Agenda and draft minutes

Apologies for absence were submitted on behalf of Councillor Clare Pritchard.

In respect of Agenda Item 7 – Market Hall Operator Update, Councillor Kimberley Whitehead made the meeting aware that a close family member worked at the Market Hall.

There were no formal declarations of interest or dispensations made on this occasion.

To approve the Minutes of the meeting of Cabinet held on 22^nd October 2025.

The minutes of the meeting of Cabinet held on 22^nd October 2025 were submitted for approval as a correct record.

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

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

The minutes of the following board were presented:

Councillor Khan enquired as to progress regarding the procurement of the new mayoral car and the proposed duration of the lease.  Jane Ellis, Executive Director, (Legal and Democratic Services) reported that officers were considering a fully electric BMW 5 Series on two year lease and were on the verge of placing an order.  Councillor Khan also asked for an update on webcasting.  Ms Ellis reminded members that the Board had agreed not to implement webcasting on the grounds of cost, but had approved a conference microphone system.  The anticipated installation date was March 2026.

Resolved                                    -    To note the minutes of the Leader’s Policy Development Board held on 23^rd October 2025.

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

Portfolio Holder for Resources and Council Operations

Councillor Vanessa Alexander reported on the following:

Town Hall Annexe

It was proposed that staff in the Town Hall Annexe on Broadway would transfer to Scaitcliffe House.  Discussions were on-going.

Household Support Fund

The Council was working in partnership with Maundy Relief to work on sustainable ways to address food poverty, using a grant from the Household Support Fund.

Thanks

Councillor Alexander placed on record her thanks to the Executive Director (Resources) and his Team for their hard work in supporting members to develop the Budget for 2026/27.  This work would enable the Council to set a balanced Budget for the forthcoming year.

Portfolio Holder for Environmental Services

Councillor Stewart Eaves reported on the following:

Green Flag Award 2025

Hyndburn’s Parks Staff had recently won Team of the Year in the Green Flag Best of the Best awards.  This was fantastic news and built upon the Council’s existing success in achieving Green Flag status for 11 of its parks and green spaces.  Councillors Dad, Khan and Whitehead added their thanks to the staff for their hard work and expressed delight that the team had been recognised as the best in the country.

Food Waste Pilot

Councillors were being invited to take part in a pilot in March to assist Waste Services to prepare for the launch of food waste collection in April 2026.  Councillors Whitehead and Khan indicated their support for this exercise.

Portfolio Holder for Business, Growth and Sustainability

Councillor Scott Brerton reported on the following:

Economic Development

The Economic Development Team was continuing its programme of outreach work with businesses, shops and traders.  The Team had been visiting businesses in Rishton earlier today.  The outreach programme was a good opportunity to showcase the Council’s services and to speak to traders and potentially to offer assistance.

Department for Work and Pensions (DWP)

The Portfolio Holder had recently met with representatives of DWP to discuss some changes being introduced by the new Government to services for job seekers.

Economic Development Forum

A meeting of the Economic Development Forum would be held early in the New Year and would focus on Local Government Reorganisation in Lancashire.

Hyndburn Jobs Fair

A Jobs Fair event was being planned in February 2026.  Lots of organisations had already signed up to participate.

Small Business Saturday

This weekend, nationally, would see the celebration of Small Businesses Saturday.  Some communications were planned in Hyndburn to promote the occasion and councillors were invited to spread the word.

Councillor Zak Khan commented that it might be useful to receive an update on the measurable outcomes of the work of the Economic Development Team at a future meeting.

Leader of the Council

Councillor Munsif Dad BEM JP reported on the following:

Local Government Reorganisation (LGR)

The LGR submission for Lancashire had now been made to the Government.  Hyndburn had supported the 3 unitary authority (3UA) model.  A total of 5 different models had been submitted by the responding councils.  The Ministry of  ...  view the full minutes text for item 238.

Report attached.

The Cabinet considered a report of Councillor Munsif Dad BEM JP, Leader of the Council, setting out a proposed Planning Enforcement Plan, which updated the existing protocol to reflect current national guidance and aimed to manage the expectations of complainants regarding the scope of the Council’s resources and planning enforcement powers.

The Leader provided a brief introduction to the report, highlighting that the previous version had been agreed in 2010 and no longer reflected the service provided.  He outlined the matters covered in the new Plan, including how enforcement action would be prioritised and timelines.

Councillor Khan raised a number of queries as summarised below and responses were provided by Councillor Dad, or the relevant officer, as indicated:

• Given that enforcement was a discretionary power, who was the decision maker when applying the public interest test (see Paragraph 6 of the Plan)? – Response: The Head of Planning and Transportation had delegated powers to make decisions about enforcement.  However, the matter could be referred to the Planning Committee, particularly in controversial cases.  The Leader of the Council had overall responsibility for the Enforcement Plan, as Portfolio Holder.
• In the case of Priorities 1 and 2, were these derived from national policy or adapted to fit local circumstances – the timescale for a site visit of 10 working days for Priority 2 seemed too long (see Paragraph 15 of the Plan)? -  Response: The need for a Plan followed national guidelines.  However, the Priorities were not determined by Government guidance, but were based on local circumstances.  In summary, Priority 1 breaches needed immediate legal intervention, whereas enforcement for Priority 2 breaches might be in the public interest and should be dealt with as soon as possible.  The timescales reflected available resources.
• Retrospective planning applications were often controversial – was there any guidance available about this process, as the situation was not well understood by the public? – Response: There was a process to follow when seeking planning consent retrospectively.  The Council frequently used social media to raise awareness of its policies in these cases.
• Overall, the Plan was positive, but was it achievable given the everyday pressures on the Planning Team and would additional resources be needed to meet these commitments? – Response: Cabinet members were aware that the Planning Team were very busy.  If any gaps were identified, they would be provided with the necessary resources to carry out their role effectively.

Approval of the report was not deemed a key decision.

Reasons for Decision

The National Planning Policy Framework (NPPF) recommended that local planning authorities publish a local enforcement plan to proactively manage enforcement in a way that was appropriate to their area.

The attached Planning Enforcement Plan set out how enforcement complaints would be prioritised and managed by the Planning Service.  The updated Plan made clear that at the heart of assessing an enforcement case was the degree of harm caused by the alleged breach of planning control and whether formal enforcement action would be expedient.

Adopting  ...  view the full minutes text for item 239.

Report attached.

Members considered a report of Councillor Clare Pritchard, Portfolio Holder for Transformation and Town Centres, updating Cabinet on the outcome of the negotiations with the preferred operator to agree a fit-out specification and lease for Accrington Market Hall.  The report sought approval to waive the Council’s Contract Procedure Rules to engage the retail space and rental consultants specialising in markets, Barker Proudlove.  In addition, the report made Cabinet aware of the need to create a suitable budget for an ‘in-house’ Market Hall management team and revenue operational budget as well as seeking approval to finalise operational days/hours, agreeing trader fees and charges, lease terms and conditions etc. and signing of relevant leases and any licences.

In the absence of Councillor Pritchard, the Leader of the Council gave a brief introduction to the report and explained the changes in circumstances leading to the approach now presented.  Councillors Whitehead and Brerton spoke in favour of the proposals which they believed would allow the flexibilities of a traditional market, support local traders by setting affordable rents and protect the building for the community as an inclusive public space.

Councillor Khan expressed disappointment at the proposals, which he considered lacked innovation and relied on old ways of working.  He raised the following queries:

• What were the reasons for the preferred operator parting ways and was this due to the Council’s actions?
• Whether specialist markets consultants were needed, given that an in-house model of operation was to be established?
• Whether the bid for Levelling Up funding had specified the use of an external operator?

Councillors Breton and Whitehead replied stating that the proposed approach would help to protect local businesses and provide a community benefit.  Councillor Dad indicated that there had been many Government constraints applied to the Levelling Up funding, although not around the selection of an operator.  This contrasted with the approach taken in relation to the Neighbourhoods funding of £20m, which was being delivered following engagement with the community.  The proposed consultants were the firm previously engaged by the Council on an earlier Phase of this project, so were familiar with its progress.  The reasons for the changes were to ensure that the Council obtained the right model for the future operation of the Market Hall.

Steve Riley, Executive Director (Environment) reported that he had recently attended a consultation event with the market traders, who had welcomed the proposals.  They were looking forward to working with the consultants to identify stall locations inside the building.  It was anticipated that this meeting would take place early in the New Year.

Approval of the report was not deemed a key decision.

Reasons for Decision

The Levelling Up Fund had been announced at the 2020 Government Spending Review, to focus on capital investment in local infrastructure projects that required up to £20m of funding and built on prior programmes such as the ‘Local Growth Fund’ and ‘Towns Fund’.

In January 2022, Cabinet had given its formal approval in support of the Town Centre Stakeholder  ...  view the full minutes text for item 240.

In accordance with Regulation 11(1) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval is being sought from Councillor Noordad Aziz, Chair of the Resources Overview and Scrutiny Committee, to the following key decision is being made by Cabinet on 3^rd December 2025, under the Special Urgency provisions, on the grounds that the decision is urgent and cannot reasonably be deferred.

Report attached.

In accordance with Regulation 11(1) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval was granted by Councillor Noordad Aziz, Chair of the Resources Overview and Scrutiny Committee, to the following key decision being made by Cabinet on 3^rd December 2025, under the Special Urgency provisions, on the grounds that the decision was urgent and could not reasonably be deferred.

The Cabinet considered a report of Councillor Melissa Fisher, Deputy Leader and Portfolio Hoder for Housing and Regeneration, providing an update on Hyndburn Leisure’s financial performance up to the end of September 2025 for the current financial year and seeking approval to pay a grant of £700,000 to that organisation in respect of the period 1^st April 2025 to 31^st March 2026.

Councillor Fisher provided a brief introduction to the report, outlining the forecast underspend of Hyndburn Leisure at the end of the financial year, as well as the risks if the Council did not provide the subsidy proposed.  She remained satisfied that the Trust provided sustainable and cost effective leisure provision.  In addition, the forecast for future years anticipated a gradual reduction in the subsidy required.

Councillor Dad indicated that there would be a further report early in the New Year about how Hyndburn Leisure and the Council were working together.  The aim was to ensure that the Trust was sustainable after Local Government Reorganisation and would provide value for money for the taxpayer.  Hyndburn Leisure had already demonstrated that it was on the right trajectory with the subsidy reducing from £1m in 2024/25 to £700k proposed in 2025/26.  Monthly meetings were now taking place between Hyndburn Leisure, the Portfolio Holder for Resources and Council Operations and the Executive Director (Resources).

Martin Dyson, Executive Director (Resources), confirmed that the political administration was working closely with the Hyndburn Leisure to support its sound financial management.  Councillor Fisher added that she now had greater confidence in the operation of the Leisure Trust and that its future had been enhanced by the opening of the new Cath Thom Leisure Centre.

Councillor Khan supported the provision of the subsidy, particularly given the health challenges faced by Hyndburn’s population.  He noted the reduction in the level of subsidy for this year and the forecast reduction for future years and also queried the following matters:

• Whether the anticipated savings would be financed by increased revenue, or through lower energy, buildings and staffing costs;
• Whether more details of the new relationship between Hyndburn Leisure and the Council would made available in the forthcoming report; and
• Whether Hyndburn Leisure would be looking into the different levels of subsidy per attendance at its various venues (the Table provided at Paragraph 4.3 of the report refers).

Councillor Dad responded that the Council would continue to work closely with Hyndburn Leisure and to monitor its performance.  The Council expected a health and well-being return on its investment.  The report in the New Year would set out some key expectations upon Hyndburn  ...  view the full minutes text for item 241.

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(2) and (3) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, notice was provided on 4^th November 2025 of the intention to take the following decision in private on 3^rd December 2025 and the reasons for doing so.

Exemption information by virtue of Paragraph 3 – Information relating to the financial or business affairs of any particular person including the authority holding that information.

Report attached.

In accordance with Regulation 5(2) and (3) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, notice was provided on 4^th November 2025 of the intention to take the following decision in private on 3^rd December 2025 and the reasons for doing so.

Exempt information by virtue of Paragraph 3 – Information relating to the financial or business affairs of any particular person including the authority holding that information.

Members considered a report of Councillor Munsif Dad BEM JP, Leader of the Council, seeking approval to dispose of surplus land at Albert Street/Hartley Street, Oswaldtwistle.  Councillor Dad provided a brief introduction to the report, which included details of the outcome of consultations undertaken with ward councillors and advice obtained from officers.

Approval of the report was not considered to be 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.