Agenda and minutes

There were no apologies for absence submitted on this occasion.

There were no reported declarations of interest or dispensations.

To approve the Minutes of the last meeting of Cabinet held on 10^th February 2021.

The minutes of the meeting of the Cabinet held on 10^th February 2021 were submitted for approval as a correct record.

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

To receive the minutes of the meetings of the following bodies:-

The minutes of the following meeting were submitted:

·         Cabinet Committee (Street Naming) – 10^th February 2021

The Leader of the Council, Councillor Miles Parkinson OBE, commented that a further meeting of the Cabinet Committee (Street Naming) would take place after this meeting.

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

There were no verbal reports provided on this occasion.

Report attached.

Councillor Paul Cox, Deputy Leader of the Council, provided a reportseeking approval for the existing Cabinet approved scheme, which allowed for support to be provided to registered charitable organisations, to be extended to unregistered charitable organisations or such other social or community organisations whose aims, objectives or purposes were for public benefit and/or not for profit basis.

Councillor P Cox highlighted that this proposal followed a report taken in August 2020 to support charitable organisations.  However, it had become apparent that there were other bodies established on a not for profit basis, which were not covered by the previous approval.  The intention was to standardise the approach taken in respect of all such bodies.

Councillor Marlene Haworth, Leader of the Opposition, commented that she understood the rationale for the decision, but had some concerns that the change would lead to the indoor Market Hall becoming filled with charity stalls.  There was already a large number of such outlets within the Borough.  She suggested that a cross-party working group be established to develop a new plan for the Market Hall.  A lot of money had already been invested in the Market Hall infrastructure and more might be required.  Councillor Haworth and others had a wealth of ideas about its future and were passionate about the need for it to be successful.  Councillor Kath Pratt, Deputy Leader of the Opposition, suggested that there should be an overall limit on the number of charitable stalls allowed.

The Leader of the Council indicated that, yesterday evening, the first meeting had taken pace of the Steering Group to discuss use of the Levelling Up Fund monies.  The project envisaged all stakeholders working together to secure the best possible outcomes.

Councillor P Cox responded that he appreciated Councillor Haworth’s comments and acknowledged that the report could be interpreted as opening the floodgates to charity stalls.  However, the reality was that this was a change to ensure that all not for profit organisations were treated equally.  Individual lettings would be at the discretion of the Market Hall management.  Such lettings were on very short term leases only.

Over the last 12 months lots of schemes had been implemented to draw in businesses into the Market Hall, including staggered rent for new stall holders, gradually increasing from zero over a period of 4 months.  Take up on the balcony had already started to increase.  However, growth was difficult in the face of the pandemic.  Councillor P Cox had visited the Market last Wednesday to speak to traders.  They were optimistic that footfall was starting to increase.  Not for profit organisations would be only part of the mix of stalls inside the Market Hall.  Councillor Parkinson summarised by stating that the Market Hall would not be considered in isolation.  Last night’s meeting on Levelling Up had demonstrated that the right expert advice was needed and the right stakeholders would need to be involved in the regeneration of the high street.

Approval of the report was not a key  ...  view the full minutes text for item 171.

Report attached.

Councillor Joyce Plummer, Portfolio Holder for Resources, provided a report to advise Members of the outcome of the recent consultation relating to the changes to the taxi licensing policy, following the release of the new Statutory Guidance introduced by the Secretary of State for Transport relating to taxi and private hire licensing.  The report also sought approval of the new Taxi and Private Hire Licensing Policy.

Councillor Plummer advised that the focus of the statutory standards was on protection of children and vulnerable adults, but wouldbenefit all.  Common standards were required, which had been discussed nationally with the trade.  The Department for Transport (DFT) expected the standards to be implemented.  The Council had considered them carefully and reviewed its own policy in the light of the new guidance and carried out appropriate consultations with the taxi trade, public and other stakeholders.  No responses had been received to the consultation.  The report included a summary of the changes required to Hyndburn Borough Council’s Licensing Policy.

Approval of the report was not a key decision.

Reason for Decision

In July 2020 the Department for Transport (DFT) had issued new statutory guidance to licensing authorities responsible for the issuing of licences and regulating those in the taxi and private hire industry.  The guidance set out taxi and private hire vehicle standards.  The guidance stated that 'the Department has carefully considered the measures contained in the Statutory Taxi and Private Hire Vehicle Standards and had recommend that these should be put in to practice and administered appropriately to mitigate the risk posed to the public.  The purpose of setting standards was to protect children and vulnerable adults, and by extension the wider public, when using taxis and private hire vehicles.'

The DFT had stated that the Statutory Guidance had been issued because 'there is evidence to support the view that taxis and private hire vehicles are a high-risk environment. In terms of risks to passengers, this can be seen in abuse and exploitation of children and vulnerable adults facilitated and in some cases perpetrated by the trade and the number of sexual crimes reported which involve taxi and private hire vehicle drivers.  Links between the trade and child sexual abuse and exploitation have been established in many areas and other investigations continue.  Data on reported sexual assaults by taxi and private hire vehicle drivers evidence the risk to passengers; data from Greater Manchester and Merseyside suggest that, if similar offence patterns are applied across England, 623 sexual assaults per year are reported.  These figures do not however account for the under reporting of crime which is estimated to be as high as 83 percent in the Crime Survey for England and Wales.'

The Policing and Crime Act 2017 enabled the Secretary of State for Transport to issue statutory guidance on exercising taxi and private hire vehicle licensing functions to protect children and vulnerable individuals who were over 18 from harm when using these services. For the purposes of  ...  view the full minutes text for item 172.

Report attached.

Councillor Loraine Cox, Portfolio for Housing and Regeneration, provided a report informing Cabinet of the interest and bids received for the land on Church Canal Gateway, Blackburn Road, Church, Accrington, BB5 4HP, and seeking Cabinet’s approval to dispose of the Council’s interest in the site to the preferred bidder as set out in this report.

Councillor L Cox confirmed that she was delighted to bring this report to the Cabinet, which would involve disposal of the site for retail or leisure use.  The site had been advertised and significant interest had been shown with the top four highest bids listed in the report.  Acceptance of the highest offer, Bid A, was being recommended, subject to satisfactory terms being agreed and with the necessary delegations in place to finalise the arrangements.

The Leader of the Council commented that he was pleased to see another brownfield site released for regeneration, as this site had remained undeveloped for some time.  The area was a key site at the Church Gateway and its redevelopment would provide new amenities for the residents of Church.

Councillor Marlene Haworth registered her support for the project and asked if she could be made aware of the type of retail or leisure development proposed.  The Leader indicated that this could be made available privately to her, but at present the retailer wished to remain unnamed to protect commercial confidentiality.

Councillor Munsif Dad also expressed support for the sale of the land and thanked the Portfolio Holder and officers for their work in bringing this project to fruition over the last four years, or so.  This was a prime spot for redevelopment.

Approval of the report was not a key decision.

Reason for Decision

The Church Canal Gateway site extended to approximately 1.57 acres.  The site had formerly been housing and was, therefore, not designated within the local plan, but discussions with the planning team had indicated support for mixed use, especially employment.  Retail use was not ruled out, but would require a sequential test to show that the town centre or other sites were not practical in terms of availability, suitability, or viability.  The site was also subject to “Planning Advice for Developments near Hazardous Installations” (PADHI) due to its close proximity to Blyth’s.  Previous advice had indicated that employment and retail uses were likely to be supported by the PADHI requirements, but this would need confirming.

The Council’s in-house valuer had produced an updated valuation appraisal of the site based on a GDV (gross development value, costs and profit margin) that had resulted in a site value of £450,000, reflecting circa £260,000 per acre.

The site had been placed on the open market by Trevor Dawson at the end of November 2020, requesting that all offers be submitted to the Estates Team at HBC in writing by the 20^th December 2020.  In total, the Council had received 11 offers, all in varying degrees of detail, with the two highest offers (Bids A and  ...  view the full minutes text for item 173.

Report Attached.

Councillor Miles Parkinson OBE, Leader of the Council provided a report seeking approval from Cabinet to grant a lease of part of King George V Playing Fields in Accrington, including associated car park and changing pavilion to Accrington Stanley FC Limited and to agree the arrangements for the grant of the proposed lease.

The report also sought approval for the dedication of Oak Hill Park, Accrington, to Fields in Trust, and the dedication of King George V Playing Fields to Fields in Trust, if required, and the entry into all other ancillary agreements with third party interests as might be required in order to facilitate the grant of the above lease.

The Leader of the Council referred to a minor correction to paragraph 2.2 of the report, which should refer to ‘paragraph 3.18’ not ‘paragraph 3.8’.  The Leader indicated that Accrington Stanley FC (ASFC) were a national brand and the club was in need of appropriate training facilities.  The Council owned a site at King George V Playing Fields, which was currently not used to its full potential.  Accordingly, the needs of both organisations were closely aligned.  It was, therefore, proposed to grant a lease for the use of the site to ASFC on the terms set out in the report.

Additional agreements might be required with Fields in Trust, Sport England, the Football Foundation and the Secretary of State for Housing Communities and Local Government to facilitate the lease.

Accrington Stanley FC was going from strength to strength and was a source of pride to both residents and supporters from further afield.  In order to stay at the level of professional football currently enjoyed, the ASFC would require access to similar facilities to other League 1 clubs.  The site overlooked the town of which they club were a part.  The club would make a significant investment in the site and there would be some community use available.  The financial contribution from the football club to the Council, in the sum of £550k, could be reinvested in the development of other leisure facilities, such as those at Wilsons Playing Fields.

Under the stewardship of Andy Holt, ASFC had emerged from a difficult financial position and was fully now engaged with the Council in realising its plans and ambition.  The club attracted thousands of visitors to the town, with hotels and pubs all benefiting from the additional trade.

Approval of the report was not a key decision.

Reason for Decision

The detailed reasons for the decision were set out in the report, which included information on the following:

• Previous works on the site;
• Community use agreement;
• ASFC training needs and proposed usage of the site;
• Changes to demand from community football;
• Charities Commission and Fields in Trust matters and implications for Oakhill Park;
• Section 123 Local Government ct 1972 - disposal of land implications and procedure;
• Valuation and economic, social or environmental well-being considerations;
• Sports England and Football Foundation requirements;

·       Heads of Terms;

• Anticipated benefits to both the Borough  ...  view the full minutes text for item 174.

Report Attached.

Councillor Joyce Plummer, Portfolio Holder for Resources, provided a report informing Cabinet of the financial spending of the Council up to the end of January 2021 and the financial forecast outturn position for the Accounting Year 2020/21.

Councillor Plummer highlighted key elements of the report, as follows:

• The adverse variance forecast had been reduced to £225,000 from an original forecast of between £1M – £2M;
• But for COVID-19 the Council would have returned a surplus;
• Additional grants and further savings had helped the Council’s position;
• Potential losses and the uncertain position at Hyndburn Leisure had now been stabilised.  A bid for £170k support from Government was likely to be successful, but would be split over 2 years (£50k for 2020/21 and £120 for 2021/22).  The Council would need to cover the £120k shortfall in 2020/21, which equated to around half of the Council’s adverse variance.

Councillor Marlene Haworth enquired about the reason for the additional staffing costs for Regeneration and Property Services, in the sum of £228k (paragraph 3.8 of the report refers).  This did not appear to be consistent with the practice of redeploying staff, as necessary, during the pandemic.  It would be useful to receive an explanation of how the additional costs were incurred.  The Leader indicated that the Portfolio Holder would provide a written response on this point.

Approval of the report was not a key decision.

Reason for Decision

The spend for the first 10 months of the financial year to the end of January 2021 was £9,382,000 compared to a Budget of £10,919,000 giving a positive variance of £1,537,000 over the first 9 months of the year.

The current forecast spend to the end of the financial year in March 2021 was £11,452,000 compared to a Budget of £11,227,000.  This forecast produced an adverse variance of £225,000 by the end of the financial year.  The adverse variance across the Council was attributable to the impact of COVID-19 on the Council’s overall financial position, requiring it to spend additional sums to address the impact of the pandemic while at the same time suffering a reduction in its income, due to the downturn in economic activity stemming from the pandemic.

The predicted level of variance against the Budget could be managed within the Council’s overall reserves.

The financial detail was set out in a table at the end of the document and the report also included more detailed commentary about expenditure in the following service areas:

• Environmental Services;
• Culture and Leisure Services;
• Planning and Transportation ;
• Regeneration and Property Services;
• Policy and Corporate Governance; and
• Non Service Items.

The figures for service areas include estimated losses in income due to the pandemic less additional specific Government funding to help offset some of the losses incurred.  Overall, the authority had estimated a loss in income across the Council of £1,043,000 and had assumed the Government would provide a grant of £593,000 to offset those losses.  The estimate was based around the Government guidance issued in this area.  This  ...  view the full minutes text for item 175.

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 Act 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.

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

In accordance with Executive Procedure Rule B16(c), to receive a report on decisions taken under urgency procedures. The following decisions are attached for noting:-

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

In accordance with Executive Procedure Rule B16(c), Members considered a report on the following decisions taken under the urgency procedure:-

Resolved                                    -    To note the report on urgent decision taken.

In accordance with Regulation 5(6)(a) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval has been sought from Councillor Glen Harrison, Chair of the Communities and Wellbeing Overview and Scrutiny Committee, to the following decision being made by Cabinet on 17^th March 2021, 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).

Exempt Information under the Local Government Act 1972, Schedule 12A, Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Councillor Loraine Cox, Portfolio Holder for Housing and Regeneration, provided a report seeking the Cabinet’s approval to the disposal of the Council’s interest in the land known as Clayton Triangle, for residential development as set out in the report.

Councillor L Cox was pleased to report the substantial progress made in relation to this key brownfield site.  There had been lots of interest in the site over the years, but until now nothing had come to fruition.  The Council was working closely with the developer and current land owners to make the site available for a good quality housing development.

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.