Agenda and minutes

Apologies for absence were submitted from Councillor Terry Hurn and Dave Parkins.

There were no declarations of interest or dispensations.

1)            The late Jessie Hall

The Mayor paid tribute to former Councillor Miss Jessie Hall MBE who had passed away last month.

Miss Hall had been a Hyndburn councillor representing the residents of Great Harwood from 1974 to 1987 and was the Mayor of Hyndburn in 1977/78. She became an Honorary Alderman of the Borough in 2004 and her funeral was held on the 24th August at St Hubert’s Church, Great Harwood.

Councillors Miles Parkinson, Tony Dobson and Gareth Molineux also added tributes.

A minutes silence was held as a mark of respect.

2)            Onward Homes

On behalf of the Leader of the Council, Councillor Clare Cleary, portfolio holder for Housing and Regeneration referred to concerns raised at the last Council meeting about Onward Homes and the lack of information provided to Members.

The Regional Director of Onward Homes had agreed to meet up to 10 Councillors on the 25^th October and provide a tour of their new offices along with the new Neighbourhood Manager.

3)            Change in Order of Business

The Mayor reported that he intended to change the order of business to be considered and Items 13 and 14 on the supplemental agenda would now be taken before Item 10 of the Agenda.

To confirm as correct records the Minutes of the Council meetings held on 30^th June and 5^th July 2018 (attached).

The Minutes of the Council meetings held on 30^th June 2018 and 5^th July 2018 were submitted for approval as a correct record.

Resolved        -           That the Minutes of the Council meetings held on 30^th

June 2018 and 5^th July 2018 be approved as a correct record.

To deal with any questions submitted under Council Procedure Rule 2.2(vi).

The Mayor reported that the following questions had been received from Councillors Marlene Haworth and Josh Allen in accordance with Council Procedure Rule 2.2(vi).  The questions were put to the Leader of the Council.

“(1) At a time when residents are looking for honesty, credibility and transparency could the Leader of the Council explain why he didn’t think it was important to notify Councillors of the Oswaldtwistle Area Forum, which included two from his own party, about the expenditure of over £25,000 from their budget?;  and,

(2) Can the leader of the Council provide any reassurance to Hyndburn residents that they will not be unlawfully targeted by Kingdom Services as has been reported by various other authorities, residents and newspapers, and further more will there be any procedures in place to stop this from happening in the instance it does occur?”

In relation to Question (1), the Leader of the Council responded that he and the Deputy Leader of the Council were away on holiday at the time the request was made by Officers and delegated authority for approval was made by Councillor Cleary on their behalf.

In relation to the reply given, Councillor Haworth asked a supplementary question and stated the Council’s constitution and the Leader’s responsibilities for communication and requested that the money be reinstated back into the Oswaldtwistle Area Forum.

The Leader of the Council gave details of where money had been spent throughout Oswaldtwistle and how he had honoured three bids that had been made even though there were not the required finances left after the expenditure of over £25,000 from the budget.

In relation to Question (2), the Leader of the Council responded that there would be a two week pilot period of education with warnings given and if an area required monitoring then please inform the Deputy Leader of the Council of the details who would pass on the information to the contractors.

Arising from the reply given, Councillor Allen was happy with the proposed pilot scheme and that litter and fly tipping was a major issue and hoped the scheme would work well for the Council and borough of Hyndburn.

The Leader of the Council submitted a report to confer delegated authority on the Planning Committee allowing it to exercise the  functions contained in  sections 150 and 151 of the  Housing and  Planning   Act  2016  and  the associated powers in The Town and Country Planning ( Brownfield Land Register) Regulations.2017 and the Town and Country Planning ( Permission in Principle) Order 2017.

Resolved                           (1)   That the responsibilities contained in section 150 and 151 of the Housing and Planning Act 2016 and the associated powers in the Town and Country Planning (Brownfield land Register) Regulations 2017 and the Town and Country Planning (Permission in Principle) Order 2017 be delegated to the Planning  Committee;  and, 

                                            (2)   That the Executive Director (Legal and Democratic Services) be authorised to effect the necessary changes to the Council’s Constitution in order to reflect this decision.

Councillor Noordad Aziz, Chair of the Resources Overview and Scrutiny Committee and Councillor Glen Harrison, Chair of the Communities and Wellbeing Overview and Scrutiny Committee submitted a report to recommend Co-opted Members on to the Overview and Scrutiny Committees.

Resolved                           (1)   That the re-appointments of Co-optees to the Resources Overview and Scrutiny Committee, Honorary Alderman Paul Barton and Honorary Alderman Ian Ormerod be approved; and, 

                                            (2)   That the following new appointment of Co-optee to both the Resources and the Communities and Wellbeing Overview and Scrutiny Committees, Honorary Freeman Bernard Dawson be approved.

The Leader of the Council submitted a report seeking approval for a change to the terms of reference of the Management Review Committee.

Resolved                               -   That the revised terms of reference of the Management Review be approved.

The Leader of the Council submitted a report for a proposed policy for considering requests to add names to war memorials.

Resolved                           (1)   That the policy as set out in Appendix 1 of the report be approved; and, 

                                            (2)   That the Chief Executive, following consultation with the Leader of the Council, relevant Portfolio Holder and the Council’s Armed Forces Champion, be given delegated authority to approve the addition of names to relevant war memorials in Hyndburn.

The Leader of the Council submitted the Corporate Strategy 2018-2023.

Resolved                           (1)   That the Corporate Strategy as set out in Appendix 1 of the report and the summary version as set out in Appendix 2 of the report be approved; and, 

                                            (2)   That the Executive Director (Legal and Democratic Services) in consultation with the Leader of the Council be given delegated authority to make revisions to the strategy as necessary over its life.

The Leader of the Council submitted a report to consider approving that Councillor Terry Hurn continue to be a member of the Council if he remains unable to attend any relevant meeting of the Council on or before 17^th October 2018.

Resolved                           (1)   That Council approved that Councillor Hurn would continue to be a member of the Council if, due to illness, he is unable to attend any relevant meeting of the Council on or before 17^th October 2018, with such approval to extend until 19^th March 2019; and

                                            (2)   That Council review this approval on or before 19^th March 2019 if Councillor Hurn remains unable to attend any relevant meeting of the Council due to illness.

To receive the Minutes of Cabinet meetings held on 18^th July and 29^th August 2018 (attached).

Rules of Debate

·         The Leader of the Council will move he 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 comment 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 meetings of the Cabinet held on 18^th July 2018 and 29^th August 2018 were submitted.

The following issues were raised from the Minutes:

Cabinet Meeting, 18^th July 2018 - Minute 81 & 82, Lease of Coach House building at Rhyddings Park in Oswaldtwistle- Councillor Judith Addison referred to the exclusion of the public and that those Councillors not at Cabinet should not be excluded from viewing the reports on mod.gov.

Response by Cabinet Portfolio Holder for Resources – Councillor Gareth Molineux reported that Councillors should be able to view restricted papers on the committee software system once the agenda had been published.

Cabinet Meeting, 29^th August 2018 - Minute 110,Leasing of Whiteash Playing Fields & Associated Changing Pavilion to Hyndburn Youth FC– Councillor Tony Dobson referred to the practicalities of the lease and community groups maintaining the facility along with adjoining land next to the sports pitches.

Resolved                               -   That the Minutes be received and noted.

To receive the Minutes of Committees and Sub-Committees, as set out below:-

Rules of Debate

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

·         Any Member may raise any issue form 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:

COMMITTEE                                                                                     DATE

Planning Committee                                                                           20^th June 2018

Communities & Wellbeing Overview and Scrutiny Committee         11^th July 2018

Resources Overview and Scrutiny Committee                                 12^th July 2018

Planning Committee                                                                           18^th July 2018

Audit Committee                                                                                 30^th July 2018

Planning Committee                                                                           15^th August 2018

Resolved                               -   That the Minutes be received and noted.

To consider any Motions for debate in accordance with Council Procedure Rule A9.

The following motion was moved by Councillor Noordad Aziz and seconded by Councillor Munsif Dad under Council Procedure Rule A9:-

“That this council resolves to write to Manchester Airport to review and consider removing the introduction of car park charges to drop off customers. This is impacting on the residents of Hyndburn and East Lancashire adversely with many spending the beginning of their trips stuck in a queue lasting up to 30 mins just to enter the airport.

“In addition, the council recognises residents’ concerns that the new Airports drop off area to avoid the charge is not viable especially for people with young children or when passengers have issues walking. In addition, the council also notes given that there is currently no direct public transport link from East Lancashire to Manchester Airport due to timetabling and capacity issues on the rail network and calls on Manchester Airport to support the campaign for a direct rail link from East Lancashire as genuine solution in reducing the number of cars by investing in public transport to improve links to Manchester Airport.”

After a debate, the motion was put to the vote and declared carried.

Resolved                           (1)   That this Council resolves to write to Manchester Airport to review and consider removing the introduction of car park charges to drop off customers;

                                            (2)   That this Council recognises residents’ concerns that the new Airports drop off area to avoid the charge is not viable especially for people with young children or when passengers have issues walking;

                                            (3)   That this Council also notes that given there is currently no direct public transport link from East Lancashire to Manchester Airport due to timetabling and capacity issues on the rail network and calls on Manchester Airport to support the campaign for a direct rail link from East Lancashire as a genuine solution in reducing the number of cars by investing in public transport to improve links to Manchester Airport. 

The following motion was moved by Councillor Noordad Aziz and seconded by Councillor Clare Cleary under Council Procedure Rule A9:-

“That this council resolves to write to Department of Transport and Secretary of State for Transport to highlight issues that thousands of our residents are facing on a daily basis whilst using Northern Rail service. This is impacting on residents of Hyndburn obtaining and maintaining roles due to continued poor service.

“The advent of the new timetable has provided both commuters and Northern Rail with many unacceptable challenges. On a daily basis, what should be a simple commute to and from work has become a battle against the departures board.

The impact psychologically and physically has become intolerable for our residents who are dependent upon rail services. From an economic perspective, this is undeniably impacting the North and Lancashire. Residents already fear possible job losses due to the instability of the rail service.

“On behalf of the commuters of Hyndburn and East Lancashire, we are asking for an official investigation into whether Northern Rail is in breach of its franchise agreement. We also ask for reassurance that you are taking every step to ensure Northern Rail improves its performance immediately and they are held to account for the poor service they are providing. Also, We ask DoT consider giving more power and control be given to Transport for North to hold rail franchises to account as well as implement infrastructure projects in the North  that can transform the North such as:

• The re-establishment of the Skipton to Colne Rail Line.
• The expansion of the M65 to linking into Yorkshire  and to the A1 (M).”

After a debate, the motion was put to the vote and declared carried.

Resolved                           (1)   That this council resolves to write to Department of Transport and Secretary of State for Transport to highlight issues that thousands of our residents are facing on a daily basis whilst using Northern Rail services;

                                            (2)   That this Council asks on behalf of Hyndburn commuters for an official investigation into whether Northern Rail is in breach of its franchise agreement and seeks reassurance to ensure Northern Rail improves its performance immediately and they are held to account for the poor service they are providing;

                                            (3)   That this Council requests that the Department of Transport consider giving more power and control to Transport for North to hold rail franchises to account as well as implement infrastructure projects in the North  that can transform the North such as: The re-establishment of the Skipton to Colne Rail Line and the expansion of the M65 to linking into Yorkshire  and to the A1 (M).

The following motion was moved by Councillor Noordad Aziz and seconded by Councillor Bernadette Parkinson under Council Procedure Rule A9:-

“That this council resolves to write to the Department of Health and Home Office in support of a Great Harwood resident in relation to requesting a review of the legislation for the use of medicinal cannabis for medical purposes especially in cases for terminal cancer patients.

“The request is based on the experiences of a resident of Great Harwood who was diagnosed with terminal brain cancer over six years ago; was given six months to live, fortunately the resident is still with us but lives with this prognosis. The residents lives with the stark reality that during any of the regular three month check-up it could reveal that the cancer is growing, then all the surgery and chemotherapy will begin again.   Going through all the treatment when the resident was diagnosed was a horrendous experience, with the resident being in constant pain and the tiredness was debilitating. All this would be helped if cancer sufferer were allowed legally take medical cannabis oil. This is the reason we ask that you look at medical cannabis being legalised and being made available for terminal cancer patients like our Great Harwood resident.”

An amendment was then proposed by Councillor Noordad Aziz and seconded by Councillor Bernadette Parkinson as follows:-

That the following sentence be added after the first paragraph:-

“We recognise the recent changes announced, which allows Cannabis-based medicines will be available by autumn 2018 according to a plan announced by Home Secretary Sajid Javid.”

That the following words be added at the start of the second paragraph “The, request for legislation review”:-

That the following words be inserted in the final sentence after legalised “Via legislation”:-

The substantive motion was put to the vote and declared carried.

Resolved                                  That this council resolves to write to the Department of Health and Home Office in support of a Great Harwood resident in relation to requesting a review of the legislation for the use of medicinal cannabis for medical purposes especially in cases for terminal cancer patients.

The following motion was moved by Councillor Loraine Cox and seconded by Councillor Gareth Molineux under Council Procedure Rule A9:-

“That this Council notes that as a result of this Conservative Government's change to the way schools are funded, Lancashire schools will lose £33.3 million by 2020. This equates to £225 per pupil on average.

“Hyndburn Schools have worked hard to achieve excellent levels and this Council believes that these government funding cuts are jeopardising our boroughs education standards. We are now seeing cash-strapped schools that struggle to give our children a good education, with larger classrooms and overworked teachers within Hyndburn.

“Whilst the School's National Funding Formula has benefited some schools, the vast majority will be worse off including all Hyndburn school age children.

“Hyndburn Borough Council instructs the Council Leader and Chief Executive to write to the Secretary of State for Education, the Rt Hon Damian Hinds MP, and the Chancellor of the Exchequer, the Rt Hon Phillip Hammond MP, to call on them to protect Hyndburn school children’s education and enhance funding for all Hyndburn schools.”

After a debate, the motion was put to the vote and declared carried.

Resolved                           (1)   That this Council notes that as a result of this Conservative Government's change to the way schools are funded, Lancashire schools will lose £33.3 million by 2020;

                                            (2)   That this Council instructs the Council Leader and Chief Executive to write to the Secretary of State for Education, the Rt Hon Damian Hinds MP, and the Chancellor of the Exchequer, the Rt Hon Phillip Hammond MP, to call on them to protect Hyndburn school children’s education and enhance funding for all Hyndburn schools.