Agenda, decisions and minutes

An apology for absence was submitted on behalf of Councillor Paul Walmsley. 

To confirm as a correct record the minutes of the meeting of the Executive Cabinet held on 29 March 2012 (enclosed). 

RESOLVED - The minutes of the meeting of the Executive Cabinet held on 29 March 2012 be confirmed as a correct record and signed by the Executive Leader.

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct Councillor Adrian Lowe declared a personal interest in respect of Item 6: Final Report of the Overview and Scrutiny Task Group - Tourism and Promoting Chorley and Councillor Peter Wilson declared a personal interest in respect of item 8: Land rear of 52-78 Fairview Drive, 3 and 4 Barn View and 11-17 Fairview Drive, Adlington - Notification of one objector to Disposal of Open Space.

Three questions were received from members of the public.  These were read out by the members of the public and the detail is set out below. 

Question one: Mick Finan, Wheelton and Rural District Royal British Legion.

One major concern is the apparent inflexibility by representatives from Chorley Remembers concerning this project.

Certain members are obsessed with the removal of the current memorial stones at the Cenotaph, in particular the Falklands Stone.

These stones have been placed in the park after consultation with past council representatives and have served the town and the wider community well.

Why then is there the need to remove them in preference to the new stones commemorating the fallen of two wars. There is ample space at the Cenotaph to accommodate this new project without impacting on the current memorial stones. The conduct of some members of Chorley Remembers has been offensive and uncalled for. This has lead to upset and anger amongst the service community and has been to the detriment of Chorley. The offer to give the Falklands Stone away (back to Wales or the Welsh Guards is totally inappropriate and shameful.) This was made abundantly clear by the lack of representatives from the Household Division who normally support the Falklands Parade but were noticeable by their absence this year.

I would also like to bring to the committee’s attention that in the past, council representatives and the towns MP have given undertakings that the stones, in particular the Falklands Stone WAS NOT GOING ANYWHERE. These promises have been made to veterans and especially those members of the South Atlantic Medal Association.

I would ask the Executive Committee to carefully consider these proposals and the negative impact that could occur. Alternative proposals have been submitted but have been dismissed out of hand we ask that further consideration be given and if necessary full consultation between ALL interested parties.

Question two: Jim McAuley, Chorley Royal British Legion. 

Chorley RBL would like to ask why the Chorley Remembers project has failed in the remit as directed by the council to enter into consultation with all interested parties as to the redevelopment of the Cenotaph area in Astley Park, namely ourselves, RAFA, SAMA. Royal Naval ass., Parachute Regimental Ass. Despite numerous invitations to attend Committee or extra ordinary meetings of Chorley Branch Royal British Legion to discuss their proposals, all approaches have been ignored.  We have only been included in an initial briefing meeting and then a presentation of plans - which completely disregarded any suggestions that had been put forward by ourselves or other organisations.

We would like to ask how this proposal can claim to be representative of the fallen servicemen of Chorley borough when the local branch of the primary organisation with responsibility for the forces has been excluded and disregarded at every opportunity, and along with all other service organisations would appear to be being handed a fait accomplit of what the Chorley Remembers project wants, not as a result of  ...  view the full minutes text for item 12.EC.110

To receive and consider the report of the Director of People and Places (enclosed). 

Recommendations 1 to 11 approved in principle.  The Executive Leader to undertake further consultation with interested parties and make slight amendments to the proposed Scheme, if required.

Due to the public questions and attendance at the meeting by members of the public the Chair brought forward this item on the agenda. 

The Executive Member for People presented the report which updated Members on the Chorley Remembers Heritage Lottery Fund (HLF) project.  An artists impression of an alternative proposal was circulated at the meeting for information. 

Members clarified that a consultation exercise had been undertaken and that the Welsh Guards / Falkland’s Stone would feature in the enhanced Chorley Cenotaph.  The stone would be moved by a specialist contractor. 

Members discussed the impact delays could have on the project, from loosing the funding all together and the potential for the building work at the Cenotaph not to be completed in time for Remembrance Day. 

Decision made

1.     The recommendations below were approved in principle, subject to the Executive Leader undertaking further consultation with interested parties.  He would make slight amendments to the proposed Scheme, if required.

2.     The progress to date be noted and approval to the Council’s continued involvement.

Enhancement to the Chorley Cenotaph

3.     Approval to the consultation exercise and final plan without the ‘civilian’ stones.

4.     The final costings, work methods, conservation details and insurances to be presented for approval by the Executive Member for People prior to consent being given to work on the site.

Remedial works to the Memorial Arch

5.     The progress to date on this element of the project be noted.

6.     Approval the remedial work identified be noted.

Expansion and enhancement of the Memorial Room at Astley Hall

7.     Approval to the option to use part of the Coach House to accommodate this element of the Chorley Remembers project.

8.     The final costs, work methods, conservation details and insurances to be presented for approval by the Executive Member for People prior to consent being given to work on the site.

Enhancements to the Chorley Pals Memorial Statue

9.     Approval to the final design with a sandstone footpath at an estimated cost £12,000.

10.  Approval to the additional capital funding required of £7,000 to be met within the People and Places directorate capital expenditure and to be reported in future capital budget reports.

Project Contingency

11.  The creation of a contingency budget of £20,000 to support the delivery of the project elements involving Council owned assets.

Reason(s) for decision

To provide an update on progress to date and seek approval for the further actions for the four the elements of project that involve Chorley Council assets.

Alternative option(s) considered and rejected

Not to approve the progress and further actions outlined in the report.

To receive and consider the report of the Overview and Scrutiny Task Group - Private Rented Housing Inspection (enclosed). 

The findings and recommendations of the Overview and Scrutiny Task Group be received.

The report of the Overview and Scrutiny Task Group - Private Rented Housing Inspection was received and considered.  Councillor Bev Murray presented the report as the Chair of the Task Group and thanked the Members and officers who had contributed to the inquiry.

The Task Group had considered the problem of poor housing conditions in some private rented property in the Borough.  The 2010 Housing Stock Conditions Survey identified that there were approximately 4100 private rented properties in the borough which represented 10% of the housing stock.  Many of the low cost private rented properties were thought to have poor housing standards with some tenants afraid to complain because of the fear of eviction.

In looking at this issue, the Task Group had focussed on three main streams: 1, identifying where the private rented housing stock was located in the borough, 2, looking at current and potential housing condition inspection regimes; and 3,potential landlord accreditation schemes and what they might bring towards the overall objective of improving private rented housing accommodation.

The aim of the recommendations was to shift the onus to highlight issues to the Council, to protect the tenant.  Members noted that without information from tenants it was difficult to identify houses that were privately rented. 

Decision made

That the findings and recommendations of the Overview and Scrutiny Task Group on its inquiry into Private Rented Housing Inspectionbe received and accepted for consideration, with a view to the Executive Cabinet’s recommended response to the recommendations being reported to a future meeting.

Reason(s) for decision

In order to allow the Executive Cabinet the opportunity to consider, evaluate and determine its response in the Scrutiny inquiry report.

Alternative option(s) considered and rejected

None.

To receive and consider the report of the Overview and Scrutiny Task Group - Tourism and Promoting Chorley (enclosed). 

That the findings and recommendations of the Overview and Scrutiny Task Group be received.

The report of the Overview and Scrutiny Task Group – Tourism and Promoting Chorley was received and considered.  Councillor Peter Wilson presented the report as the Chair of the Task Group.  He thanked the Task Group Members, Officers and external representatives who had contributed to the report.

The Task Group had collected evidence from a number of different sources including officers and representatives from external organisations to find out what they do, to compare areas of best practice and find out how the Council could best work together in the future. 

The findings and recommendations of the Town Centre Vitality Scrutiny Review were revisited, particularly in relation to attracting more visitors to the town centre and its markets.  The Group identified Chorley’s main assets for tourism around the Borough and the key events in the calendar that might attract people to visit Chorley.

Members noted that there would shortly be a catering facility at Yarrow Valley Country Park and queried the possibility of utilising some of the treasures owned by Astley Park more.  It was suggested that leaflets and promotional material be distributed at a variety of outlets, including Rivington Barn, such as the Interchange. 

Decision made

That the findings and recommendations of the Overview and Scrutiny Task Group on its inquiry into Tourism and Promoting Chorleybe received and accepted for consideration, with a view to the Executive Cabinet’s recommended response to the recommendations being reported to a future meeting.

Reason(s) for decision

In order to allow the Executive Cabinet the opportunity to consider, evaluate and determine its response in the Scrutiny inquiry report.

Alternative option(s) considered and rejected:

None. 

(Councillor Bev Murray left the meeting at 7pm).

To receive and consider the report of the Chief Executive (enclosed).

1.     Recommendation to Council supported.

2.     Recommendation to Council supported.

3.     Recommendation to Council supported.

4.     Recommendation to Council supported.

The Executive Leader presented the report which set out the proposed Code of Conduct and complaints procedure to be adopted from 1 July 2012.

The Localism Act 2011 revoked the existing standards regime and replaced it with a lighter touch more localist scheme.  Councils were now required only to have a code of conduct which was compliant with the Nolan Principals. 

Members discussed the definition of predetermination and noted that Members could now have a legitimate predetermination. 

Decision made

1.     Adoption of the draft Code of Conduct for the Council to comply with from 1 July 2012, adoption to be ratified by Full Council on 17 July.

2.     Adoption of the proposed complaints procedure  for the administration of complaints made to the Council from 1 July 2012, adoption to be ratified by Full Council on 17 July.

3.     Delegated power be granted to the Executive Leader to amend the Code of Conduct to reflect any alteration, addition or amendment introduced by Regulations issued under the Localism Act 2011.

4.     The recruitment procedure for Independent Members to the Standards Sub- Committees be noted.

Reason(s) for decision

Under the terms of the Localism Act 2011 and Statutory Instruments issued under it the Council were obliged to adopt a Code of Conduct that was compliant with the Nolan Principles and a process for the administration of complaints made under the code.

Alternative option(s) considered and rejected

That the form of Code of Conduct issued by the Department of Communities and Local Government be adopted.  This was not felt appropriate as the form of this code was directive in nature, it was in terms of “you will do” as opposed to “I will do”.  This made it less personal to the Members having the appearance of being imposed.

To receive and consider the report of the Chief Executive (enclosed). 

1.     Recommendation approved.

2.     Recommendation approved.

3.     Recommendation approved.

(Councillor Peter Wilson declared a personal interest in this item).

The Executive Leader presented a report updating Members on a report considered in March 2012.  One objection had been received to the disposal of open space as garden extensions from a local dog-walker.

All residents at the location had responded requesting to purchase a parcel of land.  Where a resident had not responded or did not wish to acquire a garden extension neighbouring residents with appropriate access had requested to buy the relevant parcel instead.  A notice advertising the disposal of the open space had been posted on the site and in the local press in order to give any potential objectors the opportunity to object.

Decision made

1.     Progression of the decision (as approved at the Executive Cabinet on the 29 March 2012) to offer the land currently designated as open space to each individual occupier who had expressed an interest.

2.     Progression of the previous authority for the Head of Governance to approve the terms and arrange completion of the sale of each parcel of land; and to approve the terms of a deed of release or modification with Westbury Homes Limited (a dormant subsidiary of Persimmon Homes who own a covenant restricting the use of the land to public open space) and a planning application submitted;

3.     The objection received be noted.

Reason(s) for decision

1.     The sale of the garden extensions would alleviate the problems associated with the public using the land as a walk-through with dogs fouling on the site and alleviate security issues, as previously approved. All residents had responded so there should not be any landlocked gaps left over.

2.     There could potentially be receipts from the sale of the proposed garden extensions and costs as described in the previous report (subject to payment of consideration for release or modification of the open space covenant payable to Westbury Homes).

3.     Chorley Borough Council would no longer be required to maintain this land. This would result in a saving for the Council’s maintenance budget.

Alternative option(s) considered and rejected

The following have already been mentioned in the previous Cabinet Report:

1.     A decision not to allow the parcel to be used for separate garden extensions would result in the land remaining open to the public for a walk-through with its associated safety issues and dog fouling;

2.     Providing a tree wooded was no longer proceeding since the surface water sewer was subsequently not provided in this location and the residents had chosen to request garden extensions.

3.     A Gating Order under the Highways Act was not available as the land was open space rather than a public highway.  Such orders were only possible in relation to public highway.  An alternative “alleygating” scheme to be funded by adjacent residents would involve enclosing the open space with keys provided to residents, the emergency services and United Utilities. This process was not completed by the resident carrying out the canvassing of all the other residents.  ...  view the full minutes text for item 12.EC.115

The report be noted.

The Executive Member for Resources, Policy and Performance presented the report which set out the performance against the delivery of the Corporate Strategy and key performance indicators during the fourth quarter of 2011/12, 1 January to 31 March 2012.

Members raised several queries, particularly in relation to the website refresh which had been rated red due to on-going delays.  Final deployment was due by the end of the second quarter 2012/13 and a copy of the project plan would be forwarded to Councillor Morgan as requested. 

The performance on Town Centre visits was noted as being slightly below target, although plans were being formulated to remedy this.

It was noted that Selectmove was being reviewed as part of a wider issue.  Chorley was leading a Lancashire wide project prior to signing up for the government sponsored “No Second Night Out” programme.  This would involve a package of service Lancashire wide. 

It was clarified that, in total, there were 20 NEETs which had been employed by the Council.  The information about the number of NEETs was collected on a register by LCC’s Children and Young People’s Service on a monthly basis.  The detail of the recruitment process would be forwarded to Councillor Hansford as requested. 

Decision made

The report be noted.

Reason(s) for decision

To facilitate the ongoing analysis and management of the Council’s performance in delivering the Corporate Strategy.

Alternative option(s) considered and rejected

None.

To receive and consider the report of the Chief Executive (enclosed). 

The report be noted.

The Executive Member for Resources, Policy and Performance presented the report which provided a summary of the progress made by the Chorley Partnership throughout 2011/12.  The report included partnership performance information, projects delivered in 2011/12 and the work undertaken to deliver the Sustainable Community Strategy.

Members discussed the issue of Domestic Violence and the need for a partnership approach moving forward to tackle this.  A query was raised in relation to the VCFS Forum and Councillor Hansford agreed to forward a list of the organisations who wanted to be involved to officers. 

The pedestrian access from Euxton Lane to the railway station on Buckshaw Village was discussed.  A planning application was anticipated that would resolve this issue and would include landscaping and lighting in the area of the pedestrian access. 

The first meeting of the Chorley Partnership would be held the following week where the priorities and projects going forward would be discussed. 

Decision made

The report be noted, before presentation to the LSP Executive.

Reason(s) for decision

To facilitate the efficient working of the Local Strategic Partnership.

Alternative option(s) considered and rejected

None.

1.     Recommendation approved.

2.     Recommendation approved.

3.     Recommendation approved.

The Executive Member for Resources, Policy and Performance presented the report which set out the provisional revenue outturn figures for the Council as compared against the budgets and efficiency savings targets it set itself for the financial year 2011/12.

The accounts were provisional at this stage, subject to final checking and scrutiny by the Council’s external auditor.  If there were any significant changes to the outturn as a result of this process a further report would be submitted to Executive Cabinet.

It was clarified that the Council did not have any investments in Santander and so was not affected by the current issues being experienced by that bank. 

Members noted that there remained uncertainty for the Council’s income streams following the implementation of the local Business Rates retention scheme from April 2013 and that it was prudent at this time to maintain balances at a higher level to help mitigate this risk.  There was continuing instability in the banking system and it was prudent for the Council to guard against any potential losses that might occur from it’s investment portfolio.  Whilst the risk was low, there was an expectation that the Council would be able to cover any such losses should they occur.

Decision made

1.     Approval to the slippage requests to finance expenditure on specific items or projects in 2012/13.

2.     Approval to transfer the sum of £75,000 to create an earmarked reserve to cover the potential liability of charges from the Council’s Collection Fund.

3.     Approval to transfer the remaining year-end balance of £187,000 on the General Fund Revenue Account to General Balances.  This would help to mitigate against future risks to the Council’s income streams following implementation of the Local Business Rates Retention scheme from April 2013.

Reason(s) for decision

To ensure the Council’s budgetary targets were achieved.

Alternative option(s) considered and rejected

None.

1.     Recommendation to Council supported.

2.     Recommendation to Council supported.

3.     Recommendation to Council supported.

The Executive Member for Resources, Policy and Performance presented the report which set out the provisional outturn figures for the 2011/12 Capital Programme, which at this stage were subject to scrutiny by the Council’s external auditor. 

The report also updated the Capital Programmes for financial years 2011/12 to 2013/14 to take account of rephasing of expenditure and other budget changes.  It reported the receipt and use of contributions from developers for the period 2011/12 to 2014/15.

Decision made

1.     To recommend the Council to approve the financing of the 2011/12 Capital Programme as presented in Appendix 1.

2.     To recommend the Council to approve the rephasing of capital budgets between 2011/12 and 2012/13, as presented in column (2) of Appendix 2.

3.     To recommend the Council to approve the other amendments to the Capital Programmes for 2012/13 and 2013/14, as presented in columns (3) and (6) of Appendix 2.

Reason(s) for decision

1.     It was necessary for Council to approve the financing of the 2011/12 Capital Programme, and to approve the rephasing of budgets between financial years.

2.     It was also necessary to update the current 2012/13 Capital Programme to take account of the rephasing of budgets, changes to resources, and proposed use of uncommitted budgets.

3.     Adding a new budget to be financed with developers’ contributions to the 2013/14 Capital Programme helps People and Places directorate to plan the implementation of projects and confirms the balance of contributions that was not committed.

Alternative option(s) considered and rejected

None. 

To receive and consider the report of the Director of People and Places (enclosed). 

1.     Recommendation approved.

2.     Recommendation approved.

3.     Recommendation approved.

The Executive Member for Places presented a report which sought approval for the introduction of three new Control Orders relating to the control of dogs in public places.  Three further letters had been received since the publication of the agenda which had broadly supported the proposals. 

Members discussed the level of the fine and noted that enforcement would be undertaken by Neighbourhood Officers, PCSO’s and Park Rangers.  For the initial three months that the Orders came into force there would be a light touch approach with high profile patrols in areas where the Orders had effect, advising dog walkers of the impact of the new Orders.  Following this it was intended to use a high profile media campaign to advise dog owners of the effect of the Orders and that enforcement by way of fixed penalty notice would take place.

It was clarified that enforcement could be carried out on private land with the consent of the land owner. 

Decision made

1.     The results of the consultation and statutory notification period in relation to the introduction of the Control Orders be noted.

2.     Approval to the making of:

·      The Dogs on Leads (Chorley Council) Order 2012

·      The Dogs on Leads By Direction (Chorley Council) Order 2012

·      The Dogs Exclusion (Chorley Council) Order 2012

·      The Orders to come into effect on 23 July 2012 subject to the statutory notification and publication period.

3.     Approval to the Fixed Penalty Notice charge to be set at the statutory default level of £75 with no early payment reduction, in line with the penalty charges applied to dog fouling offences.

Reason(s) for decision

To update existing dog control provisions and introduce new provisions for the control of dogs.

Alternative option(s) considered and rejected

Retain existing dog control bye laws which were introduced over 30 years ago. 

To receive and consider the report of the Director of People and Places (enclosed). 

1.     Recommendation approved. 

2.     Recommendation approved. 

The Executive Member for Places presented a report which sought adoption of the powers available under the Animal Welfare Act 2006 to authorise appropriately trained and competent officers as ‘inspectors’ under the Act.

Historically whilst lower tier local authorities have had powers to deal with stray dogs and informally provide support to other agencies in cases of welfare, the role of enforcement has been with upper tier authorities, departments within DEFRA and the RSPCA.  The legislation made provision for district councils to appoint inspectors who could act in cases of animal maltreatment.

Decision made

1.  Approval for the adoption of the authorisation powers and inspector appointment powers within the Animal Welfare Act 2006.

2.  Approval to grant delegated powers to the Director of People and Places to make the appointment of inspectors under the Act.

Reason(s) for decision

To enable a comprehensive animal welfare enforcement service to be provided by the Council and enable appropriately authorised officers to act as inspectors for the purposes of carrying out enforcement work under the terms of the Animal Welfare Act 2006.

Alternative option(s) considered and rejected

None.

To receive and consider the report of the Director of Partnerships, Planning and Policy (enclosed).  

1.     The report be noted.

2.     Recommendation to Council supported.

The Executive Member for LDF and Planning presented the report outlining the revisions to the Preliminary Draft Community Infrastructure Levy Charging Schedules.  These would be presented to Council on 17 July for approval and then taken forward to the Draft Charging Schedules stage for further consultation.

Members discussed the lower charge to for residential development in inner Preston and the higher charge to larger convenience stores.  The charges were subject to review and were in line with the charges proposed by neighbouring local authorities. 

Decision made

1.  The report be noted.

2.  The areas of revision to the Charging Schedules be taken to the Council to be approved for the next stage of consultation and then submitted for examination.

All residential development £65 sq.m with the exception of:

• Sites in inner Preston - £35 per sq.m

• Apartments - £10 per sq.m

Convenience Retail

• Stores less than 280 sq.m – £40 per sq.m

• Stores 280 sq.m and above- £160 per sq.m

Reason(s) for decision

To support the revised Charging Schedules to allow a further period of consultation to take place and then for the schedules proceed onto the examination stage prior to adoption.

Alternative option(s) considered and rejected

None.

To receive and consider the report of the Director of Partnerships, Planning and Policy (enclosed). 

Recommendation approved. 

The Executive Member for Homes and Business presented the report which enclosed the draft Tenancy Strategy for approval.  Consultation would then begin on the document with Registered Providers and other partners.

The issue of Affordable Rent tenure and flexible/fixed term tenancies was discussed and it was noted that the Strategy was a set of principles that the Council expected its partners to follow. 

Decision made

Approval of the draft strategy, therefore allowing consultation to begin on the document with Registered Providers and other partners.

Reason(s) for decision

It was important that the strategy went to consultation and was adopted in a timely manner to allow it to have influence on the Registered Providers tenancy policies at the earliest opportunity.

Alternative option(s) considered and rejected

The Localism Act 2011 required Chorley Council to publish a Tenancy Strategy so no other options were considered.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

Recommendation approved. 

RESOLVED – To exclude the press and public for the following item of business on the ground that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

To receive and consider the report of the Director of Partnerships, Planning and Policy (enclosed). 

1.     Recommendation approved.

2.     Recommendation approved.

3.     Recommendation approved.

4.     Recommendation approved.

5.     Recommendation approved.

The Executive Member for Homes and Business presented the report which set out the results of a review of the DFG Policy. 

The Private Sector Housing Assistance policy had been reviewed and approved by Executive Cabinet on 23February 2012.  The section of the policy which related to DFGs had not been included in the revised policy as further work was needed with regard to consulting with Registered Providers of Social Housing (RPs) and developing the principles of an agreement to allow RPs access to the DFG budget. 

In February Executive Cabinet approved the start of negotiations with RPs to develop an agreement whereby the Council and RPs share the cost of major adaptations on a 50/50 basis.  The report detailed progress in relation to negotiations with RPs, as well as providing options with regard to the funding required to deal with the resulting additional demands on the DFG budget.

Decision made

1.     Approval of the revised policy.

2.     Approval of the principles of the local agreement to be entered into with the Registered Providers.

3.     Delegated authority be granted to the Executive Member for Homes and Business to finalise the local agreement.

4.     Approval for the method for dealing with the backlog of ‘critical/substantial’ needs major adaptations accumulated by one Registered Provider.

5.     Approval for the additional budget of £57k required to undertake the additional adaptations which will result from the above.

Reason(s) for decision

To update the policy to reflect changes in government policy and to comply with legislation to allow RPs access to the DFG budget via a cost sharing arrangement which will be embodied in a document known as a ‘local agreement’.

Alternative option(s) considered and rejected

These were set out in paragraph 5 of the report.