Agenda and minutes

Cabinet - Tuesday, 18th January 2022 6.00 p.m.

Venue: Morecambe Town Hall

Contact: Liz Bateson, Democratic Services - email  ebateson@lancaster.gov.uk 

Items
No. Item

59.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 7 December 2021 (previously circulated). 

Minutes:

 

The minutes of the meeting held on Tuesday 7 December 2021 were approved as a correct record.

 

60.

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.

 

 

61.

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:

62.

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.

63.

Advancing the Climate Emergency Local Plan Review pdf icon PDF 412 KB

(Cabinet Member with Special Responsibility Councillor Dowding)

 

Report of Director for Economic Growth & Regeneration

Minutes:

Cabinet Member with Special Responsibility Councillor Dowding)

 

Cabinet received a report from the Director for Economic Growth & Regeneration that set out progress on the preparation of the Climate Emergency Review of the Local Plan (CELPR) following consultation on updated versions of both the Strategic Policies & Land Allocations Development Plan Document (DPD) and Development Management DPD in 2021 under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The report sought the support of Cabinet for the revisions made to the both the Strategic Policies & Land Allocations DPD and Development Management DPD in response to the Regulation 18 consultation and additional evidence. Cabinet was asked to support the intention to seek a resolution from Council to formally publish both DPDs and then submit the documents, the representations received and all supporting evidence to the Secretary of State under Regulations 19 and 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

 

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

 

Option 1: That Cabinet Members support the intention to take the CELPR to Council, anticipated on 26th January 2022, with a recommendation seeking a resolution to publish the CELPR, obtain formal representations and then submit the documents to the government for independent Examination. This will ensure the relevant regulations are followed and will enable stakeholders to make their views on soundness of the plan and its preparation process. The submitted documents will then be considered by a government appointed Inspector.


Advantages: The Publication and Submission of the CELPR are essential stages in advancing the Council’s ambitions to review it adopted Local Plan to better address the Climate Emergency.

 

The Council’s Local Development Scheme (LDS) provides the intended timetable for advancing the plan through these stages. The proposed revision of the plan is supported by evidence documents, on matters such as development viability, that are time-sensitive; delaying publication and submission would affect the applicability and relevance of evidence documents.

 

The CELPR will strengthen policies in a way that can realise better outcomes from development on Climate Change mitigation and adaptation.


Disadvantages: None


Risks: The Inspector at independent Examination may conclude that the CELPR could have benefited from further work prior to submission.


Option 2: That Cabinet Members do not support the intention to take the CELPR to Council, anticipated on 26th January 2022, with a recommendation seeking a resolution to publish the CELPR, obtain formal representations and then submit the documents to the government for independent Examination.


Advantages: Further time could be spent on continuing to prepare policies before publication and submission.


Disadvantages: Delay to the CELPR processes will increase the time that passes until its potential formal adoption. It is only upon formal adoption that the revised policies will form the development plan that is used in the determination of development proposals. Delay in plan preparation would mean a delay in realising better outcomes from development on Climate Change  ...  view the full minutes text for item 63.

64.

Corporate Fees & Charges Review 2022/23 pdf icon PDF 523 KB

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Report of Director of Corporate Services  (report published on 13.01.22)

Additional documents:

Minutes:

Cabinet Member with Special Responsibility Councillor Whitehead)

 

Cabinet received a report from the Chief Finance Officer in order that Members could endorse the Fees and Charges report for 2022/23 and consider a range of charging options as deemed appropriate to the service area.

 

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

 

The policy attached to the report remains substantively unchanged and it is considered that it remains fit for purpose (at least in the short term) and it adequately covers Cabinet’s budget proposals. As such, no options are presented and Cabinet is simply requested to endorse the policy, with a review being undertaken next year.

 

With regard to charges in general, inflation has been applied and the impact has been fed into the draft general fund budget for 2022/23. Should Members wish to apply inflation, further work to determine charging levels would need to take place and be fed into the budget setting process as appropriate.

 

With regard to other specific considerations, these have been fed into the draft revenue budget where appropriate and will seek to update the net financial position when agreed as part of the budget setting process.

 

The introduction of the new regeneration and planning charges are subject to Member agreement and as such are included as a recommendation within this report.

 

Councillor Whitehead proposed, seconded by Councillor Lewis:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)             That Cabinet endorses the Fees and Charges Policy as set out at Appendix A to the report, and during 2022/23 as part of the mid-year budget strategy review determines whether any other areas of income generation be explored further for 2023/24 onwards.

 

(2)             That Cabinet note that a car parking tariff review will take place and a further report will be presented to Cabinet outlining future options, as reported as part of the current 2022/23 budget setting process.

 

(3)     That Cabinet endorses the freezing of Salt Ayre Leisure Centre prices, as reported as part of the current 2022/23 budget setting process with the exception of retail-led activities.

 

(4)       That Cabinet endorses the freezing of garden waste collection charges, as agreed by Cabinet on 27th October 2020.

 

(5)      That Cabinet endorses the annual review of Mellishaw Park pitch fees in line with RPI, as prescribed by the Mobile Homes Act 1983.

 

  (6)       That Cabinet endorses the return to applying inflationary increases to fees and  charges across all remaining areas as appropriate, as reported as part of the current 2022/23 budget setting process.

 

(7)      That Cabinet endorses the implementation of the new charges in respect, as reported as part of the current 2022/23 budget setting process.

 

Officer responsible for effecting the decision:

 

Chief Finance Officer

 

Reasons for making the decision:

 

Fees and charges form an integral part of the budget setting process, which in turn relates to the Council’s priorities. Under the Medium Term Financial Strategy (MTFS), income generation is  ...  view the full minutes text for item 64.

65.

Budget & Policy Framework Update pdf icon PDF 607 KB

(Cabinet Member with Special Responsibility Councillor Whitehead)

 

Report of the Chief Finance Officer  (report published on 17 January 2022)

Additional documents:

Minutes:

Cabinet Member with Special Responsibility Councillor Whitehead)

 

Cabinet received a report from the Chief Finance Officer that provided an update on the Council’s budget strategy for 2022/23 and financial outlook up to 2025/26. Specifically, the report considered the budget and council tax proposals for 2022/23.

 

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

 

It is essential that the Council Tax rate is set in accordance with the Council tax billing timetable. Any delay would put the Council at risk of not being able to collect the tax in time to make precept payments which would have serious cash flow implications.

 

Regarding the budget strategy, Cabinet may approve the proposals as set out, 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 ambitions. The proposed approach is in line with that broad aim and any changes that Cabinet puts forward should also be framed in that context.

 

In term of the actual budget position, this report puts forward a balanced budget. If Cabinet agrees the budget, then it will form their proposal to Budget and Performance Panel on 02 February 2022. The feedback from this meeting will be considered by Cabinet and incorporated into a final budget proposal which will be considered at the Cabinet meeting on 08 February 2022 and recommended to Council on 24 February 2022.

 

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

 

“That the recommendations, as set out in the report, be approved with an additional recommendation to the Capital Programme at Appendix C to include the Canal Quarter Scheme and Bailrigg Garden Village schemes within the development pool ”

 

Councillors then voted:-

 

Resolved unanimously:

 

 

(1)   That Cabinet make recommendations to Council regarding the Lancaster City Council element of the Council Tax as set out in paragraph 3.4 (option one) of this report which is a £5 increase to the Band D Council Tax (from £236.95 to £241.95).

 

(2)   That Cabinet makes recommendations regarding its initial budget proposals as set out in section 4 and Appendix A of this report.

 

(3)   That the Capital Programme be revised to include the Canal Quarter Scheme and Bailrigg Garden Village schemes within the development pool.

 

(4)    That the recommendations and proposals in this report be referred to Council on 26 January for initial consideration as well as being presented for scrutiny by Budget and Performance Panel on 02 February, in order that any feedback can be provided to Cabinet at its 08 February meeting.

 

Officer responsible for effecting the decision:

Chief Finance Officer

 

Reasons for making the decision:

 

The budget framework in general sets out a financial plan for achieving the Council’s corporate priorities .incorporating measures to make progress in addressing the climate emergency and digital improvements as well as activities to address wellbeing, health and community safety.  The  ...  view the full minutes text for item 65.

66.

Eden North: Car Parking - Agreement in Principle pdf icon PDF 385 KB

(Cabinet Member with Special Responsibility Councillor Dowding)

 

Report of Chief Executive

Additional documents:

Minutes:

Cabinet Member with Special Responsibility Councillor Dowding)

 

Cabinet received a report from the Chief Executive  with regard to Car Parking at Eden North.  To support progression of the Eden North planning application and business / funding case, the council needed to confirm it supported a jointly agreed strategic approach to the handling of car-borne visitors to the proposed attraction. The report sought approval to parameters which would assist the project in satisfying the demands of the Local Planning Authority and Government funding approval processes, with specific regard to the role of council car parking assets in Eden North's sustainable travel and transport proposals.

 

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

 

Option 1: The terms of the Agreement in Principle outlining the proposed role in Eden North’s Transport / Parking Strategy of city council car parking assets in Morecambe is endorsed.


Advantages: Provides a degree of formal support towards a jointly agreed strategic approach to the handling of car-borne visitors to the proposed Eden North attraction.

 

Approval of the parameters will assist the project in satisfying the demands of the Local Planning Authority and Government funding approval processes, with specific regard to the role of council car parking assets in Eden North's sustainable travel and transport proposals.


Disadvantages: No disadvantages identified.


Risks: The practical operational mechanisms will be a complex area and the final likely impact on the council’s net income in comparison with the current public use profile of Morecambe’s public car parking spaces will need to be assessed. However, officers are confident that the dynamic booking arrangements can be progressed and formally agreed, and day-to-day parking demand for Morecambe Town Centre can be managed alongside Eden North visitor demands.


Option 2: The terms of the Agreement in Principle outlining the proposed role in Eden North’s Transport / Parking Strategy of city council car parking assets in Morecambe are not agreed.


Advantages: No advantages identified.


Disadvantages: This will not support nor satisfy the demands of the Local Planning Authority and Government business case approval processes.


Risks: This must be framed in terms of the downside risk of Eden North failing to progress efficiently through the statutory planning process and potentially failing to secure planning approval under the current application process.

 

The officer preferred option is Option 1.

 

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

 

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)       That the terms of the Agreement in Principle outlining the proposed role in Eden North’s Transport / Parking Strategy of city council car parking assets in Morecambe be endorsed.

 

 (2)      That a further report on the detailed operational and financial mechanisms of the proposed operations is considered by Cabinet prior to formal contractual agreement.

 

Officer responsible for effecting the decision:

 

Chief Executive

 

Reasons for making the decision:

 

Eden Project North provides an opportunity to deliver considerable social and economic benefits for Morecambe and the  ...  view the full minutes text for item 66.

67.

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.  Whilst agenda item 11 is public it contains exempt appendices and Cabinet would be recommended to go into private session if Members wish to refer to the exempt appendices.

 

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 Brookes and seconded by Councillor Whitehead:-

 

“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. 

 

68.

Lancaster City Council Corporate Rebranding pdf icon PDF 248 KB

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

 

Report of the Chief Executive

Additional documents:

Minutes:

Cabinet Member with Special Responsibility Councillor Caroline Jackson)

 

Cabinet received a report from the Chief Executive which sought approval for the newly designed version of the Lancaster City Council logo as part of a wider corporate rebranding development project as well as approval to develop a brand implementation programme that would build a consistent identity across council services and incorporate the principles of the new logo design.  After a lengthy debate it was apparent that further consideration needed to be given to this before a formal decision was taken by Cabinet. With the agreement of the meeting the Chair withdrew the item.

 

Resolved:

 

That consideration of the Lancaster City Council Corporate Rebranding be withdrawn and considered at a future Cabinet meeting.

69.

Morecambe Sparkle 2022/25

(Cabinet Member with Special Responsibility Councillor Thornberry)

 

Report of Director of Economic Growth & Regeneration   (report published on 18 January 2022)

Minutes:

(Cabinet Member with Special Responsibility Councillor Thornberry)

 

Cabinet received a report from the Director for Economic Growth & Regeneration which sought approval to offer support to a new charitable incorporated organisation, Morecambe Sparkle.  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 .

 

It was proposed by Councillor Thornberry, seconded by Councillor Heath and resolved unanimously when put to the vote:-

 

Resolved unanimously:

 

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

 

Officer responsible for effecting the decision:

 

Director for Economic Growth & Regeneration

 

Reasons for making the decision:

 

The decision is consistent with Council priorities.  Exactly how the decisions fits with Council priorities is set out in the exempt minute.

 

 

70.

Land forming part of Lancaster Leisure Park, off Wyresdale Road, Lancaster

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Report of Director for Economic Growth & Regeneration

Minutes:

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Cabinet received a report from the Director for Economic Growth & Regeneration to declare surplus to requirement, consider and approve the freehold disposal of the land currently forming part of Lancaster Leisure Park, off Wyresdale Road, Lancaster.   The report was exempt from publication by virtue of paragraph 3, Schedule 12A of the Local Government Act, 1972.  After much discussion it was apparent that further clarification was required prior to Cabinet taking the decision, and with the agreement of the meeting, the Chair deferred the item.

 

Resolved unanimously:

 

That consideration of the item be deferred to a future Cabinet meeting.