Agenda item

Report attached.

Members considered a report of Councillor Munsif Dad BEM JP, Leader of the Council, updating the Council in respect of recent executive decisions taken as a matter of urgency where the decision had been exempted from the Call-In Procedure.

Rule C14 of the Overview and Scrutiny Procedure Rules set out the provisions allowing for a period of call-in by members of a relevant Overview and Scrutiny Committee, in respect of certain executive decisions.  That Paragraph included the detailed procedures which supported this arrangement.

Paragraph C14(i) stated that the call-in procedure should not apply where the decision being taken by the executive was urgent.  A decision would be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public interest.  The record of the decision and notice by which it was made public should state whether in the opinion of the decision making person or body, the decision was an urgent one, and therefore not subject to call-in and the reason for that opinion.  The Mayor had to agree both that the decision proposed was reasonable in all the circumstances and to it being treated as a matter of urgency prior to the decision being taken.  Provision was also made for consent to be obtained otherwise in the absence of the Mayor.

In addition to the above, Paragraph C14(i) stated that decisions taken as a matter of urgency had to be reported to the next available meeting of the Council, together with the reasons for urgency.

Recent urgent executive decisions, or Cabinet decisions where the Call-In procedure had been suspended, were as summarised below.

Urgent Executive Decisions Taken

The following urgent executive decisions had been taken within the last reporting period:

(a)     Procurement of Work for Great Harwood High Street Accelerator Fund Greening Project

The decision and reason for urgency was as summarised below:

Decision (taken by the Chief Officer/Head of Service on 29^th April 2025)

Appointment of Clark & Kent to undertake works to install a pump track at Game Street, Great Harwood using High Street Accelerator funding.

Reason for Urgency

All work relating to the High Street Accelerator funding had to be completed by 30^th June 2025.

(b)     Leisure Transformation Project  - Wilson Playing Fields Site  - s.278 Agreement

The decision and reason for urgency was as summarised below:

Decision (taken by the Chief Officer/Head of Service on 9^th May 2025)

To seek approval to enter into an agreement, pursuant to Section 278 of the Highways Act 1980, with Lancashire County Council (LCC) to carry out highways works to complete the construction of the new leisure facility at the Wilson Playing Field site.

Reason for Urgency

Since Universal Civils and Build Limited (Universal) had been appointed as the replacement Contractor in December 2024, the construction of the new leisure facility at Wilson Playing Fields was progressing very well and Universal were ready to start off-site highways works as part of the development plans.

Whilst LCC required Universal to enter into a licence to work on the highway, this was dependent on the Council entering into the s.278 Agreement with LCC.

The highways works were due to commence in May and, as such, time was of the essence to seek Cabinet’s approval and for the Council to enter into the s.278 Agreement with LCC to avoid delays which may lead to significant additional costs for the Council.  To wait until the next formal Cabinet meeting would result in delays of this vital work and the Council would be liable for costs of the delay.

(c)     Huncoat Garden Village Residential Relief Road – Appointment of Preferred Contractor

The decision and reason for urgency was as summarised below:

Decision (taken by the Chief Officer/Head of Service on 27^h May 2025)

To seek approval to enter into a Pre-Construction Services Agreement (PCSA) with the preferred contractor to begin delivery of the Huncoat Garden Village Residential Relief Road.

Reason for Urgency

The delivery of the Residential Relief Road was fundamental to the success of the Huncoat Garden Village Masterplan, the timing of which had been agreed with Homes England pursuant to the terms of the grant funding agreement the Council entered into with them.  The pre-construction process had already been delayed and Eric Wright Civil Engineering Ltd (EWCE) and their supply chain had already done some work at risk to mitigate the delays.  The Council now required the PCSA to formalise these arrangements to enable EWCE to appoint their sub-contractors and suppliers (in particular to enable the carrying out of site investigations, which were planned to take place over the next few weeks when the weather was drier and the land was firmer).

(d)     Lease of Wilson Playing Field site to Hyndburn Leisure

The decision and reason for urgency was as summarised below:

Decision (taken by the Chief Officer/Head of Service on 5^th June 2025)

To seek approval to grant a short-term lease of the Wilson Playing Field site, Clayton le Moors, to Hyndburn Leisure.

Reason for Urgency

A decision about the grant of a lease to Hyndburn Leisure was required urgently given that the works to construct the new leisure centre were due to be completed in September 2025.  Hyndburn Leisure needed the certainty of a lease of the premises to begin preparing to operate the facility upon its completion, especially as much of the required activity would involve the incurring of up-front cost.  The grant of the lease should ensure that the new leisure facility could be immediately handed over to Hyndburn Leisure as operator, once the construction had reached practical completion.  If the lease was not in place, then the Council would take possession of the facility and, as no-one in the Council had the appropriate skills and expertise to run the facility, it would remain closed until a lease had been completed or a commercial operator had been procured and appointed..  This would result in loss of income and potentially significant empty property costs (for example in insuring the building and in keeping it secure).

In addition to contract delays, Hyndburn Leisure needed a lease in place to formally complete the required staffing appointments and to enter into their own contracts for procurement of gym equipment, ICT, supplies and services.  Further delays to Hyndburn Leisure’s ability to commence such arrangements could result in a delay to practical completion which would incur costs which were additional to the empty property costs described above.

Copies of the full reports relating to the above decisions could be viewed on the Council’s website within the Cabinet Agenda for 18^th June 2025.  (A link to that Agenda was provided within the report).

In respect of decision (d) above - Lease of Wilson Playing Field, Councillor Zak Khan asked why the Council had not followed its usual procurement procedure.  Councillor Dad responded that this was due to the short timescale involved, with a proposed opening date in October 2025 and having regard to the needs of the operator of the facility to recruit staff, etc.

On the same matter, Councillor Paul Cox indicated that he was an ardent supporter of Hyndburn Leisure and it was pleasing to hear of the contract being awarded to them.  However, as Vice-Chair of the Resources Overview and Scrutiny Committee from 2024/25 onwards, he made a renewed call for a representative of the Leisure Trust to attend that Committee when requested under the work programme.

Resolved                                    -    That Council notes the report on recent executive decisions taken as a matter of urgency.