Cabinet Thursday 18 February 2010

Minutes of the meeting of the Cabinet were held on Thursday 18 February 2010.

Present at the meeting

  • Councillor P R C Smith (Executive Leader)
  • Councillor K Anderson (Portfolio Holder for Neighbourhood).
  • Councillor J B Baldwin (Portfolio Holder for Cultural).
  • Councillors G M Bretherton (Portfolio Holder for Equality and Young People)
  • Councillor K Cunliffe (Portfolio Holder for Healthier Communities and Older People)
  • Councillor Mrs S Loudon (Portfolio Holder for Children and Young People).
  • Councillor D T Molyneux (Portfolio Holder for Environment and Regeneration).
  • Councillor P Prescott (Portfolio Holder for Lifestyle).
  • Councillor C Ready (Portfolio Holder for Improvement).
  • Councillor F B Walker (Portfolio Holder for Efficiency).

Officers in attendance

  • Gillian Bishop – Interim Executive Director of Environmental Services
  • Christine Charnock-Jones – Principal Committee Services Officer
  • Ashley Crumbley – Chief Executive of Wigan and Leigh Housing
  • Neil Fearnley – Service Director, Neighbourhoods
  • Rodney Hill – Chief Executive of Wigan Leisure and Culture Trust
  • Kevin Lawson – Service Director, Borough Solicitor
  • Peter Layland - Head of Housing and Community
  • Paul McKevitt – Service Director, Corporate Services
  • David Mather – Principal Public Relations Advisor
  • Steve Peddie – Service Director, Customer Transformation
  • David Smith – Executive Director of Business Support Services
  • Bernard Walker - Executive Director; Health and Wellbeing
  • Sue Wilkinson – Service Director – Schools for the Future

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

176 Apologies for absence: There were none.

177 Minutes: The minutes of the meeting of the Cabinet held on 4 February 2010 were approved as a correct record.

178 Housing Allocations policy: The Cabinet considered a report of the interim Executive Director Environmental Services, Gillian Bishop, presented by the Head of Housing and Community, Peter Layland, which informed Members of the proposed revised policy for the allocation of social rented housing in the borough.

The revised policy included the following key proposals:-

  • an increased priority for people threatened with homelessness (including people leaving the armed forces); 
  •  recognition that applicants could have several different sources of housing need;
  • stronger signals to those guilty of anti-social behaviour that they would be much less likely to be given Council Housing and encouraging them to take responsibility for demonstrating a positive change which could earn them reinstated priority.
  • facilitating transfers for existing tenants, particularly for those wanting to downsize; and
  • to be able to respond more flexibly in neighbourhoods/groups in the future via the development of more local lettings policies.

The Head of Housing and Community referred to the main points contained within the report.

The Chief Executive of Wigan and Leigh Housing, Ashley Crumbley, explained the pressures due to the number of people on the waiting list, compared to the number of properties available and the affects of the new policy on those people. He reported that all Members of the Council would be notified once the changes took affect, in order to assist them with any surgery enquiries.

There were no alternative options available for consideration.

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

The report had been considered by the Economy, Environment, Culture and Housing Scrutiny Committee (minute 38 refers) and a copy of the minute extract was available at the meeting. The report would also be considered by Council at its meeting to be held on 10 March 2010.

The Executive Leader expressed the need to explain in ‘plain English terms’ the effects of the policy for those affected.

Resolved: The Cabinet:-

(1) endorses the proposals for a new Housing Allocations Policy, which will now be submitted to Council for final approval;

(2) requests that the Officers prepare a ‘plain English guide’ to accompany the policy; and

(3) agrees that the Chief Executive of Wigan and Leigh Housing be requested to provide an analysis of the waiting list and how it is categorised for Members of the Cabinet.

179 Contract for Housing Services (Mid Contractual Review): The Cabinet considered a report of the interim Executive Director Environmental Services, presented by the Head of Housing and Community, which informed Members of the mid contractual review of the Housing Management Services of the Council’s housing stock and the Homelessness Service as required under the contract with Wigan and Leigh Housing (WALH).

The Head of Housing and Community referred to the main points contained within the report.

The Cabinet was advised that the mid contract review process had been completed. It had been identified that good progress had been made in the overall performance of WALH. Against the five priority areas within the WALH vision/objectives, WALH had made excellent progress on three of the five areas. Satisfactory progress had also been achieved on the remaining two areas but some improvement work was still needed.

The report set out details of the alternative option to be considered. These were to either end the ALMO and return the management functions to the Council or look to transfer the housing stock to the Housing Association.

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

The report had been considered by the Economy, Environment, Culture and Housing Scrutiny Committee (minute 39 refers) and a copy of the minute extract was available at the meeting. The Chairman of that Committee had agreed to review any additional evidence being submitted by WALH prior to the decision being taken by Cabinet

Resolved: The Cabinet agrees the proposal to renew the contract for Housing Services with WALH for the remainder of the existing contract (two years) plus a further five contract.

(The Chief Executive of Wigan and Leigh Housing left the room for this item.)

(Councillor F B Walker declared a prejudicial interest in this item because he is a Board Member of Wigan and Leigh Housing and left the meeting for this item.)

180 Plank Lane Renewal Area: The Cabinet considered a report of the interim Executive Director Environmental Services, presented by the Head of Housing and Community, which informed Members that the living conditions in the area of Plank Lane, Leigh were unsatisfactory and that those conditions could be most effectively dealt with by declaring the area a renewal area. This approach had been welcomed by local residents and Ward Councillors.

The Head of Housing and Community referred to the main points contained within the report.

The report set out details of the alternative option to be considered. The reason for selecting the one recommended was to eradicate a pocket of poor environmental and housing conditions along the eastern approach to the former Bickershaw Colliery site, which would act as a disincentive for potential investors in the new development.

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

Resolved: The Cabinet agrees that the area of Plank Lane as outlined in the map attached as appendix 2 to the report be declared a renewal area for a period of ten years in accordance with Section 89 of the Local Government and Housing Act 1989 (as amended).

(Councillor J B Baldwin declared a personal and non-prejudicial interest in this item as he is a Board Member of Wigan Leisure and Culture Trust.)

181 Single Commissioning Agency Arrangements Approvals: The Cabinet considered a report of the Executive Director Health and Well Being, Bernard Walker, which sought approval for the governance and financial arrangements to create a single commissioning approach to health, care and support services.

The Executive Director referred to the main points contained within the report.

The report set out details of the alternative option to be considered. These were set out within the report.

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

The report would also be considered by Council at its meeting to be held on 10 March 2010.

Resolved: The Cabinet recommends that Council approve the following:-

(1) the recommended Single Commissioning Agency governance and funding proposals including the entry of an Agreement with Ashton Leigh and Wigan NHS Trust under S.75 of the National Health Services Act 2006 upon the terms indicated and authorises the Service Director Borough Solicitor in consultation with the Executive Director of Health and Well being and the Service Director Corporate Services to determine the detailed terms of that Agreement; and

(2) the delegations to the Single Commissioning Agency Board as detailed in Paragraph 6.3 of this report.

182 Wigan Local Development Framework: Local Development Scheme: The Cabinet considered a report of the interim Executive Director Environmental Services, which informed Members of the progress that had been made on the preparation of the Core Strategy of the Local Development Framework (LDF) and the proposed revised Local Development Scheme (LDS) prior to submission to the Government Office for the North West.

The Interim Executive Director referred to the main points contained within the report.

The Cabinet was advised that the LDS was basically a timetable and programme for the preparation of a LDF over a three year period. It identified the separate documents that needed to be prepared as part of the LDF. The LDS required updating to account for the ongoing preparation of the Core Strategy and consideration of what other development plan documents were needed to ensure the development of appropriate locations and sites that would help continue the regeneration of the borough.

The main changes to the revised LDS were:-

  • a revised programme for preparation of the Core Strategy;
  • a longer programme for preparation of the Greater Manchester Joint Waste Plan;
  • a new programme for an Allocations Plan commencing in September 2011;
  • a new programme for a Wigan Central Area Action Plan commencing in June 2010; and
  • a new programme for a Leigh Central Area Action Plan commencing in September 2012

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure that the scheme was fit for purpose and to achieve the balance sought between effective use of resources and effective use of the Local Development Framework to help to enhance the regeneration of the borough.

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

The report had been considered by the Economy, Environment, Culture and Housing Scrutiny Committee (minute 41 refers) and a copy of the minute extract was available at the meeting.

Resolved: The Cabinet:-

(1) approves the Local Development Scheme for formal submission to the Government Office for the North West;

(2) delegates future minor changes to the Local Development Scheme to the Executive Director of Environmental Services in consultation with the Portfolio Holder for Environment and Regeneration.

(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.)

183 Bolton Local Development Framework: Core Strategy Publication: The Cabinet considered a report of the interim Executive Director Environmental Services, which advised Members that Bolton Council was at an advanced stage of preparing its Core Strategy as part of the Bolton Local Development Framework. The Council would be consulting until 5 March 2010, prior to submission of the plan for examination. The key issue for this borough was in relation to proposals in the plan for a major employment area at Cutacre.

The Interim Executive Director referred to the main points contained within the report.

The report set out details of the alternative option to be considered. The reason for selecting the one recommended was to contribute to the shaping of the Bolton Core Strategy which would have implications for Wigan Borough.

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

Resolved: The Cabinet approves the contents of the report as the basis for Wigan Council’s representations on Bolton Council’s Core Strategy publication report.

(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.)

184 Capital programme including capital appraisal, prudential indicators, minimum revenue provision and treasury management policy statement 2010/11: The Cabinet considered a report of the Service Director – Corporate Services, Paul McKevitt, seeking approval for the results of the annual capital appraisal process 2010/11, the approval of the Capital Programme now submitted and the approval of the Treasury Policy as appended to the report. The report also set the prudential Borrowing indicators for the years 2010/11 to 2012/13.

The Service Director referred to the main points contained within the report. Particular reference was made to the management of expenditure and risks in relation to the Building Schools for the Future schemes.

There were no alternative options for consideration.

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

Members made reference to the proposed inclusion of a contribution from the capital programme toward the new Mayoral car. Reference was also made to the alley gate project with the inference being that the project should be continued as a result of the reduction in crime statistics following the installation of alley gates in certain areas.

The Executive Leader also reported on the outcome of a meeting between Council representatives, the local MP and the North West Development Agency (NWDA) relating to the future of the Turnpike Gallery, Leigh. He reported that £3m funding had been agreed with NWDA, over the next two years to cover works to the external appearance of the building and necessary internal works. The Interim Executive Director of Environmental Services reported that it was anticipated that some Section 106 monies could be made available for the project.

Resolved: The Cabinet:

(1) agrees to consider this report at the joint meeting with the Overview and Scrutiny Co-ordinating Committee on 18 February 2010 as the basis for preparing the formal resolution to Council on 3 March 2010 on the capital appraisal for 2010/11, capital programme for 2010/11 to 2012/13; the revised operational boundary and authorised limits for debt up to 2012/13; prudential borrowing indicators for the year 2010/11; and a treasury policy for 2010/11;

(2) to receive a further report on the risks associated with treasury management activities;

(3) requests the Officers to consider the alternative funding streams for the replacement Mayoral car and present a report on the business case to a future meeting of Cabinet;

(4) supports the continuation of the alley gates project and requests the Officers to consider the alternative funding streams available;

(5) requests the Officers to investigate the possibility of match funding the grant from NWDA to undertake works to the Turnpike Gallery, Leigh; and

(6) subject thereto, the Cabinet recommends the Council to:-

  • approve the results of the annual capital appraisal process; 
  • approve the Capital Programme now submitted;
  • approve the revised operational Boundary and Authorised Limits for debt for 2010/11;
  • set the prudential indicators;
  • approve the Treasury Policy appended to the report;
  • agree that the regulatory method for calculating Minimum Revenue Provision be used for both supported borrowing and self-financed expenditure in the short term to finance projects which are in the longer term financed from grant or capital receipts;
  • agree to unsupported borrowing in respect of short life assets the depreciation method of calculating repayment provision shall be employed; and
  • agree that in addition for unsupported borrowing where the revenue consequences are to be met from existing revenue budgets the Asset Life Method (equal instalments) of calculating repayment provision shall be employed.

(Councillor J B Baldwin declared personal and non-prejudicial interest in this item because he is a Board Member of Wigan and Leisure Culture Trust).

185 Revenue budget for 2010/11 and medium term financial strategy 2010/2011 to 2010/13: The Cabinet considered a report of the Service Director – Corporate Services, on the financial projections for the Council over the next three years with specific focus on the budget and a council tax and budget framework for 2010/11.

The report also set out the Council’s Medium Term Financial Strategy for 2010/11 – 2012/13 and highlighted a number of key pressures the Council was likely to face over the period.

The Service Director referred to the main points contained within the report. He reported that the proposed Gambling Act 2005 fees 2010/11 would now be increased by 5% and not by 1.5% as originally stated in the report and that this change would bring in increased revenue of approximately £2,000.

Members asked various questions on the report and gave their views.

The report set out details of the alternative option to be considered. The reason for selecting the one recommended was to avoid a council tax cap being imposed.

Resolved: The Cabinet:-

(1) agrees to consider this report at the joint meeting with the Overview and Scrutiny Co-ordinating Committee on 18 February 2010 as the basis for preparing the formal resolution to Council on 3 March 2010 on the budget and a council tax and budget framework for 2010/11.

(2) subject thereto, the Cabinet recommends the Council to:-

  • approve the budget framework and medium term financial forecast as set out in appendix 1 to the report, incorporating the income and fees proposals set out in appendix 2;
  • note the results of the Citizen’s Panel and internet budget surveys as set out in appendix 3 of the report;
  • approve an indicative Schools Budget of £192,500,000 for 2010/11; and
  • approve a rise in Band D Council Tax of 1.25 % for the Wigan element of the charge as set out in section 8.4 and requests the Service Director, Finance Division Corporate Services– Business Support Services to use this as the basis for the formal resolution to Council.

186 Housing revenue account (HRA) capital and revenue estimates 2010/11 and Medium term financial plan 2010/11 to 2012/13: The Cabinet considered a joint report of the Executive Director of Business Support Services the Executive Director of Environmental Services and the Chief Executive of Wigan and Leigh Housing, which recommended a proposal for HRA Capital and Revenue estimates for 2010/11.

The Service Director referred to the main points contained within the report.

The report set out details of the alternative option to be considered. The reason for selecting the one recommended was that it was the most appropriate option in the light of budget pressures on available resources, the medium term prospects for the housing revenue account (HRA) and the need to deliver the agreed vision for the service.

The Chief Executive of Wigan and Leigh Housing referred to an earlier meeting with the Tenant Board Members and he again submitted their views thereon on this year’s draft determination.

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

Resolved: The Cabinet:-

(1) agrees to consider this report at the joint meeting with the Overview and Scrutiny Co-ordinating Committee on 18 February 2010 as the basis for preparing the formal resolution to Council on 3 March 2010 on the HRA capital and revenue estimates for 2010/11.

(2) subject thereto, the Cabinet recommends the Council to:-

Revenue estimates:

  • approve the HRA revenue estimates for 2010/11
  • approve the ALMO management fee for 2010/11 as £15.666 million;
  • approve that any 2009/10 WALH management fee underspend is retained by the HRA for future use by WALH on expenditure to be determined in conjunction with the HRA client officer;
  • approve that the 2010/11 weekly charge for the provision of sheltered wardens services be frozen at the 2009/10 level; 
  • to note the £1.3 million improvement in balances following the receipt of the final 2010/11 HRA subsidy determination and receive proposals from WALH regarding the utilisation of the extra funds.

Capital estimates:

  • appoint Wigan and Leigh Housing to manage the programme;
  • delegate to Wigan and Leigh Housing the power to manage timing of the elements of the programme to match the available resources;
  • delegate to Wigan and Leigh Housing the choice of minor programmes in the light of the resources available when the 2009/10 out turn is known.

(Councillors Mrs M J Whiteside and F B Walker declared a personal and non prejudicial interest in this item because they are Board Members of Wigan and Leigh Housing.)

187 Local Life Centre Township Network 2010/11: The Cabinet considered a report of the Service Director, Customer Transformation, Steve Peddie, which provided Members with an overview of the scoping criteria and the identification and selection process for the ten township based Local Life Centres (spokes to the Joint Service Centre).

The Service Director referred to the main points contained within the report.

There were no alternative options for consideration.

Members asked a number of questions and commented on the various aspects of the report and reference was made in particular to the staffing levels at the Leigh Life Centre during the lunchtime hours.

The report had been considered by the Overview and Scrutiny Co-ordinating Committee (minute 84 refers) and a copy of the minute extract was available at the meeting.

Resolved: The Cabinet:-

(1) notes the progress so far in the identification and implementation of the first three Local Life Centres;

(2) endorses the approach taken in determining the location of the centres; and

(3) requests that the Service Director investigate the concerns relating to the staffing levels at the Leigh Life Centre and report back to the Members accordingly.

188 Financial and Performance summary report quarter three: The Cabinet considered a report of the Report of the Service Director – Corporate Services informing Members of the progress on budgets against spending to the end of December 2010, together with the high level associated performance information. The report reviewed the operation and exercise of delegated Treasury Management powers.

The Service Director referred to the main points contained within the report.

The Service Director, Customer Transformation, suggested that if would be useful for Members to have further information on the performance indicators.

There were no alternative options available for consideration.

Members asked various questions on the report and gave their views.

Resolved: The Cabinet:-

(1) agrees to consider this report at the joint meeting with the Overview and Scrutiny Co-ordinating Committee on 18 February 2010;

(2) notes the report and the impact upon balances;

(3) endorses the deletion of the Coventry Building Society and Northern Rock plc from the approved counterparty list; and

(4) agrees that the Service Director, Customer Transformation, provide performance indicator information as suggested at the meeting for a future meeting of Cabinet.

189 References from Other Committees – Care Quality Commission Ratings – Annual Performance Assessment 2008/09: The Cabinet considered a report of the Executive Director Health and Well Being informing Members, of the outcome of the Annual Performance Assessment of Social Care Services for Adult Services.

The Service Director referred to the main points contained within the report.

There were no alternative options for consideration.

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

The report had been considered by the Adult, Health and Well-being Scrutiny Committee (minute 190 refers) and a copy of the minute extract was available at the meeting.

Resolved: The Cabinet endorses the report and congratulates the Adult Services Department on its results from the CQC.

190 Future waste treatment arrangements (minute 281 – April 2009 refers): The Cabinet considered a report of the interim Executive Director Environmental Services, which was presented by the Service Director, Neighbourhoods, Neil Fearnley, which set out the options for waste treatment following the expiration of the current contract with Waste Recycling Group (WRG) in November 2012.

The Service Director referred to the main points contained within the report.

The report set out details of the alternative option to be considered. The reason for selecting the one recommended was that following an analysis of the options this indicated that the recommended option offers best value to the Council.

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

Resolved: The Cabinet agrees to:-

(1) the securing of a long term waste disposal arrangements through an open procurement process inviting a range of solutions by tendering separate contracts for the management and disposal of municipal waste, the management of the Household Waste Recycling Centres (HWRCs) and landfill site management;

(2) approval to negotiate with WRG an extension of the existing contract beyond November 2012 to March 2014 with an option to extend for a further year as a contingency for the construction and commissioning of any new facilities; and

(3) approval to the engagement of a programme delivery team and funding necessary to procure the optimum arrangement for Wigan’s needs.

Leader

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