Agenda and minutes

Venue: Council Chamber - Town Hall, Rochdale, OL16 1AB. View directions

Contact: Alison James/Peter Thompson/John Addison (Rotate) 

Items
No. Item

19.

Mayor's Communications

    To receive any communications from the Mayor.

    Minutes:

    Honorary Alderman Anthony Ryan

     

    The Mayor referred to the recent passing of Mr. Anthony Ryan, an Honorary Alderman of the Borough and on behalf of the Council expressed the condolences of the Council to Mr. Ryan’s family. A moments silence was observed in remembrance of Mr. Ryan.

20.

Apologies

21.

Declarations of Interest

    Members are required to declare any disclosable pecuniary, personal or personal and prejudicial interests they may have and the nature of those interests relating to items on this agenda and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.   

    Minutes:

    There were no declarations of interests.

22.

Minutes pdf icon PDF 77 KB

23.

Public Questions and Petitions

    To receive petitions and questions from members of the public, where these have been received in accordance with the Petitions Scheme and/or Council Procedure Rules.

    Minutes:

    The Mayor permitted Mr. Mark Hope to address the Council, in support of the proposal (at agenda item 7) for the authority to apply for registration as a Village Green in respect of land at Cut Lane, Norden, Rochdale and Councillor Neil Emmott, Cabinet Member with responsibility for the Environment Portfolio responded.  

24.

Notices of Motion

    The Council is asked to consider the following three Motions that have been submitted in accordance with Council Procedure Rule 10:

     

    a)    It will be moved by Councillor Taylor and seconded by Councillor Neil Emmott that:

     

    “This Council recognises that there has been a marked deterioration in the standard of driving, particularly in the evenings where instances of dangerous driving and excessive speed have become commonplace. This is an issue across the whole Borough and it is of serious and increasing concern to our communities. The dangerous use of our highways is now so prevalent is has morphed from anti-social behaviour to a serious road safety issue.

     

    This Council requests that the Chief Executive undertakes to bring together a group of Members, relevant officers, partner organisations and stakeholders to address this matter of significant concern, through a combination of community engagement, awareness raising, education, prevention and enforcement interventions, with a view to making the Borough's highways and its drivers safer.”

     

    b)    It will be moved by Councillor Wardle and seconded by Councillor Hartley that:

     

    “As bonfire night approaches, the National Farmers Union (NFU) is urging councils across England and Wales to introduce a total ban on sky lanterns to avoid fires, harm to animals and littering.

     

    More than 70 local authorities have already introduced bans, and the NFU is encouraging more councils to follow their example and ban the dangerous lanterns, which are frequently set off around bonfire night, Christmas and New Year.

     

    The lanterns sometimes called Chinese lanterns have caused devastating damage to buildings and farm fields, as well as gruesome injuries to livestock and other animals.

     

    Scotland has brought in a total ban on these lanterns, and more than 70 councils in England and Wales have banned the sale and use of the lanterns including Bolton, Oldham, Stockport, Tameside, Trafford, Cheshire East and Cheshire West & Chester.

     

    I urge members of the council to support the banning of these lanterns, keeping us aligned with other GM authorities.”

     

    c)    It will be moved by Councillor Dearnley and seconded by Councillor Holly that:

     

    “The Communities of Rochdale deserve to have confidence in our democratic processes.  In light of his recent acceptance of a police caution relating to an electoral offence, and the consequential damage caused to public confidence in local democracy, this Council calls upon Councillor Faisal Rana to consider his position as an elected member of this authority.”

     

     

    Minutes:

     

    a)    Standard of Driving

     

    It was moved by Councillor Taylor and seconded by Councillor Neil Emmott that:

     

    “This Council recognises that there has been a marked deterioration in the standard of driving, particularly in the evenings where instances of dangerous driving and excessive speed have become commonplace. This is an issue across the whole Borough and it is of serious and increasing concern to our communities. The dangerous use of our highways is now so prevalent is has morphed from anti-social behaviour to a serious road safety issue. 

     

    This Council requests that the Chief Executive undertakes to bring together a group of Members, relevant officers, partner organisations and stakeholders to address this matter of significant concern, through a combination of community engagement, awareness raising, education, prevention and enforcement interventions, with a view to making the Borough's highways and its drivers safer.”

     

    On being put to the vote, the motion was declared to be carried and it was RESOLVED accordingly.

     

    b)    Sky Lanterns

     

    It was moved by Councillor Wardle and seconded by Councillor Hartley that:

     

    “As bonfire night approaches, the National Farmers Union (NFU) is urging Council’s across England and Wales to introduce a total ban on sky lanterns to avoid fires, harm to animals and littering.

     

    More than 70 local authorities have already introduced bans, and the NFU is encouraging more council’s to follow their example and ban the dangerous lanterns, which are frequently set off around bonfire night, Christmas and New Year. 

     

    The lanterns sometimes called Chinese lanterns have caused devastating damage to buildings and farm fields, as well as gruesome injuries to livestock and other animals. 

     

    Scotland has brought in a total ban on these lanterns, and more than 70 Council’s in England and Wales have banned the sale and use of the lanterns including Bolton, Oldham, Stockport, Tameside, Trafford, Cheshire East and Cheshire West and Chester.

      

    I urge members of the Council to support the banning of these lanterns, keeping us aligned with other Greater Manchester authorities.”

     

    On being put to the vote, the motion was declared to be carried and it was RESOLVED accordingly.

     

    c)    Councillor Rana

     

    It was moved by Councillor Dearnley and seconded by Councillor Holly that:

     

    “The Communities of Rochdale deserve to have confidence in our democratic processes.  In light of his recent acceptance of a police caution relating to an electoral offence, and the consequential damage caused to public confidence in local democracy, this Council calls upon Councillor Faisal Rana to consider his position as an elected member of this authority.” 

     

    On being put to the vote, the motion was declared to be LOST

25.

Application for Registration as a Village Green - Application VG/O1/15 Land at Cut Lane Norden Rochdale pdf icon PDF 118 KB

    To consider an application for registration as a Village Green – Land at Cut Lane, Norden.

    Additional documents:

    Minutes:

    The Council considered a report of the Assistant Director (Legal, Governance and Workforce) regarding an application for registration as a Village Green (Application VG/01/15) in respect of land at Cut Lane, Norden, Rochdale. The report advised Members that the Council was the statutory Commons Registration Authority for the area in which the application site shown coloured red on the attached Plan (‘the Application Site’) made by the Friends of Heritage Green by way of an application under the Commons Registration Act 2006 and validated on 9th October 2015 (‘the Application’). The Council was recommended to approve the determination of this matter as Commons Registration Authority on already submitted evidence and settled case law as advised, without the need for a public inquiry on the basis that the view of officers is that a public inquiry is unnecessary and in light of court decisions in the area of commons registration.

     

    RESOLVED

    That the Assistant Director (Legal Governance and Workforce) be authorised to enter the Application Site on the Register of Town and Village Greens maintained by the Council as a statutory Commons Registration Authority.

26.

Audit and Governance Committee Annual Report 2017/2018 pdf icon PDF 91 KB

27.

Overview and Scrutiny Committee Annual Report 2017/2018 pdf icon PDF 90 KB

28.

Review of Polling Districts and Polling Places pdf icon PDF 105 KB

29.

Proposed Changes to the Transport for Greater Manchester Committee pdf icon PDF 104 KB

    To consider proposed Changes to the Transport for Greater Manchester Committee.

    Minutes:

    The Council considered a report of the Chief Executive which advised that the Greater Manchester Combined Authority (GMCA) had undertook a review of governance for a range of Greater Manchester bodies, including the Transport for Greater Manchester Committee (TfGMC). At a meeting in June 2018 the GMCA had agreed to pursue proposals for changes to TfGMC in order to take account of the changes to the responsibilities of the Mayor for Greater Manchester and GMCA following devolution. The submitted report set out proposals from the GMCA on changes to the membership and operating agreement for the TfGMC.

     

    RESOLVED

    1.            The Council notes that the size of the TfGM is to be set at 23 Members;

    2.            Councillor Burke be appointed as the Council’s representative to the TfGMC;

    3.            The Leader of the Council be authorised to exercise his delegation to nominate one further member to the TfGMC after consultation with GMCA to determine that this appointment complies with the GMCA’s political balance requirements;

    4.            Council notes that the remaining appointments to the TfGMC are to be made by GMCA and the Mayor of Greater Manchester;

    5.            Council supports the amendment of the TfGMC’s Operating Agreement to reflect the changes outlined above;

    6.            Council notes that the Terms of Reference for the TfGMC will be reviewed to ensure that they reflect the Mayor of Greater Manchester’s current transport powers with a further review in 2019/20 to reflect any proposed new powers.

30.

Calendar of Meetings 2019-2020 pdf icon PDF 92 KB

31.

Annual Review of the Constitution pdf icon PDF 132 KB

    Minutes:

    The Council considered a report of the Assistant Director (Legal, Governance and Workforce) advising that the Council undertakes an annual review of the content of its constitution to ensure that its content remained appropriate and that any changes arising from legislative requirements were captured. Members had identified a number of areas to be addressed as part of the review.

     

    Changes relating to Executive (Cabinet) functions were delegated to the Leader of the Council to amend at any point in the year.  Non-Executive functions could only be made by a resolution of Council.

     

    Proposals relating to the revision of start times of meetings, how questions to Members at Council meetings were dealt with and options to develop a written public speaking procedure for Committees were explored further in the report.

     

    RESOLVED

    1.    The responsibility for the appointment of Township Chairs be retained as a Council function;

    2.    The requirement for written questions to Members at Council meetings be retained, with a revised practice to allow for additional observations;

    3.    Individual Committees be recommended to consider the adoption of a written public speaking procedure;

    4.    The start time of future Council and Committee meetings as part of its Council Procedure Rules be confirmed at 6.00pm;

    5.    The amendments to the constitution as set out in appendix 1 to the report be approved.

32.

Freedom of the Borough Review - the late Cyril Smith pdf icon PDF 110 KB

    Minutes:

    The Council considered a report of the Assistant Director (Legal, Governance and Workforce) seeking a review of the decision to grant the Freedom of the Borough to the late Cyril Smith in 1992 (Minute 33, Policy and resources Committee, 19th August refers). Following a request from a member of the public, who was one of Cyril Smith’s victims in the 1960s, the Council is asked to consider rescinding the decision to confer the Freedom of the Borough on the late Cyril Smith, in light of the widespread public concern about his abuse of children and young people and the findings of the Independent Inquiry into Child Sexual Abuse (IICSA) in their interim report published in April 2018.

     

    RESOLVED

    1. Minute 33 of the Policy and Resources Committee held on 19th August 1992 be rescinded forthwith;

    2. The Monitoring Officer be delegated authority to update all documents of record and public information within the Council accordingly.

33.

Members' Quarterly Reports pdf icon PDF 59 KB

    To receive quarterly reports from Members of the Cabinet, Chairs of Township Committees and Chairs of Overview and Scrutiny Committees and to permit questions from Members of the Council.

    Minutes:

    Members presented their Quarterly Reports responding to questions

    and remarks from Members of the Council:-

    ·         The Leader of the Council and the Cabinet Member for Finance

    ·         The Cabinet Member for Planning, Development and Housing

    ·         The Cabinet Member for Health and Wellbeing

    ·         The Cabinet Member for Environment

    ·         The Cabinet Member for Resources

    ·         The Cabinet Member for Regeneration, Business and Skills

    ·         The Cabinet Member for Children's Services

    ·         The Cabinet Member for Adult Care

    ·         The Cabinet Member for Neighbourhoods, Community and Culture

    ·         The Chair of Heywood Township Committee

    ·         The Chair of Middleton Township Committee

    ·         The Chair of Pennines Township Committee

    ·         The Chair of Rochdale Township Committee

    ·         The Chair of the Corporate Overview and Scrutiny Committee

    ·         The Chair of the Communities, Regeneration and Environment Overview and Scrutiny Committee

    ·         The Chair of the Health, Schools and Care Overview and Scrutiny Committee

     

    RESOLVED:

    That the reports be noted.