Agenda and minutes

a)    Councillor John Roberts apologised for his inability to attend the meeting;

b)    Councillors Elaine Evans and Rhodri Evans apologised for their inability to attend the meeting due to other Council duties.

a)    Councillors Bryan Davies. Gareth Davies, Marc Davies, Meirion Davies, Wyn Evans, Gareth Lloyd and Matthew Vaux declared a personal and prejudicial interest in relation to item 8, noting that they had received dispensation to speak and to vote on this item;

b)    Councillors Ifan Davies and Chris James declared a personal and prejudicial interest in relation to item 8, noting that they had received dispensation to speak only on this item;

c)     Councillor Catrin M S Davies declared a personal and prejudicial interest in relation to item 8, noting that she had received dispensation to speak and to vote on the matter of second homes; and dispensation to speak only on the matter of long-term empty properties;

d)    Councillors Gethin Davies and Eryl Evans declared a personal and prejudicial interest in relation to item 8, and withdrew from the meeting during the discussion on this item;

e)    Councillors Bryan Davies, Euros Davies, Endaf Edwards, and Chris James declared a personal and prejudicial interest in relation to item 10, and withdrew from the meeting during the discussion on this item;

f)      Councillor Maldwyn Lewis declared a personal interest in relation to item 12;

g)    Eifion Evans, Chief Executive declared a personal and prejudicial interest in relation to item 10, in accordance with the Code of Conduct for Local Government and withdrew from the meeting during the discussion on this item.

Councillor Euros Davies noted that there is an empty farm property in his Ward which is held in trust by the Council.  The Monitoring Officer advised that Council-appointed Trustees are exempt from prejudicial status.

a)    Councillor Maldwyn Lewis extended his sympathies to Councillor Wyn Evans on his recent bereavement;

b)    Councillor Carl Worrall congratulated the Carers’ Team on their excellent workshop held at Theatr Felinfach recently;

c)     Councillor Carl Worral congratulated Pamela Worrall on achieving 4^th place in the World Sea Angling Championships in Sicily.  She is now ranked 12^th in the world;

d)    Councillor Gareth Davies congratulated George Ryley on reaching the short-list as “Individual of the Year’ at the recent GO Wales awards and wished him well upon his retirement at the end of December.

e)    Councillor Euros Davies congratulated all Ceredigion competitors on their success at the recent Winter Fair, many winning first prizes and championships; 

f)      Councillor Euros Davies congratulated Mr Denley Jenkins on being elected President of the Royal Welsh Agricultural Show 2024.

Chairman welcomed Councillor Shelley Childs to his first meeting of Council and wished him well in his role.

Elin Prysor, Monitoring Officer addressed the Council on the statutory requirement for all Members to make a Declaration of Acceptance and an undertaking to comply with the Code of Conduct, confirming that Councillor Shelley Childs in making his statutory Declaration of Acceptance of Office had received comprehensive training on the Council’s Code of Conduct on Monday 20^th November 2023.

This is in order for him to perform his functions with an understanding of the Principles of Public Life, his duties and responsibilities under the Code, and also the consequences for failing to do so.

Councillor Shelley Childs verbally accepted his Declaration of Acceptance of Office and the undertaking to comply with the Code of Conduct which had been previously signed by him and countersigned by the Proper Officer.

The Leader of the Council, and both Leaders of the opposition congratulated Councillor Shelley Childs and wished him well in his role.

A Recorded vote was taken, as agreed and in accordance with Rule 14.5 of the Council Procedure Rules contained in the Council’s Constitution …

Additional text:

“upon the following recommendation:

That Council (acting as the Registration Authority) finds that the doctrine of statutory incompatibility prevents the registration of the Land as a Village Green and accordingly Council refuses the Application to register the Land as a Village Green.

Members voted as follows:”

Councillor Gareth Davies asked that the wording of the declaration of interest in agenda item 2: Declarations of personal and prejudicial interest is also reflected in the agenda item that the declaration refers to.

It was RESOLVED to confirm as a true record the Minutes of the Council meeting held on 26 October 2023, subject to the above amendments.

Matters arising

There were no matters arising.

Councillor Matthew Vaux, Cabinet Member for Partnerships, Housing, Legal and Governance and Public Protection presented the report noting that careful planning and consideration needs to be to be place prior to the purchase of an animal and that a campaign by the Royal Society for Prevention of Cruelty to Animals (RSPCA) has led to this proposal to implement a ban on giving live animals as prizes on Ceredigion County Council property. He noted that the Animal Welfare Act 2006 (applicable in both England and Wales), does not forbid giving live animals as prizes unless they are given to unaccompanied children, however the RSPCA believes that this legislation does not go far enough and does not cover the animal welfare issues associated with this practice.

Councillor Caryl Roberts, Chair of the Healthier Communities Overview and Scrutiny Committee noted that this report was considered by the committee and that they were very happy to support this proposal as animal health and welfare is especially important to us having a strong agricultural economy.

Following discussion, it was unanimously RESOLVED that the Council implements an outright ban on the giving of live animals as prizes, in any form, on Council land.

Councillor Bryan Davies, Leader of the Council and Cabinet Member for Democratic Services, Policy, Performance and Public Protection and People and Organisation presented the report to Council noting that Part 6 of the Local Government and Elections (Wales) Act 2021 introduced a new Self-Assessment based performance regime for Principal Councils, which include 5 specific duties. He noted that since April 2023 Ceredigion County Council has been undertaking its latest round of self-assessment which has been reviewed by the Governance and Audit Committee and Overview and Scrutiny.

Councillor Keith Evans, Chairman of the Overview and Scrutiny Co-ordinating Committee noted that the committee has discussed the report in detail and recommended its approval by Council.

It was RESOLVED to:

1.     Approve the Self-Assessment Report 2022/23 including the Annual Review of Performance and Well-being Objectives, and

2.      Approve that the Corporate Well-being Objectives to remain unchanged for the next year.

Councillors Bryan Davies, Gareth Davies, Marc Davies, Meirion Davies, Wyn Evans, Gareth Lloyd and Matthew Vaux were given dispensation to speak and to vote on this item. 

Councillors Ifan Davies and Chris James were given dispensation to speak but not to vote on this item.

Councillor Catrin M S Davies was given dispensation to speak and to vote on matters relating to second homes and to speak but not to vote on matters relating to long-term empty properties. 

Councillor Gethin Davies and Eryl Evans withdrew from the meeting for the duration of the discussion. 

Councillor Bryan Davies, Leader of the Council and Cabinet Member for Democratic Services, Policy, Performance and Public Protection and People and Organisation presented the report to Council noting that on the instruction of Cabinet, a 6 week formal Public Consultation on the future level of Council Tax Premiums on both Long Term Empty Properties and Second Homes in Ceredigion was held between 18 September and the end of October 2023, and that a Cross-Party Working Group was also established.  Cabinet considered the findings of the consultation and comments received from the Cross-Party Working Group and agreed the recommendations. It was noted that if an increase to the Council Tax Premiums was agreed by Council, Members would need to agree what to do with any additional income at a future meeting, and that in terms of timing there would be a phased approach reviewed continually in terms of the number of houses being available, and the number of homes returning to the stock of available homes.  He noted that potential income has not been a consideration in bringing the recommendation to Council and noted that housing affordability for young people was a consideration, which also impacts upon the Welsh language if people cannot afford to live in their communities. 

Councillor Gareth Davies noted that Council decided in March 2016 to increase the Council Tax premium on Long Term empty properties and Second homes in Ceredigion by a premium of 25% from 1 April 2017. He noted that in accordance with legislation, a long-term empty property is defined as a dwelling that has been unoccupied and substantially unfurnished for at least12 months with the furnishing or occupation of a dwelling for one or more periods of six weeks or less not affecting a dwelling’s status as a Long-term empty dwelling. The legislation defined Second homes as ‘Dwellings occupied periodically’ which are substantially furnished but not lived in by a permanent resident.  All references to Second homes therefore are to ‘Dwellings occupied periodically’. 

He noted that the report to Cabinet contained information relating to the number of properties in Ceredigion in each premium category, the areas in Ceredigion with the highest concentration / volume of these properties, the age profile of the long-term empty properties in Ceredigion, the Ceredigion Community Housing scheme, the legislative background, and the timeline and associated governance requirements.  He also noted that there were 1,403 responses to the public consultation, which is the second highest  ...  view the full minutes text for item 8.

The report (Appendix B1 and B2) relating to the item above is not for publication as it contains exempt information as defined in paragraph 12 and 13 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) (Wales) Order 2007. If, following the application of the Public Interest Test, the Council resolves to consider this item in private, the public and press will be excluded from the meeting during such consideration, in accordance with Section 100B(2) of the Act.

Members will be requested, when dealing with the items, to consider whether to exclude the public and press from the Meeting.

The report (Appendix B1 and B2) relating to the item above is not for publication as it contains exempt information as defined in paragraph 12 and 13 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) (Wales) Order 2007. If, following the application of the Public Interest Test, the Council resolves to consider this item in private, the public and press will be excluded from the meeting during such consideration, in accordance with Section 100B(2) of the Act. Members will be requested, when dealing with the items, to consider whether to exclude the public and press from the Meeting. 

I It was RESOLVED that the content of the report remain restricted and not to exclude the public and press from the meeting as the document was not discussed in public.

Councillors Bryan Davies, Euros Davies, Endaf Edwards, Rhodri Evans and Chris James withdrew from the meeting for the duration of the discussion.

 Eifion Evans, Chief Executive also withdrew from the meeting for the duration of the discussion.

Councillor Gareth Davies, Cabinet Member for Finance and Procurement presented the report noting that the School Teachers’ Pay and Conditions (Wales) Document 2023 was published on 5 October 2023 and confirms the teachers’ pay arrangements in Wales for 2023/24.  He noted that the statutory elements includes a 5% uplift to all statutory scale points and allowances, payable from 1 September 2023 and that consultation has taken place with the local teaching trade unions and accepted.

It was RESOLVED to approve:

1.     The Model School Pay Policy 2023/24 and to commend to Governing Bodies for adoption within schools in Ceredigion;

2.     The Model Unattached Teacher Pay Policy 2023/24 for centrally employed teachers.

Councillor Bryan Davies, Leader of the Council and Cabinet Member for Democratic Services, Policy, Performance and People and Organisation presented the report to Council noting that The Local Government and Elections (Wales) Act 2021 places a duty on local authorities to set out a petition scheme, including electronic petitions, providing an outline of the scheme.

Councillor Elizabeth Evans, Chair of the Democratic Services Committee noted that the draft protocol was considered by the Democratic Services Committee and also considered by the Constitution Cross Party Working Group, and that the committee was fully supportive of the protocol which provides clear direction which is useful for the Council.

Councillor Keith Evans enquired as to the requirement for the e-petitions to be bi-lingual, and it was confirmed that this would be required as it is hosted on the Council’s website, however the onus would be on the individuals to provide this information with support from officers.

Following discussion, it was RESOLVED to

a)    Approve the draft revised Petitions Protocol

a)    Recommend that the current document in the Council’s Constitution is replaced with the revised protocol.

Councillor Matthew Vaux, Cabinet Member for Partnerships, Housing, Legal and Governance and Public Protection presented the report to Council noting that the proposed amendments had been considered by the Constitution Working Group at is meetings dated 26 September 2023 and 14 November 2023, and providing an outline of the content of each document.

The Corporate Lead Officer for Legal and Governance and Monitoring Officer noted that the amendment to document 3.5J did not go to the Constitution Working Group. However, this information is duplicated in document P.

It was also noted that information had been omitted in Appendix 10 which should specify Overview and Scrutiny x 5 Members and Governance and Audit Committee x 2 members and 1 Lay member – it was confirmed that the omitted information would to be inserted completed before publication.

Councillor Gareth Lloyd noted his appreciation that attention was drawn to developments post-consideration by the Constitution Working Group.

Following discussion, it was RESOLVED to:

a)    Approve the changes to the Constitution (at Appendices 1 – 10); and

b)    Authorise the Monitoring Officer to update the Council’s Constitution to reflect the changes.

Councillor Bryan Davies, Leader of the Council and Cabinet Member for Democratic Services, Policy, Performance and People and Organisation presented the report to Council noting that during a meeting of Group Leaders, a proposal was put forward to amend the ‘Personal Matters’ item on the Council Agenda to ‘Chair’s Announcements’.  This matter was referred to the Democratic Services Committee for consideration and also reviewed by the Cross-Party Constitution Group.  He noted that the list of personal matters can sometimes be extremely long, and that a review of practice at other authorities have also been considered, noting a recommendation that items are presented to the Chair at least 2 working days in advance to be presented by the Chair, with the Chair having a final discretion on these matters.

Councillor Elizabeth Evans, Chair of the Democratic Services Committee noted that this proposal was considered by the Democratic Services Committee at its meeting dated 9 June 2023, and by the Constitution Cross Party Working Group at its meeting dated 26 September 2023.  She noted that several Members had raised their concerns with her regarding the time spent on this issue, and the content.  She also noted that this proposal was Member driven, and not by Officers, noting that this does not diminish the democratic rights to put forward comments via the Chair.

Councillor Gareth Lloyd, Vice-Chair of the Democratic Services Committee noted that he was supportive of the recommendation by the Democratic Services Committee to bring this proposal to Council in order to hear the views of all Members.

Members noted that the Chair has enough work to do, and that these matters are personal to the local ward Member, not the Chair.  If there is a weakness in the process, then Group Leaders should be notified and it can be discussed further. 

The Chair acknowledged the comments made, noting that some of the items relate to the Ward as opposed to the County and that several comments have been made by viewers regarding this.

Following discussion, it was RESOLVED to approve the amendment to the Council Agenda from ‘Personal Matters’ to ‘Chair’s Announcements’.

The Chair noted that this item is withdrawn from the Council agenda, and that a workshop for Members will be held in January 2024.

Councillor Matthew Vaux, Cabinet Member for Partnerships, Housing, Legal and Governance and Public Protection presented the report to Council noting that John Weston did not seek reappointment as Independent Member of the Ethics and Standards Committee once the initial six years appointment comes to an end on 21 February 2024, and that the recruitment process for a replacement independent member was agreed by Council during its meeting dated 13 July 2023.  He noted that following a recruitment process, Llinos James was selected as Independent / Lay Member to the Ethics and Standards Committee from 22 February 2024 for one term of 6 years, with an option to reappoint for a second term of 4 years.

The Chair thanked Mr John Weston for his contribution and wished him well for the future.

It was RESOLVED to approve the appointment of Llinos James as Independent / Lay Member of the Ethics and Standards Committee, from 22 February 2024, for one term of 6 years up to 21/2/2030.

Corporate Joint Committee: Sub-Committee Ethics and Standards

·       Additional Lay Member: Gail Storr

Ethics and Standards Committee:

·       Vice Chair from 22 February 2024:  Gail Storr

It was RESOLVED to appoint Lay Members to the following roles:

Corporate Joint Committee: Sub-Committee Ethics and Standards:

• Additional Lay Member: Gail Storr

Ethics and Standards Committee:

• Vice Chair from 22 February 2024: Gail Storr

Councillor Wyn Thomas, Cabinet Member for Schools, Lifelong Learning and Skills presented the report to Council noting that Councillor Shelley Childs has been nominated as Local Authority Governor at the request of Llwyn yr Eos Community Primary School.

It was RESOLVED to confirm the nomination of Councillor Shelley Childs as Local Authority Governor of Llwyn yr Eos Community Primary School.

Councillor Alun Williams, Deputy Leader and Cabinet Member for Through Age Wellbeing presented the report to Council noting that it is a statutory duty to present the report, which aims to produce a rounded picture of all aspects of Social Services Department in Ceredigion and provide more timely feedback into planning and budgetary processes. He thanked the Statutory Director for Social Services for collating the report, and officers for all their work during the year.

Audrey Somerton-Edwards noted that this report covers her tenure and that of Sian Howys and is reflective of the complexities of the work that they do.  She noted that the legislation is changing next year with a focus on a lighter, brighter easy read for the public to enjoy reading about what we do.

The content of the report was noted by Council.

Councillor Bryan Davies, Leader and Cabinet Member for Democratic Services, Policy, Performance and People and Organisation presented the report and the Public Service Ombudsman for Wales’ Annual Letter to Council noting that this is the fourth consecutive report where there have been no Ombudsman investigations commenced or formal reports issued in relation to complains made against the Council.  It was noted that work needs to be carried out in terms of recording compliments, that the number of complains is amongst the third lowest in Wales and that there needs to be a focus on reducing the number of complaints which escalate from stage 1 to stage 2 due to time constrains.  There have been fewer referrals to the Ombudsman compared to last year, and the main topics of concern relate to refuse and planning; however this is due to the high number of users of these services and is not a reflection of the service.

The report was considered by the Governance and Audit Committee during its meeting dated 27 September 2023, by Corporate Resources Overview and Scrutiny Committee during its meeting dated 19 October 2023 and by Cabinet during its meeting dated 7 November 2023.

It was RESOLVED:

1.   To note the contents of the Council’s Annual Report for Compliments, Complaints and FOI Activity 2022-23 (Appendix 1)

2.   To note the contents of the Ombudsman’s Annual Letter (Appendix 4)

3.   To note the feedback from the Cabinet Committee’s discussion regarding these reports on 7^th November 2023: ‘Cabinet noted the report and the feedback from the Corporate Resources Overview and Scrutiny Committee’

Councillor Bryan Davies presented the report to Council noting that the post of Corporate Lead Officer - Porth Cynnal and Statutory Director of Social Services had recently become vacant due to the departure of Mr Ricky Cooper.  He noted that this is a statutory and critical role for the Council, and as such a proposal to appoint an interim Corporate Lead Officer – Porth Cynnal for up to a 6 month period, via a recruitment agency was accepted by the Appointments Panel, made up of the Leader of the Council, Councillor Bryan Davies along with both Opposition Group Leaders, Councillors Elizabeth Evans and Gareth Lloyd.

Councillor Gareth Lloyd asked for clarification as to whether the 6 month period could be cut short if a successful appointment was made, and it was confirmed that this was the case.

The content of the report was noted by Council.

This report is not for publication as it contains exempt information as defined in paragraph 12 and 14 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) (Wales) Order 2007. If, following the application of the Public Interest Test, the Council resolves to consider this item in private, the public and press will be excluded from the meeting during such consideration, in accordance with Section 100B(2) of the Act.

This report is not for publication as it contains exempt information as defined in paragraph 12 and 14 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) (Wales) Order 2007. If, following the application of the Public Interest Test, the Council resolves to consider this item in private, the public and press will be excluded from the meeting during such consideration, in accordance with Section 100B(2) of the Act.

It was RESOLVED that the content of the report remain restricted and not to exclude the public and press from the meeting as the document was not discussed in public.

It was RESOLVED to confirm the Membership of the Council’s Committees as presented at the meeting.