Page 1 of 26 KENDAL TOWN COUNCIL
Notice of Meeting
MANAGEMENT COMMITTEE Monday 23rd January 2017 at 7.30 p.m. in The Mayor’s Parlour, Kendal Town Hall
Committee Membership (11 Members) Tom Clare (Chair) Austen Robinson (Vice Chair) Andy Blackman (Deputy Mayor) Stephen Coleman (Mayor) Clare Feeney-Johnson Lynne Oldham Jon Robinson John Veevers Jonathan Brook Geoff Cook Sylvia Emmott
AGENDA
1. APOLOGIES
2. PUBLIC PARTICIPATION
Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting. Information on how to make the application is available on the Council’s Website - www/kendaltowncouncil.gov.uk/Statutory Information/General/ Guidance on Public Participation at Kendal Town Council Meetings or by contacting the Town Clerk on 01539 793490.
3. DECLARATIONS OF INTEREST
To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda [In accordance with the revised Code of Conduct, Members are required to declare any Disclosable Pecuniary Interests (DPIs) or Other Registrable interests (ORIs) which have not already been declared in the Council’s Register of Interests. Members are reminded that it is a criminal offence not to declare a DPI, either in the Register or at the meeting. In the interests of clarity and transparency, Members may wish to declare any DPI which they have already declared in the Register, as well as any ORI.]
4. MINUTES OF PREVIOUS MEETING AND MATTERS ARISING (not otherwise on the agenda). Minutes of meeting held on 19th December 2016 (see attached)
5. URGENT ITEMS OF BUSINESS (CONTACT THE CHAIR PRIOR)
6. REPORT ON WORK PROGRAMME (see attached – to follow)
7. ANNUAL REPORT 2016 AND ANNUAL TOWN ASSEMBLY
8. KENDAL TOURIST INFORMATION CENTRE (see attached)
9. FLOODING DECEMBER 2015 – ISSUES RELATING TO RESPONSE TO THE FLOODING – CLLR A ROBINSON (see attached x2)
10. COMMUNITY EMERGENCY PLAN – ARRANGEMENTS FOR MANAGEMENT
11. CUMBRIA TOURISM COMMUNITY MEMBERSHIP 2016/17 (see attached x2)
12. ITEMS FOR THE NEWSLETTER Page 2 of 26 KENDAL TOWN COUNCIL
13. REVIEW OF SPEND AGAINST BUDGET 2016/17 (see attached)
14. EXCLUSION OF PRESS AND PUBLIC To consider whether members of the press and public should be excluded from the next item, which contains exempt information as described in Schedule 12A of the Local Government Act 1972
Part II (Excluded Items)
In accordance with Section 100(B)(2) of the Local Government Act 1972, the following report is excluded from inspection by members of the press and public as it contains exempt information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:
- Information relating to any individual [Paragraph 1]
15. PART II STAFFING • Council manpower and associated risks (Ref November meeting Minute 657/16/17)
16. READMISSION OF PRESS AND PUBLIC
17. ANY OTHER BUSINESS
Liz Richardson Town Clerk
By e-mail/post to: Members of the Committee All other Councillors (agenda only, for information)
Please note that only Committee Members will receive the minutes and attachments, but that other Councillors may request a copy of any agenda papers. Any Councillor who is not a Committee Member may still attend the meeting, as an observer.
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Members of the Press and Public are welcome to attend the meeting.
Page 3 of 26 KENDAL TOWN COUNCIL
Management Committee
Monday 19th December 2016 at 7.00 pm in The Mayor’s Parlour, Town Hall, Kendal
PRESENT Councillors Tom Clare (Chair), Andy Blackman, Stephen Coleman, Clare Feeney-Johnson, Lynne Oldham, Jon Robinson, Jonathan Brook and Geoff Cook.
APOLOGIES Councillors Austen Robinson (Vice Chair), John Veevers and Sylvia Emmott.
OFFICERS Liz Richardson (Town Clerk), Rose Tideswell (Temporary Council Secretary)
704/16/17 PUBLIC PARTICIPATION
None.
705/16/17 DECLARATIONS OF INTEREST
None.
706/16/17 MINUTES OF THE MEETING HELD ON 28th NOVEMBER 2016
The Chairman presented the minutes of the meeting held on 28th November 2016, which had not yet been approved by full Council.
The minutes were accepted as a correct record.
RESOLVED That the minutes of the meeting of the Committee held on 28th November 2016 be accepted as a correct record.
707/16/17 MATTERS ARISING (Not on Agenda)
None.
URGENT ITEMS OF BUSINESS
708/16/17 Repairs to the front facade of KTC rented garage on Dowker Lane.
The Town Clerk asked for approval to pay for urgent repairs to the wood panelling frontage of the rented garage on Dowker Lane. The lower sections were rotten and could present a security issue. It had been checked that the Council were responsible for the repairs needed. Councillor Coleman proposed approval to spend up to £500 for repairs. This was seconded by Councillor Feeney-Johnson and carried unanimously.
RESOLVED That the Town Clerk be authorised to proceed with the repairs to the KTC garage on Dowker Lane up to an amount of £500.
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709/16/17 Kendal Food Festival.
The Town Clerk reported that the Kendal Food Festival may not go ahead due to a shortfall in funding. Councillor Feeney-Johnson advised members that the organisers of the festival have been talking to the Wool Gathering festival committee to perhaps combine with them to run a local food festival in 2017.
Councillor Blackman was saddened by the situation and wanted to thank them for their contribution to Kendal. He would encourage the Kendal Food Festival committee to make plans for 2018. He proposed that emergency funding not be given for 2017 but that KTC is supportive of a Food Festival in 2018. An application for funding should be completed for submission to the Christmas Lights and Festivals Committee. This was seconded by Councillor Feeney- Johnson and carried unanimously.
RESOLVED The Town Clerk writes to the Kendal Food Festival committee thanking them for their contribution to Kendal and advising them to complete a submission for a grant in 2018.
710/16/17 ACTION PLAN FOR KENDAL PROGRESS UPDATE
As Councillor Emmott was unable to be present, the Town Clerk updated on the lighting element of the scheme.
Councillor Brook suggested that some written information on the progress should have been available as it was an agenda item. It was proposed that the Town Clerk asks Councillor Emmott to email a briefing note with details of the scheme and the timetable to members.
Councillor Feeney-Johnson reported that two traders from Market Place had approached her about the lack of information on the public consultation for Market Place. It was agreed that this lay with SLDC and the Town Clerk would pass this on to them and Councillor Emmott. It was suggested that a letter should be issued to Market Place traders to keep them abreast of progress.
RESOLVED That Councillor Emmott provides members with a briefing note.
711/16/17 REPORT ON WORK PROGRAMME
The Town Clerk presented her report on project progress for December 2016.
Councillor Cook enquired if the KTC chairs and desks had been sold. The Town Clerk confirmed that they were still in storage until the new lease had been agreed with SLDC for the Council Chamber.
The Town Clerk commented that there were still issues with the projector for the external Christmas Town Hall light display.
Councillor J Robinson asked if the mapping project for allotments
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was progressing and the Town Clerk confirmed that it was moving ahead.
The Town Clerk advised members that phase 2 of the Kendal Castle Project work was possibly to be brought forward as CCC had identified some potential underspend.
RESOLVED That the report be noted.
712/16/17 COMMUNITY EMERGENCY PLAN – ARRANGEMENTS FOR MANAGEMENT
Councillor J Robinson advised the meeting that the community emergency plan was still a work in progress, with Councillor Clare stating that arrangements for the Kendal emergency plan would be based on the Keswick model. The plan would address not just flooding but any emergency such as motorway accidents and train incidents like the Grayrigg derailment. The Emergency Plan group would be managing the warning and informing stages and co- ordinating other groups.
Councillor J Robinson proposed that KTC act as the accountable body and this was seconded by Councillor Cook. Councillor Feeney-Johnson proposed an amendment that KTC would only do this provided there was a proper constitution. This was seconded by Councillor Backman and carried unanimously.
RECOMMENDATION That KTC will be the accountable body for the Community Emergency Plan group when it is formally constituted.
713/16/17 NHS – INTEGRATED CARE AND KENTMERE WARD UPDATES
The Town Clerk advised that she has asked for a presentation on Integrated Care Communities (ICC) from Dr. Russell the Kendal ICC lead GP and Mr. Conefrey an officer from CCC to Council in February.
Councillor Feeney-Johnson asked that KTC engage with this work as the requirements of Kendal communities needs to be discussed and identified.
The Town Clerk advised members that the Kentmere Ward would be remaining open following the news that the NHS Cumbria Clinical Commissioning Group public consultation had been delayed until after April 2017. Councillor Clare stated that this is also something KTC will want to be engaged in and they will continue to watch the progress.
RESOLVED That the Town Clerk endeavours to get Dr. Russell and Mr Conefrey to make a presentation on Integrated Care to Council in February.
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714/16/17 KENDAL TOURIST INFORMATION CENTRE – CORRESPONDENCE FROM MR SWINDLE
The Town Clerk advised members that she had received an email from Mr. B. Swindle with regard to the current location of the Tourist Information Office and asking that monies from the Town Newsletter be diverted to reinstate the Tourist Information Centre in the Town Hall.
Councillor Cook stated that it is a misunderstanding of the public that KTC is responsible for the Tourist Information Centre.
Councillor Feeney-Johnson stated that the newsletter is good value for money. It allows KTC to advertise events and grants that we would otherwise have to pay the local paper for and to report on how we spend our money. Historically the Committee have discussed this in detail several times. KTC have supported the TIC, directional signage and the new Kendal website under construction. For tourists it is important they know where the TIC is. The TIC has also been discussed previously and it has been agreed that KTC cannot run it and that the current arrangement is workable and supported financially by KTC.
Councillor Blackman proposed that the Town Clerk replies to Mr Swindle as discussed in consultation with the Chair. This was seconded by Councillor Feeney-Johnson and carried unanimously
A general discussion the ensued about the Kendal Tourist Information Centre report that was a requirement of funding support. The Town Clerk reported that a short report had been received but was lacking in certain details. The Committee requested that the Treasurer follow this up and stress the importance of the report. The Treasurer to make a recommendation to January Council.
RESOLVED 1. That the Town Clerk replies to Mr.Swindle regarding the Tourist Information Centre.
2. That the Treasurer discuss the report required for funding support with the TIC and make a recommendation to January Council.
715/16/17 WALKING FESTIVAL 2017 – CLLR BLACKMAN
Councillor Blackman advised members that he was mindful in his Mayoral year to organise a Kendal Walking Festival with a suggested date of the 1st to 4th June 2017. He had approached local groups such as the Ramblers, U3A, Cumbria Wildlife Trust, the Wainwright Society and Kendal Mountain Festival, the National Trust and LDNPA. Walking groups would be invited to organise and put on a walk and the Wainwright Society has already offered to put on a walk through the yards. There was however work to do in organising a website and cross referencing this to the Ramblers & KTC websites and how payment could be taken. It was thought that The Brewery may be set up to act an intermediate through which online payment could be made.
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Councillor Feeney-Johnson thought that there should be a specific walk completed by The Mayor to start the festival.
Councillor Coleman said that KTC could facilitate the start up of the Festival and Councillor Clare stated that there were grants available from the Christmas Lights & Festivals Committee.
It was proposed by Councillor Blackman Management Committee support the idea of a Kendal Walking Festival. This was seconded by Councillor Coleman and carried unanimously. It was agreed that an item be put on the agenda of the next Christmas Lights & Festivals Committee.
RESOLVED That the idea for a Kendal Walking Festival is supported and that Councillor Blackman requests funding from the Christmas Lights & Festivals Committee.
716/16/17 CLAIMED RIGHTS OF WAY – LUMLEY ROAD/STONECROSS ROAD
Councillor Cook declared an Other Registrable Interest in this item as a CCC Councillor.
The Town Clerk presented a letter from CCC about an order to modify the Definitive Map by adding a length of public footpath that has been walked from 12 to 40 years without challenge.
A general discussion ensued with Councillor Feeney-Johnson proposing that KTC supports the modification. This was seconded by Councillor J Robinson and carried unanimously.
RESOLVED That the Town Clerk advises CCC that KTC supports the modification to add a length of footpath at Lumley Road/Stonecross Road to the Definitive Map.
717/16/17 FLOODING DECEMBER 2016 – ISSUES RELATING TO RESPONSE TO THE FLOODING
The Chair advised that Councillor A Robinson was leading on this issue. Councillor Cook believed that the Environment Agency next steps in terms of proposals and timescales were now important. Councillor Clare stated that the proposals to reduce flooding where long and short term and that KTC needed to continue to press for progress. Councillor Clare proposed that Councillor A Robinson provides a draft letter for the January meeting. This was seconded by Councillor Coleman and carried unanimously.
RESOLVED That Councillor A Robinson provides the Committee with a draft letter to the Environment Agency at the January meeting.
718/16/17 ITEMS FOR THE NEWSLETTER
It was noted that the deadline for items to be included in the next KTC newsletter was the end of January and the newsletter would
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be circulated in March 2017.
The Chair advised members that some of the articles to be covered would be Britain in Bloom, 25th Rinteln Twinning anniversary and proposals for flooding resilience.
Councillor Feeney-Johnson suggested articles on the 10th anniversary of the Moonfest festival and the Kendal Rugby Club move to their new venue.
719/16/17 EXCLUSION OF PRESS AND PUBLIC
It was proposed by Councillor Brook and seconded by Councillor Cook to move to Part II. This was carried unanimously.
RESOLVED That the press and public be excluded for the following items of business.
Part II In accordance with Section 100(B)(2) of the Local Government Act 1972, the following reports were excluded from inspection by members of the public as they contain exempt information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:-
Information relating to any individual [Paragraph 1]
STAFFING MATTERS [Paragraph 1]
720/16/17 Temporary Maternity Cover for Council Secretary
The Town Clerk advised members that interviews had been held for the position and that an offer had been made to an applicant to which a reply was awaited. It was hoped that the successful applicant would commence at the beginning of January to allow a handover period.
721/16/17 READMISSION OF PRESS AND PUBLIC
It was proposed by Councillor Brook to re-admit the press and public. This was seconded by Councillor J Robinson and carried unanimously.
RESOLVED That the press and public be re-admitted for the remainder of the meeting (none were present).
722/16/17 ANY OTHER BUSINESS
None.
The meeting closed at 9.05pm.
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Summary of Information, Resolutions and Recommendations to Council
Min Subject Information/Resolution/Recommendation to Council
708 Repairs to front façade of RES That the Town Clerk be authorised to KTC rented garage on proceed with the repairs to the KTC garage Dowker Lane on Dowker Lane up to an amount of £500.
709 Kendal Food Festival RES The Town Clerk writes to the Kendal Food Festival committee thanking them for their contribution to Kendal and advising them to complete a submission for a grant in 2018. 710 Action Plan for Kendal RES That Councillor Emmott provides members Progress Update with a briefing note.
711 Report on Work Programme RES That the report be noted. 712 Community Emergency Plan REC That KTC will be the accountable body for – Arrangements for the Community Emergency Plan group Management when it is formally constituted.
713 NHS – Integrated Care and RES That the Town Clerk endeavours to get Dr. Kentmere Ward Updates Russell and Mr Conefrey to make a presentation on Integrated Care to Council in February. 714 Kendal Tourist Info Centre – RES 1. That the Town Clerk replies to Correspondence from Mr Mr.Swindle regarding the Tourist Swindle Information Centre.
2. That the Treasurer discuss the report required for funding support with the TIC and make a recommendation to January Council. 715 Walking Festival 2017 RES That the idea for a Kendal Walking Festival is supported and that Councillor Blackman requests funding from the Christmas Lights & Festivals Committee. 716 Claimed Rights of Way – RES That the Town Clerk advises CCC that KTC Lumley Rd/Stonecross Rd supports the modification to add a length of footpath at Lumley Road/Stonecross Road to the Definitive Map. 717 Flooding Dec 2016 – Issues RES That Councillor A Robinson provides the Relating to Response to the Committee with a draft letter to the Flooding Environment Agency at the January meeting.
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KENDAL TOWN COUNCIL
Town Clerk Town Hall Elizabeth Richardson BSc (Hons) Kendal Cumbria Town Treasurer LA9 4DQ Jack Jones CPFA Phone: 01539 793490 Email: Fax: 01539 735984 [email protected]
12 January 2017
Dear Mr Johnston
KENDAL TOURIST INFORMATION CENTRE
I am writing on behalf of Kendal Town Council regarding the Kendal TiC hosted by the Made in Cumbria shop on Branthwaite Brow which we fund with a grant of £5k per year. This is currently year 2 of a 3 year agreement. We are in the process of seeking a report on the year and forward Business Plan from Derek Armstrong before releasing the current year’s funding which has not been forthcoming to date.
It was therefore extremely disappointing to hear via the grapevine yesterday that it was reported at Kendal BID the evening before that the Kendal TiC is to no longer be hosted in the Made in Cumbria shop. If this is the case, as a provider of funding we would have expected to have been told directly in advance.
We would appreciate urgent communication from yourself to clarify the position, timescales and reasons for the decision. KTC is committed to having a TiC in Kendal and therefore would there be anything we as a Town Council can do to change the situation? A meeting to discuss further would also be most welcome.
Yours sincerely,
Liz Richardson Town Clerk.
Cc Cllr Stephen Coleman, The Mayor of Kendal Cllr Tom Clare, Chair of Management Committee
Mr Rob Johnston Chief Executive Cumbria Chamber of Commerce Broadacre House 16-20 Lowther Street Carlisle. CA3 8DA
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KENDAL TOWN COUNCIL
Town Clerk Town Hall Elizabeth Richardson BSc (Hons) Kendal Cumbria Town Treasurer LA9 4DQ Jack Jones CPFA Phone: 01539 793490 Email: Fax: 01539 735984 [email protected]
24 January 2017
Dear Ms Jones
I am writing on behalf of the Management Committee of Kendal Town Council.
We very much welcomed the responses and comments in your email dated 04/10/2016 from the Environment Agency (EA), Cumbria County Council (CCC) and South Lakeland District Council (SLDC), and appreciate the volume of work undertaken, especially in the preparation for and as a result of the Section 19 Report. Many Councillors attended the Section 19 Report presentations held in Kendal in mid-December.
In response to the above we have added some further thoughts and comments, and would, however, ask for some further clarifications.
Question 1 (The scope of the work undertaken)
There is a greater need to take into full account all of the water sources, not just those directly affecting the fluvial situation, which is primarily what you are directly concerned with. The picture of flood risk is, as this council has said and you agree, rather more complex and derived from a range of sources, including surface water, drainage systems, minor watercourses, sewers, groundwater etc.
The EA response to us iterated and re-iterated ‘within river catchments’, but without all waters included, any re-modelling is inevitably inaccurate.
In the Council’s original question to you it stated that “new maps should also show areas flooded in the last ten years (including Highgate, [for example, which we believe was not fluvial rather the result of ‘overland flow and kettle holes’]) and distinguish between waters derived from the river, from groundwater coming off nearby hills, rainfall within urban developments, or from sewers”. We should also now indicate the same for previous Hallgarth flooding(s), reminding us in both instances that we are living in a valley.
So will the final re-modelling and maps be an accurate reflection and assessment of the flooding situation/risks for the whole of Kendal?
Question 2 (Implications for current and future Development Sites)
This is answered in rather general, procedural and careful, but not fully re-assuring terms, because it fails to respond directly to all of the specific questions posed. We are, however, delighted that you have started a new Strategic Flood Risk Assessment (SFRA) in order to better inform the revised Development Plan in 2021, and that it will be available for use with the assessment of existing sites in the interim. Page 12 of 26
Under what circumstances would/will SLDC be prepared to request and finance an independently-reviewed viability assessment for particular sites? And at what stage may de-allocations be possible?
Question 3 (Flood Warnings)
We appreciate the problems, and this Council would like to try to help the situation. Flood warnings need to cover the whole area, not just those areas for which the EA has legal responsibility. (And as a reminder this Council would support the re-instatement of a siren.)
Question 4 (Monitoring of Maintenance Issues)
So what can we do about it beyond the legal requirements?
Question 5 (Attenuation Measures)
The County Council needs to be strong in its advice and requirements, should take a bolder lead and, where necessary, be prepared to employ independent drainage engineers to support their case.
Some sites have considerable drainage problems before possible development, so for the Lead Planning Authority (LPA)/CCC to be obliged to use the statement ‘to regulate the flow (of water) from any development to no more than would run off if the site was grassed over’ is totally unacceptable, when it is acknowledged that many sites are already unloading sometimes inordinate volumes of water into a system that is not currently coping.
Question 6 (The effects of climate change)
The data quoted needs to be updated by Government, and it needs stressing that climate change is speeding up. The last update still only applied to rivers, and surface water was not included. We need an assurance that this situation will be rectified and then the necessary adjustments applied. We also need specific data and requirements for Cumbria and, in particular, for the Kent Valley, as figures indicated hitherto are merely of a general nature and not specific enough for this area.
When new data is available, what effect will that have on existing, but not yet developed allocated sites?
Question 7 (Procedural)
Will all flood mitigation measures and drainage systems be in place before sites are developed? For clarity on our part this ‘before’ refers especially to sites where existing problems need to be resolved in addition to those envisaged because of actual development? Development work on site should not commence until this pre- development need has been fully assessed and the resultant work carried out.
Question 8 (Drainage consultancy)
Because we understand that SLDC no longer employs specialist drainage engineers with access to and experience of new and up-to-date technologies, resources and techniques, it is necessary either to appoint one or to be obliged to seek that independent expertise further afield and obviously budget for it.
Question 9 (Network Rail)
We welcome the closer links.
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Section 19 Document
Flooding History - It would seem that the Lowther Park flood has been omitted. Recommended Actions - Fine for the time-being.
Every site should contribute to solving the existing and predicted flooding problems of Kendal. Otherwise it should not be developed.
Because the need to slow the flow of water has now been officially acknowledged, we need every site to be assessed accordingly and all underground watercourses and minor streams to be included in that assessment.
This council, as a planning consultee, always prefaces its recommendations on new developments with the statement “We are anxious that major developments should not take place until cognisance has been made of the Section 19 Report and its possible recommendations”, and we believe that SLDC should be very wary about allowing new developments until they are satisfied, post the Section 19 Report and the ensuing Consultant’s Report, that it is wise to progress.
It is apparent from the Section 19 maps that current developments - off Oxenholme Road for example, and many (possible) developments have at times serious flooding potential and issues – for example, off Hallgarth and off Burneside Road, Lumley Road, top Oak Tree Road.
It is not just a question of looking at the site itself, but also the potential it may have for affecting elsewhere, for example the extension to Kendal Parks and the possible implications for Strawberry Fields and The Oaks.
It would be very unwise to permit any development above the current development line because of the potential flooding threat to any settlement lower down the slopes.
[Incidentally, there is seemingly no indication of mapping for the run-off from the Brigsteer Road/Underbarrow Road developments, and although Blind Beck itself did not flood on this occasion some cellars in the vicinity and lower down towards the River Kent were rising-ground-water flooded.]
No further areas of ‘swampy’ land should be developed, because of the loss of natural flood storage/water retention, as was the case with much of Sandylands and Lowther Park etc. Land is saturated often in such areas, though Desmond did catch us at its worst ‘when groundwater levels were already at or near ground level.’ Much greater attention needs to be placed on soil permeability, and certainly no further development should further compromise the Stock Beck situation. The implications of the new development at the top of Sandylands must act as a severe warning.
Basically, no further developments on the left bank of the River Kent should be seriously considered.
Outline planning consent in all cases should not be granted unless drainage matters have been thoroughly addressed and proven to be viable.
Kendal should be made a special case.
We would urge SLDC and CCC to stand up for the needs of the people of Kendal and fight for Kendal to be such in planning terms because of its sensitivity to flooding.
The Section 19 Report highlights the fact that we are at the confluence of the River Kent and its two major tributaries. We have three Stock Beck tributaries, Natland Mill Beck and a tributary, Gilthwaiterigg Beck and Blind Beck, and we are topographically caught in a relatively steep-sided valley with a large and higher hinterland. The rainfall figures Page 14 of 26 are extremely (especially) high and the River Kent is the fastest-flowing major river in the country. There needs to be clear recognition that the River Kent does not behave like the River Eden even, for example, does not reflect the problems on the Somerset Levels and that generic modelling will not be an appropriate basis on which to work. And we have two railway embankments to compound the problems.
Most of low-lying central Kendal is on a floodplain, so developments such as Sainsbury’s must now be seriously put into question, and here we saw a serious case of over-topping.
No further developments should take place on the floodplain. [See the cover story of the i (06.01.2017) below. The accompanying photo (not shown) was of Carlisle.]
Planners need to be better armed and should press the Government to consider the implications for people who buy knowingly or unknowingly a property that is not flood resilient because of where it is.
Kendal needs to be defined as a critical drainage area in order to enable the Local Planning Authority and the Lead Local Flood Authority (LLFA) to apply more stringent standards on drainage, and both organisations need the tools to object to developments.
Kendal is also a critical component in the national highway network, and there is a need to consider whether major growth should really be located nearer to the M6 corridor in any case.
As regards financing any resilience work, perhaps the Stock Beck Flood Alleviation Scheme in 2005 can be a useful model and warning. If a job is worth doing, it is worth doing properly, and both capital and revenue monies will be needed.
We look forward to your further written thoughts, but in any case would welcome an opportunity to discuss the situation with you - in a similar manner to the very successful meeting we had last year.
We should also like to ensure that we contribute in this next phase to discussions with the consultants who are currently being employed to look at the ways forward.
Yours sincerely,
Liz Richardson Town Clerk.
Cc Cllr Tom Clare, Chair of Management Committee Cllr Austen Robinson, Vice-Chair of Management Committee
Ms Angela Jones Assistant Director Economy and Environment Cumbria County Council County Offices County Hall Kendal. LA9 4RQ Page 15 of 26
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Response from Environment Agency (EA), South Lakeland District Council and Cumbria County Council Lead Local Flood Authority (LLFA) to question submitted by the Kendal Town Council on the 2nd of August 2016.
1. To what extent have the reasons for and the causes of previous flooding (including flash floods) been researched, addressed and mapped into a general map of flood risks and the resultant new flood zones? And, if not completely, why not?
Being resilient merely to further 05 December rains will only partly answer the question of flooding in this area. There were many differences between last year’s flooding and what had gone on before, and we “need to map our past and recent events in order to assess as accurately as possible our future vulnerabilities”(Town Council letter of 14 March 2016). As the Council emphasised in its submission, maps and responses should be based on flooding over recent and past events. In the Council’s original question to you it stated that “new maps should also show areas flooded in the last ten years (including Highgate, for example) and distinguish between waters derived from the river, from groundwater coming off nearby hills, rainfall within urban developments, or from sewers”. It is also very apparent that very little detail has been known and understood about the flooding causes and potential on the eastern/north-eastern side of Kendal. Much more remains to be learnt.] Desmond is very unlikely to appear (exactly) as Desmond again, but we believe that the report underplays likely increases in rainfall over the next 30-70 years. (c. f.)
Response from Environment Agency
It is important to note that prior to Storm Desmond, the Environment Agency already had flood risk maps for Kendal. These maps were derived from hydraulic models of the River Kent and its tributaries through Kendal. The ‘pre-Desmond’ hydraulic models used data and information gathered from previous flood events within the river catchments, including from historic flood events in Kendal, to inform our understanding of flood risk in the area. This information included gauged river flows from our network of river gauges, as well as observed flood event outlines in areas of Kendal previously affected by flooding. Prior to the 5th December flood event, these existing flood risk maps showed areas of Kendal that had previously being affected by flooding within our mapped flood risk areas, and as such provided an accurate reflection of what was our understanding of flood risk in the town.
As has already been discussed, the Storm Desmond flood event on 5th December produced record rainfall and river levels within local river catchments, resulting in the largest flood event ever experienced in living memory in Kendal. This culminated in areas of Kendal being affected by flooding that had never previously been affected before. Hydrological estimation, which underpins our understanding of flood risk within river catchments, is a constantly-evolving science. It is therefore vitally important to periodically update flood risk mapping models with the latest gauged river level information and observed flood event outlines, as well as using the latest hydrological estimation techniques and hydraulic modelling software, to ensure that our understanding of flood risk is as accurate as possible. This is especially the case after significant flood events – especially those that are the largest ever recorded within catchments – as these large magnitude events comprehensively shape our understanding of flood risk. This is why the Environment Agency are currently producing an updated catchment model for the River Kent and its tributaries, which will use data and information gathered from a range of sources during the December flood event, as well as the latest hydrological estimation techniques and hydraulic modelling software, to produce updated flood risk mapping for Kendal. It is important to note that the updated model will still make use of any previously gathered historic information, such as years of river flow gaugings within the catchment. As such, the updated model is further building on our understanding of flood risk, using new information to supplement existing information.
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As you rightly say, no two flood events are the same, and the next flood event to affect Kendal may differ considerably to Storm Desmond. Building a robust hydraulic model enables us to appraise the potential impacts of a range of possible flood event scenarios within the local river catchments to ensure we have as extensive an understanding of flood risk as possible.
The Environment Agency invest a significant amount of money in flood risk mapping and modelling, which informs our understanding of flood risk and underpins our investment decisions. Going forward, the Environment Agency will continue to invest in developing the hydraulic modelling and flood risk mapping in Kendal to ensure that our understanding of flood risk, including the ongoing potential impacts of climate change on rainfall and river levels, and any future flood events experienced, are taken into account.
We are very aware of the concerns raised by the Town Council, and from local residents, including the North East Kendal Flood Action Group, regarding flood risk in the North East part of Kendal, specifically in the Sandylands estate and the areas above. Although some of the flooding issues in this area can be attributed to the main river Stock Beck tributaries, the picture of flood risk is, as you say, rather more complex and derived from a range of sources, including surface water, minor watercourses and groundwater.
(See Question 6 later)
2. In the light of the re-modelling work how will SLDC respond?
There is currently a lack of clarity and detail as to what measures will be employed to re-visit and re-assess current Local Plan allocated sites and the viability/non-viability and deliverability of those sites. It has been stated that “any sites with severe concerns are flagged up as not appropriate and others with minor areas of concern are discussed in detail with any potential developers to ensure the risk of flooding is covered.’’ Will SLDC reduce the size of currently allocated and not yet developed sites, reduce the number and density of dwellings on a site and even go as far as the de-allocation of a particular site that is henceforth unsuitable for development? And will the increased mitigation measures required mean that SLDC will automatically sacrifice, even possibly in its entirety, its target of 35% affordable homes on any particular site? And some sites may now be judged inappropriate for development.
Response from South Lakeland District Council
The draft Kendal Flood Investigation Report and overarching Cumbria Flood Action Plan include actions to review the Local Plan to reflect current understanding of flooding post Storm Desmond.
The District Council has commenced discussions with the Environment Agency and Cumbria County Council as Local Lead Flood Authority to take forward these and other recommendations in both reports. At present the way forward will include:
• Updating the Strategic Flood Risk Assessment (SFRA) for South Lakeland, taking full account of the understanding of flooding post Storm Desmond and including the results of the Environment Agency’s flood modelling work which will be available by the end of 2016 • Updating planning policy on Sustainable Drainage in the draft Development Management Policies DPD, which SLDC’s cabinet will consider approving on 26 October for wide ranging public consultation for about 8 weeks from 10 November. • SLDC is commencing a Local Plan review in 2017 for adoption by 2021. This will include a review of all outstanding site allocations and take account of updated flood information. In the short term, the latest flooding information post Storm Desmond will be taken fully into account on allocated sites site allocations through the preparation of remaining Development Briefs and assessment of planning applications. These will take account of the
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forthcoming update of the SFRA and Development Management policy on Sustainable Drainage. • Any potential implications for the development of allocated sites will be considered on a site- by-site basis at the planning application stage. In practice the Local Plan already assumes a 75% net-developable area for most site allocations, with 25% remaining for non-housing uses such as flood mitigation measures, open space and landscaping. But if larger areas are required for flood mitigation measures, this can be taken into account at the planning application stage. If this involves exceptional costs, an independently-reviewed viability assessment would inform consideration of the case for varying other planning obligations such as affordable housing.
3. How will flood warnings and the flood warning service be more efficient in the future?
Flood warnings are based on river levels and currently do not provide a flood warning from other sources of flooding. Surface water flooding/run-off waters, for example, were and always are major contributory factors to the problems in Kendal. The re-instatement of a siren system could/would be a valuable first step in alerting the public of imminent flooding, but additional localised warnings would also need to be in place.
Response from Environment Agency
In terms of the question of Warning for surface water it is important to state the fact that the Environment Agency issue Flood Warnings for Rivers and the Sea and has no statutory duty in relation to issuing warnings of flooding from other sources such as surface water flooding following heavy rainfall.
Our Flood Warning areas are based on outlines of communities or parts of communities shown on our flood risk maps that could be affected by flooding from rivers and the sea. We are tasked with warning areas of floodplain out to a 0.1% chance of flooding happening in any year where we can provide a forecasting, detection (river level monitoring) and warning service in advance of flooding. Many of these areas of floodplain also include areas susceptible to surface water flooding which may occur prior to or in conjunction with the onset of river flooding.
We do in some circumstances provide warnings to areas alongside rivers immediately to rear of Flood Defences where surface water drainage can back up as a result of high river levels. These warnings are issued from site observation and cannot be forecast.
Though the Environment Agency don’t issue direct warnings in relation to surface water flooding we do work in close partnership alongside the Met Office through the joint Flood Forecasting Centre. Indications of potential surface water flooding can be viewed via the 5 Day Flood Forecast for England and Wales via the gov.uk website which gives a flood risk assessment based on County/Unitary boundaries
See example from link: https://flood-warning-information.service.gov.uk/5-day-flood-risk
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Through our Local Resilience Forum relationship with Met Office Civil Contingency Advisors we can sign also Kendal Town Council lead officers to receive e-mail bulletins on rainfall and adverse weather issued by the Met Office Civil Contingencies Advisor for the North West. We would just need some e-mail addresses or contact numbers to pass on to Dr Alan Goodman the current Met Office North West Civil Contingencies Advisor.
These Bulletins are generally issued when a National Severe Weather Alerts are Warnings pertaining to the North West and Cumbria such as for the potential for heavy rainfall with potential surface water impacts being issued by the Met Office National Severe Weather Warning Service. Any Severe Weather Warnings can be viewed via the Met Office Website: http://www.metoffice.gov.uk/public/weather/warnings
South Lakeland District Council already receive these Met Office briefings as well as having their own local weather provider who provides them with weekly briefings and rainfall warnings.
Our Flood Resilience Team also endeavour when such bulletins are issued to circulate ‘heads up’ messages via the Cumbria Community Messaging for which we are a licenced message provider. The service is entirely free to members of the public to receive messages and Kendal Town Council can also sign up as an information provider for a small annual fee.
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This system enables messages to be sent out to a wider audience than just those registered in Environment Agency Flood Alert and Flood Warning areas
Details at www.cumbriacommunitymessaging.co.uk
Further information can be obtained from Christine Makin, who is the secretary for the CCM system. E-mail: [email protected]
In addition to the Five Flood Warning Areas on the River Kent which also includes Helsington Mills we have added two additional warning areas to the in areas of Sandylands and Lowther Parks affected by flooding from Stock Beck and its tributaries on the east side of the town which residents and businesses in those areas are now able to sign up to these warnings. The Environment Agency has taken steps, and will be taking more, to encourage property owners to sign up for the free flood warnings in these areas, but unfortunately many have still not done so. If the Town Council can help in any way to help us to encourage people to sign up for flood warnings via its networks, then that would be most appreciated.’
In relation to the Stock Beck Flood Warning Areas we are working on Forecasting Improvements and developing a Rainfall Run-off Model linked to levels at our River Level Monitoring Site located at Jewson’s Yard this year. We are looking to update Kendal Flood Warning areas by Feb 2017 and also developing a tool for calculating time to fill for Calder Drive Flood Basin (Stock Beck) with the aim of this being available when we update the Kendal Model (Nov-Dec 2017).
We do take your point that surface water and run-off are additional contributory factors to flooding in the town during the flooding in December 2015 and this is a concern in those Flood Warning areas associated with Stock Beck and its tributaries as well as other areas not covered by our fluvial warning areas. There are a small number of Environment Agency rain gauges in the vicinity of the town and our Duty Officers do pass rain gauge alarms onto South Lakeland District Council. We could arrange to pass alarms to Town Council Officers but we would require out of hours contacts. This would probably require further discussion with yourselves as rain gauge alarms do not mean there will be issued with surface water flooding.
With regard to Flood Warning improvements the record levels on the River Mint which we saw in December 2015 generated flow-routes and flooding not previously observed in previous flood events in the town .In response to this we have also added new Flood Warning levels to our gauging station at Mint Bridge on the River Mint (to the rear of Morrison’s Store upstream of the A6 Mint Bridge) to generate additional warnings. We are developing forecasts to Mint Bridge Gauging Station in order to give advance warnings in the future. All the main Flood Warning River Level Stations in Kendal can be currently viewed via the gov.uk website via link:
https://flood-warning-information.service.gov.uk/river-and-sea-levels?location=kendal
The post flood appraisal and modelling currently being carried out by the Environment Agency is reviewing the Flood Warning Areas and Thresholds in Kendal and the new Flood Warning Service (FWS) due to be introduced late 2016 /early 2017 will give us the ability to group and issue warnings together which was difficult to achieve with the systems we had at our disposal during the Storm Desmond Event. We continue to liaise with and keep the Town Council appraised of any changes that are proposed,
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4. What measures and mechanisms will be in place to ensure that all maintenance requirements ‘outside the vicinity’ of the main rivers are seen to?
Response from Cumbria County Council (Lead Local Flood Authority)
Outside of the main rivers there is routine maintenance by Highways on drainage assets for the following:
• Bridges • Gullies • Culverts • Retaining Walls
Ordinary watercourses piped or in open sections is the responsibility of riparian owner (land owner) with no formal inspection regime. Any concerns over nuisance reported to CCC would of course be investigated to see if we needed to use our powers under the drainage act to ask a riparian owner to take action.
5. What effective attenuation measures will be introduced?
There often seems to be an insistence to build on ‘swampy’ areas of land which have hitherto been marvellously sustainable and natural drainage systems in themselves. Lowther Park and upper Sandylands are notable reminders, but many outlined housing developments fall into the same category. SUDS in an area like ours will certainly not be an answer in themselves when dealing with already lying water and/or often very fast- flowing run-off water on top of land that may be saturated already. New housing developments have already unquestionably contributed to flood increases in Kendal. How successful have attenuation measures been on recent housing developments? And, if not completely so, why not?
Response from Cumbria County Council (Lead Local Flood Authority)
Sustainable drainage is an ask of South Lakeland Planners (SLP)and ourselves as Lead Local Flood Authority (LLFA). It is a requirement under the National Planning and Policy Framework issued by the government. We are asked to look at building in sustainability it all new housing sites where the techniques are applicable. Therefore careful assessment is undertaken by developers to prove that sites are suitable or not for the various techniques that can be applied. Attenuation measures such as storage basins are very effective measures of slowing the discharge or regulating the flow from any development to no more than would run off if the site was still grassed over. All design put forward are technically assessed by the LLFA and jointly approved with SLAP with regard any sustainable drainage employed on development sites.There is currently only one scheme in recent history that is not operating as expected at Jenkins Crag. UU is investigating why flooding took place along with the local housing association and us.
6. What are the most up-to-date assumptions and requirements to address the potential of climate change in the future, and in the light of possible future climate change predictions, what on-going flexibility will the agencies have to modify their requirements and put pressure on developers?
As indicated earlier, this Council believes that the Environment Agency has not taken into sufficient account the likely increases in rainfall due to climate change, and the increased risk to the very many properties that nearly flooded and about which there is very little data available. Had Desmond, for example, been slightly worse, what could have been the result?
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Response from Cumbria County Council (Lead Local Flood Authority)
The National Planning Policy Framework (NPPF) sets out how the planning system should help minimise vulnerability and provide resilience to the impacts of climate change. Issued on the 19th February was an updated planning practice guidance when and how flood risk assessments should be used. Including how flood risk should be managed now and over a developments lifetime.
The climate change allowances are predictions of anticipated change for:
• peak river flow by river basin district o 3 main river basins in Cumbria . North West, Solway and Tweed • peak rainfall intensity • sea level rise • offshore wind speed and extreme wave height
The EA uses the following data and standards as the benchmarks for the advice it gives as a statutory consultee :
• peak river flow allowances by river basin district in the table below for both flood risk assessments and strategic flood risk assessments
• flood risk vulnerability classification for the type of development and flood zone, over the lifetime of the proposed development, in development plan allocations for strategic flood risk assessments
• flood risk vulnerability classification for the type of development and flood zone as a guide to decide which allowances to use based on the vulnerability of the development for flood risk assessments - you should consider the lifetime of the proposed development to decide which future time period to use
Total potential Total potential Total potential River Allowance change anticipated change anticipated change anticipated basin category for the ‘2020s’ (2015 for the ‘2050s’ (2040 for the ‘2080s’ (2070 district to 2039) to 2069) to 2115) North Upper end 20% 35% 70% West Higher 20% 30% 35% central Central 15% 25% 30% Solway Upper end 20% 30% 60% Higher 15% 25% 30% central Central 10% 20% 25% Tweed Upper end 20% 25% 45% Higher 15% 20% 25% central Central 10% 15% 20%
The LLFA which needs to look at concerns of surface water flooding is now working with the table below for Surface water drainage in Cumbria.
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Applies Total potential change Total potential change Total potential change across all of anticipated for the anticipated for the anticipated for the England ‘2020s’ (2015 to 2039) ‘2050s’ (2040 to 2069) ‘2080s’ (2070 to 2115)
Upper End 90th 10% 20% 40% Percentile Central 50th 5% 10% 20% Percentile
Allowance will be assessed across four stages
1. Establish lifetime of the development 2. Assess the appropriate range of allowances (table above) a. Agreed with LLFA 3. Determine which allowance is to be applied a. Developer test at Central and Upper End allowances and agreement is reached with LLFA as to what is appropriate for major development. 4. Where necessary, incorporate mitigation measures a. Where exceedance can leave new development mechanisms need to be put in place to prevent flooding to neighbours. (Example bunding to development boundary).
7. Will all flood mitigation measures, drainage and sewerage systems be in place before sites are developed?
Response from Cumbria County Council (Lead Local Flood Authority)
We as LLFA ask that drainage systems are installed before house occupation and that measures during construction phases are used to prevent excess run off or pollution to neighbouring land or watercourses.
8. It would seem that SLDC is over-reliant on CCC and the EA advice in matters of drainage and potential flooding.
Response from Cumbria County Council (Lead Local Flood Authority)
SLDC can employ drainage consultants if they wish as well as seeking comments from consultees and within the current Environmental Team they have experienced drainage engineers who also make comment on planning applications internally.
9. What will be the future role of Network Rail?
Response from Cumbria County Council (Lead Local Flood Authority)
We have seen the contributory effects to flooding of the rail infrastructure/construction works from the West Coast Mainline and the Windermere branch line, so although Network Rail is not a risk management authority this Council would expect it to be a full partner in any relevant and future discussions.
Network rail are a risk management authority and therefore are bound by the same principles of the other RMA. We have much better engagement with NWR rails asset managers for slopes, drainage and the track and fully intend to ensure we have greater consultation on changes to track drainage or concerns over pass through flows under or over the NWR network.
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Page 24 of 26 KENDAL TOWN COUNCIL REPORT
To: Management Committee 23rd January 2017
From: The Town Clerk Agenda Item No. 11
CUMBRIA TOURISM COMMUNITY MEMBERSHIP 2016/17
Please see attached information from Cumbria Tourism about community membership.
The Project Manager, Helen Moriarty, recently enquired about the options for KTC to become a CT Community Member. Amongst membership benefits would be access to the CT photo library, images from which may then be used on the new promotional leaflets and website for Kendal.
The following additional information has been provided:
• The membership year ends 30th September – community membership would be offered until the end of the next membership year.
• The cost for membership until 30th September 2018 (20 months) would be £350 plus VAT (£17.50/month).
• Community Tourism membership will open up the opportunity for towns and villages to promote themselves on the destination website and in other Cumbria Tourism campaigns as well as in relevant publications such as the annual Cumbria Holiday Guide and the Cumbria Food and Drink Guide. Includes the following:-
Refreshed content for the town/village/area on www.golakes.co.uk Link from www.golakes.co.uk to the town/village/area website (at the discretion of CT) Access to CT meetings – specifically Cumbria Tourism Partnership and Commercial Member Meetings Full range of CT communications including monthly updates, Viewpoint and Research Newsletters Access to on-line advice available from www.cumbriatourism.org One support visit per annum with marketing advice from relevant CT marketing/PR specialist Photo library.
• Other towns that are already members include Kirkby Lonsdale, Cockermouth and Workington.
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COMMUNITY TOURISM MEMBERSHIP 2016/17
Cumbria Tourism introduced a new category of membership aimed at supporting and encouraging tourism marketing and promotion through community groups and Trade Associations. Community Tourism membership will open up the opportunity for towns and villages to promote themselves on the destination website and in other Cumbria Tourism campaigns as well as in relevant publications such as the annual Cumbria Holiday Guide and the Cumbria Food and Drink Guide. Membership will offer a wide range of benefits as set out in the attached booking form - specifically the community tourism membership includes the following:-
• Refreshed content for the town/village/area on www.golakes.co.uk • Link from www.golakes.co.uk to the town/village/area website (at the discretion of CT) • Access to CT meetings - specifically Cumbria Tourism Partnership and Commercial Member Meetings • Full range of CT communications including monthly updates, Viewpoint and Research Newsletters • Access to on-line advice available from www.cumbriatourism.org • One support visit per annum with marketing advice from relevant CT marketing/PR specialist
The cost of Community Tourism membership of Cumbria Tourism is £210+VAT (1st October – 30th September). However it should be noted that this form of membership is aimed at Trade Associations, Town and Parish Councils, and similar representative groups and bodies. It is not a substitute for individual business membership and acceptance will be at the discretion of Cumbria Tourism.
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KENDAL TOWN COUNCIL - MANAGEMENT COMMITTEE
BUDGETARY CONTROL STATEMENT: NINE MONTHS ENDED 31 DECEMBER 2016
2016/17 Actual Total Budget REVISED Heading Commitments to date to date Remaining BUDGET £ £ £ £ £ Management: 137,800 Staff Salaries 108,590 38,783 147,373 * (9,573) (63,890) Staff Recharges to Services (47,918) (15,972) (63,890) 0 500 Travel & Training 271 271 229 (800) Pension Fund Adjustment (600) (600) (200) 16,270 Premises 12,980 12,980 3,290 7,000 Supplies & Services 4,011 155 4,166 2,834 8,840 Audit, Subscriptions & Insurances 7,574 7,574 1,266 7,050 Newsletter 5,225 5,225 1,825 5,160 IT & Website 2,605 707 3,312 1,848 2,015 Miscellaneous 1,515 29 1,544 471
119,945 Total: 94,253 23,702 117,955 1,990
18,400 Flooding Recovery 5,200 2,000 7,200 11,200
* The Forecast Outturn Salaries budget for 2016/17 is £146,650, so that the total of £147,373 represents a potential overspending of £723. The main reason is additional hours payable to the Treasurer, which can be met from the contingency allowance. At year-end, an adjustment will be made to reflect the Mayor's Attendant's ongoing time for the condition survey, which will be met from the Arts and Heritage Reserve.