Agenda and minutes

Apologies were received from Councillors R Bailey, G Hayes, L Smith and R Vernon.

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

Item 7 - Appointment of the Chief Executive – Mr R Polkinghorne declared an interest and would leave the chamber during consideration of the matter.

To approve as a correct record the minutes of the meeting of Council held on 18 October 2023.

RESOLVED:

That the minutes of the meeting held on 18 October 2023 be confirmed as a correct record.

The Mayor, in summary:

1          thanked his Chaplin, Reverend Rob Hilton, for the prayers before the meeting, and for hosting his Civic Services on 5 November 2023 at the Wesley Place Methodist Church in Alsager.

2          reported that on 19 November 2023 he had attended the annual STAR celebration event at Macclesfield Town Hall.  The event recognised and celebrated the achievements of cared for children and care leavers.

3          reported he had attended the Safeguarding and Dignity Awards held in November at the Holmes Chapel Community Centre and stated he was impressed by the professionalism, dedication, passion and commitment of all those who were nominated for awards.

4          reminded Members that in 2016 that trampolinist Bryony Page, who grew up in Nantwich and attended Malbank School, was appointed as a Freewoman of the Borough following her success at the Rio Olympics, and reported that Bryony had won a gold medal at the trampolining world championships held recently in Birmingham, and was now a world champion.

5          referred to the item 7 on the agenda - the Appointment of Chief Executive, and reported that the preferred candidate - Mr Rob Polkinghorne was in attendance at the meeting and that there would be an opportunity for Members to meet with him later in the day.

In accordance the Council Procedural Rules, a total period of 30 minutes is allocated for members of the public to speak at Council meetings. Individual members of the public may speak for up to 2 minutes, but the Chair will have discretion to vary this requirement where they consider it appropriate. 

Due to the location of this meeting, members of the public will be able to speak or ask questions via Microsoft Teams from one of the Council offices. If any member of the public wishes to do so, please contact Katie Small.

Members of the public wishing to speak are required to provide notice of this at least three clear working days in advance of the meeting and should include the question with that notice.  Questions should be submitted to: katie.small@cheshireeast.gov.uk or brian.reed@cheshireeast.gov.uk.

Sandbach Town Councillor Tim Wheatcroft stated that any introduction or increase in car parking charges would discourage lower paid workers from taking town centre jobs, and any volume employer without adequate parking considering locating in the town was discouraged from setting up due to the additional cost and difficulty in attracting staff.  He asked what sort of businesses did Cheshire East see moving into the towns to grow the local economy, given the economic obstacles the Council were implementing with their car park proposals, and how would existing town and village centre businesses benefit and produce the growth the country needs to happen by the introduction and increase in parking charges? 

In response Cllr C Browne, Chair of Highways and Transport Committee stated that when developing the parking plans, which had recently been out to public consultation, the Council had aimed to ensure that the parking offer in each town met the needs of businesses, shoppers, and visitors.  The Council had tried to reflect the range of different needs when establishing tariffs; zoning parking between short stay and long stay and making seasonal permits available to users.  The proposals for car parking would be considered in detail at the Highways and Transport Committee in January but he was sure that the parking tariffs would remain competitive compared to the neighbouring councils.  These considerations had to be balanced against the Council’s prevailing financial circumstances and the inconsistency and unfairness of the legacy arrangements for parking charges, where some towns pay whilst others were subsidised to provide free parking.  All 111 car parks operated by the Council incurred costs in the form of maintenance, enforcement patrols and business rates.  As parking was a discretionary service, the Council’s policy was clear that parking was provided on a “user-pays” basis.  Any surplus revenues from the parking service were used to provide other transport projects including supported bus services, which were essential for those residents, including workers, who did not own a car.  

Holmes Chapel Parish Councillor Diane Tams asked whether the Council had considered the concerns expressed by health professionals in Holmes Chapel on their ability to deliver services to their patients if parking charges were introduced?

In response Cllr C Browne, Chair of Highways and Transport Committee, stated that all responses received by the Council during the 6-week statutory consultation on the proposals for car parking in the Borough were being carefully analysed to inform the next steps.   The Medical Centre had its own car park, which was already reserved for use by patients and staff.  This would not be affected by the Council’s proposals for Cheshire East operated car parks. The Council’s proposals for its car parks in Holmes Chapel intended to retain a balance between long-stay and short stay parking places, whilst ensuring that the costs of maintaining and operating these car parks were met by the users rather than the general council taxpayer.  Since the last time Cheshire East Council reviewed its car park charging strategy, which was  ...  view the full minutes text for item 53.

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

The Leader, in summary:

1             reported that Nottingham was the latest council to issue a section 114 notice, effectively declaring its self-bankrupt. The Leader noted that all councils were under severe financial pressure. He stated that this Council was in a better position than many because it had a fully balanced four-year financial strategy and a good record in recent years of financial discipline. However, the Council currently had a forecast deficit for the current year of £13m, so financial saving needed to be made.

2             stated that over two thirds of the Council’s budget was on adults and children’s social care and that there had been significant cost increases in both areas. The increase in costs for children’s social care was linked to the Children and Families Act 2014 which had led to an increased demand without central government providing the necessary funding or providing increase capacity. There was a shortage of places which had led to an increase in cost and an increase in travel costs with children being placed out of the Borough. The excess costs had been put into a negative reserve until 2026.

3             stated that he would like to see improved special education needs and disability provision in schools and more specialist provision in Cheshire East. However, the Council could not set up a new school on its own and had to work with external partners to set up so called free schools, which added further complexity and time. These were statutory services, and this left non statutory services at risk of further cuts.

4             stated that the Chancellor would be announcing shortly the funding settlements for Councils. If there was no extra money, there would be little choice but to make further cuts in services to balance the books. He thanked staff who were working to address these challenges.

5             stated that tackling climate change had been a key theme since he had become Leader of the Council and the sub region. He had co-chaired the Cheshire and Warrington Sustainable and Inclusive Growth Commission and encouraged all to read their report. He had spoken on climate change at the Northwest Route to Net Zero conference in Liverpool, the Northwest Regional Leaders’ Board and at the County Council’s Network Conference.

6          stated that he was pleased to see that the Solar Together Scheme had won a Green Expo Award for Innovation in Energy. He stated that one reason people were reluctant to install solar panels and batteries was caution about the reputed reliability of the supplier. The Council was addressing this by partnering with IChoosr Ltd to bring Solar Together to Cheshire East’s homeowners and encouraged all elected members to promote the Solar Together scheme.

The Deputy Leader, in summary:

1             reported that following the decision to cancel HS2, the Government was intending to allocate additional Locally Integrated Transport Settlement funding for Cheshire East.  Further details on how much funding the Council would be allocated and supporting guidance were expected early in the New  ...  view the full minutes text for item 54.

To consider the recommendations from the Appointments Committee.

Having previously declared an interest, Mr Rob Polkinghorne left the Chamber for this item.

Consideration was given to a report relating to the appointment of a Chief Executive (Head of Paid Service), Electoral Registration Officer and Returning Officer.

RESOLVED:    That

1          the preferred candidate, Rob Polkinghorne, be appointed as the Chief Executive.

2.         the salary of £180,000, with the option for Council to increase in line with the pay scale agreed by Council, be approved

3.         the preferred candidate, Rob Polkinghorne, be appointed as the Electoral Registration Officer and Returning Officer.

Mr Polkinghorne returned to the Chamber. The political group leaders spoke to welcome Mr Polkinghorne as the Chief Executive.

To give further consideration to recommendation 3 of the deferred report.

Consideration was given to the deferred report on the Annual Review of the Committee System

Council, at its meeting in July 2023, had agreed to defer consideration of the realignment of the Planning Committees from 3 to 2 to the December meeting of Council to allow further consultation to take place, including with the Planning Committee Chairs.

The deferred recommendations were proposed and seconded, and during the debate an amendment was proposed.

Amendment

“Following the consultation on the realignment of planning committees agreed by Council in July it is agreed that:

The optimum way forward is to continue with 3 planning committees meeting less frequently. This will ensure that major applications are given due scrutiny on a consistent basis and the geographical committees ensure that applicants and members of the public concerned with smaller developments do not have to travel excessive distances to hear applications decided.

Being aware of the savings needed, and to reflect the number of applications coming through, it is agreed that Northern and Southern Planning Committees will meet 8 times a year, around every 6 weeks and that Strategic Planning Board will meet bi-monthly. This would reduce the number of scheduled meetings by over a third to 22, resulting in a better outcome than reducing the number of committees by one, with subsequent savings in resource and officer time. This would not preclude the holding of additional meetings if necessary or cancelling meetings if no applications are ready as is currently the case.”

Following debate, the amendment was put to the vote and declared carried.

RESOLVED:   

That the three planning committees continue, meeting on a less frequently with the Strategic Planning Board meeting bi-monthly, and Southern Planning Committee and Northern Planning Committee meeting around every 6 weeks.

To give consideration to the recommendations of the Corporate Policy Committee.

Consideration was given to the recommendations of Corporate Policy Committee on 30 November 2023 in relation to the Review of the Committee System and Medium-Term Financial Strategy savings.

The recommendations were proposed and seconded.  The Mayor announced that he intended to take the vote on recommendations 1-3 and 5-6 together, with a separate vote on recommendation 4.

Recommendations 1-3 and 5-6 were put to the vote and declared carried.

During the debate on recommendation 4 an amendment was proposed and seconded.

Amendment 1

“That recommendation 4 be amended to read “the functions of the Scrutiny Committee, Audit and Governance Committee and any other committee, sub-committee, panel or working group are reviewed to consider opportunities for streamlining and efficacy of delivery.  The outcome of the review is presented to an all-member briefing in February 2024 and presented to Council as set out in recommendation 5.”

The proposer and seconder of the recommendations from the Corporate Policy Committee to Council agreed to accept the amendment and therefore the amendment became the substantive motion.

During debate on the substantive motion an amendment was proposed and seconded.

Amendment 2

“It is proposed that the following recommendations are adopted, subject to due process, to be overseen by the Corporate Policy Committee; 

Committees will be either removed, modified or amalgamated and their functions re-distributed to alternative committees in a logical extension of the related functions of those alternative receiving committees. 

A1) Cared for Children and Care Leavers Committee: to be amalgamated into the Children and Families Committee.

A.2.) Governor Nomination Panel: to be amalgamated into the Children’s and Families Committee

A.3.) General Appeals Sub-Committee: The roles and responsibilities of this Sub Committee (as identified below), will be disaggregated and allocated to be heard by the relevant service committees as and when required:

• hearing and determining appeals lodged under the various Marriage and Civil Partnership Acts;

CORPORATE POLICY COMMITTEE

• hearing and determining any appeals lodged with the Council for determination, as authorised under all relevant education legislation, excluding those duties falling to the Independent Appeals Panel (school admissions and exclusions).

CHILDREN & FAMILIES COMMITTEE

• hearing and determining any appeals lodged with the Council in respect of school transport or school organisation;

CHILDREN & FAMILIES COMMITTEE

• hearing and determining appeals from bus contractors in accordance with contract procedures;

HIGHWAYS & TRANSPORT COMMITTEE

• hearing and determining any appeals lodged with the Council as Social Services Authority, and as authorised under all relevant social services legislation;

ADULTS & HEALTH COMMITTEE

• hearing and determining any other appeals (other than staffing matters). 

COMMITTEE TO BE DETERMINED BY THE MONITORING OFFICER AS APPROPRIATE.

A.4.) General Licensing Sub-Committee and Licensing Act Sub-Committee:

These will be amalgamated into a single Committee reflecting the intermittent nature of their requirements.

In addition, the new “General Licensing and Licensing Act Sub-Committee” will be scheduled either before or after the Licensing Committee wherever possible.

This will maximise best use of officer and member time and reduce the chronic difficulties currently experienced in terms of member availability from the recruitment ’pool’.

A.5.) Where  ...  view the full minutes text for item 57.

To give consideration to the recommendations of the Corporate Policy Committee.

Consideration was given to the recommendations of Corporate Policy Committee on 30 November 2023 in relation to the Cheshire East Electoral Review submission.

During the debate, a small number of minor changes to the submission were suggested by Council members, which were acceptable to the meeting.  These changes will be made to the Council submission prior to this being submitted to the Boundary Commission.

RESOLVED:  That

1          subject to the minor amendments, the council size submission, attached as an appendix to the report, be approved for submission to the Local Government Boundary Commission for England; and

2          authority be delegated to the Electoral Review Sub-Committee to make any final changes to the council size submission and related documentation which may be required following Council approval, prior to submission to the Boundary Commission.

To give consideration to the recommendations of the Corporate Policy Committee.

Consideration was given to the recommendations of Corporate Policy Committee on 30 November 2023 in relation to proposed changes to the Constitution.

RECOMMENDED: That Council approve

1          the changes to the Council’s Constitution in relation to Officer Delegations and Staffing as set out in paragraph 8 - a) of the report subject to an amendment to the revised paragraph 36 to require that any decisions taken under these delegations are taken in consultation with the chair and vice-chair of the relevant service committee;

2          the changes to the Council’s Constitution in relation to Officer Delegations to Executive Directors only and settlement agreements as set out in paragraph 8 - b) of the report;

3          the changes to the Council’s Constitution in relation to decision-making with regard to early retirement and severance packages as set out in paragraphs 8 -c) of the report;

4          the changes to the Council’s Constitution to allow the inclusion of provisions to allow for electronic signing and sealing of documents as set out in paragraph 8 – d) of the report; and

5          the changes to the Council’s Constitution to the provisions regarding approvals of grants schemes as set out in paragraph 8 – e) of the report.

To give consideration to the recommendations of the Corporate Policy Committee.

Consideration was given to the recommendations of Corporate Policy Committee on 30 November 2023 in relation to the domestic tax base 2024/25.

RESOLVED:  That

1          in accordance with the Local Authorities (Calculation of Council Tax Base) Regulations 2012, the amount to be calculated by Cheshire East Council as its Council tax base for the year 2024/25 is 160,151.52 for the whole area; and

2          the Council Tax Landlord discount previously applied to empty rental properties be removed.

To approve the increased expenditure related to two fully funded supplementary revenue estimates.

Consideration was given to the report seeking approval of supplementary revenue estimates.

RESOLVED:   That Council approve

1          supplementary revenue estimates over £1,000,000, as detailed in Appendix 1 to the report:

            Market Sustainability and Fair Cost of Care Fund - Workforce Element  £2,206m

            Shared Prosperity Fund - £2,412m

To give consideration to the report on the implications for Cheshire East.

Consideration was given to a report on the HS2 Cancellation and Network North.

The report outlined the implications to Cheshire East from the recent cancellation of HS2 Phases 2a and 2b, and the proposals included in the published Network North document, which committed to invest £36bn in alternative transport schemes across the country.

RESOLVED:  That Council

1             note the implications of the HS2 cancellation and introduction of Network North for Cheshire East.

2          continue to support the principles of HS2 as a catalyst for growth across the North.

3          authorise the Executive Director of Place, in consultation with the HS2 Member Reference Group, to negotiate with central government for an appropriate compensation and alternative investment package for Cheshire East to deliver transport improvements and unlock regeneration across the Borough.

4          approve the amendments to the remit of the HS2 Member Reference Group proposed in the report.

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

Consideration was given to the following Notice of Motion which had been submitted in accordance with the Council’s Procedural Rules.

Cheshire East Council should embrace an urgent Peer Review to investigate its in year overspend of £18.7 million

Proposed by Cllr R Bailey and Seconded by Cllr R Chadwick

“Cheshire East conducted a Corporate Peer Challenge in January 2020. The report, approved by Cabinet in June 2020, clearly evidenced an emerging pattern of budgetary overspend and advised that whilst, ‘this reflects challenges which are faced by many organisations, the council should consider their approach towards savings across the organisation, to share ownership and encourage informed approaches to financial risk’.

The benefits of the Local Government Association’s Peer support are well known to those councils who embrace it and in view of ‘our Council’s’ recently announced ‘in year’ overspend of £18.7 million pounds, I propose that this Council immediately engages with the LGA to seek guidance via an urgent Financial Peer Review or Corporate Peer Challenge.”

RESOLVED:

That the Notice of Motion be referred to the Corporate Policy Committee.

In accordance the Council Procedure Rules, opportunity is provided for Members of the Council to ask the Mayor or the Chair of a Committee any question about a matter which the Council, or the Committee has powers, duties or responsibilities.

At Council meeting, there will be a maximum question time period of 30 minutes. A period of two minutes will be allowed for each Councillor wishing to ask a question.  The Mayor will have the discretion to vary this requirement where they consider it appropriate.

Cllr L Smetham referred to the recent planning training session for Councillors which included an informative session regarding enforcement, and asked how this work could be strengthened to curtail the lengths people went to, to try to contravene the planning system and how the Council could increase protection for residents and our environment.

In response Cllr M Warren, Chair of Environment and Communities Committee, stated that a balance had to be achieved between such protection, the amount of resources dedicated to the Planning Enforcement Team, and the many other competing pressures across not just the Planning Service but also the Council as a whole.  Enforcement cases were prioritised as to their level of harm and some minor cases would be deemed not sufficient to warrant any further action. It was also notable that well over 50% of enforcement complaints investigated were found not to involve any breach of planning control.   Certain notable enforcement cases required a significant amount of time and resource from the Enforcement Team to achieve the desired outcomes.  Some cases would also get resolved more quickly than others as negotiated solutions were always deemed to be the most appropriate course of action, even though they can take considerable time.   Cllr Warren reported that the Enforcement Team had recently recruited two more enforcement officers and that the number of notices served over the last 12 months had been the highest for some time including the servicing of 21 Enforcement Notices, 1 Stop Notice and 5 Temporary Stop Notices, which he hoped sent out a clear message that the Council did take enforcement action where appropriate.

Cllr B Puddicombe stated that the entrance and exit for cars going to the retail park at Barracks Mill in Macclesfield came straight off, and goes on, to the Silk Road where the national speed limit applied. Macclesfield Councillors had been contacted by local residents concerned that this was an accident waiting to happen due to the speed of cars along this road. He asked if the Chair of the Highways and Transport Committee could use his officers to ensure a speed review as conducted as a matter of urgency to ensure that restrictions were put in place so that an accident did not take place.

In response Cllr C Browne, Chair of Highways and Transport Committee, stated that perception did not always necessarily reflect reality.  Cllr Browne confirmed that a road safety audit stage 4 had been completed back in September, and that audit did review the operational safety of the junction. As a result, some additional warning signs were due to be installed early in the new year at the junction and Highways would continue to monitor the performance of the junction to assess whether any further action was necessary to improve road safety.

Cllr S Gardiner asked, following the decision to progress with the closure of the Stanley Centre, what work has been undertaken to liaise with the current clients of that Centre and how far had the Council progressed  ...  view the full minutes text for item 64.