Decisions

Lancashire County Council signed the Armed Forces Covenant in November 2013 and has since implemented a number of policies in order to live up to the commitment it made more than five years ago.

 

It is proposed to strengthen the county council's role as an employer of members of the Armed Forces community through the preparation of a formal expression of interest for a 2020 Employer Recognition Scheme Gold Award. Where appropriate, this process may involve the adoption of new procedures to promote the interests of the Armed Forces community in Lancashire.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

 

The Cabinet approved the recommendation(s) as set out in the report.

 

This report seeks approval for the budget for the construction works required to expand Barrow Primary School, Clitheroe, to become a one form entry school, and so help meet the forecast shortfall of school places in the local area.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 has been complied with.

Cabinet approved the recommendation as set out in the report.

This report outlines proposals and considers options in relation to premises where Community Asset Transfer requests have been received.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report.

The Re-Imagining the Harris project is a partnership between Lancashire County Council and Preston City Council which was established in 2015 with the aim of transforming the Harris Museum, Art Gallery and Library (the Harris). This report focusses on the ambition to secure major investment to redevelop and improve the services offered at the Harris

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report.

The county council has led local and national transport and public health partners in preparing the Lancashire Cycling and Walking Strategy: Actively Moving Forward.

 

The strategy is in line with the Government's Cycling and Walking Investment Strategy which aims to deliver a transformation in cycling and walking infrastructure and participation rates. The preparation of the strategy, and in due course the preparation of Local Cycling and Walking Investment Plans, will position the three Lancashire Local Transport Authorities and the twelve district authorities favourably for future government and local investment opportunities.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report.

This report sets out the current position in relation to Bamber Bridge library. The premises are subject to a community asset transfer application from 1^st Bamber Bridge Scouts. It also sets out the current position in relation to Brunshaw Young People's Centre, Burnley which is subject to a community asset transfer application from Charter House.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report, with the exception of recommendation (i).

This report provides an update on progress in relation to the proposed M55 to Heyhouses Link Road and seeks approval to a number of steps to support the implementation of the scheme. 

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report.

The report sets out a proposal to lower the road surface temperature at which gritting is commenced on the highway network in Lancashire.  The report also includes the recommendations of the Internal Scrutiny Committee's Task and Finish Group on this matter.

 

The rationale for the proposed change is attached at Appendix 'A'.  The relevant section of the Winter Service Plan including the proposed amendment, as set out in the report, is attached at Appendix 'B' for information.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report.

This report outlines the capital works required at three operational premises, in order to deliver remedial and repair works as well as suitability investment for operational delivery and health and safety.

 

The report sets out the proposals for the allocation of funding from the unallocated monies.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report.

At its meeting on 8 February 2018, Full Council approved an increase in the charge made to disabled NoWcard holders for travel before 0930 Monday to Friday from 50p to £1, subject to consultation, with the outcome to the consultation to be presented to Cabinet for final approval.

 

Consultation has now been carried out, an equality analysis has been undertaken and this report presents the findings.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report.

The report recommends acceptance of terms for the sale of Land at Bluebell Way, Preston.

 

This is deemed to be a Key Decision and the provisions of Standing Order C21 have been complied with. Compliance with Standing Orders C19 and C20 was impractical due to the reasons set out in the report.

 

This decision should be implemented immediately for the purposes of Standing Order C29 as any delay could adversely affect the execution of the County Council's responsibilities. The reasons for this are set out in the report.

 

The full report is not available for publication as it contains 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.

The Leader of the County Council approved the recommendation as set out in the full report.

 

This decision is urgent and cannot await the next meeting of Cabinet on 9th August 2018. The reason for this is that any delay in reaching a conditional contract position could risk losing the highest acceptable tender.  This decision is therefore being taken on behalf of Cabinet by the Leader of the Council in accordance with the provisions of Standing Order C28(1).

 

This decision should be implemented immediately for the purpose of Standing Order C29 as any delay could adversely affect the execution of the County Council's responsibilities. The reason for this is that any delay in reaching a conditional contract position could risk losing the highest acceptable tender.

This report sets out the proposals for the allocation of schools capital funding provided by the Education and Skills Funding Agency to address a further phase of high priority building condition repairs on Community, Voluntary Controlled and Maintained Schools in Lancashire.  This is an interim report to address recently identified urgent works.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation as set out in the report.

Burnley Borough Council, supported by the county council, has recently been successful in a bid to the Lancashire Enterprise Partnership to fund public realm improvements on Burnley Road, Padiham. Burnley Borough Council has indicated a willingness to enter into a formal section 278 agreement for the design, delivery and payment of the works and that this will be managed by the county council as the Highway Authority.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendations as set out in the report.

Following the introduction of the Care Act 2014, the county council has undertaken to review all adult social care policies, practice and guidance to ensure compliance.

 

A new policy is now presented for approval:

 

• Managing Provider Failure (Appendix 'A')

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation as set out in the report.

In line with the county council's procurement rules, this report sets out a recommendation to approve the commencement of the following procurement exercises:

(i)  Provision of Rosebud Investment Fund Management

(ii)  Traffic Management

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation as set out in the report.

The University of Central Lancashire (UCLan) have been supported by the county council in the development of a design for the implementation of the highway proposals required to support the UCLan Masterplan development in the Adelphi Quarter area of Preston.

 

An advance payment is proposed to be added to the Capital Programme in connection with the scheme. The advance payment of £10.4m proposed from UCLan is their estimate of construction costs at present and this report seeks to include it within the Capital Programme. It will be paid upon the finalisation of the design and completion of the requisite section 278 agreement. 

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation as set out in the report.

As part of the normal process of service delivery the approved Highways and Transport Capital Programmes now require certain amendments in order to meet emerging priorities and to respond to some unanticipated service demands. The proposed amendments are set out at Appendix 'A'.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation as set out in the report.

In the context of increasing budgetary pressures, it was agreed at the meeting of Full Council on 8 February 2018 that the budget option in relation to part funding of Police Community Support Officers be subject to consultation. The consultation has now been completed, with the findings set out in this report. An Equality Analysis has been completed as part of the consultation process and is set out at Appendix 'C'

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet agreed to remove the part funding of the Police Community Support Officers.

The county council is considering its current policy for the supply of Halal meat to schools. The council currently provides both stunned and un-stunned halal meat in a small number of schools (27) across multiple districts, providing this service for the provision of school meals where there is the demand for it from the Muslim community and where the Headteacher and Governing Body request this for a proportion of their children. The county council is considering the proposal that, where halal meat is supplied, this must be stunned.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet Resolved:

 

That,

 

(i)  the review, as set out at Appendix 'A' and associated annexes together with background papers demonstrating the history of this policy area, be noted.

(ii)  the findings from the public consultation (Appendix 'B') and the updated Equality Analysis (Appendix 'C') be noted.

(iii)  the supply of un-stunned halal meat, with the exception of poultry, to schools be ceased . 

(iv)  a further discussion be held with the Lancashire Council of Mosques to see how the implications of the decision at (iii) above can be mitigated should the Lancashire Council of Mosques proceed with its threat to boycott school meals.

 

The report seeks approval for the formation of an Environmental Health Primary Authority working status with Preston City Council, to enable the Schools and Residential Care Catering Service to operate effectively across Lancashire.

The Cabinet approved the recommendations as set out in the report.

1.  It was moved by County Councillor Frank De Molfetta and seconded by County Councillor David O'Toole that:

 

Lancashire Combined Fire and Rescue Authority remains committed to delivering the best possible service to Lancashire's communities, with the resources it has available. The county council notes that the fire and rescue authority continues to work productively and effectively with a range of stakeholders and that the fire and rescue authority also acknowledges the new statutory duty to collaborate with other emergency services, while recognising many initiatives were already in place or in development irrespective of this mandate.

 

The county council remains confident that current governance arrangements present the best way to deliver a fire and rescue service for Lancashire's communities, and notes that the fire and rescue authority will provide the information required for the work proposed by the police and crime commissioner, which it believes will evidence that collaborative opportunities are already being effectively progressed within existing structures.

 

Consequently, this council is opposed to any proposals that transfer any current responsibilities of the fire and rescue authority in Lancashire to the police and crime commissioner.

 

Lancashire County Council therefore asks the interim Chief Executive and Director of Resources to write to the Police and Crime Commissioner and the Home Secretary explaining this view, sending copies to all Lancashire members of parliament.

 

On being put to the vote the motion was CARRIED and it was:

 

Resolved: - That:

 

Lancashire Combined Fire and Rescue Authority remains committed to delivering the best possible service to Lancashire's communities, with the resources it has available. The county council notes that the fire and rescue authority continues to work productively and effectively with a range of stakeholders and that the fire and rescue authority also acknowledges the new statutory duty to collaborate with other emergency services, while recognising many initiatives were already in place or in development irrespective of this mandate.

 

The county council remains confident that current governance arrangements present the best way to deliver a fire and rescue service for Lancashire's communities, and notes that the fire and rescue authority will provide the information required for the work proposed by the police and crime commissioner, which it believes will evidence that collaborative opportunities are already being effectively progressed within existing structures.

 

Consequently, this council is opposed to any proposals that transfer any current responsibilities of the fire and rescue authority in Lancashire to the police and crime commissioner.

 

Lancashire County Council therefore asks the interim Chief Executive and Director of Resources to write to the Police and Crime Commissioner and the Home Secretary explaining this view, sending copies to all Lancashire members of parliament.

 

2.  It was moved by County Councillor John Potter and seconded by County Councillor David Howarth that:

 

Lancashire County Council notes:

 

The disappointment felt by many Lancashire residents, parents and teachers, over the government announcement of a £50m fund to help grammar schools expand at a time when school budgets are very tight; and the prospect of new schools potentially being fully selective on religious grounds.

 

The clear evidence produced by the Institute of Fiscal Studies (IFS) that grammar schools do not improve social mobility. The conclusion of the IFS is that grammar schools may offer an opportunity to improve and stretch the brightest pupils, but it is likely to come at the cost of increasing inequality.

 

We further note that schools in partnership with Lancashire County Council could create a new generation of voluntary aided faith schools that would have the ability to be fully selective on grounds of religion.

 

Lancashire County Council believes:

 

That while we welcome the ability of councils to open new schools, the focus should not be on wholly selective, faith-based or free schools.

 

That the £50m fund should be used instead to help our struggling state schools and that the Government should repeal the rule that all new-state funded schools must be free schools or academies.

 

Lancashire County Council resolves:

 

To instruct the interim Chief Executive and Director of Resources to:

 

(i)  Write to the Secretary of State for Education to request a review of this initiative.

(ii)  Write to Lancashire MPs asking them to support the terms of this resolution.

 

The following amendment was proposed by County Councillor Susie Charles and seconded by County Councillor Philippa Williamson:

 

Lancashire County Council notes the government announcement of a £50m fund to help grammar schools expand.

 

We further note that schools in partnership with Lancashire County Council could create a new generation of voluntary aided faith schools that would have the ability to be fully selective on grounds of religion

 

We welcome the ability of councils to open new schools and instruct the interim Chief Executive and Director of Resources to write to the Secretary of State for Education to welcome the opportunity and new funding and to clarify how this new money can be best used for the benefit of children and young people in Lancashire.

 

The amendment was put to the vote and was CARRIED and became the substantive motion. The substantive motion was then put to the vote and was CARRIED. It was therefore:

 

Resolved: - That:

 

Lancashire County Council notes the government announcement of a £50m fund to help grammar schools expand.

 

We further note that schools in partnership with Lancashire County Council could create a new generation of voluntary aided faith schools that would have the ability to be fully selective on grounds of religion

 

We welcome the ability of councils to open new schools and instruct the interim Chief Executive and Director of Resources to write to the Secretary of State for Education to welcome the opportunity and new funding and to clarify how this new money can be best used for the benefit of children and young people in Lancashire.

 

3.  It was moved by County Councillor Gina Dowding and seconded by County Councillor Shaun Turner that:

 

Lancashire County Council celebrates the success of ME (Myalgic Encephalomyelitis) Awareness Week, which ran from 6 to 12 May 2018 and acknowledges that people with ME, their families and ME organisations worked hard during the week to highlight the experience of people with ME/CFS (Chronic Fatigue Syndrome), and thanks all those with ME who attended events, such as the Missing from Morecambe event, and Lancaster City Council for lighting up the Ashton Memorial in Lancaster in blue to raise awareness of this debilitating illness.

 

Lancashire County Council notes that an Early Day Motion had earlier been launched by Carol Monaghan MP:

 

"That this House recognises Myalgic Encephalomyelitis (ME) Awareness Week, from 6 to 12 May 2018 which aims to highlight the impact this invisible illness has on 250,000 people across the UK; recognises the fantastic work campaigners and charities are doing to highlight ME as a physical condition which is not all in the mind; acknowledges the detrimental effect of the PACE trials and its results, and the work which is being done to reverse this; and encourages people to go blue for ME across the week, to further bring this illness out of the shadows and into the spotlight".

 

Lancashire County Council therefore resolves, in support of the hundreds of people in Lancashire living with ME, to request that the interim Chief Executive and Director of Resources writes to all Lancashire MPs asking them to support any efforts to relieve the suffering of people with ME and encourage debate in Parliament on issues relating to ME including:

·  Medical Education

·  Need for an Early and Accurate Diagnosis

·  NICE guideline review

·  The PACE trial

·  NHS services postcode lottery

·  Problems relating to children (child care facilities)

·  Severe ME (lack of domiciliary services and specialised units and difficulties accessing social care)

·  DWP benefits

·  Biomedical research

 

On being put to the vote the motion was CARRIED and it was:

 

Resolved: - That:

 

Lancashire County Council celebrates the success of ME (Myalgic Encephalomyelitis) Awareness Week, which ran from 6 to 12 May 2018 and acknowledges that people with ME, their families and ME organisations worked hard during the week to highlight the experience of people with ME/CFS (Chronic Fatigue Syndrome), and thanks all those with ME who attended events, such as the Missing from Morecambe event, and Lancaster City Council for lighting up the Ashton Memorial in Lancaster in blue to raise awareness of this debilitating illness.

 

Lancashire County Council notes that an Early Day Motion had earlier been launched by Carol Monaghan MP:

 

"That this House recognises Myalgic Encephalomyelitis (ME) Awareness Week, from 6 to 12 May 2018 which aims to highlight the impact this invisible illness has on 250,000 people across the UK; recognises the fantastic work campaigners and charities are doing to highlight ME as a physical condition which is not all in the mind; acknowledges the detrimental effect of the PACE trials and its results, and the work which is being done to reverse this; and encourages people to go blue for ME across the week, to further bring this illness out of the shadows and into the spotlight".

 

Lancashire County Council therefore resolves, in support of the hundreds of people in Lancashire living with ME, to request that the interim Chief Executive and Director of Resources writes to all Lancashire MPs asking them to support any efforts to relieve the suffering of people with ME and encourage debate in Parliament on issues relating to ME including:

·  Medical Education

·  Need for an Early and Accurate Diagnosis

·  NICE guideline review

·  The PACE trial

·  NHS services postcode lottery

·  Problems relating to children (child care facilities)

·  Severe ME (lack of domiciliary services and specialised units and difficulties accessing social care)

·  DWP benefits

·  Biomedical research

 

4.  It was moved by County Councillor David Whipp and seconded by County Councillor David Howarth that:

 

Council notes the reaction to proposed staffing changes at libraries in Pendle as a consequence of standardisation of library opening hours.

 

In view of the considerable concern expressed by library users, particularly in Colne, council requests that the portfolio holder reviews this issue in the hope of achieving a more acceptable outcome.

 

The following amendment was proposed by County Councillor Peter Buckley and seconded by County Councillor Joe Cooney:

 

Council notes the reaction to proposed staffing changes at libraries in Pendle as a consequence of standardisation of library opening hours.

 

Council is recommended to:

 

•  Acknowledge the dedication and hard work of library staff across the County.

•  Note that staff transfers between libraries are a necessary function of operational management, in accordance with established HR policies and procedures.

•  Note that reopening of Barrowford library in January and the forthcoming reopening of Earby library increases library provision in Pendle by over 20%.

•  Note that the revised Premises Use Policy provides additional flexibility for accessing library buildings outside of core opening times.

•  Note the standardisation of library hours across the County into four Bands increases the cumulative total opening hours at a reduced cost to the taxpayer.

•  Note that no member of library staff has been made compulsory redundant as part of the standardisation of library opening hours process.

 

The amendment was put to the vote and was CARRIED and became the substantive motion. The substantive motion was then put to the vote and it was CARRIED. It was therefore:

 

Resolved: - That:

 

Council notes the reaction to proposed staffing changes at libraries in Pendle as a consequence of standardisation of library opening hours.

 

Council is recommended to:

 

•  Acknowledge the dedication and hard work of library staff across the County.

•  Note that staff transfers between libraries are a necessary function of operational management, in accordance with established HR policies and procedures.

•  Note that reopening of Barrowford library in January and the forthcoming reopening of Earby library increases library provision in Pendle by over 20%.

•  Note that the revised Premises Use Policy provides additional flexibility for accessing library buildings outside of core opening times.

•  Note the standardisation of library hours across the County into four Bands increases the cumulative total opening hours at a reduced cost to the taxpayer.

•  Note that no member of library staff has been made compulsory redundant as part of the standardisation of library opening hours process.

 

5.  It was moved by County Councillor Paul Greenall and seconded by County Councillor Gina Dowding that:

 

This Council notes the recent election of a new Conservative administration on Pendle Borough Council and that this administration was elected on a manifesto pledge to: “Look to establish a new Unitary Authority for Pennine Lancashire, this would ensure decisions on areas such as Highways, Education and Social Care are taken by one Council, closer to home”.

 

In recognition of this mandate, this Council instructs the interim Chief Executive and Director of Resources (and relevant county council officers) to co-operate positively with Pendle Borough Council (and any other interested parties within Lancashire), in order to help in the establishment of a new Unitary Authority for Pennine Lancashire.

 

The following amendment was proposed by County Councillor Joe Cooney and seconded by County Councillor Christian Wakeford:

 

This Council notes the recent election of a new Conservative administration on Pendle Borough Council and that this administration was elected on a manifesto pledge to:

 

“Look to establish a new Unitary Authority for Pennine Lancashire, this would ensure decisions on areas such as Highways, Education and Social Care are taken by one Council, closer to home”.

 

Council welcomes the new administration of Pendle Borough Council and notes discussions on Unitary Authority status will shortly be held across all parties in East Lancashire. 

 

Council therefore resolves to await the outcome of these discussions and any firm proposals being put forward for consideration.

 

The amendment was accepted and became the substantive motion. The substantive motion was then put to the vote and was CARRIED. It was therefore:

 

Resolved: - That:

 

This Council notes the recent election of a new Conservative administration on Pendle Borough Council and that this administration was elected on a manifesto pledge to:

 

“Look to establish a new Unitary Authority for Pennine Lancashire, this would ensure decisions on areas such as Highways, Education and Social Care are taken by one Council, closer to home”.

 

Council welcomes the new administration of Pendle Borough Council and notes discussions on Unitary Authority status will shortly be held across all parties in East Lancashire. 

 

Council therefore resolves to await the outcome of these discussions and any firm proposals being put forward for consideration.

 

 

 

 

It was moved by County Councillor Peter Buckley, and seconded by County Councillor Edward Nash, that County Councillor Paul Rigby be appointed Vice-Chairman of the County Council.

 

There being no other nominations, it was:

 

Resolved: - That County Councillor Paul Rigby be appointed Vice-Chairman of the County Council until the Annual General Meeting of the Full Council in 2019.

 

County Councillor Rigby then took his seat and made his Declaration of Acceptance of Office.

County Councillor Terry Aldridge, the retiring Chairman of the County Council, presided for this item.

 

It was moved by County Councillor Peter Steen, and seconded by County Councillor David Stansfield, that County Councillor Anne Cheetham be elected Chairman of the County Council.

 

There being no other nominations, it was:

 

Resolved: - That County Councillor Anne Cheetham be elected Chairman of the County Council until the Annual General Meeting of the Full Council in 2019.

 

County Councillor Cheetham then took the Chair and made her Declaration of Acceptance of Office.

Resolved: - That the minutes of the meeting of Full Council held on 22 February 2018 be confirmed and signed by the Chairman.

A review of civil registration ceremony fees set by the county council has been carried out and a recommendation is made for some of the fees to be increased.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendation as set out in the report.

This report outlines proposals in relation to the provision of library facilities in Lytham, Fylde.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendations as set out in the report.

The Corporate Parenting Board is a working group of the Cabinet.  A review has been undertaken of its Terms of Reference, and proposals are now presented to the Cabinet to consider.

Cabinet approved the recommendations as set out in the report.

In November 2017, Cabinet approved a review of employment terms and conditions and to enter into formal consultation with the recognised trade unions to seek a collective agreement on how to achieve a saving of at least £5m. The saving is profiled to be delivered from 1 July 2018, with a saving of £3.750m in 2018/19 and the remaining balance to be achieved in 2019/20.

 

The formal consultation period has now ended the outcome of which is set out within this report.

 

Cabinet approved the recommendation as set out in the report.

Following the introduction of the Care Act 2014, the county council has undertaken to review all adult social care policies, practice and guidance to ensure compliance.

 

Two new policies are now presented for approval:

 

•  Care and Support Planning (Appendix 'A')

•  Continuity of Care (Appendix 'B')

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendation as set out in the report.

On 8 February 2018, Full Council agreed a number of specific saving areas, which would be subject to further consultation prior to a final decision being made by Cabinet.

 

One of these areas is the county council's provision of "lower-level advocacy" services, which help vulnerable people understand information about public services, have their voice heard and their rights protected.  Advocacy involves one-to-one support to help people access public services equitably.  The service is non-statutory.

 

This report presents the results of the consultation and its impact on the related policy recommendation.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendation as set out in the report.

As part of the normal process of service delivery the approved Highways and Transport Capital Programmes now require certain amendments in order to meet emerging priorities and to respond to some unanticipated service demands. The proposed amendments are set out at Appendix 'A'.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendation as set out in the report.

In line with the county council's procurement rules, this report sets out a recommendation to approve the commencement of the following procurement exercises:

 

(i)  Fuel cards

(ii)  Supply and distribution of rock salt

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendation as set out in the report.

 

This report sets out a proposal to introduce a 50 miles per hour speed limit and restricted road (30 miles per hour speed limit will apply) and associated revocations at (A674) Chorley Road, Blackburn New Road and Millennium Way, Chorley.

Cabinet approved the recommendation as set out in the report.

Following investigations and a public consultation, it is proposed to make a speed limit order to introduce a number of speed restrictions on various roads within Lancashire, to clarify and simplify a number of speed limit orders to improve the safety and operation of the public highway network and to allow for effective enforcement by Lancashire Constabulary. Objections have been received to some of the proposals.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

Cabinet approved the recommendation as set out in the report.

This report outlines the work of the District Youth Councils in their role in recommending grant monies to third sector organisations which are registered with the Children and Family Wellbeing Service.

Cabinet approved the recommendation as set out in the report, with the added recommendation that the narrative below is included in all future Small Grant Application Forms.

 

Monitoring and Reporting:

The organisation will be required to produce a performance report at the end of the project which demonstrates the impact of the project and should include

·  details of how many children/young people have accessed the project;

·  how the funding was spent;

·  what outcomes have been achieved.

Following a review of the Care Leavers Financial Entitlements, Appendix 'A' sets out a revised policy reflecting proposed changes to the existing financial arrangements.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

 

The Cabinet approved the recommendation(s) as set out in the report.

 

Resolved: That the press and public 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 paragraphs of Part 1 of Schedule 12A to the Local Government Act, 1972, as indicated against the heading of each item. It is considered that in all the circumstances the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The Head of Fund informed the meeting that as the consultation with employers on the Pension Administration Strategy Statement had been delayed a report on the outcome would now be presented to the next meeting.

 

The Chair reported that he had asked Mr Neville to recirculate the training needs analysis form and urged those members of the Committee who had not already completed it to respond in order to inform the development of the Training Plan.

 

In response to a query regarding the reference to reducing pay differentials in Section 4a of the Responsible Investment Policy approved at the last meeting it was suggested that the matter be referred to the Responsible Investment Working Group for consideration.

 

Resolved:

 

1.  That the Minutes of the meeting held on the 23^rd March 2018 are confirmed as an accurate record and signed by the Chair.

 

2.  That a report on the outcome of the consultation with employers regarding the Pension Administration Strategy Statement be presented to the meeting on the 5^th July 2018.

 

3.  That the Responsible Investment Working Group consider whether the reference to reducing pay differentials in Section 4a of the Responsible Investment Policy should be included within the 'Improving Employment Practices' priority area.

A report was presented on the withdrawal of support for "The Lancashire County Council Definitive Map and Statement of Public Rights of Way (Definitive Map Modification) (No.3) Order 2011", on the basis that although the County Council considered that there was sufficient evidence to satisfy the test to make the Order, information had come to light since the original decision that suggested the evidence would not be sufficient to meet the higher test that it subsists on the balance of probabilities.

 

It was reported that, on12thMay 2010, the Authority gave consideration as to whether or not an Order should be made to add a Public Footpath, extending from a point on Public Footpath No. 39 Newburgh, to a point on Public Footpath No. 40 Newburgh, West Lancashire Borough to the Definitive Map and Statement of Public Rights of Way. This report was attached as Appendix A to the agenda papers.  The decision of the County Council had been that there was sufficient evidence that a Public Footpath was reasonably alleged to subsist or to subsist along the route.

 

The Committee noted that a Definitive Map Modification Order had been duly made on 12thJanuary 2011.  However, an objection had been received to the making of the Order by the landowner who had referred to post and rail fencing extending earlier chestnut paling and having witnesses regarding this, and having evidence of work redirecting walkers.  Statutory provisions stated that, where there are objections, the Order Making Authority should submit the Order to the Secretary of State for formal determination.  Although the Order Making Authority had previously assessed the evidence and considered that there had been sufficient evidence to satisfy the test to make the Order and also to promote it to confirmation, now in considering information that had come to light since including that from interviews had been carried out, on the balance of probabilities, it was advised that officers no longer considered that the evidence would be sufficient to meet the higher test for confirming the Order, that the route already subsists as a footpath on the balance of probabilities.

 

Details of the issues that had arisen were provided to the Committee in the agenda papers.

 

The Committee noted that the actions of the owners, and the weak evidence of use, on balance, made it difficult to argue inferred or deemed dedication.  It was felt therefore, that it would be difficult to justify promoting this Order to confirmation as originally thought.  The Committee were advised they may therefore feel that although the County Council as Order Making Authority had made the correct decision regarding the making of the Order it should reverse its previous decision in respect of the confirmation, in light of the new evidence, and agree that the Order be submitted to the Secretary of State for formal determination, but notify the Secretary of State that it does not actively support the Order and adopt a "neutral stance" as regards confirmation of the Order.

 

Resolved:  That the County Council as Order Making Authority should submit The Lancashire County Council (Definitive Map and Statement of Public Rights of Way (Definitive Map Modification) (No.3) Order 2011 to the Secretary of State for Environment, Food and Rural Affairs for formal determination, but notify the Secretary of State that it does not actively support the Order and adopts a "neutral stance" as regards confirmation of the Order.

 

A report was presented on an application for the addition to the Definitive Map and Statement of a footpath from Lancaster Road, Pilling to Public Footpath 19 Pilling, Wyre Borough, shown on the Committee plan between point A and point E attached to the agenda papers.

 

A site inspection had been carried out in November 2007.

 

The applicant had provided 33 user evidence forms which showed use of the route from as early as 1940.  The user forms suggest that, on balance, the route had been used as of right and without force, secrecy or interruption.

 

Considering the historical map evidence, it was suggested that there was insufficient historical map evidence from which public rights could be inferred from this but looking at the user evidence it appeared that no clear actions were taken by owners, and use by the public continued over several years prior to 1989, such that on balance there may be sufficient evidence from which to infer dedication at common law.

 

The Committee noted that Wyre Borough Council had been consulted and confirmed that they had no comments to make.  Pilling Parish Council supported the application stating that the route had been used for many years.

 

It was reported that numerous alterations to properties along the route had been made.

 

A dedication under S31 cannot be deemed if changes to the route interrupted use or served to indicate sufficiently an intention that the route was not a public right of way.  Where the boundaries had changed over the qualifying period, the only part of the width of the way which could be deemed to have been dedicated was that which had been available and used by the public throughout that period. This was about 2m width despite the fact that for much of the period a greater width had been available to one side or the other of that 2m. There was no evidence that use of this width was interrupted, and no evidence of a lack of intention to dedicate a public route.

 

The Committee noted that, on balance, and after careful consideration, it was suggested that the criteria under S31 could be satisfied.  Taking all the information into account, the Committee were advised they may consider that a dedication of a footpath could be deemed or inferred, and that it was appropriate that an Order be made and promoted to confirmation.

 

Resolved: 

 

(i)  That the application for a Footpath from Lancaster Road, Pilling to

Footpath 19 Pilling, to be added to the Definitive Map and

Statement of Public Rights of Way, in accordance with File No. 804-459 be accepted.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (c)(i) of the Wildlife and Countryside Act 1981 to add a Footpath from Lancaster Road, Pilling to Footpath 19 Pilling to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A and E.

 

(iii)  That being satisfied that the higher test for confirmation can be met, the Order be promoted to confirmation.

 

 

A report was presented on an application for the addition to the Definitive Map and Statement, of a restricted byway from a point on the un-numbered cycleway east of the subway under Glenburn Road, passing through the grounds of Lathom High School, to a point on highway F8761, known as Summer Street, as shown between points A-B-C-D on the Committee plan attached to the agenda papers.

 

It was reported that the application route crossed land forming part of Lathom High School, running along a tarmac road, immediately south of the school buildings and between the buildings and adjacent school fields and tennis courts.

 

A site inspection had been carried out on 13 September 2017.

 

The applicant had provided 5 user evidence forms that indicated knowledge and use of the route, and all 5 users stated that they had used the route for 20 years or more, with 2 users claiming to have used the route on pedal cycle, whilst the other 3 users claimed only to have used the route on foot.

 

The Committee noted that West Lancashire District Council had been consulted and no response had been received, therefore it was assumed they had no comments to make.

 

The Committee noted that the main purpose given for using the route was to access local amenities, including the doctors, vets and shops; the users also claimed to have used the route for pleasure including visiting friends/family and dog walking.

 

Section 31, Highways Act 1980, as amended by section 68 of NERC 2006, provides that use of a way by non-mechanically propelled vehicles (such as a pedal cycle) can give rise to a restricted byway.  The Committee was therefore asked to consider whether the use by two users on pedal cycles would be sufficient to deem dedication by the owner as a route for non-mechanically propelled vehicles.  It was suggested that such use was insufficient in this matter. It was further suggested that the small number of users in the context of this urban setting was insufficient to deem any public rights.

 

The Committee also needed to consider whether there were circumstances from which dedication could be inferred at common law.  The map evidence suggested that the application route did not exist before the development of the school which opened in 1969.  The route was shown on a plan of Tawd Valley Park dated 1974 but did not form part of the park.

 

In 1985, the route was shown on the 1:2500 OS Map noted as Summer Street, however the original line of Summer Street was the subject of a Highway Extinguishment Order in 1972.

 

Therefore, it was considered that the mapping and user evidence taken together were insufficient from which to infer dedication under common law.

 

Resolved:  That the application for a Restricted Byway from a point on the un-numbered cycleway east of the subway under Glenburn Road, passing through the grounds of Lathom High School to a point on highway F8761 (known as Summer Street) and shown on the Committee plan between points A-B-C-D, in accordance with File No.804-591, be not accepted.

 

A request for approval to authorise a proposed settlement of claim.

 

This is deemed to be a Key Decision and the provisions of Standing Order 21 have been complied with. Compliance with Standing Orders C19 and C20 was impracticable due to the reasons set out in the report.

The Leader of the County Council approved the recommendation as set out in the full report.