Meeting documents

Isle of Anglesey County Council
Tuesday, 18th September, 2007

ISLE OF ANGLESEY COUNTY COUNCIL

 

Minutes of the meeting held on 18 September, 2007 (1.30pm)  

 

PRESENT:

 

Councillor W. J. Williams MBE - Chairman

 

Councillor John Roberts - Vice-Chairman

 

Councillors Mrs. B. Burns MBE, John Byast, W. J. Chorlton,

J. M. Davies, E. G. Davies, J. Arwel Edwards, Keith Evans,

C. Ll. Everett, P. M. Fowlie, D. R. Hadley, D.R.Hughes,

Mrs. Fflur M. Hughes, R. Ll. Hughes, W. I. Hughes, Eric Jones, G. O. Jones, H. Eifion Jones, J. Arthur Jones, O. Glyn Jones,

A. M. Jones, R. Ll. Jones, T. H. Jones, Bryan Owen,

R. L. Owen,G. O. Parry MBE, Bob Parry, OBE,

D. A. Lewis Roberts, G. W. Roberts, OBE, J. Arwel Roberts,  

W. T. Roberts, J. Rowlands, P. S. Rogers, E. Schofield,

Hefin W. Thomas, John Williams.

 

 

 

IN ATTENDANCE:

 

Managing Director

Corporate Director (Finance)

Corporate Director (Education & Leisure)

Corporate Director (Environment & Technical Services)

Director of Legal Services / Monitoring Officer

Head of Service (Policy)

Head of Service (Property)

Head of Service (Economic Development)

Head of Service (Housing)

Head of Service (Provider Unit)

Solicitor to the Monitoring Officer (RMJ)

Solicitor (RB)

Committee Services Manager

Communications Officer

 

 

 

APOLOGIES:

 

Councillors P.J.Dunning, G.Allan Roberts, K.Thomas

 

 

 

 

 

 

 

The meeting was opened with a Prayer by Councillor E. G. Davies.

 

1   DECLARATIONS OF INTEREST

 

Councillor E.Schofield declared an interest in respect of any item of business on the Agenda which might relate to the employment of his grandson who is employed in the Highways and Transportation Department. He also declared an interest with regard to Item 7 of these minutes and was not present at the meeting during any discussion or voting thereon. Councillor Schofield also wished it to be minuted that he had left the Chamber when Item 15 of these minutes was being discussed and voted upon.

 

Councillor G.O. Parry MBE declared an interest in respect of any item of business on the Agenda which might relate to the employment of his daughters within the Finance Department.

 
 

Councillor O. Glyn Jones declared an interest with regard to any item of business on the Agenda which might relate to the employment of his wife and daughter within the Housing and Social Services Department.
 

 
 

Councillor R.Ll. Hughes declared an interest in respect of any item of business on the Agenda which might relate to the employment of his son in the Highways Department.
 

 
 

Councillor J.A.Jones declared an interest with regard to Item 7 of these minutes and was not present at the meeting during any discussion or voting thereon.
 

 
 

Councillor Fflur. M. Hughes declared an interest with regard to any item of business on the Agenda which might relate to the employment of her son within the Education Department.
 

 
 

Councillor H.W.Thomas declared an interest in Item 7 of these minutes, remained at the meeting and wished it to be minuted that he had abstained from voting on the matter.
 

 
 

Councillor C.Ll.Everett declared an interest in respect of any item of business on the Agenda which might relate to the employment of his daughter in the Human Resources Department.
 

 
 

Councillor W. J. Chorlton declared an interest in respect of any item of business on the Agenda which might relate to the employment of his daughter in the Environmental Services Department.
 

 
 

Councillor A.M. Jones declared an interest with regard to any item of business which might relate to the employment of his brother in the Education and Leisure Department.
 

 
 

Councillor G. W. Roberts OBE declared an interest in Item 15 of these minutes and was not present at the meeting during any discussion or voting thereon.
 

 
 

Councillor W.J.Williams, MBE declared an interest in Item 15 of these minutes and was not present at the meeting during any discussion or voting thereon. The Vice-Chair took the Chair for this item.
 

 
 

Mr.J.Huw Jones, Head of Service Policy, declared an interest in Item 7 of these minutes and was not present at the meeting during any discussion or voting thereon.
 

 
 

Mrs.Sasha W.Davies, Head of Service Economic Development, declared an interest in Item 7 of these minutes , remained at the meeting but did not take part in any discussion thereon.
 

 
 

2

TO RECEIVE ANY ANNOUNCEMENTS FROM THE CHAIRPERSON, LEADER, MEMBERS OF THE EXECUTIVE OR THE HEAD OF PAID SERVICES
 

 
 

The Chair congratulated the Council on being selected as one of the finalists of the “National Training Awards” with their management development programme. The names of the winners would be announced in a special ceremony to be held at the Brangwyn Hall, Cardiff in November.
 

 
 

Congratulations were extended to the following:-
 

 
 

Ÿ

To all the pupils on the Island who had been successful in their examinations over the summer.
 

 
 

Ÿ

To Robert John Hughes from the Highways Department on gaining a First Class Honours Degree in Civil Engineering from John Moores University, Liverpool. He also received the best student of the year award.
 

 
 

Ÿ

To all those members of staff within the Council who had gained an MA in Change Management from John Moores University as well as a number of staff who had been successful in various other examinations. Also to those members of staff who were learning Welsh and had been successful in their WJEC exams.
 

 
 

Ÿ

To all those from the Island who were successful at the Island Games in Rhodes especially in the archery, sailing and athletic competitions.
 

 
 

Ÿ

All of those from the Island who were successful at the National Eisteddfod in Mold held in August.
 

 
 

Ÿ

To the Social Services Department on receiving an exceptionally good report following the Joint Review. The Auditor General for Wales, Jeremy Coleman said “Anglesey is continuing to make progress in relation to its social services, thanks to significant investment and the hard work and determination of managers and staff.”
 

 
 

Best wishes were also extended to those Members of staff taking part in the Anglesey 10km race on Sunday. They would be led by the Managing Director - Derrick Jones and would be raising money for the Chair’s chosen charities - Marie Curie, the Samaritans and the Anglesey Gateway Club.  
 

 
 

The Chair reported that the new Nant y Plas unit at Plas Crigyll, Bryngwran was officially opened on Wednesday, September 12th. The unit would offer help to patients with dementia and other forms of memory loss.
 

 
 

The Chair took the opportunity of welcoming back Councillors Elwyn Schofield and W.T.Roberts after a period of illness. He also expressed his best wishes to Councillor P. J. Dunning for a speedy recovery following his recent hospitalisation.Best wishes were also expressed to the Leader’s wife who would be receiving hospital treatment tomorrow.
 

 
 

The Vice-Chair took the opportunity of congratulating Councillor John Byast upon his recent marriage.
 

 
 

Councillor Peter Rogers referred to the success of Newborough School who had travelled to Cardiff today following their shortlisting for a Schools Council national award tomorrow. This was a great reflection on the Education Authority and the school itself.
 

 
 

The Chair referred to the sudden and sad death of Osian Roberts whilst travelling in Australia. Osian was the son of one of the Council’s homecare workers and on behalf of the Council he extended his sincerest sympathy to his family in Talwrn.
 

 
 

It was with great sadness that the Council heard about the death of Graham Kidd’s wife Eluned. On behalf of Members and Officers he expressed this Council’s sincerest condolences to Graham and his family in their tragic loss.
 

 
 

He also sympathised with any Member or member of staff who had suffered a bereavement.
 

 
 

On behalf of the Chair, Councillor R.G.Parry, OBE took the opportunity of paying tribute to former Councillor Eifion W.Griffiths who passed away recently. Councillor Griffiths retired in 1999 after one period on the County Council. Before that he was a member of the former Borough Council representing Benllech which included Brynteg. He had worked in the Religious Studies Department of the Normal College, Bangor until his retirement in 1980. He was very much respected by his fellow Councillors and Officers and was a gentleman at all times. It would be a great loss to the Benllech area and to the chapels of the County as well. The Council sympathised greatly with his wife, two sons and daughter in their loss.
 

 
 

Members and Officers stood in silent tribute as a mark of their respect.  
 

 
 

3   MINUTES
 

 
 

Submitted and confirmed, the minutes of the meetings of the County Council held on the following dates:-
 

 
 

Ÿ

1st May, 2007
 

 
 

      Arising thereon-
 

 
 

      Item 2. Announcements - Fourth paragraph.
 

 
 

Ÿ

RESOLVED to note that the Welsh version of the minute should refer to the father-in-law and not the son-in-law of Councillor Tom Jones.
 

 
 

Ÿ

RESOLVED at the request of Councillor P.S.Rogers, to note in the minutes the sad loss of the former Registrar to this Authority, Mrs. Annetta Jones. This had inadvertently been omitted from the minutes of 1st May, 2007.
 

 
 

Item 10 - Questions Received Pursuant to Rule 4.1.12.4
 

 
 

Councillor P.S.Rogers referred to the questions he had raised on notice at this Council meeting and to the decision taken by the Council on that day to suspend the rule under Para 4.1.12.4 of the Constitution that the questions be not heard.
 

 
 

He then referred to the legal advice given at the meeting by the Director of Legal Services/Monitoring Officer which stated “The Council Constitution under Para 4.1.27 did permit that all Council Rules of Procedure, except those which were statutory, could be suspended but only for the duration of the meeting. It would therefore have no effect beyond this meeting unless Council Procedure Rules were changed. This would require a further report to the Executive and full Council.”
 

 
 

Councillor Rogers sought  clarification from either the Managing Director or the Monitoring Officer as to why those questions had not been included on today’s agenda?
 

 
 

The Chair in response stated that Councillor Rogers would be provided with a written response to his question.
 

 
 

The Chair stated that he would be moving on to the next item on the agenda.
 

 
 

Councillor P.S.Rogers - “You are in breach of the constitution Mr.Chairman. I’m sorry, I’ve read this out to you.”
 

 
 

Chair - “Will you sit down please”
 

 
 

Councillor P.S.Rogers - “No I won’t, because you are in breach of the Constitution and I’m in breach of the Constitution for standing up. I think that the legal officer has got to answer this and the Managing Director. What you ought to do is to adjourn for 5 minutes to take legal advice because you are breaking the Constitution. You know very well you are, it’s written down there.”
 

 
 

Chair - “Are you accusing me of deliberately....”
 

 
 

Councillor P.S.Rogers - “ Yes, I am accusing you of being in breach of the Constitution with regard to the point I have raised.”
 

 
 

Chair - “The Chair may move that the person be not heard further. And I propose that. Is there a seconder?”
 

 
 

Yes.
 

 
 

Chair - “Will you show. Carried.”
 

 
 

Ÿ

1st May, 2007 (Annual Meeting)
 

Ÿ

31st May, 2007 (Extraordinary)
 

 
 

 
 

 
 

 
 

 
 

4      TREASURY MANAGEMENT POLICY AND STRATEGY INCLUDING THE ANNUAL  REPORT 2006/07
 

 
 

Reported by the Corporate Director (Finance) - That according to the Council’s Constitution and other statutory and professional requirements, certain aspects relating to the Council’s borrowing and lending plans, limits and other arrangements must be decided by the County Council.
 

 
 

As a result of the review of 2006/07 in the annual report, and of decisions made or issues arising this year so far, the Corporate Director had advised the Executive on 10 September, 2007, that certain changes were required to the plans and limits for the current year and to the Approved Lending List. These were now brought to the County Council for confirmation.
 

 
 

A request was made from the floor to defer consideration of the report pending the outcome of an investigation that was being held with regard to the acquisition of a property in Amlwch, which was referred to under Para 3.3 (Unsupported Borrowing) of the report of the Corporate Director (Finance).
 

 
 

The Corporate Director stated that this report updated Council Plans on decisions that had already been taken and which by now were a matter of fact. Any further decisions taken today as regards the purchase of the property in Amlwch did not change the situation in terms of borrowing plans. He therefore requested Council approval for the borrowing plans without prejudicing any other discussion taken today. If Members were unhappy with this course of action he recommended that the Council approve the      remainder of the report.
 

 
 

It was proposed and seconded from the floor that a recorded vote be taken as to whether or not the report be accepted. Under the provisions of Council Rule 18.5 it was agreed that a recorded vote be taken on the matter.
 

 
 

Councillor P. M. Fowlie was of the opinion that everybody who had been involved with the decision of the Executive on 16th July, 2007, with regard to the acquisition, should declare an interest and not take part in any voting today. He sought legal clarification from the Monitoring Officer in this respect.
 

      
 

The Monitoring Officer in reply stated that the report before Council today on the acquisition was for information purposes as it was an event that had already occurred. The decision was taken by the Executive on 16th July, the property acquired on 19th July and completion was on 23rd August, 2007. In her opinion there was no decision to be made today which would prejudice the Chair of the Council. It was a matter for the Chair to decide but certainly it was not her advice that he should declare an interest.
 

 
 

The Leader proposed that in order to progress matters, that Recommendation ‘c’ contained within the Director’s report on Treasury Management be deleted and that the Council accept the remainder of the report. There would then be a discussion on the matter under Item 15  of the Agenda.
 

 
 

It was agreed to such course of action and that a recorded vote be taken.
 

 
 

The voting was as follows:-
 

 
 

Councillors Mrs.B.Burns,MBE, J.Byast, W.J.Chorlton, J.M.Davies, E.G.Davies, J.A.Edwards, K.Evans, C.Ll.Everett, P.M.Fowlie, D.R.Hadley, D.R.Hughes, Fflur M.Hughes, R.Ll.Hughes, W.I.Hughes, Eric Jones, G.O.Jones,H.E.Jones, J.A.Jones, O.G.Jones, R.Ll.Jones, T.H.Jones, A.M.Jones, B.Owen, R.L.Owen, R.G.Parry, OBE, D.A.Lewis Roberts, J.A.Roberts, J.Roberts, W.T.Roberts, P.S.Rogers, J.Rowlands,  H.W.Thomas, J.Williams,W.J.Williams.                                                      Total    (34)
 

 
 

(Councillor G. W. Roberts,OBE, wished it to be noted in the minutes that he had abstained from voting on this matter).
 

 
 

(Councillors G. O. Parry,MBE  and E. Schofield wished it to be recorded in the minutes that they had not taken part in any discussion and had abstained from voting on the matter).
 

 
 

RESOLVED
 

 
 

Ÿ

To note the Treasury Management report for 2006/07.
 

Ÿ

To approve the amendments to the Prudential Limits for the current year.
 

Ÿ

To approve the amended “Approved Lending List”.    
 

 
 

Councillor P.S.Rogers - “I cannot accept that under that Item there you were asked to take instruction from the Legal Officer and the Managing Director, which you did. When I asked you on the point I raised you did not take any advice and yet their advice is in the minutes. You cannot just say you are going to send me a response, it has got to be done today - there isn’t any room in the Constitution to report back to me in writing. You have got to decide today or go against the Constitution.”
 

 
 

Chair - “Item 5”
 

 
 

Councillor P.S.Rogers - “I’m terribly sorry, you cannot act in this way.”
 

 
 

Chair - “Will you sit down.”
 

 
 

Councillor P.S.Rogers - “You have an obligation to respond to me.”
 

 
 

Chair - “Item 5.”
 

 
 

5      SCRUTINY/OVERVIEW COMMITTEES - ANNUAL REPORT 2006/07
 

 
 

Reported by the Chairperson of the Principal Scrutiny Committee - That under Article      6 of the Council’s Constitution an Annual Report needed to be submitted to the Council on the work of the Overview and Scrutiny Committee. This Annual Report encompassed the period between the Council’s Annual Meeting on the 2 May, 2006 and 1 May, 2007.
 

 
 

The report was produced with the co-operation of the Chairperson and Vice Chairpersons of the Overview and Scrutiny Committees.
 

 
 

The Chairperson remained concerned that the Constitution at present allowed a Member or Chair/Vice-Chair of the Scrutiny Committee to put an item on the agenda and that the Committee would thereafter decide as to whether or not to scrutinise the matter. This with the present Committee cycle could take anything up to 4 months before it was finally discussed. This process needed to be amended within the Constitution as a matter of urgency.
 

 
 

The Managing Director in reply stated that he was aware of the problem and that Officers were investigating means of amending the Constitution to overcome such delay.  
 

      
 

Resolved to approve the content of the Overview and Scrutiny Committees Annual report for 2006/07.
 

 
 

6

CHANGES TO THE COUNCIL CONSTITUTION
 

 
 

6.1

CHANGES TO THE ACCESS TO INFORMATION PROCEDURE RULES
 

 
 

Reported - That the Executive upon consideration of the above at its meeting on 10 September, 2007, had resolved to recommend to the County Council:-     
 

           
 

“That it replaces the Access to Information Procedure Rules (4.2) with the                new Rules, reflecting the current legal position, as set out in Appendix A to                the report.”
 

 
 

The Director of Legal Services/Monitoring Officer took the opportunity of advising Members that the report related to legal changes taking place which would have an impact on how the Council’s Committees dealt with excluding the press and public from confidential items. At the moment, Committees had to identify the reason for exclusion and then Members voted on whether or not that was sufficient cause to exclude. The new regulations meant that Committees would also have to apply a Public Interest Test when they applied an exclusion, unless they were receiving legal advice in which case there was no need for such Test.
 

 
 

In practice, what this meant, was that the officer preparing a report likely to be excluded by the Committee, would also prepare a Public Interest Test which would appear with the agenda papers. The Test would be open to public inspection but not the report. The Committee would then have to look at the Test and decide whether they accepted it before excluding the press and public.
 

 
 

Resolved to endorse the above recommendation of the Executive and amend the Council Constitution.               
 

      
 

6.2      PLANNING DEPARTURE APPLICATIONS (PWC REPORT)
 

 
 

Reported - That the Executive upon consideration of the above at its meeting on 10 September, 2007, had resolved to recommend to the County Council:-
 

 
 

“That it changes the Constitution as indicated by the proposed changes referred to in Appendices 1 and 2 of the report.”
 

 
 

Reported - That in December, 2006 the Council received a report, "Review of Departures from Plan within the Planning Control Service", from its external auditors Pricewaterhouse Coopers LLP (PwC).  That report made 8 specific recommendations which were then variously taken up by the Planning Service in its "Improvement Action Plan".  This Plan was the basis for discussions with Members at an informal meeting held on 5 June, 2007.  Both the PwC report and the "Improvement Action Plan" had been sent to Members.
 

 
 

The recommendations of PwC (recommendation 5, 6 and 8) were detailed within the report to this Committee.
 

 
 

Resolved
 

 
 

Ÿ

To accept Recommendation R5 “Responsibility of the Chairperson” as set out under Appendix 1 of the report and to amend the Constitution.
 

 
 

Ÿ

That Recommendation R6 “Decisions Contrary to Officer Recommendation” be dealt with under Item 10.2 of these minutes (Notices of Motion)
 

      
 

Ÿ

To accept and to amend the Constitution with regard to Recommendation 8 “Departure Applications” as set out under Appendix 2 of the report, subject to the following conditions:-    
 

      
 

Ÿ

This constitutional change shall be reviewed by full Council after a 12 month period from the date of this Council meeting.
 

 
 

Ÿ

That the Council immediately establish a Panel of Members to scrutinise all planning decisions made by Officers under delegated authority including applications taken to Appeal.    
 

      
 

     (Councillor E.Schofield wished it to be minuted that he had abstained from voting on this matter)
 

 
 

 
 

 
 

6.3      WORK TRAVEL BY OFFICERS
 

      
 

     Reported - that the Executive upon consideration of the above at its meeting on 10 September, 2007, had resolved to recommend to the County Council that it revises paragraph 3.5.2.8 on page 51 of the Constitution to read as follows:-
 

      
 

     “To approve the attendance of employees at conferences, training courses and professional meetings within the United Kingdom and Ireland, an approval for such attendances outside the United Kingdom and Ireland to be given by the Managing Director, in consultation with the Leader where practicable.”
 

      
 

     Resolved
 

      
 

Ÿ

To approve the above amendment to the Constitution subject to the deletion of the words ‘where practicable’ at the end of that paragraph.
 

 
 

Ÿ

That a quarterly report be submitted by Officers to the Audit Committee detailing where Members and Officers have travelled to on Council business.
 

           
 

     (Copies of the above reports (6.1 - 6.3 above) were previously issued to all Members as part of the papers to the Executive meeting held on 10th September, 2007).
 

      
 

7      SUPPLEMENTARY PLANNING GUIDANCE - HOLIDAY ACCOMMODATION
 

      
 

     Reported that the Executive upon consideration of the above at its meeting on 23rd July, 2007, had resolved as follows:-
 

      
 

     “To recommend to the County Council that it adopts the SPG on Holiday Accommodation.”
 

      
 

     Resolved to endorse the above recommendation of the Executive in this respect.
 

      
 

8      SUPPLEMENTARY PLANNING GUIDANCE - PLANNING AND THE WELSH LANGUAGE
 

      
 

     Reported that the Executive upon consideration of the above at its meeting on 23rd July, 2007, had resolved as follows:-
 

      
 

     “To recommend to the County Council that it adopts the SPG on ‘Planning and the Welsh Language’ with the proviso that language statements be requested with planning applications from 1st November, 2007 and Language Impact Assessments on relevant applications from the same date.”    
 

      
 

     Resolved to endorse the above recommendation of the Executive in this respect.
 

      
 

9

SUPPLEMENTARY PLANNING GUIDANCE - HOLYHEAD TOWN CENTRE CONSERVATION AREA MANAGEMENT PLAN
 

      
 

     Reported that the Executive upon consideration of the above at its meeting on 21st May, 2007, had resolved as follows:-
 

      
 

     “To approve the Holyhead Town Centre Conservation Area Management Plan and to support the submission of the document to the next Full Council for adoption as Supplementary Planning Guidance.”
 

      
 

Councillor Everett expressed his thanks to the Department for the hard work in this respect but expressed concern that although the Swift Square toilet block at Holyhead had been redeveloped, there were no signs in the town to inform the public of its wherabouts or any signs on the building itself.
 

      
 

The Portfolio Holder, Councillor H.W.Thomas gave his assurance to the Member that he would investigate this matter.
 

      
 

     Resolved to endorse the above recommendation of the Executive in this respect.
 

 
 

10      NOTICES OF MOTION IN ACCORDANCE WITH PARA 4.1.13.1 OF THE CONSTITUTION
 

      
 

     The following Notices of Motion were submitted by Councillor J. A. Jones:-
 

      
 

     1. That all applicants, without exception, for planning permission or their appointed agents may if they wish address the Planning & Orders sub committee on their application. They shall be afforded up to 3 minutes to address the sub committee, however, the Chairman may at her/his discretion allow further time. Members of the Planning Committee may through the Chairperson ask questions of the applicant/ agent. When an applicant or their agent exercises this right to address, then in those cases only, any objectors to that application shall also be allowed to      address the sub committee on material planning matters only. Regardless of the number of objectors, the time afforded to address the sub committee will not exceed 3 minutes. No questions shall be put to the objectors and they for the record each will be required to provide their name and address. This provision to commence at the first Planning & Orders sub committee in 2008.
 

      
 

     The Portfolio Holder, Councillor H.W.Thomas stated that he felt that the Notice in question was premature, in that the Planning Committee at it’s last meeting decided to nominate one member from each political group within the Council to visit another Authority to see how it dealt with the question of public speaking. A full report should then be presented by officers to the Executive which would then make its recommendations known to the County Council in December. He felt that this would be the safer option.
 

      
 

     Councillor R.G.Parry,OBE, supported the Portfolio Holder in this respect but proposed an amendment to the effect that the report in question should be brought back to the LDP Panel and that the Panel would then forward it’s recommendations to the County Council.
 

      
 

     Councillor H.W.Thomas as Chair of the LDP Panel stated that he was agreeable to such course of action.
 

      
 

     RESOLVED that a report on public speaking be brought back by the relevant officers to the LDP Panel and that the Panel be asked to formulate recommendations in this respect to the County Council meeting in December.
 

 
 

     2. That from the date of this meeting no Planning application, that is approved or refused by the Planning Committee and is contrary to officers recommendation, shall be brought back to the next or any committee meeting for reconsideration of the original decision. This policy shall have a 12 month      trial period after which time the matter shall be reconsidered.
 

      
 

     RESOLVED not to accept the above Notice of Motion and by default to accept Recommendation R6 “Decisions Contrary to Officer Recommendation” as set out under Appendix 1 of the PWC report (referred to under Item 6.1 of these minutes) and to amend the Constitution.
 

      
 

     3. That this Council notifies Norwich Union Insurance that it proposes to seek alternative insurance providers for its Council tenants and preference may be given to those who are represented locally.
 

     The Portfolio Holder, Councillor W.J.Chorlton stated that there was only 2 years left to run on this contract. Whilst a contract existed between the Council and the current insurers, Council tenants were not obliged to insure with them. Tenants were at liberty to find their own insurance with their preferred company if they so wished. He was however, prepared to look at this and bring a report back. Members felt that whoever was awarded the contract in future, should be encouraged to open a local branch on the Island. The difficulty experienced by Council tenants seeking insurance cover for broken windows  was also highlighted.
 

      
 

     RESOLVED that the Portfolio Holder for Housing be requested to report back to the Council in due course on this matter.
 

      
 

     4. That from the date of this meeting all members shall if requested receive confirmation in writing of all tenancies let in their ward together with in each case full details of points awarded including total points, current address of applicant(s) (area only), number in family, property type allocated and time on waiting list.
 

      
 

     Some of the Members were of the opinion that it was important that the information provided to them should show the number of points, including total points. The Portfolio Holder, Councillor W.J. Chorlton, stated that the Council had to be careful as to what could be released in case it contravened the requirements of the Data Protection Act and he proposed that there be no change to the present system.
 

      
 

     The Director of Legal Services/Monitoring Officer stated that it was perfectly reasonable for a Councillor to ask for information in a specific case if he had a dispute or a dissatisfied member of his/her electorate. It was also reasonable for members to speak to people who were disaffected and explain that they had looked at the circumstances and that they were satisfied that the points had been allocated fairly and properly. However, sharing information about a third party, with someone unhappy with an allocation, would be a breach of the Data Protection Act. Medical information falls under the definition of sensitive personal data which makes it an even greater breach of the legislation if released to third parties.  
 

      
 

     RESOLVED to adhere to the present arrangements as detailed in the published Housing Allocations Policy.
 

      
 

     (Councillor P.M.Fowlie wished it to be noted in the minutes that he had not voted on this matter in view of the fact that he had not been present in the Chamber during the discussion thereon)
 

 
 

     5. That this Council writes to the Prime Minister and to the First Minister suggesting in the strongest possible terms that the bureaucratic burden on the farming industry is reduced to a level that is acceptable to farmers and which is conducive to making the industry more effective and efficient  in terms of producing food not paperwork.
 

      
 

     Councillor P.M.Fowlie requested legal clarification as to whether or not those Members involved in the farming industry were required to declare an interest in the matter?
 

      
 

     The Director of Legal Services/Monitoring Officer in reply stated that those Members involved in farming were entitled to remain, discuss and vote on the matter.
 

      
 

     RESOLVED to accept the Notice of Motion and that the Chair of the County Council be requested to write in this respect to the Prime Minister, First Minister and Europe.  
 

 
 

     6. That this Council removes the following words (highlighted) from the Draft Interim Planning Policy and the Revised Document dated August 2007; ‘The proposed dwelling will be occupied by a local person ‘who does not already have a suitable home in the area’.
 

      
 

     RESOLVED to accept the above Notice of Motion .
 

 
 

     7. That this Council amends the Constitution as follows:-
 

      
 

     Paragraph 4.6.4.3(iii) to the effect that; ‘Councillors who are members of the Planning Committee may discuss any planning application in their ward with any person(s) including the applicant(s) or objector(s) prior to determination by the Planning Committee but that they shall not give any indication of having reached a conclusive view on it until all matters have been put before the Committee’. The ward member will inform the Committee that discussions have taken place with interested parties. If the ward member decides to make known her/his conclusive views before the matter is considered by the Planning Committee then they may address the Committee on the application but not vote.
 

      
 

     The Portfolio Holder, Councillor H.W.Thomas supported the Notice in that it would allow the local member to familiarise themselves with the application in hand and that they would then be able to reach a balanced decision provided that they did not give any indication at all of any pre-determination.
 

      
 

     The Director of Legal Services/Monitoring Officer  stated that one element of the proposal (the last sentence of the paragraph) was not a proper reflection of the legal position as far as the local member was concerned. A local member was allowed to be lobbied and to meet with applicants, objectors, agents and the like, but local members should not express an opinion until the application was considered at Committee and they had heard all the arguments and seen all of the reports. Case law stated that  if people influence a decision, even though they were not actually voting on it themselves, and that they did so with a taint of bias (i.e they had already made up their minds before seeing the evidence), that could be a basis for overturning a decision. She recommended that  the Council should remove this element of the Notice of Motion.
 

      
 

     She also expressed concern that such Notice would expose the members of the Planning Committee to a great deal of lobbying from their constituents and raised the risk of challenge and complaint against those members even if such complaints were not justified. The other issue was what did it actually add to the process, since the local member was allowed to be lobbied and could make views known at Committee. If public speaking was to be adopted then this in itself would address some of these concerns.
 

      
 

     The Leader proposed that in view of the legal opinion given that the matter should be referred to the LDP Panel for consideration and that it reported back to the Council in due course.
 

      
 

     The Portfolio Holder, Councillor H.W.Thomas was happy to accept this course of action.
 

      
 

     RESOLVED that the matter be referred to the LDP Panel for consideration and that the Panel thereafter report back to the County Council in due course with its views.
 

 
 

11      QUESTIONS RECEIVED PURSUANT TO RULE 4.1.12.4
 

      
 

     The following questions were put by Councillor G.O.Parry, MBE:-
 

      
 

     1. To the Leader of the Council:-
 

      
 

     Executive Meeting July 23rd, 2007 Item 6
 

      
 

     The item discussed proposals relating to the Britannia Bridge.
 

      
 

     "In view that the Council has submitted an application for the Telford Suspension Bridge and the Stephenson Britannia Bridge to be included on a list of World      Heritage Sites, has the Executive explored the possibility that structural changes to the bridge would negate such an application?
 

      
 

     If not, would it be reasonable for it to consider such contact with the organisation that determines these applications before moving forward with current proposals to widen the roadway?"
 

      
 

     The Leader in reply stated: “ The resolution to submit both Menai and Britannia Bridges as possible sites for inclusion on the list of World Heritage Sites as part of the Unitary Development Plan process was stopped when the Council decided not to proceed with the UDP. The application was therefore not submitted.”
 

 
 

     Councillor G. O. Parry, MBE “I am surprised that the UDP had stopped such an important application and I therefore request that the Council decide today that we re-apply for the two bridges to be listed as World Heritage Sites “
 

 
 

 
 

 
 

 
 

     The Leader in reply stated:-”Britannia Bridge is a listed structure and this would have to be taken into consideration if there was any proposal to improve traffic flow to and from the mainland. Plans are being considered for the Britannia Bridge by WAG and this Council. We must maintain the character of the bridge. The point you make is fair, we must look after the bridges. There is an emergency meeting of the County Council next month and perhaps the matter of listing could be  raised at that meeting.”
 

      
 

     Councillor G.O.Parry, MBE was happy to follow such course of action.
 

      
 

     RESOLVED that if the Constitution permits, a report on the question of listing both bridges as  World Heritage Sites be considered at the extraordinary meeting of the County Council on 18th October, 2007.
 

 
 

     2. To the Managing Director or if not appropriate to the Leader of the Council:-
 

      
 

     Executive Meeting 30 July, 2007 Item 2 - SDS Successor Arrangements
 

      
 

     a) “How was an available budget of £175,500 towards grant aiding pump priming schemes aimed at supporting voluntary and community organisations inadvertently not discussed during the financial year 2006-2007?”
 

      
 

     The Leader in reply stated:-”The Member appears to have misread the minutes of the 30th July. At it’s meeting on 30th July, 2007, the Sub-Committee agreed a package of grants from 2007/08 budgets according to normal timetables. This was also done in the summer of 2006/07. The only reference in the minutes to 2006/07 was the ‘power to act’ which had been delegated in that year, but had inadvertently not been put in place for the current year. This omission gave rise to the need for an urgent item on 30th July, 2007 to confirm the decision of the Sub-Committee in respect of 2007/08.”
 

 
 

     Councillor G.O.Parry, MBE “Thank you.”
 

           
 

     b) How was the Economic Development Unit, on an island where the GDP is continuing to fall, able to accrue funds through slippage and transfer £50,000 to a project with no clear major employment outcomes?
 

      
 

     The Leader in reply stated:- “If we as a County Council want to develop tourism and businesses on the Island, there are different packages, sometimes employment, sometimes development to achieve this. We did this to develop the Amlwch Port scheme where for a £50k contribution from this Council, the Amlwch Heritage Trust would hopefully be able to draw down £1.4m match funding. This in itself will contribute to raising the Island’s GDP.”
 

 
 

     Councillor G. O. Parry, MBE replied “ I support  investments, we must have it. One problem which we encountered with Objective 1 was that the complexity of the forms put the private sector out of the equation. Under convergence we must simplify the process and promote local companies/businesses who are prepared to invest. I asked this on numerous occasions at the WLGA when I was Leader of the Council, that we simplify the process as they have done in Ireland in order to facilitate matters for everybody.”
 

      
 

     The Leader replied “ I agree with Councillor Parry. We cannot get answers from Cardiff on any convergence matters. There is a danger that the private sector do not get the support.”
 

 
 

     3. The following question was put by Councillor A. Morris Jones to the Leader of the Council:-
 

      
 

     “Following receipt of the comprehensive report recently received by all members of the County Council from the Line Amlwch Group when will you be able to respond to the full Council on the matter raised in their report that contradicts the previous report to the Council in this respect on the 6th March, 2007”
 

      
 

     The Leader in reply stated ”Thank you for your question. The full Council at its last meeting reached a full and proper decision on its preference for the future use of this Line.”
 

      
 

     Councillor A.Morris Jones “Can you confirm Sir, is there an investigation into this report at the moment and by whom?”
 

      
 

     Leader “Thank you for your supplementary question. I will furnish you with the appropriate answer in due course in writing.”
 

      
 

     Councillor A.Morris Jones “Mr.Chairman, it’s quite simple. Yes or No. We live in an age where we try to save paper. Surely Mr.Leader, you have answered the rest of the questions today. Can you answer mine please. Is there an investigation. Yes or No?”
 

      
 

     Chair - “ The Leader has given you his reply.”
 

      
 

     Councillor A.Morris Jones “ Thank you Sir. Openness and transparency, we heard about this earlier. It’s a shame it’s not true with every matter. One other point I would make, no it’s to do with this matter.”
 

      
 

     Chair “Let us keep to the rules, I’m sure you respect those as well.”
 

      
 

     Councillor A.Morris Jones “ It’s a Point of Order, Mr. Chairman.”
 

      
 

     Chair “There are no further questions to be on this.”
 

      
 

     Councillor A.Morris Jones “The point is this. It’s exactly a year since we have been prevented from asking questions.”
 

      
 

     Chair “Thank you.”
 

      
 

     Councillor A.Morris Jones “Just note that point.”
 

      
 

     4. The following question was put by Councillor T. Jones to the Portfolio Holder for Property:-
 

      
 

     Why is the smallholdings estate not included within the Council’s corporate asset management scheme?
 

      
 

     The Portfolio Holder in reply stated “ I understand that all Members of the Council have been provided with a copy of the Council’s draft Asset Management Plan. Members will know therefore, that there is reference within the Asset Management Plan to the Smallholdings Estate. The Asset Management Plan is a high level document which will provide the framework for reviewing all Council properties but does not attempt to set out detailed policies for each of the Portfolios.”
 

      
 

     The Director of Legal Services/Monitoring Officer provided clarification to Members in that certain decisions were reserved to full Council, others to Members or Committees and that the Executive dealt with the remainder. Those reserved to full Council were things that had to be dealt with by the Council but also things that were discretionary. The Smallholdings Reorganisation Plan would actually fall under the discretionary type of decisions. The Council could be in charge of smallholdings policy but it did not adopt it at the time it adopted the Constitution. The Asset Management Plan was a high level document with references in it to other properties within the Council, eg schools, leisure centres, etc. These also had separate policies just like smallholdings. It was not a matter in the Constitution reserved to full Council but there was a procedure that could be followed to bring it to full Council if that was the wish of Members.
 

 
 

     The following supplementary question was put by Councillor T. Jones:- “It’s obvious there is confusion here. We as a Council must clarify the situation. I believe a decision was made in the Executive on 21st May 2007. The minutes to that Committee referred that there was general agreement about raising the level to 40 acres. We have all received letters from the Young Farmers Movement which absolutely contradicts that. They say that there were no meetings with the NFU and the Young Farmers. There was a meeting with the FUW but there was no reference to the 40 acres.
 

      
 

     Following the decision of the Executive are you as Portfolio Holder going to give an opportunity to the 8 young people that tried for the tenancy of Chwaen Newydd, Llanddeusant? They don’t mind the bueaurocracy at all, all they are asking you as a Council is to give them an opportunity for the tenancy of this farm.”
 

      
 

     The Portfolio Holder, Councillor H.W.Thomas replied “The decision has been made by the Executive. Of course, there was another holding of the same size a couple of months earlier. We did contact the local member and the local member through delegation was happy for us to sell that, even though it was the same number of acres. You must accept that. It’s a fact.
 

      
 

     I can confirm that a Panel will be established to look at Smallholdings. There will be contact with the NFU, FUW, CLA, Young Farmers, whoever you want to bring in. We will take an opinion, but at the end of the day it is us as a Council who will decide. I will be asking the Leader to set up this Panel as a matter of urgency. The Smallholdings Estate is a concern to us all. We all want to promote our young people and their chances but out of the last 2-3 large farms which have been let, no one from the smallest of our smallholdings have asked to transfer to them. I will look at it. Farming is in my blood and I do want to see young people having the opportunity.”
 

      
 

12      DELEGATIONS BY THE LEADER
 

      
 

     Submitted -  A report by the Managing Director setting out any changes to the scheme of delegation relating to Executive functions made by the Leader since the last Ordinary Meeting (Rule 4.4.1.4 of the Executive Procedure Rules - Page 131 of the Constitution referred).
 

      
 

     Resolved to note the information contained within the report.
 

           
 

13      EXCLUSION OF THE PRESS AND PUBLIC.
 

           
 

     Resolved that under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during discussion on the following item only as it involved the likely disclosure of exempt information as defined in Paragraphs, 7,8,9 & 10 of Schedule 12A of the said Act”.
 

      
 

14      REVIEW OF CWMNI GWASTRAFF MÔN ARFON
 

      
 

     (Prior to the meeting, those 7 Members serving on the Cwmni Gwastraff Joint  Committee had been given legal advice by the Monitoring Officer that with regard to this matter, it was in order for them to remain at the meeting, contribute to the discussion, but not take part in any voting thereon).
 

      
 

     Submitted a joint report by the Corporate Director (Environment & Technical Services), Corporate Director (Finance) and the Director of Legal Services /Monitoring Officer on the latest position regarding the review of Cwmni Gwastraff Môn-Arfon.
 

      
 

     Councillor R.G.Parry, OBE as Chair of the Cwmni Gwastraff Joint Management Committee provided the Council with a breakdown of the position to date.
 

           
 

     RESOLVED
 

      
 

Ÿ

To accept the Phase 1 interim update report by KPMG, which was presented to the Cwmni Gwastraff Môn-Arfon Joint Committee on 23 July, 2007, as a basis for undertaking a Members Voluntary Liquidation of Cwmni Gwastraff Môn-Arfon.
 

 
 

 
 

 
 

Ÿ

To delegate to the Isle of Anglesey Members of the Cwmni Gwastraff Môn-Arfon Joint Committee the authority to instigate a Members Voluntary Liquidation of Cwmni Gwastraff Môn-Arfon, including the appointment of a Liquidator and to vote thereon at the next meeting of the Joint Committee.
 

 
 

Ÿ

To authorise the Director of Legal Services, in consultation with the Corporate Director (Environment & Technical Services) and the Corporate Director (Finance) to enter into all necessary legal documentation, including a Separation Agreement, in order to effect the terms of the Members Voluntary Liquidation.
 

      
 

15      ACQUISITION OF PROPERTY
 

      
 

     (Although this matter had been marked down as a confidential report on the agenda, the Council on the day decided that in the interests of openness and transparency that the item should be taken in public).
 

      
 

     In accordance with Para. 4.5.16.10 of the Council Constitution, the Head of Service (Property) reported that following consideration in relation to a prospective purchase at auction of land which would be of strategic value to the authority, the need for a formal decision and budget for the purpose was identified.
 

      
 

     Following a meeting of relevant officers on 9th July, 2007 the need for an urgent decision of the Executive was identified to ensure that officers had authority to proceed at the auction on 19th July, 2007.
 

      
 

     A report was submitted by the Corporate Director Environment and Technical Service to a meeting of the Executive held on 16th July, 2007.
 

      
 

     The Council’s Monitoring Officer raised concern regarding the manner in which the meeting was conducted and subsequently the issue was reported to the Executive on 10th September, 2007, when it was resolved “following consideration of the report of the Director of Legal Services / Monitoring Officer, to approve the minutes and ratify the decision of the meeting of the Executive held on 16th July, 2007.”   
 

 
 

     It was proposed and seconded that in view of the fact that an investigation was being undertaken by the District Auditor, that the report be deferred pending the outcome of that investigation. Legal clarification was sought as to whether the members of the Executive who took the decision on 16th July, 2007, should declare an interest in the matter and retire from the Chamber.
 

      
 

     The Director of Legal Services/Monitoring Officer in reply stated that whether in public or private, the  item was on the agenda because the Council under the Constitution needed to be notified of a decision that was taken which was not subject to call-in. The report was not for debate or discussion but was simply to be received by Council.
 

      
 

     As to the question of declaring an interest she stated that if what was being reported was simply the passive receipt of a report, then she did not think that those taking part in the decision needed to declare an interest and leave. If, however, the Council was going to debate the merits of the matter before the report by PWC was published, while she strongly advised against that, if it were the case, then those that took part in the decision would have to declare an interest and withdraw.
 

      
 

     Councillor C.Ll.Everett proposed (and it was seconded) that following the strong advice given by the Monitoring Officer and supported by the Managing Director today, that the Council accept the report as written.
 

      
 

     Under the provisions of Council Rule 18.5 it was agreed that a recorded vote be taken on the matter.
 

      
 

     For the amendment put forward by Councillor C.Ll.Everett (i.e. to accept the report):-
 

      
 

     For: Councillors Mrs.B.Burns,MB, J.Byast, W.J.Chorlton, J.M.Davies, K.Evans, C.Ll.Everett, D.R.Hadley, D.R.Hughes, G.O.Jones, H.E.Jones, J.A.Jones, D.A.Lewis Roberts, J.A.Roberts, J.Roberts, W.T.Roberts, J.Rowlands, H.W.Thomas, J.Williams.                      Total 18
 

      
 

     Against: Councillors E.G.Davies, J.A.Edwards, P.M.Fowlie, Fflur M.Hughes, R.Ll.Hughes, W.I.Hughes, Eric Jones, O.G.Jones, R.Ll.Jones, T.H.Jones, A.M.Jones, B.Owen, R.L.Owen, R.G.Parry,OBE, P.S.Rogers.                                                                                                         Total 16
 

      
 

     Abstentions: None.
 

      
 

     The amendment was therefore carried.
 

      
 

     RESOLVED  to accept  the contents of the report.
 

      
 

      
 

                         The meeting concluded at 5.30 pm
 

      
 

      
 

     COUNCILLOR W.J.WILLIAMS,MBE
 

     CHAIRPERSON