Agenda and minutes

Thursday, 17th October, 2019 2.00 pm

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

Contact: Rachel Graves  Democratic Services Officer

No. Item




The Reverend Ralph Kemp said prayers, at the request of the Mayor.


Apologies for Absence

To receive any apologies for absence.


Apologies were received from Councillors T Dean, D Flude, A  Gregory, A Harewood,  M Hunter, A Martin, R Moreton and J Smith.


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.


In relation to Item 12 – Appointment of Independent Person for Standard Matters, Councillors A Critichley, JP Findlow and M Warren declared that they were members of the Cheshire Police and Crime Panel.


In relation to Item 8 – Recommendation from Cabinet: Revised Statement of Licensing Policy, Councillor D Murphy declared that he was a Premises Supervisor for two Licenced Premises.


Minutes of Previous Meeting pdf icon PDF 129 KB

To approve as a correct record the minutes of the meeting of Council held on 18 July 2019.




That the minutes of the meeting held on 18 July 2019 be confirmed as a correct record, subject to the following amendment:


Minute 32 – Notices of Motion

3. Cheshire East Independent Person/Independent Member of the Cheshire Police and Crime Panel.


Recorded Vote:

Inclusion of Cllr A Moran in the list of names who voted FOR.


Mayor's Announcements

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


The Mayor:


1.         Announced, with sadness, that former Councillor Honorary Alderman and Freeman Roland Domleo had passed away and also former Councillor Ray Wolstencroft.  Council stood in remembrance as a mark of respect to these former Councillors.


2.         Drew Members attention to three very important workshops that would focus on how a Committee System would operate and encouraged all Members to attend one of the sessions.


3.         Reported that. since the last Council meeting, he and the Deputy Mayor had represented the Council at 60 events, details of which had been circulated around the Chamber.


4.         Paid tribute to Council staff, Cheshire Police and Cheshire Fire and Rescue Service for their response to the serious flooding in Poynton and the fire at the Beechmere Extra Care Village in Crewe. He informed Members that Superintendent Peter Crowcroft from Cheshire Police and Neil Griffiths from Cheshire Fire and Rescue were in attendance, along with some of the Council staff involved.


            The Mayor invited the Leader and Deputy Leader to speak and they paid tribute to Council staff and the emergency services involved in the aftermath of the two events.   The Mayor then invited Superintendent Peter Crowcroft and Neil Griffiths to address Council before inviting Group Leaders – Cllr Janet Clowes, Cllr Rod Fletcher and Cllr Brendan Murphy, to speak.


5.         Reported that he had, in July, attended a climate change workshop which he had found a very interesting but sobering experience and felt that Council must do something to combat the environmental and climate change emergency.


Public Speaking Time/Open Session

In accordance with paragraph 1.32 of the Council Procedure Rules 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.


Mr John Martin stated that Sandiford Road was the only road in Holmes Chapel which directly connected two A class roads and for this reason was controlled by a Traffic Regulation Order which designated Sandiford as Access Only. Residents of Sandiford Road over the last 3 years had been campaigning to have the Access Only Order enforces and asked why the Council was refusing to address the issue.  Cllr Brian Roberts, Portfolio Holder for Highways and Waste responded that an origin and destination survey had been undertaken, which showed that 66% of vehicles during the period of the survey used the road as a cut through.  The report would now be passed to the Police for them to determine the appropriate enforcement solution.  The Council did not have the powers to enforce traffic orders and were not able to install ANPR camera.  The Council would look at the other potential solutions including closure of the road or one way working.


Mr Andrew Wood spoke on a number of issues.  He wished to nominate Sarah Porter for a ‘Secretary of the Year’ award as she has been helping him out.  He asked if the Council would support his aim to rebuild the Market at Chelford for local farmers.  He also asked the Council look at putting back the teaching of agriculture, engineering and crafting in schools. Following the floods it had left a hole in the banking by his house and he asked that this flood defence be repaired.


Carol Jones spoke on the importance of communication and asked that Cheshire East get communicating and get talking and all work together to get a better system of communication.


Mrs Sue Helliwell stated that she was fully supportive of the proposal to be considered at Item 11 recommendation 2.4, that a maximum period of two minutes would be allowed for members of the public wish to speak or ask a question during public speaking time.   She also asked if the Council would ensure that none of the committees had only one permanent female representative as was the case with the Strategic Planning Board.  Cllr J Nicholas, Chairman of Constitution Committee responded that he was unable to give absolute assurance on this and stated the membership of the Strategic Planning Committee was not the norm.  The previous and current Cabinets had an equal mix of gender, as it other committees.  Committee members were selected for their skills and experience that they bring to committees.


Jane Smith spoke on behalf of Wounded Badger Control Cheshire and stated that they had been out every night for the past six. She wanted to see real action from farmer and Cheshire East on badgers.  This was the third year of the cull and bovine TB was not being eradicated in any of the cull zones.  Vaccination was now available free of charge to farmers and asked the Council to promote this fact and promote badger vaccinations instead of culling on Council owned farm land.  The Leader of  ...  view the full minutes text for item 39.


Leader's and Deputy Leader's Announcements

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




The Leader of the Council, in summary:-


1          noted that under the new administration no matters had been referred to the police, Cheshire East Council had not been mentioned in Private Eye and no senior officers had been suspended on full pay.


2          noted the achievements of the new administration since the election which included

·         the setting up of an administration and Cabinet,

·         making appointments to Outside Bodies,

·         making oppositions councillors chairs of scrutiny committees,

·         instigating a move to the committee system,

·         approving new terms of reference for the Investigation and Disciplinary Committee,

·         arranging a peer review challenge for January 2020,

·         appointing a new Monitoring Officer, a new Director of Financial and Customer Service, a new Executive Director Corporate Services,  a Head of Internal Audit and eleven other senior posts and was in the process of appointing a new Chief Executive,

·         launching a Leadership and Management development programme,

·         publishing a draft Environmental Strategy for consultation,

·         a significant improvement in timeliness of SEND assessment

·         closure of the 2018/19 financial statement on time


3          Announced that Cllr Ashely Farrell would be the Champion for Armed Forces. 


Cllr Farrell spoke in respect of his new role.


The Deputy Leader of the Council, in summary:-


1          provided an update on his meeting with Douglas Oakervee at Crewe Station about HS2.


2          reported that the 2020/21 budget proposals were being developed and would soon be inviting stakeholders to comment on the approach being taken.


3          stated that consultation on the SAPD had concluded and responses would be reviewed before deciding how to go forward.


4          commented on the infrastructure investment in Cheshire East and the schemes in progress.


5          referred to the work of the Governance Working Group on the emerging committee system proposals and encouraged members to attend the briefing session.


4          reported that there were now up to 40 connected community centres and that these paid a vital part in engagement with local communities.





Recommendation from Cabinet: Revised Statement of Licensing Policy pdf icon PDF 39 KB

To consider the recommendation from Cabinet.


Additional documents:


Consideration was given to the resolution from Cabinet recommending that Council adopt the Revised Statement of Licensing Policy.




That the Revised Statement of Licensing Policy be approved and adopted.


Recommendation from Cabinet: Local Transport Plan pdf icon PDF 261 KB

To consider the recommendation from Cabinet.

Additional documents:


Consideration was given to a recommendation from Cabinet that the Local Transport Plan be adopted.




That the Local Transport Plan be adopted.



Recommendation from Cabinet: Mid-Year Review (Finance) 2019/20 - Request for Supplementary Capital Estimates and Virements pdf icon PDF 336 KB

To consider the recommendation from Cabinet.

Additional documents:


Consideration was given to a recommendation from Cabinet requesting Council to approve a fully funded supplementary capital estimate above £1,000,000, in accordance with Financial Procedure Rules, as detailed in Appendix 4, Annex D, of the Cabinet report relating to the Mid-Year Review (Finance) 2019/20.




     That the fully funded supplementary capital estimates above £1,000,00 be approved, in accordance with Financial Procedure Rules, as detailed in Appendix 4 Annex D as:


      £5,130,000 increase in the Best4Business budget to recognise the further contribution from Cheshire West and Chester towards this shared project.


Review of Council and Meeting Arrangements pdf icon PDF 97 KB

To consider the report regarding the arrangements for Council and other meetings.


Consideration was given to a report on changes to the arrangements for Council and on the provision of a specific period of time for public speaking at Council and public and member speaking at Cabinet.  These matters had been considered by the Constitution Committee on 19 September 2019


The Mayor indicated that he would take each of the recommendations in the report in turn.  The Chairman and Vice Chairman of the Constitution Committee moved and seconded the recommendations.


During the debate on Recommendation 2.1 comments were made that all members of the Council had not been consulted on the proposals to change the arrangements for the Council meetings and all Members should be surveyed to obtain their views on these matters.  It was also stated that recommendations 2.1 and 2.3 were connected and should be included in any consultation with Members.


The Mover and Seconder agreed to withdraw the motion relating to Recommendation 2.1 and 2.3.


Consideration was then given to the remaining recommendations and during the debate it was commented that all the recommendations were connected and that the motion before Council should be withdrawn until the December meetings.


The Mover and Seconder agreed to withdraw the motion and take the matter back to the Constitution Committee for further consideration.




That consideration of the proposed changes to Council and Meeting Arrangements be withdrawn to allow the Constitution Committee to further consider the issues and report back to the December Council meeting.


Appointment of Independent Person for Standards Matters pdf icon PDF 81 KB

To consider the report of the Monitoring Officer.


(Councillor A Martin arrived at the meeting during consideration of this item)


Consideration was given to a report which had been prepared by the Monitoring Officer in response to a Notice of Motion agreed at the last Council meeting.


It was moved and seconded ‘That in light of recent events, Council agrees that Mr Fousert continues in his role as Independent Person for Cheshire East Council’.  Following debate, a requisition for a named vote was proposed and seconded and duly supported, with the following result:



Cllrs S Akers Smith, M Asquith, R Bailey, M Beanland, M Benson, D Brown, S Davies, S Edgar, JP Findlow, T Fox, A Gage, L Gilbert, M Goldsmith, G Hayes, S Holland, D Jefferay, A Kolker, J Nicholas, K Parkinson, P Redstone, L Roberts, L Smetham, D Stockton, L Wardlaw, J Weatherill, J Wray and N Wylie.



Cllr Q Abel, J Barber, L Braithwaite, S Brookfield, C Browne, J Buckley, C Bulman, P Butterill, S Carter, S Corcoran, L Crane, B Evans, H Faddes, A Farrall, K Flavell, R Fletcher, S Gardiner, S Hogben, M Houston, L Jeuda, C Leach, N Mannion, D Marren, A Moran, J Parry, S Pochin, B Puddicombe, J Rhodes, B Roberts, M Sewart, A Stott and R Vernon.



Cllrs B Burkhill, J Clowes, D Edwardes, P Groves, I Macfarlane, A Martin, D Murphy, J Saunders, M Simon, M Warren and P Williams.


The above motion was declared lost, with 27 for, 32 against and 11 not voting.


It was proposed and seconded “That in the light of recent events Council removes Mr Fousert from his role as Independent Person with immediate effect and asks the Monitoring Officer to undertake a recruitment exercise to replace him.”


Upon being put the vote, the motion was declared carried.




That Mr Fousert be removed him from his role as Independent Person with immediate effect and the Monitoring Officer undertake a recruitment exercise to replace him.


Audit and Governance Annual Report 2018-19 pdf icon PDF 898 KB

To receive the annual report of the Audit and Governance Committee.


Cllr Rod Fletcher, Chairman of the Audit and Governance Committee, presented the Audit and Governance Committee Annual Report 2018/19 to Council.


The report provided details of the work undertaken by the Committee and the assurances received during the year.


The Annual Report was received and noted.


Overview and Scrutiny Annual Report 2018-19 pdf icon PDF 83 KB

To receive the Overview and Scrutiny Annual Report for 2018-19.

Additional documents:


Cllr Margaret Simon, Chairman of Corporate Overview and Scrutiny Committee in 2018/19, presented the Overview and Scrutiny Annual report for the municipal year 2018/19.


The report detailed the work of the Council’s four Overview and Scrutiny Committees and development of the overview and scrutiny function.


The Annual Report was received and noted.


Notices of Motion pdf icon PDF 74 KB

To consider any Notices of Motion that have been received in accordance with paragraph 1.34 of the Council Procedure Rules


Consideration was given to the following Notices of Motion, which had been submitted in accordance with paragraph 1.34 of the Council Procedure Rule:-


1          Holmes Chapel Health Centre


Proposed by Councillor L Gilbert and Seconded by Councillor A Kolker


That Council rescinds its requirement for Holmes Chapel Health Centre to pay a fee of £4,320 for access through the Holmes Chapel Library car park for the following reasons:-


1. Access is required to enable the Health Centre to construct an extension in order to meet the needs of a growing local population.


2. The car park produces no income for the Council and there will therefore be no loss of income as a result of the loss of four parking spaces for two months.


3. The charge amounts to profiteering at the expense of the NHS.


4. The charge adds unnecessary cost to a project to improve public services in Cheshire East.




That the Motion be referred to the Portfolio Holder for Environment and Regeneration.

2          Fighting fire in our Borough

Proposed by Councillor J Parry and Seconded by Councillor N Mannion

This Council pays tribute to the essential work undertaken by every member of staff at Cheshire Fire and Rescue. We recognise that it is their hard work, every day, that keeps people safe in their homes, in the place that they work, or whilst they are here visiting our County. 

This Council believes that government cuts to fire services in the UK have gone too far. We recognise the pressures faced by Cheshire Fire and Rescue and the Fire Authority, which has had to deal with cuts of £12 million over the past nine years.

This Council understands the high levels of public concern about fire cuts and the impact that this could have on the community where they live. We acknowledge the role that the campaign in Crewe played in raising awareness amongst members of the public about fire cover in the area. The level of public interest in both this campaign and campaigns in Chester and Ellesmere Port serves as a reminder to councils and other public services in the sub-region about the need to be innovative in finding ways to involve and communicate with residents in the decisions we take.

This Council believes that all residents in every village and town in Cheshire East and across the County need to feel confident about response times and fire cover where they live. Therefore this Council resolves to ask the Leader of the Council to write to the Policing and Fire Minister to lobby for:

·            An urgent government review of the impact of austerity on fire services and response times

·            Restoration of the cuts to fire service finances over the last nine years.

·            A decent pay rise for Cheshire Firefighters and staff.

And to write to the Chief Fire Officer at Cheshire Fire and Rescue to ask that the Fire Authority considers the following recommendations:

·            That as part of ongoing fire service reviews, the current 10  ...  view the full minutes text for item 48.



In accordance with paragraph 1.18 of the Council Procedure Rules, 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.



Cllr S Gardiner asked what was happening with the next round of the new homes bonus scheme and when would the town and parish councils be informed how they can bid.  Cllr A Stott, Portfolio Holder for Finance, ICT and Communications undertook to provide a written response.


Cllr L Wardlaw referred to the award of the contract for the One You Cheshire East lifestyle service to a new provider and asked for confirmation that they will be ready to deliver on its commitments by 1 November.  Cllr J Rhodes, Portfolio Holder for Public Health and Corporate Services undertook to provide a written response.


Cllr M Simon asked if Wistaston Green Road and Colleys Lane could continue to be on the winter gritting routes.  Cllr B Roberts, Portfolio Holder for Highways and Waste undertook to provide a written response.


Cllr S Akers Smith referred to three developments were the developers had not provided the agreed infrastructure and asked what was being done to ensure the infrastructures was provided.  Cllr Toni Fox, Portfolio Holder for Planning responded that she was aware of these particular issues and would discuss the matter with officers.


Cllr L Gilbert asked in the interest of climate change would the Leader commit to asking officers to refrain from arranging 9 am meetings that have us sitting in traffic ques belting out emissions.  The Leader of the Council responded that given what had happened earlier in the meeting he would refer this to Constitution Committee to consult with all members.