribute to staff in the Estyn Action Plan who had shown high levels of commitment and dedication over the past few weeks, and • referred to the actions taken already to restructure the Education Service to address the challenges that lay ahead and the additional funding of £470K put into Key Stage 3 to address results in 2006/07.

The Chief Executive further referred to:-

6 • the extra funding allocated to improve standards at the Blessed Edward Jones High School in Rhyl; • the excellent special schools in the County • the need to target performance in some schools; • the need to engage with AMs and PMs on the funding formula, and • his duty of care to staff in developing the Action Plan under such a short timetable.

At this juncture the Chief Executive introduced Members to Mr Stuart Evans, former Assistant Director from Neath Port Talbot who had been appointed by the WLGA to provide external challenge and assistance to Officers with the Action Plan. With reference to 4.4 of the report he indicated that some of the findings in the Cambridge Education report had been included in the Action Plan. The Chief Executive also referred to the Notice of Motion of no confidence in the Leader and Cabinet and the comment received from the Minister asking officers and Members to address the recommendations from the Estyn report.

Councillor R E Barton felt that the Action Plan was reactive and Members needed to know how the Council got to the current position. He felt that a review was required at the appropriate time. Councillor G J Pickering felt that notes of recent meetings held with Headteachers/Governors would have been useful for Members. He also raised concern that more resources for education would be to the detriment of other services.

Councillor P J Marfleet indicated that Members had demonstrated unity in the chamber today and had put aside their political thoughts. He therefore raised concerns regarding the comments on “intervention” in paragraph 4.4 of the report. Councillor E W Williams echoed those comments and felt that the Council had a good track record in coping with emergencies irrespective of their political feelings.

Councillor D Owens referred to the need to look at combining children’s services with educational services and felt that many issues were looked at in a reactive fashion. He felt that his removal from Cabinet had not solved anything and emphasised the need for strong political leadership. He further indicated that the Corporate Director: Lifelong Learning had previously identified the lack of funding in education. Councillor Owens felt that Directors were working in silos and indicated that the core problem lay with the Chief Executive’s running of the County. He indicated he had a great deal of respect for the Chief Executive but felt that his man management was non existent and had not improved in the 3½ years of this Council. In conclusion Councillor Owens stated that there had to be a fundamental change to the way that the corporate area of this Council worked together to assure Estyn that the Council was capable of turning this county around.

The Chief Executive reminded Councillor Owens of the core values adopted by the Council and to which he had referred at the outset of the debate, particularly respect and integrity. He believed that Councillor Owens’ comments about him were in breach of the Code of Conduct and would be reported to the Public Services Ombudsman. He also indicated that he would be consulting his union on the matter. The Chief Executive further indicated that the Estyn report had not criticized any

7 named individuals in their review of the education service. He urged Councillor Owens to withdraw his comments.

Councillor D Owens apologised for the situation and emphasised that they were his own views not the Conservative Group’s views.

Councillor I M German expressed her sympathy to Councillor D Owens and felt that Members needed information as to why he was removed from Cabinet.

Councillor G M Kensler queried whether there was any correlation between investment in key stages and results.

Councillor J Butterfield suggested that there was no rigorous monitoring of performance in schools and emphasised the need to have a strong challenge and scrutiny process. Councillor E W Williams felt that the Council needed to look at how scrutiny operated to monitor performance.

Councillor D Hannam indicated that she had total respect for the Chief Executive but felt that Councillors needed to be trusted to carry out their roles. She indicated that she had researched the Lifelong Learning Scrutiny Committee minutes regarding performance but felt that the remit of that Committee was to wide to concentrate on performance. Councillor S Frobisher reported that she had asked the Scrutiny Support Officer to report back to that committee on its future role and remit.

In response to Members’ comments the Chief Executive reported that:-

• a review on why we had arrived at the position described in the Estyn report could not be undertaken at present due to the need to complete the Action Plan; • the Council did not wish to have intervention by the Minister and hence negate all the hard work done by officers in developing the Action Plan; • the WLGA had provided support and some funding with regard to the Action Plan; • notes of meetings with Headteachers / Governors could be made available for Members; • he welcomed the unity shown by Members in the Chamber; • further questions on the Plan could be e--mailed to the team; • there was no guarantee that investment brought better results, and • the School Standards Monitoring Group would submit regular reports to Cabinet and Scrutiny.

Councillor R W Hughes referred to the comments made about the Chief Executive. She felt that the reports by Estyn and Cambridge Education were a true reflection of where the Council stood and everybody should accept that position. Councillor Hughes indicated that the Chief Executive had put tremendous efforts into the development of the Action Plan.

The interim Head of School Improvement referred Members to Recommendation 1 of the Action Plan and took Members through Key Actions 1-6. The Head of Partnership and Inclusion took Members through Key Actions 7-9 and particularly

8 referred to the five year Inclusion Strategy. She felt that the Council needed to work on improving attendance and reducing exclusion in schools and also referred to the capacity issues in the Behaviour Support Unit.

Members took the opportunity to raise various issues with officers regarding the Key Actions particularly relating to the role of link officers; the use of the electronic register in schools; the role of teachers in developing young children in schools; the need to have good links with health colleagues.

Mr Stuart Evans referred to the previous problems with school attendance at Neath Port Talbot Council and the initiative taken to identify families with problems and to work with those families to attain better attendance levels.

At this juncture the meeting adjourned for lunch (1.10 p.m.).

DENBIGHSHIRE COUNTY COUNCIL

Minutes of the resumed special meeting of the County Council held in the Council Cham- ber, County Hall, Ruthin on Wednesday 17th October 2007 at 1.35 p.m.

PRESENT

Councillor K N Hawkins (Chairman), J R Bartley, R E Barton, J Butterfield, J Chamberlain- Jones, D Cooper, M Ll Davies, S A Davies, E C Edwards, G C Evans, H H Evans, S Frobisher, I M German, C L Hughes, N J Hughes, R W Hughes, N Hugh-Jones, E R Jones, M M Jones, GM Kensler, P J Marfleet, D Owens, G J Pickering, N P Roberts, D A J Thomas, S Thomas and C H Williams.

ALSO PRESENT

Chief Executive, Corporate Directors, Legal Services Manager and Administration Services Manager.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J M Davies, P A Dobb, M A German, T K Hodgson, T R Hughes, D Jones, G A Jones, P W Owen, S Roberts, M A Webster and the County Clerk.

Councillor D Owens referred to the comments he made about the Chief Executive in the morning session of Council and indicated that he wished to withdraw those comments. The Chief Executive noted the position and requested Councillor Owens also to apologise for those comments. Councillor Owens duly offered his unreserved apology and indicated that he had no personal issues with the Chief Executive. The Chief Executive said that he accepted Councillor Owens’ apology and the withdrawal of the comments that he had made.

Members continued to discuss the Key Actions contained in Recommendation 1 of the Action Plan and particularly referred to the:-

• poor attendance at Governor training;

9 • absence monitoring in schools; • support for bullied children in schools; • support for looked after children in schools, and • the withdrawal of funding for youth workers in schools.

The Heads of Service responded to the many issues raised by Members. Councillor J Butterfield felt that the Estyn report would have a damaging effect on the morale of staff and wished it to be noted that Members appreciated all the good work they carried out.

The Chief Executive referred to Recommendation 2 of the Action Plan and took Members through Key Actions 1-11. He indicated that the Lifelong Learning Scrutiny Committee on 10 October had submitted their views on the Action Plan and he would be happy to incorporate them into the Plan.

Councillor G M Kensler referred to the appointment of a new Lead Member for Schools and Lifelong Learning and queried her educational background. She also queried the statement in Key Action 5 that the Chair of Governors Forum was well established.

Councillor R E Barton felt that all Members should have a role in challenging performance and attend Monitoring Groups as observers. He also indicated that the Plan did not make any reference to the Governors Forum and did not include any recommendations from the PricewaterhouseCooper report.

Councillor J Butterfield referred to Key Action 11 and was disappointed to note that there was no action to improve the scrutiny function regarding accountability for performance. She felt that there was a weakness in monitoring performance by Cabinet and Scrutiny.

The Leader of the Council referred to the appointment of Councillor S Roberts as Lead Member for Schools and Lifelong Learning and her vast experience in working with young people. She referred to the setting up of the Schools Standards Monitoring Group and the proposed reporting mechanisms to Cabinet and Scrutiny. Councillor Hughes also referred to Councillor D Owens’ membership of Cabinet and the offer made to swap portfolios with Councillor S Roberts but for him to retain some educational activities but unfortunately that did not transpire. She also referred to the proposed launch of a vision for children and young people in 2008 and an invitation for Members to attend school for a day (form circulated at the meeting).

In response to Members’ comments the Chief Executive reported that he would check on the status of the Governors Forum and that Groups could determine who attended meetings as observers. However, he indicated that the School Standards Monitoring Group would be questioning Headteachers and Chairs of Governors on performance, etc and would not want observers in attendance at those meetings.

The Corporate Director: Resources referred to Recommendation 3 of the Action Plan and Key Actions 1-8.

In response to Members’ comments the Corporate Director reported that:-

• the challenge to the Assembly on the funding formula would be pursued; • the PricewaterhouseCooper report would be checked to see if the Plan needed to include any recommendations; • the Plan needed to be costed up and be part of the budget process for 2008/09; • there was a need to look at the issue of grant dependency and sustainability; • good communication with schools and governors was essential to deliver the Plan, and • the provision of a good ICT infrastructure was vital for schools to perform efficiently.

RESOLVED that:-

(a) Members comments on the Draft Action Plan as detailed above be noted and incorporated into the Plan if applicable, and

(b) a review of how the Council arrived at the position described in the Estyn report be undertaken at the appropriate time.

4 NOTICE OF QUESTION

(This item was raised as an urgent item notice having been given by the Chairman at the commencement of the meeting).

The Legal Services Manager referred to the following Notice of question submitted by Councillor C L Hughes in accordance with the Council’s Constitution:-

“When the Children’s Commissioner writes to Denbighshire C.C. concerning either an education matter or a social services matter, are those letters logged and recorded in a Children’s Commissioner file?

Is the Chief Executive and/or the Monitoring Officer made aware of serious allegations which may be contained within those letters?

In future can copies of these letters be forwarded to the Corporate Complaints Officer please?

Given that these letters probably arise from an aggrieved child contacting the Children’s Commissioner because they are dissatisfied in some way with their treatment by an employee of DCC, what action is taken by the Director of Lifelong Learning to attempt to resolve the complaint?

Is the file only closed when there has been an effective outcome?

Can a regular return be made to the Cabinet showing: Children’s Commissioner letters, brief summary of the issue; any common thread which shows weaknesses in any area of DCC service delivery.”

11 The Chief Executive responded stating that:-

(i) In child specific issues social services could find only 4 cases since 2003 where the Children’s Commissioner had written to them. In 2 of these cases the formal complaints process had already been invoked and the Commissioner’s correspondence was forwarded to the Statutory Complaints Officer in social services.

(ii) If social services were to receive correspondence expressing concerns and/or a possible complaint on behalf of a child then the Council would invoke the statutory complaints process for social services. The letters would not be forwarded to the Corporate Complaints Officer as social services had its own detailed complaints process in accordance with statutory requirements. Given the small number of cases for children’s services i.e. 4 cases, 2 of which were already in the complaints process, the Head of Children and Families Services did not consider that a regular return should be made to Cabinet in relation to Children’s Commissioner letters. Social services regularly reported on complaints, the numbers, summary reasons and outlines to Scrutiny (which would pick up any Children’s Commissioner issues) and this was considered robust enough.

(iii) In terms of education, officers would respond formally to letters from the Children’s Commissioner if they were regarding general issues e.g. general school toilets.

(iv) The Council had had two specific complaints regarding individual children. In such cases they were dealt with initially under the individual school complaints procedure and the Council would not get involved until stage 5. However, such complaints were filed.

(v) Just as in social services, individual concerns/complaints from the Children’s Commissioner’s Office had been few; nevertheless these would (as all complaints) be taken seriously and dealt with accordingly.

(vi) Letters would be drawn to the Monitoring Officer’s or his attention only if they were sent to them by the Commissioner or raised issues that fell to them to address. Individual cases were dealt with by the relevant services and the senior mangers in those departments.

Councillor C L Hughes thanked the Chief Executive for the detailed response.

RESOLVED that the Notice of Question be received and noted

The meeting concluded at 2.40 p.m.

**********

12 Agenda Item No. 2(b)

DENBIGHSHIRE COUNTY COUNCIL

Minutes of the County Council held in the Council Chamber, County Hall, Ruthin on Monday 22nd October, 2007 at 10.00 a.m.

PRESENT

Councillor K N Hawkins (Chairman), J R Bartley, R E Barton, B Blakeley, J Butterfield, J Chamberlain Jones, D Cooper, M Ll Davies, S A Davies, P C Duffy, E C Edwards, G C Evans, H H Evans, S Frobisher, I M German, M A German, D Hannam, T K Hodgson, C L Hughes, N J Hughes R W Hughes, N Hugh-Jones, D Jones, E R Jones, H Jones, M M Jones, G M Kensler, P J Marfleet, P W Owen, D Owens, G J Pickering, N P Roberts, S Roberts, G O Rowlands, J A Smith, D A J Thomas, S Thomas, J Thompson-Hill, M A Webster, C H Williams, E W Williams G Williams, R Ll Williams.

ALSO PRESENT

Chief Executive, Corporate Directors, County Clerk and Administration Services Manager.

PRAYERS

Councillor J R Bartley offered prayers at the commencement of the meeting.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J M Davies, P A Dobb, T R Hughes and G A Jones

1 SUSPENSION OF STANDING ORDERS

Councillor G M Kensler proposed, seconded by Councillor M Ll Davies that Standing Order 14 be suspended to allow a secret ballot to be held on the motion to be considered by Council. Upon being put to the vote it was.

RESOLVED accordingly.

2 NOTICE OF MOTION

Councillor G M Kensler proposed, seconded by Councillor R E Barton that the following Notice of Motion be approved

To consider the following Notice of Motion signed by 13 members of the Council:

“We the undersigned, as elected members of Denbighshire County Council, hereby give notice that we wish to call an extraordinary meeting of the Council with the sole purpose of voting on a motion of no confidence in the Leader and Cabinet, as provided for on 7.3.5 of the constitution. We wish to note that it is regrettable that the constitution makes no provision to move a motion of no confidence in any

1 member of the Cabinet individually and as such our petition does not necessarily reflect our lack of confidence in all members of the Cabinet.”

Councillor Joan Butterfield Councillor Jeanette Chamberlain Jones Councillor David Anthony James Thomas Councillor Glyn Williams Councillor Brian Blakeley Councillor David Jones Councillor Gwyneth Kensler Councillor Neville Hughes Councillor Meirick Ll Davies Councillor Isobel German Councillor Morfudd M Jones Councillor Paul Marfleet Councillor Bob Barton”

Councilor G M Kensler referred to the crisis in the County arising from the two damning reports from Estyn and Cambridge Education relating to the state of education in Denbighshire. She indicated that the Notice of Motion had been submitted for the benefit of children, officers, Headteachers and schools in the County and Councillors were not playing political games as inferred by the Leader of the Council. Councillor Kensler referred to the previous Estyn report in 2005 and the two current reports and felt that the Leader of the Council had not shown any enthusiasm to get the Council out of its difficulties. She indicated that many residents of Denbigh had voiced their concerns over the leadership of the Council and called for the replacement of the Leader. In conclusion Councillor Kensler felt that a change of Leader was imperative in order for the Council to move forward with the Estyn Action Plan.

Councillor P J Marfleet referred to the appointment of the current Leader in June 2004 when 25 new members had been elected with very little information or knowledge of the candidates standing for Leader. He indicated that he supported the election of the Leader at that time and he subsequently jointed the Cabinet as Lead Member for Finance and Personnel. Councillor Marfleet reported that it was a big learning curve and members had to select the Council’s priorities in a very short space of time. He felt that the Council was not concentrating on its core priorities at that time and he had voiced his opinion on many occasions on the spend on foreign travel by leading Councillors and staff. Councillor Marfleet indicated that his views subsequently led him to being dismissed from Cabinet. He referred to the vote of no confidence in the Leader in October 2006 which had been unsuccessful but the Leader at that time said she had learnt lessons and changes would happen. Councillor Marfleet felt that nothing had happened and no significant changes had been made apart from the appointment of “Champions” for various services. He referred to the Estyn and Cambridge reports which both highlighted the poor quality of leadership. Councillor Marfleet felt that even at this late stage of the existing Council changes needed to be made to provide new ideas, thinking, and direction. Apart from the Estyn Report there were other areas of concern such as the high level of Council tax, and the spend against SSA. In conclusion Councillor Marfleet felt that

2 the leadership of the Council needed to change for the benefit of the people of Denbighshire.

Councillor E W Williams referred back to his candidature as Leader of the Council when he stood as an individual whereas the current Leader was appointed collectively by the Independent and Conservative Groups. He indicated that he had no intention of standing for Leader again but was very despondent with the way the authority was operating on a political level. Councillor Williams suggested that Councillors were playing political games rather than looking at the strengths of individuals.

Councillor I M German indicated that members of the Democratic Alliance Group were acting as individuals and would be taking a decision on what was best for Denbighshire. She felt that all Councillors should support actions for improvement and indicated that the Council had shown instability on education matters in the County. Councillor R E Barton indicated that a good leader had to show motivation and delegation and earn respect from fellow colleagues. He referred to the education portfolio held by the Leader during 2002-2004 when she led the report on Managing School Places which had to be subsequently withdrawn by Cabinet. Councillor Barton felt that the Council had to move positively and progressively and provide stability to move forward. He felt that the current Leader had not delivered and should stand down as Leader and a clear message should be sent to the Assembly, WLGA etc that Denbighshire could be united for the benefit of children in the County.

Councillor T K Hodgson raised concerns over external agencies trying to influence internal management control in the County. He felt that Councillors needed to manage the process but raised concerns why the current situation had not been highlighted earlier.

Councillor S Roberts felt saddened by the current position of the authority but emphasised that all Councillors were working for the benefit of children in the County. She indicated that politics should be excluded from the current debate.

The Leader of the Council expressed her surprise at the lack of evidence from Councillors in the Chamber to warrant her removal from office and felt that party politics were influencing today’s debate. She referred to the impact if the Notice of Motion succeeded with there being no Cabinet in place to sign off the Estyn Action Plan or engage in the current budget round of talks with Directors. Councillor Hughes indicated that although she had complete confidence in the Chief Executive she would not feel comfortable for him to make executive decisions over the next 3 weeks without political input if she and the Cabinet were removed from office.

The Leader referred to the excellent communications strategy developed following the publication of the Estyn and Cambridge Education reports but felt that public focus had now been turned to the political instability of the County. She felt that staff were concerned over the political instability and morale was being affected.

3 Councillor Hughes indicated that she was the most experienced member in the education field and listed her achievements as Lead Member for Lifelong Learning. The Leader also referred to

• the letter from the Minister indicating that intervention was warranted but she was happy with the assurances given by members and officers on the way forward. • the letter received from the Chief Executive of the WLGA relating to the discussions with the Minister on the Estyn report and the comments made regarding the Leader’s commitment. • her proven track record in the education field. • the current low morale of staff and her confidence to reverse that position. • the Council’s excellent record in turning round failing services. • the references in the Estyn report to lack of leadership and not political leadership of the Council. • the fact that the Minister was happy with the proposed way forward. • the importance of foreign visits particularly with the opportunities for European funding.

In conclusion the Leader indicated that the Notice of Motion provided no alternative to the existing leadership and there was a lack of evidence to support her removal from office.

Councillor J Chamberlain Jones felt that members of the public needed confidence in the Council with strong trusted leadership. She indicated that Headteachers, Governors etc were despondent with the Estyn report and required a change in the political leadership of the Council.

The Leader of the Council referred to the letters from Groups asking for her resignation. She referred to the previous support received from the former Lead Member for Lifelong Learning and Schools, however she felt that support and the support from the Conservative Group was withdrawn following the proposed swap of portfolios with Councillor S Roberts. The Leader felt that there were much wider issues to consider. Staff were under considerable pressure and she was concerned about the impact of change on them. She reiterated her concerns that if the Notice of Motion succeeded there would be no Cabinet input into the Council over the next 3 weeks.

Councillor G M Kensler concluded the debate by stating that the evidence to remove the Leader from office lay in the findings of the Estyn report and members were responding to the facts. She indicated that many Headteachers and teachers were looking forward to a change in leadership and to move forward with the Estyn Action Plan. Councillor Kensler emphasised that staff had 100% support from Councillors and the prime motivator was to get education back on track in Denbighshire.

A secret ballot was subsequently undertaken, the results being as follows

For the Motion – 23 Against the Motion – 20

4 The Chief Executive explained to Members that as the Leader and Cabinet had now been removed from office the powers of Cabinet would be now passed to him until a new Leader and Cabinet were in place. He indicated that an election for the Leader had to be held within 3 weeks of the date of this meeting and nominations received 7 days before the date of the Special Council Meeting. The Chief Executive indicated that he would advise members on the course of action to be taken with the Cabinet papers for 30th October.

RESOLVED that the Notice of Motion be supported and the Leader and Cabinet be removed from office.

The meeting concluded at 11.15 am

*********

5 Agenda Item No. 2(b)

DENBIGHSHIRE COUNTY COUNCIL

Minutes of a Special Meeting of the County Council held in the Council Chamber, County Hall, Ruthin on Tuesday 6th November 2007 at 10.00 a.m.

PRESENT

Councillor K N Hawkins (Chairman), J R Bartley, R E Barton, J Butterfield, J. Chamberlain- Jones, D Cooper, M Ll Davies, S A Davies, P A Dobb, G C Evans, H H Evans, S. Frobisher, I M German, M A German, T K Hodgson, C L Hughes, N J Hughes, R W Hughes, T R Hughes, N Hugh-Jones, G A Jones, H Jones, M M Jones, G M Kensler, P J Marfleet, P W Owens, D Owens, N P Roberts, S Roberts, G O Rowlands, J A Smith, D A J Thomas, S Thomas, J Thompson Hill, M A Webster, C H Williams, E W Williams and R Ll. Williams.

ALSO PRESENT

Chief Executive, Deputy Chief Executive, Corporate Directors, County Clerk and Scrutiny Support Officer.

PRAYERS

Councillor J R Bartley offered prayers at the commencement of the meeting.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J M Davies, E C Edwards, D Hannam, D Jones, E R Jones and G Williams.

URGENT ITEMS

There were no urgent items

1 ELECTION OF LEADER OF THE COUNCIL

The Chairman sought nominations for the election of Leader of the Council.

Councillor J A Smith proposed, seconded by Councillor N Hugh Jones that Councillor H H Evans be elected Leader of the Council.

In accordance with the adopted procedure the candidate was invited to present a policy platform to Council indicating the priorities for the term of office.

Councillor H H Evans outlined his proposals under the heading of “Unwn i Wneud Da / We Unite to do Good” and outlined the issues which impacted on the work of the Council and how its services were delivered for the population of Denbighshire.

Councillor H H Evans referred to a range of live issues which the Council needed to address including responding to the challenges of the Estyn Action Plan and

1 Cambridge report; addressing affordable housing; progressing the Local Development Plan; meeting the requirements of the efficiency strategy and the budget setting process; finalising single status; meeting the targets associated with waste management and addressing the potential shortfall from the Supporting People Grant. In respect of the work associated with responding to the Estyn inspection he emphasised the need to focus on raising school standards.

Councillor H H Evans also addressed the way forward. In particular the need to challenge the way the authority worked and to ensure that funding reflected priorities and statutory requirements; the role of the workforce as the authority’s biggest asset; the need for improved communication at both officer and member level; the need to improve productivity including the use of self evaluation and performance indicators; the scope to develop a longer term programme for the Capital Plan and the need to examine how we worked with the Welsh Assembly Government and the relationship with Assembly Members. Within the way forward he referred to the need to seek opportunities to be more efficient and effective in the way we worked suggesting that he would give consideration to a dedicated portfolio to develop an action plan to specifically challenge the way we work.

In respect of the future for Denbighshire, Councillor H H Evans felt that overall the Authority was in a strong position to move forward. He emphasised the need to focus on important issues particularly education and to improve communication between elected members. Within this there would be a commitment to regular engagement with political parties and group leaders within the authority and improve dialogue between lead members and service champions. He also referred to the need to review the nature of debate at full Council meetings to ensure more member led discussion and ensure an effective relationship existed between Scrutiny and the Cabinet.

Councillor H H Evans indicated that he was not afraid to implement changes and outlined that as part of his policy platform there was a commitment to reduce the membership of Cabinet to 9 as a reflection of the need to work more efficiently. He confirmed that if elected a paper on his proposals for the Cabinet would be submitted for consideration by Council on the 20th November. He also clarified that he intended that the Cabinet would be formed on political balance and sought to appoint a “Cabinet of Calibre” with the best members being appointed to the respective portfolios.

In conclusion, Councillor H H Evans emphasised the need to ensure the needs of the young people were met through education, that Council Tax payers received good value for money and that the elderly could have confidence in receiving good service delivery. He also stated that he intended to break with tradition and remove the link between the Leader and the portfolio of Regeneration, confirming if elected, he intended to take on the portfolio of Education.

The Chairman invited questions from Members to Councillor H H Evans.

Councillor P M Marfleet paid tribute to the work of Councillor H H Evans on the authority to date and queried how he would maintain the demands of being a full time leader with his commitments as a diary farmer. Councillor H H Evans outlined

2 that he had agreed to relinquish his farming commitments for six months so he could focus on the role of Leader.

Councillor R E Barton indicated that having worked with Councillor H H Evans during the last three and a half years he could see the way forward for the authority. However he questioned whether, if he sought to appoint a Cabinet of talents, this could be achieved by applying political balance requirements. Councillor H H Evans responded by confirming that the appointments would be based on the calibre of members but that to address the issues associated with political balance may take months when there was a need to make appointments now.

Councillor G M Kensler and Councillor E W Williams both congratulated Councillor Evans on his address and concurred with his comments on political balance both emphasising the need for appointments to be made ahead of future debates on political balance. Councillor Williams also suggested that by being elected as Councillors the public had demonstrated their confidence in their ability and as a consequence everyone should have the right and ability to hold portfolio positions provided they receive training. Councillor Evans referred to the importance of training for elected members and the need to seek improvements to overall skills.

In accordance with the Constitution a secret ballot was subsequently undertaken, the result being as follows:-

Councillor H H Evans – 38

The Chair congratulated Councillor H H Evans on his appointment as Leader of the Council.

Councillor H H Evans thanked members for their unanimous support for him to undertake the role as Leader of the Council.

Councillor Jeanette Chamberlain Jones offered her congratulations on his election and indicated that the Labour Group were looking forward to working with him as Leader. Councillor I M German also offered her congratulations and sought clarification of the rationale behind the reduction in the size of the Cabinet. The Leader of the Council confirmed that the decision was part of the need to review the way we worked and to demonstrate the commitment of elected members to meeting the requirements of the efficiency agenda.

Councillor D Owens offered his congratulations to the Leader of the Council and paid tribute to the work of the previous Leader of the Councillor, Councillor R W Hughes. Councillor G C Evans also offered his congratulations to the Leader and acknowledged his hard work over the last three years in the field of education and on rural issues, whilst paying tribute to Councillor R W Hughes for her past leadership.

RESOLVED that Councillor H H Evans be elected Leader of the Council.

The meeting concluded at 10.40 am *********

3 Agenda Item No. 4

Report to: County Council

Report by: Head of Planning and Public Protection and Monitoring Officer

Date: 20 November 2007

Subject: Public Speaking on Planning Applications Considered by Full Council

1 DECISION SOUGHT

1.1 To seek the approval of Council to apply the provisions for public speaking at the Planning Committee to planning applications considered by full Council.

2 BACKGROUND

2.1 The Council’s protocol for speaking at Planning Committee as set out in the attached document at Appendix 1 “Have your say about a planning application” has worked successfully for a number of years now but as presently drafted it is not applicable to applications that are considered by full Council. This arguably constitutes an unfairness both to applicants and objectors. Whilst making a presentation to the full Council may be a daunting experience for some individuals, experience to date suggests that the public and applicants have not been put off addressing a committee of thirty and thus a move now to make this facility available at full Council is appropriate and hence the recommendation.

2.2 Normally a procedural change such as this would take effect from the next meeting of Council. However, in this case, of one of the items on your agenda has not had the normal full debate at Planning Committee. Due to the substantial interest in that application it was anticipated that there would be four public speakers, namely, two on behalf of those who support the application and two on behalf of those objecting to the application. Because of the unusual circumstances this application could be considered by Council without the chance of public speaking. We have not previously encountered this situation and it appears to your officers unreasonable to deprive the various individuals of the opportunity that they were expecting to make presentations. In the case of the other applications to be considered today, there were no public speakers at Planning Committee and there is no prejudice to either applicants or objectors since in the one case, the matter arises out of a failure by members to give planning reasons for a refusal and in the other, the applicant was aware that it would inevitably be considered by Council as a departure application.

3 RECOMMENDATION

3.1 That Council applies the provisions for public speaking at the Planning Committee to planning applications considered by full Council.

Contact Officer: Ian Hearle, County Clerk e-mail: [email protected] Tel: 01824 712562 HAVE YOUR SAY ABOUT A PLANNING APPLICATION

INTRODUCTION

1. You can have your say about a planning application by:

sending a letter or e-mail to the Planning Department. It is important that you send the letter or e-mail before the deadline for comments, which will be set out in the notice about the application. asking your local county councillor to write or speak on your behalf. (You can find out who your local councillor is from our offices, libraries or web-site www.denbighshire.gov.uk or by telephoning 01824 706727). 30 of our 47 councillors are members of the Planning Committee. Please remember that members of the Planning Committee must not show publicly that they have made up their mind on a planning application before it is considered by the Committee, because they would not then be allowed to speak or vote on the application.

2. We have now introduced a scheme to allow those with an interest in an application, including objectors, supporters, town and community councils, applicants and agents, to speak at the Planning Committee, following the guidelines set out below.

WHAT TO DO IF YOU WANT TO SPEAK AT THE PLANNING COMMITTEE

3. The invitation to speak and the conduct of the meeting is at the discretion of the Chair of the Planning Committee and subject to the points set out below.

4. You may speak only if the planning application is on the Committee agenda. Many applications are decided by Officers under delegated powers although any comments made on the application will be taken into account in reaching the decision.

5. Only one member of the public may speak for and only one against an application. The Chair of the Committee may exercise discretion to allow a second speaker but only in exceptional circumstances when, for example, a major application generates many different views, providing we have prior notice in accordance with this protocol.

6. You must notify the planning section of your request to speak by faxing, writing to or e- mailing the Senior Administrative Support Officer, Gwen Butler (Tel No. 01824 706715, Fax 01824 706709, e-mail [email protected] ) or the Customer Support Officer Judith Williams (Tel No. 01824 706722, e-mail [email protected] ) or by contacting another member of staff in the Planning Section. You should do this as soon as possible before the committee meeting but in any event by no later than 4.30 p.m. on the Monday before the Wednesday when the Planning Committee will be held. Please leave a daytime telephone number.

7. If several people wish to speak for or against an application they should decide in advance who the spokesperson will be and inform the Planning Section. It would help if you were to agree to allow us to give your contact details to others (of the same view) who request to speak, to help you nominate a spokesperson. This may be a representative of the town or community council, who may be best able to put forward the views of those interested. Should this process not lead to an agreement only the first person to notify the County Council as described above will be allowed to speak.

8. It should be remembered that many town and community councilors are also County Councilors and they already have the right to speak at Planning Committee. County Councilors will not be eligible to speak under this scheme.

Apps F/Word/DC Manual : have your say about a planning application – amended July 05 9. If several people wish to speak for an application, including the applicant, then only the applicant will be allowed to speak. However if the applicant does not wish to speak, then a spokesperson should be chosen as in paragraph 7.

10. We will contact those who request to speak to confirm that the application will be considered at the particular Committee by telephone, in writing or by e-mail before the meeting.

11. You are entitled to contact Councillors in writing before the day of the meeting. It would be helpful if you sent copies of any correspondence to Gwen Butler at the same time. However, remember that Members are not able to commit themselves before the Committee (see para. 1). You are not able to hand out documents or correspondence at the meeting itself as such information would be received too late to be taken into account.

12. All speakers must attend the Planning Committee meeting (normally held in the County Offices, Wynnstay Road, Ruthin) and introduce yourself to the Officers at the meeting prior to 9.15 a.m. The meetings start at 9.30 a.m. on Wednesdays on a four weekly cycle. Details of the dates and locations of the Planning Committee are available on the County Council web site ( www.denbighshire.gov.uk , under A-Z, see C or P). You can also check on the dates and locations of Planning Committee meetings by contacting the Planning Office. The order of the published agenda will be changed to allow applications that include a public speaker to be considered at the start of the meeting.

13. Normally the person(s) against the application will speak first. When invited by the Chair of the Committee, you may speak only once and for up to three minutes on the particular item of interest to you. The three minute period will be strictly followed although you will be allowed a few moments to round up if you have not quite finished . You are advised to focus on the key points of concern to you as all points in correspondence will already have been summarised in the Committee report. You should concentrate on relevant planning issues. The Planning Committee cannot consider irrelevant matters such as disputes about access to land or the personal circumstances of the applicant. The Chair may require you to stop speaking if you say anything that is or may be considered to be slanderous or in contravention of legislation on equal opportunities.

14. Once you have spoken you will be asked to leave the seat designated for public speaking. You must then leave the matters to be debated by the Planning Committee and must not join in the debate.

15. Where an application upon which you or your representative has spoken has been deferred and is then reported back to a subsequent meeting, you or your representative will not have an opportunity to speak again unless, in our view, the substance of the application has changed.

Apps F/Word/DC Manual : have your say about a planning application – amended July 05 Agenda Item No. 5

Report to: County Council

Report by: Head of Planning and Public Protection and Monitoring Officer

Date: 20 November 2007

Subject: Erection of 51 number of dwellings, construction of vehicular and pedestrian access and associated work (site area 2.3 hectares) Location: land off Tip Lane, Prestatyn Planning application no. 43/2007/0394/ PF

1 DECISION SOUGHT

1.1 To seek the resolution of the full Council on a planning application considered by the Planning Committee on 7 November 2007.

2 BACKGROUND

2.1 This application was due for consideration by the Planning Committee on 7 November 2007 with a recommendation that permission be granted subject to conditions detailed in the report. In the event not withstanding the concerns raised by officers, members resolved to defer a decision on the matter so as to await a review and report on drainage and flood risk in Prestatyn.

2.2 Part 3(iii) of the Scheme of Delegation relating to planning applications provides for decisions to be retained by full Council in the case of “Applications which if refused …….. would be likely to result in a successful award of costs against the Council at appeal”. In addition, Section 5 Local Government Act 1989 places on the Monitoring Officer a duty to report on any matters that might contravene any enactment rule of law or code of practice or that might amount to maladministration.

2.3 Having regard to the fact that the proposed conditions address the matters identified by both Dwr Cymru Welsh Water and the Environment Agency it is the view of the officers that the Planning Committee’s decision to defer consideration to await the review and report on drainage and flooding risk in Prestatyn is unreasonable. However, for the avoidance of doubt, specific confirmation of the present views of these two consultees has been sought and will be reported to Council.

2.4 Your officers are further concerned that non determination by the Council entitles the applicant to submit an appeal. This takes decision making away from the Council. In addition, the applicant is entitled to argue that the failure to determine the application (or indeed to refuse permission) would be unreasonable since the planning concerns are addressed by the conditions and there is no need to await any further review, report or work. In turn this would give rise for a claim for the costs of an unnecessary appeal and an allegation of maladministration in that the Council has failed to fulfil its obligations to determine the matter in accordance with its duty.

3 RECOMMENDATION

3.1 That full Council grant planning permission for the proposal as set out in the original officer’s report (Appendix 1).

Contact Officer: Ian Hearle, County Clerk e-mail: [email protected] Tel: 01824 712562

SES ITEM NO: 10

WARD NO: Prestatyn South West

APPLICATION NO: 43/2007/0394/ PF

PROPOSAL: Erection of 51 no. dwellings, construction of new vehicular and pedestrian access and associated works (site area 2.3 hectares)

LOCATION: Land off Tip Lane Prestatyn

APPLICANT: Anwyl Construction

CONSTRAINTS: 250m Of Landfill Site Public Footpath / Bridleways B Flood Zone

PUBLICITY Site Notice - Yes Press Notice - Yes Neighbour letters - Yes UNDERTAKEN:

CONSULTATION RESPONSES: 1. PRESTATYN TOWN COUNCIL ”Object. The site is designated open space and needs protecting. An environmental impact assessment should be undertaken prior to any further consideration to help protect wildlife, flora and fauna. Due to proximity of former landfill site additional gas/leachate/flood risk monitoring should be undertaken. There are known archaeological features on the site requiring further detailed investigation.

As proposed the large number of dwellings and inappropriate style of two and three storey dwellings adjoining predominantly bungalow style properties needs addressing. Over intensification and lack of open space cannot be substituted by commuted sum arrangements.

Poor highway access and impact of increased vehicle movements to and from site will significantly increase dangers to pedestrian and youngsters attending local schools. It is not known if all land required for proposed highway arrangements is in public ownership.

Due to extensive developments in other parts of the town there is already widespread concern about the lack of public support infrastructure e.g. healthcare facilities, overcrowding of local schools, drainage etc. Any further development would exacerbate this situation.

The proposed development may also set a precedent for other similar greenfield sites in the locality.”

2. COUNTY ARCHAEOLOGIST No objections but recommends the inclusion of a watching brief condition

3. PRINCIPAL COUNTRYSIDE OFFICER No objection

44 4. LANDSCAPE ARCHITECT No objection

5. COUNTY ECOLOGIST No objection subject to condition

6. HEAD OF HOUSING SERVICES No objection, affordable housing proposed on the site is acceptable

7. LAND DRAINAGE UNIT No objection

8. HEAD OF TRANSPORT & INFRASTRUCTURE No objection subject to the inclusion of conditions

9. FOOTPATHS OFFICER No objection

10. PRINCIPAL GROUNDS MAINTENANCE OFFICER No response received but involved in discussions

11. DWR CYMRU WELSH WATER No objection subject to conditions

12. ENVIRONMENT AGENCY

Original response received 9th May, 2007 No objection subject to condition relating to finished floor levels

Additional response received 20th September 2007 Request the application be deferred until additional information relating to contamination and surface waster regulation for the site has been submitted.

Response received 15th October, 2007 No objection subject to the inclusion of conditions requiring:

- A detailed scheme for the provision of surface water drainage works; - A scheme for the provision of a surface water flood flow route through the site and overland flood storage areas - Liaison with Environment Agency during works on site should contamination be discovered

13. CADW No objection

14. CLWYD BADGER GROUP Response awaited.

15. COUNTRYSIDE COUNCIL FOR WALES No objection subject to the inclusion of a condition requiring mitigation and compensation schemes.

16. CONTAMINATED LAND OFFICER No objection subject to the inclusion of conditions.

17. CHIEF FIRE OFFICER Has no comments to make 45

RESPONSE TO PUBLICITY: For clarification purposes, there were in excess of 170 letters received from local residents in April 2007, however these were in response to the press notice published by the developer in relation to land ownership of the site, and not in regard to the planning application, which had not been registered with the Authority.

Letters received in response to public consultation from the Local Planning Authority which contain material planning considerations:-

1. R. & N. Phillips. Sparrows, 25, St. James Drive, Prestatyn 2. Mr O Cockayne, 104 Fforddisa, Prestatyn. LL19 8EE. 3. Mrs W Bradbury, 13 St Georges Drive, Prestatyn. LL19 8EH. 4. Mrs S Bones, 37 Princes Avenue, Prestatyn. LL19 8RW. 5. Mrs J M Slack, 106 Fforddisa, Prestatyn. LL19 8EE. 6. Mr Gareth Davin, 67 Winchester Drive, Prestatyn. LL19 8DQ. 7. Mr & Mrs Pedder, 101 Fforddisa, Prestatyn. LL19 8DY. 8. Mr & Mrs W E Sanderson, 45 Fforddisa, Prestatyn. 9. Paula Barker, 7 St Brelades Drive, Prestatyn. LL19 8EQ. 10. Mr & Mrs Shipley, 32 St James Drive, Prestatyn. LL19 8EJ. 11. Mr & Mrs Brown, 31 St James Drive, Prestatyn. LL19 8EJ. 12. Mrs J I Cook, 33 St James Drive, Prestatyn. LL19 8EJ. 13. Mr & Mrs Broadbent, 7 St James Drive, Prestatyn. LL19 8EJ. 14. S. Edwards (Sec) Prest & District Env. Assoc., 11, West Av, Prestatyn 15. D. Kelman, 5, St. Brelades Drive, Prestatyn 16. Mr. K. Wells, 12, Plastirion Avenue, Prestatyn 17. Mr. A. J. Robinson 18. Miss J. Morris, 82, Fforddisa, Prestatyn 19. Ann Jones AM National Assembly for Wales, 25 Kinmel St, Rhyl LL18 1AH 20. Mr. D. Neary, 148, Ffordd Idwal, Tower Gardens, Prestatyn 21. Mr. M. Dawson, 8, Canterbury Drive, Prestatyn 22. B M Rutherford, 109 Fforddisa, Prestatyn. 23. G Preston, 115 Fforddisa, Prestatyn. LL19 8DY. 24. Ms E Dyson, 110 Fforddisa, Prestatyn. LL19 8EE. 25. R Armstrong, 81 Fforddisa, Prestatyn. LL19 8DY. 26. P A Minton, 68 Fforddisa, Prestatyn. LL19 8ED. 27. Mr D Bacchus, 66 Fforddisa, Prestatyn. LL19 8ED. 28. L Davies, 31 The Meadows, Prestatyn. LL19 8EU. 29. G & E Taylor, 29 The Meadows, Prestatyn. LL19 8EU. 30. Mr R D Hunt, 53 St Georges Drive, Prestatyn. LL19 8EG. 31. Mr E Jones, 8 St Georges Drive, Prestatyn. LL19 8EH. 32. T Fall, 1 St Georges Drive, Prestatyn. LL19 8EH. 33. Mr G Bolt, 57 Ffordd Penrhwylfa, Prestatyn. LL19 8BP. 34. G Jones, 55 Ffordd Penrhwylfa, Prestatyn. LL19 8BP. 35. S H Smith, Railway Cottage, 2 Ffordd Penrhwylfa, Prestatyn LL19 8AD 36. F M Hall, 18a St Chads Way, Prestatyn. 37. Mr & Mrs Bold, 58 Bangor Crescent, Prestatyn. LL19 8EN. 38. Mr E Baldwin, 102 Llandaff Drive, Prestatyn. LL19 8TT. 39. Miss R Crowther, 41 Canterbury Drive, Prestatyn. LL19 8ET. 40. Mr & Mrs A L Greaves, 13 Burlington Drive, Prestatyn. LL19 8AN. 41. Mrs M Mason, 10 St Brelades Drive, Prestatyn. LL19 8EQ. 42. A V Hughes, Arfryn, St Georges Drive, Prestatyn LL19 8EH 43. N Moth, 1 Chinchester Drive, Prestatyn 44. Mrs E Fletcher, 6 St James Drive, Prestatyn

46 45. W Dawson, 4 Bangor Crescent, Prestatyn 46. Ms S C Gough, 10 Bangor Crescent, Prestatyn 47. W B & K R Evans, 32 Bangor Crescent, Prestatyn 48. Mrs D Owen, 27 Bangor Crescent, Prestatyn 49. J L Bryce, 23 Bangor Crescent, Prestatyn 50. Mrs D Makin, 50 Bangor Crescent, Prestatyn 51. Louise Spencer, 40 Bangor Crescent, Prestatyn 52. A Holt, 8 Bangor Crescent, Prestatyn 53. Mr D Griffiths, 9 Bangor Crescent, Prestatyn 54. C Garry, 19 Bangor Crescent, Prestatyn 55. L & E Farnworth, 5 Bangor Crescent, Prestatyn 56. Mrs P A Evans, 1 Bangor Crescent, Prestatyn 57. S K Griffiths, 13 Bangor Crescent, Prestatyn 58. R Griffiths, 9 Bangor Crescent, Prestatyn 59. R J Church, 15 Bangor Crescent, Prestatyn 60. A J Bryce, 23 Bangor Crescent, Prestatyn 61. P Machin, 50 Bangor Crescent, Prestatyn 62. N Brown, 31 Bangor Crescent, Prestatyn 63. Mrs H Walker, 9 Chichester Drive, Prestatyn 64. K Mountford, 92 Fforddisa, Prestatyn 65. C Cooper, 98 Fforddisa, Prestatyn 66. P L Roberts, 96 Fforddisa, Prestatyn 67. Mr & Mrs J Butler, 59 Fforddisa, Prestatyn 68. M Wadell, 100 Fforddisa, Prestatyn 69. Mr & Mrs P Chadwick, 79 Fforddisa, Prestatyn 70. Mr G Jones, 62 Fforddisa, Prestatyn 71. E English, 88 Fforddisa, Prestatyn 72. Mr B English, 88 Fforddisa, Prestatyn 73. Phillips, 50 Fforddisa, Prestatyn 74. Mrs B L Hutchinson, 107 Fforddisa, Prestatyn 75. Mr J Baker, 94 Fforddisa, Prestatyn 76. Mrs M J Barritt, 84 Fforddisa, Prestatyn 77. Mr W Brown, 87 Fforddisa, Prestatyn 78. W J Dale Bloor, 102 Fforddisa, Prestatyn 79. C Roberts, 96 Fforddisa, Prestatyn 80. Mr S Seaborn, 90 Fforddisa, Prestatyn 81. J Norris, 26 St James Drive, Prestatyn 82. Mr V Sudlow, 1 St Brelades Drive, Prestatyn 83. Mr & Mrs Lloyd, 35 St Georges Drive, Prestatyn 84. Z Cretney, 3 St Georges Drive, Prestatyn 85. F Radtienid, 5 St Georges Drive, Prestatyn 86. Mr G Lewis, 7 St Georges Drive, Prestatyn 87. Mr E Gibbins, 27 St Georges Drive, Prestatyn 88. I Dugdale, 32 St Georges Drive, Prestatyn 89. Mr & Mrs Euston, 46 St Georges Drive, Prestatyn 90. Mrs Standring, 49 St Georges Drive, Prestatyn 91. Ms P Harrison, 45 St Georges Drive, Prestatyn 92. Mr R L Jackson, 9 St Georges Drive, Prestatyn 93. Mr & Mrs J G Euston, 46 St Georges Drive, Prestatyn 94. R P Cook, 14 St James Drive, Prestatyn 95. A Henderson, 35 St James Drive, Prestatyn 96. Mr K Jones, 34 St James Drive, Prestatyn 97. Mr R Henderson, 35 St James Drive, Prestatyn 98. J L Darlington, 23 St James Drive, Prestatyn 99. Whalley, 19 St James Drive, Prestatyn 100. D Brown, 31 St James Drive, Prestatyn 101. D Laverty, 18 St James Drive, Prestatyn 47 102. L Kemp, 18 St James Drive, Prestatyn 103. Mrs V Jones, 34 St James Drive, Prestatyn 104. Mrs P Driscoll, 21 St James Drive, Prestatyn 105. C G Chestney, 31 St James Drive, Prestatyn 106. A Richardson, 17 St James Drive, Prestatyn 107. Mr R L Burke, 119 Winchester Drive, Prestatyn 108. Mr D G Wilson, 107 Winchester Drive, Prestatyn 109. Mrs B Carter, 117 Winchester Drive, Prestatyn 110. A Goodwin, 133 Winchester Drive, Prestatyn 111. Mr A Britton, 129 Winchester Drive, Prestatyn 112. Mr K S Pearce, 105 Winchester Drive, Prestatyn 113. L S Pearce, 105 Winchester Drive, Prestatyn 114. K C Clarke, 48 Winchester Drive, Prestatyn 115. Mr & Mrs R Baker, 85 Winchester Drive, Prestatyn 116. L R Davidson, 91 Winchester Drive, Prestatyn 117. Miss G Ambrose, Salisbury Drive, Prestatyn 118. Mr & Mrs Chandler, 93 Winchester Drive, Prestatyn 119. Mr & Mrs Collins, 35 The Meadows, Prestatyn. 120. Mrs B Williams, 46 Bangor Crescent, Prestatyn. 121. G Cooper, 116 Fforddisa, Prestatyn. 122. D Bone, 2 St Brelades Drive, Prestatyn. 123. Mrs S A Oliver, 80 Fforddisa, Prestatyn 124. G Pridding, 39 The Meadows, Prestatyn. 125. G Daley, 12 Heather Crescent, Prestatyn. 126. M George, 36 The Meadows, Prestatyn. 127. Mr & Mrs Morgan, 87 Ffordd Penrhwylfa, Prestatyn. 128. R A H Morris, Parkgate House, Deeside. 129. S Ali, 83 Fforddisa, Prestatyn 130. Mrs E Bird, 58 Bangor Crescent, Prestatyn 131. Chris Ruane MP 132. Mrs O Smith, 118 Fforddisa, Prestatyn 133. R Sherrington, 108 Fforddisa, Prestatyn 134. Mrs R L Jadson, 9 St Georges Drive, Prestatyn. 135. Mr & Mrs J Burns, 29 St Georges Drive, Prestatyn 136. Mr N Jones, 40 St Georges Drive, Prestatyn. 137. Mr & Mrs A Bones, 37 Princes Avenue, Prestatyn 138. Mr & Mrs Phillips, 25 St James Drive, Prestatyn 139. Mrs J Price, 1 St Georges Drive, Prestatyn 140. Mr & Mrs M Burton, 8 St James Drive, Prestatyn 141. M Roberts, 51 St Georges Drive, Prestatyn 142. A Lees, 9 St James Drive, Prestatyn 143. Brian Thomas – via e-mail 144. Barbara Wilson, 21 Canterbury Drive, Prestatyn 145. R Price, 2 The Meadows, Prestatyn 146. Mrs M L Meredith-Price, 6 Canterbury Drive, Prestatyn 147. Robin Morris, Guy Woodcock, Parkgate House, Welsh road, Deeside. 148. Brian Row, 4 Heather Crescent, Prestatyn 149. Mr Beckinsale – via e-mail 150. C G Chestney, 3 St James Drive, Prestatyn 151. Gaynor Hughes – via e-mail

Summary of planning based representations: i) Loss of open space ii) Impact on character of the area

48 iii) Impact on local wildlife iv) Drainage & Flooding issues v) Impact on privacy of neighbouring properties vi) Concerns over design, layout and density vii) Highway safety issues viii) Contamination issues

EXPIRY DATE OF APPLICATION: 14/08/2007

REASONS FOR DELAY IN DECISION:

• timing of receipt of representations • negotiation, amendments and reconsultation

PLANNING ASSESSMENT: THE PROPOSAL: 1. The site lies within the development boundary of Prestatyn where housing development is acceptable in principle. The site has no specific planning policy protection and is not designated as open space.

2. The application site comprises 1.8ha of vacant land off Tip Lane. Along the south western boundary is a small animal shelter as the site was previously used for the grazing of horses/donkeys. The site slopes gradually from south east to north west. There is currently no vehicular access to the site. Fronting Tip Lane are a line of aspen trees with the remaining area of the site covered by overgrown grass and some shrubs.

3. To the north west and south east boundaries, the site adjoins existing single storey development on Winchester Drive and Fforddisa. To the north eastern boundary is Tip Lane with further residential development on St George’s and St James’s Drive adjacent. To the south western boundary is 112 Fforddisa and its grounds, which is a 2 storey dwelling with annexe to the rear. The physical boundaries of the site are a mixture of domestic fences, timber post fencing and hedging.

4. This application is for the development of the site by erection of 51no. dwellings, construction of new vehicular access and associated works. The total site area is 2.3ha which includes all of the land proposed to make highway improvements. The application has been accompanied by:-

i) A Planning and Design Statement ii) Transport Statement iii) Flood Consequences Assessment iv) Drainage Report v) Ground Investigation Report

5. The application proposes 30% of the number of units would be available for affordable housing. It proposes a range of highway alterations/improvement, including: • minimum corridor operating width 5.5m between the junction with Fforddisa and north eastern extent of site frontage; • provision of full standard cycleway/footway facility along the development frontage and connecting to new pelican crossing facility at Fforddisa; • improved pedestrian footway facility on eastern side of Tip Lane in the vicinity of the junction with Fforddisa; • new site access junction located at 45m offset from St George’s Drive access. 49 • Access provided with 6m radii and minimum 4.5m by 70m sightlines along site frontage; • Improvements to the St George’s Drive/Tip Lane junction to increase junction radii and improved visibility to 2.4m by 44m in the leading direction and 2.4m by 33m in the non-leading direction and realignment of Tip Lane on the approach to the Fforddisa terminal junction to provide a new higher standard T junction access with 10.5m minimum 2.4 by 90m sightlines in each direction.

Additional off-site highway improvements are proposed at Fforddisa and the opposite access route of Princes Avenue. The key elements are: - • new pelican crossing facility provided at Fforddisa between new Tip Lane junction and existing Princes Avenue access; • removal of existing verges in the vicinity of the new junction and crossing facility to increase available footway and to allow extension of marked cycle route to Fforddisa and Princes Avenue; • Operating carriageway on Princes Avenue approach to Fforddisa to be narrowed to provide off- street section of combined walk/cycle route; • provision of new double yellow line controls and pelican crossing zig-zag markings to protect main carriageway approaches from inappropriate on- street parking • re-location of existing bus stop on Fforddisa to avoid conflict with new crossing and junction layout.

6. Officers are aware of and have attended public meetings in respect to flooding issues in Prestatyn. This particular application has been discussed as part of these wider public meetings.

7. Following receipt of the application, officers arranged a meeting to brief local members and arranged an additional meeting following the submission of amended plans, to provide a further update, which also included three representatives from the local residents group.

RELEVANT PLANNING HISTORY: 8. None

PLANNING POLICIES AND GUIDANCE: 9. DENBIGHSHIRE UNITARY DEVELOPMENT PLAN (adopted 3rd July 2002) Policy HSG 2 Housing development in Main Centres Policy GEN 1 Development within Development Boundaries Policy GEN 6 Development Control Requirements Policy HSG 10 Affordable Housing within Development Boundaries Policy TRA 6 Impact of new development on traffic flows Policy TRA 9 Parking & Servicing Provision Policy REC 2 Amenity & Recreational Open Space Requirements in New Developments Policy ENP 6 Flooding Policy CON 10 Scheduled Ancient Monuments Policy ENP 8 Contaminated Land

Supplementary Planning Guidance 4: Recreational Public Open Space Supplementary Planning Guidance 21: Parking Requirements in New Developments Supplementary Planning Guidance 22: Affordable Housing in New Developments Supplementary Planning Guidance 25: Residential Development Design Guide

GOVERNMENT GUIDANCE: 50 Planning Policy Wales (March 2002)

TAN 12: Design (2002) TAN 15: Development & Flood Risk (2004) TAN 18: Transport (2007)

MAIN PLANNING CONSIDERATIONS: 10. i) Principle of development ii) Archaeological Issues iii) Impact on residential amenity iv) Impact on visual amenity/character of the area v) Highway considerations vi) Affordable Housing vii) Open Space viii) Drainage ix) Flooding x) Wildlife xi) Contaminated Land

11. In relation to the main planning considerations noted above: i) Principle of development The application site is located within the development boundary of Prestatyn. The principle of residential development is considered acceptable provided the proposal complies with all other relevant planning policies. The relevant material planning considerations pertaining to this application are dealt with below.

ii) Archaeological Issues The site was a Scheduled Ancient Monument until March 2006, when CADW deleted the site from the scheduled ancient monument register. The reasons for the de-scheduling are that excavation and geophysical surveys undertaken since this site was scheduled have recovered no archaeological evidence to support the original interpretation indicating the presence of a Roman Fort. The County Archaeologist has raised no objection to this application but should permission be granted, would like to see a watching brief condition attached, which would ensure the presence of a contracted archaeologist on site.

Thus, notwithstanding Policy CON 10 the proposal is considered acceptable on archaeological grounds.

iii) Impact on residential amenity The layout of the site has been designed having regard to the siting of existing development which surrounds the site. This demonstrates that minimum distances between existing and proposed properties, as outlined in SPG 25 – Residential Development Design Guide, would be achieved. This includes standard distances of 21 metres between the main rear elevations of properties. Relationships between proposed units and existing dwellings on Ffordd Isa and Winchester Drive are considered acceptable. The house types proposed have also been designed to minimise the impact on neighbouring properties, with main windows located on principal elevations to avoid overlooking. The properties have been orientated to provide greater levels of security and amenity to enable benefits to both current and proposed inhabitants. The development provides properties with acceptable amenity levels including front and rear amenity areas, and off street parking, and it considered that an acceptable level of amenity would be afforded to future 51 occupiers of the dwellings. In this respect, the development is considered to be acceptable in terms of Supplementary Planning Guidance and the general amenity considerations in Policy GEN 6 of the Unitary Development Plan.

Any scheme of this size will clearly have some degree of impact upon the levels of amenity currently experienced by existing residents, who have been used to a vacant area of land for some years. However, having regard to the above points and the compliance with SPG and the criteria of Policy GEN 6, the amenity impact would not be such as to warrant refusal of the application.

iv) Impact on visual amenity/character of the area The majority of the surrounding properties are single storey and therefore concerns have been expressed in relation to 2 storey development in this area. Due to the sloping nature of the site, acceptable landscaping and the use of appropriate external materials it is considered that the development would not result in an adverse impact on the visual amenities of the area. The density of the development is similar to the density of nearby development, with an area measuring 1.8ha at St James’s/St George’s Drive area containing 49 units. It is considered that the density of the proposal is not over-intensive and relates to the density of nearby development.

Whilst the concerns relating to 2 storey development in an area of predominantly single storey development are acknowledged, the scheme has been designed to take this into account with the layout, siting and design complying with the intentions of Policy GEN 6.

v) Highway considerations The application has been accompanied by a Transport Assessment and proposes a number of alterations relating to highway matters, summarised in paragraph 5 of the report.

The Head of Highways has raised no objection to the scheme and in the event of planning permission being granted recommends the inclusion of conditions to ensure satisfactory details are submitted for approval in relation to the contents of the Transport Assessment/improvements proposed. No objections are raised to the proposal on highway safety grounds and it is clear that the proposal complies with adopted Policy TRA 6 and TRA 9 subject to compliance with suggested conditions.

vi) Affordable Housing The applicants have confirmed the intention to make 30% of the units available for affordable purposes. This would be consistent with the principles of the SPG on affordable housing and can be secured though a Section 106 obligation.

The submitted information confirms the following :

Number of units proposed 51 units No. of affordable houses 15 no - On Site Plot No’s 8 – 16 inc & 46 – 51 inc Tenure Social Rented & Low Cost Homeownership House type 6 no. apartments, semi detached & mews No. of bedrooms 11 no. 2 bed & 4 no. 3 beds Floor area Ranges from 50 sqm to 86 sq m

52 Timing of AH availability To be agreed in the S106, possible in relation to market value units 50% trigger Housing Association Social Housing Grant possible Involvement available for houses. Pennaf have expressed interest in the houses for rent.

Floorspace area of units where its possible Social Housing Grant is available complies with the Design Quality Requirements set by WAG with this floorspace being spread throughout the site.

Current available waiting list (July 2006) indicates the following details for the Community of Prestatyn:

Type General Sheltered 1 bed flat 522 157 1 bed house 13 0 1 bed bungalow 89 176 2 bed bungalow 441 144 2 bed flat 425 0 2 bed house 92 183 3 bed house 397 0 3 bed bungalow 23 4 4 bed or above 136 0

The above information demonstrates there is significant demand for affordable housing in the area, and it is considered that the development would assist in meeting an identifiable need.

vii) Open Space The scheme indicates a children’s play area on the site, with an area of 1517 sqm. Having regard to the provisions of Policy REC 2 and guidance within SPG 4 this provision would exceed the requirements. The siting of the play area in relation to proposed dwellings meets spacing standards, with acceptable buffer zones provided around it. In relation to the community recreational open space (CROS), the applicant is proposing a payment of a commuted sum in lieu of provision of open space on the site. The sum can be used to develop / enhance existing recreation facilities and open areas in the locality, where it would be of more obvious community value. This would be a beneficial approach in this instance. This arrangement could be secured through the completion of a Section 106 agreement with this approach complying with policy and guidance.

viii) Drainage A drainage report has been submitted with the application. Dwr Cymru Welsh Water have raised no objection to the proposal to connect to the public sewer system.

With regard to surface water drainage, following receipt of the response from Environment Agency in September, the applicant has provided calculations. The calculations submitted show that for the 1 in 100 year storm event, plus an additional 20% volume for climate change, an attenuation volume of approximately 680m3 is required to achieve this run-off. The plan submitted shows that this attenuation volume can be provided in pipes and manholes 53 under roadways.

It is noted that the surface storage scheme is subject to detailed design and therefore the Environment Agency recommend that a condition for detailed surface water system design be included, should permission be granted. There are limits to the water flows allowed, which should not exceed 4.3 litres a second and therefore on site attenuation is required in the form of storage tanks which will be covered by a Section 104 agreement and adopted by Dwr Cymru Welsh Water. Residents have raised objections to the development in the light of recent issues with flooding and the adequacy of drainage systems to cope. It is clear, however, that the proposal, having regard to responses from specialist consultees complies with adopted policies and guidance. The statutory consultees, within subsequent and more recent letters to the Authority, have not altered their position and subject to the inclusion of conditions have “no objection” to the proposed development.

ix) Flooding The northern extremity of the site is located within a Zone C1 floodplain whereas the majority of the site, including areas to accommodate housing, lie within a Zone B (generally suitable for all forms of development) and therefore obliges due consideration of the advice in TAN 15 – Development and Flood Risk. The view is taken that with regard to the justification tests of TAN 15, the development of windfall sites offering the possibility of affordable dwellings is in support of the Council’s strategy to sustain settlements, and that the development conforms with the aims of Planning Policy Wales and our own adopted policies.

A Flood Consequences Assessment has been submitted and the Environment Agency has confirmed they are satisfied the flood risk can be managed to an acceptable level with a condition relating to minimum floor levels on certain plots (northern boundary) to be imposed should permission be granted. Given that the vast majority of the site lies outside Zone C1, the proposal is acceptable.

x) Wildlife An ecological survey has been carried out and it has been confirmed that there is an active badger set local to the site, but not actually on the site itself. Badgers would cross the site to gain access to the sett and therefore it is proposed to provide a 2m wide corridor/strip of land along the northern boundary of the site to maintain this access. The Countryside Council for Wales have raised no objection to the proposal but in the event that planning permission be granted, would recommend a condition be attached requiring the submission of mitigation measures and compensation schemes. These could include Reasonable Avoidance Measures such as timing of operations and erection of barrier fencing. Given the specialist advice received and the suggested conditions the scheme would comply with adopted policies relating to ecology which in turn would be in line with National Guidance on the subject.

There are no other wildlife interests of significance on the site.

xi) Contaminated Land A detailed Ground Investigation Report has been submitted with the application which has been evaluated by the Council’s Contaminated Land Officer. The Officer is satisfied that any issues relating to the proximity to the landfill site have been addressed in this report. The report concludes that there is no evidence of any excessive chemical contamination but that 54 properties in a part of the site should be provided with a membrane to exclude landfill gases. This would be controlled in detail at building regulations site and by a suggested condition. Following receipt of the Environment Agency’s response in September, the applicant has provided them with information relating to contamination. The Agency, in subsequent correspondence, have raised no objection subject to the inclusion of conditions ensuring the developer liaises with them during development.

SUMMARY AND CONCLUSIONS: 12. Whilst acknowledging the application has generated considerable local reaction and objection, the reality here is that the development is acceptable in terms of planning policy and principles, and specific matters of concern are addressed by the detailing of the scheme and suitable planning conditions.

13. The site is within the development boundary and has no specific policy designation. This application provides an acceptably designed development, and subject to control over detailing would an acceptable scale of development within a long established residential area. The density of development would not lead to unacceptable relationship with existing properties and the spaces between existing and proposed dwellings, garden areas proposed and the general layout meets policy criteria and supplementary guidance/standards for residential development. The Environment Agency is satisfied at the conclusions of a Flood Consequences Assessment which confirms proposed floor levels of certain plots are acceptable. The highway alterations proposed are considered acceptable and an overall improvement in the area with sufficient off street parking to be provided within the site. Drainage arrangements are considered acceptable.

The recommendation is subject to the completion of an obligation under Section 106 of the 1990 Planning Act to secure

(a) The provision of 15 affordable housing units and the retention of these units for affordable purposes

(b) The payment of a commuted sum for provision and maintenance of open space of £106,916.40 apportioned as follows:

CROS Provision Costs £46,781.28 CROS Maintenance Costs £44,541.36 Childs Maintenance Costs £15,593.76

The Certificate of Decision would only be released on completion of the legal obligation, and on failure to complete within the time period. The application would be represented to the Committee and determined in accordance with the policies of the Council applicable at that time, should material circumstances change beyond a period of 12 months after this Committee.

RECOMMENDATION: GRANT- subject to the following conditions:-

1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2. No development shall take place until there has been submitted to, and approved in writing by, the Local Planning Authority, a detailed scheme of hard and soft landscaping for the site, and such scheme shall include details of: (a) all existing trees, hedgerows and other vegetation on the land, details of any to be retained, and measures for their protection in the course of development. (b) proposed new trees, hedgerows, shrubs or vegetation, including confirmation of 55 species, numbers, and location and the proposed timing of the planting; (c) proposed materials to be used on the driveway(s), paths and other hard surfaced areas; (d) proposed earthworks, grading and mounding of land and changes in levels, final contours and the relationship of proposed mounding to existing vegetation and surrounding landform; (e) Proposed positions, design, materials and type of boundary treatment. 3. All planting, seeding, turfing, fencing, walling or other treatment comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the completion of the development and any trees or plants which, within a period of five years of the development, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 4. No development works of any kind shall begin until the presence of a contracted archaeologist has been secured on-site according to the prescriptions set out in a curatorial design brief and approved in writing by the Local Planning Authority. Access, at any reasonable time, shall be given to this archaeologist to enable the observations and recording of any archaeological remains uncovered during the early stages of development. A report of any archaeological records made must be deposited with the County Sites and Monuments Record, Clwyd-Powys Archaeological Trust, 7a Church Street, Welshpool, Powys, SY21 7DL (01938-553670) within one month of the completion of this work with a summary of records sent to the Local Planning Authority at the same time. 5. No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been approved by the Local Planning Authority. Surface Water runoff from the site shall be limited to 4.3l/s with attenuation on site for the 1% storm, plus 20% increase in volume for climate change. Such scheme shall be implemented before the construction of impermeable surfaces draining to this system unless otherwise agreed in writing by the Local Planning Authority. 6. No development approved by this permission shall be commenced intil a scheme for the provision of a surface water flow route though the site and overland flood storage areas has been approved by the Local Planning Authority. 7. The finished floor levels of plots 26-33inc and 46-51inc shall be set no lower than 5.85m AOD. 8. Facilities shall be provided and retained within the site for the loading, unloading, parking and turning of vehicles in accordance with the approved plan and which shall be completed prior to the development being brought into use. 9. Full details of the widening of Tip Lane, cycle/footway link, controlled pedestrian crossing, access improvements and associated highway works as indicated in the Transport Statement dated 19th March 2007, shall be submitted to and approved in writing by the Local Planning Authority before any works state on site. The details to be approved shall include the detailed design, construction, street lighting, drainage and the highway improvement works shall be fully constructed in accordance with the approved details before any housing development commences. 10. The detailed layout, design, means of traffic calming, signing, drainage and construction of the internal estate roads shall be submitted to and approved by the Local Planning Authority prior to the commencement of any work on site. 11. Prior to the commencement of the development detailed mitigation proposals and compensation schemes in respect of the badgers shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the implementation of Reasonable Avoidance Measures. 12. No external wall or roof materials shall be applied 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 [and roof(s)] of the development hereby permitted and no materials other than those approved shall be used. 13. In the event that any areas of unexpected contamination become evident in the course of development, all works in the vicinity of that contamination shall be suspended immediately, and the Local Planning Authority shall be notified within 24 hours. No work shall be permitted to continue in the affected area until the written agreement of the Local Planning 56 Authority has been obtained to details of the measures proposed to remove or contain any hazard presented by the contaminants, and the method of rendering harmless such contamination. The development shall only be permitted to proceed in accordance with the details approved. 14. No work shall be permitted to commence until there has been a phased gas investigation carried out over the entire site to ascertain whether the development is at risk from gases escaping from the ground, such investigation should consist of a desk study and it deemed necessary within said study a gas survey in accordance with CLR11 ("Model Procedures for the Management of Land Contamination") and C659 ("Assessing risks posed by hazardous ground gases to buildings") and to include gas monitoring data; and the contents of the investigation and its conclusions are submitted to the Local Planning Authority for assessment. 15. In the event that the site survey required by condition 12 of this permission reveals a hazard from gas, no development shall be permitted to commence until there has been submitted to the Local Planning Authority a detailed site specific risk assessment to identify the risks to property, building materials, future users of the site and any other person; and written approval of the Local Planning Authority has been obtained to detailed proposals for addressing the risks and specific measures for protection against the hazard from gas. The development should not be occupied/used until a Validation report prepared by an independent and suitably experienced third party to show that the works have been satisfactorily carried out and has been submitted to and approved in writing by the Local Planning Authority. 16. Should contamination material be observed (visual or olfactory) during development then the Environment Agency Wales must be contacted and a site investigation to determine the nature and extent of contamination will be required. In the event that contamination is confirmed the developer must liaise with the Environment Agency Wales on measures required to protect surface water and groundwater interests. This may include undertaking a risk assessment and derivation of appropriate remedial targets.

The reason(s) for the condition(s) is(are):-

1. To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. 2. To ensure in the interests of visual amenity a satisfactory standard of landscaping in conjunction with the development. 3. To ensure a satisfactory standard of development, in the interests of visual amenity. 4. In the interests of archaeological investigation and recording. 5. To prevent the increased risk of flooding by ensuring the provision of a safisfactory means of surface water disposal. 6. To prevent the increased risk of flooding by ensuring the provision of a satisfactory surface water flood flow route and overland storage area. 7. To minimise the risk of inundation. 8. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 9. In the interests of the free and safe movement of all users of the highway and to ensure the formation of a safe and satisfactory access. 10. In the interests of the free and safe movement of all users of the highway and to ensure the formation of a safe and satisfactory access. 11. In the interests of nature conservation. 12. In the interests of visual amenity. 13. To ensure that suitable measures are taken to deal with contaminated land in connection with the development. 14. To ensure that the extent of the hazard from gas is established and that adequate 57 steps are to be taken to deal with the hazard from gas. 15. To ensure that the extent of the hazard from gas is established and that adequate steps are to be taken to deal with the hazard from gas. 16. To prevent pollution of the water environment

NOTES TO APPLICANT:

Public Footpath no 39 about the development site and therefore your attention is drawn to the following advisory notes: * There is no diminution in the width of the right of way * No building materials are stored on the right of way * No damage to the surface, temporary of permanent. If surface is to be altered, a license is required. This can be obtained by contacting the Public Rights of Way Section n 01824 706872 * Vehicle movements should not interfere with the publics use of the way * No additional barriers are places across the right of way, of either temporary or permanent nature * The safety of members of the public using the right of way is ensured at all times

Due to the site's partial location within a floodplain, it is recommended that the inclusion of flood proof construction techniques are incorporated into the design of plots 26 - 33 inc and 46 - 51 inc.

Further advice on compliance with planning conditions 11, 12 & 13 may be obtained be contacting Denbighshire County Council's Public Protection Department on 01824 706137. Should it be identified within the investigation that contamination may affect other receptors other than site users then it is recommended that these issues are addressed in consultation with the Public Protection Department prior to commencement of works so as to avoid enforcement under Part IIA of the Environmental Protection Act, 1990. Your attention is drawn to the attached Highway Supplementary Notes Nos. 1, 2, 3, 4, 5 & 10. Your attention is drawn to the attached Part N form (New Road and Street Works Act 1991).

58 AGENDA ITEM NO: 6

REPORT TO COUNCIL

REPORT BY THE HEAD OF PLANNING AND PUBLIC PROTECTION

DATE: 20TH NOVEMBER 2007

SUBJECT: DEVELOPMENT OF 0.12HA OF LAND BY THE ERECTION OF 3 NO. LOCAL AFFORDABLE DWELLINGS AND INSTALLATION OF PRIVATE TREATMENT PLANT (OUTLINE APPLICATION)

LOCATION: LAND SOUTH OF BETHESDA CHAPEL, PENTREDWR, LLANGOLLEN

1. PURPOSE OF REPORT

1.1 To seek the resolution of the Full Council on a planning application considered by the Planning Committee on 10th October 2007.

2. BACKGROUND

2.1 Part 3 (i) of the current Scheme of Delegation relating to planning applications indicates that where Members resolve to grant planning permission on applications which represents significant departure from the adopted Development Plan the final decision is referred to Full Council.

2.2 This is a case where the proposal to develop 3 no. local affordable dwellings is currently not allowed for by the adopted Unitary Development Plan. There are however other material considerations that justify a departure in this instance. Attached as the appendix is the case officer’s report to the Planning Committee.

2.3. At the Planning Committee, Members resolved to grant outline planning permission as recommended by Officers subject to conditions and the applicant entering into a Section 106 legal agreement to control the future use of the housing.

3. WHY APPLICATION REPRESENTS A DEPARTURE

3.1 The proposal represents a departure from the adopted Unitary Development Plan as it seeks to develop land for housing outside any defined settlement limits. There is no defined settlement in Pentredwr and the application site represents an open countryside location where no

1 “essential” agricultural or forestry need exists for housing.

3.2 Furthermore, the application site is not positioned on the edge of an existing settlement where an exception could be made for affordable housing under the provisions of adopted policy (HSG11) and guidance (Technical Advice Note 2 – Planning and Affordable Housing June 2006).

4 JUSTIFICATION FOR DEPARTURE

4.1 The Officer’s Planning Committee report (appendix), pages 80-84 sets out the main planning considerations in this instance.

4.2 I am of the view that there exists a recognisable rural, affordable housing need which requires the adoption of a flexible, ‘case by case’ approach to provision of affordable housing outside current adopted policy.

4.3 A significant body of evidence exists in the form of the Rural Housing Enabler (RHE) Survey 2005, Council Housing Waiting Lists and Income Data which highlights the need to look pragmatically at the proposals to provide local affordable dwellings, where there is clearly a demonstrable need for such housing.

4.4 Having regard to these other material considerations above and the intentions of planning policy and Assembly guidance to seek to provide for the clear local housing need I maintain that a departure from the adopted plan is justified in this instance.

5. FINANCIAL CONTROLLER STATEMENT

5.1 There are no significant financial implications for the Council resulting from this matter.

6. RECOMMENDATION

6.1 It is recommended that Full Council upholds the resolution from Planning Committee and allows this departure from the adopted Development Plan.

2 Heading: REFERENCE NO.: 27/2007/0395/PO LAND SOUTH OF BETHESDA CHAPEL PENTREDWR, LLANGOLLEN

Graham Boase Application Site Head of Planning & Public Protection Denbighshire County Council Date 13/11/2007 Scale 1/1250 Caledfryn Centre = 319891 E 346602 N Smithfield Road This plan is intended solely to give an indiction of the LOCATION of Denbigh the application site which forms the subject of the accompanying report. Denbighshire LL16 3RJ It does not form any part of the application documents, and should not be taken as representative of the proposals to be considered, which are Tel: 01824 706800 Fax: 01824 706709 available for inspection prior to the meeting.

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office. © Crown copyright. Unauthorized reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Denbighshire County Council. 100023408. 2007.

Atgynhyrchir y map hwn o ddeunydd yr Ordnance Survey gyda chaniatâd yr Ordnance Survey ar ran Rheolwr Llyfrfa Ei Mawrhydi © Hawlfraint y Goron. Mae atgynhyrchu heb ganiatâd yn torri hawlfraint y Goron a gall hyn arwain at erlyniad neu achos sifil. Cyngor Sir Ddinbych. 100023408. 2007.

SWJ ITEM NO: 17

WARD NO: Llangollen

APPLICATION NO: 27/2007/0395/ PO

PROPOSAL: Development of 0.1 hectares of land by the erection of 3 no. local affordable dwellings and installation of private treatment plant (outline application)

LOCATION: Land South of Bethesda Chapel Pentredwr Llangollen

APPLICANT: Cymdeithas Tai Clwyd

CONSTRAINTS: PUBLICITY Site Notice - Yes Press Notice - Yes Neighbour letters - Yes UNDERTAKEN:

CONSULTATION RESPONSES: 1. LLANTYSILIO COMMUNITY COUNCIL ”The Council has no objections to this application”.

2. ENVIRONMENT AGENCY At the time of writing the report, response awaited on additional drainage plan.

3. HEAD OF TRANSPORT & INFRASTRUCTURE No objection subject to inclusion of standard conditions.

4. HEAD OF HOUSING SERVICES Highlights: i) Application submitted as a result of the Rural Housing Enabler (RHE) working with the local community and a local landowner providing the land.

ii) Intension to pursue a Social Housing Grant for rented houses.

iii) RHE survey identifies 13 households in need of affordable housing.

iv) Supports the proposal.

5. PRINCIPAL COUNTRYSIDE OFFICER No objections, in principle. Notes that hedges and trees are a feature of the area. Suggests retaining and protecting as much as possible of the site/ roadside hedge and a young ash tree.

6. CLWYD POWYS ARCHAEOLOGY TRUST Advises:-

i) A single metal Bronze Age socketed axe was found about 35 metres south of the Chapel in 1950. Single finds are difficult to interpret i.e. this may be a casual loss miles from contemporary settlement; or indicates nearby hoard of metalwork or even settlements of Bronze Age date on/or adjacent to the site.

ii) Suggests a standard watching brief as a condition, on earliest development phase i.e. topsoil stripping and foundation trench excavation.

1 7. COUNTY ECOLOGIST No response.

8. COUNTY ARCHAEOLOGIST The Historic Environment Records notes a Bronze Age socketed axe found near the site in the 1950’s. States that such finds may reflect stray losses but may be occasionally associated with occupation sites. Recommends an archaeological watching brief condition is attached. The brief for this work (to be undertaken by an archaeological contracting company at developer’s expense) could be written by the Archaeologist.

9. COUNTRYSIDE COUNCIL FOR WALES No formal objection, subject to conditions attached to any permission, in order to safeguard the quality and character of the surrounding countryside. Includes comments in support of this recommendation :

• Refers to Policy HSG 11; concerns that the site is detached from the ‘main’ settlement area. The Local Planning Authority therefore need to satisfy themselves that there are no suitable alternative sites available closer to existing development. • A condition of need for affordable housing in this rural location. • Site is within an area recognised for its high landscape quality - Area of Outstanding Beauty (AOB). Development would not form an intrusive feature in the landscape provided the detailed design and construction is of an appropriately high standard, and materials used conserve rural character. Highlights policy ENV 2 ; need to protect landscape; development should be designed to a high standard and materials should be appropriate to the area. Conditions should be included to ensure natural slate roofing, elements of local stone and rendered facades appropriate for this landscape character. Additionally, landscape planting and retention of existing natural hedge boundaries should be adopted, enhancing natural beauty.

RESPONSE TO PUBLICITY: Letter of representation received from:-

1. Mrs. M. Hughes, Pentredwr Farm, Eglwyseg, Llangollen

Summary of planning based representations:-

Principle & Policy (i) Agree with building properties for local people, providing foothold on property ladder.

(ii) What is the difference between the Council/Tai Clwyd building properties in a green belt area and ourselves building on our land in the same locality (letter also refers to husband proposing to retire from farming; currently living in rented accommodation).

EXPIRY DATE OF APPLICATION: 16/08/2007

REASONS FOR DELAY IN DECISION: • timing of receipt of representations • delay in receipt of key consultation response(s) • additional information required from applicant • re-consultations / further publicity necessary on amended plans and / or additional information

2 PLANNING ASSESSMENT: THE PROPOSAL: 1. The application is in outline form and involves 0.1 ha of land situated between the Bethesda Chapel and Siloh Chapel buildings, and adjacent to the highway. The application site lies in a valley location, with relatively level land and mature hedgerows along the highway boundary.

2. Drainage details include a new/separate septic tank and soakaway system, in a separate field area, to the east of the application site and highway. A new vehicular access point is indicated onto the adjoining highway.

3. The proposal is submitted on the basis of providing new dwellings to meet local affordable needs. An indicative site plan includes a terrace of 3 units, with car parking areas at the rear/side.

4. The application includes the following documentation:- i) Affordable Housing Questionnaire. ii) Letter from Rural Housing Enabler, Denbighshire and Conwy. iii) Draft Section 106 obligation iv) Soil porosity tests

5. The proposal represents a ‘departure’ application in that it is contrary to the policies of the Unitary Development Plan. There is no case that there is an ‘essential’ need for agricultural and /or forestry workers ( policy HSG 6); ‘infilling’ (Policy HSQ 5) ; neither is it positioned on the edge of a settlement (Policy HSG 11) or complies with WAG definition for a ‘Rural exception site’ i.e. “ small scale housing site, within or adjoining existing rural settlements for the provision of , within or adjoining existing rural settlements for the provision of affordable housing to meet local needs, which would not otherwise be allocated in the development plan ”. (TAN 2: Planning and Affordable Housing, June 2006). There is no defined settlement in Pentredwr of Llantysilio in the current Unitary Development Plan.

6. The accompanying documentation highlights the Rural Housing Enabler’s( RHE) work with the local community, Llantysilio Community Council, together with the site context. It is understood that this is the only site offered for consideration, for local housing development within the community council area.

RELEVANT PLANNING HISTORY: 7. No recent planning history recorded.

PLANNING POLICIES AND GUIDANCE: 8. DENBIGHSHIRE UNITARY DEVELOPMENT PLAN (adopted 3rd July 2002) Policy GEN 3 - Development Outside Development Boundaries Policy GEN 4 - Scattered Development Outside Development Boundaries Policy GEN 6 - Development Control Requirements Policy GEN 8 - Planning Obligations Policy GEN 10 - Supplementary Planning Guidance Policy EMP 4 - Foul and Surface Water Drainage Policy HSG 5 - Groups of Houses in the Open Countryside Policy HSG 6 - New Dwellings in the open countryside Policy HSG 11 - Affordable Housing for Local Needs in Rural Areas Policy ENV 1 - Protection of the Natural Environment Policy ENV 2 - Development affecting the AONB/AOB Policy ENV 4 - International/National Sites of Nature Conservation 3 Value Policy ENV 6 - Species Protection Policy ENV 7 - Landscape/Townscape Features Policy TRA 6 - Impact of new development on traffic flows Policy TRA 9 - Parking and servicing provision

Supplementary Planning Policy – Local Needs - Adopted July 2007

SPG 6 - Trees and Development SPG 15 - Archaeology SPG 18 - Nature Conservation and Species Protection SPG 21 - Parking Requirements in New Developments SPG 22 - Affordable Housing in New Developments SPG 25 - Residential Development Design Guide

GOVERNMENT GUIDANCE

Planning Policy Wales (March 2002)

Ministerial Interim Planning Policy Statement 01/2006 – Housing TAN 2 - Planning and Affordable Housing June 2006 TAN 5 - Nature Conservation TAN 15 - Development and Flood Risk TAN 18 - Transport

MAIN PLANNING CONSIDERATIONS: 9. i) Principle – policy and justification ii) Archaeology iii) Drainage iv) Nature Conservation

10. i) Principle – Planning policy and justification for development contrary to the development plan

Policy With the proposal representing a clear departure from current policies, significant justification, demonstrating overriding circumstances is essential i.e. up to date and rigorous local housing needs assessment; site selection process; assessment of site specific issues; relevance of local needs policy criteria. The site is located within an Area of Outstanding Beauty.

There are no Unitary Development Plan policies which provide for local needs housing in open countryside locations.

TAN 2 highlights “It is important that there is adequate housing provision in rural areas to meet the needs of local people and to contribute to the delivery of sustainable communities” (par 10-12) MIPPS also advises that in order to safeguard the countryside’s character, and in developing sustainably, new houses have to be strictly controlled. Rural exception sites “is an exception to the policies for general housing provision and must be fully justified, setting out the type of need and the kind of development falling within the terms of the policy. The affordable housing provided on such sites should meet the needs of local people in perpetuity”.

4 TAN 2 advises that Local Planning Authorities should define their ‘local needs’ in rural areas (para 10.16) This can include:’ • existing households needing separate accommodation in the area; • people whose work provides essential services and who need to live closer to the local community; • people with a family connection or long standing links with the local community; and • people with a job offer in the locality who require affordable housing.’

The TAN also highlights that ‘local’ must be defined in the development plan. This includes • the village or group of villages; • the community council area; • an electoral ward or group of wards; • the local authority area.

The Council’s adopted local connections policy for affordable housing (adopted June/July 2007) states:

‘Where the provision of Affordable Housing is to be provided through granting planning permission and a Section 106 agreement (or similar) is required to ensure that the household meets all 3 of the following criteria : - - is an eligible affordable household - comprises a household in unsatisfactory accommodation - comprises a household with a genuine or strong local connection the definition and criteria to qualify under the local connections test is set out below-

Local connection

At least one of the following tests or criteria must be met to establish a strong or genuine local connection above: - (i) A household must have lived/resided as its PRINCIPAL RESIDENCE continuously in the locality for 5 years (ii) A household must have previously lived/resided as its PRINCIPAL RESIDENCE continuously in the locality for 5 years and wishes to move back (iii) the household has worked continuously in the locality for at least 5 years – or retired from work in the locality within the last 2 years following continuous work in the locality for at least 5 years (iv) a household which has vacated tied accommodation as its principal residence and which has lived or worked in the locality for minimum of 5 years (v) a household containing a key worker who works in the locality and wishes to live in the locality – no qualifying period is necessary (vi) where the household/person is moving into the area to look after a close relative/friend who (i) qualifies as above and (ii) is in need of substantial care and attention.

The current policy excludes adopting a different approach between rural and urban areas.

Justification for departure

• Census

5 Llantysilio is a rural community; the census profile (available on the DCC Web site) indicates a total population of 404 in 1991; and 472 in 2001, representing a population density 0.2 persons per ha. Nearly 70% of all housing is owner occupied; with nearly 30% other rented. The main 2001 census changes include increase in overall population and increase in age profile 15-64.

The Council’s Land Availability Housing Completions 1997 - 2007 indicate a total of 7 dwelling units. Current information indicates a total of 397 houses in the community area.

• Rural Housing Enabler (RHE) Survey The RHE Survey (completed October 2005) concluded: (i) Of the 13 identified as being in need, 1 unlikely to afford to purchase and 1 may be able to purchase on open market. (ii) If half of the need is taken as a guideline of actual need – 6 households, maybe 1 or 2 bedroomed properties. (iii) If HA involved – recommend a tenure neutral basis. (iv) Whilst a snap– short survey – gives a good indication in next 5 years. (v) Community Council eager to ensure housing provided for local people only.

• Council waiting list The Council’s July 2006 waiting list information indicated a total of 66 applicants for Llantysilio Community Council. In August 2007 the renting waiting list information for Denbighshire Council (and Housing Associations combined - Clwyd Alyn, & Tai Clwyd)) indicated 80 applicants (significant increase for sheltered housing), apportioned as follows:

1bed 1 Bed. 1 bed. 2 bed 2 bed. 2 bed. 3 bed 3 bed. 4 plus Total flat House bung. flat house Bung. house Bung. bed. house G 70 9 3 0 16 18 2 17 1 4 S 2 0 3 2 0 3 0 0 0 10

Key ; G= General Housing needs S = Sheltered Housing Needs

Applicants may have registered an interest in one or more areas and/or waiting list. Additionally, the current list represents a joint approach list.

• Low cost homeownership register (as defined in the local connections policy) Tai Clwyd disaggregated information confirms first choice for 2 applicants to the Llantysilio Community area.

• Income The CAC1 income data for 2006 indicates £38,800 average household income.

• Existing/current affordable Housing 106 obligations/schemes ( cascade effect/ neighbouring communities ) Neighbouring Community Council areas include the Llangollen; Corwen; Bryneglwys; Llandegla; with Wrexham County Borough Community (WCBC) Council Communities on east boundary. With the exception of WCBC communities, the 2007 rented waiting list for neighbouring community towns and villages indicates a total of 770 general ; 233 sheltered needs, totalling 1003 units.

6 Current available affordable housing schemes : St.Tysilio Church, Bryneglwys ( 2 semi-detached units) and Fron Bache, Llangollen ( 2 units). The St.Tysilio development is essentially completed.

Other schemes exist at outline or part reserved details stage ( e.g. Cwm Arddau, Glyndyfrdwy) or awaiting the completion of a 106 obligation (e.g. Berwyn Works, Llangollen)

• Site density and location. With a total of three (3 no. ) units, the proposal complies with SPG 22 density requirements. Positioned between two existing modest sized (former chapel use) buildings; the site historically adjoins a row of terraced cottages (demolished).It is considered difficult to define the proposal as overall sporadic, isolated development.

Overall, it is considered the foregoing information and supporting detail establishes there are significant local housing need issues in this area, and that there may be some justification for the adoption of an ‘alternative’ approach to provision outside current policy.

ii) Archaeology Consultation responses form CPAT and the County Archaeologist highlight potentially sensitive archaeological issues. A watching brief condition is consistent with SPG 15.

iii) Drainage Current available information indicates that the drainage system would be on land which falls within Zone B flood zone as defined in TAN 15. The proposed residential site itself lies outside the Flood zone area.

TAN 15 includes guidance on safeguarding water from contamination and increase in surface water flows into areas of flood. Additionally, the field area borders a tributary to the main River Dee; designated a Special Area of Conservation ( SAC), A European designation, and is also designated a Site of Special Scientific Interest ( S.S.S.I).

The agent is aware of the flood zone constraint and, at the time of writing the report, is liaising with the Environment Agency.

iv) Nature Conservation Given the proximity to the River Dee and potential SAC issues, the Countryside Council for Wales require consultation.

The site includes a hedgerow, with an adjacent tree, representing positive local landscape and biodiversity features. With the aims of policies ENV 6 (Species Protection) and ENV 7 (Landscape/Townscape Features) , the hedgerow ( minus the vehicular access point) should be retained and enhanced.

SUMMARY AND CONCLUSIONS: 11. The application is submitted on the basis of a recognisable community need, identified through the Rural Housing Enabler, for Llantysilio Community and neighbouring communities. Additionally, there are clearly significant housing needs for all neighbouring communities in the area.

Dealing with new rural housing developments involves a range of difficult issues, especially in those communities (such as Llantysilio ) without any defined 7 settlements and a history of increasing house prices and high landscape character.

Taking into consideration the ‘local need’ evidence and information, planning policies and TAN guidance; the site location, the proposal is considered worthy of support in principle. Detailed design issues will, however, have to support and reflect the design and character of the locality at reserved matters stage.

The recommendation is to grant planning permission but subject to the applicants first entering into a Section 106 obligatio n to cover specific local affordable housing needs, as defined in the Council’s local connection policy. The local needs area is defined as the Llantysilio Community Council area.

The recommendation is also subject to referral to Full Council as the application represents a significant departure from the development plan.

RECOMMENDATION: - GRANT subject to the following conditions:-

1. Approval of the details of the siting, design and external appearance of the building(s), and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before the commencement of any development. 2. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of one year from the date of this permission. 3. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4. All planting, seeding, turfing, fencing, walling or other treatment comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the commencement of the development and any trees or plants which, within a period of five years of the development, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 5. Facilities shall be provided and retained within the site for the parking and turning of vehicles in accordance with a scheme to be agreed with the Local Planning Authority and which shall be completed prior to the proposed development being brought into use. 6. The siting, design and construction of the means of access to the site shall be as may be approved by the Local Planning Authority. 7. With the exception of the vehicular access point, no other part of the highway boundary hedgerow or trees identified in the plan accompanying this permission shall be removed without first obtaining the formal written consent of the Local Planning Authority. 8. No development works of any kind shall begin until the presence of a contracted archaeologist has been secured on-site according to the prescriptions set out in a curatorial design brief and approved in writing by the Local Planning Authority. Access, at any reasonable time, shall be given to this archaeologist to enable the observations and recording of any archaeological remains uncovered during the early stages of development. A report of any archaeological records made must be deposited with the County Sites and Monuments Record, Clwyd-Powys Archaeological Trust, 7a Church Street, Welshpool, Powys, SY21 7DL (01938-553670) within one month of the completion of this work with a summary of records sent to the Local Planning Authority at the same time.

The reason(s) for the condition(s) is(are):-

8 1. The application is for outline permission with details of means of access only. 2. To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. 3. To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. 4. To ensure a satisfactory standard of development, in the interests of visual amenity. 5. To provide for the parking of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 6. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 7. In the interest of the nature conservation and amenities of the locality. 8. In the interests of archaeological investigation and recording.

NOTES TO APPLICANT:

Your attention is drawn to the attached Highway Supplementary Notes Nos. 1, 3, 4, 5 & 10.

Your attention is drawn to the attached Part N form (New Road and Street Works Act 1991).

AGENDA ITEM NO: 7

REPORT TO: COUNTY COUNCIL

REPORT BY: HEAD OF PLANNING AND PUBLIC PROTECTION

DATE: 20 NOVEMBER 2007

SUBJECT: CHANGE OF USE OF FORMER FIRST FLOOR LICENSED CLUB TO FORM EXTENSION TO ADULT AMUSEMENT CENTRE

LOCATION: FIRST FLOOR, 78 HIGH STREET, RHYL

1. PURPOSE OF REPORT

1.1 To seek the resolution of the Full Council on a planning application considered by the Planning Committee on 5 September 2007.

2. BACKGROUND

2.1 Due to the deadline for preparing reports for Full Council on18 September 2007 being before Planning Committee on 5 September 2007 this is the first opportunity Officers have had to report this decision at Planning Committee to Full Council.

2.2 For clarity, for the purposes of this planning application “Adult Amusement Centre” can be defined as a standard amusement arcade (i.e. slot machines) where the word “Adult” is used to indicate that the prizes are potentially high, thereby under licensing restrictions individuals have to be of a certain age (i.e. over 18) to use the facility (while this in itself is not a planning issue the description of the proposed change of use accurately reflects the licensing position).

2.3 Part 3 (iii) of the Scheme of Delegation relating to planning applications indicates that where Members resolve to refuse a planning application contrary to the recommendation of Officers and that resolution would be likely to result in a successful award of costs against the Council at appeal, the formal decision is referred to Full Council. This is a case where I consider there is a likelihood of an award of costs against the Council should an appeal be made. Attached as the Appendix is the case officers report to the Planning Committee.

2.4 The likelihood of an award of costs against the Council in this instance is twofold.

3. FIRST REASON

3.1 At the Planning Committee members resolved to refuse the application but no planning reasons were given.

3.2 The officer’s recommendation to grant planning permission was proposed and seconded by members at Planning Committee and duly put to the vote (i.e. for or against). However, on completion of the voting it was evident that the Committee had chosen not to accept the officer’s recommendation. The Committee voted to refuse permission, despite being no such proposal having been moved.

3.3 This anomaly in the voting process leaves officers without a suggested reason for refusal and leaves the Council vulnerable to a clear challenge should a planning appeal be made.

4 SECOND REASON

4.1 The planning application sought permission to expand an existing, authorised ground floor amusement centre on the High Street of Rhyl into the vacant first floor area.

4.2 The ground floor amusement centre use was granted on appeal in 2003 with the Planning Inspector highlighting that the use would not impact upon the vitality and viability of this commercial thoroughfare.

4.3 Current adopted policies in the Development Plan (RET 15) support the use of under-used, vacant upper floors of premises. This upper floor has not been used for some seven years.

4.4 The upper floor had previously been used as a private social club and given the nature of the proposed amusement use it would be difficult to find any reasoned justification for refusing this proposal.

4.5 The planning history of the site, adopted planning policies and neighbouring uses all support the proposed beneficial re-use of a vacant upper floor in the Town Centre of Rhyl. Subject to the suggested planning conditions in the officer’s report (appendix) the proposal is acceptable. Should the application be refused and appeal made, based on the reasons set out in this report, there is a

strong likelihood that an award of costs would be made against the Council.

5. FINANCIAL CONTROLLER STATEMENT

Potential costs referred to in 2.4 and 4.5 above should not be substantial and may not exceed £2,000. Any such costs occurring need to be contained within the relevant service budget

6. RECOMMENDATION

5.1 It is recommended that Full Council grant planning permission for the proposal as set out in the original officer’s report (appendix).

3 Heading: REFERENCE NO. 45/2007/0851/PF FIRST FLOOR, 78 HIGH STREET, RHYL

Graham Boase Application Site Head of Planning & Public Protection Denbighshire County Council Date 13/11/2007 Scale 1/1250 Caledfryn Centre = 300883 E 381371 N Smithfield Road This plan is intended solely to give an indiction of the LOCATION of Denbigh the application site which forms the subject of the accompanying report. Denbighshire LL16 3RJ It does not form any part of the application documents, and should not be taken as representative of the proposals to be considered, which are Tel: 01824 706800 Fax: 01824 706709 available for inspection prior to the meeting.

EOC ITEM NO: 15

WARD NO: Rhyl West

APPLICATION NO: 45/2007/0851/ PF

PROPOSAL: Change of use of former first-floor licensed club to form extension to adult amusement centre

LOCATION: First Floor 78 High Street Rhyl

APPLICANT: Mr M Webber

CONSTRAINTS: C1 Flood Zone

PUBLICITY Site Notice - No Press Notice - No Neighbour letters - Yes UNDERTAKEN:

CONSULTATION RESPONSES: 1. RHYL TOWN COUNCIL ”Objection, the original application was approved following a planning appeal. In his reasons for granting the appeal (Paragraph 12) the Inspector makes a point that the original premises a relatively inconspicuous position in the High Street. The Council argues that the enlargement of the amusement centre to include the first floor would not leave it inconspicuous.

Although the application for 78 High Street was only determined in 2004 there has been significant changes in the willingness of private sector to invest within Rhyl due to the significant investment by public authorities. As such it is likely that alternative users for the current application site will be found which support the commercial centre of the town”

RESPONSE TO PUBLICITY: None received

EXPIRY DATE OF APPLICATION: 30/08/2007

PLANNING ASSESSMENT: THE PROPOSAL: 1. The proposal is for change of use of the upper floor at 78 High Street to an extension to the ground floor adult amusement centre. No physical alterations are proposed to the building as the first floor is open plan in nature owing to its previous use as a licensed club.

2. Located at the south-east end of the Rhyl High Street between the junctions of Russell Road and Brighton Road, no. 78 currently operates as Webbers Amusement Arcade. The first floor previously operated as a private members club. However this use appears to have ceased in 2000 and the first floor has been vacant since.

RELEVANT PLANNING HISTORY: 3. 2/RYL/236/88 Change of Use to registered Socail Club (1 st flr) Granted 19/07/1988

45/2000/770/PF Change of Use to A3 Licensed Coffee Shop/Bar Granted 02/10/00

45/2003/960/PF Change of Use to Amusement Centre (ground flr) Granted on appeal 02/10/03

PLANNING POLICIES AND GUIDANCE: 4. DENBIGHSHIRE UNITARY DEVELOPMENT PLAN (adopted 3rd July 2002) Policy RET 1 - Town and District Centre Policy RET 6 - Town and District Centre Non A1 Uses Policy RET 15 - Upper Floors of Commercial Premises Policy TSM 17 – Entertainment Zone

MAIN PLANNING CONSIDERATIONS: 5. The main issue is considered to be: i) Principle

6. In relation to the main planning consideration above:- i) Principle Most relevant to this proposal is Policy RET 15 Upper Floor of Commercial Premises of the UDP. Generally the use of under-used and vacant upper floors is supported in the interest of sustainable development. At present the upper floor is vacant and has been vacant since 2000. The policy states that the beneficial use of the upper floors in town centres will be allowed subject to general amenity considerations. As the closest residential units to the application site are some 30m to the south no. 90 and to the rear on Bodfor Street, the proposal will not impact on residential amenity. No physical alterations are proposed to the building and the established ground floor use does not impact on the townscape, visual or town scheme considerations. The intensification of the use would not impact on highway safety and access matters owing to the town centre location.

In considering the principle of the proposal the existing established use of the ground floor within the designated RET 1 Town Centre is a significant factor. Planning permission was allowed on appeal for the change of use of the ground floor of 78 High Street in 2004. The appeal concluded that the proposal would not impact on the vitality and viability of the town centre in accordance with the criteria of Policy RET 6. Reference was made to Policy TSM 17. However the Inspector concluded that this policy is not exclusive and whilst the implication is that although amusement uses will not normally be permitted out of the TSM17 zone at the seafront, the implication is that occasionally they will.

Previous uses and the history of the first floor must also be considered. The first floor of no. 78 was previously used as social club unrelated to the ground floor use. Furthermore although never implemented planning permission was granted in 2000 for the ground and first floor to be used as a A3 Café/Bar.

The established use of no. 78 as an amusement centre appears to have had no detrimental impact on the vitality and viability of the town centre. The adjacent units are still occupied, to the south by the job centre and to the north by a gift shop, photo shop and sandwich shop. In considering the application for the change of use of the first floor and overall intensified use of the site it is not considered that the proposal would conflict with the criteria of Policies RET 15 and RET 6. Indeed the beneficial use of the upper floors with a town centre type use will reinforce the town centre function.

SUMMARY AND CONCLUSIONS: 7. The proposal is acceptable and is recommended for grant.

RECOMMENDATION GRANT - subject to the following conditions:-

1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2. No music or other sounds generated within the amusement centre shall be audible outside the building. 3. The amusement centre shall be open to the public only between the hours of 0900-2230 Mondays - Saturdays and 1000-1600 on Sundays.

The reason(s) for the condition(s) is(are):-

1. To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. 2. In the interests of the privacy/amenity of the occupiers of nearby properties. 3. In the interests of the privacy/amenity of the occupiers of nearby properties.

NOTES TO APPLICANT:

None

AGENDA ITEM 8 REPORT TO: COUNTY COUNCIL

REPORT OF: Head of Planning & Public Protection

DATE: 20 November 2007

SUBJECT: Denbighshire Local Development Plan (LDP) 2021: Amount and Distribution of Growth to go to Public Consultation

1. DECISION SOUGHT:

1.1 That Council approve the following 2 issues for public consultation as part of the Pre-Deposit LDP process:

(i) The broad level of development growth for the County up to 2021;

(ii) The broad distribution of this growth in the County.

2. REASON FOR SEEKING THE DECISION:

2.1 The broad level and distribution of growth are 2 of the key strategic issues that need to form part of the Pre-Deposit LDP which will be subject to a minimum 6 week public consultation.

2.2 The two key strategic issues for public consultation need approving before moving forward and deciding on the key sites and key policies that will be used to deliver this level of growth. All of these will form part of the Pre-Deposit LDP, which will be subject to a minimum 6 week public consultation exercise.

2.3 Whilst agreement on the Pre-Deposit LDP to go out to public consultation could have been a Lead Member delegated decision, given the long term importance of this consultation it was felt appropriate to seek Full Council approval.

3. BACKGROUND:

3.1 There has been extensive consultation on the broad amount and distribution of growth with Members for a period of several months. The issue has been discussed in detail at several LDP Working Group meetings and at all 4 recent Area Elected Member Group meetings. There was also a presentation to all Members by an external facilitator on this issue on October 2nd 2007.

Level of Growth: Employment Land

3.2 There has been consensus for some time among the LDP Working Group on the amount of employment land required in the LDP. It is agreed that Denbighshire requires somewhere in the region of 50 ha of employment land up to 2021.

Level of Growth: Housing Land

3.3 The amount of housing required has generated considerably more debate. Following considerable deliberation the October 2007 LDP Working Group generally accepted that 4,200 houses at an average over the plan period (2006 – 2021) of 280 houses a year was unrealistic, being too low.

3.4 The Working Group did provide a ‘steer’ for growth of 7,500 houses at an average over the plan period (2006 – 2021) of 500 houses a year.

3.5 It is noted that the ‘steer’ provided was not unanimous, with Members suggesting figures from 320 houses per year (4,800 total) to 640 houses per year (9,600 total) before concluding on the 500 figure (7,500 total) as the preferred figure for public consultation.

3.6 In arriving at this figure, officers presented Members with a range of growth levels for consideration set out in Table 1 below:

Table 1: Range of Housing Growth Levels Scenario Level of Growth 1. Provide housing in the LDP based upon the 280 dwellings per number of houses built under UDP policies annum (1999 -2004) 2. Provide housing in the LDP based upon the 320 dwelling per number of houses built under UDP policies annum (2001-06) 3. Provide housing in the LDP based upon Office 420 dwellings per for National Statistics (ONS) data on population annum growth in the County (using 2003 Office of National Statistics data) 4. Provide housing in the LDP based upon ONS 640 dwellings per data on population growth in the County (using annum 2005 Office of National Statistics data)

3.7 Table 2, below, sets out the broad principle behind choosing a housing figure:

Table 2: Rationale Behind Housebuilding Requirements

Range of Houses Potentially Rationale: Required: • To meet actual population trends in Denbighshire, the LDP 280 houses should be providing Denbighshire’s residents with 640 per annum dwellings per annum; • However, the County has, through the UDP, been providing between 280 and 320 per annum over last few years; • There has therefore been a historical under-provision of homes in Denbighshire; • Any figure lower than 640 dwellings per annum will have to provide some justification as to why the County Council are not providing for actual population trends – the further away from 640 dwellings per annum, the greater the 640 houses per annum justification required; • Officers consider the steer of 500 dwellings per annum provided by the Working Group to be reasonable.

3.8 Officers support the ‘steer’ provided by the LDP Working Group and consider that this level of growth will meet the needs of the County’s population more effectively than current growth rates. Not only will this go a long way to maximising the opportunities of the County’s residents to live in quality homes, it will also allow many of the benefits set out in paragraph 3.11 of this report (below) to be addressed, including the provision of more affordable housing.

Physical and Social Infrastructure and Affordable Housing

3.9 In reaching an agreed figure for consultation, Members stressed the importance of getting the right quality of development. This will be controlled through detailed policy – which can only be addressed once the issue of the amount and distribution of growth has been resolved. Several points were raised in relation to this:

• It is vital that the right mix of housing is provided, including not only affordable housing but also a range of house types and sizes, and not just large detached houses – different communities will have different needs; • Development must deliver suitable infrastructure to avoid it placing an additional burden on existing communities. For example, this could include significant highways improvements, improvements to sewage treatment works, the provision of quality open space, contributions to education provision, contributions to or the provision of community facilities e.g. libraries, community halls, and so on. • Another key issue raised by Members is ensuring that new development is of a high standard of design – taking into account the climate change issue and need to provide low or zero carbon homes. • It is also vital that the development happens in the right locations – some settlements will need more than others. Officers will liaise with Members on the needs of different communities; • The phasing of new development (in both urban and rural settlements) is something that Members also want officers to address.

3.10 Officers are in full agreement with the above points which have been made by Members and will ensure that the LDP addresses each of these issues (and others). As a result of this, officers will ensure that the LDP will have “quality of development” as its highest priority and will ensure that new developments enhance communities rather than place a burden upon them. These are issues that can only be fully debated once the principles of growth and its distribution have been resolved for public consultation.

Distribution of Growth

3.11 As well as the amount of growth that on which the Council will be consulting, the broad distribution also needs approval for public consultation. This has also been extensively debated over a period of several months. This was presented to the October LDP Working Group in terms of considering which settlements could have: a) large sites (sites of 150 dwelling or more and likely to be several hundred dwellings) b) medium sites (50-150 dwellings) c) small sites (under 50, with most likely to be less than 10 as they cover the County’s rural settlements)

3.12 Following the ‘steer’ provided by the October LDP Working Group, officers recommend that the distribution of development would be based on the Table 3 below.

TABLE 3: Spatial Distribution of New Growth in Denbighshire

Size of Development: Suggested (detailed issues including development sites, phasing of Area for the development, infrastructure, open space etc to be considered and Development: consulted with Members at the next stage)

Large sized* residential and employment development Rhyl sites will be considered at the following locations: St Asaph Bodelwyddan

Ruthin Medium sized* residential and employment Denbigh development sites will be considered at the following Prestatyn locations: Rhuallt Corwen

All remaining Small sized* residential and employment development settlements in sites will be considered at the following locations: Denbighshire – including rural settlements *Without getting bogged down in detail, as this consultation stage is about general principles, we consider large, medium and small developments to be as follows (note these figures are purely indicative): • Large: over about 150 dwellings / over 5 ha of employment land • Medium: 50-150 dwellings / over 5 ha of employment land • Small: under 50 dwellings / over 1 ha of employment land (the majority of these will be less than 10 units as they will be in rural villages)

Key Issue to Note:

3.13 It must be stressed that both the level of growth and the broad distribution of growth are only being approved to go out for the first round of public consultation. It must be accepted that both issues are potentially subject to change following full consideration of the views of external organisations, stakeholders and members of the public. Once consultation responses have been gathered, these will be reported back to the LDP Working Group before going to Cabinet or Full Council.

Next Stages in the LDP Process

3.14 Once Members have approved the broad amount and distribution of growth, officers can then present the key sites and the key policies that will enable the delivery of this growth. The Pre-Deposit LDP will be subject to public consultation either in July or September 2008.

3.15 Many of the key sites and key policies will have been discussed with Members at previous LDP Working Groups (e.g. the Major Mixed Development Areas (MMDAs)). These will be re-presented to the next LDP Working Group on November 26th, having regard to the decision taken in relation to this report.

4. COST IMPLICATIONS:

4.1 There are no immediate or direct cost implications of taking the Pre- Deposit LDP out to public consultation – other than the actual printing and consultation of the document itself.

4.2 However, ultimately when approved in 2011 or 2012 the LDP will of course have significant cost implications on several service areas and several towns and villages. Cost implications from development growth and population change could primarily manifest itself through impact on existing services and infrastructure e.g. highways, schools, open space provision, community facilities such as libraries etc. However the County's population is likely to grow even without the LDP in place - the LDP simply provides a more effective and planned mechanism for delivering this growth. Therefore an effectively prepared LDP should aim to secure social and physical infrastructure and services to accompany any growth which will provide an overall benefit rather than a burden to both our communities and Council Services.

5. FINANCIAL CONTROLLER STATEMENT:

5.1 The Council will receive some additional resources from WAG through the Revenue and Capital settlements if the population rises above the all Wales average, to help fund the potential additional service pressures detailed above. However, this is unlikely to provide anywhere near enough resources and the Council will need to take advantage of opportunities under Section 106 etc to provide the infrastructure improvements needed.

6. CONSULTATION CARRIED OUT:

6.1 Extensive consultation over a period of several months has been carried out with Members to arrive at this particular recommendation for public consultation, including presentations to each of the Area Elected Member Groups and a briefing session to all Members earlier this year.

6.2 External organisations have also been consulted on many of these issues, including the Denbighshire LDP Key Stakeholder Group – a group of key external stakeholders who have an interest in the outcome of the LDP. 6.3 Following approval of this item and subject to approval of key sites and policies at a subsequent Full Council, the Pre-Deposit LDP will be subject to a statutory period of public consultation.

7. RECOMMENDATION:

7.1 That Council approve, for the purposes of public consultation, that:

a) Approximately 50 ha of employment land is provided through the Denbighshire Local Development Plan (LDP), an average of 3.3ha per annum over the period 2006 – 2021; b) Approximately 7,500 dwellings are provided through the LDP, an average of 500 dwellings per annum over the period 2006 - 2021; c) the distribution of this growth reflects that set out in Table 3 of this report; and d) Results of consultation responses are reported back to Members of the LDP Working Group for consideration.

AGENDA ITEM NO: 9 REPORT TO: COUNTY COUNCIL

REPORT BY: HEAD OF PLANNING AND PUBLIC PROTECTION

DATE: 20 November 2007

SUBJECT: Adoption of Statement of Licensing Policy (Licensing Act 2003)

1.0 PURPOSE OF REPORT

1.1 That Members confirm the proposed amendments to the statement of Licensing Policy and adopt the Policy as reviewed, so that it might be published by 7 January 2008, in order to comply with the statutory requirements of the Licensing Act and associated Guidance.

2.0 BACKGROUND

2.1. When the Licensing Act 2003 took effect in November 2005, in accordance with Section 5 of the Act, each Local Authority had to prepare and publish a Statement of Licensing Policy.

2.2. The first Statement of Licensing Policy approved by this Council came into effect on the 7 January 2005.

2.3. In essence, the Statement of Licensing Policy establishes a local framework for decision making when considering applications for relevant permissions, or variation to existing terms and conditions. The Policy is of significant importance as Officers and Members of the Licensing Committee and Sub-Committee are required to have due regard to it when determining related applications.

2.4. As required by the legislation, and in accordance with the Guidance issued by the Secretary of State under Section 182 of the Act, the Council is required to consult upon, and review the Statement of Licensing Policy on a three yearly basis.

2.5. A full public consultation exercise on the review of the policy took place between 1 August and 15 October 2007 which included a press release, information on the web site, letters to all Members and Town & Community Councils. .

2.6. The consultation process took account of the joint working between the Licensing Authorities of Denbighshire County Council and Conwy County Borough Council. Part of the review included establishing a single Policy document that would provide a more consistent approach at and within our boundaries, which will make working practises somewhat easier, for the Licensing Authority and stakeholders alike.

2.7. The Council’s appointed Licensing Committee were updated on the statutory procedures relating to the review at their meeting on 26 September 2007, when it was agreed that the Head of Planning & Public Protection should report proposed

Page 1 of 5 amendments to the Policy to Full Council for adoption, having had regard to responses received as a result of the consultation exercise (see paragraph 5).

2.8. The Council has not received any challenge, legal or otherwise, to the existing Policy Statement, nor has the Licensing Authority received any adverse comments from the Licensing Trade or Legal Profession in regards to the Policy content. The Council can take credit in this and the amendments that have taken place have been carefully considered, in light of the constructive comments received as a result of the consultation exercise.

2.9. It is proposed that the following amendments to the Policy be agreed. They are minor in nature and seek to emphasise certain important factors or to enhance the content of the Policy in relation to the statutory licensing objections:-

Risk Assessment – Promotion of Licensing Objectives • Where necessary the Licensing Authority might request a risk assessment from the Partnership Crime Analyst to ensure any relevant application promoted the licensing objectives.

PubWatch/OffWatch • The Policy should state that in the interest of best practice, each licensed premises that has the benefit of the licensable activity to sell or supply alcohol, should be an active member of the PubWatch / Off Watch Schemes in place.

• The Licensing Authority should seek to support the establishment of a single PubWatch/Off Watch scheme across both Conwy and Denbighshire.

Management of licensed premises • The Licensing Authority recognises that the Licensing Act does not make it a requirement where alcohol was sold for the Designated Premises Supervisor (DPS) to be present when alcohol was sold. It was considered best practice by the Licensing Authority at certain premises, where the DPS was not present, that the DPS should nominate a suitably qualified person to be present during hours of operation where alcohol was sold/supplied.

Large Scale Events – Notice of Application • Where large scale events require a licence, the Licensing Authority would expect at least two months advance notice, to enable appropriate consideration to be given by relevant agencies to the impact on the community.

Temporary Events • In considering applications for a Temporary Event Notice (Occasional Permission), albeit that the Licensing Authority recognises what the legal requirements are in terms of statutory timescales applicable to such applications (10 working days), where possible the Licensing Authority would expect applicants to provide at least 28 days notice, to enable the Police and other relevant agencies to have more preparatory time.

Page 2 of 5 Underage drinking • Where problems of underage drinking were prevalent, the Licensing Authority would support the use/introduction of a Challenge 21 policy.

2.10. The consultation process did not highlight any other necessary/required changes to the content of the Statement of Licensing Policy, and Members are advised that the only other amendments that have taken place, relate to the deletion of any elements within the Policy that related to transitional arrangements that formed part of the implementation period of the Act, which no longer apply, and to the format, which has been slightly amended for ease of reference.

2.11. On the grounds of efficiency it has been considered unnecessary to reproduce all 25 pages of the amended Policy as an appendix to this report, given that paragraph 2.9 and 2.10 clearly outline the proposed changes. The draft policy as amended can be viewed on the Working Document Store Database under Planning & Public Protection by project and entitled Statement of Licensing Policy.

3.0 POWER TO MAKE THE DECISION

Section 5 of the Licensing Act 2003, dictates that each Licensing Authority is required to prepare and publish a Statement of Licensing Policy on a three yearly basis. The confirmation and adoption of the Policy has been allocated within the Council’s Constitution as a function of the Council. The next review must take place on or before 6 January 2011.

4.0 COST IMPLICATIONS

The cost of reviewing the Statement of Licensing Policy has been met from existing budget, and as the Policy was reviewed by both Denbighshire and Conwy, there has been some Efficiency Savings, both Cashable and Non-cashable.

5.0 FINANCIAL CONTROLLER STATEMENT

There are no significant financial implications for the Council resulting from this matter.

6.0 CONSULTATION CARRIED OUT

6.1 Section 5(3) Licensing Act 2003, makes it a requirement for the each Licensing Authority to consult with an extensive list of consultees, including;

• Police Service • Fire Service • Environmental Health • Inspector of Weights and Measures (Trading Standards) • Planning • Health and Safety • Children’s Services • Representatives of licence/certificate holders • Representatives of businesses and residents in the area

Page 3 of 5 6.2 As part of the consultation exercise, a Public Notice was published within several newspapers circulating the area, and the WebPages relating to Licensing on the Council’s Website were amended to include details of the review. In addition to this, some 1300 letters and questionnaires were sent to out to various individuals and bodies including each County Councillor, each and every Community / Town Council, previous respondents to the Policy, and representatives of the licensed trade (including their legal agents).

6.3 Despite this extensive consultation, there were only a small number of responses received (6), and these mainly provided comment about the good quality of the Policy, but no particular direct comment about the content.

6.4 It would seem that a great many Local Authorities are in a similar position in terms of the rate of responses; and enquiries made with neighbouring authorities confirm this position.

6.5 Necessary amendments to the Policy have taken place and these took into account the Government Supplementary Guidance issued in June 2006 and revised guidance which came into force on the 28 June 2007.

6.6 Based on the experience and knowledge of Licensing Authority Officers gained over the two year’s that the Licensing Act has been in existence, at a seminar led by the Licensing Authority which took place at Optics, St Asaph on 8 October 2007, views were sought on the issues highlighted at paragraph 2.9.

6.7 These minor amendments were supported (in writing) by 49 delegates, all of whom are engaged with the Licensing regime, primarily responsible authorities, and it should be noted that the proposed amendments are not prescriptive, they are advisory. These minor amendments will be of great benefit to the Licensing authority, responsible authorities and Licence/Certificate holders and seek to further reduce alcohol related crime.

6.8 Due to the timetable of Council meetings, it was not possible to refer the amendments detailed within this report back to the Licensing Committee. Therefore at the Licensing Committee meeting held on 26 September 2007, it was resolved that Members of the Committee be circulated with details of any amendments prior to submitting the Policy to Council for adoption, this resolution has been complied with.

6.9 Members are requested to note that the Licensing Manager is acutely aware of adverse publicity generated by poorly drafted policies from other Councils. Many specialist licensing lawyers have been vocal in their criticisms of several Councils who chose to ignore national guidance. Ultimately this could lead to legal challenges of one sort or another, and in order to ensure that the amendments to the Council Policy avoid this, informal advice from a leading Barrister specialising in the licensing field has been sought, and his view corresponds with our own Licensing experts, that is the proposed amendments are not in conflict with guidance, nor do they reduce the overall quality of the content.

Page 4 of 5 7.0 IMPLICATIONS ON OTHER POLICY AREAS:

The content has been supported by the Community Safety Partnership.

8.0 RECOMMENDATIONS

That Member agree the amendments as put forward in paragraph 2.9 and 2.10 of this report and formally adopt the reviewed statement of Licensing Policy so that it may be published by 7 January 2008 to comply with statutory requirements.

Page 5 of 5 AGENDA ITEM NO 10 REPORT TO: Council

FROM: CHIEF EXECUTIVE

DATE: 20th November 2007

SUBJECT: Action Plan in Response to Estyn Inspection Report

1. Decision Sought

To present the Action Plan in Response to Estyn submitted to Welsh Assembly on 2nd of November 2007 and to receive comments.

2. Reason for Seeking Decision

2.1 Councillors agreed to receive this update

2.2 The Action Plan was forwarded to Councillors by e-mail by Ian Miller on 2nd November 2007 or collected by Members

2.3 The points raised by Councillors previously have been incorporated and/or duly noted within the development and production of the Action Plan

2.4 The Action Plan was forwarded to Welsh Assembly Government within the timeframe agreed. Accompanying the Plan were 24 Work Plans representing 30% of the Key Tasks.

2.5 The Work Plans detail the activities, risks, resources and financial implications to achieve each Key Task. The Sample Work Plans are not all fully completed documents but show the details of each Task and the methodology that will be used to deliver, monitor and evaluate the Action Plan.

2.6 Key roles required to take the delivery of the plan forward are highlighted within the introduction of the plan. Establishing the programme management team is a key priority. Interim arrangements have been agreed with staff to provide continuity, to ensure the work plans are developed and the deadline for final submission to Estyn met.

2.7 WAG have liaised with Estyn in respect of the Action Plan but the Council has a deadline for submission of the Action Plan and all the Work Plans to Estyn of 27th December 2007. The interim team will be developing a timetable to ensure the Plan and underpinning documents are forwarded to Estyn no later than 23rd of December 2007.

2.8 The Action Plan was submitted to WAG as a finalised document, although it may be subject to amendment by Welsh Assembly Government.

2.9 On the 7th of November, the Minister Jane Hutt made a statement in respect of Education in Denbighshire wherein she confirmed she had received the Plan and that Estyn were considering it carefully. The Minister’s decision to intervene will “depend significantly on Estyn’s Assessment”.

2.10 The Minister acknowledged the election of Councillor Hugh Evans.

2.11 The Minister expressed “concerns” over the absence of the Corporate Director of Lifelong Learning and stated that one option available, if she decided to intervene, would be to “require the Authority to appoint a Corporate Director” to undertake the delivery of the plan and actions in relation to the Cambridge Report and Estyn’s Report on Youth Support Services.

2.12 The Minister also stated that other intervention methods could include requiring the authority to set up an independent education improvement board and to continue to work with the WLGA.

2.13 We have already acknowledged both of these aspects and the Modernising Education Project Board has been established internally.

2.14 The Minister intends to make her decision known on the 20th November and will meet with the Leader on that date to inform him of that decision

3. Power to Make the Decision

The duty to prepare an Action Plan (Section 39 Education Act 1997) is vested in the Cabinet as a consequence of legislation under the Local Government Act 2000. Under article 7.3.7(a) of the Council’s constitution, in the absence of a Cabinet at that time, the Chief Executive had delegated authority to make decisions in its place

4. Cost Implications

The Action Plan is supported by Work Plans that are being developed, appraised and critically challenged. The process will include consideration of financial implications with a summary of the financial requirements for meeting the Action Plan available by the Estyn submission deadline of December 27th 2007.

5. Financial Controller Statement

The costs relating to the phased actions included in the Action Plan are being firmed up and will be considered at the 2nd Round Directorate Budget Setting meeting to be held later this month. Assumptions on costs and timescale will be subject to the usual challenge of robustness and the resulting position will be reported to Cabinet on 18 December as part of the 2008/9 Budget Update report. Further reports will follow to Scrutiny Committees and full Council as the overall position clarifies.

6. Consultation Carried Out

Extensive consultation has been carried out with Schools, Governors, Councillors, Staff and external partners and will continue throughout the process

7. Implications on Other Policy Areas

7.1 The Vision

A high quality Education Service underpins almost all element of the Council’s vision.

7.2 Other Policy Areas including Corporate

One of the key areas that is addressed by the Action Plan is closer integration of Education and Corporate policies and strategies

8. Action Plan

8.1 The Action Plan is to be submitted to Estyn by the 27th December2007. Actions arising from the Plan have started to be implemented in accordance with the Work Plans.

8.2 A process of challenge, appraisal and approval of the Work Plans is being developed to ensure that we clearly evaluate the financial, resource and developmental implications and opportunities to deliver services more effectively and efficiently whilst meeting the aims within the Action Plan

9. Recommendation

a) Note the Action Plan as submitted to WAG

b) Comment on progress made

AGENDA ITEM NO: 11 REPORT TO COUNTY COUNCIL

REPORT BY: CHIEF EXECUTIVE AND ACTING DIRECTOR OF EDUCATION/ INTERIM HEAD OF SCHOOL IMPROVEMENT

DATE: NOVEMBER 20TH 2007

SUBJECT: REVIEW OF 16-19 PROVISION IN RHYL

1.0 DECISION SOUGHT

1.1 To move to formal consultation on changes to 16-19 education in Rhyl. This would involve bringing to an end sixth form provision at Rhyl High School and at Blessed Edward Jones Roman Catholic High School in its current guise.

1.2 Agree to pursue a statutory period of consultation on two options for change with effect from September 2009: a new post 16 centre on the Coleg Llandrillo site in Rhyl or a new collaborative arrangement agreed by both high schools and Coleg Llandrillo.

2.0 BACKGROUND

2.1 The consultation on the proposals from Cambridge Education indicated clear acceptance that the existing sixth form provision is not acceptable and must cease in its current guise. A new way of providing post 16 education that offers greater choice, encourages more pupils to stay on and is of the highest standard was accepted. The reasons for change are detailed in the report to the Chief Executive in place of the Cabinet on 30 October (attached). Members’ attention is drawn in particular to the appendices dealing with the rationale for change and the data on recent performance.

2.2 During the consultation period two clear options emerged for changing the delivery of post 16 education in Rhyl. A decision has to be taken to proceed with the statutory consultation process in November 2007 to ensure that new arrangements are in place by September 2009. A delay in implementing change would seriously compromise the chances of young people in Rhyl and meeting new statutory requirements to extend choice of courses and collaboration from 2009.

2.3 Option 1. The Cambridge recommendation is to close both Rhyl high school 6th forms and create a flagship post 16 centre on the Rhyl College site. This centre would deliver A levels, Welsh and International Baccalaureates in addition to the extensive range of vocational courses on offer at the college.

2.4 Option 2. The Rhyl high schools and Coleg Llandrillo are developing a partnership arrangement. A draft proposal was submitted to the council

1 by the Rhyl high schools; agreement with Coleg Llandrillo could not be reached in time. Fundamental issues regarding leadership, funding and governance are yet to be resolved. A detailed proposal agreed by the three partners will need to be submitted to the council no later than the end of the statutory consultation period if it is to remain an option.

2.5 A model of collaboration was submitted by the Wrexham Diocese that supported joint delivery of courses using video conferencing and e- learning between the Roman Catholic schools across North Wales. This model could run alongside both options but could not provide sufficient choice or access to practical courses.

3.0 REASON FOR SEEKING DECISION

3.1 Performance at A’ level is poor in Rhyl.

3.2 The staying-on rate post-16 is low

3.3 To continue with the current state of affairs would be unacceptable, and the schools also need to address poor performance at Key Stages 3 and 4.

3.4 If statutory consultation does not begin soon after Full Council on 20th November then the opportunity to implement change for September 2009 will be missed.

3.5 To meet the deadline for the statutory requirements of the 2008 Education Act that will prescribe the minimum requirements for the number of post 16 courses and collaboration from September 2009.

3.6 It is important to stress that a decision to undertake statutory consultation does not commit the Council to implement any particular proposal. A final decision would be taken in early 2008 after the consultation period.

3.7 The timetable is as follows:

November 2007 Council agrees to consultation on the two options November 2007 to 31 January 2008 Consultation period, including costing of the two options February 2008 Council takes final decision on which option to implement, alongside its budgetary decisions By April 2008 Detailed plans and planning consent have to be in place for a new centre at the College (if this is the preferred option) May 2008 Coleg Llandrillo would make an application to DCELLS for capital

2 funding programme if a new centre is to be built. (Schools and the council do not have access to this funding.) A decision would be expected late summer. September 2008 Any necessary transitional arrangements in operation for students completing A levels in the 2009/10 academic year. (The Schools and College have been requested to review the prospects for current Year 11 students in September 2008, including the transitional arrangements that might be necessary.) Autumn 2008 to summer 2009. Construction period, if a new centre at the college is the preferred option. September 2009 New arrangements fully implemented.

4.0 POWER TO MAKE THE DECISION

4.1 As a result of legislation under the Local Government Act 2000, only the full Council can approve the single education plan. The changes might require amendments to the Single Education Plan and therefore the Council’s agreement is being sought at this meeting to the principle of amending the single education plan in the light of whatever final decision it takes. However the powers to publish statutory proposals are executive functions, which fall to the Cabinet: the decision to publish such proposals was taken by the Chief Executive on 30 October in the absence of the Cabinet, subject to the Council’s decision.

4.2 In November 2006, on the basis of the consultation responses and further legal advice, the then Education, Lifelong Learning and Skills Minister, determined that, where there is a need to re-organise sixth- forms in community schools, the councils concerned should take forward the proposals using their own powers, under Section 28 of the School Standards and Framework Act 1998. Where there is a need to re-organise a sixth-form at a foundation or voluntary school, the Minister’s powers in the 2000 Act would be delegated to the council concerned on application. Such an application has been submitted to WAG officials already – they have been asked for a reply in time for the Council’s meeting.

4.3 Under section 28(5) of the 1998 Act there is a requirement to consult such persons as appears to the promoters to be appropriate before publishing any formal proposals. This has been discharged by the informal consultation already undertaken between June and October 2007: it is a requirement to consult appropriate persons, not to obtain their consent.

5.0 COST IMPLICATIONS 5.1 The options to create a new centre on the Rhyl College site and to enter into a collaborative agreement will have an impact on the Rhyl schools. This needs to be assessed in detail before a final decision is taken during 2008 on implementation. The Resources Directorate will support the schools and college in the detailed financial modeling work.

5.2 If the 6th forms closed, the schools would no longer receive post 16 funding from DCELLS from the date of implementation. The true cost of the 6th forms is likely to be higher than the grant received so this might have a positive impact for the schools in terms of their other activities. Some staff may be liable for transfer to the college under the TUPE Regulations. However there would be the need to reshape the teaching and ancillary staff at both schools, with the potential for redundancy costs. We would seek to mitigate these through our redeployment policies wherever possible – and for which we have a good track record in respect of school-based staff. There may also be opportunities for the college to use the services of existing school staff for a transitional period only in order to minimise transition costs. These matters will need detailed consideration and consultation with staff and their unions.

5.3 There may also be some cost implications under the Council’s transport policy if parents choose to send their children to Roman Catholic schools in Denbigh or Flint for 6th form education.

5.4 The other financial implications will fall to the College and Welsh Assembly Government to address in terms of the capital cost of the project. Coleg Llandrillo can apply to DCELLS for capital funding for this project from the strategic capital investment fund. DCELLS may ask the college and the Local Authority to contribute towards the capital cost of the project. While we will examine the possibility further, our initial stance is that it would not be appropriate for the council to spend its limited capital resources on creating assets for a third party, even if the change is one that the council wishes to see: there are pressing capital investment needs in our schools and roads, for example. The council would not be able to use existing Objective 1 applications allied with the Learning Centres project, and there appears to be little opportunity under Convergence funding. Revenue funding for a new centre at the College will be drawn down from the National Planning and Funding System (NPFS) by Coleg Llandrillo.

5.5 Discussions with officers of DCELLS suggest that a collaborative model is unlikely to attract sufficient capital funding to build new accommodation and resources at the college and two high schools. However it might also have ongoing revenue consequences for the schools and council, which need to be identified in the further work that is planned during the consultation period.

4 5.6 There will be minor costs associated with the consultation process to meet statutory requirements. They will be absorbed within existing budgets. As with any decision by the council, there is the possibility of challenge through the courts by way of judicial review which might involve more substantial costs. The risk of such challenge being successful is assessed as low at the present time, since the council is being recommended to consult on two options.

6. FINANCIAL CONTROLLER’S STATEMENT

6.1 The transfer of the service to a new facility funded through DCELLS removes some marginal costs from the Council but as stated above has the potential for significant one off costs from redundancy/early retirement etc. It is unclear whether DCELLS can be approached to assist with these costs. The Council would also be left with potentially underused sites and the fixed costs that relate to them, which are part funded currently by DCELLS.

6.2 A full review of the financial implications will need to be made before a final decision can be taken.

7.0 CONSULTATION

7.1 In addition to the extensive consultation undertaken in the period from June to October 2007 reported in the appendix, since 30 October, further discussions have been held with representatives of the Governing Body of Rhyl High School and Coleg Llandrillo, Councillors Dave Thomas and Joan Butterfield and officials of the Welsh Assembly Government. These discussions have helped to shape the recommendations in this report, in seeking a decision from council to rule out the status quo and to consult formally on two options for change. The Lifelong Learning Scrutiny Committee was updated on progress at its meeting on 15 November.

8.0 ACTION PLAN

Issue proposals for formal Interim head of school consultation, November 2007 improvement/County clerk Support schools and college in Management accountant (LLL) analyzing costs of the two options, November 2007 – January 2008 Finalise collaboration agreement, High schools and Coleg Llandrillo before 31 January 2008 Analyse responses and prepare final Interim head of school recommendations to Cabinet/Council, improvement/senior education February 2008 officer(secondary) Final decision on which option to implement 19 February 2008 Cabinet 26 February 2008 County council

9.0 RECOMMENDATIONS

9.1 Council supports formal consultation on changes to 16-19 education in Rhyl that would take effect from September 2009. This would involve bringing to an end sixth form provision at Rhyl High School and at Blessed Edward Jones Roman Catholic High School in its current guise.

9.2 Council accepts the principle of amending the single education plan in the light of whatever final decision it takes in February 2008.

9.3 Council supports consultation on two options for change: a new post 16 centre on the Coleg Llandrillo site in Rhyl or a new collaborative arrangement agreed by both high schools and Coleg Llandrillo.

9.4 Council notes that the costs and other implications of the collaborative arrangements and the closure of the sixth forms will be evaluated fully during the formal consultation period, to inform the council’s final decision.

6 Appendix

REPORT TO: CHIEF EXECUTIVE

REPORT BY: ACTING HEAD OF EDUCATION / INTERIM HEAD OF SCHOOL IMPROVEMENT

DATE: 30 OCTOBER 2007

SUBJECT: REVIEW OF 16-19 PROVISION IN RHYL

1. DECISION SOUGHT

1.1 Take a decision on the acceptability of the Cambridge Education proposal regarding changing 16-19 provision in Rhyl. Consequently instigate formal consultation.

2. BACKGROUND

2.1 A summary of the reasons behind the Cambridge proposal and of the outcomes of informal consultation is attached as an Appendix 1. An alternative model is being developed by the two Rhyl high school Headteachers and the College Principal but it was not submitted during the informational consultation period or in time for this report (although it will be circulated if it is available before 30 October). During the formal consultation period, it will be possible to study this model and to take a view of its feasibility. The reason why consideration should be given to it is that it represents a joint proposal and partnership between the Schools and College in 14-19 education is essential. However, if the extent of change and degree of improvement required cannot be demonstrated within that model, then the Cambridge solution of a new centre is preferable.

Appendix 3 include details of the extensive arrangements made for the informal consultation from late June to 5 October and summarises the responses received.

3. REASON FOR SEEKING DECISION

3.1 Performance at A’ level is poor in Rhyl.

3.2 The staying-on rate post-16 is very low.

3.3 To continue with the current state of affairs is unacceptable.

3.4 If statutory consultation does not begin soon after Full Council on 20 November then the opportunity to implement change for September 2009 will be missed.

It is important to stress that a decision to undertake statutory consultation does not commit the Council to implement the proposal. A final decision would be taken after the consultation period.

Page 1 of 4

4. POWER TO MAKE THE DECISION

4.1 As a result of legislation under the Local Government Act 2000, only the full Council can approve the single education plan. It would be necessary for the Council to amend the Single Education Plan if the proposals are to be implemented. However the powers to publish statutory proposals are executive functions, which fall to the Cabinet.

4.2 In November 2006, on the basis of the consultation responses and further legal advice, the then Education, Lifelong Learning and Skills Minister, determined that, where there is a need to re-organise sixth-forms in community schools, the councils concerned should take forward the proposals using their own powers, under Section 28 of the School Standards and Framework Act 1998. Where there is a need to re-organise a sixth-form at a foundation or voluntary school, the Minister’s powers in the 2000 Act would be delegated to the council concerned on application. Such an application has been submitted to WAG officials already on a contingency basis – they have been asked for a reply in time for the Council’s meeting on 20 November.

4.3 Under section 28(5) of the 1998 Act there is a requirement to consult such persons as appears to the promoters to be appropriate before publishing any formal proposals. This has been discharged by the informal consultation already undertaken: it is a requirement to consult appropriate persons, not to obtain their consent.

5. COST IMPLICATIONS

5.1 The preferred option to create a new centre on the Rhyl College site will have an impact on the Rhyl schools. This needs to be assessed in detail before a final decision is taken during 2008 on implementation as do the costs of any alternative proposal. If the 6th forms closed, the schools would no longer receive post 16 funding from DCELLS from the date of implementation (assumed to be September 2009). The true cost of the 6th forms is likely to be higher than the grant received so this might have a positive impact for the schools in terms of their other activities. Some staff may be liable for transfer to the college under the TUPE Regulations. However there would be the need to reshape the teaching and ancillary staff at both schools, with the potential for redundancy costs. We would seek to mitigate these through our redeployment policies wherever possible – and for which we have a good track record in respect of school-based staff. There may also be opportunities for the college to use the services of existing school staff for a transitional period only in order to minimise transition costs. These matters will need detailed consideration and consultation with staff and their unions.

5.2 There may be some cost implications under the Council’s transport policy if parents choose to send their children to Roman Catholic schools in Denbigh or Flint for 6th form education.

Page 2 of 4

5.3 There will also be minor costs associated with the consultation process to meet statutory requirements. They will be absorbed within existing budgets. As with any decision by the council, there is the possibility of challenge through the courts by way of judicial review which might involve more substantial costs. The risk of such challenge being successful is assessed as low at the present time.

5.5 Revenue funding for a new centre at the College will be drawn down from the National Planning and Funding System (NPFS) by Coleg Llandrillo.

6. FINANCIAL CONTROLLER’S STATEMENT

6.1 The transfer of the service to a new facility funded through DELLS removes some marginal costs from the Council but as stated above has the potential for significant one off costs from redundancy/early retirement etc. It is unclear whether DELLS can be approached to assist with these costs. The Council would also be left with potentially underused sites and the fixed costs that relate the them, which are part funded currently by DELLS.

A full review of the financial implications will need to be made before a final decision can be taken.

7. RECOMMENDATIONS

1) That formal consultation on closing the 6th forms with effect from September 2009 should commence subject to (a) the full Council agreeing on 20 November that it would be prepared in principle to amend the single education plan; and (b) the Welsh Assembly Government agreeing to delegate to the Council the Minister’s powers to make a proposal in respect of the sixth form at Blessed Edwards Jones.

2) That a recommendation be submitted to full Council on 20 November that it should be prepared in principle to amend the single education plan accordingly.

Page 3 of 4 3) That the alternative model produced by the Schools and College be considered and that the costs of this approach and closure of the sixth forms be evaluated fully during formal consultation.

4) That the Schools and College be requested to review the prospects for current Year 11 students in September 2008, including the transitional arrangements that might be necessary.

Page 4 of 4

Appendix 1

RATIONALE FOR A NEW CENTRE AT COLEG LLANDRILLO-RHYL SITE

1. The reasons that led to the review of post 16 education in Rhyl are more acute than ever. The number of young people progressing to the 6th forms to pursue Level 3 qualifications in the two secondary schools has declined again this year.

2. The performance of the two schools is poor, both at GCSE and A level. Indeed the schools have the worst results in Denbighshire by a considerable margin;

3. The size of the two sixth forms as presently configured is not sustainable. That at Blessed Edward Jones has already long passed the point of no return: there is no prospect whatsoever that the school will recover enough pupils to justify retention of its own 6th form – the school would need to grow by a factor of at least 3 which is simply not realistic when pupil numbers across the county continue to decline;

4. Continuing with the sixth forms at their present sizes will lead to resources intended for students at Key Stages 3 and 4 continuing to be used to shore up the sixth forms.

5. There is a reasonable expectation that performance at the schools will improve following the appointment of a new head teacher at Rhyl High School and an acting head teacher at Blessed Edward Jones. However both schools have a long way to travel in their improvement. There are strong arguments that the schools need to focus on driving up standards at Key Stages 3 and 4. The performance of secondary schools in these key stages has been highlighted as a key issue for the county council in the Estyn report.

6. A Level results based on 2007 provisional examination data shows that Rhyl High School had the lowest percentage of students achieving 2 A-Levels Grades A-C in the county at 34.4%. This is a fall of 14.1% from 2006. The equivalent figure for Blessed Edward Jones was 48% but only 14 students were entered for two or more A levels. Rhyl’s secondary schools accounted for 9% of the pupils achieving 2 A-Level Grades in Denbighshire, even though Rhyl has about a quarter of the county’s population.

7. The reduction in numbers returning to the 6th form is exacerbating the already limited range of courses currently offered at 16. Retention rates from the lower sixth form to higher sixth form are very low in both schools. This leads to poor choices with many young people failing to achieve their main qualification by the time they are 18. This will without doubt lead to a reduction in those staying on to complete their qualifications and continuing poor standards.

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8. The number of A level students in the Rhyl high schools continues to be well below the Estyn and Wales Audit Office’s recommendation of 150 students, which is taken as the minimum size for a sixth form. Estyn also stress that this should be viewed in the light of flexibilities that schools exploit to increase choice and cost effectiveness. Estyn, however, point out that both choice and cost effectiveness are increased where small A-level groups in schools are joined with existing groups in colleges, which also generally offer more choice.

9. The work by Cambridge Education across the county has not identified any need for proposals to be made in respect of other sixth forms in Denbighshire. There are therefore no plans at present to bring forward similar proposals with regard to other sixth forms.

10. The statistics in appendix 2 show that many sixth form students from Rhyl are already opting for schools elsewhere, particularly Prestatyn. While there will still be choice for students and their parents about where they should study A levels, it is not realistic to suggest that there should be no A level provision in the county’s largest town when we have such provision in much smaller settlements. Existing parental choice arrangements ensures that those who wish to pursue A levels in a school base 6th form can do so.

11. While the views of the Diocese in respect of religious ethos are understood and respected, it is not realistic to keep a 6th form open solely for that reason. There are Roman Catholic 6th forms available at St Brigid’s, Denbigh (10 miles away) although it operates a selective policy on admissions, and at Richard Gwyn High School, Flint (15 miles away). We would need to assess whether these are within a reasonable travelling distance which is normally taken to be 45 minutes for secondary school pupils.

12. Cambridge Education’s experience of reorganising post 16 education in other authorities shows that only a fundamental change in the way it is delivered will provide the step change in choice and standards that is required. If standards are to rise a robust new model with clear lines of leadership must be implemented. Cambridge Education’s preferred option of transferring sixth forms at Rhyl High School and Blessed Edward Jones Catholic High School to a new centre on the Coleg Llandrillo site in Rhyl would provide this.

13. Coleg Llandrillo is the best further education college in Wales with a proven track record in achievement at A Level and vocational Level 3 qualifications. We are proud that it has two sites in Denbighshire. It is the only college with seven grade one’s in its Estyn Inspection. In 2006-7 the college delivered AS and A2 courses to 261 students: of those students taking 2 or more A Levels, provisional examination data indicates that 75% achieved grades A-C and 99% achieved A to G grades. Further education at Coleg Llandrillo is already the most popular destination for 16 year olds in Rhyl.

14. The continuing success of the Rhyl Going Forward and Rhyl City strategies is dependant on the supply of young people with at least Level 3 qualifications. These initiatives require a step-change in the achievement of 16 to 19 year olds. The curriculum currently offered is not meeting the needs of all young

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people. A broader offering, including more advanced vocational specialisms will enable a greater number of young people gain level 2 and 3 qualifications.

15. Cambridge Education highlighted that there is no learner-driven argument for retaining the status quo. It is not delivering sufficient choice to 14-19 year olds at present and it cannot possibly deliver the enhanced entitlements. The funding of schools, based on such small student numbers, makes it impossible to broaden the offer.

16. The Welsh Assembly Government through DCELLS continues to be supportive of a transformation in post 16 education in Rhyl. In a joint statement between Jane Davidson, Minister for Education, Lifelong Learning and Skills and Councillor Rhiannon Hughes welcomed the outline proposal to develop a project to provide new facilities for post 16 learners in Rhyl, in partnership with Coleg Llandrillo.

-3- Appendix 2 Blessed Edward Jones High School: Pupil Numbers

2002/03 2003/04 2004/05 2005/06 2006/07 2007/08

Years 7 - 11 463 447 435 424 450 408

Sixth Form 40 46 39 41 45 35

Sixth Form: Percentage of 7.95% 9.33% 8.23% 8.82% 9.09% 7.90% School

Blessed Edward Jones High School Pupil Numbers: Years 7 - 11 470 460 450 440 430 420 410 400 Number Pupils of 390 380 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08

Academic Year

Blessed Edward Jones High School Pupil Numbers: Sixth Form 50 45 40 35 30 25 20 15 10 Number Pupils of 5 0 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08

Academic Year Rhyl High School: Pupil Numbers

2002/03 2003/04 2004/05 2005/06 2006/07 2007/08

Years 7 - 11 1089 1113 1143 1136 1107 1041

Sixth Form 91 81 82 83 88 82

Sixth Form: Percentage of 7.71% 6.78% 6.69% 6.81% 7.36% 7.30% School

Rhyl High Pupil Numbers: Years 7 - 11

1160 1140 1120 1100 1080 1060 1040 1020 Number of Pupils Number 1000 980 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08

Academic Year

Rhyl High Pupil Numbers: Sixth Form

92 90 88 86 84 82 80 Number Pupils of 78 76 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08

Academic Year A LEVEL PERFORMANCE

Achieving 2 or more A - C Grades Achieving 2 or more A - G Grades

Rhyl High Blessed EJ Sir Ddinbych Cymru Rhyl High Blessed EJ Sir Ddinbych Cymru 2002_2003 43% 0% 66% 68% 88% 50% 92% 94% 2003-2004 39% 50% 67% 68% 94% 88% 96% 95% 2004-2005 31% 13% 64% 68% 83% 88% 94% 94% 2005-2006 48% 33% 65% 68% 88% 92% 91% 94% 2006-2007 34% 53% 66% 67% 91% 93% 94% 94%

Pupils Achieving 2 or more A - C grade A Levels Pupils Achieving 2 or more A - C grade A Levels

80% 120% 70% 100% 60% 50% 80% 40% 30% 60% 20% 40% 10% 0% 20% Rhyl High Bl. Ed. Sir Ddinbych Cymru 0% School Jones Rhyl High Bl. Ed. Jones Sir Ddinbych Cymru School 2002_2003 2003-2004 2004-2005 2005-2006 2006-2007 2002_2003 2003-2004 2004-2005 2005-2006 2006-2007

Number of pupils entered 2 or more A Levels Less than 2 A Levels Rhyl High Blesed EJ Rhyl High Blesed EJ 2002_2003 40 2 11 6 2003-2004 31 8 22 11 2004-2005 36 8 15 6 2005-2006 33 12 13 6 2006-2007 32 15 6 3 GCSE Performance

2002-2003 2003-2004 5 A* - C 5 A* - G 5 A* - C 5 A* - G Bench Bench Bench Bench Result Result Result Result marking marking marking marking Blessed EJ High 31.0% Second 82.0% First 24.0% Third 76.0% Fourth School Rhyl High School 28.0% Fourth 73.0% Fourth 25.0% Fourth 74.0% Second Denbighsire 47.0% 83.0% 48.0% 83.7% Wales 51.0% 85.0% 51.4% 85.3%

2004-2005 2005-2006 2006-2007 5 A* - C 5 A* - G 5 A* - C 5 A* - G 5 A* - C 5 A* - G Bench Bench Bench Bench Bench Bench Result Result Result Result Result Result marking marking marking marking marking marking Blessed EJ High 34.0% Third 74.0% Third 17.0% Fourth 78.0% Fourth 21.0% N/A 75.0% N/A School Rhyl High School 27.0% Fourth 68.0% Third 26.0% Fourth 74.0% Fourth 22.0% N/A 67.0% N/A Denbighsire 48.5% 82.9% 48.5% 84.1% 47.0% 82.0% Wales 52.2% 85.2% 53.8% 86.0% 54.0% 86.0%

The 2007 Benchmarking tables will not be available until December Pupils living in Rhyl and attending other schools for A levels

2007 - 2008 Ysgol 2002 - 2003 2003 - 2004 2004 - 2005 2005 - 2006 2006 - 2007 Yr 12 Yr 13 Prestatyn High School 29 21 20 19 20 38 17 Ysgol Glan Clwyd 20 11 19 12 11 21 11 St Brigid's 97

Appendix 3 Consultation process Since June the following have been consulted as part of the Cambridge Education work and local discussions:

¾ DCC Legal and Project Management Services. ¾ Welsh Assembly Government, DCELLS ¾ Denbighshire Secondary Head teachers ¾ Rhyl Town Council ¾ Rhyl County Councilors ¾ Dolen Dysg, Denbighshire CCET ¾ Head teacher: Blessed Edward Jones Roman Catholic High School ¾ Chair of Governors Blessed Edward Jones Roman Catholic High School ¾ Head teacher: Rhyl High School ¾ Chair of Governors Rhyl High School ¾ Head teacher: Prestatyn High School ¾ Denbighshire 14-19 Network ¾ Chair of Governors Prestatyn High School ¾ Head teacher: Ysgol Glan Clwyd ¾ Principal: Coleg Llandrillo ¾ Vice-Principal: Coleg Llandrillo ¾ Regional Director: DCELLS Mid-Wales Region ¾ Denbighshire Young Peoples Partnerships ¾ Careers Wales North West ¾ Meeting with Rhyl High School Community ¾ School Councils at Rhyl High schools ¾ Meeting with Blessed Edward Jones Roman Catholic High School Community ¾ Open Meeting at the Pavilion Theatre Rhyl

The Corporate Director for Lifelong Learning wrote to all Secondary Head teachers, Chairs of Governors, Rhyl Town Council and via Denbighshire web site to seek responses to the proposals. Respondents were encouraged to reply to four set questions addressing the Cambridge Education reports key issues.

Rhyl Town Council was eager to understand the reasons for the review and has met the Corporate Director for Lifelong Learning and Senior Education Officer twice to discuss the issues surrounding the review. The Rhyl Town and County Councillors asked a series of written questions to the Corporate Director for Lifelong Learning. The Town Council facilitated a meeting of the two high schools, Coleg Llandrillo and Local Authority to share issues and to identify whether a viable alternative solution existed.

CONSULTATION MEETINGS

As part of this consultation Denbighshire County Council arranged three meetings in order to explain the proposals in more detail, listen to views, receive comments and answer questions.

Meetings were held at Blessed Edward Jones Catholic High School on September 25th and at Rhyl High School on September 26th. Both meetings gave the

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communities of both high schools an opportunity to hear the reasons for the need for change, the Cambridge proposals, response from schools and the opportunity to ask questions. The school’s governors, staff, pupils and parents attended the meetings.

An open meeting was held on October 3rd at the Rhyl Pavilion Theatre. There were presentations by Cambridge Education, High Schools and Coleg Llandrillo. This gave the wider community the opportunity to be made aware of reasons for the review, its recommendations and raise questions with the specialist.

Summary of responses to the Cambridge Education review of post 16 education in Rhyl

A total of 250 responses were received, 240 being identical photocopied letters that are believed to have been distributed by Rhyl High School to parents at various schools in the town. Most of the responses rejected Cambridge Education report’s proposals with only two letters supporting the recommendations. This pattern of responses is expected and by no means unique – virtually all proposals for school reorganisation across Wales are contested by schools and parents.

Three open evenings were held at Blessed Edward Jones (BEJ), the Rhyl Pavilion Theatre and Rhyl High School (RHS). Generally attendees at the events • criticised the validity of the Cambridge report • Were disappointed that there was little mention of the importance of faith- based schooling • And felt that the timing of the meetings led to a low turnout.

Ten individual letters were received by Denbighshire County Council (DCC) many of which: • Recognised that the situation in Rhyl needed to improve • Also questioned the Cambridge report’s impartiality and its failure to ‘recognise the legitimate rights of Catholic providers in education’. • Many of the letters encouraged greater collaboration between BEJ, RHS and Coleg Llandrillo rather than closing sixth forms. It was felt this would also give students greater choice and freedom in exploring their post 16 options. • The Governors of Prestatyn High School were concerned a big college at Rhyl would lead to competition between the two institutions. • Several letters criticised the timeline for consultation with Rhyl Town Council, for example, arguing that this was ‘generating an overriding mistrust of DCC’. • Many respondents felt that there was virtually no consultation with students and questioned the amount of resources being given to schools in Rhyl. • RHS has a campaign titled ‘S.O.S (Save our Sixth form)’ with over 240 letters being sent by parents to DCC arguing that taking away its sixth form would harm Rhyl in the long-term and wouldn’t help pupils continue their education beyond sixteen years old.

The only positive responses came from Coleg Llandrillo and an individual member of the public who pointed to the College’s high academic achievement and range of vocational qualifications as justifying the Cambridge report’s proposals.

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FOR A COLLABORATIVE APPROACH

The Diocese of Wrexham Education Service seeks to collaborate with Denbighshire local authority in order to extend and improve the effectiveness and viability of 16-19 provision. It had serious concern that Cambridge Education had failed to consult with the Diocese or to recognise the legitimate rights of Catholic providers in education. The Diocese of Wrexham believes that the report is flawed and in parts, unfairly biased in favour of a one size fits all, college solution.

Rhyl High School wishes the local authority to consider other options that have not been considered, especially ones based on a real partnership between Rhyl High School, Blessed Edward Jones Catholic High School and Coleg Llandrillo They hope that the council would support a collective submission of a brief outline of such a partnership model from the three partners as a separate response to the report.

Rhyl High School felt that the report was written without the knowledge of what the recommendations would be from the other two reports, these will clearly impact upon any future planning for education in Denbighshire and as such it would be potentially disastrous to make any major structural changes to the post-16 sector without taking regard of these other reports and the resulting vision and action plans.

The Head teacher of Rhyl High School could not support any of the recommendations, as he did not believe they would result in the best solution for Rhyl.

The Diocese of Wrexham Education Service wishes to emphasise that Catholic schools have a vital role to play in post 16 educations and the Catholic community is entitled to its place in post 16 provision and expansion. Parents and students expect widening choice in what they study, and where and how. Catholic education post 16 is part of that option.

The Catholic community has set for itself an urgent priority for faith based education so that it maintains its rightful place in local provision. It wishes to do this through collaboration and cooperation with other post 16 providers. It does not want to give up its right to offer a distinctive contribution to the education of post 16 students.

The Head teachers of Blessed Edward Jones Catholic and Rhyl High Schools highlighted that there are many successful models of 16-19 and 14-19 partnerships around the UK and many of these are based on clusters of high schools collaborating together to give quality offers and efficient provision to young people exemplified by the Leeds Local Delivery Partnership model and the Wolverhampton model. It is in their view that a real partnership, based on shared governance, common admission and curriculum policies, an effective quality assurance model and strong Rhyl-based identity/image/branding is the best way forward for the young people of Rhyl. Such a model is currently under discussion by the leaders of the three partners Rhyl High School, Blessed Edward Jones Catholic High School and Coleg Llandrillo. This will be articulated in a written document, prepared by all three partners.

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The two high schools would like the council to opt for the alternative solution offered by a real partnership approach between the three partners and allow time for this to develop into a high quality provision. This would be in line with a strategic vision from educational leaders in Rhyl that will be a flagship for North Wales.

Prestatyn High School governors suggest that many 16 year old learners and their parents do not believe they are ready for provision at an adult learning site even if it was steered towards a sixth form age group. They believe the provision of a school based experience is in fact putting the needs of these learners first and would be interested in exploring such an approach further with schools in Rhyl.

-4- Agenda Item No. 12

REPORT TO: COUNTY COUNCIL

REPORT BY: CORPORATE DIRECTOR: RESOURCES

DATE: 20th November 2007

SUBJECT: Denbighshire County Council’s Performance against the National Indicators 2006-07

1 DECISION SOUGHT

1.1 That Council note Denbighshire County Council’s performance against the National Strategic and Core Set indicators.

1.2 That Council request that the relevant Lead Member meet with the relevant service head, performance officer and corporate policy officer to explore the reasons behind good and poor performance and to develop actions for improvement in areas that perform less well, as deemed necessary.

2 REASON FOR SEEKING DECISION

2.1 In 2005-06 the Welsh Assembly Government introduced a revised performance measurement framework for local government in Wales. 2006-07 was the second operational year of that framework. The performance indicators are collected by each local authority and are reported annually to the Local Government Data Unit.

2.2 Every year the Wales Audit Office audit each authority’s national strategic indicator data. This year Denbighshire County Council did not have any of its data qualified.

2.3 The audited data for every Welsh Authority was published by the Local Government Data Unit in October.

2.4 Appendix 1 shows Denbighshire’s performance against each of the performance indicators. Where it is appropriate to do so, the All Wales quartile position has also been included. The quartile position shows whether Denbighshire was in the top or the bottom half of Welsh authorities for that indicator. Also shown is the previous year’s performance although a significant number of the indicators were new for 2006-07.

2.5 52% of Denbighshire’s national performance indicators were in the top two quartiles of performance. 48% were in the bottom half.

Of those indicators where it is possible to show trend information, 53.0% have improved compared to last year, 8.4% have stayed the same and 38.6% have seen a decline in performance.

Page 1 of 3 2.6 85.7% of the Education performance indicators were in the bottom two quartiles, an issue which has been highlighted in the Estyn and Cambridge Education reports. 3 POWER TO MAKE THE DECISION

Section 6 of the Local Government Act 1999 obliges each authority to publish an Improvement Plan and the guidance has statutory force under section 6(4) of the Act.

4 COST IMPLICATIONS

Cost implications from any proposals for improving performance in poorly performing areas have yet to be identified. This will need to be considered as part of the budget setting process currently under way.

5 FINANCIAL CONTROLLER STATEMENT

The prospects for the Assembly settlement for the next few years is not promising. It is unlikely that the Council will be in a position to support many bids for additional resources and innovative, more cost effective solutions to poor performance will need to be identified.

6 CONSULTATION CARRIED OUT

All Heads of Service, Corporate Executive Team and performance officers have been made aware of all the performance data and quartile positions.

7 IMPLICATIONS ON OTHER POLICY AREAS:

The level of performance in priority areas will affect the authority’s ability to meet the vision.

Performance against national indicators should be used to inform the strategic direction of the authority. . 8 ACTION PLAN

Action Lead Member/Officer Deadline Lead Members to meet Corporate Policy Officers Jan 2008 Head of Service, performance officer and corporate policy officer to explore reasons behind performance and take action as appropriate.

Page 2 of 3 9 RECOMMENDATIONS

9.1 That Council acknowledge those service areas where performance has improved or has been consistently good.

9.2 That Council acknowledge those officers responsible for data collection for ensuring that none of Denbighshire County Council’s indicators were qualified.

9.3 That Council request that the relevant Lead Member meet with the relevant service head, performance officer and corporate policy officer to explore the reasons behind performance and to develop actions for improvement if deemed necessary.

Page 3 of 3 National Performance Indicator Analysis 2006/07

This document shows Denbighshire County Council’s performance against the national performance indicators for 2006-07. In addition to showing our data against each indicator, it also shows whether our performance was in the 1st, 2nd, 3rd or 4th quartile in Wales. Being in the first or second quartile means that the Council was in the top performing half of authorities.

Many of the indicators were new or significantly amended for 2006-07. Where this is not the case, performance from the previous year (2005-06) is shown along with the quartile position. This should allow the reader to see at a glance whether performance has improved or whether the quartile position has improved.

The arrows in the tables show how performance compares to the previous year.

For some indicators it is not appropriate to show quartile position, for example where the data shows absolute numbers or where data is determined by the size and population of the County.

A number of indicators were not reported against. For the majority of these this was because they had been introduced for one year only and setting up a system for reporting would not have been feasible.

Section 1 gives a graphical overview of our quartile performance, with analysis by Directorate and by indicator grouping. Only those indicators where it is possible or correct to show our quartile position are included.

This report only intends to give a snapshot of performance. For further detail or analysis of particular indicators please contact the relevant Directorate performance officer.

Contents

Click on the links below to navigate to the relevant sections

Section 1 – Overview Page 4

Section 2: 2006-07 performance Page8

• Corporate Health – Human Resources Page 8

• Corporate Health – Financial Health Page 9

• Education Page 10

• Social Care – Adult Services Page 13

• Social care – Children’s Services Page 16

• Housing – Homelessness and Housing Advice Page 22

• Housing – Private Sector Renewal Page 23

• Housing – Supporting People Page 24

• Housing – Landlord services Page 26

2 • Public Protection Page 28

• Planning Page 31

• Energy Efficiency Page 33

• Waste Management Page 34

• Street Scene Page 35

• Transport and Highways Page 36

• Housing Benefit and Council Tax Benefit Page 37

• Leisure and Culture Page 38

Section 1: Overview

N = Number

Quartile Directorate 1st 2nd 3rd 4th Sum N Indicator grouping % N % N % N % N

Resources 50.0 8 31.3 5 12.5 2 6.3 1 16 Financial Health 50.0 2 50.0 2 0.0 0 0.0 0 4 Human Resources 40.0 2 20.0 1 40.0 2 0.0 0 5 Housing/Council Tax Benefit 57.1 4 28.6 2 0.0 0 14.3 1 7 Environment 18.2 8 31.8 14 25.0 11 25.0 11 44 Planning & PSR `` 3 43.8 7 18.8 3 18.8 3 16 Transport & Highways 25.0 2 12.5 1 37.5 3 25.0 2 8 Waste Manag. & Street Scene 20.0 2 20.0 2 40.0 4 20.0 2 10 Public Protection 14.3 1 14.3 1 14.3 1 57.1 4 7 Energy Efficiency 0.0 0 100.0 3 0.0 0 0.0 0 3 Lifelong Learning 14.3 3 23.8 5* 38.1 8 23.8 5 21 Education 0.0 0 14.3 2 50.0 7 35.7 5 14 Leisure & Culture 42.9 3 42.9 3 14.3 1 0.0 0 7 Social Services & Housing 33.0 31 18.1 17 27.7 26 21.3 20 94 Childrens 36.4 16 20.5 9 22.7 10 20.5 9 44 Adults 35.3 6 0.0 0 47.1 8 17.6 3 17 Supporting People 33.3 4 33.3 4 16.7 2 16.7 2 12 Housing 23.8 5 19.0 4 28.6 6 28.6 6 21

TOTAL 28.6 50 23.4 41 26.9 47 21.1 37 175

Upper Quartiles:4 52% (91) Lower Quartiles: 48% (84)

Quartile distribution of all national performance indicators

4th 21% 1st 29%

3rd 27% 2nd 23%

1st 2nd 3rd 4th

5 Quartile distribution broken down by Directorate

SSH 33 18.1 27.6 21.3

LL 14.3 23.8 38.1 23.8

E 18.2 31.8 25 25 Directorate

R 50 31.3 12.5 6.3

0% 20% 40% 60% 80% 100%

1st 2nd 3rd 4th

6 Quartile distribution broken down by Indicator Grouping

SSH: Hous ing 23.8 19.0 28.6 28.6

SSH: Supporting People 33.3 33.3 16.7 16.7

SSH: Adults 35.3 0.0 47.1 17.6

SSH: Childrens 36.4 20.5 22.7 20.5

LL: Leisure & Culture 42.9 42.9 14.3 0.0

LL: Education0.0 14.3 50.0 35.7

E: Ener gy Ef f ic ienc y 0.0 100.0 0.0

E: Public Protection 14.3 14.3 14.3 57.1

Indicator Grouping Indicator E: Waste Manag. & Street 20.0 20.0 40.0 20.0 Scene

E: Transport & Highw ays 25.0 12.5 37.5 25.0

E: Planning & PSR 18.8 43.5 18.8 18.8

R: Housing/Council Tax 57.1 28.6 0.0 14.3 Benefit

R: Human Res ourc es 40.0 20.0 40.0 0.0

R: Financial Health 50.0 50.0 0.0

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

1st 2nd 3rd 4th

7 Section 2: 2006-07 performance

Corporate Health – Human Resources

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile Performance Position improved Performance Position since 2005/06? CHR/001a The percentage of employees (including teachers and school 11.13 3rd 9.61 Median based staff) who leave the employment of the local Ø authority, whether on a voluntary or involuntary basis; CHR/001b The percentage of employees (excluding teachers and school 11.88 3rd 9.5 2nd based staff) who leave the employment of the local Ø authority, whether on a voluntary or involuntary basis. CHR/002 The number of working days/ shifts per full time equivalent 10.0 1st 11.2 2nd (FTE) local authority employee lost due to sickness absence. × CHR/003 The number of ill-health retirements as a percentage of 0.18 1st 0.33 Median the local authority’s workforce. ×

CHR/004 The percentage of local authority employees from 0.67 2nd 0.47 3rd minority ethnic communities. ×

CHR/005 The percentage of local authority employees declaring 1.64 2nd 2.10 1st that they are disabled under Ø the terms of the Disability Discrimination Act 1995. 8

Corporate Health – Financial Health

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile Performance Position improved Performance Position since 2005/06? CFH/003 The Percentage Increase in the county/county borough band D 1.96 4.49 council tax. CFH/006 The percentage of undisputed invoices which were paid 92.1 2nd 89.7 2nd within 30 days × CFH/007 The percentage of council tax due for the financial year which 97.89 1st × 97.65 1st was received by the authority CFH/008 The percentage of non- domestic rates due for the 98.40 2nd 98.19 Median financial year which were × received by the authority CFH/009 The amount of total debts outstanding, that are older than 2.9 1st New indicator for 2006/07 three months, as a percentage of the total sundry debt raised in the year CFH/010 The cost of servicing unsupported borrowing as a 2.2 New indicator for 2006/07 percentage of the total amount of council tax required for the year CFH/011a Level of general fund reserves earmarked as a percentage of 3.48 New indicator for 2006/07 the annual budget requirement CFH/011b Level of general fund reserves unallocated as a percentage of 2.49 New indicator for 2006/07 the annual budget requirement 9 CFH/011c Level of general fund reserves both earmarked and 5.97 New indicator for 2006/07 unallocated as a percentage of the annual budget requirement

Education

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performa Denbighshire Quartile Performance Position nce Performance Position improved since 2005/06? EDU/001 Percentage of pupil attendance in secondary schools 89.37 4th Ø 89.55 4th

EDU/002ai The number of pupils (including those in local authority care) in any 36 - 59 - local authority maintained learning setting, who attain the age of 16 × during the school year and leave full-time education, training or work based learning without an approved external qualification. EDU/002bi The percentage of all pupils 2.64 3rd 4.31 4th (including those in local authority care) in any local authority × maintained learning setting, who attain the age of 16 during the school year and leave full-time education, training or work based learning without an approved external qualification. EDU/002aii The number of pupils in local authority care in any local authority 2 - 3 - maintained learning setting, who

10 attain the age of 16 during the school year and leave full-time education, training or work based × learning without an approved external qualification. EDU/002bii The percentage of pupils in local authority care in any local authority 20 3rd 20 3rd maintained learning setting, who attain the age of 16 during the Ö school year and leave full-time education, training or work based learning without an approved external qualification. EDU/003 The percentage of pupils eligible for assessment at the end of Key Stage 71.27 3rd 74.66 3rd 2, in schools maintained by the local authority, achieving the Core Ø Subject Indicator, as determined by Teacher Assessment. EDU/004 The percentage of pupils eligible for assessment at the end of Key Stage 58.67 2nd 52.50 4th 3, in schools maintained by the local authority, achieving the Core × Subject Indicator, as determined by Teacher Assessment. EDU/006ai The number of pupils eligible for assessment, in schools maintained 215 - 236 - by the local authority, receiving a Teacher Assessment in Welsh (first Ø language) at the end of Key Stage 2 EDU/006bi The percentage of pupils eligible for assessment, in schools maintained 18.44 2nd 19.60 1st by the local authority, receiving a Teacher Assessment in Welsh (first Ø language) at the end of Key Stage 2 EDU/006aii The number of pupils eligible for assessment, in schools maintained 218 - 220 - by the local authority, receiving a Teacher Assessment in Welsh (first Ø language) at the end of Key Stage 3

11 EDU/006bii The percentage of pupils eligible for assessment, in schools maintained 15.56 2nd 15.18 1st by the local authority, receiving a × Teacher Assessment in Welsh (first language) at the end of Key Stage 3 EDU/011 The average external qualifications point score for 16 year olds, in 313 4th New indicator for 2006/07 learning settings maintained by the local authority. EDU/007 Percentage of pupil attendance in primary schools 92.3 3rd New indicator for 2006/07

EDU/008a The number of pupils permanently excluded from primary school 0.46 4th New indicator for 2006/07 during the year per 1,000 pupils EDU/008b The number of pupils permanently excluded from secondary school 2.51 3rd New indicator for 2006/07 during the year per 1,000 pupils EDU/009a The average number of school days that permanently excluded pupils 57.7 4th New indicator for 2006/07 did not receive an offer of full time appropriate education provision during the year EDU/009b The average number of school days that permanently excluded 36.2 4th New indicator for 2006/07 pupils did not receive an offer of part time appropriate education provision during the year EDU/010a The percentage of school days lost due to fixed-term exclusions during 0.0 New indicator for 2006/07 the year, in primary schools EDU/010b The percentage of school days lost due to fixed-term exclusions during 0.2 Median New indicator for 2006/07 the year, in secondary schools EDU/012 The percentage of key stage 2 primary school classes with more 0.0 New indicator for 2006/07 than 30 pupils

12 EDU/013 The number of pupils per teacher in primary schools maintained by the 16.4 3rd New indicator for 2006/07 local authority EDU/014 The number of pupils per teacher in secondary schools maintained by 14.7 3rd New indicator for 2006/07 the local authority

Social Care – Adult Services

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile Performance improved Performance since 05/06? SCA/001 The rate of delayed transfers of care for social care reasons per 0.72 1st Ø 0.41 1st 1,000 population aged 75 or over. SCA/002a The rate of older people (aged 65 or over) helped to live at home per 77.42 3rd × 64.59 4th 1,000 population aged 65 or over. SCA/002b The rate of older people (aged 65 or over) whom the authority 31.17 4th 34.35 4th supports in care homes per 1,000 × population aged 65 or over. SCA/003a The percentage of clients who are supported in the community during 90.41 4th × 88.10 3rd the year, who are aged 18-64 SCA/003b The percentage of clients who are supported in the community during 79.20 3rd × 78.77 3rd the year, who are aged 65+ SCA/004 The percentage of enquiries that trigger an assessment 69.5 New indicator for 2006/07

SCA/005 The average number of working days between initial enquiry and

13 completion of the care plan. 45 4th New indicator for 2006/07

SCA/006 The average number of working days taken from completion of the 6 1st New indicator for 2006/07 care plan to provision and/or installation of aids/equipment SCA/007 The percentage of clients with a st care plan at 31 March whose care 84.4 1st New indicator for 2006/07 plans should have been reviewed that were reviewed during the year SCA/008a The number of adult protection referrals received during the year 1.88 - New indicator for 2006/07 per 1,000 population aged 18+ SCA/008bi Of the adult protection referrals completed during the year, the 74.1 3rd New indicator for 2006/07 percentage: That lead to an adult protection investigation SCA/008bii Of the adult protection referrals completed during the year, the 19.6 - New indicator for 2006/07 percentage: That were admitted or proved SCA/00biii Of the adult protection referrals completed during the year, the 25.9 - New indicator for 2006/07 percentage: Where the client or their property is no longer at risk SCA/009 The rate per 1,000 adults (aged 18+) receiving a service in the 14.41 3rd New indicator for 2006/07 community who receive a direct payment. SCA/010 The rate per 1,000 adult clients assessed during the year who are - - New indicator for 2006/07 provided with assistive technology as part of a package of care SCA/011a The percentage of delayed transfers of care due to healthcare 28.6 3rd New indicator for 2006/07 reasons SCA/011b The percentage of delayed transfers of care due to social care 8.3 1st New indicator for 2006/07 reasons SCA/011c The percentage of delayed

14 transfers of care due to other 63.1 1st New indicator for 2006/07 reasons

SCA/012a The percentage of identified carers of adult service users who were 84.5 3rd New indicator for 2006/07 offered an assessment SCA/012b The percentage of identified carers of adult service users who had an 52.4 3rd New indicator for 2006/07 assessment SCA/012c The percentage of identified carers of adult service users who had an 37.0 3rd New indicator for 2006/07 assessment which was an assessment in their own right SCA/012d The percentage of identified carers of adult service users who were 14.8 3rd New indicator for 2006/07 assessed who were provided with a service SCA/012e The percentage of identified carers of adult service users who are 0.0 1st New indicator for 2006/07 awaiting assessment SCA/013a The number of Whole Time Equivalent staff in post, per 10,000 5.80 - New indicator for 2006/07 population aged 18+, who are Registered Social workers for adults SCA/013b The number of Whole Time Equivalent staff in post, per 10,000 0.83 - New indicator for 2006/07 population aged 18+, who are Occupational Therapists employed or funded by Social Services SCA/013c The number of Whole Time Equivalent staff in post, per 10,000 4.45 - New indicator for 2006/07 population aged 18+, who are Other staff undertaking assessments, care management and review activities employed or funded by Social Services

Social care – Children’s Services

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile Performance improved Performance since 05/06? SCC/001a The percentage of first placements of looked after children during the year 88.9 3rd × 80.6 4th that began with a care plan in place. SCC/001b For those children looked after whose second review (due at 4 months) was 100.0 1st 80.6 3rd due in the year, the percentage with a × plan for permanence at the due date. SCC/002 The percentage of children looked after at 31 March who have 17.7 4th 17.3 3rd experienced one or more change of Ø school, during a period or periods of being looked after, which were not due to transitional arrangements, in the 12 months to 31 March. SCC/004 The percentage of children looked after on 31 March who have had three 7.1 2nd × 20 4th or more placements during the year. SCC/006 The percentage of referrals during the year on which a decision was made 82.5 3rd New indicator for 2006/07 within 1 working day. SCC/007a The percentage of referrals that proceed to allocation for initial 60.1 2nd New indicator for 2006/07 assessment during the year allocated to a social worker for initial assessment SCC/007b The percentage of referrals that proceed to allocation for initial 0.1 1st New indicator for 2006/07 assessment during the year allocated to someone other than a social worker for initial assessment

16 SCC/008a The percentage of initial assessments carried out within 7 working days 81.7 1st New indicator for 2006/07

SCC/008b The average time taken to complete initial assessments that took longer 21 3rd New indicator for 2006/07 than 7 working days to complete SCC/009a The percentage of required core assessments carried out within 35 65.2 2nd New indicator for 2006/07 working days SCC/009b The average time taken to complete those required core assessments that 61 2nd New indicator for 2006/07 took longer than 35 days SCC/010a The percentage of referrals that are re- referrals within 12 months 27.7 3rd New indicator for 2006/07

SCC/010b The percentage of referrals during the year where the child had been on the 12.8 4th New indicator for 2006/07 CPR or who had been looked after during the previous 12-month period. SCC/011a The percentage of initial assessments that took place during the year where - - New indicator for 2006/07 there is evidence that the child has been seen by the Social Worker SCC/011b The percentage of initial assessments that took place during the year where - - New indicator for 2006/07 there is evidence that the child has been seen alone by the Social Worker. SCC/012a The percentage of initial assessments taking place during the year where the 98.8 2nd New indicator for 2006/07 following is recorded: Ethnicity SCC/012b The percentage of initial assessments taking place during the year where the 61.7 2nd New indicator for 2006/07 following is recorded: Religion SCC/012c The percentage of initial assessments taking place during the year where the 98.8 1st New indicator for 2006/07 following is recorded: First language choice SCC/012d The percentage of initial assessments

17 taking place during the year where the - - New indicator for 2006/07 following is recorded: Preferred communication method (where the child relies on means other than spoken language) SCC/013ai The percentage of open cases of children with an allocated social 100.0 - New indicator for 2006/07 worker where the child is receiving a service in each of the following groups: Children on the child protection register SCC/013aii The percentage of open cases of children with an allocated social 100.0 - New indicator for 2006/07 worker where the child is receiving a service in each of the following groups: Children looked after SCC/013aiii The percentage of open cases of children with an allocated social 89.6 - New indicator for 2006/07 worker where the child is receiving a service in each of the following groups: Children in need SCC/013bi The percentage of open cases of children allocated to someone other - - New indicator for 2006/07 than a social worker where the child is receiving a service in each of the following groups: Children on the child protection register SCC/013bii The percentage of open cases of children allocated to someone other - - New indicator for 2006/07 than a social worker where the child is receiving a service in each of the following groups: Children looked after SCC/013biii The percentage of open cases of children allocated to someone other 100.0 - New indicator for 2006/07 than a social worker where the child is receiving a service in each of the following groups: Children in need SCC/014 The percentage of initial child protection conferences due in the year 70.5 3rd New indicator for 2006/07 which were held within 15 working days of the strategy discussion

18 SCC/015 The percentage of initial core group meetings due in the year which were 52.5 3rd New indicator for 2006/07 held within 10 working days of the initial child protection conference SCC/016 The percentage of reviews of child in need plans carried out in accordance - New indicator for 2006/07 with the statutory timetable. SCC/017 The percentage of children on the child protection register whose cases 100.0 1st New indicator for 2006/07 were reviewed within statutory timescales SCC/018 The percentage of health assessments for Looked after Children due in the 88.0 1st New indicator for 2006/07 year that have been undertaken. SCC/019 The percentage of children looked after at 31 March who were registered 98.1 4th New indicator for 2006/07 with a provider of general medical services at that date. SCC/020 The percentage of looked after children who have had their teeth 75.7 3rd New indicator for 2006/07 checked by a dentist during the year. SCC/021 The percentage of looked after children reviews carried out within 69.7 4th New indicator for 2006/07 statutory timescales SCC/022a The percentage attendance of looked after pupils whilst in care in primary 94.2 3rd New indicator for 2006/07 schools SCC/022b The percentage attendance of looked after pupils whilst in care in secondary 83.2 4th New indicator for 2006/07 schools SCC/023a The percentage of children looked after who were permanently excluded 0.0 1st New indicator for 2006/07 from school during the school year SCC/023b The average number of days spent out of school on fixed-term exclusions for 4.7 2nd New indicator for 2006/07 children looked after. SCC/024 The percentage of children looked after during the year with a Personal 89.5 1st New indicator for 2006/07 19 Education Plan within 20 school days of entering care or joining a new school in the year. SCC/025 The percentage of statutory visits to - - looked after children due in the year New indicator for 2006/07 that took place in accordance with regulations. SCC/026ai The gross weekly expenditure per - looked after child in: Foster care 268 New indicator for 2006/07 (Local authority own provision) SCC/026aii The gross weekly expenditure per - looked after child in: Foster care 944 New indicator for 2006/07 (Externally purchased provision) SCC/026bi The gross weekly expenditure per - looked after child in: Children’s homes 241 New indicator for 2006/07 excluding secure accommodation (Local authority own provision) SCC/026bii The gross weekly expenditure per - looked after child in: Children’s homes 3,104 New indicator for 2006/07 excluding secure accommodation (Externally purchased provision) SCC/026c The gross weekly expenditure per - looked after child in: Secure 0 New indicator for 2006/07 accommodation SCC/027 The percentage of looked after children placed at a distance less than 95.8 2nd New indicator for 2006/07 20 miles from their home address. SCC/028 The percentage of children looked - after who had a fully completed and - New indicator for 2006/07 updated Assessment and Action Record at their third review. SCC/029a The percentage of eligible, relevant and former relevant children that have 100 1st New indicator for 2006/07 pathway plans as required SCC/029b The percentage of eligible, relevant and former relevant children that have 75 4th New indicator for 2006/07 been allocated a personal advisor SCC/030a The percentage of young carers known to Social Services who were 100.0 1st New indicator for 2006/07 assessed

20 SCC/030b The percentage of young carers known to Social Services who were 25.0 4th New indicator for 2006/07 provided with a service SCC/031 The percentage of children and young people with disabilities receiving 5.6 3rd New indicator for 2006/07 services who are receiving direct payments at 31 March SCC/032a The percentage of children who had been looked after continuously for at 100.0 1st New indicator for 2006/07 least 4 years at 31 March and had been in their foster placement for at least 2 years for: Children aged 4-5 years SCC/032b The percentage of children who had been looked after continuously for at 83.3 1st New indicator for 2006/07 least 4 years at 31 March and had been in their foster placement for at least 2 years for: Children aged 6-10 years SCC/032c The percentage of children who had been looked after continuously for at 77.3 2nd New indicator for 2006/07 least 4 years at 31 March and had been in their foster placement for at least 2 years for: Children aged over 11years SCC/033a The percentage of young people formerly looked after with whom the 94.4 3rd New indicator for 2006/07 authority is in contact at the age of 19. SCC/033b The percentage of young people formerly looked after with whom the 76.5 4th New indicator for 2006/07 authority is in contact, who are known to be in suitable, non-emergency accommodation at the age of 19. SCC/033c The percentage of young people formerly looked after with whom the 35.3 4th New indicator for 2006/07 authority is in contact, who are known to be engaged in education, training or employment at the age of 19.

21 Housing – Homelessness and Housing Advice

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile Performance improved Performance since 05/06? HHA/001a The number of homeless families with children who have used bed and 0 1st 40 3rd breakfast accommodation during the × year, except in emergencies.

HHA/001b The average number of days all homeless households spend in 105 3rd Ø 86 2nd temporary accommodation. HHA/002 The average number of working days between homeless presentation and 138 3rd 100 3rd discharge of duty for households Ø found to be statutorily homeless. HHA/004 The amount of the Council Fund resources spent on Bed and Breakfast 4.6 1st 10.3 1st accommodation during the year as a × percentage of the total Council Fund resources allocated to the homelessness and housing advice services budget. HHA/007a The total number of homeless households having used Bed & 80 2nd × 123 2nd Breakfast accommodation HHA/007b The total number of homeless households having used all other 82 2nd Ø 70 1st forms of temporary accommodation HHA/008a The percentage of homeless presentations accepted as statutorily 41.5 - New indicator for 2006/07 homeless HHA/008b The percentage of homeless presentations decided within 33 99.4 1st New indicator for 2006/07 working days

22 HHA/009 The percentage of local authority decisions on homeless presentations 87.5 2nd New indicator for 2006/07 that were upheld following a review. HHA/010 The percentage of final offers of accommodation intended to discharge - - New indicator for 2006/07 the section 193 duty that were successfully appealed. HHA/011 The percentage of households accepted as statutorily homeless 2.29 3rd New indicator for 2006/07 during the year to whom a full homelessness duty has been discharged by the same local authority within the last 2 years.

Housing – Private Sector Renewal

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile Performance improved Performance since 05/06? PSR/001 The percentage of unfit private sector dwellings made fit, closed or 4.69 2nd 6.65 1st demolished through direct action by Ø the local authority.

PSR/002 The average number of calendar days taken to deliver a Disabled Facilities 452 2nd × 546 2nd Grant. PSR/003 The average number of calendar days taken to deliver an adaptation for a - - - - - Local Authority tenant where the Disabled Facilities Grant process is not used. PSR/004 The percentage of private sector dwellings that had been vacant for 0.44 3rd 2.02 1st more than 6 months at 1 April that Ø were returned to occupation during the year through direct action by the local authority.

23 PSR/006 The average number of calendar days taken to deliver low cost adaptation 179 4th New indicator for 2006/07 works in private dwellings where the Disabled Facilities Grant process is not used

Housing – Supporting People

SPP/001ii The average number, per 1,000 head of population, of bed spaces in direct 0.2 2nd Ö 0.2 Median access SPP/001iii The average number, per 1,000 head of population, of bed spaces in temporary 0.8 1st Ø 1.0 1st residential accommodation SPP/001iv The average number, per 1,000 head of population, of bed spaces in 0.9 2nd Ø 1.0 2nd permanent residential accommodation SPP/001v The average number, per 1,000 head of population, of bed spaces in sheltered 13.7 1st Ö 13.7 1st accommodation for older people SPP/001vi The average number, per 1,000 head of population, of community alarm 15.5 2nd Ö 15.5 2nd services SPP/004 The number of units of housing related support commissioned during the 21.82 1st New indicator for 2006/07 year, per 1,000 population SPP/005a The number of weeks that floating support services are void as a 12.25 4th New indicator for 2006/07

24 percentage of the maximum potential support capacity for the year SPP/005b The number of weeks that direct access support services are void as a 23.80 4th New indicator for 2006/07 percentage of the maximum potential support capacity for the year SPP/005c The number of weeks that temporary accommodation support services are 6.69 3rd New indicator for 2006/07 void as a percentage of the maximum potential support capacity for the year SPP/005d The number of weeks that permanent accommodation support services are 5.03 3rd New indicator for 2006/07 void as a percentage of the maximum potential support capacity for the year SPP/005e The number of weeks that sheltered accommodation for older people 2.86 2nd New indicator for 2006/07 support services are void as a percentage of the maximum potential support capacity for the year SPP/006a The gross commissioned cost of floating support services per unit per 3,625 - New indicator for 2006/07 annum of housing related support SPP/006b The gross commissioned cost of direct access support services per unit per 18,562 - New indicator for 2006/07 annum of housing related support SPP/006c The gross commissioned cost of temporary accommodation support 12,857 - New indicator for 2006/07 services per unit per annum of housing related support SPP/006d The gross commissioned cost of permanent accommodation support 15,454 - New indicator for 2006/07 services per unit per annum of housing related support SPP/006e The gross commissioned cost of community alarm services per unit per 16 - New indicator for 2006/07 annum of housing related support SPP/006f The gross commissioned cost of sheltered accommodation for older 373 - New indicator for 2006/07 people support services per unit per annum of housing related support SPP/007 The gross commissioned cost of housing related support per service 1496 - New indicator for 2006/07

25 user per annum

Housing – Landlord services

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile Performance improved Performance Position since 05/06? HLS/006a The total amount of rent collected during the financial year from current 95.51 4th New indicator for 2006/07 and former tenants as a percentage of the total rent collectable for the financial year, in permanent accommodation HLS/006b The total amount of rent collected during the financial year from current 77.96 4th New indicator for 2006/07 and former tenants as a percentage of the total rent collectable for the financial year, in temporary accommodation HLS/007ai The total amount of rent arrears owed by current and former tenants in 4.82 3rd New indicator for 2006/07 permanent accommodation as a percentage of the total rent collectable for the financial year HLS/007aii The total amount of rent arrears owed by current and former tenants in 22.84 4th New indicator for 2006/07 temporary accommodation as a percentage of the total rent collectable for the financial year HLS/007bi The total amount of rent arrears owed by former tenants in permanent 0.34 2nd New indicator for 2006/07 accommodation which were written off as unrecoverable during the financial year as a percentage of the total rent collectable for the financial year HLS/007bii The total amount of rent arrears owed by former tenants in temporary 0.00 1st New indicator for 2006/07 accommodation which were written off as unrecoverable during the financial 26 year as a percentage of the total rent collectable for the financial year HLS/008a The total amount of rent lost due to lettable units of accommodation being 1.03 2nd New indicator for 2006/07 empty as a percentage of the total rent debit for the financial year, for permanent accommodation HLS/008b The total amount of rent lost due to lettable units of accommodation being 22.52 4th New indicator for 2006/07 empty as a percentage of the total rent debit for the financial year, for temporary accommodation HLS/009a The average number of calendar days taken to let lettable units of 51.4 3rd New indicator for 2006/07 accommodation during the financial year, for permanent accommodation HLS/009b The average number of calendar days taken to let lettable units of 37.5 3rd New indicator for 2006/07 accommodation during the financial year, for temporary accommodation HLS/010a The average number of calendar days taken to complete: Emergency repairs 1.1 4th New indicator for 2006/07

HLS/010b The average number of calendar days taken to complete: Urgent repairs 2.1 1st New indicator for 2006/07

HLS/0110c The average number of calendar days taken to complete: Non-urgent repairs 34.5 4th New indicator for 2006/07

HLS/011 The percentage of secure lettings New indicator for 2006/07 made between 24 and 12 months ago 85.4 2nd that are still in existence.

27 Public Protection

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile performance Position improved performance Position since 2005/06? PPN/001ai The number of high risk businesses liable to a 11 - - 11 - programmed inspection or alternative enforcement activity during the year for Trading Standards PPN/001aii The number of high risk businesses liable to a 547 - - 589 - programmed inspection or alternative enforcement activity during the year for Food Hygiene PPN/001aiii The number of high risk businesses liable to a 67 - - 173 - programmed inspection or alternative enforcement activity during the year for Animal Health PPN/001aiv The number of high risk businesses liable to a 10 - - 22 - programmed inspection or alternative enforcement activity during the year for Health and Safety PPN/001bi The percentage of these high risk businesses that were liable to a 100 1st 100 1st programmed inspection or alternative inspection activity that Ö were inspected/subject to alternative enforcement activity, for Trading Standards PPN/001bii The percentage of these high risk businesses that were liable to a 78 4th 71 4th programmed inspection or × alternative inspection activity that were inspected/subject to 28 alternative enforcement activity, for Food Hygiene PPN/001biii The percentage of these high risk businesses that were liable to a 78 4th 50 4th programmed inspection or × alternative inspection activity that were inspected/subject to alternative enforcement activity, for Animal Health PPN/001biv The percentage of these high risk businesses that were liable to a 90 3rd 95 3rd programmed inspection or × alternative inspection activity that were inspected/subject to alternative enforcement activity, for Health and Safety PPN/004 The percentage of all eligible food premises with a valid food hygiene 24.54 1st New indicator for 2006/07 award. PPN/005ai The percentage of new businesses identified during the year which - - New indicator for 2006/07 were subject to an inspection for Trading Standards PPN/005aii The percentage of new businesses identified during the year which 32 4th New indicator for 2006/07 were subject to an inspection for Food Hygiene PPN/005aiii The percentage of new businesses identified during the year which - - New indicator for 2006/07 were subject to an inspection for Animal Health PPN/005aiv The percentage of new businesses identified during the year which - - New indicator for 2006/07 were subject to an inspection for Health & Safety PPN/005bi The percentage of new businesses identified during the year which - - New indicator for 2006/07 submitted a self-assessment questionnaire, for Trading Standards

29 PPN/005bii The percentage of new businesses identified during the year which 0 - New indicator for 2006/07 submitted a self-assessment questionnaire, for Food Hygiene PPN/005biii The percentage of new businesses identified during the year which - - New indicator for 2006/07 submitted a self-assessment questionnaire, for Animal Health PPN/005biv The percentage of new businesses identified during the year which - - New indicator for 2006/07 submitted a self-assessment questionnaire, for Health & Safety PPN/006ai The number of medium risk businesses liable to a - - New indicator for 2006/07 programmed inspection or alternative enforcement activity during the year for Trading Standards PPN/006bi The percentage of these medium risk businesses that were liable to - - New indicator for 2006/07 a programmed inspection or alternative inspection activity that were inspected/subject to alternative enforcement activity, for Trading Standards PPN/006aii The number of medium risk businesses that were liable for a 326 - New indicator for 2006/07 programmed inspection/ AEA at the beginning of the year for Animal Health PPN/006bii The percentage of these medium risk businesses that were liable to 52 4th New indicator for 2006/07 a programmed inspection or alternative inspection activity that were inspected/subject to alternative enforcement activity, for Animal Health

30 PPN/007ai The number of significant breaches detected per business - - New indicator for 2006/07 liable to a programmed inspection or Alternative Enforcement Activity per year for Trading Standards PPN/007bi The percentage of significant breaches that were rectified by - - New indicator for 2006/07 intervention for Trading Standards PPN/007aii The number of significant breaches detected per business 0.21 - New indicator for 2006/07 liable to a programmed inspection or Alternative Enforcement Activity per year for Animal Health PPN/007bii The percentage of significant breaches that were rectified by 91.3 2nd New indicator for 2006/07 intervention for Animal Health

Planning

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Quartile Reference Denbighshire Quartile performance Denbighshire Position performance Position improved performance since 2005/06? PLA/002 The percentage of planning applications determined during 88.3 - - 85 - the year that were approved. PLA/003ai The number of appeals that were determined during the year in 35 - - 31 - relation to planning application decisions PLA/003bi The percentage of these determined appeals that upheld 80.0 1st 80.7 1st the authority’s decision, in Ø relation to planning application decisions

31 PLA/003aii The number of appeals that were determined during the year in 2 - - 4 - relation to enforcement notices

PLA/003bii The percentage of these determined appeals that upheld 50.0 4th 100 1st the authority’s decision, in Ø relation to enforcement notices PLA/004a The percentage of major planning applications determined during 31.6 3rd 45 1st the year within 13 weeks Ø

PLA/004b The percentage of minor planning applications determined during 57.0 2nd 59.1 1st the year within 8 weeks Ø

PLA/004c The percentage of householder planning applications determined 85.8 1st Ø 87.1 1st during the year within 8 weeks PLA/004d The percentage of all other planning applications determined 83.7 1st × 76.9 1st during the year within 8 weeks. PLA/005 The percentage of enforcement complaints resolved during the 63.7 2nd 69.1 2nd year within 12 weeks of receipt. Ø

PLA/006 The number of new affordable housing units provided during the 11 2nd New indicator for 2006/07 year as a percentage of all new housing units provided during the year PLA/007 The number of new housing units provided during the year on 75.77 2nd New indicator for 2006/07 previously developed land as a percentage of all new housing units provided during the year BCT/004 Percentage of Building control ‘full plan’ applications checked 27.9 4th New indicator for 2006/07 within 15 working days during the year

32 BCT/007 The percentage of ‘full plan’ applications approved first time 81 3rd New indicator for 2006/07

Energy Efficiency

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance performance Quartile performance Position improved Position since 2005/06? EEF/001a Percentage change in carbon dioxide emissions in the non 16.97 2nd 16.97 1st domestic public stock. Ö EEF/001bi Percentage change in energy use in the housing stock. 9.07 2nd × 7.13 2nd

EEF/001bii Percentage change in carbon dioxide emissions in the housing 6.75 2nd 5.33 3rd stock ×

33 Waste Management

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance performance Quartile performance Position improved Position since 2005/06? WMT/001ai The total tonnage of municipal waste reused and/or recycled by 8,372 7,747 3rd the local authority ×

WMT/001bi The percentage of municipal waste reused and/or recycled. 16.91 3rd × 15.5 2nd

WMT/001aii The total tonnage of municipal waste composted or treated 4,556 3,164 4th biologically in another way by × the local authority

WMT/001bii The percentage of municipal 6.34 waste composted or treated 9.20 2nd × 3rd biologically in another way. WMT/002a The total tonnage of bio- degradable municipal waste sent 23,165 × 25,214 1st to landfill by the authority WMT/002b The percentage of bio- degradable municipal waste sent 71.09 3rd × 76.43 3rd to landfill. WMT/003a The total tonnage of incinerator residues (bottom ash), 3,667 4,192 2nd construction and demolition Ø wastes (including rubble), abandoned vehicles and beach cleansing wastes recycled by the local authority. WMT/003b The percentage of incinerator residues (bottom ash), 92.48 3rd 100 1st construction and demolition Ø wastes (including rubble),

34 abandoned vehicles and beach cleansing wastes recycled by the local authority. WMT/004a The total tonnage of municipal waste sent to landfill 36,485 × 38,542 1st

WMT/004b The percentage of municipal waste sent to landfill 68.24 2nd × 77.26 4th

WMT/005a The total tonnage of municipal waste used to recover heat and 312 Ø 363 1st power. WMT/005b The percentage of municipal waste used to recover heat and 0.58 1st Ø 0.73 1st power WMT/006 The percentage of households served by a kerbside collection 53 4th Ø 55 3rd of two or more recyclables. WMT/007 The percentage of municipal waste received at all household 40.32 4th New indicator for 2006/07 waste amenity sites that is reused, recycled or composted

Street Scene

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance performance Quartile performance Position improved Position since 2005/06? STS/001 The percentage of highways and relevant land inspected of a high 93.2 3rd 91.7 or acceptable standard of × cleanliness STS/002 The percentage of abandoned New indicator for 2006/07

35 vehicles removed within 24 hours 1st of expiry of the relevant notice 100.00 period STS/003 The percentage of reported fly - New indicator for 2006/07 tipping incidents on relevant land cleared within 5 working days STS/004 The net cost of cleaning New indicator for 2006/07 highways and relevant land per 13,492.88 1,000 population

Transport and Highways

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance performance Quartile performance Position improved since Position 2005/06? THS/001a Condition of principal (A) roads 24.1 4th Ø 21.2 4th

THS/001b Condition of non-principal/ classified roads 24.3 4th Ø 18.7 3rd

THS/002 Annual highway related claims expenditure as a percentage of 18 3rd 33 3rd the annual structural × maintenance expenditure THS/003 The percentage of the annual structural maintenance 85 1st 74 Median expenditure that was spent on × planned structural maintenance.

THS/004 The percentage of the local authority maintained road 28.3 3rd 28.2 4th network subject to precautionary × salting during the year.

36 THS/007 The percentage of adults aged 60+ who hold a concessionary 72 3rd × 71 3rd travel pass. THS/008 The percentage of total length of footpaths and other rights of way 69 2nd 64 2nd which are easy to use by × members of the public. THS/009 The average number of calendar New indicator for 2006/07 days taken to repair street lamp 2.50 1st failures during the year

Housing Benefit and Council Tax Benefit

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance performance Quartile performance Position improved since Position 2005/06? BNF/001a Housing Benefit security: The number of claimants visited, per 334.39 1st 341.45 1st 1,000 caseload Ø

BNF/001b Housing Benefit security: The number of fraud investigators 0.21 3rd 0.25 3rd employed per 1,000 caseload BNF/001c Housing Benefit security: The number of fraud investigations 23.98 3rd 47.70 2nd per 1,000 caseload

BNF/001d Housing Benefit security: The number of prosecutions and 4.56 2nd 8.33 1st sanctions per 1,000 caseload

BNF/002a Speed of processing: Average time for processing new claims 30.51 2nd × 32.95 2nd

BNF/002b Speed of processing: Average time for processing notification 7.73 1st × 9.35 1st of changes of circumstances 37 BNF/003a Accuracy of processing: The percentage of cases for which 96.40 4th 96.40 4th the calculation of the amount of Ö benefit due was correct on the basis of the information available for the decision for a sample of cases checked post decision BNF/003bi Accuracy of processing: The amount of Housing Benefit 90.13 1st 87.6 1st overpayments recovered during × the year as a percentage of the total amount of Housing Benefit overpayments identified during the year. BNF/003bii Accuracy of processing: The amount of Housing Benefit 33.23 2nd 29.84 3rd overpayments recovered during × the year as a percentage of the total amount of Housing Benefit overpayment debt outstanding at the start of the year plus the total amount of Housing Benefit overpayments identified during the year. BNF/003biii Accuracy of processing: The amount of Housing Benefit 2.15 1st 2.94 2nd overpayments written off during × the year as a percentage of the total amount of Housing Benefit overpayment debt outstanding at the start of the year plus the total amount of Housing Benefit overpayments identified during the year.

38 Leisure and Culture

Indicator Indicator Description 06/07 06/07 Has 05/06 05/06 Reference Denbighshire Quartile performance Denbighshire Quartile Performance Position improved since Performance Position 2005/06? LCS/001a The number of visits to indoor sports facilities during the 7467 2nd New indicator for 2006/07 year per 1,000 population

LCS/001b The number of visits to outdoor sports facilities during 2287 1st New indicator for 2006/07 the year per 1,000 population LCL/001 The number of people using Public Library Services during 7826 1st New indicator for 2006/07 the year per 1,000 population LCL/002a The number of publicly accessible computers per 11 1st New indicator for 2006/07 10,000 population LCL/002b The percentage of available computer hours in use. 48 2nd New indicator for 2006/07

LCL/002c The percentage of libraries that offer customers access to - - New indicator for 2006/07 computer services through the medium of Welsh. LCL/003a The percentage of library material requests supplied 64 2nd New indicator for 2006/07 within 7 working days. LCL/003b The percentage of library material requests supplied 77 3rd New indicator for 2006/07 within 15 working days.

39 AGENDA ITEM NO: 13

REPORT TO: COUNTY COUNCIL

REPORT BY: THE CHIEF EXECUTIVE AND RETURNING OFFICER

DATE: 20th NOVEMBER 2007

SUBJECT: REVIEW OF POLLING DISTRICTS AND POLLING PLACES

1. DECISION SOUGHT

1.1 To take decisions following the consultation approved by the Council on polling districts and polling places situated within the County

2. REASON FOR SEEKING A DECISION

2.1 Under Section 18C(1) of the Representation of the People Act 1983, as inserted by the Electoral Administration Act 2006, there is a requirement for the Council to review all polling districts and polling places by the end of 2007, and at least every four years thereafter.

2.2 Local Authorities are required to divide their area into polling districts for the purposes of parliamentary elections and to designate polling places for these polling districts, and to keep these under review.

3. POLLING DISTRICTS, POLLING PLACES AND POLLING STATIONS

3.1 Definition of terms:-

Polling District: the area created by the division of a constituency, ward or division into smaller parts, within which a polling place can be determined which is convenient to electors Polling Place: the building or area in which polling stations will be selected by the Returning Officer Polling Station: the room or building where the poll takes place chosen by the Returning Officer

3.2 Polling districts must lie wholly within a community council’s area. There can be more than one polling district within a community if otherwise the district would be too large to provide ease of access (e.g. for geographical reasons) or for administrative purposes in terms of the number of electors in the district.

3.3 A polling place must be identified for each polling district and, unless there is no suitable location within the polling district, must lie within the polling district.

3.4 It is the responsibility of the Returning Officer to an election to designate polling stations. It should be noted that it is occasionally necessary to change the polling place and polling stations as a consequence of late changes in availability of a building.

3.5 It should be noted that as so far as is reasonable and practicable the authority must designate places that are accessible to electors with disabilities. However, the authority must consider the needs of all electors and should not designate a place that it is so far away from most electors in the polling district as to be inconvenient for them to reach it.

3.6 The polling place for any polling district must, except in special circumstances, be in the area of that district. A polling place may be designated outside the polling district in special circumstances, for example if there are no suitable buildings within the district.

4. THE REVIEW PROCESS

4.1 Preliminary Stage – the first stage of the review process involved giving public notice of the review and sending copies of the notice to potentially interested parties such as councillors, disability groups, town and community councils, political parties and other stakeholders. The review commenced on 3 September and the period of consultation ended on 26 October.

4.2 Proposal Stage – during this stage the Returning Officer had to prepare a report on the new polling district and polling place arrangements. However there was no requirement to change any existing arrangements. The Returning Officer’s report had to focus on the suitability of the existing and proposed polling stations in relation to:-

• Access for all electors including those with any disability • Facilities for the required staff, tables and booths and notices

4.3 Consultation Stage – this stage is for representations and comments on the local authority proposals for polling districts and places. As part of the consultation process the Acting Returning Officers for the Parliamentary Constituencies of Clwyd South and Clwyd West were consulted and raised no objections to the proposals.

5. CONCLUSION OF REVIEW

5.1 The Council must produce final proposals for the new polling districts and places having taken into account all of the representations made. The final proposals are detailed in Appendix 1 to the report. A summary of the representations is detailed in Appendix 2 to the report together with the suggested response to those representations.

5.2 Although there has not been an overwhelming response to the formal consultation process a number of issues in relation to the location of polling places have been raised and addressed in the appendix to this report. So far as polling district boundaries are concerned these need to be kept under review, particularly in those areas where there is significant housing development.

6. POWER TO MAKE THE DECISION

Section 18C(1) of the Representation of the People Act 1983, as inserted by the Electoral Administration Act 2006.

7. COST IMPLICATIONS

7.1 There are no costs arising from the review other than staff time.

8. FINANCIAL CONTROLLER STATEMENT

8.1 There are no obvious significant financial implications resulting from this matter.

9. CONSULTATION CARRIED OUT

9.1 County Councillors, Town and Community Councils, Disability Groups, Returning Officers from Clwyd South and Clwyd West, Local AM’s and MP’s and Constituency Political Parties. The authority gave an eight week period for responses to be received; this was twice the period given by most authorities for the review. Responses received by the close of the public consultation on Friday 26 October 2007 are summarised in appendix 2. A further response was received by the Vale of Clwyd Constituency Labour Party on Wednesday 31 October 2007, and therefore cannot be considered as it was received after the consultation period had ended.

10. IMPLICATIONS ON OTHER POLICY AREAS

The Vision

10.1 There are no direct implications for the Council’s vision

Other policy areas including corporate

10.2 The provision of adequate polling districts, polling places and polling stations is vitally important for residents of Denbighshire to engage in the democratic process.

11. ACTION PLAN

Action Responsibility Date

Agree Final Proposals County Council 20 November Publish Final Proposals Returning Officer As soon as possible after 20 November 2007 Arrangements to come into Electoral Registration Officer 1st December force when the next revised Register of Electors is published

12. RECOMMENDATION

That County Council agrees the final proposals for polling districts and polling places as detailed in Appendix 1 to the report.

APPENDIX 1

Polling District Reference : BA Polling Place : The Scout Hut, Denbigh Street, Henllan Electorate 683 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Henllan Upper Denbigh / Henllan Vale of Clwyd Comments Relatively flat access from street, with nearby on-street car parking. Adjacent to village shop/Post Office.

Polling District Reference : BB Polling Place : Seion Centre, Henllan Street, Denbigh Electorate 1830 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Denbigh (Upper) Upper Denbigh / Henllan Vale of Clwyd Comments Ramped access into community centre, well lit room. Centrally located in an established community facility. On street parking available outside.

Polling District Reference : BC Polling Place : Eirianfa, Factory Place, Denbigh Electorate 1354 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Denbigh (Central) Denbigh Central Vale of Clwyd Comments Level access from pavement into building, located in an established community facility. Excellent parking facilities available in Factory Ward Car Park [Opposite] and Barkers Well Multi Storey Car Park [Adjacent]

Polling District Reference : BDA Polling Place : Denbigh High School, Ruthin Road, Denbigh Electorate 1846 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Denbigh [Lower] Denbigh Lower Vale of Clwyd Comments The polling station is located in a school classroom on Clwyd Avenue. The classroom has a concrete ramp up to the entrance door. Adequate parking available outside in the Denbigh Leisure Centre Car Park.

APPENDIX 1

Polling District Reference : BDB Polling Place : Ysgol Frongoch, Rhyl Road, Denbigh Electorate 1591 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Denbigh [Lower] Denbigh Lower Vale of Clwyd Comments The polling station is located within the School Hall. There is a small lip in the entrance door which cannot easily be remedied with a ramp as it would require a ramp both inside and outside the hall. However, this did not present any significant problems at the Welsh Assembly Elections in May 2007. Adequate parking available in school car park off Rhyl Road.

Polling District Reference : BE Polling Place : Waen Chapel Vestry, Waen, Aberwheeler Electorate 278 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Aberwheeler Llandyrnog Vale of Clwyd Comments This is the only venue available within the Community to place a polling station. Although the width of the entrance door may pose problems to some wheelchair users, the Returning Officer has not received any complaints regarding this polling station. On street parking available outside.

Polling District Reference : BF Polling Place : The Cocoa Rooms, Llandyrnog Electorate 806 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llandyrnog Llandyrnog Vale of Clwyd Comments Ramped access into polling station in a central position in the village. On street parking available nearby.

Polling District Reference : BG Polling Place : Ysgol Rhewl, Rhewl, Ruthin Electorate 566 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanynys Llandyrnog Vale of Clwyd Comments Level access into the school from playground. On street parking available nearby. Located in the village. Polling District Reference : BH Polling Place : Neuadd Owen, Cefn Meiriadog APPENDIX 1

Electorate 328 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Cefn Meiriadog Trefnant Vale of Clwyd Comments Ramped access is available here after the purchase of a temporary ramp. Well lit hall with adequate off road parking outside.

Polling District Reference : BI Polling Place : Village Hall, Trefnant Electorate 1188 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Trefnant Trefnant Vale of Clwyd Comments Ramped Access available. Well lit hall with adequate parking available in the Car Park outside.

Polling District Reference : BJ Polling Place : Ysgol Bodfari, Bodfari, Denbigh Electorate 278 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Bodfari Tremeirchion Vale of Clwyd Comments Re-Located from a classroom within the school to the main school hall for the 2007 Assembly Elections, level access with adequate parking nearby

Polling District Reference : BKA Polling Place : The Old School, Tremeirchion Electorate 386 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency TCW [Tremerichion] Tremeirchion Vale of Clwyd Comments Ramped access available through portable ramp purchased for this premises. Centrally located premises located adjacent to the Village Church and the Salisbury Arms. Adequate parking available outside on the road or at the Salisbury Arms Car Park.

APPENDIX 1

Polling District Reference : BKB Polling Place : The Smithy Arms, Rhuallt Electorate 152 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency TCW [Tremerichion] Tremeirchion Vale of Clwyd Comments The polling station was relocated to these premises in early 2007 due to the closure of the Rhuallt Inclusion Centre. These premises offer good access arrangements, parking facilities and movement within the station. Adequate parking available in the car park and ramped access into premises.

Polling District Reference : BKC Polling Place : The Old School, Cwm Electorate 279 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency TCW [Cwm] Tremeirchion Vale of Clwyd Comments Located at the only community facility within the Community Ward. Access is via a portable ramp, with limited off road parking facilities.

Polling District Reference : BKD Polling Place : The Parish Hall, Waengoleugoed Electorate 179 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency TCW [Waen] Tremeirchion Vale of Clwyd Comments Located within the only community facility within the Community Ward. Access is via a portable ramp, with adequate off road parking facilities. Centrally located within the Community Ward.

Polling District Reference : BLA Polling Place : The Dean’s Library, Upper Denbigh Road, St Asaph Electorate 1373 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency St Asaph [East] St Asaph East Vale of Clwyd Comments Ample parking located opposite at the St Asaph Cathedral Car Park. Access for disabled people is via a stair lift up to the 1st Floor Room which is used as a polling station

APPENDIX 1

Polling District Reference : BLB Polling Place : Ysgol Esgob Morgan, Ffordd Siarl, St Asaph Electorate 1327 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency St Asaph [West] St Asaph West Vale of Clwyd Comments The polling station was moved here in 2005 due to the closure of St Winifreds R.C School. Ample off road parking within the school grounds along with level access from outside into the School Hall.

Polling District Reference : BM Polling Place : The Community Centre, Ty Fry Lane, Bodelwyddan Electorate 1583 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Bodelwyddan Bodelwyddan Vale of Clwyd Comments Located within the Community centre which is centrally placed within the Community. Ample off road parking around the centre along with level access from the car park into the Community Centre.

Polling District Reference : BN Polling Place : The Community Centre, Parliament Street, Rhuddlan Electorate 2922 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhuddlan Rhuddlan Vale of Clwyd Comments Access to the building is direct from the street with no ramps or stairs, polling station located within well lit room. Ample parking facilities with on street parking outside and a car park opposite.

Polling District Reference : BO Polling Place : Patterson Hall, High Street, Dyserth Electorate 1930 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Dyserth Dyserth Vale of Clwyd Comments Centrally located just off Dyserth High Street, limited parking available within the Church curtilage with ramped access.

APPENDIX 1

Polling District Reference : BPA Polling Place : The Calvary Church, 200 Victoria Road, Prestatyn Electorate 1782 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [North] Prestatyn North Vale of Clwyd Comments Ramped access from car park, located just off Victoria Road – ample parking available within the Church curtilage. The location of the polling station on the North Side of Victoria Road alleviates the need for electors to cross the busy Coast Road in order to vote.

Polling District Reference : BPB Polling Place : Jubilee Community Centre, Seabank Drive, Prestatyn Electorate 1502 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [North] Prestatyn North Vale of Clwyd Comments Ramped Access from car park, Adequate car parking facilities. Polling Station is located in the right hand room of the community centre. The Polling Station for BPC is located in the other room within the centre.

Polling District Reference : BPC Polling Place : Jubilee Community Centre, Seabank Drive, Prestatyn Electorate 1420 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [North West] Prestatyn North Vale of Clwyd Comments The Polling Station was moved here in 2007 from the Ffrith Beach Pavilion due to uncertainty of the long term availability of the Pavilion whilst a new lease was being negotiated. Although this location is outside the Community Ward of Prestatyn [North West] the site was chosen as there are no public or private buildings within the Community Ward which could be used. The polling station is located in the left hand room when entering the centre. It was noted after the election that using two separate rooms within the same building worked well on election day and that turnout was not affected by the new location.

APPENDIX 1

Polling District Reference : BPD Polling Place : Deva Evangelical Church, Ffordd Pantycelyn, Prestatyn Electorate 2761 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [South West] Prestatyn [South West] Vale of Clwyd Comments Ramped access and wide doorways within the building make this venue an ideal location for the polling station. Ample parking contained within the church car park. Centrally located off Ffordd Penrhwylfa.

Polling District Reference : BPE Polling Place : Neuadd Y Brenin - Kings Hall, Kings Ave, Prestatyn Electorate 1098 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [Central] Prestatyn Central Vale of Clwyd Comments Ramped access with wide doorways into the main hall. Recently refurbished with off road parking facilities.

Polling District Reference : BPF Polling Place : Prestatyn Sports Centre, Princes Ave, Prestatyn Electorate 1656 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [Central] Prestatyn Central Vale of Clwyd Comments The polling station is located within the Sports Hall thus there is ample room within the polling station. Access is via a concrete ramped area into the main leisure centre reception. Ample parking within the leisure centre car park.

Polling District Reference : BPG Polling Place : Caradoc House Community Centre, Caradoc Road, Prestatyn Electorate 1051 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [East] Prestatyn East Vale of Clwyd Comments This polling district encompasses the area north of the main railway line within Prestatyn [East]. Parking is available outside on the roadside. Level access into building with no steps.

APPENDIX 1

Polling District Reference : BPH Polling Place : Prestatyn Parish Church Hall, High Street, Prestatyn Electorate 2112 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [East] Prestatyn East Vale of Clwyd Comments Access from the High Street is via the small roadway between Ty Nant Council Offices and The Vicarage. Level access into well lit hall. Parking available in car park which is adjacent to the hall.

Polling District Reference : BPI Polling Place : Community Centre, Ffordd Talargoch, Meliden Electorate 1558 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Prestatyn [Meliden] Meliden Vale of Clwyd Comments Ramped access into the building into a well lit hall. Parking available on Ffordd Talargoch nearby and in the car park.

Polling District Reference : BRA Polling Place : Ysgol Dewi Sant, Rhuddlan Road, Rhyl Electorate 3069 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [South] Rhyl South Vale of Clwyd Comments Located within the school hall. Adequate parking available at the front of the school. Access into the hall is via a large porch. A separate entrance for disabled people is available at the side of the hall via the emergency exit. This is the only public building within the Community Ward and there are no other community facilities within the ward that could be utilized.

APPENDIX 1

Polling District Reference : BRB Polling Place : Rhyl Youth Centre, Rhyl High School, Grange Road, Rhyl Electorate 3404 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [South East] Rhyl South East Vale of Clwyd Comments This polling station was used for the first time at the Welsh Assembly Elections in May 2007. Offers excellent access for disabled people. Ample car parking available outside in the Leisure Centre Car Park. This will become the polling station for the new Ty Newydd Community Ward from May 2008.

Polling District Reference : BRC Polling Place : Ysgol Llewelyn, Trellewelyn Road, Rhyl Electorate 2588 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [South East] Rhyl South East Vale of Clwyd Comments Located within the school hall, ramped access from the outside with ample parking in the school car park. This will become the polling station for the new Trellewelyn Community Ward from May 2008.

Polling District Reference : BRD Polling Place : The Botanical Gardens Café, Grange Road, Rhyl Electorate 1276 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [South Central] Rhyl South West Vale of Clwyd Comments Level access through porch into polling station with off road parking available outside.

Polling District Reference : BRE Polling Place : Fforddlas Community Centre, Fforddlas, Rhyl Electorate 2293 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [South West] Rhyl South West Vale of Clwyd Comments Level access into main hall where polling station is located. Ample parking available outside in Car Park and also on- street park available outside.

APPENDIX 1

Polling District Reference : BRF Polling Place : United Reformed Church, Tynewydd Road, Rhyl Electorate 1587 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [East] Rhyl East Vale of Clwyd Comments Located within well lit hall. Access is level into building then via a temporary ramp into the hall. Good parking facilities outside within church car park.

Polling District Reference : BRG Polling Place : The Community Rooms, Maes Emlyn, Rhyl Electorate 2141 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [East Central] Rhyl East Vale of Clwyd Comments Located on the ground floor of the housing complex. Access is level into the building from street level. Parking spaces located just outside building.

Polling District Reference : BRH Polling Place : Foryd Room, Wellington Centre, Wellington Rd, Rhyl Electorate 1814 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [West] Rhyl West Vale of Clwyd Comments Located on the ground floor of the centre with access from the street via stairs and ramp into the centre. Parking available on Wellington Road.

Polling District Reference : BRI Polling Place : St Thomas’s Church Hall, Russell Road, Rhyl Electorate 1577 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Rhyl [West Central] Rhyl West Vale of Clwyd Comments Located within the grounds of St Thomas’s Church, level access from both Russell Road and Clwyd Street. On street parking available in Clwyd Street and Paradise Street.

APPENDIX 1

Polling District Reference : CAA Polling Place : Awelon Centre, School Road, Ruthin Electorate 2783 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Ruthin Ruthin Clwyd West Comments Level access into polling station, well lit room with off road parking available outside.

Polling District Reference : CAB Polling Place : Bethania Chapel Vestry, Mwrog Street, Ruthin Electorate 1449 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Ruthin Ruthin Clwyd West Comments Access via temporary ramp into chapel vestry, ample room inside the vestry with on-street parking available outside.

Polling District Reference : CB Polling Place : Church Hall, Clocaenog Electorate 194 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Clocaenog Efenechtyd Clwyd West Comments Level access via wide double doors into the hall, parking available outside within curtilage of hall.

Polling District Reference : CCA Polling Place : Canolfan Cae Cymro, Clawddnewydd, Ruthin Electorate Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Derwen Efenechtyd Clwyd West Comments Purpose built community centre with excellent access for disabled people, ample parking within the centre curtilage. Polling Station located in large well lit hall, adjacent to the community shop and post office.

APPENDIX 1

Polling District Reference : CCB Polling Place : Chapel Vestry, Derwen, Corwen Electorate 116 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Derwen Efenechtyd Clwyd West Comments Located within the only community facility within the village of Derwen.

Polling District Reference : CD Polling Place : Village Hall, Pwllglas Electorate 493 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Efenechtyd Efenechtyd Clwyd West Comments Located within the main hall, ramped access into well lit hall. Ample parking within the hall car park

Polling District Reference : CE Polling Place : Canolfan Gymuned Melin Y Wig, Melin Y Wig, Corwen Electorate 251 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Betws Gwerfil Goch Efenechtyd Clwyd West Comments Level access from the car park into the community centre. Parking available outside and on the road.

Polling District Reference : CF Polling Place : Ysgol Cyffylliog, Cyffylliog, Ruthin Electorate 396 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Cyffylliog Llanrhaeadr Yng Nghinmeirch Clwyd West Comments Ramped access into the building along with ample roadside parking.

APPENDIX 1

Polling District Reference : CGA Polling Place : Canolfan Addysg Bro Cinmeirch, Llanrhaedr Yng Nginmeirch Electorate 525 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanrhaeadr Yng Nghinmeirch Llanrhaeadr Yng Nghinmeirch Clwyd West Comments The polling station is located in the smaller nursery classroom on the right hand side of the building. Level access into the building along with car parking spaces adjacent. One of two polling stations within the Community. This polling district consists of the villages of Llanrhaeadr and Pentre Llanrhaeadr.

Polling District Reference : CGB Polling Place : Ysgol Pant Pastynog, Prion, Denbigh Electorate 337 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanrhaeadr Yng Nghinmeirch Llanrhaeadr Yng Nghinmeirch Clwyd West Comments Level access from playground into the school. Ample parking on the roadside outside. This polling station is the second polling station within the Community. This polling district consists of the villages of Prion, Peniel & Saron.

Polling District Reference : CH Polling Place : Church House, Nantglyn, Denbigh Electorate 266 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Nantglyn Llanrhaeadr Yng Nghinmeirch Clwyd West Comments Centrally located in the middle of the village, Ramped Access through double doors into well lit hall. Roadside parking available outside.

Polling District Reference : CI Polling Place : Community Centre, Llanbedr Dyffryn Clwyd, Ruthin Electorate 687 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanbedr Dyffryn Clwyd Llanbedr Dyffryn Clwyd / Llangynhafal Clwyd West Comments Ramped access into centre with ample parking outside.

APPENDIX 1

Polling District Reference : CJ Polling Place : Gellifor Chapel Vestry, Gellifor, Ruthin Electorate Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llangynhafal Llanbedr Dyffryn Clwyd / Llangynhafal Clwyd West Comments Ramped access into chapel vestry along with roadside parking.

Polling District Reference : CKA Polling Place : St Davids Centre, Erryrys, Mold Electorate 213 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanarmon Yn Ial Llanarmon Yn Ial / Llandegla Clwyd West Comments One of two polling stations within the Community. Level access into the polling station. Parking available outside on the road.

Polling District Reference : CKB Polling Place : The Raven Inn, Llanarmon Yn Ial, Mold Electorate 692 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanarmon Yn Ial Llanarmon Yn Ial / Llandegla Clwyd West Comments The polling station is located within the dining room of the Raven Inn. Flat level access into the premises. Parking available outside. Centrally located within the village.

Polling District Reference : CL Polling Place : Community Centre, Llanferres, Mold Electorate 593 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanferres Llanarmon Yn Ial / Llandegla Clwyd West Comments Ramped access into the polling station, ample parking available outside. Centrally located in the village.

APPENDIX 1

Polling District Reference : CM Polling Place : Memorial Hall, Llandegla, Wrexham Electorate 436 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llandegla Llanarmon Yn Ial / Llandegla Clwyd West Comments Ramped access into the polling station, ample parking available outside. Centrally located in the village.

Polling District Reference : CNA Polling Place : Neuadd Eleanor, Llanfair Dyffryn Clwyd, Ruthin Electorate 465 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanfair Dyffryn Clwyd Llanfair Dyffryn Clwyd / Gwyddelwern Clwyd West Comments Ramped access up to hall, ample parking within curtilage of hall. One of two polling stations within the Community, this polling station consists of the polling district covering the village of Llanfair Dyffryn Clwyd.

Polling District Reference : CNB Polling Place : Bethel Chapel Vestry, Pentrecelyn, Ruthin Electorate 415 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanfair Dyffryn Clwyd Llanfair Dyffryn Clwyd / Gwyddelwern Clwyd West Comments Level access into the building with roadside parking available outside. One of two polling stations within the Community, this polling station consists of the polling district covering the villages of Graigfechan & Pentrecelyn along with Llysfasi College.

Polling District Reference : CO Polling Place : The Village Hall, Llanelidan Electorate 249 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llanelidan Llanfair Dyffryn Clwyd / Gwyddelwern Clwyd West Comments Separate entrance for disabled people with ramped access, parking available outside the hall and also along the roadside.

APPENDIX 1

Polling District Reference : CP Polling Place : Parish Rooms, Bryneglwys, Corwen. Electorate 280 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Bryneglwys Llanfair Dyffryn Clwyd / Gwyddelwern Clwyd West Comments Ramped access into the premises with roadside parking available outside.

Polling District Reference : CQ Polling Place : Canolfan Bro Elwern, Gwyddelwern, Corwen Electorate 407 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Gwyddelwern Llanfair Dyffryn Clwyd / Gwyddelwern Clwyd West Comments Level access from Car Park into building, ample car parking facilities outside.

Polling District Reference : CR Polling Place : The Council Chamber, The Town Hall, Parade Street, Llangollen Electorate 2900 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llangollen Llangollen Clwyd South Comments Located within the ground floor Council Chamber, level access from the pavement. Parking is available nearby on the roadside or at nearby East Street car park. It is centrally located within the town. It is proposed to retain one polling station at present but that the next review in 2011 that the authority should consider creating two equal polling districts and stations located within the town centre to accommodate the expanding electorate within the Community.

Polling District Reference : CS Polling Place : The Conquering Hero Community Centre, Rhewl, Llangollen Electorate 343 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llantysilio Llangollen Clwyd South Comments Level access into property from roadway with roadside parking outside.

APPENDIX 1

Polling District Reference : CTA Polling Place : Canolfan Blas ar Fyw, London Road, Corwen Electorate 1235 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Corwen [Upper] Corwen Clwyd South Comments Level Access from the pavement into the property. Parking available on the road outside or at Corwen Pavilion Car Park .

Polling District Reference : CTB Polling Place : The Community Centre, Carrog Electorate 309 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Corwen [Lower] Corwen Clwyd South Comments Ramped access into the premises along with adequate car parking outside.

Polling District Reference : CTC Polling Place : Owain Glyndwr Memorial Hall, Glyndyfrdwy, Corwen Electorate 325 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Corwen [Lower] Corwen Clwyd South Comments Ramped access into hall with parking spaces at the side of the building.

Polling District Reference : CU Polling Place :Ysgol Isaf, Cynwyd, Corwen Electorate 478 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Cynwyd Llandrillo Clwyd South Comments Ramped access into premises with parking available outside the premises.

APPENDIX 1

Polling District Reference : CV Polling Place : The Community Centre, Llandrillo, Corwen Electorate 485 Community / Community Ward County Electoral Division Assembly / Parliamentary Constituency Llandrillo Llandrillo Clwyd South Comments Centrally located within the village, level access and car parking available outside.

SUMMARY OF REPRESENTATIONS RECEIVED REGARDING APPENDIX 2 THE REVIEW OF POLLING DISTRICTS AND POLLING PLACES

NAME POLLING DISTRICTS / PROPOSAL / COMMENTS SUGGESTED RESPONSE POLLING PLACE Tremeirchion, Cwm and Waen Tremeirchion, Cwm and Accept existing arrangements - Community Council Waen

Llanrhaeadr Yng Nghinmeirch Llanrhaeadr Provide disabled ramps at Ysgol Ramp has been provided and is at Ysgol Pant Community Council Prion Pant Pastynog, Prion Pastynog.

Efenechtyd Community Council Pwllglas Accept existing arrangements -

Llangollen Town Council Llangollen Suggest use of Community The proposal from the Town Council is to create Centre on the Pengwern Estate a new polling district for all properties east of as an additional polling station in Brook Street with a new polling station at the Llangollen Pengwern Community Centre. After a site visit we do not believe that the proposed site will be of benefit to the electors of Birch Hill, Maesmawr Road and all properties along the A5 to the east. The gradient along Brook Street up to Maes Pengwern would not be suitable for the infirm and elderly compared with the flat gradient along Regent Street & Castle Street to the current polling station at Llangollen Town Hall. The authority is in favour of a second polling station for the town as the developments at Upper & Lower Dee Mill, Cwrt Glan Y Gamlas and Bryn Derwen will increase the electorate over the next few years. However the geography of Llangollen restricts level access to properties within the town centre. It is proposed that at the next review of polling places in 2011 consideration should be given to creating two equal polling districts in electorate with two stations in the town centre. Llanelidan Community Council Llanelidan Accept existing arrangements - Llantysilio Community Council Llantysilio Accept existing arrangements -

Ruthin Town Council Ruthin Accept existing arrangements -

Councillor Rhiannon Hughes Meliden Accept existing arrangements -

Derwen Community Council Clawddnewydd Accept existing arrangements - Derwen

Clocaenog Community Council Clocaenog Accept existing arrangements -

Bodfari Community Council Bodfari Accept existing arrangements -

Iwan Davies, Returning Officer, Clwyd Polling Districts - Accept existing arrangements - West Parliamentary Constituency Clwyd West

Isobel Garner, Returning Officer, Clwyd Polling Districts - Accept existing arrangements - South Parliamentary Constituency Clwyd South

Llanynys Community Council Llanynys Accept existing arrangements -

Cyffylliog Community Council Cyffylliog Accept existing arrangements -

Denbigh Town Council Denbigh Upper, Central Accept existing arrangements - and Lower

Councillor N J Hughes Denbigh Lower Accept existing arrangements -

Councillors M A German, I M German Prestatyn North West Suggest use of Festival Garden Jubilee Community Centre, Seabank Drive, and D Cooper Restaurant or Salford Camp as a Prestatyn which is located in the Prestatyn North polling station in this ward Ward is used as a polling station for this ward as there are no alternative premises available within the ward. The Festival Gardens site is no longer available for use as a polling station due to the new lease arrangements. The access to the Salford Camp down an unmade and unlit track is not suitable to electors. The Jubilee Community Centre was used for the first time by electors in the North West Ward during the 2007 Welsh Assembly Elections without any complaints. The turnout at the May 2007 elections for the North West Ward was higher than the turnout for the North Ward. Although physically outside the community ward it is seen as a community facility for the North West Ward. It is proposed to keep the existing arrangements for the North West Ward due to no viable alternative arrangements.

Councillors M A German, I M German Prestatyn North Suggest use of the Beach Club, Calvary Church, Victoria Road is used as a and D Cooper Bastion Road or Bastion Hall, polling station for this part of the North ward [for Bastion Road to accommodate electors north of the coast road] - no complaints needs of elderly voters on the have been received from voters on its usage. extremity of this ward Bastion Hall was previously used as a polling station but was discontinued due to the condition of the premises. Both suggested alternative places are located on the extremity of the ward. Since the development of the Tower Gardens site the polling district has increased by 650 electors and the authority is of the opinion that the Calvary Church is centrally located and is the best location to be utilised as a polling station due to its location, parking, disabled access and condition. Mr W S Tomlinson, 26 Victoria Avenue Prestatyn Central Accept existing arrangements - Prestatyn Neuadd Y Brenin Kings Hall

AGENDA ITEM NO: 14 REPORT TO: COUNTY COUNCIL

REPORT BY: COUNTY CLERK

DATE: 20TH NOVEMBER 2007

SUBJECT: EMPLOYMENT OF CHILDREN BYELAW – DENBIGHSHIRE COUNTY COUNCIL

1 DECISION SOUGHT

1. Council to approve for sealing the Byelaw in appendix 1;

2. To note that the Byelaw will be forwarded to the Welsh Assembly Government for confirmation subject to the receipt of any comments or objections made during the period of public notice.

2 REASON FOR SEEKING DECISION

In October 2006 the Welsh Assembly Government advised that the power to confirm byelaws under section 27(1) of the Children and Young Persons Act 1933 has now been transferred to the National Assembly for Wales. The matter of producing and confirming byelaws in respect of the Employment of Children has been on-going since 2000 when further regulations were made and the matter was subject to further review.

The main issue under review was whether it was appropriate for children to be issued with employment permits and to carry those with them so as to be able, if required, to produce the permit to an authorised officer of the authority or a police office. This raised child protection concerns, particularly if an employed child held a work permit with their details on it; an unauthorised person could gain access to the child’s details. As a result WAG produced Model Byelaws for each Authority in Wales to adopt subject to some local amendments / differences. The version produced attached to this report includes the amended wording to deal with any child protection issues and deals with issues in relation to Denbighshire.

The Byelaws revokes the current byelaws of Denbighshire (1936), Flintshire (1936) and Meirioneth (1948) to the extent that they applied in Denbighshire and prohibits all children under the age of 13 to be employed in any work. Children under the age of 14 can only participate in certain work activities as listed in Byelaw no. 5. No child of compulsory school age can become employed in the occupations listed in Byelaw 3.

The legislation that underpins these Byelaws is the Children and Young Persons Act 1933 (as amended). This Act provides further information in terms of the hours that children may work. In essence, a child may not work for more than 12 hours in any week in which he is required to attend school or for more than two hours on a Sunday. A child under 15 years of age may work 5 hours on a day on which he

Page 1 of 4 is not required to attend school and is not a Sunday, or if over 15 years of age, 8 hours. During the school holidays, a child under the age of 15 may work for no more than 25 hours per week and if over 15 years of age, this is increased to 35 hours. No child may work for more than 4 hours without a rest break of one hour.

Byelaw no. 8 – 15 requires employer of the child to advise the Authority that he has employed a child and request an employment permit that the employer must keep securely ready for production if required. No child may continue to be employed unless an employment permit is issued. The penalty for contravening this Bye-law is that the employer or any other person causing the contravention of the byelaw may be liable on a summary conviction to a fine not exceeding £1000.

Byelaws no. 16 - 20 deals with provisions in relation to street trading as is required under section 20 of the above Act. Children who are street trading will still be subject to the hours of employment as provided earlier in this report by virtue of being employed.

It is understood that once the Bye-law is approved and confirmed by the National Assembly for Wales, it will be the Education Social Work team who will undertake to carry out checks on child employment within the county. This will inevitably have an impact on current resources as an additional element of the work to be undertaken.

3 POWER TO MAKE THE DECISION

Section 18(2) of the Children and Young Persons Act 1933

4 COST IMPLICATIONS

The costs for advertising and giving notice of the intention to confirm the Byelaw will need to be considered. Such advertising shall take place in local newspapers.

A significant increase is anticipated in the number of permit applications following visits to employers by the ESW team, from the current 200 to an estimated 4 or 5,000. There is currently no capacity to absorb these additional administrative duties within existing workloads and therefore a pressure has been included in the Lifelong Learning budget papers to recruit an administrative officer. Other costs, for example printing, can be met from within existing budgets.

The work of enforcing the byelaws will fall on the Education Social Work team. It is understood that this work can be accommodated within the existing team.

5 FINANCIAL CONTROLLER STATEMENT

The issue of funding additional staffing capacity for this function will be considered at the 2nd round of directorate budget meetings later this month. Following the announcement of the Assembly budget it is likely that the Council's funding

Page 2 of 4 settlement from WAG will be extremely tight. Most pressures will need to be absorbed within service base budgets with only a small level of additional funding available overall.

6 CONSULTATION CARRIED OUT

Relevant staff in the Lifelong Learning directorate have been consulted on the Byelaws. In addition Directors and senior officers dealing with health and safety and licensing have been consulted. All comments received have been incorporated within the Byelaws as they are now drafted.

The Byelaws were considered by the Lifelong Learning Scrutiny Committee on the 19th September 2007. All comments made at the meeting have been considered and acted upon as appropriate.

A copy of the Byelaws has also been presented to the Denbighshire Local Safeguarding Children Board on the 7th November 2007. The Board noted its contents.

A draft version of the Byelaws has also been approved by lawyers at the Welsh Assembly Government to ensure that it complies with the Model Byelaws provided by WAG.

In accordance with the Local Government Act 1972 and prior to the Byelaws being forwarded to the National Assembly for confirmation, at least one month’s notice of the intention to apply for confirmation shall be given in the local newspaper. The public will then have the opportunity to object to the byelaws.

7 IMPLICATIONS ON OTHER POLICY AREAS:

7.1 THE VISION

The Byelaws supports the principles of the Council’s Vision as well as the Council's overall obligation and agenda to safeguard and promote the welfare of children and young people.

7.2 OTHER POLICY AREAS INCLUDING CORPORATE

Please see above.

8 ACTION PLAN

Action Responsibility Date Seal Byelaw by Authorised County Clerk; Council 27th November 2007 Signatories Chairman Deposit Byelaw at offices to Principal Solicitor (Social 30th November 2007 allow for public inspection. Services and Lifelong Learning)

Page 3 of 4 Forward Byelaw and Principal Solicitor (Social 14th January 2008 notices to WAG for Services and Lifelong confirmation Learning) WAG to confirm the Byelaw. WAG Unknown (anticipated within Byelaw 6-8 weeks) Publicity / Advertise the Lifelong Learning Prior to Byelaws becoming Byelaw operational.

9 RECOMMENDATIONS

1. that Council approve for sealing, the Byelaw in appendix 1;

2. that Council note that the Byelaw will be forwarded to the Welsh Assembly Government for confirmation subject to the receipt of any comments or objections made during the period of public notice.

Page 4 of 4

EMPLOYMENT OF CHILDREN

DENBIGHSHIRE COUNTY COUNCIL

BYELAW

DENBIGHSHIRE COUNTY COUNCIL

BYELAWS

Made......

Coming into Force......

Denbighshire County Council, in exercise of the powers conferred on it by sections 18(2) and 20(2) of the Children and Young Persons Act 19331, hereby makes the following Byelaws:

Citation and commencement

1. These Byelaws may be cited as the Denbighshire County Council Byelaws on the Employment of Children 2007 and shall come into force on...... 2007.

Interpretation and extent

2. In these Byelaws, unless the context otherwise requires:

"the authority" means Denbighshire County Council;

"child" means a person who is not yet over compulsory school age as defined in section 8 (4) of the Education Act 1996;

“Compulsory school age” has the same definition as that in section 8(4) of the Education Act 1996 so that a child continues to be of compulsory school age until the last Friday in June in the school year in which he reaches the age of 16 irrespective of whether or not he is still in full time attendance or on some other form of authorised absences;

"employment" includes assistance in any trade or occupation which is carried on for profit, whether or not payment is received for that assistance;

"light work" means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed:-

(a) is not likely to be harmful to the safety, health or development of children; and

(b) is not such as to be harmful to their attendance at school, their participation in work experience in accordance with Section 560 of the Education Act 1996, or their capacity to benefit from instruction received or, as the case may be, the experience gained.

1 1993c.12

"parent" includes any person who has for the time being parental responsibility for a child within the meaning of section 3 of the Children Act 1989;

“risk assessment” means an assessment carried out in accordance with the requirements of the Management of Health and Safety at Work Regulations 1999 [S1 1999/3248] requiring employers specifically to assess risks to persons under the age of 18 years and to inform parents of children under the age of 16 years of the outcome of such assessments;

"public place" includes any public park, garden, sea beach, or railway station and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;

"street" includes any highway and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;

"street trading" includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe blacking and other like occupations carried on in any street or public place;

"year", except in expressions of age, means a period of twelve months beginning with 1st January.

Prohibited Employment

3. No child of any age may be employed:-

(a) in a cinema, theatre, discotheque, dance hall or night club, except in connection with a performance given entirely by children or in under the provisions of a performance licence2;

(b) to sell or deliver alcohol, except in sealed containers;

(d) to deliver fuel oils;

(e) in a commercial kitchen;

(f) to collect or sort refuse;

(g) in any work which is more than three meters above ground level or, in the case of internal work, more than three meters above floor level;

(h) in employment involving harmful exposure to physical, biological or chemical agents;

2 This does not prevent children taking part in performances under the provisions of a licence granted in accordance with the Children and Young Persons Act 1963, and the associated Regulations.

(i) to collect money or to sell or canvass door to door, except under the supervision of an adult;

(j) in work involving exposure to adult material or in situations which are for this reason otherwise unsuitable for children;

(k) in telephone sales;

(l) in any slaughterhouse or in that part of any butcher's shop or other premises connected with the killing of livestock, butchery, or the preparation of carcasses or meat for sale;

(m) in or in connection with any activity or sport involving firearms (including “paint ball”) unless closely supervised by a responsible adult;

(n) as an attendant or assistant in a fairground or amusement arcade or in any other premises used for the purpose of public amusement by means of automatic machines, games of chance or skill or similar devices;

(o) in the personal care of residents of any residential care home or nursing home unless under the supervision of a responsible adult.

Permitted employment of children aged 14 and over

4. A child aged 14 or over may be employed only in light work.

Permitted employment of children aged 13

5. A child aged 13 may not be employed except in light work in one or more of the following specified categories:

(a) agricultural or horticultural work;

(b) delivery of newspapers, journals and other printed material, and collecting payment for the same, subject to the provisions of byelaw 3(i) and provided the load carried is no more than a maximum of one fifth of his own body weight;

(d) hairdressing salons;

(e) office work;

(f) car washing by hand in a private residential setting;

(g) in a café or restaurant or fast food outlet;

(h) in livery or riding stables; and

(i) domestic work in hotels and other establishments offering accommodation.

Employment before school

6. Subject to the other provisions of these byelaws, children may be employed for up to one hour before the commencement of school hours on any day on which they are required to attend school.

Additional Condition

7. No child may be employed in any work unless wearing suitable clothes and shoes.

Notification of employment and employment permits and child identification photo card

8. Within one week of employing a child, the employer must send to the authority written notification stating:

(a) his own name and address;

(b) the name, address and date of birth of the child;

(c) the hours and days on which the child is to be employed, the occupation in which the child is to be employed, details of the task involved and, if different from (a) above, the place of employment;

(d) a statement of the child's fitness to work, and of approval for the child to be employed, completed by the child's parent;

(e) details of the school at which the child is a registered pupil;

(f) a statement to the effect that an appropriate risk assessment has been carried out by the employer: and

(g) two recent passport type photographs of the child signed on the rear by both the child and the employer

9. Where, on receipt of a notification and the passport type photographs mentioned in 8(g) above, the local authority is satisfied that :

(a) the proposed employment is lawful;

(b) the child's health , welfare or ability to take full advantage of his or her education would not be jeopardised; and

it will issue the employer with an employment permit, which the employer must keep securely at the place of employment and produce for inspection when required to do so by an authorised officer of the authority or a police officer, and will issue to the child an identification photo card which will contain the child’s name and photograph and date of issue.

10. Before issuing an employment permit a local authority may require a child to have a medical examination.

11. The employment permit will state:

(a) the name, address and date of birth of the child;

(b) the hours and days on which the child is to be employed, the occupation in which the child is to be employed, details of the task involved and the place of employment;

12. A child may be employed only in accordance with the details shown on his or her employment permit.

13. A local authority may amend a child's employment permit from time to time on the application of an employer.

14. The local authority may at any time revoke a child's employment permit if it has reasonable grounds to believe:

(a) that the child is being unlawfully employed, or

(b) that his health, welfare or ability to take advantage of his education are suffering or likely to suffer as a result of the employment.

15. A child must produce his employment permit for inspection when required to do so by an authorised officer of the authority or a police officer.

Street Trading

16. No child under the age of 14 may engage in street trading. A child aged 14 or over may not engage in street trading unless:

(a) he is employed to do so by his parent, in connection with the parent’s retail business and under the parent’s direct supervision; and

(b) subject to Denbighshire County Council’s resolution dated 15/07/02 that designated streets require street traders to obtain express consent to trade, he has been granted a licence to do so ("a street trader's licence”) by the authority and is acting in compliance with the terms of that licence.

17. The authority shall not grant a street trader's licence to any child if it has reason to believe that the employment of the child in street trading would be prejudicial to his health, welfare or ability to take full advantage of his education or if the child's street trader's licence has previously been revoked under Byelaw 20 paragraph a) b) or c).

18. Such child may engage or be employed in street trading on weekdays and Saturdays between the hours of 9am and 6pm.

19. A child engaging in street trading shall not:

(a) engage in street trading on a Sunday;

(b) tout or importune to the annoyance or obstruction of any member of the public in any street or public place; and

20. Where a street trader licence’ is required, the authority may suspend or revoke a street trader's licence if it has reason to believe that the holder's continued employment in street trading would be prejudicial to his health, welfare or ability to take full advantage of his education, or if the holder:

(a) is found guilty of any offence connected with street trading;

(b) commits any breach of these Byelaws or the terms of his street trader's licence;

(d) fails to notify the authority within one week of any change of address.

Revocation

21. The Byelaws with respect to the Employment of Children (and Street Trading) made by Denbighshire County Council on the 31st July 1936 and confirmed by the Secretary of State on 5th February 1937, and those made by Flintshire County Council on the 1st May 1936 and confirmed by the Secretary of State on the 20th March 1936 and those made by Meironeth County Council on the 1st September 1948 and confirmed by the Secretary of State on 20th December 1948 to the extent that they apply in the administrative area of the County of Denbighshire, are hereby revoked.

THE COMMON SEAL of Denbighshire County Council was affixed to these Byelaws on...... 200 in the presence of:

Signed

These Byelaws are hereby confirmed by the National Assembly for Wales on ...... 200 and shall come into operation on...... 200

Signed

EXPLANATORY NOTE

(This note is not part of the Byelaws)

These Byelaws regulate the types of occupation in which children under school leaving age may be employed (Byelaws 3-5), and other conditions of their employment. By virtue of The Children (Protection at Work) (No. 2) Regulations 2000, the employment permit shall stipulate that a child must not work for more that twelve hours in any week in which he is required to attend school (Byelaws 9-15). Employers are obliged to notify local authorities of their child employees (Byelaw 10) and for the issue of employment permits (Byelaw 11), setting out the occupation in which a child may be employed and his hours of work. Additional requirements are imposed on the employment of children in street trading, for which a local authority licence is required (Byelaws 16-20).

These Byelaws are not a comprehensive statement of the law relating to the employment of children and should be read in conjunction with other legislation relating to prohibited occupations, hours of work and street trading in particular.

By virtue of section 560 of the Education Act 1996, enactments relating to the prohibition or regulation of the employment of children do not apply to children undertaking work experience within the meaning of the Act. “Enactment” for this purpose includes byelaws having effect under an enactment, so nothing in these Byelaws applies to a child’s work experience.

Prohibited and permitted employment

Children aged 13 are limited to employment in the occupations listed at byelaw 5. Children aged 14 or over are not limited in this way, but may only undertake light work (byelaw 4). Byelaw 3 lists various occupations which are prohibited for children, even if they would constitute light work. Many more occupations or specific tasks are prohibited by other legislations, including:

the Employment of Women, Children and Young Persons Act 1920, which prohibits the employment of children in any “industrial undertaking”, including mines and quarries, manufacturing industry, construction and the transport of passengers or goods by road, rail or inland waterway (section 1(1));

the Agriculture (Safety, Health and Welfare Provisions) Act 1956, under which it is an offence to cause or permit a child to ride on or drive a vehicle, machine or agricultural implement (section 7);

the Offices Shops and Railway Premises Act 1963, which provides that no young person may clean machinery if to do so would expose him to risk of injury (section 18);

the Betting Gaming and Lotteries Act 1963, which prohibits the employment of persons under 18 in effecting any betting transaction or in a licensed betting office (section 21);

the Licensing Act 1964, which prohibits the employment of children in the bar of licensed premises (section 170) and the Licensing (Occasional Permissions) Act 1983, which prohibits any person under 18 from selling or serving alcohol in premises authorised under the Act (paragraph 5(1) of the Schedule);

the Merchant Shipping Act 1970, by virtue of which no person under minimum school leaving age may be employed on ship registered in the UK, except as permitted by Regulations made under the Act (section 51); and

the Manual Handling Operations Regulations 1992, which prohibit children from handling any load which is likely to cause injury to them.

It should be noted that this is not an exhaustive list.

The Children (Performances) Regulations 1968 provided that no child taking part in a performance for which a licence is required by section 37 of the Children and Young Persons Act 1963 may be employed in any other occupation on the day or days of that performance or the following day.

Street Trading

Byelaws 16-20 permit the employment of children by their parents in street trading, provided that, should it be necessary, they have been issued with a licence by the local authority. Children who are street trading will be subject to the Byelaws limiting their hours and other conditions of employment by virtue of being employed.

Street trading is also regulated under section 20 of the Children and Young Persons Act 1993, which provides that no child may engage in street trading unless authorised to do so by local authority Byelaws. Such authorisation may only be given for children aged 14 or over who are employed by their parents. Section 20 also provides that Byelaws shall specify the days and hours during which and the places at which children may engage or be employed in street trading.

Penalties

Section 21 of the Children and Young Persons Act 1993, as amended provides, inter alia, that:

If a person is employed in contravention of Section 18 of the Act, or of the provisions of any Byelaws made thereunder, the employer and any other person (other that the person employed) to whose act or default the contravention is attributed shall be liable on summary conviction to a fine not exceeding level 3 on the Standard Scale (£1,000).

If a person is employed in contravention of section 20 of the Act, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to a fine not exceeding level 3 on the Standard Scale (£1,000); a person under compulsory school age who engages in street trading in contravention of the provisions of section 20, or of any Byelaw made thereunder, shall be liable on summary conviction to a fine not exceeding level 1 on the Standard Scale (£200).

Agenda Item No. 15(1)

Report to: County Council

Report by: Chief Executive and County Clerk

Date: 20 November 2007

Subject: Amendments to the Constitution (1)

1 DECISION SOUGHT

1.1 To approve a proposed amendment to the Constitution to provide guidance to members on voting.

2 REASONS FOR DECISION

2.1 As a result of some confusion that has arisen regarding voting, in particular whether members should be present throughout the consideration of a matter, the County Clerk as the Council’s Monitoring Officer wrote to all members on 24 July 2007 to provide them with guidance. It was also indicated that the possibility of providing clarification in the Constitution would be explored with the Corporate Governance Committee and hence this report.

2.2 The principles of decision making are set out at Article 13 of the Constitution (copy attached as Appendix A) and the provisions relating to voting are set out in Standing Order 14 at Part 4.1 of the Constitution. Standing Order 14.1 states that “Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those members voting and present in the room at the time the question was put”. This reflects the statutory provision in the Local Government Act 1972 Schedule 12, paragraph 39 which provides:-

“All questions coming or arising before a local authority shall be decided by a majority of the members of the authority present and voting thereon at a meeting of the authority”

2.3 The most helpful place to provide clarification would seem to be within Article 13. So as to strengthen the existing principles set out at Article 13.2 it is suggested that there be added at the end of the existing text the following:-

“Whilst the legal position in respect of voting is as set out in Standing Order 14.1 in Part 4 of this Constitution best practice suggests that a decision maker should be present throughout the debate leading to the decision. This is particularly the case in:-

(i) Quasi judicial matters, such as licensing, which involve a hearing where the decision maker has to be present in person throughout to hear all the arguments and representations put forwards.

(ii) Planning matters where the decision maker may only be able to demonstrate that regard has been given to all material considerations and that immaterial considerations have been disregarded by demonstrating his/her presence throughout the debate.

(iii) Appointments - the statutory obligation to appoint staff on merit suggests that, where candidates present themselves for interview, a decision maker is unlikely to weigh fairly the merits of each candidate unless present throughout the process.”

3 POWER TO MAKE THE DECISION

Under Article 15 of the Constitution the duty to monitor and review the Constitution and make proposals to full Council for changes falls to the Corporate Governance Committee.

4 COST AND STAFFING IMPLICATIONS

No immediate costs arise from this report. However, robust decision making procedures minimise the risk of challenge to the Council’s decisions and the consequential expense of defending any proceedings.

5 FINANCIAL CONTROLLER STATEMENT

There are no obvious significant financial implications resulting from this matter.

6 CONSULTATION CARRIED OUT

This report arises from the Corporate Governance Committee’s duty to review and to make proposals for change to Council. Corporate Governance Committee considered the amendment at its meeting on 9 October 2007 and recommended approval.

7 IMPLICATIONS FOR OTHER POLICY AREAS INCLUDING CORPORATE AND THE VISION

Strengthening guidance to members supports members in their democratic role, enhances public confidence in decision making and contributes to the positive vision of the County.

8 RECOMMENDATION

That Council approves the suggested amendment at paragraph 2.3 of this report.

Contact Officer: Ian Hearle, County Clerk e-mail: [email protected] Tel: 01824 712562 APPENDIX A

ARTICLE 13 – DECISION MAKING

13.1 The Monitoring Officer will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions.

13.2 Principles of decision making

All decisions of the Council will be made in accordance with the following principles:

In the general public interest and specifically to guard against the possibility of successful legal challenge to decisions it is necessary to demonstrate:

(a) that all relevant matters were fully taken into account in reaching decisions;

(b) proportionality – that in any decision the action was proportionate to the desired outcome;

(ch) that the decision has taken into account the provisions of the Human Rights Act;

(d) that there has been consultation with and professional advice from all relevant officers;

(dd) that any Councillor concerned considered whether he or she had any declarable interest in the particular item and if necessary made a declaration of interest;

(e) that the current Scheme of Delegation had been complied with;

(f) that the decision was taken in an open and transparent manner;

(ff) that the decision was taken in accordance with the Council’s aims and strategies;

(g) that the decision was properly recorded and published within the appropriate timescale, together with declarations of interest and background papers;

(ng) where appropriate the views of the local member had been sought.

This means that a clear audit trail of decision making must be maintained and kept available for future reference.

The Chief Executive advises members and officers on these issues, ensures that the County Council's decision making processes meet the requirements of the law and of good government and is responsible for the proper implementation of these procedures in consultation with the Monitoring Officer.

13.3 DECISIONS RESERVED TO FULL COUNCIL

Decisions relating to the functions listed in Article 4.1 will be made by the full Council and not delegated.

13.4 Decision Making by the Full Council

Subject to Article 13.8 the Council meeting will follow Standing Orders set out in Part 4 of this Constitution when considering any matter.

13.5 Decision Making by The Cabinet

Subject to Article 13.8 the Cabinet will follow the Cabinet Procedure Rules set out in Part 4 of this Constitution when considering any matter.

13.6 Decision Making by Scrutiny Committees

Scrutiny Committees will follow the Scrutiny Procedure Rules set out in Part 4 of this Constitution when considering any matter.

13.7 Decision Making by Other Committees Established by the Council

Subject to Article 13.8 other Council committees will follow those parts of Standing Orders set out in Part 4 of this Constitution as apply to them.

13.8 Decision Making by Council Bodies Acting as Tribunals

The Council, a Councillor or an officer acting as a tribunal or in a quasi judicial manner or determining/considering (other than for the purposes of giving advice) the rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights.

Agenda Item No.15(2)

Report to: County Council

Report by: Chief Executive and County Clerk

Date: 20 November 2007

Subject: Amendments to the Constitution (2)

1 DECISION SOUGHT

1.1 To approve a recommendation from the Corporate Governance Committee to amend the Constitution by the reinstatement of wording at paragraph 8.2 of the Protocol for Member/Officer Relations.

2 REASONS FOR DECISION

2.1 The Corporate Governance Committee at its meeting of 9 October 2007 considered a notice of motion submitted by Councillor R E Barton and referred to the Committee by full Council.

2.2 Councillor Barton was seeking the reinstatement of the final sentence to paragraph 8.2 of the original version in existence prior to the review of the protocol by Council on 4 April 2006. In revising the protocol Council had agreed to delete the final sentence of paragraph 8.2 which read “Care should be taken that the local member does not first find out about something which is happening in his/her ward from his/her constituents or in the press!”

2.3 In supporting his notice of motion at the Corporate Governance Committee Councillor Barton cited occasions on which he had only been made aware of things happening in his ward by reading the press or being advised by residents.

2.4 The Committee were supportive of the reinstatement of this wording subject to deletion of the exclamation mark at the end of the sentence. In addition, members noted that the first sentence to paragraph 8.2 regarding the role of members had also been deleted and they felt that this sentence should likewise be reinstated so as to read as follows:-

3 POWER TO MAKE THE DECISION

Under Article 15 of the Constitution the duty to monitor and review the Constitution and make proposals to full Council for changes falls to the Corporate Governance Committee.

4 COST AND STAFFING IMPLICATIONS

No immediate costs arise from this report. There may be incidental costs of officer time in contacting members.

5 FINANCIAL CONTROLLER STATEMENT

There are no obvious significant financial implications resulting from this matter.

6 CONSULTATION CARRIED OUT

This report arises from the Corporate Governance Committee’s duty to review and to make proposals for change to Council.

7 IMPLICATIONS FOR OTHER POLICY AREAS INCLUDING CORPORATE AND THE VISION

This amendment emphasises the role of local members and the need for them to be kept informed of constituency matters so that in turn they can better serve their constituents.

8 RECOMMENDATION

That members consider and approve the recommendation of the Corporate Governance Committee to amend paragraph 8.2 of the Protocol for Member/Officer relations as set out at paragraph 2.4 above.

Contact Officer: Ian Hearle, County Clerk e-mail: [email protected] Tel: 01824 712562 Agenda Item No. 15(3)

Report to: County Council

Report by: Chief Executive and County Clerk

Date: 20 November 2007

Subject: Amendments to the Constitution (3)

1 DECISION SOUGHT

1.1 To amend the Constitution so that the Cabinet should comprise a total of nine members as opposed to ten as presently required by the Constitution.

2 REASONS FOR DECISION

2.1 The legislative provisions in respect of the Leader and Cabinet that form the executive arrangements that operate in Denbighshire require a Cabinet comprising a Leader and between two and nine other members. Denbighshire opted for the maximum size of Cabinet and hence Articles 7.2.2 and 7.4.1 of the Constitution require the Leader to appoint nine other members to the Cabinet, one of whom shall be Deputy Leader (extracts from the Constitution are attached as Appendix 1).

2.2 In presenting his policy platform to Council when standing for election the Leader indicated his intention to reduce the Cabinet by one. In determining whether to elect him he asked that members take this proposal into consideration.

2.3 In view of the unanimous election of the Leader it is suggested as follows;-

That Articles 7.2.2 and 7.4.1 of the Constitution be amended by the substitution of the number “8” for the number “9”.

2.4 Alternatively, thought has been given to effecting the change on a temporary basis only for the remaining life of this Council. However, since the new Council may itself wish to review matters such as the size of the Cabinet, the question of political balance and the size and numbers of Scrutiny Committees, a temporary change does not appear to provide any particular benefit and might actually cause confusion for those who are interested in the Council’s constitutional arrangements. The possibility is therefore canvassed for the sake of completeness but is not recommended. It could be achieved by:-

(i) Articles 7.2.2 and 7.4.1 of the Constitution being amended by the addition of the words “save that for the period 6 November 2007 until 5 May 2008 the Leader will appoint 8 other members to the Cabinet.”

(ii) The County Clerk being authorised to delete the additional wording subsequent to the close of nominations for election to the new Council in 2008 so as to enable printing of the Constitution as currently phrased. 3 POWER TO MAKE THE DECISION

Local Government Act 2000 and Article 15.4(a) - Changes to the Constitution requiring approval of full Council.

4 COST AND STAFFING IMPLICATIONS

There will be a saving of one Special Responsibility Allowance and minor incidental savings. Other costs of implementation will be minimal as other amendments of the Constitution are being made at the same time.

5 FINANCIAL CONTROLLER STATEMENT

The saving resulting from downsizing the Cabinet will be a 5 month pro rata reduction of £5,600 on SRA costs for the remainder of 2007/8. This is in addition to the saving from the period when no Cabinet members were in post.

6 CONSULTATION CARRIED OUT

Normally reviews and proposals for amendments pass through Corporate Governance Committee. However this report is brought direct since the Leader indicated his proposal to Council when standing for election.

7 IMPLICATIONS FOR OTHER POLICY AREAS INCLUDING CORPORATE AND THE VISION

The reduction in the Cabinet demonstrates a commitment to provide best value in the Council’s democratic sphere without reducing the effectiveness of the Cabinet.

8 RECOMMENDATION

That the amendments as suggested in paragraph 2.3 be approved.

Contact Officer: Ian Hearle, County Clerk e-mail: [email protected] Tel: 01824 712562

APPENDIX 1(i)

5. To coordinate scrutiny training for Members, in consultation with Personnel.

6. To consider any other issues which will assist Members to perform the scrutiny function effectively.

ARTICLE 7 – THE CABINET

7.1 Role

The Cabinet will carry out all of the Council’s functions which are not the responsibility of any other part of the Council, whether by law or under this Constitution.

7.2 Form and Composition

7.2.1 Subject to paragraph 7.2.3, the Cabinet shall be politically balanced.

7.2.2 The Cabinet will consist of the Leader together with 9 Councillors appointed to the Cabinet by the Leader after consultation with the leaders of the political Groups.

7.2.3 In the event of a political group declining, at the time when the Cabinet is being appointed, to take up any or all of its seats on the Cabinet the Leader may appoint councillors to fill the vacancies following further consultation with the Leaders of the political groups. The rules of political balance will not apply to the filling of such vacancies.

7.2.4 In the event of a political group which is entitled to a seat or seats in the Cabinet in accordance with paragraph 7.2.1 deciding to take up that seat or those seats (having previously decided not to do so), the Leader shall make such changes to the membership of the Cabinet as to ensure, so far as is reasonably possible, compliance with paragraph 7.2.1 above.

7.3 Leader

7.3.1 The Leader will be a Councillor elected to the position of Leader by the Council.

7.3.2 Candidates are to be nominated by 2 other Council Members and, except for the election held in May 2002, signed nominations shall be forwarded to the Chief Executive 7 days prior to the meeting in which a leadership election will take place.

7.3.3 Each candidate will present a policy platform to Council indicating priorities. At the election the nominated persons are asked in alphabetical order to present their proposals and programmes to the Council.

2.7 25.05.04 APPENDIX 1(ii)

(c) Where there is an impasse, e.g. if no one will stand as Leader or a single candidate cannot secure support more than 50% of votes cast, then the interim arrangements as in paragraph 7.3.7(a) would come into effect with an extraordinary Council to elect a Leader being held every 3 weeks until the matter had been resolved.

(ch) Pending the appointment of a new Leader following County Council elections the interim arrangements as set out in paragraph 7.3.7(a) shall come into effect.

7.3.8 In the event of an election of a Leader, but with no persons willing to take up a Cabinet position or pending the appointment of Cabinet Members, all executive functions shall fall to the Leader until two or more Members has agreed to serve in the Cabinet or a motion to dismiss the Leader was passed.

7.4 Other Members of the Cabinet

7.4.1 Following his/her election the Leader will appoint the other 9 members of the Cabinet in accordance with article 7.2 and shall designate one of them as the Deputy Leader.

7.4.2 Only Councillors may be appointed to the Cabinet. There may be no co- optees and no deputies or substitutes for Cabinet members. Neither the Chair nor Vice Chair of the Council may be appointed to the Cabinet, and Members of the Cabinet (including the Leader) may not be members of a Scrutiny Committee or the Corporate Governance Committee.

7.4.3 Each Cabinet Member (including the Leader) will hold a portfolio designated by the Leader as set out in Part 8 of this Constitution. The Leader may alter the portfolios from time to time.

7.4.4 Other Cabinet members shall be Cabinet members until the next ordinary election of councillors unless:-

(a) they resign (which term includes resignation of portfolio) by giving written notice to the Leader;

(b) they are suspended from being Councillors under Part III of the Local Government Act 2000; or

(ch) they are removed from office by the Leader who must give written notice of removal to the member. The removal will take effect immediately.

2.7.2 21.09.04 Agenda Item No. 16

Report to: County Council

Report by: County Clerk

Date: 20 November 2007

Subject: Committee Membership

1 DECISION SOUGHT

1.1 That Council approves any changes to committee membership arising from the new Cabinet and requests Groups to notify the County Clerk of any outstanding appointments at the earliest opportunity.

2 REASONS FOR DECISION

2.1 As a consequence of the appointment of the new Cabinet and the requirement in the Constitution that Cabinet members should sit on neither Scrutiny Committees nor the Corporate Governance Committee and that Corporate Governance Committee members should not sit on Scrutiny Committees, a number of adjustments to membership need to be made.

2.2 As there has been no change in the membership of the Council’s political groups the table for distribution of seats remains unchanged. As the overall number of seats available has changed only minimally i.e. reduced from 119 to 118 and as the current distribution of seats has been arrived at for the benefit of all members, it is suggested that vacancies be filled on a “like for like” basis other than in respect of Corporate Governance. It is suggested that the Corporate Governance vacancy, arising from Councillor Paul Marfleet joining the Cabinet, passes back to the Independent Group as being the Group with the “greatest” entitlement to that seat; this seems preferable to allocating the vacancy to either Councillors Bob Barton or Mark Webster, being the other two members not presently in a political group, since in turn that would require them to surrender a Scrutiny seat which in turn would require a further re-appointment.

2.3 Accordingly, at the date of preparation of this report, the vacancies are as follows:-

Resources Scrutiny Committee - 1 Independent vacancy 1 Plaid Cymru vacancy

Lifelong Learning Scrutiny - 1 Independent vacancy Committee

Social Services & Housing Scrutiny - 1 Independent vacancy Committee 1 Plaid Cymru vacancy

Corporate Governance Committee - 1 Independent vacancy

SACRE - 1 Labour vacancy

2.4 I will report verbally any nominations received prior to this meeting and any received subsequently will be reported to your next meeting so that appointments are approved by Council in accordance with the Local Government Act 1972.

3 RECOMMENDATION

3.2 That Council approves any changes to committee membership arising from the new Cabinet and requests Groups to notify the County Clerk of any outstanding appointments at the earliest opportunity.

Contact Officer: Ian Hearle, County Clerk e-mail: [email protected] Tel: 01824 712562 AGENDA ITEM NO.17

COUNTY COUNCIL FORWARD WORK PROGRAMME

REPORT TITLE AUTHOR

20th November 2007

Public Speaking on Planning Head of Planning and Public Applications Considered by Full Protection and Monitoring Officer Council

Planning Application – Tip Lane, Head of Planning and Public Prestatyn Protection and Monitoring Officer

Planning Application - Land South of Head of Planning and Public Bethesda Chapel, Pentredwr, Protection Llangollen

Planning Application – First Floor, 78 Head of Planning and Public High Street, Rhyl Protection

Local Development Plan – Amount Head of Planning and Public and Distribution of Growth to go to Protection Public Consultation

Adoption of Statement of Licensing Head of Planning and Public Policy (Licensing Act 2003) Protection

Action Plan in response to Estyn Chief Executive Inspection Report

Review of 16 – 19 provision in Rhyl Chief Executive and Acting Director of Education

Denbighshire C.C.’s Performance Corporate Director: Resources against the National Indicators 2006- 07

Review of Polling Districts and Polling Chief Executive and Returning Officer Places

Employment of Children Byelaw – County Clerk Denbighshire County Council

Amendments to the Constitution County Clerk

Committee Membership County Clerk

Capital Plan Corporate Director: Resources

Single Status Head of Personnel

Senior Salary Review Corporate Director: Resources/Head of Personnel

22nd January 2008

Relationship Manager’s Wales Audit Office Annual Letter

Capital Plan Lead Member for Finance and Procurement

Committee Membership County Clerk

Denbighshire’s Children and Young Lead Member for Children, Young People’s Partnership Play Strategy People and Families

12th February 2008

Revenue Budget 2008/09 Lead Member for Finance and to 2010/11 Procurement

Capital Plan Lead Member for Finance and Procurement

Development Health, Social Care Lead Member for Health, Social Care Wellbeing Strategy and Well Being

26th February 2008

Prudential Indicators 2008/09 – Corporate Director: 2010/11 and Treasury Management Resources Strategy 2008/09

Council Tax and Associated Matters Lead Member for Finance and Procurement

Capital Plan Lead Member for Finance and Procurement