Decisions

Lancashire has a well-regarded and high performing residential service for our most vulnerable children. However, it has been several years since this provision was last reviewed. Working across all the elements of residential provision and based on evidence and consultation this report proposes a change to the way we provide residential care.

Lancashire Education and Children's Services now have a strength based operating model known as Family Safeguarding. Supporting families to remain together and ensure that they receive care within the home, the benefits are that families can deal with their own issues more easily and become confident working alongside practitioners to find solutions to their needs. To support this new way of working, we must reshape our residential provision and purpose.

This report presents proposals to increase provision to support children to remain at home with support; to establish 2 reception units enabling better assessments of children in crisis, and to reconfigure the residential provision to enable Lancashire to care for more children and young people within the county boundary.

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.

In line with the county council's procurement rules, this report sets out a recommendation to approve the commencement of a procurement exercise for the provision of IT Hardware.

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

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

It is a legal requirement for all local authorities to provide a Children Looked After Sufficiency Strategy, as set out in Section 22G of the Children's Act 1989. The Strategy sets out how Lancashire County Council intends to meet its Sufficiency Duty for the children we look after, improve the quality and choice of placements, ensure value for money and minimise the likelihood of suitable placements not being available locally. 

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.

The council is receiving increasing numbers of requests for residents parking schemes within the county. The present criteria for the introduction of these schemes was adopted 11 years ago.  Over the last several years, very few schemes have been introduced due to resource limitations.  More recently, the county council removed the offer of Residents Permit Parking Schemes as part of the Highways Service Delivery Plan (2015). Prior to considering re-starting the introduction of residents parking schemes it is prudent to revise the criteria to allow new schemes to be promoted where the need is the greatest.

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.

A report on the Housing Infrastructure Fund.

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

In accordance with the Government's school funding Regulations and Guidance, the Authority is required to submit a final Schools Block budget pro-forma for 2021/22 to the Education and Skills Funding Agency by 21 January 2021. This report seeks the approval of Cabinet to submit the Schools Block budget pro-forma and requests approval for the Early Years, High Needs and Central Schools Services Block budgets for 2021/22.

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 sets out proposals to thank and recognise staff for their continued hard work and achievements made during the Coivd-19 pandemic.

The Leader of the County Council approved the recommendation(s) as set out in the report.

This report relates to the replacement of County Councillor Aidy Riggott by County Councillor Joan Burrows as Lead Member for Economic Development and Cultural Services.

The Leader of the County Council approved the recommendation(s) as set out in the report.

The purpose of the COVID-19 Winter Grant is to provide support to upper tier local authorities, in England, for expenditure lawfully incurred or to be incurred by them in accordance with the grant conditions to provide support over the winter to children and households who are experiencing, or at risk of experiencing, poverty, where they are impacted by the ongoing public health emergency and where alternative sources of assistance may be unavailable.

This is deemed to be a Key Decision and the provisions of Standing OrderC21 have been complied with. Compliance with Standing Orders C19 and C20 was impractical as the grant allocation has only recently been announced.

The Leader of the County Council and Cabinet Member for Children, Young People and Schools approved the recommendation(s) as set out in the report.

A report was presented on an application for an Order to be made under Section 118 of the Highways Act 1980, to extinguish part of Footpath Rawtenstall 205, Rossendale Borough that crossed three properties on a housing estate that was built in the mid 1950's. The length of existing path proposed to be extinguished was shown by a bold continuous line on the Committee plan and marked as A-B-C.

It was reported that the owners of the property had, at no time, ever been made aware that a public right of way recorded on the Definitive Map and Statement for Public Rights of Way crossed their property.

A local authority search, carried out in connection with the sale of the property, revealed that a public footpath was recorded passing through 25 Windsor Avenue and the properties to the rear, 104 and 106 Staghills Road. Rossendale Borough Council and Lancashire County Council do not have any record that a legal order has been made to divert, stop up or extinguish any part of the footpath.

The Committee noted that the proposed Order met the criteria for the extinguishment of a public right of way under Section 118 of the Highways Act 1980, in that it was expedient that the path should be stopped up on the grounds that it was not needed for public use.

It was reported that consultation with the statutory undertakers had been carried out and that no objections or adverse comments on the proposal had been received.

Resolved:

(i)  That subject to no significantly adverse responses to the consultations, an Order be made under Section 118 of the Highways Act 1980 to extinguish part of Footpath Rawtenstall 205, on the route shown by a bold continuous line and marked A-B-C on the Committee plan.

(ii)  That in the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its confirmation.

(iii)  That provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the extinguishment order.

A report was presented on an application for an Order to be made under Section 119 of the Highways Act 1980, to divert part of Footpath Trawden 188, Pendle Borough. The length of existing path to be diverted was shown by a bold continuous line and marked on the Committee plan as A-B-C, and that the proposed new route was shown by a bold broken line and marked A-D-E.

It was reported that the current owner was not aware that the recorded route of the footpath was obstructed by an agricultural barn when she purchased the property. All of the existing route and of the new route was owned by the applicant.

The Committee noted that the new footpath would provide similar open views of the countryside and would avoid the need to negotiate the steep embankment and deep ditch. In addition, the new footpath would provide an obvious, safe and convenient footpath away from the buildings at Parson Lee Farm.

It was reported that consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received.

Resolved:

(i)  That subject to no significantly adverse responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath Trawden 188, from the route shown by a bold continuous line and marked A-B-C on the Committee plan, to the route shown by a bold broken line and marked A-D-E.

(ii)  That in the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its confirmation.

(iii)  That provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion.

A report was presented on an application for an Order to be made under Section 119 of the Highways Act 1980, to divert part of Footpath Wheelton 19, Chorley Borough from the route shown by a bold continuous line and marked A-B, to the route shown by a bold broken line and marked A-C-D-E-F on the Committee plan attached to the agenda papers.

The Committee noted that Clovian House and Miry Fold Farm were residential dwellings that were part of a small development on the site that was granted planning permission in 2015. Whilst the development was ongoing, for safety reasons, the footpath was temporarily diverted to the edge of the site, onto the alignment of the proposed new route A-C-D-E-F.

The current owners had not been involved in the original planning application and had only recently become aware that the necessary order had not been made to permanently divert the footpath onto the alternative route that was available to be walked on the ground. Now that the current owners were aware of this, they wished to regularise the situation. If the diversion was successful, it would remove the footpath that ran through the building, boundary fence, hedge and boundary wall of one of the houses and also across the gardens.

It was reported that consultation with the statutory undertakers had been carried out and that no objections or adverse comments on the proposal had been received.

Committee were informed that since the report had been drafted, it was no longer proposed that a gate be erected at point D, where the footpath crossed the field boundaries of two separate paddocks. The reason for this was that the footpath would now be fenced off from the paddocks, ensuring the footpath would not be trampled by livestock. It was therefore no longer necessary to install a gate at point D, as the livestock would be separated from the footpath. The gate at point E would still be erected.

The following amendments were therefore reported to Committee:

Page 278: Points annotating the routes on the attached map

Page 279: The public footpath to be created by the proposed Order will be subject to the following limitations and conditions:

Page 280: The 'Other Particulars' column be amended to read:

"The only limitations on the section between SD 6083 2097 and SD 6091 2091 is the right of the owner of the soil to erect and maintain a gates that conforms to BS 5709:2018 at SD 6085 2097. and SD 6087 2095. The width between SD 6083 2097 and SD 6091 2091 is 2 metres."

Page 281: It is felt that, if the Order were to be confirmed, the new path or way will not be substantially less convenient to the public in consequence of the diversion because the new route is of similar length and gradient to the exiting footpath. It is proposed that there will be a two gates on the new footpath at the points where it crosses the field boundaries of two separate paddocks. The gates will conform to the British Standard for gates, gaps as stiles (BS 5709:2018) and as such will be easy to use.

Page 282: It is also advised that the needs of disabled people have been actively considered and as such, the proposal is compatible with the duty of the county council, as a Highway Authority, under The Equality Act 2010. The new route will be of adequate width, firm and well drained underfoot with no stiles. The two gates will conform to BS5709:2018.

Resolved:

(i)  That subject to no significantly adverse responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath Wheelton 19, from the route shown by a bold continuous line on the Committee plan and marked A-B, to the route shown by a bold broken line and marked A-C-D-E-F on the map.

(ii)  That in the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its confirmation.

(iii)  That provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion.

A report was presented on an application for an Order to be made under Section 119 of the Highways Act 1980, to divert part of Footpath Heapey 27, Chorley Borough. The length of the existing path to be diverted was shown by a bold continuous line and marked A-B-C on the Committee plan attached to the agenda papers, and the proposed new route was shown by a bold broken line and marked A-D-E-C.

The Committee noted that, if the diversion was successful, it would remove the footpath that crossed the open farmyard and the small field that was used for grazing and sorting livestock, assisting the applicants with their farm operations. It would also improve the privacy and security at the farm, removing the footpath from the open farmyard that included outbuildings, building materials storage, farm equipment and the parking area for vehicles.

It was reported that consultation with the statutory undertakers had taken place and that no objections or adverse comments on the proposal had been received.

Resolved:

(i)  That subject to no significantly adverse responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath Heapey 27, from the route shown by a bold continuous line and marked A-B-C to the route shown by a bold broken line and marked A-D-E-C on the Committee plan.

(ii)  That in the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its confirmation.

(iii)  That provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion.

A report was presented on an application for the addition of a Footpath from Footpath Ramsbottom 45 north of Strongstry Road along the dismantled railway to Stubbins Vale Road (U3623) at Stubbins Station and shown on the Committee plan attached to the agenda papers, between points A-B-C-D-E-F-G-H.

Legal Services had received last minute representations from the current owners of the land who objected to the application. The land owners representation letter was summarised and reported to the Committee by the legal officer, Kerry Hayes.

A site inspection had been carried out in February 2020.

It was reported that the application related to the addition of a footpath along the former track bed of the former East Lancashire Railway, which had opened in 1846. The railway between Ramsbottom and Accrington had ceased to operate in 1966 and the track bed had been removed in approximately 1970-1972. There had been no claim that the application route existed as a footpath prior to the closure of the railway and removal of the railway track. The application was based primarily on the submission of a substantial amount of user evidence. Map and documentary evidence confirmed the existence of the railway and the fact that the rails were still in situ until the early 1970s and the earliest OS map to show the railway as having been dismantled had been published in 1983 (having been revised in 1982).

It was reported that, in 1993, the company owning the land crossed by the application route had applied for planning permission to extend Stubbins Vale Mill which would have interfered with the railway embankment along which the application route ran. Unfortunately, most of the correspondence relating to the granting of planning permission could not be found but it appeared that there had already been use of the railway line by that time by the public, and that the company had acknowledged this use, agreed to it continuing, and appeared to have been responsible for the construction of wooden steps in diverting the original route to allow for their factory extension.

The Committee noted that, in summary, the available map, documentary and photographic evidence, together with the recollections of the route from the county council project officer looking at the creation of a cycleway along the route, supported the evidence of use submitted.

County Councillor Howarth requested updates on the progress of decisions taken by Regulatory Committee.

Resolved:

(i)  That the application for the addition of a footpath on the Definitive Map and Statement of Public Rights of Way along the dismantled railway at Stubbins Station, in accordance with File No. 804-614, be accepted.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Footpath from Footpath Ramsbottom 45 north of Strongstry Road along the dismantled railway to Stubbins Vale Road (U3623) at Stubbins Station on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-B-E-F-G.

(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 a bridleway to be added to the Definitive Map and Statement from Noyna Road to the junction with Footpath Foulridge 36 east of Noyna Hall and the upgrading to Bridleway of part of Footpath Foulridge 36 from east of Noyna Hall to Moss Houses Road, Foulridge, in accordance with File No. 804-609. The routes were shown marked A-B-C-D and D-E-F-G-H-I-J-K respectively on the Committee plan attached to the agenda papers.

A site inspection had been carried out in October 2019.

It was reported that there was insufficient documentary evidence of historical bridleway rights along the route. In addition, it was considered that equestrian use of the route was not representative of the public at large and therefore the evidence did not raise a presumption of dedication of a bridleway, and thus failed the statutory test. Furthermore, the actions of at least one landowner to prevent/discourage equestrian use and use having been by a limited section of the public concluded that the evidence also failed to satisfy the common law test.

Taking all the evidence into account, the Committee considered that it was reasonable to conclude, on the balance of probabilities, that the evidence was insufficient to show (i) that bridleway rights were reasonably alleged to subsist along the unrecorded section of the route (A-B-C-D) or (ii) that bridleway rights did subsist along the section that was currently recorded as a public footpath (D-E-F-G-H-I-J-K).

Resolved: That the application for a bridleway to be added to the Definitive Map and Statement from Noyna Road to the junction with Footpath Foulridge 36 east of Noyna Hall and the upgrading to bridleway of the footpath from east of Noyna Hall to Moss Houses Road, Foulridge, in accordance with File No. 804-609, be not accepted.

Approval is sought for the introduction of a Traffic Regulation Order along Liverpool Road, Penwortham to provide marked Bus Stop Clearways at four existing bus stop locations as shown in Appendix 'A'.

The purpose of this proposal is to improve facilities for users of the 2 and 2A bus route from Preston to Hutton and the 2 and 2A bus route from Hutton to Preston.  The markings will also enhance cyclist awareness of potential conflicts with stationary buses, improving safety.

Two objections have been received to the proposed bus stop clearways, one of which was withdrawn following correspondence with engineers. The remaining objection relates to delivery access and refuse collection.

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

The Public Transport team, after requests from local bus users, has identified a need for a new permanent bus stop and bus stop clearway on Stanhill Lane, Oswaldtwistle.

This report summarises the results of the formal advertising of the proposed bus stop clearways to which objections have been received.

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

Lancashire County Council has a legal obligation to publish a complaints and customer feedback report on social care statutory complaints on an annual basis. There are two statutory procedures, both different: one for children and young people's social care complaints and one for adult social care complaints.  The report is therefore divided into separate sections for both adult and children and young people's services. 

The Statutory Social Care annual report on complaints and customer feedback is set out at Appendix 'A'.

The Cabinet approved the recommendation(s) 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 a procurement exercise for the provision of Lancashire Enterprise Zone Commercial Agency Services.

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

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

Design work and the progression of the planning application has commenced for the Cottam Parkway railway station and new access road.  In order to maintain programme milestones and to ensure the scheme can be delivered, it is essential that the county council has possession of all the necessary land. Negotiations have commenced with landowners however, agreement may not be achievable in time or at all. Consequently, it may be necessary to use Compulsory Purchase powers available to the county council, in particular under the Highways Act 1980 and Town and Country Planning Act 1990, to acquire the land.

Additionally a Side Roads Order under the Highways Act 1980 will also be required to enable alterations to be made to the existing highways and private means of access. Other Schemes and Orders under the Highways Act will also be required to enable the construction of a bridge over the canal navigable waters.

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

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

Proposals have been developed to improve journeys for non-motorised road users between Ormskirk town centre and the nearby Edge Hill University. This includes an improved signal controlled junction of St Helens Road with Ruff Lane, designed to provide a safer and more convenient junction for cyclists and pedestrians.

This report summarises the results of the public consultation and formal advertising of the junction improvement proposals.

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

A report providing an update on the School Basic Needs Programme.

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

Phase 2 of the Transport Asset Management Plan started in April 2020 and runs until March 2025. Using the condition of the assets at the end of Phase 1, along with results of Lifecycle Modelling, the original Transport Asset Management Plan assumptions have been reviewed and have been used to produce revised standards and funding proposals for the period 2020/21 to 2024/25. This report sets out the revised standards and recommended approach for the apportionment of future highway funding. 

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.

The appointment of an Agreed Syllabus Conference to commence on the 16 December 2020 for the purpose of reviewing the Lancashire Agreed Syllabus for Religious Education.

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

Nationally there is a shortage of foster carers. The more foster carers Lancashire is able to recruit and retain, the more able we are to place Lancashire children with Lancashire foster carers. This not only results in a financial saving, but also allows our most vulnerable children to be cared for by foster carers assessed and supported by Lancashire County Council. This report sets out a strategy to support the recruitment and retention of foster carers in Lancashire County Council including:

(i) Support to Lancashire foster carers who are also employees of Lancashire 

County Council Fostering Wellbeing Activity Programme;

(ii) Retainer fees;

(iii) Word of mouth referrals;

(iv) Welcome recommendation for new applicants.

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

A report on COVID-19 Designated Settings.

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 as the requirement to deliver the strategic objectives measures as set out in this report has only recently become apparent.

The Leader of the County Council and the Cabinet Member for Adult Services approved the recommendation(s) as set out in the report.

A report on proposals for the implementation of Department of Health and Social Care led Mass Testing by Lateral Flow Device in the Lancashire County Council upper tier local authority area.

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 urgent timescales set by Government to commence the programme from 25 November 2020.

The Leader of the County Council and the Cabinet Member for Health and Wellbeing approved the recommendation(s) as set out in the report.

This report requests that the county council provide grant funding towards public realm improvement schemes, as requested separately by Pendle Borough Council and Rossendale Borough Council. The grants will facilitate important public realm improvement works and improve accessibility to the Town Centre areas. Both schemes will also enhance further investment opportunities and provide a catalyst for economic growth and regeneration.

The Leader of the County Council and the Deputy Leader and Cabinet Member for Highways and Transport approved the recommendation(s) as set out in the report.