Councillor Brian Silvester                (Leader of the Council in the Chair)

Councillor Margaret Simon             (Portfolio Holder for Customers)

Councillor Rachel Bailey                  (Portfolio Holder for Planning)

Councillor David Brickhill                 (Portfolio Holder for Economic Development)

Councillor John Dwyer                   (Portfolio Holder for Safer Communities)

Councillor Graham Fenton               (Portfolio Holder for Finance)

Councillor John Hammond              (Portfolio Holder for the Local Environment)

Councillor B McGinnis                     (Portfolio Holder for Leisure)

Councillor Ray Westwood                (Portfolio Holder for Neighbourhoods)

 

 

Councillors T E Ankers, W T Beard, J Bratherton, D Bebbington, P K Butterill, R Cartlidge, D Charlesworth, T R Dunlop, M R Jones, S W Hogben, and A Moran.

 

 

Paul Ancell                  (Executive Director, Environment & Development)

Jane Ashcroft            (Principal Officer Arts and Entertainment)

Lisa Carr                     (Policy and Performance Officer)

Jenny Cross                (Executive Director, Treasury and Corporate Support)

Chris Henshall           (Borough Solicitor)

Bernadette Hurst        (Assistant Chief Executive, Community Development and Social Policy)

David Marren             (Executive Director, Direct Services)

Alan Millington           (Borough Planning Officer)

Joanne Smith            (Democratic Services Officer)

Rachel Welch            (Human Resources Manager)

 

 

Keith Ward                 Baker Tilly (Auditors)

 

 

57.        DECLARATIONS OF INTEREST

 

Councillors D Charlesworth, T R Dunlop and B G Silvester declared a personal interest in Agenda Item 5 War Memorial Consultation as they were members of the citizens' panel (Platform).

 

Councillor D Bebbington declared a personal interest in Agenda Item 5 War Memorial Consultation as he was a former member of the Memorial Action Team.

           

Councillor D Brickhill declared a personal interest in Agenda Item 8 Local Area Agreements, Agenda Item 14 Consultation on the Future of Health Scrutiny Arrangements in Cheshire, Agenda Item 16 Air Quality Management Area and Agenda Item 23 Discretionary Rate Relief Review   as he was a County Councillor.

 

Councillors A Moran and M J Simon declared a personal interest in Agenda Item 8 Local Area Agreements, Agenda Item 16 Air Quality Management Area and Agenda Item 23 Discretionary Rate Relief Review as they were County Councillors.

 

Councillors A Moran and M J Simon declared a personal and prejudicial interest in Item 14 Consultation on the Future of Health Scrutiny Arrangements in Cheshire as they had participated in a meeting where a decision had been made on this matter as County Councillors.

 

Councillor R Westwood declared a personal and prejudicial interest in Item 23 Discretionary Rate Relief Review as he was a member of Wulvern Housing Board.

                       

No other Member made any declaration of interest in any item of business on the agenda.

 

58.        BOARD DECISIONS 27^th JULY 2006

 

The Board received the Statement of Decisions made at a meeting held on 27^th July 2006.

 

59.         RECONSIDERATION OF DECISIONS

 

No decisions had been referred back to the Board for reconsideration.

 

60.         CONSIDERATION OF ANY PERFORMANCE AND OVERVIEW  COMMITTEE REPORTS AND RECOMMENDATIONS

 

The Performance and Overview Committees had been invited to comment on Board reports. Comments received from Performance and Overview Committee, Organisation were considered under the appropriate headings.

 

61.        CONSULTATION WAR MEMORIAL

 

The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.

 

The Board, at its meeting on 15^th June 2006 (Decision No 9) agreed that consultation be carried out on the preferred location of the War Memorial in Crewe Town Centre using Platform.  The report provided details of the outcome of the consultation and consequently the Board was asked to make a decision on the location of the refurbished War Memorial.

 

 

(A)              That the results of the consultation be accepted and that the relocation of the War Memorial and all related memorial items within the Municipal Square, Crewe be approved; and

 

(B)             That Officers be authorised to liaise with the contractors to ensure all works are completed to enable the rededication of the War Memorial and Remembrance Service to take place in the Municipal Square in November 2006.

 

 

In light of the results of the Consultation it was not considered appropriate to consider any other options.

 

 

(a)         The Board was committed to pay close attention to the outcome of the the consultation exercise which was clearly in favour of the Municipal Square as the preferred location.

 

(b)          There is a limited time to complete the works by November 2006, however, early discussions with contractors indicate it is achievable.  A programme can now be put into place to complete the refurbishment of the Municipal Square in accordance with the approved plans. 

 

62.         AUDITOR'S REPORT ON THE 2005/2006 STATEMENT OF ACCOUNTS

 

The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.

 

Keith Ward, Baker Tilly attended the meeting to report the Auditor's view of the Council's 2005/06 Statement of Accounts in accordance with the International Standards on Auditing No 260 (ISA no 260). 

 

Comments received from Performance and Overview Committee, Organisation who wished to convey its appreciation to Treasury and Corporate Support for its exemplary work over the last twelve months, which had resulted in a satisfactory report were noted.

 

 

(A)         That the report of the Auditor on the Council's 2005/06 Statement of Accounts be received; and

 

(B)        T hat the Executive Director, Treasury and Corporate Support be authorised to sign the required 'Letter of Representation" on behalf of the Council.

 

           

Not to accept the contents of the report.

 

 

(a)       The Auditor has a duty to report to those charged with governance any matters arising from the audit of the financial statements.

 

(b)       The report is an independent professional view of the Council's financial statements, following an external audit of the Accounts carried out in accordance with best practice. 

 

 

The Board considered the report of Councillor Bill McGinnis, Portfolio Holder for Leisure.

 

The Council had undertaken a review of open space within the Borough.  The work involved an audit of over four hundred areas of open space, measuring levels of provision against national standards of provision and establishing local standards of provision.  A number of sites had been identified as potentially being surplus to requirements and a number of sites were identified as priorities for improvement.  The report provided details of the proposals to undertake technical site surveys and develop site improvement plans.

 

 

 

 

Not to approve the allocation of funding for site surveys.

 

 

 

(b) The disposal of land will involve local level consultation therefore it will be necessary to develop improvement plans for the areas which can offer options for local residents to consider.

 

64.        LOCAL AREA AGREEMENTS

 

The Board considered the report of Councillor Brian Silvester, Leader of the Council and Councillor Ray Westwood, Portfolio Holder for Neighbourhoods.

 

At its meeting on 15^th June 2006 the Board granted delegated authority to the Portfolio Holder for Neighbourhoods and the Assistant Chief Executive, Community Development and Social Policy to approve the high level outcomes from the draft Cheshire Local Area Agreement (LAA) once they were agreed by the Communities of Cheshire Partnership.  These outcomes were agreed and sent to Government Office North West (GONW) by the deadline of the 30^th June 2006.  The report provided an update on the current position in respect of the Cheshire Local Area Agreement.

 

 

(A)              That the High Level outcomes approved by the Portfolio Holder for Neighbourhoods and the Assistant Chief Executive, Community Development and Social Policy be noted;

 

(B)             That the content of the report be noted; and

 

(C)             That delegated authority be granted to the Assistant Chief Executive, Community Development and Social Policy in consultation with the Leader of the Council and the Portfolio Holder for Neighbourhoods, to endorse the draft Local Area Agreement prior to its submission to Government Office North West.

 

 

To amend or reject the proposals contained within the report.

 

 

 

(b) The LAA is a statutory duty that will help to make public services more responsive to community needs and develop sustainable communities.

 

 

The Board considered, for information, the report of Councillor John Hatfield, Portfolio Holder for Human Resources.

 

The report provided service performance information on the agreed basket of Key National Performance Indicators for the first quarter of the financial year (April July 2006).

 

66.         BOROUGH PROFILE MEASURES 2006/07

 

The Board considered the report of Councillor John Hatfield, Portfolio Holder for Human Resources.

 

The Performance team had identified a number of Borough Profile Measures that would be reported to the Board on an annual basis.  The report provided details of these measures.

 

 

 

 

Not applicable.

 

 

During the external audit visit in February this year the external auditor commented on the role and validity of the critical indicators, particularly as the majority of the indicators formed part of other reporting baskets.  These indicators have been reviewed and the new Borough Profile Measures identified will assist the Corporate Review Process.

 

67.        CREWE RAIL GATEWAY DEVELOMENT BRIEF

 

The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.

 

The draft Development Brief was approved for the purposes of consultation on 28^th March 2006.  That period of consultation took place between 10^th May and 21^st June 2006.  The report outlined the comments received and recommended certain amendments to the brief.

 

 

 

 

None considered.

 

 

(a)              The preparation of a Supplementary Planning Document is a requirement set out in the Local Development Scheme, as revised.

 

(b)              The Development Brief will accord with the local plan Policy BE.2 to ensure that the design and layout provides for public safety and deters vandalism and crime.

 

(c)              Failure to adopt the brief could result in unacceptable planning proposals being submitted and a consequent Public Inquiry being necessary.

 

68.        PLANNING DELIVERY GRANT/PLANNING DEPARTMENT

           

The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.

 

The report set out the proposals for a programme of expenditure in 2006/07 on both capital and revenue items based on the 2006 settlement and the anticipated receipt of Planning Delivery Grant (PDG) until the grant was terminated in 2009.

 

 

 

(B)       That a report be submitted to Board when the 2007/08 award is confirmed to consider arrangements for that award and if possible for maintaining the service post-Planning Delivery Grant.

 

 

To spend up to the anticipated level of award.

 

 

(a)        The Planning Delivery Grant has been used to put a programme into place of both capital and revenue improvements to address the Department's performance targets and to improve the quality of the service.

 

(b)       An assessment of the number of posts and roles which will be permanently required to maintain current service delivery is needed in order that the longer term funding of appropriate permanent posts can be planned for.

 

 

The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.

 

The report set out the proposed arrangements for a joint Building Control Service with Congleton and Macclesfield Borough Councils, which had been formulated following agreement in principle to joint working from all three Authorities, earlier in the year.  A considerable amount of collaborative working had taken place to bring forward viable proposals, which were summarised in a proposed Business Plan.

 

 

 

 

(A)              That Crewe and Nantwich Borough Council's Building Control functions be delegated to the proposed Joint Committee (with any necessary changes made to this Council's Constitution);

 

(B)             That two Councillors be nominated to sit on the Joint Committee; and

 

(C)             That the shared set up costs of £50,000 be funded from the Building Control accumulated surplus.

 

 

Not to agree to the proposals set out in the report.

           

 

(a)        It is considered that a combined service would provide opportunities for improvement enabling the service to move forward more efficiently allowing Officers to become more effective, improving customer satisfaction and increasing market share.

 

(b)       The proposal will provide the opportunity for each Authority to participate fully and share ownership, providing a service equipped and ready to pro-actively engage in service delivery.

 

 

The Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities.

 

The Health and Social Care Act 2001 required all authorities with Social Services responsibilities to have arrangements in place to review any matter relating to the planning, provision or operation of health services in their area.  In Cheshire the authority was the County Council.  The County Council was now considering a change to the existing local arrangements and the report outlined the three options being considered by the County Health Scrutiny Committee.

 

 

(A)             That Cheshire County Council's preferred option is not supported; and

 

(B)             That this Council prefers to retain the local approach to scrutiny by merging the present Central Cheshire and Eastern Cheshire local joint committees to mirror the recently configured East  Cheshire Primary Care Trust.

 

 

The three options are detailed in the report.

 

 

The Government has introduced changes to the configuration of the Primary Care Trusts (PCTs) in Cheshire, whereby the four PCTs will become two in October 2006.  The option to merge the present Central Cheshire and Eastern Cheshire local joint committees would continue the direct relationship between PCT and local scrutiny committee. There would be scope to focus on local issues as and when required.

 

 

71.         GAMBLING ACT 2005

 

The Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities.

 

The Gambling Act 2005 comes into force on 1^st September 2007.  On that date the Council would replace the Courts as licensing authority for all premises in the Borough at which gambling took place.  In order to carry out its function as the licensing authority for gambling, the Council must have in place a licensing policy, known as its Statement of Principles.  The report provided details of the draft Statement of Principles.

 

 

 

 

None considered.

 

 

(a)            The Gambling Act 2005 places a statutory responsibility on the Council to carry out the licensing function for premises used for gambling.

 

(b)            The Statement of Principles must be in place by 31^st January 2007 when the Council will start to determine applications for licences made under transitional arrangements prior to the new licensing regime coming into force in September 2007.

 

72.       AIR QUALITY MANAGEMENT AREA HOSPITAL STREET, NANTWICH

 

The Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities.

 

On 28^th March 2006, the Board agreed to consult on a proposal to declare an Air Quality Management Area in part of Hospital Street, Nantwich.  The Council had a duty to declare such an Area, by Order, when levels of nitrogen dioxide were found to be above the objectives set by the Department for the Environment, Food and Rural Affairs.  The period for consultation had now ended and a steering group had been set up to undertake the action planning process for the proposed area.  The report contained details of the proposals by the steering group to define the limits of the proposed area for consultation with all interested parties.

           

 

 

 

Not to approve the report for consultation with interested parties.

.

 

(a) The Council is required to consult all interested parties regarding definition of the Area prior to declaration in accordance with its duties under the Environment Act 1995.

           

(b) The Environment Act 1995 has statutory requirements.  If an Order is not declared the Secretary of State has reserve powers to take action.

 

73.        REVIEW OF REDUNDANCY POLICY

 

The Board considered the report of Councillor John Hatfield, Portfolio Holder for Human Resources.

 

The current Redundancy & Redeployment Policy had been in place for 10 years.  In light of significant changes in employment law and in particular the introduction of age discrimination legislation the policy had been reviewed. The report provided details of the main changes to the policy.

 

 

 

 

That the recommended changes be amended or rejected.

 

 

(a)            The policy has been updated to reflect the current organisational structure and the provisions of the Employment Act 1996.

 

(b)            The proposed amendments update and review the provisions of the policy in line with the changing legal and operational climate and have been reviewed by the Council's Employment Lawyers.

 

(c)            The revisions to the policy will enable the Council to work with a robust and up to date document and will provide better support to staff through a managed redeployment process.

 

 

The Board considered the report of Councillor John Hatfield, Portfolio Holder for Human Resources.

 

The report provided an update on the progress made in devising a new pay & grading structure as a result of the completion of Job Evaluation (JE).  Interviews for JE were concluded in June 2006 and over the last two months effective consultation with the Trade Unions had led to agreement on a broad set of principles for a new pay and grading structure.  The report detailed the proposals for these principles which would sit behind the structure of the new pay & grading system.

 

 

 

 

That the proposals be amended or rejected.

 

 

(a)            The Single Status Agreement requires the Authority to assess the existing pay system against the statutory provisions for equal pay.

 

(b)            The principles proposed complement the Council's drive to achieve the workforce requirements of the Single Status Agreement.

 

(c)            The principles will provide the basis of the pay modelling exercise to produce a transparent and robust pay structure.

 

75.        2007/08 BUDGET PREPARATION TIMETABLE

 

The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.

 

The report presented the planned timetable for 2007/08 revenue and capital budget preparations.

 

 

 

 

To amend or reject the Budget Preparation Timetable.

 

 

Determination of the revenue and capital budgets for 2007/08 will involve significant decisions on the generation and use of the Council's resources.  The timetable allows for careful consideration of the issues by a number of key stakeholders.

 

76.        APPOINTMENT TO AN OUTSIDE ORGANISATION

 

At its meeting on 15^th June 2006 the Board appointed Councillors M A Martin and S Mottram as the two substantive representatives on Muir Group Housing Association, with Councillor Maureen Campbell as the deputy.  Subsequent to that, Councillor Campbell had resigned her place, with immediate effect.

 

The Board was invited to appoint a replacement deputy to Muir Group Housing Association, to serve for the remainder of the Municipal Year.

 

 

 

 

To appoint an alternative Member to the association.

 

 

The Council's role as a Community Leader is significantly enhanced by the involvement of Members in the network of local organisations that operate throughout the Borough.

           

77.       REPORT OF THE EXECUTIVE DIRECTOR, DIRECT SERVICES  (FOR INFORMATION)

 

In accordance with Contract Regulations, the Executive Director, Direct Services reported on tenders that had recently been invited and received.

 

 

 

79.        DISCRETIONARY RATE RELIEF REVIEW (PARAGRAPH 3)

 

The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.

 

The Discretionary Rate Relief Policies for Charities and other non-profit making organisations were established in 2003.  As a consequence of enquiries and applications received since then, certain issues had been identified and minor amendments and clarifications were now considered necessary.  These amendments were detailed in the report.

                

 

(A)             That point 1 (f) of the current policy be amended to remove the award of 20% discretionary relief to qualifying sports clubs that operate a licensed bar;

 

(B)             That point 1 (h) of the current policy be amended to read: Registered Friendly Societies that meet Government guidelines for rate relief in respect of tax exemption and membership policy: 80% mandatory relief only;

 

(C)             That delegated authority be granted to the Executive Director, Treasury and Corporate Support in consultation with the Portfolio Holder for Finance to determine applications for discretionary top up from qualifying Friendly Societies to ensure they are in the financial interests of the local community; and

 

(D)             That the revised policy shown at Appendix B of the report be approved.

 

 

To reject or amend the proposals contained within the report.

 

 

The amendments will address possible anomalies in the current Discretionary Rate Relief Policy.

 

 

 

The Board considered the report of Councillor Graham Fenton, Portfolio Holder for Finance.

 

The Rural Discretionary Rate Relief Policy was due for review before 1^st April 2007.  Minor amendments to the policy were now required and the report provided details of the proposed amendments.

                

 

(A)             That the award of 30% relief to current and new discretionary only applicants be continued, with 12 months notice to be given for any future amendments in line with all other rate relief applicants;

 

(B)             That the revised wording for 'Sole Petrol Filling Stations', to clarify applications from those with rateable values above the mandatory limit but within the discretionary only limit, be approved;   and

 

(C)             That the revised Policy shown in Appendix B of the report be approved.

 

 

To reject or amend the proposals contained within the report.

 

 

The amendments will provide clarity to the current Rural Discretionary Relief Policy.

 

 

81.        APPLICATION FOR EARLY RETIREMENT (PARAGRAPH 1)

 

The Board considered the report of Councillor John Hatfield, Portfolio Holder for Human Resources.

 

The report contained details of an application for early retirement from postholder no CE 0001.

                

 

 

               

(A)        That an appropriate external advisor be appointed, to provide an independent view on capacity within the remaining establishment of Chief Officers and other Senior Managers and prepare a report to inform the above decision at Council on 20^th September 2006; and

 

(B)       That the cost of this work be funded from part of the earmarked       reserve established in the Budget for HR-related legal advice.

 

 

To reject or amend the proposals contained within the report.

 

 

(a)              Proper consideration must be given to maintaining effective leadership in the strategic management of the Council. Any new arrangements must be seen to deliver effective organisational management and must establish clear lines for reporting, responsibility and accountability. An external advisor would provide an independent view on these matters.

 

(b)              There is a potential for the Council to achieve organisational/cost savings and this would assist in improving the Council's future sustainability.

 

82.        APPLICATION FOR VOLUNTARY REDUNDANCY AND EARLY RETIREMENT (PARAGRAPH 1)

 

The Board considered the report of Councillor John Hatfield, Portfolio Holder for Human Resources.

 

The report contained details of an application for voluntary redundancy and Early retirement from Postholder no DSC 0001.

 

 

(A)            That the application for voluntary redundancy and early retirement from postholder no DSC 0001 be approved, with discretion exercised to award full redundancy compensation based on actual salary and up to  4.44 compensatory added years to pension, proportionately according to age and length of service, enabling redundancy and early retirement to take effect on 30 September 2006; and

               

(B)            That the related post of Secretarial Assistant be deleted from the establishment and the current post-holder redeployed, as appropriate.

 

 

To reject or amend the proposals contained within the report.

 

 

There is a potential for the Council to achieve organisational  efficiencies / cost savings and this would assist in improving the Council's future financial sustainability

                

 

................................................................Signed