Shrewsbury & Atcham
Borough Council

CABINET

27^th June 2005

PRESENT: Councillor Nutting (Leader)

Councillors Armstrong, Bebb, Cooke, Mrs Holyoak, Mrs Jones, Owen, Price and Mrs Williams.

Non-Cabinet members in attendance: Councillors Adams, Mrs Allaway, Bushell, Mrs Chaplin, Mrs Chebsey, Clarke, Evans, Freestone, Kenny, Moore, Townsend, Ms Wild and J M Williams

Officers in attendance: Chief Executive, Director of Community Services, Director of Development Services, Head of Finance, Assistant Chief Executive (Monitoring Officer) and Democratic Services Officer

MINUTES: 25^th May 2005 - confirmed.

APOLOGIES FOR ABSENCE: Councillor Roberts

COUNCILLOR REG JONES: The Leader reported with sadness on the death that afternoon of Councillor R Jones. Members and officers stood in silence for a minute in respect of his memory.

DECLARATIONS OF INTEREST AND DISPENSATIONS GRANTED BY THE STANDARDS COMMITTEE: The following members declared their personal interest or personal and prejudicial interest in the items shown below:

Member and Decision Number and Matter

Councillor Mrs Allaway 

Minute 110/05 – Civil Contingency Act – Personal interest as a County Councillor.

Minute 115/05 – Park and Ride Service – Personal interest as a County Councillor.

Councillor Armstrong

Minute 111/05 – Motion Received on Notice – Sheltered Schemes – Personal and prejudicial interest due to having been appointed at Annual Council to serve as one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Minute 112/05 – Interim Affordable Housing Policies – Personal and prejudicial interest due to having been appointed at Annual Council to serve as one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Minute 113/05 – Estate Warden Schemes – Personal and prejudicial interest due to having been appointed at Annual Council to serve as one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Councillor Mrs Chebsey

 Minute 110/05 – Civil Contingency Act – Personal interest as a County Councillor.

Minute 115/05 – Park and Ride Service – Personal interest as a County Councillor.

Councillor Clarke

 Minute 110/05 – Civil Contingency Act – Personal interest as a County Councillor.

Minute 115/05 – Park and Ride Service – Personal interest as a County Councillor.

Councillor Mrs Holyoak

Minute 110/05 – Civil Contingency Act – Personal interest as a County Councillor.

Minute 111/05 – Motion Received on Notice – Sheltered Schemes – Personal and prejudicial interest due to being one of the Council's five representatives on Severnside Housing Association. She left the room during the consideration of, and voting, on this item.

Minute 112/05 – Interim Affordable Housing Policies – Personal and prejudicial interest due to being one of the Council's five representatives on Severnside Housing Association. She left the room during the consideration of, and voting, on this item.

Minute 113/05 – Estate Warden Schemes – Personal and prejudicial interest due to being one of the Council's five representatives on Severnside Housing Association. She left the room during the consideration of, and voting, on this item.

Minute 115/05 – Park and Ride Service – Personal interest as a

County Councillor.

Councillor Evans

Minute 110/05 – Civil Contingency Act – Personal interest as a County Councillor.

Minute 111/05 – Motion Received on Notice – Sheltered Schemes – Personal and prejudicial interest due to being one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Minute 112/05 – Interim Affordable Housing Policies – Personal and prejudicial interest due to being one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Minute 113/05 – Estate Warden Schemes – Personal and prejudicial interest due to being one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Minute 115/05 – Park and Ride Service – Personal interest as a

County Councillor.

Councillor Kenny

 Minute 110/05 – Civil Contingency Act – Personal interest as a County Councillor.

Minute 114/05 – Public Convenience Provision in Shrewsbury – Personal and prejudicial interest as a member of the Abbey Church PCC and Abbey Foregate Improvement Group.

Minute 115/05 – Park and Ride Service – Personal interest as a County Councillor.

Councillor Nutting

 Minute 110/05 – Civil Contingency Act – Personal interest as a County Councillor.

Minute 111/05 – Motion Received on Notice – Sheltered Schemes – Personal and prejudicial interest due to having been appointed at Annual Council to serve as one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Minute 112/05 – Interim Affordable Housing Policies – Personal and prejudicial interest due to having been appointed at Annual Council to serve as one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Minute 113/05 – Estate Warden Schemes – Personal and prejudicial interest due to having been appointed at Annual Council to serve as one of the Council's five representatives on Severnside Housing Association. He left the room during the consideration of, and voting, on this item.

Minute 115/05 – Park and Ride Service – Personal interest as a County Councillor.

Councillor Owen

 Minute 110/05 – Civil Contingency Act – Personal interest as a County Councillor.

Minute 115/05 – Park and Ride Service – Personal interest as a County Councillor.

Councillor J M Williams

Minute 114/05 – Public Convenience Provision in Shrewsbury – Personal interest as a member of the Abbey Foregate Improvement Group.

Minute 117/05 – West End Urban Design and Transportation Study Development Brief – Personal interest as a member of the West End Regeneration Group.

MATTERS/REPORTS FROM THE COUNCIL/OVERVIEW AND SCRUTINY COMMITTEES

110/05 CIVIL CONTINGENCY ACT

Consideration was given to the following recommendations of the Scrutiny Committee held on 23^rd June 2005:

(a)  That the firm footing being developed for robust contingency arrangements in Shropshire and the establishment of a West Mercia Local Resilience Forum be noted.

(b)  That this Council's engagement in the Shropshire Emergency Planning Partnership to deliver the duties required by the Civil Contingencies Act, with a £11,500 contribution to the Partnership to fund the work programme as detailed in the Service Level Agreement be, approved.

Options considered:

(a)  To approve the recommendations of the Scrutiny Committee with or without amendments.

(b)  To approve the recommendations of the Scrutiny Committee subject to the Director of Development Services being authorised to make minor variations to the Service Level Agreement in the interests of the Council.

(c)  To nominate a member to represent the Council and/or district councils on the Partnership and in discussions generally on the issue.

(d)  To reject the recommendations of the Scrutiny Committee.

(e)  To take no action in respect of the recommendations.

DECISION:

(a)  That the firm footing being developed for robust contingency arrangements in Shropshire and the establishment of a West Mercia Local Resilience Forum be noted.

(b)  That this Council's engagement in the Shropshire Emergency Planning Partnership to deliver the duties required by the Civil Contingencies Act, with a £11,500 contribution to the Partnership to fund the work programme as detailed in the Service Level Agreement be, approved.

(c)  That the Director of Development Services be authorised to make any minor variations to the Service Level Agreement referred to in recommendation (b) above in the interests of the Council.

(d)  That Councillor Cooke be nominated to serve either as the Borough Council's representative or the district councils representative on the Partnership and in discussions generally on the issue.

Reason:

(a)  Engaging in the Shropshire Emergency Planning Partnership was considered to provide the Council with the best value for money in delivering the duties required by the Civil Contingencies Act.

(b)  To take steps to ensure a Borough Council member was involved in discussions on the issue

(In the absence of the Leader and Deputy Leader, Councillor Mrs Williams was appointed as Chairman for the consideration of, and voting on, the matters referred to in Minutes 111/05 (Motion Received on Notice – Sheltered Schemes), 112/05 (Interim Affordable Housing Policies) and 113/05 (Estate Warden Schemes).)

111/05 MOTION RECEIVED ON NOTICE – SHELTERED SCHEMES

(At the invitation of Council on 25^th April 2005, Councillors Mrs Allaway and J M Williams spoke on this item. Councillors Clarke, Kenny and Moore also spoke on this item.)

Consideration was given to the following motion that had been referred by Council on 25^th April 2005 to Cabinet for consideration:

"Given the demographic make up of residents within the boundary of Shrewsbury and Atcham, this Council recognises that the demand for appropriate accommodation to meet the requirements of those reaching retirement age will impact considerably on existing sheltered schemes.

In order to redress this imbalance this Council pledges to make available £5 million from monies received following the transfer of the Housing Stock (not to be taken from the £10 million set aside for affordable housing) within the next two years to assist with schemes specifically designed as sheltered schemes.

The Chief Executive is therefore instructed to promote the availability of such monies to known providers and invite expressions of interest as to how such providers would maximise such funding to provide sheltered housing schemes."

Options considered:

(a)  To approve the motion with or without amendments.

(b)  To not pursue the motion.

(c)  To take no action in respect of the motion.

DECISION:

That the motion not be pursued at this time.

Reasons:

(a)  The motion was contrary to the Supporting People 5-Year Strategy recently approved by the Council.

(b)  The motion was contrary to Council's decision in February 2005 that no new capital projects be approved until the tendered costs of the Livestock Market and the New Entertainment Venue were determined, except in cases of emergency/public safety/investment purposes and protection.

MATTERS TO BE RECOMMENDED TO COUNCIL

112/05 INTERIM AFFORDABLE HOUSING POLICIES

(Councillor Kenny and J M Williams spoke on this item.)

Consideration was given to a report of the Planning Services Manager on proposed interim affordable housing policies following consideration of responses received to consultations on draft policies and other information.

Options considered:

(a)  To recommend Council to adopt the Interim Affordable Housing Policies as set out in the published consultation draft with no amendments.

(b)  To recommend Council to adopt the Interim Affordable Housing Policies with amendments to the reasoned justifications regarding information on the mix of affordable housing, the cascade approach and the calculation of affordability.

DECISION:

That Council be recommended to adopt the Interim Affordable Housing Policies as set out in the published consultation draft, subject to the following amendments:

(a)  Inclusion of reference in the reasoned justifications of Amended HS7 and HS8 regarding the mix of affordable housing to be sought on schemes, stating that the Council will seek a mix of affordable housing to meet identified needs, based on the most up to date information available for the area concerned, and that guidance on this will be published in the Council's Annual Housing Strategy Statement.

(b)  Addition of a further tier to the cascade approach set out in paragraph 3.85 of the reasoned justification:

"(iv) Persons who are resident elsewhere and have a strong local connection with the Borough by birth or upbringing or current/proposed employment or previous period of residence".

(c)  Amendment of paragraph 3.87 to clarify that the cascade tiers are (i) resident in Shrewsbury Urban Area and having a strong local connection with Shrewsbury Urban Area; (ii) resident in the Borough and having a strong local connection with the Borough; and (iii) resident elsewhere and having a strong local connection with the Borough.

(d)  Amendment of paragraph 3.85 (b) to state that the calculation of affordability will be based on the average gross weekly earnings figure for Shropshire, frozen at 2004 levels until matched and then replaced by the median gross weekly earnings figure.

Reason:

To bring forward amended affordable housing policies ahead of the preparation of the Development Plan Documents of the Borough Local Development Framework, having regard to comments made on the published consultation draft and other information, in order to enable the Council, as soon as possible, to secure a greater contribution through the planning system to meeting the affordable housing needs of the Borough.

MATTERS TO BE RESOLVED AND IMPLEMENTED SUBJECT TO ANY CALL-IN

113/05 ESTATE WARDEN SCHEMES

(Councillor Bushell spoke on this item.)

Members were reminded that at Council on 25^th April 2005 a motion was approved in relation to Estate Warden Schemes namely:

"Following the success of the Estate Warden Scheme in the Harlescott area, this Council pledges to match fund not only the Harlescott scheme, but gives commitment to joint fund any extension of the scheme into other areas of the town.

The Chief Executive is instructed to initiate talks between the Borough Council and Severnside Housing with the intention to expand the scheme to other areas in 2006/2007."

Cabinet was advised that a report on the issue (including financial implications) was therefore due to be submitted to Cabinet in the near future.

In addition Cabinet was advised that a member has requested them to consider the possibility of a seminar being held with representatives of the Police Authority to discuss enforcement issues. He also suggested that the role of the Council's enforcement officers (including the Byelaws Officers) be reviewed.

Options considered:

(a)  To recommend to Council that a supplementary estimate be approved to enable the estate warden scheme to continue in Harlescott.

(b)  To request a comprehensive report on estate wardens and all areas of enforcement within the Council be submitted to the next meeting of Cabinet in September.

Officer Recommendation:

That a comprehensive report on the Estate Wardens and all areas of enforcement within the Council be submitted to the next meeting of Cabinet in September.

Reason:

Estate warden schemes and enforcement services were inter-related and consideration of a comprehensive report thereon would enable members to be fully informed on the overall matter prior to making any decision thereon.

MATTERS TO BE RESOLVED AND IMPLEMENTED SUBJECT TO ANY CALL-IN

114/05 PUBLIC CONVENIENCE PROVISION IN SHREWSBURY

(Councillor J M Williams spoke on this item.)

Further to Minute 221/04 consideration was given to a report of the Director of Community Services on the responses received to the additional consultations carried out into the provision of public conveniences in Shrewsbury.

Options considered:

(a)  Whether to close, sell and demolish the St Michael's Street toilets with the savings being accrued or transferred to the recycling budget.

(b)  Whether to retain the Weir toilets as at present subject to their updating to DDA requirements.

(c)  Whether to submit a further report to Cabinet itemising the financial consequences in capital and revenue terms of adopting the recommendations of the Working Group compared to the implementation of the decisions made in November 2004.

(d)  Whether to pursue the interest in purchase of the Abbey Foregate toilets in advance of the provision of new toilets in the Abbey Foregate area.

DECISION:

(a)  That St Michael's Street toilets be closed immediately, sold or demolished as appropriate and the savings accrued be transferred to the recycling budget of Public Amenities as per 2005/2006 revenue estimates.

(b)  That the Weir toilets be retained as at present, updated to conform to DDA requirements and any parties interested in the purchase of this property be informed of this decision.

(c)  That a further report be made to Cabinet itemising the financial consequences in both capital and revenue terms of adopting the recommendations of the Working Group compared to the implementation of the current decisions made at Cabinet in November 2004.

(d)  That the present toilets in Abbey Foregate be marketed and the monies received be ring fenced towards the provision of new toilets in the Abbey Foregate area.

Reasons:

(a) The closure and possible sale of the St Michael Street toilets was in accordance with Cabinet's decision in November 2004 in light of the facility not being required by St Michael's bowling club and the transfer of savings as per the revenue budget.

(b) It was a more economic option to retain the Weir toilets and upgrade them to DDA requirements then to provide a self-cleansing unit.

(c) To enable members be fully informed about the financial consequences prior to progressing further the implementation of a Public Conveniences Strategy for Shrewsbury.

115/05 PARK AND RIDE SERVICE

(Councillor Ms Wild spoke on this item.)

Consideration was given to a report of the Engineering Services Manager on the tenders received for the operation of the Park and Ride Service for the period November 2005 through to November 2010.

Options considered:

To approve or not approve the recommendations in the report.

DECISION:

(a)  That, subject to the availability of private sector funding the Council supports Option F as described in Appendix A with Option D as the fallback position should the private sector contributions not be available.

(b)  That, subject to the annual budget process, the Council makes available a contribution of £105,000 p.a. for Park and Ride for four further years beyond 2005/06.

(c)  That the Head of Finance be authorised to establish a Park and Ride Reserve Fund in which any annual surplus would be invested and managed over the 5 year period to maintain the annual contribution at £105,000.

Reason:

(a)  There were a number of pressures on the service, including cost, number of buses through town centre, and air quality issues. The proposals were designed to meet these pressures.

(b)  The financial arrangements provided a sound basis for planning service delivery over a 5 year period.

116/05 STATEMENT OF COMMUNITY INVOLVEMENT

Consideration was given to a report of the Planning Services Manager on the responses received on the draft Statement of Community Involvement.

Options considered:

(a)  To recommend to Council that the draft Statement of Community Involvement be submitted without further amendment.

(b)  To recommend to Council that the draft Statement of Community Involvement be submitted subject to any recommended changes outlined in the officers responses set out in Annex A to the report.

DECISION:

That it be recommended to Council that the draft Statement of Community Involvement be approved subject to the amendments outlined in the officer responses in Annex A and formally submitted to the Secretary of State.

Reasons:

To meet the agreed targets set out in the Local Development Scheme for the submission of the Statement of Community Involvement.

117/05 WEST END URBAN DESIGN AND TRANSPORTATION STUDY DEVELOPMENT BRIEF

Consideration was given to a report of the Planning Services Manager on the responses received during the consultation into the West End Urban Design and Transportation Study Development Brief.

Options considered:

(a)  To not progress with a development brief for the West End.

(b)  To use the consultation responses as a guide to establishing development principles for the West End Urban Design and Transportation Study Brief.

DECISION:

That a definitive scheme be worked up for a future meeting of Cabinet based upon the development principles outlined in Annex A to the report of the Planning Services Manager.

Reason:

To progress the Urban Design and Transportation Strategy for the West End and to provide a planning framework for the Council's land holdings.

118/05 NORTH WEST RELIEF ROAD

(Councillors Adams, Kenny and J M Williams spoke on this item.)

Consideration was given to a report of the Planning Services Manager seeking the Cabinet's views on the consultation being carried out on the North West Relief Road.

Options considered:

(a)  To not support the North West Relief Road.

(b)  To support all of the North West Relief Road options.

(c)  To support the North West Relief Road route options with the exception of the "blue" and "red" (option two) routes.

DECISION:

(a)  That Shropshire County Council be advised of the Borough Council's continued support for the construction of a North West Relief Road for Shrewsbury.

(b)  That the Shropshire County Council be advised of the Borough Council's support for all of the route options with the exception of the "blue" and "red" (option two) routes.

(c)  That the County Council be requested to work closely with the Environment Agency to establish the feasibility of combining the construction of the North West Relief Road with a Wet Washland barrage.

(d)  That the road scheme be developed as part of an integrated approach with improved the public transport/cycling/network particularly in the town centre.

Reason:

To address transport and accessibility issues in Shrewsbury in a co-ordinated and sustainable manner for the benefit of residents, visitors and the business community.

119/05 DRAFT PROVISIONAL LOCAL TRANSPORT PLAN 2006 – 2011

(Councillor J M Williams spoke on this item.)

Consideration was given to a report of the Planning Services Manager on the draft Provisional Shropshire Local Transport Plan 2006 – 2011 prepared by the County Council.

Options considered:

(a)  To support and accept the draft Local Transport Plan 2006 – 2011 as annexed to the report.

(b)  To submit comments to the County Council on the draft Local Transport Plan 2006 – 2011.

DECISION:

That the draft Provisional Local Transport Plan be supported, in light of its approach to improving transport provision in the County subject to the following:

(a)  That the Local Transport Plan includes reference to the need for private sector contributions to the funding of the deficit of the Park and Ride service.

(b)  That the Local Planning Authority be encouraged to require contributions through Section 106 agreements for relevant development within the town centre that generates additional vehicle movements.

(c)  That it be brought to the attention of the Department for Transport through the Local Transport Plan, the value of financial contributions by district councils and others to the provision of transport initiatives such as the Borough Council's contribution to Park and Ride (£105,000 annually) and Concessionary Travel (£535,000 in 2005/2006).

(d)  That the Council expresses concern at the rural roads and transport systems and seeks investment to bring forward improvements.

Reason:

To ensure that the Council's views were taken into account in the County Council's review of local transport policies and the programme of local transport improvements.

120/05 HEALTH AND SAFETY LAW ENFORCEMENT SERVICE PLAN 2005/2006

Consideration was given to a report of the Environmental Health Manager seeking approval for the Health and Safety Law Enforcement Service Plan 2005/2006.

Options considered:

To approve or not approve the Health and Safety Law Enforcement Service Plan 2005/2006.

DECISION:

That the Health and Safety Law Enforcement Service Plan 2005/2006 annexed to the report of the Environmental Health Manager be adopted.

Reason:

The Health and Safety Law Enforcement Service Plan 2005/2006 was specifically required by the guidance issued under Section 18 of the Health and Safety at Work etc Act 1974.

121/05 CHRISTMAS LIGHTS AND SWITCH ON EVENT

Further to Minute 105/05 consideration was given to a report of the Destination Shrewsbury Manager on the specification for Destination Shrewsbury in relation to the Christmas lights. A supplementary paper containing detailed information on the Christmas lights and switch on event was circulated at the meeting. (See Minute 123/05 below.)

Options considered:

(a)  To accept or not accept the more detailed specification.

(b)  To accept the more detailed specification subject to a report being submitted to the next meeting on the possible relocation of the Nativity scene from St Mary's Church to The Square.

DECISION:

That subject to a report being submitted to the next meeting on the possible relocation of the Nativity scene from St Mary's Church to The Square, the more detailed specification for Christmas Lights as an output for Destination Shrewsbury as set out in the report of the Destination Shrewsbury Manager be accepted.

Reason:

(a) To finalise the output for Destination Shrewsbury for 2005/2006.

(b) To enable members to be fully informed prior to determining whether to relocate the nativity scene.

122/05 BIG ISSUES

Consideration was given to a report by the Chief Executive aimed at informing members of the Cabinet on progress made in relation to the Big Issues affecting the Council.

Options considered:

(a)  To note the report.

(b)  To make any recommendations on the Big Issues affecting the Council.

DECISION:

That the report of the Chief Executive be noted.

Reason:

It was an information report aimed at informing the members of Cabinet on progress.

ITEM RAISED BY MEMBER

123/05 FUTURE USE OF THE SQUARE

Further to Minute 121/05 a member referred to the general use being made of The Square and sought member' views on increased member participation in the management of the area. He suggested that the former working group for The Square be reconvened to look into the matter, including concerns expressed about vehicles parking in the area.

Options considered:

(a) To agree in principle to the Quarry Management Advisory Group being given responsibility for The Square with a detailed report setting out its terms of reference etc being submitted to the next meeting of Cabinet for consideration.

(b) To take no action.

DECISION:

That the principle of the Quarry Management Advisory Group being given responsibility for The Square be approved and a detailed report be submitted to the next meeting of Cabinet setting out proposed terms of reference etc.

Reason:

To enable members to be fully informed prior to making a final decision on the issue of responsibility and member involvement in the management of The Square.

124/05 HEALTHY LIVING CENTRE – PONTESBURY

(The Leader indicated that at the request of Councillor Bebb, he had agreed that this item should be considered as a matter of urgency in view of the confusion that had arisen about the submission of an application and the need to act quickly to secure seed corn funding to progress the development of the Healthy Living Centre.)

Consideration was given to a report of the Director of Community Services seeking approval for the virement of £3,300 from underspends in the Community Schemes/Community Initiative Projects towards assisting with the cost of preliminary works to progress the development of a Healthy Living Centre in Pontesbury.

Options considered:

(a)  Not to help "seed corn" grant aid to progress the initiative to Lottery application etc.

(b)  To help finance base work to allow external funding applications to progress the initiative on the basis that no monies were included in the Council's budget for the major capital project and would unlikely to be in the near future.

DECISION:

(a)  That the sum of £3,300 be offered to the "Rea Valley Initiative" to help progress applications to external funding bodies with a view to providing a Health Living Centre.

(b)  That the sum referred to in (a) above be vired from underspends on the approved projects as follows:

Hanwood Village Hall £1,300

The Mens Night Shelter £1,000

Support for Community Centres £1,000

Reason:

To help progress the Rea Valley Community Initiative within current budgets.

 

6.30 p.m. – 9.00 p.m.

DATE OF PUBLICATION: 30^th June 2005

DEADLINE FOR CALL-IN: 4^th July 2005