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 14^th July 2021.

The minutes of the meeting of the Cabinet held on 14^th July 2021 were submitted for approval as a correct record.

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

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

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

The Leader of the Council, Councillor Miles Parkinson OBE, reported that the premises had been a community hub since the 1960s and was a key facility for the area.  The Council had for a long time been considering how to maintain the building as a centre for the community and for wellbeing.  At a recent Cabinet Briefing there had been support to accommodate existing organisations within the premises, such as Clayton Amateur Boxing Club, as well as providing for those organisations displaced by the closure of the Arthur Wilson Centre.  To meet those ends, Hyndburn Leisure had stepped up to acquire the site.  The Council had been pleased to agree to this acquisition.

The site would now been developed as a multi-use space for both charities and businesses.  It would also support the Leisure Transformation Partnership, with partners working together to deliver better health outcomes for residents.

Resolved                                    -    To note the report on urgent decisions taken.

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

There were no verbal reports provided on this occasion.

Report attached.

Councillor Miles Parkinson OBE, provided an update on the progress of the Levelling Up Fund Bid, the commissioning of external consultancy work and the spend to date.

The Leader indicated that the current activities were an important step in enabling the Council to submit a bid for around £20M.  The report outlined what had been achieved so far and the costs.  He reminded Members that in the Annual Budget the Council had set aside £150k to kick-start this work.  The Council had also been designated as a Priority 1 area, which would attract an additional £120k of funding.  The expenses, as listed in the report, had to meet strict criteria.

Consultation was an important stage in the bidding process and the options which emerged would be carefully scored on what they were likely to achieve.

Councillor Paul Cox, Deputy Leader of the Council, highlighted the expenditure set out at Paragraph 3.1 of the report.  The polling of residents was a particularly important step.  The work done so far provided the necessary evidence base to support the bid.   The Council had to spend on these items in order to attract in the larger sums provided by the Fund.  Working with key stakeholders was also essential.  The preparations would need to be completed in time for the Government’s Budget, at which time it was anticipated that an announcement would be made inviting the 2^nd tranche of Levelling Up Fund bids.

Councillor Michael Miller, Joint Deputy Leader of the Conservative Group, asked if the costs listed were estimates or actual expenditure.  He referred to the highways projects which would be depend on the outcome of the consultations.  The Leader responded that some figures were estimates, as work was still in progress.  Atkins, the highways consultants used by Lancashire County Council (LCC), had been engaged to carry out the highways designs.  Hyndburn’s projects would need to be developed in collaboration with any schemes being undertaken by LCC as part of that council’s bid.  It was envisaged that LCC would prioritise work across East Lancashire.  This issue had been raised at a recent Lancashire Leaders meeting and had been supported by the Leaders of other neighbouring East Lancashire authorities.

The Levelling Up Fund bid would sit alongside further work being undertaken to develop a Town Centre Investment Plan, which would identify other funding sources for future projects.

Approval of the report was not deemed a key decision.

Reasons for Decision

The full reasons are set out in the main report, which includes information on the following matters:

• Background to the Levelling Up Fund;
• Appointment of consultants, Bradshaw Advisory Limited (BA) to lead the bidding process;
• Learning from the High Street Fund bid and identifying the town’s strengths;
• Engaging with a wide range of stakeholders (as listed in the report);
• The overarching Stakeholder Board and details of its membership;
• Timings and decision to submit a bid in Round 2;
• The brief for BA: namely the Levelling Up Fund bid and Town Centre Investment  ...  view the full minutes text for item 124.

A notice has been published in accordance with Regulation 10(1)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 that the matter is key decision being considered under the General Exception procedure.

Report attached.

In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information (England) Regulations 2012, a notice had been published on 7^th September 2021 under the General Exception Procedure confirming that Councillor Jenny Molineux, Chair of the Communities and Wellbeing Overview and Scrutiny Committee had been informed that the following key decision was to be made by Cabinet on 15^th September 2021 without publishing details of the decision at least 28 days before the meeting.

Councillor Paul Cox provided a report seeking approval to the making of a Public Spaces Protection Order (PSPO) pursuant to section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“The Act”) relating to dog control within the Borough of Hyndburn.

Councillor P Cox highlighted the main elements of the report, including the relevant legislation and reasons for use of a PSPO, consultations undertaken and additional areas identified for inclusion in the PSPO (namely Borough sports pitches and the Rose Garden in Haworth Park).

Councillor Munsif Dad BEM JP, commented that he had discussed dogs being exercised in cemeteries with Councillor P Cox.  This was a particularly sensitive issue in relation to the Muslim burial plots.  He acknowledged that the majority of dog walkers using the cemeteries did behave responsibly by keeping their dogs on leads, but a minority allowed their dogs to roam free, which had led to fouling on graves.  This was unacceptable to all sections of the community.  Councillor Dad hoped that his concerns would be addressed.

Councillor Marlene Haworth, Leader of the Conservative Group, welcomed the report, which was widely supported by the Opposition Group.  She expressed disappointment at irresponsible dog owners.  She had witnessed at least three people today in Haworth Park whose dogs were not on leads.  She expressed a hope that compliance with the PSPO could be monitored effectively.  Councillor Harrison commented that the restrictions in Haworth Park applied only to the Rose Garden, as this was used for weddings.  Councillor P Cox indicated that the Council employed a dog warden (in-house), but that the relied heavily on intelligence from members of the public.  Residents should send their observations in to the Council.  Dog walkers tended to be creatures of habit, following a set route a set times of the day, so irresponsible owners should be easy to identify.  Any infractions would attract a fixed penalty.

Approval of the report was considered to be a key decision.

Reasons for Decision

Legislation relating to Dog Control had changed in 2014 with the introduction of the Anti-Social Behaviour, Crime and Policing Act 2014.  The Act superseded The Clean Neighbourhoods and Environment Act 2005 in relation to dog control.

The Act required local authorities to use PSPOs instead of dog control orders.  To make a PSPO a local authority had to be satisfied that activities carried on in a public place had, or were likely to have, a detrimental effect on the quality of life of those in the locality (s 59 (2) of  ...  view the full minutes text for item 125.

Report attached.

Councillor Joyce Plummer provided a report seeking approval for an amendment to the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing to remove the requirement for swivel seats to be fitted in all saloon type hackney carriage vehicles for the front passenger.

Councillor Plummer summarised the content of the report including the relevant legislation and the current condition applied in Hyndburn for swivel seats in saloon type hackney carriage vehicles.  She reminded Members that protective screens had been provided for all hackney carriage and private hire vehicle as a result of the Covid-19 pandemic.  However, this meant that the swivel seats could no longer operate properly.  In general, the seats had always been cumbersome and difficult to use.  A group of elected Members had tested the seats while visiting a taxi rank and had identified safety implications regarding the use of swivel seats.  The intention was to remove this condition from the vehicle licence.  There remained 6 ‘London’ taxis or wheelchair accessible vehicles in service, which represented around 12% of the licenced hackney fleet.

Councillor Munsif Dad BEM JP welcomed the report, having raised these issues over a long period of time.  Appropriate consultations had been carried out, including councillors visiting a taxi rank.  The proposals had the support of the hackney carriage drivers.  He also welcomed the provision and continued use of the safety screens which helped to protect drivers and customers alike.

Councillor Marlene Haworth also welcomed the report.  She queried whether sufficient thought had been given to what alternative provision was available for disabled taxi users.  Councillor Plummer indicated that swivel seat usage had been very low and in many cases seats had never been used.  She reiterated that a number of other accessible vehicles were licensed as hackney carriages and the Leader added that Lancashire County Council also had a Dial-a-Bus service for disabled travellers.  Councillor Dad commented that in practice disabled users were already being referred to the specialist vehicles that were in operation, as these were more practical to use.

Approval of the report was not deemed a key decision.

Reasons for Decision

Under Section 47 of the Local Government (Miscellaneous Provisions) Act the Council could attach to the grant of a hackney carriage vehicle licence such conditions as the Council might consider reasonably necessary.  Any person aggrieved by a condition could appeal to the magistrate's court.  In pursuance of Section 47 some time ago the Council had attached the following conditions to hackney carriage vehicle licences:

“All new or replacement hackney carriage vehicles must be;-

a “London” type hackney carriage, or  a suitable wheelchair accessible vehicle, approved by the Council, for licence numbers 54 to 62

a saloon car approved by the Council to be fitted with a swivel seat for licence numbers 1 to 53

Swivel seats must be fitted to compatible vehicles by an authorised company in accordance with the vehicle and seat manufacturers guidance and the company concerned must provide certification of compliance with these requirements;  ...  view the full minutes text for item 126.

Report attached.

Councillor Miles Parkinson OBE provided a report onthe work that had been undertaken in relation to Gypsy and Traveller site allocation and policy, following the Cabinet update provided in January 2021 and which set out the current position in relation to such provision.

The report also set out the proposed planning policy approach to address the needs of travellers in the new Local Plan.  The Council were currently involved in two Planning and Enforcement Appeals, relating to unauthorised Gypsy and Traveller development and the report was intended to set out the direction of travel that the Council was proposing to take in relation to Gypsy and Traveller site provision.  This was with a view to addressing any concerns raised by Members prior to the ‘Publication’ version of the Local Plan being issued.

Councillor Parkinson highlighted that the Council had to meet identified accommodation need for gypsies and travellers and the report provided the context for this process, as well as the grounds to defend Planning and Enforcement Appeals, such as those on-going in relation to Back Lane, Baxenden and Moss Lane, Oswaldtwistle.

Councillor Munsif Dad BEM JP expressed concerns about proposed additional caravans at Springvale, Accrington, as there had previously been friction between the residents of Fairfield Street and Springvale Avenue and existing caravan residents at the site.  Councillor Marlene Haworth expressed similar concerns in respect of an extension to the Sough Lane, Oswaldtwistle site.  The Leader reiterated the intention to address elected Members questions and concerns before the publication of the formal ‘Publication’ version of the Local Plan.  The Council was happy to make appropriate provision for the travelling community and could not base its decisions on speculation and prejudice.  However, it did understand that residents might have strongly held views on site locations.  It was the Council’s view that the sites identified were the most suitable available.

Councillor Howarth queried whether the Council had reached the point where it had already made enough provision available and questioned whether there was a finite limit.  The Leader responded that this was determined by Government policy.  Ideally the travelling community would be dispersed fairly and evenly across the whole country.  In the past Hyndburn had met its responsibilities proactively, whereas some of its neighbours and neighbouring counties had not done so.  This had led to an established gypsy and traveller community in the Borough and increasing accommodation need.

Councillor Michael Miller asked if the Hyndburn’s reduced housing needs allocation applied proportionately to the need for gypsy and traveller accommodation.  The Leader commented that these were separate issues.  For mainstream housing it was known that Hyndburn had an overprovision of 1 and 2 bedroom accommodation and terraced homes and aspired to create more large family homes.  The accommodation need identified for travellers had been based on the minimum figures necessary, but the reality was that these were still higher than neighbouring authorities due to historic provision.

Councillor Miller enquired if more could be done to promote use of brownfield sites, rather  ...  view the full minutes text for item 127.

Report attached.

Councillor Paul Cox presented a report seeking approval to waive the Council’s Contracts Procedure Rules for the appointment of a suitably experienced consultant to provide information relating to the installation of electric vehicle charging points in Council depots.

Councillor P Cox highlighted the intention to appoint the Association of Public Sector Excellence (APSE) as the consultant to undertake the technical research and produce information required to engage an appropriate contractor for the installation works.  APSE could be appointed quickly and following evaluation of the work required a full tender exercise could be carried out for the main project.

Councillor Haworth asked how many charging points would be installed.  Councillor P Cox responded that this would be part of the evaluation work undertaken by APSE.  Councillor Haworth also asked about the public charging points previously sited near the Town Hall.  Councillor Michael Miller queried whether new public charging points would form part of the Levelling Up bid, for example, they could be sited in Council car parks.  Councillor Cox clarified that the report related only to charging points for the Council’s planned fleet of electric vehicles at Willows Lane.  The Leader added that on-street charging points would be a matter for Lancashire County Council.  The charging points originally outside the Town Hall had been relocated to St James Street.  He noted that the technology was rapidly developing, with inductive/wireless power transfer charging possibly on the horizon.

Approval of the report was not deemed a key decision.

Reasons for Decision

The Council had declared a climate emergency in 2017 and since then had been working to reduce its carbon footprint.

Over the last 5 years electric vehicle technology had moved on to a point whereby the Council could consider replacing some of its smaller works vans with electric vehicles.

When researching what electric vehicles would be suitable to be used as part of the Council’s fleet it had become evident that prior to procuring any electric vehicles the Council needed to have electric vehicle charging points available for these vehicles within its depots.

There was not only a need to assess how many electric vehicle charging points would be needed to keep the fleet running, but also whether the mains electrical supply to the depots was sufficient.

It was recognised that the Council did not have the specific knowledge or experienced staff ‘in house’ to undertake the necessary technical research and produce information suitable for engaging an appropriate electrical contractor to install the electric vehicle charging points.

The Association of Public Sector Excellence (APSE) were a not for profit organisation who provided information, advice and expertise to over 300 Local Authorities throughout the UK.  APSE were able to provide the specific knowledge and experienced staff to provide a report containing the necessary information to the Council outlining the most effective way to install electric vehicle charging points.  The Council had previously engaged APSE on a consultancy basis to provide specific knowledge and experience for the public sector decarbonisation project currently underway.

Waiving  ...  view the full minutes text for item 128.

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.

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:-

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:

Councillor Michael Miller enquired why the repair works to the roof at Hyndburn Leisure Centre had not been addressed prior to the approval of the decarbonisation works and if this delay might jeopardise the main scheme.  Mr David Welsby, Chief Executive, reported that the deadline for completion of the decarbonisation works had now been extended so that the grant was not at risk.  Also, it had not been possible to know the exact state of the roof until the inspection works for the main project had been carried out.

Councillor Miller also asked about the source of the funding for the roof repair works.  The Chief Executive confirmed that there were already reserves in place for remedial and maintenance works at the Sports Centre.  The overall project would be a mixture of capital programme works and grant funding for decarbonisation.

Resolved                                    -    To note the report on urgent decisions taken.