Agenda and minutes

Council - Tuesday, 7th April 2009 6.30 pm

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Venue: Council Chamber, Town Hall, Chorley

Contact: Carol Russell 

Items
No. Item

229.

Apologies for absence

Minutes:

Apologies for absence were submitted on behalf of Councillors Magda Cullens, Mike Devaney and Adrian Lowe.

230.

Minutes pdf icon PDF 66 KB

To confirm the minutes of the last Council meeting held on Thursday, 26th February 2009 (enclosed).

Minutes:

RESOLVED – That the minutes of the last Council meeting held on 26 February 2009 be confirmed as a correct record and signed by the Mayor.

231.

Declarations of Any Interests

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

 

If the personal interest is a prejudicial 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.

Minutes:

Councillors Alan Cain, Laura Lennox, Mark Perks and Debra Platt declared personal and prejudicial interests in agenda item 6, planning application 09/00024/FUL (minute no. 09.C.234) for the erection of a multi use games area at land east of Buckshaw Primary School, Chancery Road, Astley Village, and left the meeting for consideration of that item.

 

Councillor Debra Platt declared a personal interest in agenda item 11 (minute no. 09.C.239), the appointment of Parish Councillor representatives to the Council’s Standards Committee.

232.

Mayoral Announcements

Minutes:

The Mayor referred to the following forthcoming events:

 

?       On Sunday, 19 April 2009, the Royal British Legion would be holding their annual service of remembrance to honour those who gave their lives in the Falklands Campaign.  All Councillors were invited to take part in both the parade from the Town Hall and the service which would take place at the Falklands Memorial Stone in Astley Park.

 

?       The last Mayoral Charity event was a Soul and Motown Night in the Lancastrian Suite at the Town Hall on Friday, 8 May.  Tickets were available from the Mayor’s Secretary and proceeds would be donated to the Mayor’s Charity appeal.

233.

Public Questions

Members of the public who have requested the opportunity to ask question(s) on any item(s) on the agenda will be asked to put their question(s) to the Council. Members of the public will be allowed to ask one supplementary question within their allocated 3 minutes.

Minutes:

Questions were received from six members of the public regarding the agenda item on the planning application for the multi use games area at Astley Village.  All six members of the public attended the meeting, put their questions, including supplementary questions. The questions related to:

  • The proximity of the proposed development to elderly people living nearby and the lack of a site visit;
  • The availability of alternative sites for the development;
  • A request that the matter be referred back so that the Parish Council can consult residents on alternatives sites;
  • A request that the application be refused as it does not reflect the wishes of local residents;
  • Concerns about the visual impact of the development; and
  • Concerns about the loss of open space within the village and the strength of local opposition to the development.

 

The Chair of the Development Committee Councillor Greg Morgan responded to all six questions setting out the Council’s position; the fact that the Council can only consider the application put forward; any requests for development on alternative sites needed to be the subject of another application; the response to consultation received from both objectors and supporters; the consultation carried out by the Parish Council; the fact that all members had now been given two opportunities to visit the site.

 

(Councillors Alan Cain, Laura Lennox, Mark Perks and Debra Platt declared personal and prejudicial interests in the following agenda item (Minute 09.C.234) and left the meeting room during the discussion and voting on the item.)

234.

Development Control Committee : Planning Application 09/00024/FUL for a Multi Use Games Area, Astley Village pdf icon PDF 25 KB

(Application for planning permission for the erection of a multi use games area on land east of Buckshaw Primary School, Astley Village)

 

A more detailed plan is attached.

 

Members are informed that a Planning Officer and the Council’s Parks and Open Spaces Officer will be on the site for this proposed development on Monday, 6 April from 4.00pm to 6.00pm should any Councillors wish to visit the site prior to the Council meeting.

Additional documents:

Minutes:

RESOLVED – That the Council’s Procedure Rules be waived to allow the Corporate Director (Business) to give a presentation on this item and to answer any technical questions.

 

The Corporate Director (Business) gave an outline of the application including the location and a description of the proposal, a summary of the objections and supporting comments received, and the impact on the existing space.  The recommendation from the Development Control Committee was to approve the application. The application required full Council approval as the land was in Council ownership.

 

During the debate some Members expressed disappointment that in view of the controversial nature of the application, the Development Control Committee had not agreed to undertake a site visit prior to making any recommendation on the application.  An offer of an opportunity to visit the site on 6 April prior to the Council meeting had been made to all Councillors.

 

It was moved by the Chair of the Development Control Committee (Councillor Greg Morgan) and seconded by the Vice-Chair (Councillor Geoffrey Russell)  that the application be approved.

 

Councillor Ralph Snape moved and Councillor Dennis Edgerley seconded an amendment that the application be referred back to the Development Control Committee for consideration, with a recommendation that the Committee undertakes a site visit to which all other Members of the Council are invited.

 

Councillor J Berry requested a recorded vote:

 

FOR THE AMENDMENT: Councillors K Ball, N Ball, E Bell, J Berry, J Boothman, A Bradley, P Case, H Caunce, A Cullens, Doreen Dickinson, D Edgerley, A Gee, P Goldsworthy, P Haughton, C Hoyle, K Iddon, K Joyce, H Khan, R Lees, M Lowe, P Malpas, T McGowan, J Molyneaux, G Morgan, S Moulton, M Muncaster, R Russell, E Smith, I Smith, S Smith, J Snape, R Snape, J Walker, S Walsh, P Wilson, T Brown.

 

AGAINST THE AMENDMENT:  Councillor David Dickinson, M Gray, H Heaton, G Russell.

 

RESOLVED – That the planning application (09/00024/FUL) be referred back to Development Control Committee for consideration, with a recommendation that the Committee undertakes a site visit to which all other members of the Council are invited.

235.

Executive Cabinet pdf icon PDF 34 KB

To consider the attached supplementary general report of the Executive Cabinet meeting held on 26 March 2009.

Additional documents:

Minutes:

The Executive Leader presented two reports summarising key items of business considered at meetings of the Executive Cabinet on 12 February and 26 March 2009.

 

It was moved by the Executive Leader, Councillor Peter Goldsworthy, seconded by the Deputy Leader, Councillor Pat Case and RESOLVED that the report be noted.

236.

Overview and Scrutiny Committee and Task and Finish Groups pdf icon PDF 24 KB

To consider a general report of the meetings held on 10 February 2009 and 23 March 2009 (enclosed).

Minutes:

The Chair of the Overview and Scrutiny Committee, Councillor Dennis Edgerley presented a report summarising the work of the Committee at meetings held on 10 February and 23 March.  This included an Annual Review of the work of overview and scrutiny in 2008/09 and an update on the work of the Scrutiny Task Groups.

 

It was moved by the Chair of the Overview and Scrutiny Committee, Councillor Dennis Edgerley, seconded by the Vice-Chair, Councillor Alan Cain and RESOLVED that the report be noted.

237.

General Purposes Committee pdf icon PDF 15 KB

To consider a general report of the meeting held on 17 March 2009 (enclosed).

Minutes:

The Executive Leader, Councillor Peter Goldsworthy presented a short summary of the decision taken by General Purposes Committee on 17 March 2009.

 

It was moved by the Chair of the General Purposes Committee, Councillor Peter Goldsworthy, seconded by the Vice-Chair, Councillor Pat Case and RESOLVED that the report be noted.

238.

Audit Committee pdf icon PDF 26 KB

To consider a general report of the meeting held on 19 March 2009 (enclosed).

Minutes:

The Chair of the Audit Committee, Councillor Anthony Gee presented a report on the work of the Committee at its meeting on 19 March 2009.

 

It was moved by the Chair of the Audit Committee, Councillor Anthony Gee, seconded by the Vice-Chair, Councillor Laura Lennox and RESOLVED that the report be noted.

 

(Councillor Debra Platt declared a personal interest in the following agenda item (Minute 09.C.239) and took no part in the discussion or voting on the item.)

239.

Standards Committee : Appointment of Parish Council Representatives pdf icon PDF 427 KB

To consider a report of the Monitoring Officer on the appointment of two Parish representatives to the Standards Committee (enclosed).

Minutes:

The Monitoring Officer submitted a report recommending the appointment of parish representatives William Mason and Alan Platt to the Council’s Standards Committee.  This would increase the number of Parish representatives from two to three, to help meet the requirements of the new standards processes in determining cases locally.

 

The appointments had been made by a panel formed from members of the Standards Committee but required the approval of full Council.

 

It was moved by the Vice-Chair of the Standards Committee, Councillor Keith Iddon, seconded by Councillor Tom McGowan and RESOLVED that the appointment of parish representatives William Mason and Alan Platt be approved.

240.

New Constitution for the Lancashire Local Chorley pdf icon PDF 29 KB

To consider a report of the Lancashire County Council's Acting District Partnership Officer (enclosed).

Additional documents:

Minutes:

A report of Lancashire County Council proposing a new constitution for Lancashire Local Chorley was submitted for endorsement and adoption by this Council.

 

The Constitution of Lancashire Local Committees had been revised and as it was a Joint Committee, this also required Chorley Council agreement.

 

It was moved by the Executive Leader, Councillor Peter Goldsworthy and seconded by the Deputy Leader, Councillor Pat Case and RESOLVED that the revised Lancashire Local Constitution be endorsed for consideration and adoption by Lancashire County Council and Chorley Council.

241.

Questions Asked under Council Procedure Rule 8

The following questions addressed to Councillor Peter Malpas (Executive Member for Business) have been submitted by Councillor Laura Lennox:

 

“The audit letter stated that, while progress has been made in 2008/09 to exceed the LAA target for the provision of affordable housing, the number of units provided in 2006/07 and 2007/08 was substantially below the target of 125. The letter went on to say that progress has been made towards 61 units in 2008/09, above the LAA target of 50 units, with projects in place for more units in subsequent years.

Would the Executive Member please provide some details to substantiate this figure of 61 units. Where are these units? How many are now occupied? Will the target of 61 be met?

Additionally how many empty properties have been brought back into use in the last 12 months?”

Minutes:

The following question was submitted by Councillor Laura Lennox under Council Procedure Rule 8.

 

“The audit letter stated that, while progress has been made in 2008/09 to exceed the LAA target for the provision of affordable housing, the number of units provided in 2006/07 and 2007/08 was substantially below the target of 125.  The letter went on to say that progress has been made towards 61 units in 2008/09, above the LAA target of 50 units, with projects in place for more units in subsequent years.

 

Would the Executive Member please provide some details to substantiate this figure of 61 units.  Where are these units?  How many are now occupied?  Will the target of 61 be met?

Additionally how many empty properties have been brought back into use in the last 12 months?”

 

The Executive Member (Business), Councillor Peter Malpas responded that the data was currently being analysed and the information would then be issued as a report to all Members of the Council.

242.

Notices of Motion given in accordance with Council Procedure Rule 10

To consider the following two Notices of Motion submitted by Councillor Dennis Edgerley:

 

(1)        Given the recent criticism, by the Audit Commission, of Councils that invested in Icelandic Banks, the Council calls on the Executive Member for Resources to arrange for members to be provided with copies of Sector’s Morning Bulletins and Friday Morning Grids dealing with Icelandic Banks for the period 1 March 2008 until 10 September 2008. In the event of these no longer being available in the Council, he is called on to ask Sector to reissue the relevant bulletins.

 

D. Edgerley

 

(2)        The Council calls on the executive member for resources to explain why a total of £450,000 in government grant available for 2009/10 was shown in the administration’s budget as being available in 2010/11 and 2011/12. Given that the grant would have removed the need for a Council Tax rise and maintained the Council’s level of balances he is called upon to apologise to the Council and the people of Chorley for misleading them.

 

D. Edgerley

 

 

  

 

 

 

 

 

Minutes:

The following motion was submitted by Councillor Dennis Edgerley under Procedure Rule 10 and seconded by Councillor Alistair Bradley.

 

“Given the recent criticism, by the Audit Commission, of Councils that invested in Icelandic Banks, the Council calls on the Executive Member for Resources to arrange for members to be provided with copies of Sector’s Morning Bulletins and Friday Morning Grids dealing with Icelandic Banks for the period 1 March 2008 until 10 September 2008.  In the event of these no longer being available in the Council, he is called on to ask Sector to reissue the relevant bulletins.”

 

The Executive Member (Resources) confirmed that this information had been previously requested and made available. The Local Government Association was working with those Councils affected to help them recover their investment. The Audit Commission had criticised seven councils for their investment action, but Chorley was not included in those seven and the Council was now focusing attention on recovering the money.

 

The motion was put to the vote and it was RESOLVED – that the motion be lost.

 

The following motion was submitted by Councillor Dennis Edgerley under Procedure Rule 10 and seconded by Councillor Peter Wilson.

 

“The Council calls on the Executive Member for Resources to explain why a total of £450,000 in government grant available for 2009/10 was shown in the administration’s budget as being available in 2010/11 and 2011/12.  Given that the grant would have removed the need for a Council Tax rise and maintained the Council’s level of balances he is called upon to apologise to the Council and the people of Chorley for misleading them.”

 

The Executive Member (Resources) reported that the LABGI grant rules allowed for the grant of £450,000 to be used over a period of time, if the Council thought it appropriate.

 

The motion was put to the vote and it was RESOLVED – that the motion be lost.