Cabinet - Thursday 24 September 2009

Present at the meeting:

• Councillor P R C Smith (Executive Leader)
• Councillor K Anderson (Cabinet Champion for Neighbourhood)
• Councillor G M Bretherton (Cabinet Champion for Equality and Young People)
• Councillor K Cunliffe (Cabinet Champion for Healthier Communities and Older People)
• Councillor D T Molyneux (Cabinet Champion for Environment and Regeneration)
• Councillor P Prescott (Cabinet Champion for Lifestyle)
• Councillor C Ready (Cabinet Champion for Improvement)
• Councillor F B Walker (Cabinet Champion for Efficiency)

Officers in attendance

• Peter Burt – Executive Director Business and Service Development
• Ashley Crumbley – Chief Executive of Wigan and Leigh Housing
• Anne Goldmsith – Service Director - Transformation
• Sue Johnson – Deputy Chief Executive
• Martin Kimber – Executive Director of Environmental Services
• Kevin Lawson – Service Director, Borough Solicitor
• Joyce Redfearn – Chief Executive
• David Smith – Executive Director of Business Support Services
• Bernard Walker – Executive Director of Health and Wellbeing
• Michael Williamson – Committee Services Officer

Please note that where a resolution is in bold, then this determines that the report involved a key decision.

71 Apologies for absence: Councillor J B Baldwin (Cabinet Champion for Cultural) and Councillor Mrs S Loudon (Cabinet Champion for Children).

72 Minutes: The minutes of the meeting of the Cabinet held on 27 August 2009 were approved as a correct record.

73 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:-

74 Greater Manchester Joint Waste Development Plan Document: Objection to Proposed Extension to Whitehead Landfill Site, Astley Green: The Cabinet considered a report, which was presented by the Director of Environmental Services, Martin Kimber, advising Members that a vertical and horizontal extension of the existing Whitehead Landfill site at Astley Green had been suggested for inclusion in the Joint Waste Plan as a residual waste disposal site. It was considered that there were good planning grounds for objecting to the inclusion of this site in the plan.

The report set out details of the alternative option. The reason for selecting the one recommended was to avoid further landfill operations at the site, contrary to good planning and in the interests of the local community

Members asked a number of questions and commented on the various aspects of the report.

Resolved: The Cabinet agrees that an objection to the inclusion of the site in the Greater Manchester Joint Waste Development Plan document be submitted.

(Councillor P Prescott declared a prejudicial interest in this item as he is Chairman of the Council’s Planning Committee and left the meeting during the discussion thereon).

75 Greater Manchester Joint Minerals Development Plan Document: The Cabinet considered a report, which was presented by the Director of Environmental Services, which reminded Members that the Council, as a minerals planning authority, was obliged to keep its minerals policies under review and as up to date as possible and that these were currently found in the Unitary Development Plan, published in April 2006. These policies now required updating and as such, the most cost effective and efficient means of updating them was considered to be by contributing to the production of a Greater Manchester Joint Minerals Development Plan Document. This approach has already been considered by the Planning and Housing Commission at the Association of Greater Manchester Authorities (AGMA) and by the AGMA Executive Board.

Approval was sought in principle to prepare a Greater Manchester Joint Minerals Development Plan Document and to set in place the governance arrangements for producing the joint document.

The report set out details of the alternative option. The reason for selecting the one recommended was to produce the most cost effective and efficient document.

Members asked a number of questions and commented on the various aspects of the report.

Resolved: The Cabinet agrees to:-

1. approve in principle the production of a Greater Manchester Joint Minerals Development Plan Document;
2. delegate responsibility for all stages in the production of the Development Plan document, other than Publication/Submission and Adoption (which will remain the responsibility of the Council), to AGMA as the appropriate Joint Committee for the purpose of preparing a Joint Minerals Plan;
3. agree in principle to the establishment of an AGMA Committee, to supervise the production of the plan under agreed terms of reference;
4. approve the appointment of the Deputy Leader (Councillor D T Molyneux), as the Council’s representative on the Committee; and
5. notes the proposed amendment of the Council’s Local Development Scheme to include reference to the production of the Greater Manchester Joint Minerals Development Plan document.

76 Youth facilities: The Cabinet considered a report, which was presented by the Service Director - Transformation, Anne Goldsmith, informing Members of the potential development of a youth facility and requesting support from the Council for the development, location and future operation.

The report set out details of the alternative option. The reason for selecting the one recommended was that the siting of the facility alongside Parsons Walk, Wigan between Drumcroon and Civic Buildings would represent the best option for planning purposes.

Members asked a number of questions and commented on the various aspects of the report. The Chief Executive reminded Cabinet that the proposals were in the very early stages of development and would need full evaluation before a decision is made.

Resolved: The Cabinet:-

1. supports the proposed development of a youth facility in principle;
2. authorises negotiations to clarify the assistance required from the Council in relation to the siting of the development and its future operation; and
3. requests that should any development take place, design details reflect that the development is situated in a conservation area.

(Councillor P Prescott declared a prejudicial interest in this item as he is Chairman of the Council’s Planning Committee and left the meeting during the discussion thereon).

77 Performance venue site landscaping: The Cabinet considered a report, which was presented by the Director of Environmental Services, which sought approval to secure agreement for the landscaping of the Trencherfield Mill performance venue site so that regeneration progress was maintained and Heritage Lottery grant aid may be secured.

The report set out details of the alternative option. The reason for selecting the one recommended was to carry out landscaping in this area

Members asked a number of questions and commented on the various aspects of the report.

Resolved: The Cabinet approves the decision to proceed with landscaping as supported by the officer group responsible for the Wigan Pier Quarter (phase 3) project.

78 Submitted draft north west plan partial review: The Cabinet considered a report, which was presented by the Director of Environmental Services, relating to the latest round of consultation on the partial review of the regional spatial strategy for the North West covering the following areas:-

• gypsies and travellers (Policy L6);
• travelling showpeople (Policy L7); and
• parking standards (Policy RT2).

The report set out details of the alternative option. The reason for selecting the one recommended was to avoid the imposition of inappropriate policies for gypsies and travellers and for travelling showpeople and inappropriate car parking standards.

Members asked a number of questions and commented on the various aspects of the report.

Resolved: The Cabinet agrees to a response on the basis of the following:-

1. general support for the revised pitch requirements in Policies L6 and L7; and
2. to submit a response about the submitted amendments on parking standards in Policy RT2, notably the area accessibility categories, the accessibility questionnaire and car parking standards for disabled people as set out in the report.

79 Review of Transport Governance: The Cabinet considered a report, which was presented by the Director of Environmental Services, advising Members of the Greater Manchester Transport Governance Consultation report.

A copy of the consultation document on future arrangements in Greater Manchester entitled ‘Transport Governance,’ has been circulated to Members of the Cabinet in advance of the meeting.

There were no alternative options available for consideration.

Members asked a number of questions and commented on the various aspects of the report.

Resolved: The Cabinet:-

1. notes the methodology for the review as set out in the consultation report;
2. approves the proposed comments provided on the Consultation Response form in Appendix A; and
3. requests that any additional comments to support the Council’s proposed response, be included in the Consultation Response Form for Wigan.

80 Wigan Leisure and Culture Trust – Annual review 2008/09: west plan partial review: The Cabinet considered a report, which was presented by the Executive Director, Health and Wellbeing, Bernard Walker, which informed Members of the performance of Wigan Leisure Culture Trust (WLCT) in 2008/09, the priorities and challenges facing WLCT for 2009/10 and outlined a new performance measurement framework for 2009/10 onwards.

The Economy, Environment, Culture and Housing Scrutiny Committee had considered this report (minute 22 refers).

There were no alternative options available for consideration.

Members asked a number of questions and commented on the various aspects of the report. Resolved: The Cabinet:-

1. notes the report;
2. endorses the approach of the new performance measurement framework; and
3. welcomes the comments of the Economy, Environment, Culture and Housing Scrutiny Committee

81 Adult Services Budget Monitoring 2009-10: The Cabinet considered a report, which was presented by the Executive Director, Health and Wellbeing, on the budget monitoring position for Adult Services after the first four months of 2009-10. The Executive Director made reference to the budgetary issues that would need to be addressed during the year.

The Adult, Health and Wellbeing Scrutiny Committee had considered this report (minute 31 refers). There were no alternative options available for consideration.

Members asked a number of questions and commented on the various aspects of the report. Resolved: The Cabinet notes the report.

82 End destinations of recycled waste from the borough (minute 286 – April 2009 refers): The Cabinet considered a report, which was presented by the Director of Environmental Services, on the end destinations of materials collected in the borough through the Council’s recycling programmes.

The report set out details of the alternative option. The reason for selecting the one recommended was to report back in accordance with a previous minute.

Resolved: The Cabinet notes the report.

83 Councillor Services Group Minutes – 26 August 2009: The minutes of the meeting of the Councillor Services Group held on 26 August 2009 were submitted for information.

Resolved: The Cabinet notes the minutes now submitted.

84 Affordable Housing – update on bidding for resources (minute 48 refers): The Cabinet considered a report, which was presented by the Head of Housing and Community, Peter Layland, updating Members on the current affordable housing bidding position.

The report set out details of the alternative option. The reason for selecting the one recommended was to offer the best and earliest opportunity to secure grant funding to commence new build social rented homes.

Members asked a number of questions and commented on the various aspects of the report. Resolved: The Cabinet notes the report, including the revised funding requirements for the Etherstone Street/Windsor Avenue proposals, and awaits a further report to be presented on the 22 October 2009.

85 Revision of terms of lending to Manchester Airport Group: The Cabinet considered a report, which was presented by the Executive Director of Business Support Services, David Smith, on the proposals to revise the terms of lending to Manchester Airport Group (MAG) and seeking delegated authority to enable the proposals to be put into effect. A copy letter from KPMG dated 6 August 2009 was also circulated at the meeting.

The report set out details of the alternative option. The reason for selecting the one recommended was to ensure that the loan conversion proceed as soon as possible.

Members asked a number of questions and commented on the various aspects of the report.

Resolved: The Cabinet:-

1. notes the benefits and risks relating to the conversion of the loan under the Facility Agreement as set out in the report and the advice of KPMG;
2. agrees to proceed with the conversion of the loan as set out in the report and to delegate to the Service Director Corporate Services in consultation with the Service Director Borough Solicitor authority to approve the final terms of the conversion;
3. subject to approval as set out at 2 above, delegates authority to the Service Director Borough Solicitor to complete all necessary documentation to give effect to the conversion of the loan; and
4. authorises the Service Director Corporate Services to determine the detailed accounting arrangements for the loans, including the classification between revenue and capital and any charges to the revenue account which might flow in the latter situation. Also to determine any necessary revisions to the Council’s Treasury Management Policy and if necessary make amendments for approval of the revised 2010 Policy.

(The Executive Leader (Councillor P R C Smith) declared a personal interest in this item as he is a Director of Manchester Airport Group PLC and vacated the Chair during the debate on this item. The Deputy Leader (Councillor D T Molyneux) occupied the Chair during consideration of this item).

86 Construction of road Linking Sherwood Crescent to Millers Lane, Platt Bridge: The Cabinet considered a report, which was presented by the Service Director – Borough Solicitor, Kevin Lawson, which informed Members on the proposed construction of a road linking Sherwood Crescent and Millers Lane, Platt Bridge to facilitate the development of land and to meet contractual obligations.

The report set out details of the alternative option. The reason for selecting the one recommended was to give the Council certainty on the basis that it was in control of the provision of the road. Members requested that a report be submitted to the next Cabinet meeting setting out the necessity of the proposed road.

Resolved: The Cabinet defers consideration of this item subject to a further report being submitted to the Cabinet meeting on 22 October 2009.

87 Feedback from Scrutiny Committees (if any): There was none.

88 Resignation of Martin Kimber – Executive Director of Environmental Services: The Executive Leader informed Members of the impending departure of Mr Martin Kimber, Executive Director of Environmental Services and that that this would be his last meeting of the Cabinet.

Resolved: The Cabinet extends to Mr Martin Kimber best thanks for his significant contribution to the Council and best wishes in his role as Chief Executive of Rotherham Council.

89 Disposal of land at Anthorn Road: The Executive Leader agreed to the following item as urgent, the special circumstance being the need to inform Members at the earliest opportunity.

The Executive Director – Business Support Services, David Smith, informed Members of the need for Cabinet to make a decision in relation to land at Anthorn Road. He advised Cabinet that the site, which was currently owned by the Council, had been earmarked for sale to support the Grange development. However, the Council had been made aware of two proposals from the community for alternative development of the site.

Resolved: The Cabinet requests that business plans for the two community groups be submitted to the Council for an evaluation to be undertaken and a further report to be submitted to Cabinet for consideration in November