Agenda, decisions and minutes

Decision: The minutes of the Executive Cabinet meeting held on 17 March 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.

No declarations of any interests were received.

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. 

There were no questions received from any member of the 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 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.

Approval that the press and public be excluded for the following items of business on the grounds that they involve the likely disclosure 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)

That the report be noted.

The report of the Chief Executive was presented by the Executive Leader and Executive Member (Economic Development and Public Service Reform). The report updated on progress made to bring forward land allocated for development at Euxton Lane and the Digital Health Village. The report also made Members aware of the proposed Digital Office Park at the site, a potential commercial venture for the Council, which is subject to an application by the Council for European funding.

Decision:

That the report be noted.

Reasons for recommendation(s)

1.            To bring Members up to date with the positive progress both in developing the Digital Health Village and bringing forward the employment land, and in particular the Digital Park Office, at Euxton Lane in readiness for considering a more in depth report at Council with regards to the Council’s commitment to the Digital Office Park as a commercial venture.

2.            To expand the Council’s investment portfolio as a means to generate revenue in order to supplement local taxation income streams.

Alternative options considered and rejected.

The development of the Euxton Lane site solely for employment uses was rejected on financial viability grounds. Likewise, the site’s entire development for residential use would be a major deviation from the Chorley Local Plan and not provide benefits of growing the digital and health sector economies and creating jobs locally.

1.     Approval granted to accept the recommendations made by the Overview and Scrutiny Task Group Review of Staff Sickness Absence as outlined in the report.

2.     That the Executive Member (Resources) will respond directly to the Overview and Scrutiny Committee so that the recommendations can implemented immediately.

In the absence of the Chair of Overview and Scrutiny, and Chair of the Task Group, Councillor John Walker, the Leader of the Opposition, Councillor Paul Leadbetter presented the final report of the Overview and Scrutiny Task Group’s review on Staff Sickness Absence.

It was reported that the Task Group felt that the current increase in the levels of sickness absence for 2015/16 did not suggest any underlying cause for concern and felt that the Council’s current Sickness Absence Policy and approach to short and long term staff sickness absence was fair and proportionate to manage staff sickness effectively and requested that the Executive Cabinet accept and approve the recommendations which were mainly around training for managers to maintain a consistent approach to the implementation of the new policy across the authority.

Decision: The report of the Overview and Scrutiny Task Group was received and accepted for consideration, with a view to the Executive Cabinet’s recommended response to the recommendations being reported directly to the next meeting of the Overview and Scrutiny Committee.

Report of Chief Executive (enclosed)

1.     That the full year revenue and capital investment programme position for 2015/16 be noted.

2.     To recommend to Full Council the approval of slippage requests and other transfers to reserves as outlined in Appendix 2 of the report to finance expenditure on specific items or projects in 2016/17.

3.     To recommend to Full Council the approval of the set aside £80,000 from the 2015/16 surplus on Market Walk and £70.000 from other in-year revenue underspends to the Buildings Maintenance Fund to finance asset improvements in 2016/17.

4.     To recommend to Full Council the approval of the transfer of £50,000 from in-year revenue underspends to the Buildings Maintenance Fund to finance asset improvements in 2016/17.

5.     That the 2015/16 outturn position on the Council’s reserves be noted.

6.     To recommend to Full Council the approval of the transfer of the £0.415m underspend in respect of the Central Business Rates Retention (BRR) Levey Budget to the BBR Equalisation Reserve.

7.     That the impact of the final capital expenditure outturn and the re-phasing of capital budgets to 2016/17 be noted and approval of the additions and deletion to the 2015/16 capital budget outlined in paragraphs 96 to 99.

8.     To recommend to Full Council the approval of the financing of the 2015/16 Capital Programme to maximise the use of funding resources available to the Council.

The report of the Chief Executive was presented by the Deputy Leader and Executive Member (Resources). The report presented the provisional outturn figures for the Council as compared against the budget and efficiency savings targets set for the financial year 2015/16.

The report set out the provisional outturn figures for the 2015/16 Capital Programme and updated the Capital Programme for financial years 2016/17 to 2018/19 to take account of the re-phasing of expenditure from 2015/16 and other proposed budget changes.

The accounts were provisional at this stage and were also subject to final checking and scrutiny by the Council’s external auditor.  Should there be any significant changes to the outturn as a result of this process a further report would be submitted to Executive Cabinet.

Members noted that the total Business Rates Retention (BRR) receipts for 2015/16 were less than anticipated. This had been brought about as a result of the Valuation Office Agency appeals process and a decision made by the VOA, outwith this usual process, to significantly reduce the Rateable Value of the M6 Service Station at Charnock Richard, a decision backdated to 1 April 2010. The vagaries of the system has meant that this reduction in financial performance actually creates an underspend of £0.415m against the anticipated budget position.

In response to a query in relation to the allocation of Section 106 money, the Leader advised that a document would be circulated to all Members shortly on how Section 106 and Community Infrastructure Levy (CIL) money was raised and allocated

Decision:

1.     That the full year outturn position for the 2015/16 revenue budget and capital investment programme be noted.

2.     To recommend to Full Council the approval of slippage requests and other transfers to reserves as outlined in Appendix 2 of the report to finance expenditure on specific items or projects in 2016/17.

3.     To recommend to Full Council the approval of the set aside £80,000 from the 2015/16 surplus on Market Walk and £70.000 from other in-year revenue underspends to the Buildings Maintenance Fund to finance asset improvements in 2016/17.

4.     To recommend to Full Council the approval of the transfer of £50,000 from in-year revenue underspends to the Buildings Maintenance Fund to finance asset improvements in 2016/17.

5.     That the 2015/16 outturn position on the Council’s reserves be noted.

6.     To recommend to Full Council the approval of the transfer of the £0.415m underspend in respect of the Central Business Rates Retention (BRR) Levey Budget to the BBR Equalisation Reserve.

7.     That the impact of the final capital expenditure outturn and the re-phasing of capital budgets to 2016/17 be noted and approval of the additions and deletion to the 2015/16 capital budget outlined in paragraphs 96 to 99.

8.     To recommend to Full Council the approval of the financing of the 2015/16 Capital Programme to maximise the use of funding resources available to the Council.

Reasons for recommendation(s)

To ensure the Council’s budgetary targets are achieved.

Alternative options considered and rejected

None

Report of the Director of Policy and Governance (enclosed)

Approval of the updated Equality Scheme 2016.

The report of the Director of Policy and Governance was presented by the Deputy Leader and Executive Member (Resources) and was a revised and updated version of the Council’s Equality Scheme for the Executive Cabinet consideration.

The scheme represents the authority’s most recent approach towards equality and diversity based on a comprehensive review of legislation, data and best practice. It outlined the Council’s approach, the processes undertaken and the strategies and policies in place to ensure that the authority continued to undertake its duties as defined by the Equality Act 2010. The scheme also contained an action plan appended to the report that outlined the key activities to be undertaken over 2016/17 to enhance and improve performance.

Decision:

Approval of the updated Equality Scheme 2016 granted.

Reasons for recommendation(s)

1.            Our Equality Scheme sets out our vision for equality. If approved, the scheme will outline the steps we will be taking over the coming years to proactively promote equality and diversity through our roles as a service provider, community leader and employer. It also enables us to set out our plans as to how we will meet the Equality Act 2010 in terms of both general duties and the specific public sector duty.

2.            A strong commitment to equality and diversity will not only help us to meet our legal requirements but will also provide benefits to our local communities. As an organisation that is committed to understanding and shaping its services around customer needs, we need to be able to recognise and adapt to the diverse nature of our local communities.

Alternative options considered and rejected

1.            To continue with the existing Equality Scheme.

2.            Continuing with our current Equality Scheme is not considered an option as, whilst comprehensive, the current scheme is outdated and does not reflect our most up to date approach towards equality and diversity considerations as an organisation.

Report of the Director of Policy and Performance (enclosed)

That the report be noted.

The report of the Director of Policy and Governance was presented by the Deputy Leader and Executive Member (Resources). The monitoring report set out performance against the delivery of the Corporate Strategy, and key performance indicators during the fourth quarter of 2015/16, 1 January to 31 March 2016.

The report also provided an update on the performance of last years, 2014/15 Corporate Strategy projects and the outcomes achieved. The majority of projects (89%) had been successfully completed and are rated green with highly positive outcomes that had been developed and taken forward in 2016/17. Only one project, which will continue to be progressed through the 2016/17 Corporate Strategy is currently rated red; ‘Progress the delivery of Friday Street Health Centre’. This rating reflected recent delays to progress, pending the outcomes of a review by the Clinical Commissioning Group which will influence future funding.

Members were informed that the performance of the Corporate Strategy indicators and key service delivery measures remains excellent with 84% of the Corporate Strategy indicators and 90% of the key service measures performing above target or within the 5% tolerance.

Members were informed that the Economic Masterplan for Botany Bay had progressed and had an agreement in principle with the landowners. The next steps would be to consult with ward councillors and local residents over the next couple of months before applying for planning permission.

Decision:

That the report be noted.

Reasons for recommendation(s)

To facilitate the ongoing analysis and management of the Council’s performance in delivering the Corporate Strategy

Alternative options considered and rejected

None

Report of the Director of Early Intervention (enclosed)

1.     Delegated authority was granted to the Deputy Chief Executive/Director of Early Intervention to implement the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 and in turn, grant delegated authority to designated officers within the Council and PCSO’s to issue Fixed Penalty and PCSO’s to issue Fixed Penalty Notices for fly-tipping.

2.     Approval granted for the fixed penalty to be set at £400 in the Chorley Borough, reduced to £200 if paid in full within 10 days of the notice being issued.

The report of the Director of Early Intervention was presented by the Executive Member (Public Protection). The report highlighted new regulations that allow local authorities to issue fixed penalty notices for those caught fly-tipping.

The report recommended that Chorley Council set its penalty fee to £400, with a reduction to £200, is paid with 10 days of the notice being issued. This was in line with the national default if no local penalty is set.

Members were advised that local authorities are responsible for investigating and clearing small scale fly-tipping on public land and that larger fly-tipping (classed as a lorry load or more) is the responsibility of the Environment Agency. There are typically 800 incidents of fly-tipping the borough each year and the issuing of a fixed penalty notice is only one tool available to the Council, along with prosecution through the Courts.

Members were pleased to see this course of action being taken by the Council and urged the authority to publicise the scheme as much as possible to get the message across that the Council will prosecute. Thanks were also given to the Neighbourhood Officers who worked really hard to identify the culprits and educate people to help change behavioural patterns.

Decision:

1.     Delegated authority was granted to the Deputy Chief Executive/Director of Early Intervention to implement the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 and in turn, grant delegated authority to designated officers within the Council and PCSO’s to issue Fixed Penalty and PCSO’s to issue Fixed Penalty Notices for fly-tipping.

2.     Approval granted for the fixed penalty to be set at £400 in the Chorley Borough, reduced to £200 if paid in full within 10 days of the notice being issued.

Reasons for recommendation(s)

The exercising of the new regulations will deter people from committing the act and financially punish offenders, so enabling some of our costs to be retrieved and change behaviours within the community.

Alternative options considered and rejected.

If no decision as to the amount is agreed then the legislation sets the default amount of fine at £200.

Report of the Chief Executive (enclosed)

That the report be noted.

The report of the Chief executive was presented by the Executive Member (Early Intervention). The report provided an update on the performance of the commissioned VCFS providers during 2015/16, year two of the three year contract.

Overall performance of all of the commissioned providers remained excellent and all of the organisations have met or exceeded all the aims as set out in their contracts.

Contract reviews have been undertaken with each of the providers to consider overall performance and gave an opportunity to highlight any issues in delivery and an update on each of the contracts was appended to the report.

Delivery of the final contract year has now commenced and monitoring will continue to take place on a quarterly basis, with final year monitoring and evaluation planned for the end of March 2017.

Decision:

That the report be noted.

Reasons for recommendation(s)

To ensure effective monitoring of the council’s commissioned providers.

Alternative options considered and rejected.

None

Report of the Director of Customer and Digital (enclosed)

The recommendations made by the Overview and Scrutiny Committee Task Group on the Single Front Office were accepted and the actions taken or planned to be taken were detailed within the report.

The report of the Director of Customer and Digital was presented by the Executive Member (Customer and Advice Services).  The report provided the response to the Overview and Scrutiny Task Group Review of the Single Front Office undertaken in 2015 and reported to Executive Cabinet in February 2016.

All the recommendations were accepted and the report outlined the actions that had already been taken to address each one and progress made to date.

Councillor Dunn thanked all those who had contributed to the inquiry. 

Decision:

Approval granted to accept the recommendations made by the Overview and Scrutiny Task Group Review of the Single Front Office as outlined in the report.

Reasons for recommendation(s)

To provide a response to the recommendations made by the O&S task group review of the implementation of the Single Front Office.

Alternative option(s) considered and rejected

None

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

Report of the Director of Policy and Governance (enclosed)

That the report be noted.

The report of the Director of Policy and Governance was presented by the Deputy Leader and Executive Member (Resources) and provided and update on the performance of the Council’s key partnership arrangements.

Overall performance of all the key partnerships was generally strong and the financial assessments of the partnerships are positive with the financial standing of the majority of key partnerships remaining strong or improving.

Decision:

That the report be noted.

Reason for recommendation(s)

To ensure effective monitoring of the Council’s key partnerships

Alternative options considered and rejected

None