Agenda and draft minutes

Apologies for absence were submitted on behalf of Councillors Booth, Clements and Sandie Dent.

Councillor Dawson acted as substitute representative for Councillor Booth.

There were no interests or dispensations declared at the meeting.

To submit the minutes of the Communities and Wellbeing Overview & Scrutiny Committee, held on 14^th July 2025, for approval as a correct record.

Recommended                     -   That the Minutes be received and approved as a correct record.

The Minutes of the meeting of Communities and Wellbeing Overview & Scrutiny Committee held on 14^th July 2025 were submitted for approval as a correct record.

Councillor Yates pointed out that Councillor Brereton had been in attendance at the previous meeting but omitted from the minutes.

Resolved                               -   That the Minutes be received and approved as a correct record, subject to the amendment, as set out in the minutes, above.

The Chair provides updates on the following issues:

a)    The Draft Climate Strategy & Action Plan

b)    Allotments Update

c)      Co-optee Vacancy

The Chair updated the Committee on the recommendations made at the last meeting, as follows:

a)    The Draft Climate Strategy & Action Plan

Three recommendations were made on the Draft Climate Strategy & Action Plan. 

The first recommendation was to request that Cabinet gave consideration to extending the Council’s climate fund, to facilitate the Council’s ability to achieve its net zero targets.  This recommendation had been submitted to the Cabinet held on 10^th September and agreed.

Updates were also provided on two further recommendations made under this item. 

The first referred to concern about the increasing number of empty commercial properties in Accrington Town Centre and the impact of these on the Council’s ability to achieve its net zero target.  The Committee was informed of how the Council dealt with empty properties and the challenges of managing them, as well as what action the Council had taken to provide businesses with opportunities to become more energy efficient.

Secondly, there had been a further recommendation to request consideration for carrying out a stock condition survey of property in the borough.  This was to provide the Council with detailed knowledge of the work required on properties to help it to reach its net zero target.  The Head of Regeneration and Housing had advised that the cost and resources to do this work would be extensive and consequently, there were currently no plans to undertake this work.

b)    Allotments Update

The Committee was provided with an update on the recommendations relating to the Allotments Review.  A recommendation referred to the budget and time constraints of the Regeneration Project Manager in managing the allotment sites.  The Committee was informed of the budget allocated to the position and how the role of the Manager was split between managing the allotments and ecology work.  They were informed that consideration would be given to how the allotment service could be best supported, taking budget constraints into account.

c)    Co-optee Vacancy

The Chair reported that the Overview & Scrutiny Officer had contacted Six Form Colleges in the borough and Accrington & Rossendale College to request that they advertised the vacant Co-optee position for a young person.  There had been no applications received via this advertisement, however, one application for the post had been received and would be considered later in the meeting.

The Committee are presented with reports on the Council’s strategies for dealing with flytipping and enforcement.

a)    A report submitted by the Head of Environmental Health (Environmental Health)

b)    A report submitted by the Head of Environmental Services (Waste Services)

Recommended                     -   That the comments and recommendations of the Committee be noted and actioned, as required.

Two reports were submitted to the Communities and Wellbeing Overview & Scrutiny Committee in relation to fly tipping, waste accumulation and enforcement.  One report was submitted by the Cabinet Portfolio Holder for Environmental Health, Councillor Melissa Fisher, supported by the Environmental Health Manager – Environmental Protection and dealt with fly tipping and the accumulation of waste on private land and the second report was submitted by the Cabinet Portfolio Holder for Waste Services, Councillor Steward Eaves, who was supported by the Head of Environmental Services and dealt with fly tipping and the dumping of waste on public land. 

The Committee was provided with statistical information from both departments and details on the enforcement policies used to remove fly tipped and accumulated waste, issue fixed penalty notices (FPNs) and prosecutions.

The Cabinet Portfolio Holder for Environmental Health, Councillor Fisher, referred Members to the report and responded to the questions submitted in advance by the Committee in respect of fly tipping, waste accumulation and enforcement on private land:

1.      Is the Fixed Penalty Notice amount fixed by statute or is there flexibility to vary this?

The limits for UK environmental crime fixed penalty notice (FPN) payments are set by a combination of national legislation and local authorities.  Legislation provides the framework by setting the maximum and minimum amounts that can be charged for specific offences, while local authorities choose to set their own penalty amounts within the legislative limits.

2.      What happens if a fine is not paid or the resident cannot afford to pay the fine?

Environmental Protection hasn’t issued any FPNs this year however, the legal process would need to be followed for non-payment.

3.      Does the amount of fly tipping correlate with the location of HMOs or has there been an increase in fly tipping around HMOs?

Some research had been done as evidence for Article 4, however, whilst officers could see if addresses were HMOs, they did not routinely overlay the information with Dirty Back Yards (DBY)/fly tipping locations.  There had been no correlation between fly tipping and HMOs identified.

4.      How quickly is the Council able to remove waste which is considered a risk to public health such as asbestos?

Environmental Protection investigate waste fly tipped on private land or waste within dirty back yards (DBY).  They visit to assess the waste, establish owner/occupier details, serve Notices on owners to remove waste (within a time limit of least 7 days), visit to check if the waste has been removed and arrange for its removal if not.  This could be a further 7-10 days and the cost would need to be recouped from the owner/occupier.

5.      Is there enough staff to support the need for enforcement action?

Yes

The Cabinet Portfolio Holder for Waste Services, Councillor Stewart Eaves, referred Members to the report and responded to the questions submitted in advance by the Committee in respect of fly tipping, waste accumulation and enforcement on private land:

1.      Is the Fixed Penalty Notice amount fixed by statute or is there  ...  view the full minutes text for item 172.

That the Head of Policy and Organisational Development, updates the Committee on crime and disorder and community safety.

Recommended                     -   That the comments and recommendations of the Committee be noted and actioned, as required.

The Cabinet Portfolio Holder for Community Safety, Councillor Clare Pritchard, submitted a report to update the Communities and Wellbeing Overview & Scrutiny Committee on the Community Safety Partnership.  Councillor Pritchard was accompanied by the Community Safey Manager who supported her in the presentation to Committee.

Councillor Prichard referred Members to the report and the three attached appendices, as below:

Appendix 1 – Hyndburn & Pennine CSP Structures 2024-25

Appendix 2 – Hyndburn District Profile 2025

Appendix 3 – Lancashire Strategic Assessment 2025-28

Members had submitted several questions, in advance of the meeting, to the Officer and Cabinet Porfolio Holder and responses were provided as below:

Why are the Ribble Valley and Pendle Borough Council’s not represented on the Community Safety Partnership?

Pendle are an unofficial partner and do attend the Pennine partnership meetings.  Ribble Valley are not part of the partnering due to resource.

Statistics show that women are at their most vulnerable to abuse when pregnant.  The Hospital Emergency Department has a process of dealing with maternity cases of concern so that issues of violence, domestic abuse, domestic homicide etc. are picked up and dealt with through a multiagency approach.  How do maternity vulnerabilities fit into the CSP priorities?

This is a public health priority as stats are rising.  HARV are an integral part of the CSP and work closely with our Public Health Colleagues and Victim Support in devising vulnerability markers to prevent this abuse and provide wraparound support throughout the entire pregnancy.  Hyndburn CSP attend the Lancs-wide DA forum where this rising issue is tabled for action and hold a local DA multi-agency partnership to expedite actions from the forum.

A Public Spaces Protection Order has been proposed for Accrington town centre, could you detail what the PSPO will cover and the consequences if it is breached.  Do they have enough Police resources to deal with the outcomes?

PSPOs can be used to restrict a broad range of activities.  Under Section 59 of the 2014 Act, local authorities must be satisfied on reasonable grounds, as listed in the Act.

The public determine this activity based upon survey results.

Breach of a PSPO is a criminal offence.  The penalty for breach of a PSPO can be a fixed penalty notice of £100.  A person committing an offence will have 14 days to pay the penalty.  However, if someone persistently breaches an order they could receive more formal action such as a Community Protection Warning/Notice of a Respect Order (nee ASBO).  Failure to comply with the order if prosecuted is an offence carrying a maximum fine of £1000. 

There will be no reliance on the Police to determine a breach.  The Council and the entire CSP partnership can report breaches including members of the public and businesses via the radio network we have amongst retailers within the town centre of Accrington. 

Could there be an extension of the PSPO to other town centres?

Yes

The Neighbourhood Boards are considering community safety in the town centre and, with funding  ...  view the full minutes text for item 173.

Recommended - That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following item, when it is likely, in view of the nature of the proceedings that there would otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Act specified in at the item

Resolved                -    That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following item, when it was likely, in view of the nature of the proceedings that there would otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Act specified at the following item.

(Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 1 – Information relating to an individual)

Committee are requested to give consideration, and make a recommendation to Full Council, in respect of the attached report for the vacant Co-optee position. 

Recommended                     -  That Committee make a recommendation to Full Council on the application for the vacant Co-optee position.

Exempt Information under the Local Government Act 1972, Schedule 12A, Paragraph 1 – Information relating to an individual

The Committee was requested to consider and make a recommendation to Full Council on the application submitted for the vacant co-optee position on the Communities and Wellbeing Overview & Scrutiny Committee.

Resolved                  -    That the Communities and Wellbeing Overview & Scrutiny Committee recommend that Full Council approve the application for the vacant co-optee position.