Agenda and minutes

Cabinet - Tuesday, 11th March 2014 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

90.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 11 February 2014 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday, 11 February 2014, were approved as a correct record.

 

91.

Items of Urgent Business Authorised by the Leader pdf icon PDF 76 KB

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

Additional documents:

Minutes:

The Chairman advised that there was one item of urgent business relating to Parking Charges (Minute 95 refers).  The meeting was advised of a revision to the order of the agenda with the urgent business considered after the Request from the Grand Theatre for Grant Support for the convenience of representatives from the Grand Theatre who were in attendance for that item (Minute 94 refers).

92.

Declarations of Interest

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

Members 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 10 and in the interests of clarity and transparency, Members 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, Members 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:

No declarations were made at this point.

                     

93.

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.

 

 

94.

Request from the Grand Theatre for Grant Support pdf icon PDF 86 KB

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Joint Report of Chief Officer (Resources) and Chief Officer (Regeneration & Planning)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Sands)

 

Cabinet received a joint report from the Chief Officer (Resources) & Chief Officer (Regeneration & Planning) to consider a request for financial support from the Grand Theatre, Lancaster in connection with their lease of City Council land. 

 

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

 

 

Option 1: Consider further the request for grant support to the Grand Theatre and seek further information in support.

Option 2: Do not consider further the provision of grant support to the Grand Theatre.

Advantages

May provide an opportunity to support the Grand Theatre and their development proposals.

Avoids extra cost pressures for the Council at a time of increasing budgetary pressure.

 

Reduces the likelihood of a future conflict of interest with the canal corridor redevelopment.

Disadvantages

Involves extra resources (officer time) and potential extra cost to the Council at a time of increasing budgetary pressure.

 

A missed opportunity to financially support the Grand Theatre.

Risks

May raise expectations.

 

Cost and value for money uncertainties.

 

Runs contra to aims for moving to a commissioning approach.

 

Could lead to other similar applications for grant aid, or perceived unfairness.

 

Could be perceived as showing a lack of support for a well known cultural facility in the area (and also a lack of fairness). 

 

A successful Grand Theatre benefits the District in artistic, cultural, regeneration and community development terms. In reputational terms it is probably one of our strongest attractions. It is also a key element in the Canal Corridor scheme. There may be a case for providing support to the Grand Theatre, but the full pros and cons for any case are not known.  There are, however, other such operations within the district that could also make a case for assistance. There is also potential for the aspirations of The Grand Theatre to conflict with the proposals contained within the Development Agreement entered into with British Land/Centros. Therefore, consideration must be given as to the appropriateness of such assistance should a conflict of interest arise that is detrimental to these regeneration proposals.

 

It is necessary for Cabinet to balance these matters along with the implications of reducing income at a time of increasing budgetary pressure, in deciding whether to take this matter any further.  If a decision is made to progress the request, a further report would be produced for Cabinet to complete its decision-making.

 

Councillor Smith proposed, seconded by Councillor Sands:-

 

“That option 1 be approved and that the Board of the Grand Theatre be invited to submit further information with regard to their development proposals and how the Council might assist in these.”

 

Councillors then voted:-

 

Resolved unanimously:

 

That option 1 be approved and that the Board of the Grand Theatre be invited to submit further information with regard to their development proposals and how the Council might assist in these.

 

Officers responsible for effecting the decision:

 

Chief Officer (Regeneration & Planning)

Chief Officer (Resources)

 

Reasons for making  ...  view the full minutes text for item 94.

95.

Item of Urgent Business - Parking Charges Objection

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

In accordance with Part 4, Section 7, Urgent Business Procedure Rules and S100B(4) of the Local Government Act 1972, Cabinet received a report from the Chief Officer (Environment) to allow Cabinet to consider objections to the City Council’s plan to charge for car parking in Lancaster on bank holidays.  The reason for the urgency was that a decision was required at this meeting to allow for any changes to be in place for 1 April 2014.

 

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

 

Cabinet are requested to consider the objections and decide whether they wish to –

 

a)    Not uphold the objections – in which case officers will continue the necessary process to implement the decisions already made by Cabinet. As this decision has been taken using the Council’s procedures for urgent business it should still be possible to implement the changes on 1st April 2014.

 

b)    Uphold the objections- in which case officers may have to advertise the change to the draft order and because of statutory timescales the order may not be implemented on 1st April 2014.

 

Officers will only have to advertise the change to the draft order if Cabinet considers the change to be a ‘substantial change’.

 

If the change to the draft order has to be advertised this will result in a delay. This is because of statutory time scales. A delay will of course have a wider budgetary impact than just the estimated income of £5,000 that had been forecast for the introduction of bank holiday car parking charges in Lancaster.

 

In considering the objections (which are both only to the decision to introduce car parking charges in Lancaster on bank holidays) Cabinet should note-

 

·         Bank holiday charging for parking in Morecambe has been in place for several years now.

·         The Council has in place a parking strategy which sets out how best to manage car parking within this District. The strategy recognises that appropriate car parking charges can do much to support the strategy and the wider public realm. The introduction of bank holiday car parking charges for Lancaster was made to support the wider aims of the car parking strategy.

·         Lancaster BID have provided information to evidence that footfall in Lancaster on bank holidays is lower than normal. This could actually be seen as an indication that free parking on bank holidays has no great influence on attracting visitors to the City.

·         No substantive evidence has been provided as to what the negative impact on trade in the City Centre would be with.

·         The Council is very much supports a revitalised City Centre, which will prove a draw to residents and visitors. As such it is working with the County Council to deliver Square Routes and is also working on many other regeneration initiatives as well as being an active member of BID.

·         The significant contribution that properly managed  ...  view the full minutes text for item 95.

96.

Corporate Performance Monitoring 2013/14

Minutes:

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Cabinet received a joint report from the Chief Officer (Governance) and Chief Officer (Resources) which presented the corporate performance and financial monitoring reports at Quarter 3 of the 2013/14 performance monitoring cycle.

 

Throughout the report commentary provided by officers responsible for each success measure highlight achievements, adds contextual information, identifies issues and outlines actions being taken/planned to get performance back on track, where appropriate.

 

Resolved unanimously:

 

(1)  That the report be noted.

 

Officers responsible for effecting the decision:

 

Chief Officer (Resources)

Chief Officer (Governance)

 

Reasons for making the decision:

 

The Council’s Performance Management Framework requires the regular reporting of operational, as well as financial performance. 

 

97.

Exclusion of the Press and Public

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. 

Minutes:

 

It was moved by Councillor Bryning and seconded by Councillor Smith:-

 

“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. 

 

 

 

98.

Planned Maintenance of Council Housing

(Cabinet Member with Special Responsibility Councillor Smith)

 

Report of the Chief Officer (Environment)

Minutes:

(Cabinet Member with Special Responsibility Councillor Smith)

 

Cabinet received a report from the Chief Officer (Environment) to seek Cabinet’s direction on their preference for future delivery of the planned maintenance programme.  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:

 

Councillor Smith proposed, seconded by Councillor Leytham:-

 

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

 

Resolved unanimously:

 

(1)             That officers focus on developing a business case for option 3, as set out in the exempt report, and report back in detail as soon as that has been done.

(2)             That officers be authorised to negotiate an appropriate extension of the current partnership agreement, as set out in the exempt report.

Officers responsible for effecting the decision:

 

Chief Officer (Environment)

 

Reasons for making the decision:

 

The decision is consistent with the Council’s ethos of an ensuring Council.  As a housing provider the Council has a duty to ensure that its housing stock is properly maintained.  The decision enables an evaluation of existing arrangements and other business models to deliver the capital programme from April 2015 and will ensure that value for money is considered and demonstrated.