Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 11 July 2023 (previously circulated). 

The minutes of the meeting held on Tuesday 11 July 2023 were approved 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. 

No declarations were made at this point.

Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.

(Cabinet Member with Special Responsibility Councillor Parr)

Report of Chief Officer – Planning and Climate Change

Cabinet Member with Special Responsibility Councillor Parr)

Cabinet received a report from the Chief Officer – Planning and Climate Change that set out the current Local Plan position within the district, taking into account the recent announcement regarding the Housing Infrastructure Fund. The report also identified a series of options for plan-making and asked that Cabinet indicated their preferred option.

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

There were 3 options that are available in terms of plan-making.

These are:      Option 1 – Continue to prepare the Lancaster South Area Action Plan;

or, Option 2 – Cease work on the Lancaster South Area Action Plan and commence a full district-wide Local Plan Review; or, Option 3 – Pause all plan-making activity pending further certainty regarding the national plan-making system.

Option 1 - Continue to prepare the Lancaster South Area Action Plan

Advantages: During the last 18 months the City Council has published a concept masterplan for Bailrigg Garden Village, which has been formally endorsed by Cabinet. The local planning authority has also continued to compile evidence to support the content and direction of the Lancaster South Area Action Plan, including specialist evidence and advice regarding ecology, landscape, water management, archaeology and sustainable travel. This library of evidence is publicly available on the Council’s dedicated Lancaster South Area Action Plan webpages.

Informal engagement has also been taking place, particularly regarding a series of thematic topic papers. The local planning authority has also established a Parish Council Liaison Group with Scotforth, Aldcliffe-with-Stodday, Ellel and Thurnham Parish Councils, and it has participated in an engagement process with young people, hosted by Lancaster University.

Much work has already been undertaken, and a continuation of this work could still result in a new vision for the Lancaster South area that could be potentially less time-intensive than a full Local Plan Review.

Disadvantages: Continuing with the Lancaster South Area Action Plan would maintain the focus on defining a vision for South Lancaster and its’ environs only. It would not consider any changing circumstances in Morecambe, Carnforth or other areas that are geographically remote from South Lancaster.

Risks: Even if the Lancaster South Area Action Plan is advanced, it may still be unable to precisely define how strategic infrastructure, including transport infrastructure, will be provided and to what timeline. This uncertainty may affect the adoption of the Lancaster South Area Action Plan. In addition, the proposed changes to national plan-making described earlier in this report might also prevent timely adoption of the Lancaster South Area Action Plan, and as a consequence it might have to be started again under the proposed new plan-making system.

Option 2 – Cease work of the Lancaster South Area Action Plan and commence a full Local Plan Review

Advantages: There are changing circumstances within the district since the Local Plan was adopted. These include the grant of planning permission for Eden Morecambe and  ...  view the full minutes text for item 22.

(Cabinet Member with Special Responsibility Councillor Dowding)

Report of Chief Officer – Planning and Climate Change

Cabinet Member with Special Responsibility Councillor Dowding)

Cabinet received a report from the Chief Officer – Planning and Climate Change that sought approval to apply for and accept Public Sector Decarbonisation Scheme (PSDS) funding, should an offer be made and utilise £1M allocated capital programme as a contribution, in line with grant criteria. The report also requested that the award of contract for such works be delegated to the Chief Officer of Planning and Climate Change.

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

The officer preferred option was to apply for and accept PSDS3c funding, should an offer be made and delegate the award of contract to the Chief Officer for Planning and Place.

Councillor Dowding proposed, seconded by Councillor Wilkinson:-

“That the recommendations, as set out in the report, be approved with recommendation (1) revised to decarbonise ‘three’ rather than ‘four’ of the council’s civic buildings.”

Councillors then voted:-

Resolved unanimously:

(1)             That an application be made for “PSDS3c” funding to decarbonise three of the council’s civic buildings when the Salix portal opens in Autumn 2023.

(2)        That the funding offer be accepted, should the PSDS3c bid be successful.

(3)        That utilise £1M of Property Decarbonisation funding in the 22/23 – 27/28 capital programme be utilised as a contribution and the programme adjusted in line with the deliverables.

(4)        That authority to award the contract for Property Decarbonisation works be delegated to the Chief Officer for Planning and Climate Change.

Officer responsible for effecting the decision:

Chief Officer – Planning and Climate Change

Reasons for making the decision:

In January 2019, the Council declared a climate change emergency. The Council’s priorities include the theme of ‘Taking action to meet the challenges of the climate emergency’.

The project links to the following priorities and cross-cutting themes:

· Net zero carbon by 2030 while supporting other individuals, businesses, and organisations across the district to reach the same goal.

· Increasing the amount of sustainable energy produced in the district and decreasing the district’s energy use.

With the agreement of the meeting the Chair advised of a revision to the order of the agenda so that the Outturn report could be tabled prior to the Delivering our Priorities report.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Finance Officer

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Finance Officer that provided summary information regarding the provisional outturn for 2022/23, including treasury management. It also set out information regarding the carry forward of capital slippage and other matters for Members’ consideration.

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

The Council has a legal requirement to ensure that its expenditure is fully funded and to produce accounts in accordance with proper accounting practice. In addition, the Prudential Indicators are a statutory requirement linked to the budgetary framework. For these aspects, therefore, there are no alternative options for Cabinet to consider. Members are being asked to endorse certain actions taken by the Chief Finance Officer, and Cabinet should consider whether it has sufficient information to do so or whether it requires any further justification.

The report requests Cabinet to consider a number of revenue overspending, capital slippage and other budget adjustment matters. The framework for considering these is set out in the report but basically Cabinet may:

o Endorse any number of the items / requests, in full or part.

o Refuse various requests and if commitments have already been incurred, require alternative funding options to be identified. Cabinet should note, however, that this may impact on other areas of service delivery.

o Request further information regarding them, if appropriate.

The Officer preferred options are as set out in the recommendations, on the assumption that Members continue to support their previously approved spending plans.

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

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

Councillors then voted:-

Resolved unanimously:

(1)        That the provisional outturn for 2022/23 be endorsed, including the transfers to and from Reserves and Balances actioned by the Chief Finance Officer as set out in 5.1 and Appendix 5 to the report.

(2)       That Cabinet approves the treatment of year end overspends and endorse the do nothing approach in-light of the current situation.

(3)       That Cabinet note and endorse the ongoing projects funded by reserves set out at Appendices 5a and 6 to the report.

(4)        That the requests for capital slippage and the adjustments to reflect accelerated capital spending on projects as set out at Appendices 7 and 8 to the report be endorsed, with the Capital Programme being updated accordingly.

(5)        That the Annual Treasury Management report and Prudential Indicators as set out at Appendix 2 to the report be noted and referred on to Budget & Performance Panel and Council for information.

Officer responsible for effecting the decision:

Chief Officer Finance

Reasons for making the decision:

The Outturn and Statement of Accounts report on all the financial resources generated and/or used by the Council in providing services or undertaking other activities under the Policy Framework.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Executive & s151 Officer

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Executive and 151 Officer that provided members with an update on performance, projects, and resources during the first quarter of 2023/24. No options were provided as the report was for commenting and noting. The Chief Executive responded to questions prior to the report being noted.

Resolved unanimously:

(1)             That the update on performance, projects and resources for Quarter 1 2023/24 be noted.

Reasons for making the decision:

Performance, project and resource monitoring provides a link between the Council Plan and operational achievement by providing regular updates on the impact of operational initiatives against strategic aims.

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 item(s) in private. 

Cabinet is recommended to pass the following recommendation in relation to the following item(s):- 

“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 Caroline Jackson and seconded by Councillor Wood:-

“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 Phillip Black)

Report of Chief Officer – Sustainable Growth  (report published on 8.9.23)

Cabinet Member with Special Responsibility Councillor Phillip Black)

Cabinet received a report from the Chief Officer Sustainable Growth with regard to the next steps in delivering regeneration of the Frontierland site. Market interest revealed through the recent expressions of interest exercise was summarised and options to take forward the site's regeneration outlined. The report sought approval to progress to a preferred delivery route and allocation of resources to progress the next stages of work.  The report was exempt from publication by virtue of Paragraph 3, 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:

Councillor Phillip Black proposed, seconded by Councillor Ainscough:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That a project board of key portfolio holders supported by officers be appointed.  At this stage, the primary objectives of the board will be to form objectives for the procurement, agree on the consultation and stakeholder involvement plan, select the preferred procurement procedure, develop the tender package material. The portfolio holders to consist of Councillors Phillip Black, Peter Jackson, Catherine Potter, Joanne Ainscough, Nick Wilkinson and Tim Hamilton-Cox.

(2)        That Officers will:

For the Board’s selected procurement process develop the assessment methodology and scoring criteria that reflects the council’s aspirations for Frontierland’s regeneration.

 - Produce tender documents and scoring methodology to be approved for issue by the project board.

 - On project board approval, progress selected procurement process’ developer competition.

- Report on the progress and outcome of the tender and the preferred proposal / Preferred Developer Partner (PDP) to Cabinet.

(3)        That in support of informing and developing the tender brief officers will undertake a short public / stakeholder consultation, through a number of engagement methods, on the headline objectives for the site to be agreed by the project board.

Resolutions (4), (5) and (6) are set out in a minute exempt from publication by virtue of paragraph 3, Schedule 12A of the Local Government Act, 1972.

Officer responsible for effecting the decision:

Chief Officer Sustainable Growth

Reasons for making the decision:

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

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

Report of Chief Officer – Housing & Property

In accordance with the Scheme of Delegation to Officers (Part 2, Section 7 – Delegations to the Chief Executive Matters of Urgency) the Chief Executive submitted a report to Cabinet with details of an urgent decision taken under Rule 15 following consultation with the relevant portfolio holder and with the agreement of the Vice-Chair of Overview & Scrutiny. The decision which was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972 was with regard to the acceptance of external funding. Details of the urgent decision including the circumstances which made the action necessary were set out in the exempt report.

Resolved unanimously:

(1)             That the Urgent Decision taken by the Chief Executive regarding the acceptance of external funding be noted.

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

Report of Chief Officer – Housing & Property

In accordance with the Scheme of Delegation to Officers (Part 2, Section 7 – Delegations to the Chief Executive Matters of Urgency) the Chief Executive submitted a report to Cabinet with details of an urgent decision taken under Rule 15 following consultation with the relevant portfolio holder and with the agreement of the Chair of Overview & Scrutiny. The decision which was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972 was with regard to the urgent replacement of balcony railings at Arcon House. Details of the urgent decision including the circumstances which made the action necessary were set out in the exempt report.

Resolved unanimously:

(1)             That the Urgent Decision taken by the Chief Executive with regard to the urgent replacement of balcony railings at Arcon House be noted.