Agenda and minutes

RESOLVED – That the minutes of the last meeting of the Council held on 21 July 2015 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.

There were no declarations of interest received.

Councillor David Dickinson has indicated with regret that he intends to stand down as Deputy Mayor due to his ongoing ill health.

The Council will be asked to reappoint to the position of Deputy Mayor for 2015/16.

The Mayor reported that Councillor David Dickinson was stepping down from the role of Deputy Mayor due to his ongoing ill health and therefore Members were being asked to nominate another Councillor to take on the role. Political group leaders expressed their disappointment that David Dickinson felt unable to continue as Deputy Mayor.

Councillor Paul Leadbetter nominated Councillor Doreen Dickinson as Deputy Mayor for the remainder of 2015/15 and this was seconded by Councillor John Dalton. Councillors Alistair Bradley and Ralph Snape also gave their support to the nomination.

RESOLVED – that Councillor Doreen Dickinson be elected to the role of Deputy Mayor for the remainder of the 2015/16 Council year.

Councillor Doreen Dickinson, Deputy Mayor, received her badge of office and signed the declaration of acceptance of office. She thanked all present for her election to the role and introduced her son, Peter Vickers, as her Deputy Consort.

The Mayor thanked those who had attended the Macmillan Coffee Morning earlier in the day and also those who had supported her recent Charity Golf Day and Charity Lunch at Camerons.

Forthcoming charity events included Soul Nights in the Lancastrian in October and December plus a Black and White themed Charity Ball in February at Shaw Hill Golf and Hotel Spa.

The Mayor also reported that this was the last Council meeting before Remembrance Sunday on 8 November and she invited Members to join the parade from the Town Hall which would be followed by a Church service at St Laurence’s and a service at the Cenotaph in Astley Park.

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 report of the Chief Executive, this item was deferred from the last Council Meeting in July.

Councillor Alistair Bradley, Leader of the Council presented a report on Planning Policy for Traveller Sites. This item had been deferred at the last meeting of the Council in July, pending the receipt of further guidance from Central Government and the impact this could have on the Council’s position.

Since then, revised guidance had been issued by the Government and the report set out its main changes; the potential implications for the GTAA; and the further progression of the Central Lancashire Gypsy, Traveller and Travelling Showpeople Local Plan.

The Leader reported that the Council needed time to study the guidance in detail and ascertain the direct implications for Chorley and the GTAA. A new definition of gypsy and traveller gave a degree of uncertainty to the current GTAA and an issues and options paper was being drafted. In response to a question from Councillor Paul Leadbetter, the Leader indicated that there was now no immediate pressure on timescale following the issue of the new national guidance. The Council did need to have a plan but the timescale was likely to be extended for another two years.

Councillor Alistair Bradley, Leader of the Council proposed, Councillor Paul Walmsley, Executive Member for Public Protection seconded and it was:

RESOLVED – that Members endorse officer advice to seek further expert and legal advice on the implications of the new guidance on the assessment of the Gypsy, Traveller and Travelling Showpeople’s housing needs in the Central Lancashire area and the progression of the Traveller Local Plan.

To consider the attached general report of the meeting held on 27 August 2015.

Members considered a general report of a meeting of the Executive Cabinet held on 27 August 2015.

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

To consider the attached report of the Chief Executive, agreed at Executive Cabinet on 27 August 2015.

Members considered a report of the Chief Executive on the provisional revenue and capital outturn figures for the Council as compared against the budgets and efficiency savings targets set for the financial year 2015/16. The report had been agreed at Executive Cabinet in August but a number of the recommendations required Council approval.

The projected revenue outturn currently showed a forecast underspend of £444,000 against the budget, including savings made in Market Walk financing costs. The report sought approval to the use of the forecasted underspend for service improvements and also a contribution to general balances.

In response to a question from Councillor Paul Leadbetter, on the use of underspend on the NEETs programme, being utilised in the youth sector, Councillor Wilson said it was a question of re-profiling spending to meet current needs.

Councillor Peter Wilson, Executive Member for Resources proposed, Councillor Alistair Bradley, Executive Leader seconded and it was

RESOLVED – that 

1.    Approval be given to £100,000 from in-year revenue underspends being set aside to fund one-off capital payments to secure recurrent revenue savings on ICT contracts.

2.    Approval be given to the use of £39,000 held in reserves for the former NEETs programme to invest in the Town Centre Grants Programme and a further sum of £61,000 be funded from in-year savings.

3.    Approval be given to the use of £36,000 from in-year revenue underspends for capital investment in Christmas lighting for the town centre and Market Walk.

4.    Approval be given to the Single Front Office Apprenticeships scheme at an estimated cost of £56,000 for two years, and that the unspent budget at 2015/16 year-end be carried forward in an earmarked reserve; and

5.    Approval be given to the proposed additions and re-profiling of the Capital Programme to better reflect delivery in 2015/16. This requires £166,000 revenue financing of the CCTV Programme to be brought forward from 2016/17 and 2017/18, to be financed from a reserve earmarked for capital financing. In addition the budget for revenue financing of CCTV should be increased by £85,000, to be met from the forecast underspend.

To consider the attached general report of the meeting held on 16 July 2015.

Members considered a general report of a meeting of the Overview and Scrutiny Committee held on 16 July including an update on the Scrutiny Task Group reviewing the Single Front Office project.

Councillor John Walker, Chair of the Committee proposed, Councillor Hasina Khan, Vice Chair seconded and it was RESOLVED – that the report be noted. 

To consider the attached report of the Director of Public Protection, Streetscene and Community.

The Director of Public Protection, Streetscene and Community submitted a report seeking Council approval to a decision of the Licensing and Public Safety Committee to revise the scheme of delegation within the Council’s Constitution to allow officer authority to refuse both hackney carriage and private hire vehicle renewals and also to refuse new applications for vehicle licences where appropriate standards have not been met. This would be undertaken in consultation with the Chair or Vice Chair of the Committee.

The cut off point for the receipt of applications to renew vehicle licences was also proposed and further delegation relating to the revocation of gaming premises and gaming machine permits.

Councillor Roy Lees, Chair of the Licensing and Public Safety Committee proposed and Councillor Anthony Gee, Vice Chair seconded it and it was RESOLVED –

There were no questions received under Procedure Rule 8.

There were no notices of motion received under Procedure Rule 10.

To consider a report of the Chief Executive.

The Mayor announced that the item on the Market Walk Extension would be discussed initially in the public part of the meeting, including an opportunity for any members of the public to ask questions. The press and public would then be excluded to allow wider discussion by Members, at which point any decisions on this matter would be taken.

Councillor Alistair Bradley presented a proposal drawn up with the Market Walk Steering Group to develop seven new retail and leisure units on the Flat Iron as an extension to Market Walk shopping centre. The proposal was subject to planning approval and would cost an estimated £12.9m.

The report contained the background leading to the current proposal for development and this included:

·         the key objectives of the Council in purchasing Market Walk in 2013;

·         the findings of the town centre masterplan and a number of  consultation exercises  which demonstrated  a high level of support for the proposals with clear demand for a wider range of shops, restaurants and leisure facilities in the town centre;

·         a feasibility study undertaken by Deloitte in 2014 with options for extending Market Walk;

·         changes from the earlier planning application submitted in April 2015  which including new proposals for car parking behind Oak House and adjacent to Gala Bingo; a new Shopmobility base on Fleet St car park; an alternative location for the Flat Iron market; and  the relocation of the PALS memorial being no longer a requirement.

The Council was working with Mason Partners and Lambert Smith to secure lettings for the new units with a proposal that 65% of the development should have pre-let agreements before the work is started.

In terms of the procurement of construction services it was proposed that the Council should use the Property Regeneration Partnership to procure a main contractor for the construction work with proposals included in the report for phasing the work.

The report included detailed proposals for delivering additional car parking in the town centre including any necessary land acquisition. No development work would start on the Flat Iron until additional car parking had been delivered. Councillor Bradley indicated that in undertaking consultation, Booths supermarket had raised objections, particularly around the loss of car parking.

Councillor Ralph Snape expressed his support for the project in principle but wanted to be sure that adequate investigation of the ground conditions had been undertaken in the area covered by the development. Councillor Bradley assured him that site investigation work had been undertaken and that the project would be fully indemnified.

The Mayor indicated that as there were no questions form the public present, then discussion on this item would continue after the exclusion of press and public.

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:

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, Executive Member for Resources seconded and it was RESOLVED – that the press and public be excluded from the meeting for the following item of business on the grounds that it involves the disclosure of exempt information as defined by paragraph 3 of Part 1 of schedule 12A to the Local Government Act.

To consider a report of the Chief Executive.

Councillor Alistair Bradley, Executive Leader introduced a second report on Market Walk which included a detailed analysis of the financial implications of the proposed development both in terms of financing the development costs of the project and the likely revenue from rental income and business rates. Also included was a breakdown of funding for associated public realm works.

The report further contained commercial information on interest from major retailers, restaurant and leisure providers in being part of the new development in Chorley town centre.

Councillor Paul Leadbetter, Leader of the Opposition, accepted that the town centre was thriving and that additional investment was needed but expressed concern about the level of debt the Council would need to support in undertaking the development; also the loss of car parking and the potential impact in car parking revenue; and the impact on existing traders in the town.

Councillor Peter Wilson, Executive Member for Resources stated that detailed risk assessments had been undertaken and the risks would be well managed. The development would only commence once 65% of the units had pre-let contracts in place. As with the purchase of Market Walk, the Council would look at different ways of borrowing and the most preferential interest rates to minimise the impact of the debt.

Councillor Greg Morgan thought that the procurement route being recommended for the construction work would not necessarily be the most competitive.

Councillor Martin Boardman indicated support for the type of development being proposed but raised a number of concerns, namely:

·         that the town centre masterplan did not mention the development of the Flat Iron with large units and questioned the choice of site. In response the Leader said it was about utilising land already in the Council’s ownership.

·         a query about reducing the scale of the development by having just one flagship retailer to bring in others. The Leader said the aim was to bring in retail, restaurant and leisure outlets to complement the existing town centre offer.

·         Concerns that the contemporary design of the new development may not blend in with the existing Market Walk shopping centre. The Leader welcomed views on the design aspects which had been subject to significant change and he welcomed any further comments.

Councillor Eric Bell commented that the Flat Iron market was a true asset for the town and that this proposal had too great an impact on that asset.

Councillor Danny Gee spoke in favour of the development and the Council’s proactive approach to investing in the town centre.

In concluding comments from the opposition, Councillor Paul Leadbetter indicated that there had been good debate and whilst his Group were supportive they were proposing an amendment to the recommendations in the report and this was seconded by Councillor Greg Morgan, as follows:

Amendment

·         Revised 2b) Pre-let contract agreements being signed for 65% or more of the new units including all three of the units 1, 2 and 3, Plus additional points as follows

·         2d) Before work commences, the contract with the  ...  view the full minutes text for item 15.C.280

The Mayor announced that she had agreed to two items of urgent business

1.    Council Appointments

There was a request for a change to a Council appointment which was to add the Executive Member for Public Protection to the membership of the Licensing Liaison Committee, in addition to the Chair and Vice Chair of the Licensing and Public Safety Committee.

Councillor Alistair Bradley, Executive Leader proposed, Councillor Peter Wilson, Executive Member for Resources seconded and it was RESOLVED – that the Executive Member for Public Protection be also appointed to the membership of the Licensing Liaison Committee, in addition to the Chair and Vice Chair of the Licensing and Public Safety Committee.

2.    Councillor Mike Handley – Euxton North Ward

The Mayor announced that Councillor Mike Handley had now been absent from meetings of the Council due to ill health for a period of 6 months. As he had not sought an extension to this period of time from the Council, under Section 85 of the Local Government Act, he was now no longer a serving Elected Member of Chorley Council.

As a result, a by-election would be called in the Euxton North ward of the Borough to fill the vacant Council seat.

The Mayor expressed her best wishes to Mike Handley for his recovery to better health.