Agenda and draft minutes

In the absence of the Leader and Deputy Leader the Chief Executive opened the meeting and called for nominations for a Chair.  

It was proposed by Councillor Peter Jackson and seconded by Councillor Ainscough “That Councillor Parr be appointed to chair the meeting.” 

There being no further nominations Councillor Parr was invited to take the chair.

Councillor Parr in the chair.

To receive as a correct record the minutes of Cabinet held on Tuesday, 10 September 2024 (previously circulated). 

The minutes of the meeting held on Tuesday 10 September 2024 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.

With the agreement of the meeting the Chair advised of a revision to the order of the agenda and that item 10 Lancaster City Centre Draft Car Parking Strategy would be considered first.

(Cabinet Member with Special Responsibility Councillor Parr)

Report of Chief Officer Sustainable Growth

(Cabinet Member with Special Responsibility Councillor Parr)

Cabinet received a report from the Chief Officer Sustainable Growth to consider an initial specific issue of parking space numbers and policy implications arising from the public consultation on the Lancaster City Centre Draft Car Parking Strategy 2024.

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

Following Members’ consideration and confirmation that the increase in strategic parking numbers meets the council’s objectives and its wider policy aspirations, Option 1 is preferred by officers.

Concerns from the business community, about the long-term provision of public parking, and general parking are understood. Through the draft Lancaster City Centre Car Parking Strategy and Action Plan, alongside ongoing work with county council, the issue will be addressed at a strategic city-wide level, with appreciation of the statutory strategic policy imperatives the city council is working within.

Principally these are: its declared Climate Emergency, the Lancaster Highways and Transport Masterplan 2016, and the need to promote  ...  view the full minutes text for item 37.

(Cabinet Member with Special Responsibility Councillor Stubbins)

Report of Chief Officer - Planning and Climate Change

(Cabinet Member with Special Responsibility Councillor Stubbins)

Cabinet received a report from the Chief Officer – Planning and Climate Change that sought adoption of the Lancaster District Local Area Energy Plan.

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

The officer preferred option is to adopt the LAEP, inform the Council’s wider strategies and to task officers with exploring a Delivery Plan for implementation.

In choosing to adopt the LAEP, Cabinet will acknowledge the challenges, particularly regarding cost and scale, that will support  ...  view the full minutes text for item 38.

(Cabinet Member with Special Responsibility Councillor Peter Jackson)

Report of Chief Officer People & Policy  (report published on 15.10.24)

The report includes an exempt appendix, and Cabinet would need to exclude the press and public if minded to discuss the information within the exempt appendix.

(Cabinet Member with Special Responsibility Councillor Peter Jackson)

Cabinet received a report from the Chief Officer People & Policy that sought Cabinet approval for the renewal of the Public Space Protection Orders (PSPO) in relation to various types of anti-social behaviour for a period of three years. The existing PSPOs which cover Lancaster City Centre, Morecambe, Lower Heysham, Happy Mount Park and Williamson Park expire on 13th December 2024.

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

The officer preferred option is Option1. This option reflects the majority of the public comment arising from the consultation. It supports the council policy framework for Happy Healthy Communities and a Cooperative Kind and Responsible Council.

Councillor Peter Jackson proposed, seconded by Councillor Wood:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That the Public Space Protection Orders (PSPOs) are made to cover the designated areas as set out in Appendix 2 to the report.

Officer responsible for effecting the decision:

Chief Officer People & Policy

Reasons for making the decision:

The decision is consistent with the Council Plan:

Healthy and Happy Communities :  Keeping our district’s neighbourhoods, parks, beaches, and open space clean, well[1]maintained, and safe.

A Co-operative, Kind and Responsible Council : Listening to our communities and treating everyone  ...  view the full minutes text for item 39.

(Cabinet Member with Special Responsibility Councillor Peter Jackson)

Report of Chief Officer – Housing and Property  (report published on 16.10.24)

(Cabinet Member with Special Responsibility Councillor Peter Jackson)

Cabinet received a report from the Chief Officer – Housing & Property that sought approval for the adoption of four Public Space Protection Orders (Dog Controls) for a period of 3 years.

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

Option 1: Adopt the PSPOs as proposed in the consultation, with no amendments

 Advantages:

· Reflects the majority of representation made during the public consultation

· Enables less able-bodied people to continue to exercise dogs off leads on the flat hard surfaces of ‘cycle ways’

· More consistent and less confusing enforcement

· More rapid, effective and efficient enforcement

Disadvantages:

· None identified

Risks:

· The decision concerning dogs on leads would not reflect the views of all consultees

Option 2: Do not adopt the PSPOs (Dog Control)

Advantages:

· Saving on staff time to implement new Dog Control Orders, and advertising for signage costs.

Disadvantages:

· Confusion from discontinuation of existing enforcement.

· Going against majority of consultees

· Return to a system of enforcement which is unclear and inconsistent

· Unnecessary expense and complications in having to prosecute for offences instead of issuing fixed penalty notices available under option 1 leading to delays, lower efficiency and cost-effectiveness

· The extent of land within the district on which regulatory dog controls apply would remain limited.

Risks:

· The decision not to introduce available dog-related regulatory measures for public protection would lead to criticism, particularly given the strength of public feeling about aspects of irresponsible dog ownership.

The officer preferred option is Option 1 to adopt the PSPOs (Dog Control) as consulted on. This option addresses needs for public protection, supports enforcement and most closely reflects the majority of public comment arising from the consultation.

From 2012 there has been a Dog Control Orders and since 2017 PSPO’s, which have encouraged dog owners to take responsibility for their dogs appropriately. This has also given authorised officers appropriate powers should the owners choose not to. If there was no consequence for such offending then dog related problems will likely increase and thereby have a detrimental effect on the quality of life of those in the district, justifying the restrictions imposed by the Public Space Protection Orders (Dog Control).

Councillor Peter Jackson proposed, seconded by Councillor Ainscough:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That the four Public Space Protection Orders (Dog Control) be made, to include provisions set out in this report.

(2)        That authority be delegated to the Chief Officer – Housing and Property to designate in writing authorised officers for the purposes of issuing fixed penalty fines.

Officer responsible for effecting the decision:

Chief Officer – Housing & Property

Reasons for making the decision:

The decision is consistent with the Council Plan :  Keeping our district’s neighbourhoods, parks, beaches and open space clean, well-maintained and safe.

Adoption of the original Dog Control Orders has led to more straightforward and effective dog control and enforcement  ...  view the full minutes text for item 40.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Finance Officer (report published on 17.10.24).

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Finance Officer that provided information regarding the latest position regarding the delivery of the approved capital programme for 2024/25. It also set out information regarding any delays surrounding capital expenditure and other matters for Members’ consideration.

As the report was for consideration and progressing to Full Council, no alternatives were put forward.

An amended Appendix D had been circulated and published prior to the meeting.

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 Cabinet endorses the adjustments to the capital programme as set out in Appendix C of the report and refers to Council for full approval.

(2)        That Cabinet notes that relevant revenue adjustments in respect of minimum revenue provision and future borrowing requirements will be built into projected revenue estimates and considered alongside future reports to Cabinet in respect of the budget and policy framework updates.

(3)        That Cabinet endorses the use of capital receipts to fund the acquisition of properties and other additional works identified within the Housing Revenue Account subject to it having a nil impact on the net position of the account.

Officer responsible for effecting the decision:

Chief Finance Officer

Reasons for making the decision:

The Capital and Revenue Programmes forms part of the Council budget framework.

Although the General Fund and Housing Revenue Account were able to respond to the financial challenges in 2023/24 and maintain balanced budget positions by utilising its reserves, this does not mean that the financial issues for the Council are resolved, it simply means that the in-year budget pressures were addressed. To put into context, a budget gap of £1.4M is still forecast for 2025/26 and this rises annually to £4.6M in 2028/29 for which the cumulative effect is not sustainable.

Reviewing the Capital Programme will allow for more robust revenue projections which in turn will improve financial planning. This will ensure that funds are allocated according to a set of predefined outcomes, or priorities to ensure that funds are directed toward the Council’s key ambitions and statutory functions and away from areas which contribute less or not at all against the predetermined objectives.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Finance Officer (report published on 17.10.24).

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Finance Officer which sought Cabinet’s consideration of various matters in connection with the Treasury Management Mid-Year Review 2024/25.

As the report was for consideration and progressing to Budget and Performance Panel and Full Council, no alternative options were put forward.

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 various matters in connection with the Treasury Management Mid-Year Review 2024/25 be noted.

(2)        That the Mid-Year Review 2024/25 be forwarded on to Budget & Performance Panel and Full Council for consideration in accordance with CIPFA Code of Practice on Treasury Management (the Code) and the CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code) issued under the Local Government Act 2003.

Officer responsible for effecting the decision:

Chief Finance Officer

Reasons for making the decision:

Treasury Management forms part of the Councils budget framework.

Consideration of Treasury Management Mid-Year Review and presentation to Full Council will ensure the Council complies with CIPFA’s Code of Practice on Treasury Management (the Code) and the CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code).