Agenda and minutes

There were no apologies for absence submitted prior to the meeting and no substitutions.  Mr. Tim O’Kane was absent from the meeting. 

No declarations of interest or dispensations were given at the meeting.

The Minutes of the meeting of the Resources Overview & Scrutiny Committee (Budget Meeting) held on 20^th February 2025, were submitted for approval as a correct record.

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

The Minutes of the last meeting held on 20^th February 2025, had been withdrawn for amendment and would be placed on the Committee agenda of the next meeting for approval.

The Chair informed the meeting that Councillor Heap had been formally appointed as an additional Member of the Resources Overview & Scrutiny Committee, after his election to the Council. 

Report attached.

Cllr Melissa Fisher, Cabinet Portfolio Holder for Environmental Health

Councillor Fisher, Cabinet Portfolio Holder for Environmental Health, presented a report to inform the Committee of the work of the Environmental Protection Team.  The report set out

·        staffing levels

·        cost of the service

·        how the work was split into areas including fly tipping on private land and accumulations of waste on private land. 

·        details of how complaints were dealt with and the stages of investigation and prosecution

·        comparable data on the number of complaints received and visits carried out during a two year period. 

·        Action, both informal and formal, taken by the team over the last two years.

A list of questions were forwarded to Officers and the Cabinet Portfolio Holder for Environmental Health, in advance of the meeting, and responses were provided as follows:

1.     Why is it so difficult to identify land owners?

The Committee was informed that HM Land Registry had confirmed that about 85% of land was registered so Officers also used Land Registry, Business Rates, and Council Tax to trace ownership, as well as using local detective work.  They did not hold a Landlord Register but this could come with pending changes to Housing Legislation in the Renters Reform Bill currently in Parliament.

2.     Is the Council’s approach to enforcement a Council policy or is this the law?

The Committee was informed that the Council’s approach to enforcement was both Council policy and the law.  The legislation around Community Protection Warning/Notices required the Council to start with a letter and then progress to a Notice.  A FPN could be issued for failure to comply with the notice as an alternative option to prosecution.   The national enforcement concordat was also followed, which was a national policy relating to enforcement and this policy had been adopted.  The aim was to ensure that any enforcement was fair, transparent, consistent, and proportionate, etc.

3.     Would it be more cost effective and time efficient to simply serve fixed penalty notices as soon as incidents happen? 

The Committee was informed that residents that they worked with had other issues.  These could be complex and include financial, mental, health, self-neglect and social issues and therefore, these residents did benefit from an informal approach initially.

4.     What is the success rate for recovering fines?

The Committee was informed that:

 From March 2024- March 2025, there had been 138 FPNs on the system.

100 had no payments received against them

31 had been paid in full

7 had made some payments

CCJS in relation to 48 invoices (some had 1 or multiple FPN invoices).  The majority were unresponsive, even when they had received a County Court Judgment.  There were currently 5 or 6 that were at the enforcement stage and only one had responded.

5.     Approximately what percentage of incidents of fly tipping and reports of waste on private land are caused by the same people and in similar places, and is this more a problem with private householders or businesses?

The Committee was informed that there were between 5-10% of cases that were  ...  view the full minutes text for item 380.

Recommendation        -     In accordance with Section 100A(4) of the 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 business to be transacted, or the nature of the proceedings, that there will otherwise be disclosure of exempt information under Paragraph 4 of Schedule 12A of the Act (information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under the authority).

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 business to be transacted, or the nature of the proceedings, that there would otherwise be disclosure of exempt information within Paragraph 4, at Schedule 12A of the Act specified at the item.

(The report will contain exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 4  -  Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under the authority)

Report attached.

Helen McCue-Melling –Regeneration & Property Manager

Councillor Kate Walsh (Regeneration & Housing) and Councillor Kimberley Whitehead (Culture, Heritage & Arts)

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 4  -  Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under the Authority.

Cabinet Portfolio Holders for Regeneration and Housing (Councillor Kate Walsh) and Culture, Heritage & Arts (Councillor Kimberley Whitehead), submitted a report to update the Overview and Scrutiny Committee on the use of Council land for sports/community use.  The Regeneration and Property Manager presented the report and gave details on the variations of managing different sites depending on how land was used by the community.  She referred to pay to play sites, the bowling pavilions, the management of sports pitches and in relation to vacant sites – King George V, Accrington and Foxhill Playing Fields, Oswaldtwistle. 

Members submitted the following comments/questions on the following issues:

-        The cost of bowling clubs, level of use and consideration of funding their continuation.

-        Financing the prevention of vandalism to bowling greens and the cost of fencing and CCTV.

-        Update on when works would be starting on King George V Playing Fields and estimated completion dates.

-        Update on Foxhill Playing Fields

The Regeneration and Property Manager responded to the above issues.  She indicated that there were significant costs in providing fencing and maintaining bowling clubs and that there was not always a big membership of these Clubs.  She explained that works to King George V Playing Fields had to go through the procurement process before commencing and advised that a report on this issue was due to go to Cabinet soon.  Funding was also being considered for works on Foxhill Playing Fields. 

Members pointed out that some bowling clubs were not well attended and questioned the cost of continuing to maintain these bowling greens.  Reference was made to the importance of bowling club membership for the sustainability of clubs.  They proposed that there was greater promotion of bowling clubs to increase membership.

Resolved          -              That the use and membership of Hyndburn’s bowling clubs be promoted.