Agenda and minutes

Council - Tuesday, 20th September 2016 6.30 pm

modern.gov app available
View upcoming public committee documents on your iPad, Android Device or Blackberry Playbook with the free modern.gov app.

Venue: Council Chamber, Town Hall, Chorley

Contact: Carol Russell  Email: carol.russell@chorley.gov.uk

Items
No. Item

16.C.364

Declarations of Any Interests

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.

Minutes:

There were no declarations of interest received.

16.C.365

Minutes of the Council meeting held on Tuesday, 19 July 2016 pdf icon PDF 428 KB

Minutes:

RESOLVED – That the minutes of the last Council meeting held on 19 July 2016 be approved as a correct record for signature by the Mayor.

16.C.366

Mayoral Announcements

Minutes:

The Mayor updated Members of the Council on her fundraising activities including her Charity Skydive in aid of the Alzheimer’s Society on 26 September 2016.

 

She was also organising a Tea Dance on 18 October in the Lancastrian and provided dates for her Christmas by Candlelight event at Astley Hall and her Charity Ball at Park Hall Hotel in February 2017.

16.C.367

Public Questions

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.

Minutes:

There were no public questions for consideration.

16.C.368

Executive Cabinet pdf icon PDF 198 KB

To consider the attached general report of the Executive Cabinet meeting held on 25 August 2016.

 

Minutes:

Members considered a general report of the meeting of Executive Cabinet held on 25 August 2016.

 

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

16.C.369

Governance Committee pdf icon PDF 201 KB

To consider a general report of the Governance Committee meeting held on 14 September (enclosed).

Minutes:

Members considered a general report of the meeting of Governance Committee held on 14 September 2016.

 

The Chair of Governance Committee, Councillor Paul Leadbetter proposed and the Vice Chair, Councillor Anthony Gee seconded and it was RESOLVED – that the report be noted.

 

 

16.C.370

Efficiency Plan pdf icon PDF 357 KB

To consider the attached report of the Director of Policy and Governance.

Minutes:

Members were advised in a report of the Chief Executive that as part of the December 2015 Spending Review, the Government had offered local authorities a four year funding settlement subject to the publication of an Efficiency Plan by 14 October 2016. This was for the funding period 2016/17 to 2019/20.

 

The report set out the benefits of a four year funding settlement which would create much greater certainty of resources and would allow consistency with the Council’s Medium Term Financial Strategy (MTFS). In presenting the report, Councillor Peter Wilson indicated that whilst he did not agree with the changes and reduction in funding, if the Council did not accept the four year offer it would be exposed to a major risk that levels of funding would reduce. A table setting out Revenue Support and Transitional Grant for the years 2016/17 to 2019/20 was included in the report and showed a steep decline in support from Central Government to be met in part by business rates retention.

 

The proposed Efficiency Plan for the Council was appended to the report and drew together existing corporate plans and strategies including the Transformation and Corporate Strategies; the MTFS; the Chorley Local Plan and the Economic Regeneration Strategy.

 

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

 

1.         That Council approves the Efficiency Plan set out in Appendix 1 of the report.

 

2.         That it be agreed that the Council should submit the Efficiency Plan to satisfy the conditions of acceptance of the four year funding settlement for the period 2016/17 to 2019/20; and

 

3.         It be noted that the budget gap and savings identified in the Efficiency Plan are subject to change and will be updated and refined during the budget setting process.

16.C.371

Draft Householder Design Guidance Supplementary Planning Document pdf icon PDF 176 KB

To consider the attached report of the Chief Executive.

Additional documents:

Minutes:

Members considered a report of the Chief Executive proposing a revised draft Householder Design Guidance Supplementary Planning Document. This was to replace the previous version adopted in 2008 and provided guidance to those wishing to extend or alter their property to achieve high quality extensions which respect their surroundings and protect the amenity of neighbours.

 

The draft document would be subject to a period of consultation and be brought back for Council approval in January 2017.

 

The Executive Member for Public Protection, Councillor Paul Walmsley proposed, Councillor June Molyneaux, Chair of the Development Control Committee seconded and it was RESOLVED – that the draft Householder Design Guidance Supplementary Planning Document be approved for public consultation for a 6 week period from 4 October to 15 November 2016.

16.C.372

Footpath No 1 Croston: Proposed Confirmation of Public Path Extinguishment Order Section 118 Highways Act 1980 pdf icon PDF 191 KB

To consider the attached report of the Director of Policy and Governance.

Additional documents:

Minutes:

The Director of Policy and Governance submitted a report on a longstanding issue regarding the need to legally divert a footpath at Croston. A report had been considered by the Council on 6 November 2012 on this matter but the legal extinguishment of the previous path had not been progressed to completion. This report proposed actions to rectify this and formally divert the footpath which would then allow it to be maintained by Lancashire County Council as the responsible body for footpaths.

 

The Executive Member for Public Protection, Councillor Paul Walmsley proposed, Councillor Chris France, Vice Chair of the Development Control Committee seconded and it was RESOLVED –

 

1.         That it be noted that a public footpath dedication agreement had been completed on 24 May 2016 under Section 25 Highways Act 1980, between the landowners and Lancashire County Council, adjacent to a ditch under the railway line at Croston, as shown between the points A - B on the map attached as Appendix B to the report.

 

2.         That Members approve the certification of the footpath diversion order made by Chorley Council under Section 257 Town and Country Planning Act 1990 in 1996 and confirmed in 2011 in light of the fact that the works requested by Lancashire County Council notified to the landowner have been completed following a satisfactory inspection by officers of the Public Rights of Way Team at Lancashire County Council. The section of footpath between the points A - B - C on the plan in Appendix C to the report shall not be so certified as this section is subject of the extinguishment order.

 

3.         That Members approve the confirmation as an unopposed order of the public path extinguishment order made by Chorley Borough Council under Section 118 Highways Act 1980 on 14 May 2015, in respect of a short length of newly diverted Footpath No.1 Croston, subject of the 1996 Order once the 1996 order has been certified in accordance with paragraph 3 above; and

 

4.         That Members approve the placing of any notices required under legislation to effect the above, including advertisement in the local press.

 

16.C.373

Questions Asked under Council Procedure Rule 8

Minutes:

There were no questions for consideration under Procedure Rule 8.

16.C.374

Notices of Motion given in accordance with Council procedure Rule 10

Minutes:

There were no motions for consideration under Procedure Rule 10.

16.C.375

Member Appointments

Minutes:

A number of changes were proposed to Council appointments.

 

The Executive Leader, Councillor Alistair Bradley proposed and the Deputy Leader, Councillor Peter Wilson seconded and it was RESOLVED – that the following Councillors replace Councillor Mark Jarnell on Committees and other positions:

 

·         Councillor Adrian Lowe on Licensing and Public Services Committee with Councillor Aaron Beaver as a substitute member.

·         Councillor Gordon France on Overview and Scrutiny Committee.

·         Councillor Anthony Gee on General Purposes Committee

·         Councillor June Molyneaux on the Chorley, South Ribble and West Lancs Children’s Partnership Board

·         Councillor Beverley Murray to take on the duties of the Council Champion for Young People until the next Council meeting.

 

 

 

16.C.376

Exclusion of the Public and Press

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).

Minutes:

RESOLVED – that the press and public be excluded for the remaining items of business on the grounds that it involves the disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act.

16.C.377

Fleet Street Extra Care Scheme

To consider the attached report of the Chief Executive.

Minutes:

Councillor Graham Dunn, Executive Member for Customer and Advice Services presented a report with a detailed update on the proposal to develop the Fleet Street Extra Care Scheme, and seeking approval to proceed with the project.

 

Councillor Dunn indicated that demographic forecasts showed a clear need for this type of supported accommodation both now and into the future to avoid over use of residential care. The type of retirement village proposed would provide additional care and support for older people, and was still a fairly new concept, with only a few similar schemes in existence elsewhere.

 

It had taken some time to get the proposals to this point, but funding was now in place with Government support through a Homes and Community Agency grant of almost £3m and support from Lancashire County Council of £1m in return for this Council’s commitment to a Partnership Agreement and  associated grant conditions. LCC would procure the care and support provider for the scheme, linked to their adult social care responsibilities.

 

Previous reports to Council had considered the detail of the proposals including location and consultation; community facilities including dance hall and café; and the public realm proposals including car parking. The report submitted, provided detailed financial implications for the capital scheme and also ongoing revenue financing. There was an element of financial risk linked to both the take up of the accommodation and any changes in welfare reform as well as the need for prudential borrowing if the expected level of S106 funding was delayed. Overall it was felt that there would be significant demand for tenancies and in the long term the scheme would generate income for the Council.

 

Councillor Paul Leadbetter, Leader of the Conservative Group expressed his group’s support for the scheme and queried whether any early stage deficit would be shared with LCC. This was not likely to be the case as the Council’s preference would be for Chorley Borough residents to be offered tenancies.

 

Councillor Graham Dunn, Executive Member for Customer and Advice Services proposed and Councillor Bev Murray, Executive Member for Early Intervention seconded and it was RESOLVED (subject to the removal of reference to the Camelot site in paragraph 68 of the report) –

 

1.         That the Care and Specialised Care Grant be accepted in the sum of £2,868,750 from the HCA and the Council be authorised to enter into a grant agreement with the HCA.

 

2.         The income and expenditure in the financial models outlined in Appendix One at both LHA and affordable weekly rental levels be noted. The overall financial impact (para 72) including the revenue deficit identified in early years of occupation under both models be also noted.

 

3.         That the use of temporary prudential borrowing of approximately £5.9m with consequent revenue costs of £223k per annum be approved. It be noted that this will be replaced with offsite Section 106 contributions that have been identified but not yet realised.

 

4.         That an increase of £275k of the extra care capital budget  ...  view the full minutes text for item 16.C.377

16.C.378

Market Walk Extension

To consider the attached report of the Chief Executive plus the following appendices:

.

Minutes:

The Executive Leader Councillor Alistair Bradley presented a report updating Members on the work undertaken to progress the Market Walk Extension proposals and wider town centre plans since the last report to Council in September 2015. The report sought approval to proceed with the extension and the first phase of the town centre plans. A number of appendices with comprehensive information as background and supporting documentation accompanied the report as follows:

 

·         Appendix A - Planning approval and conditions

·         Appendices B1, B2 and B3 - Layout plans 

·         Appendix C - Chorley Markets Strategy 2017/26 

·         Appendix D - Markets Consultation Plan 

·         Appendix E - Gerald Eve: Review of Covenants 

·         Appendix F - Estimated Rental Value Schedule 

·         Appendix G - High Level Cost Estimate 

·         Appendix H - Phasing and Programme Plans 

·         Appendix I - Town Centre Car Parking Strategy 

·         Appendix J - Public Realm Images 

·         Appendix K - Initial Design: Existing Market Walk

 

Councillor Bradley asked in considering this important decision, that Members focus on why the Council was proposing to invest in Market Walk with a 7 unit retail and leisure extension; what the effects would be in the short term; and what the impact would be for the longer term. He referred to the shift of retail focus from Market Street towards the bypass and the revamped draft Masterplan proposals for the town centre and proposals for car parking.

 

The Market Walk extension would bring in much needed national chains for the long term viability and vitality of Market Walk and the rest of the town centre along with a cinema and more food outlets to provide evening attraction. The proposals would importantly also bring in income for the Council through rental and business rates in future years when government support would reduce significantly. It would increase the value of the shopping centre as a key Council asset.

 

In the short term there would be disruption to the town centre and plans to mitigate this were contained in the report but the longer term outcomes would be worthwhile. Surrounding towns were starting to revamp their town centres and it was important that Chorley did so to give it the best chance of a thriving future.

 

In seconding the proposals, the Deputy Leader, Councillor Peter Wilson referred to the importance of the proposals before Members, building on the Council decision of 2013 to go ahead with the purchase of Market Walk Shopping Centre. That decision had proved to be financially advantageous for the Council and these proposals would reinforce that position. Significant work had gone into looking at both the short term and the longer term financial viability of the scheme using outside expertise.

 

Councillor Paul Leadbetter, Leader of the Conservative Group acknowledged the extensive work that had gone into the proposals which he felt amounted to 5 distinct projects: the actual extension; the improvements to the existing Market Walk; the relocation of the Flat Iron; the creation of a civic square; and other public realm work. He referred to the impact  ...  view the full minutes text for item 16.C.378

16.C.379

Appropriation of Part of Flat Iron Car Park to Facilitate the Market Walk Extension

To consider the attached report of the Chief Executive.

Minutes:

Further to the previous decision to proceed with the Market Walk Extension, Members considered a report of the Chief Executive on the appropriation of part of the Flat Iron car park for planning purposes and to authorise the Council to exercise power under S203 of the Housing and Planning Act 2016 should it be necessary to facilitate the Market Walk extension.

 

The Executive Leader, Councillor Alistair Bradley proposed and the Deputy Leader, Councillor Peter Wilson seconded and it was RESOLVED –

 

1.         That the appropriation of the land edged red on the plan attached as Appendix 1 to the report be approved for planning purposes for retail use; and

 

2.         That the use of statutory power under S203 of the Housing and Planning Act 2016 be authorised in respect of that land in the event that a negotiated settlement with Axa/Booths is not reached.