Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 24 October 2023 (previously circulated). 

The minutes of the meeting held on Tuesday 24 October 2023 were approved as a correct record.

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

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. 

No declarations were made at this point.

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 Phillip Black)

Report of Chief Executive

(Cabinet Member with Special Responsibility Councillor Phillip Black)

Cabinet received a report from the Chief Executive which presented a Council Plan for 2024-27 following the formation of a new Cabinet earlier this year.

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

The recommended option is to proceed with referring the Council Plan 2024- 2027 to Council (Option 1).   The report provided details of the reasons for creating the Council Plan 2024- 2027 and outlined the content of the document.

At this point in accordance with Cabinet Procedure Rule 17 (Chair’s discretion regarding questions on reports) Councillor Gawith was invited to ask questions on the report.

Councillor Phillip Black proposed, seconded by Councillor Wood:-

“That the recommendation, as set out in the report, be approved with the following addition to 2.4 Investment and Regeneration : Encouraging tourism and promoting our district as an attractive destination for leisure and culture.”

Councillors then voted:-

Resolved unanimously:

(1)     That Cabinet recommend that Council adopt the Council Plan 2024-2027 with  the revision to 2.4 Investment and Regeneration : Encouraging tourism and promoting our district as an attractive destination for leisure and culture.

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The Council Plan 2024-2027 will form the heart of the Council’s Policy Framework, informing its strategic and financial decision-making. Adoption will enable the Council to move forward and provide direction for its Principles and Ambitions.

With the agreement of the meeting the Chair advised that he had reordered the agenda in order that the Delivering our Priorities item would be considered next.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of the Chief Executive and Section 151 Officer

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Executive and 151 Officer that provided members with an update on performance, projects, and resources during the first two quarters of 2023/24 (April – September 2023).  No options were provided as the report was for commenting and noting. 

Resolved unanimously:

(1)             That the report be noted.

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.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Officer Resources (report published on 1/12/23)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Finance Officer to provide an update on the Council’s Medium Term Financial Strategy forecasts for 2023/24 to 2028/29 and outline the approach to balancing the budget.

As the report is for consideration no alternative options are put forward, the Cabinet could make supplementary recommendations regarding any matters.

It must be reiterated that the current forecasts do not include any interventions by Cabinet, Senior Leadership Team or the outcomes of the Local Government Settlement. Whilst some savings have been delivered, the forecasts show that potential annual and cumulative budget deficits remain over the next 5 years and continue to need to be addressed. In light of this, balancing the budget both in the short and the medium term remains a tough task and all Members must work together and recognise that they will face a number of difficult but key decisions as part of the forthcoming budget and over the coming financial years which will affect the manner in which it delivers its services.

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

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

Councillors then voted:-

Resolved unanimously:

(1)        That the draft future years estimates as set out in the report as the latest information available be noted, accepting that this is an interim position.

(2)        That the update be referred on to December Council for information.

(3)        That the Council Tax Base for 2024/25 as set out in paragraph 3.12. of the. report be noted.

Officer responsible for effecting the decision:

Chief Officer Resources

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.

(Cabinet Member with Special Responsibility Councillor Parr)

Report of Chief Officer – Planning and Climate Change

(Cabinet Member with Special Responsibility Councillor Parr)

Cabinet received a report from the Chief Officer - Planning and Climate Change to secure resourcing to support the Review of the Lancaster District Local Plan.

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

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Assistant Director (Head of Revenues and Benefits)  (report published on 29/11/23)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Assistant Director (Head of Revenues and Benefits) to enable Cabinet to consider the existing Localised Council Tax Support (“LCTS”) Scheme and the options available, ahead of formal consideration and approval by Council for application in 2024/25.

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

The challenge for the Council is to adopt a scheme that fits with its ambitions and priorities and is considered fair, deliverable and affordable, given statutory obligations and competing pressures for resources. Council is presented with two basic options:

Option 1:

Retain the existing Localised Council Tax Support (LCTS) scheme, subject to minor consequential amendments to match changes in Housing Benefit rules.

- The existing scheme is considered soundly structured and works well, and offers maximum support for low-income families, who may otherwise find themselves in mounting debt.

- current forecast assumes the continuation of the existing LCTS system and as such, maintaining current levels of support would normally have no impact on the Council’s financial forecast. However, costs have increased in recent years with increased take-up due to Covid-19, although 2023/24 has seen a slow decline in the number of residents receiving LCTS, which would reduce costs if the trend continues in the longer term. However, the cost-of-living crisis may result in an increased number of claims.

- Retaining existing policy principles of keeping various positive entitlement provisions for LCTS in line with other key welfare benefits promotes equality.

Option 2: Make changes to the existing Localised Council Tax Support (LCTS) Scheme to reduce benefit entitlement for working age claimants.

- Currently 9,574 residents claim LCTS in the Lancaster district. As pensioners make up 38% (3,625) of claimants, it means any cut in the level of support provided falls on the remaining 62% (5,949) of working age people on low incomes.

- A reduction in the levels of support provided could arguably provide claimants with further incentives to work, reducing their reliance on benefits, although the jobs market is particularly uncertain at this difficult time.

- This option will have greater adverse financial impact on working age households but would help protect other Council services by requiring less savings to be made by them.

- If levels of support are reduced, the Council would be tasked with the difficulty of collecting this debt from the more vulnerable members of our society, increasing workloads and costs associated with council tax recovery.

 - Additional costs associated with developing new scheme options, consultation exercise, legal changes to scheme etc.

(Cabinet Member with Special Responsibility Councillor Phillip Black)

Report of Chief Executive  (report published on 29/11/23)

(Cabinet Member with Special Responsibility Councillor Phillip Black)

Cabinet received a report from the Chief Executive to provide Cabinet with an update on the authority’s progress in updating the Strategic Risk Register.  The Leader had agreed for this to be considered by Cabinet following a request from the Chair of Audit Committee in accordance with Part 3, Section 2, Cabinet Procedure Rule 16 of the Constitution.

It was reported that appendix A and appendix B to the report had been considered by the Audit Committee on 22 November 2023. The Audit Committee had requested that the Council’s Strategic Risk Register, which is updated quarterly, be seen by Cabinet to be noted.  No options were provided as the report was for noting.

Resolved unanimously:

(1)             That the report be noted.

Reasons for making the decision:

The Council have a Risk Management Policy, which is written to provide guidance on the management of risk. Risk Management is identified in the proposed Council Plan 2024-27.

(Cabinet Member with Special Responsibility Councillor Phillip Black)

Report of Chief Executive  (report published on 29/11/23)

(Cabinet Member with Special Responsibility Councillor Phillip Black)

Cabinet received a report from the Chief Executive to enable Cabinet to  note and endorse the appropriate risk appetite levels for the Council.  The Leader had agreed for this to be considered by Cabinet following a request from the Chair of Audit Committee in accordance with Part 3, Section 2, Cabinet Procedure Rule 16 of the Constitution.

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

The recommended option is to proceed with endorsing the recommended the risk appetite levels as shown in appendix A (Option 1).  Members considered the risk categories and definitions and after some discussion it was agreed to vote on whether ‘operations’ and ‘legal’ should be moved.

It was proposed by Councillor Wilkinson and seconded by Councillor Ainscough and agreed unanimously when put to the vote ‘that Operations be amended from cautious to open.’

Resolved unanimously:

(1)             That Operations be amended from cautious to open.

It was then proposed by Councillor Hamilton-Cox and seconded by Councillor Caroline Jackson: ‘that Legal be revised from minimal to cautious.’   Upon being put to the vote (8 Members (Councillors Ainscough, Phillip Black, Dowding, Hamilton-Cox, Caroline Jackson, Parr, Potter & Wilkinson ) voted in favour, 1 Member (Councillor Wood) voted against and 1 Member  (Councillor Peter Jackson) abstained.)

Resolved:

(2)             That Legal be revised from minimal to cautious.

Councillor Phillip Black then proposed, seconded by Councillor Peter Jackson:-

“That Appendix A be amended to reflect the revisions to ‘Operations’ and ‘Legal’ and that the revised risk appetite levels for risks across the Council be adopted with the inclusion of ‘whilst recognising that it may be necessary to deviate from the adopted risk appetite for individual decisions when there is a good reason to do so.”

Councillors then voted:-

Resolved unanimously:

That Appendix A be amended to reflect the revisions to ‘Operations’ and ‘Legal’ and that the revised risk appetite levels for  ...  view the full minutes text for item 49.

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. 

It was moved by Councillor Wood and seconded by Councillor Ainscough:-

“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. 

(Cabinet Members with Special Responsibility Councillors Caroline Jackson & Wilkinson)

Report of Chief Officer Sustainable Growth  (report published on 29/11/23)

(Cabinet Member with Special Responsibility Councillor Wilkinson)

Cabinet received a report from the Chief Officer Sustainable Growth.  The report was exempt from publication by virtue of paragraph 3, 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:

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

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

Councillors then voted:-

Resolved unanimously:

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:

Chief Officer Sustainable Growth

Reasons for making the decision:

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