Agenda and minutes

The Mayor welcomed everyone to the meeting.  He commented that this would be his last full meeting in the role of Chair and that the time had flown by.  He was pleased to report that he had thoroughly enjoyed his year as Mayor.  The office had allowed him to see the very best of Hyndburn, including the voluntary work undertaken and the efforts of community champions.  Numerous organisations and individuals were striving to make Hyndburn a better place to live and work.

Apologies for absence were submitted on behalf of Councillors Stephen Button, Andrew Clegg, Shabir Fazal OBE, Marlene Haworth and Clare McKenna.

Councillors Danny Cassidy and Melissa Fisher both declared a personal interest in Agenda Item 6 – Appointments to Outside Bodies, in the light of their appointment as a trustees of Carers Link Lancashire.

Councillor Andy Gilbert declared a personal interest in Agenda Item 6 – Appointments to Outside Bodies, due to his involvement with Carers Link Lancashire.

Councillors Loraine Cox, Paul Cox, Zak Khan and Mohammed Younis declared a dislcosabe pecuniary interest in Agenda Item 8 – Council Tax Empty Property Liability Policy, in the light of their possible exposure to this policy, as the landlords of rented properties in the Borough,

Councillor Noordad Aziz declared a personal interest in Agenda Item 11 – Matters Exempted from the Call-In Procedure, due to his membership of the Board of Hyndburn Leisure, that organisation being the subject of the decision exempted from call-in.

There were no declarations of dispensations submitted.

a)    Mayor

b)    Leader of the Council

c)    Chief Executive

The Mayor made the following announcements:

1)         Lancashire Constabulary

The Mayor announced that he had recently visited Greenbank, East Divisional Police HQ, at Whitebirk, Blackburn, to meet the new Inspector for Hyndburn, Mohammed Lorgat.  There had been a frank and productive exchange of views.  The Mayor had noted how important the role of councillor was in supporting the maintenance of law and order.  He had personally been in touch with the Police on several occasions to report local issues and concerns.  Councillors were in a unique position to act as the eyes and ears of the community in their wards and, accordingly, could help gather intelligence for the Police.

The Council had built a good relationship with the previous Inspector and Members were pleased to welcome the new Inspector to this role.

The Leader of the Council then made the following announcement:

2)         Devolution and Local Government Reorganisation

The Council’s initial response to the Government’s proposals had been submitted in January following the report presented at the January Council meeting.  A further submission had been made in March by Lancashire County Council, the two unitary authorities in the Lancashire area and the 12 district councils.  All of the authorities had agreed to the content of the submission, which highlighted that they would work together to identify the best way forward.  A response had been received from the Jim McMahon OBE MP, Minister for Local Government and Devolution, expressing thanks to those councils for their submission and looking forward to the detail of the proposals.  The letter indicated that the Ministry of Housing, Communities and Local Government (MHCLG) would provide some formal feedback on 28^th April 2025 and would begin to hold meetings with local leaders in May to discuss the initial proposals.

David Welsby, Chief Executive, then made the following announcement:

3)         Town Centre Partnership Board

The Town Centre Partnership Boardhad met earlier today.  This was the body established to lead the planning and delivery of improvements in Accrington Town Centre.  The independent chair of the Board, David Sanderson, had announced that he would step down from this role.  He had provided exemplary leadership during this tenure and throughout his earlier service on the Accrington Town Centre Stakeholder Group.  Mr Sanderson also intended to resign from his employment as Chief Executive of the Rank Foundation to allow him to focus on charity work in Africa.

Members agreed to request the Mayor to write to Mr Sanderson to express the Council’s thanks for his hard work on behalf of Hyndburn.

To confirm as correct, the minutes of the Council meeting held on 27^th February 2025.

The Minutes of the Council meeting held on 27^th February 2025 were provided.

In respect of Minute 367 – General Revenue Fund, Budget, Council Tax Levels and Capital Programme, at Section d) - Council Tax Resolution, under the Sub-Heading – The Substantive Motion, Councillor Smithson reminded Members that had asked for details about a number of projects, one of which (not minuted directly) had been about the proposed restoration works at war memorials.  He now requested a reply about this matter.  Councillor Walsh undertook to provide a written response.

Councillor Smithson reminded Members that he had also mentioned skip days under the same Minute.  He now commented that there was no data available to confirm the effectiveness of skip days and noted that a number of planned dates had recently been cancelled.  Councillor Eaves responded that that the skip contractor, SUEZ, had indicated that its drivers had only undertaken weekend work on a voluntary basis, which was proving difficult to sustain.  The options available were to switch to a service during the drivers’ normal working hours from 6am to 3pm on weekdays, or to procure a new provider for the weekend service.

In connection with Minute 362 – Confirmation of Minutes, Councillor David Heap reminded Members that he had asked for information about when the work at King George V Playing Fields would commence.  No details had yet been received.  He also mentioned that he had asked a similar question at a recent meeting of the Resources Overview and Scrutiny Committee.  The officers present had responded that no specific work was yet programmed and the Council had not yet let any tender.   Councillor Whitehead undertook to reply directly to Councillor Heap.

Resolved                                    -    That the Minutes of the Council meeting held on 27^th February 2025 be approved as a correct record.

To deal with any questions submitted under Council Procedure Rule A2.2(vi).

Two eligible questions have been received (report attached).

Two eligible questions had been received, which were set out in the report.

1)      Oswaldtwistle Civic Theatre

To the Leader of the Council (Councillor Munsif Dad BEM JP) or relevant Portfolio Holder

Submitted by Sarah Calderbank on behalf of Friends of the Civic Committee

“The Friends of the Civic were pleased to hear at the last full Council meeting that there is a definite commitment to reopening the Civic.  We think that it is really positive that a further £250,000 has been added to the £257,000 which was carried over from the previous financial year.  This £500,000+ will help to make a good start on the necessary renovations.  The committee, and the wider public group, would like to ask the relevant Councillor(s) what the plans are, in terms of what that budget will be spent on and what the timeline will be for spending it, with particular reference to when the building will be made water tight, as this is a matter of urgency to prevent further damage, decay and expense.?”

Response

The Leader thanked Ms Calderbank for her question.  The Council had now appointed a company to arrange for a specialist survey of the roof.  The work was due to commence on 1^st April 2025.  The same company would then develop the detailed specification and procure an appropriate contractor to undertake any remedial works.  It was envisaged that the repairs would start in late June with a proposed completion date of October 2025, subject to weather considerations and to no unforeseen problems being identified.   Some grant money would be available for this work as detailed in a report to the Cabinet yesterday.  In addition to the above, some dry rot investigations had taken place and dehumidifiers would be installed to tackle this issue.  Overall, the project to reopen the Theatre was progressing well.

2)      Rhyddings Park in Oswaldtwistle

To the Leader of the Council (Councillor Munsif Dad BEM JP) or relevant Portfolio Holder

Submitted by Councillor Steven Smithson

“What is the current status of the refurbishment play area project at Rhyddings Park in Oswaldtwistle.”

Response

The Leader invited the Portfolio Holder to reply, following which Councillor Whitehead thanked Councillor Smithson for his question.  A tender exercise had been completed, with a contractor now appointed and the new play equipment ordered.  Phase 1 of the work was due to commence in April 2025, with Phase 2 planned to start around July 2025.

A request has been received from the Controlling Group to change the Council’s  Trustee on Carer’s Link Lancashire, an outside body to which the Council makes an annual appointment.

The Council is invited to agree to the stepping down of Councillor Clare Yates and to the appointment, in her place, of Councillor Andy Gilbert.   The Charity are supportive of this proposed change.

A request had been received from the Controlling Group to change the Council’s Trustee on Carers Link Lancashire, an outside body to which the Council made an annual appointment.

The Council was invited to agree to the stepping down of Councillor Clare Yates and to the appointment, in her place, of Councillor Andy Gilbert.  The Charity had indicated its support for the proposed change.

The Mayor reminded Members that the Council had a duty under s16 Local Government and Housing Act 1989 to give effect to the wishes of the relevant political group when considering nominations to seats allocated to that party.

Resolved                                   -    To approvethe nomination of Councillor Andy Gilbert, in place of Councillor Clare Yates, as a Trustee on Carers Link Lancashire

Members are invited to consider nominations received for the positions of Honorary Aldermen and Freemen.  Further information will be available following a meeting of the Leader’s Policy Development Board on 24^th March 2025.

THIS ITEM HAS BEEN WITHDRAWN

This item was withdrawn from the Agenda.

Report attached.

CouncillorsLoraine Cox, Paul Cox, Zak Khan and Mohammed Younis, having previously declared a dislcosabe pecuniary interest in this matter, left the meeting for the duration of the item and did not speak or vote upon the matter.

Members considered a report ofCouncillor Vanessa Alexander, Portfolio Holder for Resources and Council Operations,seeking to further the Council’s strategy to improve its housing stock and the regeneration of Hyndburn by adopting new Government provisions for exceptions to premium rates of Council Tax for properties that were left vacant for over one year and by adopting new provisions on premium rates of Council Tax for properties classed as second homes.

Councillor Alexander provided a summary of the main points within the report, including a brief description of the categories of exemptions from premium rates of Council Tax.

Since 2013, councils in England had been granted the power to charge additional Council Tax on long-term empty homes.  For the purpose of Council Tax, long-term empty homes were dwellings which had been unoccupied and substantially unfurnished for a period of at least 1 year.  In April 2024, the empty homes Council Tax premium had been strengthened so that councils could charge the premium on homes that had been empty for 1 or more years.

The Council had welcomed and acted upon the Government’s initial introduction of a premium on Council Tax in 2013 for long term empty properties as a means of encouraging their occupation together with the incremental changes in Council Tax premiums effective from April 2019, and, also from April 2024.  While the initial Government legislation that took effect in 2013, and subsequent legislation in 2019 had helped reduce the number of empty properties, there were still over 700 empty properties that remained in Hyndburn that caused damage to the housing market and neighbourhoods.

Since 2013, the number of properties in the Borough classified as empty and unfurnished for Council Tax purposes on 1^st April each year had reduced as outlined in Table 1 below.  It should be noted that these figures represented those dwellings subject to former Class C empty and unfurnished discounts, not all empty dwellings in the Borough.  Other empty properties included those undergoing major repairs and those subject to other exemptions.

Table 1 – Council Tax Empty Properties from 2012/2013 to 2024/2025

The measures introduced to incentivise re-occupation or sale of empty property had been combined with other regeneration efforts, the work of the Council’s empty properties officer and  ...  view the full minutes text for item 421.

Report attached.

This item was withdrawn from the Agenda.

Report attached.

Members considered a report of Councillor Vanessa Alexander, Portfolio Holder for Resources and Council Operations,presenting a draft Pay Policy for 2025/26.

Councillor Alexander commented that this was an annual update report, but that there were no significant changes from the previous year’s position.

The Localism Act 2011 (Chapter 8 - Pay Accountability) required all local authorities to set out the Council’s position on a range of issues relating to the remuneration of its employees.  The Policy had to be approved by the Council in open forum, by the end of March each year and then be published on its website.

The Pay Policy set out the existing approach to the remuneration of all posts within the Council.  In particular, it specified certain mandatory requirements that had to be detailed within the Policy, as follows:

• The pay structure of the Council and how it was set;
• Senior Management Remuneration, providing details of the pay grade for posts defined as Chief Officer and the accompanying allowances;
• The recruitment arrangements for a Chief Officer;
• The relationship between the salaries of Chief Officers and other employees;
• Details of the lowest paid posts within the Council;
• Employer’s Pension Contribution details; and
• Termination of employment payments.

The Council already published pay and remuneration details of its senior managers on its website, within the annual Statement of Accounts.

The purpose of the Pay Policy was to ensure there was transparency as to how pay and remuneration was set by the Council, for all of its employees and particularly for its most senior level posts.

Resolved                                    -    That the Pay Policy is agreed and published on the Council’s website.

Report attached.

Members considered a report ofCouncillor Noordad Aziz, Deputy Leader and Portfolio Holder for Transformation, Education and Skills, in respect of recent executive decisions taken as a matter of urgency where the decisions had been exempted from the Call-In Procedure

Councillor Aziz provided a short introduction to the report and commented that the Council was taking active steps to work with the management team of Hyndburn Leisure.  The first meeting had already taken place and further meetings would be arranged.  Update reports would be provided to Cabinet in due course.

Rule C14 of the Overview and Scrutiny Procedure Rules set out the provisions allowing for a period of Call-In by members of a relevant Overview and Scrutiny Committee, in respect of certain executive decisions.  That Paragraph included the detailed procedures which supported this arrangement.

Paragraph C14(i) stated that the call-in procedure should not apply where the decision being taken by the executive was urgent.  A decision would be urgent if any delay likely to be caused by the call in process would seriously prejudice the Council’s or the public interest.  The record of the decision and notice by which it was made public should state whether in the opinion of the decision making person or body, the decision was an urgent one, and therefore not subject to call-in and the reason for that opinion.  The Mayor would have to agree both that the decision proposed was reasonable in all the circumstances and to it being treated as a matter of urgency prior to the decision being taken.  Provision was also made for consent to be obtained in the absence of the Mayor.

In addition to the above, Paragraph C14(i) stated that decisions taken as a matter of urgency would have to be reported to the next available meeting of the Council, together with the reasons for urgency.  Previously, compliance with this Rule had been actioned by reference to the Cabinet minutes reported to Council, which included a record of any urgent decisions taken.  However, it was considered that this did not fully comply with the requirements of Rule C14(i), with regard to the need to report the reason for urgency to Council.  Accordingly, it had been agreed to strengthen oversight of the use of the urgency procedure (and the disapplication of the Call-In procedure) by providing a more comprehensive update report to Council.

The following urgent executive decisions had been taken within the last reporting period:

(a)       Payment of Grant Funding to Hyndburn Leisure and Conclusion of the Leisure Review

The decision and reason for urgency were as summarised below:

Decision (taken by the Cabinet on 29^th January 2025)

(1)   That Cabinet agrees to pay Hyndburn Leisure the sum of £1,000,000.00 by way of grant to support the provision of community leisure services in the Borough in respect of the period 1st April 2024 to 31st March 2025, subject to completion of a grant funding agreement in accordance with Paragraph 3.6 of  ...  view the full minutes text for item 424.

To receive the Minutes of the Cabinet meetings held on 22^nd and 29^th January and 12^th February 2025 (attached).

Rules of Debate

·         The Leader of the Council will move the Minutes, the Deputy Leader of the Council will second the Minutes.

·         Non-executive Members will be invited to make comment or ask questions on the Minutes (5 Minutes).

·         Cabinet Members will be invited to make comments and respond to any points raised (5 Minutes).

·         The Leader of the Council will be given up to 15 Minutes to respond and to answer any questions raised.

The minutes of the meeting of the Cabinet held on 22^nd and 29^th January and 12^th February 2025 were submitted.

The following matters were raised.

In connection with the meeting held on 22^nd January 2025, regarding Minute 313 – Prudential Indicators Monitoring, etc., Councillor Khan indicated that he had not yet received a reply to his question about the expenditure plans of the Net Zero Working Group.  Councillor Aziz apologised for the oversight and reaffirmed his intention to respond.

Resolved                                    -    That the Minutes be received and noted.

To receive the Minutes of committees, as set out below:

Rules of Debate

·         The Leader of the Council will introduce the Minutes as a whole.

·         Any Member may raise any issue from the Minutes; the Chair of the relevant Committee may respond (5 Minutes).

·         The Leader of the Council will close the debate (5 Minutes).

The Minutes of the following meetings were submitted:

Resolved                                    -    That the Minutes be received and noted.

Report attached.

Rules of Debate

·         Each motion shall be debated for no more than 20 minutes before being put to the vote.

·         No more than one and a half hours in totality shall be allowed at each meeting for the debate of all motions.

1)         Urgent Action on the Impact of Whinney Hill Landfill Site

The following motion was proposed by Councillor Noordad Aziz and seconded by Councillor Vanessa Alexander, with support from signatories Councillors Munsif Dad, Kate Walsh and Kimberley Whitehead, under Council Procedure Rule A9:

“This Council notes:

• The ongoing issues affecting residents due to the seagulls and odour emanating from the Whinney Hill Landfill site.
• The detrimental impact these issues have on the quality of life, health, and well-being of local residents.
• The responsibility of Lancashire County Council, the Environment Agency, and SUEZ in regulating, managing, and mitigating the environmental impact of the landfill site.

This Council resolves to:

1)    Write to Lancashire County Council, the Environment Agency, and SUEZ to highlight the significant impact the landfill site is having on residents due to the persistent odour and seagull nuisance.

2)    Urge all responsible authorities to take immediate and effective action to address these concerns, including enhanced mitigation measures and stricter enforcement of environmental regulations.

3)    Request a formal response outlining the actions they intend to take and a timeline for implementation.

4)    Work closely with residents and relevant agencies to monitor progress and ensure accountability in resolving these ongoing issues.

This Council demands urgent action to protect the well-being of our community and will continue to press for a resolution to these unacceptable conditions.”

Councillors Aziz, Alexander, Fisher, Eaves, Pritchard, Walsh and Whitehead spoke in favour of the Motion.  A number of councillors suggested closure or a temporary closure of the site.  Councillors Parkins and Younis both considered that it would not be possible to close the site without appropriate contingencies in place.  Councillor Parkins and Smithson both suggested that the MP, Sarah Smith, be encouraged to write to the Secretary of State for Environment, Food and Rural Affairs on this issue.

Councillor Khan commented that the Opposition Group supported the sentiment of the Motion in preventing environmental hazards, but was disappointed that the matter appeared to have been raised because of the forthcoming Lancashire County Council elections.

Councillor Dad thanked Councillor Aziz for the Motion.  He reported that both Hyndburn and Lancashire County councillors had highlighted that the issue needed to be dealt with.  He confirmed that the local MP was already involved and that she had written to the Environment Agency and the Secretary of State.  The Council would continue to work with the MP and others to consider the options available, including for the longer term.  He also refuted the suggestion that the Motion had been raised because of the County Council elections.

Resolved                                 (1)   This Council resolves:

(a)    To write to Lancashire County Council, the Environment Agency, and SUEZ to highlight the significant impact the landfill site is having on residents due to the persistent odour and seagull nuisance.

(b)   To urge all responsible authorities to take immediate and effective action to address these concerns, including enhanced mitigation measures and stricter enforcement of environmental regulations.

(c)    To request a formal response outlining the actions  ...  view the full minutes text for item 427.

The Mayor thanked all for their attendance tonight and then closed the meeting.

David Welsby, Chief Executive, thanked the Mayor for his hard work, which was distinguished by bringing a sense of authority, impartiality and focus to the role of Chair and by raising the standards of debate and conduct during the meetings.  A round of applause was provided in appreciation for the Mayor.