Agenda and draft minutes

Executive - Wednesday, 15th January, 2025 6.30 pm

Venue: Burnley Town Hall

Contact: Alison McEwan  Democracy Officer

Items
No. Item

68.

Apologies

To receive any apologies for absence.

Minutes:

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

69.

Minutes pdf icon PDF 122 KB

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

Minutes:

The minutes of the last meeting, held on 27th November 2024, were approved as a correct record and signed by the Chair.

70.

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.

71.

Declaration 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 73 and 76 as he was a trustee of an organisation that has a rental property and had indicated that he would leave the meeting for the duration of this item.

 

Councillor Lubna Khan declared a pecuniary interest in minute no 73 and 76 as she was a landlord and owned properties and had indicated that she would leave the meeting for the duration of this item.

 

Councillor Howard Baker declared a pecuniary interest in minute no 73 and 76 as he was a landlord and owned properties and had indicated that he would leave the meeting for the duration of this item.

 

72.

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 to be as set out in the agenda.

73.

Right To Speak

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

Minutes:

When Councillor Townsend indicated he wished to address the meeting in relation to Selective Licensing, (minute 76), Councillors Anwar, Baker and Khan left the meeting for the duration of this item as indicated in minute 71.

 

Councillor Margaret Lishman took the Chair for this Item.

 

Councillor Townsend declared an interest as he had properties in other areas of the borough and requested the committee to include the Lyndhurst Road area in the proposed Selective Licensing Submission.

74.

Establishment of Post - Head of Property & Facilities Management pdf icon PDF 97 KB

To seek approval to create a new post of Head of Property and Facilities Management.

Minutes:

Councillors Anwar, Baker and Khan returned to the meeting.

 

Councillor Anwar returned to the Chair.

 

PURPOSE

 

To present the Executive to create a new post of Head of Property and Facilities Management, from 1st April 2025 when the service returns to the Council from Liberata.

 

REASONS FOR DECISION:

 

The Executive is required to ask Full Council to: Approve the proposed post of Head of Property and Facilities Management, Grade Band 3, to lead the Property Services/Facilities Management function from 1st April 2025 when the service returns to the Council from Liberata.

 

DECISION:

 

The Executive resolved to ask Full Council to approve the proposed post of Head of Property and Facilities Management to lead the Property Services/Facilities Management function from 1st April 2025 when the service returns to the Council from Liberata. 

75.

Empty Homes Programme pdf icon PDF 125 KB

To seek approval for the making of Compulsory Purchase Orders for long-term empty properties in the private sector to be disposed of in line with the Disposal of Empty Dwellings Policy.

Minutes:

PURPOSE

 

To present the Executive and to seek approval to make several Compulsory Purchase Orders (CPOs) for long term vacant properties in the private sector. And to dispose of the properties in accordance with the Council’s Disposal of Empty Dwellings Policy and scheme of delegation or to Calico Homes as appropriate.

 

REASONS FOR DECISION:

 

The owners/personal representatives 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.

 

The majority of the properties are long term vacant properties, being empty, in one case for approximately 6 years, some properties are impacting on neighbouring properties and attracting vandalism and drug production. 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.

 

135 Manchester Road Hapton vacant since March 2018

49 Grange Street Burnley vacant since 3rd March 2020

13 Ash Street Burnley vacant since 13th October 2022

21 Pine Street Burnley vacant since 1st April 2023

 

Through the Vacant Property Initiative and Empty Homes Programme over 150 properties have been acquired, refurbished and re-sold or re let, bringing those properties back into use and providing high quality accommodation.

 

DECISION

 

The Executive resolved to approve 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)  make the following compulsory purchase orders for the purpose of renovation and/or re-sale by the most appropriate method:

 

The Burnley (135 Manchester Road Hapton) Compulsory Purchase Order 2025

The Burnley (49 Grange Street Burnley) Compulsory Purchase Order 2025 The Burnley (13 Ash Street Burnley) Compulsory Purchase Order 2025

The Burnley (21 Pine Street Burnley) Compulsory Purchase Order 2025

 

The Head of Legal and Democratic Services be authorised to agree terms for the acquisition of the properties, to acquire the properties in this report by agreement as an alternative to compulsory purchase in accordance with the terms of delegation.

 

The Head of Legal and Democratic Services be authorised to make minor amendments, modifications or deletions to the CPO schedule of interests and map, should this be necessary, and to finalise the making and submission of the CPO, including promoting the Council’s case at public inquiry, if necessary.

 

Subject to confirmation by the Secretary of State, the Head of Legal and Democratic Services be authorised to secure full title to and possession of the CPO land as appropriate by:

• Serving notice of confirmation of the CPO on all interested parties

• Serving notice of intention to execute a General Vesting Declaration

• Executing the General Vesting Declaration

• Serving Notices to Treat and/or Entry as appropriate

• Acquiring land and interests by agreement if possible

 

The tendering of any renovation/building works be authorised in accordance with SOC 1,  ...  view the full minutes text for item 75.

76.

Selective Licensing pdf icon PDF 101 KB

To update the Executive on procedural changes to the process for creating Selective Licensing designations.

Minutes:

Councillors Anwar, Baker and Khan left the meeting.

 

Councillor Margaret Lishman took the Chair for this item.

 

PURPOSE

 

To update the Executive on procedural changes to the process for creating Selective Licensing designations, which took effect on 23rd December 2024.

 

REASONS FOR DECISION

 

To ensure that the scheme is properly approved according to the latest requirements.

 

DECISION

 

The Executive notes that it approved the areas of Trinity, Gannow, Queensgate, Daneshouse and Stoneyholme and Padiham as selective licensing areas on 14th August 2024 (minute 11 (i)) refers) and it re-affirms that decision

 

That the Executive approve:

i.                 the making of the Designations of the selective licencing areas of Trinity, Gannow, Queensgate, Daneshouse and Stoneyholme and Padiham on 27th January 2025; and

 

ii.                that the approved Designations will come into force on 27th April 2025.

 

iii.          that the Designation shall cease to have effect on 26th April 2030.

 

 

77.

Proposed Business Improvement District (BID) pdf icon PDF 107 KB

To consider the outcomes delivered by the current BID which expires on 31st March 2025, and to seek authority to vote and agree the budget for a proposed extension.

Additional documents:

Minutes:

Councillors Anwar, Baker and Khan returned to the meeting.

 

Councillor Anwar returned to the Chair.

 

PURPOSE

 

To inform members of the outcomes delivered by the Business Improvement District (BID) in Burnley Town Centre during its first term which is due to expire on 31st March 2025.

 

To seek the Executive’s authority to vote and to agree the budget for a proposed extension for BID 2 as set out in the report.

 

REASONS FOR DECSION

 

As the owner of several properties in the BID boundary the Council will be invited to vote in the BID ballot.

 

To ensure a seamless delivery of the BID, setting out the responsibilities for both the Council (as the BID levy collector) and the Accountable Body as the delivery body for the BID

 

DECISION

 

That the Executive:

 

Agree that the Council votes in favour for a second term Business Improvement District (BID2).

 

Delegate authority to the Director of Resources to vote on behalf of the Council in the upcoming ballot in February 2025.

 

Approve the budget set in paragraphs 15 and 16 of this report and delegate authority to the Director of Economy & Development to agree the terms of the BID’s Operational Agreement with the BID Accountable Body (Groundwork Cheshire, Lancashire & Merseyside).

78.

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 Minute 79 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.

79.

Vision Park

To consider a way forward for development of the remainder of the Vision Park Site.

Minutes:

PURPOSE

 

To consider a way forward for development of the remainder of the Vision Park site.

 

REASONS FOR DECISION

 

The Vision Park employment scheme is a key priority for Burnley Borough Council, contributing to the Council’s objectives on prosperity by developing employment space for new and growing businesses in key priority sectors.

 

The Council has already delivered high quality employment development on a significant part of the Vision Park site. In response to the changing market and demand for employment space it is necessary to reconsider the way forward to develop out the rest of the Vision Park site.

 

DECISION

 

The Executive RESOLVED to:

 

Note the current position regarding developing out the Vision Park site.

 

Delegate authority to the Director of Economy and Development and Director of Resources to market the site for sale by tender the land edged red and edged blue on the attached plan shown in Appendix A.

 

Delegate authority to the Director of Resources in consultation with the Executive Member for Resources and Performance Management to accept terms of the most favourable tender.

 

Authorise the Head of Legal and Democracy to prepare and complete all necessary legal documentation.