Date: 29 October 2018

Town Hall, Penrith, CA11 7QF Tel: 01768 817817 Email: [email protected]

Dear Sir/Madam Executive Agenda - 6 November 2018 Notice is hereby given that a meeting of the Executive will be held at 6.00 pm on Tuesday, 6 November 2018 at the Town Hall, Penrith.

1 Apologies for Absence

2 Minutes

RECOMMENDATION that the public minutes E/49/10/18 to E/64/10/18 of the meeting of the Executive held on 2 October 2018 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).

3 Declarations of Interest

To receive declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered.

4 Questions and Representations from the Public

To receive questions and representations from the public under Rules 3 and 4 of the Executive Procedure Rules of the Constitution.

5 Questions from Members

To receive questions and representations from Members under Rule 5 of the Executive Procedure Rules of the Constitution.

6 Meeting Action Log - Leader Portfolio (Pages 5 - 20)

To consider report G98/18 of the Deputy Chief Executive which is a standing item and which seeks to present the Meetings Action Logs for the Executive and Council meetings for consideration.

RECOMMENDATIONS that: 1. the contents of the Meetings Action Log for Executive meetings be noted;

2. the confidential and exempt contents of the Meetings Action Log for Executive

Matthew Neal www.eden.gov.uk Deputy Chief Executive meetings be noted; and

3. the contents of the Meetings Action Log for Council meetings be noted.

7 Budget Monitoring: 1 April 2018 to 30 September 2018 - Resources Portfolio Holder (Pages 21 - 28)

To consider report TES56/18 from the Director of Finance which is attached and which seeks to present the quarterly budget monitoring report. Monitoring is against the original revenue estimates agreed by Council on 15 February 2018 and the revised capital estimates agreed by Executive on 3 July 2018, confirmed by Council on 14 July 2018.

RECOMMENDATION that the report be noted.

8 75% Business Rates Retention Scheme Pilot Application - Leader and Resources Portfolio Holder (Pages 29 - 34)

To consider report F72/18 from the Director of Finance which seeks to advise and update Executive Members on the application submitted to be involved in a 75% Business Rates Retention Scheme pilot in 2019-2020. RECOMMENDATIONS that Executive notes the bid submitted to the Ministry for Housing, Communities and Local Government for the 75% Business Rates pilot opportunity and gives the Director of Finance delegated power to progress arrangements for this if the bid is successful.

9 Eden Community Fund Recommendations - Communities Portfolio Holder (Pages 35 - 42)

To consider report TES51/18 from the Deputy Director Technical Services which is attached and which seeks approval for the award from the Eden Community Fund of grants to the 5 projects set out in Appendix A of the report. RECOMMENDATION that a grant from the Eden Community Fund is agreed for each of the 5 projects set out in Appendix A of the report, to a total of £30,602.24.

10 Any Other Items which the Chairman decides are urgent

11 Date of Next Scheduled Meeting

The date of the next scheduled meeting be confirmed as 4 December 2018.

12 Exclusion of the Press and Public

To consider whether, in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) should be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 to Schedule 12A of the Act. www.eden.gov.uk 2 13 Meeting Action Log (Pages 43 - 44)

This appendix sets out information supporting report G98/18 from the Deputy Chief Executive which is exempt under Paragraphs 1 and 3 of Part 1 of Schedule 12A of the Local Government Action 1972.

Yours faithfully

M Neal Deputy Chief Executive (Monitoring Officer)

Democratic Services Contact: Vivien Little

Encs

For Attention All members of the Council

Chairman – Councillor K Beaty (Conservative Group) Vice Chairman – Councillor L Grisedale (Conservative Group)

Councillors P Breen, Conservative Group M Slee, Conservative Group E Martin, Conservative Group A Todd, Conservative Group J Owen MBE, Conservative Group

Please Note: 1. Access to the internet in the Council Chamber and Committee room is available via the guest wi-fi – no password is required 2. Under the Openness of Local Government Bodies Regulations 2014 this meeting has been advertised as a public meeting (unless stated otherwise) and as such could be filmed or recorded by the media or members of the public

www.eden.gov.uk 3 This page is intentionally left blank Agenda Item 6

Report No: G98/18 Council Executive 6 November 2018 Meetings Action Log Portfolio: Leader Report from: Deputy Chief Executive Wards: All Wards OPEN PUBLIC ITEM Appendix 3 is exempt under Paragraphs 1 and 3 of Schedule 12 A of the Local Government Act 1972 1 Purpose 1.1 To present the Meetings Action Logs for the Executive and Council meetings for consideration. 2 Recommendation That: 1. the contents of the Meetings Action Log for Executive meetings be noted; 2. the confidential and exempt contents of the Meetings Action Log for Executive meetings be noted; and 3. the contents of the Meetings Action Log for Council meetings be noted. 3 Report Details 3.1 Following meetings of the full Council and Executive it is normal for there to be a number of actions for Officers and Portfolio Holders to undertake. 3.2 In order to monitor progress of any actions arising from these meetings Executive approved at its meeting on 3 October 2017 that an action log be kept and reported to the Executive at future meetings. 3.3 Action Logs will be maintained only for actions arising from meetings of the Executive and full Council. Due to the nature of these meetings it is more likely that responses to actions will be required from more than one department of the Council. 3.4 Action logs for the Executive and Council are placed on Executive agendas as a standing item so that members of the Executive are kept informed of progress and have the opportunity to discuss any issues with the relevant officers. 3.5 The Deputy Chief Executive will update and maintain the action log between meetings. A copy of the log will also be sent to meetings of the Council’s Management Team for monitoring. 3.6 Appendix 1 presents the actions arising from meetings of the Executive. Appendix 2 presents the actions from meetings of full Council. Appendix 3

Page 5 presents the actions arising from meetings of the Executive which are exempt under Paragraphs 1 and 3 of Schedule 12 A of the Local Government Act 1972. 4 Policy Framework 4.1 The Council has four corporate priorities which are:  Decent Homes for All;  Strong Economy, Rich Environment;  Thriving Communities; and  Quality Council 4.2 This report meets Quality Council corporate priority. 5 Consultation 5.1 There has been no consultation regarding this report. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2015-19 as agreed at Council on 17 September 2015. 6.1.2 There are no proposals in this report that would reduce or increase resources. 6.2 Legal 6.2.1 There are no legal implications arising from this report. 6.3 Human Resources 6.3.1 There are no major Human Resources implications arising from this report. 6.3.2 There will be some minor impact on officer time in maintaining and updating the action log, as an additional piece of work, however it is considered that this can be met within current resources. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity None arising from this report Health, Social None arising from this report Environmental and Economic Impact Crime and Disorder None arising from this report Children and None arising from this report Safeguarding

Page 6 6.5 Risk Management Risk Consequence Controls Required That Members are That actions could That Members are unaware of actions potentially be unfulfilled kept aware of actions arising from meetings resulting in reputational arising from meetings within their portfolios damage 7 Other Options Considered 7.1 A Meetings Action Log could not be kept. 7.2 This option was rejected because keeping a log would enable the Executive to effectively performance manage the actions arising out of Council and Executive meetings, alongside the formal minutes of the meeting. 8 Reasons for the Recommendation 8.1 Keeping an action log will allow Officers and Members to be better able to monitor the progress of actions arising from Council meetings.

Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 24 October 2018 Monitoring Officer (or Deputy) 29 October 2018 Relevant Assistant Director Background Papers: Not applicable Appendices: Appendix 1 - Executive Action Log Appendix 2 – Council Action Log Appendix 3- Executive Action Log which is exempt under Paragraphs 1 and 3 of Schedule 12 A of the Local Government Act 1972 Contact Officer: Matthew Neal, Deputy Chief Executive

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Appendix 1

Minute Item and Action Officer Date Number summary Responsible Completed Executive 2 October 2018 - implementation date 18 October 2018 E/52/10/18 Questions and Leader to provide a written response to the supplementary M Neal 09/10/18 Representations question from Graham Fairhall (Question 4) from the Public E/54/10/18 Meeting Action RESOLVED that: M Neal 18/10/18 Log 1. the contents of the Meetings Action Log for Executive meetings be noted; 2. the confidential and exempt contents of the Meetings Action Log for Executive meetings be noted; and 3. the contents of the Meetings Action Log for Council meetings be noted.

E/55/10/18 Heart of RESOLVED that the report be noted. M Neal 18/10/18 Cumbria Limited - Progress Report E56/10/18 Unacceptable RESOLVED that: M Neal 29/10/18 Behaviour 1. subject to 2 below, the amended Unacceptable Policy Behaviour Policy, as set out in Appendix 1 to this report, be approved, and 2. the Deputy Chief Executive be given delegated authority to make minor typographical and non-substantive amendments prior to publishing the amended

Page 9 Page Unacceptable Behaviour Policy.”

1

Page 10 Page Eden District Council Executive Action Log 2018-19

Minute Item and Action Officer Date Number summary Responsible Completed E57/10/18 Herdwick Inn - RESOLVED that the application be accepted on the basis the M Neal 18/10/18 Asset of Herdwick Inn, Penruddock, Cumbria is an asset of community Community value as it does further the social well-being or interests of the Value local community. E58/10/18 Signature Grant RESOLVED that: M Neal In progress Fund 1. a working group comprising 3 members of the Executive with one other Member of the Executive retained as a substitute, be established to enable assessment of applications made pursuant to the Signature Grant Fund; and 2. such working group be instructed to consider any applications made in accordance with the agreed guidelines and make recommendations to a future meeting of the Executive. E/59/10/18 Adoption of RESOLVED that: J Langston 02/10/18 Eden Local Plan 1. adopt the Eden Local Plan (2014-2032) amended by the (2014-2032) schedule of Main Modifications recommended by the Local Plan Inspector. 2. delegate authority to the Deputy Director Technical Services to:

(a) issue the adoption statement and final Sustainability Report in accordance with regulations 17 and 26 of the Town and Country Planning (Local Planning) Regulations 2012 (as amended);

2

Eden District Council Executive Action Log 2018-19

Minute Item and Action Officer Date Number summary Responsible Completed (b) make further modifications to the Local Plan prior to it being published, where these modifications are confined to the correction of typographical errors, amendments to paragraph reference numbers and consequential cross referencing and minor and non-substantive amendments; 3. approve that both the Adopted Eden Local Plan 1996 saved policies 2007 and the Adopted Core Strategy Development Plan Document 2010 be withdrawn; and. 4. the above recommendations to Council are deemed to be urgent and not subject to call in.

E61/10/18 Cash Receipting RESOLVED that: C Howey 02/10/18 System Change 1. the Council’s cash receipting system, known as PARIS, be replaced with the system outlined in this report; and

2. supplementary estimates be agreed as follows:

(a) a maximum of £35,850 from the Repairs and Renewals Fund to implement the system over five years comprising an annual contribution from revenue of £7,170;and (b) an ongoing increase in licensing costs of £13,800 per annum, funded from revenue balances.

3. the circumstances outlined in this report be treated as Page 11 Page justifying an exception pursuant to paragraph 1.7(b) of

3

Page 12 Page Eden District Council Executive Action Log 2018-19

Minute Item and Action Officer Date Number summary Responsible Completed the Procurement Rules and therefore the Director of Finance be authorised to award the contract for the replacement software system to Civica UK Limited.

4. the above decisions be deemed to be urgent and not subject to call in.

E62/10/18 Revenues and RESOLVED that the approval be given to a non-recurring C Howey 18/10/18 Benefits Staffing supplementary estimate of £10,906 funded from revenue balances to fund backfilling arrangements needed during the implementation of the digital software. Executive 4 September 2018 E35/09/18 Questions from Leader to provide a written response to the supplementary M Neal 02/10/18 the public question from County Councillor P Bell (Question 2)

E40/09/18 Penrith RESOLVED that: J Langston Engagement Strategic 1. Progress to date be noted; process is Masterplan 2. The Penrith Strategic Masterplan – A Vision to 2050 be ongoing approved; 3. An 8 week public engagement process from 10 September 2018 be commenced to seek the views of stakeholders and the general public on the Penrith Strategic Masterplan – A Vision to 2050; 4. That the exempt Part II nature of the Masterplan document be relaxed to be made available for public progress; and

4

Eden District Council Executive Action Log 2018-19

Minute Item and Action Officer Date Number summary Responsible Completed 5. It be agreed that the above decisions be deemed to be urgent and therefore not subject to call-in. E41/09/18 Homelessness RESOLVED that: R Docherty The Strategy 1. Agreement be given to engage the services of a consultant consultant to undertake a review of the homelessness engaged service and to work with the Council in the formulation of and work its Homelessness Strategy; and commence 2. A supplementary budget of £18,750 be approved in November 2018-2019 funded from revenue balances. 2018 – as agreed with consultants work plan

Page 13 Page

5

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Appendix 2

Minute Item and Action Officer Date Number summary Responsible Completed

Council - 11 October 2018

Cl/45/10/18 Adoption of Eden RESOLVED that approval be given to: J Langston In progress Local Plan (2014- (1) the adoption of the Eden Local Plan (2014-2032), 2032) amended by the schedule of Main Modifications recommended by the Local Plan Inspector; (2) delegation of authority to the Deputy Director Technical Services to: (a) issue the adoption statement and final Sustainability Report in accordance with regulations 17 and 26 of the Town and Country Planning (Local Planning) Regulations 2012 (as amended); (b) make further modifications to the Local Plan prior to it being published, where these modifications are confined to the correction of typographical errors, amendments to paragraph reference numbers and consequential cross referencing and minor and non-substantive amendments; and (3) withdrawal of both the Adopted Eden Local Plan 1996 saved policies 2007 and the Adopted Core Strategy Development Plan Document 2010. Page 15 Page Page 16 Page Eden District Council Full Council Action Log 2018-19

Minute Item and Action Officer Date Number summary Responsible Completed

Council - 12 July 2018

Cl28/07/18 Community 1. Approval be given to the following changes to the M Neal 12/07/18 Governance governance arrangements of certain parishes within Review for Eden Eden District as follows: District - final recommendations a) Barton Parish Council be re-named ‘Barton and Pooley Bridge Parish Council’;

b) the administrative area of Hutton Parish Council be increased to include the Motherby Parish Ward of Greystoke Parish Council with the expanded Hutton Parish Council to remain wholly unwarded; c) the number of Parish Councillors for Hutton Parish Council be increased from eight to nine;

d) the number of Parish Councillors for Greystoke Parish Council be reduced from nine to eight with the arrangements for the remaining Parish Wards of Greystoke, Johnby and Blencowe staying unchanged; e) the current Ousby Parish Council be dissolved;

f) a new unwarded Parish Council be created using the current boundary of Ousby (Ousby) Ward, called ‘Ousby Parish Council’, with the number of parish councillors being five; Eden District Council Full Council Action Log 2018-19

Minute Item and Action Officer Date Number summary Responsible Completed

g) a new unwarded Parish Council be created using the boundary of Ousby (Melmerby) Ward, called ‘Melmerby Parish Council’, with the number of parish councillors being five; h) Thrimby Parish Meeting be merged with Little

Strickland Parish Meeting; and

i) the number of councillors for Penrith Town Council be reduced from nineteen to fifteen. 2. The Deputy Chief Executive be authorised to make all necessary orders to effect the above changes. M Neal In progress

Council 19 April 2018

Cl/127/04/18 Chairman / Vice 1. A supplementary revenue budget of £5,000, funded M Neal In progress Chairman Chains from revenue reserves be approved for the purchase of Office of new Chairman and Vice-Chairman’s chains which the Chief Executive should arrange.

2. The retired chains be donated to Penrith Museum to allow them to be put on display. Cl/129/04/18 Scrutiny Structures 1. The Working Group be requested to re-convene in M Neal In progress Review October 2018 with a view to making recommendations to Council regarding the Page 17 Page Page 18 Page Eden District Council Full Council Action Log 2018-19

Minute Item and Action Officer Date Number summary Responsible Completed

introduction of any new structure for scrutiny at the commencement of the 2019-2020 municipal year.

Cl/135/04/18 Council 1. To fund the design and build of additional J Langston Officer Accommodation accommodation at the Town Hall to provide a working group centralised site for key Council services and to re- is being develop the Mansion House to provide for economic arranged to opportunities and some affordable housing; scope out the 2. The Director of Finance be given delegated powers to C Howey detailed plan agree the details of any loan finance; for this major 3. Funding to be by way of a 50 year loan from the J Langston project. Public Works Loans Board at the prevailing rates (currently 2.9%) or other suitable means of funding with the overriding provision being that the final funding model is cost neutral or near cost neutral; 4. A provisional capital budget of £2.3m to undertake J Langston the works for the additional accommodation and re- development be approved and included in the 2018/2019 capital programme; 5. It be noted that the commencement of works will be J Langston subject to a full business case demonstrating that the scheme is affordable over its life. If in the circumstance where the scheme does not demonstrate that it is not achievable at cost neutral or near cost neutral basis further Council approval will be sought; 6. It be noted that the Accommodation Working Group will: J Langston

Eden District Council Full Council Action Log 2018-19

Minute Item and Action Officer Date Number summary Responsible Completed

a. be consulted on the final specification for the works; and b. nominate members to sit on the tender assessment panel. 7. The Deputy Director Technical Services be J Langston authorised to seek competitive tenders from relevant suppliers to complete works for the selected option and a supplementary budget of £10,000 be approved to support this in 2018/2019, funded from revenue balances. Council 11 January 2018

Cl/85/01/18 Footway Lighting 1. That a capital funding of £750,000 is made available M Neal Ongoing Capital for the financial year 2018/19 and following this Programme funding no further financial capital commitment will be made;

2. That the Deputy Director Technical Services is given J Langston authority to seek tenders to engage a contractor to supply and erect the new lighting columns in those parishes where a signed legal agreement is in place for the devolution of the footway lights; and

3. That for those Parish Councils that have not agreed to devolve footway lighting the deadline for signing up be extended to 31 March 2019.

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Report No: F73/18 Eden District Council Executive 6 November 2018 Scrutiny Co-ordinating Board 15 November 2018 Budget Monitoring: 1 April 2018 to 30 September 2018 Portfolio: Resources Report from: Director of Finance Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 To present the quarterly budget monitoring report. Monitoring is against the original revenue estimates agreed by Council on 15 February 2018 and the revised capital estimates agreed by Executive on 3 July 2018, confirmed by Council on 14 July 2018. 2 Recommendation That the report is noted. 3 Report Details 3.1 It is an important financial control that the Council regularly monitors both its revenue and capital spend. 3.2 Revenue spend against budget is monitored monthly by the Resources Portfolio Holder and Management Team. Capital spend is monitored quarterly, given the small scale of the programme. 3.3 The purpose of the report is to ensure that the actual income and expenditure is in line with budget, any variations identified and any impact on service performance assessed. 3.4 In 2018-2019, the Council has gross revenue spending of £20.9m and income of £12.8m, giving a net revenue budget of £8.1m, and a Capital Programme of £6.9m. 3.5 Appendix 1 sets out a summary revenue budget monitoring report. This focuses on the major budgets and areas of financial risk. Risk here is used in the sense of where a budget, such as interest receipts, can be subject to external events, which can rapidly put pressure on a budget. This is not a comprehensive report covering all budgets. It is appropriate that senior management’s and Members’ attention focuses on the higher level items. All budget holders monitor the detailed budgets they are responsible for on a regular basis. A monthly budget monitoring reminder goes out from Financial Services to all budget holders. An overall code-by-code budget review is undertaken every quarter by the Director of Finance. 3.6 Appendix 2 sets out a summary capital budget monitoring report. 3.7 The 2018-2019 budgets, shown in Appendices 1 and 2, are the revenue estimates agreed by Council on 15 February 2018 and the revised capital estimates agreed by Executive on 3 July 2018 and approved by Council on 14 July 2018.

1 Page 21 3.8 Historically, the Council has not had budgetary control problems. 3.9 Revenue 3.9.1 Appendix 1 identifies a number of variances and gives appropriate explanations. 3.9.2 The largest part of the revenue spend variance is the Recycling net cost. As referred to on the appendix, the variance is due to lower than anticipated garden waste tonnage collection and a significant reduction in recyclables material value during this financial year. The change will be included in the 2018-2019 revised budget currently being prepared. 3.9.3 Staff are currently compiling revised budgets for 2018-2019. All the variances at Appendix A will be reviewed as part of this process and budgets adjusted where required. 3.10 Capital 3.10.1 Appendix 2 sets out spend against the agreed Capital Programme. There is a brief description of what each scheme is. There is also a note on progress on the scheme. 3.10.2 Capital spend does not occur evenly during the year. All capital budgets will be examined as part of the budget-setting exercise. Where necessary, capital budgets will be changed or reprofiled to ensure spending and budget are aligned in future. 4 Policy Framework 4.1 The Council has four corporate priorities which are:  Decent Homes for All;  Strong Economy, Rich Environment;  Thriving Communities; and  Quality Council. 4.2 This report meets the Quality Council corporate priority. 5 Consultation 5.1 The Resources Portfolio Holder reviews budgets at her monthly meeting. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2015-2019, as agreed at Council on 17 September 2015. 6.1.2 See section 3 of the report, and the Appendices, for detailed financial implications. 6.2 Legal 6.2.1 There are no Legal implications. 6.3 Human Resources 6.3.1 There are no Human Resources implications.

2 Page 22 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity There are no implications Health, Social Environmental and Economic Impact There are no implications Crime and Disorder There are no implications Children and Safeguarding There are no implications 6.5 Risk Management Risk Consequence Controls Required The budget is exceeded The Council has to re-state Regular Management and its budget and/or use Member monitoring reports reserves to meet excess. presented Cuts in other services may also be required The outcomes from Poor resource management As above expenditure are not what and public or External was planned Auditor criticism 7 Other Options Considered 7.1 None. 8 Reasons for the Decision/Recommendation 8.1 To ensure the Council effectively manages and monitors its revenue and capital Budgets. Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 16 October 2018 Monitoring Officer (or Deputy) 19 October 2018 Assistant Director Not Applicable Background Papers: Revenue and Capital Budget: (Report F14/18, Council, 15 February 2018) Revised Capital Programme: (Report F48/18, Council, 14 July 2018) Appendices: Appendix 1: Summary Budget Monitoring Report Appendix 2: Capital Monitoring Statement Contact Officer: Clive Howey, Director of Finance, 01768 212213

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4 Page 24 Appendix 1

Summary Budget Report - 1 April 2018 to 30 September 2018

Expenditure Head Budget* Actual To Date Reason/Note to Date to Date £’000 £’000 £’000 Chief Executive Contract 19 19 0 Contract ended May 2018. Salaries 2,710 2,636 74 Interest -158 -182 24 Development Control Fees -225 -212 -13 Building Control Fees -110 -130 20 Leisure Contract 62 59 3 Blue Collar Contract 894 898 -4 Land Charges Fees -60 -62 2 Benefits Paid (Net Cost: annual projection) -49 -77 28 Car Parking Income -150 -169 19 Recycling Net Cost (done quarterly) Combination of low garden waste tonnages collected and reduction in recyclables -70 23 -93 material value. Homelessness 100 63 37 Building Maintenance 98 89 9 Industrial Estate Income -54 -52 -3 Penrith New Squares -408 -408 0 The Penrith New Squares rental is currently under review. 103

NB: For budget and actual Minus = income. For variance Minus = overspend

NB: For budget and actual Minus = income. For variance Minus = overspend Page 25 Page

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6 Appendix 2

Capital Monitoring Statement - April to September 2018

Estimate approved Expenditure by Council to Scheme Description 12-Jul-18 30-Sept-18 £'000 £'000 Services Portfolio Funding to resolve Footway Lighting Footway Lighting 771 9 issues in the District (Council 11 January 2018) 771 0 Commercial Services Portfolio Completion of road resurfacing pending Eden Business Park - Phase 1 59 0 final land sales. 59 0 Housing and Health Portfolio Grant provision to correct sub standard Mandatory renovation grants 751 146 housing for disabled customers Grant provision to correct sub standard Discretionary renovation grants 210 0 housing Affordable Housing Innovation Fund 358 0 Loans scheme for RSLs 1,319 22 Communities Portfolio Correction of water ingress to sports hall Penrith Leisure Centre 22 0 roof Scheme to address Health and Safety Castle Park Improvement 20 0 issues Contribution to Capital Scheme to Castle Park Vision Plan 167 0 update Park 209 0 Resources Portfolio Depot Refurbishment 134 13 Refurbishment of depot site Mansion House Kitchen and Toilets 35 0 Improvement works to Council Building Scheme approved by Council, 19 April Single Site Accommodation 2,300 0 2018. 2,469 0 Leader Portfolio Heart of Cumbria - Equity 1,000 1,000 Equity Funding for Company Heart of Cumbria - Loan 561 50 Loan Funding for Company 1,561 1,050 Total Capital Programme 6,388 1,022 Repairs and Renewals Fund 487 26 Various items of plant and equipment

Total Capital Programme 6,875 1,244

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Report No: F72/18 Eden District Council Executive 6 November 2018 75% Business Rates Retention Scheme Pilot Application Portfolio: Leader and Resources Report from: Director of Finance Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 To advise and update Executive Members on the application submitted to be involved in a 75% Business Rates Retention Scheme pilot in 2019-2020. 2 Recommendations 1. Executive notes the bid submitted to the Ministry for Housing, Communities and Local Government for the 75% Business Rates pilot opportunity and gives the Director of Finance delegated power to progress arrangements for this if the bid is successful. 3 Report Details 3.1 In July 2018, the Government published an invitation to local authorities in to pilot 75% Business Rates Retention Scheme (‘BRRS Retention’) in 2019-2020 and to further develop new pooling and tier split models. The invitation followed on from the award of Business Rates pilot status for a number of authorities in 2017-2018, which will run for two years until the end of 2018-2019 and the bids for 100% BRRS Retention approved for 2018-2019. 3.2 The Ministry for Housing, Communities and Local Government (“MHCLG”) issued the invitation because it wishes to further understand the transition into a reformed BRRS Retention Scheme in April 2020. This testing of 75% retention should assist in terms of a smooth transition to subsequent full implementation. 3.3 The prospectus states that:  The invitation is aimed at all authorities, except those with ongoing BRRS pilots in devolution deal areas and London;  Ongoing pilots, ending on 31 March 2019 are invited to make an application alongside other areas to be a 75% pilot in 2019-2020, should they wish to do so; and  Applications from current pilot authorities will not be influenced by the success of those authorities in the 2018-2019 application process. All applications for 2019- 2020 pilots will be assessed on their merits and on an equal footing.

1 Page 29 3.4 Award of pilot status in 2019-2020 is via a competitive process and it is expected that more applications will be received than will be approved, as was the case for 2018- 2019. The Government expects that the 2019-2020 programme will be smaller than that for 2018-2019. It is therefore expected that the process will be very competitive MHCLG have listed the criteria against which the MHCLG will accept and compare bids to be considered as:  Proposed pooling arrangements operate across a functional economic area;  Proposal demonstrates how pooled income from growth will be used across the pilot area to either boost further growth, promote financial sustainability, or a combination of these;  Proposal sets out robust governance arrangements for strategic decision making around the risk and reward and outlines how these support the participating authorities’ proposed pooling arrangement;  Should further assessment criteria be required, the Government may select pilots in order to:  Achieve a wide geographical spread across England;  Achieve a pilot programme with a range of arrangements to be tested. This might include pilots with different kinds of business rate bases, different pooling or governance arrangements as part of the pilot;  Achieve variation in the types of tier split arrangements that are being piloted in the case of two-tier areas. 3.5 One of the key objectives of becoming a pilot is to promote financial sustainability and coherent decision making across the functional economic area. 3.6 In order to apply, explicit approval from the constituent local authorities was required. Although not specifically defined in the prospectus, the expectation was that the bid has a political agreement from all pilot members. A letter, signed by all Council Leaders, was submitted with the bid. There was also a specific requirement that S151 Officers approve any bid. The Director of Finance will act on behalf of the Council and progress matters should the bid from this Council be successful. 3.7 Pilots in 2019-2020 will receive 75% of Business Rates collected locally. Some of this additional income will replace Revenue Support Grant and Rural Services Delivery Grant and this will lead to changes in baseline funding. The levels of top-up and tariff applied to the Council's funding will be adjusted, ensuring the Council is not disadvantaged. 3.8 The main gain from being a pilot would be the retention locally of 75% of Business Rates growth arising during 2019-2020. Under the current pooling arrangement approved in 2013, only 50% of that growth is retained locally. This would be less (20% or 30% including the County Council) had the current pool not been approved. This was amended in 2018 to include Copeland Borough Council, which ensures the levy on growth that would have been paid to Government is kept locally across the six Districts currently in the pool. 3.9 As in 2018-2019, should the bid be accepted, the current BRRS pool would disappear and the pilot would replace it for the 2019-2020 financial year. The current Cumbria Business Rates Pool was revised in 2018-2019 to include Copeland Borough Council. Thus, there would no change to the current arrangement whatever the outcome of the bid is.

2 Page 30 3.10 The MHCLG has stated that pilots for 2019-2020 will not benefit from a 'no detriment' clause. What this means is that, as well as benefitting from gains, the Councils involved have to accept any risks arising from a bid. The Chief Finance Officers have been working across the County since the receipt of the invitation to model the financial risks associated with making a bid to inform any decision on making an application. 3.11 Another key issue in two tier areas such as Cumbria is the proposed approach to splitting and sharing financial gains arising from keeping the additional growth. The MHCLG has stated in its prospectus that it wishes to see the financial gains from being a pilot used to promote financial sustainability and, in part, used to promote further growth in Business Rates. 3.12 It is important that Cumbria submits a bid, which is seen as credible by the MHCLG and recognises lessons learned from last year’s unsuccessful bid. In summary, any bid must:  Meet the terms of the invitation;  Include Counties, with all their relevant Districts, within a functional economic area, that is, all of the District Councils,  Promote financial sustainability, that is, links to local funding pressures resulting from Government economic policy; and  Evidence how additional income can be used. All of these factors have been taken into account in the bid submitted. 3.13 The Cumbria bid combines all Districts and the County Council. Political approval is in place for this. The bid demonstrates how the additional funding will promote financial sustainability and that this is linking into the local service and financial pressures that are currently in place. 3.14 Chief Finance Officers across the County commissioned the services of a consultant to undertake some financial modelling on this and this work was vital in preparing the bid. As with the current pool, the bid required a lead authority and it was agreed that Cumbria County Council take on this role as at present. 3.15 Any bid had to be received by the MHCLG by Tuesday, 25 September 2018. The Cumbria bid was submitted on Monday 24 September 2018. 4 Policy Framework 4.1 The Council has four corporate priorities which are:  Decent Homes for All;  Strong Economy, Rich Environment;  Thriving Communities; and  Quality Council. 4.2 This proposal supports 'Economic Vitality' and 'Quality Council'. 5 Consultation 5.1 There has been some consultation with the Council's Leader and Resources Portfolio Holder, who have supported the principle of submitting a bid, since the prospectus was received by the Council.

3 Page 31 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources, or alternatively increase income, must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2015-2019, as agreed at Council on 17 September 2015. 6.1.2 The main financial implication from supporting a bid to be a BRRS pilot is that the Council is not financially disadvantaged from doing so. The first concern is that, in signing up to be a pilot, the Council would lose its Rural Services Delivery Grant, expected to be £543,000 for 2019-2020. The Government has already confirmed that, in becoming a pilot, the baseline levels would be revised so that this funding would be replaced via Business Rates Retention in the year. Following on from this, the Council needs to be reassured that it will benefit overall from becoming a pilot. 6.1.3 The financial models indicate that the Council, and indeed the County, will benefit financially from all of the models which have been considered. The best possible scenario, using the latest information, shows that taking into account the current BRRS pool gains of £11.8m across the County as a whole, combined with that from becoming a pilot of £5.9m, the County, as a whole, could expect a £17.7m gain from becoming a pilot. 6.1.4 The latest information for the financial year 2019-2020 shows that the Council could expect the total gain as part of the 75% BRRS pilot to be up to £1,173,000. This is made up of: £'000 The Council's own gains from its share under 50% BRRS 642 Plus pooling gains (that is, the current pool) 359 Plus gains from becoming a pilot 172 1,173 6.1.5 As stated, this is based on the best possible outturn modelled for a pilot scheme and it is likely that the outturn will be somewhat lower than this, but it could be potentially higher, subject to in-year accounting treatment arising from appeals. It is argued that this is an outcome that the Council should seek to receive. 6.1.6 The Medium Term Financial Plan, approved by Council on 6 September 2018 (F55/18), included income from Rural Services Delivery Grant and BRRS under current arrangements. This cannot be updated at present, as the MHCLG prospectus indicated that the results of pilot applications will probably not be published before, or until the funding settlement is released, probably in December 2018. 6.2 Legal 6.2.1 Governance arrangements have been signed by the Councils’ S151 Officers and will constitute a binding agreement between any pool members and the MHCLG. 6.2.2 It is a MHCLG requirement that any arrangements are signed off by the S151 Officers of the participating authorities. This has been done, combined with a letter of support from Council Leaders.

4 Page 32 6.3 Human Resources 6.3.1 There are no Human Resources implications. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity None. Health, Social Environmental and Economic Impact The assessment within this report indicates that even on a worst case scenario there are clear projected financial benefits to Cumbria of proceeding with a bid. Crime and Disorder None. Children and Safeguarding None. 6.5 Risk Management Risk Consequence Controls Required Poor governance in place The pool does not work as Strong governance anticipated. The pilot in arrangements will be put in effect fails. place and this will ensure that the pilot succeeds. The financial outcome is not Decreased income to the The Councils have as expected Council and financial undertaken in-depth difficulty. modelling to ensure that the proposals will result in the Councils involved being in a financially advantageous position. This Council’s strong revenue balances will protect the Council should this occur. Rejection of the bid The Councils need to Again, in-depth modelling decide collectively on what has been undertaken to pooling arrangements will ensure arrangements remain in place. remain financially sound. 7 Other Options Considered 7.1 None. 8 Reasons for the Decision/Recommendation 8.1 Supporting the bid, as if it succeeds, it should generate additional income for the Council. 8.2 There are some delegations recommended for the Director of Finance.

5 Page 33 Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 10 October 2018 Monitoring Officer (or Deputy) 11 October 2018 Assistant Director Not Applicable Background Papers: Report F69/13, Council, 10 October 2013 DCLG website: 75% BRRS Pooling Prospectus Appendices: None Contact Officer: Clive Howey, Director of Finance, 01768 212213

6 Page 34 Agenda Item 9

Report No: TES51/18 Eden District Council Executive 6 November 2018

Eden Community Fund Recommendations Portfolio: Communities Report from: Deputy Director, Technical Services Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 To seek approval for the award from the Eden Community Fund of grants to the 5 projects set out in Appendix A. 2 Recommendation That a grant from the Eden Community Fund is agreed for each of the 5 projects set out in Appendix A, to a total of £30,602.24. 3 Report Details 3.1 The Eden Community Fund is the Council’s community grant scheme. It was established in 2013-14 to support and develop community initiatives within Eden District. The Eden Community Fund combined three previous grant schemes, the Community Fund, Rural Infrastructure Fund and Village Hall Grant. The Rural Infrastructure Fund was discontinued after 2013-14. 3.2 A total of £120,000.00 was available for the Eden Community Fund in the current financial year. This amount is made up from £100,000.00 allocated for the financial year 2018-19 together with £20,000.00 rolled forward from 2017- 18 and returned funds from projects that had not met deadlines from previous years. 3.4 The Eden Community Partnership met on the 13 October 2018 to assess 7 applications against the criteria and make recommendations for the award of grants. The Partnership was chaired by the Communities Portfolio Holder and consisted of representatives from Cumbria County Council, Action with Communities in Cumbria as well as individual community representatives. Of the 7 applications considered, 5 were recommended to receive a grant, 1 application was deferred to enable the applicant to provide additional information in support of their application and 1 application was declined. 3.5 All 5 recommended applications and their applicants have been checked to ensure they meet the criteria for eligibility for the Eden Community Fund.

Page 35 3.6 The criteria for assessing applications to the Eden Community Fund are as follows:  Delivers wide community benefit;  Contributes to locally identified community needs and priorities;  Demonstrates value for money;  Ability to measure success of a project or event; and  Ability to demonstrate equality of opportunity and the elimination of discrimination.

4 Policy Framework 4.1 The Council has four corporate priorities which are:  Decent Homes for All;  Strong Economy, Rich Environment;  Thriving Communities; and  Quality Council 4.2 This report meets the “Thriving Communities” corporate priority 4.3 This report addresses ‘Administer community grants totalling £100,000.00 through the Eden Community Fund 2017-18’ strategic action in the Communities Portfolio Plan 5 Consultation 5.1 The recommendations within this report reflect the recommendations of the Eden Community Fund Partnership Panel. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2015-19 as agreed at Council on 17 September 2015. 6.1.2 The £100,000 Eden Community Fund 2018/19 is drawn from the Community Fund budget. 6.1.3 The available balance for 2018/2019 is £120,000.00. This includes £20,000 of funding rolled forward from 2017/18. 6.1.4 Grants of £70,080 were awarded from the fund in June 2018. This report recommends awarding grants of £30,602, which would take total grants awarded in the financial year to £100,682. This leaves a balance available of £19,318 for a third tranche of grant awards in 2018-2019. 6.1.5 Payments to successful applicants are made in two stages, with 75% being paid upfront and 25% on completion and receipt of a Project Completion Report and supporting evidence from the applicant. This is to demonstrate that the grant has been spent on the purpose for which it was awarded.

Page 36 6.2 Legal 6.2.1 Applicants are required to sign a declaration before their application can be considered. In doing so they agree that:  they have authority from their group to make the application;  they understand and agree to the criteria;  the information they provide is correct at the time of submission;  they will submit a Project Completion Report along with the required documentation; and  they have appropriate insurance cover. 6.3 Human Resources 6.3.1 There are no human resources issues associated with this report. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity Applicants are asked to provide details of arrangements for those with access or mobility difficulties to participate in projects, and to outline how they will actively involve all sections of the community, including those from different backgrounds. An Equal Opportunities Policy is requested as part of required documentation. Health, Social The provision of the Eden Community Fund Environmental and grants has a direct benefit on the social, Economic Impact environmental and economic well-being of the organisations and communities who are awarded grants. Crime and Disorder There are no crime and disorder issues associated with this report. Children and There are no children or safeguarding issues Safeguarding associated with this report. 6.5 Risk Management Risk Consequence Controls Required That there is Grants are not used for Grants are managed in insufficient monitoring the intended purpose. accordance with the of paid grants. agreed criteria of the grant. Grants are paid in 3 tranches – 75% on approval from Executive and 25% on receipt of the Project Completion Form and

Page 37 accompanying documentation. Organisation dissolves Reputational harm to Financial checks are for some reason the Council. undertaken in order to following the award of reduce this risk. Grant. Organisations may Limited reputational risk Decisions are made in disagree with decision. to the Council. accordance with established criteria. 7 Other Options Considered 7.1 The Executive is free to decide to approve or not approve all or any of the recommended grants as it sees fit. 8 Reasons for the Decision/Recommendation 8.1 The 5 applications are recommended for approval as outlined in Appendix A. All were considered by the Eden Community Partnership Panel and recommend for support. 8.2 One application was deferred to the January 2019 tranche as outlined in Appendix A as the Eden Community Partnership Panel has requested further information and clarification on some aspects of the application. 8.3 One application was declined for the reasons as outlined in Appendix A. 8.4 The applications are recommended for support as the Council has historically supported community groups and organisations that meet both the Eden Community Fund criteria and Council Plan.

Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 22 October 2018 Monitoring Officer (or Deputy) 22 October 2018 Relevant Assistant Director 23 October 2018 Background Papers: Appendices: Appendix A – Eden Community Fund Recommendations: Second Tranche 2018/19 Applications. Contact Officer: Doug Huggon Leisure & Community Services Manager Tel: 01768 212323

Page 38 Appendix A Eden Community Fund Recommendations: Second Tranche 2018/19 Applications

Funds rolled forward from 2017/18 20,000 Funds available year 2018/19 100,000 Total available budget 2018/18 120,000 Allocated First Tranche (June 2018) 70,080.00 Amount available for Tranche Two (October 2018) 49,920.00

Ref Project/Event Applicant Outcome Requested Total Partnership Recommended Balance Cost of Assessment Award Project ECF275 Recycling Brough Approved 10,000.00 50,538.00 This is part of a 8,000.00 41,920 Centre Parish wider scheme relocation Council for the site which has community benefits, access being the anchor for the site.

Page 39 Page Recognition of a significant Page 40 Page

financial contribution from the applicant. Demonstrated good community consultation and need. ECF276 Telephone Box Langwathby Deferred 778.88 1,000.00 Deferred 41,920 Information Parish pending more point Council information on evidence of need from the community. Benefits to the community is a key criteria for this fund. ECF277 Purchase of Langwathby Approved 919.00 1,102.80 The award is 882.24 41,038 line marking United AFC for 80% of total machine project cost. Panel was pleased to support a good community activity which has good volunteer input. ECF278 Equipment for Penrith Declined 2,000.00 4,283.45 Applicant is 0.00 41,038 new Mountain Mountain welcome to re- apply with Rescue Rescue clarification of Vehicle Team financial need and input of own match funding.

ECF279 Village Hall Watermillock Approved 6,364.00 7,932.64 Important 6,364.00 34,674 external Parish Hall community upgrade Management facility. Committee Consulted with users. Part of an ongoing improvement project. ECF280 Improvements Kirkby Approved 7,356.00 9,195.00 Applicant had 7,356.00 27,318 to Pavilion Stephen been asked Cricket Club previously to provide more evidence of community benefit which they had done Valuable, well used local facility. ECF281 Refurbishment Appleby Approved 8,000.00 10,257.00 Awarded on 8,000.00 19,318 of Library first Community the condition floor Enterprises( that ACE ACE) secure a minimum 10 Page 41 Page year lease of Page 42 Page

the building from Cumbria County Council (CCC). Links in with the Heritage Action Zone. Makes use of an otherwise unused building. Acknowledged strong community support

Total 35,417.88 84,308.89 Total 30,602.24 Balance Requested Awarded 19,318 Agenda Item 13

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