Agenda and minutes
Venue: Committee Room 1 - Wallasey Town Hall
Apologies for Absence
Apologies for absence were received from Councillor Phil Davies.
Members' Code of Conduct - Declarations of Interest
Members of the Cabinet are asked to consider whether they have any disclosable pecuniary and/or any other relevant interest, in connection with any item(s) on this agenda and, if so, to declare them and state the nature of the interest.
No declarations of interest were received.
The minutes of the last meeting have been printed and published. Any matters called in will be reported at the meeting.
RECOMMENDATION: That the minutes be approved and adopted.
That the Minutes of the meeting of the Cabinet held on 3 October 2016 be confirmed as a correct record.
Executive Key Decisions Taken Under Delegated Powers
Key Decisions – taken under delegated powers. Period 23 September, 2016 (date of publication of last agenda) to date.
· Leader of the Council
Wirral Business Support
Effective from 22 October, 2016
· Cabinet Member for Transport and Infrastructure
Award of Contract for Arboriculture Services – Tree Maintenance
Call-in expires on 31 October, 2016.
That the following Key Decisions that had been taken under delegated powers during the period 23 September (date of publication of last ordinary Cabinet agenda) to 31 October be noted:
· Leader of the Council: Wirral Business Support
Effective from 22 October 2016.
· Cabinet Member for Transport and Infrastructure: Award of Contract for Arboriculture Services – Tree Maintenance
Call-in expires on 31 October 2016
The Cabinet had regard to a report which informed that at its meeting on the 23rd June 2015, the Policy and Performance Co-ordinating Committee had agreed to undertake a scrutiny review into the potential for developing a Cumulative Impact Policy. This was due to concerns raised about negative public health and public order impacts in localities with high concentrations of off-licences and fast food outlets.
The scope of the work was widened during the review process to incorporate other powers and approaches at the Council’s disposal to mitigate the harmful impacts of over-concentration of these premises. Members were keen to establish what powers and tools were at the Council’s disposal and to what extent these are being fully realised.
On 8 September 2016, a report on the findings of the review had been presented to the People Overview and Scrutiny Committee. The Committee had endorsed the findings and recommendations set out in the report and had referred them to the Cabinet for approval. The report of the Scrutiny Review Panel was attached as Appendix 1 to the report.
The report outlined the actions being undertaken in response to the Scrutiny Review. These were attached as Appendix 2 to the report.
The Cabinet noted that the report linked to the Wirral Plan Pledge to support Wirral residents to lead healthier lives and supported the actions that were being developed to deliver that pledge.
Councillor Moira McLaughlin was in attendance at the meeting and informed that the Scrutiny Review Panel’s report was the result of the work of a Task and Finish Panel that had been initiated following discussion at a meeting of the former Policy and Performance Co-ordinating Committee during which Councillor Paul Hayes made the observation that Wirral had a problem both in terms of public health and with crime and disorder related to excessive alcohol consumption and the question was asked – are the existing policies to help reduce the impact of this sufficiently robust and if they are, are they applied rigorously enough.
The Task and Finish Group had been established to address that. The objectives had been to understand the profile for Wirral of the prevalence and density of licensed premises, to understand the impact of excessive use of alcohol on the health of people living in Wirral and to examine the powers, policies and initiatives available to the Council to mitigate against the negative impact of high levels of alcohol consumption.
Councillor McLaughlin informed that over the period of time that evidence was gathered, the Panel had heard from officers from Planning, Licensing, the Police ... view the full minutes text for item 54.
Councillor George Davies introduced a report, in Councillor Phil Davies’ absence that informed that following the selection of the Nicklaus Joint Venture Group (NJVG) as the Council’s Preferred Development Partner, detailed discussions had taken place to conclude a Development Agreement to take the Hoylake Golf Resort project forward to the Funding and Viability stage.
The report provided an update for Members on progress, outlined an indicative timetable for moving forward and sought approval to sign the Framework Development Agreement and formally close the Competitive Dialogue Procurement process. It also requested approval of an additional fee and works budget of £595,969 to allow essential expertise to be retained to advise the Council on a range of commercial, technical and legal aspects of the proposed development. The previous fee budget of £237,000 had been expended. Members noted that it was also necessary to undertake geotechnical investigations of the Council’s owned former landfill site at Greenbank Road to ensure that it could be safely used as a golf course. The total cost of these investigations, including specialist supervision and the ground work itself, was £252,469 and was included in the total reported above (£565,969). Members were asked to endorse the Council entering into the Framework Development Agreement (FDA). The signing of the Agreement would allow the NJVG to work up a comprehensive Funding Strategy for future Council approval that it was envisaged would trigger the preparation of a full planning application.
The Hoylake Golf Resort project supported the business category of the 2020 pledges and, in particular, the priority to create a vibrant tourism economy. It also linked to the Council’s priorities to increase inward investment and create greater job opportunities in Wirral. The report was of greatest relevance to the Hoylake and Meols Ward but it was noted that the wider economic impacts would have implications for all wards.
Further detail of the Framework Development Agreement provisions was appended to the report together with an assessment of the implications of signing the FDA and the protection measures in place to protect the Council. This appendix was exempt from publication under Schedule 12A of the Local Government Act 1972 due to the commercial sensitivities of that information. (Minute No. 61 ... view the full minutes text for item 55.
Councillor Ann McLachlan introduced a report that confirmed the process behind the annual update to the Council’s Corporate Risk Management Policy (which was appended) and set out the factors that had influenced its development, in particular, the application of risk management to support the delivery of Wirral Plan strategies. The Policy had been approved by Audit and Risk Management Committee on 25 September 2016. In accordance with Cabinet’s ultimate responsibility for corporate governance, the Cabinet was invited to consider and formally adopt the Policy on behalf of the Council.
Councillor McLachlan commended the Officers who had been involved with this very good piece of work. The refreshed Risk Management Policy had been developed to re-align with the Council’s 2020 vision and 20 Pledges and reflected the new partnership working arrangements.
Councillor McLachlan drew attention to the Action Plan and informed that the review had linked the Risk Management Policy into the culture of the Council. There was still a lot of work to do going forward and it would help with the Council’s new and different ways of working i.e. the Council’s commercial and business approach to becoming risk aware and not risk averse.
That the revised Corporate Risk Management Policy be formally adopted.
At the meeting of the Council held on 17 October 2016 (minute 67 refers), the attached Notice of Motion proposed by Councillor Stuart Kelly and seconded by Councillor Dave Mitchell was referred by the Mayor to the Cabinet for consideration.
In accordance with Standing Order 7 (6), Councillor Kelly has been invited to attend the meeting in order for him to be given an opportunity to explain the Motion.
At the meeting of the Council held on 17 October 2016 (Minute No. 67 refers), the following Notice of Motion which had been proposed by Councillor Stuart Kelly and seconded by Councillor Dave Mitchell was referred by the Mayor to the Cabinet for consideration:
(1) The Cabinet’s consultation proposals to potentially change Wirral’s residual (green bin) collections by introducing three weekly collections or by reducing the size of the bin from 240ltr to 140ltr at a cost of £1.5 million.
(2) The proposed food collection is intended to divert 10% of the volume of residual waste but that the reduction in capacity for residents will be up to 41%; Council believes this difference will be difficult for families to manage and could result in increased fly-tipping.
(3) The residual waste stream will no longer be sent to landfill and will no longer attract landfill taxes and that the waste will instead be used to generate electricity at the Teesside plant.
(i). That funding from the Waste Development Fund should be used to improve the sorting facilities at the Bidston MRF, enabling the full range of plastics to be recovered and that strenuous efforts should be made to develop markets for the materials obtained.
(ii). Any changes to current residual green bin collections are unnecessary and wasteful and calls upon Cabinet to work with, rather than against, householders in increasing recycling yields.’
In accordance with Standing Order 7 (6), Councillor Kelly had been invited to the meeting and was in attendance in order to explain the Motion.
Councillor Kelly made representations informing that he considered that the options had been flawed and requested that the Cabinet take a step back at this stage and have a re-think. He set out his view on the benefits of removing food waste from the general waste. He was concerned about the proposed reduction in the green bin’s capacity and the implications including an increase in fly tipping. Councillor Kelly proposed that the Cabinet looked at how plastics could be collected and the possibility of working with Cheshire West and Chester Council on this.
Councillor Kelly considered that a change of approach was warranted he asked the Cabinet to work in co-operation with people rather than coercing them by reducing the capacity of their bins.
Councillor Bernie Mooney informed that clearly the Administration did not take decisions without thinking things through first. Everything was being done in a measured and considered way. The Cabinet had considered the impact of what had been proposed and a full business case was being prepared. The consultation responses were being worked through and there would be a complete overview and analysis of the comments received. The aim was to ensure that the entire project was designed to meet the needs of residents. There was also to be a review of recycling across the Liverpool City Region.
Councillor Kelly informed that he was grateful for the opportunity to make his case at this conjuncture, before the ... view the full minutes text for item 57.
Councillor Bernie Mooney introduced a report that provided the latest annual update on climate change activity in Wirral which had been requested by the Cabinet. The report provided an overview of the new UN Paris Agreement on Climate Change and introduced the Paris Pledge for Action – an initiative through which organisations could confirm their support for the new UN framework. It documented the activities of the Wirral Climate Group, introduced the Group’s second annual progress report on the Wirral climate change strategy 2014 - 19, and the latest version of the “rolling” action plan to advance the strategy’s implementation.
The Cabinet noted that climate strategy supported the delivery of 17 of the 20 pledges in the Wirral Plan.
Appended to the report was:
Appendix 1 The Paris Pledge for Action
Appendix 2 Wirral Climate Change Strategy 2014 – 2019 2nd Annual Progress Report July 2016
Appendix 3 Climate Change Strategy Action Plan, August 2016 version
Councillor Mooney informed that school children were being persuaded to look after their environment and a Wirral School had been nominated for a national award for the environmental work it carried out with its pupils.
Councillor George Davies proposed that the Climate Change Strategy and Action Plan be considered by the Cabinet on an annual basis so that Members could keep abreast of progress being made.
(1) the second annual progress report on the climate strategy and the latest version of the rolling action plan be noted, endorsed and used to fulfil the Council’s commitments to public reporting;
(2) Wirral Council will sign the Paris Pledge for Action in support of the UN Paris Agreement on Climate Change; and
(3) the Climate Change Strategy and Action Plan be presented to the Cabinet on an annual basis so that Members can be updated on progress.
Councillor Ann McLachlan introduced a report, which set out the findings of a scrutiny review that had been set up to review the Council’s IT disaster recovery arrangements. The review had been commissioned by the former Transformation and Resources Policy and Performance Committee and then approved and referred to the Cabinet by the Business Overview and Scrutiny Committee at its meeting on 12 July 2016. The report set out a series of recommendations that the Scrutiny Panel had put forward to help improve the Council’s response to disaster recovery.
The Cabinet noted that this work supported enabling project activities to support the delivery of the Wirral Plan.
Appended to the report were the Disaster Recovery Scrutiny Review Minute Extract, the report to the Business Overview and Scrutiny Committee on 12 July 2016 and the Scrutiny Review Report.
Councillor McLachlan informed that Councillor Adam Sykes, the Chair of the Scrutiny Review Panel, had been invited to this meeting to present the report but unfortunately had been unable to attend. Councillor McLachlan also informed that the Panel had carried out an excellent piece of task and finish work. It had been described as forward thinking and all of the recommendations set out in the Scrutiny Review Report had been accepted. The work to ensure the Council had a robust plan had been going on for some time. The key issue was continuity which involved well thought out and managed plans. As part of this there was a mammoth task of the upgrade to Office 365 and the moving of data into the Cloud. This would be done in chunks.
Councillor McLachlan commended and thanked all those Members and Officers who had been involved with this outstanding Report.
(1) the findings of the Report be endorsed and all the recommendations arising from this review be approved;
(2) the progress made since 2014 to address the historic weaknesses across the Wirral Council ICT estate and to improve the Council’s ability to cope with and recover from a variety of Business Continuity risks be noted; and
(3) a future report is brought back to Cabinet by the Chief Information Officer setting out how the Council is responding to this review and taking forward this work.
Exempt Information - Exclusion of the Press and Public
That, under section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined by paragraph 3 of Part I of Schedule 12A (as amended) to that Act in that it contains commercially sensitive information. The Public Interest test has been applied and favours exclusion.
Hoylake Golf Resort - EXEMPT APPENDICES
Appendices to agenda item 4
Exempt by virtue of paragraph 3 as they contain commercially sensitive information.
That the content of the exempt appendices (reference report Agenda Item No. 4 – Hoylake Golf Resort - Minute No. 55) be noted.