Agenda and minutes
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Apologies for Absence Minutes: Apologies for absence were submitted on behalf of Councillor Zak Khan, who was attending the UN Conference of the Parties (COP 28) summit and on behalf of Councillor Munsif Dad BEM JP, who was a standing invitee as Leader of the Labour Group. |
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Declarations of Interest and Dispensations Minutes: Councillor Loraine Cox declared a personal interest in Agenda Item 5 – Hyndburn Leisure Request for Financial Support, as the Council’s appointed voting representative on the Leisure Trust Board.
Councillor Melissa Fisher (although not a member of the Cabinet) declared a personal interest in Agenda Item 5, as the Council’s appointed non-voting representative on the Leisure Trust Board.
There were no reported declarations of dispensations granted. |
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To approve the Minutes of the last meeting of Cabinet held on 18th October 2023. Minutes: The minutes of the meeting of the Cabinet held 18th October 2023 were submitted for approval as a correct record.
Resolved - That the Minutes be received and approved as a correct record.
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Reports of Cabinet Members To receive verbal reports from each of the Portfolio Holders, as appropriate. Minutes: Councillor Marlene Haworth, Leader of the Council, announced her delight that the Council had secured £237,000 of revenue funding from a High Street Accelerators Pilot Programme, to be spent supporting the High Street in Great Harwood over the remaining and next financial year.
A local stakeholder board would be established in the New Year which would be chaired independently by the well-respected Great Harwood resident, Mr Peter Holden, President of the Great Harwood Civic Society and Secretary of the Great Harwood Community Action Group.
Mr Holden was currently in Manchester with a senior officer to mark the official launch of the programme and to understand more details about the funding guidance and to hear the advice from a range of high street experts who would support the programme.
Working with a range of stakeholders, the board would agree a plan to unlock additional capital funding of around £500,000 for the financial year 2024/25, which would be allocated to ‘green up’ Great Harwood’s main high street. Members would hear more details about the proposals over the next 12 months.
Hyndburn had been invited, as one of only 10 authorities, to submit a proposal for the High Street Accelerator Pilot funding.
The Leader thanked the officers involved and the MP for her hard work in continuing to lobby the Government to bring money into the Borough.
Councillor Aziz welcomed the news and commented that funding for the townships was a question put by the Opposition group,in October, to Rt Hon Michael Gove MP.Secretary of State for Levelling Up, Housing and Communities. Councillor Aziz also proposed the proprietors of a number Great Harwood businesses for inclusion in the stakeholder board. The Leader indicated that the composition of the board would be determined in due course.
Councillors Smithson, Younis and Britcliffe also expressed their satisfaction about the good news.
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Hyndburn Leisure Request for Financial Support Report attached. Additional documents: Minutes: In accordance with Access to Information Procedure Rule D15, Councillor Paddy Short, Chair of the Resources Overview and Scrutiny Committee, had been informed that this key decision was due to be taken under the general exception provisions, for the reasons set out in the notice published on 28 November 2023.
The Cabinet considered a joint report of Councillors Peter Britcliffe, Deputy Leader of the Council and Portfolio Holder for Resources, and Loraine Cox, Portfolio Holder for Leisure Transformation & Leisure Trust. The report detailed a request from the Council’s leisure operator, Hyndburn Leisure, for financial support due to the extraordinary and unbudgeted increases in energy costs, and the increase in salary costs over the 5% budgeted costs as per the 2023/24 pay negotiations.
Councillor Cox highlighted the pressures faced by the leisure sector generally and the specific circumstances relating to Hyndburn Leisure. Nationally the government had set aside £60m to support the leisure sector (comprising £20m revenue and £40m capital) but Hyndburn had been unsuccessful in its bid for £370k. This was against a backdrop of some £90m worth of bids nationally. Accordingly, the Government had decided to target those areas where facilities were likely to face imminent closure.
She highlighted Hyndburn Leisure’s excellent financial track-record in reducing its management grant from £1.28m in 2009 to £0 in 2021, which had helped the Council to achieve a balanced budget year on year. The Trust was now seeking support of £700k, but legislation limited the amount of subsidy available in 2023/24 to £490kwithout a full subsidy control compliance assessment being required. Members were being recommended to offer this amount and to note that further monies might be required in the current and future years, subject to the same legislative controls.
Overall, Hyndburn Leisure provided an excellent service and was helping to secure the health and wellbeing of local residents.
Councillor Britcliffe commented that the Trust had served Hyndburn well over the last 20 years and its financial position compared favourably against other Lancashire based leisure operators. Hyndburn Leisure was efficient and should recover well when the national economic pressures eased. The Trust had embarked on an ambitious Leisure Transformation Progamme, which was expected to bring in additional revenue over time. The Council was doing the right thing by providing a grant and there was no other realistic alternative.
Notwithstanding the above, it was over 20 years since the Trust had been established and the VAT benefits had changed. Some local authorities were looking at agency arrangements or returning to in-house provision. Accordingly, Councillor Britcliffe proposed the establishment of a commission to look into possible different delivery models for leisure, with a view to ensuring the same quality of service for the best value for money. It was envisaged that the Board of Hyndburn Leisure would be involved in the review process. The controlling administration had no preconceptions about what the recommendations might be and would consider the evidence provided in due course.
Councillor Melissa Fisher noted the reasons for the ... view the full minutes text for item 219. |
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Recommendations of the Special Scrutiny Committee - Levelling Up Funded Projects Report attached. Minutes: Members considered a report which detailed the recommendations of the recent Special Scrutiny Committee in respect of Levelling Up Funded Projects. Councillor Josh Allen, Chair of the Special Scrutiny Committee, was not able to attend the meeting today to present the report due to work commitments.
The Leader introduced the recommendations of the Committee, which were as follows:
(i) To arrange a date for all councillors who wish to meet with traders and businesses around the Town Square to listen to their views; and
(ii) To consider the reopening of the Peel Street public conveniences during the temporary closure of the Market Hall.
In respect of the first recommendation Councillor Haworth expressed disappointment at the request, which appeared to be based on a perceived lack of communication from the Council on Levelling Up projects. The Leader provided a very detailed list of numerous dates and interactions with the following key groups, which had taken place over the last three years:
Copies of relevant minutes and reports were also produced at the meeting, comprising two A4 lever arch files.
The Leader summed up by indicating that she had found it difficult to conclude that the Council had not been in regular communication about LUF projects. However, she added that the Council was still listening and learning and would welcome any further suggestions for the project team to consider.
The Leader expressed disappointment at the implied criticism of officers who were leading the projects, as they were working hard to ensure that everyone was kept informed and could ask questions, as appropriate. In summary, she did not support recommendation (i), but did support recommendation (ii) above.
Councillor Fisher acknowledged the evidence of engagement provided by the Leader and surmised that the reality about any communications concerns might have been ‘lost in translation’. She reported that she had been approached by one trader yesterday who was seeking further information about the new operator’s arrangements for determining which traders would return to the Market Hall.
Councillor Younis spoke to outline his personal experiences of engagement with the Market Hall traders, across three visits to the market and on a coach trip to visit the site of the manufacturer of the temporary cabins. Traders had been able to discuss their concerns about change and the interaction had generally proved very positive.
Approval of the report was not deemed a key decision.
Reasons for Decision
At its meeting on 9th November 2023, the Special Scrutiny Committee had considered a report of Councillor Mohammed Younis, Portfolio Holder for Levelling Up, which had provided an update on the three interventions comprising the Council’s successful bid for funding under the Government’s Levelling Up Fund. The principal projects comprised the Market Hall, Burtons Chambers and Market Chambers interventions. The Leader of the Council, Councillor Marlene Haworth, and Steve Riley, Executive Director – Environment, had also been ... view the full minutes text for item 220. |
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Report attached. Minutes: The Cabinet considered a report of Councillor Mohammed Younis, Portfolio Holder for Levelling Up, advising Members of the markets decant location whilst the Levelling Up funded Market Hall redevelopment works were undertaken
Councillor Younis highlighted the main information contained within the report. He also showed a draft of a leaflet which had been produced to advise the public about the decant arrangements.
Councillor Younis then made the following announcement. He was pleased to confirm that from 2nd January 2023 those traders who had moved to the temporary accommodation would receive three months’ free rent and the service charge for free. Thereafter, a 10% concession would be applied to the current discounted rent rate until March 2025. The support package would be cost neutral, to be funded by the operational savings from the closure of the Market Hall during its refurbishment.
In addition, there would be additional events arranged in the Town Centre later in January 2024, when traders had settled into their new temporary accommodation, to promote those businesses.
Members were supportive of this news. In response to a question form Councillor Aziz, the Leader undertook to provide him with a breakdown of the costs of the additional concessions to be provided to market traders.
Approval of the report was not deemed a key decision.
Reasons for Decision
The Council’s right to provide market places derived from the Accrington Improvement Act 1882, wherein s67(3) of the Act gave a power for the Council to ‘...alter the days on which and places at which the same are or may be held...’
This Act incorporated the Markets and Fairs Clauses Act 1847 (MFCA1847). Section 12 of the MFCA1847 stated that ‘before a market shall be opened for public use, the undertakers shall give not less than ten days’ notice of the time when the same will be opened and such notice shall be given by the publication thereof in some newspaper circulating in the area and by printed handbills posted in conspicuous places’. A plan was made available at the meeting which showed the location for the temporary market cabins and market trader storage units in the Service Yard.
Planning permission was being sought for the decant market on the town square.
As part of the Market Hall relocation work, location plans for the temporary market were to be provided for traders so they could point to where they would be trading from on the town square in the New Year. These would also be attached to the site hoarding in front of the market hall entrances once erected. Smaller ‘leaflet size’ versions would also be provided to the market traders to hand out to customers.
Temporary vinyl designs/trader names highlighting the market offering would be provided on each individual cabin on the town square and, to provide a pleasing view for residents/visitors/users of the Town Hall, the back of the cabins would also have temporary vinyl designs. One option might be to use part of the images ... view the full minutes text for item 221. |
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Report Attached. Minutes: Members considered a report of Councillor Marlene Haworth – Leader of the Council, providing an update on the key matters relating to the emerging Local Plan, including:
a) Stages in the preparation of the emerging Local Plan up to now; b) Next steps, including need to re-consult at Regulation 19 stage; c) Minor amendments to the Local Plan for the next consultation.
Councillor Haworth introduced the report. She indicated that the new Local Plan was at an advanced stage in its preparation and had been through four rounds of consultation, the last one being at the Regulation 19 stage which had ended in January 2023.
Following legal advice, another Regulation 19 consultation was proposed to be held early in 2024. Once the latest plan was ready for publication, full Council would be asked to endorse it for consultation.
Councillor Aziz reminded Members that the cost of the additional consultation phase had been requested at the Special Scrutiny Committee meeting on 9th November 2023, but that this information was still awaited by Members. Christine Whittle, Planning Policy Manager, responded that the additional cost should be minimal and would mainly comprise additional officer time. The preparations had now been made and the additional evidence had been collated. It was not proposed to book rooms for additional public meetings, as that type of engagement had already occurred. The new consultation would comply with the minimum legal requirements.
Approval of the report was not deemed a key decision.
Reasons for Decision
Work had reached an advanced stage in the preparation of the new Local Plan for Hyndburn. Once adopted, the new Plan would replace the saved elements of the 1996 Local Plan and the 2012 Core Strategy. The two key documents representing the Local Plan for Hyndburn would therefore form the new Local Plan (containing Strategic Policies and Site Allocations) and the Development Management DPD (Development Plan Document) 2018 (containing non-strategic policies).
A summary of the key stages of the Local Plan adoption process, according to the Town and Country Planning (Local Planning) (England) Regulations 2012, was as follows:-
· Regulation 18 Preparation (including Public Participation) · Regulation 19 Publication (including Public Participation) *current stage* · Regulation 20 Representations on the Local Plan · Regulation 22 Submission of documents and information to the Secretary of State · Regulation 24 Independent examination · Regulation 25 Publication of the recommendations of the appointed person · Regulation.26 Adoption
The emerging Plan had already been through 3 rounds of consultation between 2018 and 2020 as part of Regulation 18 of the process. This had involved consulting on alternative spatial strategies and initial site assessments of potential development allocations. The Plan was now at the Regulation 19 consultation stage, which usually preceded the submission of the Local Plan (and all associated evidence and supporting material) to the Planning Inspectorate for Examination. The Examination process would then usually begin.
Next steps in the Local Plan process
For a variety of reasons, including COVID-19, lack of resources and recruitment issues, there had been a number ... view the full minutes text for item 222. |