Decisions

Decisions recommendations approved (subject to call-in)

16/10/2017 - Public Space Protection Order - Dog Fouling ref: 2024    Recommendations Approved

The Public Space Protection Order (PSPO) covering the whole of Cheshire East Borough Council would allow a consistent and manageable approach going forward to tackle irresponsible and anti social dog ownership and promote the safe and enjoyable use of our open spaces.

Under the Anti-Social Behaviour, Crime and Policing Act 2014, the Council can make a Public Spaces Protection Order (PSPO) to control certain activities in a specified area if those activities are likely to have a detrimental effect on the quality of life of people in that area. This can include many forms of anti social behaviour, including problems often associated with dogs, for example, dog fouling.

The current situation within Cheshire East to enforce against such issues is based upon legislation that has been repealed or amended since 1996 and in more recent enactments there was a requirement for the Council to introduce orders to cover specific areas. This has led to a complicated system, which following a recent review by Legal Services and Community Enforcement, has led to the agreement to introduce a PSPO. A number of other Local Authorities have already adopted this approach or are currently within the processes to do so.

There are also a number of byelaws within some of our parks and open spaces requesting that dogs are either kept on lead or under control, but most are not enforceable and have led to persistent issues in these areas when a small minority do not act responsibly when exercising their dogs.

The PSPO will allow a consistent and manageable approach going forward.  It will also ensure the message can be linked with our upcoming ‘Dog Watch’ campaigns and continue to be linked in with the ‘Keep Cheshire East Clean – No Rubbish Excuses’ campaign around Engagement, Education and Enforcement.

 

 

 

Decision maker: Cabinet Member for Finance and Communities

Made at meeting: 16/10/2017 - Cabinet Member for Finance and Communities

Decision published: 16/10/2017

Effective from: 24/10/2017

Decision:

That approval be given to the implementation of a Public Space Protection Order (PSPO) from 1st November 2017.


16/10/2017 - Business Rate Revaluation Relief Scheme ref: 2023    Recommendations Approved

A revaluation of all non-domestic properties and new rateable values has taken effect from 1 April 2017. This affects the amount of business rates many businesses across Cheshire East have to pay.  Cheshire East businesses will be paying less overall but there are a number of individual businesses that have seen a significant increase.

 

The Government announced that a number of support schemes would be made available to mitigate the impact on businesses from the revaluation, including a discretionary fund of £300 million to support businesses that faced the most significant increase in their business rates following the revaluation. The Government has asked Councils to use their discretionary powers to award this relief, although making it clear that the additional funding should support smaller businesses. The scheme will run for 4 years from 1 April 2017. 

 

Cheshire East Council will receive £1.3 million over the 4 years of the scheme to award to local businesses. 

 

It is proposed to provide relief to businesses with a rateable value up to and including £100,000.  In 2017/18, the scheme will provide relief for 70% of the increase in rates due to the revaluation. The majority of awards will be granted automatically.  The scheme will provide support to 1,200 Cheshire East businesses in 2017-18, ranging from £50 to £3800 in year 1.  On average, businesses will be awarded £600. The Council will review the % awarded for each new financial year to take account of the funding available from central government and any other national or local factors. 

 

In most cases relief will be awarded automatically, without the need for application.  For those ratepayers who are required to make an application due to state aid implications, applications must be received within the financial year.

 

A Billing Authority is required to consult with major preceptors and the Fire and Rescue Service has been consulted.  Additional engagement has taken place with local Chambers of Trade and the Skills & Growth Company prior to a Portfolio Holder decision. 

 

 

Decision maker: Cabinet Member for Finance and Communities

Made at meeting: 16/10/2017 - Cabinet Member for Finance and Communities

Decision published: 16/10/2017

Effective from: 24/10/2017

Decision:

That approval be given to the Council’s Discretionary Business Rates Relief Scheme.


10/10/2017 - Support for Syrian Refugees and Asylum Seekers ref: 2029    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered an update report on the three programmes under support for Syrian Refugees and Asylum Seekers which were:

§  Syrian Vulnerable Person Resettlement

§  Unaccompanied Asylum Seeking Children

§  Asylum Seeker Dispersal

The report asked Cabinet to agree the next steps in the Asylum Seeker Dispersal programme.

 

The Portfolio Holder for Finance and Communities placed on record his thanks to the Voluntary and Faith Sectors for the contribution they had made.

 

RESOLVED

 

That Cabinet

 

1.    delegates to the Executive Director of People in conjunction with the Executive Director of Place the authority to work both sub-regionally and with the Home Office to consider further this Council’s delivery of the Asylum Seeker Dispersal programme, accounting for the experience and learning from the delivery of Syrian Vulnerable People Resettlement and Unaccompanied Asylum Seeking Children programmes;

 

2.    agrees a commencement date with the Home Office, preferably  January 2018, for the initial delivery of 15-20 properties over a three year period under the Asylum Seeker Dispersal programme, building in an initial review of learning once the programme commences (an agreed phased implementation plan); and

 

3.    the portfolio holders for Finance and Communities, Children and Families and Housing and Planning received reports on programme delivery updates following programme commencement, along with Unaccompanied Asylum Seeking Children and Syrian Vulnerable Person Resettlement updates.

 


10/10/2017 - Safer Parking for Communities around Schools ref: 2027    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered a formal response to the findings and recommendations of the Task and Finish Group on Safer Parking for Communities around Schools.

 

The policy changes proposed by the Group were welcomed. The Council was in the process of refreshing its Local Transport Plan and it was felt that these policies should be considered as part of that work in consultation with the Task and Finish Group. The responses to the Group’s recommendations were set out in full in Section 3 of the report.

 

RESOLVED

 

That Cabinet

 

1.    thanks the Task and Finish Group for their work in reviewing Safer Parking for Communities around Schools;

 

2.    endorses the formal responses, detailed in Section 3 of the report, to the Corporate Overview and Scrutiny Committee recommendations; and

 

3.    authorises the Executive Director of Place in consultation with the Portfolio Holder for Finance and Communities, the Portfolio Holder for Children and Families and the Director of Finance and Procurement to allocate resources and funding from the 2018/19 Local Transport Plan budget to support a Safer Routes to Schools programme and review this for subsequent years.

 


10/10/2017 - Royal London Development Framework ref: 2031    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered a report on a revised Royal London Development Framework to help guide future planning applications for development within the site.

 

As a result of comments received during the public consultation process, a number of changes had been made to the development framework.

 

Councillor R Menlove, as a local ward member for Wilmslow, asked if the framework gave approval to something that was not yet the subject of a planning application. The Portfolio Holder for Housing and Planning responded that the framework was for guidance only. He undertook to confirm this to Councillor Menlove in writing.

 

RESOLVED

 

That Cabinet endorses the revised Royal London Development Framework to help guide future planning applications for development within the site.

 


10/10/2017 - Sale of Land at Longridge, Knutsford ref: 2035    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered the confidential Appendix to the report.

 

RESOLVED

 

That the information contained in the Appendix be noted.

 


10/10/2017 - Sale of Land at Longridge, Knutsford ref: 2034    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered a report on the proposed sale of land at Longridge, Knutsford.

 

The Leader placed on record the receipt of the petition presented earlier in the meeting.

 

The site was allocated to provide approximately 225 dwellings under the Local Plan which was adopted on 27th July 2017. The site was landlocked and could only be accessed via Council land. The Council land comprised a grass verge which was delineated ‘green’ and public open space which was delineated ‘blue’ on the plan at Appendix 1 to the report.The report sought approval for the disposal of part of the public open space to provide access to the site, together with the grass verge.Further details were set out in the report.

 

Additional information was included in an Appendix to the report which contained exempt and would therefore be considered in Part 2 of the agenda.

 

RESOLVED

 

That subject to a consideration of the matters contained in the Part 2 Appendix to this item not altering the views of members reached on this recommendation, Cabinet authorises:

 

(a)  the Executive Director of Place to further explore options for facilitating access to the site over the covenanted “green land” on the enclosed plan and undertake further consultation on the same whilst concurrently;

 

(b)  advertising the intention to dispose of part of the land delineated blue on the enclosed plan and advertising the intention to dispose of the land delineated green on the enclosed plan, both of which are identified as open space, in accordance with the Local Government Act; and

 

(c)  the Portfolio Holder for Regeneration to give due consideration to any representations made in response to the advertised intention to dispose of the stated land (b above) and, in light of the representations received and further work undertaken in respect of (a) above, decide whether or not to dispose of any or all of the green or blue land;

 

(d)  subject to a decision regarding public open space, the freehold disposal of part of the land delineated ‘blue’ for the purposes of providing access to the site and the land delineated ‘green’, on terms to be agreed by the Executive Director for Place in consultation with the Director of Legal Services, the Section 151 officer, the Cabinet Member for Finance and Communities, and the Cabinet Member for Regeneration;

 

(e)  the completion of any other ancillary legal documentation (inclusive of, but not exclusive to, licence agreements and easements) over the land delineated ‘blue’ and ‘green’ in conjunction with the disposal of the land; and

 

(f)   so far as is reasonably possible, bearing in mind the size and proposed use of the site, that reasonable endeavours be used to minimise the land take for the access road.

 


10/10/2017 - Everybody Sport & Recreation Annual Performance Report 2016 - 17 ref: 2032    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered the Annual Performance Report from “Everybody Sport & Recreation” for the financial year 2016-17 in respect of the delivery of a leisure service on behalf of the Council.

 

The Annual Report demonstrated the successes that had been achieved by the Trust within in its third year of trading. The Chairman of the Trust, Councillor Andrew Kolker, and its Chief Executive Officer, Peter Hartwell, attended the meeting to present the report and answer questions.

 

RESOLVED

 

That Cabinet notes the progress made by the Trust in its third year of trading as an independent Charitable Trust, including the performance information provided in the Annual Report to ensure that the maximum benefits and required outcomes for the residents of Cheshire East are being achieved.

 


10/10/2017 - Education Travel Policy ref: 2028    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered a report seeking approval to consult on Education Travel Policy.

 

A review of the existing transport policy had been undertaken to ensure that the Council provided transport in accordance with its statutory duties.  This would result in savings which would contribute to the proposals approved within the medium term financial plan. Consultation would be undertaken to determine where there was a business case to support discretionary travel.

 

RESOLVED

 

That Cabinet approves

 

1.    the formal consultation in line with the timeline at Appendix 1 to the report regarding:

§  compulsory school aged policy and

§  post 16 policy

 

2.    the subsequent consultation on Post 16 Travel Policy following engagement with Post 16 providers in line with Appendix 2.

 


10/10/2017 - Crewe Hub Consultation - Cheshire East Response ref: 2030    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered a report on the Council’s response to the Government’s consultation on options for the Crewe Hub.

 

On the 17th July 2017 the Government had launched a consultation document “Crewe Hub Consultation – Moving Britain Ahead” which set out three scenarios for a Crewe Hub Station:

 

§  Scenario 1 – Crewe Hub route serving Stoke-on-Trent (through splitting and joining one train per hour)

 

§  Scenario 2 – Crewe Hub route serving Stoke-on-Trent and upgrading capacity (through splitting and joining two trains per hour)

 

§  Scenario 3 – Crewe Hub with a new northern junction (which is in addition to Scenario 2) and allowing for high speed services to Manchester and Birmingham.

 

The report sought Cabinet approval of the Council’s response to the consultation included in Appendix 1.

 

Cabinet welcomed the Crewe Hub consultation and the inclusion of the option for a northern junction in Scenario 3 providing the infrastructure needed to allow Crewe to have direct HS2 services to Manchester and Birmingham as well as London. It was felt that only Scenario 3 was capable of delivering the transformational growth ambitions of the Crewe Masterplan and Growth Strategy for the Constellation Partnership area.

 

The Environment and Regeneration Overview and Scrutiny Committee had considered the report at its meeting on 19th September 2017. The Committee had supported the proposed response and had highlighted the following points:

§  That only the third Train Service Scenario, providing a rail hub capable of serving 7 stopping HS2 trains per hour would provide the required infrastructure.

§  That freight services need to be considered as additional capacity is required.

§  That MPs should be lobbied to ensure that they are fully supportive of the proposals.

§  That any proposals should not result in a reduced classic rail service.

 

RESOLVED

 

That the proposed consultation response on the Crewe Hub options as set out in Appendix 1 to the report be approved.

 


10/10/2017 - Apprenticeship Levy Procurement Framework ref: 2033    Recommendations Approved

Decision maker: Cabinet

Made at meeting: 10/10/2017 - Cabinet

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

Cabinet considered an update on the way forward for the procurement of apprenticeship training provision across the Council, ASDVs and maintained schools.

 

The proposal was to develop a preferred supplier list in partnership with Stockport Metropolitan Borough Council and potentially Cheshire West and Chester Borough Council. This was considered to be an effective and efficient method for the procurement of training providers and would benefit from economies of scale, the sharing of the administrative burden and an opportunity to develop cohorts of apprentices across the three local authorities that would benefit from an improved learning experience at a reduced cost.

 

RESOLVED

 

That Cabinet

 

1.    approves the development of a preferred supplier list, in partnership with Stockport Metropolitan Borough Council and potentially Cheshire West and Chester Borough Council (subject to Cheshire West and Chester Borough Council internal approval being sought), for the delivery of apprenticeship levy funded training across the three Councils, any ASDVs and maintained schools via a formal OJEU tendering process, the intention being that Cheshire East Council will act as the lead authority on this work;

 

2.    delegates authority to the Head of Strategic HR, in consultation with the Portfolio Holder for Corporate Policy and Legal Services, to award and enter into contracts with the successful providers following a fully compliant OJEU procurement exercise for contract periods covering an initial period of 3 years with the option to extend the contract for a further 1 year (total 4 years); and

 

3.    authorises the Head of Strategic HR, in consultation with Portfolio Holder for Corporate Policy and Legal Services to take all necessary actions to implement the proposal.

 


13/10/2017 - Buerton Neighbourhood Plan ref: 2020    Recommendations Approved (subject to call-in)

The Buerton Neighbourhood Development Plan (BNDP) was submitted to the Council in June 2017 and, following a statutory publicity period, proceeded to Independent Examination.  The Examiner’s report has now been received and recommends that, subject to some modifications, the Plan should proceed to referendum.

The Council must now consider the recommendations of the Examiner and decide how to proceed.

The Council is committed to supporting neighbourhood planning in Cheshire East.  It has a legal duty to provide advice and assistance on neighbourhood plans, to hold an independent examination on neighbourhood plans submitted to the Council and to make arrangements for a referendum following a favourable Examiner’s Report. 

Subject to the modifications set out in the Examiner’s Report, the BNDP is considered to meet the statutory basic conditions and procedural requirements set out in Schedule 10, paragraph 8, of the Localism Act and as such it can now proceed to referendum.

 

 

Decision maker: Cabinet Member for Housing and Planning

Made at meeting: 13/10/2017 - Cabinet Member for Housing and Planning

Decision published: 13/10/2017

Effective from: 21/10/2017

Decision:

That approval be given to the Examiner’s recommendations to make modifications to the Buerton Neighbourhood Development Plan (BNDP), as set out in the Examiner’s Report and it be confirmed that it will now proceed to referendum in the Buerton Neighbourhood Plan area.