Agenda, decisions and minutes

Decision: The minutes of the meeting of the Executive Cabinet held on 26 March 2015 be confirmed as a correct record and signed 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 interests.

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 was one question from a member of the public, Peter Talbot. 

In respect of the Central Lancashire Gypsy and Traveller Accommodation and Assessment report’ dated May 2015.  Table 6.1 in the report shows a need in Chorley under a number of different categories i.e. 1d, 3d, 3e, 4f and in line 10 of the table. 

Can you please confirm if these are actual identified needs by individuals, and if so the specific need of these named individuals or an assessment of need by the authors of the report based on experience.

In response Councillor Alistair Bradley, Executive Leader of the Council, advised that the categories identified were actual needs of actual individuals interviewed by the consultant.

Line 10 we believe to be a mistake by the consultant – which doesn’t affect the final numbers as he had treated one of the boys (line 4f) as being within this category so that line was wrong too.  The updated/ corrected report would be available for Council.

Mr Talbot asked a supplementary question in relation to the costs of providing pitches going forward, how this would be funded and whether the Council would give consideration to the planning application which had recently been submitted. 

At this point the Executive Leader suggested that the item in relation to the question be considered and debated in full. 

Report of Chief Executive. 

1.         The findings of the GTAA were noted.

2.         The proposal at paragraph 44 that Council will be asked to approve that officers undertake further work to ascertain when the government’s revised guidance on Travellers is likely to be issued and to explore the issue of ‘local circumstances’ that may apply to Chorley Borough was noted.

As there were members of the public present for this item the Executive Leader agreed to take this item of business first.

The report of the Chief Executive was presented by the Executive Leader and Executive Member (Economic Development and Partnerships). The report informed members about the revised Central Lancashire Gypsy, Traveller and Travelling Showpeople Accommodation Assessment (GTAA) – May 2015.

Chorley’s permanent Travelling pitch need figure of 11 was largely based on the Traveller Community currently residing at Hut Lane projected forward to 2026 (the emerging Chorley Local Plan period). The prescribed model took their presence as a current indication of need for a permanent site.  Given that the current local Plan would allocate 5 permanent pitches at Cowling Farm, the remaining 6 would need to be allocated through a Gypsy and Travellers and Travelling Showpeople.Development Plan Document (DPD).

The Council would progress a permanent site for a minimum of 5 Traveller pitches through its Local Plan. A report recommending the endorsement of the Inspector’s Minded Modifications and the adoption of the Local Plan would be presented to Council on 21 July.

Chorley’s remaining 6 permanent Traveller pitches and any additional ‘need’ across Central Lancashire would be explored through a Gypsy and Travellers and Travelling Showpeople DPD.

A public consultation on an Issues and Options version of this document would invite comment on the study methodology and identify key issues that had to be addressed by the plan.

Members noted the recommendation that officers undertake further work to ascertain when the government’s revised guidance on Travellers was likely to be issued and to explore the issue of ‘local circumstances’ that might apply to Chorley Borough.

Decision:

1.         The findings of the GTAA were noted.

2.         The proposal at paragraph 44 that Council would be asked to approve that officers undertake further work to ascertain when the government’s revised guidance on Travellers was likely to be issued and to explore the issue of ‘local circumstances’ that might apply to Chorley Borough was noted.

Reasons for recommendation(s)

The GTAA provided an up to date assessment of the Gypsy, Traveller and Travelling Showpeople’s housing needs in the Central Lancashire area. Its findings inform the approach taken to cover this issue in Local Plans and it formed part of the evidence base behind the Central Lancashire Gypsy, Traveller and Travelling Showpeople Local Plan.

Alternative option(s) considered and rejected

Failure to undertake a GTAA and progress a local plan to allocate sufficient land to meet the identified need for new pitches would be contrary to national planning policy guidance.

Report of Project Director.

The report was noted.

The report of the Project Director was presented by the Executive Leader and Executive Member (Economic Development and Partnerships).  The report presented the report from the commission on the Future of Public Services in Chorley and the potential responses to the recommendations.

On 4 and 5 March, the council hosted an independent commission to examine the future of public services in the borough. The commission received evidence from a range of organisations and individuals, and had produced a final report.

The report set out the findings of the commission, and their recommendations for making public services sustainable while meeting the needs of the borough in the future. The full report and recommendations were set out in the appendix to the report.

Councillor Bradley thanked all those people who had been involved in the Commission and noted that, although other organisations delivered services across a different footprint, they were all delivering services for Chorley residents.  The report didn’t give the answers, but evidenced that, in the main, partners supported the approach being taken by the Council. 

Decision: The report was noted.

Reasons for recommendation(s)

The Commission on the Future of Public Service in Chorley had made a series of recommendations based on the evidence that it gathered about the challenges facing public services in the borough. It was important that the council considered these recommendations in its work, and specifically in developing relationships with partners and its future governance models.

Alternative option(s) considered and rejected

None.

Report of Chief Executive. 

The report was noted.

The report of the Chief Executive was presented by the Deputy Executive Leader and Executive Member (Resources).  The monitoring report set out the performance against the delivery of the Corporate Strategy, and key performance indicators during the fourth quarter of 2014/15. 

The report provided an update on the performance of last year’s Corporate Strategy projects and the outcomes achieved.  All projects had been successfully completed or were rated green with highly positive outcomes that had been developed and taken forward in 2015/16.

Overall performance of 2014/15 key projects was excellent, with 94% of the projects on track or scheduled to start later in the year.  One project; Deliver the Chorley Youth Zone had been rated amber due to delays in the agreement of the design, operation and funding for the Chorley Youth Zone.  A report on the Youth Zone would be considered later on the agenda. 

Overall performance on the Corporate Strategy indicators and key service delivery measures was good.  75% of the Corporate Strategy indicators and 90% of the key service measures were performing above target or within the 5% tolerance.

The Corporate Strategy measures performing below target were; the median workplace earnings in the borough, the number of town centre visits, the number of long term empty properties in the borough, and the percentage of customers dissatisfied with the way they were treated by the Council.  The key service delivery measure performing below target was the time taken to process all new claims and change events for Housing and Council Tax benefit.  Action plans were included within the report outlining what actions were being taken to improve performance.

Decision: The report was noted.

Reasons for recommendation(s)

To facilitate the on-going analysis and management of the Council’s performance in delivering the Corporate Strategy.

Alternative option(s) considered and rejected

None.

Report of Chief Executive. 

1.         The full year outturn position for the 2014/15 revenue budget and capital investment programme was noted.

2.         Request Council approval for slippage requests and other transfers to reserves outlined in Appendix 2 of the report to finance expenditure on specific items or projects in 2015/16.

3.         Approval granted to the transfer of £176k net income from Market Walk in 2014/15, split 80:20 between the Change Management Reserve and Equalisation Reserve (to limit the future impact of any potential reduction in income).

4.         The impact of the final capital expenditure outturn and approve the re-phasing of capital budgets to 2015/16 was noted.

5.         Request Council approval of the financing of the 2014/15 Capital Programme to maximise the use of funding resources available to the Council.

6.         The 2014/15 outturn position on the Council's reserves was noted.

The report of the Chief Executive was presented by the Deputy Executive Leader and Executive Member (Resources).  The report presented the provisional revenue outturn figures for the Council as compared against the budgets and efficiency savings targets set for the financial year 2014/15. 

The report set out the provisional outturn figures for the 2014/15 Capital Programme and updated the Capital Programme for financial years 2015/16 to 2017/18 to take account of the rephasing of expenditure from 2014/15 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 in the 2014/15 budget the expected net income from Market Walk was £559k.  The final outturn position, after taking into consideration £102k reserved to fund feasibility costs of the proposed extension and £100k transferred to fund further Town Centre Investment, was £735k.  The proposed surplus of £176k would be transferred to reserves, allocated 80:20 between the change management reserve and the Market Walk income equalisation reserve.  This would bring Market Walk reserves to £200k by 31 March 2015.

Decision:

1.         The full year outturn position for the 2014/15 revenue budget and capital investment programme was noted.

2.         Request Council approval for slippage requests and other transfers to reserves outlined in Appendix 2 of the report to finance expenditure on specific items or projects in 2015/16.

3.         Approval granted to the transfer of £176k net income from Market Walk in 2014/15, split 80:20 between the Change Management Reserve and Equalisation Reserve (to limit the future impact of any potential reduction in income).

4.         The impact of the final capital expenditure outturn was noted and approval granted to the re-phasing of capital budgets to 2015/16.

5.         Request Council approval of the financing of the 2014/15 Capital Programme to maximise the use of funding resources available to the Council.

6.         The 2014/15 outturn position on the Council's reserves was noted.

Reasons for recommendation(s)

To ensure the Council’s budgetary targets are achieved.

Alternative option(s) considered and rejected

None.

Report of Director of Public Protection, Streetscene and Community.

Approval granted to provide a grant of £65,000 to Cuerden Valley Country Park towards their visitor centre.

The report of the Director of Public Protection, Streetscene and Community was presented by the Deputy Executive Leader and Executive Member (Resources).  The report was to consider providing £65,000 financial support to Cuerden Valley Country Park towards their new visitor centre.

The centre would help with viability and safeguard the park’s future.  The scheme addressed an action in the Play, Open Space and Playing Pitch Strategy to work with the Trust to address their sustainability.

It was intended that the building would be an environmentally friendly and sustainable in keeping with the Park’s ethos, surroundings and environmental objectives.  The building construction proposed involved eco-friendly methods and materials, consisting mainly of straw bales with a shingle roof, utilising timber from the park as part of the construction and with foundations incorporating recycled materials.

Members supported the grant and noted this would be a major improvement to a Chorley asset. 

Decision: Approval granted to provide a grant of £65,000 to Cuerden Valley Country Park towards their visitor centre.

Reasons for recommendation(s)

To support Cuerden Valley Country Park deliver a visitor centre, support their sustainability and safeguard the park.

Alternative option(s) considered and rejected

Not to provide any financial support. This would put added financial pressure on the Trust; something we are looking to alleviate.

Report of Customer and Advice Services. 

1.         Approval granted to consultation on the policies by other precepting authorities, interested parties and the wider community.

2.         Approval granted for the adoption of the policies under delegated powers by the Executive Member for Resources, following a successful consultation outcome.

3.         Delegated authority granted to the council’s Chief Financial Officer/Executive Member for Resources to approve changes to the policies where the changes are cost neutral

4.         Delegate authority granted to the council’s Chief Financial Officer to approve the granting of discretionary housing payments and council tax discretionary hardship relief where these would exceed the current budget.

5.         Delegate authority granted to the council’s Chief Financial Officer to approve bankruptcy and liquidation proceedings under the Debt Management Policy.

The report of the Director of Customer and Advice Services was presented by the Deputy Executive Leader and Executive Member (Resources).  The report sought approval for several revised and updated policies. 

The Executive Member advised that there were two additional recommendations and read these out to Members. 

As part of the implementation of the single front office, a review of policies within the service had been carried out to ensure that they were up-to-date and consistent with both the aims of the service and the council’s corporate priorities.

The report provided a summary of each of the policies, outlining the legislative background, the general principles within each policy and the funding arrangements where applicable.

The policies provided transparency for customers in terms of the council’s approach.  In addition staff would follow operational procedures and guidance on a day-to-day basis.

Decision:

1.         Approval granted to consultation on the policies by other precepting authorities, interested parties and the wider community.

2.         Approval granted for the adoption of the policies under delegated powers by the Executive Member for Resources, following a successful consultation outcome.

3.         Delegated authority granted to the council’s Chief Financial Officer/Executive Member for Resources to approve changes to the policies where the changes are cost neutral

4.         Delegated authority granted to the council’s Chief Financial Officer to approve the granting of discretionary housing payments and council tax discretionary hardship relief where these would exceed the current budget.

5.         Delegated authority granted to the council’s Chief Financial Officer to approve bankruptcy and liquidation proceedings under the Debt Management Policy.

Reasons for recommendation(s)

1.         The changes to the policies brought up-to-date a number of existing policies administered in Customer Services.

2.         The policies were in line with the most recent government legislation, guidance and good practice.

3.         The Discretionary Housing Payments Policy and the Council Tax Discretionary Hardship Policy provided a consistent and transparent approach to the consideration of applications for discretionary housing payments and hardship relief.

4.         The Sanction and Prosecution Policy now reflected the position of the council following the transfer of Housing Benefit fraud investigation to the DWP’s Single Fraud Investigation Service.

Alternative option(s) considered and rejected

None.

Report of Director of Public Protection, Streetscene and Community. 

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

The report of the Director of Public Protection, Streetscene and Community was presented by the Executive Member (Community Services).  The report provided the response to the Overview and Scrutiny Task Group Review of Neighbourhood Working undertaken in late 2014 and reported to Executive Cabinet in February 2015.

All the recommendations were accepted, apart from one (Recommendation 4) relating to the provision of a single point of contact on neighbourhood matters for parish councils and community groups.  

Councillor Murray 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 Neighbourhood Working 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 Neighbourhood Working.

Alternative option(s) considered and rejected

None. 

Report of Chief Executive.

The report was noted.

The report of the Chief Executive was presented by the Executive Member (Community Services).  The report gave an update on the performance of the commissioned VCFS providers during 2014/15.

In March 2014 Executive Cabinet had approved the providers for the contracts procured through the VCFS commissioning process.  It was agreed that all contracts would be 1 +1 +1; this would mean that the contract would be for 1 year with the option to extend on an annual basis for up to a further two years subject to contract review, with a maximum contract length of 3 years.

The report recognised the valuable work being undertaken within our communities by voluntary, community and faith groups.  Each of the organisations commissioned had expressed that they could see no risks to the future delivery of their service, and that their service was on track to achieve year two and three targets.  Following the successful contract reviews it was agreed that in line with the contract, the Agreement would be extended for a further term of one year (1 April 2015 – 31 March 2016).

Decision: The report was noted.

Reasons for recommendation(s)

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

Alternative option(s) considered and rejected

No alternative options considered.

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).

That press and public be excluded for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraphs 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

Decision: That press and public be excluded 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.

Report of Director of Public Protection, Streetscene and Community.

1.         Approval granted that the terms and conditions set out in the report was approved and the Head of Governance and Property Services authorised to negotiate and agree final terms and conditions with all relevant parties involved in the development and that such agreed terms shall be reported for approval by the Executive Member for Resources by way of an Executive Member Report. 

2.         Approval granted that the Director of Public Protection, Streetscene and Community, Jamie Carson, be the Council’s nominated trustee on Chorley Youth Zone Charitable Trust. 

The confidential report of the Chief Executive was presented by the Executive Leader and Executive Member (Economic Development and Partnerships).  The report briefed Members on the proposed terms and conditions for the development of the Chorley Youth Zone off Railway Street, Chorley and sought authority for the Executive Member for Resources to approve the final agreed terms and conditions by way of an Executive Member Decision. 

Decision:

1.         Approval granted that the terms and conditions set out in the report was approved and the Head of Governance and Property Services authorised to negotiate and agree final terms and conditions with all relevant parties involved in the development and that such agreed terms be reported for approval by the Executive Member for Resources by way of an Executive Member Report. 

2.         Approval granted that the Director of Public Protection, Streetscene and Community, Jamie Carson, be the Council’s nominated trustee on Chorley Youth Zone Charitable Trust. 

Reasons for recommendation(s)

To achieve delivery of the Council’s Corporate Strategy and provide a new Youth Zone facility in Chorley town centre.

Alternative option(s) considered and rejected

None. 

Report of Chief Executive. 

Approved granted that the terms are agreed and the Head of Governance and Property Services be authorised to complete the acquisition.

The confidential report of the Chief Executive was presented by the Deputy Executive Leader and Executive Member (Resources).  The report set out the terms agreed for the acquisition of the land and building comprising the Buckshaw Community Centre off Ordnance Road, Buckshaw Village, and sought authority to accept the terms as negotiated.

Decision: Approved granted that the terms be agreed and the Head of Governance and Property Services be authorised to complete the acquisition.

Reasons for recommendation(s)

To achieve delivery of the Corporate Strategy and provide a new community facility on Buckshaw Village. 

Alternative option(s) considered and rejected

None. 

Report of Director of Public Protection, Streetscene and Community. 

1.         The current progress of procuring a CCTV infrastructure upgrade including service and maintenance contract and agree the procurement process to date was noted.

2.         Approval granted to the evaluation process to be used in determining the successful contract bidder.

3.         Delegated authority granted to the Executive Member for Public Protection to award the contract to the winning bidder in accordance with the proposed selection criteria.

The confidential report of the Director of Public Protection, Streetscene and Community was presented by the Executive Member (Public Protection).  The report advised Members of the current procurement exercise for a contractor to deliver the CCTV infrastructure upgrade and repair/maintenance services which Executive Cabinet had approved in October 2014 for delivery in 2015/16. 

Decision:

1.         The current progress of procuring a CCTV infrastructure upgrade including service and maintenance contract and the procurement process to date was noted.

2.         Approval granted to the evaluation process to be used in determining the successful contract bidder.

3.         Delegated authority granted to the Executive Member for Public Protection to award the contract to the winning bidder in accordance with the proposed selection criteria.

Reasons for recommendation(s)

To keep Executive Cabinet update of progress in the procurement of a suitable contractor to deliver the required upgrade and repair/maintenance services for the Councils CCTV system

Alternative option(s) considered and rejected

None. 

Report of Director of Public Protection, Streetscene and Community. 

1.         Approval granted to continue the funding support for PCSO deployment in Chorley at current levels with an annual review to commence as part of the budget setting process for financial year 2016/17.

2.         The planned reduction in PCSO numbers and the Constabulary’s use of an element of the PCSO resource to be directed to early intervention and prevention case work was noted. 

3.         Approval granted to task senior Council Officers to continue discussions with Lancashire Constabulary to implement any reduction in PCSO resource in consultation with the Council and at a pace that minimises its impact.

The confidential report of the Director of Public Protection, Streetscene and Community was presented by the Executive Member (Public Protection).  The report updated Members on changes being made by Lancashire Constabulary to the number and deployment of Police Community Support Officers (PCSO’s) in the Chorley Council area.

Decision:

1.         Approval granted to continue the funding support for PCSO deployment in Chorley at current levels with an annual review to commence as part of the budget setting process for financial year 2016/17.

2.         The planned reduction in PCSO numbers and the Constabulary’s use of an element of the PCSO resource to be directed to early intervention and prevention case work was noted. 

3.         Approval granted to task senior Council Officers to continue discussions with Lancashire Constabulary to implement any reduction in PCSO resource in consultation with the Council and at a pace that minimises its impact.

Reasons for recommendation(s)

To ensure that a significant PCSO resource over and above minimum risk and threat level is retained in Chorley.

Alternative option(s) considered and rejected

The Council could decide to withdraw all funding for PCSO’s or scale it back. It would be prudent to understand fully the pace of the intended Constabulary reductions and assess its impact on our neighbourhood and community safety work before this was considered further