Agenda and minutes

Cabinet - Tuesday, 24th July 2012 10.00 a.m.

Venue: Morecambe Town Hall

Contact: Liz Bateson, Democratic Services - telephone (01524) 582047, or email  ebateson@lancaster.gov.uk 

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.

                     

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).

 

34.

Adoption of Dog Control Orders pdf icon 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

·         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.

 

·         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.

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.

 

·         The decision not to introduce available dog-related regulatory measures for public  ...  view the full minutes text for item 34.

35.

Waste/ Recycling Collection- Updated Policies for Householders pdf icon 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.

 

36.

Second Homes Funding 2012-13 pdf icon 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.

37.

Acceptance of external funding for Lancaster District CSP pdf icon 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:

 

The decision to accept and act as accountable body for this funding will provide a positive impact on the issue of community safety across the District.  The Community Safety Action Plan forms part of the Council’s Policy Framework, and as well as the overarching theme of partnership working, the projects these funds will deliver will impact on the Council’s corporate priorities of:

 

·   Clean and Safe Streets

·   Community Leadership

38.

Empty Homes Enforced Sale Procedure pdf icon 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.

39.

Proposed Introduction of Fees for Pre-Planning Application and Householder Development Advice pdf icon 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.

40.

Lancaster Business Improvement District (BID) Draft Proposal pdf icon 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.