Agenda, decisions and minutes

Decision: The minutes of the meeting of the Executive Cabinet held on 27 August 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. 

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.

Report of the Director of Public Protection, Streetscene and Community.

1.         Approval granted to the use of £55,000.00 to support the Wymott Bowling Club, the funds to be used to purchase the Wymott Bowling Club site and the remainder to be used as a grant to support improvement works.

2.         Approval granted that Chorley Council enter into negotiation with HMP for the purchase of the Wymott Bowling Club site for a price of up to £50,000.00. 

3.         Approval granted for delegated authority to the Executive Member Community Services to agree to the purchase of the Bowling Club site for the price of up to £50,000.00 on terms to be agreed and recommended by the Head of Governance and Property.

4.         Approval granted to a lease to the Wymott Bowling Club of the site for a period of 25 years, at a rent to be agreed and that there be delegated authority to the Head of Governance and Property to agree those terms and sign the lease.

The Chair advised that this item would be considered first on the agenda as there were members of the public in attendance. 

The report of the Director of Public Protection, Streetscene and Community was presented by the Executive Member (Community Services), Councillor Bev Murray.  The report sought approval for a proposal to purchase the site of the Wymott Bowling Club from Her Majesties Prison Service and to lease the site to the Bowling Club.

The Bowling Club had successfully applied to have the site listed as a community asset.  The application was approved on the basis it was a valuable community resource in that area, providing not only club facilities for members, but also a focal point for the local area.  The facility was used by residents who simply come to watch the bowls and use the tea and coffee facilities and there was no similar provision in this area.

Members noted that the Council would charge rent for the use of the site, but this was yet to be agreed.  The project supported the Council’s preferred delivery model of local community assets being administered by community groups.

Decision:

1.  Approval granted to the use of £55,000.00 to support the Wymott Bowling Club, the funds to be used to purchase the Wymott Bowling Club site and the remainder to be used as a grant to support improvement works.

2.  Approval granted that Chorley Council enter into negotiation with HMP for the purchase of the Wymott Bowling Club site for a price of up to £50,000.00. 

3.  Approval granted for delegated authority to the Executive Member Community Services to agree to the purchase of the Bowling Club site for the price of up to £50,000.00 on terms to be agreed and recommended by the Head of Governance and Property.

4.  Approval granted to a lease to the Wymott Bowling Club of the site for a period of 25 years, at a rent to be agreed and that there be delegated authority to the Head of Governance and Property to agree those terms and sign the lease.

Reasons for recommendation(s)

1.         This proposal supports three of the Council’s corporate priorities and retains a community asset in a location where there are no other similar facilities.

2.         It supports the Council’s preferred delivery model of local community assets being administered by community groups.

Alternative option(s) considered and rejected

Not pursuing this proposal will lose a valuable community asset in an area that is not served by any alternatives. Further, this will be another bowling club lost to the Borough which may have an impact on other clubs who participate in the league competition.

Report of the Director of Public Protection, Streetscene and Community.

Approval granted to accept the report and the Executive Member for Community Services approval for budget spend as outlined in the report be noted. 

The report of the Director of Public Protection, Streetscene and Community was presented by the Executive Member (Community Services), Councillor Bev Murray.  The report updated members on the delivery of the 24 neighbourhood preferred projects and the associated budget.  Overall six projects had been completed and a total spend of £24,500 had been approved.  Of the 24 preferred projects there were four still to commence and 14 were making progress.

Decision: Approval granted to accept the report and the Executive Member for Community Services approval for budget spend as outlined in the report be noted.

Reasons for recommendation(s)

To ensure Executive Cabinet are updated with the delivery of the Councils neighbourhood preferred projects.

Alternative option(s) considered and rejected

None.

Report of the Director of Public Protection, Streetscene and Community.

Approval granted to incorporate the changes to the Council’s open space byelaws as detailed in the report.

The report of the Director of Public Protection, Streetscene and Community was presented by the Executive Member (Public Protection), Councillor Paul Walmsley.  The report sought approval to update the Council’s open space byelaws following the consultation to seek views regarding any changes.

The byelaws relating to use of Council owned open spaces had not been reviewed since 2004.  In October 2014 Executive Cabinet granted approval to review the open space byelaws and to undertake consultation to seek views regarding any changes.  29 consultation responses had been received.  The report set out the areas proposed to be changed, updated or removed by respondents together with the Council’s response.

Members discussed the definition of designated areas, the use of drones and the potential for a future review of skateboard provision. 

Decision: Approval granted to incorporate the changes to the Council’s open space byelaws as detailed in the report, with an additional provision to include sedgeways and other such devices.

Reasons for recommendation(s)

It is over 10 years since the byelaws were reviewed and given the changes in open space during this period it is now appropriate to update them.

Alternative option(s) considered and rejected

Not to update the open space byelaws.

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).

To exclude the press and public for the following items of business on the ground that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

Decision: To exclude the press and public for the following items of business on the ground that it involved 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.

Approval granted to join the proposed Lancashire Business Rates Pool Agreement for the 2016/17 financial year; should a due diligence review evidence it has the potential to be financially beneficial to the Council.

The confidential report of the Chief Executive was presented by the Executive Member (Resources), Councillor Peter Wilson.  The report presented the option to join a Lancashire Business Rates Retention (BRR) pooling arrangement for the 2016/17 financial year.  The report also provided an indication of the potential benefits and risks to be considered.

Members noted that the Council could withdraw from this agreement if it wished and noted that other Councils might not join the agreement. 

Decision: Approval granted to join the proposed Lancashire Business Rates Pool Agreement for the 2016/17 financial year; should a due diligence review evidence it had the potential to be financially beneficial to the Council.

Reasons for recommendation(s)

To enable the Council to receive the maximum financial benefit from the BRR core funding regime in 2016/17.

Alternative option(s) considered and rejected

Not to enter into the agreement. It is recommended that the Council enters into the Lancashire Pooling Agreement as current forecasts indicate the Council is unlikely to enter into a Safety Net position within the 2016/17 financial year.

Report of the Director of Public Protection, Streetscene and Community.

1.         Approval granted that the waste collection contract to cease on 31 March 2019 as provided for in the existing contract, and the contract savings to Veolia is repaid.

2.         Approval granted for work to commence on determining how waste should be collected after March 2019 to include the findings of the County wide waste review, and how to ensure procurement of this service offers the Council best value for money.

The report of the Director of Public Protection, Streetscene and Community was presented by the Executive Member (Streetscene Services), Councillor Adrian Lowe. 

The market was competitive which meant the council would achieve better value for money.

Decision:

1.   Approval granted that the waste collection contract cease on 31 March 2019 as provided for in the existing contract, and the contract savings to Veolia was repaid.

2.   Approval granted for work to commence on determining how waste should be collected after March 2019 to include the findings of the County wide waste review, and how to ensure procurement of this service offered the Council best value for money.

Reasons for recommendation(s)

By going out to the market for 2019 the Council is likely to achieve better value for money for what is its largest contract.

Alternative option(s) considered and rejected

To extend the contract and go to the market in 2021.