ANNUAL COUNCIL MEETING
16TH MAY 2007
PRESENT: The
Worshipful the Mayor, Councillor H W Curran;
Deputy Mayor, Councillor M R Jones,
Councillors T E Ankers, R A Bailey, W T Beard, D N Bebbington, J D
Bratherton, D Brickhill, M Campbell, D J Cannon, R Cartlidge,
D H D Charlesworth, S Conquest, A Crawford, W S Davies, R E Dodd, J
V Dwyer, B H Dykes, B Evans, G Fenton, M Grant, C Goff, G
Griffiths, P A Hallett, J Hammond, J K Hatfield, K Healey, S W
Hogben, M A Hollins, E Howell, A C Johnson, J Jones, R Jones, Z S
Krizanac, J Lewis, M A Martin, W S McGinnis, A Moran, S J S
Mottram, R W Parker, A Richardson, M Roberts, S Roberts, R Salmon,
B G Silvester, M J Simon, R Stafford, D J Straine-Francis, J I
Stockton, C G Thorley, C Waling, M J Weatherill, R Westwood, L T
Wood and J Wright
ELECTION OF MAYOR
2 With the
Worshipful the Mayor, Councillor Howard Curran presiding, it was
-
RESOLVED UNANIMOUSLY: That
Councillor Maurice Roy Jones be elected Mayor of the Borough of
Crewe & Nantwich to hold office pursuant to Sections 3 and 4 of
the Local Government Act 1972 until the next Annual Meeting of the
Borough Council.
Following his installation as Mayor,
Councillor Jones responded to his election and assumed the Chair
for the meeting.
MAYORESS
3 The
Worshipful the Mayor, Councillor Maurice Jones indicated that his
wife, Mrs Ann Jones, would act as Mayoress for the ensuing
Municipal Year.
APPOINTMENT OF DEPUTY
MAYOR
4 RESOLVED:
That Councillor Margaret Martin be appointed Deputy Mayor of the
Borough of Crewe & Nantwich, to hold office pursuant to Section
5 of the Local Government Act 1972 until the next Annual Meeting of
the Borough Council.
Councillor Martin was invested by the Mayor
with her Medallion of Office.
DEPUTY CONSORT
5 The
Deputy Mayor indicated to the Council that her husband, Mr Bill
Martin, would act as Deputy Consort during the year.
The Mayoress then invested the Deputy Consort
with his Chain of Office.
APPOINTMENT OF MAYOR’S
CHAPLAIN
6 The
Mayor signified to the Borough Council his appointment of the
Reverend Geoffrey Willetts as his Chaplain for the ensuing
Municipal Year.
MAYOR’S COMMUNICATIONS
7
Communications were read by the Chief Executive.
VOTE OF THANKS
8 RESOLVED:
That a vote of thanks be accorded to the retiring Mayor and
Mayoress, Councillor Howard Curran and Mrs Sheila Curran, and to
the retiring Deputy Mayor and Deputy Mayoress, Councillor Maurice
Jones and Mrs Ann Jones for their services during the
year.
Councillor Howard Curran responded to the vote
of thanks following which the Mayor presented Councillor Curran and
Mrs Sheila Curran with their medallions of office.
ADJOURNMENT
9 At this
point in the proceedings the meeting was adjourned.
APOLOGIES
10 An
apology for absence was received from Councillor J A Beech.
MINUTES
11 RESOLVED:
That the Minutes of the Council meeting held on 18th
April 2007 be approved as a correct record and signed by the
Mayor.
DECLARATIONS OF INTEREST
12 Councillors D
Brickhill, A Moran, M J Simon and A Richardson each declared a
personal interest in agenda item No. 30 (Development Agreement
between Modus and Crewe and Nantwich Borough Council – Crewe Town
Centre), item No. 32 (Planning Application No. P05/1021), item No.
33 (Planning Application No. P07/0043), item No. 34 (Crewe Town
Centre – Compulsory Purchase Order 2007) on the basis of their
County Council membership.
Councillor G Griffiths declared a personal
interest in agenda items Nos. 30, 32, 33 and 34, as detailed above,
on the basis of his small shareholding in Arriva.
No other Member made any declaration of
interest in any item of business on the agenda.
APPOINTMENT OF THE
EXECUTIVE
13 Council was
invited to appoint an Executive.
It was proposed that the following Members
comprise the Council’s Executive -
Councillors B G Silvester, R A Bailey, D
Brickhill, J V Dwyer, J K Hatfield, J Hammond, W S McGinnis, M J
Simon, M J Weatherill and R Westwood.
RESOLVED: That the
Executive (hereafter referred to as the Board) be appointed and
that the membership comprise Councillors B G Silvester, R A Bailey,
D Brickhill, J V Dwyer, J K Hatfield, J Hammond, W S McGinnis, M J
Simon, M J Weatherill and R Westwood.
ELECTION OF LEADER OF THE
COUNCIL
14 The Council was
asked to appoint a Leader of the Council. A proposal was
moved that Councillor B G Silvester be elected Leader of the
Borough Council.
RESOLVED: That Councillor B G
Silvester be elected Leader of the Borough Council.
ELECTION OF DEPUTY LEADER OF THE
COUNCIL
15 The Council was
asked to appoint a Deputy Leader of the Council.
RESOLVED: That Councillor M J
Simon be elected Deputy Leader of the Borough Council.
BOARD PORTFOLIOS
16 The Council was
asked to determine the Board Portfolios and their allocation.
RESOLVED: That the
Board Portfolios and their allocation be as follows:
Portfolio
Holder
Leader B
G Silvester
Customers
M J Simon
Economic
Development
D Brickhill
Finance
J K Hatfield
Human
Resources
M J Weatherill
Leisure
W S McGinnis
Local
Environment
J Hammond
Neighbourhoods
R Westwood
Planning
R A Bailey
Safer
Communities
J V Dwyer
(Note: In accordance with Procedure Rule
No. 18(2) the following Councillors requested that their vote be
recorded to show that they had voted against the item:
Councillors W T Beard, R Cartlidge, S Conquest, A Crawford, H W
Curran, M Grant, S W Hogben, R Jones, M Roberts, S Roberts, R
Salmon, D J Straine-Francis, C G Thorley, L T Wood and J
Wright.)
ELECTION OF COUNCIL
CONVENOR
17
Council was invited to elect a Council Convenor to act in
accordance with paragraph 5.04 of Article 5 of the Council’s
Constitution.
RESOLVED: That
Councillor D N Bebbington be appointed Council Convenor for the
ensuing Municipal Year in accordance with paragraph 5.04 of Article
5 of the Council’s Constitution.
ELECTION OF DEPUTY COUNCIL
CONVENOR
18
Council was invited to elect a Deputy Council Convenor to act in
accordance with paragraph 5.04 of Article 5 of the Council’s
Constitution.
RESOLVED: That
Councillor A Moran be appointed Deputy Council Convenor for the
ensuing Municipal Year to act in accordance with paragraph 5.04 of
Article 5 of the Council’s Constitution.
APPOINTMENT OF STANDARDS COMMITTEE
CHAIR
19
Council was invited to appoint a Chair of the Standards Committee
which required the support of not less than two-thirds of Council
Members present and voting.
RESOLVED: That Mr Nigel
Briers be appointed Chair of the Standards Committee for the
ensuing year.
APPOINTMENT OF COMMITTEES
20
RESOLVED: That the Development Control, Licensing
and Regulatory, and Standards Committees of the Borough Council be
appointed 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 and that the membership thereof be as
indicated in Appendix
A attached to these Minutes.
APPOINTMENT OF PERFORMANCE AND
OVERVIEW COMMITTEES
21
RESOLVED: That the Performance and Overview
Committees of the Borough Council be appointed 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 and that the
membership thereof be as indicated in Appendix
A attached to these Minutes.
APPOINTMENT OF CHAIR AND DEPUTY
CHAIRS
22
Council was invited 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 to the Standards Committee.
RESOLVED: That Chairs and
Deputy Chairs of the Committees, as indicated above, be as detailed
in Appendix
A attached to these Minutes.
APPOINTMENT OF AUDIT
COMMITTEE
23
RESOLVED: That the Audit Committee of the Borough
Council be appointed 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 Committee having powers and duties in
accordance with the Terms of Reference approved by the Council on
18th April 2007, and that the membership thereof be as
indicated in Appendix
A attached to these Minutes.
APPOINTMENT OF CHAIR AND DEPUTY
CHAIR
24
RESOLVED: That the Chair and Deputy Chair of the
Audit Committee, be as detailed in Appendix
A attached to these Minutes.
APPOINTMENTS TO HIGHWAYS AND
TRANSPORTATION LOCAL JOINT COMMITTEE
25 The
Highways and Transportation Local Joint Committee was established
under Article 12 of Cheshire County Council’s Constitution.
The Local Joint Committee comprised eight Borough Council
representatives and eight County Council representatives.
Council was invited to appoint eight Members
based on this Council’s proportionality
arrangements.
RESOLVED: That the
appointment of Members to the Highways and Transportation Local
Joint Committee be as detailed in Appendix
A attached to these Minutes.
APPOINTMENTS TO JOINT MANAGEMENT
COMMITTEES
26
RESOLVED: That the appointment of Members to the
Coppenhall Leisure Centre Joint Management Committee, the
Shavington Leisure Centre Joint Management Committee and the
Victoria Community Centre Joint Management Committee be as detailed
in Appendix
A attached to these Minutes.
APPOINTMENT OF WORKING GROUP/STEERING
GROUP
27
Council was invited to appoint the following Working Group and
Steering Group –
27.1
Modernising Agenda Working Group
RESOLVED:
(a) That Councillors W T Beard, M Campbell, J
K Hatfield, K Healey, M A Hollins, E Howell, J Jones and S Roberts
be appointed to the Modernising Agenda Working Group;
(b) That the Working Group include Group
Leaders; and
(c) That the Council Convenor, Councillor D N
Bebbington, be appointed, ex-officio Chair of the Working
Group
27.2 University
Quadrant of Crewe Joint Steering Group
Council was invited to appoint four Members to
this Steering Group.
RESOLVED: That
Councillors P A Hallett, J Hammond, S W Hogben and G Griffiths be
appointed to the University Quadrant of Crewe Joint Steering
Group.
CENTRAL HEALTH AND SAFETY
COMMITTEE
28 The
Central Health and Safety Committee was an internal committee which
established and maintained standards of health and safety which
were consistent with legal requirements and within the policies and
procedures of the Council.
The membership of the Committee
comprised management and union representatives and one Councillor
who was the Chair of the Committee and one deputy who was only
permitted to attend meetings in the absence of the Chair.
Council was invited to appoint one
Member and one deputy to the Committee.
RESOLVED: That
Councillor C Waling be appointed Chair of the Central Health and
Safety Committee and Councillor H W Curran be appointed Deputy.
FUTURE MEETINGS
29
RESOLVED: That the dates of meetings of the Borough
Council, the Board, the Committees and Performance and Overview
Committees for the year 2007-2008, be confirmed in accordance with
the Timetable of Meetings attached as Appendix B to
these Minutes, subject to the following amendment -
That Full Council meetings commence at
7.00 pm with the exception of Budget Council
(February) and Annual Council (May).
(NOTE: The timings of the
meetings referred to in Appendix B
to these Minutes were for guidance only and may be subject to
change by the Council, the Board or by the appropriate Committee or
Performance and Overview Committee.)
LEADERS OF POLITICAL
GROUPS
30
The political groups represented on the Borough Council signified
their respective Leaders and Deputy Leaders as follows:
Conservative
Group
Councillor B G Silvester with Councillor M J Simon as Group
Deputy
Labour
Group Councillor
S W Hogben with Councillor M Grant as Group Deputy
Liberal
Democrat Councillor
G Griffiths with Councillor J D Bratherton as Group Deputy
Group
Nantwich
Independent Councillor J I
Stockton as Group Leader with Councillor A Moran
Group as
Group Deputy
Independent
Group
Councillor B Evans as Group Leader with Councillor M Campbell
as
Group Deputy
ELECTION RESULTS – 3RD MAY
2007
31 The Chief
Executive reported the results of the Borough Council elections
held on 3rd May 2007 and detailed in Appendix C to
these Minutes, subject to an amendment on the turnout in Shavington
Ward. The turnout had originally been calculated at 46%, but
was 39.6%.
COMMITTEE OF FULL COUNCIL
32
RESOLVED: That the Council now sit as a Committee of Full
Council.
EXCLUSION OF PRESS AND
PUBLIC
33
RESOLVED: 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 involved the likely disclosure of exempt information as
defined in Paragraph 3 of Schedule 12A (as amended) of the Act.
DEVELOPMENT AGREEMENT BETWEEN
MODUS AND CREWE AND
NANTWICH BOROUGH COUNCIL – CREWE TOWN
CENTRE
34 The
Committee of Full Council considered the joint report of the Chief
Executive, Borough Solicitor, Executive Director (Treasury and
Corporate Support) and Economic Development and Estates Manager, in
respect of the development agreement between the Borough Council
and Modus.
RECOMMENDED:
(a) That the Heads of Terms of the Development
Agreement as set out in the report be approved;
(b) That authority be delegated to the Borough
Solicitor to finalise the detailed content of the Development
Agreement based on those Heads of Terms; and
(c) That the Borough Solicitor be authorised to
approve and execute the Development Agreement subject to –
(i) The
receipt of formal written approval of the Heads of Terms by the
Council’s independent valuer and financial adviser, Mr B Dyson of
Messrs Jones Lang LaSalle;
(ii) Being satisfied
that the Heads of Terms were accurately reflected in the
Development Agreement;
(iii) Such other
considerations as the Borough Solicitor deemed appropriate to
safeguard the interests of the Council.
RE-ADMITTANCE OF PRESS AND
PUBLIC
35
RESOLVED: That the press and public be re-admitted
to the meeting.
PLANNING APPLICATION NO. P05/1021 –
OUTLINE APPLICATION FOR MIXED-USE DEVELOPMENT IN CREWE TOWN CENTRE
(MODUS)
36 On
2nd August 2006, Full Council ratified the decision of
the Development Control Committee at its meeting held on
1st 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 1st
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 Committee of Full Council
considered the report submitted to the Development Control
Committee together with a briefing report which set out the current
planning status of this application and provided an up-date of the
changes made since the Full Council considered the original
application.
RECOMMENDED: That the
application be approved as a departure from the Borough of Crewe
and Nantwich Replacement Local Plan 2011, subject to the conditions
listed below and the completion of a Legal Agreement which secures
-
(a)
Financial contribution of a minimum of £800,000 towards public
realm improvements within the town centre;
(b)
Provision of Flag Lane Link works via S.278 agreement
(c) Provision of
replacement bus station;
(d)
Provision of satisfactory replacement accommodation for shop
mobility within multi-storey car park;
(e)
Provision of a landscaped buffer between Tollitt Street houses and
bus station;
(f) Future
maintenance of landscaped areas within/adjacent to the site;
(g)
Financial contribution of £50,000 towards traffic/transportation
study for Crewe;
(h) Phasing plan –
Financial contribution up to a maximum of
£350,000 towards the following measures, with authority to
determine the actual amounts allocated to each measure to be agreed
by the Borough Planning Officer and Borough Solicitor:
> A town
centre car parking/signage strategy;
> Improvement of
the pedestrian link to the Liberty leisure scheme on Dunwoody
Way;
>
CCTV study and to link new CCTV facilities within
the development site with the existing town centre
network
12. Submission of a
scheme of surface and undercroft car parking for
apartments/dwellings off Chester Square
13. Structural and stability
report to include measures to avoid damage to nearby properties
during demolition and construction work
17. No development shall
take place within Area 3 of the Chester Square residential scheme
until satisfactory replacement parking provision has been approved
for users of St Mary’s RC Church
18. Comprehensive Green
Travel Plan
19. Provision of secure
cycle storage facilities
20. No development until a
satisfactory scheme and programme of works to secure the provision
of a new priority junction at Flag Lane and Chester Square has been
agreed
21. Management plan for
operation of service yards, including servicing hours
22. Conservation habitat
plan
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
37 At its meeting
held on 1st 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%) fell
outside the defined town centre boundary, and as a result of the
absence of an affordable housing provision, the application had
been referred to Full Council for approval as a departure from the
Borough of Crewe and Nantwich Replacement Local Plan
2011.
The Committee of Full Council
considered the report submitted to the Development Control
Committee together with a briefing report which set out the current
planning status of this application and provided an up-date of the
changes made since Full Council considered the original
application.
RECOMMENDED: That the
application be approved as a departure from the Borough of Crewe
and Nantwich Replacement Local Plan 2011, subject to there being no
call-in by the Secretary of State, the conditions listed below, and
subject also to the completion of a Legal Agreement which secures
-
(a) Financial
contribution of a minimum of £800,000 towards public realm
improvements within the town centre;
(b) Provision of
Flag Lane Link works via S.278 agreement;
(c) Provision of
replacement bus station;
(d) Provision of
satisfactory replacement accommodation for shop mobility within
multi storey car park;
(e) Provision of
a landscaped buffer between Tollitt Street houses and bus
station;
(f) Future
maintenance of landscaped areas within/adjacent to the
site;
(g) Financial
contribution of £50,000 towards traffic/transportation study for
Crewe;
(h) Phasing plan
–
Financial contribution up to a maximum of
£350,000 towards the following measures with authority to determine
the actual amounts allocated to each measure to be agreed by the
Borough Planning Officer and Borough Solicitor:
> Town
centre car parking/signage strategy;
> Improvement of the
pedestrian link to the Liberty leisure scheme on Dunwoody Way;
> CCTV study
and to link new CCTV facilities within the development site with
the existing town centre network
12. Structural and
stability report to include measures to avoid damage to nearby
properties during demolition and construction work
16. Comprehensive Green
Travel Plan
17. Provision of secure
cycle storage facilities
18. Comprehensive
phasing plan for development
19. No development
until a satisfactory scheme and programme of works to secure the
provision of a new priority junction at Flag Lane and Chester
Square has been agreed
20. Management plan for
operation of service yards, including servicing hours
21. Conservation
habitat plan
22. Surface water
regulation system
23. Flood risk
management scheme in exceedance of surface water drainage
system
CREWE AND NANTWICH BOROUGH COUNCIL
(CREWE TOWN CENTRE) COMPULSORY PURCHASE ORDER 2007
38 At its meeting
held on 1st 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 authorised by planning permission
P05/1021 and the Scheme comprised with planning application
P07/0043 as set out in the draft Statement of Reasons.
RECOMMENDED: (A)
That, subject to the completion of the Development Agreement
between the Council and Modus –
(a) The Borough Solicitor be
authorised to prepare and submit to the Secretary of State a
Compulsory Purchase Order (“CPO”) under Section 226 (1) (a) of the
Town and Country Planning Act 1990 (as amended by the Planning and
Compulsory Purchase Act 2004) for the acquisition of interests in
and new rights over the land shown edged red and shaded pink or
blue on the plan tabled at the meeting, entitled “Crewe and
Nantwich Borough Council (Crewe Town Centre) Compulsory Purchase
Order 2007” (in substitution for the plan attached to the report),
in order to secure the comprehensive redevelopment of the site
within, and to the South-West of Crewe town centre, incorporating
Victoria Street to the North, Chester Street to the South,
Queensway to the East and Flag Lane to the West, and the
construction of replacement Council offices to the rear of the
Municipal Buildings (“the Order Land”);
(b) The Council grants approval
for the submission to the Secretary of State of the Statement of
Reasons for the CPO, a draft of which was appended to the report;
and
(c) The Borough Solicitor
be authorised to:
(i) make minor
amendments, modifications or deletions to the Statement of Reasons,
CPO Schedule and Plan should this be necessary and be authorised to
finalise and make the CPO;
(ii) publish and serve all
notices of making of the CPO in newspapers and on all qualifying
persons being owners, lessees and occupiers of the Order Land;
(iii) take all necessary steps to
secure the confirmation of the CPO by the Secretary of State for
Communities and Local Government, including presentation of the
Council’s case at any Public Inquiry that may be necessary, into
objections to the CPO;
(iv) provide any reasonable
assistance to Modus as part of the acquisition of any interests in
the Order Land through negotiations where possible;
(v) acquire any interests in the land
and properties within the Order Land through negotiation where
necessary;
(vi) enter into, where appropriate,
agreements with qualifying persons for the withdrawal of objections
to the CPO.
(B) That, subject to confirmation of the
CPO by the Secretary of State, the Borough Solicitor be authorised
to acquire title and/or possession of the Order Land, including as
appropriate to:
(i) Publish and serve
Notice of Confirmation of the CPO on owners and occupiers of the
site and all land interests identified;
(ii) Serve Notice or
Notices of Intention to execute a General Vesting Declaration on
owners and occupiers to transfer title of land included in the CPO
to the Council;
(iii) Execute a General Vesting
Declaration or declarations and serve notice of making of the
General Vesting Declaration on affected owners and occupiers;
(iv) Serve Notice to Treat and/or
Notice of Entry;
(v) Take all necessary steps if
the question of compensation be referred to the Land Tribunal;
and
(vi) Take all necessary
steps to secure vacant possession.
RECONVENING OF FULL
COUNCIL
39
RESOLVED: That Full Council be now reconvened.
RECOMMENDATIONS OF THE COMMITTEE OF FULL COUNCIL
40
RESOLVED: That the recommendations of the Committee
of Full Council be approved and adopted.
……………………………………….Mayor