Home > Services > Council and Democracy > Council, Cabinet and Committees > Minutes > 2007-08 > June 2007

Present at the meeting:

• Councillor P R C Smith (Executive Leader) (In the Chair)
• Councillor K Anderson (Cabinet Champion for Healthier Communities and Older People)
• Councillor B Baldwin (Cabinet Champion for Lifestyle)
• Councillor K Cunliffe (Cabinet Champion for Neighbourhood)
• Councillor T W Halliwell (Cabinet Champion for Organisational Change)
• Councillor D T Molyneux (Cabinet Champion for Environment)
• Councillor J A O’Neil (Cabinet Champion for Regeneration)
• Councillor C Ready (Cabinet Champion for Equality)
• Councillor Mrs E Smethurst (Cabinet Champion for Improvement)
• Councillor B M Wilson (Cabinet Champion for Children and Young People)

56. Minutes: The minutes of the meeting of the Cabinet held on 14 June 2007 were approved as a correct record.

57. Exclusion of the public - section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Cabinet discusses the following items for the reasons set out below:-

Agenda Item No.	Title of report	Minute No.	Description of exempt information by reference to the paragraph number in schedule 12A of the Local Government Act 1972
E1	Hindley Centreplan	78	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E2	Award of contract for the provision of 24-hour support to people with autism, challenging behaviour and complex needs	79	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E3	Award of contract for the provision of 24-hour support for people with learning disabilities	80	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E4	Orrell Lamberhead Primary School and SureStart enabling works	81	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E5	Tender for learning platform	83	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E7	Proposed variation of covenant - land adjacent to 198 Whelley, Wigan	84	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E8	Proposed Disposal of land at Gloucester Street/First Avenue (former Two Porches School/ Atherton Day nursery) Atherton	85	3 ( Information about the financial or business affairs of any person or organisation, including the council )

58. Remediation of Ince Central Estate (minute 32 refers): The Chairman of the meeting agreed to this additional item being taken as urgent, the special circumstance being the need to keep the Cabinet informed.

The Director of Environmental Services reported on the progress to date in negotiations with the Department for Environment and Rural Affairs (DEFRA) for grant aid in support of the later phases of the abovementioned project.

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report.

59. Health Select Committee - audiology: The Cabinet considered a report from the Overview and Scrutiny Health Select Committee (Minute 141 of April 2007 refers) on its findings and recommendations in relation to the audiology service. The Overview and Scrutiny Committee had approved the report and referred it to the Cabinet for detailed consideration.

There were no alternative options available for consideration.

Resolved: The Cabinet:-

• accepts the report now submitted;
• endorses the recommendations set out within the report and the need to respond adequately to them;
• agrees to review the recommendations in six months time; and
• thanks the Policy Officer for the presentation and the Chairman and Members of the Select Committee for their hard work in relation to this review.

60. Overview and Scrutiny Select Committee No. 3 - adoption of roads and open spaces: The Cabinet considered a report from the Overview and Scrutiny Select Committee No. 3 (Minute 144 of April 2007 refers) on its findings and recommendations in relation to the adoption of roads and open spaces. The Overview and Scrutiny Committee had approved the report and referred it to the Cabinet for detailed consideration.

There were no alternative options available for consideration.

Resolved: The Cabinet:-

• accepts the report now submitted;
• endorses the recommendations set out within the report and requests the Senior Management Team to report within three months on how the recommendations will be implemented;
• agrees to review the recommendations in six months time; and
• thanks the Policy Officer for the presentation and the Chairman and Members of the Select Committee for their hard work in relation to this review .

61. Projected demand for primary school places in Tyldesley: This item was withdrawn.

62. Annual efficiency statement backward look 2006/07 : The Cabinet considered a report on the provisional efficiency gains for 2006/07 .

There were no alternative options available for consideration.

Resolved: The Cabinet approves the provisional efficiency gains now reported and delegates power to the Director of Finance and Information Technology, in consultation with the Executive Leader and the Chief Executive, to approve the final submission.

(Councillors J B Baldwin and Mrs E Smethurst declared a personal and non prejudicial interest in this item because they are Members of Wigan Leisure and Culture Trust).

63. Wigan Pier Quarter – performance venue and Trencherfield Mill (minute 140 of August 2006 refers): The Cabinet considered a report and forms CPR1 on the options available, within the budget that had been set, for the development of Trencherfield Mill and the creation of a performance venue in Wigan .

The Chief Executive reported that, at its last meeting, (minute 16 refers), the Overview and Scrutiny Committee had decided as follows:-

Resolved: After listening to evidence from the stakeholders and officers, this Committee requests Cabinet to consider the following points:-

• the disappointment at the un-kept promise of a performance space at Wigan Pier;
• a suitable performance space for amateur groups is essential;
• the problems associated with the shared use of the Linacre Theatre; and
• ensure that all options are further investigated to meet the needs of all users as far as possible.

In addition, she submitted papers from stakeholders that had been considered by the Committee at the time of the decision.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to meet the Cabinet’s requirements in relation to budget and functions.

The Cabinet appreciated that the development of cultural attractions within Wigan Pier was a complex project due to the range of grant programmes supporting the area’s regeneration, the demands of working with a listed building in a unique setting, and the differing needs and demands of people who had been engaged in the project over the last few years. At present, only one option (developing an Arts and Heritage Learning Centre within Trencherfield Mill together with the refurbishment of the Linacre Theatre) could be delivered within budget, on time, and balancing the competing demands on all of the Council’s cultural aspirations and was therefore the most effective solution that would deliver sustainable benefits for the future of the Borough.

Resolved: The Cabinet:-

• approves the proposed development of an Arts and Heritage Learning Centre at Trencherfield Mill and the development of the Linacre Theatre at Wigan and Leigh College;
• approves budget release as set out below and amends the capital programme accordingly:-

  Element	Cost	Sources of funding
  Trencherfield Mill	£4,731,724	£4,000,000 Government grant £731,724 Capital receipts
  Linacre Theatre	£2,026,000	£1,000,000 Learning and Skills Council grant via Wigan and Leigh College £1,026,000 Capital receipts
  Decommissioning The Way We Were and heritage store	£495,000	Capital receipts
  Arts and Heritage Centre	£6,009,000	£5,587,276 Capital receipts £421,724 Capital resources

• authorises the Officers to complete the development of (and submission to Cabinet for approval) a robust business case for these developments including detailed design, feasibility and costs; appropriate management and operational arrangements; partnership arrangements with Wigan and Leigh College; whole life costs and an investment appraisal;
• authorises the Officers to appoint Austin Smith Lord (Arts and Heritage Learning Centre) and Tim Foster (Linacre Theatre) to undertake the detailed design and feasibility work;
• authorises the Officers to discuss the proposals for an Arts and Heritage Learning Centre in Trencherfield Mill and the possible overage from the workplace/office developments with Government Office to ensure that they do not affect the conditions of grant aid secured for the Pier Quarter development;
• authorises the Officers to proceed with the temporary storage solutions and associated costs to enable The Way We Were to be closed and decommissioned and the machinery hall to be refurbished, and to bring forward sustainable longer term solutions for Cabinet approval at a later date;
• authorises the Officers to work with Wigan and Leigh College to procure the most cost effective route to refurbish the Linacre Theatre; and
• thanks the Officers for the comprehensive report submitted and for the work involved in its production.

(Councillors J B Baldwin and Mrs E Smethurst declared a personal and non prejudicial interest in this item because they are Members of Wigan Leisure and Culture Trust. Councillor B M Wilson declared a personal and non prejudicial interest in this item because he is a Governor of Wigan and Leigh College. Councillor T W Halliwell declared a personal and non prejudicial interest in this item because he is an employee of Wigan and Leigh College).

64. Corporate plan 2007/08: The Chairman of the meeting agreed to this additional item being taken as urgent, the special circumstance being the need to obviate any delay.

The Cabinet considered a report on the corporate plan for 2007/08; the strategic risk register; the Council’s performance of key performance measures and tasks; and the best value performance indicators results for 2006/07.

There were no alternative options available for consideration.

Resolved: The Cabinet recommends the Council to approve the corporate plan 2007/08 now submitted as part of the policy framework.

(Councillors J B Baldwin and Mrs E Smethurst declared a personal and non prejudicial interest in this item because they are Members of Wigan Leisure and Culture Trust).

65. Ruddy duck (minute 394 of March 2007 refers): The Chairman of the meeting agreed to consider this additional item as urgent, the special circumstance being the need to consider the invitation expeditiously.

The Cabinet considered a report announcing the offer of a presentation by the Department for Environment and Rural Affairs (DEFRA) and the Central Science Laboratory (CSL) to aid the understanding of the reasoning behind the UK ruddy duck eradication programme.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure that the most up to date facts were available to all Members.

Resolved: The Cabinet accepts the offer of a presentation by DEFRA and CSL only to all Members on the issues and reasoning behind the UK eradication programme and requests the Officers to make the necessary arrangements. The Cabinet also notes that, following the presentation from DEFRA, the Director of Environmental Services will, if necessary, use his delegated authority to ensure the issue is dealt with.

66. Adult Services budget monitoring 2007/08 : The Cabinet considered a report on the budget monitoring position for adult services after the first two months of 2007/08 and the budgetary issues to be addressed during the remainder of the year. The Adult Services Panel had endorsed the report (minute 6 refers).

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report.

67. Final revenue outturn 2006/07 : The Cabinet considered a report on the final spending position for 2006/07, which showed a surplus of £0.161m as at 31 March 2007compared to the projected outturn of £1.2m approved by Cabinet in February 2007 (minute 351 refers).

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report and approves the changes in reserves set out.

68. Capital programme 2006/07 outturn: The Cabinet considered a report on the final outturn of the 2006/07 capital programme and its funding . This showed an increase of £0.8m spending to £98.3m when compared to the provisional outturn (minute 18 refers).

The Director of Environmental Services stated that he would be submitting a report to the Council on the outcome of a negotiated settlement for the Westwood Park highway scheme.

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report.

69. Collection fund accounts 2006/07: The Cabinet considered a report on an analysis of the collection fund accounts for 2006/07. This showed that the fund was in surplus by £578,626 as at 31 March 2007.

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report.

70. Housing revenue account outturn 2006/07: The Cabinet considered a report on an analysis of the housing revenue account outturn for 2006/07, which showed an increase in the year end surplus of £926,076 when compared with the projected outturn approved by Cabinet in February 2007 (minute 351 refers) .

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report.

71. Community equipment service pooled budget 2007/08 (minute 480 of March 2006 refers): The Cabinet considered a report on the performance of the integrated community equipment service in its second year of operation and the level of pooled budget contribution required for 2007/08.

There were no alternative options available for consideration.

Resolved: The Cabinet n otes the progress made in the second year of the integrated community equipment service and approves the Council’s pooled budget contribution for 2007/08.

72. Transport innovation fund – implications for Wigan: The Cabinet considered a report on the implications for the Council of a Greater Manchester bid for the Government’s transport innovation fund (TIF) resources. If successful, this could result in almost £3billion worth of transport related infrastructure schemes being rolled out across Greater Manchester over the next 10 to 15 years. The expectation was that public transport schemes would be implemented and this would then create the opportunity to introduce a road-user charging scheme for peak time journeys into and out of the regional centre, as part of an integrated transport strategy (minute 434 of April 2007 refers).

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to take advantage of investment in transport initiatives across the region that would not be attainable in any other way.

Resolved: The Cabinet endorses the decision of the Association of Greater Manchester Authorities Chief Executives meeting of 25 May 2007 to proceed with the bid to government for TIF resources.

(Councillor C Ready declared a personal and non prejudicial interest in this item because he is an employee of the Greater Manchester Passenger Transport Executive).

73. Extensions of Ashton-in-Makerfield town centre conservation area (minute 335 of December 2005 refers): The Cabinet considered a report on the results of a consultation on proposed extensions to the boundaries of the Ashton-in-Makerfield town centre c onservation area.

There were no alternative options available for consideration.

Resolved: The Cabinet:-

• approves under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 the extensions of the Ashton-in-Makerfield town centre c onservation area set out in the report ; and
• requests the Planning Committee to note these extensions as a material consideration in the assessment of future planning applications.

74. Deprived area fund: The Cabinet considered a report on deprived area fund (DAF) resources to be administered by the Council through the local strategic partnership (LSP) structures and linked to the local area agreement (LAA) economic development and enterprise block. The fund was intended to reduce worklessness in geographic areas of low employment.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to attract funding for this purpose.

Resolved: The Cabinet approves the proposal for the Council to administer the DAF funding through LSP/LAA structures.

75. Unreasonably persistent complainants: The Cabinet considered a report on the Local Government Ombudsman’s recently issued guidance note on dealing with unreasonably persistent complainants and on proposed amendments to the Council’s corporate complaints policy, procedure and practice in respect of dealing with such complainants and dealing with unacceptable behaviour. The Standards, Audit/ Governance and Improvement Review and Overview and Scrutiny Committees had endorsed the report (minutes 8, 13 and 19 refer respectively).

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to follow Ombudsman approved best practice.

Resolved: The Cabinet recommends the Council to:-

• amend the Council’s corporate complaints policy, procedure and practice as detailed in the report so that the amended policy at appendix three forms part of the Council’s policy framework;
• declare that the amended policy will apply to all persons making complaints against the actions of the Council or its officers; and
• amend the Council’s Member/officer protocol as necessary to provide that the section within the Council’s corporate c omplaints policy, procedure and practice regarding dealing with unreasonably persistent complainants and unreasonable behaviour applies to complaints made by Members of the Council against officers and by officers of the Council against Members (except where such conduct falls within the remit of the Standards Board for England).

76. Councillor Services Group : The Cabinet considered the minutes of the meeting of the Group held on 28 March 2007.

Resolved: The Cabinet accepts the minutes now submitted.

77. 20mph outside schools - strategy application results: The Cabinet considered a report on the results of prioritising schools to be treated following the application of the approved 20mph outside schools strategy. Provision had been made in the highways capital programme 2007/08 to implement the requirements at the 25 schools within grades 1 – 3.

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report.

78. Hindley Centreplan (minute 382 of February 2007 refers): The Cabinet considered a report and form CPR1 on arrangements to accept the tender for Hindley Centreplan.

There were no alternative options available for consideration.

Resolved: The Cabinet:-

• delegates power to the Director of Environmental Services, in consultation with the Cabinet champion for environment, to accept a suitable tender; and
• approves budget release in the sum of £887,000 (£240,000 GMPTA grant £447,000 TIF borrowing £200,000 structural maintenance) and amends the capital programme accordingly.

79. Award of contract for the provision of 24-hour support to people with autism, challenging behaviour and complex needs (minute 252 of November 2006 refers): The Cabinet considered a report on an assessment of tenders received for the provision of 24-hour support to people with autism, challenging behaviour and complex needs.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to accept the most suitable tender for the Council.

Resolved: The Cabinet awards the contract to Independent Advocacy Services Ltd on the terms and conditions set out in the report.

80. Award of contract for the provision of 24-hour support for people with learning disabilities: The Cabinet considered a report on the assessment of tenders received for the provision of 24-hour support to people with a learning disability.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to accept the most suitable tender for the Council.

Resolved: The Cabinet approves the award of the contract to UBU on the terms and conditions set out in the report.

81. Orrell Lamberhead Primary School and SureStart enabling works: The Cabinet considered a report on the agreed maximum price for the work at Orrell Lamberhead Green Primary School to move the infants campus onto the junior site and to construct a new SureStart nursery. This would enable the construction of the new Abraham Guest High School on the vacated site under the building schools for the future pathfinder project.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to avoid any delay in the project and to take advantage of this procurement option.

Resolved: The Cabinet:-

• accepts the agreed maximum price negotiated with the partner constructor Wilmott Dixon in the sum of £2,294,680; and
• approves budget release in the sum of £2,650,000 (£2,200,000 capital receipts £450,000 SureStart funding) and amendment to the capital programme.

82. Tender for learning platform: This item was withdrawn.

83. Wigan Joint Service Centre update report and procurement programme (minute 403 of March 2007 refers): The Cabinet considered a report on progress made on the Joint Service Centre private finance initiative project and on further delegated authority required for stages added to the procurement process by the Government.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to comply with the advice requiring the further selection process and the need to avoid delays in an already tight timetable requirement.

Resolved: The Cabinet n otes the report and delegates power to the Chief Executive, in consultation with the Executive Leader, to select and appoint the two final bidders for this project.

84. Proposed variation of covenant - land adjacent to 198 Whelley, Wigan : The Director of Legal and Property Services reported that, following the withdrawal of objections from Ward Members to this proposal, she would make the decision in accordance with her delegated powers.

85. Proposed disposal of land at Gloucester Street/First Avenue (former Two Porches School/ Atherton Day Nursery) Atherton (minute 466 of March 2006 refers): The Cabinet considered a report on the offers received for the acquisition of the above site for residential development.

There were no alternative options available for consideration.

Resolved: The Cabinet:-

• accepts the offer submitted by Chelford Homes, subject to them satisfactorily resolving the planning requirements detailed in the report within a period of 21 days;
• accepts the second highest offer from Arley Homes North West in the event that Chelford Homes are not able to meet the requirements within the required timescale; and
• delegates authority to the Director of Legal and Property Services, in consultation with the Executive Leader, to agree any reduction in the offers arising from the ground investigation report.

86. Mr G M Rowney: The Executive Leader reported that Mr G M Rowney (Director of Children and Young Peoples Services) would be leaving shortly to take up a similar post at Stoke.

Resolved: The Cabinet places on record its appreciation of the significant contribution made by Mr G M Rowney to the work of this Council and extends to him best wishes for the future.