Decision details

(Councillors D Brown and S Jones had both declared a personal interest in this item.)

Consideration was given to the progress of negotiations with participating local authorities regarding the transfer of assets and services designed to maximise the local focus of service delivery and give each Town and Parish Council an increasingly important role in deciding what should be delivered in its locality and how it would be best delivered.

Eight Town Councils and eighteen of the larger Parish Councils were now ready to discuss the potential transfer of assets and services the discussions on which were at an advanced stage.  It was, however, stressed that this was an ongoing process and that all parishes were welcome to discuss ideas for service delivery or transfer of assets as they arose.

The report set out the current proposals for the transfer of assets and services starting from 2012 although it was recognised that it might be some time into the next financial year before the transfer took place for more complex assets.  Members were asked to note that the public conveniences in the France Hayhurst Pavilion, Middlewich had been included on Appendix A in error and they were not to be included in the transfer process.

Visiting Councillors expressed concerns regarding the proposed financial support for the Town Centre Managers in Crewe and Macclesfield, the opportunity for double taxation on a range of transferred services, the need for openness and transparency regarding the precepts that might be levied by Town and Parish Councils, the intention to take the current financial reserves of existing Town and Parish Councils into account, and the proposal to apply a period of 25 years to any overage clauses. 

The Chairman stressed that negotiations on all these matters were ongoing and that approval of the recommendations contained in the report were the start of the process; discussions would continue to seek to achieve a satisfactory outcome.

RESOLVED

1.      That delegated authority be given to the Strategic Director (Places and Organisational Capacity), to the Section 151 Officer, and to the Monitoring Officer, to finalise agreed legal and financial terms for a package of transfers (or leases) of the assets and functions contained in Appendix A of the report, with the exception of the public conveniences in the France Hayhurst Pavilion, Middlewich, with a view to transfer taking place by April 2012 or as soon as possible following that date where that is agreed by both parties.

2.      That the legal terms include those points listed in section 10.12 of the report. Both parties will be expected to complete negotiations in a reasonable timeframe. It is anticipated that Civic Halls and Community Centres will be by freehold transfer for disposal at a nominal value and that, in negotiation, both parties will agree on either a transfer or a lease arrangement for the Markets and Public Conveniences with allotments likely to be transferred by way of a long lease.

1.      That the contents of Appendix B of the report be noted.  At this stage these assets are not approved for transfer but will be reviewed on a case by case basis as part of the overall package to transfer. Such decisions to be delegated to the relevant portfolio holder(s).  An initial analysis of these assets indicates that a number of them will not be suitable for transfer.    

2.      That approval be given to the transfer of “other services” as listed in section 10.4 of the report.

3.      That the potential overall financial implications of the implementation of this policy and the potential impact on precept levels and on Cheshire East’s budget be noted. 

4.      That the new delivery model for Town Centre Management, ad detailed in section 10.7 of the report, be noted.

5.      That the position in the un-parished areas of Crewe and Macclesfield, and in newly parished Wilmslow as detailed in section 10.8 – 10.10 be noted.

6.      That it be noted that additional support costs in property and legal services will be funded from the Ear Marked Reserve.

7.      That the terms of transfer and implications be discussed with both the District Valuer and the External Auditor to ensure their relevant feedback is reflected in the agreements.

8.      That the joint Officer/ member working group be thanked for its work which has been instrumental in achieving the progress to date; and that in line with the reports recommendations, and the fact that negotiations are at an advanced stage, it was considered that the group should no longer continue in its current form and therefore be dissolved.