Agenda and minutes

Apologies for absence were submitted on behalf of Councillor Marlene Haworth.

There were no reported declarations of interest or dispensations.

To approve the Minutes of the last meeting of Cabinet held on 13th July 2022.

The minutes of the meeting of the Cabinet held on 13^th July 2022 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 decisions taken under the urgency procedure:

Resolved                                    -    To note the report on urgent decisions taken.

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

The minutes of the following meetings were submitted:

• Local Plan Member Working Group – 2^nd February 2022
• Leader’s Policy Development Board – 28^th March 2022
• Regeneration and Housing Panel – 11^th April 2022

Resolved                                    -    That the Minutes be received and noted.

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

The Leader reported that the Government’s announcement today of an energy price cap for businesses would have a positive effect on the Council.  A more detailed report would be available in October 2022 when the authority would consider its Medium Term Financial Strategy (MTFS).  The Council had already committed to absorbing the costs of any increase in energy prices and this was now likely to be lower than originally anticipated.  The Council had also committed to maintaining a 0% increase in its share of the Council Tax demand.

Councillor Peter Britcliffe, Deputy Leader of the Conservative Group, commented that the Government’s announcement was good for the Borough Council and would ease energy bills over the coming winter months.  Overall, the deal would save hundreds of thousands of pounds and would help businesses across Hyndburn.  The move would take the sting out of the rising energy costs caused by the Russian invasion of Ukraine.

The Leader indicated that a booklet would be circulated at the Council meeting tomorrow on ‘Transforming Hyndburn’.  The Council’s political administration had been working closely with outside partners and the public to develop this programme of change.  The programe would include:

• The environment and green spaces;
• Refreshing Mercer Park playground and a programme of similar enhancements at other locations;
• Decarbonisation;
• Wellbeing;
• UK Shared Prosperity Fund projects;
• Leisure Transformation;
• Local Plan;
• Huncoat Garden Village;
• Accrington Town Centre Investment Plan (supported by Levelling Up bids by HBC and LCC)

Some of the projects were deliverable with 3 years whereas others, such as the Local Plan, would run until 2037.  The programme had been made possible by all interested parties working together and the MP had participated fully in this process.  Councillor Britcliffe considered that all Members would be looking forward to the publication of the document.  It served as a fine example of what could be achieved by working together.

Report attached.

Councillor Miles Parkinson OBE, Leader of the Council, provided a report seeking approval to appoint Hyndburn Leisure to provide consultancy services to the Council in respect of the Leisure Transformation Project and associated regeneration / transformation projects.

The Leader of the Council outlined the proposal to engage consultants due to the lean nature of the Council’s internal staffing resource. It was also intended to waive the usual Contract Procedure Rules around procurement to prevent any delay to the Leisure Transformation Project.

Councillor Munsif Dad BEM JP welcomed the Leisure Transformation Project and wider proposals.  He enquired whether the Leisure Trust had the right expertise to provide advice.  The Leader responded that the Trust had a proven track record during the COVID pandemic of working with voluntary groups and the wider community and had a keen desire to improve the Borough.  Councillor Noordad Aziz asked a number of questions which are summarised below, along with the responses given:

• What were the necessary skill sets required, was there was a deficiency in the Council’s management or project delivery capacity and would value for money would be achieved?  -  The Leader reiterated the above point about Hyndburn Leisure’s track record regarding delivery and reminded Members that on-going scrutiny by the Council would be undertaken by the relevant Overview and Scrutiny Committee.  The Executive Director (Legal and Democratic Services) clarified that the contract would provide access to the knowledge and expertise of the Chief Executive of the Leisure Trust, Lyndsey Sims, particularly around arts and culture.
• Was the Council satisfied that the advice received would be objective and that there was no conflict of interest?  -  The Executive Director (Legal and Democratic Services) confirmed that the role was advisory only and that the Council would retain decision making powers and would be mindful of any potential conflicts of interest.
• Did the Council provide any financial services to Hyndburn Leisure?  -  The Deputy Chief Executive indicated that the Council provided free Payroll services and some Human Resources support to Hyndburn Leisure under the existing agreement.

Councillor Britcliffe advised that Councillor Aziz should submit any detailed questions before Cabinet meetings in order to receive a fuller response.

Approval of the report was not deemed a key decision.

Reasons for Decision

Members were informed that the Council had a substantial workload arising from the various ongoing transformation projects and some external consultancy support was needed to address in-house gaps in knowledge, experience and / or capacity.

The Council had identified a need for additional capacity, advice and support in respect of the delivery of the Leisure Transformation Project and also in respect of delivery of aspects of the Council’s UK Shared Prosperity Fund should the current bid be successful (including, for example, leading the work of the proposed Arts and Cultural Investment Board and preparation and submission of an associated bid for Arts Council funding).  Hyndburn Leisure had to date been heavily involved in the preparation and planning of these projects and the advice and support  ...  view the full minutes text for item 103.

Report attached.

The Cabinet considered a report of Councillor Miles Parkinson OBE, Leader of the Council, advising Members on the actions taken to make Hargreaves Warehouse safe following the recent fire.

The Leader indicted that the report highlighted the swiftness of the Council’s response, alongside partners, to the incident.  The immediacy of the response had minimised disruption to local businesses who were able to continue to operate during and after the fire, notwithstanding the proximity of the warehouse to a main highway artery within the Borough. 

Councillor Britcliffe added that the Council would need to seize the opportunity now to revitalise this important gateway into the Borough, which had presented as an eyesore for a long time.  The building was listed, but realistically had little intrinsic value.  Councillor Dad thanked the Chief Executive and his Team for their swift response.  He regretted the loss of a second important listed building (following the fire at the former Conservative Club in Accrington), but accepted the need to improve the Church Gateway.

Approval of the report was not deemed a key decision.

Reasons for Decision

Members were informed that Hargreaves Warehouse was a stone built, canal-side warehouse designed on an L-shaped plan and was of four storeys, plus an attic.  The front and side elevations fronting onto Blackburn Road and Bridge Street were faced with course hammer dressed, watershot sandstone, and the dressings to the opening were monolithic blocks.  When it was present, the building had a Welsh slate roof, although originally this was likely to have been a sandstone roof.

The building lay a short distance to the south west of Accrington Town Centre, in the heart of the Church Canalside Conservation Area.  This incorporated the historic core of Church together with the canal corridor, including the Aspen Valley area of Oswaldtwistle.  The designated area was characterised to a large extent by industrial features dating back to the Georgian era, including the Leeds and Liverpool Canal and associated basin and coke ovens.

Hargreaves warehouse was a Grade II Listed Building.  The listing referred to the building as “Canal Warehouse, 49-53 Blackburn Road” and was reference 1072724.  The building was listed on 13^th September 1976.  The listing was as follows: 

“Canal warehouse on Leeds-Liverpool canal, 1836.  Watershot coursed front and side (rubble at rear), slate roof.  L shaped plan, 4 storeys; to road, 2 gables with short linking range which contains a giant arch with rusticated voussoirs and a 2^nd floor window, and each side of this 2 windows on each floor.  Block on right continues as long wing to rear, with round arched openings at ground floor (now windows), 3 windows on each of two floors above, and three tiered round arched loading doors in side and gable walls of end bay.  History: built by Hargreaves Brothers (calico printers etc) of Broad Oak, Accrington.”

The report provided detailed information in respect of the following matters

• The Condition of the Building;
• The Fire;
• Critical Incident Team response;
• Road Closures;
• Blythes (Health and Safety  ...  view the full minutes text for item 104.

Report attached.

Councillor Steven Smithson, Portfolio Holder for Environmental Services, provided a report seeking the views of Cabinet on a proposal to reduce the subsidy on pest control treatments for rodents relating to domestic properties.

Councillor Smithson outlined the reasons for the proposed changes and intention to seek a fee for rodent treatments.  Currently up to 4 visits were free, however waiting times could be up to 5 weeks.  This was due in part to a high rate (40%) of appointments resulting in no treatment for a variety of reasons.  A trial of a retrospective charge of £25 for missed appointments had not been successful.  Also, some private landlords took advantage of the free scheme by asking their tenants to book the appointment, notwithstanding the fact that they were responsible and ought to pay.  Comparative information was provided regarding other Lancashire district councils.  It was proposed to commence the new arrangements with effect from 1^st November 2022.

Councillor Dad asked how long it would take to clear the backlog and whether those now waiting would have to pay.  He also asked if there was any data to show that the proposals might adversely impact the poorest and/or most affected communities within the Borough.  Given the cost of living increases this might not be the right time to increase fees.  Councillor Smithson responded that the backlog would be cleared by 1^st November 2022 hence those currently waiting would not have to pay.  Councillor Smithson reiterated that the system needed to change to reduce the level of non-productive appointments to improve response times.

Councillor Britcliffe recalled the work of the (now disestablished) Environmental Health Committee, which used to monitor lists of call outs.  Officers were under pressure to break the cycle of 21 days gestation period of rats wherein each new litter could produce up to 12 new animals.  If rats were discovered, all properties in the same street might than log a call, but then not all of the residents would answer the door to pest control officers.  The new proposals still represented good value for money.  Any excess income generated could be used to carry out additional sewer baiting of drains to reduce rodent population levels.  This was the right time to change the service.

The Leader of the Council summarised by stating that other methods had been tried to reduce waiting times, but had not been effective.  Delays had been exacerbated by some private landlords avoiding payment.  The proposed changes should help to minimise any potential abuse of the system.

Approval of the report was not deemed a key decision.

Reasons for Decision

Members were informed that the Council’s pest control service comprised of a working manager and 2 pest control officers who undertook work for both domestic and commercial customers.   For commercial pest control work, the Council did not provide any subsidy.  For domestic work the Council had reduced the subsidy for all pest control treatments except for rodents.

Councillors had for some time received complaints from residents  ...  view the full minutes text for item 105.

Report attached.

The Cabinet considered a report of Councillor Steven Smithson, Portfolio Holder for Environmental Services, about the creation of a Net Zero Working Group to support the work of Cabinet in addressing climate change.

Councillor Smithson indicated that the proposal supported the Council’s declaration of a Climate Emergency and its journey towards carbon neutrality.  The Group would report to the Leader and Cabinet and would offer advice.  Its membership would comprise the Council’s Green Agenda Champion (Councillor Caroline Montague), the Business Ambassador for Marketing Lancashire (Councillor Zak Khan) and the Chair of the Special Overview and Scrutiny Committee (Councillor Josh Allen).

The Leader commented that the initiative might appear to be modest, but it was important in addressing climate change, in the light of the UN Charter and increasing energy costs.  The appointments comprised councillors with expertise from relevant backgrounds.  The group would be well placed to provide advice on the environmental challenges facing the Borough and potential solutions including the use of innovative energy sources and the provision of warm homes.

Councillor Munsif Dad BEM JP welcomed the report and requested the opportunity for a Labour Member to be included on the Working Group in the spirit of working together.  The Leader responded that Opposition Members could speak at and feed into the Group, but the intention was to establish a small Advisory Group at this stage.  Councillor Noordad Aziz suggested that the terms of reference of the group were currently limited and needed to be expanded to include more detail, in view of the importance of the group.  The Leader responded that the terms of reference were deliberately broad, but the group would provide detailed advice to cabinet.  All Members could provide suggestions by contacting Councillor Zak Khan.

Approval of the report was not deemed a key decision.

Reasons for Decision

The report reminded Members that the Council had declared a Climate Change Emergency and was working to become carbon neutral.  The Cabinet was also actively promoting a green agenda to address the threats posed by climate change.  To support the work of the Cabinet in this regard it was proposed that a Net Zero Working Group be created which would report to Cabinet, offering advice and recommendations on “green” issues.  Proposed terms of reference for the new Working Group were set out at Schedule 1 of the report.

It was proposed that the following councillors be appointed to the new Working Group:

• Councillor Zak Khan;
• Councillor Caroline Montague; and
• Councillor Josh Allen.

Alternative Options considered and Reasons for Rejection

Cabinet could chose not to support the proposal or might wish to revise the Working Group’s proposed terms of reference or membership.

Resolved                                    -    That the Cabinet approves the creation of the Net Zero Working Group on the terms set out in the Schedule attached to the report and with the membership as set out in Paragraph 3.2 of the report.

Report attached.

Councillor Joyce Plummer, Portfolio Holder for Resources, provided a report to advise Members of the upcoming changes to elections as a result of the Elections Act 2022.

Councillor Plummer indicated that the report summarised the main changes to the rules regarding future local and national elections.  To date, none of the supporting regulations or guidance had been published, nor had there been any confirmation of the availability of New Burdens funding.  Of the changes detailed in the report, two were due to be introduced from next May, comprising a requirement for voter ID at polling stations and enhanced support for disabled persons.

Councillor Munsif Dad BEM JP welcomed the report and in particular the implications for reducing potential fraud by setting a limit on the number of postal votes that could be handled.  However, he raised a concern over the limit on the number of proxies, as this could affect larger families.  The Executive Director - Legal and Democratic Services, responded that this was a national requirement and that the authority had no local discretion in the matter.  The detailed guidance had yet to be received.  The Chief Executive reiterated that the report dealt with nationally introduced changes.

Councillor Dad asked whether voter ID might put off people from voting.  The Leader of the Council responded that this issue would have been discussed in Parliament.  The Council was bound to implement the new rules.

Councillor Noordad Aziz enquired if the reduction in the renewal period for postal votes, from 5 to 3 years, would create an additional administrative burden on the Council and if representations had been made to the Government.  The Executive Director - Legal and Democratic Services. Indicated that an announcement on New Burdens funding was awaited.  There would be an increased workload initially, but the much of the administration could be carried out outside of the main election period.

Approval of the report was not deemed a key decision.

Reasons for Decision

The Elections Act 2022 sought to make a number of changes to the elections process at local, Parliamentary and Police and Crime Commissioner (PCC) elections.  The Act was intended to reduce the risk of election fraud, whilst make the voting process more accessible, both physically and through greater use of digital technology.  The main changes were as summarised below:

Voter ID Requirement

Voters would be required to produce an approved form of photographic ID at the polling station before they could be issued with a ballot paper.  The Council would have to provide either a permanent or an interim Voter Card (a photographic ID document) free of charge to voters who did not have one of the approved forms of photographic ID, such as a passport or driving licence.

The Council would be required to deal with voter enquiries, determine voter card applications and then print and issue the same.  The Government were currently indicating that the voter cards would have an A4 paper format with “inherent security features”.  Producing the cards  ...  view the full minutes text for item 107.

Report attached.

Councillor Kath Pratt, Portfolio Holder for Housing, Health and Wellbeing, provided a report to update Cabinet on progress with the Council’s designated Selective Landlord Licensing Scheme (the Designation), and to advise Cabinet of the reasons why the Designation would end on the 4^th March 2023.

Councillor Pratt gave a verbal introduction to the report, highlighting the estimated number of private rented properties currently in the designated area (2,150), the proposed end date of the scheme and an explanation of the three main reason for ending the scheme including:

• Five Year Term Ending (having regard to the fact that the scheme was never intended to be permanent);
• Improving Housing Market Conditions (therefore, less evidence of the need for a scheme); and
• Housing Enforcement Powers (other powers available to officers to maintain standards).

Councillor Munsif Dad BEM JP noted that Accrington West had been a big beneficiary of the Selective Landlord Licensing Scheme.  He asked if there would be any job losses as a result of ending the scheme.  He also expressed some disappointment that the scheme was coming to an end.  The Head of Regeneration and Housing reported that a very small number of staff who were dedicated to the scheme were at risk, but opportunities for redeployment were being considered.  The Leader indicated that the rationale for the ending of the scheme was set out clearly in the report.  This was a logical progression and housing standards could be maintained using a range of other powers available to officers.  Councillor Noordad Aziz asked if there would be sufficient staffing resource available to exercise those powers. The Leader indicated that officers could provide a written response to any detailed questions on this matter after the meeting.

Approval of the report was not deemed a key decision.

Reasons for Decision

This report provides an update on the Council’s Selective Landlord Licensing Scheme which came into force on the 5^th March 2018.

On 7^th July 2017 the Council, acting as local housing authority in exercise of its powers under Sections 80 – 84 Housing Act 2004 (“the Act”), designated parts of Accrington and Church for selective landlord licensing.  The selective licensing designation is based on one ground under Part 3 of the Housing Act 2004 as follows:-

That the area is, or is likely to become, and area of low housing demand and That making a designation will, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, contribute to the improvement of the social or economic conditions in the area – S80 (3) (a) and (b).

The designation required confirmation by the appropriate national authority.  The Secretary of State considered it appropriate to confirm the proposed designated area on the 27^th November 2017 and the Designation came into force on 5^th March 2018.

The report also explained that the Designation would come to an end on the 4^th March 2023  ...  view the full minutes text for item 108.

Report attached.

The Cabinet considered report of Councillor Miles Parkinson OBE about the work undertaken by independent consultants to the Council on potential alternative sites for the development of leisure facilities in Great Harwood suggested by members of the public.

The Leader indicated that Hyndburn faced some major economic and health challenges and had some of the most deprived wards in the country with consequential poor health outcomes.  The Council was committed to addressing those issues and Levelling Up Funding and the UK Shared Prosperity Fund would help.  The Council was working with the NHS and other partners to address ill-health and to encourage those who were inactive to be more active and to help those who were already active to sustain their levels of activity.  This task would require the provision of modern facilities.  The Leader outlined the main elements of the report which considered this process of improvement and, in particular, the issues surrounding leisure facilities in Great Harwood.

Councillor Munsif Dad BEM JP welcomed the report and overall investment in leisure in Hyndburn.  He referred to comments made previously by the Leader of the Conservative Group in support of the retention of a swimming pool in Great Harwood and he affirmed his desire to see some form of leisure facility retained in that town. The Leader noted that Councillor Dad had been fully involved in the Leisure Transformation project under the previous administration.  The report now provided addressed specific issues raised by members of the public.  The Council remained committed to wider investment in Great Harwood including at Bank Mill House, Memorial Park and in the repurposing of Mercer Hall.  Councillor Britcliffe also spoke to clarify the stated position of the Conservative Group Leader and to highlight that the proposals were being driven by the Leisure Trust and would be evidence-based.

Councillor Dad clarified that as a Trust Board member he had been required to act in the interests of the Trust.  His focus was on providing realistic facilities in Great Harwood.  However, he noted that the Conservative Group had proposed an amount within the draft Budget 2022/23 for expenditure on Mercer Hall.  The Leader confirmed that there could be a significant investment in Mercer Hall, but this would depend on any business case put forward by the Leisure Trust.  The Council remained committed to the townships, with projects planned or completed, such as Clayton Civic Hall, Bank Mill House and similar community centre proposals for Oswaldtwistle and the latest Highams Playing Field development.

Councillor Noordad Aziz asked if there were any implications for the proposed development at Wilson Playing Field in Clayton-le-Moorsdue to the site being in the Green Belt.  He also commented that the fees for using the facilities could potentially be set at a premium making them unaffordable to some residents.  The Leader responded that the Wilson Playing Field was within the urban boundary and that Green Belt status did not prevent appropriate development.  Fees would be set to generate income from those who  ...  view the full minutes text for item 109.

Report attached.

The Cabinet received a report of Councillor Kath Pratt, Portfolio Holder for Housing, Health and Wellbeing, seeking approval for the disposal of the Council’s interest in the Charter Street site.

Councillor Pratt summarised the content of the report, which indicated that the proposed purchasers, Building for Humanity, had initially offered to purchase the premises for nil consideration.  However, their business model had subsequently changed.  Cabinet was being requested to approve disposal at best consideration.  The development would provide good quality housing with appropriate support, which would also meet the Council’s wider aims.  The scheme would make use of innovative construction methods and would provide some 46 homes.

The Leader remarked that Councillor Paddy Short, Armed Forces Community Covenant Champion, had lobbied for this development for many years.  It was pleasing to see this project now moving forward.  It was also understood that Building for Humanity had underlined their commitment to the Borough by taking over the former premises of Age Concern on Whalley Road, Accrington.

Councillor Munsif Dad BEM JP welcomed the proposals.  He asked why the Council would retain 50% nomination right to the housing.  Councillor Aziz asked whether the Council was confident that the sale would complete, given that the previous agreement had not come to fruition and that there was now an economic downturn and rising interest rates.  Councillor Pratt replied that confidence in completion was high.  The Head of Regeneration and Housing added that the agreement had been 5 years in development and the purchasers had risen to each challenge presented.  Building for Humanity had made a significant investment in the project and the Council had completed its due diligence.  The land was being sold for development like any other land transaction, but in this case the Council would receive a capital receipt at best consideration and some nomination rights.

Approval of the report was not deemed a key decision.

Reasons for Decision

On 12^th September 2019, Cabinet had given consent to dispose of the Charter Street site, Accrington, to Building for Humanity for residential development at nil value subject to a number of preconditions.  Building for Humanity had subsequently secured planning approval for a residential development, but had not been able to progress other pre-conditions within set timescales.  These included commencement of development within 6 months of securing planning permission and becoming a registered provider with the Regulator of Social Housing.  On the latter point, Building for Humanity still intended to become a registered provider, but would not be able to do so until it was owning and managing housing stock.

In addition, Building for Humanity was not able to acquire the Council’s land under terms favourable to the Council in order to acquire the site at nil value.  To protect the Council’s interest, the Council required the land to be purchased under a building licence arrangement, however Building for Humanity were not able to acquire the land under this type of arrangement.

Building for Humanity had secured planning approval on 14^th July  ...  view the full minutes text for item 110.

Report attached.

Councillor Miles Parkinson OBE, Leader of the Council, provided a report which sought approval to take the Proposed Submission Version Local Plan out to public consultation as representing the settled view of the Council on what the Plan should contain (under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012).  This was also known as the “Pre-submission” Plan as, after the consultation had concluded, it would be the version which was submitted to an Inspector for examination in public

The Leader summarised the content of the report, which described the work undertaken over a number of years to develop the latest Local Plan.  The latest version would go out to public consultation shortly and would involve public roadshows in the various townships.  The Plan supported the Council’s need to deliver new housing and employment land.  Any responses would be considered and a version of the Plan would be sent for examination by the Planning Inspectorate and later for ratification by the Secretary of State potentially in 2024.  Councillor Munsif Dad BEM JP expressed his support for the consultation exercise.

Approval of the report was not deemed a key decision.

Reasons for Decision

The Council, as Local Planning Authority (LPA), had a statutory duty to prepare and review the Local Plan for the Borough.  The Local Plan was the long-term development framework for the area.  Together with the Development Management Development Plan Document DPD (2018) and Accrington Area Action Plan (2012), the Local Plan (Strategic Policies and Site Allocations) would set out the planning policies which the Council would use to determine planning applications in the Borough.

The Local Plan (Strategic Policies and Site Allocations) provided the overarching policy framework for development and regeneration in the distinctive Hyndburn context.  It identified the level of growth to be planned for in Hyndburn up to 2037, where that growth should be located and how it should be delivered.  An up-to-date Local Plan was fundamental to facilitating investment and growth that was economically, environmentally and socially sustainable, whilst securing benefits for residents.  Once adopted, these documents would replace the final saved elements of the 1996 Local Plan and the 2012 Core Strategy.

Section 20(2) of the Planning and Compulsory Purchase Act 2004 stated that the Local Planning Authority must not submit the plan unless they thought it was ready for independent examination.  The Planning Inspectorate’s Procedure Guide on Local Plan Examinations (June 2019) stated that the plan that was published for consultation at Regulation 19 stage should therefore be the plan that the Council intended to submit to the Planning Inspectorate for examination.

The Proposed Submission Version of the Local Plan was intended to be published for comment for a 6 week period.  A library of documents which had informed the plan would be made available throughout the consultation period.  Public drop-in events were being scheduled to take place from mid-afternoon into the evening at venues in Accrington, Clayton-le-Moors, Great Harwood, Huncoat, Oswaldtwistle and Rishton.  In addition, there  ...  view the full minutes text for item 111.