Agenda and minutes

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

Councillors J Crockatt, J P Findlow, A Moran and P Whiteley declared personal, non-prejudicial interests in an item on the agenda concerning the rights and privileges of Honorary Aldermen and Freemen. They had all been admitted as Honorary Aldermen by their former authorities and would therefore become Honorary Aldermen on their retirement from Cheshire East Council. 

In accordance with Procedure Rules Nos.11 and 35 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 meeting. 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. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide three clear working days’ notice, in writing, in order for an informed answer to be given.

There were no members of the public wishing to speak or ask a question.

To approve the minutes of the meeting held on 12^th July 2010.

RESOLVED

That the minutes of the meeting held on 12^th July 2010 be approved as a correct record.

To consider the recommendations of the Outside Organisations Sub-Committee at its meeting on 13^th September 2010.

The Committee considered a report setting out the recommendations of the Outside Organisations Sub-Committee.

The Sub-Committee had been appointed by the Constitution Committee at its meeting on 24^th June 2010 and comprised six Members in accordance with the rules of political proportionality (4:1:1), the Members being Councillors D Brickhill, R Cartlidge, J P Findlow, S Jones, P Whiteley and J Wray.

The Sub-Committee had been appointed on the following basis:

(a)               to serve for the remainder of the Municipal Year;

(b)               to meet on an ad hoc basis;

(c)               to oversee appointments to Category 2 outside organisations in general, and to address any issues which emerge in respect of those appointments;

(d)               to continue with the review started by the former Task Group in respect of establishing the effectiveness and appropriateness of representation; and

(e)               to report back to the Constitution Committee as and when it considers appropriate within the Municipal Year.

The Sub-Committee had held its first meeting on 13 September 2010.  Councillor Shirley Jones had been appointed Chairman to serve for the remainder of the Municipal Year.

The report set out the Sub-Committee’s recommendations on a number of casual vacancies and requests by new outside organisations for Council representation. Detailed background information on each organisation was included in the report.

The Officers reported that the Wilmslow Trust had been included in the report in error as there was no vacancy on that body.

RESOLVED

That

(1)   the following Councillors be appointed to the casual vacancies indicated:

(a)       Eaton Hall Sand Quarry Liaison Group, Congleton:

            Councillor A Knowles

(b)       King’s School, Macclesfield: Councillor H Gaddum

(c)        Amos Johnson Fund: Councillor G Barton

(2)   Linden Bank Community Liaison Group be added to the Category 2 list of outside organisations, and Councillor Barry Moran be appointed as the Council’s representative;

(3)   Maw Green Landfill Site Community Liaison Meeting be added to the list of Category 2 organisations, and Councillors J Hammond and C G Thorley be appointed as the representatives, subject to the  establishment of the legal implications of representation;

(4)   no change be made in the representation on Cheshire Landfill Tax Advisory Panel (ie Councillor D Brickhill to remain as the representative);

(5)   the Association for Public Service Excellence (APSE) be added to the list of Category 2 organisations, and Councillor J P Findlow be appointed as the Council’s representative; and

(6)   Cabinet be asked to agree to the re-designation of the Standing Advisory Council for Religious Education (SACRE) as a Category 2 organisation.

To consider the recommendations of the Civic Sub-Committee to the Constitution Committee in relation to the following:

?         Honorary Aldermen and Freemen

?         Freedom of the Borough – 1^st Battalion, Mercian Regiment (Cheshire)

?         Flag Flying Policy

The Committee considered a report setting out the recommendations of the Civic Sub-Committee at its meeting on 3^rd August 2010 in relation to the following:

?       Honorary Aldermen and Freemen

?       Freedom of the Borough – 1^st Battalion, Mercian Regiment (Cheshire)

?       Flag Flying Policy

Honorary Aldermen and Freemen

The Civic Sub-Committee had previously considered a report on matters relating to the Honorary Aldermen and Freemen of Cheshire East Council who had been admitted from the demised authorities.

Cheshire East Council now needed to consider its own arrangements. A draft Scheme had been drafted for Members’ consideration as attached as Appendix 5 to the report to the Sub-Committee.

The Sub-Committee had resolved that the draft scheme be recommended to the Constitution Committee subject to the following:

1.      for the purposes of the scheme, the term ‘eminent service’ shall mean a minimum of 12 years’ service, whether consecutive or otherwise;

2.      the rights and privileges previously afforded to County Honorary Aldermen as set out in Appendix 4 shall be conferred on newly-appointed Honorary Aldermen in Cheshire East and incorporated into the scheme accordingly, subject to the following amendments:

a.      parking passes shall be provided for Westfields and Macclesfield Town Hall

b.      a life pass to Tatton Park and its facilities shall be granted to an Honorary Alderman and one guest

3.      the rights and privileges conferred on Honorary Aldermen under this Scheme shall also apply to newly-appointed Honorary Freemen; and

4.      where the title of Honorary Freeman has been conferred on a body or organisation, an appropriate representative of that body shall be invited to attend any relevant functions.

The Constitution Committee considered the Sub-Committee’s recommendations.

Members agreed that for the purpose of calculating 12 years’ service, Members who had served on both the County and a District Council within Cheshire East, or on the shadow authority, should have the number of years’ service on each body taken into account separately.

Members also had regard in particular to the arrangements for providing Honorary Aldermen and Freemen with access to parking facilities and to key civic functions such as the County Show and the RHS Show. Members felt that any arrangements should apply indiscriminately to all Cheshire East Aldermen and Freemen irrespective of the rights and privileges bestowed on them by individual legacy authorities. Members also recognised the need to consider carefully the potential resource implications of any such privileges.

During consideration of this matter, Members also felt that the arrangements for serving councillors should also be clarified, particularly with regard to attendance at civic functions.

It was clear from the discussion that more information was required in certain areas and that some aspects of the scheme would need to be deferred for further consideration.

RESOLVED

That the draft scheme relating to the appointment, rights and privileges of Honorary Aldermen and Freemen as set out at Appendix 5 to the report to the Civic Sub-Committee be recommended to Council for adoption and incorporation into the Constitution subject to the following:  ...  view the full minutes text for item 19.

To review proposed amendments to the Planning Protocol adopted by the Council on 24^th February 2009 and make recommendations to Council.

The Committee considered a report on proposed amendments to the Planning Protocol adopted by the Council on 24^th February 2009 with a view to making recommendations to Council.

In August 2009 a meeting had been held between the Chairmen and Vice-Chairmen of the Strategic Planning Board and Planning Committees and relevant Planning Officers to review a number of issues arising out of the first three months of the operation of the Development Management Service for Cheshire East. This had included the operation of the Planning Protocol. At that meeting it had been noted that an updated version of the Local Government Association guidance document, “Probity in Planning”, had been published. Whilst the guidance did not require wholesale changes to the Protocol, it was felt that some further clarification could be incorporated within it. Additionally, there were a number of amendments/clarifications that Officers had identified for the Planning Protocol arising from its operation during the initial months of the new Council.

An amended Planning Protocol had now been produced and was attached to the report.

The amended Planning Protocol had been considered by the Strategic Planning Board at its meeting on 25^th September 2010 and the Board had resolved that the amended Protocol be commended to the Constitution Committee for inclusion in the Constitution subject to minor amendments to paragraph 8.4 and 4.5, and to any views expressed by the Standards Committee. The Standards Committee at its meeting on 27^th September 2010 had resolved that the revised Planning Protocol be commended to the Constitution Committee for approval without amendment, and that a review of the Public Speaking Protocol be undertaken to ensure consistency.

In considering this matter, some members of the Constitution Committee felt that the Protocol in its present form was too detailed and, in parts, overly prescriptive. It was suggested that the Protocol as a whole should be reviewed with a view to producing a shorter, more user-friendly guide.

RESOLVED

That

(1)   the Planning Protocol be not referred to Council for approval at this stage; and

(2)   a sub-committee be appointed, the size, proportionality and membership to be determined in consultation with the Chairman and Group Whips, to be charged with examining the Protocol and, if necessary, redrafting it as a short sensible guide with the assistance of the Officer who drafted the amendments.

To consider proposed changes to the Council and Committee Procedures as part of the review of the Council’s Constitution.

The Committee considered proposed changes to the Council and Committee Procedure Rules as part of the review of the Council’s Constitution.

Cabinet Members and Directors had been consulted and no specific matters had been raised. However, Democratic Services Officers had identified the following issues:

1.      The Constitution was silent on the specific requirements relating to the Local Government Act in relation to timescales for holding the Annual Meeting

of Council. The following was therefore proposed:

“ANNUAL MEETING OF THE COUNCIL

Timing and business

In a year when there is an ordinary election of councillors, the annual meeting will take place within 21 days of the retirement of the outgoing councillors. In any other year, the annual meeting will take place in March, April or May on a date the Council will decide at or before their last meeting prior to the Annual General Meeting. In the absence of a decision or statutory provision to the contrary the day will be the third Thursday in May.

The annual meeting will:

(i)                 elect a person to preside if the Mayor is not present;

(ii)               elect the Mayor;

(iii)             elect the Deputy Mayor;

(iv)             approve as a correct record and sign the minutes of the last  meeting;

(v)               receive any communications from the Mayor;

(vi)             receive any declarations of interest from members;

(vii)           appoint the Overview and Scrutiny Committees, the Standards  Committee and such other committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are Executive functions;

(viii)         consider any business set out in the notice convening the meeting.”

2.      The Constitution was silent on the Order of Business for ordinary Council meetings. This should be listed so that members, officers and the public had certainty. The following was therefore proposed:

“Council will:

(i)         elect a person to preside if the Mayor and Deputy Mayor are not present;

(ii)        approve as a correct record and sign the minutes of the last meeting;

(iii)             receive any communications from the Mayor;

(iv)             receive any declarations of interest from members;

(v)               deal with any business outstanding from the previous Council meeting;

(vi)             receive questions from the public;

(vii)      receive any recommendations from the Cabinet or any Council Committee;

(viii)         receive questions from Members;

(ix)             consider any motions moved without notice;

(x)               consider any motions;

(xi)             consider any urgent items;

(xii)           consider any other business set out in the notice.”

3.      The existing provision relating to special Council meetings was considered incomplete and the following was proposed in its place:

“EXTRAORDINARY MEETINGS

Calling extraordinary meetings.

Those listed below may request the Chief Executive to call Council meetings in addition to ordinary meetings:

(i)        the Council by resolution;

(ii)       the Mayor of the Council;

(iii)      the Monitoring Officer; and

(iv)      any eight members of the Council if they have signed a requisition presented to the Mayor and he/she has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the  ...  view the full minutes text for item 21.

To consider proposals to consult on two options for future executive arrangements for Cheshire East Council.

The Committee considered proposals to consult on two options for future executive arrangements for Cheshire East Council.

The Local Government and Public Involvement in Health Act 2007 required local authorities to choose one of two new models of executive leadership: either a directly-elected Mayor with a Cabinet, or a strong Leader and Cabinet. The period of office of either a Mayor or a Leader was to be for four years. The change in executive arrangements had to come into effect from May 2011, and the Council had to pass a resolution giving effect to the change by 31^st December 2010.

Guidance had recently been issued in the form of a letter from the Minister for Housing and Local Government. This indicated that whilst the statutory requirement to follow the consultation process had to be adhered to, Councils were encouraged not to incur any significant expenditure in doing so. Indeed, the requirements were likely to be repealed, but not before the Council was required to make an appropriate resolution.

RESOLVED

That

(1)   a public consultation exercise be undertaken between 1^st October and 12^th November 2010, by way of an article and press release via the Council’s website, on the options for future executive arrangements for Cheshire East Council, the consultation to make reference to the advice received from the Minister for Housing and Local Government; and

(2)   the result of the consultation exercise be reported to the Constitution Committee on 18^th November 2010 with a view to making a recommendation to Council on 16^th December 2010.

To consider an extension of the terms of reference of the Wilmslow Community Governance Review Sub-Committee to enable it to make recommendations on precepting for any new parishes created by the Review and to deal with such governance, accommodation and other preparations as may be required.

The Chairman is of the opinion that this matter constitutes urgent business and may be dealt with at this meeting in accordance with Committee Procedure Rule 37.2. The reason for urgency is as follows:

“To enable the Wilmslow Community Governance Review Sub-Committee to continue with the next stages of the Review in accordance with the statutory timetable.”

The Chairman was of the opinion that this matter constituted urgent business and could be dealt with at the Committee’s meeting in accordance with Committee Procedure Rule 37 and Section 100B(4)(b) of the Local Government Act 1972. The reason for urgency was as follows:

“To enable the Wilmslow Community Governance Review Sub-Committee

to continue with the next stages of the Review in accordance with the statutory timetable.”

The Wilmslow Community Governance Review Sub-Committee had met on 27^th September 2010 to consider the outcome of the Stage 2 consultation and to give initial consideration to the potential running costs and budgetary requirements of the three proposed parish councils.

Members had been advised that established Parish Councils advised the Borough Council in January each year of their precept requirements and these were then included by the Borough Council as part of the total Council Tax-setting process. The difficulty with the process for proposed new parish councils in the Wilmslow area (if that were the outcome of the review), was that the parish councils themselves would not come into operation until Councillors had been elected in May 2011. Action was therefore required by Cheshire East Council to ensure that the new parish councils had a budget to work with.

The Sub-Committee felt that as part of its work on the Review, it should make recommendations on precepts for the first year of the new parish councils. This would require an extension to the Sub-Committee’s terms of reference by the Constitution Committee.

It was important to be clear that in considering this matter the outcome of the Community Governance Review was not being prejudiced. However, in view of the tight timescales involved, thought had to be given to matters of precepting, budgets and governance arrangements in early course.

RESOLVED

That the terms of reference of the Wilmslow Community Governance Review Sub-Committee be extended to enable it to make recommendations on precepting for any new parishes created by the Review and to deal with such governance, accommodation and other preparations as may be required.