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

Councillor Rachel Bailey                (Portfolio Holder for Planning)

Councillor David Brickhill                (Portfolio Holder for Economic Development)

Councillor John Dwyer                   (Portfolio Holder for Safer Communities)

Councillor John Hammond            (Portfolio Holder for the Local Environment)

Councillor Jacquie Weatherill        (Portfolio Holder for Human Resources)

Councillor Ray Westwood              (Portfolio Holder for Neighbourhoods)

 

 

Councillors W T Beard, D N Bebbington, B Evans, J Jones and S W Hogben

 

 

Paul Ancell                (Chief Executive)

Alastair Bain              (Team Leader Private Sector Housing)

David Burns               (Safer Communities Manager)

Paul Burns                 (Business Development Manager Direct Services)

Chris Henshall           (Borough Solicitor and Monitoring Officer)

Carol Jones                (Democratic Services Officer)

 

           

NOTE: The following Decisions should be read in conjunction with the corresponding reports which accompanied the Board Agenda issued on 22^nd May 2007.   The agenda and reports are available on the Council's Internet Website. http://www.crewe-nantwich.gov.uk/

 

1.           DECLARATIONS OF INTEREST

 

Councillors R Westwood and W T Beard declared a personal interest in agenda item 12 (Wulvern Housing Governance Review) on the basis that they were Members of the Wulvern Housing Board.  They each declared a personal and prejudicial interest in agenda item 17 (Request to Waive Regulations as to Contracts in respect of the Homelessness Contract) on the basis of their membership of the Wulvern Housing Board.

 

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

 

2.           BOARD DECISIONS 5^TH APRIL 2007

 

The Board received the Statement of Decisions made at a meeting held on 5^th April 2007.

 

3.           RECONSIDERATION OF DECISIONS

 

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

 

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

 

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

 

It was noted that the Performance and Overview Committee (Local Economy and Environment) had expressed its disappointment and concern that Annual Council had appointed Conservative Group Chairs to the Performance and Overview Committees as, in its view, this did not represent the spirit of scrutiny and was contrary to best practice and legal advice.

 

On 1^st November 2006, Council had approved the procedural framework for making Designated Public Places Orders.  The Police had since requested that a wider ban than initially identified be introduced.

 

The Board considered the report of Councillor John Dwyer, Portfolio Holder for Safer Communities which presented the evidence for areas to be considered for designation.  The Board was asked to determine the wards which should be recommended to Council as being suitable for designation. 

 

The Board received legal advice from the Borough Solicitor and Monitoring Officer which drew attention to the implications of the various alternative approaches to the designation of DPPOs and confirmed that this was a matter which should be determined by Full Council.  

 

The Performance and Overview Committee (Community) had urged that the matter be referred to Full Council and had also requested the views of the Police in respect of the effectiveness of such orders and the areas which the Police would be willing to enforce.

 

(B)        That Full Council be asked to recommend the wards for designation under the provisions of Sections 12-16 of the Criminal Justice and Police Act 2001 to the Licensing and Regulatory Committee (subject to public consultation).

 

 

(a)              Identify wards for recommendation as areas of Designated Public Places Orders.

 

(b)              Refer the matter direct to the Licensing and Regulatory Committee.

 

 

The designation of the wards will assist with the reduction of alcohol-related crime and disorder and will also discourage anti-social behaviour.

 

6.           PROPOSED OFF-STREET PARKING PLACES ORDER("PAY AND DISPLAY" RAILWAY STREET CAR PARK, CREWE)

             

The Board considered the report of Councillor John Hammond, Portfolio Holder for the Local Environment.

 

Notice of the proposal to make an Off-Street Parking Places Order, to alter the charging system for parking at Railway Street Car Park, Crewe, had been advertised in accordance with statutory requirements.  No objections to the proposal had been received, and the Board was asked to authorise the making of the Order.

 

 

 

 

Decline to approve the making of the Order on grounds other than public objections.

 

 

(a)       The proposal to amend the car park was advertised in accordance with statutory requirements and no objections were received.

 

(b)       The car park will provide an improved service to rail travellers and there is an expected increase in income from the car park.

 

7.           PROPOSED OFF-STREET PARKING PLACES ORDER  ("PAY AND DISPLAY" WOOD STREET (EAST) CAR PARK, CREWE)

 

The Board considered the report of Councillor John Hammond, Portfolio Holder for the Local Environment.

 

Notice of the proposal to make an Off-Street Parking Places Order, to introduce a system of "pay and display" parking at Wood Street (East) Car Park, Crewe had been advertised in accordance with statutory requirements.  No objections to the proposal had been received and the Board was asked to authorise the making of the Order.

 

 

 

 

Decline to approve the making of the Order on grounds other than public objections.

 

 

(a)     The proposal to amend the car park was advertised in accordance with statutory requirements and no objections were received.

 

(b)     The car park will provide increased availability of space for shoppers in the area and income for the Council to support the service.

 

8.           BEST VALUE PERFORMANCE INDICATORS OUT-TURN 2006/2007

 

The Board considered the report of Councillor Jacquie Weatherill, Portfolio Holder for Human Resources.

 

The report referred to the basket of performance indicators which the Board had identified as its key priority areas for monitoring purposes.  The report also presented the target forecasts for the period 2007-2011.

 

 

 

(i)                 The out-turn on the key basket of Performance Indicators 2006-2007;

(ii)               The target forecasts for the period 2007-2011; and

(iii)             The proposals for future performance framework arrangements

 

 

None considered.

             

 

The monitoring of national performance indicators is a requirement under the Local Government Act 1999 (Part 1) and enables the Government to monitor the performance of local authorities.

 

9.           ENFORCEMENT OF SMOKE-FREE LEGISLATION

 

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

 

The Health Act 2006 Part 1 Chapter 1 introduced new powers in relation to smoke-free premises, places and vehicles.  The Smoke-Free (Premises and Enforcement) Regulations 2006 defined the enforcement authority for Chapter 1 of Part 1 of the Health Act, and Regulation 3(1)(b) designated district councils as enforcement authorities.

 

The Board was asked to recommend to Council that delegated authority be granted to the Head of Environmental Health to enforce the provisions of the Health Act 2006 Part 1, Chapter 1 and regulations made under it, and in particular, to authorise Officers to act for the Council in matters arising under the Act and to instigate proceedings for offences under that Act, and regulations made under it.

             

 

 

(i)                 Enforce the Health Act 2006 Part 1 Chapter 1 and any regulations made under it;

 

(ii)               Authorise Officers to act on behalf of the Council in matters arising under the Health Act Part 1 Chapter 1 and any regulations made under it including the authority to require information, issue and serve warnings, notices, penalties and fines to the maximum prescribed by regulations when brought into effect; and

 

 

 

None considered.

 

             

(a)       The Council is duty-bound to enforce the provisions of the Health Act 2006.

 

(b)       The Council must have in place delegations and authorisations to enable the enforcement of Part 1 Chapter 1 of the Health Act 2006.

 

 

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

 

The Council had access to funds and resources to enable it to provide more affordable housing, but these were not always accessed in the most effective way.

 

The report made recommendations about combining funds available from commuted sums and the North-West Housing Pot to provide an "enabling fund" for the development of affordable housing. It also made recommendations about guidance for landowners and developers and covered disposal of Council-owned land or sites which were appropriate for affordable housing at less-than-market value.

 

The Performance and Overview Committee (Local Economy and Environment) supported the proposals and requested that urgent progress be made.

 

 

 

(A)         The provision of an enabling fund for the development of affordable housing;

 

(B)        Delegated authority to be given to the Portfolio Holder for Planning to agree grant payments from this fund;

 

(C)        The provision of more detailed guidance for landowners and developers, particularly for sites in rural areas;

 

(D)        In special circumstances, consideration be given to selling Council-owned land at a lower-than-market price in return for the provision of a higher percentage of affordable homes to rent; and

 

(E)         That Cheshire County Council's attention be drawn to the contents of the report and it be requested to adopt the same principles, particularly in respect of (D) above.

 

 

To approve some or none of the options outlined in the report.

 

 

(a)       The provision of affordable housing is identified as a key issue in the Council's Corporate Strategy.

 

(b)       The provision of affordable accommodation in areas where access to owner-occupation is restricted, because of house prices, will help maintain mixed communities.

 

(c)       An increased range of affordable accommodation increases the prospects of access to a stable environment for a wider range of people including those who are homeless, and may reduce a tendency to anti-social behaviour which can be created by an unstable environment.

 

 

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

 

The Council's Constitution authorised the Council's Officers to enforce housing functions within the meaning of the Housing Act 1985 and other housing legislation.  The Housing Act 2004, a major piece of legislation, had since been introduced and the report requested an amendment to the Council's Constitution to incorporate the new Act.

 

 

 

 

Decline to agree to the amendments, the effect of which would be that additional decisions relating to housing would need to be made by the Board, with a consequent delay in delivery of service.

 

 

The Council's Constitution already authorises Council Officers to enforce functions within the meaning of the Housing Act 1985 and other housing legislation.  It is prudent to extend the authorisations to take account of the Housing Act 2004.

 

 

The Board considered the report of Councillor Margaret Simon, Portfolio Holder for Customers, together with an additional report on voting rights, and a letter from Wulvern Housing dated 31^st May 2007, copies of which were tabled at the meeting.

 

The report provided details of proposals by Wulvern Housing to carry out amendments to its rules following a review of its governance arrangements.  Wulvern Board had recommended a change to its rules to allow a reduction in the Board membership from 15 to a maximum of 12.   The proposal was for this Council's current membership of 5 to be reduced to 3.

 

The Borough Council was being consulted on the proposal, and the Board was invited to consider this in the context of the agreement which had been drawn up when the Council's housing stock had been transferred to Wulvern Housing in 2003. 

 

Each of the three Performance and Overview Committees had submitted comments to the effect that they did not support the proposal to reduce the Council's representation on Wulvern Housing Board.

   

 

(A)             That, in the light of the comments made by the Performance and Overview Committees, a decision on this matter be deferred;

 

(B)             That the Performance and Overview Committee (Organisation) be asked to review this matter;

 

(C)             That a representative of Wulvern Housing be asked to attend the Performance and Overview Committee meeting to advise on the issues involved; and

 

(D)             That the Performance and Overview Committee (Organisation) be asked to make a recommendation to Board at the earliest meeting, to inform Wulvern's decision on its governance arrangements at its Annual General Meeting on 13^th September 2007.

 

 

To support the proposal.

 

 

Wulvern Housing is proposing to change its governance arrangements to satisfy the requirements of the Housing Corporation and has consulted the Council on its proposals. 

 

 

The Board was invited to review appointments to, and membership of, various advisory groups that had been set up during the last Municipal Year.   A schedule of Portfolio Holders' Advisory Groups which had been set up for 2006/2007 was submitted for information. 

 

It was noted that the relevant Portfolio Holders would notify the Chief Executive of any Advisory Groups which they set up or reformed during the year.  This information would be published in the Members' Bulletin.

 

 

On 17^th May 2007, the Government announced its strategy in respect of the national Post Office network, which included proposals to close up to 2,500 Post Offices. 

 

The Board was invited to consider if it wished to make a response to the proposals.

 

 

 

 

 

 

 

 

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

 

 

 

17.      REQUEST TO WAIVE REGULATIONS AS TO CONTRACTS - HOMELESSNESS AND HOUSING ADVICE SERVICE CONTRACT  (PARAGRAPH 3)

 

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

       

The Council had a statutory obligation to provide a homelessness and housing advice service and maintain a waiting list for those in need of social housing.  This service was currently provided through an agency agreement with Wulvern Housing which had been set up when the Council transferred its housing stock in March 2003. The agreement was for five years and would expire in March 2008.

 

In view of the current review of local government arrangements, the Board was asked to approve the waiving of the Council's Regulations as to Contracts in respect of the contract for the homelessness and housing advice services.

 

 

(A)       That the Council's Regulations as to Contracts be waived to allow the current contract with Wulvern Housing to be extended for 12 months from 10^th March 2008;

 

(B)      That the current terms, plus an increase for inflation, be used as a basis for negotiation with Wulvern Housing; and

 

(C)      That, in the event of a failure to reach a negotiated price, the issue be referred back to the Board for re-consideration.

 

 

As detailed in the report.

 

 

(a)          The Council had a statutory responsibility in respect of homelessness.

 

(b)          The provision of temporary quality accommodation locally was important for vulnerable families and people who needed to remain near to their support networks.

 

(c)          In view of the current review of local government arrangements, it was considered prudent to extend the contract for a further 12 months, pending the outcome of the review.

 

 

 

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