39 w.e.18.7.2008 Executive Decisions
EXECUTIVE DECISION NOTICE
CABINET
A record of the decisions made at the meeting of the Cabinet held on Wednesday, 16 July 2008, at 10.00 a.m.
Present
Councillors
Brendan Jameson (Leader and Promoting South Lakeland Portfolio Holder) (Chairman)
Brenda Gray Housing and Development Portfolio Holder Andy Shine Deputy Leader and Policy, Performance and Resources Portfolio Holder Hilary Stephenson Central Services Portfolio Holder Peter Thornton Communities and Well Being Portfolio Holder Graham Vincent Economic Prosperity and Transport
An apology for absence was received from Councillor Brenda Woof (Environment and Sustainability Portfolio Holder).
Also in attendance at the meeting were Councillors James Airey, Tom Harvey, Colin Hodgson, Janette Jenkinson and Mark Wilson.
In addition, Peter Thomas, Chief Executive of South Lakes Housing, was present for the item on South Lakes Housing – Best Value Inspection Outcome.
Officers
Inge Booth Democratic Services Officer Scott Burns Culture and Economy Manager (part) Dave Conlin Head of Commercial and Technical Services (part) Lawrence Conway Strategic Director (Customer Services) Ian Elleray Community and Housing Manager (part) Jack Jones Strategic Director (Resources) Alastair McNeill Senior Development Plans Officer (part) Sheila Meades Communications Manager Keith Moore Customer Services Manager (part) Matthew Neal Principal Solicitor (part) Steve Ottewell Interim Development Plans Manager (part) Peter Ridgway Chief Executive Debbie Storr Executive Director (Central Services) David Sykes Head of Regeneration and Housing Services Sandra Walbran Corporate Change Manager/Head of Strategy and Performance Services 40 w.e.18.7.2008 Executive Decisions
EX/044 PRESENTATION ON PROPOSALS FOR RUNNING THE TROUTBECK BRIDGE SWIMMING POOL
Messrs Tom Dodd, Viv Dodd, Rod Huffman and Sean Thornton from Lakeland Initiative for Fitness and Excellence (LIFE), which had been formed as a non-profit making charitable organisation in April 2008, made a presentation to the Cabinet on proposals for running the Troutbeck Bridge Swimming Pool.
Since LIFE had become responsible for the pool, it had concentrated on seven elements:-
• stabilisation of the existing complex; • developing relations with the Lakes School; • sowing the seeds with other key players; • sourcing funding; • developing the management structure; • initial proposals for the long term development of the Troutbeck Bridge Sports Village; and • early thoughts on a marketing strategy for both the short and the long term proposals.
LIFE believed that it could assist in delivering the Council’s Sports Action Plan through the delivery of a facility, which would form an integral part of the community as well as a first class facility for Cumbria.
In addition, copies of a Life Newsletter and a leaflet on the re-launch of the facility were circulated.
A summary of the presentation is available on the Democratic Services file.
STANDING ITEMS/MONITORING REPORTS
EX/045 EXECUTIVE DECISION NOTICES
RESOLVED – That the Chairman be authorised to sign, as correct records, the Executive Decisions made during the weeks ending 30 May, and 13 and 27 June 2008.
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EX/046 DECLARATIONS OF INTEREST
RESOLVED – That it be noted that Councillor Peter Thornton declared an interest in EX/077.
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EX/047 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS
RESOLVED – That the items in Part II of the Agenda be dealt with following the exclusion of the press and public.
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PUBLIC PARTICIPATION
EX/048 Questions and Representations
Two representations were made in respect of the Part II item on Disposal of Council- Owned Land at North Lonsdale Road, Ulverston.
On behalf of local residents, Councillor Mark Wilson advised the Cabinet that a lot of concerns had been raised at a recent public meeting. The concerns related to the speed of the introduction, whether the proposals were based on impending legislation and the method of plan forming. Councillor Wilson referred to community involvement and to the fact that residents of Ulverston East were stakeholders. He highlighted issues relating to flooding within the area, the current, poor condition of roads and the possible loss of community space. He also drew attention to the need to ensure that residents were kept informed of the situation. A full copy of Councillor Wilson’s submission is available on the Democratic Services file.
Mr Geoff Dellow addressed the Cabinet with similar concerns. He drew attention in particular to the Ulverston Canal Masterplan which, he felt, the people of Ulverston were under the impression had already been adopted by the Council. He did not wish to see the loss of agricultural land, which would be required in future for growing food crops and not for the siting of businesses. He felt that Glaxo should be encouraged to release commercial land. In closing, Mr Dellow drew attention to a quote from the Core Strategy that “a masterplan has been produced and adopted following public consultation.” He was of the opinion that the Council was not taking notice of this. A full copy of Mr Dellow’s submission is available on the Democratic Services file.
RESOLVED – That the representations from Councillor Mark Wilson and Mr Geoff Dellow be noted.
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EX/049 Deputations and Petitions
RESOLVED – That it be noted that no deputations or petitions had been received.
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EX/050 PROGRESS REPORT
Consideration was given to a report detailing progress in relation to Executive Decisions as at 8 July 2008.
Particular reference was made to the following items:-
• EX/226 (Termination of Management Agreement at Westmorland Shopping Centre Car Park) – The Principal Solicitor confirmed that the transfer had taken place on 4 July 2008. Members felt that this was a real move forward for the Council. 42 w.e.18.7.2008 Executive Decisions
• EX/344 (Community Services Overview and Scrutiny Committee Climate Change Report) – The Strategic Director (Customer Services) advised that the Portfolio Holder was due to report to the Overview and Scrutiny Committee in October 2008.
RESOLVED – That the report be received.
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EX/051 CORPORATE STRATEGY AND PERFORMANCE GROUP
RESOLVED – That the notes of the meeting of the Corporate Strategy and Performance Group held on 11 June 2008 be received.
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EX/052 PROPERTY ADVISORY GROUP
RESOLVED – That the notes of the meetings of the Property Advisory Group held on 13 March and 15 May 2008 be received.
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EX/053 SOUTH LAKELAND DISTRICT COUNCIL HEALTH AND SAFETY COMMITTEE
A query was raised in relation to the publication of the notes of both the Property Advisory Group and the South Lakeland District Council Health and Safety Committee and the Executive Director (Central Services) undertook to look into the matter.
RESOLVED – That the notes of the meeting of the South Lakeland District Council Health and Safety Committee held on 19 May 2008 be received.
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EX/054 FORWARD PLAN
RESOLVED – That the contents of the Forward Plan covering the period 1 August to 30 November 2008 be noted.
* * * * * * * * * * * * KEY DECISIONS EX/055 COMMON LAND AT NEW ROAD, KENDAL (KD08/023/Sev) Summary The Leader drew attention to a previously-circulated letter of comment from Mr Ian Royle, a copy of which is available on the Democratic Services file. A detailed report outlining the history relating to common land at New Road, Kendal, was presented. The car park on the land was regarded as an eyesore and left the Council exposed to risks of health and safety issues, as well as criticism that the site was not kept in a condition and used in keeping with its status and location. The report also outlined the potential of an alternative Council-owned site at Aikrigg/Parkside Road, Kendal, for registration as common land. 43 w.e.18.7.2008 Executive Decisions
Councillor Graham Vincent advised the Cabinet that he had received correspondence relating to objections from members of the public. As a result, he wished to make changes to the recommendations contained within the report in order to take into account those comments, by making arrangements for a consultation exercise to be carried out on the proposals.
Decision
RESOLVED – That
(1) the Executive Director (Central Services) be authorised to commence a consultation exercise with relevant stakeholders in relation to the proposal to make an application under the Commons Act 2006 to de- register the site as common land by substitution of land at Aikrigg/Parkside Road, Kendal;
(2) the Executive Director (Central Services) shall report back to Cabinet in relation to the results of the consultation exercise; and
(3) Norfolk Property Services be instructed to undertake day-to-day management of the site within the existing service level agreement.
Reasons for Decision
This decision links to the Council’s Corporate Plan - Prosperous Communities - Priority (3) our towns become vibrant centres for enhancing employment, local services, retail and community facilities; Priority (7) Communities development priorities delivered. The matter is also relevant to Healthy Communities - Priority (11) Quality of Life is enhanced through improved access and participation in cultural, sporting and leisure activities.
Alternative Options Considered and Rejected
To take no action. This is not recommended for the reasons referred to under the report heading of Risk Management and because the site would continue to be an eyesore.
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EX/056 YEWBARROW DEPOT, GRANGE-OVER-SANDS (KD08/024/H&D)
Summary
The Council-owned Yewbarrow Depot adjoined Yewbarrow Flats, situate off Main Street, Grange over Sands. For the past 11 years it had been occupied under the grounds maintenance contract. It was now considered to be below expected standards, particularly from a Health and Safety perspective, and, being in need of significant updating, would no longer be required as a depot from April 2009. Land fronting Yewbarrow Flats, let on a terminable garden tenancy, was to be included in the disposal to provide parking spaces.
The Community and Housing Manager had indicated that a proposed scheme of three units would provide a small but valuable contribution to meeting the need for 75 affordable homes as evidenced in the 2006 South Lakeland Housing Needs and Market Assessment. 44 w.e.18.7.2008 Executive Decisions
Objections had been raised by the two Ward Members and the Town Council to the sale unless a suitable replacement was found on the basis that the removal of the depot from the Grounds Maintenance Contract would mean that valuable car parking spaces in the town might be used up for this purpose. The Parks Manager had pointed out that the Council did not provide for staff parking in its current contract, that the Council was not obliged to provide depot facilities at any particular location and currently did not provide depot facilities in Kendal or Windermere. If required to provide storage there could be accommodation at Grange Cemetery.
The Planning Officer supported the principle of affordable housing on the site, which is not recommended for employment use due to access difficulties and proximity of surrounding residential properties. Once planning consent was obtained, a bid would be made to the Housing Corporation for capital funding.
Site investigations had yet to be undertaken. If the costs of remediation and other abnormal expenses exceeded the site value, a contribution from the Council’s Site Assembly Fund could be required to achieve this affordable development.
In terms of the objections which had been received, the Strategic Director (Customer Services) drew attention to other pieces of land within the area which could be used in relation to car parking and storage in relation to the grounds maintenance contract. He also referred to an opportunity for a joint grounds maintenance contract with Barrow Borough Council which could mean that the site would no longer be required next year.
Councillor Tom Harvey confirmed that his main concern had been with regard to the provision of parking and storage.
Decision
RESOLVED – That, in principle:-
(1) the Horticultural Depot and adjacent land for parking at Yewbarrow Depot, Grange-over-Sands, be declared as surplus to Council requirements; and
(2) the site be made available, from April 2009, for disposal to a Registered Social Landlord partner for affordable housing development on the Council’s standard scheme, in accordance with Priority 1 of the Corporate Plan, subject to the further approval of the detailed terms and conditions following negotiation and subject to planning consent being obtained.
Reasons for Decision
• This decision links to the Council’s Corporate Plan and Housing to Meet Local Needs – Homes to meet local needs in accordance with the Cumbria Housing Strategy (Priority 1). Contribution to the target of 430 public-funded affordable homes in the period 2006 to 2011.
• In addition, the decision links to the Corporate Property Strategy 2006 – Action Plan – Recommendation 7 – continue to apply tests to potentially surplus properties to determine relevance and need in relation to service provision. 45 w.e.18.7.2008 Executive Decisions
Alternative Options Considered and Rejected
To not sell the land – not preferred as this will not meet the affordable homes targets.
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REFERRALS TO COUNCIL
EX/057 IPATH AND HOUSING LAND SUPPLY
Summary
On 27 March 2007, Council had approved proposed changes to the Interim Planning Approach to Housing Development (IPATH) and the accompanying IPATH Companion Guide to Implementation as a pilot scheme, to be reviewed by Overview and Scrutiny after 12 months, with a report back to full Council by the end of March 2008 (Minute C/194 refers).
Members were provided with an update on the implementation of IPATH since its adoption. The report proposed that there was no review of IPATH at this point in time but that flexibility over the requirements was clarified and confirmed.
The report also dealt with the issue of housing land supply in the wake of the new housing requirement to be introduced by the Regional Spatial Strategy later in the summer. Local Planning Authorities were required to demonstrate a five year land supply at all times which South Lakeland District Council would not have when the new figures came in. The report recommended a way forward to address the issue.
The report further dealt with the issue of barn conversions and reviews the current position where Local Plan Policy H12 dealing with conversion of buildings outside development boundaries was suspended. It recommended that the policy was reinstated, but with limitations.
The report finally introduced revised affordable housing prices for low cost ownership in South Lakeland for 2008-09.
The report had been considered and supported by Planning Committee on 29 May 2008 and by the Council’s Housing Provision Advisory Group (HPAG) on 6 June 2008. HPAG had recommended that the report clarify, for avoidance of doubt, that affordable dwellings required by IPATH were also for local occupancy (based on groups of parishes).
The Chief Executive highlighted that IPATH was a response to a District problem which was testing regional government resolve on how to proceed and advised that there would be critics at Government Office North West (GONW). The Leader added that he had recently attended the last meeting of the North West Regional Assembly and the launch of the new Board and advised that there was some sympathy with regard to the housing problems in the north west and, particularly, South Lakeland.
Councillor James Airey pointed out that part of Cowan Bridge was in the Lancaster City Council area. The Senior Development Plans Officer undertook to address the discrepancy in Recommendation (2) of the report. 46 w.e.18.7.2008 Executive Decisions
Decision
RESOLVED – That Council be recommended to:-
(1) confirm the revised IPATH (March 2007) without change but clarify that there is flexibility to reduce the 50% affordable housing requirement in accordance with independently assessed evidence, and after other areas of flexibility provided for in IPATH have been explored;
(2) approve an amendment to IPATH Companion Guide to extend the relevant geographic area applied to the definition of local occupancy to include those parishes in Craven District, in North Yorkshire, which relate to Ingleton, Cowan Bridge and Burton in Lonsdale, namely Thornton in Lonsdale, Burton in Lonsdale and Ingleton parishes;
(3) confirm the following measures to improve the short term supply of housing sites:-
• clarify that within existing development boundaries proposals for residential development on any site (including greenfield sites) will in principle be considered favourably where it accords with current policy in IPATH and subject to acceptable detailed matters;
• publicise the Strategic Housing Land Availability Assessment (SHLAA) when completed to the housebuilding industry and landowners to encourage owners and developers to bring forward sites (greenfield and brownfield), identified within existing development boundaries as having potential for residential development; and
• consider proposals for residential development outside but adjacent to existing development boundaries in the five key service centres where the proposals include 50% affordable housing with the remainder 50% being for local occupancy;
(4) reinstate the application of South Lakeland Local Plan Policy H12 – Conversion of Buildings outside Development Boundaries, subject to the limitations detailed in paragraph 73 of Appendix A to the report; and
(5) approve the revised affordable housing prices for low cost home ownership in South Lakeland for 2008/9, as set out in Appendix F to the report.
Reasons for Decision
• IPATH is identified as a delivery method for the Council’s priority theme ‘Housing to Meet Local Needs’ in the Corporate Plan (2007 – 10). IPATH and the proposed actions with regards to housing land supply will contribute in meeting the key target of achieving privately funded affordable homes between April 2006 and 2011. In April 2007 Cabinet increased this five-year target from 160 to 500 affordable dwellings. 47 w.e.18.7.2008 Executive Decisions
• IPATH and the proposed actions with regards to housing land supply will contribute to achieving Key Target 1 of the draft Cumbria Housing Strategy, which proposed 160 privately funded affordable homes provided in South Lakeland through the planning system over a five-year period to 2011. Cabinet had set a target of 500 privately funded affordable homes up to 2011, however Cabinet agreed in April 2008 that it be reduced to 280.
Alternative Options Considered and Rejected
• Not confirm IPATH and instead apply Structure Plan policies direct in the determination of planning applications. Since Structure Plan policies are strategic they lack the detailed guidance provided by IPATH for the effective private sector delivery of affordable housing through the Development Control function. Without IPATH there is a risk to the Council’s ability to deliver the step change in housing provision necessary to meet the scale of the problem identified in the Housing Needs Assessment.
• Review IPATH's requirements. This would require staff time to undertake it including carrying out full public consultation on any proposed changes. This would delay the timetable for preparing the LDF and in particular the Core Strategy that is the more appropriate vehicle for review of IPATH policy.
• Not address the anticipated lack of a five-year housing land supply until the adoption of the Allocations of Land Development Plan Document in the LDF. This will have a negative impact on the Council’s ability to assist in the delivery of housing especially affordable and local occupancy housing in the District. It will also have a negative impact on the Council’s performance with regards to BVPIs/NIs.
• Not reinstate Local Plan Policy 12 or reinstate the policy without any limitations. These options will not maximise the opportunity for the use of vacant rural building for affordable and local occupancy housing in rural parishes. In the south and east most developments will fall outside the IPATH threshold of four dwellings and therefore will not require any affordable housing albeit in the south and east of the district the developments will be limited to local occupancy housing. In the west, most developments will fall outside the Structure Plan threshold of ten dwellings and no local occupancy is required.
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EX/058 FINANCIAL SUPPORT FOR TROUTBECK BRIDGE SWIMMING POOL
Summary
Councillor Peter Thornton expressed thanks to the Head of Regeneration and Housing Services for work carried out in relation to the subject.
Members gave consideration to a report on two aspects of the Council’s financial support for the Troutbeck Bridge Swimming Pool. Firstly, it considered a request from Lakeland Initiative for Fitness and Excellence Limited (LIFE), the new operators of the pool, for financial assistance. Secondly, it dealt with the treatment of a Council loan to the previous operators of the pool. 48 w.e.18.7.2008 Executive Decisions
Note - Background information relating to the business affairs of the organisations involved was set out in an additional report which was excluded from inspection by members of the public. In accordance with Section 100(B) of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, and, in all the circumstances of the case, it was considered that the public interest in maintaining the exception outweighed the public interest in disclosing it. Copies of the report were excluded, as it contained information at described in Schedule 12A of the Act as follows:-
- Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3)
Reference was made to the commendable presentation which had been made by LIFE at the beginning of the meeting.
Councillor Andy Shine drew attention to Recommendation (2) in the report regarding use of the LABGI reserve to provide financial assistance. This fund had recently been set up with the particular aim of giving priority to projects that directly contributed to priority objectives, with a preference for Economic Regeneration and Councillor Shine did not believe that this was an appropriate source for funding this particular grant when an alternative was available. He was of the opinion that that use should be made of the underspending from the 2007/08 budget, which ha been identified since the report had been formulated.
Councillor Thornton confirmed that there was a difference in the circumstances which had been faced at Berners Pool in Grange-over-Sands, mainly due to the strategic position of Troutbeck Bridge Pool in the north of the area and the facts that the pool had never completely closed down and the building was in a decent state of repair.
Decision RESOLVED – That Council be recommended to:- (1) agree in principle to provide financial assistance to a maximum of £104,000 to LIFE for the purposes of supporting them in the operation and development of the Troutbeck Pool; (2) agree that the financial assistance be funded in the sum of £80,000 from the use of the 2007/08 budget underspending retained in the General Fund Working Balance and £24,000 from the General Fund Grants budget (GGV31), staged over a period of three financial years, 2008/09 to 2010/11 as described in the financial section of the report; (3) agree that the Head of Regeneration and Housing Services, in consultation with the Communities and Wellbeing Portfolio Holder, be authorised to review the business case produced by LIFE and, if satisfied, to negotiate and conclude a detailed funding offer that links the staged release of financial assistance with the achievement of appropriate milestones and performance; (4) at the end of the second year of the agreement, review the need for ongoing annual revenue support for the period following the three year agreement; and (5) confirm the writing-off of the existing loan of £60,000 to the previous operators of the Pool. 49 w.e.18.7.2008 Executive Decisions
Reasons for Decision
To assist in the delivery of the Council’s Corporate Plan Priority Outcome: Quality of Life is enhanced through improved access and participation in cultural, sporting and leisure activities (Priority 11) - Implement programmes to increase participation in Sport and physical activity including investigating opportunities for South Lakeland from the 2012 Olympics.
Alternative Options Considered and Rejected
• Do not offer financial support – This option would sever the historic funding association between the Council and the Troutbeck Pool. It would likely result in the closure of the facility due to the loss of income and the increased risks of other investors failing to invest, should the District Council decide not to invest. (the District Council’s investment is likely to be pivotal to other investors’ decisions). There is a possibility that an alternative funding strategy would be developed by LIFE but it would be unlikely to deliver the benefits of the original proposals and would place the immediate operation of the pool at severe risk as alternative strategies are developed and implemented. This option was not recommended.
• Support the new arrangement within existing levels of grant only – This option would fail to acknowledge LIFE’s requirement for an injection of funding, with front end loading, to address the immediacy of achieving operational stability. There will be similar impacts to those described in the paragraph above. This option was not recommended.
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EX/059 CREATION OF ADDITIONAL PROJECT DELIVERY CAPACITY, CULTURE AND ECONOMY GROUP
Summary
Members considered a proposal to increase the capacity of the Culture and Economy Group in order to deliver projects in accordance with the Council’s priorities, primarily those relating to the Prosperous Communities theme. The proposal was for a fixed term appointment of a project officer, funded through the LABGI reserve.
Attention was drawn to the fact that the projects to be carried out would cover the whole District. In addition, it was pointed out that this one-off payment was appropriate use of the LABGI reserve.
Decision
RESOLVED – That
(1) subject to Council’s consideration of the funding arrangement, the appointment of a fixed term project officer to enable delivery of priority projects, be approved; and
(2) Council be recommended to approve the use of up to £99,500 from the LABGI reserve to fund the fixed term project officer over a period of three years. 50 w.e.18.7.2008 Executive Decisions
Reasons for Decision
• To assist in the delivery of the Council’s Corporate Plan - Prosperous Communities – Priorities 2 and 3 and Healthy Communities.
• In addition, the decision has links with the Cumbria Economic Plan and the Regional Economic Strategy.
Alternative Options Considered and Rejected
Not to proceed – Project development and implementation will remain very constrained and frustrate the delivery of outcomes sought by the Council. The Council’s capacity to engage with project initiatives of other organisations will remain constrained. This option is not recommended.
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GENERAL EXECUTIVE MATTERS
FINAL ACCOUNTS 2007/08: OUTTURN EXPENDITURE
EX/060 General Fund Services
Summary
After allowing for slippage of underspent estimates into 2008/09, General Fund services showed an underspending of £379,500. In addition, higher interest rates and invested amounts had produced £112,600 extra income. Cabinet had previously agreed that unbudgeted grant of £410,700 from the Local Authorities Business Growth Incentive (LABGI) scheme should be transferred to a new reserve together with unused sums from earlier distributions.
Following other adjustments to reserves transfers, a residual amount of £170,000 would be retained in the working balance. The underspending was being analysed for trends to determine whether there were any implications for the Medium Term Financial Plan forecast that the Council faced substantial budget deficits in the future.
Councillor Andy Shine expressed thanks to the Finance Team for the timely production and the accuracy of the accounts, which was due to close monitoring and the provision of assistance to Heads of Service.
Decision
RESOLVED – That the report be received.
Reasons for Decision
The report was for information purposes.
Alternative Options Considered and Rejected
Not applicable.
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EX/061 Housing Revenue Account
Summary
There had been a small underspending of £1,900 on the Housing Revenue Account during 2007/08 which had resulted in a working balance at 31 March 2008 of £321,800. This was still below the desirable minimum working balance of £600,000; the 2008/09 Budget planned to increase it to £550,000.
Councillor Andy Shine congratulated all involved.
Decision
RESOLVED – That the report be received.
Reasons for Decision
The report was for information purposes.
Alternative Options Considered and Rejected
Not applicable.
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EX/062 Capital Expenditure
Summary
The Capital Programme had been underspent by £948,200 in 2007/08. The main items of underspending would slip into 2008/09. Capital receipts were £219,300 lower than anticipated.
Decision
RESOLVED – That the report be received.
Reasons for Decision
The report was for information purposes.
Alternative Options Considered and Rejected
Not applicable.
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EX/063 Members’ Allowances
Summary
Details of allowances paid to Members were reported prior to their publication in the press. The total of £286,874 had been paid in 2007/08 compared with £277,238 in the previous year. 52 w.e.18.7.2008 Executive Decisions
Decision
RESOLVED – That the report be received.
Reasons for Decision
The report was for information purposes.
Alternative Options Considered and Rejected
Not applicable.
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EX/064 LOCAL AREA AGREEMENT
Summary
Members were presented with the final Local Area Agreement (LAA) for Cumbria which had been submitted to Government Office North West by the Cumbria Strategic Partnership. This document provided a Framework for delivery of agreed Priority Outcomes for Cumbria. Its development had been influenced by the Sustainable Community Strategies produced in the districts of Cumbria.
The Chief Executive highlighted the importance of the LAA and the need for all to embrace and influence it.
Decision
RESOLVED – That the final Local Area Agreement for Cumbria, as attached to the report and submitted to Government Office North West by the Cumbria Strategic Partnership be endorsed.
Reasons for Decision
The production of a Local Area Agreement for Cumbria is required by Government.
Alternative Options Considered and Rejected
None – See reasons for decision (above).
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EX/065 SOUTH LAKES HOUSING – BEST VALUE INSPECTION OUTCOME
Summary
The Cabinet was informed that the Audit Commission report on the recent Best Value Inspection of South Lakes Housing had been published on 19 June 2008. The report had stated that South Lakes Housing provided a good (2 Star) service, with excellent prospects for improvement.
South Lakes Housing had produced a draft Action Plan to deal with the recommendations contained within the report. Council officers had been involved with formulating the actions and had endorsed them, with the exception of Recommendation 8 concerning existing leases. 53 w.e.18.7.2008 Executive Decisions
The Cabinet congratulated South Lakes Housing and its staff, as well as District Council officers, on their hard work in achieving 2 Star status. Members were pleased to note that the strong working relationship between the two organisations had been recognised within the Inspection and wished to ensure that this successful partnership continued.
Robin Brown, who later in the meeting would be confirmed as one of the Council’s representatives on the Board of South Lakes Housing, was asked to convey the Cabinet’s thanks to the Board.
Decision
RESOLVED – That
(1) the outcome of the South Lakes Housing Best Value Inspection be noted;
(2) the Cabinet thanks the Board and staff of South Lakes Housing and the staff of the Community and Housing Group for their achievement; and
(3) the actions for the Council contained within the Action Plan be approved, except for the part of Recommendation 8 which refers to varying the terms of existing leases with regard to anti-social behaviour, as implementation of this recommendation would not deliver value for money.
Reasons for Decision
• This decision links to the Council’s Corporate Value of seeking continuous improvement and the top Priority Outcome of Homes to Meet Need.
• The decision also links to the Cumbria Housing Strategy 2006-11.
Alternative Options Considered and Rejected
To pursue Recommendation 8 in relation to existing leases. This was not recommended as it was considered not to constitute value for money.
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EX/066 STATEMENT OF INTENT FOR REGENERATION IN CUMBRIA
Summary
The North West Regional Development Agency (NWDA), Cumbria County Council (CCC) and Cumbria Vision (CV) had jointly issued a statement of intent for regeneration in Cumbria. The statement proposed a reorganisation of county-wide arrangements for the prioritisation and delivery of regeneration activities. The intention was to establish a system through which the NWDA would be able to increasingly delegate decisions over regional investment to Cumbria. There were implications for this Council to consider in terms of how the needs and interests of the South Lakeland area would be represented and how the Council might contribute resources to the establishment of a new delivery structure. 54 w.e.18.7.2008 Executive Decisions
The Leader drew attention to South Lakeland District Council’s entitlement to a seat on the Barrow and Furness Regeneration Task Force to which Councillor Graham Vincent had been nominated.
Decision
RESOLVED – That
(1) support for the ‘Key Principles’ presented in the Statement of Intent for Regeneration In Cumbria be agreed in principle;
(2) the Council’s in principle support be conveyed to Cumbria Vision, Cumbria County Council and the North West Development Agency, including the issues the Council will seek to be addressed in the further development of proposals; and
(3) officers be authorised to work with the relevant parties and agencies to develop proposals for the East and South Cumbria leadership board and delivery structure.
Reasons for Decision
• The decision links to the following Priorities of the Council’s Corporate Plan:-
o Economic growth achieved and incomes increased through development of key business sectors (Priority 2) - Work jointly with Eden District Council to influence the Cumbria Economic Plan.
o Our towns become vibrant centres for enhancing employment, local services, retail and community facilities (Priority 3) - Co-ordinate delivery and sustainability of Action Plans for major regeneration projects in Kendal, Grange, Ulverston, Windermere and the Lakes.
o Stronger communities as a result of increased community involvement in the design, delivery of, and access to, high quality local services (Priority 6) Develop partnerships and shared services to benefit communities.
• In addition, the decision has links with the following:-
o The Regional Economic Strategy
o Cumbria Economic Plan
Alternative Options Considered and Rejected
An option would be to not support the principles and not engage with the Statement of Intent. This would leave the District at risk of isolation from strategy and funding programmes. This option was not recommended.
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EX/067 SLDC COMPLAINT POLICY/PROCEDURE
Summary
At present, the Council did not have a published agreed policy for the handling of complaints. Members were presented with a document entitled Complaints, Compliments and Comments Management Policy and Procedures which had been written to address this situation. It was intended that, when agreed, the policy would be widely published, to inform the public, members and officers about how complaints were handled within the Authority.
It was also the intention to generate reports about complaints so that the information could be used to improve service design and delivery and thereby improve customer satisfaction.
Councillor Hilary Stephenson commended the Customer Services Manager and the Policy Officer (Strategy and Performance) for the well-written and accessible Policy.
Decision
RESOLVED – That the policy and procedure document, Complaints, Compliments and Comments Management Policy and Procedures, attached at Appendix A to the report be approved.
Reasons for Decision
• The policy is cross-cutting and will contribute to the Council’s Corporate Plan through Delivering Excellent Services.
• The decision also links to the Customer Access Strategy.
Alternative Options Considered and Rejected
Not applicable.
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EX/068 APPOINTMENT OF REPRESENTATIVES TO THE CUMBRIA HEALTH AND WELL-BEING SCRUTINY COMMITTEE FOR 2008/09
Summary
Cabinet was requested to consider nominations from the Community Services Overview and Scrutiny Committee for co-option on to the Cumbria Health and Well- being Scrutiny Committee.
Decision
RESOLVED – That the Members nominated by the Community Services Overview and Scrutiny Committee, Councillors David Vatcher and Janette Jenkinson (substitute), be appointed to serve as the Council’s representatives on the Cumbria Health and Well-being Scrutiny Committee for 2008/09. 56 w.e.18.7.2008 Executive Decisions
Reasons for Decision
• Healthy Communities is one of the four priorities in the Council’s Corporate Plan 2008-2011.
• The decision also has links with:-
o The Community Strategy for South Lakeland 2004-2024 “A Vision for Health”
o The Cumbria Local Area Agreement “Healthy Communities and Older People”
Alternative Options Considered and Rejected
That Cabinet does not agree to appoint the nominees from the Community Services Overview and Scrutiny Committee.
* * * * * * * * * * * *
EX/069 APPOINTMENTS TO OUTSIDE BODIES
Summary
Further to EX/017 (2008/09), Cabinet was asked to consider a second nomination to the Cumbria County Council Local Committee for South Lakeland and two nominations to South Lakes Housing (to October 2011).
Decision
RESOLVED – That the following appointments of representatives to outside bodies be made:-
(1) Councillor Jane Carson - Cumbria County Council Local Committee for South Lakeland; and
(2) Councillor Peter Woof and Robin Brown - South Lakes Housing (to October 2011).
Reasons for Decision
• The Council is required to make appointments to these outside bodies.
• The decision will assist in the delivery of the Council’s Corporate Plan through Working in Partnership.
Alternative Options Considered and Rejected
Not to make appointments, which could affect the Council's ability to influence partners on important strategic issues.
* * * * * * * * * * * * 57 w.e.18.7.2008 Executive Decisions
Note –
Although the following item of business had been tabled on the Agenda as being an item for which the press and public should be excluded, the Cabinet felt that as much of the discussion as possible should be held in the presence of the press and public.
During consideration of the item (and for EX/072), Councillor Janette Jenkinson declared a personal interest by virtue of the fact that she was a Member of the Market Towns Initiative.
EX/070 DISPOSAL OF COUNCIL-OWNED LAND AT NORTH LONSDALE ROAD, ULVERSTON (KD08/019/PP&R))
Summary
The Leader drew attention to a previously-circulated letter of concern from Mr and Mrs Rigg, a copy of which is available on the Democratic Services file. In addition, he advised that he had been handed several letters of objection from local residents, copies of which are available on the Democratic Services file.
Through the Council’s employment land studies and since the publication of the Ulverston Canal Masterplan, it had become clear that there was a pressing requirement to bring forward employment land in Ulverston. This was primarily to enable existing companies to expand in to modern purpose built premises, creating and retaining higher value manufacturing employment. Member and officer meetings with local companies had demonstrated the urgency with which sites needed to come forward.
Following the recent sale of Phase 2 at Low Mill Business Park, North Lonsdale Road represented the only South Lakeland District Council site available which could be brought to the market in a reasonable time period and which would contribute significantly to addressing this requirement.
The Head of Regeneration and Housing Services acknowledged objections and comments which had been received from local residents. The Council had, since the publication of a planning brief in 1995, considered the site suitable for predominantly employment use, together with providing some amenity for local residents. This was reinforced in the Canal Masterplan and the Council’s recent consultation on the Local Development Framework Core Strategy, Preferred Options report. Today’s decision sought an in principle decision to market test the site for “predominantly” employment land and the report indicated that more work had yet to be carried out. Any approval today would not remove the need for any proposed development to seek and obtain planning permission in the future. Concerns over potential disturbance, traffic issues, drainage and flooding issues would be fully addressed through the planning process which was open to public consultation and representation.
Members felt that appropriate consultations had been carried out and that there was still an opportunity for more discussion. They drew attention to the problems associated other sites not in the ownership of the Council, which would mean little certainty over them coming forward for development.
* * * * * * * * * * * * 58 w.e.18.7.2008 Executive Decisions
EX/071 PRESS AND PUBLIC
RESOLVED – That, under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, by virtue of the Paragraphs indicated.
* * * * * * * * * * * * KEY DECISIONS
EX/072 DISPOSAL OF COUNCIL-OWNED LAND AT NORTH LONSDALE ROAD, ULVERSTON (KD08/019/PP&R))
- Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3)
Summary
Cabinet’s approval in principle was sought to progress the market testing, through competitive tendering, for the disposal of Council-owned land at North Lonsdale Road, Ulverston (Ulverston East Ward), for the purpose of assisting the creation and safeguarding of employment in South Lakeland.
Decision RESOLVED – That (1) the principle of the market testing through seeking competitive tenders for the disposal of the Council’s property as predominantly un-serviced employment land, as shown on the attached plan, be approved; (2) prior to market testing, further work be progressed to detail the requirements of both the Council’s and South Lakes Housing depot facilities to maintain operational effectiveness, should a disposal be approved; and (3) the outcome of the market testing be reported to Cabinet for a final decision on disposal. Reasons for Decision
• The decision links to the Council’s Corporate Theme of Prosperous Communities – Priority 2 - economic growth achieved and incomes increased through development of key business sectors – Theme - identify employments sites within the Local Development Framework and work with partners to enable their development.
• The decision also has links with the following Strategic Plans:-
o Cumbria Vision SRAP 08 – 11: 3.2 Strategic Employment Sites and Premises - Development of employment sites in Key Service Centres.
o Community Strategy for South Lakeland: 04 – 24 - No 7. Deliver serviced land and premises for future development. 59 w.e.18.7.2008 Executive Decisions
Alternative Options Considered and Rejected
• There are no alternative options for employment land in Ulverston in the short term.
• There is an option to consider the market testing of only the non operational land, with a proviso that should part or all of the operational land subsequently becomes surplus to operational requirements, it is market tested for use as part of the wider development. This option may not lead to the most efficient reuse of the Council’s property asset.
• Alternative use of land – disposal for housing. The site has been identified for employment use. Given the absence of alternative sites for employment, it is recommended that this use is supported. It is likely that businesses that will move to the site will redevelop their existing sites to fund their redevelopment costs. Such enabling development will include a proportion of housing, a proportion of which will be affordable. Whilst acknowledging the Councils first priority is housing, it is the case that development of the site for employment will have a high likelihood of delivering other housing sites in Ulverston.
• Alternative for the Depot - Options are explored in the report and attached information paper
* * * * * * * * * * * *
EX/073 ULVERSTON ABATTOIR SITE (KD08/025/EP&T)
- Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3)
Summary
Consideration was given to the result of negotiations which had taken place with the tenant of Ulverston Abattoir and to the next course of action.
Decision
RESOLVED – That the sale of the freehold interest of the Ulverston Abattoir site to the leaseholder, on the terms contained within the report, be approved.
Reasons for Decision
• To assist in the delivery of the Council’s Corporate Plan - Prosperous Communities – Priority 3 Our Towns become vibrant centres for enhancing employment, local services, retail and community facilities. Safer Cleaner Greener Stronger Communities – Priority 12 reduced crime, anti-social behaviour and fear of crime.
• In addition, by employing planning controls, it is hoped that this decision will be in line with the Ulverston Canal Head and Canal Corridor Masterplan.
Alternative Options Considered and Rejected These were detailed in the report. * * * * * * * * * * * * 60 w.e.18.7.2008 Executive Decisions
EX/074 KENDAL MUSEUM (KD08/020/L)
- Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3)
Summary
Members were provided with an interim report on the current state of developments regarding Kendal Museum.
Decision
RESOLVED – That the Culture and Economy Manager be authorised to:-
(1) continue negotiations with Kendal College, with a view to achieving proposals for closer collaborative working arrangements; and
(2) following consideration of the Jura Consultant’s Museum Action Plan and revised and costed Kendal College proposals, provide a further report to Cabinet with recommendations about formal management arrangements with Kendal College.
Reasons for Decision
• To assist in the delivery of the Council’s Corporate Plan, Health Communities (by improving quality of life by encouraging participation in Cultural Activities) and Prosperous Communities.
• In addition, the decision has links with the Cumbria Economic Plan, Sub Regional Action Plan and the Kendal Regeneration Action Plan.
Alternative Options Considered and Rejected
These were detailed in the report.
* * * * * * * * * * * *
EX/075 REDEVELOPING THE COUNCIL’S PROPERTY ASSETS TO ENABLE THE REGENERATION OF THE BERNERS POOL, CAR PARK AND FORMER OPEN AIR POOL SITES AT GRANGE-OVER-SANDS – SELECTION OF A SHORTLIST FOR A PREFERRED DEVELOPER (KD08/021/Sev)
- Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3)
Summary
Members were advised that the first stage of the preferred developer selection process had been undertaken and approval was sought for a select list of developers to proceed to the second stage.
In response to Members’ request, the Head of Regeneration and Housing Services amended the list of developers in Paragraph 14 of the Appendix to the report.
Councillor Peter Thornton thanked the Head of Regeneration and Housing Services for leading the process which was an exciting opportunity for real benefit. 61 w.e.18.7.2008 Executive Decisions
Decision
RESOLVED – That
(1) those developers shortlisted in the amended Paragraph 14 of the Appendix to the report be invited to proceed to the second stage of selection; and
(2) as part of the second stage, developers will be required to exhibit their proposals in Grange, enabling the community to be involved in the final selection process.
Reasons for Decision
• This activity links with the Council’s Corporate Theme of Prosperous Communities and, in particular, Priority 3 (our towns become vibrant centres for enhancing employment, local services, retail and community facilities).
• It also links with recommendations in the Grange Regeneration Study, as study endorsed by Cabinet as guiding the regeneration of the town and the development of spatial planning policy.
Alternative Options Considered and Rejected
• There is an option not to proceed with the second stage of the process. This is not recommended as there are sufficient expressions of interest which demonstrate the potential of finding a development solution for the site.
• There is an option to either exclude developers from the recommended list or to include developers on the list. These options were considered during the meeting.
• There is an option not to consult the public on the proposals contained within second stage submissions. This is not recommended as the Council has previously indicated its wish to seek the public’s opinion, prior to a decision being made.
* * * * * * * * * * * *
EX/076 ADJOURNMENT OF MEETING
The Cabinet adjourned for lunch at 12.58 p.m. and reconvened at 1.45 p.m., when the same Cabinet Members were present.
* * * * * * * * * * * * 62 w.e.18.7.2008 Executive Decisions
GENERAL EXECUTIVE MATTERS Note – Councillor Peter Thornton declared a personal interest in the following item of business on the grounds that he owned a shop nearby to the car park. EX/077 WESTMORLAND CENTRE CAR PARK – PAY-ON-FOOT REVIEW - Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3) Summary Consideration was given to a review following six months’ operation of pay-on-foot at the Westmorland Shopping Centre Car Park. Councillor Graham Vincent requested that Recommendation (b) on the report be deferred. Decision RESOLVED – That (1) Recommendation (b) on the report be deferred to a future meeting; and (2) the Head of Commercial and Technical Services be instructed to:- (a) provide further evidence for the next report on the move to a stand-alone service for operation of pay-on-foot; (b) look at approaches adopted by other districts and enter consultation with disabled lobby groups to assess the consequences of charging for blue badge holders; (c) undertake an assessment of the impact of the re-introduction of charging for the first half hour, taking into account the overall economic impact on Kendal; and (d) arrange for the installation of a further pay-station on level 3 of the car park, the costs of £14,000 to be met from the Capital Programme’s underspending on the Car Park Scheme. Reasons for Decision This decision links to the following of the Council’s Corporate Priorities:-
• Priority 3 – Our towns become vibrant centres for enhancing employment, local services, retail and community facilities.
• Priority 12 – Reduced crime, antisocial behaviour and fear of crime. Alternative Options Considered and Rejected Considered within the report. * * * * * * * * * * * *
The meeting ended at 2.37 p.m.