Agenda, decisions and minutes

To receive any Declarations and advise Members accordingly.

On agenda item number 14, Questions, a question had been received on Local Authority Pension Funds and investments in fossil fuels.  A personal interest would be recorded for Members who were members of the Clwyd Pension Fund.

On agenda item number 14, Questions, a question had been received on Local Authority Pension Funds and investments in fossil fuels.  A personal interest would be recorded for Members who were members of the Clwyd Pension Fund.

The Chair commented on the recent elections held on 6^th May 2021, and passed on her congratulations to Councillor Carolyn Thomas who was elected as a North Wales Regional Member of the Senedd, Councillor Andy Dunbobbin who was elected as the North Wales Police and Crime Commissioner and to Councillor Andy Hughes who had been successful in the by-election for the Gwernymyndd ward.  Councillor Ian Roberts also passed on his congratulations.

Councillor Carolyn Thomas thanked colleagues who had supported her on her local government journey over the past 13 years.  Councillor Andy Dunbobbin thanked everybody for their support and best wishes.  Councillor Andy Hughes also thanked colleagues for their support.

The Chair commented on the recent elections held on 6^th May 2021, and passed on her congratulations to Councillor Carolyn Thomas who was elected as a North Wales Regional Member of the Senedd, Councillor Andy Dunbobbin who was elected as the North Wales Police and Crime Commissioner and to Councillor Andy Hughes who had been successful in the by-election for the Gwernymyndd ward.  Councillor Ian Roberts also passed on his congratulations.

Councillor Carolyn Thomas thanked colleagues who had supported her on her local government journey over the past 13 years.  Councillor Andy Dunbobbin thanked everybody for their support and best wishes.  Councillor Andy Hughes also thanked colleagues for their support.

As the outgoing Chair, Councillor Marion Bateman presented her review of the year 2019/20, and the extended period of 2020/21, during which she and her Consort, Councillor Haydn Bateman, had been honoured to represent Flintshire. 

As the outgoing Chair, Councillor Marion Bateman presented her review of the year 2019/20, and the extended period of 2020/21, during which she and her Consort, Councillor Haydn Bateman, had been honoured to represent Flintshire. 

Back in 2019, her aim was to visit as many businesses and industries based in Flintshire and had been pleased to accept invitations from a vast range of companies.  She and Haydn attended the official openings of both Llys Raddington and Hwb Cyfle Day Centre, and were present at the Pride of Flintshire awards.  Many schools had visited the Council Chamber which they enjoyed.  They had also been proud to represent Flintshire County Council at many Armed Forces commemorations and celebrations.

Councillor Bateman thanked everyone for their generosity donating to her chosen charities, which were Nightingale House Hospice and North West Cancer Research, as well as local charities. 

She commented on the impact to life since March 2020 due to the Covid-19 pandemic.  She paid tribute to the tireless work of the NHS, all other frontline works including Flintshire’s Streetscene teams, the care home staff and everybody involved with Social Services and the third sector who went above and beyond to maintain essential services for residents, and Flintshire’s teachers for continuing to provide education to the children.  She also thanked the emergency services, delivery drivers, shop assistants, postmen and women, and the community volunteers who helped support residents in isolation.  She also expressed her gratitude to officers of the Council who had to adapt to working from home, including supporting Members in virtual meetings.

In conclusion, she expressed her personal thanks to Colin Everett, the Chief Executive, who had worked tirelessly during the last 14 months steering Flintshire and all of North Wales through the unprecedented disaster of the global pandemic.  She wished him and his family every best wish for the future on his impending departure.

She thanked officers for their support during her tenure and to her Chaplain Daniel Stroud.  She paid tribute to the support Councillor Joe Johnson had given her in his role as Vice-Chair, and wished him and his Consort best wishes for the coming year.

That Councillor Joe Johnson be elected Chair of the Council for the municipal year 2021/22.

It was proposed by Councillor Ted Palmer and seconded by Councillor Paul Shotton that Councillor Joe Johnson be elected Chair of the Council for the municipal year 2021/22.  No other nominations were received.  In support of the proposal, tributes were paid to Councillor Marion Bateman for her contributions during 2019/20 – 2020/21.

Councillor Joe Johnson thanked Members for electing him as Chair for the year ahead which he described as an honour.  He congratulated the outgoing Chair and her Consort and said Councillor Marion Bateman had been an excellent ambassador for the County.

RESOLVED:

That Councillor Joe Johnson be elected Chair of the Council for the municipal year 2021/22.

Councillor Joe Johnson was invested with the Chain of Office by the retiring Chairman and signed his Declaration of Acceptance of Office in the presence of the Chief Executive.

(At this point Councillor Joe Johnson chaired the remainder of the meeting.)

The Chair then presented Councillor Marion Bateman with her retiring Chairman’s Badge of Office and her Consort Councillor Haydn Bateman with his retiring Badge of Office.  The Chair’s Consort, Mrs Johnson, was invested with her Chain of Office.

That Councillor Mared Eastwood be appointed as Vice-Chair of the Council for the municipal year 2021/22.

It was proposed by Councillor Hilary McGuill and seconded by Councillor Ian Dunbar that Councillor Mared Eastwood be appointed Vice-Chair for the municipal year 2021/22.  No other nominations were received.  In support of the proposal, tributes were paid to Councillor Eastwood’s work in the community and her support for local causes.

Councillor Eastwood thanked Members and congratulated the Chair whom she looked forward to working with for the year ahead.

RESOLVED:

That Councillor Mared Eastwood be appointed as Vice-Chair of the Council for the municipal year 2021/22.

Councillor Eastwood was invested with the Chain of Office by the Chair and signed the Declaration of Acceptance of Office in the presence of the Chief Executive.  Councillor Eastwood’s Consort, Mr Tim Eastwood, was invested with his Chain of Office.

            Gifts were then presented to Councillor Haydn Bateman, Sue Johnson and Tim Eastwood.

That Councillor Ian Roberts be appointed Leader of the Council for the municipal year 2021/22.

It was proposed by Councillor Dave Hughes and seconded by Councillor Billy Mullin that Councillor Ian Roberts be appointed Leader of the Council for the municipal year 20121/22.   No other nominations were received.  In support of the proposal, tributes were paid to Councillor Roberts’ achievements in local government and his commitment to deliver quality services for Flintshire residents.

RESOLVED:

That Councillor Ian Roberts be appointed Leader of the Council for the municipal year 2021/22.

To note the appointment of the Cabinet by the Leader of the Council.

That the choice of Councillors to serve on the Cabinet and their portfolios detailed below, be noted.

Councillor Ian Roberts thanked Members for electing him as Leader of the Council which he described as a genuine honour.  In accordance with the Constitution, he set out his choice of Councillors to serve on the Cabinet. 

RESOLVED:

That the choice of Councillors to serve on the Cabinet and their portfolios detailed below, be noted.

(i)        Appointment of Committees

That Council appoints the following Committees:

Appeals Committee;

Clwyd Pension Fund Committee;

Constitution and Democratic Services Committee;

Governance and Audit Committee;

Grievance Committee;

Grievance Appeals Committee;

Investigation and Disciplinary Committee;

Joint Governance Committee (for Pensions);

Licensing Committee;

Planning Committee;

Recovery Committee;

Standards Committee; and

The five Overview & Scrutiny Committees listed in the report. 

(ii)        Determination of the size of Committees

That the size of each committee be as set out in paragraph 1.04 of the report.

(iii)       Terms of Reference of Committees

That the terms of reference for each Committee as set out in the Constitution be approved.

(iv)      Political Balance

That the seats be allocated in accordance with political balance as set out in appendix 2 to the report and the rules on membership of the Committees as set out in paragraphs 1.08 – 1.14 of the report, and that the seats on the Grievance, Grievance Appeals and Investigation and Disciplinary Committees be allocated to give a broad political spread of membership. 

(v)       Appointment of Chairs of Standing Committees

(a)       That the Chairs of the following Committees be appointed (noting any restrictions on eligibility):

·             Clwyd Pension Fund Committee - Councillor Ted Palmer

·             Constitution and Democratic Services Committee - Councillor Neville Phillips

·             Licensing Committee - Councillor Tony Sharps

·             Planning Committee - Councillor David Wisinger

·             Recovery Committee – Councillor Richard Jones

(b)       That the Grievance Committee, the Grievance Appeals Committee and Investigation & Disciplinary Committee should each appoint its own Chair from amongst its membership; and

(c)        That the following groups be allocated the chair of the Overview & Scrutiny Committees as outlined:

Community, Housing & Assets                 Labour (Councillor Ian Dunbar)

Education, Youth & Culture          Labour (Councillor David Healey)

Corporate Resources                      Conservative

Environment & Economy               Independent Alliance

Social & Health Care                      Liberal Democrat

(vi)      Approval of the Constitution

That the rules, procedures, delegations and codes/protocols within the Constitution be approved, including the temporary changes to the rules of procedure to accommodate virtual meetings.

(vii)     Nominations to Internal Bodies

That the make-up of the Appointments Committee be approved.

(viii)    Standards Committee

That the composition and membership of the Standards Committee be noted, including the change to membership of Councillor Gladys Healey replacing Councillor Paul Johnson.

(ix)      Appointments to Outside Bodies

That Council notes the nominees to Outside Bodies that have been appointed for the whole Council terms and the Chief Executive’s power to vary those nominations (in consultation with Group Leaders).

The Council considered the report of the Chief Officer (Governance) which dealt with matters that required decision at the Annual Meeting of the County Council in accordance with Council Procedure Rule 1.1 (vii) - (xiv). 

The report proposed the creation of a new Recovery Committee to oversee the vital work of helping the Council to recover from the effects of the Covid-19 pandemic. The report also dealt with the appointment of other Committees and chairs and other issues such as allocation of seats, under political balance.

The report was split into sections, each one dealing with one decision that needed to be made and the relevant issues for consideration.  Each section was considered and voted on in turn.

(i)        Appointment of Committees

The Chief Officer (Governance) explained that the Constitution provided for the appointment of the following: Appeals Committee; Clwyd Pension Fund Committee; Constitution and Democratic Services Committee; Governance and Audit Committee; Grievance Committee; Grievance Appeals Committee; Investigation and Disciplinary Committee; Joint Governance Committee (for Pensions); Licensing Committee; Planning Committee; Recovery Committee; Standards Committee; and the five Overview & Scrutiny Committees. 

Councillor Ian Roberts moved approval of the recommendation in the report which was seconded by Councillor Billy Mullin.

RESOLVED:

That Council appoints the following Committees:

Appeals Committee;

Clwyd Pension Fund Committee;

Constitution and Democratic Services Committee;

Governance and Audit Committee;

Grievance Committee;

Grievance Appeals Committee;

Investigation and Disciplinary Committee;

Joint Governance Committee (for Pensions);

Licensing Committee;

Planning Committee;

Recovery Committee;

Standards Committee; and

The five Overview & Scrutiny Committees listed in the report. 

(ii)        Determination of the size of Committees

The Chief Officer explained that the size of each committee must be decided at the Annual Meeting.  Council had previously agreed that the major Committees should be large enough for all political groups to be represented.

Councillor Ian Roberts moved approval of the recommendation in the report which was seconded by Councillor Billy Mullin.

RESOLVED:

That the size of each committee be as set out in paragraph 1.04 of the report.

(iii)       Terms of Reference of Committees

The Chief Officer explained that the Annual Meeting was required to decide the terms of reference of the Committees that it appointed.  The terms of reference for the Recovery Committee were appended to the report.

Councillor Ian Roberts moved approval of the recommendation in the report which was seconded by Councillor Billy Mullin.

RESOLVED:

That the terms of reference for each Committee as set out in the Constitution be approved.

(iv)      Political Balance

The Chief Officer (Governance) explained that at, or as soon as practicable after the Annual Meeting, the Council was required to decide the allocation of seats to political groups in accordance with the Political Balance Rules contained in the Local Government and Housing Act 1989 and the Local Government (Committees and Political Groups) Regulations 1990 as amended.  Those rules did not apply to Cabinet nor to the Standards Committee.  The rules of political balance would apply to the new Recovery Committee.

In order to achieve political balance, it  ...  view the full minutes text for item 8.

That the draft schedule of meetings for 2021/220 be approved.

The Chief Officer (Governance) presented the schedule of meetings for 2021/22 following consultation. 

Each year the Schedule of Meetings was designed based on regular meeting cycles, regular meeting days where possible and with wide consultation to ensure that reporting commitments and/or meetings did not clash.

RESOLVED:

That the draft schedule of meetings for 2021/220 be approved.

At this stage of the meeting, there was a brief adjournment prior to considering the ordinary items of business.

That the Council Plan 2021/22, on the recommendation of Cabinet, be adopted.

The Chief Executive introduced the item and explained that the Council Plan was published as two documents.  Part 1 set out the intent.  Part 2 set out the risks, performance measures, targets and milestones against which achievement would be measured and evaluated.  The Council Plan had been reviewed and refreshed for structure and content, and continued to take account of ongoing recovery in addition to longer term strategic objectives.

The framework for next year’s Council Plan was built around six themes:

·         Economy;

·         Education and Skills;

·         Green Society and Environment;

·         Affordable and Accessible Housing;

·         Personal and Community Well-being; and

·         Poverty

Each of the six themes had been mapped against the Overview and Scrutiny Committees for reporting and accountability.  The delivery of the Plan was the responsibility of the Cabinet.

The Council Plan Part 1 had been shared with Overview and Scrutiny Committees for review and comments.  There had been no significant change to Part 1 following the consultation as the Committees were supportive.

In moving the recommendation, Councillor Ian Roberts highlighted the expansion of both Marleyfield House care home and Ysgol Glanrafon.  The proposal was seconded by Councillor Billy Mullin.

RESOLVED:

That the Council Plan 2021/22, on the recommendation of Cabinet, be adopted.

(a)       That the findings set out in the Public Interest Report be accepted for the reasons set out in paragraph 3.03 to 3.06 of the report; and

(b)       That the recommendations contained at paragraphs 50, 51, 52 and 53 of the Public Interest Report be accepted, namely that the Council:

                      I.        Issues an apology to the complainant;

                    II.        Reviews whether the conditions attached to the retrospective permission have been complied with.  If it concludes that they have not, the Council should consider what action may be expedient to ensure such compliance;

                   III.        Instructs the District Valuer to assess the impact of the development on Ms N’s property within 3 months and within a month of receiving the District Valuer’s report, pays her an amount which equates to the difference in value of her property before and after the development; and

                  IV.        Confirms to the PSOW what action it has taken in response to the Public Interest Report.

In his capacity as Monitoring Officer, the Chief Officer (Governance) introduced the item and background to a Public Interest Report issued by the Public Services Ombudsman for Wales (PSOW) who had upheld a complaint by the next-door neighbour of a property whose annexe had been granted planning permission by the Council.  The findings of the Public Interest Report stated that the way the applications were dealt with amounted to maladministration leading to injustice to that complainant and made recommendations for remedying the maladministration.  The Chief Officer said that such reports were a rare occurrence for the Council and that it was the responsibility of Council to decide whether to accept or challenge the findings and recommendations of the PSOW.

Whilst officers respected the views of the PSOW, they had given the matter careful and objective consideration and disagreed with some of those findings.  They believed that the annexe was substantially in accordance with policy and that, although there was a minor departure, it was not significant enough to justify refusal of planning permission.  Therefore, they considered that, had the Council refused permission, then the applicant would very likely have been successful on appeal.  Furthermore, permitted development rights allowed for the construction of a visually similar, and larger, building in any event.  Having taken independent legal advice, officers believed that whilst the Council would have reasonable prospects of success if it were to legally challenge the findings, such a process would incur significant costs and resources for both the Council and PSOW, potentially causing damage to that working relationship and further delaying a resolution for the complainant.  On that basis, it was recommended that the Council accept the findings of the PSOW.

By contrast the Council had discretion whether to accept the PSOW’s recommendations on remedy and would need good grounds to depart from those recommendations.  However, given the officers’ beliefs on policy and permitted development rights, they felt strongly that there were indeed good grounds to recommend different remedies to those put forward by the PSOW.  If the findings were accepted then it would be reasonable to implement the first two recommendations to apologise to the complainant for the length of time taken to resolve - for which the Council and PSOW were both attributable - and to review whether the conditions attached to the retrospective permission were complied with.  Officers recommended that the third PSOW recommendation (that the complainant be paid an amount equating to the difference in the value of her property before and after the development, which would equate to £20,000) be rejected on the grounds set out in 3.10 of the report.  Officers recommended that the Council pay a sum of £5,000 to reflect the time, trouble and distress caused to the complainant.

In moving the officer recommendations, Councillor Chris Bithell agreed that this was the correct approach based on the reasons stated.  Also speaking in support was Councillor David Wisinger who seconded the proposal.

Councillor Patrick Heesom thanked officers for the report and said that  ...  view the full minutes text for item 11.

This is an opportunity for Members of Council to submit petitions on behalf of people in their ward. Once received, petitions are passed to the appropriate Chief Officer for action and response.

Councillor Tudor Jones submitted a petition on behalf of residents in Caerwys to look at improving the conservation of roadside verges and consider the approach taken by Denbighshire County Council.

The Chief Executive said that the Council’s current policy had been circulated amongst Members and suggested that the matter be referred to the relevant Overview & Scrutiny Committee for further consideration.  This suggestion was supported by Councillor Jones.

Councillor Tudor Jones submitted a petition on behalf of residents in Caerwys to look at improving the conservation of roadside verges and consider the approach taken by Denbighshire County Council.

The Chief Executive said that the Council’s current policy had been circulated amongst Members and suggested that the matter be referred to the relevant Overview & Scrutiny Committee for further consideration.  This suggestion was supported by Councillor Jones.

To note the answers to any questions submitted in accordance with County Council Standing Order No. 9.4(A): one was received by the deadline:

Councillor Tudor Jones - Local Authority Pension Funds and investments in fossil fuels

That the question be received and the response noted.

A question from Councillor Tudor Jones on the Local Authority Pension Funds and investments in fossil fuels had been received.  The question and response had been circulated to Members and published on the website.

Councillor Jones welcomed the detailed response and thanked Councillor Ted Palmer - Chair of the Clwyd Pension Fund Committee - for his invitation to attend a forthcoming briefing on the matter.  He did not have a supplementary question but asked that the question and response be made available to other interested parties.

The Chief Executive confirmed that the question and response would be shared with the Clwyd Pension Fund Committee Members.

RESOLVED:

That the question be received and the response noted.

This item is to receive any Public Questions: none were received by the deadline.

None had been received.

None had been received.

This item is to receive any Notices of Motion: none were received by the deadline.

None had been received.

None had been received.

There was one member of the press and no members of the public in attendance.