Venue: Remote Meetings - livestream on Youtube
Contact: Eric Dickinson/Alison McEwan Democracy Officers
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Apologies To receive any apologies for absence. Minutes: There were no apologies received. |
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To approve as a correct record the Minutes of the remote meeting held on Thursday, 11th August 2020. Minutes: The minutes of the last meeting held on 11th August 2020 were noted. |
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Declarations of Interest To receive any declarations of interest from Members relating to any item on the agenda, in accordance with the provisions of the Code of Conduct and/or indicate if S106 of the Local Government Finance Act 1992 applies to them. Minutes: There were no declarations of interest received. |
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Public Question Time To consider questions, statements or petitions from Members of the Public. Minutes: A request was received from Mr McCormick regarding a property on Cog Lane indicating his preference to work on the property and spend funds rather than go through a long Compulsory Purchase Order process.
The Chair indicated that the Head of Housing and Development Control would respond to this at item 11 on the agenda.
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Executive Appointments PDF 107 KB To consider appointments to Outside Bodies and Panels. Additional documents: Minutes: The appointments to Outside Bodies which were reserved to the Executive to appoint were approved as follows:-
Pennine Lancashire Leaders and Chief Executives Joint Committee (PLLACE) – The Leader Councillor Mark Townsend and Deputy Leader Councillor Lian Pate.
Pennine Lancashire Building Control Joint Executive Committee:- Executive Member for Housing Councillor John Harbour and Executive Member for Resources and Performance Management Councillor Sue Graham
Traffic Regulation Order Sub Committee (TROSC):- Executive Member for Housing Councillor John Harbour, Executive Member for Economy and Growth Councillor Asif Raja, and Executive Member for Community and Environmental Services Councillor Afrasaib Anwar
Barnfield and Burnley Development Limited (BBDL) :- Leader Councillor Mark Townsend and Chief Executive Mick Cartledge
Housing Joint Venture Company – Council:- Executive Member for Housing Councillor John Harbour and Chief Operating Officer Lukman Patel
Housing Joint Venture Company – Stakeholder:- Leader Councillor Mark Townsend, Chief Executive Mick Cartledge and Strategic Head of Economy and Growth Kate Ingram |
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Executive Portfolios PDF 120 KB To note the revised Executive Portfolios. Minutes: The appointments by the Leader of the Executive were approved as follows:-
Deputy Leader and Executive Member for Health and Wellbeing Councillor Lian Pate.
Executive Member for Housing Councillor John Harbour
Executive Member for Economy and Growth Councillor Asif Raja
Executive Member for Resources and Performance Management Councillor Sue Graham
Executive Member for Community and Environmental Services Councillor Afrasaib Anwar
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Final Revenue Outturn Position 2019/20 PDF 592 KB To consider the provisional position on the Council`s revenue account for 2019/20. Additional documents: Minutes: Purpose
To report the provisional position on the Council`s revenue accounts for 2019/20.
Reason for Decision
To conclude the revenue budget monitoring process for 2019/20 and report the final outturn position as outlined in the Council`s Statement of Accounts for 2019/20/
Decision
That Full Council be recommended to approve:
a) The provisional final position on the Council`s revenue account for 2019/20 shows a net deficit of £93k which has been funded from t he Transformation Reserve. Of the £93k net deficit, £66k was due to Covid-19 related budget pressures incurred in March 2020 which reduces the true in year net deficit to £27k. The projected overspend from the outturn position estimated during quarter 3 budget monitoring was £140k.
b) The transfers to/from Earmarked Reserves totalling a net £0.888m increase to reserves as shown in appendix 2
c) The approval of additional revenue budget carry forward requests from Heads of Service totalling £0.047m as shown in appendix 3. |
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Draft Homelessness and Rough Sleeping Strategy 2020/25 PDF 213 KB To consider the draft Homelessness and Rough Sleeping Strategy 2020-25. Additional documents:
Minutes: Purpose
To seek approval from Members to consult on a draft Homelessness and Rough Sleeping Strategy 2020-2025
Reason for Decision
To ensure the Council meet its statutory duty to publish a Homelessness and Rough Sleeping Strategy to cover the period 2020-2025.
To enable partners and stakeholders to input into the development of the strategy ensuring the final document is a comprehensive strategy supported by those organisations and agencies what will be instrumental to its delivery.
To ensure the strategy is fit for purpose and effective to prevent homelessness and rough sleeping across the borough.
Decision
That approval be given to the document included at Appendix 1 to the report as a draft Homelessness and Rough Sleeping Strategy 2020-2025 and authorise officers to conduct a consultation exercise with partners and stakeholders. |
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Empty Homes Programme PDF 391 KB Minutes: Prior to consideration of this item the Head of Housing and Development Control responded to the earlier public question and said that a compulsory purchase order was a final action and negotiations with property owners to bring a property back into use could still be continued.
Purpose
To seek approval to make several Compulsory Purchase Orders (CPOs) for long term vacant properties in the private sector.
To dispose of the properties in accordance with the Council`s Disposal of Empty Dwellings Policy and scheme pf delegation or to Calico Homes as appropriate.
Reason for decision
1. The owners of these properties have been contacted and have either not responded at all or have given no reasonable proposals for renovating the property or bringing it back into housing use.
2. These properties are long term vacant properties, being empty, in some cases for over 7 years. Without intervention by the Council through acquisition by agreement or CPO the properties may remain vacant, continue to deteriorate, attract anti-social behaviour, fly-tipping and arson, all of which cause fear in local residents, resulting in a declining neighbourhood.
Gorple Cottages - Wallhurst Close Worsthorne – new builds with no work undertaken since 2018.
143 Cog Lane Burnley vacant since 16th April 2013
200 Cog Lane Burnley vacant since 27th November 2008
206 Cog Lane Burnley vacant since 25th March 2014
56 Dall Street Burnley vacant since 2nd July 2013
27 Waterbarn Street Burnley vacant since 11th June 2016
23 Elmwood Street Burnley vacant since 1st April 2019
29 Elmwood Street Burnley vacant since 14th April 2019 38 Woodbine Road Burnley vacant since 20th September 2017
1 Berry Street Burnley vacant since 1st August 2014
32 Parkinson Street Burnley vacant since 17th July 2014
79 Tarleton Street Burnley vacant since 28th September 2017
1 Wren Street Burnley vacant since 15th November 2017
51 Herbert Street Burnley vacant since 9th October 2014
32 Pritchard Street Burnley vacant since 28th June 2013
Through the Vacant Property Initiative and Empty Homes Programme over 130 properties have been acquired, refurbished and re-sold or re let, bringing those properties back into use and providing high quality accommodation.
Decision
3. That the Head of Housing and Development Control in consultation with the relevant Executive Member approve in pursuance of the powers obtained under Section 17 of the Housing Act 1985 (as amended) to make the following compulsory purchase orders for the purpose of renovation and/or re-sale by the most appropriate method:
The Burnley (Gorple Cottages - Wallhurst Close Worsthorne) Compulsory Purchase Order 2020 The Burnley (143 Cog Lane Burnley) Compulsory Purchase Order 2020 The Burnley (200 Cog Lane Burnley)Compulsory Purchase Order 2020 The Burnley (206 Cog Lane Burnley) Compulsory Purchase Order 2020 The Burnley (56 Dall Street Burnley) Compulsory Purchase Order 2020 The Burnley (27 Waterbarn Street Burnley) Compulsory Purchase Order 2020 The Burnley (23 Elmwood Street Burnley) Compulsory Purchase Order ... view the full minutes text for item 34. |
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To consider the Air Quality Management Supplementary Planning Document. Additional documents:
Minutes: The Chair advised that this item had been withdrawn to allow more time for the Scrutiny Committee to further consider the document before being brought back to the Executive. |
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Single Use Plastics - Executive Response to Council Motion PDF 162 KB To consider the Executive`s response to the motion on single use plastics presented to Council by the Green group. Minutes: Prior to consideration of this item the Chair said that he had given consideration to a request from the Green group to withdraw the item for further consideration but said that he felt this was not the correct step and that there were some positives in the report that the council should take and that the matter could be looked at again in the future but at present in light of the Covid pandemic it was not the council`s immediate priority.
Purpose
To consider a motion presented to Council from the Green group on single use plastics.
Reason for Decision
The Council is already undertaking s number of initiatives to reduce reliance on SUP and any response must be proportionate. The focus of council resources is currently prioritised on its response to the Covid-19 pandemic.
Decision
That approval be given to:-
a. an audit and publication of single use plastic (SUP) items used by the council is not undertaken
b. an annual SUP audit and publication scheme is not introduced
c. Where reasonably practical council actions are maintained to reduce SUP in the supply of council goods, services and works, through appropriate tender specifications
d. Where reasonably practical and appropriate include specific lease or tenancy conditions to support SUP removal and reduction
e. Criteria are included in tender specifications to evaluate supplier compliance to SUP removal or reduction
f. The recommendations at C and E above are applied where SUP use is identified in the existing council supply chain
g. Work continues to encourage local businesses to reduce SUP
h. the council does not undertake a feasibility study to identify available premises for a community co-operative shop
i. The council uses social media to facilitate and raise awareness on actions to support SUP reduction, linking this with existing County wide awareness initiatives |
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Gating Public Space Protection Order PDF 133 KB To consider the Gating Public Space Protection Order. Minutes: Purpose
To seek approval to enact a Borough-Wide Public Spaces Protection Order (PSPO) covering all alleygating schemes under s60 Anti-Social Behaviour, Crime and Policing Act 2014.
Reason for decision
October 2020 marks the expiry of those first schemes that, having previously been implemented under S129A-129G clean Neighbourhoods and Environment Act 2005, transitioned to PSPOs following the introduction of the ASB, Crime and Policing Act 2014.
To manage the legislation of all schemes that exist on public land within the Borough in a more efficient manner.
Decision
That authority is granted
1. To implement the PSPO to manage all current and future applicable alleygate schemes in the Borough.
2. To implement the Order as soon as practicable for the defined 3-year period. |
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Licensing Act 2003 Burnley Borough Council Licensing Policy PDF 97 KB To consider the draft Licensing Act 2003 Policy. The policy was considered by the Licensing Committee and the minute from that meeting is attached. Additional documents:
Minutes: In considering this matter the Chair said that the Executive was keen to work with the licensing team to bring both the daytime and night-time environments together.
Purpose
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Minutes of Urgent Decisions PDF 127 KB Additional documents:
Minutes: The minutes of the following urgent decisions taken by the Chief Executive were noted:-
Replacement of Crematorium flue gas waste heat recovery unit Local Authority Discretionary Business Grant Scheme Proposed Amendments to the scheme criteria Establishment of Environmental Health (Compliance) Officer Streetscene
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Exclusion of the Public Minutes: Purpose
To determine during which items, if any, the public are to be excluded for the meeting.
Reason for decision
Minute number 41 contains exempt information relating to the financial or business affairs of any particular person (including the authority holding that information).
Decision
That the public be excluded from the meeting before discussion takes place on the item relating to minute 41 because in view of the nature of the business to be transacted if the public was present there would be a disclosure to them of exempt information within the meaning of Paragraph 12A of the Local Government Act 1972. |
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Trafalgar Mill To consider a report on Trafalgar Mill. Minutes: Purpose
To draw to the attention of the Executive the deteriorating condition of the Grade II Listed Trafalgar Mill and to seek authorisation to serve an Urgent Works Notice under Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in order to secure emergency works to an unused part of the building which has recently suffered a roof collapse above a section of public walkway.
Reason for decision
The LPA has a statutory responsibility for administering the planning system and for the preservation of listed buildings in exercising these powers. As such there is a clear public expectation that the LPA should act in the interest of listed buildings at risk in their areas.
In the case of Trafalgar Mill, it is evident that the building is being allowed to deteriorate to the extent that that its condition is compromising its preservation. Part of the building is in an advanced state of deterioration and is open to the elements and it is therefore essential that it is secured and made weathertight and safe through urgent temporary works in order to limit further decline and safeguard the pedestrian walkway beneath. This would provide further time for the Council to consider the options for the permanent repair and long term future of the building such that it can make a positive contribution to the social, economic and cultural life of the area.
There are specific statutory powers available to LPAs to take action in building at risk situations and it is their duty to have regard to exercising these powers should the need arise.
On this occasion, relying solely on negotiation with the owner to secure the necessary works is not considered to be a suitable alternative to exercising the Council’s powers. Despite over two years of negotiations the owner has not taken any positive steps towards protecting the building from further deterioration. Accordingly it is considered that failure to take prompt action will lead to the eventual collapse of the structure, resulting in the loss of the integrity of the listed building and its contribution to the special interest of the conservation area. In the interest of this nationally significant building, this is not a recommended option.
An amendment to recommendation (d) to remove the word `not` was accepted
Decision
That approval be given to :
a) Delegate authority to the Strategic Head of Economy and Growth to Serve an Urgent Works Notice under Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 on the owner of Trafalgar Mill.
b) In the event of the authority having to appoint contractors to undertake the works in the default to approve a budget of £39,900 to cover the costs of an Urgent Works Notice to be funded from the Town Centre and Canalside Masterplan Budget and, where eligible, for costs to be recovered through a grant from Historic England as set out in section 9 of the main body of the report.
c) In the ... view the full minutes text for item 41. |