Agenda Cabinet

Date Wednesday, 18 September 2013 at 7:00 pm

Venue Reception Room, Town Hall

LEADER: COUNCILLOR DAVID EAVES

Membership: Councillor Portfolio

Karen Buckley Finance and Resources Susan Fazackerley Leisure and Culture Dr Trevor Fiddler Planning and Development Cheryl Little Social Wellbeing Albert Pounder Customer & Operational Services Thomas Threlfall Environment & Partnerships

Public Platform To hear representations from members of the public in accordance with Cabinet procedure rules

Procedural Items Pages

1 Declarations of Interest: Any member needing advice on Declarations of 1 Interest should contact the Monitoring Officer before the meeting.

2 Confirmation of Minutes: To confirm the minutes of the previous meetings 1 held on 26 June and 2 July 2013 as correct record attached at the end of the agenda.

Urgent Items

3 Urgent Items (The Chairman will be asked to indicate whether or not he 1 accepts that any additional item should be considered by the Cabinet as a matter of urgency, in accordance with section 100 of the Local Government Act 1972 (as amended).

1 Items for Decision

4 Policy Development Scrutiny Committee – Recommendations 4 - 11

5 Community Focus Scrutiny Committee – Recommendations 12 - 19

6 Revenues and Benefits Service 20 - 24

7 Boxes 2 Bins – Evaluation and Outcomes 25 - 38

Duty to Co-operate: Memorandum of Understanding between Blackpool 8 Council, Fylde Borough Council, Wyre Borough Council and Lancashire County 39 - 59 Council

9 Timetable for Developing Budget Proposals 2014/15 60 - 63

10 Scrap Metal Dealers Act 2013 64 - 69

11 Part Roof Replacement St Anne’s Swimming Pool 70 - 76

12 Fylde Water Management Partnership 77 - 80

13 Business Rates – Write-Off of Uncollectable Debts 81 - 88

Contact: Lyndsey Lacey - Telephone: (01253) 658504 - Email: [email protected]

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REPORT REPORT OF MEETING DATE ITEM NO

RESOURCES DIRECTORATE - FOR THE CHAIRMAN OF THE 18 SEPTEMBER CABINET 4 POLICY DEVELOPMENT SCRUTINY 2013 COMMITTEE

POLICY DEVELOPMENT SCRUTINY COMMITTEE RECOMMENDATIONS

PUBLIC ITEM This item is for consideration in the public part of the meeting.

SUMMARY

Since Cabinet last met, the Policy Development Scrutiny Committee has made recommendations which Cabinet may wish to note. The minutes of the meeting held on 11 July 2013 are attached.

RECOMMENDATION

To consider the minutes and recommendations arising from the Policy Development Scrutiny Committee meeting which met on 11 July 2013.

CABINET PORTFOLIO

The items fall within the following Cabinet portfolio(s):

Leader of the Council – Councillor David Eaves

Social Wellbeing – Councillor Cheryl Little

Finance and Resources – Councillor Karen Buckley

SUMMARY OF PREVIOUS DECISIONS The recommendations of the Scrutiny Committee are regularly reported to Cabinet.

4 REPORT To consider endorsing the recommendations of the latest Policy Development Scrutiny Committee meeting as detailed below: POLICY ON DISCHARGING THE HOMELESSNESS DUTY INTO THE PRIVATE SECTOR

1. To approve the draft policy for consultation, to achieve the proposed outcomes in appendix of the report, and to recommend that it is built into the consultation process on the Fylde BC Homelessness Strategy 2013-18, for approval by Cabinet. The consultation results be noted. The CORPORATE PLAN 2013-16

1. Having considered the proposed Corporate Plan for 2013-16, to recommend it for approval by Full Council. 2. That the approved Corporate Plan is reviewed on an annual basis with the key short term actions updated through the Service Planning Process.

The Committee also considered reports on the Year End Performance Report 2012/13 and the Medium Term Financial Strategy (MTFS) Outturn Position 2012/13 which were both noted.

IMPLICATIONS

Finance None arising directly from this report

Legal None arising directly from this report

Community Safety None arising directly from this report

Human Rights and Equalities None arising directly from this report

Sustainability and Environmental None arising directly from this report Impact

Health & Safety and Risk None arising directly from this report Management

Report Author Tel Date Doc ID

Annie Womack (01253) 658423 4 September 13 PDSC Recs

List of Background Papers

Name of document Date Where available for inspection

Minutes of Policy Development 23 May 2013 www.fylde.gov.uk Scrutiny Committee

5 Attached documents 1. Policy Development Scrutiny Committee Minutes

6 Policy Development Scrutiny Committee

Date: 11 July 2013

Venue: Town Hall, St Annes

Committee members: Councillor Fabian Craig-Wilson (Chairman) Councillor Len Davies (Vice-Chairman) Councillors Frank Andrews, Tim Armit, Susan Ashton, David Chedd, Susanne Cunningham, John Davies, David Donaldson, Charlie Duffy, Howard Henshaw, Richard Redcliffe, Vivienne M Willder

Other Councillors: Councillor Karen Buckley

Officers: Allan Oldfield, Tracy Morrison, Clare Platt, Paul O’Donoghue, Paul Rossington, David Gillett, Kirstine Riding, Alex Scrivens, Lance Postings, Annie Womack

Other Attendees: None

Public Platform There were no requests to speak.

1. Declarations of interest Members were reminded that any disclosable pecuniary interests should be declared as required by the Localism Act 2011 and that any other interests should be declared as required by the Council’s Code of Conduct. Councillor Vivienne M Willder declared a personal interest in Item 4, as a member of the Board of New Fylde Housing.

2. Confirmation of minutes RESOLVED: To approve the minutes of the Policy Development Scrutiny Committee meetings held on 23 May 2013 as a correct record for signature by the chairman.

3. Substitute members The following substitutions were reported under Council procedure rule 24.3: Councillor Howard Henshaw for Councillor Karen Henshaw Councillor Vivienne M Willder for Councillor Simon Cox

7 Councillor Susanne Cunningham for Councillor Ben Aitken Councillor Tim Armit for Councillor Ed Nash

4. Policy on Discharging the Homelessness Duty into the Private Sector David Gillett, Head of Environmental Health and Housing, introduced the report which provided information on a change in the homeless legislation, which allows local authorities to discharge a duty to a homeless household by securing accommodation for them in the private rented sector. Prior to this legislation, an applicant had been able to decline such an offer and to insist on being placed in a social rented home. The draft policy would go out to consultation once it had been reviewed by this scrutiny committee Mr Gillett told members that although it was not compulsory for the Council to adopt such a policy, it would present an opportunity to strengthen current working arrangements with YMCA Face 2 Face, and would reduce pressure on the affordable housing market as provided by local Housing Associations for which the demand outstrips supply. Kirstine Riding, Senior Housing Officer, took members through the background to the report and explained that potentially there were 4 ways of discharging the duty, and the draft policy which would be going to consultation recommended using the power in a targeted approach. She outlined the protections available to applicants should they be given notice to leave by a private landlord, and also reminded members of the Rent Bond guarantee scheme operated by YMCA Face 2 Face which is designed to ensure that affordable good quality accommodation is offered within the private sector and that those properties are suitable managed. Face 2 Face is currently increasing the number of private landlords they work with through DCLG funding. Each property to be used under this policy will need to be subject to inspection by the Housing Team. It was pointed out by members that the minimum 12 month tenancy agreement required by the legislation may well be a disincentive to some private landlords. Mr Gillett agreed but said that many private landlords were happy to work with Face 2 Face and the Rent Bond scheme. In response to other questions he also said that this scheme assisted them in planning ahead for any increase in homelessness. There was no register of private landlords as such, but only those working with Face 2 Face would be considered when looking for private accommodation for homeless persons. He acknowledged the comment that private rents were usually higher than Housing Association rents and sid that there was a need to ensure that the rents charged were affordable so as to ensure that Housing Benefit, where it was in payment, would cover the rent. Members RESOLVED: 1 to approve the draft policy for consultation, to achieve the proposed outcomes in Appendix 1 of the report, and to recommend that it is built into the consultation process on the Fylde BC Homelessness Strategy 2013-18, for approval by Cabinet.

5. Year End Performance Report 2012 / 13 This report provided detail of performance by service area, both below and above the agreed target, for the financial year 2012/13, and was presented by Alex Scrivens (Corporate Performance and Efficiency Officer).

8 Mr Scrivens briefly explained that the report was set out so that the text items highlighted specific areas of under- and over-performance for the year for members’ consideration, with a concise narrative on each item. The second half of the report consisted of a table of all of the performance indicators and targets with actual results for year-to-date and performance status icons against each of the Local KPIs. He told members that this report included the results of the residents’ survey and that there had been a higher return rate and better results than in the previous survey.

It was noted by members that the determination of all types of planning applications was still falling below target; Allan Oldfield, the Chief Executive, advised members that the problem was not a question of resource, that an Action Plan to address the issues was now in place, and that progress against the plan would be regularly reported. It was also noted by members that quality of outcome of planning applications was very important and should be balanced against the target timeframes for determining them.

It was felt that PM39 (Net additional homes provided) could perhaps be dropped as it was no longer a compulsory measure, and served no useful purpose. Mr Oldfield explained that a previous scrutiny committee meeting had requested that this measure be retained. He suggested that a report would come to committee later in the year which would highlight the current suite of PMs being recorded, and would present members with an opportunity to propose which measures they might like to consider dropping, and also to nominate others which they might like to include going forward.

A query was raised about the usefulness of PM18 (Number of reported domestic abuse instances) and it was proposed that a more useful indicator would be how many convictions were obtained. Mr Oldfield explained that PM 18 would need to be retained as it is a measure of the Lancashire- wide initiative to combat domestic abuse; however he would try to obtain information from police about the number of convictions and provide it for the committee.

Overall, members commended the report and Fylde’s overall good performance. It was also noted that clear actions were in place to rectify the situation where performance was not currently up to the required standard.

Following consideration, it was RESOLVED

1. To note the report.

6. Medium Term Financial Strategy (MTFS) Outturn Position for 2012/13

Mr O’Donoghue, Chief Financial Officer, presented this report which sets out the expected General Fund Revenue, Capital and Treasury Management outturn position for 2012/13. He advised members that work was still ongoing and some minor variations may be identified, and if so they would be reported in later MTFS updates. The report highlighted variances between budget estimates and actual expenditure, and the impact on council’s reserves. Mr O’Donoghue brought to members’ attention the underlying position of the General Fund Revenue Budget, the net underspend after slippage items and transfers to reserves had been accounted for, and the updated General Fund Revenue Balances position. He reminded members

9 that the close control of expenditure by Management Team and other officers with budget holding responsibilities had been a contributing factor in delivering the favourable underspend position. The report also set out Capital Expenditure for the year. This too showed an underlying favourable variance, after adjustments for slippage. Details of the council’s capital financing showed that the spend for 2012/13 would be financed from a combination of grants and contributions, capital receipts, borrowing and revenue contributions. Mr O’Donoghue confirmed that although some expenditure would be financed from borrowing, there had been no additional borrowing taken out during2012/13 due to the level of cash balances currently held by the Council. Treasury Management showed that the council’s existing debt remained at £3.8m with an average rate of interest of 2.75%. His overall conclusion was that there was an improvement in the council’s General Fund Revenue forecast balances compared with previous budget forecasts, and that the underspend should be seen as a helpful windfall to set against future financial challenges faced by the council. Mr O’Donoghue provided further explanation when required by members on several issues, for example those relating to interest rates obtained by the council for different periods of investment of the council’s assets, and the repayment terms on the £3.8m of borrowing. The first repayment of £1.5m due in December 2014 would come from the council’s cash balances. It was not feasible to repay the loan early as there are financial penalties for early repayment which would outweigh any advantage. He was also asked whether an increase in house building would result in more income or more cost for the council, and replied that was difficult to quantify although an estimate would be included in the forecast, and certainly there would be an element of both for the council. Following the debate, the committee thanked Mr O’Donoghue and RESOLVED: 1. To note the report.

7. The Corporate Plan 2013-16 This report was introduced by Mr Oldfield and he explained that the Corporate Plan was a high level strategic document forming part of the Performance Management Framework in Fylde and was reviewed every year. The Actions (short term) were reviewed on an annual basis, and the Targets (medium term) and the Outcomes (long term) were reviewed every 3 years. This was one of the tri-annual reviews where each section had been looked at. The plan is developed primarily from directorate service plans, but also utilises local, regional, and national data, information and consultation from stakeholders and partners; emerging legislation and changes to resource and responsibilities are also taken into consideration. He told members that progress against the actions would be monitored through progress reports which would be presented to the scrutiny committee. Mr Oldfield was asked how those Actions were measured and he told members that they were included in directorate service plans in a table which highlights which officer is responsible for delivering the Action and how it is measured. They are published on the website. After discussion it was RESOLVED: 1. Having considered the proposed Corporate Plan for 2013-16, to recommend it for approval by Full Council.

10 2. That the approved Corporate Plan is reviewed on an annual basis with the key short term actions updated through the Service Planning Process.

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REPORT REPORT OF MEETING DATE ITEM NO

RESOURCES DIRECTORATE 18 SEPTEMBER CABINET 5 ON BEHALF OF THE CHAIRMAN OF 2013 COMMITTEE

COMMUNITY FOCUS SCRUTINY COMMITTEE RECOMENDATIONS

PUBLIC ITEM This item is for consideration in the public part of the meeting.

SUMMARY

The Community Focus Scrutiny Committee met on 25 July 2013 and there were various recommendations made by the committee that Cabinet may wish to consider. The minutes of the meeting are attached.

RECOMMENDATION

To consider the recommendations of the Community Focus Scrutiny Committee held on 25 July 2013.

CABINET PORTFOLIO(S)

The item falls within the following Cabinet portfolios:

Planning and Development: Councillor Dr Trevor Fiddler

Leisure and Culture: Councillor Susan Fazackerley

SUMMARY OF PREVIOUS DECISIONS

The recommendations of the scrutiny committee are regularly reported to Cabinet.

REPORT

To consider endorsing the recommendations of the Community Focus Scrutiny Committee meeting of 25 July 2013 as follows:

PLANNING IMPROVEMENT PLAN

1. To note the progress of the 12 action plans detailed in the report.

2. To agree to monitoring reports being presented to scrutiny every four months

3. To seek council representation on the Task and Finish Group appointed by Lancashire County Council set up to look at the planning consultation process between county, borough and statutory bodies.

4. To expand Action Plan 2(12) to incorporate of key utility/organisations.

5. To add to Action Plan 2 an additional training session on the Local Plan and the wider planning process at which all members of the council are invited.

6. To delete the word “Kirkham” and replace with “Lytham” (Action Plan 12 (2) refers).

Cabinet may also be interested to note that the Committee also considered two Annual Reports relating to Fylde Citizens Advice Bureau and Lowther Gardens Trust. The Committee also appointed a Task and Finish Group comprising councillors Christine Akeroyd, Tim Armit, Julie Brickles, Fabian Craig-Wilson and Kath Harper to undertake the proposed art service review with a view to reporting back to committee at appropriate intervals.

IMPLICATIONS

Finance None arising directly from this report

Legal None arising directly from this report

Community Safety None arising directly from this report

Human Rights and Equalities None arising directly from this report

Sustainability and Environmental Impact None arising directly from this report

Health & Safety and Risk Management None arising directly from this report

13 Report Author Tel Date Doc ID

Lyndsey Lacey (01253) 658504 August 2013 CFSC FILE (WEBSITE)

List of Background Papers

Name of document Date Where available for inspection

Previous reports/minutes All dates on Council website CFSC website

Attached documents Minutes of the Community Focus Scrutiny Committee – 25 July 2013

14 Community Focus Scrutiny Committee

Date: Thursday, 25 July 2013

Venue: Town Hall, St Annes

Committee members: Councillor Christine Akeroyd (Chairman) Councillors Tim Armit, Julie Brickles, Fabian Craig-Wilson, Susanne Cunningham, Gail Goodman JP, Peter Hardy, Kathleen Harper, Paul Hodgson, Barbara Nash, Elizabeth Oades, Dawn Prestwich, John Singleton JP, Vivienne M Willder

Councillor Susan Fazackerley (Portfolio Holder for Leisure and Culture) Councillor Dr Trevor Fiddler (Portfolio Holder for Planning and Other Councillors: Development) Councillor Charlie Duffy

Allan Oldfield, Tracy Morrison, Clare Platt, Paul Walker, Mark Evans, Officers: Darren Bell, Lyndsey Lacey

Mrs Kim Cook (Fylde Citizens Advice Bureau) Ms Louise Pope (Fylde Citizens Advice Bureau) Mr Tim Lince (Acting Chair of Lowther Gardens Trust) Other Attendees: Mr Mark Alexander (Theatre Manager, Lowther Pavilion)

About 12 other members of the public were present at the meeting

Chairman In the absence of Councillor Mulholland, Councillor Christine Akeroyd acted as Chairman for the purposes of the meeting. Public Platform Prior to consideration of item 7 relating to the Planning Improvement Plan, Mr Fred Moor (resident of St Annes) had requested to speak under the public platform arrangements. The Chairman invited Mr Moor to the table to address the committee. 1. Declarations of interest Members were reminded that any disclosable pecuniary interests should be declared as required by the Localism Act 2011 and that any personal or prejudicial interests should be declared as required by the Council’s Code of Conduct. There were no declarations of interest.

15 2. Confirmation of minutes RESOLVED: To approve the minutes of the Community Focus Scrutiny Committee meeting held on 13 June 2013 as a correct record for signature by the Chairman.

3. Substitute members The following substitutions were reported under Council procedure rule 25: Councillor Fabian Craig-Wilson for Councillor Nigel Goodrich Councillor Elizabeth Oades for the Mayor, Councillor Linda Nulty 4. Fylde Citizens Advice Bureau – Monitoring Report Mrs Kim Cook (Manager) and Ms Louise Pope (Deputy Manager) of the Fylde Citizens Advice Bureau (CAB) attended the meeting to present the Fylde CAB Annual Report summarising its performance and service across the year. A copy of the full report was circulated with the agenda. Kim Cook introduced the report by making reference to the Service Level Agreement that the Council has in place with CAB. In doing so, she provided the committee with an overview of key points arising from her report with particular reference to the various performance measures both quantitative and qualitative that the Council has in place with Fylde Citizens Advice Bureau. In brief, the full report provided details of the advice service provided and staffing arrangements in place. In addition, it provided an update on partnership working and funding opportunities since the last report to committee and the various funding restraints. It also provided statistical information (required by the Service Level Agreement) including: client/enquiry numbers in 2012/13, classification of types of enquiries made by clients, the percentage of Fylde residents using the CAB service including a breakdown of ward usage and statistics identified as of particular interest to FBC. The report concluded with details of its future proposals to meet the demands of the service. Mrs Cook then went to further highlight a number of areas including: the successful winter project schemes which were run in conjunction with other key agencies/partners. In addition, she referred to the successful bid for the Transition Fund (designed to assist the development of infrastructure organisations) and Tenancy Support Project which was going well. Councillor Oades complimented Mrs Cook on the work of CAB. In doing so, she stated that the body provides and wonderful service to the local community and makes good use of the grant provided by the Council. This was endorsed by Councillor Peter Hardy. Following consideration of this matter it was RESOLVED: 1. To note the report and to thank Mrs Cook and Ms Pope for the presentation and their attendance at the meeting. 2. To pass on the Committee’s thanks and appreciation to the staff and volunteers for the good work undertaken during the year. 5. Annual Report – Lowther Gardens Trust Darren Bell (Cultural Services Manager) was invited to introduce the Annual Report. In doing so, members were reminded that the Council currently has a five year Service Level Agreement with the operating company of Lowther Gardens Trust, Lowther Gardens (Lytham) Management Ltd, to provide services at Lowther Pavilion. It was reported that as part of this agreement, the Trust provide a report to one of the Council’s overview & scrutiny committees at the conclusion of the

16 financial year, summarising performance over the previous year. A copy of the report was circulated with the agenda. Mr Tim Lince (Acting Chair of Lowther Gardens Trust) and Mark Alexander (Theatre Manager Lowther Pavilion) attended the committee to present the key points arising from the report. By way of introduction, Mr Lince made reference to the work undertaken by the Friends of Lowther Group. He then went on to refer to community use of the building and the various projects and programmes put in place to develop Lowther over the last 12 months including: the work undertaken with various local schools/ dance schools and key artists/acts to provide a diverse and balanced programme of performing arts and entertainment. Councillor Hardy commented that he would like to see more local amateur productions using the theatre. In response, Mr Lince stated that the community use of the building had gone up from 121 to 169 performances thus suggesting improved community usage. Councillor Brickles asked for further clarification on the use of the council grant and expenditure proposed over the forthcoming months. This was addressed by Mr Alexander. Councillor Oades enquired about use of the free use of the building for 10 council meetings per year and the AGM. In addition, she sought clarification on the recharging arrangements for staff time. An undertaken was given to Councillor Oades that appropriate officers would confirm the position to her in writing. Councillor Craig-Wilson asked about improvements being made to the building with particular reference to the sound system and seating arrangements. These questions were addressed in turn by Mr Alexander. Following detailed consideration of this matter it was RESOLVED: 1. To note the report. 2. To thank Mr Lince and Mr Alexander for the report and their attendance at the meeting.

6. Art Collection Review Clare Platt (Director of Community Services) was invited to introduce the report on a proposed review of the Art Collection. In summary, the report provided an overview of the background to the Council’s art service collection, activity over the years and the work of the existing Arts Working Group. Ms Platt stated that in the absence of a defined strategy for the management and development of the collection, it would be prudent to undertake a review process with elected member input. She went on to say that such input would provide valuable direction in developing a strategy/policy framework that would deliver best value from the art collection. Following consideration of this matter it was RESOLVED to appoint a Task and Finish Group comprising councillors Christine Akeroyd, Tim Armit, Julie Brickles, Fabian Craig-Wilson and Kath Harper to undertake the proposed art service review with a view to reporting back to committee at appropriate intervals.

17 7. Planning Improvement Plan Further to reports presented to the 4 April 2013 meeting and subsequent Cabinet, Paul Walker (Director of Development Services) and Mark Evans (Head and Planning and Regeneration presented an updated report on the Planning Improvement Plan. In summary, the report addressed the recommendations made as a result of the recent planning peer review and sought agreement to the action planning work which followed. Members were asked to further comment on the proposed action plans for each of the 12 recommendations which had been updated since the last meeting. The Chairman invited members to consider and comment upon the individual action plans in turn. Various members of the committee commented upon and sought clarification on a number of areas and these were addressed by Mr Walker and Mr Evans. Following detailed consideration of this matter it was RESOLVED: 1. To note the progress of the 12 action plans detailed in the report. 2. To agree to monitoring reports being presented to scrutiny every four months 3. To seek council representation on the Task and Finish Group appointed by Lancashire County Council set up to look at the planning consultation process between county, borough and statutory bodies. 4. To expand Action Plan 2(12) to incorporate of key utility/organisations. 5. To add to Action Plan 2 an additional training session on the Local Plan and the wider planning process at which all members of the council are invited. 6. To delete the word “Kirkham” and replace with “Lytham” (Action Plan 12 (2) refers). (Councillor Elizabeth Oades and Peter Hardy wished their names to be recorded as having voted against the above decision)

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REPORT REPORT OF MEETING DATE ITEM NO

POLICY DEVELOPMENT SCRUTINY 5 AND 18 DIRECTOR OF RESOURCES 6 COMMITTEE AND CABINET SEPTEMBER

REVENUES AND BENEFITS SERVICE

Public Item This item will be considered during the public part of the meeting.

Summary

Fylde Borough Council’s revenues and benefits service is administered by Blackpool Council under a shared service agreement. The original arrangement was entered into for a five year period running to the end of September 2013. This report gives details of this arrangement and recommends its continuation.

Recommendation For Fylde Borough Council’s Executive to make arrangements with Blackpool Council for it to continue to discharge revenues and benefits functions on its behalf pursuant to Regulation 5 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012

Cabinet Portfolio The item falls within the following Cabinet portfolio: Portfolio Title: Finance and Resources Councillor Karen Buckley

Summary of previous decisions

Report

1. The Revenues and Benefits Service

20 In 2008, the Council entered into a shared services agreement with respect to the provision of a revenues and benefits service. The agreement was for an initial period of five years and runs to the end of September. Under the agreement, Blackpool provides the revenues and benefits service for both councils.

The revenues and benefits staff of both councils were combined into one team, sharing expertise and investment. The operation is based upon simplified, streamlined, standardised and automated processes that enable consistent, high quality service delivery. This has also resulted in this Council reducing its costs over time, with recurring savings of £125k per annum generated at the point the shared service was formed. The service is managed by Marie McRoberts, Head of Revenues and Benefits Shared Service.

The service delivers:

• Billing, collection and recovery of Council Tax, including the localised support for Council Tax scheme • Billing, collection and recovery of Business Rates • Housing Benefit administration, assessment and payment • Billing, collection and recovery of benefit overpayments • Handling of all correspondence and complaints in line with Fylde and Blackpool Councils’ agreed corporate procedures • Data Protection and Freedom of Information issues • Performance management and monitoring, including providing regular reconciliation reports as agreed between the parties • Compilation of all Government returns relating to the service. • Scanning and indexing of all documents sent to the service (Fylde BC only) • Service specific reconciliations, system controls and system administration • Interpretation and development of policy in relation to any policy changes affecting the service • Briefing for both elected members and senior officers at both councils including attendance at Management Team, Council, Cabinet and Scrutiny meetings as and when required • The provision of relevant training such as Members’ Learning Hours in addition to staff training • Assessment of Free School Meals, Clothing Allowances and Student Awards (Blackpool Council only) • Financial Assessments for Social Care (Blackpool Council only)

Work specifically excluded in relation to the shared service includes the provision of customer contact centres at both Councils together with corporate debt recovery and benefit fraud activity. Benefit Fraud is administered on behalf of Fylde Council by Preston City Council and the shared service liaises with respect to these matters as necessary and in a timely manner.

2. Legal/Procurement position

The value of the revenues and benefits work provided by Blackpool Council to Fylde Council is greater than the threshold value for services set out in the Public Contracts Regulations 2006. This would normally mean that a contract for the work would need to be tendered in accordance with the regulations. However, this does not apply where services are carried out by one local authority on behalf of another pursuant to a genuine administrative arrangement – as opposed to a contract – between the two authorities.

The arrangements that exist between Fylde and Blackpool fall within that description. Fylde has arranged (and, if the recommendation of this report is accepted, will continue to arrange) for Blackpool to discharge the functions set out in this report. That arrangement, made by the Cabinet under regulation 5 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 is a genuine administrative arrangement and is therefore not treated as a contract for the purposes of the procurement legislation.

21 3. Financial position –

The approved base budget for 2013/14 for Fylde’s element of the shared service arrangement currently stands at £976k per annum. This budget is split on the following basis: 40% for Council Tax Collection costs at £390k, 20% for Business Rates Administration at £196k, and 40% for Housing Benefit Administration at £390k. The Council receives two sources of income as contributions towards these costs: a “Cost of Collection Allowance” from the Government for Business Rates Administration, which is budgeted at £112k for 2013/14, and a “Housing Benefit Admin Grant” towards the cost of Housing Benefit Administration, which is budgeted at £426k for 2013/14.

In addition to these direct costs and income streams, the Council also recharges the costs of support services and service management costs to these activities, including for example the cost of one-stop shop staff time spent on dealing with housing benefit claims and the cost of finance administration in processing Council Tax and Business Rate income and the issuing of payments for Housing Benefit.

For completeness, the approved base budget position for 2013/14 can therefore be summarised as follows:

Council Tax Business Rates Housing Benefit Total Collection Administration Administration £000 £000 £000 £000 Cost of Shared service – payable to 390 196 390 976 Blackpool Council Internal support and service management 197 45 214 456 costs Total Gross Cost 587 241 604 1,432 Less - Cost of Collection Allowance 0 (112) 0 (112) Less - Housing Benefit Admin Grant 0 0 (426) (426) Less – Recovery of court costs (160) (13) 0 (173) Net Cost 427 116 178 721

This report deals only with the direct costs of these services, namely the £976k shown in the first line in the above table.

4. Welfare reforms and the future

There have recently been a number of welfare benefit reforms which have impacted on the shared services and its customers. Some of these are summarised below.

Benefits Cap

From April 2013, a maximum amount of certain benefits that a household – an individual, their partner and any children who live with them that they are responsible for - are entitled to

Local council tax support scheme

From April 2013, the government replaced the national council tax benefit scheme with local council tax support schemes. Financial support provided to local councils to administer the scheme was reduced by 10 per cent with councils either being asked to top up support for certain groups or pass reductions on to recipients.

Under-occupancy – social housing

22 From April 2013, anyone living in social rented housing and anyone considered to have more bedrooms within their property than was necessary were considered to be under occupying their property.

Universal credit

To simplify the benefits system, the government has announced that they will be creating universal credit to replace most existing welfare benefits and tax credits for people of working age. It is anticipated that housing benefit administration will transfer to the Department of Work and Pensions within the next couple of years. Although council tax administration and support will remain with local authorities, the eventual introduction of Universal Credit will have a fundamental impact of the work of the shared service.

The future

Given the period of great change in the administration of welfare benefits both now and in the future, combined with the good working relationship with Blackpool Council regarding the delivery of the revenues and benefits service, it is not advisable to consider alternative service options at this time (which could range from bringing the service back in house, tendering the service or entering into discussions with other service providers who may wish to also consider a shared service model). This would be extremely disruptive at a period of great change especially considering the good working relationship with Blackpool Council and the high service standard in delivering the service. However, the eventual transfer of housing benefits administration to the DWP will obviously have a great impact of the delivery of the service and there are still many uncertainties regarding this matter. For these reasons it is recommended that the shared service arrangement be extended for two years with an option to extend for a further year. During this period, the position with respect to the welfare reform agenda and its impacts will become clearer.

IMPLICATIONS

Finance Financial implications are contained in the body of the report.

Legal Addressed in the body of the report

Community Safety No direct impact

Human Rights and Equalities No direct impact

Sustainability and Environmental No direct impact Impact

Health & Safety and Risk No direct impact Management

Report Author Tel Date Doc ID

Tracy Morrison (01253) 658521 5 August 2013

List of Background Papers

23 Name of document Date Where available for inspection

Document name Council office or website address

24 REPORT

REPORT OF MEETING DATE ITEM NO

COMMUNITY CABINET 18 SEPTEMBER 2013 7 SERVICES

BOXES 2 BINS – EVALUATION AND OUTCOMES

PUBLIC ITEM This item is for consideration in the public part of the meeting. SUMMARY The Boxes 2 Bins container exchange program provided residents of the borough with 2 x 180L wheeled bins (blue – glass, cans, plastic bottles and brown – paper and cardboard) as a replacement for the green box and white/blue sack scheme that had been in place across the borough since 2004. Although the original scheme was initially well received by residents, support began to dwindle and the recycling rate was stagnant around 42%. It became apparent that modernisation of the service was required in order to meet customer demands and achieve challenging national recycling targets.

This prompted the Waste Services team to carry out a detailed analysis of the operational costs and procurement implications associated with modernising the recycling collection service across the borough. Following a successful wheeled bin recycling pilot in Staining a proposal was presented to Scrutiny and Cabinet recommending 3 different options for the introduction of a wheeled bin recycling collection scheme. The scheme received approval in December 2011 following a public consultation exercise and has subsequently been rolled out to approximately 93% of the properties in the borough.

The Boxes 2 Bins project has now been in place for 12 months and has successfully achieved all the stated outcomes – increasing storage capacity for recyclable material; improved satisfaction levels; increased recycling rate and a reduction in the amount of residual material collected. In addition, operational efficiencies have been achieved through fewer crew members required per round and a reduction in the number of replacement container request received.

RECOMMENDATIONS

1. Members are asked to note the contents of the report and provide feedback.

25 CABINET PORTFOLIO This item falls within the following cabinet portfolio(s): Portfolio Title: Customer & Operational Services Councillor Name: Cllr Albert Pounder

SUMMARY OF PREVIOUS DECISIONS A report entitled ‘Modernisation of the Waste Service – from Boxes to Bins’ was presented to the Policy and Development Scrutiny Committee on the 14th July 2011, detailing a number of different options to bring about an improvement to the waste collection service while achieving service delivery efficiencies. The committee resolved:

• to recommend support for Option 3 of the report – for a 240L wheeled bin to replace the green box, and for a further 240L wheeled bin to replace the white sack, both bins to be provided free of charge.

This report was then presented to Cabinet on the 20th July 2011 together with feedback from the Scrutiny Committee. In reaching its decision, Cabinet considered the details set out in the report and resolved:

• To support the proposed service delivery improvements to the waste collection service; • That details of the experiences and feedback from the Staining pilot exercise be published and circulated as widely as possible; • That, having regard to the feedback from the Overview and Scrutiny Committee, appropriate public consultation is undertaken across the Borough regarding the proposals; and • That following the public consultation, the preferred option is taken forwards through the budget preparations for 2012/13.

Following recommendations from Cabinet a public consultation exercise was undertaken on various options for the roll out of the replacement wheeled bins for recycling services across Fylde. Feedback was subsequently provided to Cabinet on the 16th November 2011 and Members were asked to identify the preferred options for the Boxes 2 Bins scheme and to decide on the standard bin size to replace the previous box and bag system. At the meeting Cabinet considered the details set out in the report and resolved to:

• Note the feedback from the success of the scheme in Staining, from the comments of the Overview and Scrutiny Committee and from the public consultation exercise on the “Boxes to Bins” project; • To recommend to Council the provision of two 180 litre wheeled bins to be used as the standard service provision for the replacement of the green box and the white sack / blue bag; • To recommend to Council the provision of the 360 litre wheeled bin to reduce the required number of bins for properties in multiple occupation or residential apartments; and • To recommend to Council an addition to the capital programme in respect of the bin purchases, fully funded from revenue savings as detailed in the original Cabinet report.

26 REPORT Background and Drivers for Change

1. The previous box and bag recycling scheme was introduced in Fylde in 2004. This was generally well received by residents across the borough, with good participation and high levels of recycling however the service did face several challenges. Despite support for recycling in general, a large number of residents’ complaints were received about the containers provided.

2. The boxes were too small to contain all the recyclable materials resulting in numerous request for multiple containers, with many households requiring 3 or 4 boxes at an annual replacement rate of £10,000.

3. There was wide spread dissatisfaction with the white sack provided for the collection of paper and cardboard and participation in this area of the scheme was exceptionally poor with large quantities of paper and cardboard being disposed of in the non-recyclable waste stream (grey bin).

4. The multitude of containers presented on recycling collection day (green bin, numerous boxes, blue and white sacks and an assortment of other containers) contributed to an untidy appearance and obstruction of the highway, with spillages and windblown materials resulting in dissatisfaction with street cleanliness levels (66% in 2011/12).

5. The kerbside vehicles used for the collection of recyclable materials were approaching the end of their useful life; recent developments in vehicle design offered rear loading vehicles with greater capacity and fewer health and safety considerations, in addition to reduced manpower requirements offering operational efficiencies.

6. The modern waste technology parks introduced as part of the Lancashire wide PFI provided the opportunity to comingle (collect as mixed) plastics, metals and glass together in one container without the need for roadside sorting, removing any benefits the kerbside vehicles had and making side loading a disadvantage.

7. Research into recycling behaviours indicates that a significant number of residents feel they have fulfilled their recycling obligation once they have filled the designated container and additional recyclable materials are then disposed of in the non-recyclable (grey bin) steam. Studies also show that householders are encouraged to recycle more when provided with a larger container.

8. In November 2010 the Council was successful in securing a grant from the County Council to pilot a project that involved replacing the recycling box with a larger wheeled bin for the storage and collection of co-mingled recyclables. A six month pilot scheme took place in Staining where pre and post scheme assessments were made of customer satisfaction levels with recycling and cleanliness, recognition for the range of materials that could be recycled, tonnages collected and percentage recycled against an overall reduction in residual (grey bin) waste, and presentation and participation rates. Feedback was also sought from the collection crew on the benefits of the modernised collection techniques. The results from the pilot scheme were extremely encouraging and demonstrated marked improvement in all of the performance areas assessed.

9. These challenges and key drivers together with the need to demonstrate ongoing service improvements and operational efficiencies, increased satisfaction and financial savings prompted the Waste Services team to carry out a full and detailed analysis of the operational costs and procurement implications associated with modernising recycling collection service

27 across the borough. The findings from the investigation fed into the boxes to bins report presented to Scrutiny and Cabinet in July 2011 with the following objectives: • To improve and future proof the collection arrangements for dry recyclables • To introduce collection arrangements that are appropriate to the disposal requirements and offer long term stability • To increase the levels of customer satisfaction with the collection service • To increase the level of recycling across the borough • To improve the operational efficiency of the service • To achieve the improvements within existing service budgets 10. Following an extensive public consultation exercise, the findings and options were again presented to Cabinet in November 2011. Cabinet subsequently recommend to Council the provision of two 180 litre wheeled bins to be used as the standard service provision for the replacement of the green box and the white sack / blue bag and the scheme was rolled out across the borough the following summer. Communications 11. Following scheme approval from full Council, work began on the procurement of vehicles and containers by the Waste Services team together with the development of a high profile communication campaign led by Sarah Wilson, Principal Waste Development Officer. 12. The communication campaign included the production of a range of colourful posters, information leaflets, and a comprehensive recycling wheel using the Council’s recycling mascot, easy to read text and simple images to capture the widest audience possible and improve participation in the scheme; the literature was developed in conjunction with a focus group of stakeholders, staff and collection crews. 13. The information was also publicised on the sides of the collection wagons and these images were updated at the end of last year to highlight the full range of recyclable materials and keep the message fresh. Work is already underway to produce new vehicle panels publicising the 1st year’s success and thanking residents for their support and commitment to improving Fylde’s recycling performance. 14. Press releases were sent to the local press at every stage of the process and information, schedules and FAQs were published on the Council’s intranet and internet together with regular updates in Fylde Matters 15. Member updates were provided to Borough and Parish Councillors through regular emails and learning hours and individual Ward Councillors were kept informed of rollouts in their areas 16. Roadshows were held across the borough at prominent locations during the process and Waste Officers attended PACT meetings to provide information on the scheme and address any concerns or queries 17. Contamination stickers, Yes/No stickers and Thank You stickers have also subsequently been produced to provide additional information to residents on how to maximise their recycling; the Bartec in-cab technology has been effectively utilised by collection crews to record any addresses where residents appear to be struggling with the scheme so that additional support can be provided. 18. Following feedback from crews regarding a number of relatively empty containers presented on collection day an additional ‘half full’ sticker has been produced, thanking residents for participating in the scheme but reminding them that they don’t need to put their bins out on

28 every collection if there is sufficient capacity to wait until the next recycling cycle. This has resulted in some households presenting the blue and brown bins on alternate recycling days which contributes to operational efficiencies and fuel savings since the wagon does not need to compact the material as frequently. Rollout of the Scheme 19. The Boxes 2 Bins container exchange program was rolled out to approximately 90% of the properties in the borough in 3 phases between May – October 2012; additional re-scoping of previously exempt properties i.e. not suitable for bins due to storage/access issues, in early 2013 extended the rollout to a further 3% of properties to give a total coverage of 93%. 20. The re-scoping exercise involved visual inspection of each exempted property by waste officers together with door knocking and communication with individual residents in an effort to extend the scheme to as many properties as possible. 21. Many of the additional properties included Multiple Occupancy Buildings, caravan parks and single occupied dwellings with limited storage where residents were able to share a set of bins between several properties. 22. Numerous requests for the recycling containers were received from residents in exempt areas and we worked with them to agree presentation points and overcome access issues, then continuing to work together to overcome any teething problems. 23. Despite best efforts to extend the modernised scheme across the whole borough 7% of properties (approximately 2,675) remain unsuitable for wheeled bins due to storage and access issues. The majority of these properties are flats above shops or terraced houses with limited outside storage. These properties currently remain on the box/sack scheme and are serviced by a different vehicle however it is unclear if this arrangement will be sustainable long term since this vehicle is not scheduled for replacement. 24. In addition, officers had enquiries from residents who did not want bins under any circumstances, regardless of the size of their property. In these cases residents completed a disclaimer form not to have bins and any future request for wheeled bins at that address, by the current residents, would be subject to a bin charge. These properties could not remain on the box/sack scheme for operational reasons and were advised that they would be required to take recyclable materials to the Household Waste Recycling Centre. Only 107 properties have been recorded as ‘refusals’ which represents just 0.3% of the borough. 25. As part of the original proposal, funding was provided for a number of 360L wheeled bin containers to be provided primarily for MOB’s as phase 4 of the project towards the end of 2012. During the course of rollout and re-scoping it became evident that many of these properties could (and were willing to) accommodate multiple sets of the 180L recycling bins; also, a number of residents living in shared accommodation and apartments requested their own set of bins rather than sharing with a neighbour. It therefore became apparent that it would not be necessary to purchase the more costly 360L containers. Consequently a saving of £289k in the approved 2012/13 Capital Programme was achieved in relation to the Boxes 2 Bins scheme. This was detailed in the 2012/13 Outturn Report presented to Cabinet on the 26th June 2013. Monitoring 26. In order to establish a baseline position and measure the successes and impact of the scheme it was necessary to carry extensive pre-scheme monitoring across different demographic areas of the borough in order to capture a full range of opinions and recycling behaviours that were representative of Fylde’s population as a whole.

29 27. Participation rates and tonnages of recycling and residual material captured was recorded on each of the recycling rounds for a period of 6 weeks prior to rollout of wheeled bins in each phase. 28. Customer satisfaction door knocking surveys were also conducted across each round with questions designed to establish satisfaction with the existing box/bag scheme, satisfaction with cleanliness following collection and an understanding of the range of materials that could be recycled in the kerbside scheme. 29. In tandem with this, recognition surveys were also conducted – this involved a visual inspection of the contents of the box and bag on collection day to determine the range of materials that people were recycling and to highlight contamination issues where residents were presenting the wrong types of materials. 30. The information established during the pre-scheme satisfaction and recognition monitoring was subsequently used to assist in developing scheme literature by highlighting those items less commonly recycled and providing a list of ‘NO’ items i.e. what not to recycle. It was interesting to note that the verbal information gathered during the door knocking surveys often conflicted with the physical evidence obtained on visual inspection; many residents suggested that they recycled a greater range of materials than was actually the case. 31. It was necessary to re-evaluate the same performance indicators at the end of the project in order to establish trends and improvements brought about by the modernised collection scheme. This work was completed in July 2013 and represents 18 months’ worth of data collection and evaluation by Fylde Waste Officers. Evaluation 32. Pre-participation rates for the box and bag scheme were already high, in excess of 83%. Initial presentation of the wheeled bins indicated an increase in participation rates however this may have been due to the fact that residents felt obliged to put out their containers on every collection. Once they realised that it was only necessary to present the containers when full presentation decreased slightly with some residents choosing to present their blue and brown bins on alternate recycling collection days. Participation remains high at 81%, indicating that the majority of households are consistently generating enough recyclable materials to present the bins at each collection opportunity, resulting in less recyclable material ending up in the grey waste stream.

33. Replacing the green box with the blue bin has resulted in an increase in container satisfaction rate from 63% to 91%; providing the brown bin for paper and cardboard has shown a dramatic improvement in satisfaction levels – rising from 44% to 91%. Overall satisfaction with the box and bag service recorded a satisfaction level of 87% at the start of the campaign, twelve months on this has increased to 89% with levels as high as 93% being recorded in some areas.

34. Improvements have also been measured in satisfaction with street cleanliness after collection; this has improved from 53% pre scheme to 80% after the first year of recycling bin collections.

35. The tonnage of material collected by the recycling crews has increased by almost 600 tonnes in 12 months equating to a 2.5% increase in the recycling rate to 46%. It is anticipated that this increase should be even more noticeable in 2013/14 since the annual tonnage collected will represent a full year on bins for the whole borough (the first bin recycling collections did not take place until mid-June 2012 and this was only from phase 1). As expected, there has been a corresponding fall in tonnage of grey bin waste collected; this has fallen by more than 600 tonnes confirming the presence of recyclable material in this waste stream in previous years.

30 36. The visual capture rate inspections of the wheeled bins demonstrated a greater range of materials being recycled from around the home i.e. not just kitchen products, than prior to the start of the scheme. This is particularly evident in the brown bins for paper and card which is consistent with the poor participation recorded with the white sack scheme.

37. Another key success of the container exchange program has been the reduction in the number of requests received for replacement containers – this has fallen by 50% in the last year. Not only does this demonstrate operational efficiencies for Waste Services, it also reduces the number of waste related call and complaints received by the Contact Centre, reflecting higher satisfaction levels.

38. A battery collection scheme was introduced alongside the blue/brown bins. This has been well received by residents, providing a convenient way to recycle these hazardous items. To date, approximately 60,000 batteries have been collected.

39. The satisfaction surveys also provided the opportunity to publicise the Council’s Bulky Waste Collection Service which was previously poorly supported. Of those questioned during the initial survey only 40% indicated awareness of the scheme. A bulky waste bin sticker campaign was subsequently carried out to raise awareness of the service; awareness was subsequently measured at 71%.

40. Residents were also questioned on the quality of the communication information and literature advertising the recycling services available; 87% of the residents surveyed rated the general information provided on recycling as very good or excellent.

The post scheme satisfaction results are attached as Appendix 1 of the report.

Other Information

41. In addition to the in-house monitoring and evaluation carried out by Fylde Waste Officers over the past 18 months Fylde also participated in a Household Waste and Recycling Public Satisfaction Survey conducted by Ipsos Mori in December 2012, 6 months after the rollout of the new recycling scheme. 4000 surveys were delivered to residents in the phase 2 distribution area with a return rate of 25.9% (1036 surveys) which is very high for a survey of this nature. The results obtained were extremely positive, particularly for such a new scheme, and consistent with the data obtained by Fylde. Overall satisfaction with the kerbside collection service was measured at 80.9%.

The Household Waste and Recycling Public Satisfaction Survey results are attached as Appendix 2 of the report.

42. An in-house Fylde Customer Satisfaction Survey measuring customer satisfaction across a range of Council services was carried out by the Council’s Corporate Performance and Efficiency Officer, Alex Scrivens, over a 3 month period in late 2012. The survey was distributed to a bank of 5000 known residents’ email addresses and was also available to complete online. Once again these results were consistent with the satisfaction levels recorded by the other methods: • Percentage satisfaction with the household recycling service was recorded as 91%, exceeding the target of 78%, and significantly better than the previous comparator of 78% measured in 2008/09.

31 • Percentage satisfaction with the cleanliness of the streets in Fylde was recorded as 81%, exceeding the target of 75%, and significantly better than the previous comparator of 65% measured in 2008/09.

The survey will be carried out once again at the end of 2013 to provide an indication of ongoing service delivery and Customer satisfaction.

IMPLICATIONS An underspend in the sum of £289k in the 2012/13 Capital Programme relating to the ‘Boxes to Bins’ Finance scheme was reported to Cabinet on the 26th June 2013 as part of the Outturn Report for 2012/13. There are no direct legal implications arising from the Legal report. There are no direct community safety implications Community Safety arising from the report. There are no direct human rights and equalities Human Rights and Equalities implications arising from the report. This report highlights the environmental benefits delivered through the modernised collection scheme, Sustainability and Environmental Impact with reduced waste disposal and increased recycling contributing to the sustainability of natural resources. There are no direct health & safety and risk Health & Safety and Risk Management management implications arising from the report.

REPORT AUTHOR TEL DATE DOC ID Kathy Winstanley 01253 658634 30th August 2013

LIST OF BACKGROUND PAPERS Name of document Date Where available for inspection Modernisation of the waste 14th July 2011 Waste Management Services service – from boxes to bins ‘Boxes to bins’ project – feedback from public 16th November 2011 Waste Management Services consultation Medium Term Financial Strategy (MTFS) – General Fund Revenue, Capital Programme & 26th June 2013 www.fylde.gov.uk Treasury Management Outturn Position for 2012/13

Attached documents

32 1. Appendix 1 – B2B post scheme satisfaction results July 2013 2. Appendix 2 - The Household Waste and Recycling Public Satisfaction Survey 2012 results

Appendix 1: Boxes 2 Bins Post Scheme Satisfaction Survey Results

Appendix 2

Household Waste & Recycling Public Satisfaction Survey 2012

Question Fylde Response General Waste Collection Collection service overall 86.7 Frequency of waste collection 83.7 Type of waste container provided 88.7 Size of waste container provided 86.9 Recycling Collection Collection service overall 88.0 Frequency of recycling collection 89.2 Type of recycling container provided 88.3 Size of waste container provided 86.4 Range of materials recycled 81.6 Food Waste Collection Collection service overall 79.5 Frequency of collection 77.1

37 Type of container provided 80.4 Size of container provided 81.1 Garden Waste Collection Collection service overall 87.7 Frequency of collection 86.6 Type of container provided 88.9 Size of container provided 87.5 Refuse and Recycling Collection Scheme Overall Collection scheme overall 80.9 Number of containers provided 75.5 Reliability of collections 91.9 Friendliness/helpfulness of crew 78.8 Level of noise during collection 80.4 Street cleanliness after collection 72.6 Communication Information Communication information overall 76.5 What can/can’t be put out as general waste 81.9 What can/can’t be recycled 79.9 Collection dates 89.1

REPORT REPORT OF MEETING DATE ITEM NO

DEVELOPMENT SERVICES CABINET 18 SEPTEMBER 2013 8

DUTY TO CO-OPERATE: MEMORANDUM OF UNDERSTANDING BETWEEN BLACKPOOL COUNCIL, FYLDE BOROUGH COUNCIL, WYRE BOROUGH COUNCIL AND LANCASHIRE COUNTY COUNCIL

PUBLIC ITEM

This item is for consideration in the public part of the meeting.

SUMMARY

The report presents a proposed Memorandum of Understanding between Fylde, Blackpool, Wyre and Lancashire County Councils in relation to the Duty to Co-operate in the Local Plan preparation process.

RECOMMENDATIONS That the Memorandum of Understanding appended be endorsed.

CABINET PORTFOLIO

The item falls within the following Cabinet portfolio:

Planning and Development Cllr Trevor Fiddler

SUMMARY OF PREVIOUS DECISIONS

Cabinet 23rd May 2012 Memorandum of Understanding – Fylde Coast Strategic Planning

Cabinet RESOLVED to support the draft ‘Duty to Cooperate’ Memorandum of Understanding and recommended its adoption by Council.

39 REPORT

1) Background/legal framework a) The Localism Act 2011 has introduced changes to the planning system, a key change is the abolition of Regional Spatial Strategies, and the consequence of this is that local authorities are now responsible for their own strategic planning. b) To ensure that sensible planning for issues which extend beyond a local authority boundary still happens, the Government through the Localism Act and the National Planning Policy Framework (NPPF) have introduced a ‘Duty to Co-operate’ on strategic planning issues. c) The Duty to Co-operate applies to all local planning authorities, County Councils and a number of other public bodies, in consultation with Local Nature Partnerships and Local Enterprise Partnerships in particular. It requires working with neighbouring authorities and other bodies on strategic priorities and includes collaborating on evidence critical to understanding the needs of local areas and the wider economic and housing market areas. d) Paragraph 179 of the National Planning Policy Framework (NPPF) requires councils to work together to address strategic priorities across boundaries and development requirements which cannot be wholly met within their own areas. Failure to do so will lead to less sustainable plans and reduce the ability to deliver infrastructure and inward investment. e) The ‘Duty to Co-operate’ is a legal requirement of the plan preparation process. It is the first thing that the Planning Inspectorate will look at during the Examination of the Local Plan. The Planning Inspectorate will need to see sufficient evidence to demonstrate that the ‘Duty to Co-operate’ has been undertaken effectively through cooperation. Experience from Local Plan Examinations that have already taken place elsewhere indicates that if the Inspector is not satisfied that the duty to co-operate has been adequately discharged, the plan will fall at the first hurdle leading to delay and further expense in the plan preparation exercise. f) Where co-operation is not forthcoming, The Planning Inspectorate is likely to consider the extent to which the request to co-operate is ‘reasonable’ based on the evidence. If the deliverability of the plan is dependent on a reasonable request for co-operation by the plan-making body, that is not forthcoming, the plan may still be found unsound unless some form of working arrangement can be brokered. g) If the Planning Inspectorate considers that the legal requirement to co-operate has been met through joint working but there is disagreement about the policy outcome (for example the proposed level of housing provision), then this will need to be resolved through the examination process based on the evidence. h) Councils and other public bodies covered by the duty are advised to make every effort to ensure that strategic issues are properly addressed and that any major disagreements are resolved well before the examination. Whilst the Memorandum of Understanding is an important constituent in discharging evidence of Fylde Council’s co-operation with Blackpool, Wyre and Lancashire County Councils on issues affecting the Fylde Coast, on its own it will not be sufficient to discharge this duty. In particular, Fylde Council will also need to demonstrate that it has co-operated with its other neighbouring authorities, such as Preston.

2) The Memorandum of Understanding (MOU): a) The Memorandum of Understanding between the four Fylde Coast authorities (appended) provides the following: - Context on the Government’s requirement regarding the Duty to Cooperate; - Background on the Fylde Coast Peninsula and its geographical and economic characteristics;

40 - Cross Boundary Issues - highlighting strategic areas of agreement, including existing co-operation and collaboration between the four Authorities and areas for continued and future co-operation, to fulfil the Duty to Co-operate; and - Governance arrangements. b) The cross boundary issues that are currently highlighted in the Memorandum of Understanding include in summary: - Housing – issues related to housing provision and strategy across the Fylde coast; a more balanced and wider housing choice; and housing provision on the Fylde/Blackpool boundary around Junction 4 of the M55; - Business and industrial development – sub-regional employment land requirements; strategic priorities to strengthen the Fylde Coast economy around Junction 4 of the M55/ Fylde/Blackpool boundary; promotion of sustainable development on key strategic sites /corridors such as ; Blackpool Airport corridor – Fylde/Blackpool boundary; The Enterprise Zone at BAE Systems, Warton and Whyndyke Farm – Fylde/Blackpool boundary; - Retail - to work together to provide evidence to effectively resist retail applications not in accordance with the development strategies of the Fylde Coast Authorities; - Transport – relieving short to medium term congestion on the A585(T); supporting the sustainable development of Blackpool Airport as an economic priority; supporting improvement to the tram network with possible connections to Blackpool airport and the South Fylde rail line; support for the M55 to Heyhouses road link; continue to support improvements to Preston Station and improved access to Fylde Coast Towns; support proposals in the Central Lancashire Highways and Transport Masterplan; seeking a common approach to car parking standards; - Surface Water Drainage – to agree a common approach to surface water and waste water management to ensure the delivery of the required infrastructure improvements needed to accommodate future development requirements is not compromised; - Natural Environment – to work together to conserve and enhance natural habitats, biodiversity and landscapes of importance and to develop a strategic network of green infrastructure. c) The ‘Key Issues’ which are currently highlighted in the Memorandum of Understanding are not exclusive. The Duty to Co-operate is an ongoing process, as issues and the policy approaches are agreed other issues will arise which will need to be addressed. Therefore this memorandum will be reviewed and updated as appropriate in accordance with the governance arrangements. As part of this process it is proposed that any changes to the Memorandum of Understanding will be agreed through formal consideration by the Portfolio Holder for Planning & Development. d) The Memorandum of Understanding will also be supported by and included in a schedule which is currently being drawn up to demonstrate that Fylde Council’s duty to co-operate with all its neighbouring authorities and responsible bodies has been discharged. This is likely to include information on key issues, the responsible bodies and groups involved in that key issue, the nature of the cooperation, the progress being made and the agreed policy outcome. The provision of such a schedule will assist the Inspectorate at Examination in determining that the Duty to Co-operate has been met.

3) Agreement of the Memorandum of Understanding a) In May 2012 Cabinet considered a report on the issue and resolved to support the draft version of the Memorandum of Understanding available at the time and recommend its adoption by Council. Following the meeting further discussions have taken place with the respective authorities and these discussions have resulted in a number of changes to the version presented previously to Cabinet, hence the need for this further report. The Portfolio Holder has been regularly briefed on those discussions between the authorities and is supportive of the final draft MoU.

41 b) The duty to co-operate, as set out in section 33A of the Planning and Compulsory Purchase Act 2004 is not a freestanding function. Rather, it sets out a way in which the authority is to carry out certain other tasks, which are already its functions. c) The Memorandum of Understanding is a document setting out how the council will fulfil functions it already has. The development plan process sits with the executive up to the stage of formal submission for adoption or examination. As a result, the MoU is presented for adoption/endorsement by Cabinet. d) Respective Fylde Coast authorities are adopting the attached final draft MoU on the following timetable: i) Blackpool Executive 9th September 2013 ii) Wyre Cabinet 11th September 2013 iii) Fylde Cabinet 18th September 2013 iv) Lancashire County Council sign off by the Head of Planning, Environment Directorate

IMPLICATIONS

Finance None arising from this report

Legal The statutory requirement to co-operate is set out in s33A of the Planning and Compulsory Purchase Act 2004. It is a duty to engage constructively, actively and on an ongoing basis in certain processes with prescribed persons. Regard must be had to any guidance by the Secretary of State about how this duty is to be complied with. The National Planning Policy Framework includes a statement that the local plan will be examined by an Inspector whose role is to assess whether it ‘has been prepared in accordance with the Duty to Cooperate, legal and procedural requirements and whether it is sound’.

Community Safety None arising from this report

Human Rights and Equalities None arising from this report

Sustainability and Environmental None arising from this report Impact

Health & Safety and Risk The Duty to Co-Operate is a key requirement of the preparation of the Management Fylde Local Plan to 2030: Part 1. The Local Plan will provide the statutory planning framework to enable and assist the delivery of Fylde’s future development requirements. Without its progress it will harder to resist inappropriate development proposals being granted permission. Failure to meet the requirements of the Duty to Co- Operate runs the risk of the Local Plan being found 'unsound' at Examination.

REPORT AUTHOR TEL DATE DOC ID Mark Evans (01253) 658640 2nd September 2013

42 LIST OF BACKGROUND PAPERS

Name of document Date Where available for inspection

Report to Cabinet 23rd May 2012 http://www.fylde.gov.uk/meetings/details/928

Attached documents

Appendix A - Duty to cooperate: Memorandum of Understanding between Blackpool Council, Fylde Borough Council, Wyre Borough Council and Lancashire County Council

APPENDIX A

DUTY TO CO-OPERATE

MEMORANDUM OF UNDERSTANDING

BETWEEN

BLACKPOOL COUNCIL,

LANCASHIRE COUNTY COUNCIL,

FYLDE COUNCIL AND

WYRE COUNCIL

August 2013

44 CONTENTS Page

1.0 PURPOSE OF MEMORANDUM OF UNDERSTANDING 4

2.0 CONTEXT 4

3.0 THE FYLDE COAST PENINSULA – SUB REGIONAL FUNCTIONALITY 5

4.0 CROSS BOUNDARY ISSUES 6

Context 6

Housing 7

Economy – Business and Industrial Development 9

Retail 10

Transport 12

Surface Water Drainage and Waste Water 14

Natural Environment 15

5.0 GOVERNANCE 17

1.0 PURPOSE OF THE MEMORANDUM OF UNDERSTANDING

1.1 This Memorandum of Understanding (MOU) is between Blackpool Council, Fylde Council, Wyre Council (to be referred to as the Fylde Coast Authorities (FCAs) for the purpose of this MOU) and Lancashire County Council (LCC). It provides for those strategic planning issues which require cross boundary co-operation and collaboration to ensure the requirements of the Government’s ‘Duty to Cooperate’ are met and that the local plans of the FCAs are sustainable, deliverable and found ‘sound’ at examination. It formalises the ongoing dialogue and co-operation that currently exists between the four authorities.

1.2 The MOU will also guide the approach that the FCAs and LCC take with respect to responding to strategic planning applications and nationally significant infrastructure projects.

1.3 The following sections of the MOU provide:

. Context on the Government’s requirement regarding the Duty to Cooperate;

. Background on the Fylde Coast Peninsula and its geographical and economic characteristics;

. Cross Boundary Issues - highlighting strategic areas of agreement, including existing co-operation and collaboration between the FCAs and LCC and areas for continued and future co-operation, to fulfil the Duty to Co-operate;

. Governance arrangements.

2.0 CONTEXT

2.1 The Government has made some significant changes to the planning system that will affect the responsibilities of all local planning authorities. The intention of the changes is to make the planning system one that better supports sustainable economic growth and jobs, underpinned with the principles of localism, with less ‘top-down’ prescription and more ‘bottom up’ involvement.

2.2 The changes were introduced through the Localism Act which received Royal Assent on 15 November 2011. A key provision of the Act is the abolition of Regional Spatial Strategies, the consequences of which means that local authorities are now responsible for their own strategic planning. The North West Regional Strategy was revoked on 20 May 2013.

2.3 With the revocation of Regional Spatial Strategies, to ensure that sensible planning for issues which extend beyond a local authority boundary still happen, the Government has introduced through the Localism Act and the National Planning Policy Framework (NPPF) a ‘Duty to Co-operate’ on strategic planning issues.

46 2.4 The Duty to Co-operate applies to all local planning authorities, County Councils and a number of other public bodies, in consultation with Local Nature Partnerships and Local Enterprise Partnerships in particular. It requires working with neighbouring authorities and other bodies on strategic priorities and includes collaborating on evidence critical to understanding the needs of local areas and the wider economic and housing market areas.

2.5 Strategic cross-boundary needs should be considered in an authority’s local plan and authorities will need to demonstrate that they have successfully co-operated with other bodies on cross-boundary issues. If this is not achieved the Government has indicated that authorities run the risk of their Local Plans being found ‘unsound’ at Examination.

2.6 In particular, the new duty:

. relates to sustainable development or use of land that would have a significant impact on at least two local planning areas or on a planning matter that falls within the remit of a county council;

. requires that councils set out planning policies to address such issues;

. requires that councils and other bodies engage constructively, actively and on an ongoing basis to develop strategic policies in the preparation of local plan documents and activities that can reasonably be considered to prepare the way for such documents;

. requires councils to consider joint approaches to plan-making.

2.7 Paragraphs 178 -181 of the NPPF give further guidance on ‘planning strategically across local boundaries’ and highlights the importance of joint working to meet development requirements that cannot be wholly met within a single local planning area, through either joint planning policies or informal strategies such as infrastructure and investment plans.

3.0 THE FYLDE COAST PENINSULA – SUB REGIONAL FUNCTIONALITY

3.1 The Fylde Coast sub-region encompasses the area covered by the unitary authority of Blackpool Council and the two-tier area covered by Lancashire County Council and the district councils of Fylde and Wyre. The area stretches from the Ribble Estuary in the south to Morecambe Bay in the north and the Forest of Bowland moorlands in the east. The area covers 384 sq km and is home to 327,400 residents.

3.2 The Fylde Coast sub-region demonstrates a high level of self containment in terms of housing markets, travel to work patterns and economic functionality.

3.3 The Fylde Coast housing market area is broadly determined by patterns of local migration and travel to work patterns. There are strong local connections within that part of the Fylde Coast housing market area comprising Blackpool and west Fylde and Wyre. The remaining areas of Wyre relate to a wider rural housing market and eastern Fylde relates more strongly to Preston.

3.4 The economic functionality of the Fylde Coast is apparent through the strong travel to work patterns and employment with a shared tourism and cultural offer; regionally and nationally significant advanced manufacturing (BAE Systems at Warton and nuclear processing at Westinghouse, Springfields); the Department for Work and Pensions; and a shared infrastructure including Blackpool International Airport, coastal tramway and strategic highway and rail networks.

3.5 This economic coherence was reflected in the establishment of the Multi Area Agreement in April 2009 and the Blackpool, Fylde and Wyre Economic Development Company in April 2010 (rebranded the Blackpool Bay Company in 2011), to support local authority partnership working, co-ordinate and drive forward shared objectives and deliver a co-ordinated programme of capital investment.

4.0 CROSS BOUNDARY ISSUES

Context

4.1 Paragraph 156 of the NPPF sets out strategic issues where co-operation might be appropriate including:

. the homes and jobs needed in the area; . the provision of retail, leisure and other commercial development; . the provision of infrastructure for transport, telecommunications, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat); . the provision of health, security, community and cultural infrastructure and other local facilities; and . climate change mitigation and adaptation, conservation and enhancement of the natural and historic environment, including landscape/habitats and the importance of European sites.

4.2 The priority given to these issues will depend on local circumstances and strategic approaches may not be required in every situation.

4.3 Working together on strategic planning issues is not new to the FCAs and LCC. Engagement on issues of common concern with respect to housing, employment land and transport infrastructure have been ongoing for many years.

4.4 Currently, the spatial planning policies of the FCAs are being reviewed through the development of local plans. Whilst the Duty to Co-operate proposes that neighbouring authorities should consider joint approaches to plan making, the authorities have decided to develop separate Local Plans, albeit closely aligned, due to the different stages of the local plan process at which each authority finds itself and having regard to the unitary status of Blackpool Council.

4.5 To undertake a joint local plan would further delay the adoption of an up to date plan for each authority. The coalition government has advised local planning authorities to ensure that they get up to date local plans in place as soon as possible. Without an up to date plan, development decisions will be made on the basis of the

48 NPPF, with the presumption being ‘yes’ to sustainable development unless ‘any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole; or specific policies in the Framework indicate development should be restricted’. This could result in development being approved which does not have the support of the authorities.

4.6 Lancashire County Council (LCC) is responsible for the delivery of key infrastructure and services within Fylde and Wyre districts including the delivery of the Local Transport Plan and highways infrastructure, as well as education and social care provision and new responsibilities relating to flood risk and health. This also involves working with Blackpool at a strategic level to ensure a co-ordinated approach to infrastructure and service delivery. LCC’s involvement is therefore critical in the development and delivery of the FCAs’ local plans.

4.7 With respect to waste management and the provision of minerals, LCC and Blackpool Council as minerals and waste authorities, have a long standing relationship of working together in preparing and monitoring the Joint Minerals and Waste Local Plan for Lancashire.

4.8 The FCAs and LCC acknowledge that addressing cross-boundary issues is essential if sustainable development is to be delivered at a local level and economic growth and social and environmental well being for the sub-region is to be achieved. Those strategic issues which are considered to need cross boundary co-operation are set out below. The ‘Key Issues’ which are highlighted at the end of each section are not exclusive. The Duty to Co-operate is an ongoing process, as issues and the policy approach are agreed other issues will arise which will need to be addressed. This memorandum will be reviewed and updated as appropriate in accordance with the governance arrangements set out at the end of this document.

Housing

4.9 The housing offer on the Fylde Coast has an important role in supporting the sub- region’s economy. The Fylde Coast housing market area (HMA) as a whole offers a wide range of housing and neighbourhoods, including some very attractive areas, but there are also some major concentrations of poor quality homes in very unattractive neighbourhoods. These neighbourhoods contribute to the underperformance of the local economy, whilst in the attractive areas it is difficult for local people on modest incomes to be able to afford to buy or rent a suitable home.

4.10 To achieve a more balanced housing market the FCAs have undertaken a joint approach to addressing housing issues unrestricted by local authority boundaries. This has included appointing a Fylde Coast Housing Strategy Manager in October 2007 to develop and manage the sub-regional approach to housing and inform policy development.

4.11 Various joint housing studies have been produced to inform policy development, including the need for new and affordable housing:

. the Fylde Coast Housing Market Assessment Study 2008 - to provide a robust evidence base to inform the policy approach to be adopted in the individual local

49 plans. This study is a key document in the Local Plan evidence base and is currently being reviewed to ensure it is appropriate for examination;

. the Fylde Coast Housing Strategy 2009 - to provide a common understanding, vision and set of priorities for housing across the Fylde Coast housing market area to provide a wider understanding of issues and priorities that enables public and private sector partners to develop their work in a clear strategic context.

4.12 The FCAs have also produced, through the Blackpool Fylde and Wyre Economic Development Company and in association with Lancashire County Council and the Homes and Communities Agency (HCA), a Local Investment Plan (LIP) to help make clear the local objectives and delivery priorities for capital investment in housing and regeneration in support of economic improvement across the Fylde Coast area over the 2011 – 2014 period.

4.13 In considering housing need and requirements, the FCAs also need to address the accommodation requirements of Gypsies, Travellers and travelling showpeople. A Gypsy and Traveller Accommodation Assessment was undertaken by the University of Salford, commissioned by the North West Regional Assembly on behalf of the Lancashire authorities and published in May 2007. This study was in response to obligations and requirements to resolve some of the long standing accommodation issues for members of the Gypsy and Traveller communities.

4.14 Recently both Fylde and Wyre Councils have come under pressure with respect to unauthorised Travellers encampments and importantly the NPPF now requires all local authorities to provide for a 5 year supply of sites where a need is identified. With this requirement the FCAs will need to agree the evidence base and ensure that policies contained within their respective Local Plans address the accommodation needs of Gypsies, Travellers and travelling Showpeople and that the policy approach by each authority is appropriate and complementary across the sub- region.

KEY ISSUES

To work together to:

. agree the housing provision and strategy approach across the Fylde Coast sub-region;

. establish a more balanced and wider housing choice in the HMA, with a focus on family and affordable housing needs which will assist economic uplift in line with priorities established in the Fylde Coast Local Investment Plan;

. promote a strong and distinctive sustainable urban extension closely integrated with the surrounding areas on land on the Fylde/Blackpool boundary around Junction 4 of the M55;

. provide for the accommodation needs of Gypsy, Traveller and travelling Showpeople communities across the Fylde Coast sub-region;

. agree the policy approach for lands in Blackpool/Fylde comprising Marton Moss;

. agree complementary/joint approaches to the delivery and accessibility of affordable housing.

Economy – Business and Industrial Development

4.15 There are strong links between the FCAs in terms of travel to work patterns and employment, which warrant the joint consideration of future employment development for the sub region.

4.16 The size of the Fylde Coast economy is around £4.8bn – some 2% of the North West economy but productivity per head significantly underperforms the Lancashire and England average, reflecting the predominance of the tourism sector. However the sub-region does contain significant specialism in advanced manufacturing in Fylde - aerospace at Warton, identified in 2012 as a Local Enterprise Zone and nuclear processing at Springfields, accounting for almost half the industrial business lands in the sub-region.

4.17 Other strengths exist in food processing, environmental technologies and chemicals. The chemical industry, environmental technology including Global Renewables at Thornton and fish processing associated with Fleetwood docks contribute significantly to employment in Wyre. The public sector and government agencies are also substantial providers of jobs in the sub-region along with insurance providers Axa and Aegon in Fylde.

4.18 Decline in GVA and employment has been a shared experience across the FCAs. However they recognise the need to strengthen, promote and enhance the tourism offer whilst at the same time further develop the other key sectors referred to above, with a need to persuade existing businesses in these sectors to grow and to provide the right conditions for other firms to invest.

4.19 Crucial to this is the provision of quality development sites to support new business growth. The peripheral location of the Fylde Coast within the North West makes it critical to provide a portfolio of sustainable employment opportunities to improve economic performance. The FCAs have recognised the need to capitalise on the particular assets, strengths and opportunities of the sub region as a whole. In 2010 a Fylde Sub Region Employment Land Review was agreed by Blackpool, Fylde and Wyre which sets out the current position in terms of employment land availability. Updating this in 2012 Fylde Borough Council commissioned consultants to carry out an Employment Land Study and Wyre Council undertook an Employment Land and Commercial Leisure Study. Blackpool Council is reviewing its employment land evidence base in 2013. An additional employment land appraisal study has been

51 jointly commissioned in 2013 by Fylde and Blackpool authorities relating to land on the Fylde/Blackpool boundary around Whitehills and Junction 4 of the M55 and specific sites in the south of Blackpool.

4.20 A Fylde Coast Economic Strategy is also being developed by the Economic Development Company to support the coordinated development of future employment across the Fylde Coast Sub-Region.

KEY ISSUES:

. to undertake joint consideration of future employment development for the sub-region in response to the strong links between the FCAs in terms of travel to work patterns and employment;

. To work together to agree the sub-regional employment land requirement;

. To work together to agree the strategic priorities for land around junction 4 of the M55 – Fylde/Blackpool boundary with the aim of attracting major new economic development to help strengthen the Fylde Coast economy;

. To work together to promote the sustainable development of the following key strategic sites/corridors:

Blackpool Airport corridor – Blackpool/Fylde boundary;

The Enterprise Zone at BAE Systems – Warton – Fylde;

Land at Thornton – Cleveleys (Hillhouse) – Wyre;

Central Business District – Blackpool Town Centre;

Whyndyke Farm – Fylde/Blackpool boundaryA6 Corridor/Garstang – Wyre

Retail

4.21 Retailing is a key strategic issue over which the FCAs collaborate and in September 2007 White Young Green were commissioned by Blackpool, Fylde and Wyre authorities to carry out the first sub-regional retail study for the Fylde Coast. The study, which was published in June 2008, was undertaken to provide an in-depth analysis of the retail provision within the main centres of the Fylde Coast Sub- Region, including an assessment of the extent to which the centres were meeting the retail needs of the local population and the role of the local shopping network and the sub-regional shopping hierarchy.

52 4.22 This 2008 study was recently updated by Roger Tym and Partners – the ‘Joint Fylde Coast Retail Study 2011’ in order to reflect significant changes since the first study. These include major new developments, in particular the extension to the Houndshill Shopping Centre in Blackpool; economic changes; forecast retail expenditure growth rates; and changes in national guidance with respect to the publication of PPS4 (December 2009) and the test of soundness for Local Plan Documents in PPS12 (June 2008), now superseded by the NPPF.

4.23 The 2011 study provides evidence to inform the local plans of the FCAs with respect to: a. the retail role of towns within the Fylde Coast and their position in the retail hierarchy; b. potential future development needs for each authority; and c. definition of the town centres within the Sub-Region which are Blackpool, Lytham, St Annes, Kirkham, Fleetwood, Cleveleys, Poulton-le-Fylde and Garstang.

4.24 The 2011 study has been endorsed by the Executives of each of the FCAs to be used as appropriate evidence base on which to inform policy in their local plans.

Key recommendations in the Fylde Coast Retail Study 2011 that have strategic implications:

. that Blackpool, Fylde and Wyre authorities pursue a strategy of increasing the amount of comparison goods expenditure that is spent in the sub-region, from a current level of 75% of total expenditure to 78% in 2021 and 80% in 2026; . each authorities’ share of the sub-regional floorspace total reflects its current share of retained comparison goods; . that the role of Blackpool town centre as a strong sub-regional centre, should be restored thereby reducing the unsustainable level of expenditure flowing to out of centre locations within the catchment area, and to competing destinations outside the catchment area; . restoring Blackpool’s role as a strong sub-regional centre is at the expense of out of centre locations not at the expense of other centres in the Fylde coast sub-region; . a presumption that there is no need to plan for a net gain in floorspace in out of centre locations. The FCAs should plan to accommodate the indicative levels of floorspace identified in the study on sites located within and on the edge of the identified town centres; . there is no overall quantitative need for further convenience goods floorspace in the sub region for the period up to 2021.

KEY ISSUES

. The need to work together to provide evidence to effectively resist retail

applications which are not in accordance with the development strategies of

the FCAs.

53 Transport

4.25 Developing a more sustainable and efficient transport network across the Fylde Coast is vital for our economic prosperity and our social and environmental well being. Our sub-regional transport infrastructure needs to support our economic priorities and effectively integrate with future development locations to reduce the need to travel, making it safe and easy for Fylde Coast residents to access jobs and services; for visitors to access and enjoy the tourism and cultural offer; and for business to be attracted to invest in the sub-region.

4.26 The transport infrastructure of the Fylde Coast comprises road, rail, tram, air and port links supported by a comprehensive network of footpaths, canal, cycle routes and bridleways.

4.27 At the heart of the transport network is the M55 linking Blackpool with the M6 north of Preston. This is supported by the principal road network including the key routes of the A583 (Preston-Kirkham- Blackpool), the A584 (Freckleton/Warton – Lytham St. Annes-Blackpool) and the A585(T) (M55 Junction 3 to Fleetwood).

4.28 Main line rail connects Blackpool North via Poulton-le-Fylde and Kirkham with Preston and the South Fylde line links Lytham St. Annes via Kirkham to Preston and Blackpool South. Network Rail’s project to electrify the line from Blackpool north to Preston and on to Manchester will enhance rail services to London and other major UK cities and increase the potential for modal shift to relieve the road network.

4.29 The Blackpool Tramway system runs from Starr Gate in south Blackpool to north Fleetwood some 11 miles along the coast, assisting north-south movements. The tramway has seen significant investment with a comprehensive upgrade completed in 2012, providing a modern accessible transport system. In addition through Sintropher funding, work has been undertaken to assess the development of tram services linked to the national rail network. The Blackpool North Tram Extension scheme option proposes a 700m extension from the promenade at North Pier along Talbot Road to Blackpool North rail station. The intention is to create an interchange between the tram and rail, increasing accessibility and connectivity between destinations along the Fylde Coast tramway and the national rail network.

4.30 The Fylde Coast also benefits from the presence of an international gateway at Blackpool International Airport located on the Fylde/Blackpool boundary operating regular charter and scheduled flights throughout the UK and to various European destinations. In addition, whilst the Port of Fleetwood ceased ferry services in 2010 it maintains its capacity for ferry RORO and has potential as a maintenance base for the off-shore energy sector, including wind turbines.

4.31 Whilst the transport infrastructure for the Fylde Coast could be considered as comprehensive there are major strategic challenges which need to be addressed to improve our economic competitiveness. These include:

. The A585(T) corridor currently suffers from severe congestion at ten junctions. At peak times 70% of all travel to work trips within the Fylde Coast are made by car. This causes serious problems of congestion and traffic noise intensity in

54 residential areas. The problem of access and connectivity is exacerbated by growing demands of the industrial area of Thornton;

. Congestion on the A585 between the M55 and Fleetwood could undermine future economic development activity of the Fleetwood -Thornton Development Corridor (to which the adopted Fleetwood-Thornton Area Action Plan, is applicable);

. In the south access to the BAE Systems site at Warton needs to be improved to allow redundant brownfield land to be suitable for future development. Such connectivity issues act as a barrier to communities accessing employment. In response to this the Central Lancashire Highways and Transport Masterplan proposes a Western Distributor road around Preston linked to a new Junction 2 on the M55 to accommodate significant housing development in northwest Preston and improve access to the Enterprise Zone site.

. Public transport connectivity within the Fylde Coast area and links outside are poor. Rail links between some of the key urbanised areas and market towns of Wyre and Fylde and the wider North West are poor. The St Annes connection to Preston, for example, is restricted by a single track line with trains only running once every hour in both directions. The propensity of those in the South Fylde rail line catchment area to use rail is well below the national average. There is a real need to increase service frequency and reliability, meeting transport demand from Lytham St Annes and supporting regeneration in Blackpool South. In addition, the tram system is disconnected from the rail infrastructure;

. Blackpool International Airport is a considerable sub-regional asset and there is a need to ensure that the economic potential of this asset is realised. Balfour Beatty, the major stakeholder in the airport is currently developing a new aeronautical masterplan which will set out the growth capacity of the airport and replace the currently adopted 2007 plan. The FCAs therefore need to work closely with Balfour Beatty to ensure the masterplan delivers an outcome that sustains the airport as a major economic asset. Currently public transport access to the airport is relatively poor. There is no rail station and at present no buses directly serve the site. If the airport is to truly appeal as a sub-regional entity, there needs to be investment in transport infrastructure to the site from not only across the Fylde Coast but also from places such as Preston.

4.32 The Lancashire and Blackpool Local Transport Plans will play an important part in addressing these strategic challenges. As part of the Lancashire LTP, the Fylde and Wyre Highways and Transport Master Plan will consider many of these challenges and how they can be met. Close coordination with the Blackpool LTP will be necessary to ensure the successful delivery of the Master Plan.

KEY ISSUES:

. Continue to support improvements to the A585(T) to relieve short to medium term road congestion along that route and within the Blackpool urban area and improve the transport of freight. . Continue to safeguard land for the M55 to Norcross Link to relieve longer term road congestion. . Support the sustainable development of Blackpool Airport as an economic priority for the Fylde Coast sub region including improvements to surface access by public transport. . Continue to support improvements to Preston Station and improved accessibility to the Fylde Coast towns. . Continue to safeguard the Poulton to Fleetwood rail line to support the Fleetwood -Thornton Development Corridor and the Port of Fleetwood. . Support further improvements to the tram network to assist north-south movements along the coast from Fleetwood to Starr Gate; to support links to Talbot Gateway and Blackpool International Airport; and to integrate the tramway with other modes of transport including the potential of the South Fylde rail link. . To continue to support the M55 to Heyhouses road link. . Support proposals in the Central Lancashire Highways and Transport Masterplan that will have a material benefit for the Fylde Coast; . Seek a common approach to parking standards across the sub-region.

Surface Water Drainage and Waste Water

4.33 Water infrastructure capacity is a key cross boundary issue which will directly affect the delivery of built development across the Fylde Coast. The main issues relate to surface water drainage; the capacity of the existing sewage network and the need to ensure that proposals for new development have no adverse effect on the bathing water quality along the Fylde Coast. This is a vital issue as the quality of our beaches and bathing water underpins our tourism offer and our future economic prosperity.

4.34 Recent studies have been undertaken to inform the evidence base including the Central Lancashire and Blackpool Outline Water Cycle Study completed in April 2011. Whilst this study covers those authorities in Central Lancashire and Blackpool which were included in the Growth Point area, the study provides an assessment of the flood risk planning data, foul drainage, surface water management water resources and infrastructure issues including information on the wider Fylde Coast area. In addition, as part of its role as a Lead Local Flood Authority, Blackpool is currently producing a Blackpool Surface Water Management Plan researching and aligning all data, information and legislation, in liaison with United Utilities and the Environment Agency on critical capacity issues, with a focus on existing assets, identifying flood risks, mitigation measures, and developing an on-going implementation plan. It includes wider consideration of cross-boundary surface water infrastructure and drainage issues along the coastal belt in order to generate and develop sustainable drainage measures. Lancashire County Council is the Lead

56 Flood Authority for the Fylde and Wyre area and is currently producing the Lancashire Flood Risk Management strategy which will also include the Blackpool area. As part of this work the County Council is working closely with the FCAs to identify and address key flood risk management issues.

4.35 From the evidence base it is clear that the main cross boundary issues relate to network capacity issues which are contributing to surface water flooding and spills of untreated waste water into the Irish Sea, putting at risk Fylde Coast bathing waters under the new bathing water legislation due to come into force in 2015.

4.36 It is therefore imperative that the FCAs and LCC agree a supportive approach to surface water and waste water management to ensure that the economic prosperity of the Fylde Coast is not compromised and that the future development requirements of the sub-region can be accommodated. This includes the approach to ad hoc development not compromising the delivery of required infrastructure improvements to address the capacity issues of the Fylde Coast.

4.37 In recognition of the issues surrounding water management a Fylde Peninsula Water Management Group was set up in April 2011. This group is a partnership comprising the Environment Agency, United Utilities, the FCAs, Lancashire County Council and Keep Britain Tidy. The purpose of the group is to provide a sustainable and integrated approach to the management of coastal protection; water quality (including bathing waters), surface water drainage (including flooding) and development.

KEY ISSUES

. To agree a common approach to surface water and waste water management, including the approach adopted to ad hoc development, to ensure the delivery of required infrastructure improvements needed to accommodate future development requirements is not compromised.

Natural Environment

4.38 The Fylde Coast is characterised by a wide variety of natural environmental assets. There is a range of overlapping designations including sites of international and local habitat importance. Five European sites are focussed upon two areas of Morecambe Bay (including Ramsar, Special Protection Areas and Special Areas of Conservation) and the Ribble and Alt Estuaries (Ramsar and Special Protection Area). In addition, there is a candidate Special Area of Conservation offshore reaching from Blackpool to Cleveleys (Shell Flat and Lune Deep). These designations seek to conserve natural habitats and/or species, important wetlands and birds. The nationally designated Sites of Special Scientific Interest (SSSIs) include Morecambe Bay, the River Wyre and part of the Forest of Bowland Area of Outstanding Natural Beauty. There are also locally important Biological Heritage Sites (BHSs) and pockets of ancient

57 woodland. In addition, the Morecambe Bay Nature Improvement Area (NIA) was one of twelve designated in 2012, with the aim of improving the landscape for nature, the community and visitors. There are also proposals for the designation of two Marine Conservation Areas covering the Wyre-Lune and Fylde Offshore areas.

4.39 The sub-region is also characterised by relatively small but strategically important areas of Green Belt between i) Fleetwood, Thornton and Cleveleys ii) Thornton, Cleveleys, Poulton-le-Fylde and Blackpool iii) Blackpool and St Annes and iv) Lytham and Warton. Any substantial strategic changes to Green Belt boundaries would need to be undertaken as part of a holistic sub-regional review and there is not currently any evidence of a requirement for such a review to take place.

4.40 A core planning principle of the National Planning Policy Framework relates to conserving and enhancing the natural environment. This should be considered at a strategic level as networks of biodiversity and green infrastructure cross administrative boundaries and development in one area can have a potential effect upon natural assets in another. Green infrastructure is defined by Natural England as a strategically planned and delivered network comprising the broadest range of high quality green spaces and other environmental features.

4.41 Under Article 6 of the Habitats Directive and Regulation 61 of the Habitats Regulations an assessment is required where a plan or project may give rise to significant effects upon a European designated site as outlined above. This will include each authority’s local plan, as well as Local Transport Plans, the plans and projects of infrastructure providers and planning applications such as for sea defences or renewable energy. There are several stages in a Habitats Assessment with initial scoping followed by Appropriate Assessment, where the project or plan would have a significant effect. Assessment requires the effects of plans and projects of neighbouring authorities to be considered, so requiring co-ordination and sharing of information at the Fylde sub-regional level.

KEY ISSUES

To work together to:

. conserve and enhance natural habitats, biodiversity and landscapes of importance; and

. develop a strategic network of green infrastructure.

58 5.0 GOVERNANCE

5.1 The Duty to Co-operate requires that councils engage constructively, actively and on an ongoing basis. There is therefore a need to establish governance arrangements and protocols to ensure that the requirements of the Duty to Co-operate are met and that the FCAs can demonstrate at examination of their Local Plans that appropriate and constructive co-operation has taken place to ensure sustainable outcomes to strategic planning issues.

5.2 It is initially proposed that:

. a Joint Member and Officer Advisory Steering Group is established to oversee the work under the Duty to Co-operate. The group will be chaired on a rotational basis by a Member of one of the four authorities. The Council Leaders and Chief Executives will have the remit to appoint up to two appropriate representative to act on their behalf as necessary. A key remit of the group will be to resolve difficult and sensitive issues, reaching common understandings;

. an Officer Working Group will provide support to all joint working arrangements as appropriate and on request.

. Governance meetings as detailed above will take place as and when required. All meetings will be minuted to provide ongoing evidence of co-operation;

. Under the Duty to Co-operate the FCAs and LCC will commit to constructive engagement, good communications and transparency, seeking innovative sustainable solutions to strategic issues to ensure the environmental, social and economic prosperity of the Fylde Coast sub-region;

. Where appropriate and necessary a joint evidence base will be developed to inform the policy development on strategic issues.

59 REPORT

REPORT OF MEETING DATE ITEM NO

FINANCE CABINET 18 SEPTEMBER 2013 9

TIMETABLE FOR DEVELOPING BUDGET PROPOSALS 2014/15

PUBLIC ITEM This item is for consideration in the public part of the meeting.

SUMMARY A budget timetable needs to be approved which complies with the budget and policy framework rules, statutory deadlines, and if possible which facilitates early billing for Council Tax.

Attached at Appendix A is a draft budget timetable for the period October 2013 to March 2014 for consideration. The timetable may need further consideration if there are any significant changes, for example if the timetables of precepting authorities change.

RECOMMENDATION 1. That Cabinet accepts and adopts the timetable for the budget setting process for 2014/15.

CABINET PORTFOLIO This item falls within the following cabinet portfolio(s): Portfolio Title: Finance & Resources Councillor Name: Councillor Karen Buckley

SUMMARY OF PREVIOUS DECISIONS This is the first item that relates to the budget setting process for 2014/15 and marks the commencement of that process.

60 REPORT 1. INFORMATION 1.1 The setting of the composite Council Tax can only be agreed after Lancashire County Council, the Police and Crime Commissioner for Lancashire and the Lancashire Combined Fire Authority have arrived at their respective Band D requirements.

1.2 The statutory deadline by which all the precepting authorities have to determine their requirements is 28th February 2014. Currently the dates proposed for the relevant meetings are: 10th February 2014 for the Lancashire Combined Fire Authority; 20th February 2014 for Lancashire County Council; and Date still to be confirmed by Police and Crime Commissioner for Lancashire.

1.3 The timetable set out in Appendix A includes key budget decision dates and proposed timescales for a budget consultation process to be undertaken. Dates for budget briefings with the Opposition Group are yet to be determined.

1.4 In light of the above it is proposed that if all information on precepts is available, the Budget decision will be taken at Budget Council on 3rd March 2014. Please note that this meeting will commence at 5:00pm.

1.5 If the budget cannot be set and Council Tax charges determined by 3rd March 2014, it is likely that a Council Tax instalment date of 1st April 2014 may not be achieved with a resultant financial loss to the Council. The statutory deadline to set Council Tax is 11th March 2014. Failure to set a Council Tax by the deadline is likely to have a financial impact on the Council and will be in breach of the statutory process.

2 CONSULTATION 2.1 The Council will consult in respect of strategic budget issues. There will be a period of consultation with interested parties when any budget proposals are published. It is a requirement to consult with business rate payers over any proposed budget. There should also be meaningful consultation with those people who may be affected by any proposals in particular where they involve the discontinuance of a service. Detailed or specific consultation may be part of a proposal and follow after an in principle decision is made.

IMPLICATIONS The financial implications are contained within the Finance body of the report. Legal Contained within the report. Community Safety N/A Human Rights and Equalities N/A Sustainability and Environmental Impact N/A Timetable in place to ensure annual budget for Health & Safety and Risk Management 2014/15 is set with statutory and legislative guidelines.

61 REPORT AUTHOR TEL DATE DOC ID Paul O’Donoghue 01253 658566 August 2013 Chief Financial Officer

LIST OF BACKGROUND PAPAERS Name of document Date Where available for inspection N/A N/A

Attached documents

1. Appendix A – Meeting dates

62 Appendix A

TIMETABLE FOR DEVELOPING BUDGET PROPOSALS 2014/15

Meeting Dates Detail

27th Nov 2013 Cabinet - Updated Financial Forecast 2013/14 to 2017/18

2nd Dec 2013 Council - Updated Financial Forecast 2013/14 to 2017/18

Nov 13/Feb 14 Opposition Briefings - to be arranged

Nov 13/Jan 14 Consultation with Town & Parish Councils

Nov 13/Jan 14 Business Rate Payers Consultation

15th Jan 2014 Cabinet - Updated Financial Forecast 2013/14 to 2017/18

Cabinet Budget Proposals Meeting - expected publication date of 12th Feb 2014 Budget & Policy Proposals

20th Feb 2014 Scrutiny Meeting – Consultation on Cabinet budget proposals

3rd Mar 2014 Council Budget Meeting (5pm start)

11th Mar 2014 Statutory Deadline for Council to set Council Tax

63 REPORT

REPORT OF MEETING DATE ITEM NO DEVELOPMENT SERVICES CABINET 18 SEPTEMBER 2013 10 DIRECTORATE

SCRAP METAL DEALERS ACT 2013

PUBLIC ITEM This item is for consideration in the public part of the meeting. SUMMARY The purpose of this report is to inform the Cabinet of recent changes to legislation in relation to the licensing of Scrap Metal Dealers. The new licensing regime will be run and administered by the local authority.

RECOMMENDATIONS 1. To note the requirement to set the application fees, the actual level of which is to be determined at such a level that the total fee income will equate to the costs of administering the licensing regime in respect of scrap metal dealers and which would be subject to approval by Full Council in due course. 2. To delegate the appropriate Director for the Licensing Team to approve applications where there are no objections 3. To delegate the Portfolio Holder for Social Wellbeing for those applications where there have been objections and the applicant wishes to make representation.

CABINET PORTFOLIO This item falls within the following cabinet portfolio(s): Social Wellbeing Councillor Cheryl Little

SUMMARY OF PREVIOUS DECISIONS There are no previous decisions. REPORT 1. The Scrap Metal Dealers Act 2013 replaces the previous registration system for scrap metal dealers created by the 1964 Scrap Metal Dealers Act. It creates a new licensing regime which will be run and administered by local authorities. The new legislations extends the definition of scrap metal dealers to include motor salvage operators, and the provisions in the Vehicle

64 (Crime) Act 2001 under which they operate will end once the Act comes in to force.

2. Whereas under the 1964 Act local authorities have to register anyone who notifies them that they are operating as a scrap metal dealer, local authorities will be able to refuse to grant a licence where the applicant is judged not to be a ‘suitable’ person to operate as a scrap metal dealer. The transition requiring dealers to hold a licence rather than merely registering with a local authority provides an opportunity to ensure that dealers who have been operating illegally are not able to do so.

3. Every scrap metal dealer will be required to have a licence, and operating without one will be a criminal offence. These licenses will last for 3 years. There are 2 types of licence; a site licence and a collector’s licence.

4. A Site Licence will require all of the sites at which the licensee carries on the business as a scrap metal dealer within the local authority and a site manager to be identified for each site. They will be permitted to operate from those sites as a scrap metal dealer, including transporting scrap metal to and from those sites from any local authority area.

5. A Collectors Licence ail authorise the licensee to operate as a mobile collector in the area of the issuing local authority permitting them to collect scrap metal as appropriate. This will include commercial and domestic scrap metal.

The licence does not permit the collector to collect from any other local authority area and a separate licence should be obtained from each local authority from which the individual wishes to collect in.

6. The new licensing regime will commence on 01 October 2013, but with a transition period lasting until 01 November 2013. The transition arrangements will specify that any dealer currently registered under the 1964 Scrap Metal Dealers Act or a motor salvage operator already licensed under the 2001 Vehicles Crime Act will in effect be granted a transitional licence, provided that they submit an application for a licence under the 2013 Act by 1st September 2013. The transitional licence will then last until 1 November 2013, when licences issued under the 2013 Act will come into effect. Dealers will therefore be able to continue to trade without disruption during the transition period without fear of being prosecuted for operating illegally.

7. If an applicant is not registered under the Scrap Metal Dealers Act 1964 or does not hold a licence under the Vehicles Crime Act 2001 then they will not be able to trade legally while they wait for the local authority to decide whether or not to grant a licence. Full enforcement of the provisions in the 2013 Act will commence from 1 December 2013.

8. Schedule 1 of the Act sets out what information must accompany an application for a scrap metal dealers’ licence. Local authorities are entitled to request any further information they regard as relevant to considering the application. In the event the applicant does not supply the information that has been requested the local authority can refuse to proceed with the application. This may be of relevance when considering the suitability of the applicant.

9. A local authority must not issue a licence unless it is satisfied the applicant is a suitable person to carry on business as a scrap metal dealer – the ‘suitability test’. In the case of a partnership this means assessing the suitability of each of the partners in the partnership, while in the case of a company it means assessing the suitability of any directors, company secretaries or

65 shadow directors.

10. In assessing an applicant’s suitability the local authority can consider any information it considers relevant. Evidence of unsuitability can in particular be drawn from the information listed in the legislation that a local authority is specifically allowed to consider. The list includes: Whether the applicant or site manager has been convicted of a relevant offence, or subject to any relevant enforcement action. Whether the applicant has previously been refused a scrap metal dealers licence or an application to renew a licence has been refused. Whether the applicant has previously been refused a relevant environmental permit or registration. Whether they had previously held a scrap metal dealers licence that had been revoked.

11. Much of this information will be set out in the application form, and it is an offence for the applicant to make a false statement or recklessly make a statement which is false in a material way. However local authorities will undoubtedly want to satisfy themselves that an applicant is a suitable person by checking that they do not have previous relevant convictions, been the subject of any relevant enforcement action or have been refused a licence. There are benefits from the industry’s perspective in there being a standardised process when it comes to assessing applicants’ suitability, and in having a consistent approach applied to each application.

12. As part of the application process the applicant would be asked to provide a Basic Disclosure certificate, which will reveal any unspent convictions on the Police National Computer (PNC), with the application form. Refusing to provide a Basic Disclosure result would be grounds for the local authority to decline to proceed with the application. It is important to bear in mind when considering any application that even if an applicant has been convicted of a relevant offence this is not automatic grounds for refusing to grant a licence.

The local authority has discretion in this matter and could decide after receiving further information from an applicant or other bodies, and considering the matter further, that they can grant a licence, or grant the licence with conditions. For example the local authority could take into account the nature of the relevant offences and enforcement action; the seriousness of the offence or enforcement action; when the offence was committed or the enforcement action was taken; along with any other relevant information

13. Any application must be accompanied by a fee. The Home Office issued guidance on licence fee charges on the 12th August and the Licensing Team are currently working with colleagues in the Councils Accountancy Section to determine the appropriate fee levels. The EU Services Directive states that a licence fee can only be used to pay for the cost associated with the licensing process and we should ensure that the income from the fees charged do not exceed the costs of providing the service. The fee levels would be subject to approval by Full Council in due course.

14. It is regrettable that the information is not available at the time of the agenda publication. However, the late publication of the Guidance and ensuring compliance with the Directive have caused the delay. It is intended to provide the level of fees and the justification of those fees at the meeting and subsequently at Full Council.

66 15. Where a local authority proposes to reject an application (or revoke it or vary it) the applicant has to be notified what the local authority proposes to do and the reasons for it. If having conducted an initial assessment of an applicant’s suitability the local authority is minded to refuse the application it must to let the applicant know this.

16. The notice from the local authority has to give the applicant (or licensee) the opportunity to make representations or let the local authority know they wish to. The notice must also specify a period of time in which the applicant does this, which cannot be less than 14 days from the date on which the notice is given to the applicant. If the applicant does not make any representations or does not say that they wish to in that time period then the local authority can refuse the application or revoke or vary the licence. Where the applicant states they want to make representations the local authority has to give them a further period in which to do so, and only if they fail to do so can they refuse the application or revoke or vary the licence.

17. Where the applicant makes representations the local authority has to consider them and if the applicant states they want to make oral representations, the local authority must provide them with the opportunity to appear before a person appointed by the local authority for this purpose.

18. The requirement to allow an applicant to make oral representations means that it may be appropriate to refer relevant applications to the appropriate Portfolio Holder, and those applications where there are no questions about the suitability of the applicant can be delegated to the Director to make the decision on whether to grant the application

19. Alternatively, applications following representation could potentially be determined by the relevant Director and applications without objection by the Head of Environmental Health and Housing.

20. Where a local authority has refused an application, revoked a licence or varied a licence it must give the applicant or licensee notice of the decision, which also sets out the reasons for the decision. The notice also has to inform the applicant or licensee of their right to appeal the decision; the timeframe for making that appeal and where the licence has been revoked or varied the date under which that comes into effect.

21. Appeals against a decision by the local authority to refuse an application, to impose a condition on the licence or to revoke or vary the licence are to the magistrates’ court. The dealer has 21 days from the day on which they were given notice of the decision in which to appeal that decision. The magistrates’ court then has the power to confirm, vary or reverse the local authority’s decision and issue any directions it considers appropriate having regard to the Act.

22. A local authority has the limited ability to impose conditions on a licence. Conditions can only be imposed where the applicant or any site manager has been convicted of a relevant offence. In considering whether to issue a licence where the applicant or a site manager has a relevant conviction, the local authority might decide to do so on the basis that a condition is imposed on the licence.

Local authorities can only impose one or both of two conditions. These conditions specify that the dealer can only receive scrap metal between 9.00am and 5.00pm on any day, in effect limiting the dealer’s operating hours; and that any scrap metal received has to be kept in the form the dealer received for a set period of time. That period of time cannot exceed 72 hours.

23. The Scrap Metal Dealers Act also creates a national register of scrap metal dealer licences which will be open to the public. Establishing and maintaining this national register will be the responsibility of the Environment Agency and when local authorities issue a licence they are obliged to pass on information to enter on the register.

24. The change to legislation has been reported to the Community Focus Scrutiny Committee meeting taking place on the 12th September 2013.

25. Member are therefore requested to consider the report and: a) Note the requirement to determine the level of fees to be charged b) Recommend delegation for the determining of applications.

IMPLICATIONS This new legislation will have financial implications insofar as it will generate income as a result of the introduction of licensing fees but there will be a cost involved with regards to officer time in administering the regime. Fees will be set at such a level that the Finance total fee income will equate to the costs of administering the licensing regime in respect of scrap metal dealers. The fee levels would be subject to approval by Full Council in due course.

Legal As contained within the report. The change to the legislation is to provide effective and proportionate regulation of the scrap metal sector Community Safety which will support legitimate dealers and provide powers to effectively unscrupulous operators. Human Rights and Equalities None arising directly from the report. Sustainability and Environmental Impact None arising directly from the report. Health & Safety and Risk Management None arising directly from the report.

REPORT AUTHOR TEL DATE DOC ID Chris Hambly 01253 658422 2nd September 2013

LIST OF BACKGROUND PAPAERS Name of document Date Where available for inspection

68 Scrap Metal Dealers Act 2013 2013 Town Hall, Lytham St Annes Home Office Guidance on 12th August 2013 Town Hall, Lytham St Annes Licence Fee Charges LGA Guide to the Scrap Metal 5th August 2013 Town Hall, Lytham St Annes Dealers Act 2013

Attached documents

REPORT REPORT OF MEETING DATE ITEM NO

DEVELOPMENT SERVICES CABINET 18 SEPTEMBER 2013 11

PART ROOF REPLACEMENT ST ANNE’S SWIMMING POOL

PUBLIC ITEM

This item is for consideration in the public part of the meeting.

SUMMARY

This report relates to undertaking part roof replacement over the reception, changing rooms and plant room areas of St Anne’s Swimming Pool whilst the capital refurbishment project is being delivered.

The report sets out the context and details the receipt of quotations and makes recommendations to proceed with the project through the letting of a contract to complete the work.

Details of the proposed spend and the benefits of the project are identified in the report.

RECOMMENDATIONS 1. To note that Cruden Small Works Limited have been engaged under Sport England’s procurement framework on a design & build basis to deliver the St Anne’s Swimming Pool Sustainable Changing Village.

2. To approve the addition of the part re roof to the scope of the main contract with Cruden Small Works Limited.

3. That Cabinet approve the engagement of Contractor A as detailed in the report as a nominated sub- contractor under the main contract.

4. That Cabinet approve the fully funded addition to the capital programme in the sum of £35k in respect of the part re-roof of St Anne’s pool, to be met from the balance of £128k that is currently identified within the approved capital programme as ear-marked for capital replacement/refurbishment of St Anne’s pool.

5. To approve the variation in contract procedure rules as set out in section 3 (g) of the report.

CABINET PORTFOLIO

The item falls within the following Cabinet portfolio:

Planning and Development Cllr Trevor Fiddler Leisure and Culture Cllr Susan Fazackerley

SUMMARY OF PREVIOUS DECISIONS

Cabinet 26th June 2013 St Anne’s Pool Capital Investment

In reaching its decision,

Cabinet RESOLVED:

1. To authorise the works in relation to the improvement scheme at St Anne’s swimming pool as detailed in the body of report in the overall sum of £625k. The scheme is included in the Council’s approved 2013/14 capital programme. Funding for the scheme is provided by a grant from Sport England in the sum of £500k and a contribution from the YMCA in the sum of £100k with the balance of £25k being met by Fylde Council from sums within the capital programme that had been set aside for development works at St Anne’s pool.

2. To approve the entering into, and execution of, a funding agreement with Sport England to secure the grant funding.

3. To convey Cabinet’s thanks and appreciation to Darren Bell (Cultural Services Manager) for his dedication and excellent work in securing the grant for the project.

REPORT

1. Background

a. Members will be aware of the project to refurbish St Anne’s Swimming Pools entrance and changing accommodation.

b. Cruden Small works limited has been engaged on a design and build basis using the Sport England procurement framework.

c. The detailed design has been developed, planning permission obtained and works is scheduled to commence on 2nd September 2013 and be completed by Christmas 2013.

d. The existing swimming pool was built in 1984 with a High Tensile Elastomeric roof waterproofing system which was designed with a serviceable life of 10 years or more.

e. The roof has been patch repaired on a number of occasions and has far exceeded its design life after 29 years.

f. Some repairs were undertaken to the main pool hall roof at the time of the last refurbishment when the pool was reopened in 2010.

71 g. Recently investigations as a result of ingress of water have revealed that parts of the roof covering have now come to the end of their serviceable life.

2. Detail

a. The capital improvement project includes works to the entrance, reception area and changing rooms. The proposal is to re-apply a waterproof membrane designed to maintain, restore and upgrade the performance of the existing, aged roof system to an area of (in the region of) 763 square meters over the entrance, reception areas, changing rooms and plant room. The proposal is based on a sustainable industry standard specification known as the ‘Kemper System’.

b. The proposal would be to vary the original commission to Cruden to include the roof repairs, therefore they would act as the main contractor with an agreed sub-contractor.

c. Cruden have procured competitive quotations from experienced roofing contractors for the roof replacement in the order of (excluding VAT):

COMPANY A COMPANY B COMPANY C

£30,012 £42,900 £35,280

d. Under the terms of the main contract Cruden would require a management fee of 6.75% to manage the sub-contractor.

e. It is recommended that a contingency of 10% is allowed for to deal with any unforeseen issues once the existing roof covering is removed and the works are in progress. The contingency will only be used if necessary.

f. Therefore the full cost estimate of the works using contractor A would be:

Item Estimated Cost Flat roof replacement using Kemper System 763m² £30,012 Main contractor management fees @ 6.75% 2,026 Contingencies @ 10% of contract value 3,001 Total £35,039

3. Finance

a. The estimated total project cost is therefore £35k (rounded down), funded as follows:

b. The Council’s approved capital programme currently identifies £625k to deliver the sustainable changing village and a balance of £128k for essential capital repairs at St Anne’s pool (after the deduction of the £25k Council contribution to the improvement scheme as previously approved by Cabinet on 26th June 2013). If Cabinet is minded to agree the proposals in this report this would leave a balance of £93k within the approved Capital Programme for any further capital works at St Annes Pool that might be necessary in the future.

c. The roof repairs can’t be funded from the £625k as this is beyond the scope of the external grant funding. Members are requested to consider allocating £35k of the £128k for essential capital repairs to this project.

72 d. These schemes form part of the Council’s approved 2013/14 capital programme. Cabinet is therefore requested to approve the addition of the roof works to the Sustainable changing village project and sub contract the works through the main contractor to Contractor A in the sum of £35k to implement the roof replacement.

e. There are no additional ongoing revenue budget implications regarding this project. The roof will be continued to be maintained as per the lease agreement with the YMCA as part of the Councils revenue building maintenance programme.

f. The project is ‘fully funded’ through the Councils capital programme. For information the template identifying key risks associated with delivering the scheme is attached at (Appendix 1).

g. Contract procedure rules require that if the estimated amount of a sub-contract exceeds £10,000, tenders for the nomination must be invited and dealt with in accordance with these Rules as if the tenders invited were for a contract with the Council, unless the relevant chief officer considers that it is not reasonably practicable to obtain competitive tenders. In the case of the quotations for work to the pool roof, these have been obtained through the main contractor for reasons outlined earlier and not directly through the ‘Chest’. Value for money issues have been addressed by obtaining a number of competitive quotations for the work. Cabinet is asked to approve this variation of the contract procedure rules.

h. A plan showing the extent of the work is at appendix 2.

IMPLICATIONS This report requests that Cabinet approve the proposed works to the Finance Swimming Pool roof in the sum of £35k as detailed in the report, for immediate commencement. It is proposed that the works be funded from the approved capital programme for 2013/14 which currently contains provision for £128k of expenditure in relation to essential capital work at St Anne’s pool (after the deduction of the £25k Council contribution to the improvement scheme as previously approved by Cabinet on 26th June 2013). This would leave a balance of £93k within the approved Capital Programme for any further capital works at St Annes Pool that might be necessary in the future. Legal None arising from this report

Community Safety None arising from this report

Human Rights and Equalities None arising from this report

Sustainability and Environmental Considered in the body of the report Impact

Health & Safety and Risk Considered in the body of the report Management

REPORT AUTHOR TEL DATE DOC ID Andrew Dickson (01253) 658675 2nd September 2013

LIST OF BACKGROUND PAPERS

Name of document Date Where available for inspection

Report to Cabinet 26th June 2013 http://www.fylde.gov.uk/meetings/details/1086

Attached documents

Appendix 1 Risk assessment

Appendix 2 Plan of roofing works

74 Appendix 1 Risk assessment

Committee Risk Assessment Template

Directorate: Development Services Date of Assessment: 2nd September 2013 Section: Technical Services Assessment Team: Andrew Dickson/Peter Downs Assessment Activity / Area / Type: St Annes pool roof replacement Do the hazards create a business continuity risk? No RISK DESCRIPTION RISK SCORE RISK MITIGATION RESIDUAL RISK RISK OWNER / RISK (Likelihood x SCORE REGISTER Impact) (Likelihood x Impact)

Unforeseen defects with attendant costs 3x2=6 Contingency budget to deal with unforeseen 2x2=4 Andrew Dickson works. Project management practices will be adopted and a clerk of works appointed to oversee the works

Inclement weather delays 3x2=6 Project management practices will be adopted 2x2=4 Andrew Dickson and a clerk of works appointed to oversee the works

Works overrun 3x2=6 Project management practices will be adopted 2x2=4 Andrew Dickson and a clerk of works appointed to oversee the works

Risk Likelihood Risk Impact Multiply the likelihood by the impact and if the score is above 12 then 6 = Very High 1= Negligible mitigating action should be undertaken to reduce the risk. This action should 5 = High 2 = Marginal be recorded and monitored in either a directorate or corporate risk register. 4 = Significant 3 = Critical 3 = Low 4 = Catastrophic 2 = Very Low 1 = Almost impossible

75 76

REPORT REPORT OF MEETING DATE ITEM NO

DEVELOPMENT SERVICES CABINET 18 SEPTEMBER 2013 12

FYLDE WATER MANAGEMENT PARTNERSHIP

PUBLIC ITEM

This item is for consideration in the public part of the meeting.

SUMMARY

The report seeks agreement of formal member representation on the Fylde Peninsular Water Management Group and the Fylde Peninsular Coastal Programme Group any sub groups established.

RECOMMENDATIONS That the Cabinet nominate the Portfolio Holder for Environment and Partnerships to represent the authority on the Fylde Peninsular Water Management Group and the Fylde Peninsular Coastal Programme Group any sub groups established to deal with coast protection, surface water & drainage and water quality matters.

CABINET PORTFOLIO

The item falls within the following Cabinet portfolio:

Environment and Partnerships: Councillor Tommy Threlfall

SUMMARY OF PREVIOUS DECISIONS

Community Focus Scrutiny Committee 4th October 2012 Fylde Coast Bathing Waters

1. To note the work underway to improve Fylde bathing waters and to recommend to Cabinet that a further report on the matter be presented to the next meeting of the committee detailing the following:

Formal response to the questions raised by Councillor Oades Clarity on the 10 actions proposed to address the quality of bathing waters Clarity on the undertaking of the bathing water regulations and dates signs may be required. Clarity on what has been done on the DNA tracking on Fylde coast bathing waters As assessment on the appropriateness of undertaking a joint scrutiny review with Blackpool Council on the matter.

2. To thank the representatives of the various bodes for their attendance and input at the meeting.

Cabinet 21st November 2012 Community Focus Scrutiny Committee – Recommendations to approve the recommendations made by the Community Focus Scrutiny Committee held on 4 October 2012.

Community Focus Scrutiny Committee 29th November 2012 Fylde Coast Bathing Waters

1. To note the responses to the points raised at the previous meeting.

2. To ask the Chairman of Committee (Councillor Kiran Mulholland) to pursue the principle of a joint scrutiny with Blackpool Council and report back to the next committee.

Cabinet 16th January 2013 Community Focus Scrutiny Committee – Recommendations to approve the recommendations made by the Community Focus Scrutiny Committee held on 29 November 2012

Community Focus Scrutiny Committee 4th April 2013 Fylde Coast Bathing Waters

1. To note the updated report.

2. To ask the Chairman, Councillor Kiran Mulholland to further pursue a joint scrutiny approach with neighbouring authorities and work with the Director of Resources on the models available.

3. To present an updated report to a future meeting of the committee.

Cabinet 8th May 2013 Community Focus Scrutiny Committee – Recommendations to approve the recommendations made by the Community Focus Scrutiny Committee held on 4 April 2013

78 REPORT

1) Background/previous considerations a) The Fylde Peninsula Water Management Group (FPWMG) was set up in 2011 as a partnership between the Environment Agency, United Utilities, Blackpool, Fylde and Wyre Councils, Lancashire County Council and Keep Britain Tidy and looks at 3 aspects of water management: • Coastal Defence • Bathing Water Quality • Surface Water Management b) Blackpool Council chairs the group which currently meets on a monthly basis and also performs the project officer role for undertaking a number of projects, which have been commenced by the group. This project officer role is funded by the EA. Meetings are attended by Officers from the respective organisations and from Fylde by the Head of Technical Services and/or Chief Engineer. c) The Community Focus Scrutiny Committee has recently looked at the work of the group in tackling bathing water quality. Members at the April meeting considered an action plan to improve bathing waters across the Fylde Peninsula entitled ‘Improving our Bathing Waters’. 2) Representation on the Fylde Peninsular Water Management Group a) So far attendance at meetings of the FPWMG has been at an officer level and is part of the general Chief Officer delegations, “Liaising with partner organisations to implement shared strategies”. b) The Portfolio Holder for Environment and Partnerships has been regularly briefed and kept up to date with key outcomes from the group. Since the start of the Group there have been two Information Open Days held for relevant members from all local authorities to widen awareness and understanding. c) As the work of the Group has progressed there have been recent calls for elected member representation which has been agreed by the Group. This report therefore seeks to formalise this and asks that Cabinet nominate the Portfolio Holder for Environment and Partnerships to represent the authority on the Fylde Peninsular Water Management Group and any sub groups established to deal with coast protection, surface water & drainage and water quality matters. 3) Fylde Peninsular Coastal Programme Group a) Another key strand of work of the FPWMG is managing and overseeing the various coastal defence projects. This is done through the Fylde Peninsular Coastal Programme Group. Until now the projects discussed have been limited to Rossall in Wyre and Anchorsholme in Blackpool. These two projects have received substantial funding from DEFRA and are in the process of implementation and commencement later this year. b) The Fylde Strategic Appraisal Report (StAR) sets out the key coastal defence projects identified in Fylde. This takes reference from the Shoreline Management Plan previously adopted. The strategy is going through final consideration at DEFRA and once approved will form the framework for specific coastal defence projects at Fairhaven Lake, Church Scar, Granny’s Bay, Pleasure Island, Lytham Green and Lytham Creek. c) As work on these projects will be commencing shortly The Fylde Peninsular Coastal Programme Group has requested attendance of the Fylde Portfolio Holder to join the project executive. It is recommended that this representation is formalised by Cabinet.

IMPLICATIONS

Finance None arising from this report

Legal None arising from this report

Community Safety None arising from this report

Human Rights and Equalities None arising from this report

Sustainability and Environmental None arising from this report Impact

Health & Safety and Risk None arising from this report Management

REPORT AUTHOR TEL DATE DOC ID Andrew Dickson (01253) 658575 2nd September 2013

LIST OF BACKGROUND PAPERS

Name of document Date Where available for inspection

Report to CFSC 4th October 2012 http://www.fylde.gov.uk/meetings/details/995

Report to CFSC 29th November 2012 http://www.fylde.gov.uk/meetings/details/996

Report to CFSC 4th April 2013 http://www.fylde.gov.uk/meetings/details/998

Attached documents None

80 REPORT

REPORT OF MEETING DATE ITEM NO

RESOURCES DIRECTORATE CABINET 18 SEPTEMBER 2013 13

BUSINESS RATES – WRITE-OFF OF UNCOLLECTABLE DEBTS

PUBLIC ITEM This item is for consideration in the public part of the meeting.

SUMMARY

This report details debts in relation to Business Rate in excess of £10,000 submitted for write-off by the Revenues Shared Service. Under the Council Constitution the Head of the Shared Service (Revenues and Benefits) has delegated authority to write-off uncollectable business rate debts up to £10,000.

Additionally, the Council’s Constitution provides delegated authority to the Chief Financial Officer (Section 151 Officer) to write-off uncollectable debts up to £25,000. The Chief Financial Officer has recently exercised this delegated power by writing-off a number of uncollectable Business Rate debts, a detailed list of which is provided at Appendix A for information purposes.

Three uncollectable Business Rates debts for which write-off is requested are in excess of the £25,000 limit. Details of these are also provided at Appendix A and approval to write-off these debts is requested.

All of the uncollectable debts for which write-off is requested (or is being reported) relate to the period prior to April 2013 when the changes to the business rate accounting arrangements took effect. As such there is no impact upon the Councils financial position as a consequence of the writing off of these debts as the appropriate adjustments to the net payment to the Non-Domestic Rates National Pool were made as part of the closure process for the 2012/13 accounts.

RECOMMENDATIONS

1. Cabinet is recommended to approve the write-off of the three uncollectable Business Rates debts in excess of £25,000 details of which are provided at Appendix A this report; and

2. Cabinet is requested to note the six cases written off by the Chief Financial Officer under delegated powers, details of which are also set out in Appendix A to this report.

81 CABINET PORTFOLIO This report falls within Cabinet Portfolio:

Portfolio Title: Finance and Resources Councillor Name: Karen Buckley

SUMMARY OF PREVIOUS DECISIONS No previous decisions have been made by Cabinet in respect of these specific debts.

REPORT

Background

1. The Council is responsible for collecting substantial amounts of Business Rate (NNDR) income each year.

2. Historically, the Council’s overall collection rate of income for Business Rates is high with approximately 98% of all income due to the Council eventually collected.

3. Good recovery procedures are in place and the recovery teams within the Revenues and Benefits Shared Service pursue all monies due with vigour, and continue to explore new avenues of debt recovery in pursuit of challenging performance targets. Debt write-off is only considered in exceptional circumstances as a last resort when all other recovery options have been exhausted.

4. Where an amount outstanding has not been collected due to the debtor absconding, officers make enquiries of various agencies with a view to obtaining a forwarding address. Unfortunately, there are cases where it is not possible to trace the debtor and where action taken has been unsuccessful.

5. The Head of the Shared Service (Revenues and Benefits) has presented these debts for write-off and is satisfied that every effort has been made to recover the money owed to the Council. However, for absconders, should the Shared Service become aware of the debtor’s location, the amount written-off will be re-instated and action taken to recover the amount outstanding.

6. In some cases the debtor has been made bankrupt, or the company has gone into liquidation. The Council has little control in such instances. However, the debt, or part of it, may be re- instated at a later date upon payment of a dividend. Further information in relation to bankruptcy and liquidation terminology is provided at Appendix B.

Implications

7. The collection of revenue is of vital importance to the financial management of the Council. Failure to collect debts, and in a timely manner, has adverse implications to the Councils finances and cash flow.

82 8. All of the debts for which write-off is requested (or is being reported) within this report relate to the period prior to April 2013 when the changes to the business rate accounting arrangements took effect. As such there is no impact upon the Councils financial position as a consequence of the writing off of these debts as the appropriate adjustments to the net payment to the Non- Domestic Rates National Pool were made as part of the closure process for the 2012/13 accounts. Under the new system of Business Rate Retention, from 1 April 2013 a proportion of any Business Rate debts that are written-off will have to be met by the Council.

9. Legislation dictates that it is beneficial for the Council to write legitimate business rate debt off in relation to previous years. However, any debt written-off can be re-instated at a later date should there be an unforeseen opportunity to recover part or all of the debt.

10. The names of individual debtors have not been published because to do so may infringe the Data Protection Act 1998.

IMPLICATIONS The financial implications are detailed within the body Finance of this report. The names of individual debtors have not been published because to do so may infringe the Data Legal Protection Act 1998. There are no other legal implications arising from this report. Community Safety None Human Rights and Equalities None Sustainability and Environmental Impact None Health & Safety and Risk Management None

REPORT AUTHOR TEL DATE DOC ID Paul O’Donoghue 01253 658566 September 2013

LIST OF BACKGROUND PAPAERS Name of document Date Where available for inspection

None

Attached documents Appendix A – Information on debts written-off and for which write-off is requested Appendix B – Glossary of Terms

83 APPENDIX A Section 1: Debts in excess of £25,000: (Authority sought to write off debt)

National Non Domestic Rates Name Account Amount Reason Ref (£) Company A 51769055 £25,941.84 Individual Voluntary Arrangement The write off is in respect of the 2011/12 and 2012/13 financial years.

The business was a restaurant, and liability for the Rates ended on the 14th September 2012. On the 12th December 2012 the owner was granted an Individual Voluntary Arrangement as an alternative to Bankruptcy. This prevents the Council from taking further action, it has however submitted a claim for the amount Rates written off to the Official Receiver / Trustees.

Company B 51599324 £44,261.40 In Administration The write off is in respect of the financial years 2010/11, 2011/12 and 2012/13.

This company had been struggling to pay, and after entering into a number of payment arrangements with the Council, the account was issued to a bailiff. The bailiff was unable to secure payment and was obliged to return the case in May 2012 when the Company went into administration.

No further recovery action could then be taken and the Council submitted a claim to the Official Receiver / Trustees for the amount written off.

Company C 51577850 £28,140.40 Liquidation This write off is in respect of the 2009/10, 2010/11 and 2011/12 financial years.

Having obtained Liability Orders at the Magistrates Court, the Council entered into a number of payment arrangements with the Company to try and allow the business to continue trading. Some payments were received, however the Company went into liquidation in April 2012.

The Council has submitted a claim for the amount written off to the Official Receiver / Trustees.

Section 2: Debts under £25,000: (For information only)

National Non Domestic Rates Name Account Amount Reason Ref (£) Company D 51761884 £20,154.15 Company ceased to Trade

Company E 51755971 £18,469.42 Company ceased to Trade

The write-off for these Companies are in respect of the 2010/11, 2011/12 and 2012/13 financial years. Bailiffs have been instructed on more than one occasion to try and obtain

84 payment or seize goods from these companies prior to them ceasing to trade. In December 2012 the Council successfully objected to a proposal for these companies to be struck off at Companies House, which allowed the re-issue of the case to the bailiff.

The case has however had to be returned as a Director of both Companies has since been committed to prison, leaving the Council with no opportunity to recover the outstanding amounts. Company F 51677491 £16,335.36 Company ceased to Trade The write off is in respect of the financial years 2010/11, 2011/12, and 2012/13. The rates were due on an empty restaurant, and attempts by the bailiff to recover the amounts due were unsuccessful. The Company ceased to trade in August 2012, and attempts have been made to secure payment from the Company owners at their home address. This has however proved unsuccessful. Person A 51755124 £20,149.56 Ceased to Trade The amounts to be written off are in respect of the financial years 2010/11, 2011/12 and 2012/13. This was a tenanted public house, but the licensee ceased to trade in February 2012. The owner had been having serious health problems, and in an attempt to assist the Brewery appointed a Temporary Manager and waived its rent for the property. The owner has since left the premises and enquiries have revealed that he has no assets or means of payment. Person B 51618959 £15,652.62 Ceased to Trade The write off is in respect of the financial years 2008/09, 2009/10, 2010/11, 2011/12, and 2012/13. This business was a café which made repeated payment arrangements, and attempts to pay. It eventually closed voluntarily following a Health and Safety Inspection, and there was no reasonable chance of recovering the amounts outstanding. The business has now re-commenced trading, and the amounts may be written back on for further recovery action should that become achievable. Person C 51494788 £15,092.24 Ceased to Trade The write off is in respect of the financial years 2011/12, and 2012/713. The licensee of this public house ceased trading in December 2012. The licensees’ husband is believed to have left the property in 2011, before being declared bankrupt in January 2013. The licensee also tried to enter into an Individual Voluntary Arrangement in October 2012 however the proposal was rejected. Bailiffs have been instructed on more than one occasion, however they have been unable to obtain payment or identify sufficient assets to realise the amount due. The former licensee has insufficient assets or means to make payment.

85 APPENDIX B TERMINOLOGY

Bankruptcy

Bankruptcy is a legal proceeding involving an individual, sole proprietor or partnership that is unable to repay outstanding debts when they become due. It is a legal procedure petitioned either by the debtor (voluntary), or by creditors (involuntary), when the debtor is unable to make his or her payments.

A trustee is appointed by the court to measure, evaluate and dispose of the debtor’s assets and distribute any proceeds to the creditors.

The debtor is relieved of the debt obligations incurred, prior to filing for bankruptcy.

Liquidation

Where a Limited Company cannot meet its debts and calls a creditors meeting to have the company voluntarily wound up, or where a creditor has petitioned the court for a compulsory winding-up order.

A Liquidator is appointed to dispose of any assets and distribute any proceeds to the creditors.

Receivership & Administration

Voluntary administration is where a business is in danger of becoming insolvent and has an administrator appointed in order to try to improve the financial viability of the business and to come to an agreement with creditors. Receivership is where a Limited Company cannot meet its debts and a creditor(s), usually a debenture holder or a mortgagee, has applied to the court for the appointment of a receiver or administrator. Unlike liquidation, the business may not necessarily be wound up.

The task of the receiver or administrator is to protect the interest of the appointer, not the creditors as a whole. He will attempt to sell the business as a going concern, whether as a whole or in part. Any remaining proceeds from the sale will be distributed to the creditors after the debenture or mortgage has been paid.

In administrative procedures for all the above cases, Proof of Debt forms are submitted to the Insolvency Practitioner before the debt is submitted for write-off.

Proposal to strike off - Dissolution

A company may apply to the registrar to be struck off the register and dissolved. The company can do this if it is no longer needed. For example, the directors may wish to retire and there is no one to take over from them; or it is a subsidiary whose name is no longer needed; or it was set up to exploit an idea that turned out not to be feasible. Some companies who are dormant or non-trading choose to apply for strike off. A company cannot apply to be struck off if it is the subject of: • any insolvency proceedings such as liquidation, including where a petition has been presented but has not yet been dealt with); or

86 • a section 895 scheme (that is a compromise or arrangement between a company and its creditors or members).

Or, within the last three months, it has traded, changed its name, or engaged in other activity, unless necessary for the purposes of concluding the affairs of the company.

However, a company can apply for strike off if it has settled trading or business debts in the previous three months.

There are safeguards for those who are likely to be affected by a company's dissolution. If the company has creditors, they should be warned of the proposal before application, as any of them may object to the company being struck off. This procedure is not an alternative to formal insolvency proceedings where these are appropriate. Even if the company is struck off and dissolved, creditors and others can apply for the company to be restored to the register. The registrar can strike a company off the register if he views that it is neither carrying on business nor in operation, for example: • he has not received relevant documents (eg. accounts) from a company that should have sent them to him; or • mail that the registrar has sent to a company's registered office is returned undelivered; or • the company has no directors.

The registrar publishes a notice in the relevant Gazette stating his intention to strike the company off the register unless he is shown reason not to do so. Company house records will show “action - proposal to Strike off” and this indicates there is dissolution pending. If the registrar sees no reason to do otherwise, he will strike off the company not less than three months after the date of the notice. The company will be dissolved on publication of a further notice in the relevant Gazette. In administering these cases, the outstanding debt is written off on systems but records at Companies House are continually checked to confirm that the dissolution of the company has been completed.

Individual Voluntary Arrangement (IVA)

An IVA involves a formal proposal to creditors to pay part or all of the debt. An insolvency practitioner will act for the debtor and application is through the court for an “Interim Order” which prevents creditors from presenting, or proceeding, with a bankruptcy petition against the debtor while the interim order is in force. It also prevents them from taking other action against the debtor during the same period, without the permission of the court. The Insolvency Practitioner tells the court the details of the proposal and whether in his opinion a meeting of creditors should be called to consider it. At the meeting, the creditors vote on whether to accept the proposals. If enough creditors (over 75% in value of the creditors present in person or by proxy, and voting on the resolution) vote in favour, the proposals are accepted. They are then binding on all creditors who had notice of, and were entitled to vote at, the meeting. The insolvency practitioner supervises the arrangement and pays the creditors in accordance with the accepted proposal.

87 The IVA avoids the restrictions that apply to bankruptcy and gives the debtor more say in how his assets are dealt with and how payments are made to creditors. He may be able to persuade creditors to allow him to retain certain assets (such as the home). The debtor will obviously have to act responsibly and flexibly in order to reach agreement with the creditors.

Cabinet

Date: Wednesday, 26 June 2013

Venue: Town Hall, St Annes

Cabinet members: Councillor David Eaves (Leader of the Council) Councillor Susan Fazackerley (Deputy Leader) Councillors Karen Buckley, Dr Trevor Fiddler, Cheryl Little, Albert Pounder, Thomas Threlfall

Other Councillors: Councillors Christine Akeroyd, Fabian Craig-Wilson, Leonard Davies, Kiran Mulholland, Edward Nash

Officers: Allan Oldfield, Clare Platt, Paul O’Donoghue, David Gillett, Lyndsey Lacey, Ross McKelvie

Members of the public: 3 members of the public were present

1. Declarations of interest

Members were reminded that any disclosable pecuniary interests should be declared as required by the Localism Act 2011 and that any personal or prejudicial interests should be declared as required by the Council’s Code of Conduct.

Councillor Albert Pounder declared a personal and prejudicial interest in item 10 relating to the Community Parks Improvement Programme and withdrew from the meeting.

2. Confirmation of minutes

RESOLVED: To approve the minutes of the Cabinet meeting held on 8 May 2013 as a correct record for signature by the Chairman.

3. Urgent items

There were no urgent items.

89 4. Policy Development Scrutiny Committee - Recommendations

Councillor Fabian Craig-Wilson (Chairman of the Policy Development Scrutiny Committee) presented the recommendations made by the Committee at its meeting held on 23 May 2013 (previously circulated).

The scrutiny committee recommended the following to Cabinet for approval:

1. Allocation Policy and Tenancy Strategy for Social Housing in the Borough 1. The consultation results be noted. 2. To recommend that Cabinet adopt the draft Housing Allocation policy. 3. To recommend that Cabinet approve the Fylde Coast Tenancy Strategy.

2. Empty Residential Property Position Statement 1. To monitor the effects of the changes to the council tax discount scheme and report on these to the November meeting of this committee. 2. To review the Action areas at the November meeting and in particular to consider whether there will be a necessity to recommend the utilisation of the actions suggested in Action area 3. 3. To present an annual report following on from the review at the November meeting which monitors the progress of the strategy.

Councillor Karen Buckley enquired about the consultation exercise undertaken in relation to 1 above. In particular, she asked what the challenges were and what action was proposed to be undertaken for future consultations. In doing so, she suggested that recommendation 1.1 be broadened to address and improve methods of consultation. With regard to item 2 above, Councillor Buckley asked whether any individual empty properties had been reported for investigation by members. She further commented that there should be a note of caution regarding any requests for additional resources in the future to accommodate such an initiative. The above questions were addressed in turn by the Chairman, Councillor Craig- Wilson.

In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED that subject 1.1 being amended on lines detailed above, to approve the recommendations made by the Policy Development Scrutiny Committee held on 23 May 2013.

5. Community Focus Scrutiny Committee - Recommendations

Councillor Kiran Mulholland (Chairman of the Community Focus Scrutiny Committee) presented the recommendations made by the Committee at its meeting held on 13 June 2013 (previously circulated).

The scrutiny committee recommended the following to Cabinet for approval:

90 1. Fylde Coast Bathing Waters 1. To note the position of Blackpool Council on its scrutiny activity and to make arrangements for representation at the November meeting following the publication of the 2013 bathing season water quality results. 2. To ask the Director of Development Services to progress the multi agency approach with a view to presenting periodic reports to the scrutiny committee on the monitoring of key organisations in their endeavours to improve bathing water quality in the North West.

2. Interim Report- Club Day Support Task and Finish Group 1. To note the interim findings of the Task and Finish Group and await the full and final report in due course.

3. Lowther Gardens Trust – Governance Arrangements 1. To recognise the commitment of the Trust in developing governance processes further. 2. To invite a representative of the Trust to a subsequent meeting to discuss progress and present the annual report. 3. To endorse the transfer of title to Lowther Gardens (including the Pavilion) to the Official Custodian for Charities. 4. To endorse execution of any other documents which are necessary or expeditious to facilitate the transfer to the Official Custodian. 5. To endorse the arrangements by which the council maintains the grounds and manages the associated leisure activities through the development of a further Service Level Agreement between and the Council and the Lowther Gardens Trust. 6. To ask the Trust to consider accepting the recommendations contained in the Governance Review Report. Cabinet asked for further details on the Fylde Coast Bathing Water review. In addition, an update on the work of the Task and Finish Group in relation to Club Days and other ongoing task and finish groups was sought. These are addressed by Councillor Mulholland.

In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED to approve the recommendations made by the Community Focus Scrutiny Committee held on 13 June 2013.

6. Information and Communications Technology Training and Development Strategy/ Action Plan for Elected Members Councillor Edward Nash (Chairman of the Member Development Steering Group) was invited to present the revised Information and Communications Technology Training and Development Strategy for elected members. In doing so, he explained that the document had been refreshed and revised by the Council’s Member Development Steering Group and is commended to the Cabinet for approval.

91 Councillor Nash went on to say that the document formed part of the Council’s commitment to gain re-accreditation under the North West Charter for Elected Member Development. A copy of the revised Strategy/Action Plan was attached as an appendix to the report. In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED: 1. To approve the revised Strategy and Action Plan. 2. To convey Cabinet’s thanks and appreciation to all the staff involved in implementing the mobile devices trial.

7. The Corporate Plan 2013-16

David Eaves (Leader of the Council) presented a report on the proposed Corporate Plan for the period 2013-2016. In doing so, he outlined some minor adjustments that had been made via the Service Planning process to the key actions, targets and outcomes for the Authority and the wider community. A copy of the revised version of the Corporate Plan for 2013-16 was included as an appendix to the report. In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED: 1. To agree to the proposed Corporate Plan for 2013-16 and recommend it for scrutiny prior to approval by Full Council. 2. To review the Corporate Plan on an annual basis with the key short term actions updated through the Service Planning Process.

8. Medium Term Financial Strategy (MTFS) - General Fund Revenue, Capital Programme & Treasury Management Outturn Position for 2012/13

Paul O’Donoghue (Chief Financial Officer) presented a comprehensive report on the General Fund Revenue, Capital Programme & Treasury Management Outturn position for 2012/13. In doing so, he indicated that throughout the year there had been a close control of expenditure by Management Team and budget holders’ in response to the uncertainty surrounding the Government’s Comprehensive Spending Review, and that this activity had resulted in the generation of in-year savings throughout the year. He added that on-going modernisation work and business improvement continue to make the council services more efficient. The report provided the background and an overview of the major variations between the latest approved budget and the actual outturn expenditure and quantified the impact on the Council’s reserves. The report also included details of the Treasury Management operations for the financial year. Cabinet was advised that work was still ongoing and some minor variations might be identified which would be reported in future Medium Term Financial Strategy (MFTS) updates. In terms of the General Fund revenue outturn position, Mr O’Donoghue explained that the outturn position was an underspend of £430k, and that a full detailed breakdown of the variances making up this underspend was provided in Appendix B of the report. He added that there were a number of budget variances arising from slippage and other adjustments that were recommended for operational effectiveness. These items totalled £73k and were listed in Appendix C of the

92 report. He explained that the underlying underspend after accounting for this slippage was reduced from £430k to £357k, and went on to detail the recommended transfers to reserves proposed in the report. Cabinet was advised that the level of general fund revenue reserves, which had been further supplemented at the end of the 2012/13 financial year to a level of £4.727m (after accounting for slippage), ensured that the Council had a robust financial forecast over the medium term.

Mr O’Donoghue then went on to outline the Capital outturn position. He explained that after allowing for slippage, the outturn position had produced an underlying favourable under spend of £411k compared to the last forecast reported to members. He added that £289k of this underspend was in direct relation to the ‘Boxes to Bins’ Scheme efficiencies with a further £94k being realised through additional capital receipts. In terms of the Treasury Management position, Cabinet was advised that no new borrowing had been taken out during 2012/13; the level remained at £3.8m throughout the year and that the average interest payable was 2.75%. Furthermore, the Council had complied with all of its prudential Indicator limits for 2012/13, details of which were set out in Appendix E of the report.

In conclusion, Mr O’Donoghue stated that the report represented an improvement in the Council’s General Fund Revenue forecast balances position compared with previous budget forecasts. He added that his improved position would leave the Council well placed to face these uncertainties and ensure that any future savings requirements could be planned and phased over a longer period than would otherwise be the case. Councillor Buckley (Portfolio Holder for Finance and Resources) expressed her grateful thanks to the finance team and budget holders for achieving a robust position during a challenging period with particular reference to the delivery of an underspend position. The Leader of the Council and other members of Cabinet endorsed the good housekeeping and tight budget control undertaken which had achieved excellence during 2012/13. In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED: 1. To approve the General Fund Revenue Outturn expenditure and slippage as set out in Sections 2 to 5, and Appendix C (revenue budget slippage items) of the report; 2. To approve the transfers to and from earmarked reserves as set out in paragraphs 2.5 and 2.8 of the report; 3. To approve the Capital Outturn as set out in sections 6 to 9, the capital slippage detailed in Appendix E, and the proposed capital financing as set out in Table 6 of the report, and; 4. To approve the Treasury Management Annual Report as set out in sections 10 to 12 and the actual Prudential Indicators set out in Appendix F of the report.

9. Allocation Policy and Tenancy Strategy for Social Housing in the Borough

David Gillett (Head of Environmental Health and Housing Services) was invited to present the report. He explained that although the Council did not own or manage any social housing stock, all local authorities are required to have an Allocation Policy and Tenure Strategy to inform housing providers in the Borough. The report presented a summary of the proposed changes to the

Council’s housing allocation policy along with a final Housing Allocation Policy and final Fylde Coast Tenancy Strategy. Cabinet was advised that the draft Housing Allocation Policy and draft Tenure Strategy were considered at the meeting of the Policy Development Scrutiny committee on the 10th January and 23rd May 2013. Both policies were recommended for approval by Cabinet. Members of Cabinet asked about various aspects of the Policy and Strategy with particular reference to: . How RSL apply the Allocation Policy across the borough; . Priority banding arrangements . Number of lets in the various bandings; . Number on the register and breakdown of categories . Application of the social rent v affordable rent model; . Allocation Policy in relation to EU and non EU migrants; . Local connection arrangements; . Monitoring arrangements; . Home for Life Policy. Mr Gillett provided a comprehensive response to each question in turn. In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED: 1. To approve and adopt the final draft Housing Allocation Policy. 2. To approve and adopt the final draft Fylde Coast Tenancy Strategy.

10. Community Parks Improvement Programme

Councillor Susan Fazackerley (Portfolio Holder for Leisure and Culture) introduced a report on the community parks development programme. The report sought approval for the use of section 106 contributions for the provision of open space facilities within Staining as detailed in the report. In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED: 1. To approve a fully funded revenue budget increase in the sum of £147,175 in 2013/14 to be met from section 106 monies currently held by Fylde Borough Council for public open space provision and; 2. To agree to allocate that amount to Staining Parish Council for the improvement of public open space on condition that the parish council be required to enter into an agreement with Fylde Borough Council, prior to release of funds, and to provide details of how the funds have been used within 12 months of the allocation.

94 11. St Annes Pool - Capital Investment

Councillor Susan Fazackerley (Portfolio Holder for Leisure and Culture) was invited to present a progress report on the refurbishment of St Annes pool which sought to draw down the remaining funding from the capital programme and enter into a funding agreement with Sport England. Details with respect to this matter were set out in the report. In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED: 1. To authorise the works in relation to the improvement scheme at St Annes swimming pool as detailed in the body of report in the overall sum of £625k. The scheme is included in the Council’s approved 2013/14 capital programme. Funding for the scheme is provided by a grant from Sport England in the sum of £500k and a contribution from the YMCA in the sum of £100k with the balance of £25k being met by Fylde Council from sums within the capital programme that had been set aside for development works at St Annes pool. 2. To approve the entering into, and execution of, a funding agreement with Sport England to secure the grant funding. 3. To convey Cabinet’s thanks and appreciation to Darren Bell (Cultural Services Manager) for his dedication and excellent work in securing the grant for the project.

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Special

Cabinet

Date: Tuesday, 2 July 2013

Venue: Town Hall, St Annes

Cabinet members: Councillor Susan Fazackerley (Deputy Leader) Councillors Dr Trevor Fiddler, Cheryl Little, Albert Pounder, Thomas Threlfall

Other Councillors: Councillors Christine Akeroyd, Fabian Craig-Wilson, Kevin Eastham

Officers: Allan Oldfield, Andrew Dickson, Lyndsey Lacey, Murray Don, Ross McKelvie

Members of the public: No members of the public were present

1. Declarations of interest

2. Urgent items

There were no urgent items.

3. Accommodation Project - Town Hall Reroofing Works

Dr Trevor Fiddler (Portfolio Holder for Finance and Resources) introduced the report on the accommodation project with specific reference to the reroofing of the Town Hall and Chasley buildings, St Annes. The report set out the background and context of the project. It also provided an overview of sites previously agreed for asset disposal, project costs incurred together with details of the next stage of the refurbishments works. In addition, the report highlighted the scheme details; information on the quotations received/ associated financial implications and proposed arrangements for the letting of the contract. Attached as appendix to the report was a copy of the Risk Assessment and a plan of the scheme.

96 Councillor Little enquired about the proposed part-time Clerk of Works recommended to oversee the reroofing works. Andrew Dickson (Head of Technical Services) responded to this point and confirmed that the post would be funded from existing revenue budgets. He went on to say that it is important to ensure the quality of the work undertaken is to standard and effective. Councillor Threlfall further enquired about the quotations received for the works and whether the Council had chosen the cheapest quote in line with best value. Mr Dickson confirmed this to be the case and went on to say that the company appointed was a reputable firm that had been established since the 1930s. In reaching its decision, Cabinet considered the details set out in the report before it and at the meeting and RESOLVED:

1. To approve the proposed works to the Town Hall/Chasley roof as detailed in the report for immediate commencement.

2. To approve the works being funded from the 2013/14 capital programme scheme of £2,784,000 for the Accommodation Project using the balance of the receipt from the disposal of the St David’s Road North site in the sum of £261,120 thus ensuring that the Accommodation Project works retains the requirement, as previously determined, to be fully funded from the disposal of surplus assets.

3. To approve the letting of the Town Hall/Chasley reroofing (and other associated works) contract to W. Monks (Longridge) Ltd in the sum of £250,171.

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