Agenda, decisions and minutes

An apology for absence was submitted on behalf of Councillor Dennis Edgerley.

To confirm as a correct record the minutes of the meeting of the Executive Cabinet held on 13 September 2012 (enclosed). 

RESOLVED - The minutes of the meeting of the Executive Cabinet held on 13 September be confirmed as a correct record and signed by the Executive Leader.

An update was requested in relation to the Localisation of Council Tax Support.  The draft scheme had been approved for consultation at Council on 25 September and the consultation was being undertaken by various mechanisms.  These included a postal survey to current recipients of Council Tax benefit and a random sample of additional people totalling 12,000 people.  The survey was available on the Council’s website and would be one of the topics discussed with members of the public at the upcoming Town Hall Open Day.  

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 Members declared an interest in respect of items on the agenda.

The Executive Leader reported that there had been no requests from members of the public to speak on any of the meeting’s agenda items.

The Executive Cabinet had agreed to a review of the Three Tier Forum after a 12 month period, as there have only been three meetings; the Cabinet are proposing to delay the review for a further six months.

Recommendation approved.

The Executive Member (Places) reported that when the decision had been taken to participate in the 3 Tier Forum it had been on the basis that there would be a review after 12 months.  As there had only been three meetings it had been proposed to delay the review for six months.

Members discussed the private nature and effectiveness of the Forum, but noted that the meetings were evolving.  The Council needed to be a member of the Forum to influence Lancashire County Council on the way the Forum worked going forward, both in terms of increasing the representation of Town and Parish Councils and for it to be a public meeting. 

It was noted that the Council was increasing communication with Town and Parish Councils through the monthly intheboro electronic magazine and the Borough/Parish Liaison meeting. 

Decision made

To delay the review the 3 Tier Forum for six months. 

Reason(s) for decision

As there have only been three meetings of the Forum.

Alternative option(s) considered and rejected

None.

To receive and consider the enclosed report of the Director of People and Places (enclosed)

Recommendation approved.

The Executive Member (People) presented a report which highlighted the variety of requests for memorials that were received by the Council and enclosed a draft policy for consultation to guide future acceptance of memorial items across the Council’s parks and open spaces.

Members noted the sensitive nature of the policy, but agreed that the policy was needed to clarify the Council’s position regarding memorials and to provide officers with an approved mechanism for accepting / refusing requests, and to manage ongoing memorial maintenance.  It was important that the policy had flexibility to deal with exceptional circumstances.

Members discussed the key stake holders who would be consulted.  Members would contact Councillor Murray with the details of any organisations who might wish to submit a consultation response.  Any people who had submitted a request for a memorial would also have the opportunity to submit a consultation response. 

Decision made

To circulate the draft policy to key stakeholders for consultation, subject to the inclusion of the following at the end of paragraph 5 of the draft policy “If they are vandalised or require replacement, the donors will be asked if they wish to replace the bench”.

Reason(s) for decision

To clarify the Council’s position regarding memorials and to provide officers with an approved mechanism for accepting / refusing requests, and to manage ongoing memorial maintenance.

Alternative option(s) considered and rejected

1.         Continue to consider requests for memorial items on an ad-hoc basis. A shortage of remaining space and the suitability of some requests would make this option unsustainable.

2.         No longer accepting any form of memorial requests for any of our sites - an unnecessary measure.

To receive and consider the report of the Director of Partnerships, Planning and Policy (enclosed).

1.  Recommendation approved.

2.  Recommendation approved.

The Executive Leader presented a report which sought approval to support the West Lancashire Local Plan and draft Statement of Compliance with the Duty to Cooperate. 

The document provided robust evidence as to how West Lancashire Borough Council had successfully cooperated and worked with neighbouring authorities and other organisations in the preparation of their Local Plan in relation to issues with potential cross – boundary impacts. 

The report sought approval for the Executive Member (LDF and Planning) to respond on the Council’s behalf to future consultations to Local Plans and compliance with the Duty to Cooperate from neighbouring local authorities.

Members noted that the Duty to Cooperate was a requirement of planning regulations and would need to be prepared to catalogue the evidence of the wide range of collaborative work with neighbouring authorities and other bodies that Council’s had undertaken in preparing their Local Plan.

Decision made

1.         Approval granted to support the West Lancashire Local Plan and Draft Statement of Compliance with the Duty to Cooperate. 

2.         Approval granted to the delegation of powers to the Executive Member for LDF and Planning to respond on the Council’s behalf to future consultations to Local Plans and compliance with the Duty to Cooperate from neighbouring local authorities where the response is to support the proposed Local Plan.  Where the proposed response to any such consultation was to oppose the draft Local Plan this would be brought back to Executive Cabinet for consideration.

Reason(s) for decision

To accord with planning legislation on the soundness of a Local Plan and the Duty to Cooperate.

Alternative option(s) 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 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

Recommendation approved.

RESOLVED – To exclude the press and public for the following item of business on the ground that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

To receive and consider the report of the Director of Planning, Partnerships and Policy (enclosed). 

1.         Recommendation approved.

2.         Recommendation approved.

3.         Recommendation approved.

4.         Recommendation approved.

The Deputy Executive Leader and Executive Member (Resources, Policy and Performance) presented a report which outlined the disposal of four pieces of council owned land to Adactus Housing Group Ltd for the construction and letting of Affordable rented housing.

Members noted that further work was ongoing in this area and another report would be brought to Executive Cabinet in the future.  The transfer of land was subject to planning permission. 

Decision made

1.         Approval granted to the transfer of the sites on the terms agreed and detailed in the report.

2.         Support given to the Social Housing Grant (SHG) awarded to Adactus Housing Group by the Homes and Communities Agency (HCA), by approving the transfer of each site at nil value which was below the market value of the individual sites

3.         Authorisation granted to Liberata Property Services, in conjunction with the Head of Governance, to proceed with the termination of the garage agreements on the sites and note the loss of annual income in the region of £4,804.80 per annum.

4.         Authorisation granted to the Head of Governance to complete a formal deed of variation with the tenant of a piece of land and note the loss of annual income in the region of £125 per annum.

Reason(s) for decision

The transfer of the sites will result in the construction of 15 new Affordable rented residential properties to be advertised and let through the Select Move choice based lettings system. 

Alternative option(s) considered and rejected

If the sites were not transferred to Adactus Housing Group, they would be in breach of their contract with the Homes and Community Agency, and they would have to search for alternative sites, which might not provide as well in terms of location and timescale.

To receive and consider the report of the Chief Executive (enclosed). 

The Deputy Executive Leader and Executive Member (Resources, Policy and Performance) presented a report which sought approval for changes to the structure and budget of the Policy and Communications service.

These changes would provide savings and drive a change in the focus of the service, to work on identified priority projects that support greater community engagement.

Decision made

1.         Approval granted for consultation on the new structure (Appendix B), and responsibility for the final approval of the structure following consultation and approval granted to the delegation of powers to the Executive Member for Resources, Policy and Performance.

2.         Approval granted to the changes to the budget for implementation in 2013/2014.

Reason(s) for decision

To facilitate the effective functioning of the service, and to secure efficiency savings.

Alternative option(s) considered and rejected

To not undertake the changes. This was rejected as it would not support the priority of delivering excellent value for money, or the objectives of the medium term financial strategy.

To receive and consider the report of the Director of Partnerships, Planning and Policy (enclosed).

1.         Recommendation approved.

2.         Recommendation approved.

The Executive Member (Homes and Business) presented a report which sought approval to consult on a new staffing structure for the Chorley Markets team.

The proposed structure was designed to enable the better delivery of markets and town centre services due to increased operational scope, future service improvements and additional projects.

A number of changes including the creation of a new post and revised working patterns had been included.

Decision made

1.         Approval granted for consultation on the new structure (Appendix B).

2.         Approval granted that following consultation, subject to only minor alterations, the final decision to implement the proposals be delegated to the Executive Member for Homes and Business supported by the HR team.

Reason(s) for decision

To support the delivery and implementation of the Market Operational Review which began early 2012 to ensure the service is fit for the future.

Alternative option(s) considered and rejected