SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House, Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk You are requested to attend a meeting of the Cabinet on Wednesday, 10 February 2010, at 10.00 a.m. in the Georgian Room at the Town Hall, Kendal Membership Councillors Brenda Gray (Housing and Development Portfolio Holder) Brendan Jameson (Leader and Promoting South Lakeland Portfolio Holder) Andy Shine (Deputy Leader and Policy, Performance and Resources Portfolio Holder) Hilary Stephenson (Central Services Portfolio Holder) Peter Thornton (Communities and Wellbeing Portfolio Holder) Graham Vincent (Economic Prosperity and Transport Portfolio Holder) Brenda Woof (Environment and Sustainability Portfolio Holder) 2 February 2010 Debbie Storr, Corporate Director (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Mrs Inge Booth Telephone: 01539 733333 Ext.7434 e-mail: [email protected] 1 2 AGENDA Page Nos. PART I Standing Items/Monitoring Reports 1. APOLOGIES To receive apologies for absence, if any. 2. EXECUTIVE DECISION NOTICES 7 - 20 To authorise the Chairman to sign, as a correct record, the executive decisions made during the weeks ending 22 and 29 January 2010 (copies attached). 3. DECLARATIONS OF INTEREST To receive declarations by Members of personal and prejudicial interests in respect of items on this Agenda. If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 4. LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 5. 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 can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic and Member Services Manager on 01539 717440. (1) Questions and Representations To receive any questions or representations which have been received from members of the public. (2) Deputations and Petitions To receive any deputations or petitions which have been received from members of the public. 6. ANNUAL AUDIT LETTER (DECEMBER 2009) 21 - 38 To consider the District Auditor’s Annual Audit Letter 2008/09. 7. CORPORATE PLAN 2010 – 2013 (Referral to Council) 39 - 51 To consider the updated 2010-2013 Corporate Plan. 8. CORPORATE FINANCIAL MONITORING (OCTOBER – DECEMBER 2009) 53 - 65 To consider the Corporate Monitoring Report for the third quarter of the financial year 2009/10. 9. CONCESSIONARY FARES 2010/2011 67 - 72 To consider continuation of the existing Concessionary Travel Scheme for a further 12 months and to note recently announced changes to the operation and funding of the scheme. 3 10. 2010/11 GENERAL FUND SERVICES REVENUE BUDGET PROPOSALS 73 - 91 (Referral to Council) To consider the 2010/11 budget proposals. 11. 2010/11 REVENUE BUDGET: HOUSING REVENUE ACCOUNT 93 - 102 (KD10/007/H&D) To consider and agree the Housing Revenue Account budget and associated Fees and Charges for 2010/11. 12. FEES AND CHARGES 2010/11– COMMUNITY INVESTMENT AND 103 - 109 DEVELOPMENT DEPARTMENT To consider the proposed approach to 2010/11 Fees and Charges for services provided through the Community Investment and Development Department. 13. 2010/11 PROPOSED FIVE YEAR CAPITAL PROGRAMME (Referral to 111 - 120 Council) To consider the draft Five Year Capital Programme. 14. SECOND HOMES FUNDING – PARISH HOUSING NEED SURVEYS 121 - 129 (KD10/006/H&D) To consider re-allocation of Second Homes Funds to pay for a number of parish housing need surveys within the District. 15. OLD HAWKSHEAD ROAD, CONISTON – AFFORDABLE HOUSING 131 - 135 To consider funding a shortfall to enable Eden Housing Association to proceed with the development of 11 new affordable homes at Old Hawkshead Road, Coniston. 16. NEW ALLOTMENTS FOR WINDERMERE TOWN COUNCIL 137 - 147 To consider a request from Windermere Town Council that three plots of land in the Windermere/Bowness area be made available for community use, two for allotment purposes and one as a community orchard. 17. LOCAL AREA PARTNERSHIPS 149 - 163 To consider an update on progress, a framework of roles and responsibilities and the potential for increasing Local Area Partnership influence on service delivery. 18. DRAFT NATIONAL POLICY STATEMENTS– RESPONSE TO PUBLIC 165 - 175 CONSULTATION (KD10/003/H&D) To consider a proposed response from the District Council to the seven draft National Policy Statements published by Government for public consultation in November 2009. 19. REGIONAL STRATEGY FOR ENGLAND’S NORTHWEST RS2010 PART 1 – 177 - 194 RESPONSE TO CONSULTATION To consider an update on the latest progress with the Regional Strategy for England’s Northwest (RS2010) and to seek approval of the response to draft RS2010 Part 1 which is currently out for consultation. 20. CONSULTATION ON DRAFT STATUTORY GUIDANCE ON THE DUTY TO 195 - 197 RESPOND TO PETITIONS To consider responses to the Consultation document on the Duty to Respond to Petitions. 4 21. CORPORATE ADMINISTRATION TASK GROUP REPORT (Overview and 199 - 206 Scrutiny Referral to Cabinet) To consider the report from the Resources Overview and Scrutiny Committee arising from the final report of the Corporate Administration Task and Finish Group. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, specified by way of paragraph number) 22. 27 PRINCES STREET, ULVERSTON 207 - 211 - Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3) To consider the current situation in respect of the Council’s approach. 23. AWARD OF CONTRACT FOR GROUNDS MAINTENANCE SERVICES, 2010- 213 - 221 2017 (2024) (KD09/036/Sev) - Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3) To consider the award of the contract for grounds maintenance services. 5 6 Item No.2(1) 299 w.e. 22.1.2010 Executive Decisions EXECUTIVE DECISION NOTICE DELEGATED DECISIONS A record of delegated decisions made by officers week ending Friday, 22 January 2010. The reports (unless exempt under Section 100(B)(2) of the Local Government Act 1972, on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the Paragraphs indicated and, in all the circumstances of the case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing it) are available for inspection from the Democratic and Member Services Manager, South Lakeland House, Kendal. EX/237 APPLICATION TO MODIFY A RESTRICTIVE COVENANT ON LAND AT 4 STONECROFT, AMBLESIDE (CORPORATE DIRECTOR (MONITORING OFFICER)) Summary Consideration was given to the modification of a restrictive covenant in order for land to be developed. Decision The principle and provisionally negotiated terms and conditions for the modification of a restrictive covenant, as outlined within the report, be approved, thereby allowing land at 4 Stonecroft, Ambleside, previously owned by the Council, to be developed on an affordable housing for locals basis. Reasons for Decision • To assist in the delivery of the Council’s Corporate Plan - 1.6 Housing Needs in South Lakeland are addressed. Contribution to the target of 280 private-funded affordable homes between 2006 and 2011. • The decision also links to South Lakeland Strategic Partnership’s “South Lakeland Sustainable Community Strategy” – “Housing to Meet Local Need” is one of eight priority issues. Alternative Options Considered and Rejected • To lift the covenant unconditionally. This would not be in accordance with the statutory requirement to obtain best consideration in land transactions. • To take cash instead of permanent price reductions. This would not contribute to the delivery of affordable housing. • To attempt to impose more stringent conditions, which may not be considered reasonable in the event of an appeal. * * * * * * * * * * * * 7 300 w.e. 22.1.2010 Executive Decisions EX/238 KENDAL PUBLIC REALM FRAMEWORK – APPOINTMENT OF CONSULTANTS (CORPORATE DIRECTOR (COMMUNITIES)) - Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3) Summary Consideration was given to the award of the contract for the Kendal Public Realm Framework. The funding for this contract had been wholly obtained from the North West Development Agency (NWDA) and the appraisal technique used was an NWDA methodology. Companies tendering for the contract had been made aware of the evaluation criteria. The top four ranked companies had been invited for interview, during which the Interview Panel had sought to assess commitment to the project, ability to create the best outcome for Kendal, creativity, completeness of understanding of the methodology outlined in the brief and the ability to deliver on time and value for money. The Panel had also taken into account the number of work days that each consultancy team would give to the project. The Panel had made its selection based on the company’s comprehensive submission, its price and its understanding of the brief as demonstrated in its staffing of the commission and its performance at the interview. Decision The Kendal Public Realm Framework contract be awarded to Taylor Young. Reasons for Decision • To assist in the delivery of the Council’s Corporate Plan – delivery of key regeneration schemes in Kendal. • In addition, the decision links to the following:- o Cultural Strategy for South Lakeland, Issue 6: Quality of and access to public realm.