Agenda and decisions

Members are asked to declare any interests in the items under consideration and in doing so state:

(1) the type of interest concerned either a

(a)   personal interest

(b)   prejudicial interest

(c)    disclosable pecuniary interest (DPI)

and

(2) the nature of the interest concerned

If any member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

The Chief Executive has agreed that a major incident should be declared for Blackpool Council under the Civil Contingencies Act 2004. The Executive is therefore asked to consider steps for the potential emergency delegation of powers to officers due to the developing Coronavirus pandemic. All executive power vests in the Leader as ‘senior executive member’ under section 9E Local Government Act 1972 and the Leader can authorise any executive member or officer to take decisions at any time. The Leader (or the Executive) can therefore delegate to the Chief Executive any decision – in an emergency or that is urgent or that would be necessary or expedient, or which would otherwise protect the Council’s interests that is an executive function.

The Executive agreed as an urgent decision, exempt from call in, the recommendations as outlined above namely:

1. To note, and support on behalf of the Council, that the Chief Executive has agreed that a major incident should be declared for Blackpool Council on the grounds that the definition of a major incident as laid out in the ‘Joint Emergency Services Interoperability Principles’ (JESIP) has been met along with the definition of an ‘Emergency’ as laid out under the Civil Contingencies Act 2004. 

2. Further to decision 1 to agree, as an emergency measure, to delegate all urgent Executive decision making to the Chief Executive or, in his absence or unavailability, the Director of Resources or in his absence or unavailability, any of the Council’s Directors, in relation to their areas of responsibility. This decision making to be in response to issues caused directly or indirectly from the Coronavirus pandemic and would protect citizens in regard to public safety. This delegation to be reviewed at the next formal Executive meeting, or if necessary by the Leader of the Council prior to the next Executive meeting (e.g. if a number of Chief Officers are indisposed).

3. In relation to decision 2 above that (should the need arise) exemptions apply to contract procedure rules, access to information procedure rules, exemption from the forward plan and call in. Such exemptions to be recorded in a suitable and proportionate manner.

4. To note that the Chief Executive and Leader of the Council (or if they are indisposed their senior representatives) will hold a weekly conference call with the three Opposition Group Leaders (Cllr Mrs Callow will have a dual role in this as Lead Scrutiny Member), to brief them on the current situation affecting the Council and any decisions taken or likely to be taken, seeking their views as appropriate.

5. To agree that delegated authority is given to the Director of Governance and Partnerships and Head of Democratic Governance to authorise applications for ward funding.

To consider the revised Executive/Scrutiny Protocol which has been approved by the Scrutiny Leadership Board. If endorsed by the Executive, the protocol will then be considered by the Council.

To endorse the revised Executive/Scrutiny Protocol attached at Appendix 2a, to the Executive report, and recommend to Council that the protocol be approved as part of the Constitution.

Blackpool Council and Lancashire County Council have been working together since May 2018 to design and develop the ‘Adoption Lancashire and Blackpool’ Regional Adoption Agency, with Lancashire being the Host Authority. The purpose of this report is to agree the final steps on behalf of Blackpool Council including confirmation of the pooled budget

The development of a site within Central Business District as a four star hotel and the provision of interconnecting Infrastructure between Blackpool North Station, the new Tram Stop, the new Hotel and Banks Street Car Park. This report updates decision EX59/2016.

The Executive agreed the recommendations as outlined above namely:

1.      To agree the additional forward funding required for the development of the hotel and infrastructure, on the basis of the Hotel earnings covering the Prudential Borrowing costs, including the acquisition and demolition cost detailed in EX24/2016 and EX59/2016.

2.      To delegate authority to the Chief Executive to vary the forward funding agreements with Muse for the construction of the Holiday Inn Hotel and underpass to reflect the additional cost and scope of the work.  

3.      To agree that the two decisions above update EX59/2016.  

To consider the disposal of land at Ryscar Way and Bispham Road in Blackpool and Blackpool Road in Poulton le Fylde.

The report and Appendices 5b, 5c and 5d are public. However Appendix 5a includes information that would however undermine the Council’s position in continuing negotiations so at the time of publication this document is not for publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

The Executive resolved as follows:

1. To agree that Appendix 5a, to the Executive report, summary of offers received for Ryscar Way is not for publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

2. To approve the disposal to Bidder A for land at Ryscar Way Blackpool and delegate contractual matters to the Director of Communication and Regeneration, subject to the completion of an appraisal as to the feasibility of the development of the land for social housing by one of the Council’s wholly owned companies.

3. To delegate authority for the use of land at Bispham Road Blackpool to the Director of Communications and Regeneration, after consultation with the Cabinet Member for Business Enterprise and Job Creation and the Cabinet Member for Housing and Welfare reform and subject to the completion of an appraisal as to the feasibility of development of the land for social housing by one of the Council’s wholly owned companies.

4. To delegate authority for the disposal of land at Blackpool Road, Poulton le Fylde to the Director of Communications and Regeneration, after consultation with the Cabinet Member for Business Enterprise and Job Creation.

5. To delegate to the Director of Communications and Regeneration to make any payments as necessary to the developers or for infrastructure works from the ring fenced grant funding received from the One Public Estate programme for the use on these three sites only.

6. To authorise the Head of Legal Services to prepare legal documentation and enter into appropriate documents as necessary to complete any transactions.

To consider a loan from the Council’s Business Loans Fund to Blackpool Airport Operations Limited.     

The Executive agreed the recommendations as outlined above namely:

1. To authorise the provision of a £1m business loan to Blackpool Airport Operations Limited (BAOL) over a 25 year repayment term towards essential capital investment at Blackpool airport.  

2. To provide authority for the Head of Legal Services to prepare legal documentation for the loan facility.

3. To delegate authority to the Chief Executive and the Business Loans Panel to finalise any legal conditions.

(This item to be considered in private by virtue of Paragraph 3 of Schedule 12a of the Local Government Act 1972 as the report contains information relating to the financial or business affairs of any particular person (including the authority holding that information))

It is considered on balance that the public interest would not be served by publishing the information as it could prejudice the applicant’s proposed investment.

Notification has been given on the 10 February 2020 that this item was to be considered in private and no representations have been received in response to this notification.

The Executive resolved as follows:

1. That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the Executive meeting during consideration of this item and decision on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person.

2. To authorise in principal the provision of business loan and the changes to the previously approved loans in the terms as outlined in the exempt report to the Executive.  

3. To delegate authority to the Chief Executive after consultation with Officers on the Business Loans Panel and completing due diligence to finalise specific terms of the loan including appropriate interest rate, repayment conditions and legal conditions, plus any related fees to be applied.

4. To authorise the Head of Legal Services to ensure that the appropriate legal documentation for the loan facility and associated security charges are put in place.

To receive the financial performance monitoring for the period ending 31 January 2020.

The Executive agreed the recommendations as outlined above namely:

1.         To note the report.  

2.         To continue to lobby Government (HM Treasury, Ministry of Housing, Communities and Local Government and the Department for Education in particular) along with local authority peers, the Local Government Association and the Association of Directors of Children’s Services for significantly more funding to cope with the soaring demand and new burdens presenting in Children’s Services.

3.         To agree that the Growth and Prosperity overspend is to be funded from Earmarked Reserves in 2019/20 and recovered in 2020/21 under the ‘Cash Limited Budgeting’ regime.

4.         To require the respective directors and Director of Resources to continue to closely monitor and manage service financial and operational performances, specifically Children’s Services but also Growth and Prosperity, Strategic Leisure Assets, Concessionary Fares and Parking Services.