Decisions

RESOLVED: That the minutes of the meeting held on 8 June 2023, be received as a correct record and signed by the Chairman.

There were no declarations of Party Whip.

There were no declarations of interest.

There were no items of urgent business.

An apology for absence was received on behalf of Councillor Paul Hennessy.

The Outdoor Recreation Manager introduced the report of the Corporate Director of Transportation, Housing and Resources, as contained on pages 11 to 32 of the Book of Reports, which provided an update to the Committee on the actions completed to plant the orchards at six sites in West Lancashire. 

Comments and questions were raised in respect of the following:

·       Tree Planting Policy being drafted

·       Tree seed planting

·       Removal of fallen fruit

·       Fruit variety and types of trees

RESOLVED: That the update be noted.

There were no items under this heading.

There were no items under this heading.

In accordance with Council Procedure Rule 4, the Committee noted the termination of Councillor Hesketh and the appointment of Councillor Marsh-Pritchard for this meeting only, thereby giving effect to the wishes of the Political Groups.

There were no items under this heading.

RESOLVED: That the minutes of the Member Development Commission held on Thursday, 19 October 2023 as contained in the Book of Reports on pages 307-308 be noted.

Councillor Furey introduced the report of the Corporate Director Transformation, Housing & Resources, which sought approval of the introduction of Meadow Areas into the borough, to improve biodiversity, pollinators, and invertebrates and to meet the commitments of the Climate Change Strategy and Action Plan.

The report detailed the shortlisted open spaces that are currently subject to regular grass cutting and that will be reduced to create Meadow Areas during the grass growing season, which will benefit the natural environment and decrease greenhouse gas emissions.

The Minute of the Executive Overview & Scrutiny Committee was circulated prior to the meeting.

In reaching the decision below, Cabinet considered the report before it and the recommendations contained therein.

RESOLVED:   A.     That the areas recommended for the potential creation of Meadow Areas be endorsed as identified in Appendix 1 to the report.

B.     That a 4-week public consultation be undertaken, in relation to creating the Meadow Areas detailed in Appendix 1, within the open spaces in West Lancashire.

C.     That the Minute of the Executive Overview and Scrutiny Committee, set out in Appendix 7 of the report, be noted.

D.     That delegated authority be given to the Head of Environmental Services, in consultation with the relevant Portfolio Holders, to commence work on those proposed Meadow Areas that receive a 50%+ positive feedback following consultation, to enable the creation of Meadow Areas.

E.     That should the Council receive 50%+ positive feedback from the consultation, the Meadow Areas be created at the start of the grass growing season.

F.     That the information signage to be installed at each public open spaces site accessed by members of the public and will provide information on Meadow Areas and the benefits of natural meadows, set out in Appendix 5 to the report, be approved.

G.    That Meadow Areas be reviewed and amended to reflect new national legislation, including Biodiversity Net Gain, updates to the Climate Change Act 2008 or local policy, such as the update to the Climate Change Strategy and Action Plan that is published.

The Clean and Green Operations Manager introduced the report of the Corporate Director of Transformation, Housing and Resources as contained on pages 279 to 306 which requested that the Committee considered and endorsed approval of the introduction of Meadow Areas into the Borough to improve biodiversity, pollinators, and invertebrates and to meet the commitments of the Climate Change Strategy Action Plan.

Comments and questions were raised in respect of:

·       Involvement of local schools

·       Hiring of machinery

·       Promotion of the proposals via pop up stalls/website

·       Consultation process

RESOLVED:

1.    That the areas recommended for the potential creation of Meadow Areas be endorsed as identified in Appendix 1 as appended to the report; and

2.    That approval from Cabinet be sought to conduct a 4-week public consultation around the Meadow Areas identified in Appendix 1; and

3.    That the report be noted; and

4.    That the Committee recommend approval from Cabinet be sought, that delegated authority be given to the Head of Environmental Services in consultation with the relevant Portfolio Holders, to work on the proposed Meadow Areas that receive a 50%+ positive feedback following consultation, to enable the creation of Meadow Areas at the start of the grass growing season; and;

5.    That Committee recommend that approval from Cabinet be sought that the information signage be installed at each public open spaces site accessed by members of the public that will provide information on Meadow Areas and the benefits of natural meadows as attached to the report at Appendix 5.

Councillor N Furey introduced the report of the Corporate Director of Transformation, Housing & Resources, which sought approval of the proposed Tree Policy.

The Minute of the Executive Overview & Scrutiny Committee had been circulated prior to the meeting.

In reaching the decision below, Cabinet considered the report before it and the recommendations contained therein.

RESOLVED:   A.     That the Minute of the Executive Overview and Scrutiny Committee, set out in Appendix 4 to the report, be noted.

B.     That the Tree Policy attached as Appendix 1 to the report be approved.

C.     That delegated authority be given to the Head of Environmental Services in consultation with the relevant Portfolio Holder to make amendments to the Tree Policy during the lifetime of the document.

D.     That the Tree Policy be reviewed and updated with new national legislation, including Biodiversity Net Gain, updates to the Climate Change Act 2008 or local policy, such as the update to the Climate Change Strategy and Action Plan that is published.

The Technical Services Manager introduced the report of the Head of Environmental Services, as contained on pages 259 to 278 of the Book of Reports which sought approval of the Tree Policy as appended to the report at Appendix to be approved to progress to Cabinet.

Comments and questions were raised in respect of:

·       Maintenance of trees

·       Communication/notification of nature of works to residents/Ward and Parish Councillors in relation to work to be carried out

·       Stock surveys

·       Caselaw and expectations of the public

·       Dangers of leaves on footpaths

RESOLVED:

1.   That the report be noted; and

2.   That in relation to 5.2 of the report, the Committee recognises caselaw and requests that Cabinet/Council consider public expectations relating to Council trees; and

3.  That a frequently asked questions be drafted providing indication of the types of works conducted

Councillor G Dowling introduced the report of the Corporate Director of Transformation, Housing & Resources, which detailed the results of the consultation on the draft CIL Funding Programme for 2023 and proposed final recommendations for the CIL Funding Programme in 2023.

The minute of the Executive Overview & Scrutiny Committee had been circulated prior to the meeting.

In reaching the decision below, Cabinet considered the report before it and the recommendations contained therein.

RESOLVED:   A.     That the consultation feedback report, provided at Appendix 2 to the report, be noted.

B.     That CIL monies be allocated to the delivery of the following 9 projects of £100,000 or less in 2023/24:

·       Holmeswood Play Area Fence Replacement, Rufford and Holmeswood Parish Council - £3,000

·       Holmeswood MUGA (Phase 2), Rufford and Holmeswood Parish Council - £13,000

·       Replacement Bus Shelters in Rufford and Holmeswood, Rufford and Holmeswood Parish Council - £9,900

·       Rufford Park Play Area, Rufford and Holmeswood Parish Council - £4,500

·       Aughton Surgery, Aughton - To increase capacity to deliver GP and primary care NHS provision, NHS Lancashire and South Cumbria Integrated Care Board (ICB) - £50,000

·       Hall Green Surgery, Skelmersdale - To increase capacity to deliver GP and primary care NHS provision, NHS Lancashire and South Cumbria Integrated Care Board (ICB) - £25,000

·       Hants Lane Clinic, Ormskirk – To increase capacity for the provision of GP and primary care services, NHS Lancashire and South Cumbria Integrated Care Board (ICB) - £50,000

·       Fairy Glen Green Infrastructure Improvements, WLBC - £55,000

·       Environmental site enhancements at Kiln Lane and Tongbarn playing fields, Skelmersdale, WLBC - £62,700

C.     That CIL monies be allocated to the delivery of the following 3 projects over £100,000 in 2023/24:

·        Halsall-Scarisbrick Canal Towpath Improvements, Canal and River Trust - £175,095.14

·       UK Shared Prosperity Fund (UKSPF) Community Grant Scheme Match Funding, WLBC - £344,410.50

·       Beacon Country Park Play Area Improvements, WLBC - £346,500

D.     That Ormskirk Neighbourhood CIL monies be allocated to the delivery of the 5 following projects in 2023/24:

·         Whittle Drive Changing Facilities, WLBC - £40,000

·         West End Park Improvements, WLBC - £80,000

·         Halsall Lane Park Improvements, WLBC - £16,500

·         Green Lane Rugby Pitch Improvements, Ormskirk Rugby Club - £9,261.97

·         Whittle Drive Pitch Improvements, Ormskirk West End Football Club - £6,100

A Senior Planning Officer, Planning and Regulatory Services introduced the report as contained on pages 65 to 258 of the Book of Reports which:

1.    Reported on the consultation on the draft CIL Funding Programme for 2023; and

2.    Proposed final recommendations for the CIL Funding Programme 2023.

Comments and questions were raised in respect of:

·       CIL funding in relation to fund the expansion of General Practitioner infrastructure and criteria

·       Replacement of existing Bus Shelters and criteria

RESOLVED: That the report be noted.

Councillor R Molloy introduced the report of the Head of Finance, Procurement & Commercial Services, which detailed the Treasury Management operations for the first half of 2023/24 and the Prudential Indicators, where available.

The Minute of the Executive Overview & Scrutiny Committee was circulated prior to the meeting.

In reaching the decision below, Cabinet considered the report before it and the recommendations contained therein.

RESOLVED:   A.     That the Treasury Management activity and Prudential Indicator performance for the first quarter of 2023/24, be noted.

B.     That the changes to the Prudential Indicators highlighted in section 9.3 of the report be noted and endorsed for approval by Council on 13 December 2023.

The Head of Finance, Procurement and Commercial Services introduced the report as contained on pages 57 to 64 of the Book of Reports which set out details of

1.    Treasury Management operations for the first half of 2023/24; and

2.    Reported on the Prudential Indicators, where available.

Comments and questions were raised in respect of:

·       TVDL expenditure

·       Risks associated in relation to Investment with other Local Authorities

·       Significant changes following publication of the agenda and reports

·       Investment Plan/borrowing/subsidiaries

 RESOLVED:

1.    That the report be noted; and

2.    That Local Authorities invested in be identified and details circulated to the Committee following the meeting; and

3.    That any significant changes that have occurred since publication of the agenda and reports be circulated and reported to the Committee and to Cabinet.

Councillor R Molloy introduced the report of the Head of Finance, Procurement & Commercial Services, which provided a summary of the Housing Revenue Account (HRA) and Housing capital programme positions for the 2023/24 financial year.

The Minutes of the Executive Overview & Scrutiny Committee and the Landlord Services Committee (Cabinet Working Group) had been circulated prior to the meeting.

In reaching the decision below, Cabinet considered the report before it and the recommendations contained therein.

RESOLVED:   That the 2023/24 HRA and Housing capital programme positions be noted and endorsed.

The Principal Finance Business Partner introduced the report as contained in the Book of Reports on pages 49-56 the purpose of which was to provide a summary of the Housing Revenue Account (HRA) and Housing Capital Programme positions for the 2023/24 financial year.

Comments and questions were raised in respect of:

·       TVDL Business Plan

RESOLVED: That the 2023/24 HRA and Housing Capital Programme positions be noted.

Councillor R Molloy introduced the report of the Head of Finance, Procurement & Commercial Services, which sought agreement of a Revised General Revenue Account (GRA) Capital Programme for 2023/24 and provided an update on the progress of capital schemes.

The Minute of the Executive Overview & Scrutiny Committee had been circulated prior to the meeting.

In reaching the decision below, Cabinet considered the report before it and the recommendations contained therein.

RESOLVED:   A.     That the revised Capital Programme, including budget adjustments and re-profiling contained within Appendix A and B to the report, be approved.

B.     That progress against the Revised Capital Programme at the mid-year point be noted.

The Principal Finance Business Partner introduced the report as contained in the Book of Reports on pages 33 to 38, the purpose of which was:

1.    To agree A Revised General Revenue Account (GRA) Capital Programme  
  for  2023/24; and

2.    To provide and update on progress on capital schemes.

Appended to the report at Appendix A were details of the Funding of the Capital Programme.  Appended to the report at Appendix B were details of the 2023-2024 Revised Capital Programme Spend to date Against Budget.  Appended to the report at Appendix C were details of Capital Re-profiling and Significant Variances.

Comments and questions were raised in respect of:

·       Corporate and Customer Services

·       Planning and Regulatory Services

·       Wellbeing and Place Services

·       Review of Leisure Services

·       Capital Resources (as referred to at paragraphs 6.3 and 6.4 of the report)

·       Changing Places Facilities (as referred to at Appendix C of the report at page 46)

RESOLVED:

1.    That the reported be noted; and

2.    That clarification be sought regarding the issues raised at paragraphs 6.3   
  and 6.4; and at Appendix C, page 46 regarding Changing Places; and

3.    That points of clarification relating to paragraphs 6.3 and 6.4 and   
  Changing Places will be circulated to the Committee following the
  meeting.

Councillor R Molloy introduced the report of the Head of Finance, Procurement & Commercial Services, which provided a summary of the General Revenue Account (GRA) position for the 2023/24 financial year at quarter 2.

The Minute of the Executive Overview & Scrutiny Committee had been circulated prior to the meeting.

In reaching the decision below, the Cabinet considered the report before it and the recommendations contained therein.

RESOLVED:   That the 2023/24 GRA position be noted and endorsed.

The Head of Finance, Procurement and Commercial Services introduced the report as contained in the Book of Reports of the supplementary agenda which provided a summary of the General Revenue Account (GRA) position for the 2023/24 financial year at quarter 2.

RESOLVED: That the 2023/2023 GRA position be noted.

The Repairs and Services Manager, Housing Services, introduced the report of the Corporate Director of Transportation, Housing and Resources, as contained on pages 25 to 31 of the Book of Reports, which provided an update on the Quarter 1 and 2 Customer Feedback data received in relation to the Council's responsive contractor, Wates, and the actions being taken as a result of the data to improve the service provided.

The report included an analysis of complaints that had been received via the Customer Feedback Policy in relation to Wates and details of improvements being made to the repairs service.  Appended to the report at Appendix A, were details of Customer Feedback Data.

Comments and questions were raised in respect of:

·       Programme of work for kitchen installations

·       Responses/delays in completion of work

·       Number/types of complaints and positive feedback

·       Improvements to the repairs service

·       Voids

·       Joint working/sharing of ideas

·       Channels of communication with tenants

In addition to the Repairs and Services Manager, Mr Mark Harrison and Mr Steve Cartwright, representatives of Wates, responded to questions and comments from the Committee.

RESOLVED:

1.       That the customer feedback Q1 and Q2 2023/2024 in relation to Wates  be noted; and

2.    That a further report containing details of programme work and repair 
       figures be presented to the Committee following a period of six months.

There were no items under this heading.

That the Minutes of the meeting held 14 September 2023 be received as a correct record and signed by the Chairman.

Consideration was given to the Minutes of Cabinet held on 26 September as contained on pages 9 to 18 of the Book of Reports.

RESOLVED: That the Minutes of the Cabinet held 26 September 2023 be noted.

There were no declarations of Party Whip.

There were no declarations of interest.

There were no apologies received.

Councillor Prcye-Roberts introduced the report of the Corporate Director of Transformation, Housing & Resources, which sought approval of 4 new housing polices:

•         Decorations Allowance Policy

•         Disrepair Policy

•         Tenant Alterations Policy

•         Repairs Policy

The Minute of the Landlord Services Committee (Cabinet Working Group) had been circulated prior to the meeting.

As Councillor Pryce-Roberts was in attendance remotely, the Leader moved the recommendations in the report, which were seconded.

In reaching the decision below, Cabinet considered the report before it and the recommendations contained therein. 

RESOLVED:   That the following policies, attached as appendices to the report, be approved:

A.        Decorations Allowance Policy

B.        Disrepair Policy

C.        Tenant Alterations Policy

D.        Repairs Policy

Councillor Dowling introduced the report of the Corporate Director of Transformation, Housing & Resources, which sought authorisation to allocate Section 106 (S106) monies received from planning permission 2013/0994/FUL for development of land at 114 Summerwood Lane, Halsall, to The Canal and River Trust (CRT) to assist in the delivery of improvements to a section of the Halsall-Scarisbrick Canal Towpath Improvements.

In reaching the decision below, Cabinet considered the report before it and the recommendations contained therein.

RESOLVED:   That the allocation and spending of £15,000 of S106 funding from planning permission 2013/0994/FUL to assist in the delivery of the Halsall-Scarisbrick Canal Towpath Improvements Project be approved.

Consideration was given to the report of Simon Goacher, Independent Legal Adviser, on behalf of the Chief Operating Officer, the Corporate Director of Transformation, Housing & Resources, as contained on pages 145 to 150 of the Book of Reports, which presented information about virement levels adopted by other authorities and recommended approval of the revised virements levels as set out in the report.

RESOLVED:   A.     That the amendment of the virement approval levels in the Budget and Policy Framework be approved as follows:

Service Head                                                   £25,000

Chief Officers and Section 151 Officer              £50,000

Cabinet                                                           £100,000

(Policy & Resources Committee from May 2024)        

Full Council                                              over £100,000

B.     That the Proper Officer Provisions and Scheme of Delegation to Chief Officers etc (Constitution 4.2 to 4.2C), C. To the Head of Finance, Procurement & Commercial Services (as section 151 officer) to increase write off levels to £25,000, be amended as set out in Appendix 1 to the report.

C.     That the Head of Legal & Democratic Services update the Constitution accordingly.

Consideration was given to the report of the Corporate Director of Transformation, Housing & Resources, as contained on pages 103 to 136 of the Book of Reports, which presented the Overview and Scrutiny Annual Report 2022/23 and considered how Overview and Scrutiny is working at West Lancashire.

RESOLVED:   That the Overview and Scrutiny Annual Report 2022/23, appended to the report, be noted and the Overview and Scrutiny Committees be commended on their work.

Consideration was given to the report of the Corporate Director of Transformation, Housing & Resources, as contained on pages 47 to 72 of the Book of Reports, which presented the Council Annual Review 2022/23.

RESOLVED:   A.     That the Council Annual Review 2022/23 (Appendix 1) be noted.

B.     That authority be given to the Corporate Director of Transformation, Housing and Resources, in consultation with the relevant Portfolio Holder, to make any minor final amendments to the document prior to publication.

Consideration was given to the report of the Corporate Director of Transformation, Housing & Resources, as contained on pages 151 to 154 of the Book of Reports, which provided an update position on the future of a Youth Mayor/Ambassador.

A Motion to approve the recommendation at paragraph 2 of the report, was moved and seconded.

An Amendment, that the Report with the information agreed by Full Council on the 12 October 2022 be brought to the February 2024 Meeting of the Full Council, was moved and seconded.

A vote was taken on the Amendment, which at the request of a Member, was recorded as follows:

FOR:                Councillors Bailey, Blundell, Daniels, Eccles, de Freitas, Gordon, Howard, Juckes, Mrs Marshall, Rear, Rigby, Webster, D Westley, Mrs Westley, Whittington and Witter (SIXTEEN)

AGAINST:        Councillors Aldridge, Anderson, Burnside, Coughlan, Cummins, Devine, Dowling, Fennell, Fillis, Finch, Fowler, Furey, Gagen, N Hennessy, P Hennessy, Lawson, Lloyd, Marsh-Pritchard, Molloy, Nixon, Owen, Parlour, Patel, Pryce-Roberts, West and Yates (TWENTY SIX)

ABSTENSION: Councillor Hesketh (ONE)

The Amendment was LOST.

A vote was taken on the Motion, which was CARRIED.

RESOLVED:   That further work be undertaken to explore best value options to promote youth involvement in decision making and youth related activities within the borough whether that be via a Youth Mayor/Ambassador or other role/mechanism.

Consideration was given to the report of Simon Goacher, Independent Legal Adviser, on behalf of the Chief Operating Officer, as contained on pages 137 to 144 of the Book of Reports, which presented the draft terms of reference of the Policy and Resources Committee for approval.

Appendix 2, containing the draft Committee Structure, had been circulated prior to the meeting.

A Motion to approve the recommendations at paragraph 2 of the report, were moved and seconded.

An Amendment to the Motion to defer consideration of the report until an all Member Briefing is held, was moved and seconded.

A vote was taken on the Amendment, which was LOST.

A Further Amendment to the Motion, to include that a full Member Briefing be arranged as soon as possible, was moved and seconded.

A vote was taken on the Further Amendment, which was LOST

A vote was taken on the Motion, which as CARRIED.

RESOLVED:   A.     That a single Policy and Resources Committee be approved, when the Council moves to a committee system of governance from May 2024.

B.     That the Terms of Reference of the Policy and Resources Committee as set out in Appendix 1 to the report, be approved.

To set out details of the proposed Social Value Policy.

Consideration was given to the report of the Corporate Director of Transformation, Housing & Resources, as contained on pages 33 to 46 of the Book of Reports, which set out details of the proposed Social Value Policy.

The minutes of the Executive Overview & Scrutiny Committee and Cabinet had been circulated prior to the meeting.

RESOLVED:   A.     That the Social Value Policy is noted and approved.

B.     That authority be given to Head of Finance, Procurement and Commercial Services to make and approve changes to the Social Value Policy to reflect any changes to Law or Regulatory Guidance with no further reference to Council.

To report the results of the draft Council Plan consultation and agree amendments to the draft Council Plan. To seek approval to adopt the document attached at Appendix A as the “Council Plan 2023-2028".

Consideration was given to the report of the Corporate Director of Transformation, Housing & Resources, as contained on pages 73 to 102 of the Book of Reports, which sought approval of the Council Vision and Priorities 2023-2028.

The minutes of the Executive Overview & Scrutiny Committee and Cabinet, including a revised Appendix A, were circulated prior to the meeting.

A Motion, circulated prior to the meeting, was moved and seconded.

A vote was taken, the Motion was CARRIED.

RESOLVED:   A.     That having regard to the comments from Executive Overview & Scrutiny and Cabinet along with the results from the public consultation contained in the report, the “Council Vision and Priorities 2023-2028" attached in the revised Appendix A, circulated prior to the meeting, be approved and adopted.

B.     That the proposed process for adopting a monitoring framework for the new Priorities, be taken through Executive Scrutiny and Cabinet in February/March 2024.

C.     That the proposed interim reporting arrangements for the remaining quarter performance reporting for 2023/24 be approved.

Consideration was given to a Notice of Motion moved by Councillor Westley and seconded by Councillor Whittington in the following terms:

“That pursuant to their powers under Section 249 (1) of the Local Government Act 1972, the Council do confer upon Mrs May Blake, the title of Honorary Alderman of the Borough of West Lancashire in recognition of the eminent services which she has rendered to the Council of the Borough of West Lancashire during the 28 years in which she was a Member of the Council.”

In moving the above Motion, Councillor Westley paid tribute to the services rendered to the Council by former Councillor Mrs Blake during her 28 years as a Councillor.

Councillor Whittington, in seconding the Motion, concurred with Councillor Westley’s remarks, as did other Members who were in attendance.

The Mayor then put the Motion to the vote and as there were more than two-thirds of the Members voting thereon in favour of the Motion, as required by Section 249(1) of the Local Government Act 1972, it was

RESOLVED:   That pursuant to their powers under Section 249 (1) of the Local Government Act 1972, the Council do confer upon Mrs May Blake, the title of Honorary Alderman of the Borough of West Lancashire in recognition of the eminent services which she has rendered to the Council of the Borough of West Lancashire during the 28 years in which she was a Member of the Council.