Agenda and minutes
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Apologies for Absence Minutes: There were no apologies for absence submitted on this occasion.
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Declarations of Interest and Dispensations Minutes: There were no reported declarations of interest or dispensations granted.
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To approve the Minutes of the last meeting of Cabinet held on 30th July 2024. Minutes: The minutes of the meeting of the Cabinet held on 30th July 2024 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: Deputy Leader of the Council and Portfolio Holder for Housing and Communities
Councillor Melissa Fisher reported on the following:
Taxi Licensing
The Council was required to review taxi licensing fees on an annual basis. It was not allowed to make a profit from the fees, but could recover its costs. The new administration was proposing not to increase the individual fees for renewal of private hire and hackney carriage licences for next year. This was in recognition of the current financial pressures on drivers.
Deputy Leader of Council and Portfolio Holder for Transformation, Education and Skills
Councillor Noordad Aziz reported on the following:
Leisure Transformation
Members were reminded that the new administration had given a commitment to review all major projects underway. As part of this process the Council was approaching the end of the Leisure Transformation Review. This was a key component of the Council’s strategy to ensure that residents were healthier and more active. The report was now in the process of being finalised and should be available in time for the next Cabinet meeting.
Portfolio Holder for Environmental Services
Councillor Stewart Eaves reported on the following:
Refuse Collection Vehicles
The Council had recently taken possession of 5 new refuse collection vehicles (RCVs) for Waste Services. Unfortunately, one vehicle had been damaged by a tipper truck at Whinney Hill on its second day of operation.
Food Waste Pod
A demonstration vehicle with a new food pod collection option will be trialled later this year.
Waste Transfer Station
Work was ongoing to find a solution to the issue of a new waste transfer station.
Fixed Penalty Notices
S.46 advice notices (Environmental Protection Act 1990) had been issued to 518 persons for the period May to September 2024. Second warning letters had then been issued to some 97 residents and, ultimately, 13 Fixed Penalty Notices had been issued.
National Pest Awards
The Portfolio Holder had been pleased to attend the National Pest Awards 2024, at which Hyndburn Borough Council’s Pest Control Team had won the category of Local Authority of the Year against competition from Liverpool City Council and Westminster City Council. Members noted the excellent service provided by Lee Taylor, Pest Control Manager, and his Team.
Portfolio Holder forCulture, Heritage and Arts
Councillor Kimberley Whitehead reported on the following:
Green Flag Award for Memorial Park
Memorial Park had gained the latest Green Flag award, with the Council still holding the record for the highest number of Green Flag awards held by any local authority in Lancashire with 11. This highlighted the Council’s on-going investment in green spaces and a commitment to improving community well-being and health.
Thanks were due to various community organisations behind the scenes and dedicated Parks staff. The award was celebrated with a well-attended Picnic in the Park event organised by the Friends of Memorial Park.
In addition, a rededication ceremony for the First World War memorial was due to be held in the park on Saturday 28th September 2024.
Pitch Fees ... view the full minutes text for item 145. |
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Performance Management Review Report attached. Minutes: Members considered a report of Councillor Munsif Dad, Leader of the Council, updating the Cabinet on the latest performance management review and seeking approval to the new corporate performance monitoring procedure. The Leader provided a brief introduction to the report.
Approval of the report was not considered to be a key decision.
Reasons for Decision
After discussions with elected members (Scrutiny Committee September 2022), Service Managers (September 2023) and the Council’s Management Team (November 2023), the Policy Team had carried out a review of the current performance mechanism to help identify and understand ‘what does good performance management look like?’ The review had been presented to Scrutiny Committee on the 16th July 2024 and had elicited a number of suggestions now included within the Cabinet report.
One of the key aspects of good performance monitoring was being able to identify warning signs of failure. The government was encouraging Local Government to produce performance metrics that focused on efficiency, productivity, sustainability, transparency and accountability, aiming to produce effective and meaningful data.
What was evident was that effective performance management meant collecting measurable effective data with a purpose based on the following points:
1. Measurable - define purpose and targets; 2. Help drive service improvement & delivery; 3. Help the organisation become more efficient and productive; 4. Provide value for money; 5. Easy to compile not labour intensive; 6. Digital transformation; 7. Quality of data not quantity; 8. Accessible either via the website or regular reports; 9. Identifies warning signs of failure (Oflog*); and 10. Transparent and accountable (Oflog*).
*Note: Office for Local Government
Hyndburn’s Service Managers were encouraged to review their performance information (KPIs) on a regular basis and identify how they could improve service delivery, efficiency, productivity and value for money (feedback to management team and produce annual service plans). Additionally, performance information should have measurable objectives, be able to track progress effectively, be purposeful, easy to collect and accessible with quantifiable, meaningful targets.
The Council followed a Performance Management Framework (set out in the report at Appendix 2), that helped it to communicate and track progress against its objectives and priorities. The aim was for the key performance indicators to cascade down to service delivery, allowing the Council to report its performance to help individuals understand their contribution to higher-level objectives. It was essential that the authority effectively monitored performance against its objectives, as laid out in the Council’s Performance Management Framework. This allowed the Council to:
If no real purpose was gained from the collection of performance information, it was considered as an inefficiency and non-productive.
As part of the latest review, the Council had tried to understand how it used data to inform and make better decisions ... view the full minutes text for item 146. |
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Exclusion of the Public 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.
Minutes: This matter was not put, because Item 7on the agenda, the exempt Item, had been withdrawn prior to the meeting.
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Disposal of Land at Back Lane, Baxenden 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 Steve Button, Chair of the Resourcesl Overview and Scrutiny Committee, to the following decision being made by Cabinet on 18th September 2024, 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).
This Item has now been WITHDRAWN. Minutes: This Item had been withdrawn.
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National Planning Policy Framework Consultation Report attached. Minutes: The Cabinet considered a report of Councillor Munsif Dad, Leader of the Council, on the Government’s consultation on proposed changes to the National Planning Policy Framework (NPPF) 2024. The consultation would set out key issues which might have implications for Hyndburn, including proposed changes to:
a) The delivery of new homes and the standard methodology for calculating annual housing need; b) The approach to brownfield, Green Belt and the new policy definition of “grey belt”; c) Local Plan preparation intervention criteria; and d) Increases to planning application fees.
The Leader noted the particular significance of a potential increase in the number of new homes required, from 194 per year to 313 per year, and the pressure that this might put on Hyndburn’s Green Belt, as well as infrastructure and service delivery. He also highlighted the transitional arrangements referred to in Paragraph 4.13 of the report. Given that Hyndburn was at the Regulation 19 stage of the production of its Local Plan it could continue housing development at the lower number of homes. However, if the current Plan was not progressed, the new standard method of calculating annual housing need would apply.
Councillor Zak Khan raised a number of matters in relation to the HGV project, as outlined below:
The Leader replied to the individual points raised and confirmed that the Council was engaged in a dialogue with Homes England about the review and potential outcomes. The review would be completed within the relevant timeframe.
Approval of the report was not considered to be a key decision.
Reasons for Decision
The Government was consulting on changes to the National Planning Policy Framework (NPPF) until September 24th 2024. The consultation built on Labour’s election manifesto by reaffirming the commitment to delivering 1.5million homes in England over the next five years and committing to “get Britain building again”. The consultation covered a wide range of issues, but the report focused only on those which were most relevant for Hyndburn.
The report set out the proposed changes, but also indicated some of the potential implications for Hyndburn, including what these changes might mean for the emerging Local Plan.
The key proposed changes to the NPPF were explained in detail in the report under the following headings:
o Green Belt Release through plan-making; o Green Belt release through Decision Making; o Expected contributions for Green Belt development;
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Governance Arrangements for the Cabinet Action Fund Grants Report attached. Minutes: Members considered a report of Councillor Munsif Dad, Leader of the Council, updating Cabinet on the Governance arrangements for the £20,000 Cabinet Action Fund. The Leader provided a brief introduction to the report.
Councillor Noordad Aziz indicated the process was more transparent than the previous Community Chest scheme and would lead to a fairer distribution of funding to community groups.
Approval of the report was not considered to be a key decision.
Reasons for Decision
The Leader of the Council had announced to Cabinet at its meeting on 30th July 2024 that a Cabinet Action Fund of £20,000 would be created to provide vital support to residents and address needs within the community.
A sum of £20,000 had been identified from within the current revenue budget that could be used for this purpose for 2024/2025, and which could also be used in respect of the Cabinet Action Fund in future years’ budgets.
Charities and community groups across all wards in the Borough would be invited to request grant funding from the Cabinet Action Fund. They would be asked to complete a short and simple application form to explain how much funding they were requesting and what they wanted to use the money for. These forms could be returned by email or handed to a ward councillor for delivery to the Council.
The intention was that these grants would be awarded to constituted and well-established community organisations and charities across the Borough, with each charity and community group being required to hold their own designated bank account.
The Fund would allow the Cabinet to address issues that might arise across all wards within Hyndburn and the Cabinet would collectively consider how they could use this money to:
The grants might be used for both revenue and capital purposes, but would not be given where funding would create on-costs or future maintenance costs for the Council unless those could be accommodated within existing budgets.
It was proposed that the grant requests would be assessed by a Cabinet Working Group comprising 3 members of the Cabinet and that their recommendations for the award of funding would be presented to the Leader and Executive Director (Resources) for approval and payment.
It was also proposed that a regular update would be made to Cabinet on the level of grants awarded and the community benefits and achievements that had been generated.
The grants awarded under the scheme were not considered to meet the definition of subsidy within the Subsidy Control Act 2022, as the aim was not to subsidise commercial enterprises bringing goods and services to market. Instead, the funding would be directed to voluntary and not for profit organisations to support voluntary, community activities in the Borough.
The request process would enable bids for support to be received throughout the financial year.
The request process would not be too ... view the full minutes text for item 150. |
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Domestic Abuse Statutory Duty Funding: Award of Grant to HARV Outreach Team Report attached. Minutes: The Cabinet considered a report of Councillor Melissa Fisher, Portfolio Holder for Housing and Communities, outlining the revenue grant funding the Council had been awarded by the former Department of Levelling Up, Housing and Communities (DLUHG) now Ministry of Housing Communities and Local Government (MHCLG) to continue to provide support in safe accommodation for victims of domestic abuse in the Borough. The report also identified how the Council proposed to utilise this funding and sought Cabinet approval to extend the agreement with HARV Outreach Team (HARV) who were a registered charity (CN 1069367) and a registered company (CN 106673278) to enable them to continue their support service to victims of domestic abuse.
Councillor Fisher highlighted some of the key achievements of HARV in 2023/24, which included supporting 54 residents in their homes, receiving 83 referrals to move away and supporting 79 of those to move away to safe accommodation. It was essential to continue to provide this type of support. Councillor Khan also welcome the provision of the support.
Approval of the report was not considered to be a key decision.
Reasons for Decision
The Domestic Abuse Act 2021 (the Act) had come into force on the 1st October 2021. The Act placed a duty on local authorities to ensure that all victims of domestic abuse, including children, had access to safe accommodation and support when they needed it. It included a wide range of provisions intended to raise awareness and understanding about the devastating impact of domestic abuse on victims and their families.
The Act was supported by statutory guidance and required local authorities to have regard to the guidance when carrying out its functions under the Act. The guidance distinguished between what it described as Tier 1 (upper tier local authorities) and Tier 2 local authorities (district councils). The Act and guidance required “Tier 2” authorities to cooperate with the upper tier authority so far as reasonably practicable when requested to do so. Hyndburn Borough Council as a Tier 2 local authority was therefore required to cooperate with Lancashire County Council, the Tier 1 local authority.
The Act and supporting guidance placed the provision of safe accommodation and domestic abuse support as central to the duties. This included advocacy support, preventative advice, and specialist support for victims with protected characteristics, support for children including play therapy and child advocacy, housing related support, and counselling for adult victims and children. Safe accommodation included refuge, specialist safe accommodation, dispersed accommodation, sanctuary schemes and move-on accommodation, but did not include generic bed and breakfast homeless units/hostels not dedicated to safe provision for domestic abuse victims.
The Government provided funding to Local Authorities to cover the cost of the duty to provide support in safe accommodation. The funding was allocated in Lancashire to the County Council (Tier 1) and to District Councils (Tier 2).
Hyndburn Council had been awarded £33,184 for 2024-25 to enable it to cooperate with Lancashire County Council in the delivery ... view the full minutes text for item 151. |
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Rough Sleeping Accommodation Programme (RSAP) Grant Funding Report attached. Minutes: Members considered a report of Councillor Melissa Fisher, Portfolio Holder for Housing and Communities, outlining the additional revenue grant funding the Council had been awarded by the former Department of Levelling Up, Housing and Communities (DLUHC), now Ministry of Housing, Communities and Local Government (MHCLG), to continue with the existing Rough Sleeping Accommodation Programme (RSAP) project in the Borough which would currently provide 10 units of accommodation and support until 31st March 2025. The report also identified how the Council proposed to utilise this funding and sought approval to enter into agreement with Stepping Stone Projects (SSP) who were a registered charity (CN 1004375) and a company limited by guarantee to enable them to continue their support service to occupants of the RSAP accommodation which was provided to prevent and relieve homelessness.
Councillor Fisher gave a brief introduction to the report. Councillors Whitehead and Walsh also spoke in favour of the decision and applauded the wider support work undertaken by the Council’s Housing Team and voluntary groups such as Maundy Relief.
Councillor Brerton declared a general interest in this matter (outside the scope of the Members’ Code of Conduct) as a former employee of Onward Homes.
Approval of the report was not considered to be a key decision.
Reasons for Decision
In 2018 the Government had published a national Rough Sleeping Strategy and Action Plan aiming to reduce rough sleeping 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 RSAP to help achieve these aims.
Local authorities had been invited to apply for funds to address rough sleeping. The RSAP and RSI programmes had been designed to fund complementary interventions and activities for this purpose. There had been (and still was) 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 had submitted applications and had been successful in securing both RSI and RSAP grant funding.
The Council using this funding had worked successfully with a number of local charitable agencies such as Stepping Stone Projects and Maundy Relief to prevent and relieve rough sleeping. The RSAP accommodation and support project in Hyndburn had been successful in assisting a number of occupants to rebuild their lives and move on into independent housing.
The RSAP Programme provided for both capital and revenue funding to meet the cost of longer term accommodation and support to help rough sleepers rebuild their lives. Local authorities were expected to work with accommodation providers and specialist agencies to end rough sleeping, especially where local authorities were no longer a landlord.
Hyndburn had secured initial funding for 2021/2022 to provide access to accommodation and support for rough sleepers and those at risk of rough sleeping. Cabinet approval had been granted to enter into a grant agreement with Stepping Stone Projects to deliver support to rough ... view the full minutes text for item 152. |
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Process for the Development of the Revenue Budget and Capital Programme 2025/2026 Report attached. Minutes: The Cabinet considered a joint report of Councillor Noordad Aziz, Deputy Leader and Portfolio Holder for Transformation, Education and Skills, and Councillor Vanessa Alexander, Portfolio Holder for Resources and Council Organisation, providing an update on the process to produce the Council’s Revenue and Capital Budgets for 2025/2026 and the impact of the risks and assumptions on the Medium-Term Financial Strategy (MTFS) 2024/25 to 2026/27.
Councillor Noordad Aziz provided brief introduction to the report and highlighted the controlling group’s intention to be transparent about decision making and the challenges faced by the Council, such as the provision of a waste disposal site/transfer station. He outlined the timetable for Budget-setting and development the Capital Programme provided in the tables at Paragraphs 7.2 and 8.2 of the report. He also thanked the officer team, led by the Executive Director (Resources), for their hard work.
Councillor Khan enquired about whether critical timelines could be applied to the individual risks identified within the report. Councillor Alexander responded that the various projects and associated risks were currently being reviewed, but it was not possible to give details of key dates at this stage. More information would be available as a when the relevant decisions had been taken. Councillor Aziz commented that the early identification and publication of risks was an improvement on the arrangements under the previous administration.
Approval of the report was not considered to be a key decision.
Reasons for Decision
The Council had approved its Revenue Budget for 2024/2025 and Medium-Term Financial Strategy (MTFS) at the Full Council meeting on 27th February 2024.
The development of the budget was a key element of the Council’s financial governance processes. Starting this work early in the current financial year allowed adequate time to develop a range of options for the Council to consider when setting the budget for 2025/26.
The Council’s approach to setting its budget and developing options formed part of the assessment of the Council’s Value for Money (VfM) arrangements by the External Auditors.
The Council was expected to have in place a plan to deliver a balanced budget including savings proposals that were robust and deliverable. It was therefore important for the Council to achieve a balanced and sustainable budget over the life of its Medium-Term Financial Strategy to provide assurance to its External Auditors and to avoid any adverse commentary in the Auditor’s Value for Money report.
The report included key risks and potential pressure in the Medium Term Financial Strategy. The main risks related to the following matters, further details of which were set out in the report:
Funding for Local Government
The current Government’s Spending Review period ran to the end of ... view the full minutes text for item 153. |