Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 6 October 2020 (previously circulated). 

The minutes of the meeting held on Tuesday 6 October 2020 were agreed as a correct record.

The Chair advised that there were no items of urgent business.

To receive declarations by Councillors of interests in respect of items on this Agenda. 

Councillors are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary 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). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Councillors should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Councillors are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

Councillor Hamilton-Cox declared an ‘other’ interest in the BID renewal report (Agenda item 14) as a member of the BID Management Committee by virtue of his Cabinet portfolio.

The following Councillors declared an ‘other’ interest in the Direction under Article 4 report (Agenda item 7):

·        Councillor Sinclair in view of him residing in one of the areas in Castle Ward that would be impacted.  He confirmed that he had been advised that he did not need to withdraw for that item.

·        Councillor Brookes confirmed that he also lived in one of the areas affected.

·        Councillor Hamilton-Cox declared that he owned a property within the area affected.

·        Councillor Jackson advised that she lived within the affected area.

·        Councillor Parr declared that she resided in Skerton West which was in the affected area.

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 18, with regard to the Lancaster Business Improvement District (BID) Renewal report. (Minute 65 refers).  It was noted that Mr Tony Johnson was experiencing technical difficulties accessing the meeting and therefore the Chair advised the meeting that the order of the agenda would be revised to enable Mr Johnson to address Cabinet when the technical difficulties were resolved.

At this point the Chair requested that standing order 17 (Cabinet Procedure Rule 17) be suspended to allow for questions to be taken from all members as the reports were introduced.  The proposal was moved by Councillor Brookes, seconded by Councillor Sinclair and there was no dissent to the proposal.

Resolved unanimously:

(1)             That Standing Order 17 (Cabinet Procedure Rule 17) be suspended.

(Cabinet Member with Special Responsibility Councillor Hanson)

Report of Director for Economic Growth & Regeneration

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Director for Economic Growth and Regeneration that related to the proposed designation of a conservation area for part of Slyne Road, Skerton, Lancaster. The report informed Cabinet of the outcome of a consultation on the proposals and recommended that Cabinet approved the designation.

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

The officer preferred option is Option 1.

Councillor Hanson proposed, seconded by Councillor Brookes:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet approve the designation of a conservation area for the area in question.

Officer responsible for effecting the decision:

Director for Economic Growth and Regeneration

Reasons for making the decision:

Under section 69 of the Town and Country Planning (Listed Building and Conservation Area) Act 1990, the Local Planning Authority has a duty to consider which parts of their area are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate those areas as conservation areas. Our Local Plan contains policies for the management of conservation areas in response to planning applications for development.  The area in question provides a distinctive and attractive approach to the city, similar to the Greaves Road Conservation Area to the south of the city centre. Although some modern development has undoubtedly left its mark on the area, it remains of special architectural and historic interest and is therefore worthy of designation.

(Cabinet Member with Special Responsibility Councillor Hanson)

Report of Director for Economic Growth & Regeneration

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Director for Economic Growth and Regeneration to consider a proposal for the designation of a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 to remove the permitted development rights for development consisting of a change of use from a Class C3 (dwellinghouse) to a use falling within Class C4 (houses in multiple occupation), contained in Class L(b) of Part 3 Schedule 2 of the Town and Country Planning (General Permitted Development Order). The proposal would mean that planning permission was required to change the use of a dwellinghouse to a house in multiple occupation (with 3-6 occupants). The report sought authorisation for the Director of Economic Growth and Regeneration to proceed with the statutory process and ‘make’ the Article 4.

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

The officer preferred option is Option 1, make a non-immediate Article 4 Direction. This option will ensure protect traditional housing stock and amenity within residential areas, in accordance with policies SP9 and DM13 of the Local Plan.

Councillor Hanson proposed, seconded by Councillor Hamilton-Cox: -

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

Councillors then voted:-

Resolved:

(Councillor Jackson was experiencing technical issues at this time and was not able to participate in the vote.)

(1)        That Cabinet authorise the Director of Economic Growth and Regeneration to make a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 to remove the permitted development rights for development consisting of a change of use from a Class C3 (dwellinghouse) to a use falling within Class C4 (houses in  ...  view the full minutes text for item 63.

(Cabinet Member with Special Responsibility Councillor Hanson)

Director for Economic Growth and Regeneration

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Director for Economic Growth and Regeneration that sought endorsement for the formal commencement of the Lancaster South Area Action Plan (AAP) Development Plan Document (DPD) Plan.

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

Mr Tony Johnson addressed the meeting in support of the Lancaster Business Improvement District (BID) Renewal Draft Proposal.

(Cabinet Member with Special Responsibility Hamilton-Cox)

Report of Director for Economic Growth & Regeneration

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Director for Economic Growth and Regeneration which provided context and information for the endorsement of proposals for a Lancaster Business Improvement District (BID) Renewal Ballot (closing on 11th February 2021) as required by statutory provisions. The report updated Members on the pre- and post- ballot issues and resource implications in relation to the city council’s role in the BID renewal process.

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

On submission of a Final Renewal Proposal the local authority is obliged to endorse the BID proposal and approve it to go forward to a ballot  ...  view the full minutes text for item 65.

At this point Cabinet returned to the debate had had been suspended as detailed in Minute 64.

The recommendations as set out in the report had been proposed by Councillor Hanson and seconded by Councillor Sinclair.

By way of an amendment, Councillor Hamilton-Cox proposed and Councillor Brookes seconded:

“That the following additional recommendations be approved:

(1) Given both the overarching context of the climate emergency and the uncertainty over funding cabinet asks for the AAP and masterplan to be advanced on the basis that the Galgate bypass and connecting road infrastructure may or may not progress.

(2) Given the substantial infrastructure costs of developing new settlements, cabinet asks that the initial work of the AAP should include detailed viability assessments of phases of development.

(3) Given the crucial importance of maintaining and improving biodiversity, cabinet asks that the AAP and masterplan are advanced so as to avoid planned development impacting on the Lancaster canal and adjacent ancient woodland biological heritage sites.”

Councillors then voted on the amendment as follows: -

(3 Members (Councillors Brookes, Hamilton-Cox and Jackson) voted in favour, 6 Members (Councillors Frea, Hanson, Lewis, Parr, Sinclair & Whitehead) voted against whereupon the Chair declared the amendment to be lost.

Cabinet then voted on the original proposition.

Resolved unanimously:

(1)        That Cabinet formally endorses the commencement of work on the statutory stages of preparing the Lancaster South Area Action Plan in accordance with the commitment described in the adopted Local Plan for Lancaster District and the timetable provided in the Lancaster District Local Development Scheme as approved by Council on 29 July 2020.

(2)        That Cabinet authorises officers to commence with the projects as set out in the report.

Officer responsible for effecting the decision:

Director for Economic Growth and Regeneration

Reasons for making the decision:

The Local Development Plan and Development Plan Documents are part of the Council’s Policy Framework. The Council is obliged to prepare and maintain the Development Plan for Lancaster District as described by Section 19 of the Planning and Compulsory Purchase Act 2004. A “Local Plan for Lancaster District”, specifically, the Strategic Policies & Land Allocations Development Plan Document and the Review of the Development Management Development Plan Document, was adopted by Council on 29 July 2020. The Local Plan and the adopted Local Development Scheme commit the Council to preparing an AAP for Lancaster South.

(Cabinet Member with Special Responsibility Councillor Jackson)

Report of Director for Communities and the Environment

(Cabinet Member with Special Responsibility Councillor Jackson)

Cabinet received a report from the Director for Communities and the Environment that outlined the Council’s review of the social housing Allocations Policy and recommended changes to enable the city council to best meet housing need within a backdrop of reduced turnover of council stock and increases in homelessness.

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

The officer preferred option is Option 1. Option 1 to approve the revised allocation policy will ensure the policy meets our statutory duties having regard for current government guidance and legislation. By approving the revised allocation policy, officers will be able to ensure accommodation is made available to our most vulnerable and those in greatest housing need, whilst also making sure we get the best use of the council’s limited housing stock.

Councillor Jackson proposed, seconded by Councillor Brookes:-

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

Councillors then voted:-

Resolved unanimously:

(1)    That the changes be approved, and the revised Housing Allocations Policy 2020       be adopted.

Officer responsible for effecting the decision:

Director for Communities and the Environment

Reasons for making the decision:

The City Council’s existing allocations policy has not been reviewed since March 2018. The Council is required to update the allocations policy to ensure it meets statutory guidance, to ensure the policy still reflects local priorities and is “fit for purpose”. The policy has been reviewed in light of recent case law, changes to priority for armed forces and their families, people affected by domestic abuse in refuge accommodation and the implications for homeless households placed in temporary accommodation since the implementation of the Homeless Reduction Act 2017.

The decision is consistent with the Council’s approved priorities, which includes a sustainable District, Happy, and Healthy Communities. The decision also fits with the Local plan and will contribute to increasing the supply of  ...  view the full minutes text for item 67.

(Cabinet Member with Special Responsibility Councillor Jackson)

Report of Corporate Director for Communities and the Environment

(Cabinet Member with Special Responsibility Councillor Jackson)

Cabinet received a joint report from the Director for Communities and the Environment and Director for Economic Growth and Regeneration which presented the new Homes Strategy and Action Plan 2020-2025 for Lancaster District to Cabinet for initial endorsement and authority to consult.

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

(Cabinet Member with Special Responsibility Councillor Jackson)

Joint Report of the Director for Communities and the Environment and the Director for Economic Growth and Regeneration

(Cabinet Member with Special Responsibility Councillor Jackson)

Cabinet received a joint report from the Director for Communities and the Environment and Director for Economic Growth and Regeneration to update members on the findings of the specialist legal and finance advice sought on options to set up the Housing LATCo (Local Authority Trading Company) and to recommend to Cabinet that they approve the establishment of the Housing LATCo.

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

The officer preferred option is Option 1. This is the only mechanism that will allow the council to bring all of their key strategic housing projects into fruition. Investment into housing development cannot be seen as risk free, and house prices and values can fluctuate but as this is a vehicle which will assumes a longer term investment plan, the Savills report clearly demonstrates the successes achieved through housing investment vehicles, and that a scheme of acquisitions in Morecambe can be delivered viably if a longer borrowing period is assumed.

Cabinet approval was required to set  ...  view the full minutes text for item 69.

(Cabinet Member with Special Responsibility Councillor Sinclair)

Report of Director for Communities and the Environment

(Cabinet Member with Special Responsibility Councillor Sinclair)

Cabinet received a report from the Director for Communities and the Environment that sought approval for the adoption of four Public Space Protection Orders (Dog Controls) for a period of 3 years.

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

The officer preferred option is Option 1 to adopt the PSPOs (Dog Control) as consulted on. This option addresses needs for public protection, supports further enforcement and most closely reflects the majority of public comment arising from the consultation. Adoption of the original Dog Control Orders has led to more straightforward and effective dog control and enforcement in the district. There continues to be considerable public support for enforcement, and this was confirmed by comments received in the recent consultation but balanced with a fair approach towards responsible dog owners.

Councillor Sinclair proposed, seconded by Councillor Brookes:-

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

Councillors then voted:-

Resolved unanimously:

(1) That the four Public Space Protection Orders (Dog Control) be made, to include    provisions as appended to the report.

(2)   That authority be delegated to the Head of Public Protection to designate in writing authorised officers for the purposes of issuing fixed penalty fines.

Officer responsible for  ...  view the full minutes text for item 70.

(Cabinet Member with Special Responsibility Councillor Brookes)

Report of Director for Communities and the Environment

(Cabinet Member with Special Responsibility Councillor Brookes)

Cabinet received a report from the Director for Communities and the Environment to request that Cabinet took an early decision, outside of fee and charges timeline, to agree future fees for green waste subscription. The decision needed to be taken early as the subscription service runs in line with the calendar year and would commence prior to budget council in February 2021.

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

The officer preferred option is Option1 on the basis that the current over achievement in income of £46,500 would cover any inflation rises and will assist in protecting subscriber numbers and income levels.

Councillor Brookes proposed, seconded by Councillor Hamilton-Cox:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet authorises the officer’s recommendation to freeze green waste subscription charges at £40.00 for a period of two years. This will be for the 2021/22 and 2022/23 financial years.

Officer responsible for effecting the decision:

Director for Communities and the Environment

Reasons for making the decision:

Freezing the subscription charges for the next two financial years should protect the retention of subscription numbers and income management.  The decision is consistent with Council priorities with regard to a Sustainable district and Happy and Healthy Communities and with the Council’s target to become carbon neutral by 2030. 

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Chief Executive (report published on 21 October 2020)

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Chief Executive that proposed a Capital Investment Strategy for 2020-21 to 2024/25, to cover all capital investments made by the Council.  The Strategy reflected the aspirations of Council’s Funding the Future, and the Medium-Term Financial Strategies.

The proposed Capital Investment Strategy was designed to cover all the Council’s capital investments from 2020-21 to 2024-25, including projects and schemes that support:

·      Economic Regeneration

·      Delivery of a Social Return, for example Housing

·      Income Generation including Property Investment

·      Carbon Zero + Initiatives that address the Climate Emergency

·      Operational Service Delivery

Whilst the Council delivered significant value in our district through its ongoing operations, capital investment provided the opportunity to deliver further long-term, sustainable outcomes in each of those areas.  The Strategy proposed outcome targets against each of the workstreams listed above, underpinned by the processes, skills and capacity, and monitoring through which desired outcomes could be delivered.

Councillor Whitehead proposed, seconded by Councillor Hanson:-

“That Cabinet recommends that this draft of the Capital Investment Strategy and the associated appendices included at Appendix A be sent to the Budget & Policy Panel for review. An updated version taking account of comments received should be considered by Cabinet, prior to being recommended for adoption by Full Council into the Budget & Policy Framework.”

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet recommends that this draft of the Capital Investment Strategy and the associated appendices included at Appendix A be sent to the Budget & Policy Panel for review. An updated version taking account of comments received should be considered by Cabinet, prior to being recommended for adoption by Full Council into the Budget & Policy Framework.

Officers responsible for effecting the decision:

Chief Executive

151 Officer

Reasons for making the decision:

The proposed Capital Investment Strategy supports the Medium-Term Financial Strategy.   Capital and Investment Strategies form part of the Budget Framework and their adoption is a function of Full Council.  The Council’s Constitution requires that when a new or existing strategy is being considered, the Overview and Scrutiny Committee or Budget and Performance Panel have an opportunity to comment. If it considers it appropriate, Cabinet may then amend its proposals before submitting them to Council for consideration. The Budget and Performance Panel will have the opportunity to comment on the proposals at its meeting on 10 November 2020.

This is to give further notice in accordance with Part 2, paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following items in private. 

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(s) of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following item(s) have been marked as exempt, it is for Cabinet 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 also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

It was moved by Councillor Jackson and seconded by Councillor Whitehead:-

“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 items 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.”

There was no dissent to the proposal.

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.

The ‘Live’ Teams meeting concluded at 8.58pm.  Cabinet reconvened in a private Teams meeting to consider the exempt reports.

(Cabinet Member with Special Responsbility Councillor Hamilton-Cox)

Report of Director for Economic Growth & Regeneration

The Chair advised the meeting that this report had been withdrawn from the agenda.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Director for Economic Growth & Regeneration  (report published on 20 October)

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Director for Economic Growth and Regeneration with regard to an investment proposal: site acquisition.  The report was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972.

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

It was proposed by Councillor Whitehead, seconded by Councillor Hamilton-Cox resolved unanimously:-

Resolved unanimously:

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

Officer responsible for effecting the decision:

Director for Economic Growth and Regeneration

Reasons for making the decision:

The decision is consistent with the Council’s priorities.  Exactly how the decision fits with those priorities is set out in the exempt minute.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Director for Economic Growth & Regeneration (report published on 20 October 2020)

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Director for Economic Growth & Regeneration which was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972.

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

It was proposed by Councillor Whitehead, seconded by Councillor Hanson and resolved:-

Resolved:

(7 Members (Councillors Brookes, Frea, Hanson, Lewis, Parr, Sinclair & Whitehead) voted in favour, 1 Member (Councillor Hamilton-Cox) voted against and 1 Member  (Councillor  Jackson) abstained.)

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

Officer responsible for effecting the decision:

Director for Economic Growth & Regeneration

Reasons for making the decision:

The decision is consistent with the Council’s priorities.  Exactly how the decision fits with those priorities is set out in the exempt minute.