Agenda and minutes

Cabinet - Tuesday, 14th June, 2016 7.00 pm

Venue: Cabinet/Committee Room, 52 Derby Street, Ormskirk L39 2DF. View directions

Contact: Sue Griffiths 

Items
No. Item

1.

APOLOGIES

Minutes:

                                                           

                        Mrs Blake, Cotterill, Pendleton (part) and D Westley

 

 

Chief Executive (Ms K Webber)

                                    Director of Housing and Inclusion (Mr B Livermore)

                                    Director of Leisure and Wellbeing (Mr D Tilleray)

                                    Borough Solicitor (Mr T Broderick)

                                    Borough Treasurer (Mr M Taylor)

                                    Principal Member Services Officer (Mrs S Griffiths)

 

 

 

 

Apologies for absence were submitted on behalf of Councillors Patterson and Wilkie.

 

 

 

 

 

 

2.

SPECIAL URGENCY (RULE 16 ACCESS TO INFORMATION PROCEDURE RULES)/URGENT BUSINESS

If a decision is urgent and 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 and 5 clear days notice is not possible) 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.

Minutes:

There were no items of special urgency.

3.

DECLARATIONS OF INTEREST pdf icon PDF 299 KB

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.)

Minutes:

1.            Councillor Aldridge declared a non-pecuniary interest in agenda item 7(a) – ‘Use of S106 monies in Skelmersdale’ as a Member of Lancashire County Council, as did Councillor Gagen as an employee of Lancashire County Council.

 

2.            Councillors Aldridge and Wright declared non-pecuniary interests in agenda item 7(e) – ‘Environmental Improvements Budget’ as they are either tenants of council accommodation or they have a connected person who is a tenant of rented Council accommodation.  Insofar as that interest becomes a disclosable pecuniary/pecuniary interest they declared that interest but considered that they were entitled to speak and vote by virtue of an exemption as nothing in this report relates particularly to the relevant tenancy or lease.

 

 

4.

PUBLIC SPEAKING pdf icon PDF 277 KB

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.  Details are provided in the attached protocol.  (The deadline for submissions is 5.00pm on Thursday 9 June 2016).

 

 

Additional documents:

Minutes:

There are no items under this heading.

 

 

5.

MINUTES pdf icon PDF 246 KB

To receive as a correct record the minutes of Cabinet held on 15 March 2016

Minutes:

RESOLVED               That the minutes of the Cabinet meeting held on 15 March  2016 be received as a correct record and signed by the Leader.

6.

CONFIRMATION OF PROCEDURAL MATTERS

To note the Leader has appointed Cabinet, Committees, Panels and Working Groups for 2016/17, as circulated at the Annual Meeting on 18 May 2016, with the terms of reference now included in the Constitution;

 

To note the “Proper Officer Provisions and Scheme of Delegation to Chief Officers”, insofar as they are executive functions and the Scheme of Delegation to Cabinet Members, as set out in the Constitution.

Minutes:

RESOLVED        A.      That the appointment of Cabinet, Committees, Panels and Working Groups for  2016/17, as circulated at the Annual Meeting of the Council on 18 May 2016, with the terms of reference included in the Constitution, be noted.

 

                            B.      That the ‘Proper Officer Provisions and Scheme of Delegation to Chief Officers’, insofar as they are executive functions, and the Scheme of Delegation to Cabinet Members, as set out in the Constitution, be noted.

7.

MATTERS REQUIRING DECISIONS

Minutes:

Consideration was given to the report relating to the following matters requiring decisions as contained on pages 1 - 366 and 437 – 440 and page 445 of the Book of Reports.

8.

Use of Section 106 monies in Skelmersdale pdf icon PDF 212 KB

(Relevant Portfolio Holders:  Councillors Y Gagen & J Hodson)

Additional documents:

Minutes:

Councillor Gagen introduced the joint report of the Director of Leisure & Wellbeing and Director of Development and Regeneration which considered a proposal for the use of Section 106 monies received from housing developers for the enhancement of public open space and recreation provision 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 use of S106 monies to fund the proposed project to install seating and rest areas along the proposed cycle route in Tawd Valley Park, be approved.

 

9.

Use of Section 106 monies in Up Holland pdf icon PDF 229 KB

(Relevant Portfolio Holders: Councillors Y Gagen & J Hodson)

Additional documents:

Minutes:

Councillor Gagen introduced the joint report of the Director of Leisure & Wellbeing and Director of Development and Regeneration which considered a proposal for the use of Section 106 monies received from housing developers for the enhancement of public open space and recreation provision in Up Holland.

 

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 allocation of £8,836 from the S106 agreement from Land at Crawford Arms to contribute towards the proposed installation of new play facilities at Crawford Village Green, be approved.

 

 

10.

Adoption of the West Lancashire Statement of Community Involvement pdf icon PDF 155 KB

(Relevant Portfolio Holder: Councillor J Hodson)

Additional documents:

Minutes:

Councillor Hodson introduced the report of the Director of Development and Regeneration which sought approval for the adoption of the West Lancashire Statement of Community Involvement.

 

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

 

 

RESOLVED        A.    That, following consideration of the Consultation Report at Appendix B and the Adoption Statement at Appendix C, the West Lancashire Statement of Community Involvement (‘SCI’) at Appendix A be adopted subject to any amendments made by the Director of Development and Regeneration in consultation with the relevant Portfolio Holder, following consideration of the SCI by Planning Committee, as per resolution B. below.

 

B.    That the Director of Development and Regeneration be authorised, in consultation with the relevant Portfolio Holder, to make any necessary amendments to the SCI in the light of agreed comments from Planning Committee, before the document is published

 

11.

Provision for Traveller Sites Development Plan Document pdf icon PDF 185 KB

(Relevant Portfolio Holder: Councillor J Hodson )

Additional documents:

Minutes:

Councillor Hodson introduced the report of the Director of Development and Regeneration which sought approval for suspension of the preparation of the document entitled “Provision for Traveller Sites Development Plan”.

 

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 preparation of the Provision for Traveller Sites Development Plan Document (‘Traveller Sites DPD’) be suspended and that it be noted that the issue of Traveller site allocations will instead be dealt with as part of the future review of the Local Plan.

 

 

 

 

12.

Environmental Improvement Budgets pdf icon PDF 182 KB

(Relevant Portfolio Holder: J Patterson)

Additional documents:

Minutes:

The Leader introduced the report of the Director of Housing and Inclusion which considered an approach for the priority for investment of the Environmental Improvements Budget and the Visual Appearance of Render Pilot Scheme Budget.

 

A motion from the Leader was circulated at the meeting.

 

Minute no. 6 of the Landlord Services Committee (Cabinet Working Group) held on 8 June 2016 was circulated at the meeting.

 

In reaching the decision below, Cabinet considered the motion from the Leader, the minute of the Landlord Services Committee (Cabinet Working Group) and the details set out in the report before it and accepted the reasons contained therein.

 

RESOLVED        A.      That the Director of Housing and Inclusion, in consultation with the relevant Portfolio Holder, be authorised to utilise the £100,000 set aside within the Environmental Improvements Budget, together with any monies remaining out of the £15,000 within the Visual Appearance of Render Pilot Scheme Budget, towards meeting the cost of providing additional car parking at certain sheltered accommodation schemes within the Borough commencing with Holly Close, Westhead.

 

                            B.      That, subject to available funding remaining within the two aforementioned budgets, the Director of Housing and Inclusion, in consultation with the relevant Portfolio Holder, be authorised to invest funding into the remodelling of communal bin store areas on a priority basis in order to address issues of crime and disorder.

 

 

 

 

 

13.

One for One Capital Receipts pdf icon PDF 290 KB

(Relevant Portfolio Holder: Councillor J Patterson)

Additional documents:

Minutes:

The Leader introduced the report of the Director of Housing and Inclusion which sought approval of the use of one for one retained capital receipts to deliver affordable new housing which would remove the requirement to return capital monies to the Government.

 

Minute no. 8 of the Landlord Services Committee (Cabinet Working Group) held on 8 June 2016 was circulated at the meeting.

 

In reaching the decision below, Cabinet considered the minute of the Landlord Services Committee (Cabinet Working Group) and the details set out in the report before it and accepted the reasons contained therein.

 

RESOLVED        A.      That the financial implications of utilising the retained one for one capital receipts as outlined in section 6 of the report, be noted.

 

                            B.      That the Director of Housing and Inclusion, in consultation with the Housing Portfolio Holder, identify a site for development within the Borough and seek all necessary planning approvals as required to deliver additional affordable homes.

 

 

14.

Whittle Drive Playing Fields

(Relevant Portfolio Holders: Councillors Y Gagen & I Moran)

Minutes:

Councillor Gagen introduced the joint report of the Director of Leisure & Wellbeing and Director of Development and Regeneration which considered a request from West End Football Club to revise arrangements for the Club’s use of football pitch and changing rooms at Whittle Drive Playing Fields, Ormskirk.

 

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

 

RESOLVED        A.      That to give effect to the arrangements at resolution B, the Director of Leisure & Wellbeing be authorised to terminate the existing lease and negotiate and complete a new lease with West End Football Club, subject to any necessary statutory consultations being undertaken and consents being obtained.

 

                            B.      That the Director of Leisure & Wellbeing be authorised to enter into a new 25 year lease with West End Football Club in relation to land and changing pavilion at West End Playing Fields (shown hatched red on the plan at Appendix 1 to the report).

 

 

15.

Ormskirk Town Centre Research findings and Action Plan pdf icon PDF 198 KB

(Relevant Portfolio Holders: Councillors J Hodson & I Moran)

Additional documents:

Minutes:

The Leader introduced the report of the Director of Development and Regeneration which provided an update on the findings and recommendations of the Ormskirk Town Centre Destination Research project and their effect on the adopted Ormskirk Town Centre Strategy Action Plan.

 

A motion from the Leader was circulated at the meeting.

 

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

 

RESOLVED        A.      That in light of the Ormskirk Town Centre Destination Research project findings no changes be made to the adopted Ormskirk Town Centre Strategy or its associated Action Plan (appendix 2 to the report).

 

                            B.      That no changes be made to the historical associations of Ormskirk as a market town as a result of the Ormskirk Town Centre Destination Research findings.

 

 

 

16.

Quarterly Performance Indicators Q4 2015-16 pdf icon PDF 151 KB

(Relevant Portfolio Holder: Councillor I Moran )

Additional documents:

Minutes:

The Leader introduced the report of the Borough Transformation Manager & Deputy Director of Housing and Inclusion which presented performance monitoring data for the quarter ended 31 March 2016.

 

Minute no. 7 of the Landlord Services Committee (Cabinet Working Group) held on 8 June 2016 was circulated at the meeting.

 

In reaching the decision below, Cabinet considered the minute of the Landlord Services Committee (Cabinet Working Group) and the details set out in the report before it and accepted the reasons contained therein.

 

RESOLVED        A.      That the Council’s performance against the indicator set for the quarter ended 31 March 2016 be noted.

 

                            B.      That the call-in procedure is not appropriate for this item as the report is being submitted to the next meeting of the Corporate & Environmental Overview and Scrutiny Committee on 14 July 2016.

 

 

 

17.

Local Land Charges Rules 2017 pdf icon PDF 160 KB

(Relevant Portfolio Holder: Councillor I Moran)

Additional documents:

Minutes:

The Leader introduced the report of the Borough Solicitor which sought approval to the Council’s response to the Land Registry’s consultation in relation to draft Local Land Charges Rules 2017.

 

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

 

RESOLVED        A.      That the consultation response at Appendix 1 to the report be approved for submission.

 

                            B.      That call-in is not appropriate for this item as the consultation exercise closes on 11 July 2016.

 

 

18.

EXCLUSION OF PRESS AND PUBLIC

It is recommended that members of the press and public be excluded from the meeting during consideration of the following item(s) of business in accordance with Section 100A(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 (financial/business affairs), 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(s) of business).

 

PART 2

(Not open to the Public)

Minutes:

RESOLVED                That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 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.

19.

MATTERS REQUIRING DECISIONS

Minutes:

Consideration was given to the report relating to the following matters requiring decisions as contained on pages 367   436 and 441 – 444 of the Book of Reports.

 

20.

Hall Green Options Appraisal

(Relevant Portfolio Holder: Councillor J Patterson)

Minutes:

The Leader introduced the report of the Director of Housing and Inclusion which advised on the outcome of an option appraisal exercise undertaken in relation to Hall Green.

 

Minute no. 10 of the Landlord Services Committee (Cabinet Working Group) held on 8 June 2016 was circulated at the meeting.

 

Revised recommendations of the Director of Housing and Inclusion were circulated at the meeting.

 

In reaching the decision below, Cabinet considered the minute of the Landlord Services Committee (Cabinet Working Group), the revised recommendations of the Director of Housing and Inclusion and the details set out in the report before it and accepted the reasons contained therein.

 

RESOLVED        A.      That the option to further consider the redevelopment of the Hall Green site be approved and that the next steps as outlined in paragraph 6 of the report, be noted.

 

                            B.      That following the outcome of the further work, a report be submitted to Cabinet in September 2016.

 

 

 

 

 

21.

192-198 Ennerdale (Former Housing Office)

(Relevant Portfolio Holder: Councillor J Patterson)

Minutes:

 

The Leader introduced the report of the Director of Housing and Inclusion which reviewed progress on the lease for 192-198 Ennerdale, Skelmersdale.

 

Minute no. 9 of the Landlord Services Committee (Cabinet Working Group) held on 8 June 2016 was circulated at the meeting.

 

In reaching the decision below, Cabinet considered the minute of the Landlord Services Committee (Cabinet Working Group) and the details set out in the report before it and accepted the reasons contained therein.

 

RESOLVED              That the Director of Housing and Inclusion continue negotiations in pursuance of agreeing the lease with TCL and, if no reasonable progress can be made, organise the demolition of the building.

 

 

 

 

22.

Ormskirk Bus Station & Potential Moor Street Gateway

(Relevant Portfolio Holders: Councillors J Hodson & I Moran)

Minutes:

The Leader introduced the report of the Director of Development and Regeneration which gave consideration to the way forward in relation to a potential ‘Moor Street Gateway’ project.

 

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 soft market testing to identify options for suitable development of the Ormskirk Bus Station site be undertaken as set out in Section 5 of the report, and a further report be submitted to Cabinet in due course.

 

 

 

Note

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

 

 

 

 

………………………..

LEADER