Agenda and draft minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 12 February 2019 (previously circulated). 

The minutes of the meeting held on Tuesday 12 February 2019 were approved as a correct record.

The Chairman advised that there were no items of urgent business.

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. 

Councillor Whitehead declared a non-prejudicial interest with regard to Agenda Item 11 in view of her being a patron of the Dukes.

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 Director of Economic Growth and Regeneration

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Director of Economic Growth and Regeneration, which sought approval for the Wray-with-Botton Neighbourhood Plan to proceed to referendum at the earliest possible opportunity.

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

                     The preferred option is Option 1. Given the level of work undertaken by the Neighbourhood Plan Sub Group alongside the extensive consultation that took place prior to the Examination of the plan it is considered that subject to the outcome of the referendum that it is the will of the community of the Parish of Wray-with-Botton for a neighbourhood plan to be prepared. The independent Examiner has scrutinised the plan in making an assessment as to whether it meets the Basic Conditions and subject to modification is of the view that the plan is ready to proceed to  ...  view the full minutes text for item 95.

(Cabinet Member with Special Responsibility Councillor Clifford)

Report of Director of Economic Growth and Regeneration

(Cabinet Member with Special Responsibility Councillor Clifford)

Cabinet received a report from the Director of Economic Growth and Regeneration, which sought approval of the Arts and Culture Policy for consultation.  The policy framework was designed to provide a means by which the Council’s support for arts and culture could be evaluated against corporate priorities and key quality criteria.

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

Continuing without a policy in place offers no identified benefits. The lack of policy risks public funds being used to promote activities that either do not provide value for money or offer no material benefit. Introducing a policy based on evidence will ensure fairness and consistency in terms of allocation of funds and resources and will align the delivery of services with the Council’s priorities.

The officer preferred option is to agree the draft Arts and Culture Policy for consultation.

Councillor Clifford proposed, seconded by Councillor Hanson:-

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

Councillors then voted:-

Resolved unanimously:

(1)          That the draft Arts and Culture Policy be approved for consultation.

Officer responsible for effecting the decision:

Director of Economic Growth and Regeneration

Reasons for making the decision:

The City Council invests and uses its resources to support arts and culture in the district.  The decision will enable the Council to establish the arrangements necessary to ensure the best possible results from its contributions in a way that is fair and transparent.

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 items in private if it becomes necessary to refer to the exempt appendices within Agenda items 9 and 10.

Agenda item 11 is fully exempt.

Cabinet is recommended to pass the following recommendation in relation to the following items:- 

“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 Hughes and seconded by Councillor Pattison:-

“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 items 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 items 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 Hanson)

Report of Director of Economic Growth and Regeneration

(Cabinet Member with Special Responsibility Councillor Hanson

Cabinet received a report from the Director of Economic Growth and Regeneration to report on the terms agreed in relation to disposal of land at the former Shell ICI site and as required under the Cabinet agreement to the disposal dated 12 February 2013.

Whilst the report was public, Appendices B & C were 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 report as follows:

The officer preferred option is Option 1 as it accords with the legal obligations contained within the option agreement between the parties.

·         It retains ‘surplus’ land for future alternative uses.

·         It secures the councils future position as to compliance with S123 of the Local Government act and provides the ability to ‘control’ the nature of uses across the Heysham Gateway area.

·         The proposed use accords with the Councils stated development aspirations for the area as outlined in the emerging local plan and Heysham Gateway Vision Document.

Councillor Hanson proposed, seconded by Councillor Clifford:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That the terms of sale be agreed, following exercise of the Option to purchase a lease by Clifton Marsh Power (now trading as Lancaster Power) and Lancaster City Council arising from an agreement dated 30^th July 2014.

(2)        That delegated authority to complete the transaction be granted to the Director of Economic Growth and Regeneration.

Officer responsible for effecting the decision:

Director for Economic Growth and Regeneration

Reasons for making the decision:

The proposal supports the Councils Corporate plan, local Plan and Vison document for the area, in its priority of economic growth and key themes of environmental sustainability and effective management of the Councils resources. The transaction will provide a certain capital receipt to the council, allow the redevelopment of this brownfield site for energy related uses, attract valuable inward investment into the district, create immediate jobs during the construction phase and a lesser number of long terms jobs during the plants operational phase. It concludes the council’s original decision to dispose of  ...  view the full minutes text for item 98.

(Cabinet Member with Special Responsibility Councillor Warriner)

Report of Director of Economic Growth and Regeneration

(Cabinet Member with Special Responsibility Councillor Warriner)

Cabinet received a report from the Director of Economic Growth and Regeneration, to approve a grant application to fund the pre-development costs to support a community led development being brought forward by Halton Senior Co-Housing Group Ltd.

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 1. 

Whilst recognising the level of grant required to fund the pre-development costs is considerable, in construction             terms this represents a small proportion of the overall scheme costs.   Halton Senior Co-Housing Limited is already positioning itself to take this scheme forward, and has obtained an in principle approval for the necessary development finance to fund the project. 

Councillor Warriner proposed, seconded by Councillor Hughes:-

“That recommendations (1) and (2), as set out in the report, be approved with the following revision to recommendation (3):

·         That the Section 151 Officer be authorised to update the General Fund Revenue Budget to reflect any decision taken under recommendation 1 to be funded from the Revenue Grants Unapplied, and subject to the Section 151 Officer being satisfied on appropriate grant conditions being provided or agreed and there  ...  view the full minutes text for item 99.

(Cabinet Member with Special Responsibility Councillor Clifford)

Report of Director for Economic Growth and Regeneration

(Cabinet Member with Special Responsibility Councillor Clifford)

Cabinet received an exempt report from the Director of Economic Growth and Regeneration to determine the Council’s position with regard to the Dukes new business model. 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 Clifford proposed, seconded by Councillor Pattison:-

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

Councillors then voted:-

Councillor Whitehead having declared a non prejudicial interest in view of her being a patron of the Dukes, did not take part in the discussions or vote.

Resolved:

(7 Members (Councillors Blamire, Burns, Clifford, Hanson, Hughes, Pattison and Warriner) voted in favour).

(1)          That support measures that could potentially be used to support the development and delivery of the Dukes new business plan, as detailed in the exempt report, be approved.

(2)        That support for the Dukes is approved, in principle, with final decisions to be delegated to the Director for Economic Growth and Regeneration, in consultation with the Portfolio Holder. Any funding or service support is subject to the fiduciary duty of the statutory officers and reasonable conditions to protect the Council’s investment.

(3)        That the current annual grant to the Dukes is maintained at its current level for 2019/20, noting that future funding is subject to review as part of the usual annual budget processes.

Officer responsible for effecting the decision:

Director of Economic Growth and Regeneration

Reasons for making the decision:

Culture and the services delivered by the Dukes directly contribute to the Council Plan under a Thriving and Prosperous Economy and Health and Happy Communities.              A number of cultural organisations in the country are currently facing financial challenges as public funding reduces and it is clear that protecting and developing cultural services, and all of the outcomes that they deliver, will require solutions that go beyond simple public funding.  The focus of the Dukes, working with ACE and the Council has been to tackle the current difficulties but in a way that will allow the Dukes to develop its role and programme again in the future, with a focus on the many benefits that can be delivered for this area and its communities.