Agenda, decisions and minutes

To receive any Declarations and advise Members accordingly.

In response to a request from Councillor Bernie Attridge the Chief Officer (Governance) provided guidance on the declarations of personal and personal and prejudicial interests by Members.

Councillor David Healey and Councillor Gladys Healey declared a personal and prejudicial interest on item 5: Adoption of the Flintshire Local Development Plan (LDP).  Councillors Dale Selvester and Sam Swash also declared a personal interest on item 5.

Councillors Hilary McGuill, Andrew Parkhurst, Carolyn Preece and Geoff Collett, declared a personal interest on item 6: Capital Programme 2023/24 – 2025/26.

Councillor Ted Palmer declared a personal interest on item 8: Housing Revenue Account (HRA) 30 Year Financial Business Plan.

To receive the communications as circulated.

The Chair referred to her communication which had been circulated prior to the meeting and listed the events she had attended between 14 December 2022 – 24 January 2023.  The Chair took the opportunity to thank Members for their support for the Charity Dinner to be held on 24 March, and also referred to the Anglesey Coastal Path Challenge she would be participating in to fundraise for the organisations she was supporting as Chair of Flintshire County Council.

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.

The following petitions were received:

• Councillor Dave Hughes submitted a petition on Save the Llanfynydd footbridge.

• Councillor Bill Crease submitted a petition on behalf of Connah’s Quay Angling Club to exclude dogs from the fishing platform access paths within the fenced area at ‘The Rosie’, Wepre Park.

• Councillor Glyn Banks and  Councillor Gina Maddison submitted a joint petition on behalf of the residents of Gronant regarding concerns on a proposed new housing development at Gronant Institute. 

• Councillor Glyn Banks and Councillor Gina Maddison also submitted a joint petition on behalf of the residents of Gronant Ward regarding provision of  suitable disabled access to a residential property.

RESOLVED:

(a)       That the Flintshire Local Development Plan (LDP) (Final version at Appendix 2 – as amended by the binding changes set out in the Inspectors Report), as the new development plan for the Flintshire administrative area be adopted;

(b)       That the Adoption Statement (Appendix 3), Final Sustainability Appraisal including Equalities Impact Assessment (Appendix 4), and Habitat Regulations Assessment (Appendix 5) be approved; and

(c)        That Council authorises the Chief Officer (Planning, Environment and

Economy) to make outstanding typographical, grammatical, presentational, or factual amendments to the Flintshire LDP and supporting documents prior to its final publication.

Prior to consideration of the report Councillor David Healey and Councillor Gladys Healey, who had both declared a personal and prejudicial interest on Adoption of the Flintshire Local Development Plan (LDP), withdrew from the room

The Chief Officer (Planning, Environment and Economy) presented a report to seek Members’ approval for the adoption of the Flintshire Local Development Plan (LDP).  He provided background information and advised that the LDP Inspectors had concluded their deliberations and that their Final Report on the Examination into the Flintshire LDP, dated 15December 2022, had been published. The Final Report and its appendices were included as appendix 1 to the report. 

The Chief Officer reported on the main considerations as detailed in the report and paid tribute to all involved for their professionalism, tenacity and collaboration in producing the LDP.   In conclusion, the Chief Officer summarised that if the LDP was adopted it would give certainty to communities in Flintshire regarding the areas and environments that would be protected and identify a limited number of areas where development could, in principle, take place subject to future planning applications.  The LDP would provide the Council with the relevant policies against which to determine proposed developments. 

The Service Manager Strategy commented on the positive reasons for adopting the LDP and referred to the key points concerning the Inspectors’ Report.  The Chief Executive and Service Manager Strategy gave a presentation which covered the following:

·         Inspectors’ final report

·         adoption process

·         legal duty

·         consequences of not adopting

·         post adoption

·         recent correspondence

The Chief Officer (Governance) drew attention to the legal duties as set out in paragraph 1.13 of the report and referred to the options detailed in the report to either adopt the policy without amendment, or reject it in its entirety.  The Chief Officer explained that there was no power under the Regulations to adopt the LDP in part or to amend and advised on the implications of the options.

Councillor Chris Bithell spoke in support of the LDP and moved the recommendations in the report.  Councillor Dave Hughes said he fully supported the LDP and seconded the proposal.

Councillor Alasdair Ibbotson spoke in support of the LDP and encouraged Members to support the recommendations.

Councillor Bernie Attridge said he supported the LDP.

Councillor Sam Swash spoke against adoption of the LDP and said  that the residents of the  Hawarden/Mancot Ward did not support the Plan.

Councillor Mike Peers said the LDP provided ‘certainty’ and commented on the problem of “speculative development” in Flintshire.  He said that he supported the LDP overall.

Councillor Helen Brown said that adoption of the LDP would have a devastating effect on local communities and commented on the issues of flooding in her Ward, and the lack of infrastructure and schools.  She urged Members to vote against the LDP.

Councillor Gillian Brockley said she was unable to support all aspects of the LDP and reiterated the concerns expressed by Councillor Brown around the issue of flooding, the need for infrastructure, affordable homes, schools,  ...  view the full minutes text for item 67.

RESOLVED:

(a)       That the allocations and schemes in Table 3 (paragraph 1.09) for

the Statutory/Regulatory and Retained Assets sections of the Council

Fund Capital Programme 2023/24 - 2025/26 be approved;

(b)       That the schemes included in Table 4 (paragraph 1.31) for the

Investment section of the Council Fund Capital Programme 2023/24 –

2025/26 be approved; 

(c)        That it be noted that the shortfall in funding of schemes in 2024/25 and

2025/26 in Table 5 (paragraph 1.37) at this point in the approval process

Allows flexibility. Options including a combination of future capital receipts,

alternative grants (if available), prudential borrowing or the re-phasing of

schemes will be considered during 2023/24, and included in future Capital

Programme reports; and

(d)       That  the schemes included in Table 6 (paragraph 1.41) be approved for the

            specifically funded section of the Council Fund Capital Programme which will

be funded in part through borrowing

The Strategic Finance Manager introduced the report which presented the Capital Programme 2023/24 – 2025/26 for approval. 

The Strategic Finance Manager advised that the Council Fund Capital Programme was divided into the following three sections:

• Statutory/Regulatory - allocations to cover regulatory and statutory works;
• Retained Assets - allocations to fund infrastructure works necessary to ensure service and business continuity; and
• Investment - allocations to fund works necessary to remodel services to deliver efficiencies outlined in portfolio business plans and invest in services as outlined in the Council Plan.  

The Strategic Finance Manager gave a presentation which covered the following main points:

• structure - Council fund capital programme
• current programme 2022/23 – 2024/25
• projected funding 2023/24 – 2025/26
• statutory/regulatory – proposed allocations
• retained assets – proposed allocations
• Investment section – proposed allocations
• summary generally funded programme
• specifically funded schemes
• summary capital programme
• potential future schemes

Councillor Richard Jones proposed deferral of the item.  He stated his reasons and said that in his view it would be unwise to agree to a Capital Programme until the Revenue Account had been balanced.  This was seconded by Councillor Bernie Attridge.

Councillor Ian Roberts spoke in opposition to the motion for deferral and sought advice from the Corporate Finance Manager and Chief Executive regarding the priority to consider the Capital Programme at the meeting.

Councillor Alasdair Ibbotson moved an amendment to the proposal made by Councillor Richard Jones.  He proposed that recommendations 1 to 4 in the report be adopted.

A vote was taken on the proposal from Councillor Richard Jones that the item be deferred to a future meeting of the County Council.  When put to the vote the proposal was lost.

Councillor Ian Roberts moved that the Capital Programme be approved in accordance with the recommendations in the report and spoke in support of the Capital Programme.  Councillor Christine Jones seconded the proposal.

Councillor Bernie Attridge raised questions around funding to address the issues of  cyber-security, homelessness, and additional funding from the Welsh Government for Theatr Clwyd. The Chief Officer (Governance) responded to the comments raised on cyber-security.  The Corporate Manager – Capital Programme and Assets, provided a response to the questions raised on funding for Theatr Clwyd and gave further clarification on the Capital Programme.  The Chief Executive provided explanation concerning grant funding from the Welsh Government for homelessness.

Councillor Mike Peers referred to the Capital Programme and raised questions on the relocation of Tri-ffordd Day Service Provision (pages 29 and 30 in the report).  He referred to the 10 acre site on the outskirts of Mold which had been identified as a potential new location and asked if the site was owned by the Council or was to be purchased.  Councillor Peers also referred to the information that Deeside Leisure Centre was reaching the end of its economic viability (page 43, paragraph 1.54) and commented that some schools in Flintshire were older and should be reviewed and considered in the Capital Programme. 

The Corporate Manager – Capital Programme and Assets,  ...  view the full minutes text for item 68.

RESOLVED:

(a)       That the Capital Strategy be approved; and

(b)       That the following be approved:

-

•          The Prudential Indicators for 2023/24 - 2025/26 as detailed within

Tables 1, and 4 – 8 of the Capital Strategy.

•          Delegated authority for the Corporate Finance Manager to effect

movements between the separately agreed limits within the

authorised limit for external debt and the operational boundary for

external debt (Table 6 of the Capital Strategy).

The Corporate Finance Manager presented the report to provide an update on the Council’s Capital Strategy 2023/24 – 2025/26 and seek approval by Council.  The report explained the need for the Strategy, the key aims, and content of each of the sections.   Under the Prudential Code for Capital Finance in Local Authorities (the Prudential Code), Authorities were required to set a range of Prudential Indicators (PI’s). The Capital Strategy included details of the Council’s Prudential Indicators for 2023/24 – 2025/26.

The Capital Strategy was noted by the Corporate Resources Overview and Scrutiny Committee at a meeting held  on 17 November 2022 and comments were reported back to a meeting of the Cabinet held on 22November 2022.  No recommended changes or concerns had been raised.

Councillor Richard Jones requested that in future meetings of the Council the Capital Strategy be presented for consideration before the Capital Programme.  Councillor Paul Johnson referred to an agreement which had been reached previously by Members on the order of the items.

The recommendations in the report were moved by Councillor Paul Johnson and duly seconded.  When put to the vote the recommendations were carried.

RESOLVED:

(a)       That the Capital Strategy be approved; and

(b)       That the following be approved:

-

•          The Prudential Indicators for 2023/24 - 2025/26 as detailed within

Tables 1, and 4 – 8 of the Capital Strategy.

•          Delegated authority for the Corporate Finance Manager to effect

movements between the separately agreed limits within the

authorised limit for external debt and the operational boundary for

external debt (Table 6 of the Capital Strategy).

RESOLVED:

(a)       That the HRA 30-year Financial Business Plan and budget for

2023/24 as set out in this report and attached appendices.be approved; and

(b)       That consideration be given, in year, to utilise available reserves to bring into use void properties across Flintshire.

The Chief Officer (Housing and Communities) introduced a report to present the draft HRA 30 year Financial Business Plan and the proposed HRA Budget for 2023/24 for consideration.

A presentation was given by the Chief Officer and Corporate Finance officers which covered the following:

·         HRA Business Plan 2023/24

·         where does the HRA funding come from?

·         where the money goes – HRA running costs

·         how our costs compare to other stock holding Authorities – value for money

·         rent setting

·         proposed rent inflation

·         rent impact on tenants at 5% rent uplift

·         rents – impact of setting rents lower than permitted under the rent policy

·         service charges

·         additional HRA budget requirements for 2023/24

·         HRA Capital Programme

·         decarbonisation

·         HRA Capital Funding

·         prudential borrowing

·         reserves

The recommendations in the report were moved by Councillor Sean Bibby and seconded by Councillor Hilary McGuill.

Councillor Helen Brown commented on the issue of void properties which she said was at its highest and asked what had been done to address the problem during the last two years and how the increasing trend had impacted the business plan.  

In response to a request from Councillor Mike Peers the Corporate Finance officer gave an overview of how nearly £300k in efficiencies had been achieved in the HRA.

Councillor Bernie Attridge expressed concerns that service charges were to be deferred for existing tenants but did not apply to new tenants.  He also commented on the issue of void properties and emphasised the need to use surplus funds in year, as a matter of urgency, to reduce the number of empty properties in Flintshire.

The Chief Officer (Housing and Communities) provided explanation around the costing of service charges for tenants.  In response to the questions and comments concerning void properties, the Chief Officer gave the figure for the last 12 months and said the figures for the last two years could be provided following the meeting.  . 

Having been moved and seconded, the following recommendations were put to the vote and carried.

RESOLVED:

(a)       That the HRA 30-year Financial Business Plan and budget for

2023/24 as set out in this report and attached appendices.be approved; and

(b)       That consideration be given, in year, to utilise available reserves to bring into use void properties across Flintshire.

That the Treasury Management Mid-Year Report 2022/23. be approved.

The Corporate Finance Manager presented the Treasury Management Annual Report 2021/22.  He advised that as required by the Council’s Financial Procedure Rules, the Annual Report was reviewed by the Governance and Audit Committee on 27 July 2022 and Cabinet on 26 September 2022.  There had been no significant issues raised.  The Corporate Finance Manager reported on the main points as detailed in 1.05 – 1.09 of the covering report.

            In moving the recommendation in the report Councillor Paul Johnson thanked the Corporate Finance Manager and his team for their work on producing the Annual Report.  This was seconded by Councillor Ted Palmer.

RESOLVED:

That the Treasury Management Mid-Year Report 2022/23. be approved.

RESOLVED:

That the Governance and Audit Committee’s Annual Report for 2021/22 be approved.

The Chief Officer (Governance) presented a report to seek approval of the Governance and Audit Committee Annual Report 2021/22.  He provided background information and referred to the key points as detailed in the report.  The Governance and Audit Committee’s Annual Report for 2021/22 was appended to the report. 

RESOLVED:

That the Governance and Audit Committee’s Annual Report for 2021/22 be approved.

RESOLVED:

That the updated Financial Procedure Rules be approved.

The Corporate Finance Manager presented the report to provide County Council with the proposed updated Financial Procedure Rules (FPR’s) following  detailed review.  He advised that the FPR’s had been endorsed by the Governance and Audit Committee at a meeting held on 14November 2022 and clarification had been sought on some of the changes made.  The points raised and responses provided were set out in the report.  The FPR’s had also been considered by the Constitution and Democratic Services Committee on 12 January 2023 and further clarification sought regarding some sections but no further amendments were required.  The updated FPR’s and Glossary of Terms were appended to the report.

Councillor Bernie Attridge moved the recommendation in the report and this was seconded by Councillor Rob Davies.

RESOLVED:

That the updated Financial Procedure Rules be approved.

RESOLVED:

(a)       That the role descriptions in the draft Model Constitution should be subject to consultation with relevant Members, before the updated constitution is adopted at the Annual General Meeting; and

(b)       That the ordinary language guide be approved for adoption at the Annual Meeting, subject to a final document and cross reference comparison with the draft constitution to ensure accuracy and consistency between those documents.

The Chief Officer (Governance) presented the report to recommend adoption of the ordinary language guide and updated Constitution following the work undertaken by the working group appointed by the Constitution and Democratic Services Committee.  He provided background information and advised that the working group had considered the draft model ordinary language guide to the constitution and revisions to the draft updated Model Constitution and had reported back to the meeting of the Constitution and Democratic Services Committee held on 12January 2023.  The Committee resolved to make the recommendations as detailed in the report to Council.

Councillor Mike Peers referred to Appendix 1, paragraph 1.2 (iii), and suggested that the sub-paragraph be deleted as he felt that the role of Elected Members as advocate and support to Council was already dealt with in paragraph (ii).  The Chief Officer (Governance) noted the amendment and explained it could be included in the first recommendation in the report if adopted. 

            When put to the vote the following recommendations were carried.

RESOLVED:

(a)       That the role descriptions in the draft Model Constitution should be subject to consultation with relevant Members, before the updated constitution is adopted at the Annual General Meeting; and

(b)       That the ordinary language guide be approved for adoption at the Annual Meeting, subject to a final document and cross reference comparison with the draft constitution to ensure accuracy and consistency between those documents.

RESOLVED:

(a)       That the recommendation that Planning Committee meetings be held in ‘Hybrid’ format from 1March 2023, be approved.

(b)       That Council awaits a further report from the Constitution & Democratic

Services Committee on the implications of hybrid working and a long-term

Multi-Location Meetings Policy; and

(c)       That when meetings of the Council  are held in the afternoon the morning beforehand is kept free to enable Members to have preparation time for Council.

The Democratic Services Manager presented the report.   He referred to the survey which had been undertaken during November and December 2022 to seek the views of elected and co-opted Members on whether meeting arrangements should remain as they currently are or to change timings to include evening meetings.  Views were also sought on the preferred format of meetings (hybrid or remote). 

A summary of the results of the survey was presented to the Constitution & Democratic Services Committee on 12 January 2023.  The Committee agreed to set-up a working group to consider the responses and undertake a review of the interim Multi-Location Meeting Policy before making any recommendation to Council about changes to the meeting format and adoption of a long-term policy.  The Democratic Services Manager advised that the Committee had recommended to Council that the Planning Committee be held in hybrid format as soon as possible.

Councillor Mike Peers proposed that when meetings of the Council were held in the afternoon no meetings or workshops requiring Members’ attendance were scheduled in the morning beforehand to enable Members to prepare for the meeting of Council.  This was supported by Councillor Richard Jones.

Councillor Dennis Hutchinson asked that consideration be given to starting meetings of the Council at 1.00 pm.

Speaking in support of the proposal that the Planning Committee be held in hybrid format, Councillor Richard Lloyd asked that consideration be given to  meetings being held at the Council’s offices at Ty Dewi Sant, Ewloe.

Councillor Hilary McGuill expressed concerns around the resource implications for providing meetings in hybrid format and asked if costings could be provided.  The Chief Officer explained that a working group had been appointed to consider the time and resources required to provide meetings in hybrid format and the impact on the Democratic Services Team.  The working group would report back to the Constitution and Democratic Services Committee on its findings and the options available. 

Councillor Ian Roberts suggested that consideration be given to meetings of the Council being held in the Delyn Committee Room, County Hall.

The recommendations in the report were moved and seconded with the addition of a third recommendation that when meetings of the Council are held in the afternoon, the morning beforehand is kept free to enable Members to have preparation time for Council.

RESOLVED:

(a)       That the recommendation that Planning Committee meetings be held in ‘Hybrid’ format from 1March 2023, be approved.

(b)       That Council awaits a further report from the Constitution & Democratic

Services Committee on the implications of hybrid working and a long-term

Multi-Location Meetings Policy; and

(c)       That when meetings of the Council  are held in the afternoon the morning beforehand is kept free to enable Members to have preparation time for Council.

This item is to receive any Notices of Motion.  One has been received and is attached to the agenda.

That the Notice of Motion be received and supported.

The following Notice of Motion was submitted by Councillor Richard Lloyd and seconded by Councillor Jason Shallcross.

“This motion is to request that Flintshire County Council adopts the Motor Neurone Disease (MND) Charter, which sets out the care and support that people living with MND and their carers deserve and should expect.

The MND Charter is made up of 5 points:

1.         The right to an early diagnosis and information.

2.         The right to access quality care and treatments.

3.         The right to be treated as individuals and with dignity and respect.

4.         The right to maximise their quality of life.

5.         Carers of people with MND have the right to be valued, respected, listened to and well supported.

By adopting the MND Charter, this Council agrees to promote the Charter and make it available to all Councillors, Council staff, partner organisations and health and social care professionals who deliver services for the Council.

We will raise awareness of MND and what good care looks like for those living with this devastating disease, as stated in the Charter, and do everything we can as the Council to positively influence the quality of life for local people with MND and their carers living in our community”.

In speaking on the Notice of Motion, Councillor Richard Lloyd explained the reasons why it had been brought to Council and spoke of the dreadful impact of the disease on sufferers and their families.  He asked Members to support the Notice of Motion and request that the Council adopt the MND Charter and raise awareness to help people in the future. 

Councillor Richard Lloyd moved the following recommendation which was seconded by Councillor Jason Shallcross.  On being put to the vote the recommendation was carried unanimously.

RESOLVED:

That the Notice of Motion be received and supported.

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

The Chief Officer (Governance) advised that none had been received by the deadline.

To note the answers to any questions submitted in accordance with County Council Standing Order No. 9.4(A): None were received by the deadline

The Chief Officer (Governance) advised that none had been received by the deadline.

To consider any issues raised by Members arising from the Minutes of the Cabinet, Scrutiny Committees and other Committees, together with any questions raised under Section 4.20 of the Council’s Constitution.  Copies of the Minutes of the various meetings that have taken place since the last ordinary meeting of the Council which have been approved and published on the Authority’s website, can be obtained, if required, via the Committee and Member Services.

The Chief Officer (Governance) advised that none had been received by the deadline.

There were no members of the press in attendance.

(The meeting started at 2.00 pm and ended at 5.56 pm)