Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Gagen, Wilkie and Yates.

If, by virtue of the date by which a decision must be taken, it has not been possible to follow Rule 15 (i.e. a matter which is likely to be the subject of a key decision has not been included on the Forward Plan) then the decision may still be taken if:

a)    The Borough Solicitor, on behalf of the Leader, obtains the agreement of the Chairman of the Executive Overview and Scrutiny Committee that the making of the decision cannot be reasonably deferred,

b)    The Borough Solicitor, on behalf of the Leader, makes available on the Council’s website and at the offices of the Council, a notice setting out the reasons that the decision is urgent and cannot reasonably be deferred.

There were no items of special urgency.

If a member requires advice on Declarations of Interest, he/she is advised to contact the Borough Solicitor in advance of the meeting.  (For the assistance of members a checklist for use in considering their position on any particular item is included at the end of this agenda sheet.)

1.    Councillor Forshaw declared a disclosable pecuniary interest in agenda item 6e (HRA Mid-Year Review) but considered she was entitled to speak and vote by virtue of an exemption as nothing in the report relates particularly to her relevant tenancy or lease.

2.    Councillor J Hodson declared a Disclosable Pecuniary Interest in relation to agenda item 6g (Housing and Planning Act 2016: Civil Penalties & Rent Repayment Orders) as he is a landlord and left the meeting during consideration of this item.

Residents of West Lancashire, on giving notice, may address the meeting to make representations on any item on the agenda except where the public and press are to be excluded during consideration of the item.  The deadline for submissions is 5.00pm on Thursday 2 November 2017.  A copy of the public speaking protocol and form to be completed is attached.

There were no items under this heading.

To receive as a correct record the minutes of the meeting of Cabinet held on 12 September 2017

RESOLVED               That the minutes of the Cabinet meeting held on 12 September 2017 be received as a correct record and signed by the Leader.

Consideration was given to the report relating to the following matters requiring decisions as circulated and contained on pages 605 – 801 and 883 – 888 of the Book of Reports.

(Relevant Portfolio Holder: Councillor J Forshaw)

Councillor Forshaw introduced the report of the Director of Housing and Inclusion which provided an update on the 2016/17 Garage Strategy Action Plan.

Minute no. 13 of the Landlord Services Committee (Cabinet Working Group) held on 2 November 2017 was circulated at the meeting.

In reaching the decision below, Cabinet considered the minute of the Landlord Services Committee (Cabinet Working Group) and the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED  (A)       That progress to date be noted.

(B)       That further funding and capital work activity for the garage stock be included in the Housing Revenue Account (HRA) budget process for future years.

(Relevant Portfolio Holder: Councillor J Hodson)

Councillor J Hodson introduced the report of the Director of Development and Regeneration which sought confirmation of the Article 4 Direction in respect of the Granville Park Conservation Area.

In reaching the decision below, Cabinet considered the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED  (A)       That the Article 4 Direction which covers Granville Park Conservation Area, as identified in Appendix A to the report, be confirmed.

                        (B)       That the Director of Development and Regeneration in consultation with the Portfolio Holder for Planning be authorised to make the necessary arrangements to inform residents and to publish details of the Article 4 Direction.

(Relevant Portfolio Holder: Councillor I Moran)

The Leader introduced the report of the Borough Solicitor which outlined proposed revisions to the protocol for public speaking at meetings of Cabinet, Overview and Scrutiny Committees, Audit & Governance Committee and Standards Committee and other related matters raised at the Public Involvement at Meetings Working Group.

In reaching the decision below, Cabinet considered the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED  (A)       That the revised ‘Public Speaking – Protocol’ for meetings of Cabinet, Overview & Scrutiny Committees, Audit & Governance Committee and Standards Committee, attached at Appendix 1 to the report at Appendix A, be endorsed and submitted to Council on 13 December 2017 for approval.

                        (B)       That it be noted that a regular press release will be produced highlighting public speaking timescales.

(Relevant Portfolio Holder: Y Gagen)

The Leader introduced the report of the Director of Leisure and Wellbeing which presented the draft Tawd Valley Park Masterplan.

In reaching the decision below, Cabinet considered the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED  (A)       That the Tawd Valley Park Masterplan, attached as an appendix to the report, be approved, subject to resource availability, and the project proceed to the next phase of design and costing of the proposals.

(B)      That the approved Tawd Valley Park Masterplan be circulated for a further short term public consultation, and the Director of Leisure and Wellbeing, in consultation with the Portfolio Holder for Leisure, be authorised to approve any further amendments

(Relevant Portfolio Holder: Councillor J Forshaw)

Councillor Forshaw introduced the report of the Director of Housing and Inclusion and Borough Treasurer which provided a summary of the Housing Revenue Account (HRA) and Housing Capital Programme positions for the 2017/2018 financial year.

Minute no. 14 of the Landlord Services Committee (Cabinet Working Group) meeting held on 2 November 20127 was circulated at the meeting

In reaching the decision below, Cabinet considered the minute of the Landlord Services Committee (Cabinet Working Group) and the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED  (A)       That the HRA and Housing Capital Programme positions be noted.

(B)         That the proposed capital budget adjustments set out in Appendix 2 to the report be endorsed for consideration by Council.

(C)      That call-in is not appropriate for this item as the report is being submitted to the next meeting of the Executive Overview and Scrutiny Committee on 23 November 2017.

(Relevant Portfolio Holders: Councillors Y Gagen & K Wright)

Councillor Wright introduced the report of the Director of Leisure and Wellbeing which presented the draft Health & Wellbeing Strategy and Delivery Plan for approval.

The Director of Leisure and Wellbeing circulated additional information and revised recommendations at the meeting.

In reaching the decision below, Cabinet considered the additional information and revised recommendations and the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED  (A)       That the Health and Wellbeing Strategy and Delivery Plan be approved, subject to any agreed amendments from the Executive Overview and Scrutiny Committee.

(B)      That the Director of Leisure & Wellbeing in consultation with the Portfolio Holder for Health & Community Safety be authorised to finalise the Health and Wellbeing Strategy and Delivery Plan having considered agreed comments of the Executive Overview and Scrutiny Committee.

(C)      That the call-in procedure is not appropriate for this item as the report will be submitted to the meeting of the Executive Overview and Scrutiny Committee on 23 November 2017.

(D)      That the Director of Leisure and Wellbeing’s actions in seeking and obtaining funding from the More Positive Together initiative in West Lancashire be endorsed.

(E)      That the Director of Leisure and Wellbeing take all necessary steps to deliver the More Positive Together initiative in West Lancashire, utilising the externally provided grant of up to £196,000, together with existing resources, as necessary.

(Relevant Portfolio Holder: Councillor K Wright)

Councillor Wright introduced the report of the Director of Leisure and Wellbeing which sought authority to amend the Private Sector Housing Enforcement Policy in light of the new powers provided to Local Authorities under the Housing and Planning Act 2016, specifically, civil penalties and rent repayment orders.

In reaching the decision below, Cabinet considered the details as set out in the report before it and accepted the reasons contained therein.

RESOLVED              That authority be delegated to the Director of Leisure and Wellbeing, in consultation with the relevant Portfolio Holder, to amend the current Private Sector Housing Enforcement Policy to include civil penalties and rent repayment orders as outlined in the report submitted to Council on 18 October 2017, attached at Appendix A.

It is recommended that members of the press and public be excluded from the meeting during consideration of the following item of business in accordance with Section 100A(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 (financial/business affairs) of Part 1 of Schedule 12A to the Act and as, in all the circumstances of the case the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.

(Note: No representations have been received about why the meeting should be open to the public during consideration of the following item of business).

Part 2

(Not open to the public)

RESOLVED              That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 (financial/business affairs) of Part 1 of Schedule 12A of that Act and as, in all the circumstances of the case, the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.

Consideration was given to the private & confidential reports contained on pages 803 - 882 and pages 889 – 897 of the Book of Reports.

(Relevant Portfolio Holders: Councillor I Moran & Councillor Y Gagen)

The Leader introduced the joint report of the Director of Development and Regeneration and Director of Leisure and Wellbeing which sought authority to dispose of Mart Lane Hall, Burscough.

A revised report of the Director of Development and Regeneration and Director of Leisure and Wellbeing was circulated at the meeting.

A motion from the Leader was circulated at the meeting.

In reaching the decision below, Cabinet considered the motion from the Leader and the details as set out in the revised report before it and accepted the reasons contained therein.

RESOLVED              That disposal of Mart Lane Hall, Burscough shall not be proceeded with at this time.

(Relevant Portfolio Holder: Councillor J Forshaw)

Councillor Forshaw introduced the report of the Director of Housing and Inclusion which provided an update on the latest position in relation to the Westec development project, and sought approval to proceed with the project based on tenders received and updated financial appraisal.

In reaching the decision below, Cabinet considered the details as set out in the report before it and accepted the reasons contained therein

RESOLVED  (A)       That the proposed scheme set out in the report be approved for consideration by Council.

                        (B)       That authority be granted to the Director of Development and Regeneration and the Director of Housing and Inclusion to take all steps necessary to appropriate that part of the land being retained by the Council from regeneration purposes to housing purposes. 

(Relevant Portfolio Holder: Councillor K Wilkie)

The Leader introduced the report of the Director of Street Scene which outlined the outcome of negotiations with Lancashire County Council in relation to future arrangements for the delivery of the public realm works in the Borough.

In reaching the decision below, Cabinet considered the details as set out in the report before it and accepted the reasons contained therein

RESOLVED              That delegated authority be given to the Director of Street Scene in consultation with the Portfolio Holder for Street Scene to enter into a 3 year partnership agreement for public realm works with Lancashire County Council, as set out in paragraph 4.4 of the report, subject to the cost of these works being contained within the available funding.

Note

No representations had been received in relation to the above items being considered in private.