Agenda and minutes

Cabinet - Tuesday, 11th April 2023 6.00 p.m.

Venue: Lancaster Town Hall

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

Items
No. Item

93.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 14 March 2023 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 14 March 2023 were approved as a correct record.

 

94.

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.

 

95.

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:

96.

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.

 

97.

Morecambe Future High Street Bid Informal Task Group pdf icon PDF 228 KB

Report of the Overview & Scrutiny Committee

Additional documents:

Minutes:

The Chair of the Overview and Scrutiny Committee introduced a report in order that Cabinet could consider the recommendations of the Overview  Scrutiny Committee regarding the Morecambe Future High Streets bid. A Task Group had been set up following the unsuccessful Morecambe Future High Street bid to make recommendations to increase the City Council’s chances in the future.

 

In introducing the report Councillor Austen-Baker, Chair of Overview & Scrutiny advised the meeting that the recommendations had been agreed by the Overview & Scrutiny Committee but rejected when initially presented to Cabinet in 2021 unaccompanied by a report.  Councillor Austen-Baker had not been  a member of Overview & Scrutiny at that time but had written the report based on the recommendations agreed two years ago.  The Leader thanked Councillor Austen-Baker and the task group for their efforts in undertaking this work.

 

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

 

Option 1: To accept the recommendations as set out in the report.


Option 2: Not to accept the recommendations as set out in the report.


Option 3: To make alternative proposals to those recommended by the Overview and  Scrutiny Committee.

 

The Overview and Scrutiny Committee’s Preferred Option was Option 1. To accept the recommendations set out in the report.

 

The recommendations were as follows:

 

RECOMMENDATION 1

That Officers ensure in future bids that consultants have a local knowledge base, and that use is made of expertise available in the area, including nearby universities.

 

RECOMMENDATION 2

That comparisons with other locales should be like-for-like: there is no benefit in comparing a seaside-based, seasonal tourist town with major city yields and operations.

 

RECOMMENDATION 3

That a Capital Strategy policy be developed to include the purchase of land in Morecambe.

 

RECOMMENDATION 4:

That any future bids (whether for Morecambe or other parts of the district or the district as a whole) involve consultation with a wider base of stakeholders, with a broader scope of interests, and further that all councillors in the affected area are invited to participate, from Town, City and County councils.

 

RECOMMENDATION 5

That full consultation takes place with County highways, rail and Eden North to ensure a whole structured, environmentally-friendly transport plan is conceived for the area.

 

RECOMMENDATION 6

That more sustainable regeneration proposals are developed following wider consultation.

 

RECOMMENDATION 7

That conversion of empty business premises and new build of housing should be undertaken throughout the town centre, to bring back the community feel of the whole central area.

 

RECOMMENDATION 8:

That the Winter Gardens is an essential part of Morecambe’s future and should be a part of any future bid of a similar nature.

 

RECOMMENDATION 9:

That the Council tries to source other funding for hyperfast broadband in Morecambe.

 

RECOMMENDATION 10:

(i)               That this bid is not reused/recycled in the future, as it is outdated and no longer fit for purpose post-COVID.

(ii)              That a new Morecambe Area Action Plan is drafted with full participation of all Morecambe councillors and  ...  view the full minutes text for item 97.

98.

Planning Informal Task Group pdf icon PDF 302 KB

Report of the Overview & Scrutiny Committee

Additional documents:

Minutes:

The Chair of the Overview & Scrutiny Committee presented a report and recommendations of the Planning Informal Task Group that had been established to review service delivery of the Council’s planning functions. In introducing the report Councillor Austen-Baker advised the meeting that the report needed to be read in conjunction with the LGA Planning Peer Review report.

 

Cabinet was requested to consider the recommendations of the Overview & Scrutiny Committee.

 

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

 

Option 1: To accept the recommendations as set out in the report.


Option 2: Not to accept the recommendations as set out in the report.


Option 3: To make alternative proposals to those recommended by the Overview and Scrutiny Committee.

 

The recommendations of Overview & Scrutiny were as follows:

 

(1)        More (and more regular) training for members of Planning Regulatory Committee, including both planning law and on the respective roles of officers and members.

 

(2)        More guidance for residents wishing to speak at Committee meetings, in order to make the best of the available time, and more guidance for residents wishing to make written submissions.

 

(3)        That Council Business Committee, in the new municipal year, be requested to seek the views of the new Chair of the Planning Regulatory Committee as to the most suitable location for meetings of that Committee.

 

(4)        There should be no change to the system of calling-in applications: the suggestion that there are too many is not supported by evidence from members.

 

(5)        No substantial change to the scheme of delegation, but if a way could be found to streamline decisions in cases where the application is only coming to committee because of a connexion between the applicant and a council officer, this might be helpful.

 

(6)        Presentations by officers at Committee should be made shorter. Members can be expected to read the papers beforehand, so the presenting officer only needs to make a brief introduction, draw attention to any particular ‘highlights’ and then answer questions from members.

 

(7)        Officers should be encouraged to avoid advocacy of their recommendations. Non-delegated decisions are made by the Committee and officer recommendations are just that: professional recommendations. The role of officers is to advise the Committee, not push a particular view. If the Committee refuses permission where officers had recommended approval, then officers should be prepared to assist the Council in arguing its own planning grounds for refusal against the applicant’s position in the event of an appeal to the extent that this can be done within the rules and codes of conduct of the Royal Town Planning Institute, or other relevant professional body.

 

(8)        When officers are determining matters of detail after the granting of outline planning permission, they should work co-operatively and proactively with applicants to settle details. The current practice of rejecting detailed plans in relation to specific points, e.g., positioning of the building within the site, and then leaving it to the applicant to come up with  ...  view the full minutes text for item 98.

99.

Hackney Carriage Fare Review 2023 pdf icon PDF 305 KB

(Cabinet Member with Special Responsibility Councillor Brookes)

 

Report of the Licensing Manager

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Brookes)

 

Cabinet received a report from the Licensing Manager to consider consultation responses as required by s65 Local Government Miscellaneous Provisions act 1976 and set a new Hackney Carriage fare tariff; including determination of the date any such change would take effect.  The Chair of the Licensing Committee, Councillor Hartley, was in attendance to listen to the discussion.

 

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

 

 

Option 1: Maintain current table of fares approved in April 2022.

Option 2: Apply retail price index (RPI) across the tariff. (14%) Rounding down to the nearest 5p.

Option 3: Deregulate fare setting.

Option 4: Increase flag[1]fall by 7% Increase rolling rate by 10% by reducing the increment from176 yds to160 yds.

Advantages

Public are aware of expected fares when hiring a hackney carriage.

Drivers income is increased in line with rising cost of living.

 

 This was identified as the preferred methodology to the trade through consultation.

 

The licensed profession may be perceived as a career option for local people.

Allows licensed trade to calculate their own fares, they may be best placed to calculate costs

The uplift is consistently applied across the tariff, not disadvantaging service user groups. e.g, those on long/short journeys.

Disadvantages

The current table of fares may not represent current cost of living.

Second increase in quick succession may lead to a decrease in public use.

Licensing Authority has no control on charges passed to the public.

 

May create confusion as fares could vary across the trade.

The changes across the tariff and amending incremental charges may cause public confusion, leading to an increase in complaints.

Risks

Not consistently applying the methodology approved by Cabinet and supported by the trade.

 

Drivers may decide to leave the trade, fares do not meet the demands of the rising costs of living.

Increase too much for service users. Drivers may see reduced income due to lack of public use.

Lack of public confidence in use of Hackney Carriages due to unknown charges.

 

 Varying charges between proprietors creating confusion.

Not consistently applying the methodology approved by Cabinet and supported by the licensed trade.

 

Fares will increase earlier in journeys; regular users of taxis may feel penalised by the uplift.

 

The Licensing Committee had not considered the consultation responses and therefore made no recommendations to Cabinet.

 

At an earlier meeting of the Council’s Cabinet in February 2023, members approved an updated rate of fares for hackney carriage operating in the  and gave approval to the licensing manager to undertake the statutory consultation. As part of the public consultation 2 responses were received from members of the local licensed trade. Both of which objected to the proposed tariff. Currently there were 878 active hackney carriage and private hire licences in the district. These licence holders have had time to consider the proposals and respond within the consultation period and members were requested to determine what weight  ...  view the full minutes text for item 99.

100.

Lancaster City Council's Strategic Vision for Creativity and Culture pdf icon PDF 382 KB

(Cabinet Member with Special Responsibility Councillor Thornberry)

 

Report of Head of Property  (report published on 3 April 2023)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Thornberry)

 

Cabinet received a report from the Chief Officer Sustainable Growth which sought views on the draft of the Council’s Strategic Vision for Creativity, Culture and Heritage.

 

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

 

 

Option 1: Cabinet has no amendments to the Strategic Vison and would approve of its use to inform the OBR process once adopted

Option 2: Cabinet would like to see some amendments to the Strategic Vision and would approve of its use to inform the OBR process

Advantages

The Strategic Vision can progress to formal adoption and then Officers can work with partners to deliver the outcomes identified and establish the partnership.

The views of Cabinet members are integral to the successful delivery of the Strategic Vision. Any proposed amendments to the document can be integrated into a redrafted vision ahead of formal approval by Cabinet.

Disadvantages

No disadvantages identified.

Delay the final version of the strategic vison which could have an impact on partner organisations trying to secure funding.

Risks

As with any long-term plan, there are uncertainties about the context in which the strategic vision would be delivered. This will include capacity within the service and the Council’s ability to contribute financially to delivery. However, a review mechanism has been built into the delivery planning which will allow these risks to be assessed and the vision amended accordingly.

As with any long-term plan, there are uncertainties about the context in which the strategic vision would be delivered. This will include capacity within the service and the Council’s ability to contribute financially to delivery. However, a review mechanism has been built into the delivery planning which will allow these risks to be assessed and the vision amended accordingly.

 

The officer preferred option is Option 1, given the high level of dialogue that has taken place in reaching the recommendations set out in this report. The degree of flexibility set out within the monitoring and evaluation process contained within the Vision framework must also be considered in reaching a decision on the recommendation.

 

Councillor Thornberry proposed, seconded by Councillor Heath:-

 

That Cabinet accepts the Lancaster City Council’s draft Strategic Vision for Creativity, Culture and Heritage and that recommendation (2) as set out in the report, be approved.”

 

By way of an amendment, that was accepted as a friendly amendment by the proposer and seconder, Councillor Wood  proposed that recommendation (2) be revised as follows:

 

“That the draft strategic vision will be used to inform the Council’s Outcome Based Resourcing (OBR) process going forward.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)     That Cabinet accepts the Lancaster City Council’s draft Strategic Vision for Creativity, Culture and Heritage.

 

(2)   That the draft strategic vision be used to inform the Council’s Outcome Based  Resourcing (OBR) process going forward.

 

Officer responsible for effecting the decision:

 

Chief Officer Sustainable Growth

 

Reasons for making the decision:

 

The proposal is entirely consistent with and supports  ...  view the full minutes text for item 100.