Agenda and minutes

To submit for confirmation, the draft minutes of the meeting of the County Council held on 28^th February, 2018.

The minutes of the meeting of the Isle of Anglesey County Council held on 28th February, 2018 were confirmed.

To receive any declaration of interest from any Member or Officer in respect of any item of business.

None received.

The Chair made the following announcements :-

·  Congratulations was extended to Mrs Carys Edwards who has been appointed as the new Head of Corporate Transformation.

·  Congratulations was extended to Mr Dennis Williams from Llanfairpwll and Dr Haydn Edwards from Llangefni who have received the honour of being received to the Gorsedd of the Bards of the National Eisteddfod.

·  Congratulations was extended to Beaumaris Band who came 3rd in Europe at the European Youth Brass Band Championships in Utrecht in the Nerthlands and also to Merin Lleu for winning the prize for the best soloist.

·  Best wishes was extended to everyone who will be competing at  Eisteddfod Môn, the Urdd Eisteddfod, the Royal Welsh Show and the  National Eisteddfod together with the Anglesey Show.

·  Anglesey will be hosting the 2019 Island Games’ Football Tournament. Anglesey has agreed to hold the unofficial football tournament in its bid to hold the 2025 Island Games.

The Chair wished to thank the staff of the County Council, Biffa and all the volunteers who have recently been assisting the clean-up on the Island’s beaches following the recent damage at Holyhead Marina.

*          *          *          *

Condolences were extended to Councillor John Griffith and his family following their recent bereavement.

Condolences were extended to any Member of the Council or staff who had suffered bereavement.

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

To note that two petitions have been received in accordance with Paragraph 4.1.11 of the Constitution.

The Chair said that 2 petitions had been received in relation to the Schools Modernisation Programme – Llangefni Area (Corn Hir, Bodffordd and Henblas).  A petition of 43 signatories was received against the closuree of Bodffordd Primary School and a petition of 107 signatories was received against the closure of Henblas Primary School.  The two petitions were considered as part of the statutory consultation report submitted to the Corporate Scrutiny Committee held on 23 April, 2018 and the Executive held on 30 April, 2018.

To consider the Council Leader’s Annual Report in accordance with paragraph 4.1.16 of the Constitution.

The Annual Report by the Leader of the Council for 2017/18 was presented.

The Leader of the Council provided highlights of the progress that was achieved in the preceding year as follows :-

·      An additional portfolio has been established to address the immense challenges and ensure the necessary capacity to maximize the benefits for the people of Anglesey in respect of the Wylfa Newydd project;

·      Town and Community Councils Forum has been meeting regularly to discuss ‘place shaping’ within their areas;

·      The 2018/19 budget has been agreed and it continues to protect the Council’s services;

·      The schools’ modernisation programme has been driven forward together with the Education Strategy.  A training programme has been offered to teachers to prepare them for the role of Headteachers;

·      The Garreglwyd Care Home, Holyhead has been opened for acute dementia people from Anglesey; this is a joint plan with the Health Board for the benefit of the people of Anglesey;

·      An Anglesey Family Team (Teulu Môn) has been established where families are able to have access to support services at a single point of access;

·      Hafan Cefni, an extra care facility, for the support of older people to live independently, is been built in Llangefni.  An additional Extra Care scheme has been given approval in Beaumaris;

·      A business plan has been adopted for construction of social housing on Anglesey which will mean an investment of over £26m over the next 4 years to build 195 houses;

·      The importance of local businesses has been emphasised in all discussions with large companies and in any regional economic discussions;

·      An internal procurement project has been established to ensure that a system is in place that will enable local companies to take advantage of opportunities available in the Council;

·      A 12 week scheme ‘Attracting Talent’ has been established to give the Island’s young people an unique opportunity to experience a variety of possible careers within the Council;

·      The Council continues to oppose the erection of pylons across the Island by the National Grid;

·      A joint Local Development Plan between Gwynedd Council and the Isle of Anglesey County Council has been agreed;

·      Recycling targets continue to improve.

The Leader concluded her report by thanking the Senior Leadership Team, Departmental Heads and all Council staff for their work.  She also wished to thank the staff of the Council and Biffa who have work tirelessly during difficult adverse weather during the winter and recently at the Marina in Holyhead.

The Council was given the opportunity to ask questions of the Leader on the contents of the Annual Report.  The Opposition Group sought clarifications as regard to the following main issues :-

·           Whilst the aim of the Council is to make efficiency savings, questions were raised as to why it had taken to the last minute to stop the tendering process for home care when it has taken three days to interview companies who tendered for the service.  The companies who tendered for the home care service as still awaiting response from the  ...  view the full minutes text for item 5.

To receive the following Notices of Motion by Councillor Carwyn E Jones:-

(a)   The Isle of Anglesey County Council considers that the Planning Act 2008 (PA2008), together with its secondary legislation and guidance including National Policy Statements, is out of date and not fit for purpose in Wales. The PA2008 does not take account of current Welsh legislation including the Well-being of Future Generations Act (2015) or the Active Travel (Wales) Act (2013).

In respect of overhead transmission lines, the Holford Rules (1959, amended in the 1990’s) and Horlock Rules (undated on National Grid’s website) are also considered to be significantly out of date and not compatible with current Welsh legislation.

Welsh local authorities are bound by the Well-being of Future Generations Act and Active Travel (Wales) Act. In terms of nationally significant infrastructure projects (NSIPs), this includes consideration of how projects are mitigated, either by s.106 agreement or planning requirement. Some elements of NSIPs, such as planning requirements will also need to be discharged by local authorities.

The Welsh legislation referred to above is likely to require significantly more mitigation than the ‘6 tests’ (see below) as it also relates to the well-being of future generations.

1.  Necessary

2.  Relevant to planning and;

3.  To the development to be permitted;

4.  Enforceable;

5.  Precise and;

6.  Reasonable in all other respects.

The Isle of Anglesey County Council therefore considers that the PA2008 and all necessary secondary legislation and guidance should be updated as a matter of urgency to ensure that Welsh local authorities are able to meet their statutory duties and to ensure that adequate mitigation is able to be delivered. 

I ask that the Council agrees to this view and that a formal letter expressing the above should be sent on behalf of The Isle of Anglesey County Council to Rt Hon. James Brokenshire MP, Secretary of State for Housing, Communities and Local Government, who has overall responsibility for the Planning Act 2008.  A copy of the letter will also be sent to:  

RtHon. Greg Clark MP (BEIS)

RtHon. Alun Cairns MP

First Minister Carwyn Jones

Lesley Griffiths AM

Albert Owen MP

Rhun Ap Iorwerth AM

(b)   Background

The lack of detailed information provided thus far by the National Grid on its proposed North Wales connection means that the Council is not in a position to fully understand the full impacts of the development on Anglesey, its communities and its environment. For example, the Council is concerned that the local community around the proposed Tunnel Head building (including  Llanfairpwll and Llandaniel Fab) has not been provided with the required information to be able to fully appreciate the scale of HGV and other vehicle movements in the area, or the proposal to close Rhonwy Bridge – despite the fact that the Council has requested further information.

The Isle of Anglesey County Council notes the comments made by the National Grid in its Statement of Community Consultation, paragraphs 3.5-3.6, which places great emphasis on engaging with, and  ...  view the full agenda text for item 6.

Submitted – the following Notices of Motion by Councillor Carwyn E Jones:-

(a)    The Isle of Anglesey County Council considers that the Planning Act 2008 (PA2008), together with its secondary legislation and guidance including National Policy Statements, is out of date and not fit for purpose in Wales. The PA2008 does not take account of current Welsh legislation including the Well-being of Future Generations Act (2015) or the Active Travel (Wales) Act (2013).

In respect of overhead transmission lines, the Holford Rules (1959, amended in the 1990’s) and Horlock Rules (undated on National Grid’s website) are also considered to be significantly out of date and not compatible with current Welsh legislation.

Welsh local authorities are bound by the Well-being of Future Generations Act and Active Travel (Wales) Act. In terms of nationally significant infrastructure projects (NSIPs), this includes consideration of how projects are mitigated, either by s.106 agreement or planning requirement. Some elements of NSIPs, such as planning requirements will also need to be discharged by local authorities.

The Welsh legislation referred to above is likely to require significantly more mitigation than the ‘6 tests’ (see below) as it also relates to the well-being of future generations.

1.   Necessary

2.   Relevant to planning and;

3.   To the development to be permitted;

4.   Enforceable;

5.   Precise and;

6.   Reasonable in all other respects.

The Isle of Anglesey County Council therefore considers that the PA2008 and all necessary secondary legislation and guidance should be updated as a matter of urgency to ensure that Welsh local authorities are able to meet their statutory duties and to ensure that adequate mitigation is able to be delivered. 

I ask that the Council agrees to this view and that a formal letter expressing the above should be sent on behalf of The Isle of Anglesey County Council to Rt Hon. James Brokenshire MP, Secretary of State for Housing, Communities and Local Government, who has overall responsibility for the Planning Act 2008.  A copy of the letter will also be sent to:  

Rt Hon. Greg Clark MP (BEIS)

Rt Hon. Alun Cairns MP

First Minister Carwyn Jones

Lesley Griffiths AM

Albert Owen MP

Rhun Ap Iorwerth AM

(b)    Background

The lack of detailed information provided thus far by the National Grid on its proposed North Wales connection means that the Council is not in a position to fully understand the full impacts of the development on Anglesey, its communities and its environment. For example, the Council is concerned that the local community around the proposed Tunnel Head building (including  Llanfairpwll and Llandaniel Fab) has not been provided with the required information to be able to fully appreciate the scale of HGV and other vehicle movements in the area, or the proposal to close Rhonwy Bridge – despite the fact that the Council has requested further information.

The Isle of Anglesey County Council notes the comments made by the National Grid in its Statement of Community Consultation, paragraphs 3.5-3.6, which places great emphasis on engaging with, and  ...  view the full minutes text for item 6.

To submit a report by the Head of Regulation and Economic Development.

The report of the Head of Economic Development and Regulation was presented for consideration by the Council.

The Portfolio Holder for Planning and Public Protection said that since the Supplementary Planning Guidance (SPG) for Wylfa Newydd was adopted in 2014, there has been a number of fundamental changes which has necessitated the need to review and update the SPG.  Most notably is the Wales Act 2017, which received Royal Assent on the 31^st January 2017.  This allows project promoters (Horizon) to include associated developments (such as park and ride, temporary works accommodation etc.) within their DCO application instead of being submitted to the Local Planning Authority and considered under the Town and Country Planning Act.  The SPG also needs to reflect key new legislation such as the Wellbeing of Future Generations Act 2015 and this Authority needs to demonstrate how the project/policy meets the 7 wellbeing goals and the alignment between the SPG’s objectives and the wellbeing goals.  He further said that Horizon has proposed a number of project updates since the SPG was adopted in 2014.  The most significant project change is to increase the on-site temporary workers accommodation from 500 to 4,000 workers on-site in a purpose built temporary campus.  The Portfolio Holder said that the Council undertook a period of 6 week public consultation from the 11^th January to 22^nd February, 2018 and a Members ‘Drop-In Session’ was also arranged where Members had the opportunity to ask questions and provide comments on the SPG.  168 representations were received by ten individuals and organisations and all the responses can be found within the ‘Representations Report’ at Appendix A to the report.  The Programme Management Office has worked closely with Burges Salmon Solicitors to address the representations received.  All the changes made to the SPG are contained within the ‘Focused Changes’ document at Appendix B to the report.  He noted that 74 of the responses received to the SPG have been accepted.  The main concerns raised were the workers’ accommodation and the County Council needs to reflect this within the SPG.  Questions needed to be addressed as to which policies were relevant to Horizon and also which policies are relevant to third party organisations i.e. the Land and Lakes site and Rhosgoch site.   He said that this has now been addressed within the SPG enclosed within the report.  An Elected Member briefing session took place in April to explain the consultation process and the next steps as regard to this matter.

The Portfolio Holder said that it is important that the SPG be approved so as to allow the Authority to have a robust foundation to respond to the Wylfa Newydd project.  In adopting the SPG the Authority will be in a stronger position to address the DCO public inquiry to be held within the next few months.

Councillor Aled M Jones thanked the Portfolio Holder and the relevant Officers for their work as regard to this matter but expressed concerns that accommodating up to a  ...  view the full minutes text for item 7.

To submit a report by the Chief Executive, as presented to the Executive on 30^th April, 2018.

The report of the Chief Executive incorporating the Gwynedd and Anglesey Well-Being Plan as approved by the Gwynedd and Anglesey Public Services Board was presented for consideration.

The Leader of the Council reported that the Well-Being Plan sets out how the Public Services Board intends to make a difference to the lives of residents by working together to deliver the agreed well-being objectives for the entire North West Wales area. She drew attention to the fact that as part of a three month statutory consultation period on the draft Well-Being Plan, the Plan was scrutinised by the Partnerships and Regeneration Scrutiny Committee at its meeting held on 8 March, 2018, the Committee being a statutory consultee and the designated committee for scrutinising Public Services Board business.

It was RESOLVED :-

·      To approve the Ynys Môn and Gwynedd Well-being Plan for publication by the Public Services Board;

·      To adopt the Well-being Plan and that it is incorporated as part of the Council’s Policy Framework to replace the Single Integrated Plan in the Council’s Constitution;

·      The Partnership and Regeneration Scrutiny Committee be the designated Scrutiny Committee for scrutinising the work of the Public Services Board;

·      To amend section 3.2 of the Council’s Constitution to include the approval of decisions in relation to the ‘Well-being Plan’ as a function which can only be exercised by the full Council; and to delete reference to the ‘Single Integrated Plan’;

·      To amend section 2.6.2 of the Council’s Constitution in order to appoint the Partnership and Regeneration Scrutiny Committee as the designated scrutiny committee for scrutinising the work of the Public Services Board;

·      To authorise the Council’s Head of Function (Council Business)/Monitoring Officer to make any future amendments, as and when they arise, to the Council’s Constitution (a) when they relate to; or (b) arise as a result of, the matters approved above, subject to consultation with the Group Leaders and no objections are raised.

To submit a report by Mr Michael Wilson, Independent Chair of the Standards Committee.

The Annual Report of the Standards Committee for 2017/18 was presented by Mr Mike Wilson the Chair of the Standards Committee.  Mr Wilson summarised the work delivered by the Standards Committee against the objectives in its 2017/18 Work Programme as set out in the Appendix attached to the report.

It was RESOLVED :-

·      To note the programme delivered by the Standards Committee between April 2017 and May 2018;

·      To endorse the Standards Committee’s Work Programme for 2018/19 as outlined in Appendix C of the report.

To submit a report by the Head of Function (Council Business)/Monitoring Officer.

The report on an amended Local Resolution Protocol was presented by the Portfolio Holder for Corporate and the Chair of the Standards Committee.

It was RESOLVED to abolish the current Local Resolution Protocol and to adopt the draft amended Local Resolution Protocol at Enclosure 2 to the report.

To submit a report by the Chairs of the Corporate Scrutiny Committee and the Partnership & Regeneration Scrutiny Committee.

The Scrutiny Annual Report for 2017/18 was presented by Councillor Aled M Jones, Chair of the Corporate Scrutiny Committee and by Councillor Gwilym O Jones, Chair of the Partnership and Regeneration Scrutiny Committee. 

The Scrutiny Chairs have been involved in developing the forward work programmes during the year.  It was noted that a Scrutiny Champion needs to be appointed to promote the overview and scrutiny function both within the Council and also with external partners of the Authority. 

It was RESOLVED :-

·      To approve the Overview and Scrutiny Annual Report for 2017/18;

·      To note the continued progress made in implementing the local Scrutiny improvement journey and the impact this is having on practice;

·      To appoint the Chair of the Partnership and Regeneration Scrutiny Committee as the Scrutiny Champion for the period May 2018 to May 2019.

To submit a report by the Chair of the Audit & Governance Committee as presented to the Audit & Governance Committee on 24^th April, 2018.

The Audit Committee’s Annual Report for 2017/18 was presented by Councillor Peter Rogers, Chair of the Audit and Governance Committee.

It was RESOLVED to endorse the Annual Report of the Audit and Governance Committee for 2017/18.

To submit a report by the Chair of the Democratic Services Committee.

The Annual Report of the Democratic Services Committee for 2017/18 was presented by Councillor Robert Ll Jones, Chair of the Democratic Services Committee.

It was RESOLVED to accept and to note the matters considered by the Committee during 2017/18.