Decisions

Decisions published

12/07/2019 - Crewe Hub Area Action Plan - Development Strategy and Further Options ref: 2264    Recommendations Approved

To approve consultation on the next stage of the Crewe Hub Area Action Plan.  The proposed consultation is on a series of preferred options relating to both policy and land use configurations.

Decision Maker: Portfolio Holder for Planning

Decision published: 12/07/2019

Effective from: 20/07/2019

Decision:

That, having considered the consultation responses to the Crewe Hub Area Action Plan Development Strategy and the recommendations from the Strategic Planning Board,

 

1          the Crewe Hub Area Action Plan Development Strategy and Further Options be approved for consultation under Regulation 18 of the Town and Country Planning (Local Planning)(England) Regulations 2012 as amended;  and

 

2          authority be delegated to the Head of Strategic Planning, following consultation with the Portfolio Holder for Planning, to implement any minor, non-material corrections to the document.

 

Wards affected: Crewe Central; Crewe East; Crewe North; Crewe South; Crewe St Barnabas; Crewe West; Leighton;

Lead officer: Tom Evans


09/07/2019 - A500 Dualling - Approval to Acquire Land Required to Deliver the Scheme ref: 2268    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet considered a report which sought approval for the use of powers of Compulsory Purchase to undertake the acquisition of land and new rights required for the construction of the A500 Dualling Scheme.

 

RESOLVED:  That Cabinet

 

1.         authorise the making of an Order (or Orders) under Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and all other powers as appropriate for the compulsory purchase of land and rights required for the construction of the Scheme as shown on the CPO Plan (Appendix A).

 

2.         authorise the making of a Side Roads Order (or Orders) under Sections 8, 14 and 125 of the Highways Act 1980 and all other necessary powers to improve, stop up existing highways, construct lengths of new highway and stop up and provide replacement private means of access as required to deliver the Scheme;          

 

3.         authorise the Executive Director – Place in consultation with the Director of Governance and Compliance Services to make any amendments necessary to the contemplated 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.

 

4.         Authorise the Executive Director – Place in consultation with the Director of Governance and Compliance Services to take all appropriate actions to secure the confirmation of the contemplated orders including:

 

                      i.        authority to take all necessary action to secure the making, submission to the Secretary of State for confirmation and (if confirmed) implementation, of the Orders including the publication and service of all relevant notices and for the Director of Governance and Compliance to secure the presentation of the Council’s case at any public inquiry and the subsequent service of Notices to Treat and Notices of Entry or, as the case may be the execution of General Vesting Declarations;

 

                    ii.        authority to negotiate and enter into agreements and undertakings with the owners of any interest in the required land under the CPO and/or the SRO (“the Orders”) and any objectors to the confirmation of the Orders setting out the terms for the withdrawal of objections to the Orders including where appropriate, the inclusion in and/or exclusion from the CPO of land or new rights or the amendments of the SRO and to authorise the Director of Governance and Compliance to agree, draw up, and to sign all necessary legal documents to record such agreements and undertakings;

 

                   iii.        authorise in the event that any question of compensation is referred to the Upper Tribunal (Lands Chamber) the Director of Governance and Compliance to take all necessary steps in connection with the conduct and, if appropriate, settlement of such proceedings;

 

                   iv.        authorise the Director of Governance and Compliance Services to appoint suitable counsel to advise and represent the Council at any Public Inquiry held in respect of the Orders and to provide legal support to the team through the process;

 

5.         authorise the Head of Estates to seek to acquire the land and rights (or extinguish the same) required for the Scheme by agreement and to instruct the Director of Governance and Compliance to negotiate and enter into the agreements necessary to complete such acquisitions.

 

6.         authorise the Head of Estates to negotiate and approve the payment of relevant and reasonable professional fees incurred by landowners and others with compensate able interests in taking professional advice in connection with the acquisition of their interests required for the scheme and related compensation claims and also in advancing the development or implementation of the Scheme.

 

7.         authorise entering into an agreement with Staffordshire County Council under powers in section 8 of the Highways Act 1980 facilitating the transfer of functions of Staffordshire’s highway powers and duties in relation to that land which falls within the administrative boundary of Staffordshire County Council required for delivery of this scheme.


09/07/2019 - Middlewich Eastern Bypass - Approval to Proceed with the Acquisition of Land Required to Deliver the Scheme ref: 2267    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet considered a report which sought approval for the use of powers of compulsory purchase to undertake the acquisition of land and new rights required for the construction of the Middlewich Eastern Bypass.

 

RESOLVED: That Cabinet

 

1          authorise the making of an Order (or Orders) under Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and all other powers as appropriate for the compulsory purchase of land and rights required for the construction of the Scheme as shown on the CPO Plan (Appendix A to the Report).

 

2          authorise the making of a Side Roads Order (or Orders) under Sections 8, 14 and 125 of the Highways Act 1980 and all other necessary powers to improve, stop up existing highways, construct lengths of new highway and stop up and provide replacement private means of access as required to deliver the Scheme;

 

3          authorise the Executive Director Place, in consultation with the Director of Governance and Compliance Services, to make any amendments necessary to the contemplated 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;

 

4          authorise the Executive Director Place, in consultation with the Director of Governance and Compliance Services, to take all appropriate actions to secure the confirmation of the contemplated orders including:

 

                      i.        authority to take all necessary action to secure the making, submission to the Secretary of State for confirmation and (if confirmed) implementation, of the SRO and the CPO including the publication and service of all relevant notices and for the Director of Governance and Compliance to secure the presentation of the Council’s case at any public inquiry and the subsequent service of Notices to Treat and Notices of Entry or, as the case may be the execution of General Vesting Declarations;

 

                    ii.        authority to negotiate and enter into agreements and undertakings with the owners of any interest in the required land under the CPO and/or the SRO (“the Orders”) and any objectors to the confirmation of the Orders setting out the terms for the withdrawal of objections to the Orders including where appropriate, the inclusion in and/or exclusion from the CPO of land or new rights or the amendments of the Side Roads Order and to authorise the Director of Governance and Compliance to agree, draw up, and to sign all necessary legal documents to record such agreements and undertakings;

 

                   iii.        authorise in the event that any question of compensation is referred to the Upper Tribunal (Lands Chamber) the Director of Governance and Compliance Services to take all necessary steps in connection with the conduct and, if appropriate, settlement of such proceedings;

 

                   iv.        authorise the Director of Governance and Compliance Services to appoint suitable counsel to advise and represent the Council at any Public Inquiry held in respect of the Orders and to provide legal support to the team through the process;

 

5.         authorise the Head of Estates to seek to acquire the land and rights (or extinguish the same) required for the Scheme by agreement and to instruct the Director of Governance and Compliance Services to negotiate and enter into the agreements necessary to complete such acquisitions.

 

6.         authorise the Head of Estates to negotiate and approve the payment of relevant and reasonable professional fees incurred by landowners and others with compensateable interests in taking professional advice in connection with the acquisition of their interests required for the scheme and related compensation claims and also in advancing the development or implementation of the Scheme.

 


09/07/2019 - Payment Services ref: 2273    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet considered a report on the award of a contract for payment services which allowed residents to pay local taxation and other council invoices at the Post Office and local retail outlets by cash.

 

RESOLVED: That Cabinet

 

1          agree that the Council enter into a contract for electronic payment services with Allpay via the Procurement for Housing Framework to facilitate payment of local taxation and other council invoices; and

 

2          the Revenue Manager take all necessary actions to implement the contractual arrangement.

 

 


09/07/2019 - Proposed Expansion of Park Lane School, Macclesfield ref: 2270    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet considered a report on the proposed expansion of Park Lane School. Macclesfield.

 

A need for the Council to increase its specialist provision in the Macclesfield locality had been identified, with 39% of pupils from this area requiring specialist provision travelled outside Cheshire East, with the average journey being over an hour away. 

 

Park Lane School had expressed an interest to expand its current provisions and the report detailed the outcome of the statutory public notice and subsequent 4 weeks statutory representation period.

 

RESOLVED:  That Cabinet 

 

1          approve the proposed expansion of Park Lane School, Macclesfield from 82 places to 122 places over a phased period; and

 

2          delegate authority to the Executive Director People to implement all actions considered necessary or expedient, with budget allocation, to procure and deliver the construction of the proposed expansion.

 


09/07/2019 - Notice of Motion - Children with Special Educational Needs ref: 2266    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet considered the following Notice of Motion, which had been moved by Cllr L Jeuda and seconded by Cllr D Flude at the Council meeting on 21 February 2019 and referred to Cabinet for consideration:

 

“Article 7 and 24 of the UN Convention on the Rights of Persons with Disabilities places an obligation on Government and Local Authorities to promote, fund and develop capacity in mainstream schools to cater for the needs of disabled pupils.

At the heart of the 2014 Children and Families Act there is the ‘presumption of mainstream education’ for all our children, it places a duty on local authorities to support the provision of placements for all disabled children living in their catchment area. 

 

The progress made towards inclusive education has stalled and increasingly disabled children are segregated in special schools.   Ofsted’s Annual Report 2017/18 highlighted concerns about the poor quality of Special Educational Need provision for Disabled pupils in mainstream education.

 

The Department of Education introduced thes policy in 2013 which placed the responsibility on mainstream schools to fund the first £6000 for every pupil with special educational needs out of their own budget, this has done nothing to incentivise schools to accept these pupils.

 

This Council resolves to adopt a policy with a general presumption that children with Special Educational Needs will be integrated into mainstream schools, with adequate resources to support the teaching staff and put an end to segregation.”

 

The report set out the current arrangements for special education needs, which encouraged mainstream education where it was appropriate.

 

RESOLVED:  That Cabinet

 

1          accepts the notice of motion and notes that:

 

                    i.          education, health and care plans name the school best placed to meet the needs of the young person following consultation with appropriate settings, which must include the parents preferred setting.

 

                  ii.          specialist provision is only considered when a mainstream setting is not appropriate to meet the needs of a child or to meet parental request.

 

                 iii.          appropriate provision to meet the assessed needs of children and young people is agreed in the education, health and care plan and funding is allocated accordingly.

 

                 iv.          the Cabinet Member for Children and Families will review the current policies for Children with Special Educational Needs and Disability (SEND) to ensure they are contemporary with all relevant legislation and reflect the needs of the children and young people of Cheshire East.

 


09/07/2019 - Notice of Motion - Online Betting Advertisements ref: 2265    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet considered the following Notice of Motion, which had been moved by Cllr A Arnold and seconded by Cllr L Wardlaw at the Council meeting on 21 February 2019 and referred to Cabinet for consideration:

 

“The gambling industry has confirmed plans to press ahead with a voluntary ban on betting adverts during sport programmes from next summer, amid mounting pressure to protect children from excessive exposure to gambling. Sport programs only does not go far enough. We would like to see a total ban on all online gambling pre watershed and the notice of motion is to lobby the government to adopt this as a policy. As it is now possible through phones, tablets and PC s to place bets.”

 

It was proposed that Motion be amended to add “That the Council writes to the Secretary of State to express our views.”

 

Since the Notice of Motion new Advertising Standards Agency guidance on protecting children and young people from gambling advertising online had come into effect from 1 April 2019.

 

Councillor L Wardlaw attended the meeting and spoke in support of the Motion

 

RESOLVED: 

 

That Cabinet support the amended Notice of Motion and notes that the new guidance from the Advertising Standards Agency came into effect on 1 April 2019 which restricts the placement and style of online gambling advertising to provide greater protection for children and young peoples.


09/07/2019 - Next Generation Wide Area Network Contract ref: 2271    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet consider a report which sought approval for the procurement of the next generation WAN services.

 

The current contract for the WAN ended on 21 February 2021 and an alternative supplier needed to be procured and a contact in put in place to complete the implementation of the New Generation WAN by the current contract end date.

 

RESOLVED:  That Cabinet

 

1          agrees to the procurement of next generation wide area network services using a Crown Commercial Services Framework

 

2          delegates authority to the Executive Director Corporate Services, after consultation with the Portfolio Holder for Finance, IT and Communication, to

 

a.           follow the prescribed procurement  process to award a contract to a supplier for the provision of next generation wide area network services; and

 

b.           enter into a contract with the successful supplier, after consultation with the Director of Governance and Compliance, and the Section 151 Officer.


09/07/2019 - Cheshire East Draft Economic Strategy ref: 2269    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet considered a report on the Council’s draft Economic Strategy.

 

The draft Economic Strategy for 201-2014 set out an ambition for sustainable growth and the key priorities for enabling the delivery of this,

 

The draft Economic Strategy would be published for public consultation for a period of 8 weeks, seeking feedback from residents, businesses, public sector partners and other non-government agencies.

 

RESOLVED: That Cabinet

 

1          approve the draft Economic Strategy, as outlined in Appendix A to the Report, for the basis of consultation; and

 

2          delegates authority to the Portfolio Holder for Environment and Regeneration to consider the results of the consultation, to make appropriate amendments and approve the final draft of the Economic Strategy.


09/07/2019 - Outside Organisations Appointments 2019-2023 ref: 2272    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/07/2019 - Cabinet

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

Cabinet considered a report on nominations to Category 1 outside organisations.

 

Category 1 appointments had been allocated to Cabinet to make.  These appointments were to top level strategic organisations at national, regional and local level.  Details of the appointments being considered were detailed in the Schedule attached to the Report.

 

Appointments would be made for the duration of the Council, which was 2019-2023, although it may sometimes be necessary or desirable for them to be reviewed during that time in order to take into account changes for vacancies that may arise.

 

The following amendments were proposed to the Schedule attached to the Report:

 

·       deletion of Plus Dane (Cheshire) Housing Association Ltd as there was no longer a requirement to appoint to this organisation;

·       addition of Alderley Park Ltd and Alderley Park Holdings Ltd to the Schedule, with the appointment of Councillor C Browne to these organisations;

·       the appointments to The Silk Heritage Trust to be Councillors B Puddicombe, L Smetham and L Braithwaite.

 

RESOLVED:  That Cabinet

 

1        confirms it wishes to continue with the current approach to appointing to Outside Organisations, and for the causal vacancy procedure to be used in the event of changes in the mid-term period;

 

2        Alderley Park Ltd and Alderley Park Holdings Ltd be added to the Category 1 List of Outside Organisations and that Cllr Craig Browne be appointment as the Council’s representative thereto until such time as representation is reviewed following the election of the new Council in 2023;

 

3        Plus Dane (Cheshire) Housing Association Ltd be removed from the Category 1 List of Outside Organisations;

4        the appointments to The Silk Heritage Trust to be Councillors B Puddicombe, L Smetham and L Braithwaite;

5        subject to 2, 3 and 4 above, approval be given to the appointment of the representatives shown on the schedule to this report and that the appointments will subsist until such time as representation is reviewed following the election of the new Council in 2023;

6        the appointments take immediate effect; and

7        notwithstanding 1 above, the Cabinet retains the rights to review the representation on any outside organisation at any time.

 


08/07/2019 - Continuation of Informal Parking Incentive Schemes ref: 2263    Recommendations Approved

To seek approval for the continuation, review, cessation or amendment of the temporary informal parking incentive schemes detailed below up to and including 31 March 2020.

Decision Maker: Portfolio Holder for Highways and Waste

Decision published: 08/07/2019

Effective from: 16/07/2019

Decision:

That the temporary incentive schemes below be authorised to continue, cease or be amended or reviewed as described with the management and administration of the schemes remaining with the parking services team.

 

To continue at least up to 31 March 2020

 

1          Free Parking days in a rolling 12 month period. 

 

1.1There will be 4 free days allowed per Town Council in towns where charges apply. The primary purpose of this incentive is to support our towns and provide a flexible incentive which can be used in the run up to Christmas or spread throughout the year to aid key town events.  This originally commenced in Nov 2016.

 

1.2In order to avoid all the spaces being taken up by Workers/Commuters, free parking will only commence after 10am.  The Town Councils take responsibility for advertising and promoting these free days on the designated sites on the days chosen and that any such advertising material is removed in a timely fashion thereafter so as to avoid any confusion for service users.

 

1.3 The car parks authorised for this incentive are as follows:-

·               MACCLESFIELD: Duke Street; Exchange Street; Churchill Way; Park Green; Sunderland Street; Waters Green; Town Hall

·               CREWE: Civic Library; Gatefield; Holly Bank; Delamere Street; Lyceum; Wrexham Terrace

·               NANTWICH: Snow Hill; Civic Hall; Bowling Green

·               CONGLETON: Fairground; Back Park Street; Princess Street

·               ALDERLEY EDGE: South Street

·               KNUTSFORD: Princess Street; Silk Mill Street; King Street

·               WILMSLOW: South Drive; Hoopers; Spring Street; Rex.

 

2          To work with and support Crewe Market Traders and continue the process of them purchasing a pay and display ticket to be displayed alongside a traders parking permit – the car parks closest are short stay and this arrangement lawfully allows them to stay longer than the permitted time on the car park with protected revenue of £2.20 for a pay and display ticket per trader per parking space per day. 

 

3       Egerton School in Knutsford – parents/carers are issued with a permit at a cost of £20 per year which allows them to park on Booths Supermarket Car Park for a set time at school drop off and pick up time.  A Highways survey/attendance supported the off-road parking. The LTP and SMOTS will encourage the school to have a travel policy but as many of the permit holders come from a distance; it isn’t viable or safe for the children to be expected to walk to school.  Approximately 50 permits are in circulation. This important scheme to continue.

 

To be ceased/altered

 

4          To temporarily continue with the Free after 3pm parking incentive on the following car parks only up to 31/3/2020. Whilst a previous study confirmed that the use of this scheme was not supporting its original intention and was in fact in the main supporting free parking for parents at school pick up times, a further assessment will be carried out to see if it is actually increasing footfall to our town centres in the afternoons:-

 

·      Whalley Hayes – Macclesfield

·      Snow Hill – Nantwich

·      Thomas Street in Crewe – from Oak Street car park*

·      South Street – Alderley Edge

·      Back park Street – Congleton

·      Princess Street – Knutsford

 

*   Given the public response to the re-introduction of parking charges at Thomas Street car park in Crewe, a review of the parking charges in Crewe is under way at the request of the Portfolio Holder.

 

5          To mirror the same arrangements as the Crewe market traders, the Crewe Lyceum car park ‘car booters’ will be charged the same £2.20 parking charge with the with effect from 1/10/2019. The car booters will pay £2.20 for a pay and display parking ticket which is displayed in their vehicle on the Lyceum car park in Crewe.

 

6          Macclesfield, Knutsford & Wilmslow outdoor/market traders to follow the same £2.20 charge on Market days.  This will mirror the arrangements with the market traders in Crewe. This will continue to support our important Market Traders who will be advised that a pay and display ticket must be obtained for the value of £2.20 which is then displayed on the dashboard or fascia of the vehicle. This revised scheme to start on 1 October 2019 and continue until 31 March 2020.

 

7          At the next review of the off-street consolidated parking order, to propose that Roe Street car park in Congleton to become a short stay car park with a maximum stay of 3 hours.  Currently, the legal order states that there is no maximum stay.

Wards affected: (All Wards);

Lead officer: Paul Traynor


22/05/2019 - Election of Leader of the Council ref: 2253    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/05/2019 - Council

Decision published: 03/07/2019

Effective from: 22/05/2019

Decision:

Nominations were invited for the election of the Leader of the Council.

 

The following nominations were submitted:-

 

Councillor Sam Corcoran.

Councillor Janet Clowes.

 

AMENDMENT

 

An amendment to replace recommendation 2.1 with the following wording was proposed and seconded:-

 

“That the appointment of the Leader of the Council be for one year only, and that the Constitution be amended accordingly”.

 

Following the debate on the amendment, a requisition for a named vote was submitted. The amendment was put to the meeting with the following results:-

 

FOR

 

Councillors M Addison, M Asquith, R Bailey, M Beanland, M Benson, J Clowes, S Davies, T Dean, S Edgar, JP Findlow, A Gage, S Gardiner, P Groves, S Holland, A Kolker, C Leach, A Martin, K Parkinson, P Redstone, J Saunders, M Sewart, M Simon, L Smetham, J Smith, D Stockton, L Wardlaw, J Weatherill, and J Wray.

 

AGAINST

 

Councillors Q Abel, S Akers Smith, J Barber, L Brathwaite, J Bratherton, S Brookfield, C Browne, J Buckley, C Bulman, P Butterill, S Carter, S Corcoran, L Crane, A Critchley, D Edwardes, B Evans, H Faddes, A Farrall, K Flavell, R Fletcher, D Flude, T Fox, M Goldsmith, S Handley, A Harewood, S Hogben, M Houston, M Hunter, D Jefferay, L Jeuda, I Macfarlane, N Mannion, A Moran, R Moreton, D Murphy, J Nicholas, J Parry, B Puddicombe, J Rhodes, B Roberts, A Stott, R Vernon, M Warren and P Williams.

 

NOT VOTING

 

Councillors B Burkhill, B Murphy and L Roberts.

 

The amendment was declared lost, with 28 votes for, 44 against and 3 not voting.

 

Following the named vote, the substantive motion was voted upon, by show of hands, with the following results:-

 

Councillor Sam Corcoran – 43 votes.

Councillor Janet Clowes – 25 votes.

2 not voting

 

RESOLVED

 

That Councillor Sam Corcoran be elected as Leader of the Council for a four year term of office.

 

Following his election, the Leader of the Council reported and circulated details of his Cabinet members and their portfolios as follows:-

 

Leader                                                               - Cllr S Corcoran

Deputy Leader                                                   - Cllr C Browne

 

Cabinet members

Children & Families                                           - Cllr D Flude

Adult Social Care & Health                                - Cllr L Jeuda

Public Health & Corporate services                   - Cllr J Rhodes

Communities                                                      - Cllr M Warren

Planning                                                             - Cllr T Fox

Highways & Waste                                             - Cllr B Roberts

Environment & Regeneration                             - Cllr N Mannion

Finance, IT & Communications                          - Cllr A Stott

 

RESOLVED

 

1.               That the report of the Leader of the Council regarding his Cabinet and their portfolios be noted.

 

2.               That delegated authority be granted to the Monitoring Officer to make any consequential amendments to the Constitution.