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Agenda and minutes

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

Contact: Sue Griffiths 

Items
No. Item

62.

Apologies

Minutes:

Apologies for absence were received on behalf of Councillor Wright.

63.

Special Urgency (Rule 16 Access to information procedure rules)/Urgent Business

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.

Minutes:

There were no items of special urgency.

64.

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.    Councillors Forshaw and Wilkie (tenants of Council accommodation) declared disclosable pecuniary interests in agenda item 6(e) (Housing Account – Revenue and Capital Programme) and 8(a) (Forming a Development Company) but considered they were entitled to speak and vote by virtue of an exemption as nothing in the reports relate particularly to their relevant tenancy or lease.

 

2.    Councillor Cooper declared a non-pecuniary interest in agenda items 6(k) ‘Community Involvement in Service Delivery’ Review Final Report and 6(l) (Funding of Voluntary Bodies and Other Organisations Working Group) in relation to her association with the Council for Voluntary Service – West Lancashire. 

 

3.    Councillor Moran declared a non-pecuniary interest in agenda item 6(l) (Funding of Voluntary Bodies and Other Organisations Working Group) due to his appointment to Citizens Advice Lancashire by the Council.

 

4.    Councillor Gagen declared a non-pecuniary interest in agenda item 6(b) (Use of Section 106 monies for shared cycle/footpath between the rail and bus station in Ormskirk) due to her being an employee of Lancashire County Council.

 

 

65.

PUBLIC SPEAKING pdf icon PDF 177 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.  The deadline for submissions is 10.00am Friday 11 January 2019.

Additional documents:

Minutes:

There were no items under this heading.

66.

Minutes pdf icon PDF 297 KB

To receive as a correct record the minutes of the meeting of Cabinet held on 6 November 2018

Minutes:

RESOLVED             That the minutes of the Cabinet meeting held on 6 November 2018 be received as a correct record and signed by the Leader.

67.

MATTERS REQUIRING DECISIONS

Minutes:

Consideration was given to the reports relating to the following matters requiring decisions as circulated and contained on pages 1263 – 1446 of the Book of Reports.

68.

CIL Funding Programme 2019/20 pdf icon PDF 246 KB

(Relevant Portfolio Holder: Councillor J Hodson)

Additional documents:

Minutes:

Councillor J Hodson introduced the report of the Director of Development and Regeneration which advised of the outcome on the consultation of, and proposed final recommendations for, the CIL funding programme in 2019/20.

 

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 feedback report provided at Appendix A to the report be noted.

 

                        B.      That £91,000 of CIL monies be allocated to the delivery of the following projects in 2019/20:

 

·      Improvements to Hunters Hill Country Park, Parbold (£60,000)

·      Improvements to Sluice Lane Public Right Of Way (£31,000)

                        C.     That £103,000 of the neighbourhood portion of CIL raised in Ormskirk be allocated to the delivery of the following projects in 2019/20:

·      Ormskirk town centre – improvements to signal co-ordination for gyratory traffic (£50,000)

·      Ormskirk town centre – cycle and pedestrian link between the rail station and the bus station (£53,000)

 

 

69.

Use of Section 106 monies for shared cycle/footpath between the rail and bus station in Ormskirk pdf icon PDF 157 KB

(Relevant Portfolio Holder: Councillor J Hodson)

Additional documents:

Minutes:

Councillor J Hodson introduced the report of the Director of Development and Regeneration which sought authorisation to utilise Section 106 funding to deliver a shared use cycle and footpath between Ormskirk rail station and bus station.

 

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 use of S106 monies be authorised to deliver the proposed shared use cycle and footpath between Ormskirk rail station and bus station.

 

B.      That delegated authority be given to the Director of Development and Regeneration to take all necessary steps to procure contractors and enter into agreements with landowners and any other parties as required to deliver this scheme. 

 

70.

Draft Revenue Budget 2019 - 2020 pdf icon PDF 160 KB

(Relevant Portfolio Holder: Councillor A Yates)

 

Minutes:

Councillor Yates introduced the report of the Borough Treasurer which provided a summary of the current General Revenue Account budget position.

 

The Borough Treasurer advised on the current position in respect of the draft revenue estimates and the draft medium term capital programme.  He proposed revised recommendations to reflect the current position in order to submit firm revenue and capital proposals to Council on 27 February 2019.  The Portfolio Holder for Resources and Transformation indicated his support for the revised recommendations.

 

In reaching the decision below, Cabinet considered the revised recommendations of the Borough Treasurer, the comments of the Portfolio Holder for Resources and Transformation and the details as set out in the report before it and accepted the reasons contained therein.

 

RESOLVED  A.      That the financial position for 2019-20 and later years be noted, and consideration given to how a balanced budget can be achieved.

 

B.      That the Portfolio Holder for Resources and Transformation be given delegated authority to submit firm revenue and capital proposals to Council on 27 February 2019 to enable the budget to be set.

 

C.     That a virement of up to £30,000 from the Planning Application Fee Income budget to the Local Plan Consultancy budget as set out in section 8 be approved.

 

                        D.     That call-in is not appropriate for this item as it is to be submitted to the next meeting of the Executive Overview and Scrutiny Committee on 31 January 2019.

 

 

 

71.

Draft Medium Term Capital Programme

(Relevant Portfolio Holder: Councillor A Yates)

Report to follow

 

Minutes:

This item was withdrawn.

72.

Housing Account - Revenue and Capital Programme pdf icon PDF 457 KB

(Relevant Portfolio Holders:  Councillors J Forshaw & A Yates)

 

Minutes:

Councillor Forshaw introduced the joint report of the Director of Housing and Inclusion and Borough Treasurer which provided a summary of the Housing Account’s financial position.

 

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 financial position be noted.

 

B.     That the use of the Director of Housing and Inclusion’s delegated authority in relation to rent and service charge changes be noted and endorsed.

 

C.     That the report be used for consultation purposes prior to the Council considering this matter in February 2019.

 

D.     That the Housing and Landlord Services Portfolio Holder be given delegated authority to submit firm proposals to Council on 27 February 2019 to enable the budget to be set.

 

E.     That call-in is not appropriate for this item as it is to be submitted to the next meeting of the Executive Overview and Scrutiny Committee on 31 January 2019.

 

 

73.

Quarterly Performance Indicators (Q2 2018/19) pdf icon PDF 1 MB

(Relevant Portfolio Holders: Councillor I Moran)

Additional documents:

Minutes:

The Leader introduced the report of the Director of Housing and Inclusion which presented performance monitoring data for the quarter ended 30 September 2018.

 

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 Council’s performance against the indicator set for the quarter ended 30 September 2018 be noted.

 

                           B.      That the call-in procedure is not appropriate for this item as the report was considered by the Corporate & Environmental Overview and Scrutiny Committee meeting on 6 December 2018.

74.

RIPA Act Regular Monitoring of use of Powers - Annual Setting of the Policy pdf icon PDF 226 KB

(Relevant Portfolio Holder: Councillor I Moran)

Additional documents:

Minutes:

The Leader introduced the report of the Borough Solicitor which reported upon the Council’s use of its powers under the Regulation of Investigatory Powers Act 2000 and presented an updated RIPA policy document.

 

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 updated RIPA Policy at Appendix 1 to the report be approved.

 

 

75.

Use of Section 106 monies in the Parish of Hesketh with Becconsall pdf icon PDF 134 KB

(Relevant Portfolio Holder: Councillor Y Gagen)

Additional documents:

Minutes:

Councillor Gagen introduced the report of the Director of Leisure and Environment which considered a proposal in respect of the use of Section 106 monies for the enhancement of public open space provision in Hesketh Bank.

 

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 up to £12,540 of S106 monies be approved, as outlined at paragraph 5.1 of the report, to enable improvements to be made at Shore Road Recreation Ground in Hesketh Bank.

 

 

76.

Use of S106 monies in the Parish of Scarisbrick pdf icon PDF 134 KB

(Relevant Portfolio Holder: Councillor Y Gagen)

Additional documents:

Minutes:

Councillor Gagen introduced the report of the Director of Leisure and Environment which considered a proposal in respect of the use of Section 106 monies for the enhancement of public open space provision in Scarisbrick.

 

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 up to £13,254 of S106 monies be approved, as outlined at paragraph 5.1 of the report, to enable improvements to be made at Scarisbrick Village Hall, Smithy Lane.

 

77.

Use of Section 106 monies in the Parish of Halsall pdf icon PDF 134 KB

(Relevant Portfolio Holder: Councillor Y Gagen)

Additional documents:

Minutes:

Councillor Gagen introduced the report of the Director of Leisure and Environment which considered a proposal in respect of the use of Section 106 monies for the enhancement of public open space provision in Halsall.

 

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 up to £5,500 of S106 monies be approved, as outlined at paragraph 5.2 of the report, to enable improvements to be made at Shirdley Hill Village Green, Halsall.

 

 

 

78.

'Community Involvement in Service Delivery' Review Final Report pdf icon PDF 128 KB

(Relevant Portfolio Holders: Councillors I Moran and C Cooper)

Additional documents:

Minutes:

Councillor Cooper introduced the report of the Director of Leisure and Environment which presented the final report and recommendations of the review conducted by the Corporate and Environmental Overview and Scrutiny Committee entitled “Community Involvement in Service Delivery”.

 

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 final report, attached as an Appendix to this report, and the recommendations therein at paragraphs 1 to 4, page 3, be approved.

 

 

79.

Funding of Voluntary & Other Organisations Cabinet Working Group pdf icon PDF 133 KB

(Relevant Portfolio Holder: Councillor C Cooper)

Additional documents:

Minutes:

Councillor Cooper introduced the report of the Director of Housing and Inclusion which advised Cabinet of the recommendations of the Funding of Voluntary & Other Organisations Cabinet Working Group in respect of the monitoring arrangements for the current grant recipients and the applications for one year revenue funding for 2019/20.

 

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 subject to B. below, the recommendations arising from the scoring of the applications received from voluntary organisations for one year revenue funding from April 2019 by the Funding of Voluntary and Other Organisations Cabinet Working Group at its meeting on 19 December 2018 be endorsed as detailed in the minutes of the meeting attached at Appendix 3 to the report.

 

                        B.      That Applicants be advised of Cabinet’s recommendations and that funding is not guaranteed but will form part of considerations when the Council’s budget is finalised on 27 February 2019.

 

 

80.

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 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 paragraph 3 (financial/business affairs) 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 items of business).

 

Part 2

(Not open to the public)

 

Minutes:

RESOLVED           That under Section 100A(4) of the Local Government Act 1972, the press and 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 paragraph 3 (financial/business affairs) 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.

 

(Note:    No representations had been received in relation to the following item being considered in private.)

 

 

 

81.

MATTER REQUIRING DECISION

Minutes:

Consideration was given to the report relating to the following items of business as contained on pages 1447 to 1524 of the Book of Reports.

 

82.

Forming a Development Company

(Relevant Portfolio Holders: Councillors Forshaw, Moran & Yates)

 

Minutes:

Councillor Forshaw introduced the joint report of the Director of Housing and Inclusion and Borough Treasurer which provided an update on progress following the resolution of Cabinet and Council meetings on 17 October 2018 and sought approval to proceed with the appointment of the Board of Directors and for the Company to become operational and to approve the Development Company's Business Plan for implementation together with its funding arrangements.

 

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 contents of the report and the resolutions of the Executive Overview and Scrutiny Committee meeting on 22 November 2018 be noted and recommendations 2.1 to 2.9 (inclusive) as set out in the joint report of the Director of Housing and Inclusion and Borough Treasurer, 'Forming a Development Company' (at Appendix A to this report) be approved.

 

                        B.      That call-in is not appropriate for this item as the report is being submitted to the next meeting of the Executive Overview and Scrutiny Committee on 31 January 2019.