Decisions

Strategic Partnering Agreement (SPA)- Deed of Adherence

RESOLVED: that

a)approval be given to the execution, delivery and performance of a supplemental agreement to  the WEP Strategic Partnering Agreement dated 30th September 2020 (the “Deed of Adherence”) in order that from the date of execution of the Deed of Adherence the Joining Participants are able to give effect to and be bound by the terms of the WEP Strategic Partnering Agreement dated 30th September 2020 as a party to it, to facilitate the delivery of a range of infrastructure services and the delivery of education and community facilities;

(b)approval be given to the terms of the Deed of Adherence at Appendix A of this report and summarised in this report so as to give effect to recommendation be  (a); and

c) that it be noted that in agreeing to enter into the Deed of Adherence, aside from the addition of the Joining Participants as other Participants, this in no way alters the existing terms of the Strategic Partnering Agreement dated 30th September 2020 to which the College is a party and is required to give effect to and be bound by.

Appendix 2, 3 and 4 of this report is not for publication as it contains exempt information of the description contained in paragraphs 14 of part 4 and paragraph 21 of part 5 of Schedule 12A of the Local Government Act 1972.

AGREED: that

1.    the long leasehold interest in the New Penn Inn be acquired

2.    the freehold interest be appropriated to Council’s Housing Revenue Account.

Consultation on the draft Vision, Issues and Objectives and draft Integrated Sustainability Appraisal Scoping Report took place between 28^th May and 23^rd July 2021.

The purpose of this report is to report back to Council the findings of this consultation process and recommend the Council approve the Vision and Objectives for the Replacement Local Development Plan and the Final Integrated Sustainability Appraisal Scoping Report which will be used to assess the plan. 

RESOLVED: that Council be recommended to approve the Replacement Local Development Vision and Objectives and Integrated Sustainability Appraisal Scoping Report.

Consideration of acquisition of land within the ISV to progress development strategy and conclude Development Agreement for Waterfront site.

Appendices 1 and 5-11 of this report are not for publication as they contain exempt information of the description contained in paragraphs 14, 16 and 21 of Schedule 12A of the Local Government Act 1972.

RESOLVED: that

1.            the acquisition of assets owned by Greenbank Partnership Ltd (including its subsidiaries) be approved in accordance with the Heads of Terms set out at Confidential Appendix 5 and to authority be deleated 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 deal with all matters relating to legal completion of those assets and management of the Ice arena.

2.            Subject to (1) above, the formal termination of the International Sports Village Development Agreement with Greenbank Partnership Ltd attached as Confidential Appendix 1 by mutual agreement be authorised

The annual complaints report for the Council provides the total number of complaints and compliments received by the Authority each financial year. This includes information on the volumes received by each service area with narrative provided on trend analysis, explaining any increase or decrease from the previous year. Improvements made by the Council as a result of customer feedback is also considered and documented. Additional information is provided on complaints that have been escalated to the Public Ombudsman for Wales including data such as the number of complaints being upheld.

RESOLVED: that the contents of the report be noted

The report will inform the Cabinet of the key risks facing the Council. The Cabinet will have last sighted the Corporate Risk Register (CRR) at a Cabinet Meeting in December 2020. Senior officers review the document quarterly and the Cabinet once every 6 months. Corporate Risk owners are at a Director level, and they each input to the review of this document.

RESOLVED: that the content of the Corporate Risk Register be noted.

To receive the financial monitoring position at month 4

RESOLVED: that

1.         the projected revenue financial outturn based on the projected position at Month 4 of the financial year be noted

2.         the capital spend and projected position at Month 4 of the financial year be noted

At its meeting on 14 December 2017 the Council Cabinet considered a report setting out the Council’s priority schemes to be undertaken as part of Cardiff’s Band B 21s Century Schools Programme.

The priorities include a proposal for Willows High School to be rebuilt as a new 11-16 high school with 6 forms of entry (6FE).

As part of the development of the proposal a public engagement exercise was to be undertaken in order to provide opportunities for interested parties to find out more about what is being proposed and share their views as to how the school could be developed to best represent and provide for the needs of the local communities it serves.

The purpose of this report is to inform Cabinet of the views expressed by stakeholders throughout the engagement and to provide further information regarding the funding mechanism of this project.          

RESOLVED: that

1.            the responses received during the public engagement exercise on the proposal to provide a new build school for Willows High School be noted

2.            it be noted that Officers will be entering into the Deed of Adherence to enable new participants to become a party to and to be bound by the Strategic Partnering Agreement for delivering MIM schemes.

3.            Approval be given to the delivery of the scheme through the Band B 21st Century Schools capital funded programme, subject to Welsh Government approval.

4.            Authority be delegated to the Director of Education & Lifelong Learning (in consultation with the Cabinet Members for Education, Employment & Skills and Finance, Modernisation & Performance, the Director of Governance and Legal Services, and the Corporate Director for Resources) to determine all aspects of the procurement process (including for the avoidance of doubt (including approving the evaluation criteria to be used, commencing the procurement and authorising the award of the proposed contract) for the new build school and all ancillary matters pertaining to the procurement. 

To obtain Cabinet agreement for the acquisition of land at Ty Glas Avenue, Llanishen in order to secure a site for education purposes

Appendices 3,4,5 and 6 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.

RESOLVED: that

1.            Subject to contract, the freehold interest for the land at Ty Glas, Llanishen be acquired in line with an independent valuation.

2.            responsibility be delegated to the Director of Economic Development (in consultation with Director of Education) and Section 151 officer for all matters relating to the acquisition of land and demolition.

This report will consider the Full Business Case for the delivery of a new 15,000 capacity Indoor Arena as part of the wider Atlantic Wharf regeneration.

As part of this process the Council will need to consider and agree the Development Agreement.   

Appendices 2 to 7 of this report are not for publication as they contain exempt information of the description contained in paragraphs 14 (Information relating to the financial or business affairs of any particular person (including the authority holding that information) and16 (Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) of Schedule 12A of the Local Government Act 1972.

RESOLVED: that

(i)           the Full Business Case for the new Indoor Arena as set out in Confidential Appendix 2 be approved

(ii)          the Live Nation consortium be confirmed as the successful bidder to be the Council’s partner to deliver and operate a new Indoor Arena and Travelodge Hotel at Atlantic Wharf, Butetown;

(iii)         the legal advice mentioned at  Paragraph 28 of this report be noted and Option 1 as recommended at paragraph 9.10 of that advice proceed

(iv)         the legal documentation as detailed in Confidential Appendix 5 be approved and  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:

(a)      approve the final terms of the legal documentation as detailed in Confidential Appendix 4 and in so doing approve any amendments to the legal documentation approved here as may be necessary, for reasons including but not limited to ensuring consistency between them and finalising any outstanding areas;

(b)      approve any further deeds and documents which are ancillary to the legal documents approved here; and

(c)       enter into all the necessary contractual documents associated with the delivery of the Arena.

(v)       the obligations that will be placed on the Council to support the delivery of the new Indoor Arena as set out in the Conditions Precedent document attached as Confidential Appendix 3 be noted

(vi)      Approval in principle be given to a Compulsory Purchase Order for the acquisition of land outside of the Arena demise to facilitate the delivery of the wider Arena site and Atlantic Wharf masterplan.

(vii)    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 an Indoor Arena in accordance with the development described in this report, to:

(a)  approve the appropriation of the land that is within the Council’s ownership edged red on the plan at Appendix 8 to planning purposes as it is no longer required for its current purpose; and

(b) delegate authority to the Director of Economic Development to take all steps necessary to appropriate to planning purposes:

(i) the land edged blue on the plan at Appendix 8 following the advertisement of all relevant public open space notices; and

       (i) the land edged red on the plan at Appendix 8 following the surrender of the lease to Travelodge and the transfer of ownership of this land back to the Council;

(viii)   Approve for delivery associated enabling works to deliver the Indoor Arena and Travelodge Hotel as described in more detail in Confidential Appendix 2 and the design development costs underwrite as detailed in Confidential Appendix 6.

In April 2020 Cabinet considered proposals for the over-cladding of 5 blocks of council high rise flats.  This report will provide an update on progress and issues encountered with the project to date, this will  include details of the revised timeline and costs.

Appendices 1 & 2 to this report is exempt from publication on the basis that it contains information of the description set out in paragraphs 14 and 21 of Part 4 of schedule 12 A of the Local Government Act 1972 and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

Appendix 3 to this report is exempt from publication on the basis that it contains information of the description set out in paragraph 16 of part 4 of schedule 12A of the local government act 1972.

RESOLVED: that

1.            the increase in estimated costs for the over cladding of the council high rise blocks at Lydstep flats and potential increases for the future projects at Nelson House and Loudoun House be noted

2.            the proposed works for the 3 blocks at Lydstep flats with new estimated costs at circa £15,100,000 be carried out

3.                   a virement be approved from existing budgets to meet the cost of the Lydstep Flats project and it be noted that Over-cladding work at the other high rise blocks will be subject to a further report which will address affordability and funding.

4.            authority be delegated to the Corporate Director, People and Communities, in consultation with the Cabinet member for Housing and Communities, the section 151 Officer and Director of Governance and Legal Services , to deal with all aspects of the procurement relating to re-cladding of the 3 high rise blocks at Lydstep Flats, ( including finalising the  procurement route, setting the contract evaluation criteria and  award  of contracts.)