Agenda and minutes

Councillors T Ranfield, M Asquith, R Menlove and R Parker.

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

Councillor A Moran declared a personal interest  as a member of Nantwich Town Council, a consultee on the Crewe Community Governance Review.

Councillor D Cannon declared a personal interest as a Crewe Charter Trustee.

Councillor R Cartlidge declared a personal interest as a local Member for Crewe and Crewe Charter Trustee.

Councillors B Livesley, G Merry and D Topping declared personal interests as members of Cheshire Fire Authority, a consultee on the Crewe Community Governance Review.

Councillor P Whiteley declared a personal interest as a local member for Wilmslow, which could be affected by any Community Governance Review carried out in response to a petition from residents of Handforth.

The Vice-Chairman also invited Members to  declare any pre-determined views in respect of the matters on the agenda. No such declarations were made.

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.

Note: In order for officers to undertake any background research it would be helpful if questions were submitted at least one working day before the meeting.

Mr Peter Kent stated that he had sought clarification from the Borough Solicitor about the provisions of Section 94 sub-section 2 of the Local Government and Public Involvement in Health Act 2007.

He also expressed the view that the results of the first stage consultation on the Crewe Community Governance Review had proved inconclusive, due in part to public confusion over the consultation ballot questions and to the failure to take account of some key stakeholders who he said were known to support the idea of a town council for Crewe. He called on the Council to carry out a telephone poll to clarify voters’ intentions.

In reply, the Vice-Chairman refuted any suggestion that the questionnaire had been confusing.

Councillor R Westwood expressed concern about undertaking further consultation of those who had already responded without reference to the wider electorate. He felt there was a need for a ‘cooling down’ period of about two years before revisiting the process. He was reluctant to support any proposal which ignored a clear majority of those who had responded and rejected any notion of change at this time.

To approve the minutes of the meeting held on 30 September 2009.

RESOLVED

That the minutes of the meeting held on 30 September 2009 be approved as a correct record.

To note recent changes to the memberships of committees.

The Conservative Group had notified the following changes to committee places:

Health and Adult Social Care Scrutiny Committee

Councillor Rachel Bailey to fill vacancy

Corporate Scrutiny Committee

Councillor Rachel Bailey to fill vacancy

Cheshire East/Cheshire West and Chester/Wirral Scrutiny Committee

Councillor Rachel Bailey to fill vacancy

Governance and Constitution Committee

Councillor Harold Davenport to replace Councillor Tony Ranfield

Northern Planning Committee

Councillor Olivia Hunter to replace Councillor Harold Davenport

Southern Planning Committee

Councillor Robert Parker to fill vacancy

RESOLVED

That

(1)   the changes to committee places be noted; and

(2)   the Committee places on record its thanks and appreciation to Councillor T Ranfield for his contribution as Chairman of the Committee.

1.      Recommendations from the Community Governance Review Sub-Committee

To receive the minutes of the Community Governance Review Sub-Committee meeting of 5 October 2009.

2.      Report of Partnerships and Chief Executive’s Business Manager on Community Governance Arrangements for Crewe

To note the report of the Partnerships and Chief Executive’s Business Manager (to follow).

3.      Recommendations to Council

For the Committee to make recommendations to Council upon the Community Governance Review.

The Committee considered the recommendations of the Community Governance Review Sub-Committee in relation to the Crewe Community Governance Review.

The Sub-Committee had been established by the Committee in May to carry out a Community Governance Review in respect of the whole of the Electoral Wards of Coppenhall, Delamere, Grosvenor, Maw Green, St Johns, Valley and Waldron; and those parts of the following Electoral Wards which do not already fall into an existing parish:  Alexandra, Leighton, St Barnabas, Wistaston Green, the Review to be completed by 30 March 2010.

The Sub-Committee had met on 5 October to consider:

(1)   A briefing paper on the process to be followed in conducting the governance review; and

(2)   the outcome of the first stage consultation with a view to making recommendations to the Governance and Constitution Committee.

(1)   Briefing Paper Formulating the Council’s Draft Recommendation  

The briefing paper was based on statutory guidance issued by the Department for Communities and Local Government and set out the factors which needed to be taken into consideration in formulating the Council’s draft recommendation.    

The Sub-Committee resolved that the procedures to be followed in conducting the Review based on the statutory guidance issued by the Department for Community Governance review be noted. 

(2)   Crewe Community Governance Review – First Stage Consultation

Stage 1 of the consultation process had concluded on 30 September 2009.  The results and the feedback received from stakeholder organizations were submitted to Members for consideration as follows:

(a)       The petition signed by 10% of the electorate requesting a Town Council for Crewe;

(b)       Results of the consultation with electors;

(c)        Results of the consultation exercise with stakeholders;

(d)       Other representations received;

(e)       Notes of the two public meetings held on 1 September 2009; and 

(f)        Feedback from the Crewe Charter Trustees meeting held on 24September 2009. 

The Borough Solicitor had advised the Sub-Committee that on 15 October 2009, Council would consider any recommendations of the Governance and Constitution Committee.

The Sub-Committee debated the outcome of the consultation process and resolved that:

(1)   the matter be remitted to the Governance and Constitution Committee together with the results of the Review without any recommendation from the Sub Committee; and

(2)   information be garnered on other alternatives for community governance for discussion by the Governance and Constitution Committee.   

In considering this matter, Members of the Committee had before them the full set of papers considered by the Sub-Committee on 5 October, including, by way of background information, the report considered by the Sub-Committee on ‘Formulating the Council’s Draft Recommendation’, and the various papers comprising the outcome of the first stage of consultation. Members had also received a Briefing Note prepared by the Chief Executive’s and Partnerships Business Manager on the existing community governance arrangements in Crewe, which sought to satisfy the requirements of the Sub-Committee’s resolution (2).

The Committee proceeded to consider the matter in light of the information provided.

Members sought clarification of what would happen in the event that the Council decided not to pursue  ...  view the full minutes text for item 143.

To consider the receipt of a petition calling for a Community Governance review in respect of the unparished area of Handforth.

The Committee considered the receipt of a petition calling for a Community Governance review in respect of the unparished area of Handforth.

The petition, which had been received on 21 September 2009, had been signed by at least 10% of local government electors for the area and was therefore judged to be valid. The petition identified the following recommendations arising from a Review:

(1)   That a new parish be constituted under Section 87 of the Local Government and Public Involvement in Health Act 2007.

(2)   That the new parish should have a parish council to be known as Handforth Community Council.

(3)   That members of the Council will not be affiliated to any political party.

(4)   That the area to which the review is to relate be defined as being the electoral ward of Handforth as known in 2007.

(5)   That the Council will not precept the area, only use moneys granted, delegated, awarded or given for the benefit of the area.

It was noted that points  (3) and (5) above were outside the scope of any recommendations which could be considered by the Council as part of any community governance review.

Given that the area of Handforth formed part of the wider unparished area of Wilmslow (comprising the former electoral wards of Dean Row, Fulshaw, Handforth, Hough, Lacey Green and Morley and Styal), the Committee was asked to consider whether it would be expedient to extend the remit of the Community Governance Review to encompass the whole of the unparished area as specified. This would need to be made as a recommendation to Council.      

It was also reported orally at the meeting that a petition had been received on 14 October 2009, calling for a community governance review for the unparished area of Wilmslow. As of the date of the meeting, the petition had not been validated. The petition asked the Council to consider making the following recommendations:

(1)   That a new parish be constituted under Section 87 of the Local Government and Public Involvement in Health Act 2007.

(2)   That the new parish should have a parish council to be known as Wilmslow and Handforth Town Council.

(3)   That the area to which the review is to relate comprise the Electoral Wards of Dean Row, Fulshaw, Handforth, Hough, Lacey Green and Morley & Styal.

The Committee considered the detailed procedure and timetable for conducting the Review, the criteria to be applied and the options to be considered.

RESOLVED

That

(1)   for the purposes of Section 80 of the Local Government and Public Involvement in Health Act 2007 the petition from residents of Handforth be confirmed as valid and this be confirmed to the petition organisers;

(2)   a Community Governance Review be carried out in respect of the whole of the Electoral Ward of Handforth, as known in 2007, to be  completed by 20 September 2010;

(3)   the receipt of a petition from residents of Wilmslow be noted and Council be recommended that the Community Governance Review be extended to  ...  view the full minutes text for item 144.