Public Document Pack
SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk
You are requested to attend a meeting of the Council on Tuesday, 26 March 2013, at 6.30 pm in the District Council Chamber, South Lakeland House, Kendal Note – As previously notified, there will be a presentation for Members in the Georgian Room at 3.30 p.m. on the topic ‘Are Cultural Organisations Beneficial to South Lakeland?’. A light buffet tea will be served at 5.00 p.m. in the Assembly Room for those Members who attend the presentation. For those who wish to attend, Prayers will be said in the District Council Chamber at 6.20 p.m.
Membership
Councillors Caroline Airey David Evans Mary Orr James Airey Clare Feeney-Johnson Bharath Rajan Giles Archibald David Fletcher Vivienne Rees Ben Berry Andrew Gardiner Amanda Rigg Roger Bingham Gill Gardner David Ryder Rob Boden Clive Graham Sue Sanderson Jonathan Brook Brenda Gray Andy Shine John Clough Anne Hall Hilary Stephenson Stephen Coleman Heidi Halliday Jo Stephenson (Chairman) Stan Collins Tom Harvey Ian Stewart Brian Cooper Chris Holland Peter Thornton Nick Cotton John Holmes Graham Vincent Joss Curwen Helen Irving Evelyn Westwood (Vice- Julie Dawson Janette Jenkinson Chairman) Philip Dixon Pru Jupe David Williams Sheila Eccles Sonia Lawson Janet Willis Sylvia Emmott Ian McPherson Mark Wilson Mary Wilson
Friday, 15 March 2013
Debbie Storr, Director of Policy and Resources (Monitoring Officer)
For all enquiries, please contact:- Committee Administrator: Chris Woods Telephone: 01539 793186 e-mail: [email protected] Roll Call : Apologies
AGENDA
Page Nos. PART I
1 MINUTES 1 - 24 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 28 February 2013 (copy attached). 2 PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting. Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic and Electoral Services Manager on 01539 717440.
(1) Questions and Representations
To receive any questions or representations which have been received from members of the public.
(2) Deputations and Petitions
To receive any deputations or petitions which have been received from members of the public. 3 DECLARATIONS OF INTEREST To receive declarations by Members of interests in respect of items on this Agenda.
Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)
Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.
If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 4 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 5 CHAIRMAN'S ANNOUNCEMENTS To receive announcements by the Chairman. 6 SOUTH LAKELAND LOCAL PLAN (FORMERLY LOCAL 25 - 128 DEVELOPMENT FRAMEWORK) To consider how the Land Allocations Local Plan will be taken forward. 7 COUNCIL TAX PREMIUM - POLICY GUIDELINES FOR DETERMINING 129 - 144 LOCAL EXCEPTIONS To approve the guidelines for locally determined exceptions to the Council Tax Premium rules. 8 FUTURE SCR UTINY ARRANGEMENTS 145 - 174 To consider the proposed changes to the Scrutiny arrangements, to take effect from the start of the new municipal year in May 2013. 9 ANNUAL REVIEW OF THE CONSTITUTION 175 - 204 To consider the recommendations from the Constitution Working Group. 10 PAY POLICY STATEMENT 205 - 234 To consider the proposed Pay Policy Statement for South Lakeland District Council. 11 ANNUAL REVIEW OF THE CALL -IN AND URGENCY PROVISIONS 235 - 238 To consider the operation of the call-in and urgency provisions over the course of the last twelve months. 12 MINUTES OF MEETINGS To receive Chairmen’s comments (if any notified) in respect of the minutes of Committee meetings held between 4 February and 5 March 2013. If Members wish to raise questions with regard to any minutes of the Regulatory or Overview and Scrutiny Committee meetings held since the Agenda was issued for the last Council meeting, then notice should be provided in line with Rule 10 of the Council Procedural Rules. 13 EXECUTIVE REPORTS, DECISIONS AND CABINET QUESTION TIME To receive the Executive Report from the Leader and to deal with any questions to the Leader and/or Portfolio Holders on any topic which is within the jurisdiction or influence of the Council, and is relevant to their Portfolio. Any Member who poses a question will be entitled to one supplementary question on the same topic. Members are encouraged to give Portfolio Holders 24 hours’ notice of questions. If no notice is received, then the Portfolio Holder can reserve the right to give a written answer. Where notice of questions has been given, these will be taken first. Where a Member wishes to ask more than one question, please submit questions in order of priority. If more than one Member sends in a question, these will be taken in alphabetical order of Members’ names. The question time will be limited to 30 minutes. a Leader and Promoting South Lakeland P ortfolio 239 - 240 b Deputy Leader and Environment and Sustainability Portfolio 241 - 246 c Economy and Enterprise Portfolio 247 - 248 d Communities and Wellbeing Portfolio 249 - 250 e Housing and Development Portfolio 251 - 252 f Policy, Performance and Resources Portfolio 253 - 254 g Central Services Portfolio 255 - 256 14 URGENT DECISIONS To inform Council of any urgent decisions taken since the last scheduled meeting of Council on 28 February 2013. 15 QUESTIONS To deal with any questions under Rule 10 of the Council’s Procedural Rules, of which due notice has been given and/or the Chairman allows as a matter of urgent business. PART II
Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, specified by way of paragraph number)
There are no items on this Part of the Agenda. 57 Item No.1 28.02.2013 Council
SOUTH LAKELAND DISTRICT COUNCIL
Minutes of the proceedings at a meeting of the Council held in the District Council Chamber, South Lakeland House, Kendal, on Thursday, 28 February 2013, at 6.30 pm.
Present
Councillors
Jo Stephenson (Chairman) Evelyn Westwood (Vice-Chairman)
Caroline Airey David Evans Mary Orr James Airey Clare Feeney-Johnson Bharath Rajan Giles Archibald David Fletcher Vivienne Rees Ben Berry Andrew Gardiner Amanda Rigg Roger Bingham Gill Gardner David Ryder Jonathan Brook Brenda Gray Sue Sanderson John Clough Anne Hall Andy Shine Stephen Coleman Heidi Halliday Ian Stewart Stan Collins Chris Holland Peter Thornton Brian Cooper John Holmes Graham Vincent Nick Cotton Helen Irving Janet Willis Philip Dixon Janette Jenkinson Mark Wilson Sheila Eccles Sonia Lawson Mary Wilson Sylvia Emmott Ian McPherson
Apologies for absence were received from Councillors Rob Boden, Joss Curwen, Julie Dawson, Clive Graham, Tom Harvey, Pru Jupe, Hilary Stephenson and David Williams.
Officers
Inge Booth Senior Democratic Services Officer Lawrence Conway Chief Executive Claire Gould Policy and Partnership Manager Michael Keane Assistant Director Strategic Planning Mark McAdam Communications Manager Shelagh McGregor Assistant Director Resources (Section 151 Officer) Simon McVey Assistant Director Policy and Performance Matthew Neal Solicitor to the Council Peter Notley Chief Accountant Alan Raven Revenues and Benefits Manager Simon Rowley Assistant Director Neighbourhood Services Helen Smith Financial Services Manager Debbie Storr Director of Policy and Resources (Monitoring Officer) David Sykes Director of People and Places
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C/83 MINUTES
RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 18 December 2012.
C/84 PUBLIC PARTICIPATION
RESOLVED – That it be noted that there have been no questions, representations, deputations or petitions received in respect of this meeting.
C/85 DECLARATIONS OF INTEREST
RESOLVED – That it be noted that Councillor Andy Shine declared an interest in Minute C/95 below.
C/86 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS
RESOLVED – That, should discussion be necessary, the item in Part II of the Agenda be dealt with following the exclusion of the press and public.
C/87 CHAIRMAN'S ANNOUNCEMENTS
A list of engagements which had been undertaken by the Chairman since the last meeting had been circulated prior to the commencement of the meeting.
In addition, the Chairman referred to the Environment and Sustainability Portfolio Holder, Councillor Clare Feeney-Johnson, and her recent success in winning the Sustainability Champion of the Year Award at the Local Government Information Units Achievement Awards in London. This had been a tremendous achievement, with strong competition from high profile authorities, and was a great credit to both Councillor Feeney-Johnson, the Authority and the people of South Lakeland in protecting the South Lakeland’s environment.
The Chairman advised Members that Councillor Joss Curwen was now recuperating following his recent illness and wished him well for a speedy recovery.
In closing, the Chairman drew Members’ attention to the presentation due to be made prior to the next meeting of Council on 26 March. He urged Members to attend the session which would include presentations by the Council and the key cultural organisations – the Brewery Arts Centre, Lakeland Arts Trust, Grizedale Arts, Lake District Summer Music and the Wordsworth Trust. The session would look at how supporting the arts across the cultural landscape enhanced the reputation of South Lakeland as a renowned centre for the arts and culture, and delivered quality cultural experiences for local residents which contributed significantly to our enjoyment and quality of life.
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C/88 QUARTER 3 2012/13 CORPORATE FINANCIAL MONITORING REPORT
The Policy, Performance and Resources Portfolio Holder presented to Council the third quarterly corporate financial monitoring report for 2012/13 which explained in detail the Council’s revenue and capital budget position at 31 December 2012.
Following the Large Scale Voluntary Transfer to South Lakes Housing, the Housing Revenue Account would continue to operate until approval to close it was received later in the year. There was virtually no activity on the account and, therefore, no separate monitoring was included here.
The current projected revenue outturn, after anticipated carry forward requests and one off items, was £358,000 lower than budget. This had increased since Quarter 2, but remained to reflect a strong position within the context of total service budgets totalling £15.7m.
Councillor David Evans moved that the financial position be noted and was seconded by Councillor Andy Shine who also extended thanks on the Council’s behalf to those officers responsible for Local Taxation Collection rates for improvements in performance while other authorities collection rates were declining.
In response to queries raised with regard to variances, Councillor Evans explained that the request to carry forward £20,000 for the Land Allocations Inquiry related to the fact that the Inquiry was likely to continue into 2013/14. He referred to the underlying variance which was £358,000 less than the budget, but drew attention to the consumer-led, competitive market and to the fact that this meant that no guarantees could be made. With regard to it being anticipated that Resources would result in net year end expenditure of £128,000 lower than budget due, amongst other things, a reduced demand for special, one-off event funding, Councillor Evans envisaged encouraging events such as the Great North Swim and looked forward to the benefits they would bring to the community.
RESOLVED – That the financial position of the Council, at 31 December 2012, be noted, as detailed within the report.
C/89 SOUTH LAKELAND FIVE YEAR STRATEGY 2010-2015 (2012/13 REVIEW) AND THE COUNCIL PLAN 2013-2017
The Council had adopted a Five Year Strategy in 2011 providing the direction that the Council needed to take in order to become a sustainable and achieving council in a climate of significant policy and funding change. The Strategy had been updated and reviewed to provide a progress report, a summary of which was provided in Appendix 1 to the report.
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The Council Plan had also been reviewed and updated. A long term vision, underpinned by four priorities, formed an agenda that would make South Lakeland the best place to live, work and explore. It detailed the key projects that would contribute to achieving those priorities. The Plan was attached at Appendix 2 to the report.
In moving the recommendations contained within the report, the Leader referred to the fact that the Plan built on the vision and work carried out by former Members of the Council, adapted to address a new economic climate. Councillor Clare Feeney-Johnson seconded the proposition.
The importance of seeking alternative funding through partnership working with other bodies and authorities was raised; it was felt that more detail on this aspect should have been included within the Plan, particularly with regard to issues surrounding the forthcoming changes around health and wellbeing. The Communities and Wellbeing Portfolio Holder advised Members that a draft Health and Wellbeing Strategy was currently being developed and highlighted that this was a grey but exciting new area for all. Members on the whole, however, commended the contents of the Council Plan.
Councillor Peter Thornton expressed thanks to the Policy and Partnership Manager and her Team and to the Communications Manager and his Team for their work in producing the Council Plan. He thanked Members for their support for the Plan and accepted the challenge of ensuring that the contents were delivered.
RESOLVED – That approval be given to:-
(1) the South Lakeland Five Year Strategy 2010-2015 (2012/13 Review); and
(2) the Council Plan 2013-2017.
C/90 CHANGES TO COUNCIL TAX DISCOUNTS FROM 1 APRIL 2013
At C/69 (2012/13), Council had resolved to make changes to the Council Tax discounts to be awarded from 1 April 2013 for the purposes of setting the Council Tax Base and pending the issuing of Regulations by the Secretary of State.
The Policy, Performance and Resources Portfolio Holder reported that those Regulations had now been issued and confirmation was now sought to formalise the decisions made previously with reference to the Regulations. He moved the recommendations contained within the report and was seconded by Councillor Sylvia Emmott who drew attention to the protection that the proposals offered to vulnerable people.
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RESOLVED – That
(1) it be confirmed that the following Council Tax discounts will apply to each class of dwelling as prescribed by the Secretary of State under the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003, as amended, from 1 April 2013 in accordance with Section 11A of the Local Government Finance Act 1992, as amended:- (a) a 50% Council Tax discount be awarded to dwellings falling within Class A as described in Regulation 4 of Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003, as amended, other than those properties falling within the statutory exceptions under Regulation 6 of these Regulations; (b) no Council Tax discount be awarded to dwellings falling within Class B as described in Regulation 5 of Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003, as amended, other than those properties falling within the statutory exceptions under Regulation 6 of these Regulations; (c) a 100% Council Tax discount be awarded to dwellings which are vacant for up to six months falling within Class C as described in Regulation 7 of Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003, as amended; (d) no Council Tax discount be awarded to dwellings which are vacant for longer than six months falling within Class C as described in Regulation 7 of Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003, as amended; (e) for the purposes of dwellings falling within Class C in considering whether a dwelling has been vacant for any period, any one period, not exceeding six weeks, during which it was not vacant shall be disregarded; and (f) a 100% Council Tax discount be awarded to dwellings which are vacant and fall within Class D as described in Regulation 8 of Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003, as amended; (2) a further review of Council Tax discounts be undertaken during the financial year 2013/2014 to determine whether changes are required from 1 April 2014 in the light of experience gained and the financial benefits generated for this Council; and (3) it be confirmed that the amount of Council Tax payable on any day a dwelling is a long term empty dwelling which has been unoccupied and substantially unfurnished for a continuous period of more than two years will be subject to an increased percentage of 50% of the set Council Tax from 1 April 2013. This is in accordance with section 11B of the Local Government Finance Act 1992, subject to the exemptions specified by the Secretary of State in Classes E and F of the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003, as amended, and any exemptions determined locally by this Council.
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C/91 BUDGET 2013/14 TO 2016/17
The Policy, Performance and Resources Portfolio Holder presented a report which summarised the Council’s proposed Revenue and Capital Budget for 2013/14 to 2016/17. The Chief Finance Officer’s Statutory Report on setting the 2013/14 Budget Position was attached at Appendix 16. He drew Members’ attention to an Addendum to the report which had been circulated prior to the meeting. Appendix 9 had been updated to accommodate a change in a parish precept and Appendices 3 and 10 had also been updated. An additional recommendation had been added to account for the changes.
Cabinet had recommended a General Fund Budget of £12,601,100 for 2013/14, which included a nil increase in Council Tax. It was reported that a balanced budget had been achieved through the identification of efficiency savings and the one-off use of reserves and Working Balances. Severe pressure remained to identify means of balancing the budget deficit projected from 2014/15 onwards, increasing from £1.1m to £1.8m per annum by 2016/17. It was pointed out that the Revenue and Capital Budget proposals had been considered by the Overview and Scrutiny Committees during the budgeting period and that consultations had also taken place with the public, partners and other stakeholders.
In proposing the recommendations detailed within the report and its addendum, Councillor David Evans highlighted that the proposals would result in no increase in Council Tax.
The proposal was seconded by Councillor Peter Thornton.
Councillor Ben Berry drew attention to the Leader of the Opposition’s report on the Budget. He asked Council to consider this report alongside the Cabinet’s budget proposals before making its final decision on the 2013/14 budget and to consider:-
(a) whether the amendments proposed within Section 4 – relating to capital investment in car parks; housing (Local Authority Mortgage Scheme); South Lakeland News; Enforcement of Dog Control Orders - should be agreed for incorporation into the 2013/14 budget; and
(b) whether the package of initiatives contained in Section 5 – relating to asset review; improved economic development (free WiFi to increase high street business; late night shopping; Christmas free parking; Business Development Forum); environment (water sourced heat pump scheme; biomass boiler) - should be taken forward within the proposed 2013/14 budget.
Councillor Berry moved these amendments, which he felt to be simple, cost- effective suggestions, and was seconded by Councillor James Airey.
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A lengthy discussion ensued. Cabinet Members did not feel able to take on board any of the suggestions which had been raised and were of the opinion that they had not been sufficiently considered or researched.
The amendment was put to the vote and was lost.
The substantive motion was subsequently carried and it was
RESOLVED – That
(1) it be noted that the Cabinet has considered and taken into account comments from appropriate Committees before making its recommendations in respect of the Revenue Budgets and the Capital Programme;
(2) in respect of the Revenue Budgets, approve the proposals of Cabinet that it:-
(a) adopts a Revenue Budget for 2013/14 of £12,601,100, to include:-
(i) the revenue budgets for 2013/14 to 2016/17 as set out in Appendices 3 (updated), 4 and 5 to the report;
(ii) the contributions to and from reserves as set out in Appendix 2 to the report;
(iii) a minimum working balance of £2,000,000 for General Fund services for 2013/14; and
(iv) nil % increase in the Council Tax for District Services;
(b) approves the Fees and Charges Book for 2013/14 (Appendix 7 to the report);
(3) the latest Collection Fund Estimates, Parish Council precepts and Parish Council Taxes for 2013/14 as set out in updated Appendices 9 and 10 and the resulting amendment to Appendix 3 to the report be noted;
(4) the progress to date for the closure of the Housing Revenue Account and the proposals for the Housing Revenue Account balances be noted;
(5) approval be given to the proposals of Cabinet to adopt the Capital Programme as set out in Appendix 11 to the report;
(6) the Chief Finance Officer’s Statutory Report on setting the 2013/14 Budget Position (Appendix 16 to the report) be noted; and
(7) it be noted that the proposals contained within this report have been incorporated into the Prudential Indicators and Treasury Management Framework elsewhere on this agenda.
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C/92 CALCULATING AND SETTING THE 2013/14 COUNCIL TAX
Members’ attention was drawn to the revised report and appendices which had been sent to them prior to the meeting. The revised papers took into account the revision of the precept for Old Hutton and Homescales Parish.
Members were reminded that the Localism Act 2011 had made significant changes to the Local Government Finance Act 1992, and the Council was now required to calculate a Council Tax requirement for the year and not its budget requirement as previously.
In presenting the report, the Policy, Performance and Resources Portfolio Holder proposed that the recommendations contained therein be accepted and this was seconded by Councillor Andy Shine.
RESOLVED – That
(1) it be noted that, on 4 January 2013, under powers delegated under Paragraph 3.1 of Section 3 of Part 3 of the Council’s Constitution, the Assistant Director (Resources)/Section 151 Officer calculated the Council Tax Base for the financial year 2013/14:-
(a) for the whole of the District as 43,672.27 (Item T in the formula in Section 31(B) of the Local Government Finance Act 1992 (The Act), as amended; and
(b) for dwellings in those parts of the District to which a Parish Precept relates as in the attached Appendix C to these minutes;
(2) the Council Tax requirement for the Council’s own purpose for the financial year 2013/14 (excluding parish precepts and special expenses) be calculated at £7,670,161.00;
(3) the following amounts be calculated for the financial year 2013/14 in accordance with Sections 31 to 26 of the Act:-
(a) £59,829,436.08 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils;
(b) £50,821,157.00 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act;
(c) £9,008,279.08 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year (Item R in the formula in Section 31B of the Act);
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(d) £206.27 being the amount at 3(c) above (Item R) all divided by Item T ((1)(a) above) calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including parish precepts and special expenses);
(e) £1,338,118.08 being the aggregate of all special items (parish precepts and special expenses) referred to in Section 34(1) of the Act (as per the attached Appendix C to these minutes);
(f) £175.63 being the amount at (3)(d) above less the result given by dividing the amount at (3)(e) above by Item T ((1)(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its District to which no parish precept relates;
(4) it be noted that the County Council and the Police and Crime Commissioner have issued precepts to the Council in accordance with Section 40 of the Local Government Finance Act 1992 for each category of dwellings in the Council’s district as indicated in Appendix A to these minutes;
(5) the Council, in accordance with Sections 30 and 36 of the Local Government Finance Act 1992, hereby sets the aggregate amounts shown in the tables set out in Appendix A to these minutes as the amounts of Council Tax for 2013/14 for each part of its District and for each of the categories of dwellings; and
(6) it be noted that the Council’s basic amount of Council Tax for 2013/14 is not excessive in accordance with the principles approved under Section 52ZB of the Local Government Finance Act 1992.
C/93 2013/14 TREASURY MANAGEMENT FRAMEWORK AND PRUDENTIAL INDICATORS
The Policy, Performance and Resources Portfolio Holder presented a report advising that the Chartered Institute of Public Financing and Accounting’s code of practice required that the Council set a number of prudential indicators as part of a framework that set out the intended Capital Programme, and the management of that Programme. The Council’s prudential indicators were outlined for 2013/14 to 2015/16 and the expected treasury operations for this period were set out.
The Statement fulfilled four key legislative requirements:-
• The Chartered Institute of Public Finance and Accountancy’s Code of Practice required the Council to set a number of prudential indicators as part of a framework setting out the expected capital activities and managing its capital finances. The key control was an affordable borrowing limit: breach of this strategy limit would be unlawful.
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• The Council’s Minimum Revenue Provision Policy, which set out how the Council would pay for capital assets through revenue each year.
• The Treasury Management Strategy Statement which set out how the Council’s treasury service would support the capital decisions taken above, the day to day treasury management and the limitations on activity through treasury prudential indicators.
• The Investment Strategy which set out the Council’s criteria for choosing investment counterparties and limiting exposure to the risk of loss.
The Policy, Performance and Resources Portfolio Holder referred to current interest rates which were expected to remain low for the foreseeable future. He raised, therefore, the need to lend prudently to organisations which were likely to pay back. He moved the recommendations contained within the report and was seconded by Councillor Andy Shine.
The need to exercise extreme caution was raised and it was suggested that there should be some diversification in investment, as well as re-examination of the Council’s Investment Policy.
RESOLVED – That
(1) the following be approved:-
(a) the Capital Prudential Indicators and Limits for 2013/14 to 2015/16;
(b) the Minimum Revenue Provision (MRP) Policy Statement which sets out the Council’s Policy on MRP;
(c) the Treasury Management Strategy 2013/14 and the Treasury Prudential Indicators including the Authorised Limit Prudential Indicator; and
(d) the investment strategy 2013/14 to 2015/16 contained in the Treasury Management Strategy be approved; and
(2) officers be authorised to make any amendments required as a result of changes made by Council to the final budget proposals.
C/94 WEBCASTING
The Central Services Portfolio Holder presented a recommendation from the Member Development Steering Group in response to a request from Council (C/09(2) (2012/13)) for it to consider the proposed extension to the live web streaming pilot.
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The Steering Group had noted that there was no current budget provision for recording meetings and that the cost of webcasting would need to be found from existing budgets. The Group had been mindful of feedback from other authorities, in particular where it had been shown that viewing figures depended on public interest in the issue under debate. The Group had been of the opinion that, whilst there might be benefits to be derived from webcasting, these were limited and, overall, the costs did not outweigh the benefits of the scheme. In conclusion, the Group had felt that, in the current economic climate, the benefits of webcasting did not justify the costs of furthering the pilot at this time.
Councillor Janet Willis moved the recommendation contained within the report and was seconded by Councillor Gill Gardner.
Reference was made to those members of the public who might not be able, for one reason or another, to attend a meeting in which they were interested, and who would be keen to follow the proceedings via webcasting. It was felt that cheaper methods of recording, although not of high quality, could be used. Councillor Willis, although acknowledging that there were different means of recording, pointed out that poor quality would not reflect well on the Council. She did, however, draw attention to the fact Members were welcome to talk to the Member Development Steering Group on the subject at any time.
RESOLVED – That no further action be taken at the present time regarding introducing webcasting of Council meetings.
C/95 INDEPENDENT REMUNERATION PANEL APPOINTMENTS
Note – Although not “disclosable pecuniary” or “other registrable”, Councillor Andy Shine declared an interest in this item of business by virtue of the fact that he had been a friend of one of the candidates for 25 years, and left the room during the discussion and voting thereon.
The Policy and Resources (Monitoring Officer) sought authority for the appointment of two new members to the Council’s Independent Remuneration Panel.
Note – Details of the candidates who attended for interview for the two positions of members of the Independent Remuneration Panel were provided in Appendix 1 in Part ll of the Agenda which was excluded from inspection by members of the public in accordance with Section 100 (B) of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, and , in all the circumstances of the case, it was considered that the public interest in maintaining the exception outweighed the public interest in disclosing it. Copies of the document were excluded, as it contained information as described in Schedule 12A of the Act as follows:-
- Information relating to any individual. (Paragraph 1)
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Councillor Sylvia Emmott proposed deferral of appointment to the Panel pending further advertisement to attempt to broaden the field of candidates to achieve a balanced Panel in terms of gender, geography and skills mix. Councillor David Ryder seconded the proposal and suggested that, in addition, there should be cross party Member involvement in the appointments process. The desire to ensure that people from the western part of the District were represented was raised and it was suggested that the positions should also be advertised in the North West Evening Mail.
RESOLVED – That the Council defers appointment to the Independent Remuneration Panel pending further advertisement to attempt to broaden the field of candidates to achieve a balanced Panel in terms of gender, geography and skills mix.
C/96 MINUTES OF MEETINGS
RESOLVED – That it be noted that no comments or questions have been received in respect of the minutes of Committee meetings held between 19 November 2012 and 1 February 2013.
C/97 EXECUTIVE REPORTS, DECISIONS AND CABINET QUESTION TIME
The Leader introduced the updates and a summary of meetings attended by Cabinet Members during the period January to February 2013, together with details of current issues.
The Environment and Sustainability Portfolio Holder provided a verbal update to her report. She informed Members that she had recently spent an evening, together with representatives from the emergency services, travelling through Kendal seeking out individuals who were sleeping outside in the cold. Only one such person, who was known to the Council, had been found, and had been given information on how to seek assistance. She hoped to carry out similar exercises in the future, and possibly one in the Lakes area during the tourist season. This was an excellent example of the Council, Fire, Paramedics and Police services working together in partnership. She also referred to the current Community Switch scheme and advised that the closing date for registration had been now been moved to 8 April 2013. She pointed out that there had been a huge amount of interest in this round, which could result in an excellent deal, and drew attention to the need to make sure that the message to register was delivered to the wider community, in particular to vulnerable residents.
The Leader expressed good wishes to Councillor Joss Curwen to whom he had recently spoken. He also referred to the New Homes Bonus and announced that each Member of the Council would, during 2013/14, have access to £1,000 from the fund which they could use for purposes within their wards which related to a priority within the Council’s Plan. A briefing paper on the topic would be sent out to all Members in due course.
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The following written questions, receive in accordance with Minute C/056 (2006/07) were then put:-
From Councillor Ben Berry to Councillor Ian Stewart, Economy and Enterprise Portfolio Holder –“Does this Authority recognise what family businesses, run by ‘accidents of birth’, bring to the economy of South Lakeland?”
Response from Councillor Stewart
“Yes.”
Supplementary Question from Councillor Ben Berry
“Do you realise that the term ‘accidents of birth’ may be offensive to such people? These people have a long term view on the way forward and investment in the area.”
Response from Councillor Stewart
“Many business owners will have a medium and long term view.”
From Councillor Ben Berry to Councillor Ian Stewart, Economy and Enterprise Portfolio Holder –“Will this administration join me in lobbying Mark Hoban MP, Minister for Employment and the Right Honourable Ian Duncan Smith MP, to ask that the decision to remove National Insurance Interview services from Kendal be overturned because of our rurality and large amounts of hardworking transient non-UK population that support our industries and economy?”
Response from Councillor Stewart
“Yes. I absolutely agree that it is inappropriate for Conservatives to have taken this decision. Tim Farron MP has achieved additional money for Cumbria due to its sparsity and, if these Conservative MPs don’t understand this, tell them that this is a rural area and that this decision needs to be overturned.”
Supplementary Question from Councillor Ben Berry
“It is a coalition Government. Thank you Ian for joining in on lobbying on this.”
Response from Councillor Stewart
“We will use our lobbying powers to pass the message on to Professor Steve Webb MP.”
Page 13 70 28.02.2013 Council
The following verbal questions were then put:-
From Councillor Roger Bingham to Councillor Clare Feeney-Johnson, Environment and Sustainability Portfolio Holder –“We have been informed that one rough sleeper was found during your recent exercise. Those people who sleep on floors in houses are, effectively, homeless. The Principal Housing Solutions Officer advises that accommodation is available for those who are willing to accept it. Can you confirm?”
Response from Councillor Feeney-Johnson
“I would not like to say that there is only one rough sleeper within the District. We are on the ball and working with partners to address the issue.”
From Councillor Roger Bingham to Councillor Peter Thornton, Leader and Promoting South Lakeland Portfolio Holder –“With regard to the New Homes Bonus and the £1,000 being allocated to Members for use within their wards, please can you advise how this will work where wards have more than one Member?”
Response from Councillor Thornton
“The allocation is £1,000 per Member.”
RESOLVED – That the reports and questions raised be noted.
C/98 URGENT DECISIONS
RESOLVED – That the Urgent Decision, DEX/26 (Local Plan Viability Study) taken by the Director of People and Places on 28 January 2013 be noted.
C/99 QUESTIONS
RESOLVED – That it be noted that no questions have been received under Paragraph 10 of the Council’s Rules of Procedure.
The meeting ended at 9.20 pm
Page 14 Appendix A
SOUTH LAKELAND DISTRICT COUNCIL
Valuation Bands
BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H
£117.09 £136.60 £156.12 £175.63 £214.66 £253.69 £292.72 £351.26
CUMBRIA COUNTY COUNCIL
Valuation Bands
BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H
£774.33 £903.39 £1032.44 £1161.50 £1419.61 £1677.72 £1935.83 £2323.00
POLICE AND CRIME COMMISSIONER
Valuation Bands
BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H
£136.44 £159.18 £181.92 £204.66 £250.14 £295.62 £341.10 £409.32
COUNCIL TAX FOR EACH PART OF THE DISTRICT
Valuation Bands
PARISH BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H
£ £ £ £ £ £ £ £
ALDINGHAM 1041.54 1215.14 1388.72 1562.32 1909.50 2256.68 2603.86 3124.64
ALLITHWAITE UPPER 1054.39 1230.13 1405.85 1581.59 1933.05 2284.52 2635.98 3163.18
ANGERTON 1043.32 1217.21 1391.09 1564.98 1912.75 2260.52 2608.30 3129.96
ARNSIDE 1051.10 1226.28 1401.46 1576.65 1927.02 2277.38 2627.75 3153.30
BARBON 1035.96 1208.63 1381.28 1553.95 1899.27 2244.59 2589.91 3107.90
BEETHAM 1041.47 1215.05 1388.63 1562.21 1909.37 2256.52 2603.68 3124.42
Page 15 PARISH BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H
£ £ £ £ £ £ £ £
BLAWITH & 1037.18 1210.04 1382.90 1555.77 1901.50 2247.22 2592.95 3111.54 SUBBERTHWAITE
BROUGHTON EAST 1044.56 1218.66 1392.75 1566.85 1915.04 2263.23 2611.41 3133.70
BROUGHTON WEST 1043.32 1217.21 1391.09 1564.98 1912.75 2260.52 2608.30 3129.96
BURTON IN KENDAL 1042.22 1215.93 1389.63 1563.34 1910.75 2258.16 2605.56 3126.68
CARTMEL FELL 1043.74 1217.71 1391.66 1565.62 1913.53 2261.45 2609.36 3131.24
CASTERTON 1059.19 1235.73 1412.25 1588.79 1941.85 2294.92 2647.98 3177.58
CLAIFE 1038.00 1211.01 1384.00 1557.01 1903.01 2249.01 2595.01 3114.02
COLTON 1041.89 1215.54 1389.19 1562.84 1910.14 2257.43 2604.73 3125.68
CONISTON 1050.28 1225.34 1400.38 1575.43 1925.52 2275.62 2625.71 3150.86
CROOK 1043.34 1217.24 1391.12 1565.02 1912.80 2260.58 2608.36 3130.04
CROSTHWAITE & LYTH 1034.86 1207.35 1379.82 1552.30 1897.25 2242.21 2587.16 3104.60
DENT 1053.98 1229.64 1405.30 1580.97 1932.30 2283.62 2634.95 3161.94
DOCKER 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
DUNNERDALE 1043.32 1217.21 1391.09 1564.98 1912.75 2260.52 2608.30 3129.96
EGTON WITH NEWLAND 1036.63 1209.41 1382.17 1554.95 1900.49 2246.04 2591.58 3109.90
FAWCETT FOREST 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
FIRBANK 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
GARSDALE 1038.12 1211.14 1384.16 1557.18 1903.22 2249.26 2595.30 3114.36
GRANGE-OVER-SANDS 1075.44 1254.69 1433.92 1613.17 1971.65 2330.13 2688.61 3226.34
GRAYRIGG 1032.10 1204.12 1376.13 1548.15 1892.18 2236.21 2580.25 3096.30
HAVERTHWAITE 1045.08 1219.26 1393.44 1567.62 1915.98 2264.34 2612.70 3135.24
HAWKSHEAD 1047.56 1222.15 1396.74 1571.34 1920.53 2269.71 2618.90 3142.68
HELSINGTON 1051.11 1226.30 1401.48 1576.67 1927.04 2277.41 2627.78 3153.34
Page 16 PARISH BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H
£ £ £ £ £ £ £ £
HEVERSHAM 1045.45 1219.70 1393.93 1568.18 1916.66 2265.15 2613.63 3136.36
HINCASTER 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
HOLME 1049.31 1224.20 1399.08 1573.97 1923.74 2273.51 2623.28 3147.94
HUGILL 1040.22 1213.60 1386.96 1560.34 1907.08 2253.82 2600.56 3120.68
HUTTON ROOF 1033.86 1206.17 1378.48 1550.79 1895.41 2240.03 2584.65 3101.58
KENDAL 1048.68 1223.47 1398.24 1573.03 1922.59 2272.15 2621.71 3146.06
KENTMERE 1047.06 1221.58 1396.08 1570.60 1919.62 2268.64 2617.66 3141.20
KILLINGTON 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
KIKRBY IRELETH 1035.32 1207.88 1380.43 1552.99 1898.10 2243.21 2588.31 3105.98
KIRKBY LONSDALE 1058.86 1235.35 1411.82 1588.30 1941.25 2294.21 2647.16 3176.60
LAKES 1055.33 1231.22 1407.11 1583.00 1934.78 2286.55 2638.33 3166.00
LAMBRIGG 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
LEVENS 1040.26 1213.64 1387.01 1560.39 1907.14 2253.89 2600.65 3120.78
LONGSLEDDALE 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
LOWER ALLITHWAITE 1050.00 1225.01 1400.00 1575.01 1925.01 2275.01 2625.01 3150.02
LOWER HOLKER 1041.76 1215.39 1389.01 1562.64 1909.89 2257.14 2604.40 3125.28
LOWICK 1039.40 1212.64 1385.87 1559.11 1905.58 2252.05 2598.51 3118.22
LUPTON 1045.46 1219.71 1393.95 1568.20 1916.69 2265.18 2613.66 3136.40
MANSERGH 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
MANSRIGGS 1036.63 1209.41 1382.17 1554.95 1900.49 2246.04 2591.58 3109.90
MEATHOP AND ULPHA 1037.85 1210.83 1383.80 1556.78 1902.73 2248.68 2594.63 3113.56
MIDDLETON 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
MILNTHORPE 1045.69 1219.98 1394.25 1568.54 1917.10 2265.67 2614.23 3137.08
NATLAND 1039.48 1212.73 1385.97 1559.22 1905.71 2252.20 2598.70 3118.44
Page 17 PARISH BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H
£ £ £ £ £ £ £ £
NETHER STAVELEY 1040.22 1213.60 1386.96 1560.34 1907.08 2253.82 2600.56 3120.68
NEW HUTTON 1031.32 1203.22 1375.10 1546.99 1890.76 2234.54 2578.31 3093.98
OLD HUTTON & 1044.00 1218.01 1392.00 1566.01 1914.01 2262.01 2610.01 3132.02 HOLMESCALES
OSMOTHERLEY 1036.63 1209.41 1382.17 1554.95 1900.49 2246.04 2591.58 3109.90
OVER STAVELEY 1040.22 1213.60 1386.96 1560.34 1907.08 2253.82 2600.56 3120.68
PENNINGTON 1031.75 1203.71 1375.67 1547.63 1891.55 2235.46 2579.38 3095.26
PRESTON PATRICK 1041.24 1214.78 1388.32 1561.86 1908.94 2256.02 2603.10 3123.72
PRESTON RICHARD 1055.34 1231.23 1407.12 1583.01 1934.79 2286.57 2638.35 3166.02
SATTERTHWAITE 1046.11 1220.47 1394.81 1569.17 1917.87 2266.58 2615.28 3138.34
SCALTHWAITERIGG 1039.82 1213.13 1386.43 1559.74 1906.35 2252.96 2599.56 3119.48
SEDBERGH 1049.28 1224.16 1399.04 1573.92 1923.68 2273.44 2623.20 3147.84
SEDGWICK 1065.18 1242.72 1420.24 1597.78 1952.84 2307.90 2662.96 3195.56
SKELSMERGH 1039.82 1213.13 1386.43 1559.74 1906.35 2252.96 2599.56 3119.48
SKELWITH 1044.79 1218.93 1393.05 1567.19 1915.45 2263.72 2611.98 3134.38
STAINTON 1038.97 1212.14 1385.29 1558.46 1904.78 2251.11 2597.43 3116.92
STAVELEY IN CARTMEL 1037.81 1210.78 1383.75 1556.72 1902.66 2248.59 2594.53 3113.44
STRICKLAND KETEL 1048.78 1223.59 1398.38 1573.18 1922.77 2272.37 2621.96 3146.36
STRICKLAND ROGER 1048.78 1223.59 1398.38 1573.18 1922.77 2272.37 2621.96 3146.36
TORVER 1050.92 1226.07 1401.22 1576.38 1926.69 2276.99 2627.30 3152.76
ULVERSTON 1052.70 1228.16 1403.60 1579.06 1929.96 2280.86 2631.76 3158.12
UNDERBARROW 1045.12 1219.31 1393.49 1567.68 1916.05 2264.42 2612.80 3135.36
URSWICK 1037.80 1210.78 1383.74 1556.71 1902.64 2248.58 2594.51 3113.42
WHINFELL 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
Page 18 PARISH BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H
£ £ £ £ £ £ £ £
WHITWELL & SELSIDE 1027.86 1199.17 1370.48 1541.79 1884.41 2227.03 2569.65 3083.58
WINDERMERE 1047.64 1222.26 1396.86 1571.47 1920.68 2269.90 2619.11 3142.94
WITHERSLACK 1037.85 1210.83 1383.80 1556.78 1902.73 2248.68 2594.63 3113.56
Page 19 Appendix B
COUNCIL TAX SCHEDULE FOR EACH PARISH IN THE DISTRICT ISSUING A PRECEPT AND THE COUNCIL TAX FOR SOUTH LAKELAND DISTRICT COUNCIL
Valuation Bands
PARISH BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H
ALDINGHAM 130.77 152.57 174.36 196.16 239.75 283.34 326.93 392.32
ALLITHWAITE UPPER 143.62 167.56 191.49 215.43 263.30 311.18 359.05 430.86
ANGERTON 132.55 154.64 176.73 198.82 243.00 287.18 331.37 397.64
ARNSIDE 140.33 163.71 187.10 210.49 257.27 304.04 350.82 420.98
BARBON 125.19 146.06 166.92 187.79 229.52 271.25 312.98 375.58
BEETHAM 130.70 152.48 174.27 196.05 239.62 283.18 326.75 392.10
BLAWITH & 126.41 147.47 168.54 189.61 231.75 273.88 316.02 379.22 SUBBERTHWAITE
BROUGHTON EAST 133.79 156.09 178.39 200.69 245.29 289.89 334.48 401.38
BROUGHTON WEST 132.55 154.64 176.73 198.82 243.00 287.18 331.37 397.64
BURTON IN KENDAL 131.45 153.36 175.27 197.18 241.00 284.82 328.63 394.36
CARTMEL FELL 132.97 155.14 177.30 199.46 243.78 288.11 332.43 398.92
CASTERTON 148.42 173.16 197.89 222.63 272.10 321.58 371.05 445.26
CLAIFE 127.23 148.44 169.64 190.85 233.26 275.67 318.08 381.70
COLTON 131.12 152.97 174.83 196.68 240.39 284.09 327.80 393.36
CONISTON 139.51 162.77 186.02 209.27 255.77 302.28 348.78 418.54
CROOK 132.57 154.67 176.76 198.86 243.05 287.24 331.43 397.72
CROSTHWAITE & LYTH 124.09 144.78 165.46 186.14 227.50 268.87 310.23 372.28
DENT 143.21 167.07 190.94 214.81 262.55 310.28 358.02 429.62
DUNNERDALE 132.55 154.64 176.73 198.82 243.00 287.18 331.37 397.64
EGTON WITH NEWLAND 125.86 146.84 167.81 188.79 230.74 272.70 314.65 377.58
GARSDALE 127.35 148.57 169.80 191.02 233.47 275.92 318.37 382.04
Page 20 PARISH BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H
GRANGE-OVER-SANDS 164.67 192.12 219.56 247.01 301.90 356.79 411.68 494.02
GRAYRIGG 121.33 141.55 161.77 181.99 222.43 262.87 303.32 363.98
HAVERTHWAITE 134.31 156.69 179.08 201.46 246.23 291.00 335.77 402.92
HAWKSHEAD 136.79 159.58 182.38 205.18 250.78 296.37 341.97 410.36
HELSINGTON 140.34 163.73 187.12 210.51 257.29 304.07 350.85 421.02
HEVERSHAM 134.68 157.13 179.57 202.02 246.91 291.81 336.70 404.04
HOLME 138.54 161.63 184.72 207.81 253.99 300.17 346.35 415.62
HUGILL 129.45 151.03 172.60 194.18 237.33 280.48 323.63 388.36
HUTTON ROOF 123.09 143.60 164.12 184.63 225.66 266.69 307.72 369.26
KENDAL 137.91 160.90 183.88 206.87 252.84 298.81 344.78 413.74
KENTMERE 136.29 159.01 181.72 204.44 249.87 295.30 340.73 408.88
KIKRBY IRELETH 124.55 145.31 166.07 186.83 228.35 269.87 311.38 373.66
KIRKBY LONSDALE 148.09 172.78 197.46 222.14 271.50 320.87 370.23 444.28
LAKES 144.56 168.65 192.75 216.84 265.03 313.21 361.40 433.68
LEVENS 129.49 151.07 172.65 194.23 237.39 280.55 323.72 388.46
LOWER ALLITHWAITE 139.23 162.44 185.64 208.85 255.26 301.67 348.08 417.70
LOWER HOLKER 130.99 152.82 174.65 196.48 240.14 283.80 327.47 392.96
LOWICK 128.63 150.07 171.51 192.95 235.83 278.71 321.58 385.90
LUPTON 134.69 157.14 179.59 202.04 246.94 291.84 336.73 404.08
MANSRIGGS 125.86 146.84 167.81 188.79 230.74 272.70 314.65 377.58
MEATHOP AND ULPHA 127.08 148.26 169.44 190.62 232.98 275.34 317.70 381.24
MILNTHORPE 134.92 157.41 179.89 202.38 247.35 292.33 337.30 404.76
NATLAND 128.71 150.16 171.61 193.06 235.96 278.86 321.77 386.12
NETHER STAVELEY 129.45 151.03 172.60 194.18 237.33 280.48 323.63 388.36
NEW HUTTON 120.55 140.65 160.74 180.83 221.01 261.20 301.38 361.66
Page 21 PARISH BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H
OLD HUTTON & 133.23 155.44 177.64 199.85 244.26 288.67 333.08 399.70 HOLMESCALES
OSMOTHERLEY 125.86 146.84 167.81 188.79 230.74 272.70 314.65 377.58
OVER STAVELEY 129.45 151.03 172.60 194.18 237.33 280.48 323.63 388.36
PENNINGTON 120.98 141.14 161.31 181.47 221.80 262.12 302.45 362.94
PRESTON PATRICK 130.47 152.21 173.96 195.70 239.19 282.68 326.17 391.40
PRESTON RICHARD 144.57 168.66 192.76 216.85 265.04 313.23 361.42 433.70
SATTERTHWAITE 135.34 157.90 180.45 203.01 248.12 293.24 338.35 406.02
SCALTHWAITERIGG 129.05 150.56 172.07 193.58 236.60 279.62 322.63 387.16
SEDBERGH 138.51 161.59 184.68 207.76 253.93 300.10 346.27 415.52
SEDGWICK 154.41 180.15 205.88 231.62 283.09 334.56 386.03 463.24
SKELSMERGH 129.05 150.56 172.07 193.58 236.60 279.62 322.63 387.16
SKELWITH 134.02 156.36 178.69 201.03 245.70 290.38 335.05 402.06
STAINTON 128.20 149.57 170.93 192.30 235.03 277.77 320.50 384.60
STAVELEY IN CARTMEL 127.04 148.21 169.39 190.56 232.91 275.25 317.60 381.12
STRICKLAND KETEL 138.01 161.02 184.02 207.02 253.02 299.03 345.03 414.04
STRICKLAND ROGER 138.01 161.02 184.02 207.02 253.02 299.03 345.03 414.04
TORVER 140.15 163.50 186.86 210.22 256.94 303.65 350.37 420.44
ULVERSTON 141.93 165.59 189.24 212.90 260.21 307.52 354.83 425.80
UNDERBARROW 134.35 156.74 179.13 201.52 246.30 291.08 335.87 403.04
URSWICK 127.03 148.21 169.38 190.55 232.89 275.24 317.58 381.10
WINDERMERE 136.87 159.69 182.50 205.31 250.93 296.56 342.18 410.62
WITHERSLACK 127.08 148.26 169.44 190.62 232.98 275.34 317.70 381.24
Page 22 Appendix C
TOWN & PARISH COUNCIL PRECEPTS
2012/13 2013/14 Parish /Town Tax Precepts Council Tax Tax Precepts Council Tax C Tax Council Base £ Band D (£) Base £ Band D (£) Increase ALDINGHAM 526.58 10658 20.24 521.31 10704.00 20.53 1.43% ALLITHWAITE UPPER 440.73 17397 39.47 412.84 16429.05 39.80 0.84% ANGERTON (1) 5.37 13637 24.81 5.35 12441.14 23.19 -6.53% ARNSIDE 1198.99 36766 30.66 1157.50 40356.23 34.86 13.70% BARBON 147.48 1695 11.49 142.31 1730.38 12.16 5.83% BEETHAM 878.26 17963 20.45 851.87 17396.07 20.42 -0.15% BLAWITH & SUBBERTHWAITE 126.21 1600 12.68 129.57 1810.80 13.98 10.25% BROUGHTON EAST 152.05 1700 11.18 152.64 3825.37 25.06 124.15 BROUGHTON WEST (1) 464.37 13637 24.81 450.46 12441.14 23.19 -6.53% BURTON IN KENDAL 620.96 13488 21.72 600.00 12929.51 21.55 -0.78% CARTMEL FELL 253.71 6243 24.61 256.17 6105.63 23.83 -3.17% CASTERTON 160.47 7749 48.29 154.84 7277.50 47.00 -2.67% CLAIFE 229.50 3500 15.25 232.84 3544.28 15.22 -0.20% COLTON 496.02 9759 19.67 506.31 10657.54 21.05 7.02% CONISTON 481.20 16500 34.29 457.69 15395.86 33.64 -1.90% CROOK 215.63 5202 24.12 221.98 5156.03 23.23 -3.69% CROSTHWAITE & LYTH 370.80 4000 10.79 370.12 3890.83 10.51 -2.59% DENT 352.35 14007 39.75 349.09 13678.11 39.18 -1.43% DUNNERDALE (1) 79.92 13637 24.81 80.60 12441.14 23.19 -6.53% EGTON WITH NEWLAND (3) 394.42 7000 13.35 383.26 6803.90 13.16 -1.42% GARSDALE 119.44 1900 15.91 119.82 1843.92 15.39 -3.27% GRANGE-OVER-SANDS 2108.13 142729 67.70 1993.74 142320.57 71.38 5.44% GRAYRIGG 102.92 642 6.24 98.76 628.14 6.36 1.92% HAVERTHWAITE 373.73 10000 26.76 356.22 9199.61 25.83 -3.48% HAWKSHEAD 334.64 9890 29.55 336.22 9933.84 29.55 0.00% HELSINGTON 176.74 4750 26.88 172.01 6000.01 34.88 29.76% HEVERSHAM 357.65 9045 25.29 353.08 9319.43 26.39 4.35% HOLME 613.88 19720 32.12 577.05 18570.98 32.18 0.19% HUGILL (2) 246.04 14544 18.63 245.79 13828.28 18.55 -0.43% HUTTON ROOF 111.20 1000 8.99 108.82 979.24 9.00 0.11% KENDAL 10767.98 305901 28.41 9788.63 305796.80 31.24 9.96% KENTMERE 62.48 1900 30.41 65.95 1900.00 28.81 -5.26% KIKRBY IRELETH 506.05 5859 11.58 486.61 5448.43 11.20 -3.28% KIRKBY LONSDALE 871.63 41839 48.00 848.44 39461.93 46.51 -3.10% LAKES 2530.50 103666 40.97 2456.14 101222.24 41.21 0.59% LEVENS 520.02 7981 15.35 503.83 9370.83 18.60 21.17% LOWER ALLITHWAITE 863.43 15172 17.57 851.48 28282.82 33.22 89.07% LOWER HOLKER 743.19 14000 18.84 685.51 14296.21 20.85 10.67% LOWICK 120.00 2750 22.92 118.91 2060.07 17.32 -24.43% LUPTON 79.27 1057 13.33 77.88 2057.19 26.41 98.12% MANSRIGGS (3) 16.09 7000 13.35 16.81 6803.90 13.16 -1.42% MEATHOP & ULPHA (4) 79.24 4500 14.19 80.76 4487.11 14.99 5.64% MILNTHORPE 776.34 18124 23.35 688.36 18410.70 26.75 14.56% NATLAND 424.36 7751 18.27 436.25 7604.26 17.43 -4.60% NETHER STAVELEY (2) 313.20 14544 18.63 294.98 13828.28 18.55 -0.43% NEW HUTTON 169.58 900 5.31 169.45 880.84 5.20 -2.07% OLD HUTTON & HOLMESCALES 183.63 2220 12.09 178.36 4320.04 24.22 100.33% OSMOTHERLEY (3) 113.71 7000 13.35 116.83 6803.90 13.16 -1.42% OVER STAVELEY (2) 221.55 14544 18.63 204.77 13828.28 18.55 -0.43% PENNINGTON 787.01 4514 5.74 728.95 4259.58 5.84 1.74% PRESTON PATRICK 169.92 3395 19.98 161.99 3251.83 20.07 0.45% PRESTON RICHARD 516.55 23497 45.49 495.46 20423.33 41.22 -9.39% SATTERTHWAITE 134.15 2420 18.04 139.90 3830.14 27.38 51.77% SCALTHWAITERIGG (5) 44.78 3714 18.17 42.71 3563.39 17.95 -1.21% SEDBERGH 1077.61 34275 31.81 1034.25 33228.50 32.13 1.01% SEDGWICK 187.93 10568 56.23 182.19 10200.00 55.99 -0.43% SKELSMERGH (5) 159.58 3714 18.17 155.77 3563.39 17.95 -1.21% SKELWITH 115.21 1114 9.67 118.84 3018.86 25.40 162.67% STAINTON 151.37 2334 15.42 154.62 2577.68 16.67 8.11% STAVELEY IN CARTMEL 269.97 4235 15.69 279.91 4179.98 14.93 -4.84% STRICKLAND KETEL (6) 527.31 20183 29.04 493.45 20186.80 31.39 8.09% STRICKLAND ROGER (6) 167.75 20183 29.04 149.62 20186.80 31.39 8.09%
Page 23 2012/13 2013/14 Parish /Town Tax Precepts Council Tax Tax Precepts Council Tax C Tax Council Base £ Band D (£) Base £ Band D (£) Increase TORVER 71.52 1600 22.37 73.93 2557.19 34.59 54.63% ULVERSTON 4300.02 145688 33.88 3847.34 143391.03 37.27 10.01% UNDERBARROW 211.51 5500 26.00 207.47 5371.84 25.89 -0.42% URSWICK 626.12 10452 16.69 599.55 8944.27 14.92 -10.61% WINDERMERE 4311.49 107655 24.97 4069.15 120777.94 29.68 18.86% WITHERSLACK (4) 237.80 4500 14.19 218.59 4487.11 14.99 5.64%
Note (1) – Parish of Duddon comprises Angerton/Broughton West/Dunnerdale
Note (2) – Parish of Staveley with Ings comprises Hugill/Nether Staveley /Over Staveley
Note (3) – Parish of Egton-with-Newland Mansriggs & Osmotherley comprises Egton with Newland/Mansriggs/Osmotherley
Note 4 – Parish of Witherslack and Meathop comprises Witherslack/Meathop & Ulpha
Note 5 – Parish of Skelsmergh and Scalthwaiterigg comprises Skelsmergh/Scalthwaiterigg
Note 6 – Parish of Burneside comprises Strickland Ketel/Strickland Roger
Page 24 Item No.6
PART I
South Lakeland District Council COUNCIL TH Meeting Date: 26 March 2013 Report Author: Dan Hudson - Development Strategy Manager Portfolio: Cllr Jonathan Brook – Housing and Development Report from: Director of People and Places Wards affected: All except those wholly within the Lake District or Yorkshire Dales National Parks (Ambleside and Grasmere, Hawkshead, Staveley- in-Cartmel, Staveley in Westmorland, all Windermere wards), Key Decision: This report seeks approval for main modifications to the DPD for examination. The adoption of the DPD as part of the Council’s Policy Framework following adoption will be a key decision. Key Decision Notice: SOUTH LAKELAND LOCAL PLAN (formerly Local Development Framework) 1.0 PURPOSE OF REPORT 1.1 This report sets out how the sites for new housing and jobs proposed in the Land Allocations Local Plan will be taken forward, the improvements proposed following the first set of examination hearings and additional evidence work and the path to a successful adoption. It also looks beyond adoption to the next phase of work necessary to deliver the allocations and how in the long term, the various strands of the Local Plan (local development framework) will be brought together into a single local plan. Specifically the report seeks; • members approval to make main modifications to the submitted Local Plan – Land Allocations (formerly the Land Allocations Development Plan Document) and to authorise officers to consult on those modifications prior to the recommencement of the examination hearings; • members approval for an updated Local Development Scheme setting out a timetable for the transition from a Local Development Framework to a single local plan including the introduction of a Community Infrastructure Levy, a local plan for the Arnside and Silverdale Area of Outstanding Natural Beauty and policies for development management.
Page 25 2.0 RECOMMENDATIONS It is recommended that the Council:- (1) approve the proposed main modifications to the Local Plan – Land Allocations set out in Appendix 1; and (2) adopt the updated Local Development Scheme attached as Appendix 2. 3.0 BACKGROUND
3.1 The Land Allocations Development Plan Document was submitted on 30 th May 2012. The Secretary of State appointed an Inspector, Mr Simon Berkeley, to conduct an Independent Examination into the soundness of the document. The Independent Examination hearings into the Land Allocations Development Plan document commenced on 23 rd October 2012 and were suspended on 19 th November. 3.2 The Council requested the suspension in order to address new requirements for assessing plan viability introduced through the new National Planning Policy Framework (NPPF) and associated guidance which was published after the plan was submitted. In agreeing to the suspension, the Inspector also raised a soundness concern in relation to the way in which sites had been selected in the Arnside and Silverdale Area of Outstanding Natural Beauty. During the hearings, the Inspector also raised concerns about the evidence base in relation to Gypsy and Traveller sites. In reviewing the document, the Council has identified six main areas where additional information is needed. These are; • The Arnside and Silverdale AONB - the Inspector’s concerns about the approach used to site selection and, in particular, the application of a standard site size threshold to allocations within the Arnside and Silverdale AONB; • Infrastructure Delivery Planning – the need to present evidence on infrastructure needs in the form of an infrastructure delivery plan tabulating the highways, education and water and sewerage infrastructure needs and the proposed means of addressing these; • The Plan-wide Viability issue raised by the NPPF and subsequent good practise advice published in the Housing Delivery Group (Harman) Report in June 2012; • The need for additional evidence on local highways and, in particular, independent verification of County Highways evidence on site access; • The need for additional evidence on Gypsies and Travellers to address gypsy and traveller needs towards the end of the plan period and a means of allocating sites to meet identified future needs in the latter phases of the plan period in line with the Government’s Policy for Traveller Sites ; • The timetabling of work following adoption of the Land Allocations Development Plan Document (DPD) including Arnside and Silverdale work, the programme of Development Briefs, the proposed Community Infrastructure Levy (CIL) charging schedule, Development Management Policies, Kendal Canal Head, arrangements for bringing forward the ‘broad locations’ and the timetabling for bringing forward a successor Local Plan which will supersede all existing Local Plan documents.
Page 26 3.3 Members may already be aware that under changes to the process introduced in the Localism Act, an Inspector may not require changes to a Development Plan document. Any changes to address issues of soundness must be suggested by the Local Planning Authority as main modifications. The Inspector will then decide whether the plan is sound, whether it is unsound or whether it is sound subject to the incorporation of the Local Authority’s modifications. 4.0 RESEARCH AND CONSULTATION AONB 4.1 SLDC officers have held discussions with key Arnside and Silverdale AONB stakeholders including Arnside Parish Council, Arnside Parish Plan Trust, Beetham Parish Council, the Arnside and Silverdale AONB Management Unit, the AONB Executive, Lancaster City Council and Russell Armer homes who are the prospective developers of two of the three proposed housing allocations in Arnside. Four possible ways of resolving the issue have been identified. These are: • Option 1 – Review existing proposed allocations within the Arnside and Silverdale AONB and work up additional sites within the existing Land Allocations Development Plan Document process; • Option 2 – Delete allocations within the Arnside and Silverdale AONB and make compensatory allocations elsewhere; • Option 3 – Delete allocations within the Arnside and Silverdale AONB and identify it as an area within which Parish Councils will bring forward development through Neighbourhood Planning powers under the Localism Act; • Option 4 – Delete allocations and prepare, in partnership with Lancaster City Council, a Local Plan for the whole Arnside and Silverdale AONB; 4.2 SLDC officers have identified the practical steps necessary to implement each one, identified advantages and disadvantages and discussed the options with key stakeholders. This process is set out in the Council’s letter to the Inspector (Appendix 3). 4.3 With the exception of developer and land-owner interests the consensus view was that the preparation of a Local Plan covering the whole of the Arnside and Silverdale AONB, including those parts within Lancaster District, represented the best outcome for the AONB. The outcome of the stakeholder engagement on the four options was as follows. • Arnside Parish Council – strongly in support of Option 4. Parish Council resolution in support of Option 4 passed December 2012; • Arnside Parish Plan Trust – support for Option 4; • Beetham Parish Council – support for Option 4; • Lancaster City Council – Officer level support for consistent approach to AONB; • Arnside and Silverdale AONB Management Unit – support for Option 4;
Page 27 • Russell Armer Homes – Reservations about Option 4 in terms of relationship with Housing Market Areas but if Option 4 is to proceed then it is essential to set a target;
4.4 Whilst Option 1 has some attractions, Officer’s view and the view of the local communities and the Arnside and Silverdale AONB unit, that such an approach would not be the best approach both in terms of achieving the best possible plan for the Arnside and Silverdale AONB and in terms of achieving the speediest possible resolution of the Land Allocations process and delivering the housing and employment land which is needed to meet wider strategic needs across the District. Option 2 would raise serious soundness concerns and found no support in the engagement process. Option 3 raises significant questions about deliverability. Option 4, a separate DPD would offer the opportunity to develop specific viability evidence, specific approaches to affordable and local needs housing and close working with AONB communities all of which would result in a plan which was better able to conserve the landscape and its communities. For all of the above reasons, it is recommended that Option 4 is the best option for both Districts and for the Arnside and Silverdale AONB and discussions are already taking place with Lancaster City Council to work through the details. As a first step, both Councils are co-operating on the review of their Local Development Schemes which will set out the timetable for the delivery of the Arnside Silverdale Local Plan. Infrastructure 4.5 SLDC has continued to engage with infrastructure providers including the County Council as highway authority and education provider to clarify their requirements and this and the outcome of the highways study (see below) have enabled infrastructure requirements to be presented in the form of an infrastructure delivery plan. A draft Infrastructure Delivery Plan has now been produced (see background documents) . This issue is closely related to viability (see below). The introduction of a Community Infrastructure Levy (CIL) – a priority project in the Local Development Scheme, is vital to Infrastructure delivery. Members will note that it is proposed to use CIL will be used to contribute towards the following items of critical infrastructure; • measures to mitigate the transport impacts of development on Kendal Town Centre; • provide additional school places and • deliver critical infrastructure to open up new employment sites. 4.6 Under proposed changes to CIL regulations, a proportion of CIL receipts must be made available to parish and town councils to spend on local community infrastructure projects. Viability Study 4.7 The National Planning Policy Framework introduces new requirements for plan viability, the requirement that the costs of any requirements likely to be applied to development should provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable (para 173) and that the likely cumulative impacts on development in their area of all existing and proposed local standards should not put implementation of the plan at serious risk (para 176).
Page 28 4.8 The Council’s existing viability study carried out by Norfolk Property Services (NPS) in 2009 reflected the requirements of its the time in being related solely to affordable housing. It does not address subsequent requirements and good practise guidance or the scope for a Community Infrastructure Levy or reflect later good practise guidance. 4.9 As can be seen, from the Local Development Scheme, there is a pre-existing commitment to undertake a viability study to underpin the proposed Community Infrastructure Levy. The opportunity presented itself to bring this study forward and widen its scope to address the plan wide viability issues. A viability study has been carried out by Drummond Hay Planning and Development which looks at three aspects of viability. These are • An assessment of Plan-wide viability – which looks at the costs of any requirements and whether the cumulative impact of these is likely to put implementation of the plan at serious risk; • The scope to introduce a Community Infrastructure Levy; • Specific sites where viability has been called into question; 4.10 In carrying out the study, Drummond-Hay Planning and Development have engaged with developers and land-owners to ensure that the assumptions underlying the study are realistic and most assumptions have been agreed although differences over assumptions on site acquisition costs and viability thresholds remain. Different assumptions have been applied across the District to reflect the specific circumstances of different types of site in different locations. 4.11 The study concludes that having regard to the Council’s affordable housing policies and site acquisition costs which have been agreed to be realistic; • The plan is viable as a whole and those sites which are critical to the delivery of the plan are viable and deliverable; • There is potential to support a Community Infrastructure Levy; • Most employment sites are not viable in themselves and will require additional strategies to deliver them. This may include the commitment of CIL funding, bids for external fund from the Regional Growth Fund and other sources and a flexible approach to development necessary to support employment development on some sites; • There are significant viability concerns about the proposed regeneration site at Ulverston Canal Head. 4.12 In response to these findings, it is proposed to retain the Strategic Employment site at Ulverston Canal Head but amend the boundary to reflect the area known to be available, the bulk of which is currently the subject of a planning application. The remainder of the site, which is subject to availability and viability constraints such that it does not meet minimum soundness requirements for allocation. Officers consider that development in this area remains desirable and that viability and deliverability may well change significantly as the GSK proposal is brought forward in coming years. Cumbria County Council are preparing a study which looks at the potential to improve highway access to this area and the North Lonsdale Road area. The area is therefore identified as a broad
Page 29 location. A policy requirement is therefore proposed to ensure that development of the allocated site does not prejudice the longer term development of the wider area. 4.13 Similar concerns apply to the previously used land around the Ulverston Canal Head basin. This site, currently identified as a mixed use site for housing, leisure, tourism and public realm uses, is subject to major constraints and cannot be shown to be deliverable at the present time. It is however an important regeneration opportunity whose potential needs to be identified and safeguarded long term. It is therefore proposed to redesignate this site as a regeneration opportunity area. Highways Work
4.14 Consultants AECOM have been engaged to provide an independent review of the evidence provided by the County Council on site access arrangements. In addition, in response to concerns expressed by objectors at the hearings, they have been asked to make an assessment of the cumulative impact of the land allocations in the Grange Cartmel peninsula on the local road network and provide indicative sketch designs and costings on some more complex sites. 4.15 The study confirms the County Council’s initial conclusion that the road network in the Grange-Cartmel area is capable of supporting the level of development proposed in the allocations document. The study also confirms the view expressed by the County Council that all proposed allocations can be provided with a safe means of access and most can be accessed without unusual or exceptional measures. Of the three sites where a need for additional measures was identified, land at Quarry Lane Storth will be reconsidered through the Arnside-Silverdale Local Plan and under proposed changes will no longer form part of the allocations document, land at Canal Head Ulverston is proposed to be redesignated as a broad location and a site in Allithwaite where the solution proposed by the promoter raised issues can be addressed with an alternative solution. Gypsy and Traveller issues 4.16 The Inspector raised a soundness concern in terms of the Government’s simplified Policy for Traveller sites. The concern was that the existing evidence base on Gypsy and Traveller needs did not address the latter part of the plan period and that, in the absence of such evidence, it could not be concluded that the plan provided for sites to meet identified needs. In response to this issue, SLDC is supporting the County Council in the preparation of an updated Gypsies and Travellers Accommodation Assessment to be completed by the end of 2013. Whilst this will complete the evidence base, it will also be necessary to ensure that a policy is in place to ensure that, in the event of the study identifying a need, a mechanism is in place to identify the sites. For that reason officers propose that a subject plan be prepared to clarify the Districts approach to gypsies and travellers and, in the event of additional long term needs being identified, a strategy to meet those needs. The longer term 4.17 There are some areas where the soundness of the allocations document depends on future actions after the document is adopted. These include any
Page 30 additional policy documents required to address concerns about the AONB and gypsies and travellers, the site planning work required through the Development Briefs, the Community Infrastructure Levy and the bringing forward of a Local Plan which will supersede the current suite of policy documents and bring forward the broad locations identified in the plan. 4.18 The Council’s Local Development scheme adopted in January 2012 is the Council’s project plan for bringing future plans forward. The Local Development Scheme has been reviewed and updated. The revised and updated Local Development Scheme sets a timetable for the delivery of the following documents: • The Local Plan – Land Allocations; • The Community Infrastructure Levy Charging Schedule; • The Arnside and Silverdale Local Plan; • The Local Plan – Development Management Policies; • The Local Plan – Gypsies and Travellers; • The Local Plan – Kendal Canal Head; • Development Briefs for major sites. 4.19 The Local Development scheme also sets out how the Council will bring forward a single Local Plan which will build on and supersede all and proposed former Local Development Framework documents apart from the Arnside Silverdale Plan with a single local plan. It is intended that this cover the period 2021-2035, that it be adopted by July 2021 and that it form the basis for bringing forward the broad locations for development identified in the Land Allocations DPD. Other issues
4.20 Some local issues have arisen in the course of the hearings. These include the following sites no longer being capable of allocation; • Land north west of Milnthorpe – The landowner has advised that the site is not available for residential use but would like a small area immediately adjacent to the existing Parkhouse Industrial area identified for employment use; • Acre Moss Garages, Kendal – Following a major flood event in June 2012 additional evidence from the Council’s Land Drainage team and the Environment Agency has led to the conclusion that this site is unsuitable for development due to surface water drainage issues; • Land at Owlet Ash Fields, Ackenthwaite – During the hearing sessions the Inspector raised serious concerns about the potential impacts of development of the site on the Green Gap between Milnthorpe and Ackenthwaite; • Former Poultry Sheds, Levens – part of this site is no longer available and after woodlands on the site have been taken into account, the remainder is below the minimum size threshold. Officers remain of the view that development offers the opportunity to bring about significant environmental
Page 31 improvements and for that reason it is proposed to retain the site within the development boundary; • Land west of Bracken Edge, Allithwaite –recent evidence suggests that land needed to access the site is not available. Officers remain of the view that this area is otherwise suitable for development and for that reason it is proposed to retain it within the Development Boundary. 5.0 PROPOSAL
5.1 It is recommended that the main modifications attached as Appendix 1 be proposed to the published Local Plan document as follows; • The deletion of all proposed allocations and other policy designations within the Arnside and Silverdale Area of Outstanding Natural Beauty and the inclusion within the plan of text setting out the scope and context for the Arnside and Silverdale Local Plan; • Amendment of proposed designations in the Ulverston Canal Head area to retain Phase 1 of the Strategic Employment Site as an allocation, identify Phase 2 as a broad location and identify the mixed use designation around the Canal Basin as a Regeneration Opportunity Area. • The deletion of the proposed allocations listed in Para 4.20 above and the proposed allocation of land east of Milnthorpe, previously identified as a Broad Location, for new housing, to be guided by a development brief; Some of these modifications including the proposed new policy on the Presumption in Favour of Development and the deletion of the housing allocation at Poultry Sheds Levens have already been consulted upon prior to the commencement of the hearings. It is further proposed that the Council adopt the Local Development Scheme including the commitments to the preparation of an Arnside Silverdale Local Plan, a Local Plan document on Gypsies and Travellers, a timetable for the delivery of Development Briefs and a single Local Plan. 6.0 ALTERNATIVE OPTIONS 6.1 The Council could choose not to proceed with the Land Allocations document and either proceed without a plan or commence work on a replacement document. Whilst many representors and others are calling for this course of action, the outcome would be that the delivery of housing, affordable housing and employment sites would be severely prejudiced and there would be little prospect of meeting Council plan objectives on either housing or employment. The Council would also have no prospect of being able to demonstrate a 5 Year supply of land for new housing, without which there is a severe risk that planning applications on unallocated or unsuitable sites would be extremely challenging to resist under the Government’s Presumption in Favour of Sustainable Development . If development were to come forward in an uncontrolled way, the safeguards which would otherwise be in place through adopted Local Plan policies and related development briefs would be more difficult to apply and affordable housing and mitigating measures, such as education provision, and transport improvements would be more challenging to achieve. Taking major decisions on new housing through the planning appeal
Page 32 process would be more lengthy, more expensive and offer communities the minimum influence over the outcome. 6.2 The Council could choose to proceed with the Land Allocations document without making modifications. As can be seen from the earlier part of the report, this course of action would result in a high risk of the document being found unsound resulting in on-going under-delivery and the loss of planning appeals whilst a replacement plan was prepared. 6.3 The Council could choose not to adopt the Local Development Scheme. This would represent a saving in terms of work not being undertaken. However the Local Development Scheme gives the Inspector, communities and stakeholders confidence that important measures such as the Arnside and Silverdale Plan, the Gypsy and Traveller policy and the bringing forward of broad locations. 7.0 NEXT STEPS 7.1 If members endorse the main modifications, the next step is for these and the evidence base to be subject to further consultation for a four week period during the month of April. Comments on the proposed modifications will be forwarded to the Inspector. This will enable reconvened hearings to take place towards the end of May. The Inspector is likely to give an indication at the end of the hearings when his report will be published. This is normally around 3 months from the end of the hearings allowing the Council to consider the adoption of the Land Allocations document in October 2013. 7.2 At the same time, in line with the adopted Local Development Scheme, the key priorities will be working up the Community Infrastructure Levy, and bringing forward the first tranche of Development Briefs and the Arnside Silverdale Plan 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 Any expenditure necessary to progress the land allocations document to adoption will be met from existing identified resources and staff. Development facilitated by the land allocations process including significant new affordable provision will result in a significant increase in the Council’s New Homes Bonus settlement. 8.1.2 The production of the documents identified in the Local Development Scheme will be met from existing resources. Once in place, the CIL will represent a significant stream of new funding. This must be spent on new community infrastructure. 8.2 Human Resources 8.2.1 The completion of the Land Allocations process will be achieved using existing staff resources. 8.3 Legal 8.3.1 Once adopted, the plan will form part of the Development Plan. Under Section 38 of the Planning and Compulsory Purchase Act 2004, decisions on planning applications 'must be made in accordance with the [development] plan unless other material considerations indicate otherwise'.
Page 33 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? Yes - the land allocations document has been subject to a full process of Sustainability Appraisal 8.4.2 This proposal is considered to have a positive impact on sustainability through the mitigation of landscape and biodiversity impacts and positive impacts in terms of the delivery of affordable housing and employment. 9.0 RISK ASSESSMENT Risk Consequence Controls required Plan is found unsound Non-delivery of Evidence base re-inforcement housing and jobs and modifications in place Planning by appeal Inspector does not find Soundness risk Robust viability study. in favour of the Agreement on most key point, Council on viability conservative assumptions on viability threshold. Non-delivery of AONB Overall Local Plan Close working with LCC and Plan soundness at risk partners. Commitment in LDS Non-delivery of Gypsy Overall Local Plan Strong engagement with GTAA and Traveller soundness at risk study process. Commitment in document LDS Non-delivery of Briefs Delay to site Programme set out in LDS. Key delivery or site requirements set out in mitigation and site Policy requirements not clear. Availability of funding Threat to delivery of Early progress on Community for infrastructure sites with abnormal Infrastructure Levy. Investigation infrastructure asks of external funding for or which have an employment sites. impact on Air Quality Management Areas or educational needs
10.0 EQUALITY AND DIVERSITY 10.1 The Land Allocations document has been subject to an Equality and Diversity assessment . 11.0 LINKS TO THE COUNCIL PLAN AND PERFORMANCE INDICATORS 11.1 The allocation of land to accommodate around 6,000 new dwellings by 2025 will be one of the key means by which the objective of providing homes to meet
Page 34 need will be met. In delivering sites for new employment development, it is also a means by which providing opportunities for economic growth will be delivered. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 The Council has been at the forefront of development planning in Cumbria in taking land allocations forward during a period of fundamental change to the planning system. The National Planning Policy Framework, the Neighbourhood Planning and Localism Agenda, changes to the Community Infrastructure Levy, changes to the Development Plan regulations, proposed changes to the Use Classes Order, the requirement for plan wide viability assessment, ‘positive planning’, the Duty to Co-operate and the abolition of Regional Strategies all present new and additional demands on the plan making process which have manifested themselves in the course of the preparation of the land allocations document. The implications of many of these measures have yet to be fully understood or explained at any level. 12.2 Notwithstanding the above, the District has acute housing and employment land needs. The land allocations document will make a major contribution to meeting these needs and without land allocations, the Council will not be able to deliver on meeting its housing and employment needs and runs the risk of uncontrolled development under the ‘Presumption in Favour of Sustainable Development’ . 12.3 For all of the above reasons, a thorough assessment of the soundness of the land allocations has been carried out. The re-enforcement of the evidence base identified above has confirmed that the plan as a whole is viable, that mechanisms can be identified to deliver necessary infrastructure and that all sites are capable of being safely accessed. A mechanism has been identified to address the issues associated with the Area of Outstanding Natural Beauty. The modifications set out in Para [4.20] address the soundness concerns relating to the soundness of the proposed allocations. The Local Development Scheme provides the framework for the resolution of outstanding issues. Members are therefore recommended to approve both the proposed Main Modifications and the Local Development Scheme. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Schedule of Proposed Main Modifications 2 Draft Local Development Scheme 3 Letter from SLDC to Inspector
CONTACT OFFICERS Dan Hudson Development Strategy Manager 01539 717361 [email protected] BACKGROUND DOCUMENTS AVAILABLE AECOM South Lakeland Further Highways Study (March 2013)
Page 35 DEPARTMENT OF COMMUNITIES AND LOCAL GOVERNMENT, National Planning Policy Framework, (March 2012) DEPARTMENT OF COMMUNITIES AND LOCAL GOVERNMENT, Planning Policy For Traveller Sites (March 2012) HDH PLANNING AND DEVELOPMENT South Lakeland Land Allocations and CIL Viability Study (March 2013) LOCAL HOUSING DELIVERY GROUP chaired by Sir John Harman, Viability Testing Local Plans (June 2012) SOUTH LAKELAND DISTRICT COUNCIL, South Lakeland Land Allocations Development Plan Document – Deposit Edition, (May 2012) SOUTH LAKELAND DISTRICT COUNCIL – Draft Infrastructure Delivery Plan (March 2013)
TRACKING Assistant Portfolio Solicitor to the SMT Scrutiny Director Holder Council Committee 11/03/13 11/03/13 11/03/13 13/03/13 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 26/03/13 11/03/13 11/03/13 Human Resource Services Manager 11/03/13
Weblinks
National Planning Policy Framework https://www.gov.uk/government/publications/national-planning-policy-framework--2 Harman Report http://www.nhbc.co.uk/NewsandComment/Documents/filedownload,47339,en.pdf Policy for Traveller Sites https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6078/2113371.pdf Sustainability Appraisal http://www.southlakeland.gov.uk/dirlist.asp?subfolder=%2FLocal+Development+Framework%2FLand+Allocations%2F01+Submission+May+12%2F04Sustainability+Appraisal+Assessment Equality and Diversity Assessment http://www.southlakeland.gov.uk/documentBrowser/Local%20Development%20Framework/Land%20Allocations/01%20Submission%20May%2012/04%20Equality%20Impact%20Assessment%20(CI&D)%20Feb%2012.pd f Land Allocations Document http://www.southlakeland.gov.uk/documentBrowser/Local%20Development%20Framework/Land%20Allocations/01%20Submission%20May%2012/01Land%20Allocations%20DPD%20&%20Minor%20Edits/Land%20Allocations%20DPD%20May%2012.pdf
Page 36 1 Appendix 1
Examination of South Lakeland District Council Land Allocations DPD
Table of proposed main modifications
Ref Page Policy/Paragraph/Tabl Main Modification e MM001 - 9 1.6 The Local Plan - Land Allocations Document is informed by the South Lakeland Core Strategy, Minor and Government policies, the plans of National Park Authorities (which make up over 60% of the consequentia District area and 30% of th e population) and those of Cumbria County Council (who plan for l change to minerals and waste) and the plans of neighbouring districts. This document will not allocate land main within the Kendal Canal Head Area or the Arnside and Silverdale Area of Outstanding Natural Beauty where land uses in this area will be determined through local plans specific to Page 37 these areas. the Kendal Canal Head Area Action Plan. Once adopted, the Local Plan - Land Allocations DPD will replace a number of policies in the South Lakeland Local Plan . These are set out in Appendix 3. MM002 12 1.23 Presumption in Favour of Sustainable Development
Although the Local Plan - Land Allocations was prepared before the National Planning Policy Framework was published, the key principles in terms of planning positively to meet identified needs, have underpinned the process from the start. In determining planning applications, the Council will apply the principles set out in the Framework. The Local Plan is strongly supportive of economic growth and the creation of high value jobs in particular. Some areas where positive planning will be applied to ensure that necessary development takes place include, • in considering development in employment areas and employment sites, having regard to the employment benefits of uses which fall outside the employment use classes; • taking a flexible approach to high qua lity enabling development where it can be shown to be essential to the delivery of employment sites and premises where compatable with the overall vision for the site and where compatable with maintaining the District’s supply of employment land and premi ses. • A flexible approach to the phasing of development which allows for development to take place in advance of the phasing identified in the plan where infrastructure and site planning issues can be resolved. 2
Ref Page Policy/Paragraph/Tabl Main Modification e Policy LA1.0 below incorporates the presumption in favour of development within the Local Plan.
MM002 12 1.23 POLICY LA1.[0] PRESUMPTION IN FAVOUR OF SUSTAINABLE DEVELOPMENT:
Purpose
To reflect the presumption in favour of sustainable development as set out in the National Planning Policy Frame work and for the avoidance of doubt.
WHEN CONSIDERING DEVELOPMENT PROPOSALS, THE COUNCIL WILL TAKE A POSITIVE APPROACH THAT REFLECTS THE PRESUMPTION IN FAVOUR OF Page 38 SUSTAINABLE DEVELOPMENT CONTAINED IN THE NATIONAL PLANNING POLICY FRAMEWORK.
IT WILL ALWAY S WORK PROACTIVELY WITH APPLICANTS JOINTLY TO FIND SOLUTIONS WHICH MEAN THAT PROPOSALS CAN BE APPROVED WHEREVER POSSIBLE, AND TO SECURE DEVELOPMENT THAT IMPROVES THE ECONOMIC, SOCIAL AND ENVIRONMENTAL CONDITIONS IN SOUTH LAKELAND.
PLANNING APPLICATIONS T HAT ACCORD WITH THE POLICIES IN THE SOUTH LAKELAND LOCAL PLAN CORE STRATEGY, THE OTHER POLICIES WITHIN THIS DOCUMENT AND ANY OTHER RELEVANT LOCAL PLAN OR NEIGHBOURHOOD PLAN WILL BE APPROVED WITHOUT DELAY, UNLESS MATERIAL CONSIDERATIONS INDICATE OTHERWISE.
MM002 12 1.23 WHERE THERE ARE NO POLICIES RELEVANT TO THE APPLICATION OR RELEVANT POLICIES ARE OUT OF DATE AT THE TIME OF MAKING THE DECISION THEN THE COUNCIL WILL GRANT PERMISSION UNLESS MATERIAL CONSIDERATIONS INDICATE OTHERWISE – TAKING INTO ACCOUNT WHETHER ANY ADVERSE IMPACTS OF GRANTING PERMISSION WOULD SIGNIFICANTLY AND DEMONSTRABLY OUTWEIGH THE BENEFITS, WHEN ASSESSED AGAINST THE POLICIES IN THE NATIONAL PLANNING 3
Ref Page Policy/Paragraph/Tabl Main Modification e POLICY FRAMEWORK TAKEN AS A WHOLE; OR SPECIFIC POLICIES IN THAT FRAMEWORK INDICATE THAT DEVELOPMENT S HOULD BE RESTRICTED.
Implementation Through Development Management and Development Brief processes Monitoring Through Local Plan monitoring process MM003 12 1.24 Duty to Cooperate
Local Planning Authorities are under a duty to co -operate to ensure tha t development and infrastructure needs are co -ordinate and to address other cross-border issues. South Lakeland has an up to date Local Plan Core Strategy as do the Lake District National Park,
Page 39 Eden District and Lancaster District. Lake District National Park have also published their Local Plan Part 2 (Land Allocations) South Lakeland Core Strategy’s already contains measures to ensure that development in South Lakeland does not prejudice the regeneration of Barrow and the Marina Village proposal in particular. The Copeland Core Strategy and development management policies have recently been submitted. Yorkshire Dales National Park has recently adopted its Housing Policy DPD which allocates housing sites. There are therefore up -to-date local plans governing the quantum and location of development in and around South Lakeland. Even so, there is a high level of inter district working in Cumbria with co -operation on Housing Strategy, Economic Development, Infrastructure provision and the management of environmental assets and the Council will continue to co -operate with its neighbours to ensure that this continues.
MM004 14 POLICY LA1.1 DEVELOPMENT BOUNDARIES ARE DEFINED FOR THE FOLLOWING SETTLEMENTS:
KENDAL, ULVERSTON,
KIRKBY LONSDALE, MILNTHORPE, GRANGE -OVER-SANDS,
ARNSIDE , BURNESIDE, BURTON-IN-KENDAL, ENDMOOR, HOLME, LEVENS, NATLAND, OXENHOLME, SANDSIDE/STORTH,
4
Ref Page Policy/Paragraph/Tabl Main Modification e ALLITHWAITE, CARK/FLOOKBURGH, CARTMEL,
BROUGHTON -IN-FURNESS (OUTSIDE THE LAKE DISTRICT NATIONAL PARK), GREAT AND LITTLE URSWICK, KIRKBY -IN-FURNESS, PENNY BRIDGE/GREENODD and SWARTHMOOR.
BETWEEN 2010 AND 2025 THE DEVELOPMENT NEEDS OF THESE SETTLEMENTS WILL BE MET WITHIN THE DEVELOPMENT BOUNDARIES DEFINED ON THE PROPOSALS POLICIES MAP. MM005 17 Table 1A Local Service Centres (Arnside, Burneside, Burton, Endmoor, Holme, Levens, Natland, Lin e 4 Oxenholme, Sandside Storth) 1114 943 [Total 2003-25]
Page 40 51 43 [Annualised figure] 13 % 11% [Percentage of Total Requirement] 75 59 [Annual affordable Need] 16 13% [Percentage of total annual affordable need] 213 183 [Completions] 65 45 [Permissions] 43 33 [Small sites] 305 262 [Dwellings by 2017] 610 524 [Dwellings by 2022] 794 681 [Dwellings by 2025] MM005 17 Table 1A AONB Local Service Centres Arnside and Sandsi de/Storth 171 [Total 2003 -25] 8 [Annualised figure] 2% [Percentage of total requirement] 16 [Annual affordable Need] 3%[Percentage of total annual affordable need] 30 [Completions] 19 [Permissions] 10 [Small sites] 43 [Dwellings by 2017] 86 [Dwellings by 2022] 5
Ref Page Policy/Paragraph/Tabl Main Modification e 112 [Dwellings by 2025]
MM005 Table 1A Small Settlements AONB 44 [Total 2003 -25] 2 [Annualised figure] 0.5% [Percentage of Total Requirement] 16 [Annual affordable Need] 3% [Percentage of total annual affordable need] 6 [Completions] 5 [Permissions] 10 [Small sites] 9 [Dwellings by 2017] Page 41 18 [Dwellings by 2022] 23 [Dwellings by 2025] MM005 Table 1A Total AONB (SLDC) 216 [Total 2003 -25] 10 [Annualised figure] 2% [Percentage of Total Requirement] 16 [Annual affordable Need] 3% [Percentage of total a nnual affordable need] 36 [Completions] 25 [Permissions] 20 [Small sites] 52 [Dwellings by 2017] 104 [Dwellings by 2022] 135 [Dwellings by 2025] MM005 17 Table 1A Line 5 Small Settlements outside Arnside and Silverdale AONB 622 578 [Total 2003-25] 28 26 [Annualised figure] 7% 7% [Percentage of Total Requirement] 75 59 [Annual affordable Need] 16% 13% [Percentage of total annual affordable need] 6
Ref Page Policy/Paragraph/Tabl Main Modification e 162 [Completions] 75 [Permissions] 6 [Small sites] 129 [Dwellings by 2017] 257 [Dwellings by 2022] 335 [Dwellings by 2025] MM005 17 Table 1A Global small settlements target from Core Strategy Table Page 77. Apportioned by existing Footnote 4 dwelling stock within small settlements identified in Local Plan. AONB 111 (5%) Other Rural South Kendal 1506 (64%) 1395 (59%), Cartmel 203 (9%), Furness 634 (27%) MM005 17 Table 1A - Footnote 6 6) Building control completions to 31/03/2010 summarised in Annual Monitoring Report Table * 11, as set out in the 2011 Housing Land Position Report’ Page 42 MM005 17 Table 1A - Footnote 7 7) Permissions monitoring to 31/03/2010 summarised in Annual Monitoring Report Table *. Deduction of 20% to cover permissions not implemented on small sites. Contributions from large sites assessed individually. 11 is set out in 2011 Housing Land Position Report. A deduction of 20% is applied to permissions not implemented on small sites. Contributions from large sites are assessed individually. Also includes Kendal Auction Mart site and Fair View Ulverston. MM006 18 Table 1B - Heading Core Strategy Ambition Requirement by Settlement size
MM006 18 Table 1B - Line 4 Local Service Centres (Arnside, Burneside, Burton, Endmoor, Holme, Levens, Natland, Oxenholme, Sandside Storth) 1114 945 [Total 2003-25] 51 43 [Annualised figure] 13 % 11% [Percentage of Total Requirement] 794 681 [Dwellings by 2025] 221 262 [Phase 1] 354 243 [Phase 2] 219 148 [Phase 3] 794 653 [Total] MM006 18 Table 1B - Heading AONB Local Service Centres Arnside and Sandside/Storth 7
Ref Page Policy/Paragraph/Tabl Main Modification e 169 [Total 2003-25] 8 [Annualised figure] 2% [Percentage of total requirement] 112 [Dwellings by 2025] 47 [Phase 1] 65 [Phase 2] 0 [Phase 3] 112 [Total] MM006 18 Table 1B - Heading Small Settlements AONB 44 [Total 2003 -25] 2 [Annualised figure] 0.5% [Percentage of Total Requirement]
Page 43 23 [D wellings by 2025] 8 [Phase 1] 8 [Phase 2] 8 [Phase 3] 23 [Total] MM006 18 Table 1B - Heading Total AONB (SLDC) 216 [Total 2003 -25] 10 [Annualised figure] 2.5% [Percentage of Total Requirement] 135 [Dwellings by 2025] 55 [Phase 1] 73 [Phase 2] 8 [Phase 3] 135 [Total] MM006 18 Table 1B - Heading Small Settlements outside Arnside and Silverdale AONB 622 578 [Total 2003-25] 28 26 [Annualised figure] 7% 6.5% [Percentage of Total Requirement] 358 335 [Dwellings by 2025] 120 116 [Phase 1] 119 109 [Phase 2] 8
Ref Page Policy/Paragraph/Tabl Main Modification e 358 109 [Phase 3] 358 335 [Total]
MM007 21 2.23 More detailed criteria are the following: General criteria such as the capacity of the site, the appropriate density at which it could be developed, the ease of accessing the site, the impact of topography and relief and the scope to meet identified needs, particularly for affordable housing; Local and wider Community views including those expressed through Community engagement and through Parish Plans and the Sustainable Community Strategy; Sustainability considerations including the distance to key services, the quality of public transport, walking and cycle links, the scope for renewable energy and local energy networks, the risks of flooding and contamination, air quality issues and exposure to noise and sme lls (see Core Page 44 Strategy Policy CS1.1); Heritage considerations including the potential impact of development on listed buildings, scheduled ancient monuments, historic parks and gardens, conservation areas , including impact on setting and on potential ar chaeological value. Biodiversity and Geodiversity – considerations including the potential impact of development on the conservation, enhancement and restoration of habitats and species and geodiversity assets, and scope to maximise opportunities for resto ration, enhancement and connection of natural habitats Landscape and Settlement considerations including the potential impact of development on landscape and views, the scale of development relative to the settlement size, whether the site preserves the se parate identity of settlements and the impact of development on site features such as trees, watercourses and buildings; Community Infrastructure including impacts on the local highways, water, sewerage and energy networks, the delivery of future infrastructure needs, impacts on Green Infrastructure and local community infrastructure needs and the potential regeneration benefits of development; Other demands on the site including the scope for alternative uses or mixed use, access and maintenance requirem ents to watercourses, pipelines, railway lines etc. and land reserved for new road construction or other infrastructure projects and the implications of development for the existing and future use of neighbouring sites. MM008 21 2.25 Managing flood risk, whether tidal (from the Sea), fluvial (from rivers) or through surface water (through local drainage issues) is a key issue. No residential sites are proposed in Flood Zone 3b. 9
Ref Page Policy/Paragraph/Tabl Main Modification e Following the application of the sequential test, a small number of sites are partially within flood zones 2 and 3a. In such cases, new dwellings will not be permitted in the affected parts of the site concerned. The Council has held detailed discussions with the Environment Agency (EA) on all allocations and sites have only been proposed for allocation where the EA and the Council’s own land and drainage team are satisfied that a solution can be achieved.
Natural England and the Environment Agency are working to restore the natural functioning of rivers. This may involve the removal of artificial river bank modifications, where feasible, to allow recovery of natural processes and river functioning, where this does not conflict with flood defences.
Once all elements of the Flood and Water Management Act 2010 have been implemented,
Page 45 Cumbria County Council will assume responsibility for developing a Local Flood Risk Management Strategy which will include risks from surface water run -off, groundwater and ordinary watercourses, completing a Preliminary Flood Risk Assessment and preparing Surface Water Management Plans for areas of greatest risk and approving, adopting and maintaining Sustainable Drainage Systems (SuDS) that meet National Standards for development. The County Council’s drainage team have also been engaged throughout the process and will use their new powers. Development Management and Development control decisions will use the Surface Water Management Plan to ensure that effective surface water management is incorporated in all new development. MM009 2.[27A] The Council has carried out a viability study which has assessed the costs of any requirements likely to be applied to development, including requirements for affordable housing, standards, infrastructure contributions and other requirements and, taking account of the normal cost of development and mitigation, has ensured that development will provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. The study has also assessed the likel y cumulative impacts on development of all existing and proposed local standards, supplementary planning documents and policies that support the development plan, when added to nationally required standards to ensure that the cumulative impact of these sta ndards and policies will not put implementation of the plan at serious risk, and will facilitate development throughout the economic cycle. 10
Ref Page Policy/Paragraph/Tabl Main Modification e MM010 23 POLICY LA 1.3 Kendal, Acre Moss Garages 0.35 13
MM011 24 POLICY LA 1.3 Milnthorpe Land adjacent to Firs Road 3.19 96.
MM012 24 POLICY LA 1.3 Milnthorpe North West of Milnthorpe 3.49 20 40 25 .
MM013 24 POLICY LA 1.3 Land at Owlet Ash Fields, Ackenthwaite 0.47 22 .
Page 46 MM014 25 POLICY LA 1.3 Levens, Former Poultry Sheds, Brigsteer Road 0.84 23 .
MM015 26 POLICY LA 1.3 Allithwaite, Land north of Jack Hill 0.54 1.13 21 34 .
MM016 26 POLICY LA 1.3 Allithwaite, Land west of Bracken Edge 0.34 10 .
MM017 29 2.35 Core Strategy policies CS6.5a and CS6.5b set out enabling policies to guide the provision of accommodation to meet the needs of Gypsies, Travellers and Travelling Show People in the district outside the National Parks. The Cumbria Gypsy and Traveller Accom modation Assessment (GTAA, May 2008) assessed these accommodation needs to comprise: 5 additional residential pitches; 5 additional transit pitches;and 3 additional plots for travelling show people. SLDC is, in partnership with Cumbria County Council an d other Cumbrian authorities, delivering an updated Gypsies and Travellers Accommodation Assessment to identify Gypsy and Traveller needs for the Period 2013 to 2025 within South Lakeland District. This study will be completed by December 2013; MM017 2.36 The District Council commissioned a further study in 2009/10 of the accommodation needs of Gypsies, Travellers and Travelling Show People from Home Space Sustainable Accommodation (HSSA) CIC, to provide more detail on the level of need and its location in the district. The study 11
Ref Page Policy/Paragraph/Tabl Main Modification e indicates no current evidence of accommodation need at the time of the survey. The study recommends that the needs identified in the GTAA report (above) remain appropriate and should be delivered through small -site self-build mod els of accommodation for any indigenous Gypsies and Travellers and those with a local connection, to address the needs of local people who have moved away to other areas of provision. In view of the limited current actual evidence of need (or location of n eed) and advice that any provision be made on very small sites on a self- build model.
The short term
In the short term, the District Council wil l it is not proposed that future provision is made through the allocation of sites in the Land Allocations document. Instead it is proposed that the
Page 47 District Council maintain an enabling role to accommodation provision including:
a positive, facilitating approach, through the application of the criteria in Core Strategy policies CS6.5a and CS6.5b on a case by case basis;
a multi -agency approach to monitoring actual need in the district and how to move forward under any new administrative arrangements and forthcoming legislation;
maintaining joint working with District Councils in Cumbria, HSSA and other agencies to consider emerging evidence of need and potential funding sources in order to identify and deliver suitable sites in sustainable locations with appropriate management arrangements in response to such evidence of need;
and ensuring that contacting identified Traveller groups, individuals and representative bodies are able to to ensure their input into the Land Allocations document and any other relevant planning documents.engaged in the preparation of relevant plans and strategies. MM017 New Para The long term
Following the completion of the new Gypsies and Travellers Needs Assessment, the Council will prepare and adopt a subject specific Development Plan Document which will review, update and ,if necessary, supersede Policies CS6.5a and CS6.5b of the South 12
Ref Page Policy/Paragraph/Tabl Main Modification e Lakeland Core Strategy; drawing on needs identified in that study, set pitch targets for gypsies and travellers and plot targets for travelling showpeople which address the likely permanent and transit site accommodation needs of travellers and travelling showpeople in their area; identify a supply of specific deliverable sites sufficient to provide five years’ worth of sites against locally set targets for the period 2016 -2021 Adopt that document by the end of Calendar Year 2017. The timetable for the preparation of this document is set out in the Council's Local Development Scheme approved in March 2013. MM018 32 Policy LA1.5 Kendal, Riverside Business Park, 3.83 3.07 B1,B2,B8 Page 48 MM019 33 Policy LA1.5 Gatebeck, Gatebeck Industrial Estate and Adjacent Area 2.89 B1, B2, B8
MM020 34 Policy LA1.5 EEA51 Cark in Cartmel Station Yard 1.6ha B1, B2, B8
MM020 41 Policy LA1.8 EN42# CARK STATION YARD 1.6 B1,B2,B8
MM021 35 2.42 Based on employment land needs identified in the South Lakeland Employment Land and Premises Study, the Core Strategy identifies a need for the development of 4 hectares (ha) per annum of employment land between 2010 and 2025, a total of 60 ha. This is likely to divide roughly as set out below, although the ra te at which employment sites area developed is highly dependent on market factors and cannot be predicted. These figures have been revised and updated through the Employment Land Review conducted by Lambert Smith Hampton in early 2012 which concluded that, on the basis of existing take-up rates around 36 ha across the District would be needed. Critically, it concluded (para 5.30) that 'there is no site capable of attracting or accommodating major employment development in the LDF [Local Plan] area. The stu dy predates the decision in March 2012 by GSK to develop a major manufacturing and R&D facility in Ulverston based around their existing facility. 13
Ref Page Policy/Paragraph/Tabl Main Modification e MM022 38 Policy LA1.6 ULVERSTON, LAND AT CANAL HEAD - PHASE 1 , 6.4 2.1 Ha B1(b,c), B2,B8 and ancillary B1 A
MM023 44 Para 2.65 The Open Spaces study also identifies needs for formal sports provision and the facilities which currently address provide for these. Sites which are required to meet identified local needs for sport and recreation are identified on the Proposals Policies Map and will be protected from development unless equivalent replacement provision is made.
In conjunction with Core Strategy policies CS8.1, CS8.3a, CS8.3b and CS9.1 proposals for additional outdoor formal sports facilities provision will be supported where there is evidence of need, strong community and sports club support (where relevant) and where an appropriate site and funding streams can be identified. This may include facilities for which there is demand from local sports clubs due to a lack of facilities, such as an Page 49 athletics track or inadequacy of existing facilities. Opportunities to support proposals for new sports facility provision will be explored through the Community Infrastructure Levy and other mechanisms, such as developer contributions (in accordance with Core Strategy policy CS9.2), as appropriate. MM024 45 2.67 Development Briefs are Supplementary Planning Documents which provide site specific guidance on major, complex or sensitive sites. The scope of such briefs will vary according to the needs of particular sites. The preparation of Development Briefs will be carried out in consultation with local communities. Development Briefs are proposed for the following sites:
Briefs - First Tranche (to be adopted by December 2014) Housing Allocations, Land at Kendal Parks, Kendal Housing Allocation, Stainbank Green, K endal Housing Allocation, Land at Underbarrow Road, Kendal Mixed -use Allocation, Land north of Kendal Road, Kirkby Lonsdale Housing Allocations, Land South of Milnthorpe and Land adjacent to Firs Road; Housing Allocation at Milnthorpe Road, Holme Busin ess Park Site, Land at Burton Road, Kendal
Briefs - Second Tranche (to be adopted by December 2016) Housing Allocation, Land west of High Sparrowmire, Kendal 14
Ref Page Policy/Paragraph/Tabl Main Modification e Housing Allocation, Land north of Laurel Gardens, Kendal Mixed -use Allocation at Green Dragon Farm, Burton in Kendal Housing Allocation at Land north of Sycamore Drive Close, Endmoor Mixed -use Allocation, Land south of Allithwaite Road, Grange-over-Sands Housing Allocation at Cross -a-Moor, Swarthmoor. Strategic Employment and Mixed -use Allocations at Canal Head, Ulverston
Complex Briefs Strategic Employment Site, Land at Scroggs Wood, Kendal (to be adopted by March 2014) Housing Allocations at Croftlands, Ulverston (to be adopted by Dec 2016) Employment Allocation, at Gatebeck, near Endmoor
Page 50 Housing allocation, South of Quarry Lane, Storth and Employment Allocation, South of Quarry Lane, Sandside
MM025 52 3.6 5th Bullet Safeguarding and enhancing the River Kent Special Area of Conservation an internationally important habitat, particularly f or the seriously threatened White Clawed Crayfish. The implications of river restoration need to be considered in relation to development proposals located near and/or adjacent to the River Kent Special Area of Conservation (SAC) ; MM026 53 3.8 Natural England and the Environment Agency are working to restore the natural functioning of rivers. This may involve the removal of artificial river bank modifications, where feasible, to allow recovery of natural processes and river functioning, where this does not conflict with flood defences. The implications of river restoration need to be considered in relation to development proposals located near and/or adjacent to the River Kent Special Area of Conservation (SAC) MM027 56 POLICY LA2.1 POLICY LA2.1 LAND WEST OF HIGH SPARROWMIRE
A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF LAND AT WEST SPARROWMIRE.
15
Ref Page Policy/Paragraph/Tabl Main Modification e AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
A LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK INCORPORATING THE RETENTION AND PROTECTION OF HEDGEROWS AND TREES, THE AVOIDANCE OF DEVELOPMENT ON THE CREST OF THE DRUMLIN ON THE NORTH EAST PART OF THE SITE AND TREE PLANTING ALONG THE NORTHERN AND WESTERN BOUNDARIES;
SUBMISSION AND APPROVAL OF A TRANSPORT ASSESSMENT AND TRAVEL PLAN, THE PROTECTION OF EXISTING RIGHTS OF WAY AND THE PROVISION OF PEDESTRIAN AND CYCLE ACCESS THROUGH THE SITE AND TO ADJOINING RESIDENTIAL AREAS AND WINDERMERE ROAD;
Page 51 SUBMISSION AND APPROVAL OF A FLOOD RISK ASSESSMENT AND PROVISION FOR ON SITE FLOOD ATTENUATION;
DESIGN AND LANDSCAPING OF A QUALITY WHICH REFLECTS THE IMPORTANCE OF THIS KEY GATEWAY ADJACENT TO THE NATIONAL PARK.
DEVELOPMENT OF THIS SITE CANNOT TAKE PLACE UNTIL MEASURES ARE IN PLACE TO RESOLVE PRESSURE ON THE SEWERAGE NETWORK IN NORTH KENDAL. IF AN APPLICATION FOR PLANNING PERMISSION IS BROUGHT FORWARD IN ADVANCE OF THE PHASING PROGRAMME IDENTIFIED, THE IMPACT ON THE WASTEWATER NETWORK WILL BE CONSIDERED TO ENSURE THAT THE IMPACT OF THE PROPOSAL, PLUS THE IMPACT OF ANY RELEVANT PLANNING PERMISSIONS IN EXISTENCE, IS ACCEPTABLE IN ADVANCE OF THE DELIVERY OF ANY INFRASTRUCTURE SOLUTION FOR THE WIDER NETWORK. MM028 58 POLICY LA2.2 POLICY LA2.2 LAND NORTH OF LAUREL GARDENS
A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF LAND NORTH OF LAUREL GARDENS.
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST 16
Ref Page Policy/Paragraph/Tabl Main Modification e MAKE PROVISION FOR THE FOLLOWING:
A CLEAR LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK INCORPORATING THE RETENTION OF HEDGEROWS AND THE SAFEGUARDING OF ROUGH MARSHY GROUND AT THE SOUTH EAST END OF THE SITE FROM DEVELOPMENT AND NOISE ATTENUATION ADJACENT TO THE RAILWAY LINE;
SUBMISSION AND APPROVAL OF A FLOOD RISK ASSESSMENT AND PROVISION FOR ON SITE FLOOD ATTENUATION MEASURES;
SUBMISSION AND APPROVAL OF A TRANSPORT ASSESSMENT AND TRAVEL PLAN.
Page 52 PROVISION OF PEDESTRIAN AND CYCLE LINKS THROUGH THE SITE TO ADJOINING RESIDENTIAL AREAS AND BURNESIDE ROAD;
DEVELOPMENT OF THIS SITE CANNOT TAKE PLACE UNTIL MEASURES ARE IN PLACE TO RESOLVE PRESSURE ON THE SEWERAGE NETWORK IN NORTH KENDAL. IF AN APPLICATION FOR PLANNING PERMISSION IS BROUGHT FORWARD IN ADVANCE OF THE PHASING PROGRAMME IDENTIFIED, THE IMPACT ON THE WASTEWATER NETWORK WILL BE CONSIDERED TO ENSURE THAT THE IMPACT OF THE PROPOSAL, PLUS THE IMPACT OF ANY RELEVANT PLANNING PERMISSIONS IN EXISTENCE, IS ACCEPTABLE IN ADVANCE OF THE DELIVERY OF ANY INFRASTRUCTURE SOLUTION FOR THE WIDER NETWORK. MM029 62 POLICY LA2.4 POLICY LA2.4 LAND AT KENDAL PARKS
A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF LAND AT KENDAL PARKS.
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
A LANDSCAPED AND PERMANENTLY FENCED BUFFER ZONE OF 10 METRES AROUND NATLAND BECK (PART OF RIVER KENT SPECIAL AREA OF CONSERVATION) WITH ANY DEVELOPMENT SET BACK AT LEAST 15M FROM THE BECK AND ANY NECESSARY 17
Ref Page Policy/Paragraph/Tabl Main Modification e MITIGATION MEASURES TO ADDRESS IMPACT ON GREAT CRESTED NEWTS NEAR THE SITE AND THE RETENTION OF HEDGEROWS;
A LANDSCAPING LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK INCORPORATING INCLUDING SIGNIFICANT LANDSCAPING ALONG THE EASTERN BOUNDARY ADJOINING RAILWAY LINE INCORPORATING APPROPRIATE NOISE ATTENUATION; SUBMISSION AND APPROV AL OF A FLOOD RISK ASSESSMENT AND PROVISION OF SURFACE WATER MITIGATION MEASURES INCLUDING ON -SITE ATTENUATION;
SUBMISSION AND APPROVAL OF A TRANSPORT ASSESSMENT AND TRAVEL PLAN. PROVISION OF PEDESTRIAN AND CYCLE LINKS THROUGH THE SITE TO ADJACENT
Page 53 HOUSING AND TO KENDAL PARKS ROAD. MM030 63 POLICY 2.5 POLICY LA2.5 LAND at OXENHOLME ROAD
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
A LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK WHICH PROTECTS TH E INTEGRITY OF THE GREEN GAP, SAFEGUARDS THE BIODIVERSITY IMPORTANCE OF NATLAND BECK, PROVIDE EFFECTIVE VISUAL SEPARATION FROM OXENHOLME VILLAGE RETAINS THE HEDGEROW TO THE WEST OF THE SITE, CREATES A LANDSCAPED BUFFER ZONE AND HABITAT OF 10 METRES AROUND THE WATERCOURSE AND INCORPORATES ANY NECESSARY MEASURES TO MITIGATE IMPACTS ON GREAT CRESTED NEWTS;
SUBMISSION AND APPROVAL OF A FLOOD RISK ASSESSMENT AND IMPLEMENTATION OF ANY NECESSARY ATTENUATION MEASURES;
SUBMISSION AND APPROVAL OF A TRANSPORT ASSE SSMENT AND PROVISION OF PEDESTRIAN AND CYCLE LINKS TO ADJOINING RESIDENTIAL AREAS AND PROVIDES PEDESTRIAN AND CYCLE ACCESS BETWEEN OXENHOLME ROAD AND THE HOSPITAL;
18
Ref Page Policy/Paragraph/Tabl Main Modification e LANDSCAPE AND BUILDING DESIGN TO BE OF A QUALITY WHICH REFLECT THE IMPORTANCE OF THIS KEY GATEWAY SITE.
MM031 64 POLICY LA2.6 POLICY LA2.6 LAND SOUTH OF NATLAND BECK FARM
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
THE PROTECTION OF KEY TREES AND HEDGEROWS; PERIMETER LANDSCAPING;
PROTECTION OF THE ROUTE OF THE LANCASTER CANAL;
Page 54 SUBMISSION AND APPROVAL OF A TRANSPORT ASSESSMENT AND THE DEVELOPMENT OF PEDESTRIAN AND CYCLE LINKS TO THE TOWN CENTRE UTILISING NATLAND MILL BECK LANE AND THE CANAL CYCLE ROUTE.
NATLAND MILL BECK LANE SHALL NOT BE USED AS A VEHICULAR ACCESS MM032 66 3.29 POLICY LA2.7 LAND AT STAINBANK GREEN
A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF STAINBANK GREEN.
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVI SION FOR THE FOLLOWING:
A LANDSCAPING AND GREEN INFRASTRUCTURE FRAMEWORK WITH A PARTICULAR EMPHASIS ON MITIGATING IMPACT ON VIEWS FROM THE NATIONAL PARK AND INTEGRATION WITH THE VICARAGE ROAD GREEN WEDGE;
THE SAFEGUARDING THE AREA OF MEADOW SAXIFRAGE A T THE NORTH EAST CORNER OF THE SITE; THE UNDERTAKING OF A DETAILED ECOLOGICAL SURVEY TO DETERMINE THE EXTENT OF MEADOW SAXIFRAGE WITHIN THE NORTH EAST CORNER OF THE SITE AND THE IMPLEMENTATION OF ACCEPTABLE MITIGATION MEASURES TO 19
Ref Page Policy/Paragraph/Tabl Main Modification e ENSURE THE DEVELOPMENT AS A WHOLE ENHANCES THIS HABITAT'
RETENTION OF TREES AND HEDGEROWS;
SUBMISSION AND APPROVAL OF A TRANSPORT ASSESSMENT AND TRAVEL PLAN TO INCLUDE PROVISION OF PEDESTRIAN AND CYCLE LINKS THROUGH THE SITE TO ADJOINING RESIDENTIAL AREAS AND BRIGSTEER ROAD AND FOOTWAY ALONG BRIGSTEER ROAD AND THE RETENTION AND ENHANCEMENT OF EXISTING RIGHTS OF WAY. MM033 67 POLICY LA2.8 POLICY LA2.8 LAND SOUTH OF UNDERBARROW ROAD Purpose:
A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF LAND
Page 55 SOUTH OF UNDERBA RROW ROAD. AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
A LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK INCORPORATING THE RETENTION OF TREES AND HEDGEROWS,
INTEGRATION WITH ANY ADJACENT AMENITY OPEN SPACE, A STRONG LANDSCAPED BUFFER ALONG THE BOUNDARY WITH THE LAKE DISTRICT NATIONAL PARK AND LANDSCAPING ALONG THE NORTHERN BOUNDARY;
SUBMISSION AND APPROVAL OF A TRANSPORT ASSESSMENT AND TRAVEL PLAN, INCLUDING THE WIDENING OF UNDERBARROW ROAD AND P ROVISION OF LIT FOOTWAYS AND PROVISION OF PEDESTRIAN AND CYCLE ACCESS THROUGH THE SITE TO UNDERBARROW ROAD.
THE SUBMISSION AND APPROVAL OF A CONTAMINATION ASSESSMENT TO EXAMINE THE RISK OF CONTAMINATION ARISING OUT OF FORMER LANDFILL ACTIVITY AT KENDAL FELL QUARRY AND THE IMPLEMENTATION OF ANY NECESSARY MITIGATION MEASURES 20
Ref Page Policy/Paragraph/Tabl Main Modification e MM034 67 3.31 Broad Locations - Appleby Road and Burton Road
Although not currently available, the area north west of Kendal has considerable potential as a broad location for new residential development in the longer term. Land at Appleby Road has been allocated for residential use in the past and the Appleby Road frontage remained identified for leisure and sports facilities in the 2004 Local Plan. In this context, the Local Plan also identified a need for an athletics track which derived from a Cumbria wide study carried out in the 1980s. In bringing forward proposals for the broad location through the 2021 -2035 Local Plan, Key issues will include the potential importance of the flat land adjacent to Appleby Road in meeting identified needs for formal and informal recreation , including consideration of the need for an 8 lane, all weather athletic s track. Other key
Page 56 issues will include managing landscape impacts, managing impacts on the River Mint which is part of the River Kent and Tributaries Special Area of Conservation, managing and mitigating traffic impacts, needs for community infrastructure, green infrastructure and landscape framework, and safeguarding the Thirlmere Aqueduct. Areas close to Sandylands have surface water drainage issues which will need to be mitigated.
Broad Location - Burton Road
In the long term, sites in the wider area between Burton Road and Natland Road may be able to accommodate further development. This is a highly sensitive area and an important approach to the town as well as forming the setting for the Helm Lodge Listed Building . Issues would include the potential visual impact of development at one of the main approaches to Kendal on Burton Road, the need to retain the listed Helm Lodge and its parkland setting, the need to maintain visual and functional separation with Natland, visual impacts on the line of the Lancaster Canal and Natland Road (which here forms part of the National Cycle Network as well as being an important recreational and walking route). It is estimated that this area could accommodate around 200 dwellings. Key issues such as the quantum of de velopment, the site definition and site development will be considered through a future Development Plan document the 2021-2035 Local Plan MM035 68 3.35 Significant structural landscaping and robust boundary treatment will be needed, particularly along th e southern and eastern edges of the site to ensure development is sympathetic to the existing landscape character and views from the A6 and A591. Pedestrian/cycle links should link 21
Ref Page Policy/Paragraph/Tabl Main Modification e development with Milnthorpe Road (A6) and existing public rights of way north and east of the site. A landscaped buffer zone is required between Scroggs Wood and any development. A landscaped and permanently fenced buffer zone of at least 10m consisting of a hedgerow of native vegetation is required between Scroggs Wood and any development. Scroggs Wood should be allowed to expand into this buffer zone by natural re -vegetation. Any new development should be set back at least 15m from the boundary of Scroggs Wood. Flooding Mitigation measures may be needed to reduce the risk of flooding from a watercourse to the north of the site. Road improvements to the A6 may be needed as may mitigation measures to offset any potential adverse impact to the existing highways network. Additional infrastructure is required to ensure the site is co nnected to energy and sewer networks. Taking into account landscaping, biodiversity mitigation and green infrastructure requirements a net developable area of 11 hectares has been applied to the site.
Page 57 MM036 69 POLICY LA2.9 Draft POLICY LA2.9: STRATEGIC EMPLOYMENT AND SCIENCE/BUSINESS PARK ALLOCATIONS, KENDAL
LAND ADJACENT TO SCROGGS WOOD,
A LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK TO INCORPORATE A SUBSTANTIAL BUFFER OF NATIVE VEGETATION OF AT LEAST 10M TO SCROGGS WOOD, B IODIVERSITY MITIGATION, COMPENSATION AND ENHANCEMENT OPPORTUNITIES ACROSS SITE AND SIGNIFICANT GREEN INFRASTRUCTURE RETAINED HEDGEROWS, LANDSCAPING ALONG THE PERIMETER OF THE SITE AND THE PROTECTION OF DRUMLIN CHARACTERISTICS;
MM037 70 3.37 Land south of K Shoes Factory, Natland Road
This site, south of the existing Natland Road employment area, could be considered a logical extension of this area. It is set within an area of open land used for agricultural/grazing purposes that extends southwards and we stwards to the River Kent. It is considered a possible suitable location for local employment purposes. It is within reasonable walking and cycling distance from large parts of South Kendal and is also close to a Kendal town service bus route and is on a local bus route (Kendal to Natland). Significant structural landscaping and tree planting and robust boundary treatment along the eastern, western and southern edges of the site in particular will be 22
Ref Page Policy/Paragraph/Tabl Main Modification e needed to ensure development is sympathetic to existing landscape character and also views from Natland Road as well as protecting the setting of the Watercrook Roman Fort and civil settlement Scheduled Ancient Monument. A transport assessment and travel plan will be required with provision for improved linkages towards the town centre making use of the canal cycleway. Design should reflect the high quality gateway location of the site. MM038 75 3.51 A significant part of Kirkby Lonsdale’s housing and employment land development needs will be met in a single str ategic allocation north of Kendal Road. This site has minimal impact on the historic core of the town, can be well linked to key facilities such as the schools, supermarket, doctor’s surgery and town centre, is visually contained and the employment element can be accessed directly onto the A65. It is estimated that the site can accommodate around 80 dwellings and 1.0 ha of employment land as well as open space. The site is crossed by the
Page 58 Haweswater Aqueduct and no development will be permitted within 12.2 m of the aqueduct. It The site also incorporates school playing fields. Other issues include measures to manage to surface water run off, traffic and access issues reflecting current weight restrictions on Kendal Road, the need for suitable pedestrian and cycle links to the town centre and the need to manage biodiversity impacts. The site is set in high quality landscape and careful design will be necessary. It has a number of mature trees, hedgerows, and continuous rows of trees including a woodland area to the north west corner. These are of landscape and wildlife significance and provide some screening of the site from external views. Development will not be permitted in those parts of the site which fall within Flood Risk Zones 2 and 3a unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere. Development of this site will be guided by a Development Brief. MM039 80 3.65 Land south and east of Milnthorpe
This 3.41 7 ha site is part of a larger site which occupies rising ground south and east of Milnthorpe. The Strategic Housing Land Availability Assessment identifies considerable potential in this area although only and around land for around 70 156 dwellings is required to could meet development needs during the plan period. Key issues for this site include mitigating landscape impacts, particularly around the frontage of the site with the A6 where it both forms the entry point to the villag e and secondly lies opposite very high quality landscape in the form of Dallam Park in the Arnside Silverdale Area of Outstanding Natural Beauty. There is a need for a high quality approach to landscaping in this area as well as sensitively designed access arrangements. The 23
Ref Page Policy/Paragraph/Tabl Main Modification e other key issue is to ensure that the access arrangements for development do not prejudice the possibility of further development to the north. A further issue is achieving satisfactory links with the village centre. A public footpath offers an important opportunity to create a direct pedestrian and cycle link from the development into the village centre. There is also a group of trees in the centre of the site. MM040 81 Policy LA2.11 POLICY LA2.11: LAND SOUTH AND EAST OF MILNTHORPE
Purpose: To ensure that the site delivers high quality sustainable development and that landscape, t ransport, drainage and biodiversity impacts are effectively mitigated and to ensure that the scope for longer term development is not prejudiced .
A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF THIS
Page 59 SITE. AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
A SUBSTANTIAL, HIGH QUALITY LANDSCAPED FRONTAGE TO THE A6;
PEDESTRIAN AND CYCLE LINKAGES TO THE VILLAGE CENTRE;
REINFORCEMENT OF EXISTING TREE GROUPS;
MITIGATION MEASURES TO OFF SET ANY POTENTIAL FOR ADVERSE IMPACT TO THE EXISTING HIGHWAYS NETWORK;
A HABITAT SURVEY AND SAFEGUARDING AND REINFORCEMENT OF AREAS OF BIODIVERSITY INTEREST.
THE ACCESS, LANDSCAPING AND PEDESTRIAN MOVEMENT FRAMEWORK FOR THIS SITE SHALL NOT PREJUDICE THE LONG TERM DEVELOPMENT OF LAND TO THE NORTH OF THE SITE. MM041 83 3.74 The Arnside and Silverdale Area of Outstanding Natural Beauty (AONB)
The Arnside and Silverdale Area of Outstanding Natural Beauty is an area of national landscape 24
Ref Page Policy/Paragraph/Tabl Main Modification e importance and its special characteristics are protected by national planning policy. This protection is echoed in Core Strategy Policy CS8.2 which states that: development proposals should be informed by and sympathetic to the distinctive character landsc ape types set out in (inter alia) the AONB Management Plan and Landscape and Seascape Assessment; that development should protect, conserve and enhance the special quality of the environment associated with national designated areas of the...Arnside and Silverdale AONB including their settings...and the setting of and views into and from the AONB. The AONB is split between South Lakeland and Lancaster Districts. Out of a total population of around 7,800, around 2,300 live in Arnside (the largest settlement) and a further 1,500 live in parts of Beetham Parish within the AONB. The remainder live on the Lancaster side, the major settlements being Silverdale, Warton, Yealand Conyers and Yealand Redmayne. Page 60 MM041 83 In South Lakeland's Core Strategy, Arnside and Sandside/Storth are identified as Local Service Centres. In the Lancaster Core Strategy, Silverdale is identified as a rural settlement. Both Core Strategies seek to protect the special character of the AONBs and make provision to meet local housing and other needs within them at an appropriate scale. MM041 83 In order to deliver the best possible plan, which is sensitive to the needs of the AONB, produces a strategy for the AONB which dovetails with the AONB Management Plan and delivers a consistent appr oach to development on either side of the boundary, South Lakeland District Council and Lancaster City Council are co -operating on the preparation of a Local Plan for the AONB. The Local Plan has the support of, and is being worked up in partnership with, the AONB partnership and the constituent Parish Councils. MM041 83 The AONB Local Plan will be shaped by the strategic framework and will address the following issues • Review of settlement boundaries; • Delivery sites to accommodate around 123 dwellings on the South Lakeland side by 2025; • The identification of sites for new employment; • Cross linkages with AONB Management Plan; • Landscape and Building design; • Important features and characteristi cs to be retained/enhanced; • Areas in need of improvement; • Biodiversity enhancement/nature improvement areas; 25
Ref Page Policy/Paragraph/Tabl Main Modification e • New visitor facilities; • Car parking and traffic management; • Strategic pedestrian and cycle networks MM041 83 Preparation will commence in January 2014 with a view to the plan being adopted in January 2016
MM042 90 3.107 Land adjacent to Hall Park
3.68 ha of land are allocated adjacent to the existing estate at Hall Park. This site is close to the centre of the village including the village shop, station, pub and school as well as to Cropper’s paper mill. The site adjoins a prominent large drumlin known as Burneside Heads and its lower slopes contain a number of trees. The important heritage buildings at Burneside Hall are close to
Page 61 the existing Hall Park estate. Key issues the landscape treatment of the treed area and the lower slopes of Burneside He ads, the need for screening of the west boundary, potential need to mitigate visual impact of the development and access arrangements on Burneside Hall, the need for Sustainable Drainage systems and the need to avoid development close to the River Sprint both because of flood risk and because of potential impacts on the River Kent and tributaries Special Area of Conservation. There will also be a need for well lit pedestrian links to the village centre. Development will not be permitted in those parts of th e site which falls within Flood Risk Zones 2, 3a and 3b unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere. MM043 90 3.108 Village Recreation (Willink) Field and tennis courts
Burneside Tennis Club has an aspiration to develop enhanced recreation facilities elsewhere in the village. The site is currently held in trust and contains tennis courts and a football pitch. The relocation of the tennis club and football pitch could deliver improved replacement sports facilities elsewhere in the village and create a 0.85 ha site at the north west end of the village which could accommodate 23 homes. The key issue for this site is ensuring that repl acement facilities of equivalent or better standard are provided on an alternative site in an appropriate location. Other issues include achieving a satisfactory relationship with the adjacent railway line in terms of appearance and noise and enhancing the biodiversity value of the railway boundary and the need for a lit footway into the village. No development on this site will be permitted before an 26
Ref Page Policy/Paragraph/Tabl Main Modification e appropriate site is provided for tennis court, football pitch and recreational area. These facilities will either be provided on the identified site on land south of Burneside Football Club or to another equivalent site following further review. MM044 91 3.109 Land adjacent to Cropper’s Paper Mill
1.2 ha is allocated for the future expansion of the Cropper’ s works. Key issues for future expansion of the paper mill include the biodiversity value of hedgerows and trees, perimeter landscaping, the need to address surface water flooding issues and sustainable drainage, the need for a transport assessment and tra vel plan and the alignment of the Dales Way National Trail which crosses the site as well as the potential impact of buildings in this area on Burneside Hall Scheduled Ancient Monument. Development will not be permitted in that part of the site
Page 62 which falls within Flood Risk Zone 2 unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere. MM045 91 POLICY LA2.13 POLICY LA2.13: FORMAL OUTDOOR SPORTS FACILITIES SITE, SOUTH OF BURNESIDE FOOTBALL CLUB, BURNESIDE Purpose: To make provision for new outdoor sports facilities to meet local open space and recreation needs and to compensate for loss of current facilities on site M38M. at the Village Recreation (Willink) Field and tennis courts
2.5 Ha OF LAND SOUTH OF BURNESIDE FOOTBALL CLUB, BURNESIDE (ref ON47#) AS SHOWN ON THE PROPOSALS POLICIES MAP IS ALLOCATED FOR THE PROVISION OF NEW FORMAL OUTDOOR SPORTS FACILITIES.
IF AN EQUIVALENT SUITABLE REPLACEMENT SITE CAN BE FOUND THIS ALLOCATION WILL BE REVIEWED IN THE FUTURE MM046 92 3.117 Land at Boon Town
This 0.94 ha site consists of strip fields behind Burton’s main street and could accommodate around 23 dwellings without significant heritage impacts. A public footpath runs along the northern border of the site. The site contains a number of hedges and a substantial tree belt borders the site to the east. Key development issues include the need for a transport assessment. There are significant on street parking issues in the area and the opportunity exists to 27
Ref Page Policy/Paragraph/Tabl Main Modification e accommodate some car parking. Biodiversity interest has been identified and hedgerows and trees should be retained. If play space is lost in accessing the site, replacement provision should be made, the play space fenced and screened from any new access road and the play space screened from adjacent new housing . The potential of the public footpath to provide access to the village centre should be utilised; MM047 94 LA2.13(2) POLICY LA2.13 14 : MIXED USE ALLOCATION AT GREEN DRAGON FARM, BURTON IN KENDAL
4.37HA 4.13HA (GROSS) OF LAND AT GREEN DRAGON FARM, BURTON IN KENDAL (ref MN26#) AS SHOWN ON THE PROPOSALS POLICIES MAP IS ALLOCATED FOR MIXED HOUSING (ESTIMATED CAPACITY 92 86 dwellings ) AND B1 AND B2 EMPLOYMENT DEVELOPMENT (0.75ha) 0.75HA:
Page 63 A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF THIS SITE.
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
SUBMISSION AND APPROVAL OF A DETAILED DESIGN MITIGATION STRATEGY TO ENSURE THAT DESIGNATED AND NON -DESIGNATED HERITAGE ASSETS WOULD NOT BE ADVERSELY AFFECTED, AND THE SETTING OF THE CONSERVATION AREA PROTECTED;
A LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK PROVIDING EFFECTIVE MITIGATION OF VISUAL IMPACTS ON THE CONSERVATION AREA AND IN ON VIEWS OF THE SITE FROM THE SOUTH;
SUBMISSION AND APPROVAL OF A TRANSPORT ASSESSMENT;
PROVISION OF A PEDESTRIAN LINK TO THE VILLAGE CENTRE. MM048 95 3.123 Land north of Sycamore Close, Endmoor
This site at the northern end of the village will soften what is currently an abrupt urban edge. This 28
Ref Page Policy/Paragraph/Tabl Main Modification e site is proposed for residential and community use. Given its size and proposed mixed use potential, it would require a Development Brief. The key issue to be addressed is the need to provide a form of boundary treatment along the northern edge to minimise visual impact from the north and A65, by means of open space and landscaping. The provision of a public footpath/cycle link from site to Gatebeck Road should also be provided, if practicable. Community facilities could be incorporated within the developme nt scheme where required. Development in Endmoor is currently constrained by the capacity of the Waste Water Treatment Works and development of this site is unlikely to take place until Phase 2 of the DPD (2017 -22). Measures should be put in place to ensur e that there is no adverse impact on the water quality and flow of Peasey Beck during construction, use and during ongoing maintenance of any developments. MM049 96 3.125 Employment Sites around Endmoor
Page 64 Endmoor is well located for the M6. A 3 ha site, north of Gatebeck Lane, adjacent to Gatebeck Industrial Estate, offers the opportunity for additional employment development. Visual impacts will be important and the site offers the opportunity to incorporate extensive landscaping to the south to screen the site from the village and Gatebeck Lane. The site will require the preparation of a Development Brief to provide more detailed assessment and guidance on careful consideration of access, landscaping, flood risk, biodiversity and the remaining structures associated with the site’s previous use. Measures should be put in place to ensure that there is no adverse impact on the water quality and flow of Peasey Beck during construction, use and during ongoing maintenance of any development. Development will not be permitted in those parts of the site that fall within Flood Risk Zones 2 and 3a unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere MM050 102 3.150. Brigsteer
3.151 An exceptional allocation is made at land opposite the Wheatsheaf in Brigsteer where the local Community Land Trust supported by Helsington Parish Council is bringing forward proposals to develop the site for 7 dwellings. Although this proposal was developed ahead of neighbourhood planning powers, it is considered that the degree of community involvement and support for this proposal and the intention to seek a high proportion of affordable dwellings, justify its inclusion as a land allocation. Key issues include mitigating impacts on biodiversity – the site includes areas of semi-natural woodland, and the achievement of suitable highway design 29
Ref Page Policy/Paragraph/Tabl Main Modification e arrangements
MM051 107 4.11 The Berners site incorporating the pool, lido and car park at the centre of the Promenade is the key regeneration priority in Grange -over-Sands. The site is being regenerated in partnership with Grange Town Council to create a cluster of facilities and attractions including commercial uses , an integrated health centre, new market and affordable housing and enhanced car parking and residential and business space. The Council is seeking to regenerate this site on a partnership basis involving local businesses, house -builders, extra care home providers and a local medical practise. The site includes a former Lido which has recently been listed. It is estimated that 5 0 dwellings will be delivered in Phase 2 (2017-2022) and 53 in Phase 3 (2022 - 25). Residential uses are not appropriate for and are not proposed on the part of the site that contains the old lido, which falls within Flood Risk Zone 3a. Page 65 MM051 108 4.11 POLICY LA3.1: MIXED USE ALLOCATION AT BERNERS POOL, GRANGE-over-SANDS
Purpose: To set out the policy framework for the regeneration of the Berner’s Pool site to deliver housing, care facilities, and open space.
2.22 Ha OF LAND AT BERNER’S POOL, GRANGE -over-SANDS, AS SHOWN ON THE POLICIES MAP, IS ALLOCATED FOR HOUSING (Estimated capacity 103 dwellings), INCLUDING EXTRA CARE HOUSING (60 units) , HEALTH CARE (D1) OPEN SPACE and WHERE APPROPRIATE OTHER USES INCLUDING EMPLOYMENT (B1) AND LEISURE USE DEVELOPMENT ( 0.35ha).
RESIDENTIAL USE WILL NOT BE PERMITTED ON THE FORMER LIDO EAST OF THE RAILWAY LINE MM052 108 4.12 Land South of Allithwaite Road
The second major allocation is a large site on Allithwaite Road west of Kents Bank. This is the only large site ava ilable in Grange-over-Sands and can accommodate both housing and employment needs. The site is topographically complex and significant in landscape terms. Development will require highly sensitive design to ensure that separation is retained between Kents Bank and Allithwaite, that landscape impacts are minimised and important site features 30
Ref Page Policy/Paragraph/Tabl Main Modification e conserved and that the development represents an organic and sympathetic extension to the town. The Promenade footpath offers the opportunity to provide improved pedestrian and cycle access to the Town Centre. A development brief will be essential to ensure that a high quality sustainable development is achieved. A holistic approach to drainage management on this site will be needed, including Sustainable Drainage Systems (SuDS). MM053 109 POLICY LA3.2 POLICY LA3.2: MIXED USE ALLOCATION AT LAND SOUTH OF ALLITHWAITE ROAD, KENT’S BANK, GRANGE -over-SANDS
11.25 Ha OF LAND AT SOUTH OF ALLITHWAITE, ROAD KENT’S BANK (ref MN26#) AS SHOWN ON THE PROPOSALS POLICIES MAP IS ALLOCATED FOR MIXED HOUSING (Estimated capacity 202) AND B1 AND B2 EMPLOYMENT DEVELOPMENT (1.5 ha). B8
Page 66 EMPLOYMENT USES WILL NOT BE PERMITTED ON THE SITE
A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF THIS SITE.
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
A LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK INCORPORATING THE RETENTION OF THE WESTERNMOST PORTION OF THE SITE FOR OPEN SPACE AND LANDSCAPING, THE RETENTION OF EXISTING WOODLAND, ADDITIONAL PLANTING, LANDSCAPING AND BIODIVERSITY PROVISION AND LINKS TO EXISTING WOODLAND AREAS TO CREATE AND IMPROVE WILDLIFE CORRIDORS;
SUBMISSION AND APPROVAL OF A TRANSPORT ASSESSMENT AND TRAVEL PLAN;
PEDESTRIAN ROUTES THROUGH THE S ITE TO CREATE NETWORK WITH EXISTING FOOTPATHS AND HIGHWAYS;
NEW BUS STOP(S) AND A PEDESTRIAN LINK TO THE TOWN CENTRE . 31
Ref Page Policy/Paragraph/Tabl Main Modification e MM054 110 POLICY LA3.3 POLICY LA3.3: MIXED USE ALLOCATION AT GUIDE’S LOT, GRANGE -over-SANDS
1.26 Ha OF LAND IDENTIFIED ON THE POLICIES MAP AT GUIDE’S LOT, GRANGE -over- SANDS IS ALLOCATED FOR HOUSING (Estimated Capacity 16 dwellings) and EMPLOYMENT (B1) (0.63 ha) 0.57
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST ENSURE THAT AN APPROPRIATELY PLANTED AND PERMANENTLY FENCED BUFFER STRIP OF 10M WIDTH IS RETAINED ADJACENT TO THE WART BARROW SITE OF SPECIAL SCIENTIFIC INTEREST (SSSI). ANY NEW DEVELOPMENT SHOULD BE SET BACK AT LEAST 15M FROM THE BOUNDARY OF THE SSSI SITE. MM056 110 4.16 This 1 ha site can accommodate around 28 dwellings. This field also adjoins Wart Barrow Site of
Page 67 Special Scientific Interest. The key issue is the need to take the proximity to the adjacent SSSI must be taken into account and any new development should be l ocated at least 15m from the boundary . There is a need to incorporate new planting including the erection of a permanent he dge to create a protected site buffer of 10m width the provision of protected site buffer and the extension of woodland to north to act as wildlife corridor /screening for existing properties. MM057 112 4.26 Land to the rear of Barn Hey
This 1.1 ha site offers a significant opportunity to improve what is currently an unsatisfactory entrance to the village from Flookburgh. ‘Barn Hey’ is a listed building and this portion of the B5277 Flookburgh Road is narrow and difficult for both vehicles and pedestrians. It can accommodate around 30 dwellings. Key issues include the need for access to be achieved off Locker Lane rather than Flookbur gh Road, careful consideration to be given to the setting of ‘Barn Hey’, the development of better pedestrian access into the village, including the creation of a direct pedestrian route to the centre of the village, to facilitate safe active travel traffic management measures on Flookburgh Road and in particular, improvements to The Narrows, and the need to create an attractive entrance to the village using a style and layout of development that respects the amenity of existing properties and the setting of listed ‘Barn Hey’. MM058 115 4.38 Land East of Manorside
This 1.11 ha site is capable of accommodating around 30 dwellings. The key issue is securing 32
Ref Page Policy/Paragraph/Tabl Main Modification e appropriate access arrangements including contributing to improved pedestrian access to village centr e. A small part of this site is subject to flood risk. Development will not be permitted in that part of the site which falls within Flood Risk Zone 2 unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere. Any resulting undeveloped land and should be incorporated within the landscape framework. There is also a local drainage capacity issue. MM059 123 5.23. Surface water management is a key issue. There is a need for a sound strategic solution across all south Ulverston sites, addressing culvert capacities, attenuation areas and surface water management through careful site layout. The whole development area should be phased to allow suitable surface water drainage infrastructure to be installed for catchment and ensure that
Page 68 increased flooding is not encountered downstream. The sites on either side of Mountbarrow Road should be developed as a whole to ensure that an effective drainage scheme resolves existing surface water flooding issues being experienced by adjacent properties and ensure that increased flooding is not encountered downstream. Sustainable drainage systems should be used. Compliance with Prelimi nary rainfall runoff management for developments should be to (EA/ DEFRA W5 -074-A) standard and inappropriate development will not be permitted in those parts of the site which fall within Flood Risk Zone 2 unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere. MM060 125 5.25 Land at West End Farm
This 4.31 ha site is capable of accommodating around 97 dwellings. The site is located on the corner of Priory Road and West End Lane opposite Ulverston’s Leisure Centre. The site is level and currently in agricultural use. It comprises a small group of farm buildings and a large field. Its boundaries are a stone wall to Priory Road and a hedge along West End Lane and to the rear of the site. There are sporadic trees around the edge of the site. Although the site is not identified by the Environment Agency as lying within an area of flood risk, immediately adjoining fields are. West End Road is currently a narrow lane with no footway. A Transport Statement will be required and some off site work including making roads up to adoptable standard and providing footways will be required. The scope for developing this site in conjunction with the adjacent site at West End Nursery should be considered. The site also lies opposite Ulverston cemetery and a sympathetic design treatment along Priory Road is important. Within the cemetery, the listed 33
Ref Page Policy/Paragraph/Tabl Main Modification e Wilson’s monument is close to the site boundary and attention to its setting will be necessary. Development will not be permitted in those parts of the site which fall within Flood Risk Zone 2 unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere. MM061 126 5.26 Land at West End Nurseries
This 4.11 ha site can accommodate around 92 dwellings. It is located on West End Road and consists of West End Nurseries – a complex of polytunnels , plantations and shelter belts and two adjacent fields. Part of the site is identified as being at risk of flooding and this portion of the site should not be developed. Key issues include submission of a transport assessment and flood risk assessment and any necessary works to West End Lane. There are views of the Hoad Monument
Page 69 from this site. Development will not be permitted in those parts of the site which fall within Flood Risk Zones 2 and 3a unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere. There may be scope to raise land within the flood zone if required. MM062 126 5.29 [South Lund Farm]
The key issue for the development of this site is drainage and flooding. All development should be located in Flood Zone 1 and have green spaces towards the flood zones. Surface water should be dealt with via SUDS if ground conditions allow. Inappropriate development will not be permitted in those parts of the site which fall within Flood Risk Zones 2 and 3a unless the developer can demonstrate through an acceptable Flood Risk Assessment that it would not be at an unacceptable risk of flooding or increase flood risk elsewhere. Surface water run -off is picked up should be collected and stored within the site up to sufficient to cope with a 1 in 100 year plus climate change event. Any discharge to Lund Beck should be attenuated to Greenfield run -off or better equal to or an improvement on the run-off from the site in its greenfield state and an open channel should be considered rather than culvert from any attenuation for conveying to convey water to Town/Lund Beck. MM063 127 5.34 Ulverston Canal Head Business Park
This 6.43 ha site at Canal Head , adjacent to the E H Booths store was identified as a potential Business Park site in the informal Ulverston Head Master Plan which and is taken forward 34
Ref Page Policy/Paragraph/Tabl Main Modification e through Core Strategy Policy CS3.2 which sets out a strategic development framework for the regenerati on of this area. 2.1 ha of this land is allocated as the first phase of a strategic employment site.
The allocated site is part of a wider employment and regeneration opportunity bounded by the embankment carrying the Furness Railway Line to the south east, the Ulverston Canal to the south, by E H Booths Supermarket and the Lakes Glass Centre, glass factory and by residential properties along Next Ness Lane to the north and by open countryside to the east. The Barrow Monument on Hoad Hill features strong ly in views from the site and conversely, the site is prominent in views from the Monument. This surrounding area is identified as a Broad Location for employment development;
Page 70 MM064 128 5.38 Because of the complexity of this site and the need for development to be co-ordinated with the regeneration of the Canal Head area, a Development Brief will be prepared which will cover both sites. (See Policy 5.3 below). The Council can only be certain that the allocated portion will come forward during the plan period. The Council will continue to work with partners such as Furness Enterprise, the Cumbria Local Economic Partnership and Cumbria County Council to bring forward the development of the remainder of the site and to implement the infrastructure necessary to deliver this. The status of this area will be reviewed in the 2021 -35 Local Plan. It is important that the development of early phases within the plan period enables the longer term development of the wider site. MM065 128 NEW POLICY POLICY LA[5.2A] ULVERSTON CANAL HEAD BUSINESS PARK AND EMPLOYMENT REGENERATION AREA
Purpose To maximise the potential economic and regeneration benefits of the Ulverston Canal Head site
DEVELOPMENT OF PHASE 1 OF THE ULVERSTON CANAL HEAD BUSINESS PARK MUST MAKE PROVISION FOR THE FOLLOWING;
A LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK;
MEASURES TO MITIGATE IMPACTS IN VIEWS FROM OUBAS HILL 35
Ref Page Policy/Paragraph/Tabl Main Modification e
ANY NECESSARY MEASURES TO ADDRESS BIODIVERSITY IMPACTS;
THE SAFEGUARDING OF THE GAS PIPELINE WHICH CROSSE S THE SITE;
THE SUBMISSION AND APPROVAL OF A FLOOD RISK ASSESSMENT AND THE IMPLEMENTATION OF ANY NECESSARY MITIGATION MEASURES INCLUDING RAISED FLOOR LEVELS;
THE PROVISION OF MITIGATION MEASURES TO OFFSET ANY POTENTIAL ADVERSE IMPACT ON THE HIGHWAYS NET WORK;
Page 71 ADJACENT LAND AT ULVERSTON CANAL HEAD IS IDENTIFIED AS A BROAD LOCATION FOR EMPLOYMENT DEVELOPMENT. DEVELOPMENT OF PHASE 1 OF THE STRATEGIC EMPLOYMENT SITE AT ULVERSTON CANAL HEAD SHOULD ENABLE THE LONGER TERM DEVELOPMENT OF THIS AREA THROUGH ITS SITE DESIGN, LANDSCAPE STRUCTURE, ACCESS, SERVICING AND DRAINAGE ARRANGEMENTS.
MM066 129 5.42 The GSK Site
A very large employment site of 22.26 ha is occupied by GlaxoSmithKline. The site is a pharmaceutical manufacturing plant and is a global centre of excellence for the manufacture of sterile and oral Active Pharmaceutical Ingredients. This site is one of four currently being considered has been selected by GSK as potential the locations for a major new biopharmaceutical research and development and manufacturing plant. The existing is site GSK site is currently safeguarded as an existing employment area. In the event of Ulverston being selected, the Council is committed to preparing a Local Development Order to facilitate this major development. The new £350m biopharma facility at Ulverston will be the first to be 36
Ref Page Policy/Paragraph/Tabl Main Modification e built by GSK in the UK for 40 years and GSK plan to start construction in 2014/15. Once construction starts, it is likely to take at least six years before the plant is fully operational.
MM067 129 5.43 Ulverston Canal Head Mixed-Use Site Regeneration Opportunity Area
The areas of land and buildings at Ulverston Canal Head, grouped around the basin at the head of the Ulverston Canal make up are a key site regeneration opportunity at the entrance to the town below Hoad Hill and the Sir John Barrow Monument. The area adjoins site is bounded by the proposed Canal Head Business Park, the E H Booth Supermarket and mainly residential properties on the opposite side of the A590 (T) Canal Str eet and North Lonsdale Road. The important listed Sunderland Terrace adjoins the area at its western corner of the site. MM068 129 5.44 The key site feature area comprises land around is the Canal Head and basin. The Ulverston Page 72 Canal is a substantial body of water being 20m wide and 4.6m deep. It has wooded banks. A substantial tarmac towpath which is also a public footpath runs along the north side. Around it are grouped a level field with hedged boundaries, B Williamson Scrap Yard, a cleared site adjoining the head of the Canal, Lakeland Aggregates building supply compound, Ulverston’s Auction Mart and various un-used and under used areas of hard-standing. MM069 129 5.45 The site is the central element of the Canal Head and Corridor Regeneration Opportunity Area. A site of 3.93 ha (gross) at Canal Head is allocated for could accommodate residential, heritage, leisure and tourism uses in line with the advisory Canal Head Master Plan, with the overall objective of regenerating the Canal basin and corridor. Development here will be closely related to the adjacent Strategic Employment Site and a Development Brief will be required. The Council, in partnership with site owners, the County Council and the Cumbria Local Enterprise Partnership, will seek to regenerate the area in a way which achieves a strong ‘sense of place’ with a high standard of design and public realm reflecting the waterside location and the site’s role as a ‘gateway ‘to Ulverston and the retention and improvement of the canal as a public amenity and the opening up of views to the Canal and basin. Flood risk mitigation will be an important consideration in the development of this site;
MM070 131 POLICY 5.3 POLICY LA 5.3: MIXED USE ALLOCATION REGENERATION OPPORTUNITY AREA , ULVERSTON CANAL HEAD
Purpose: To provide a policy framework for the regeneration of the sites around Ulverston Canal 37
Ref Page Policy/Paragraph/Tabl Main Modification e Head.
LAND AT ULVERSTON CANAL HEAD (ref M28) IS IDENTIFIED AS A REGENERATION OPPORTUNITY SITE ALLOCATED SUITABLE FOR A MIX OF HOUSING (estimated capacity 86dwellings), HERITAGE, LEISURE AND TOURISM DEVELOPMENT (2 ha): MM070 131 POLICY 5.3 Area (Ha) gross Phase 1 2 3 Residential 1.93 Ha 86 Heritage, Leisure and Tourism 2.00 Ha . MM070 131 POLICY 5.3 Implementation Development Management process Monitoring Through Core Strategy monitoring framework - Net additional dwellings by settlement, gross
Page 73 affordable housing completions. MM071 131 POLICY 5.4 POLICY 5.4: LAND AT ULVERSTON CANAL HEAD – DEVELOPMENT BRIEF
Purpose: To ensure that development reflects the Community’s aspirations for a high quality approach to Ulverston, manages key environmental impacts effectively, manages flood risk and surface water effectively has a positive impact on the surrounding area and its infrastructure, and conserves important site features.
A DEVELOPMENT BRIEF WILL BE PREPARED TO GUIDE THE DEVELOPMENT OF THE TWO SITES AT CANAL HEAD, ULVERSTON.
AS WELL AS OTHER CORE STRATEGY POLICY REQUIREMENTS, DEVELOPMENT MUST MAKE PROVISION FOR THE FOLLOWING:
STRATEGIC EMPLOYMENT SITE - CANAL HEAD
THE SUBMISSION AND APPROVAL OF A LANDSCAPE AND GREEN INFRASTRUCTURE FRAMEWORK TO INCORPORATE SIGNIFICANT STRUCTURAL LANDSCAPING INCLUDING SCREENING FROM OUBAS HILL, SCREENING OF THE GAS FACILITY, THE RETENTION AND REINFORCEMENT OF EXISTING FOOTPATHS AND ANY NECESSARY MEASURES TO ADDRESS BIODIVERSITY IMPACTS;AND 38
Ref Page Policy/Paragraph/Tabl Main Modification e
THE SAFEGUARDING OF THE GAS PIPELINE WHICH CROSSES THE SITE;AND THE SUBMISSION AND APPROVAL OF A FLOOD RISK ASSESSMENT AND THE IMPLEMENTATION OF ANY NECESSARY MITIGATION MEASURES INCLUDING RAISED FLOOR LEVELS; AND
THE PROVISION OF MITIGATION MEASURES TO OFFSET ANY POTENTIAL ADVERSE IMPACT ON THE HIGHWAYS NETWORK;
AND THE RETENTION OF EXISTING PUBLIC FOOTPATHS AND PERMISSIVE PRIVATE RIGHTS OF WAY;
Page 74 MM071 132 POLICY 5.4 MIXED USE SITE – CANAL HEAD
THE ACHIEVEMENT OF A STRONG ‘SENSE OF PLACE’ WITH A HIGH STANDARD OF DESIGN AND PUBLIC REALM REFLECTING THE WATERSIDE LOCATION AND THE SITE’S ROLE AS A ‘GATEWAY ‘TO ULVERSTON;AND
THE PROVISION OF A SYMPATHETIC SETTING FOR GRADE II LISTED BUILDINGS AT SUNDERLAND TERRACE;AND THE OPENING UP OF VIEWS TO THE CANAL AND BASIN, ESPECIALLY FROM THE A590(T) AND PROVIDE SAFER ACCESS;AND
THE RETENTION AND IMPROVEMENT OF THE CANAL AS A PUBLIC AMENITY INCORPORATING PEDESTRIAN ROUTES AROUND CANAL HEAD, PUBLIC FOOTPATHS AND ACCESS TO THE CANAL SIDE;AND
THE PROVISION OF STRONG PEDESTRIAN AND CYCLE CONNECTIVITY BETWEEN THE DIFFERENT PARTS OF THE CANAL HEAD SITE, THE STRATEGIC EMPLOYMENT SITE, THE REST OF THE CANAL CORRIDOR AND THE TOWN CENTRE; AND
THE PROVISION OF ANY NECESSARY FLOOD RISK MITIGATION / ATTENUATION MEASURES INCLUDING RAISED FLOOR LEVELS AND MITIGATION / ATTENUATION MEASURES TO ENSURE EXISTING SURFACE WATER DRAINAGE ISSUES ARE SATISFACTORILY ADDRESSED PRIOR TO ANY DEVELOPMENT; 39
Ref Page Policy/Paragraph/Tabl Main Modification e
AND THE PROVISION OF MITIGATION MEASURES TO OFFSET IMPACT TO THE EXISTING HIGHWAYS NETWORK;
AND THE MITIGATION OF ANY BIODIVERSITY IMPACTS;
AND ANY NECESSARY WORKS REQUIRED TO THE CANAL ITSELF AND ARRANGEMENTS FOR MAINTENANCE;AND A SCHEME FOR CANAL SIDE LANDSCAPING.
MM071 132 POLICY 5.4 Implementation SLDC to prepare Development Briefs – Implementation through Development Management process
Page 75 Monitoring Through Core Strategy monitoring framework - Net additional dwellings by settlement, gross affordable housing completion MM072 14 POLICY LA1.1 and Delete development boundaries for Policies Map Arnside Storth/Sandside
Include the following areas within the Development Boundary Land adjacent to Firs Lane, Milnthorpe
Exclude the following areas from the Development Boundary deleted site M9M2 -mod apart from area adjacent to M9M1-mod
Adjust Development Boundary with both inclusions and exclusions at Jack's Hill, Allithwaite
Amend Development Boundary for Cartmel to exclude exclude areas of land relating to alternative sites RN148 & RN171 40
Ref Page Policy/Paragraph/Tabl Main Modification e MM072 POLICY LA1.3 and Remove site reference numbers from Policies Map and replace with LA1.3 Policies Map Include as Allocation Broad Location at Firs Road Milnthorpe, :
Delete proposed allocations at Acre Moss Garages, Kendal, La nd North West of Milnthorpe, Land at Owlet Ash Fields, Ackenthwaite, Land at Station Road, Redhills Road and Hollins Lane, Arnside Former Poultry Sheds, Levens
Page 76 Land south of Quarry Lane, Storth
Amend boundaries of site at Land north of Jack Hill, Allith waite Land at Milnthorpe Road, Holme MM072 Delete proposed Broad Location at Land adjacent to Firs Bank, Milnthorpe
MM072 POLICY LA1.5 and Delete existing employment sites at Policies Map Billerud Paper Mill, Beetham Shoreline Business Park, Sandside Amend boundaries of site at Kendal Riverside Business Park Add existing employment site at Station Yard, Cark in Cartmel MM072 POLICY LA1.6 and Amend boundaries of site at Policies Map Ulverston Canal Head
MM072 41 POLICY LA1.8 and Delete existing employment sites at Policies Map Land and Buildings adj Dallam Timber Yard, Milnthorpe Land south of Quarry Lane, Sandside Station Yard, Cark in Cartmel 41
Ref Page Policy/Paragraph/Tabl Main Modification e Amend boundaries of site at Land adjacent to Bridge End Business Park, Park Road, Milnthorpe
MM072 42 POLICY LA1.9 and Amend boundaries of Milnthorpe/Ackenthwaite Green Gap to include Land at Owlet Ash Fields; Policies Map
MM072 44 POLICY LA1.10 and Delete Policies Map All greenspace designations within the Arnside and Silverdale Area of Outstanding Natural Beaut y Amend Boundaries of green space at Boon Town, Burton ; Boundaries of green space at Lane Foot, Levens;
Page 77 MM072 42 Para 2.67 and Policies Delete Yellow star Development Brief designation from; Map Employment allocation at Gatebeck near Endmoor Housing allocation south of Quarry Lane, Storth Employment allocation south of Quarry Lane, Sandside Strategic Employment Site and Mixed Use site at Canal Head, Ulverston MM072 88 POLICY LA2.12 and Delete proposed allocation at Policies Map Sands ide Road, Arnside
MM072 94 POLICY LA2.13(2) and Amend boundaries of proposed mixed-use allocation at Policies Map Green Dragon Farm, Burton -in-Kendal to exclude 0.24 ha to the west of the walled garden at the rear of Hordley House
MM072 110 POLICY LA2.13(2) and Amend boundaries of proposed mixed-use allocation at Policies Map Guide's Lot, Grange -over-Sands to exclude land with existing planning permission
MM072 124 POLICY LA5.2 and Identify area of land adjacent to Bardsea Leisure Park to be retained for surface water Policies Map management and open space 42
Ref Page Policy/Paragraph/Tabl Main Modification e MM072 124 POLICY LA5.2A and Identify broad location at Ulverston Canal Head Policies Map
MM072 124 POLICY LA5.3 and Delete Policies Map Mixed -use allocation at Canal Head, Ulverston
Identify Regeneration Opportunity Area at Ulverston Canal Head
Page 78
Appendix 2
1 Sixth Revised Version of the Local Development Scheme [March 2013] Page 79
Table of Contents 1.0 INTRODUCTION ...... 3 2.0 CHANGES TO THE PLANNING SYSTEM ...... 4 3.0 THE CURRENT LOCAL PLAN ...... 5 Scope and Timetable ...... 13 Development Plan Documents ...... 13 Supplementary Planning Documents ...... 15 Other Planning Documents ...... 17 Appendix ...... 19 Appendix 1 - Existing Development plan ...... 20
2 Sixth Revised Version of the Local Development Scheme [March 2013] Page 80
1.0 INTRODUCTION
1.1 SLDC’s Council Plan seeks to provide homes to meet needs, create opportunities for economic growth and enhance our environment. The Council’s Local Plan is at the forefront of delivering on all three objectives.
1.2 The Local Development Scheme sets out the timetable for preparing documents to be included in the Local Plan (currently known as the Local Development Framework).
1.3 Unlike preceding Local Development Schemes, this one goes beyond the three year time horizon (2013 – 2015) to explain the long-term programme for the completion of the current tranche of Local Plan work and work to bring the various parts of the local plan together into a in a single Local Plan to be adopted in 2021.
1.4 This document contains;
1.4.1 An introduction setting out the context for the Local Plan,
1.4.2 A description of which local and related documents the Council will produce and or review,
1.4.3 A timetable for the production or review for each Development Plan Document (DPD’s) and each Supplementary Planning Document (SPD’s) .
1.5 South Lakeland District Council is responsible for local planning for parts of the District outside the Lake District and Yorkshire Dales National Parks (see map below).
1.6 This LDS will be published and kept up to date on the Council’s website: www.southlakeland.gov.uk .
Map: South Lakeland District
3 Sixth Revised Version of the Local Development Scheme [March 2013] Page 81
2.0 CHANGES TO THE PLANNING SYSTEM
2.1 The Planning and Compulsory Purchase Act (2004) introduced Local Plans (then known as Local Development Frameworks) which were made up a number of individual local plan documents, then known as Development Plan Documents (DPDs). The system has been overhauled since 2010, with
the passing of the Localism Act which introduced neighbourhood planning powers, initiated the process of abolishing Regional Strategies and introduced a ‘Duty to Co -operate’ between local authorities and;
the introduction of a National Planning Policy Framework (NPPF), which replaced all previous Planning Policy Guidance (PPG) and Planning Policy Statements (PPS) and establishes a guiding principle of a Presumption in Favour of Sustainable Development;
The introduction of new development plan regulations and new terminology;.
The NPPF refers to the collection of documents that make up the statutory plan for a Local Planning Authority (LPA) as the ‘Local Plan’ The Core Strategy. All new Local Plan documents must be in general conformity with the NPPF.
2.2 The Local Plan is a collection of plans and policies set out in Local Plan Documents and Supplementary Planning Documents (SPDs). Local Plan documents DPDs set out the policies for the District and are subject to Sustainability Appraisal (SA) to consider their economic, social and environment effects. They go through public consultation and independent examination before they can be adopted. SPDs add detail and further guidance on how local plan policies are to be applied. SPDs go through consultation but can be adopted without going through examination in public.
4 Sixth Revised Version of the Local Development Scheme [March 2013] Page 82
2.3 The Localism Act (2011) introduced the Duty to Co-operate which requires planning authorities and other public bodies to actively engage and work jointly on strategic matters. The Council co-operates actively and on an ongoing basis with the National Park authorities, with the neighbouring districts of Lancaster, Barrow, Copeland and Eden as well as with Cumbria County Council, government agencies and infrastructure providers.to ensure that strategic priorities are reflected in the Local Plan.
2.4 The Localism Act has also introduced powers for local communities to prepare their own neighbourhood plans. Where these conform with the Council’s local plan, have gone through independent examination and are supported by a referendum, they must be included within the Council’s local plan. In South Lakeland, Heversham and Hincaster Parishes are co-operating on the preparation of a neighbourhood plan.
2.5 The procedure for the preparation and review of Local Plans has been revised and is contained in The Town and Country Planning (Local Planning) (England) 2012 Regulations.
3.0 THE CURRENT LOCAL PLAN
Development Plan Documents (DPDs)
3.1 The Local Plan for South Lakeland is made up of a number of Local Plan documents and SPDs. The Council produced the Core Strategy first. This sets out how much development is proposed, broadly where it will be built and measures to manage its impact. The Core Strategy was adopted in October 2010..
3.2 The Local Plan - Land Allocations, which is currently under examination, will identify or ‘allocate’ land to meet these needs for specific types of development such as housing and employment. It expected to be adopted by October 2013. The Local Plan Development Management Policies and other Local Plan documents as well as, the Community Infrastructure Levy will support the Core Strategy.
3.3 This Local Development Scheme (LDS), sets out the timetable for the production of Local Plan documents, neighbourhood plans and SPDs between 2013 and 2021. It can be viewed on the Council's website.
3.4 The adopted Policies Map that accompanies the Local Plan incorporates policies from the adopted Core Strategy as well as from the existing 1997/2004 Local Plan. As new Local Plan documents are adopted, their policies will be added to the policies map. The older policies which are superseded will be deleted. 5 Sixth Revised Version of the Local Development Scheme [March 2013] Page 83
The Long Term
3.5 The long term intention is to bring together the suite of Local Plan documents into a single local plan which will cover the period from 2021 to 2035 and contain site allocations, development management policies and area specific policies for the whole District, apart from National Park and AONB areas, into a single document. This document will be the means by which broad locations identified in the Local Plan - Land Allocations are brought forward
Supplementary Planning Documents (SPDs)
3.6 Supplementary Planning documents add further detail to the policies in the Local Plan. They provide further guidance for development on specific sites, or on particular issues, such as design. SPDs are a material consideration in planning decisions but do not have the statutory weight of Local Plan policies.
3.7 The Council is currently progressing a number of Development Briefs which are SPDs. A list of these documents and a timetable for their production is set out in the LDS below;
Local Plan Documents
Cumbria Prepared by Cumbria County Council Mineral & Cumbria County Council formally adop ted the Cumbria Minerals and Waste Local Waste Development Framework Core Strategy and Generic Development Plan Control Policies Development Plan Documents . These documents contain policies and allocations for minerals and waste related development outside National Parks. Adopted 23 April 2009. Cumbria County Council has published a draft Minerals and Waste Local Plan which will supersede these documents. Consultation commenced February 2013
South Lakeland The Core Strategy provides the strategic planning framework for the Core Strategy District, outside the National Parks. It sets out the long -term spatial vision and the strategic objectives quantity and distribution of development and policies to deliver the vision. Adopted October 2010.
Local Plan - Identifies or ‘allocates’ land within the District, outside the National Land Parks, for specific types of development such as housing and Allocations employment. C urrently under examination and expected to be adopted November 2013.
6 Sixth Revised Version of the Local Development Scheme [March 2013] Page 84
Local Plan The Local Plan Development Management Policies will set out the Development criteria against which planning applications will be considered including Management design and environmental standards. . Pol icies
Community The Community Inf rastructure Levy (CIL) will be a new charge on Infrastructure development which will be used to support critical infrastructure to Levy (CIL) deliver the Core Strategy . Under changes being consulted upon, a charging proportion of CIL receipts would go directly to Parish and Town Councils schedule to fund local community infrastructure projects.
Local Plan The Gypsies and Travellers Document will draw on the findings of an Gypsies & updated Gypsy and Traveller Accommodation Assessment to set out Travellers needs for gypsy and traveller sites and t he Council’s strategy for meeting those needs.
Local Plan - The Kendal Canal Head Local Plan will provide a regeneration framework Kendal Canal for modern employment, housing, leisure and supporting commercial Head development, better links with the town centre and, in the longer term, enabling the restoration of the Lancaster Canal. The Area Action Plan will ensure a strategic approach, avoid piecemeal development, build developer confidence and provide a focus for community engagement .
Local Plan The Arnside and Silverdale Area of Outstanding Natural Beauty is an are Arnsi de & of national landscape importance. It covers part of South Lakeland Silverdale Area District and part of Lancaster District The national importance of this of Outstanding area means that development needs have to be met in a way which Natural Beauty reflects the special character of the area. In order to plan in a consistent (AONB) way across the AONB both in terms of the identification of sites and development management policies, SLDC and Lancaster City Council are working on a joint Local Plan for the AONB which will be prepared in close consultation with local communities.
Neighbourhood The Localism Act (2011) introduced reforms to planning system and Plan s enables communit ies to create Neighbourhood Plans for their area with the support of the Council. The Neighbourhood Planning (General) Regulations 2012 provide further detail to the process of Neighbourhood Planning, including the consultation and publication of neighbour hood areas, forums and plans. Heversham and Hincaster Paris hes are currently the only Parishes which have applied to prepare a neighbourhood plan.
7 Sixth Revised Version of the Local Development Scheme [March 2013] Page 85
‘saved’ Local There are also some saved policies from the adopted 1997 Local Plan, Plan which will remain part of the Council’s planning policies until replaced (see Appendix 1). Some have been superseded by Core Strategy policies and some will be wholly or partially superseded by Land Allocations policies. . Note in the event of a conflict between an existing saved policy and the National Planning Policy Framework, the latter will take precedence. Adopted, September 1997. Alterations adopted March 2006
Local Plan Supplementary Planning Documents
Wind Energy A Supplementary Planning Document on Wind Energy has already been prepared by Cumbria County Council in partnership with other Cumbrian Authorities and adopted as Supplementary Guidance to the Cumbria Structure Plan in December 2007. It has subsequently been adopted by SLDC as Supplementary Planning Guidance to the Core Strategy in January 2012 .
Development Development Briefs give guidance on development on specific sites. They Brief(s) show which policies of the Local Plan apply to each specific site as well as detailed requirements on siting, access, design and landscaping. Development Briefs are subject to public consultation with the public and developers and delivery partners.. Once adopted, they are used to assist the master planning of development and inform the consideration of planning applic ations.
Local Plan Other Documents and processes – See Section 9 for more details
Local This document sets out the timetable for preparing documents to be Development included in the Local Plan ( previously known as the Local Development Scheme Framewor k).
Policies Map The P olicies Map comprises all of the site allocations and designations set out in adopted development plan documents. Last modified in October 2010.
Statement of This document sets out the Council’s approach to engaging the Community community in planning decisions . Adopted in September 2006 and Involvement amended in 2008. The current Statement needs to be reviewed and updated and will also set out what support is likely to be available to communities preparing neighbourhood plans
8 Sixth Revised Version of the Local Development Scheme [March 2013] Page 86
Sustainability Undertaken for all Development Plan Documents, and where required Appraisal for Supplementary Planning Documents. This will ensure that the social, economic and environmental effects of policies are understood and fully taken into consid eration. A Sustainability Appraisal report will company each published stage of a Development Plan Document, including the final Submission version .
Habitats A Habitats Regulations Assessment of plans mus t be undertaken to Regulations establish whether or not the proposals within the plan are likely to have Assessment and significant effects on any areas of international biodiversity importance. Appropriate Where the Habitats Regulations Assessment cannot state with certainty Assessment that there will be no significant effects, a n Appropriate Assessment is also required to determine the likelihood of such effects, what these effects will be and whether and how these might be mitigated. The Habitats regulations Assessment and, where relevant, the Appropriate Assessment reports will accompany the relevant plan at consultation and publication stages.
Monitoring Revi ews progress made on preparing Local P lan (LDF) documents and Report assesses the effectiveness of policies. In the past this has had to be submitted to the Secretary of State but this requirement no longer applies following adop tion of the Localism Act 2011.
Evidence Base The evidence base includes data collected and analysed by South Lakeland District Council and studies carried out by consultants on behalf of the Council. The Local Plan (LDF) will also have regard to a number of Strategies and other policy documents prepared by South Lakeland District Council and other organisations . Additional studies or reviews of existing studies will be u ndertaken as work progresses on the Local Plan (LDF ).
9 Sixth Revised Version of the Local Development Scheme [March 2013] Page 87
LOCAL PLANS IN NEIGHBOURING PLANNING AUTHORITIES Authority Plan Status Lake District National Park Local Adopted May 2008 Plan (saved policies) (Many policies superseded) Lake District National Lake District Core Strategy (Local Adopted October 2010 Park Authority Plan Part 1) Lake District Allocations of Land Published December 2012 (Local Plan Part 2) Yorkshire Dales Minerals and Waste Adopted October 1998 Local Plan (saved policies) Yorkshire Dales Local Plan (saved Adopted April 2006 The Yorkshire Dales policies) (Many policies superseded) National Park Authority Yorkshire Dales Housing Adopted June 2012 Development Plan Yorkshire Dales Local Plan Commitment in 2012 Draft Plan due March 2013 Eden Local Plan Adopted December 1996 (saved policies) (many policies superseded) Eden Core Strategy Adopted March 2010 Eden District Council Housing - Preferred Sites and Preferred Options Policies Document consultation, February 2013 Upper Eden Neighbourhood Plan Referendum March 2013 Barrow in Furness Borough Local Adopted August 2001, Plan (saved policies) alteration adopted June 2006 (most policies saved) Barrow Borough Council Barrow Port Area Action Plan Adopted July 2010 Barrow Borough Local Plan Due to be published September 2014 Lancaster District Local Plan Adopted April 2004 Lancaster Core Strategy Adopted July 2008 Lancaster Land Allocations Lancaster City Council Development Plan Document Preferred Options con sultation Lancaster Development Oct ober to December 2012 Management Document Morecambe Area Action Plan Copeland Local Plan 2001-2016 Adopted June 2006 (saved policies) (most policies saved) Copeland Core Strategy and Submitted October 2012 Copeland Borough Development Management Policies Examination hearings to Council commence April 2013 Copeland Site Allocations Document Preferred options consultation expected Cumbria Minerals and Waste Core Adopted April 2009 Strategy Cumbria Minerals and Waste Cumbria County Council Generic Development Control policies Cumbria Minerals and Waste Site Withdrawn June 2012
10 Sixth Revised Version of the Local Development Scheme [March 2013] Page 88
Allocations Policies Cumbria Minerals and Waste Local Consultation on draft plan – Plan February 2013 Joint Lancashire Minerals and Adopted December 2001 Waste Local Plan (saved policies) Joint Lancashire Minerals and Adopted February 2009 Lancashire County Waste Core Strategy Council Joint Lancashire Minerals and Inspectors Report awaited. Due Waste Site Allocations and to be adopted April 2013 Development Management Policies
11 Sixth Revised Version of the Local Development Scheme [March 2013] Page 89
12 Sixth Revised Version of the Local Development Scheme [March 2013] Page 90 Scope and Timetable
Development Plan Documents
Document Progress Role and Content Geographical Early Formal Submission Adoption Build into Area preparation Publication to by Full Single and Secretary of Council Local Plan consultation State in 2021 Land Under Identifies or ‘allocates’ *District wide Started 2008 Completed Completed November Yes Allocations Examination land for housing and (ex cept National February April 2012 2013 employment , defines Park Areas) 2011
Page 91 settlement boundaries, shopping frontage s and green gaps and sets out development requirements for major and complex sites. Community The Community *District wide Started January March December Will be Infrastructure Infr astructure Levy (CIL) (ex cept National January 2013 2014 2014 2014 reviewed Levy will fund community Park Areas) as part of infrastructure essential to Single Local secure the delivery of the Plan Core Strategy process AONB Aims to identify the sites AONB Area July June September April Separate which will deliver new including parts 2013 2014 2014 2015 DPD housing and employment of withi n development in the AONB Lancaster
13 Sixth Revised Version of the Local Development Scheme [March 2013] area as well as setting out District policies to guide the approach to and design of development in the AONB. Development Sets out the criteria *District wide Mid 2014 January Mid March Yes Management against which planning (except National 2016 201 6 2017 applications in the District Park Areas) will be considered including design and energy efficiency considerations .
Page 92 Gypsies & Setting out needs for *District wide Mid 2014 January Mid March Yes Travellers gypsy and traveller (except National 2016 201 6 2017 accommodation and the Park Areas) scope to satisfy these. Kendal Canal Setting out the Kendal Canal Mid 2014 January Mid March Yes Head Area regeneration framework Head 2016 201 6 2017 for the area Neighbourhood Identifies or ‘allocates’ Heverham January Times to be set by the neighbourhoods Separate Plan land within the parish{s} Parish Area and 2013 document (Heversham and sets out community Hincaster Parish and Hincaster) priorities and Area considerations, Single Local Current Setting out the long-term *District wide January 2017 January Mid March Yes Plan version spatial vision and the (except National - 2020 2020 2020 2021 adopted Oct strategic objectives and Park Areas) 10 policies. New version to
14 Sixth Revised Version of the Local Development Scheme [March 2013] include; Land Allocations, Development Management Policies, Gypsies & Travellers, Kendal Canal Head DPDs *Note ; In the event of the Variation Orders to the National Park boundaries being confirmed, the existing SLDC Core Strategy and land allocations will remain the development plan until such time as the relevant national park authority adopts a replacement plan.
Supplementary Planning Documents
Page 93 Document Role and Content Policies Geographical Area Preparation Consultation Adoption Issues & on Draft by Full Consultation Brief Council PHASE 1 Land at Kendal Parks Development Setting out Local Plan LA1.3, Land at Kendal Parks, July March December Brief Policies to guide sustainable LA2.4 Kendal 2013 2014 2014 development of new Land at Stainbank Green Housing Allocation LA1.3, Land at Stainbank Development Brief LA2. 7 Green , Kendal
Land at Underbarrow Development LA1.3, Land at Underbarrow Brief LA2.8 Road, Kendal
Land at Milnthorpe Road, Holme Setting out Local Plan LA1.3 Land at Milnthorpe July March December Development Brief Policies to guide sustainable LA2.15 Road, Holme 2013 2014 2014
15 Sixth Revised Version of the Local Development Scheme [March 2013] development of land as Housing Allocation
Land north of Kirkby Lonsdale Setting out Local Plan LA2.10 Mixed-use Allocation, July March December Development Brief Policies to guide the Land north of Kendal 2013 2014 2014 sustainable development Road, Kirkby Lonsdale Land south of Milnthorpe (housing) for new Housing and LA1.3 Land south of Employment LA1.4 Milnthorpe LA2.11 Land at Scorgg’s Wood Setting out Local Plan LA2.9 Land at Scroggs July March December Development Brief Policies to guide sustainable Wood 2013 2014 2014 development as a Strategic Page 94 Employment Site
Land off Cross-A-Moore, Croftlands Setting out Local Plan LA1.3, Land off Cross-A- July March December Development Brief Policie s to guide the 5.2 Moor, Croftlands Area 2013 2014 2014 sustainable de velopment as a sustainable for Housing extension to the town of Ulverston PHASE 2 Land west of High Sparrowmire Setting out Local Plan LA1.3, Land west of High January July December Development Brief Policies to guide sustainable LA2.1 Sparrowmire, Kendal 2016 2016 2016 development of new Land north of Laurel Gardens Housing Allocation LA1.3, Land north of Laurel Development Brief LA2.2 Gardens, Kendal
Land at Burton Road Development Setting out Local Plan LA2.9 Land at Burton Road, January July December
16 Sixth Revised Version of the Local Development Scheme [March 2013] Plan Brief Policies to guide sustainable Kendal 2016 2016 2016 development of land as a Business Park
Green Dragon Farm (Burton in Setting out Local Plan LA2.13 Mixed use allocation January July December Kendal) Development Brief Policies to guide sustainable at Green Dragon 2016 2016 2016 develo pment of land for Farm, Burton in new Housing and Kendal Land north of Sycamore Drive, Employment LA1.3, Land north of Endmoor Development Brief LA2.14 Sycamore Drive, Endmoor
Land south of Allithwaite Road, Setting out Local Plan LA3.2 Land south of January July December Page 95 Grange Development Brief Policies LA1.3 and LA3.2 to Allithwaite Road, 2016 2016 2016 guide sustainable Grange -over-Sands development of land at Storth and Sandside for new Housing and Employment
Swarthmoor Development Brief Setting out Local Plan LA1.3, Swarthmoor January July December Policies to guide sustainable 5.6 2016 2016 2016 develop ment of land at Swarthmoor for Housing
Other Planning Documents
Document Progress Role and Content Geographical Area Preparation Consultation Adoption Proposals Map Last modified Showing locations where specific District wide As and As and when As and
17 Sixth Revised Version of the Local Development Scheme [March 2013] October 2010 policies and proposals will apply (except National when a DPD a DPD or when a DPD Park Areas) or SPD is SPD is or SPD is prepared prepared prepared Statement of Community Adopted Sets out the timing and methods District wide June 2013 N/A Dec 2013 Involvement September of consultation to be used for (except National 2006, updated the various public consultation Park Areas) 2008 stages in the preparation of Development Plan Documents, Supplementary Planning Document and for the Development Management
Page 96 consultations.
18 Sixth Revised Version of the Local Development Scheme [March 2013] Appendix Page 97
19 Sixth Revised Version of the Local Development Scheme [March 2013] Appendix 1 - Existing Development plan
Saved and extended Local Plan Policy Status Explanation (Altered policies in italics) Housing H1 Provision of Housing Land Superseded by Core CS 1.2 and supporting text explains how Service Centres are identified in Strategy poli cies the Core Strategy. CS1.1 sets out the sustainable development principles to CS 1.1 and CS1.2 govern future development H2 Sites allocated for new residential Unimp lemented and de -allocated sites to be reviewed through Local Plan - Page 98 development Land Allocations Church Road, Allithwaite Implemented Carling Steps, Burneside De -allocated 2006 Morewood Drive, Burton Implemented Land off A65. Endmoor Implemented Green Lane, F lookburgh Implemented Graythwaite Manor, Grange Implemented Grange Fell Road, Grange De -allocated 2006 Berry Bank, Grange De -allocated 2006 Cart Lane. Grange Unimplemented Church Road, Great Urswick Implemented Paddock Lodge, Holme Implemented Brigsteer Road, Kendal Implemented Chiltern Reach, Valley Drive, Kendal Implemented
20 Sixth Revised Version of the Local Development Scheme [March 2013] Kirkbie Kendal Lower School, Kendal Implemented North Sandylands, Kendal De -allocated 2006 North East Sandylands, Kendal De -allocated 2006 Oxenholme Road, Kend al Implemented Roundhill School, Kendal Unimplemented Sparrowmire, Kendal Implemented Union Street, Kendal Unimplemented South West Kirkby Lonsdale Partially Implemented Lowgate, Levens Implemented Post Office Row, Little Urswick Implemented
Page 99 Grisleymires Lane, Milnthorpe Implemented Ackenthwaite Road, Milnthorpe Implemented Natland Road (north), Natland Implemented Robby Lea Drive, Natland Implemented MIddleshaw Bridge, Old Hutton Unimplemented North Stainton Farm, Stainton Unimple mented Ulverston Road, Swarthmoor Implemented Daltongate Car Park, Ulverston De -allocated 2006 Daltongate/Queen Street, Ulverston Implemented Kings Road, Ulverston Partially Implemented Lund Farm, Ulverston Implemented Union Lane, Ulverston Per mission Granted Urswick Road, Ulverston Implemented
21 Sixth Revised Version of the Local Development Scheme [March 2013] Winton House Phase 2, Ulverston Unimplemented H3 Phasing of Development on sites Superseded by Core CS1.1 sets out sustainable development principles, CS1.2 sets out the allocated for residential use (North Strategy policies CS 1.1, Development Strategy for the District and CS6.1 sets out the approach to Sandylands and Lund Farm) CS1.2 and CS6.1 meeting housing requirements. Together these provi de an updated basis replaced in 2006 by for allocating housing sites and the consideration of proposals on H3 Priorities for site location unallocated sites.
The phasing of development on major sites will be addressed in the Land Allocations document. H4 Small scale Housing Development in To be superseded by Page 100 Kendal and Ulve rston Allocations DPD H5 Settlements suitable for growth Partially superseded by CS1.2 sets o ut a settlement hierarchy and related levels of development. Core Strategy Policy CS1.2 Development Boundaries of Principal, Key and Local Service Centres to be Development Boundaries reviewed through Local Plan - Land Allocations and Arnside and Silverdale to be reviewed through Local Plan; . Local Plan - Land Allocations and Arnside Development boundaries of small villages and hamlets superseded by Core and Silverdale Local Plan Strategy Policy H6 Development outside settlements Superseded by Core CS1.2 sets out the approach to development in areas outside identified suitable for growth Strategy Policy CS1.2 Service Centres H7 Housing for local need Superseded by Core CS6.4 sets out criteria for the consideration of affordable housing on Strategy Policy CS6.4 exceptions sites. H8 Affordable housing Superseded by Core CS6.3 sets out general policy requirements for aff ordable housing Strategy Policy CS6.3
22 Sixth Revised Version of the Local Development Scheme [March 2013] H8a Construction and adaptation of Superseded by Core CS6.2 sets out policy in regard to providing dwellings suitable for the dwellings for people with special needs Strategy Policy CS 6.2 elderly, infirmed and disabled H9 Agricultural a nd Forestry Dwellings To be superseded by in the Countryside future Local Plan - H10 Removal of Occupancy Conditions Development Management Policies H11 Conversion of buildings within Development Boundaries H12 Conversion of buildings outside Deve lopment Boundaries H13 Conversion of Village Shops Page 101 H14 Dwellings Constructed from Temporary Materials Employment E1 Land Allocated for Business Parks To be superseded by Employment allocat ions to be reviewed through Allocations document Local Plan - Land process. Allocations and Canal Head Local Plan Parkside Road site is within Canal Head Action Area Shenstone Unimplemented Parkside Road Implemented E2 Land Allocated for Strategic To be superseded by Employment allocations to be reviewed through Allocations document Employment Uses (south -east of Local Plan - Land process. Milnthorpe station) Allocations E3 Land Allocated for Local Employment To be superseded by
23 Sixth Revised Version of the Local Development Scheme [March 2013] uses Local Plan - Land Allocations and Arnside and Silverdale Local Plan Shap Road, Kendal Implemented Low Mill Tannery, Ulverston Implemented West End Lane, Ulverston Unimplemented Fall Beck, Gatebeck Unimplemented Crakeside, Greenodd Unimplemented Allithwaite Road, Grange over Sands Unimplemented Kirkby Motors, Kirkby Lonsdale Implemented Page 102 Tram Lane, Kirkby Lonsdale Implemented Grisleymires Lane, Milnthorpe Implemented Quarry Lane, Storth Unimplemented
24 Sixth Revised Version of the Local Development Scheme [March 2013] E4 New Development and Extensions to To be superseded by Property future Local Plan - E5 Redevelopment Development Manag ement Policies E6 Loss of Employment Sites and Premises E7 New employment development in Superseded by Core CS7.4 sets the approach to employment development in rural areas; rural areas Strategy Policy CS7.4 E8 Conversion and re -use of buildings Superseded by Core CS7.4 sets the approach to building conversions for employment use in (for employment purposes) Strategy Policy CS7.4 rural areas;
Page 103 E9 Homeworking To be superseded by future Local Plan - Development Management Policies E10 Farm Diversification To be superseded by future Local Plan - Development Management Policies Retail R1 Retail Development, Kendal Town To be superseded by Town Centre and Primary Shopping Area boundary to be reviewed through Centre Local Plan - Land Local Plan - Land Allocations Allocations and future Local Plan - Development Policy criteria to be superseded by future Local Plan - Development Management Policies Management Policies
25 Sixth Revised Version of the Local Development Scheme [March 2013] R1A Retail Allocation, Kendal Town Implemented Centre R2 Retail Development outside Kendal To be superseded by Town Centre future Local Plan - Development Management Policies R3 New Retail Development, Ulverston NOT SAVED BY Town Centre SECRETARY OF STATE R4 Conversion and Extension of Retail To be superseded by Town Centre and Primary Shopping Area boundary to be reviewed through
Page 104 Premises, Ulverston Town Centre future Local Plan - Local Plan - Land Allocations Development Management Policies Policy criteria to be superseded by future Local Plan - Development Man agement Policies R5 Retail Development outside To be superseded by Ulverston Town Centre future Local Plan - Development Management Policies R6 Retail Development in minor Superseded by Core CS7.5 sets out criteria to assess retail proposals in minor shopping centres shopping centres Strategy Policy CS7.5: Town Centre and Retail Strategy R7 Retail Development outside shopping To be superseded by Town Centre, P rimary and Secondary Shopping Area boundaries to be centres Local Plan - Land reviewed through Local Plan - Land Allocations R8 Protection of Retail Frontages in the Allocations and future Primary Shopping Areas of Local Plan - Development Policy criteria to be superseded by future Local Plan - Development
26 Sixth Revised Version of the Local Development Scheme [March 2013] Kendal And Ulverston Town Management Policies Management Policies Centres R9 Non -Retail Uses In Minor Shopping Areas R10 Hot Food Takeaways In Primary Shopping Areas R11 Hot Food Takeaways In Secondary Shopping Areas R12 Hot Food Takeaways In Residential Areas
Page 105 R13 Amusement Centre s Tourism T1 Hotel development within Superseded by Core CS7.6 sets out approach to tourism development development boundaries Strategy Policy CS7.6 T2 Conversion of Buildings to Hotels And To be superseded by Serviced Accommodation future Local Plan - T2a Retention of Holiday Development Accommodation In Management Policies Grange -Over -Sands T3 Self -catering accommodation within Superseded by Core CS7.6 sets out approach to tourism development development boundaries Strategy Policy CS7.6 T4 Sel f-catering accommodation outside To be superseded by development boundaries future Local Plan -
27 Sixth Revised Version of the Local Development Scheme [March 2013] T5 Caravan Site Development within the Development Arnside -Silverdale AONB Management Policies T5 Caravan Site Developmen t outside and Arnside Silverdale the Arnside -Silverdale AONB Local Plan T7 Extensions to Caravan Park Developments’ Open Season T8 Tented Camping Sites T9 Camping Barns T10 Visitor facilities and attractions Superseded by Core Policy CS1.2 se ts the strategic framework for new visitor facilities and Page 106 Strategy Policies CS1.2, attractions. Policy CS7.6 sets out detailed approach to tourism and CS7.6 development Environment and Conservation C1 Arnside -Silverdale Area of Superseded by Core Policy CS8.2 sets out the approach to protecting and enhancing landscape Outstanding Natural Beauty Strategy Polici es CS5, and settlement character, including provisions for the AONB. Policy CS5 and CS8.2 sets out the vision and objectives for the rural south of the District. C2 “Green gaps” Part ially superseded by Policy CS8.2 sets out the approach to protecting and enhancing landscape Core Strategy policy Core and settlement character. Strategy CS8.2. Green gap allocations Location and extent of G reen gaps to be reviewed through the Allocations reviewed through Local of Land DPD Plan - Land Allocations C3 Agricultural Land To be superseded by future Local Plan -
28 Sixth Revised Version of the Local Development Scheme [March 2013] Development Management Policies C4 Farm Holdings NOT SAVED BY SECRETARY OF STATE C5 External Lighting To be superseded by C6 Sites of International Nature future Local Plan - Conservation Importance Development Management Policies C7 National Sites C8 Sites of regional or local nature Superseded by Core CS8.4 sets out policy for biodiversity and geodiversity and effect on conservation importance Strategy Policy CS8.4 regional or local sites Page 107 C9 Landscape features of major nature Superseded by Core CS8.2 sets out policy for protecting and enhancing of landscape and conservation importance Strategy Policy CS8.2 settlement chara cter C10 Protected species Superseded by Core CS8.4 sets out policy for biodiversity and geodiversity and effect on Strategy Policy CS8.4 regional or local sites C11 Tree Preservation Orders To be superseded by future Local Plan - Development Management Policies C12 Coastal development Superseded by Core CS8.5 establishes the approach towards coastal areas Strategy Policy CS8.5 C13 Buildings of historic interest Superseded by Core CS8.6 sets out the approach towards the historic environment C14 “Heritage” properties viewed by the Strategy Policy CS8.6 public
29 Sixth Revised Version of the Local Development Scheme [March 2013] C15 Listed Buildings and their Settings To be superseded by C16 Control of Development future Local Plan - affecting Conservation Areas Development Management Policies C17 Article 4 Direct ions NOT SAVED BY SECRETARY OF STATE C18 Satellite Dishes To be superseded by C19 Sites of Archaeological Interest future Local Plan - Development C20 Historic Landscapes Management Policies Page 108 C21 Derelict Land C22 Flood risk Superseded by Core CS8.8 sets out a policy framework for flood risk Strategy Policy CS8.8 C23 Tidal and River Defences To be superseded by C24 Watercourses and Coastal Margins future Local Plan - Development Management Policies C25 Renewable energy Superseded by Core CS8.7 sets out a policy framework for renewable energy Strategy Policy CS8.7 C26 Wind Energy To be superseded by * C27 missed due to numbering error future Local Plan - C28 Hydro Electricity Development Management Policies C29 Slurry C30 Solar Powe r
30 Sixth Revised Version of the Local Development Scheme [March 2013] C31 Cumulative Impact of Renewable Energy projects Leisure and Recreation L1 Playing fields and recreational Superseded by Policy CS8.3a and CS8.3b sets out a policy framework f or open space, sport and facilities Framework set out in recreation facilities L2 Allotments Core Strategy Policies CS8.3a, CS8.3b Sites to be identified in Local Plan - Land Allocations L3 Provision of new facilities L4 New Leisure Schemes Leisure allocations to be reviewed through Local Plan - Land Allocations Between Kendal Leisure Centre and Implemented
Page 109 Parkside Road, Kendal East of Appleby Road, Kendal Unimplemented North of Mayfield Avenue, Holme Unimplemented L5 Village Halls To be superseded by L6 Golf Courses and Driving Ranges future Local Plan - within the AONB Development Management Policies L7 Golf Courses and Driving Ranges and A rnside Silverdale elsewhere. Local Plan L8 Provision of Club Houses and Car Parking L9 Equestrian Development L10 Rights of Way
31 Sixth Revised Version of the Local Development Scheme [March 2013] L11 Disused Railway Lines L12 Lancaster Canal Transport Tr1 Development likely to impact on Superseded by Core CS10.1 and CS10.2 set out a strategic framework for improving accessibility trunk roads Strategy Policies CS10.1, and managing the transport impact of n ew development and CS10.2 Tr2 Safeguarding Land for Transport Review need for No reservations at present time Infrastructure Improvements transport reservations through Local Plan - Land Page 110 Allocations and Canal Head Local Plan Tr3 Traffic management Superseded by Cor e CS10.1 and CS10.2 set out a strategic framework for improving accessibility Tr4 Traffic calming Strategy Policies CS10.1, and managing the transport impact of new development and CS10.2 Tr5 Town Centre Car Parking To be superseded by future Local Plan - Development Management Policies Tr6 Car Park, Kirkby Lonsdale NOT SAVED BY SECRETARY OF STATE Tr7 Opportunities for pedestrians Superseded by Core CS10.1 and CS10.2 set out a strategic framework for improving ac cessibility Tr8 Opportunities for cyclists Strategy Policies CS10.1, and managing the transport impact of new development and CS10.2 Tr9 Better ways to School To be superseded by
32 Sixth Revised Version of the Local Development Scheme [March 2013] future Local Plan - Development Management Policies Tr10 Travel plans Superseded by Core CS10.1 and CS10.2 set out a strategic framework for improving accessibility Strategy Policies C S10.1, and managing the transport impact of new development and CS10.2 Standards for New Development S1 Planning obligations and planning Superseded by Core CS9.2 covers developer contributions briefs Strategy Poli cy CS9.2 S2 South Lakeland Design Code To be superseded by
Page 111 S3 Landscaping future Local Plan - Development Management Policies S4 Important Open Space Open Spaces to be identified in Land Allocations document and A rnside Silverdale Local Plan . Policy approach to be set out in Local Plan - Development Management Policies S5 Open space Superseded by Core CS8.3a and CS8.3b sets out a policy framework for open space, sport and S6 Children’s play space Strategy Policies recreat ion facilities CS8.3a, CS8.3b
33 Sixth Revised Version of the Local Development Scheme [March 2013] S7 Road provision and design Superseded by Core CS10.1 and CS10.2 set out a strategic framework for improving accessibility S8 Footpath provision and design Strategy Policy CS10.1, and managing the transport impact of new development CS10.2 S9 Cycleways S10 Parking Provision in new To be superseded by Development future Local Plan - Development Management Policies S11 Provision for disabled people Superseded by Core CS10.1 and CS10.2 set out a strategic framework for improving accessibility Strategy Policy CS10.1, and managing the transport impact of new development Page 112 CS10.2
S12 Crime and Design To be superseded by future S13 Security Measures in Town Centre s Local Plan - Development Management Policies S14 Shop Fronts S15 External Blinds S16 External Cashpoint Machines S17 Energy conservation Superseded by Core Strategy CS8.7 sets out a policy framework for renewable energy Policy CS8.7 S18 Trees Close to Buildings To be superseded by futu re S19 Percent for Art Local Plan - Development Management Policies S20 Control over Advertisements S21 Areas of Special Control of
34 Sixth Revised Version of the Local Development Scheme [March 2013] Advertisements S22 Advance Directional Signs S23 Agricultural Buildings S24 Temporary Buildings S25 Kirk bie Kendal Lower School Implemented S26 Sewage Treatment and Disposal To be superseded by future S27 Overhead Lines Local Plan - Development Management Policies S28 Telecommunication Masts and Equipment
Page 113 S29 Waste Recycling Facilities
35 Sixth Revised Version of the Local Development Scheme [March 2013] Supplem entary Planning Guidance North Lonsdale Road Ulverston Reviewed through land allocations process Planning Brief Lund Farm Ulverston Planning Brief Development Implemented South East Milnthorpe Station Reviewed through land allocations p rocess Planning Brief Low Mill Tannery Development Brief Development Implemented Ulverston Canal Master Plan Reviewed through land allocations process Page 114
36 Sixth Revised Version of the Local Development Scheme [March 2013] Appendix 3 (a)
TIME LINE PROCESS AONB INFRASTRUCTURE VIABILITY STUDY HIGHWAYS MAIN GYPSIES AND MATTER 2 ISSUES LOCAL DEVELOP- STATEMENT WORK MODIFICATIONS TRAVELLERS MENT SCHEME 3/12/12 1: ADDITIONAL AGREEMENT ON CONTINUING BRIEF BRIEF FINALISE AGREEMENT HOUSING LAND TIMETABLE FOR EVIDENCE JOINT PLAN WITH ENGAGEMENT EXISTING WITH OTHER SUPPLY UPDATE PROGRESSING 10/12/12 GATHERING LANCASTER AND WITH PROPOSED AUTHORITIES ON OTHER LOCAL POPULATION 17/12/12 KEY INFRASTRUCTURE MAIN PROGRESS AND PLAN PROCUREMENT PROCUREMENT PROJECTIONS STAKEHOLDERS PROVIDERS TO MODIFICATIONS TIMETABLE FOR DOCUMENTS 24/12/12 UPDATE XMAS MAP OUT SCOPE REFINE AND AND POSITION KENDAL CANAL AND TIMETABLE UPDATE STATEMENT STATEMENTS OF 31/12/12 HEAD; INFRASTRUCTURE COMMON 7/1/13 NEEDS GROUND DEVELOPMENT DRAFT MAIN PREPARATION OF PREPARATION OF ANY MANAGEMENT 14/1/13 MODIFICATION DRAFT STUDY STUDY ADDITIONAL QUERIES ON POLICIES INFRASTRUCTURE MODIFICATIONS MATTERS OF 21/1/13 POSITION ARISING OUT OF DETAIL DEVELOPMENT STATEMENT AND 28/1/13 STUDIES BRIEFS DELIVERY PLAN 4/2/13 DRAFT MAIN COMMUNITY
MODIFICATION INFRASTRUCTURE 11/2/13 LEVY 18/2/13 ARNSIDE/ IDENTIFY PUBLICATION OF INCORPORATE SILVERDALE PLAN Page 115 25/2/13 COMMUNITY STUDY INTO LOCAL INCORPORATE INFRASTRUCTURE DEVELOPMENT 4/3/13 2: ANALYSIS AND PUBLICATION OF GYPSY AND INTO SLDC and LEVY PROJECTS FURTHER STUDY CONSIDERATION PUBLICATION SCHEME TRAVELLER PLAN LANCASTER LOCAL OF CHANGES OF MAIN 11/3/13 CHANGES PUBLICATION OF DEVELOPMENT CONSIDERATION MODIFICATIONS STATEMENT 18/3/13 SCHEMES OF CHANGES LIST APPROVAL OF 3: COUNCIL AND SOUTH LAKELAND APPROVAL OF 25/3/13 LOCAL DEVELOP- - PREPARATION APPROVALS MODIFICATIONS 31/3/13 MENT SCHEME PUBLICATION OF 1/4/13 PAPERS 4: LANCASTER CITY CONSULTATION 8/4/13 MODIFICATIONS COUNCIL ON MAIN CONSULTATION 15/4/13 APPROVALS MODIFICATIONS 4 WEEKS 22/4/13
29/4/13
6/5/13
13/5/13
20/5/13 HEARINGS
27/5/13
Page 116 Appendix 3 (b)
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Dan Hudson Simon Berkeley – Inspector BSC (hons) MRTPI c/o Programme Officer, Mrs Gillian Dobson, Development Strategy Manager c/o South Lakeland District Council, South Lakeland House South Lakeland House, Lowther Street Lowther Street, Kendal Kendal, Cumbria LA9 4DL Cumbria LA9 4DL Tel: 01539 733333 Fax: 01539 717355
e-mail: [email protected] _ www.southlakeland.gov.uk _
Our Ref: 60.12.43 (04) Contact: Mr D Hudson Ext: 7361 Your Ref: Date: Monday 11 th February 2013
Dear Mr Berkeley,
SOUTH LAKELAND LAND ALLOCATIONS DEVELOPMENT PLAN DOCUMENT INDEPENDENT EXAMINATION
1. Thank-you for your letter of 19 th November 2012, for your agreement to a suspension of the hearings and for your communicating your concerns about soundness in relation to the site selection process adopted in the Arnside and Silverdale Area of Outstanding Natural Beauty (AONB). (Note although this is a formal letter, I have departed from convention and numbered the paragraphs to assist future discussions and hearing sessions).
Introduction 2. I should like to set out South Lakeland District Counci l (SLDC)’s proposed approach to achieving the resumption of the hearings. As advised in my previous letter of 16 th November, SLDC had identified a need to carry out a viability study to address plan-wide viability issues raised by the National Planning Policy Framework ( NPPF ) and related guidance. The viability study also necessitates some additional work on highways and infrastructure. In addition, you raised c oncerns about the Arnside and Silverdale AONB and the Council’s approach to planning for gypsies and travellers. The key issues are: The Arnside and Silverdale AONB and your concerns about the approach used to site selection and, in particular, the Counc il’s decision to apply its standard site size threshold to allocations within the Arnside and Silverdale AONB; Infrastructure Delivery Planning – At the hearings, the Council was requested to present its evidence on infrastructure needs in the form of an infrastructure delivery plan tabulating the highways, education and water and sewerage infrastructure needs and the proposed means of addressing these; The Plan-wide Viability issue raised by the NPPF and subsequent good practise advice published in the Housing Delivery Group (Harman) Report in June 2012;
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The need for additional evidence on local highways and, in particular, independent verification of County Highways evidence on site access. The need for additional evidence on Gypsies and Travellers to address gypsy and traveller needs towards the end of the plan period and a means of allocating sites to meet identified future needs in the latter phases of the plan period in line with the Government’s Policy for Traveller Sites ; The timetabling of work following adoption of the Land Allocations Development Plan Document (DPD) including Arnside and Silverdale work, the programme of Development Briefs, the proposed Community Infrastructure Levy (CIL) charging schedule, Development Management Policies, Kendal Canal Head, arrangements for bringing forward the ‘broad locations’ and the timetabling for bringing forward a successor Local Plan which will replace all of the above. Miscellaneous issues which have arisen during the hearings. These are listed in Para 38 below. _ _ 3. I will explain how SLDC proposes to address each of these issues in turn. I will then explain the Action Plan (attached as Appendix 1). We hope that this timetable will enable the hearings to re-commence in May 2012 to consider the outstanding issues of viability, highways and other infrastructure and the approach to the Arnside and Silverdale AONB. We will, as requested, provide updates to you to actions identified in the Action Plan on a monthly basis. We will by 29 th March, publish the additional evidence on viability, highways and other infrastructure as well as a complete list of proposed main modifications.
The Arnside and Silverdale AONB 4. As you know, the submitted Land Allocations document (SLA01*) proposes the following allocations within the Arnside and Silverdale AONB;:
Housing Allocations LAND AT STATION ROAD, ARNSIDE (17 dwellings) – Arnside Parish LAND AT HOLLINS LANE, ARNSIDE (34 dwellings) – Arnside Parish LAND AT REDHILLS ROAD, ARNSIDE (30 dwellings) – Arnside Parish LAND AT QUARRY LANE, STORTH (31 dwellings) – Beetham Parish
Employment and Mixed-use Allocations LAND AT SANDSIDE ROAD, ARNSIDE (0.66 ha (0.2 ha of employment)) – Arnside Parish LAND AT QUARRY LANE, SANDSIDE (1.26 ha) – Beetham Parish LAND AND BUILDINGS ADJACENT TO DALLAM TIMBER YARD (0.38 ha) – Beetham Parish
Total proposed allocations within the Arnside and Silverdale AONB are sites with an estimate capacity of 112 dwellings and 1.84 ha of employment land between now and 2025. In addition, some employment and housing needs will be met through development on small sites (currently estimated at 11 dwellings) and development within small villages and hamlets.
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5. You raised specific concerns about the Arnside and Silverdale AONB which is an area of national landscape importance. In particular you were concerned that the use of a site threshold of 0.3 ha (as used elsewhere in the District) had resulted in proposals to allocate sites with amenity value within the AONB which might be avoidable if a smaller site threshold were used. In this context, you encouraged South Lakeland to collaborate with Arnside Parish Council, the Arnside and Silverdale AONB Partnership and others.
6. In response to this concern, SLDC has had discussions with key Arnside and Silverdale AONB stakeholders including Arnside Parish Council, Arnside Parish Plan Trust, Beetham Parish Council, the Arnside and Silverdale AONB Management Unit, Lancaster City Council and Russell Armer homes who are the prospective developers of two of the three proposed housing allocations in Arnside. SLDC has identified four possible ways forward to address the issue. These are: _ Option 1 – Review existing proposed allocations within the Arnside and Silverdale _ AONB and work up additional sites within the existing Land Allocations Development Plan Document process; Option 2 – Delete allocations within the Arnside and Silverdale AONB and make compensatory allocations elsewhere; Option 3 – Delete allocations within the Arnside and Silverdale AONB and identify it as an area within which Parish Councils will bring forward development through Neighbourhood Planning powers under the Localism Act; Option 4 – Delete allocations and prepare, in partnership with Lancaster City Council, a Local Plan for the whole Arnside and Silverdale AONB;
Option 1 – Work up additional sites within the existing Land Allocations document process 7. This option would be to attempt to identify and allocate sites as proposed modifications to the existing Land Allocations Development Plan Document (DPD) suspension period. This process would have to be completed by November 2013 to meet the maximum period of one year for a plan suspension. It would entail
Initial Stakeholder engagement on the scoping of the exercise; The identification of sites – whilst the Strategic Housing Land Availability Assessment identifies some small sites, more have been identified by the Parish Council and the Parish Plan trust in Arnside and it may be necessary to conduct a more detailed site search exercise in Sandside/Storth or an additional call for sites exercise; Either the application of the site evaluation process identified in SLDC’s Matter 1.6 Response or the development of a methodology specific to the Arnside and Silverdale AONB; Site assessment including confirmation of ownership and availability , stakeholder engagement to assess access and servicing and other known constraints; Application of the sequential test to flood risk; Assessment of site viability and deliverability ; Sustainability Appraisal and Habitat Regulations assessment; Stakeholder engagement and consultation on site options ; An SLDC decision on preferred site options ;
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Publication and consultation of a proposed main modification to the preferred site options.
8. The advantages of this approach are that it would maintain the current integrity of the Land Allocations document, provide confidence that development to meet needs identified within the Arnside and Silverdale AONB will be delivered, deliver development within a spatial area which reflected the local economy and workplace and movement patterns, ensure consistency with the Core Strategy, keep the same number of Local Plan documents, provide for the earliest possible independent assessment of the impacts of allocations on the Arnside and Silverdale AONB and assure the Secretary of State that difficult and controversial decisions were not being postponed or deferred.
9. The steps identified in Option 1 however would take a long time to carry out and there is a significant risk that it may not be possible to complete them in time for the resumption of _ hearings in November 2013. If this were not possible, it would be necessary to withdraw an d _ re-submit the Land Allocations document resulting in even greater delays. This would have serious implications for the timely delivery of new housing and employment across the remainder of the Local Plan area and increase the risk of uncontrolled development driven by the application of the ‘Presumption in Favour of Sustainable Development’.
10. An opportunity would also be missed to develop an approach to the Arnside and Silverdale AONB which had a focus on the AONB itself, which could develop a consistent approach across the whole AONB, which could integrate allocations with development strategy policies and which could be brought forward in parallel with the AONB Management Plan. Option 1 would result in the development of policies affecting an area of national landscape importance with an urgency driven by wider strategic imperatives that could result in a sub- optimal outcome for the Arnside and Silverdale AONB itself.
Option 2 - Do not allocate sites within the Arnside and Silverdale AONB
11. This option would entail the publication of main modifications which would delete all land allocations within the Arnside and Silverdale AONB and make provision for the 121 dwellings proposed in other Local Service Centres in the Kendal Rural South Housing Market Area (Burneside, Burton, Endmoor, Holme, Levens, Natland and Oxenholme). The process to deliver this would be Assessment of additional capacity within Local Service Centres Any necessary site assessment, sustainability appraisal and viability work; Consultation with the affected communities Publication and approval of a proposed main modification proposing the deletion of Arnside and Silverdale AONB sites and any necessary extensions to other proposed allocations, additional allocations and revised capacity estimates; Further consultation.
12. This approach would ostensibly minimise the impact of development on an area of national landscape importance. The policy framework in the Core Strategy would provide a basis for considering applications on small sites thought the Development Management process.
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13. However, in addition to the scope and community acceptability of meeting needs elsewhere, the Strategic Housing Market Assessment and the Arnside and Beetham Parish Needs surveys clearly indicate that there are development needs which originate within the Arnside and Silverdale AONB. Arnside is the fourth largest settlement in the Local Plan area and Storth-Sandside is also a major settlement. Whilst SLDC considers that the development management process is an appropriate approach in terms of development in small villages and hamlets, in the context of major settlements with high levels of identified need, planning positively entails identifying and bringing forward sites to meet those needs. Accordingly SLDC has concerns about the soundness of such an approach. There is also a risk that if identified needs within the Arnside Silverdale AONB are not met, development could take place in an uncontrolled way to the detriment of the AONB.
Option 3 – Parish Councils to work up allocations in the Arnside and Silverdale AONB through Neighbourhood Plans
_ 14. In earlier representations, Arnside Parish Council and Arnside Parish Plan Trust made _ representations suggesting that no allocations be made in Arnside whilst the Parish brought forward a neighbourhood plan. Indeed an embryonic Parish Plan including proposed allocations was put forward in evidence to the examination by Arnside Parish Council and referred to in your letter. This would effectively create a plan with ‘holes’ in it. No allocations would be made within Parishes which have prepared, or are preparing, neighbourhood plans. Clearly, under the Localism Act, Arnside and Beetham Parish Councils both have ‘deemed’ Neighbourhood Planning Body status under the act and could, if they so wished, bring forward their own Neighbourhood Plans at any time. The process would be as follows;
SLDC to submit and approve a proposed main modification deleting proposed allocations within the Arnside and Silverdale AONB and setting the strategic context for a Neighbourhood Planning exercise: Arnside and Beetham Parish Councils (together or individually) to make (an) application(s) to prepare (a) neighbourhood plan(s) and define the plan area(s); SLDC to consult on application(s) by Parish(es) to prepare Neighbourhood Plan(s); SLDC to determine application(s) by Parish(es) to prepare Neighbourhood Plan(s);; Parish Councils to work up and consult on plan(s) with support from SLDC; Parish Councils to submit plan(s) to SLDC for Independent Examination; SLDC to organise consultation on submitted plan(s) SLDC to sign off plan(s) as compliant with the Strategic elements of the Local Plan SLDC to organise Independent Examination Examiner to examine plan for strategic conformity and EU and legal compliance; (in the event of soundness finding) Parish Councils to request referendum(s) (in the event of a ‘yes’ vote) Plans to be adopted into SLDC Development Plan.
15. This would have some merit in enabling local communities to make decisions, taking advantage of the detailed local knowledge that only they have. It could build on work already undertaken. It could enable a far more locally based approach to community engagement, encourage communities to take ownership of difficult decisions and build consensus around the allocations
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16. However for this to be a sound approach, it would require a very high level of commitment from both Parishes. Arnside Parish Council has voted in favour of Option 4 (below) whilst Beetham Parish Council have to date not expressed an intention to prepare a neighbourhood plan. So this option is not favoured by the parishes. As can be seen in Para 14 above, the process is a long and demanding one. In addition, the considerations imposed by the nationally importance of the area would impose exacting demands in terms of assessing landscape impacts. The potential impacts on the Morecambe Bay and Morecambe Bay Pavements Natura 2000 sites within the Arnside and Silverdale AONB as well as numerous Sites of Special Scientific Interest and other sites of biodiversity and landscape importance could raise complex Sustainability Appraisal and Appropriate Assessment issues. Other concerns include the question of consistency across the Arnside and Silverdale AONB.
17. In addition, the position of Beetham Parish is compounded by an unusual parish geography _ including Beetham and Sandside (within the Arnside and Silverdale AONB) and Whassett _ (near Holme) and Farleton (near M6 Junction 36) outside it. Any Neighbourhood Plan structure for Beetham would have to adopt different approaches for parts of the parish inside and outside the Arnside and Silverdale AONB and differentiate between needs within the two parts of the Parish at a very local level.
18. In terms of deliverability, neighbourhood plans, particularly those which allocate sites, are by definition, vulnerable to a ‘no’ vote in a referendum. In this eventuality, any allocations brought forward would not have Development Plan status and could not be relied upon to deliver.
Option 4 – The Preparation of a joint Local Plan for the whole Arnside and Silverdale AONB in partnership with Lancaster City Council
19. For some time the Arnside and Silverdale AONB Partnership, on which are represented South Lakeland District Council, Lancaster City Council (LCC), Cumbria and Lancashire County Councils, Parish Councils, Natural England, Environment Agency and land owning and local business interests, has been advocating the preparation of a single plan for the Arnside and Silverdale AONB which would establish a consistent approach to allocations and development across both local planning areas. At the same time, through discussions on the Duty to Co-operate, a request was received from Lancaster City Council (LCC) to commit to the preparation of a Supplementary Planning Document. The opportunity exists to build on these factors together wi th the issues with South Lakeland’s land allocation process to prepare a local plan which would deliver land allocations and development management policies on a consistent basis. The process necessary to achieve this would be; A proposed main modification to the Land Allocations Document which deletes the allocations and contains a commitment to the preparation of a joint Development Plan Document (DPD) including scope, timescale and the scale of development to be accommodated within the South Lakeland part of the Arnside and Silverdale AONB; Stakeholder engagement to assess the degree of support for the approach; A memorandum of understanding between LCC and SLDC committing both councils to the preparation of a joint Local Plan and setting out the scope, quantum of development and timescale; The inclusion of a timetable for the preparation of the joint Local Plan in the Local Development Schemes of SLDC and LCC;
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The establishment of a protocol on decision making and the resolution of disagreements; The agreement on scoping and EA and AA methodology Assembly of a joint evidence base Issues and options consultation Agreement by SLDC and LCC on preferred options Preferred Options consultation Agreement by SLDC and LCC on publication and submission Independent Examination Adoption.
20. A joint local plan would be an innovative approach. It would necessarily be challenging and would require strong commitment from both authorities and other key stakeholders. The procedural steps present significant challenges. The timetable for the plan will have to be _ set out in SLDC’s and LCC’s Local Development Schemes, SLDC and LCC would have to _ agree each stage, consultation would have to comply with SLDC and LCC‘s Statements of Community Involvement, the evidence base would have to be consistent, there would have to be agreement on the approach to sustainability appraisal, appropriate assessment and viability assessment.
21. The advantages of this approach would be to deliver a plan whose focus was on the Arnside and Silverdale AONB. It would ensure that a consistent approach to site selection was adopted across the AONB. A separate local plan would offer the opportunity to develop area specific viability evidence, area specific approaches to site selection, development management, design, .affordable and local needs housing and close working with Arnside and Silverdale AONB communities all of which would result in a plan which was better able to conserve the landscape and its communities. It is also worth noting that the Arnside and Silverdale AONB Management Plan is currently being reviewed and there is an obvious opportunity to run both processes in parallel. It would represent best practise in terms of Duty to Co-operate and would enable a more localised basis for plan making with far greater scope for community engagement.
22. Whilst the AONB does not reflect Housing Market Area boundaries, being split between the Kendal Rural South Housing Market Area and the Lancaster Housing Market Area. It is peripheral to both. The other areas of national landscape importance in South Lakeland District, the Lake District and Yorkshire Dales National Park are also unrelated to Housing Market Area or Local Authority boundaries and are nonetheless considered to be a rational spatial basis for development planning based on their identified landscape characteristics. The spatial logic is that within nationally important landscape areas the conservation of the special characteristics are the primary planning consideration, elsewhere they are not. It is worth noting that the NPPF draws no distinction between National Parks and AONBs. It is worth noting that the Arnside and Silverdale AONB boundaries were reviewed as part of the early stages of the Lakes to Dales project.
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Conclusions 23. The stakeholder engagement on the four options was as follows. Arnside Parish Council – strongly in support of Option 4. Parish Council resolution in support of Option 4 passed December 2012; Arnside Parish Plan Trust – support for Option 4; Beetham Parish Council – support for Option 4; Lancaster City Council – Officer level support for consistent approach to AONB; Arnside and Silverdale AONB Management Unit – support for Option 4; Russell Armer Homes – Reservations about Option 4 in terms of relationship with Housing Market Areas but if Option 4 is to proceed then it is essential to set a development target;
24. Whilst Option 1 has some attractions, f rom SLDC’s point of view and from the view of the local communities and the Arnside and Silverdale AONB unit, such an approach would be _ sub-optimal, both in terms of achieving the best possible plan for the Arnsi de and Silverdale _ AONB and in terms of achieving the speediest possible resolution of the Land Allocations process and delivering the housing and employment land which is needed to meet wider strategic needs across the District. Option 2 would raise serious soundness concerns and found no support in the engagement process. Option 3 raises significant questions about deliverability. Option 4, a separate local plan would offer the opportunity to develop specific viability evidence, specific approaches to affordable and local needs housing and close working with AONB communities all of which would result in a plan which was better able to conserve the landscape and its communities. For all of the above reasons, SLDC considers that Option 4 is the best option for both Districts and for the Arnside and Silverdale AONB and will in the coming weeks be working with Lancaster City Council to work through the details. As a first step, both Councils are co-operating on the review of their Local Development Schemes. These will map out the timetable and key steps for the AONB Local Plan.
Viability Study 25. The second area where additional re-enforcement of evidence is needed is on plan-wide viability. As you know, the land allocations document was published before the simplification of Planning Policy in the NPPF and submitted before publication of the ‘ Harman ’ guidance on plan-wide viability. As can be seen, from the soundness self assessment document (SLA15), SLDC carried a viability study to underpin the Core Strategy and for most of the key sites the prospective developers have confirmed that the sites are viable in their view. One exception is where a land owner is seeking a higher value retail use on a strategic employment site.
26. It has become clear that additional work is necessary to satisfy the requirements of the NPPF in the light of the Harman report. As you are aware, SLDC’s 2012 Local Development Scheme (SLA11) contains a commitment to introduce a Community Infrastructure Levy (CIL) and one of the key milestones identified was the preparation of a Viability Study. As you know the CIL is an important component of SLDC’s infrastructure delivery strategy.
27. SLDC has therefore commissioned consultants to carry out a three part viability study looking at the following elements;
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An assessment of Plan-wide viability – which will, in line with NPPF Paragraphs 173- 175, assess whether the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. It will also assess the likely cumulative impacts on development of existing and proposed local standards and whether these will, when added to nationally required standards, put implementation of the plan at serious risk; Examining and quantifying the scope for a CIL ; Looking at specific sites where viability has been called into question;
28. Viability consultants, Drummond-Hay Planning and Development have been commissioned to carry out the study. An inception meeting was held on January 29th and completion of the _ study is scheduled for mid March 2013. _ Highways work 29. Following questioning of evidence given by the County Highways authority, SLDC considers that additional re-assurance is needed on the deliverability of the sites in highways terms. Additional highways work has been commissioned. This is focussing on three specific areas, namely;
An independent review of site access evidence provided by Cumbria County Council as Highways Authority; Additional work on the cumulative impact of allocations in the Grange-Cartmel peninsula ; Possible outline designs on selected specific sites ;
30. Planning and Highways consultants AECOM have commenced this work and are due to report at the end of February in order for the initial findings of this study to feed into the Viability Study and Infrastructure Position Statement.
Infrastructure Delivery Plan 31. There is an outstanding commitment from the previous hearings to prepare an Infrastructure Statement presenting infrastructure evidence on a settlement by settlement basis and setting out strategic requirements for education, highways, water and sewerage which are critical to the delivery of the plan and the strategy for delivery.
32. As you are aware, as part of the Government’s simplification of the planning system, amendments to the CIL regulations and guidance published in December 2012 introduce significant additional requirements including the introduction of a clear thread between plan making evidence on Infrastructure need, evidence on the aggregate infrastructure gap, that proves the need for CIL and the Regulation 123 list that sets out the charging authorities spending plans; the need to explain, at examination, how CIL and S106 will operate when a CIL has been adopted; the requirement to collaborate with county councils in two tier areas on setting the rate, and agreeing CIL spending priorities;
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33. There is a close linkage between the Viability, Highways and Infrastructure work streams. SLDC will present an Infrastructure Delivery Plan which will ultimately also form the basis of a CIL Regulation 123 statement. It will explain the relationship between CIL and planning obligations. SLDC is engaging with Cumbria County Council to work this up and it is expected to be completed in early March.
Gypsies and Travellers 34. You raised an issue in relation to the soundness of the Land Allocations DPD in terms of the Government’s simplified Policy for Traveller sites . The concern was that the existing evidence base on Gypsy and Traveller needs did not address the latter part of the plan period and that, in the absence of such evidence, it could not be concluded that the plan provided for sites to meet identified needs. In response to this issue, SLDC proposes the following;
_ _ SLDC will, in partnership with Cumbria County Council and such other Cumbrian authorities as may be prepared to co-operate, deliver, an updated Gypsies and Travellers Accommodation Assessment to identify Gypsy and Traveller needs for the Period 2013 to 2025 within South Lakeland District, the study to be completed by the end of calendar Year 2013; Following the needs identified in that study, to prepare and adopt a subject specific Development Plan Document which will o review, update and ,if necessary, supersede Policies CS6.5a and CS6.5b of the South Lakeland Core Strategy which relate to Gypsy, Traveller and Travelling Show People sites; o drawing on needs identified in that study, set pitch targets for gypsies and travellers and plot targets for travelling showpeople which address the likely permanent and transit site accommodation needs of travellers in their area, o identify a supply of specific deliverable sites sufficient to provide five years’ worth of sites against locally set targets for the period 2016-2021 Adopt that document by the end of Calendar Year 2014. Preparing an updated Local Development Scheme by March 2013 which will set out the timetable and key stages in the preparation of the said document.
35. SLDC proposes that the text set out above be added to Paragraph 2.36 of Land Allocations Development Plan Document as a main modification. SLDC will also table a Statement of Common Ground which will set out the commitment of other Cumbrian authorities to the new needs study.
Local Development Scheme 36. SLDC is also preparing an updated and modernised Local Development Scheme. This will set out timetables and key dates for the following;
Local Plan - Land Allocations Local Plan - Development Management Policies Local Plan – Canal Head Area Action Plan Local Plan – CIL Charging Schedule Joint Local Plan – Arnside and Silverdale Area of Outstanding Natural Beauty
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Local Plan – Gypsy and Traveller Needs Local Plan Supplementary Planning Documents – Development Briefs
37. Although the Local Development Scheme is only required to cover a three year period, the refreshed scheme will run to 2021. In addition to the documents identified above, it will set out the timescale for a single Local Plan covering the period 2021-2036 to be adopted in 2021 which will supersede the current tranche of former Local Development Framework local plans and will provide the means by which the Broad Locations will be brought forward.
Miscellaneous Issues 38. There are a number of other issues which have been raised in the course of the hearings including Updated position on population projections; Updated position on 5 Year supply and assumptions; _ Updated position on employment land supply and implications of proposed Permitted _ Development changes on office buildings; Statement of Common Ground with How Planning in relation to land at Lightburn Road, Ulverston Statement of Common Ground with Walker Morris and United Utilities in relation to sewerage issues in North Kendal Statement of Common Ground in relation to Sustainability Appraisal on sites south of Ulverston Note on how community views have been taken into account in the site selection process; Note on the Sustainability Appraisal process; Note on access and availability issues related to land south of Quarry Lane, Storth (M683sM-mod) Note on access issues and the Development boundary related to land at Union Street Ulverston; Note on Issues of Probity raised by Mr, Tom Woof in connection with Endmoor; Proof of ownership of proposed housing allocation at Burneside Tennis Club (M38M); Confirmation of delivery of pedestrian route to Land rear of Barn Hey, Allithwaite (RN224, RN195, RN86), Confirmation of availability of Employment allocation at Station Road, Cark; Statement in relation to the putative need for an Athletics Track in Kendal;
39. Many of these have already been resolved and position statements on all of them will be published before consultation commences on proposed main modifications in April.
Action Plan 40. All of the work streams explained ab ove are incorporated within SLDC’s Action Plan (attached). This sets out the timetable for the proposed actions. It is hoped that these will enable the hearings to recommence in May 2013. The 5 key phases of work are as follows:
STAGE 1 - ADDITIONAL EVIDENCE GATHERING (December 2012-Mid Feb 2013) Identification of additional evidence needs;
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Preparation of Briefs for studies; Procurement of consultants; Preparation of studies; STAGE 2 - ANALYSIS (Mid Feb-Mid March 2013) Analysis of study conclusions; Assessment of need for main modifications Drafting of main modifications Any necessary Sustainability appraisal arising out of proposed modifications; Finalising of Local Development Scheme; STAGE 3 – COUNCIL APPROVALS (26 th March 2013) Council consideration of proposed modifications; STAGE 4 – CONSULTATION ON MODIFICATIONS (April 2013) Consultation on proposed modifications – 4 weeks; Response to issues arising out of consultation; _ STAGE 5 – RESUMPTION OF HEARINGS _ Resumption of hearings. (May 2013) to consider Arnside and Silverdale AONB, Highways and Infrastructure, viability and other Matter 2 issues.
Based on the above timetable, I will submit monthly reports on progress as requested in your letter... Yours Sincerely
Dan Hudson BSC (hons) MRTPI Development Strategy Manager
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PART I
South Lakeland District Council FULL COUNCIL Meeting Date: 26th March 2013 Report Author: Alan Raven – Revenues & Benefits Manager Portfolio: Policy, Performance and Resources Report from: Assistant Director (Resources) and Section 151 Officer Wards affected: All Key Decision: Not Applicable Key Decision Not Applicable Notice: Council Tax Premium – Policy Guidelines for Determining Local Exceptions 1.0 PURPOSE OF REPORT 1.1 On 18 th December 2012 and 28 th February 2013 Full Council agreed the introduction of a Council Tax Premium for dwellings that have been vacant for longer than two years subject to statutory and locally determined exceptions. This report is presented to approve the guidelines for the locally agreed exceptions. Cabinet will consider the report on 20 th March 2013 and any amendments to the policy guidelines will be reported at this meeting. 2.0 RECOMMENDATIONS It is recommended that subject to any amendments made by Cabinet on 20 th March 2013: (1) the policy guidelines set out in Appendix 1 to this report be used when determining applications for exceptions to payment of the Council Tax Premium for properties that have been vacant for more than two years; and (2) delegated authority be given to the Assistant Director (Resources) and Section 151 Officer to make any necessary minor revisions to the policy guidelines following receipt of government guidance (3) the policy guidelines be reviewed in 2013/2014 in conjunction with the general review of discounts.
Page 129 3.0 BACKGROUND 3.1 The Local Government Finance Act 2012 inserts Section 11B in the Local Government Finance Act 1992 which gives Local Authorities discretion to determine higher amounts of Council Tax, commonly referred to as a premium, for properties that have been vacant for at least two years. Full Council has previously decided to apply the premium in this District from 1 st April 2013. 3.2 The replacement of Council Tax Benefit with the Council Tax Reduction Scheme and the 10% reduction in government grant to fund the new scheme meant the Council had to look at ways to fund the shortfall without increasing the Council Tax for those who are vulnerable. Reducing Council Tax discounts on second homes and empty properties and introducing the Council Tax premium meant the vulnerable could be protected from Council Tax increases. It was also considered that applying the Council Tax premium may also persuade owners of long term empty properties to make them available for occupation. 3.3 In the autumn of 2012, Central Government issued a consultation paper “Determining the circumstances in which dwellings should not be liable to pay the empty homes premium”. This paper set out three likely scenarios where there would be a statutory exception to the premium but when the results of the consultation were published there were to be only two statutory exceptions. These are for dwellings which would be the main residence of a person were it not for job-related accommodation for the purposes of the armed forces or if they are annexes forming part of a single property. 3.4 The third category that the Government consulted on was that the premium should not be chargeable where owners are making genuine efforts to sell or let their properties. Consultation responses expressed strong concerns about this proposal particularly that it would prove difficult to administer in assessing and monitoring the properties which should be liable to the premium. 3.5 As a result the following statement was included in the consultation outcome “The Government has carefully considered the concerns raised and has decided not to prescribe for this circumstance in the secondary legislation. However, the Government still believes that properties genuinely on the market for sale or letting should not be liable for the Premium and will instead issue guidance to help authorities reflect the state of the local housing market in their decision making process for administering the premium.” 3.6 Government guidance is still awaited but the Council now needs to determine the policy guidelines for local exceptions to payment of the Council Tax Premium so it is able to provide advice and deal promptly with any applications following the issue of 2013/2014 Council Tax bills this month. 4.0 RESEARCH AND CONSULTATION 4.1 A major public consultation exercise was undertaken by the Council from August to October 2012 seeking views on the proposed Local Council Tax Reduction Scheme and changes to Council Tax discounts including the introduction of the Council Tax Premium. General comments were also invited. 4.2 Essentially Council Tax Benefit Claimants, Council Tax Payers and the Voluntary/ Community Sector agree that an additional Council Tax charge of up to 50% should be made for properties which have been empty for two years or
Page 130 more. Second home owners and empty home owners disagree. However the results show that on the whole Council Tax Payers in particular are less confident with this proposal when compared to the proposals to stop Council Tax discounts for empty properties. It can be inferred that on the whole all respondents are less comfortable with additional Council Tax charge proposals as opposed to proposals to stop current Council Tax discounts. 4.3 The consultation resulted in a considerable number of responses with many differing views expressed but in general there was support for imposing additional charges on long term empty properties in an area where there is a need for affordable housing. However many responses indicated there should be allowances made for those finding it difficult to sell properties in the current economic climate and in cases where the owner has died. There were also a significant number of comments regarding properties where the owner may be in hospital or in care or where the owner has died and there are legal difficulties. 4.4 It seems evident from the consultation that the imposition of a Council Tax Premium on properties left vacant for more than two years will generally be supported providing there are adequate appropriate mechanisms in place to waive the additional charge in sensitive cases or where an individual has taken all action possible to bring the property back into occupation. The policy guidelines for determining exceptions to payment of the Council Tax Premium will be crucial to public acceptance of this additional charge. 5.0 PROPOSAL 5.1 The reason for introducing the Council Tax premium was an attempt to encourage the owners of long term empty dwellings to bring them back into use and also to generate additional income to offset reductions in Government grant following the replacement of Council Tax Benefit with the Council Tax Reduction Scheme. Ensuring that the premium does not cause financial hardship or fall unfairly on some individuals will not be straightforward but the introduction of policy guidelines will ensure a consistent approach whilst also ensuring individual circumstances can be considered. 5.2 The policy guidelines set out in Appendix 1 to this report aim to ensure that dwellings which are genuinely on the market for sale or rent will not be liable to pay the Council Tax premium. It will also aim at identifying cases where there may be legal or technical issues which may be preventing or delaying a sale or letting. 5.3 The owners of vacant dwellings can obtain advice and assistance from the Council in making properties available for let and it is important that this facility is incorporated in the guidelines. 5.4 It is likely that some decisions will be controversial and a robust appeals mechanism is in place to determine cases where an applicant for exception is aggrieved. 5.5 The consultation exercise raised concerns about properties left empty by elderly relatives which is understandable but the important date for applying the Council Tax Premium is the date furniture is removed from the property. In most cases the property remains furnished during the period an owner is receiving care elsewhere in which case the property is exempt and there is no liability to pay Council Tax. This means on the death of someone receiving care certain
Page 131 exemptions are likely to apply up to six months after probate and the Council Tax Premium would only take effect two years after furniture had been removed. 6.0 ALTERNATIVE OPTIONS 6.1 There may not need to be exceptions to the Council Tax Premium and everyone who owns a property which has been empty for at least two years will pay the additional charge irrespective of individual circumstances. This has not been recommended as such a stance could be subject to judicial review. 6.2 Each application for exception could be considered on an individual basis without policy guidelines but this could result in an inconsistent approach and unfairness in some cases. 7.0 NEXT STEPS 7.1 On issuing Council Tax bills for 2013/2014 all those who may be liable to pay the Council Tax Premium will be advised of the criteria for making exceptions to payment of the premium and invited to make an application if they feel they may qualify. 7.2 All applications will be determined and applicants advised of the decision together with rights of appeal. The timescales for determining applications will depend on the number of applications. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 In calculating the Council Tax Base for 2013/2014 it was assumed there could be a significant number of exceptions to the premium and the base was reduced accordingly. 8.1.2 The Council Tax income will reduce proportionately to the number of exceptions awarded but the income to Collection Fund will be monitored on a monthly basis throughout the financial year and any variations reported to the Portfolio Holder. 8.2 Human Resources 8.2.1 Depending on the number of applications for exception received and the complexity of those applications will determine whether any short term temporary support is required in the Revenues and Benefits Group. 8.3 Legal 8.3.1 The legal provisions are set out in paragraph 3 above. 8.3.2 Policy guidelines will assist in ensuring that the premium is applied in a fair and transparent manner. 8.4 Social, Economic and Environmental Impact 8.4.1 A sustainability impact assessment has not been carried out. 8.4.2 This proposal is considered to have a neutral impact on sustainability.
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9.0 RISK ASSESSMENT Risk Consequence Controls required The policy guidelines are A shortfall in income to A set of policy guidelines too lenient and result in a Collection Fund and no that is fair and considerable number of incentive for owners to transparent. Significant exceptions. bring properties back into allowances made in the occupation. Tax Base calculation for exceptions. The policy guidelines be reviewed for 2014/2015 in the light of experience gained. The policy guidelines are Some individuals could Sufficient flexibility in the too restrictive and result experience hardship. policy guidelines to in few successful ensure sensitive cases applications for can be dealt with in a exceptions. caring and responsible manner with a clear appeals process.
10.0 EQUALITY AND DIVERSITY 10.1 An equality and diversity impact assessment has been undertaken. There have been no adverse impacts found on any group and the comments from the consultation have been considered in the assessment previously reported to Members and is shown at Appendix 2. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 Housing – Provide homes to meet need Sustainable Council – Delivering services that are value for money 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 It is proposed that the guidelines in Appendix 1 be used in determining applications for exception to paying the Council Tax Premium on properties that have been vacant for at least two years. 12.2 It is expected that this will ensure any cases where owners are genuinely attempting to sell or let their properties will not be liable to pay the Premium and in addition any sensitive cases which may result in hardship will be identified and an exception agreed. Imposition of the Premium may persuade owners of long term vacant dwellings to bring them back into occupation.
Page 133 APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Policy Guidelines for determining exceptions to payment of the Council Tax Premium 2 Equality Impact Assessment
CONTACT OFFICERS Alan Raven, Revenues & Benefits Manager Tel: 01539 717204 e mail – a.raven@south lakeland.gov.uk BACKGROUND DOCUMENTS AVAILABLE Comments received from the consultation exercise relating to the introduction of a Council Tax Premium on properties vacant for at least 2 years. TRACKING Assistant Portfolio Solicitor to the SMT Scrutiny Director Holder Council Committee 26/02/13 26/02/13 26/02/13 28/02/13 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 20/03/13 26/03/13 26/02/13 26/02/13 Human Resource Services Manager 26/02/13
Page 134 Appendix 1
Council Tax Premium – Policy Guidelines for Determining Local Exceptions
1. Purpose
This document sets out the factors that South Lakeland District Council (The Council) will take into account when deciding if an exception to payment of the Council Tax Premium can be granted.
The Council Tax Premium is a 50% increase on the Council Tax set, making the total charge 150% on properties which have been unoccupied and unfurnished for a period of at least two years.
Each case will be treated strictly on its merits and all applicants will be treated equally and fairly through administration of the scheme.
2. Statement of objectives
The Council will consider waiving the Council Tax Premium for applicants who meet the qualifying criteria as specified in these guidelines. The Council will treat all applications on their individual merits, and will seek through the operation of these guidelines to grant exceptions to liability for the Council Tax Premium:
For those owners who are genuinely attempting to sell or let their property which has been vacant for at least two years
Those owners who are experiencing particular legal or technical issues which is preventing the sale or letting of the property
Those owners who are in negotiation with the Council with a genuine view to letting the property under the Council’s scheme(s).
Cases where imposition of the Council Tax Premium would result in hardship and a reasonable person would regard the imposition as unfair.
3. Claiming a Local Exception to the Council Tax Premium
A claim must be made on an application form provided by the Council and signed by the owner of the vacant property or their representative. The claimant must include any relevant supporting evidence.
A Council Officer may make an appointment to visit any applicant who for whatever reason is unable to complete the application form or to confirm the details provided which may necessitate being given access to the premises.
The Council may request any (reasonable) evidence in support of an application but the applicant will be asked to provide the evidence within one month of such a request although this will be extended in appropriate circumstances.
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If the claimant is unable to, or does not provide the required evidence, the Council will still consider the application and will in any event take into account any other available evidence including that held at the time on Council Tax records.
The Council reserves the right to verify any information or evidence provided by the applicant.
Payment of Council Tax including the premium may not be withheld whilst awaiting the outcome of an application or the review of a previous decision.
4. Period of Exception
In all cases, the Council will decide the length of time for which an exception will be awarded on the basis of the evidence supplied and the facts known.
The start date of an exception will normally be the date the application is received by the Council providing the Council is satisfied the reasons for the exception existed at that time and the exception will continue for a period of twelve months subject to those circumstances continuing.
The Council will at least annually review the award and request confirmation that the circumstances leading to the award of the exception remain applicable.
The Council will comply with any Regulations issued by the Secretary of State in relation to any application and have regard to any related national policy guidance.
5. Awarding an Exception to liability for the Council Tax Premium
In deciding whether to award an exception to payment of the Council Tax Premium, the Council will take into account the following criteria:
5.1 For those owners who are genuinely attempting to sell or let their property which has been vacant for at least two years:
Has professional advice and assistance been obtained?
It is expected that when a property has been vacant for two years a professional agent with specialist knowledge of the locality will have been engaged.
Have any offers to purchase or rent the property been received?
If Yes – why were those offers refused?
Written confirmation of the reasons for refusal will be required from a professional agent
Is the sale price or rental in line with recent sale or rental prices for similar properties in the locality?
Page 136 If no does this property have special features that reasonably warrants a higher value or rent?
Has the property been put up for sale by public auction?
5.2 For those owners who are experiencing particular legal or technical issues which is preventing the sale or letting of the property
Is there a legal difficulty or issue which is preventing the sale or letting of the property?
A solicitor’s letter should be produced in evidence detailing the reasons preventing sale or letting.
Is a sale or letting being delayed by the actions of a Public Body?
Full details must be provided
5.3 Those owners who are in negotiation with the Council with a genuine view to letting the property under the Council’s Management Scheme(s)
Has there been a genuine expression of interest in transferring management of a property to the Council with a view to letting the property to local people with housing needs?
The Council’s Empty Homes Officer will be asked to confirm details of the expression.
The exception would only be applied from the date of signing the approval notice.
5.4 Cases where imposition of the Council Tax Premium would result in hardship and a reasonable person would regard the imposition as unfair.
Will imposition of the Council Tax Premium result in the owner suffering hardship?
Granting an exception under this criterion is likely to be the exception rather than the rule as it is expected the majority of exceptions will have been granted under earlier criteria.
6. Changes of Circumstances
The Council may need to revise the decision to grant an exception to the Premium if it becomes aware that the circumstances of an applicant have materially changed. Individuals must immediately advise the Council of any change in circumstances affecting the decision.
7. Notification
The Council will inform the applicant in writing of the outcome of their application
Page 137 within 28 days of receipt, or as soon as possible after. Where the application is unsuccessful, the Council will set out the reasons why this decision was made and explain the right of review.
8. The right to seek a review
As the exceptions to the Premium in this policy are determined locally any decisions are not subject to a statutory appeals mechanism. The Council will therefore operate its own procedures for dealing with appeals against a refusal to award an exception to the Premium.
An applicant (or their appointee or agent) who disagrees with a decision not to award an exception may dispute the decision. A request for a review must be made in writing to the Revenues and Benefits Manager within one calendar month of the written decision being issued.
The Revenues and Benefits Manager will review all the evidence held and may ask for further clarification to be provided. A decision will be made within 28 days of the request for a review. The decision will be notified to the claimant in writing, setting out the reasons for the decision.
Where the claimant is still not satisfied, they will be entitled to a further review, provided this is delivered in writing within one calendar month of the date on the decision letter giving reasons for the further review sent by the Revenues and Benefits Manager. This review will be carried out by a Director or Assistant Director of the Council. The decision made following the further review will be notified in writing within 28 days of the request for the review.
Page 138 Appendix 2
EIA Title: Local Scheme for Council Tax Reduction: A Replacement for Council Tax Benefit Changes to Council Tax Discounts from 1 st April 2013
1.0 The public sector equality duty (2011) covers the following eight protected characteristics :
Age, disability, race, religion or belief, sex, sexual orientation, gender reassignment, pregnancy and maternity. The duty also covers marriage and civil partnership, but only relating to the elimination of unlawful discrimination (see below, 2.0).
1.1 SLDC includes “rurality” as an additional category in its equality impact assessments.
2.0 The General Equality Duty. SLDC, in the exercise of its functions, should: a. Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. b. Advance equality of opportunity between people who share a protected characteristic and those who do not. c. Foster good relations between people who share a protected characteristic and those who do not.
1 Page 139 Step 1
Summarise the subject and expected outcomes of this EIA. The government’s Welfare Reform Act is due to abolish Council Tax Benefit from 1 st April 2013 when it will be replaced by a new scheme. The Local Council Tax Reduction Scheme (the government’s default scheme) will replace Council Tax Benefit (CTB) with effect from 1 st April 2013. The replacement scheme for Council Tax Benefit, known as Council Tax Reduction will result in a 10% grant reduction from the government.
The cost of the local scheme will be funded by reducing existing Council Tax discounts on second homes. The Council Tax discount on second homes is reduced from 10% to 0%,
The council are also expected to reduce or remove some other Council Tax discounts: The Council Tax discount on dwellings that have been empty for more than 6 months be reduced from 50% to 0%. A Council Tax premium of 50% is applied to dwellings which have been empty for more than 2 years, subject to any statutory or local exemptions which may be applied.
It has been recommended that Cabinet considers and makes recommendations to Full Council on changes to Council Tax discounts to take effect from 1 st April 2013: The Council Tax discount on second homes and properties that have been empty for more than 6 months be removed. The Council Tax discount on properties undergoing major repairs or structural alterations and on properties which are empty for up to 6 months remains at 100%. A 50% Council Tax premium will be raised on properties which have been empty for more than 2 years.
The council have identified vulnerable groups (other than pensioners) who will be protected i.e. their Council Tax liability will not increase. A vulnerable group could be working age claimants with a severe disability for example. The default scheme broadly achieves the same impact on claimants under the new scheme as under CTB.
Two other significant changes are to be introduced:
Council Tax payers will be given a legal right to pay by twelve instalments on request, although the default will still be ten instalments; and
Councils will no longer need to provide each Council Tax payer with a hard copy of the information that supports the Council Tax bill. The information will have to be available on the council’s website. Hard copies will be provided on request.
It is proposed to review implementation of the local scheme in sufficient time to make amendments prior to 2014-2015.
2 Page 140 Who are your main stakeholders and list any engagement undertaken (include surveys, feedback forms, complaints, statistics etc). In 2011-12, 6,200 households in South Lakeland were in receipt of CTB: of these 3,500 were pensioner households. There are over 52,000 households in total in South Lakeland. Consultation commenced on 22 nd August 2012 and ended on 31 st October 2012. Over 11,000 Council Taxpayers who potentially could be affected by a range of changes were contacted directly including all those on Council Tax Benefit, second home owners and owners of vacant properties. In addition the council directly contacted those groups on its database who fall under the government’s equality “protected characteristics” designation, including a one to one meeting with AWAZ (a Cumbria wide black and minority ethnic organisation).
Total Number of Respondents – 3,483 Profile of respondents Age Under 16 0% 17-25 0.60% 26-35 2.53% 36-50 12.75% 51-65 33.42% 66-80 34.45% Over 80 14.15% Not Answered 2.10%
Male - 1793 Female - 1636 Long standing disability or infirmity – 970 (28.85% of the total) Step 2
Equality Action Plan
In providing this service Mitigating actions (to Lead Officer & Complete will there be any negative avoid negative impact): When Y/N impacts on the following people? 1. Age (young and old) 2. Black and Minority Ethnic 3. Disabled 4. Faith/Belief 5. Sexual Orientation 6. Gender 7. Gender reassignment 8. Pregnancy and maternity 9. Marriage and Civil 3 Page 141 Partnership 10.People in rural areas
(See glossary below for definitions)
Those affected by changes in All second home and empty home A. Raven Y this scheme are second owners were directly consulted on the scheme’s proposals. home and empty home Comments have been taken into owners. account and it is considered that there are no adverse impacts on any particular group.
Step 3
Examples of good equality practice you have put in place (For example, all venues used are accessible for people with mobility, hearing and sight impairments) Consultation which was open to all and directly targeted at those affected (for example benefit claimants,
The Council has an agreement in place to consult with: Cumbria Disability Network, OutREACH Cumbria, AWAZ (Black and Minority Ethnic organisation), Age UK and ACT (Action with Communities in Cumbria). To consult, contact the Policy Officer for equalities.
Date: 12 November 2012 EIA Author(s): S Blyth, A Raven Assistant Director: S McGregor Document version number: 0.1 Date for Review: EIA forwarded to Policy Officer Y/N?
Glossary Age: This refers to a person having a particular age (for example, 32 year-olds) or being within an age group (for example, 18-30 year-olds).
Civil partnership: Legal recognition of a same-sex couple’s relationship. Civil partners must be treated the same as married couples on a range of legal matters.
Disability: A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Includes: Physical/sensory disability:
4 Page 142 Mental Health: Learning disability.
Gender reassignment: This is the process of transitioning from one sex to another, considered a personal process rather than a medical one and it does not require someone to undergo medical treatment in order to be protected.
Maternity: The period after giving birth. It is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, including as a result of breastfeeding.
Race: It refers to a group of people defined by their colour, nationality (including citizenship), ethnic or national origins. Includes, Asian, Black and White minority ethnic groups inc. Eastern Europeans, Irish people and Gypsy Travellers.
Religion or belief: “Religion” means any religion, including a reference to a lack of religion. “Belief” includes religious and philosophical beliefs including lack of belief (for example, Atheism). The category includes, Christianity, Islam, Judaism, Hinduism, Buddhism, and non religious beliefs such as Humanism.
Rurality: South Lakeland is defined as ‘Rural-80’ – this means we have at least 80 percent of our population in rural settlements and larger market towns.
Sexual orientation: This is whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes.
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Page 144 Item No.8
PART I
South Lakeland District Council Council Meeting Date: Tuesday, 26 March 2013 Report Author: Chris Woods, Democratic and Electoral Services Manager Portfolio: Not applicable Report from: Director of Policy and Resources (Monitoring Officer) Wards affected: Not applicable Key Decision: Not applicable Key Decision Not applicable Notice: FUTURE OVERVIEW AND SCRUTINY ARRANGEMENTS 1.0 PURPOSE OF REPORT 1.1 This report includes recommendations from the Joint Overview and Scrutiny Committee following a review of the Overview and Scrutiny process at South Lakeland District Council. 1.2 Some of the recommendations have already been agreed by the Joint Overview and Scrutiny Committees as they concern the process of the scrutiny function. However, some require the approval of Full Council. This report highlights those recommendations below. 1.3 It is believed that, if all the recommendations are adopted, it will lead to a scrutiny process which is more effective, engaging and efficient. 2.0 RECOMMENDATIONS It is recommended that Council approve the following changes to take effect from the start of the new municipal year in May 2013 –
(1) reduce the number of Overview and Scrutiny Committees to one over- arching Scrutiny Committee which will meet at least three times a year and, in addition, have a dedicated budget meeting;
(2) determine the membership number for the Overview and Scrutiny Committee (recommended by the Overview and Scrutiny Committees to be between 10 to 14 elected Members);
Page 145 (3) make no changes to the current level of co-option to Overview and Scrutiny Committees as set down in the Constitution;
(4) recognise that Members appointed to the roles of the Overview and Scrutiny Committee Chairman or Vice-Chairman will require skills to enable them to perform their roles and that this should form the basis of a job description for the role;
(5) encourage Group Leaders to be committed to ensuring that Members appointed to the Overview and Scrutiny Committee have the time available to commit to the role and are enthusiastic about the overview and scrutiny function;
(6) approve the changes to the constitution as detailed in appendices 2(1), 2(2) and 2(3) and note that the Monitoring Officer will make any other consequential amendments that are necessary to the Constitution to reflect the changes as agreed at the meeting; and
(7) note that a review of the effectiveness of the new scrutiny function will be carried out after 12 months of operation.
3.0 BACKGROUND 3.1 Council, by Minute C/082(4) (2011/12), requested that - “the Overview and Scrutiny function be further considered by the Overview and Scrutiny Committees, with a report back on where further savings could be made”. 3.2 Consequentially, the Overview and Scrutiny Board set itself up as the Task and Finish Group to carry out the review of the Scrutiny function. The Group was mindful of the need to ensure that any suggestions put forward for savings would also improve efficiency and engagement. 3.3 As part of its consultation process on its recommendations the Group held a workshop session for elected Members and held a briefing with Senior management and Cabinet members. 3.4 The conclusions of the Task and Finish Group and final set of recommendations were considered by a joint meeting of the Overview and Scrutiny Committees held on 20 February 2013. The minutes of the meeting are attached at Appendix 1 to this report. 3.5 As can be seen, the full set of recommendations include a number of suggestions regarding the Overview and Scrutiny process as well as some about revising the Council’s Overview and Scrutiny structure. 4.0 PROPOSAL 4.1 The proposal is to streamline the Overview and Scrutiny Structure while providing enhanced opportunities for Member to participate in the Scrutiny process to provide a scrutiny function which is efficient, effective and engages Members. 4.2 The main impact of the proposals is that, rather than have two Overview and Scrutiny Committees and an Overview and Scrutiny Co-ordination Board, there
Page 146 will be one over-arching Overview and Scrutiny Committee. This will deal with key business such as call-in and policy development, with the majority of the work being carried out by time limited Task and Finish Groups. In addition, it is proposed that a Performance Sub-Committee will be established with the specific remit of providing a robust challenge to performance management matters, including holding Portfolio Holders to account. 4.3 This will necessitate fewer formal Committee meetings and, as there will only be one Committee, negate the requirement of an Overview and Scrutiny Board. It should also enable more Task and Finish Group work. It has been estimated that savings of £4542 can be achieved through the introduction of this revised structure. 4.4 Should Council approve the revised scrutiny proposals, amendments will need to be made to the Constitution to reflect these changes. These are attached at Appendix 2. 5.0 ALTERNATIVE OPTIONS 5.1 The alternative option is not to accept the recommendations to streamline the scrutiny function. 6.0 NEXT STEPS 6.1 If approved by Council the Constitution would be updated and changes would be brought into effect from the start of the new municipal year. 7.0 IMPLICATIONS 7.1 Financial and Resources 7.1.1 If adopted the recommendations could achieve annual revenue savings of potentially £4,542. 7.2 Human Resources 7.2.1 The current Democratic and Electoral Services structure was approved by the Human Resources Committee on 27 November 2012 as part of the overall organisational review. It was noted that further review and staffing changes may be necessary as a consequence of any changes made by the scrutiny review. 7.2.2 Any staffing changes arising from this review will be the subject of a further report to the Human Resources Committee as appropriate. 7.3 Legal 7.3.1 Councils operating Executive Arrangements are required to create an Overview and Scrutiny Committee which is composed of Councillors who are not on the Executive Committee of that Council. 7.4 Social, Economic and Environmental Impact 7.4.1 A sustainability impact assessment has not been carried out. 7.4.2 This proposal is considered to have a neutral impact on sustainability.
Page 147 8.0 RISK ASSESSMENT Risk Consequence Controls required Lack of sufficient Non-Committee Ensure opportunities are opportunities for non- Members feel unable to widely publicised in a committee members to contribute to scrutiny timely manner to enable be involved in the those who wish to be scrutiny function involved can be. There is no decrease in Savings not achieved as Committee Chairman the number of formal anticipated needs to ensure that meetings Work Programmes and items for meeting Agendas are relevant, appropriate and timely. 9.0 EQUALITY AND DIVERSITY 9.1 An equality and diversity impact assessment has not been carried out as the change to service is largely due to changes in internal processes. 10.0 LINKS TO THE COUNCIL PLAN AND PERFORMANCE INDICATORS 10.1 While there are no direct links to the Council Plan, the proposals will ensure that the processes in place to monitor, review and scrutinise Council services and performance against Corporate Plan priorities are robust. 11.0 CONCLUSION AND EXPECTED OUTCOMES 11.1 In conclusion, the attached report puts forwards a number of proposals which it is felt will make the scrutiny function add more value to the work of the Council by being more robust and effective. 11.2 The proposals will require the commitment of Council to ensure the new arrangements are fully supported. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Minutes of the meeting of the joint Overview and Scrutiny Committees held on 20 February 2013 2(1), (2) and (3) Proposed amendments to relevant sections of the Constitution. CONTACT OFFICERS Chris Woods, Democratic and Electoral Services Manager, [email protected] Tel 01539 717440 Emma Ludlam, Scrutiny Officer, [email protected] BACKGROUND DOCUMENTS AVAILABLE Report to the meeting of the Joint Overview and Scrutiny Committees from the Task and Finish Group
Page 148 TRACKING Assistant Portfolio Solicitor to the SMT Joint Scrutiny Director Holder Council Committee 3/2/13 n/a 6/2/13 7/2/13 20/2/13 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer n/a n/a 6/2/13 8/3/13 Human Resource Services Manager 6/2/13
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Page 150 APPENDIX 1 7 20.02.2013 Joint Overview and Scrutiny Committees
JOINT OVERVIEW AND SCRUTINY COMMITTEES
Minutes of the proceedings at a meeting of the Joint Overview and Scrutiny Committees held in the District Council Chamber, South Lakeland House, Kendal, on Wednesday, 20 February 2013, at 10.30 am.
Present
Councillors
Roger Bingham Andrew Gardiner David Ryder John Clough Chris Holland Sue Sanderson Brian Cooper John Holmes Andy Shine Nick Cotton Helen Irving Evelyn Westwood Philip Dixon Ian McPherson Mary Wilson David Fletcher Vivienne Rees
Co-opted Members
Leith Hallatsch David Peters Robin Martakies John Short
Apologies for absence were received from Councillors Rob Boden, Joss Curwen, Heidi Halliday, Mary Orr, Amanda Rigg, Hilary Stephenson and Mark Wilson.
Officers
Matthew Neal Solicitor to the Council Lee Teasdale Democratic Services Assistant
CS/R/011 ELECTION OF CHAIRMAN
RESOLVED – That Councillor Mary Wilson be elected Chairman for the joint meeting.
CS/R/012 MINUTES
RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the joint meeting of the Committees held on 15 January 2013.
CS/R/013 DECLARATIONS OF INTEREST
RESOLVED – That it be noted there were no declarations of interest made at the meeting.
CS/R/014 DECLARATION OF THE PARTY WHIP
RESOLVED – That it be noted that there were no declarations of any party whip on any of the issues to be discussed on the Agenda.
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CS/R/015 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS
RESOLVED – That it be noted that there were no items in Part II of the Agenda.
CS/R/016 PUBLIC PARTICIPATION
RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received.
CS/R/017 FUTURE SCRUTINY ARRANGEMENTS
Councillors Andrew Gardiner and Andy Shine presented a series of recommendations that had arisen from the Scrutiny Review Task and Finish Group.
The Group had initially formed in September 2012 to address a request from Council (Minute C/082(4) (2011/12)) to investigate where further savings could be achieved. The Scrutiny function had been considered from the ground up with a specific focus on finding efficiencies and looking to achieve further engagement with the process. The findings of the exercise emphasised a need for more ownership of the scrutiny function in general, efficient methods of scrutinising topics, reducing to one over-arching Scrutiny Committee and setting up a Performance Sub-Committee with the specific remit of scrutinising performance management processes.
Members discussed the recommendation to reduce to one over-arching Scrutiny Committee which, it was proposed, would meet 3 times a year with an additional dedicated budget meeting. It was suggested by the Group that this Committee could have a membership of between 10 and 12 elected Members, with the precise size of membership to be determined by Full Council. Members considered that 10 to 14 Members should be recommended instead to ensure that the membership of the Committee would represent every area of the District and make certain that rurality issues could be sufficiently represented.
Members were encouraged by the recommendation to hold meetings at appropriate venues throughout the District. It was agreed that consideration should be given to local issues being debated when venues were being selected.
Discussion then moved to the inclusion of co-optees on the Committee. It was felt that co-optees played an important role within the process and that their contributions were rewarding. It was felt that Council should be recommended to make no changes to the current arrangements. It was also considered that co-optee involvement within Task Groups should continue to be encouraged.
The Committee thanked those involved for their work on the Scrutiny Review, which had been considered a constructive and worthwhile exercise.
Page 152 9 20.02.2013 Joint Overview and Scrutiny Committees
RESOLVED – That the following recommendations of the Task and Finish Group be approved:
1. Council be recommended to
(a) reduce the number of Scrutiny Committees to one over-arching Scrutiny Committee which will meet three times a year and, in addition, have a dedicated budget meeting;
(b) Set the Committee membership number between 10 to 14 elected Members;
(c) Make no changes to the current level of co-option to Overview and Scrutiny Committees as set down in the Constitution;
(d) recognise that Members appointed to the role of Scrutiny Chairman or Vice-Chairman will require skills to enable them to perform their role and that these should form the basis of a job description for the role; and
(e) encourage Group Leaders to be committed to ensuring that Members appointed to the Overview and Scrutiny Committee have the time available to commit to the role and are enthusiastic about the scrutiny function;
2. Scrutiny Committee meetings be held at appropriate venues with regards to local issues and geography throughout the District to ensure accessibility and encourage public participation;
3. more use be made of involving co-optees in the work of Task and Finish Groups in relevant topic areas and in involving communities in topic identification;
4. powers be delegated to a Performance Sub-Committee to deal with performance management issues;
5. meetings of the Performance Sub-Committee be held on a regular basis, at such intervals as to fit in with the performance review cycle;
6. where appropriate the Performance Sub-Committee are to make recommendations to the Overview and Scrutiny Committee about areas where in-depth reviews need to be carried out through Task and Finish Groups;
7. relevant Portfolio Holders be required to present their reports personally to the Performance Sub-Committee and also when call-ins are being considered by the Overview and Scrutiny Committee. Where their presence is required at other scrutiny meetings the relevant Chairman will issue formal advance notice of the request for their attendance;
8. a database of Members’ skills, knowledge and expertise be set up and information be used to draw Members’ attention to relevant topics being reviewed;
Page 153 10 20.02.2013 Joint Overview and Scrutiny Committees
9. a wide range of techniques be considered, as appropriate, when carrying out a review;
10. Work Programme topics be agreed early in the municipal year;
11. as part of the Work Programme, the effectiveness of the scrutiny function in addressing the scrutiny principles be measured and monitored on a regular basis;
12. all Members, with the exception of the Executive, be –
(a) invited to an annual workshop to consider, select and prioritise topics for inclusion in the year’s forthcoming Work Programme;
(b) a further workshop be held midway through each year to which all Members should be invited to review the Scrutiny Programme; and
(c) given the opportunity to put their names forward onto a wish list for inclusion in the review;
13. measurement of the impact of scrutiny reviews be included as one of the key criteria in the scoping process;
14. the Chairman of Task and Finish Groups be tasked with monitoring the delivery of his/her Group’s recommendations and reporting back regularly on progress to the Scrutiny Committee as part of the Work Programme;
15. Portfolio Holders should be expected to work constructively with Task and Finish Groups;
16. a comprehensive training programme be provided to all Members to ensure that they are aware of how they can be involved in the scrutiny process;
17. Officer training and briefings be carried out on a regular basis to ensure that operational managers understand the role and functions of overview and scrutiny;
18. regular news bulletins be issued to all Members about progress with scrutiny reviews and what reviews will be starting in the near future;
19. more use be made of social media and promoting the scrutiny function externally;
20. “information” reports be circulated to Members to note, or a briefing session be held if the topic warrants it;
21. Committee Agenda items be approved by the Chairman before they are added to the Agenda; ensuring that it is Member-led and owned;
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22. the Committee Chairman, or if not available, the Vice-Chairman, be consulted on possible items before they are added to the agenda;
23. as well as using the usual channels for canvassing for suggestions for review topics, more use be made of performance data and feedback from consultations; and
24. a review of the effectiveness of the new scrutiny function be carried out after 12 months.
The meeting ended at 12.40 pm
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Page 156 APPENDIX 2(1) – PART 2 (extract)
ARTICLE 6 – OVERVIEW AND SCRUTINY
6.01 Introduction
The Council is required by Law to discharge certain overview and scrutiny functions. These functions are an essential component of local democracy. The Overview and Scrutiny Committee should be a powerful committee that can contribute to the development of Council policies and also hold the Cabinet to account for its decisions. Another key part of the overview and scrutiny role is to review existing policies, consider proposals for new policies and suggest new policies.
Overview and scrutiny should be carried out in a constructive way and should aim to contribute to the delivery of efficient and effectives services that meet the needs and aspirations of local inhabitants. The Overview and Scrutiny Committee should not shy away from the need to challenge and question decisions and make constructive criticism.
6.02 Overview and Scrutiny Committee
In order to achieve this, the Council has appointed an Overview and Scrutiny Committee.
The Overview and Scrutiny Committee has the power to - • review or scrutinise decisions made or actions taken in connection with the discharge of any of the Council’s functions whether by the Cabinet or another part of the Council or any of its Committees; • make reports or recommendations to the Council or the Cabinet in connection with the discharge of any functions; • consider any matter which affects the Council’s area or its inhabitants; and • exercise the right to call in for re-consideration of decisions made but not yet implemented by the Cabinet and Officers; • determine requests for Councillor Calls for Action; and • appoint a Performance Sub-Committee.
The Council or the Cabinet or the Overview and Scrutiny Committee may from time to time establish such other committees or sub-committees as it sees fit.
6.03 Role, Scope and Membership
The role, scope and membership of the Overview and Scrutiny Committee and the Performance Sub- Committees are described in the table below:
Committee and Membership Role and Scope Overview and Scrutiny Committee of to act as the Council’s Overview and Scrutiny Committee for *** Elected Members all purposes within the District Council’s remit (including crime and disorder, call-in, councillor call for action); to determine and prioritise an annual Work Programme for scrutiny, with built-in flexibility to deal with urgent issues; to determine how scrutiny reviews should be undertaken – e.g. as ‘one day’ reviews, through time-limited task and finish groups; to provide positive challenge of the Executive, including portfolio performance; to receive questions from the public (with notice, in accordance with procedure) on services and issues within the remit of Overview and Scrutiny; and to appoint a Performance Sub-Committee. Performance Sub-Committee (6 to provide positive challenge of the Executive, including elected Members) portfolio performance; to scrutinise quarterly performance management reports; and to make recommendations to the Overview and Scrutiny
Page 157 APPENDIX 2(1) – PART 2 (extract)
Committee where further in-depth scrutiny is required.
The Overview and Scrutiny Committee will comprise *** elected members. Neither the Chairman of the Council nor any members of the Cabinet may be members of the Overview and Scrutiny Committee and its Sub-Committees.
6.04 Specific Functions
Policy Development and Review The Overview and Scrutiny Committee and its Sub-Committees, if appropriate, may:
(a) assist the Council and the Cabinet in the development of its budget and policy framework by in-depth analysis of policy issues; (b) conduct research, community and other consultation in the analysis of policy issues and possible options; (c) consider and implement mechanisms to encourage and enhance community participation in the development of policy options; (d) question members of the Cabinet, committees and appropriate officers about their views on issues and proposals affecting the area; and (e) liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.
Scrutiny The Overview and Scrutiny Committee and its Sub-Committees, if appropriate, may:-
(a) review and scrutinise the decisions made by and performance of the Cabinet and/or committees and Council officers both in relation to individual decisions and over time; (b) review and scrutinise the performance of the Council in relation to its policy objectives performance targets and/ or particular service areas; (c) question members of the Cabinet and/or committees and officers (Assistant Directors and above) about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects; (d) make recommendations to the Cabinet and/or appropriate committee and/or Council arising from the outcome of the scrutiny process (e) review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Overview and Scrutiny committee and local people about their activities and performance; and (f) question and gather evidence from any person (with their consent).
Councillor Call for Action. The Overview and Scrutiny Committee may:-
(a) consider any Councillor Call for Action case referred to it; (b) conduct research in considering the issue; (c) question and gather evidence from any person (with their consent); and (d) make recommendations or report to Cabinet.
Finance The Overview and Scrutiny Committee may exercise overall responsibility for the finances made available to it.
Annual report The Overview and Scrutiny Committee must report annually to the full Council on their workings with recommendations for its future work programme and amended working methods if appropriate.
Officers The Overview and Scrutiny Committee may exercise overall responsibility for the work programme. Officer(s) will promote the role of the Council’s Overview and Scrutiny Committee and Sub- Committees, to provide support to them and their Members and provide support and guidance to
Page 158 APPENDIX 2(1) – PART 2 (extract)
Council Members and Officers generally about the functions of the Overview and Scrutiny Committee and Sub-Committees.
Proceedings of the Overview and Scrutiny Committee and Sub-Committees
The Overview and Scrutiny Committee and its Sub-Committees will conduct their proceedings in accordance with the Overview and Scrutiny Procedural Rules.
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Page 160 APPENDIX 2(2) – PART 3 (extract)
39
2 RESPONSIBILITY FOR COUNCIL FUNCTIONS
6 Overview and ** Members of the To act as the Council’s A Performance Sub- Scrutiny Council Overview and Scrutiny Committee of the Committee Committee for all Overview and Scrutiny purposes within the Committee of 6 District Council’s remit members will carry out (including crime and the following functions - disorder, call-in, councillor call for action); To provide positive challenge of the To determine and Executive, including prioritise an annual Work portfolio performance; Programme for scrutiny, with built-in flexibility to To scrutinise quarterly deal with urgent issues; performance management reports; To determine how scrutiny reviews should To make be undertaken – e.g. as recommendations to ‘one day’ reviews, the Overview and through time-limited task Scrutiny Committee and finish groups; where further in-depth scrutiny is required. To provide positive challenge of the Executive, including portfolio performance;
To receive questions from the public (with notice, in accordance with procedure) on services and issues within the remit of Overview and Scrutiny;
To appoint a Performance Sub- Committee and any other such Sub-Committees as it considers appropriate.
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Page 162 APPENDIX 2(3) – PART 4 (extract)
133
OVERVIEW AND SCRUTINY PROCEDURE RULES
1. What will be the number and arrangements for overview and scrutiny committee s? The Council will have the an overview and scrutiny committee s as set out in Article 6 and will appoint to them it as it considers appropriate from time to time. Such committee s may appoint sub-committees.
In addition a co-ordinating board comprising the chairs and vice-chairs of the overview and scrutiny committees, and one member appointed by each of the committees (a membership of six in total) will be set up to make administrative decisions in relation to the work of these committees with the following terms of reference:- The purpose of the board is: (a) to co-ordinate the use of resources available; (b) to prioritise scrutiny work programmes; (c) to ensure that projects are properly scoped; (d) to foster best practice amongst the Overview and Scrutiny Committees; (e) to report to Council annually on the programme of work and to discuss any improvements to be made; (f) to consider whether a Councillor Call for Action should be placed on an overview and scrutiny committee agenda Overview and scrutiny committees may also be appointed for a fixed period, on the expiry of which they shall cease to exist.
2. Who may sit on the overview and scrutiny committee s? All councillors, except members of the Cabinet, may be members of thean overview and scrutiny committee. However, no member may be involved in scrutinising a decision in which he/she has been directly involved.
3. Co-optees
(a) Each The overview and scrutiny committee shall be entitled to appoint up to 25% of the total membership of the Committee as non-voting or voting Co-optees.
(b) The Council operates a Scheme of Voting Rights for Co-opted Members of the Overview and Scrutiny Committee s. If Co-optees are to be voting co- optees then their appointment must be approved by Full Council before they can take up their voting rights.
(c) The exercise of voting rights for Co-optees must be in accordance with the Council’s Scheme of Voting Rights for Co-opted Members of the Overview and Scrutiny Committee s.
4. Meetings of the overview and scrutiny committee s There shall be at least five three ordinary meetings of each the overview and scrutiny committee in each year. In addition, one meeting will be called specifically to consider budget issues and extraordinary meetings may be called from time to time as and when appropriate. An overview and scrutiny committee meeting may be called by the cChair man of the relevant overview and scrutiny committee, by any three elected members of the committee or by the Pproper Oofficer if he/she considers it necessary or appropriate.
5. Quorum The quorum for an overview and scrutiny committee shall be as set out for committees in the Council Procedure Rules in Part 4 of this Constitution. For the avoidance of doubt the number for a quorum relates to the number of elected members and does not include co-optees.
6. Who chairs overview and scrutiny committee meetings? Chair mens of overview and scrutiny committees will be drawn from among the councillors sitting on the committee and, subject to this requirement, the committee may appoint such a person as it considers appropriate as Cchair man..
SLDC Constitution – PART 4 – September 2012 Page 163 APPENDIX 2(3) – PART 4 (extract)
134
7. Work programme Subject to the role of the Co-ordination Board eachThe overview and scrutiny committee will be responsible for setting its own work programme and, in doing so, it shall take into account the wishes of members on that committee.
8. Agenda items Any member of an overview and scrutiny committee or sub-committee shall be entitled to give notice to the Proper Officer that he/she wishes an item relevant to the functions of the committee or sub-committee to be included on the agenda for the next available meeting of the committee or sub-committee. On receipt of such a request, the pProper oOfficer will ensure that it is included on the next available agenda. Any three members of the Council who are not members of the overview and scrutiny committee may give written notice to the pProper Oofficer that they wish an item to be included on the agenda of that relevant overview and scrutiny committee. If the Pproper Oofficer receives such a notification, then he/she will include the item on the first available agenda of the relevant overview and scrutiny committee . for consideration by the committee. The overview and scrutiny committee s shall also respond, as soon as their its work programme permits, to requests from the Council and, if it considers it appropriate, the Cabinet, to review particular areas of Council activity. Where they doit does so, the overview and scrutiny committee shall report their its findings and any recommendations back to the Cabinet and/or Council. The Council and/or the Cabinet shall consider the report of the overview and scrutiny committee within one month of receiving it.
9. Councillor Call for Action The Council has a Councillor Call for Action Scheme, details of which are attached to these procedural rules. Upon receipt of a Councillor Call for Action request, the Overview and Scrutiny Co-ordination Board shall convene a meeting within ten working days of the request being received. If the Councillor Call for Action is accepted by the Board, a meeting of the relevant Overview and Scrutiny Committee shall be convened within ten working days to consider the Councillor Call for Action request.
10. Policy review and development
(a) The role of the overview and scrutiny committee s in relation to the development of the Council’s budget and policy framework is set out in detail in the Budget and Policy Framework Procedure Rules. (b) In relation to the development of the Council’s approach to other matters not forming part of its Policy and Budget Framework, the overview and scrutiny committee s may make proposals to the Cabinet for developments in so far as they relate to matters within their terms of reference. (c) The oOverview and scrutiny committee s may hold enquiries and investigate the available options for future direction in policy development and may appoint advisers and assessors to assist them in this process. They It may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things that they it reasonably consider s necessary to inform their its deliberations. They It may ask witnesses to attend to address the m Committee on any matter under consideration and may pay to any advisers, assessors and witnesses a reasonable fee and expenses for doing so.
11. Reports from overview and scrutiny committee (a) Once it has formed recommendations on proposals for development, the overview and scrutiny committee will prepare a formal report and submit it to the pProper oOfficer for consideration by the Cabinet (if the proposals are consistent with the existing Budgetary and Policy Framework), or to the Council as appropriate (e.g. if the recommendation would require a departure from or a change to the agreed Budget and Policy Framework.
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(b) If an the overview and scrutiny committee cannot agree on one single final report to the Council or Cabinet as appropriate, then up to one minority report may be prepared and submitted for consideration by the Council or Cabinet with the majority report.
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(c) The Council or Cabinet shall consider the report of the overview and scrutiny committee within eight weeks of it being submitted to the proper officer.
12. Making sure that overview and scrutiny reports are considered by the Cabinet or policy committees
Once an the overview and scrutiny committee has completed its deliberations on any matter it will forward a copy of its final report to the proper officer who will allocate it to either or both the Cabinet and the Council for consideration, according to whether the contents of the report would have implications for the Council’s Budget and Policy framework. If the proper officer refers the matter to Council, he/she will also serve a copy on the leader with notice that the matter is to be referred to Council. The Cabinet will have four weeks in which to respond to the overview and scrutiny report, and the Council shall not consider it within that period. When the Council does meet to consider any referral from an the overview and scrutiny committee on a matter which would impact on the budget and policy framework, it shall also consider the response of the Cabinet. Where an the overview and scrutiny committee or sub-committee prepares a report for consideration by the Cabinet in relation to a matter where the Lleader of the Council has delegated decision making powers to another individual member of the Cabinet, then the overview and scrutiny committee will submit a copy of their its report to that individual for consideration. At the time of doing so, the overview and scrutiny committee shall serve a copy on the pProper Oofficer and the lLeader. If the member with delegated decision making powers does not accept the recommendations of the overview and scrutiny committee, then he/she must then refer the matter to the next available meeting of the Cabinet for debate before exercising his/her decision making power and responding to the report in writing to the overview and scrutiny committee. The Cabinet member to whom the decision making power has been delegated will respond to the overview and scrutiny committee within four weeks of receiving it. A copy of his/her written response to it shall be sent to the Pproper Oofficer and he/she will attend a future meeting to respond. The oOverview and scrutiny committee s will, in any event, have access to the Cabinet’s forward planKey Decision Notice and timetable for decisions and intentions for consultation. Even where an item is not the subject of detailed proposals from an the overview and scrutiny committee following a consideration of possible policy/service developments, the committee will at least be able to respond in the course of the Cabinet’s consultation process in relation to any key decision.
13. Rights of overview and scrutiny committee members to documents
(a) In addition to their rights as councillors, members of the overview and scrutiny committee s have the additional right to documents, and to notice of meetings as set out in the Access to Information Procedure Rules in Part 4 of this Constitution. (b) Nothing in this paragraph prevents more detailed liaison between the Cabinet and overview and scrutiny committee as appropriate, depending on the particular matter under consideration.
14. Members and officers giving account
(a) Any The overview and scrutiny committee or sub-committee may scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions. as well as reviewing documentation, in fulfilling the scrutiny role, it may require the Lleader/any (other) member of the Cabinet, the head of paid service and/or any senior officer to attend before it to explain in relation to matters within their remit:-
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(i) any particular decision or series of decisions; (ii) the extent to which the actions taken implement Council policy; and/or (iii) their performance.
and it is the duty of those persons to attend if so required. 136
(b) Where any member or officer is required to attend an overview and scrutiny committee under this provision, the Cchair man of that committee will inform the Pproper oOfficer. The pProper oOfficer shall inform the member or officer in writing, giving at least ten working days’ notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the committee. Where the account to be given to the committee will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation. (c) Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the overview and scrutiny committee shall, in consultation with the member or officer, arrange an alternative date for attendance.
15. Attendance by others
An The overview and scrutiny committee may invite people other than those people referred to in Paragraph 13 above to address it, discuss issues of local concern and/or answer questions. It may, for example, wish to hear from residents, stakeholders and members and officers in other parts of the public sector and shall invite such people to attend.
16. Call-in
Call-in should only be used in exceptional circumstances.
(a) When a decision is made by the Cabinet, an individual member of the Cabinet or a committee of the Cabinet, or a key decision is made by an officer with delegated authority from the Cabinet, the decision shall be published, including, where possible, by electronic means, and shall be available at the main offices of the Council normally within two days of being made. The Chairman Chairs of athell overview and scrutiny committee s will be sent copies of the records of all such decisions within the same timescale, by the person responsible for publishing the decision.
(b) That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, on the expiry of five working days after the publication of the decision, unless it is called in.
(c) During that period, the pProper Oofficer shall call-in a decision for scrutiny by the committee if so requested by the cChair man of thean Overview and Scrutiny Committee, or any three members of the council who are not Cabinet members, and shall then notify the decision-taker of the call-in. Within 10 working days of receipt of the request to call-in a decision, he/she shall, after consultation with the Chairman of the relevant Committee where possible, issue a summons to a meeting of the relevant Committee to be held on a date as soon as practicable, but in any event, within one calendar month of the date of receipt of the call-in request.
(d) At least two of the three Members who call in the decision will be required to attend the meeting to address the Committee in order to elaborate on the written reasons given for the call-in. Failure to attend the Committee may result in the Executive Decision as submitted being accepted without further debate. The decision maker will also be permitted to explain why the decision was taken and the relevant officer (if different from the decision maker) will also be allowed to be present at the meeting to deal with any issues that may arise. The addresses from the Member(s) calling-in the
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decision and the decision maker will be heard before the matter is opened up to debate by the Committee’.
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(e) If, having considered the decision, the overview and scrutiny committee is still concerned about it, then it may refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or refer the matter to full Council. If referred to the decision maker they shall then reconsider within a further ten working days, amending the decision or not, before adopting a final decision.
(f) If, following an objection to the decision, the overview and scrutiny committee does not meet in the period set out above, or does meet but does not refer the matter back to the decision making person or body, the decision shall take effect on the date of the overview and scrutiny meeting, or the expiry of that further five working day period, whichever is the earlier.
(g) If the matter was referred to full Council and the Council does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if the Council does object, it has no powers to make decisions in respect of an executive decision unless it is contrary to the policy framework, or contrary to or not wholly consistent with the budget. Unless that is the case, the Council will refer any decision to which it objects back to the decision making person or body, together with the Council’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Cabinet as a whole or a committee of it, a meeting will be convened to reconsider within ten working days of the Council request. Where the decision was made by an individual, the individual will reconsider within ten working days of the Council request.
(h) If the Council does not meet, or if it does but does not refer the decision back to the decision making body or person, the decision will become effective on the date of the Council meeting or expiry of the period in which the Council meeting should have been held, whichever is the earlier.
Exceptions
(i) In order to ensure that call-in is not abused, nor causes unreasonable delay, certain limitations are to be placed on its use and the process will be monitored as follows:-
(i) A decision may only be called-in by the cChairman of the an Overview and Scrutiny Committee or any three Members of Council who are not members of Cabinet;
(ii) The Cchairm aen of the overview and scrutiny committee s will meetshall from time to time to review the exercise of the call-in power and the use of the urgency procedures set out in the following paragraph of this Rule. If the chairmen he/she believe s that call-in has been abused or used unreasonably, they he/ she shall request the Monitoring Officer to prepare alternative proposals for consideration by the Council to remedy the situation, The Cchairm aen will report annually to the Council on the operation of the call-in provisions.
Call-in and Urgency
(j) The call-in procedure set out above shall not apply where the decision being taken by the Cabinet is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would, for example, seriously prejudice the Council’s or the public’s interests. The record of the decision, and notice by which it is made public shall state whether, in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. The chairman of the Council must
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agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the chairman, the vice- chairman’s consent shall be required. In the absence of both, the head of paid service or his/her nominee’s consent shall be required. Decisions taken as a matter 138
of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.
(ii) The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.
17. The party whip
The phrase ‘the party whip’ means: "Any instruction given by or on behalf of a political group to any councillor who is a member of that group as to how that councillor shall speak or vote on any matter before the Council or any committee or sub-committee, or the application or threat to apply any sanction by the group in respect of that councillor should he/she speak or vote in any particular manner."
When considering any matter in respect of which a member of thean overview and scrutiny committee is subject to a party whip, the member must declare the existence of the whip, and the nature of it, before the commencement of the committee’s deliberations on the matter. The declaration, and the detail of the whipping arrangements, shall be recorded in the minutes of the meeting.
18. Procedure at overview and scrutiny committee meetings
(a) Overview and scrutiny committee s and sub-committees shall consider the following business:-
(i) minutes of the last meeting;
(ii) declarations of interest (including whipping declarations);
(iii) consideration of any matter referred to the committee for a decision in relation to call in of a decision;
(iv) responses of the Cabinet or Council to reports of the overview and scrutiny committee; and
(v) the business otherwise set out on the agenda for the meeting.
(b) Where the overview and scrutiny committee conducts investigations (e.g. with a view to policy development), the committee may also ask people to attend to give evidence at committee meetings which are to be conducted in accordance with the following principles:-
(i) that the investigation be conducted fairly and all members of the committee be given the opportunity to ask questions of attendees, and to contribute and speak;
(ii) that those assisting the committee by giving evidence be treated with respect and courtesy; and
(iii) that the investigation be conducted so as to maximise the efficiency of the investigation or analysis.
(c) Following any investigation or review, the committee shall prepare a report, for submission to the Cabinet and/or Council as appropriate, and shall make its report and findings public.
SLDC Constitution – PART 4 – September 2012 Page 168 APPENDIX 2(3) – PART 4 (extract)
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19. Matters within the remit of more than one overview and scrutiny committee
Where an overview and scrutiny committee conducts a review or scrutinises a matter which also falls (whether in whole or in part) within the remit of another overview and scrutiny committee, before submitting its findings to the Cabinet and/or Council for consideration, the report of the reviewing overview and scrutiny committee shall be considered by the other overview and scrutiny committee for comment. Those comments shall be incorporated into the report which is then sent to that body for consideration.
SLDC Constitution – PART 4 – September 2012 Page 169 APPENDIX 2(3) – PART 4 (extract)
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TABLE 1
Terms of Reference for the Overview and Scrutiny Committee s.
Membership
The Resources and PartnershipsThe Overview and Scrutiny Committee shall have ******twelve Council Members and up to five **** co-optees who may vote in accordance with the Council’s Scheme of Voting Rights for co-opted members of Overview and Scrutiny Committees.
The Communities Overview and Scrutiny Committee shall have twelve Council Members and up to five co-optees who may vote in accordance with the Council’s Scheme of Voting Rights for co-opted members of Overview and Scrutiny Committees.
Terms of Reference
To fulfil all the functions of the overview and scrutiny committee s in the areas detailed for each of the two committees in Article 6.01 of the Constitution.
SLDC Constitution – PART 4 – September 2012 Page 170 APPENDIX 2(3) – PART 4 (extract)
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SCHEME OF VOTING RIGHTS FOR CO-OPTED MEMBERS OF THE OVERVIEW &AND SCRUTINY COMMITTEE S
South Lakeland District Council, in exercise of the powers conferred by Schedule 1 of the Local Government Act 2000, as amended by Section 115 of the Local Government Act 2003, adopted the following Scheme on 16 July 2009:-
1. Citation This Scheme may be cited as the Scheme for Voting Rights for Co-opted Members of the Overview and Scrutiny Committee s 2. Definitions 2.1 This Scheme shall be called “The Scheme of Voting Rights for Co-opted Members of the Overview & and Scrutiny Committee s”. 2.2 In this Scheme: “Council” means South Lakeland District Council “Councillor” means an Elected Member of South Lakeland District Council. “Co-optee” means a person who is not a member of the Council but who is a member of an Overview and Scrutiny Committee. “Overview & Scrutiny Committee” means a Committee appointed pursuant to Section 21 of the Local Government Act 2000 3. The Scheme 3.1 The Council’s Constitution allows for each the Overview and Scrutiny Committee to appoint up to 25% of the total membership of an Overview & Scrutiny Commit tee as co-optees. Where voting co-optees are to be appointed these must be approved by full Council and operate in accordance with this Scheme. 3.2 The Council would like to draw on the experience and knowledge of people within South Lakeland when undertaking its Scrutiny function. There are a number of benefits to giving such co-opted Members voting rights. These include:- 3.2.1 Encouraging a sense of ownership and therefore more involvement by co-opted Members in debates before thea Scrutiny Committee. 3.2.2 Allowing non-elected Members of the public a more active voice in scrutiny. 3.2.3 Inclusivity in the decision making process of all who have contributed to a scrutiny process both elected and non-elected Members 3.2.4 Improved quality of decision making by including broader based issues and views. 3.2.5 A pseudo “partnership” approach to scrutiny decision making in line with the Government’s “Partnership Agenda”.
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3.3 There are also circumstances where co-opting non-voting Members also adds value to the scrutiny process. A person specification and role description for a co-opted member on Overview and& Scrutiny Committee is attached to this Scheme. 4. When a Co-optee may vote
Where co-optees have been approved by full Council as voting co-optees they may exercise a vote in considering items of business on Overview and Scrutiny Committees with the exception of those matters under discussion as set out under Paragraph 5 below. 5. When a Co-optee may not vote Voting rights will not apply in relation to the following matters of business:
a) Appointment of Chair/Vice-Chair of the Committee a) Call-ins exercised under the relevant provisions of the Local Government Act 2000 6. Voting Protocol of the Scheme To recognise the overarching importance of the elected accountability of Council Members the following Voting Protocol will be observed.
6.1 The total number of voting co-opted Members on any the Overview and Scrutiny Committee will not exceed 25% of the total membership of the Overview & Scrutiny Committee at any one time. 6.2 Co-opted Members will exercise their voting rights in accordance with the Principles of Decision Making set out in the Constitution, namely: To take into account all relevant considerations and to ignore irrelevant considerations. A realistic evaluation of alternatives and consultation through access by the public to decision-making and decision-makers. Proportionality [ie the action must be proportionate to the desired outcome]. Due consultation and the taking of professional advice from Officers. Respect for human rights. A presumption in favour of openness. Clarification of aims and desired outcomes. An explanation of the options that were considered and the reasons for the decision.
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7. General Principles 7.1 This Scheme and arrangements made in accordance with its terms shall be subject to regular review. 7.2 Co-opted Members will be subject to the Members’ Code of Conduct and must sign a declaration of office and complete a Register entry of any relevant interests. 7.3 Co-opted Members will be entitled to an allowance and/or reimbursement of their reasonable expenses in accordance with the Council’s Members’ Allowances Scheme.
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Page 174 Item No.9
PART I
South Lakeland District Council COUNCIL Meeting Date: 26 March 2013 Report Author: Chris Woods, Democratic and Electoral Services Manager Portfolio: Not applicable Report from: Director of Policy and Resources (Monitoring Officer) Wards affected: Not applicable Key Decision: Not applicable Forward Plan: Not applicable ANNUAL REVIEW AND SUGGESTED AMENDMENTS TO THE CONSTITUTION 1.0 PURPOSE OF REPORT 1.1 This report is presented to enable Council to consider suggested changes to the Constitution as part of the annual review process. 2.0 RECOMMENDATIONS It is recommended that Council–
1) Approve the recommendations from the Constitution Working Group in respect of the proposed amendments arising from the Annual Review of the Constitution as detailed at Appendix 1; and 2) Approve the recommendations for amendments put forward by the Constitution Working Group as detailed at Appendix 2.
3.0 BACKGROUND 3.1 One of the duties of the Monitoring Officer is to monitor and review, on an annual basis, the operation of the Constitution to ensure that its aims and principles are given full effect. 3.2 In undertaking the review, the Monitoring Officer has sought views of Members, Officers, partners, and also the public through the Council’s website and Citizen’s Panel, on any issues which they wished to raise with regard to the Constitution. The Constitution Working Group has also had the opportunity to consider comments received. Appendix 1 details the comments received pertaining to the Constitution Review as well as the views of the Monitoring Officer and the Constitution Working Group’s recommendations.
Page 175 3.3 The Constitutional Working Group has also made recommendations regarding Part 4 of the Constitution and these are attached as Appendix 2. Paragraphs which have been changed have been shaded in grey for ease of reference. 4.0 PROPOSAL 4.1 The Appendices attached to this report put forward proposals for changes to the Constitution. 5.0 ALTERNATIVE OPTIONS 5.1 The alternative option is not to approve the changes as proposed, or make amendments to the proposals. 7.0 NEXT STEPS 7.1 Once Council has approved the changes proposed, the Constitution will be amended accordingly. In accordance with current practice, all Members will receive a copy of the revised Constitution at the start of the new municipal year. 7.2 Further work is being undertaken in respect of revision of the protocols and the contract procedural rules. These will be brought to a future Council meeting in the new municipal year. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 There are no financial implications arising from this report. 8.2 Human Resources 8.2.1 There are no Human Resources implications arising from this report. 8.3 Legal 8.3.1 There are no legal implications arising from this report. 8.4 Social, Economic and Environmental Impact 8.4.1 A sustainability impact assessment has not been carried out. 8.4.2 This proposal is considered to have a neutral impact on sustainability. 9.0 RISK ASSESSMENT Risk Consequence Controls required That the Constitution is Challenge to decision Regular review and not fit for purpose making processes updating to reflect aims and principles and ensure that it meets any legislative requirements. 10.0 EQUALITY AND DIVERSITY
10.1 All appropriate legislation has been taken into account in considering this review.
Page 176 11.0 LINKS TO THE COUNCIL PLAN AND PERFORMANCE INDICATORS
11.1 The Constitution underpins the Council’s decision-making processes in achieving the aims and objectives of the Council’s Corporate Priorities.
12.0 CONCLUSION AND EXPECTED OUTCOMES
12.1 That the report is noted and that Members approve the recommended changes to the Constitution.
APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Comments received, with suggested actions, to the annual review of the Constitution 2 Part 4 of the Constitution - amended paragraphs shaded CONTACT OFFICERS Chris Woods, Democratic and Electoral Services Manager BACKGROUND DOCUMENTS AVAILABLE The Council’s Constitution; Local Government Act 2000 and Regulations made thereunder; The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. TRACKING Assistant Portfolio Holder Solicitor to the CMT Scrutiny Director Council Committee 12/3/13 n/a 12/3/13 n/a Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer n/a n/a 26/3/13 n/a 12/3/13 Human Resource Services Manager n/a
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Page 178 Appendix 1
CONSTITUTION REVIEW 2013
Suggestion/ comment Monitoring Officer Constitution Working Group
Part 2 - Paragraph 4.02 (b) should be reworded to The reference to Housing Land Recommend that this is adopted remove reference to Housing Land Transfer and Transfer can be deleted as the add a reference to all Council Capital Assets statutory provision is no longer Disposal relevant.
The disposal of assets is an Agree with Monitoring Officer operational matter and therefore an comment Executive function rather than a Council function. It is therefore not appropriate to add the reference to
Page 179 assets as suggested.
Part 2 - Paragraph4.02 (h) should be reworded to Councilllors must be elected to office Agree with Monitoring Officer ensure that honorary aldermen cannot add to the so this cannot apply. comment Council sum total of 51 Councillors, defined in 2.01 (a).
Part 2 – Paragraph 4.02 (J, k and l) should define These paragraphs set out the functions Agree with Monitoring Officer the maximum number of paid appointed officers. of the Full Council. It would not be comment Correlate with Paragraph 12.05. appropriate to add details of staffing requirements in this Part of the Constitution.
Part 2 – Paragraph 6.01 - The Community This can be reviewed following the Agree with Monitoring Officer Committee’s responsibilities should include those decision to be taken by Council about comment for overview of the Land Allocations Plan, Rural moving forward with the Scrutiny Green Spaces, Areas of Outstanding Natural process (March 2013). Beauty and Village Design Statements. Suggestion/ comment Monitoring Officer Constitution Working Group The Planning Committee in Part 3 does not appear to address these issues. Ref: Commons Land Act The County Council is the commons 2006 (Part 3, Schedule 1, Section I; 51-53). registration authority.
Paragraph 3.3 should define the maximum labour The Senior Management Structure is establishments and budget constraints for these contained at the back of the positions. Constitution. The Council’s Pay Policy is published on the website and contains information regarding pay and structure. Page 180 Amend Council procedural rules to permit If suggestion is supported, a Protocol Refer to Group Leaders for recording by Councillors attending the meeting would need to be drafted regarding discussion within Groups on process to be followed. whether the issue should be referred to Council
Amendments to Para 28 of the Financial Acceptable Recommend that this is adopted Procedure Rules in Part 4 of the Constitution:
28.3 The Assistant Director Resources, in consultation with the Portfolio Holder responsible for financial matters, be authorised to write-off irrecoverable business rate debts in excess of £5,000 but which do not exceed £35,000 and in all cases exceeding £5,000 where further recovery action is impossible because the debtor is subject to bankruptcy, liquidation or an administration order. In such cases to comply with requirements of the Official Receiver and other similar bodies the Suggestion/ comment Monitoring Officer Constitution Working Group debt may be written-off on Council records prior to formal approval by the Assistant Director Resources providing that approval is given within 14 days.
28.6 For debts which fall outside the categories stated in paras. 28.1 to 28.5 Cabinet approval will be required.
Paragraph 10.1 of Part 4 - Amendment to Council Cabinet reports are an opportunity for Recommend that this is adopted procedural rules so that Portfolio Holder reports to all Members to be advised of the work Council are only required once per quarter. of Portfolio Holders. If Members are
Page 181 (Cabinet Question Time to continue to be an content to receive reports from Cabinet agenda item on agendas for all Ordinary Council on a quarterly basis to Council this meetings) could be introduced - For Members to debate
Amend the Budget and Policy Framework For Members to debate Recommend this suggestion is not Procedure Rules to include that if there are taken forward at the present time as proposals for an alternative budget, to that being there is no evidence that there are proposed by the Cabinet, they must be received by problems with the current way in the S151 Officer at least 9 working days before the which the alternative budget meeting of the Council. This would allow the S151 proposals are dealt with. Officer sufficient time to fulfil their statutory duty to comment on the robustness of the estimates and the adequacy of reserves contained within the alternative budget proposal as required by Section 25, Local Govt Act 2001
Amend Council Procedural Rules so that all For Members to debate Recommend that this is adopted. Suggestion/ comment Monitoring Officer Constitution Working Group Councillors attending meetings must either switch off mobile phones or put them on silent during meetings.
Page 182 Appendix 2
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PART 4
RULES OF PROCEDURE
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91
Rules of Procedure Council Procedure Rules CONTENTS
Rule Page
1. Annual meeting of the Council 93
2. Ordinary meetings 94
3. Extraordinary meetings 94
4. Time and place of meetings 94
5. Notice of and summons to meetings 95
6. Chair of meeting 95
7. Quorum 95
8. Duration of Meeting 95
9. Questions by the public 95
10. Questions by members 97
11. Motions on notice 98
12. Motions without notice 99
13. Rules of debate 99
14. Previous decisions and motions 102
15. Voting 102
16. Minutes 103
17. Record of attendance 103
18. Exclusion of public 103
19. Members' conduct 103
20. Disturbance by public 104
21. Suspension and amendment of Council Procedure Rules 104
22. Application to committees and sub-committees 104
SLDC Constitution – PART 4 – March 2013 Page 184 92
93
1 ANNUAL MEETING OF THE COUNCIL
1.1 Timing and business
In a year when there is an ordinary election of councillors, the annual meeting will take place within 21 days of the retirement of the outgoing councillors. In any other year, the annual meeting will take place in March, April or May.
The annual meeting will:
(i) elect a person to preside if the Chairman of Council is not present;
(ii) elect the Chairman of Council;
(iii) elect the Vice Chairman of Council;
(iv) approve the minutes of the last meeting;
(v) receive any announcements from the Chairman and/ or Head of the Paid Service;
(vi) elect the Leader (in the year in which the current Leader’s term of office expires);
(vii) receive a report from the Leader on the Members to be appointed to the Cabinet and their portfolios;
(viii) receive a report from the Leader of the Opposition Group on the Members to be appointed to the Shadow Cabinet and their portfolio areas;
(viii) appoint at least one Overview and Scrutiny committee, a Standards Committee and such other committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are executive functions as set out in Part 3, Table 1 of this Constitution;
(ix) agree the scheme of delegation or such part of it as the Constitution determines it is for the Council to agree as set out in Part 3 Table 3 of this Constitution);
(x) approve a programme of ordinary meetings of the Council for the forthcoming municipal year;
(xi) consider any business set out in the notice convening the meeting; and
(xii) receive any declarations of interest from Members.
1.2 Selection of Councillors on Committees and Outside Bodies
At the annual meeting, the Council meeting will:
(i) decide which committees to establish for the municipal year;
(ii) decide the size and terms of reference for those committees;
(iii) decide the allocation of seats (and substitute seats) to political groups in accordance with the political balance rules;
(iv) receive nominations of councillors to serve on each committee and outside body; and
(v) appoint to those committees and outside bodies except where appointment to those bodies has been delegated by the Council or is exercisable only by the Cabinet.
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2. ORDINARY MEETINGS
Ordinary meetings of the Council will take place in accordance with a programme decided at the Council's annual meeting. Ordinary meetings will:
(i) elect a person to preside if the Chairman and Vice Chairman are not present;
(ii) approve the minutes of the last meeting;
(iii) receive any declarations of interest from Members;
(iv) receive any announcements from the Chairman, Leader, members of the Cabinet or the Head of Paid Service;
(v) receive questions from, and provide answers to, the public in relation to matters which in the opinion of the person presiding at the meeting are relevant to the business of the meeting, in accordance with the Council’s Public Participation Scheme;
(vi) deal with any business from the last Council meeting;
(vii) receive a report from the Leader on any changes made to Cabinet appointments;
(viii) receive a composite report from the Cabinet and individual reports from the Council’s committees and receive questions and answers on any of those reports;
(ix) with the exception of the Annual Council meeting, to receive questions for Members of the Cabinet on matters relating to their portfolio areas, and provide answers to those questions ;
(ix) receive reports about and receive questions and answers on the business of joint arrangements and external organisations;
(x) consider motions; and
(xi) consider any other business specified in the summons to the meeting, including consideration of proposals from the Cabinet in relation to the Council's budget and policy framework and reports of the overview and scrutiny committees for debate.
3. EXTRAORDINARY MEETINGS
3.1 Calling extraordinary meetings.
Those listed below may request the Proper Officer to call Council meetings in addition to ordinary meetings:
(i) the Council by resolution;
(ii) the Chairman of the Council;
(iii) the Monitoring Officer; and
(iv) any five members of the Council if they have signed a requisition presented to the Chairman of the council and he/ she has refused to call a meeting or has failed to call a meeting within seven working days of the presentation of the requisition.
4. TIME AND PLACE OF MEETINGS
4.1* The time and place of meetings will be determined by the Director of Policy and Resources (Monitoring Officer) and notified in the summons.
SLDC Constitution – PART 4 – March 2013 Page 186 4.2* If an evening meeting, this will be set at 6.30 p.m. to 9.30 p.m., except for the annual meeting which will commence at 5.30 p.m.
5. NOTICE OF AND SUMMONS TO MEETINGS
The Director of Policy and Resources (Monitoring Officer) will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. At least five clear days before a meeting, the Director of Policy and Resources (Monitoring Officer) will send a summons signed by him or her by post, including email if appropriate, to every member of the Council or leave it at their usual place of residence. The summons will give the date, time and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available.
6.* CHAIR OF MEETING
The person presiding at the meeting may exercise any power or duty of the Chairman. Where these rules apply to committee and sub-committee meetings, references to the Chairman also include the Chairman of committees and sub-committees.
7.* QUORUM
Unless otherwise specified in the Terms of Reference, the quorum of a meeting will be one quarter of the whole number of Members. During any meeting if the Chairman counts the number of Members present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the Chairman. If he/ she does not fix a date, the remaining business will be considered at the next ordinary meeting.
8.* DURATION OF EVENING MEETINGS
Unless the majority of Members present vote for the meeting to continue, any evening meeting that has lasted for 3 hours will adjourn immediately. Remaining business will be considered at a time and date fixed by the Chairman. If he/she does not fix a date, the remaining business will be considered at the next meeting.
9. QUESTIONS BY THE PUBLIC
9.1 General
Members of the public may ask questions of the Council and Cabinet members at ordinary meetings of the Council, and may present petitions and deputations (see the Appendices to this Part).
9.2 Order of questions
Questions will be asked in the order they were received, except that the Chairman may group together similar questions.
9.3 Submitting questions
A question may only be asked if it has been delivered in writing or by electronic mail to the Democratic and Electoral Services Manager before the commencement of the meeting. Where the meeting is being held outside normal office hours, this should be by 5.00 p.m. on the day of the meeting.
Each question must give the name and address of the questioner and must name the Councillor to whom it is to be put.
9.4 Number of questions
At any meeting only one question can be asked by any person or organisation.
SLDC Constitution – PART 4 – March 2013 Page 187 9.5 Scope of questions
The Director of Policy and Resources (Monitoring Officer) may reject a question if it:
• is not about a matter for which the local authority has a responsibility or which affects the district;
• is defamatory, frivolous or offensive;
• is substantially the same as a question which has been put at a meeting of the Council in the past six months whether or not it has been put by the same person or organisation; or
• requires the disclosure of confidential or exempt information.
Should the Monitoring Officer decide to reject a question, the person or organisation who has submitted should be given the reason why the question has been rejected.
9.6 Record of questions
The Director of Policy and Resources (Monitoring Officer) will send a copy of the question to the relevant Member. Where practicable to do so, copies of all questions will be circulated to all Members and will be made available to the public attending the meeting.
9.7 Asking the question at the meeting
The Chairman will invite the questioner to put the question to the Member to whom the question is directed.
If a questioner who has submitted a written question is unable to be present, they may ask the Chairman to put the question on their behalf. The Chairman may – • ask the question on the questioner's behalf; • indicate that a written reply will be given; or • decide, in the absence of the questioner, that the question will not be dealt with.
9.8 Supplemental question
A questioner who has put a question in person may also ask one supplementary question to the Member who has replied to it without needing to give advance notice of this intention. A supplementary question must arise directly out of the original question or the reply. The Chairman may reject a supplementary question on any of the grounds in Rule 9.5 above.
9.9 Written answers
Any question which cannot be dealt with during public question time, either because of lack of time or because of the non-attendance of the Member to whom it was to have been put, will be dealt with by a written answer.
9.10 Reference of question to the Cabinet or a committee
Unless the Chairman decides otherwise, no discussion will take place on any question, but any Member may move that a matter raised by a question is referred to the Cabinet or the appropriate committee or sub-committee. Once seconded, such a motion will be voted on without discussion.
10. QUESTIONS BY MEMBERS
10.1 On the composite report of the Cabinet
SLDC Constitution – PART 4 – March 2013 Page 188 A composite report of the Cabinet will be presented to ordinary meetings of the Council, excluding the Annual Meeting and Extraordinary Meetings. Members may put questions on the content of the composite report to appropriate Cabinet Members.
10.2 Cabinet Question Time
A period of 30 minutes will be allocated at each ordinary meeting of the Council, excluding the Annual Meeting and Extraordinary Meetings, during which Members may ask questions of the Executive on any topic that is within the jurisdiction or reasonable influence of the Council and is relevant to the Leader or the Portfolio Holder’s area of responsibility in accordance with the procedure set out in Rule 10.3.
10.3 Procedure for putting Questions during Cabinet Question Time ( Rule 10.2)
The following procedure will be followed for putting questions during Cabinet Question Time
• Questions which are submitted in writing will be taken first. • Written questions should be submitted in writing to the Democratic and Member Services Manager at least 24 hours’ prior to the date of the relevant Council meeting. • The Leader and/or Portfolio Holder will be notified as soon as possible of the receipt of a written question. • Written questions will be taken in the alphabetical order of the name of the Member putting the question. This will be alternated from meeting to meeting. • Where a Member submits more than one question for a meeting, he/ she will be able to ask his/her first question in accordance with the alphabetical order. His/ her subsequent question(s) will be taken after all other Members have asked their first or sole questions. If more than one Member falls into this category then the subsequent questions will be asked alternatively until all questions have been asked or the 30 minute period has expired. • In the event that it is not possible to ask a written question due to lack of time, the Leader or relevant Portfolio Holder will provide a written answer to the question following the meeting. This will also be circulated to all Members. • Once all written questions have been dealt with, and subject to time remaining within the 30 minute period, Members will be able to put questions from the floor to appropriate Portfolio Holders present in the room, provided that they comply with the criteria in paragraph 10.2 above. If more than one such question is asked the procedure set above shall apply. • Once a response has been given to the question, the Member who asked the question may ask one supplementary question without notice, to the Member to whom the first question was asked. The supplemental question must arise directly out of the original question or the reply.
10.3 Response
An answer to either a written question, supplementary question or oral question put during Cabinet Question Time may take the form of:
(a) a direct oral answer;
(b) where the desired information is in a publication of the Council or other published work, a reference to that publication; or
(c) where the reply cannot conveniently be given orally, a written answer circulated later to the questioner and all other members.
10.4 On reports of a committee
A Member of the Council may ask the Chairman of a committee any question without prior notice about an item of a report of the committee when that item is being received or under consideration by the Council
SLDC Constitution – PART 4 – March 2013 Page 189 10.5 Questions on notice at full Council
Subject to Rule 10.7, a Member of the Council may ask the Chairman of the Council or the Chairman of any committee or sub-committee a question on any matter in relation to which the Council has powers or duties or which affects the area.
10.6 Questions on notice at committees and sub-committees
Subject to Rule 10.7, a member of a committee or sub-committee may ask the Chairman of it a question on any matter in relation to which the Council has powers or duties or which affect the area and which falls within the terms of reference of that committee or sub-committee
10.7 Notice of questions
A Member may only ask a question under Rule 10.5 or 10.6 if either:
(a) they have given at least one working day’s notice in writing of the question to the Director of Policy and Resources (Monitoring Officer); or
(b) the question relates to urgent matters, they have the consent of the Chairman to whom the question is to be put and the content of the question is given to the Director of Policy and Resources (Monitoring Officer) by 10.00 a.m. on the day of the meeting.
10.8 Response
An answer to a question put under Rules 10.4, 10.5 or 10.6 shall take any of the forms set out in Rule 10.3
10.9 Supplementary question
A Member asking a question under Rules 10.4, 10.5 or 10.6, may either make a response to the question, or may ask one supplementary question without notice to the Member to whom the first question was asked. The response or supplemental question must arise directly out of the original question or the reply.
10.10 Length of Questions/Responses
Each question and each response under this Rule 10 shall be restricted to three minutes.
11 MOTIONS ON NOTICE
11.1* Notice
Except for motions which can be moved without notice under Rule 12, and notice of a motion to remove the Leader as set out in 11.2 below, written notice of every motion, signed by at least one Member, must be delivered to the Director of Policy and Resources (Monitoring Officer) at least 8 clear working days before the date of the meeting. All Notices of Motion will be displayed on the Council’s website.
11.2* Notice to Remove the Leader
Written notice, signed by three Councillors calling for the removal of the Leader and the appointment of another named Councillor as Leader, must be delivered to the Director of Policy and Resources (Monitoring Officer) at least 8 clear working days before the date of the meeting. Receipt of Notices to Remove the Leader will be displayed on the Council’s website.
11.3* Motion set out in agenda
Where Notice of Motion have been submitted as per above, it will be listed on the agenda in the order in which notice was received, unless the Member giving notice states, in writing, that he/she proposes to move it to a later meeting or withdraw it.
SLDC Constitution – PART 4 – March 2013 Page 190 11.4* Scope
Motions must be about matters for which the Council has a responsibility or which affect the area.
12. * MOTIONS WITHOUT NOTICE
The following motions may be moved without notice:
(a) to appoint a Chairman of the meeting at which the motion is moved;
(b) in relation to the accuracy of the minutes;
(c) to change the order of business in the agenda;
(d) to refer something to an appropriate body or individual;
(e) to appoint a committee or Member arising from an item on the summons for the meeting;
(f) to receive reports or adopt recommendations of committees or officers and any resolutions following from them;
Where the next meeting for the purpose of signing the minutes is an Extraordinary meeting (called under paragraph 3 of schedule 12 to the Local Government Act 1972) then the next following ordinary meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for signing of minutes.
17. * RECORD OF ATTENDANCE
The Director of Policy and Resources (Monitoring Officer) will keep a record of attendance at every meeting.
18.* EXCLUSION OF PUBLIC
Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 21 (Disturbance by Public).
19. DISCLOSABLE PECUNIARY INTERESTS
19.1* Declaration of Disclosable Pecuniary Interests at Meetings
(a) A Member who has declared a disclosable pecuniary interest, as required by the Council’s Code of Conduct, in the District Councillors’ Register of Disclosable and Other Interests and the meeting is to consider, or is considering, a matter which relates to that interest should declare that they have such an interest to the meeting and leave the room without taking part in the debate or determination of the matter.
(b) If an interest has not been entered into the Register and the Member is attending a meeting where they find that they have a disclosable pecuniary interest in a matter under consideration, then the Member must disclose the interest to the meeting and leave the room without taking part in the debate or determination of the matter.
(c) Where the Member has a sensitive interest as described by the Localism Act 2011, they need not declare the full nature of the interest as in (a) and (b) above when making their declaration at the meeting. . 19.2* Circumstances in which a Member with a disclosable pecuniary interest can remain in the meeting
SLDC Constitution – PART 4 – March 2013 Page 191
If a dispensation has been granted to a Member in relation to a disclosable pecuniary interest then, subject to the terms of the dispensation, the Member may be relieved from the above restrictions but will still be required to declare the interest to the meeting.
19.3 Standing to speak
When a Member speaks at full Council they must normally stand and address the meeting through the Chairman. If more than one Member stands, the Chairman will ask one to speak and the other(s) must sit. Other Members must remain seated whilst a Member is speaking unless they wish to make a point of order or a point of personal explanation.
19.4* Chairman standing
When the Chairman stands during a debate, any Member speaking at the time must stop and sit down. The meeting must be silent.
19.5* Member not to be heard further
If a Member persistently disregards the ruling of the Chairman by behaving improperly or offensively or deliberately obstructs business, the Chairman may move that the Member be not heard further. If seconded, the motion will be voted on without discussion.
19.6* Member to leave the meeting
If the Member continues to behave improperly after such a motion is carried, the Chairman may move that either the Member leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.
19.7* General disturbance
If there is a general disturbance making orderly business impossible, the Chairman may adjourn the meeting for as long as he/ she thinks necessary.
20. DISTURBANCE BY PUBLIC
20.1* Removal of member of the public
If a member of the public interrupts proceedings, the Chairman will warn the person concerned. If they continue to interrupt, the Chairman will order their removal from the meeting room.
20.2* Clearance of part of meeting room
If there is a general disturbance in any part of the meeting room open to the public, the Chairman may call for that part to be cleared.
21. SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES
21.1* Suspension
All of these Council Rules of Procedure, except Rules 15.6 (Right to require individual vote to be recorded) and 16.2 (No requirement to sign minutes of previous meeting at extraordinary meeting), may be suspended by motion on notice or without notice if at least one half of the whole number of Members of the Council are present. Suspension can only be for the duration of the meeting.
21.2* Amendment
Any motion to add to, vary or revoke these Council Rules of Procedure will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.
SLDC Constitution – PART 4 – March 2013 Page 192 22. APPLICATION TO COMMITTEES AND SUB-COMMITTEES
22.1* All of the Council Rules of Procedure apply to meetings of full Council. None of the rules apply to meetings of the Cabinet. Subject to Rule 22.2, only Rules 4, 6-8, 11-22 apply to meetings of committees and sub-committees (These are shown with an asterisk next to their number).
22.2 In the case of Lake Administration Committee the quorum of a meeting will be one quarter of the whole membership of that Committee comprising Council Members and Co-opted Members and of those persons present the Members of the Council shall be in the majority.
SLDC Constitution – PART 4 – March 2013 Page 193 117
ACCESS TO INFORMATION PROCEDURE RULES
1. SCOPE
These rules apply to all meetings of the Council, overview and scrutiny committees, area committees (if any), the Standards Committee and regulatory and other committees and public meetings of the Cabinet (together called meetings).
In addition, rules 4.2 and 4.3 apply to the Cabinet, a committee of the Cabinet, a joint committee or a sub-committee of a joint committee, where all the members of the joint committee are Cabinet members, which is authorised to discharge the function to which the executive decision relates; or an area committee of the Cabinet (together called executive meetings).
2. ADDITIONAL RIGHTS TO INFORMATION
These rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law.
3. RIGHTS TO ATTEND MEETINGS
Members of the public may attend all meetings subject only to the exceptions in these rules.
4. NOTICES OF MEETING
4.1 The Council will give at least five clear days notice of any meeting by posting details of the meeting at South Lakeland House, Kendal, Cumbria.
4.2 Where a meeting, or part of a meeting, of the executive is to be held in private the following procedure must be followed –
(a) The decision maker will give at least 28 days notice of their intention to hold the meeting in private by posting a statement of the reasons for doing so at South Lakeland House, Kendal, Cumbria and on the Council’s website; and
(b) At least five clear days before the date of the private meeting, they will publish a further notice stating the reasons why the meeting is being held in private, details of any representations which have been received to hold the meeting in public and a statement of the response to such representations. This notice to be published at South Lakeland House, Kendal, Cumbria and on the Council’s website.
4.3 Where it is impracticable to comply with the requirement in 4.2 above because of the date by which the meeting must take place, it can still be held in private subject to compliance with the following –
(a) The Chairman of the relevant Overview and Scrutiny Committee; or
(b) If there is no such person, or if the Chairman of the relevant Overview and Scrutiny Committee is unable to act, the Chairman of the Council; or
(c) Where both the Chairman of the relevant Overview and Scrutiny Committee or Chairman of the Council are unavailable, the Vice Chairman of the Council -
has agreed that the meeting is urgent and cannot reasonably be deferred and, as soon as practicable after the agreement has been given notice to that effect, setting out the reasons why the meeting is urgent and cannot be deferred is published at South Lakeland House, Lowther Street, Kendal and on the Council’s website.
SLDC Constitution – PART 4 – March 2013 Page 194 5. ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING
The Council will make copies of the agenda and reports open to the public available for inspection at the designated office at least five clear days before the meeting. If an item is added to the agenda later, the revised agenda (where reports are prepared after the summons has been sent out, the designated officer shall make each such report available to the public as soon as the report is completed and sent to councillors) will be open to inspection from the time the item was added to the agenda.
6. SUPPLY OF COPIES
The Council will supply copies of:
(a) any agenda and reports which are open to public inspection;
(b) any further statements or particulars necessary to indicate the nature of the items in the agenda; and
(c) if the Director of Policy And Resources (Monitoring Officer) thinks fit, copies of any other documents supplied to councillors in connection with an item to any person on payment of a charge for postage and any other costs.
7. ACCESS TO MINUTES ETC AFTER THE MEETING
The Council will make available copies of the following for six years after a meeting:
(a) the minutes of the meeting or records of decisions taken, together with reasons, for all meetings of the Cabinet, excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information;
(b) a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record;
(c) the agenda for the meeting; and
(d) reports relating to items when the meeting was open to the public.
8. BACKGROUND PAPERS
8.1 List of background papers
The proper officer will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in his/ her opinion:
(a) disclose any facts or matters on which the report or an important part of the report is based; and
(b) which have been relied on to a material extent in preparing the report but does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of Cabinet reports, the advice of a political advisor.
8.2 Public inspection of background papers
The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.
In additions subject to rule 8.1 above, in the case of executive decisions, a copy of all background documents will be made available for inspection at South Lakeland House,
SLDC Constitution – PART 4 – March 2013 Page 195 Kendal and on the Council’s website at the same time as the report, or part of the report, is available for public inspection.
9. SUMMARY OF PUBLIC'S RIGHTS
A written summary of the public's rights to attend meetings and to inspect and copy documents is kept at and made available to the public at the Council's main offices.
10. EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS
10.1 Confidential information - requirement to exclude public
The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed.
10.2 Exempt information - discretion to exclude public
The public may be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed.
Where the meeting will determine any person's civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.
10.3 Meaning of confidential information
Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or information which cannot be publicly disclosed by Court Order.
10.4 Meaning of exempt information
Exempt information means information falling within the following categories (subject to any condition):
Category
1 Information relating to any individual.
2 Information which is likely to reveal the identity of an individual.
3 Information relating to the financial or business affairs of any particular person [including the authority holding that information]. 4 Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority. 5 Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 6 Information which reveals that the authority proposes -
a) To give under any enactment a notice under or by virtue of which requirements are imposed on a person; or b) To make an order or direction under any enactment.
7 Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
SLDC Constitution – PART 4 – March 2013 Page 196 Conditions:
Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under - a) The Companies Act 1985;
b) The Friendly Societies Act 1974;
c) The Friendly Societies Act 1992;
d) The Industrial and Provident Societies Acts 1965 to 1978;
e) The Building Societies Act 1986; or
f) The Charities Act 1993.
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992. Information which -
a) Falls within any of paragraphs 1 to 7 above; and
b) Is not prevented from being exempt by virtue of paragraph 8 or 9 above,
Is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
11. EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS
If the Director of Policy and Resources (Monitoring Officer) thinks fit, the Council may exclude access by the public to reports which in his or her opinion relate to items during which, in accordance with Rule 10, the meeting is likely not to be open to the public. Such reports will be marked "Not for publication" together with the category of information likely to be disclosed.
Where the report relates to an executive decision being made, notice of the fact that the decision will be taken in private will be advertised in accordance with rule 4.2 above.
12. APPLICATION OF RULES TO THE CABINET
Rules 13 - 24 apply to the Cabinet and its committees. If the Cabinet or its committees meet to take a key decision then it must also comply with Rules 1 - 11 unless Rule 15 (general exception) or Rule 16 (special urgency) apply. A key decision is as defined in Article 13.03 of this Constitution.
If the Cabinet or its committees meet to discuss a key decision to be taken collectively, with an officer other than a political assistant present, within 28 days of the date according to the Key Decision Notice by which it is to be decided, then it must also comply with Rules 1 - 11 unless Rule 15 (general exception) or Rule 16 (special urgency) apply. A key decision is as defined in Article 13.03 of this Constitution. This requirement does not include meetings, whose sole purpose is for officers to brief members.
13. PROCEDURE BEFORE TAKING KEY DECISIONS
Subject to Rule 15 (general exception) and Rule 16 (special urgency), a key decision may not be taken unless:
(a) a notice (called a Key Decision Notice) has been published in connection with the matter in question;
SLDC Constitution – PART 4 – March 2013 Page 197
(b) at least 28 clear days have elapsed since the publication of the Key Decision Notice; and
(c) where the decision is to be taken at a meeting of the Cabinet or its committees, notice of the meeting has been given in accordance with Rule 4 (notice of meetings) and Rule 8 re background documents
14. THE KEY DECISION NOTICE
14.1 Period of Key Decision Notice
Key Decision Notices will be prepared on a weekly basis.
14.2 Contents of the Key Decision Notice
The Key Decision Notice will contain matters which the decision maker has reason to believe will be subject of a key decision to be taken by the Cabinet, a committee of the Cabinet, individual members of the Cabinet, officers, area committees or under joint arrangements in the course of the discharge of an executive function.. It will describe the following particulars in so far as the information is available or might reasonably be obtained:
(a) the matter in respect of which a decision is to be made;
(b) where the decision taker is an individual, his/ her name and title, if any and where the decision taker is a body, its name and membership list of its members;
(c) the date on which, or the period within which, the decision will be taken;
(d) a list of the documents submitted to the decision maker for consideration in relation to the matter; (e) subject to any prohibition or restriction on their disclosure, the address from which copies of , or extracts from, any document listed is available; (f) that other documents relevant to those matters may be submitted by the decision maker; and (g) if applicable, the procedure for requesting details of those documents as they become available.
14.3 Publication of the Key Decision Notice
Subject to General Exceptions rules and cases of special urgency, the Key Decision Notice must be published at least 28 clear days before the decision is made.
Exempt information need not be included in a Key Decision Notice and confidential information cannot be included.
15. GENERAL EXCEPTION
If a matter which is likely to be a key decision has not been included in the Key Decision Notice, then subject to Rule 16 (special urgency), the decision may still be taken ifit is impracticable to include the intention to take a key decision in a Key Decision Notice in accordance with Rule 14 above, subject to the following -
(a) the proper officer has informed the chairman of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter to which the decision is to be made and the reasons why compliance with Rule 14 is impracticable;
SLDC Constitution – PART 4 – March 2013 Page 198 (b) the proper officer has made copies of that notice available to the public at the offices of the Council and published it on the Council’s website; and (d) at least 5 clear days have elapsed since the proper officer complied with (a) and (b). Where such a decision is taken collectively, it must be taken in public unless the information is exempt.
16. SPECIAL URGENCY
If by virtue of the date by which a decision must be taken Rule 15 (general exception) cannot be followed, then the decision can only be taken if the decision maker (if an individual) or the chairman of the body making the decision, obtains the agreement of the chairman of a relevant overview and scrutiny committee that the taking of the decision is urgent and cannot be reasonably deferred. If there is no chairman of a relevant overview and scrutiny committee, or if the chairman of the relevant overview and scrutiny committee is unable to act, then the agreement of the chairman of the Council, or in his/ her absence the vice chairman will suffice.
As soon as is practicable, the decision maker must publish a notice at South Lakeland House, Kendal and on the Council’s website setting out the reasons why the meeting is urgent and cannot be reasonably deferred.
17. REPORT TO COUNCIL
17.1 When an overview and scrutiny committee can require a report
If an overview and scrutiny committee thinks that a key decision has been taken which was not:
(a) included in the Key Decision Notice; or (b) the subject of the general exception procedure; or (c) the subject of an agreement with a relevant overview and scrutiny committee chairman, or the chairman/ vice chairman of the Council under Rule 16; the committee may require the Cabinet to submit a report to the Council within such reasonable time as the committee specifies.
The power to require a report rests with the committee, but is also delegated to the Monitoring Officer, who shall require such a report on behalf of the committee when so requested by the chairman or any 5 members. Alternatively the requirement may be raised by resolution passed at a meeting of the relevant overview and scrutiny committee.
17.2 Cabinet's report to Council
The Cabinet will prepare a report for submission to the next available meeting of the Council. However, if the next meeting of the Council is within 7 days of receipt of the written notice, or the resolution of the committee, then the report may be submitted to the meeting after that. The report to Council will set out particulars of the decision, the individual or body making the decision, and if Cabinet is of the opinion that it was not a key decision the reasons for that opinion.
17.3 Quarterly reports on special urgency decisions
In any event the leader will submit quarterly reports to the Council on the executive decisions taken in the circumstances set out in Rule 16 (special urgency) in the preceding three months. The report will include the particulars of each decision made and a summary of the matters in respect of which those decisions were taken.
18. RECORD OF DECISIONS
After any meeting of the Cabinet or any of its committees, whether held in public or private, the Director of Policy and Resources (Monitoring Officer) or, where no officer was present, the
SLDC Constitution – PART 4 – March 2013 Page 199 person presiding at the meeting, will produce a record of every decision taken at that meeting as soon as practicable. The record will include the following –
A record of the decision including the date it was made; A record of the reasons for the decision; Details of any alternative options considered and rejected by the decision maker at the meeting at which the decision was made; A record of any conflict of interest relating to the matter decided which is declared by any member of the decision making body which made the decision; and In respect of declared interests, a note of any dispensation granted by the head of paid service or Monitoring Officer/Standards Committee.
19. CABINET MEETINGS RELATING TO MATTERS WHICH ARE NOT KEY DECISIONS
The Cabinet will meet in public for all its decisions, except where they relate to exempt or confidential matters.
20. OFFICERS
The head of the paid service, the chief finance officer and the monitoring officer, and their nominees are entitled to attend any meeting of the Cabinet and its committees. The Cabinet may not meet unless the proper officer has been given reasonable notice that a meeting is to take place.
21. EXECUTIVE DECISIONS BY INDIVIDUAL MEMBERS OF THE CABINET
21.1 Reports intended to be taken into account
Where an individual member of the Cabinet receives a report which he/ she intends to take into account in making any executive, including key decisions, then he/ she will not make the decision unless they comply with rule 14 above.
21.2 Provision of copies of reports to overview and scrutiny committees
On giving of such a report to an individual decision maker, the person who prepared the report will give a copy of it to the chair of every relevant overview and scrutiny committee as soon as reasonably practicable, and make it publicly available at the same time.
21.3 Record of individual executive decision
As soon as reasonably practicable after an executive decision has been taken by an individual member of the Cabinet, he/ she will prepare, or instruct the proper officer to prepare, a written statement of the executive decision which includes the information specified at rule 18 above. The provisions of Rules 7 and 8 (inspection of documents after meetings) will also apply to the making of decisions by individual members of the Cabinet. This does not require the disclosure of exempt or confidential information or advice from a political adviser.
22. EXECUTIVE DECISIONS BY OFFICERS
As soon as is reasonably practicable after an officer has made an executive decision, the officer must produce a written statement which includes the information specified at rule 18 above.
23. OVERVIEW AND SCRUTINY COMMITTEES ACCESS TO DOCUMENTS
23.1 Rights to copies
Subject to Rule 23.2 below, a member of an overview and scrutiny committee (including its sub-committees) will be entitled to copies of any document which is in the possession or control of the Cabinet or its committees and which contains material relating to -
SLDC Constitution – PART 4 – March 2013 Page 200
(a) any business transacted at a public or private meeting of the Cabinet or its committees; or
(b) any decision taken by an individual member of the Cabinet or officer.
Any document requested in accordance with this rule must be provided as soon as reasonably practicable and in any case, no later than 10 clear days after the request is received.
Where it is determined that the member of an overview and scrutiny committee is not entitled to a copy of a document, or part of any such document, because it does not fall within the requirements of this rule, Cabinet must provide the overview and scrutiny committee with a written statement setting out its reasons for that decision.
23.2 Limit on rights
No Member of an overview and scrutiny committee will be entitled to a copy of:
(a) any part of a document that contains exempt or confidential information, unless – • information is relevant to an action or decision they are reviewing or scrutinising or intend to scrutinise; or any review contained in the committee’s work programme; or (b) the advice of a political adviser.
Where it is determined that the member of an overview and scrutiny committee is not entitled to a copy of a document, or part of any such document, for the reasons set out in this rule, Cabinet must provide the overview and scrutiny committee with a written statement setting out its reasons for that decision.
24. ADDITIONAL RIGHTS OF ACCESS FOR MEMBERS
24.1 Material relating to public meetings
Subject to rule 14, all members will be entitled to inspect any document which is in the possession or under the control of the Cabinet or its committees and contains material relating to any business to be transacted at a public meeting at least 5 clear days before the meeting, subject to the following exceptions – (a) Where the meeting is convened at shorter notice, the document must be available for inspection when the meeting is convened; and (b) Where an item is added to the agenda at shorter notice, the document must be available for inspection when the item is added to the agenda.
24.2 Material relating to private meetings, individual member or officer executive decisions
Subject to rule 14, after an executive decision had been made by an individual member or officer, or at the conclusion of a private meeting or in any event, within 24 hours from when the decision is made or the conclusion of the meeting, all Members will be entitled to inspect any document containing material relating to any business transacted during the private meeting which is in the possession or under the control of the Cabinet or its committees unless either (a) or (b) below applies.
(a) it contains exempt information falling within paragraphs 1 to 7, 7A, 7B and 7C of the categories of exempt information; or
(b) it contains the advice of a political adviser.
Rule 24.1 and 24.2 do not require the document to be available for inspection if the information falls within paragraph 2 (except to the extent that it relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract); or paragraph 6 of the categories of exempt information as set out in Rule 10.4.
SLDC Constitution – PART 4 – March 2013 Page 201 23.3 Nature of rights
These rights of a member are additional to any other right he/ she may have.
SLDC Constitution – PART 4 – March 2013 Page 202 129
CABINET PROCEDURE RULES
1. HOW DOES THE CABINET OPERATE?
1.1 Who may make executive decisions?
The arrangements for the discharge of executive functions may be set out in the executive arrangements adopted by the Council. If they are not set out there, then the leader may decide how they are to be exercised. In either case, the arrangements or the leader may provide for executive functions to be discharged by: i) the Cabinet as a whole; ii) a committee of the Cabinet; iii) an individual member of the Cabinet; iv) an officer; v) an area committee; vi) joint arrangements; or vii) another local authority.
1.2 Delegation by the leader
At the annual meeting of the Council, the leader will present to the Council a written record of delegations made by him/ her for inclusion in the Council's scheme of delegation at Part 3 to this Constitution. The document presented by the leader will contain the following information about executive functions in relation to the coming year: i) the extent of any authority delegated to Cabinet members individually, including details of the limitation on their authority; ii) the terms of reference and constitution of such executive committees as the leader appoints and the names of Cabinet members appointed to them; iii) the nature and extent of any delegation of executive functions to area committees, any other authority or any joint arrangements and the names of those Cabinet members appointed to any joint committee for the coming year; and iv) the nature and extent of any delegation to officers with details of any limitation on that delegation, and the title of the officer to whom the delegation is made.
1.3 Sub-delegation of executive functions
(a) Where the Cabinet, a committee of the Cabinet or an individual member of the Cabinet is responsible for an executive function, they may delegate further to an area committee, joint arrangements or an officer.
(b) Unless the Council directs otherwise, if the leader delegates functions to the Cabinet, then the Cabinet may delegate further to a committee of the Cabinet or to an officer.
(c) Unless the leader directs otherwise, a committee of the Cabinet to whom functions have been delegated by the leader may delegate further to an officer.
(d) Even where executive functions have been delegated, that fact does not prevent the discharge of delegated functions by the person or body who delegated.
SLDC Constitution – PART 4 – March 2013 Page 203 130
1.4 The Council's scheme of delegation and executive functions
(a) Subject to (b) below the Council's scheme of delegation will be subject to adoption by the Council and may only be amended by the Council. It will contain the details required in Article 7 and set out in Part 3 of this Constitution.
(b) If the Leader is able to decide whether to delegate executive functions, he/ she may amend the scheme of delegation relating to executive functions at any time during the year. To do so, the Leader must give written notice to the Proper Officer and to the person, body or committee concerned. The notice must set out the extent of the amendment to the scheme of delegation, and whether it entails the withdrawal of delegation from any person, body, committee or the Cabinet as a whole. The proper officer will present a report to the next ordinary meeting of the Council setting out the changes made by the Leader.
(c) Where the Leader seeks to withdraw delegation from a committee, notice will be deemed to be served on that committee when the leader has served it on its Chairman.
1.5 Conflicts of Interest
(a) Where the Leader has a conflict of interest this should be dealt with as set out in the Council's Code of Conduct for Members in Part 5 of this Constitution.
(b) If every Member of the Cabinet has a conflict of interest this should be dealt with as set out in the Council's Code of Conduct for Members in Part 5 of this Constitution.
(c) If the exercise of an executive function has been delegated to a committee of the Cabinet, an individual member or an officer, and should a conflict of interest arise, then the function will be exercised in the first instance by the person or body by whom the delegation was made and otherwise as set out in the Council's Code of Conduct for Members in Part 5 of this Constitution.
1.6 Disclosable Pecuniary Interests
Subject to (a) and (b) below if a Member has a disclosable pecuniary interest in any matter to be considered, or being considered, at the meeting, then the Members should declare that interest to the meeting and should leave the room whilst any discussion or vote takes place.
(a) If a dispensation has been granted to a Member in relation to a disclosable pecuniary interest then, subject to the terms of the dispensation, the Member may be relieved from the above restrictions but will still be required to declare the interest to the meeting. (b) In any other case, when it becomes apparent that the business is being considered at that meeting.
SLDC Constitution – PART 4 – March 2013 Page 204 Item No.10
PART I
South Lakeland District Council COUNCIL Meeting Date: 26 th March 2013 Report Author: Andrea Wilson – Human Resource Services Manager Portfolio: Cllr Janet Willis – Central Services Report from: Director – Policy & Performance (Monitoring Officer) Wards affected: Not applicable Key Decision: Not applicable Forward Plan: Not applicable PAY POLICY STATEMENT 2013/14 1.0 PURPOSE OF REPORT 1.1 This report presents the Pay Policy Statement 2013/14 for South Lakeland District Council. This Pay Policy Statement provides transparency with regard to the Council’s approach to setting the pay of its employees, detailing in particular the pay of the Senior Management Team. 2.0 RECOMMENDATIONS It is recommended that:- Council approves the attached Pay Policy Statement 2013/14. 3.0 BACKGROUND 3.1 The Localism Act 2011 brought in new provisions with regard to requirements for the Council to determine and publish an annual pay policy statement. The first statement for SLDC was approved by Council in March 2012 and requires a review annually. 3.2 South Lakeland District Council is an employer in its own right and has the autonomy to make decisions on pay that are appropriate to local circumstances and which deliver value for money for local taxpayers. 3.3 In accordance with Section 38 of the Localism Act 2011 South Lakeland District Council is required to publish a statement on the Council’s approach to setting the pay of its employees, in particular the posts defined as ‘chief officer’ posts. 3.4 The purpose of the statement is to provide transparency with regard to the Council’s approach to setting the pay and remuneration of its employees.
Page 205 3.5 There are a number of approved Human Resource policies and procedures that deal with pay and remuneration of all employees and this Pay Policy Statement draws the information together and has been prepared in accordance with the guidance issued by the Secretary of State for Communities and Local Government. 4.0 RESEARCH AND CONSULTATION 4.1 The Senior Management Team, HR Policies and Procedures Working Group, Joint Consultative Panel and the Human Resources Committee have been consulted on the Pay Policy Statement 2013/14. 5.0 PROPOSAL 5.1 It is proposed that Council agrees the Pay Policy Statement 2013/14 which is attached to this report as Appendix 1 for approval and publishing in line with the legislation. 6.0 ALTERNATIVE OPTIONS 6.1 There are no alternative options as the detail contained in the Pay Policy Statement is currently the agreed terms and conditions of the Senior Management Team and where appropriate other Council employees. 7.0 NEXT STEPS 7.1 Following the Council’s approval it will be published on the Council’s website and intranet. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 All financial implications are currently accounted for within existing budgets. 8.2 Human Resources 8.2.1 Locally agreed procedures/legislative requirements are incorporated into Terms and Conditions of Employment for all employees. 8.3 Legal 8.3.1 Section 38 of the Localism Act 2011 came into force on 15 January 2012 and required the Council to prepare, approve and publish a Pay Policy Statement by 31 March 2012 and annually thereafter. 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? No 8.4.2 This proposal is considered to have a neutral impact on sustainability.
9.0 RISK ASSESSMENT Risk Consequence Controls required The Pay Policy Statement The Council will not Ensure the Pay Policy does not contain the adhere to legislation Statement contains the information required by information required by legislation legislation
Page 206 The Pay Policy Statement The Council will not Ensure the Pay Policy is not approved by Council adhere to legislation Statement is approved by Council by 31 March 2013 10.0 EQUALITY AND DIVERSITY 10.1 An equality and diversity impact assessment has not been carried out for this report but the policies that sit within the Pay Policy Statement have all been through the appropriate equality checks. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 The Five-Year Medium Term Financial Plan (2012-17) has been developed alongside the Council Plan, with resources allocated to service areas and capital projects that will enable the Council’s priorities and outcomes to be delivered. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 That the Pay Policy Statement 2013/14 is published as per the legislation. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Pay Policy Statement 2013/14 CONTACT OFFICERS Andrea Wilson, Human Resource Services Manager, extension 7104, [email protected] BACKGROUND DOCUMENTS AVAILABLE Guidance on Openness and accountability in local pay: Department for Communities and Local Government, February 2012 TRACKING Assistant Portfolio Solicitor to the SMT Scrutiny Director Holder Council Committee 10/1/2013 12/1/2013 10/1/2013 10/1/2013 N/A Executive JCP Council Section 151 Monitoring (Cabinet) Committee Officer Officer N/A 12/2/2013 26/3/2013 7/3/2013 7/3/2013 Human Unions HR Committee Resource Services Manager 8/1/2013 8/1/2013 5/3/2013
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Page 208
PAY POLICY STATEMENT 2013/14
1.0 INTRODUCTION AND PURPOSE
Under section 112 of the Local Government Act 1972, the Council has the “power to appoint officers on such reasonable terms and conditions as the Authority thinks fit”. This Pay Policy Statement sets out the Council’s approach to pay policy in accordance with the requirements of Section 38 of the Localism Act 2011.
The purpose of the statement is to provide transparency with regard to the Council’s approach to setting the pay of its employees by identifying:-
• the methods by which salaries of all employees are determined; • the detail and level of remuneration of its most senior staff i.e. ‘chief officers’, as defined by the relevant legislation; • the detail and level of remuneration of the senior managers ; • the Committee responsible for ensuring the provisions set out in this statement are applied consistently throughout the Council and recommending any amendments to the full Council.
2.0 LEGISLATION RELEVANT TO PAY AND REMUNERATION
In determining the pay and remuneration of all of its employees, the Council will comply with all relevant employment legislation. This includes legislation such as the Equality Act 2010, Part Time Employment (Prevention of Less Favourable Treatment) Regulations 2000 and where relevant, the Transfer of Undertakings (Protection of Earnings) Regulations.
The Council ensures there is no pay discrimination within its pay structures and that all pay differentials can be objectively justified.
3.0 SCOPE OF THE POLICY
Legislation requires Pay Policy Statements to provide information relevant to ‘chief officer’ posts as defined in the Localism Act 2011. In South Lakeland District Council the posts classified as chief officers are the Chief Executive and Directors.
This Pay Policy Statement includes Information on the Senior Management Team which consists of the Chief Executive, Directors and Assistant Directors as per the current organisational structure (see Appendix A)
4.0 ACCOUNTABILITY AND DECISION MAKING
In accordance with Part 3 of the Constitution of the Council titled Responsibility for Council Functions (Appendix B), the Human Resources Committee is responsible for decision
Author: A. Wilson PageVersion 2.3 209 March 2013 making and if appropriate, proposing to Council changes in relation to recruitment, terms and conditions and severance arrangements in relation to employees of the Council.
5.0 PAY STRUCTURE
5.1 Chief Executive and Directors The Chief Executive’s pay scale is considered and reviewed each time the post becomes vacant or at the request of the post holder. The salary paid to the Chief Executive is determined locally by the Council. A review of the Chief Executive’s salary was undertaken by bench marking the salaries of other district Councils regionally and nationally and the current pay scale was approved by the Human Resources Committee on 18 August 2010.
The Directors’ pay scales are reviewed each time there is a proposed senior management restructure or at the request of the post holder/s. The salary paid to Directors is determined locally by the Council. A formal review of the Directors salaries was last undertaken in 2005 which involved a bench marking exercise conducted by the North West Employers Organisation. An informal salary bench marking exercise was carried out in February 2012 as part of the proposed senior management restructure.
There are no recommendations for changes to the pay scales for the Chief Executive or Directors at this time.
5.2 Other Employees The Council uses the nationally negotiated pay spines as the basis for its local pay structure, which determines the salaries of its workforce excluding Chief Executive and Directors, together with the use of locally determined rates (see Appendix C).
The Council adopts the national pay bargaining arrangements in respect of the establishment and revision of the national pay spine.
In determining its grading structure and setting remuneration levels for any posts which fall outside its scope, the Council takes account of the need to ensure value for money in respect of the use of public expenditure, balanced against the need to recruit and retain employees who are able to meet the requirements of providing high quality services to the community, delivered effectively and efficiently and at times at which those services are required.
5.3 Bonus Payments The Council does not operate a bonus scheme for any employee.
5.4 Other Pay Related Allowances All other pay related allowances are the subject of either nationally or locally negotiated rates, having been determined from time to time in accordance with collective bargaining machinery.
5.5 New Appointments New appointments will normally be made at the minimum of the relevant pay scale for the grade, although this can be varied where necessary to secure the best candidate. Where the appointment salary is above the minimum point of the pay scale and is not affected by other Council policies, for example promotion, redeployment or flexible retirement, this is approved in accordance with section 10.3 of the Recruitment and Selection Policy (see Appendix D)
Author: A. Wilson PageVersion 210 2.3 March 2013 5.6 Market Supplements From time to time it may be necessary to take account of the external pay levels in the labour market in order to attract and retain employees with particular experience, skills and capacity. Where necessary, the Council will ensure the requirement for such is objectively justified by reference to clear and transparent evidence of relevant market comparators, using data sources available from within the local government sector and outside, as appropriate.
The Council no longer applies supplements to posts. This practice ceased following the 2010 organisational restructure and only one post currently retains its market supplement.
5.7 Additional Remuneration To meet operational requirements it may be necessary for an individual to temporarily take on additional duties to their identified role. The Council’s arrangements for authorising any additional remuneration e.g. honoraria, or ‘acting up’ relating to temporary additional duties are set out in the guidelines (see appendix E). These guidelines also apply to senior managers.
6.0 SENIOR MANAGEMENT RECRUITMENT
The Council’s procedures with regard to recruitment of chief officers follows the Officer Employment Procedure Rules in Part 4 of the Constitution (see Appendix F).
When recruiting to all posts the Council will take full and proper account of all provisions of relevant employment law and its own Equality and Diversity, Recruitment & Selection and Redeployment Policies as approved by the Human Resources Committee.
The determination of the remuneration to be offered to any newly appointed chief officer will be in accordance with the pay structure and relevant policies in place at the time of recruitment.
Where the Council is unable to recruit chief officers, or there is a need for interim support to provide cover for a substantive senior management post the Council will, where necessary, consider engaging individuals under a ‘contract for service’. These will be sourced through a relevant procurement process ensuring the Council is able to demonstrate the maximum value for money benefits from competition in securing the relevant service. In assessing such it should be noted that in respect of such engagements the Council is not required to make either pension or national insurance contributions for such individuals. The Council currently does not have any senior officers engaged under such arrangements.
7.0 SENIOR MANAGEMENT REMUNERATION
The senior management posts are set out below with details of their basic salary as at 1 April 2013. Progression through the relevant pay scale is automatic on 1 April each year:
Chief Executive The current salary package of the post as at 1 April 2013 is £102,888. The salary falls within a range of five incremental points between £96,600, rising to a maximum of £104,984.
The Chief Executives terms and conditions of service are determined by the Joint Negotiating Committee (JNC) for Local Authority Chief Executives.
Author: A. Wilson PageVersion 2.3 211 March 2013 Directors The salary package of posts designated as Director falls within a range of five incremental points between £65,854 rising to a maximum of £72,440.
The Directors terms and conditions of service are determined by the Joint Negotiating Committee (JNC) for Chief Officers.
Assistant Directors The salary package of posts designated as Assistant Director falls within a range of six incremental points between £52,183 rising to a maximum of £55,980.
The Assistant Directors terms and conditions of service are determined by the National Joint Council (NJC) for Local Government Services as per all employees under Chief Officer level. The salary level forms part of the Council’s local pay structure as shown at Appendix C.
8.0 STATUTORY OFFICER REMUNERATION
In addition to basic salary, the following posts receive additional pay as set out below:
Returning Officer The designation of Returning Officer is made by full Council and currently sits with the Director Policy and Resources (Monitoring Officer).
In accordance with the national agreement the Returning Officer is entitled to receive and retain the personal fees arising from performing the duties of Returning Officer, Acting Returning Officer, Deputy Returning Officer or Deputy Acting Returning Officer and similar position which he or she performs subject to the payment of pension contributions thereon, where appropriate.
In respect of District and Parish Council elections an allowance of £3,327.84 per annum is paid.
Fees for election duties for other elections (County Council, National and European Elections, etc.) are paid as an additional sum at the rate prescribed by government as and when they arise, they are distinct from the process for the determination of pay for Chief Officers.
Monitoring Officer The role of Monitoring Officer is designated to the Director Policy and Resources (Monitoring Officer).
Allowance Paid: This forms part of the Director’s duties and does not attract any additional payment.
Section 151 Officer The role of Section 151 Officer is designated to the Assistant Director Resources.
Allowance Paid: The allowance paid was determined at a fixed rate of £10,428. This was based on the difference between the maximum of Grade Q (£55,980) and Grade 1 of the Directors scale (£65,854) as at March 2009.
Author: A. Wilson PageVersion 212 2.3 March 2013 9.0 PENSION CONTRIBUTIONS
Where employees have exercised their statutory right to become members of the Local Government Pension Scheme, the Council is required to make a contribution to the scheme representing a percentage of the pensionable remuneration due under the contract of employment of that employee. The rate of contribution is set by Actuaries advising the Cumbria Pension Fund and reviewed on a triennial basis in order to ensure the scheme is appropriately funded. The rate to be used in the financial year 2013/14 is 23.9%. The employee contribution rates effective from 1 April 2013 is based on salary as detailed in the table below.
Salary Employee (Full Time) Contribution Rate Up to 13,700 5.5%
13,701 – 16,100 5.8% 16,101 – 20,800 5.9% 20,801 – 34,700 6.5% 34,701 – 46,500 6.8% 46,501 – 87,100 7.2% Over 87,100 7.5%
10.0 PAYMENTS ON TERMINATION
The Councils approach to statutory and discretionary payments on termination of employment of chief officers, prior to reaching normal retirement age, is set out within the Early Retirement/Voluntary Redundancy Policy (see Appendix G) in accordance with Regulations 5 and 6 of the Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations 2006.
This policy is applied equally to all employees regardless of seniority.
Should there be a need to consider a termination which does not fall within the above policy this would be subject to a formal decision made by the Human Resources Committee.
11.0 LOWEST PAID EMPLOYEES
The lowest paid persons employed under a contract of employment with the Council, are employed on full time (37 hours) equivalent salaries in accordance with the minimum spinal column point currently in use within the Council’s grading structure (Appendix C).
As at 1 st April 2013, this is £12,312 per annum. The exception is apprentices where national apprenticeship rates of pay apply.
12.0 RE-EMPLOYMENT/RE-ENGAGEMENT OF FORMER CHIEF OFFICERS
The authority does not re-employ or engage former chief officers under a contract for service.
Author: A. Wilson PageVersion 2.3 213 March 2013
13.0 PUBLICATION OF THE PAY POLICY STATEMENT
Upon approval by full Council, this statement will be published on the Councils Website and intranet.
For posts where the full time equivalent salary is at least £50,000, the Council’s Annual Statement of Accounts will include a note setting out the total amount of:- • salary, fees or allowances paid to or receivable by the person in the current and previous year; • any sums payable by way of expenses allowance that are chargeable to UK income tax; • any compensation for loss of employment and any other payments connected with termination; • any benefits received that do not fall within the above.
14.0 REVIEW
Once approved by Council, this policy statement will come into immediate effect and will be subject to review on a minimum of an annual basis, the policy for the next financial year being approved by 31 March each year.
Amendments may need to be made throughout the relevant period and proposed amendments will be reported to the Human Resources Committee for recommendation to full Council.
APPENDICES
Appendix A Organisational Structure Appendix B SLDC Constitution Part 3, Responsibility for Council Functions Appendix C SLDC Pay and Grading Structure Appendix D Section 10.3 - Recruitment & Selection Policy Appendix E Acting Up & Honoraria Guidelines Appendix F Chief Officer Recruitment Part 4 SLDC Constitution Appendix G Early Retirement/Voluntary Redundancy Policy
Author: A. Wilson PageVersion 214 2.3 March 2013 Corporate and Senior Management Team Structure - 1 April 2013 Appendix A
CHIEF EXECUTIVE
Director – POLICY AND RESOURCES Director – PEOPLE AND PLACES (MONITORING OFFICER)
Page 215 ASSISTANT DIRECTOR ASSISTANT DIRECTOR ASSISTANT DIRECTOR ASSISTANT DIRECTOR RESOURCES (SECTION 151) POLICY AND PERFORMANCE STRATEGIC PLANNING NEIGHBOURHOOD SERVICES
Revenues and Benefits Policy and Partnerships Development Management Street-scene, Waste & Recycling Legal Services Human Resource Services Economic Development Public Protection & Public Health Financial Services Democratic & Electoral Services Development Strategy Licensing Internal Audit IT Services Housing Community & Leisure Liaison External Auditors Communications & Customer Assets Car Parks Relations Lake Public Halls
Resources to support community Ensuring local/national policy To enable the Community and To enable the provision of need, corporate priorities, service matches local customer need and Council to gain maximum services to support community delivery and commissioning expectation by service design, benefit from long term strategic need and corporate priorities activities. Ensuring Value for engagement and workforce investment needs & and objectives. money. planning. opportunities. This page is intentionally left blank
Page 216 Appendix B
SLDC Constitution, Part 3 Extract, Responsibility for Council Functions
Committee Membership Functions Delegation of Functions 3 Human Resources Nine members of the To deal with the discharge of Onward delegation to a 5 Committee Council duties under Paragraph 4.4 member sub-committee of the Officer Employment drawn from the Human Procedure rules Resources Committee (to include at least one Cabinet Member)- Power to appoint staff, and Onward delegation to to determine their terms and officers. conditions of service, including procedures for dismissal (other than matters covered by the Employment Procedure Rules in Part 4 of this Constitution).
To make recommendations Onward delegation to the to the Council with regard to Chief Executive. the overall manpower requirements of the Council.
To approve minor amendments to the staffing establishment of the Council provided that such changes do not have any significant financial impact and can be met from within existing budgets.
To formulate and implement Onward delegation to the uniform and equitable Chief Executive, Director policies concerning all Policy and Resources employees of the Council (Monitoring Officer) and having regard, in particular, the Assistant Director to:- the recruitment, training, (Resources) promotion, grading, determination of wage and salary scales and conditions of service of employees and matters of a like nature; and the implementation of agreements, etc., concerning salaries, wages or conditions of service awarded or recommended by any of the appropriate wage negotiating bodies and the taking of any necessary consequential action in respect of employees not directly affected by an award or recommendation, subject to such delegation not exceeding a cost of £250,000 and/or affecting more than 25 members of staff.
SLDC Constitution – PART 3 – December 2011
Page 217 Committee Membership Functions Delegation of Functions These restrictions do not apply in the case of approval of Human Resources Documents. To implement all statutory Onward delegation to superannuation, pension the Chief Executive and and compensation the Directors. provisions.
To consider appeals Onward delegation. A against grading, dismissal panel of 3 members and grievance by drawn from the employees. committee
SLDC Constitution – PART 3 – December 2011
Page 218 Pay and Grading Structure April 09 Appendix C Salary SCP Hourly Rate SCP 55980 66 29.01592 Q 66 55221 65 28.62251 841 65 54461 64 28.22858 64 53702 63 27.83517 63 52942 62 27.44124 P 62 52183 61 27.04783 815 61 51423 60 26.65391 840 60 50664 59 26.26050 59 49,903 58 25.86605 O 58 48,914 57 25.35342 750 57 47,929 56 24.84287 814 56 46,975 55 24.34839 55 46,091 54 23.89019 N 54 45,192 53 23.42421 710 53 44,299 52 22.96135 749 52 43,402 51 22.49641 51 42,512 50 22.03510 M 50 41,616 49 21.57068 679 49 40,741 48 21.11714 709 48 39,855 47 20.65790 47 38,961 46 20.19452 L 46 38,042 45 19.71818 637 45 37,206 44 19.28486 678 44 36,313 43 18.82199 43 35,430 42 18.36431 K 42 34,549 41 17.90766 595 41 33,661 40 17.44739 636 40 32,800 39 17.00111 J 39 31,754 38 16.45894 544 38 30,851 37 15.99089 594 37 30,011 36 15.55550 36 29,236 35 15.15379 I 35 28,636 34 14.84280 511 34 27,849 33 14.43488 543 33 27,052 32 14.02177 H 32 26,276 31 13.61955 478 31 25,472 30 13.20281 510 30 24,646 29 12.77468 29 23,708 28 12.28849 G 28 22,958 27 11.89974 443 27 22,221 26 11.51773 477 26 21,519 25 11.15387 25 20,858 24 10.81126 F 24 20,198 23 10.46916 401 23 19,621 22 10.17009 442 22 19,126 21 9.91351 21 18,453 20 9.56468 E 20 17,802 19 9.22725 358 19 17,161 18 8.89500 400 18 16,830 17 8.72344 17 16,440 16 8.52129 D 16 16,054 15 8.32121 316 15 15,725 14 8.15068 357 14 15,444 13 8.00504 13 15,039 12 7.79511 C 12 14,733 11 7.63650 283 11 13,874 10 7.19126 315 10 13,589 9 7.04354 9 13,189 8 6.83621 B 8 12,787 7 6.62784 164 7 12,489 6 6.47338 A 282 6 12,312 5 6.38164 242 5 12,145 4 6.29508 164 4 From 1.4.09 From 1.4.11 3 Not Not In Use 2 In Use 1 Version 2.00 PagePay Line 219 Revision April 2009 This page is intentionally left blank
Page 220 Appendix D
RECRUITMENT AND SELECTION
10.3 The Appointment Process A flowchart outlining the ‘Appointment Process’ can be found in Appendix C.
10.3.1 Pre-employment Checks For each preferred applicant a number of pre employment checks will need to be made. The HR Group is responsible for administering all aspects of the checking procedures.
Medical Assessment This will be carried out through the Occupational Health service commissioned by the Council. A job description and person specification will be provided along with a completed confidential medical form to ensure that an assessment is made only against that particular vacancy.
Eligibility to Work in the UK The Asylum and Immigration Act 1996 makes it a criminal offence for an employer to employ those who do not have permission to live or to work in the United Kingdom.
All new recruits must provide evidence of their eligibility to work in the UK and the HR Group will coordinate this pre-employment check prior to a formal offer of employment being made.
Criminal Records Bureau (CRB) Certain posts within the Council have restrictions and can only be filled subject to receipt of a satisfactory Disclosure check that has been made through the Criminal Records Bureau (CRB).
Criminal Convictions Applicants are asked on the application form whether they have any convictions for criminal offences. Information on the provisions of the Rehabilitation of Offenders Act and the requirements for completion of this section will be enclosed in the vacancy information pack. If an applicant is found not to have completed this question accurately appropriate action would be taken. Further advice on this matter should be sought from the HR Group.
References Reference(s) will be sought for preferred candidates. For new employees to the Council at least two references will be sought, one of which must be from the current or most recent employer. For preferred candidates that are already employed by the Council only one reference will be required. The Chair of the interview panel will be offered access to these references upon receipt by the HR Group.
Qualifications Copies of all relevant qualifications will be made and kept on an individual’s personal file.
Date: June 2008 Page 221
10.3.2 The Formal Offer Only once all the appropriate checks have been completed and are deemed satisfactory will a formal offer of employment be made. The HR Group will send the employee the Formal Offer pack once they have been provided with a start date from the recruiting manager.
The starting salary for all new appointments will be at the lowest salary scale point for the appropriate salary grade. If the manager wishes to appoint at a higher level they must submit a detailed report highlighting the supporting reasons to the Management Team for approval.
Date: June 2008 Page 222 Appendix E
Acting Up (Guidelines)
Payable when an employee undertakes the duties and responsibilities of a post, which carries a higher grading than that of their substantive post. Where 100% of the duties and responsibilities are undertaken the rate of pay for that job will be payable from the day on which the duties and responsibilities were taken on.
• Acting Up will only be considered in exceptional cases and will require Heads of Service/ Management Team approval as appropriate. An employee should not act up in the post for more than 12 months. If a longer period is required a ‘secondment’ arrangement should be put in place, although this must be considered and agreed by the Heads of Service/ Management Team as appropriate. Acting Up cannot be used to cover annual leave or any period of less than one month.
• Payment will be based on the minimum SCP of the Acting Up grade. If the employee’s SCP* already falls within the Acting Up Grade they will be placed on the next highest SCP within that grade.
• Where only a proportion of duties of the post are being undertaken, a pro rata payment will be made which reflects the percentages of the duties and responsibilities being undertaken, based on the minimum SCP of the Acting Up grade. If the employee’s SCP* already falls within the Acting up Grade they will be based on the next highest SCP within that grade.
* Does not include any payment protection, which the employee may be under. Payments will be based on the grade that the employee is acting up into. When an employee is in receipt of payment protection no additional Acting Up payment will be made, unless the minimum SCP of the Acting Up exceeds the employee’s current rate of payment protection.
Amended 5 Aug 2008
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Page 224 Appendix F
198
OFFICER EMPLOYMENT PROCEDURE RULES
1. Recruitment and appointment
(a) Declarations
i. The Council will include a statement in applications for employment requiring any candidate for appointment as an officer to state in writing whether they are the parent, grandparent, partner, child, stepchild, adopted child, grandchild, brother, sister, uncle, aunt, nephew or niece of an existing councillor or officer of the Council; or of the partner of such persons.
ii. No candidate so related to a councillor or an officer will be appointed without the authority of the relevant Director or an officer nominated by him/ her.
(b) Seeking support for appointment .
i. Subject to paragraph (iii), the Council will disqualify any applicant who directly or indirectly seeks the support of any councillor for any appointment with the Council. The content of this paragraph will be included in any recruitment information.
ii. Subject to paragraph (iii), no councillor will seek support for any person for any appointment with the Council.
iii. Nothing in paragraphs (I) or (ii) above will preclude a Councillor or officer from giving a written reference for a candidate.
2. Recruitment of head of paid service and chief officers
Where the Council proposes to appoint a chief officer within the meaning of the Local Authorities (Standing Orders) Regulations 1993 and it is not proposed that the appointment be made exclusively from among their existing officers, the Council will:
(a) draw up a statement specifying:
i. the duties of the officer concerned (job description); and
ii. any qualifications or qualities to be sought in the person to be appointed (person specification);
(b) make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it; and
(c) make arrangements for a copy of the statement mentioned in paragraph (a) to be sent to any person on request.
3.
(a) Where a post has been advertised as provided in standing order 2(b), the authority shall –
i. interview all qualified applicants for the post, or
ii select a short list of such qualified applicants and interview those included on the short list.
SLDC Constitution – PART 4 – September 2012 Page 225 199
(b) Where no qualified person has applied, the authority shall make further arrangements for advertisement in accordance with standing order 1(b). 4.
4.1 In this Part –
“the 1989 Act ”means the Local Government and Housing Act 1989;
“the 2000 Act” means the Local Government Act 2000;
“disciplinary action” has the same meaning as in the Local Authorities (Standing Orders) (England) Regulations 2001;
“executive” and “executive leader” have the same meaning as in Part II of the 2000 Act;
“member of staff” means a person appointed to or holding a paid office or employment under the authority; and
“proper officer” means an officer appointed by the authority for the purposes of the provisions in this Part.
4.2 Subject to paragraph 4. 3 and 4.7 the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the authority must be discharged, on behalf of the authority, by the officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service) as the head of the authority’s paid service or by an officer nominated by him/her.
4.3 Paragraph 4.2 shall not apply to the appointment or dismissal of, or disciplinary action against –
(a) the officer designated as the head of the authority’s paid service;
(b) a statutory chief officer within the meaning of section 2(6) of the 1989 Act (politically restricted posts);
(c) a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;
(d) a deputy chief officer within the meaning of section 2(8) of the 1989 Act; or
(e) a person appointed in pursuance of section 9 of the 1989 Act (assistants for political groups).
4.4
(1) Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the appointment or dismissal of an officer designated as the head of the authority’s paid service, the authority must approve that appointment before an offer of appointment is made to him/her or, as the case may be, must approve that dismissal before notice of dismissal is given to him/her.
(2) Where a committee or a sub-committee of the authority is discharging, on behalf of the authority, the function of the appointment or dismissal of any officer referred to in sub-paragraph (a), (b), (c) or (d) of paragraph 4.3, at least one member of the executive must be a member of that committee or sub-committee. The Human Resources Committee has power to establish the committee or sub-committee with delegated authority to discharge the functions in paragraph (2).
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4.5
(1) In this paragraph, “appointor” means, in relation to the appointment of a person as an officer of the authority, the authority or, where a committee, sub-committee or officer is discharging the function of appointment on behalf of the authority, that committee, sub-committee or officer, as the case may be.
(2) An offer of an appointment as an officer referred to in sub-paragraph(a), (b), (c) or (d) of paragraph 4.3 must not be made by the appointor until –
(a) the appointor has notified the proper officer of the name of the person to whom the appointor wishes to make the offer and any other particulars which the appointor considers are relevant to the appointment;
(b) the proper officer has notified every member of the executive of the authority of –
(i) the name of the person to whom the appointor wishes to make the offer;
(ii) any other particulars relevant to the appointment which the appointor has notified to the proper officer; and
(iii) the period within which any objection to the making of the offer is to be made by the executive leader on behalf of the executive to the proper officer; and
(c) either –
(i) the executive leader has, within the period specified in the notice under sub- paragraph (b)(iii), notified the appointor that neither he/she nor any other member of the executive has any objection to the making of the offer;
(ii) the proper officer has notified the appointor that no objection was received by him/her within that period from the executive leader; or
(iii) the appointor is satisfied that any objection received from the executive leader within that period is not material or is not well-founded.
4.6
(1) In this paragraph, “dismissor” means, in relation to the dismissal of an officer of the authority, the authority or, where a committee, sub-committee or another officer is discharging the function of dismissal on behalf of the authority, that committee, sub- committee or other officer, as the case may be.
(2) Notice of the dismissal of an officer referred to in sub-paragraph (a),(b),(c) or (d) of paragraph 4.3 must not be given by the dismissor until –
(a) the dismissor has notified the proper officer of the name of the person who the dismissor wishes to dismiss and any other particulars which the dismissor considers are relevant to the dismissal;
(b) the proper officer has notified every member of the executive of the authority of –
(i) the name of the person who the dismissor wishes to dismiss;
(ii) any other particulars relevant to the dismissal which the dismissor has notified to the proper officer; and
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(iii) the period within which any objection to the dismissal is to be made by the executive leader on behalf of the executive to the proper officer; and
(c) either –
(i) the executive leader has, within the period specified in the notice under sub- paragraph (b)(iii), notified the dismissor that neither he/she nor any other member of the executive has any objection to the dismissal;
(ii) the proper officer has notified the dismissor that no objection was received by him/her within that period from the executive leader; or
(iii) the dismissor is satisfied that any objection received from the executive leader within that period is not material or is not well-founded.
4.7 Nothing in paragraph 4. 2 shall prevent a person from serving as a member of any committee or sub-committee established by the authority to consider an appeal by –
(a) another person against any decision relating to the appointment of that other person as a member of staff of the authority; or
(b) a member of staff of the authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.
5
(1) In paragraph 5(2) “chief finance officer”, “council manager”, “disciplinary action”, head of the authority’s service” and “monitoring officer”, have the same meaning as in regulation 2 of the Local Authorities (Standing Orders) (England) Regulations 2001 and “designated independent person” has the same meaning as in regulation 7 of those Regulations.
(2) No disciplinary action in respect of the head of the authority’s paid service (unless he/she is also a council manager of the authority), its monitoring officer or its chief finance officer, except action described in paragraph 5(3), may be taken by the authority, or by a committee, a sub-committee, a joint committee on which the authority is represented or any other person acting on behalf of the authority, other than in accordance with a recommendation in a report made by a designated independent person under regulation 7 of the Local Authorities (Standing Orders) (England) Regulations 2001 (investigation of alleged misconduct).
(3) The action mentioned in paragraph 5(2) is suspension of the officer for the purpose of investigating the alleged misconduct occasioning the action; and any such suspension must be on full pay and terminate no later than the expiry of two months beginning on the day on which the suspension takes effect.
6 Matters of discipline and capability in respect of officers below Chief Officer shall be dealt with by the Chief Executive or Directors as appropriate under the National Joint Council for Local Government Services.
7 Councillors will not be involved in discipline (including dismissal), capability or redundancy matters, except to the extent specified in any nationally or locally agreed or adopted procedures. In the case of employees below chief officer level, this will usually mean that involvement is limited to acting as a witness in investigations or participating as a member of an appeals panel.
SLDC Constitution – PART 4 – September 2012 Page 228 Appendix G
EARLY RETIREMENT/VOLUNTARY REDUNDANCY POLICY 1.0 INTRODUCTION South Lakeland District Council recognises the importance of creating a secure working environment for employees and will take steps to ensure continuity of employment through the planning of staffing levels for effective, economic and efficient provision of service. It is the Council’s policy to manage its business in such a way that compulsory redundancies are unlikely to be required. However, in the event that the authority’s circumstances change and the result is that fewer employees are needed to perform the work of the Council then some redundancies may become necessary. In this case, the Council will take appropriate steps to keep the number of compulsory redundancies to a minimum, whilst taking into account the needs of the business. 2.0 SCOPE OF THE POLICY This Policy applies to all employees of South Lakeland District Council. To qualify for a redundancy payment an employee must have at least two year’s continuous local government service or other relevant service as set out in The Redundancy Payments - Continuity of Employment in Local Government, Modification Order 1999 (as amended) up to a maximum of twenty years. Modification Order The effect of the Modification Order is to make Local Authorities associated employers for the purpose of the statutory redundancy provisions of the Employment Rights Act. All continuous service with local authorities and other bodies covered by the Modification Order counts towards the entitlement to, and calculation of, a statutory redundancy payment, apart from any period in respect of which a redundancy payment has already been paid. 3.0 POLICY STATEMENT The Council is committed to providing a stable environment and to ensure, as far as possible, security of employment for its employees. However organisational changes, levels of funding, the need for change because of technological, legal or organisational developments may lead to a requirement for a reduction in the number of posts or the activities in certain posts. The Council recognises that as a “good employer” it is committed to making necessary adjustments to staffing arrangements in the least detrimental way. This Policy acknowledges the need for financial prudence in the use of early retirement/voluntary redundancy (ER/VR) payments as management tools, and the need for the Council to be able to respond effectively to the employee implications of change. The Council will as far as is practicable try to avoid compulsory redundancy. Natural wastage, redeployment, early retirement and voluntary redundancy are the preferred means of adjusting the Council’s workforce levels. Where appropriate the Council will use the discretions available in the Local Government Pension Scheme (LGPS) and under the Local Government Discretionary Payments Regulations. In doing so, it will endeavour to ensure that: • It exercises its discretion reasonably.
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• Any early retirement/redundancy payments are affordable and the savings are achievable within three years. 4.0 CRITERIA FOR EARLY RETIREMENT/VOLUNTARY REDUNDANCY Where the need to reduce employee numbers has been identified, the Council may seek volunteers for early retirement and/or voluntary redundancy. The practicality of volunteers being supported in their application would be dependent on the needs of their particular service. Where voluntary redundancy is considered, ‘redundancy’ must satisfy the following statutory definition: i.e. • The fact that the employer has ceased, or intends to cease, (i) to carry on the business for the purposes of which the employee was employed by them, or (ii) to carry on that business in the place where the employee was so employed or • The fact that the requirements of the business (i) for employees to carry out work of a particular kind, or (ii) for employees to carry out work of a particular kind in the place where the employee was so, have ceased or diminished or are expected to cease or diminish. The cost of accepting the redundancy application will need to be offset against any savings made. Examples of such situations are: • The employee can be released and the resulting vacancy is offered or contributed to savings. • The resultant vacancy is used in the restructuring process and equivalent or greater savings can be achieved. • The resultant vacancy would create internal job opportunities or redeployment opportunities, or unblock promotion channels, which the Council could fill through succession planning or internal appointment. • Such other where the Council could operate in a more economic manner as a result of the early release. • Where it is considered the corporate priorities would be better delivered elsewhere. • Health and compassion – where an employee’s personal circumstances suggest that early release may be appropriate. 5.0 CRITERIA FOR THE 85 YEAR RULE In order to take advantage of the “85 Year Rule” (more detailed information is in Appendix D). you must have been a member of the LGPS as at 30 September 2006. It should be noted that this facility does not replace the early retirement and voluntary redundancy scheme but is merely an additional provision. 6.0 CALCULATION OF PAY 6.1 Retirement Benefits (for employees in the LGPS scheme) Employees’ retirement benefits will be based on the final years salary. Or may be calculated on one of the two previous years’ salary which ever is the higher. Should an employee’s salary be reduced or increases have been restricted, in the last 10 years of continuous employment, they will have the option to have the benefits based on the average of any three consecutive years’ salary in the last thirteen years ending on a 31 March, providing the employee opts to do so in writing to the pension fund no later than one month before leaving employment.
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Employees’ retirement benefits will be based on full time equivalent, completed years of service. When a member chooses to retire early prior to normal retirement age, taking the pension early involves an actuarial reduction. Part time employees salaries will be calculated notionally to what you would have received had they been full time. Any queries may be addressed to “Your Pension Service” at the following email address. [email protected] 6.2 Voluntary redundancy In cases where employees are made voluntary redundant, the Council will award redundancy entitlement to any employee, with two or more years’ continuous/recognised service. The calculation for a redundancy payment will be based on an employee’s actual contractual week’s pay. The scheme in general will not be restricted by age limits but in practice the Council recognises that, in accordance with the Pension regulations NO immediate Pension benefits are payable to employees under 55 years of age at the date they leave the Councils employment. The method of calculating an individual’s entitlement for redundancy is detailed as per the Enhanced Redundancy Pay Ready Reckoner and will be calculated by a multiplier of 2.0 (Appendix B). 6.3 Calculating a week’s pay Definition of a week , the employee’s current annual salary including any contractual pay elements at the time of leaving divided by 365 x 7. Normal working hours , casual overtime is not included in normal working hours. 7.0 FINANCIAL EFFICIENCY In the interests of the efficient exercise of the Councils functions, it is for the Council to certify in each case that this is the reason the employee has ceased employment. The Council is not obliged to approve applications for ER/VR. All applications will be considered in the light of the needs of the service and in the Council’s financial interests. Before any application for early retirement or voluntary redundancy is approved, the estimated cost of the termination must be shown to be recoverable within three years of the employee’s termination date. For each recommended early retirement or voluntary redundancy, the Council’s Human Resources Committee (HR) will consider a report from the Assistant Director/Director of the service. The report will provide a statement detailing the following: • The costs of allowing the release and the overall reduction in salary costs for the service. • Whether the full estimated costs of any early retirement could be recovered within three years. • Under the 85 Rule by the date of the employee’s normal retirement. • How the proposed early retirement/voluntary redundancy, fits in with the Corporate/service plans and how this will impact on the delivery of the services.
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The Section 151 Officer will monitor the financial implications of all early retirements (including ill health and retirements under the 85 Year Rule and all terminations made by voluntary redundancy. 8.0 APPLICATION PROCESS Stage One An employee can make an application for either early retirement or voluntary redundancy twice in a 12-month period (based on the date of any applicable decision by the HR Committee unless there is a specific request for expressions of interest from the Council itself. See the flow chart in Appendix C. Managers must not enter into any commitment on behalf of the Council in any informal discussions with employees regarding the possibility of early retirement/voluntary redundancy. Stage Two The costed application for ER/VR is submitted to the SMT who will consider the financial and service implications of releasing the employee. If the costs of the proposed early retirement or voluntary redundancy cannot be met from the appropriate budgets, or from the reduced salary, the Director/Assistant Director of the service may, with the support from the Council’s Section 151 Officer and the HR Services Manager, consider that early retirement or voluntary redundancy is in the best interests of the efficiency of the Council. Stage Three If the application is supported by SMT The Director/Assistant Director will submit a report to the HR Committee outlining the detail of the supported application, the HR Committee will then make a final decision on the application for early retirement or voluntary redundancy. If the application is not supported by SMT Should SMT decide not to support the application the Director/Assistant Director will write to the employee informing them that their application is unsupported and that a report will not be submitted to the HR Committee. Stage Four Appeal If the employee wishes to appeal the SMT decision they or their Union representative will be given the opportunity to provide the HR Committee with a written submission to support their application for early retirement/voluntary redundancy. This submission must be provided to the Human Resource Services Manager ten working days before the Committee meeting. Additionally the employee or their representative can also request to present this submission in person at the meeting. The Director/Assistant Director must submit and present a report to the HR Committee. 8.1 Successful application Where the Council approves an application under Early Retirement, Regulation 31(rule of 85), or Voluntary Redundancy, the applicant’s employment will be terminated by mutual agreement and no notice period will be issued or served.
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8.2 Unsuccessful application There is no right of appeal against any decision taken by the HR Committee following their consideration of an employee’s application for early retirement/voluntary redundancy. 9.0 TAXABLE STATUS OF PAYMENTS Redundancies payments they do not exceed £30,000 will be exempt from income tax. 10.0 RE-ENGAGEMENT OF FORMER EMPLOYEES If for any reason a re-engagement is contemplated, including temporary/casual work, the Human Resource Services Manager must give prior authorisation. Should a re-engagement situation occur then no previous service would be recognised. 11.0 RELATED POLICIES The following policies may be of interest to employees who are considering ER/VR or who are faced with compulsory redundancy or ill health retirement: • Flexible Retirement • Sickness Absence Management 12.0 REVIEW OF THE POLICY This policy will be reviewed by December 2014 or earlier in the light of operating experience and/or further changes in legislation or financial restraints facing the Council. Any review will give particular regard to: • The need to reduce employee numbers • The financial constraints facing the Council • The financial effect of early retirement/voluntary redundancy on the Council’s Revenue Accounts • Indications from the Pension Fund of the Council’s future level of Pension Fund contributions 13.0 APPENDICES TO THIS DOCUMENT Appendix A - Statutory Redundancy Pay Ready Reckoner Appendix B - Enhanced Redundancy Pay Ready Reckoner (times 2.0) Appendix C - Flowchart of the application process Appendix D - Regulation 31 the “85 Year Rule”
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Page 234 Item No.11
PART I
South Lakeland District Council COUNCIL Meeting Date: 26 March 2013 Report Author: Emma Ludlam, Scrutiny Officer Portfolio: N/A Report from: Director of Policy and Resources (Monitoring Officer) Wards affected: N/A Notice of Key N/A Decision: Annual Review of the Call-in and Urgency Provisions 1.0 PURPOSE OF REPORT 1.1 This report is presented to outline the operation of the call-in and urgency provisions over the course of the last twelve months. 2.0 RECOMMENDATIONS It is recommended that Council note the report. 3.0 BACKGROUND 3.1 The call-in process should be used only in exceptional circumstances in order to challenge a decision made by Cabinet or by an officer with delegated authority. In accordance with paragraph 16 (j) (ii) of the Overview and Scrutiny Procedure Rules (p. 138 of the Constitution) ‘the operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.’ 3.2 During the last twelve months, one executive decision has been called in. This was the call-in of the decision relating to the structure and scale of car parking fees and charges (CEX/125). The Communities Overview and Scrutiny Committee met on 18 February 2013 to examine the decision, and subsequently resolved to accept the original decision (COS/47). 3.3 The urgency procedure is set out for Members’ consideration at paragraph 16 (j) of the Overview and Scrutiny Procedure Rules: ‘The call-in procedure shall not apply where the decision being taken by the Cabinet is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would, for example, seriously prejudice the Council’s or the public’s interests. The record of the decision, and notice by which it is made public shall state whether, in the opinion of the decision making person or body, the decision is an urgent one, and
Page 235 therefore not subject to call-in. The chairman of the Council must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency.’ This procedure has been used once in the last twelve months in relation to the Local Plan Viability Study (DEX/26), details of which were reported to Council on 28 February 2013. 4.0 RESEARCH AND CONSULTATION Not applicable. 5.0 PROPOSAL It is proposed that full Council receive the report. There are no additional recommendations at this time. 6.0 ALTERNATIVE OPTIONS Not applicable. 7.0 NEXT STEPS The call-in and urgency provisions will continue to be reviewed on a regular basis, with a report to full Council annually. 8.0 IMPLICATIONS 8.1 Financial and Resources There are no financial or resource implications associated with this report. 8.2 Human Resources There are no human resources implications associated with this report. 8.3 Legal There are no legal implications associated with this report. 8.4 Social, Economic and Environmental Impact Has a sustainability impact assessment been carried out? No. Not relevant to the subject matter of the report. 9.0 RISK ASSESSMENT Risk Consequence Controls required That the report is not The call-in and urgency Report noted and received. provisions go unchecked. ongoing review continues. 10.0 EQUALITY AND DIVERSITY No equality impact assessment has been carried out as this report is only to note and there are no issues to raise. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS An efficient and regularly reviewed Scrutiny function is conducive with the aims of the Council Plan.
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12.0 CONCLUSION AND EXPECTED OUTCOMES The report is presented to inform Members of the provisions used within the last twelve months.
CONTACT OFFICERS Emma Ludlam, Scrutiny Officer, ext 7437 BACKGROUND DOCUMENTS AVAILABLE Car Parking Fees and Charges Report and Appendices, Cabinet 30 January 2013 Local Plan Viability Study Delegated Executive Decision, 28 January 2013 TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 08.03.13 N/A 08.03.13 08.03.13 N/A Exe cutive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N/A N/A 26.03.13 08.03.13 08.03.13 Human Resource Services Manager N/A
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Page 238 Item No.13a
SOUTH LAKELAND DISTRICT COUNCIL Council
Date of Meeting: 26 March 2013 Part I Report From: Councillor Peter Thornton Leader of the Council Report Title: Executive Report – Promoting South Lakeland Portfolio
Current Issues The following matters have arisen with the Portfolio: I am currently taking some leave exploring the canal system in the south of England. I will be pondering the many issues we are going to be facing in delivering the Council Plan, particularly with the tight budgetary environment set out by the Government. I am confident that Clare Feeney-Johnson, the Deputy Leader, is looking after things in my absence.
As I explore this piece of historic infrastructure I’m thinking of the people who built it and how they must have felt and thought that this was the last word in transport infrastructure. No sooner finished, the railways had arrived but this was closely followed by developments in in road and air transport. Leading our Council sometimes feels similar, there is always something else around the corner.
Looking Forward (Diari sed events at the time of agenda deadline that will be attended by Deputy Leader due to leave) 18/03/13 SPARSE meeting 20/03/13 Cabinet LGA meeting 22/03/13 Joint Districts Cumbria Leaders Board 25/03/13 Chairs/ Vice Chairs meeting 26/03/13 Health and Wellbeing Board
For Members information, Asset Management has been transferred from the Policy, Performance and Resources Portfolio to that of Communities and Wellbeing Portfolio in the short term. In the coming weeks, work will include:- It is hoped that we see an early conclusion to the LDF process. All stakeholders are aware that this needs to be resolved sooner than later. We are doing what we can to achieve this. We are all aware of the challenges made clear by the MTFP and the next few months are to be dominated by delivering better services with less money.
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Page 240 Item No.13b SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 26th March 2013 Part I Report From: Councillor Clare Feeney-Johnson Environment and Sustainability Portfolio Holder
Report Title: Executive Report
The following matters have arisen within my Portfolio:- It is less than a month since my last report to Council so I will endeavour to try and not duplicate issues mentioned in that or work on going. As many of you will know I have been acting Leader for the month of March whilst Peter is away on holiday. This has meant quite a diverse range of challenges for me, away from my normal comfort zone of environmental issues. I look forward to Peter’s return and handing back the reins! An area of my responsibility that doesn’t often rise to the top of my reports is that of Young People. The Lakeland Youth Council (LYC) meets regularly in South Lakeland District Council, they are of course funded by Local Committee and Cumbria County Council but SLDC has a role to help and facilitate. This entails some officer help and expertise. The LYC is organising an event at Kendal College on the 22 nd of March and if requested. I will be happy to summarise that for you at Full Council. The event is to show case the opportunity a LYC has for the young people of our area and all secondary schools in South Lakeland have been invited along to send representatives who will help shape the LYC for the future. The event will include election planning, prioritisation of needs and learning why the democratic process matters to young people. I must say the young people leading on this are very articulate, professional in their approach and committed to the end goal of a sustainable Lakeland Youth Council. In my last report, I attached a copy of the surveys being sent out to the 7000 properties involved in the plastic and cardboard trial. Responses have been coming in thick and fast – over 1300, which is allowing us to have a pretty good view on what the final results may indicate. At this moment from the draft conclusions – 91.2% of returned forms were satisfied or very satisfied with the trial; 94.61% would like to see the trial continue; 53.53% recycle more plastic and cardboard now that they are able to do it via kerbside collections and 79.62% like the clear plastic bag for collections. Obviously the final summary will be able to tell us much more of the detail we will need to know but so far the results look very promising. When I have the final report I will ensure you all are able to read it should you wish. I have attached a paper from ‘Keep Britain Tidy’ for your information. I have sent copies to the schools in my area and would recommend you do so too. They compare litter dropping type activities to drink-driving and advise peer pressure as a better route to reduction than penalties. Penalties are only really effective if people think there is an official of some kind about, peer pressure works if anyone at all is about! I’d be very happy to talk with you as to how you may be able to get this into your community through local schools or youth groups. I believe this to be an exciting new way of tackling the litter culture we find ourselves in. Which leads me on to the Dog Control Orders and the clean street campaign. Consultation on the final orders has just finished, we had adjusted some of the areas to meet the requests that fed into that consultation. There seems to be some confusion over the dogs on leads order. This will
Page 241 require dogs to be on leads in cemeteries, alongside public highways on pavements with a speed limit of 30 mph or less. Not on country lanes, in fields or on the fells etc. I will be helping the street scene team in Ulverston on a promotional clean street day event organised by the Ulverston Spring Clean project. To promote the clean street campaign, local businesses are being given information of how we can work in partnership to promote the issues and tackle the existing problem areas; and individuals who do not dispose of their litter in the correct way. We will give copies of the Keep Britain Tidy guidance documents which give useful information to businesses in relation to the reduction of waste and litter. We are asking them to display the information posters as part of this campaign. We are planning to run this across the whole District after Ulverston, if you are planning litter picks within your communities or a spring clean event – you may find this information useful. I must express my thanks to the SLDC team for their role in the Lake Windermere clean up, their role was a great help to the project, and the amount of waste collected and the complications in how it can be disposed of was no easy task – a big well done to all. Whilst I mention success, the Partnership we have with Right2Work was recently nominated and subsequently shortlisted for the Social Enterprise North West (SENW) Excellence in Social Enterprise Awards in two categories, Excellence in Partnership and Environmental Excellence. The award ceremony was held in Blackpool, and I am pleased to tell you that Right2Work beat 7 other shortlisted nominees to win the SENW Excellence in Partnership Award 2013. Over 150 social enterprises from across the North West entered, and to win is testament to the excellent partnership working that has built between SLDC and Right2Work over the last 17 months.
Meetings/Training attended this month: Radio interview with Lakeland Radio x4 Informal cabinets x3 Dog control Order Review Recycling trial review Assistant Director meetingx3 Director meetingx6 Meeting with KKS x4 O&S plastic and cardboard recycling update Joint Homeless Strategy workshops with Eden and partners Senior housing officer meeting x2 Nick Pearson catch up/planning meeting CE meeting x2 Cabinet Ulverston – Clean streets campaign Lakeland Youth Council meeting and event at Kendal College Chairs and Vice chairs meeting Kendal Mountain festival - catch up and development meeting Switch meetings
Date: 16/04/2013 Version No: Amended by: 2 Page 242 Castle - tree planting scheme drop in session Junior Minister Norman Baker visit Windermere station and sustainable travel projects Other Issues The Community Switch scheme is still live and you are still able to help members of your communities’ register – have you done all you can? It’s not too late to help save money for those that need it most. Information is going out to every household with the council tax bills but word of mouth and face to face is the most effective way to get the message across.
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Page 244 Page 245 Page 246 Item No.13c SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 23 rd March 2013 Part I Report From: Councillor Ian Stewart Economy and Enterprise Portfolio Holder Report Title: Executive Report
Client Issues The following matters have arisen with my Portfolio:- • Shop Front Improvement Schemes. The Council is working in partnership with Ulverston, Grange over Sands, Sedbergh, Milnthorpe, Coniston, Dent, Kirkby Lonsdale, Kendal and Duddon (Broughton/ Kirkby in Furness) parish and town councils to deliver this very successful project. To date the Council has supported 44 businesses in these locations improving their shop fronts, this is in addition to the 37 shops supported in Kendal. • SLDC is continuing to work with landowners and Cumbria County Council to undertake initial development work on feasibility for a new road to connect GSK and South Ulverston businsses with the A590 in Ulverston. • The Economic Development team organised a Business Lunch at The Box in Kendal in early December focussing on Finance for Business. Speakers included Handelsbanken, Lloyds TSB and CL Cooper Business Angels. Over 70 local businesses attended. • The Economic Development team organised a visit for members to meet key businesses in Ulverston, which has resulted in subsequent meetings to discuss expansion plans. • The Highgate, Kendal improvement project has now been completed. The effect of the new Noxer paving will be monitored as part of the air quality management work. • The Council continues to support the project work of Kendal Futures. This includes: Business Improvement Districts (BIDS) – the BID project officer has completed first round of business consultations. The proposals are being drafted and a vote is being aimed for September. Project Funding - secured funding for the delivery of tourism signage in the town centre and support to events and festivals. The new Kendal Festival of Food took place on the 2 nd and 3 rd March. A report will be provided on its success. The £10,000 Town Team funding awarded to Kendal from DCLG will be used to facilitate a creative and digital hub project working with Kendal College.
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Meetings/Training attended
A variety of meetings have been attended.
Regional/National/Other Issues • The M6 Corridor proposal has been published as a concordat was signed by Eden and South Lakeland District Councils and Carlisle City Council. The Economic Development Team is producing details of available land and premises for growing businesses and/or potential inward investors. • Local Government Association will be holding a Town Hall Summit event on Economy and Transport at the end of May. The Council is assisting in the organisation of the event. • The Economic Development Team worked with South Lakeland businesses on Regional Growth Fund applications with three South Lakeland businesses submitting applications totalling 49 new jobs, 11 new apprentices and expansions of their businesses.
Looking Forward In the coming weeks, work will include:- • Shop Front Grant Schemes. The Council will be supporting 3 new Shopfront Scheme in Windermere, Hawkshead and Grasmere during 2013. Conversations are on-going with Burton and Holme Parish Councils. • The Berners project at Grange-over-Sands is progressing working in partnership with Grange Town Council. • Economic Development and Development Strategy have produced a 2013 Employment Survey which will be posted out with Business Rates in early March. The survey will also be available to complete online. This survey will give us a clear indication of business’ requirements over the next 5 years. • The redecoration of the Westmorland Shopping Centre Car Park has commenced and a review of current pay on foot payment machines within this car park is underway with a view to procure all new machines with the latest technology means of payment .
Date: 16/04/2013 Version No: Amended by: 2 Page 248 Item No.13d SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 26 March 2013 Part I Report From: Councillor Graham Vincent Communities and Well Being Portfolio Holder Report Title: Executive Report
Client Issues The following matters have arisen with my Portfolio:- The youth council continues to progress, officer support is offered to help deliver their agenda, and they make use of the council chamber to hold formal meetings. For this year they have chosen Health representation, the Environment, and anti Bullying. South Lakeland District Council hosted ‘A wish for your community’ event which was attended by representatives from schools across South Lakeland. The level of engagement between participants that were complete strangers, of varying ages was one that showed team working, respect for each other, and the ability to reach a final agreement. Council fully embraced the Take Over Day where young people came to Council and observed, commented upon, and acted as critical friends of the Council operations. Cabinet and Shadow Cabinet allowed access to their meetings, and there were a range of operational meetings where decisions were made that were attended by the visiting group. We have had very positive reaction to the day. Alcohol fuelled incidents are reducing, our partners actively involved include the Police, Bar Watch, and South Lakeland Business against Crime. Other partners play significant roles when required such as support for victims of domestic violence. The strategy of proactively engaging with revellers to reduce tensions and to encourage reduced alcohol consumption is to be extended into rural areas. Meetings/Training attended February 2013 11 th Lakeland Radio - future broadcasts 13 th Cumbria Day - Westminster 14 th Chill Swim – new event for Coniston 19 th Motor Museum-Backbarrow 20 th C.C.G. Steering Group 22 nd Steamboat Museum 25 th Police Commissioner – CSP funding 26 th Berners Development -Grange 28 th Council
Page 249 March 2013 1st Grants Panel 12 th Equalities draft report 13 th Transport Minister – Go Lakes Project
Regional/National/Other Issues South Lakeland’s finest at Tate Britain Further to last report, a reminder that The Lakeland Arts Trust and the Armitt Museum have an extensive collection of Schwitters work and both have lent significant works to the Tate for the exhibition. The work of Littoral and the Merz Barn is also referenced. The exhibition opened on 30 th January and is showing until 12 th May.
Looking Forward In the coming weeks, work will include:- The overall financial position of the Coronation Hall - Ulverston is not improving. The current business plan is not having any significant, positive impact on the level of council tax payers support. A radical and fresh approach is urgently needed to address the cost of provision. The Lido at Grange-over-Sands has been listed as a Grade 2 structure. We have the opportunity to submit a Heritage Lottery Fund (HLF) bid. This is costly and without guarantee but we will have to do something to preserve the site. It has been agreed that to fund our contribution to a successful HLF bid part of the Berners Close site is to be sold for private sector development, but that contribution is totally dependant on market conditions at the point of sale. This is not a comfortable position for us to be in. The provision of CCTV is a further pressure. Discussions have been held with the Police, the Police and Crime Commissioner, and business representatives to establish the value of CCTV, likely funders, and the state of the existing network Our current leisure contract comes to an end in March 2014 In order that Council can ensure best value for leisure provision we have sought expressions of interest from providers. Qualifying providers are now within a competitive dialogue process, prior to the invitations to tender. This is a major piece of work, and is utilising a significant amount of resource. The intended outcome however will result in significantly better service provision, an understanding of the investment required to meet the modern market, and programmes that will target unhealthy sections of our communities. The provision of health services is an emerging issue that will face us all at the beginning of April when the Clinical Commissioning Group will assume responsibility for health care. It is still developing and although there is expectation that other organisations will play significant intervention roles, only a few are fully engaged. I believe that overall a system to support engagement exists, but does require greater understanding. South Lakeland Council’s input will be through a new strategy to draw together all of our contributing services, explore where they can be best utilised, and have as its aim ‘getting and keeping our residents fit and active’. This aim will help secure longevity and happiness for our residents. Our contributions will include activities, healthy eating, food safety, warm homes, aids and adaptations for our disabled residents ,community safety, open spaces and their use.
Date: 16/04/2013 Version No: Amended by: 2 Page 250 Item No.13e SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 26 March 2013 Part I Report From: Councillor Jonathan Brook Housing and Development Portfolio Holder Report Title: Executive Report
Client Issues It is a relatively short period since my previous report to Council The following matters have arisen with my Portfolio:- Affordable Housing Impact Housing Association has recently completed construction of its new affordable housing scheme at Kirkland, Kendal. The Council has worked in partnership with Impact to deliver this scheme and provided a grant of £176,800 to help fund it. The scheme provides 33 new flats at social rents, including 12 specially adapted for people with physical disabilities. Work has begun on the redevelopment of the former auction mart site in Kendal. Once completed this will provide 94 new homes including 47 at affordable rents to be owned and managed by Home Housing. South Lakeland Local Plan A full report is included on the Council’s agenda. This reports the conclusion of studies and other work which will enable a recommencement of the Examination in Public. The report also presents the Council’s revised Local Development Scheme. Green Build Conference Early work has commenced, preparing for a conference to be held later in the year. New Homes Bonus Proposals are being sought for projects to receive funding from the Council’s New Homes Bonus for Affordable Housing or Locally Important Projects
Looking Forward In the coming weeks, work will include:- Preparations for the recommencement of the examination hearings Further development of the Berners scheme
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Page 252 Item No.13f SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 26 March 2013 Part I Report From: Councillor David Evans Policy, Performance and Resources Portfolio Holder Report Title: Executive Report
Client Issues The following matters have arisen with my portfolio:- Corporate Vision Progress with Corporate Plan activity is very good – by the end of quarter three 91% of items were reported as on track or on target. These items include priority work, the management of high risks and meeting vital targets. The Performance Management Framework, which describes how we set targets, monitor performance and report on results, has been updated. The Risk Management Framework, which outlines the process the council uses to identify, prioritise and control risks, has also been updated. Work is progressing well on the plans to develop and implement the High Performance Culture Target from the Council Plan. This will be key to enabling us to deliver our objectives in these demanding times for local government. Finance Officers continue to prepare for the financial year end. The Chief Accountant has completed and distributed the 2012/13 Year End Timetable. The Section 151 and Financial Services Team continue to meet with the external auditors in relation to the Final Accounts Audit and the VFM Conclusion Audit is underway. The Internal Audit Contract renewal is well underway and the new contract will commence in April 2013 as planned. Officers are developing service options to meet the forecast deficit in future years, which will be considered by Cabinet Members at the planned April Away Day. The Medium Term Financial Plan will be developed as part of this process. A meeting to explore the Treasury Management options will be held comprising Cabinet Members, the Section 151 Officer, Financial Services staff and the external Treasury Management and Investment advisors. Service options to balance the budget and the updated MTFP will be reported via Scrutiny to the July Council. The meetings regarding the pilot schemes for Participatory Budgeting have continued at both Ulverston and Windermere. Officers continue to support the process through analysis of budget data for the relevant areas. The changes to the organisational structure, which has delivered significant savings, is operative from April. The S151 Officer (Assistant Director, Resources) will now oversee Legal Services as well as Financial Services and Revenues and Benefits Services.
Page 253 Revenues and Benefits The last 6 weeks have been involved in preparing for the annual Council Tax and Non-Domestic Rate billing. This year has been particularly difficult with the many changes made by Council to the Council Tax discounts and introduction of both the Council Tax Premium and the new Local Council Tax Reduction Scheme. National Non-Domestic Rate bills were issued on the 12 th March 2013 to 7,607 properties for a total business rate payable to the Council of £40,600,000. Council Tax bills were issued on 18 th March 2013 to 52,216 people totalling £69,900,000. For 6,000 residents a Local Council Tax Reduction was awarded with Reductions in total amounting to £5,600,000. The updates to the Council Tax Discounts System have resulted in increased revenue of approximately £1,000,000 across all tiers of Local Government across South Lakeland. Second Homes will no longer receive a special discount, and the 545 properties, which have been vacant for over 2 years, have been charged a Council Tax Premium of 50%. Collection levels for Council Tax and Business Rates at 31 January 2013 remain encouraging with both being marginally ahead of targets and collection levels at the same point last year. Meetings/Training attended Key events include • 25 th February – meeting with Don Foster Minister of State, DCLG. • 8th March – CIPFA training, Treasury Management Accounts Closedown Masterclass • 8th to 10 th March – Liberal Democrat Party Conference – liasing with Lib Dem leaders and members of other councils, discussing issues affecting local government. • 18 th March – SPARSE meeting • 20 th March – LGA Meeting • 21 st March – SLDC Chairman’s Dinner Regional/National/Other Issues The key issue that will be receiving a large proportion of my time is the impact of the government grant settlement on SLDC. Looking Forward In the coming weeks, work will include:- Corporate Vision Work will begin at the start of April to prepare the end of year (quarter four) performance report. The development of detailed project plans for the key targets in the Council Plan will be my main focus in coming weeks. Finance The Medium Term Financial Plan will be updated for consideration by Council in the next Financial Year. Work will be progressed to enable a high quality and timely set of final accounts to be prepared by the 30 June statutory deadline. Work will continue on identifying future service options that will balance the projected deficits in future years. Officers will continue to support the Participatory Budgeting pilots through analysis of budgets for the town councils involved.
Date: 16/04/2013 Version No: Amended by: 2 Page 254 Item No.13g
SOUTH LAKELAND DISTRICT COUNCIL Council Date of Meeting: 26 th March 2013 Part I Report From: Councillor Janet Willis Central Services Portfolio Holder Report Title: Executive Report
Introduction As it is less than a month since my last executive report there is not a great deal to add to what was reported at the last meeting. As stated last time the targets set in the Council Plan are:- • Investors in People During 2014/15 the council will achieve the Investors in People Silver Award • Customer satisfaction During 2013/14 the council will improve on its 80% customer satisfaction rating • Complaints During 2013/14 all complaints will be acknowledged by the next working day and dealt with within ten working days. The organisational review is now close to full implementation and has required a large amount of Human Resources support both with recruitment and also dealing with the 16 staff leaving the organisation. As stated last time we should never underestimate the effect this has on our workforce and that this has been a very unsettling time for staff, especially those who have been made redundant. The results of the annual SOCITM (Society of IT Managers) Better Connected Survey have been published. It was very pleasing to see that Eden retained their four star status and have been recognised as being in the top 20 of best local government websites in the country. South Lakeland has moved up from two stars to three stars which is a very good achievement. The following matters have arisen with my Portfolio:- Member Services • Member Development – it has been confirmed that the assessment for the review of the level 1 NW Charter will be taking place on the 4 th April 2013. The assessment visit will include interviews for a number of officers and members.
Human Resources • Organisational Review - The HR Team are heavily involved in supporting implementation of the review which will be fully implemented by 1 st April. • Human Resources Committee – met on 5 March and agreed Pay Policy Statement 2013/14 for recommendation to Full Council, and changes to Disciplinary Policy and Equality and Diversity in the Workplace. • Job Appraisals – work is progressing on new job appraisals which will include a Personal Qualities Framework. There will be a section on managing performance and this will be an important element to the high performance culture described in the Council Plan.
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Customer Services • Power up your community - The second energy switching scheme has been extended and customer services staff are continuing to help customers who cannot access the internet to register either via telephone or face to face. • Postal vote applications -The contact centre staff continue to assist Electoral Services with postal vote applications.
IT Services • Telephony – The replacement telephone system (Microsoft Lync) for South Lakeland is progressing very well. Approximately 80 staff have now been migrated to the new system and an extensive training programme is underway. • Shared IT Service Desk – The single service desk continues to work well for both councils, development of this service will be an on-going process, but it is our intention to encourage all support requests to be entered directly into the service desk by users themselves instead of raising a support call using the telephone. • Audit Requirements – Work on audit requirements continues and will be an on-going process. • Website hosting – The website migration and hosting project is now underway. We are migrating the website to the same technology that is currently used at Eden. The new website will be hosted alongside the Eden website on a single platform. This means that any future developments can be easily used by both councils.
Meetings/Training attended Chairs & Vice Chairs – who have expressed an interest in being involved in member training, relating to committees. Constitution Review Group HR Committee N W Employers Member Development Network S L Housing One Year Celebration Furness Enterprise Board Informal Cabinet
Regional/National/Other Issues None at this time.
Looking Forward As stated last time, I firmly believe that at the heart of any successful organisation are efficient and effective support services. When going through periods of change there is a need not only to invest in new technology but also invest in the development of the workforce. Both these are within my portfolio area. It is also crucially important that customer care is given top priority and it is for these reasons that I have focussed on these areas within the Council Plan. By the time of my next report we will have been assessed for the Level 1 NW Member Development Charter and established a Member Development programme for 2013/2014 which will be considered by the Member Support Steering Group. Work will continue on the Council Plan, drafting Project Plans, where appropriate, for my ‘We will’ and target objectives.
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