Agenda and minutes

Cabinet
Tuesday, 7th August 2018 6.05 p.m.

Venue: Lancaster Town Hall

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

Items
No. Item

21.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 26th June  2018 and Tuesday 3rd July 2018 (previously circulated). 

Minutes:

The minutes of the meetings held on Tuesday 26 June and Tuesday 3 July 2018 were approved as a correct record.

 

22.

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 Chairman advised that there was one item of urgent business regarding Heysham Gateway (Minute 30 refers). As it was an exempt report it would be considered in the private part of the meeting.

23.

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.

                     

24.

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.

 

25.

St George's Quay Car Park pdf icon PDF 291 KB

(Cabinet Member with Special Responsibility 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) to consider an objection to the Council’s plan to introduce formalised car parking management and charges on St George’s Quay car park.

 

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

 

 

Option 1: Not uphold the objection

Option 2: Uphold the objection

Advantages

 

This option allows the original decision of introducing formal management of the car park to be implemented.

 

This option will give priority to residents and businesses for the limited parking that is available.

 

This option will prevent commuter and long term parking of vehicles.

 

 

None

Disadvantages

 

Car parking charges will be introduced to offset the cost of enforcement and other operational costs.

 

 

This option will not prevent the commuter and long term parking.

 

Alternative management proposals would potentially have to be developed.

 

This option has specific budgetary implications and affects other car parking proposals that have further budgetary implications.

 

 

Risks

 

Criticism for not introducing long standing proposals for formalised management of the car park

 

Unmanaged, commuter and long term parking would continue on the car park.

 

The officer preferred option is to not uphold the objection.

 

Councillor Clifford proposed, seconded by Councillor Pattison:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

(1)             That the objection to the concept and imposition of parking charges on St George’s Quay Car park be noted.

(2)             Not to uphold the objection and to continue the process of implementing the decisions already made by Cabinet.

Officer responsible for effecting the decision:

 

Chief Officer (Environment)

 

Reasons for making the decision:

 

The proposed increases and car parking management arrangements approved by Cabinet in February (and subsequently included in the budget approved by Council) were considered to be fair and reasonable and in line with the Fees and Charges Policy. Blue badge holders will be able to park free of charge without time limit on the car park in line with the Council’s discretionary arrangements for all its managed car parks.  In terms of the specific proposals for the St. George’s Quay car park, introducing formalised management of the car park is consistent with managing car parking assets to raise revenue and to give priority where appropriate to residents and businesses and to remove long term and commuter parking.  

 

26.

Lancaster Caton Road (Phase 3) Flood Risk Management Scheme pdf icon PDF 280 KB

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Report of Assistant Chief Executive

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Cabinet received a report from the Assistant Chief Executive to update Members on the River Lune flood defence scheme progress and funding matters, and agree the draw down and commitment of an additional portion of Environment Agency funding in order to undertake further critical work on design development and cost planning.

 

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

 

 

Option 1: Do nothing

 

 

Option 2: Accept a further £2.3M EA FDGiA and use £532K to undertake further design development work in support of funding, planning and delivery of the Phase 3 Flood Defence Scheme.

 

Advantages

Officers do not have to undertake further development work on a major capital scheme.

 

Gives the best chance of a scheme to be ready that secures all statutory, contractual and funding requirements and which meets current deadlines.

 

Continues the process of applying more certainty to scheme costs and deliverability in conjunction with the partner contractor.

 

Allows work on costs and deliverability to support the planning application.

 

Disadvantages

Without additional resources it is unlikely that officers will be able to develop the package of works in sufficient detail with the partner contractor to allow:

 

·     a formal contract for the works to be agreed by the end of March 2019.

 

·     further investigations and deliverability work to support the planning application and statutory requirements.

 

Engages the council and its staff resources in the continuing development of a major capital project.

 

 

Risks

Reputational risks of being unable to deliver a contract within the deadlines imposed by ERDF and MCHLG.

 

Reputational risks of missing / delaying delivery and the planning application being refused for lack of information.

 

Engaging in a more detailed development phase without certainty of the funding package or contractual delivery may raise expectations (although the council is not committed to any construction contract).

 

The officer preferred option is Option 2 to accept a further £2.3M EA FDGiA and use £532K to undertake further design development work in support of funding, planning and delivery of the Phase 3 Flood Defence Scheme.

 

This decision allows the council to progress the detailed design and bring more certainty to deliverability and costs in order to inform planning and statutory requirements and ensure the challenging contracting deadlines have the best prospect of being achieved.

 

As the council has progressed a phased tender under the WEM framework officers are confident all spend will be ERDF compliant and available to be used as match funding to ERDF grant should this be approved and accepted in future. 

 

While progressing further work does not commit the council to accepting ERDF funds, or progressing a full scheme, more detailed work has to be undertaken for there to be the chance of meeting ERDF contracting and delivery deadlines.  Option 2 also allows officers to continue to explore and confirm the appetite of the major businesses to assist with significant financial contributions and continue to investigate other potential  ...  view the full minutes text for item 26.

27.

Corporate Financial Monitoring 2018/19 - Quarter 1 pdf icon PDF 220 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) to provide an overview of the Council’s financial position for Quarter 1 of the 2018/19 monitoring cycle and the supporting actions underway.

 

As the report was primarily for noting, no options were provided.  It was noted that a revised Annex B, an update on Salt Ayre had been included in the supplementary report.

 

It was proposed by Councillor Whitehead, seconded by Councillor Clifford and resolved unanimously that the report and supporting actions be noted.

 

Resolved unanimously:

 

(1)          That the report and supporting actions, as set out in the report, be noted.

 

28.

PROPOSED ALLOCATIONS FROM THE BUDGET SUPPORT RESERVE - PROGRAMME UPDATE pdf icon PDF 231 KB

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Report of Assistant Chief Executive – (Report to follow)

Minutes:

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Cabinet received a report from the Chief Officer (Resources) which sought consideration of proposed allocations from the Budget Support Reserve to enable the progress of related matters.

 

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

 

Approve the allocations as proposed:

Essentially the proposals are to help ensure that the Council has adequate capacity to develop and take forward its plans, in a timely and structured manner to help ensure successful outcomes.  There is risk in terms of abortive costs for example, should the business case for any proposal prove unviable.  There is also risk that the allocations will be insufficient, or that suitable and timely expertise cannot be secured, as further examples.  These are typical project risks and would be mitigated through the governance arrangements proposed.  Relevant Officers would be held to account, in support of good governance.

 

Amend/defer the proposed allocations

Should Cabinet consider this option, the rationale and implications of any proposed amendment would need to be considered and addressed.

 

Do not approve the allocation

Should this option be chosen, then the Council could not reasonably expect to deliver its key projects in any timely fashion, and this would impact on the achievement of outcomes at set out in the Council Plan, and on the achievement of financial targets as set out in the Medium Term Financial Strategy (MTFS).  If no additional capacity was to be facilitated at any point, this would require fundamental reconsideration of the Council’s direction and its budget, together with supporting strategies and plans. 

 

The relevant Officers’ preferred option is to approve the allocations as proposed, for the reasons stated.

 

Councillor Whitehead proposed, seconded by Councillor Pattison:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)          That Cabinet approves a total allocation of £300K from the Budget Support Reserve to cover Programme Management Capacity and Project Support Capacity, with the allocations managed under the governance arrangements as set out in the report.

 

Officer responsible for effecting the decision:

 

Financial Services Manager

 

Reasons for making the decision:

 

The purpose of the Budget Support Reserve is to provide resources to help finance capacity, feasibility/review and other development work in support of the Council’s corporate planning and budgeting arrangements. Work was currently ongoing to review the City Council’s existing projects to ensure the projects and project governance is robust and supports successful delivery.   Many of the projects are linked to the Council’s transformation, digital and commercial agendas and short-term specialist support is required to progress the projects, which will assist the Council in modernising and provide for income generation in the future.

29.

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 Hanson and seconded by Councillor Clifford:-

 

“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. 

 

30.

Item of Urgent Business - Heysham Gateway

Minutes:

(Cabinet Member with Special Responsibility Councillor Blamire)

 

In accordance with Part 4, Section 7, Urgent Business Procedure Rules and S100 (B) of the Local Government Act 1972, Cabinet received a report from the Financial Services Manager.  The report sought approval to delegate to the Financial Services Manager in consultation with the Cabinet Member to vary the terms of the condition exchange of contracts from those set out in Appendix A of Annex 3 of the exempt report of the 8th August 2017.  The report was exempt from publication by virtue of Paragraph 3 of Schedule 12a of the Local Government Act 1972. 

 

The Chairman had agreed to consider the report as an item of urgent business in order to enable the conditional exchange of contracts to progress, avoid unnecessary delay and allow the transaction to conclude as soon as practical.  The Chairman of the Overview and Scrutiny Committee had been consulted and agreed to the item being treated as a matter of urgency in accordance with Overview and Scrutiny Procedure Rule 17(a) and therefore not subject to call-in.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the exempt report.

 

Councillor Blamire proposed, seconded by Councillor Hanson:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

(1)       That Cabinet authorises the Financial Services Manager to approve any subsequent revisions needed to the sale terms in respect of this land sale, after consultation with the Leader, up to an assessed liability as set out in the exempt report.

(2)     That it be noted that the Chairman of the Overview and Scrutiny Committee had agreed to waive the call-in period regarding implementation of the decision.

 

Officer responsible for effecting the decision:

 

Assistant Chief Executive

Financial Services Manager

Interim Head of Legal & Democratic Services

 

Reasons for making the decision:

 

Sustainable economic growth is a high level Corporate priority for the City Council with Heysham Gateway identified as a regeneration priority in the Core Strategy and Local Plan.  Cabinet approved entering into a conditional sale contract in August 2017 (Minute 23 – 8.8.2017 refers) and permitting the further delegation enables positive and quick progress to be made.  Cabinet will receive a further report at the conclusion of the process.

 

31.

Land forming part of Lancaster Leisure Park, Lancaster

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Report of Chief Officer (Resources)

Minutes:

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Cabinet received a report from the Chief Officer (Resources) regarding the land forming part of Lancaster Leisure Park, which 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 Blamire proposed, seconded by Councillor Hanson:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)          The resolutions are set out in a minute exempt from publication under Paragraph 3 of Schedule 12A of the Local Government Act 1972. 

 

Officer responsible for effecting the decision:

 

Assistant Chief Executive

 

Reasons for making the decision:

 

The reasons for making the decision are set out in a minute exempt from publication under Paragraph 3 of Schedule 12A of the Local Government Act 1972.