Agenda and minutes

Apologies for absence were submitted on behalf of Councillor Munsif Dad BEM JP, who had a standing invitation to attend Cabinet meetings as Leader of the main Opposition party.

There were no reported declarations of interest or dispensations.

To approve the Minutes of the last meeting of Cabinet held on 21^st September 2022.

The minutes of the meeting of the Cabinet held on 21^st September 2022 were submitted for approval as a correct record.

In respect of Minute 105 – Pest Control, Councillor Miles Parkinson OBE, Leader of the Council, reminded Members that the waiting time for visits was currently up to 5 weeks, but that 40% of appointments led to no treatment being undertaken.  A trial scheme to reduce abortive visits, by retrospectively charging £25 for missed appointments, had not been successful.  The new appointment fee proposed of £30 would equate to £7.50 per officer visit.  The Lancashire average appointment fee was £48.62.  The impact of the new pricing policy would be carefully monitored.  The Opposition had raised some concerns about the changes via the Call-In process.  Earlier today, at the Communities and Wellbeing Overview and Scrutiny Committee, the availability of a local Household Support Fund had been pointed out.  Eligibility for the fund was means tested, but there was no charge for applications.

Councillor Noordad Aziz applauded the actions of Councillors Scott Brerton and Colin McKenzie who had called in the decision, which had led to the above assurances around access.

Councillor Aziz also referred to Minute 108 – Selective Landlord Licensing Scheme, and indicated that he had not yet received a written response to questions submitted in accordance with the advice set out at Paragraph 3 of that minute.  The Leader and Head of Regeneration and Housing indicated that they did not recall receiving the questions, but officers would follow up this matter after the meeting.

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 reported that the public consultation on the proposed submission version of the Local Plan had now commenced.  The Local Plan would shape the future growth of the Borough, through its employment and housing plans.  Public meetings had been arranged on the following dates:-

• Clayton-le-Moors Community Centre – Wednesday 2^nd November 2022 (3.30pm – 7.30pm)
• Oswaldtwistle Civic Arts Centre – Thursday 3^rd November 2022 (3.30pm – 7.30pm)
• Bank Mill House,Great Harwood – Friday 4^th November 2022 (3.30pm – 7.30pm)
• Rishton Conservative Club – Tuesday 8^th November 2022 (3.30pm – 7.30pm)
• Accrington Town Hall – Wednesday 9^th November 2022 (3.30pm – 7.30pm)
• Huncoat (date in November and venue to be arranged)

This would be the final consultation before the submission and examination stages of the process.

A former Huncoat councillor, Mr Dave Parkins, was given permission to speak and asked if public meetings in Huncoat could be arranged at St Augustine CE Church and at Huncoat Primary School.  The Leader responded that he would put forward those suggestions, but it was likely that only one meeting would take place.

The Leader summarised by stating that the Local Plan was critical to housing and employment development in the area.

Report attached.

The Cabinet considered a report of Councillor Marlene Haworth, Deputy Leader of the Council, seeking a continuation of the support for the ground floor indoor market hall traders by extending the current period of rent concessions.

Councillor Haworth highlighted key elements of the report as follows.  The main proposal was to extend the period of rent concessions for ground floor traders.  The traders had been supported through lockdown and although COVID-19 restrictions had now been lifted, despite some initial improvements in footfall, the economic downturn and other pressures on household spending meant that trading conditions were still difficult.  She was delighted to be able to propose the extension to the support already provided.  Councillor Peter Britcliffe, Portfolio Holder for Levelling Up, added that it was vital to continue to support market traders, particularly given their location at the heart of Accrington Town Centre.  He hoped that the ground floor cafes would also be eligible for this support.

The Leader added that the extension would run for nine months, from 1 April 2023 to 31 December 2023.  He summarised the support which had been provided previously.  A second decision was being proposed in connection with the introduction of a service charge in certain circumstances for the balcony units, following an application from a potential tenant who would require significant electrical energy usage.

Councillor Melissa Fisher, Joint Deputy Leader of the Labour group, made some comments and asked a number of questions as follows:

• The Labour group supported the use of concessions.
• Could a discount be offered to the balcony units, particularly as problems with the lift might have reduced footfall upstairs?
• Some concerns had been expressed about plans to move traders to temporary accommodation on Broadway for up to 14 months during remodelling, subject to the success of the Levelling Up Fund bid.

Councillor Haworth responded that the lift had been a cause of concern, as parts were becoming more difficult to source.  She was currently discussing with officers the possible provision of a new lift.  It was hoped that this could be installed within the next few months.  In respect of the relocation of traders, the use of Broadway was one of several suggestions discussed with traders, including the use of porta-cabins, pop-up stalls or empty shops.  No firm plans had yet been made, as this was dependent on the Levelling Up Fund bid.  However, traders would be kept informed.  The Leader added that engagement would take place with traders when any firm options were being considered.  The option chosen would depend on the nature and time requirements of the refit, which could involve staged moves or a full closure of the market hall.

Councillor Aziz asked if the service charges proposed for the balcony units and the fact that this was at the discretion of officers, might force traders to leave the market hall.  The Leader reiterated that this would only be in exceptional circumstances.  Councillor Haworth indicated that the matter had been discussed with the potential trader, as  ...  view the full minutes text for item 149.

Report attached.

Councillor Steven Smithson, Portfolio Holder for Environmental Services, provided a report seeking approval for a proposed increase in allotment rent charges from the 1^st January 2024.

Councillor Smithson outlined the main elements of the report.  It was proposed that the allotment rent charge be increased from 24p/m² per annum to 25p/m² per annum (4.2% increase) from 1^st January 2024.  In order to make the change 12 months’ notice needed to be given.  The increase would maintain the service on a cost neutral basis to the Council.  The increases were considered to be reasonable when compared to neighbouring authorities, such as Blackburn with Darwen and Burney Councils.  The Leader also highlighted some issues including the tenants’ preference for small regular increases, historically low rents, recent site improvements and the lack of objections from the Hyndburn Federation of Allotments.

Councillor June Harrison asked if there was a waiting list for tenancies.  Councillor Smithson believed this to be the case, but the matter would be clarified as information was due to be reported soon to Overview and Scrutiny.  A written response would be provided to Councillor Harrison.  Councillor Kate Walsh, Joint Deputy Leader of the Labour group, asked how long the waiting list was and whether new allotments could be created via the Local Plan process, to avoid over-development of urban areas and to improve the green environment.  The Leader responded that there were already designated sites for allotments, which included some private sites near the Dunkenhalgh Hotel and some sites transferred to Altham Parish Council.  However, to increase this number would require additional land to be purchased by the Council and require changes within the Local Plan which could not easily be implemented until the next plan in 2037.

Approval of the report was deemed a key decision.

Reasons for Decision

It was recommended that from 1^st January 2024 the allotment rent charge be increased from 24.0p/m² annum to 25.0p/m² annum (4.2% increase). 

The allotment rent increment 2025 onwards would be considered in subsequent Cabinet reports during 2024, at a time when the increased inflationary pressures on the Council’s service costs were known.

During 2012 the Council had consulted with the allotment tenants.  83% of those responding had said that rent should be increased regularly in small amounts rather than a single large increase at irregular intervals. 

Since 2014 the Council had progressively increased the allotment rents in small annual increments to ensure that the annual rate of increase was kept reasonable.  A list of annual rents charged per m² and the minimum charge regardless of plot size, for the period 2014 to 2024 was set out in the report,

Prior to 2014, the allotment rents had not been increased since 2006 and were amongst the lowest in England (data supplied by the National Allotment Society).  Between 2006 and 2014 the annual allotment rents were charged at an average of 7.5p/m²

The Council had a legal duty to notify tenants 12 months in  ...  view the full minutes text for item 150.

Report attached.

Councillor Steven Smithson, Portfolio Holder for Environmental Services, provided a reportinforming the Cabinet about an offer from the national governing body for tennis in the UK, the Lawn Tennis Association (LTA), to fund the refurbishment of the tennis courts in Oakhill Park.

Councillor Smithson outlined the proposal from the LTA, and the recommendations to accept the offer, to approve the necessary delegations to officers to negotiate and agree terms with the LTA and to enter into a licence or agreement to allow the works to be carried out.  He highlighted that there were three tennis court sites in the Borough, at Oakhill Park and Peel Park in Accrington and at Lowerfold Park in Great Harwood.  The largest site was at Oakhill Park, but the surface was uneven and line markings were faded.  The LTA had categorised the courts as poor and had offered to invest around £50k for their refurbishment.  The costs proposed by the LTA for use of the refurbished tennis courts at Oakhill Park were £5 per hour for ‘pay as you play’ or £25 for an annual household pass.   The Council’s other tennis courts would remain free to use.

Councillor Peter Britcliffe commented that this was great news, as the tennis courts had been somewhat neglected over time.   Other tennis courts across the Borough in Rhyddings Park and Gatty Park had been taken out of use in previous years.  Councillor Harrison commented that she and Councillor Joyce Plummer had personally erected the netting at the Peel Park courts over the last few years.

Approval of the report was not deemed a key decision.

Reasons for Decision

The majority of park tennis courts in the UK were owned by local authorities, however, increasing pressure on local authority budgets over the years had resulted in significant underinvestment, leaving approximately 45% of all park tennis courts in a poor, very poor, or unplayable condition.

Research had found that poor quality courts were disproportionately found in lower income areas.  The LTA’s Parks Investment Funding aimed to help address this underinvestment, opening up the sport to people of all backgrounds, and ultimately providing greater opportunities for everyone to follow the Chief Medical Officer’s guidance on physical activity.

At the Autumn Budget 2021, funding of £21.9m had been made available for investment into rejuvenating dilapidated park tennis courts throughout the UK.  Alongside this, a further £8.4m of funding committed had been committed by the LTA, taking the total funding package for the two year investment programme to £30.3m.

Park tennis courts were particularly important in providing affordable opportunities for anyone to pick up a racquet.  With over 1.7 million adults playing on park courts every year, parks played a critical role in ensuring the sport was accessible to all and tennis could contribute to well-being benefits.

Through this Investment Programme, LTA’s ambition was to support local authorities to develop quality, sustainable park tennis facilities for all, and attract 1 million more players to the sport across the UK, contributing to health, social  ...  view the full minutes text for item 151.

Report attached.

Members received a report of Councillor Joyce Plummer, Portfolio Holder for Resources, informing the Cabinet of the 3-year projections of income and spending for the Council ahead of formulating the actions it needed to take to produce its 2023/24 Revenue and Capital Budgets.

Councillor Plummer provided a brief introduction to the report.   She summarised the background to the Strategy, including high levels of uncertainty due to COVID-19 and the war in Ukraine, as well as pressures caused by demand for food, oil and gas, as well as inflation and global recession.  The Government was required to balance the demands of public expenditure and its own financing.  It was hoped that some of these uncertainties would diminish over time to provide economic stability.   The Medium Term Financial Strategy (MTFS) presented three different scenarios for the next three years based on standard, pessimistic and optimistic models.  Each scenario would have different financial consequences for the Council.

Overall, good financial management needed to be maintained, income maximised and reserves maintained.

The Leader added that the Council would operate a roll forward Budget for 2023/24 based on the adjusted 2022/23 Budget.  The Council would need to generate £104,000 of internal savings during the year.  Overall expenditure would need to be contained at around £14.5m.  The intention was still to freeze Council Tax for 2023/24.  The Council would also need to maintain Reserves of £2M.  An update to the MTFS to take account of any new information or changes, would be provided in February 2023, prior to the setting of the Budget for 2023/24.

The Capital Programme for 2022/23 had been around £23M due to anticipated Levelling Up and Leisure Transformation funding.  The Programme for 2023/24 would be more modest, although the Council would still seek to deliver its existing commitments.  Spending would be limited to available resources (including grants and capital receipts), so as to avoid borrowing and the consequential impacts on the Revenue Budget.

Councillor Noordad Aziz enquired about how much Revenue Support Grant (RSG) had been lost over the last decade.  The Leader responded that in 2010, George Osborne MP, as Chancellor of the Exchequer, had announced the ending of RSG.  The Council’s income up to that time was broadly split between ? Government grant, ? non-domestic rates and ? Council Tax.  Since that date the Council’s RSG had reduced from c.£7M to c.£1.5M and the Fair Funding review was still awaited.  Councillor Plummer referred Councillor Aziz to Table 1 at Page 21 of the report.

Councillor Aziz also queried what the impact of a possible second period of austerity might be on the Council’s capital finances.  The Leader indicated that the Capital Programme was proposed to return to its previous annual level of around £1M in future years.  The programme was always oversubscribed with bids, which meant that projects would always need to be prioritised.  Councillor Aziz asked if delivery of the Capital Programme was reliant on bids such as Levelling Up, as no announcements had yet  ...  view the full minutes text for item 152.

Report attached.

Councillor Joyce Plummer, Portfolio Holder for Resources, provided a report to inform Cabinet of the financial spending of the Council up to the end of August 2022 and the financial forecast outturn position for the Accounting Year 2021/22.

Councillor Plummer provided a brief introduction to the report.  The Council was on course to achieve a positive variance of £89k on its Budget for 2022/23.  This took into account the proposed annual pay award, which was larger than had been predicted when the Budget had been set, as well as increased energy costs due to the Russian invasion of Ukraine.  Increasing energy costs had been mitigated by good energy management and the Government’s package of financial support.  Budget holders had worked hard to contain inflationary pressures within Budget.  The forecast assumed that additional expenditure caused by any future spike in COVID-19 cases would be funded by the Government.

Councillor Noordad Aziz indicated that he had submitted some 15 questions directly to the Portfolio Holder via e-mail, this afternoon, for a written response, but he would be grateful if answers could be provided today to the following:-

• Given that the variance on year to date expenditure as at 5 August, shown in the Table (at Page 124), was £4,265k, how did the projected expenditure only produce a predicted year end variance of £87k?  -  Response: The Deputy Chief Executive indicated that report focused on the anticipated year end variance, but that during the year money flowed into and out of the Council.  At the start of the year spending decisions might have reflected a difficult cashflow position.  Also, income will have been recorded in the system, but might be earmarked for future commitments.  The spending trajectory would, however, smooth out over the course of the financial year.  At the year to date point, the variance was around 80% of planned expenditure.
• Did the positive variances against Departmental staffing budgets reflect unfilled staff posts?  -  Response: The Leader indicated that this question would be answered within the written response due to be provided.

Approval of the report was not deemed a key decision.

Reasons for Decision

The detailed figures underpinning the report were shown as a table at the end of the document provided.

The current forecast spend to the end of the financial year in March 2023 was £12,246,000 compared to a Budget of £12,334,000.  The forecast produced a positive variance of £89,000 by the end of the financial year. 

The report included more detailed commentary about expenditure in the following service areas:-

Environmental Services

Environmental Services were predicting a year-end adverse variance of £155,000.  Waste Services were predicting an adverse variance for the year of £61,000.  This was due to £103,000 of additional costs and a predicted decline in income of £3,000, offset by £46,000 savings on staff costs.  The Parks & Cemetery Service was forecasting an adverse variance of £84,000, due to additional income of £22,000 and savings of £17,000 on staff costs less £123,000 of miscellaneous additional costs.  The Town  ...  view the full minutes text for item 153.

Report attached.

Members considered a report of Councillor Kath Pratt, Portfolio Holder for Housing, Health and Wellbeing, updating Cabinet on progress concerning the Huncoat Garden Village project and seeking approval for the Council’s Infrastructure funding bid.

Councillor Pratt indicted that this was a major growth project provided for in the Council’s Corporate Strategy.  The Masterplan represented an opportunity to retain existing households and attract new households into the Borough.  Liaison was on-going with Homes England, Lancashire County Council, National Highways and various landowners in order to deliver the Masterplan.  There was estimated to be a funding gap in the region of £25M to make the scheme viable.  The plan included a new access road; additional school places; and remediation of the former power station and colliery sites.  The intention was to make a bid of around £30M to Homes England.

The Leader reiterated that the scheme was a game-changing opportunity to retain households and attract new ones into the area.  He outlined the key elements of the scheme listed in the report, which would deliver 1,816 new homes, including 312 safeguarded for the next Local Plan period beyond 2036.  He also summarised the content of the proposed bid to Homes England.  He commented that the proposed Junction 8, M65 improvements would also benefit the Altham employment site.  The overall scheme would help to protect other Green Belt land within the Borough.  The project was the culmination of much hard work over many years by a large number of people.

Former councillor, Mr Dave Parkins, was given permission to speak on this item.  He enquired about the number of homes which would need to be built before the link road would be required.  Current proposal suggested that 400 homes would be required, but previously the figure stated had been 451 homes.  The current road infrastructure in Huncoat was inadequate.  Councillor Pratt indicated that the exact number of homes would be a matter for Lancashire County Council.  The Leader commented that some housing development could take place before the new link road was in place.  However, the wider Huncoat Garden Village scheme was more aspirational and would include housing, biodiversity and a link road.  Housing was critical to the growth of the Borough.  Councillor Melissa Fisher asked what would happen if the funding bid was not successful.  The Leader responded that the report presented a positive picture of what the Council wished to achieve.  There would still be some housing development in Huncoat, even if the full scheme was not realised.  However, there was a strong belief that the bid would be successful.

Approval of the report was not deemed a key decision.

Reasons for Decision

Huncoat Garden Village formed a major part of Hyndburn Borough Council’s growth plans including a once in a lifetime opportunity to diversify Hyndburn’s housing offer and provide new housing in a fabulous landscape setting.  The Garden Village was a game-changing opportunity for market making housing in Hyndburn, at a scale that not only helped the Borough retain  ...  view the full minutes text for item 154.

Report attached.

Councillor Kath Pratt, Portfolio Holder for Housing, Health and Wellbeing, provided a report outlining the Rough Sleeping Initiative (RSI) 2022 - 2025 and Rough Sleeping Accommodation Programme (RSAP) 2022 - 2024 grant funding, which the Council had recently been awarded by the Department of Levelling Up, Housing and Communities (DLUHC).

The report identified how the Council proposed to utilise both funding programmes and sought approval to enter into agreements with Stepping Stone Projects and Maundy Relief to support their activities in the relief and prevention of rough sleeping.

Councillor Pratt highlighted that, with the effects of the cost of living crisis, more individuals were at risk of rough sleeping.  The Council currently met its responsibilities, in part, through external bodies, including Stepping Stone Projects, Maundy Relief and others.  The Council had received some £423k grant funding over a three year period under the Rough Sleeping Initiative (RSI) and a further £80k over 2 years via the Rough Sleeping Accommodation Programme (RSAP).  As well as the existing support, some RSI funding was earmarked for new schemes including the flexible surge accommodation fund and support into employment and training for rough sleepers

Councillor Peter Britcliffe welcomed the initiatives and the work of the various charity organisations and their volunteers.  He commented that even with the support available some individuals, unfortunately, chose to sleep rough.  This was their right in a free country, but bedding in shop doorways was unsightly.  However, Hyndburn had received Government funding over a number of years to help tackle the issue.  Councillor Fisher remarked that not all rough sleepers had chosen a life on the street and that more support was required.  Councillor Loraine Cox added that the Maundy Navigator Service knew the location of rough sleepers and went out every night to offer support and a bed for the night.

Approval of the report was not deemed a key decision.

Reasons for Decision

Rough Sleeping Grant Programmes

In 2018 the Government had published their national Rough Sleeping Strategy and Action Plan aiming to halve rough sleeping by the end of this Parliament and eliminate it by 2027.  The Government had committed funding for programmes such as the Next Steps Accommodation Programme, Rough Sleeping Initiative (RSI) programme and the Rough Sleeping Accommodation Programme (RSAP).

Local authorities had been invited to apply for funds to address rough sleeping.  The RSAP and RSI programmes were designed to fund complementary interventions and activities for this purpose.  There continued to be a need in the Borough for accommodation for rough sleepers as a route off the street and to prevent people from sleeping rough.  Consequently the Council submitted applications and had been successful in securing both RSI and RSAP grant funding.

The Council had successfully worked with a number of local charitable agencies such as Stepping Stone Projects and Maundy Relief to prevent and reduce rough sleeping.  The overall aim was to extend those activities.  The latest RSI and RSAP programmes offered funding for  ...  view the full minutes text for item 155.

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.

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 19^th October 2022, 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 given by Councillor Josh Allen, Chair of the Special Overview and Scrutiny Committee, to the following decision being made by Cabinet on 19th October 2022, in private, on the grounds that the decision was urgent and could not reasonably be deferred.

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 Miles Parkinson OBE, Leader of the Council, provided a reportoutlining progress to date with the acquisition of two interventions within the Council’s Levelling Up Funding bid submission in respect of the Accrington Acre.  The report also sought approval to certain delegations to officers in connection with the necessary acquisitions, as well providing information about the circumstances under which a further report to Cabinet might be required.  The Leader highlighted the principal purpose of the report.

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.