Agenda and minutes

Council - Wednesday, 11th December, 2024 11.00 am

Venue: Council Chamber, SKA Observatory, Jodrell Bank, Lower Withington, SK11 9FT

Contact: Katie Small  Tel: 01270 686465 Email:  katie.small@cheshireeast.gov.uk

Link: Alternative Audio

Items
No. Item

55.

Apologies for Absence

Minutes:

Apologies were received from Councillors J Bird, B Drake, P Coan, A Farrall,  G Hayes, C O’Leary and L Wardlaw.

56.

Declarations of Interest

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.

Minutes:

The Mayor advised Members that they did not need to declare an interest as a Council Tax payer, or as a member of a town or parish council, on the item of business relating to the Council Taxbase, as there was a dispensation in place which removed this requirement.

 

During consideration of Item 10 – Recommendation from Corporate Policy Committee: Cheshire East Council support for Proposed Future Rail Scheme, Councillor S Gardiner declared that in previous employment he had attended meetings relating to the Manchester to Liverpool railway proposals.

 

57.

Minutes of Previous Meeting pdf icon PDF 241 KB

To approve as a correct record the minutes of the meeting of Council held on 16 October 2024.

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 16 October 2024 be approved, subject to the correction to the spelling of Mr Stuart Redgard’s surname in Minute 47 – Public Speaking Time.

58.

Mayor's Announcements

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

Minutes:

The Mayor, in summary: -

 

1               informed Council of the death of Honorary Alderman Bryon Evans, who had represented the Leighton Ward until the last election and had previously served on the former Crewe and Nantwich Council and invited all present to stand in a minute’s silence in remembrance.

 

2               reported that on Remembrance Sunday she had represented the Council at the service in Memorial Square, Crewe. 

 

3               reported that on 27 January 2025, the Council would be holding its annual Holocaust Memorial Day service in the Assembly Room at Macclesfield Town Hall, starting at 10.30 am. All Members would be receiving a formal invitation to the event.

 

59.

Public Speaking Time/Open Session

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. 

 

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.

 

Petitions - To receive any petitions which have met the criteria - Petitions Scheme Criteria, and falls within the remit of the Committee. Petition organisers will be allowed up to three minutes to speak.

Minutes:

Mr Thomas Eccles spoke on behalf of the Save Dane Moss Community Group and urged the Council to urgently consider establishing a Peat Partnership for the preservation and sustainable use of peatlands in Cheshire. Mr Eccles stated that Peat Partnerships existed in Lancashire, Yorkshire, Cumbria and Northumberland to preserve and restore peatlands within their respective areas. Currently, there was no equivalent organisation for Cheshire. 

 

In response, Councillor Mick Warren, Chair of the Environment and Communities Committee, stated that such partnerships required a collaboration between multiple agencies with an ambition to restore and conserve peatlands. They typically involved a range of stakeholders and whilst the Council was not currently in a position to lead the establishment of such a partnership, through teams in the Place Directorate the Council invested across the natural environment. The Rural and Cultural Economy Team were directly involved in improvements to Council owned assets and worked with partners for wider benefits (such as the Bollin Valley Partnership); S106 and Biodiversity Net Gain also provided funding streams for investment in nature. Additionally, the Council also supported the Lindow Moss Landscape partnership which sought to preserve, restore and enhance the Lindow Moss peatland at Wilmslow. The forthcoming Local Nature Recovery Strategy, to be published for consultation in the New Year, would be a regional plan for the natural environment, which was being developed with partner local authorities, DEFRA, Natural England, Cheshire Wildlife Trust and multiple farmers, landowners and other stakeholders. Through this process the Council would set out its priorities for nature, including the protection of peat land.

 

Ms Natalie Abbott spoke on behalf of Global Justice Macclesfield in support of the Notice of Motion on Fossil Fuel non-Proliferation Treaty and welcomed the Council’s acknowledgement of the climate emergency through its endorsement of a Motion in May 2019 declaring an environment and climate emergency. She stated that local actions on environment and climate crisis were essential, and everyone had a part to play in reducing energy demand and restoring nature. She stated that it was essential that the Council recognised it interconnectedness with the whole of humanity and that emissions across the globe were already causing frequent and catastrophic weather events. Global Justice Macclesfield welcomed the Notice of Motion and stated that the Fossil Fuel Non-Proliferation Treaty had been devised to gain momentum for the urgent action required in relation to climate change, which had been acknowledged in the Council’s Carbon Neutral Action Plan. The premise of the treaty sought to bring enough countries together to work on a plan that would become a roadmap to a managed transition that would be fast, fair and just. Ms Abbott urged the Council to endorse the principles of Treaty to influence and encourage the UK government to work with other countries to implement the treaty.

 

Mr Robert Douglas spoke on behalf of the residents living on Thistle Way Estate, Padgbury Lane, Congleton and raised concerns that the S106 monies for their estate had not been paid to Cheshire East. Mr Douglas  ...  view the full minutes text for item 59.

60.

Leader's and Deputy Leader's Announcements

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

 

 

Minutes:

The Leader, in summary: -

 

1               referred to the significant financial pressures faced by the Council and reported that there was a current budget gap of £31.4m for 2025-2026 with ongoing efforts to identify savings, efficiencies, and additional funding sources.

 

2               reported that the provisional local government finance settlement and government grant announcements were expected by Christmas.

 

3               referred to the Transformation Programme and reported that both he and the Deputy Leader had attended the December staff event, which had been well attended by employees from all parts of the Council.

 

4               referred to the expected white paper on Devolution and stated that the Council was actively engaging with Cheshire West and Chester Council and Warrington Council on devolution proposals.

 

5               reported that he had attended a meeting of the Cheshire East Bus Partnership Forum which had heard speakers from the Dept of Transport and the Cheshire East Transport Team. The Government had announced the next round of bus improvement funding, which was vital funding to supporting bus service improvements, infrastructure and the £3 bus fare cap.

 

6               reported that the Council had been awarded Fostering Friendly status from the Fostering Network for supporting employees who wished to become foster carers.

 

7               thanked Council staff for their work responding to emergencies caused by Storm Darragh

 

8               wished everybody present and Council staff all the best for the coming festive season.

 

 

The Deputy Leader, in summary: -

 

1               referred to the staff event held on the Transformation Programme, which had provided valuable feedback and input from those who attended.

 

2               reported that development was underway for a new corporate plan for 2025-2029 which would focus on financial stability, clear values and effective partnerships and would align with the recommendations from the LGA Corporate Peer Challenge. A Member Task and Finish Group, comprising of himself, Councillors Liz Braithwaite, Mark Goldsmith, and Becky Posnett, had been set up to help with the drafting of the plan.

 

 

3               reported that the Council was supporting the Royal British Legion’s Credit their Service Campaign which ensured military compensation would not be treated as income when calculating benefits.

 

4               reported that the Council was urgently looking to recruit more Personal Care Assistants to support individuals in the community who needed support to live independently.

 

5        commended the Cheshire East Highways Team who had worked day and night to mitigate the effects of Storm Darragh and paid thanks to the rural community who helped to clear and reopen roads as well as providing vital information on the situation in the rural areas.

61.

Recommendations from Corporate Policy Committee: Council Tax Base 2025/26 pdf icon PDF 68 KB

To consider the recommendations from the Corporate Policy Committee.

Additional documents:

Minutes:

Consideration was given to the recommendations of Corporate Policy Committee on 28 November 2024 in relation to the domestic tax base 2025/26.

 

RESOLVED:

 

That 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 taxbase for the year 2025-26 is 163,261.10 for the whole area.

 

62.

Recommendations from Corporate Policy Committee: Revised Statement of Licensing Policy pdf icon PDF 113 KB

To consider the recommendations from Corporate Policy Committee.

Additional documents:

Minutes:

Consideration was given to the recommendations of Corporate Policy Committee on 3 October 2024 in relation to the Revised Statement of Licensing Policy.

 

RESOLVED:

 

That Council adopt the revised Statement of Licensing Policy.

63.

Recommendations from Corporate Policy Committee: Changes to the Council's Constitution pdf icon PDF 126 KB

To consider the recommendations from the Corporate Policy Committee.

Additional documents:

Minutes:

Consideration was given to the recommendations of Corporate Policy Committee on 28 November 2024 in relation to the changes to the Constitution.

 

RESOLVED:  That Council approve

 

1               the revised Petition Scheme, as appended to the report at Appendix 1, with the final sentence of the first paragraph being amended to read “subject to the decision of the Monitoring Officer as to which meeting will receive it”.

 

2               the revised Job Descriptions for the Leader and Deputy Leader, Chairs and Vice-Chairs and Opposition Spokespersons, as appended to the report at Appendices 2, 3 and 4, subject to the title of the Leader/Deputy Leader JD being amended to ‘Role of the Leader and Deputy Leader of the Council’.

 

3               the amendments to the Constitution in relation to Notices of Motion, Significant Decisions and electronic voting, as set out in paragraphs 17 to 19, 26 to 28 and 32 to 35 of the report.

 

4        the Acting Governance, Compliance and Monitoring Officer be given delegated powers to make any necessary changes to the Council’s Constitution as they deem are required to implement the decision of full Council.      

64.

Recommendations from Corporate Policy Committee: Cheshire East Council Support for Proposed Future Rail Schemes pdf icon PDF 129 KB

To consider the recommendations from the Corporate Policy Committee.

Additional documents:

Minutes:

Consideration was given to the recommendations of Corporate Policy Committee on 28 November 2024 in relation to the Cheshire East Council’s support for proposed future rail schemes.

 

RESOLVED: That Council

 

1.             provisionally supports:

 

a)    the proposed Liverpool to Manchester Railway section of NPR; and

 

b)    the use of the High Speed Rail (Crewe – Manchester) Bill to deliver the Liverpool to Manchester Railway provided that the conditions set out in paragraph 31 of the report are met.

 

2.             remains a member of the Liverpool to Manchester Partner Board, acting at all times, under the agreed positions set out above.

 

3.             welcomes the progression of alternative options to HS2, to improve rail connectivity and capacity between the Midlands and the North West, but the Council would only lend its support to schemes that put Crewe at the heart of the solution and deliver:

 

a)   enhanced connectivity from Crewe with improved direct services to key conurbations including London, Birmingham and Manchester;

 

b)   enables, facilitates and delivers the necessary capacity, upgrades and rationalisation at Crewe Station to enable any new services on an alternative north-south link to call at Crewe;

 

c)   supports and enables investment and growth in Crewe including the regeneration of Crewe Town Centre and provision of high quality links to the Crewe Station, and

 

d)   provides appropriate and sufficient mitigation against the negative impacts of the scheme, and its construction, on the borough, its residents and business and on the local environment.

 

4.             only support the use of existing powers secured via the HS2 phase 2a hybrid bill to deliver part of any alternative north-south rail link if the scheme delivers the conditions set out above.

 

5.             agrees the re-establishment of the HS2 Member Reference Group and that it be refocussed to support the Council’s strategic rail priorities and positions.

 

6.             approves the revised Terms of Reference and membership changes for the Member Reference Group, as proposed in Appendix 2 to the report, subject to the membership being extended to include Councillor Stewart Gardiner.

 

 

65.

Recommendations from Finance Sub Committee:Approval of Supplementary Revenue Estimates and Supplementary Capital Estimates pdf icon PDF 124 KB

To consider the recommendation from the Finance Sub Committee.

Additional documents:

Minutes:

Consideration was given to the recommendations of the Finance Sub Committee on 7 November 2024 in relation to the Supplementary Revenue Estimates and Supplementary Capital Estimates, as set out in Annex 1, Section 3, Tables 1 and 5 to the report.

 

RESOLVED: That Council approve

 

1               Children and Families – supplementary revenue estimate for: -

Household Support Fund                        £2,200,000

 

2               Highways and Transport – supplementary capital estimate for: -

Burford Roundabout Works                    £1,389,281

66.

Senior Management Structure - Children's Services pdf icon PDF 516 KB

To consider proposed change to the senior management staffing structure for Children’s Services.

Minutes:

Consideration was given to the report on the proposed new senior management structure in Children’s Services.

 

Reference was made to the job description for the position of Director of Children’s Services Commissioning, Quality Assurance and Partnerships and it was suggested that the job description be amended to specifically include the issue of children’s safeguarding, so to ensure that the Council recruit a person with the appropriate qualifications and qualities who were fully aware of their responsibilities of the job before they applied.

 

The Mayor, having sought advice, responded that the job description could be changed by officers and that if there were any issues these could be reported back to the Chair and members of the Children and Families Committee.

 

RESOLVED:  That Council

 

1               agrees the proposed change to the senior management staffing structure for Children’s Services, subject to prior consultation with all parties affected by the decision, including any Trade Unions.

 

2        approves in principle a new post, subject to consultation with staff and trade unions on the staffing structure, where the remuneration will be more than £100,000 per year.

67.

Cheshire and Warrington Joint Committee: Amendment to Terms of Reference pdf icon PDF 104 KB

To consider the proposed amendments to the Terms of Reference for the Cheshire and Warrington Joint Committee.

Additional documents:

Minutes:

Consideration was given to the report on the proposed amendment to the Terms of Reference of the Cheshire and Warrington Joint Committee.

 

The recommendations were proposed and seconded and following debate a recorded vote was requested with the following results: -

 

FOR

Councillors L Anderson, S Bennett-Wake, L Braithwaite, J Bratherton, L Buchanan, C Bulman, A Burton, C Chapman, D Clark, A Coiley, S Corcoran, L Crane, K Edwards, M Edwards, H Faddes, M Goldsmith, M Gorman, C Hilliard, D Jefferay, N Mannion, G Marshall, J Place, J Priest, B Puddicombe, J Rhodes, H Seddon, G Smith, L Smith, J Snowball, R Vernon, M Warren, F Wilson and B Wye.

 

AGAINST

Councillors S Adams, R Bailey, M Beanland, D Brown, C Browne, R Chadwick, J Clowes, N Cook, T Dean, S Edgar, A Gage, S Gardiner, K Hague, E Hall, A Harrison, A Heler, S Holland, T Jackson, A Kolker, A Moran, R Morris, H Moss, M Muldoon, B Posnett, J Pratt, P Redstone, J Saunders, M Sewart, John Smith, Julie Smith, H Whitaker and J Wray.

 

NOT VOTING

Councillors D Edwardes, R Fletcher, M Houston and R Kain.

 

The motion was declared carried with 33 votes for, 32 against and 4 not voting.

 

RESOLVED:  That Council

 

1               approve the amendment to Part 2 of the Cheshire and Warrington Joint Committee Terms of Reference, as set out in red at Appendix 2 to the report.

 

2        agree that the final decisions related to the establishment of a Combined Authority and a devolution agreement are matters that will be brought back to this Council.         

68.

Approval of Absence from Council meetings pdf icon PDF 87 KB

To seek the approval of Council in respect of a Councillor’s absence from Council meetings for a period over six months.

Minutes:

This item was withdrawn from the agenda.

69.

Urgent Item of Business: Exceptional Financial Support pdf icon PDF 117 KB

In accordance with Section 100B(4)(b) of the Local Government Act 1972, the Mayor has agreed that this item can be considered as an item of urgent business as it cannot wait until the next scheduled meeting of full Council.

 

To consider the report.

 

Minutes:

In accordance with Section 100B(4)(b) of the Local Government Act 1972, the Mayor had agreed that this item could be considered as an item of urgent business as it could not wait until the next scheduled meeting of full Council to enable a response to be sent to the Secretary of State for Housing, Communities and Local Government.

 

Consideration was given to the urgent report on Exceptional Financial Support which was necessitated by a request from the Ministry of Housing, Communities and Local Government received on 4 December 2024 to submit a formal request and supporting evidence for any Exceptional Finance Support by Friday 13 December 2024.

 

RESOLVED:  That Council agree:

 

1               that the Chief Executive finalise and submit a request for exceptional financial support in the form of an in-principle capitalisation direction for 2024/25 to the Secretary of State for Housing, Communities and Local Government for up to £17.6m.

 

2               that the Chief Executive finalise and submit a request for exceptional financial support in the form of an in-principle capitalisation direction of up to £31.4m for 2025/26 to the Secretary of State for Housing, Communities and Local Government, and indications of a potential request of £23.7m for 2026/27.

3        delegate to the Interim Executive Director of Resources (S151 Officer) the ability to update those requests once further financial information from the local government finance settlement is received.  This will be in consultation with the Chief Executive and will be reported at the earliest opportunity to the relevant committee(s).

70.

Notices of Motion pdf icon PDF 186 KB

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

Minutes:

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

 

Motion 1      Fossil Fuel Non-Proliferation Treaty

 

Proposed by Councillor S Corcoran and Seconded by Councillor D Clark.

 

“This Council notes that:

 

1.             The scientific consensus is clear that fossil fuels are primarily responsible for accelerating global climate change, and that the climate crisis now represents one of the preeminent threats to global lives and livelihoods.

 

2.             The Intergovernmental Panel on Climate Change Sixth Assessment Report states that it is unequivocal that climate change has already disrupted human and natural systems and that societal choices and actions implemented in the next decade determine the extent to which medium- and long-term pathways will deliver higher or lower climate resilient development.

 

3.             The International Energy Agency stated in its May 2021 report “Net Zero by 2050” that in order to reach that goal there should be no new oil or gas fields, or new coal mines, as of that moment.

 

4.             The Paris Climate Agreement is silent on coal, oil and gas, an omission with respect to the supply and production of fossil fuels (the largest source of GHGs) that needs to be collectively addressed by other means; and that global governments and the fossil fuel industry are currently planning to produce more than double the amount of coal, oil and gas by 2030 than can be burned if the world is to limit warming to 1.5°C and avert catastrophic climate disruption, and such plans risk undoing the work of our Council to reduce GHG emissions.

 

5.             A new global initiative is underway calling for a Fossil Fuel Non-Proliferation Treaty that would plan the end of new fossil fuel exploration and expansion, phase out existing production in line with the global commitment to limit warming to 1.5°C and accelerate equitable transition plans globally.

 

6.             Our entire global community will be impacted by the climate crisis. Vulnerable communities, and those who have contributed the least to climate change, however, will often be impacted most acutely.

 

This Council believes that:

 

7.             New fossil fuel infrastructure and expanded reliance on fossil fuels exposes communities to untenable risks to public health and safety at the local and global levels; and that the economic opportunities presented by a clean energy transition far outweigh the opportunities presented by an economy supported by expanding fossil fuel use and extraction.

 

This Council resolves to:

8.             Formally endorse the call for a Fossil Fuel Non-Proliferation Treaty and make that endorsement public.

 

9.             Call on the UK government to also endorse the call for a Fossil Fuel Non-Proliferation Treaty

 

10.          Reaffirm our commitment to rapidly decarbonising our economy at a local and national level.

 

11.          Write to the Local Government Association and raise the need for a planned phase out of fossil fuels, and to call on it to promote the Fossil Fuel Non-Proliferation Treaty among its members.”

 

 

RESOLVED:

 

That the Motion be referred to the Environment and Communities Committee.

 

 

Motion 2      Protecting  ...  view the full minutes text for item 70.

71.

Questions pdf icon PDF 43 KB

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.

Minutes:

Councillor C Browne asked when Cheshire East Council would act in respect of installing acoustic cameras on the A34 Wilmslow to Alderley Edge and introduce a Public Space Protection Order.

 

In response Councillor M Gorman, Deputy Leader of the Council, stated that meetings had been held with elected members, officers and the Police and Crime Commissioner and that proposals were being brought forward, and the issue would be referred to the appropriate committee in due course.

 

Councillor N Cook referred to “Keep Clear” boxes on Middlewich Road, Sandbach that required re-painting, and asked that the prioritisation of signage, stop lines, give way lines and give way boxes be reviewed and action be taken on any outstanding requests and that the classification of defects were reviewed.

 

In response Councillor M Goldsmith, Chair of Highways and Transport Committee, undertook to provide a written response to the Middlewich Road junction in question, and stated that the Department for Transport were highly prescriptive on the signs which councils must act upon, and that Member’s ward budgets could be used for this issue.

 

Councillor L Anderson asked for assurance that Tier 3 libraries would not be closed.

 

In response Councillor M Warren, Chair of Environment and Communities Committee, stated that the Library Strategy which had been agreed at Environment and Communities Committee on 27 November 2024 and implemented on 1 January 2025, did not include any library closures.

 

Councillor S Gardiner refer to proposed changes to the National Planning Policy Framework which could dimmish the powers of planning committees and sought assurance from the Leader and Deputy Leader that they would use their influence and contacts, especially at the LGA and with local MPs, to fight against the proposals.

 

In response Councillor N Mannion, Leader of the Council, stated that the LGA and the County Council’s Network would be consulting their members on the proposals and would ensure that Councillor Gardiner’s views were taken on board and any responses would be shared.   Councillor Michael Gorman, Deputy Leader of the Council, said that he would provide assurances and would scrutinise the details of any proposals coming forward.

 

Councillor P Redstone suggested that, in the interests of fairness and to keep Council meetings as brief and as relevant as possible, the Leader and Deputy Leader’s announcements should be limited to three minutes, in line with other Members.

 

The Mayor responded that Councillor Redstone suggestion had been noted.

Councillor A Kolker asked what the Leader was planning to do to address the falling birth rate in the UK and that there would eventually be insufficient people to look after the rapidly ageing population.

 

In response Councillor N Mannion, Leader of the Council, stated that different countries responded in different ways such as enhancing financial support to encourage an increase in the birth rate.  It was noted that a large number of individuals from overseas came to the UK to seek employment in the health and care sectors.

 

Councillor R Fletcher referred to the flooding on Linley Lane in  ...  view the full minutes text for item 71.