Decisions

The Director of Economic Development and Planning submitted a report requesting members approve the proposed amendments to the Discretionary Disabled Facilities Grant (DFG) Policy.

Members were reminded that delivering DFG adaptations is a mandatory function of the Council which must be set out in an approved policy.

The report noted that:

·         The proposed amendments are intended to improve the overall offer to applicants and ensure vulnerable households can remain in their own home for as long as possible.

·         If approved, the introduction of these measures could see an increase in the opportunity for qualifying residents to access the grants, improve the services for the local community as well as addressing the desire to increase delivery.

RESOLVED THAT COMMITTEE:

1.    Approve the proposed amendments to the policy and approve that the revised document be subject to appropriate consultation.

2.    Agree to delegate consideration of the consultation responses to the Director of Economic Development and Planning, in consultation with the Chair and Vice Chair of this Committee, and subject to there being no issues raised, agree to adopt, and publish the policy as soon as practicable.

The Director of Resources submitted a report seeking member approval on proposals to increase this Committee’s fees and charges with effect from 1 April 2022.

Members were reminded that the Council’s fees and charges are reviewed on an annual basis.

The report noted that:

·         The proposals were the first stage in the review of this Committee’s budget for the forthcoming 2022/23 financial year.

• The Council’s latest budget forecast allows for a 3% inflationary increase in the level of income raised from fees and charges and the review aims to increase budgeted income for 2022/23 by this amount as a minimum.

·         Following discussions between financial services, heads of service and budget holders a proposed set of fees and charges for implementation from 1 April 2022 had been produced for this Committee for members to consider.

Most fees proposed were based on applying a 3% inflationary increase and applying rounding up or down as appropriate to minimise any problems with small change.

·         Some proposed fees were set on a different basis to a 3% increase. These were Mobile Homes Fit and Proper Person Test fees, the Clitheroe Cemetery Memorial Bench fee and fixed penalty notice charges. These were explained in the report.

RESOLVED THAT COMMMITTEE:

1.    Approve the 2022/23 fees and charges proposed for this Committee in Annex 1 of the report, for implementation from 1 April 2022.

2.    Approve to change the Clitheroe Cemetery Memorial Bench fee with immediate effect to “At Cost – Materials and Labour”.

The Director of Community Services presented a report that the Dog Fouling Working Group had authorised him to submit to this Committee.

The Director talked members through the report and highlighted the options and the financial implications associated with each option. Members considered in detail both options and voted for their preference.

RESOLVED THAT COMMITTEE:

Agree to put forward Option 1 as set out in the report, to the Policy and Finance Committee, as a growth item for consideration in the Council’s budgetary process for inclusion in the budget for the 2022-23 financial year.

PUBLIC SECTOR EXIT PAYMNENT REGULATIONS 2020

The Director of Resources submitted a report informing Members of the enactment of the Public Sector Exit Payment Recovery Regulations.

The report noted that the ‘Restrictions of Public Sector Exit Payment Regulations 2020’ came into effect on 4 November 2020. This regulation placed a cap of £95,000 on any exit payments made to any employees leaving employment or vacating office from the Council.

The Chief Executive submitted a report informing members of the implications of the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020, and to seek approval for the adoption of the Council’s Fit and Proper Person, Determination Policy and Fee Policy in relation to caravan site licensing for residential sites.

Members were reminded that:

·         Following a review of the Mobile Homes Act 2013, the Government introduced a new regime under the Caravan Sites and Control of Development Act 1960 called the Fit and Proper Person test.

·         The Ribble Valley currently has 27 licensed caravan sites but only two sites that meet the criteria of ‘relevant protected sites’, these being ‘Shireburne’, in Clitheroe and ‘Three Rivers’, in West Bradford.

·         When conducting the fit and proper person assessment, a local authority must consider the following points relevant to the application:

-     Whether the individual can conduct effective management of the site

-     Personal information relating to the applicant (including a criminal record check).

·           On receipt of an application the local authority may:

-    grant the application unconditionally.

-    grant the application subject to conditions.

-    reject the application.

RESOLVED THAT COMMITTEE:

1.    Approve the adoption of the proposed Determination Policy set out in Appendix A of the report.

2.    Approve the adoption of the proposed Fees Policy set out in Appendix B, of the report and approve the following fees:

-   Mobile Homes Fit and Proper Test Application Fee - £261.00.

-   Mobile Homes - Site Manager Appointment Costs (costs recovered in full from site owner).

RESOLVED THAT COMMITTEE:

Approve the Draft Terms of Reference for the Strategic Housing Working Group.

The Head of Planning Services reported upon an additional letter of support and correspondence with the applicants agent regarding a reduction in opening hours.

RESOLVED: That the application be minded to approve and deferred and delegated to the Director of Economic Development and Planning for appropriate conditions on the basis of achieving a minimum of a 2m setback on the extension. If unable to secure the proposal goes back to a future Committee.

(Mr R Maudsley spoke in favour of the above application)

The Director of Economic Development and Planning submitted a report asking committee to consider the action plan and procedures the Council should put in place to manage Ash Dieback (Hymenoscypus fraxineus) disease which was having a significant impact on the Borough’s tree stock.

The report outlined the issues surrounding the disease and the impact on treescape and loss of habitat, as well as the fine balance between retaining trees for monitoring and resilience reproduction and safe removal.

The Council are subsequently re-surveying their tree stock, but this would take a number of years, so a more reactive approach was to be implemented. A flowchart had therefore been developed that clarifies the process to be followed once ADB has been confirmed. The management plan would enable the Borough to retain as many trees as possible but legislate for the removal and replacement where this was not possible.This might include the use of Tree Preservation Orders to enable the Council to condition/enforce replacement planting to ensure the Borough’s treescape.

RESOLVED THAT COMMITTEE:

Approve the measures outlined in the report to mitigate and control the impact of Ash Die Back will have on the Borough.

RESOLVED: That the application be minded to approve and deferred and delegated to Director of Economic Development and Planning for appropriate conditions.

(Mrs Marhraoui spoke in favour of the above application)

RESOLVED: That the application be approved subject to the following condition:

Time limit, plans and details

1.         The development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings:

6218 – Location Plan

6218 – E01D Existing Site Plan

6218 – E03 Existing Plans and Elevations

6218 – P04B Proposed Plans and Elevations

6218 – P06 Proposed Site Plan

REASON: For the avoidance of doubt and to clarify which plans are relevant to the

consent.

2.         No external lighting shall be fixed to the canopy hereby approved unless details of such lighting, including the intensity of illumination, have been first submitted to, and approved in writing by, the Local Planning Authority prior to first occupation/use of the site.

The external lighting shall be installed precisely in accordance with the approved details and thereby retained as such.

REASON: In order to ensure a satisfactory appearance in the interests of visual amenity

(Mrs Marhraoui spoke in favour of the above application)

Taken off the agenda by officers. Waiting for response from Environment Agency.

The Head of Planning Services reported that LCC Archaeology had no need for intervention, the Gardens Trust did not wish to comment and Clitheroe Town Council had no objections.

RESOLVED: That the application be approved subject to the following conditions:

1.         The development must be begun not later than the expiration of three years beginning with the date of this permission.

            REASON: Required to be imposed pursuant to Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2.         The permission shall relate to the development as shown on Plan Reference:

            Elevation and castellation detail plan

            Location Plan

            REASON: For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted plans.

3.         Precise specifications of the proposed dismantling, labelling, and safe storage of historic fabric shall have been submitted to and approved by the Local Planning Authority before its use in the proposed works.

            REASON:  In order to safeguard the special architectural and historic interest of the listed building.

4.         Precise specifications and samples of proposed pointing (including mortar mixes) shall have been submitted to and approved by the Local Planning Authority before their use in the proposed works.

            REASON: In order to safeguard the special architectural and historic interest of the listed building.

5.         Precise specifications of proposed lead tray repairs shall have been submitted to and approved by the Local Planning Authority before their use in the proposed works.

            REASON: In order to safeguard the special architectural and historic interest of the listed building.

The Director of Economic Development and Planning submitted a report asking members to determine whether the present system for public speaking at planning committee on individual planning applications should be retained or amended.

Some members had queried whether the current rules were sufficient to enable the public to fully participate with the planning process, whereas others considered that it met the needs of residents and communities.

The report outlined a comparison with other Lancashire authorities, explained the process changing the public speaking process and suggested options to be considered should members wish to change the process.

Members discussed the current system and it was acknowledged that no system would be perfect but that the balanced approach of the current system worked well, giving both the applicant and objector(s) a chance to inform members of salient points in relation to a particular application.

It was highlighted by members on the committee that they also receive information in writing from both applicants or their agents and objectors. Officers were also available to give help and advice to both these parties via systems already in place.

RESOLVED THAT COMMITTEE:

Agree to retain the present system for public participation at Planning & Development committees.

The Director of Economic Development and Planning submitted a report providing members with an update on progress with the Local Plan and asking them to agree proposed amendments and adoption of the Statement of Community Involvement.

As part of the plan review the SCI had been updated and published for consultation. Comments had been received in connection to the arrangements for public speaking at Planning committee with concerns expressed about the 3-minute time limit. As this was a matter only to be amended as part of the Council’s constitution, it was proposed that the wording in the relevant section of the SCI be amended to reflect this and refer to the Standing Orders.

RESOLVED THAT COMMITTEE:

Note the updates regarding the Local Plan progress and agree the Statement of Community Involvement be amended at Section 20 regarding the rules for public speaking at committees and that the SCI is adopted and published.

The Director of Resources submitted a report seeking member approval on proposals to increase this committee’s fees and charges with effect from 1 April 2022.

These proposals were the first stage in the review of this committee’s budget for the forthcoming 2022/23 financial year.

The council’s latest budget forecast allows for a 3% inflationary increase in the level of income raised from fees and charges and the review aims to increase budgeted income for 2022/23 by this amount as a minimum.

As planning application fees were set by Central Government these fell outside the remit of the review, however, pre-planning advice fees were included.

As part of the review, the building control section were requesting a 3% increase to charges in the current financial year effective from 1 November 2021, and a further 3% increase for the 2022/23 financial year from 1 April 2022.

RESOLVED THAT COMMITTEE:

Approve the proposed fees and charges as set out in the annexes to the report.

The Director of Community Services submitted a report providing members with an update on preparations for the 2022 Food Festival event and seeking approval in principle to the 2022 layout.

The date scheduled for the festival was Saturday 30 July 2022, which avoided clashes with other major events in the area. The option of a two-day event was still being explored, although there were some significant obstacles to overcome in this regard.

Members were reminded that safety requirements around crowd management had increased significantly in recent times and that this placed the safety of attendees as a priority and meant that managing the capacity of venues/locations was of paramount importance.

As a ‘free to attend’ event which was held in open streets/areas there are no physical controls on the numbers attending. From an organisation perspective, the Council is the body accountable for both running the event and potentially acting against organisers who flout their responsibility and could not therefore simply ignore this critical issue.

A plan was circulated showing a proposed revised layout for the event which sought to address the responsibility for crowd management. The same road closures as previously would still be used, but the focus for stalls would be in the New Market Street and market car park area with fewer stalls on the other streets.

It was also suggested that, because of staffing issues, external professional should be sought for the management of the event.

Members discussed the event, whether it should be 1 or 2 days and the issues of crowd safety and where the stalls should be situated. There was a request that the Bull Ring area of the market be earmarked for festival use in order to expand the offering beyond the layout included in the report.

RESOLVED THAT COMMITTEE:

1.    Approve the revised layout proposed with the addition of the Bull Ring area, and

2.    Agree that costs for external professional support for management of this event be sought.

The Director of Community Services submitted a report seeking committee’s approval for an additional capital budget in respect of Mardale Football pitches and Longridge Sports and Arts Centre for 2022/23 and subsequent approval to procure the works.

A sum of £132,990 had been secured from the Dilworth development in Longridge in 2015 for 4 projects. Longridge Cricket Club and Kestor Lane play area had already been beneficiaries of £12k and £30k respectively. The balance of £90,990 was now available following the final payment from the developer. It was proposed to allocate £81k to improve pitch drainage at Mardale and £10k to Longridge Sports Club.

The Director explained to members that the S106 monies had to spent where the legal agreement specified and could not be transferred to any other project.

RESOLVED THAT COMMITTEE:

1.    Recommend to Policy and Finance committee the approval of an additional capital budget of £80,900 in respect of Longridge Mardale pitches in the 2022/23 capital programme funded from S106 monies received from Taylor Wimpey in respect of Dilworth development in Longridge, and

2.    Authorise the Director of Community Services, subject to approval of the capital budget by Policy and Finance committee, to procure drainage improvement works at Mardale pitch site, Longridge as specified in the report.

The Director of Community Services submitted a report providing a programme of replacement/repair for the play areas that belong to the Borough.

The programme outlined proposed expenditure which could form the basis of a capital bid should members wish. It included repainting of equipment, repair/replacement of safety surfaces and some replacement/refurbishment of equipment.

Members thanked officers for the report and discussed the proposed programme and the need for works to be carried out. Problems with specific plays areas were highlighted.

RESOLVED THAT COMMITTEE:

1.    Submit a new capital bid of £490k to Policy & Finance committee to be included in the capital programme, and

2.    Agree that the programme should be delivered over 3/4 years.

The Director of Community Services submitted a report seeking committee’s approval for the use of S106 monies received to help improve the playing pitches at Edisford.

As a result of the housing development at Low Moor, the sum of £18,784 had been given to the Council as the developer contribution for the improvement of off-site leisure provision. It was proposed to use this to improve drainage on the grass pitch that was created following the work to construct the synthetic pitch in 2019. The opportunity would also be taken to install  a cut off drain to prevent surface water run-off from the pitch on to the path that leads to the tennis courts.

RESOLVED THAT COMMITTEE:

1.    Approve the proposed use of the S106 funding on Edisford playing pitches;

2.    Refer the budget request for £18,784 to Policy & Finance committee to be included in the capital programme for 2021/22; and

3.    Agree, subject to approval at Policy and Finance committee, to the work being carried out in the current financial year.