Issue - meetings

To consider a report on Waste PFI.

In accordance with Access to Information Procedure Rule 14, it was noted that this matter had not been considered in the Forward Plan of Key Decisions to be taken between 1 January and 31 March 2011 as prompt action was required in order to meet the deadline for proceeding and it would be impractical to defer the decision until it could be included in the next Forward Plan. 

In addition it had been agreed that the decision would be considered as urgent for the purposes of Scrutiny Procedure Rule 13 on the basis that any delay caused by the call-in process would result in the Council being out of time and unable to issue proceedings.

The Cabinet Member for Procurement, Assets and Shared Services considered a report on the Waste PFI project.

In October 2010, as part of the Comprehensive Spending Review, Defra had announced the withdrawal of PFI credits from 7 projects for the construction and operation of waste processing facilities.  The Cheshire Waste Treatment Project, jointly procured by Cheshire West & Chester and Cheshire East Councils, was one of the projects from which support was withdrawn.  The Councils had been at an advanced stage in the process, having selected a provisional preferred bidder and submitted a final business case to Defra.

The Cabinet Member for Procurement, Assets and Shared Services was asked to determine if legal proceedings should be issued to challenge Defra’s decision to withdrawn the PFI credits.

RESOLVED:

That Judicial Review proceedings be issued to challenge Defra’s decision to withdraw PFI credits in relation to the Cheshire Waste Treatment Facility, subject to Cheshire West & Chester Council making a similar decision.