Agenda and minutes

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

There were no declarations of interest.

In accordance with paragraph 3.33 of the Cabinet Procedure Rules, a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the Cabinet. Individual members of the public may speak for up to two minutes. The Chairman or person presiding will have discretion to vary this requirement where he/she considers it appropriate.

Members of the public wishing to ask a question or make a statement 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.

Matthias Bunte of Cycling UK Sandbach referred to the Council’s decision to review the downgrade of a proposed toucan crossing to a pedestrian refuge on the Middlewich Road at School Lane/Vicarage Lane in Sandbach and asked that the review consider the needs of pedestrians, cyclists, users of mobility scooters and wheelchairs, as well as drivers.

The Portfolio Holder for Highways and Waste thanked Mr Bunte for his question, noting the considerable amount of background information that had been provided to accompany the question. This had been shared with officers, so that it could inform their approach to the issue. The review would establish the details of crossing facilities to be implemented at the location.

Sue Helliwell referred to an application for a housing development in Alsager, ref. 11/4109, which provided that £93,050 of S106 money would go towards footpath FP26, which stopped at the bridge and did not continue down the steps towards Alsager Train Station. She asked if the Council would confirm that it would be adopting the rest of the footpath, which had been used by residents for a good number of years.

The Portfolio Holder for Highways and Waste responded that the Council was in discussion with Network Rail regarding the status of the footpath. The Public Rights of Way team were aware of the S106 funds that would become available when the trigger point for the development in question was met and would be working up a scheme to improve the footpaths in that area. The team would be pleased to discuss the proposals with Mrs Helliwell.

A period of 20 minutes is allocated for questions to be put to Cabinet Members by members of the Council. A maximum period of two minutes will be allowed for each member wishing to ask a question. The Leader will have discretion to vary this requirement where he considers it appropriate. Members wishing to ask a question at the meeting should register to do so in writing by not later than 4.00 pm on the Friday in the week preceding the meeting. Members should include the general topic their question will relate to and indicate if it relates to an item on the agenda. Questions must relate to the powers, duties or responsibilities of the Cabinet. Questions put to Cabinet Members must relate to their portfolio responsibilities.

Where a question relates to a matter which appears on the agenda, the Leader may allow the question to be asked at the beginning of consideration of that item.

Councillor R Bailey referred to the Council’s active travel scheme and asked for confirmation that Audlem Parish Council, as one of the first to respond to the consultation, was being considered for active travel interventions. She also sought clarification on the timetable for the measures to be introduced, having regard to the school holiday period.

The Portfolio Holder for Highways and Waste responded that numerous town and parish councils had submitted recommendations in response to the Council’s consultation and that the first tranche of measures would be released by the end of the month. Further information would be available shortly.

Councillor M Beanland asked for a detailed explanation of the figure of £70M quoted as the additional expenditure incurred by the Council in relation to the Covid pandemic.

The Portfolio Holder for Finance, IT and Communication responded that overview and scrutiny committees, and the shadow cabinet, had received regular briefings on the matter and that the Council was working well given the uncertainty involved and a lack of clarity on government funding. The Leader added that schools were to return from September and that the need for social distancing would have a significant impact on the cost of school transport. He also suggested that the returns submitted by local councils to the government on Covid-related expenditure should be made public.

Councillor J Buckley asked why 114 businesses had not been successful in their applications for business rate support grant.

The Portfolio Holder for Environment and Regeneration replied that the businesses in question fell outside the eligibility criteria under phase 1 of the scheme. Those businesses would be carried forward to phase 2 for review without their having to re-apply.

Councillor J Clowes referred to the recommendations of the Council’s overview and scrutiny committees and the Audit and Governance Committee that a sub-group of the Corporate Scrutiny and Audit Committees be established to examine Council finances during the Covid-19 crisis in order to provide a sound evidence-base for the effective lobbying of Central Government. Councillor Clowes commented that the Council had not acted on the recommendations. She asked that her comments be minuted in full to place on record that Members had sought to fulfil their audit and scrutiny functions in the matter but had been denied the opportunity to do so.

The Leader responded that the meeting was being recorded and therefore all questions were on the record. At the Leader’s invitation, the Chief Executive referred to a request she had received from Councillor Clowes for an additional body to be set up to review Covid-related expenditure. The Chief Executive had reluctantly declined the request in view of the significant pressures officers were already facing at this time. She had also suggested alternative routes for providing information to help inform the Covid-related reports coming to Cabinet.

Councillor L Gilbert asked why the police could not be provided with copies of the traffic regulation orders for 129 locations across the Borough. He also referred to the Government’s proposal to relax some  ...  view the full minutes text for item 13.

To approve the minutes of the meeting held on 9^th June 2020.

RESOLVED

That the minutes of the meeting held on 9^th June 2020 be approved as a correct record.

To consider an update on the work undertaken in response to the current national and international public health emergency on COVID-19.

Cabinet considered an update on the work undertaken in response to the current national and international public health emergency on COVID-19. The report also provided an update on the projected financial impact on the Council, the work undertaken to support communities and businesses in the Borough and the plans the Council was developing to support longer-term recovery from the pandemic.

RESOLVED

That Cabinet

1.    notes the issues outlined in the report;

2.    notes the financial implications of COVID-19 to date and the ongoing lobbying to press for the Government to fund the total financial impact of the pandemic on Cheshire East Council;

3.    notes that a detailed report on the financial impact on the agreed budget for 2020/21 will be presented to a forthcoming Cabinet meeting; and

4.    notes the content of the Outbreak Plan for Cheshire East that was published on 30^th June on the Council's website.

To consider a report which responds to a notice of motion proposing the introduction of a Borough-wide policy on pavement parking.

Cabinet considered a report in response to the following Notice of Motion which had been moved by Councillor S Akers Smith and seconded by Councillor S Brookfield at the Council meeting on 17th October 2019 and referred to Cabinet for consideration:

“This Council requests that Cabinet give consideration to developing a Borough wide policy on pavement parking and a separate Borough wide policy on pavement obstruction, which should be sufficiently flexible to recognise the varied needs and demands within different areas of the Borough. Council further calls on the Cabinet to bring a draft policy on pavement parking to a future meeting of Full Council for debate.”

Councillor Akers Smith spoke on the motion.

RESOLVED

That Cabinet

1.    agrees that any new approach to restricting pavement parking in the Borough be informed by the Department for Transport’s review of current practice and the procedures for making and enforcing Traffic Regulation Orders; and

2.    agrees that Cheshire East Council respond to the forthcoming DfT consultation with evidence, including that provided as background to the Notice of Motion to Council, the details of the response to be delegated to the Director of Highways and Infrastructure in consultation with the Portfolio Holder for Highways Waste.

To consider a report which seeks authority to deliver walking and cycling schemes in Wilmslow and Crewe.

Cabinet considered a report on the delivery of walking and cycling schemes in Wilmslow and Crewe, details of which were set out in the report.

RESOLVED

That Cabinet

1.    approves the delivery of the A530 scheme in Crewe and the Wilmslow Strategic Walking and Cycling Scheme through the Highway Service Contract, subject to £1.6m of Local Growth Funding being received from Cheshire and Warrington Enterprise Partnership and that Ringway Jacobs’ target costs for the schemes satisfy the Council’s best value requirements;

2.    authorises the Director of Highways and Infrastructure, in consultation with the Portfolio Holder with responsibility for Strategic Transport and the Portfolio Holder for Highways and Waste, to take all necessary actions to implement the two schemes; and

3.    approves the preparation of a Compulsory Purchase Order (CPO) in respect of land and/or rights required to deliver the A530 Scheme, where such land and/or rights cannot be acquired by agreement; and that in the event that a CPO is required, Cabinet authority to make the Order be sought at that stage.

To consider a report which seeks approval to proceed with the use of compulsory purchase powers in connection with the Middlewich Eastern Bypass.

Cabinet considered a report which sought approval to proceed with the use of compulsory purchase powers in connection with the Middlewich Eastern Bypass.

RESOLVED

That Cabinet

1.    confirms that the acquisition of the land identified on the Order Map attached to the report is necessary for highway purposes;

2.    approves the draft Statement of Reasons and the draft Order Map both substantially in the form annexed to the report for the purposes of the Compulsory Purchase Order but delegates to the Director – Infrastructure and Highways, in consultation with the Director of Governance and Compliance, authority to modify them as necessary;

3.    approves the draft SRO Plans substantially in the form annexed to the report for the purposes of the Side Roads Order and delegates to the Director – Infrastructure and Highways, in consultation with the Director of Governance and Compliance, authority to modify them as necessary;

4.    authorises the Director – Infrastructure and Highways, in consultation with the Director of Governance and Compliance, to determine the form and contents of the Schedules (“the Schedules”) necessary as part of the CPO to identify the land contained within the Order Map;

5.    authorises the Director of Governance and Compliance to make The Cheshire East Council (Middlewich Eastern Bypass) Compulsory Purchase Order 2020 (“the CPO”) pursuant to Section(s) 239, 240, 246, 250 and 260 of the Highways Act 1980, Schedule 3 to the Acquisition of Land Act 1981 and all other powers as appropriate for the purpose of acquiring the land and interests shown on the Order Map and described in the Schedules (or such lesser area of land should this in his opinion be appropriate) to facilitate the construction of the Scheme, and that the Common Seal of the Council be affixed to the CPO and to the Order Map;

6.    authorises the Director of Governance and Compliance to make The Cheshire East Borough Council and Cheshire West and Chester Borough Council (Middlewich Eastern Bypass) (Classified Road) (Side Roads) Order 2020 (“the SRO”) under Sections 8, 14 and 125 of the Highways Act 1980 and all other necessary powers to improve, stop up existing highways, stop up and/or amend private means of access and provide replacement private means of access, and construct lengths of new highway as required to deliver the Scheme;

7.    authorises the Director – Infrastructure and Highways, in consultation with the Director of Governance and Compliance, to make any amendments necessary to the contemplated CPO and/or SRO (“the Orders”) arising as a result of further design work or negotiations with landowners or affected parties or for any connected reasons in order to enable delivery of the Scheme;

8.    authorises the Director of Governance and Compliance to advertise the making of the CPO and the SRO (“the Orders”) to comply with all associated requirements in respect of personal, press and site notices, and to take all other relevant action thereon to promote the confirmation of the Orders;

9.    agrees that in the event that no objections are received to  ...  view the full minutes text for item 18.

To consider a report on the appropriation for planning purposes of land at the Garden Village, Handforth.

Cabinet considered a report on the appropriation for planning purposes of land at the Garden Village, Handforth.

RESOLVED

That Cabinet

1.    authorises the advertising of the Council’s intention to appropriate for planning purposes any part of the Open Space Land in accordance with the requirements of section 122(2A) of the Local Government Act 1972;

2.    authorises the Director of Growth and Enterprise to consider any objections which may be received and to make a recommendation as to whether or not appropriation of any part of the Open Space Land should proceed;

3.    subject to the proper consideration by the Director of Growth and Enterprise of any objections received in response to the advertising of the Open Space Land in 2 above, authorises the Council to proceed with the appropriation of the Council Land pursuant to section 122(1) of the Local Government Act 1972;

4.    delegates authority to the Director of Growth and Enterprise, in consultation with the Director of Governance and Compliance and the Section 151 Officer, to negotiate and enter into agreements with third parties in order to secure the modification or release of the Rights (and the grant of new rights) which may otherwise be an impediment to the development of the Garden Village; and

5.    failing such agreements being reached, delegates authority to the Director of Growth and Enterprise, in consultation with the Director of Governance and Compliance and the Section 151 Officer, to deal with the settlement of any claims for compensation made pursuant to section 204 of the Housing and Planning Act 2016 that may arise by virtue of the operation of the overriding power contained in section 203 of that Act.

To consider a report on the procurement of level access showers on behalf of residents with disabilities.

Cabinet considered a report on the procurement of level access showers on behalf of residents with disabilities.

RESOLVED

That Cabinet

1.    approves the procurement and establishment of a Framework to commission level access shower works on behalf of residents with disabilities; and

2.    delegates authority to the Executive Director Place, in consultation with the Portfolio Holder for Environment and Regeneration, to award and enter into a Framework Agreement with a single supplier who meets the procurement criteria and requirements of the Framework.