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(Public Pack)Agenda Document For Date: 25 November 2019 Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected] Dear Sir/Madam Executive Agenda - 3 December 2019 Notice is hereby given that a meeting of the Executive will be held at 6.00 pm on Tuesday, 3 December 2019 at the Town Hall, Penrith. 1 Apologies for Absence 2 Minutes RECOMMENDATION that the public minutes E/49/11/19 to E/62/11/19 of the meeting of the Executive held on 5 November 2019 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated). 3 Declarations of Interest To receive declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered. 4 Questions and Representations from the Public To receive questions and representations from the public under Rules 3 and 4 of the Executive Procedure Rules of the Constitution 5 Questions from Members To receive questions and representations from Members under Rule 5 of the Executive Procedure Rules of the Constitution 6 Motion on Notice - Memorial Plaques - Services Portfolio (Pages 5 - 12) To consider report PP38/19 from the Assistant Director of Commissioning and Technical Services which enable consideration to be given to a Motion on Notice received under Rule 13 of the Council Procedure Rules of the Constitution which was proposed by Councillor Lynch and seconded by Councillor Eyles. The Notice was put to Council on 7 November 2019 and referred to the Executive in accordance with the Constitution. Rose Rouse Chief Executive www.eden.gov.uk RECOMMENDATION that the Notice on Motion referred to at paragraphs 3.1 and 3.2 of this report is not accepted. 7 LGA Communications Peer Review - Leader Portfolio (Pages 13 - 32) To consider report CE18/19 from the Chief Executive which presents the final report from the Local Government Association (LGA) Communications Peer Review to the Executive for endorsement. RECOMMENDATION that the Executive support the findings of the LGA Communications Peer Review. 8 Lazonby Neighbourhood Plan - Communities Portfolio (Pages 33 - 140) To consider report PP37/19 from the Assistant Director of Planning and Economic Development which sets out the next steps which are recommended to be taken with the Lazonby Neighbourhood Development Plan following the referendum. RECOMMENDATIONS that: 1. the Lazonby Neighbourhood Plan (as set out in Appendix A) is made with immediate effect, under section 38A(4) of the Planning and Compulsory Purchase Act 2004; and 2. it be noted that when made, the Lazonby Neighbourhood Plan shall form part of the statutory Development Plan for the Lazonby Parish Neighbourhood Area. 9 Section 106 Payments and Monitoring - Housing and Health Portfolio (Pages 141 - 146) To consider report PP29/19 from the Assistant Director Planning and Economic Development which sets out a process for the collection, monitoring, reporting, and spending of Section 106 finances along with a request to amend Section 106 Agreements. RECOMMENDATIONS that the Executive approves: 1. the inclusion within the terms of all future Section 106 legal agreements a provision to reflect that the Council will impose a fair and reasonable fee on the collection, monitoring and reporting of Section 106 payments. 2. the process for the collection, monitoring, reporting and assignment of S106 agreement finances as outlined within the report. 10 Request to joint fund a Cumbria Strategic Waste Partnership Development Officer - Services Portfolio (Pages 147 - 150) To consider report PP35/19 from the Assistant Director Commissioning and Technical Services which seeks approval to appoint a Partnership Development www.eden.gov.uk 2 Officer for a 3 year period. RECOMMENDATIONS that: 1. the Services Portfolio Holder be authorised to sign the Memorandum of Understanding. 11 Request for Delegated Powers to Determine Applications for Leisure Grant Fund - Communities Portfolio (Pages 151 - 154) To consider report PP36/19 from the Assistant Director Commissioning and Technical Services which requests that the Assistant Director Commissioning and Technical Services be provided with delegated powers in order to determine Leisure Grants to be paid from the Leisure Grant Fund (`the Fund’). RECOMMENDATION that the Assistant Director Commissioning and Technical Services be provided with authorisation to determine Leisure Grants and make necessary amendments to the Terms and Conditions. 12 Any Other Items which the Chairman decides are urgent 13 Date of Next Scheduled Meeting The date of the next scheduled meeting be confirmed as 21 January 2020. Yours faithfully R Rouse Chief Executive Democratic Services Contact: Claire Watters Encs For Attention All members of the Council Chairman – Councillor V Taylor (Liberal Democrat Group) Vice Chairman – Councillor M Robinson (Independent Group) Councillors J Derbyshire, Liberal Democrat Group L Sharp, Labour Group K Greenwood, Independent Group M Tonkin, Independent Group M Rudhall, Liberal Democrat Group Please Note: www.eden.gov.uk 3 1. Access to the internet in the Council Chamber and Committee room is available via the guest wi-fi – no password is required 2. Under the Openness of Local Government Bodies Regulations 2014 this meeting has been advertised as a public meeting (unless stated otherwise) and as such could be filmed or recorded by the media or members of the public www.eden.gov.uk 4 Agenda Item 6 Report No: PP38/19 Eden District Council Executive 3 December 2019 Motion on Notice – Memorial Plaques Portfolio: Services Portfolio Report from: Assistant Director of Commissioning and Technical Services Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 To enable consideration to be given to a Motion on Notice received under Rule 13 of the Council Procedure Rules of the Constitution which was proposed by Councillor Lynch and seconded by Councillor Eyles. The Notice was put to Council on 7 November 2019 and referred to the Executive in accordance with the Constitution. 2 Recommendation It is recommended that the Notice on Motion referred to at paragraphs 3.1 and 3.2 of this report is not accepted. 3 Report Details 3.1 On 7 November 2019 a Motion on Notice was received under Rule 13 of the Council Procedure Rules of the Constitution which was proposed by Councillor Lynch and seconded by Councillor Eyles. The matter was automatically referred to the Executive, in accordance with the Constitution. The Motion is set out in paragraph 3.2 below. 3.2 Motion on Notice `That Eden District Council enters into a consultation exercise with its residents with a view to amending the rules on the size of memorial plaques allowed in Eden District’s cemeteries, that Members be encouraged to publicise this consultation amongst their constituents, and upon completion of this consultation, a report be brought before Council to enable a decision to be made by Members on changing the rules’. 3.3 The Council has adopted guidelines on the size of plots for burials, cremated remains and the size of memorial plaques (see Appendix A). The guidelines are standard practice in this area and allow the Council a measure of control over cemeteries across the District. 3.4 Notwithstanding the guidelines which have been adopted, the Council will always consider any request to depart from those guidelines in any particular case. Any such decision will be made in accordance with standard principles of administrative decision making and discretion in this area will be exercised in a way that is both reasonable and proportionate. Page 5 3.5 In the vast majority of cases, the guidelines are applied without a problem. When there is a request to depart from them in any particular instance, this is considered as set out in paragraph 3.4. 3.6 Any decision taken in accordance with paragraph 3.4 is subject to the usual checks, through the internal complaints procedure, with further recourse to the Local Government Ombudsman and challenge by way of Judicial Review if it is considered appropriate. 3.7 The Motion on Notice arose out of one specific complaint regarding the size of the cremated remains memorials at Penrith cemetery. This complaint was dealt with in the usual way. 3.8 On the basis of the above, the Assistant Director of Commissioning and Technical Services is satisfied that there current guidelines are fit for purpose and that there is no benefit to be achieved from conducting a consultation/review as set out in the Motion of Notice. 3.9 The Assistant Director of Governance is satisfied that decisions taken under the guidelines follow the appropriate process and that there are sufficient safeguards to consider requests for exceptions, as and when they are made. 3.10 On the basis of the above, the recommendation is that the Motion on Notice not be accepted. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Sustainable; Healthy, safe and secure; Connected; and Creative 4.2 This report meets Sustainable corporate priority. 5 Consultation 5.1 Not Applicable. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023 as agreed at Council on 7 November 2019 and its future budget proposals approved annually. 6.1.2 In the event that the Notice of Motion was to be approved, there would be a small impact on resources to conduct the consultation/review exercise that is set out therein. 6.2 Legal 6.2.1 The Council Guidelines set the framework for decision making, although if any request is made to depart from them in any particular circumstances, it is always considered. Page 6 6.2.2 Any decisions taken in relation to these matters will follow the usual principles of administrative law.
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