Agenda and minutes

Members of the Council are requested to declare any interests which they have in any items or issues before the Council for determination.

Councillor D Jones and Councillor S Wright declared personal interests in any matter relating to staffing as their wives are employed in Bury Schools. Councillor D Jones further declared a personal interest in the Notice of Motion relating to Police Funding as a Member of the National Association of Retired Police Officers.     

2.     Councillor Shori declared a personal interest in relation to Item 6, Leader’s Question Time as his partner works for the NHS.

3.     Councillor L Smith declared a personal interest in relation to Item 6, Leader’s Question Time as her partner works for the NHS.

4.     Councillor Quinn declared a personal interest in relation to Item 6, Leader’s Question Time as his son and daughter in law work for the NHS.

5.     Councillors Leach and Simpson declared personal interests as they are employed by the NHS.

6.      Councillor Tariq declared a personal interest in the Notice of Motion relating to Police Funding as the Chair of the GM Police and Crime Panel.

7.    Councillor J Walker declared a personal interest in relation to the Notice of Motion concerning Homes Fit for the Future as a Local Authority tenant.

Minutes of the last meeting, held on 12 September 2018, are attached.

RESOLVED:

That the Minutes of the Meeting of Council held on 12 September 2018 be signed by the Mayor as a true and correct record.

To receive communications from the Mayor and any announcements by the Leader of the Council or the Chief Executive on matters of interest to the Council.

The Mayor reported on the commemorative events held in the run up to, and including, Remembrance Sunday.

To answer questions from members of the public, notice of which has been given, on any matter relevant to the Council or its services to the community. Up to 30 minutes will be set aside for this purpose. If time permits, further questions will be invited from members of the public present.

On inviting questions from members of the public present, the following issues were raised:-

On inviting questions from members of the public present, the following issues were raised:-

Meeting of the Licensing and Safety Panel held on 17 October 2018 – Gambling Act Statement of Principles.

It was moved by Councillor Kelly and seconded by Councillor D Jones and it was:-            

RESOLVED:

That the amended Statement of Principles, as set out in the report, be approved.

Meeting of the Democratic Arrangements Forum held on 13 November 2018 – Council Procedure Rules

It was moved by Councillor Simpson and seconded by Councillor Shori and with 29 voting for, 16 against and the Mayor abstaining it was:-                

RESOLVED:

That the Constitution be amended to change the deadline for Questions from Members to the Leader to six clear working days before the meeting.

Meeting of the Cabinet held on 14 November 2018 – Risk Management Annual Report

It was moved by Councillor O’Brien and seconded by Councillor Shori and it was:-

RESOLVED:

That support be given for the Council’s approach to Risk Management, and the progress made throughout 2017/18 and actions planned for 2018/19 be noted.

Meeting of the Cabinet held on 14 November 2018 – Mid Year Treasury Management Report

It was moved by Councillor O’Brien and seconded by Councillor Shori and it was:-

RESOLVED:

That in accordance with CIPFA’s Code of Practice on Treasury Management, the report be noted.

Meeting of the Cabinet held on 14 November 2018 – Community Safety Plan

It was moved by Councillor Tariq and seconded by Councillor Shori and it was:-   

RESOLVED:

That the Community Safety Plan and its priorities be approved for inclusion in the Council’s Policy Framework.

To receive a Statement from the Leader of the Council on the work of the Cabinet and to answer written questions from Members of the Council to the Leader and Cabinet Members on any matter in relation to which the Council has powers or duties which affect the Borough, provided the necessary written notice has been given.

Verbal questions on the work of the Cabinet since the last Council meeting will be allowed subject to a limit of one question per Councillor.

(a)   Written question (Notice given)

The Leader of the Council, Councillor Shori, made a statement on the work undertaken by him since the date of the last Council meeting.

The Leader and the relevant Cabinet Members answered questions raised by Councillors on the following issues:                                                        

Due to the lack of time to answer questions 15 to 27 inclusive, the Leader gave an undertaking that copies of those questions and responses will be circulated to all Councillors. The Leader also gave an undertaking to make these available on the Council Web Site.                                                                                   

(b)   Oral questions on Leader’s Speech and the work of the Cabinet since the last Council meeting (without Notice)

(A)        A report from the Council’s representative on the work of Transport for Greater Manchester, Councillor Bayley.

(B)        Questions (if any) on the work of the Joint Authorities to be asked by Members of the Council for which the necessary notice has been given in accordance with Council Procedure Rule 11.2.

(a)                  Councillor Bayley, the Council’s representative on the Greater Manchester Transport Committee reported on the work of the Committee to all Members of the Council.

(b)                  The following questions had been received in accordance with Council Procedure Rule 11.2.

Report attached.

It was moved by Councillor O’Brien and seconded by Councillor Shori and it was:-

RESOLVED:

That the Scheme introduced with effect from 1 April 2018 be extended for the Year 1 April 2019 to 31 March 2020 with one amendment.

The following Notices of Motion have been received:-

(i)                 Planning Policy

THIS COUNCIL notes:

The evolving Greater Manchester Spatial Framework and the present consultation on the Bury Local Plan that closes on the 30^th November.

In the coming months and years it is highly likely that developers will submit planning applications for large scale development within the Borough which will massively impact on our road infrastructure and the provision of school places within Bury.

Within the Town and Country Act 1990, section 106 allows a local planning authority to enter into a legally-binding agreement or planning obligation as a way of delivering or addressing matters that are necessary to make a development acceptable in planning terms. Education and school places provision together with local road infrastructure are clearly necessary planning requirements for large scale development within the Borough.

It is highly concerning that Bury MBC has no set policy to address these issues within our planning framework.

THIS COUNCIL resolves:

1.   To request the Chief Planning Officer produce a draft policy to enable a standardised approach for calculating education 106 agreements seeking to make development acceptable in terms of education by ensuring that the need for additional pupil places generated by new developments are mitigated by developer contribution. That this report be available for Council to consider and vote upon at the next full meeting of Council and if acceptable that it should be included in the Bury Local Plan.

2.   To request the Chief Planning Officer produce a draft policy to enable a standardised approach for calculating road infrastructure 106 agreements seeking to make development acceptable in terms of highways by ensuring that the significant extra road usage which flows from developments of over 25 dwellings and the substantial long term maintenance costs to the taxpayer are mitigated by developer contribution. . That this report be available for Council to consider and vote upon at the next full meeting of Council and if acceptable that it should be included in the Bury Local Plan.

3.   To ensure these policies are implemented in a transparent way and to ensure full public confidence in the planning process within the Borough to impose a requirement that for all development of over 25 dwelling the viability assessment provided by the developer be made public.

In the names of Councillors R Caserta, P Cropper, J Daly, I Gartside, D Gunther, M Hankey, J Harris, R Hodkinson, K Hussain, N Jones, G Keeley, O Kersh, S Nuttall,  I Schofield, D Silbiger,  R Walker, and Y Wright

(ii)                Homes Fit for the Future

This Council notes:

1      The long overdue announcement by Government of a relaxation in the Housing Revenue Account borrowing cap potentially allowing local councils to build more new council housing. 

2      The need for more, high quality, affordable homes within the Borough. 

3      Current strategies, at a national and Greater Manchester level, to address carbon emissions, air pollution, and in support of active travel. 

This Council believes: 

1      That every effort should  ...  view the full agenda text for item C. 268

(i)           Planning Policy

A motion had been received and set out in the Summons in the names of:

Councillors R Caserta, P Cropper, J Daly, I Gartside, D Gunther, M Hankey, J Harris, R Hodkinson, K Hussain, N Jones, G Keeley, O Kersh, S Nuttall,  I Schofield, D Silbiger,  R Walker, and Y Wright

It was moved by Councillor Daly and seconded by Councillor N Jones that:-

THIS COUNCIL notes:

The evolving Greater Manchester Spatial Framework and the present consultation on the Bury Local Plan that closes on the 30^th November.

In the coming months and years it is highly likely that developers will submit planning applications for large scale development within the Borough which will massively impact on our road infrastructure and the provision of school places within Bury.

Within the Town and Country Act 1990, section 106 allows a local planning authority to enter into a legally-binding agreement or planning obligation as a way of delivering or addressing matters that are necessary to make a development acceptable in planning terms. Education and school places provision together with local road infrastructure are clearly necessary planning requirements for large scale development within the Borough.

It is highly concerning that Bury MBC has no set policy to address these issues within our planning framework.

THIS COUNCIL resolves:

1. To request the Chief Planning Officer produce a draft policy to enable a standardised approach for calculating education 106 agreements seeking to make development acceptable in terms of education by ensuring that the need for additional pupil places generated by new developments are mitigated by developer contribution. That this report be available for Council to consider and vote upon at the next full meeting of Council and if acceptable that it should be included in the Bury Local Plan.

2. To request the Chief Planning Officer produce a draft policy to enable a standardised approach for calculating road infrastructure 106 agreements seeking to make development acceptable in terms of highways by ensuring that the significant extra road usage which flows from developments of over 25 dwellings and the substantial long term maintenance costs to the taxpayer are mitigated by developer contribution.  That this report be available for Council to consider and vote upon at the next full meeting of Council and if acceptable that it should be included in the Bury Local Plan.

3. To ensure these policies are implemented in a transparent way and to ensure full public confidence in the planning process within the Borough to impose a requirement that for all development of over 25 dwelling the viability assessment provided by the developer be made public.

It was moved by Councillor O’Brien and seconded by Councillor Shori as an amendment to:-

Point 1.   Remove “produce a draft policy” and replace with “to continue to progress Local Plan policy direction CF2”               Remove “That this report be available for Council to consider and vote upon at the next full meeting of Council and if acceptable that it should be included in  ...  view the full minutes text for item C. 268

There were no Scrutiny Review Reports or specific items “called in” by the Overview and Scrutiny Committee to be considered at this Council meeting.

Questions on the work of Outside Bodies or partnerships on which the Council is represented to be asked by Members of the Council (if any).

There were no questions received in accordance with Council Procedure Rule 11.2.

Questions on the delegated decisions made by the Regulatory Committees and Scrutiny Committees contained in the Digest of Decision 3 published  since the last ordinary meeting of the Council, providing four clear working days’ notices has been given of the question.

Members are asked to bring to the meeting their copy of Digest 3.

There were no written questions asked on the delegated decisions of the Committees or Scrutiny Committee contained in the Digest of Decision 3 (2018/19).