Agenda and minutes

Apologies were received from County Councillors Rupert Swarbrick, Azhar Ali OBE, and Lorraine Beavers.

County Councillor Scott Smith attended on behalf of County Councillor Rupert Swarbrick under Standing Order C14(1).

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

County Councillor Peter Buckley declared a Non-Pecuniary interest in Item 9 – Clifton Drive North Cycleway Extension, as his wife is a member of Fylde Borough Council.

Resolved: That the minutes of the meeting held on 18 January 2024 be confirmed as a correct record and signed by the Chair.

To answer any verbal questions and supplementary questions from a county councillor, about any matter which relates to any item under Part I on the agenda for this meeting under Standing Order C35(7).

To submit a question to Cabinet, click here.

There will be a maximum of 30 minutes for the questions to be asked and answered.

There were no questions for Cabinet.

Cabinet considered a report setting out the proposed budget for the county council for 2024/25.

Resolved: That having regard to the advice of the Executive Director of Resources in relation to the robustness of the budget and the adequacy of reserves (Annex 'D' of the report), the advice be noted, and Full Council be asked to approve the following:

  i.  A revenue budget of £1,110.677m for 2024/25, including a council tax requirement of £645.364m (equating to Band D Council Tax of £1,653.29) for 2024/25 reflecting a 4.99% increase including 2% to be used for adult social care (Appendix 'A' of the report);

  ii.  Policy savings totalling c£15m as detailed in Annex 'C' of Appendix 'A' of the report, with consideration given to equality impact assessments and specific consultations that will take place for proposals as required of which the outcome will be reported to future Cabinet meetings;

  iii.  The indicative capital programme for 2024/25 of £198.524m (Appendix 'A' of the report and Annex 'E').

  iv.  The capital strategy (Annex 'F'); and

  v.  Exceptions to the agreed uplift policy for fees and charges as outlined in Appendix 'A' of the report (Section 13).

Cabinet considered a report that provided an update on the county council's 2023/24 revenue and capital financial position, as at the end of November 2023.

It was noted that the forecast outturn position was based on activity and expenditure and income levels up to the end of November 2023, with assumptions made as to the levels expected in the final quarter of the financial year, and that it was particularly difficult to predict with accuracy across adult social care as demand can fluctuate significantly over the winter period.

Whilst a small overspend of £5.8m (0.56% of the budget) was still forecasted on the revenue budget, the overspend position was within £0.1m of the forecast reported for Quarter 2, and whilst there was not a significant change in the forecast overall, there were some significant movements across services, with details outlined in Appendix 'A' of the report.

Resolved: That

1. The current forecast overspend of £5.828m on the revenue budget in 2023/24 be agreed; and
2. The current forecast spend on the capital programme of £153.148m, be agreed.

Cabinet considered a report on the revised Social Value Policy and Framework. The revised Social Value Policy and Framework set out the legal context for social value and the proposed approach for the county council to deliver social value through its commissioning, procurement and contract management activities.

It was noted that the aim of the revised policy was to focus the county council's procurement activity across all service areas with a shared aim, shared ambition, shared goals and shared priorities. The revised policy would also provide a structured approach to monitoring, measuring and reporting the county council's social value achievements.

Resolved: That the Social Value Policy and Framework as set out at Appendix 'A' of the report, be approved.

Please note that Appendix 'A' to this report is in Part II and appears as Item No. 27 on the Agenda.

Cabinet considered a report that set out the proposals for the allocation of schools' capital funding to address a further phase of high priority building condition repairs on Community, Voluntary Controlled and Maintained Schools in Lancashire.

It was noted that Appendix 'A' of the report was in Part II and was set out at Item No. 27 on the agenda.

Resolved: That the following be approved:

1. The proposed list of maintenance schemes in Lancashire schools, detailed at Appendix 'A' of the report, totalling £17.949m, as a further phase of high priority school repairs, subject to the grant settlement for 2024/25 being £14.000m; and
2. The Director of Strategy and Performance be authorised in consultation with the Executive Director for Education and Children's Services, the Director of Finance and the Cabinet Member for Education and Skills, to approve any necessary adjustments to the programme once the final funding settlement is announced.

Cabinet considered a report that proposed to alter the footway and construct a two-way cycle track on Clifton Drive North from north of Highbury Road West to (and including) Todmorden Road as a phase 2 extension of the existing Clifton Drive North cycle track.

It was noted that the proposals also included a series of measures to support the scheme and/or mitigate elements of the proposals. This included bus stops, controlled crossings, refuge islands, parking and loading restrictions, cycle lanes and a no entry and one way restriction.

In presenting the report, it was requested that if the recommendations were approved and when work commenced, every effort be made to ensure that, as far as possible,  temporary traffic lights were not in operation unnecessarily during the night, or at the weekends.

Resolved: That the following be approved:

i.  The alteration of the footway to use part of the former carriageway width, construction of a segregated cycle track for cycles only, short sections of shared use cycle tracks and removal of footway on those short sections;

ii.  The introduction of three bus stop clearways and associated works on Clifton Drive North;

iii.  The introduction of 'No Waiting At Any Time' and 'Prohibition of Loading Restrictions' on Clifton Drive North, Todmorden Road, North Promenade and Beach Road;

iv.  The introduction of a no entry restriction (except for cycles) on Bentinck Road and a short length of one-way restriction on Todmorden Road;

v.  The introduction of a mandatory cycle lane on Highbury Road West and a contraflow mandatory cycle lane on Todmorden Road;

vi.  The introduction of priority crossings at North Beach Car Park and Todmorden Road, adjacent to their junctions with Clifton Drive North;

vii.  The introduction of four refuge islands on Clifton Drive North;

viii.  The approval of awarded Active Travel funding to the Capital and Revenue Programmes for the Clifton Drive North Phase 2 scheme; and

ix.  The approval of the scheme in principle as shown by the drawings in Appendix 'A' of the report, including the introduction of crossing facilities to Highbury Road West junction with Clifton Drive (North).

Cabinet considered a report that proposed to introduce a Prohibition of Waiting restriction along Chancel Way, Burscough to prevent parking on part of the development link road close to the A59.

Resolved: That the proposals for the introduction of double yellow lines along Chancel Way, Burscough as detailed within the report and as set out in the Draft Order at Appendix 'A' and Plan at Appendix 'B' of the report, for the reasons outlined in the Statement of Reasons at Appendix 'C' of the report, be approved.

Cabinet considered a report that proposed to introduce Traffic Calming features in Thorneyholme Road and Moss Hall Road in Accrington.

Resolved: That the proposals for new Traffic Calming features on the various lengths of road as detailed within the report and as set out in the Notice of Proposal at Appendix 'A' and Plans at Appendix 'B' of the report, for the reasons outlined in the Statement of Reasons at Appendix 'C' of the report, be approved.

Cabinet considered a report that proposed to make a Speed Limit Order to reduce speed restrictions on various roads within Fylde, Lancaster, West Lancashire and Wyre.  The order further formalised the current signed Speed Limits along with correcting inconsistencies in Burnley, Chorley, Ribble Valley, Rossendale and Wyre.  

Resolved: That the Speed Limit proposals on the various lengths of road within Burnley, Chorley, Fylde, Lancaster, Ribble Valley, Rossendale, West Lancashire and Wyre as detailed within the report and as set out in the Draft Order at Appendix 'A' of the report, for the reasons outlined in the Statement of Reasons at Appendix 'J' of the report, be approved.

Cabinet considered a report that set out the county council's proposed fee uplifts for adult social care services for 2024/25. It was noted that the county council had engaged with care providers and NHS partners in reaching the recommendations in the report.

Resolved: That the uplifts as set out at Appendix 'A' of the report be approved, with effect from 1 April 2024.

Cabinet considered a report on the determination of the statutory scheme and the mandatory timetable for co-ordinating admissions for Lancashire's primary and secondary schools and academies for 2025/2026. 

Resolved: That

1. The scheme listed at Appendix 'A' of the report, and its accompanying timetable in Appendix 'B' of the report, be adopted as the qualifying scheme for admissions to Lancashire primary and secondary schools and academies for 2025/2026; and
2. The Executive Director of Education and Children's Services be authorised to secure the adoption of the scheme by the governing body of each Lancashire voluntary aided and foundation school and academy, in order to inform the Secretary of State for Education that a scheme has been introduced in Lancashire. 

Cabinet considered a report that provided the determination of the admission arrangements for community and voluntary controlled primary and secondary schools and sixth forms schools for the school year 2025/2026.

It was noted that this year, the consultation proposed the addition of two new admission criteria for the admission arrangements for Community and Voluntary Controlled schools, namely Children of Staff and Children of Armed Forces Personnel.

In presenting the report, Cabinet thanked County Councillor Alf Clempson, Champion for Armed Forces and Veterans, for being an advocate for the Armed Forces, and for the work he has done and continues to do as the Champion for Armed Forces and Veterans.

Resolved: That,

1. The admission numbers and admission arrangements for community and voluntary controlled primary schools, secondary schools and sixth forms for 2025/2026 as listed at Appendices 'A', 'B', 'D' and 'E' of the report, be approved;
2. Following consideration of the issues raised by Community and Voluntary Controlled Governing Bodies, the community and parents, the recommendations set out in response at Appendix 'C' of the report, be approved; and
3. The admission numbers and criteria for admission, as set out at Appendices 'A', 'B', 'D' and 'E' of the report, to constitute the Authority's admission arrangements for 2025/2026, be approved.

Cabinet considered a report that provided details of the consultation within the County of Lancashire, representatives of the local Diocesan Church Education Authorities and the governing bodies of all Lancashire maintained schools, Free Schools and Academies on the establishing of the relevant area for consultation on admission arrangements.

It was noted that the Authority proposed no changes, and no responses were received by the Local Authority to this consultation.

Resolved: That the definition of the relevant areas remains unchanged for the 2026/27, 2027/28 and 2028/29 academic years, be approved.

Cabinet considered a report that provided an update of the SEND Sufficiency Strategy and outlined proposals to increase the availability of special needs provision throughout the county, through the expansion of special school places and through the further development of Special Educational needs Units at mainstream schools.

Resolved: That

1. Approval be given to initiate feasibility studies and an informal consultation process to create a Special Educational Needs unit at Brunshaw Primary School in Burnley:
2. The Executive Director for Education and Children's Services be authorised, in consultation with the Cabinet Member for Education and Skills, to review the outcomes of the informal consultations, and to decide whether to proceed with the formal consultation for the development of a Special Educational Needs unit at Brunshaw Primary School;
3. The budget for the full feasibility study on the co-located White Ash Special/Hargreaves House site in Oswaldtwistle, be approved;
4. Approval be given to initiate a feasibility study to repurpose the former Hendon Brook School site in Nelson, and to approve the budget to undertake a full feasibility study of the former Hendon Brook site; and
5. Approval be given to initiate a feasibility study to repurpose the former Hope High School site in Skelmersdale, and approve the budget to undertake a full feasibility study of the former Hope High School site.

Cabinet considered a report that sought the approval of the proposed Flood Investigation and Ordinary Watercourse Regulation documents. The documents contain policies which set out how the county council would deliver its duties to regulate ordinary watercourses under the Land Drainage Act 1991, as amended by Schedule 2 of the Flood and Water Management Act 2010, and how floods which the Lead Local Flood Authority was aware of will be investigated under the Flood and Water Management Act 2010.

Resolved: That the proposed Flood Investigation and Ordinary Watercourse Regulation documents containing policies be approved, with effect from 1 March 2024.

Cabinet considered a report on the Household Waste Recycling Centre Access Policy. It was noted that the county council's Household Waste Recycling Centre Access Policy was modified in 2020 as a result of the COVID-19 pandemic, and at the same time, a separate Inert Waste Policy which placed limits on the amount of inert wastes that residents could deliver to Household Waste Recycling Centres, with the option to pay for additional amounts, was suspended. In March 2021 a temporary Access Policy was approved which sought to maintain some of the benefits of the changes that were introduced as a result of the pandemic, most notably a move from a paper based 'permit' scheme to the use of appointments.

The report proposed a revised formal Household Waste Recycling Centre Access Policy which incorporated much of the temporary policy already being delivered.

In presenting the report, it was clarified that the changes would only affect inert waste being delivered by a van or trailer and would not affect inert waste being brought by car.

Additionally, it was noted that the policy wording as presented did not specify that the limit was related to vans and trailers. It was only inferred by the use of 'appointment'. It was therefore suggested that it would be clearer if the policy referred more directly and accordingly, and it was recommended that the text be amended as follows:

·  The deposit of inert waste using a van or trailer is restricted to 3 x 25kg bags or items (or equivalent) during any appointment.

Resolved: That the revised Household Waste Recycling Centre Access Policy as set out in Appendix 'A' of the report, be approved, subject to the following amendment to the text:

·  The deposit of inert waste using a van or trailer is restricted to 3 x 25kg bags or items (or equivalent) during any appointment.

Cabinet considered a report on the adoption of the Charter for Families Bereaved through Public Tragedy (Hillsborough Charter). It was noted that Full Council on 12 October 2023 unanimously agreed, via a Notice of Motion, to develop the Lancashire County Council Emergency Planning, Resilience and Response framework to reflect the principles of the Charter for Families Bereaved through Public Tragedy (known as the Hillsborough Charter). The report described the actions being undertaken by the county council and the plan to adopt the Hillsborough Charter though the Council's Emergency Planning, Resilience and Response Framework.

Resolved: That the actions being taken to embed the Hillsborough Charter into the Council's Emergency Planning, Resilience and Response framework, be approved.

There have been no urgent decisions taken since the last meeting of Cabinet.

There had been no urgent decisions taken since the last meeting of Cabinet.

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.  Wherever possible, the Chief Executive should be given advance warning of any Member’s intention to raise a matter under this heading.

There were no items of Urgent Business under Part I on the agenda.

The next meeting of Cabinet will be held on Thursday 7 March 2024 at 2.00 pm at County Hall, Preston.

It was noted that the next meeting of Cabinet would be held at 2pm on Thursday, 7 March 2024 at County Hall, Preston.

No representations have been received.

Click here to see the published Notice of Intention to Conduct Business in Private.

Cabinet noted the Notice of Intention to Conduct Business in Private and that no representations had been received.

The Cabinet is asked to consider whether, under Section 100A(4) of the Local Government Act 1972, it considers that the public should be excluded from the meeting during consideration of the following items of business on the grounds that there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 12A to the Local Government Act 1972 as indicated against the heading to the item.

Resolved: That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item of business on the grounds that there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 12A to the Local Government Act 1972.

Exempt information as defined in Paragraphs 1, 2 and 3 of Part I of Schedule 12A to the Local Government Act 1972. The report contains information relating to any individual; information which is likely to reveal the identity of an individual; and information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Exempt information as defined in Paragraphs 1, 2 and 3 of Part I of Schedule 12A to the Local Government Act 1972. The report contained information relating to any individual; information which is likely to reveal the identity of an individual; and information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Cabinet considered a report that requested a waiver of Procurement Rules in relation to the appointment of an independent investment advisor for Lancashire County Pension Fund.

Resolved: That the recommendation, as set out in the report, be approved.

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendix 'A' contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendix 'A' contained information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Resolved: That Appendix 'A' of Item 8 - Capital Strategy for Schools – Condition Led Capital Investment Programme 2024/25, be noted.

There was one item of Urgent Business to be considered in relation to the expansion of Pear Tree School, Kirkham.

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contained information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Cabinet considered a report in relation to the expansion of Pear Tree School, Kirkham.

The reason for urgency was due to the further approvals being necessary at this point in time for the expansion of Pear Tree School, Kirkham which will allow the works required to be completed by September 2024 in support of the implementation of the SEND Sufficiency Strategy 2019-24.

Resolved: That the recommendations, as set out in the report, be approved.