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Agenda, decisions and minutes

Venue: Virtual Meeting - Zoom

Contact: Eirian Roberts  01286 679018

Media

Items
No. Item

1.

APOLOGIES

To receive any apologies for absence

Additional documents:

Minutes:

 

Apologies were received from Councillors:- Menna Baines, Beca Brown, Dylan Bullard, Annwen Daniels, Simon Glyn, R.Medwyn Hughes, Keith Jones, Cai Larsen, Jason Parry and Elfed Roberts.

 

2.

MINUTES pdf icon PDF 357 KB

The Chair shall propose that the minutes of the previous meeting of the Council held on 7th October, 2021 signed as a true record.

Additional documents:

Minutes:

The Chair signed the minutes of the meeting of the Council held on 7 October, 2021 as a true record:-

 

3.

DECLARATION OF PERSONAL INTEREST

To receive any declaration of personal interest.

 

Additional documents:

Minutes:

 

Members had received a briefing note from the Monitoring Officer in advance regarding item 7 - Council Tax Reduction Scheme 2022/23, and Item 8 - Council Tax: Discretionary Powers to Allow Discounts and/or Raise a Premium 2022/23.

 

(1)       The following members declared a personal interest in item 7 on the agenda - Council Tax Reduction Scheme 2022/23 for the reasons noted:-

 

·         Councillor Stephen Churchman as he was in receipt of Council Tax benefit.

·         Councillor Gareth A. Roberts because a close family member had received the Council Tax discount.

 

The members were not of the opinion that they were prejudicial interests, and they did not withdraw from the meeting during the discussion on the item.

 

(2)    The following members declared a personal interest in item 8 on the agenda - Council Tax: Discretionary Powers to Allow Discounts and/or Raise a Premium 2022/23 for the reasons noted:-

 

·         Councillor Gareth A. Roberts as he owned a vacant property that was being rebuilt.

·         Councillor Dewi Roberts as a member of his family had a second home.

·         Councillor Angela Russell because she owned a second home.

·         Councillor Aled Wyn Jones because close relatives of his owned a second home and holiday homes.

·         Councillor Gethin Glyn Williams as close connections of his owned empty properties and second homes.

·         Councillor Dyfrig Siencyn because a close relative of his owned a second home.

·         Councillor Elwyn Edwards as he was part owner of two flats above Awen Meirion, High Street, Bala.

·         Councillor Peredur Jenkins because he owned a second home.

·         Councillor Linda Morgan as a member of her family owned a second home.

 

The members were of the opinion that they were prejudicial interests, and they withdrew from the meeting during the discussion on the item.

 

(3)       Dewi Morgan (Assistant Head of Revenue and Risk)1 declared a personal interest in item 12 on the agenda - Appointment of a New Section 151 Officer as the decision confirmed his appointment as the prospective holder of the Post of the Council's Head of Finance, as the new Section 151 Officer for the Authority from 1 January 2022, in accordance with the requirements of Section 151 of the Local Government Act 1972.

 

The officer was of the opinion that it was a prejudicial interest and withdrew from the meeting during the discussion on the item.

 

4.

THE CHAIR'S ANNOUNCEMENTS

To receive any Chair’s announcements.

 

Additional documents:

Minutes:

The Chair noted, with sadness, the news of the death of Mrs Patricia G. Larsen, Penisarwaun, the former chair of this Council, and one who gave a lifetime of service to her local community.  He paid tribute to her, expressing the Council's deepest condolences with Councillor Cai Larsen, and the family in their loss.

 

It was also noted that former Councillor Wyn Myles Meredith, Dolgellau, had died recently.  Councillor Peredur Jenkins paid tribute to him and expressed the Council's deepest condolences with his family.

 

It was also noted that Cefin Edwards, a staff member of Gwynedd Consultancy had died very recently. The Chief Executive paid tribute to him and expressed the Council's deepest condolences with his family.

 

It was also noted that the Council wished to sympathise with everyone in the county’s communities who had recently lost loved ones.

 

The Council stood in silence as a mark of respect and remembrance.

 

In congratulating Dewi Morgan, who had been appointed Head of Finance Department, the Council also conveyed best wishes and gratitude to Dafydd Edwards, who was attending his last meeting of the Council in that role. The Chief Executive also thanked Dafydd Edwards for his service over the years, and for his support for him personally.

 

It was noted that several staff members had been taken ill recently, and they were all wished a speedy recovery.

 

The Chief Executive noted that the Covid case numbers in Gwynedd were higher than they had ever been, although there were signs that we had now reached the peak of the wave, and we would see a fall in cases soon. Until the situation was stable, specific units within the Council were still under pressure, with a number of staff absent from work, and service continuation arrangements were now in place in several units across the Council. The Council's emergency management arrangements were entirely robust at the moment; however, it was inevitable there would be an impact on services in the short-term, and the members were asked to assist by spreading this message in their communities.  However, it was very much hoped that there would be no impact on front-line services, and it was noted that the members would be updated regularly on the situation.

 

It was noted that Tim and Inger Hancock who had come forward to provide foster care for seven siblings, had been honoured with an 'Outstanding Contribution to Foster Care' Award by the UK Fostering Excellence Awards. The Council sent them its warmest congratulations for being recognised by the awards and their outstanding contribution to fostering in Gwynedd.  It was also noted that this was an opportunity to thank all our foster carers who looked after for our children, noting that the Council very much appreciated their hard work and commitment.

 

It was noted that the Queen's Award for Voluntary Service had recently been presented to Barmouth Community First Responders by Edmund Bailey, the Lord-Lieutenant for Gwynedd.  This was the highest award given to voluntary groups in the United Kingdom,  ...  view the full minutes text for item 4.

5.

URGENT ITEMS

To note any items which are urgent business in the opinion of the Chair so they may be considered.

 

Additional documents:

Minutes:

None to note.

6.

QUESTIONS

To consider any questions the appropriate notice for which have been given under Section 4.19 of the Constitution.

 

Additional documents:

Minutes:

 

(The Cabinet Members' written responses to the questions had been distributed to the members in advance).

 

(1)      Question from Councillor Gareth A. Roberts

 

"Many older and ill people find it difficult to look after themselves and we have a shortage of care homes and care workers.

 

If a family member wishes to move in to care for an elderly or ill relative, they are not required to pay Council Tax on their own homes, but the person they care for will only receive a discount of 50% Council Tax.

 

Will the Council permit both the person who provides the care and the person receiving the care to receive a full 100% Council Tax discount?"

 

Response from the Cabinet Member for Finance, Councillor Ioan Thomas

 

"A statutory exemption exists which means that Council Tax is not payable on property that has been left vacant by someone who has moved away to provide personal care to someone else.  There are 10 properties that receive this exemption in Gwynedd, with the taxpayers of five of them providing care to individuals who live in other properties in Gwynedd, and the other five are providing care for individuals who live outside the county.

 

The costs of any additional discretionary discounts would be funded entirely from the Council's coffers. If we were to talk of five properties, the cost of providing the additional discretionary exemption would be approximately £10,000.

 

However, there are now 400 properties receiving either a 25% or 50% discount because at least one of the residents is receiving care, but where no properties have been left vacant by the carer.  It is noted that the question relates to a further discount on Council Tax for care receivers.

 

We cannot see how the Council could make a fair decision, that can be defended legally, to give five properties an additional Council Tax discount without giving it to up to another 400 properties also.  This would cost around £500,000 a year for the Council, and would mean having to prioritise Council resources, and the inevitable outcome of this would be to introduce savings and cuts elsewhere.

 

If the person who is receiving care pays Council Tax (or a proportion of Council Tax if they receive a discount), the value of the amount paid is included in their financial assessment to increase the amount of income they can keep every week before having to begin paying for their care. Everyone can keep enough money to pay for their Council Tax before they begin to pay for their care.

 

Given all the factors relating to taxation matters and calculating care costs, I cannot see how the proposal in the question could be affordable or how it could increase fairness in the system across the county.  Nevertheless, the Finance Department will continue to consider which discretionary discounts would be appropriate, if at all, and will keep the cases in question under consideration as part of this."

 

(2)    Question from Councillor Nia Jeffreys

 

"Following another blow to our communities  ...  view the full minutes text for item 6.

7.

COUNCIL TAX REDUCTION SCHEME 2022/23 pdf icon PDF 127 KB

To submit the report of the Cabinet Member for Finance.

Additional documents:

Decision:

 

·                To continue the Council's Local Scheme for the year commencing 1 April 2022 as it was in 2021/22.  Therefore, the following conditions (a - c below) regarding the continuation of the discretionary elements would apply:

 

a)    To apply a 100% disregard for war disablement pensions, war widows’ pensions and war widowers’ pensions, for both pensioners and working age claimants.

b)    Not to increase the extended reduction periods for pensioners and working age claimants from the standard four weeks in the Prescribed Scheme.

c)    Not to increase the backdate period for pensioners and working age claimants from the standard three months contained within the Prescribed Scheme.

·         Where appropriate, to delegate powers to the Head of Finance Department, in consultation with the Cabinet Member for Finance, to make minor amendments to the scheme for 2022/23, provided that it will not change the substance of the scheme.

Minutes:

The Cabinet Member for Finance, Councillor Ioan Thomas, submitted a report asking the Council to confirm the continuation of the current Local Scheme to provide assistance towards paying Council Tax for the year commencing 1 April 2022.

 

In response to a question, it was explained that there were different types of support available for people on low wages, but as this varied according to the individual's circumstances, it was impossible to provide a single solution. However, anyone who was struggling was encouraged to contact the Department to see what could be done.  It was also noted that discussions were being held to see if it was possible to operate on a more cross-departmental level to offer support.

 

RESOLVED

·                To continue the Council's Local Scheme for the year commencing 1 April 2022 as it was in 2021/22.  Therefore, the following conditions (a - c below) regarding the continuation of the discretionary elements would apply:

 

a)        To apply a 100% disregard for war disablement pensions, war widows’ pensions and war widowers’ pensions, for both pensioners and working age claimants.

a)        Not to increase the extended reduction periods for pensioners and working age claimants from the standard four weeks in the Prescribed Scheme.

b)        Not to increase the backdate period for pensioners and working age claimants from the standard three months contained within the Prescribed Scheme.

·                Where appropriate, to delegate powers to the Head of Finance Department, in consultation with the Cabinet Member for Finance, to make minor amendments to the scheme for 2022/23, provided that it will not change the substance of the scheme.

 

8.

COUNCIL TAX: DISCRETIONARY POWERS TO ALLOW DISCOUNTS AND/OR RAISE A PREMIUM 2022/23 pdf icon PDF 219 KB

To submit the report of the Cabinet Member for Finance.

 

Additional documents:

Decision:

 

That the Council makes no change to the scheme for 2022/23.  For 2022/23, that Gwynedd Council:

·         Allows NO discount on class A second homes, in accordance with Section 12 of the Local Government Finance Act 1992.

·         Allows NO discount and RAISES A PREMIUM of 100% on class B second homes, in accordance with Section 12B of the Local Government Finance Act 1992.

·         Allows NO discount on homes that have been empty for 6 months or more and RAISES A PREMIUM of 100% on homes that have been empty for 12 months or more, in accordance with Section 12A of the Local Government Finance Act 1992.

 

Minutes:

The Cabinet Member for Finance, Councillor Ioan Thomas, presented a report asking the Council for formal confirmation for 2022/23, of the previous decisions not to give discounts to second homes and to disallow discounts on empty properties, and to raise a premium of 100% on such relevant properties.

 

Members were given an opportunity to make observations and ask questions.  The following matters were raised by individual members:

 

·         It was noted that the circumstances of individuals and families who owned long-term vacant properties varied greatly, and it was asked what support could be given to those individuals. In response, it was noted that the recommendation remained to raise a Premium on long-term vacant properties as such properties could cause social problems in some locations, but that a policy could be introduced under another section of the act which allowed the Council discretion to reduce the Premium in some cases, such as where a property had been inherited by family, and there was work to bring the house back to order as part of the estate.

·         It was asked how close we were to the estimation that an additional £3.9m generated by the 2021/22 premium would be available to the fund, given that 2,045 properties had been transferred from the Council Tax list to the Non-domestic Rating list.  In response, it was explained, in preparing the estimates every year, there was a need to look prudently at how many would transfer, anticipating that the pattern of transferring would continue without legislative intervention. Late transfers in this financial year could mean loss, maybe, that would be back-dated for a period.  Therefore, it was impossible to say how close we were to the £3.9m, but currently, we could be quite confident that we would be relatively close in terms of the money coming in.

·         In response to a question, it was explained that the definition of a property that was unsuitable for habitation was in the hands of the District Valuer.  Anyone who owned this type of property was asked to contact the Valuer, and should the Valuer conclude that it was unsuitable, it would be removed from the banding.  The valuer had recently tightened the definition, so that the property had to be more or less derelict before being removed from the list.  It was noted, should members have concerns about a specific property in their ward, they could discuss them with the Finance Department in the first instance.

·         Concern was expressed that caravan owners did not pay any Council Tax, yet they used Council services, and it was suggested that this should be reviewed.

·         The importance of adhering to the policy of raising a Premium on second homes and keeping the pressure on Welsh Government to solve the holiday homes problem was emphasised.

·         It was suggested that the extended exemption period of 12 months to renovate long-term empty property was not enough as it was very difficult nowadays to find a builder / joiner / plumber / electrician to collaborate and complete  ...  view the full minutes text for item 8.

9.

GWYNEDD COUNCIL'S DIVERSITY DECLARATION pdf icon PDF 379 KB

To submit the report of the Chair of the Democratic Services Committee.

Additional documents:

Decision:

To adopt the work programme to support Gwynedd Council's Diversity Declaration.

 

Minutes:

The Chair of the Democratic Services Committee, Councillor Anne Lloyd Jones, submitted a report inviting the Council to adopt a work programme to support Gwynedd Council's Diversity Declaration.

 

The Corporate Support Cabinet Member thanked the Chair and the members of the Democratic Services Committee for their work on this important subject.

 

Members were given an opportunity to make observations and ask questions.  The following matters were raised by individual members:

 

·         The Cabinet Member for Corporate Support was thanked for ensuring that the declaration would be amended to include people who identified as LGBTQ+, and anyone with protected characteristics were encouraged to stand for election in May.

·         It was noted that it was very important to have diversity on the Council, and for the Council to reflect the people of Gwynedd today.  

·         The importance of keeping this matter in mind when discussing conditions and recognition for elected members was emphasised, as these matters were crucial in attracting people to be part of the Council.

 

RESOLVED to adopt the work programme to support Gwynedd Council's Diversity Declaration.

 

10.

LOCAL GOVERNMENT AND ELECTIONS (WALES) ACT 2021 - ARRANGEMENTS FOR FUTURE COUNCIL MEETINGS pdf icon PDF 391 KB

To submit the report of the Chair of the Democratic Services Committee.

 

Additional documents:

Decision:

 

·         To adopt the arrangements for future Council meetings in accordance with the principles set out in paragraph 9 of the report to Council, with meetings of the Full Council, Planning Committee and scrutiny committees to be held from a location (hybrid) with the remainder remaining virtual meetings.

·         Confirm the responsibility of implementing a start date to the Head of Democracy Services in consultation with the Monitoring Officer, Chair of Democracy Services Committee and Council Chair, following the lifting of the current restrictions.

 

Minutes:

The Chair of the Democratic Services Committee, Councillor Anne Lloyd Jones, submitted a report inviting the Council to approve arrangements to hold Council meetings in order to address the new requirements in Part 3 of the Local Government and Elections (Wales) Act 2021.

 

Members were given an opportunity to make observations and ask questions.

 

A number of members expressed their concerns regarding the virtual / hybrid arrangements on the following grounds:-

 

·         There were broadband issues across the county, and it was asked if the Council could do more to assist with this, for the benefit of the county's businesses and councillors.  In response, it was noted that the Growth Deal would invest in the region's digital infrastructure.

·         That the old arrangements (i.e. in-person meeting in the Chamber) were better.

·         That the report did not refer to mental well-being or loneliness, and these matters would worsen if everyone continued to work alone in front of a screen, without the opportunity to socialise and chat with colleagues and councillors.

·         There was concern about how new members from May onwards would receive the support and assistance they required.

·         It was important to have in-person meetings to enable staff to get to know new staff and for councillors to get to know their new fellow councillors after May.

 

Hope was expressed that there would be a continuous review of the arrangements.

 

The shift to hybrid meetings was supported by other members on the grounds that it would give members the choice of coming to the chamber, or participating in the discussion from home.

 

Referring to the 'Virtually only' sub-heading in the 'Type of Meeting' column in Appendix A of the report, concern was expressed that this closed the door to in-person meetings forever, and an amendment was proposed to remove the sub-heading, so that all meetings would become hybrid, and therefore retaining the option for councillors to attend meetings in a location.   

 

In response to the amendment and to the members’ observations, it was noted:-

 

·         That adopting the procedure of holding some meetings virtually only would not close the door, and it was very important to monitor and review the arrangements continuously (at least annually).

·         There was reference in the report to exceptions that would occur from time to time, such as initial meetings after elections, so that new members could familiarise themselves with the Council's work, and for returning members to be able to meet their new fellow members.

·         That the amendment to make all meetings hybrid would transform what the Democratic Services Committee had put forward, and meant that every meeting would have to be held in a chamber as a starting point.  Should the amendment be accepted, the matter would have to be referred back to the committee to consider the implications, and to receive a further report on the matter.  The Council was not in a position to make a decision there and then to hold every meeting in a chamber the second the restrictions would be lifted.

·         The desire  ...  view the full minutes text for item 10.

11.

LOCAL GOVERNMENT AND ELECTIONS (WALES) ACT 2021 - AUDIT AND GOVERNANCE COMMITTEE pdf icon PDF 361 KB

To submit the report of the Monitoring Officer.

Additional documents:

Decision:

 

·         Note the changes to the Constitution made by the Monitoring Officer in
Appendix 1 of the report.

 

·         Confirm the recommendation of the Governance and Audit Committee to set the total membership of the Governance and Audit Committee at 12 elected members and 6 Lay Members for May 2022.

 

Minutes:

The Monitoring Officer submitted a report detailing the Constitutional changes to the Governance and Audit Committee and seeking the Council's guidance on the size of the committee in future.

 

Members were given an opportunity to make observations and ask questions.  The following matters were raised by individual members:

 

·         Concern was expressed regarding the loss for the Independent Group, which currently held the chairpersonship and vice-chairpersonship of the Audit and Governance Committee.  However, it was understood that these were changes introduced by the Welsh Government.

·         In response to a question, it was explained that the 12 elected members on the committee would be appointed by the groups, in accordance with the political balance.

·         It was suggested that the lay members appointment panel appeared to be very small.

·         In response to a question, it was explained that the lay members would be appointed before the new provisions would come into force in May, and therefore the current chair of the Audit and Governance Committee would be able to sit on the panel. 

 

 

RESOLVED

·                To note the changes to the Constitution made by the Monitoring Officer in
Appendix 1 of the report.

·                To confirm the recommendation of the Governance and Audit Committee to set the total membership of the Governance and Audit Committee at 12 elected members and 6 Lay Members for May 2022.

 

12.

APPOINTMENT OF NEW SECTION 151 OFFICER pdf icon PDF 201 KB

Report to follow.

Additional documents:

Decision:

 

That the Council confirms Dewi Aeron Morgan, as prospective holder of the post of
the Council’s Head of Finance, as the new Section 151 Officer for the Authority from
1 January 2022, in accordance with the requirements of Section 151 of the Local
Government Act 1972.

 

Minutes:

Submitted - the report of the Cabinet Member for Corporate Support, Councillor Nia Jeffreys, inviting the Council to confirm Dewi Aeron Morgan, as prospective holder of the post of the Council’s Head of Finance, as the new Section 151 Officer for the Authority from 1 January 2022, in accordance with the requirements of Section 151 of the Local Government Act 1972.

 

RESOLVED That the Council confirms Dewi Aeron Morgan, as prospective holder of the post of the Council’s Head of Finance, as the new Section 151 Officer for the Authority from 1 January 2022, in accordance with the requirements of Section 151 of the Local Government Act 1972.

 

13.

NOTICES OF MOTION

Additional documents:

14.

Notice of Motion by Councillor Gethin Glyn Williams

In accordance with the Notice of Motion received under Section 4.20 of the Constitution, Councillor Gethin Glyn Williams will propose as follows:-

 

Over the centuries the lands and resources of Wales have been used for extraction of all manner of commodities for the benefit of others. The latest 'commodity' being seized upon from our landscape is the potential in carbon, as investment companies from outside Wales are purchasing farms, gaining large Glastir Woodland Creation (GWC) grants and using the land for afforestation to offset their carbon emissions.  

 

The council calls on the Welsh Government to: 

·         Urgently amend the eligibility of their GWC grant so that only active farmers in Wales are able to apply.  

·         Introduce planning development legislation to enable local planning authorities such as Gwynedd to control afforestation projects. 

 

It is vital the Welsh Government moves to protect Wales’ rural environment and resources for the benefit of a new Green circular economy and to strengthen Welsh industries, communities and services. 

 

Additional documents:

Decision:

 

To adopt the motion, namely:

 

Over the centuries the lands and resources of Wales have been used for extraction of all manner of commodities for the benefit of others.
 

The latest 'commodity' being seized upon from our landscape is the potential in carbon, as investment companies from outside Wales are purchasing farms, gaining
large Glastir Woodland Creation (GWC) grants and using the land for afforestation to offset their carbon emissions.

 

The Council calls on the Welsh Government to:
 

· Urgently amend the eligibility of their Glastir (GWC) grant so that only active farmers in Wales are able to apply.

 

· Introduce planning development legislation to enable local planning authorities such as Gwynedd to control afforestation projects.

 

It is vital the Welsh Government moves to protect Wales’ rural environment and resources for the benefit of a new Green circular economy and to strengthen Welsh industries, communities and services.

 

Minutes:

Submitted - the following notice of motion by Councillor Gethin Glyn Williams, in accordance with Section 4.20 of the Constitution, and it was seconded:-

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Over the centuries the lands and resources of Wales have been used for extraction of all manner of commodities for the benefit of others. The latest 'commodity' being seized upon from our landscape is the potential in carbon, as investment companies from outside Wales are purchasing farms, gaining large Glastir Woodland Creation (GWC) grants and using the land for afforestation to offset their carbon emissions.

 

The Council calls on the Welsh Government to:
 

· Urgently amend the eligibility of their Glastir (GWC) grant so that only active farmers in Wales are able to apply.

· Introduce planning development legislation to enable local planning authorities such as Gwynedd to control afforestation projects.

 

It is vital the Welsh Government moves to protect Wales’ rural environment and resources for the benefit of a new Green circular economy and to strengthen Welsh industries, communities and services."

 

The member set out the context to his motion, members expressed their support of the motion, noting:-

 

·         There was no clarity as to who the investment companies buying the farms were.

·         That this practice had to be stopped, and ensure that the resources remained in the hands of the people of Wales.

·         That people did not understand how reliant farmers were on grants such as Glastir, and it should be legislated that farms should be run as farms by local people, rather than being used to plant trees.

·         It was claimed that using farming land in this way was an offset for carbon emissions.  However, removing farming land from Wales meant that we were producing less food, and the inevitable result of that was having to import food, which added to carbon emissions.

·         That some farmers in Pen Llŷn had applied for the Government's woodland grant, but had been refused.

 

 

RESOLVED to adopt the motion, namely:-

 

Over the centuries the lands and resources of Wales have been used for extraction of all manner of commodities for the benefit of others. The latest 'commodity' being seized upon from our landscape is the potential in carbon, as investment companies from outside Wales are purchasing farms, gaining large Glastir Woodland Creation (GWC) grants and using the land for afforestation to offset their carbon emissions.

 

The Council calls on the Welsh Government to:
 

· Urgently amend the eligibility of their Glastir (GWC) grant so that only active farmers in Wales are able to apply.

· Introduce planning development legislation to enable local planning authorities such as Gwynedd to control afforestation projects.

 

It is vital the Welsh Government moves to protect Wales’ rural environment and resources for the benefit of a new Green circular economy and to strengthen Welsh industries, communities and services.