Present at the meeting
- Councillor J Moodie (Vice Chairman)(In the Chair)
- Councillor J S Birch
- Councillor Mrs B Bourne
- Councillor G M Bretherton
- Councillor M A Dewhurst
- Councillor J Ellis
- Councillor B J Fagan
- Councillor G W Fairhurst
- Councillor Ms P L Holland
- Councillor M Klieve
- Councillor C Rigby
- Councillor R T Splaine
- Councillor P Thompson
- Councillor P A Tushingham
- Councillor F B Walker
- Councillor Mrs M J Whiteside
- Councillor N R Whittingham
Co-opted Members
Councillor B Merry was present by invitation.
47 Apologies for absence: Councillors M Aldred (Chairman), J Miller (Vice-Chairman), H L Cadman, R J Derricutt and Mrs J Hurst and Mr D Barber, Rev R Buckley, Rev Deacon R Moore and Mr B Turrell.
48 Minutes: The minutes of the meeting of this Committee held on 14 July 2008 were approved as a correct record.
49 Exclusion of the public - section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following item 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 |
Proposed exchange of interests and improvement works on land at and to the rear of 373/385 Wigan Road, Bryn, Wigan |
54 |
3 (Information about the financial or business affairs of any person or organisation, including the council) |
50 Whipping declarations: The Service Director – Borough Solicitor reminded the Committee that government guidance expected Members of Overview and Scrutiny Committees not to act in accordance with party whipping and that, if they did, they were to declare it.
There were no declarations made.
51 Wigan’s Homelessness Strategy 2008 - 2013: The Committee considered a report, which outlined the new draft Homelessness Strategy that had been developed through a significant consultation process to address homelessness issues in Wigan.
Members asked questions on the report and received appropriate responses.
Resolved: The Committee endorses the report.
(The Chairman (Councillor J Moodie) declared a prejudicial interest in the above item because he was a Member of the Community Protection Panel that had previously considered this report and left the meeting during discussion thereon. Councillor G D Bretherton took the Chair. Councillor G W Fairhurst declared a personal and non prejudicial interest in this item because he is a mortgage advisor. Councillor P Thompson declared a personal and non prejudicial interest in this item because he is a private landlord. Councillors Mrs M J Whiteside and F B Walker declared a personal and non prejudicial interest in this item because they are Members of the Wigan and Leigh Homes Board appointed by the Council).
52 Questions (if any) on the Business of the Cabinet: There were none.
53 Questions (if any) on the business of the forward plan – monthly update: Councillor N R Whittingham suggested that the waste collection policy and waste disposal and treatment options items could be considered as part of the Recycling Select Committee remit.
Resolved: The Chairman of the Recycling Select Committee be requested to take on board the suggested comments.
54 Proposed exchange of interests and improvement works on land at and to the rear of 373/385 Wigan Road, Bryn, Wigan: The following decision made by Cabinet (minute 60 refers) had been called in by Councillor G Wilkes, with the support of Councillors H L Cadman, J Ellis, G W Fairhurst, R T Splaine, P Thompson, P A Tushingham and N R Whittingham:-
60 Proposed exchange of interests and improvement works on land at and to the rear of 373/385 Wigan Road, Bryn, Wigan: The Cabinet considered a report on a proposed exchange of land interests, variation of covenants and a scheme of improvement on land at and to the rear of 373/385 Wigan Road, Bryn, Wigan and noted the views of the Ward Members.
The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to lead to the improvements envisaged within the overall scheme.
Resolved: The Cabinet:-
- agrees to declare the freehold interest in 373/385 Wigan Road, Bryn, surplus to the Council’s requirements;
- authorises the Service Director – Borough Solicitor, in consultation with the Executive Director - Business Support Services, to arrange for the disposal of that interest by private treaty;
- authorises the Service Director – Borough Solicitor, in consultation with the Executive Director - Business Support Services to acquire the necessary scheme land from the owner; and
- authorises the Service Director – Borough Solicitor, in consultation with the Executive Director - Business Support Services to undertake the necessary steps to vary the existing covenants relating to the use of the rear building and car parking provision attached thereto.
The Service Director – Borough Solicitor advised Members of the options open to them within the Call In rules. He confirmed that as the decision was not inconsistent with the Budget and not contrary to the Policy Framework, the Council could not override the decision taken at minute 60.
The Committee agreed to follow the formal process for call in.
The Committee considered a report from the Director of Business Support Services.
Councillor G Wilkes had stated that the reasons for calling in the decision were as follows:
- The proposed improvements to parking will not be carried out to adoption standard.
- The Land in question is the only piece of Council owned Land which could have a Park and Ride Scheme for Bryn Railway Station in the future.
- It will have a negative effect to the Bryn Traders due to the lack of parking space available for their business.
- The decision goes against the best interests of the Bryn Ward Councillors and the Bryn Traders group.
Additional information from the Ashton and Bryn Traders Group had been circulated by email to Members and a DVD was shown at the meeting of the area of land in question.
Councillor B Merry was called as a witness and he read a statement in support of the call in. He then answered questions.
The Committee agreed that all witnesses would stay for the whole of the meeting.
The Service Director – Corporate Services, Business Support Services was called as a witness and was present to give the background to the report and answer questions.
The Senior Engineer, Environmental Services was called as a witness and was present to give the background to the report and answer questions in relation to park and ride schemes.
The Senior Surveyor, Business Support Services was called as a witness and was present to give the background to the report and answer questions in relation to the proposed improvements to the area and the sale of land to the current owner.
Members then questioned the witnesses at this point.
Resolved: The decision taken at Minute 60 be referred back to the Cabinet with the following recommendations:-
- The Cabinet, or the Cabinet Champion for Organisational Change, be requested to visit the site, together with Ward Members and relevant Officers, prior to making its final decision;
- The Cabinet then consider investigation of further options, including doing nothing;
- The Director of Environmental Services be requested to consider how the development has been assessed against the Planning Policy Guidance 6 - Town Centres and Retail Developments (PPG6) guidance.
- The Members of the Overview and Scrutiny be informed of the outcome.
55 Nominations to new AGMA Scrutiny body: The Vice Chairman agreed to this additional item being taken as urgent, the special circumstance being the need to obviate any delay.
Following a request from this Committee (minute 31 refers), the Cabinet (minute 40 refers) had agreed that the three members appointed to the Scrutiny Pool were to be Members of the Overview and Scrutiny Committee in accordance with the AGMA Constitution.
The existing three Members of AGMA Council were Councillors Mrs J Hurst, Councillor J D O’Brien and Councillor B J Fagan. The Committee acknowledged that although Councillor O’Brien was no longer a Member of this Committee, he is the Chairman of the Greater Manchester Health Scrutiny Committee and is a useful link.
Councillor P A Tushingham suggested that where a Member had a particular expertise in an area, then this principle could be applied elsewhere in respect of representatives on outside bodies.
Resolved: The AGMA Secretariat be informed that this Committee supports the following nominations to the AGMA Scrutiny body:-
- Councillor Mrs J Hurst (Labour);
- Councillor J D O’Brien (Labour); and
- Councillor B J Fagan (Democratic Alliance)
- (Councillor B J Fagan declared a personal and non prejudicial interest in this item because he is a Member of the Association of Greater Manchester Authorities appointed by the Council)
