Cabinet

Councillor Owen Jones presented the Environmental Scrutiny task and finish letter on the Replacement Local Development Plan Strategic and Delivery Options. RESOLVED: that the Environmental Scrutiny Task & Finish Letter on the Replacement Local Development Plan Strategic and Delivery Options be received and a response provided within two cycles.

The Cabinet received a report outlining the administration’s policy agenda for Cardiff during the current municipal term, from 2022 to 2027. Stronger, Fairer, Greener’ set out a new policy agenda and programme for delivery for the next five years. RESOLVED: that 1. the ‘Stronger, Fairer, Greener’ policy statement be approved 2. the ‘Stronger, Fairer, Greener’ policy statement be submitted to Full Council for noting.

The Cabinet received a report containing details of the Council’s approach to the Shared Prosperity Fund and its initial submission to the Shared Prosperity Fund Regional Investment Plan. In order to access UK Government funding a Regional Investment Plan needed to be adopted and was being developed by the lead authority, Rhondda Cynon Taf . The Council indicated to the lead authority the areas Cardiff Council would like to see further investment in, based on the recovery strategy, to influence the investment plan.These areas cover Neighbourhood and Community Regeneration, Community Capacity Building, Growing our Cultural and Sporting Capital, Resilient and Sustainable Communities, Productive, Sustainable and Inclusive Business Programme, City Centre Recovery Programme and Into Work and the Cardiff Commitment RESOLVED: that a) Cardiff Council’s submission to the Shared Prosperity Fund Regional Investment Plan, as detailed in paragraphs 24 to 34 be approved b) Authority be delegated to the Leader and Chief Executive to shape and endorse the final Regional Investment Plan submission by the Lead Body in the Leader’s capacity as the Council’s representative on the Cardiff Capital Region Cabinet and Corporate Joint Committee. c) Authority be delegated to the Director of Economic Development, in consultation with the Section 151 officer, the Corporate Director People & Communities, the Director of Education & Lifelong Learning and the Director of Planning, Transport & Environment to establish an internal programme management team. d) Authority be delegated to the Chief Executive, in consultation with the Leader of the Council to develop a detailed governance and delivery framework for the operation of the Shared Prosperity Fund in Cardiff. e) Agreement be given to agree and enter into all legal agreements with the Lead Body and partner authorities in connection with the Shared Prosperity Fund, subject to legal advice.

The Cabinet considered the content of the Welsh Language Standards Annual Report 2021-22, prior to formal publication in accordance with the Welsh Language Standards, under the Welsh Language (Wales) Measure 2011. RESOLVED: that Council be recommended to approve the Welsh Language Standards Annual Report 2021-22 (attached as Appendix A) prior to formal publication in accordance with the Welsh Language Standards (Welsh Language (Wales) Measure 2011).

Councillor Bradbury declared a personal interest in this item as a governor. The Cabinet received a report advising that no objections had been received in relation to the published statutory notices to • increase the capacity of The Court Special School from 42 to 72 places. The school would transfer to new build accommodation across two sites at Fairwater Primary School and the current St Mellons CiW Primary School site in Llanrumney with 36 pupils on each site from September 2025. • establish a 20-place Specialist Resource Base for emotional health and wellbeing at Cardiff West Community High School from September 2022. • establish a 20-place Specialist Resource Base for emotional health and wellbeing at Eastern High School from September 2023. RESOLVED: that (i) the proposals in respect of changes to The Court Special School, Cardiff West Community High School and Eastern High as set out in paragraph 1 of this report, be approved without modification. (ii) Officers be authorised to take the appropriate actions to implement the proposals as set out in paragraph 1 of the report (iii) officers be authorised to publish the decision within 7 days of determination of the proposal (iv) authority be delegated to the Director of Education & Lifelong Learning (in consultation with the Cabinet Member for Education and Cabinet Member Finance, Modernisation & Performance, the Director of Governance and Legal Services, the Director of Economic Development and the Corporate Director for Resources) to determine all aspects of the procurement process (including for the avoidance of doubt development of all procurement documentation and selection and award criteria, commencement of procurement through to award of contracts).

Councillor Bradbury declared a personal interest as a governor The Cabinet received a report providing details of the outcome of the publication of statutory notices to: • establish a 20 place Specialist Resource Base for primary aged children with Complex Learning Needs at Moorland Primary School from September 2023 • establish a 30 place Specialist Resource Base for learners with complex learning needs at Willows High School from September 2023 • increase the designated number at the Llanishen High School Specialist Resource Base for learners with Autism Spectrum Condition from 20 to 45 places from September 2022 • establish a 30 place Specialist Resource Base at Ysgol Gyfun Gymraeg Glantaf alongside the existing 30 place Specialist Resource Base for learners with Autism Spectrum Condition from September 2023 • increase the designated number of Ty Gwyn Special School from 198 to 240 from September 2022 • increase the designated number of The Hollies Special School from 90 to 119 from September 2022 • further increase the designated number of The Hollies Special School from 119 to 150 from September 2023 • increase the designated number at the Specialist Resource Base at Llanishen Fach Primary School for learners with complex learning needs from 20 to 30 places from September 2023 • increase the designated number at the Specialist Resource Base at Pentrebane Primary School for learners with Autism Spectrum Condition from 20 to 24 spaces from September 2022 It was reported that here were no objections to the published proposals for Moorland Primary School, Willows High School, Llanishen High School, Ysgol Gyfun Gymraeg Glantaf, The Hollies Special School, Llanishen Fach Primary School and Pentrebane Primary School. There were two objections to the published proposal for Ty Gwyn Special School and these were detailed, together with the Council’s response in the report RESOLVED: that (i) the proposals in respect of changes to Additional Learning Needs provision as set out in a paragraph 1 of this report be approved without modification. (ii) officers be authorised to take the appropriate actions to implement the proposals as set out in paragraph 1 of this report (iii) officers be authorised to publish the decision within 7 days of determination of the proposal authority be delegated to the Director of Education & Lifelong Learning (in consultation with the Cabinet Member Education and Cabinet Member Finance, Modernisation & Performance, the Director of Governance and Legal Services, the Director of Economic Development and the Corporate Director for Resources) to determine all aspects of the procurement process (including for the avoidance of doubt development of all procurement documentation and selection and award criteria, commencement of procurement through to award of contracts).

The Cabinet received a report containing details of objections received to the published statutory notice to: • Increase the capacity of Pentyrch Primary School from 140 to 210 places. • Extend the age range of the school from 4 to 11, to 3 to 11 by establishing nursery provision at the school to allow for 32 part-time places. Four objections were received with the details and the Council’s response contained within the Cabinet report. RESOLVED: that (i) the proposals in respect of changes to Pentyrch Primary School as set out in paragraph 1 of this report, be approved without modification. (ii) officers be authorised to take the appropriate actions to implement the proposals as set out in paragraph 1 (iii) officers be authorised to publish the decision within 7 days of determination of the proposal (iv) authority be delegated to the Director of Education & Lifelong Learning (in consultation with the Cabinet Members for Education and Cabinet Member Finance, Modernisation & Performance, the Director of Governance and Legal Services, the Director of Economic Development and the Corporate Director for Resources)to determine all aspects of the procurement process (including for the avoidance of doubt development of all procurement documentation and selection and award criteria, commencement of procurement through to award of contracts).

The Cabinet received an update in relation to the 2023/24 Budget Gap, Medium Term Financial Plan and Capital Programme, together with details of the budget timetable that would be followed in order to present the 2023/24 Budget to Council in February/March 2023. The report outlined the impact that the challenging economic environment would have on the setting of the budget for 2023/24. RESOLVED: that 1. agreement be given to the budget principles on which the Budget Strategy Report will be based and the approach to meeting the Budget Reduction Requirement both in 2023/24 and across the period of the Medium Term Financial Plan. 2. directorates work with the relevant Portfolio Cabinet Member(s), in consultation with the Corporate Director Resources and Cabinet Member for Finance, Modernisation and Performance to identify potential savings to assist in addressing the indicative budget gap of £29 million for 2023/24 and £91 million across the period of the Medium Term Financial Plan. 3. the Chief Executive, in consultation with the Leader and Cabinet Member for Finance, Modernisation and Performance, be delegated the authority to implement any saving proposal in advance of 2023/24 where no policy recommendation is required or where a policy decision has already been taken. 4. it be noted that work will continue to update and refresh the MTFP and that this will be reported to Members as appropriate. 5. it be proposed that Council agree that the Budget Timetable Framework set out in Appendix 2 be adopted, and that the work outlined is progressed with a view to informing budget preparation. 6. consultation on the 2023/24 budget proposals take place when the detail of options is available in order to inform the preparation of the draft 2023/24 Budget.

The Cabinet received a report seeking authorisation for the acceptance of an Executive Delegation from Torfaen County Borough Council to deliver their Procurement Function. RESOLVED: that Council be recommended to 1. agree the acceptance of an Executive Delegation from Torfaen County Borough Council to carry out their Procurement Functions, subject to the satisfactory conclusion of the Delegation Agreement referred to in 2 below. 2. Delegate authority to the Corporate Director Resources in consultation with the Cabinet Member for Finance, Performance and Modernisation to conclude a Delegation Agreement in a form to the satisfaction of the Council and complete all arrangements to carry out the delegated procurement functions. 3. Subject to the conclusion of the proposed Delegation agreement in 2 above, agree that the day-to-day responsibility for carrying out the delegated procurement functions is to sit with the Operational Manager, Commissioning and Procurement.

The Cabinet considered the new Fair Work (Long Term Agency Worker) Policy as an initial policy position to promote the employment of long-term agency staff. The Policy upheld the Council’s current policy of acquired rights for temporary contract employees (including those employed through Cardiff Works). It confirmed that temporary contract employees with 4 years’ continuous service with the Council would be treated as if permanent. Those with four or more years’ service in the same role would be made permanent in that role without having to go through any recruitment process. The Policy also set out new commitments with regards to Agency Workers with continuous assignments in service areas of more than 4 years and more than 2 years. RESOLVED: that the Fair Work (Long Term Agency Worker) Policy and its review over the next 6 months be approved

A report seeking approval of the introduction of the new Local Government Pension Scheme Discretions Policy was considered. The LGPS Discretions Policy complied with the duty placed on the Council and set out how the mandatory discretions would be exercised. The Discretions Policy replaced Appendix A of the Council’s Voluntary Early Retirement/Flexible Retirement and Voluntary Redundancy Policy and Procedure, dated April 2015, which set out how the Council exercises its discretions. The only proposed change to the application of the discretions was a proposal to enter into Shared Cost AVCs where an employee has elected to pay AVCs by salary sacrifice. This proposal is part of the implementation of an Employee Benefits Platform which will provide a number of salary sacrifice benefits for employees to apply for. The application of this Council discretion is subject to the employee meeting the Council’s conditions for acceptance into the Shared Cost AVC scheme and may be withdrawn or changed at any time. RESOLVED: that (1) Approval be given to the LGPS Discretions Policy as the Council’s written policy statement relating to mandatory and non mandatory discretionary powers under Regulations which apply to the Local Government Pension Scheme. (2) Approval be given to the application of the LGPS Discretion to introduce a Shared Cost (Salary Sacrifice) AVC Scheme, to enable employees who are LGPS members to apply for a salary sacrifice AVC, subject to the scheme criteria being met by the employee.

The appendices to this report are not for publication as they contain exempt information of the description contained in paragraphs 14, 16 and 21 of Schedule 12A of the Local Government Act 1972. Under Rule 13 of the Scrutiny Procedure Rules the call in procedure is not intended to apply to this report. The Cabinet received a report outlining the urgent need for the provision of additional family housing for temporary accommodation to help alleviate current housing pressures. In order to meet this need authority was sought for the purchase of a range of void properties comprising of 25 number 1, 2 and 3 bed apartments and 1 x 4 bed house for temporary accommodation. Furthermore the report outlined a proposal to deliver modular housing solution that could be initially located to provide a meanwhile use of a brownfield site for temporary accommodation for families through the Cardiff Living programme subject to satisfactory technical and financial assessment. This would enable the Council to act more swiftly on suitable properties purchases in the future subject to finance being available within the existing budget framework and is in accordance with approved thresholds for viability assessment RESOLVED: that 1. the urgent need for the provision of additional family housing for temporary accommodation to help alleviate current housing pressures be noted 2. approval be given to the purchase of a range of void properties detailed in Appendix 2, comprising of 25 number 1, 2 and 3 bed apartments and 1x4 bed house for temporary accommodation subject to legal due diligence to be carried out by Legal Services. 3. Authority be delegated to the Corporate Director for People and Communities to agree terms for the acquisition of any additional properties required for the purposes set out in this report subject to obtaining valuation advice and in consultation with the relevant Cabinet Member, Corporate Director Resources and Monitoring Officer. This to enable the Council to act more swiftly on suitable properties purchases in the future subject to finance being available within the existing budget framework and is in accordance with approved thresholds for viability assessment 4. authority be delegated to the Corporate Director for People and Communities to consider and agree terms for a proposal to best deliver a meanwhile use of a brownfield site for temporary accommodation for families using modular housing through the Cardiff Living programme and using the existing terms of the Development Agreement subject to obtaining detailed financial and legal advice.

A report seeking approval for the procurement of the third generation of non-domestic building maintenance framework was considered. The estimated annual value of the proposed framework, based on non-domestic building maintenance spend during the 2021/22 financial period is £7.7m (and circa £30.8 million over its potential 4 year term). RESOLVED: that 1. the content of the report be noted 2. approval be given to the procurement proposals as detailed in this report for the third generation of non-domestic building maintenance frameworks as set out in the report, and 3. authority be delegated to the Director of Economic Development, in consultation with the Cabinet Member for Investment and Development, the Section 151 Officer and Director of Governance and Legal Services, to deal with all aspects of the procurement of the non-domestic building maintenance framework, including finalising the scope of the contracts and the evaluation criteria, and the award of the contracts, and all other ancillary matters.

Appendices 2-4 of this report are not for publication as they contain exempt information of the description contained in paragraphs 14 and 16 of Part 4 and paragraph 21 of Part 5 of Schedule 12A of the Local Government Act 1972. The Cabinet considered a report seeking approval for the acquisition of land to assist the Council in meeting its obligations in relation to the planning agreement for the new Indoor Arena and the wider Atlantic Wharf regeneration scheme and approve the appropriation of land for planning purposes required for the delivery of the Multi Storey Car Park (MSCP). RESOLVED: that i) authority be delegated to the Director of Economic Development in consultation with the Cabinet Member for Investment and Development, the Section 151 Officer and the Legal Officer to acquire the land illustrated etched red in the plan attached at Confidential Appendix 4 in accordance with the terms outlined in Confidential Appendix 4 and in line with the independent valuation set out at Confidential Appendix 5. ii) Authorisation be given to the commencement of land referencing investigations to identify any outstanding third-party interests that may need to be acquired to enable the regeneration scheme. iii) Approval be given to the principal of making a Compulsory Purchase order under section 226(1) of the Town and Country Planning Act 1990 (as amended by the Planning and Compulsory Purchase Act 2004) and the Acquisition of Land Act 1981 to seek the acquisition of land and interests within the site area shown edged red on the plan attached at Appendix 5. Pursuant to powers under Section 122 of the Local Government Act 1972 and Section 227 Town and Country Planning Act 1990 to facilitate the redevelopment of the land for a Multi Storey Car Park approval be given to the appropriation of the Red Dragon Centre (RDC) over-flow car park land shown edged red on the plan at Appendix 7 for planning purposes as it is no longer required for its current purpose and it be noted that the appropriation of the RDC for planning purposes would enable the finalisation of the Full Business Case for the Multi Storey Car Park development for presentation to Cabinet at a future meeting.

Cabinet received a report containing details of new Welsh Government guidance and indicative funding for the phased expansion of the Flying Start scheme. In Cardiff this translated to reaching an additional 338 children and the Welsh Government guidance was clear that Local Authorities should use the Welsh Index of Multiple Deprivation data to identify the areas for expansion. RESLOLVED: that the approach for prioritising and identifying the new LSOA’s to benefit from the Flying Start Programme be approved