Agenda and minutes

Council - Tuesday, 25th July 2017 6.30 pm

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Venue: Council Chamber, Town Hall, Chorley

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

Items
No. Item

Minute Silence

The Mayor asked that everyone join him in a minute’s silence to remember those who had lost their lives or their loved ones, or suffered injury, as a result of tragic events which had taken place since the last time the Council met, including terrorist related events in Manchester and London and the Grenfell Tower fire disaster.

17.C.437

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.

17.C.438

Minutes of the last meeting of the Council held on Tuesday, 16 May 2017 pdf icon PDF 503 KB

Minutes:

RESOLVED – that the minutes of the last meeting of the Council held on 16 May 2017 be approved as a correct record for signature by the Mayor.

17.C.439

Mayoral Announcements

Minutes:

The Mayor thanked those who had attended the Freedom of the Borough event on 22 July when the Duke of Lancaster’s Regiment had marched through the town centre led by the Band of the Lancashire Artillery. It was a spectacular event with many people lining the streets to show their support for the armed forces.

 

The Mayor referred to his support for the charity Youth Addaction which would be running a Mayor’s Award during his 2017/18 Mayoral year. The award would promote learning and personal development through a bespoke package of challenges and activities for 11 to 13 year olds in Chorley, and would be launched to high schools in the new academic year.

17.C.440

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.

17.C.441

Chorley Council Annual Report 2016/17 pdf icon PDF 202 KB

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

 

The report has been recirculated as there was a typographical error. 

Additional documents:

Minutes:

Councillor Alistair Bradley, Leader of the Council presented the Council’s Annual Report for 2016/17 summarising the Council’s achievements during that period and looking ahead to activity in the delivery of corporate priorities in 2017/18.

 

Councillor Peter Wilson, Deputy Leader referred to his pride in the Council’s progress and achievements across the whole Borough and thanked officers for their work delivering projects and services.

 

Councillor Alistair Bradley, Leader of the Council  proposed, Councillor Peter Wilson, Deputy Leader, seconded and it was RESOLVED – that the Annual Report be noted.

17.C.442

Executive Cabinet pdf icon PDF 270 KB

To consider the attached general report of the meeting of Executive Cabinet held on 22 June 2017.

Minutes:

Councillor Alistair Bradley, Executive Leader presented a general report of the Executive Cabinet meeting held on 22 June 2017. 

 

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

17.C.443

Provisional Revenue and Capital Outturn 2016/17 pdf icon PDF 756 KB

To consider the attached report of the Chief Executive agreed by Executive Cabinet on 22 June 2017 and requiring Council approval. 

Additional documents:

Minutes:

Councillor Peter Wilson, Executive Member for Resources presented a report of the Chief Executive on the provisional revenue and capital outturn figures for 2016/17 which had been agreed at the Executive Cabinet meeting on 22 June 2017 and required Council approval to a number of recommendations.

 

The Leader of the Council commented on the sound financial management of the Council and referred to the overall underspend of £320,000 with a number of areas achieving better than expected income targets.

 

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

 

1.         That approval be given to the slippage requests and other transfers to reserves outlined in Appendix 2 of the report to finance expenditure on specific items or projects in 2017/18.

 

2.         That approval be given to the contribution of £49,000 from in-year revenue underspends to the Change Management Reserve to finance one-off redundancy and pension strain costs arising from transformation and shared service strategies. This will supplement the £200k budget set aside in 2017/18 to increase the reserve.

 

3.         That approval be given to the contribution of £49,000 from in-year revenue underspends to the Buildings Maintenance Reserve to finance one-off costs relating to office utilisation and transformational change.

 

4.         That approval be given to the financing of the 2016/17 capital programme to maximise the use of funding resources available to the Council.

 

 

17.C.444

Scrutiny Reporting Back - Annual Report 2016/17 pdf icon PDF 723 KB

To receive for information, the attached Annual Report of the work Overview and Scrutiny Committee for 2016/17.

Minutes:

Councillor John Walker, Chair of the Overview and Scrutiny Committee presented Scrutiny Reporting Back, the Annual Report of the work of the Committee in 2016/17. He referred to the volume of work undertaken and thanked Members and officers for their contributions.

 

Councillor John Walker, Chair of the Overview and Scrutiny Committee proposed, Councillor Roy Lees, Vice Chair, seconded and it was RESOLVED – that the Annual Report be noted.

17.C.445

Overview and Scrutiny Committee pdf icon PDF 219 KB

To consider the attached general report of the Overview and Scrutiny Committee held on 6 July, including the Performance Panel meeting on 22 June and task group update.

 

Minutes:

Councillor John Walker, Chair of the Overview and Scrutiny Committee presented a general report of the work of the Committee held on 6 July, including a meeting of the Performance Panel on 22 June and an update from task groups.

 

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

 

17.C.446

Governance Committee pdf icon PDF 210 KB

To consider the attached general report of Governance Committee held on 21 June 2017.

 

Minutes:

Councillor Paul Leadbetter, Chair of the Governance Committee presented a general report on the work of the Committee meeting on 21 June 2017.

 

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

 

17.C.447

Council Appointments

To agree the following changes to Council appointments:

 

·         Councillor Debra Platt to be appointed to the Licensing and Public Safety Committee and a Labour Member to be appointed to the General Purposes Committee, following a request from Councillor Mark Jarnell to vacate seats on those two committees.

 

·         Councillor Hasina Khan to replace Councillor Margaret France as the Council’s representative on the LCC Health and Social Care Committee.

 

·         Councillor Margaret France to be appointed as the Council’s representative on the LCC Wellbeing, Prevention and Early Help Advisory Board for Chorley.

Minutes:

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 and it was RESOLVED - that the following appointments be approved:

 

·         Councillor Debra Platt to replace Councillor Mark Jarnell on Licensing and Public Safety Committee.

 

·         Councillor Matt Lynch to replace Councillor Mark Jarnell on General Purposes Committee.

 

·         Councillor Roy Lees to become a full Member of the Licensing and Public Safety Committee with Councillor Steve Murfitt becoming a substitute Member.

 

·         Councillor Gordon France to become a full Member of the Development Control Committee with Councillor Aaron Beaver becoming a substitute Member.

 

·         Councillor Hasina Khan to replace Councillor Margaret France as the Council’s representative on the LCC Health and Social Care Scrutiny Committee.

 

·         Councillor Margaret France to be appointed as the Council’s representative on the LCC Wellbeing, Prevention and Early Help Advisory Board for Chorley.

17.C.448

Questions Asked under Council Procedure Rule 8

Minutes:

There were no questions for consideration under Procedure Rule 8.

17.C.449

To consider a Notice of Motion in accordance with Council Procedure Rule 10

Notice of Motion submitted by Councillor Alistair Morwood and seconded by Councillor June Molyneaux   

 

Women against State Pension Inequality

 

MAKE FAIR TRANSITIONAL STATE PENSION ARRANGEMENTS FOR 1950'S WOMEN

 

“The Council calls upon the Government to make fair transitional state pension arrangements for all women born on or after 6th April 1951, who have unfairly borne the burden of the increase to the State Pension Age (SPA) with lack of appropriate notification.

 

The Council calls upon the Government to reconsider current transitional arrangements for women born on or after 6th April 1951, so that women do not live in hardship due to pension changes they were not told about until it was too late to make alternative arrangements.”

Minutes:

Councillor Alistair Morwood presented the following Motion submitted in accordance with Procedure Rule 10.

 

MAKE FAIR TRANSITIONAL STATE PENSION ARRANGEMENTS FOR 1950'S WOMEN

 

“The Council calls upon the Government to make fair transitional state pension arrangements for all women born on or after 6th April 1951, who have unfairly borne the burden of the increase to the State Pension Age (SPA) with lack of appropriate notification.

 

The Council calls upon the Government to reconsider current transitional arrangements for women born on or after 6th April 1951, so that women do not live in hardship due to pension changes they were not told about until it was too late to make alternative arrangements.”

 

Councillor Alistair Morwood spoke in support of the motion which he said was not about pension age but about the rise in state pension age for women born after on or after 6 April 1951 which had been imposed too quickly, without the opportunity to plan for it financially. It impacted on 6,100 women in Chorley alone and he asked that if the motion was supported by Members, that the Town Hall clock be illuminated in purple, the campaign colour.

 

Councillor June Molyneaux seconded the motion and spoke in support of it.

 

RESOLVED - on being put to the vote, there was unanimous support for the motion, including the Town Hall clock being illuminated in the national campaign colour of purple.

17.C.450

Amendment to Scheme of Delegation for Taxi Licensing pdf icon PDF 178 KB

An urgent item was considered at the Licensing and Public Safety Committee on 19 July 2017 relating to recent case law. 

 

The report of the Director (Policy and Governance) is enclosed).

Additional documents:

Minutes:

The Mayor indicated that he had agreed to the consideration of this urgent item which had been referred for determination by the Licensing and Public Safety Committee on 19 July 2017 as a result of recent case law.

 

Councillor Paul Walmsley, Executive Member for Public Protection presented a report of the Director of Policy and Governance seeking an amendment to the scheme of delegation contained within the Council’s Constitution under section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976 and following case law Reigate and Banstead Borough Council v Pawlowski 2017.

 

Councillor Paul Walmsley, Executive Member for Public Protection proposed, Councillor Marion Lowe, Chair of Licensing and Public Safety Committee, seconded and it was RESOLVED –  that the Head of Legal, Democratic and HR Services be authorised to amend the current Responsibility for Functions section in the Constitution (Scheme of Delegation) to allow the following decisions to be made by Officers:

 

Delegated power to the Director of Early Intervention and Support (or another senior officer in the event that the Director is not available) in consultation with Chair or Vice Chair of Licensing & Public Safety Committee to revoke a hackney carriage driver licence or private hire driver licence with or without immediate effect under Section 61[2B] of the Local Government (Miscellaneous Provisions) Act 1976.

17.C.451

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

Minutes:

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

 

17.C.452

Market Walk Extension - Award of Contract

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

Minutes:

Councillor Alistair Bradley, Executive Leader presented a detailed report updating Members on work undertaken to progress the Market Walk Extension and wider town centre plans since the last report to Council in September 2016. The report sought approval to the awarding of the contract to continue with the main build and associated enabling works for the extension and the first phase of the town centre public realm plans.

 

The following Appendices were attached to the report:

·         Appendix A – Site plan

·         Appendices B and C – Elevational drawings

·         Appendix D – Aerial 3D view

·         Appendix E – Tenant schedule

·         Appendix F – Public realm phasing plan

·         Appendix G - Gateway 4 report containing

o   GA RIBA plan of work

o   GB Proposed contract document control sheet

o   GC Contractor proposals

o   GD Master programme

o   GE Risk and opportunities register

o   GF summary market tested cost plan

o   GG CMW cladding benchmarking report

o   GH change control log

·         Appendix H – Chorley parking options appraisal

 

In presenting the report, Councillor Bradley reminded Members that at this stage, the content of the report remained confidential. A number of briefings/drop in sessions had been arranged to give all Councillors the opportunity to fully understand the proposals. He summarised the background and history to the project; the objectives of the scheme and the wider context of the town centre masterplan; the current position in relation to commitments from retailers; and previous discussions about the level of pre-lets. He also looked at the financial implications of the scheme including funding sources and the risks involved in both progressing and not progressing. A decision was now required for the Council to achieve completion of the Market Walk Extension by December 2018.

 

Councillor Peter Wilson, Executive Member for Resources stressed the need to revitalise the town centre and urged all councillors to look at the wider picture and the creation of the Civic Square and public realm improvements as well as the retail addition through the Market Walk Extension.

 

Councillor Morgan asked about the position on the full sign up to the scheme by key retailers. The Leader stressed the criteria that would be adopted before the Council would go ahead. A number of retailers who had previously withdrawn their interest were now coming back to negotiate and the position looked very optimistic,  however  sign up by the major retailer in question was required for the scheme to progress and this was clear from the recommendations Members were being asked to approve. 

 

Councillor Paul Leadbetter referred to the proposed 50% occupancy sign up and the risks it posed. He also referred to the risk in relation to the Council’s investment and whether the rate of return was an acceptable one. In response, Councillor Wilson referred to the risk of buying Market Walk originally and the financial benefits that had brought, with now full occupancy levels. He also stressed the need to look to the future and ensure the development of the town centre and this included  ...  view the full minutes text for item 17.C.452