Agenda, decisions and minutes

Decision: The minutes of the Executive Cabinet meeting held on 17 November 2016 were confirmed as a correct record for signing by the Executive Leader.

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 any interest.

Members of the public who have requested the opportunity to ask a question(s) on an item(s) on the agenda will have three minutes to put their question(s) to the respective Executive Member(s).  Each member of the public will be allowed to ask one short supplementary question. 

A number of questions will be submitted at the meeting by Andrew Birchall on behalf of the Protect Chorley hospital from Cuts and Privatisation Campaign (enclosed)

The Executive Leader will respond to these questions.

A number of questions were submitted on behalf of the Protect Chorley Hospital from Cuts and Privatisation against Item 3a on the agenda: NHS Sustainability and Transformation Plans.

A written response to each of the thirteen questions was provided by The Executive Leader and circulated at the meeting as follows:

It is important to note through the responses to all of the questions that Chorley Council does not have a formal role in the development or agreement of Sustainability and Transformation Plans, nor any of the plans that could be associated with them (such as commissioning strategies)

They are primarily NHS documents – requested from health economies from NHS England. The focus in the NH England planning guidance states that the NHS should take a system wide view of change (including local government). However, its focus is then on social care when it refers to working with local government. This means that attention is focussed on the county council, particularly through the health and wellbeing board, which is managed and le by the county council.

However, even with these caveats, Chorley Council has stated that it wants to protect the interests of its residents through any changes to public services. This means that we will and have lobbied other organisations where we think change is needed.

Also it should be noted that the responses to these questions are based on the agreed position of the entire Council, and not representative of any individual Councillor or Group. Some points raised have not been subject to decisions of the full Council and the attendant due process, and are proffered in a spirit of openness and transparency. Therefore some current Council answers and position may be subject to change by future due process.

1.     When did you first become involved in the Commissioning, Sustainability, and Transformation plans?

Chorley Council’s Chief Executive has acted as the representative of the Lancashire district councils in the development of the STP. As such, he was first involved in the STP process in January 2016. He has been involved as a representative of district councils, but without any decision making power, with a particular focus on the prevention work stream.

Councillors have not had any direct involvement in the sustainability and transformation plans, other than to be invited and attend engagement events for Our Health, Our Care in November 2016.

2.     What Health and Social Care meetings are the Council involved in and could you please list the organisations, and how often they meet?

The Council is represented on the county council’s health scrutiny committee in a non-voting capacity by Councillor Hasina Khan. She also took part in the recent review undertaken by the committee into the closure of the Emergency Department at Chorley Hospital. The membership of the Committee can be found on the county council’s website:

https://council.lancashire.gov.uk/mgCommitteeDetails.aspx?ID=182

The Chief Executive chairs the health and wellbeing partnership for central Lancashire. This partnership meets on a quarterly basis. The organisations represented on the partnership are; Chorley Council, South  ...  view the full minutes text for item 16.EC.35

Report of the Director of Policy and Governance (enclosed)

1.    The contents of the report were noted.

2.    Approval that the Chair of Equalities and Well Being (in her role as Lead Member for Health and Wellbeing, Equality and Diversity) will provide updates to the Executive Cabinet and Council as the Sustainability and Transformation Plan develops further and the local Our Health, Our Care programme is published.

3.    Approval that the Executive Cabinet will continue to support local residents in their campaign to protect local health services.

The Executive Leader presented the report of the Director of Policy and Governance that provided an update on the recently published Sustainability and Transformation Plan (STP) for Lancashire and South Cumbria. It was this item that questions had been submitted against by a representative of the Protect Chorley Hospital from Cuts and Privatisation

The STP sets out the collective challenges facing health and social care across Lancashire and South Cumbria in the coming years. As previously reported to Council, the challenges are significant and relate to budgetary constraints against an increasing demand for services. The funding gap will reach £572 million by 2021 unless changes are made to the system.

The plan identifies the following key objectives that it aims to respond to:

·         To set out a clear direction of travel for the unified health and care system in Lancashire and South Cumbria as the Five Year Forward View has across England.

·         To achieve fundamental and measurable improvements in health outcomes.

·         To reduce health inequalities across Lancashire and South Cumbria

·         To achieve parity of esteem for mental health and physical health across Lancashire and South Cumbria.

·         To ensure greater focus on ill-health prevention, early intervention and self-care where this improves outcomes.

·         To ensure change is supported by a clear evidence base or an evaluation structure where evidence is not available

·         To remove organisational or professional boundaries that get in the way of progress.

·         To make maximum use of new technology when this will improve the quality of care provided.

The plan identifies a series of priority areas for 2016 to 2021 and much of the focus of the STP appears to have similar ambitions to the work that the Council undertook on future governance models, particularly around improving on prevention, early intervention and improving community resilience.

The local Our Health, Our Care programme will be the key vehicle for changes within the local health economy, and Councillors along with the Chief Executive have been invited and have attended engagement events that have provided updates on the programme. It is however important to note that the Council has no role in approving the STP and that the plans are part of the NHS planning guidance.

The Council had recently reviewed and reiterated its position on public service reform and governance models at its Special Council meeting in November and is clear in its desire to maintain and protect public services and ensuring that they retain a local identity and improve democratic accountability. The Council through its Executive Leader and Public Services Reform Board would continue to press for public service reform that maintains and improves locally accountable public services.

Decision:                                                                 

1.    The contents of the report were noted.

2.    Approval that the Chair of Equalities and Well Being (in her role as Lead Member for Health and Wellbeing, Equality and Diversity) will provide updates to the Executive Cabinet and Council as the Sustainability and Transformation Plan develops further and the local Our Health, Our Care programme is published.

3.    Approval that  ...  view the full minutes text for item 16.EC.36

The report of the Chief Executive (enclosed)

The report and draft illustrative Masterplan document at Appendix A was noted.

The Executive Leader presented the report of the Chief Executive updating Members on the progress of the Council project to develop an Economic Masterplan for the Botany Bay Area.

The adopted Chorley Local Plan for 2012-2026 allocated the Botany Bay/Great Knowley Area as a sub-regional employment and mixed use site under policy EP2. Changes with that policy required the site to have a Masterplan, an acceptability of other forms of development to secure the delivery of the wider allocation including retail and housing. This was the second time that this area had been allocated in the Local Plan and if the site did not come forward in this plan period, it would have to be deallocated.

The project was listed as a corporate priority and has now been progressed with stakeholders. The report updated Members on the progress that had been made and presented a final draft for information. The Masterplan was policy and evidence led and reflected the aspirations of those Stakeholders that had signed up to a Memorandum of Understanding (MoU).

The Masterplan would be used to support any future planning application as evidence and would show how all the parcels of land within the allocation will contribute to the Local Plan. The costs of the Masterplan would be met from the site’s various stakeholders and the carried forward investment budget. Any additional works regarding the improvements to the highway network would be met from the furthering key employment sites budget.

Members had concerns that current highways issues would increase if this site was developed and assurances were given that Highways England had already engaged with the Council to identify possible solutions to address these issues.

Officers were also asked to consider other issues that included the development of a Public Transport Plan to ease congestion and parking pressures, a park and ride facility, improvements to the Canal to provide a much improved leisure offer for the area and the undertaken of market testing should a retail development application be received as Members had concerns that any such development would affect the growth of the Town Centre.

Decision:

The report and draft illustrative Masterplan document at Appendix A was noted.

Reason(s) for recommendations:

Members cannot approve the proposed Masterplan as this will be a key consideration for any Planning Application and the Council should not do anything that may give the appearance of fettering any future decision.

Alternative options considered and rejected.

To take no action on progression of the Corporate Project.

Report of the Chief Executive (enclosed)

1.    The intention of the Elections and Electoral Registration Manager to seek a waiver from the Council’s Contract Procedure Rules was noted.

2.    Approval for a market testing exercise to be undertaken to enable the Council to demonstrate best value in retention to supply contracts for printing for elections and electoral registration.

3.    Approval that the assessment of any quotations received for elections printing to be assessed on the basis of 70% quality and 30% cost.

4.    Approval that the assessment of any quotations received for electoral registration printing be assessed on the basis of 60% quality and 40% cost.

5.    Approval that the authority to award the contract be delegated to the Chief Executive in their role as Returning Officer.

The Executive Leader presented the report of the Chief Executive that sought approval of the proposed process for appointing a supplier for the printing of elections and electoral registration stationary. The report sought a departure for the Council’s contract procedure rules by asking for permission to approach four suppliers directly.

A market testing exercise had been undertaken three years previously that had demonstrated best value and a waiver granted each subsequent year to reappoint the successful bidder

The quotes would be assessed in terms of both quality and cost for printing both elections and electoral registration printing and that the decision to award the contract would be taken by the Chief Executive in his role as Returning Officer.

Decision:

1.    The intention of the Elections and Electoral Registration Manager to seek a waiver from the Council’s Contract Procedure Rules was noted.

2.    Approval for a market testing exercise to be undertaken to enable the Council to demonstrate best value in retention to supply contracts for printing for elections and electoral registration.

3.    Approval that the assessment of any quotations received for elections printing to be assessed on the basis of 70% quality and 30% cost.

4.    Approval that the assessment of any quotations received for electoral registration printing be assessed on the basis of 60% quality and 40% cost.

5.    Approval that the authority to award the contract be delegated to the Chief Executive in their role as Returning Officer.

Reasons for recommendation(s)

It is necessary to undertake a market testing exercise to demonstrate best value. There are few experienced elections printers and so it is appropriate to approach them directly rather than do an open process.

Alternative options considered and rejected.

To continue with the current provider.

Report of the Director of Customer and Digital (enclosed)

1.    The report was noted.

2.    Approval that the preparation and issuing of the Final Notification to BT and the Secretary of the State be delegated to the Director of Customer and Advice in consultation with the Executive Member with the portfolio for planning.

The Executive Member (Public Protection) presented the report of the Director of Customer and Digital that presented Members with the council’s draft decision in response to the proposal by British Telecom (BT) to remove a number of public call boxes in the borough.

The Council had prepared the draft response to BT after a 90 day consultation period undertaken with the authority and local community and a response was given against each payphone as to whether to agree with its removal, object to the removal or whether the local community wished to adopt the box.

As part of the consultation process, BT is giving communities the opportunity to adopt a traditional red ‘heritage’ phone box and make them an asset that people will benefit from, such as a book store or a defibrillator station.

There are 30 payphones in the borough proposed for removal and a list of their location and usage over the past 12 months was appended to the report along with informed responses.

Decision:

1.    The report was noted.

2.    Approval that the preparation and issuing of the Final Notification to BT and the Secretary of the State be delegated to the Director of Customer and Digital in consultation with the Executive Member with the portfolio for planning.

Reasons for recommendation(s)

None

Alternative options considered and rejected

None

Report of the Chief Executive (enclosed)

1.    Approval to award the contract for project management and quantity surveyor service for Primrose Gardens to Pick Everard under the Scape framework to a contract value of £144,000.

2.    Approval of the acquisition of the St John Ambulance Hall with vacant possession for the capital sum of £188,500.

3.    Authorisation be delegated to the Head of Legal, Democratic and Human Resources to prepare and execute the necessary legal documentation to complete the purchase of the St John ambulance Hall

4.    Approval for the payment of £770 stamp duty plus the legal fees for St John on the condition that the sale is completed within eight weeks.

The Executive Member (Customer and Advice Services) presented the report of the Chief Executive to provide an update on the commission of professional consultancy services for Primrose Gardens retirement living (extra care) scheme on Fleet Street and sought approval to award the contract to Pick Everard.

The report also confirmed the outcome of the negotiations regarding the sale of the St John Ambulance building to the Council as part of the land assembly for the development of Primrose Gardens Retirement living scheme.

Decision:

1.    Approval to award the contract for project management and quantity surveyor service for Primrose Gardens to Pick Everard under the Scape framework to a contract value of £144,000.

2.    Approval of the acquisition of the St John Ambulance Hall with vacant possession for the capital sum of £188,500.

3.    Authorisation be delegated to the Head of Legal, Democratic and Human Resources to prepare and execute the necessary legal documentation to complete the purchase of the St John ambulance Hall

4.    Approval for the payment of £770 stamp duty plus the legal fees for St John on the condition that the sale is completed within eight weeks.

Reasons for recommendation(s)

To enable the Primrose Gardens Project to continue and be delivered to timescales ensuring Eric Wright Construction deliver a high quality development with value engineering throughout the process to ensure costs are contained within budget.

Alternative options considered and rejected

None

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 4 of Part 1 of Schedule 12A to the Local Government Act 1972.

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).

Approval that the press and public be excluded for the following items of business on the grounds that they involve the likely disclose of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government act 1972.

Report of the Chief Executive (enclosed)

Recommendations approved.

The Executive Member (Resources) presented the report of the Chief Executive that sought approval to the surrender of the existing lease of the above premises and the grant of a new 25 year lease to the Chorley Surgery Practice on terms provisionally agreed.

The surgery is now well established and has plans to improve the facility including the creation of a dispensing pharmacy within the property that will be open to patients and the general public.

Decision:

Recommendations approved.

Reasons for the recommendation(s)

The Council will secure occupation of the building until January 2042

Alternative options considered and rejected

The Council could continue with the existing lease; however the agreement does not offer the security of tenure required by the tenant to carry out alterations and investment in the property.