Leicestershire County Council:

Minutes for Cabinet meeting, Oct 6 2009, 2.00PM official page

Other committee documents for Leicestershire County Council :: Cabinet details

Venue: Sparkenhoe Committee Room, County Hall, Glenfield

Contact: Mrs L C Ross (Tel. 0116 305 6292)  Email: louise.ross@leics.gov.uk

Items No. Item

In Attendance

Dr. R. K. A. Feltham CC, Mr. S. J. Galton CC and Mr. Max Hunt CC.

 

59.

Minutes. PDF 97 KB

Minutes:

The minutes of the meeting held on 8 September 2009 were taken as read, confirmed and signed.

 

60.

Urgent Items.

Minutes:

There were no urgent items for consideration.

 

61.

Declarations of interest in respect of items on the agenda.

Minutes:

The Chairman invited members who wished to do so to declare any interest in respect of items on the agenda for the meeting.

 

Mr. D. R. Parsons CBE, CC, Prof. M. E. Preston CC, Mr. J. B. Rhodes CC, Mr. D. A. Sprason CC and Mr. E. F. White CC each declared a personal, non-prejudicial interest in item 4 of the agenda (East Midlands Regional Plan) as members of the East Midlands Regional Authority.

 

Mr. J. B. Rhodes also declared a personal, non-prejudicial interest in item 8 of the agenda (County Council office accommodation in proposed new building in Melton Mowbray) as a member of Melton Borough Council.

 

62.

East Midlands Regional Plan: Partial Review Options Consultation Paper. PDF 103 KB

Additional documents:

Minutes:

The Cabinet considered a report of the Chief Executive setting out the results of the assessment of the four Options for Growth published by the East Midlands Regional Assembly (EMRA) and the proposed comments of the County Council on the East Midlands Regional Plan Partial Review consultation.  A copy of the report, marked 'B', is filed with these minutes.

 

RESOLVED:

 

(a)          That the East Midlands Regional Assembly be informed:

 

(i)         That the County Council continues to seek a deferral of the review of the housing aspects of the Regional Plan given current economic and housing market uncertainty and the limited availability of data and evidence relating to the impact of the economic downturn on the future requirement for new homes;

 

(ii)        That as a Section 4(4) Authority, the County Council will need to take full and proper account of responses made to the Options Consultation Paper by key stakeholders, but that the timetable requiring Section 4(4) Authorities to submit advice by the 31st December 2009 will be insufficient to allow for full and proper consideration of responses from key stakeholders and the subsequent preparation of advice based on firm and robust evidence;

 

(b)       That the assessment of the four Options for Growth published by EMRA, contained within Appendix 1 on the report, be noted and submitted to EMRA;

 

(c)        That EMRA be informed that in the absence of an alternative proposal for a new settlement and given the compelling evidence against, and the Government’s rejection of, Pennbury as a suitable location, Option 4 should be rejected at this stage;

 

(d)       That the comments on the Partial Review consultation questions set out in Appendix 2 be approved and submitted to EMRA.

 

REASON FOR DECISION:

 

To ensure that the County Council’s request for a deferral of the Review is reiterated, and notwithstanding this to make an appropriate input at this key stage in the Regional Plan process, so that issues of importance for the County Council are clearly expressed and influence the shape and content of the Regional Plan.

 

63.

Leicestershire Safer Communities Plan 2009 - 12. PDF 76 KB

Additional documents:

Minutes:

The Cabinet considered a report of the Chief Executive concerning the draft Safer Communities Plan for 2009-12.  A copy of the report, marked 'C', is filed with these minutes.

 

RESOLVED:

 

(a)           That the County Council be recommended to approve the draft Safer Communities Plan for 2009–12;

 

(b)           That the Chief Executive be authorised to amend the draft Plan prior to submission to the County Council as necessary to take account of comments made by the Scrutiny Commission on 28 October 2009.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

The County Council has a statutory duty under Section 17 of the Crime and Disorder Act 1998 to exercise its functions with due regard to the likely effect on, and the need to do all that it reasonably can, to prevent crime and disorder in its area.

 

64.

Equality, Diversity and Stronger Communities Charter. PDF 90 KB

Minutes:

The Cabinet considered a report of the Chief Executive concerning the development of the Equality, Diversity and Stronger Communities Charter.  A copy of the report, marked 'D', is filed with these minutes.

 

RESOLVED:

 

(a)      That the Equality, Diversity and Stronger Communities Charter, set out in Appendix 1 to the report, be approved;

 

(b)      That the Leader of each Political Group and the Chief Executive be invited to sign the Charter.

 

REASON FOR DECISION:

 

To enable the Equality, Diversity and Stronger Communities Charter to be adopted by the County Council and used as visible evidence of its commitment to fair and equitable services and employment practices.

 

65.

Safeguarding Adults: Roles and Responsibilities within the Council. PDF 73 KB

Additional documents:

Minutes:

The Cabinet considered a report of the Director of Adult Social Care and Health concerning roles and responsibilities within the Council with regard to Safeguarding Adults.  A copy of the report, marked 'E' together with Appendix A, is filed with these minutes.

 

RESOLVED:

 

That the Summary of Roles and Responsibilities within the County Council in respect of Safeguarding Adults now submitted be approved.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

The Council has a duty to ensure that adults are safeguarded and that all parts of the Council are aware of their roles and responsibilities and act on these.

 

66.

Leicestershire County Council Office Accommodation in Proposed New Building in the Melton Mowbray. PDF 78 KB

Minutes:

The Cabinet considered a report of the Director of Corporate Resources concerning a long-term agreement with Melton Borough Council for the provision of office accommodation in Melton Mowbray.  A copy of the report, marked 'F', is filed with these minutes. 

 

The Cabinet noted the comments of one of the local members, Mr. P. A. Roffey CC, and noted that his concerns would be addressed at the formal planning stage of the process.  Mr Roffey's comments are filed with these minutes.

 

RESOLVED:

 

(a)      That approval be given to the heads of terms for an Agreement set out in paragraphs 20 to 25 of the report, for a Licence to be granted by Melton Borough Council to the County Council, noting specifically that due to the nature of the agreement, a long-term commitment of up to 40 years in tenure is proposed;

 

(b)    That the Director of Corporate Resources be authorised to settle the final terms of and enter into an Agreement, based upon the heads of terms referred to in (a) above, in accordance with the timetables associated with Melton Borough Council’s rebuilding programme and the County Council’s Office Strategy.

 

REASON FOR DECISION:

 

1.      As part of the County Council’s Office Strategy, shared office accommodation with the Borough Council will contribute towards the delivery of significant efficiency savings for the County Council. 

 

2.      Occupying shared office accommodation with the Borough Council together with other public sector partners including the Probation Service and staff from the NHS, will provide a main geographic focus for the delivery of public services in Melton Mowbray.  As part of the County Council’s strategic asset management process, this outcome delivers strongly against one of the Key Lines of Enquiry (KLOE) 3.2 within the Comprehensive Area Assessment process, in respect to managing resources.

 

3.      Relocation to new offices will provide significantly improved working conditions for County Council staff and an improved environment from which the delivery of County Council services can be provided.

 

67.

Risk Management Update. PDF 79 KB

Additional documents:

Minutes:

The Cabinet considered a report of the Director of Corporate Resources concerning an update of the Corporate Risk Register.  A copy of the report, marked 'G', is filed with these minutes. 

 

The Cabinet noted the comments made by the Corporate Governance Committee at its meeting on 25 September.  The Cabinet also noted that page 18 of Appendix A was being amended in the light of the recent inquest into the deaths of FP and FH.  The comments of the Corporate Governance Committee and a revised page 18 are filed with these minutes.

 

RESOLVED:

 

That the updated Corporate Risk Register attached as Appendices A and B to the report be approved subject to the Director of Corporate Resources being authorised to amend the register as necessary to reflect the recommendations of the Corporate Governance Committee as now reported.

 

REASON FOR DECISION:

 

The County Council needs to put in place a high level risk register in line with the risk management strategy approved in February 2009.

 

68.

Detailed Proposals and Draft Regulations for the Introduction of the Community Infrastructure Levy - Consultation. PDF 320 KB

Additional documents:

Minutes:

The Cabinet considered a report of the Director of Community Services concerning the Government's proposed reform of the planning system insofar as it relates to planning obligations through the Community Infrastructure Levy (CIL) proposals.  A copy of the report, marked 'H', is filed with these minutes.

 

Members were informed that further information had come to light since the report was prepared which necessitated an addition to paragraph 48 of the report and a revision to the proposed response to question 32 in Appendix 1.  A copy of these changes is filed with these minutes. 

 

Although members welcomed the proposals in principle they considered that the Government had not thought through the implications in two-tier areas such as Leicestershire.  For example, it would be necessary for districts to give appropriate priority to County Council proposals from CIL income and to ensure that receipt of that income was timely.

 

RESOLVED:

 

That the response set out in paragraphs 39 - 48 and Appendix 1 of the report (as amended) be approved as the formal representations of the County Council on the Government’s consultation paper on the Community Infrastructure Levy.

 

REASON FOR DECISION:

 

To enable the DCLG to take account of the County Council’s representations.

 

69.

East Midlands Airport - Draft Noise Action Plan Consultation. PDF 399 KB

Minutes:

The Cabinet considered a report of the Director of Community Services setting out a proposed response to the consultation on the East Midlands Airport (EMA) Draft Noise Action Plan.  A copy of the report, marked 'I', is filed with these minutes.

 

Members noted that comments had been submitted by Mr. Max Hunt CC and Ms. Betty Newton CC.  A copy of their comments is filed with these minutes.

 

With the agreement of the Chairman, Mr. Hunt addressed the Cabinet.  In addition to the comments which he and Ms. Newton had submitted, Mr. Hunt suggested that the Cabinet responses should be more detailed and strengthened and that it was an opportunity for the Cabinet to obtain concessions from EMA.  He noted that it would take several years for aircraft operators to purchase new, quieter aircraft, and the consultation document showed no evidence of planning for them.  Mr Hunt also commented that operators were not fined for any excessive noise during day time, only night time.

 

Mrs Pendleton commented that EMA drew up the Noise Action Plan, monitored noise and enforced the Plan.  This did not seem appropriate in her view.  She suggested that the Plan seemed to concentrate on the reduction of noise over built-up areas rather than rural areas.  She also suggested that noise should be measured and recorded for every aircraft rather than averaged out over a period of time.

 

RESOLVED:

 

That the comments set out in paragraphs 18 to 30 of the report be approved and forwarded to the East Midlands Airport as the County Council’s consultation response on the Draft Noise Action Plan.

 

REASON FOR DECISION:

 

To ensure that the County Council takes the opportunity to influence the content of the Draft Noise Action Plan in the interests of local communities affected by noise from the airport.

 

70.

Proposal to Consult on the Future of Holmfield Primary School, Leicester Forest East. PDF 98 KB

Minutes:

The Cabinet considered a report of the Director of Children and Young People's Service on a proposal to consult on the future of Holmfield Primary School, Leicester Forest East.  A copy of the report, marked 'J', is filed with these minutes.

 

Members noted that comments on the issue had been submitted by Mrs. Jo Fox CC.  A copy of her comments is filed with these minutes.  The Chairman also referred to a letter which had been sent to all members of the Cabinet by the Chairman of the Governing Body and to a petition which had been handed to him the previous day.  A copy of the letter and of the front page of the petition is filed with these minutes.

 

RESOLVED:

 

(a)       That the current position of Holmfield Primary School, Leicester Forest East and the impact of work to improve its performance be noted;

 

(b)       That approval be given to the commencement of consultation for 12 weeks from 7 October 2009 in accordance with the Department for Children, Schools and Families statutory guidance to seek stakeholder views on a range of options for the future of the school including the Council’s preferred option of closure;

 

(c)        That a further report be submitted on the outcome of the consultation referred to in (b) above in order to determine the next steps and whether to proceed with any of the options outlined in the report.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

Consultation on options for the future of Holmfield Primary School will ensure that the Council’s commitment to put the needs of each learner first is adhered to. 

 

71.

Setting Local Speed Limits - Policy on the Implementation of a Speed Limitation Review in Leicestershire. PDF 95 KB

Additional documents:

Minutes:

The Cabinet considered a report of the Director of Highways, Transportation and Waste Management concerning a proposed policy for reviewing speed limits in Leicestershire and for conducting a review of the existing speed limits on the County's A and B roads, in accordance with the requirements of the policy.  A copy of the report, marked 'K', is filed with these minute.

 

RESOLVED:

 

(a)       That “Setting Local Speed Limits – Policy on the Implementation of a Review of Speed Limits in Leicestershire” be approved as County Council policy;

 

(b)      That speed limits on each of the A and B roads for which the County Council is the traffic authority be reviewed as a matter of priority in accordance with the requirements of the policy.

 

REASON FOR DECISION:

 

1.      Criteria to determine appropriate speed limits are laid down by the Government.  In 2006, new guidance was published by the Department for Transport (DfT) for setting speed limits on local roads (i.e. roads other than those designated as Trunk Roads).  The guidance recommends a revised approach to the assessment and setting of local speed limits, and asks that all traffic authorities carry out a review of all speed limits on A and B roads in accordance with this new guidance.

 

2.      The DfT has asked all traffic authorities to carry out a review of existing speed limits on all A and B roads by the end of 2011.  The existing speed limits on all A and B roads are therefore to be assessed as a matter of priority.

 

 

 

 

 

 

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