Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Dominik Allen, Heather Anderson, Marlene Haworth, Susan Hayesand Joyce Plummer.

Councillor Judith Addison declared a personal interest in Motion 2 (Civic Theatre) at Agenda Item 10 – Motions submitted on Notice, as an independent trustee on the Board of Hyndburn Arts Limited, which had managed Oswaldtwistle Civic Arts Centre and Theatre before its closure.

a)    Mayor

b)    Leader of the Council

c)    Chief Executive

The Mayor made the following announcements:

1)     Walter (Retlaw) Holmes

The Mayor was saddened to announce the passing, on 2^nd January 2024, of renowned local historian Walter Holmes (known as Retlaw), aged 92.

Retlaw (‘Walter’ spelt backwards) was best known for his hobby of documenting the history of Accrington and surrounding district.  Along with fellow researcher, the late Bill Turner, he had spent decades researching and tracing the history of the Accrington Pals / 11th (Service) Battalion (Accrington) East Lancashire Regiment.  He had continued their work after Bill's death in 2007 and up to a few months before his own passing.

Following a Civic trip to Serre, France, on 1^st July 2016 to commemorate the centenary of the first day of the BattIe of the Somme, a medal had been presented to Walter by the Mayor of Bapaume, in recognition of his work on the Accrington Pals story.

On behalf of the Council he offered condolences to Walter’s family – his wife Alicia, daughter Cath (who had been awarded Honorary Freeman status last year), as well as daughters Adrienne, and Alison, grandson Luke and father-in-law of Gavin.

2)     Engagements

The Mayor reported that he had attended numerous engagements since the last meeting.  Some of the most memorable events were as follows:

• Armistice and Remembrance Sunday services,
• The 40^th Anniversary of the Moorfield Pit Disaster, and
• Christmas lights switch-ons and other festive events.

At this time of year, there were always many engagements in support of voluntary organisations to attend.  The Mayor expressed his admiration for the numerous dedicated volunteers who were prepared to give up their time freely to help others by supporting a wide range of needs and interests.

3)     King’s New Year’s Honours List

The Mayor gave a special mention to John Fielding, Scout Leader, 2nd Rishton Baptist Scout Group, Lancashire, who in the King’s New Year’s Honours List 2024 had been awarded the British Empire Medal (BEM) for services to young people and to the community in Lancashire.

On behalf of the Council, the Mayor undertook to write to Mr Fielding to congratulate him on receiving this honour.

4)     Mayor’s Ball

Finally, reference was made to the Mayor’s Ball, which was due to be held on Friday 23^rd February 2024, in the 1968 Lounge, at Accrington Stanley’s, Wham Stadium.  Councillors were encouraged to purchase tickets, so as to enjoy some food and frivolity.  The proceeds would support the Mayor’s chosen beneficiaries:

• Milly’s Smiles;
• Jeffrey’s Battle with Battens Disease; and
• Accrington Stanley Women FC.

With the permission of the Mayor, Councillor Mohammed Younis, Portfolio Holder for Levelling Up, was given permission to speak on the following matter.

5)     Levelling Up

Councillor Younis shared some good news which some Members might have just seen in today’s newspapers.

Hyndburn Borough Council had been awarded over £450k after a successful bid to the National Lottery Heritage Fund last year.  The money was another positive step forward in transforming the  ...  view the full minutes text for item 261.

To confirm as a correct record the minutes of the Council meeting held on 2^nd November 2023 (attached).

The Minutes of the Council meeting held on 2^nd November 2023 were provided.

Councillor Munsif Dad BEM JP referred to Item 2) Conflict in Israel/Gaza at Minute191 – Announcements.  He noted that Councillor Sajid Mahmood had asked at that meeting about the Labour group’s position on the Israel/Gaza conflict.  Councillor Dad reminded members that he had made clear the group’s position in his statement provided to Council on 2^nd November 2023.  Underpinning that statement, on 24^th October 2023, over 60 councillors had got together to discuss what councillors could do to raise East Lancashire’s voice on this matter.  Some 60 councillors had written to the Prime Minister, Leader of the Opposition and local MPs to air their views and residents’ concerns.  Members had also attended numerous peaceful gatherings across Lancashire.

In summary, the Labour group been active in various initiatives prior to the Council meeting in November.  All councillors were trying to do something to bring about a peaceful resolution to the conflict and it was hoped that everyone here would continue to do their best to raise awareness and to call for peace.

Resolved                                    -    That the Minutes of the Council meeting held on 2^nd November 2023 be approved as a correct record.

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

·         Five questions have been received (report attached).

Five questions had been received.  The Mayor read aloud the questions as shown below.

1)            Payment to Hyndburn Leisure

To the Deputy Leader of the Council and Portfolio Holder for Resources (Councillor Peter Britcliffe)

Submitted byMr Peter Shaw

“The Council are giving £490K to Hyndburn Leisure from underspent revenue of almost £1M, and they are proposing to borrow £5M to help fund the new Wilson’s swimming pool.  It is evident that money is being accrued by the Council and then given to Hyndburn Leisure, who have lost money every year since they were formed.  Where is the £5M coming from and at what interest rate and what are the Council’s plans to ensure they do not need to give any more money to Hyndburn Leisure but are more able to share any future underspends equally with all council departments?”

Response:

Councillor Peter Britcliffe, Deputy Leader and Portfolio Holder for Resources, indicated that the Council was in a fortunate position regarding its Revenue Budget, due to high interest rates, the cash balances held due grant monies received in advance of spend and slippage on the capital programme.  Investment of these balances had provided a higher return than originally forecast.  This should provide a significant underspend at year end.

The report to Cabinet on 6^th December 2023 explained the rationale for the assistance being provided to Hyndburn Leisure and the operation of the subsidy control rules.  Nationally, all leisure providers were facing similar financial issues, due to inflation, pay and energy costs caused by the war in Ukraine.

The facilities at Wilson’s would be more than just a swimming pool.  The site would include:

• 25 metre, 4 lane pool;
• sauna and steam room;
• state of the art 60 station gym;
• functional training area;
• changing village for the pool;
• dry member change;
• changing places provision;
• accessible dry change;
• exercise studio/community room;
• outdoor change and referee change;
• community club room;
• wellbeing room and café; and
• outdoor seating area.

Councillors and the public were encouraged to support the project.

Note:   A comprehensive written reply was provided directly to Mr Shaw, which dealt with the financial matters raised in the question.

2)            Lockside Walk (Clayton Triangle)

To the Portfolio Holder for Housing and Regeneration (Councillor Kath Pratt)

Submitted by Mr Miles Parkinson OBE

“With the National debate by all parties agreed for the provision of more affordable and social housing, Onward Housing Association is developing 127 such properties with shared ownership, affordable rent and provision for over 55’s at Lockside Walk (Clayton Triangle) which are much needed.  [I am] being asked by Clayton-le-Moors residents when they will be available.  Could you provide details to me and for residents requiring a home?”

Response:

Councillor Kath Pratt, Portfolio Holder for Housing and Regeneration, thanked Mr Parkinson for his question, which had provided her with an opportunity to clarify the application process for what would be much sought after, new, high quality affordable homes to rent and buy in Clayton-le-Moors.

Thanks to Watson Homes and the Onward  ...  view the full minutes text for item 263.

The following motion was proposed by Councillor Sajid Mahmood and seconded by Councillor Loraine Cox under Council Procedure Rule A9:

1.         Israel – Hamas Conflict

In his introduction to the motion, Councillor Mahmood reported that he had been asked by the Opposition to broaden the request to senior political figures referred to in the recommendation to also include writing to local MP Sara Britcliffe.  Councillor Mahmood indicated that he was happy to include that wording within the proposed motion.

The altered motion was as follows:

“Many residents in Hyndburn including those in the interfaith community are extremely concerned about what is happening in Palestine and Israel.  Many of these Hyndburn residents have family and friends embroiled in a conflict that has seen unprecedented civilian casualties across all communities.  Its impact is felt across the whole of our Borough.  These residents are suffering as they watch news and social media from the conflict and watch helplessly as horrific images are broadcast almost daily.

We are all appalled by the violent conflict between Israel and Hamas in Gaza.  The unprecedented level of casualties has resulted in countless lives being lost.  As of this week over 15,000 Palestinians have been killed with over ten thousand of these being women and children.  Each passing day sees a rising toll on lives and a worsening humanitarian catastrophe in Gaza.  Civilian deaths in Gaza are increasing hour by hour due to a relentless bombardment by Israel, retaliating to the horrific attacks by Hamas on October 7th in Israel, which led to 1,400 fatalities and the abduction of civilians.  Israel's tightened siege on Gaza has blocked essential goods like water, food, and fuel, leaving over 2 million people in the Gaza Strip struggling to survive.  The humanitarian catastrophe resulting from Israel's 16-year-long illegal blockade will escalate further if the fighting doesn't cease immediately.

As we have seen from the recent pause in fighting.  Humanitarian pauses have had little impact on the thousands suffering in Gaza.  That is why many residents from across Hyndburn have asked us, their representatives, to speak out and call on the UK Government to push for an immediate ceasefire to stop the mass killing of civilians in the Israel-Gaza conflict and for the immediate release of all hostages held since October 7^th, 2023.

We have a strong tradition in Hyndburn of community and ethnic cohesion, let us now all join together to show our support for those community’s and use any power or influence we have to ask on our leaders to demand an immediate ceasefire.

Therefore, I ask this Council moves that:

We direct the Council Leader and Chief Executive to write to the Prime Minister, the Right Honourable Rishi Sunak MP, and the Leader of the Opposition Group in Parliament, the Right Honourable Sir Keir Starmer MP and our local representative Sara Britcliffe MP, to:

1.         Ask the Government to call for an immediate ceasefire and an end to the Israeli siege of Gaza.

2.         Urge the Government to  ...  view the full minutes text for item 264.

To consider and give effect to requests from the Conservative Group, as follows:

·         a change to the membership of the Audit Committee, to replace Councillor Susan Hayes, (the name of the replacement member to be made available at the Council meeting); and.

·         that Councillor Peter Edwards be appointed as Chair of the Audit Committee, in place of Councillor Susan Hayes.

Members were invited to consider and give effect to requests from the Conservative Group, as follows:

• a change to the membership of the Audit Committee, to replace Councillor Susan Hayes with Councillor Carole Haythornthwaite; and.
• that Councillor Peter Edwards be appointed as Chair of the Audit Committee, in place of Councillor Hayes and that Councillor Haythornthwaite be appointed as Vice-Chair of the Committee in place of Councillor Edwards.

Councillor Kimberley Whitehead commented that the Labour group understood that Councillor Hayes had moved out of the Borough and was no longer a member of the Conservative group.  She asked if the matter could be clarified and about the date of any move and eligibility for special responsibility allowances following the move.  She added that when a Labour councillor had moved out of the Borough in 2021/22, he had taken the decision to resign.  She also commented that any change to the current membership of political groups could affect the political balance on the Council.

Councillor Britcliffe responded that Councillor Hayes remained a member of the Conservative group.  He confirmed that she had moved out of the Borough, but continued to hold business interests in Hyndburn.

The Chief Executive noted the questions that had been raised, but indicated that these were not within the scope of the item before the Council.  Any queries on this matter should be raised outside of the meeting.

Resolved                                    -    That Council approves:

(1)    A change to the membership of the Audit Committee, to replace Councillor Susan Hayes with Councillor Carole Haythornthwaite.

(2)    The appointment of Councillor Peter Edwards as Chair of the Audit Committee, in place of Councillor Hayes and the appointment of Councillor Haythornthwaite as Vice-Chair of the Committee in place of Councillor Edwards.

Report attached.

Members considered a report of Councillor Steven Smithson, Deputy Leader and Portfolio Holder for Environmental Services, which provided an opportunity for the Council to debate the proposed establishment of a Lancashire Combined County Authority (CCA) and to respond to the consultation.

In February 2022, the Government had published its White Paper on Levelling Up, a significant set of proposals which sought to address geographical disparities in funding, productivity and growth across England.  The resulting legislation, the Levelling-up and Regeneration Act 2023, allowed for the creation of new CCAs that required the agreement of upper-tier Local Authorities in the area.

Securing a devolution deal had been a long-standing ambition for Leaders across Lancashire to address years of historically low investment in the area whilst providing a platform for accelerated growth.

Following the publication of the White Paper, the three upper tier councils had agreed to cooperate at pace on the creation of a new devolution deal that would cover the Lancashire area by establishing a CCA.  The Leaders of the three Councils had overseen negotiations with Government to agree the basis of a proposed devolution deal.  The Deal document set out the basis for the deal, including the key powers to be devolved, main objectives of the proposed CCA and the governance principles.

The Deal document had been further developed into a Proposal document, full details of which could be found by following this link:

http://www.gov.uk/government/publications/lancashire-devolution-deal

The Proposal document was subject to a consultation process across the area in accordance with the statutory requirements.

The proposed devolution deal for Lancashire did not include the creation of a directly elected mayor.  Instead, the CCA would be made up of existing elected councillors to provide overall vision and leadership.

The Combined County Authority

The main elements of the Proposal (if approved) were as follows:

a)    Lancashire County Council, Blackburn with Darwen Council and Blackpool Council would form a Combined County Authority (CCA), to provide overall vision and leadership, seek the best value for taxpayer’s money and be accountable to local residents.

b)    The arrangements would include the integration of the relevant functions of the Lancashire Local Enterprise Partnership (LEP) into the CCA, ensuring that there continued to be a strong and independent local business voice in the form of a Lancashire Business Board which would inform local decision making and strategic economic planning.  In absorbing the role and functions of the Growth Lancashire Company, LEP Growth and Skills and Employment Hubs, LEP Investment Team, and destination management/visitor economy, the Lancashire CCA would deliver a number of functions on behalf of the central government departments.

c)    The CCA would have new powers to better shape local skills provision to ensure these met the needs of the local economy.  This would include devolution of adult education functions and the core Adult Education Budget, and the opportunity to further refine the Local Skills Improvement Plan.

d)    There would also be new powers to improve and better integrate local  ...  view the full minutes text for item 266.

To receive the Minutes of the Cabinet meetings held on 18^th October and 6^th December 2023 (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 meetings of Cabinet held on 18^th October and 6^th December 2023 were submitted.

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.

The Mayor returned to Agenda Item 10 – Motions Submitted on Notice, commencing with Motion 2 (Motion 1 having being dealt with earlier in the meeting (Minute 264 refers).

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.

2)      Civic Theatre

The following motion was proposed by Councillor Peter Britcliffe and seconded by Councillor Steven Smithson under Council Procedure Rule A9:

“That this Council recognises what a vital asset the Civic Theatre is to the Borough and requests that the Cabinet fully explores the options which will lead to the reopening of the premises.”

Councillors Britclifffe, Z Khan, Dad, Allen, Smithson, Aziz, Booth and Addison spoke in favour of the motion and highlighted the importance of the venue to the promotion of arts and culture and the provision of entertainment in the Borough.

Councillor Pratt commented as follows on the state of the infrastructure and the work undertaken so far, or planned, to return the building into use:

The building was in a poor condition with no service or repair records available and, potentially, no recent health and safety compliance checks carried out.  The Council’s priority now was to get the building into a condition where a new lease could be granted and the premises put back into use.  To date, the following actions had been undertaken:

• Building cleared of all rubbish, broken and damaged furniture and unwanted props left by the former tenant.  Any furniture in good condition had been retained for possible future use;
• Gas and electrical installations had been tested and were now confirmed as safe;
• The lighting, heating and air-conditioning had been assessed as inadequate and would require upgrading over time;
• A fire risk assessment had been carried out in December 2023.  A specialist survey of fire doors and the fire resistance of the walls, floor and ceilings, lift shafts and glass in doors and partitions, now need to be undertaken;
• Water had been turned off and legionella testing, etc. would need to be done before the building could be re-let or handed over; and
• A condition survey of the roof was planned at the end of January 2024, which should highlight the cost of remediation work.

Overall the Council would need to understand what costs would be involved before the building could be put back into use.

As regards identification of an operator, little had been done at this stage in view of the above situation.  However, contact had been made with approximately 10 potentially suitable operators.  There had been around 10 parties contacting the Council directly to express an interest in the Civic Theatre, all of which had been followed up.  However, officers had stressed that the building was currently undergoing significant repairs and maintenance and, therefore, was not yet ready for reoccupation.  The authority had stressed that, when the time was right, it would be looking for credible operators with the necessary skills and resources to operate and manage a theatre.  There would be no further action on identifying an operator until the surveys, servicing and urgent repairs had been completed.

The Council was still carrying out a number of surveys and health and safety compliance checks in order to understand the full state of the building and what costs  ...  view the full minutes text for item 269.