Agenda and minutes

Apologies for absence were received from Councillors F. Akhtar, C.A. Davies, K. Davies, S. Davies, R. Evans, C.J. Harris, H.I. Jones, T.J. Jones, B.A.L. Roberts, E.M.J.G. Schiavone and A. Vaughan-Owen. 

The Chair extended condolences on behalf of members to Councillor Fozia Akhtar on the sad passing of her son last month and to Councillor Rob Evans on the passing of his father earlier in the day. 

The Chair also made the following announcements:-

·       Best wishes for a speedy recovery were extended to Councillor Louvain Roberts following her recent surgery and to Councillor Jim Jones who was also recuperating after recent surgery;

·       Congratulations were extended to Lyndsay Jayne McNicholl, the Manager of Llys y Bryn Care Home in Llanelli who was recently awarded a BEM in the Queen’s Birthday Honours for services to Health and Social Care during Covid-19.

·       Congratulations were also extended to the following people from Carmarthenshire who also received awards in the Queen’s Birthday Honours:-

MBE:

The Venerable Rachel Hannah Eileen Davies, Founder of Tir Diew for services to Farming in West Wales

Paul David Harries for services to Engineering and Employment in West Wales

George Parker for services to the business and community in Llanelli

British Empire Medal:

Paul Christopher Alan Buckingham for services to the NHS in Wales during Covid-19

Jack William Gibbins, Tactical Lead with St John Ambulance (Cymru) for services to the community during Covid-19

Nigel Williams for services to Local Government in Swansea during Covid-19

Phoebe Leigh McLavy, Team Member with WorldSkills UK for services to the WorldSkills Competition

·       Councillor Gary Jones thanked the following people for their help on the during the Llangennech train derailment:

­   Nicky Lloyd, Vice Chair of Llangennech Community Centre;

­   Night Manager of McDonalds for generously providing tea and coffee;

­   Jaqueline Seward, Community Councillor;

­   Alun James, Caretaker;

­   Alun Bowen, Caretaker;

­   Rob Willock, Community Councillor and

­   Councillor Gwyneth Thomas.

·       The Chair thereupon invited the Leader to address Council with an update on the Covid-19 position in the County.  The update was accompanied by a short video “Voices from the Front Line” which provided an insight into the experiences of our care home staff during the pandemic. 

UNANIMOUSLY RESOLVED that the minutes of the meeting of Council held on the 9^th September, 2020 be signed as a correct record.

The Chair advised that no public questions had been received.

“The Office of National Statistics recently reported that almost 700,000 people found themselves out of work between March and July due to Covid-19. By the end of July unemployment rose to more than 4%. With the furlough scheme expiring at the end of this month, (October 31st) it's inevitable that unemployment will increase again. We cannot hide from the bleak winter ahead. So, with this in mind, is this Authority confident there is sufficient welfare support in place for its residents, and that this support is readily available? “

“The Office of National Statistics recently reported that almost 700,000 people found themselves out of work between March and July due to Covid-19. By the end of July unemployment rose to more than 4%. With the furlough scheme expiring at the end of this month, (October 31st) it's inevitable that unemployment will increase again. We cannot hide from the bleak winter ahead. So, with this in mind, is this Authority confident there is sufficient welfare support in place for its residents, and that this support is readily available?”

Response by Councillor Emlyn Dole, Leader of the Council:-

Can I first of all thank Councillor Lenny for his question, which I welcome at this critical time. It is absolutely on point with what we have been doing, as well as what we intend to do, in terms of our recovery programme in relation to Covid 19.  That recovery programme responds to the stark reality of the impact that Covid 19 has had, and continues to have, on our economy and communities and the issues our people in Carmarthenshire will now be facing as a result. We are currently preparing a Tackling Poverty plan. Much of that will of course be around welfare support. As well as being a needs analysis it will be an action plan – what can we do to improve the situation our people are facing as well as what steps we need to take so that we can make progress and play our part in dealing with the real problems that will be facing so many people.

You will know that one of my first decisions as Leader was to overturn the decision by my predecessor to return the temporary front desk in Llanelli Town centre to Ty Elwyn. I decided that it should stay in the Town Centre and  the Hwb was established in Vaughan street providing advice and assistance to residents on a multitude of our Council services, including a cash desk, housing support, employment engagement programmes and IT facilitates to support people looking for employment, education, apprenticeships and volunteering opportunities. Hundreds of people come through the doors every week helping to drive town centre footfall. A Similar Hwb facility has since been established in Ammanford town centre and our Spilman Street offices in Carmarthen.

There are several employability support schemes being delivered in Carmarthenshire, some of which are delivered by Carmarthenshire County Council, with others being coordinated by Careers Wales under the Working Wales gateway.  Two of the schemes that we are delivering are Workways Plus and Communities for Work.

Workways + aims to increase the employability of Economically Inactive and Long Term/Short Term Unemployed people aged 25 and over, who have complex barriers to employment.  Workways+ Team cover the whole of Carmarthenshire and are based within the HWB’s in Carmarthen, Llanelli and Ammanford.  Each participant will be supported through a personalised mentoring provision, and support through Employer Liaison Officers to provide employment opportunities aligned to labour market trends.

Communities for Workfocuses on  ...  view the full minutes text for item 6.1

One Planet review request to Welsh Government

The One Planet Development(OPD) policy was implemented by the One Wales Government in 2010 and sits within Planning Policy Wales and Technical Advice Note (TAN) 6 –Planning for Sustainable Rural Communities. The policy has the commendable objective that Wales, within a generation, should use only its fair share of the earth’s resources. In principle, it conforms with our agreement at Full Council in February 2019 to declare a climate emergency and commit to making Carmarthenshire County Council a net zero carbon local authority by 2030.

In practice, however, OPD is proving problematic for three specific reasons:

1.   There's a common perception that the policy is being used to override the Local Development Plan. This has resulted in considerable resentment by rural residents who find it difficult – if not impossible – to build a new home for younger generations on their land.

2.           TAN 6 states that a new dwelling in the countryside should only be allowed to support a rural enterprise which has already been established for at least three years and proved sustainable. An OPD application is not based on a prior evidence base, but on a management plan which forecasts the development’s chances of success over a 5-year period after planning permission is granted.

3.           An annual monitoring report must be submitted to the Local Planning Authority to show compliance with the management plan. Failure to meet the terms of the plan could result in enforcement proceedings. However, monitoring compliance is proving problematic, due to the lack of expertise in LPAs.

Carmarthenshire County Council believes that the One Planet Development policy, although commendable in its intention when implemented 10 years ago, is proving problematic in practice. In view of increasing concern about the way in which this policy is being implemented, the cumulative impact of such developments, and issues with monitoring, we call on the Welsh Government to review the policy and consider imposing a moratorium on OPD applications while such a review is held. We also suggest that such a review should consider whether elements of OPD, relating to sustainable practices, might be incorporated into mainstream planning policies in a more radical way, so as to have a wider impact on carbon reduction.

[NOTE: Councillor K. Lloyd had earlier declared an interest in this item.]

Council considered the following Notice of Motion submitted by Councillor Alun Lenny:

“One Planet review request to Welsh Government

The One Planet Development (OPD) policy was implemented by the One Wales Government in 2010 and sits within Planning Policy Wales and Technical Advice Note (TAN) 6 –Planning for Sustainable Rural Communities. The policy has the commendable objective that Wales, within a generation, should use only its fair share of the earth’s resources. In principle, it conforms with our agreement at Full Council in February 2019 to declare a climate emergency and commit to making Carmarthenshire County Council a net zero carbon local authority by 2030. 

In practice, however, OPD is proving problematic for three specific reasons:-

1.      There's a common perception that the policy is being used to override the Local Development Plan. This has resulted in considerable resentment by rural residents who find it difficult – if not impossible – to build a new home for younger generations on their land.

2.      TAN 6 states that a new dwelling in the countryside should only be allowed to support a rural enterprise which has already been established for at least three years and proved sustainable. An OPD application is not based on a prior evidence base, but on a management plan which forecasts the development’s chances of success over a 5-year period after planning permission is granted.

3.      An annual monitoring report must be submitted to the Local Planning Authority to show compliance with the management plan. Failure to meet the terms of the plan could result in enforcement proceedings. However, monitoring compliance is proving problematic due to the lack of expertise in LPAs.

Carmarthenshire County Council believes that the One Planet Development policy, although commendable in its intention when implemented 10 years ago, is proving problematic in practice.  In view of increasing concern about the way in which this policy is being implemented, the cumulative impact of such developments, and issues with monitoring, we call on the Welsh Government to review the policy and consider imposing a moratorium on OPD applications while such a review is held. We also suggest that such a review should consider whether elements of OPD, relating to sustainable practices, might be incorporated into mainstream planning policies in a more radical way, so as to have a wider impact on carbon reduction.

The Motion was duly seconded.

The proposer and seconder of the Motion were afforded the opportunity of speaking in support thereof and outlined the reasons for its submission, as set out in the Motion.

A number of statements were made both in support of and against the Motion and following a vote it was

RESOLVED that the Notice of Motion be adopted.

That this Council recognises the vital contribution small businesses, the farming industry and rural enterprise has made from the onset of the Covid-19 crisis in Carmarthenshire.

Without their total commitment to deliver to our communities and their ability to adapt their working practices to cater for ever changing needs, many Carmarthenshire residents would have struggled to survive.

They have played a fundamental role in underpinning this Local Authority’s ability and determination to cope as well as it has during Covid-19.

So, we call on Carmarthenshire County Council to commit to assist and support these businesses in as many ways that it can during this unpredictable climate they find themselves, whilst also bearing in mind the unforeseeable negative impact a no-deal Brexit would have on them.

[NOTE:

·       Councillor A.G. Morgan declared a pecuniary interest in this item.

·       Following advice from the Head of Administration and Law, Councillors K. Broom, C. Campbell, J.M Charles, A. Davies, W.T. Evans, K. Howell, A. James, J. Lewis, G. B. Thomas, J.E. Williams had declared an interest in this item as set out in Minute 2.]

Following a discussion on the Motion and Amendment, Councillor James informed Council that he was withdrawing his Notice of Motion.

To comply with the Local Government Acts 1972 and 2000, and the Local Government (Wales) Measure 2011, the Council is required to review its Constitution on an annual basis and therefore established the Constitutional Review Working Group (CRWG) to present recommendations for constitutional change.

The report included amendments as recommended by CRWG which update the Council’s Constitution.  Council considered the amendments as shown in the report and highlighted within its appendices thereto:-

­   Article 6 Scrutiny Committees

­   Part 4.1 Council Procedure Rules

­   Part 4.5 Scrutiny Procedure Rules

­  Part 5.6 Protocol for Communication with Elected Members

resolved:

8.1 That the following recommendations of the Constitutional Review Working Group following its annual review of the Constitution be approved and adopted:-

a)      To amend Article 6 of the Constitution to update and ‘tidy up’ Scrutiny Remits (in accordance with a WAO Scrutiny Fit for the Future? recommendation)

b)      To recall the delegations granted to the Chief Executive, The Director of Corporate Services and the Head of Administration and Law in the Scheme of Delegation to Officers (which have never been exercised by them) with view to the function being exercised by the Executive Board (Part 3 Table 4 Responsibility for Functions and Part 3.2 Scheme of Delegation to Officers)

c)      To update Council Procedure Rules (Part 4.1) to stipulate a revised agenda order for ordinary meetings of the Council and to reflect remote attendance.

d)      To update Scrutiny Procedure Rules (Part 4.5) to reflect the advice of the Centre for Public Scrutiny that Executive Board Members should attend their respective Scrutiny Committee to present their reports and be held to account.

e)      To update Part 5.6 – Protocol for communications with elected members to reflect the decision of Council to hold paperless meetings.

8.2 That the Monitoring Officer be authorised to make any minor amendments, correct typographical or drafting errors and ensure all cross-references within the Constitution are correct and that these be reported to the Constitutional Review Working Group as and when necessary.

8.3 That subject to recommendations 1 above, the Council Constitution be adopted for 2020/21.

[NOTE: Councillor K. Madge had earlier declared an interest in this item.]

The Council was informed that the Executive Board at its meeting held on the 5^th October 2020 (minute 4 refers) had considered a report on Carmarthenshire County Council’s Annual Report for 2019/20 which was produced in accordance with the requirements of both the Local Government (Wales) Measure 2009 and the Well-being of Future Generations (Wales) Act 2015.

It was reported that the Covid-19 pandemic had impacted upon the final 6-weeks of the 2019/20 year and whilst the report outlined the timeline of the pandemic the focus of the Annual Report was on the majority of the normal business during the period.

RESOLVED that the following recommendation of the Executive Board be adopted:

“that the council’s annual report for 2019/20 be approved.”

The Council was informed that the Executive Board at its meeting held on the 21^st September 2020 (minute 10 refers) had considered the Annual Treasury Management and Prudential Indicator Report 2019-2020, which had been produced in order to comply with the CIPFA Code of Practice on Treasury Management in the Public Sector.

RESOLVED that the following recommendation of the Executive Board be adopted:

“that the Annual Treasury Management and Prudential Indicator Report 2019/20 be approved.”

The Council was informed that the Executive Board at its meeting held on the 5^th October 2020 (minute 6 refers) had considered a report on report seeking the Council’s endorsement to the Swansea Bay City Deal Joint Committee’s decision to amend Clause 7 of Schedule 12 of the Joint Committee Agreement relating to the Joint Scrutiny Committee Quorum arrangements in so far as it related to the deletion of Clause 7.1 and its replacement by the following:

“The Quorum for meetings shall be no less than 6 members, which must include at least 1 member from each of the 4 Authorities. The Joint Scrutiny Committee is not permitted to scrutinise a matter relating to a project if a member representative of the Council’s involved in that project is not present at the meeting”

It was advised that for any amendment to the Joint Committee Agreement to come into effect, it would first need to be considered by the Joint Committee and then placed before each of the 4 four local authorities to consider and adopt. In accordance with that agreement, the Joint Committee had considered the amendment on the 9^th July 2020 and it was now being presented to each of the 4 authorities for confirmation

RESOLVED that the following recommendation of the Executive Board be adopted:

“9.1  “to endorse the decision of the Swansea Bay City Region Joint Committee to amend the Joint Scrutiny Committee quorum arrangements, as detailed within the report;

9.2   to authorise the Head of Administration and Law to enter into a deed of variation to effect the changes to the Joint Committee Agreement.”

The Council was informed that the Executive Board at its meeting held on the 5^th October 2020 (minute 7 refers) had considered a report on the revised Delivery Agreement and Covid-19 Update in relation to the adoption of the Revised Carmarthenshire Local Development Plan 2018-2033.

Council at its meeting held on the 13^th November 2019 had endorsed a 6 week public consultation (subsequently extended to 8 weeks) on the Deposit Revised LDP 2018-2033 together with its supporting documents (Habitat Regulations Assessment and Sustainability Appraisal) and two draft Supplementary Planning Guidance. In addition, a 3-week consultation had been undertaken in response to the impacts of the lockdown.

The current report reflected on the implications of Covid 19 on that consultation and the current preparation of the revised LDP. It also considered the implications of the outbreak on the timetable for the adoption of the LDP and the proposal to revise the Delivery Agreement (and its component timetable and Community Involvement Scheme (CIS)) ahead of submission to the Welsh Government for Agreement.

RESOLVED that the following recommendation of the Executive Board be adopted:

UNANIMOUSLY RESOLVED that the report of the meeting of the Executive Board held on the 7^th September 2020 be received.

UNANIMOUSLY RESOLVED that the report of the meeting of the Executive Board held on the 21^st September 2020 be received.

UNANIMOUSLY RESOLVED that the report of the meeting of the Executive Board held on the 5^th October 2020 be received.

RESOLVED that Councillor Dai Thomas be appointed to fill the Plaid Cymru  vacant seat on the Community Scrutiny Committee.

The Chair stated that the minutes outlined on the agenda 12.1 – 12.4 were available for information on the Council website.

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 item as the report 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. 12 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 report contained details about potential academic partners who had not as yet signed memoranda of Understanding with the Authority.  Although the public interest would normally favour transparency and openness, this is outweighed by the public interest in maintaining confidentiality in this case until the MOUs have been signed.

[NOTE:  Councillor A.G. Morgan had earlier declared an interest in this item.]

The Council was informed that the Executive Board at its meeting held on 21^st September 2020 (minute 13 refers) had considered a report which provided provide an update statement on Pentre Awel in relation to the submission of the City Deal Business case, agreements with academic partners and phase 1 design development.

RESOLVED that the following recommendation of the Executive Board be adopted:

“That the Council: