Agenda, decisions and draft minutes

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.

Approved.

Resolved: that the minutes of the Executive Cabinet meeting held 10 October 2024 be confirmed as a correct record for signing by the Executive Leader.

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 public questions.

To receive and consider the report of the Director of Finance.

1.    To note the 2024/25 forecast outturn for revenue and reserves, based on the position at 30th September 2024.

2.    To note the virements made to and from the revenue budget during the period, as detailed in Appendix 2 of the report.

Councillor Peter Wilson, Executive Member for Resources, presented the report of the Director of Finance which set out the provisional outturn for revenue and reserves forecast for 2024/25 for the Council, based on the position as at 30 September 2024.

In Summary, the provisional outturn was for an overspend of £209k. The most significant factor within this overspend was related to the ongoing income pressures at Market Walk which would be monitored throughout the year.

The Council’s Medium-Term Financial Strategy approved in February 2024, reported that the minimum level of General Fund Reserves should be maintained at £4.0m to cushion against any potential, future financial risks that may face the Council. Based on the above forecast outturn overspend, the level of General Fund balances as at 31 March 2025 was expected to be £3.883m, however Officers would monitor the position during the year and report to Members accordingly.

Resolved (unanimously)

1. To note the 2024/25 forecast outturn for revenue and reserves, based on the position at 30th September 2024.
2. To note the virements made to and from the revenue budget during the period, as detailed in Appendix 2 of the report.

Reasons for recommendation

To ensure the Council’s budgetary targets are achieved.

Other options considered and rejected

None, it is a requirement to report quarterly on the Revenue Budget monitoring and Reserves.

To receive and consider the report of the Director of Finance.

1.    To approve the revised Capital Programme, as attached at Appendix A, which includes approved amendments to the programme of £0.754m as detailed at point 12 of this report.

2.    To consider the variations to the programme (which are detailed by scheme at Appendix B and referenced within the body of the report).

3.    To note the position in the Balance Sheet Monitoring section of the report, in respect of cash, investment and loan balances, and debtors as at 30th September 2024.

Councillor Peter Wilson, Executive Member for Resources, presented the report of the Director of Finance which outlined the financial position of the Council in respect of the Capital Programme as at 30 September 2024. The report highlighted key issues and explained the key variances, as well as providing an overview on various elements of the Council’s Balance Sheet as at 30 September.

The Capital Programme for 2024/25 was set at £19.448m in February 2024. This was decreased to £15.253m following approval of the 2024/25 outturn position, and then increased to £16.152m following Executive Cabinet approval in October 2024. Following the changes detailed in the report, Members noted that the total programme for 2024/25 was £13.3443m.

Members noted the breakdown of the net decrease in the programme of £2.809m. Budget variations approved since the last Capital Monitoring report resulted in a total increase of £0.754m in the programme. These were in relation to the Refugee Resettlement Programme and Astley Hall but were countered by Asset Improvements and Levelling up.

Resolved (unanimously)

1. To approve the revised Capital Programme, as attached at Appendix A, which includes approved amendments to the programme of £0.754m as detailed at point 12 of this report.
2. To consider the variations to the programme (which are detailed by scheme at Appendix B and referenced within the body of the report).
3. To note the position in the Balance Sheet Monitoring section of the report, in respect of cash, investment and loan balances, and debtors as at 30th September 2024.

Reasons for recommendations

To ensure the Council’s Capital Programme is monitored effectively.

Other options considered and rejected

None, as it is good practice to report regularly on the Capital Programme and the monitoring of the Balance Sheet.

To receive and consider the report of the Director of Change and Delivery.

To note the report.

Councillor Peter Wilson, Executive Member for Resources, presented the report of the Director of Change and Delivery which set out the performance against the delivery of the Corporate Strategy during the second quarter of 2024/25, covering 1 July to 30 September.

Members noted that overall performance of the Corporate Strategy projects was very good, with three projects (15%) complete and 14 projects (74%) rated green, meaning they were progressing according to schedule. Two projects (11%) had been rated amber which provided an early warning sign of potential delays, and actions plans for these projects were detailed in the report.

Performance of the Corporate Strategy indicators and key service delivery measures continued to be closely monitored, with 92% of Corporate Strategy measures and 100% of key service delivery measures performing on or above target or within the 5% threshold.

Resolved (unanimously)

To note the report.

Reasons for recommendations

To ensure the effective performance monitoring of the Corporate Strategy and safeguard its delivery across 2024/25.

Other options considered and rejected

No other options have been considered or rejected. This is because the report does not present any items for decision.

To receive and consider the report of the Director of Change and Delivery.

To approve the External Funding Strategy.

Councillor Peter Wilson, Executive Member for Resources, presented the report of the Director of Change and Delivery which presented the External Funding Strategy for approval.

Members noted the shared External Funding Strategy which would support officers in levering additional revenue into the council to help deliver priorities, by setting out a consistent approach to planning and approval of external fundings applications.

The strategy would support a two-pronged approach where the council would identify priorities and projects alongside any external funding opportunities available that would support these priorities. The strategy aimed to provide a framework for good governance and would support the priorities set by each Council.

Resolved (unanimously)

To approve the External Funding Strategy.

Reasons for recommendations

The External Funding Strategy will ensure there is a consistent process for applying for external grants and funding. The strategy will help the Council to have better oversight of the application process, monitoring and delivery.

Other options considered and rejected

The alternative option would be not to adopt an External Funding Strategy. This has been rejected as it is a management action from the Annual Governance Statement.

To receive and consider the report of the Director of Planning and Property.

To approve the inclusion of a S106 monitoring fee in the upcoming annual review of Fees and Charges Schedule.

Councillor Alistair Morwood, Executive Member for Planning and Development, presented the report of the Director of Planning and Property for Members to consider the addition of a monitoring fee for Section 106 planning obligations agreements into the Council’s upcoming Fees and Charges schedule.

Members were aware that Section 106 agreements were commonly signed with developers to deliver funds and activity to make development acceptable. Many local planning authorities charged a fee to cover the cost of the monitoring and reporting on delivery of S106 obligations, but Chorley Council did not.

Given the amount of staff time required, it was proposed that monitoring fees be added to new S106 agreements associated with planning applications in Chorley. Monitoring fees would not be sought retrospectively for historic agreements.

The fees, as set out in the report, were considered proportionate, in line with other Lancashire authorities and would contribute to the Council’s reasonable costs of monitoring each obligation.

Resolved (unanimously)

To approve the inclusion of a S106 monitoring fee in the upcoming annual review of Fees and Charges Schedule.

Reasons for recommendations

The regulations allow us to charge for the monitoring of Section 106 agreements and payments. The income will assist with the Council’s statutory obligations on monitoring and reporting.

Other options considered and rejected

The Council currently does not charge. There is an option to charge which is therefore the only alternative option.

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 public and press.

Resolved: that the press and public be excluded from the meeting for the following item of business on the grounds that it involves the disclosure of exempt information as defined by paragraph 3 of Part 1 of schedule 12A to the Local Government Act 1972.

To receive and consider the report of the Director of Planning and Property.

1.    To approve the method of disposing the land at Shady Lane for housing development via an informal tender process.

2.    To note a further cabinet report will be presented to recommend a preferred bidder for the site disposal

Councillor Alistair Bradley, Executive Leader and Executive Member for Economic Development and Public Service Reform, presented the confidential report of the Director of Planning and Property which sought approval of the disposal strategy for land at Shady Lane for housing development via an informal tender process.

Resolved (unanimously)

1. To approve the method of disposing the land at Shady Lane for housing development via an informal tender process.
2. To note a further cabinet report will be presented to recommend a preferred bidder for the site disposal.

Reasons for recommendations

1. Capital receipt: Generates a capital receipt disposing of a surplus asset. Reduction in
2. Borrowing: capital receipt to be used to service existing council borrowing improving the council’s revenue position.
3. Planning Policy: Disposing of the land for residential development supports the council in meeting housing supply targets.

Other options considered and rejected

Do Nothing: This was discounted due to the significant opportunity presented to the council to dispose of a surplus asset generating a significant capital receipt and delivering housing within the borough.

To receive and consider the report of the Director of Planning and Property.

1.    To award the contract to Inleaf which are a local company in Chorley. The cost of the work including an annual maintenance fee is £97,260 following the procurement that has taken place.  

2.    To approve the provisional sum of £17,582.98 for the returned elevation of the green wall (section LW5) following the procurement that has taken place.

3.    To delegate the contract award for the external cladding element of the Bus Station project to the Executive Member for Economic Development and Public Service Reform on the proviso that it is within the agreed budget. (Reason- to spend UKSPF money in line with funding timescales).

Councillor Alistair Bradley, Executive Leader and Executive Member for Economic Development and Public Service Reform, presented the confidential report of the Director of Planning and Property which, following the approval of the procurement strategy to undertake the Chorley Bus Station improvements, sought approval to award the contracts for the living wall and external cladding at the bus station.

Resolved (unanimously)

1. To award the contract to Inleaf which are a local company in Chorley. The cost of the work including an annual maintenance fee is £97,260 following the procurement that has taken place. 
2. To approve the provisional sum of £17,582.98 for the returned elevation of the green wall (section LW5) following the procurement that has taken place.
3. To delegate the contract award for the external cladding element of the Bus Station project to the Executive Member for Economic Development and Public Service Reform on the proviso that it is within the agreed budget. (Reason- to spend UKSPF money in line with funding timescales).

Reasons for recommendations

1. To continue with the improvements to Chorley Bus Station
2. The proposals and funding have already been approved at Cabinet on 22nd February 2024. The Procurement strategy was approved via EMD on 20th August 2024. Following a compliant procurement process, the contract awards now need to be approved for the project to proceed.

Other options considered and rejected

No other options considered.