Agenda and minutes

Cabinet - Tuesday, 22nd October 2024 6.00 p.m.

Venue: Morecambe Town Hall

Contact: Liz Bateson, Democratic Support - email  ebateson@lancaster.gov.uk 

Items
No. Item

In the absence of the Leader and Deputy Leader the Chief Executive opened the meeting and called for nominations for a Chair.  

 

It was proposed by Councillor Peter Jackson and seconded by Councillor Ainscough “That Councillor Parr be appointed to chair the meeting.” 

 

There being no further nominations Councillor Parr was invited to take the chair.

 

Councillor Parr in the chair.

33.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 10 September 2024 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 10 September 2024 were approved as a correct record.

 

34.

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 Chair advised that there were no items of urgent business.

 

35.

Declarations of Interest

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. 

 

Minutes:

36.

Public Speaking

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

 

Minutes:

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

 

With the agreement of the meeting the Chair advised of a revision to the order of the agenda and that item 10 Lancaster City Centre Draft Car Parking Strategy would be considered first.

37.

Lancaster City Centre Draft Car Parking Strategy - Consultation Report Update and Strategic Parking Numbers pdf icon PDF 472 KB

(Cabinet Member with Special Responsibility Councillor Parr)

 

Report of Chief Officer Sustainable Growth

 

Minutes:

(Cabinet Member with Special Responsibility Councillor Parr)

 

Cabinet received a report from the Chief Officer Sustainable Growth to consider an initial specific issue of parking space numbers and policy implications arising from the public consultation on the Lancaster City Centre Draft Car Parking Strategy 2024.

 

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

 

 

Option 1: Progressing Lancaster city centre parking policy options within the context of providing between 1400 and 1500 council operated car parking spaces

Option 2: Progressing Lancaster city centre parking policy options with the intention of retaining the Draft Strategy recommendation of between 1300 and 1400 council operated car parking spaces

Advantages

Provides additional comfort, in terms of the ongoing maintenance of city centre economic health, city centre accessibility and car user utility, for the release of the Nelson street car park for housing to be progressed.

 

 Provides a more flexible benchmark for future specific policy considerations to inform decisions on the city council’s car parking portfolio.

 

Regarded as an optimal number of city centre parking spaces provided by the city council to continue to meet general and peak demand periods for the immediate future.

 

Provides further comfort to business and community stakeholders that the council impacts from any current and future proposed surface car park disposal policies.

 

 Provides critical context, certainty, and impetus to improve and develop the council’s asset management strategy and future car parking portfolio.

Provides some certainty and a as benchmark for future specific policy considerations to inform decisions on the city council’s car parking portfolio

Disadvantages

Requires increased mitigation and planning for additional car parking numbers when considering future strategy and any proposed surface car park disposal decisions.

Provides less comfort to business and community stakeholders that accessibility and car user utility can be delivered.

 

Regarded by officers as a sub[1]optimal number of city centre parking spaces provided by the city council to meet general and peak demand periods for the immediate future.

Risks/Mitigation

Officers are dealing with imperfect information and future demand and supply variables are hard to predict.

 

 Ongoing and improved monitoring of car park usage to inform future decisions is essential to mitigate and review any impacts on car parking portfolio decisions

As Option 1.

 

Potential future issues in managing car parking demand in terms of highway and other impacts.

 

Following Members’ consideration and confirmation that the increase in strategic parking numbers meets the council’s objectives and its wider policy aspirations, Option 1 is preferred by officers.

 

Concerns from the business community, about the long-term provision of public parking, and general parking are understood. Through the draft Lancaster City Centre Car Parking Strategy and Action Plan, alongside ongoing work with county council, the issue will be addressed at a strategic city-wide level, with appreciation of the statutory strategic policy imperatives the city council is working within.

 

Principally these are: its declared Climate Emergency, the Lancaster Highways and Transport Masterplan 2016, and the need to promote  ...  view the full minutes text for item 37.

38.

Local Area Energy Plan (LAEP) pdf icon PDF 257 KB

(Cabinet Member with Special Responsibility Councillor Stubbins)

 

Report of Chief Officer - Planning and Climate Change

Minutes:

(Cabinet Member with Special Responsibility Councillor Stubbins)

 

Cabinet received a report from the Chief Officer – Planning and Climate Change that sought adoption of the Lancaster District Local Area Energy Plan.

 

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

 

 

Option 1: Adopt LAEP and task officers to explore a Delivery Plan

Option 2: Do not adopt the LAEP

Advantages

The LAEP can help the Council shape future Net Zero policies, strategies and guide efforts locally.

 

It provides high-level cost estimates for large-scale energy decarbonisation and may be used to support any future funding opportunities.

 

The LAEP provides a series of interventions needed to deliver Net Zero and allows the Council to better appreciate the pace and scale it needs to work at to deliver a 2040 target.

 

Adoption of the LAEP and delivering the next phase of work will allow the Council to review delivery models, determine its future role and confirm ambition and appetite.

A decision to not adopt the LAEP (and the subsequent Delivery Plan work) has little benefit. The only advantage would be that there would be no additional resource or funding requirements.

Disadvantages

The LAEP has quantified the investment needed to reach net

zero and there will be significant costs, which at this stage cannot be fully evaluated.

 

Current officer capacity is fully allocated on delivering the Council’s own Net Zero 2030 target for Scope 1 emissions. Depending on the delivery vehicle chosen, additional resource in the longer-term may be needed to deliver the recommendations of the LAEP.

The Council has ambitions to support the net zero transition for other businesses, individuals and organisations across the district. This cannot be done effectively without a comprehensive energy decarbonisation strategy.

 

The LAEP may act as an evidence base for future external funding opportunities. These may be missed if not adopted and resourced.

Risks

There are no direct risks arising from a decision to adopt the LAEP. Any risks will be associated with the costs of delivering (and resourcing) individual projects, which will be separately assessed as part of the eventual Delivery Plan. It will be for Cabinet to determine, on the basis of the more detailed work that follows, how to proceed with implementation.

There is a considerable risk that the absence of a LAEP will result in missed opportunities for financial funding (should opportunities arise).

 

There is also reputational risk to the local authority for failure to advance proposals for decarbonising the district.

 

The reputational risk pales into insignificance alongside the risks to residents and businesses within the district if the impacts of climate change cannot be mitigated. The LAEP is an example of how one district can make a difference.

 

 

The officer preferred option is to adopt the LAEP, inform the Council’s wider strategies and to task officers with exploring a Delivery Plan for implementation.

 

In choosing to adopt the LAEP, Cabinet will acknowledge the challenges, particularly regarding cost and scale, that will support  ...  view the full minutes text for item 38.

39.

Renewal of Public Space Protection Orders pdf icon PDF 259 KB

(Cabinet Member with Special Responsibility Councillor Peter Jackson)

 

Report of Chief Officer People & Policy  (report published on 15.10.24)

 

The report includes an exempt appendix, and Cabinet would need to exclude the press and public if minded to discuss the information within the exempt appendix.

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Peter Jackson)

 

Cabinet received a report from the Chief Officer People & Policy that sought Cabinet approval for the renewal of the Public Space Protection Orders (PSPO) in relation to various types of anti-social behaviour for a period of three years. The existing PSPOs which cover Lancaster City Centre, Morecambe, Lower Heysham, Happy Mount Park and Williamson Park expire on 13th December 2024.

 

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

 

 

Option 1: Adopt the PSPO as proposed in the consultation, with no amendments

Option 2: Adopt the PSPO as proposed in the consultation, but not in all the proposed locations

Option 3: Do not adopt the PSPO

Advantages

Reflects the majority of representations made during the public consultation that the prohibitions outlined in the current PSPO order are types of behaviour not acceptable within the proposed areas.

 

Anti-social behaviour is still being experienced in all the areas that the PSPO intends to cover (Appendix 3)

 

Comment has been made in the PSPO consultation about ASB ruining lives and businesses.

 

The conditions are identical for the proposed areas which makes for more consistent and less confusing enforcement.

Not all areas received the same level of concern in the consultation.

 

Some members of the community could view the proposed restrictions in public parks as unnecessary.

 

Less areas to enforce.

Minimal cost benefit of not paying for signage.

Disadvantages

Raises public expectation. The PSPO is only one of the tools that can be used by authorised officers. Lack of enforcement could lead to a reduction in confidence in the Local Authority and Lancashire Police.

Smaller communities feeling that their views have not been taken into consideration.

 

Potential displacement of the types of behaviour to other public spaces

Going against majority of consultees

 

Continued complaints received from the public about not feeling safe in the public spaces of the district.

 

Loss of confidence in the local authority and Lancashire Police

Risks

Reputational. Not listening to views of the public.

Reputational. Not listening to views of the public.

Reputational. Not listening to views of the public.

 

The officer preferred option is Option1. This option reflects the majority of the public comment arising from the consultation. It supports the council policy framework for Happy Healthy Communities and a Cooperative Kind and Responsible Council.

 

Councillor Peter Jackson proposed, seconded by Councillor Wood:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)        That the Public Space Protection Orders (PSPOs) are made to cover the designated areas as set out in Appendix 2 to the report.

 

Officer responsible for effecting the decision:

 

Chief Officer People & Policy

 

Reasons for making the decision:

 

The decision is consistent with the Council Plan:

 

Healthy and Happy Communities :  Keeping our district’s neighbourhoods, parks, beaches, and open space clean, well[1]maintained, and safe.

 

A Co-operative, Kind and Responsible Council : Listening to our communities and treating everyone  ...  view the full minutes text for item 39.

40.

Adoption of Public Space Protection Orders (Dog Control) pdf icon PDF 263 KB

(Cabinet Member with Special Responsibility Councillor Peter Jackson)

 

Report of Chief Officer – Housing and Property  (report published on 16.10.24)

 

 

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Peter Jackson)

 

Cabinet received a report from the Chief Officer – Housing & Property 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:

 

 

Option 1: Adopt the PSPOs as proposed in the consultation, with no amendments

 

 Advantages:

· Reflects the majority of representation 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

 

Disadvantages:

· None identified

 

Risks:

· The decision concerning dogs on leads would not reflect the views of all consultees

 

 

Option 2: Do not adopt the PSPOs (Dog Control)

 

Advantages:

· Saving on staff time to implement new Dog Control Orders, and advertising for signage costs.

 

Disadvantages:

· Confusion from discontinuation of existing enforcement.

· Going against majority of consultees

· Return to a system of enforcement which is unclear and inconsistent

· Unnecessary expense and complications in having to prosecute for offences instead of issuing fixed penalty notices available under option 1 leading to delays, lower efficiency and cost-effectiveness

· The extent of land within the district on which regulatory dog controls apply would remain limited.

 

Risks:

· The decision not to introduce available dog-related regulatory measures for public protection would lead to criticism, particularly given the strength of public feeling about aspects of irresponsible dog ownership.

 

The officer preferred option is Option 1 to adopt the PSPOs (Dog Control) as consulted on. This option addresses needs for public protection, supports enforcement and most closely reflects the majority of public comment arising from the consultation.

 

From 2012 there has been a Dog Control Orders and since 2017 PSPO’s, which have encouraged dog owners to take responsibility for their dogs appropriately. This has also given authorised officers appropriate powers should the owners choose not to. If there was no consequence for such offending then dog related problems will likely increase and thereby have a detrimental effect on the quality of life of those in the district, justifying the restrictions imposed by the Public Space Protection Orders (Dog Control).

 

Councillor Peter Jackson proposed, seconded by Councillor Ainscough:-

 

“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 set out in this report.

 

(2)        That authority be delegated to the Chief Officer – Housing and Property to designate in writing authorised officers for the purposes of issuing fixed penalty fines.

 

Officer responsible for effecting the decision:

 

Chief Officer – Housing & Property

 

Reasons for making the decision:

 

The decision is consistent with the Council Plan :  Keeping our district’s neighbourhoods, parks, beaches and open space clean, well-maintained and safe.

 

Adoption of the original Dog Control Orders has led to more straightforward and effective dog control and enforcement  ...  view the full minutes text for item 40.

41.

Capital Programme Mid Year Review 2024/25 pdf icon PDF 252 KB

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Report of Chief Finance Officer (report published on 17.10.24).

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Cabinet received a report from the Chief Finance Officer that provided information regarding the latest position regarding the delivery of the approved capital programme for 2024/25. It also set out information regarding any delays surrounding capital expenditure and other matters for Members’ consideration.

 

As the report was for consideration and progressing to Full Council, no alternatives were put forward.

 

An amended Appendix D had been circulated and published prior to the meeting.

 

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 Cabinet endorses the adjustments to the capital programme as set out in Appendix C of the report and refers to Council for full approval.

 

(2)        That Cabinet notes that relevant revenue adjustments in respect of minimum revenue provision and future borrowing requirements will be built into projected revenue estimates and considered alongside future reports to Cabinet in respect of the budget and policy framework updates.

 

(3)        That Cabinet endorses the use of capital receipts to fund the acquisition of properties and other additional works identified within the Housing Revenue Account subject to it having a nil impact on the net position of the account.

 

Officer responsible for effecting the decision:

 

Chief Finance Officer

 

Reasons for making the decision:

 

The Capital and Revenue Programmes forms part of the Council budget framework.

 

Although the General Fund and Housing Revenue Account were able to respond to the financial challenges in 2023/24 and maintain balanced budget positions by utilising its reserves, this does not mean that the financial issues for the Council are resolved, it simply means that the in-year budget pressures were addressed. To put into context, a budget gap of £1.4M is still forecast for 2025/26 and this rises annually to £4.6M in 2028/29 for which the cumulative effect is not sustainable.

 

Reviewing the Capital Programme will allow for more robust revenue projections which in turn will improve financial planning. This will ensure that funds are allocated according to a set of predefined outcomes, or priorities to ensure that funds are directed toward the Council’s key ambitions and statutory functions and away from areas which contribute less or not at all against the predetermined objectives.

42.

Treasury Management Mid Year Review 2024/25 pdf icon PDF 233 KB

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Report of Chief Finance Officer (report published on 17.10.24).

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Cabinet received a report from the Chief Finance Officer which sought Cabinet’s consideration of various matters in connection with the Treasury Management Mid-Year Review 2024/25.

 

As the report was for consideration and progressing to Budget and Performance Panel and Full Council, no alternative options were put forward.

 

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 various matters in connection with the Treasury Management Mid-Year Review 2024/25 be noted.

 

(2)        That the Mid-Year Review 2024/25 be forwarded on to Budget & Performance Panel and Full Council for consideration in accordance with CIPFA Code of Practice on Treasury Management (the Code) and the CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code) issued under the Local Government Act 2003.

 

Officer responsible for effecting the decision:

 

Chief Finance Officer

 

Reasons for making the decision:

 

Treasury Management forms part of the Councils budget framework.

 

Consideration of Treasury Management Mid-Year Review and presentation to Full Council will ensure the Council complies with CIPFA’s Code of Practice on Treasury Management (the Code) and the CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code).