Agenda and minutes

There were no apologies for absence.

If, by virtue of the date by which a decision must be taken, it has not been possible to follow Rule 15 (i.e. a matter which is likely to be the subject of a key decision has not been included on the Forward Plan) then the decision may still be taken if:

a)    The Borough Solicitor, on behalf of the Leader, obtains the agreement of the Chairman of the Executive Overview and Scrutiny Committee that the making of the decision cannot be reasonably deferred,

b)    The Borough Solicitor, on behalf of the Leader, makes available on the Council’s website and at the offices of the Council, a notice setting out the reasons that the decision is urgent and cannot reasonably be deferred.

There were no items of special urgency.

If a member requires advice on Declarations of Interest, he/she is advised to contact the Borough Solicitor in advance of the meeting.  (For the assistance of members a checklist for use in considering their position on any particular item is included at the end of this agenda sheet.)

There were no declarations of interest.

Residents of West Lancashire, on giving notice, may address the meeting to make representations on any item on the agenda except where the public and press are to be excluded during consideration of the item.  The deadline for submissions is 5.00pm on Thursday 16 February 2017.

There were no items under this Heading.

Consideration was given to the report relating to the following matters requiring decisions as contained on pages 1577 – 1924 and page 1987 of the Book of Reports.

(Relevant Portfolio Holder: Councillor J Hodson)

Councillor Hodson introduced the report of the Director of Development and Regeneration which sought authorisation to publicly consult on the Scope of a new Local Plan and the Local Plan Review: Issues & Options Topic Document.  He went on to thank Officers for their efforts and the Local Plan Working Group for their contribution to the production of a high quality document.

He circulated a motion proposing that the item be referred to the Executive Overview and Scrutiny Committee for comment.

In reaching the decision below, Cabinet considered the motion from Councillor Hodsonand the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED  (A)    That the minutes of the Local Plan Cabinet Working Group meetings of 18 October 2016, 7 December 2016 and 19 January 2017 (provided at Appendices A-C); the Scoping Consultation Feedback Report and the responses received to the Scoping Consultation (provided at Appendix D); the Sustainability Appraisal and Habitat Regulations Assessment of the Issues & Options Paper (provided at Appendices E and F); and the Duty to Co-operate Statement (provided at Appendix G) be noted.

                        (B)    That the Local Plan Review: Issues & Options Topic Papers (provided at Appendix H-L) be approved for public consultation and that comments on the Scope of a new Local Plan also be sought from the public alongside the public consultation.

                        (C)    That the item be referred to the Executive Overview and Scrutiny Committee for comment and that the call-in procedure is not appropriate for this item due to it being submitted to the next meeting of the Executive Overview and Scrutiny Committee on 30 March 2017.

(Relevant Portfolio Holder: Councillor J Hodson)

Councillor Hodson introduced the report of the Director of Development and Regeneration which sought approval for proposed amendments to the plans for the Tawd Valley cycle and pedestrian link in Skelmersdale.

In reaching the decision below, Cabinet considered the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED              That the proposed amendments to the route of, and proposals for, the Tawd Valley cycle and pedestrian link be approved.

It is recommended that members of the press and public be excluded from the meeting during consideration of the following item of business in accordance with Section 100A(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 (Financial/Business Affairs) & 5 (Legal Matters) of Part 1 of Schedule 12A to the Act and as, in all the circumstances of the case the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.

(Note: No representations have been received about why the meeting should be open to the public during consideration of the following item of business).

Part 2

(Not open to the public)

RESOLVED             That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 (financial/business affairs) and 5 (legal matters) of Part 1 of Schedule 12A of that Act and as, in all the circumstances of the case, the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.

Consideration was given to the report relating to the following matter requiring decision as contained on pages 1925 – 1985 and 1989 of the Book of Reports.

(Relevant Portfolio Holder: Councillor J Hodson)

Councillor Hodson introduced the joint report of the Director of Development and Regeneration and Borough Solicitor which provided an update on the Council’s proceedings in relation to land to the East of Prescot Road, Aughton.

A motion from Councillor Hodson was circulated at the meeting.

In reaching the decision below, Cabinet considered the motion from Councillor Hodson and the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED  (A)    That the granting of permission to proceed with the legal challenge (and listing of the full hearing of the substantive challenge, at Manchester High Court, on 4 July 2017) be noted.

                        (B)    That Counsel’s Further Opinion (Appendix B to the report) and recent developments as outlined in paragraph 4 to the report, be noted.

                        (C)    That the Council continue proceedings to challenge the Planning Inspectorate’s appeal decision regarding land to the east of Prescot Road, Aughton.

                        (D)    That the Director of Development and Regeneration and the Borough Solicitor be given delegated authority in consultation with the Leader and Portfolio Holder for Planning to undertake any necessary actions in relation to the proceedings referred to in (C) above.

Note

No representations had been received in relation to the above item being considered in private.