Issue - meetings

The Sub-Committee considered the further advice of counsel relating specifically to the transfer of assets and services to the proposed Crewe parish council.

The Local Government and Public Involvement in Health Act 2007 gave a principal council the power to include within a reorganisation order provisions for the transfer of assets and functions to a new parish council. However, such powers had to be exercised rationally, taking into account all relevant considerations such as the parish council’s ability and willingness to manage an asset or provide a service.

Counsel had also commented in particular on the transfer of allotments and public conveniences. It was counsel’s view that Cheshire East Council would be required to transfer any allotments it held to the new parish council and to make provision for their administration in the budget for the new council. The position in relation to the transfer of public conveniences was different and the Council would have to make a decision on whether it would be reasonable to make such a transfer. In so doing, the Council would need to take into account the condition and maintenance costs of conveniences.

Having considered the advice of counsel, the Sub-Committee proceeded to consider the implications for the transfer of assets and in particular public conveniences and allotments.

It was noted that the public conveniences in Lyceum Square, Crewe were fairly new and in a good state of repair. It was suggested that these toilets could be transferred on the basis that Cheshire East Council remained responsible for their management for an initial period of three months.

RESOLVED

That it be recommended that the public conveniences in Lyceum Square, Crewe be transferred to the new parish council with effect from 1^st April 2013 but Cheshire East Council continue to manage the facilities for the first three months; a sum of £30,000 be included in the budget for the first year of the parish council to cover the cost of managing these assets. 

At this point, Councillors Cartlidge and Hogben, having declared disclosable pecuniary interests as allotment holders earlier in the meeting, left the meeting.

Members noted the legal advice that allotments must transfer to the new parish council. Members felt however that there was a need to protect the future use of the sites which could be done by transferring the leasehold only.

RESOLVED

That it be recommended that the allotments within the unparished part of Crewe be transferred to the new parish council with effect from 1^st April 2013 on the basis of a 150 year lease; a sum of £30,000 be included in the budget for the first year of the parish council to cover the cost of managing these assets. 

In taking this decision, and whilst acknowledging the need to comply with the requirements of the new Member Code of Conduct, the Members present, all being Conservative, expressed concern that the two Labour Members at the meeting had been excluded during the consideration of the allotments and the decision  ...  view the full minutes text for item 59