Agenda and minutes

No declarations were made at this point.

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

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 Hanson)

Report of the Chief Officer (Regeneration & Planning)

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Chief Officer (Regeneration & Planning) to consider the acceptance of grant offers from the Environment Agency (EA) to replace the existing Wave Reflection Wall, and the establishment of an additional engineering post.

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

Option 1 is the preferred option, to maintain the flood protection for Morecambe whilst taking the opportunity to improve the aesthetics of the promenade.

Councillor Hanson proposed, seconded by Councillor Smith:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That delegated authority be given to the Chief Officer (Resources) to accept the grant offer from the Environment Agency (EA) to enable reconstruction of the Wave Reflection Wall (WRW) from Happy Mount Park to the Town Hall when received.

(2)             That delegated authority be given to the Chief Officer (Resources) to accept further grant offers from the EA for future phases of WRW reconstruction as and when received.

(3)             That the Chief Officer (Resources) be authorised to make the necessary adjustments to the General Fund Capital Programme and General Fund Revenue Budget, subject to there being a nil impact on the Council’s resources.

(4)             That existing resources be redirected to fund an additional engineering post as set out in the report.

Officers responsible for effecting the decision:

Chief Officer (Regeneration & Planning)

Chief Officer (Resources)

Reasons for making the decision:

The decision is consistent with two Corporate Priorities namely; Health and Wellbeing and Clean, Green and Safe Places.  The offer of funding from the EA enables the City Council to maintain an extremely important asset which provides flood protection to approximately 12,000 properties within the town. The proactive maintenance of this important infrastructure shows the City Councils commitment to regeneration in Morecambe.

(Cabinet Member with Special Responsibility Councillor Barry)

Report of Chief Officer (Environment)

(Cabinet Member with Special Responsibility Councillor Barry)

Cabinet received a report from the Chief Officer (Environment) to consider whether the sale of electronic cigarettes should be allowed on Council markets.

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 2: continue to ban the sale of electronic cigarettess on Council markets.

Councillor Barry proposed, seconded by Councillor Blamire:-

“That the sale of electronic cigarettes continues to be banned in Council Markets and Cabinet be requested to reconsider this issue in 2016, when they become licensed and regulated.”

Councillors then voted:-

Resolved unanimously:

(1)          That the sale of electronic cigarettes continues to be banned in Council Markets and Cabinet be requested to reconsider this issue in 2016, when they become licensed and regulated.

Officer responsible for effecting the decision:

Chief Officer (Environment)

Reasons for making the decision:

The Council has in place a ‘Smoke Free Policy’ which categorises e-cigs the same as tobacco based products.  Health and Wellbeing is one of the four priorities in the corporate plan and the Council has committed to working with partners as part of the Health and Wellbeing Partnership to improve the health outcomes of our citizens.

(Cabinet Member with Special Responsibilty Councillor Blamire)

Report of Chief Officer (Governance)

(Cabinet Member with Special Responsibility Councillor Blamire)

Cabinet received a report from the Chief Officer (Governance) to advise members of actions taken by the Chief Executive, in consultation with the relevant Cabinet Members.

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

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

Councillors then voted:-

Resolved unanimously:

(1)          That the actions taken by the Chief Executive, in consultation with the relevant Cabinet Members in accordance with the Scheme of Delegation, in respect of the following, be noted:-

            CAR PARKING OBJECTION

(1)  In considering this issue Cabinet is conscious that the Council already supports the city centre through providing a clean and improving environment.

(2)  That Cabinet, having today received a programme of events from the Business Improvement District (BID), which was not available when the previous decision was made, have decided that free parking should be retained on public holidays to support the development of these events. 

(3)  That Cabinet agree that for the purposes of the parking order this change does not represent a substantial change.  Therefore, officers are requested to continue the process of implementing the overall decision previously made by Cabinet. 

(4)  Cabinet extends an invitation to the Chamber and BID to discuss matters of mutual concern. 

Officer responsible for effecting the decision:

Chief Officer (Governance)

Reasons for making the decision:

The decision fulfils the requirements of the City Council’s Constitution in advising Cabinet of urgent decisions taken by the Chief Executive in accordance with the City Council’s Scheme of Delegation.

The leader advised the meeting that it would be best if the draft Corporate Plan report would be deferred to a later meeting to enable consideration of additional information which had now been received.

Councillor Blamire proposed, seconded by Councillor Hanson:-

“That consideration of the Corporate Plan 2014-16 be deferred to a later meeting to enable consideration of additional information which had now been received.”

Councillors then voted:-

Resolved unanimously:

(1)          That consideration of the Corporate Plan 2014-16 be deferred to a later meeting to enable consideration of additional information which had now been received.

Officers responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The Corporate Plan is a central part of the City Council’s Budget and Policy Framework stating the key priorities, outcomes and measures that the City Council hopes to achieve for the district.  The decision enables additional information to be considered prior to referring the draft Plan to full Council.

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 Hamilton-Cox and seconded by Councillor Hanson:-

“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 Hamilton-Cox)

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

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a joint report from the Chief Officer (Regeneration & Planning) and Chief Officer (Resources) in order to facilitate development of the land north and south of Bailrigg Lane, Scotforth, Lancaster.  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 Hanson proposed, seconded by Councillor Bryning:-

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

By way of an addendum which was agreed by the proposer and seconder of the original proposition, Councillor Barry proposed and Councillor Hamilton-Cox seconded:

“That officers consider whether the negotiations can be used to facilitate Lancaster City Council’s aspirations for social housing and high environmental standards for building construction.”

Councillors then voted on the recommendation and addendum.

Resolved unanimously:

(1)     That Cabinet approves Option 1, as outlined in the exempt report.

(2)     That officers report back on and seek approval to the terms and conditions for the disposal of the two areas of land once negotiations have been concluded and terms provisionally agreed.

(3)     That officers consider whether the negotiations can be used to facilitate Lancaster City Council’s aspirations for social housing and high environmental standards for building construction.

Officers responsible for effecting the decision:

Chief Officer (Regeneration & Planning)

Chief Officer (Resources)

Reasons for making the decision:

In making this decision Cabinet is mindful that the memorandum of understanding is not legally binding and will not commit the City Council to pursue a particular course of action.  The decision is consistent with the Corporate Property Strategy which requires that the City Council review its asset base and only retain those assets required to meet its agreed objectives and priorities.  Where assets are not required for this purpose they should be disposed of at best value.  This is an opportunistic sale, allowing the City Council to improve the management of its assets.