Items
No. |
Item |
30. |
Minutes
To receive as a correct record the minutes of
Cabinet held on Tuesday 3 July, 2012 (previously
circulated).
Minutes:
The minutes of the meeting held
on Tuesday 3 July 2012 were approved as a correct
record.
|
31. |
Items of Urgent Business Authorised by the Leader
To consider any such items authorised by the
Leader and to consider where in the agenda the item(s) are to be
considered.
Minutes:
The Chairman advised that there were no items
of urgent business.
|
32. |
Declarations of Interest
To consider any such declarations.
Minutes:
No declarations were made at this point.
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33. |
Public Speaking
To consider any such requests received in
accordance with the approved procedure.
Minutes:
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 Adoption of Dog
Control Orders (Minute 34 refers).
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34. |
Adoption of Dog Control Orders PDF 173 KB
(Cabinet Member with
Special Responsibility Councillor Leytham)
Report of the Head of Health & Housing
Minutes:
(Cabinet Member with Special Responsibility Councillor
Leytham)
Mr Adam Hanlon who had registered to speak in
accordance with the City Council’s agreed procedure and
Cabinet Procedure Rule 2.7 addressed the meeting on this item and
responded to questions raised by Cabinet Members.
Cabinet received a report from
the Head of Health & Housing to seek approval to make Dog
Control Orders.
The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:
Three straightforward options reflecting responses received
during public consultation were presented in the table
below. Officers advised against Option
3. Members might make DCOs on any other basis than the recommendations
contained in the report. However there
might be complications and it would be necessary to address legal,
financial and practical implications before finalising any DCO
formulated differently than either Option 1 or 2.
|
Option 1: Adopt the DCOs
as proposed in the consultation
document, including amendments so that the Dogs on Leads DCO does
not apply to cycle ways or to quiet rural lanes with speed limits
of 40mph or higher
|
Option 2: Adopting the DCOs as
originally proposed, retaining control under the Dogs on Leads DCO
for cycle ways and all highways
|
Option 3: Do not adopt the DCOs
|
Advantages
|
·
Reflects the majority of representations made during
the public consultation.
·
Enables less able-bodied people to continue to
exercise dogs off leads on the flat hard surfaces of ‘cycle
ways’.
·
More consistent and less confusing
enforcement.
·
More rapid, effective and efficient enforcement
using Fixed Penalty Notices, compared to the majority current
method of prosecuting through the court system.
·
Supportive of Dogs on Leads under Direction DCO in
areas not included in a Dogs on Leads
DCO.
|
·
More consistent and less confusing
enforcement.
·
More rapid, effective and efficient enforcement
using Fixed Penalty Notices, compared to the majority current
method of prosecuting through the court system.
·
Supportive of Dogs on Leads under Direction DCO in
areas not included in a Dogs on Leads
DCO.
|
·
Saving on staff time to implement new Dog Control
Orders, and advertising or signage costs.
|
Disadvantages
|
·
None identified
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·
Unpopularity within local communities of applying
Dogs on Leads DCO to cycle ways and roads with a speed limit over
40mph.
·
Reduced availability of off-lead dog exercise areas,
particularly in areas where there are few alternatives.
·
Need for additional enforcement compared to Option
1.
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·
Continuation of the current enforcement system which
is inconsistent and confusing for the public.
·
Unnecessary expense and complications in having to
prosecute for offences instead of applying fixed penalty notices
available under option 1 or 2, leading to delays and lower
efficiency and cost-effectiveness.
·
The extent of land within the district on which
regulatory dog controls apply would remain limited.
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Risks
|
·
The decision concerning Dogs on Leads would not
reflect the views of a minority of consultees
|
·
The decision to go against the majority opinion of
consultees could lead to some public
dissatisfaction.
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·
The decision not to introduce available dog-related
regulatory measures for public ...
view the full minutes text for item 34.
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35. |
Waste/ Recycling Collection- Updated Policies for Householders PDF 92 KB
(Cabinet Member with
Special Responsibility Councillor Smith)
Report of the Head of Environmental
Services
Additional documents:
Minutes:
(Cabinet Member with Special Responsibility Councillor
Smith)
Cabinet received a report from
the Head of Environmental Services to seek approval for a
set of updated policies for household waste collection /
recycling.
The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:
|
Option
1:To
adopt the set of policies outlines
|
Option
2: To adopt only parts of the policies
outlined
|
Option
3: Not to adopt the policy
outlined
|
Advantages
|
Clear
guidelines for officers to work to.
Consistent
service to householders.
Encourages
householders to maximise recycling.
Achieve the
success measures set out in the corporate priority Clean, Green
& Safe Places.
Continue to
deliver the objectives of the Lancashire Waste Strategy
2008-2020
Supports
the control measures for monitoring costs of replacing wheeled bins
and recycling boxes .
Can be
delivered within existing budgets.
Tried and
tested and adapted to local needs.
|
Clear
guidelines for officers and consistent service to householders
where parts of the draft Policy have been adopted.
|
|
Disadvantages
|
|
Lack of
clarity and consistency, where parts of the draft Policy have not
been adopted.
Potential
of not
achieving all the objectives of Clean, Green & Safe
Places.
May not be
possible to deliver within existing budgets.
Not tried
and tested
|
No clear
guidelines for officers to work to.
No
consistency in service to householders.
No
restraint to grey bin capacity to householders.
|
Risks
|
Dissatisfaction of some householders that the
quality of the service falls below their level of expectation
|
|
Dissatisfaction of some householders at
perceived differences in level of service
The
potential to lead to continued budget requests, through the budget
process, if requests for replacements continue to rise.
|
Option 1 – to formally agree the tried
and tested set of policies as set out above was the officer
preferred option. The adoption of these
would provide clear and consistent guidelines for both officers and
householders, encourage householders to
maximise recycling and make the most efficient use of limited
Council resources.
Councillor Smith proposed, seconded by
Councillor Hamilton-Cox:
“(1) That Cabinet
approves the waste / recycling collection updated policies for
householders as appended to the minutes.”
Councillors then voted:-
Resolved unanimously:
(1)
That Cabinet approves the waste / recycling collection updated
policies for householders as appended to the minutes.
Officers responsible for effecting the decision:
Head of Environmental
Services
Reasons for making the decision:
The decision will enable
the waste/recycling collection policies, which have been designed
to take account of the diverse needs of the residents of the
district, to be applied consistently
throughout the district. The policies
have evolved over a long period of time and have been reviewed and
updated to take into account feedback from residents, elected
members, staff and best practice from other areas.
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36. |
Second Homes Funding 2012-13 PDF 120 KB
(Cabinet Member with
Special Responsibility Councillor Blamire)
Report of the Head of Community Engagement
Minutes:
(Cabinet Member with Special Responsibility Councillor
Blamire)
Cabinet received a report from the Head of Community Engagement
to consider and confirm arrangements for application and decision
making processes for Second Homes Funding for 2012 –
2013.
The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:
|
Advantages
|
Disadvantages
|
Risks
|
Option 1
A two fold process to include smaller and larger
grants with indicative allocations
|
Flexible approach that
allows funds to be steered towards projects of all sizes
Inclusive and accessible for
organisations of all sizes and varying capacity
Allows investment in both
larger, collaborative initiatives with longer term benefits and
also specific initiatives assisting individual organisations and
the services they deliver
Likely to promote good value
for money by encouraging applications for funding at levels
appropriate to the size and scope of the project
|
Range of proposals likely to
be broader making decision making processes more complex
|
Categories will need to be
treated separately to ensure fair consideration of bids
|
Option 2
All grants limited to £10,000, or agreed
alternative ceiling, to support individual bids to support
development and sustainability
|
Easier to access for all
eligible organisations
Possible to approve more
individual applications
|
Larger initiatives creating
higher, longer term benefits would not be eligible.
No scope to underpin support
structures which are required by many organisations
Lost chance to increase
sustainability, develop sector wide opportunities and achieve
efficiencies in relation to VCF and Arts organisations for the
future
Administrative costs likely
to increase
|
None specifically
noted
|
Option 3
All grants limited to £50,000 or agreed
alternative ceiling, to support larger collaborative bids to create
longer term sustainable benefits across organisations
|
All funds focused on larger
initiatives with wider and longer term benefits
|
Likely to exclude smaller
organisations
Likely to preclude specific,
smaller scale but useful initiatives
|
None specifically
noted
|
Option 4
Carnforth
Local Information Centre is funded, at
this stage, within Options 1 and 2
|
This would provide the
funding to allow the Information Centre to continue for a further
two years
|
No means of assessing the
proposal against scheme criteria
No current arrangements in
place to assist other organisations facing immediate
difficulty.
|
No clear business plan has
been submitted and assessed so no way to ascertain whether the
Information Centre will be able to operate at a sustainable level
after funding has ceased
|
The officer
preferred option was Option 1. This
approach was accessible to more potential applicants and encouraged
a broader range of proposals. Any
additional complexity arising from this was likely to be very
manageable within the processes proposed.
Cabinet
members views were sought on Option 4, which could be considered
alongside the funding arrangements described in Option 1 or 2.
Councillor Barry proposed, seconded by
Councillor Blamire:-
“(1) Cabinet approves the
proposed arrangements to allocate £294,808 of Second Homes
Funding through an open bidding process to Voluntary, Community,
Faith and Arts organisations including Friends Groups.
(2) That the fund
is promoted as the Take ...
view the full minutes text for item 36.
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37. |
Acceptance of external funding for Lancaster District CSP PDF 66 KB
(Cabinet Member with
Special Responsibility Councillor Smith)
Report of the Head of Environmental
Services
Minutes:
(Cabinet Member with Special Responsibility Councillor
Smith)
Cabinet received a report from
the Head of Environmental Services to agree to the acceptance of
external funding and act as accountable
body, on behalf of Lancaster District CSP.
The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:
|
Option 1: Accept the
funding
|
Option 2: Reject the
funding
|
Advantages
|
The CSP
projects can go ahead as planned
|
None
|
Disadvantages
|
None
|
Another
accountable body would need to be
found.
|
Risks
|
Council
resources are required to investigate and put right any issues
identified in the running of the planned projects
|
A delay in
agreeing the funding arrangements for these projects could
jeopardise their implementation
|
The Officer preferred option was Option
1. The Council has acted as
accountable body for CSP funds for a
number of years and has overseen the successful delivery of many
projects that meet the aims and objectives of the Council and its
partners. It was therefore requested that the Cabinet authorised
the acceptance of funds on the CSP’s behalf.
Councillor Smith proposed, seconded by
Councillor Hamilton-Cox:-
“(1) That the recommendation, as set out in the report,
be approved.”
Councillors then voted:-
Resolved unanimously:
(1) That the City
Councilaccept
£47,000 of external funding during 2012/13 on behalf of
Lancaster District CSP, and that as in previous years acts as
accountable body for that funding.
Officers responsible for effecting the decision:
Head of Environmental
Services
Head of Resources
Reasons for making the decision:
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38. |
Empty Homes Enforced Sale Procedure PDF 71 KB
(Cabinet Member with
Special Responsibility Councillor Hanson)
Report of the Head of Regeneration and
Planning
Additional documents:
Minutes:
(Cabinet Member with Special Responsibility Councillor
Hanson)
Cabinet received a report from the Head of Regeneration &
Planning to seek approval for the adoption of an Enforced Sale
Procedure as a mechanism to bring problematical long-term empty
dwellings in the private sector back into habitable use in cases
where Council debts have been registered as a local land charge
against the property and not discharged.
The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:
|
Option
1: Adopt enforced sales
procedure
|
Option
2: Do not adopt enforced sales
procedure
|
Advantages
|
Will bring long term empty properties back into use. Help
regenerate the area, provide accommodation and recoup outstanding
debts. It signals the council’s commitment to addressing the
empty property issues.
|
None. Officer time will be relocated to other
projects
|
Disadvantages
|
There will be some additional burden on the authority’s
legal resources
|
These properties will continue to deteriorate, be detrimental to
the community, may detract from private investment and will be a
waste of a valuable asset.
|
Risks
|
Risk of bad publicity if the process is not managed
correctly.
|
These dilapidated properties will continue to have an adverse
effect on the area they are located in.
|
Option 1 was the officer preferred option because it would
remove and/or regenerate long term empty properties, provide
valuable accommodation, recoup outstanding debts and indicate the
Council’s commitment to addressing the empty property
issue.
The use of
the Enforced Sale Procedure should be seen as a last
resort. It
was expected that all informal and formal action would have been
taken and exhausted by the Council in order to resolve the
existence of the empty dilapidated property and its associated
problems. The Council was committed to
carrying out its duties in a fair and consistent
manner. This policy would be applied
having regard to the Council's Public Protection Enforcement Policy
and the Enforcement Concordat in the regulation of private sector
housing.
Councillor Leytham
proposed, seconded by Councillor Hamilton-Cox:-
“(1) That the recommendations, as set out in the report,
be approved.”
Councillors then voted:-
Resolved unanimously:
(1) That Cabinet
agrees to adopt the Enforced Sales Procedure appended to the report
in the agenda.
(2) That Cabinet
authorises Officers to implement the adopted Enforced Sale
procedure in appropriate cases.
Officers responsible for effecting the decision:
Head of Regeneration &
Planning
Reasons for making the decision:
Bringing
empty properties back into use is one of the key actions in
delivering the Council’s health and well being priorities as
set out in the Corporate Plan and has significant community safety
and sustainability benefits.
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39. |
Proposed Introduction of Fees for Pre-Planning Application and Householder Development Advice PDF 105 KB
(Cabinet Member with
Special Responsibility Councillor Hanson)
Report of the Head of Regeneration &
Planning
Minutes:
(Cabinet Member with Special Responsibility Councillor
Hanson)
Cabinet received a report from
the Head of Regeneration & Planning to seek to introduce fees
for currently free householder development advice and pre-planning
application advice.
The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:
|
Option
1: To introduce charges for both
Householder Questionnaire Advice and Pre-Application
Advice
|
Option
2: To introduce a charge solely for
Householder Questionnaire Advice
|
Option
3: To introduce a charge solely for
Pre-Application Advice
|
Option
4: To not introduce charges for either
activity
|
Advantages
|
This would
allow for a more formal and transparent process to the pre-planning
application regimes and would provide added certainty for
developers pursuing development projects. It would also provide an
income stream based on cost recovery which aims to cover the cost
of service demands.
|
This would
allow a fee to be levied for permitted development enquiries which
are time-consuming and are not a statutory function, also providing
an income stream which could potentially support existing service
provision for this element.
|
This would
require a new, formal and transparent process to responding to
pre-application enquiries which would assist Officers and would
provide added certainty for developers pursuing their development
projects. Again this could provide an
income stream which could potentially support existing service
provision for this element.
|
No
advantages to the Service. Although the
activities would remain free of charge to the user, this free
service would need to continue to be limited and this is unlikely
to provide any improvements in service provision.
|
Disadvantages
|
The new
system could potentially be more resource-intensive than the
current informal system, dependent upon developer
interest. The introduction of fees for
Householder Development advice may be off-putting to some
householders, who may choose to continue with a development project
irrespective of whether they require permission or not (although
with lenders often demanding evidence of PD rights this is
unlikely).
|
The
introduction of fees for Householder Development advice may be
off-putting to some householders, who may choose to continue with a
development project irrespective of whether they require permission
or not.
Introducing
a fee for this service activity alone would not respond to the
demand for pre-application advice from developers.
|
The new
system could potentially be more resource-intensive, dependent upon
developer interest.
|
This would
not assist in addressing the capacity issues and ongoing
modernisation of the Development Management Service.
|
Risks
|
The process
would require annual review to be certain that staffing capacity
and fee levels are commensurate with the service being
offered.
|
This is a
service that is currently provided free of charge and so it is
anticipated that it would not result in an increase in workload
which would create staffing capacity issues.
|
The process
would require annual revision to be certain that staffing capacity
and fee levels are commensurate with the service being
offered.
|
Service
provision would continue in accordance with current priorities,
with little capacity for pre-application discussions.
|
Option 1 was the officer preferred
option. This ...
view the full minutes text for item 39.
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40. |
Lancaster Business Improvement District (BID) Draft Proposal PDF 116 KB
(Cabinet Member with
Special Responsibility Councillor Hanson)
Report of Head of Regeneration & Planning
Service
Additional documents:
Minutes:
(Cabinet Member with Special Responsibility Councillor
Hanson)
Cabinet received a report from the Head of Regeneration &
Planning to provide information to enable a decision on endorsing
the draft proposals for the Lancaster Business Improvement
District, to enable progression to a ballot with the aim of
formally establishing the BID. The
report updated Members on potential pre- and post- ballot issues
and resource implications in relation to the role of the City
Council in the BID development/implementation.
The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:
|
Advantages
|
Disadvantages
|
Risks
|
Option 1: Do nothing
|
No
advantages.
|
Loss of credibility with business community.
No
contribution to council’s Corporate objectives.
|
Council
may be in breach of statutory duties to support BID proposer as
defined in BID legislation.
|
Option 2: Endorse the draft BID
proposals reserving formal approval decision on Final Proposals to
an appropriate delegated authority.
|
Gives early indication that the council believes the
BID proposal will benefit the business community.
Clear message to the business community that the
direction of proposals to date is sound and final document is
likely to be compatible with BID regulations and council
policy.
Allows for scrutiny of final proposals to ensure clarifications
and changes are compatible with BID Regulations and policy
framework.
Allows
the Steering Group to develop its pre-election canvassing strategy
and marketing/publishing activities around the BID proposals with
confidence.
|
Reputational implications for council and other statutory
services of “committing” to a baseline service
provision over BID lifetime, even though this is not a legal
commitment.
Allocated resource for BID proposer/partnership to move to
‘BID readiness’ will need to be supplemented by council
officer resources.
Relatively long lead in period to ballot to ensure best possible
chance of success.
|
Council officer resources required pre and post
ballot.
No
guarantee that BID ballot will ultimately be successful.
|
Option 3: Reject the draft
proposals
|
Avoids wasted effort and expense for the Steering Group if
Members are of a mind that based on the content of the draft, a
final proposal would be vetoed.
Allows for revised proposals to come forward more compatible
with council policy and regulatory requirements
|
Reputational implications for council if proposals are not
endorsed without good reason.
Ballot
date will probably be put back. Assuming an approval is secured at
some stage, it may cause the council operational difficulties in
trying to develop its systems in time for 2013/14 billing year
assuming a vote in favour.
|
Risks for the council will mainly be around timing of the ballot
and the ability to implement systems the later in the year a ballot
takes place.
The onus
would be on the Steering Group to ‘turn around’ any
issues in preparing a revised proposal.
|
On submission of a final proposal unless it failed the regulatory and policy tests outlined in paragraph 2.2
of the report the local authority was effectively obliged to
endorse the BID proposal and approve it to go forward to
...
view the full minutes text for item 40.
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