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C O U N C I L
Tuesday, 7 th December 2010
Present: The Mayor, Councillor Malcolm Pritchard (in the chair); Councillors Addison, Ayub, Pam Barton, Paul Barton, Britcliffe, Broadley, Clarke, Allah Dad, Munsif Dad, Dawson, Dobson, Dwyer, Grayson, Marlene Haworth, Susan Haworth, Horne, Hurn, McCormack, Mason, Moss, O’Kane, Parkins, Parkinson, Pratt, Clare Pritchard, Roberts, Robinson, Storey, Walmsley, Wells, Whittaker and Wilson
370 Minute’s Silence for former Councillors Edward Hillman and Marilyn Brindle
The Mayor referred to the deaths of former Councillors Edward Hillman and Marilyn Brindle. Mr Hillman was Honorary Alderman and former Hyndburn Councillor for Spring Hill Ward, from 1986 to 1998. Mrs Brindle had been a Councillor for the Clayton-le-Moors Ward from 1995 to 1999. All present stood for a minute’s silence as a tribute.
371 Apologies for Absence
Apologies for absence were submitted on behalf of Councillors Hayes and Smith.
372 Declarations of Interest and Dispensations
Councillors Dobson declared a personal and prejudicial interest in the minute 399 (Licensing Act 2003 - Revised Licensing Policy 2011-2014), as the owner of licensed premises in Hyndburn.
Councillor Pam Barton declared a personal and prejudicial in minute 382 (Motion: Opening of new Tesco Store and Market Hall) as she had family members who owned a business in the market.
Councillor McCormack declared a personal and prejudicial in minute 382 (Motion: Opening of new Tesco Store and Market Hall) as the owner of a business in Accrington.
373 Communications
a) Charity Concert
The Mayor announced details of a Charity Youth Jazz Concert, to take place on Saturday, 15 th January 2011 at Accrington Town Hall, featuring St Christopher’s High School Swing Band and St Augustine’s High School Swing Band.
b) Extraordinary Council Meeting, 8 th December 2010 – Creation of new Freemen of the Borough
The Leader looked forward to the extraordinary Council meeting on 8 th December 2010, when four citizens of Hyndburn, Irene Barnes, Winnie Bridges, Leonard
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Dickinson and Ken Hargreaves, would be granted the Freedom of the Borough in recognition of their eminent service to the community.
c) Question Time at St Christopher’s School
The Leader spoke about the Question Time event held at St Christopher’s School on 22 nd November 2010, which had been a great success. He wished to thank staff in Member Services for organising the event and stated that he would be writing to the school, to show appreciation for their participation.
d) Christmas Lights and Decorations
The Leader referred to the Christmas lights and decorations around the Borough, which were a credit to the staff responsible. He also thanked the Mayor for instigating the Christmas Fair on Saturday, 4 th December and in particular the appearance of reindeer in Accrington Town Centre, which had been such a magical sight for both children and adults. The Mayor pointed out that the credit for the idea of bringing in reindeer should go to a member of the charity committee, Mrs Cath Gregson.
e) Opening of new Tesco Store
The Leader referred to the opening of the £32m Tesco Superstore in Accrington on 22 nd November 2010, which had regenerated that part of the town. He had been delighted that Mrs Mandy Rawstron, mother of Jason Rawstron, killed in action in Afghanistan, had participated in the opening of the store and had written to Mrs Rawstron to thank her and to Tesco’s for making this gesture.
f) Withdrawal of Education Maintenance Allowance (EMA)
The Council Leader reported that following the Government announcement of the withdrawal of the Education Maintenance Allowance and, at the same time, the expansion of apprenticeship schemes, he had written to the Principal of Accrington and Rossendale College, for advice on steps the Council could take to support young people into education and employment in the Borough.
g) Ending of Housing Market Renewal Funding
The Council Leader read out a letter he had sent to Ed Miliband MP, Leader of the Opposition, to convey residents’ concerns at the ending of Housing Market Renewal funding, and asking him to apologise. It was the view of the controlling group on the Council that the situation had been caused by the actions of the previous Labour Government and its irresponsible financial management.
374 Confirmation of Minutes
It was moved and seconded that the minutes of the Council meetings held on 14 th July and 8th November 2010 be approved.
Resolved - That the minutes of the Council meetings held on 14 th July and 8th November 2010 be received and approved as a correct record.
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375 Declaration of the Returning Officer for the Election of a Councillor for Baxenden Ward
The result of a by-election held on 18 th November 2010 was announced, when Terry Hurn had been duly elected as Borough Councillor for the Baxenden Ward. On behalf of all Councillors, the Mayor welcomed Councillor Hurn to the Council Chamber.
376 Leader’s Question Time
Questions were put to the Leader of the Council, summarised below, to which he responded.
♦ The Leader of the Council had made a statement that this Council no longer supported the Pennine Lancashire Economic Partnership and instead supported a Lancashire Economic partnership. Would he correct his mistake as the majority are still in favour of a Pennine Lancashire Economic Partnership? (Councillor Parkinson) ♦ To ask the Leader of the Council if his group colleagues realised the about-face that had been done on this issue (Councillor Parkinson). ♦ To ask the Leader if he would support [Councillor Parkins] in asking Overview and Scrutiny to look into the financial position of Hyndburn Homes (Councillor Parkins). ♦ To ask the Leader if he would thank the Mayor for the wonderful events that had taken place in Accrington Town Centre on 4 th December as part of the Christmas Fair (Councillor Haworth). ♦ The Leader was asked to give an update on the position regarding the availability of free grit to each household in the borough (Councillor Susan Haworth). ♦ The Leader was asked to comment on the news that the controlling group had managed to save DASH (Disabled Association For Sport In Hyndburn) and Arthritis Care by meeting their transport needs (Councillor Addison).
377 Questions on Notice
A series of questions had been received under Council Procedure Rule A8.2:-
a) Councillor Wells: “Will the Leader of the Council update Members on the progress of the Fairtrade commitment that this Council made in 2004?”
The Leader circulated a paper which updated members of the Council with work being done to promote Fairtrade.
b) Councillor Dwyer: “Will the Leader of the Council apologise to the residents of the Woodnook area for previously assuring them in this Chamber back in March, that Housing Market Renewal money would be available, only for them to learn in November that their area is to miss out?”
The Leader responded by referring to the letter he had sent to Ed Miliband, Leader of the Opposition, attaching blame for the situation to the previous Labour Government.
c) Councillor Wells: “Does the Leader of the Council agree with the Secretary of State, Eric Pickles, in stating that the pay increase given to the new Chief Executive of Lancashire County Council is “wrong and excessive”?
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The Leader suggested that the question should be put to representatives of Lancashire County Council.
d) Councillor Parkinson (on behalf of Councillor Smith): “Given the financial constraints that this Council finds itself under, does the Leader of the Council feel that it is morally right that Vodafone has been allowed by HMRC to waiver a payment of £6bn in taxes and will he write to the Chancellor of the Exchequer to ask him to intervene in this decision?”
The Leader did not offer a response.
e) Councillor Ayub: “Given that Hyndburn is one of the most deprived boroughs in the country, does the Leader of the Council agree with Lord Young in stating that our residents have “never had it so good”?”
The Leader asked the questioner to explain who was Lord Young.
378 Minutes of Cabinet
The minutes of the Cabinet meeting held on 30 th June, 14th September and 19 th October 2010 were submitted.
Resolved - That the minutes be received and noted.
379 Minutes of Committees
The minutes of the following meetings were submitted:-
COMMITTEE DATE Licensing Sub-Committee 2nd July 2010
Resources Overview and Scrutiny Committee 6th July 2010
Communities and Wellbeing Overview and Scrutiny Committee 7th July 2010
Judicial Committee (Private Hire and Hackney Carriage 12 th July 2010 Licensing)
Planning Committee 14 th July 2010
Judicial Committee (Private Hire and Hackney Carriage 26 th July 2010 Licensing)
Licensing Sub-Committee 4th August 2010
Planning Committee 11 th August 2010
Planning Committee 25 th August 2010
Resources Overview and Scrutiny Committee 1st September 2010
Communities and Wellbeing Overview and Scrutiny Committee 2nd September 2010
Judicial Sub-Committee (External Funding), 16 th September 2010
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Audit Committee 20 th September 2010
Planning Committee 22 nd September 2010
Standards Committee 27 th September 2010
Judicial Committee (Private Hire and Hackney Carriage 27 th September 2010 Licensing)
Resources Overview and Scrutiny - Area Regeneration Sub- 4th October 2010 Committee
Resources Overview and Scrutiny Committee 12 th October 2010
Planning Committee 13 th October 2010
Communities and Wellbeing Overview and Scrutiny Committee 13 th October 2010
Judicial Committee (Private Hire and Hackney Carriage 29 th October 2010 Licensing)
Licensing Sub-Committee 4th November 2010
Management Review Committee 10 th November 2010
Planning Committee 17 th November 2010
Resolved - That the minutes be received and noted.
380 Motion: Taxi Licensing
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Clare Pritchard and seconded at the meeting by Councillor Munsif Dad:-
“That this Council adopts the Statement of Policy about Relevant Convictions [included in the agenda papers] for formal consultation and that it:
1. Forms a Working Group to consult with relevant stakeholders.
2. That the Working Group is politically balanced.
3. That the Working Group reports back to the next ordinary Full Council on Tuesday 18 th January with any feedback.
4. That Council be asked to consider the policy, having regard to the outcome of consultations, with a view to implementation of an approved policy on the 1 st February 2011.”
Councillor Britcliffe proposed an amendment, that in relation to 3. above, “That the Working Group reports back to an appropriate meeting of the Council” and 4. “That Council be asked to consider the policy, having regard to the outcome of consultations, at the appropriate time.”
The mover of the motion, accepted the amendment which then became the substantive motion and was put to the vote.
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The motion was carried.
Resolved - That this Council adopts the Statement of Policy about Relevant Convictions [included in the agenda papers] for formal consultation and that it:
1) Forms a Working Group to consult with relevant stakeholders.
2) That the Working Group is politically balanced.
3) That the Working Group reports back to an appropriate meeting of the Council
4) That Council be asked to consider the policy, having regard to the outcome of consultations, at the appropriate time.
381 Motion: Education Maintenance Allowance (EMA)
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Wells and seconded at the meeting by Councillor Parkinson:-
“Hyndburn Borough Council resolves to formally support the SaveEMA campaign and will write to the Secretary of State to express our concerns over the impact of the withdrawal of EMA support to students in our Borough.”
After a debate and before being put to the vote, at least six members asked for a recorded vote under Council Procedure Rule 16.5. Each Councillor voted as follows:-
For the motion:-
Councillors Ayub, Pam Barton, Broadley, Munsif Dad, Dawson, Dwyer, Grayson, McCormack, Moss, O’Kane, Parkins, Parkinson, Clare Pritchard, Malcolm Pritchard, Wells (15)
Against the motion:-
Councillors Addison, Paul Barton, Britcliffe, Clarke, Allah Dad, Dobson, Marlene Haworth, Susan Haworth, Horne, Hurn, Pratt, Roberts, Storey, Walmsley, Whittaker and Wilson (16)
Abstentions
None
The motion was therefore defeated.
382 Motion: Opening of new Tesco Store and Market Hall
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor O’Kane and seconded at the meeting by Councillor Clare Pritchard:-
“This Council welcomes Tesco’s recognition of the hard work and dedication of local Hyndburn resident Mrs Mandy Rawstron by asking her to open their £32 million store and
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acknowledges the Council’s mistake in paying £8000 to a celebrity chef to open the refurbished Market Hall.”
In protest at what he considered to be an unacceptable point, grouping together the opening of the Tesco store by Mrs Rawstron and the opening of the refurbished Market Hall, the Leader of the Council led his group out of the Council Chamber and they took no part in the debate or vote.
Having each declared a personal and prejudicial interests in the matter, Councillors Pam Barton and McCormack left the Council Chamber and took no part in the debate or vote.
After a debate and before being put to the vote, at least six members asked for a recorded vote under Council Procedure Rule 16.5. Each Councillor voted as follows:-
For the motion:-
Councillors Ayub, Broadley, Munsif Dad, Dawson, Dwyer, Grayson, Moss, O’Kane, Parkins, Parkinson, Clare Pritchard, Malcolm Pritchard, Wells (13)
Against the motion:-
None
Abstentions
None
The motion was carried.
Resolved - That this Council welcomes Tesco’s recognition of the hard work and dedication of local Hyndburn resident Mrs Mandy Rawstron by asking her to open their £32 million store and acknowledges the Council’s mistake in paying £8000 to a celebrity chef to open the refurbished Market Hall.
383 Motion: 15kg Bag of Grit
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Parkinson and seconded at the meeting by Councillor Clare Pritchard:-
“This Council welcomes the acknowledgment of last year’s failure of the Conservatives at Lancashire County Council to provide enough grit for the streets of Hyndburn and welcomes the efforts made to provide each household in Hyndburn with a 15kg bag, but sadly notes the way this has been organised, not every house will receive their bag of grit in Hyndburn as promised.”
After a debate and before being put to the vote, at least six members asked for a recorded vote under Council Procedure Rule 16.5. Each Councillor voted as follows:-
For the motion:-
Councillors Ayub, Pam Barton, Broadley, Munsif Dad, Dawson, Dwyer, Grayson, McCormack, Moss, O’Kane, Parkins, Parkinson, Clare Pritchard, Wells (14)
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Against the motion:-
Councillors Addison, Paul Barton, Britcliffe, Clarke, Allah Dad, Dobson, Marlene Haworth, Susan Haworth, Horne, Hurn, Pratt, Roberts, Storey, Walmsley, Whittaker and Wilson (16)
Abstentions
Councillor Malcolm Pritchard (1)
The motion was therefore defeated.
384 Motion: Big Society
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Parkinson and seconded at the meeting by Councillor Clare Pritchard:-
“This Council supports the concerns of the Bishop of Blackburn when he states “The Big Society cannot merely be used by government as a passport to abdication. Government cannot simply offload responsibilities for some of the most basic needs of society – housing, jobs and culture and hope private and voluntary sectors will adopt and fund casualties, otherwise the Big Society will remain just another advertising gimmick, detached from the realities of our communities” and will write to the Prime Minister to urge him to abandon his misguided and misleading “Big Society” project.”
After a debate and before being put to the vote, at least six members asked for a recorded vote under Council Procedure Rule 16.5. Each Councillor voted as follows:-
For the motion:-
Councillors Ayub, Pam Barton, Broadley, Munsif Dad, Dawson, Dwyer, Grayson, McCormack, Moss, O’Kane, Parkins, Parkinson, Clare Pritchard, Wells (14)
Against the motion:-
Councillors Addison, Paul Barton, Britcliffe, Clarke, Allah Dad, Dobson, Marlene Haworth, Susan Haworth, Horne, Hurn, Pratt, Roberts, Storey, Walmsley, Whittaker and Wilson (16)
Abstentions
Councillor Malcolm Pritchard (1)
The motion was therefore defeated.
385 Motion: Social Housing
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Smith, but as she was absent, was withdrawn at the meeting:-
“This Council is concerned about the impact that the proposed reduction in Housing Benefit and increases in rents to 80% of market value will have on the residents of this Borough living in social housing. It is also now proposed that there will be plans for a “flexible” tenancy” with a minimum fixed term of two years for new tenants, with six months notice to tenants, should they work hard to improve their circumstances. This policy takes no account of the impact on families of having to relocate including implications for schooling,
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finding local doctors and the unsettling of family life that this will create. This Council will write to the Prime Minister pointing out the negative effect of these policies on some of the most vulnerable in society and will urge him to rethink.”
386 Motion: North West Charter for Member Development
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Susan Haworth and seconded at the meeting by Councillor Marlene Haworth:-
“That this Council should be congratulated on retaining the North West Charter award for Member Training and furthering member skills to make Hyndburn Council the diverse, efficient and excellent Council it is.”
The motion was put to the vote and carried.
Resolved - That this Council should be congratulated on retaining the North West Charter award for Member Training and furthering member skills to make Hyndburn Council the diverse, efficient and excellent Council it is.
387 Motion: Recycling
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Clarke and seconded at the meeting by Councillor Roberts:-
“That this Council recognises the outstanding achievement of our Recycling Officers and crew at Willows Lane, receiving the 1 st prize in the Green Apple Awards for increase in Trade Waste recycling, presented at Westminster by the International Green Organisation.”
The motion was put to the vote and carried.
Resolved - That this Council recognises the outstanding achievement of our Recycling Officers and crew at Willows Lane, receiving the 1st prize in the Green Apple Awards for increase in Trade Waste recycling, presented at Westminster by the International Green Organisation.
388 Motion: Equality Framework
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Dobson and seconded at the meeting by Councillor Marlene Haworth:-
“That this Council should be congratulated on gaining the Achieving Authority status under the Equality Framework for Local Government, which is administered by the Local Government Improvement and Development Agency.”
The motion was put to the vote and carried.
Resolved - That this Council should be congratulated on gaining the Achieving Authority status under the Equality Framework for
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Local Government, which is administered by the Local Government Improvement and Development Agency.
389 Motion to continue the meeting beyond 10.00 p.m.
It was moved by Councillor Britcliffe and seconded by Councillor Parkinson that, under Council Procedure Rule A7, the meeting shall continue beyond 10.00 p.m.
On being put to the vote, at least six members asked for a recorded vote under Council Procedure Rule 16.5. Each Councillor voted as follows:-
For the motion:-
Councillors Addison, Paul Barton, Britcliffe, Clarke, Allah Dad, Dobson, Marlene Haworth, Susan Haworth, Horne, Hurn, Parkins, Pratt, Roberts, Storey, Walmsley, Whittaker and Wilson (17)
Against the motion:-
Councillors Ayub, Pam Barton, Broadley, Munsif Dad, Dawson, Dwyer, Grayson, McCormack, Moss, O’Kane, Parkinson, Clare Pritchard, Malcolm Pritchard, Wells (14)
Abstentions
None
Resolved - That the meeting shall continue beyond 10.00 p.m.
390 Motion: Pennine Lancashire Economic Partnership (LEP)
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Parkinson and seconded at the meeting by Councillor Clare Pritchard:-
“That Hyndburn Borough Council re-endorses its support for a Pennine Lancashire LEP following a review of competing and overlapping bids by the Minister; that Hyndburn Council supports Pennine Lancashire Business Forum and East Lancashire Chamber of Commerce in their ambitions for a Pennine Lancashire LEP; that Hyndburn Council suspends funding to a potential Lancashire-wide LEP; that under such circumstances Hyndburn Council should seek to work with Blackburn Council and their alternative position of working within Manchester LEP and that any such funding available for the administration of an LEP be considered; notes the efforts of Hyndburn’s M.P. in pursuing these objectives; welcomes the Minister’s comments that there is no Lancashire-wide bid, just a County Council footprint bid; welcomes the Minister’s view that no Lancashire-wide solution is possible without agreement.”
After a debate and before being put to the vote, at least six members asked for a recorded vote under Council Procedure Rule 16.5. Each Councillor voted as follows:-
For the motion:-
Councillors Ayub, Pam Barton, Broadley, Munsif Dad, Dawson, Dwyer, Grayson, McCormack, Moss, O’Kane, Parkins, Parkinson, Clare Pritchard, Malcolm Pritchard, Wells (15)
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Against the motion:-
Councillors Addison, Paul Barton, Britcliffe, Clarke, Allah Dad, Dobson, Marlene Haworth, Susan Haworth, Horne, Hurn, Pratt, Roberts, Storey, Walmsley, Whittaker and Wilson (16)
Abstentions
None
The motion was therefore defeated.
391 Motion: Accrington Cemetery
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Britcliffe, who asked for it to be withdrawn.
“That this Council welcomes the new road to the burial ground at Accrington cemetery, which will mean that funerals will be a great deal more dignified and the hearse will not have to reverse in order to access that area.”
392 Motion: Remembrance Sunday
The following motion had been submitted under Council Procedure Rule A9 (Motions on Notice) by Councillor Britcliffe, who asked for it to be withdrawn.-
“That this Council congratulates the Mayor’s Office on its organisation of Remembrance Sunday and thanks all the people of the Borough who turned out in such great numbers to ensure that the day was a success.”
393 Report of Decisions taken under Urgency Procedure
Council members received a report which advised of decisions taken under the Council’s Urgency Procedure, Council Procedure Rule A24, which allowed for decisions to be considered urgent to be taken by the Managing Director, after consultation with senior members. Due to the death of Councillor John Griffiths on 11 th September 2010, the Council meeting scheduled for 14 th September 2010 had been cancelled and a number of decisions due to be made at that meeting had therefore been taken in accordance with this procedure.
1. Changes to Membership of Committees
Decision:
That the following changes be approved:-
Audit Committee: Councillor Robinson to replace Councillor Mason. Regeneration and Housing Market Renewal Panel: Councillor Mason had resigned from the Panel; the vacancy will not be filled and the size of the Panel reduced from 6 to 5. Planning Committee: Councillor Addison to replace Councillor Susan Haworth; Councillor Addison appointed Chair. Resources Overview and Scrutiny Committee/Area Regeneration Sub-Committee:
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Councillor Susan Haworth to replace Councillor Addison on the main Committee and the Sub-Committee; Councillor Haworth to be Vice-Chair of the Sub- Committee.
2. Changes to the Council’s Executive Arrangements - Local Government and Public Involvement in Health Act 2007
Decision:
(1) That Council is minded to continue to operate the Leader and Cabinet Executive model subject to the new requirements imposed by the 2007 Act.
(2) That the Executive Director (Legal & Democratic Services) be authorised to carry out appropriate public consultation on future executive arrangements indicating the Council’s preferred model and setting out the alternative option provided for in the 2007 Act.
(3) That the results of the public consultation in be reported to the Leader’s Policy Development Board to enable proposals for the new form of executive arrangements to be produced prior to the deadline of 31 st December 2010.
(4) That the new form of executive arrangements be agreed at the Council meeting in December 2010, together with the necessary amendments to the Constitution, so as to enable the agreed form of new executive arrangements to be implemented with effect from 9 May 2011.
3. Hill Top Supplementary Planning Document (SPD)
Decision:
That the Hill Top SPD be approved as Council policy to guide any future development of the site.
4. Hyndburn Validation Checklist for Planning Applications
Decision:
That a revised validation checklist be approved and adopted for development control purposes, informing applicants and agents of the information required when submitting a planning application.
5. Review of Scheme of Delegation: Enforcement Action
Decision:
(1) That Council authorises the continuation of delegated powers to the Chief Planning and Transportation Officer in respect of the following activity (subject to a requirement to notify Planning Committee on each occasion of the enforcement action taken under delegated powers):-
• Service of Discontinuance Notices under the Advertisement Regulations for advertisements which seriously conflict with adopted policies, taking into account possible compensation liability • Secure removal of an advertisement displayed in contravention of Regulations or use of any site
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• Issue of enforcement notices for breach of planning control under the Town and Country Planning legislation • In relation to listed buildings: • Issue of listed building enforcement notices • Issue of repairs notices • Execution of urgent works • Issue of stop notices and temporary stop notices • Issue of breach of condition notices or planning contravention notices • Issue of completion notices • Take steps to secure compliance with an enforcement notice either through prosecution or by taking direct action under the Town & Country Planning Acts • Take action pursuant to the Anti-social Behaviour Act 2003 in connection with high hedges, including the service of remedial notices and action in default of remedial notices
(2) That the matter be reviewed as part of the overall review of the Scheme of Delegation to Officers, to take place prior to the Council’s annual meeting in May 2011.
Resolved - That the decisions be noted.
394 Changes to Membership of Committees 2010/11
Council was asked to approve changes to the membership of Committees, some of which were to take account of the election of a Councillor for the Baxenden Ward and the filling of vacancies.
Resolved - That the following appointments be approved and implemented:-
Planning Committee: Councillor Allah Dad to fill the vacancy Development Plan Working Group: Councillor Allah Dad to fill the vacancy Learning and Development Panel: Councillor Hurn to fill the vacancy Baxenden Area Management Council: Councillor Hurn to fill the vacancy Resources Overview and Scrutiny Committee: Councillor Dwyer to replace Councillor Wells Communities & Wellbeing Overview and Scrutiny Committee: Councillor Hurn to replace Councillor Susan Haworth
395 Changes to Council’s Executive Arrangements: Local Government and Public Involvement in Health Act 2007 – Outcome of Consultation
Consideration was given to a report which advised Members of the requirement to make changes to the Council’s executive arrangements pursuant to the Local Government and Public Involvement in Health Act 2007 and to consult with the public to ascertain which of two leadership models was preferred – a Leader and Cabinet model, or directly elected Mayor and Cabinet model.
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Under the Council’s urgency procedure (reported earlier in the meeting), the view had been taken that Council was minded to continue to operate the Leader and Cabinet Executive model, subject to the new requirements imposed by the 2007 Act. A public consultation exercise had been carried out, indicating the Council’s preferred model and setting out the alternative option provided for in the 2007 Act, the results of which were reported to this meeting. This had not resulted in a clear preference for either a Mayor or the new style Leader and Cabinet model. The Leader’s Policy Board had considered the outcome of the consultation on 23rd November 2010 and concluded that the new style Leader and Cabinet model should be recommended to Council.
Resolved (1) That the responses received as a result of the public consultation exercise be noted.
(2) That the recommendation of the Leader’s Board be supported and Council agrees to adopt the Leader and Cabinet Executive (England) Model, subject to the new requirements imposed by the Local Government and Public Involvement in Health Act 2007
(3) That approves the transitional arrangements set out in the report, providing for the Leader in office at the time of the local elections (5 th May 2011) to remain in place until the annual meeting, provided that person remains a Councillor; and
(4) That the draft proposals for changes to the Council’s Constitution be approved and the Executive Director (Legal & Administrative Services) be requested to produce the detailed amendments to the Council’s constitution necessary to give effect to the same for approval at the Council meeting in January 2011.
396 Budget Virements, 2010/11
Council was requested to approve changes to the 2010/11 budget, to ensure that it was able to respond flexibly to the need to deliver public sector savings over the coming months. The Council faced a period of substantial reductions in Government funding, commencing in April 2011 and it was likely that the Council would face reductions in its support from the Government of between 10 and 35% over the next 3 to 4 years. At this point in the process, it was not possible to determine the exact level of reduced funds or how this would translates into the steps that the Council would need to take to ensure it would continue to balance its budget each year.
Council was recommended to authorise the transfer of savings generated during this year to a new heading within the budget for 2010/11, to help meet the costs of reducing staff numbers and other associated costs reductions that will reduce long term future costs of the Council beyond 2010/11. Council approval was required, as under the Council’s Constitution, the Cabinet is limited to approving budget movements up to a maximum value of £25,000.
Resolved (1) That Council agrees to vire surpluses on the Council’s revenue account during 2010/11 to create a fund to be used to meet costs incurred by the Council in respect of statutory termination costs of employee contracts of employment and other costs incurred to assist in meeting the challenge of public spending reductions , provided such costs are incurred
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in accordance with legal requirements and Council policy and the amounts subject to virement to be determined by the Executive Director (Resources); and
(2) That responsibility for the fund referred to in (1) above be delegated to the Council’s Managing Director.
397 Report of Independent Remuneration Panel
Council considered a report of the Council’s Independent Remuneration Panel, which had recently met to consider the Members’ Allowances Scheme. The Panel’s recommendations had been considered by Leader’s Policy Development Board, which had recommended that they be adopted.
The recommendations were:-
1. The Members Allowances Scheme should be amended to permit carer’s allowance to be claimed in respect of a dependent child up until his or her 17 th birthday
2. That the Members Allowances Scheme should be amended so that the Retail Prices (All Items) Index (average increase in preceding 12 months) is used to calculate all increases to members allowances, rather than just those relating to travel and subsistence and carers allowance as at present.
3. That, where the cost of first class rail travel can properly be claimed under the allowances scheme and complimentary food is provided as part of the price of the ticket, the Members Allowances Scheme should be amended to confirm that Members are precluded from also claiming a meal allowance in respect of the meal provided.
It was moved by Councillor Britcliffe and seconded by Councillor Roberts,
“That the changes to the Members’ Allowances Scheme proposed by the Independent Remuneration Panel be approved, to take effect from 1 st April 2011.”
An amendment was moved by Councillor Clare Pritchard and seconded by Councillor Parkinson ,
“That in respect of carer’s allowance [Paragraph 4 of the scheme], a carer’s allowance will be paid in respect of costs necessarily incurred by Councillors in arranging care for a child or children up to and including his or her 17 th birthday; and
Those additional conditions of entitlement to carer’s allowance shall be that
• receipts are produced; and
• The payment in regard to the childcare element of the allowance is for a registered child-minder, nursery or nanny or has been suitably CRB cleared.”
After a debate and before being put to the vote, at least six members asked for a recorded vote on the amendment under Council Procedure Rule 16.5. Each Councillor voted as follows:-
For the amendment:-
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Councillors Ayub, Pam Barton, Broadley, Munsif Dad, Dawson, Dwyer, Grayson, McCormack, Moss, O’Kane, Parkinson, Clare Pritchard, Wells (13)
Against the amendment:-
Councillors Britcliffe, Clarke, Allah Dad, Dobson, Marlene Haworth, Susan Haworth, Horne, Hurn, Pratt, Roberts, Storey, Walmsley, Whittaker and Wilson (14)
Abstentions
Councillor Malcolm Pritchard (1)
The amendment was therefore defeated.
A second amendment was moved by Councillor Clare Pritchard and seconded by Councillor Parkinson , to take out reference in the first amendment of a requirement for a carer to be CRB cleared.
After a debate and before being put to the vote, at least six members asked for a recorded vote on the amendment under Council Procedure Rule 16.5. Each Councillor voted as follows:-
For the amendment:-
Councillors Ayub, Pam Barton, Broadley, Munsif Dad, Dawson, Dwyer, Grayson, McCormack, Moss, O’Kane, Parkinson, Clare Pritchard, Wells (13)
Against the amendment:-
Councillors Britcliffe, Clarke, Allah Dad, Dobson, Marlene Haworth, Susan Haworth, Horne, Hurn, Pratt, Roberts, Storey, Walmsley, Whittaker and Wilson (14)
Abstentions
Councillor Malcolm Pritchard (1)
The second amendment was therefore defeated.
The substantive motion was put to the vote and carried.
Resolved - That the changes to the Members’ Allowances Scheme proposed by the Independent Remuneration Panel, be approved, to take effect from 1 st April 2011, i.e.
1. The Members Allowances Scheme should be amended to permit carer’s allowance to be claimed in respect of a dependent child up until his or her 17 th birthday
2. That the Members Allowances Scheme should be amended so that the Retail Prices (All Items) Index (average increase in preceding 12 months) is used to calculate all increases to members allowances, rather than just those relating to travel and subsistence and carers allowance as at present.
3. That, where the cost of first class rail travel can properly be claimed under the allowances scheme and complimentary
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food is provided as part of the price of the ticket, the Members Allowances Scheme should be amended to confirm that Members are precluded from also claiming a meal allowance in respect of the meal provided.
398 Interim Car Parking and Access Standards
Consideration was given to a report which proposed the adoption of car parking and Access Standards for Hyndburn in respect of planning matters.
The North West Regional Spatial Strategy previously formed part of the development plan for Hyndburn and included car parking standards. This had now been revoked and Government did not intend to adopt the car parking standards. As a consequence, interim car parking and access standards had been devised and consulted upon and were now before Council for approval.
Resolved - That in advance of the preparation of the Development Management Development Plan Document, the interim car parking and access standards be adopted, for the purposes of making development control decisions in Hyndburn.
399 Licensing Act 2003 – Revised Licensing Policy 2011 – 2014
Council was asked to approve a revised Licensing Policy in accordance with Section 5 of the Licensing Act 2003, requiring the Licensing Authority to prepare and publish a Licensing Policy every three years. The policy had been kept under review since coming into force on 8 th January 2008 and no revision had been deemed necessary since then. There was a requirement to revise the policy during 2010 in order for it to take effect from 7th January 2011 (when the new three year cycle would commence). A public consultation had taken place between 9 th August and 1 st November 2010 and all responses to the public consultation had been considered and, where appropriate, included in the revised version.
Cabinet on 30 th November 2010 had supported the policy and referred it to full Council for final approval.
Resolved - That the revised Licensing Policy 2011 to 2014 be approved.
Signed: ……………………………………………….
Date: ……………………………………………………….
Chair of the meeting at which the minutes were confirmed.
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