Agenda, decisions and minutes

Decision: That the minutes of the Executive Cabinet meeting held on 23 February 2023 be confirmed as a correct record for signature by the Executive Leader.

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of any interests.

Members of the public who have requested the opportunity to ask a question(s) on an item(s) on the agenda will have three minutes to put their question(s) to the respective Executive Member(s).  Each member of the public will be allowed to ask one short supplementary question. 

There were no public questions.

To receive and consider the report of the Director of Communities.

1.    That Executive Cabinet approves the draft revised Private Sector Housing Assistance Policy for stakeholder consultation from April to June 2023, including consultation with the Equality Forum at their meeting on 20 June.

2.    That any minor changes to the draft policy following the consultation can be approved by the delegated authority of the Executive Member (Homes and Housing). Any significant changes arising from the consultation would be brought back to Executive Cabinet on 13 July 2023.

Councillor Terry Howarth, Executive Member for Homes and Housing presented the report of the Director of Communities which sought permission from Executive Cabinet to consult on the revised draft Private Sector Housing Assistance Policy, with a view to adopting the revised policy with effect from July 2023. The report also outlined the reasons for the key recommended changes in the revised draft Private Sector Housing Assistance Policy.

The Executive Cabinet noted that the draft revised policy had been compiled following publication of updated Government guidance to Local Authorities on the delivery of the Disabled Facilities Grant (DFG). Any minor changes to the policy after the consultation period would be considered and approved through delegation to the Executive Member (Homes and Housing).

Members considered the key policy proposals which were set out in the report, including differences with the proposals and the relevant clause in the existing policy as well as an explanation as to why the item was being recommended. Several new proposed services such as Hospital Discharge Grants, Dementia Grants, Affordable Warmth Assistance and conversion of the DFG referral to Chorley Adaption Grants (CAG) referral were also included.

The appointment of an Occupational Therapist within the Home Improvement Agency (HIA) team was also proposed. This option would be addressed in more detail as an item at a future Executive Cabinet meeting, however Members supported this inclusion. The Executive Cabinet recognised the importance of this work and welcomed the proposals.

Decision:

1.    That Executive Cabinet approves the draft revised Private Sector Housing Assistance Policy for stakeholder consultation from April to June 2023, including consultation with the Equality Forum at their meeting on 20 June.

2.    That any minor changes to the draft policy following the consultation can be approved by the delegated authority of the Executive Member (Homes and Housing). Any significant changes arising from the consultation would be brought back to Executive Cabinet on 13 July 2023.

Reasons for recommendations

1.    The existing Private Sector Housing Assistance Policy has been in place since June 2018 and is due for review. Certain aspects of the existing policy have either ceased (principally due to cessation of fixed term external funding) or are now being delivered differently.

2.    The Government issued updated Disabled Facilities Grant (DFG) Delivery Guidance for Local Authorities in England in 2022 which the proposed policy seeks to reflect.

Other options considered and rejected

As the Government has issued revised DFG Delivery Guidance it would not be appropriate to defer the revision of the Council’s Private Sector Housing Assistance Policy.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Condition:

Information is not exempt if it is required to be registered under-

The Companies Act 1985

The Friendly Societies Act 1974

The Friendly Societies Act 1992

The Industrial and Provident Societies Acts 1965 to 1978

The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)

The Charities Act 1993

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

To exclude the public and press.

Decision: To exclude the press and public for the following items of business on the grounds they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

To receive and consider the report of the Director of Change and Delivery.

To approve the proposal to offer fully funded audits measuring the energy use of individual businesses, and grant support to implement the recommended carbon reduction/energy saving measures from those audits.

Councillor Alistair Bradley, Executive Member for Economic Development and Public Service Reform presented the confidential report of the Director of Change and Delivery which sought approval for a Business Energy and Road to Net Zero Support scheme for Chorley Businesses.

Decision:

To approve the proposal to offer fully funded audits measuring the energy use of individual businesses, and grant support to implement the recommended carbon reduction/energy saving measures from those audits.

Reason for recommendations

With the energy caps being lifted, rising energy costs are now financially impacting the overheads of businesses placing additional financial pressure on them. This presents challenges for business viability, placing jobs at risk. In 2019 Chorley Council declared a climate emergency which involved pledging to make the borough carbon neutral by 2030. This new grant scheme will help businesses to reduce their energy usage, costs and ultimately, their carbon footprint.

Other options considered and rejected

To not provide a council scheme and instead sign post to partner provision. Other options considered were the MaCaW (Making Carbon Work) and the Chamber Low Carbon scheme. Funding for the MaCaW project recently ended and the Chamber only has limited funds left available for energy audits only and limited capacity.

To receive and consider the report of the Director of Customer and Digital.

1.    To proceed with a five-year program for replacing the council-maintained bus shelter stock, design, and procurement, commencing 2023/24.

2.    That the final award of the procurement of bus shelters contract be delegated to the Executive Member for Resources for approval following procurement exercise.

3.    That any agreement of a deed of variation to the Clear Channel contract be delegated to the Executive Member for Resources to include provision of eco-friendly living roof bus shelters, subject to commercial agreement.

Councillor Alistair Bradley, Executive Member for Economic Development and Public Service Reform presented the confidential report of the Director of Customer and Digital on behalf of Councillor Peter Wilson, Executive Member for Resources which outlined the proposals for a five-year replacement program for the Council bus shelter stock, design and procurement route for approval.

Members recognised the importance of these improvement works to maintain the successful use of the borough’s bus routes.

Decision:

1.    To proceed with a five-year program for replacing the council-maintained bus shelter stock, design, and procurement, commencing 2023/24.

2.    That the final award of the procurement of bus shelters contract be delegated to the Executive Member for Resources for approval following procurement exercise.

3.    That any agreement of a deed of variation to the Clear Channel contract be delegated to the Executive Member for Resources to include provision of eco-friendly living roof bus shelters, subject to commercial agreement.

Reasons for recommendations

The current bus shelter stock is in varied condition but will benefit from replacement within a five-year term.

Other options considered and rejected

1.    To retain the existing bus shelter stock and only repair or replace them on an ad hoc basis. This has been rejected as in some cases the cost of repair is significant and will not benefit from economies of scale. The shelters will also continue to deteriorate.

2.    To remove the bus shelters and not replace them. This has been rejected as it would leave the public exposed to the elements leading to dissatisfaction and complaints.

To receive and consider the report of the Director of Commercial Services.

That the terms provisionally agreed for the grant of a new lease are approved and the Director of Governance be authorised to complete the legal formalities in accordance with these terms.

Councillor Alistair Bradley, Executive Member for Economic Development and Public Service Reform presented the confidential report of the Director of Commercial Services on behalf of Councillor Peter Wilson, Executive Member for Resources which sought Member authorisation for the grant of a new lease of Units 28-29, Market Walk to Ryman Group Ltd. subject to terms provisionally agreed by the Council’s Consultant Surveyor as detailed in this report. 

Decision:

That the terms provisionally agreed for the grant of a new lease are approved and the Director of Governance be authorised to complete the legal formalities in accordance with these terms.

Reasons for recommendations:

Following extensive negotiations with The Tenant’s Agent, the proposed terms have been provisionally agreed in conjunction with the Council’s Retail Consultants and reflect current market conditions within the Market Walk Centre in line with other leases on similar units which have recently been agreed/completed. A market commentary is provided for information at Appendix 2.

Other options considered and rejected:

Termination of the lease and remarketing of the units. This was rejected on the grounds of potential loss of income and creation of voids and gaps of occupation in the Centre which would reduce footfall and detract from the marketability of other units and the value of the Centre. The Tenants already have a secure tenancy so it would be difficult to find valid ground to determine the Tenancy in any case.

To receive and consider the report of the Chief Executive.

1.    To approve the development of a site masterplan for Gillett Playing Fields following the principles set out in the report and summarised in paragraph 23-26.

2.    To approve a budget of up to £73k at Gillett Playing Fields so this can be expended before the expiry of the Section 106 on 4 July 2023. A further report will be brought to Full Council setting out a budget for the full Gillett Playing Fields project including both received and pending s106 sums.

3.    To approve the development of a site masterplan for Jubilee Recreation Ground following the principles set out in the report and summarised in paragraphs 27-33. Jubilee Recreation Ground already has Full Council budget approval of up to £749k through previous budget reports.

4.    To seek Executive Cabinet approval for the tender evaluation criteria for enhancement works at Jubilee Recreation Ground in Appendix 3.

5.    To request that the authority to award the high value procurement contract to the value of up to £467k for the enhancement of Jubilee Recreation Ground is delegated to Executive Member Decision.

Councillor Alistair Morwood, Executive Member for Planning and Development presented the confidential report of the Chief Executive which updated Members on the funding currently available and the site development proposals for both Gillett Playing Fields and Jubilee Playing Fields.

The Executive Cabinet supported the proposals and noted the following errors in the report which were verbally rectified:

1.    The £73k allocated from the Letherlands Farm development was located in Chorley North East ward, not Buckshaw and Whittle.

2.    The £1,599 allocated from Guildford Avenue was in Chorley North and Astley ward, not Chorley North East.

Decision:

1.    To approve the development of a site masterplan for Gillett Playing Fields following the principles set out in the report and summarised in paragraph 23-26.

2.    To approve a budget of up to £73k at Gillett Playing Fields so this can be expended before the expiry of the Section 106 on 4th July 2023. A further report will be brought to Full Council setting out a budget for the full Gillett Playing Fields project including both received and pending s106 sums.

3.    To approve the development of a site masterplan for Jubilee Recreation Ground following the principles set out in the report and summarised in paragraphs 27-33. Jubilee Recreation Ground already has Full Council budget approval of up to £749k through previous budget reports.

4.    To seek Executive Cabinet approval for the tender evaluation criteria for enhancement works at Jubilee Recreation Ground in Appendix 3.

5.    To request that the authority to award the high value procurement contract to the value of up to £467k for the enhancement of Jubilee Recreation Ground is delegated to Exec Member Decision.

Reasons for recommendations

1.    A proportion of the Section 106 already collected for Gillett playing Fields and valued at £73k has a spend deadline of 4th July 2023. The initial works proposed do not prevent the full development of the site at a later date and are essential to any significant redevelopment proposal of the site.

2.    The Section 106 collected for Jubilee Recreation Ground needs to be spent from December 2023 onwards. There is a small sum that is allocated towards carrying out a topographical survey that has to be spent by June 2023.

Other options considered and rejected

1.    Delaying any spend at Gillett Playing Fields until a scheme fully developed and the pending allocations have been received / collected was considered, however this would result in funding of £73k being returned to developers in 2023.

2.    Should a scheme not be taken forward at Jubilee Recreation Ground as set out in the requirements of the S106 all the money collected and not spent by the expiry dates would need to be given back to the developer. A scheme needs to be delivered.