Prsent 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
- Janice Barton - Director of Strategy – Wigan and Leigh Housing
- Gillian Bishop – Executive Director of Environmental Services
- Christine Charnock-Jones – Principal Committee Services Officer
- Nick Hudson – Executive Director Of Children And Young People’s Services
- Nick Lamper – Democratic Services Manager
- Kevin Lawson – Service Director – Borough Solicitor
- Peter Layland – Head of Housing and Community Regeneration
- Janet Lumley – Committee Services Officer
- David Mather – Principal Public Relations Advisor
- Joyce Redfearn – Chief Executive
- David Smith – Executive Director, Business Support Services
- Bernard Walker – Executive Director, Health and Well Being
- 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.
215 Announcements by the Executive Leader (a) Visit of the Prime Minister to the Surestart Project at Meadowbank Primary School, Atherton: The Executive Leader referred to the visit of the Prime Minister earlier in the day to the Surestart Project at Meadowbank Primary School, Atherton. The Prime Minister had been impressed with the project.
(b) Appointment of Executive Director of Environmental Services, Mrs Gillian Bishop: The Leader reported that Mrs Gillian Bishop was no longer interim and had recently been appointed as the Executive Director of Environmental Services, following external advertisement and a Member Panel interview.
(c) Principal Public Relations Adviser – David Mather: The Executive Leader congratulated David Mather on his impending retirement after 30 years with Wigan Council.
216 Apologies for absence: There were none.
217 Minutes: The minutes of the meeting of the Cabinet held on 18 March 2010 were approved as a correct record.
218 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 |
BSF Programme Risk Management |
229 |
3 (Information about the financial or business affairs of any person or organisation, including the Council) |
| E2 |
Affordable Housing Delivery Update |
230 |
3 (Information about the financial or business affairs of any person or organisation, including the Council) |
219 Review of the Constitution: The Cabinet considered a report of the Service, Director – Borough Solicitor, Kevin Lawson, which invited Members to review the Council’s Constitution.
The Service Director gave details of the background to the report.
The report had been considered by the Overview and Scrutiny Co-ordinating Committee (minute 105 refers) and would also be considered by Council on 28 April 2010.
Members asked various questions and received responses from the Officers.
In relation to section 11 of the report a Member referred to the view on the screen for the electronic voting facility as not being appropriate. The Democratic Services Manager referred to some proposed changes to the voting system. Reference was also made to a judgement being made as to when the voting system should be used, as the system may not be appropriate in all cases.
The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure efficient decision taking was being made.
Resolved: The Cabinet recommends to Council:-
- that the constitution be amended as set out in the report; and
- that the Principal Scrutiny Officer (Gary Finch) be appointed as the Council’s designated Scrutiny Officer.
- that the delegation in Paragraph 38 of the report to the Executive Director of Environmental Services be amended to read “in consultation with the Executive Director of Business Support Services or the Service Director-Corporate Services to take determine or vary tenancies leases or licences under the private sector leasing scheme” and that the suggested delegation to Wigan and Leigh Homes in relation to the private sector leasing scheme be withdrawn.
220 Community Governance Review (minute 201 refers): The Cabinet considered a report of the Service, Director – Borough Solicitor, which sought Members’ views on the draft Terms of Reference for the proposed Community Governance Review, which would need to be carried out following the receipt of several petitions seeking the formation of town councils.
Members were informed that there would be a two stage consultation process and that the initial consultation with the public would include:
- the Council’s website;
- a detailed section within the next edition of the Borough Life magazine;
- press notices/ press leaflets; and
- factual leaflets.
The report had been considered by the Overview and Scrutiny Co-ordinating Committee (minute 106 refers) and would also be considered by Council on 28 April 2010.
Members asked various questions and received responses from the Officers. Reference was made to how Town Councils in surrounding areas operated and of the possibility of including a ‘Frequently Asked Question’ section on the internet in an attempt to clarify the effects of introducing a Town Council to areas of the borough.
The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure that the Terms of Reference could be amended to carry out a Community Governance Review.
Resolved: The Cabinet:-
- supports the suggested approach for compiling a Terms of Reference for the proposed Community Governance Review; and
- supports the recommendations of the Overview and Scrutiny Co-ordinating Committee as bet out below:-
- suggests that the Service Director – Borough Solicitor look at the possibility of devising a separate leaflet to be delivered to all households; and
- suggests that the arguments are put out in an objective way.
221 Wigan Wallgate Townscape Heritage Initiative: The Cabinet considered a report of the Executive Director Environmental Services, Gillian Bishop, which outlined the stage two application to the Heritage Lottery Fund to secure £1,200.000 towards the regeneration of the Wigan Wallgate area.
Members asked various questions and received responses from the Officers.
The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to secure funding for historic building improvement grants and public realm enhancements within conservation areas.
Resolved: The Cabinet approves the submission of a Stage Two application to the Heritage Lottery Fund for the Wigan Wallgate Project and supports the inclusion of the expenditure within the Capital Programme.
222 Resurfacing and Substantial Repairs to All Weather Pitches - Robin Park Arena: The Cabinet considered a report of the Executive Director Health and Well being, Bernard Walker, which outlined the proposals for the resurfacing of two all weather pitches at Robin Park Arena, plus substantial repairs to the remaining two multi courts and full size pitch.
Members asked various questions and received responses from the Officers. A Member asked for an explanation of the Sinking Fund and whether there was a similar provision for Leigh Sports Village. The Executive Director of Business Support Services explained that there was a similar provision made by the Council to ensure that the Village was maintained by LSV Co in good order.
Members referred to the press coverage relating to the Arena.
The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure that Robin Park could continue to provide safe and fit for purpose football pitches for use by schools, clubs and casual users from across the Borough.
Resolved: The Cabinet:-
- approves the release of a maximum of £90,000 from the Sinking Fund allocated to Robin Park into the Capital Programme alongside budget release to fund the resurfacing of two multi courts and substantial repairs to the remaining two and full size pitch;
- approves the ongoing commitment to resource the Robin Park Sinking Fund to meet the demands placed upon the fund primarily through the specialist sports surfacing; and
- that the Principal Public Relations Advisor be requested to produce a suitable press release in relation to the works being undertaken.
(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. Councillor D T Molyneux declared a personal and non prejudicial interest in this item because he is a Board Member of Leigh Sports Village Ltd).
223 Howe bridge (Atherton) Conservation Area Appraisal: The Cabinet considered a report of the Executive Director Environmental Services, which informed Members of the responses to the consultation exercise on the preparation of a character appraisal for Howe Bridge (Atherton) Conservation Area and to adopt the appraisal.
The Cabinet was advised that as a result of the historic nature and unified architectural style of the conservation area, it was proposed to remove the area of new development to the north of the Conservation Area at Brookfield. It was also proposed to extend the current boundary of the Conservation Area to include Atherton Cemetery and Cenotaph as these were two significant features within the townscape of Howe Bridge and had a positive impact on the area.
The report had been considered by the Economy, Environment, Culture and Housing Scrutiny Committee (minute 54 refers).
Members asked various questions and received responses from the Officers.
A Member requested a briefing note on the benefits of being part of a Conservation area and a copy of a map of the area was also requested prior to a final decision being made.
A Member expressed a disappointment that certain comments as contained within the schedule to the report in relation to Old Manor Park, had not been included as requiring positive action and retention and as part of the formal proposals and also confirmed that Brookfield and Briarfield were the same place.
The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure that the Council fulfilled its role in ensuring the production and enhancement of its conservation areas.
Resolved: The Cabinet:-
- agrees that following receipt of the map by Members and subsequent comments being collated, authority be delegated to the Chief Executive in consultation with the Executive Leader and Deputy Leader to adopt the Howe Bridge Conservation Area Appraisal; and to approve the extension of the boundary of the Conservation Area to include Atherton Cemetery and Cenotaph; and
- requests the Executive Director of Environmental Services to provide a briefing note on the benefits of being part of a Conservation area to all Members of Cabinet.
224 Mayflower (Standish) Conservation Area Appraisal: The Cabinet considered a report of the Executive Director Environmental Services, which informed Members of the responses to the consultation exercise on the preparation of a character appraisal for Mayflower (Standish) Conservation Area and to adopt the appraisal.
The Cabinet was advised that Mayflower Conservation Area was predominantly a residential area with some parcels of open space, woodland and landscaping within its boundary. There were several notable historic buildings within the Conservation Area, which include Lakeside and Mayflower Cottages and retained structures from the former Standish Bleach Works, including the engine house, the former bleach works wall and the gatehouse at the entrance to the former industrial premises which were important examples in the borough of a planned industrial settlement.
During the review process an option considered was to extend the current boundary of the Conservation Area to include Worthington and Arley Reservoirs to the north of the existing Conservation Area boundary. This would incorporate historic properties including Lakeside Nursing Home, Kilhey Court Hotel, South Lodge, Worthington Hall and Worthington Lodge. This area had some historical association with the original Conservation Area, but would not provide any significant additional controls over development as it was all within the green belt and covered by a historic park and garden and an ecological designation.
The report had been considered by the Economy, Environment, Culture and Housing Scrutiny Committee (minute 55 refers).
Members asked various questions and received responses from the Officers.
Members requested a map of the area, but agreed to make the decision without the map as a Member was able to describe the location.
The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure that the Council fulfilled its role in ensuring the production and enhancement of its conservation areas.
Resolved: The Cabinet adopts the Mayflower Conservation Area Appraisal.
225 Wigan Town Centre Conservation Area Appraisal: The Cabinet considered a report of the Executive Director Environmental Services, which informed Members of the responses to the consultation exercise on the preparation of a character appraisal for Wigan Town Centre Conservation Area.
The Wigan Town Centre Conservation Area was primarily commercial in nature with some office space located throughout the area along with a small number of residential properties. Many notable and historic buildings were contained within the Conservation Area. Several of the buildings in the area were also important civic buildings of their day and include the original town hall, the existing town hall and the county court buildings.
As part of the appraisal process, it was proposed to extend the boundary of the conservation area in several places. The north east side of Mesnes Street (no’s 1 to 33 odds) with Mesnes Terrace was deemed to be of historic significance, and known as Market Buildings. Many of the shops provided good examples of traditional shop fronts and the upper floors retained their original features, all of which provide architectural interest.
Wigan North Western train station had also been identified as an important building/site. This station, along with Wallgate, was a major gateway into the conservation area and the town centre. It was therefore important that any proposed development in this area was carefully observed to ensure that it did not harm the character or appearance of the Conservation Area or the cluster of listed buildings nearby.
The report had been considered by the Economy, Environment, Culture and Housing Scrutiny Committee (minute 56 refers).
Members asked various questions and received responses from the Officers.
Members requested a map of the area prior to a final decision being made.
The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure that the Council fulfilled its role in ensuring the production and enhancement of its conservation areas.
Resolved: The Cabinet;-
- agrees that following receipt of the map by Members and subsequent comments being collated, authority be delegated to the Chief Executive in consultation with the Executive Leader and Deputy Leader to adopt the Wigan Town Centre Conservation Area Appraisal.
- approves that subject to the outcome of (1) above, the extension of the current boundary of the Conservation Area to include buildings to the north east side of Mesnes Park (numbers 1 to 33 Mesnes Street – odds) and Wigan North Western Station on Wallgate.
226 Annual report of the Standards Committee: The Cabinet considered the first annual report of the Standards Committee, which was presented by the Service Director – Borough Solicitor.
It was intended that the annual report would be submitted to the Council to review the activities of the Committee over the previous 12 months and its planned activities for the next 12 months. As this was the first annual report, it was considered appropriate to consider the overall role of the Committee, in particular, the operation of the procedures established in May 2008 concerning the management of the local assessment of complaints.
The Cabinet was advised that there had been a substantial reduction in the complaints received in the year 2008/2009 even though there was publicity given in relation to the new local assessment process. While this last year had seen a slight increase on those numbers the number of complaints pursued by a member against another member had not increased.
The report went on to explain that Standards for England had developed indicators from which a Standards Committee could assess how well it was functioning within a local authority. Details of how well Wigan Council’s Standards Committee was performing against each indicator was presented to the Cabinet.
The report had been considered by the Standards Committee (minute 51 refers) and would also be considered by Council on 28 April 2010.
Members asked various questions and received responses from the Officers.
A Member referred to the extension of the Township Model and asked whether the members of Township Forums would be covered by the Standards Board. The Service Director confirmed that the Township Forums had their own Terms of Reference, which would not be bound by the Standards Board.
The Member also referred to cases where a special responsibility allowance was paid to a Member and asked that if the duties were not carried out whether appropriate action could be taken. Concerns were expressed that Members were often not advised of a complaint against them until a later stage in the process and that they may first learn about this in the local press and a suggestion was made that persons making a complaint should be required to respect confidentiality until a decision had been made about the case in question.
There were no alternative options to be considered.
Resolved: The Cabinet;-
- notes the contents of the report, which had been approved by the Standards Committee; and
- requests the Service Director – Borough Solicitor to investigate the issues now referred to.
227 Adult Services Budget monitoring 2009/10: Adult Services Budget monitoring 2009/10: The Cabinet considered a report of the Executive Director of Health and Well being on the budget monitoring position for Adult Services after the first 11 months of 2009/10. The report also sought comments on the budgetary issues that need to be addressed during the year.
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 now submitted for monitoring purposes.
228 Feedback from Scrutiny Committees (if any): There was none.
229 BSF Programme Risk Management: The Cabinet considered a report of the Executive Director of Children and Young People’s Services, Nick Hudson, which highlighted the risks to the Building Schools for the Future programme and to provide mitigation strategies to reduce or eliminate the risks.
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:-
- delegates authority to the Service Director – Wigan Schools for the Future to provide, as judged appropriate, a stage one instruction to the Local Education Partnership (LEP) for each of the projects within the BSF phase 1 to maintain the progress of the BSF programme at the desired pace, but instructions be given at such time as to minimise the risk to the Council and within the cost set out in the appendix to the report;
- agrees to separate the Lowton and Golborne new building project from the other projects within the outline business case;
- approves the time to resolve site matters relating to the Lowton and Golborne High Schools closure and the formation of the new school as specified in the report of 18 April to be extended from 31 May to 31 July 2010.
- authorises that the original options appraisal for the location of the new Lowton and Golborne School be revisited, and in the event that the outcome of this reappraisal be required, that a recommendation be brought to Cabinet at the earliest opportunity.
(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. 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.)
230 Affordable Housing Delivery Update: The Cabinet considered a report, which was presented by the Head of Housing and Community Regeneration, Peter Layland, which updated Members on the progress on the delivery of affordable housing schemes in 2009/10 and seeking approval of the bids submitted for the Housing and Communities Agency (HCA) – National Affordable Housing Programme funding in 2010/11.
The report set out details of the alternative option. The reason for selecting the one recommended was to submit the relevant bids.
Members asked a number of questions and commented on the various aspects of the report.
Concern was expressed at the poor standard of some of the properties which were owned by private landlords and the Head of Housing and Community Regeneration reported that in future there would be further pressure on private landlords to maintain their properties to a certain standard with financial incentives to be gained.
Resolved: The Cabinet:-
- notes the good progress in delivering previously approved schemes, specifically the appointment of SDA Consulting as the Employers Agent for The Orchards; and :
- approves the bids for submission for 2010/11.
(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.)
231 Vote of thanks: Resolved: The best thanks of this Cabinet are extended to the Executive Leader and the Officers for the excellent services rendered by them during the past Municipal Year.