Annual Council 160507

BOROUGH OF CREWE AND NANTWICH

ANNUAL COUNCIL MEETING

16^TH MAY 2007

DETAILED PROGRAMME AND AGENDA

1 At 2.30pm the Members of the Borough Council, together with the Mayoress, Mrs Sheila Curran, Mayoress-elect, Mrs Ann Jones, the Deputy Mayor-elect, Councillor Margaret Martin, the Deputy Consort, Mr Bill Martin, the Mayor-elect’s Chaplain, Reverend Geoffrey Willetts and Mrs Sally Ancell will take their seats.

The Worshipful the Mayor, Councillor Howard Curran, preceded by the Mayor’s Officer and accompanied by the Chief Executive, Mr Paul Ancell, and the Mayor’s Chaplain, Reverend Ralph Powell will then enter the Council Chamber.

At the summons of the Mayor’s Officer, all present in the Council Chamber will stand and remain standing until the Mayor is seated.

Prayers

2 The Mayor will invite the Mayor’s Chaplain to say prayers.

Election of Mayor

3 To elect a Member of the Borough Council to the office of Mayor of the Borough of Crewe and Nantwich to hold office, pursuant to Sections 3 and 4 of the Local Government Act 1972, until the next Annual Meeting of the Council.

It is to be proposed by Councillor Steven Roberts and seconded by Councillor Roy Cartlidge that Councillor Maurice Jones be elected.

At the conclusion of the election, the Proposer and Seconder will leave the Council Chamber, together with the Chief Executive and will return escorting the new Mayor.

When the newly-elected Mayor enters the Council Chamber, at the summons of the Mayor’s Officer, all present will stand and remain standing until the retiring Mayor has formally greeted his successor.

All present will then resume their seats for the ceremony of installing the new Mayor.

Following the installation, the retiring Mayor will take a seat with the civic guests.

The Mayor will make a formal declaration of acceptance of office before the Chief Executive and the assembled Council and then respond to his election.

The Mayor will indicate that his wife, Mrs Ann Jones, will act as his Mayoress.

Appointment of Deputy Mayor

4 To appoint a Member of the Borough Council to the office of Deputy Mayor of the Borough of Crewe and Nantwich to hold office pursuant to Section 5 of the Local Government Act 1972, until the next Annual Meeting of the Council.

The Mayor will nominate Councillor Margaret Martin to be Deputy Mayor for 2007/2008 and upon formally being seconded, the nomination will be put to the vote.

The newly appointed Deputy Mayor will come forward to the dais to be invested by the Mayor with the Medallion of Office.

The Deputy Mayor will also make a formal declaration of acceptance of office and respond to her election before taking her seat on the dais.

The newly-elected Deputy Mayor will formally indicate to Council that her husband, Mr Bill Martin will act as her Deputy Consort.

Appointment of Mayor’s Chaplain

5 The Mayor will signify to the Borough Council the appointment of Reverend Geoffrey Willetts.

Mayor’s Communications

6 To read the Mayor’s communications and to take such action thereon as may be considered necessary.

To be read by the Chief Executive.

Vote of Thanks to the Retiring Mayor and Mayoress and Deputy Mayor and Deputy Mayoress

7 The vote of thanks will be proposed by Councillor Steve Hogben and seconded by Councillor Jayne Wright.

The retiring Mayor will respond.

The Mayor will present the retiring Mayor with a “Past Mayor” Medallion and the retiring Mayoress with a “Past Mayoress” Medallion.

Adjournment

8 At the conclusion of the Mayor-Making Ceremony there will be an adjournment for refreshments before proceeding with the remainder of the items of formal Borough Council business.

Apologies

9 Apologies for absence.

Minutes

10 To approve the Minutes of the Council meeting held on 18^th April 2007 as a correct record of the proceedings of such meeting, the same also to be signed by the Mayor. (10)

Declarations of Interest

11 Members to declare any personal or prejudicial interests which they have in any item of business on the agenda 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.

Appointment of the Executive

12 To appoint Members of the Executive (hereafter referred to as the Board).

Election of Leader and Deputy Leader of the Council

13 To elect a Leader and Deputy Leader of the Council from amongst the Board membership (who will also be the Leader and Deputy Leader of the Board).

Board Portfolios

14 To determine the Board portfolios and their allocation.

Election of Council Convenor and Deputy Council Convenor

15 To elect a Council Convenor and a Deputy Council Convenor to act in accordance with paragraph 5.04 of Article 5 of the Council’s Constitution.

Appointment of Standards Committee Chair

16 To appoint a Chair of the Standards Committee. The Chair shall be appointed by not less than two-thirds of the Council Members present and voting for him/her.

Appointment of Committees

17 To appoint the Development Control, Licensing and Regulatory, and Standards Committees of the Borough Council in accordance with Articles 8 and 9 of the Council’s Constitution comprising the number of Members specified for each Committee and in accordance with the nominations of the respective political groups further to Section 15 of the Local Government Act 1989, such committees having powers and duties described in Part 3 of the Council’s Constitution.

In appointing such Committees, each political group shall appoint a named substitute. In the event of a casual vacancy occurring, but in no other circumstances, the former Member will be immediately and automatically succeeded on his/her Committee by the named substitute.

Special arrangements shall apply to the Standards Committee. In addition to the provisions above, substitution arrangements shall apply where a Member of the Committee is unable to sit at a Hearing as a result of a conflict of interest which prevents the Member from participating. This arrangement shall only apply to Hearings and not to general meetings of the Committee.

(Note: The composition of the Standards Committee shall be five elected Members, three Independents, one Parish Representative and one Deputy Parish Representative. The Standards Committee recommends that the three current Independent Members and the current Parish Representative and Deputy Parish Representative be re-appointed.)

Appointment of Performance and Overview Committees

18 To appoint the several Performance and Overview Committees of the Borough Council in accordance with Article 6 of the Council’s Constitution comprising the number of Members specified for each Performance and Overview Committee and in accordance with the nominations of the respective political groups further to Section 15 of the Local Government Act 1989, such Performance and Overview Committees having powers and duties described in Part 3 of the Council’s Constitution.

Appointment of Chairs and Deputy Chairs

19 To appoint a Chair and two Deputy Chairs for each of the Performance and Overview Committees of the Borough Council and to appoint a Chair and Deputy Chair of the Development Control and Licensing and Regulatory Committees, and to appoint two Deputy Chairs for the Standards Committee.

Appointment of Audit Committee

20 To appoint the Audit Committee of the Borough Council in accordance with the Council’s Constitution comprising five Members and in accordance with the nominations of the respective political groups further to Section 15 of the Local Government Act 1989, such committees having powers and duties described in Part 3 of the Council’s Constitution.

Appointment of Chair and Deputy Chair

21 To appoint a Chair and Deputy Chair for the Audit Committee.

Appointment to Highways and Transportation Local Joint Committee

22 The Highways and Transportation Local Joint Committee is established under Article 12 of Cheshire County Council’s Constitution. The Local Joint Committee comprises eight Borough Council representatives and eight County Council representatives.

Council is invited to appoint eight Members based on this Council’s proportionality arrangements.

Appointments to Joint Management Committees

23 To appoint Members to the Coppenhall Leisure Centre Joint Management Committee, Shavington Leisure Centre Joint Management Committee and Victoria Community Centre Joint Management Committee (4 Members to each) based on this Council’s proportionality arrangements.

Appointment of Working Groups etc

24 Council is invited to re-appoint the following –

(a) Modernising Agenda Working Group

Current membership – eight Members, of whom no more than four shall be Members of the Board.

Council is invited to consider that the Council Convenor act as ex-officio Chair of the Modernising Agenda Working Group.

(b) University Quadrant of Crewe Joint Steering Group

Current membership – four Members

The County Council representation is 2 Conservative and 2 Labour Members and it is suggested that the Borough Council appointments mirror that political representation.

Central Health and Safety Committee

25 The Central Health and Safety Committee is an internal committee which establishes and maintains standards of health and safety which are consistent with legal requirements and within the policies and procedures of the Council.

The membership of the Committee comprises management and union representatives and one Councillor who is the Chair of the Committee and one Deputy.

Council is invited to appoint one Member and one Deputy to the Committee.

Future Meetings

26 To fix the timetable of ordinary meetings of the Borough Council, the Board and the several Committees, and Performance and Overview Committees for the ensuing Municipal Year up to and including the date of the next Annual Meeting of the Borough Council. (26)

Leaders of Political Groups

27 The political groups to signify their respective leaders and deputy leaders for 2007/2008.

Election Results – 3^rd May 2007

28 The Chief Executive to report the results of the Borough Council elections held on 3^rd May 2007. (28)

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

Exclusion of Press and Public

29 The report relating to agenda item 30 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 be excluded.

The Committee of Full 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 Paragraph 3 of Part 1 of Schedule 12A (as amended) of the Act.

[ Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information). ]

Development Agreement between Modus and Crewe & Nantwich Borough Council – Crewe Town Centre

30 The joint report of the Chief Executive, Borough Solicitor and Economic Development and Estates Manager, in respect of the development agreement between the Borough Council and Modus will follow under separate cover, together with a briefing paper. (to follow) See Appendix (30).

Re-admission of Press and Public

31 The Committee of Full Council is invited to re-admit the press and public to the meeting.

Planning Application No. P05/1021 – Outline Application for Mixed-Use Development in Crewe Town Centre (Modus)

32 At its meeting held on 2^nd August 2006, Council ratified the decision of the Development Control Committee at its meeting held on 1^st June 2006 (ie that it was “minded to grant planning permission in respect of this application….”), and the application was referred to the Secretary of State. The Secretary of State subsequently confirmed that he did not wish to “call-in” the application.

At its meeting held on 1^st May 2007, the Development Control Committee recommended to Council that the application be approved as a departure from the Borough of Crewe and Nantwich Replacement Local Plan 2011 subject to the conditions listed in the report and the completion of a Legal Agreement as detailed.

The report submitted to the Development Control Committee is attached. (32) See report

A briefing report will be issued under separate cover which will provide an overview of the current status of this planning application, planning application No. P07/0043 (agenda item 33 below), the relevant planning issues and the principal changes between each application.

See Full Council Briefing Report for Planning Applications (Excludes Photos)

Planning Application No. P07/0043 – Land contained by Victoria Street to the North, Queensway to the East, Chester Street to the South and Gatefield Street to the West – Outline application for Amendment to Retail Core of Mixed-Use Development – Crewe Town Centre

33 At its meeting held on 1^st May 2007, the Development Control Committee considered the report of the Borough Planning Officer.

Owing to the fact that a small portion of the proposed retailing element for this development (2%) falls outside the defined town centre boundary, and as a result of the absence of an affordable housing provision, the application has been referred to Council for approval as a departure from the Borough of Crewe and Nantwich Replacement Local Plan 2011.

Council is recommended to approve the application subject to (a) there being no “call-in” by the Secretary of State, (b) the completion of a Legal Agreement and (c) the conditions as detailed in the attached report. (33) See Report

A briefing report will be issued under separate cover which will provide an overview of the current status of this planning application, planning application No. P05/1021 (agenda item 32 above), the relevant planning issues and the principal changes between each application.

34 Crewe Town Centre – Compulsory Purchase Order 2007

At its meeting held on 1^st May 2007, the Development Control Committee considered the joint report of the Borough Solicitor and Borough Planning Officer in respect of the implementation of compulsory purchase powers to facilitate the completion of land acquisition needed to implement the scheme proposed by Modus Corovest (Crewe) Ltd to develop Crewe Town Centre (“the Scheme”) authorised by planning permission P05/1021 and/or the Scheme comprised with planning application P07/0043 as set out in the draft Statement of Reasons.

The Committee’s recommendation is that, subject to the completion of the Development Agreement between the Council and Modus, the Borough Solicitor be authorised to prepare and submit to the Secretary of State a Compulsory Purchase Order for the acquisition of interests in, and new rights over, the land shown edged in red on the attached plan.