Agenda and minutes

Apologies for absence were submitted on behalf of Councillor Mike Booth.  Councillor Kimberley Whitehead was present as his substitute.

Councillor Melissa Fisher declared a personal interest in agenda Item 6 - Leisure Transformation Update, in the light of her appointment to represent the Council as a non-voting member of the Board of Hyndburn Leisure.

There were no dispensations notified.

To submit the minutes of the Special Scrutiny Committee held on 12^th September 2023 for approval as a correct record.

Recommended          -           That the minutes be received and approved as a correct record.

The minutes of the last meeting held on 12^th September 2023 were submitted for approval as a correct record.

The Chair indicated that the name of co-optee Mr Shahed Mahmood had been omitted in error from the list of those present at the meeting

Councillor Whitehead reported that the names of Councillors Aziz, Booth, Fisher and Haythornthwaite had been duplicated incorrectly in the section recording the co-optees present.

Resolved                                    -    That subject to the following amendments in the section recording co-optees present at the meeting:

(a)    the addition of the name “Mr Shahed Mahmood”; and

(b)   the deletion of the names “Noordad Aziz, Mike Booth, Melissa Fisher and Carole Haythornthwaite”,

the minutes of the Special Scrutiny Committee meeting held on 12^th September 2023 be received and signed as a correct record

To receive a verbal update from the Chair on any previous matters arising from the Committee.

The Chair provided a short verbal update on two matters.  At the meeting in July, Councillor Noordad Aziz had recommended that the Council consider extending the remit of the Committee to include other town centres.  That proposal had been approved last week by the Council.  In addition, the Council had agreed to add Leisure Transformation and the Local Plan (which were on today’s agenda) to the terms of reference of this Committee.

The Chair invited further questions or comments from the Committee on the above update.  Councillor Aziz moved the establishment of a task and finish group to conduct a review of potential investment opportunities in other townships outside of Accrington Town Centre.

Resolved                                 (1)   To note the update report provided by the Chair in respect of the Committee’s agreed terms of reference.

(2) To approve the establishment of a task and finish group to conduct a review of potential investment opportunities in other townships outside of Accrington Town Centre.

This report provides an update on the key matters relating to the emerging Local Plan:

a)    Update on the preparation of the emerging Local Plan up to now;

b)    Update on next steps, including likely need to re-consult at Regulation 19 stage.

Recommended          -           That the report be noted.

Members considered a report which provided an update on the key matters relating to the emerging Local Plan, comprising information on:

a)         the preparation of the emerging Local Plan up to now;

b)         the next steps, including likely the need to re-consult at Regulation 19 stage.

The Leader of the Council, Councillor Marlene Haworth, was in attendance to introduce the report, but apologised that she was not in a position to answer any detailed questions on the technical content.

The report indicated that 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, become the new Local Plan, which would contain updated Strategic Policies and Site Allocations, and the adopted Development Management Development Plan Documents (DPD) 2018, which contained local (non-strategic) policies. The key stages of the Local Plan adoption process, according to the Town and Country Planning (Local Planning) (England) Regulations 2012 were provided as Table 1 in the report.  A summary is as follow:-

·        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 as part of Regulation 18 of the process.  This stage related to the initial preparation of a Plan, including 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 base and other supporting material) to the Planning Inspectorate for Examination.  The version of the Local Plan consulted on at this stage was intended to represent the settled view of the Council on what the adopted Plan should contain and was also known as the “Pre-submission” or “Publication” Plan.  Following the consultation, the Council also needed to submit any representations that had been made to the consultation as well as the Council’s response to the comments (including any further proposed modifications if it had them).  The Examination process would usually then begin.

For a variety of reasons, including Covid19, staff departures and recruitment issues, there had been a number of delays in the preparation of the latest Local Plan since the review first commenced.  In addition, whilst a Regulation 19 consultation had taken place (between November 2022 and January 2023, following Member approval to consult at the March 2022 Full Council meeting), it had emerged that certain procedural steps were not followed during the consultation.  Therefore, the Council had taken legal advice which had recommended that a Regulation 19 consultation was carried out again.

As a number of important  ...  view the full minutes text for item 208.

To receive a progress update on the Leisure Transformation Project.

Recommended          -           That the Committee notes the report.

The Chair welcomed Lyndsey Sims, Chief Executive, Hyndburn Leisure, to the meeting.  Councillor Loraine Cox, Portfolio Holder for Leisure Transformation and Leisure Trust was also in attendance for this item.

Ms Sims reminded Members that the Trust had commenced working with Sport England in 2019.  She then delivered a presentation to the Committee which covered the following matters:

• Sport England Strategic Outcomes Planning Model (4 stages comprising: outcomes; insight; interventions; and commitment);
• project aims (9 key project aims had been identified);
• developing the facility proposals (3 key considerations comprising: cost; existing facility condition; and potential impact on people’s lives);
• research based approach (a list of research information used was provided);
• project delivery phases (4 phases commencing in 2021/22 and ending in 2024/25);
• Phase 3 focus - 2023/24 (current phase - including planning and commencement of build at Wilson’s Playing Fields; refurbishment of Hyndburn Leisure Centre; developing a vision for Mercer Hall; working with Hyndburn Academy; and making various funding bids);
• Wilson’s Playing Fields update (list of progress to date and remaining tasks to undertake prior to construction commencing in late January 2024 and anticipated opening in Spring 2025 and future developments);
• Hyndburn Leisure Centre (Projects 1 and 2 delivered to date and Projects 3 and 4 planned, including working with the NHS Integrated Care Board);
• Mercer Hall (consultations undertaken and related bids submitted or planned);
• Bank Mill Centre (consultations undertaken and quotes received for refurbishment; funding being sought and external space improvements being considered);
• Clayton Community Centre (significant investment made to date and other funding sought and projects underway); and
• Hyndburn Academy (canal jetty refurbishment; community use of the gym and 3G pitch replacement proposed).

Councillor Kimberley Whitehead referred to the Community Ownership Fund application submitted in connection with Mercer Hall, which had been unsuccessful, but which had led to the provision of 8.5 days of consultant support and the opportunity to apply for a revenue grant for up to £10k.  She asked if the Trust would pay for extra days of consultant support.  Ms Sims indicated that no additional days would be required.

Councillor Melissa Fisher thanked Ms Sims for the presentation which provided a very positive picture of the work of Hyndburn Leisure.  She commented that, at the recent Council meeting, several speakers had expressed concerns about escalating costs nationally and were worried that this might impact upon the Wilson’s project.  No-one wanted the project to fail if it went ahead, but she sought reassurance that contingencies were in place to mitigate any unexpected rise in costs.  Ms Sims responded that the financial risk had been carefully considered. The project would be delivered via a ‘design and build’ contract, which set a fixed cost and placed the main burden for risk management on the contractor.  There were some contingencies built in to cover the first three months which might be required, for example, if the site condition surveys had failed to identify adverse ground conditions.

Councillor Noordad Aziz commented that Mercer Hall could be considered to be the  ...  view the full minutes text for item 209.

To respond to the request from the Special Scrutiny Committee for a general update on the Council’s LUF work.

Recommended          -           That the Special Scrutiny Committee note the report and raise any questions from the report before the scheduled meeting.

Members considered a report of Councillor Mohammed Younis, Portfolio Holder for Levelling Up.  Councillor Younis was in attendance to introduce the report.  He was accompanied by Steve Riley, Executive Director – Environment.  The Leader of the Council had also remained in the meeting, as she had a keen interest in the Market Hall development.

Councillor Younis spoke to indicate that he was pleased to provide a written update for the Committee.  There was a lot of public interest in this programme and several members of the public were present this evening.  Mr Riley would give a presentation, following which there would be an opportunity to ask him some questions.

The report indicated that the Levelling Up Fund had been announced at the 2020 Spending Review and would 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’.

Cabinet had given its formal approval in support of the Town Centre Stakeholder Board’s recommendations that the Council’s LUF submission should focus around the following three principal interventions, noting that 2 and 3 were not in the Council’s ownership:

1. Redevelopment within the Indoor Market Hall and outdoor pavilions along Peel Street – the intervention known as Market Hall.
2. Improvements and redevelopment to the properties of 43-59 Blackburn Road / 2-4 Church Street – the intervention known as Market Chambers.
3. Improvements and redevelopment to the block 61-69 Blackburn Road – the intervention known as Burtons Chambers.

Whilst there had been a delay of almost 6 months in the funding announcement from DLUHC, (Department for Levelling Up, Housing and Communities), steady progress was being made.  However, securing vacant possession still remained one of the key risks for project delivery on Burtons Chambers and Market Chambers.  The Council continued to work with CBRE and Womble Bond Dickinson, (WBD) the Council’s appointed property acquisition advisors and legal advisors.

Burtons Chambers

The freehold interest in the building had been secured in February 2023 and the Council had received notification of the Completion of Registration from the Land Registry on 25^th May 2023.  Three leasehold interests had been identified within the building.  One had been surrendered prior to the acquisition, the second tenant had vacated the building in July and had surrendered their lease early.  The final leasehold tenant had identified a suitable location for relocation and had now engaged with CBRE on a settlement figure for surrendering their lease early and likely costs related to relocating.

Market Chambers

Five freehold and eighteen leasehold known interests had been identified within the building.  The freehold interests in three properties, 47-51 had been secured.  The only leaseholders in this part of Market Chambers held a lease which was due to expire in June 2024 and was in line with the LUF programme of works.

CBRE had negotiated a sale by agreement with the fourth freeholder.  Heads of terms were now being drafted with an anticipated exchange/completion by  ...  view the full minutes text for item 210.