Agenda item

Called In Item: Water End Cycle Scheme Evaluation

To consider the decisions made by the Executive Member for City Strategy on 1 June 2010 with regard to the above item, which have been called in by Councillors Douglas, King and Scottin accordance with the provisions of the Council’s Constitution.  A cover report is attached setting out the reasons for the call-in and the remit and powers of the Scrutiny Management Committee (Calling In) in relation to the call-in procedure, together with the original report to and decisions of the Executive Member.

 

Note: The annexes to the original report to the Executive Member have been made available on-line only and are not included in the agenda pack or the printed copies.  Copies may be obtained from Democratic Services if required.

Minutes:

The Committee considered a report which asked them to consider the decisions made by the Executive Member for City Strategy on 1 June 2010 following on from the outcome of the Water End cycle scheme and the effectiveness of the scheme in encouraging increases in cycling levels. 

 

Details of the Executive Member’s decisions were attached as Annex 1 to the report. The original report to the Executive Member Decision Session was attached as Annex 2. The decisions had been called in by Councillors Douglas, King and Scott on the grounds that:

 

 

“The Executive Member misdirected himself

·        He failed to approach the report objectively and to make proper enquiries of the Officers

·        He failed to consider the definition of a "success" of the cycling scheme

·        He failed to consider whether the traffic implications of the cycling scheme are proportionate and legitimate consequence of the scheme

·        He failed to take any positive action to alleviate the problems identified by residents of Westminster Road and the Avenue

·        He failed to honour his commitment to re-instate the left hand turn lane at the Clifton Green Junction as promised at the City Strategy EMAP of October 2008

·        He failed to consider the reputational issues identified in the report to the City Strategy EMAP of October 2008 and to take steps to resolve them.

 

The Executive Member has pre-determined his response to the Scrutiny Committee report before it has been before the Executive Committee.

 

The Executive Member has reached a decision that no reasonable Executive Member could have reached.”

 

Members were invited to decide whether to confirm the decisions of the Executive Member (Option A) or to refer them back to the Executive for reconsideration (Option B).

 

Representations were heard from a resident of Westminster Road who referred to the dramatic increase in traffic on Westminster Road/The Avenue following changes made by the Council at the Water End junction.  He referred to recommendations in the Highway Design Guide and requested Members to support point closure without delay, which the majority of residents supported to improve conditions for local residents.

 

Councillor Scott then firstly addressed the meeting on behalf of the Calling-In members. He referred to a report to the October 2008 EMAP when a commitment had been given to undertake traffic studies and reinstate the Water End junction if rat running became a problem. He therefore requested point closure with a rising bollard to avoid further disruption to local residents. Another ‘calling in’ member, Cllr King then addressed the meeting before Cllr Pierce outlined the views of the Scrutiny Task Group on Water End, as the Chair.

 

Cllr Merrett moved, and Cllr Simpson-Laing seconded, that Option B be approved and Resolutions 5i) to iv) (Water End Cycle Scheme) referred back to the Executive with a recommendation that the Executive Member be asked to: confirm the terms under which he considered the Water End cycle scheme a success and to reconsider resolutions ii) to iv) in the light of the emerging final report of the Councillor Call for Action Task Group. On being put to the vote, this proposal was declared CARRIED.

 

Members then raised significant concerns that resolution v) had, in effect pre-empted the Executives consideration of the final CCfA Task Group report and recommendations.  Concerns were also raised about the need to ensure the safety of cyclists turning right at Clifton Green through traffic at the Water End junction.

 

Cllrs Merrett and Simpson-Laing moved and seconded a proposal not to refer back resolution v) specifically to enable the Executive to give its full consideration to the final report of the Scrutiny Task Group on 6 July 2010 formally under the constitutional process. In addition they proposed that this meeting formally minuted its concerns regarding the Executive Members decision to indicate, prematurely, his views on the ‘Water End’ Scrutiny Task Groups recommendations. Those proposals were put to the vote and agreed

 

 

RESOLVED:   i)        That Option B be approved and resolutions 5 i) to iv) be referred back to the Executive with a recommendation that they request the Executive Member to:

 

·        Confirm the terms under which he considered the Water End Cycle scheme a success as referred to in resolution i) of the minutes of the City Strategy Executive Member Decision Session;

 

·        Reconsider the decisions in the light of the emerging final report of the Councillor Call for Action Task Group and specifically to indicate how resolution ii) would  address the consequences for residents of Westminster Road and The Avenue.

 

ii)                  That resolution v) be not referred back but this Committee express its strong concern that in effect the Executive Member had pre-empted the proper constitutional and full consideration by the Executive of the final CCfA Task Group report and recommendations, on 6 July 2010.

 

 

REASON:               In accordance with the requirements of the Council’s calling-in procedure and the reasons given for the calling-in.

Supporting documents:

 

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