Agenda, decisions and minutes

The Mayor invited Members to observe a minute’s silence in memory of former Councillor Jim Minall. 

Councillors Matthew Tomlinson, David Howarth, Karen Walton and Michael Green paid tribute and sent their condolences to the family.

Apologies were received from Councillors Caroline Moon, Stephen Thurlbourn and Ian Watkinson.

Councillor Gareth Watson attended the meeting via Microsoft Teams and so was not able to participate in voting.

Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest. Members are reminded that if the interest is a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct) they must leave the room for the whole of that item.

If the interest is not a Disclosable Pecuniary Interest, but is such that a member of the public could reasonably regard it as being so significant that it is likely that it would prejudice their judgment of the public interest (as explained in the Code of Conduct) then they may make representations, but then must leave the meeting for the remainder of the item.

Councillors Michael Green and Barrie Yates declared a non-pecuniary interest in item 16. Greater Lancashire Deal. 

Approved.

Resolved (by majority 45:0:1)

That the minutes of the Council meeting held on 24 November 2021 be approved as a correct record.

For: Councillors Will Adams, Jacky Alty, Jane Bell (Mayor), Renee Blow, Damian Bretherton, Julie Buttery, Aniela Bylinski Gelder, Matt Campbell, Carol Chisholm, Colin Coulton, Mal Donoghue, Bill Evans, James Flannery, Derek Forrest, Paul Foster, Mary Green, Michael Green, Harry Hancock, Jon Hesketh, Mick Higgins, David Howarth (Deputy Mayor), Cliff Hughes, Clare Hunter, Susan Jones, Chris Lomax, Jim Marsh, Keith Martin, Jacqui Mort, Peter Mullineaux, Alan Ogilvie, John Rainsbury, Colin Sharples, David Shaw, Margaret Smith, Phil Smith, David Suthers, Mick Titherington, Caleb Tomlinson, Matthew Tomlinson, Matthew Trafford, Angela Turner, Kath Unsworth, Karen Walton, Paul Wharton-Hardman, Carol Wooldridge

Abstention: Barrie Yates

The Mayor gave an update on her recent duties, and highlighted a valentine’s afternoon tea on Friday, 25 February.

The Mayor noted the following day was Holocaust Memorial Day and invited all present to reflect on the theme of One Day. 

To receive and consider the report of the Cabinet held on 15 December 2021.  The report from the meeting held on 19 January 2022 will follow.

Noted.

Members received a general report of the Cabinet meetings held on 5 December 2021 and 19 January 2022. 

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Deputy Leader of the Council, Councillor Mick Titherington and subsequently

Resolved (unanimously) that the report be noted.

To receive and consider the report of the Director of Governance and Monitoring Officer.

Noted.

Members received a report setting out a number of urgent decisions taken in accordance with urgency procedures outlined in the Council’s Constitution since the report to the last meeting of Council.

These urgent decisions include ‘key’ decisions taken by the Executive (i.e. Cabinet of Individual Executive Members) as defined in the Cabinet Forward Plan / Notice of Executive Decisions, decisions which include confidential or exempt information, and urgent decisions for which the Mayor agreed to waive scrutiny call-in. For clarification, these do not relate to urgent decisions arising from the COVID pandemic.

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Deputy Leader of the Council, Councillor Mick Titherington and subsequently

Resolved (unanimously) that the report be noted.

To receive and consider the report of the Governance Committee held on 30 November 2021.

Noted.

Members received a general report of the Governance Committee meeting held on 29 September.

It was proposed by the Vice Chair of the Governance Committee, Councillor Colin Sharples, seconded by Councillor Ange Turner and subsequently

Resolved (unanimously) that the report be noted.

To receive and consider the report of the Scrutiny Committee held on 11 January.

Noted.

Members received a general report of the Scrutiny Committee held on 11 January.

It was proposed by the Chair of the Scrutiny Committee, Councillor David Howarth, seconded by the Vice Chair of the Scrutiny Committee, Councillor Michael Green and subsequently

Resolved (unanimously) that the report be noted.

To receive and consider the report of the Task Group.

1.         Noted.

2.         Request Cabinet to consider the recommendations for implementation.

The Chair of the Scrutiny Committee, Councillor David Howarth, presented the recommendations of the Scrutiny Review Task Group. 

Councillor Howarth thanked all those members and officers who contributed to the task group.  A number of typographical errors were noted and an updated version will be considered by the Cabinet. 

A number of members spoke in support of the report, including Councillor Karen Walton, Michael Green, Will Adams, Matt Trafford, Jacqui Alty, Derek Forrest and Michael Titherington (Deputy Leader of the Council). 

It was proposed by the Chair of the Scrutiny Committee, Councillor David Howarth, seconded by Councillor Karen Walton and subsequently

Resolved (unanimously)

1.         That the report be noted.

2.         To request Cabinet to consider the recommendations for implementation.

To receive and consider the report of the Director of Governance and Monitoring Officer.

Approved, subject to amendments.

The Leader of the Council, Councillor Paul Foster, presented the report of the Director of Governance which sought approval for the calendar of meetings for the 2022-23 municipal year.

It was noted that school holidays were avoided where possible, but that this was not always possible. 

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Deputy Leader of the Council, Councillor Mick Titherington, and subsequently

Resolved (unanimously)

That the 2022-23 calendar of meetings be approved, subject to the following amendments:

·                Council Tax setting to be 1 March as there is no 29 February.

Governance Committee to move from

·                Monday 26 September to Tuesday 27 September

·                Thursday 19 January to Tuesday 10 January

·                Wednesday 8 March to Tuesday 7 March (swapped with Licensing)

Report of the Director of Customer and Digital attached.

That an increase of £70,000 in the capital programme is approved in respect of this scheme to allow the additional works detailed in the body of the report to be carried out.

The Cabinet Member (Finance, Property and Assets), Councillor Matthew Tomlinson, presented the report of the Director of Customer and Digital which requested a budget uplift as a result of public consultation feedback and an updated survey of the site’s condition.  

It was noted that the surface of the playground had a limited remaining life and it made sense to replace this whilst the rest of the work was being undertaken.

Several members spoke in support of the proposals, including Councillor Barrie Yates, Ange Turner and Phil Smith.

It was proposed by the Cabinet Member (Finance, Property and Assets), Councillor Matthew Tomlinson, seconded by the Leader of the Council, Councillor Paul Foster, and subsequently

Resolved (unanimously)

That an increase of £70,000 in the capital programme is approved in respect of this scheme to allow the additional works detailed in the body of the report to be carried out.

To receive and consider the report of the Director of Governance and Monitoring Officer.

1.         Consider the recommendation of the Governance Committee.

2.         Approve that Public Sector Audit Appointments Limited be recommissioned to act as the appointing person for the appointment of an external auditor for South Ribble Council for the five financial years commencing 1 April 2023.

The Vice Chair of the Governance Committee, Councillor Colin Sharples, presented the report of the Director of Governance which set out the options available to the Council for the appointment of an external auditor for the period 2023/24 to 2027/28.

It was proposed by the Vice Chair of the Governance Committee, Councillor Colin Sharples, seconded by Councillor Ange Turner and subsequently

Resolved (unanimously)

1.         To note the recommendation of the Governance Committee.

2.         To approve that Public Sector Audit Appointments Limited be recommissioned to act as the appointing person for the appointment of an external auditor for South Ribble Council for the five financial years commencing 1 April 2023.

To receive and consider the report of the Director of Planning and Development.

To approve the revised Gambling Policy 2022 – 2025.

The Chair of the Licensing and Public Safety Committee, Councillor James Flannery, presented the report of the Director of Planning and Development which outline to Members the proposed revisions required to the Council’s Statement of Licensing Policy (Gambling).

It was proposed by the Chair of the Licensing and Public Safety Committee, Councillor James Flannery, seconded by the Cabinet Member (Planning, Business Support and Regeneration) Councillor Bill Evans, and subsequently

Resolved (unanimously)

To approve the revised Gambling Policy 2022 – 2025.

To receive and consider the report of the Director of Planning and Development.

1.         To note the contents of the report.

2.         To formally adopt the agreed proposal following the approval by the Licensing and Public Safety Committee on the 7th December 2021.

The Chair of the Licensing and Public Safety Committee, Councillor James Flannery, presented the report of the Director of Planning and Development.

The report considered the outcome of the consultation exercise undertaken between July and August 2021 and recommendations of the Licensing and Public Safety Committee to formally adopt the changes to the Taxi Licensing policy following the recommendations from the department for transport’s statutory Taxi and Private Hire Vehicle Standards.

It was proposed by the Chair of the Licensing and Public Safety Committee, Councillor James Flannery, seconded by the Cabinet Member (Planning, Business Support and Regeneration) Councillor Bill Evans, and subsequently

Resolved (unanimously)

1.         To note the contents of the report.

2.         To formally adopt the agreed proposal following the approval by the Licensing and Public Safety Committee on the 7 December 2021.

To receive and consider the report of the Director of Governance and Monitoring Officer.

1.         That Councillor David Howarth be nominated as Mayor-elect for 2022-2023.

2.         That Deputy Mayor for 2022-2023 be Chris Lomax, with a view to becoming Mayor in 2023-2024.

3.         That from 2024-25 the Mayor be nominated on the basis of length of service and being a member of the Conservative Group as outlined in this report.

The Leader of the Council, Councillor Paul Foster, presented the report of the Director of Governance which to nominated the Mayor-elect and Deputy Mayor-elect for 2022/2023 (with a view to becoming Mayor 2023/2024).  The report also put forward a protocol for the selection of future Mayors based on length of service and political rotation to Full Council.

A typographical error was noted on the report that Councillor Carol Chisholm had served on the Council from 01/05/2003 - 09/05/2011 and then from 16/03/2017 – to the present.

An amendment was proposed by the Leader of the Opposition, Councillor Karen Walton, and seconded by Councillor Michael Green

5.That Councillor David Howarth will be nominated as Mayor-elect for the year 2022-2023.

6. That Councillor Carol Chisholm be nominated Deputy Mayor for 2022-2023 with a view to becoming Mayor in 2023-2024.

7. That from 2024-25 the Mayor be nominated on the basis of the longest number of years of service as a member of the Council and request that the Monitoring Officer amends the protocol accordingly.

For: Councillors Damian Bretherton, Julie Buttery, Matt Campbell, Colin Coulton, Mary Green, Michael Green, Jon Hesketh, Cliff Hughes, Jacqui Mort, Peter Mullineaux, Alan Ogilvie, John Rainsbury, Margaret Smith, Phil Smith, David Suthers, Karen Walton, Barrie Yates

Against: Councillors Will Adams, Jacky Alty, Jane Bell (Mayor), Renee Blow, Aniela Bylinski Gelder, Mal Donoghue, Bill Evans, James Flannery, Derek Forrest, Paul Foster, Harry Hancock, Mick Higgins, David Howarth (Deputy Mayor), Clare Hunter, Susan Jones, Chris Lomax, Jim Marsh, Keith Martin, Colin Sharples, David Shaw, Mick Titherington, Caleb Tomlinson, Matthew Tomlinson, Matthew Trafford, Angela Turner, Kath Unsworth, Paul Wharton-Hardman, Carol Wooldridge

The Mayor declared that the Amended Motion was lost by 17 votes to 28. 

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Deputy Leader of the Council, Councillor Mick Titherington, and subsequently

Resolved (by majority 28 : 17 : 0)

1.         That Councillor David Howarth be nominated as Mayor-elect for 2022-2023.

2.         That Deputy Mayor for 2022-2023 be Chris Lomax, with a view to becoming Mayor in 2023-2024.

3.         That from 2024-25 the Mayor be nominated on the basis of length of service and being a member of the Conservative Group as outlined in this report.

For: Will Adams, Jacky Alty, Jane Bell (Mayor), Renee Blow, Aniela Bylinski Gelder, Mal Donoghue, Bill Evans, James Flannery, Derek Forrest, Paul Foster, Harry Hancock, Mick Higgins, David Howarth (Deputy Mayor), Clare Hunter, Cliff Hughes, Susan Jones, Chris Lomax, Keith Martin, Colin Sharples, David Shaw, Mick Titherington, Caleb Tomlinson, Matthew Tomlinson, Matthew Trafford, Angela Turner, Kath Unsworth, Paul Wharton-Hardman, Carol Wooldridge

Against: Damian Bretherton, Julie Buttery, Matt Campbell, Colin Coulton, Mary Green, Michael Green, Jon Hesketh, Jim Marsh, Jacqui Mort, Peter Mullineaux, Alan Ogilvie, John Rainsbury, Margaret Smith, Phil Smith, David Suthers, Karen Walton, Barrie Yates

To receive and consider the report of the Chief Executive.

1.         Support the outline "Our New Deal for a Greater Lancashire" at Appendix 1 as the initial draft basis for further discussion and development of a possible County Deal for the Lancashire area;

2.         Agree the principles of governance as set out in Appendix 2 for any future deal; and

3.         Agree that the Leader of the Council continues to work with Lancashire Leaders in line with the principles agreed in recommendations 1 & 2 above, and note that any formal proposals will require approval by Full Council at the appropriate time.

The Leader of the Council, Councillor Paul Foster, presented the report of the Chief Executive which updated members on work undertaken towards development of strengthened joint working, a long term strategic plan and a County Deal for the Lancashire area and seek agreement to progress this work.

A number of members spoke in support of the proposals, including Councillors Karen Walton, Michael Green and David Howarth. 

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Deputy Leader of the Council, Councillor Mick Titherington, and subsequently

Resolved (unanimously)

1.         Support the outline "Our New Deal for a Greater Lancashire" at Appendix 1 as the initial draft basis for further discussion and development of a possible County Deal for the Lancashire area;

2.         Agree the principles of governance as set out in Appendix 2 for any future deal; and

3.         Agree that the Leader of the Council continues to work with Lancashire Leaders in line with the principles agreed in recommendations 1 & 2 above, and note that any formal proposals will require approval by Full Council at the appropriate time.

To receive and consider the enclosed Notice of Motion.

Supported.

A motion was moved by Councillor Ange Turner, and seconded by Councillor David Howarth. 

The motion stated:

This council notes the current roll out of 5G broadband telecommunications masts and accompanying base stations into residential areas to a height of twenty metres in respect of on-street poles, and dimensions in excess of two metres in height and width for accompanying on-street base stations. Council further notes the potential for poles to increase in size to 30 metres where the applicants may deem it necessary.

Council therefore expresses its concerns in line with numerous other local authorities both locally and nationally, that amendments to the General Permitted Development Order 2015 allows telecommunications companies to install any structure to any height on the public highway under permitted development, thereby removing the rights of objection from local residents directly contradicting the localities agenda.

Council is further concerned that despite the adverse impact on the amenity of local residents and the street scene, the National Planning Policy Framework places an unreasonable expectation on planning authorities to approve such applications and the propensity for any appeal against refusal to favour the applicants, removing all rights of reply from those who will be affected the most.

This council therefore calls on the Government to bring the siting of all telecommunications equipment back under planning control, and require full planning permission for all telecommunications masts in residential areas regardless of their height, enabling residents and communities to have a say in decisions which directly impact upon them.

Council therefore resolves to

Write to our local Members of Parliament to seek their support, and to Michael Gove the Secretary of State for Levelling Up, Housing and Communities to urge that planning legislation is amended accordingly.

A number of members spoke in support of the motion, including Councillors Michael Green, Keith Martin, Caleb Tomlinson, Gareth Watson and Bill Evans. 

Resolved (unanimously)

That the motion be supported.

Councillor Caleb Tomlinson asked if the Leader agreed that the introduction of substitute members on Committees had been successful.  The Leader agreed they had. 

Councillor Peter Mullineaux queried if the Leader could look into staff morale at the Council.  The Leader advised stakeholders have commented on positive improvements made within the Council in the last few years and that he had recently had a positive meeting with the unions.  He requested any evidence be shared to enable any issues to be investigated and resolved. 

Councillor Barrie Yates noted the excellent staff who work at the Council and queried a perception that staff were being replaced with colleagues from Chorley Council.  The Leader stressed the importance of staff morale, but noted that the council is going through a change process to improve the service delivered to residents.  He requested any evidence be shared to enable any issues to be investigated and resolved and highlighted that staff have gone above and beyond to deliver services in challenging circumstances during the pandemic. 

Councillor Damian Bretherton noted the recent staff survey and queried staff morale at Chorley Council.  The Leader noted that the pandemic has had a negative impact on everyone, but advised it was not appropriate for him to comment on the staff morale of another authority. 

Councillor Matthew Tomlinson queried the value for money achieved and how the resilience of services had improved through the implementation of shared services.  The Leader undertook to bring a report to a future meeting to outline this information. 

Deputy Leader and Cabinet Member (Health and Wellbeing) - Councillor Mick Titherington

Councillor Alan Ogilvie asked if an update had been received regarding a community safety issue / vandalism at Worden Park.  Councillor Titherington noted that a meeting has been arranged with the Police, and although it is a Police issue the council will work in partnership to resolve it.  

Cabinet Member (Communities, Social Justice and Wealth Building) – Councillor Aniela Bylinski Gelder

Councillor Peter Mullineaux queried if the Cabinet Member was aware of issues with phones being answered in Gateway.  Councillor Bylinski Gelder noted that a new telephony system had been installed, but that she was not aware of any issues.  She had herself got through to Gateway recently, but undertook to investigate the issue. 

Cabinet Member (Finance, Property and Assets) – Councillor Matthew Tomlinson

Councillor Karen Walton queried if there were plans to refurbish the play area at Tardy Gate as some concerns regarding the equipment had been raised by local residents.  Councillor Tomlinson advised this issue would be addressed and that there was an ambition for all of the play areas within the Borough to be refurbished as part of an evidenced program. 

Cabinet Member Planning, Business Support and Regeneration) – Councillor Bill Evans

Councillor Caleb Tomlinson asked if Councillor Evans thought the staff in the Planning department were happy with the current administration.   Councillor Evans advised he thought so, but would ask them later in the week.

Councillor Alan Ogilvie queried the project packages for the Leyland Town Deal and noted that there was no enough funding to achieve all of the projects.  Councillor Evans noted this was correct and that some projects could be funded from other sources or may have to be dropped.  Further details on the projects will be shared with all members at the appropriate time. 

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).

Approved.

The Leader of the Council, Councillor Paul Foster proposed, Cabinet Member (Health and Wellbeing), Councillor Mick Titherington seconded, and subsequently

Resolved (unanimously)

That the press and public be excluded from the meeting for the following item of business on the grounds that it involves the disclosure of exempt information as defined by paragraph 3 of Part 1 of schedule 12A to the Local Government Act.

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

1.         To establish a capital budget of £0.970million, in respect of the councils share of ICT spend in a joint procurement between Chorley Council and South Ribble Council.

2.         To fund capital expenditure through the repurposing of existing budget and reserves, but to note that further work will be undertaken over the coming weeks, as we approach the end of the financial year, to consider if there are any advantages to funding some of the costs of the proposal through borrowing; if borrowing is deemed to be preferable, then approval for a change in the proposed funding mechanism will be presented to Council.

3.         Agreement in principle to repurpose existing infrastructure and formulae to distribute cost between the respective councils. This be determined later under delegated powers by the Executive Member (Resources) at Chorley Council and Cabinet Member (Finance, Property and Assets) at South Ribble

The Cabinet Member (Communities, Social Justice and Wealth Building), Councillor Aniela Bylinski Gelder, presented the confidential report of the Director of Customer and Digital.

The report sought approval to allocate the necessary capital funding for the procurement of ICT hardware, software, and professional services.

Members raised a number of queries regarding how the investment was being funded, but acknowledged that the investment was required and how it was being funded. 

It was proposed by the Cabinet Member (Communities, Social Justice and Wealth Building), Councillor Aniela Bylinski Gelder, seconded by the Leader of the Council, Councillor Paul Foster, and subsequently

Resolved (unanimously)

1.         To establish a capital budget of £0.970million, in respect of the councils share of ICT spend in a joint procurement between Chorley Council and South Ribble Council.

2.         To fund capital expenditure through the repurposing of existing budget and reserves, but to note that further work will be undertaken over the coming weeks, as we approach the end of the financial year, to consider if there are any advantages to funding some of the costs of the proposal through borrowing; if borrowing is deemed to be preferable, then approval for a change in the proposed funding mechanism will be presented to Council.

3.         Agreement in principle to repurpose existing infrastructure and formulae to distribute cost between the respective councils. This be determined later under delegated powers by the Executive Member (Resources) at Chorley Council and Cabinet Member (Finance, Property and Assets) at South Ribble