Agenda and draft minutes

There were no apologies for absence submitted on this occasion.

There were no reported declarations of interest or dispensations granted.

To approve the Minutes of the last meeting of Cabinet held on 18^th September 2024.

The minutes of the meeting of the Cabinet held on 18^th September 2024 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 meeting of the following body were provided:

Resolved                                    -    That the Minutes of the meeting of the above body be noted.

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

Deputy Leader of Council and Portfolio Holder for Transformation, Education and Skills

Councillor Noordad Aziz reported on the following:

Wilson Sports Village

Since the announcement that ISG, the main construction contractor for Wilson Sport Village, had gone into administration on 20^th September 2024, the Council had been working with its project delivery partner Alliance Leisure Ltd regarding the recommencement of works.  Councillor Aziz had been directly involved in these meetings.  The Council had now taken back control of the site for the purposes of ensuring its safety and security.  The project team comprising Council officers and representatives of Alliance Leisure was working hard to get the facility operational with the minimum disruption.  The group had made good progress in identifying possible contractors.

A further update should be available to Cabinet at the end of November and might be in the form of a written report.  In summary, progress had been good and the construction works should recommence early in 2025.

Councillor Khan thanked Councillor Aziz for his update and acknowledged that the situation was as a result of circumstances outside the Council’s control.  He enquired what responsibilities the Council now had for the site.  He also asked who would bear the cost of the situation.  Councillor Aziz responded that the construction site was covered by the Council’s insurance and required security and management of the relevant health and safety risks.  The remainder of the site, including the running track, was still open to the public.  The costs were specified within the main contract and covered by contingencies and a further update would be provided when available.

Portfolio Holder for Environmental Services

Councillor Stewart Eaves reported on the following:

Fleet Vehicles

A new road sweeper vehicle had now joined the Council’s fleet.  The Service had also looked into food recycling vehicles and was trialling a Dennis vehicle to see if it could manoeuvre along local back streets.  However, the lift mechanism could not be operated until the back had been cleared.  In response to a query from Councillor Khan, it was reported that the damaged new refuse lorry had now been repaired and was back in service.

CVMU

The Central Vehicle Maintenance Unit (CVMU) was due to employ two new mechanics, one of whom was an apprentice.

Litter and Fly Tipping

Suez had been approached and had agreed to provide 12 free skips for ‘community skip days’.  The Portfolio Holder had also undertaken to monitor on a monthly basis the issuing of Fixed Penalty Notices (FPNs).  A number of refusals to pay had now been escalated to the bailiff stage.  Councillor Khan asked if details of how to arrange a ‘skip day’ could be circulated to all councillors.  Councillor Eaves was happy to pass on this information.

Portfolio Holder forCulture, Heritage and Arts

Councillor Kimberley Whitehead reported on the following:

Masefield Close Play Area, Great Harwood

Councillor Whitehead had recently attended the opening of Masefield Close Play Area, Great Harwood, together with  ...  view the full minutes text for item 208.

Report attached.

Members 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 Operations, providing an update on the Prudential Indicators Monitoring and Treasury Management activities since the start of this financial year.

Councillor Aziz provided a brief introduction to the report.

Councillor Khan asked whether the increase in employers’ National Insurance contributions announced in the Government’s Budget had been taken into account within the Council’s finances.  The Portfolio Holder responded that the Council would take a holistic approach to all of the budgetary changes announced today and report back as appropriate.  Councillor Alexander commented that there were other reports on the Agenda, which dealt with risks and budget pressures.

Approval of the report was not considered to be a key decision.

Reasons for Decision

The Prudential Code for Capital Finance in Local Authorities required the Council to set Prudential Indicators annually for the forthcoming three years to demonstrate that the Council’s capital investment plans were affordable, prudent, and sustainable.  The Council had adopted its prudential indicators for 2024/2025 at its meeting in February 2024.

The Prudential Code required the Council, having agreed at least a minimum number of mandatory prudential indicators (including limits and statements), to monitor them in a locally determined format on a quarterly basis.

The indicators were purely for internal use and not designed to be used as comparators between authorities.  If it should be necessary to revise any of the indicators during the year, the Executive Director (Resources) would report and advise the Council further.

‘Treasury Management’ related to the borrowing, investing and cash activities of the authority, and the effective management of any associated risks.  In February 2024, in the same report referred to above, the Council had also set out and then approved its current Treasury Management Strategy.  This had been in accordance with the CIPFA (Chartered Institute of Public Finance & Accountancy) code of practice on treasury management in public services, the Council having previously adopted, via Cabinet, the then revised code of practice.  Associated treasury management Prudential Indicators had been included in the February 2024 report.

Prudential Indicators Monitoring

Appendix 1 of the report set out the monitoring information for each of the prudential indicators and limits.  They related to:

• External debt overall limits;
• Affordability (e.g. implications for Council Tax);
• Prudence and sustainability (e.g. implications for external borrowing);
• Capital expenditure; and
• Other indicators for Treasury Management.

Treasury Management Update

The forecast balance sheet position at 30^th September 2024 for treasury management activities was shown in the table below.

Forecast Treasury Balance Sheet Position 2024/25

The table demonstrated the Council was performing within  ...  view the full minutes text for item 209.

Report attached.

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 Operations, regarding the financial spending of the Council up to the end of September 2024 for the financial year 2024/25 and the forecast impact on the Council’s Medium Term Financial Strategy for 2024/25 to 2026/27.

Councillor Alexander provided a short verbal introduction to the report, including information about budgetary pressures and risks.  The Council was currently in a good financial position and was prepared for the risks identified.  She thanked the Executive Director (Resources) and the Finance Team for their hard work.

Councillor Whitehead reported that members had been to view the Civic Theatre, at Oswaldtwistle, and a public meeting had taken place to discuss its future, at which Councillors Khan and Allen had also been present.  The Council had been transparent about what progress had been made.  A Civic community group had formed comprising interested persons and they were due to attend the site next week.  A meeting had also been arranged with Theatres Trust in one week’s time to seek their advice.  The Trust was considering adding the Civic to their theatres at risk register.  Councillor Dad commented that the Council wanted to see the Borough’s vacant buildings brought back into use as soon as possible.

Councillor Khan thanked the Portfolio Holder for the risk information and the update on the Civic Theatre.   He noted that some underspends logged were due to staff vacancies, particularly in services such as Planning and Building Control.  He asked whether there would be negative financial consequences if the posts were filled.  Councillor Alexander responded that some posts had been filled temporarily by agency staff and that when permanent postholders were in place there should be no adverse financial implications.

Approval of the report was not considered to be a key decision.

Reasons for Decision

At the Full Council meeting on 27^th February 2024, Council had agreed the General Fund Revenue Budget for 2024/25.  This had set a budget for the Council’s total spend in 2024/25 of £16.122M.

The current forecast spend to the end of the financial year in March 2025 was £16.037M.  This brought the forecast underspend for the year against the budget to £0.085M.  Further analysis of changes in forecast spend were set out in section 4 of the report.

Table 1: Forecast Performance Against Budgets

Report attached.

Members 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 Operations, which provided an update for Cabinet on the Council’s Capital Programme Monitoring.  It set out the latest phasing of the programme including the latest estimate of available resources and any additions or changes in forecast outturn since the last monitoring position had been presented to the Cabinet on 30^th July 2024.

Councillor Alexander provided a brief introduction to the report.

Councillor Khan noted that capital receipts needed to be realised to fund the Capital Programme, in part, and asked if it was known which land or buildings would be proposed for sale.  Councillor Alexander responded that these had not yet been identified, but vacant buildings would be considered for reuse or sale.  However, the Theatres Trust and local community group were keen to bring Oswaldtwistle Theatre back into use as an entertainment venue.

Approval of the report was not considered to be a key decision.

Reasons for Decision

The Council had authorised new additions to the capital programme of £4.404m at its meeting on the 27^th February 2024.

Since the Council meeting in February 2024 new schemes totalling £0.531m had been approved and added to the programme.  The additional expenditure approved was to be fully funded from by external grants and receipts that had been awarded and or / received.

In addition, the capital spend outturn from 2023/2024 had slipped £40.656m into 2024/2025, of which £37.769m related to the Levelling Up scheme for Accrington Town Centre, the Leisure Estate Investment and Housing Schemes including Disabled Facilities Grants.

The total approved Capital Programme now totalled £44.144m and was shown in the table below:

Approved Capital Programme

The financing of the programme in 2024/2025 was set out in a pie chart within the report.

The current programme of £44.144m would not be capable of being delivered in the current financial year and it was proposed to now rephase the programme into the years in which it was now expected to be spent.  The phasing of the programme was as summarised below.

Summary of the Scheme Profiles over the Medium-Term Financial Strategy

Report attached.

The Cabinet considered a report of Councillor Kate Walsh, Portfolio Holder for Sustainability and Families, seeking approval for a proposed increase in allotment rent charges from the 1^st January 2026 and 1^st January 2027

Councillor Walsh provided a brief introduction to the report.

Approval of the report was deemed a key decision.

Reasons for Decision

It was recommended that from 1^st January 2026 the allotment rent charge be increased from 28.5p/m² annum to 30.0p/m² annum, and the minimum plot charge be increased from £55.00pa to £60.00pa, and that that from 1^st January 2027 the allotment rent charge be increased from 30.0p/m² annum to 32.0p/m² annum, the minimum plot charge be increased from £60.00pa to £65.00pa.

During 2012, the Council had consulted with the allotment tenants.  83% of those responding said that rent should be increased regularly in small amounts rather than single large increments at irregular intervals.

Since 2014, the Council had progressively increased the allotment rents in small annual increments to ensure that the annual rate of increase was kept reasonable, as shown below.  Allotment rents were charged by calendar year.

The minimum charge was the lowest amount of rent charged per plot regardless of plot size.

Prior to 2014, the allotment rents had not been increased since 2006 and had been amongst the lowest in England (data supplied by the National Allotment Society).  Between 2006 and 2014 the annual allotment rents had been charged 7.5p/m² (Average).

The Council had a legal duty to notify tenants 12 months in advance of an allotment rent increase.  To facilitate the 1^st January 2026 rent increase, allotment tenants would have to be advised by the 31^st December 2024.

The Councils allotment service was operated on a ‘cost neutral’ basis, without profit.  Having taken into account inflationary pressures in financial years 2026-2027 & 2027-2028, and increased Council costs, the recommended rent increase would enable the Council to continue to provide the present ‘cost neutral’ service level. 

The Allotment Act 1950 stated that an authority might charge such rent as a tenant might “reasonably be expected to pay”.  The recommended rental increase had taken account of all of the following factors:

• Comparison with other neighbouring Local Authorities;
• Comparison with other local recreational activities;
• National Allotment Society Policy Document 103. Rents; and
• Consultation with the Hyndburn Federation of Allotments.

Comparison with  ...  view the full minutes text for item 212.

Report attached.

Members 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 Operations, providing an update on the financial position for the Council’s Revenue and Capital Budgets for 2025/26 and the impact on the Medium-Term Financial Strategy (MTFS) 2025/26 to 2027/28.

Councillor Aziz gave a short verbal introduction to the report.

Approval of the report was not considered to be a key decision.

Reasons for Decision

The Council had approved its Revenue Budget for 2024/25 and Medium-Term Financial Strategy (MTFS) 2024/25 – 2026/27 at the Full Council meeting on 27^th February 2024.

Since the MTFS 2024/25 – 2026/27 had been produced the economic and political climate had changed.  Therefore, the assumptions, pressures and risks required updating as a number might have evolved.

A report had been presented to Cabinet on 18^th September 2024, detailing the current assumptions, risks and pressures and the process for the budget 2025/26.

This report was to inform Cabinet of the revised MTFS for 2024/25 – 2026/27 to incorporate the information presented in the report mentioned above and to extend this for an additional year into 2027/28.

Update of the Medium-Term Financial Strategy 2024/25 – 2027/28

Since the revenue budget had been approved at full Council on 27^th February 2024 and recognising that the Council was operating in an ever-changing environment, work had continued to update the MTFS and extend it to include the 2027/28 financial year.

The table below showed the updated standard scenario MTFS:

Table 1: Medium Term Financial Strategy 2024/25 – 2027/28

The MTFS figures were based on the assumptions set out in the report presented to Cabinet on 18^th September 2024 including the following:

• Pay award of 3.0%;
• General inflation of 3.0%;
• Utilities inflation of 2.0%;
• Increases in sales, fees and charges income of 3.0%;
• Increase in non-ringfenced Government grant income of 2.0%;
• Increases in retained business rates income of 2.0%; and
• Increase in Council Tax base of 0.8% with a 2.99% increase in Council Tax rate.

The figure contained in the report now provided assumed that the Council would accept the Homes England Brownfield Infrastructure and Land Fund grant and that the Council would not receive its  ...  view the full minutes text for item 213.

Report attached.

In accordance with Regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, approval was given by Councillor Jodi Clements, Chair of the Communities and Wellbeing Overview and Scrutiny Committee, to the following decision being made by Cabinet on 30^th October 2024, under the special urgency provisions for key decisions, on the grounds that the decision was urgent and could not reasonably be deferred.

In the absence if the Mayor, approval was given by the Deputy Mayor, Councillor Josh Allen, to the disapplication of the call-in procedure on the grounds of urgency, in accordance with Overview and Scrutiny Procedure Rule C14.

The Cabinet considered a report of Melissa Fisher, Portfolio Holder for Housing and Communities, providing an update on the Huncoat Garden Village project and seeking a series of approvals to progress the project, including authority to accept the grant award and enter into a grant funding agreement with Homes England.

Councillor Fisher provided a brief introduction to the report.  She confirmed that the Council was pleased to announce its intention to progress plans for the redevelopment of the former Huncoat Power Station and Huncoat Colliery brownfield sites for 1,816 new homes, of which 263 would be affordable or social housing.   The development would include a relief road, village centre, primary school extension, railway station parking and some 23 hectares of open space, including woodland and sports facilities.

The Portfolio Holder thanked the officers for their hard work, Homes England for the grant funding and Councillor Clare Pritchard for her work in chairing a Cabinet Working Group, which had led a review of the proposals.

Councillors Aziz and Khan both spoke in favour of the project.  Councillor Khan raised questions about a proposal for a strategic rail freight terminal and about how the decision on the overall project would be communicated to residents, to which Councillor Dad responded.

Approval of the report was deemed a key decision.

Reasons for Decision

Huncoat Garden Village formed a key part of Hyndburn Borough Council’s growth plans.  It was a residential-led, brownfield housing development project with the potential to transform the housing market within Hyndburn.

The Huncoat Garden Village Masterplan and Framework and Delivery Strategy, approved by Cabinet in October 2021, had set out a framework for the new housing development and expanded settlement of Huncoat, with the Masterplan Framework becoming a material consideration for planning applications for the Garden Village area.  A design code (currently in final draft form) set out good design principles including rules (the dos and don’ts) for the creation of a high quality residential development and environment and this would be used by Hyndburn Borough Council, landowners, developers, house builders, etc. as the project was delivered.

Huncoat Garden Village also formed a key part of the emerging Local Plan (Hyndburn 2040: Local Plan {Strategic Policies and Site Allocations}), Policy SP2.  Homes England had confirmed that the Huncoat Garden Village proposals remained consistent with the new Government’s strategy for housing growth as  ...  view the full minutes text for item 214.

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.

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

Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information).

Report attached.

Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)

Councillor Kate Walsh, Portfolio Holder for Sustainability and Families gave a brief introduction to the report.  Councillor Pratt spoke against the disposal of the land, which had previously been a recreation area.  Councillor Whitehead outlined the reasons why the site was no longer considered suitable for that purpose.

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.