Agenda and minutes

Full Council
Wednesday, 19th December, 2018 6.30 pm

Venue: Town Hall, Burnley

Contact: Democracy Office 

Items
No. Item

33.

Minutes of the Last Meeting pdf icon PDF 94 KB

To receive, as read, the Minutes of the proceedings of the previous Council meeting, and to confirm them or otherwise.

Minutes:

RESOLVED        The Minutes of the meeting of the Council held on 26th September 2018 were confirmed and signed by the Chair.

34.

Declarations of Interest

To receive any declarations of interest.

Minutes:

Cllr Andy Fewings declared a disclosable pecuniary interest in Item 5b – On-street Parking Charges in Burnley & Padiham.

 

Cllrs  John Harbour, Anne Kelly, Maggie Lishman, Tony Martin, Lian Pate, Andy Tatchell and Cosima Towneley disclosed an Other interest (prejudicial) in Item 6c – Aspiration Strategy.

 

Cllr Cosima Towneley disclosed an Other interest (personal) in Item 6c – Aspiration Strategy.

 

Cllr Andy Fewings declared a disclosable pecuniary interest in Item 6j – Food (Official) Controls Delivery Plan.

35.

Public Question Time

To receive questions, statements or petitions (if any) from members of the public.

Minutes:

Clare Hales addressed the Council under the Request to Speak Policy on issues around M65 Junction 9.

36.

Notice of Motion-Improved Energy Efficiency pdf icon PDF 25 KB

Minutes:

It was moved by Cllr Andy Fewings and seconded by Cllr Gordon Birtwistle that;

 

“This Council notes:

·       The Government’s most recent figures[1] for Burnley show that more than 15%, or nearly 6000 of Burnley’s households are in fuel poverty;

·        The loss of income to the local economy as a result of these lower energy efficiency standards, as those 6000 householders’ income is spent paying energy bills rather than in local shops and on local services;

·       Whilst the Government cancelled the introduction of Zero Carbon Home Standards in 2016, it has recently confirmed that the Council can set their own energy efficiency standards for new buildings beyond those set in Part L of the Building Regulations[2]; and

·        The report from the Intergovernmental Panel on Climate Change highlighting that we only have around 12 years to take serious action to reduce emissions to avoid massive damage to the global environment.[3]

This Council believes:

·         That we must take urgent action to improve the energy efficiency standards in new buildings in order to i) tackle the issue of fuel poverty in the borough, ii) reduce carbon emissions, iii) save energy and iv) keep money that would go to energy companies circulating in our local economy;

·         That improving energy efficiency in new buildings and retrofitting old buildings are just part of a strategy to reduce emissions in our area but they are important steps to take that should be part of a wider strategy; and

 

·         That the internationally recognisedPassivhaus Standard’ offers an alternative to the UK’s diminished energy efficiency ambitions for new-build housing and complies with UK Building Regulations.

This Council resolves:

·         To specify Passivhaus Standards for all buildings on Council-owned land or as a condition of sale on any council land.

·         To renovate all houses which are acquired under Compulsory Purchase Order by the Council as energy efficient as possible and having regard to the Passivhaus Standards where possible;

 

·         To produce Supplementary Planning Guidance at the earliest opportunity calling for higher energy efficiency standards compliant with the internationally recognised Passivhaus Zero Carbon Standards; and

 

·         To develop a strategy showing how we can reduce emissions in the Borough and play our part in achieving the Paris Climate Goals.

 

[1]https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/731183/Fuel_poverty_sub-regional_tables_2018.xlsx

[2] https://www.ukgbc.org/news/government-confirms-local-authorities-can-set-energy-standards-beyond-part-l-in-nppf/

[3] https://www.theguardian.com/environment/2018/oct/08/global-warming-must-not-exceed-15c-warns-landmark-un-report

 

 

In accordance with Council Procedure Rule 12 - Motions on Expenditure – as this item would have the effect of materially increasing the expenditure of the Council the motion was referred to the Executive to consider and report back to a future meeting of Full Council.

37.

Notice of Motion-On-street Parking Charges in Burnley & Padiham pdf icon PDF 18 KB

Minutes:

Cllr Andy Fewings left the room and did not take part in this item.

 

It was moved by Cllr Lian Pate and seconded by Cllr Mark Townsend that;

 

“This council resolves to write to Lancashire County Council to urge that the proposal in their budget for 19/20 to introduce on street car parking charges in Burnley and Padiham be abandoned. We, the council, believe this is a regressive move for high street shops and other businesses in Burnley and Padiham town centres that will drive customers away. The changes in the retail sector especially mean we need to be innovative in our approach in supporting our high street and this goes against that.”

 

An amendment was moved by Cllr Andrew Newhouse and seconded by Cllr Dale Ferrier that;

 

“This council resolves to write to Lancashire County Council to urge that any proposals to their budget for 19/20 to introduce on street car parking charges in Burnley  and Padiham, if any, after the consultation period be abandoned. 

 We, Burnley Council believe this is a regressive move for our high street and shops and other businesses in Burnley and Padiham town centres. That will drive customers away. The changes in the retail sector especially mean we need to be innovative in our approach in supporting our high street and this we believe goes against that.

We therefore ask if we can work closely with Lancashire County Council through the consultation and any policy making process. This will help both sides understand what policies the Lancashire County Council might be looking to apply to Burnley and Padiham.

Working together to build a parking solution to match both Lancashire County Council and Burnley Council needs at this time and in the future.”

 

On being put to the vote, the amendment was declared to be lost.

 

 

On being put to the vote the motion was declared to be carried and it was resolved accordingly.

 

 

In accordance with Council Procedure Rule 16.4 it was requisitioned that the names be recorded to indicate how each Member present gave his or her vote.

38.

Notice of Motion-Community Skips pdf icon PDF 20 KB

Minutes:

It was moved by Cllr Tom Commis and seconded by Cllr Alan Hosker that;

 

“This Council reintroduces a Community Skips scheme”.

 

 

In accordance with Council Procedure Rule 12 - Motions on Expenditure – as this item would have the effect of materially increasing the expenditure of the Council the motion was referred to the Executive to consider and report back to a future meeting of Full Council.

 

 

 

39.

Report of the Independent Remuneration Panel on the Members Allowance Scheme pdf icon PDF 89 KB

To consider the report of the Independent Remuneration Panel in respect of a members allowance scheme from 1st April 2019.

Additional documents:

Minutes:

Mrs Anne Slater presented the report of the Independent Remuneration Panel.

 

Consideration was given to the findings of the Independent Remuneration Panel in respect of a members allowance scheme from 1st April 2019.

 

RESOLVED              That the findings of the Independent Remuneration Panel be noted.

40.

Decision of Hearing Panel pdf icon PDF 87 KB

To receive the decision of a Standards Hearing Panel.

Minutes:

Cllr Anne Kelly presented the findings of the Hearings Panel. 

 

She also reported that Members of the Hearing Panel and the Council’s Independent Person found that during the hearing Cllr Hosker was disrespectful to both Officers and Panel Members and showed a complete disregard for the Hearing Process which was not the standard of behaviour to be expected of a serving member of the Council, and that this should be reported to the Full Council.

 

RESOLVED              That the findings of the hearings panel be noted.

41.

Aspiration Strategy Delivery Plan pdf icon PDF 107 KB

To seek approval for a contribution of £23.5k from the Growth Reserve as set out in paragraph 13 of the report as amended.

Additional documents:

Minutes:

Cllrs John Harbour, Anne Kelly, Maggie Lishman, Tony Martin, Lian Pate, Andy Tatchell and Cosima Towneley left the room and did not take part in this item.

 

With reference to Minute 48 of the Executive (7th November 2018) consideration was given to the Aspiration Strategy Delivery Plan.

 

RESOLVED

 

That approval be given to a contribution of £23.5k from the Growth Reserve as set out in paragraph 13 of the report as amended.

42.

Revenue Monitoring 2018/19 Quarter 2 pdf icon PDF 139 KB

To consider a revised budget of £15.09m for 2018/19 and the net transfer of £0.022m to earmarked reserves.

Additional documents:

Minutes:

With reference to Minute 50 of the Executive (7th November 2018) consideration was given to the forecast outturn position for the year as at 31st March 2018 based upon actual spending and income to 30th September 2018.

 

RESOLVED

 

 

(1)  That approval be given to the latest revised budget of £15.090m; and

 

(2)  That approval be given to net transfers to reserves of £0.022m as shown in Appendix 3.

43.

Capital Monitoring 2018/19 Quarter 2 pdf icon PDF 97 KB

To consider a revised capital budget of £10,106,544 for 2018/19 and its proposed financing.  To note the latest year end position on capital receipts and contributions.

Additional documents:

Minutes:

With reference to Minute 51 of the Executive (7th November 2018) consideration was given to a revised capital budget.

 

RESOLVED

 

(1)  That approval be given to net budget changes totalling a decrease of £1,574, 244 giving a revised capital budget for 2018/19 totalling £10,106,544 as detailed in Appendix 1;and

 

(2)  That approval be given to the proposed financing of the revised capital budget totalling £10,326,544 as shown in Appendix 2;

 

 

44.

Fees & Charges Tariff 2019/20 pdf icon PDF 98 KB

To seek approval for the proposed fees and charges tariff to take effect from 1st January 2019.

Additional documents:

Minutes:

With reference to Minute 60 of the Executive (28th November 2018) consideration was given to the proposed list of fees and charges to be levied from 1st January 2019.

 

RESOLVED

 

(1)  The proposed tariff of fees & charges from 1 January 2019 be approved with an increase of 3% as outlined in Appendix A attached;

 

(2)  That the Head of Finance and Property be authorised, in consultation with the relevant Head of Service, to determine any new charges or changes to existing charges relating to the preparation and approval of the 2019/20 revenue budget;

 

(3)  That the Executive Portfolio Members be authorised to amend fees & charges periodically in their own area on the basis that overall income in their portfolio area remains the same as a minimum;

 

(4)  That the Strategic Head of Economy and Growth be authorised, in consultation with the Executive Member for Resources and Performance Management and the Head of Finance and Property, to adjust fees and charges in relation to the Markets service from time to time to reflect current trading conditions and the overall position of the market; and

 

(5)  That the Head of Housing and Development Control be authorised, in consultation with the Executive Member for Resources and Performance Management and the Head of Finance and Property, to adjust fees and charges in relation to statutory planning fees should Parliamentary confirmation be received.

 

 

45.

Treasury Management Mid-Year Report 2018/19 pdf icon PDF 152 KB

To endorse the mid-year update on the Treasury Management Strategy for 2018/19.

Additional documents:

Minutes:

With reference to Minute 61 of the Executive (28th November 2018) consideration was given to the treasury management activity for the period 1st April to 30th September 2018.

 

RESOLVED

 

 

That the mid-year update on Treasury Management Strategy for 2018/19 be endorsed in compliance with the requirements of the Chartered Institute of Public Finance and Accountancy’s (CIPFA) Code of Practice on Treasury Management.

 

 

46.

Gambling Act 2005 Policy 2019-21 pdf icon PDF 97 KB

To seek approval for the Council’s Gambling Act 2005 Policy and the draft Statement of Principles for 2019 – 21.

Additional documents:

Minutes:

With reference to Minute 12 of the Licensing Committee (24th October 2018) and Minute 71 of the Executive (11th December 2018) consideration was given to a revised Gambling Act 2005 Policy covering the period 3rd January 2019 to 31st December 2021 as required by legislation.

 

RESOLVED

 

That approval be given to the draft Statement of Principles for the Gambling Act 2005 Policy covering the period 3rd January 2019 to 31st December 2021, as amended by 24th October 2018 Licensing Committee.  

47.

Health & Safety Intervention Plan 2018/19 pdf icon PDF 91 KB

To seek approval for the Health & Safety Intervention Plan 2018/19.

Additional documents:

Minutes:

With reference to Minute 70 of the Executive (11th December 2018) consideration was given to the Health & Safety Plan necessary to meet statutory requirements.

 

RESOLVED

 

That approval be given to the Health & Safety Intervention Plan (Reviewed 2018/19) as detailed in Appendix 1.

48.

Food (Official) Controls Delivery Plan 2018/19 pdf icon PDF 99 KB

To seek approval for the Food (Official) Controls Delivery Plan 2018/19.

Additional documents:

Minutes:

With reference to Minute 69 of the Executive (11th December 2018), consideration was given to the Food (Official Controls) Delivery Plan necessary to meet statutory requirements.

 

RESOLVED

 

That approval be given to the Food (Official Controls) Delivery Plan (reviewed 2018/19).

49.

Constitutional Update pdf icon PDF 88 KB

To consider updates to the Council’s Constitution and delegations.

Additional documents:

Minutes:

Consideration was given to minor amendments made to the Constitution’s Part 3 Scheme of Delegation by the Monitoring Office, and changes made to Part 3 (Executive Functions) Scheme of Delegation by the Leader or Deputy Leader.

 

RESOLVED

 

(1)  That the minor amendments to Part 3 Scheme of Delegation made by the Monitoring Officer relating to CPOs, animal welfare and Empty Homes as set out in Paragraph 6 be noted; and

 

(2)  That changes made to Part 3 (Executive Functions) Scheme of Delegation by the Leader or Deputy Leader relating to new Regulation for Houses in Multiple Occupation as set out in paragraph 7 be noted.

50.

Outside Bodies Appointments 2018/19 pdf icon PDF 97 KB

To consider the addition of the Housing Joint Venture Partnership (Strategic Board) to the Council’s Outside Bodies for 2018/19; and to delegate the appointments in Paragraph 6 to the Executive.

Minutes:

Consideration was given to the addition of the Housing Joint Venture (Strategic Board) to the Council’s Outside Bodies for 2018/19.

 

RESOLVED

 

That approval be given to the addition of the Housing Joint Venture (Strategic Board) to the Council’s Outside Bodies for 2018/19, and that the appointments be delegated to the Executive as set out in paragraph 6.

51.

Cycle 3 Report from the Chair of Scrutiny pdf icon PDF 43 KB

To consider a report from the Chair of Scrutiny.

Minutes:

RESOLVED             That the Cycle 3 report of the Scrutiny Chair be noted.

52.

Strategic Plan Progress Reports pdf icon PDF 178 KB

To consider the Strategic Plan Progress Report.

Minutes:

RESOLVED              That the Strategic Plan Progress Reports of Executive Members be noted.

53.

Exclusion of the Public

To consider the exclusion of the public from the meeting before discussion takes place on the following item(s) of business on the grounds that discussions may reveal information relating to the financial or business affairs of any particular person (including the authority holding that information).

Minutes:

RESOLVED

 

That the public be excluded from the meeting before discussion takes place on the following items of business relating to Minutes 54 to 56 on the grounds that if the public were present there would be a disclosure to them of exempt information within the meaning of Part VA of the Local Government Act 1972 relating to the financial or business affairs of any particular person (including the authority holding that information). 

54.

On the Banks Development (Sandygate)

To seek approval from Full Council for  the funding for the development; and to include the development in the capital programme; and to seek approval for the use of reserves to cover projected deficits in years 1, 2 & 3.

 

This was endorsed unanimously by the meeting of Scrutiny Committee on 10th December 2018.

 

 

Minutes:

With reference to Minute 64 of the Executive (28th November 2018) consideration was given to the ‘On the Banks’ Development and its inclusion in the capital programme.

 

RESOLVED

 

(1)   That Full Council be recommended to approve the funding of the development as detailed in this report;

(2)  That Full Council be recommended that the project is included in the capital programme, as set out in Appendix 7; and

(3)  That Full Council be recommended  to approve the use of funds from reserves to cover projected budget deficits in years 1, 2 and 3 as set out in paragraph 43 of the report (as reformatted);

 

55.

Pioneer Place Development (Curzon Street)

To seek approval for funding for the development, including the acceptance of grant funding from Lancashire County Council; and to to include the project in the Capital Programme.

 

This was endorsed unanimously by the meeting of Scrutiny Committee on 10th December 2018.

 

Minutes:

With regard to Minute 65 of the Executive (28th November 2018) consideration was given to the Pioneer Place Development and its inclusion in the capital programme.

 

RESOLVED

 

(1)   That approval be given to the funding of the development, including the acceptance of grant funding from Lancashire County Council, as detailed in the Financial Implications Section of the report;and

 

(2)   That the project be included in the capital programme, as set out in the Financial Implications Section of the report.

 

In accordance with Council Procedure Rule 16.4 it was requisitioned that the names be recorded to indicate how each Member present gave his or her vote.

 

56.

Financing of Gym Equipment and Refurbishment - St Peters Leisure Centre

To seek approval for the establishment of a budget of £220k within the 2018/19 Capital Programme for the replacement of gym equipment at St Peters Centre.

Minutes:

With reference to Minute 74 of the Executive (11th December 2018) consideration was given to the establishment of a new budget for new equipment and refurbishment at St Peters Centre.

 

RESOLVED

 

That the establishment of a new budget of £220,000 in the 2018/19 capital programme be approved for the refurbishment and replacement of equipment at St Peters Centre.