Agenda and draft minutes

Executive - Wednesday, 23rd October, 2024 6.30 pm

Venue: Burnley Town Hall

Contact: Alison McEwan  Democracy Officer

Items
No. Item

Also in Attendance

Councillor Mark Townsend

43.

Apologies

To receive any apologies for absence.

Minutes:

There were no apologies for absence as all members of the Executive were present.

44.

Minutes pdf icon PDF 108 KB

To approve as a correct record the Minutes of the last meeting.

Minutes:

The minutes of the last meeting, held on 18th September 2024, were approved as a correct record and signed by the Chair.

45.

Additional Items of Business

To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency.

 

Minutes:

There were no additional items of business.

46.

Declarations of Interest

In accordance with the Regulations, Members are required to declare any personal or personal and prejudicial interests they may have and the nature of those interests in respect of items on this agenda and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.

 

Members should consider whether any of the items listed on the agenda represent a conflict with any interests previously declared or new interests.  They should also consider whether their register of interests requires updating as a result of any new undeclared interests.  It is a requirement in law that any new or changed interests are declared within 28 days.  It is incumbent on Members to notify Officers of these changes.

 

 

 

Minutes:

Councillor Anwar declared a prejudicial interest in minute no 55 and 56 as a Council-appointed Director of Barnfield and Burnley (Developments) Limited. He indicated that he would leave the meeting for the duration of the items.

 

Whilst Officers were not required to declare interests as they were not involved in the decision-making, the Chief Executive, Lukman Patel, declared the same interest as a Council-appointed Director and indicated that he would leave the meeting for the duration of the items.

47.

Exclusion of the Public

To determine during which items, if any, the public are to be excluded from the meeting.

 

Minutes:

Exclusion of the press and public was as set out in the agenda.

48.

Right To Speak

To consider questions, statements or petitions from Members of the Public

Minutes:

No requests to speak had been submitted.

49.

Strategic Risk Register pdf icon PDF 94 KB

To consider the Strategic Risk Register.

Additional documents:

Minutes:

PURPOSE

 

To present the Executive with a Strategic Risk Register.

 

REASONS FOR DECISION:

 

The Executive is required to approve the Strategic Risk Register (Appendix 1) pursuant to the Risk Management Strategy.

 

The Audit and Standards Committee recommended the register to the Executive at its meeting on 26th September 2024.

 

DECISION

 

The Executive resolved to approve the Strategic Risk Register.

50.

Proposed Public Space Protection Order - Green Spaces pdf icon PDF 98 KB

To consider the proposed schedule of Public Space Protection Orders (PSPOs).

Additional documents:

Minutes:

PURPOSE

 

To report the proposed schedule of Publish Space Protection Orders (PSPOs) and outline the consultation plan as amended following consideration at the Scrutiny Committee meeting on 16th October 2024 and published in a Supplementary agenda on 18th October 2024.

 

REASON FOR DECISION

 

To ensure that there is adequate consideration and consultation on the proposed PSPOs.

 

DECISION

 

The Executive resolved to:

 

1)    Grant permission for the proposed PSPOs and consultation plan, as amended following consideration at the Scrutiny Committee meeting on 16th October 2024 and published in a Supplementary Agenda on 18th October 2024, to be implemented.

 

2)    Authorise the Head of Green Spaces to vary and implement the PSPOs, having given due regard to the outcome of the consultation process.

51.

Proposed Public Space Protection Order - Town Centre pdf icon PDF 113 KB

To consider statutory consultation to vary (where appropriate) and extend the current Burnley Town Centre Public Space Protection Order.

Additional documents:

Minutes:

PURPOSE

 

To seek approval to bring forward the statutory consultation to vary (where appropriate) and extend the existing Public Spaces Protection Order (PSPO) for the Town Centre in accordance with the current legislation (s59-61 Anti-Social Behaviour, Crime and Policing Act 2014).

 

REASON FOR DECISION

 

The existing Order has been in place since 9th November 2019 and was renewed in November 2022 in accordance with the legislation set out in the Anti-Social Behaviour, Crime and Policing Act 2014. A thorough and comprehensive consultation process will allow all stakeholders to have an input to update and vary the prohibitions to reflect current community safety concerns and priorities that are deemed necessary to assist with the management of the town centre. It has also been established, by good practice, that a comprehensive PSPO is the best means of controlling ASB in town centres.

 

DECISION

 

The Executive resolved to:

 

1)    Grant authority to commence a statutory consultation to vary (where appropriate) and extend the current Burnley Town Centre Public Space Protection Order (PSPO) as outlined in Appendix 1 Map of PSPO area.

 

2)    Authorise the Head of Streetscene to vary and implement the PSPO having given due regard to the results of the consultation process, reflecting the current needs of those responsible for the management of the town centre.

 

3)    In compliance with the PSPO powers, enable Authorised Officers to undertake any required enforcement, in accordance with legislative powers.

52.

Review of Smoke Control Orders pdf icon PDF 105 KB

To consider options for Smoke Control provisions in the Borough.

Additional documents:

Minutes:

PURPOSE

 

To seek approval from the Executive to pursue an appraisal of the existing Smoke Control Orders in place with a view to outlining options for extending smoke control provisions across a wider area of the Borough.

 

REASONS FOR DECISION

 

1.    The Clean Air Strategy published in 2019 and the subsequent Environment Act 2021 set out clear priorities to improve air quality which include the reduction of pollution from domestic burning through Smoke Control Areas (SCAs) and use of cleaner fuels. The Strategy clearly states the Government’s expectation that local authorities use their powers to reduce PM2.5 to support the delivery of national targets by taking action to reduce emissions from sources within their control. Reviewing Smoke Control Areas will enable gaps in the coverage of the Smoke Control Area to be addressed.

 

2.    Currently most of the Borough is covered by Smoke Control Orders, however there are some areas of new development outside the Smoke Control Area (SCA) (SCO’s map Appendix 1). These areas were not included when the orders were made in the 1960’s and 1970’s as at the time they were less densely populated. As residential developments have increased in these areas wood burning stoves have become more prevalent.

 

3.    A collaborative approach with other local authorities provides an efficient and cost effective approach to undertake this work that enables the council to make the best use of the New Burdens funding.

 

DECISION

 

The Executive resolved to:

 

1.    Approve the proposal to explore options for a view of the Borough’s Smoke Control Orders.

 

2.    Endorse the use of ‘New Burdens’ funds of £11,710 granted to provide support to local authorities for measures introduced through the Environment Act 2021 to improve the enforcement and management of smoke emissions in smoke control areas. The funding will be used to deliver this piece of work by a specialist consultant.

 

 

3.    Approve Officers to work in collaboration with other Lancashire authorities to procure and appoint a specialist consultant to undertake the review.

53.

Exclusion of the Public

To determine during which items, if any, the public are to be excluded from the meeting and to consider the exclusion of the public from the meeting before discussion takes 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 within the meaning of Part 12A of the Local Government Act 1972.

 

Minutes:

Members determined to exclude the public from the meeting before discussion took place on Minutes 54, 55 and 56 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 within the meaning of Schedule 12A of the Local Government Act 1972.

54.

Waste & Cleansing Procurement and Simpler Recycling Reforms

To consider changes to Waste & Cleansing Services.

Minutes:

PURPOSE

 

To seek approval to implement changes to Burnley Borough Council’s Waste and Cleansing Services, necessitated by the end of the current contract and the introduction of the Government’s Simpler Recycling Legislation, and to undertake the Waste and Cleansing procurement in accordance with the Public Procurement Regulations 2015.

 

REASONS FOR DECISION

 

1.    On the 17th January 2024, the Executive approved the option to extend the current Waste and Cleansing Contract for a 10 month period from the 1st June 2025 to the 31st March 2026 with an additional option of a further 12 month Contract extension to 31st March 2027. Approval is sought to commence the procurement to seek contract award for the 1st April 2026.

 

2.    This will align with the Government’s Simpler Recycling reforms, which have placed a new Statutory Duty on Waste Collection Authorities to provide to all residential properties by 1st April 2026. A duty to collect food waste from large businesses by the 1st April 2025 will be delivered under the current contract.

 

3.    The mandatory implementation of food waste collections across England and Wales means waste vehicles and receptacles are in short supply. If the Council did not secure vehicle build slots and food waste caddies prior to the tendering of the waste and cleansing contract, it is likely to deter interest from potential bidders.

 

DECISION

 

The Executive resolved to:

 

  1. Authorise the Head of Streetscene, in consultation with the Executive Member for Community and Environmental Services, to start the procurement for the new Waste and Cleansing Contract that will commence from the 1st April 2026.

 

  1. Authorise the Head of Streetscene, in consultation with the Executive Member for Community and Environmental Services, to accept the most economically advantageous tender

 

  1. Authorise the Head of Streetscene, in consultation with the Executive Member for Community and Environmental Services, to secure waste vehicle build slots and a supply of food waste caddies.

 

  1. Recommend the Council approve the use of the Transformational Reserve during 2024/2025, to procure suitable receptacles for the collection of Commercial Food Waste.

 

  1. Authorise the Head of Legal and Democratic Services to execute all documents necessary to give effect to this decision.

 

55.

Development Agreement relating to Weaver's Triangle, Sandygate, Burnley

To consider a report on the Development Agreement.

Minutes:

As indicated in minute no 46 above, Councillor Anwar and the Chief Executive left the meeting at this point.

 

Councillor M Lishman chaired the meeting from this point.

 

PURPOSE

 

To seek approval to vary Development Agreement relating to Weavers Triangle, Sandygate and to replace the Chief Executive Officer as one of the Council’s nominated Directors on Barnfield and Burnley (Developments) Limited with the Director of Economy and Development.

 

REASON FOR DECISION

 

To enable the completion of development on Sandygate and on the former George Steet Mill site and to comply with best practice from Local Partnerships.

 

DECISION

 

The Executive resolved to:

 

1.    Approve the Deed of Variation as set out in Appendix 1 of the report.

 

2.    Delegate authority to the Head of Legal and Democratic Services to execute the Deed.

 

3.    Approve the replacement of the Chief Executive Officer as one of the Council’s nominated Directors on Barnfield and Burnley (Developments) Limited with the Strategic Director of Economy and Development.

56.

Delivery of Burnley Town Centre and Canalside Masterplan

To consider the delivery of the Burnley Town Centre and Canalside Masterplan.

Minutes:

Councillor Anwar and the Chief Executive remained outside of the meeting for the duration of this item.

 

Councillor M Lishman remained in the Chair.

 

PURPOSE

 

To set out and approve key items of work required to progress the future delivery of key projects set out in the Burnley Town Centre and Canalside Masterplan.

 

REASON FOR DECISION

 

To enable the deliver of future phases of the Burnley Town Centre and Canalside Masterplan.

 

DECISION

 

The Executive resolved to:

 

1.    Note the good progress made to date in delivering the Town Centre and Canalside Masterplan.

 

2.    Agree the proposals set out in section 6 of the report.

 

3.    Recommend to Full Council the approval of the budget set out in sections 7i and 7ii of the report.

 

4.    Delegate authority to the Director of Economy and Development, in consultation with the Executive Member for Development and Growth, to accept tenders, and to the Head of Legal and Democratic Services to execute all documents necessary to give effect to this decision.