MINUTES OF COUNCIL AND COMMITTEE MEETINGS AND EXECUTIVE DECISIONS

1 March 2010 –23 April 2010

Page Nos Minute Nos.

3 – 15 COUNCIL 30 March 2010 C/105 - C/124

Accounts Committee No Meetings

17 – 24 Audit Committee 20 April 2010 AUD/059 – AUD/077

25 – 28 Community Services Overview 4 March 2010 CS/079 – CS/088 29 – 31 and Scrutiny Committee 11 March 2010 CS/089 – CS/093

33 – 35 Human Resources Committee 23 March 2010 HR/067 – HR/075

Joint Accounts and Audit No Meetings Committees

Joint Audit and Standards No Meetings Committees

37 – 40 Joint Community Services and 11 March 2010 CS/R/026 – CS/R/034 Resources Overview and Scrutiny Committees

Lake Administration Committee No Meetings

41 – 43 Licensing Committee 24 March 2010 L/027 – L/032

Overview and Scrutiny No Meetings Co-ordination Board

45 – 53 Planning Committee 25 March 2010 P/128 – P/139

55 – 58 Resources Overview and 11 March 2010 ROS/050 – ROS/058 Scrutiny Committee

59 – 62 Standards Committee 13 April 2010 S/042 – S/056

63 – 64 Appeals Sub-Committee 2 March 2010 APP/006 – APP/010

65 – 66 Licensing Sub-Committee 29 March 2010 LS/087 – LS/093 Page Nos Minute Nos.

Standards Assessment Sub- No Meetings Committee

Standards Hearing Sub- No Meetings Committee

Standards Review Sub- No Meetings Committee

67 – 80 Executive Decisions w/e 5 March 2010 EX/288 - EX/303 81 – 82 w/e 19 March 2010 EX/304 (part 1) 83 – 87 w/e 19 March 2010 EX/305 – EX/308 (part 2) 89 – 106 w/e 26 March 2010 EX/309 – EX/331 107 – 108 w/e 2 April 2010 EX/332 – EX/333 109 - 122 w/e 16 April 2010 EX/334 – EX/352

79 30.3.2010 Council

SOUTH LAKELAND DISTRICT COUNCIL

Minutes of the proceedings at a meeting of the Council held in the District Council Chamber at South Lakeland House, Kendal, on Tuesday, 30 March 2010, at 6.30 p.m.

Present

Councillors

Jonathan Brook (Chairman) Sylvia Emmott (Vice-Chairman)

James Airey Kath Atkinson Rosie Ballantyne-Smith Alan Baverstock Roger Bingham Norman Bishop-Rowe Jane Carson Stephen Coleman Brian Cooper Joss Curwen Colin Davies Julie Dawson Sheila Eccles Clare Feeney-Johnson Clive Graham Brenda Gray Anne Hall Tom Harvey Frank Hodson Chris Hogg Brendan Jameson Janette Jenkinson Sonia Lawson Ian McPherson Vivienne Rees Andy Shine Hilary Stephenson Jo Stephenson Ian Stewart David Vatcher Graham Vincent Bill Wearing David Williams Mark Wilson Mary Wilson Peter Woof

Apologies for absence were received from Councillors Stan Collins, Jackie Cooper, Colin Hodgson, Pru Jupe, Kevin Lancaster, Clive Leal, Gwen Murfin, Maureen Nicholson, Jamie Samson, Peter Thornton, Brian Wilkinson and Brenda Woof.

Officers

Inge Booth Democratic Services Officer Lawrence Conway Corporate Director (Communities) Phillipa Cook Corporate Director (Vision and Strategy) Michael Keane Assistant Director (Social Enterprise) (part) Shelagh McGregor Assistant Director (Resources)/Section 151 Officer (part) Helen Smith Strategic Finance Manager (part) Debbie Storr Corporate Director (Monitoring Officer)

C/105 MINUTES

RESOLVED – That the Chairman be authorised to sign, as correct records, the minutes of the meetings of the Council held on 16 and 23 February 2010.

C/106 PUBLIC PARTICIPATION

RESOLVED – That it be noted that no questions, deputations or petitions have been received in respect of this meeting.

C/107 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that no declarations of interest were made. 80 30.3.2010 Council

C/108 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no excluded items on the Agenda.

C/109 CHAIRMAN’S ANNOUNCEMENTS

A list of the engagements recently attended by the Chairman had been circulated prior to the commencement of the meeting.

The Chairman advised that this would be the last scheduled meeting of the Council before the District Elections took place in May, and the last meeting for some Members. He took the opportunity to thank those Members for their hard work and commitment to the Authority over the last few years and wished them well for the future.

C/110 MEDIUM TERM FINANCIAL PLAN

At its meeting on 23 February 2010, the Council had approved the Revenue Budget and Five Year Capital Programme, which incorporated a set of financial projections. Those projections formed part of the Medium Term Financial Plan, which showed how the Council could fund its major corporate priorities.

It was reported that the Medium Term Financial Plan had been expanded to include the Capital Strategy, which had previously been considered as a stand-alone strategy, and new policies relating to Charging for Services and Efficiency and Value for Money. The financial projections had been improved to include five-year projections. The assumptions contained in the forecasts had been updated but these did not materially affect the conclusion that the Council still faced ongoing budget deficits that would require it to align its expenditure and income in the context of its Corporate Plan.

The key messages from the Medium Term Financial Plan were:-

• Projected deficits on the General Fund revenue account would increase by around £500,000 per annum from 2011/12 including growth of £300,000 per annum. The Senior Management Team was committed to identify options for the redirection of resources, transfer of services, increased income and other options to bridge this deficit. • The inability of the Housing Revenue Account to fund the required planned maintenance expenditure in the medium-term had already been recognised and the housing options study had been commissioned to undertake the financial modelling of the various options for the future of the housing stock which might include retaining management through South Lakes Housing, returning to direct management by the Council, transferring homes to a Registered Social Landlord or the use of the Private Finance Initiative. • The Capital Programme was reliant on grants and contributions to fund specific schemes, and over 63% of funding was earmarked for housing related schemes. The Programme assumed an element of slippage. Borrowing of £1m per year was included from 2010/11 and this was reflected in the revenue projections.

The same report had been considered by Cabinet at its meeting on 24 March 2010 when it had been resolved to recommend the proposals to Council (EX/324 (2009/10) refers). 81 30.3.2010 Council

Councillor Andy Shine took the opportunity to thank the Chairman, on behalf of all Members, for his service and commitment to the Council over the last two years.

Councillor Shine referred to the proposed procedure for the administration of the Community Capital Allocation which, it was suggested, should be further considered by the Resources Overview and Scrutiny Committee prior to approval by Cabinet.

In moving the recommendations, Councillor Shine expressed his thanks to the Finance Team for the work put into producing the document. The proposal was seconded by Councillor Brendan Jameson.

RESOLVED – That

(1) the Medium Term Financial Plan be approved; and

(2) the proposed procedure for the administration of the Community Capital Allocation Fund, which it is suggested that the Resources Overview and Scrutiny Committee will further consider and Cabinet finalise at their next meetings, be approved in principle.

C/111 TREASURY MANAGEMENT STRATEGY STATEMENT, PRUDENTIAL INDICATORS AND MINIMUM REVENUE PROVISION STATEMENT

Members were presented with a report which outlined the Council’s prudential indicators for 2010/11 – 2012/13 and set out the expected treasury operations for this period. It fulfilled four key legislative requirements:-

• The Chartered Institute of Public Finance and Accountancy’s (CIPFA’s) Code of Practice required the Council to set a number of prudential indicators as part of a framework setting out the expected capital activities and managing its capital finances. The key control was an affordable borrowing limit: breach of this strategy limit would be unlawful. • The Council’s Minimum Revenue Provision Policy, which set out how the Council would pay for capital assets through revenue each year. • The Treasury Management Strategy Statement which set out how the Council’s treasury service would support the capital decisions taken above. • The Investment Strategy which set out the Council’s criteria for choosing investment counterparties and limiting exposure to the risk of loss.

The above policies and parameters provided an approved framework within which officers undertook the day-to-day capital and treasury activities.

Revised guidance published during 2009 had been incorporated within the reports, including draft proposals where these did not conflict with current Guidance. The main changes within the new guidance required greater Member involvement in Treasury Management, including increased scrutiny of the treasury policies, increased Member training and awareness and greater frequency of information. The Treasury Management Policy Statement and Framework had been updated to reflect these changes.

The same report had been considered by Cabinet at its meeting on 24 March 2010 when it had been resolved to recommend the proposals to Council (EX/325 (2009/10) refers). 82 30.3.2010 Council

In addition to the recommendations contained within the report, Councillor Andy Shine proposed that the Resources Overview and Scrutiny Committee was the proper Committee to scrutinise the Treasury Management Strategy, in line with the new guidance from CIPFA. He was seconded by Councillor Brendan Jameson.

RESOLVED – That

(1) the following be approved:-

(a) the Prudential Indicators and Limits for 2010/11 to 2012/13 contained within Appendix A of the report;

(b) the Minimum Revenue Provision Statement contained within Appendix B of the report, which sets out the Council’s policy on Minimum Revenue Provision;

(c) the Treasury Management Strategy 2010/11 to 2012/13 and the Treasury Prudential Indicators contained within Appendix C of the report, including the Authorised Limit Prudential Indicator;

(d) the Investment Strategy 2010/11 to 2012/13 contained in the Treasury Management Strategy at Appendix C of the report; and

(e) the Treasury Management Policy Statement and Framework contained within Appendix D of the report; and

(2) the Resources Overview and Scrutiny Committee be nominated to ensure the effective scrutiny of the treasury management strategy and policies.

C/112 REFUND OF VAT ON CAR PARKING INCOME The Council was informed that accountants working on behalf of four local authorities were seeking funding from local authorities to support an appeal against a VAT tribunal decision. Many local authorities, including South Lakeland District Council, would stand to gain millions of pounds in overpaid VAT on car park income paid over to Her Majesty’s Revenue and Customs since 1994. The four councils had, to date, used their own funds, but this latest appeal required expensive legal advice, and they were seeking additional funding contributions to help them fight the case. At its meeting on 24 March 2010, Cabinet had recommended that Council approve the release of £10,000 from the General Reserves to support the appeal (EX/326 (2009/10) refers). Councillor Andy Shine informed Members that 24 other councils were also being asked for a contribution to help fund the appeal. He was of the opinion that the sum of £10,000 represented a very small investment for a potentially enormous return, and moved the recommendation. The proposal was seconded by Councillor Brendan Jameson. A lengthy debate ensued during which concerns were raised with regard to further possible requests for additional funding for the case and the use of the Council Tax- payers’ money for this purpose when the outcome was uncertain. 83 30.3.2010 Council

In response to a query raised, Councillor Shine stated that he would consider freezing car parking charges for a year, should the appeal be successful. It was also clarified that the contribution of £10,000 was towards initial expert legal advice at a cost of £250,000. RESOLVED – That the release of £10,000 from the General Reserves to be put to a “fighting fund” for costs involved in appealing against a VAT tribunal decision be approved. C/113 REVIEW OF CALL-IN PROCESS The Council considered a report from the Chairmen of the Overview and Scrutiny Committees with regards to the operation of the call-in provisions over the last 12 months. The call-in process was only to be used in exceptional circumstances in order to challenge decisions made by Cabinet or by officers with delegated powers. During the last 12 months, a total of four Executive Decisions had been called in, details of which were provided. At a meeting of the Overview and Scrutiny Co-ordination Board held on 16 February 2010, Members had considered the operation of the call- in scheme over the previous year, and it had been agreed that some potential improvements could be made, taking into account workable constitutional amendments. These proposed amendments were to be discussed during consideration of the next item on the Agenda. Overall, it was felt that the call-in process had, in the last 12 months, proven itself as an effective method by which Members could call to account the decisions of the Executive. In presenting the report, Councillor Mary Wilson informed Members that the system was working well. She moved the recommendation and was seconded by Councillor Vivienne Rees. Reference was made to the urgency procedure and the need for the Chairman of the Council having to agree to a decision being treated as a matter of urgency. It was felt that it would be more appropriate for one of the Overview and Scrutiny Committee Chairman to be consulted on such occasions. The Corporate Director (Monitoring Officer) confirmed that the Chairman of the Council was consulted if the call-in process was to be waived, but suggested that this could be looked into at a future date. RESOLVED – That the report from the Chairmen of the Overview and Scrutiny Committees on the operation of the call-in provisions be received. C/114 PROPOSED CHANGES TO OVERVIEW AND SCRUTINY Consideration was given to a report from the Corporate Director (Monitoring Officer) which outlined suggested changes to the Overview and Scrutiny function at the Authority, as agreed by Members at a joint meeting of the Overview and Scrutiny Committees on 11 March 2010. The recommendations had been made with the intention of ensuring that the Council’s Scrutiny function was fit for purpose at the start of the Municipal Year and the commencement of the new structure. It had been suggested that any changes agreed would be subject to review after a six- month period. Although not fully examined, the option to reconsider the role and remit of the Co- ordination Board had also been raised. A possible alternative to the Board could be instead to hold quarterly informal meetings between the Scrutiny Chairs, the Leader and the Chief Executive. This option could be explored further at a later date. 84 30.3.2010 Council

Councillor Vivienne Rees emphasised that the Council should be justifiably proud of its overview and scrutiny function, which played a major part in the democratic process. She stressed that the proposed reduction in size of the Committees should not result in a perceived exclusion of other Members and highlighted the importance of their involvement in the work of task groups. She moved the recommendations which, she felt, would strengthen the function and enable the Council to continue to lead in this field, and was seconded by Councillor Mary Wilson. A lengthy discussion ensued during which concerns were raised about the committees’ work programmes, the more strategic nature of the overview and scrutiny function and the proposed rules for public participation.

Members were advised that the work programmes would be considered by the Overview and Scrutiny Committees at the start of the new Council year, when Members would have an opportunity to raise items for inclusion. It was also pointed out that engagement of the public in the process would be subject to review. In addition, a preference raised for the production of written reports rather than verbal reporting was acknowledged.

RESOLVED – That the following be approved, to take effect at the start of the new municipal year, with consequential amendments being made to the Council’s Constitution:- (1) both Overview and Scrutiny Committees be reduced in size to 12 Council Members, plus the addition of the current number of co-opted members; (2) the Terms of Reference of the two Committees, as set out at page 17 of the Constitution, be amended to reflect an equalisation of workload (see Appendix 3 to the report); (3) the Terms of Reference of the Co-ordination Board be amended by the removal of “(f) to meet with portfolio holders to discuss policy development work;” which will now form part of the work of the two scrutiny committees; (note - this also appears on page 122 of the Constitution); (4) the Public Participation rules be amended to permit Councillors not on Scrutiny Committees to attend and, after the Committees have discussed an issue but before any decision is made, to be permitted to ask questions; and, following other Members of the Council, the public be permitted to ask questions, without prior notification; (5) a protocol be drafted and available to all attending Scrutiny meetings outlining the procedure to be adopted in (4) above; and (6) Portfolio Holders, Member Champions, Members appointed by the Council to serve on outside bodies and Members with special responsibilities as relevant to the meeting, be required to attend Overview and Scrutiny meetings when requested. C/115 PETITIONS SCHEME Under the Local Authorities (Petitions) (England) Order 2009, the Council was required to draw up a Petitions Scheme which would give local people a right to a public response if they signed a petition. A draft Scheme had been produced and had been considered by Overview and Scrutiny. The draft Scheme had also been considered by Cabinet on 24 March 2010 (EX/328 (2009/10) refers), when Members had resolved to recommend the proposals to Full Council. 85 30.3.2010 Council

The Corporate Director (Monitoring Officer) referred to Paragraph 8 of the draft Scheme and advised that, in the first bullet point, petitions relating to licensing applications should be included as ones which might not be accepted. She also informed Members that it had recently been announced the Regulations would take effect from 15 June 2010, with facilities for e-petitions to be in place by 15 December. The proposal was moved by Councillor Andy Shine and seconded by Councillor Vivienne Rees.

RESOLVED – That, subject to the inclusion of the additional amendment raised at the meeting and outlined above:-

(1) the Petitions Scheme be adopted, to take effect from 15 June 2010 when the Regulations come into force, with the exception of E-petitions, which will be adopted following full implementation of the Petitions Legislation, and establishment of an E-petition system on the Council’s website by 15 December 2010; and

(2) the consequential amendments to the Council’s Constitution be approved.

C/116 PROCUREMENT AND COMMISSIONING STRATEGY 2010-2015

Members were presented with a revised Procurement and Commissioning Strategy 2010/15 which detailed the priority areas and strategic objectives for procurement and would feed directly into the 2010/12 Corporate Plan. The draft Strategy had been considered by Cabinet on 9 December 2009 and by the Resources Overview and Scrutiny Committee on 11 March 2010. The suggested changes raised at those meetings had been incorporated into the document.

Councillor Andy Shine informed Members that the Strategy would be used throughout the Authority in order to deliver better governance and increased economies. In moving that the Strategy be adopted, he expressed thanks to the Procurement and Contracts Manager for his work in producing a clear Strategy, and also the Resources Overview and Scrutiny Committee for its contribution to the final document.

In response to a request that invitations to tender be advertised as widely as possible within the District, Councillor Shine advised that the entire application of the Procurement and Commissioning Strategy was based on the Council’s Equalities and Diversity Strategy.

RESOLVED – That the revised Procurement and Commissioning Strategy 2010-15 be approved for adoption as part of the Council’s Policy Framework.

C/117 CONSTITUTION REVIEW

Members were advised of the Monitoring Officer’s annual review of the Council’s Constitution and about a number of constitutional changes that had taken place over recent months to take account of new legislation and the recent Council restructure.

The report had been considered by the joint Overview and Scrutiny Committees on 11 March 2010, and by Cabinet on 24 March 2010, when it had been resolved to recommend the proposals to Full Council (EX/329 (2009/10) refers). 86 30.3.2010 Council

In presenting the report, the Corporate Director (Monitoring Officer) advised that, as well as planned examination of Procurement and Financial Procedure Rules, the Strong Leadership Model would require further changes to the Constitution later in the year.

It was proposed by Councillor Brendan Jameson, seconded by Councillor Andy Shine, and subsequently

RESOLVED – That

(1) the interim review of the Council’s Constitution be noted;

(2) the amendments identified in Appendix A as recommended by the joint Overview and Scrutiny Committees be approved; and

(3) the amendments highlighted in Appendix B that have arisen as a result of earlier decisions of the Council, with the proposed addition of a Member Champion for Local Area Partnerships, be noted.

C/118 STAFFING STRUCTURE REVISION The Corporate Director (Monitoring Officer) asked Members to consider a variation to the establishment structure within Social Enterprise. The variation consisted of two elements relating to the posts of Senior Tourist Information Centre Officer (Kendal) and two Civil Enforcement Officers, and would be almost cost neutral. In addition, Members were asked to consider whether it would be appropriate for the Human Resources Committee to be given delegated authority by Full Council to approve minor amendments to the staffing establishment which did not have significant financial consideration. The proposals had been considered by the Human Resources Committee at its meeting on 23 March 2010, when Members had recommended that the proposals be referred to Full Council (HR/072 refers). In response to a request for a presentation to be made to Council on the new Social Enterprise Directorate, the Corporate Director (Monitoring Officer) undertook to arrange a briefing session for Members. Councillor Brendan Jameson moved the recommendation and was seconded by Councillor Hilary Stephenson. RESOLVED – That (1) the following be approved:- (a) deletion within the staff establishment of the vacant Senior Tourist Information Centre Officer post and creation of a new Kendal Tourist Information Centre and Town Hall Support Assistant post; and (b) deletion within the staff establishment within the Social Enterprise Service of the two vacant Civil Enforcement Officers posts and to establish three new posts of Westmorland Shopping Centre Parking Attendants; and (2) the Human Resources Committee be delegated authority to approve minor amendments to the staffing establishment of the Council provided that such changes do not have any significant financial impact and can be met from within existing budgets. 87 30.3.2010 Council

C/119 LOCAL AREA PARTNERSHIP CO-ORDINATOR

The Corporate Director (Vision and Strategy) informed Members that Local Area Partnerships were an important priority for the Council in improving its community engagement and locality delivery of service. As part of the interim support arrangements agreed with Key Partners, the Council had committed to provide a full-time Local Area Partnership Co-ordinator, initially on a temporary basis to 31 March 2010, and subsequently a full-time permanent post from 1 April 2010. It was highlighted that both the County Council and the Police had already contributed officer support for Local Area Partnerships.

On 23 and 24 March 2010, both the Human Resources Committee and Cabinet respectively had recommended that Council confirm the permanent establishment of the post (HR/071 and EX/327 (2009/10) refer).

It was proposed by Councillor Brendan Jameson, seconded by Councillor Andy Shine, and subsequently

RESOLVED – That the permanent establishment of the post of Local Area Partnership Co-ordinator, as detailed within the report, be confirmed.

C/120 CHANGES TO POLLING PLACES AND POLLING STATIONS

Members were asked to consider changes to be made to a number of polling places, and consequent polling stations, to be used at the local elections, and possible Parliamentary Election, on Thursday, 6 May 2010.

The Corporate Director (Monitoring Officer) advised that a fuller review was to be carried out following the May Elections. She also referred to the Equalities and Diversity Section of the report which, she advised, was applicable. All polling places and stations would be assessed under the Disability Discrimination Act.

In addition to the recommendations contained within the report, the Corporate Director (Monitoring Officer) requested confirmation that she had delegated authority to make any further necessary changes prior to the Elections, if necessary.

Members made comments on individual polling stations and the Corporate Director (Monitoring Officer) undertook to pass them onto the Electoral Services Manager.

The recommendations were moved by Councillor Andy Shine and seconded by Councillor David Williams.

RESOLVED – That

(1) the necessary changes to polling places, and consequent polling stations, be approved as identified within the report;

(2) it be noted that a further polling place review will be undertaken following the forthcoming elections; and

(3) it be confirmed that the Corporate Director (Monitoring Officer) has delegated authority to make any further necessary changes to polling places, and consequent polling stations prior to the Elections, as necessary. 88 30.3.2010 Council

C/121 SHARED SERVICES MANAGEMENT/DELIVERY ALLIANCE – SOUTH LAKELAND DISTRICT COUNCIL LAND EDEN DISTRICT COUNCIL

Further to C/108 (2009/10), Councillor Brendan Jameson provided an update on the latest position on the potential joint shared services management/delivery alliance with Eden District Council.

At its meeting on 25 February 2010, Eden District Council had not approved the recommendations in full, but had instead agreed an amended resolution. Although Eden’s commitment to shared services opportunities was welcome, the decision to hold back from shared corporate management initiatives was disappointing. Eden District Council would consider its budgetary position again in April/May, when its Chief Executive would address the consequences for service delivery arising out of the Council’s decision made on 25 February.

In the meantime, it was suggested that Members of South Lakeland District Council gave time for reflection on both sides of the issue, and to choose to consider new options if necessary after the Annual Meeting on 18 May. The two Councils would continue to share management of Information Technology Services, which would be considered for renewal after the end of the current contract in April 2010. This arrangement had worked well and gave strong evidence to support drawing up a detailed business case. The two Councils also continued to work collectively on a shared procurement and implementation of new Revenues and Benefits software, which was intended to mature into a shared service.

Members were advised that, if prepared to reserve their position until after the Council meeting in May, this would enable Eden District Council to reflect on its position and for the Corporate Management Team to consult with the Executive on the merits of alternative strategies. In the interim, the Management Team would continue to work with other authorities on current issues and would be open to consider initiatives if they arose.

Councillor Jameson moved the recommendations contained within the report and was seconded by Councillor Andy Shine.

A lengthy discussion ensued during which the importance of pursuing current and further shared services with Eden District Council was confirmed.

RESOLVED – That

(1) the report be received; and

(2) it be noted that the Corporate Management Team will bring a further strategy paper to a future Council meeting to be called after the Annual Council meeting in May.

C/122 MINUTES OF MEETINGS

RESOLVED – That it be noted that no comments or questions had been received in respect of the minutes of Committee meetings held between 25 January and 26 February 2010. 89 30.3.2010 Council

C/123 EXECUTIVE REPORTS, DECISIONS AND CABINET QUESTION TIME

Further to Minute C/056 (2006/07), two written questions had been submitted for the response of Cabinet Members:-

Question from Councillor David Williams to Councillor Andy Shine (Policy, Performance and Resources Portfolio Holder)

At the Council meeting in Ulverston in September 2009, you agreed to let me know whether or not cost estimates had been obtained in respect of the consultants' fees when these had exceeded budget by approximately £34,000. Despite reminding you twice by e-mail and once verbally, some six months later I am still awaiting this response. You are continually praising The Council for its efficiency in dealing with matters. Would you agree with me that Council Tax payers would be astonished by such an assertion in this instance?

Response from Councillor Andy Shine

I apologise for the delay, however, would point out that the relevant Council minutes do not make reference to the question and, as a result, I was not prompted to provide an answer. The original budget for the waste tender exercise was £50,000. The estimated cost was increased to £59,000 through a Supplementary Revenue Estimate in September 2009, for £34,000. The costs alone are, however, meaningless. The question is, what you get for the money. As a result of the further investment, the Council has managed to agree and accept a tender for the waste collection contract that is going to deliver savings of £224,000 per annum. The work undertaken on the waste collection contract was also used as part of the grounds maintenance procurement exercise. That contract is estimated to have saved the Council around £288,000 per annum. This will bring the Council £0.5m per year for seven years. In addition, the Council could extend the contracts for a further 14 years if it chooses to. This additional £34,000 has not been a bad investment.

Supplementary Question from Councillor David Williams

The question is, why has it taken six months to obtain an answer, despite two reminders?

Response from Councillor Andy Shine

I have already apologised and provided the reasons. I had to wait for a decision and for the call-in expiry period in order to establish the savings made. In addition, the grounds maintenance process caused a further delay. Thereafter, I have no excuse for the time taken to assemble the figures in order to demonstrate the considerable savings to the Council.

Question from Councillor Norman Bishop-Rowe to Councillor Graham Vincent (Economic Prosperity and Transport Portfolio Holder)

Cllr. Vincent do you consider that the raising of all car parking charges on all SLDC administered car parks in Ulverston to those of Kendal to be equitable? 90 30.3.2010 Council

Response from Councillor Graham Vincent

Yes it is equitable. Ulverston has, for a long time, enjoyed significantly lower car parking charges than the rest of the District, and has had the very lowest charging at Stockbridge Lane. But this car park remains significantly under used. Ulverston residents have benefited from consistently record low levels of Council Tax in recent years, but that has only been possible by achieving income from the Council’s Enterprise Services. No one, of course, could expect areas like Grasmere or Windermere, or Grange or Kirkby Lonsdale to continue to subsidise Ulverston. Ulverston has had in excess of £3m of regeneration money invested in its economy, and, additionally, £2m invested in Low Mills Tannery Phase 2 employment site. Ulverston had received the biggest share of SLDC economic and leisure investment over the past four years. The award winning County Square enhancement, the Weint enhancement, the Theatre Street car park re-modelling, security lighting for Brewery Street Car Park, a contribution towards the restoration of the Sir John Barrow monument, the Sir John Barrow mural, the Ulverston mural, multi-use games area, support for the Skate Park, 20 events per year at the Coronation Hall, roughly split as SLDC sponsored events, and shared events, the popular Manchester Camerata Residency, and a state of the art lighting system . This has been a high level of commitment to Ulverston, the vast majority contributing to its economy. In manufacturing, Ulverston has a larger percentage of high tech businesses than anywhere else in the District. These are yielding higher value jobs, and average take home pay is better than that of most of the District. Ulverston’s town centre is no less vibrant than anywhere else in South Lakeland. The January empty shops survey showed that Ulverston had 8% of shops empty - Kendal showed 11%. Prior to that, Kendal and Ulverston had shown very similar levels of occupancy, and I imagine the levels will probably equalise again. To summarise, Ulverston has received very strong economic support resulting in a strong economy, with a vibrant town centre. I have been asked, is the move towards equalising car parking charges equitable? Of course it is, in fact it has been long overdue.

Supplementary Question from Councillor Norman Bishop-Rowe

Why does Ulverston not have long stay car parks like Library Road in Kendal? Stockbridge Lane may be under-used due to the fact that it is not a long stay car park. Why are users of the Westmorland Shopping Centre Car Park in Kendal allowed the first 30 minutes of parking free of charge? This seems unjust.

Response from Councillor Graham Vincent

Experience shows that it does not matter what is done with Stockbridge Lane Car Park – people do not use it – it could be said that Ulverston has one car park too many. With regard to the 30 minutes’ free parking at the Westmorland Shopping Centre, this car park is close by to Stramongate School. There is no alternative parking for parents to drop off their children at the school. They have always used the Westmorland Shopping Centre Car Park for this purpose. When the car park was converted to “pay on foot”, the system could not accommodate for school opening and closing times. Therefore, the first half hour’s free parking applies all day.

Further verbal questions were raised as follows:- 91 30.3.2010 Council

Question from Councillor Janette Jenkinson to Councillor Graham Vincent (Economic Prosperity and Transport Portfolio Holder)

With regard to the new posts of Enterprise Manager and Regeneration Officer, are you yet able to advise Members as to which individuals have taken up these positions?

Response from Councillor Graham Vincent

The Enterprise Manager is Jim Maguire and the Regeneration Officer is Jayne Kendall.

Supplementary Question from Councillor Janette Jenkinson

The post of Economic Development Manager is an important strategic post within this Council. I am intrigued that the Medium Term Financial Plan shows this post as only being funded until 2012. Can you assure me that the Cabinet will call for further funding after this date?

Response from Councillor Graham Vincent

There seems to be some confusion here. The posts of Economic Development Manager and Officer are permanent posts. There are, however, two members of staff within the Council who are on three year contracts. One of these two postholders is not a regular officer.

Question from Councillor Norman Bishop-Rowe to Councillor Andy Shine (Policy, Performance and Resources Portfolio Holder)

Should the appeal against the VAT tribunal decision be successful and the VAT on car parking income is refunded, will the people who have paid car parking charges receive returns on the VAT paid for those charges?

Response from Councillor Andy Shine

Unfortunately, we have no records of the individuals. However, if we are successful, I will look to freeze car parking charges for a year, with pleasure.

RESOLVED – That the reports and questions raised be noted.

C/124 QUESTIONS

RESOLVED – That it be noted that no questions had been received in accordance with Paragraph 10 of the Council’s Rules of Procedure.

The meeting ended at 9.00 p.m. 47 20.4.2010 Audit

AUDIT COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the Georgian Room at the Town Hall, Kendal, on Tuesday, 20 April 2010, at 7.00 p.m.

Present

Councillors

Stephen Coleman (Chairman)

Jonathan Brook Kevin Lancaster

Apologies for absence were received from Councillors Pru Jupe (Vice-Chairman) and Paul Little.

Officers

Sue Hill Corporate Finance Manager Peter Hunt Interim IFRS Advisor Gillian Llewellyn Performance and Risk Officer Shelagh McGregor Assistant Director (Resources)/Section 151 Officer Helen Smith Strategic Finance Manager Rose Tideswell Committee Clerk

Also in attendance at the meeting were Heather Green from the Audit Commission and Keith Jackson from Internal Audit.

AUD/059 MINUTES

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 28 January 2010.

AUD/060 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that no declarations of interest were made.

AUD/061 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no excluded items on the Agenda. INTERNAL AUDIT AUD/062 Internal Audit Progress and Performance Report April 2009 to March 2010 The Internal Audit Manager reported on progress made by Furness Audit in delivering the Audit Plan between 1 April 2009 and 31 March 2010, including final reports issued relating to a previous reporting period. Out of a total of 54 recommendations which had been made, 49 had been fully accepted by management, four partly accepted and one not accepted. No Priority 1 recommendations had been made during the reporting period. All the fieldwork had been completed, except for Housing Benefits. Members felt that this was very positive compared to the previous year, and provided a confident indicator to people outside the authority. RESOLVED – That the report be noted. 48 20.4.2010 Audit

AUD/063 Internal Audit Reports

The Internal Audit Manager presented two internal audit reports which had been finalised since the last meeting of the Committee held on 28 January 2010.

09-01 Income Collection (Unqualified Assurance)

With effect from 31 January 2006, the Council’s three cash offices in South Lakeland House, Kendal, Ulverston Town Hall and Langstone House, Windermere, had been closed to create financial savings. An enquiry service had been retained in Kendal, together with a part-time service in Ulverston and Windermere.

Payments could be made by a number of methods, including postal cheque, Allpay cards or bar-coded invoices at Post Offices or PayPoint outlets, Internet, Touchtone telephone payments, bank transfers and by direct debit. Payment by electronic method was actively encouraged in order to help the Council achieve further savings. During the financial year 2009/10, in excess of 137,000 receipting transactions had been performed, with a value of over £219.8m.

The audit objectives had been to test the internal controls over the collection and receipt of income within the Council and audit work had included testing the operation of key controls.

As a result of the audit, it had been concluded that there was an adequate system of controls designed to achieve the system objectives and, as such, Internal Audit had not raised any recommendations.

Internal Audit had also reviewed the two agreed recommendations made in the previous Audit report 08-01, dated February 2009. Those recommendations had been fully implemented.

A constructive management response had been received from the Revenues and Benefits Support Manager, accepting the report.

Members felt that this was a positive piece of work.

09/23 Council Vehicles (Substantial Assurance) Council vehicles were based at three separate depots in Kendal, Ulverston and Ecclerigg. Vehicles were maintained and serviced in accordance with the ‘Fleetmaster Service Types’ schedule. The maintenance and monitoring of vehicles was recorded using a combination of manual records and specialist fleet management software. The Council’s Vehicle and Plant Replacement Programme 2008-2014 had been approved by Cabinet on 9 April 2008, and related to responsibility for 78 vehicles. The audit objectives had been to evaluate and test the internal controls relating to the management of Council Vehicles. Audit work included a control evaluation of the system design, and testing of the operation of key controls. As a result of the audit, it had been concluded that while there is a basically sound system, there were weaknesses, which put some of the system objectives at risk. Two Priority 2 recommendations had been made, relating to:- • considering the replacement of brake testing equipment; and • making arrangements for the repair of the Tri-Scan fuel system equipment at the Kendal Depot. 49 20.4.2010 Audit

In addition, three Priority 3 recommendations had been made, which concerned:-

• providing staff with training to ensure the full operation of the Fleet Management software; • ensuring fuel procurement cards are issued to appropriate officers; and • reviewing the level and type of stock/parts held at the depot.

A constructive management response had been received from the Assistant Director (Community Services), the Contracts and Procurement Manager, and the Fleet Manager, accepting three recommendations, partially accepting one recommendation and rejecting one recommendation regarding the repair of the Tri- Scan fuel system equipment at the Kendal Depot.

RESOLVED – That the two internal audit reports be accepted as presented.

AUD/064 Implementation of Internal Audit Recommendations

RESOLVED – That it be noted that the Internal Audit Manager did not raise any current areas of concern regarding the implementation of recommendations.

AUD/065 Progress on Implementation of Recommendations made by Internal and External Audit in relation to Audit Reports by Exception

The Internal Audit Manager reported verbally on progress in loading audit recommendations onto the Covalent performance management system in order to produce exception reports where recommendations had not been actioned.

Members received a report and an overview of Covalent from the Performance and Risk Officer to show how monitoring reports via the Covalent system was advantageous for the Council. The Internal Audit Manager commented that the monitoring of recommendations through Covalent would not remove the need for Internal Audit to undertake their own follow-up/implementation review work, as this was required to provide the Committee with independent assurance. Members thanked the Performance and Risk Officer for her work and were of the opinion that, in future, Covalent should be used for monitoring outstanding action in relation to agreed recommendations. This would be performed electronically within each meeting.

RESOLVED – That the report be received.

AUD/066 Internal Audit Annual Plan 2010/11

Members gave consideration to a proposed Internal Audit Annual Plan for 2010/11. The Plan reflected best practice (the Code of Practice for Internal Audit in Local Government in the UK 2006), which recommended that annual audit plans based on risk/needs and other assurance processes were drawn up each year.

The Internal Audit Manager stated that the annual plan had been presented to the Management Team and advised that the plan could deliver the Council’s needs. A query was raised about IFRS in relation to the plan, and the Internal Audit Manager stated that there was not a specific requirement for an audit of this area. A project implementation could be undertaken, although the Council had brought in the services of a specialist to assist with this.

RESOLVED – That the Internal Audit Annual Plan 2010/11 be approved. 50 20.4.2010 Audit

PROGRESS REPORT/WORK PROGRAMME

AUD/067 Progress Report/Work Programme 2009/10

Members considered a report on progress against the Committee’s 2009/10 Work Programme.

RESOLVED – That the report be noted.

AUD/068 Work Programme 2010/11

Members were presented with a draft Work Programme for the Audit Committee for 2010/11. The four proposed meetings and dates provided were based on an initial Council Calendar which had now been updated. Provisional meeting dates had subsequently been agreed, including the need for five meetings within the year. The provisional meeting dates discussed were dependent on confirmation by Council of its Calendar of Meetings for 2010/11. The allocation of work throughout the year would be spread over five months, for Member approval. This item was to be returned for approval at the next meeting of the Committee. Members requested an early circulation of the paper for consideration.

RESOLVED – That

(1) the draft Audit Committee’s Work Programme for 2010/11 be noted; and

(2) a revised Work Programme be prepared for the next Committee meeting.

EXTERNAL AUDIT AUD/069 2009/10 Opinion Audit Plan Members were informed that the 2009/10 Opinion Audit Plan set out the audit work that the Audit Commission proposed to undertake for the audit of financial statements 2009/10. The plan was based on the Audit Commission’s risk-based approach to audit planning and reflected:- • audit work specified by the Audit Commission for 2009/10; • current national risks relevant to local circumstances; and • local risks. Included within the Plan was the total indicative fee for the audit, which was £129,865. This sum excluded any work requested by the Council that the Commission might agree to undertake using its advice and assistance powers. The Council was required to prepare the financial statements by 30 June 2010 and the District Auditor was required to complete her audit and issue her opinion by 30 September 2010. The External Audit Manager presented an Opinion Plan and stated that the fee remained unchanged from the indicative 2009/10 fee reported to the Audit Committee in June 2009. The 2009/10 fee did not include IFRS. Members asked about the scale of fees charged and whether the Council’s was above or below the scale fee. The Council was 15.8% above scale fee for 2009/10. The level of fee charged was based on a risk assessment and takes account of past experience of the Council’s accounts. In response to a query on the impact of IFRS, Members were advised that it would increase future audit fees but that there would be a one- off rebate for the 2010/11 audit. 51 20.4.2010 Audit

Members requested that a report on the risk associated with concessionary fares be brought to the next meeting. They were concerned about this scheme which involved major use of public funds.

RESOLVED – That

(1) the contents of the 2009/10 Opinion Audit Plan be noted; and

(2) a report be brought to the next meeting of the Committee on the risk associated with concessionary fares.

AUD/070 Certification of Claims and Returns – 2008-09 Annual Report

Members were advised that funding from Government grant-paying departments was an important income stream for the Council. The Council needed to manage claiming this income carefully. It needed to demonstrate to the auditors that it had met the conditions which were attached to these grants.

The Committee was provided with a summary of the findings from the certification of 2008/09 claims.

In 2008/09, the Audit Manager’s team had certified seven claims, with a total value of £57.2m. Of these, they had carried out a limited review of four claims, and a full review of three claims. This had included a full review of the Housing Benefit claim for which a limited review was not an option. Five claims had been amended, resulting in an increase in the value of the claims to the Council of £60,000. For four claims, the team had been unable to fully certify the claim, and had issued a qualification letter to the grant-paying body.

The fees which had been charged for grant certification work in 2008/09 had been £52,692.

It had been found that arrangements for the presentation of claims and returns had improved, and there was less slippage against timetables than in previous years. There remained a lack of formal arrangements for the presentation of claims and returns.

Grant claims showed little evidence of quality control reviews being completed before claims were approved. Additionally, claims which had not been authorised by a senior officer had been submitted for certification.

The Audit Commission’s assessment of the control environment had allowed it to reduce the testing for four of the claims which would help it in controlling its fees.

Members were presented with a summary of the Audit Commission’s recommendations. 52 20.4.2010 Audit

Members were advised that there were two levels of work, 1. Limited and 2. Full Review, and this was dependent on the value of the grant - below £0.5m was limited and over was a full review. The exception was Housing and Council Tax Benefits, which was always a full review. Amendments had been made to five claims resulting in an increase of £60,000 to SLDC. It was asked if this was unusual, and the Auditor stated that it was not. The Assistant Director (Resources)/Section 151 Officer advised that she was developing training and processes to deal with this issue, and that it was the returns from outside the Finance department that required tightening up. A query was raised as to whether finance staff were going to understand the non-financial aspects of a claim and the Assistant Director (Resources)/Section 151 Officer informed the Committee that she would be allocating an accountant to specific areas to address this.

RESOLVED – That the report be received.

ACCOUNTS

AUD/071 Accounting Policies for the 2009/10 Statement of Accounts

It was reported that amendments to the Council’s accounting policies were required as a result of changes to accountancy best practice. A comprehensive report on the reasons for the required changes was presented for Members’ consideration, and the Committee was asked to adopt the new accounting policies for closure on the 2009/10 Accounts.

It was requested that, in future, the areas that had changed be made clearer.

RESOLVED – That

(1) the amendments required to the Council’s accounting policies be noted; and

(2) the new accounting policies, as detailed in the report, are adopted for closure of the 2009/10 Accounts.

AUD/072 Progress on Final Account Audit 2008/09 Action Plan

Members were presented with a report which highlighted the progress made against the recommendations which had been made in the Annual Governance Report and the Final Accounts Memorandum for 2008/09.

The Strategic Finance Manager stated that there were nine recommendations for action and that significant progress would be made by the end of April. A great deal of work had been carried out on the Asset Register, however there were some areas where previous errors needed correcting. Members wished to be provided in the future with more details relating to the underlying issues with the NOW card.

RESOLVED – That progress to date be noted.

AUD/073 Progress on the Implementation of IFRS A report in April 2009 to the Audit Committee entitled Introduction of International Financial Reporting Standards (IFRS) had provided an outline of the issues the Council would have to deal with in implementing the new Accounting Standards. This had been followed by a detailed impact assessment in October 2009. Since then, work had been undertaken to address the issues raised. 53 20.4.2010 Audit

The Committee was presented with a report which indicated that progress to date had improved significantly in recent months, and that the Council was now up to date in relation to key milestones as identified by CIPFA. The report highlighted the areas of work that had been covered, the impact on the Balance Sheet at 1 April 2009, and made comment on the other statements and accounts affected, e.g. the Housing Revenue Account, Group Accounts, Revenue and Capital. Further work to be undertaken over the next eighteen months was highlighted, including training of Members and staff.

The Interim IFRS Advisor informed Members that the final balance sheet for 1 April 2009 was as close as it could be at this point, but would be subject to further change as issues arose during the 2009/10 closure of accounts. The IFRS papers from the External Audit Training provided prior to the meeting dealing with key technical difference and the checklist for Members were handed out and a discussion took place over the issues raised. Members were pleased with the capacity that the Interim IFRS Advisor had created in the finance team. The Assistant Director (Resources)/Section 151 Officer advised that the postholder was to continue in employment for a further period to assist with the IFRS accounts.

RESOLVED – That

(1) the report be noted; and

(2) the Management Team be requested to ensure that resources are available to meet future milestones.

REGULATORY FRAMEWORK

AUD/074 Update on Annual Governance Statement Action Plan

The Local Code of Corporate Governance had initially been approved and adopted by Full Council in May 2008 and had been reviewed by the Audit Committee in November 2008 and November 2009. The Code was consistent with the principles of the CIPFA/SOLACE framework “Delivering Good Governance in Local Government”.

The Annual Governance Statement, incorporated in the Statement of Accounts for 2008/2009, had been agreed by this Committee in June 2009. It explained how the Council complied with the Code, identified areas of weakness and included an Action Plan to address these weaknesses. Progress on the Action Plan had been reviewed by this Committee in November 2009 and the Committee’s Work Programme also required a review of progress in implementing the improvements detailed in the Action Plan at this meeting. The Committee was requested to consider forming a Panel to assess the current Annual Governance process and action plan and, although Members acknowledged the need for this, they felt that the Panel would not be able to meet until after the forthcoming Elections.

Members were presented with a copy of the 2009-09 Action Plan (by exceptions) and officers explained the current position.

The Assistant Director (Resources)/Section 151 Officer presented a progress report on Final Governance and a Covalent report. Out of a total of 22 reports, 18 had been completed and four were outstanding. There was still time to address these areas and these were highlighted on the appendix to the report. Progress to date had been provided as part of the Annual Governance Statement. 54 20.4.2010 Audit

RESOLVED – That

(1) progress in implementing the Annual Governance Statement Action Plan be noted; and

(2) an Audit Panel meeting be held at 2.00 p.m. on 21 May 2010 to scrutinise the draft Annual Governance Statement for 2009/2010 and make recommendations for this Committee at its meeting in June for introducing improvements.

AUD/075 Audit Committee Annual Report

The terms of reference of the Committee required the Chairman to report annually to the Council on its work for the year. Consideration was given to a draft Annual Report which summarised the activities of the Committee during 2009/10.

Key changes were that there would be more meetings with the internal and external auditors in the future.

RESOLVED – That the Audit Committee Annual Report 2009/10, as attached to the report, be submitted to the Annual Council meeting on 18 May 2010.

AUD/076 POTENTIAL FINANCIAL ISSUES

It was requested that the progress against the Workforce Development Plan be included on the Agenda for the June meeting.

The Assistant Director (Resources)/Section 151 Officer stated that the Workforce Plan would be put on Covalent and the progress against it be reported to future Audit Committees.

RESOLVED – That a performance report for the Workforce Plan be provided to a future Audit Committee meeting.

AUD/077 ANNOUNCEMENTS

The Chairman, on behalf of the Committee, wished Councillor Pru Jupe best wishes for a speeding recovery following her recent stay in hospital

Councillor Kevin Lancaster expressed thanks to the Chairman, Councillor Stephen Coleman, for his work with the Committee during the past year.

The meeting ended at 9.00 p.m. 39 4.03.2010 Community Services

COMMUNITY SERVICES OVERVIEW AND SCRUTINY COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the District Council Chamber at South Lakeland House, on 4 March 2010, at 2.00 p.m.

Present

Councillors

Mary Wilson (Chairman) Clare Feeney-Johnson (Vice-Chairman)

Kath Atkinson Jane Carson Brian Cooper Joss Curwen Colin Davies Anne Hall Chris Hogg Janette Jenkinson Sonia Lawson Vivienne Rees David Vatcher Mark Wilson

Co-opted Members

Margaret Akrigg Leith Hallatsch Charles Howarth

Apologies for absence were received from Councillors Roger Bingham, Jackie Cooper, Maureen Nicholson and Ian Stewart.

Officers

Lawrence Conway Corporate Director (Communities) Ian Elleray Community and Housing Manager Chris Kelly Assistant Scrutiny Officer Emma Ludlam Scrutiny Officer Ron Matthews Scrutiny Support Officer Matthew Neal Solicitor to the Council Lucy Reynolds Senior Strategy/Affordable Housing Officer

Also present at the meeting were Paul Holdsworth from South Lakes Action on Climate Change (SLACC) and Windermere Allotments Group, Lynne Huxley, Senior Housing Officer at South Lakes Housing and Dave Ronald, Chief Executive Officer of Lakes Leisure.

CSOS/079 MINUTES

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meetings of the Committee held on 18 January and 20 January 2010. 40 4.03.2010 Community Services

CSOS/080 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that Councillor Clare Feeney-Johnson declared an interest in Minute No. CSOS/086 and Co-optees Margaret Akrigg and Charles Howarth declared interests in Minute No. CSOS/088.

CSOS/081 DECLARATION OF PARTY WHIP

RESOLVED – That it be noted that there were no declarations of any party whip on any of the issues to be discussed on the Agenda.

CSOS/082 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no items in Part II of the Agenda.

CSOS/083 PUBLIC PARTICIPATION

RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received.

CSOS/084 FORWARD PLAN

Members discussed the removal of Bathing Water site designation at Aldingham, Bardsea and Newbiggin. It was reported by the Corporate Director (Communities) that this was based upon a report by the Environment Agency and was solely concerned with these areas not being safe places to swim and was not in relation to the quality of the beaches at these sites. He said that he would distribute copies of this report to Members.

RESOLVED – That the Forward Plan be noted.

CSOS/085 OVERVIEW AND SCRUTINY CO-ORDINATION BOARD

The Chairman gave Members a summary of the Co-ordination Board meeting of 16 February. It was reported to the Committee that the Board had discussed Emergency Planning, results of the Place Survey Scrutiny Review and a review of the Call-in Process.

RESOLVED – That the update be noted.

Note – Councillor Clare Feeney-Johnson declared a prejudicial interest in the following item of business by virtue of the fact that she was on the South Lakes Leisure Board of Trustees.

CSOS/086 LAKES LEISURE – REPORT OF THE TRUSTEES

The Chief Executive Officer of Lakes Leisure presented Lakes Leisure’s annual report to the Committee. He drew particular attention to the Statement of Financial Activities and also noted that the concept of the Trust was that all profits would be re-invested into their operations.

Members thanked the Chief Executive Officer for the information provided. Members questioned how the organisation intended to successfully secure grants in the future. It was reported that Lakes Leisure were to use Consultants to aid the securing of funding. It was stated that their aim to rely less on SLDC funding due to the current economic climate. 41 4.03.2010 Community Services

It was highlighted that Lakes Leisure had spent £1.3 million on refurbishments in the last seven years. However, refurbishments would be continually investigated as a priority, in order to compete with the Private Sector. It was also reported that they were currently looking into developing partnership working with Kendal Judo Club.

RESOLVED – That the presentation and report be noted.

CSOS/087 REVIEW OF LICENCES FOR LAND FOR USE AS ALLOTMENTS AND A REQUEST FOR A REVIEW ON LOCAL FOOD PRODUCTION

Paul Holdsworth presented a request for Overview and Scrutiny to consider a review of Licenses for Land Use as Allotments and a review of Local Food Production, as a subject for a Task and Finish Group. He reported that there was considerable demand for growing space across the District yet in many places, such as Windermere, Bowness and Troutbeck Bridge, there were no public Allotments.

The Solicitor to the Council then provided the Committee with legal advice on the subject of Allotments. He advised them of the difference between Statutory and temporary Allotments. He also advised that the granting of land to use as Allotments was within the remit of Parish Councils, not the District Council.

Members were sympathetic to the aims of SLACC and Windermere Allotments Group and wanted to support their ambitions. They felt that although this could certainly be put forward as a possible subject for a Task and Finish Group, when it ultimately came to deciding which topics to review, the Committee would have to consider whether they could ‘add value.’

RESOLVED – That

(1) the report from SLACC and Windermere Allotments Group be noted; and

(2) the topic be added to a list of review suggestions, to be considered for inclusion and prioritisation in the Committee’s Work Programme in the new municipal year.

Note – Co-optees Margaret Akrigg and Charles Howarth declared personal interests in the following item of business due to being members of the Tenants Committee.

CSOS/088 CUMBRIA CHOICE BASED LETTINGS ALLOCATION POLICY REPORT

The Community and Housing Manager introduced the report on the Allocation policy. He stated that there would be opportunities to review and amend the Allocation policy in the future. The Senior Strategy/Affordable Housing Officer then presented the report. She highlighted changes to the Policy and drew particular attention to the priority banding system and how having a local connection would have an impact.

Members were also informed that a lot of work had already been undertaken to ‘market’ the changes to the Policy and how to use the system to those that would be affected. 42 4.03.2010 Community Services

Concerns were raised over how people would be able to use this system as not everybody had access to the internet. The Senior Housing Officer at South Lakes Housing ensured Members that this system would not be exclusively web-based. Members were also advised that there were several tiers of appeal system should people want to challenge which banding they were in.

RESOLVED – That

(1) the Allocation Policy that was to be fed back to the Cumbria Partnership as part of the consultation process be noted; and

(2) the Choice Based Letting Allocation Policy be supported in principle, subject to any amendments which may be made as a result of the general consultation process.

The meeting ended at 4.30 p.m. 43 11.03.2010 Community Services

COMMUNITY SERVICES OVERVIEW AND SCRUTINY COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the District Council Chamber at South Lakeland House, on Thursday 11 March 2010, at 9.00 a.m.

Present

Councillors

Mary Wilson (Chairman) Clare Feeney-Johnson (Vice-Chairman)

Kath Atkinson Jane Carson Brian Cooper Jackie Cooper Joss Curwen Colin Davies Julie Dawson Janette Jenkinson Sonia Lawson Maureen Nicholson Vivienne Rees David Vatcher

Co-opted Members

Charles Howarth Leith Hallatsch

Apologies for absence were received from Councillors Roger Bingham, Clive Graham, Chris Hogg, Clive Leal and Ian Stewart and Co-opted Member Margaret Akrigg.

Officers

Lawrence Conway Corporate Director (Communities) Chris Kelly Assistant Scrutiny Officer Emma Ludlam Scrutiny Officer Ron Matthews Scrutiny Support Officer (seconded) (for part) Matthew Neal Solicitor to the Council Peter Ridgway Chief Executive Also in attendance were Councillors James Airey, Brenda Gray, Colin Hodgson, Kevin Lancaster and Peter Thornton.

CSOS/089 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that Councillors Kevin Lancaster and Vivienne Rees declared personal interests, and Councillors Brenda Gray and Peter Thornton declared prejudicial interests, in Minute No. CSOS/093.

CSOS/090 DECLARATION OF PARTY WHIP

RESOLVED – That it be noted that there were no declarations of any party whip on any of the issues to be discussed on the Agenda. 44 11.03.2010 Community Services

CSOS/091 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no items in Part II of the Agenda.

CSOS/092 PUBLIC PARTICIPATION

RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received. Note - Councillor Kevin Lancaster declared a personal interest in the following item of business by virtue of the fact that he was a member of the Yorkshire Dales National Park Authority and Councillor Vivienne Rees declared a personal interest in the following item of business by virtue of the fact that she was a member of the Lake District National Park Authority. Councillors Brenda Gray and Peter Thornton declared a prejudicial interest in the following item by virtue of the fact that they were Cabinet members. CSOS/093 CALL-IN EXECUTIVE DECISION NO. EX/300 – CONSULTATION RESPONSE – LAKES TO DALES LANDSCAPE DESIGNATION PROJECT

The Chairman invited the Councillors who had requested that the Executive Decision be called in, to present their reasons to the Committee for this request. Councillor Kevin Lancaster reported that Cabinet had accepted most of the proposals put forward by the Member Working group. However, Cabinet had not supported proposals to hold a plebiscite within Parishes included within the boundary extension proposals and those that were adjacent to the proposed extensions. He stated that by doing this the Council would be able to gauge the true feelings of residents within these areas in relation to the extension proposals.

Councillor Colin Hodgson also highlighted concerns that areas outside the proposed boundary extensions could inadvertently be affected too. He explained how the restriction on the provision for housing was even greater within the National Park, which would therefore result in greater difficulties being found in housing outside the National Park boundaries.

The Chairman then invited the Councillor Brenda Gray, the Housing and Development Portfolio Holder, to make her report. She felt that a plebiscite would not adequately address the issues of concern that residents had. She reminded the Committee that the consultation on this issue was open until 17 March and anybody was able to respond until then, whether that be as individuals or as organisations.

The Solicitor to the Council then advised that a plebiscite could not be held in any event as this would form the basis of a binding decision. Instead, Members were informed that the opinions of residents could be sought through a poll. However, it was questioned whether this would ‘add value’ to the consultation as this was effectively what the consultation was seeking to achieve anyway.

He also advised that there would be a time-scale problem if a poll were to be held. He informed the Committee that, at present, Natural England were in the second phase of the process which was due to finish on 17 March, marking the end of the consultation process. If Natural England were to then make a designation to extend the boundaries of the National Parks, the Secretary of State would allow another chance for members of the public to express their views. The Secretary of State would also have a wider remit to consider the views of the Parishes. He advised that this stage of the process would be a more suitable time to hold a poll. 45 11.03.2010 Community Services

Councillors Brenda Gray and Peter Thornton then left the meeting and the Chairman invited the Committee to discuss the topic. It was estimated by the Solicitor to the Council that the cost of a poll would be equivalent to that of a by-election.

RESOLVED – That the decision be accepted with the caveat that, if a designation goes to the Secretary of State, there be full consultation conducted by the District Council and other partners.

The meeting ended at 10.05 a.m. 35 23.3.2010 Human Resources

HUMAN RESOURCES COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in District Council Chamber at the Town Hall, Kendal, on Tuesday, 23 March 2010, at 1.00 p.m.

Present

Councillors

Sylvia Emmott (Chairman)

Alan Baverstock Clare Feeney-Johnson Colin Hodgson Graham Vincent

Apologies for absence were received from Councillors Roger Bingham, Tom Harvey and Mary Wilson.

Officers

Inge Booth Democratic Services Officer Phillipa Cook Corporate Director (Vision and Strategy) Michael Keane Assistant Director (Social Enterprise) Shelagh McGregor Assistant Director (Resources)/Section 151 Officer Debbie Storr Corporate Director (Monitoring Officer) Andrea Wilson Human Resources Service Manager

HR/067 MINUTES

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 19 February 2010.

HR/068 MINUTES OF APPEALS SUB-COMMITTEE

RESOLVED – That the minutes of the meeting of the Appeals Sub-Committee held on 2 March 2010 be received and the Chairman of the Sub-Committee be authorised to sign them as a correct record.

HR/069 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that no declarations of interest were made.

HR/070 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That the items in Part ll of the Agenda be dealt with following the exclusion of the press and public. HR/071 LOCAL AREA PARTNERSHIP CO-ORDINATOR The Corporate Director (Vision and Strategy) reported that Local Area Partnerships were an important priority for the Council in improving its community engagement and locality delivery of service. As part of the interim support arrangements agreed with Key Partners, the Council had committed to provide a full-time Local Area Partnership Co-ordinator, initially on a temporary basis to 31 March 2010, and subsequently a full-time permanent post from 1 April 2010. The Corporate Director (Vision and Strategy) highlighted the fact that both the County Council and the Police had already contributed officer support for Local Area Partnerships. 36 23.3.2010 Human Resources

Attention was drawn to an error in the Local Area Partnerships Co-ordinator Job Description in that reporting responsibility should be to the Partnerships and Communities Manager.

Members recognised the importance of demonstrating the Council’s commitment to Local Area Partnerships through the provision of appropriate staff support.

RESOLVED – That Council be recommended to confirm the permanent establishment of the post of Local Area Partnership Co-ordinator, as detailed within the report.

HR/072 STAFFING STRUCTURE REVISION

The Assistant Director (Social Enterprise) asked the Committee to consider a variation to the establishment structure with Social Enterprise. The variation consisted of two elements relating to the posts of Senior Tourist Information Centre Officer (Kendal) and two Civil Enforcement Officers, and would be almost cost neutral.

The Corporate Director (Monitoring Officer) advised Members that future adjustments might be required as the new Social Enterprise structure, which had brought together several services, evolved.

In addition, the Corporate Director (Monitoring Officer) asked Members to consider whether it would be appropriate for the Human Resources Committee to request delegated authority from Full Council to approve minor amendments to the staffing establishment which did not have significant financial consideration.

Some discussion took place on the definition of “significant financial consideration” and it was suggested that there would need to be an identifiable budget for such changes to be approved by the Committee.

Note – Additional information was provided in the Part II Appendix to the 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 Appendix were excluded, as it contained information as described in Schedule 12A of the Act as follows:-

- Information relating to any individual. (Paragraph 1)

RESOLVED – That

(1) Council be recommended to approve the following:- (a) deletion within the staff establishment of the vacant Senior Tourist Information Centre Officer post and creation of a new Kendal Tourist Information Centre and Town Hall Support Assistant post; and (b) deletion within the staff establishment within the Social Enterprise Service of the two vacant Civil Enforcement Officers posts and to establish three new posts of Westmorland Shopping Centre Parking Attendants; and 37 23.3.2010 Human Resources

(2) Council be requested to delegate authority to the Human Resources Committee to approve minor amendments to the staffing establishment of the Council provided that such changes do not have any significant financial impact and can be met from within existing budgets.

HR/073 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.

HR/074 JOINT CONSULTATIVE PANEL MINUTES

- Information relating to any consultations or negotiations , or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority. (Paragraph 4)

RESOLVED - That the minutes of the meeting of the Joint Consultative Panel held on 25 January 2010 be received.

HR/075 EDEN/SOUTH LAKELAND JOINT CONSULTATIVE FORUM MINUTES

- Information relating to any consultations or negotiations , or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority. (Paragraph 4)

RESOLVED - That the minutes of the meetings of the Eden/South Lakeland Joint Consultative Forum held on 26 January and 12 February 2010 be received.

The meeting ended at 1.30 p.m. 13 11.03.2010 Joint Community Services and Resources Overview and Scrutiny Committees

JOINT COMMUNITY SERVICES AND RESOURCES OVERVIEW AND SCRUTINY COMMITTEES

Minutes of the proceedings at a meeting of the Joint Overview and Scrutiny Committees held in the Town Council Chamber at the Town Hall, Kendal on Thursday 11, March 2010, at 2.00 p.m.

Present

Councillors

Kath Atkinson Norman Bishop-Rowe Jane Carson Brian Cooper Jackie Cooper Joss Curwen Colin Davies Clare Feeney-Johnson Colin Hodgson Janette Jenkinson Sonia Lawson Ian McPherson Maureen Nicholson Vivienne Rees David Vatcher Mark Wilson Mary Wilson

Co-opted Members

Leith Hallatsch Charles Howarth David Peters John Short

Apologies for absence were received from Councillors Roger Bingham, Julie Dawson, Clive Graham, Chris Hogg, Clive Leal, Ian Stewart and Brian Wilkinson and Co-opted Member Margaret Akrigg.

Officers

Chris Kelly Assistant Scrutiny Officer Emma Ludlam Scrutiny Officer Ron Matthews Scrutiny Support Officer Peter Ridgway Chief Executive Debbie Storr Corporate Director (Monitoring Officer)

Also present at the meeting was the Policy, Performance and Resources Portfolio Holder, Councillor Andy Shine.

CS/R/026 APPOINTMENT OF CHAIRMAN FOR THE MEETING

RESOLVED – That Councillor Vivienne Rees be elected Chairman for the joint meeting.

CS/R/027 MINUTES

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the joint meeting of the Committees held on 2 February 2009. 14 11.03.2010 Joint Community Services and Resources Overview and Scrutiny Committees

CS/R/028 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that no declarations of interest were made.

CS/R/029 DECLARATION OF PARTY WHIP

RESOLVED – That it be noted that there were no declarations of any party whip on any of the issues to be discussed on the Agenda.

CS/R/030 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no items in Part II of the Agenda.

CS/R/031 PUBLIC PARTICIPATION

RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received.

CS/R/032 FUTURE DIRECTION FOR SCRUTINY

The Scrutiny Support Officer presented a report on the Future Direction of Scrutiny. The Joint Committees considered the proposed changes to the way in which the scrutiny function operated at SLDC.

There was considerable debate on the proposed change of a reduction in the number of Committee Members. It was generally agreed that both Committees were too large at present, especially when compared with the sizes of Scrutiny Committees at other authorities. The debate focused upon whether the Committees should be reduced to ten or twelve Members. It was noted that all non-executive Members would still have the ability to participate in the scrutiny function through Task and Finish Groups.

The Committee then considered other possible changes to the way in which the scrutiny function operated. In particular, Members felt that there did need to be an equalisation of the workload between each Committee. Members also agreed to the changing of the protocol of the procedure for asking questions at Committees and making this protocol available for inspection by all those attending meetings, as detailed in the report, would be good practice.

Further to these changes, it was felt that the meeting room layout should allow for a clear demarcation between Committee Members and those being interviewed. It was also felt that pre-meetings should be held prior to Committee meetings in order to discuss and agree the approach to be taken for items on the agenda. Councillors Norman Bishop-Rowe and Joss Curwen wanted their concerns noted that that this may give the impression that items were being pre-judged. The Scrutiny Support Officer advised that care would be taken to ensure that pre-meetings would be to focus on a line of questioning, not to debate or decide any issues.

Members also agreed the further changes to the scrutiny function that were detailed within the report with the understanding that the changes that had been approved and implemented would be formally reviewed approximately six months after implementation. 15 11.03.2010 Joint Community Services and Resources Overview and Scrutiny Committees

RESOLVED – That

(1) it be recommended to Council that there be a reduction in the membership of each Overview and Scrutiny Committee to twelve Members, exclusive of co-opted Members;

(2) the following be agreed to take effect from the start of the new municipal year:

a) a reconsideration of the terms of reference of the Overview and Scrutiny Committees to allow for an equalisation of workload between each Committee;

b) when considering an item on the agenda at a Committee meeting, after questions have been put by Members of the Committee, other Members of the Council present, followed by any members of the public present, will be permitted to ask questions on the issue under discussion, following which the Committee will then reach its decision on the item;

c) a protocol be drafted explaining the procedure for taking questions at meetings, which will be made available to all present at meetings;

d) the meeting room layout for Overview and Scrutiny Committees should provide clear demarcation between Committee members and Scrutiny Support Officers, and those being interviewed, other Officers in attendance and observers;

e) pre-meetings be held immediately prior to each Overview and Scrutiny Committee meeting, to afford members the opportunity to discuss and agree with the Chairman the approach to be taken with regard to each item on the agenda;

f) Portfolio Holders, together with other representative individuals be invited to attend Overview and Scrutiny Committees on a regular basis and as part of a structured annual Committee Work Programme;

g) the work of Scrutiny in the local community be promoted with the aim of generating greater public interest and involvement;

h) the role and remit of the Overview and Scrutiny Coordination Board be reconsidered;

i) Chairmen will consider, if appropriate, holding some Committee meetings at various times of the day; and

j) any changes implemented be formally reviewed approximately six months after implementation. 16 11.03.2010 Joint Community Services and Resources Overview and Scrutiny Committees

CS/R/033 DRAFT PETITIONS SCHEME

Under the Local Authorities (Petitions) (England) Order 2009, the Council was required to draw up a Petitions Scheme which would give local people a right to a public response if they signed a petition. A draft petition Scheme had been produced and was presented to the Committee by the Corporate Director (Monitoring Officer).

Members considered the thresholds to be used for the number of signatures required to trigger the various types of petition. They felt that the figure in the draft scheme for Petitions that would require a debate by Full Council was acceptable but that the figure for Petitions to hold a Senior Officer to account should be lowered from 1000 to 500.

It was also reported that Local Authorities would have a duty to provide a facility for e-petitions. However, it was noted that this element of the duty would have to be deferred until the Council had the technology in place to be able to practicably effect it.

RESOLVED – That it be recommended to Council that

(1) the Petition scheme, amended as detailed above, be adopted to take effect from when the regulations come into force; and

(2) the consequential amendments to the Council’s Constitution be approved.

CS/R/034 CONSTITUTION REVIEW

The Corporate Director (Monitoring Officer) presented a report on a review of the Council’s Constitution. It was noted that this was an interim review and that further changes would be required before the end of the year, following consultation around the strong leadership model, and the final decision by Members arising from changes required under the Local Government and Public Involvement in Health Act 2007.

Members agreed the changes put forward except for the reference to change to “Chair”. They felt that the reference in the Constitution to “Chairman” should remain as “Chairman.” It was also proposed that there be a Member Champion for Local Area Partnerships.

RESOLVED – That the review of the Constitution be noted and changes recommended to Council as detailed in the report with the exception of the change to “Chair,” and the addition of a Member Champion for Local Area Partnerships.

The meeting ended at 12.55 p.m. 15 24.3.2010 Licensing

LICENSING COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the District Council Chamber, Kendal, on Wednesday, 24 March 2010, at 2.00 p.m.

Present

Councillors Jo Stephenson (Chairman)

James Airey Kathleen Atkinson Norman Bishop-Rowe Joss Curwen Sylvia Emmott Clare Feeney-Johnson Frank Hodson Jamie Samson Hilary Stephenson Ian Stewart

Apologies for absence were received from Councillors Sheila Eccles, Clive Graham (Vice-Chairman) and Brendan Jameson.

Officers

Janine Jenkinson Assistant Democratic Services Officer

Nicola Hartley Solicitor

Dave Spedding Licensing and Enforcement Officer

L/027 MINUTES

Councillor Norman Bishop-Rowe stated that his concerns regarding the level of staffing in terms of enforcement of the Gambling Policy had not been fully recorded at Minute No.L/025. He requested that the sentence be amended to read ‘Councillor Norman Bishop-Rowe expressed his concern regarding the staffing levels and training in terms of enforcement of the Gambling Policy’.

RESOLVED – That, subject to the inclusion of the amendment as detailed above, the Chairman be authorised to sign, as a correct record, minutes of the meeting of the Committee held on 26 January 2010.

L/028 MINUTES OF LICENSING SUB-COMMITTEE

RESOLVED – That the minutes of the meeting of the Licensing Sub-Committee held on 29 January 2010 be received and the Chairman of the appropriate Sub-Committee sign them as a correct record.

L/029 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that the following declarations of interest were made:-

(1) Councillor Norman Bishop-Rowe – Minute L/032;

(2) Councillor Joss Curwen – Minute L/032; and 16 24.3.2010 Licensing

(3) Councillor Frank Hodson – Minute L/032.

L/030 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no excluded items on the Agenda.

L/031 PUBLIC PARTICIPATION

Sarah Ibbottson, a taxi driver from Windermere, spoke in objection to the proposed variation. She raised issues relating to the high property prices and living costs in the South Lakeland area in comparison with other regions of Cumbria and stated that taxi drivers had to work extensive hours in order to earn a living wage. She urged the Committee not to support the increase in Hackney Carriage fares.

RESOLVED – That the representation be noted.

Note – Councillors Norman Bishop-Rowe and Joss Curwen declared personal interests in the following item of business due to being Members of the taxi forum.

L/032 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – PROPOSED VARIATION OF HACKNEY CARRIAGE FARES

Further to public notice of the Committee’s decision to vary the Hackney Carriage fares a total of thirty-five objections had been received. Twenty-three letters of objections had been received from Hackney Carriage proprietors throughout the area and twelve objection letters had been received by members of the public who lived in the Ulverston area.

Fourteen taxi proprietors throughout the area and eleven members of the public who lived in Ulverston had made representations objecting to the change in respect of tariff 2 relating to the hours set by the Council. The Licensing Officer advised Members that the letters were identical and had therefore not been attached to the report; the letters were circulated to the Committee. Full copies of the representations are available on the Democratic Services file.

A lengthy discussion took place. It was highlighted that the proposed fees represented the maximum charge level and did not prevent a lower tariff being applied.

RESOLVED – That

(1) the following fares be approved:-

(a) if the distance does not exceed 1609 metres (one mile) for the whole distance - £3.00;

(b) for each subsequent 161 metres - £0.20p; and

(c) waiting time for each period of one minute - £0.20p;

(2) the following extra charges be approved:-

(a) for hiring begun between 12 p.m. and 7.00 a.m. – 50% of the above rate of fare; 17 24.3.2010 Licensing

(b) on statutory Bank Holidays, Christmas Eve and New Years Eve, double the above rates may apply;

(c) soiling charge, a charge may be requested if the passenger/s soils the vehicle – this was not to exceed £60.00; and

(d) for each person in excess of two (provided that for this purpose two children under 11 years of age shall count as one person) – 50p; and

(3) the Corporate Director (Monitoring Officer) be authorised, in accordance with Section 65 of the Local Government (Miscellaneous Provisions) Act 1976, to give public notice of the Council’s intention to vary the hackney carriage table of fares accordingly, as detailed above.

The meeting ended at 2.45 p.m. 91 25.3.2010 Planning

PLANNING COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the Council Chamber at South Lakeland House, Kendal, on 25 March 2010, at 10.00 a.m.

Present

Councillors

Paul Little (Chairman) Ian McPherson (Vice-Chairman)

Alan Baverstock Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott Brenda Gray Frank Hodson Janette Jenkinson Kevin Lancaster Sonia Lawson Maureen Nicholson David Williams Mary Wilson

An apology for absence was received from Councillor Clive Graham. Officers

Barry Jackson Planning Officer Janine Jenkinson Assistant Democratic Services Officer Matthew Neal Solicitor to the Council Andy Roe Development Control Manager

P/128 MINUTES

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 25 February 2010.

P/129 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that the following declarations of interest were made:-

(1) Councillors Alan Baverstock, Jane Carson, Brain Cooper, Frank Hodson, Janette Jenkinson, Kevin Lancaster and Mary Wilson – Minute P/132 (Planning Application No. SL.2009/0601);and

(2) Councillor Frank Hodson - Minute P/132 (Planning Application No.SL/2009/1135); and

(3) Development Control Manager, Andy Roe – Minute P/134 (10.045 Netherfield Sports Cricket Grounds, Parkside Road, Kendal).

P/130 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no items in Part II of the Agenda.

P/131 PLANNING APPLICATIONS

The Development Control Manager submitted a Schedule of Planning Applications and his recommendations thereon. 92 25.3.2010 Planning

RESOLVED – That

(1) the applications be determined as indicated below (the numbers denote the Schedule numbers of the application);

(1) except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and

(2) except where stated below, the reasons for refusal be those as outlined in the Schedule.

Note – Councillor Alan Baverstock declared a personal and prejudicial interest in the following item of business, by virtue of being a member of Arnside Area of Natural Beauty and South Lakelanders Opposed to the Gateway (SLOG) prior to becoming a Councillor. He left the Council Chamber during the discussion and voting thereon.

Councillor Jane Carson declared a personal interest in the following item of business, by virtue of being a member of Cumbria Wildlife.

Councillor Brian Cooper declared a personal and prejudicial interest in the following item, by virtue of being a personal friend of a shareholder of the L & K Group Plc. He left the Council Chamber during the discussion and voting thereon.

Councillor Janette Jenksinon declared a personal interest in the following item of business, by virtue of being a colleague on the Standards Committee with Trevor Wilson, a Director of the L&K Group Plc.

Councillor Kevin Lancaster declared a personal and prejudicial interest in the following item of business, by virtue of being a customer of the Auction Mart. He left the Council Chamber during the discussion and voting thereon.

Councillor Frank Hodson declared a personal interest in the following item of business, by virtue of being a member of Lancaster Canal Trust.

Councillor Mary Wilson declared a personal interest in the following item of business, by virtue of being a neighbour of Trevor Wilson, a Director of L & K Group Plc.

P/132 PUBLIC PARTICIPATION

Planning Applications

RESOLVED – That the following applications, for which representations have been received from members of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:-

1.SL/2009/0601 PRESTON RICHARD: Deepthwaite, Milnthorpe. Erection of auction mart and associated agricultural business units; construction of access; drainage facilities; alterations to B6385 near to Crooklands Bridge. (L & K Group PLC) 93 25.3.2010 Planning

The Planning Officer summarised the details of the application and highlighted that the Committee had undertaken a site visit prior to the meeting.

John Dootson, on behalf of South Lakelanders Opposed to Gateway (SLOG), Ian McMurdo, Chairman of Milnthorpe Angling Association and on behalf of the Trustees of South Cumbria Rivers Trust, Drusilla Pickthall also on behalf of Dorothy Constantine and Mr and Mrs Knight, spoke in objection to the application. Full copies of their speeches have been recorded on the Democratic Services file.

The Committee also heard representations in objection to the application from Ron Dixon, Derek Calrow, Charles Haigh, Frances Haigh, Grant Bramwell, Don Harding. Full copies of their speeches have been placed on the Democratic Services File.

Mr Brian Barden, from Barden Planning Consultants, responded on behalf of the applicant. He addressed the main issues that had been raised during public participation. With regard to the adequacy of the road network and traffic generation, he stated that the level would be acceptable in this location and that improvement works to the road network and Crooklands Bridge associated with the application would benefit the site. Members were reassured that all necessary drainage/sewage requirements would be adhered to. In relation to comments raised regarding the location he asserted that the site was suitable to accommodate this form of development. Lastly, he advised that the financial viability of the scheme was not a planning matter for Members consideration.

The Planning Officer reported receipt of a total of 407 letters of objection and 620 letters of support. He read out in full the content of a generic letter that had been received from a number of supporters. He also reported that the Association of Independent Meat Suppliers supported the application.

A lengthy discussion took place in which Members gave consideration to all the pertinent issues raised by the application.

REFUSE – due to the following reasons (suitably worded) :-

(1) traffic and sustainability issues, the lack of satisfactory information relating to projected traffic levels;

(2) adverse landscape impact due to the scale and extent of proposal; and

(3) impact on residential amenity due to increased activity / traffic.

94 25.3.2010 Planning

Note – Councillor Frank Hodson declared a personal interest in the following item of business, by virtue of being a member of Arnside Area of Outstanding Natural Beauty Trust.

3.SL/2009/1135 ARNSIDE: Hollins Farm, Far Arnside. Extension to caravan and camping site with replacement facility building and new sewage treatment plant and associated landscape works. (Holgates Caravan Parks Ltd)

Councillor Ian Stewart, local Ward Member, spoke in objection to the application. He drew attention to Cumbria County Highways comments detailed in the report and advised that he had sought further clarification regarding their response. He stated that Cumbria County Highways had not submitted a formal objection due to their mistaken perception that the proposal related only to the land that benefited from a Lawful Development Certificate.

Colin Patrick, Chairman of Arnside/Silverdale Area of Outstanding Natural Beauty Landscape Trust spoke in objection to the application. A full copy of his submission is available on the Democratic Services File.

Ron Ireland, a resident of Cove Road, Silverdale, Mr Webb, on behalf of the Arnside and District Natural History Society and Ineke Fisher spoke in objection to the application. Full copies of their representations are available on the Democratic Services file.

Lucy Barron, spoke on behalf of Arnside and Silverdale Areas of Outstanding Natural Beauty. She encouraged the Committee to refuse the application due to the increase in vehicular activity and detrimental impact on the landscape. In addition, she highlighted that the application would be contrary to Local Plan policies. Rowena Lord spoke in objection to the development. A full copy of her representation is available on the Democratic Services file.

Mr Brian Barden, from Barden Planning Consultants, responded on behalf of the applicant. He advised the Committee that the applicants had offered to relinquish permitted development rights associated with the site and would not pursue the Appeal against the Enforcement Notice for adjacent land for which they believed they had established use rights. With regard to the local roads serving the site he asserted that the perceived problems would not be perpetuated by the development. In relation to concern regarding the use of blue chipping for the hardstanding he advised that the applicant was willing to give further consideration to the type of material used.

A lengthy discussion took place in which Members considered all the issues that had been raised. On balance it was felt that the visual impact of the development, lack of lighting details and the increase in traffic generation were sufficient to justify the 95 25.3.2010 Planning

refusal of planning permission.

REFUSE

P/133 COMPLEX PLANNING APPLICATIONS

RESOLVED – That the following applications be determined in the manner set out:-

2.SL/2009/1132 LOWER ALLITHWAITE: Part of OS 8270, Blenket Farm, Jack Hill, Allithwaite, Grange over Sands. Erection of two agricultural buildings, formation of yard areas and agricultural access with associated landscaping (Retrospective). (Mr Richard Whitton)

Consideration of this application had been deferred at the last Planning Committee meeting in order to undertake a site visit. Members had now had the opportunity to fully assess the proposal in relation to the location.

Members concluded that the easternmost building was acceptable. However the western building was more prominent and had resulted in the loss of the landscape screening in part. On the basis that the applicant had offered to remove the western building on his retirement in three years times, it was considered that this should be given a temporary consent only.

GRANT – subject to temporary consent only for building on the western side and the re-instatement of land with new landscaping as part of an overall scheme to replace that which had previously been lost.

4.SL/2009/1138 ALDINGHAM: Canterbank Farm Leece, Ulverston. Agricultural worker’s dwelling. (Mr Brian Cooper)

The Land Agency Manager at Lancashire County Council had concluded that there was no functional need for the construction of an agricultural workers dwelling.

Therefore, due to the recommendation of the agricultural appraisal, Members felt the proposed development could not be supported.

REFUSE – due to lack of functional need for the additional dwelling on the farm being evidenced.

5.SL/2010/0084 GRANGE OVER SANDS: Greaves Wood Lodge, Allithwaite Road, Grange over Sands. Dwelling. (Mr & Mrs R and K Carmichael)

The Committee was updated on consultee responses received. Grange Town Council had raised objections to the application due to insufficient evidence of an Environmental Impact Assessment. Natural England had requested that a bat and bird survey be carried out and that an ecological survey be carried out before the tree on the site was removed. 96 25.3.2010 Planning

An objection had been received from a neighbouring resident. Concerns raised related to the scale of the development, parking arrangements, the presence of a limestone pavement, the proximity of the application to the tree root area and a request that the development be limited to a single storey dwelling.

The Development Control Manager reported that a detailed tree survey had been provided to the satisfaction of the Council’s Arboriculturist. An ecological survey covering bats and birds would be requested prior to the determination of the reserved matters. It was also felt reasonable to impose a condition requiring the building to be single storey to meet the neighbour’s concerns.

On balance, the proposal was considered to be acceptable in this location.

GRANT – outline consent subject to the following conditions:-

(1) standard outline time limit;

(2) standard outline condition (all matters reserved);

(3) the submission of a bat/breeding birds study and ecological survey prior to submission of reserved matters application;

(4) details of floor/site levels being agreed;

(5) tree protection measures during the construction period being agreed; and

(6) the development being limited to a single storey dwelling only.

6.SL/2010/0103 KENDAL: Former Webbs Garden Centre, Burneside Road, Kendal. Revised scheme for planning permission SL/2007/1196 Block D (Change from 2 houses to 4 apartments) and Block G (change from 15 to 23 apartments). (Mr Mike Dowse)

The application had been withdrawn prior to the Committee meeting.

WITHDRAWN

7.SL/2010/0110 NATLAND: Adjacent to 8 Watercrook Farm, Natland, Kendal. Removal of Condition No.2 (Local Occupancy) on Planning Permission SL/2009/0110). (Mr S Jelley) 97 25.3.2010 Planning

Natland Parish Council had not raised any objections in principle to the application but considered that the alternative condition recently used to ensure occupancy as a sole or primary residence was appropriate.

The Development Control Manager advised Members that the alternative condition was an appropriate compromise, given that the site was outside the Kendal boundaries. This would be consistent with other recent applications of the Local Occupancy condition.

GRANT – subject to an alternative occupancy condition requiring the dwelling to be occupied as the sole or primary residence only (standard revised condition).

Note – Andy Roe, Development Control Manager, declared a personal and prejudicial interest in the following item of business, by virtue of being a member of Netherfield Sports Cricket Club and a Director of the County Football Association that had funded the development. He left the Council Chamber during the discussion and voting of - 10.045 Netherfield Sports Cricket Grounds, Parkside Road, Kendal.

P/134 ENFORCEMENT ACTIVITY FROM 25 DECEMBER 2009 TO 22 JANUARY 2010

Members were presented with a report on enforcement activity between 25 December 2009 and 22 January 2010. Four outstanding cases from the enforcement caseload had been resolved. Thirteen new complaints had been recorded and were being investigated, of which three had been resolved.

09.193 26 Sedbergh Drive, Kendal

Complaints had been received from neighbours of the above property. The owners of 26 Sedbergh Road had erected a 1.8 metre high fence to the Northern boundary. The fence was not in keeping with the openness of the area and was regarded as unacceptable development in this location.

The owners had indicated that they were not willing to reduce either the height or the position of the fence. Therefore, Members authorisation was sought to take all necessary enforcement action to either remove the fence or reduce it to the permitted height of 1 metre.

10.022 Lime Kiln, Sunbrick Lane, Baycliff Farm

It had been brought to the attention of the Enforcement Officer that unauthorised development of an agricultural building within the site had commenced. It was also reported that another previously approved building had been built at the wrong height.

It was felt that this form of development was unacceptable in this location, due to its openness and prominent siting in open country side with views from the A 5087 coast road and the adjacent bridleway. 98 25.3.2010 Planning

10.041 Whitefoot, Burneside

A complaint had been received regarding the building works being carried out in the field to the south of Whitefoot House. Further to a site visit the Enforcement Officer had confirmed that hardcore ready to receive concrete and a septic tank with soak away had been installed. Members’ authorisation was sought to remove the hardcore and septic tank.

10.045 Netherfield Sports Cricket Grounds, Parkside Road, Kendal.

Planning permission for the erection of a sports changing block and viewing area had been granted, details in the application had stated that the colour of the roof would be a dark Merlin Grey. A site visit had been carried out and the agent had confirmed that the roof was a much lighter Goose Wing Grey which was almost white in appearance. Therefore, authorisation was sought to change the colour of the roof.

RESOLVED – That

(1) the report be received;

(2) in respect of 09.193 26 Sedbegh Drive, Kendal, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to secure the removal or reduction of the fence to the permitted height of 1 metre;

(3) in respect of 10.022 Lime Kiln, Sunbrick Lane, Baycliff Farm, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement powers to secure the removal of the unauthorised structure and that the approved building was reduced to the correct height;

(4) in respect of 10.041 Whitefoot, Burneside, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to secure the removal of the hardcore and septic tank; and

(5) in respect of 10.045 Netherfield Sports Cricket Grounds, Parkside Road, Kendal, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to secure a change of colour of the roof so that it was consistent with the terms of the Planning Permission.

P/135 A REPORT ON THE OUTSTANDING ENFORCEMENT CASELOAD BETWEEN 1 JANUARY 2004 AND 22 JANUARY 2010

RESOLVED – That the report be noted.

P/136 ENFORCEMENT ACTIVITY FOR 2009

Members were informed about enforcement activity during 2009. The report advised on the number of complaints that had been received, Notices that had been served, prosecutions, the number of resolved cases and cases that remained outstanding.

RESOLVED – That the report be noted. 99 25.3.2010 Planning

P/137 APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 16 FEBRUAURY AND 12 MARCH 2010

RESOLVED – That the report be noted.

P/138 APPEALS UPDATE AT 12 MARCH 2010

RESOLVED – That the report be noted.

P/139 APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL

RESOLVED – That the report be noted.

The meeting ended at 1.30 p.m.

19 11.3.2010 Resources

RESOURCES OVERVIEW AND SCRUTINY COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the Georgian Room, the Town Hall, Kendal, on Thursday, 11 March 2010 at 2.00 p.m.

Present

Councillors

Vivienne Rees (Chairman) Sheila Eccles (Vice-Chairman)

Norman Bishop-Rowe Colin Davies Colin Hodgson Ian McPherson David Vatcher Mark Wilson Mary Wilson

Co-opted Members

David Peters John Short

Apologies for absence were received from Councillors Roger Bingham, Jackie Cooper, Chris Hogg and Brian Wilkinson.

Officers

George Holme Procurement and Contracts Manager (part)

Janine Jenkinson Assistant Democratic Services Officer

Emma Ludlam Scrutiny Officer

Ron Matthews Interim Scrutiny Support Officer

Shelagh McGregor Assistant Director (Resources) / Section 151 Officer

Simon Mcvey Assistant Director (Customer Focus) (part)

Matthew Neal Solicitor to the Council

Helen Smith Strategic Finance Manager (part)

Also in attendance were Councillors Andy Shine and Hilary Stephenson.

ROS/050 MINUTES

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 5 January 2010.

ROS/051 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that Councillor Norman Bishop-Rowe declared an interest in Minute No. ROS/058. 20 11.3.2010 Resources

ROS/052 DECLARATION OF PARTY WHIP

RESOLVED – That it be noted that there were no declarations of any party whip on any of the issues to be discussed on the Agenda.

ROS/053 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no items in Part II of the Agenda.

ROS/054 PUBLIC PARTICIPATION

RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received.

ROS/055 MEDIUM TERM FINANCIAL PLAN

At the heart of the Medium Term Financial Plan was the need to ensure the Council both individually and in partnership was able to resource the major corporate priorities set out in the Community Strategy, the Corporate Plan and the Local Area Agreements.

The Plan indicated that the Council’s finances were currently in a relatively sound condition. However the delivery of corporate capital priorities would require additional resources that would result in revenue budget deficits.

A trend of increased expenditure and reduced income seen during 2009/10 was likely to continue during 2010/11 as a result of increased demands on services and the current economic climate reducing income. Projections of spend and income suggested a budget deficit on the General Fund building by around £500,000 per year. Redirection of resources totalling £2.1 million would be needed by 2013/14 to achieve a sustainable budget.

The Committee was advised of a package of measures that would address the budget deficit. Budget reductions would be based on strategic fit and alternative methods of service delivery.

In addition the Council would be seeking to maintain and expand its income from fees and charges by optimising income, seeking an annual increase in income from fees and charges with the intention of altering the balance of costs between the service users and council taxpayers generally.

Some discussion took place regarding procurement. Recently savings had been made through the effective procurement of the waste collection and grounds maintenance services. The Strategic Finance Manager advised Members that procurement in partnership with other local authorities enabled effective savings to be made. The Committee was reassured that the evaluation of tenders took account of both the quality and cost of the service provided.

The Committee welcomed the report but requested that in future the Medium Term Financial Plan be presented for Members consideration prior to the Budget being agreed by Full Council.

RESOLVED – That

(1) the current status of the Medium Term Financial Plan be noted; and 21 11.3.2010 Resources

(2) the Assistant Director (Resources)/Section 151 Officer be asked to circulate the draft Medium Term Financial Plan to all Councillors prior to its submission to Full Council.

ROS/056 CAA: ORGANISATIONAL ASSESSMENT

Consideration was given to the Comprehensive Area Assessment (CAA): Organisational Assessment. The Assessment detailed the effectiveness of South Lakeland District Council and how it delivered outcomes. Overall South Lakeland District Council had performed adequately.

The Council had scored level 1 for its management of resources. Members were informed that the score reflected the absence of a formal workforce plan. The Council had undergone a restructuring process, further to the completion of the restructure a workforce plan was being developed to meet the Key Lines of Enquiry (KLOE) requirements and address the perceived weaknesses which had been identified by the Audit Commission. A self assessment review had indicated that the Council had now reached level 2 for the use of resources theme.

Councillor Andy Shine advised Members that a report would be presented to the Council’s Audit Committee and consideration would be given to the areas highlighted by the Audit Commission as requiring further actions.

RESOLVED – That

(1) the CAA: Organisational Assessment be noted;

(2) and the comments raised at the meeting, as detailed above be noted; and

(3) the Assistant Director Resources/ Section 151 Officer be asked to circulate to the Overview and Scrutiny Resources Committee copies of the report that was to be presented to the Audit Committee.

ROS/057 PROGRESS AGAINST ICT SCRUTINY REPORT

Councillor Hilary Stephenson presented to the Committee an update report that outlined the changes that had been made and were planned to the Information Communications Technology (ICT) service. The Committee welcomed the presentation and noted the progress that had been made against the recommendations detailed in the report. Particular attention was drawn to Recommendation 1. Members felt that the replacement of the ineffective equipment had been fundamental to the improvement of the ICT service.

Members were advised that the ICT Services Department had undergone a restructure that would officially be adopted on 1 April 2010. The structure would create a pool of 5 ICT Officers and mechanisms for the sharing of expertise and knowledge within the Group.

With regards to the information presented at Appendix 1 of the report, the Assistant Director (Customer Focus) reported that a survey of all Council staff had been undertaken to establish a bench mark against which to measure the performance of the ICT Department compared with other organisations. Further analysis of the information would be undertaken and the ICT service would be reviewed every 6 months as a standard practice. 22 11.3.2010 Resources

RESOLVED – That

(1) progress against the recommendations made in the ICT Scrutiny Report be noted; and

(2) the results of the recent ICT survey be received.

Note – Councillor Norman Bishop-Rowe declared a personal interest in the following item of business, by virtue of being the Ward Member for Ulverston Central.

ROS/058 PROCUREMENT AND COMMISSIONING STRATEGY 2010-2015

Further to EX/215 (2009/10) the Committee gave consideration to the Procurement and Commissioning Strategy 2010-2015.

The Procurement and Contracts Manager presented the new five year Procurement and Commissioning Strategy and highlighted the priority areas and strategic objections for procurement. The new Strategy addressed developments in procurement policy with regard to recommendations from the Transformational Government Agenda and the Sustainable Procurement Report.

Members were advised that the adoption of the Strategy would assist the Council in achieving its efficiency targets and any future imposed targets. The importance of having a ‘needs led’ approach to the delivery of cost effective and high quality services was stressed.

Some operational queries were raised regarding contractual arrangements. The Solicitor to the Council reassured Members that the Legal Services Department advised on all contracts and measures were taken to ensure service delivery.

The Committee welcomed the report and thanked the Officer for his presentation.

RESOLVED – That the Procurement and Commissioning Strategy 2010-2015 be noted.

The meeting ended at 4.05 p.m. 17 13.4.2010 Standards

STANDARDS COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the Georgian Room at Town Hall, Kendal, on 13 April 2010, at 2.00 p.m.

Present

Councillors

Jonathan Brook Janette Jenkinson Mark Wilson

Independent Members

Pat Ford (Vice-Chairman) Jim Morrison (Chairman)

Parish Members

Jeff Barker Elwyn Bradshaw Trevor Wilson (for part)

Apologies for absence were received from Councillor Peter Thornton and Independent Member David Thomas. Officers

Chris Kelly Assistant Scrutiny Officer Debbie Storr Corporate Director (Monitoring Officer)

S/042 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 9 February 2010. S/043 MINUTES OF STANDARDS ASSESSMENT SUB-COMMITTEE

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the Standards Assessment Sub-Committee held on 29 January 2010 as a correct record.

S/044 MINUTES OF STANDARDS REVIEW SUB-COMMITTEE

RESOLVED - That the Chairman be authorised to sign, as a correct record, the minutes of the Standards Hearing Sub-Committee held on 29 January 2010 as a correct record.

S/045 MINUTES OF STANDARDS HEARING SUB-COMMITTEE It was noted that this had been a lengthy process. The Corporate Director (Monitoring Officer) stated that in future they would seek to see how they could determine matters within shorter timescales, but clearly this was very much dependent on the nature of the case being investigated and availability of witnesses. 18 13.4.2010 Standards

RESOLVED - That the Chairman be authorised to sign, as a correct record, the minutes of the Standards Hearing Sub-Committee held on 15 February 2010 as a correct record.

S/046 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that no declarations of interest were made.

S/047 LOCAL GOVERNEMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no excluded items on the Agenda.

S/048 FEEDBACK FROM PARISH TRAINING

The Corporate Director (Monitoring Officer) reported the feedback from the recent four Parish Training sessions. It was felt that these sessions had been well received but poorly attended. It was suggested that in the Work Programme for the following year, the Committee could look at how to improve engagement with Parish Councils.

It was noted that Local Area Partnerships would soon come into effect and that there may be an opportunity to encourage Standards training at Partnership meetings. It was requested that Parish Members of the Committee raised the issue in their Parish Council meetings in a bid to ascertain what the barriers to attendance were.

It was suggested that South Lakeland District Council running a ‘roadshow’ which visited Parishes, may be an option in the attempt to improve awareness of Standards. This would be dependant upon the availability of resources.

It was suggested that a synopsis detailing what the training would entail should be circulated amongst the Parish Councils in an attempt to increase attendance levels at training sessions. The Corporate Director (Monitoring Officer) indicated that Parish Clerks would be sent information to include on their agendas.

RESOLVED – That

(1) the report be noted; and

(2) the suggestions noted above for future training, be included in the Committee’s Work Programme.

S/049 ANNUAL RETURN 2010

The Corporate Director (Monitoring Officer) summarised the contents of the Annual Return 2010. This summary highlighted areas which the Committee might wish to consider in the forthcoming year.

Some discussion was had around the Annual Report and information provided within the Return. It was requested that the Annual Report be clearly separate when published on the Authority’s website on the Standards page instead of being amongst the rest of the Committee’s Papers. It was also requested that this document should be sent as a hard copy to all Parish Councils. It was felt that this might encourage Parish Councillors to attend training sessions. 19 13.4.2010 Standards

Members also discussed a magazine that the Parish Councils were sent that was generally felt to be well read at Parish meetings. The Corporate Director (Monitoring Officer) requested that a copy of this magazine was made available to her.

RESOLVED – That the Annual Returns 2010 be noted and that a copy be attached to the Committee’s Annual Report to full Council.

S/050 AUDIT COMMISSION KEY LINES OF ENQUIRY – ETHICAL FRAMEWORK AND BENCHMARK FOR EFFECTIVE STANDARDS COMMITTEES

The Corporate Director (Monitoring Officer) introduced the use of resources submission for 2009/2010, and the benchmark for effective standards committees produced by Standards for England.

Consideration was given to the benchmarks for effective standards committees produced by the Standards for England, which provided indicators of a well- functioning committee. It was felt that overall the Committee was in good stead and was comfortably achieving many of these benchmarks.

Members considered whether it would be possible to attract a greater public involvement as a means to promote the work of the Committee. It was agreed that should the Committee be able to organise some ‘roadshows,’ then these would be a good vehicle for this.

Members stated their interest in discovering how Standards for England would assess and rank their performance. It was also felt that it would prove difficult to generate a great deal of public interest unless there was a high-profile case.

It was suggested by the Corporate Director (Monitoring Officer) that a questionnaire be drafted to judge the satisfaction of both parties in the procedure of a Standards Hearing.

RESOLVED – That the report be received.

S/051 ETHICAL STANDARDS – ANNUAL REPORT

As part of the Committee’s objectives of monitoring the operation of the Code of Conduct and the Committee’s role in promoting and maintaining high ethical standards, the Committee produced an annual report to Full Council. Consideration was given to the draft report for 2009/10.

It was requested that Members of the Standards Committee be named in the report and that a paragraph be added on the subject of complaints against Members and timescales for dealing with initial assessments.

RESOLVED – That the draft be amended according to the above changes and be referred to Full Council.

S/052 LOCAL STANDARDS 2.0 – THE PROPORTIONALITY UPGRADE? A REVIEW OF THE LOCAL STANDARDS FRAMEWORK

The remit of the review was to consider the proportionality and effectiveness of the local standards framework and to make recommendations for improvement to the Department for Communities and Local Government. 20 13.4.2010 Standards

The review was undertaken to ensure the arrangements for regulating local politician / regulatory arrangements were reviewed on a regular basis to ensure they were robust.

There was some discussion regarding Recommendation 2, which would give the Chairman, acting with the advice of the Monitoring Officer, the ability to determine what happens to an allegation. It was felt that this seemed somewhat contradictory with plans to increase the openness in the Committee’s workings.

RESOLVED – That the review be noted.

S/053 ETHICAL GOVERNANCE CONFERENCE 2010

The Corporate Director (Monitoring Officer) reported that the provisional date for the Conference was 12 November 2010. She requested that a Working Group be formed from Members of the Standards Committee, in order to discuss the theme, the audience and finer details of the Conference. The Working Group would also consider speakers and the issue of potential charging for attendance at the event.

RESOLVED – That a Working Group consisting of the Chairman, Vice-Chairman and Parish Member, Elwyn Bradshaw, liase with the Corporate Director (Monitoring Officer) to consider the arrangements for the Conference.

S/054 STANDARDS FOR ENGLAND – LOCAL GOVERNMENT STANDARDS AND ETHIC AWARD

The Committee was presented with information regarding the entry requirements and general criteria for the Standards for England awards. It was felt that the Committee could consider whether they wished to form a Working Group to discuss a potential bid for an award, during the Work Programme for 2010.

RESOLVED – That the criteria be noted.

S/055 STANDARDS BOARD FOR ENGLAND – BULLETINS

It was noted that the agenda should have made reference to the new title of Standards for England rather than Standards Board.

The Corporate Director (Monitoring Officer) advised Members of the recent quickguide issued around use of blogging and social networking sites, and this information had been circulated to all Members for information.

RESOLVED – That the information be noted.

S/056 WORK PROGRAMME

It was agreed that, in addition to what was already planned for the 2010 work programme, the November Conference, the possibility of entering for a Standards for England award, and gathering feedback from Standards Hearings, should be included.

RESOLVED – That the Work Programme, with the above inclusions, be agreed.

The meeting ended at 3.40 p.m. 3 2.3.2010 Appeals

APPEALS SUB-COMMITTEE

Minutes of the proceedings at a meeting of the Sub-Committee held in the Georgian Room at the Town Hall, Kendal, on Tuesday, 2 March 2010, at 2.00 p.m.

Present

Councillors

Sylvia Emmott Colin Hodgson Hilary Stephenson

Officers

Janine Jenkinson Assistant Democratic Services Officer Simon Mcvey Assistant Director (Customer Focus) Andrea Wilson Human Resources Service Manager

Also in attendance was Jonathan Holden, a Solicitor, acting as an independent legal adviser to the Council.

APP/006 ELECTION OF CHAIRMAN

RESOLVED – That Councillor Sylvia Emmott be elected Chairman of the Sub- Committee for the meeting.

APP/007 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that Councillor Hilary Stephenson declared an interest in Minute No. APP/010.

APP/008 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That the item in Part II of the Agenda be dealt with following the exclusion of the press and public.

APP/009 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 item of business on the grounds that it involves 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 Paragraph indicated.

Note – Councillor Hilary Stephenson declared a personal interest in the following item of business by virtue of being Central Services Portfolio Holder and having been involved in the ICT Review.

APP/010 APPEAL – 2010/001

- Information relating to any individual. (Paragraph 1)

Following introductions, the Chairman advised all present of the correct procedure to be followed during the appeal hearing. 4 2.3.2010 Appeals

The appellant was in attendance, and was accompanied by Viv Procter (UNISON Branch Secretary).

Following presentation of written and oral statements, questions were put to the appellant and his representative and to the Council representative. The appellant and his representative and the Council’s representative were also provided with an opportunity to raise questions. The cases for the appellant and the Council were then summed up.

Members then considered the submissions in private, assisted only by the Adviser to the Panel. The meeting was later reconvened to hear the decision of the Panel.

The Chairman advised that the Sub-Committee had listened very carefully to the facts that had been presented, and had reached a unanimous decision. The Chairman stated that a letter confirming the Sub-Committee’s decision would be sent to the appellant within five working days.

The Chairman read out the decision as follows -

RESOLVED – That

(1) the original decision by Management be upheld; and

(2) a letter confirming the Sub-Committee’s decision be sent to the Appellant within five working days of the Appeal.

The meeting ended at 4. 10 p.m. 43 29.03.2010 Licensing Sub-Committee

LICENSING SUB-COMMITTEE

Minutes of the proceedings at a meeting of the Sub-Committee held in the District Council Chamber, South Lakeland House, Kendal, on Monday, 29 March 2010 at 2.00 p.m.

Present

Councillors

Joss Curwen Sylvia Emmott Brendan Jameson

Officers

Nicola Hartley Solicitor Tony Houlihan Licensing and Enforcement Officer Chris Kelly Assistant Scrutiny Officer

LSC/087 ELECTION OF CHAIRMAN RESOLVED – That Councillor Brendan Jameson be elected as Chairman for the meeting. LSC/088 APOLOGIES AND RECONSTITUTION OF MEMBERSHIP There was no change in membership of the Sub-Committee, and therefore no reconstitution of the membership was necessary. LSC/089 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that no declarations of interest were made.

LSC/090 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no excluded items on the Agenda.

LSC/091 PUBLIC PARTICIPATION

RESOLVED – That there were no items in this part of the Agenda.

LSC/092 INTRODUCTION

The Chairman introduced the Members of the Sub-Committee and those in attendance, and read out the procedure for the meeting to be used for consideration of the applications.

LSC/093 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – MR N MACDONALD – APPLICATION FOR HACKNEY CARRIAGE DRIVER’S LICENCE.

The Licensing and Enforcement Officer presented a report on the application for a Hackney Carriage Driver’s licence in the light of certain convictions recorded against the applicant. Members were requested to determine, following the representations made at the meeting, whether to grant or to refuse the application. 44 29.03.2010 Licensing Sub-Committee

Mr MacDonald presented his case to the Sub-Committee. He provided the Sub- Committee with details of the convictions recorded against him and stated that the offences had been committed when he was a lot younger. He stated that he was now responsible and could be trusted with the role.

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public, in making its decision, on the basis that legal advice would be received on possible legal proceedings arising from the decision being exempt information under Paragraph 12 of Schedule 12A of the Local Government Act 1972.

RESOLVED – That having heard the facts of the case and having heard the representation made by Mr MacDonald, it be considered that:

(1) Mr MacDonald is a fit and proper person to hold a Hackney Carriage Drivers Licence and he be granted a Hackney Drivers licence for a period of 12 months;

(2) Subject to no further offences being recorded against the applicant during the 12 month period from the granting of the licence, delegated authorisation be given to the Licensing officer to renew the licence for a further 12 month period; and

(3) Should further offences be recorded against the applicant, the applicant must report such offences to the Council and any subsequent applications be brought back to the Sub-Committee.

The applicant was informed of his right to appeal to the Magistrates Court within 21 days following notification of the Licensing Sub-Committee’s decision, if he was dissatisfied with the conditions applied to the licence.

Meeting ended at 2.35 p.m. 339 w.e. 5.3.2010 Executive Decisions

EXECUTIVE DECISION NOTICE

CABINET

A record of the decisions made at the meeting of the Cabinet held on Wednesday, 3 March 2010, 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 (part) Graham Vincent Economic Prosperity and Transport Portfolio Holder

An apology for absence was received from Councillor Brenda Woof (Environment and Sustainability Portfolio Holder).

Also in attendance at the meeting were Shadow Executive Members James Airey (Deputy Leader of the Opposition and Environment and Sustainability Portfolio), Roger Bingham (Housing and Development Portfolio), Brian Cooper (Central Services Portfolio), Colin Hodgson (Leader of the Opposition and Promoting South Lakeland Portfolio) and Janette Jenkinson (Economic Prosperity and Transport Portfolio).

Shadow Executive Members Tom Harvey (Policy, Performance and Resources Portfolio) and David Williams (Communities and Well Being Portfolio) had tendered their apologies for absence.

Also in attendance at the meeting were Councillors Alan Baverstock and Kevin Lancaster. In addition, Robin Brown, Member of the Board of South Lakes Housing, and John Sykes, Housing Stock Options Project Manager, were present.

Officers

Inge Booth Democratic Services Officer Helen Coffey Communications Officer Lawrence Conway Corporate Director (Communities) Phillipa Cook Corporate Director (Vision and Strategy) John Dyer Strategic Partnerships and Performance Manager (part) Ian Elleray Community and Housing Manager Michael Keane Assistant Director (Social Enterprise) Shelagh McGregor Assistant Director (Resources)/Section 151 Officer Peter Ridgway Chief Executive Debbie Storr Corporate Director (Monitoring Officer) David Sykes Assistant Director (Community Investment and Development) 340 w.e. 5.3.2010 Executive Decisions

STANDING ITEMS/MONITORING REPORTS

EX/288 EXECUTIVE DECISION NOTICES

RESOLVED – That the Chairman be authorised to sign, as correct records, the Executive Decisions made during the weeks ending 5, 12 and 19 February 2010.

* * * * * * * * * * * *

EX/289 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that Councillors Colin Hodgson and Janette Jenkinson declared interests in EX/296.

* * * * * * * * * * * *

EX/290 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That the item in Part II of the Agenda be dealt with following the exclusion of the press and public.

* * * * * * * * * * * *

EX/291 PUBLIC PARTICIPATION

RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received.

* * * * * * * * * * * *

EX/292 HEALTH AND SAFETY COMMITTEE

RESOLVED – That the minutes of the meeting of the Health and Safety Committee held on 11 January 2010 be received.

* * * * * * * * * * * *

EX/293 FORWARD PLAN

RESOLVED – That the contents of the Forward Plan covering the period 1 March to 30 June 2010 be noted.

* * * * * * * * * * * * GENERAL EXECUTIVE MATTERS EX/294 BERNERS CLOSE REGENERATION SITE – GRANGE-OVER-SANDS - PROGRESS REPORT AND CONSIDERATION OF CHANGE TO AN ELEMENT OF THE PROPOSED DEVELOPMENT Summary At EX/255 (2009/10), Members had been asked to consider a change to one element of the scheme as originally proposed by Berners Vision Partnership and that one of the Partners be permitted to introduce a ‘sub-developer’ to deliver the proposed element of change. 341 w.e. 5.3.2010 Executive Decisions

It had been suggested that, as the change affected that part of the scheme which had been led by public consultation, consideration of the item should be deferred to allow a dialogue on the proposed changes to be undertaken.

It was reported that officers had attended further meetings with South Lakes Hotels to gather additional information in respect of how the revised proposal would work in terms of potential linkage between the leisure facility and the remainder of uses on the site and including the Lido site. South Lakes Hotels had provided additional information of a commercial nature, details of which were included in the Part II Appendix to the report.

Grange Town Council had considered and was supportive of the revised proposal.

In presenting the report, Councillor Peter Thornton referred to the history of the site and to the Berners Vision Partnership’s scheme to address the issues through provision of residential development, a health centre, a new public car park, a retirement hotel and leisure facility, a footbridge across the railway, redevelopment of the former open air pool, with provision of a fitness studio, café and gardens.

Councillor Thornton pointed out that the amendments to the scheme were sought by the Partnership due to the downturn in the economic climate. He felt that the profit potential of the site was sufficient to provide for the restoration of the Lido and footbridge, as well as a stand-alone leisure block. He also stressed that the new leisure block would be modest in design and that it would be energy efficient. The key focus was that it would be a commercial operation to be run by experts in the field of leisure, and would work as part of the whole package, with the restaurant on the Lido site.

Councillor Thornton expressed his thanks to the Assistant Director (Community Investment and Development) for the tremendous effort he had put into the project.

The Assistant Director (Community Investment and Development) wished to clarify that the introduction of a “sub-developer” did not mean the inclusion of another “partner”.

Note – Additional information was provided in a Part II Appendix 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 Appendix were excluded, as it contained information as 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) 342 w.e. 5.3.2010 Executive Decisions

Decision

RESOLVED – That the following be approved:-

(1) the principle of change of part of the scheme, from ‘Retirement Hotel’ to ‘Extra Care Accommodation’;

(2) the respective partner of the Berners Vision Partnership may introduce a sub developer (as detailed in the body of the report) to deliver part of the changed scheme as per Resolution (1);

(3) the negotiation proceeds on the development agreement and ground leases, taking account of the issues referred to in paragraph 4 of the Part II accompanying report;

(4) the principle that the Council becomes the owner of the proposed new footbridge, subject to the costs of provision and maintenance being met by the development; and

(5) a further report is to be brought to Cabinet, considering the detailed terms of the development agreement, leases and the implementation timetable.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Best Place to Live – Key Project 12 – Deliver regeneration schemes – Grange Parks for People and Berners Close.

In addition, the redevelopment of the Berners Regeneration Site accords with recommendations in the Grange Regeneration Study, a study endorsed by Cabinet as guiding the regeneration of the Town and the development of spatial planning policy.

Alternative Options Considered and Rejected

Not to approve Berners Vision Partnership’s revised proposal. This option is not recommended as the re-development of part of the site would not proceed, placing at risk the overall scheme.

Not to approve that the Council become the owner of the proposed footbridge. This option is not recommended as it will present opportunity for Network Rail to refuse the placing of the bridge, putting at risk the redevelopment of the former open air pool and the loss of public benefit to be delivered by the scheme.

* * * * * * * * * * * * 343 w.e. 5.3.2010 Executive Decisions

EX/295 FUTURE OPTIONS FOR THE COUNCIL’S HOUSING STOCK

Note - Prior to consideration of the item, Mr John Sykes, Stock Options Project Manager, gave a short presentation to provide Cabinet with an overview of the Project, a copy of which is available on the Democratic Services file. He then answered questions raised by Members and officers.

Summary

Councillor Brenda Gray presented a report on progress on the Housing Stock Options Project. A project management structure had been designed and was presented for approval, together with the Project Board’s draft Terms of Reference. Draft objectives, against which options would be assessed, were presented. Finally, Members were asked to consider the appointment of Council representatives to serve on the Project Board.

The Chairman announced that Ian Elleray, Community and Housing Manager, would shortly be retiring following 30 year’s service with the Council. Shadow Cabinet Members joined the Chairman in thanking Ian for his hard work and commitment to the Council.

Decision

RESOLVED – That

(1) progress on the Housing Stock Options Project be noted;

(2) the following be approved:-

(a) the Project Management Structure;

(b) the draft Terms of Reference for the Project Board; and

(c) the draft Objectives; and

(3) the Housing and Development Portfolio Holder be appointed to serve on the Project Board and she be authorised to nominate the other Council representative.

Reasons for Decision

A key project within the Council’s Corporate Plan is to optimise the use and sustainability of the Council’s housing stock and estates in partnership with South Lakes Housing.

In addition, the decision links to the South Lakes Housing Business Plan 2007-11 – complete a strategic options review in consultation with tenants and other key stakeholders.

Alternative Options Considered and Rejected

Not to consider future options for the Council’s housing stock – not recommended.

* * * * * * * * * * * * 344 w.e. 5.3.2010 Executive Decisions

Note – Councillors Colin Hodgson and Janette Jenkinson declared personal interests in the following item of business by virtue of the fact that they were Members of Ulverston Town Council which had recently received a presentation on the subject. At this point in the proceedings, Councillor James Airey also declared a personal interest by virtue of the same reason.

EX/296 ULVERSTON CANAL

Summary

On 19 March 1974, Ulverston Urban District Council had sold Ulverston Canal and its immediate environs to Glaxo Laboratories Limited. The terms and conditions of the Conveyance for the property had then been transferred from the Urban District Council to South Lakeland District Council following implementation of the Local Government Act (1974). On 26 January 2010, South Lakeland District Council had received a letter from Eversheds Limited Liability Partnership acting on behalf of Glaxo Operations UK Limited (the successor in title of Glaxo Laboratories Limited). The letter informed the Council of Glaxo’s intention to sell the Ulverston Canal, the towpath and back drain to Ulverston Canal Company Limited (a company wholly owned by NPL Landcare Limited). However, before the sale could be completed, Glaxo was required under the 1974 conveyance to first offer to sell the Canal to the Council.

It was reported that a Canal Trust would be established on which a permanent seat would be offered to a Member of South Lakeland District Council and a Member of Ulverston Town Council.

The Council’s Legal Department and Norfolk Property Services had reviewed the original Conveyance, together with the letter from Eversheds. They had completed due diligence on the Company and were satisfied with the outcome.

In presenting the report, Councillor Graham Vincent advised Members that he had seen published evidence of NPL’s impressive track record of making purpose from derelict industrial sites.

Although Members were generally in support of the proposal, strong concerns were raised by Shadow Members with regard to future rights and as to whether the right of pre-emption for the Council to decide whether it wished to purchase the canal would transfer to the new owner.

The Chief Executive stressed the importance of taking up this opportunity and reminded Members of the Government’s general view of transferring assets into the community, where possible. He suggested that, should the recommendation to relinquish the Council’s right to purchase the Canal be approved, conversations be held with Glaxo and NPL with regard to the process and the possibility of transfer of the right of the pre-emption.

Decision RESOLVED – That (1) the Council relinquishes its right to purchase the Canal, thereby enabling the sale of the Canal to Ulverston Canal Company Limited, being a company wholly owned by NPL Landcare Limited; and (2) negotiations be entered into with regard to the process and the possibility of transfer of the right of the pre-emption. 345 w.e. 5.3.2010 Executive Decisions

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Work 2.3 Distinctive key services focus and drive economic activity.

Alternative Options Considered and Rejected

The Council could consider exercising its right to purchase the Canal. This option is discounted due to the significant liabilities that would transfer with Canal ownership.

* * * * * * * * * * * *

Note – At this point in the proceedings, Councillor Kevin Lancaster declared a personal and prejudicial interest in the following item of business by virtue of the fact that he was a Member of Sedbergh Parish Council, and left the Chamber during the discussion and voting thereon.

EX/297 RIVER BANK WITH FISHING RIGHTS RIVER RAWTHEY

Summary

Members were asked to consider, in principle, the grant of a long lease of a section of river bank with fishing rights to Sedbergh Parish Council.

Decision

RESOLVED – That the principle of the grant of a long lease of the land to the existing tenant, at an initial premium and nominal annual rent, be approved under the Section 123 exception arrangements, subject to the detailed terms and conditions being considered for approval under delegated powers.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – 1.5 Physical and mental health and well-being is improved for people in South Lakeland.

In addition, the decision links to the Corporate Property Strategy – Action Plan – Recommendation 7 – Continue to apply tests to potentially surplus properties to determine relevance and need in relation to service provision.

Alternative Options Considered and Rejected

Continue the existing leasing arrangements – not preferred because there is no good service reason to retain the property.

Offer the land for sale on the open market without restriction as to use – not preferred because it runs the risk of failing to provide community benefits.

Offer the land for sale on the open market by way of long lease but including the restriction on use. Any sale would need to be in accordance with the General Disposal Consent – not preferred as only expected purchaser on this basis would be the Parish Council and marketing costs would be incurred.

* * * * * * * * * * * * 346 w.e. 5.3.2010 Executive Decisions

EX/298 2010 CORPORATE PROPERTY STRATEGY/ASSET MANAGEMENT PLAN

Summary

The Council’s current Corporate Property Strategy had been approved and adopted in June 2008. A revised copy of the Strategy was presented which included updates to reflect changing circumstances. The Strategy set out a high level strategic overview of the Council’s corporate property portfolio and aided decision-making by relating the portfolio to the Council’s key corporate priorities. In addition, the Strategy incorporated the Council’s Asset Management Plan. The Strategy concluded with an action Plan to move the Strategy forward.

Councillor Andy Shine, in presenting the report, drew attention to the five main aims of the Strategy, and asked that an additional aim be included, namely to ensure reduction in the Council’s carbon footprint through energy efficiency in its properties.

The Chief Executive pointed out that the Strategy aligned with the Council’s Corporate Plan and its objectives.

Decision

RESOLVED – That, subject to the inclusion of the additional main aim as discussed at the meeting and outlined above, the revised Corporate Property Strategy, as attached to the report, be approved.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – 1.11 – The Council demonstrates value for money as a provider, commissioner and enabler of services – as demonstrated by effective management of its corporate assets. Other links to the Corporate Pan are set out in Section 3 (iii) pages 6 and 7 of the Strategy.

The Strategy also links with the Council’s Medium Term Financial Plan.

Alternative Options Considered and Rejected

Not to have a Corporate Property Strategy, in which case improvements in the management of the Council’s assets may not be achieved.

Not to approve this draft, in which case Members will need to suggest what amendments are required.

* * * * * * * * * * * *

EX/299 PARTNERSHIPS PROTOCOL

Summary

The Chairman reported that partnership working was now key in delivering key outcomes for the Council’s communities. The Audit Commission had identified the need for the Council to ensure governance arrangements for partnerships were robust. The Council had worked with Zurich Insurance to develop a Partnership Protocol which included processes and guidance to ensure that those partnerships with which it was involved had robust governance arrangements.

Members welcomed the Protocol. 347 w.e. 5.3.2010 Executive Decisions

Decision

RESOLVED – That

(1) the Partnerships Protocol be adopted and applied to partnerships to ensure they have effective governance arrangements; and

(2) the Partnerships Protocol be referred to the Local Strategic Partnership to ensure key partner commitment to the process involved.

Reasons for Decision

The delivery of the Council’s Corporate Priorities relies heavily on working in partnership with others to achieve shared outcomes.

The Community Strategy sets out community priorities and provides a structure for partnership working through the South Lakeland Strategic Partnership.

Alternative Options Considered and Rejected

Partnerships have an increasingly important role in assisting service delivery and improvement. Ensuring the partnerships with which the Council is involved have sound governance arrangements is essential.

* * * * * * * * * * * *

KEY DECISIONS

EX/300 LAKES TO DALES LANDSCAPE DESIGNATION PROJECT – PROPOSALS FOR EXTENSIONS OF THE LAKE DISTRICT AND YORKSHIRE DALES NATIONAL PARKS (KD10/002/H&D)

Summary

Councillor Kevin Lancaster addressed Cabinet, firstly on behalf of the Member working group which had formulated a response to the consultation, and secondly on behalf of residents of the Lune Valley, both within and beyond his Ward of Sedbergh. Councillor Lancaster wished to emphasise the working group’s recommendation that a plebiscite be arranged within the parishes affected. He also wished to emphasise that the responsibility to hold that plebiscite lay with South Lakeland District Council, who had a duty to promote democracy. He was of the opinion that this issue was a high priority for Natural England and that the Organisation was not allowing members of the community, who were going to be affected by the proposals, an opportunity to express their opinion. Councillor Lancaster advised the Cabinet that the local parish councils and meetings had expressed strong opposition to the proposed extension to the Yorkshire Dales National Parks boundary and were in support of holding a plebiscite. In addition, the Local Member of Parliament had indicated support for a plebiscite on the matter.

The Chairman advised that Councillor Lancaster’s comments would be taken into consideration and the Corporate Director (Monitoring Officer) suggested that a local opinion poll of that nature could be explored under the Local Government Act 2003, but this would need to be researched further. 348 w.e. 5.3.2010 Executive Decisions

Councillor Brenda Gray presented a report which described the consultation currently being undertaken by Natural England into the proposals for extending the boundaries of both the Lake District and Yorkshire Dales National Parks. A Member working group had been considering the proposals and had formulated a recommended response which, was attached as Appendix 2 to the report. A key question posed by the consultation was whether the Council agreed it was desirable to designate the proposed areas as extensions to the National Parks. Within communities and within the membership of the Council, it was understood that there was a strong diversity of opinion on this question. Cabinet was asked to consider the issues identified by the working group as a response to the consultation, however, Councillor Gray proposed that no comment be made with regard to whether the Council agreed it was desirable or not to designate the areas through offering a qualified support or objection to the proposals as per recommendations (4), (5), (6) and (7).

Councillor Roger Bingham who had also served on the Member working group was crucially concerned with regard to the increased pressure on development that the proposed extensions to boundaries would cause. He supported both Councillor Kevin Lancaster and the Local Member of Parliament in the proposal for a direct opinion poll.

The Assistant Director (Community Investment and Development) put forward views provided by Councillor Ian McPherson, Chairman of the Member working group.

In preparing its recommended response, the working group had:-

• considered how the proposals would affect the delivery of the Council’s priorities for the District;

• considered knowledge of how local communities and interest groups viewed the proposals;

• considered the Council’s role and duty in protecting the environment and how a ‘needs led’ approach would determine the most appropriate means of delivering environmental protection and enhancement;

• considered the likely recommendations of neighbouring District Councils and the County Council; and

• sought to apply experience of working with and representation on both National Park Authorities.

The working group’s deliberations had led it to recommend that there were sufficient concerns to object with qualification to the proposals and that its concerns be conveyed to Natural England as part of the response to the consultation.

The Chairman advised that recommendation (2) on the report best described Cabinet’s opinion on the matter and that there was no clear consensus with regard to recommendations (4), (5), (6) and (7). 349 w.e. 5.3.2010 Executive Decisions

Decision

RESOLVED – That

(1) the working group’s recommended response to the consultation (attached as Appendix 2 to the report) be noted;

(2) Natural England be advised that the Council recommends that future consideration of any Designation Order must take into account the views of all residents, in parishes included and adjacent to areas considered for designation, sought through a formal procedure;

(3) Natural England be informed of the issues, comments and considerations identified by the working group;

(4) the Assistant Director (Community Investment and Development) be authorised, in consultation with the Portfolio Holder (Housing and Development) and the chair of the Member working group, to finalise the consultation response, based upon the work of the Member working group and taking into account the comments and decision of Cabinet.

Reasons for Decision

The consultation is of significance to the District and communities it represents.

Alternative Options Considered and Rejected

Cabinet could decide not to respond to the consultation. This is not recommended as the consultation is of significance to the District and communities it represents.

Cabinet could agree to accept part or none of the advice of the Member working group and draw its own conclusion and decision on whether to support or object to the proposals.

If the Cabinet is minded not to object to the proposals, it could respond offering the concerns and issues raised by the working group with a clear statement that Natural England should investigate the issues further, prior to advising the Secretary of State on whether or not to proceed with a Designation Order.

* * * * * * * * * * * *

The meeting ended at 11.54 a.m. 350 w.e. 5.3.2010 Executive Decisions

DELEGATED DECISIONS

A record of delegated decisions made by officers week ending Friday, 5 March 2010.

The reports (unless exempt under Section 100(B)(2) of the Local Government Act 1972, 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 and, in all the circumstances of the case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing it) are available for inspection from the Democratic and Member Services Manager, South Lakeland House, Kendal.

EX/301 COUNCIL HOUSING STOCK OPTIONS – APPOINTMENT OF STOCK OPTIONS CONSULTANTS

(CORPORATE DIRECTOR (COMMUNITIES))

- Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3)

Summary

Following a tender process, consideration was given to the appointment of stock option consultants as part of the Council Housing Stock Options Project.

Decision

Tribal Group PLC be appointed as stock options consultants for the Council Housing Stock Options Project.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan of which a key project is to optimise the use and sustainability of the Council’s housing stock and estates in partnership with South Lakes Housing.

In addition, the decision links to the South Lakes Housing Business Plan 2007-11 – complete a strategic options review in consultation with tenants and other key stakeholders.

Alternative Options Considered and Rejected

The stock option consultants are a key element of the stock option study and there is really no alternative but to make this appointment.

* * * * * * * * * * * * 351 w.e. 5.3.2010 Executive Decisions

EX/302 INFORMATION XCHANGE REPOSITORY TENDER

(CORPORATE DIRECTOR (VISION AND STRATEGY))

- 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 award of a contract to build, implement and deliver an information repository to enable the sharing of customer information across key partner organisations in South Lakeland as part of the Older People Programme.

Decision

The contract to build, implement and deliver an information repository be awarded to Connected Concepts Limited.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Priorities within Live: South Lakeland Older People Need Led project with partners via the Local Strategic Partnership.

The decision also links to the Equality Policy, Older People Housing Strategy, Access to Services Policy and provides the Information Unit with significant customer insight.

Alternative Options Considered and Rejected

Not to award the contract and to return the grant money to NWIEP.

* * * * * * * * * * * *

EX/303 REPLACEMENT OF SEWAGE PUMPS AT FERRY NAB

(CORPORATE DIRECTOR (MONITORING OFFICER))

- 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 authorising an exception to the Council’s Contract Procedure Rules in respect of new boat sewage pumps at Ferry Nab following the flood damage.

Decision

(1) Specialist boat sewage pumps be purchased from Bruce Redpath Limited.

(2) Bruce Redpath Limited be appointed as main contractor for the installation of those specialist boat sewage pumps at Ferry Nab. 352 w.e. 5.3.2010 Executive Decisions

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – the Council demonstrates value for money as provider, commissioner and enabler of services.

In addition, to assist in the delivery of the Corporate Property Strategy – Action Plan 2 – Continue to assess the condition of property, calculate the backlog of maintenance and bid for funds to eliminate or keep the backlog at an acceptable level.

Alternative Options Considered and Rejected

To request quotations from additional suppliers. This would increase timescales involved and would not result in significant savings, if any.

* * * * * * * * * * * * 353 w.e. 19.3.2010 (1st part) Executive Decisions

EXECUTIVE DECISION NOTICE

DELEGATED DECISIONS

A record of delegated decisions made by officers week ending Friday, 19 March 2010 (first part).

The reports (unless exempt under Section 100(B)(2) of the Local Government Act 1972, 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 and, in all the circumstances of the case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing it) are available for inspection from the Democratic and Member Services Manager, South Lakeland House, Kendal. EX/304 RE-DEVELOPMENT OF BEEZON FIELDS SKATEPARK, KENDAL

(CORPORATE DIRECTOR (COMMUNITIES))

Summary

Further to EX/283 (2009/10), consideration was given to the continued use and re- development of Beezon Fields Skatepark to improve this wheeled sports provision for the young people of South Lakeland.

A group of local young people, assisted by Young Cumbria, had raised £60,000 towards re-developing and improving the skatepark, the total works of which were estimated to be £70,000.

A condition of the £60,000 grant raised by Young Cumbria required the funding to be spent before the end of the financial year 2009/10, hence the project construction needed to commence as soon as practically possible.

This facility would provide a physical and active sense of well being for the young people of South Lakeland. The Council would be able to work toward achieving its aim and objective of listening and taking action on behalf of the Community it represented, through the Corporate Plan.

Decision

(1) The continued use of the land at Beezon Fields, Kendal, for the provision of wheeled sports, be approved, and the redevelopment project be managed in partnership with Norfolk Property Services and Young Cumbria.

(2) The Council reallocates £10,000 from its existing 2009/10 Capital allocation to the project, this being the savings from the completed skatepark at Lightburn Park, Ulverston.

(3) Once developed, the Council will continue to insure and maintain the facility at a current cost of £917 per annum. 354 w.e. 19.3.2010 (1st part) Executive Decisions

Reasons for Decision

The newly refreshed Corporate Plan has identified the need to provide good quality facilities to meet the needs of young people, as well as using facility developments as a tool to raise the profile of the 2012 Olympic Games. Within the projects identified as part of the new Corporate Plan, Project 2 is encouraging the development of partnerships to improve local facilities. Project 9 is looking to understand and address the needs of young people. This project will help, in part, to achieve both.

The Local Area Agreement (NI 55) is to encourage stakeholders to engage with and provide better service for young people to increase the amount of opportunities for them to take part in physical activity.

By providing activities of this nature for young people, Cumbria Constabulary suggest that there is a direct benefit in the reduction of anti-social behaviour and fear of crime.

Alternative Options Considered and Rejected

Not allowing the redevelopment is an option, however, the park is not usable in its current condition. Not agreeing to redevelopment on this site would result in the loss of the £60,000 secured partnership funding as mentioned earlier in the report, and would hinder the achievement of a Corporate objective.

* * * * * * * * * * * * 355 w.e. 19.3.2010 (2nd part) Executive Decisions

EXECUTIVE DECISION NOTICE

DELEGATED DECISIONS

A record of delegated decisions made by officers week ending Friday, 19 March 2010 (second part).

The reports (unless exempt under Section 100(B)(2) of the Local Government Act 1972, 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 and, in all the circumstances of the case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing it) are available for inspection from the Democratic and Member Services Manager, South Lakeland House, Kendal. EX/305 LABGI SUPPORT FOR GREEN DOORS STUDIOS, KENDAL

(CORPORATE DIRECTOR (COMMUNITIES))

Summary

As a consequence of the recent fire at 112 Highgate, Kendal, consideration was given to a one-off business support grant to Green Doors Studios.

Decision

Funds of £3,230 be provided by way of a one-off urgent business support grant to Green Doors Studios for those individuals affected by the fire at 112 Highgate, Kendal.

Reasons for Decision

To assist in the delivery of the following priorities of the Council’s Corporate Plan:-

• “We will work with partners to understand sustain and grow South Lakeland’s economy for the benefit of its residents and tackle head on the economic challenges in the area.“

• “We will work with partners to ensure that everyone has opportunities to participate in culture and the arts and stay safe healthy and active.”

In addition, the decision links to the Cultural Strategy and to the Arts Strategy for South Lakeland.

Alternative Options Considered and Rejected

Not to support – not recommended. Green Doors Studios artists make a valuable contribution to the local creative economy.

* * * * * * * * * * * * 356 w.e. 19.3.2010 (2nd part) Executive Decisions

EX/306 LEASE OF LAND AT THE PROMENADE, GRANGE-OVER-SANDS

(CORPORATE DIRECTOR (COMMUNITIES))

Summary

Consideration was given to granting a lease to the Grange-over-Sands Town Council of an area of land being the Pavilion, Bowling Green, the Putting Green and the adjoining former Tennis Courts situated on the Promenade at Grange-over- Sands.

Decision

A lease be granted to the Grange-over-Sands Town Council of the area situated on the Promenade, as detailed within the report.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan:-

• To increase adult participation in sport and active recreation by October 2010.

• To increase the self-reported measure of people’s health and well-being to 80% by March 2011.

Alternative Options Considered and Rejected

Not to grant a lease to the Town Council to operate this area. This will mean that the site is not used and will be left vacant.

* * * * * * * * * * * *

EX/307 KENDAL FOYER

(CORPORATE DIRECTOR (COMMUNITIES))

- 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 principle and the terms and conditions for the payment of grant and grant of rights over land at the rear of the Westmorland Shopping Centre Car Park.

Decision

(1) The principle and the grant of rights on the terms and conditions listed at Appendix 1 to the report be approved.

(2) A legal agreement be completed with Impact Housing Association on the terms listed at Appendix 1 to the report, by 31 March 2010, in order to make the Council’s grant payment of £640,000 to Impact by this date in order for the scheme to proceed. 357 w.e. 19.3.2010 (2nd part) Executive Decisions

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan:-

• People in South Lakeland feel more in control of their own lives.

• Housing Needs in South Lakeland are addressed.

• Young people are safeguarded and their needs understood and addressed.

In addition, the decision links to the following:-

• Cumbria Housing Strategy

• Community Strategy

• Cumbria Supporting People Strategy

Alternative Options Considered and Rejected

To grant the rights with more onerous terms and conditions and to seek commercial ransom payments – not preferred as this may make the scheme unviable and any delays will result in the loss of capital funding meaning the scheme will not proceed.

To not grant the rights – this will mean that the scheme will not proceed and will not achieve any affordable housing. This will affect the Council’s corporate affordable housing targets.

* * * * * * * * * * * *

EX/308 SHORT TERM EXTENSION OF CONTRACT MANAGEMENT FOR COUNCIL ASSETS AT THE GLEBE, BOWNESS AND WHITEPLATTS, AMBLESIDE

(CORPORATE DIRECTOR (COMMUNITIES))

Summary

The Council owned the recreation areas at The Glebe, Bowness and at Whiteplatts, Ambleside. These facilities were highly valued by both local communities and visitors and, during the peak holiday season, were well used. For the past 14 years, the Council had contracted out the day to day management and running of these facilities to its Grounds Maintenance Contractor, Continental Landscapes, for an annual payment to the Council. It was now an appropriate time to re-evaluate these assets, in terms of their community value and financial value. The previous Contracts would expire on 31 March 2010, along with the previous Grounds Maintenance Contract.

Consideration was given to the short term management of the facilities, and the basis for detailed investigation on the long term benefits of these facilities in line with the Councils Corporate Plan and the identified Community need. 358 w.e. 19.3.2010 (2nd part) Executive Decisions

Note – Additional information was provided in Part II Appendix 1 to the 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 Appendix were excluded, as it contained information as 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)

Decision

(1) The Council enters into an extension of the existing contractual arrangements with Continental Landscapes, for a period from 1 April 2010 until 31 October 2010 inclusive, on the basis of the provisions set out in the report.

(2) For the above purposes, the Contract be extended in accordance with Paragraph 5.2 of the Council’s Contract Procedure Rules, for the reasons set out in Paragraph 7 of the report.

(3) The Assistant Director (Social Enterprise) be instructed to investigate the commercial opportunities of the facilities at the Glebe at Bowness and at Whiteplatts at Ambleside and to prepare for the re-tendering of these services from 1 November 2010, based on the findings of this investigation.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan:-

• People’s essential needs are addressed through effective public services.

• Rural communities have improved access to the services and facilities they need.

• The Council demonstrates Value for Money as a provider, commissioner and enabler.

• The public realm in South Lakeland is upgraded, protecting and enhancing its special character.

In addition, the decision links to the South Lakeland Sustainable Community Strategy 2008-2028 – A vision for a quality environment.

Alternative Options Considered and Rejected

The Council could take on the running of the facilities – this is not recommended as the Council lacks the necessary resource and knowledge to carry out the tasks involved, as it has not run these facilities since 1996. 359 w.e. 19.3.2010 (2nd part) Executive Decisions

Tender the management of the facilities – this will be an option that may arise from any study or investigation, but it is important to understand what the asset value is and to write an accurate specification. It is not recommended at this time, but will be included at a future date.

Another contractor could be appointed to run the facilities on behalf of the Council. However, it is not considered that any special circumstances can be justified at this time to pursue this option and would expose the Council to a potential risk of legal challenge from a number of parties.

* * * * * * * * * * * * 361 w.e. 26.3.2010 Executive Decisions

EXECUTIVE DECISION NOTICE

CABINET

A record of the decisions made at the meeting of the Cabinet held on Wednesday, 24 March 2010, 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 Portfolio Holder

An apology for absence was received from Councillor Brenda Woof (Environment and Sustainability Portfolio Holder).

Also in attendance at the meeting were Shadow Executive Members Brian Cooper (Central Services Portfolio), Tom Harvey (Policy, Performance and Resources Portfolio), Colin Hodgson (Leader of the Opposition and Promoting South Lakeland Portfolio), Janette Jenkinson (Economic Prosperity and Transport Portfolio) and David Williams (Communities and Well Being Portfolio).

Apologies for absence were tendered by Shadow Executive Members James Airey (Deputy Leader of the Opposition and Environment and Sustainability Portfolio) and Roger Bingham (Housing and Development Portfolio).

Officers

Laura Bell Communications Manager Inge Booth Democratic Services Officer Helen Coffey Communications Officer Lawrence Conway Corporate Director (Communities) Phillipa Cook Corporate Director (Vision and Strategy) Ian Elleray Community and Housing Manager (part) Phil Greenup Environmental Health Team Leader (part) Tracy Howard Environmental Health Team Leader (part) Shelagh McGregor Assistant Director (Resources)/Section 151 Officer Tony Naylor Parks and Contracts Officer (part) Peter Ridgway Chief Executive (part) Simon Rowley Assistant Director (Community Services) (part) Debbie Storr Corporate Director (Monitoring Officer) David Sykes Assistant Director (Community Investment and Development (part) 362 w.e. 26.3.2010 Executive Decisions

EX/309 CHAIRMAN’S ANNOUNCEMENTS The Chairman asked Shadow Members to convey best wishes to Councillor Roger Bingham for a speedy recovery following his recent illness. The Chairman then welcomed Tracy Howard (Environmental Health Team Leader) and Laura Bell (Communications Manager) to their first meeting of the Cabinet. STANDING ITEMS/MONITORING REPORTS EX/310 EXECUTIVE DECISION NOTICES RESOLVED – That the Chairman be authorised to sign, as correct records, the Executive Decisions made during the week ending 5 March 2010. * * * * * * * * * * * * EX/311 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Brendan Jameson – EX331; and (2) Councillor Andy Shine – EX/321. * * * * * * * * * * * * EX/312 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. * * * * * * * * * * * * EX/313 PUBLIC PARTICIPATION RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received. * * * * * * * * * * * * EX/314 PROGRESS REPORT Consideration was given to a report detailing progress in relation to Executive Decisions as at 16 March 2010. Members expressed concern in relation to items which had remained on the report for up to three years and which remained unresolved. The Chief Executive was urged to ensure that efforts were made to clear the backlog. The Chief Executive responded by saying that a number of the actions pending were within the gift of other agencies and advised that some might require signing off without being implemented. Any such items that were of significance to the Council would require a supporting mechanism to keep the process live. The Chief Executive undertook to examine the list and report back. RESOLVED – That the Executive Decisions progress report as at 16 March 2010 be received. * * * * * * * * * * * * 363 w.e. 26.3.2010 Executive Decisions

EX/315 CORPORATE STRATEGY AND PERFORMANCE GROUP

RESOLVED – That the notes of the meeting of the Corporate Strategy and Performance Group held on 27 January 2010 be received.

* * * * * * * * * * * *

EX/316 WASTE MANAGEMENT HEALTH AND SAFETY GROUP

RESOLVED – That the notes of the meeting of the Waste Management Health and Safety Group held on 23 February 2010 be received.

* * * * * * * * * * * *

EX/317 FORWARD PLAN

Councillor Hilary Stephenson referred to KD10/010/CS (award of contract for necessary building work to create a Local Link at Ulverston Town Hall) which was currently on track.

RESOLVED – That the contents of the Forward Plan covering the period 1 April to 31 July 2010 be noted.

* * * * * * * * * * * *

KEY DECISIONS

EX/318 SINGLE CAPITAL POT (HOUSING) AND SECOND HOMES FUND 2010-2014 (KD10/014/H&D)

Summary

Prior to the meeting, a revised version of Appendix 3 to the report had been circulated to Members.

Councillor Brenda Gray presented a report which provided details of the proposed allocation of Single Capital Pot funding and Second Homes fund over the next four years. The report assumed that £332,000 per year would be provided by the Government for single capital pot expenditure on Housing priorities and £835,000 per year for the Second Homes Fund raised through Council Tax. The proposals provided for worthwhile benefits for the community in terms of accessing and maintaining good quality affordable homes.

The Community and Housing Manager drew attention to the reduced grant and advised that the proposals would make the best use of the resource available.

In response to a query raised with regard to the funding required for the post of the Empty Homes Officer and 70 long term empty dwellings which had been brought back into occupation, the Community and Housing Manager undertook to provide Members with details on where the properties were located and by how they were occupied. He also undertook to ensure that all Councillors were advised that they could provide the Empty Homes Officer with information on empty properties and to provide them with a link to the relevant pages of the Council’s Website. 364 w.e. 26.3.2010 Executive Decisions

In discussing the post of the Empty Homes Officer, Councillor Brenda Gray wished to take the opportunity to put on record her appreciation for the excellent work which had been carried out by the postholder.

Decision

RESOLVED – That

(1) approval be given to the proposals in the report for the use of the assumed £332,000 per year Single Capital Pot grant and £835,600 per year Second Homes fund for the years 2010-14 (the latter subject to the approval of the Local Strategic Partnership); and

(2) Council be recommended to amend the current approved Capital Programme to reflect the proposals.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan where it is stated that the Council will deliver the Cumbria Housing Strategy in this District through helping to provide new affordable homes and initiatives to reduce homelessness.

In addition, the decision links to the following:-

• Community Strategy – provision of affordable homes.

• Affordable Warmth Strategy – energy efficiency.

• Older Persons Strategy – energy efficiency.

• Homelessness Strategy – prevention measures.

Alternative Options Considered and Rejected

There are many possible permutations for using these budgets, however, the proposals presented are the most effective in meeting the Council’s strategic aims.

* * * * * * * * * * * * EX/319 LOCAL INVESTMENT PLAN FOR CUMBRIA (KD10/013/H&D) Summary Councillor Brenda Gray informed Members that the purpose of the Local Investment Plan for Cumbria was to set out the key issues facing Cumbria and the role of housing investment in addressing these issues. These included the provision of new affordable housing and, if addressed, would benefit the community by meeting local needs for such housing. The Plan focussed on the financial year 2010/11. Decision RESOLVED – That (1) the draft Plan at Appendix 1 to the report be approved; and (2) the Corporate Director (Communities), in consultation with the Housing and Development Portfolio Holder, be authorised to approve any minor changes before the Plan is submitted to the Homes and Communities Agency on 31 March 2010. 365 w.e. 26.3.2010 Executive Decisions

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Priority 1.6 – Housing Needs in South Lakeland are addressed. Contribution to the target of 430 new affordable homes through public funding (2006-2011).

In addition, the decision links to the Community Strategy – affordable housing priority.

Alternative Options Considered and Rejected

The Council could decide to not support the Plan, however, this is not recommended as it could lead to no financial support in South Lakeland from the Homes and Communities Agency in 2010/11.

* * * * * * * * * * * *

EX/320 SOUTH LAKELAND LOCAL DEVELOPMENT FRAMEWORK – 2010 LOCAL DEVELOPMENT SCHEME (KD10/004/H&D) Summary Councillor Brenda Gray reported that the Local Development Scheme was a three- year plan for the preparation of documents in the Local Development Framework, and included a detailed timetable with milestones for each document. The current Local Development Scheme had been adopted by the Council in December 2008. It was now necessary to review the 2008 Local Development Scheme to reflect progress on individual documents since that time. The Assistant Director (Community Investment and Development) advised of slippage from the targets in the 2008 Local Development Scheme, however, informed Members that the main document, the Core Strategy, continued to be produced on time. The Chief Executive, although disappointed at the slippage from targets, referred to significant amounts of information which had been gathered from the consultation process, which demonstrated positive and worthwhile communication with the community. In response to a query on whether Central Government was encouraging authorities to adopt some of the issues contained within the Core Strategy before its approval in August 2010, the Assistant Director (Community Investment and Development) advised that, as the Plan progressed, it would gain more weight in influencing development proposals, in addition to the existing policy framework. He pointed out that the Core Strategy would not be as prescriptive as the Local Plan, and would require a broader assessment of development proposals and their contribution to delivering the outcomes sought by the Core Strategy. Decision RESOLVED – That (1) the revised Local Development Scheme set out at Appendix A to the report be approved for submission to the Secretary of State; and (2) the Assistant Director (Community Investment and Development), in consultation with the Housing and Development Portfolio Holder, be authorised to make any further amendments that improve the clarity of the document without altering the substance. 366 w.e. 26.3.2010 Executive Decisions

Reasons for Decision

The development of the Local Development Framework is a key project in the Council’s Corporate Plan.

The Local Development Scheme relates to the preparation of the Local Development Documents which, in turn, relate to the Regional Spatial Strategy.

Alternative Options Considered and Rejected

There are no alternative options available regarding to need to amend the Local Development Scheme. One of the legal tests for the Council’s Local Development Documents is that they are produced in accordance with the timetable in the adopted Local Development Scheme. As a consequence, the Council must update the Local Development Scheme to reflect genuine progress made.

The individual targets for documents, such as the Allocations of Land Development Plan Documents, could be amended to be either more ambitious or less challenging. The proposed timetable in the 2010 Local Development Scheme is challenging, but considered achievable within existing resources. Aiming at shorter timescales would be to the detriment of the quality of the plan and could increase the risk of the final documents being found unsound. Setting overly ambitious targets would also give local communities an unrealistic expectation about when individual milestones will be achieved. At the same time, extending the timescales would prolong the uncertainties from operating in an increasingly out-of-date planning policy framework.

* * * * * * * * * * * *

Note – Councillor Andy Shine declared a personal interest in the following item of business by virtue of the fact that he was a member of the Lancaster Canal Restoration Group, appointed by the Council.

EX/321 LOCAL DEVELOPMENT FRAMEWORK - KENDAL CANAL HEAD AREA ACTION PLAN (KD09/049/H&D)

Summary

Councillor Brenda Gray reported that the Kendal Canal Head Area Action Plan would form part of the Council’s emerging Local Development Framework for the District outside the National Parks. The Area Action Plan would deliver the spatial planning framework for the comprehensive regeneration of the Canal Head Area. It was fundamental to enabling development, which would contribute significantly to the economic, social and environmental wellbeing of Kendal and the District. The last milestone in preparing the Area Action Plan had been the publication of the preferred options report in April 2008. The Council had subsequently been preparing a draft Plan. However, completion had not been possible due to unforeseen circumstances that had occurred since consultation on preferred options in 2008 and which had only very recently been sufficiently resolved so as to be able to propose a way forward. Cabinet’s approval was sought for the next steps with the Area Action Plan. 367 w.e. 26.3.2010 Executive Decisions

Decision

RESOLVED – That

(1) the intention to publish the Kendal Canal Head Area Action Plan on the basis of the current preferred options be ceased; and

(2) the following be approved:-

(a) the principle of undertaking a further round of preferred options consultation for the Area Action Plan, based on a thorough appraisal of the proposals by Gilkes / Signet Planning; and

(b) a new timetable for the production of the Kendal Canal Head Area Action Plan, as summarised in the report.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Best Place to Live – Development – the Council will develop and deliver the Local Development Framework – support co-ordinated and complementary development within the Kendal Canal Head area.

In addition, the decision will assist in the delivery of the following:-

• South Lakeland Community Strategy.

• Cumbria Local Area Agreement.

• Cumbria Housing Strategy.

• Cumbria Economic Plan.

• Regional Spatial Strategy.

Alternative Options Considered and Rejected

There is an option to continue with the current Preferred Options, proceeding to publication and submission of the Area Action Plan. This option is not recommended due to the reasons presented in the report.

There is an option to cease production of the Area Action Plan. This option is not recommended, as a clear, co-ordinated, development strategy and policy approach would not be established for this area of Kendal, with resultant loss of opportunity for delivering regeneration of the area.

* * * * * * * * * * * * 368 w.e. 26.3.2010 Executive Decisions

EX/322 VEHICLE AND PLANT REPLACEMENT PROGRAMME 2010-2016 (KD10/009/E&S)

Summary

The Corporate Director (Communities) presented details of the vehicle and plant replacement requirements for the Council’s front line activities for the period 2010 to 2016. He drew Members attention in particular to the fact that any new refuse collection vehicles would be of a narrow width to enable better access to more remote properties within the District. Also, any new commercial vehicles would be specified with low noise and exhaust emission engines to comply with current and forthcoming air pollution legislation. In addition, the Corporate Director (Communities) pointed out that these vehicles were often used in poor weather, including in snow and floods, and needed to be resilient enough to handle these conditions. Therefore, new vehicles would be of a specification that could cater for such occasions.

Note – Additional information was provided in Part II Appendix A to the 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 Appendix were excluded, as it contained information as 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)

Decision

RESOLVED – That

(1) the Vehicle and Plant Replacement Programme for 2010-2016 be approved;

(2) the purchase of all vehicles and plant contained within the Programme be approved and delegated, as per the Council’s Constitution, to the Corporate Director (Communities), under the Director’s Delegated Decision procedures and provisions; this includes all vehicles for the new Waste Collection and Street Cleansing Contract; and

(3) it be noted that all suitable leasing and finance arrangements will be authorised and completed by the Assistant Director (Resources)/Section 151 Officer.

Reasons for Decision The decision contributes towards the corporate objective of delivering key services that meet the needs of residents – a clean environment. It contributes towards outcomes 1.1, 1.4, 1.7, 1.8, 1.11 and 3.1. In addition, the decision links to the South Lakeland Sustainable Community Strategy 2008 – 28: A Vision for a Quality Environment. 369 w.e. 26.3.2010 Executive Decisions

Alternative Options Considered and Rejected

There are no other viable alternative options for purchasing at this time, although this is being explored through shared services agenda across the Cumbrian districts, Cumbria County Council and the North West.

* * * * * * * * * * * *

EX/323 REVIEW OF COASTAL BATHING WATER SITES IN SOUTH LAKELAND, ALDINGHAM, BARDSEA AND NEWBIGGIN (KD10/008/E&S)

Summary

The Assistant Director (Community Services) reported that South Lakeland District Council designated bathing water sites, which included both coastal and inland waters. The Department of Environment, Food and Rural Affairs was undertaking an annual review of designated bathing water sites in England under its obligations under the Bathing Water Directive (2006/7EC).

It was proposed that the three coastal bathing water sites within South Lakeland had their bathing water status removed due to the unsafe nature of the beaches. The conditions at the beach sites were hazardous and a decision was required on whether to de designate the sites as bathing waters and cease sampling and publishing the results in the annual bathing water report produced by the Department of Environment, Food and Rural Affairs.

The Environmental Health Team Leader advised that no objections had arisen out of consultation, however, Aldingham Parish Council had felt it to be of importance that the signs highlighting the dangers were maintained in order to warn visitors about the dangerous nature of the sands. She informed the Cabinet that the Royal National Lifeboat Institution was going to examine appropriate signage and pointed out that this could result in future cost implications.

Decision

RESOLVED – That bathing water designation be removed for the three coastal sites of Bardsea, Newbiggin and Aldingham, with reference to the Bathing Water Directive (2006/7EC).

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Health and Well-being.

Alternative Options Considered and Rejected

To retain all sites, however, this is not a recommended option as it is contrary to current public information advice and assessments of users does not justify retention.

* * * * * * * * * * * * 370 w.e. 26.3.2010 Executive Decisions

REFERRALS TO COUNCIL

EX/324 MEDIUM TERM FINANCIAL PLAN

Summary

At its meeting on 23 February 2010, the Council had approved the Revenue Budget and Five Year Capital Programme, which incorporated a set of financial projections. Those projections formed part of the Medium Term Financial Plan, which showed how the Council could fund its major corporate priorities.

Councillor Andy Shine reported that the Medium Term Financial Plan had been expanded to include the Capital Strategy, which had previously been considered as a stand-alone strategy, and new policies relating to Charging for Services and Efficiency and Value for Money. The financial projections had been improved to include five-year projections. The assumptions contained in the forecasts had been updated but these did not materially affect the conclusion that the Council still faced ongoing budget deficits that would require it to align its expenditure and income in the context of its Corporate Plan.

The key messages from the Medium Term Financial Plan were:-

• Projected deficits on the General Fund revenue account would increase by around £500,000 per annum from 2011/12 including growth of £300,000 pa. The Senior Management Team was committed to identify options for the redirection of resources, transfer of services, increased income and other options to bridge this deficit.

• The inability of the Housing Revenue Account to fund the required planned maintenance expenditure in the medium-term had already been recognised and the housing options study had been commissioned to undertake the financial modeling of the various options for the future of the housing stock which might include retaining management through South Lakes Housing, returning to direct management by the Council, transferring homes to a Registered Social Landlord or the use of the Private Finance Initiative.

• The Capital Programme was reliant on grants and contributions to fund specific schemes, and over 63% of funding was earmarked for housing related schemes. The Programme assumed an element of slippage. Borrowing of £1m per year was included from 2010/11 and this was reflected in the revenue projections.

Councillor Shine drew attention to the fact that the Council’s Revenue Support Grant from Central Government was likely to be reduced from 2011/12 onwards.

The Chief Executive highlighted the importance of addressing the financial problems and advised that the Council had already removed some core costs and planned to continue reductions through, for example, sharing of corporate management. Although this process had paused, work was still being carried out for a strong approach on this issue.

The Assistant Director (Resources)/Section 151 Officer informed Members of plans to commence on the budget process earlier this year and to strengthen the consultation process. 371 w.e. 26.3.2010 Executive Decisions

Decision

RESOLVED – That Council be recommended to approve the Medium Term Financial Plan and to agree in principle to the proposed procedure for the administration of the Community Capital Allocation Fund, which it is suggested that the Resources Overview and Scrutiny Committee will further consider and Cabinet finalise at their next meetings.

Reasons for Decision

The Medium Term Financial Plan summarises the corporate financial issues facing the Council.

The Plan shows how the Council plans to fund the priorities and projects within the Corporate Plan.

Alternative Options Considered and Rejected

The financial forecast is built up from a set of assumptions which can be varied.

* * * * * * * * * * * *

EX/325 TREASURY MANAGEMENT STRATEGY STATEMENT, PRUDENTIAL INDICATORS AND MINIMUM REVENUE PROVISION STATEMENT

Summary

Councillor Andy Shine presented a report which outlined the Council’s prudential indicators for 2010/10 – 2012/13 and set out the expected treasury operations for this period. It fulfilled four key legislative requirements:-

• CIPFA’s Code of Practice required the Council to set a number of prudential indicators as part of a framework setting out the expected capital activities and managing its capital finances. The key control was an affordable borrowing limit: breach of this strategy limit would be unlawful.

• The Council’s Minimum Revenue Provision Policy, which set out how the Council would pay for capital assets through revenue each year.

• The Treasury Management Strategy Statement which set out how the Council’s treasury service would support the capital decisions taken above.

• The Investment Strategy which set out the Council’s criteria for choosing investment counterparties and limiting exposure to the risk of loss.

The above policies and parameters provided an approved framework within which officers undertook the day-to-day capital and treasury activities.

Revised guidance published during 2009 had been incorporated within the reports, including draft proposals where these did not conflict with current Guidance. The main changes within the new guidance required greater Member involvement in Treasury Management, including increased scrutiny of the treasury policies, increased Member training and awareness and greater frequency of information. The Treasury Management Policy Statement and Framework had been updated to reflect these changes. 372 w.e. 26.3.2010 Executive Decisions

The Assistant Director (Resources)/Section 151 Officer informed Cabinet that more training was planned for Members on the Strategy. In addition, Councillor Shine advised that, in future years, the Strategy would be presented to Council on the same day as the Budget.

Decision

RESOLVED – That

(1) the report be noted; and

(2) Council be recommended to:-

(a) approve the Prudential Indicators and Limits for 2010/11 to 2012/13 contained within Appendix A of the report;

(b) approve the Minimum Revenue Provision Statement contained within Appendix B of the report, which sets out the Council’s policy on Minimum Revenue Provision;

(c) approve the Treasury Management Strategy 2010/11 to 2012/13 and the Treasury Prudential Indicators contained within Appendix C of the report, including the Authorised Limit Prudential Indicator;

(d) approve the Investment Strategy 2010/11 to 2012/13 contained in the Treasury Management Strategy at Appendix C of the report;

(e) approve the Treasury Management Policy Statement and Framework contained within Appendix D of the report; and

(f) nominate a committee to ensure the effective scrutiny of the treasury management strategy and policies.

Reasons for Decision

The Strategy support the Council’s Corporate Plan priorities.

Alternative Options Considered and Rejected

The strategies represent only minor changes to current practice and policy.

* * * * * * * * * * * *

EX/326 REFUND OF VAT ON CAR PARK INCOME Summary Councillor Andy Shine informed Cabinet that accountants working on behalf of four local authorities were seeking funding from local authorities to support an appeal against a VAT tribunal decision. Many local authorities, including South Lakeland District Council, would stand to gain millions of pounds in overpaid VAT on car park income paid over to Her Majesty’s Revenue and Customs since 1994. The four councils had, to date, used their own funds, but this latest appeal required expensive legal advice, and they were seeking additional funding contributions to help them fight the case. 373 w.e. 26.3.2010 Executive Decisions

Councillor Shine was of the opinion that it would be worthwhile making an investment of £10,000 for a possible return of £6.4m. He advised that the sum would appear within the Council’s accounts as a contribution to consultants.

The Assistant Director (Resources)/Section 151 Officer confirmed that at least 25 other authorities were also being asked to contribute.

Decision

RESOLVED – That Council be recommended to approve the release of £10,000 from the General Reserves to be put to a “fighting fund” for costs involved in appealing against a VAT tribunal decision.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Providing Excellent Services.

Should a VAT payment be agreed, the decision will also link to the Medium Term Financial Plan and Treasury Management.

Alternative Options Considered and Rejected

If funding is not approved, the appeal may not go ahead.

* * * * * * * * * * * *

EX/327 LOCAL AREA PARTNERSHIP CO-ORDINATOR

Summary

The Corporate Director (Vision and Strategy) informed Members that Local Area Partnerships were an important priority for the Council in improving its community engagement and locality delivery of service. She advised that, as part of the interim support arrangements agreed with Key Partners, the Council had committed to provide a full-time Local Area Partnership Co-ordinator, initially on a temporary basis to 31 March 2010, and subsequently a full-time permanent post from 1 April 2010. In addition, the Corporate Director (Vision and Strategy) highlighted the fact that both the County Council and the Police had already contributed officer support for Local Area Partnerships. She also confirmed that each Local Area Partnership had funding for administrative costs.

Decision

RESOLVED – That Council be recommended to confirm the permanent establishment of the post of Local Area Partnership Co-ordinator, as detailed within the report.

Reasons for Decision

Priority 1.4 in the Council’s Corporate Plan states People in South Lakeland feel more in control of their own lives. This is underpinned by projects to introduce Local Area Partnerships and Locality Working. The relevant Target in the Corporate Plan is NI4 Increase in number of people who feel they can influence decisions in their locality. 374 w.e. 26.3.2010 Executive Decisions

In addition, the Community Strategy includes a theme on Community Involvement and specifically identifies increased locality involvement as a priority. The Local Strategic Partnership Conference recently voted the Development of Local Area Partnerships one of its four top priorities.

Alternative Options Considered and Rejected

Not to contribute to the multi-agency support for the support and development of Local Area Partnerships. This is not an option, as the Council is leading on the introduction and development of the Local Area Partnerships, and the positive engagement and support of other agencies and the other tiers of local government will be influenced by the evidence of material contribution made by the Council. * * * * * * * * * * * *

EX/328 PETITION SCHEME

Summary

Under the Local Authorities (Petitions) (England) Order 2009, the Council was required to draw up a Petitions Scheme which would give local people a right to a public response if they signed a petition.

A draft Scheme had been produced and had been considered by Overview and Scrutiny.

The Corporate Director (Monitoring Officer) was now asking Cabinet to give consideration to the draft Scheme. She pointed out, however, that issues relating to E-petitioning were still being investigated and that it was not yet known when the Regulations would come into force.

Decision

RESOLVED – That Council be recommended to:-

(1) adopt the Petitions Scheme to take effect when the Regulations come into force, with the exception of E-petitions, which will be adopted following full implementation of the Regulations, and establishment of an E-petition system on the Council’s website; and

(2) approve the consequential amendments to the Council’s Constitution.

Reasons for Decision

A Petitions Scheme is required under the Local Authorities (Petitions) (England) Order 2009.

This new duty links to the Council’s Corporate Plan as a whole, as the Petitions process allows members of the public to have direct influence on the political process and to raise concerns that are important to them.

Alternative Options Considered and Rejected The Council is required to adopt a Petitions Scheme in accordance with the Regulations. * * * * * * * * * * * * 375 w.e. 26.3.2010 Executive Decisions

EX/329 CONSTITUTION REVIEW

Summary

Members were advised of the Monitoring Officer’s annual review of the Council’s Constitution and about a number of constitutional changes that had taken place over recent months to take account of new legislation and the recent Council restructure.

On 11 March 2010, the report had been considered by the joint Overview and Scrutiny Committees, when Members had asked for the inclusion of a Local Area Partnership Member Champion.

In presenting the report, the Corporate Director (Monitoring Officer) advised that this was a work in progress and that, as well as planned examination of Procurement and Financial Procedure Rules, the Strong Leadership Model would require further changes to the Constitution later in the year.

Decision

RESOLVED – That

(1) the interim review of the Council’s Constitution be noted;

(2) those changes relevant to Executive functions, as set out in Appendix A to the report, be approved; and

(3) Council be recommended to:-

(a) approve the amendments identified in Appendix A to the report as recommended by the joint Overview and Scrutiny Committees;

(b) note the amendments highlighted in Appendix B to the report that have arisen as a result of earlier decisions of the Council, with the proposed addition of a Member Champion for Local Area Partnerships.

Reasons for Decision

To ensure that the Constitution is up to date.

The Constitution underpins the Council’s decision making processes in achieving the aims and objectives of the Council’s Corporate Priorities.

Alternative Options Considered and Rejected

Not to make amendments to the Constitution, but the Monitoring Officer is required to ensure that it is up to date and operates effectively.

* * * * * * * * * * * * 376 w.e. 26.3.2010 Executive Decisions

GENERAL EXECUTIVE MATTERS

EX/330 DECLARATION OF FURTHER AIR QUALITY MANAGEMENT AREAS IN KENDAL

Summary

The Chairman welcomed Phil Greenup (Environmental Health Team Leader) to his first meeting of the Cabinet.

The Assistant Director (Community Services) advised Members that there was currently an Air Quality Management Area (AQMA) in Kendal on Lowther Street, due to high levels of Nitrogen Dioxide (NO2) from road traffic. However, further monitoring and assessment had demonstrated that levels of NO2 on other roads in Kendal were also above or close to the Government’s Air Quality Objective. It was, therefore, proposed to extend the current AQMA in Kendal to the areas shaded in red on the plan attached at Appendix 1 to the report. Extending the AQMA would meet the legal requirements of the Environment Act 1995 and would require further Assessment and an Action Plan to reduce NO2 levels to below the Government’s safe levels, and would help protect the health of the community.

Cabinet’s approval was sought for a formal public consultation exercise to be carried out on the proposed extension to the AQMA in Kendal.

The Environmental Health Team Leader provided Members with further details and informed them that indications were that the objective would be exceeded this year. In response to a query raised, he advised that Cumbria County Council wished to introduce a “SCOOT” (split cycle offset optimisation technique) traffic light management system, whereby traffic lights responded automatically to fluctuations in traffic flow through the use of on-street detectors. There were also plans to examine use of the current CCTV fibroptic system. Following lengthy discussion, the Environmental Health Team Leader recognised that issues did exist, however, was of the opinion that, if the Council declared the extension of the AQMA in Kendal, this should provide Cumbria County Council and the Highways Authority with the impetus to improve matters.

Decision

RESOLVED – That approval be given to a formal public consultation exercise on the proposed extension to the current Air Quality Management Area in Kendal.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Making South Lakeland the Best Place to Live – 1.3 – People in South Lakeland feel safe; 1.4 – Older people in South Lakeland are active, independent and healthy for longer; 1.5 – Physical and mental health and well-being is improved for people in South Lakeland. 377 w.e. 26.3.2010 Executive Decisions

In addition, the decision links to the following:-

• Cumbria Climate Change Strategy to reduce Carbon Dioxide in the District.

• Carbon Reduction Plan to reduce Carbon Dioxide emissions from the Council’s operations.

• Local Transport Plan.

• Kendal Economic Regeneration Action Plan.

• Local Development Framework.

Alternative Options Considered and Rejected

There are no alternative options.

* * * * * * * * * * * *

Note – The Chairman, Councillor Brendan Jameson, declared a personal and prejudicial interest in the following item of business by virtue of the fact that he was a member of the Kirkbarrow Residents’ Association in his capacity as a Kendal Town Councillor, and left the room during the discussion and voting thereon. Councillor Andy Shine took the Chair for the remainder of the meeting.

EX/331 KIRKBARROW RESIDENTS ASSOCIATION – LAND AT VICARS FIELDS, KENDAL

Summary

Councillor Peter Thornton asked Members to give consideration to the basic policy for the letting of play area land and the specific terms for the letting of land at Vicars Fields, Kendal, under that policy to Kirkbarrow Residents Association to enable the provision of enhanced play area facilities by the local community.

Note – Additional information was provided in Part II Appendices 6 and 7 to the report, which were 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 Appendices were excluded, as they contained information as 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)

Decision

RESOLVED – That the following be approved:-

(1) the basic policy for guiding negotiations; and

(2) the terms for the first letting, as set out in the report. 378 w.e. 26.3.2010 Executive Decisions

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Work with partners to develop and deliver health and well-being initiatives – 1.10 Young people are safeguarded and their needs understood and addressed.

In addition, the decision links to the Crime Reduction Strategy Community Strategy.

Alternative Options Considered and Rejected

Not to transfer the land to Kirkbarrow Residents Association – this would not be in line with the objectives of the Council’s Corporate Plan Objective of providing a needs led approach to delivering local services.

* * * * * * * * * * * *

The meeting ended at 11.40 a.m. 379 w.e. 2.4.2010 Executive Decisions

EXECUTIVE DECISION NOTICE

DELEGATED DECISIONS

A record of delegated decisions made by officers week ending Friday, 2 April 2010.

The reports (unless exempt under Section 100(B)(2) of the Local Government Act 1972, 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 and, in all the circumstances of the case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing it) are available for inspection from the Democratic and Member Services Manager, South Lakeland House, Kendal. EX/332 APPLICATION FOR RURAL RATE RELIEF – REF: 52543099

(CORPORATE DIRECTOR (MONITORING OFFICER) ON BEHALF OF ASSISTANT DIRECTOR (RESOURCES)/SECTION 151 OFFICER)

- 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 an application for rural rate relief.

Decision

In respect of Case Ref.52543099, 80% rural rate relief be awarded for the period 1 April 2010 to 31 March 2011.

Reasons for Decision

In accordance with Council policy.

Alternative Options Considered and Rejected

To refuse the application or make a different award, but this would not be in accordance with policy guidelines and would result in disparity between similar applications.

* * * * * * * * * * * *

EX/333 APPLICATION FOR RATE RELIEF (PART OCCUPATION) – REF: 516292X1

(CORPORATE DIRECTOR (MONITORING OFFICER) ON BEHALF OF ASSISTANT DIRECTOR (RESOURCES)/SECTION 151 OFFICER)

- 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 an application for rate relief (part occupation). 380 w.e. 2.4.2010 Executive Decisions

Decision

In respect of Case Ref.516292X1, application be made to the Valuation Officer for a certificate under section 44A of the Local Government Finance Act 1988 setting out the rateable values of the occupied and unoccupied parts of the premises for the period 30 October 2009 to 16 December 2009.

Reasons for Decision

In accordance with Council policy.

Alternative Options Considered and Rejected

To refuse the application but this would not be strictly in accordance with Council guidelines and deviating from the guidelines could present difficulties when dealing with other applications.

* * * * * * * * * * * * 381 w.e. 16.4.2010 Executive Decisions

EXECUTIVE DECISION NOTICE

CABINET

A record of the decisions made at the meeting of the Cabinet held on Wednesday, 14 April 2010, 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 Portfolio Holder An apology for absence was received from Councillor Brenda Woof, Environment and Sustainability Portfolio Holder.

Also in attendance at the meeting were Shadow Executive Councillors James Airey (Deputy Leader of the Opposition and Environment and Sustainability Portfolio), Brian Cooper (Central Services Portfolio), Colin Hodgson (Leader of the Opposition and Promoting South Lakeland Portfolio), Janette Jenkinson (Economic Prosperity and Transport Portfolio) and David Williams (Communities and Well Being Portfolio).

Shadow Executive Councillors Roger Bingham (Housing and Development Portfolio) and Tom Harvey (Policy, Performance and Resources Portfolio) had tendered their apologies for absence.

Also present for part of the meeting was Richard Foster and Dave Ronald, Chief Executive of Lakes Leisure.

Officers

Lawrence Conway Corporate Director (Communities) Phillipa Cook Corporate Director (Vision and Strategy) Janine Jenkinson Assistant Democratic Services Officer Shelagh McGregor Assistant Director (Resources) / Section 151 Officer Simon McVey Assistant Director Customer Focus Matthew Neal Solicitor to the Council Lucy Reynolds Senior Housing Strategy Officer Peter Ridgway Chief Executive Debbie Storr Corporate Director (Monitoring Officer) 382 w.e. 16.4.2010 Executive Decisions

STANDING ITEMS/MONITORING REPORTS

EX/334 EXECUTIVE DECISION NOTICES

RESOLVED – That the Chairman be authorised to sign, as correct records, the Executive Decisions made during the weeks ending 19 March, 26 March and 2 April 2010.

* * * * * * * * * * * *

EX/335 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that Councillors Colin Hodgson and Janette Jenkinson declared an interest in - EX/340.

* * * * * * * * * * * *

EX/336 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.

* * * * * * * * * * * *

EX/337 PUBLIC PARTICIPATION

RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received.

* * * * * * * * * * * *

EX/338 FORWARD PLAN

Consideration was given to the contents of the Forward Plan covering the period 1 May to 31 August 2010.

RESOLVED – That the contents of the Forward Plan covering the period 1 May to 31 August 2010 be noted.

* * * * * * * * * * * *

GENERAL EXECUTIVE MATTERS

EX/339 LAKES LEISURE – PERFORMANCE MONITORING AND STRATEGY UPDATE

Summary

Consideration was given to a Powerpoint presentation regarding performance monitoring and strategy. The report highlighted the performance of Lakes Leisure during the first year of the Partnership Delivery Agreement in line with the agreed targets. In addition, an explanation and rationale for the year end figure was provided.

In terms of satisfaction with sport and leisure facilities a 2% increase was reported. There had been a 6% increase in the number of visits to all three Lakes Leisure facilities. Overall there had been a 16.5% increase in gym use, 39% increase in 383 w.e. 16.4.2010 Executive Decisions

swimming pool use and an 8% increase in other sporting activities. Members were advised that future long term opportunities for growth would continue to be explored.

Members congratulated the Chief Executive of Lakes Leisure on the successful figures reported.

Decision

RESOLVED – That the Performance Monitoring and Strategy update be noted.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan objective of making South Lakeland the best place to live, work and visit.

Alternative Options Considered and Rejected

To not give consideration to the performance Monitoring and Strategy report – this was not recommended as this would not be in line with Council policy guidelines.

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Note – Councillors Colin Hodgson and Janette Jenkinson declared personal interests in the following item of business by virtue of the fact that they were Ulverston Town Councillors.

KEY DECISIONS

EX/340 AWARD OF CONTRACT FOR NECESSARY BUILDING WORK TO CREATE A LOCAL LINK AT ULVERSTON TOWN HALL (KD10/010/CS)

Summary

Note – Additional information was provided in Part ll item 12 to the agenda, 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 as 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)

Members were presented with an update on the Ulverston Local Link project. The creation of local links (one stop shops) formed part of the access to services project with the first of these being delivered in Ulverston. The project would provide residents in Ulverston with face to face access to a range of services in a modern and easily accessible building.

The Assistant Director Customer Focus advised Members that further to the publication of the report a full evaluation of the tenders received had been undertaken and there was no reason not to award the contract for the construction work to the lowest tenderer. 384 w.e. 16.4.2010 Executive Decisions

Decision

RESOLVED – That the contract be awarded to the lowest tenderer, Thomas Armstrong Limited.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan:-

• 1.1 – People’s essential needs are addressed through effective public service in South Lakeland.

• 1.8 – Rural communities have improved access to the services and facilities they need.

• 1.11 – The Council demonstrates Value for Money as a provider, commissioner and enabler of services.

Alternative Options Considered and Rejected

Not to undertake the work – this was not a practical option. Ulverston Town Hall was not a welcoming environment for customers. A budget had been approved and 95% of residents supported the development of a one-stop-shop in Ulverston.

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EX/341 COUNCIL OWNED LAND AND PROPERTY – STOCK GHYLL COTTAGE AND ADJACENT CLOSED TOILETS, STOCK GHYLL LANE AMBLESIDE (KD10/015/C&WB)

Summary

Consideration was given to the benefits and dis-benefits to the Council, acting in its capacity as trustee of Stock Ghyll Park Ambleside to the sale of Stockghyll Cottage and the adjacent closed toilets.

It was considered that it would be in the interest of the Council in its capacity as trustee for authorisation to be given for the disposal of the land in question.

Factors in favour of authorising the disposal of Stock Ghyll Cottage and the adjacent closed toilets on the open market were as follows:-

• The sale of the land would enable the Stock Ghyll Park to be restored to an appropriate condition. • The sale of the land would enable a sum of money to be invested so as to create an annual income to the park towards enabling it to be maintained to its restored condition. • The Lake District National Park Authority (LDNPA) had resolved to grant planning permission for the development of the land for affordable housing. • The sale of the land would bring to an end any legal difficulties arising out of the letting of the Cottage to a retired caretaker. • It would have the effect of removing some redundant and derelict buildings which would otherwise become a drain on the finances of the Park. 385 w.e. 16.4.2010 Executive Decisions

Factors in favour of not authorising the sale were as follows:-

• Loss of a small unused part of the park. However, it was considered that it was of such small scale and that it will not detract from the use of the remainder. • Loss of land which might in theory be developed for alternative visitor facilities. Informal discussions with the LDNPA had indicated that some small scale interpretation/visitor facility for people who arrive on foot might be appropriate. However any significant retail or catering element would be unlikely to be supported. The viability of such a proposal was therefore questionable. For the foreseeable future, it was unlikely that funding would be forthcoming for such use.

Decision

RESOLVED – That

(1) discussions with the Charity Commission be resumed with a view to obtaining approval for the disposal of Stock Ghyll Cottage and the adjacent closed toilets, in order to provide finance to restore and maintain the park; and

(2) in the event of the Charity Commission’s approval, Stock Ghyll Cottage and the adjacent closed toilets be disposed on the open market subject to officers agreeing appropriate terms and conditions.

Reasons for Decision

The Council was required as trustee of the park to take the decision.

Alternative Options Considered and Rejected

Not to seek the disposal of the land – this option was not recommended as there was a clear risk that the former toilets would continue to deteriorate thereby causing a maintenance liability on the Council and a health and safety risk.

That the site be developed for visitor facilities in conjunction with the park or the toilets be re-opened - this option was not recommended as there was no identifiable budget which would enable this to be done. Any spending on visitor facilities would detract from the funding needed for maintenance of the park.

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EX/342 SOUTH LAKELAND HOUSE, KENDAL – HEATING/COOLING SYSTEM RENEWAL (KD10/016/PP&R)

Summary

The existing chiller unit in South Lakeland House was approximately 20 years old and used a type of refrigerant gas that was to become illegal in January 2011. Due to its age and because of the refrigerant problem the chiller unit was considered obsolete.

The Norfolk Property Service Group had commissioned its Mechanical and Electrical Engineers to investigate the options for the replacement of the unit. The 386 w.e. 16.4.2010 Executive Decisions

final report had recommended two options. One was to refurbish the existing system and the other was to replace it with a modern Variable Refrigerant Flow (VRF) system. It was felt that the first option would not cure the inherent design flaws within the system and the second option would be the best solution for the building.

The estimated cost for the Variable Refrigerant Flow system was £339,000. This system was a modular, flexible and energy efficient solution to the heating and cooling requirements of South Lakeland House.

Decision

RESOLVED – That the progressing of a new Variable Refrigerant Flow system to replace the existing chiller system within South Lakeland House be approved.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan - 1.11 – The Council demonstrates value for money as a provider, commissioner and enabler of services.

In addition, the decision would assist in the delivery of the Corporate Property Strategy – Action 2 – Continue to assess the condition of property, calculate the backlog of maintenance and bid for funds to eliminate or keep the backlog at an acceptable level.

Alternative Options Considered and Rejected

Not to replace the existing chiller – this was not recommended, as the existing chiller would become obsolete and internal conditions would become worse than at present. The cost of maintenance would also rise as the existing system fails.

To carry out refurbishment of the existing system – this would not address the design flaws in the existing system, which was no longer suitable for the building.

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REFERRALS TO COUNCIL

EX/343 UPDATE ON CHOICE BASED LETTINGS

Summary

Cabinet considered a report which provided an update on the introduction of Choice Based Lettings (CBL) across Cumbria. It outlined the draft common allocation policy for Cumbria which would replace the Council’s current Housing Allocation Scheme. The introduction of Choice Based Lettings (CBL) would provide more choice for residents in South Lakeland seeking social housing and would contribute to achieving the aims of the Cumbria Housing Strategy.

Decision

RESOLVED – That 387 w.e. 16.4.2010 Executive Decisions

(1) the new Choice Based Letting Policy be adopted as part of the Council’s Policy Framework, subject to any minor amendments being made following the consultation process;

(2) it be recommended to Council that the Policy be adopted as part of the Council’s Policy Framework; and

(3) the formalisation of the Partnership Agreement, as detailed within the report, be approved, with the Council as the lead authority and subject to the final terms of the agreement being delegated to the Corporate Director (Communities) in consultation with the Solicitor to the Council and Assistant Director (Resources).

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan priority of addressing housing needs in South Lakeland and delivering Cumbria Housing Strategy.

Alternative Options Considered and Rejected

Not to support the draft Allocation Policy and the Council’s continued role as lead authority to the Partnership – this was not recommended as a major revision of the Allocation Scheme would mean that the partnership could not meet the Government deadline for the introduction of Choice Based Lettings and this would result in cost implications to cover running the existing timetable.

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EX/344 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 item of business on the ground that it involves 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.

* * * * * * * * * * * * GENERAL EXECUTIVE MATTERS

EX/345 TENDER – 4/4A ANCHORITE FIELD, KIRKBARROW

- 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 report that detailed the issues surrounding a recent tender received for the conversion of 4 &4A Anchorite Fields, Kirkbarrow, Kendal.

Having undergone a review of the project scope of works and specification and a review of the budgets available to finance the works it was intended to re-tender the works in a different format with a revised scope of works and specification. 388 w.e. 16.4.2010 Executive Decisions

Decision

RESOLVED – That South Lakes Housing re-tender the project.

Reasons for Decision

The project would enable the optimisation of the Council’s assets and deliver a much needed affordable home for a family member with disabilities.

In addition, the project would assist in the delivery of the Government’s Decent Homes Standard and South Lakes Housing’s Business Plan objectives by delivering aids and adaptations.

Alternative Options Considered and Rejected

To accept the lowest of the four valid tenders submitted on 26 February 2010 – this tender did not necessarily offer value for money.

In order to establish value for money and cost against each budget heading the re- tender offers the most open and accountable solution.

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Note – The following matter was considered to be an urgent item of business due to the fact that a decision had to be made prior to the next scheduled meeting of Cabinet.

EX/346 2009/10 FINAL ACCOUNTS SUPPORT

Summary

Consideration was given to the 2009/10 Final Accounts Support report which set out the case for committing additional resources to support it and to ensure that the step change required in terms of quality was achieved.

Decision

RESOLVED – That the

(1) request for resources to support the Final Accounts Process be approved; and

(2) additional resources be funded from a virement from the employee budget underspends, as detailed in paragraph 6 of the report.

Reasons for Decision

It was the statutory responsibility of the Section 151 Officer to properly administer the financial affairs of the Authority which included ensuring that there was sufficient resources to support the process.

Alternative Options Considered and Rejected

Not to approve the request for additional resources – this was not recommended as the decision was required to mitigate the risk of sub-standard performance. 389 w.e. 16.4.2010 Executive Decisions

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The meeting ended at 11.56 a.m.

DELEGATED DECISIONS

A record of delegated decisions made by officers week ending Friday, 16 April 2010.

The reports (unless exempt under Section 100(B)(2) of the Local Government Act 1972, 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 and, in all the circumstances of the case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing it) are available for inspection from the Democratic and Member Services Manager, South Lakeland House, Kendal. EX/347 SHORT TERM EXTENSION OF RECYCLING BRING SITE CONTRACT, 5 MAY TO 5 NOVEMBER 2010

(CORPORATE DIRECTOR (COMMUNITIES))

Summary

Note – Additional information was provided in Part ll item No. 4, 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 as 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)

Consideration was given to the proposal of a short-term extension to the existing contract with A1 Supa Skips to enable a procurement process to be completed for the purpose of a longer-term arrangement. The current contract expired on 4 May 2010 and it was anticipated that the award of a new contract would be made around 5 November 2010. A1 Supa Skips had operated as the Council’s contractor for the last twelve months and had provided a quality service to the authority.

Decision

That

(1) approval be given for an extension of the existing contract with A1 Supa Skips for the period from 5 May 2010 until 5 November 2010, on the same terms and conditions as currently apply;

(2) for the purpose of the above, the Council’s Contract Procedure Rules be waived to enable such contract extension in accordance with paragraph 5.3 of the Rules for the reasons set out in paragraphs 3 and 4 of the report; and 390 w.e. 16.4.2010 Executive Decisions

(3) the Tender Evaluation and Award Criteria as attached at Appendix 1 of the report be approved.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan:-

• 1.1.1 – People’s essential needs are addressed through effective public services.

• 1.8 – Rural communities have improved access to the services and facilities they need.

• 1.11 – the Council demonstrates Value for Money as a provider, commissioner and enabler.

In addition, the decision linked to the South Lakeland Sustainable Community Strategy 2008-2028 – A vision for a quality environment.

Alternative Options Considered and Rejected

That the Council’s own in-house service took on the running of the service - this was not recommended as the in-house service lacked the necessary resource to carry out the service.

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EX/348 AFFORDABLE HOUSING – ORREST DRIVE, WINDERMERE

(CORPORATE DIRECTOR (COMMUNITIES))

Summary

Note – Additional information was provided in Part ll item No. 5, 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 as 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)

The terms and conditions relating to the sale of an affordable housing site at Orrest Drive, Windermere had been agreed by Cabinet at decision EX/028. The land was to be developed for affordable housing by Impact Housing Association Ltd.

Since that time the Housing Association had discovered drainage problems affecting the site which adversely affected the viability of the development by generating abnormal costs. Due to the extra costs affecting the site value a revised independent valuation had been commissioned. The amended terms and conditions were detailed in Appendix 2 of the report. 391 w.e. 16.4.2010 Executive Decisions

Decision

That the revised terms for the sale, as detailed in Appendix 2 (Part ll item) be approved.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan priority – Homes are provided to meet identified need. The decision would contribute four homes to the target of 430 public-funded affordable homes between 2006 and 2011.

In addition, the decision linked to the Corporate Property Strategy – Action Plan 7 – continue to apply tests to potentially surplus properties to determine relevance and need in relation to service provision.

Alternative Options Considered and Rejected

To insist upon the original terms – this was not a preferred option as the Housing Association could not proceed with an unviable development.

Not to sell the site – this was not a preferred option as it would not achieve any affordable housing.

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EX/349 ESTABLISHING KENDAL CAR CLUB TO CUT CARBON EMISSIONS FROM TRANSPORT

(ASSISTANT DIRECTOR OF COMMUNITY SERVICES)

Summary

A scoping study regarding the establishment of a Car Club in Kendal had been commissioned by the Council. The study had demonstrated that there was significant interest from Kendal residents and local businesses. Commonwheels had been identified as the preferred supplier for a Car Club in Kendal. They were prepared to provide a Car Club using cars donated by residents and businesses at no ongoing costs to the Council, however Commonwheels required the capital costs of installing the smart card technology at £1500 per vehicle and funding towards signage.

Consideration was given to paragraph 12 and the possible request for car parking spaces, and it was proposed that any such request would be considered for a two year pilot period subject to review at the end of that period.

Decision

That

(1) the Council approve the sum of £5000 from the 2009/10 Climate Change/Energy Efficiency budget to establish a Kendal and Staveley Car Club with partners; and

(2) any request for parking places would be considered for a two year pilot period subject to review after the end of that period. 392 w.e. 16.4.2010 Executive Decisions

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan priorities:-

• 1.7 – South Lakeland’s Development is balanced against protecting the area’s natural and built environment.

• 1.8 – Rural communities have improved access to the services and facilities they need.

• 1.9 - Specific issues of deprivation are understood and addressed.

• 1.4 - Older people in South Lakeland are active, healthy and independent for longer.

Alternative Options Considered and Rejected

That the one of the other parties involved take ownership of the project and source funding - this was not recommended as a party with the resources to take this forward would have to be found and all residents would need to be contracted to allow their contact details to be transferred. Grant funding would not necessarily be found for the scheme.

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EX/350 AFFORDABLE HOUSING SITES – GULDREY DEPORT, SEDBERGH AND FORMER INFANTS SCHOOL, HAWKSHEAD

(CORPORATE DIRECTOR (COMMUNITIES))

- 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 amendments to the previously approved terms and conditions for the purchase of affordable housing sites from Cumbria County Council and sale on to Two Castle Housing Association Ltd.

Decision

That the amended purchase and sale terms as detailed in the report be approved.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan priorities:-

1.6 Housing need in South Lakeland are addressed. The decision would contribute five homes to the target of 430 public-funded affordable homes between 2006 and 2011 and twelve homes to the target from 2011.

In addition, the decision linked to the Community Strategy – affordable housing priority. 393 w.e. 16.4.2010 Executive Decisions

Alternative Options Considered and Rejected

To purchase/sell the sites on the provisionally agreed terms and conditions – this was no longer an option.

Not to purchase/sell the sites – this would not achieve any affordable housing and would affect the Council’s corporate affordable housing target and may leave it with an unnecessary asset.

* * * * * * * * * * * *

EX/351 APPLICATION FOR DISCRETIONARY RATE RELIEF – REF 52575147

(ASSISTANT DIRECTOR (REVENUES & BENEFITS MANAGER)

- 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 an application for discretionary rate relief which had been received.

Decision

That in accordance with current policy, 20% discretionary rate relief be awarded from 1 April 2010.

Reasons for Decision

The decision was in line with Council policy guidelines.

Alternative Options Considered and Rejected

That the Council’s own in-house service took on the running of the service - this was not recommended as the in-house service lacked the necessary resource to carry out the service.

* * * * * * * * * * * *

EX/352 DETERMINATION OF DISCRETIONARY RATE RELIEF APPLICATIONS – (ANNUAL REVIEWS)

(CORPORATE DIRECTOR (MONITORING OFFICER))

- 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 award of discretionary rate relief for a number of organisations for a fixed period of twelve months. 394 w.e. 16.4.2010 Executive Decisions

Decision

That discretionary rate relief be awarded to the organisations as detailed in the report at the percentage stated, for the period 1 April 2010 to 31 March 2011.

Reasons for Decision

The decision would assist in the delivery of the Council’s Corporate Plan priorities of improving access of rural communities to the services and facilities they need – working with partners to deliver sports and recreation schemes – working with partners to develop and deliver health and well-being initiatives.

Alternative Options Considered and Rejected

To refuse the application – this would not be in line with Council guidelines.

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