{meta} 10 June 2022 - 24 June 2022

Decisions

In accordance with the constitution, the council publishes decisions taken by the City Mayor, Deputy City Mayors and Lead Members. Use the search options at the bottom of the page to find information regarding decisions taken at executive meetings after 24 January 2017.

Details of previous decisions are available as follows:

Officer decisions are not subject to call-in, however during the period of five working days from the publication of a decision taken by the City Mayor, Deputy City Mayors or a Lead Member, a request to 'call-in' a decision may be made by either:

Requests for call-in are only used in exceptional circumstances and if a decision is not called-in, it becomes effective at 4pm on the fifth working day following publication.

Decisions published

23/06/2022 - Review of the Highway Inspection and Repair Code of Practice. ref: 1134    Recommendations Approved

Decision Maker: Lead Member for Planning and Sustainable Development

Made at meeting: 23/06/2022 - Lead Member for Planning and Sustainable Development

Decision published: 24/06/2022

Effective from: 02/07/2022

Decision:

Salford City Council - Record of Decision

 

I, Councillor Mike McCusker, Lead member for Planning, Transport & Sustainable Development, in exercise of the powers contained within the Council Constitution, do hereby:

 

Approve the revisions contained within the Highway Inspection and Repair Code of Practice v4.00.

 

The Reasons are:

The current Salford City Council’s Code of Practice for Highway Inspection and Repair has been in operation since April 2020. It is recommended that regular reviews are undertaken to ensure that up to date guidance is included. It has been agreed across the Association of Greater Manchester Authorities Highway Asset and Infrastructure Group that each Authority shall review its own Code of Practice every two years.

 

Options considered and rejected were:  

None

 

Assessment of Risk:

Low – The Highway Inspection and Repair Code of Practice V4.00  aligns to the “Approved Greater Manchester Highway Safety Inspection Framework” taking into account local considerations and the “Well Managed Highways Infrastructure” document. The revisions made within The Highway Inspection and Repair Code of Practice V4.00  further enhance the recommendations to undertake the inspection service implementing a risk-based approach.

 

The source of funding is:

N/A

 

Legal Advice obtained: Helen Chapman, Solicitor, Physical Infrastructure Group.

 

LEGAL FRAMEWORK

 

Section 41 of the Highways Act (duty to maintain the highways) is an absolute duty. It is not merely a duty to take reasonable care, but it is also to maintain the highway to objective standard. It includes the duty to repair, but only in accordance with the present use and type of the road. This means that if the ordinary traffic on a certain road expands or changes in character, so must the nature of the maintenance and repair of the highway should alter to suit the change.   

 

The courts have found that not every defect in the highway that has caused an accident will be found to represent a failure to maintain to the required standard. The duty to maintain under section 41 is to be distinguished from other responsibilities, as for example to remove obstructions from the highways or tree branches etc. An icy patch in winter for an occasional flooding is not in itself evidence of a failure to maintain. The maintenance of the drainage system for a highway is as much an aspect of the maintenance of the highway as is the maintenance of the surface.  

 

Section 58 of the Act provides the local authority's statutory defence to any claims under section 41 of the Act, the defence is that the Highway Authority has taken such care as in all circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous to traffic (this includes pedestrians and animals). In assessing whether such care has been taken in any case, the court must have regard to the matters specified in subs (2), i.e.

 

(a)  the character of the highway, and the traffic which was reasonably expected to use it.

(b)  the standard of maintenance appropriate for a highway of that character and used by such traffic.

(c)   the state of repair in which a reasonable person would have expected to find the highway.

(d)  whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway.

(e)  where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed.

 

This section enables a Highway Authority to rely upon the fact that it has taken reasonable care and the onus establishing it rests upon the authority

 

Financial Advice obtained: Alison Woods, Senior Accountant, (Planning & Transport).

There are no financial implications as the revised Code of Practice will be delivered within existing available resources and there are no resultant savings or additional costs from the proposed change in practice.

 

Procurement Advice obtained:

Not applicable for this report.

 

HR Advice obtained:

Not applicable for this report.

 

Climate Change Advice obtained:

Not applicable for this report.

 

The following documents have been used to assist the decision process:

·         Appendix One - “Salford City Council Highway Inspection Code of Practice v4.00” document

·         Appendix Two - “Approved Greater Manchester Highway Safety Inspection Framework” document

·         Appendix Three - “Well Managed Highways Infrastructure” document

·         Appendix Four A - Inspection Regime Template (Risk Assessment to determine changes in the Inspection Frequency)

·         Appendix Four B - High Footfall Routes (Designated to Prestige Walking Zones)

  • Appendix Five- CIA (Equality Impact Assessment) Initial Screening Document 2018

 

Contact Officer: Steve Mangan                               Tel No: 0161 603 4034

 

This decision is not subject to consideration by another Lead Member.

 

The appropriate scrutiny panel to call-in the decision is the Growth & Prosperity Scrutiny Panel.

 

 

 

Signed: Councillor McCusker                                    Date: 23rd June 2022

Lead Member for Planning, Transport & Sustainable Development

 

 

FOR DEMOCRATIC SERVICES USE ONLY

 

This decision was published on 24th June 2022.

 

This decision will come into force at 4.00 p.m. on 1st July 2022, unless it is called-in in accordance with the decision-making process rules.

 


14/06/2022 - Local Authority Day Nurseries Fee Increase ref: 1132    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 14/06/2022 - Cabinet

Decision published: 23/06/2022

Effective from: 01/07/2022

Decision:

Salford City Council - Record of Decision (Cabinet)

 

I Councillor John Merry, Deputy City Mayor, in exercise of the powers contained within the City Council Constitution do hereby approve:

 

The increase of 5% in Nursery fees for the Local authority nurseries from the 1st September 2022, in addition I agree to an annual increase of the Local Authority Nursery fees at the rate of retail price index plus 1% per year with a cap of 5%.

The Reasons are:

To ensure the Local Authority Nursery’s fees track in line with Salford market rates, providing maximised income generation to support the ongoing cost increases in providing childcare however still providing affordable child care

Options considered and rejected were:  

To increase the fees at retail price index, accumulation for 2019 (2.6%), 2020 (1.5%), 2021 (4.1%)  This is a total 8.41 across all the fees

 

Assessment of Risk: Low

The source of funding is: Generation of fees

Legal Advice obtained:

Yes - the cost of childcare provision varies markedly throughout the country. The recommended proposal will ensure that nursery provision in local authority nurseries in Salford is maintained at a reasonable cost to enable access by parents, thereby complying with the Council’s statutory duties.  

Financial Advice obtained:

Yes - To aid the sustainability of the LA nurseries finance is in full support of the proposed fee increase. Fees have remained frozen for 2 years. The nurseries are funded partly by the DSG Central Schools block and partly through income received from fees. The additional funding will be managed as part of the overall funding within the Central Schools Block.

Equality Impact Assessment And Implications:

 

An Equality Impact Assessment has been undertaken in respect of these proposals.  This Assessment has examined the impact of the proposed fee increase on families using the service (and potential new users) through analysing service user data and comparing average nursery fees across the UK and wider Salford market. It also seeks to identify any potential mitigations that need to be put in place including identified available support for families that might need it.

 

The Assessment has found that while any fee increase may add to the financial pressures experienced by families using the service, there is no identifiable disproportionate impact on any one protected group more than others.

 

The average nursery fees across Great Britain average at £252.07, northwest average £214.37 and the Salford average £203.00, These are higher than the proposed fee increase for the Local Authority Day Nurseries, thus offering an option of greater affordability in comparison. 

 

Procurement Advice obtained: N/A

HR Advice obtained: N/A

Climate Change Advice obtained: N/A

 

The following documents have been used to assist the decision process:

Report of the Strategic Director for Children Services; Fee increase for Local authority day nurseries (14th June 2022), Equality Impact Assessment (14th June 2022)

Contact Officer:  Rebecca Bibby                          

Telephone number: 0161 778 0318

 

-       The appropriate scrutiny to call-in the decision is the Children’s Scrutiny Panel    

-        

Signed:        J. D. Merry                                                 Dated: 22.06.22                      

Councillor John Merry - Deputy City Mayor

 

For Democratic Services use only

 

This decision was published on   23.06.22                                           

This decision will come in force at 4.00 p.m. on 30.06.22                                                   unless it is called-in in accordance with the Decision Making Process Rules.

 


17/06/2022 - L A Governor Appointments ref: 1131    Recommendations Approved

Decision Maker: Lead Member for Children's and Young People's Services Briefing

Made at meeting: 17/06/2022 - Lead Member for Children's and Young People's Services Briefing

Decision published: 20/06/2022

Effective from: 28/06/2022

Decision:

Salford City Council - Record of Decision

 

I Councillor Jim Cammell, Lead Member for Children’s and Young People’s Services, in exercise of the powers contained within the Elected City Mayor’s Register of Executive Functions delegated to Lead Members and under the School Governance (Constitution) (England) Regulations 2012, do hereby:

1.    Nominate for appointment as LA Governors to the governing boards the following individuals:

  •  Ms Asma Hughes – St Gilbert’s RC Primary School
  •  

2.    Nominate for re-appointment as LA Governors to the governing boards the following individuals:

  • Councillor W Nkurunziza – St Georges C of E Primary School

 

3.    LA Governor Vacancies requiring nominees from the LA.

There are currently LA governor vacancies on the following governing boards:

  • Holy Cross and All Saints RC Primary School
  • Mesne Lea Primary School
  • North Walkden Primary School
  • Bridgewater Primary School

 

The Reasons are;- Under The School Governance (Constitution)(England) Regulations 2012, although Local Authority (LA) Governors are appointed by the governing board, the LA are still required to nominate prospective candidates and have to ensure the procedures they have adopted for selecting their nominees meet the requirements of the statutory guidance ‘The constitution of governing bodies of maintained schools – statutory guidance for governing bodies of maintained schools and local authorities in England.

 

Options considered and rejected were N/A

Assessment of Risk N/A

The source of funding is N/A

Legal Advice obtained N/A

Financial Advice obtained N/A

Procurement advice obtained N/A

HR Advice obtained N/A

 

The following documents have been used to assist the decision process.

·         The School Governance (Constitution) (England) Regulations 2012

·         ‘The constitution of governing bodies of maintained schools – statutory guidance for governing bodies of maintained schools and local authorities in England.

·         Nominee’s application forms (where appropriate).

Any comments and submissions by the chairs of the governing boards under consideration.

Contact Officer:  Dumolwenkosi Moyo  (Governor Services Officer r)

Tel No 0161 778 0265

 

 

This decision is not subject to consideration by another Lead Member/ Director

X

 

 

 

 

The appropriate scrutiny panel to call-in the decision is the Children’s Scrutiny Panel.

 

 

 

 

 

 

Signed: Councillor Jim Cammell  Dated: Friday, 17th June 2022                                                 

            Lead Member for Children’s and Young People’s Services

 

 

FOR DEMOCRATIC SERVICES USE ONLY

 

* This decision was published on  Monday, 20th June 2022                                              * This decision will come in force at 4.00 p.m. on Tuesday, 28th June 2022 unless it is called-in in accordance with the Decision Making Process Rules.

 

 

 

 

 


27/05/2022 - City of Salford (Chapel Street, Salford) (Prohibition of U-Turn, Right Turn and Left Turn with Exemption for Cyclists) Order 2022. ref: 1129    Recommendations Approved

Decision Maker: Lead Member for Planning and Sustainable Development

Made at meeting: 27/05/2022 - Lead Member for Planning and Sustainable Development

Decision published: 14/06/2022

Effective from: 22/06/2022

Decision:

Salford City Council - Record of Decision

 

I, Councillor McCusker, Lead Member for Planning, Transport and Sustainable Development, in exercise of the powers contained within the Council Constitution do hereby:

 

Authorise the making of the Traffic Regulation Order below, in the modified form, as set out in the report:

 

City of Salford (Chapel Street, Salford) (Prohibition of U-Turn, right turn and left turn

with exemption for cyclists) Order 2022

 

The Reasons are:

That the necessary action be taken under the Road Traffic Regulation Act 1984 to advertise the intention to make the Traffic Orders to introduce: ‘City of Salford (Chapel Street, Salford) (Prohibition of U-Turn, right turn and left turn with exemption for cyclists) Order 2022’ to create safer environment for pedestrians and cyclists in the area and to compliment a scheme on New Bailey Street increasing reliability of the bus services.

 

Options considered and rejected were:

 

The development of the scheme has been informed by traffic modelling of the junction carried by Transport for Greater Manchester to assess the likely impact of the scheme on traffic at the junction.  The modelling compared the modelled traffic conditions associated with the current layout with those that would result from the preferred layout. Options have also been considered as part of design discussions with TfGM’s Urban Traffic Control (UTC) team.

 

A number of options were explored and appraised which resulted in a preferred option to be progressed to design and implementation. This included consideration of the key physical and programme constraints relating to physical constraints within the envelope of the junction and timing of other works taking place on the wider traffic network and works being carried out by Network Rail and developers in the vicinity of New Bailey Street. It also reviewed the design against national cycle infrastructure design standards (Local Transport Note LTN 1/20).

 

During the meeting the option of not introducing the prohibition of left turn onto Bloom Street was considered, however it was pointed out that that this would have a significant impact on the ability of the scheme to meet its stated objectives. Without the introduction of a left turn ban, there would be a reduction in provision for pedestrians and public realm improvements with a narrower footway and longer crossing distances. The layout would maintain the safety risk for cyclists as the dangerous left ‘hook’ manoeuvre would still exist. In addition, the signal timings would need to be revisited which would impact on the operational efficiency of the junction and journey times for public transport on Salford’s key bus corridor.  

 

The source of funding is:

Growth Deal 2 funding and secured S106 contributions

 

Assessment of Risk:

The restrictions will be signed in accordance with the Traffic Signs Manual and Traffic Sign Regulations and General Directions. (TSRGD 2016).

 

Legal Advice obtained: 

The Council, by virtue of the Road Traffic Regulation Act 1984 can introduce orders to manage traffic. Where Traffic Regulation Orders are required, they should not give rise to any particular legal implications provided the works and procedures are carried out in accordance with the relevant statutory requirements, which would include the consideration of any objections to a proposed TRO.

 

Financial Advice obtained:     

The proposed scheme will be funded from the Growth Deal 2 funding and secured S106 contributions.

 

Procurement Advice obtained:

There are no procurement implications contained within this report.

 

The following documents have been used to assist the decision-making process:

Lead Member Report.

 

Contact Officer: 

Robert Owen              Tel No. 0161 779 4848
Judyta Hands

 

This decision is not subject to consideration by another Lead member.

 

The appropriate scrutiny panel to call-in the decision is the Growth & Prosperity Scrutiny Panel.

 

 

Signed: Councillor McCusker                                                Dated: 27th May 2022

Lead Member for Planning, Transport & Sustainable Development

 

 

FOR DEMOCRATIC SERVICES USE ONLY

 

This decision was published on 14th June 2022.

 

This decision will come into force at 4.00 p.m. on 21st June, unless it is called-in in accordance with the decision-making process rules.

 

 


13/06/2022 - Liverpool and Kara Streets, Weaste and Seedley ref: 1128    Recommendations Approved

Decision Maker: Property / Regeneration Briefing

Made at meeting: 13/06/2022 - Property / Regeneration Briefing

Decision published: 13/06/2022

Effective from: 21/06/2022

Decision:

Salford City Council - Record of Decision

Acquisition of Dwellings at Liverpool Street and Kara Street, Salford

 

I, Councillor Tracy Kelly, Deputy City Mayor, in exercise of the powers contained within the City Council constitution do hereby:

 

1.    Approve the acquisition of a further 8 dwellings (subject to funding) at Liverpool Street and Kara Street, Salford on terms and conditions provisionally agreed.

 

2.    Authorise the Shared Legal Service to complete all necessary documentation and to take all steps which are required to give effect to the above recommendations.

 

The Reasons are to progress the regeneration of the area and the acquisition will enable the Council as Landlords to gain control of an apartment block making property and tenancy management more effective, whilst improving the tenants’ experience.

 

Assessment of Risk: Low

 

The source of funding is:    Not Applicable

 

Legal Advice Obtained: Yes - Michelle Brice, Solicitor

Financial Advice obtained: Yes - Chris Mee, Strategic Finance Manager

 

The following documents have been used to assist the decision process:

Public briefing report submitted to Property/Regeneration Briefing on 13 June 2022

 

Contact Officer:  Bhav Chauhan               Tel No 0161 779 6101

 

This decision is not subject to consideration by another Lead Member/Strategic Director

The appropriate scrutiny committee to call-in the decision is the Growth and Prosperity Scrutiny Panel.

 

 

 

Signed: Councillor Tracy Kelly

Deputy City Mayor

Date: 13 June 2022

 

 

*           This decision was published on Monday 13 June 2022.

*           This decision will come in force at 4.00 pm on Monday 20 June 2022  unless it is called-in in accordance with the Decision Making Process Rules.

 

 

 


13/06/2022 - Trafford Road Improvements - MCF Funding ref: 1127    Recommendations Approved

Decision Maker: Property / Regeneration Briefing

Made at meeting: 13/06/2022 - Property / Regeneration Briefing

Decision published: 13/06/2022

Effective from: 21/06/2022

Decision:

Salford City Council - Record of Decision

I, Councillor Tracy Kelly, Deputy City Mayor, in exercise of the powers contained within the City Council constitution do hereby approve the release of additional Mayor’s Challenge Fund (MCF) grant allocated to the Trafford Road Improvements project, to be drawn down on by the NEC Project Manager in consultation with the project team, to make further payments for the construction of the works.

The Reasons are the project budget has been increased by the allocation of £2.422m additional MCF funding.  Approval is now given to draw down on that additional funding to meet committed and forecast expenditure for delivery of the project.

 

Options considered and rejected were: None

 

Assessment of Risk:

High - Funding for the project has already been committed.  Growth Deal funds and the original MCF funds have both been expended and reclaimed from GMCA.  The additional MCF funds will be reclaimed in 2022.  The forecast final expenditure and funding remains to be confirmed following recent Compensation Event notices.

 

The source of funding is:

Grant funding - Mayor’s Challenge Fund (MCF)for Cycling and Walking Schemes

 

Legal Advice obtained: Yes Tony Hatton, principal Solicitor, Shared Legal Service

 

Financial Advice obtained: Yes Natalie Birchall, Senior Accountant

 

Procurement Advice obtained: Yes Heather Stanton, Category Manager

 

HR Advice obtained: Not applicable

 

Climate Change Advice obtained: Yes Richard Tindall, principal Engineer

 

The following documents have been used to assist the decision process:

The report of the Strategic Director of Place submitted to Property and Regeneration Briefing held on 13 June 2022

 

 

Contact Officer:        Chris Smith, Head of Infrastructure                     

Tel:  0161 779 4893

 

This decision is not subject to consideration by another Lead Member.

The appropriate scrutiny to call-in the decision is the Growth and Prosperity scrutiny panel                   

 

 

Signed: Councillor Tracy Kelly

Deputy City Mayor

Date: 13 June 2022

 

*           This decision was published on Monday 13 June 2022.

*           This decision will come in force at 4.00 pm on Monday 20 June 2022 unless it is called-in in accordance with the Decision Making Process Rules.

 


13/06/2022 - Swinton Greenway - Section 106 Contribution Investment ref: 1126    Recommendations Approved

Decision Maker: Property / Regeneration Briefing

Made at meeting: 13/06/2022 - Property / Regeneration Briefing

Decision published: 13/06/2022

Effective from: 21/06/2022

Decision:

Salford City Council - Record of Decision

 

I, Councillor Tracy Kelly, Deputy City Mayor, in exercise of the powers contained within the City Council constitution do hereby approve the proposed expenditure of £839,357.27 of Section 106 contributions towards the Swinton Greenway project.

 

The Reasons are the Swinton Greenway project which will provide significant off-road pedestrian and cycling enhancements to the linear route of 5.2km from Swinton to Monton including some highway junction improvements. The above approval will allow and enable the project to proceed.

Options considered and rejected were: None

 

Assessment of Risk:

Low - Developers can seek to legally challenge the city council to claim back Section 106 monies if not used on a scheme that mitigates the impacts of that development and/or spent in line with the requirements of the Section 106 agreement.

The source of funding is £839,357.27 of secured Section 106 contributions

A significant amount of match section 106 funding totalling £1,075,000 will be made available to this project from several agreements locally. This is the third and final approval report for the balance of the city council’s match contribution. The total cost of the Swinton Greenway project is expected to be £5.95m, with the remainder of the funding coming from MCF (TfGM Grant Funding).

 

Legal Advice obtained: Yes The Section 106 contributions can only be invested into the mitigation of open space and public realm in accordance with the respective Section 106 agreements. This project is an appropriate use of the funding.

 

Financial Advice obtained: Yes Alex Archer, Finance Manager

 

Procurement Advice obtained: Not applicable

 

HR Advice obtained: Not applicable

 

Climate Change Advice obtained: Yes Mike Hemingway, Principal Officer, Climate Change

 

The following documents have been used to assist the decision process:

  • The report of the Strategic Director of Place submitted to Property and Regeneration Briefing held on 13 June 2022
  • Swinton Greenway Proposals Plan

 

 

Contact Officer:       

Steve Davey, Section 106 And Policy Officer                 Tel: 0161 793 3762

Matthew Mollart, Senior Engineer                                    Tel: 0161 779 6184

 

 

This decision is not subject to consideration by another Lead Member.

The appropriate scrutiny to call-in the decision is the Growth and Prosperity Scrutiny Panel                  

 

 

Signed: Councillor Tracy Kelly

Deputy City Mayor

Date: 13 June 2022

 

*           This decision was published on Monday 13 June 2022.

*           This decision will come in force at 4.00 pm on Monday 20 June 2022 unless it is called-in in accordance with the Decision Making Process Rules.

 


13/06/2022 - Walkden Park and Ride ref: 1125    Recommendations Approved

Decision Maker: Property / Regeneration Briefing

Made at meeting: 13/06/2022 - Property / Regeneration Briefing

Decision published: 13/06/2022

Effective from: 21/06/2022

Decision:

Salford City Council - Record of Decision

 

I, Councillor Tracy Kelly, Deputy City Mayor, in exercise of the powers contained within the City Council constitution do hereby:

 

  1. Note the progress in developing the Walkden Park & Ride project and the timescales for delivery.

 

  1. Approve the transfer of £585,149.84 of Growth Deal Grant funding held by Salford City Council to Transport for Greater Manchester (TfGM), for the delivery of the Walkden Park & Ride project.

 

  1. Give delegated authority to the Strategic Director Place and City Solicitor to enter into the necessary collaboration/delivery agreements with TfGM, and the Chief Finance Officer to make the funding transfer.

 

The Reasons are TfGM will be leading the implementation of the Walkden Park and Ride project in conjunction with Salford City Council.  The project will improve cycling accessibility to the station and provide off street car parking for 107 vehicles.

 

Salford City Council is currently holding £585,149.84 of Growth Deal grant awarded to the city for the delivery of the Walkden Park & Ride scheme.  TfGM are the lead organisation for delivery of the project and as such require the grant to be in their account to progress implementation of the scheme.  In addition, a collaboration agreement between SCC and TfGM is necessary as TfGM are delivering the project on behalf of SCC and which the above approvals will allow and enable the project to proceed.

Options considered and rejected were: None

 

Assessment of Risk:

Low: TfGM are managing costs and project delivery directly.

The source of funding is: £585,149.84 of Growth Deal Grant funding.

 

Legal Advice obtained: Yes Tony Hatton, Principal Solicitor, Shared Legal Service

 

Financial Advice obtained: Yes Natalie Birchall, Senior Accountant

 

Procurement Advice obtained: Not applicable

 

HR Advice obtained: Not applicable

 

Climate Change Advice obtained: Yes Lee Evans, Transport Engineer

 

The following documents have been used to assist the decision process:

The report of the Strategic Director of Place submitted to Property and Regeneration Briefing held on 13 June 2022

 

 

Contact Officer:        Lee Evans, Transport Engineer

E-mail:lee.evans@salford.gov.uk

 

This decision is not subject to consideration by another Lead Member.

The appropriate scrutiny to call-in the decision is the Growth and Prosperity scrutiny panel                   

 

 

Signed: Councillor Tracy Kelly

Deputy City Mayor

Date: 13 June 2022

 

*           This decision was published on Monday 13 June 2022.

*           This decision will come in force at 4.00 pm on Monday 20 June 2022 unless it is called-in in accordance