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 Cabinet on Wednesday, 19 September 2012, at 10.00 am in the District Council Chamber, South Lakeland House, Kendal

Membership

Councillors

Jonathan Brook Housing and Development Portfolio Holder David Evans Policy, Performance and Resources Portfolio Holder Clare Feeney -Johnson Deputy Leader of the Council and Environment and Sustainability Portfolio Holder Ian Stewart Economy and Enterprise Portfolio Holder Peter Thornton Leader of the Council and Promoting South Lakeland Portfolio Holder Graham Vincent Communities and Well Being Portfolio Holder Janet Will is Central Services Portfolio Holder

Tuesday, 11 September 2012

Debbie Storr, Director of Policy and Resources (Monitoring Officer)

For all enquiries, please contact:- Committee Administrator: Inge Booth Telephone: 01539 717434 e-mail: [email protected] AGENDA Page Nos. PART I Standing Items/Monitoring Reports 1 APOLOGIES To receive apologies for absence, if any. 2 CABINET EXECUTIVE DECISIONS 1 - 14 To authorise the Chairman to sign, as a correct record, the Notice of Executive Decisions made by Cabinet during the week ending 29 August 2012 (copy attached). 3 DELEGATED EXECUTIVE DECISIONS 15 - 18 To receive the Notices of Delegated Executive Decisions made by Portfolio Holders or Officers during the weeks ending 16 and 30 August 2012 (copies attached). 4 DECLARATIONS OF INTEREST To receive declarations by Members and/or co-optees 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. 5 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. 6 PUBLIC PARTI CIPATION 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. 7 PROGRESS REPORT 19 - 24 To note progress in relation to outstanding Executive Decisions as at 11 September 2012. Key Decisions

8 EXPANSION OF DOMESTIC KERBSIDE RECYCLING TO INCLUDE 25 - 30 SOME PLASTIC MATERIALS AND CARDBOARD ON A TRIAL BASIS WITHIN AN AREA OF KENDAL (KD12/022/E&S) To consider the introduction of a pilot scheme to trial the collection of plastic and cardboard from the kerbside as part of the kerbside recycling service at approximately 7,500 households in the Kendal area. 9 EXTENSION OF RECYCLING BRING SITE CONTRACT 31 - 34 (KD12/021/E&S) To consider the extension of the Recycling Bring Site Contract for one year from 6 November 2012 to 5 November 2013 and to approve the incorporation of a one year trial for textile collection from schools within the District within the existing contract arrangements. 10 AWARD OF TENDER FOR ARBORICULTURAL FRAMEWORK 35 - 38 AGREEMENT (KD12/015/E&S) To consider information about the recently tendered Arboricultural Framework Agreement and to consider the award of the tender. (Please also see Part II Appendix 1 to the report.) Referrals to Council

11 CUMBRIA CHOICE ALLOCATIONS POLICY - PROPOSED 39 - 122 REVISIONS To consider recommending to Council approval for proposed revisions to the allocation policy of the Cumbria Choice Allocations Policy (Choice Based Lettings Scheme) originally adopted by South Lakeland District Council as its Housing Allocation Scheme in August 2010. General Executive Matters

12 COUNCIL -OWNED LAND AT BERNERS CLOSE, GRANGE -OVER - 123 - 136 SANDS To consider the sale of Council-owned land at Berners Close, Grange- over-Sands to enable new affordable and market housing, part of which would be a community-led development, and to approve the development and submission of applications to the Heritage Lottery Fund for the Former Outdoor Pool (Lido). 13 ABBOT HALL LEASE EXTENSION 137 - 144 To consider extending the lease and boundary of the Abbot Hall lease to Lakeland Art Trust. 14 APPOINTMENT OF REPRESENTATIVE TO SOUTH LAKES HOUSING Councillor Janet Willis’ term is due to expire in Autumn 2012 and Members are, therefore, asked to consider the appointment of a representative to South Lakes Housing to Autumn 2015. Matters referred to Cabinet by Overview and Scrutiny Committees

15 COMMUNITIES OVERVIEW AND SCRUTINY COMMITTEE NOMINATIONS TO CUMBRIA HEALTH AND WELLBEING SCRUTINY COMMITTEE Following the recent resignation of Councillor Mark Wilson as the Council’s representative on the Cumbria Health and Wellbeing Scrutiny Committee for 2012/13, to approve further nominations from the Communities Overview and Scrutiny Committee of Councillors Vivienne Rees and Sue Sanderson (as substitute). 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)

Key Decisions

16 EXTENSION OF RECYCLING BRING SITE CONTRACT 145 - 146 (KD12/021/E&S) - APPENDIX 1

- Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information)

To consider tender scoring details, tender costs and quality assessment scores. (Please also see Part I report.) 29 Item No.2 29.08.2012 Cabinet Executive Decisions

EXECUTIVE DECISION NOTICE

CABINET

A record of the decisions made at the meeting of the Cabinet held on Wednesday, 29 August 2012, at 10.00 am.

Present

Councillors

Peter Thornton (Leader of the Council and Promoting South Lakeland Portfolio Holder) (Chairman)

Jonathan Brook Housing and Development Portfolio Holder David Evans Policy, Performance and Resources Portfolio Holder Clare Feeney-Johnson Deputy Leader of the Council and Environment and Sustainability Portfolio Holder Ian Stewart Economy and Enterprise Portfolio Holder Graham Vincent Communities and Well Being Portfolio Holder Janet Willis Central Services Portfolio Holder

Also in attendance at the meeting were Shadow Executive Members Ben Berry (Policy, Performance and Resources Portfolio), Roger Bingham (Environment and Sustainability Portfolio), Tom Harvey (Deputy Leader of the Opposition and Housing and Development Portfolio), John Holmes (Central Services Portfolio), Janette Jenkinson (Economy and Enterprise Portfolio) and David Williams (Communities and Well Being Portfolio) .

Shadow Executive Member James Airey (Leader of the Opposition and Promoting South Lakeland Portfolio) had tendered his apologies for absence.

Officers

Lawrence Conway Chief Executive John Dyer Partnership and Communities Manager Julie Jackson Senior Housing Strategy Officer Jayne Kendall Economic Development Group Manager Caroline Leigh Corporate Asset Manager Shelagh McGregor Assistant Director Resources (Section 151 Officer) Simon McVey Assistant Director Policy and Performance Matthew Neal Solicitor to the Council Helen Smith Strategic Finance Manager Debbie Storr Director of Policy and Resources (Monitoring Officer) David Sykes Director of People and Places Lee Teasdale Democratic Services Assistant

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CEX/37 CABINET EXECUTIVE DECISIONS

RESOLVED – That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 25 July 2012.

CEX/38 DELEGATED EXECUTIVE DECISIONS

RESOLVED – That the Delegated Executive Decisions made by Portfolio Holders or Officers on 20, 25 and 26 July and 2 August 2012 be received.

CEX/39 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that Councillor Clare Feeney-Johnson declared an interest in Minute No. 50

CEX/40 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS

RESOLVED – That it be noted that there were no items in Part II of the Agenda.

CEX/41 PUBLIC PARTICIPATION

RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received.

CEX/42 PROGRESS REPORT

RESOLVED – That the Executive Decisions Progress report, as at 20 August 2012, be received.

CEX/43 FORWARD PLAN

RESOLVED – That the contents of the Forward Plan covering the period 1 September to 31 December 2012 be noted.

CEX/44 TREASURY MANAGEMENT ANNUAL REPORT 2011/12

Summary

The Policy, Performance and Resources Portfolio Holder presented the Council’s Treasury Management Annual Report for 2011/12, in accordance with regulations issued under the Local Government Act 2003. The report reviewed treasury management activities and the actual prudential and treasury indicators for 2011/12, and met the requirements of both the CIPFA Code of Practice on Treasury Management and the CIPFA prudential Code for Capital Finance in Local Authorities.

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Decision

RESOLVED – That Council be recommended to accept the Treasury Management Annual Report attached at Appendix 1 to the report..

Reasons for Decision

To demonstrate how the Council has complied with its legislative and regulatory requirements in relation to treasury management.

Alternative Options Considered and Rejected

Not applicable.

CEX/45 2011/12 FINAL ACCOUNTS ISSUES

Summary

The 2011/12 Provisional Revenue and final Capital Outturn positions for both the General Fund and the Housing Revenue Accounts had been reported to the Cabinet meeting on 30 May 2012. In addition, Council, on 26 July 2012, had approved the carry forward requests for both revenue and capital and also the movements on reserves for 2011/12.

The 2011/12 Statement of Accounts (subject to Audit) had been approved for issue by the Assistant Director Resources/Section 151 Officer by the required statutory deadline, on 30 June 2012. These Accounts were now being externally audited and the outcome of that would be incorporated into the 2011/12 Annual Governance Report from the Audit Commission which was to be considered by the Audit Committee on 26 September 2012.

The report, presented by the Policy, Performance and Resources Portfolio Holder, identified any other issues which had not been covered by the previous reports, including the final revenue outturn position reflected in the Statement of Accounts (subject to Audit).

Decision

RESOLVED – That Council be recommended to note the final revenue outturn figures and variance explanations set out in Appendix 1 and paragraphs 3.1.2 to 3.1.3 to the report.

Reasons for Decision

The conclusion will be a 2013/14 Revenue Budget updated for the final accounts process to enable the priorities of the Council to be delivered.

Alternative Options Considered and Rejected

Not applicable.

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CEX/46 CORPORATE FINANCIAL MONITORING REPORT

Summary

The Policy, Performance and Resources Portfolio Holder presented the first quarterly financial monitoring report for 2012/13. It set out the corporate picture of the Council’s financial performance during the period ending June 2012. It summarised the General Fund revenue income, approved savings, Treasury Management, Reserves, Revenue Collection and Sundry and Long-term debtors.

Approvals were sought to minor changes in the budgets including income and expenditure budgets for the 2012 Police and Crime Commissioner elections, which totalled £175,000.

To facilitate the delivery of future savings it was proposed that the ear-marked monies for one-off costs of Service Reviews were increased. It was requested that funding of £350,000 be transferred from the Council’s General Fund Working Balance to the General Reserve and ring-fenced within the reserve.

Decision

RESOLVED – That

(1) the financial position of the Council at 30 June 2012, as detailed in the report, be noted; and

(2) Council be recommended to:-

(a) approve income and expenditure budgets for the 2012 Police and Crime Commissioner Elections totalling £175,000;

(b) approve the contribution of £350,000 from the General Fund Working Balance to the General Reserve, to be earmarked for the one-off costs of implementing Service Reviews;

(b) to authorise the Human Resources Committee and/or Cabinet (as appropriate) to utilise the earmarked funds to implement decisions arising from the Service Reviews; and

(d) to approve a contribution from the Local Arts Strategic Partnership Reserve of £24,000 towards the cost of Mintfest for 2012.

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Reasons for Decision

The proposals provide a sound financial framework for delivering corporate outcomes.

To regularise some budget issues to ensure effective management of services and the financial resources.

Alternative Options Considered and Rejected

Not approving the changes could result in unauthorised spending and transactions with possible legal challenge and audit qualification.

CEX/47 DRAFT BUDGET STRATEGY 2013/14 - 2017/18

Summary

The Policy, Performance and Resources Portfolio Holder presented a report of the Council’s financial position at the end of July 2012, as against the Medium Term Financial Plan which had been approved by Council on 29 March 2012. The report included updated deficit projections in the light of events which had occurred since March 2012. The report also outlined the initial proposals for the preparation of budgets for 2013/14 onwards. Members were advised that a further report containing the financial impact of the draft Central Government funding proposals which were now out for consultation, as well as a response to that, would be provided at the 19 September 2012 Cabinet meeting.

Decision

RESOLVED – That:-

(1) the latest projections within the Medium Term Financial Plan be noted; and

(2) the draft Budget Strategy set out in the report be agreed.

Reasons for Decision

To provide a framework for the preparation of budgets for 2013/14 onwards that will ensure the Council directs its financial resources to delivering the priorities within the Council’s Corporate Plan and Five Year Strategy.

Alternative Options Considered and Rejected

The proposals contained within the report are a practical expression of measures to ensure that 2013/14 – 2017/18 budgets are prepared on a sound basis within an agreed corporate framework. Alternative assumptions are possible, some of which will be worked up and brought to future committee meetings as part of the 2013/14 Budget.

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CEX/48 THE GLEBE, BOWNESS ON WINDERMERE - PROPOSED HERITAGE LOTTERY FUND APPLICATION

Summary

The Economy and Enterprise Portfolio Holder provided Cabinet with an update on progress on the Glebe project at Bowness-on-Windermere.

Representatives of the Heritage Lottery Fund (HLF) had visited the Glebe and it had been agreed that, subject to approval by South Lakeland District Council as the major landowner, a stage one application could be submitted by 31 August 2012.

A successful stage one application would provide funding to fully develop and cost the proposals.

The detail of the stage one application to the HLF was currently being developed with partners. It was intended at this early stage to consider incorporating public realm and environmental improvements to the foreshore, links to Ferry Nab and Braithwaite Fold Car Park and pedestrianised areas of Glebe Road.

The project would provide an opportunity for the Council, as the major landowner in this area, and its partners to improve the environment of the Glebe and help to make it a world class destination.

The stage one application would be a joint application from the Council and the Lake District National Park Authority. The Council would be required to be the accountable body as it was the principal land owner in the area for the stage one application and then, if successful, a subsequent stage two application would be submitted for project delivery.

Decision

RESOLVED – That

(1) the ongoing development of the project be supported; and

(2) the following be approved:-

(a) development and submission of a Stage One application to the Heritage Lottery (Parks for People) Fund (HLF); and

(b) subject to a successful Stage One application, the use of up to £10,000 from the LABGI reserve to match fund HLF and partner funding for the development of the project.

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Reasons for Decision

A successful first stage application to the Heritage Lottery (Parks for People) Fund will fund the development of a project which would be the first step in delivering some of the aspirations of the original BDP masterplan. It will frame in detail a project that is deliverable and fundable, subject always to match funding being available for the delivery stage, and which will move some way towards the aspirations of all partners involved in the original masterplan that the Glebe be a world class destination.

In addition, the project links to the Council’s Corporate Plan through several indicators:-

health and well being initiatives jointly delivered by partners;

use our parks and outdoor spaces to enhance our unique cultural identity; and

enhance the quality of the local environment.

Alternative Options Considered and Rejected

The alternative is not to proceed.

CEX/49 WINDERMERE ROAD CAR PARK, GRANGE-OVER-SANDS COVENANT TO BOOTHS

Summary

The Policy, Performance and Resources Portfolio Holder presented a report requesting Cabinet for permission to grant to Booths a 35 year covenant over Windermere Road Car Park in Grange-over-Sands and an easement for a flood relief scheme.

The proposal was supported locally as it would support businesses in the local area and would provide the security that Windermere Road car park would remain a car park.

In addition to the flood relief scheme, it was acknowledged that Booths had offered to dredge the Ornamental Gardens pond and to make repairs to the walls of the pond and islands subject to the final agreement.

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Decision

RESOLVED – That

(1) the following be approved in principle:-

(a) the granting of a 35-year covenant in favour of Booths to ensure Windermere Road Car Park remains a public car park; and

(b) the granting of an easement for a flood relief scheme; and

(2) the Assistant Director (Strategic Planning) be delegated authority to approve the details of the terms and conditions.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan – Economy – creating opportunities for economic growth.

By providing a 35-year covenant for Windermere Road Car Park to Booths, this not only realises the aspirations for the site, but secures the car park for local businesses in the area and, if approved by the Environment Agency, potentially an improved flood relief scheme for the area.

Alternative Options Considered and Rejected

The alternative option is not to permit the covenant over the car park or easement for the flood relief proposals. This is likely to mean that aspirations for the site are not met.

CEX/50 KENDAL COLLEGE EXPANSION

Note – Councillor Clare Feeney-Johnson declared a personal explanation of pre determination in the following item of business. She left the chamber during the discussion and voting thereon.

Summary

The Communities and Well-Being Portfolio Holder and Policy, Performance and Resources Portfolio Holder jointly presented a report requesting authority to transfer District Council-owned land to Kendal College in order to facilitate an Engineering, Science and Technology building at the campus. In addition, Cabinet’s approval was sought for the granting of a lease extension to Kendal College to manage and operate all aspects of Kendal Museum post 2019 on a 99 year lease.

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Members endorsed the proposal, it was considered that the opening of such a building would allow the local area to produce more professionals in highly skilled trades, which in turn would attract more high-profile employment opportunities to the area, such as the recent expansion made by GlaxoSmithKline.

Decision

RESOLVED – That

(1) the following be approved in principle:-

(a) the grant of a 99-year lease to Kendal College for land highlighted in Appendix 1 to the report to facilitate the expansion of the college by creating a new Engineering, Science and Technology facility; and

(b) the extension of the management agreement with Kendal College on Kendal Museum buildings and collection for 99 years post 2019; and

(2) the Assistant Director (Strategic Planning) be delegated authority to approve the details of the terms and conditions.

Reasons for Decision

To assist in the delivery of the Council’s Corporate Plan:-

Economy – “District wide workforce development”

Culture and Wellbeing – “Increase accessible participation in cultural activities across the district”

Kendal College has a real opportunity to provide better and increased education facilities which will help continue to drive the College’s success and contribute to the District’s economy by providing additional skills in engineering, applied sciences and pharmaceutical science. Post 2019, the College will take over Kendal Museum and its collection.

Alternative Options Considered and Rejected

The alternative option is not to permit the land disposal to Kendal College. This will result in Kendal College not pursuing and achieving their aspirations for expanding the college and the education provision it can offer. The opportunity to create additional skills in the eastern part of South Lakeland will be lost. It will also mean that it may be unlikely that the Council can expect the College to renew its management agreement on the Museum.

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CEX/51 TENANCY STRATEGY (KD12/013/H&D)

Summary

The Housing and Development Portfolio Holder presented a draft Tenancy Strategy, as required by the Localism Act 2011, which had been produced in partnership with Eden District Council. The Tenancy Strategy would give Registered Providers, i.e. housing associations, a steer on how they should implement policies relating to flexible tenancies and affordable rents and ensure that the Council’s view was taken into account.

The Tenancy Strategy set out the Council’s position in relation to:-

• the new form of fixed term/flexible tenancy introduced by the Localism Act 2011;

• the conversion of social rents to the new higher affordable rents;

• allocating affordable and social rented homes;

• new build affordable rented homes; and

• making best use of the social rented stock and safeguarding vulnerable people.

Item 3.2.1 of the Strategy had seen a suggestion from Eden District Council incorporated. The amended page to the draft Strategy was handed out at the meeting (a copy is available on file).

Decision

RESOLVED – That the draft South Lakeland District Council and Eden District Council Tenancy Strategy 2012-2017 be approved.

Reasons for Decision

Housing is one of the Council’s four key corporate priorities. The Tenancy Strategy supports key objectives, “reducing the risk of homelessness”, “enable new housing” and “ensure the best use of the housing stock.”

The requirement to produce a Tenancy Strategy is a statutory duty under the Localism Act 2011.

The expected outcomes that the Tenancy Strategy will deliver provided that Registered Providers follow the Council’s recommendations are that tenancies will be maintained and provided at a rent that can be afforded, thereby minimising the risk of homelessness and instability within our communities. Better use will be made of existing stock by encouraging under-occupiers to downsize to accommodation that is better suited to their needs where this is possible.

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Alternative Options Considered and Rejected

The Council could decide to encourage Registered Providers to charge the full 80% of market rent on all re-let properties thereby releasing more borrowing potential. However, this option is not recommended as it is likely to cause affordability issues which could to lead to increasing levels of homelessness following the introduction of Universal Credit. Additionally, where market rents are at their highest in rural localities this could hinder community sustainability and have a wider impact on young people being able to stay in their villages with further impacts on schools, shops and businesses.

The Council could decide not to support the use of flexible tenancies at all. However, as this is a five year document, it is likely that Registered Providers may wish to use this new form of tenancy in the future. Whilst there are reservations, the flexible tenancy can enable better use of housing stock provided safeguards are in place for vulnerable households. It is recommended that the Council supports their use in certain circumstances as outlined within Section 3.1 the Tenancy Strategy.

CEX/52 REGULATION OF INVESTIGATORY POWERS ACT 2000 - ANNUAL REVIEW AND PROPOSED AMENDMENT OF POLICIES

Summary

It was a requirement that the operation of the Council’s surveillance policies and practices under the Regulation of Investigatory Powers Act 2000 (RIPA) was reviewed on an annual basis.

The Solicitor to the Council presented a report to enable the review to be carried out. The report also suggested a revision to the Council’s surveillance policies and practices under RIPA. The proposed amendments reflected the provisions of the Protection of Freedoms Act 2012. The amendments reflected that the surveillance could only be authorised in relation to serious criminal offences (not anti-social behaviour or disorder) and that authorisations would need the approval of the Magistrates’ Court.

Decision

RESOLVED - That

(1) the following be noted:-

(a) the update on the operation of the Council’s policies and procedures as regards RIPA for the year 2011/12; and

(b) the provision of appropriate training to relevant staff;

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(2) the amendments to the Council’s Surveillance Policy, set out at Appendix 1 to this report, to reflect the provisions of the Protection of Freedoms Act 2012, be approved, such amendments to take effect from the date that the relevant provisions of that Act come into force; and

(3) the Director of Policy and Resources (Monitoring Officer) be delegated authority to enable further minor amendments to the Council’s Surveillance Policy to reflect any guidance that may be produced by the Government or the Office of Surveillance Commissioner or shared best practice.

Reasons for Decision

It is a requirement that such a review is carried out on an annual basis.

In addition, the decision links into the Council’s Corporate values of Excellence and Openness.

Alternative Options Considered and Rejected

Whilst further amendments (over and above those proposed) could be made to the current Surveillance Policy, the policy has only in the last year been updated to respond to the report from the Office of Surveillance Commissioners of 3 November 2011. The report of the Office of Surveillance Commissioners expressed satisfaction with the content of the Council’s Surveillance Policy and suggested only modest changes. Such changes were subsequently implemented. Only certain amendments are required to the Policy as a result of the changes in the law.

CEX/53 LOCALISM ACT - RIGHT TO CHALLENGE

Summary

The Community Right to Challenge gave a right for community organisations to submit an expression of interest in running services of the Council. Where the Council accepted an expression of interest, a procurement exercise would have to be set up for the service and the interested group would need to compete with others who might wish to run the service. Where the service was delivered as part of a statutory duty, the Council retained the statutory duty, even if delivery of services was commissioned to meet statutory duties externally. The Community Right to Challenge sought to give communities more opportunities to shape and run local public services where they believed they could do so differently and better, make them more responsive to local needs, offer additional social value, or deliver better value for money.

The Policy, Performance and Resources Portfolio Holder presented a report asking Cabinet to consider and determine the Council’s approach to the new Right to Challenge which had come into force from 27 June 2012.

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Decision

RESOLVED - That

(1) the requirements of the Right to Challenge summarised in the report be noted;

(2) the Director of Policy and Resources be appointed as the proper officer for the receipt, validation and acceptance or rejection of expressions of interest under the Right to Challenge;

(3) the Director of Policy and Resources, as proper officer, after consultation with the appropriate Assistant Director(s) and appropriate Cabinet Portfolio Holder, be authorised to determine whether grounds exist to accept or reject an expression of interest on behalf of the Council, with the ability to refer sensitive expressions of interest to Cabinet for consideration where required;

(4) the proper officer be required to report at least annually to Cabinet, and to the appropriate Overview and Scrutiny Committee, on any expressions of interest received;

(5) the Assistant Director Resources be appointed as deputy for the proper officer to act in a situation where the proper officer is absent or may otherwise be unable to act;

(6) the timeframes to be used in the Right to Challenge process be agreed as follows:-

(a) that from 2013/14 expressions of interest may be submitted between 1 April and 30 June annually which gives time for full consideration of the submissions, decisions to be taken and any resultant implications to be taken into account during the budget process for the following financial year; and

(b) the maximum length of time that it will take to make decisions on expressions of interests received be set at 3 months; and

(7) it be noted that, once an expression of interest is accepted, a procurement exercise will be undertaken within existing Contract Procedure Rules.

Reasons for Decision

The Right to Challenge is an important element of the Localism Act and reflects the Council’s Corporate Objective to “involve our communities in decision making that affects their communities”.

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Community Right to Challenge seeks to give communities more opportunities to shape and run local public services where they believe they can do so differently and better. The Council needs to ensure there is an open and robust process in place for providing opportunities to express an interest in delivering services by a relevant body and for full evaluation of that interest.

Alternative Options Considered and Rejected

The Council is obliged, by virtue of it being a “relevant authority”, to respond to submissions under the Right to Challenge. Whilst there is some discretion in determining the timelines for the process, there is no alternative to dealing with expressions of interest received.

The meeting ended at 11.30 am

Page 14 Item No.3 17 16.08.2012 Delegated Executive Decisions

DELEGATED EXECUTIVE DECISIONS

A record of delegated decisions made by individual Portfolio holders or officers week ending Friday, 17 August 2012.

The reports (unless exempt under Section 100(B)(2) of the Local Government Act 1972, on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the Paragraphs indicated and, in all the circumstances of the case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing it) are available for inspection from the Democratic and Electoral Services Manager, South Lakeland House, Kendal.

DEX/6 PAY AND DISPLAY STATION WORKS (Director of People and Places)

Summary

The Council had been working through a programme of works to upgrade all its car parks to BS8300 compliance regarding disabled access and to replace all its pay and display machines.

Consideration was given to tenders received for the car park Pay and Display Station works which was the final stage of the programme.

Note – The tender summary was provided in Appendix 2 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 the financial or business affairs of any particular person (including the authority holding that information). (Paragraph 3)

Decision

The highest scoring tender be accepted from the supplier identified in the Part ll Appendix 2 to the report

Reasons for Decision

Investing in the Car Parks is part of the Social Enterprise Service Plan 2012/13 that contributes to the Council’s Corporate Plan objectives.

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Alternative Options Considered and Rejected

Cease the upgrade of the car park. At this stage this option is not recommend as the Council has already adopted a policy to raise its car parks to the required standard and this is the final stage of those works.

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DELEGATED EXECUTIVE DECISIONS

A record of delegated decisions made by individual Portfolio holders or officers week ending Friday, 31 August 2012.

The reports (unless exempt under Section 100(B)(2) of the Local Government Act 1972, on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the Paragraphs indicated and, in all the circumstances of the case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing it) are available for inspection from the Democratic and Electoral Services Manager, South Lakeland House, Kendal.

DEX/7 TRANSFER OF LOW FOLD PUBLIC CONVENIENCE (DIRECTOR OF PEOPLE AND PLACES)

Summary

Consideration was given to the transfer of Low Fold public convenience to Lakes Parish Council, who wished to re-open the facility which had been closed for some time.

Decision

The transfer of Low Fold public convenience to Lakes Parish Council by way of long term lease at less than best consideration, as detailed within the report, be approved.

Reasons for Decision

Low Fold public convenience will transfer to Lakes Parish Council to run at a local level as the community demands, which meets the Localism agenda and targets.

In addition, the decision assists in the delivery of the Council’s Corporate Plan – Environment – enhancing the environment in which we live.

Alternative Options Considered and Rejected

The alternative option is not to transfer Low Fold public convenience to the Parish, which would mean that the asset would not re-open. The asset could also be demolished to create additional parking.

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Page 18 19 September 2012 EXECUTIVE DECISIONS - PROGRESS REPORT (as at 11 September 2012)

Executive Decision Report Title Action Required or Date Officer Progress or Outcome of Cabinet Decision Ref. Date Completed Completion Report Due

EX/341 16.4.10 Council Owned Land and Dispose on open market, Debbie Storr LDNPA advised that the Progress Property - Stock Ghyll subject to agreeing [Matthew Neal] original Planning Consent report due by Cottage and adjacent appropriate terms and can be resurrected subject Nov 2012 Closed Toilets, Stock conditions to a bat survey and flood Ghyll Lane, Ambleside assessment being carried (KD10/015/C&WB out and considered under new policies. Reports being requisitioned with a view to submitting them to the LDNPA. This should enable LDNPA to confirm

Page 19 that the old consent is still valid and enable marketing to commence. Item No.7 19 September 2012 EXECUTIVE DECISIONS - PROGRESS REPORT (as at 11 September 2012)

Executive Decision Report Title Action Required or Date Officer Progress or Outcome of Cabinet Decision Ref. Date Completed Completion Report Due

EX/044 9.7.10 Joint Marketing Proposal AD(SE) to approve details Debbie Storr Planning application has DED to for Surplus Land off and eventual outcome of [Matthew Neal] been submitted by Two appoved Windermere Road, proposed sale to be Castles Housing detailed Kendal reported back for Association, discussions heads of approval. regarding detailed heads terms mid of terms have Nov 2012 so commenced. N/A Page 20

EX/266 15.4.11 Waste Collection Task Implement decisions David Sykes [Simon Update report to come Feb-13 and Finish Group Report Rowley] forward as the outcome of work via the Strategic Waste Partnership (Enhanced Partnership Working) becomes known. 19 September 2012 EXECUTIVE DECISIONS - PROGRESS REPORT (as at 11 September 2012)

Executive Decision Report Title Action Required or Date Officer Progress or Outcome of Cabinet Decision Ref. Date Completed Completion Report Due

EX/055 15.7.11 New Road Common Land Implement decisions David Sykes Preparation for Nov-12 [Michael Keane] deregistration being progressed. Site investigation works completed. Canal Head development proposals to be considered in the scheme EX/111 23.9.11 Financial Support to Implement decisions with Debbie Storr [Simon Work ongoing Oct-12 External Parties regard to review, McVey] Task and Finish Group proposals and budget Established

Page 21 issues and request O&S Task and Finish Group looking at grants to consider and make recommendations to Cabinet. EX/155 18.11.11 Shared Revenues and Current pilot arrangements Debbie Storr Review to be undertaken Oct-12 Benefits Management with to be extended and [Shelagh McGregor] by the end of September Eden District Council enhanced and 2012. Revised Business (KD11/017/CS) implementation timetable Plan for the Service post 1 revised to April 2013. April 2013 being drafted. 19 September 2012 EXECUTIVE DECISIONS - PROGRESS REPORT (as at 11 September 2012)

Executive Decision Report Title Action Required or Date Officer Progress or Outcome of Cabinet Decision Ref. Date Completed Completion Report Due

EX/199 27.1.12 Berners Close, Grange- Working Group to be David Sykes Working Group has met. Sep-12 over-Sands established to consider [Michael Keane] Project planning options and develop new proceeding proposal and officers to proceed, as detailed within report.

EX/217 17.2.12 Introduction of Dog Report back to future David Sykes [Simon Clean Streets consultation Dec-12 Control Orders Cabinet meeting following Rowley] launched July consultation. Page 22 CEX/13 30.5.12 Trial of Car Parking Tariffs Implement trials. David Sykes [Simon Trials commenced. Nov-12 Rowley] Outcome to be reported.

CEX/20 27.6.12 Community Energy Implement Pilot Project Debbie Storr [Simon Pilot project launched on 1 Jan-13 Collective Switching Pilot and review to be carried McVey] August 2012. Further Project out upon completion with report detailing income further report detailing how distribution to be produced income to be distributed. when the numbers switching supplier becomes known.

CEX/31 25.7.12 Leisure Services Review Implement decisions to David Sykes Detailed implementation Nov-12 (KD12/018/C&WB) enable delivery planning underway. arrangements to be in Progress report to be place by April 2014. provided for Cabinet 19 September 2012 EXECUTIVE DECISIONS - PROGRESS REPORT (as at 11 September 2012)

Executive Decision Report Title Action Required or Date Officer Progress or Outcome of Cabinet Decision Ref. Date Completed Completion Report Due

CEX/32 25.7.12 Draft Local Scheme for Subject to consultation, Shelagh McGregor Consultation scheduled to Council Tax Reduction: A implement decisions, nd Replacement for Council further decisions to be commence 22 August. Tax Benefit (Outline made by Cabinet on 31 Local Government Proposals) October and by Council on Finance Bill has not 18 December. received Royal Assent and will be at Reports stage in th House of Lords on 10 October. It is unlikely now Oct-12 that Bill will receive Royal st assent by 31 October

Page 23 which means the Cabinet decision on a Local Scheme recommendation to Full Council will probably need to be deferred. CEX/44 29.8.12 Treasury Management Refer to Council Shelagh McGregor Referred to Council N/A Annual Report 2011/12 27/09/12 CEX/45 29.8.12 2011/12 Final Accounts Refer to Council Shelagh McGregor Referred to Council N/A Issues 27/09/12 CEX/46 29.8.12 Corporate Financial Refer to Council Shelagh McGregor Referred to Council N/A Monitoring Report 27/09/12 This page is intentionally left blank

Page 24 Item No.8

PART I

South Lakeland District Council CABINET Meeting Date: 19 September 2012 Report Author: Nick Pearson, Streetscene Manager Portfolio: Cllr Clare Feeney-Johnson, Environment and Sustainability Report from: Director – People and Places Wards affected: Kendal Highgate, Kendal Kirkland, Kendal Mintsfeet, Kendal Romney, Kendal Strickland, Kendal Underley, Kendal Far Cross, Kendal Fell, Kendal Castle, Burneside Key Decision: KD12/022/E&S Forward Plan: 1 September 2012 to 31 December 2012 EXPANSION OF DOMESTIC KERBSIDE RECYCLING TO INCLUDE SOME PLASTIC MATERIALS AND CARDBOARD ON A TRIAL BASIS WITHIN AN AREA OF KENDAL 1.0 PURPOSE OF REPORT 1.1 This report is presented to consider and approve the introduction of a pilot scheme to trial the collection of plastic and cardboard from the kerbside as part of the kerbside recycling service at approximately 7,500 households in the Kendal area. 2.0 RECOMMENDATIONS It is recommended that Cabinet:- (1) Approve the introduction of an expansion of the kerbside recycling service to include collections of cardboard and some plastics for an initial trial period of six months within an area of Kendal. The trial period would be from 1 st October 2012 to 31 st March 2013. 3.0 BACKGROUND 3.1 Consultations carried out have shown that there is public support for the expansion of the kerbside recycling service.

Page 25 3.2 The Council has an objective in the 2012-2016 Corporate Plan to increase the percentage of household waste sent for re-use, recycling and composting to 48% by 31 st March 2013. Achieving this target requires an increase in the tonnage of materials diverted from landfill, which could be attained by an increase in the range of recyclable materials collected from the kerbside. This trial will provide evidence to inform future decision-making on the most effective methods of collection, the financial implications of service changes and provide public experience of a possible future collection method. 3.3 The Council currently provides kerbside recycling collections for paper, glass, cans and green waste alongside residual waste collection as the standard service across South Lakeland. It is proposed that a pilot scheme is introduced on a trial basis to add plastic and cardboard to the materials collected from approximately 7,500 households in the following areas of Kendal and Burneside: Kendal Town Centre Kirkbie Green Fellside Windermere Road Aynam Road Waterside Kirkbarrow Romney Road Appleby Road Sandylands Kendal Green Briary Meadows Burneside Road Underley Road Hallgarth Shap Road Burneside 3.3 The trial area is served by one collection round, which will enable daily management of the trial by operational staff. The vehicles operating in the area are suitable for the collection method chosen, and the anticipated level of collections during the trial period. The area also has a variety of housing and land types, providing a wide demographic sample of the potential customer base. 3.4 There would be no change to the collection service for properties not included in the pilot scheme. 3.5 Households in the trial area would receive an information leaflet prior to the change in service with details of the additional materials that would be collected and the method of collection. 3.6 The collection schedule would not change. 3.7 Cardboard and some plastics would be added to the list of materials included as part of the recycling collections. The use of the existing recycling boxes would be supplemented by the use of single-use plastic sacks to provide the additional collection capacity required by householders. Sacks will be delivered when collections are made in the week commencing 1 st October 2012, along with information leaflets. The first collections would take place in the week commencing October 15 th. 3.8 Cardboard would be co-mingled with paper in the existing blue box. Plastic would be collected in the additional sack. A new sack would be left with the recycling boxes after collection. 3.9 At present crews sort the glass and cans at the kerbside from the box into the cages on the vehicle. However for the duration of the trial the materials would remain co-mingled, sorting would take place after disposal.

Page 26 3.10 The pilot scheme would be for an initial six-month period. After three months, sample testing would take place in each of the areas to gather initial responses to the service provision. At the end of the six-month period further research would take place to evaluate the trial, both as an internal operation and as a customer service. 3.11 As part of the trial, data would be collated to assess the tonnages of materials collected, the financial implications arising from the trial, the effect on the use of recycling banks and customer response to the service. 3.12 A further report will be prepared and presented to Cabinet detailing the results and possible further action to be taken. 4.0 RESEARCH AND CONSULTATION 4.1 The 2011 SLDC Priorities Survey showed that over 50% of respondents wanted more money to be allocated to improving the quality of the environment, including recycling. 4.2 The trial would be used to research, evaluate and inform decision-making on future methods of collection and service provision. 4.3 Householders and staff would be consulted during and at the end of the trial and responses used in conjunction with data collected to evaluate the expanded service. 5.0 PROPOSAL 5.1 To approve the expansion of domestic kerbside recycling to include some plastic materials and cardboard on a trial basis within an area of Kendal. 6.0 ALTERNATIVE OPTIONS 6.1 The trial scheme is intended to assess one option available and to inform decision-making for future service delivery. 6.2 The range of alternative options is limited at present due to the range of vehicles already used for collection and budgetary restrictions. The use of bags in the trial enables a low-cost temporary expansion of the materials collected using the existing collection vehicles. Alternative collection containers and collection vehicles can be reviewed following the trial scheme. 6.3 The expansion of the network of plastic and cardboard banks is a possible option that will also be reviewed as part of the evaluation process. 6.4 No change. This is not a preferred option as it would not increase the quantity of materials diverted from landfill and would not inform SLDC of impact or collection costs of collecting additional materials from the kerbside. 7.0 NEXT STEPS 7.1 Staff briefings would take place with the Customer Contact Centre and operational staff to explain the service changes and address operational issues arising. 7.2 Information leaflets and collection sacks would be delivered to those households invited to participate in the trial.

Page 27 7.3 A communications programme would take place to inform residents within the trial area of the change, and also to inform other residents and stakeholders of the actions being taken. 7.4 The revised service to those areas selected would commence from 1 st October 2012. 7.5 Discussions with staff would be on-going to address operational issues as the trial progresses. 7.6 After three months, doorstep research would take place to invite initial comments on the service from householders randomly selected in areas taking part in the trial. 7.7 The trial would be scheduled to end on 31 st March 2013. However some collections may be required in April if householders have continued to present materials in the trial containers. 7.8 After five months, householders would be invited to complete survey forms so that further evaluation of the trial can take place. Assessments would be made of any increased costs identified for the expanded service and income received. There would be a full assessment of the information gathered during the trial period. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 The trial would be delivered utilising existing staff and vehicles. However there would be a requirement to purchase plastic bags for the collection of materials for the duration of the trial and to provide information leaflets to householders. 8.1.2 We have used information available to make best estimates of the possible impacts on income and expenditure. 8.1.3 Additional costs for gate fees and materials handling are expected, along with anticipated financial benefits from the sale of materials and possible increased recycling rates, which may attract an enhanced recycling credit. 8.1.4 The cost of providing 100,000 plastic sacks for the trial period is £5,000.00, which would be met from existing Streetcare Equipment budgets. 8.1.5 The cost of producing leaflets for householders is £350.00, which would be met from existing Streetcare Advertising budgets. 8.1.6 The anticipated additional weight of materials collected is expected to lead to an increase in the overall cost of disposal due to gate fees being charged on weight. Using best estimates for the weight of materials collected, it is estimated that there will be an additional £585 disposal cost. This would be met from existing Streetcare Tipping and Disposal budgets. 8.1.7 There would be implications for the value of recyclables achieved by the Council. Cumbria Waste Recycling have been identified as a contractor to accept all the recyclable materials collected from the trial area. They have provided an estimated value for the materials to be collected in the trial, from which it is estimated that the additional income over and above that achieved for the existing collection of recyclables, will adequately offset the additional costs of running the trial.

Page 28 8.1.8 It is acknowledged that a proportion of the plastic and cardboard that could be collected will already be entering the recycling system via the bring banks already in place. We therefore estimate that the net increased tonnage that may be collected is likely to be around 35 tonnes; and that the diversion of this waste from landfill is likely to increase the SLDC recycling rate estimated for 2012/13 by 0.05%. 8.1.10 It is estimated that the trial will not result in an increase in net cost to the Council. The evaluation of the trial will include a full assessment of costs to enable future planning of kerbside collections. In summary it is anticipated that any additional income derived from the sale of materials will cover the increased cost of collection and handling of the materials. 8.2 Human Resources 8.2.1 The trial scheme would not require additional human resources or any change to job description. 8.3 Legal 8.3.1 There are no legal implications arising out of this report. 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? Yes. 8.4.2 This proposal is considered to have a positive impact on sustainability. 9.0 RISK ASSESSMENT Risk Consequence Controls required Budgetary risks to The possible cost of Budget management by the approving a trial collection exceeding any Streetscene Manager. expansion scheme. income generated. Reputational risks to Public perception that the Clear communications at the approving a trial trial will continue after 31 st start and end of the trial. expansion scheme March 2012. Feedback on the results of the Public perception that the trial to participating trial ends and has been a householders and the wider failure. community of South Lakeland. Not approving a trial Not being able to gather Introduce a trial scheme and expansion scheme. customer feedback and assess the financial and assess collection methods. service implications before Possible customer dis- making any decisions on satisfaction at not changes to future service responding to requests to delivery. expand the service.

10.0 EQUALITY AND DIVERSITY 10.1 An equality and diversity impact assessment has been carried out. The trial will enable a further and more detailed impact assessment to be carried out as part of the overall assessment of future service provision.

Page 29 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 Contributes towards the corporate objective of a sustainable council providing services that are value for money. 11.2 Increase percentage of household waste sent for re-use, recycling and composting to 48% by 31/03/13. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 To approve the proposed expansion of domestic kerbside recycling to include some plastic materials and cardboard on a trial basis within an area of Kendal. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1

CONTACT OFFICERS Nick Pearson, Streetscene Manager 07974 961920 or [email protected] BACKGROUND DOCUMENTS AVAILABLE Community Services Service Plan 2012-13

TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 17/08/12 17/08/12 17/08/12 23/08/12 N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 19/09/12 N/A N/A 17/08/12 17/08/12 Human Resource Services Manager 17/08/12

Page 30 Item No.9

PART I

South Lakeland District Council CABINET Meeting Date: 19 September 2012 Report Author: Rob Kitchen, Streetcare Client Officer Portfolio: Cllr Feeney-Johnson, Environment & Sustainability Report from: David Sykes, Director – People and Places Wards affected: All Key Decision: KD12/021/E&S Forward Plan: 01 September to 31 December 2012 EXTENSION OF RECYCLING BRING SITE CONTRACT 1.0 PURPOSE OF REPORT 1.1 This report is presented to Cabinet to consider the extension of the Recycling Bring Site Contract for one year from 6 November 2012 to 5 November 2013 and to approve the incorporation of a 1 year trial for textile collection from schools within the district within the existing contract arrangements. 2.0 RECOMMENDATIONS It is recommended that Cabinet approve:- (1) The extension of the Recycling Bring Site Contract to Cumbria Waste Recycling for a period of 1 year from 6 November 2012 to 5 November 2013; and (2) That approval is given to incorporate a 1 year trial for Cumbria Waste Recycling to collect textiles from schools within the district from 6 November 2012 to 5 November 2013 within the existing contract arrangements. 3.0 BACKGROUND 3.1 The current contract was let in November 2010 for a term of 2 years with a possible extension of 1 year based on satisfactory performance by the Contractor. Cumbria Waste Recycling has operated as the Council’s contractor and has provided a quality service at a reduced cost to the Authority. Complaints via the Contact Centre have reduced considerably, resulting in no formal complaints being received since the contract started. Furthermore, approximately 4,170.86 tonnes of recyclable materials (cardboard, plastic, paper, glass and cans) have been collected from the bring sites in the district

Page 31 since November 2010, 786.88 tonnes of this being plastic which is currently not collected from the kerbside. 3.2 The Council has an objective in the 2012 - 2016 Corporate Plan to increase the percentage of household waste sent for reuse, recycling and composting to 48% by 31 March 2013. By extending the contract with Cumbria Waste Recycling for a further 12 months it will allow the Council to continue collecting materials for recycling from bring sites across the district, providing a complimentary service to the existing doorstep collection of paper, glass and cans, and to include other materials not available from the doorstep district wide, such as plastic and cardboard. This will ensure service delivery is maintained to achieve this objective. 3.3 It is requested that the contract is extended from 6 November 2012 to 5 November 2013 on the same terms and conditions that currently exist, however, it is requested that the Council ask Cumbria Waste Recycling to conduct a 1 year trial of collecting textiles from schools within the district, who want to take part in the trial, from the 6 November 2012 to 5 November 2013. This will enable a member of the public to take their textiles to a school and the school will then receive an income for each tonne of textiles collected by Cumbria Waste Recycling. As more schools participate the collection costs will reduce and Cumbria Waste Recycling will increase the payment paid to each school. The authority will not be charged a collection cost by the contractor to collect the textiles from the schools, however, for each tonne of textiles which are collected and diverted from going to landfill an additional recycling credit payment may be made by Cumbria County Council to South Lakeland District Council. 4.0 RESEARCH AND CONSULTATION 4.1 The letting of this contract has been subject to a full EU Procurement Process which is required in line with current legislation and the Councils Constitution. 5.0 PROPOSAL 5.1 It is recommended that Cabinet approve the extension of the Recycling Bring Site Contract for 1 year. 6.0 ALTERNATIVE OPTIONS 6.1 Discontinue the operation of recycling bring sites within the district – this is not a preferred option as this would significantly impact on the Authorities recycling rate and lead to public dissatisfaction. 6.2 The service could be retendered, however, this does not seem necessary as the current Contractor’s performance since November 2010 has been very effective and efficient and information from the proposed 6 month trial of additional recyclates being collected from the kerbside needs to be fully evaluated prior to further consideration for future service delivery. 7.0 NEXT STEPS 7.1 Following approval by Cabinet to extend the contract for 1 year and to conduct the 1 year trial for the collection of textile from schools, Cumbria Waste Recycling will be notified of this.

Page 32 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 The 2012/13 revenue budget for the Recycling Bring Site Contract with Cumbria Waste Recycling is £154.9k. The budget for the income received in recycling rewards relating to the Recycling Bring Sites is £108.6k. The contract has allowed for yearly increases and these are included in the 2013/14 MTFP. 8.1.2 The contractor will collect the textiles from the schools and will meet its costs from the sale of the textiles collected. The schools will receive a minimum income of £150 per tonne collected which will be paid to them by Cumbria Waste Recycling. It is not possible to estimate any extra income the Council will receive in recycling rewards relating to the textiles collected as this will depend on the tonnage collected and the amount of the credits being received for the other recycling contracts. 8.1.3 Following the 12 month extension the contract will be re-considered taking into account the kerbside recycling collections and the outcome of the 12 month trial of the collection of textiles from schools. 8.2 Human Resources 8.2.1 There are no staffing implications for the Authority. 8.3 Legal 8.3.1 A contract was issued to Cumbria Waste Recycling for 2 years, with a commencement date of 5 November 2010 with a possible extension period. The Council has the sole discretion to extend the contract for up to one year. 8.3.2 The one year trial of the textile banks is not considered a significant change to the contract. Following the trial, if it is decided to continue with the textile banks then this will be tendered with the rest of the service. 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? Yes 8.4.2 This proposal is considered to have a positive impact on sustainability. 9.0 RISK ASSESSMENT Risk Consequence Controls required An extension is not given Bank will not get emptied Approve the extension of for servicing the recycling and SLDC will have to the contract. bring banks. discontinue with existing service provision. 10.0 EQUALITY AND DIVERSITY 10.1 The contractor has carried out an equality and diversity impact assessment since the commencement of the contract.

Page 33 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 This issue links to the Corporate objectives of making South Lakeland the best place to live, work and visit. • Increase % of household waste sent for re-use, recycling and composting to 48% by 31/03/13. • Delivering services which are value for money. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Subject to approval of the extension of the Recycling Bring Site Contract for 1 year from 6 November 2012 to 5 November 2013, residents will have continued access to recycling facilities and contribute to the achievement of the recycling target. Extension of the contract will enable the findings from the proposed trial of kerbside collection of additional recyclates to be evaluated and inform future service design and delivery. Approval to include the textiles trial will enable schools to participate in improving the recycling rate whilst generating income for their school. CONTACT OFFICER Rob Kitchen, Steetcare Client Officer Ext: 7291 or [email protected] BACKGROUND DOCUMENTS AVAILABLE • The Recycling Bring Site Contract • Cabinet report 22 September 2010 – “Recycling Bring Site Contract 2010-2013”. TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 17/08/12 20/08/12 20/08/12 22/0812 N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 19/09/12 N/A N/A 20/08/12 20/08/12 Human Resource Services Manager 20/08/12

Page 34 Item No.10

PART I

South Lakeland District Council CABINET Date of Proposed Decision: 19th September 2012 Report Author: Tony Naylor, Parks and Leisure Client Officer Portfolio: Cllr Clare Feeney-Johnson – Environment and Sustainability Decision Maker: David Sykes, Director, People and Places Wards affected: All Key Decision: KD12/015/E&S Forward Plan: 1st September to 31 st December 2012 Award of Tender for Arboricultural Framework Agreement 1.0 PURPOSE OF REPORT 1.1 This report is presented to provide information about the recently tendered Arboricultural Framework Agreement and to request that the tender be awarded to the two suppliers identified in the Part II Appendix I report. 2.0 RECOMMENDATION It is recommended that the tender be awarded to the two suppliers identified in the Part II Appendix I report. 3.0 BACKGROUND 3.1 The Council has for a number of years engaged the services of two local contractors, Ambleside Tree Services Ltd and South Lakes Tree Surgeons to carry out tree works identified by the Client Officers. 3.2 As a result of the Service Reviews earlier this year, this aspect of service delivery was identified as requiring tendering to ensure value for money in service delivery and ensuring work is carried out in accordance with The Councils Contract Procedure Rules. 3.3 The procurement of a Framework Agreement was considered the best way to tender the tree pruning works and keep the cost of the works within existing budgets as this type of contract allows client officers flexibility in budget control and work prioritisation. 3.4 The Framework Agreement will run for three years, 2013-2016.

Page 35 3.5 South Lakes Housing have confirmed that they are willing to work with the appointed contractors to deliver their tree pruning and associated works alongside South Lakeland District Council. 4.0 RESEARCH AND CONSULTATION 4.1 Invitations for expressions of interest have been advertised on the Chest procurement system and 21 Companies showed an interest in the proposed tender for arboricultural works. 4.2 As a result of analysing the pre-qualification questionnaires (PQQ) that each company submitted, nine Companies were invited to tender for the Arboricultural Works Framework. 5.0 PROPOSAL 5.1 It is proposed to award the Arboricultural Works Framework Agreement to the two highest scoring suppliers as identified in the Part II Appendix 1 to this report. Please note in accordance with Section 100B(2) of the Local Government Act 1972, copies of this appendix are excluded from inspection by members of the public as it contains information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows – namely information relating to the financial or business affairs of any particular person (including the authority holding that information). 5.2 The evaluation criteria placed a weighting of 60% on price and 40% on quality. 5.3 Two contractors are considered to be sufficient in delivering the required works in order to ensure a cost effective and manageable service. 6.0 ALTERNATIVE OPTIONS 6.1 The alternative options are not to award the tendered contract to the two Companies identified in the Part II appendix 1 to this report. 7.0 CONSULTATION ARRANGEMENTS 7.1 No objections have been received 8.0 NEXT STEPS 8.1 The Procurement Manager will arrange for the letter of intentions to go to all tenderers detailing the preferred contractors who Cabinet have decided to award this contract to. 8.2 Legal services will also be requested to draw up the relevant contracts for the framework. 9.0 IMPLICATIONS 9.1 Financial and Resources 9.1.1 The Framework Agreement allows work to be instructed on a job by job basis and the client has full financial control over the contract payments. The appointment of two contractors within the Framework agreement allows competitive quotes to be obtained for every individual job and costs can be kept within budget. 9.1.2 The arboricultural budget for 2012/13 is £54,373 plus £7,000 for works on Housing areas retained by SLDC.

Page 36 9.2 Human Resources 9.2.1 There are no Human resource issues or TUPE implications as a result of awarding this contract. 9.3 Legal 9.3.1 Legal services will draft service contracts to each individual Company. 9.4 Social, Economic and Environmental Impact 9.4.1 Has a sustainability impact assessment been carried out? No since each individual work request will be assessed at the time of request as to sustainability and for its environmental impact. 9.4.2 This proposal is considered to have a positive impact on sustainability as the service will be managed and provided locally. 10.0 RISK ASSESSMENT Risk Consequence Controls required Appointed contractors Prices fixed when work Monitoring of site works work together. requests are quoted for Number of staff employed on site matches number of teams in quote 11.0 EQUALITY AND DIVERSITY 11.1 None 12.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 12.1 Increase the efficiency and effectiveness of services to deliver within budgets

13.0 CONCLUSION AND EXPECTED OUTCOMES 13.1 The competitive tender process has established that the Suppliers identified in the Part II Report Appendix 1 as the most suitable contractor for the work and should be awarded the contract on this basis. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Part II Appendix -Award of Tender for Arboricultural Framework Contract –details of tender evaluation

CONTACT OFFICERS Tony Naylor, Parks and Leisure Client Officer – [email protected] Simon Rowley, Assistant Director Neighbourhood Services – [email protected] Eilidh Lee, Procurement Manager – [email protected] BACKGROUND DOCUMENTS AVAILABLE None

Page 37 TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 13/08/2012 6/09/2012 22/08/2012 6/9/12 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 22/08/2012 22/08/2012 Human Resource Services Manager

Page 38 Item No.11

PART I

South Lakeland District Council Cabinet/Council Meeting Date: Cabinet: 19 September 2012 Council: 27 September 2012 Report Author: Lucy Reynolds, Senior Housing Strategy Officer Portfolio: Cllr Jonathan Brook, Housing and Development Report from: David Sykes, Director of People and Places Wards affected: All Key Decision: KD12/019/H&D

Forward Plan: 1 June 2012 to 30 September 2012 Cumbria Choice Allocations Policy – proposed revisions 1.0 PURPOSE OF REPORT 1.1 This report is presented to seek approval for proposed revisions to the allocation policy of the Cumbria Choice Allocations Policy (Choice Based Lettings scheme) originally adopted by South Lakeland District Council as its Housing Allocation Scheme in August 2010. 2.0 RECOMMENDATIONS It is recommended that Cabinet :- (1) Recommends that Full Council approves the revisions to the Cumbria Choice Allocations Policy and the South Lakeland Local Lettings Policy. It is recommended that Full Council: (1) Approves the revisions to the Cumbria Choice Allocations Policy and the South Lakeland Local Lettings Policy and that the revised Policies are implemented once all the other Partnership partners have agreed to the revised Cumbria Choice Allocations Policy. (2) Gives delegated approval to the Assistant Director of Strategic Planning to approve any minor amendments needed as a result of the public consultation exercise. Any significant changes required will be reported back to Members.

Page 39 3.0 BACKGROUND 3.1 All local housing authorities are required to have an allocation scheme for determining priorities and procedures for the allocation of social housing in the authority area. South Lakeland is part of the Cumbria Choice partnership, comprising the 6 housing authorities in Cumbria and 8 housing associations, which began letting homes in accordance with the Cumbria Choice Allocation Policy in May 2011. Since the introduction of the Policy 176 homes have been allocated within the South Lakeland area. 3.2 The partnership has conducted a review of the existing policy for several reasons: i. To make clarifications to the Policy which have been identified as necessary since the new policy became operational in May 2011. ii. To consider the Policy in relation to the Localism Act 2011 which provided authorities with new opportunities in relation to housing allocations in particular greater ability to manage waiting lists by not registering those who are in low housing need and have little prospect of being allocated accommodation. iii. To make changes where necessary in order to respond to aspects of national welfare reform, in particular changes to housing benefit. 4.0 RESEARCH AND CONSULTATION 4.1 The Cumbria Choice partnership has carried out a review which has considered if the Policy has been operating as anticipated. Stated aims of the Policy include: • to provide access to social housing in Cumbria through a system that provided choice and was considered fair, transparent and accountable. • Make best use of available housing stock • Provide a lettings service that is open to all individuals and provided support to more vulnerable customers where required

4.2 The review has: • Considered the views of all the partners • Commissioned an independent consultant to review equality and diversity considerations • Undertaken a consultation with stakeholder organisations working with people with housing need • Considered statistical data about allocations and registrations with Cumbria Choice. A summary of this information is attached to this report as Appendix 5.

4.3 SLDC Overview and Scrutiny Committee (Communities) discussed Choice Based Lettings at a meeting in February 2012 where there was general support for the operation of CBL to date but concern that accessibility to all should continue to be improved including encouragement of registration in rural areas. Theseviews were fed into the partnership review. Similarly the Portfolio Holder’s Housing Advisory Group (HAG) considered the CBL Policy at their meeting in July. HAG was supportive of draft proposals to amend the Policy and recognised the challenges of welfare reform which meant that the Policy needed to have the flexibility to accommodate this.

Page 40 4.4 A consultation period on the proposed changes is taking place for 4 weeks up to 19th October 2012. In this period both applicants and stakeholders will be advised of the proposed changes via the Cumbria Choice website and invited to submit any objections or comments. 5.0 PROPOSAL 5.1 As s result of the review process the partnership has concluded that: • in most respects the existing Allocations Policy has fulfilled its aims and has worked equitably to allocate limited numbers of homes while providing applicants more information about what homes are available and what level of housing priority is needed to obtain them. • Cumbria Choice has generally helped with the rehousing of applicants who are statutorily homeless or at risk of homelessness and helped to reduce stays in temporary accommodation. 5.2 The partnership does not propose to make any fundamental changes to the existing Allocation Policy and the Bands which are used to decide priority of applicants. It intends to maintain an open registration system which allows all who are seeking affordable housing in Cumbria to register and uses the priority banding to ensure local people with significant housing need are allocated properties except in the case of the few low demand properties. 5.3 A few small changes are proposed to improve the fairness of the banding system and to respond to issues arising from the welfare reform agenda, particularly future reductions to housing benefit to social housing tenants who are assessed as under-occupying their home for housing benefit purposes. These can be seen in Section 3 of the policy “Addressing Housing Need” and can be summarised as follows: • Band B (High Need for Housing) to be awarded to existing social housing tenants who are under-occupying and suffer financial hardship as a result of housing benefit reductions. Reason – to assist with downsizing to a smaller, more appropriate home. • Band C to be awarded to applicants non-social housing tenants who are suffering housing related financial hardship. Reason – to give greater preference to applicants whose current accommodation is unaffordable. • Band C priority to be removed from applicants who share bathroom / kitchen facilities with other unrelated people. They will now be in Band D/D+. Reason – it was considered unreasonable to prioritise this group over for example children who remain living in the parental home. In addition: • A change is also proposed to rules on the ages at which children are expected to share bedrooms. In the future two children of the same sex are only expected to share a bedroom up to the age of 16 instead of the current 21. • The Policy has been amended to allow individual housing associations more freedom to decide what size of property can be let to different sizes of household. It was considered this flexibility was needed to allow them to respond to the changes in housing benefit regulations while taking into account their differing types of stock.

Page 41 5.4 In addition a number of changes to the wording of the Policy are required to address ambiguities or loopholes which have been found while operating the policy. This will lead to more consistent operation of the Policy across the partnership. 5.6 When Cumbria Choice was created it was recognised that a balance needed to be made between providing applicants with the chance to apply for properties across Cumbria and with providing priority to applicants with close local connections, particularly in rural areas where very few homes become available. For this reason SLDC put in place a Local Lettings Policy which applied to Council houses not already covered by s106 local occupancy restrictions. The review has suggested that this has generally proved effective and proportionate. It is therefore proposed to retain the Local Lettings Policy with a few minor amendments to reflect the transfer of stock to South Lakes Housing as a housing association and to allow for flexibility in relation to the size of property a household should be allowed to occupy. 5.7 Alongside the Cumbria Choice Policy, the partnership also produced an Accessibility Policy which sought to ensure that in a new system which put emphasis on applicants taking the initiative in applying for available homes, more vulnerable people were supported and equality and diversity considerations were monitored. A few issues were raised in the course of review about access to CBL for older people, people in rural areas and complex applications. As part of the review a subgroup examined these issues and have updated the Accessibility Policy and included a good practice check list to seek to ensure that all partners follow best practice in supporting people who may need extra help and making Cumbria Choice accessible to all. The revised Accessibility policy is included as Appendix 3. 6.0 ALTERNATIVE OPTIONS 6.1 Members could chose not to approve the amended policy or request additional changes. This is not recommended as the updates recommended will provide a clearer policy and one which is responding to the provisions of the Localism Act and Welfare Reform. 7.0 NEXT STEPS 7.1 Any comments or objections received from the public consultation exercise will be considered. If any significant amendments are required this will be reported back to Members. 7.2 All other Cumbria Choice partners will also need to approve the Policy. It is expected that the amended Policy would come into operation around February 2013. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 There are no financial implications. 8.2 Human Resources 8.2.1 Not applicable.

Page 42 8.3 Legal 8.3.1 The revised Cumbria Choice Allocation Policy has been produced with full consideration of Local Authority and Housing Association legal responsibilities in relation to the allocation of housing including The Housing Act 1996, Homelessness Act 2002, Equality Act 2010 and Human Rights Act 1998 and the Localism Act 2011. 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 positive impact on sustainability in that it seeks to ensure that the allocation of social housing in South Lakeland is made to those who have the highest housing needs thus supporting improved health. It also supports communities by providing housing choice and transparency in the allocation of homes. 9.0 RISK ASSESSMENT Risk Consequence Controls required The Council does not The allocation policy is Agreement of an updated have an up to date and open to challenge. policy for Cumbria functional housing Choice as outlined in this allocation policy. report. 10.0 EQUALITY AND DIVERSITY 10.1 An Equality and Diversity Impact Assessment has been carried out and is attached as Appendix 5. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 An updated allocation policy contributes to the Corporate Plan objective of ensuring the best use is made of housing stock. Cumbria Choice contributes to the objective of delivering a joined up “housing options” service. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Since its launch in May 2012 Choice Based Lettings in Cumbria has been working effectively and is generally popular with housing applicants as it allows them to see what properties are available. It is important that the Cumbria Choice partnership continues to build upon this. The proposed revisions to the Cumbria Choice policy will add clarity to the existing policy and will make changes that will allow the partnership to respond to welfare reform and make best use of the available housing stock in Cumbria. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Cumbria Choice Allocation Policy (revised July 2012), with amendments to 2010 Policy shown in red. 2 SLDC Local Lettings Policy (revised August 2012) 3 Cumbria Choice Accessibility Policy (revised July 2012) 4 Statistical summary of Cumbria choice 2011-12 5 Equality and Diversity Impact Assessment

Page 43 CONTACT OFFICERS Lucy Reynolds, Senior Housing Strategy Officer Ext 7439 BACKGROUND DOCUMENTS AVAILABLE Allocation of Accommodation: guidance for local housing authorities in England, June 2012. Council report from August 2010

TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 31/8/12 31/8/12 31/8/12 6/9/12 NA Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 19/9/12 NA 27/9/12 NA NA Human Resource Services Manager NA

Page 44 Appendix 1

Allocations Policy – August 2012

CONTENTS

Summary of the Scheme: Page 4

Section 1 Introduction and Background: Page 5 - 11

1.1 Members of the Cumbria Choice Based Letting Partnership 1.2 Policy statement 1.3 Aims of the scheme 1.4 Statement on choice 1.5 The Partnership 1.6 Equality and diversity 1.7 Accessibility 1.8 Monitoring 1.9 Information sharing, confidentiality and data protection

Section 2 The Common Housing Register: Page 12 - 18

2.1 Who can apply 2.2 How to apply 2.3 References 2.4 Police checks/information 2.5 Notification of registration 2.6 Changes in circumstances 2.7 Reviewing the register 2.8 Cancelling applications 2.9 Giving false information 2.10 Deliberate worsening of circumstances

1 Page 45

Section 3 Assessing Housing Need: Page 19 - 28

3.1 Priority for housing 3.2 Waiting time – The ‘Effective’ Date 3.3 Management discretion 3.4 Homeless households 3.5 Households with a disability 3.6 Serious offenders 3.7 Exempt allocations

Section 4 Reasonable Preference Categories, Community Contribution and Reduced Preference: Page 29 - 43

4.1 Part VII – People who are Homeless 4.2 Households owed a Homeless Duty 4.3 People in unsanitary, overcrowded or unsatisfactory housing 4.4 Households with a Medical, Welfare, (including Disability) housing need. 4.5 Households needing to move on Hardship grounds 4.6 Economic and community contribution 4.7 Cumulative preference 4.8 Reduced preference

Section 5 How the Scheme Operates: Page 44 - 49

5.1 Advertising properties 5.2 Extra care properties 5.3 Sheltered housing 5.4 Quota system 5.5 Re-advertised properties 5.6 The ‘Bidding’ process 5.7 Proxy bids 5.8 Shortlisting 5.9 Local connection 5.10 Section 106s 5.11 The offer 5.12 Refusing and non replies to offers 5.13 Local lettings

2 Page 46 5.14 Feedback on lettings

Section 6 The Review Process: Page 50 - 51

6.1 The Review process

Section 7 Appendices: Page 52 - 59

7.1 Appendix 1 – Definition of terms 7.2 Appendix 2 - Contact details for all partner organisations 7.3 Appendix 3 - Eligibility policy 7.4 Appendix 4 - Household type and property size

3 Page 47 Summary of the Scheme

Cumbria Choice is a sub regional scheme for letting most of the social rented property in Cumbria. It is a partnership between the 6 Local Districts and 8 social housing providers.

It is managed through a web based computer system.

To be part of the scheme customers need to apply to the Common Housing Register. There is only one application form and customers will be placed on the register if they meet the eligibility criteria.

Priority for housing is awarded through a ‘Banding’ system that places people in one of five Bands according to their housing needs.

The majority of properties are advertised and customers are able to exercise choice by registering an interest in the property.

Customers are only able to express an interest in properties that meet their requirements. For example adapted property and some ground floor accommodation will be for customers with medical needs and/or for older persons.

At the end of the advertising period a shortlist is compiled, taking into account: the Band of the customer, the ‘effective’ date of the application, and any local connection.

Usual practice is that customers at the top of the shortlist are offered the property.

In certain situations exceptions to the policy will apply and these are detailed in the policy. These exceptions, which include ‘management discretion’ or ‘local lettings policies’ allow the individual partners to respond appropriately to certain individual housing need and to effectively manage their housing stock. All exceptions to the general policy will be recorded and monitored.

4 Page 48 Section 1 Introduction and Background

1.1 Members of the Cumbria Choice Based Letting Partnership

The following are members of the Cumbria Choice based letting partnership, called ‘The Cumbria Partnership’:

Allerdale Borough Council Barrow Borough Council Carlisle City Council Copeland Borough Council Eden District Council South Lakeland District Council

The six Councils have adopted this common Allocation Policy so that customers within the districts covered by the six Councils are assessed on the same basis and have the same access to apply for any social housing vacancies across that whole district.

The scheme applies not only to properties in the Councils’ own housing stock (i.e. those owned by any of the Councils if applicable) but also to all those properties to which any of the Councils have rights of nomination (whether by way of a legally enforceable arrangement or not) of the tenant. Properties to which the Councils have rights of nomination of the tenant include properties owned by the following Social Housing Providers:

Accent Housing Derwent & Solway Housing Eden Housing Home Group including Copeland Homes Impact Housing Riverside Housing South Lakes Housing Two Castles Housing

The participating Social Housing Providers listed above are obliged to advertise vacant properties in accordance with this policy. In addition all of the Social Housing providers listed above have adopted the Council’s allocation policy so that there is a common allocation policy ensuring that applicants within the Sub Region who apply to the Council or a participating Social Housing Provider are assessed on the same basis and have access to apply for any vacancies either within their district and to a percentage across the Sub Region.

The scheme formally applies to all properties to which Allerdale Borough Council, Barrow Borough Council, Carlisle City Council, Copeland Borough Council, Eden District Council and South Lakeland District Council have rights of nomination (whether by way of a legally enforceable arrangement or not) of

5 Page 49 the tenant. Properties to which the Council have rights of nomination of the tenant include properties owned by Accent Housing, Derwent & Solway Housing, Eden Housing, Home Group including Copeland Homes, Impact Housing, Riverside and Two Castles Housing. The participating Social Housing Providers are obliged to advertise vacant properties in accordance with this policy. Separately, participating partner Social Housing Providers to the Cumbria scheme have voluntarily agreed to allocate the majority of their properties that are not subject to a formal nominations agreement under the joint policy agreed by the six Local Authorities.

To improve the service to customers and to avoid duplication a customer can apply to any of the participating housing organisations listed above. Where this organisation is not a Local Authority that organisation will be assessing the applicant under the Allocation Policy of the relevant Local Authority for that area and on behalf of that Local Authority. This will remove the need for a customer to be redirected back to the Council to register under the Council’s allocation scheme directly.

Any significant changes to this policy will need to be approved by the full Council for each participating Local Authority. The relevant decision-making bodies of the Social Housing Providers, namely the Board, will also need to consider and endorse any changes that the Local Authorities wish to make to the policy. Any changes will also be subject to consultation with relevant statutory and voluntary sector organisations and tenant representatives.

Contact details for all partners are listed in Appendix 2.

In developing this policy the partnership has referred to the following guidance and housing legislation:

• The Housing Act 1996 and the Homelessness Act 2002 • Office of the Deputy Prime Minister: Allocation of Accommodation - Code of Guidance For Local Housing Authorities. November 2002 • Department for Communities and Local Government: Allocation of Accommodation: Choice Based Lettings - Code of Guidance for Local Authorities 2008 • Department for Communities and Local Government: Fair and Flexible statutory guidance on social housing allocations for local authorities in England December 2009 • Department of Health: Housing Learning and Improvement Network – The impact of Choice Based Lettings on the access of vulnerable adults to social housing 2009 • Department for Communities and Local Government Circular 04/2009: Housing allocations – members of the armed forces • Audit Commission: Housing Inspectorate Key Lines of Enquiry – Allocations and Lettings • Homelessness Code of Guidance for Local Authorities 2006.

6 Page 50 Equality legislation and guidance

The partnership will ensure that its policy complies with the current equality legislation and with the relevant statutory codes and guidance.

The operation of the policy has been subject to an Equality Audit and this will be regularly reviewed.

1.2 Policy Statement

Cumbria Choice is the main route into social housing for the majority of people seeking such housing in Cumbria. This policy will aim to treat those applying to the scheme fairly; will be inclusive of all groups and the procedure will be transparent.

Cumbria Choice will provide greater choice for applicants but the demand for housing will continue to be greater than the supply. However through good quality feedback to customers the scheme will enable people to be clear about their prospects of being offered accommodation.

For people unlikely to be offered accommodation through the scheme there will be advice about alternative housing options. There will be information on the website and in written material on options such as; mutual exchanges, the private rented sector, low cost home ownership and shared ownership properties.

The partnership intends the allocation policy to have a positive effect on local communities by increasing tenant satisfaction with their housing, and by contributing to the development of stable communities. The partnership aims to provide a high quality service to its customers and intends to work together to continue to develop the scheme to find joint solutions to housing problems, including those of homelessness.

The partnership acknowledges that some customers applying to the scheme will not be eligible to register for housing due to previous unacceptable behaviour, such as anti-social behaviour. The policy aims to be open and transparent as to the reasons for exclusions and gives advice on the possible actions a customer can take to subsequently gain acceptance onto the register.

Partners are committed to developing a common lettings approach that is easily understood by customers. However, the partnership recognises the need for different approaches to apply in different areas which meet the particular needs of these areas and the needs and objectives of different organisations. Local lettings policies and approaches are therefore accommodated within the policy. Where a specific policy or process applies it will be covered by a written document and made available by the organisation operating the policy/process.

7 Page 51

Additionally, each individual provider will have its own approach to tackling welfare reform. For example, different approaches will be taken for dealing with under-occupation. These approaches will be published in parallel with, but separate from, this allocation policy.

1.3 Aims of the Scheme

In developing this policy the Partnership has agreed the following aims:

To reduce the use of temporary accommodation for homeless applicants and to assist with prevention by making customers aware of their potential housing choices and the alternative options available to them eg. private sector, low cost home ownership.

To increase the availability of move-on accommodation to prevent ‘blockages’ in supported housing schemes.

To ensure a lettings service that embraces equality and diversity by being open and fully accessible to all individuals and to provide support to more vulnerable customers where required.

To improve the means by which local people in Cumbria gain access to social rented housing by providing a modern and easy to understand allocation system which allows choice and is fair, transparent and accountable.

To encourage residents to access employment and to recognise residents who make a contribution to a local community.

To make the best use of the housing stock within the scheme.

To increase mobility by making available 10% of all properties to customers across Cumbria. To increase opportunities for tenant mobility between Cumbria and other areas of the country.

To attract new customers to areas of low demand and reduce void times on ‘hard to let’ properties.

1.4 Statement on Choice

The key underlying principle of the scheme is to give choice to customers who are looking to obtain housing in the social rented sector.

To ensure customers have choice the partnership will advertise the majority of its properties on a weekly basis through this scheme; property adverts will appear on its website and in newsletters available in the offices of all partner

8 Page 52 organisations and other appropriate sites to assist the public to access the scheme.

The Partnership will endeavour to ensure that property adverts are easy to read and will include information about the local area to allow customers to make the best informed choice about housing that is suitable for their needs.

It is the Cumbria Choice policy that wherever possible customers wanting social housing should be able to choose the property for which they wish to be considered. There will be some instances, in exceptional circumstances where the only way to resolve a person’s housing situation is through the use of management discretion e.g. homeless households to whom there is a statutory duty to house; households at risk of violence. (See section 3.3: Management Discretion). In certain circumstances choice may be limited.

1.5 The Partnership

Cumbria Choice is managed by the Sub Regional Project Board which is governed by a ‘partnership agreement’. Its members consist of one senior officer representative from each organisation within the partnership and two tenant representatives. Each organisation has one vote within the partnership. Tenant representation has one vote within the partnership.

The Project Board will meet at least six times a year to oversee the running of the scheme and to monitor its compliance with local and national policy and guidance. The partnership will continue to monitor, fund, develop and make policy decisions about the scheme as appropriate.

1.6 Equality and Diversity

Cumbria Choice is committed to ensuring that its policy and procedures in the letting of property is non-discriminatory. This includes promoting equality of access to the service.

The Partnership is committed to assisting all customers to access the service, taking account of vulnerability or other specific needs, and also the needs of different ethnic groups.

To identify the needs of our customers the application form will have specific questions relating to vulnerability, ethnic origin, sexual orientation, disabilities etc. This information will be used to monitor the impact of the policy on minority and specific needs groups and to make such amendments as may be required to ensure no group is disadvantaged by the policy.

9 Page 53 1.7 Accessibility

The partnership recognises that a choice based letting scheme requires active participation by the customer which some may find difficult.

Local support groups and voluntary and statutory agencies have been involved in the development of this scheme to ensure that it is as accessible as possible to all groups within the community. The partnership will continue to work with these agencies to improve accessibility to the scheme.

Those needing support, advice or assistance will be identified through information given on the application form and also by staff, other professional and voluntary groups, and also the computer system which can be used to monitor whether some customers are not ‘bidding’ or are making inappropriate ‘bids’ (expressions of interest).

The Partnership will continue to try to ensure that the system is as accessible as possible to any applicant who wants to use it. Easy to read guides explaining how the scheme works will be sent to all customers when they request an application form and once they are registered. All forms and guides will be available on request in other formats and languages.

The Partnership will continue to widely publicise the scheme and will ensure that newsletters advertising the properties are widely distributed.

The Partnership has ensured that its own staff are fully trained and able to offer advice and assistance to individual customers through; front line staff, floating support workers, hostel staff and sheltered housing wardens.

Through ongoing liaison with a range of statutory and voluntary agencies, the partnership aims to ensure that high quality support is available to customers.

The ICT system will be used to monitor customer bidding patterns and will be used to identify those who are having difficulty using the system. In addition the outcomes for customers identified as having specific needs or coming from minority groups will be monitored to ensure they are as successful in gaining housing as other customers.

In exceptional circumstances ‘automatic bidding’ (see Appendix 1 definition of terms) will be available – this is not a preferred option as it reduces customer choice.

An Accessibility Policy accompanies the Cumbria Choice Scheme.

1.8 Monitoring

The partnership will continue to monitor the policy to ensure that its aims are being met.

10 Page 54 Monitoring will be used to ensure that:

• Those in the ‘reasonable preference’ categories are given priority for housing (see sections 3 and 4) • Lettings are broadly proportionate to the profile of local communities • Lettings within ‘the Bands’ accords with the stated aims of the policy (see section 3) • Customers in special needs groups are successfully accessing housing. • There is overall customer satisfaction with the scheme.

1.9 Information sharing, confidentiality and data protection

Information received by a partner organisation in relation to a customers registration form will be treated in confidence in accordance with the Data Protection Act 1998.

Confidential Information held about customers will not be disclosed to third parties apart from: • Where the individual has consented to the disclosure • Where a partner organisation is required by law to make such a disclosure. • Where disclosure is made in accordance with a recognised Information Sharing Protocol or for reasons of public protection.

Partner organisations will continue to develop Information Sharing Protocols within their own areas and where possible across Cumbria to enable consistency and good working practices between the partnership and other voluntary and statutory agencies.

Local Authorities have a duty under the freedom of Information Act with which they will comply. This duty does not apply to registered social housing providers.

11 Page 55

Section 2 The Common Housing Register

The Partnership has agreed to operate one common housing register within the scheme. This is a single register for both new customers applying for property and existing tenants wanting a transfer. The single register enables customers applying to the scheme to access housing owned by each member of the Partnership by completing just one application form.

When shortlisting for properties priority will usually be given to customers with a local connection to the Local Authority area. However, there is a commitment to make 10% of vacancies available across the Sub Region without the requirement for a local connection to the Local Authority area in which the property is advertised. (see section 5.9 for definition of local connection)

2.1 Who can Apply

1. Anyone over 16 years – UNLESS: i. They are a person from abroad and have been classed by the Secretary of State for Communities and Local Government as ineligible for housing. ii. They or a member of their household is guilty of unacceptable behaviour serious enough to make them an unsuitable tenant.

2. Open Register: Cumbria Choice operates an open register and will accept all people regardless of their housing need or whether they are from outside Cumbria, subject to them meeting the eligibility criteria.

3. Joint Applicants: joint applications will be accepted and will be treated as one application. An applicant can only have one active application as a main applicant on the register . The housing need of the full household will be considered in assessing housing need. This Allocations Policy supports adult customers wishing to sign as joint tenants should they choose to do so.

12 Page 56 In relation to social housing providers the individual housing provider will decide whether to allow a joint tenancy depending on the circumstances of the case.

4. Employees or their relatives: those working for, or elected to the Governing Body of a partner organisation, or, those related to such a person will be eligible to apply. Any offer of accommodation will be subject to the approval of the Governing Body of the organisation offering the property.

5. Owner Occupiers (and those with the financial means to purchase property):

• These customers can register with the scheme and will be assessed and placed in the appropriate ‘Banding’ subject to an assessment of their financial means and ability to purchase suitable accommodation. The decision will be based on a case by case basis based on housing need and the local housing market. If assessed as able to purchase suitable accommodation they will be given reduced preference.

6. 16/17 year olds: young people aged 16/17 years will be able to apply for accommodation by completing a registration form. However a Social Landlord will not normally grant a tenancy to anyone under the age of 18 years without evidence of an appropriate support package being in place. The following are examples of when a person under 18 years will be considered for accommodation: • They are accepted as requiring move-on accommodation following a successful period in a recognised supported housing scheme and have a move-on support package. • They are a homeless young person to whom a duty is owed under Part VII, Housing Act 1996 and a full housing and child in need assessment has been made by Children’s Services. • They are referred by Children’s Services following a housing and child in need assessment with a recommendation for housing having been made. This includes children leaving care.

7. Tenants of social housing organisations

• Secure and assured tenants may apply to the Register at any time and will have their priority assessed in the same way as other customers. • Tenants with probationary or starter tenancies will be given reduced preference until the completion of the 12 months probationary period and a secure or assured tenancy has been granted. However this may not be applied if there is an urgent need for re-housing.

13 Page 57 • Tenants transferring within the Scheme will need to have a clear rent account and a satisfactory property report. However this may not necessarily be required if there is an urgent need for re- housing.

8. Persons from Abroad

• Housing authorities are required by law to establish if a person is eligible for housing or whether they are excluded from an allocation under the Asylum and Immigration Act 2002. • Where a person’s eligibility for housing is unclear investigations will be undertaken to establish the person’s entitlement for housing.

9. Prisoners: prisoners can register in the 6 month period prior to their date of release. They are able to express an interest in a property in the 2 week period prior to release but must be able to accept the tenancy on the date required by the housing provider.

Partner organisations will refer to the Cumbria Joint Protocol for Housing Offenders for guidance.

10. Serious unacceptable behaviour

• Cumbria Choice expects customers registering for housing to be able to meet the standards of behaviour required of them by the tenancy agreements of partner organisations. Where customers current behaviour indicates that they would be unsuitable to be a tenant they will not be eligible to register with the scheme. • Part 6 of the Housing Act 1996 as amended by the Homelessness Act 2002 (Section 160A (7)) allows the Local Authority to treat a person as ineligible where they or a member of their household has been guilty of behaviour serious enough to make him/her unsuitable to be a tenant and at the time of the application the customer is still unsuitable to be a tenant. • Unacceptable behaviour includes but is not limited to: o Anti-social behaviour o Racial harassment and other hate related crimes o Criminal Behaviour o Violence o Violence or threats of violence to staff or the agents of partner organisations in the Cumbria Choice scheme o Serious rent arrears • The decision on whether a customer is deemed to be ineligible will be made on a case by case basis. • Where a customer is deemed to be ineligible to join the register they will be given the reasons for that decision and will have the right to request a review of that decision (Section 6).

14 Page 58 • Ineligible applications will remain so for a period of 12-months following the date of the decision and customers will need to reapply for housing after this time. The only exception to this is where a previous arrear has been fully cleared. Applicants can re-apply as soon as debts are repaid.

The full policy on the Eligibility criteria is listed in Appendix 3.

11. Households with access to children/joint custody • Children will only be considered at their main place of residence. • Customers wishing to include children in their application must be able to provide formal evidence that each child will live with the customer, for example through child benefit entitlement, residency order or custody agreement.

2.2 How to Apply

To join the Cumbria Choice Register customers need to complete an application form. The form can be obtained from the offices of any partner organisation or completed on line via the website.

The application form will be available in other formats and languages on request.

Customers will be required to sign a declaration to:

• Confirm that the information given is correct and that they will notify Cumbria Choice of any change in their circumstances. • Give consent to allow enquiries to be made concerning their eligibility for housing and level of priority. • Give consent to allow information to be provided to another partner organisation in the scheme.

Assistance is available for any customer who has difficulty in completing the form from any of the partner organisations

2.3 References

Existing or previous tenants will be asked to provide a reference from their current or previous landlord. This information will be used to decide whether the customer is eligible to be accepted onto the Register and whether or not they should be given reduced preference.

Where a customer has not held a tenancy a character reference may be requested from a professional person who has known the customer for at least 2 years. This applies to both customers where there is a joint application.

15 Page 59 Where a customer cannot provide a reference then the following options may be taken to establish whether a customer is eligible to be accepted onto the register and whether or not they should be given reduced preference:

• The customer will be asked to attend an interview with the Officer responsible for assessing the application. • Information may be sought from the Police through the information sharing protocol.

2.4 Police Checks

Where a customer indicates on their form that they have an unspent criminal conviction a criminal records bureau check or further information will be sought about the offence(s). This will be done to establish whether the person has been involved in a serious crime(s) that would pose a serious risk to the community if they were to be housed within that community.

Information gained will not automatically exclude an applicant from the register. It may also be used to make informed decisions about any offer of a property.

2.5 Notification of Registration

When an application is accepted onto the register the customer will be informed in writing and provided with the following information:

• Their registration date • Their registration reference number • The Band they have been placed in. • A Priority Band date if that is different from their date of registration (see section 3.2; the ‘effective’ date) • An explanation of the login reference number and memorable date for use when logging into their online account

If an application is moved into a higher priority Band the ‘effective date’ is taken to be the date it was moved into the higher priority Band. Where an application is moved out of a priority Band the waiting time reverts to the original date of registration.

When customers receive their letter of registration they will also receive a guide to the Cumbria Choice Scheme. This will inform them about how the scheme works and will include such information as: how applications are Banded; where to look for advertised properties; how to register an interest in a property, ‘bid’; what checks are made before an offer is confirmed.

16 Page 60 2.6 Changes in Circumstances

It is the responsibility of the customer to notify Cumbria Choice of any changes in their circumstances that could affect their application for housing. The application will be re-assessed and if appropriate placed in a different Band.

2.7 Reviewing the Register

Each customer on the Common Housing Register will have their application reviewed annually. A letter will be sent to all customers requesting confirmation of details. If a reply is not received within 28 days of the date sent the application will be cancelled.

Customers registered in Bands A and B will be reviewed more regularly to ensure they are bidding for suitable properties. Monitoring of number(s) of ‘bids’ made (or lack of) will be used to identify where assistance to customers may be needed

2.8 Cancelling Applications

An application will be cancelled from the housing register in the following circumstances:

i. At the customers request. ii. If the customer becomes ineligible for housing on grounds of their behaviour. iii. When the customer has been housed. iv. When a social housing tenant completes a mutual exchange. v. On failure to reply to a review letter or requests for further information within a given time period. vi. Where it is discovered that the customer has given false or misleading information

In circumstances (ii) and (vi) the customer will be notified in writing and informed of the reason why their registration has been cancelled and of their right to request a review of that decision.

In circumstance (v) the customer will be notified in writing that their registration has been cancelled. The application will be re-instated if the applicant contacts Cumbria Choice within 28 days of being notified of the cancellation.

2.9 Giving False Information

Under section 171 of the 1996 Housing Act it is a criminal offence for anyone applying for housing from a housing authority to knowingly give false

17 Page 61 information or to withhold information which is relevant to their application. An offence is also committed if a person allows a third party to provide false information on their behalf.

Customers who are found to have withheld or given false information may be removed from the register for 12 months. This will be decided upon based on the seriousness of the false information given and an assessment of why the information was withheld.

The customer will be informed in writing of the decision and advised of their right to request a review.

Where a tenancy has been awarded action may be taken with regard to that tenancy.

2.10 Deliberate Worsening of Circumstances

Where there is evidence that a customer has deliberately made their housing situation worse in order to gain a higher priority on the register, they will be assessed based on the circumstances before their situation changed.

Examples of this are:

• Customers who have allowed family members or others to move into their property, who previously had suitable accommodation or the financial means to secure their own accommodation, and this has resulted in the property being overcrowded. • Customers who have moved from previously suitable or more suitable accommodation which it was reasonable for them to continue to occupy, into a less suitable property. • Homeowners who have transferred their property to another family member within the last 5 years from the date they make their application to the Register.

18 Page 62

Section 3 Assessing Housing Need

Priority for Housing

Local Authorities are required by law to determine the relative priority that housing customers are awarded. The law, as it applies to Local Authorities, requires that reasonable preference for housing must be given to those in the categories set out in the Housing Act 1996 (as amended). In addition the Cumbria Choice scheme gives additional preference to those customers where the Council is satisfied that they have other exceptional or urgent housing needs.

Cumbria Choice operates a needs based Banding system which is set out below. The Bands are arranged to reflect housing need with the highest Band, Band A, indicating the greatest need for housing.

Band A: Urgent Need for Explanation of criteria to be used in the Housing due to Reasonable Assessment preference plus additional priority. Homeless Households owed a Households who have made a statutory homeless full homeless duty. application to the Local Authority under Part V11 of the Housing Act 1996 and have been Reasonable preference category determined by the Council as owed a s 167(2) (b) homelessness duty.

Note: Local Band A will be awarded unless the household also meets the criteria for Exceptional need to move (see below)

Exceptional need to move due • An immediate life threatening condition to a Medical condition or which is seriously affected by the current reasons of Disability housing circumstances. • A member of the household cannot be Reasonable preference category discharged from hospital until a suitable s167(2) (d) adapted property is provided. • Due to an assessed limited mobility a person in the household is unable to access essential parts of the property eg. bathroom/toilet and the property cannot be suitably adapted. • A member of the household is elderly or disabled or has a progressive illness and is

19 Page 63 likely to require admission to hospital or residential/nursing care in the immediate future and re-housing would enable the person to remain at home. • Armed forces personnel who need to move to suitable adapted accommodation because of a serious injury, medical condition or disability which he or she or a member of their household, has sustained as a result of service.

People who have a severe mental health or learning disability which significantly affects their ability to lead a normal life and which puts them at risk of admission to hospital or residential care.

Exceptional need to move. Customers who need to move due to domestic abuse, extreme violence or extreme harassment. This would include racial, homophobic or Reasonable preference category transgender harassment. s167(2) (d) This will only be agreed in exceptional circumstances where there is a high risk to the tenant or their family’s safety if they remain in the property/area and the location sought would substantially reduce or eliminate the risk. Clients in this group should be awarded global Band A without a local connection restriction (other than when this is required by s106 agreement)

Excessive Overcrowding Households living in conditions which are prejudicial to health and where there is a high risk Reasonable preference category of harm, as assessed using the Housing Health s167(2) (c) and Rating system.

The assessment must be made by the Local Authority.

Property Condition Households living in conditions which give rise to an imminent risk of harm and where the Local Reasonable preference category Authority has served a Prohibition Order under s167(2) (c) Part 1 of the 2004 Housing Act.

Band B: High Need for Explanation of criteria to be used in the Housing due to Reasonable Assessment

20 Page 64 Preference

Cumulative Preference People who are assessed as having more than one reasonable preference housing need from reasonable preference category (c), (d) & (e).

Combinations of reasonable Customers who have two or more of the following preference categories s167(2) needs as listed in Band C: (c), (d) & (e) • Households needing to move to a particular locality on hardship grounds • Households overcrowded/under occupying • Disrepair - households where a Category 1 hazard has been identified by the Local Authority (NB see full definition of disrepair under “Property condition in Band C”) • Medical need • Existing social housing tenants who suffer financial hardship as a result of housing benefit changes under Welfare Reform.

Welfare Grounds • People who are living in a supported housing placement within the partnership Reasonable preference category area (usually for for at least 6 months ) and s167(2) (d) who have been assessed as being ready for independent living. • Young people who are referred by Cumbria Children’s services following a s17 assessment under the Children Act 1989 with a recommendation for housing. This includes children leaving care. • All referrals by Children’s Services will be made following the Joint Protocol – currently the Interim Protocol 16-17 year old presentations in relation to accommodation (March 2010) in Cumbria

NB. It is expected that a support plan will have been prepared and will be available to the housing provider for people rehoused on these grounds. Homeless prevention status – A customer has children or is pregnant, or is a customers who have not been single person who in the Local Authority’s opinion housed within 3 months of being may be in priority need and the Local Authority awarded Band C priority considers they are at risk of being physically homeless. The customer must have opted to take a homeless prevention option and as a result have been granted Homeless Prevention Status.

This priority will be awarded by the Local Authority

21 Page 65 after the 3 month period that the customer has been in Band C.

Under occupation Social housing tenants of a partner organisation that are under occupying a house by 2 or more Reasonable preference category bedrooms who bid on properties with at least 2 s167(2) (c) fewer bedrooms than they currently have.

An assessment will be made on the basis of the current family composition and will also take into account the family composition at the start of the tenancy.

Band C: Medium Need for Explanation of criteria to be used in the Housing due to Reasonable Assessment Preference

Non Priority Homeless These customers will be assessed by the Local Authority. They will include: Those who are entitled to • Rough sleepers reasonable preference as being • Those moving between friends and non-priority homeless, relatives intentional homeless or • Those who have accommodation but the homeless within Part 7 of the local authority do not consider it reasonable Act. to occupy • Those who have accommodation, but cannot secure access to it or there is no Reasonable preference category lawful place they can live in it e.g. caravan s167(2) (a) Those who have made a homeless application and determined to be homeless Homeless in priority need and but not in priority need or are intentionally intentional pending S202 homeless or have no local connection. Review (NB Band E may apply to intentionally homeless applicants where there is a clear reduced preference as defined in the policy ie. Arrears / anti-social behaviour)

Homeless prevention option A customer has children or is pregnant, or is a being chosen single person who in the Local Authority’s opinion may be in priority need and the Local Authority Priority will be awarded for a 3 considers they are at risk of being physically month period homeless. The customer must have opted to take a homeless prevention option and as a result have been granted Homeless Prevention Status.

This priority will be awarded by the Local Authority for a period of 3 months. Medical The customer’s housing is unsuitable for medical/disability reasons but they are not

22 Page 66 Reasonable preference category housebound and their life is not at risk due to their s167(2) (d) current housing. However the housing conditions are directly contributing to their ill health.

Examples are as follows: • Children with severe conditions such as autism, or cerebral palsy where their long term needs cannot be met without settled accommodation • A person whose disability means that re- housing would enable them to overcome physical barriers created by their current accommodation e.g. stairs and steps. • A person with a disability requiring substantial adaptations where their current accommodation cannot be economically adapted to meet their needs after consultation with the relevant Local Authority • A person with a terminal illness or long term medical debilitating condition whose current accommodation is not having a significant impact on their condition but where their quality of life would be significantly improved by moving to alternative settled accommodation which may or may not be closer to support.

The assessment will not be made on the basis of the customer’s health but on how their accommodation affects their health.

Hardship Customers who need to move to a particular locality where failure to meet that need would Reasonable preference category cause hardship to themselves or others. This s167(2) (e) would include people needing to move for: • Employment purposes • To be near relatives to give or receive support • To access medical treatment/social services facilities.

This priority will only be awarded in exceptional circumstances and includes: • Customers who require support from relatives or friends will only be considered where there is a severe mental health, medical or welfare issue and there are reasons why this support cannot be made

23 Page 67 available through reliance on public transport or the customer’s own transport.

• Customers requiring to take up or continue employment opportunity not available elsewhere will only be considered where they do not live within a reasonable commuting distance and will be required to provide confirmation of employment details from the employer.

• Non social housing customers who are assessed as facing housing related financial hardship where re-housing through Cumbria Choice will alleviate the situation.

• Existing social housing tenants who suffer financial hardship as a result of housing benefit changes under Welfare Reform.

Overcrowded Customers who need to move due to overcrowding by 1 bedroom or more. Reasonable preference category s167(2) (c) Applicants will be assessed according to the Cumbria Choice policy for overcrowding (see s 4.3)

A household will be considered for this category where they are 1 bedroom or more short of the required bedrooms.

Property Condition Households where there is one or more category 1 hazard as assessed under the Reasonable preference category Housing Health and Safety Rating System s176 (2) (c) (HSSRS) as defined under Part 1 of the Housing Act 2004.

This will mean where a Category 1 hazard has been identified by the Local Authority and the Local authority is working with the landlord to resolve the problem or taking enforcement action.

Under Occupation Social housing tenants of a partner organisation that are under occupying a house by 1 bedroom Reasonable preference category who bid on properties with 1 less bedroom than s167(2) (c) they currently have

An assessment will be made on the basis of the current family composition and will also take into

24 Page 68 account the family composition at the start of the tenancy.

Band D: Low Need for Explanation of criteria to be used in the Housing due to No Assessment Reasonable Preference Band D Plus Those in Band D Plus will be given priority over other customers in Band D. To qualify for this Customers not owed a Band applicants need to demonstrate: reasonable preference but who • Employment have met the Partnership • Transfer customers of partner Community Contribution criteria organisations with a positive tenancy history. • A positive contribution to the local community – for example voluntary work.

Band D Customers assessed as not being owed a reasonable preference. Customers not owed a reasonable preference This would include those who are assessed as adequately housed.

Band E: Reduced Priority Explanation of criteria to be used in the Assessment

Customers owed a reasonable • Customers will be awarded the reasonable preference but given reduced preference that their assessed housing priority needs warrant but will be given reduced priority until action is taken by them to rectify their circumstances/behaviour.

• These customers will remain in this Band Customers not owed a until action is taken by them to rectify the reasonable preference and circumstances/behaviour that has led to the given a reduced priority reduced priority.

A customer will be given reduced priority for the following reasons: • Arrears or other housing related debt • Breach of a tenancy condition which is unresolved but would not warrant a full possession order • A property not meeting the required standard for a transfer customer • No local connection • those with financial resources • Refusing 2 reasonable offers within a 12

25 Page 69 month period • Young people less than 18 years of age unless they meet the criteria for being offered accommodation. • Tenants with starter or probationary tenancies

See Section 4 for detail on how reasonable preference, additional preference and reduced priority will be assessed and applied under the scheme.

3.2 Waiting Time – The ‘Effective’ Date

Priority is given to customers depending on their housing need but significant importance is also given to the length of time the customer has waited for a property . Priority within each Band is determined by the length of time the application has been placed in that Band. This is either the date of registration or the date of entry into a priority Band.

Where a customer moves out of a priority Band and into Band D or E their effective date will return to their date of registration.

3.3 Management Discretion

In some circumstances a property will be let directly to a customer without being advertised. This is when: a sensitive letting is required due to the person’s previous history; where there is an urgent need for housing and it would cause serious hardship or risk to the customer if they were required to ‘bid’ for a property; there is a need to make best use of the housing stock or for other housing management reasons.

This is not an exhaustive list but examples of these instances are:

• Tenants of partner organisations that need to move on a temporary basis due to a fire or flood. • People who are at imminent risk of violence and are to be housed through a witness protection programme. • Vulnerable people who are to be housed as part of a multi-agency protocol where a full support package is in place. • Where an existing social housing tenant is required to move to make best use of stock and suitable accommodation has not been secured through the Scheme e.g. to make available a fully adapted property, urgently required by a priority customer. • Where there is a need agreed between housing and social services to provide a specific property for vulnerable individuals. For example

26 Page 70 where a property is required for people with learning disabilities to live together with support. • Where a sensitive letting is required for a particular property because of previous issues of drug dealing, violence, public protection or anti- social behaviour. • Tenants of partner organisations participating in a recognised down- sizing scheme.

When an allocation is made through management discretion this information will be included in the lettings results which are published.

3.4 Homeless Households

Homeless applications will continue to be dealt with by the appropriate Local Authority in accordance with the relevant legislation and codes of guidance -. this includes dealing with appeals and reviews. Information regarding homelessness will be provided to homeless applicants by the Local Authority (or Local Authority agent).

However a key aim of the Cumbria Choice scheme is to address the issues of homelessness within the County and through the partnership to provide an improved service to those either homeless or threatened with homeless.

This will be achieved through sharing good practice and developing initiatives across the partnership. Through the use and development of improved ICT systems homeless households will be able to identify the housing options available to them and to have an informed view of how they can best resolve their housing needs.

Homeless households and those threatened with homelessness will have greater control and choice over where they live and through assisting them with these decisions the scheme aims to increase their commitment to both the home and the community into which they move.

Households who are found homeless or at risk of homelessness, in priority need and are unintentionally homeless, and, to whom a Local Authority has a duty under Part VII of the 1996 Housing Act will be placed in Band A. However some Local Authorities in Cumbria may also chose to use the provisions of the Localism Act 2011 to discharge their duty into a 12 month Assured Shorthold Tenancy (AST) in the private sector.

These households will be able to bid for properties during a 6 week period. During this time the bidding pattern of such customers will be monitored to ensure that they are bidding and to identify those who are in need of further advice and assistance to help them through the process.

After the 6 week period, partner organisations have the right to place a bid on behalf of the homeless household. Where the bid is successful it will constitute an offer of accommodation in accordance with section 193(7) and

27 Page 71 202 of the 1996 Housing Act. The offer will be made in writing and subject to appeal.

The homelessness duty will be discharged if an offer is made as a result of a successful bid on a suitable property.

Customers who have been found intentionally homeless may be given reduced preference by virtue of the action which led to the intentional homeless decision and placed in Band E. Customers to whom a Local Authority has a duty under Part VII of the 1996 Housing Act will be given reduced preference and placed in Band E where they do not have a local connection to the Local Authority. Customers will remain in this Band until the issues relevant to their circumstances have been resolved.

3.5 Households with a Disability

The scheme enables customers who require adaptations to ‘bid’ for any property in the scheme. The customer will be considered for the property on the same basis as the other applicants who have placed ‘bids’. However, there is an expectation that applicants awarded a priority band on medical grounds will bid for properties suitable to their needs or that the landlord considers the property reasonably capable of being adapted at reasonable cost. Where a property does not meet the needs of the applicant the medical priority awarded may be withdrawn for that property

Adapted properties or properties designed to disability standards are included within the scheme and will be offered firstly to those customers with a need for this property type. This will be made clear in the advert as well as information within the advert about the actual adaptations/accessible features.

3.6 Serious offenders and Public Protection

Cumbria Choice will work with the Police and Probation Service through the Housing Offenders Protocol to manage any risk posed to the public.

Officers will attend case conferences and work with agencies where cases are referred to the Multi-Agency Public Protection Panel. A range of housing options will need to be considered and the partnership will seek to assist in identifying appropriate housing that meets the needs of the customer and the community.

In some circumstances this may restrict the choice of property available to the customer but they will wherever possible be given the opportunity to exercise some choice.

3.7 Exempt allocations

28 Page 72 Some transfer moves are exempt from the requirements of Part 6 of the Housing Act 1996 and will be dealt with separately.

The following are not allocations under this scheme:

• Succession to a tenancy on a tenant’s death pursuant to s89 Housing Act 1985, or • Assignment of a tenancy by way of mutual exchange, or • Assignment of a tenancy to a person qualified to succeed to the tenancy on the tenant’s death, or • Transfer of the tenancy by a court order under family law provisions or under the Civil Partnership Act 2004, or • The Conversion of an Introductory Tenancy (Council stock), or Starter Tenancy (Housing Association stock) into a Secure Tenancy. • Council initiated transfers, for example due to a tenant being displaced from their accommodation due to demolition or regeneration. • Re-housing due to being displaced from previous accommodation by the Council pursuant to the land Compensation Act 1973. • A person granted a family intervention tenancy. • Provision of non secure temporary accommodation in discharge of any homelessness duty or power.

Section 4 Reasonable Preference Categories, Community Contribution and Reduced Preference

The law requires Local Authorities to give reasonable preference for housing to certain categories of households. The statutory reasonable preferences categories are set out in section 167(2) (a) to (e) of the Housing Act 1996 (as amended) and are:

• People who are homeless, as defined by Section 175 Part VII of the 1996 Housing Act. • People who are owed a duty by any local authority under section 190(2), 193(2), or 195(2) of the Housing Act 1996 or under S65(2) or S68(2) of the Housing Act 1985 or people that are occupying a property secured by the local authority under Section 192(3) of the Housing Act 1996 (persons not in priority need who are not intentionally homeless) • People occupying unsanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions • People who need to move on medical or welfare grounds, including grounds relating to disability • People who need to move to a particular locality in the district of the housing authority, where failure to meet that need would cause hardship to themselves or others.

29 Page 73 In framing this policy and to ensure that those in greatest need are given preference for an allocation of accommodation, the partnership has taken into account the categories of people that must be given reasonable preference by Local Authorities.

Whilst Housing Authorities are required to give reasonable preference to the above groups they will not necessarily be given the same degree of preference. Housing Authorities are able to give additional preference in their allocation policy to households who have a particular urgent need for housing.

To ensure allocation policies meet local housing needs housing authorities are also able to give priority to other groups who are outside these reasonable preference categories as long as they do not dominate the scheme at the expense of those listed in the reasonable preference categories.

Reasonable Preference and Additional Preference – How it is Applied Under this Scheme.

4.1 Reasonable preference category s167(2) (a) – people who are homeless within the meaning of Part VII of the Housing Act 1996.

• Customers assessed as meeting the criteria for this reasonable preference category will be placed in Band C. • Households at risk of homelessness and whom the Local Authority considers may be in priority need will be placed in Band C where they have opted to take a Homeless Prevention option. Those who are awarded this status may move to Band B after 3 months.

Customers in this category do not need to have made a homeless application to a Local Authority however they do need to have had a Housing Options Interview. They do not need to be in ‘priority need’ for accommodation as defined by Part VII of the 1996 Housing Act. This definition of homeless includes a person who does not have accommodation which is legally and physically available to them or has accommodation but it is not reasonable for them to continue to occupy.

Examples of where a customer may qualify under this category for Band C are:

• Rough Sleepers • Those moving between friends and relatives • Those who have no accommodation at all in which they can live, with other family members normally living with them or others the Council might reasonably expect to live with them. • Those who have accommodation but where there legal right to live in that accommodation has been terminated and they will be homeless immediately or within 28 days. • Those who have accommodation but where in the Council’s opinion it wouldn’t be reasonable for them to continue to occupy it.

30 Page 74 • Those who have accommodation but cannot secure access to it, or, in the case of a moveable structure, like a caravan, there is no lawful place they can lawfully live in it. • Those who have made a homelessness application and have been determined by the Council to be homeless but not in priority need, or have been found intentionally homeless or have no local connection.

Note: those found intentionally homeless may be given reduced preference or be made ineligible by virtue of the action which led to the intentional homeless decision where there is a clear reduced preference as defined in the policy ie. rent arrears / anti-social behaviour.

Homeless Prevention

The Local Authority will award additional preference to those at risk of homelessness where the customer has chosen to take a homeless prevention option, in the following circumstances:

• The customer is likely to be found to be in priority need if they became homeless and made a homeless application

• And, the Council consider that they are at risk of being homeless (within 28 days)

• And, they have opted to take a homeless prevention option offered by the Council and as a result have been granted Homeless Prevention Status

These households will be placed in Band C for up to 3 months. The Council may then award Band B after the 3 month period. The customers ‘effective date’ will be the date that they moved into the respective Bands. Banding in this category will apply only in the Local Authority area where the decision has been made. (Local Band only). At no point should the local band be lower than the global band.

4.2 Reasonable preference category s167(2) (b) – people who are owed a homelessness duty by a Local Authority under Part VII of the Housing Act 1996. • Customers assessed as meeting the criteria for this category are given additional preference by the scheme and will be placed in local Band A. additionally the Local Authority may discharge their duty to a 12 month Assured Shorthold Tenancy (AST) into the private sector in accordance with the Localism Act 2011

Customers who will be given this additional preference are:

• People who are in priority need and the Local Authority has accepted that it owes the household a full homeless duty under section 195(2) as being threatened with homelessness in the next 28 days, and the Local

31 Page 75 Authority is taking steps to try and prevent that homelessness from occurring. People who have been accepted as being owed the full homeless duty under section 193(2) - those who are deemed homeless, in priority need and unintentionally homeless.

Note: The Band awarded will be Local Band A (ie Band A only applies in the authority where the homelessness decision was made) except in the case where the household also meets the criteria for Exceptional Need to Move (s3)

4.3 Reasonable preference category s167(2) (c) – people occupying unsanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions.

Customers being assessed as meeting the criteria for this category will be placed in Bands A, B or C. Customers will be placed in Band C where they have been given reasonable preference and Bands A and B where they have been awarded additional preference by the scheme. Additional preference is awarded based on the severity of the housing need.

Additional Preference

Customers will be awarded additional preference and placed in Band A in the following circumstances • Households living in conditions which give rise to an imminent risk of harm and where the Local Authority has served a Prohibition Order under Part 1 of the 2004 Housing Act. • Excessive Overcrowding ie. Where a local authority officer has made an assessment using the Housing Health and Safety Rating system and concluded there is a high risk of harm due to overcrowding. (LR)

Note: Customers may be given a Band B priority based on a combination of housing needs – see Cumulative Preference (section 4.7) below.

Owner occupiers will only be considered if they are elderly, disabled or have a mental health problem and their property is likely to give rise to an imminent risk of harm and they do not have the financial means to carry out essential repairs.

Priority will be given to private tenants where the landlord has been approached but works required to remedy a Category 1 hazard have not yet been undertaken. Once the Local Authority has verified that works have been carried out , priority will be removed.

Reasonable Preference

Customers will be awarded reasonable preference and placed in Band C in the following circumstances:

32 Page 76 • Customers who are living in overcrowded conditions. Reasonable preference will be given to households lacking one bedroom or more. The standard used for the assessment of overcrowding by Cumbria Choice is as follows: a separate bedroom should be allocated to the following persons: o A person living together with another as husband and wife (whether that other person is of the same sex or the opposite sex). o A person aged 16 years or more. o Two persons of the same sex aged less than 16 years. o Two persons (whether of the same sex or not) aged less than 10 years. o Any person aged under 16 years in any case where he or she cannot be paired with another occupier. .

Customers who have voluntarily allowed family member(s) or other(s) to move into their property will not be given reasonable preference.

Social housing within the Cumbria Choice region is subject to acute pressure and there is a particularly high demand for family size accommodation. Partner organisations need to make best use of their stock and for this reason children will only be included in the overcrowding calculation at their main place of residence.

Tenants of Landlords within the Cumbria Choice Scheme who under occupy a family home where a move will free up accommodation.

• Additional preference for customers who need to move on hardship grounds where failure to move will cause hardship to themselves or others. Social housing tenants of a partner organisation that are moving to a property that will have at least 2 bedrooms fewer than their current property will be awarded Band B

• Reasonable preference for customers who need to move on hardship grounds where failure to move will cause hardship to themselves or others. Social housing tenants of a partner organisation that are moving to a property that will have 1 bedroom less than their current property will be awarded Band C or Band B (cumulative preference) where the household is also suffering financial hardship under Welfare Reform

4.4 Reasonable preference category s167 (d) – people who need to move on medical or welfare grounds including grounds relating to a disability.

Customers being assessed as meeting the criteria for this category will be placed in Bands A, B or C. Customers will be placed in Band C where they have been given reasonable preference and Bands A or B where they have been awarded additional preference by the scheme. Additional preference is awarded based on the severity of the housing need.

33 Page 77

Note: Preference will only apply where the applicant is applying for properties that are suitable, will meet their medical need and are reasonably capable of being adapted and at a reasonable cost.

Note: Customers given only reasonable preference (Band C) may be given a Band B priority based on a combination of housing needs – see Cumulative Preference (section 4.7) below.

• Medical Grounds – Additional Preference

A customer who has an urgent need to move for medical reasons or due to a disability, which is being exacerbated by their current housing situation will be awarded additional preference and placed in Band A. This would include people whose safety is at risk due to their current housing or who are completely housebound because of the type of accommodation they live in.

The assessment will be made by an officer of the partner organisation with specific responsibility for the assessment of such cases and following a set of criteria based upon routine medical conditions and property conditions/facilities. The officer will make the assessment from information given by the customer who will be required to complete a medical questionnaire.

In most cases the assessment will not be of the customer’s health but how their accommodation affects their health. In exceptional circumstances that do not meet the set criteria the case will be passed to a senior officer within the partner organisation administering the application.

For more serious cases evidence maybe required from an Occupational Therapist, Doctor or Consultant. In some cases a decision may be taken to pass the information to a medical consultancy commissioned by the Partnership for the purposes of clarification. The decision on whether to award priority will be taken by the senior officer of the partner organisation.

The following are examples of cases that would qualify for Band A priority:

o An immediate life threatening condition which is seriously affected by the current housing and where re-housing would make it significantly easier to manage. o A member of the household cannot be discharged from hospital until a suitable adapted property is provided. o Due to limited mobility a person is unable to access essential parts of the property eg. bathroom/toilet and requires re- housing into accommodation suitable for their use. o A member of the household is elderly or disabled or has a progressive illness and is likely to require admission to hospital or residential/nursing care in the immediate future and re- housing would enable the person to remain at home.

34 Page 78 o Armed forces personnel who need to move to suitable adapted accommodation because of a serious injury, medical condition or disability which he or she or a member of their household, has sustained as a result of service. o People who have a severe mental health or learning disability which significantly affects their ability to lead a normal life and which puts them at risk of admission to hospital or residential care.

• Medical Grounds – Reasonable Preference

Customers whose housing is unsuitable for severe medical reasons or due to disability but who are not housebound or whose safety is not at risk due to their current housing will be awarded reasonable preference and placed in Band C.

Their housing conditions will need to contribute to causing serious ill health. Their circumstances will be assessed in the same way as for the additional preference category above. The assessment will be made by an officer of the partner organisation with specific responsibility for the assessment of such cases and following a set of criteria based upon routine medical conditions and property conditions/facilities. The officer will make the assessment from information given by the customer who will be required to complete a medical questionnaire.

In most cases the assessment will not be of the customer’s health but how their accommodation affects their health.

In some cases evidence maybe required from an Occupational Therapist, Doctor or Consultant and a decision may be taken to pass the information to a medical consultancy commissioned by the Partnership for the purposes of clarification. The decision on whether to award priority will be taken by the partner organisation.

The following are examples that would qualify for Band C priority:

• Children with severe conditions such as autism, or cerebral palsy where their long term needs cannot be met without settled accommodation • A person whose disability means that re-housing would enable them to overcome physical barriers created by their current accommodation e.g. stairs and steps. • A person with a severe disability requiring substantial adaptations to a property which is not provided for in their current accommodation. • A person with a terminal illness or long term medical debilitating condition whose current accommodation is not having a significant impact on their condition but where their quality of life would be significantly improved by moving to alternative settled accommodation which may or may not be closer to support.

35 Page 79

Welfare Grounds – Additional Preference

• Domestic Abuse, extreme violence or extreme harassment.

Customers who need to move due to domestic abuse, extreme violence or extreme harassment will be awarded Band A priority. This would include disability, racial, homophobic or transgender harassment and will be awarded for exceptional circumstances where there is a high risk to the tenant or their family’s safety if they remain in the property/area.

This priority will be given in circumstances where the customer does not wish to make a homeless application but cannot remain in the property long-term or has moved to stay with relatives or friends because of the threat. They will be awarded this priority without going through the homelessness route.

Tenants of partner organisations can be assessed and given Band A priority by their own Landlord (regardless of who is administering their housing application). All other applicants to the scheme will be assessed by the Local Authority Housing Options Team.

The assessment will be made by a senior officer within the partner organisations and will be based on evidence provided by the customer and other appropriate statutory and voluntary agencies. This would include, the Police, Social Services, referrals by MARAC, Domestic Violence and Lesbian and Gay support groups. • Move on from supported housing projects

Customers who are moving on from a specified list (see appendix 4) of supported housing projects will be awarded Band B.

They must have a vulnerability and an urgent housing need that is best met through the provision of long term settled housing. To qualify for this additional preference the support provider will provide written evidence that the customer: o Has successfully completed a minimum of 6 months in the supported housing scheme (except in proven exceptional circumstances when a lesser period may be considered). o is ready to move to independent settled accommodation. o has a support package that has been assessed and is in place.

Customers can register when they move into supported accommodation and are likely to be awarded Band D priority. When they are ready to move on they will be awarded Band B priority. The ‘effective date’ for all move on customers will be the date they moved into that providers supported housing scheme regardless of their date of application.

• Young Person in Need (including young people moving on from Care).

36 Page 80 Young people referred by Social Services in accordance with the joint protocol will be awarded Band B. All referrals by Children’s Services will be made following the Joint Protocol – currently the Interim Protocol 16-17 year old presentations in relation to accommodation (March 2010) in Cumbria.

Referrals will be made where a young person is leaving care or housing and child in need assessment with a recommendation for housing has been made. The criteria for the award of additional preference are: o The young person is ready to move to independent settled housing and is genuinely prepared for a move to independent living. o They possess the life skills to manage a tenancy including managing a rent account. o The young person is in need of medium or long term tenancy support. o The support package has been assessed and is in place. o Their needs are such that accommodation in the private rented sector, through its short term nature, would have a detrimental effect on their move to independent living. Welfare grounds – reasonable preference • Customers who are assessed as facing housing related financial hardship where re-housing through Cumbria Choice will alleviate the situation. • People who suffer financial hardship as a result of housing benefit changes under Welfare Reform. (Existing social housing tenants in receipt of housing benefit occupying properties which are too large for them under revised HB size criteria)

4.5 Reasonable preference category s167(2) (e) – people who need to move to a particular locality within the local authority’s district, where failure to meet that need would cause hardship to themselves or others.

Customers being assessed as meeting the criteria for this category will be awarded reasonable preference and placed in Band C.

Note: Customers given only reasonable preference (Band C) may be given a Band B priority based on a combination of housing needs – see Cumulative Preference (section 4.7) below.

The people who meet these criteria are those who need to move for: • Employment purposes • To be near relatives to give or receive support • To access medical treatment/social services facilities.

Customers who are assessed as meeting these criteria for employment purposes will be placed in Band C. Priority will only be given in exceptional circumstances and customers will need to show:

• That they need to move to take up or continue an employment opportunity not available elsewhere. They will only be considered

37 Page 81 where they do not live within a reasonable commuting distance and will be required to provide confirmation of employment details from the employer.

Customers who are assessed as meeting this criterion for support purposes will be placed in Band C. Priority will only be given in exceptional circumstances and customers will need to show:

• That they require substantial and ongoing support from relatives or friends. This will only be considered where there is a severe mental health, medical or welfare issue and there are reasons why this support cannot be made available through reliance on public transport or the customer’s own transport.

Example of the type of information required in order to assess the priority include: o Confirmation of name and address of the person who is to provide the care and the person who is to receive care o Evidence of their care requirements (Doctor, Social Services) o Evidence of links to care groups o Disability living allowance receipt

Customers who are assessed as meeting this criterion for access to medical treatment or social services facilities will be placed in Band C. Priority will only be given in exceptional circumstances and customers will need to show:

• That they have a need to access medical care and/or social services facilities and that cannot be met through reliance on public transport, the customer’s own transport, or through provision put in place by health or social services.

Example of the type of information required in order to assess the priority include: o Confirmation of name and address of the medical or social provision to which they need access. o Evidence of their care requirements (Doctor, Social Services) o Evidence that no other provision is available and no assistance can be provided to enable them to access the service.

4.6 Economic and Community Contribution

This scheme aims to support economic growth within the County and to value those who make a positive contribution to their community. For customers awarded no reasonable preference and placed in Band D a proportion of properties will be made available and those who meet the economic and community criteria will be placed at the top of the shortlist.

38 Page 82 Customers being assessed as meeting the criteria for this category will be placed in Band D Plus. Customers will be awarded this additional priority in the following circumstances:

• Low income working household – the scheme wants to encourage those people who work but are on a low income to remain in the area and contribute to the economic activity of that area.

Low income households are those who are working but would find it difficult to access Home ownership or Low cost Home ownership.

Working households are those where at least one adult member is in employment. This is a permanent contract, working as a temporary member of staff or being self-employed. The person will only qualify if they have been employed for 9 out of the last 12 months. Verification will be sought at the point of application as well as at the point of offer.

Customers must provide payslips, P60, bank statements or a verifying letter on headed paper.

• Community Contribution – the scheme wants to encourage people who make their communities strong, stable and healthy places to live so that they will remain in that community and continue to contribute to sustaining the local area.

Volunteers must have been volunteering for a continuous period of at least 6 months at the point of application and must have continued in voluntary work at the point of offer. Volunteering must be for a not-for-profit organisation or a charity and must be for a minimum of 10 hours per month.

Note: Tenant and resident organisations recognised by a Local Authority or Registered Social Landlord are included.

Evidence of volunteering work will be required from the Manager responsible for the volunteer. This person must not be related to the customer.

• Customers of the 9 RP’s partners of the Cumbria Choice scheme with a positive tenancy history - the scheme wants to encourage tenants to meet the terms of their tenancy agreement and to assist and retain within the social rented sector those tenants who do.

Tenants must have a positive tenancy history to qualify: o No on-going involvement in anti-social behaviour or criminal activities. o A clear rent account maintained for a period of 1 year or more. o A property maintained in accordance with the tenancy agreement o No breaches of the tenancy agreement in the last 3 years. o Not have an outstanding unspent conviction.

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• Pre Tenancy Qualification Award – the scheme wants to encourage and help young people under 25 to be responsible tenants and where they are willing to learn how to be a good tenant to reward that effort.

In some Local Authority areas courses are available for young people to attend and gain a ‘young person pre-tenancy qualification’. Where a young person has gained this award and shown they know how to live as a responsible tenant they will quality for this category.

They must have attended a course recognised by the Local Authority or obtained an NVQ level qualification.

4.7 Cumulative Preference

This scheme takes account of customers who have more than one housing need and gives them additional priority for example people who have a medical need and are also living in overcrowded conditions.

Customers who have two or more of the housing needs as listed in Band C will be placed in Band B to reflect their additional housing needs: • Households needing to move to a particular locality on hardship grounds • Households overcrowded/under occupying • Households where there is one or more category 1 hazard as assessed under the Housing Health and Safety Rating System (HSSRS) as defined under Part 1 of the Housing Act 2004. • Medical need • Households suffering financial hardship as a result of housing benefit changes under Welfare Reform

4.8 Reduced Preference

Local Authorities have a right to reduce a person’s priority for housing under their allocation policy. This action will be taken in order to enforce to existing and prospective tenants the importance of taking seriously their responsibilities as a tenant: • The responsibility of paying their rent and service charges. • The responsibility to keep the property in good repair and not to cause deliberate damage. • The responsibility to conduct their tenancy in accordance with their tenancy agreement and not to cause nuisance or annoyance to their neighbours.

Reduced preference will also take account of other criteria and will be given in the following circumstances: • There is a current or former debt owed to a social or private sector landlord.

40 Page 84 • There is a history of unacceptable behaviour within the last 2 years (refer to appendix 7.3 for definition). • Customers who have been found to be intentionally homeless but would otherwise meet one or more of the conditions for Band E. • Customers who do not have a local connection with the Local Authority area. • Customers who have the financial resources to purchase a property • Customers who have refused 2 offers of accommodation that they have ‘bid’ for or been offered under management discretion within the last 12 months. • Young people less than 18 years of age unless they meet the criteria for being offered accommodation which would be those who are accepted as homeless with a full duty or referrals from Children’s Services . • Tenants with starter or probationary tenancies.

Reduced preference due to current or former housing related debt

• Housing debt from all tenures will be considered and includes current or former rent arrears and/or recharges for repairs from property damage. • Non housing debts will not be considered. This includes for example, housing benefit overpayments, mortgage arrears. These debts are either not legally enforceable in tenancy law as a condition of the tenancy or under grounds for possession in the Housing Act 1985. • Where a customer has a debt each case will be considered individually and in certain circumstances the customer will not be given reduced preference. Examples include but are not limited to: o Customers who have been accepted by a local authority as unintentionally homeless and in priority need. o The customer has been a victim of Domestic Violence o .The debt arose due to the customer’s vulnerability. o The customer was unable to pay due to circumstances other than deliberate non payment. o The customer has suffered financial hardship as a result of welfare reform.

Note: In circumstances where a debt is owed to a housing organisation and the customer is not to be given reduced preference in accordance with the examples listed above the organisation to whom the debt is owed may decide not to make an offer of accommodation. The customer will be expected to set up and maintain a repayment plan to the creditor landlord. Other RP’s may choose to not to make an offer of accommodation where the repayment has not been set up or maintained.

Any debt will be assessed at the point at which the customer’s priority is being considered unless any new information becomes available at a later time and the following will be considered:

41 Page 85 • The amount of the arrears/debt • Whether there are any exceptional circumstances as detailed above. If this is the case then the customer will not be subject to reduced preference. • Whether the customer has entered into any arrangement to clear the arrears/debt and if so, the amount already paid off and the length of time and regularity of any payments.

Where a decision is taken to give reduced preference the following will apply and the customer will be advised of the actions they need to take:

• Customers who owe £100 or over but less than £500 will be given reduced preference and placed in Band E. Before they can be reinstated to a higher Band they must sign an undertaking to repay the outstanding debt. They must agree and maintain a repayment plan over a 13 week period. • Customers who owe over £500 but less than £1000 will be given reduced preference and placed in Band E. Before they can be reinstated to a higher Band they must sign an undertaking to repay the outstanding debt. They must agree and maintain a repayment plan for the debt for a period of at least 6 months and have reduced the debt owed to less than £500. • Customers who owe a debt over £1000 will be deemed ineligible based on a case by case basis and subject to any exceptional circumstances. This is because customers with that level of arrears will be considered by the Local Authority to be guilty of unacceptable behaviour and to be unsuitable to be a tenant by reason of that behaviour.

Customers can apply at any time to have their application reinstated where they are able to show an improvement in their behaviour, in this instance full payment of the debt owed or maintenance of the agreement made.

Reduced preference due to unacceptable behaviour.

Customers will be given reduced preference where it can be satisfied that having considered all the available evidence they (or a member of their current or prospective household) has failed to adhere to the terms of any current of previous social housing or private sector tenancy agreement.

This would include but is not limited to following examples of unacceptable behaviour: • Failing to maintain the property within the terms of the agreement – for example damage to the property, accumulation of large amounts of rubbish in and around the property. • Committing acts causing or likely to cause nuisance or annoyance to neighbours or others in the locality where they live or where they previously lived. This would include noise nuisance, threatening or abusive behaviour.

42 Page 86 • Criminal behaviour that was relevant to the tenancy and/or locality, for example being in possession of illegal drugs, acts of public disorder. • Serious breaches of a social or private sector tenancy agreement – for example operating a business from the premises, having an unreasonable numbers of pets at the property. • Behaving in a threatening, abusive or obstructive manner towards staff of the partnership and or their contractors.

Reduced preference due to the refusal of two reasonable offers of accommodation.

Customers who have bid for and refused 2 offers of accommodation (including any reasonable offer made through management discretion) within 12 months of the date of their first offer will have their priority for housing reduced for a 12 month period. After this 12 month period of reduced preference the customer will be returned to their original Band with their original date as long as a change of circumstances has not occurred.

Note: this does not apply to homeless customers owed a local authority duty who will be made one reasonable offer.

Notification of reduced preference

Customers who have been given a reduced preference will be provided with written notification of the decision which will contain the following information:

• The reasons for the decision to give reduced preference. • The Band that their application would be awarded had they not been given reduced preference and placed in Band E. • Their right of appeal and the requirement to put their request in writing within 21 days of receiving the decision. • What they need to do before their application will be placed in the Band determined by their housing needs. • That a customer can ask at any time for their application to be removed from the reduced preference Band. The request for removal must be made in writing and must set out why the customer believes that the reduced preference they have been given is no longer justified.

Section 5 How the Scheme Operates

5.1 Advertising the Properties

43 Page 87 Choice based lettings are about the customer having choice in where they live. Properties will be advertised and customers will be able to indicate the properties for which they want to be considered by ‘bidding’. Once the bidding process closes a shortlist will be compiled and the property allocated taking account of the banding priority of the applications and their time waiting.

The partnership organisations have agreed to advertise the majority of their properties through Cumbria Choice. Properties will be advertised on a weekly basis on both the website and in newsletter form.

Properties will be advertised in an easy to read format. They will usually include a picture of the property or scheme in which it is located. Property adverts will include details of the property and will indicate suitable household size as well as giving information about the local area. They will (where appropriate) indicate the priority band of customers eligible to apply. The properties will clearly indicate which housing organisation is the Landlord.

Properties may be advertised during the 4 week notice period given by an outgoing tenant. If the notice is subsequently withdrawn by the tenant the property will therefore be unavailable to let.

All categories of properties will be advertised. General needs properties; properties that have been adapted for those with disabilities; properties that are specifically for the elderly and which may have a warden and/or an emergency call system. Adverts will clearly indicate any restrictions on bidding (e.g. where properties have been adapted and/or are specifically for people with disabilities) and will detail any particular criteria that apply (eg.where full occupancy is required, affordability criteria etc.)

Bids from customers will only be accepted if they meet all of the eligibility criteria for the property.

5.2 Extra Care Properties

Properties which provide extra care facilities are provided under the Supporting People Programme. Customers requiring these properties will need to apply direct to the provider.

5.3 Sheltered Housing

Sheltered accommodation is included within the scheme. It is generally for people of 60 years and older and offers independent living with the added security and support of a warden service. In certain circumstances it may be advertised for people less than 60 years. Property advertisements will clearly state the age requirements of customers able to ‘bid’ for a property.

5.4 Quota system

A quota system may be used to allow customers in lower priority Bands access to housing. This allows a proportion of properties to be advertised as

44 Page 88 available only to those in a specific Band. The system will be monitored to ensure that it does not operate to the detriment of those with a higher need for housing.

Local Authorities will individually agree the quota systems in their own areas in conjunction with their partner social housing providers. They will be individually decided to meet local requirements.

Partners will have formal agreements with the relevant local authority, specifying the % lets for each band. These will be reviewed by the partnership on an annual basis.

The quota system operated in each Local Authority area will be available on the Cumbria Choice website and on request from the Offices of all partner organisations.

5.5 The ‘Bidding’ process

Properties are advertised on a weekly cycle. Customers may express an interest - ‘bid’ on any advertised property that meets their needs. They are able to place up to 3 bids each week.

Bids can be made in a number of ways: on the website using the username and password; by telephoning or visiting the office of a partner organisation; by mail; by automated telephone bidding; by proxy bidding (see below 5.7).

A person may bid for any suitable property advertised in the scheme; this means any area covered by the scheme and any landlord advertising in the scheme. Bidding is not restricted to areas where a person may have a local connection unless the advert specifies ‘local connection only’.

Customers are able to check their position on the list at the time of the bid, together with the total number of bids already placed. This allows customers to make decisions about their choice of property and the likelihood of being successful. Within the bidding period, customers may withdraw bids and make further bids.

Only the customer whose bid is successful will be contacted.

5.6 Proxy Bids

The relevant Local Authority will be able to place bids on behalf of homeless households who have not made bids or not made any successful bids during the 6 week period. In addition the Local Authority will also make proxy bids on behalf of homeless households who have not yet had a S184 decision following a 6 week period in temporary accommodation regardless of their

45 Page 89 banding. They will give due consideration as to whether it would be a ‘suitable offer’ should the bid be successful.

Customers who have been awarded Band A will also be subject to Proxy Bids, if they have not been bidding, following a 6 week period of being awarded the Band subject to suitable accommodation being available. If the customer refuses an offer which is deemed reasonable and suitable, Band A preference may be reduced.

It is also appreciated that there will be a number of vulnerable customers who will require agencies to make bids on their behalf. Proxy bids will be taken from agencies and support groups where a formal arrangement has been agreed and the customer gives their consent for bids to be made on their behalf.

5.7 Shortlisting

At the end of the advertising period a shortlist of suitable applicants will be produced by the web based IT system.

Where priority is to be given to applicants with a local connection to the area this will be reflected in the shortlist. (See local connection 5.9)

The customer at the top of the shortlist will be made the offer unless there is reason not to do so. (See ‘The offer’ 5.11).

Where a customer is at the top of more than one short list they will be contacted to make a preference within 24 hours and before a viewing can be arranged. Where there are two households with the same Band and length of time on the register a decision to offer the property will be based on the household who would be most suitable for the property type.

Where the property advert has indicated specific requirements such as age or accessibility, only those customers meeting those requirements will be eligible for an offer.

5.8 Local Connection

In situations where priority is to be given to applicants with a local connection the process will be:

• Banding priority will apply • Within each Band those with a local connection to the Local Authority in which the property is located will be given a higher priority than those whose local connection is with other Cumbrian Authorities. • Customers with no local connection to any Local Authority partner organisation within the Cumbria Choice scheme may be given reduced preference.

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Properties where no local connection is required will be identified through information given in the advert.

For some towns and villages where there is a high demand for housing additional priority may be given to customers who have a local connection to the particular town or village. Advert details will state where a customer having a local connection to the specific town or village may be given priority. Those towns and villages operating a local connection policy will be identified within each Local Authority’s local lettings plans.

A local connection means that a customer:

• currently resides in the area in either temporary or permanent accommodation and has been resident in the Local Authority area or specified town/village for at least 6 out of the past 12 months or 3 out of the past 5 years. • Is at present employed in the district or specified town/village. The local authority should obtain confirmation from the employer that the person is in employment and that the employment is not of a casual nature. • Has close family connection with someone who lives in the Local Authority area or specified town/village. Family connection means: parents, adult children, brothers or sisters, grand parents and foster carers or guardians who have been resident in the district for a period of at least the last 5 years. • There are special circumstances which are considered to give rise to a local connection with the Local Authority area or specified town/village. For example this would include ex-servicemen and serving members of the armed forces posted to the Local Authority area.

The partnership aims to improve mobility within the sub region and will advertise at least 10% of all partner organisation properties to all customers across the sub region regardless of local connection.

5.9 Section 106’s

Under the Planning Act some developments are subject to Section 106. This requires property to be let to customers with a local connection to stated

Parishes. Where this applies only those applicants meeting the requirements of the Section 106 will be eligible for an offer of a property.

Advert details will state when the letting of a property is governed by a Section 106.

5.10 The Offer

47 Page 91 Prior to an offer being made the landlord of the advertised property will carry out a further verification of the customer’s eligibility and priority. In certain situations the offer will not be made:

• If since joining the scheme an applicant has become ineligible.

• On verification of the applicants’ details, the priority band was found to have been incorrectly awarded.

• The applicants’ circumstances have changed since the priority band was awarded and the applicant is no longer entitled to the same level of priority.

• The partner landlord has good housing management reason not to offer a property.

In order to address issues relating to under-occupation, partner landlords may require either that the property will be fully occupied by the new tenant or allow a level of under-occupancy. Full occupation may be required where high demand exists and/or the partner landlord considers full occupancy necessary to make best use of its housing stock. When letting to achieve full occupancy the letting made will comply with the Household Type and Property Size criteria as shown in Appendix 4. Individual landlords will publish information about their approach to occupancy following consultation with the local authorities in whose areas they operate. This will be available on the Cumbria Choice website.

When an offer of the property is made the customer may be required to provide proof of their identity and that of all members of their household. E.g passport, photo driving licence, birth certificate etc.

5.11 Refusing and Non Replies to Offers

Customers who have bid for and refused 2 offers of accommodation (including reasonable offers made under management discretion) will have their priority reduced for 12 months. (see section 4: 8.0 reduced preference).

Note : those household accepted as statutorily homeless and owed a duty to house will lose their priority status if they refuse a ‘suitable offer of accommodation’.

If a customer does not reply to an offer within 2 working days of receiving the offer it is deemed to have been refused and the property will be offered to the second customer on the shortlist.

Where the customer has given their consent for someone to either act on their behalf or receive the offer, we will ensure notification is provided to them.

5.12 Local Lettings

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Partner organisations may draw up local lettings policies for an area or estate to meet the specific needs of that local community. Local lettings policies may be used to tackle particular management problems and/or to address imbalances in the community.

Schemes will be drawn up where either, local residents or partner organisations have identified its benefit to the local community. These arrangements will be agreed and reviewed by the Partnership.

Where such a scheme applies a property may not always be offered to the bidder with the highest priority. Local Lettings schemes will be publicised on the Cumbria Choice website and available in leaflet form to ensure openness and transparency in the lettings process.

5.13 Feedback on Lettings

A main aim of the Cumbria Choice scheme is to operate an open and transparent lettings system.

The result of lettings made through the scheme will be published on the Cumbria Choice web site and at the end of the property advert newssheet.

5.14 Other Options

A further aim of the scheme is to promote other potential housing options appropriate to applicants. These might include shared ownership/shared equity properties, mutual exchanges, private rental and lodgings. Partner landlords will raise awareness of these options and support and advice to applicants considering such options.

With regard to mutual exchanges, all partners are members of the national mobility scheme and the Cumbria Choice website provides a link to this scheme. The option to mutually exchange will in particular be promoted to applicants who under-occupy their homes. Partners will proactively seek to identify exchange opportunities for applicants who under-occupy, as well as advising of other potential options to enable downsizing.

Section 6 The Review Process

Customers who want to query a decision made in relation to their application to register and any other subsequent decisions are first able to speak to the Officer making the decision to have that decision clarified or amended. This is

49 Page 93 outside the review process and does not affect a customer’s right to ask for a formal review of the decision.

6.1 There is a right to a review of a decision in the following situations:

• The customer disagrees with the band in which they have been placed. • The customer considers that a decision has been reached based on incorrect information. • The customer has been treated as ineligible on the basis of their immigration status. • They have been treated as ineligible to join the register due to serious unacceptable behaviour. • Their application has been given reduced preference.

6.2 Customers will be notified in writing of decisions made in respect of the review and will be advised of their right to request a further review of that decision.

6.3 Where a customer is excluded or suspended from the Register they will be given full information on the reason for the decision. They will be advised of what action they need to take to rectify the situation and any appropriate advice or assistance available.

6.4 Customers must request a review of a decision within 21 days of being notified in writing, unless there are exceptional circumstances.

6.5 Customers must contact the partner organisation dealing with their application and will be advised to put their request in writing. However they are able to telephone or visit an office in person and request that their request for a review is taken in writing by an Officer. They must give reasons why they believe an incorrect decision has been made.

6.6 The review will be carried out by a senior officer in the organisation dealing with the application. That officer will not have been involved in making the original decision.

6.7 Cumbria Choice will aim to complete and inform the applicant in writing of the decision within 21 working days, after taking into account any additional information that has been provided by the customer. Alternatively, the customer will be advised of any time extension required to make the decision.

6.8 The customer will be advised of the reasons for the decision and their right to request a further review if they are dissatisfied with the decision.

6.9 Customers must request a further review within 21 days of being notified in writing of the review decision. Customers will only be entitled to a further review if they have new information relevant to their case, that they want the review panel to consider.

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6.10 Customers will be required to request a further review in writing and to submit additional information with their request. They will be advised that they are able to seek assistance from the partner organisation to make this request.

6.11 A review of the decision will be considered by a panel of at least 2 officers from within the partnership and one tenant representative. It will not include officers from the organisation that dealt with the review.

6.12 Cumbria Choice will aim to complete the second review and inform the applicant in writing, of the decision within 21 days of receiving all information from the customer. This period may be extended on notification to the customer.

6.13 A customer still has the right to continue with their complaint to the Ombudsman service.

Section 7 Appendices

7.1 Appendix 1 – Definition of Terms

Choice Based Lettings (CBL) - The system of letting property that gives customers choice in where they live through advertising property.

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Common Housing Register – One list for all of Cumbria of people applying for social housing (previously ‘housing waiting lists’).

Banding Scheme – the method by which customers are prioritised for social housing (previously ‘points schemes’).

Customers - those people applying to the scheme for housing.

Bidding - the term used to describe people who register an interest in a property (no money is involved in making the bid).

Adapted Property - property that is suitable for those with a physical disability i.e. where a stair lift has been fitted.

Effective Date - the date used to decide between customers in the same Band to establish who has waited longest.

Fully Occupied – the bedrooms in the property are being fully used in terms of the household occupying the property in accordance with the table in Appendix 4. When they are not fully used the property could be considered underoccupied.

Global Band / Local Band – In most cases a Band awarded applies for properties in all local authority areas and is therefore global. In a few cases defined in the policy a band only applies within the local authority area where the applicant is living and is referred to as a local band.

The Partnership – the name for the District Councils and housing organisations that have funded, developed and continue to operate the scheme.

Letting Policy - the means by which it is decided how property will be offered to customers.

Local Lettings - short term policy made in local areas (to tackle specific, identified housing management issues) on how property will be offered that differs in some part from the overall scheme policy.

Social Housing Providers - the term for a variety of housing organisations that provide not for profit housing and included local authorities, housing associations.

Housing Options - a term used to describe a service that advises customers of all their choices and includes mutual exchanges, low cost home ownership and renting in the private sector.

Accessibility - used here the term refers to how ‘user friendly’ the service is to all people who may want to use it.

52 Page 96 Void Times - the length of time a property stands empty before someone is able to move in.

Hard to Let - low demand property where it takes longer to find a tenant.

Management Discretion - available property that is not advertised but offered straight to an identified person.

Automatic Bidding - within the ICT system a means of expressing an interest in a property for someone, without them needing to make the bid themselves.

Starter/Probationary Tenancies - the tenancy given to new tenants by some organisations that has reduced security of tenure for 1 year.

7.2 Appendix 2 - Contact Details for all Partner Organisations

Accent Housing Association Ambassador House Dalton Road Barrow-in-Furness LA14 1HZ

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Allerdale Borough Council Allerdale House New Bridge Road Workington CA14 3YJ Tel: 01900 702702

Barrow Housing Department Cavendish House 78 Duke Street Barrow-in-Furness LA14 1RR Tel: 01229 876523

Carlisle City Council Civic Centre Rickergate Carlisle CA3 8QG Tel: 01228 817200

Copeland Borough Council The Copeland Centre Catherine Street Whitehaven CA28 7SJ Tel: 0845 0548600

Derwent & Solway Housing Association Stoneleigh Park End Road Workington CA14 4DN Tel: 01900 607500

Eden District Council Mansion House Friar Gate Penrith CA11 7YG Tel: 01768 817817

Eden Housing Association Blain House Bridge Lane Penrith CA11 8QU Tel: 01768 861400

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Home Group The Copeland Centre Catherine Street Whitehaven CA28 7SJ Tel: 01946 517650

Impact Housing Association Nook Street Workington CA14 4EH Tel: 01900 842100

Riverside Housing Association English Gate Plaza Botchergate Carlisle CA1 1RP Tel: 0845 3458500

Two Castles Housing Association 3 Castle Street Carlisle CA3 8SY Tel: 01228 547463

South Lakeland District Council South Lakeland House Lowther Street Kendal LA9 4DQ Tel: 01539 733333

South Lakes Housing (ALMO) Little Aynam House Little Aynam Kendal LA9 7AH Tel: 0845 0570080

7.3 Appendix 3 - Eligibility

The Cumbria Choice Scheme acknowledges that it is the main access to social rented housing for people wanting to live in Cumbria. In this respect it aims to be as open and inclusive as it can be to those people wanting to apply to the Register. It aims to make the scheme accessible to all, to encourage

55 Page 99 applications from people from all parts of the community, and to ensure that its policies and procedures do not discriminate.

Cumbria Choice scheme does operate a policy of not accepting onto the Register those Customers who are ineligible due to serious unacceptable behaviour. This action is taken for the following reasons:

• Partner organisations within Cumbria Choice have a responsibility towards their existing tenants to put in place policies that allow them to live in safe and stable communities. • Cumbria Choice wants to promote through its allocation policy the importance of good tenant behaviour amongst both existing and future tenants.

How decisions on eligibility will be administered: • Blanket exclusions are unlawful and will not be made: an individual assessment will be made based on the circumstances relevant to each case. • The partnership will ensure consistency in making decisions • Decisions will be authorised by a senior officer.

A customer’s eligibility for housing will be considered: • At the time he or she applies to join the CBL Register • At the point at which he or she is to be considered for an allocation of property

1.0 Ineligible due to Serious Unacceptable Behaviour

1.1 Part 6 of the Housing Act 1996 as amended by the Homelessness Act 2002 (section 160A (7)) allows the Local Authority to treat a person as ineligible where:

‘The applicant, or any member of his household, has been guilty of unacceptable behaviour serious enough to make him/her unsuitable to be a tenant’ ‘And at the time of the application, the customer is still unsuitable to be a tenant because of that behaviour’

1.2 When reaching a decision on whether an applicant is ineligible Cumbria Choice will follow the code of guidance for local authorities 2002 which sets out the 3 steps to consider when making an assessment:

• Is the behaviour unacceptable?: Behaviour will be regarded as unacceptable if it would have entitled the housing authority to a possession order if the applicant had been a secure tenant. This will be applied whether or not the applicant was actually a secure tenant. The behaviour must relate to the customer or a member of their household. Behaviour that relates to a person

56 Page 100 who is no longer a member of the household cannot be taken into account. e.g. an ex-partner. • Is the unacceptable behaviour serious enough to make the applicant unsuitable as a tenant of the landlord?: Where there would be entitlement to a possession order the partnership will need to ensure that the behaviour was serious enough to make the person unsuitable to be a tenant of one of the housing organisations in the partnership. • Is the behaviour current or has it improved?: Unacceptable behaviour will be behaviour at the time the application is considered. Previous unacceptable behaviour may not justify a decision to consider the applicant as unsuitable, if that behaviour can be shown to have improved. • Where all three steps of the assessment have been satisfied the applicant will be treated as ineligible. • Each decision will be taken based on the individual circumstances of the case. Where a decision is taken to treat a person as ineligible to join the register the information will be collated by the officer and passed to a senior officer for authorisation.

1.3 Identifying Serious Unacceptable Behaviour:

• Housing records: this will identify the level of action taken by the housing organisation. Letters; Notice seeking Possession; injunctions; intention/actual Court action. • Note: where possession action was taken and was unsuccessful, then serious anti-social behaviour cannot be assessed has having occurred. (in these cases the customer’s application will be assessed for reduced preference) • Reports obtained from previous or current landlords • Reference to information held by other statutory and/or voluntary agencies. This includes information gained from police reports and where in operation through the information sharing protocol with the Police. • Customers who have unspent criminal convictions will be treated as ineligible for accommodation where they are guilty of serious offences that would threaten the safety of a local community. The Scheme will liaise with support agencies, the Police and Probation Service to consider the housing options for these applicants, where appropriate. Spent convictions will not be taken into account.

The type of offences that should be considered are:

• Owing significant rent arrears or other housing debt – in most cases it is likely that the debt will be over £1,000.

57 Page 101 • The use of dwellings for the cultivation, supply and use of drugs, especially class A drugs. • Persistent and widespread criminal activity including domestic burglaries and vehicle crime. • Physical assaults, especially those resulting in physical injury, including domestic violence. • Serious damage to property, including dwellings and cars, for example arson attacks and windows being smashed. • Serious threats of violence and damage, including threats to kill, threats to petrol bomb. • Serious disorder, in particular associated with groups. • Very serious and persistent noise nuisance over long periods of time. • Persistent and offensive verbal abuse, due to a person’s religion, ethnicity, sexual orientation, disability or other factors. • Applicants who have had action taken against them for racially motivated offences. • Applicants who have had action taken against them for homophobic motivated offences. • Persistent and offensive verbal abuse or threats of violence to staff or the agents of partner organisations in the Cumbria Choice scheme. • A combination of persistent behaviours, which while low level in themselves, taken together over time have a serious negative impact on the quality of life for individuals and communities.

Evidence required to support an applicant being ineligible to join the register for reasons of the individual’s behaviour/conduct:

• Copy of the Injunction • Copy of any other Court Order • Copy of correspondence confirming intention to take further court action after service of Notice seeking possession • Copy of correspondence to confirm intention to seek possession after service of Notice on an introductory or starter tenancy. • Copy of suspended or outright possession order • Copy of ASBO • Case history of serious unacceptable and/or criminal activity, eg. correspondence, police logs, reports from other statutory or support agencies

• Evidence required where an applicant is ineligible due to wilful damage to a partner organisation’s property: • A report detailing the specific damage to the property • Photographs of the condition of the property • Details of the cost of the repairs required to reinstate the property

• Evidence required where an applicant has been violent or threatened violence to a member of staff or agent of a partner organisation:

58 Page 102 • A report detailing the incident along with confirmation that it has been reported to the Police • Evidence of follow up action, for example an injunction

1.4 Customers who have unspent criminal convictions will be treated as ineligible for accommodation where they are guilty of serious offences that would threaten the safety of a local community. The Scheme will liaise with support agencies, the Police and Probation Service to consider the housing options for these customers, where appropriate. Spent convictions will not be taken into account.

1.5 Where a customer’s behaviour is deemed to be unacceptable due to a disability the relevant support agencies will be contacted. A decision will then need to be made as to the level of support someone may need to sustain the tenancy. If the level of support is deemed to be sufficient they will be accepted onto the housing register. 1.6 In situations where the customer has been accepted as priority homeless with a duty to re-house but is excluded from the register – these cases will be dealt with by negotiation between the parties outside the Cumbria Choice Scheme.

1.7 Consideration will be given to a customer making a new application if they are able to demonstrate with evidence, that the behaviour which led to the exclusion has changed and that there are no further incidents of serious unacceptable behaviour. The views of any support agency involved with the customer will be sought.

The onus is on the customer to make a new application. Customers can re-apply at any time.

1.8 In cases relating to serious offences or serious anti-social behaviour, periods in prison will not automatically be considered as evidence that unacceptable behaviour has ceased.

1.9 Customers that are ineligible to join the Register will be informed of the decision in writing and will be given the full reason for the decision.

1.10 Customers will be notified of what they need to do to be able to re-apply and where appropriate will be given advice on agencies to contact to assist them with this.

1.11 Customers will be notified of their right to request a review of the decision.

59 Page 103

7.4 Appendix 4 - Household Type and Property Size

This table provides guidance on the size of home that different types of household can bid for on Cumbria Choice. This is supplemented by the more detailed information which each housing provider places in individual advertisements and in guidance published on the Cumbria Choice website.

Household Bedsit 1 bed 2 bed 3 bed 4 bed 5+bed

Single person D D

2 Adults D D (couple) 2 Adults (non D couple) * Single 1 D child Single 2 child Single 3 Child Single 4 or more children Couple 1 D child Couple 2 child Couple 3 child Couple 4 or more children

∗ Some providers may only allow households with children to bid on houses

Key

= Number of bedrooms allowed for this type of household

= number of bedrooms allowed for this type of household subject to the ages of the children. Two children under the ages of 10 are usually expected to share a bedroom. Two children of the same sex are usually expected to share a bedroom until they are 16. Once a child is 16 a separate bedroom is allowed.

1 Page 104 D = allowed by discretion only when stated in the advertisement. This is most likely to apply in one of the following circumstances • There is low demand for the type of property in the location • There is lack of supply of smaller homes in the location • A local lettings or s106 policy applies

NB Households with access to children will not be able to include them as part of the household when looking at eligibility for property size.

2 Page 105 Appendix 2 - NB changes to Policy are shown in red

Local Lettings Policy for South Lakeland District Council area

1. Introduction

This document sets out a Local Lettings Policy for former Council homes, now owned by South Lakes Housing, in the district of South Lakeland in accordance with para. 5.13 of the Cumbria Choice Allocation Policy.

The aim of the policy is to assist with achieving sustainability in rural communities and support people with a local connection to retain their links with their communities. In particular it sets out to help rural communities retain families who are often priced out of local housing markets. The settlements covered by the policy have lost most of the stock of family council housing through the right to buy and the few remaining family homes are rarely available for relet.

2. Properties covered by the policy

2.1 The local letting policy described here is for houses and bungalows owned by South Lakes Housing in the settlements listed. These are all settlements where evidence from Housing Needs Surveys demonstrate that the small number of lets usually available annually are insufficient to meet existing housing need in the parishes concerned.

2.2 The policy also follows the principles of the Council’s planning approach which is set out in the Core Strategy ie. requirement that new affordable homes include a local occupancy restriction to the Local Area Partnership area. LDNP takes a similar approach in its Core Strategy.

2.3 The settlements included either have a population of less than 3000 which are “designated rural areas” or within a National Park. (Designated areas under 1980 Statutory Instrument 1345 Housing Right to Buy (Designated Regions) Order)

2.4 The settlements listed are those which still contain some former Council homes which are unprotected by s106 agreement or Covenant .

(NB. Most properties in South Lakeland owned by Housing Associations other than South Lakes Housing are already subject to a Covenant or Section 106 Agreement (Town and Country Planning Act 1990) which impose local occupancy restrictions. The local occupancy restriction in a s106 or Covenant continue to apply under Choice Based Lettings and will be detailed in the advert for the property)

2.5 Flats in the settlements listed are not covered by the local lettings policy.

2.6 Sheltered Housing is not included in this local lettings policy.

3. Priority under local letting policy

In the case of a letting of a house or bungalow in these settlements the following priority will be applied:

Priority will be given to applicants with a local connection to the Local Area Partnership area where the property is located.

3 Page 106

3. Priority under local letting policy

In the case of a letting of a house or bungalow in these settlements the following priority will be applied:

Priority will be given to applicants with a local connection to the Local Area Partnership area where the property is located.

Table 1 below lists the LAP areas and the settlements containing Council properties which are located in each LAP.

Local Area Parishes included in LAP Settlements containing Partnership area Council homes covered by Local letting policy Lakes Lakes, Windermere, Ambleside, Bowness, Skelwith. Chapel Stile, Elterwater, Grasmere, Windermere High Furness Coniston, Torver, Bouth, Broughton Beck, Satterthwaite, Claife, Broughton in Furness, Hawkshead, Duddon, Coniston, Finisthwaite, Kirkby Ireleth, Colton, Hawkshead, Kirkby in Lowick, Blawith & Furness, Penny Bridge, Subberthwaite, Egton with Satterthwaite, Spark Bridge, Newlands, Mansriggs, Osmotherley. Ulverston & Low Aldingham, Pennington, Gleaston, Leece, Little Furness Urswick, Ulverston Urswick, Great Urswick, Swarthmoor, Grange & Cartmel Haverthwaite, Lower Allithwaite, Backbarrow, Allithwaite, Lower Holker, Cark in Cartmel, Cartmel, Grange-over-Sands, Flookburgh, Haverthwaite, Broughton East, Upper Lindale, Allithwaite, Staveley-in- Cartmel, Cartmel Fell. South Westmorland Burton-in-Kendal, Arnside, Beetham, Burton, Hincaster, Holme, Lupton, Crook, Crooklands, Hutton Roof, Arnside, Crosscrake, Crosthwaite, Beetham, Preston Patrick, Endmoor, Farleton, Preston Richard, Sedgwick, Hincaster, Holme, Levens, Stainton, Natland, Lupton, Mealbank, Meathop, Milnthorpe, Heversham, Milnthorpe, Natland, Crosthwaite & Lyth, Newbiggin, Oxenholme*, Witherslack, Meathop & Sedgwick, Stainton, Storth, Ulpha, Helsington, Levens, Witherslack Crook, Underbarrow & Bradleyfield . (*Oxenholme participates in the Kendal LAP but is considered a rural community for housing purposes) Sedbergh & Kirkby Kirkby Lonsdale, Mansergh, Barbon, Casterton, Dent, Lonsdale Casterton, Barbon, Kirkby Lonsdale,Sedbergh, Middleton, Dent, Garsdale, 4 Page 107 Sedbergh, Killington, Firbank. Upper Kent Longsleddale, Fawcett Burneside, Grayrigg, Ings, Forest, Whitwell & Selside, New Hutton, Old Hutton, Whinfell, Docker, Staveley Lambrigg, Grayrigg, New Hutton, Old Hutton & Holmescales, Burneside, Skelsmergh & Scalthwaiterigg, Kentmere, Staveley-with-Ings.

4. How local priority works

4.1 Local connection is defined in the same way as South Lakeland District Council’s Core Strategy (see Appendix 1 below)

4.2 When a home from the settlements above is advertised priority will be given to the applicants from the local area partnership area over other applicants with no local connection to the LAP area whatever band the applicant has been placed in. (NB Applicants will need to indicate localities where they have a local connection in their application form and will need to be able to provide proof)

4.3 The person with a housing need with the highest priority from Bands A to D who also has a local connection to the Local Area Partnership area will normally be the successful applicant. This is subject to the house size and type being regarded as suitable for the needs of the applicant in accordance with Appendix 4 of the Cumbria Choice policy. In instances where the applicant would not fully occupy the property South Lakes Housing will consider supply and demand in the locality in deciding if the let is suitable for the applicant.

4.4 Applicants from outside the Local Area Partnership would only be considered in the case when no one from the relevant LAP area who is eligible and would suitably occupy the home requests the property.

5. The South Lakeland Local Letting Policy will be reviewed at least annually

A group comprising representatives from South Lakeland District Council and South Lakes Housing will review the policy to ensure that it is meeting the aims described in s1. The group will consider evidence including a) evidence of housing need from the waiting list and housing needs surveys b) evidence from lettings of properties in the area covered by the local lettings policy, including demand and the priority band of the bidders. c) evidence of demand from the across the South Lakeland Area. d) Consultation with stakeholders such as Cumbria Rural Housing Trust and parish councils / affordable housing groups in the areas covered by the Local Lettings Policy.

5 Page 108

Appendix 1 – Definition of Local Connection

An applicant has a local connection to the locality of the LAP if any of the following circumstances apply

• The intended household has, immediately prior to such approval, been continuously resident in the locality for three years; or • The intended household has, immediately prior to such approval, been permanently employed or has a firm permanent job offer in the locality. Permanent employment will be taken to include contracts for a minimum of one year’s continuous employment, and the self-employed, on provision of evidence of a viable business; or • They are currently in the Armed Forces, in prison, in hospital or similar accommodation whose location is beyond their control, and immediately before moving to this type of accommodation they lived in the locality for at least three years; or • Former residents (who previously lived in the locality for a period of at least three years) who wish to return to the locality having completed a post-secondary (tertiary) education course within the past three years; or • They need to live in the locality either because they are ill and/or need support from a relative who lives in the, or because they need to give support to a relative who is ill and/or needs support who lives in the locality. Proof of illness and/or need of support will be required from a medical doctor or relevant statutory support agency; or • They previously lived in the locality for most of their lives and left the locality less than ten years ago (“Most of the applicant’s life” will be interpreted as over half of the applicant’s life up to the point that they left the locality, or a continuous period of twenty years up to the point they left the locality); or • They lived continuously in the locality for two years or more prior to being accepted as homeless under the Homelessness Act 2003 and placed in any form of temporary accommodation outside of the locality for up to a maximum of two years • They spent at least ten years of their school education in the locality but who left the locality over ten years ago.

Dated 16/8/2012

6 Page 109 Appendix 3 Appendix 3

Accessibility Policy – May 2012

Section 1 What does the Accessibility Policy aim to achieve?

Cumbria’s choice based lettings scheme is designed to give people more choice and control and to encourage as many people as possible to access suitable social housing. Whilst the scheme will allow most people to participate fully giving them an equal chance of finding a home of their choice, some people will need additional help to access the scheme. The duty to provide this help falls on partner organisations as service providers under current Equalities Legislation. It is reasonable to expect that some of those in the highest bands are more likely to need additional help because of the circumstances which have resulted in their higher housing need.

Assistance will be provided with the aim of allowing the customer to make their own choices/decisions. It is important that it does not remove the customer’s responsibility and power to control the process. The intention is to train all staff dealing with enquiries to make appropriate decisions as to the assistance required and to have the knowledge to direct the customer to the most appropriate places to access support. The aim of all advice and assistance is to give the customer the necessary support to make their own decisions about their housing options.

Section 2 Who may need additional help?

The following are groups who may be more likely to need additional help (This is not an exhaustive list and help will be tailored according to need)

• Older people who have difficulties getting out and about or have become isolated. • Those with a physical disability. • Those who have difficulties reading and understanding written information. • Those with a learning disability • Those with a mental health problem • Those who live a chaotic lifestyle due to such things as: substance misuse, homelessness • Those not currently at home eg in hospital, in the forces, in prison • Those where English is not their first language 7 Page 110 • Young people and care leavers • Those with family difficulties eg. lone parents, teenage parents, low income families, domestic violence • Those living in remote rural areas • Gypsies and travellers • Those who may feel excluded from services due to for example, sexual orientation

Section 3 What assistance will the members of the partnership provide?

Awareness of Cumbria Choice The partnership will continue to work to publicise Cumbria Choice – its website and contact details of the individual partners. The ways this will done are detailed below. By using a wide number of means the partnership seeks to ensure all the groups mentioned above can easily be aware of Cumbria Choice as the way of accessing social housing in Cumbria.

Removing barriers to those who may find obtaining and understanding information about available properties and bidding more difficult

1. The full allocations policy will be available to anyone on request. Easy to read guides to the system will be sent to all customers wanting to register on the scheme. This would include a summary guide to the Allocation Policy and a guide to using the scheme e.g. how to register an interest in a property. All these guides will be on the website and the web-based virtual guide to using the scheme will be on the website. All scheme guides will be available on request in other formats, such as large print, on CD and in other languages.

2. The advertisements for properties with adaptations will clearly indicate the adaptations which have been made and the people for whom the property would be suitable.

3. All property adverts will make use of picture symbols to identify the facilities in the properties.

4. The partnership believes using the internet to access Cumbria choice has many advantages and will seek to assist customers to use the internet where possible. However there will also be flexibility to help people who cannot or do not wish to use the internet. Other ways of bidding will be explained clearly to customers. These other methods are: • Through telephoning any partner organisation office • Automated bidding (ie the computer system is set up to place an automatic on properties of a type and location specificed by the customer) • Ringing the low cost automated telephone line • Through sending a text message • In person at any partner organisation office • Through agreement of the use of proxy bidding

8 Page 111 5. All information that goes out to customers at every stage will advise about the availability of assistance and will give contact names and numbers. Customers will be advised that they are able to contact any partner organisation office to seek help in completing a registration form, to enquire about properties that are being advertised, to place an interest in a property etc.

6. When customers are contacted at the yearly review stage they will again be asked if they require assistance and will be sent contact details.

7. All partner organisation staff will be given training and regular updates about the scheme and the assistance that will be available. They will be informed and supplied with guidance on the questions they need to ask and the options available to customers eg. Languageline, proxy bidding, posting of individual adverts.

Section 4 How we aim to work effectively with other organisations, including the voluntary sector

• Cumbria choice will maintain a list of stakeholder agencies and will inform them of changes to Cumbria Choice and offer training. They will be supplied with named contact for each partner organisation operating Cumbria Choice in order to resolve any day to day operational difficulties for their clients. Partners organisations will be sent an update on Cumbria choice a minimum of 2 times a year.

• Organisations will be asked if they wish to receive the weekly newssheet of advertised properties and where they do request this, it will be emailed weekly.

• In the event of a difficulty with Cumbria Choice, issues about a specific customer are best discussed with the named contact at Cumbria Choice, or if necessary by following Cumbria Choice’s official complaints procedure. In the case of a more general concern about the operation of Cumbria Choice, the organisation may contact the Chair of the Board (currently Lucy Reynolds, South Lakeland District Council) for potential discussion at a Cumbria Choice Board meeting.

Section 5 How can Cumbria Choice offer customers wider housing options information

There are two main ways in which Cumbria Choice will support its customers with housing options advice

1) It will ensure that customers have access to support from the trained housing officers of the partners who let properties through Cumbria Choice

9 Page 112

• A customer who may have potential difficulties or requiring assistance does not automatically have a high priority for housing and may not be successful in bidding for a property due to high demand.

• Cumbria Choice recognised the importance of helping ensure customers receive appropriate advice to enable him / her to resolve his / her housing situation.

• Where appropriate housing officers from Cumbria Choice organisations will work in liaison with support workers or family members who provide support to the person. Advice would cover areas such as reviewing their housing situation and requirements in conjunction with more ‘realistic bidding’ choices, the support available, and where appropriate alternative housing options.

2) The Cumbria Choice website will include additional information about alternative housing options and links to further housing advice

• The site will include information to help customers understand the relative popularity of different properties and will include and links to information about other housing options and sources of housing advice.

• The scheme will also be used to advertise properties with private landlords and it is intended to increase the number of private properties advertised over time.

Section 6 How will we monitor that the Accessibility Policy is working?

Cumbria Choice Board receives monitoring information on a quarterly basis This will include data monitoring by equality groups and will help the Board to identify if any groups appear to be disadvantaged under Cumbria Choice

Reports will be set up showing • The percentage of registrations by Band compared to allocations for groups that may suffer disadvantage under Cumbria Choice • Length of time to make a successful bid by groups that may suffer disadvantage compared with average time to make a successful bid • Numbers of those registered but not bidding groups that may suffer disadvantage compared with the average for those registered but not bidding

The Board will also monitor complaints, appeals and issues raised by stakeholders to identify if any groups are having particular problems with using and accessing housing through Cumbria Choice.

10 Page 113 Good practice check list – Cumbria Choice accessibility policy 1. Identifying and supporting applicants who may need additional help

Checklist for officers dealing with applicants

1. Applicants who tick yes to the question “Do you require help to use this scheme eg. Applying for advertised properties “ to be contacted individually to check what sort of help they need. 2. Anyone who has contacted for this reason should receive the following help a) Explanation of how Cumbria Choice works and bidding options b) Reach agreement on a bidding option which is appropriate and acceptable to them 1. If they do not have internet access suggest someone else can bid for them if this is an acceptable solution for them 2. They can phone in we ekly to be updated on properties available and a Housing Officer can place the bid for them 3. Newsheets can be posted out for a maximum of 6 months and if interested in a property the applicant can make bids by phone 4. They can be placed on auto -bidding based on their property / location requirements

Checklist for landlord organisations

1. All staff involved with CBL have read and understand the Cumbria Choice Accessibilty Policy. 2. All staff with contact with CBL applicants should have received training on recognising applicants who may need additional help, the bidding options available and what can be offered to applicants who may find it less easy to access Cumbria Choice online 3. The annual review letter should again offer the applicant help

4. A report should be run by the organisation at least every 3 months which will allow them to identify people in Band A and B who have not been bidding. The organisation should follow this up to find out why they are not bidding and if they need assistance. In the case of those who are in Band A because of homelessness there will need to be liaison with the Homelessness Team.

2. Promoting knowledge of Cumbria Choice as the way to access Social housing and other housing options in Cumbria

The partnershi p

1. The partnership will support marketing of the Cumbria Choice scheme from its budget when approached with suitable proposals from local authority partners. 2. The partnership will ensure that where possible links from other organisations websites are established to the Cumbria Choice website (eg Age UK and other voluntary organisations) 3. The Cumbria Choice will be developed to include information or links to wider housing advice and housing options (eg. Letting agencies, low cost home ownership) 4. An up to date contact list of organisations which may be supporting customers

11 Page 114 of Cumbria Choice will be maintained. These organisations will receive twice yearly updates of Cumbria Choice, contact details of officers and the offer of training if required. Individual organisations

1. Each local authority will identify a number of suitable methods to promote Cumbria Choice in its area. These could include paid adverts in local papers, free newspapers, information with Council Tax bills. The partnership can provide funding to support this when presented with suitable proposals. 2. Each organisation including Local Authorities should ensure they display up to date information on Cumbria Choice in their public areas and that is updated when necessary. 3. A list of public access points where a Cumbria Choice poster can be displayed should be drawn up. (It is suggested that the largest housing provider in each authority take a lead on this but should be supported by the smaller providers / LA in the area) Suggested places are: • Supermarkets • Job centres • GP surgeries • Libraries • Citizen advice bureaus 3. Monitoring Cumbria Choice

The Partnership

Statistical reports which help to identify inequality issues will be received by the Board on a quarterly basis as detailed in the Accessibility Policy The Board will follow up any issues of accessibility difficulties brought to its attention by individual partners or by stakeholder organisations. The Board will require each partner to report annually on its success in carr ying out the tasks detailed in this checklist.

4. Letting properties in rural settlements, especially those subject to s106 or local lettings policy

( rural settlement is often considered to be one with a population of less than 3000. The good practice points are particularly relevant to places where vacancies are rare ie. less than 5 per year) Individual officers and landlord organisations

An advertising board showing the organisations name and Cumbria Choice contact details to be displayed at the property Notification of the vacancy is sent to the relevant parish clerks (contact details available on www.calc.org.uk ) as soon as the void is notified to the Housing Association including details of when is expected the property will appear on Cumbria Choice Restrictions on bidders allowed to apply for the property by size should be avoided (eg an applicant should not be prevented from making a bid on a 3 bed home when they have two children of the same sex under 10). Preferences for the size of the household can be explained in the ad and those not meeting these criteria would be skipped if necessary. Parish clerks should be contacted to check details of parish boundaries or to verify local connections issues if there is any doubt.

12 Page 115 Appendix 4

Registrations and allocation for Cumbria Choice 2011-12 Table 1 Allocations made in each local authority area by priority band

Number2011-12 WHOLE YEAR FROM START OF CBL in May 2012 A B C D D+ E Allerdale Borough Council 76 46 232 54 73 13 494 Barrow Borough Council 61 53 110 14 9 3 250 Carlisle City Council 108 46 201 39 55 6 455 Copeland Borough Council 72 31 176 33 38 4 354 Eden District Council 16 18 53 19 25 5 136 South Lakeland District Council 36 30 69 12 25 4 176 Whole partnership 369 224 841 171 225 35 1865

Percentage of allocations by priority bands A B C D D+ E (%) (%) (%) (%) (%) (%) % of all lettings Allerdale Borough Council 15.4 9.3 47.0 10.9 14.8 2.6 26.5 Barrow Borough Council 24.4 21.2 44.0 5.6 3.6 1.2 13.4 Carlisle City Council 23.7 10.1 44.2 8.6 12.1 1.3 24.4 Copeland Borough Council 20.3 8.8 49.7 9.3 10.7 1.1 19.0 Eden District Council 11.8 13.2 39.0 14.0 18.4 3.7 7.3 South Lakeland District Council 20.5 17.0 39.2 6.8 14.2 2.3 9.4 Whole partnership 19.8 12.0 45.1 9.2 12.1 1.9 100.0

Table 2 Allocations made to statutorily homeless by district Number of allocations made to someone owed All a full homeless allocations % of allocations duty by the by local made to District local authority authority homeless

Allerdale Borough Council 33 494 6.68 Barrow Borough Council 20 250 8.00 Carlisle City Council 88 455 19.34 Copeland Borough Council 51 354 14.41 Eden District Council 11 136 8.09 South Lakeland District Council 25 176 14.20

Total of all Local Authorities 228 1865 12.23 13 Page 116

Table 3

Table showing applicants registered in each authority on 18/4/12

Numbers S ALLERDALE BARROW CARLISLE COPELAND EDEN LAKELAND

A 54 45 70 64 5 38 276 B 83 46 73 33 20 60 315 C 606 478 908 626 219 646 3483 D 651 598 1211 618 234 766 4078 D+ 734 336 1300 497 416 1068 4351 E 489 257 475 221 169 342 1953 Total 2618 1760 4037 2059 1063 2920 14457 Percentages S ALLERDALE BARROW CARLISLE COPELAND EDEN LAKELAND

A 2.1 2.6 1.7 3.1 0.5 1.3 1.9 B 3.2 2.6 1.8 1.6 1.9 2.1 2.2 C 23.1 27.2 22.5 30.4 20.6 22.1 24.1 D 24.9 34.0 30.0 30.0 22.0 26.2 28.2 D+ 28.0 19.1 32.2 24.1 39.1 36.6 30.1 E 18.7 14.6 11.8 10.7 15.9 11.7 13.5 101.0 100.0 100.0 100.0 100.0 100.0 100.0

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Page 118 Appendix 5

EIA Title: Cumbria Choice allocation policy

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 119 Step 1

Summarise the subject and expected outcomes of this EIA. This EIA assesses the revised Cumbria Choice allocations policy. SLDC is a member of this countywide housing allocation scheme so the policy serves as the SLDC housing allocation scheme. An EIA was completed when the Allocation policy was originally adopted. The policy has been reviewed and some small changes made though the fundamentals of the policy remain unchanged. The EIA therefore considers if the changes proposed would have any detrimental effects on the protected characteristics.

Who are your main stakeholders and list any engagement undertaken (include surveys, feedback forms, complaints, statistics etc). Stakeholders: Housing Applicants. Housing advice and other voluntary / statutory organisations working with vulnerable people or people with housing problems.

In the course of the review all stakeholder organisations were sent a questionnaire asking of their views on the operation of CBL in Cumbria since May 2011. In addition an independent consultant was employed to undertake a targeted survey of applicants to consider if choice based lettings was working satisfactorily in terms of equality and diversity. The intention was to use these pieces of work to inform any changes to the actual policy document and to consider if any improvements could be made to the operation of Cumbria choice.

The stakeholder survey pointed out a few number of small issues but generally supported CBL as a more transparent housing allocation than previously. A few clarifications have been made to the policy as a result but it did not highlight major difficulties.

The applicant survey identified that there are some groups who perceive that CBL is a mainly internet based system and therefore feel isolated from it. However these problems were more to do with how partner organisations work with customers than with the basis of the policy. As a result of this the partnership has updated its Accessibility Policy and included an action plan. This concentrates on partners identifying applicants who say they need extra help with CBL at application stage and making sure suitable methods are made available to them to access CBL. This could be via post, phone calls or “auto bidding” depending on individual circumstances.

2 Page 120 Step 2

Equality Action Plan

In providing this service will there be any Mitigating Lead Complete negative impacts on the following people? actions (to Officer Y/N 1. Age (young and old) avoid negative & 2. Black and Minority Ethnic impact): When 3. Disabled 4. Faith/Belief 5. Sexual Orientation 6. Gender 7. Gender reassignment 8. Pregnancy and maternity 9. Marriage and Civil Partnership 10.People in rural areas

(See glossary below for definitions)

 Older people (who are less likely to make See step 1 above CBL regular use of the internet) may be Board disadvantaged.  People in rural areas need extra help to See step 1 above CBL make sure they do not miss properties Board that do become available  Changes to policy will slightly change the NA priority for rehousing of people in many of these groups – it is not believed that any one group will affected more than another. 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)

The revised CBL Accessibility Policy details existing good practice and proposed improvements.

Examples: rurality – use of advertising boards for void properties in rural areas Older people and those with less access to the internet – individual contact to be made at application stage with those who indicate they need help using CBL. Further help to be offered at annual review.

All partners will now be asked to complete a check list to ensure good practice already followed by some is shared across the partnership.

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.

3 Page 121 Date: EIA Author(s): Assistant Director: Document version number: 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: 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.

4 Page 122 Item No.12

PART I

South Lakeland District Council Cabinet/Council Meeting Date: Cabinet: 19 September 2012 Council: 27 September 2012 Report Author s: Tony Whittaker, Strategic Housing and Enabling Team Leader Jayne Kendall, Economic Development Group Manager Portfolio s: Councillor Jonathan Brook, Housing and Development Councillor Graham Vincent, Communities and Well Being Report from: David Sykes, Director of People and Places Wards affected: Grange South Key Decision: See paragraph 4.7 of this report

Council-owned Land at Berners Close, Grange over Sands 1.0 PURPOSE OF REPORT 1.1 To authorise, in principle, the sale of Council-owned land at Berners Close, Grange over Sands to enable new affordable and market housing, part of which would be a community-led development; and to approve the development and submission of applications to the Heritage Lottery Fund (HLF) for the Former Outdoor Pool (Lido). 2.0 RECOMMENDATIONS It is recommended that Cabinet: 1. Agree, in principle, to sell site A (Appendix 1 attached) at less than best consideration to Two Castles Housing Association to enable the development of affordable housing. The terms and conditions to be agreed by Delegated Executive Decision. 2. Agree, in principle, to sell site B (Appendix 1 attached), on the basis set out in paragraph 5.5, on the open market for housing with appropriate conditions to ensure any development compliments the overall scheme. The terms and conditions to be agreed by Delegated Executive Decision. 3. Agree, in principle, to sell site C (Appendix 1 attached) at less than best consideration to Grange Town Council (GTC) on long leasehold on the basis that GTC secures funds from the Homes and Communities Agency

Page 123 (HCA) and provides a long lease of the land to one of the Council’s housing association partners to enable a community-led development of affordable homes. The terms and conditions to be agreed by Delegated Executive Decision. 4. Agree, in principle, to the demolition of the Berners Close swimming pool subject to the appropriate approvals. 5. Agree, in principle, to the use of site D (Appendix 1 attached) as a public car park. The details to be included in a future report. 6. Recommend that Full Council approve, in principle, that an appropriate and sufficient level of capital funds received from the sale of sites A, B, C and F are ring-fenced for the redevelopment of the Former Outdoor Pool - Lido Site E (Appendix 1 attached) and the development of a new public car park (site D). The appropriate and sufficient level of funding is subject to the sufficiency of income from the various sources identified. 7. Agree, in principle, to use the receipts relating from the new GP Surgery - Site F (Appendix 1 attached) for demolition of Berners Close swimming pool and other capital costs associated with the Berners development. The expenditure to be agreed by Delegated Executive Decision. 8. An application is prepared and submitted for funding to the Heritage Lottery Fund in respect of the Former Outdoor Pool – site E (Lido). 9. A public consultation event is undertaken, in partnership with Grange Town Council, to enable the local community to contribute towards the detailed plans for the sites. It is recommended that Full Council: 1. Approve, in principle, that an appropriate and sufficient level of capital received from the sale of sites A, B, C and F are ring-fenced for the redevelopment of the Former Outdoor Pool - Lido (Site E) and the development of a new public car park (site D) and other infrastructure costs as may be required to facilitate the development. The appropriate and sufficient level of funding is subject to the sufficiency of income from the various sources identified.

3.0 BACKGROUND 3.1 In March 2007 Cabinet approved the Grange Regeneration Study. This study formed part of the evidence base for the production of the Core Strategy Development Plan Document. The Regeneration Study made proposals to consider the coordinated redevelopment of the Berners Close swimming pool site, Former Outdoor Pool (Lido) and Berners Close car park. 3.2 Following public consultation Berners Vision Partnership (BVP) was the preferred developer identified by Grange Town Council. At its meeting, held in Grange, on the 14 November 2008 (Ex/187), Cabinet resolved that BVP were the Preferred Developer and that Officers were authorised to negotiate the necessary agreements to enable the development proposals to come forward. 3.3 Due to the economic downturn it became clear that it would not be possible for the developers to deliver the project as approved. Following the Cabinet meeting

Page 124 on the 17 August 2011 officers continued to meet with the partnership and informed them that detailed information on their proposed development must be received by South Lakeland District Council (hereafter referred to as ‘the Council’) before the end of November 2011 to enable officers to appraise the documents. 3.4 On 23 November 2011 the Council received written notification from South Lakes Hotels (SLH) informing the Council that Russell Armer were withdrawing from the partnership. Russell Armer was to deliver the housing part of the project on the site of the Berners Pool. 3.5 The correspondence said that the approximate costs of submitting a planning application for this sensitive site including ecology, landscape, noise and air quality surveys, flood risk assessments, the cost of negotiating with Network Rail together with utilities, drainage and highways, an arboriculture survey and legal fees could cost in the region of £180,000. SLH stated that the infrastructure costs post planning permission could be in the region of three quarters of a million pounds and proposed extensive changes to the project. 3.6 Cabinet agreed that the proposal had materially changed from that which was originally tendered by BVP and accepted by the community of Grange and the Council following extensive public consultation. If the Council was to proceed on the basis proposed by SLH it could face a legal challenge from other organisations that tendered and were not successful. 3.7 It was proposed and agreed that the Council formally withdraw from further negotiations with SLH/BVP. 3.8 The GP Surgery which is being delivery by General Practice Investment Corporation Limited (GPI) is still proceeding and is scheduled to be delivered on site towards the end of 2012. This was negotiated as a disposal of Council owned land on a 99 year long leasehold on the condition that the company develop a GP Surgery which will be let to a partnership of GPs (shown as site F at Appendix 1). 3.9 The Former Outdoor Pool (Lido) was recently listed as Grade II which means that proposals to demolish the building are not now acceptable and a re-use for the building is required. 4.0 RESEARCH AND CONSULTATION 4.1 Members and officers have met informally with Grange Town Council to discuss ways forward for the site and Grange Town Council has carried out some initial community consultation (albeit limited). Informal discussions have taken place with the portfolio holders, local ward members and Grange Town Council concerning the Former Outdoor Pool (Lido) and the remaining land at Berners. 4.2 Outdoor Pool (Lido). Officers have spoken with the Heritage Lottery Fund (HLF). Meetings have also been held with English Heritage. Following advice from HLF it is proposed that an options and feasibility study is carried out to enable submission of a stage one application to the Heritage Lottery Fund. The work should include a breakdown of future activity, capital works that would be required an end use and projected maintenance costs. If the stage one application is successful, it would enable further detailed development work to be carried out. This additional detailed work would be required for the

Page 125 submission of a formal stage two application to the HLF which would be for project delivery for which the main amount of match funding from the Council would be required. It is a requirement of HLF applications that match funding supports both the Stage One (Development) Application and the Stage Two (Delivery) Application. It is recommended that the Council provide at least 25% match-funding for both stages. 4.3 Initial work would be undertaken with the community and Grange Town Council and would assess the potential re-use and viability of the building and provide information to take this forward. It is proposed that if approved a first stage application could be submitted in 2013 and that work proceeds to enable this. 4.4 Affordable Housing. The 2011 South Lakeland Strategic Housing Market Assessment identified a need for 115 new affordable homes in Grange over Sands over the next 5 years. Information from the Cumbria Choice scheme (for affordable rented housing) identified 92 applicants with a local connection to Grange who state Grange over Sands as their first choice of location. 4.5 Grange Town Council and the Local Ward Members have been consulted and are supportive in principle of the proposal subject to further detailed ongoing consultation as the project emerges. They are supportive in principle of the proposal to sell the Council’s land to enable the development of new affordable housing for local people as this is supported by the local community (as the results of the previous public consultation, albeit limited, concerning the site has proved). Further detailed consultation will take place in partnership with Grange Town Council. 4.6 The site has no specific allocation in the adopted 1997 Local Plan. This will shortly be superseded by the Land Allocations document which proposes the allocation of the site as a mixed use site with a capacity in the region of 100 dwellings as well as health care uses with the possibility of employment and leisure re-use of the Former Outdoor Pool (Lido). The development will help to meet needs for affordable housing identified in the Core Strategy. The site lies within the Grange-over-Sands Conservation Area and development will therefore have to be to an appropriate high standard. 4.7 Key Decision. Whilst this matter is a Key Decision it is considered that it is impractical to defer until 28 clear days notice is given of this proposal. The chair of the Communities Overview and Scrutiny Committee has been informed and is agreeable to this report proceeding. 5.0 PROPOSAL 5.1 The over-arching aims of the proposal are to enable the development of a high- quality flagship affordable housing scheme (which will incorporate a mix of tenure - rented and shared ownership homes for sale - and house types to meet a wide cross-section of local housing needs including families, young people and older households) and to raise funds for the redevelopment of the Former Outdoor Pool (Lido). The total number of homes is not known at this stage but is estimated to be in the region of 80 to 100. The scheme will be expected to be of a high-quality design and construction and be highly energy efficient. Plans will be devised with full public consultation to ensure local community support.

Page 126 5.2 To ensure a holistic, integrated scheme which is of a high-quality and is cost effective the Council, supported by NPS, will take on a role of coordinating the various strands of the development. 5.3 In order to maximise the number of affordable homes funding from the Homes and Communities Agency (HCA) is required together with funds raised by the developing housing association. 5.4 Council Officers have contacted Two Castles Housing Association about the scheme as they have unallocated HCA funds available to spend within Cumbria. Two Castles is willing to raise its own finance to add to the HCA funding to enable the development of 100% affordable homes on the remaining car park (marked A on the site plan shown at Appendix 1). 5.5 There is a need for an element of market housing within the scheme to generate a capital receipt towards the redevelopment of the Former Outdoor Pool – site E (Lido). It is therefore proposed that the principle of selling this land on the open market but subject to restrictive covenants to ensure the development complements the overall flagship scheme. This may lead to a less than best consideration. Examples of restrictions that could be applied include preventing second home ownership and design principles. 5.6 It is proposed that the swimming pool leisure centre is demolished and this part of the site (marked C) form the basis of a community-led bid for to the HCA for funding. The HCA has a fund of £3m for community-led new affordable housing schemes in the North West. At present only half of this has been allocated. Town and parish councils are able to bid on behalf of their communities. This funding is being allocated on a first-come-first-served basis hence the sooner a bid is made the better. 5.7 Grange Town Council has indicated that it would be willing to work in partnership with the Council to pursue a housing scheme in relation to the site marked C. Grange Town Council would select a housing association partner (from the Council’s list of preferred partners) and devise an appropriate 100% affordable housing scheme in partnership with SLDC (this will include securing nomination rights for SLDC). Once a viability assessment to establish the land value has been undertaken, planning permission obtained and HCA funding has been secured SLDC would grant a long lease to Grange Town Council. Grange Town Council would provide a long-term lease to the housing association. Depending on the outcome of the viability assessment there may be a capital receipt which the housing association would pay to Grange Town Council who would then pay the amount to SLDC for the value of the land. This would all occur simultaneously. There would be no financial gain or loss to Grange Town Council as the amount of money it realises from the lease of the land will be the same as what it would pay SLDC. The Berners Close swimming pool would then be demolished and the affordable homes developed. At the end of the long-term lease period the land would revert to Grange Town Council. However, there will be covenants in place which will ensure that the land remains as affordable housing only and no sale of land can be undertaken. It is important to note that a small number of properties could be sold through the Leasehold Enfranchisement of shared ownership houses, however a covenant will be placed to ensure that any sale or receipt from this

Page 127 practice are used for affordable housing (further details are shown in the ‘risk’ section of the report). 5.8 There will be a need to provide some public car parking to replace the spaces at site A to serve the Former Outdoor Pool (Lido) area once this is redeveloped. Hence it is proposed that the land marked D is developed for use as a public car park (pay and display). 5.9 As yet it is not known what the use of site G will be although discussions have taken place around it remaining as a green recreation site. This will be determined at a later date. This site is too narrow for housing. Any proposal would need to complement the overall scheme 5.10 The previous scheme for the entire site had shown that the former bridge over the railway from the nursery at Berners, which has been removed, would be replaced. One of the reasons that the previous scheme did not proceed was because of the costs that would have been incurred in installing a further bridge, not only in design and build costs but future maintenance revenue costs. As SLDC has now refurbished and re-instated the nearby Clare House Lane Bridge it is considered that this would be suitable to support demand from the new development. Any new development would not be able to pay for the construction of a replacement bridge at Berners Close as all the funds will be required for the redevelopment of the Former Outdoor Pool (Lido). As the former Berners Close Bridge supported a public footpath over the railway, it is proposed to formally consult with Cumbria County Council about re-routing the footpath the few hundred yards to Clare House Lane Bridge. This would be carried out as part of the development. It is critical to the financial viability of the scheme that a solution is found for the public footpath, as the construction of a new bridge is not viable. 5.11 If a bid to the Heritage Lottery Fund is successful the Former Outdoor Pool (site E) could be brought back into a leisure use, but not as an outdoor pool. The level of expenditure that may be required is unknown until further detailed research is carried out. It is certain however that the Council will be required to contribute funding to support an application to the HLF through the capital receipts from the sale of sites A, B C and F,

6.0 ALTERNATIVE OPTIONS 6.1 The Council could sell the entire site on the open market and bank a capital receipt. There is interest from private housing developers in this option. Planning policy would require that 35% of any new homes built are affordable. This option is not recommended as this does not maximise the delivery of new affordable homes which is a Council priority. As the Former Outdoor Pool (Lido) is now listed there are few alternative options. As the owner of the Former Outdoor Pool the Council will have an obligation to maintain it to a certain standard which could become more costly in future years. 6.2 Sites A and B could also be sold to Grange Town Council and sub-let to a housing association in common with the proposal for site C. However, there is not enough HCA funding available through the community-led programme for

Page 128 this. As Two Castles Housing Association has already secured HCA funding this option is not recommended. 7.0 NEXT STEPS 7.1 The Council will work in partnership with Grange Town Council, Two Castles Housing Association and the HCA to devise a flagship housing scheme and the redevelopment of the Former Outdoor Pool (Lido) for a use yet to be decided. Both will be subject to public consultation before any final funding bid and planning application is made. 7.2 Site A – as funding is already secured for this site, subject to planning consent, the new development of affordable homes can be progressed. 7.3 Site B – this will be advertised for sale on the open market. 7.4 Site C – negotiations will continue with Grange Town Council and the HCA and a public consultation event will take place. A funding bid will be made to the HCA. 7.5 Site D – a fully costed proposal for a new car park will be prepared. 7.6 Site E – development work will need to be undertaken on the site prior to the submission of a round-one application to the Heritage Lottery Fund. If this application is successful it will provide funds to develop the project. 7.7 Site F - Site of new GP Surgery. A capital receipt will be received from this development which is scheduled to be completed by the end of 2012. 7.8 Site G – It is initially proposed that this area remains as a green recreation area. 7.9 Footpath – as described in 5.10, this will need to be addressed in the early stages of the scheme. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 This report is seeking approval in principle to progress the various stages of the proposed development set out within it. The detailed financial information with regard to income and expenditure will become clear once the discussions, sales and negotiations have taken place. Future reports will set out the one off and recurring financial implications and the means of funding these. 8.1.2 A sum of money will be secured (by way of a receipt from the new GP Surgery) for the development of the Berners area. The receipt will only become available following signing of the lease for the GP Surgery. This is scheduled to be completed within the next few months and it is hoped that a firm date will be announced shortly by the developer.. It is proposed to use part of this to demolish the Berners Close swimming pool and pay for the development of the new public car park together with any unusual or unforeseen infrastructure costs that may delay the development. 8.1.3 It is proposed to use the capital receipts from the sale of sites A, B C and F towards the redevelopment of the Former Outdoor Pool – site E (Lido) and the development of the public car park. It is not known at this stage how much the receipts will be. The inclusion of an element of market housing will enhance any receipt. This could be used as a match for Heritage Lottery Funds. Whilst an application is to be submitted for the Former Outdoor Pool (Lido) the Council as owners will be required to put significant match-funding towards the

Page 129 development and delivery phases. It is advised at a minimum of 25% for both Stage 1 (Development) and Stage 2 (Delivery) is required. 8.1.4 As owner of this Grade II listed building the Council has full responsibility to ensure that the building is maintained to a certain standard. Until the future use of the building is determined it is not known what the future maintenance costs will be. 8.1.5 NPS Group advises that if sold as a single unit the value of the land in total will exceed the £2milllon limit under S123 of the Local Government Act 1972, so requiring the Secretary of State’s consent to the disposal. 8.2 Human Resources 8.2.1 Not applicable. 8.3 Legal 8.3.1 Terms and conditions of the land sales will be subject to delegated powers and legal agreements drawn up between the parties. 8.3.2 In normal circumstances the disposal of surplus Council owned property by the grant of leases in excess of seven years for less than best consideration (generally market value) would contravene S123 of the Local Government Act 1972. Also the introduction of restrictive covenants, such as restricting the use of land to artificially drive down the disposal value would also be a contravention of that Act. However, under the General Disposal Consent (England) 2003 it is permissible to make disposals at less than best consideration if those disposals contribute to the social, economic and environmental well-being of the area. Such discounts on the disposal price must not exceed £2M in each individual case. 8.3.3 In order to be able to give support in principle to the disposal of sites A and C (and potentially B) members need to be satisfied that the proposals will contribute to the social, economic and environmental well-being of the area. The Delegated Executive Decision reports for these sites will set out a more detailed analysis of any undervalue and the associated social, economic and environmental benefits. There is no prospect of an undervalue in relation to sites A, B or C individually exceeding £2M.

8.4 Social, Economic and Environmental Impact 8.4.1 The affordable and market housing, new public car park and redeveloped Former Outdoor Pool (Lido) area will make a significant positive contribution towards the Council’s social and economic well-being. It will provide much needed affordable housing to local people in housing need. The environmental impact is considered at the planning application stage. 9.0 RISK ASSESSMENT Risk Consequence Controls required There is a risk of Grange It will not be possible to Engage fully and Town Council pursue the community- regularly with Grange withdrawing from the led funding route. Town Council. process. There is a risk that The scheme won’t be Undertake public

Page 130 planning permission will developed. consultation and work not be obtained. closely with partners. There is a risk of the The affordable homes on Engage closely with the HCA funding bid being site C won’t be HCA. unsuccessful. developed. There is a risk that an The Former Outdoor Ensure that sufficient application to the HLF Pool (Lido) will not be detailed work is carried will not be successful. redeveloped. out to make a case to the HLF and that match funding is available to support the Stage one and Stage two applications. Insufficient capital HLF application requires Ensure sufficient receipts receipts from the housing match funding of at least by the including a market developments to match- 25 %. housing element as per fund the redevelopment the recommendation. of the Former Outdoor Pool (Lido) bid. Leasehold Initial purchasers could, A clause can be inserted enfranchisement of in the future, buy the into the land sale shared ownership remaining share of the agreements to ensure houses (flats and older equity thereby the house that funds received from persons bungalows are could not be re-sold as this practice are recycled not affected). This would an affordable home. It is into new affordable affect about 6 houses. unlikely that any homes in Grange over purchasers would be Sands. able to afford this due to high market prices. The initial share sold will be between 25% and 75% and only sold to people who can not afford to buy on the open market. Cumbria County Council This could compromise Work closely with receives objections to re- the viability of the Grange Town Council, route the footpath. development if a new Cumbria County Council bridge is required. and the local community.

10.0 EQUALITY AND DIVERSITY 10.1 Allocation of the new homes will be subject to equality and diversity principles to ensure fairness. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 The review is linked to the Corporate Plan key priority of Housing (‘provide homes to meet need’) and Economic Development (‘creating opportunities for

Page 131 economic growth’) and the performance indicator to enable 400 new affordable homes by 31/3/16. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 The proposals will enable development of approximately 80 to 100 new homes including approximately 60 to 75 affordable homes for local people by March 2015. These will make an important and significant contribution towards meeting evidenced local affordable housing needs. 12.2 The proposals will enable the development of approximately 66 new public car parking spaces with convenient access via Clare House Lane Bridge to the promenade. 12.3 The land transactions will generate funds towards the redevelopment of the Former Outdoor Pool (Lido).

APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Site Plan

CONTACT OFFICERS Tony Whittaker, Strategic Housing and Enabling Team Leader, tel. 01539 717455, email: [email protected] Jayne Kendall, Economic Development Group Manager, tel. 01539 717435, email: [email protected] BACKGROUND DOCUMENTS AVAILABLE Previous Cabinet reports relating to the Berners site are available. South Lakeland Strategic Housing Market Assessment 2011. TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 28/8/12 28/8/12 28/8/12 30/8/12 N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 19/9/12 N/A 27/9/12 28/8/12 28/8/12 Human Resource Services Manager N/A

Page 132 APPENDIX 1 – Site Plan PURPOSE OF APPENDIX 1 The purpose of this Appendix is to show the parcels of land within the overall site.

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Page 136 Item No.13

PART I

South Lakeland District Council CABINET Meeting Date: 19 th September 2012 Report Author: Caroline Leigh, Corporate Asset Manager Portfolio: Cllr David Evans (Policy, Performance & Resources Portfolio) Cllr Graham Vincent (Communities and Wellbeing Portfolio) Report from: Michael Keane, Assistant Director (Strategic Planning) Wards affected: Kendal Highgate Key Decision: Not applicable Forward Plan: Not applicable ABBOT HALL LEASE EXTENSION 1.0 PURPOSE OF REPORT 1.1 This report is presented to Cabinet to request permission to extend the lease and boundary of the Abbot Hall lease to Lakeland Art Trust. 2.0 RECOMMENDATIONS It is recommended that Cabinet approve in principle that:- (1) the long lease to Lakeland Art Trust for Abbot Hall is extended by another 54 years at less than best consideration as is currently once Lakeland Art Trust have secured funding; (2) the boundary of the lease is extended as detailed in Appendix 1; and (3) the details of the terms and conditions of the lease and boundary extension are to be approved under delegation by the Assistant Director (Strategic Planning). 3.0 BACKGROUND 3.1 The Lakeland Art Trust (LAT) currently have a long lease at a peppercorn rent over land and buildings around Abbot Hall as per Appendix 1. From December 2012 there will be 45 years remaining on this lease. 3.2 Abbot Hall Bowls Club has permission to park 5/6 cars in the parking area between Abbot Hall and the Museum of Lakeland Life. The Club also has a right to use the bowling green to the front of Abbot Hall. 3.3 LAT has identified through a masterplan study that the site is in need of renewal and refocus. There are limitations to the exhibition space at Abbot Hall in terms

Page 137 of floor space and environmental conditions, which means obtaining loans of artworks and the ambition of shared exhibitions to become increasingly problematic. There are also access issues into the building and parts of the building are becoming increasingly tired. 3.4 LAT have also identified that the Museum is not fit for purpose to 21 st Century visitor expectations and needs renewal. Furthermore, LAT have ambitions to accommodate their growing education programme. 3.5 The masterplan has also identified the need for Abbot Hall to draw links with the surrounding public realm, such as the park, riverside walks and the church yard to increase engagement. This also included Abbot Hall’s café. 4.0 RESEARCH AND CONSULTATION 4.1 A number of meetings have been held with the LAT to discuss their funding bid and their long term aspirations for Abbot Hall. 4.2 The Ward Member has been informed of these discussions and is in principle supportive of the aspirations of LAT. 4.3 LAT has also undertaken early consultation with a number of groups such as Kendal Futures, The Brewery Arts Centre, Arts Council England, Kendal Parish Church, English Heritage and visitors to the site. 5.0 PROPOSAL 5.1 Through the masterplan the LAT Board now wishes to develop the facilities and programming at Abbot Hall. This will, subject to funding, involve; • Upgrading the first floor Gallery space in Abbot Hall, improving access and allowing more ambitious exhibitions to build visitor numbers both locally and to the area. • Relocation of the café from its current location on the lower ground floor of Abbot Hall to the stable block (currently home to part of the Museum), to enable interaction with the park and users of the wider area and to provide less cramped seating accommodation and better catering facilities. • New building to replace the currently derelict storage sheds close to the Peppercorn Lane entrance to the site, to house an art store, archive and library space, raising the art store above flood risk levels. • Creation of a new fit for purpose education space, either within a new building or accommodated within the stable block. • Rationalisation of parking in the two squares to allow for the animation of those spaces, through outdoor café seating and other outdoor programming in the summer months. Consideration of the front bowling green as a space for activities in the summer. 5.2 The aim of these proposals are to increase footfall to Abbot Hall by developing exhibitions, public learning and community programmes, more attractive catering offer and room hire which will broaden Abbot’s Hall appeal to local residents and visitors to the area. 5.3 LAT is developing the funding strategy to deliver this and there is an immediate opportunity to apply to Arts Council England’s Capital Funding Programme and they could also apply to the Heritage Lottery Fund, who both express a

Page 138 preference for freehold. By approving in principle that LAT lease can be extended for another 54 years at a peppercorn rent, this will demonstrate to funders that LAT have a long term hold over the area as the lease length will be effectively a long lease of 99 years. This will significantly strengthen the strategic case for funding as it demonstrates SLDC’s commitment to the long- term future of Abbot Hall as a place of culture, heritage and art and will further aid in the projects chances of success at the funding stages. 5.4 LAT are also requesting through this masterplanning exercise to widen the boundary of the lease to accommodate their aspirations for the site and allowing for a more cohesive management of the site. This would allow LAT to consider activities in the public realm surrounding the buildings, such as pop up art or catering on the bowling green to encourage connections between Abbot Hall and the riverside walk. It will also enable LAT to consider use of the square, for outdoor performances, events, family activities and overspill for café seating. It has been made clear that the site needs to remain open to the public to access from the park and riverside. 5.5 LAT have stated that alternative parking will be provided for the Bowling Club and that they have been made aware in the past about the use of the lawn in front of Abbot Hall. Currently the Bowling Club does not use the bowling green in front of Abbot Hall. 6.0 ALTERNATIVE OPTIONS 6.1 The alternative is not to permit the lease or boundary extension. This is likely to mean that LAT will not be successful in their funding bid and the aspirations for improving the site and visitors to the area will not be met. 7.0 NEXT STEPS 7.1 LAT are aiming to deliver this programme of development over 2 phases in the next 5 to 6 years. The first phase will be the development of Abbot Hall’s exhibition space, relocation of the café and the temporary provision of education space. The second phase is the renewal and relocation of the Museum, the development of permanent education space and the provision of art store library and archive facilities. 7.2 LAT will be taking forward their discussions with the Arts Council and other potential funders. 7.3 The Council can offer the lease and boundary extension subject to the funding and can complete the lease once the funding has been secured. It is proposed that this can be arranged through delegated authority. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 The green space at the front of Abbot Hall will no longer be maintained by the grounds maintenance contract and the value of this work can be carried out else where in the District, otherwise there are no other financial implications to the Council. 8.2 Human Resources 8.2.1 N/A

Page 139 8.3 Legal 8.3.1 It is considered that the grant of the lease extension and boundary is in the best social, economic and environmental interest of the district as it enables Abbot Hall to continue to develop to be a sustainable venue for art, culture and heritage for local residents and visitors to benefit. This means that under the General Disposal Consent (England) 2003 it is permissible to grant the lease at less than best consideration. 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 as the service will not change. 9.0 RISK ASSESSMENT Risk Consequence Controls required SLDC does not further The aspirations for the Positive discussions to engage with LAT site to continue to be continue with LAT sustainable may not be achieved 10.0 EQUALITY AND DIVERSITY 10.1 An equality and diversity impact assessment has not been carried out as it was not considered necessary. This will be considered as part of the planning consent process. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 Culture & Wellbeing – use of our parks and open spaces to enhance our unique cultural identity and increase accessible participation in cultural activities across the district. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 LAT has a real opportunity to renew Abbot Hall, ensure its continued success and contribution to the cultural, civic and economic life of Kendal and the surrounding area. By providing the lease and boundary extension this will enable SLDC to support this. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Existing Lease Boundary Plan and Proposed Extension

CONTACT OFFICERS Caroline Leigh, Corporate Asset Manager – [email protected]

BACKGROUND DOCUMENTS AVAILABLE None

Page 140 TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 18/06/2012 18/06/2012 18/06/2012 28/06/2012 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 18/06/2012 19/06/2012 Human NPS Resource Services Manager N/A 20/06/2012

Page 141 Page 142 ABBOT HALL LEASE EXTENSION – APPENDIX 1 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to provide a plan showing the existing lease boundary plan and the proposed extension

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