Council 011106

Municipal Buildings

Earle Street

Crewe

To: The Worshipful the Mayor and Members of the Crewe and Nantwich

Borough Council

You are invited to attend a meeting of the Borough Council to be held on Wednesday, 1^st November 2006 in the Council Chamber, Municipal Buildings, Earle Street, Crewe commencing at 2.00pm for the transaction of the business set out overleaf.

Note: Group meetings have been booked as follows:

Conservative: West Committee Room - 6.00 pm

Labour: East Committee Room - 6.00 pm

Nantwich Independent Group: Interview Room 1 - 6.00 pm

Independent: Executive Office Suite - 6.00 pm

Chris Henshall

Deputy Monitoring Officer

Despatch date:

24^th October 2006

MEMBERS OF THE PRESS AND PUBLIC ARE WELCOME TO

ATTEND THIS MEETING

BOROUGH OF CREWE AND NANTWICH

COUNCIL MEETING

1^ST NOVEMBER 2006

1. APOLOGIES FOR ABSENCE

2. EXCLUSION OF PRESS AND PUBLIC

The report relating to item 3 on the agenda has been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matter may be determined with the press and public excluded.

Council is asked to RESOLVE

That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A (as amended) of the Act.

(Paragraph 1: Information relating to any individual
Paragraph 2: Information which is likely to reveal the identity of an individual.)

(Note: At this point in the proceedings the Council will be invited to sit as a Committee of the Full Council.)

3. APPOINTMENT OF CHIEF EXECUTIVE

At the meeting of Council held on 20^th September 2006, a Working Group of Members was established to consider the job profile documentation and person specification for the new Chief Executive role and to agree the selection process prior to the final appointment of the new Chief Executive at Council on 1^st November 2006.

The Working Group has met on several occasions; its report will follow under separate cover. (to follow)

The Committee of Full Council is invited to recommend the appointment of a Chief Executive.

4. RE-ADMITTANCE OF PRESS AND PUBLIC

The Committee of Full Council is invited to resolve that the press and public be re-admitted to the meeting.

(Note: At this point in the meeting, Full Council will reconvene.)

5. ADJOURNMENT

At the conclusion of this part of the agenda, there will be an adjournment for refreshments before proceeding with the remainder of the items of formal Borough Council business.

6. MINUTES

To approve as a correct record the Minutes of the Council Meeting held on 20^th September 2006. (6) Guide Time 10 minutes

7. PUBLIC QUESTION TIME

To consider questions and petitions received in accordance with the Question Time Procedure [Procedure Rule No. 31(2)] and to consider any supplementary questions.

No questions have been submitted on this occasion; a petition has been received from Mr F Hough in respect of Crewe Swimming Pool and this has been accepted by the Council Convenor, Councillor Byron Evans.

A copy of the petition is available for inspection by Councillors in the Members' Room and has also been issued by e-mail.

8. MAYOR'S COMMUNICATIONS AND CIVIC ACTIVITIES

To receive the Mayor's Communications and a resumé of Civic life in the Borough since the last Council meeting. (8)

(Note: At this point in the proceedings the Council will be invited to sit as a Committee of the Full Council.)

9. DECLARATIONS OF INTEREST

Members to declare any personal or prejudicial interests which they have in any item of business on the agenda, the nature of the interest, and, if necessary, to leave the meeting prior to discussion of that item.

Members who also serve as County, Town or Parish Councillors are reminded of the need to make declarations in respect of any item which directly concerns the business of the appropriate authority.

Declarations are a personal matter for each Member to decide. Whilst Officers will advise on the Code of Conduct and its interpretation, the decision to declare, or not, is the responsibility of the Member, based on the particular circumstances.

10. CONSIDERATION OF ANY PERFORMANCE AND OVERVIEW

COMMITTEE REPORTS AND RECOMMENDATIONS

To consider any recommendations or reports from Performance and Overview Committees.

MATTERS REQUIRING A DECISION BY COUNCIL

11. Independent Group Committee Placement - Development Control Committee

Councillor A Fawcett wishes to relinquish his place on the Development Control Committee. The Independent Group has requested that Councillor P K Butterill replace Councillor Fawcett, with immediate effect.

12. Standards Committee Appointment of Third Independent Member

On 17^th May 2006, Annual Council approved an increase in the number of Independent Members on the Standards Committee from two to three.

The Standards Committee interviewed candidates for the third Independent Member place on 23^rd October 2006 and recommends the appointment of Roger Pomlett.

Council is asked to approve the Committee's recommendation.

13. Amendments to the Council's Constitution (Paragraph 14)

At its meeting on 25^th September 2006, the Modernising Agenda Working Group (MAWG) considered the Call-In Procedure in respect of Board Decisions.

The Call-In Procedure is set down in Paragraph 14 of the Performance and Overview Procedure Rules (Pages 150-151 of the Council's Constitution) and requires that, following the call-in of a Board Decision, the appropriate Performance and Overview Committee must meet within six days (excluding non-working days) of the call-in.

This system operated satisfactorily until the introduction of the Local Authorities (Access to Meetings and Documents) (Period of Notice) (England) Order 2002) which came into force on 1^st October 2002. The Order extended public notice for meetings from 3-days to 5-days. The consequence of this is that to comply with public notice requirements, the agenda (following a call-in) must be issued on the date of the call-in. Members have previously expressed concern that these requirements are too onerous and should be relaxed.

The Modernising Agenda Working Group recommends that the period between the call-in and the meeting of the appropriate Committee should be extended to 10-working days. Council is asked to approve this revision to the Council's Constitution, with immediate effect.

14. Planning Application P06/0928 : Erection of Storage Barn,Farrier's Shed and Store, American Barn, Indoor Riding Arena,Outdoor Arena, Storage adjacent to Existing Stables, Relocation of Horse Walker and Demolition of Stables, Haybarn and Store:Home Farm, Reaseheath College, Worleston for Reaseheath College

At its meeting on 19^th October 2006, the Development Control Committee considered application P06/0928 for Reaseheath College, and recommended that it be referred to Council for determination.

The Committee recommends that it be approved, as a departure from Policy BE.7 which seeks to protect the setting of conservation areas, subject to the conditions detailed in the report. (14)

15. Designated Public Places Orders (Alcohol Exclusion Zones)

At its meeting on 19^th October 2006, the Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities.

The Government introduced legislation in 2001 to enable local authorities to restrict the drinking of alcohol in designated public places. The Crewe and Nantwich Safer Communities Partnership had received a request from the Police to consider the designation of various public places for the purposes of confiscating alcohol and discouraging drinking in public open spaces.

The report of the Portfolio Holder explained the legal position in respect of Designation Orders and proposed a process for the identification and assessment of areas which are considered suitable for such Orders. The Board approved the proposals contained in the report and recommends to Council

That the power to make Designated Public Places Orders under the Criminal Justice and Police Act 2001 be delegated to the Licensing and Regulatory Committee, based on the procedural framework contained in the report for the process of identifying areas and providing the evidential basis for Orders.

A copy of the Portfolio Holder's report is attached. (15)

16. SOUTH-EAST QUADRANT OF CREWE STEERING GROUP - NAMING

At its meeting on 9^th October 2006, the South-East Quadrant of Crewe Steering Group supported a proposal to adopt the name "University Quadrant" as the name/brand for the area.

To reflect the change, and at the request of Members of the Steering Group, Council is asked to resolve

That the name of the "South-East Quadrant of Crewe Steering Group" be amended to "University Quadrant of Crewe Steering Group".

Guide Time 45 minutes

17. BOARD REPORT AND QUESTIONS TO THE BOARD AND COMMITTEE CHAIRS

To receive the Board's report. (17)

(Note: At this point in the meeting, Full Council will reconvene)

Councillors may ask questions of the Board or Committee Chairs in accordance with Procedure Rule No. 9. Members are reminded that questions should only be raised on matters which are being discussed by the Board or Committee.