STATEMENT OF DECISIONS MADE
AT A MEETING OF THE BOARD
HELD ON
20TH SEPTEMBER 2007
PRESENT:
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
Hatfield
(Portfolio Holder for Finance)
Councillor Bill
McGinnis
(Portfolio Holder for Leisure)
Councillor M
Simon
(Portfolio Holder for Customers)
Councillor Jacquie
Weatherill
(Portfolio Holder for Human Resources)
Councillor Ray
Westwood
(Portfolio Holder for Neighbourhoods)
NON-BOARD MEMBERS IN
ATTENDANCE:
Councillors T Beard, R Cartlidge and S
Hogben.
OFFICERS IN ATTENDANCE:
Paul
Ancell
(Chief Executive)
Jenny
Cross
(Executive Director, Treasury and Corporate Support)
Clare
Godbold
(Principal HR Officer)
Rachel
Goddard (Assistant
Solicitor)
Bernadette
Hurst (Assistant Chief
Executive, Community Development & Social Policy)
Vikki
Jeffrey
(Head of Housing)
David
Marren
(Executive Director, Direct Services)
Jocelyn
McMillan (Cultural Development
Manager)
Joanne
Smith
(Democratic Services Officer)
Paul
Urwin
(Development Plans and Project
Manager)
NOTE: The following Decisions should
be read in conjunction with the corresponding reports which
accompanied the Board Agenda issued on 12th September
2007. The agenda and reports are available on the Council’s
Internet Website. http://www.crewe-nantwich.gov.uk/
46.
DECLARATIONS OF INTEREST
Councillor R Westwood declared a personal and
prejudicial interest in agenda Item 15 (Grants – Community Grant
Application) on the basis that he was Vice-Chair of the Wistaston
Green Partnership.
Councillors Brickhill and Simon declared a
personal interest in:
Agenda Item 13 – Concessionary Travel;
Agenda Item 14 – Community Transport Strategy
: Consultation; and
Agenda Item 18 – Establishment of a Children’s
Trust
on the basis that they were Cheshire County
Council Members.
No other Member made any declaration of
interest in any item of business on the agenda.
47.
BOARD DECISIONS –26TH JULY 2007
The Board received the Statement of Decisions
made at a meeting held on 26th July 2007.
48.
RECONSIDERATION OF DECISIONS
No decisions had been referred back to the Board for
reconsideration.
49.
CONSIDERATION OF SCRUTINY COMMITTEE COMMENTS/
RECOMMENDATIONS
The Scrutiny Committees had been invited to
comment on Board reports. Recommendations had been received from
the Organisation Scrutiny Committee and the Audit Committee in
respect of Agenda Item 19 – Local Government Re-organisation. These
were considered under the appropriate heading.
50.
RISK MANAGEMENT – ANNUAL REPORT
The Board considered the report of
Councillor Jacquie Weatherill, Portfolio Holder for Human
Resources.
The Council had approved a Risk Management
Strategy in December 2003 and the strategy was audited in
2003/2004. The Auditor’s Annual Management Letter had
recorded the need to further embed risk management in the process
of the Council. The Annual Report monitored how the Council
was meeting the challenge.
DECISION:
(A)
That risk management be included as a core element of
the Member Development Programme;
(B)
That the progress in embedding risk management be
noted;
(C)
That the monitoring procedures be amended to those outlined
in paragraph 1.6 of the report and the Risk Management Strategy be
amended accordingly; and
(D)
That the Local Strategic Partnership be asked to review the
risks listed on the register, up-date them as necessary, and
maintain processes and systems for the effective management of
those
risks.
Alternative Options:
None considered.
Reasons for the Decision:
(a)
Elected Members have a specific responsibility for risk management,
and its inclusion into the Member Development Programme, as a core
requirement, will enable Members to comply with their
responsibilities.
(b)
The monitoring procedures will ensure a systematic approach to
reviewing risks identified.
51.
LICENSING ACT 2003 – STATEMENT OF LICENSING POLICY
The Board considered the report of
Councillor John Dwyer, Portfolio Holder for Safer Communities.
At its meeting on 5th January
2005, the Council approved the Statement of Licensing Policy. Under
the terms of the Licensing Act 2003, the Council must review and
renew the policy document at intervals of no more than three
years.
The report outlined the proposed replacement
Licensing Policy and the Board was asked to approve the draft
Statement of Licensing Policy for the purposes of statutory
consultation.
DECISION:
That the (draft) Statement of Licensing
Policy, appended to the report submitted, be approved for the
purposes of statutory consultation.
Alternative Options:
None considered.
Reasons for the Decision:
(a)
Under the terms of the Licensing Act 2003, the Council must
review and renew the policy document at intervals of no more
than three years.
(b) Before
formally approving and publishing the Statement of Licensing
Policy, the Council must consult with the Police and Fire
Authorities and representative bodies of current licence
holders and local businesses and residents.
52.
LOCAL DEVELOPMENT FRAMEWORK – CORE STRATEGY ISSUES
AND OPTIONS
The Board considered the report of Councillor Rachel Bailey,
Portfolio Holder for Planning.
The second review of the Local Development Scheme came into force
on 30th April 2007. This set out the
programme for the production of Local Development Documents
over the next three years. The first document to be
produced in the Local Development Framework was the Core
Strategy.
The report detailed the Core Strategy: Issues and Options paper and
the Board was asked to approve it for the purposes of
consultation.
DECISION:
(A)
That the Issues and Options
paper be approved for the purposes of public consultation;
and
(B)
That a special workshop for
Members be held to consider further the matters raised in the
report.
Alternative Options:
None considered.
Reasons for the Decision:
(a) The
Local Development Scheme has been statutorily adopted
in accordance with the Planning and Compulsory Purchase
Act 2004, which came into force in September 2004.
(b)
The publication of the Issues and Options paper is the first step
in the process of preparing the Core Strategy and there is a
statutory requirement that the paper be subject to a 6 week period
of consultation.
53.
CONSULTATION ON HOUSING GREEN PAPER “HOMES FOR THE FUTURE:
MORE AFFORDABLE, MORE
SUSTAINABLE”
The Board considered the report of Councillor Rachel Bailey,
Portfolio Holder for Planning.
The Government has issued a Green Paper “Homes for the Future: More
Affordable, More Sustainable” in July 2007 and has asked for
comments by 14th October 2007. The document
proposed measures to increase the supply of homes built and to
make homes more affordable.
The report outlined the main issues covered
in the Green Paper and provided suggested responses.
DECISION:
That the responses to the Housing
Green Paper detailed in section 1.3 of the report be approved as
Crewe and Nantwich Borough Council’s
response.
Alternative Option:
To approve alternative responses to the
Consultation.
Reasons for the Decision:
(a)
The deadline for
responses to the consultation on the Housing Green Paper is
14th October 2007.
(b)
The local authority strategic housing role is at the heart of
achieving the social, economic and environmental objectives which
shape a community and create a sense of place.
54.
REVISION OF ALLOCATIONS POLICY
The Board considered the report of Councillor Rachel Bailey,
Portfolio Holder for Planning.
The Council had a legal duty to have an
allocations scheme including a policy and procedure for the
allocation of housing, and to allocate housing in accordance with
this scheme. Wulvern Housing acts as the Council’s agent in
dealing with Housing Allocations. Wulvern Housing had made changes
to its Allocations Policy and the revisions would improve the
alignment between the two policies.
RECOMMENDATION TO
COUNCIL:
(A)
That the existing policy be revised as summarised in the
report;
(B)
That the revised policy be the subject of consultation with
Registered Social Landlords operating within the Borough with whom
the Council has nomination arrangements, and that others likely to
be affected by changes to the policy are advised of the revisions;
and
(C)
That delegated authority be granted to the relevant
Director in consultation with the Portfolio Holder for Planning to
agree any further amendments to the policy required as a result of
the
consultation.
Alternative Options:
(a) Continue with the current
Allocations Policy; or
(b) Continue with the current
policy until the impact of the Choice Based Lettings
Scheme is known.
Reasons for the Decision:
(a) The
revised Allocations Policy for Crewe And Nantwich
Borough Council will meet current legislative requirements and
effectively address the needs of housing applicants.
(b) There is a
risk of legal challenge, with associated costs to the Council, if
the policy is not revised to take account of current administrative
arrangements and legislative requirements.
55.
POLLING DISTRICT REVIEW
The Board considered the report of Councillor Margaret Simon,
Portfolio Holder for Customers.
The Electoral Administration Act 2006 required
the Council to conduct a review of its Parliamentary Polling
Districts and Polling Places. The report set out the proposed
review consultation process. Following the consultation the Board
would be asked to consider the draft proposals and make
recommendations to Council for final approval.
DECISION:
(A)
That the Polling District
Review consultation process be approved as set out in the report;
and
(B)
That representations be made
to the Electoral Commission in respect of the requirements for
the Council to carry out the review before the outcome of the
Boundary Review and the decision on Unitary proposals for
Local Government is known.
Alternative Options:
None considered.
Reasons for the Decision:
In compliance with the Review of Polling
Districts and Polling Places (Parliamentary Elections) Regulations
2006, every council in England and Wales must have undertaken and
completed a review of all polling districts and polling places in
its area by 31st December 2007.
56.
PUBLIC ART STRATEGY
The Board considered the report of Councillor Bill McGinnis,
Portfolio Holder for Leisure.
The Cultural Department had secured external
funding from Arts Council England North West to commission an
external consultant to develop a Public Art Strategy for Crewe and
Nantwich Borough Council. The Strategy outlined the
opportunities for public art as part of the major re-development of
the Borough. The report detailed the draft Public Art Strategy.
RECOMMENDATION TO
COUNCIL:
That the Public Art Strategy be
approved for adoption and implementation.
Alternative
Options:
(a) Amend the strategy
and make other recommendations; or
(b) Not accept or
endorse the Strategy.
Reasons for the Decision:
(a)
Crewe and Nantwich
Borough Council commissioned the Public Art Strategy to help
identify opportunities for public art in the
Borough, encourage a commitment by the public and private
sector to procure good design and the imaginative use of
buildings and public open space.
(b) In
compiling this strategy consultation was carried out
with stakeholders, partners and Borough Council Officers and
Councillors to establish the context within which a Public Art
Strategy would operate and to identify current practice, provision
and commissioning within the Borough.
57.
2008/09 BUDGET PREPARATION TIMETABLE
The Board considered the report of Councillor John Hatfield,
Portfolio Holder for Finance.
The report presented the planned timetable for
the 2008/09 revenue and capital budget preparations.
DECISION:
That the 2008/09 Budget Preparation
Timetable be approved.
Alternative
Option:
To amend the Budget Preparation Timetable
2008/09.
Reasons for the Decision:
Determination of the revenue and capital
budgets for 2008/09 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.
58.
CONCESSIONARY TRAVEL
The Board considered the report of Councillor Ray Westwood,
Portfolio Holder for Neighbourhoods.
The report contained details of the new
statutory concessionary bus travel scheme commencing April 2008 and
Members’ views on the current local enhancements to the scheme were
sought.
DECISION:
(A)
That the continuation of collaborative working be
confirmed;
(B) That the half-fare
level of grant for pre 9.30am travel be
retained;
and
(C) That a higher level
of grant to Dial-a-Ride be considered as part of the budget
growth items, taking account of the review of the Dial-a-Ride
service support being conducted by Cheshire County
Council.
Alternative
Options:
There were a number of options outlined in the
report.
Reasons for the Decision:
(a)
Currently all Cheshire authorities together with Halton and
Warrington are working with Cheshire County Council on a consortium
basis to introduce the new scheme. Working as a consortium
has the benefits of shared knowledge and economies of scale and the
County Council has asked for formal approval to continue with this
arrangement.
(b)
Increased bus journeys will reduce reliance on cars and as such
will have a positive effect on the environment.
59.
COMMUNITY TRANSPORT STRATEGY: CONSULTATION
The Board considered the report of Councillor Ray Westwood,
Portfolio Holder for Neighbourhoods.
Crewe and Nantwich Borough Council had been
invited to respond to a Consultation Questionnaire circulated on
behalf of Cheshire County Council which sought views on a draft
Community Transport Strategy for the County. The report
detailed the Council’s proposed response to the
Questionnaire. The deadline for comments was Friday
7th September and a holding response had been submitted
which was subject to Board approval.
DECISION:
That the suggested responses to the
consultation questionnaire be approved.
Alternative
Options:
To amend the response; or not to respond to
the Questionnaire.
Reasons for the
Decision:
(a) Cheshire
County Council is seeking comments on its consultation
exercise.
(b) The draft
document provides the basis for the creation of a Community
Transport Strategy for Cheshire, to be adopted by Cheshire County
Council.
(c) Community
transport services are an important provision for members of the
public who are unable to use local bus services because of
disability, physical or other mobility constraints or due to the
absence of a suitable bus service in the locality.
60.
GRANTS – COMMUNITY GRANT APPLICATION
The Board considered the report of Councillor Ray Westwood,
Portfolio Holder for Neighbourhoods.
The report detailed an application from
Wistaston Green Partnership for start up costs to provide
administrative support to enable this group to become
established.
The Portfolio Holder for Neighbourhoods
(Councillor Westwood) had declared a personal and prejudicial
interest in the application and therefore the application had been
referred to Board, as the body by which the delegation was made,
for a decision.
DECISION:
That a grant of £500 be
awarded to the Wistaston Green Partnership.
Alternative Options:
(a)
Award a grant of a different amount; or
(b)
Decline the application.
Reasons for the Decision:
The grant is within existing budget
provision.
(Note: Having declared a personal and
prejudicial interest Councillor R Westwood withdrew from the
meeting for this item).
61.
COMPREHENSIVE EQUALITY AND DIVERSITY POLICY
The Board considered the report of Councillor Jacquie Weatherill,
Portfolio Holder for Human Resources.
The Comprehensive Equality and Diversity
Policy was an over-arching strategic document, which aimed to
review and achieve a change in the Council’s practices. It
was one of the key requirements for Level 1 of the Equality
Standard for Local Government that local authorities formulate and
adopt a comprehensive equality policy. The report detailed
the Comprehensive Equality and Diversity Policy which would replace
the former Crewe and Nantwich Scheme for Equality.
RECOMMENDATION TO
COUNCIL:
That the appended Comprehensive
Equality and Diversity Policy 2007-2011 and related Equality
Schemes (Race Equality Scheme 2006-2008, Disability Equality Scheme
2006-2009 and the Gender Equality Scheme 2007 – 2010) be
approved.
Alternative Options:
None considered.
Reasons for the Decision:
(a) It is one
of the key requirements of the Equality Standard for Local
Government for Level 1 to formulate and adopt a Comprehensive
Equality and Diversity Policy.
(b) The
strategic framework of separate policies for each equality strand
with an over-arching Equality and Diversity Policy is recognised as
good practice.
62.
EARLY TERMINATION POLICY – DISCRETIONARY COMPENSATORY
PAYMENTS
The Board considered the report of Councillor Jacquie Weatherill,
Portfolio Holder for Human Resources.
The Local Government (Early Termination of
Employment) (Discretionary Compensation) (England and Wales)
Regulations 2006 came into effect on 29th November 2006
but had retrospective effect from 1st October
2006. The report summarised the new regulations and a copy of
the proposed Early Termination Policy was appended to the
report.
DECISION:
That the draft Early Termination
Policy be approved for Trade Union consultation.
Alternative Option:
To amend the policy prior to
consultation with the Trade Unions.
Reasons for the Decision:
(a) The Local
Government (Early Termination of Employment) (Discretionary
Compensation) (England and Wales) Regulations 2006 came into force
on 1st October 2006.
(b) The
Regulations require the Council to adopt and publish a policy
outlining how it will exercise discretion over the payment of
compensation to employees whose contract is terminated early on the
grounds of redundancy.
63.
ESTABLISHMENT OF A CHILDREN’S TRUST
The Board considered the report of Councillor Ray Westwood,
Portfolio Holder for Neighbourhoods.
The Children Act 2004 requires local
authorities to establish Children’s Trusts with local
partners. The Children and Young People’s Partnership was in
the process of developing governance arrangements for the new trust
and it was hoped that a shadow Children’s Trust would be formed by
October 2007.
The report provided details of the draft
Governance arrangements for the Children’s Trust.
DECISION:
(A)
That the latest version of the draft Governance
Arrangements for the Cheshire Children’s Trust be
noted;
(B)
That the following comment be submitted to the Children and
Young People’s Partnership in relation to the governance
arrangements:
That the District Councils should have
Member representation on the Board of the Cheshire Children’s
Trust; and
(C)
That delegated authority be granted to the Assistant Chief
Executive, Community Development and Social Policy (or a nominated
substitute, if the documents were not finalised by the end of
September) in conjunction with the Portfolio Holder for
Neighbourhoods, to endorse/sign up to the final version of the
Children’s Trust Governance Arrangements .
Alternative Options:
Not to endorse the Governance
Framework and not to grant delegated authority.
Reasons for the Decision:
(a) The
Children Act 2004 requires Local Authorities to establish
children’s trust arrangements by 2008. Local
Authorities will lead the establishment of children’s trusts with
local partners. The lead Local Authority in the area has
responsibility for driving these changes and in two-tier areas this
falls to the County Council.
(b) The final
Governance Documents are due to be signed off at the last meeting
of the Children and Young People’s Partnership on 20th
September 2007.
64.
LOCAL GOVERNMENT RE-ORGANISATION
The Board considered the report of Councillor Brian Silvester,
Leader of the Council.
The current consideration of Local Government
Re-organisation had provided opportunities to develop closer
working relationships with Congleton Borough Council which could be
beneficial in providing a basis for improved two-tier working.
The Board considered the recommendations
received from the Organisation Scrutiny Committee and the
Audit Committee in relation to the recommended decision.
Organisation Scrutiny Committee recommended
the following amendments to the decision:
(A) That Board
endorses the approach to collaborative working with all partner
authorities in Cheshire as a basis for two-tier working, with
details being submitted to full Council; and
(B) That recommendation (2) be
deleted.
Audit Committee recommended:
That, in the interests of good governance, Officers and Members
should be
permitted to seek information and guidance, where appropriate, to
all potential outcomes of Local Government
Re-organisation.
DECISION:
(A)
That the Board endorses the approach to collaborative
working with all partner authorities in Cheshire as a basis for
improved two-tier working, with details being submitted to full
Council.
RECOMMENDATION TO
COUNCIL:
(B)
That, in relation to Local Government Re-organisation, full
Council does not give authority for Officers to be involved in
meetings or negotiations, or supplying any information unless
required by Statute, but this does not preclude Officers seeking
information or guidance, where the purpose is the creation of new
unitary authorities in Cheshire.
Alternative Options:
None considered.
Reasons for the Decision:
(a) The
Local Government Re-organisation process has provided an
opportunity to develop close collaborative links with
Congleton Borough Council which will form a solid basis for
developing Improved Two Tier.
(b) The
position and stance of the Council could be undermined if
co-operation and involvement in the implementation work were to
be pursued.
65. POST
OFFICE CLOSURES
The Board considered the report of Councillor Brian Silvester,
Leader of the Council.
The threat of closure of a significant number
of post offices across the UK had been anticipated for some time.
It was understood that an announcement on the proposals affecting
Cheshire was anticipated shortly with a response to consultation
being sought ahead of the next scheduled Board meeting.
DECISION:
(A)
That Board resolve to use all necessary means to mount a
vigorous and effective response to proposed post office closures in
the Borough; and
(B)
That, should consultation timescales dictate, the Chief
Executive, in consultation with the Leader of the Council, be
granted delegated powers to agree the Council’s
response.
Alternative Options:
None considered.
Reasons for the Decision:
(a)
Locally based post office services
support local communities and businesses and reduce the need to
travel.
(b)
Failure to address this issue now
could jeopardise the Council’s ability to mount an effective
response given the anticipated short timescale.
66.
MAINTENANCE OF CLOSED CHURCHYARD, ST BONIFACE’S CHURCH,
BUNBURY
The Board considered the report of Councillor John Hammond,
Portfolio Holder for Local Environment.
The report sought a supplementary capital
budget of £60,000 to carry out essential repairs to the Churchyard
Wall at St Boniface’s Church, Bunbury.
DECISION:
(A)
That a supplementary capital
budget of £60,000 be approved to enable essential repairs to
be carried out to the churchyard wall at St Boniface’s Church,
Bunbury, where that wall adjoins the property known as Stone
Bank Cottage; and
(B)
That compliance with
Regulations as to Contracts be waived to enable the work to be
carried out quickly.
Alternative Options:
None considered.
Reasons for the Decision:
(a) The
Council has a statutory duty to maintain the churchyard and
therefore has no alternative but to stabilise the wall.
(b) The works
are urgent and of a specialised nature.
67.
EXCLUSION OF PRESS AND PUBLIC
RESOLVED: That the press and public be excluded from the
meeting during consideration of the following items pursuant to
Section 100(A)(4) of the Local Government Act 1972 on the grounds
that they involved the likely disclosure of exempt information as
defined in Paragraphs 2 and 3 of Part 1 of Schedule 12A (as
amended) of the Act.
68.
DISCRETIONARY RATE RELIEF APPEAL (PARAGRAPH 3)
The Board considered the report of
Councillor John Hatfield, Portfolio Holder for
Finance.
The report provided details of an appeal received following a
change made to the Council’s Discretionary Rate Relief Policy to
remove 20% discretionary top-up relief to Community Amateur Sports
Clubs which operated a licensed bar.
DECISION:
That the appeal by Weston Cricket
Club be dismissed.
Alternative Options:
(a) To allow the appeal; or
(b) To review the policy.
Reasons for the Decision:
The changes to the Rate Relief Policy were
made to ensure equity between different types of sports clubs (with
and without licensed bars) and Weston Cricket Club has not
demonstrated that its club is significantly different to others
that receive a lower percentage relief.
69.
APPLICATION FOR VOLUNTARY REDUNDANCY (PARAGRAPH 2)
The Board considered the report of
Councillor Jacquie Weatherill, Portfolio Holder for Human
Resources.
The report presented to Members an application for voluntary
redundancy from the Diversity and Freedom of Information
Officer.
DECISION:
That the application for voluntary
redundancy for the Diversity and Freedom of Information Officer be
approved with discretion exercised to award an additional
compensation payment based on a multiplier of x2 to the statutory
redundancy payment (using actual weeks pay) to take effect on
30th September 2007.
Alternative Option:
To amend the proposals.
Reasons for the Decision:
The Local Government (Early Termination of
Employment) (Discretionary Compensation) (England and Wales)
Regulations 2006 gives employers the powers to consider
compensation payments to employees whose employment is terminated
early by reason of redundancy.
70.
STAFFING STRUCTURE (PARAGRAPH 2)
The Board considered the report of
Councillor Jacquie Weatherill, Portfolio Holder for Human
Resources.
The report detailed the proposed revisions
to the staffing structure to enable delivery of the Council’s
Corporate Objectives, taking into account changed
circumstances.
RECOMMENDATION TO COUNCIL:
(A)
That the revised staffing
structure be adopted;
(B)
That all necessary transfers
of powers and duties resulting from changes to the
structure be made;
(C)
That the appointment of the
Strategic Managers be made by a Member Level Panel;
and
(D)
That appropriate Terms of
Reference for the Member Level Panel be approved by
Council.
Alternative Options:
Not to approve or to amend the proposed staffing structure.
Reasons for the Decision:
(a) The
revised staffing structure will ensure that the staff
establishment is ‘fit for purpose’.
(b) The
Corporate Objectives, aimed at delivering sustainability,
are better supported under these new arrangements.
………………………………….Signed