Agenda and minutes

Council
Thursday, 28th July, 2016 2.00 pm

Venue: The Ballroom, Sandbach Town Hall, High Street, Sandbach, CW11 1AX. View directions

Contact: Julie North  Senior Democratic Services Officer

Items
No. Item

27.

Prayers

Minutes:

The Mayor’s Chaplain said prayers, at the request of the Mayor.

28.

Apologies for Absence

29.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Minutes:

With reference to item 10 - Recommendation from the Constitution Committee - Scheme of Members Allowances: Report of the Members Allowances Independent Remuneration Panel, the Head of Legal Services and Monitoring Officer stated that, in 2012, the Audit and Governance Committee had granted all Members a dispensation to enable them to take part in the debate and vote on items relating to Members Allowances. However, it was for each individual Member to determine if they wished to declare an interest.

 

There were no declarations of interest under this item. However, Cllr S Hogben had declared an interest immediately before the above item was considered, as recorded at minute 36.

 

30.

Minutes of Previous meetings pdf icon PDF 90 KB

To approve the minutes of the Annual Meeting of Council and the Special Meeting of Council held on 11 May 2016 as a correct record.

Additional documents:

Minutes:

RESOLVED

 

That minutes of the Annual Meeting of Council and the Special Meeting of Council held on 11 May 2016 be approved as a correct record, subject to an amendment to minute 17 of the Annual meeting to state that Cllr C Browne had been nominated as Vice-chairman of the Northern Planning Committee and not Chairman and to note that Cllr S McGrory was present for the afternoon session of the meeting.

31.

Mayor's Announcements

To receive such announcements as may be made by the Mayor.

Minutes:

The Mayor:-

1.    Announced that her first duty at the meeting was a very pleasurable one, and that was to present two of the Borough’s local Councils; Holmes Chapel and Knutsford, with National Association of Local Councils Gold Awards. There were only a handful of Town and Parish Councils across the country that had reached this standard. To gain a Gold Award, a local Council must demonstrate that they were at the forefront of best practice and that that they had achieved excellence in governance, community leadership and community development. She invited Cllr Stephen Granger, of Holmes Chapel Parish Council and Cllr Jan Nicholson, Mayor of Knutsford to step forward to receive the award on behalf of their respective Councils. They were accompanied by Mr Philip Jackson from the Cheshire Association of Local Councils.

2.    Announced that, since Mayor Making the Deputy Mayor and herself had attended over 90 events, representing the Council and where appropriate “flying the flag” for Cheshire East. As was the custom, a list of these events had been circulated around the Chamber.

3.    Referred to the recent event that Cheshire East organised to commemorate the centenary of the first day of the Battle of the Somme. It had been her privilege to welcome the Lord Lieutenant to Nantwich to the event, that had been extremely well attended and included the participation of over 200 children from local schools. She considered it right and proper that events of a hundred years ago should be remembered and she was pleased that the Cheshire East Reflects programme, launched in 2014, was helping to do this so effectively.

4.    Stated that, during her year as Mayor, she was keen to meet as many residents and businesses as possible. She had recently written to all Members, asking that they nominate a small number of volunteers from their wards for her to invite to afternoon tea in, either the Mayor’s parlour in Crewe or Macclesfield. She thanked those Members who had sent nominations so far and encouraged those who had not responded to do so.

5.    Announced that she had hosted her first two afternoon teas, which had reaffirmed her conviction that Cheshire East was blessed with a vibrant voluntary sector. She would be hosting these teas on a regular basis over the coming months.

6.    Announced that, on the 1st of July, a delegation from Sixian County, in China, had visited South Cheshire College in Crewe.  Cllr Margaret Simon, on behalf of Cheshire East Council and as a Governor of the College, had signed a friendship agreement with the leaders of the delegation. Whilst very different to the more traditional twinning agreements, and having no financial implications, the agreement aimed to enhance mutual understanding and friendship between the Chinese and British people. She invited Members to view two wonderful ceremonial scrolls, presented by the Chinese delegation who had visited Cheshire East, which were on display by the entrance to the Chamber. Having consulted with Cllr Simon, it was her  ...  view the full minutes text for item 31.

32.

Public Speaking Time/Open Session

In accordance with Council Procedure Rule 35 and Appendix 7 to the rules, a total period of 15 minutes is allocated for members of the public to speak at Council meetings. 

 

Individual members of the public may speak for up to 5 minutes, but the Chairman 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 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. It is not a requirement to give notice of the intention to make use of public speaking provision. However, as a matter of courtesy, a period of 24 hours notice is encouraged.

Minutes:

Alderley Edge Parish Councillor, Mike Taylorson used public speaking time to present and speak to a petition on behalf of the residents of Windermere Drive, Redesmere Drive, Grasmere Road, Thirlmere Close, Eaton Drive,  Meadows Brow, Meadscroft Drive, Sutton Drive, Haddon Close, Wilton Crescent and Aldford Place, Alderley Edge. The petition requested the introduction of a three-hour waiting limit for vehicles parked on these roads, enforceable between 8am - 6pm, Monday to Friday. It has been signed by 88% of the 30,000 households on these residential streets.

 

The Mayor received and  thanked Parish Councillor Taylorson for the petition.

 

Mrs Sue Helliwell used public speaking time to thank all the officers involved in the recent appeal on land off Hassall Road Alsager, which had been dismissed.

 

The Leader of the Council thanked Mrs Helliwell for her comments and stated that she recognised that there was still a lot of important work to do in order to defend the Green Belt.

 

Mr Ted Wall used public speaking time to speak in respect of agenda item 11 on the agenda, relating to the Report of the Members Allowances Independent Remuneration Panel onMembers Allowances.

33.

Recommendation from Cabinet - Congleton Link Road Funding Strategy pdf icon PDF 48 KB

To consider the recommendation from Cabinet.

Additional documents:

Minutes:

Consideration was given to the recommendation from Cabinet  concerning the funding strategy for Congleton Link Road. The Cabinet report outlined the anticipated cost of the scheme, identified the provisional allocation of central government funding and predicted a level of contribution from the owners of land unlocked by the link road. It also asked Cabinet to approve, in principle, the underwriting of any remaining funding gap.

 

Council was required to approve the necessary adjustment to the scheme budget profile and Cabinet had recommended to Council that the scheme budget profile be adjusted accordingly in the Council’s capital programme.

 

RESOLVED

 

That the scheme budget profile be adjusted accordingly in the Council’s capital programme.

 

 

 

34.

Recommendation from Cabinet - Final Outturn Review of Performance 2015/16 pdf icon PDF 64 KB

To consider the recommendation from Cabinet.

Additional documents:

Minutes:

Consideration was given to the recommendation from Cabinet in respect of the 2015/16 Final Outturn Review of Performance.

 

Cabinet had recommend that Council approvefully funded supplementary capital estimates and virements above £1,000,000 in accordance with  Finance Procedure Rules (Appendix 7 of the Cabinet report); and the establishment of earmarked reserves for Transforming Services and the Royal Arcade (Appendix 12 of the Cabinet report).

 

RESOLVED

 

1.    That the fully funded supplementary capital estimates and virements above £1,000,000, as set out in Appendix 7 of the Cabinet report, be approved, in accordance with the Council’s Finance Procedure Rules.

 

2.    That the establishment of earmarked reserves for Transforming Services and the Royal Arcade, set out in Appendix 12 of the cabinet report, be approved.

 

35.

Leader's Announcements

To receive such announcements as may be made by the Leader.

 

Minutes:

The Leader of the Council:-

 

1.    Referred to the European Referendum result and stated that she  welcomed the new Prime Minister and her Cabinet. She also welcomed the fact that George Osborne MP would now have the opportunity to spend more time in his Tatton constituency.

 

2.    Reported that the Local Plan had again been consulted upon and that the examination was due to commence on 13 September 2016.

 

3.    Reported that the Council had recently been ‘given leave’ to go the Supreme Court to present the case for an appeal at Moorfields, Willaston.

 

4.    Referred to an application on a brownfield site in Mobberley, where an appeal for residential development and employment had recently been dismissed due to the proximity of the flightpath at Manchester Airport and that external noise levels would be harmful for future residents. She felt this had been achieved through the joint working of the local authority and the community.

 

5.    Reported that, at the July meeting of Cabinet, approval had been given for options for the Crewe Green Roundabout preliminary designs.

 

6.    Reported that the decision in respect of preferred location for the HS2 hub was awaited.

 

7.    Reported that the Planning application for the Poynton relief road was due to be submitted shortly.

 

8.    Reported that the Housing Options Team had undertaken a peer review of the Housing Advice and Homelessness Services and had scored 68% on the review, which was one of the highest scores nationally. This meant that they could now progress to working towards achieving the National Gold Standard in Housing advice and Homelessness Services.

 

9.    Reported that the Cheshire East Catering Service had received gold status, meeting the highest possible standards of the ‘food for life’ catering mark awarded by the Soil Association.

 

10. Referred to the recently held Safeguarding Conference and stated that Borough’s schools had embraced the opportunity to attend. The conference had talked about the fact that young people had been able to share ideas that and this should be celebrated.

 

11. Welcomed the news that AO.com had extended from their existing site at Weston Road, Crewe, creating 80 additional jobs and reported that she had attended the grand opening ceremony on 4 July.

 

12. Reported that Informal Cabinet and recently considered a report concerning the setting up of a Skills and Growth Company, whereby a sample of local businesses had been selected to look at the potential impact of Brexit on Cheshire East.

 

13.Referred to the weekend of commemorative activities which had taken place to mark the first anniversary of the devastating accident in Bosley. She had attended a Sunday service, which had provided an opportunity for reflection on the devastating impact of the explosion on lives; to remember loved ones and friends who lost their lives and to give thanks for all those who had shared the journey. Representatives from various agencies involved in dealing with the disaster had taken part in the various activities, including Cheshire East Council officers,  ...  view the full minutes text for item 35.

36.

Recommendation from the Constitution Committee- Scheme of Members Allowances: Report of the Members Allowances Independent Remuneration Panel pdf icon PDF 64 KB

To consider the recommendation from the Constitution Committee.

Additional documents:

Minutes:

The Constitution Committee, at its meeting on 15 July 2016, had considered the report of the Independent Remuneration Panel on the Scheme of Members’ Allowances.

 

The Independent Remuneration Panel had conducted a review of the current Scheme of Members’ Allowances. To inform its review, the Panel had considered comparative data on allowances paid in the CIPFA family of authorities of which Cheshire East was part. The Panel had also met members from the different political groups and received briefings from officers of the Council.  A copy of the Panel’s Report was attached as Appendix A to the Constitution Committee report.

 

The Constitution Committee had proposed a number of recommendations to Council. In proposing the recommendations of the Constitution Committee, the Chairman of the Committee thanked Professor Steve Leach, Chairman of the Independent Remuneration Panel and all those Members involved for their work in respect of this matter.

 

The Mayor reported that she proposed to deal with each individual recommendation sequentially and each individual recommendation was, therefore, voted on separately, and:-

 

RESOLVED

 

1.    That the Independent Remuneration Panel’s (IRP) report be noted, and that the IRP members be thanked for their work on the Scheme of Members’ Allowances (the Scheme).

 

2.    That it be agreed that:

 

a.            All allowances under the Scheme be index-linked, for a four year period commencing on 28th July 2016, to any NJC officers’ pay awards; the first of such indexation increases (if any) to apply to the NJC pay award for 2017/18.

 

b.            The Council’s new Allowances Scheme be implemented with effect from 28th July 2016.

 

(the following recommendations show the paragraph numbering in the financial analysis at Appendix C to the report)

 

c.            (1) That the Panel’s views about the level of any overall increase in the budget be noted.

 

d.            (2) That the Panel’s recommendations to discontinue Special Responsibility Allowances (SRAs), as set out in paragraph 2 of Appendix C, be agreed.

 

e.            (3) That the Panel’s recommendations, that the SRAs of the Leader, Deputy Leader, Cabinet members and Group Leaders should remain at their current level (subject to any future indexation as per paragraph 2[a] above), be agreed.

 

f.     (4) That Consideration of the question of any changes to the SRA allocated to the Chairman of the Public Rights of Way Committee be deferred pending a report to the Constitution Committee upon potential options to amalgamate the work of that Committee with that of another decision-making body.

 

g.    (5) That, whilst the principle of the recommended change to the SRA allocated to the Chairman of the Licensing Committee is accepted, the current SRA be retained, pending a report to the Constitution Committee upon potential options for the re-distribution of the SRA in line with the Panel’s recommendations.

 

h.    (6a) That the Basic Allowance be increased to £11,754 per Member, as recommended by the Panel as its first option.

 

i.      (6b) That the second option recommended by the Panel, for a further increase to the Basic Allowance of an additional £187 per annum per  ...  view the full minutes text for item 36.

37.

Recommendation from the Constitution Committee - Vacancies in the Office of Parish Councillor - Twemlow Parish Council pdf icon PDF 41 KB

To consider the recommendation from the Constitution Committee.

 

Additional documents:

Minutes:

The Constitution Committee, at its meeting on 15 July 201, had considered a report on vacancies in the Office of Parish Councillor at Twemlow Parish Council.

 

It had been reported at the meeting of the Constitution Committee, that since the report had been published, a Parish Councillor had withdrawn their resignation and that Twemlow Parish Council was now quorate and could make decisions.  As a result, recommendations 1(a) and (b), as set out in the report to the Constitution Committee, were no longer required.

 

However, given that the Council in future may be required to make temporary appointments to parish councils to enable them to be quorate and take decisions, it was recommended that Council delegate this function to the Constitution Committee and the Committee’s terms of reference be amended accordingly.

 

RESOLVED

 

That the Council’s powers under section 91 of the Local Government Act 1972 in relation to the appointment of persons to fill vacancies on parish councils, where such councils are otherwise unable to act, be delegated to the Constitution Committee, and the terms of the reference of the Constitution Committee, and hence the Constitution, be amended accordingly.

 

 

38.

Overview and Scrutiny Annual Report pdf icon PDF 54 KB

To receive the Overview and Scrutiny Annual Report 2015/16.

Additional documents:

Minutes:

          Consideration was given The 2015/2016 Overview and Scrutiny Annual report, which summarised the activities of the Council’s six Overview and Scrutiny Committees during the period of the 2015/16 Municipal Year. The report explained how Scrutiny played its part in the governance of Cheshire East, summarised the main activity carried out by the Council’s Overview and Scrutiny Committees during the 2015/16 municipal year, and addressed future challenges for Overview and Scrutiny.

 

Councillor Margaret Simon, Chairman of the Corporate Overview and Scrutiny Committee, presented the report to Council and, in doing so, thanked Members and officers for their contribution to the overview and scrutiny work over the past year.

 

RESOLVED

 

           That the Overview and Scrutiny Annual report be received and posted on the Council’s website.

 

39.

Appointment of Members to Committees pdf icon PDF 48 KB

To approve changes to the membership of Committees.

 

 

Minutes:

           Consideration was given to a report requesting that Council approve a number of changes to the membership of Committees. The proposed changes were circulated at the meeting and were as follows:-

 

Constitution Committee

Delete Cllr S Pochin

Add Cllr H Gaddum

 

Northern Planning Committee

Delete Cllrs M Hardy and J Macrae

Add Cllrs H Gaddum and L Durham

 

Strategic Planning Board

Delete Cllrs H Gaddum and(L Durham

Add Cllrs M Sewart and J Macrae

 

RESOLVED

 

That the proposed changes to Committee places be approved.

 

40.

Appointment of Independent Persons for Standards Matters pdf icon PDF 54 KB

To consider a report inviting Council appoint up to three Independent Persons pursuant to section 28 of the Localism Act 2011.

Minutes:

Consideration was given to a report inviting Council to appoint up to three Independent Persons to work with the Monitoring Officer and the Audit and Governance Committee on standards matters, in accordance with the Localism Act 2011 (‘the Act’) and the Council’s code of conduct complaints procedure.

 

Following public advertisement, shortlisted applicants had been interviewed by a panel on 18 July 2016. The names of the persons recommended by the panel for appointment by Council were circulated at the meeting.

 

RESOLVED

 

That Peter Bryant, Robert Fousert, and Patricia Rathbone be appointed for a period of four years (to 27 July 2020) to serve as Independent Persons pursuant to section 28 of the Localism Act 2011.

 

41.

Notices of Motion pdf icon PDF 77 KB

To consider any Notices of Motion that have been received in accordance with Procedure Rule 12

Minutes:

Consideration was given to the following Notices of Motions, submitted to Council in Accordance with Procedure Rule 12

 

1.elections

                       

Proposed by Councillor Rachel Bailey and Seconded by Councillor Janet Jackson

 

Council acknowledges the hard work and commitment of the Elections Team in delivering an important democratic service over the last year or so of electoral activity, including:

  • The greatest scale of elections ever seen in May 2015, with all out Borough and Parish Council elections, plus a Parliamentary General Election, the combination of such activity which will not be experienced again until 2035.
  • Excellently run Police and Crime Commissioner Elections in May 2016.
  • Excellently run EU Referendum in June 2016, in respect of which we experienced a historically high turnout, exceeding many other areas nationally.
  • The hugely successful introduction of Individual Electoral Registration which has resulted in a more accurate Register than ever before, with more electors being registered to vote than at any time in the past.
  • The honour of hosting an international delegation of elections experts, at the request of the Electoral Commission, enabling Cheshire East’s practice and processes to be passed back to countries such as Canada, Finland, Malta, Romania and Bangladesh.

 

RESOLVED

 

That the motion be accepted.

 

2. Emergency Response

 

Proposed by Councillor Rachel Bailey and Seconded by Councillor Damian Bailey

 

Council applauds the work of so many of its officers across different teams who, along with the Council’s emergency planning team, have worked tirelessly over the last 12 months in dealing with the challenges which have faced our communities and the services we provide:

  • The devastating circumstances surrounding the Bosley Mill explosion.
  • The terrible flash flooding in and around Poynton.
  • The recent evacuation of residents who live near to the Bossons Mill in Congleton.

Council sincerely thanks its officers, from so many parts of the organisation, for their true dedication as devoted public servants, working ‘round the clock to ensure the safety of our residents.

 

RESOLVED

 

That the motion be accepted.

 

3. Hate Crime

 

Proposed by Councillor Brian Roberts and Seconded by Councillor

Nick Mannion

 

Since the Referendum on 23rd June, the National Police Chiefs' Council report that hate crimes have increased by 42%.

 

Around 3,076 alleged offences were reported between June 16 and 30 - 915 more than in the same period last year. Police recorded 289 alleged offences on the day following the result of the poll being revealed - an average of 12 an hour.

 

The LGA has also reported a significant increase and Members of this Council have also been approached by residents that have been subjected to threats and harassment because of their nationality or race.

 

Therefore, we urge Council to discuss and adopt the following resolution as a matter of urgency at its meeting today:

 

“We are proud to live in a diverse and tolerant society.  Racism, xenophobia and hate crimes have no place in our country.  We Cheshire East Borough Council condemn racism, xenophobia and hate crimes unequivocally. We will not allow hate to become acceptable.  ...  view the full minutes text for item 41.

42.

Questions

In accordance with Procedure Rule 11, opportunity is provided for Members of the Council to ask the Mayor, the appropriate Cabinet Member or the Chairman of a Committee any question about a matter which the Council, the Cabinet or the Committee has powers, duties or responsibilities.

 

At Council meetings, there will be a maximum question time period of 30 minutes. Questions will be selected by the Mayor, using the criteria agreed by Council. Any questions which are accepted, but which cannot be dealt with during the allotted period will be answered in writing. Questions must be brief, clear and focussed.

 

Minutes:

The following questions were submitted:-

 

Cllr A Stott, in respect of school transport – Cllr Rachel Bailey, Leader of the Council, responded.

 

Cllr M Warren, in respect of Green Belt Policy – Cllr Rachel Bailey, Leader of the Council, undertook to provide a written response.

 

Cllr Flude, in respect of houses in multi occupancy - Cllr A Arnold, Planning and Housing Portfolio Holder undertook to provide a written response.

 

Cllr L Jeuda in respect of the Caring Together programme – Cllr J Clowes, Adult Care and IntegrationPortfolio Holder responded.

 

Cllr N Mannion, in respect of hydrolic fracking - Cllr Rachel Bailey, Leader of the Council, responded.

 

Cllr S Gardiner, in respect of the future of local government in the North West and devolution - Cllr Rachel Bailey, Leader of the Council, responded.

 

Cllr H Murray, in respect of the state of the roads and  blocked gullies in Poynton following the recent floods and relating to the potential of compensation and council tax breaks for those affected  - Cllr Rachel Bailey, Leader of the Council and Cllr D Brown, Highways and Infrastructure Portfolio Holder responded.

 

Cllr M Parsons, in respect of control of incoming e-mails – Cllr P Groves, Finance and Assets Portfolio Holder responded.