Agenda and minutes

Members will disclose any pecuniary and any other significant interests they may have in relation to the matters to be considered at this meeting.

To confirm as a correct record the minutes of the meeting of Cabinet held on 1 June 2022.

The minutes of the Cabinet meeting of 1 June 2022 were confirmed as a correct record.

To receive and respond to any questions from members of the public.

Public questions for Cabinet may be submitted at any time by writing to Democratic Services or via email democratic.services@wyre.gov.uk. Public questions for this meeting must be received by noon on the Thursday before the meeting is held and do not need to specifically relate to items on this agenda. Questioners should provide their name and address and indicate to which Cabinet member the question is to be directed.

The total period of time allocated for public questions will not normally exceed 30 minutes.

None

Report of the Leader of the Council and the Corporate Director Communities.

The Leader of the Council and the Corporate Director Resources asked Cabinet to consider the Annual Review letter from the Local Government and Social Care Ombudsman (LGO) for 2021/22, attached at Appendix A of the report.

Decision

Cabinet noted the comments made by the LGO in the Annual Review Letter.

Report of the Resources Portfolio Holder and the Corporate Director Communities.

The Resources Portfolio Holder and Corporate Director Communities submitted a report seeking approval for

·         the release of funding from the Enterprise Zone Business Rates Growth Reserve for the commission of technical studies and to update the masterplan and marketing materials for the Hillhouse Technology Enterprise Zone (EZ).

·         exemption to the Council’s financial procedure rules for the procurement of consultancy services for the commission of technical studies and updates to the masterplan and marketing materials for the Hillhouse Technology EZ.

Decisions

Cabinet approved the release of up to £150,000 from the EZ Business Rates Growth Reserve (created from retained business rates on the EZ) for the purpose of providing funding to commission services including, but not limited to:

·         Undertaking a Flood Risk Assessment for the entire EZ, with the results used to inform the overall site layout;

·         Commissioning a Traffic Impact Assessment and Sustainable Transport Study to understand off-site traffic impact and sustainable transport options;

·         Undertaking topographic and utility capacity surveys focussing on the Northern sector of the EZ to provide accurate site information including on the utilities infrastructure;

·         The review and update of the masterplan – providing data to inform the Local Plan as well as estimates for income to the council from business rates;

·         Specialist input to support responses to major investment enquiries.

The Resources Portfolio Holder delegated authority to the Corporate Director Communities to enter into any and all necessary documents and agreements to commission the required services and to make any funding of commissions conditional on suitable further agreement(s) being reached with NPL Estates (majority landowner within the EZ) and other land owner(s) or related companies to provide complementary investment, as necessary, to make full use of this investment by the council.

The Resources Portfolio Holder delegated authority to the Corporate Director Communities to allow for the commission of services by Blackpool Council under the exemption to Contract Procedures contained within the Financial Regulations and Financial Procedure Rules as part of the ongoing support package provided by Blackpool Council to develop and promote the EZ. The exemption category being “Tenders are invited on behalf of any consortium or collaboration, of which the Council is a member, in accordance with any method adopted by that body. Where however, a Council officer invites tenders on behalf of the consortium the receipt, opening and acceptance of tenders must comply with the Council’s Financial Regulations and Financial Procedure Rules or any overriding legislation”.

Report of the Neighbourhood Services and Community Safety Portfolio Holder and Corporate Director Environment.

The Neighbourhood Services and Community Safety Portfolio Holder and Corporate Director Environment submitted a report asking Cabinet to consider the recommendation from the Licensing Committee to revise the Hackney Carriage Table of Fares. The Deputy Leader asked for Section e) of the proposal relating to fuel surcharge to be amended from “If the cost of diesel reaches £l.80 per litre or higher” to “If the cost of diesel is £l.80 per litre or higher.”

Decisions

Cabinet agreed that subject to the minor amendment as set out above,

·       the revised table of fares be approved and implemented from 30 September 2022, subject to the proper consideration of any responses to the public notice

·       the Senior Licensing Officer advertise the variation in accordance with section 65 of the Local Government (Miscellaneous Provision) Act 1976 (Appendix 1 of the report).

Report of the Planning Policy and Economic Development Portfolio Holder and Corporate Director Communities.

The Planning Policy and Economic Development Portfolio Holder and Corporate Director Communities submitted a report seeking adoption of the Cleveleys Town Centre Regeneration Framework (CTCRF).

Cabinet thanked Mark Fenton for his work on the development of the framework.

Decisions

Cabinet agreed that

·         the council adopt the CTCRF.

·         the Head of Planning and Regeneration be authorised to make amendments and corrections to the CTCRF. Such changes to include but not be limited to editorial corrections, typographical errors, changed local circumstances or investment opportunities.

·         where the revisions may alter the strategic objectives of the CTCRF, the Head of Planning and Regeneration, in consultation with the Planning Policy and Economic Development Portfolio Holder, determine if it may be appropriate to carry out further proportionate stakeholder or public consultations on the proposed revisions.

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive has determined that the report submitted under item 10 of this agenda is “Not for Publication”. This is because it refers to “exempt information” as defined in Part 1 of Schedule 12A(3) of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Variation Order 2006, on the grounds that it contains information relating to the financial or business affairs of a particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

If Cabinet decides to exclude the public and press for the next item, it will need to pass the following resolution:

“Cabinet resolves to exclude the public and press from the meeting whilst agenda item 10 is being considered as the item refers to exempt information as defined in category 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) and category 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) of Part 1 of Schedule 12(a) of the Local Government Act 1972 as amended by the Local Government (Access to Information) Variation Order 2006 and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive determined that the report submitted under item 10 of the agenda was “Not for Publication” because it referred to “exempt information” as defined in Part 1 of Schedule 12A(3) of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Variation Order 2006. This was on the grounds that it contained information relating to the financial or business affairs of a particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Cabinet decided to exclude the public and press for the item, and passed the following resolution:

“Cabinet resolves to exclude the public and press from the meeting whilst agenda item 10 is being considered as the item refers to exempt information as defined in category 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) and category 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) of Part 1 of Schedule 12(a) of the Local Government Act 1972 as amended by the Local Government (Access to Information) Variation Order 2006 and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

Report of the Chief Executive, the Section 151 Officer and the Monitoring Officer.

The Chief Executive, Corporate Director Resources (and Section 151 Officer) and Legal Services Manager (and Monitoring Officer) submitted a report to formally inform the Executive of an incidence of non-compliance to procurement regulations under the Contract Procedure Rules in the Council’s Constitution and the remedial action taken.

Decision

Cabinet noted

·         the details included in the report on the recent breach to Contract Procedure Rules under the Council’s Constitution and Public Contract Regulations 2015.

·         the remedial action taken.