Agenda and minutes

The Cabinet Member for Finance and Resources presented a report seeking Cabinet’s approval sitting as Trustees of the Welsh Church Act Fund (WCAF) to dispose of Ysgol Llangwm, Llangwm Community Hall and the adjoining Playing Fields.

The site sits on land owned by the WCAF, which is a Charitable Trust, independent of this Authority; the Authority is the sole Trustee for the Charity.

Llangwm Community Hall formed part of the school facility and until its closure was used daily for educational purposes. A Transfer of Control Agreement dated 28 July 2003 between the Authority, School Governors and the Pwyllgor Corlan Diwylliant Llangwm (known as the Community Hall Management Committee (CHMC)) permits use of the Hall outside of school hours for community based activities.

The CHMC had expressed an interest in taking over the running and management of the site for community purposes, such purposes being one of the objectives of the WCAF.  It would therefore be permissible for the Council, as Trustee, to transfer ownership or control of the site at an under-value to the CHMC, provided that the CHMC had charitable status.  It was understood that the CHMC intended to establish a new charity to do this.

There were a number of options for Cabinet, as Trustees, to consider and act in the best interest of the Trust. Therefore, the Cabinet Member for Finance and Resources proposed that Option 2 be approved and that a 25 year lease be granted for £1.00 per annum to the CHMC Charity and that a payment of £35k be made to the Charity; however separate approval of the payment would need to be made by Cabinet as the funds would be provided on a corporate basis and not from the WCAF account (See Minute 903 below).

It was suggested that the Local Electoral Division Member for Uwchaled sits on the CHMC Charity Board and that this should form part of the condition of the payment, depending on the Cabinet decision in Minute 903 below.

The Head of Law and Governance confirmed that the WCAF owned small pockets of land within the County Borough.

RESOLVED-

(a)  That a 25 year lease of the Site be granted for £1.00 per annum to a charity established as successor to the CHMC and with objectives which conform with those of the Welsh Church Act Fund, on terms and conditions to be proposed by the County Valuer and Asset Manager and agreed and approved by an independent Valuer, as required by the Charities Act 2011.

(b)  That the CHMC relinquishes its interest in the Transfer of Control Agreement (TOCA).

Apologies for absence were received from Councillor Chris Hughes (Cabinet Member for Communities) who would be late attending the meeting and Jane Richardson (Strategic Director – Economy and Place).

None.

None.

The minutes of the Cabinet held on 14 March 2017 were submitted for approval.

RESOLVED-

That the minutes of the Cabinet held on 14 March 2017 be approved and signed as a correct record.

The Deputy Leader presented Members with the Forward Work Programme for the Cabinet.

RESOLVED-

That the Cabinet Forward Work Programme be approved.

The minutes of the Conwy Harbour Advisory Committee (CHAC) held on 22 March 2017 were submitted.

At the meeting on 22 March 2017, it had been recommended to Cabinet that the CHAC Constitution be amended to include the following clause:

·         Declarations of interest:

It is noted that the Councillor members of the Advisory Committee are required to comply with their relevant Code of Conduct when attending meetings of the Committee and therefore they may be required to declare interests in relation to specific items of business.  The other members of the Committee will also declare and have recorded in the minutes any financial or business benefits they may have in any item under consideration at the Committee, but they will still be entitled to take part in the relevant discussions and vote.

RESOLVED:-

(a)  That the minutes of the Conwy Harbour Advisory Committee held on 22 March 2017 be noted.

(b)  That the Conwy Harbour Advisory Committee’s Constitution be amended to include the clause in relation to Declarations of Interest, as highlighted above.

Further to the decision taken by Cabinet sitting as Trustees to transfer Ysgol Llangwm and Community Hall to the CHMC Charity (Minute 893 above refers), the Cabinet Member for Children’s Services, Education and Skills now sought approval to make a payment of £35,000 to a charity established by CHMC, towards repairs and maintenance costs of the site.

The payment would come from the Council’s corporate finances, as funding was available in a capital reserve that had been accumulated from the balances of Ysgol Llangwm at the time of its closure and revenue savings that resulted from the closure.

It was noted that the payment would eliminate the risk of future costs arising from the Authority’s ownership of the site and provided the local community with an asset and the potential for grant funding to be acquired to improve the facility.

In relation to the payment options to the CHMC, the preferred option would be to provide the £35k over a phased 5 year period, as it would allow the Authority to control how the money was being utilised.  However, the Local Electoral Division Member for Uwchaled highlighted the problems this could cause, particularly as it was likely that significant costs would be incurred, as the roof was in need of replacing in the near future.

It was agreed that there should be some flexibility in the payment method and that the payment terms should be agreed by the Head of Education Services and the Charity.

As discussed in Minute 893 above, Members agreed that the payment to the CHMC Charity should be on the condition that the Local Electoral Division Member for Uwchaled sits on the CHMC Charity Board.

RESOLVED-

That a payment of £35,000 be approved to a charity established by CHMC on payment terms to be agreed by Head of Education Services and the Charity, subject to the Local Electoral Division Member for Uwchaled being appointed to sit on the CHMC Charity Board or its successor.

The Cabinet Member for Finance and Resources presented a report, which sought approval for the adoption of a new temporary Business Rates relief scheme, the High Street Relief (HSR), introduced by Welsh Government (WG).

The Valuation Office Agency had recently carried out a national non-domestic revaluation of business properties and in order to mitigate large increases in Business Rates, the WG had introduced transitional relief over a three year period, following the revaluation.

The HSR scheme would be available in the 2017-2018 financial year to support businesses in the retail sector in Wales. The scheme would provide up to £500 discount (Tier 1) and £1,500 (Tier 2) on the Business Rates bill to all occupied, qualifying retail premises with a rateable value of less than £50,000 in the financial year of 2017/2018. 

It was reported that approximately 745 businesses in the County Borough could benefit from the scheme, which included occupied high street properties that were used wholly or mainly as shops, restaurants, cafes and drinking establishments.  It was noted that larger chain-stores would not benefit from the scheme, due to State Aid limits (currently €200,000 over a three year period).

RESOLVED-

(a)  That Cabinet adopts the High Street Relief scheme based on WG guidance (Appendix 1), subject to any final revisions published by WG.

(b)  That delegated authority be given under Section 47 of the Local Government Finance Act 1988 to the Local Taxation Manager, in consultation with the Portfolio Member for Finance and Resources and the Strategic Director (Finance and Efficiencies), to approve the granting of the relief to those businesses that meet the qualifying criteria. 

The Cabinet Member for Tourism, Marketing and Leisure presented a report seeking approval to submit a finalised funding application to Visit Wales’ Tourism Attractor Destinations Programme, in order to undertake reconfiguration work within Venue Cymru to increase the volume and range of events.

Cabinet had previously approved a request to submit initial applications for both Colwyn Bay Waterfront and Venue Cymru, which were subsequently prioritised for submission to Visit Wales by the North Wales Economic Ambition Board. 

Funding for Colwyn Bay Waterfront was approved and works were currently underway.  Scoping work to determine options to reconfigure Venue Cymru, to allow better use of the existing space to accommodate a varied programme of events and conferences, was now complete.  A number of these options would now be presented to Visit Wales in a finalised funding application by the end of April 2017.

The Cabinet Member for Finance and Resources fully supported the recommendation and acknowledged the benefits of the project as a means to attract additional visitors and therefore benefit the local economy.

Members were also informed that the Council’s continued investment into Venue Cymru had resulted in £20m of economic benefits to the area.

The Leader and Deputy Leader extended their thanks to the Principal European Funding Officer for all her hard work in attracting funding to the Authority.

Due to the timescales involved, the Chair of the Council had agreed that the matter be exempt from call-in.

RESOLVED-

(a)  That Cabinet approve the submission of the final funding application to Visit Wales for the reconfiguration of Venue Cymru, in order to increase business tourism and attract a wider range of events.

(b)  That approval be given to implement project delivery, once the funding has been approved by Welsh European Funding Office (WEFO) and Visit Wales.

(c)  That the item be exempt from call in.

The Cabinet Member for Tourism, Marketing and Leisure presented Members with a report seeking approval for the new logo and branding for Theatr Colwyn.

The ‘What’s On’ brochure for Venue Cymru and Theatr Colwyn was tendered in 2014 and was won by View Creative who offered to redesign the Theatr Colwyn logo free of charge as a sponsorship arrangement.

Mr. Simon Cotton, Managing Director of View Creative had given a presentation to the Principal Overview and Scrutiny Committee on 5 April 2017 on the 3 suggested options and how the logo would be included on posters and merchandise; a copy of the presentation was appended to the Cabinet report.

Following a thorough debate, the Scrutiny Committee had recommended Option 3, which was also the preferred option of the Theatr Colwyn Joint Management Committee.

RESOLVED-

That Option 3 be adopted as the logo for Theatr Colwyn, in order to bring its image up to date, whilst ensuring that the historical nature of the building is not overlooked.

The Cabinet Member for Democracy, Law and Regulation presented Members with the Council’s Welsh Language Scheme.

The Strategy outlined the Council’s proposed approach towards promoting the Welsh Language and facilitating its use within the County Borough; it would be revised and monitored continuously over the next five years.  It had been developed around the vision of working to ensure that the Welsh language thrives in Conwy communities and was also based around the six themes identified nationally in the Welsh Government’s Welsh Language Strategy: ‘A living language: a language for living’ and also makes reference to the Welsh Government’s new strategy on ensuring a million Welsh speakers by 2050.

The Principal Overview and Scrutiny Committee had considered the Strategy at its meeting on 5 April 2017 and had commended the Welsh Language Manager for the work she had undertaken in developing the Strategy.

The Scrutiny Committee felt there was a need to increase the focus in schools where there were low numbers of Welsh speakers. There was a separate strategy for Welsh language in schools and the Scrutiny Committee felt that Conwy’s Welsh Language Strategy should take the lead and that the strategy for schools should be monitored as part of the Welsh Language Strategy. 

The Cabinet Member for Children’s Services, Education and Skills advised Members that the current strategy for Welsh language in schools was due to be reviewed shortly, so would provide an opportunity to look at this further.

The Cabinet Member for Communities questioned how the Authority could increase the levels of spoken Welsh in the playground.

The Cabinet Member for Children’s Services, Education and Skills acknowledged the challenges of increasing the levels of spoken Welsh both in the playground and in everyday life, however the strategies in place would go some way to address some of these issues.

Members were informed that the 2011 Census supplied the main source of data analysing the current position of the Welsh language in the County Borough.  The percentage of Welsh speakers had dropped from 29.4% to 27.4% between 2001 and 2011.

The Language Services Manager advised Members that the ambition for the next five years was to increase the number of Welsh speakers in Conwy by 2%.

The Leader informed Members that he was extremely proud of what had been achieved in promoting the use of the Welsh language in the Council, particularly in the Council Chamber and the ability to hold bilingual meetings.

Thanks were extended to the Welsh Language Manager (Nia Llwyd Lewis) and her staff for all their hard work.

RESOLVED-

That the Welsh Language Strategy be approved and published on the Council’s website, as required by the Welsh Language Standards.

The Cabinet Member for Communities presented a report seeking approval to adopt Supplementary Planning Guidance (SPG) - LDP/35 Safeguarding B1, B2 and B8 Office and Industrial Sites to support policy contained within the adopted Local Development Plan (LDP).

The purpose of the SPG was to provide guidance to planning applicants, agents, land and business owners, on the necessary considerations when considering changes of use to existing employment land and premises within the Conwy County Borough LDP area.

The SPG had been prepared in consultation with key Council Officers and had also been subject to a period of public consultation, where a small number of consultation comments were received; these were detailed in Appendix 2 of the report.

RESOLVED-

That LDP/35 Safeguarding B1, B2 and B8 Office and Industrial Sites be adopted as Supplementary Planning Guidance.

To consider passing a resolution under the provisions of Section 100A(4) of the above Act to exclude the Public and Press from the meeting during consideration of the following item(s), as it is likely that, if present, there would be disclosure to them of exempt information as defined in Paragraph 14 of Part 4 of Schedule 12A to the Local Government Act 1972. 

RESOLVED-

That the Public and Press be excluded from the meeting under the provisions of Section 100A of the above Act during consideration of Minute 905 as it involves the likely disclosure of exempt information as defined in paragraph 14 of Part 4 of Schedule 12A to the Act and that in all the relevant circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Members were presented with a report, which sought approval to provide consent (as both Landlord and Mortgagee) for a proposed under-lease permitting a Telecom Mast, together with the grant of any other rights of way/easements reasonably required to serve the installation on site at Conwy Borough Football Club (CBFC).

CBFC had approached the Council advising that they had managed to secure interest from a mobile telecom intermediary who proposed to erect a mast at the Club’s site to facilitate the installation of mobile telecom operator’s equipment.

Should consent be given to the proposal, a £35,000 premium would be paid by the proposed sub-tenant and the report set out the options upon how the consent might be granted and the receipt allocated.  

The Cabinet Member recommended that Option 3 be supported and that Conwy County Borough Council (CCBC), as the Landlord would receive 50% of the lease income, but  consent would be given for  the Community Development Service authority to return its 50% share to the Club upon condition that it was being invested in the Club and/or its facilities.

Details of the proposed facility upgrades were highlighted in Paragraph 4.6 of the report.

The Leader extended his thanks to the Principal Property Development Officer (Allan Sharp) for his services to CCBC, as he would be retiring shortly.

RESOLVED-

(a)        That consent be provided for the proposed under-lease on the proviso that Conwy County Borough Council as Landlord receives 50% of the lease income.

(b)       That the managing department (Community Development Service) be authorised to return its 50% share to the Club, upon condition that it is being invested in the Club and/or its facilities and that the Club provide evidence to this effect (Option 3).

As this was the Leader’s last Cabinet meeting, due to his retirement and the last Cabinet of the current Administration, the Leader paid tribute to his Cabinet Members for their loyalty and trust, and for the work they had undertaken to make Conwy a better place.

The Team Conwy approach by both Cabinet Members and Officers had been complemented by the excellent work undertaken by the Overview and Scrutiny Committees and the Chair of the Council.

By working together, the Council had created a unique culture, which had enabled the Council to achieve many accomplishments for the benefit of the people of Conwy, including: Parc Eirias, Venue Cymru, the regeneration of Colwyn Bay and the Office Accommodation Strategy to name but a few.  The Leader hoped this positive culture would continue during the next Administration.

The Leader extended his thanks to the Chief Executive, the Strategic Leadership Team and Officers for their continued support during his leadership and to his Personal Assistant (Deryl Mahon) and the Senior Committee Services Officer for the work they had undertaken.

The Leader and Deputy Leader also extended their thanks to Councillor Graham Rees J.P. (Cabinet Member for Tourism, Marketing Leisure) for his invaluable contribution to the Cabinet, as he would not be standing in the forthcoming elections. 

Best wishes were also extended to all those standing in the elections.

The Deputy Leader on behalf of the Cabinet took the opportunity to pay tribute to the Leader for his leadership style, which had kept the Cabinet and coalition together over the last nine years, particularly during difficult times. 

The Chief Executive informed Members that the flags were flying half-mast in respect of former Councillor, Mr. Jack Finch, who had recently passed away.  Mr Finch’s funeral would take place on Tuesday, 18 April 2017.

On behalf of the Chief Executive and Officers of the Council, the Strategic Director (Finance and Efficiencies) took the opportunity to pay tribute to the Leader for his invaluable leadership, support and encouragement, which had empowered Officers to provide the best services possible for the benefit of local communities and the Council.

A recent Wales Audit Office report recognised that political leaders and senior officers had a sound ownership and understanding of the Council’s priorities and they worked well together.  The report also recognised that the high level of trust and co-operation between Councillors and staff was a notable feature of the Council.  The report was testament of the work undertaken by Councillor Dilwyn Roberts, as Leader of the Council for the past 9 years.

The Strategic Director also extended his thanks to Councillor Graham Rees J.P. for the work he had undertaken as Cabinet Member.

Thanks were also extended to all Cabinet Members for their continued support over the last five years and the Strategic Director acknowledged the significant achievements made by the whole of the Council during this Administration.