Agenda and minutes

Cabinet - Monday, 13th March, 2023 10.00 am

Venue: Chamber - County Hall, Carmarthen. SA31 1JP and remotely. View directions

Media

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Additional documents:

Minutes:

An apology for absence was received from Councillor E. Thomas.

 

2.

DECLARATIONS OF PERSONAL INTEREST

Additional documents:

Minutes:

Councillor

Minute Number

Nature of Interest

A.    Davies

10.          Item 10 - Tywi Valley Shared Use Route - Land Acquisition and the use of Compulsory Purchase Order Powers to Support the Acquisition of Land and Rights

Councillor Davies owns land which crosses the path of the Tywi Valley route.

 

3.

TO SIGN AS A CORRECT RECORD THE MINUTES OF THE MEETINGS OF THE CABINET HELD ON THE:-

Additional documents:

3.1

13TH FEBRUARY 2023 pdf icon PDF 123 KB

Additional documents:

Minutes:

3.2

20TH FEBRUARY 2023 pdf icon PDF 137 KB

Additional documents:

Minutes:

4.

QUESTIONS ON NOTICE BY MEMBERS

Additional documents:

Minutes:

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

5.

PUBLIC QUESTIONS ON NOTICE

Additional documents:

Minutes:

The Chair advised that no public questions had been received.

6.

REGIONAL ADULT ADVOCACY STRATEGY pdf icon PDF 142 KB

Additional documents:

Minutes:

The Cabinet considered a report which included a new Regional Adult Advocacy Strategy for Cabinet endorsement.  The strategy that had been developed with stakeholders through the Advocacy Working Group which comprised of the membership of three Local Authorities, Health board and third sector.

 

The draft Regional Adult Advocacy Strategy aimed to shape the commissioning arrangements to meet requirements to ensure good quality advocacy is readily and equitably available to those who want, or need it, in the West Wales region of Ceredigion, Carmarthenshire and Pembrokeshire.

 

The strategy outlined five priority areas which all aimed to improve the outcomes for people who require advocacy. The priorities were defined in the light of co-productive activity to date, engagement, the Regional Population Assessment, and in response to legislative requirements.

 

UNANIMOUSLY RESOLVED that the Regional Adult Advocacy Strategy which seeks to shape the commissioning arrangements of Hywel Dda University Health Board, Carmarthenshire County Council, Ceredigion County Council and Pembrokeshire County Council in order to meet their statutory duties, be endorsed.

 

7.

ANY OTHER ITEMS OF BUSINESS THAT BY REASONS OF SPECIAL CIRCUMSTANCES THE CHAIR DECIDES SHOULD BE CONSIDERED AS A MATTER OF URGENCY PURSUANT TO SECTION 100B(4)(B) OF THE LOCAL GOVERNMENT ACT, 1972.

Additional documents:

Minutes:

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

8.

EXCLUSION OF THE PUBLIC

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.

Additional documents:

Minutes:

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.

 

9.

CARMARTHENSHIRE SUSTAINABLE COMMUNITIES FOR LEARNING (CSCFL) (FORMERLY THE MODERNISING EDUCATION PROGRAMME) YSGOL GWENLLIAN, KIDWELLY

Minutes:

Following the application of the public interest test it was RESOLVED, pursuant to the Act referred to in minute no. 8 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 significantly undermine the commercial interests of the Council in future property negotiations.

 

The Cabinet considered a report which set out a proposal in respect of the purchase of land and virement in the capital programme to proceed with a new replacement Welsh medium school for Ysgol Gwenllian, Kidwelly.

 

UNANIMOUSLY RESOLVED:

 

9.1

to proceed with the purchase of land to support the development of a new replacement Welsh medium primary school for Ysgol Gwenllian, Kidwelly;

 

9.2

That a virement in the capital programme, as detailed in the report, be approved in order to allow the purchase to be completed as soon as possible.

 

 

10.

TYWI VALLEY SHARED USE ROUTE - LAND ACQUISITION AND THE USE OF COMPULSORY PURCHASE ORDER POWERS TO SUPPORT THE ACQUISITION OF LAND AND RIGHTS

Minutes:

[Note: Councillor Ann Davies, having earlier declared a personal interest in this item, left the meeting prior to the consideration and voting thereof.]

 

Following the application of the public interest test it was RESOLVED, pursuant to the Act referred to in minute no. 8 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 undermine the Council’s position in any continuing negotiations.to purchase outstanding land pieces which will run alongside the CPO process.

 

The Cabinet considered a report which sought approval to continue land negotiations and to approve the use of Compulsory Purchase Powers (CPO) to acquire land and interests.

 

UNANIMOUSLY RESOLVED:

 

10.1

To take all necessary action to secure the making, confirmation and implementation of the Tywi Valley Shared Use Route Compulsory Purchase Order (CPO) under section 226(1)(a) of the Town and Country Planning Act 1990, Section 13 of the Local Government(Miscellaneous Provisions) Act 1976 and the Acquisition of land Act 1981 to acquire all or part of the land shown tinted pink on the Plans attached together with the acquisition of easement rights over the areas coloured blue thereon all of which are described generally in Appendix A for the purpose of delivering the shared use route.

 

10.2

In tandem with 10.1 above, the Corporate Property department to continue negotiations to acquire the land required for the Shared Use Route by agreement, if possible, including, where relevant, those parcels of land which currently do not have the benefit of planning consent for the delivery of the Scheme.

 

10.3

To confirm that the shared use route once constructed will be designated a ‘highway maintainable at the public expense’.

 

10.4

That the Director for Place and Infrastructure be authorised to:

 

i.       Settle the final form and content of the CPO and all associated documentation (including the Statement of Reasons) including minor amendments to the plans and schedules identifying the land.

 

 

ii.     Take all action needed to pursue the making of a CPO and secure its confirmation including the publication and service of all notices and the presentation of the Council’s case at any public inquiry;

 

iii.   To acquire interests in the land within the CPO either by agreements or compulsorily; and

 

iv.   Approve agreements with landowners setting out the terms for the withdrawal of objections to the CPO including where appropriate seeking exclusion of land or new rights from the CPO.

 

v.     Following confirmation of the CPO, implement the CPO powers and General Vesting Powers to acquire title to and / or take possession of the land.