Agenda and draft minutes

Cabinet
Tuesday, 3rd September 2019 6.00 p.m.

Venue: Morecambe Town Hall

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

Items
No. Item

14.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 6 August 2019 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 6 August 2019 were approved as a correct record.  The Chair advised the meeting of an update concerning Minute (7), and that the process of appointments to the Lancashire Police and Crime Panel had been referred to the Secretary of State.

 

15.

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 Chair advised that there were no items of urgent business.

 

16.

Declarations of Interest

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

Councillors 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, Councillors 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, Councillors 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:

Councillor Frea declared a personal interest with regard to the Applications for Grant Funding from Lune Valley Community Land Trust and Halton Senior Co-Housing report, in view of him being a member of Lune Valley Community Land Trust.  Councillor Frea informed Cabinet that he did not consider his interest to be prejudicial.

 

17.

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.

 

At this point the Chair moved that the standing orders be suspended to allow for questions to be taken from all members as the reports were introduced.  The proposal was seconded by Councillor Reynolds and unanimously agreed.

 

Resolved unanimously:

 

(1)          That standing orders be suspended.

18.

Delivering our Ambitions Q1 pdf icon PDF 92 KB

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Report of Director of Corporate Services

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Cabinet received a report from the Director of Corporate Services, which provided an update on performance, projects and resources during the first quarter of 2019-20 (April – June 2019.)

 

It was noted that the report and appendices represented the initial step in aligning performance, project and resource information into an integrated format, to provide members with a comprehensive view of progress against the Council’s agreed priorities.  Officers responded to a number of questions that were asked on each section of the report.

 

Councillor Whitehead proposed, seconded by Councillor Brookes:-

 

“That the updates be approved and the report commended to the Budget & Performance Panel.”

 

Councillors then voted:-

 

Resolved unanimously:

 

That the updates be approved and the report commended to the Budget & Performance Panel.

 

Officer responsible for effecting the decision:

 

Director of Corporate Services

 

Reasons for making the decision:

 

Performance, project and resource monitoring provides a link between the Council Plan and operational achievement by providing regular updates on the impact of operational initiatives against strategic aims.

 

19.

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 Hamilton-Cox and seconded by Councillor Reynolds:-

 

“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. 

 

 

20.

Lancaster Caton Road (Phase 3) Flood Risk Management Scheme pdf icon PDF 141 KB

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Report of Director for Economic Growth and Regeneration

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Cabinet received a report from the Director for Economic Growth and Regeneration to update members on the progression of the River Lune flood defence scheme.  The report reviewed the scheme as it entered the preliminary site preparation and construction phase and provided commentary on the current estimated forecast outturn construction cost and project risks.  Options and recommendations on the need for additional council funding to offset specific scheme scope and specification risks were also considered.

 

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

 

 

Option 1:  Continue to progress the current affordable scheme.

 

Option 2: Council agrees an additional contribution to ensure delivery of all the High/Medium/Low priority implementation and scope risks.  

 

Option 3:  Council agrees a contribution to cover only the High and Medium priority implementation and scope risks. (Preferred Option)

Advantages

No further immediate funding required.

 

Scheme proceeds with the potential to provide majority of benefits provided by the “preferred scheme” scope. 

 

High incentive for “in scheme” cost mitigation and the securing of additional public/private funding. 

Allows all priorities to be addressed to a sound risk profile which should allow all identified implementation and scope matters to be addressed.

 

Low risk of unplanned expenditure at a future date.

 

 

Potential to deliver against most critical implementation risks.

 

Retains a high incentive for “in scheme” cost mitigation and the securing of additional public/private funding to secure all scheme benefits.

 

Lower risk of unplanned expenditure.

Disadvantages

High likelihood the current risk allowance is too low to cover all identified implementation risks.

 

Discrete areas remain at the current level of flood protection.

 

No guarantee further cost mitigation or funding sources will materialise “in scheme”.

 

Additional cost to the General Fund revenue budget.

 

Low incentive for “in scheme” cost mitigation and the securing of additional public/private funding. 

 

 

 

Additional cost to the General Fund depending on priorities chosen (though lower than Option 2).

 

Residual implementation / scope risks, and potentially reputational risks.

 

No guarantee further cost mitigation or funding sources will materialise “in scheme”.

 

Risks

Reputational risks of being unable to cover scope risks.  

 

Construction cost increases due to identified risks materialising leading to unplanned expenditure.

 

Implementation and scope risks are minimised.

Potential for certain implementation/reputational risks to remain depending on outturn of scheme. 

 

Construction risks minimised through fully supported (in term of funding) risk register

 

 

As officers have identified a risk of future unplanned expenditure Option 1 is not preferred.  If Members wish to proceed the critical question is the affordability and scale of the council’s contribution.  The preferred option is Option 3: Members agree a contribution to cover High/Medium priority implementation and scope risks. 

 

Option 3 will result in an additional cost of £17K per annum to the council’s budgetprofile but allows officers to bring more certainty in deliverability and ensures further cost mitigation and saving measures can be explored with confidence.

 

As previously reported, a financial “return” against the council’s total  ...  view the full minutes text for item 20.

21.

Applications for Grant Funding from Lune Valley Community Land Trust and Halton Senior Co-Housing Group Ltd

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

 

Report of Director for Economic Growth and Regeneration

 

(Report to follow subject to the agreement of the Chair of Overview & Scrutiny for Cabinet to go into private session in accordance Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, Part 2, Regulation 5 (6) Procedures prior to private meetings)

Minutes:

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

 

Cabinet received a report from the Director for Economic Growth and Regeneration that provided an update on the position in respect of the Halton Mills housing project and proposed a way forward, which would allow pre-development to proceed as well as ensure implications in respect of extant sums, state aid and procurement were addressed.  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 a exempt report exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

 

Resolved unanimously:

 

(1)          The resolution is set out in a minute exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

 

 

Officer responsible for effecting the decision:

 

Director for Economic Growth and Regeneration

 

Reasons for making the decision:

 

The decision is consistent with the Council Plan and improving the quality and availability of housing including the provision of affordable housing.  Approval of this report will have a positive impact as considerable efforts are being made to ensure the housing provided will meet an identified need and the design and quality of the housing proposed offers the potential to meet the needs of vulnerable groups and those in need of affordable housing.