Agenda and minutes

Cabinet - Thursday, 7th March 2024 6.00 p.m.

Venue: Lancaster Town Hall

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

Items
No. Item

82.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 20 February 2024 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 20 February 2024 were approved as a correct record.

 

83.

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.

 

84.

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:

85.

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.

 

86.

Jubilee Court - Outcome of Homes England Audit Report pdf icon PDF 232 KB

Whilst this report is public, the appendix is confidential, and notice is hereby given that the meeting is likely to move into private session if it is necessary to refer to the confidential appendix.

 

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

 

Report of Chief Officer Housing & Property

Minutes:

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

 

Cabinet received a report from the Chief Officer – Housing and Property to update Cabinet members on the recent audit report and recommendation made by Homes England.

 

Following a successful bid under the  Rough Sleeping Accommodation Programme the council acquired Jubilee Court with the scheme to provide apartments designated for rough sleepers completed in March 2023. To receive the funding the council had entered into contract with Homes England agreeing to the full terms of its Capital Funding Guide. As part of the administration and monitoring arrangements, Homes England routinely undertook compliance audits to assess adherence with the Capital Funding Guide and Lancaster City Council was randomly selected for audit in 2023/24.

 

Homes England used a traffic light scoring system with Green indicating that the provider met the requirements.  The awarded grade for Jubilee Court was Green and further details were provided in the report and confidential appendix.

 

As the report was for noting no options were provided.

 

Resolved unanimously:

 

That the report be noted.

 

Reasons for making the decision:

 

The adopted Homes Strategy 20-25 sets out the council’s housing and regeneration priorities over the Strategy period. Section 13 sets out the council’s ambitions priorities and actions to tackle homelessness and rough sleeping including a clear intention to bid for future revenue and capital funding to bring forward longer term move on accommodation for rough sleepers.

 

It is a requirement of Homes England to formally report the audit findings to Cabinet and within three months of receipt of the audit report, that the Provider inputs the date of the Cabinet meeting confirming acknowledgement of the audit report findings and recommendations.

87.

Delivering our Priorities Q3 2023/24 pdf icon PDF 313 KB

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Report of Chief Officer Resources

 

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox )

 

Cabinet received a report from the Chief Officer Resources to provide members with an update on financial performance during the first three quarters of 2023/24 (April – December 2023).  The report and appendices would be tabled at the Budget & Performance Panel meeting on 14 March 2024.

 

As the report was for commenting and noting no options were provided.

 

Resolved unanimously:

 

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.

88.

Strategic Risk Management pdf icon PDF 226 KB

Whilst this report is public, Appendix B is exempt, and notice is hereby given that the meeting is likely to move into private session if it is necessary to refer to the exempt appendix.

 

(Cabinet Member with Special Responsibility Councillor Phillip Black)

 

Report of Chief Executive 

Additional documents:

Minutes:

(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 report contained appendices detailing changes to the Council’s Strategic Risk Register since November 2023. The inclusion of links to the Council Plan Strategic Priorities within the Risk Register was welcomed.

 

As the report was for noting no options were provided.

 

Resolved unanimously:

 

That the updated Strategic Risk Register as shown in Appendix A & B to 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 Council Plan 2024-27.

89.

Flexible use of Capital Receipts Strategy 2024-25 pdf icon PDF 636 KB

Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Report of Chief Officer Resources   (report published 1.3.24)

 

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Cabinet received a report from the Chief Officer Resources that proposed a Flexible Use of Capital Receipts Strategy for 2024-25 to complement Phase 2 of the Council’s Outcomes-Based Resourcing programme – Fit for the Future.

 

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

 

 

Option 1: Adopt the Strategy


Advantages

The Council will be able to make use of the Flexible Capital Receipts provision in delivering its Fit for the Future programme.

Disadvantages

None identified from this report.

Risks

Capital receipts, savings and transformation benefits may not be realised as anticipated in the Strategy; the associated risks will be mitigated through the implementation of the Fit for the Future programme.


Option 2: Do not adopt the Strategy


Advantages

None identified from this report.

Disadvantages

The Council will be unable to consider funding savings initiatives and service transformation through use of capital receipts, and may therefore be unable to achieve the savings, outcomes and benefits anticipated from these projects.

Risks

Not adopting a Flexible Use of Capital Receipts Strategy at this point would severely constrain the Council’s ability to deliver its Fit for the Future programme.

 

The officer preferred option is Option 1, to enable the Council to make use of the Flexible Capital Receipts provision in supporting its savings and service transformation initiatives over the coming years.  This report, if approved, will enable the council to use capital receipts to fund savings and service transformation initiatives. Failure to adopt a Flexible Use of Capital Receipts Strategy will severely constrain the council’s ability to pursue these initiatives.

 

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

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)             That Full Council be recommended to approve the Flexible Use of Capital Receipts Strategy 2024/25 as set out in the report, in accordance with the relevant statutory guidance.

 

 

Officer responsible for effecting the decision:

 

Chief Officer Resources

 

Reasons for making the decision:

 

Statutory guidance from the Department for Levelling Up, Homes and Communities (DLUHC) and the Chartered Institute of Public Finance and Accountancy (CIPFA) enables local authorities to make flexible use of capital receipts to fund projects which are likely to generate savings to the authority and / or other public bodies. To make use of this provision, authorities must submit to the Secretary of State a Flexible Use of Capital Receipts Strategy setting out how the provision will be applied in the next financial year.

 

If adopted by Council, the Flexible Use of Capital Receipts Strategy would form part of the council’s Policy Framework. From a strategic perspective, enabling the use of capital receipts to deliver savings and service transformation initiatives will give the council scope to pursue its Outcomes-Based Resourcing programme with greater flexibility and effectiveness.

90.

Medium Term Financial Strategy 2024/25 - 2028/29 pdf icon PDF 365 KB

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Report of Chief Officer Resources   (report published on 7.3.24)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Cabinet received a report from the Chief Officer Resources to provide Cabinet with an update final consolidated Medium Term Financial Strategy 2024/25 to 2028/29.

 

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

 

The risks to the Council are contained throughout the MTFS and support strategies as the report seeks to consolidate these areas Cabinet may accept the consolidation or not.

 

The officer preferred option was that Cabinet accept the consolidated MTFS and refer it to Council.  The report sought to consolidate the various existing documents into one single strategy. The MTFS demonstrates the linkages between the Council Plan 2024 – 27, its supporting financial strategies and our monitoring processes which are key to its delivery.

 

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 agrees that the Council’s consolidated Medium Term Financial Strategy 2024/25 to 2028/29 be referred on to Council 13 March 2024 for information.

 

(2)             That, subject to final approval by Council 13 March 2024 the Flexible Use of Capital Receipts Strategy be included within the Medium-Term Financial Strategy 2024/25 to 2028/29

 

(3)             That delegated authority be given to the Portfolio Holder and Chief Finance Officer to undertake any required amendments to reflect additional content and/ or presentational adjustments.

 

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.

 

 

91.

Lancaster City Centre Parking Strategy pdf icon PDF 693 KB

(Cabinet Member with Special Responsibility Councillor Parr)

 

Report of Chief Officer Sustainable Growth (report published on 29.2.24)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Parr)

 

Cabinet received a report from the Chief Officer Sustainable Growth to consider the draft Lancaster City Centre Car Parking Strategy and Action Plan and the implications on achieving the city council’s objectives as set out in the recently approved Council Plan 2024-27.

 

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

 

 

Option 1: The draft Lancaster City Centre Car Parking Strategy and Action Plan is approved for consultation with statutory and community stakeholders.

Option 2: The draft Lancaster City Centre Car Parking Strategy and Action Plan is not approved for consultation with statutory and community stakeholders.

Advantages

Ensures that city centre parking and its long-term provision, location and typology forms an explicit part of the sustainable travel and transport policy discussion for the city as well as the council’s OBR agenda.

 

Provides comfort, in terms of the ongoing maintenance of city centre economic health, city centre accessibility and car user utility, for the release of the Nelson street car park for housing to be considered under the current live preferred developer tender process.

 

Provides a benchmark and additional specific policy considerations to inform all future decisions regarding the city council’s car parking portfolio.

 

Provides a reasoned justification for the optimal number of city centre parking spaces provided by the city council to continue to meet general and peak demand periods for the immediate future.

 

Provides comfort to business and community stakeholders that the council can mitigate any potential short-to medium impacts from any current and future proposed surface

car park disposal policies.

 

Provides impetus to improve and develop the council’s asset management strategy around its current and future car parking portfolio within the OBR process.

No advantages identified.

Disadvantages

Commits the city council to engaging in assessing the feasibility of and delivering new temporary parking provision and other actions which have future staff and budget implications.

 

Requires the development and assessment of business cases, budget commitment to capital and revenue project development, particularly the investigation of temporary parking provision and car parking portfolio asset and other actions such as information improvements

Leaves the role of city council car parking assets, and car parking generally, in future travel and transport policy discussions both ambiguous and underserved.

 

Provides no comfort to business and community stakeholders that accessibility and car user utility can be maintained under current and wider public policy imperatives.

 

No agreed policy benchmark for decisions regarding the city council’s car parking portfolio.

 

No justification for the city council’s role in car parking provision other than in consideration of its income providing imperative.

 

Provides no comfort to business and community stakeholders that the council can mitigate any potential short[1]to medium impacts from any current proposed surface car park disposal policies.

Risks/Mitigation

Officers are dealing with imperfect information and future demand and supply variables are hard to predict.

 

Ongoing and improved monitoring of car park usage to inform future decisions is essential  ...  view the full minutes text for item 91.

92.

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 in private. 

 

Cabinet is recommended to pass the following recommendation in relation to the following item:- 

 

“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 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 has been marked as exempt, it is for Cabinet itself to decide whether or not to consider it 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 Wood and seconded by Councillor Hamilton-Cox:-

 

“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. 

 

 

 

93.

Lancaster Canal Quarter Early Phase Housing Regeneration Proposals: Nelson Street Preferred Developer Tender

(Cabinet Member with Special Responsibility Councillor Wilkinson)

 

Report of Chief Officer Sustainable Growth (report published on 29.2.24)

 

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Wilkinson)

 

Cabinet received a report from the Chief Officer Sustainable Growth with regard to the early phase regeneration proposals : Nelson Street.  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 exempt report.

 

Councillor Wilkinson proposed, seconded by Councillor Wood:-

 

“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.