Annual Council Meeting – 5th May 2021

PART I – ANNUAL COUNCIL BUSINESS

1 ELECTION OF CHAIRMAN

• To elect a Chairman to serve until the Annual Meeting in 2022. The Clerk will call for nominations.

1.2 The Chairman will sign a Declaration of Acceptance of Office, following which the newly-elected Chairman will chair the meeting.

• ELECTION OF VICE-CHAIRMAN

To elect a Vice-Chairman to serve until the Annual Meeting in 2022. The Chairman will call for nominations.

3 APOLOGIES FOR ABSENCE

Apologies for absence should be notified to the Clerk by noon on the day of the meeting, if possible.

4 DECLARATIONS OF INTERESTS

Members are asked to declare any disclosable pecuniary interest or non-pecuniary interest which they have in any item of business on the agenda, the nature of that interest, and in respect of disclosable interests, to leave the meeting prior to the discussion of that item.

The declaration should be made at this point in the proceedings, or as soon as the Member becomes aware that there might be an interest.

Whilst the Clerk can advise on the Code of Conduct and its interpretation, the decision to declare, or not, is the responsibility of the Parish Councillor, based on the particular circumstances.

• MINUTES

To approve as a correct record the Minutes of the Meeting held on 7 April 2021.

6 REVIEW OF DELEGATION ARRANGEMENTS

6.1 The Council is invited to appoint Members to the following standing Committees.

It should be noted that at the first Committee meeting, Members will appoint/re-appoint non-Parish Council Members, as appropriate.

6.2 Neighbourhood Plan Steering Group

As the Neighbourhood Plan Steering Group has completed its work, there is no longer a need to re-constitute this Committee; however, the Parish Council may consider it appropriate to set up an Implementation Committee.

6.3 Staffing Committee

At item 22 on the agenda, the Parish Council will be asked to approve a Disciplinary Procedure and it is suggested that a Staffing Committee be set up as a standing committee. This Committee would be responsible for all staffing matters, including matters concerning the disciplinary procedure.

Terms of Reference have not yet been drawn up for this Committee but can be submitted to the June meeting for approval.

7 TERMS OF REFERENCE FOR COMMITTEES

The Parish Council is invited to review and approve/amend the Terms of Reference for each of the standing Committees of the Parish Council.

8 APPOINTMENT TO OUTSIDE BODIES

The Parish Council is invited to make appointments to the following bodies.

• Village Festival Committee (one representative)

Current Member: Councillor R Hancock

• Wybunbury United Charities (two Administration representatives and two Estate representatives)

Current Members: Councillor V Adams (Administrative Trustee)

Councillor L Buchanan (Administrative Trustee)

Councillor K Gibbs (Estate Trustee)

Vacancy (Estate Trustee)

• Cheque signatories (two required)

(Theo Steele Bequest) Current Members: Councillors K Gibbs and R Hancock

9 ANNUAL ACCOUNTS 2020-2021

9.1 List of Audit Issues raised during 2019-2020

To receive a list of the internal audit issues raised during 2019-2020, and to note the Parish Council’s comments made throughout the year following its periodic review to address the issues.

9.2 VAT – Reclaim under Insignificant Breach Rule

To receive a report in respect of unclaimed VAT incurred during the major refurbishment of the Village Hall in 2018-2019.

9.3 Fixed Assets List

The Task Group met and reviewed the list of fixed assets. The revised list is enclosed.

9.4 Timeline for submission of accounts documentation

The following is the timeline for submission of the accounts, publication of the accounts, and a list of the various documents required.

• The accounts must be submitted to the external auditor (PKF Littlejohn LLP) by no later than 30 June 2021. In previous years, it has been possible to request an extension, but this has not been offered this year.
• Before 1 July 2021, the Council must publish on the website, information required under Regulation 15 (2) Accounts and Audit Regulations 2015, and this includes the period for the exercise of public rights giving the name and address of the external auditor and indicating that the accounts are unaudited.
• The Council must receive and note the annual Internal Audit report before approving the Annual Governance Statement and the accounts.

Note: the Annual Governance Statement and the accounts can both be approved at the same meeting, but the Annual Governance Statement must be approved first.

• The Clerk/RFO must certify the accounts before they are presented to the Council for approval.
• The Clerk/RFO is required to commence the exercise of public rights period as soon as practical after the date of the AGAR approval. This must be 30 consecutive working days and must include the first 10 working days of July.

This means that the Council can either approve the accounts at its meeting on Wednesday, 9 June 2021 (this date has been revised from 2 June, as the new Clerk will be on holiday on the 2 June), or could postpone the meeting until later in the month to be certain that the accounts have been received back from the Internal Auditor. The Clerk has set the period for the exercise of public rights to commence on Thursday, 1 July 2021 and conclude on Wednesday, 11 August 2021.

• It is important that at its meeting in June, the Parish Council assures itself of the effectiveness of the Internal Audit process. This would normally be carried out by the Finance Committee, but the meeting set for 29 April 2021 was cancelled. If this task is not carried out, it will be criticised by the External Auditor. The checklist of actions will be found on the front page of the Internal Audit report when it is received.
• Full explanation of significant variances in the accounting statements to be issued to the external auditor (PKF Littlejohn LLP).
• Not later than 30 September 2021the Council must publish notice of conclusion of the audit which requires Section 2 (External Auditor Report and Certification), and Sections 1 and 2 of the AGAR, including any amendments as a result of the review. It is recommended, as good practice, that the Internal Auditor’s report (page 3 of the AGAR) also be published).

10 CALENDAR OF COUNCIL AND COMMITTEE MEETINGS – 2021-2022

To approve the calendar of Council and Committee meetings for 2021-2022.

Members gave initial consideration to this schedule at the April 2021.

11 RISK ASSESSMENT/MANAGEMENT

The Parish Council is required to carry out a risk assessment annually. This is a statutory requirement.

The risk assessment/management schedule is enclosed for approval, subject to any amendments to be made at the meeting.

This is the schedule which was approved at the meeting held on 3 February 2021; however, that schedule was for the financial year 2020-21 and this is for the year 2021-22.

PART 2 – ORDINARY PARISH COUNCIL BUSINESS

The following items represent the ordinary business of the Parish Council and have been included on the agenda for this meeting in the interests of expediency.

12 CO-OPTION

Members are reminded that there are currently two vacancies. One inthe Village Ward and one in Gresty Brook Ward, both of which are as a consequence of insufficiency of candidates at the May 2019 elections.

The Parish Council is, therefore, able to co-opt to these two vacancies at this meeting.

In addition, the two recent resignations of former councillors Nicola Cooper and Jane Hassall have been notified to Cheshire East Council to allow ten electors to call an election. In the event of no election being called within the requisite number of days, the Parish Council will be to co-opt to the vacancies.

There are two candidates who have put themselves forward and the following is the suggested procedure.

• Once the candidates identify themselves, the Parish Council is asked to move that both candidates be nominated for consideration for co-option.

• Each candidate will then be invited to give a brief oral presentation indicating why they wish to be a parish councillor.

• After each presentation, Members may ask questions of the candidate, and these should not be of a personal nature; for example, marital status, age, number of children.

• When both candidates have made their presentations, the Chairman may ask for a secret ballot as there are more candidates than vacancies.

• If a secret ballot is agreed, Councillors will be asked to email the Clerk with the name of their preferred candidate. The Chairman will pause the meeting to allow the Clerk to count the votes.

• The meeting will then resume, and the Clerk will announce the result.

• Each candidate will have been provided with a Declaration of Acceptance of Office form which requires them to be bound by the Code of Conduct. The successful candidates will be asked to sign the form, and to show it to the camera to indicate that it has been signed in the presence of the Parish Council. This is a legal requirement because until candidates sign the Declaration, they are not parish councillors.

• After the meeting, the successful candidates should scan the Declaration and email it to the Clerk.

• The successful candidates will be provided with a Register of Interests Form for completion and return to the Clerk.

At this point in the proceedings, the new Councillors will be able to participate fully in the meeting.

13 PUBLIC QUESTION TIME

Members of the public are able to ask questions or address the Parish Council in respect of any item on the agenda, or any matter relevant to the Parish Council’s business and the local area.

14 BOROUGH COUNCILLOR DAVID MARREN

14.1 Report

To receive Councillor David Marren’s report on Cheshire East Council matters of interest, together with an update in respect of outstanding parish matters.

14.2 Questions

Members are able to ask questions of Councillor Marren in respect of his report presented under item 6.1 above. This is limited to Councillors and is not an opportunity for members of the public to ask questions.

15 POLICE MATTERS

To receive the Beat Manager’s report and traffic data.

16 REMOTE MEETINGS OF THE PARISH COUNCIL

The Government has confirmed that legislation permitting remote meetings of local councils will not be extended in England beyond 7 May 2021; this would require primary legislation.

The National Association of Local Councils (NALC) issued a Chief Executive’s bulletin on 23 April 2021 in which reference was made to a court hearing in the High Court during the same week.

As NALC is an interested party supporting this court action by Lawyers in Local Government (LLG) and the Association of Democratic Services Officers (ADSO), both Jane Moore, acting Head of Member Services and Legal Services Manager attended the session remotely and was reported on by the Law Gazette.

A decision is expected by the end of April. At the time of publication of this agenda, remote meetings must cease after 7 May 2021.

As Parish Councils are not able to continue to hold remote meetings beyond 7 May 2021, the current scheme of delegation has been revised, to give increased powers to the Clerk. This will ensure that regular business (mostly financial matters) can be actioned without, necessarily, the need for a Parish Council meeting. This will limit the need for physical meetings of the Parish Council.

The revised scheme is enclosed for consideration.

17 COMMUNITY GOVERNANCE (BOUNDARY REVIEW)

The Task Group to report progress on the Parish Council’s campaign to inform residents of Cheshire East Council’s proposed boundary review.

18 COMMEMORATIVE BENCH – KEN JONES

The Parish Council is asked to consider if a commemorative bench should be purchased, to honour the late Ken Jones’ contribution to the community. If approved, the Council is also asked to suggest an appropriate location.

Ken Jones initiated Shavington Village Festival back in 1976 when he invited local oranisations to a meeting to decide how to celebrate the Queen’s Silver Jubilee. A Committee was set up to organise a Village Festival in the summer of 1977.

From the outset, the Committee decided that the prime objective of the Festival would be to create the opportunity for local organisations to raise funds, usually by running a stall. It was a successful event and so popular that it has continued for over 40 years.

19 STANDING ORDERS AND FINANCIAL REGULATIONS

The Parish Council is asked to review its Standing Orders and Financial Regulations.

20 DISCIPLINARY PROCEDURE

The Parish Council is asked to adopt the enclosed Disciplinary Procedure.

21 PLANNING MATTERS

21.1 The Parish Council is invited to comment on the following planning applications. If there are significant observations to be made, could Members please ensure that these are sent to the Clerk prior to the meeting. This will enable the Clerk to prepare an accurate record. Such observations will be read out at the meeting, in the interests of transparency. Planning applications can be viewed By Clicking Here

21/1711N 396 Newcastle Road, Shavington, CW2 5JF

Erection of detached bungalow and ancillary works.

Deadline date for comments: 5 May 2021

21/2028N 20 Chestnut Avenue, Shavington, CW2 5BJ

Proposed front and rear dormer extensions to roof

Deadline date for comments: 5 May 2021

21/2214N 37 Park Estate, Shavington, CW2 5AW

Two-storey side and rear extension and single-storey rear extension

Deadline date for comments: 13 May 2021

21/1927N Unit 6, Alexandra Business Park, Gresty Lane, Shavington, CW2 5DD

Erection of commercial storage building

Deadline date for comments: 12 May 2021

21/2147N Costa Coffee, Jack Mills Way, Shavington, CW2 5UZ

InstaVolt is proposing to install two rapid electrical vehicle-charging

Stations within the car park of Costa, Crewe.

Two existing parking spaces will become EV charging bays

Along with other equipment.

Deadline date for comments: 19 May 2021

21/1920N Forget-Me-Not-Fields, adjacent to Old Puseydale, Main Road

Shavington, CW2 5DU

Installation of an ecological burial ground with associated access, car

Parking and infrastructure with ancillary facilities.

Deadline date for comments: 19 May 2021

21.2 Draft Housing Supplementary Planning Document (‘Housing SPD’)

The Draft Housing SPD has been published for consultation purposes and provides further guidance on the implementation of policies in the Local Plan, including SC4 ‘residential mix’, SC5 ‘affordable homes’ and SC6 ‘rural exceptions housing for local needs’, of the Local Plan Strategy. This is the first stage of consultation on the SPD which, once adopted, will be a material consideration in decision-taking.

The consultation will run from 26 April 2021 to 5:00pm on 7 June 2021. Further information is available on the council’s website at:

https://cheshireeast-consult.objective.co.uk/portal/planning/spd/

22 HS2 – COMMUNITY AND ENVIRONMENT FUND

To report that there is a fund of £5m available to fund projects run by communities which are impacted by Phase 2a of HS2 (the route between the West Midlands and Crewe).

A deadline date for submission of grant applications has not yet been given. In view of the significant business on the agenda, the Parish Council is asked to set up a Task Group (which would be able to meet remotely) to consider potential projects and report back to the Parish Council.

23 SHAVINGTON VILLAGE FESTIVAL – 10 JULY 2021

Councillor Hancock to update the Parish Council in respect of arrangements for the Village Festival. A report from Councillor Hancock will follow under separate cover.

24 QUARTERLY NEWSLETTER

To report that owing to the extensive effort which was required on the Boundary Review campaign, the quarterly newsletter is likely to be delayed by about two weeks.

25 REMEMBRANCE SUNDAY – 7 NOVEMBER 2021

The Parish Council is asked to set up a Task Group to commence work at the earliest opportunity on arrangements for Remembrance Sunday, 7 November 2021.

26 ANNUAL INSPECTION OF VINE TREE PLAY AREA

The Clerk has asked Northwich Town Council to quote for carrying out annual inspections of Vine Tree Play Area.

The Clerk has checked with ANSA and there is no binding arrangement between the Parish Council and ANSA which would prevent the Council from asking another provider to undertake this work.

27 EXCLUSION OF PRESS AND PUBLIC

The Council is invited to RESOLVE that in accordance with Paragraph 1 (2) of The Public Bodies (Admission to Meetings) Act 1960, the press and public be excluded from the meeting during consideration of the following items owing to the confidential nature of the business to transacted and the public interest would not be served in disclosing that information.

Note: The details of each of the following items have been omitted from the public agenda; a brief synopsis only has been provided.

28 140 MAIN ROAD, SHAVINGTON

(Reason for exclusion: Potential contract arrangements between the Borough Council and the Parish Council)

To discuss arrangements regarding the possible acquisition of 140 Main Road, Shavington, under the Asset Transfer scheme.

29 RECREATIONAL LAND IN THE PARISH

To report progress in respect of the potential identification of land in the parish which may be available for use as a general recreational area.

30 STAFFING MATTER

(Reason for exclusion: Relates to a member of staff and it is not in the public interest to publish details.)

To receive the Clerk’s report for information.

31 DATE OF NEXT MEETING

To be agreed.