Despatch date:     7^th June 2006  

Enquiries to:         Diane Moulson                   Tel: 01270 537026

                                                                     Fax: 01270 537605

                            Email: agendas@crewe-nantwich.gov.uk        

 

Chair:                  Cllr S Roberts                    Tel/Fax: 01270 589996

                          Email:cllr.steven.roberts@crewe-nantwich.gov.uk                                                                               

                                

To:    Members of the Performance and Overview Committee Local Economy & Environment (Cllrs Bebbington, Butterill, Cartlidge, Crawford, Hallett, Hollins, Johnson, Moran, Mottram, S Roberts, Stafford, Wood)      

Chief Executive, Executive Directors, Assistant Chief Executives

Other Members of the Borough Council (front sheets only) 

Local Press and Radio

 

MEMBERS OF THE PRESS AND PUBLIC ARE WELCOME TO ATTEND THIS MEETING
 

 

The Performance and Overview (Local Economy and Environment) Committee consists of 12 elected Members and Councillor Steven Roberts is the Chair.  There are 5 Conservative, 4 Labour, 1 Liberal Democrat, 1 Nantwich Independent and 1 Independent Member.
 

The Borough Council welcomes and encourages members of the public to attend its Committee, Board and Council meetings.

 

If you plan to attend, please report to the Reception Desk in the Municipal Buildings, where you will be provided with a Visitor's Pass.

 

Car parking is not available at the Municipal Buildings, but there are several town centre car parks.  There is a disabled access to the rear of the Municipal Buildings, and this can be accessed through the side door on Vernon Way.  Please press the button for attention, and someone will meet you and escort you through to the main reception area.

 

You are asked to remain quiet whilst the meeting is taking place, and to enter and leave the meeting room, or public gallery of the Council Chamber, as quietly as possible.  Please ensure that if you have a mobile phone or pager, it is switched off for the duration of the meeting.

 

You are not allowed to have drinks or food in the meeting rooms, nor in the Public Gallery.  A "No Smoking" policy operates in the Municipal Buildings.

 

 

If the fire alarm rings, you should make your way to the nearest exit with your belongings, as quickly as possible, and leave the building.  Please follow any instructions from staff about evacuation routes.

On occasions, members of the press and public will be excluded from the meetings when the business to be transacted is of a confidential nature, for example, dealing with individual people, contracts and financial affairs of other parties.

 

If you require any further information, please contact Diane Moulson the Committee Officer (details on front page).

 

1.          Declaration of Interests

 

Any Member present (including non-Committee Members) to declare any personal or prejudicial interests and the nature of that interest, in any item of business on the agenda and, if necessary, to leave the meeting during discussion on 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.    

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2.         Whipping Declarations

 

            Members to declare in respect of items where the whip has been applied. 

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3.         Notice of Call-In

 

3.1       Under the Council's Constitution, any decision of the Board or Portfolio Holder may be called-in by a Performance and Overview Committee no later than 3 working days after publication of the decision.

 

3.2        In accordance with Paragraph 14 of the Performance and Overview Procedure Rules, a notice has been received by four elected Members of P&O Local Economy and Environment, who consider that Decision No.3 (Municipal Square, Crewe Suspension of Certain Works) should be reviewed.

 

3.3       The reason for the call in is that the issue is of particularly high local significance and public interest.       

 

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4.1       T o enable the Committee to review the decision, the following papers are attached

 

Ø      The report considered by the Board at its meeting on 5^th June 2006 (A)    

Ø      A copy of Board Decision No. 3 (B);

Ø      A copy of pages 106-107 of the Council's Procedure Rules (Paragraph 11) [C], together with a copy of the Performance and Overview Committee Procedure Rules pages 150-151 (Paragraph 14) from the Council's Constitution (D). 

 

 

(a)       The decision, having been called in by 4 Members, does the full Committee wish to consider the matter further?

 

(b)       If the answer to the above is "no", then the decision must be accepted.

 

(c)       If the answer is "yes", move to Stage 2.

 

 

(a)       The Committee is invited to consider the decision and whether there should be a reference back to the Board or to Council? 

 

            The Committee's discussion should focus on the reasons for reference back, which are contained in the Procedure Rules

 

            Reasons for referral (Paragraph 14.1 (a) of the Procedure Rules)

 

            The reasons for either the Board or Council to reconsider shall fall into one or more of the following categories

 

            (i)         Ultra Vires (ie outside the legal powers of the Council)

            (ii)        Outside Council policy

            (iii)       Outside budget fixed by Council

            (iv)       Relevant to an area of policy or practice currently being examined by a Performance and Overview Committee

            (v)        Of particularly high local significance or of public interest

 

            If the reason for referral does not fall into one or more of the above categories, there can be no referral.

 

            Referral Direct to Council (Paragraph 14.1 (c) of the Procedure Rules)

 

            The Committee should note that a Decision can only be referred direct to Council for reconsideration if it resolves both that the decision is of particularly high local significance or of public interest and that Council, not the Board, is the appropriate forum for further consideration or review.

 

(b)       Having discussed the issue, the Committee is invited to -

 

-                     accept the decision; OR

-                     request that the decision be reconsidered and give reasons for that reconsideration, which must fall within one of the categories set out in clause 14.1 (a) (ii) of the Procedure Rules.

NOTE: