Agenda and minutes

There were no apologies for absence submitted.

There were no reported declarations of interest or dispensations, at this point in the meeting.  (Note: Councillor Peter Britcliffe subsequently declared a possible conflict of interest – Minute 342 refers).

To approve the Minutes of the last meeting of Cabinet held on 8^th February 2023.

The minutes of the meeting of the Cabinet held on 8^th February 2023 were submitted for approval as a correct record.

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

To receive verbal reports from each of the Portfolio Holders, as appropriate.

The Leader of the Council, Councillor Miles Parkinson OBE, provided an update on the Huncoat Garden Village proposals.  Following the Cabinet’s approval to progress this project, a bid had been submitted to Homes England for some £30m funding.  Their National Investment Panel Executive had now endorsed the case for this project and it would proceed to the second stage, during which a detailed assessment would be undertaken.  If approved, the project would deliver some 1,800 new homes over a 15 year period.  Their final decision was expected during the summer.  The current announcement was no guarantee as to future success, but was an important step towards the Council’s ambitious grand plan.

Councillor Munsif Dad BEM JP, Leader of the Labour group, welcomed the news and remarked that improved infrastructure was the key to opening up the area for development.

Resolved                                    -    That the verbal reports of Cabinet members be noted

Report attached.

Appendix D to this report, containing exempt information, appears at Agenda Item 12, in Part C of the Agenda.  The implementation of the decisions taken under Agenda Item 5 will be conditional upon the adoption of the recommendation at Agenda Item 12.

The Cabinet considered a report of Councillor Miles Parkinson OBE, Leader of the Council, regarding authorisation for the making of a Compulsory Purchase Order for Burtons Chambers.

The Leader outlined some key points within the report in relation to the process of developing the Town Centre Investment Plan (TCIP) and the resultant Accrington Acre redevelopment, as well as noting the potential to draw in £70m investment, which would build upon £55m of public and private monies already invested.  Regeneration of Burtons Chambers had always been an ambition of the Council following its slow decline as retail premises over a period of 20 years.  The approvals being sought today would ensure that there would be no delay in progressing the current plans by putting in place the necessary authorisations.  The acquisition of the relevant freeholds had been resolved, but dialogue was still on-going in relation to leaseholders.  Good progress was being made and, ultimately, a CPO might not be required.

Councillor Dad commented that he was satisfied that all the correct steps were being undertaken to progress the project.  The Leader added that the whole scheme was something of a jigsaw, but all of the pieces were now falling into place.  This had taken a lot of hard work by the stakeholders, officers and consultants.

Approval of the report was a key decision.

Reasons for Decision

The report:

• Updated Cabinet on progress to date with the acquisition of interests in two interventions within theCouncil’s Levelling Up Funding (LUF) programme.

·        Invited Cabinet to authorise the making of a Compulsory Purchase Order (CPO) under Section 226(1)(a) of the Town and Country Planning Act 1990 to acquire compulsorily land, existing rights and interests at Burtons Chambers where agreement could not be reached in order to deliver the comprehensive 'Accrington Acre' redevelopment which was the subject of the LUF submission.

·        Set out details of the proposed order lands by way of a draft CPO plan included as Appendix C to the report.

·        Sought approval for the Executive Director (Environment), following consultation with the Executive Director (Legal & Democratic Services) to agree compensation and acquisition payments where this would avoid the need to compulsorily purchase interests.

The report included detailed information on the following matters:

• Background and the need for redevelopment;
• Appointment of a preferred developer and partner/operator;
• Land assembly and obtaining clean title to the land;
• Description of the Order Land;
• Description of interests in the Order Land  (The interests to be acquired in the Order Lands were set out in the draft CPO Schedule provided as Appendix D to the report, which appeared in the private part of the Agenda (Minute 338 refers));
• The need for a Compulsory Purchase Order;
• Details of attempts to acquire interests by agreement;
• The planning position of the Order Land; and
• Funding.

In summary, the recommendations were brought forward in order to progress the redevelopment of the ‘Accrington Acre’ and contribute to the implementation of the TCIP.

If the Accrington Acre redevelopment  ...  view the full minutes text for item 332.

Report attached.

The Cabinet considered a report of Councillor Joyce Plummer, Portfolio Holder for Resources, seeking approval for an amendment to the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing in relation to the current testing regime.

Councillor Plummer outlined the issues contained within the report, which related to the frequency of testing for vehicles over 10 years old.  Numerous representations had been received from the taxi trade directly and via elected Members.  Vehicles over 10 years old were currently tested every 4 months and issued with a 4 months licence on each occasion.

The trade had been consulted about reducing the frequency of testing to 6 monthly where a vehicle had passed the 4 monthly test first time on 3 consecutive occasions.  A relatively low response had been received to the consultation, comprising 16 replies.

Members were reminded that public safety must be at the centre of any changes to the policy about vehicle testing.  The report set out options for a change to the conditions.  Options which incentivised drivers to maintain their vehicles to a high standard were recommended by the officers.

The Leader thanked Councillors Sajid Mahmood and Loraine Cox for bringing the issues to the attention of the Portfolio Holder.

Councillor Dad queried whether the amendments as presented in the report at Paragraph 6.1 were to be taken together, or were mutually exclusive options.  It was clarified that only one of the two suggested conditions should be adopted.  The Leader indicated a preference for Option 1, which had been the wording used during the consultation process.  Councillor Dad considered that Option 2 would be simpler to understand from the drivers’ viewpoint.

Councillor Dad commented that Licensing Officers had a good track record of listening to the views of the Taxi Liaison Group, as had been demonstrated when considering the matter of disabled passenger seats.

Councillor Steven Smithson added that he and Councillor Plummer had recently met with officers at the Central Vehicle Maintenance Unit (CVMU) to introduce some measures that would assist taxi drivers.  Councillor Dad asked if the emissions testing equipment was properly calibrated.  Councillor Smithson responded that the equipment had been checked recently by the Driver and Vehicle Standards Agency (DVSA) and found to be accurate.  Councillor Britcliffe added that certain manufacturers had misrepresented emissions performance and were being challenged for compensation by claims companies.

Approval of the report was not deemed a key decision.

Reasons for Decision

The Council were responsible for setting the vehicle testing frequency for hackney carriage and private hire vehicles, which in turn determined the period of the licence that was issued.  Currently vehicles under the age of 2 years were tested annually and issued with a 12 month licence.  Vehicles between the age of 2 years and 10 years were tested every 6 months and issued with a 6 month licence and vehicles over the age of 10 years were tested every 4 months and issued with a 4 month licence.

At a  ...  view the full minutes text for item 333.

Report attached.

Members considered a report of Councillor Joyce Plummer, Portfolio Holder for Resources, providing information on the financial spending of the Council up to the end of January 2023 and the financial forecast outturn position for the Accounting Year 2022/23.

Councillor Plummer highlighted the anticipated positive variance at the end of the financial year, in the sum of £129,000.  The figure reflected the higher than anticipated staff pay award and raised energy costs.  Energy costs across the Council’s estate were being closely monitored.  However, good financial management and some financial support from the Government had helped.  Inflationary pressures during the year were being managed carefully by budget holders.

Councillor Munsif Dad enquired about the progress towards making weekend burials available and whether the underspend within the Parks and Cemetery Service could expedite this.  The Leader responded that tenders had now been returned for this proposal.  The Head of Service would now evaluate the replies.  Matters such as appropriate fees and charges, health and safety issues and maintaining standards would need to be considered.  It was possible that there would be a premium charge for this service.  Councillor Dad indicated that other Lancashire authorities provided this type of service and its users were generally prepared to pay a premium.

Councillor Dad also highlighted the issue of dog fouling in cemeteries.  The matter had been discussed before and it was acknowledged that most dog owners were responsible, but complaints continued to be received.  The Leader accepted that dog fouling did still occur.  A small minority of irresponsible owners caused problems in cemeteries, as well as on playgrounds and sports pitches.  There were numerous areas available for exercising dogs responsibly.  Many people owned dogs and ownership often fulfilled a vital social role as the animals were valued companions, particularly for widowed residents.  Councillor Harrison commented that foxes were potentially to blame for some of the fouling.  However, it was noted that people were less concerned about issues caused by wildlife.

Approval of the report was not deemed a key decision.

Reasons for Decision

The financial detail of the report was provided as a table at the end of that document.

The latest forecast spend to the end of the financial year in March 2023 was £12,205,000 compared to a Budget of £12,334,000.  This forecast produced a positive variance of £129,000 by the end of the financial year.

Environmental Services were predicting a year-end adverse variance of £273,000 and the main variances were as follows:

• Waste Services were predicting an adverse variance for the year of £176,000.  This was due to £65,000 of additional staffing costs, £125,000 of increased costs in vehicle fuel and waste supplies and additional income of £14,000.

• The Parks & Cemetery Service was forecasting a positive variance of £68,000, due to additional income of £209,000 largely from burials and cremations netted off by other vehicles and supplies and services costs of £148,000 and staffing savings of £6,000.

• The Town Centre & Market Budget was predicting an adverse variance of £27,000, with £32,000 of  ...  view the full minutes text for item 334.

Report attached.

Members considered a report of Councillor Joyce Plummer, Portfolio Holder for Resources, informing Cabinet of the progress of the 2022/23 Capital Programme.

Councillor Plummer highlighted the key figures within the report.  Members commented that the total Capital Programme figure was unusual, in that it was normally in the region of £1m annually.  However, over the next few years there would be an enormous investment in the Borough.  By working together, councillors and stakeholders could deliver success.  Councillors did not wish to waste any of the money secured, which would be put to good use in improving living standards and the health and wellbeing of Hyndburn’s residents.

Councillor Dad highlighted the decarbonisation works which had been undertaken at Hyndburn Leisure Centre.  He supported the ambition to make the best use of capital expenditure for the benefit the public.  The Leader added that the Leisure Centre was now gas free and was probably the first such sports centre in the country.  It was acknowledged that the running costs might not initially be cheaper, but the project was helping to protect the environment and costs should eventually fall.

Approval of the report was not deemed a key decision.

Reasons for Decision

The Council had authorised a capital programme of £38.594m at its meeting on the 24^th February 2022 and the programme had subsequently been increased to £45.163m upon the authorisation of the carry forward of projects from the previous year and a variety of in-year authorisations using existing internal funds or new external funding.  The programme had largely been funded from existing resources with the exception an approval of £5m of borrowing (if required).

The Actual expenditure to 31^st January 2023 was £3.275m against the latest approved full year budget of £45.164m.  This equated to 7.25% spend.  The forecast spend in year would rise to £6.996m including orders committed which would equate to 15.04%.

There was expected to be £38.256m of slippage into 2023/2024, of which £35.87m related to the Levelling Up scheme for Accrington Town Centre, the Leisure Estate Investment and Housing Schemes, including Disabled Facilities Grants.

There were some expected scheme overspends in year totalling £60,680, however additional funding had been identified to cover the additional costs of those schemes and they would not increase the net cost within the capital programme.

The remaining schemes within the programme had identified forecast underspends of £973,221 due to £950,000 of works now having been incorporated into the successful Levelling Up scheme recently awarded.  The underspends were to be released back into the capital programme and £940,000 had already been earmarked to be set aside as part of the Asset Management / Fire Safety Compliance works as per the report to Cabinet on 8^th February 2023.

The overall net position was that the Capital Programme was forecasting a net underspend of £33,221 in year after the set aside of funds above.

The significant elements of the programme were as follows,

Report attached.

Members considered a report of Councillor Steven Smithson, Portfolio Holder for Environmental Services, on the proposed use of an alternate fuel for the Council’s vehicle fleet.

Councillor Smithson outlined the recommendations in the report.  He reminded Members of the Council’s declaration of a climate emergency and highlighted the fleet’s annual diesel usage and the case for switching to Hydro Treated Vegetable Oil (HVO).  The alternate fuel would be 22% more expensive than diesel, but this had been budgeted for.

The Leader noted that green options were not always cheaper but were the right thing to do for the planet and the Borough.  The measures complemented work already undertaken to install solar panels on Council buildings and plans to switch to electric vans.

Councillor Dad welcomed the report and confirmed the Labour Group’s shared vision and support for this initiative.  Councillor Peter Britcliffe, Deputy Leader of the Conservative Group, welcomed the proposal and acknowledged that green measures might not be the cheapest option.  However, given the bleak picture painted this week in the latest report released from the Intergovernmental Panel on Climate Change (IPCC) who advised the UN, action was required as soon as possible.

Approval of the report was not deemed a key decision.

Reasons for Decision

In September 2019 the Council had declared a climate change emergency and committed to reducing carbon emissions to net zero by 2030.

A recent assessment of the Council’s total CO2 emissions had calculated that the Council was responsible for the production of approximately 2,700 tons of CO2 per annum during the implementation of its duties.

Currently all vehicles in the Council’s vehicle fleet were run on diesel fuel and the Council used approximately 180,000 litres of diesel each year.  The Council had 54 vehicles which produced approximately 500 tons of CO2 per annum via exhaust emissions.  This equated to approximately 19% of the Council’s total CO2 emissions.

One way of reducing CO2 emissions produced by the Council’s fleet was by using HVO instead of diesel to fuel the vehicles.  HVO was a renewable diesel substitute which was chemically very similar to regular diesel.  However, as a result of the manufacturing process, it reduced net CO2 emissions by up to 90% (which would equate to a reduction of 450 tons in relation to the Councils fleet), as well as significantly reducing NOx and particulate matter from the diesel fleet.

HVO was a second generation biofuel and as such was a ‘drop in’ fuel meaning that no adaptations to the operational fuel infrastructure, vehicle or vehicle maintenance were necessary.  Other local authorities in Lancashire and across the UK were using HVO and had reported no operational issues or additional vehicle maintenance required when using HVO.

As the use of HVO would lead to a reduction in NOx and particulate matter from vehicles emissions (in addition to reducing net CO2 emissions) it was anticipated that another benefit of using HVO would be improved air quality in the Borough.

HVO was more expensive  ...  view the full minutes text for item 336.

Report attached.

The Cabinet considered a report of Councillor Kath Pratt, Portfolio Holder for Housing, Health and Wellbeing, seeking authority to negotiate, agree terms and dispose of a garage site at Livingstone Road, Accrington, at nil consideration, to Altham Parish Council,

Councillor Pratt outlined the background and main reasons for the proposed decision.

The Leader commented that he worked closely with the Parish Council, as that authority operated within his ward.  He noted that the adjacent allotment site had been transferred to the Parish Council a number of years ago.  Those allotments were well managed and the Parish council had a good track record of improving facilities.  Councillor Dad welcomed the proposals.  As the beneficiary of a building transfer by Lancashire County Council for a community centre many years ago, he understood the benefits if this type of transaction.  However, it was essential to protect the Council’s interests in any future capital receipt by the inclusion of an overage clause in the title transfer.

Approval of the report was not deemed a key decision.

Reasons for Decision

A request had been received from the Altham Parish Council to transfer the freehold of the garage plots at Livingston Road, as shown edged red on the plan provided as Appendix 1 of the report, to Altham Parish Council (APC) for a nil consideration.  The request represented an opportunity to transfer this asset to the Parish Council, a lower tier of local government, to facilitate the management of local assets and give local people a stake in the future of their area.

Adjoining the garage plot site were allotments which had been transferred to Altham Parish Council in 2017 at nil consideration pursuant to Section 9 of Schedule 29 Local Government Act 1972.  This legislation was specific to allotments and did not extend to the garage plots.

The site currently offered 7 garage plots that were all let and provided an income of £714 per annum.  The site did not incur any expenditure, but was not considered to be a critical operational site by the Allotments Officer, who did not object to the disposal.

The nil consideration offered by APC for the garage site was below the development market value of £28,700 and, as such, Cabinet needed to be satisfied that in the event of the disposal of the garage site to APC, this was likely to contribute to the promotion or improvement of economic, social and / or environmental well-being of the Borough or part of the Borough.

APC had provided supporting information with their offer which claimed they had built a good working relationship with the allotment holders and the Parish members over the last 2/3 years.  The work undertaken by both APC and allotment holders had improved the allotments.  APC claimed it had invested funds and reinvested the income from the allotments by way of clearing the vacant allotments, re-sizing to a more manageable size, providing new fencing and access gates, cleaning and managing the areas around the allotments  ...  view the full minutes text for item 337.

Report attached.

In accordance with Regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval was obtained from Councillor Patrick McGinley, Chair of the Resources Overview and Scrutiny Committee, to the following decision being made by Cabinet on 22^nd March 2023, under the special urgency provisions for key decisions, on the grounds that the decision was urgent and could not reasonably be deferred.

Members considered a report of Councillor Marlene Haworth, Deputy Leader of the Council, informing the Cabinet of work undertaken by independent consultants to the Council on potential alternative sites for the development of the proposed new leisure facility.  The additional report had been carried out in response to stakeholder feedback, highlighting concerns regarding the independence of the previous site options report.

In addition, the report sought approval to amend the delegated authority in place for the project.  Delegated authority for this project had previously been agreed to the Deputy Chief Executive.  As a result of the delegated person retiring from the organisation, the report identified a new director to delegate these responsibilities to.

Councillor Haworth outlined the main elements of the report, including the overarching need to increase public participation in health and wellbeing and the delivery of an investment plan to address the issue of ageing facilities via Hyndburn Leisure.  She reminded Members of the option sites considered by the consultants.

Each site had been assessed objectively using the same criteria.  Wilson Playing Fields was the independent consultants’ recommendation.  The site was already an established leisure and sports location.  Wilson had a good balance of access, parking facilities, links to countryside walks, which would support the site’s long term management and deliverability.  None of the other sites were considered to be suitable.

The report to Cabinet also reinforced the Council’s commitment to repurposing Mercer Hall and reiterated that it was no longer suitable for use as a leisure facility.  That building was not large enough and any extension proposed would be costly given the heritage considerations.  The building did however have potential for other uses.  It was an attractive structure and remained a positive addition to Great Harwood town centre.  There was now an opportunity to reinstate some of the original features of the historic building.

The proposed new leisure facility at Wilson Playing Field would be financed by up to £10M from the Council.  A funding application had also been made to Sport England for £2M.  The outcome of that bid was awaited.  An application would also be made to the Council’s capital fund in 2023 to deliver feasibility work at Mercer Hall.

The Leader commented that the process had continued over many years and had been well documented in numerous reports.  The emotional attachment of some residents to the existing leisure facilities was understood, but the decision had to be taken with the head rather than the heart.  It was still the intention to repurpose Mercer Hall, as had been done with Great Harwood Town Hall, Bank Mil  ...  view the full minutes text for item 338.

Recommended          That, in accordance with Regulation 4(2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during the following items, when it is likely, in view of the nature of the proceedings that there will otherwise be disclosure of exempt information within the Paragraphs of Schedule 12A of the Local Government Act 1972 specified at the items.

Details of any representations received by the Executive about why the following report should be considered in public – none received.

Statement in response to any representations – not required.

Resolved                                    -    That, in accordance with Regulation 4(2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, 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 item.

In accordance with Regulation 5(6)(a) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval is being sought from Councillor Josh Allen, Chair of the Special Overview and Scrutiny Committee, to the following decision being made by Cabinet on 22^nd March 2023, in private, on the grounds that the decision is urgent and cannot reasonably be deferred.

Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)

The attached Appendix, which contains exempt information, relates to Agenda Item 5.

Recommendation

That Cabinet notes the exempt information contained within Appendix D to the Part B report on Authorisation for Making CPO for Burtons Chambers (Agenda Item 5 refers).

In accordance with Regulation 5(6)(a) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval was obtained from Councillor Josh Allen, Chair of the Special Overview and Scrutiny Committee, to the following decision being made by Cabinet on 22^nd  March 2023, in private, on the grounds that the decision was urgent and could not reasonably be deferred.

Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)

Members considered an Appendix, which contained exempt information relating to Agenda Item 5.  The Leader provided a brief introduction to the content of the Appendix.

Resolved                                    -    That Cabinet notes the exempt information contained within Appendix D to the Part B report on Authorisation for Making CPO for Burtons Chambers (Agenda Item 5 refers).

In accordance with Regulation 5(6)(a) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval is being sought from Councillor Patrick McGinley, Chair of the Resources Overview and Scrutiny Committee, to the following decision being made by Cabinet on 22^nd March 2023, in private, on the grounds that the decision is urgent and cannot reasonably be deferred.

Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)

Report attached.

In accordance with Regulation 5(6)(a) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval was obtained from Councillor Patrick McGinley, Chair of the Resources Overview and Scrutiny Committee, to the following decision being made by Cabinet on 22^nd  March 2023, in private, on the grounds that the decision was urgent and could not reasonably be deferred.

Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)

Councillor Kath Pratt, Portfolio Holder for Housing, Health and Wellbeing, provided a short introduction to the report.  Councillor Dad spoke briefly in support of the proposals.

Approval of the report was not a key decision.

Reasons for Decision

The reasons for the decision were set out in the exempt report.

Alternative Options Considered and Reasons for Rejection

The alternative options considered and reasons for rejection were set out in the exempt report.

Resolved                                    -    That the recommendations as set out in the exempt report be approved.

Councillor Peter Britcliffe declared that he had a potential conflict of interest in the following matter due to his son being the secretary of a football club that might be affected by the project.  He left the room and took no part in the debate or decision.

In accordance with Regulation 5(6)(a) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval is being sought from Councillor Patrick McGinley, Chair of the Resources Overview and Scrutiny Committee, to the following decision being made by Cabinet on 22^nd March 2023, in private, on the grounds that the decision is urgent and cannot reasonably be deferred.

Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)

Report attached.

In accordance with Regulation 5(6)(a) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval was obtained from Councillor Patrick McGinley, Chair of the Resources Overview and Scrutiny Committee, to the following decision being made by Cabinet on 22^nd  March 2023, in private, on the grounds that the decision was urgent and could not reasonably be deferred.

Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)

Councillor Kath Pratt, Portfolio Holder for Housing, Health and Wellbeing, provided a short introduction to the report.  The Leader and Councillor Dad spoke briefly in support of the proposals.

Approval of the report was not a key decision.

Reasons for Decision

The reasons for the decision were set out in the exempt report.

Alternative Options Considered and Reasons for Rejection

The alternative options considered and reasons for rejection were set out in the exempt report.

Resolved                                    -    That the recommendations as set out in the exempt report be approved.