Agenda and minutes

Cabinet
Tuesday, 6th December 2016 6.00 p.m.

Venue: Lancaster Town Hall

Contact: Liz Bateson, Democratic Services - telephone (01524) 582047 or email  ebateson@lancaster.gov.uk 

Items
No. Item

34.

Minutes

To receive as a correct record the minutes of Cabinet held on Wednesday 2nd November 2016 (previously circulated). 

Minutes:

The minutes of the meeting held on Wednesday 2nd November 2016 were approved as a correct record.

 

35.

Items of Urgent Business Authorised by the Leader pdf icon PDF 249 KB

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 Chairman advised that there was one item of urgent business. This was with regard to the Lancashire ESIF Project (Minute 41 refers).

36.

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 9 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.      

37.

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.

 

38.

Heysham Gateway pdf icon PDF 307 KB

(Cabinet Members with Special Responsibility Councillors Hanson and Leyshon)

 

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

Additional documents:

Minutes:

(Cabinet Members with Special Responsibility Councillors Hanson and Leytham)

 

Cabinet received a joint report from the Chief Officers (Regeneration) and (Resources) to enable consideration and agreement of an overall strategy for the development of Heysham Gateway to guide future decisions affecting council assets in the area.

 

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

 

Heysham Gateway Development Principles

 

Option A1:

Do not agree development principles for the area and deal with enquiries on a reactive basis

Option A2:

Agree principles for Heysham Gateway (as set out in section 3.6 of the report) as the main guide for future Council decisions affecting the area (planning policy, site development, marketing and funding bids etc)

Option A3:

Develop an alternative set of principles for Heysham Gateway

 

Advantages

Provides maximum flexibility and allows for the widest possible range of potential end uses.

Provides certainty and guidance for planning, development, land disposal and infrastructure decisions.

Provides opportunity to co-ordinate development with environmental improvements.

Provides vehicle for bringing on board partners and stakeholders to jointly promote regeneration of Heysham Gateway.

 

Could widen the range of uses deemed appropriate for the site and provide more flexibility in terms of utilising assets.

Disadvantages

Does not provide guidance or certainty for potential developers and the local community.

No real basis for determining development proposals / land disposals.

Makes marketing the area and attracting investment and/or grant funding more difficult.

Difficult to co-ordinate investment in infrastructure.

Would limit the type of uses deemed appropriate for the area and potentially miss out on investment.

Restricts options for land disposals.

 

Would require more time and could delay planning and land decisions.

Would create period of uncertainty.

Difficult to market area without clear agreed principles.

Risks

Increase possibility of proposals for inappropriate uses.

Would prejudice opportunity to promote a comprehensive redevelopment of the area including environmental improvements.

May not be possible to get all parties to agree principles. Decisions could be delayed and opportunities lost if this is not secured quickly.

May restrict options for land disposals with associated risks in achieving best consideration.

Risks losing momentum and potentially urgent enquiries / offers.

Could also restrict options for land disposals with associated risks in achieving best consideration.

 

Use of Council assets at the Heysham Gateway

 

Option B1:

Do nothing further – continue to hold land for the time being

Option B2:

Dispose of land drawing on principles at section 4.11 of the report, using the preliminary ground and ecology survey work to assess value.

Option B3:

Look to develop necessary infrastructure and undertake development on a design and build basis subject to securing pre-let / sales

Option B4:

Look to develop necessary infrastructure and develop units on a speculative basis 

Advantages

Retains the site in Council ownership – could be some other (currently unforeseeable) use found at a later date. 

Brings an underutilised asset back into use

 

Delivers a capital receipt with knock on savings for revenue budget

 

Regeneration and  ...  view the full minutes text for item 38.

39.

Lancaster City Centre Public Spaces Protection Order pdf icon PDF 231 KB

(Cabinet Member with Special Responsibilty Councillor Hughes)

 

Report of Chief Officer (Environment). 

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hughes)

 

Cabinet received a report from the Chief Officer (Environment) which sought approval to make a Public Spaces Protection Order covering the Lancaster City Centre.

 

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

 

 

Option 1: To approve the introduction of a Public Spaces Protection Order covering Lancaster City Centre

Option 2: To take no action

Advantages

The introduction of a PSPO will provide a clear message about the type of behaviour which is not acceptable within the City Centre, and will provide additional powers to tackle any anti-social behaviour as described in the Order. The introduction of an Order responds to public concerns about behaviour within the City Centre. Reinforces the council’s commitment to partnership working.

None

 

Disadvantages

Raises public expectation. The PSPO is a tool that can be used by authorised officers. However there is no additional staff resource being allocated to this.

The current City Centre no outside drinking rules will no longer be able to be enforced as the DPPO expires in 2017.

 

The Police has requested that as partners in the CSP we take out a PSPO. To taken no action would demonstrate a lack of support.

 

Does not demonstrate the council’s commitment to community safety and addressing residents’ legitimate concerns.

 

Option 1 is the preferred officer option, and has the support of the Community Safety Partnership and the local community.

 

Councillor Hughes proposed, seconded by Councillor Clifford:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)          That the making of a Public Spaces Protection Order covering the designated area of Lancaster City Centre, as set out in Appendix A to the report, be approved.

 

Officer responsible for effecting the decision:

 

Chief Officer (Environment)

 

Reasons for making the decision:

 

The decision supports the Council’s priorities of Clean, Green and Safe Places and Community Leadership.  The making of a Public Spaces Protection Order covering the designated area of Lancaster City Centre should enable the better policing of this public space and bring relief to local residents.

 

40.

Budget and Policy Framework Update 2017 to 2021 pdf icon PDF 386 KB

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Report of Chief Officer (Resources)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Cabinet received a report from the Chief Officer (Resources) which sought approval for the 2017/21 budget strategy and timetable, and provided an update on the Council’s financial position to help inform development of Cabinet’s planning and budget proposals.

 

In term of the actual budget position, the report was primarily for information, to assist Cabinet in its budget deliberations.  No specific decisions were sought at this time.

 

Regarding the budget strategy and timetable, Cabinet may approve the proposals as set out in the report, or require changes to be made to the suggested approach.  The overriding aim of any budget setting process is to approve a balanced budget by statutory deadlines, allocating resources to help ensure delivery of the Council’s corporate and service objectives.  The proposed approach is in line with that broad aim, drawing on the time and other resources available to the Council, to help ensure a robust approach.  Any changes that Cabinet puts forward should also be framed in that context.

 

The Council remains well placed to address future financial challenges, but the scale of those challenges will be influenced by forthcoming Government announcements and future policy.  Budget work has progressed well to date, and the outlook for next year means that the Council has time to focus on more strategic planning and its future direction ahead of the 2018/19 budget, and reassessing its resource needs accordingly.

 

Councillor Whitehead proposed, seconded by Councillor Leytham:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)          That Cabinet approves the budget strategy and timetable as summarised in Appendices A and B to the report.

 

(2)          That the draft budgetary position for current and future years be noted, accepting that this is an interim update, but taking account of Government’s confirmation of the 4-year Settlement up to 2019/20.

 

(3)          That for the next Cabinet meeting in January, Cabinet determines its initial draft budget proposals for 2017/18 onwards, drawing on information from this report, any budget options currently being developed by Officers, and Government’s announcements regarding the Spending Review and the Settlement.

 

Officer responsible for effecting the decision:

 

Chief Officer (Resources)

 

Reasons for making the decision:

 

Draft budget proposals will be considered by Cabinet on 17th January and presented to the Budget and Performance Panel on 24th January 2017.

 

 

41.

Item of Urgent Business - Lancashire ESIF Project - More Positive Together

Minutes:

(Cabinet Member with Special Responsibility Councillor Leytham)

 

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 (Health & Housing) to approve the Council’s participation in a bid for European Structural and Investment Funds being made by Lancashire Sport and for the Council to act as a ‘cluster lead’ to support the More Positive Together tackling worklessness project within social housing in the district.  An urgent decision was required to enable the Council to assess the ESIF funding.

 

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

 

 

Option 1: Not accept the bid and funding being sought by Lancashire Sport for European Structural and Investment Funds and not to act as a “cluster lead“ for the More Positive Together programme within this district.

Option 2: To accept the bid and funding being sought by Lancashire Sport for European Structural and Investment Funds and to act as a “cluster lead“ for the More Positive Together programme within this district.

Advantages

Any internal resources released through not participating in the programme could be deployed on other activities

Additional outside funding would be made available in this district to assist in reducing worklessness.

Social housing tenants would be provided with the opportunity to enhance their employability, and potentially reduce the need for welfare benefits.

 

Disadvantages

Additional outside funding would not be made available in this district to assist in reducing worklessness.

 

Accessing ESIF funding presents organisational and bureaucratic demands.

Risks

Reputational risk of not being part of a pan-Lancashire funding programme.

Reputational risk though possible inability to bring together a programme to be delivered through delivery partners.

Financial risk of ESIF claims not being accepted.

 

The Officer preferred option was for Cabinet to accept the bid and funding being sought by Lancashire Sport for European Structural and Investment Funds and to act as a “cluster lead” for the More Positive Together programme within this district.

 

Councillor Leytham proposed, seconded by Councillor Pattison:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

(1)       That approval is given to the Council’s participation in a bid for European Structural and Investment Funds being made by Lancashire Sport, and for the Council to act as a “cluster lead” to support the More Positive Together tackling worklessness project within social housing in this district.

Officer responsible for effecting the decision:

 

Chief Officer (Health & Housing)

 

Reasons for making the decision:

 

Supporting the bid is compatible with the Council’s core purposes to:

·         “bring communities and agencies together to work in partnership to address the major issues affecting the district”, and

·         “maintain a sustainable and cohesive community by ensuring we understand the needs of our communities and provide equality of access to our services and employment opportunities.”

 

If the bid is successful the funding will enable the Council to support households with multiple and complex barriers to  ...  view the full minutes text for item 41.

42.

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 paragraphs 1 & 2 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:

The Chairman asked for any further declarations of interest from Cabinet Members regarding the exempt report.

 

It was moved by Councillor Clifford and seconded by Councillor Blamire:-

 

“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 paragraphs 1 and 2 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 paragraphs 1 and 2 of Schedule 12A of that Act. 

 

43.

Service Review – Council Housing

(Cabinet Member with Special Responsibility Councillor Leytham)

 

Report of Chief Officer (Health and Housing). 

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Leytham)

 

Cabinet received a report from the Chief Officer (Health & Housing) which sought approval for proposals to restructure the housing management service of the Council and for the budgetary provision to support the proposed restructure.  The report was exempt from publication by virtue of paragraphs 1 and 2 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 Leytham proposed, seconded by Councillor Clifford:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

(1)             That subject to consultation and (2) below, the proposed approach, as set out in Option 1 in the exempt report, be approved and implementation of the specific restructure proposals are reported to Personnel Committee for approval as appropriate. 

(2)             That implementation of the above is subject to the required funding being identified and ensuring that it fits in with the overall 30 Year HRA Business Plan and Medium Term Financial Strategy (MTFS), for approval as part of the 2017/21 Budget Process.

 

Officers responsible for effecting the decision:

 

Chief Officer (Health & Housing)

Chief Officer (Resources)

 

Reasons for making the decision:

 

The decision will enable the Council to provide a modern, high quality and improved housing management service to tenants and leaseholders and is consistent with the   Council’s core purposes to:

·         bring communities and agencies together to work in partnership to address the major issues affecting the district.

·         provide a range of customer-focussed services that deliver our statutory responsibilities, offer value for money and meet the needs of people who live in, work in and visit the district.

·         maintain a sustainable and cohesive community by ensuring we understand the needs of our communities and provide equality of access to our services and employment opportunities.