Agenda and minutes

Decision: That the minutes of the last Council meeting held on 21 November 2017 be approved as a correct record for signature by the Mayor.

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

Councillors Graham Dunn and Roy Lees both declared a personal interest in Item 15: Chorley Community Housing (CCH) update, as they both represent the Council as members of the Adactus Board. 

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 1 and 3 of Part 1 of Schedule 12A to the Local Government Act.

By Virtue of Paragraph 1: Information relating to any individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Condition:

Information is not exempt if it is required to be registered under-

The Companies Act 1985

The Friendly Societies Act 1974

The Friendly Societies Act 1992

The Industrial and Provident Societies Acts 1965 to 1978

The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)

The Charities Act 1993

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Deputy Leader seconded the DECISION that the press and public be excluded for the following items of business due to the disclosure of exempt information under Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act.

To consider a report of the Director (Business, Development and Growth).

Councillor Alistair Bradley, Executive Leader, presented the confidential report of the Director (Business, Development and Growth).  A redacted version of the report is presented at item 11 for members of the public to view and to enable the decision to be taken in public.  

Members noted that Appendices A and D are confidential and the nature of the information which cannot be discussed in public session.  Members raised no issues on the confidential information.    

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Executive Member for Resources, seconded the DECISION:  To take the decision at item 11 Market Walk update in public session. 

To consider the report of the Chief Executive. 

Councillor Bradley, Executive Leader, presented the confidential report of the Chief Executive which updated members on a proposed merger. 

Members expressed their concerns and considered options that can be taken. 

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Deputy Leader seconded the DECISION that a proposal be brought to a future meeting. 

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Deputy Leader seconded the DECISION that the press and public be readmitted to the meeting.

To consider a report of the Director (Business, Development and Growth).

Please note Appendix A and D are confidential and will be considered in private session. 

Councillor Alistair Bradley, Executive Leader, presented the report of the Director (Business, Development and Growth).  The report updates members on the current status of the project, together with an overview of the main options available to the Council going forward.  It also outlines associated parking, public realm and enablement projects which are linked to the delivery of the options.

In proposing the report Councillor Bradley explained that the concerns of businesses have been taken into account and action has been taken relating to the provision of car parking spaces.  There has been a great deal of feedback on the proposals, both positive and negative, which has informed the proposals. 

Three options are set out within the report;

Option 1 Continue with extension at earliest opportunity in its existing design,

Option 2 Commission a partial redesign of the layout, based on the building footprint from the original design to increase flexibility in lettings and then continue to build at the earliest opportunity,

Option 3 Stop and reinstate the Flat Iron Car Park to a high quality permanent finish.

Discussions are ongoing with the cinema and the architects who are already signed up, and Marks and Spencer food have reopened discussions for a unit within the development, although on a slightly smaller footprint.  At this point it is not possible to guarantee their occupancy or a date by which they will sign. 

It is important for the Town Centre that the development takes place, and delivers what residents want, including the cinema, leisure and retail units.  This is supported by the Town Centre master plan. 

Currently, there is enough interest to generate a profit of £70k per annum, however, if the units are all full £350k will be generated for the council.   The current design is flexible enough to deliver what is needed and if the council wait for guarantees the project may well not go ahead.

Councillor Peter Wilson, Executive Member (Resources), noted that the council has to stop, or move forward.  The council have liaised with town centre traders and are committed to ensuring that the markets remain vibrant. 

Councillor Alan Cullen's expressed concerns at the proposals, the high risk nature of the project, the impact of the internet on shopping habits  and that further consideration is needed to retain the unique qualities of the town.  

Councillor Bradley noted that Chorley Council, and not a private developer, will gain the benefit of the profit from the extension, as had been planned in previous years.  The council has three future income streams; council tax, business rates and rents. 

Members considered the need to invest in the core of the town centre, the need to provide adequate car parking as the extension will be built on the Flat Iron car park, and the risks associated with the extension. 

Councillor Chris France noted that the financial projections are based on assumptions, although these assumptions are based on evidence.  The need to provide a town centre that young people wish to visit and spend  ...  view the full minutes text for item 17.C.480

All Councillors expressed their condolences to the Rt Hon Sir Lindsay Hoyle MP and Miriam Lewis on the sad loss of their daughter, Natalie Lewis-Hoyle. 

Members of the public who have requested the opportunity to ask question(s) on any item(s) on the agenda will have three minutes to put their question(s) to the relevant Councillor. Members of the public will be allowed to ask one short supplementary question.

There were no public questions for consideration.

To consider a general report of the meetings of Executive Cabinet held on 5 October, 16 November and 14 December.

Councillor Alistair Bradley, Executive Leader presented a general report of the Executive Cabinet meetings held on 5 October, 16 November and 14 December.

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Executive Member for Resources, seconded the DECISION – that the report be noted.

To consider a report of the Director (Policy and Governance) agreed by Executive Cabinet on 16 November and requiring Council approval. 

Councillor Peter Wilson, Executive Member (Resources) presented the report of the Chief Finance Officer which set out the provisional revenue and capital outturn figures for the Council as compared against the budgets and efficiency savings targets set for the financial year 2017/18.

Councillor Alan Cullens requested the figures for the park and ride service by journey and Councillor Wilson undertook to provide this following the meeting. 

Councillor Peter Wilson, Executive Member for Resources proposed, Councillor Alistair Bradley, Executive Leader seconded the DECISION – to

1.    Note the full year forecast position for the 2017/18 revenue budget and capital investment programme.

2.    Note the forecast position on the Council's reserves.

3.    Grant approval for the use of £25,000 from in-year revenue underspends to enable the Council to meet the requirements of the General Data Protection Regulation.

4.    Grant approval for the use of £50,000 from in-year revenue underspends to enable the Council to fund the Local Government Boundary Commission for England’s electoral review of Chorley Council

5.    Grant approval for the use of £50,000 from in-year revenue underspends to fund the revenue implications of the Council’s Worksmart project.

6.    Grant approval for the use of £120,000 from in-year revenue underspends to allow the Council the flexibility to continue funding local bus services in 2017/18.

7.    Grant approval for the use of £30,000 from in-year revenue underspends to fund the revenue implications of recent planning appeals.

8.    Grant approval for the use of £60,000 from in-year revenue underspends to create a project director post with sole responsibility to deliver the Market Walk extension, Primrose Gardens and the Digital Health Park.

9.    Note the capital programme to be delivered in 2017/18 to 2019/20.

To consider the general report of the Overview and Scrutiny Committee held on 12 October, the Special Overview and Scrutiny Committee considering the Council's Waste Contract on 24 October and 30 November, the Overview and Scrutiny Performance Panel held on 21 September and 30 November and task group update.

Councillor John Walker, Chair of the Overview and Scrutiny Committee presented a general report of the of the Overview and Scrutiny Committee held on 12 October, the Special Overview and Scrutiny Committee considering the Council's Waste Contract on 24 October and 30 November, the Overview and Scrutiny Performance Panel held on 21 September and 30 November and task group update.

Councillor John Walker, Chair of the Overview and Scrutiny Committee proposed, Councillor Roy Lees, Vice Chair, seconded the DECISION – that the report be noted.

To consider the general report of the Governance Committee held on 20 September 2017. 

Councillor Paul Leadbetter, Chair of the Governance Committee presented a general report on the work of the Committee meeting on 20 September 2017.

Councillor Paul Leadbetter, Chair of the Governance Committee proposed, Councillor Anthony Gee, Vice Chair, seconded the DECISION – that the report be noted.

To appoint one substitute Member per group for the Appointments Panel. 

Agreement was sought to a number of changes in committee and outside body appointments.

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Deputy Leader, seconded the DECISION - that the following appointment be approved:

·         Councillor Alistair Morwood and Councillor Debra Platt as substitutes for the Appointments Panel.

To consider a report of the Director (Policy and Governance).

Councillor Peter Wilson, Executive Member (Resources) presented the report of the Director (Policy and Governance) which provided an update on the electoral review of Chorley Council and the formulation of an Electoral Review of Chorley Council Committee to oversee the review process and implementation of the recommendations.

Councillor Peter Wilson, Executive Member for Resources proposed, Councillor Alistair Bradley, Executive Leader seconded the DECISION – to

1.    Note the arrangements and timetable for the Electoral Review.

2.    Appoint to the Electoral Review of Chorley Council Committee

Councillors Alistair Bradley, Peter Wilson, Jane Fitzsimons and Danny Gee, John Walker, Paul Leadbetter, Debra Platt and Mark Jarnell.  Substitutes: Paul Walmsley, Adrian Lowe, Martin Boardman and John Dalton.

3.      Approve the attached draft terms of reference.

There were no questions for consideration under Procedure Rule 8.

There were no motions for consideration under Procedure Rule 10.

Councillor Alan Cullens queried what action Chorley Council are taking to protect the public health of residents and the workers as a result of gas emissions from Clayton Hall landfill site.

Councillor Adrian Lowe, Executive Member (Customer, Advice and Streetscene Services), advised that Chorley Council are doing everything possible to protect residents.  The smell has been affecting the Whittle-le-Woods, Clayton-le-Woods and Buckshaw Village areas.

The site has an environmental permit issued by the Environment Agency and it is for them to enforce the conditions of the permit they have issued.  The Environment Agency is inspecting the site on a regular basis and independent air quality monitoring is underway.  Lancashire County Council are the enforcement authority with regards to planning enforcement.

The council have had a meeting with public health colleagues and Lancashire County Council and the council have been proactive in communicating with residents, although the council are excluded from taking enforcement action.

A meeting will be held shortly, with interested parties, to provide a further update. 

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Deputy Leader seconded the DECISION that the press and public be excluded for the remaining items of business due to the disclosure of exempt information under Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act.

Officers other than the Chief Executive and Democratic and Member Services Team Leader left the meeting. 

To consider the attached report and recommendations of the Shared Services Joint Committee meeting on 11 January. 

Councillor Alistair Bradley, Executive Leader, presented the confidential report of the Chief Executive.  The report set out proposals for changes to the Councils management structure as a result of further work done with South Ribble Council to develop the operational models, as required by the Council and reported back to Council the recommendations from the Shared Services Joint Committee.

Members discussed the proposals and noted that the decision at South Ribble Borough Council had been deferred.  All parties supported the proposals. 

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Executive Member for Resources, seconded the DECISION: 

1.    To note the operating model outlined in the report.

2.    Approval granted for the respective sovereign Councils to implement the alternative shared senior management restructure as detailed within the report and shared at Appendix A.

3.    Approval to the convening of an urgent meeting of the new Shared Services Appointments Panel to agree the process and timescales for the two Statutory Officer and respective deputy posts.

4.    Approval of two reserve Members for each sovereign Council to be appointed to the new Shared Appointments Panel.

5.    That subject to the appointment process, approval that detailed business plans for each of the services identified in section 5 be developed and brought forward to the Shared Services Joint Committee by early summer 2018.

6.    Approval to expand the scope of shared services as detailed in Appendix A of the report.

7.    Approval that both Councils develop a joint programme of sharing opportunities to discuss at a future meeting of the Shared Services Joint Committee in line with the previous aim for the two Councils to agree a joint aim to develop the full shared service agenda.