BOROUGH COUNCIL

BURNLEY TOWN HALL

Tuesday, 15th December 2009

PRESENT

MEMBERS His Worshipful The Mayor (Councillor John Harbour) in the Chair:

Councillors Zaheer Ahmed, Bill Bennett, Gordon Birtwistle, Justin Birtwistle, Charlie Briggs, Lynne Briggs, Bill Brindle, Charlie Bullas, Frank Cant, Ida Carmichael, Julie Cooper, Derek Dawson, Peter Doyle, Roger Frost, Iris Gates, Allen Harris, Karen Heseltine, Michael Heys, Imtiaz Hussain, John Jones, Anne Kelly, Wajid Khan, Margaret Lishman, Maureen McCaffrey, Peter McCann, Mohammed Malik, Elizabeth Monk, Darren Reynolds, Paul Reynolds, Martin Smith, Jeff Sumner, Andrew Tatchell, David Thomson, Linda White and Sharon Wilkinson.

OFFICERS Steve Rumbelow - Chief Executive David Brown - Director of Environment Mick Cartledge - Director of Community Services Nick Aves - Director of Resources Mike Cook - Director of Regeneration & Housing Tom Forshaw - Head of Chief Executives Office Jeremy Richards - Communications Officer Imelda Grady - Democracy Officer Elaine Newsome - Democracy Officer David Farrar - Mayor’s Officer

76. Minutes

The Minutes of the ordinary meeting of the Council held on the 21st October 2009 were confirmed and signed by the Chair.

77. Declaration of Interest

Councillor Elizabeth Monk declared a personal and prejudicial interest in Minute No. 78 and took no part in the debate.

Councillor Jeff Sumner declared a personal and prejudicial interest in Minute No. 78 and took no part in the debate.

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78. Public Question Time

Mr John Rowe addressed the Council under the Request To Speak Policy on the purchase of Wood Top School, Road, Burnley

Councillor Elizabeth Monk addressed the Council under the Request to Speak Policy on the proposed level of grant funding to Burnley and District Citizens Advice Centre.

It was moved by Councillor Gordon Birtwistle and seconded by Councillor Charles Bullas that:

Item 14 on the agenda, Burnley and District Citizens Advice Service be brought on to the public agenda and considered at Item 6(a)1.

On being put to the vote the motion was declared to be carried and it was RESOLVED ACCORDINGLY.

79. Notices of Motion

It was moved by Councillor John Jones and seconded by Councillor Sharon Wilkinson that:

“For the sake of the environment this Council asks that all supermarkets and self-service stores within the Borough charged a minimum of 3 pence per plastic carrier bag to the customer.

The mover and seconder of the motion accepted an amendment proposed by Councillor Roger Frost and seconded by Councillor Margaret Lishman to insert the words

“and that customers be urged to take their own bags to supermarkets and stores when undertaking their shopping.”

On being put to the vote the motion as amended was declared to be carried and it was RESOLVED ACCORDINGLY.

It was moved by Councillor Julie Cooper and seconded by Councillor Frank Cant:

“This Council recognises the achievements of Burnley and District Citizens Advice Bureau and the vital role they play in ensuring that local citizens receive appropriate advice with their problems.

In particular the Council acknowledges the recent improved service levels that have been recorded with the number of clients rising from 412 per month in April and May to 720 per month in September and October. This is particularly important at this time as the needs of the community are rising as the effects of the credit crunch are widely felt.

The Council would like to thank BDCAS for their efforts and reassure them that Burnley Borough Council will continue to fund their work at current

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levels.”

On being put to the vote the motion was declared to be lost.

80. Burnley and District Citizens Advice Bureau (BDCAS)

With reference to Minute No. 125 (8th December 2009) of the Executive consideration was given to the 2010/11 level of grant support to BDCAS.

RESOLVED 1. That approval be given to an allocation of £105,285 to BDCAS in the 2010/11 financial year.

2. That approval be given to a further in principle grant allocation grant of a maximum of £77,500 in the 2011/12 financial year.

81. Report from the Independent Remuneration Panel on the Members’ Allowance Scheme for 2010/11

Mr Terry Hephrun, member of the Independent Remuneration Panel presented the panels report.

Consideration was given to the findings of the Independent Remuneration Panel in respect of the Members’ allowance scheme for 2010/11 as required by the local authorities (Members Allowances) (England) Regulation 2003.

RESOLVED That the report be noted and the panel be thanked for their report.

82. Revision of the Redundancy, Redeployment and Pay Protection Policies

With reference to Minute No. 127 (8th December 2009) of the Executive consideration was given to changes to the Council’s Redundancy Policy including the Redeployment Policy the Retention and Redeployment Policy (Disability, Injury or Ill Health) and the Pay Protection Policy.

RESOLVED That approval be given to the changes to the Council’s Redundancy, Redeployment Retention and Redeployment (Disability, Injury or Ill-Heath) and Pay Protection Policies.

83. Gambling Act Statement of Principles

With reference to Minute No. 126 (8th December 2009) ofthe Executive consideration was given to the Gambling Act Statement of Principles (Policy) for the period January 2010 to December 2012.

RESOLVED That approval be given to the Gambling Act Statement of Principles for the period January 2010 to December 2012.

84. Purchase Assistance Loans

With reference to Minute No. 130 (8th December 2009) of the Executive

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consideration was given to the adoption of the Purchase Assistance Loans (Market Support Policy).

RESOLVED That approval be given to the provision within the Council’s budget for the estimated costs of up to £5000 to be incurred in 2009/10.

85. Tourist Information Centre

With reference to Minute No. 132 (8th December 2009) of the Executive consideration was given to an increase in the capital programme budget for the future delivery of the Burnley Tourist Information Centre.

RESOLVED That approval be given to an increase in the capital programme budget to £48,311.

86. Weavers Triangle Regeneration Programme Budget

With reference to Minute No. 131 (8th December 2009) of the Executive consideration was given to the budget for the Weavers Triangle Regeneration Programme.

RESOLVED 1. That approval be given to the budget for the Weavers Triangle programme for the period to 2014/15 as submitted.

2. That approval be given to the revision to the Weavers Triangle budget for 2009/10 to £777,500.

87. Revenue Budget Savings Proposals 2010/11

With reference to Minute No. 134 (8th December 2009) of the Executive consideration was given to proposals for meeting efficiency, service priority and value for money savings as part of the process for producing the Council’s 2010/11 revenue budget.

RESOLVED That approval be given to the £432,000 savings, amended as a result of the revised grant allocation to BDCAS, as submitted.

88. Fees & Charges 2010/11

With reference to Minute No. 135 (8th December 2009) of the Executive consideration was given to the proposed fees and charges from the 1st January 2010.

RESOLVED 1. That approval be given to the proposed tariff of fees and charges from 1st January 2010.

2. That the Head of Finance in consultation with the relevant Head of Service be granted delegated authority to determine any new charges or changes to existing charges relating to the preparation and approval of the 2010/11 revenue budget.

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3. That Executive Portfolio Members be granted delegated authority to amend fees and charges periodically in their own area on the basis that overall income in their portfolio area remains the same.

4. That the Head of Markets in consultation with the Executive Member for Resources and Director of Environment be granted delegated authority to adjust fees and charges in relation to the Market Service from time to time to reflect current trading conditions and the overall position of the Market.

89. Medium Term Financial Strategy – Use of Earmarked Reserves

With reference to Minute No. 136 (8th December 2009) of the Executive consideration was given to the use of the Council’s earmarked reserves.

RESOLVED 1. That the first call on any savings in the current financial year is to increase the balance in the financial instrument shortfall reserve up to £1m.

2. That any further sums that may be available are used to establish a pensions reserve.

3. That the local authority business growth incentive reserve and the local housing allowance reserve are closed at 31st March 2010.

4. That no amendment is made to the remaining earmarked reserves.

90. Amendments to Part 5 of the Constitution

Consideration was given to amendments to Part 5 of the Council’s Constitution relating to Codes and Protocols.

RESOLVED That approval be given to the revised Codes and Protocols in Part 5 of the Council’s Constitution for Parts 5.1, 5.3, 5.4 and 5.5 as submitted.

91. Calendar of Meetings 2010/11

Consideration was given to the proposed calendar of meetings relating to the 2010/11 municipal year.

RESOLVED 1. That approval be given to the calendar of meetings for the 2010/11 municipal year as submitted.

2. That the Head of Chief Executives Office be granted delegated authority to add dates of the Local to the 2010/11 municipal calendar.

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92. Amendment to Part 3 of the Council’s Constitution

Consideration was given to a report seeking approval for amended delegations to allow for Members to request planning applications be heard at Development Control Committee rather than determined by officers under the Scheme of Delegation.

RESOLVED That Part 3 of the Council’s Constitution regarding the Council functions of the Scheme of Delegation be amended regarding the Head of Planning and Environment relating to planning application consideration as follows:

Where 3 Members have indicated that they wish the application to be considered by Development Control Committee – Members wishing this to happen must notify the Head of Planning and Environment or her Deputy within 10 days of the application being placed on the weekly list of planning applications and Members must give material planning reasons for their request. The Head of Planning and Environment will determine whether these reasons are material and arrange for the application to be placed on the agenda for Development Control Committee.

93. Appointments to Outside Bodies 2009/10

Consideration was given to the qualified appointment of an Executive Member as the substitute Member to the Pennine Lancashire Leaders and Chief Executives Joint Committee for the remainder of the municipal year 2009/10.

Consideration was also given to confirmation of the appointment of the Chief Executive as the Council’s sole representative on the Burnley Education Trust for the remaining municipal year 2009/10.

RESOLVED 1. That the Deputy Leader be the qualified appointment as the substitute Member on the Pennine Lancashire Leaders and Chief Executives Joint Committee (PLLACE).

2. That the Chief Executive be confirmed as the sole appointee to Burnley Education Trust (BET).

94. Strategic Plan Progress Reports and Minutes of Committees

RESOLVED That the strategic plan progress reports from the Executive Members and the minutes of the meetings of the following committees held on the dates shown be received and the decisions contained in them be noted.

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Committee Date

Executive 10th November 2009 Executive 8th December 2009 Development Control 29th October 2009 Development Control 26th November 2009 Licensing 5th November 2009 Better Services 24th November 2009 Economy 25th November 2009 Leadership & Community 1st December 2009 Environment & Housing 2nd December 2009 Standards Committee 11th November 2009

95. Exclusion of the Public

RESOLVED That the public be excluded from the meeting before discussion took place on the following items of business on the grounds that in view of the nature of the business to be transacted if the public were present there would be a disclosure to them of exempt information in the meaning part VA of the Local Government Act 1972.

Minute No’s Relevant Description

96, 97 98, 99 Information relating to the financial or business affairs of any particular person including the Authority holding that information.

96. Asset Management Land at Oswald Street

With reference to Minute No. 141 (December 2009) of the Executive consideration was given to the funding of site remediation of land at Oswald Street.

RESOLVED That approval be given to the forward commitment of expenditure in 2010/11.

97. Asset Management Land at Raglan Road

With reference to Minute No. 142 (December 2009) of the Executive consideration was given to the funding of site remediation of land at Raglan Road.

RESOLVED That approval be given to the forward commitment of expenditure in 2010/11.

98. Asset Management Land at Hurtley Street

With reference to Minute No. 143 (December 2009) of the Executive consideration was given to the funding of site remediation of land at Hurtley Street.

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That approval be given to the forward commitment of expenditure in 2010/11.

99. Asset Management Land at Oxford Road/Branch Road

With reference to Minute No. 144 (December 2009) of the Executive consideration was given to the funding of site remediation of land at Oxford Road/Branch Road.

That approval be given to the forward commitment of expenditure in 2010/11.

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