Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday 5 October 2010 (previously circulated). 

The Minutes of the meeting held on Tuesday 5 October 2010 were approved as a correct record.

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

The Chairman advised that there were two items of urgent business. The first was an item regarding Municipal Building Works (Minute 68 refers) and the second was a report regarding the Festivals and Events Programme (Minute 69 refers).

To consider any such declarations. 

Councillor Ashworth declared a personal and prejudicial interest with regard to the Council Assets Funding report, in view of her having been the chair of the Morecambe Music Festival (Minute 64 refers).

Councillors Ashworth and Kerr each declared a personal and prejudicial interest with regard to the Festivals and Events Programme report, as members of Morecambe Town Council (Minute 70 refers).

To consider any such requests received in accordance with the approved procedure. 

Members were advised that there had been a request to speak at the meeting from a member of the public in accordance with Cabinet’s agreed procedure, as set out in Cabinet Procedure Rule 2.7, with regard to the Adoption of the Shoreline Management Plan (Minute 61 refers).

(Decision deferred from October meeting to enable Cabinet members to undertake a site visit)

(Cabinet Member with Special Responsibility Councillor Barry)

Report of the Head of Regeneration and Policy.

(Cabinet Member with Special Responsibility Councillor Barry)

(Ms M Gerrard who had registered to speak on this item in accordance with the City Council’s agreed procedure and Cabinet Procedure Rule 2.7, spoke as a representative member of Cockersands Forum).

Cabinet received a report from the Head of Regeneration and Policy to consider the adoption of the revised Shoreline Management Plan (SMP2).  A decision on this item had been deferred from the Cabinet meeting held on 5 October 2010 to enable Members to undertake a site visit to Cockerham and Sunderland Point (Minute 50 refers).

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Option 1

Members are asked to formally adopt the revised shoreline management plan as a risk management tool for the sustainable management of our coastline.  Whilst there is concern in some communities about the policies being adopted the best available solution has been obtained for these areas within the national parameters laid down by the government.  The SMP2 is the major risk management tool that is being used by central government to allocate priorities for funding of coastal defence works.  Lancaster City Council has in the past relied heavily on access to government grants to protect itself from major coastal flooding.  Whilst a great deal of work has already been completed which has reduced this risk there is still a need for further work to maintain and enhance the existing defences which will maintain the level of protection recently achieved.  A programme of works to replace the existing wave reflection wall, built in the early eighties, which whilst currently serviceable has suffered some deterioration is programmed over the next few years subject to final approvals.  Access to such funds is likely to be at risk if this strategic management tool is not adopted by Lancaster City Council.  In those areas of controversy where the prospect of managed retreat could threaten the current status quo there is a commitment to hold the line for now and review the approach before the next revision of the plan.  For this reason support is recommended at this time.

Option 2

Members may choose not to adopt the plan. Non adoption will put at risk access to funds for any coastal or flooding related grants. Lancaster City Council currently has allocations in its capital programme which are still subject to final grant approval which may be at risk if non adoption is chosen.  This Council can only operate as the local responsible body for Coastal defences if it is adequately funded by the Environment agency and working in partnership with the North West Coastal Group.  Failure to adopt the plan could prejudice this.

Officer Preferred Option (and comments)

The officer’s recommendation is option 1 as this is an important aid to the future management of our coastline and will be an important factor in the determination of financial support that the Council will receive from central government on coastal defence and  ...  view the full minutes text for item 61.

Cabinet Member with Special Responsibility Councillor Bryning)

Report of the Head of Regeneration and Policy.

(Cabinet Member with Special Responsibility Councillor Bryning)

Cabinet received a report from the Head of Regeneration and Policy with regard to joint working arrangements with Lancashire and Cumbria District and County Councils to handle forthcoming major infrastructure projects relating to the upgrading of the national grid and nuclear new build proposals.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Officer Preferred Option (and comments)

Option 2 is the preferred option for the reasons set out.

Councillor Bryning proposed, seconded by Councillor Blamire:-

“(1)      That Cabinet support the creation of operational working and governance arrangements between Lancashire and Cumbria Local Authorities to prepare for engagement in projects submitted to the Infrastructure Planning  ...  view the full minutes text for item 62.

(Cabinet Member with Special Responsibility Councillor Bryning)

Report of Head of Regeneration and Policy

(Cabinet Member with Special Responsibility Councillor Bryning)

Cabinet received a report from the Head of Regeneration and Policy informing Cabinet of the recent public consultation regarding Planning Performance Agreements and sought agreement to adopt a Charter for such agreements in the future, to be used in consideration of the most strategic, major planning applications.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Option 1 – Not to Formally Adopt a Charter: 

This would result in the Planning Service continuing with the present, ad-hoc arrangements for pre-application discussions for major, strategic proposals.  Officers would continue to informally arrange ‘Development Team’ meetings but this process would not be enshrined in a Charter.  It would therefore not direct applicants and developers to keep plans fluid during early stages (to enable them to respond to consultation suggestions) and would not require developers to consider the wider scope of their proposals at an early stage.  New arrangements for community and Elected Member involvement at Development Team meetings would not be adopted.  Finally, the failure to adopt a PPA Charter means that timescales for determining major planning applications would remain at 13 and 16 weeks, rather than agreed, application-specific timescales.  This would result in a continuation of the present system whereby many major planning applications are determined after their national performance indicator target.

Option 2 – To Formally Adopt a Charter:

An adopted Charter would introduce a consistent procedure for the consideration and negotiation of major, strategic planning applications.  Aside from formalising the pre-application process, it would provide greater opportunity for statutory consultees and community groups to be involved earlier in the development process.   It would give greater certainty to all parties regarding the timescale of submission and determination of planning applications.

Officer Preferred Option (and comments)

Option 2 is the preferred option for the reasons set out.  It is considered that formal ratification of the Charter should be via the Council’s Planning and Highways Regulatory Committee.  This is because the Charter is not a planning policy document, but simply a protocol for consideration of planning proposals that will ultimately be determined by the Planning and Highways Regulatory Committee.

Councillor Bryning proposed, seconded by Councillor Blamire:-

“(1)      That Cabinet resolve to adopt a Charter for Planning Performance Agreements.

(2)        That Cabinet determine that the ratification of the Charter should be the subject of formal approval from the Planning and Highways Regulatory Committee.

(3)        That the Head of Financial Services be given delegated authority to update the General Fund Revenue Budget as and when required (outside the normal annual budget process) to gross up additional outsourcing expenditure and associated income for one-off major applications, subject to there being a nil impact on the Council’s resources.

(4)        That for strategic major applications, i.e. spanning more than 1 year, individual reports are brought back to Cabinet for approval prior to the General Fund Revenue Budget being updated.”

After receiving advice from officers the proposer  ...  view the full minutes text for item 63.

(Cabinet Member with Special Responsibility Councillor Langhorn)

Report of the Head of Property Services.

(Cabinet Member with Special Responsibility Councillor Langhorn)

(Councillor Ashworth declared a personal and prejudicial interest in this item having been the Chair of the Morecambe Music Festival and left the meeting prior to consideration of the item).

Cabinet received a report from the Head of Property Services to update Cabinet on items considered by the Council Assets Task Group.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Officer Preferred Option (and comments)

The officer preferred option is Option 1 as this will promote the maintenance and/or restoration of the non-fixed assets and the safekeeping of the historic charters.

Councillor Langhorn proposed, seconded by Councillor Kerr:-

“(1)      That the Charters be relocated to the Records Office in Preston for conservation, storage and safekeeping.

(2)        That the Council accepts the offer of the County Council to produce an initial printed copy of each charter with a CD of images for future use, and to request further copies after conservation works have been completed.

(3)        That the Williamson Family Tree be transferred to the Records Office for conservation, storage and safekeeping and that should the City Council wish to take forward a project relating to Williamson Park in future, to accept the assistance offered by the County Council to fund such a project including the preparation of a copy of the family tree.

(4)       That the existing renewals reserve be used to fund the cost of any maintenance and / or restoration, subject to the outcome of survey. In due course a planned programme would be developed which will allow Members to decide on an appropriate specific budget if need be.

(5)        That a full inventory, valuation and condition survey of the non-fixed assets be procured with the results and implications reported back to Members  ...  view the full minutes text for item 64.

(Cabinet Member with Special Responsibility Councillor Langhorn)

Report of the Head of Community Engagement (to follow).

(Cabinet Member with Special Responsibility Councillor Langhorn)

Cabinet received a briefing note from the Head of Community Engagement together with detailed results of the budget consultation questionnaire.

Councillor Langhorn proposed, seconded by Councillor Kerr:-

“(1)      That Cabinet note the report on the Budget consultation and thank the officers involved.

(2)        That Cabinet Members discuss the comments made by members of the public with their relevant Service Heads and bring forward recommendations to the Cabinet briefing on 23 November 2010.”

Councillors then voted:-

Resolved unanimously:

(1)        That Cabinet note the report on the Budget consultation and thank the officers involved.

(2)        That Cabinet Members discuss the comments made by members of the public with their relevant service heads and bring forward recommendations to the Cabinet briefing on 23 November 2010.

Officer responsible for effecting the decision:

Head of Community Engagement.

Reasons for making the decision:

This will enable Cabinet Members to consider and discuss the responses from the consultation exercise with Service Heads prior to the next Cabinet briefing.

The meeting adjourned at 11.45am and reconvened at 12.00pm.

Cabinet Member with Special Responsibility Councillor Robinson)

Report of the Chief Executive (to follow).

(Cabinet Member with Special Responsibility Councillor Robinson)

Cabinet received a report from the Chief Executive which provided a position statement on the review of all statutory services.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Governance Services (which includes democratic, legal, licensing and human resources)

It is necessary to have in place the legal advice to ensure that the Council acts lawfully.  This service could be provided in different ways and the level of service is not prescribed.  The Council is required to support its members and ensure it employs people in accordance with legislation.  How this is achieved is not set out in statute.  Licensing operates on the basis of income and expenditure balancing, so there is no scope to make savings or increase income.

Property Services

As the council owns land and property and it lets some of that property, the council must comply with statutes as they affect the council in its capacity as landlord and/or tenant. This includes, for example, health and safety requiring appropriate levels of both management and the need to undertake repairs and maintenance. The council is also required to purchase, sell, lease and let property at market value which requires professional advice to authorise individual transactions.

All services could be provided in different ways and the council is currently reviewing its approach to facilities management and other property services in a report to the December meeting of cabinet.

Environmental Services – General

The council is required to provide boundary signs for which there is a budget of £1,500.

The Council is required to provide a Bulky Waste Service. The present arrangements were developed five years ago and as the method of provision is successful the service is extending into other Council areas. This may provide extra income.

The council has a statutory duty to repair, maintain and provide street nameplates.  The budget is £12,600 and is almost at the minimum level.

Tree maintenance is a safety requirement, but this is based on the number of trees on land owned by the Council.  The Council has recently agreed a new policy in respect of tree management with the intention of managing its trees as efficiently as possible.

Refuse Collection and Street Cleansing

It is a statutory requirement to provide a Trade Refuse Collection Service. This is based on demand and the ability of the Council to provide the service at a competitive price.

Waste collection and recycling are statutory services. New arrangements are being brought into place which will continue to meet statutory requirements but at a reduced cost.

The provision of street cleansing is statutory, but only at the most basic level.  The budget is £1.65m which provides for a mixture of planned and reactive services.  It would be possible to provide a minimal service and still meet statutory requirements.

Planning Services – Development Control

Development Control is a statutory function. The level of service provided is driven by the  ...  view the full minutes text for item 66.

(Cabinet Member with Special Responsibility Councillor Langhorn)

Report of the Head of Financial Services (to follow).

(Cabinet Member with Special Responsibility Councillor Langhorn)

Cabinet received a report from the Head of Financial Services to provide an interim update on the Council’s strategic planning for finances and resources in context of the recent Government Comprehensive Spending Review (CSR).

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Council Tax Targets:

For 2011/12 it is considered likely that there is a relatively narrow band of options available to the Council regarding tax increases, from say 0% to 2.5%, assuming that it wishes to avoid any form of challenge.  From the earlier consultation exercise on whether to introduce local referendum arrangements that could veto ‘excessive’ tax increases, it is clear that in one way or another, Government is prepared to tackle authorities that retain plans for higher tax rises.

That said, the outcome of that consultation is not yet known and therefore Government’s firm views on what level of increase may be deemed acceptable are not yet known.

There is a clear financial benefit in recommending a Council tax freeze; there is also a clear disincentive to increase council tax anywhere between just above 0% up to 2.5%.

The main risks attached to any option relate to the ability of the Council to take decisions on matching service levels with the money available to fund them.  Furthermore there is a real risk that actual savings targets prove to be substantially different from those indicated.  To help counter this to a degree, there will be further opportunities to review target increases during the forthcoming budget as more accurate information becomes available.

In terms of options, the impact on Council Tax payers is key and this is particularly so regarding the council tax freeze proposals. There will be reputational, operational and financial risks, opportunities and trade-offs attached to whichever option Cabinet chooses.

Officer Preferred Option and Comments

The decision regarding council tax targets is clearly a matter for Members but that said, both the Chief Executive and the s151 Officer consider it advisable for the Council to take advantage of Government’s proposals and aim for a Council Tax freeze for 2011/12, subject to no other conditions or changes arising in connection with the proposed scheme.

Regarding 2012/13 and beyond, both the Chief Executive and the s151 Officer would advise against planning for a general Council Tax increase outside of a range of say 0 to 2.5% at this time.  In due course more information will become available to inform such target setting.  It may well be the case that from 2013/14 specific changes to the council tax benefit scheme are to be financed through additional flexibilities on council tax and these would need to be considered at the appropriate time.

Whatever Council Tax targets are in place, Members need to have supporting plans in place to achieve a balanced budget.

Councillor Langhorn proposed, seconded by Councillor Kerr:-

“(1)      That Cabinet notes the broad outcome of Government’s Comprehensive Spending  ...  view the full minutes text for item 67.

The meeting adjourned at 1.00pm and reconvened at 1.15pm.

(Cabinet Member with Special Responsibility Councillor Langhorn)

In accordance with Section 100B(4) of the Local Government Act 1972, the Chairman agreed to consider the report as an item of urgent business as a decision was required prior to December’s Cabinet meeting.

The Head of Property Services submitted a report to identify the outcome of the tender process for works to Morecambe Town Hall and request additional funding for works that would improve the buildings to allow additional staff to be accommodated with subsequent savings achieved by vacating Palatine Hall, Lancaster.

The options, options analysis, including risk assessment and officer preferred option and comments, were set out in the report as follows:-

Option 1 is the officer preferred option as this enables the Council to come closer to achieving the Council’s approved policy in terms of access to services, whilst enabling longer term savings to be achieved.

Councillor Langhorn proposed, seconded by Councillor Robinson:

“That the recommendations, as set out in the report, be approved.”

Members then voted.

Resolved unanimously:

(1)        That approval be given to undertaking the additional works in Morecambe Town Hall at the costs identified in the report, to be financed from this year’s existing Capital Programme provisions for Municipal Buildings.

(2)        That approval be given to the Council letting Palatine Hall, Lancaster to the County Council on terms to be agreed by the Head of Property Services and that the Revenue Budget be updated accordingly.

(3)        That subject to (2), approval be given to earmark up to £50,000 of the Capital Support Reserve to facilitate the relocation of services, but  ...  view the full minutes text for item 68.

(Councillors Ashworth and Kerr having both previously declared a personal and prejudicial interest in the following item as members of Morecambe Town Council left the meeting prior to consideration of this item.)

In accordance with Section 100B(4) of the Local Government Act 1972, the Chairman agreed to consider the report as an item of urgent business to enable officers to know at an early stage the money available for next year’s festivals and events.

The Head of Community Engagement presented a report to inform Cabinet of the outcome of the review of 2010 festivals and to bring forward proposals for the 2011 Festivals and Events Programme within the framework of the medium term financial strategy and Corporate Plan objectives.

The options, options analysis, including risk assessment and officer preferred option and comments, were set out in the report as follows:-

There was no officer preferred option.

Councillor Langhorn proposed, seconded by Councillor Robinson:

“(1)      That Cabinet notes the review of 2010 festivals and events.

(2)        That Cabinet agrees in principle to the 2011 Events Programme but request further work be undertaken on the funding of those festivals, in particular to maximise income to those festivals and events.

(3)        That Cabinet supports in principle the merging of these budgets to provide greater flexibility and as a means to reduce costs.

(4)        That the Revenue Budget and budget projection be updated.”

By way of an amendment it was proposed by Councillor Barry and seconded by Councillor Fletcher:

“That the sum allocated to the festivals and events budget be reduced to £35K at this stage.”

Councillors then voted on the amendment.

2 Members voted in favour of the amendment (Councillors Barry and Fletcher) and 4 Members against (Councillors Blamire, Bryning,  ...  view the full minutes text for item 69.

Councillors Ashworth and Kerr returned to the meeting at this point.

Report of the Head of Governance.

(Cabinet Member with Special Responsibility Councillor Langhorn)

The Head of Governance submitted a report informing Members of actions taken by the Chief Executive, in consultation with the relevant Cabinet Members and the Chairman of the Overview and Scrutiny Committee in accordance with the scheme of delegation.

It was moved by Councillor Langhorn and seconded by Councillor Robinson:-

“That the recommendation, as set out in the report, be approved.”

Members then voted:-

Resolved unanimously:

(1)        That the actions taken by the Chief Executive, in consultation with the relevant Cabinet Members and the Chairman of the Overview and Scrutiny Committee in accordance with the Scheme of Delegation, in respect of the following, be noted:-

Land at Edenbreck Farm, Carr House Farm, Lancaster

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The decision fulfils the requirements of the City Council’s Constitution in advising Cabinet of urgent decisions taken by the Chief Executive in accordance with the City Council’s Scheme of Delegation.

(Cabinet Member with Special Responsibility Councillor Barry) 

Oral update, for information only, from the Lancaster Market Cabinet Liaison Group. 

(Cabinet Member with Special Responsibility Councillor Barry)

Cabinet received an oral update on the work of the Lancaster Market Cabinet Liaison Group.

Councillor Barry reported that the market experts had now met with the market traders, Council officers and Members and had undertaken extensive surveys of users and non-users of the market.  A report would be brought to the next meeting of the liaison group on 7 December, 2010.

Resolved unanimously:

(1)        That the oral report be noted.

Officers responsible for effecting the decision:

Deputy Chief Executive

Head of Property Services

Reasons for making the decision:

The terms of reference of the Lancaster Market Cabinet Liaison Group stipulate regular reports to Cabinet.

Members are asked whether they need to declare any further declarations of interest regarding the exempt reports. 

Cabinet is recommended to pass the following recommendation in relation to the following items:- 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraph 12 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following items have been marked as exempt, it is for the Council itself to decide whether or not to consider each of them in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and should balance the interests of individuals or the Council itself in having access to information.  In considering their discretion Members should also be mindful of the advice of Council Officers.  

The Chairman asked for any further declarations of interest from Cabinet Members regarding the exempt report.

It was moved by Councillor Langhorn and seconded by Councillor Kerr:-

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

Members then voted as follows:-

Resolved unanimously:

(1)        That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act. 

(Cabinet Member with Special Responsibility Councillor Bryning)

Report of the Head of Regeneration and Policy.

(Cabinet Member with Special Responsibility Councillor Bryning)

Cabinet received a report from the Head of Regeneration and Policy which was exempt from publication by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

The options and options analysis, including risk assessment, were set out in the exempt report.

Councillor Bryning, seconded by Councillor Kerr, proposed the recommendations as set out in the exempt report.

Councillors then voted:

Resolved:

(7 Members (Councillors Ashworth, Barry, Blamire, Bryning, Fletcher, Kerr and Langhorn) voted in favour and 1 Member (Councillor Robinson) abstained.)

(1)        The resolution is set out in a minute exempt from publication by virtue paragraph 3 of Schedule 12A of the Local Government Act 1972.

Officer responsible for effecting the decision:

Head of Regeneration and Policy.

Reasons for making the decision:

The reasons for making the decision are set out in a minute exempt from publication by virtue paragraph 3 of Schedule 12A of the Local Government Act 1972.