COUNCIL MEETING
Wednesday, 18th June 2008 2.00 p.m. Morecambe Town Hall
Mark Cullinan Chief Executive Town Hall LANCASTER
Sir/Madam,
You are hereby summoned to attend a meeting of the Lancaster City Council to be held in the Town Hall, Morecambe on Wednesday, 18th June 2008 commencing at 2.00 p.m. for the following purposes:
1. APOLOGIES FOR ABSENCE
2. MINUTES
To receive as a correct record the Minutes of the Meetings of the City Council held on 16th and 19th May, 2008 (previously published).
3. DECLARATIONS OF INTEREST
4. ITEMS OF URGENT BUSINESS
5. ANNOUNCEMENTS
To receive any announcements which may be submitted by the Mayor or Chief Executive.
6. QUESTIONS FROM THE PUBLIC UNDER COUNCIL PROCEDURE RULE 11
To receive questions in accordance with the provisions of Council Procedure Rules 11.1 and 11.3 which require members of the public to give at least 3 days’ notice in writing of questions to a Member of Cabinet or Committee Chairman.
7. EXECUTIVE ANNUAL REPORT (Pages 1 - 23)
To receive the business progress reports of those Cabinet Members unable to attend the meeting on 16th April 2008 in accordance with Minute No.141 (2007/08).
The individual reports included in the agenda will be presented by the relevant Cabinet Member at the meeting as follows:
(a) Councillor June Ashworth (b) Councillor Tony Johnson (c) Councillor Maia Whitelegg
8. QUESTIONS UNDER COUNCIL PROCEDURE RULE 12.2
To receive questions in accordance with the provisions of Council Procedure Rules 12.2 and 12.4 which require a Member to give at least 3 working days notice, in writing, of the question to the Chief Executive.
9. LEADER'S REPORT (Pages 24 - 28)
To receive the Cabinet Leader’s report on proceedings since the last meeting of Council.
10. ELECTION OF CABINET MEMBER
To receive the nomination of the Conservative Group and elect a new Cabinet Member in accordance with Article 7 of the Constitution, following the resignation of Councillor Tony Johnson from the Cabinet with effect from 17th June 2008.
11. MORECAMBE TOWN COUNCIL PETITION (Pages 29 - 34)
To consider the report of the Chief Executive.
12. MINUTES OF CABINET (Pages 35 - 55)
To receive the Minutes of the meetings of Cabinet held on 22nd April, 1st May and 3rd June 2008.
…………………………………………………. Chief Executive
Town Hall, Dalton Square, LANCASTER, LA1 1PJ
Published on Monday 9th June 2008 Page 1 Agenda Item 7
EXECUTIVE MEMBER ANNUAL REPORT
COUNCILLOR JUNE ASHWORTH, CABINET MEMBER WITH RESPONSIBILITY FOR CITY COUNCIL (DIRECT) SERVICES, ECONOMIC ENVIRONMENT AND LICENSING
ANNUAL REPORT 2007/08
EXECUTIVE MEMBERSHIP:
• Cabinet • Climate Change Cabinet Liaison Group • Morecambe Retail, Commercial and Tourism Cabinet Liaison Group • Recycling Cabinet Liaison Group
EXECUTIVE APPOINTMENTS TO OUTSIDE BODIES etc:
• British Resorts Association • LGA Tourism Forum • LSP Sustainability Partnership
OVERVIEW OF PORTFOLIO RESPONSIBILITIES:
Joint Portfolio for City Contract (Direct) Services with Special Interest in Enforcement Joint Economic Environment Portfolio with Special Interest in Employment Opportunities and Tourism in Morecambe Licensing (including enforcement)
CORPORATE PLAN PRIORITY OUTCOMES
Cleaner streets and public open spaces. Reduce waste in the district by recycling and re-use.
PROGRESS DURING 2007/08
This report covers the 3 main areas of activity within my Cabinet responsibilities, namely, Employment and Tourism in Morecambe, Licensing, and Enforcement. Each of these has a separate section which outlines achievements in the year and also gives a flavour of what you can expect in the near future. Wherever possible, I have tried to avoid any overlap with my Cabinet colleagues but fear on occasions this might have happened.
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Tourism/Economic Development
Promotion & Marketing
The last year did not see any growth in local tourism, probably due to poor summer weather, low cost flights to overseas destinations, and no new attractions opening locally. In order to improve the marketing of the resort, in addition to the usual holiday brochure, a concerted campaign to increase electronic marketing and use of the internet was undertaken. A new Website, www.citycoastcountryside.co.uk was launched in 2007 and this has averaged 12,000 unique visits per month during the year. This website was “Highly Commended” at the Lancashire and Blackpool Tourist Board’s Excellence in Tourism awards and the tourism team was again nominated in the LETS awards in the Tourism Team of the Year category. A student placement, funded by the LRTI, has been very beneficial for the team and he assisted with the website and with research. In addition, a CD entitled “Morecambe – Changing Times” has just been launched which is a fantastic advert for the resort and sets out how it has changed over recent years to become a key visitor destination and excellent place to live.
The tourism team continues to provide an effective promotion and marketing function. They have attended two travel trade shows and been involved in national and regional tourism meetings through membership of the Lancashire and Blackpool Tourist Board, the British Resorts and Destinations Association, Destination Performance UK and have been involved in Tourism Together (the new national public sector tourism umbrella body). The team has also been involved in discussions about a Regional Park for Morecambe Bay, has had input to the Lancashire and Cumbria Rail Utilisation Strategy and has been involved with the Vision Board’s working groups, particularly the heritage marketing group and the transport group.
The direct mail marketing campaigns have been successful, with over 10,000 responses over the first 12 months, and business support has been given to local hotels including the Midland Hotel. Marketing conversion research is being undertaken to look at the proportion of enquiries that are turned into bookings.
Performance and Achievements
Destination Benchmarking research, undertaken every 2 years, was received in 2007 and trends have been identified. Trends were also reported from the annual STEAM (value and volume of tourism) research and this showed that the value of tourism to the district in 2006 was £224.75 million (-1%), the volume was 4.62 million visitors (-3%) and supported over 4,000 local jobs. Figures for 2007 are expected by late spring in 2008.
The redesigned Morecambe Visitor Information Centre was officially reopened by the Mayor in January, 2007 and handled some 69,000 visitors and a total of 99,000 enquiries throughout the year. New, more accurate people counters have been installed. In total, the two TICs handled 210,000 enquiries in 2007 and had a gross income of £293,000 (+16% over 2006). The experience of refurbishing the Morecambe VIC has proved to be very valuable for the tendering process for the new Lancaster VIC which is due to open at the beginning of 2009. A contribution of 50% of the costs of the new Lancaster VIC has been secured from the LBTB and NWDA.
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Recent investments in Morecambe have seen improvements that are starting to bear the fruits of increased visitors into Morecambe and the District, in particular: -
• Coastal Defences The completion of Phases 6 and 7 of the coastal defence works and the restructured Sandylands Promenade provide an extension to the landscaped promenade walkways.
• Festivals & Events The high quality and varied range of events promoted and supported by the council through the Festivals Innovation Fund continues to provide entertainment for visitors and residents alike. (Heritage Gala Weekend, Kite Festival and Tutti Frutti to name a few)
• West End Gardens This new development, managed by the council and financed from European funds, includes a performance plaza, a viewing platform, 3 separate play areas, interactive water fountains, public art works, picnic areas, and landscaped areas. These are soon to be enhanced by the provision of a quality café and new public toilets in 2008. And … as a first for the district, an outdoor Ice Rink facility available to the public free of charge over Xmas !
• Employment Developments The area around Morrisons in particular, continues to develop providing welcome job opportunities. Recently we have seen Next and Sainsbury’s Homebase open. Shortly there will be a new JJB presence on the site. These, coupled with the Midland Hotel opening in the summer, and the redevelopment of Yorkshire Street, will revitalise the seafront and promenade retail areas.
The Future
The message that Morecambe is changing and leading the transformation of coastal resorts is clearly getting around. To maintain this momentum further, there are plans and £7m funding in place through the Lancaster and Morecambe Vision Board regeneration strategy to create a new Central Park for Morecambe’s West End, redevelopment of the Retail Core, and the renovation of the old Co-op building. In addition the Council has been awarded and allocated funds for the further development of Regent Park, more work on the Morecambe Shop Front improvements and other play area improvements.
Other plans to renovate and reopen the Winter Gardens, the second phase of the Morecambe Townscape Heritage programme – “A view for Eric”, and the Central Promenade Redevelopment site adjacent to the Midland, all offer further encouragement that Morecambe is becoming a revitalised coastal resort with good job prospects and new visitor destinations.
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Licensing
Gambling Act 2005
The Gambling Act 2005 came into force on 1st September 2007. Under this legislation the Council is now responsible for the licensing of various types of gambling premises including betting shops, adult gaming centres, family entertainment centres, bingo establishments along with betting held at tracks. The Act has introduced a number of complex regulations that have caused difficulties for officers in their interpretation. For example, there are new rules regarding the sub- division of gambling premises where defined non-gambling areas must be shown. As this piece of legislation is relatively new, there is little to report at this stage.
Hackney Carriage and Private Licensing
A new Taxi Liaison Group (TLG) has been formed which consists of representation from the main taxi companies, the police, the highways authority and the council’s licensing officers. The aims of the TLG are to develop and maintain an effective liaison between these groups in order to improve service amongst all the partners in the group. An example of the benefits of the TLG is the proposed implementation of a structured training scheme for new taxi drivers. A pilot training scheme is being run in March/April 2008, and in the coming months it is planned to implement such training for all new drivers. Also, through the workings of the TLG, effective lines of communications have been established. For example, the highways authority now circulates the taxi trade representatives with regular information regarding traffic hazards and road closures etc.
Performance
The Licensing group is striving to continue to improve its efficiency and standard of services to customers. New performance indicators are being introduced to cover the number and frequency of inspections carried on licensed premises and taxis. The group is also responding to customer needs through the use of customer satisfaction surveys.
Alcohol Harm Reduction Strategy 2007-10
The Licensing group is a member of the Lancaster Alcohol Harm Reduction Partnership, and through its work in regulating licensed premises, the group has positively assisted in the delivery of certain action plans contained within the 3 year strategy.
Enforcement
Performance & Achievements
If the Council is to make improvements in the standards of cleanliness throughout the area, then it must have an enforcement deterrent. Previously, the Council has had limited success in this area, but recently there have been significant improvements.
Noticeable improvements have been achieved in standards of street cleansing and the response times to reports of fly tipping, littering etc. Targets are being achieved with performance improving from 18 per cent of land with significant deposits of litter (2005/6) to 12.77% per cent in 2006/7. (It was 28% in 2004/5). Recorded incidents
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of fly tipping have reduced (by 40% from 2006/7) and responses to reported fly tipping have improved with removal taking place within one working day.
The Council's approach to tackling the national problem of fly tipping is based on a combination of enforcement, education and service delivery. The successful prosecution of a rogue trader took place this year. Over 80% of the fly tipping reported in this District consists of single black bags dumped in back streets in these cases it is often very difficult to find sufficient evidence to take formal enforcement action, generally because people are extremely conscious these days of issues like identity theft. To illustrate the efforts that Council officers and PCSOs are taking to tackle this problem, from July to December we sent out 365 warning letters to households that were suspected of dumping black bags or creating other environmental problems. We also gave face to face warnings to another 20 people suspected of fly tipping. Targeted enforcement, within existing capacity, combined with improved response times to remove fly tipping, provision of wheeled bins to householders, willingness of people to come forward and provide information, and campaigns to raise awareness of the problem, have led to a 40% decrease in the number of fly tipping incidents recorded in the district in 2006/7.
The Council contributes towards the cost of PCSOs in this District. All PCSOs are trained by the Council to deal with environmental offences such as fly tipping and littering.
When deterrents are ineffective, then action is needed and the statistics below show that the Council is strengthening its resolve to take action when offences take place, and fines and prosecutions have resulted when warnings have not been heeded.
To summarise, during 2007/8, there have been:
620 warning letters 2 section 47 Notices served to businesses in respect of trade waste 25 section 46 Notices served to householders in respect of litter bins/boxes 13 Fixed Penalty Notices issued for litter offences (Section 87 offences) 2 Fixed Penalty Notices issued for litter bins/boxes offences (Section 46 offences) 1 successful prosecution and another pending
The Future
Whilst the above improvements are pleasing, there is still room for further improvements. I’m happy therefore, that the Council was able to agree proposals to increase the number of enforcement officers from 2008/9 onwards. Next year will see an additional 2 enforcement officers recruited to add to the one already in place. This positive action will undoubtedly ensure that the council is in a strong position to prosecute offenders wherever appropriate.
CONCLUSION
Overall, I’m pleased that in my first year of Cabinet, discernable improvements have been made in the areas outlined above, and plans in place to continue that improvement. These achievements are largely due to the skill, energy, professionalism, and enthusiasm of the staff with whom I have worked with since May. To all those staff, I say a big thank you.
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EXECUTIVE MEMBER(S) ANNUAL REPORT
COUNCILLORS VAL HISTED AND TONY JOHNSON, CABINET MEMBER(S) WITH RESPONSIBILITY FOR SOCIAL ENVIRONMENT - RURAL AREA PORTFOLIO AND PERFORMANCE MANAGEMENT
ANNUAL REPORT 2007/08
EXECUTIVE MEMBERSHIP
Councillor Histed Councillor Johnson (May – December 2007) (December 2007 to date)
• Cabinet • Cabinet • Climate Change Cabinet Liaison • Climate Change Cabinet Liaison Group Group
EXECUTIVE APPOINTMENTS TO OUTSIDE BODIES etc
Councillor Histed (May – December 2007)
• Community Safety Strategy Group • Lancashire Rural Partnership • Lancashire Canal Restoration Partnership • Lancaster Local Strategic Partnership • LGA Rural Commission • LSP Equality and Diversity Building Block • LSP Executive • LSP Sustainability Partnership
Councillor Johnson (December 2007 to date)
• Community Safety Strategy Group • Lancashire Rural Partnership • Lancashire Canal Restoration Partnership • LGA Rural Commission • Arnside and Silverdale AONB (Forum, Countryside Management Service and Limestone Heritage Project SC) (January 2008 to date) • Arnside and Silverdale AONB Unit (January 2008 to date) • Forest of Bowland Advisory Committee (January 2008 to date) • Lancashire Rural Affairs Forum • North West Rural Affairs Forum
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OVERVIEW OF PORTFOLIO RESPONSIBILITIES
Social Environment – Rural Area Portfolio Performance Management
CORPORATE PLAN PRIORITY OUTCOMES
To regenerate Carnforth and its rural hinterland.
To improve the council’s performance monitoring, management and reporting arrangements.
Council continues to improve; external assessment validates that improvement.
PROGRESS DURING 2007/08
Introduction
Although this portfolio has been split between ourselves over the year, this has not effected the achievement levels within our sphere of responsibilities. The detail below provides comprehensive evidence of the very real progress that has been made within our portfolio and this has contributed, along with other Cabinet members’ achievements, to the well earned CPA increased performance rating of this Council now being a GOOD authority. In acknowledgement of this, we must give thanks to all the officers who have assisted us and contributed hugely to the achievements outlined below. Well done and thank you.
To regenerate Carnforth and its rural hinterland.
Programme Activity and Performance
This year, as the final year of the programme, has seen a significant amount of activity which has brought the programme close to its projected spend for the year and made a large impact in delivering the programme outputs. Projects which have performed well during the year include:
Carnforth Connect. – The project has established a sound operational base and partnership working between private sponsors and County Council.
Carnforth Events Programme – A very successful range of events have been held over the year with the vastly improved Christmas lights celebration being the pinnacle of the calendar.
Small Project Fund – The project has provided grants to 12 local groups and allocated all its funds fro the year.
Business Support Fund – The fund has proven exceptionally popular and demand outstripped supply with the project securing additional funds from Carnforth Area Regeneration Partnership (CARP) in September. The project has also delivered above its contracted outputs.
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Carpediem – Skills course – The skills programme has been operating form the beginning of the academic year providing much needed intervention to the low skilled population of the area.
Community Resource Centre – The major capital project within CARPs portfolio has completed all necessary design and planning requirements and has begun on site with the project to complete September 2008.
Fire Station Redevelopment – CARP Ltd working closely with Lancashire Fire Service have negotiated a draft operational position to develop the site. CARP Ltd have secured the funds and appointed the Architects and economic consultants to bring the project to outline planning stage RIBA Stage C.
Extra projects included during this year have included:
Community Astro Turf Canal Tow Path Improvements Canal Mooring improvements New Canal Boat Project
In addition to the new projects to the programme, NWDA approved 3 projects to continue into 2008/9 for a 6 month extension. These were the Community Resource Centre, Carnforth Fire Station Development Study, and an extension to the Rural Regeneration Officers role.
Carnforth Area Regeneration Partnership (CARP)
During the year the CARP Executive met on 8 occasions to provide oversight of the programme and to make decisions on the allocation of resources to projects.
The Full Partnership met on 3 occasions which included a very successful AGM in May hosted by one of the CARP members, Capernwray Hall.
Exit strategy
In preparation for the end of the programme and the end of the role of CARP, the partnership agreed to promote the role of CARP Ltd and to encourage members of CARP to join the new social enterprise company. The company is responsible for Carnforth Connect, New Canal Boat project, redevelopment of Carnforth Fire Station and has a role in the operation of the new community resource centre. CARP Ltd report 40 members of the company and expect to hold their first AGM in the next few weeks.
A final meeting of the main CARP partnership will be held in October 2008 to report the final outcome of the Market Town Initiative programme following the completion of the projects given the extension into 2008-09.
Tourism in the Rural Areas
Ongoing tourism initiatives in the Rural Areas include support for a Farming, Interpretation and Environment Centre at Greenlands Farm at Tewitfield which is due to open to the public in May 2008. This is adjacent to the Longlands Hotel and the Tewitfield Marina which has been built during 2007/08 and is now nearing completion.
The Tourism Section has representation on the Lancashire and Blackpool Tourist
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Board’s themed marketing campaign steering group for ‘Country Escapes’. These campaigns include a mix of E-newsletter, pay per click and direct mail brochures sent to 30,000 contacts. The project also includes the LBTB’s Outdoor Guide which includes the Lancaster district and we attend the annual Outdoor Show as part of the Lancashire and Blackpool stand to promote our Lune Valley attractions, Walking for All, and Cycling for All guides.
We are continuing to encourage rural self-catering tourism operators to explore the benefits of on-line booking for their businesses. Visits to the Lune Valley web pages on our www.citycoastcountryside.co.uk
We exhibited at the annual group operators show at Bolton for the ‘Great Days Out Fair’ and themed it around the Taste of Lancashire theme for 2008. We also assisted the Lunesdale Studio Trail with the distribution of their flyers for their annual event in May, as a way of supporting high value but low volume rural tourism.
Leeds Morecambe Community Rail Partnership
The Leeds - Morecambe Community Rail Partnership Company Ltd., (set up and launched at Carnforth in May, 2006) continues to produce promotional timetables and has supported walks leaflets produced for the line by the Lancaster and Skipton Rail User Group. The Community Rail Partnership Officer (p/t) started in post at the beginning of April, 2007. The group has contributed to the Lancashire and Cumbria Rail Utilisation Strategy and a report is due in the spring of 2008. It has also contributed to the study of transport throughout the district which has been commissioned by the Lancaster & Morecambe Vision Board’s Transport Group from the consultants Faber Maunsall.
Lancaster Canal Restoration Project
Although meetings of the Lancaster Canal Restoration Partnership have been attended, progress has been slow, partly due to cuts in DEFRA funding to British Waterways. The steering group meets annually and the City Council is represented at meetings of the Executive Group and the PR and Fundraising group. The start date for work on phase 1 of the project, at Canal Head in Kendal, has been put back to 2009.
Galgate Community Rooms
The City Council has supported the Galgate Community Rooms project, led by Ellel Parish Council, through the provision of an advance of £80,000 as part of an overall ‘front funding’ package of almost £200,000, the balance being met by Lancashire Economic Partnership. This funding was provided to assist the project’s cash flow pending receipt of Pathfinder in Practice grant from the Northwest Regional Development Agency.
Leader
The City Council has continued to support the Lancashire Leader + programme with funding towards administration and marketing during 2007/08 which is the programme’s final year. The programme has supported a range of rural projects including the Carnforth Canal Boat and Hornby Village Institute.
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Rural Policy
The City Council has maintained its involvement in the development of rural policy through officer representation on the Lancashire Rural Practitioner Steering Group which reports to the Lancashire Rural Development Board and oversees the detailed aspects of the Lancashire Rural Strategy (Co-ordinated Actions for Rural Lancashire). It has also considered the Lancashire Implementation Plan for the Rural Development Programme for England with proposals developed for a Local Action Group covering Lancaster, Wyre and Fylde Districts. The City Council is also represented at both Cabinet Member and Officer level on the Lancashire Rural Forum and the North West Rural Affairs Forum.
Rural Planning
The City Council’s Local Development Framework has recently undergone the Examination in Public of its Core Strategy, and is the first in the North West Region to do so. Parish Plans have been cited as advocacy documents which have informed the preparation of the Strategy.
The Forward Planning Team have been in detailed negotiations with Strategic Housing to assist in funding the update for the District’s Housing Needs Study. The findings will inform the Affordable Housing Development Plan document to be prepared next year.
Results are awaited from the resurvey of Middleton Wood by the Environment Agency to ascertain whether further remedial works will be needed to prevent this major site in the Council’s ownership polluting Morecambe Bay.
The review of the Arnside/Silverdale AONB Management Plan commenced last year. The requirement for Strategic Environmental Assessment has meant that climate change and coastal environments will need to be incorporated into the Plan.
The City Council has taken steps to block the installation of additional moorings at Glasson Dock Marina by insisting that the works require Environmental Impact Assessment.
The Head of Planning Services took part in the multi-agency working party examining the potential to extend the boundaries of the Yorkshire Dales and Lake District National Parks. A decision has been recently made to put the review findings on hold pending the results of a challenge to a review of other parks in the South of England.
Priority Outcome To improve the council’s performance monitoring, management and reporting arrangements.
All recent external inspections and judgements have identified the very real improvements that the Council has made recently. Although Performance Management may not be the most exciting topic for our public, it is the focal point of every organisation’s ability to deliver its promises. Set out below are some positive examples of how our performance management arrangements have improved and fulfilled our promises.
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Comprehensive Performance Assessment (CPA)
Now recognised as a ‘Good’ council. The significant ongoing improvement we have made in our approach to managing performance underpin all other council achievements. Our re-structured and streamlined Performance Management Framework (PMF) ensures that all strategic and operational priorities have delivery targets set and responsibilities allocated to both members and officers. These are then monitored and reported on through exception reports in the Performance Review Team process. The PMF is working well and is effectively monitoring and improving performance, a view which was endorsed in the recent CPA inspection report where our internal processes were highly praised.
Escendency
“There is a consistent and open approach to performance management by officers and councillors. Individual portfolio holders, directors and heads of service have good oversight of performance within their portfolio areas through good use of performance monitoring information”.
Audit Commission – Lancaster City Council Corporate Assessment February 2008
The change associated with corporate improvement requires processes to manage it well. Our systems are robust, well embedded and consistently applied. ‘Escendency”, our web based performance management tool, provides a ‘picture’ of performance in relation to priorities in real time, highlighting both under and over performance and translating strategic priorities to operational delivery. We are able to see a single, real-time, top down picture of our success in delivering our vision for the District. The Escendency system has also streamlined our reporting processes providing instantly available, high quality performance information to a wide (and expanding) audience. All council services are now using the Escendency system.
LAMP
Our bespoke corporate project management methodology is well embedded across the Council. We introduced Lancaster’s Approach to Managing Projects (LAMP) in April 2007 and so far more than 150 officers have received LAMP training. Adoption of a standard method has developed a pool of trained and experienced project staff who can apply the method to any type or size of project proportionate to its significance to the success of the Council, its complexity and degree of risk. Through LAMP, we ensure that all intended project benefits are realised and that individual projects are delivered to time, cost and quality. A corporate Projects Officer post has been established to support all services in the consistent application of LAMP, sharing best practice and lessons learned. We’re so proud of LAMP that we have taken steps to have it copyrighted!
Data Quality
Consistent, high-quality, timely and comprehensive information is vital to delivering improved service outcomes. The Council’s response to the emerging data quality agenda has been speedy and comprehensive. Much work has already being undertaken to provide relevant information for Members, managers and external audit, especially where concerns have already been identified. Members and officers have been trained to ensure the highest possible standards throughout the
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data collection process, from first principles and setting up indicators, to the eventual publication of a robust set of performance data which is accurate and fit for external scrutiny. ‘Information Custodians’ have been established within each Service to provide a quality assurance role with regard to service data. The Council has set a target to score Level 4 for data quality by 2008 and we are on track to achieve this. The 2007 Use of Resources judgement showed that the improvements made to date now merited a score of 3, “Performing Well” and we are confident that this will improve further next year.
Partnership Performance
Increasingly, the council delivers its ambition for our communities through partnership working, so we seek to share our performance management expertise with all our partners. This was an area for future development/improvement identified in the CPA report and the coming year will see the council’s ever more active engagement in the development of a PMF for the Local Strategic Partnership. We have existing strengths upon which we can build.
The Council and a number of its major partnerships already receive routine performance management information to help them deliver their priorities. The Neighbourhood Management Boards in Poulton and the West End of Morecambe use the Council’s performance management framework to monitor delivery of targets and to inform future service improvements, these are underpinned by delivery frameworks and plans. Plan targets are set and agreed with partners (such as County Council) and are assessed to ensure that they are challenging but realistic.
Our Community Safety Partnership has in place a rigorous framework that takes a pro-active shared approach to managing performance which has proved highly effective in delivering improvements as the following quote proves:-
Having seen the December (07) figures for crime performance in Lancaster this is a note to congratulate Lancaster for a tremendous effort in turning the position round in the last four months. The really good news is that there is much going on in Lancaster that will bring further improvements in the future.
Deputy Regional Director – GONW - Communities Group - January 2007
Performance monitoring arrangements are in place with the County LSP to monitor local progress in achieving targets in the Local Area Agreement. Data sharing protocols are now in place across partnerships; the MADE (multi– agency data exchange) database is specific example of this that helps determine priorities and improvement planning in the CSP.
Comparison & Value For Money
The Council invests a great deal in benchmarking, in particular through strong links with our family group, the Exeter Benchmarking Group, enabling exchange of knowledge and ideas to support many of the Council’s improvements. We are also a corporate member of the Association of Public Service Excellence (APSE). Specific professional and countywide officer groups also meet regularly to discuss performance and opportunities to share best practice and efficiency options.
Other practical examples of using comparative performance data include using the Audit Commission’s VFM tool, Direction of Travel and CPA re-categorisation profiles
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and visiting other Councils to learn from best practice. These tools are used by services in both their PRT reports and also in the Star Chamber’s annual VFM challenge. Value for money is central to our performance management framework and continues to drive our efficiency agenda.
Priority Outcome - Council continues to improve; external assessment validates that improvement.
Lancaster City Council’s continued improvement and achievements have been validated by external inspectors. The Audit Commission has now rated the council as a ‘good’ authority – the second best category out of the five possible CPA ratings. The CPA inspection took place in October 2007 with the inspection report and score made public in February 2008. The progress made in relation to the council’s performance management framework was highlighted in the report.
The annual Data Quality Audit identified significant improvements in the quality of the data upon which the council relies to make its decisions and the Best Value Performance Plan (Annual Report) was for the 8th year deemed to have been produced in line with statutory requirements.
CONCLUSION:
As outlined earlier in this report’s introduction, significant achievements have delivered within our portfolio over the year, which along with those from our Cabinet colleagues, have contributed to the well earned CPA increased performance rating of this Council as now being a GOOD authority. We again wish to thank all the officers who have assisted us and contributed hugely to the achievements outlined above. Thank you all.
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EXECUTIVE MEMBER ANNUAL REPORT
COUNCILLOR MAIA WHITELEGG, CABINET MEMBER WITH RESPONSIBILITY FOR CULTURE, LEISURE, SPORT AND YOUNG PEOPLE AND PERSONNEL
EXECUTIVE MEMBERSHIP:
• Cabinet • Morecambe Retail, Commercial and Tourism Cabinet Liaison Group (Observer)
EXECUTIVE APPOINTMENTS TO OUTSIDE BODIES etc:
• Children's Trust Partnership - Lancaster District • Governing Body - Lancaster and Morecambe College Corporation • Lancaster University Public Arts Strategy Committee • LSP Children and Young People Group • LSP North West Lancs Lifelong Partnership Group • Museums Advisory Panel
OVERVIEW OF PORTFOLIO RESPONSIBILITIES:
My special areas of responsibility on the Cabinet cover Culture, Leisure, Sports and Children & Young People in addition to Personnel. The following is a summary of key events and outputs in the last year in these areas.
I would like to take this opportunity to acknowledge the work and dedication of staff and Officers across all areas of the portfolio brief. I would like to thank both the staff and Members for their support during this last year in addition to the commitment given by individuals in other organisations to this work.
CORPORATE PLAN PRIORITY OUTCOMES:
A varied programme of festivals and events throughout the district. Develop a comprehensive corporate approach to children and young people’s issues.
CHILDREN & YOUNG PEOPLE - PROGRESS DURING 2007/08
The past year has seen progress and further changes in policy and guidance relating to the Children and Young People’s agenda both nationally and locally.
The Children and Young People team has continued to work in the following areas:
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• Safeguarding
Basic child protection training has been well attended – 6 sessions from the corporate training budget, 15 participants per session. There have also been specific training/briefing events for Council Housing Services operatives; SASC staff; play leaders; service responsible officers; council members.
Evaluations from training events have resulted in addressing further learning needs, e.g. case conference training from Council Housing.
A cross service group of officers meets quarterly to ensure consistency in safeguarding practices throughout the council.
New regulations will be coming out at the end of 2008 regarding the registration of staff with the Independent Safeguarding Authority.
There is a statutory requirement to have in place child protection policies. It is also one of the actions identified in the Audit Commission’s recent assessment of County / District Council activity in this policy area “Working in partnership to deliver improved outcomes for children and young people”. As well as not complying with legislation, not having such policies and procedures in place put at risk children, young people and vulnerable adults as well as members of staff and those who work with those groups of people in any other capacity. The Council’s Child Protection Policy and safeguarding measures is seen to be an example of good practice within Lancashire and we have been asked to give a presentation to representatives from district councils across the county.
More recently the government has published the Safeguarding and Vulnerable Groups Act which provides a legal framework for a new Independent Safeguarding Authority and scheme. The new arrangements are due to be introduced in a phased roll-out from Autumn 2008 and nearer that time the Child and Vulnerable Adults Protection Policy will be amended in accordance with the new arrangements once regulations and guidance are in place.
• Every Child Matters
In order to try and have a coherent approach across the county for district councils, an ECM Lead Officer Group has been established with designated officers from each of the 12 district councils. To date work has taken place on district action plans addressing the recommendations from the Audit Commission, IDeA and others. The action plan for Lancaster has been completed and either ‘reasonable’ or ‘good’ progress has been made against most recommendations. Some further work is needed to complete/add to the objectives.
A cross service ECM group of officers has been meeting to share practice and to ensure that all staff are aware of their responsibilities under ECM and the Council’s commitment. Terms of reference is now being reviewed in light of progress being made.
The Cabinet Liaison group was re-established in June 2007. The group has received presentations from a number of sources including the YMCA and Lancashire County Council Children’s Trust representatives to guide and Page 16
inform decision making during the development process of the local Children’s Trust. The liaison group also sought to address communication across two-tier governance with regard to services provided to children & Young People through advice from the County Council Liaison Officer. Membership on the liaison group has varied and due to the recent and ongoing restructuring of County Council Youth services (now known as Lancashire Young Peoples Service) the terms of reference now need reviewing.
The Council’s first Children and Young People’s Strategic Plan was passed through Cabinet in January 2008. This is further recognition by Council of it’s commitment to the children and young people agenda. The plan lays out how the council services are currently contributing to ECM and the context the work takes place in. Perhaps more importantly there are four defined priorities to be worked towards over the next three years:
¾ Children and Young People Engagement Strategy ¾ Safeguarding ¾ Promoting Positive Activities ¾ Enabling Young People to be Ready for Work
• The local Children’s Trust Partnership
Children Trusts are a new way of working that brings together the planning, delivery and workforce to provide a joined up service for children and young people across the county and locally in districts that will result in positive and coherent outcomes.
Lancashire has adopted a structure of one County Trust and 12 Local Trusts – one for each district.
In Lancaster District the Children & Young People Building Block of the LSP has provided the basis for the Local Children’s Trust. The Local Children’s Trust Partnerships will:
o Set local priorities o Link to the children & young people’s thematic element of the Local Area Agreement o Co-ordinate local delivery of services o Contribute to the Common Assessment Framework.
• CAF (Common Assessment Framework)
Lancaster is one of the first districts in the county to have the Common Assessment Framework (CAF) rolled out in April 2008. This is one of the elements of delivery of integrated frontline services. The CAF is a shared assessment tool for use across all children’s services & all local areas in England. It aims to help early identification of need and promote co-ordinated service provision. CAF is for children & young people with additional needs. Staff have been nominated from relevant services to undertake the appropriate training and the council has signed the ‘declaration of acceptance’ to the CAF.
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CONCLUSION
The past year has seen the Children and Young People agenda further embedded into the council, for both members and officers. It has also been a period of ever changing national policy and county/district re-organisations which all impact locally. The Children’s Trust will be a new way of working and will take some time to be understood and integrated into work practice and planning. However, the Children and Young People plan give council services a clear direction of what is needed and how our services can fit into the broader district picture and for our contribution to be recognised.
Council, in setting its budget for 2008/09 has agreed to increase the post of Children & Young People Officer within the Corporate Strategy Service to support the ongoing development of the work outlined above. Council also contributed a positive initial commitment to engaging with young people through work-based related schemes by allocating funding to a Young Advisors scheme.
CULTURAL SERVICES - PROGRESS DURING 2007/08
Cultural Services experienced another busy and varied year in 2007/2008. The “core” services allies with Council’s Corporate Objectives and Cultural Services has increasingly become a key driver for health and well-being, through its contributions to regeneration, community engagement, economic impact and civic pride.
Key highlights for 2007/2008 include;-
The Play Strategy In July 2007, Council approved the Play Strategy 2007 – 2012 and associated Implementation plan. This decision allowed the district via the local authority to access £307,430 play funding, based on an adopted play strategy and the City Council acting as the accountable body.
In order to deliver this programme efficiently and successfully, to maximise the potential wider benefits, to provide a rounded programme and continue to build on the success to date in supporting local groups and levering other external funding, it was also considered essential that additional resources were provided to match fund lottery money to employ a full-time officer. As part of the 2008/09 Budget process, consideration was given to the allocation of £50,700 in Council revenue support over three financial years (2008/2009 – 2010/2011) to enable the opportunities of this programme to be fully maximised.
Good play opportunities are essential to children’s development. They provide enriching experiences that can help develop children’s emotional and social skills. This opportunity has been presented to the Council which allows us to look at new methods of supporting and developing play. Play issues always feature highly within communities, either for children or youths and this strategy and programme enable a coordinated approach to be provided to develop new approaches to these issues.
The Play Partnership and Play Strategy will provide a co-ordinated approach to play provision/services across the District, way beyond the life of the play lottery funding.
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Cultural Venues (Salt Ayre Sports Centre, 3 Swimming Pools, The Dome, The Platform)
The City Council’s Cultural venues (Salt Ayre Sports Centre, the 3 Community Swimming Pools, the Dome, and the Platform) between them attracted more than 1,000,000 customers.
Cultural Services has also enjoyed another successful year in drawing external funding awards into the District, such as the £160,000 awarded, as part of the Cycling Demonstration Town Initiative, to improve cycling facilities at Salt Ayre Sports Centre
• The Dome Due to potential developments in and around central promenade, the regeneration of the Midland hotel and financial concerns, consideration was given to the future of the Dome. Various options were considered including closure, demolition and transfer of events. In terms of the impact that shows and events make to the district, particularly high profile acts such as those undertaken in 2007/2008, including; - the “Arctic Monkeys”, “Athlete”, “Reverend & the Makers”, the ‘Kooks’ and ‘the Fratellis’ closure would have a potentially damaging impact on the reputation of the Council and district as a whole.
Despite considerable revenue savings which would be obtained through closure, it was decided that the City Council would continue to operate the Dome, until such time as the outcome of the Morecambe promenade redevelopment is determined. This option also allows for a wider debate about performance venues in Morecambe, within the context of not only the Promenade Redevelopment but also the future of the Winter Gardens.
It was also agreed to commission a Dome condition survey to in order to identify additional capital and/or revenue implications for the continued use of the Dome.
• Parks & Open Spaces Following from the work undertaken as part of the Parks and Open Spaces Strategy, Cultural Services undertook improvement projects in a number of its parks, including Regent Park and Happy Mount Park, with the latter achieving a Green Flag Award.
The following two schemes have been progressed during 2007/2008 to provide the Council with an opportunity to test out alternative and innovative approaches to the management of parks and open spaces:
• Happy Mount Park Work has been undertaken to support the enhanced “partnership” with the private sector and to encourage further private sector investment and development in Happy Mount Park. This is known as the Private model.
• Highfield Recreation Ground Here, work has also been undertaken to support a community management model. This has involved working together with the Highfield Association to secure external funding (only available to community groups) that would bring the tennis courts and pavilion back into operation and under community management. Subject to final approval at a later date, there exists the possibility of a “pilot” community management model which, if successful, could be rolled out to other parks within the District. Page 19
Having received Council approval, work will continue to progress the respective “partnership” proposals in respect of Happy Mount Park (private) and Highfield Recreation Ground (community), with a view to bringing either or both proposals forward to a future meeting of Cabinet for final consideration and approval.
Holiday Activity Programme
Cultural Services Holiday Activity Programmes (rural and urban) attracted a record level of participation, with a significant number of courses having a 100% take-up rate.
The Holiday Programmes, which include the Summer Playschemes, operated throughout the District, utilising not only the Council’s own sports, arts and cultural facilities, but also community based facilities in both the rural and urban locations. The programmes have an emphasis on participation and continue to target opportunities to disadvantaged people, such as those with disabilities.
Sports and Physical Activities Strategy
This Strategy is a three year plan formulated by Lancaster’s Sport & Physical Activity Partnership (SPAP) consisting of 18 individuals representing Lancaster City Council, the Primary Care Trust, Education, Older People Partnership, Diversity Forum, Lancashire County Council and the private and voluntary sector. The SPAP is a sub- group of the wider Health & Wellbeing Forum, which is a building block of the Local Strategic Partnership (LSP). The partnership, which has been recommended an award of £219,000 from Sport England, is anticipating that it will gear in a total expenditure budget of £547,000 (which includes financial and in-kind contributions from a range of partners).
The above funding will underpin the delivery of four projects .The first is an extensive programme of sports and physical activities delivered across the Lancaster District working with a range of delivery partners. All of the partners identified as part of the programme currently provide opportunities for the 16+ age group and therefore all participants will have exit routes into sustainable activities.
The second project will use low to moderate sport and physical activity at targeted groups with a particular emphasis on older people over 55yrs and health referrals. The project will work across the community to develop and deliver the sport and physical activity opportunities that are appropriate to the groups. This part of the scheme will hopefully be a stepping stone for older people to engage in more vigorous activities within the Sporting Activity Programme.
The project will also develop an Exercise Referral Scheme for the district and will target via GPs and Practice Nurses adults who are at risk of coronary heart disease and people who are obese. This external investment will provide funding for the new post of Exercise Referral Manager (3-year fixed term full-time post) who will be employed by Lancaster City Council and link to the Sport & Physical Activity Officers who will also support this scheme. Lancaster City Council will enter into a Service Level Agreement with the North Lancashire Primary Care Trust as they wish to commission us to deliver this element of the project.
It is envisaged that this scheme will expend in the future to allow referrals from school nurses linked to childhood obesity and offer cardiac rehabilitation etc. There is also an opportunity to draw down further funding to support this expansion. Page 20
The third project will address anti-social behaviour and juvenile nuisance as this has been highlighted as a priority through the Lancaster Community Safety Partnership and more specifically is set out as a key objective within the Community Safety Strategy.
Lancaster’s Sport & Physical Activity Strategy and the Sport and Physical Activity Partnership has been identified as the key delivery mechanism for supporting this objective. This project has been developed to respond to that challenge.
The project will be to deign and deliver appropriate diversionary activities at times when the juvenile nuisance is at its highest e.g. evening and weekends in the ‘hot spots’. The project will be delivered in partnership with key agencies such as, Police, Youth Offending Teams and GRIP, etc. The project will allow for young people to be specifically referred on to the programme via these agencies. The project will target young people in the age range of 11-19yrs.
This project will provide up to 2 hours of activity per week over a 2-year period in up to 5 locations. The project will create partnerships with such organisations as Youth & Community Services, YMCA, Signposts and Morecambe’s Neighbourhood Management Areas, Marsh Community Centre, Ridge Community Centre, Skerton Community, Ludus Dance, the Dukes, More Music, Regent Park Studios, Morecambe Football Club and a number of secondary schools.
Information and advise on exit routes and further opportunities, will be provided and young people will be supported and encourage to take up regular activities.
The fourth project ‘Hit for Six’ will build upon the strong infrastructure of local cricket, to provide an alternative activity and will particularly target adults and young people who considered themselves to have a limiting disability and adults and young people from black and minority ethnic groups. The sport will also be used to try and engage girls (alternative sports) into community sport. The project will appoint a full-time cricket coach (Employed by Lancashire Cricket Board (LCB) but based with Lancaster City Council) who will work in a school and community setting and work closely with the Lancaster District Cricket Development Forum. Lancaster City Council will enter into a Service Level Agreement with the Lancashire Cricket Board, as they will be delivering this project.
Hit for Six will also seek to increase the number of volunteers volunteering in community settings and the number of coaches delivering cricket across the district of Lancaster. Indeed the long-term sustainability of this piece of work will rely on an increase in volunteer support and improved club structures/coaching opportunities, not just within cricket clubs but opportunities to play cricket at youth clubs, community centres etc
The Dukes Theatre
Much consideration has been given to the continued support of the Dukes Theatre’s transition to a Revised Business Model.
The Dukes is regarded as a theatre of local and regional significance and is supported by the Arts Council England (ACE), Lancashire County Council and Lancaster City Council. The Dukes Theatre is an integral part of the District’s Cultural offer to residents and visitors, through its youth and school work – Dukes Youth Theatre (known as DT3), and its Promenade Productions at Williamson’s Park, etc. Page 21
Subjected to an Arts Council grant cut of £250,000, The Dukes Board, via its Change Project Team, has made significant progress in difficult circumstances to achieve the outcomes of its revised business model. To see that process through to a successful conclusion the Dukes requires the continued support of its key strategic partners (ACE, Lancashire County Council and Lancaster City Council).
A reduction or withdrawal of the City Council’s funding support to the Dukes Theatre would not only jeopardise its revised business model but also threaten its existence. It would likely produce a domino effect in respect of support funding that the other partners (Arts Council England and Lancashire County Council) make, not only to the Dukes, but to the whole arts offer and other arts revenue clients within the Lancaster District.
Consideration of a cultural services – Trust (NPDO)
This year has seen plans to develop an appraisal of the allocation of Cultural Services under a Cultural Trust rejected almost unanimously by Cabinet. The context for undertaking an appraisal of a Cultural Services NPDO/Trust took into account factors such as the Council’s Medium Term Financial Strategy (MTFS), the Comprehensive Spending Review (CSR), the Government’s Agenda of Improved and Innovative Service Delivery Models and the Comprehensive Performance Assessment (CPA).
The decision as to whether Officers should investigate and evaluate a Not for Profit Distributing Organisation (NPDO/Trust) option for the whole of Cultural Services was for Cabinet to determine initially, subject to the budget and planning process. The principle of establishing a Not for Profit Distributing Organisation (NPDO/Trust) for Cultural Services was not adopted. Having rejected the principle of a Cultural Trust for Cultural Services, a future challenge for the Council will be to ensure value for money is being achieved under current arrangements, addressing the Audit Commission’s agenda of continual improvement, and respond to the need to evaluate alternative delivery models.
Williamson Park Company Ltd
Williamson Park continues to attract large numbers of visitors per year and won the Green Flag award in Summer 2007. However, the park continues to present certain difficulties regarding the future management arrangements of the Company.
With Council support, Williamson Park retained its existing company status but with support arrangements formalised through service level agreements.
Festivals & Events
Cultural Services has continued their involvement in delivering in a range of Festival and Events, such as the Lancaster Jazz Festival, the Morecambe Heritage Gala, Glasson Maritime Weekend and the Firework Spectacular, etc. Working in partnership, via the Festivals Innovation Fund (FIF), the Service has supported a number of other festivals, such as;- the Kite Festival, Hurdy Gurdy, Tuti-Frutti, One Planet, and Nice ‘N’ Sleazy, etc.
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Joint meeting between Lancaster City Council and Lancashire County Council re;- the ‘Youth Offer’
As Lancaster City Council’s Portfolio Holder for Cultural Services and Children and Young People, in February 2008, I arranged for Head of Cultural Services and myself to meet with our counterparts in Lancashire County Council (County Councillor Marcus Johnson, and the County’s Head of Youth & Community Services) to discuss the opportunities for more effective work within two-tier authorities, specifically in relation to the “Youth Offer”.
The rationale for the meeting was two fold;-
• The County Council’s decision to reorganise the Youth & Community Services into the Integrated Youth Support Service (IYSS) amalgamated with the Connexions Service. • A view that the former Youth and Community Services within two-tier authority arrangement was not effective and should be more closely aligned with the City Council’s objectives via Cultural Services.
Although there will not be any immediate changes Lancashire County Council responded by suggesting that the appropriate mechanisms to advance such proposals was through the emerging Local Children’s Trust and the Local Area Agreements (LAA).
Diversionary Activities and Partnership working
Recent developments have taken place to encourage a coordinated approach to the provision of diversionary activities and youth work deployment carried out in partnership with the Police, County Council and Cultural services. As a result of this, a forum will be set up to bring together key partners working in youth provision with the aim to help to address anti-social behaviour issues across the district.
Existing partnership arrangements with Lancashire County Council
The partnership arrangements between Lancaster City Council and Lancashire County Council in respect of Swimming Services and Museums Services have continued over 2007/2008. Lancaster City Council manages the swimming services on behalf of the County Council to all the schools within the district, whilst Lancashire County Council manages Museums services on behalf of the City Council. It is proposed that the 2008/2009 Business Plan for Cultural Services should include a review of the partnership arrangements.
CONCLUSION
The development of a Play Strategy and a Sports and Physical Activity Strategy have resulted in the award of more than £500,000 external funding to the District. The Sports and Physical Activity Strategy will lead to further increases in participation via a GP Exercise Referral Scheme, and a Sports & Arts Diversionary Activities Programme. As well as the above contributions, the Service continues to play a key role in raising the profile and reputation of the District in staging a series of music concerts, including; the Arctic Monkeys, Athlete, Reverend & the Makers, the Kooks, and the Fratellis.
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This annual report acknowledges the increasing role and influence that Cultural Services has on the wider social and economic agendas, in terms of health and well- being, regeneration, community engagement, economic impact and civic pride.
Subject to the City Council continuing to demonstrate its commitment and support for Cultural Services then indications are that further partnership opportunities, involving other major strategic stakeholders such as the PCT and the LAA, etc., should see Cultural Services continue to successfully lever in significant additional external funding to the benefit of the whole District.
PERSONNEL – PROGRESS DURING 2007/08
Key highlights for 2007/2008 include;-
• People Strategy and Workforce Development Plan During 2007/08 the Service has produced a People Strategy and Workforce Development Plan which included a review of the HR Strategy. The People Strategy and Workforce Development Plan is an overarching document which brings together these plans together with plans for the delivery of a number of the council’s key priorities which have significant people management or development issues.
• Fair Pay Process The major task for HR during the year has been the continued implementation of the Fair Pay process. Job evaluation briefings and interviews have been completed in all services and the results have been through a rigorous and time-consuming moderation process. The next stage is to develop the new pay and grading structure and to negotiate this with the Trade Unions with a view to implementation in November 2008.
• Sickness Absence The Service has worked hard to provide support to Services in order to reduce sickness absence. The improvement made in previous years has been maintained and it is anticipated that the overall outcome for the year will be an improvement on last year.
• LiP Accreditation Following the achievement last year of IiP recognition for CC(D)S, the whole Council has been assessed in February and we are now awaiting the outcome.
• Customer Care Training A significant Customer Care Training Programme has commenced with front line staff. Eventually this will be delivered to all staff throughout the Council.
• Child Care measures The Service has selected a company to provide child care vouchers for staff. These will be available from April.
CONCLUSION In this area of the brief, full acknowledgement must be given to all those who have been involved and have given their time and commitment to the Fair Pay process. For a large organisation such as the City Council, this process has been extensive and time-consuming and the dedication of both staff and Officers across all Services throughout this continuing process has been highly commendable. * * * * * Page 24 Agenda Item 9
COUNCIL
Leader’s Report 18th June 2008
Report of the Leader of the Council
PURPOSE OF REPORT
To present the Leader’s report to Council.
This report is public.
RECOMMENDATIONS
To receive the report of the Leader of Council.
REPORT
1.0 General Matters of Interest
My report informs Council of some of the items considered at Cabinet on 22nd April, 1st May and 3rd June 2008 and other matters. Details are set out below for Members’ information.
Cabinet - 22nd April 2008:
1.1 Auction Mart Car Park, Lancaster
A report was submitted to Cabinet that informed Members of the proposals received to date for the Auction Mart car park and sought direction on how to proceed with the site.
Following consideration of the report, Cabinet resolved:
(1) That Cabinet notes (a) the expressions of interest received in respect of the Auction Mart Car Park and (b) the parking requirements in the city centre during the construction phase of the proposed Canal Corridor Scheme.
(2) Cabinet recognises that reducing congestion in Lancaster City Centre is a significant priority for the District and requests a further options report when information is available about the possible use of the site as an interceptor car park.
(3) Cabinet resolves to retain the car park in its existing format pending the further options report requested above.
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1.2 Morecambe Football Club
Cabinet considered a report upon the details for the land transactions associated with proposals by Morecambe Football Club (MFC) to redevelop land at Westgate, Morecambe for a new stadium and ancillary facilities.
After considering the report it was agreed:
(1) Cabinet recognises that decisions about the financing of the Club, its location, and all other aspects of the future of the Club are the responsibility of the Club and are in some respects the responsibility of the Club in conjunction with the Christie trustees.
(2) Cabinet does not seek to influence the decisions of the Club or Christie trustees but confirms its decision at Cabinet on 24th July, 2007 and requests detailed information about access to public open space and community facilities as soon as possible.
Cabinet – 1st May 2008:
A Special Meeting of Cabinet was arranged to consider the following:
2.1 Morecambe Football Club
Cabinet considered a report that provided further information in relation to the community benefits arising from the proposals by Morecambe Football Club to redevelop land at Westgate, Morecambe for a new stadium and ancillary facilities.
After considering the report, it was agreed:
(1) That Cabinet notes the intention of the Christie trustees to apply to the High Court and subject to the approval of the High Court to the transactions that are proposed to be entered into by the Christie trustees, and subject also to the confirmation by the National Playing Fields Association of the proposals for the relocation of Westgate Wanderers, Cabinet agrees to recommendations (2), (3) and (4) below.
(2) That approval is given to the Heads of Terms for the land transactions involved in a Development Agreement for the disposal of land at Westgate, Morecambe, to Morecambe Football Club.
(3) That approval is given to the proposed relocation of Westgate Wanderers to King Georges Playing Field, Heysham.
(4) That Officers be authorised to continue discussions with Lancashire County Council/Heysham High School to bring land at Lordsome Road into playing field use to provide further football pitches for use in the community, subject to there being no additional costs to the City Council over and above those identified in the report. Page 26
2.2 Lancaster Urban Archaeology Database
Cabinet considered a report that requested approval to accept an offer of grant aid from English Heritage to engage Oxford Archaeology North to produce an Urban Archaeology Database for Lancaster.
Cabinet agreed to:
(1) That the offer of grant aid from English Heritage is accepted and the Council contracts with Oxford Archaeology North to produce the Lancaster Urban Archaeology Database.
(2) That the General Fund Revenue Budget be updated in 2008/09 to reflect the additional expenditure and financing, subject to there bring a nil impact for the Council overall.
Cabinet – 3rd June 2008:
3.1 Lancashire Local Area Agreement Lead Partners for Targets
At the meeting Cabinet considered a report that sought agreement to a process to endorse the proposed nominated lead partners for delivering the Lancashire Local Area Agreement targets and for further identifying those targets that Lancaster City Council will contribute to.
Cabinet agreed to authorise the Chief Executive, in consultation with the Leader of the Council, to agree a list of lead partners for delivering the individual Lancashire Local Area Agreement targets, and further to that, to determine those targets that Lancaster City Council will contribute to delivering, subject to sufficient resources being available within existing budgets.
3.2 International Youth Games 2008
Cabinet considered a report that sought agreement for Lancaster City Council to host the International Youth Games in the summer of 2009 and to delegate the arrangements to the Head of Democratic Services and the Head of Cultural Services within the allocated budget.
Cabinet agreed to:
(1) That the International Youth Games be held in the Lancaster District in the Summer of 2009 and that the arrangements for the Games be delegated to the Head of Democratic Services and the Head of Cultural Services within the budget allocated.
(2) That an invitation for four civic delegates to attend from Twin Towns and two Civic Delegates from Associate Towns be extended on behalf of the City Council.
3.3 Morecambe Winter Gardens
At the meeting Cabinet considered a report that requested Cabinet to note progress on the Winter Gardens project development and the invitation made by the NWDA to the Winter Gardens Preservation Trust to apply for a £300,000 grant, and, on approval Page 27
of the grant application, for Cabinet to agree to contract with the Trust as Accountable Body for NWDA funds and update the Capital Programme.
It was agreed:
(1) That Cabinet notes the progress to date on the development of the Winter Gardens project.
(2) That Cabinet agrees to be the Accountable Body for £300,000 NWDA funding on approval of the Winter Gardens Project Application under local and NWDA appraisal protocols.
(3) That the Head of Finance is authorised to update the General Fund Capital Programme by £300,000 expenditure and grant income during 2008/09 following approval of the Winter Gardens Project Application.
3.4 Comprehensive Performance Assessment 2007
Cabinet considered the recommendations from the recent Comprehensive Performance Assessment (CPA) inspection and agree any actions as appropriate.
Following consideration of the report it was agreed to note the actions already taken in respect of the CPA recommendations and approve the action plan, submitted as an Appendix to the report, to deliver further improvements.
3.5 Lancashire Improvement and Efficiency Partnership
At the meeting Cabinet was informed of the creation of the Lancashire Improvement and Efficiency Partnership - Team Lancashire, and sought endorsement for the City Council to participate fully within the Partnership and to agree nominations to attend the launch event and, secondly, to agree proposals for Officers to develop a three year Improvement and Efficiency Strategy for the City Council.
It was agreed:
(1) That Cabinet note the changes being made in developing a national improvement and efficiency framework.
(2) That Cabinet endorse the Council’s participation in the Lancashire Improvement and Efficiency Partnership – Team Lancashire.
(3) That Councillors Eileen Blamire and Roger Mace be nominated to attend the launch event of Team Lancashire on 10th July 2008.
(4) That Officers develop a three year Improvement and Efficiency Strategy for the Council.
(5) That the Budget and Performance Panel be invited to send representatives to the North West Partnership road show in Preston on 11th July 2008.
3.6 Community Cohesion
A report was considered that requested Cabinet to consider how to take forward community cohesion within Lancaster District in the context of the Area Based Grant.
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Following consideration of the report it was agreed:
(1) That the Community Cohesion element of the Area Based Grant (ABG) be used to support the establishment of a new post of a Community Cohesion Officer, initially for a period of 3 years, and to commission community cohesion activities as set out in the report.
(2) That a detailed implementation report be produced in consultation with the LSP thematic group and forwarded for consideration by Cabinet once an officer has been appointed.
(3) That the Revenue Budget be updated accordingly.
4.1 Other Matters
Since drawing up my annual report which was presented at the April Council meeting, work on implementing the new structure for the Lancaster District Local Strategic Partnership [LDLSP] has been proceeding. The City Council has appointed two Cabinet members to each of the seven newly created LDLSP Thematic Groups and the Thematic Groups have either just had or are about to have their initial meetings.
The Thematic Groups have each been allocated one or more of the twenty priorities of the Sustainable Community Strategy and will be focussed in the coming months on the actions needed to deliver these priorities.
Work is also proceeding on developing a communication and community engagement framework by and for the LDLSP, which describes its approach and actions towards engaging the community in its work. This is closely linked to the City Council’s own priority outcomes in the Corporate Plan for 2008-9, namely [priority outcome 16] to work to maintain a cohesive community where respect for all is valued and celebrated and [priority outcome 17] local communities have more influence and involvement in the way services are delivered. What the City Council will do in relation to its priority outcome 18 summarises much of the Council’s Corporate Plan for 2008-9. We will indeed be working with members of the LDLSP on joint initiatives to implement the Sustainable Community Strategy.
BACKGROUND PAPERS
Cabinet minutes. Corporate Plan 2008-9 LDLSP Constitution
Page 29 Agenda Item 11
Council
Morecambe Town Council Petition 18th June 2008
Report of Chief Executive
PURPOSE OF REPORT
To consider a request by the Department for Communities and Local Government (DCLG) to transfer the Morecambe Town Council Petition case to Lancaster City Council in accordance with the Local Government and Public Involvement in Health Act 2007.
This report is public
RECOMMENDATION
Members are asked to consider whether they wish to agree to the transfer of the Morecambe Town Council petition from the Department for Communities and Local Government.
1.0 Introduction
1.1 On the 18th April 2007, the Council resolved to support the petition received to create a Town Council for Morecambe based on the boundaries of the existing City Council wards of Poulton, Bare, Torrisholme, Westgate, Harbour and Heysham North, excluding the existing parished areas of Torrisholme and Westgate in accordance with the Local Government and Rating Act 1997.
1.2 The Council subsequently submitted the petition and its comments at that stage to the Secretary of State for consideration.
1.3 In addition, on the 18th July 2007, the Council considered the proposed electoral arrangements for the proposed Town Council and gave approval to go out to consultation on the proposals and authorising the Chief Executive, in consultation with the Group Leaders, to submit the electoral arrangements to the Electoral Commission taking into account the comments received during that consultation exercise.
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1.4 The final proposals submitted to the Electoral Commission on 30th August 2007 were as follows:
Town Council Ward Current 5 year Proposed number Number of City Electorate Electorate of Town Ward Ward Councillors Forecast Councillors Torrisholme Parish Ward 5220 5220 5 3 Bare Parish Ward 3355 3393 3 2 Poulton Parish Ward 5280 5411 5 3 Harbour Parish Ward 4624 4890 5 3 Westgate Parish Ward 4224 4241 5 3 Heysham North Parish Ward 3698 3854 3 2 Total 26,401 27,009 26 16
2.0 Proposal Details
2.1 With effect from April 2008 the power to take decisions about matters such as the creation of parishes and their electoral arrangements was devolved from the Secretary of State and the Electoral Commission under the Local Government and Rating Act 1997 to local authorities under Chapter 3 of the Local Government and Public Involvement in Health Act 2007.
2.2 When the new legislation came into effect there were a number of cases under the Local Government and Rating Act 1997 upon which the Secretary of State had not yet made a decision. The Council have been advised that one of those outstanding cases was the petition for Morecambe Town Council.
2.3 Transitional arrangements have been put in place to deal with petition cases whereby the local authority will be asked to determine whether they would be willing to take over the case and take decisions about the implementation of petitions.
3.0 Details of Consultation
3.1 It is for the City Council to decide whether they wish to accept the invitation from the DCLG to make the decision on the Morecambe Town Council petition.
4.0 Options and Options Analysis
4.1 Option 1 – to agree to take the case from the DCLG and make the decision on the Morecambe Town Council petition.
If the Council does agree to the request and takes on the case it is anticipated that the Council will be required to undertake the following steps, although confirmation of the exact procedure under the transitional arrangements has not yet been received:
• Consider the Petition and consultation responses at a full Council meeting and determine whether or not an Order should be made to create a new Parish and the electoral arrangements • Make the necessary Orders • Set up interim shadow arrangements including developing a budget and agreeing a funding mechanism or setting a precept on behalf of the new Town Council under new legislation • Arrange elections to the new Town Council
Page 31
With this option the Council would have some control over the timing of the process and may therefore be better prepared in some respects for when elections may be held. A further detailed report will be submitted to a future meeting of the Council on receipt of instructions from the DCLG should this option be pursued. There are risks and uncertainties, however, attached to not having the full guidance as yet. Furthermore, Members may be aware that a review of parish or town council funding was to be completed, in light of other neighbourhood management developments, prior to the Town Council being formally established. If the Council agrees to take on the case and make the decision whether or not to create Town Council, this may be undertaken sooner than if it stayed with the DCLG. This may mean that it would not be possible to complete the funding review prior to any decision being taken, and alternatives would need to be considered regarding the implications for funding and council tax setting / special expenses. These would be appraised in the subsequent report to Council, in light of DCLG guidance.
4.2 Option 2 – to decline the invitation to make the decision on the Morecambe Town Council petition.
If the Council does not agree to undertake the decision making role, then the Secretary of State will proceed and will take the decision relating to the petition. There is no known timescale as to how long the Council would have to wait for a decision from the Secretary of State and there is an element of risk that it may be unduly delayed. Whilst it is felt more likely that timecales for a decision would be longer under Option 2 than Option 1, this is not guaranteed.
4.3 General Considerations regarding Timescales, for either option:
In order for the elections to take place in May 2009, the Order must be made by the Secretary of State and the Electoral Order made by the Electoral Commission before the start of the electoral process on 30th March 2009. Although the previous legislation required the Electoral Commission to make the Electoral Order it is understood that the transitional arrangements include a requirement for the Local Authority to take on this role, although this has not as yet been confirmed.
Technically therefore provided the Orders are made by 29th March 2009 the elections for a new Morecambe Town Council could proceed. However this would provide only a very short time for a shadow council to be in place and would not enable the City Council to precept on behalf of the new Town Council. In order for this to be done it is envisaged that a decision would be required no later than November 2008 and effectively this would mean also that the Town Council’s precept or budget amount for 2009/10 would also need determining at this date.
This sort of deadline would mean that the parish funding review, as referred to above, could not be completed in time, meaning that other alternatives would need to be explored and implemented regarding special expenses. These may not be perceived as being as fair and equitable as desired, and this risk should be recognised (e.g. one option is simply not to declare any special expenses, meaning that Council Tax in the remaining non-parished areas would be lower than in most, if not all, parishes.)
If the elections are not held in May 2009, the elections may have to wait until May 2011. Current legislation requires that Parish Council elections can only be held on the same day as other local elections in the relevant area, which would mean that there would be no opportunity to hold them in 2010, although with all the changes in the pipeline regarding elections this may be subject to change. Page 32
4.4 Risk assessment
Option Advantages Disadvantages Risks The Council As soon as the The element of Any external agrees to take the paperwork has been independence in the stakeholders decision on the returned to the City making of the decision comments/criticisms Morecambe Town Council a report can be will be lost will be directed to the Council petition prepared and Council City Council who will can consider the issues need to be able to and make a decision on resolve the issues whether or not there including the setting up should be a Town of a shadow Council Council for Morecambe and setting a precept. The Council will have Additional officer time Whilst resources are control over the timing will be required to available to undertake of the decision and the prepare a complex this work there would making of the orders. report to Council and if be a knock on effect on the decision is taken to other work in the proceed, all the Services concerned necessary Orders will and Council may wish need to be prepared to consider the timing in and made by the City relation to other Council. priorities Timescales are more Perceived unfairness in likely to mean that the changes to special parish council funding expenses review will not be arrangements. completed in time to influence alternative arrangements for special expenses. The Secretary of More likely to allow There will be no control It is possible that there State takes the completion of parish of the timing of the will be a further delay decision on the funding review, with decision and the which could affect the Morecambe Town outcome feeding into making of the orders elections and start date Council petition council tax setting for a new Morecambe process, prior to Town Council Morecambe Town Council precepting (but not guaranteed) Some of the work will be undertaken by the Secretary of State rather than the Council. The report to Council will focus on implementation rather than the making of the decision and will therefore be less complex. It is still expected that the Electoral Order will be passed to the City Page 33
Council to make under the transitional arrangements as well as the final Order setting up the Town Council and the Warding arrangements.
5.0 Conclusion
5.1 The Council must decide on what course of action it intends to follow and must then notify the Department for Communities and Local Government accordingly.
CONCLUSION OF IMPACT ASSESSMENT (including Diversity, Human Rights, Community Safety, Sustainability and Rural Proofing)
The proposal for a parish for Morecambe is in accordance with Council’s policy which highlights its strong commitment to Town and Parish Councils as a means of addressing the UK democratic deficit and affording local people a greater say on how their localities are shaped.
FINANCIAL IMPLICATIONS
The financial implications of the creation of any new Parish or Town Council cannot be ascertained in any detail at this time. The making of the Orders and support to a shadow Town Council would have resource implications in Democratic, Legal and Financial Services and whilst the costs can be contained within existing budgets, it would affect progress with other pieces of work contained within the respective Business Plans.
Also Council will be aware that any changes to the parish make-up of the district would have major implications for the current operation of Special Expenses. The Council has already made a commitment to establish new financial arrangements with parishes in due course, and these would apply to any new Town Council also. The report highlights, however, that this parish funding review is unlikely to be completed in time, assuming the City Council takes over the case and a positive decision is taken regarding the Town Council’s formation.
Alternative arrangements would need to be considered in detail regarding special expenses, but two potential options are outlined below as information:
- Special expenses could simply be withdrawn. This would mean that a basic council tax rate would apply to all areas of the district. Residents in parished areas would pay an additional amount, however, should their Parish or Town Council precept (and only one parish does not currently do so). For Morecambe Town Council, it is anticipated that any precept is likely to be relatively small in the first year, as the Council will still be establishing which powers it wishes to utilise, and which services it wishes to provide.
- Alternatively the City Council could consider grant funding the Town Council for the first year and include in its budget for 2009/10 a growth item for this purpose.
Consideration will also need to be given to the cost of future elections. Consideration has been given in the past to charging for Parish Council elections but at the present time only by-elections are charged to the parishes. Whilst the cost of any election in May 2009 will be shared as things stand with the County Council, or subject to the government’s decision also Page 34
with the European Parliamentary funding, if the elections were to be delayed to 2011, the whole cost would fall on the City Council. Using the costs of the 2007 District elections as a guide, this is likely to be in the region of £23,000.
Such estimated costs and financial implications will be included in any future reports regarding Morecambe Town Council, and for consideration as part of the budget process for 2009/10.
SECTION 151 OFFICER’S COMMENTS
The s151 officer has been consulted and has no further comments to add.
LEGAL IMPLICATIONS
With effect from April 2008 the power to take decisions about matters such as the creation of parishes and their electoral arrangements was devolved from the Secretary of State and the Electoral Commission under the Local Government and Rating Act 1997 to local authorities under Chapter 3 of the Local Government and Public Involvement in Health Act 2007. This report seeks to determine the next course of action under the transitional arrangements put in place by the Secretary of State.
MONITORING OFFICER’S COMMENTS
The Monitoring Officer has been consulted and has no further comments.
BACKGROUND PAPERS Contact Officer: Gillian Noall Telephone: 01524 582060 Letter from DCLG dated 22nd May 2008 E-mail: [email protected] Ref:
Page 35 Agenda Item 12
CABINET 10.00 A.M. 22ND APRIL 2008
PRESENT:- Councillors Roger Mace (Chairman), Evelyn Archer, Jon Barry, Eileen Blamire, Abbott Bryning, John Gilbert, Tony Johnson, David Kerr and Maia Whitelegg
Apologies for Absence:-
Councillor June Ashworth
Officers in attendance:-
Mark Cullinan Chief Executive Peter Loker Corporate Director (Community Services) (part) Heather McManus Corporate Director (Regeneration) Graham Cox Head of Property Services Nadine Muschamp Head of Financial Services and Section 151 Officer Stephen Metcalfe Principal Democratic Support Officer
138 CHAIRMAN'S REMARKS
At the commencement of the meeting the Chairman welcomed representatives of St. Bernadette’s Catholic Primary School Council.
He also welcomed the newly appointed Corporate Director (Regeneration), Heather McManus to her first meeting of Cabinet.
139 MINUTES
The Minutes of the meeting held on Tuesday, 18th March, 2008 were approved as a correct record.
140 ITEMS OF URGENT BUSINESS AUTHORISED BY THE LEADER
The Chairman advised that there were no items of Urgent Business.
141 DECLARATIONS OF INTEREST
Councillor Evelyn Archer declared a prejudicial interest as a member of the Poulton Neighbourhood Management Board and Councillor David Kerr declared a personal interest, as an observer at the West End Partnership and also being a member of the Poulton Residents' Association, with regard to Area Based Grant Allocations 2008/09 (Minute 144 refers). Councillor Roger Mace declared a personal interest with regard to the Auction Mart Car Park in his capacity as Deputy Chairman of the Vision Board (Minute 143 refers). Page 36 CABINET 22ND APRIL 2008
142 PUBLIC SPEAKING
Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.
143 AUCTION MART CAR PARK, THURNHAM STREET, LANCASTER
(Cabinet Member with Special Responsibility Councillor Evelyn Archer)
(It was noted that Councillor Roger Mace had previously declared a personal interest in this item).
The Head of Property Services submitted a report that informed Members of the proposals received to date for the Auction Mart car park and sought direction on how to proceed with the site.
The options, options analysis, including risk assessment, were set out in the report as follows:
The schemes were outlined as follows:
• Option 1 – 91 space public car park and 25 space private car park along with 80 one and two bedroomed retirement apartments over 4 floors with 1st floor amenity space. Alternatively, they proposed ground floor retail unit with 1st and 2nd floor office / leisure space with 131 public car parking spaces. Proposed access from the north western end of the site.
• Option 2 – Ground floor 1286m² food retail with 40 dedicated spaces and 225 public car parking spaces provided in a 3 floor multi storey car park above. Proposed access to the car park to be at the north western end of the site and access to the food supermarket at the southern end of the site. The developer had identified and been in discussions with an operator for the food supermarket. The developer has offered 3 separate financial options for the site including (a) the City Council disposing of the freehold in the site; (b) the City Council retains freehold but is responsible for the construction and related costs of the scheme, paying the developer one years income as a fee, but the City Council would gain the supermarket and the car park as an investment; (c) The City Council grant the developer a long lease of the car park but continue to manage the car park, providing the developer with 55.5% of the income from the enlarged car park and the City Council continues to receive a proportion of the income equating to 44.5% of the car park income.
• Option 3 – 6327m² of health centre and related accommodation over 6 storeys in a V shaped building with a central pedestrian plaza, with 212 car parking spaces on 3 decks below the building with a yet undefined number of spaces required for the medical centre. The proposed access to the development will be from the north western end of the site.
• Option 4 – As an alternative version of option 3, the City Council could work with the North Lancashire Teaching Primary Care Trust to identify a developer who Page 37 CABINET 22ND APRIL 2008
could provide a health facility and car park which would meet the needs of both the PCT and potential occupiers and the City Council.
• Option 5 - The Vision Board and the County Council, as previously mentioned, have jointly commissioned a report with transport consultants Faber Maunsell. The final report is due in April, but the initial feedback outlined sees the need for a southern interceptor car park which could require up to 750 – 800 spaces without causing increased queuing on the gyratory system.
• Option 6 – Retain the car park in its existing format but re-surface it to provide necessary improvements for customers.
Consultation had taken place with a number of interested parties including the Vision Board, Property Services parking section and Planning Services on the concept and on individual schemes.
Pros Cons Option 1 Developer has good track The retirement scheme provides less record working with Local public car parking spaces than on the Authorities and on difficult current car park, although the office sites. leisure use would provide a marginal Improved car park access increase. would be provided. The developer has not shown market The Council would retain its demand for their scheme. income stream from parking No formal consultation on the scheme fees. with Planning Services.
Option 2 The scheme would be No formal consultation on the scheme developed to provide 225 with Planning Services. public car park spaces. A range of financial proposals have Improved car park access been made which involve either would be provided for the obtaining a capital receipt but losing public car park. all future income; the Council paying Developer has identified an for the construction of the car park end user for the retail unit. and losing a year’s income, but Developer has a good track retaining all future income; or retaining record. a percentage of future income equivalent to the current income. Option 3 The scheme would produce The massing of the building may need in the region of 200 public to be addressed in planning terms and car parking spaces with they are in discussions with Planning increased fee income for the Officers about this matter. Council. Developer has shown market demand for the use and has been in discussion with both the Primary Care Trust and possible occupiers. Developer highlights the good public transport and Page 38 CABINET 22ND APRIL 2008
cycle links to the site to promote a healthier lifestyle.
Option 4 Details as per option 3 with Details as per option 3 with potential the opportunity to include for increased parking spaces from competition between competition between developers. developers to drive down Developer still to be identified so no costs. consultation with Planning Services.
Option 5 Large interceptor multi A park and ride facility has also been storey car park proposed at identified as a possible solution to the southern end of the City reducing the number of vehicles to take cars out of the entering the City centre. If such a gyratory system. facility was to be provided, this Potential for increased fee interceptor car park proposal may be income to the Council from inappropriate. this site (see also “Cons” box The timing of this scheme is crucial, adjoining). either taking place pre 2010 or after 2012 so as not to cause too many spaces to be lost to visitors and shoppers when the Canal Corridor scheme takes place. The financial cost of providing a multi storey car park is high and funding sources would need to be identified (e.g. prudential borrowing). The City Council would find it difficult to sell off other car parks to fund any building of a multi storey car park and still provide adequate car parking spaces to meet the demand that exists. This proposal is very much in its infancy compared to all other options put forward.
Option 6 Simplest option with income It is likely that there would be less potential retained although capacity when formal spaces are potentially in reduced marked out and, therefore, income amounts. would reduce. A capital cost of approximately £175,000 would be required. Any development opportunity for the site is likely to be lost.
At this stage, assessment of the financial options put forward in the various options was not possible without entering into detailed discussions with the various parties involved. In particular the proposal from the Vision Board had no detail attached to it to understand the viability of the option.
In terms of option 4, if the City Council were to work with the Primary Care Trust (PCT) to provide a medical centre, then a marketing exercise would be initiated to identify a Page 39 CABINET 22ND APRIL 2008 suitable developer. This would create and enhance the working relationship between the City Council and external agencies such as the PCT potentially provide a scheme, which would be beneficial and produce best value for both parties.
The preferred officer option was for Members to consider the proposals outlined in the report and indicate their preferred option(s) for the site in order that further negotiations could be undertaken with parties interested in this site.
It was moved by Councillor Roger Mace and seconded by Councillor Evelyn Archer: -
“(1) That Cabinet notes (a) the expressions of interest received in respect of the Auction Mart Car Park and (b) the parking requirements in the city centre during the construction phase of the proposed Canal Corridor Scheme.
(2) Cabinet recognises that reducing congestion in Lancaster City Centre is a significant priority for the District and requests a further options report when information is available about the possible use of the site as an interceptor car park.
(3) Cabinet resolves to retain the car park in its existing format pending the further options report requested above.”
By way of amendment it was moved by Councillor Jon Barry and seconded by Councillor Maia Whitelegg: -
“That the following wording be added to resolution (2): and this could include use of part of the site for one of the options considered or for another use such as affordable housing.”
3 Members (Councillors Jon Barry, John Gilbert and Maia Whitelegg) voted in favour of the amendment and 6 Members (Councillors Evelyn Archer, Eileen Blamire, Abbott Bryning, Tony Johnson, David Kerr and Roger Mace) voted against, whereupon the Chariman declared the amendment lost.
Members then voted as follows on the original proposition.
Resolved:
(7 Members voted in favour (Councillors Evelyn Archer, Eileen Blamire, Abbott Bryning, John Gilbert, Tony Johnson, David Kerr and Roger Mace) and 2 Members (Councillors Jon Barry and Maia Whitelegg) abstained from voting):
(1) That Cabinet notes (a) the expressions of interest received in respect of the Auction Mart Car Park and (b) the parking requirements in the city centre during the construction phase of the proposed Canal Corridor Scheme.
(2) Cabinet recognises that reducing congestion in Lancaster City Centre is a significant priority for the District and requests a further options report when information is available about the possible use of the site as an interceptor car park.
(3) Cabinet resolves to retain the car park in its existing format pending the further options report requested above. Page 40 CABINET 22ND APRIL 2008
Officers responsible for effecting the decision:
Corporate Director (Regeneration). Head of Property Services.
Reason for making the decision:
The decision ensures that the options, as set out in the report, are left open for further consideration, pending further information regarding the interceptor car park. It also enables Cabinet to consider this matter further once the results of the Faber Maunsell report are published and Lancashire County Council, the Vision Board and the City Council have considered the report.
144 AREA BASED GRANT ALLOCATIONS 2008/09
(Cabinet Member with Special Responsibility Councillor Roger Mace)
(Councillor Evelyn Archer declared a prejudicial interest in the following item due to her being a member of the Poulton Neighbourhood Management Board and left the meeting. It was noted that Councillor David Kerr had previously declared a personal interest in this item).
The Corporate Director (Community Services) submitted a report that sought approval for the allocation of the City Council’s Area Based Grant (ABG) for 2008/09, in particular to provide continuing support for Neighbourhood Management commitments in Poulton and the West End of Morecambe.
The options, options analysis, including risk assessment, were set out in the report as follows:
Option 1: Use the ABG allocation to continue to fund Neighbourhood Management in Poulton and the West End as outlined in Appendix B.
Option 2: Allocate the ABG for other purposes, and develop an exit strategy for the existing Neighbourhood Management Project. Realistically, existing commitments could equate to the amount of ABG, but a full analysis would be needed to determine this.
Option 3: To top slice the ABG sufficient to pay any redundancy costs at the end of the Poulton Neighbourhood Management project, to use the ABG to fund existing commitments to Poulton and West End Neighbourhood Management, and to identify the opportunities to use uncommitted ABG to develop options for Neighbourhood Management across the District.
The key risks and opportunities of not using the ABG for continuation of Neighbourhood Management are :
• Limited savings potential in 2008/09, as funds are already committed. This would mean that there may be little left for allocating to alternative initiatives for that year, although it would give greater choice and flexibility for 2009/10 onwards. Page 41 CABINET 22ND APRIL 2008
• Other works in Poulton and West End would be unfinished, and this could have an adverse impact on the perceived success of the projects to date. There may be reputational risks for the Council in this regard, although this will depend also on the perceived value of the works not completed.
• Work to roll out Neighbourhood Management to other parts of the district would not be finished and lessons learned/best practices may not be maximised.
• There could be an adverse effect on local communities in Poulton and West End which are now showing signs of cohesion (especially in Poulton). Funding (either in 2008/09 or future years) would be freed up, however, giving the opportunity to provide or safeguard other services, in either the same or alternative communities.
The preferred officer option was option 3. This ensured that existing commitments are met with further options for sustaining Neighbourhood Management and for determining the future use of ABG being brought back to Cabinet as part of the further report requested by Cabinet on 18th March 2008.
It was moved by Councillor Roger Mace and seconded by Councillor David Kerr: -
“(1) That Cabinet notes that Area Based Grant (ABG) is no longer ring-fenced.
(2) That Cabinet approves the allocations for Winning Back Morecambe’s West End in 2008-09 and subject to the 2009-10 budget and planning process, the allocations for 2009-10, both being set out in Appendix B to the report.”
Upon being put to the vote Members voted unanimously in favour of the proposal.
It was moved by Councillor Roger Mace and seconded by Councillor David Kerr: -
“(3) That for May and June 2008, ABG be used to continue existing arrangements for Neighbourhood Management in Poulton and that a detailed and orderly exit strategy be drawn up and reported to Cabinet based on (a) a full analysis of existing commitments and (b) avoidance of the need for a growth item in the 2009-10 budget to pay any redundancy costs at the end of the Poulton Neighbourhood Management project and that any resulting savings be added to balances.”
By way of amendment it was moved by Councillor Eileen Blamire and seconded by Councillor Abbott Bryning: -
“That the following wording be added to (3): and any resulting savings be used in the West End of Morecambe.”
Upon being put to the vote 3 Members voted in favour (Councillors Eileen Blamire, Abbott Bryning and John Gilbert) and 5 Members voted against (Councillors Jon Barry, Tony Johnson, David Kerr, Roger Mace and Maia Whitelegg), whereupon the Chairman declared the amendment to be lost.
By way of further amendment it was moved by Councillor John Gilbert and seconded by Councillor Eileen Blamire: - Page 42 CABINET 22ND APRIL 2008
“That the words “added to balances” be deleted and the following wording be added to (3): be used to promote further work on Neighbourhood Management in the whole district.”
Upon being put to the vote 4 Members voted in favour (Councillors Jon Barry, Eileen Blamire, Abbott Bryning and John Gilbert), 2 Members voted against (Councillors Tony Johnson and David Kerr) and 2 Members abstained from voting (Councillors Roger Mace and Maia Whitelegg), whereupon the Chairman declared the amendment to be carried. Members then voted unanimously in favour of the substantive motion with regard to (3).
It was moved by Councillor Roger Mace and seconded by Councillor David Kerr: -
“(4) That the General Fund Revenue Budget in 2008/09 be updated accordingly.
(5) That allocation of future years’ provisional allocation be considered further as part of the 2009/10 budget and planning process.”
Upon being put to the vote Members voted unanimously in favour of the proposal.
Resolved unanimously:
(1) That Cabinet notes that Area Based Grant (ABG) is no longer ring-fenced.
(2) That Cabinet approves the allocations for Winning Back Morecambe’s West End in 2008-09 and subject to the 2009-10 budget and planning process, the allocations for 2009-10, both being set out in Appendix B to the report.
(3) That for May and June 2008, ABG be used to continue existing arrangements for Neighbourhood Management in Poulton and that a detailed and orderly exit strategy be drawn up and reported to Cabinet based on (a) a full analysis of existing commitments and (b) avoidance of the need for a growth item in the 2009-10 budget to pay any redundancy costs at the end of the Poulton Neighbourhood Management project and that any resulting savings be be used to promote further work on Neighbourhood Management in the whole district.
(4) That the General Fund Revenue Budget in 2008/09 be updated accordingly.
(5) That allocation of future years’ provisional allocation be considered further as part of the 2009/10 budget and planning process.
Officers responsible for effecting the decision:
Corporate Director (Community Services). Head of Financial Services.
Reason for making the decision:
The decision ensures that existing commitments are met with further options for priority Neighbourhood Management and for determining the allocation of ABG being brought back to Cabinet as part of the budget for 2009/10. Page 43 CABINET 22ND APRIL 2008
The two Neighbourhood Management projects in Poulton and West End have been successful in reducing levels of deprivation. The ABG allocation is the only available source of funding for these projects to continue in 2008/09. If the ABG is not allocated to the Neighbourhood Management projects existing commitments must still be met.
145 URGENT BUSINESS REPORT
(Cabinet Member with Special Responsibility Councillor Roger Mace)
Cabinet considered a report that advised Members of action taken by the Chief Executive, in consultation with the Leader and relevant Cabinet Members.
Members then voted as follows.
Resolved (6 Members (Councillors Eileen Blamire, Abbott Bryning, John Gilbert, Tony Johnson, Roger Mace and Maia Whitelegg) voted in favour and 1 Member abstained from voting (Councillor Evelyn Archer):
That the action taken by the Chief Executive, in consultation with the Leader, the relevant Cabinet Member and the Chairman of the Overview and Scrutiny Committee in accordance with the Scheme of Delegation, in relation to the following matters, be noted:
(1) Traffic Management Act 2004 Penalty Charge Notices – Charging Levels
(a) That the adoption of Band 2 Penalty Charges of the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 as laid down in Statutory Instruments 2007 No 3487 be approved
(b) That a new Off Street Parking Places Order be made to reflect the requirements of the Traffic Management Act 2004 and the amended penalty charge levels with effect from 31st March 2008.
(c) That in order to implement the decision as a matter of urgency it be recommended that the call-in procedure be waived in accordance with Overview & Scrutiny Procedure Rule 17 (a).
(2) 2008 Maritime Festival
That the organisation of the 2008 Maritime Festival go ahead with funding being found from other budgets.
(3) Concessionary Travel
(a) That the City Council notes the national amended concessionary travel scheme which allows free travel between 0930 hours and 2300 hours for people aged 60 and over and people who are disabled and agrees to retain free travel concessions after 2300hrs up to and including the last bus on weekdays on journeys taken within the Lancaster City area.
(b) That a report be brought back to Cabinet during autumn 2008 on the outcome of the review of Community Transport, in order that recommendations Page 44 CABINET 22ND APRIL 2008
regarding the service can be fed into the 2009/10 budget and planning process.
(c) That the City Council enters into pooling arrangements for concessionary transport costs with other local authorities within the county, and that the Chief Executive be given delegated authority to agree the detailed arrangements on behalf of the authority, subject to estimated costs being within the budget framework.
(d) That in order to implement the decision as a matter of urgency it be recommended that the call-in procedure be waived in accordance with Overview and Scrutiny Procedure Rule 17 (a).
Note: Councillors Jon Barry and David Kerr were not in attendance when the vote was taken.
Officers responsible for effecting the decision:
Chief Executive. Head of Democratic Services.
Reason for making the decision:
The decision fulfils the requirements of the City Council’s Constitution in advising Cabinet of urgent decisions taken by the Chief Executive in accordance with the City Council’s Constitution.
146 MORECAMBE FOOTBALL CLUB
(Cabinet Member with Special Responsibility Councillor Evelyn Archer)
The Corporate Director (Finance and Performance) submitted a report that considered the details for the land transactions associated with proposals by Morecambe Football Club (MFC) to redevelop land at Westgate, Morecambe for a new stadium and ancillary facilities. It was noted that Appendix A to the report was exempt from publication by virtue of paragraph 3, of Schedule 12A of the Local Government Act 1972 (as amended).
The options, options analysis, including risk assessment, were set out in the report as follows:
Option 1 – To approve the completion of a Development Agreement. This will enable the disposal of land to take place at Westgate to facilitate the construction of a new stadium for MFC, whilst also providing updated facilities for Westgate Wanderers Football Club (WWFC). The proposals would still be subject to various planning permissions being obtained and whilst this is a risk, it is reflected in the Development Agreement so that if permission is not obtained the Westgate land would remain with the City Council. In addition there remains the need to receive written confirmation of the proposals from the National Playing Field Association. This option does however potentially secure the futures of both Morecambe FC and Westgate Wanderers, and would result in a capital receipt to the Council. Page 45 CABINET 22ND APRIL 2008
Option 2 – do nothing. This would result in MFC remaining in their current facilities at Christie Park and the reduction of benefits to the local community. As in option 1, this would leave the Council with the potential for a future capital receipt, but in the meantime, Westgate Wanderers would be unaffected and the Council’s rental income would remain.
The preferred officer option was option 1 as this would give the opportunity to improve the futures of both Morecambe FC and Westgate Wanderers whilst also providing the Council with a capital receipt.
It was moved by Councillor Roger Mace and seconded by Councillor David Kerr: -
“(1) Cabinet recognises that decisions about the financing of the Club, its location, and all other aspects of the future of the Club are the responsibility of the Club and are in some respects the responsibility of the Club in conjunction with the Christie trustees.
(2) Cabinet does not seek to influence the decisions of the Club or Christie trustees but confirms its decision at Cabinet on 24th July, 2007, including the requirement that an area of public open space be incorporated into the scheme at Westgate.
(3) Cabinet notes the intention of the Christie trustees to apply to the High Court and (a) subject to the approval of the High Court to the transactions that are proposed to be entered into by the Christie trustees, and (b) subject also to the confirmation by the National Playing Fields Association of the proposals for the relocation of Westgate Wanderers, Cabinet agrees to recommendations (4), (5) and (6) below.
(4) As Officer recommendation (1) on the supplementary agenda, as follows:
That approval is given to the Heads of Terms for the land transactions involved in a Development Agreement for the disposal of land at Westgate, Morecambe, to Morecambe Football Club.
(5) That approval is given to the proposed relocation of Westgate Wanderers to King Georges Playing Field, Heysham.
(6) As Officer recommendation (3) on the supplementary agenda, as follows:
That Officers be authorised to continue discussions with Lancashire County Council/Heysham High School to bring land at Lordsome Road into playing field use to provide further football pitches for use in the community, subject to there being no additional costs to the City Council over and above those identified in the report.”
It was moved by Councillor Jon Barry and seconded by Councillor Tony Johnson: -
“That, in accordance with Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the information contained on Appendix A to the report on the ground that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”
Members then voted as follows. Page 46 CABINET 22ND APRIL 2008
Resolved unanimously:
(1) That, in accordance with Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the ground that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.
Members then considered the Heads of Terms set out in Appendix A to the report.
It was moved by Councillor Jon Barry and seconded by Councillor Evelyn Archer: -
“That the meeting stand adjourned.”
Upon being put to the vote Members voted unanimously in favour, whereupon the Chairman declared the proposition to be carried.
(The meeting adjourned at 12.55 p.m. and re-convened at 1.10 p.m.)
Note: At this point members of the public and press were re-admitted to the meeting.
Councillor Roger Mace, with the agreement of his seconder and the meeting, moved the following: -
“That recommendations (1) and (2) of the original proposition be approved, with the wording after “2007” being deleted from (2) and recommendations (3) to (6) of the original proposition be withdrawn and that the following wording be added to (2): and requests detailed information about access to public open space and community facilities as soon as possible.”
Members then voted as follows.
Resolved unanimously:
(1) Cabinet recognises that decisions about the financing of the Club, its location, and all other aspects of the future of the Club are the responsibility of the Club and are in some respects the responsibility of the Club in conjunction with the Christie trustees.
(2) Cabinet does not seek to influence the decisions of the Club or Christie trustees but confirms its decision at Cabinet on 24th July, 2007 and requests detailed information about access to public open space and community facilities as soon as possible.
Note: Councillor John Gilbert was not present when the vote was taken.
Officers responsible for effecting the decision:
Corporate Director (Regeneration). Head of Property Services. Page 47 CABINET 22ND APRIL 2008
Reason for making the decision:
The decision notes the responsibilities of the Club in conjunction with the Christie trustees. Cabinet also confirms its previous decision of 24th July, 2007 and enables Cabinet to consider more detailed information about access to public open space and community facilities as soon as possible.
Chairman
(The meeting ended at 1.15 p.m.)
Any queries regarding these Minutes, please contact Stephen Metcalfe, Democratic Services, telephone 01524 582073 or email [email protected]
MINUTES PUBLISHED ON: THURSDAY, 24th APRIL, 2008.
EFFECTIVE DATE FOR IMPLEMENTING THE DECISIONS CONTAINED IN THESE MINUTES: FRIDAY, 2nd MAY, 2008. Page 48
CABINET 10.00 A.M. 1ST MAY 2008
PRESENT:- Councillors Roger Mace (Chairman), Evelyn Archer, June Ashworth, Eileen Blamire, Abbott Bryning, Tony Johnson, David Kerr and Maia Whitelegg.
Apologies for Absence:-
Councillors Jon Barry and John Gilbert
Officers in attendance:-
Mark Cullinan Chief Executive Heather McManus Corporate Director (Regeneration) Graham Cox Head of Property Services Nadine Muschamp Head of Financial Services and Section 151 Officer Stephen Metcalfe Principal Democratic Support Officer
147 ITEMS OF URGENT BUSINESS AUTHORISED BY THE LEADER
The Chairman advised that there were 2 items of Urgent Business which had been circulated as part of the Supplementary Agenda regarding Lancaster Urban Archaeology Database (Minute 151 refers) and Traffic Management Act 2004 Traffic Penalty Tribunal – Joint Committee Agreement (Minute 152 refers). It was noted that these items would be considered after the item relating to Morecambe Football Club.
148 PUBLIC SPEAKING
Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.
149 DECLARATIONS OF INTEREST
Councillor Roger Mace declared a personal and prejudicial interest with regard to the Lancaster Urban Archaeology Database (Minute 151 refers) in view of a relative working for a Company involved with the item.
Councillors Eileen Blamire and Abbott Bryning declared that they would withdraw from the meeting during consideration of the item relating to Morecambe Football Club (Minute 150 refers) in order not to pre-determine their position with regard to any planning application that may be submitted to the City Council for consideration by the Planning Committee. Page 49 CABINET 1ST MAY 2008
150 MORECAMBE FOOTBALL CLUB
(Cabinet Member with Special Responsibility Councillor Evelyn Archer)
(It was noted that Councillors Eileen Blamire and Abbott Bryning had left the meeting prior to consideration thereof).
(The meeting adjourned at 10.05 a.m. and re-convened at 10.15 a.m.).
The Head of Cultural Services submitted a report that provided further information in relation to the community benefits arising from the proposals by Morecambe Football Club to redevelop land at Westgate, Morecambe for a new stadium and ancillary facilities.
It was noted that Appendices to the report were exempt from publication by virtue of paragraph 3, of Schedule 12A of the Local Government Act 1972 (as amended).
The options, options analysis, including risk assessment, were set out in the report as follows:
Option 1 – To approve the completion of a Development Agreement. This will enable the disposal of land to take place at Westgate to facilitate the construction of a new stadium for MFC, whilst also providing updated facilities for WWFC. The proposals would still be subject to various planning permissions being obtained and whilst this is a risk, it is reflected in the Development Agreement so that if permission is not obtained the Westgate land would remain with the City Council. In addition there remains the need to receive written confirmation of the proposals from the National Playing Field Association. This option does however potentially secure the futures of both Morecambe FC and Westgate Wanderers, and would result in a capital receipt to the Council. The above would incorporate a Community Use Agreement, as set out within the above report.
Option 2 – do nothing. This would result in MFC remaining in their current facilities at Christie Park and the reduction of benefits to the local community. As in option 1, this would leave the Council with the potential for a future capital receipt, but in the meantime, Westgate Wanderers would be unaffected and the Council’s rental income would remain. The potential community benefits would not be achieved.
The preferred officer option was option Option 1 as this would give the opportunity to improve the futures of both Morecambe FC and Westgate Wanderers whilst also providing the Council with a capital receipt.
It was moved by Councillor Roger Mace and seconded by Councillor David Kerr that:-
“(1) Cabinet notes the intention of the Christie trustees to apply to the High Court and subject to the approval of the High Court to the transactions that are proposed to be entered into by the Christie trustees, and subject also to the confirmation by the National Playing Fields Association of the proposals for the relocation of Westgate Wanderers, Cabinet agrees to recommendations (2), (3) and (4) below.
(2) As Officer recommendation (1) on the supplementary agenda, as follows: Page 50 CABINET 1ST MAY 2008
That approval is given to the Heads of Terms for the land transactions involved in a Development Agreement for the disposal of land at Westgate, Morecambe, to Morecambe Football Club.
(3) That approval is given to the proposed relocation of Westgate Wanderers to King Georges Playing Field, Heysham.
(4) As Officer recommendation (3) on the supplementary agenda, as follows:
That Officers be authorised to continue discussions with Lancashire County Council/Heysham High School to bring land at Lordsome Road into playing field use to provide further football pitches for use in the community, subject to there being no additional costs to the City Council over and above those identified in the report.”
Members then voted as follows.
Resolved Unanimously:
(1) That Cabinet notes the intention of the Christie trustees to apply to the High Court and subject to the approval of the High Court to the transactions that are proposed to be entered into by the Christie trustees, and subject also to the confirmation by the National Playing Fields Association of the proposals for the relocation of Westgate Wanderers, Cabinet agrees to recommendations (2), (3) and (4) below.
(2) That approval is given to the Heads of Terms for the land transactions involved in a Development Agreement for the disposal of land at Westgate, Morecambe, to Morecambe Football Club.
(3) That approval is given to the proposed relocation of Westgate Wanderers to King Georges Playing Field, Heysham.
(4) That Officers be authorised to continue discussions with Lancashire County Council/Heysham High School to bring land at Lordsome Road into playing field use to provide further football pitches for use in the community, subject to there being no additional costs to the City Council over and above those identified in the report.
Note: Councillors Eileen Blamire and Abbott Bryning were not present when the vote was taken.
Officers responsible for effecting the decision:
Corporate Director (Regeneration). Head of Property Services.
Reason for making the decision:
The decision notes the responsibilities of the Club in conjunction with the Christie trustees. Cabinet also confirms its previous decision of 24th July, 2007. The decision also gives the opportunity to improve the futures of both Morecambe FC and Westgate Wanderers whilst also providing the Council with a capital receipt and providing benefits and facilities for use by the local community. Page 51 CABINET 1ST MAY 2008
Note: Councillors Eileen Blamire and Abbott Bryning in attendance.
151 ITEM OF URGENT BUSINESS - LANCASTER URBAN ARCHAEOLOGY DATABASE
(Cabinet Member with Special Responsibility Councillor Eileen Blamire)
(It was noted that Councillor Roger Mace had previously declared a personal and prejudicial interest in this item and left the meeting prior to consideration thereof).
It was moved by Councillor Eileen Blamire and seconded by Councillor June Ashworth: -
“That Councillor Abbott Bryning take the Chair for this item of business.”
Upon being put to the vote Members voted unanimously in favour of the proposition.
Councillor Abbott Bryning here took the Chair.
In accordance with Section 100B (4) of the Local Government Act 1972, the Chairman had agreed to the report being considered as an item of urgent business as a decision was required as the selected contractor was ready to start work and failure to confirm the contract soon could mean that the contractor would undertake work elsewhere. No other contractor could carry out the work within a reasonable timescale and failure to carry out the work to English Heritage’s milestones could result in the withdrawal of the offer of grant aid.
The Head of Planning Services submitted a report that requested approval to accept an offer of grant aid from English Heritage to engage Oxford Archaeology North to produce an Urban Archaeology Database for Lancaster.
The options, options analysis, including risk assessment, were set out in the report as follows:
Option 1:
Accept the offer of grant aid from English Heritage and undertake the UAD. This will produce a valuable tool for assessing development proposals in Lancaster at minimal cost to the City Council.
Option 2:
Decline the offer of grant aid from English Heritage and do not undertake the UAD. This would mean that a valuable source of information for assessing development proposals in Lancaster will not be available to the Council. This would result in less informed decision making in one of the most historic cities in the Country and could harm the Council’s reputation with English Heritage.
The preferred officer option was option 1.
It was moved by Councillor Eileen Blamire and seconded by Councillor June Ashworth: -
“(1) That the recommendations, as set out in the report, be approved.” Page 52 CABINET 1ST MAY 2008
By way of amendment it was moved by Councillor Maia Whitelegg, that the following words be included: -
“and that Oxford Archaeology North be asked to investigate 18th century antecedents of the Mitchells Brewery site as a matter of priority given the current intent of Centros and Mitchells to demolish it.”
The Chairman advised that there was no seconder to the amendment and, therefore, it was declared to have fallen.
Members then voted upon the original proposition as follows.
Resolved Unanimously:
(1) That the offer of grant aid from English Heritage is accepted and the Council contracts with Oxford Archaeology North to produce the Lancaster Urban Archaeology Database.
(2) That the General Fund Revenue Budget be updated in 2008/09 to reflect the additional expenditure and financing, subject to there bring a nil impact for the Council overall.
Note: Councillor Roger Mace was not in attendance when the vote was taken.
Officers responsible for effecting the decision:
Corporate Director (Regeneration). Head of Planning Services. Head of Financial Services.
Reason for making the decision:
The decision to accept the funding will produce a valuable tool for assessing development proposals in Lancaster at minimal cost to the City Council.
Note: Councillor Roger Mace in the Chair.
152 ITEM OF URGENT BUSINESS - TRAFFIC MANAGEMENT ACT 2004 TRAFFIC PENALTY TRIBUNAL - JOINT COMMITTEE AGREEMENT
(Cabinet Member with Special Responsibility Councillor John Gilbert)
In accordance with Section 100B (4) of the Local Government Act 1972, the Chairman had agreed the report as an item of urgent business as a decision was required by 15th May 2008 in order to have an agreement and service in place within the required timescale.
The Head of Property Services submitted a report that dealt with the requirement to enter into an agreement with the new Traffic Penalty Tribunal Joint Committee (TPTJC) under the new powers associated with the Traffic Management Act 2004. Page 53 CABINET 1ST MAY 2008
The options, options analysis, including risk assessment, were set out in the report as follows:
Option 1 - To sign the new TPTJC agreement, nominate a Member and substitute Member to allow Civil Parking Enforcement to continue under the provisions of the TMA 2004. This option allows the current enforcement process to continue and meets the legal requirements of the CPE process.
Option 2 – Not to sign the TPTJC agreement and cease to operate Civil Parking Enforcement. This option means that CPE would not meet the legal requirements, and the Council could not continue with parking enforcement. If parking enforcement does not continue, there would be increased traffic congestion issues across the district and a substantial loss of income from the Council’s car parks due to the non-payment of parking charges.
The preferred officer option was option 1. This would ensure continuation of the Adjudication Service that allows motorists who wish to appeal to an independent body against the issue of a Penalty Charge Notice the opportunity to do so. This is a fundamental requirement of CPE.
It was moved by Councillor Roger Mace and seconded by Councillor Evelyn Archer: -
“That the recommendations, as set out in the report, be approved and that Councillor John Gilbert be the Cabinet Member Representative on the TPTJC.”
Members then voted as follows.
Resolved Unanimously:
(1) That the Council enters a new agreement with the Traffic Penalty Tribunal Joint Committee (TPTJC), subject to consideration of the legal agreement by the Head of Legal and HR Services.
(2) That Councillor John Gilbert, the Cabinet Member with responsibility for Parking Policy, be the Member Representative on the TPTJC.
Officers responsible for effecting the decision:
Corporate Director (Regeneration). Head of Property Services. Head of Legal and HR Services.
Reason for making the decision:
The decision will ensure continuation of the Adjudication Service that allows motorists who wish to appeal to an independent body against the issue of a Penalty Charge Notice the opportunity to do so. This is a fundamental requirement of CPE. Page 54 CABINET 1ST MAY 2008
153 LANCASTER MARKET
(Cabinet Member with Special Responsibility Councillor Evelyn Archer)
The Corporate Director (Regeneration) submitted a report that advised Members on the current situation at Lancaster Market.
It was moved by Councillor Evelyn Archer and seconded by Councillor Roger Mace: -
“That the recommendations, as set out in the report, be approved.”
By way of amendment it was moved by Councillor Maia Whitelegg and seconded by Councillor June Ashworth and accepted by the mover and seconder of the original proposition as a friendly amendment: -
“and the Council wishes it to be made clear that the operation of the market continues until such time as another report be presented to Cabinet to outline options open to the Council.”
Members then voted as follows.
Resolved Unanimously:
(1) That Cabinet note the current position and receive a further report when details are available subject to compliance with the requirements of the Forward Plan and the Council wishes it to be made clear that the operation of the Market continues until such time as another report be presented to Cabinet to outline options open to the Council.
Officers responsible for effecting the decision:
Corporate Director (Regeneration). Head of Property Services.
Reason for making the decision:
The decision notes the since the meeting in January, the Marketgate Centre has been sold and the new owners have been made fully aware of the Council’s previous resolutions. Since that time they have been working towards providing the information for the Council and talking to alternative potential occupiers of the building. At this stage, they have not completed this work and therefore it is not possible for officers to provide Cabinet with a substantive report within the 3 months that was resolved at the January meeting.
The published Forward Plan has identified that the date for the report to Cabinet on this matter would be 3rd June 2008, although this must be with the proviso that the necessary information has been made available to the Council by the new owners. Page 55 CABINET 1ST MAY 2008
The resolution also enables the City Council to make clear that the operation of the Market continues until such time as another report be presented to Cabinet to outline options open to the Council.
Chairman
(The meeting ended at 10.49 a.m.)
Any queries regarding these Minutes, please contact Stephen Metcalfe, Democratic Services, telephone 01524 582073 or email [email protected]
MINUTES PUBLISHED ON: TUESDAY, 6TH MAY, 2008.
EFFECTIVE DATE FOR IMPLEMENTING THE DECISIONS CONTAINED IN THESE MINUTES: WEDNESDAY, 14TH MAY, 2008.