Agenda and minutes

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda.

No interests were declared.

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the meeting. Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

There were no members of the public present.

To consider a report seeking authority for publication of a notice of intention to appropriate land at the Council Offices site at Remenham, Wilmslow for parking purposes and, subject to the receipt of objections in response to the notice, to appropriate the land accordingly.

The Cabinet Member for Prosperity considered a report seeking authority for publication of a notice of intention to appropriate land at the Council Offices site at Remenham, Wilmslow for parking purposes.

The proposal would enable the Council to control parking through civil enforcement to avoid misuse, increase the available public off-street parking in this part of Wilmslow, and secure an income for the Council from the asset.

RESOLVED

That the Cabinet Member for Prosperity approves that

(1)   the Borough Solicitor, or officer acting on her behalf, be authorised to publish a notice of intention to appropriate land at the Council Offices site, Remenham, Wilmslow (shown edged red on the plan at Appendix A to the report) for the purposes of section 32 of the Road Traffic Regulation Act 1984 (‘the 1984 Act), i.e. parking purposes;

(2)   in the event that no objections to the proposed appropriation are received within the consultation period (or if received are withdrawn), on the day immediately following the last date for receipt of objections specified in the public notice, the land be appropriated accordingly;

(3)   if objections to the proposed appropriation are received, the objections be referred for consideration to a subsequent meeting of the Cabinet Member.

To consider a report proposing the amendment of the Macclesfield Borough Council (Off Street Parking Places)(Civil Enforcement and Consolidation) Order 2008 (‘the Order’) the effect of which will be to introduce control and charging to the car park to be known as the Remenham Car Park, Chapel Lane, Wilmslow.

The Cabinet Member for Environmental Services considered a report proposing the amendment of the Macclesfield Borough Council (Off Street Parking Places)(Civil Enforcement and Consolidation) Order 2008 (‘the Order’) the effect of which would be to introduce control and charging to the car park to be known as the Remenham Car Park, Chapel Lane, Wilmslow.

The proposal to introduce charging for parking and control at the site through civil enforcement should help to ensure that the site was not misused, to increase available public off street parking in this part of Wilmslow, and to secure an income for the Council from the asset.

When the site was vacated, there was a distinct risk that current customers of public car parks in the town centre would seek to transfer to Remenham to avoid paying charges. The site could accommodate a minimum of 57 vehicles which, if parking all day, represented lost income from other car parks of at least £50,000 per annum.

The proposed charges for the use of the car park were revised at the meeting to a scale considered more appropriate for a car park of this type.

RESOLVED

That the Cabinet Member for Environmental Services approves that

(1)   subject to (a) statutory consultation; (b) the appropriation of the Land for parking purposes; and (c) the grant of any planning consent required, a proposed amendment to the Macclesfield Borough Council (Off Street Parking Places)(Civil Enforcement and Consolidation) Order 2008 (‘the Order’) be approved, the effect of which would be to make provision for control and charging for parking on land known as the Remenham Car Park, Chapel Lane, Wilmslow shown edged in red on the plan annexed to the report (‘the Land’) as follows:

(a)   that the charges payable in connection with the use of the Parking Place (Monday to Saturday between the hours of 8.00 am and 6.00 pm) would be:

(b)   that the hours of operation of the Parking Place would be all days and all hours;

(c)   that the Parking Place may be used by the following classes of vehicles: (i) motor cars (within the provisions of section 136(2) of the Road Traffic Regulation Act 1984 (‘the 1984 Act’)); (ii) motor cycles (as defined by section 136(4) of the 1984 Act); (iii) other motor vehicles (of a gross weight not exceeding 3.5 tonnes); (iv) invalid carriages (as defined by section 136(5) of the 1984 Act);

(2)   the Borough Solicitor, or officer acting on her behalf, be authorised to publish a notice of proposals in relation to the proposed amendment order, with any objections to be made within the statutory consultation period of twenty-one days. In the event that objections are received, for these to be referred back to the Cabinet Member for consideration at a future meeting;

(3)   in the event that no  ...  view the full minutes text for item 4.

The reports relating to the remaining items on the agenda have been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded.

The Committee may decide 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 involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

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 involve the disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

To consider a report that seeks approval for the granting of leases in respect of the three children’s daycare nurseries.

The Cabinet Member for Prosperity considered a report seeking approval for the granting of leases in respect of the three children’s day care nurseries.

The previous service provider and lease holder had ceased their operations due to financial difficulties. The Council had stepped in to provide Nursery Education Entitlement only to 2, 3 and 4 year olds during the interim until a tender exercise could be undertaken to appoint a new operator. During this time no other services, such as places for 0-2 year olds, full day care or crèche facilities were available. Safehands had submitted the successful tender and were currently providing full private nursery services at the 3 children’s centre nurseries occupying the premises under tenancies at will until such time as the 9 year leases were completed.

The Cabinet Member for Children and Family Services, who was present at the meeting, supported the proposal.

Local Ward Member Councillor Dorothy Flude, who had been unable to attend the meeting, had submitted comments on the proposal which were reported at the meeting. The Cabinet Member for Prosperity undertook to respond in writing to Councillor Flude.

RESOLVED

That the Cabinet Member for Prosperity approves that 9 year leases be entered into with Safehands Network Limited in respect of the children’s centre nurseries at Monks Coppenhall Children’s Centre, The Brooks Children’s Centre (formerly Pebble Brook) and Oak Tree Children’s Centre (formerly Underwood West), the leases to be subject to such terms and conditions as are determined by the Assets Manager and Borough solicitor.

To consider a report which seeks approval to a number of land transactions on the Macclesfield Learning Zone

The Cabinet Member for Prosperity considered a report seeking approval to complete a number of outstanding land transfers and legal agreements in respect to the Macclesfield Learning Zone Project.

To fully cover the statutory Foundation, voluntary aided/voluntary controlled and Academy school transfers, the report sought to regularise the position and provide a blanket approval to all statutory transactions and provide the Assets Manager and Borough Solicitor with the necessary delegation and consent to complete the land transfers and ancillary legal agreements.

The Cabinet Member for Children and Family Services, who was present at the meeting, supported the proposal.

RESOLVED

That the Cabinet Member for Prosperity approves that

(1)   the proposed land transfers, as shown on the revised plan circulated at the meeting, and the necessary legal agreements, including 125 year lease for the transfer of the Macclesfield High School to Academy status, as detailed within the report, be approved;

(2)   any subsequent legal agreements required in order to finalise the original scheme under the over arching agreement, dated 17 February 2006, in relation to the Macclesfield Learning Zone, be approved for completion on terms and conditions to be agreed by the Borough Solicitor and Assets Manager; and

(3)   the additional blanket approval regarding Foundation, Academy and voluntary aided/voluntary controlled, statutory school freehold and 125 year leasehold transfers and all ancillary legal agreements, as detailed within the report, be approved.

To consider a report on the disposal of land at Town Hall, Macclesfield

The Cabinet Member for Prosperity considered a report on the disposal of land at Town Hall, Macclesfield.

The land currently formed part of the car park at Macclesfield Town Hall and therefore lent itself to the provision of car parking for the residents of the properties at 9-17 Churchside, Macclesfield once those properties had been refurbished.

The provision of car parking for the benefit of tenants of the new development enhanced the marketability of 9-17 Churchside for affordable housing.

There was a need for affordable housing across Cheshire East and there were not sufficient market-led proposals coming forward to meet that need.

RESOLVED

That the Cabinet Member for Prosperity approves that

(1)   the land forming part of the car park at Macclesfield Town Hall as shown hatched on the plan attached to the report be declared surplus to requirements by Cheshire East Council and disposed of for the provision of affordable housing on terms and conditions to be determined by the Borough Solicitor and Assets Manager; and

(2)   the land be incorporated within the curtilage of the properties known as 9-17 Churchside, Macclesfield which the Council is bringing to market for refurbishment to provide 5 units of Affordable Housing for rent within the  Strategic Housing Development Programme.

To consider a request for the purchase of a strip of land adjacent to 8 Tanglewood Drive, Tytherington

The Cabinet Member for Prosperity considered a request for the purchase of a strip of land adjacent to 8 Tanglewood Drive, Tytherington.

The applicants wished to buy the land to extend the size and regularise the shape of their garden. The land was located on the perimeter of Tytherington Woods and extended to 28.43 sq m/ 306 sq ft. It formed part of a larger area of public open space between the woods and the housing estate. The Health and Wellbeing Service had confirmed that the land in question was surplus to requirements and could be sold.

Under the Local Government Act 1972 the Council was required to advertise the disposal of public open space for a period of two consecutive weeks in the local press after which the Portfolio Holder had the option to reconsider his decision.

RESOLVED

That the Cabinet Member for Prosperity approves that the land adjacent to 8 Tanglewood Drive, Tytherington as shown on the plan attached to the report be disposed of to the applicants on terms and conditions to be determined by the Assets Manager and the Borough Solicitor.

To consider a report on the process undertaken by the Council in order to select a tenant for Malkins Bank Golf Course

The Cabinet Member for Prosperity considered a report on the selection of a tenant for Malkins Bank Golf Course.

Following a soft market testing exercise in 2010, the Council had sought offers to take a lease of Malkins Bank Golf Course and on-site buildings via a 50 year lease agreement. A tender exercise had been conducted with offers to be submitted to the Council by 24^th June 2011. RM Estates had been selected as the preferred bidder.

RESOLVED

That the Cabinet Member for Prosperity approves that a 50 year lease of Malkins Bank Golf Course be granted to RM Estates Ltd on the terms and conditions set out in the report, subject to such other terms and conditions as may be determined by the Assets Manager and the Borough Solicitor.

To consider a report on the proposed acquisition of land and rights to facilitate the construction of a new cycle path and footway, Connect 2 Greenway.

The Cabinet Member for Prosperity considered a report on the proposed acquisition of land and rights to facilitate the construction of a new cycle path and footway, Connect 2 Greenway.

The majority of land identified for the Connect2Greenway scheme was in Cheshire East Council ownership. Construction on the Council-owned land had commenced in 2009, with large sections of the cycleway and footpath now completed and open to the public. The land and rights currently in third party ownership had to be acquired to enable the continuation and completion of the Greenway link.

Consultation with the landowner was at an advanced stage with terms agreed subject to contract. The Public Rights of Way Committee had agreed to the proposal to acquire rights over the Beamheath Trust-owned land to enable the creation of a bridleway under section 25 of the Highways Act 1980 at its meeting of 10^th June 2010.

The Officers reported at the meeting that planning permission for the next stage of the Greenway had now been granted.

RESOLVED

That the Cabinet Member for Prosperity approves

(1)   the acquisition of the freehold of approximately 157 sq m of land in private ownership, as shown on the plan circulated with the report, on terms to be agreed by the Assets Manager, to facilitate the construction of part of the Connect2Greenway cyclepath and footway, linking Sainsbury’s roundabout in Nantwich to Wistaston Road in Crewe; and

(2)   the acquisition of rights over approximately 9,660 sq m of land owned by the Beamheath Trust, as shown on the plan, on terms to be agreed by the Assets Manager, to enable the creation of a bridleway under Section 25 of the Highways Act 1980 in connection with the construction of part of the Connect2Greenway cyclepath and footway, linking Sainsbury’s roundabout in Nantwich to Wistaston Road in Crewe.