Agenda and minutes

Apologies for absence were received from Councillors W Fitzgerald, P Mason and R Menlove.

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda

There were no declarations of interest.

In accordance with Procedure Rules Nos. 11 and 35 a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.

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.

In order for an informed answer to be given, where a member of the public wishes to ask a question of a Cabinet Member three clear working days notice must be given and the question must be submitted in writing.  It is not required to give notice of the intention to make use of public speaking provision but, as a matter of courtesy, a period of 24 hours notice is encouraged.

There were no questions from members of the public.  Mr L Murgatroyd made a statement to the Cabinet on the proposed car parking charges in Congleton, and on the public consultation that had been carried out.

To approve the Minutes of the Meeting held on 19 January 2010.

RESOLVED

That the minutes of the meeting held on 19 January 2010 be approved as a correct record.

To consider the appropriation of land for car parking purposes.

In accordance with Access to Information Procedure Rule 14 Members are asked to note that this matter has not been considered in the Forward Plan of Key Decisions to be taken between 1 January 2010 and 30 April 2010.  Prompt action is, however, required in order to meet the planned implementation date and it would be impracticable to defer the decision until it could be included in the next Forward Plan. 

The Chairman of the Environment and Prosperity Scrutiny Committee has agreed that in accordance with Scrutiny Procedure Rule 13 this decision shall be considered as urgent.  The decision will therefore be exempt from call-in on the basis that any delay caused by the call-in process would be likely to seriously prejudice the Council’s or the public’s interest and would mean that the Council’s timetable for implementation of the proposed off-street parking places order could not be met.

In accordance with Access to Information Procedure Rule 14 Members had been asked to note that this matter has not been included in the Forward Plan of Key Decisions to be taken between 1 January 2010 and 30 April 2010.  Prompt action was, however, required in order to meet the planned implementation date and it would be impracticable to defer the decision until it could be included in the next Forward Plan. 

The Chairman of the Environment and Prosperity Scrutiny Committee had agreed that in accordance with Scrutiny Procedure Rule 13 this decision would be considered as urgent.  The decision was therefore exempt from call-in on the basis that any delay caused by the call-in process would be likely to seriously prejudice the Council’s or the public’s interest and would mean that the Council’s timetable for implementation of the proposed off-street parking places order could not be met.

Consideration was given to the report of the Borough Treasurer and Head of Assets on the appropriation for car parking purposes of certain parcels of land belonging to the Council.  The report included details of objections received to the proposed appropriation and these were considered by the Cabinet .

RESOLVED

For the reasons set out in the report: -

In accordance with section 122 of the Local Government Act 1972, and following consideration of the objections received in relation to the proposed appropriation of the land described within Appendix 1 to this report, that approval be given to the appropriation of the land for parking purposes.

To consider amendments in relation to the approval of an off street parking places order for the former Congleton Borough Council area.

In accordance with Access to Information Procedure Rule 14 Members are asked to note that this matter has not been considered in the Forward Plan of Key Decisions to be taken between 1 January 2010 and 30 April 2010.  Prompt action is, however, required in order to meet the planned implementation date and it would be impracticable to defer the decision until it could be included in the next Forward Plan. 

The Chairman of the Environment and Prosperity Scrutiny Committee has agreed that in accordance with Scrutiny Procedure Rule 13 this decision shall be considered as urgent.  The decision will therefore be exempt from call-in on the basis that any delay caused by the call-in process would be likely to seriously prejudice the Council’s or the public’s interest and would mean that the Council’s timetable for implementation of the proposed off-street parking places order could not be met.

In accordance with Access to Information Procedure Rule 14 Members had been asked to note that this matter has not been included in the Forward Plan of Key Decisions to be taken between 1 January 2010 and 30 April 2010.  Prompt action was, however, required in order to meet the planned implementation date and it would be impracticable to defer the decision until it could be included in the next Forward Plan. 

The Chairman of the Environment and Prosperity Scrutiny Committee had agreed that in accordance with Scrutiny Procedure Rule 13 this decision would be considered as urgent.  The decision would therefore be exempt from call-in on the basis that any delay caused by the call-in process would be likely to seriously prejudice the Council’s or the public’s interest and would mean that the Council’s timetable for implementation of the proposed off-street parking places order could not be met.

Consideration was given to the report of the Strategic Director Places.  In the light of additional information the Cabinet was asked to consider amending its decision of 10 November 2009 in relation to the approval of an off street parking places order for the former Congleton Borough Council area.  

Cabinet was requested to make the Order in part on the basis set out within Appendix 2 of the report.    

RESOLVED

For the reasons set out in the report: -

That the decision of 10 November 2009 be substituted with the decision to authorise the Borough Solicitor to make the Cheshire East Borough Council (Off-Street Parking Places)(Congleton Area) Order 2010 on the basis set out within Appendix 2 of the report, and that a decision on the remainder of the proposals within Appendix 1 of the report be deferred.

For the Leader to recommend to Cabinet the appointment of a further Cabinet Support Member.

Cabinet was requested to approve the appointment of Councillor D Stockton as Cabinet Support Member in place of Councillor Menlove.  In addition it was proposed that a further Cabinet Support Member role be created to support Prosperity and that Councillor D Thompson be appointed to that position.

RESOLVED

1. That Councillor D Stockton be appointed as Cabinet Support Member in place of Councillor R Menlove.

2. That a further Cabinet Support Member role be created to support Prosperity and that Councillor D Thompson be appointed to the position.

The report relating to the remaining item on the agenda has been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matter may be determined with the press and public excluded.

Cabinet may decide that the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of  Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

RESOLVED

That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of  Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

To consider the report of the Head of  Human Resources and Organisational Development.

Consideration was given to the report of the Head of Human Resources and Organisational Development.

RESOLVED

For the reasons set out in the report: -

1.      That the decision of the Chief Executive to release the employees whose roles are listed in Appendix A of the report under the arrangements agreed in relation to severance provisions for employees in the Council be supported.

2.      That the employees, whose roles are listed in Appendix B of the report, who may become compulsorily redundant and would receive payments under the arrangements agreed in relation to severance provisions for employees in the Council, be noted.