CITY AND COUNTY OF DINAS A SIR CAERDYDD

COMMITTEE OF THE COUNCIL 26 February 2001

CABINET PROPOSAL AGENDA ITEM

Review Of Electoral Arrangements - Communities

Background

1. The Council has a duty to keep under review the electoral arrangements for the Communities in its area.

2. The Local Government Boundary Commission for in June 1998 published its final recommendations for the review of Electoral Divisions for Cardiff.

3. In its submission to the Commission (approved under emergency powers in June 1997) this Council had recommended proposals for addressing Electoral Division Boundary anomalies in areas of the City, resulting from housing developments since the previous review. These relate directly to the issues set out in sections (b) to (f) below.

4. The Secretary of State for Wales was of the opinion that the Council should in the first instance review the Boundaries of the anomalous areas. Any revised Community Boundaries would then be used as building blocks for the realignment of the Electoral Division Boundaries. Any such revision would need the final approval of the National Assembly for Wales.

5. Representations have been received from residents of The Drope to transfer their properties from Ely to .

Issues

(a) Review of Local Government Areas

6. The Council is under a duty to keep the whole of its area under review with a view to consider whether to make recommendations to the Welsh Commission. The proposals should be such as may be desirable in the interests of effective and convenient local government. When a review has been carried out a report has to be submitted to the Welsh Commission and the Commission may in turn, make proposals to the National Assembly for Wales, with or without modification. The recommendations can include the creation of new communities, the abolition of communities or the alteration of communities. Where a review is intended the

Page 1 of 6 Council is required to take a number of steps to see that interested parties are aware of what is proposed to be done and must take into account the representations made.

7. Members whose wards are affected by the boundary anomalies have been consulted under delegated powers and this report includes their views.

8. In the following paragraphs the anomalies referred to in the preamble of the report are identified and the electorate affected are identified in the Appendix to the report.

(b) Transfer of Part of Old to

9. Blackbirds Way Area – this lies within the community of St Mellons. The only access to this development is through Countisbury Avenue, which is within the community of Llanrumney. The highway network creates a natural link between the Blackbirds Way area and the community of Llanrumney whilst drawing physical boundary with the community of Old St Mellons. The proposal is this case was that the boundary be amended as shown on the plan (Appendix 2) attached and the area transferred from Old St Mellons to Llanrumney Community.

10. Councillors Phillips and Cubitt have expressed their opposition to the proposed revision to the boundary.

11. Councillor Phillips records in her letter of objection that the principle objections to the change are:

· The area has been located within the boundary of the village of Old St Mellons since its development over 20 years ago and the residents have a strong sense of community. · Many of the residents play an active part in the life of Old St Mellons and one of the residents is a member of the Community Council. · The residents use the park, attend events in and go to church in Old St Mellons. · The proposal had been mooted before and residents understood that the matter would not be raised for a further five years.

12. Councillor Phillips also undertook a survey of the views of residents and as a result 35 letters have been received from residents objecting to any proposal to make boundary changes of the nature outlined above. In addition the Chairman of the Community Council wrote to confirm that the Community Council had resolved to support the views of Councillor Phillips.

13. The proposal to amend the boundary as outlined above would be subject to a consultation process to receive the representations of those affected. The consultation with the local members was not intended to pre-empt or replace that process and was a precursor to a decision as to whether to proceed with the formal review of the boundary. Those who are primarily affected by the proposal are those who have already expressed an objection to the change in the line of the community boundary. The options to the Council are to proceed with the review or to decide to take the matter no further in the light of the apparent integration of the relevant area within the existing community and the general opposition such

Page 2 of 6 that any change might be regarded as being contrary to the effective and convenient local government.

(c) Transfer of Part of North to Whitchurch

14. Coed Arian and Silverbirch Close – this area lies within the community of . The only access to this development is through either College Road or Kenfig Road both of which are within the boundary of Whitchurch. There is no vehicle or pedestrian access from Llandaff North estate. It is proposed that the boundary be amended as shown on the attached plan (Appendix 3) and the area transferred from Llandaff North to Whitchurch Community.

15. Councillors Winston Griffiths and Rose Pearson raised no objection to the proposal and both saw it as a natural part of the Whitchurch ward. Councillor Robinson had no objections to the proposal.

(d) Transfer of Part of to

16. Mill Race Close Area – this is currently within the community of Llanishen. The proposed adjustment is recommended to reflect the development boundaries of the housing development and the natural boundary between the two communities which is effected by the built environment. It is proposed that the boundary be amended as shown on the attached plan (Appendix 4) and the area transferred from Llanishen to Lisvane.

17. Councillors David Walker Gretta Hunt and Nick Butler had no objections to the proposal.

(e) Transfer of Part of Ely to St Fagans

18. The Drope – The present boundary is shown on the attached plan. Electors are in Ely and St Fagans depending on where their front door is in relation the boundary. The proposed revision is shown on the plan Appendix 5.

19. Representations have been received from residents of Clos y Cwarra, The Drope, for the transfer of their properties from Ely to the St Fagans Community. Complaints have been received from those residents claiming that they had originally purchased their properties on the basis that they were in the St Fagans Community. The uncertainty was compounded by difficulties in establishing precisely the exact position of the boundary immediately after the properties had been built. A complaint has been lodged with the Local Government Ombudsman arising from the initial inclusion of the properties on the electoral role and in the Council Tax records indicating that the properties were within the boundaries of the community of St Fagans. The complaint has been held in abeyance pending consideration of this report.

Page 3 of 6 (f) Transfer of Part of St Fagans to Ely

20. Lon Werdd Close – this area is partially within the community of Ely and partially within the area of St Fagans. The natural alliance of the development geographically is with the community of Ely and the current boundary line fails to recognise a natural boundary, which is desirable in the interests of effective and convenient local government. The proposed revised boundary is shown on Appendix 6 attached to this report.

Page 4 of 6 ADVICE

This report has been prepared in consultation with Corporate Managers and reflects their collective advice. It contains all the information necessary to allow Members to arrive at a reasonable view, taking into account the advice contained in this section.

The Chief Executive is dealing with this report.

Legal Implications

The process for must adhere to the requirements of Section 60 of the Local Government Act 1972. The procedure involves:-

1. Giving Public Notice of intention to conduct a review and invite representations from all interested parties.

2. The Council considering all representations and formulating draft proposals.

3. Publication draft proposals and notification all previously interested parties.

4. The Council considering all representations and formulating final proposals.

5. Publication of the final report and notification all previously interested parties.

6. Submission of the final report to the Local Government Boundary Commission for Wales with a formal request to consider a review of the Electoral Divisions to align them with the new Community boundaries.

Achievability

1. The Local Government Boundary Commission for Wales has indicated that it will consider any recommendation to consider Electoral Division boundary changes subsequent to the Council’s review of Community Boundaries.

2. There are no significant expenditure implications to these proposals and it is anticipated that the review costs will be contained within budget.

3. Full consultation will take place with Members, residents, Members of Parliament, Community Councillors, Local Assembly Members and the Police Authority.

Consequences

1. If the recommendations are accepted by members and by the Local Government Boundary Commission for Wales, the number of properties and electors listed on the Appendix will be transferred between Communities and Electoral Divisions as indicated.

2. By transferring properties into or out of Community Council areas, subsequent changes in Community Council tax precepts will occur.

Page 5 of 6 The views expressed by Local Members during the consultation process are contained within this report.

BYRON DAVIES Chief Executive 24 January 2001

Background Papers : Review of Electoral Arrangements – Report and Proposals for the City and County of Cardiff – Local Government Boundary Commission for Wales. Letters from Councillors Gretta Hunt, Walker, Pearson, Phillips, Winston Griffiths, Robinson and Butler. Standard letters from local residents - 35 Letter from the Chairman of Old St Mellons Community Council

The following Appendices are attached to the report:-

1. Appendix 1 listing the properties and electors affected by proposals.

2. Appendix 2 showing boundary anomaly – Blackbirds Way Area.

3. Appendix 3 showing boundary anomaly – Coed Arian and Silverbirch Close.

4. Appendix 4 showing boundary anomaly – Mill Heath Drive

5. Appendix 5 showing boundary anomaly – The Drope

6. Appendix 6 showing boundary anomaly – Lon Werdd Close

CABINET PROPOSALS

Committee of the Council:

(1) save in respect of those proposals relating to the boundary of Old St Mellons and Llanrumney at Blackbirds Way;

(i) agree the Community boundary changes proposed in this report in principle;

(ii) agree to undertake a review of Part IV of the Local Government, Act 1972 in each of the areas referred to in this report;

(iii) agrees that the Chief Legal Services Officer be instructed to take such steps as may be required under section 60 of the Local Government Act 1972 for the purposes of such a review;

(iv) agree that the Chief Executive arrange for the review to be carried out and prepares a report on the responses following the consultation process and prepare formal draft proposals for consideration of Members;

(2) agree that the proposals in relation to the boundary of Old St Mellons and Llanrumney at Blackbirds Way be not pursued.

Page 6 of 6 APPENDIX 1

REVIEW OF ELECTORAL ARRANGEMENTS

Background Information

1. Transfer part of Old St Mellons to Llanrumney The existing boundary follows the pre-1974 Cardiff County Borough Council Boundary. The Community was divided by the creation of Eastern Avenue in the early 1970s and the development at Blackbirds Way, Eastern Close etc was consequently isolated from the main part of the Community of Old St Mellons.

The current boundary also forms the part of the constituency boundary between Cardiff South and Penarth and Cardiff North.

Properties 292 Electors 426

2. Transfer part of Llandaff North to Whitchurch Part of the existing boundary between Llandaff North and Whitchurch follows the old railway line which was removed several years ago and later developed for housing. The division between the communities has therefore been eroded, although there is still no direct vehicular access from the western end of Silverbirch Close to the Heol Gabriel area. A natural boundary however exists to the south of Silverbirch Close and Coed Arian.

Properties 170 Electors 291

3. Transfer part of Llanishen to Lisvane

The part of the boundary proposed to be moved between the Communities of Lisvane and Llanishen follows the line of an ancient hedge which was removed when Mill Race Close was built.

Properties 82 Electors 165

4. Transfer part of Ely to St Fagans

The part of the boundary proposed to be moved between the Communities of Ely and St Fagans follows the line of an ancient hedge, removed prior to residential development in the area. Residents have made vociferous local objections to the current boundary line.

Properties 103 Electors 201

Page 7 of 6 5. Transfer part of St Fagans to Ely

The existing boundary follows the pre-1974 Cardiff County Borough Council Boundary. Subsequent development has taken place across this boundary, the only access being available via Stirling Road, Ely.

Properties 6 Electors 15

Page 8 of 6 REVIEW OF ELECTORAL ARRANGEMENTS proposal - Move existing boundary APPENDIX B (Transfer part of Old St Mellons to Llanrumney) To new position marked REVIEW OF ELECTORAL ARRANGEMENTS proposal - Move existing boundary APPENDIX C

(Transfer part of Llandaff North to Whitchurch and Tongwinlias) To new position marked REVIEW OF ELECTORAL ARRANGEMENTS proposal - Move existing boundary APPENDIX D (Transfer part of Llanishen to Lisvanne) To new position marked

v REVIEW OF ELECTORAL ARRANGEMENTS proposal - Move existing boundary APPENDIX E (Transfer part of Ely to St Fagans) To new position marked REVIEW OF ELECTORAL ARRANGEMENTS proposal - Move existing boundary APPENDIX F (Transfer part of Old St Fagans to Ely) To new position marked