Agenda and minutes

There were no apologies for absence.

UNANIMOUSLY RESOLVED that the minutes of the meeting of the Cabinet held on the 12^th December, 2022 be signed as a correct record.

The Chair advised that no questions on notice had been submitted by members.

The Chair advised that one public question had been received.

“In light of recent changes taken by Edinburgh City Council, East Dunbartonshire, North Ayrshire, Falkirk and Dundee following Unite’s “Get Me Home Safely” campaign, will the cabinet support a change in licensing conditions in Carmarthenshire to ensure hospitality businesses provide late-night workers with free travel home after 23:00? Could the councillor please give reasons for his answer?”

The Chair informed the Cabinet that the questioner Conor MacDonald was not able to be present at the meeting to ask his question, however he had asked that the Chair formally ask the question to Councillor Aled Vaughan Owen on his behalf.

Question:

“In light of recent changes taken by Edinburgh City Council, East Dunbartonshire, North Ayrshire, Falkirk and Dundee following Unite’s “Get Me Home Safely” campaign, will the cabinet support a change in licensing conditions in Carmarthenshire to ensure hospitality businesses provide late-night workers with free travel home after 23:00? Could the councillor please give reasons for his answer?”

Response by Councillor Aled Vaughan Owen:

“Thank you for the question

We recognise that journeys to or from work at night can expose workers to concerns about personal safety, the threat of violence and even violence itself. I know that research referenced in Unite’s “Get Me Home Safely” campaign found that women feel particularly vulnerable and exposed to the risk of harassment and assault when travelling to and from work. As a council we are committed to reducing violence against women, or threats of it, and our licensing officers actively work with licensed premises, encouraging them to adopt campaigns such as White Ribbon and Ask Angela.

As such, the adoption of the “Get Me Home Safely” campaign in Carmarthenshire is certainly worth exploring further as part of that commitment. Clearly any potential impact on current licensing conditions would be subject to consultation. We will certainly keep an eye on this campaign and respond to any developments in the future."

The Cabinet considered the revenue budget monitoring report which provided the latest budgetary position as at 31^st October 2022 in respect of 2022/2023. 

Overall, the monitoring report forecast an overspend for the year at departmental level of £4,844k with a forecast overspend on the Authority’s net revenue budget of £3,473k.  At a high level, this was due to a combination of:

·       Nationally negotiated pay settlements at much higher levels than budgeted, for which additional governmental funding has not been provided. High level estimates are that that could be £7.1m above budget; 

·       overspends in service areas driven by increased demand combined with reduced grant funding versus previous years, particularly Learning Disabilities and Children’s Service.

·       A sustained reduction in commercial income, covering car parks, leisure centres and school meals;

·       Capital financing underspends due to scheme delays and a educed need to borrow

It was noted that as part of the 2022/23 budget setting process, the Authority had agreed a £3m in-year contingency budget which was currently held centrally and provided a partial offset to the above mentioned general pressures.  Furthermore, it was reported that £200k has been used to offset the increase in fuel prices impacting on School Transport.

The Housing Revenue Account reported a predicted overspend of £665k for 2022/23, to be funded through a contribution from reserves details of which were provided within Appendix B appended to the report. It was also noted that nationally negotiated pay offers at much higher levels than budgeted would fall directly on the HRA to fund which were estimated to be £0.5m above budget.

UNANIMOUSLY RESOLVED that:

6.1      the Budget Monitoring report be received, and the budgetary position and appropriate corrective action taken be noted.

6.2      in respect of significant overspends on specific budget areas Chief Officers and Heads of Service critically review options available to them to address the ongoing impact.

The Cabinet considered a report providing an overview of the Revenue Budget Strategy for 2023/24 and the following two financial years. The report provided details of the budget process, the current Welsh Government provisional settlement and the final settlement timetable and identified the validation and budget pressures that needed to be considered by members in setting next year’s revenue budget. The report would also form the basis of the budget consultation process to be undertaken during January and February 2023.

The report indicated that, after adjustments for Welsh Government identified transfers, the increase in the provisional settlement for Carmarthenshire was 8.5% (£26.432 million). The Aggregate External Finance (AEF) had therefore increased to £338.017 million in 2023/24.  Whilst the settlement was significantly above the indicative figure of a 3.4% increase and provided £15.5m more than the original assumption, it was noted that the Welsh Government had recognised that the increased figure would not be enough to meet the inflationary pressures currently facing councils and that difficult decisions would need to be made.

It was noted that whilst significant work had already been undertaken in preparing the budget, the report was only an initial position statement which would be updated over the coming months as the budget was further developed.  However, it was reported that due to the delays in the provisional settlement, and the consequential impact on Welsh Government’s budget finalisation, the publication of the final settlement would not be published until the 7th March 2023.

In recognising the critical importance of minimising the Council Tax increase for residents during the current cost of living crisis, it was necessary to respond to the current risks around this Budget Strategy and the ongoing inflationary backdrop. The Budget Strategy, in line with the Medium Term Financial Plan proposed that the Council Tax for 2023/24 be increased to 7%, which sought to mitigate reductions to critical services. The proposal would be considered as part of the budget finalisation process over the next month or so and when the Authority would receive further clarification on cost and grant funding with a view to limiting the Council Tax increase as far as possible. Final budget proposals would then be presented to the Cabinet mid/late February, which will allow a balanced budget to be presented to County Council on the 1^st March 2023.

UNANIMOUSLY RESOLVED:

The Cabinet received a report which provided the latest budgetary position for the 2022/23 capital programme, as at the 31^st October 2022 and detailed new projects and virements for noting and Cabinet approval.

It was reported that departmentally, a net spend of £64,369k was forecast compared with a working net budget of £148,334k giving a -£83,965k variance.

The net budget included the original H.R.A. and General Fund capital programmes approved by Council on the 2^nd March, 2022 and slippage from 2021/22. It was noted that some budgets had also been amended to account for differences in actual grant allocations compared with the anticipated allocations at the time the programme was approved and new grant awards received during the year to date.

It was noted that Appendix B detailed the main variances within each department.

UNANIMOUSLY RESOLVED that:

8.1     the capital programme update report 2022/23 be received;

8.2.    the new projects as detailed within the report be noted and agreed.

The Cabinet received a report which outlined information in regard to the Council Tax Reduction Scheme 2023/24.  The report sought formal adoption of the Council Tax Reduction scheme which replaced Council Tax Benefit in April 2013 for 2023/24.

Members noted that the Welsh Government had made regulations that retained the 2013/14 Council Tax Reduction scheme (with limited amendments) for 2014/15 and subsequent years. 

Despite being an all-Wales scheme, individual Councils were required by the Prescribed Requirements Regulations to formally adopt a Council Tax Reduction Scheme by 31^st January each year otherwise the “Default Scheme” would apply which meant that the Council would be unable to exercise its discretion with regard to the limited discretionary elements in the prescribed scheme. 

Should the Council wish to exercise its powers in relation to the limited areas of discretion available to it, it is required to do so as part of the formal scheme adoption process.

Furthermore, the report outlined for information, with no recommendation for change, the limited areas of local discretion, and the policy adopted by Council in respect of those discretions. However, whilst the scheme is materially unchanged for 2023/24, in addition to the normal annual up-rating of certain financial figures used for assessing individual entitlement and some technical adjustments (as is being provided for in The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment)Regulations 2023), the statutory instrument made a number of other amendments which was detailed in the report.

UNANIMOUSLY RESOLVED THAT IT BE RECOMMENDED TO COUNCIL  subject to the regulations being approved and coming into force on 20th January 2023 that it:-

9.1.    Formally adopts the standard all-Wales Council Tax Reduction scheme provided for in the

                a. Council Tax Reduction Schemes and Prescribed Requirements (Wales)Regulations 2013, and

9.2.    Implements the annual up-rating figures (used in entitlement calculations) and other technical amendments, included in the Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 due to come into effect 20th January 2023 and these Regulations apply in relation to a council tax reduction scheme made for the financial year beginning on 1 April 2023;

9.3.    Continues to exercise its discretion with regard to the limited discretionary elements of the prescribed scheme as outlined in the Executive Summary.

The Cabinet considered the Housing Revenue Account Budget 2023/24 to 2025/26 and Housing Rent Setting proposals for 2023/24 prior to the consideration of Council.  The report prepared by the Director of Corporate Services, in conjunction with officers from the Communities Department, brought together the latest proposals for the Revenue and Capital Budgets for the Housing Revenue Account 2023/24 to 2025/26.  It was noted the report had been considered, and endorsed, by the Community Scrutiny Committee at its meeting held on the 19^th December, 2022 as part of the budget consultation process, an extract of the minutes were appended to the report at Appendix C.

The report had been prepared reflecting the latest proposals contained in the Housing Revenue Account (HRA) Business Plan, being the primary financial planning tool for delivering the Carmarthenshire Homes Standard Plus (CHS+) for the future. It was noted the proposed investment within the current business plan had delivered the CHS by 2015 (to those homes where tenants had agreed to have the work undertaken) provided investment to maintain the CHS+ and continued investment for the Housing and Regeneration Delivery Plan.

The report also detailed how rents would increase for 2023/24 with the HRA budget being set to reflect:-

·       Social Housing Rent Policy (set by Welsh Government)

·       Proposals contained in the Carmarthenshire Housing Revenue Account Business Plan

·       Housing Regeneration and Development Delivery Plan

The Cabinet Member for Resources advised that capital investment in the region of £231m had provided Carmarthenshire Home Standard to tenants and, more recently, up to the end of the current financial year, a further £92m would have been spent in maintaining the CHS+ home standard for properties and tenants.

Over the next 3 years it was expected that a further £61m would be spent on maintaining and upgrading the housing stock. The budget alsoprovided funding of some £43m over the next 3 years to support the Affordable Homes Programme, which was on top of the £68m expenditure already incurred to the end of this current financial year. The Strategy would also see the increase in the supply of affordable housing throughout the County through various solutions including our new build programme and buyback scheme.  Furthermore, whilst the higher cost of materials due to Brexit, Covid, the war in Europe and a shortage of workers had made finding suitable partners among contractors a significant challenge, this would be continuously monitored throughout the coming year.

Cabinet Members were reminded that since 2015, the Authority had been required to adopt the Welsh Government Policy for Social Housing Rent Harmonisation, meaning that the proposed rent increase was prescribed by Welsh Government guidance and provided an equitable distribution of the rents for the social sector tenants. 

While that policy ended in 2018/19, and an interim policy applied for 2019/20 the Welsh Government had subsequently developed a new policy for implementation in 2020/21 to apply for a period of 5 years from 2020/21 and contained some additional/amended requirements, as detailed within the report. The main elements  ...  view the full minutes text for item 10.

The Cabinet considered the Housing Revenue Account Business Plan 2023-26 Carmarthenshire’s Housing Investment Programme which explained the vision and detail of the Council’s Housing Investment Programme over the next three years, including the housing stock improvement plans, the new build programme and the plans to become net zero carbon.

The Cabinet member for Homes, in acknowledging the economic challenges and the difficulties communities faced regarding the increasing cost of living explained that continued support to tenants in need was vital and at the heart of the work being carried out.  It was reported that the Council had already delivered over 1,600 additional homes and the new development programme would support the delivery of a further 2,000 homes, supporting the regeneration of our town centres, rural towns and villages and our major regeneration sites including the Transforming Tyisha programme.

The programme of works would make a significant contribution to tackling the climate emergency and follows the Council’s principles of becoming a Net Zero Carbon Authority by 2030.The Council was leading the way on its approach to decarbonising homes, which would make homes more affordable for tenants, provide healthier living conditions and create a greener Carmarthenshire. This plan showed a firm commitment to support the investment required for decarbonising our homes which would involve improving the fabric performance of our homes, installing low carbon heating solutions and renewable technology.

The plan outlined that the Council would continue to deliver a comprehensive programme of works to homes and maintain services to all of its tenants.  It would also help stimulate the local economy creating new jobs and training opportunities.  During the three years of this plan, we would invest over £260m into social housing in Carmarthenshire (Capital £103m and Revenue £157m)

UNANIMOUSLY RESOLVED THAT IT BE RECOMMENDED TO COUNCIL TO:

11.1    Confirm the vision for our housing investment programmes over the next three years;

11.2    Agree that the 2023-26 Business Plan can be submitted to Welsh         Government;

11.3    Note the contribution the Plan makes to the Housing Regeneration         and Development Delivery Plan in supporting the delivery of over 2000 homes;

11.4    Note the importance of the investment included in this plan and          its role in stimulating the local economy and creating local jobs and       training opportunities.

[Note: Councillor A. Davies having earlier declared a personal interest in this item left the meeting during the consideration and voting thereof.]

The Cabinet considered a report which provided information on the areas for consideration in relation to Second Homes/Short Term Holiday Homes and Empty Properties.  Which had been developed following concerns raised at both a local and National level about the perceived impact of growing numbers of second homes and empty properties on our communities.

The Cabinet Member for Resources, in presenting the report highlighted that in 2021, as part of the Agreement between the Welsh government and Plaid Cymru, ways of tackling the second home crisis were announced, including the right to raise the premium to 300% and use the procedure planning and permits. Central to the intention was to ensure fairness, and that good quality affordable housing was accessible to all whilst the owners of second homes made a fair and effective contribution to the communities where the property is being purchased.

Cabinet Members attention was drawn to the recommendations as set out in the report.  A correction should be made to the recommendation about second homes, to be correct, the recommendation in terms of the premium was that to consider raising a premium of either 50% or 100% on Second Homes.

It was noted that Carmarthenshire had circa 2,300 empty houses at any given time.  In addition, under the new provision, a long-term vacant house was a dwelling that had been empty and with minimal furniture for a continuous period of at least one year. There are around 1,300 such houses in Carmarthenshire.  The challenges in dealing with such properties were wide and varied with much of the responsibility for trying to tackle these problems falling on local authorities.  Whilst the Local Authority had the responsibility and the legal powers to bring empty houses back into use, it was not practical or desirable in all cases.

It was reported that raising Council Tax Premiums on Vacant Properties and Second Homes was one option available to the Authority in order to manage the situation locally.  However, due consideration must be given to the statutory duties to carry out equality impact assessments under the Equality Act 2010 and the Public Sector Equality Duties of Wales 2011, and all other relevant considerations.

In addition, contacting and consulting key stakeholders, including the local electorate, before deciding whether to raise a premium in either case should be considered.

UNANIMOUSLY RESOLVED to:

12.1    Conduct a consultation and impact assessment on introducing council tax premiums on empty properties with a proposal that the following is introduced:

•       50% for those which have been empty between 1 and 2 years;

•       The level of premium would then increase to 100% for those properties which have been empty for 2 years up to 5 years;

•       then a further increase to 200% for properties empty for 5 years or more;

12.2    Conduct a consultation and impact assessment on introducing council tax premiums on Second Homes/holiday  ...  view the full minutes text for item 12.

The Cabinet received for consideration a report which set out the progress in regard to the Notice of Motion referred to Cabinet by County Council on 28^th September, 2022 [Minute 11.1 refers].

Members noted that the creation of a public or bank holiday is a matter of statute that falls under the responsibility of Westminster Government and that Welsh Government had lobbied Westminster for the responsibility to be devolved to Wales however, this had so far been resisted, although the previous Leader had written to Welsh Government to ask for an all-Wales approach to St David’s Day.  Fundamentally, without the agreement of Westminster Government or devolved powers to Welsh Government any re-designation of the existing bank/public holidays or creation of a new one would be without funding for the additional costs as a consequence.

The notional cost of applying the extra Statutory day is circa £350k for NJC employees. Should Teaching staff also be included, then the quantum would reach circa £700k.

In view of the current financial situation which the Council faces, the Cabinet Member for Organisation and Workforce, proposed that point c of the notice of motion; to denote David’s Day as an additional day of paid leave for its staff on March 1st annually, not be progressed at this time.  This was duly seconded.

UNANIMOUSLY RESOLVED:

13.1.   to call on the Westminster Government to devolve to the Welsh Government the authority for deciding on bank holidays in Wales (through the Banking & Financial Dealings Act 1971) in the same way as at present in Scotland and Northern Ireland, and that we ask all Councils in Wales to make a similar request through the Welsh Local Government Association;

13.2.   to note the public support for the creation of a bank holiday on St. David’s Day in Wales, and that the Welsh Government has on numerous occasions asked the UK Government to devolve the necessary powers;

13.3    that the investigation of the possibility and implications of denoting St David’s Day as an additional day of paid leave for its staff on March 1st annually not be progressed.

13.4.   to further consider how the Council can further support St. David’s Day celebrations on and around March 1st, working in conjunction with Town and Community Councils and other key partners to deliver cultural and economic benefits.

Cabinet received a report on the Council’s Annual Report for 2021/22, produced in accordance with the requirements of both the Well-being of Future Generations (Wales) Act 2015 and the Local Government and Elections Act (Wales) 2021 which required the Council to produce an Annual report on its Well Being objectives and to report on performance, based on a self-assessment approach. The report referenced, in turn, each of the Council’s 13 Well Being Objectives and assessed the progress and adaptations made during the year.

UNANIMOUSLY RESOLVED TO RECOMMEND TO COUNCIL that the Carmarthenshire County Council’s Draft Annual Report for 2021/22 be received.

The Chair advised that there were no items of urgent business.

THE REPORTS RELATING TO THE FOLLOWING ITEMS ARE NOT FOR PUBLICATION AS THEY CONTAIN EXEMPT INFORMATION AS DEFINED IN PARAGRAPH 14 OF PART 4 OF SCHEDULE 12A TO THE LOCAL GOVERNMENT ACT 1972 AS AMENDED BY THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) (VARIATION) (WALES) ORDER 2007. IF, FOLLOWING THE APPLICATION OF THE PUBLIC INTEREST TEST, THE CABINET  RESOLVES PURSUANT TO THE ACT TO CONSIDER THESE ITEMS IN PRIVATE, THE PUBLIC WILL BE EXCLUDED FROM THE MEETING DURING SUCH CONSIDERATION.

UNANIMOUSLY RESOLVED, pursuant to the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007, that the public be excluded from the meeting during consideration of the following items as the reports contained exempt information as defined in paragraph 14 of Part 4 of Schedule 12A to the Act.

Following the application of the public interest test it was RESOLVED pursuant to the Act referred to in minute no. 16 above not to publicise the content of the report as it contained exempt information relating to the financial or business affairs of any particular person (including the Authority holding that information) (Paragraph 14 of Part 4 of Schedule 12A to the Act).  The public interest test in respect of this report outweighed the public interest in disclosing the information contained therein as disclosure would reveal financial information about the operation of Llanelly House which could weaken its position in relation to third parties with whom it engages.

Cabinet Members received a report in regard to the financial support for CHRT/Llanelly House for consideration.  Llanelly House is key in supporting the Regeneration of Llanelli Town Centre and assistance was required to ensure the continued sustainability of the house.

UNANIMOUSLY RESOLVED to continue to support the CHRT/Llanelly House project by approving a support package of up to £60k per annum for a further 2 years.

Following the application of the public interest test it was RESOLVED pursuant to the Act referred to in minute no. 16 above not to publicise the content of the report as it contained exempt information relating to the financial or business affairs of any particular person (including the Authority holding that information) (Paragraph 14 of Part 4 of Schedule 12A to the Act).  The public interest test in respect of this report outweighed the public interest in disclosing the information contained therein as disclosure undermine the position of the contractor when negotiating with sub-contractors and suppliers putting it at an unfair disadvantage in the market.

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Cabinet Members received a report which provided an update on the construction contract and affordability of Zone 1 of Pentre Awel.

The Cabinet Member for Regeneration. Leisure, Culture & Tourism proposed an additional recommendation to delegate authority to the Director of Corporate Services and Chief Executive to continue to negotiate the final contract price and agree this price in conjunction with the Leader of the Council and Cabinet Member for Regeneration, Lesure, Culture & Tourism and Cabinet Member for Resources.  This was duly seconded.

The Head of Administration confirmed that the report and recommendations contained therein required consideration by full council for decision as an exempt item.

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UNANIMOUSLY RESOLVED THAT IT BE RECOMMENDED TO COUNCIL:

18.1    To receive and note the conclusion and outcomes of the first phase of the two-stage design and build contract to deliver Pentre Awel Zone 1.

18.2    To proceed to the second phase of the contract with Bouygues, Construction, as per the recommendation in the report;

18.3.   To note the progress in securing tenancy agreements;

18.4.   That any shortfall in funding will be provided through a combination of external funder additional contribution, County Council Pentre Awel (City Deal) contingency funding and additional funding from the market. Upon finalisation of Bouygues’ price, a summary table will be shared with Cabinet Members presented to Cabinet. A programme of ongoing Value Engineering will be undertaken with Bouygues throughout the duration of the contract to ensure robust cost management;

18.5    To delegate authority to the Director of Corporate Services and Chief Executive to continue to negotiate the final contract price and agree this price in conjunction with the Leader of the Council and Cabinet Member for Regeneration, Leisure, Culture & Tourism and Cabinet Member for Resources.