Agenda and minutes

Apologies for absence were received from Councillors John Barnes, Jim Blakely, Jean Dent, Helen Helme, Andrew Kay, Karen Leytham, Rob Smith, John Whitelegg and Maia Whitelegg.

To receive as a correct record the Minutes of the Meeting of the City Council held on 18^th June, 2008 (previously circulated). 

The minutes of the meeting held on 18^th June 2008 were signed by the Mayor as a correct record.

Members advised of the following declarations of interest at this stage:

Councillor June Ashworth declared a personal and prejudicial interest in that part of the Leader’s Report and Cabinet Minutes which referred to the Citizens Advice Bureaux as a member of the Management Committee, should reference be made to the issue of Service Level Agreements. (Minute Nos. 37 and 43   refer.)

Councillors Sarah Fishwick and Mike Greenall declared personal and prejudicial interests in the item relating to renewable energy due to the nature of their employment.  (Minute No.  38 refers.)

To receive any announcements which may be submitted by the Mayor or Chief Executive.  

The Mayor advised Council that he had visited former Councillor Arthur Briggs earlier in the week in recognition of his 100^th birthday.  This had in fact been last August but during a time when Mr Briggs had not been well enough to celebrate.  The Mayor reported that he was now much recovered and had been pleased to receive the good wishes of the Council as he approached his 101^st birthday.

To receive questions in accordance with the provisions of Council Procedure Rules 11.1 and 11.3 which require members of the public to give at least 3 days’ notice in writing of questions to a Member of Cabinet or Committee Chairman.  

The Mayor advised that no questions had been received from members of the public in accordance with the provisions of Council Procedure Rule 11.

To receive a Petition from Miles Bennington, notification of which has been received by the Chief Executive in accordance with the Council’s Constitution. 

Mr. Miles Bennington formally presented a petition and addressed Council in accordance with the provisions of Council Procedure Rule 12 to Council as follows:

"We, the undersigned, support Miles Bennington and Lancaster Conservative's campaign to get the Primrose area of Lancaster cleaned up.  Starting with Dale Street and Prospect Street we believe that the Council should use its new 'Street Pride' scheme to tidy our area."

He advised Council that his purpose in submitting the petition was to draw attention to problems of cleanliness in Primrose.  Residents had complained of poor road maintenance, uneven and badly maintained pavements and problems with refuse in the alleyways caused by the fortnightly bin collections and this petition called for the Council's Street Pride scheme to be rolled out in Primrose, so that the Council could begin to tackle the problems.  Keeping Primrose, a compact area of Victorian Terrace housing clean and tidy was, he felt, essential to the well-being of the residents.

He also called on the Council to alter its current method of accepting road proposals for the Street Pride scheme.  Residents should have the opportunity to suggest roads to the Council directly, rather than having to persuade the relevant councillor to nominate the road on their behalf.

Councillor Barry responded on behalf of the Council as the relevant Cabinet Member and thanked Mr Bennington for attending Council.  He accepted that it was an important issue to keep the Primrose area clean, but he felt that it was also important to keep all areas clean.  He reminded Council that there were only sufficient resources for one area of each Ward to receive a ‘deep clean’ each year and Dale Street had been done only 2 years ago.  Ward councillors for the area had agreed that this year the area surrounding Perth Street should benefit and this area had been chosen with the agreement of the PACT meeting where the public did have an opportunity to make their views known.

Councillor Barry also reported that the problems of potholes and damaged traffic calming humps on Prospect Street and Dale Street were being looked at by the County Council and a petition to full Council was not really necessary in these circumstances – views or complaints could be made known by contacting the relevant officers.

He thanked Mr Bennington however and advised that in accordance with the Constitution the matter would be referred to the next convenient Cabinet meeting to consider how street cleaning should be allocated.  He also made the point that the wording of this petition had been overtly political and the provision for the public to present petitions and address Council was not intended for such political purposes.

To receive questions in accordance with the provisions of Council Procedure Rules 12.2 and 12.4 which require a Member to give at least 3 working days notice, in writing, of the question to the Chief Executive.  

The Mayor advised that 8 questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

(1)         Councillor Sowden to Councillor Blamire regarding cycle paths in Overton

(2)         Councillor Robinson to Councillor Bryning regarding the Luneside East Project

(3)         Councillor Robinson to Councillor Mace regarding the rise in fuel costs

(4)         Councillor Langhorn to Councillor Barry regarding energy efficiency in Council buildings

(5)         Councillor Langhorn to Councillor Barry regarding the placing of a wind turbine at the Ashton Memorial

(6)         Councillor Langhorn to Councillor Archer regarding the Council’s energy and fuel bills

(7)         Councillor Langhorn to Councillor Archer regarding the town green application at Lawson’s Bridge

(8)         Councillor Langhorn to Councillor Archer regarding the sale of land at Lawson’s Bridge

Details of the questions and answers together with any supplementary questions and responses are included at Appendix A to the minutes.

To receive the Cabinet Leader’s report on proceedings since the last meeting of Council. 

(Councillor June Ashworth declared a personal and prejudicial interest in that part of the following item which referred to Service Level Agreements with the Citizens Advice Bureaux.

Councillors Dennison and Fishwick declared personal interests in relation to the Vision Board as members of the Board.)

The Leader presented his report on the proceedings of Cabinet since the last meeting of Council and updated Council on various issues.  He then answered a number of questions from Councillors.

Resolved:

That the report be noted. 

To consider the following motion, notice of which has been received from Councillors Anne Chapman, Jon Barry, Chris Coates and Emily Heath:

“This Council notes:

-  that the UK produces less than 2% of its total energy from Renewable Energy  sources and is at the bottom the European Renewable Energy ‘league table’

- that countries in the European Union that have adopted a fixed term Renewable Energy Tariff such as Germany, Italy and Spain have seen a substantial rise in the percentage of their energy from renewable sources.

This Council:

 -  supports the amendment to the Energy Bill currently before Parliament that calls on Government to establish a Renewable Energy Tariff within 12 months for the generation of local renewable heat, renewable power and renewable gas.

- will write to the Energy Minister Malcolm Wicks MP calling on the UK Government  to act with urgency and to ensure the adoption of a Tariff for local energy under the current Energy Bill which will now be delayed over Summer.

-  will contact Friends of the Earth and the Renewable Energy Association informing them of our support for their campaign.”

An Officer Briefing Note is attached.

(Councillors Sarah Fishwick and Mike Greenall declared personal and prejudicial interests in the following item due to their employment in the energy industry and left the meeting during consideration thereof.)

The following motion submitted to the Chief Executive in accordance with Council Procedure Rule 15 was moved by Councillor Anne Chapman and seconded by Councillor Emily Heath:

“(1)   That this Council notes:

-                that the UK produces less than 2% of its total energy from Renewable Energy  sources and is at the bottom the European Renewable Energy ‘league table’

-                that countries in the European Union that have adopted a fixed term Renewable Energy Tariff such as Germany, Italy and Spain have seen a substantial rise in the percentage of their energy from renewable sources.

(2)        That this Council:

 -    supports the amendment to the Energy Bill currently before Parliament that calls on Government to establish a Renewable Energy Tariff within 12 months for the generation of local renewable heat, renewable power and renewable gas.

-     will write to the Energy Minister Malcolm Wicks MP calling on the UK Government  to act with urgency and to ensure the adoption of a Tariff for local energy under the current Energy Bill which will now be delayed over Summer.

-     will contact Friends of the Earth and the Renewable Energy Association informing them of our support for their campaign.”

A briefing note providing background information was provided by the Corporate Director (Finance & Performance) who answered a number of questions prior to the commencement of the debate. 

During the questions, the issue was raised regarding the potential for Members to have an interest which should be declared in relation to organisations involved in the promotion of renewable energy.

In moving the motion, Councillor Chapman explained her personal circumstances as an unpaid director of a company involved in promoting renewable energy but not benefitting financially in any way.

The motion was seconded by Councillor Heath.

(During the ensuing debate, further reference was made to Members’ interests and at this point, Councillors Anne Chapman and Chris Coates declared a personal interest in the item by virtue of their positions in a company involved in promoting renewable energy.)

Councillor Dennison then moved the following amendment, seconded by Councillor Kerr:

“That (2) above be amended to insert the words ‘in principle’ after ‘this Council – supports’ and ‘and seek to confirm its continuing support on receipt of the Minister’s proposals’ after the word ‘summer’.”

With the agreement of the meeting and her seconder, Councillor Chapman accepted this as a friendly amendment.

There followed a further debate and Councillor Kirkman then proposed an additional amendment, seconded by Councillor Histed:

‘That the final sentence of (2) above regarding contacting Friends of the Earth and the Renewable Energy Association be deleted.’

With the agreement of the meeting and her seconder, Councillor Chapman accepted this too as a friendly amendment.

At the conclusion of a further lengthy debate a vote was taken when 17 Members voted for the motion, as amended,  ...  view the full minutes text for item 38.

To consider the report of Chief Executive.

The Chief Executive submitted a report which set out the revised calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989 and the Council’s agreed protocol following the resignation of a Member from a political group.

Members were reminded that Councillor Keith Sowden was no longer a member of the Conservative Group and had advised that he intended to remain an independent, non-aligned Member.

The revised calculations resulted in the loss of a Conservative seat in the Overview & Scrutiny Grouping and in the Regulatory and Standing Committees Grouping and Group Administrators were asked to submit the necessary nominations to put these changes into effect, together with any other committee membership changes they may wish to make at this time.

The recommendation set out in the report and acceptance of those nominations submitted nominations was moved by Councillor Mace and seconded by Councillor Charles.  On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:

(1)     That in accordance with Section 15 of the Local Government and Housing Act, 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations, 1990, the City Council approves the calculations and allocation of seats set out in paragraph 2 of the report.

(2)     That the following nominations for appointment to Committees be approved:

Budget & Performance Panel

Delete Councillor Peter Williamson (Conservative Member)

Add Councillor Stuart Langhorn as Member and Janie Kirkman as substitute (Liberal Democrat Member and substitute)

Audit Committee

Delete Councillor Sarah Fishwick (Conservative Member)

Add Councillor Keith Sowden (non-aligned Member)

Planning and Highways Regulatory Committee (Green Group membership)

Delete Councillor Jane Fletcher

Add Councillor Emily Heath

To consider the report of the Corporate Director (Regeneration).

A copy of the Lancaster District Core Strategy can be found at: www.lancaster.gov.uk/General.asp?id=SX9452-A780B905

The Corporate Director (Regeneration) reported that the City Council’s Core Strategy had been found sound, this being the first such strategy in the North West of England to pass this test.

Members were reminded that the Local Development Framework (LDF) was the collection of documents which replaced the Lancaster District Local Plan and the Core Strategy identified the overall spatial vision for the District, including broad locations for new development and set the strategic framework for the preparation of other LDF documents such as land allocation policies, development management policies and action area plans.

It was noted that the Inspector’s recommendations set out in the report were binding and in adopting the Core Strategy the Council was obliged to include the amendments required by the Inspector.   Once adopted by Council a Statutory Notice of Adoption would be published followed by a six week period during which a High Court Challenge to the document may be made.  If the Council failed to adopt the amended Strategy the 3 year process to prepare a new Strategy would need to be re-commenced.

The recommendations set out in the report were moved by Councillor Blamire and seconded by Councillor Thomas.

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:

(1)           That the Lancaster District Core Strategy be adopted as a Local Development Document.

(2)           That the Forward Planning Team be congratulated for making the Council the first in the North West to adopt a Core Strategy under the reformed planning system.

To consider the report of the Corporate Director (Regeneration).

(Councillor Ashworth declared a personal interest as a Director of Morecambe Bay Partnership during questions on the following item which referred to that organisation.)

Members considered a proposal that the Council should become a member of the Irish Sea Regions Platform as a basis for future partnership working with the regions around the Irish Sea on common issues and projects.

It was reported that the Platform, or partnership, is intended to provide the regions around the Irish Sea with a collective voice which could be used to influence policy development and assist the ‘region’ to be recognised throughout Europe and globally as a recognised entity for economic activity.  The Leader of the Council represents Lancashire on the North West Regional European Partnership (NWREP), which steers European policy for the North West region, is currently supporting the development of the Irish Sea Region Platform and had requested that North West coastal authorities consider signing a Declaration of Intent, which sets the scene for future collaborative working. The request was also being considered by other Lancashire coastal authorities via the Lancashire European Advisory Group.

It was noted that if the Council signed the Declaration of Intent, it would not imply support for any specific projects generated within the Irish Sea Region and these would need to be considered separately as part of normal Council decision making processes.  However, some limited officer time would be required to monitor developments and to attend approximately six meetings a year.

The recommendation to sign the declaration of intent was moved by Councillor Mace and seconded by Councillor Langhorn.

On being put to the vote, the Mayor declared the proposition clearly carried.

Resolved:

That the Council signs the Declaration of Intent to become a member of the Irish Sea Region Platform.

To consider the report of the Chief Executive.

Council considered a report of the Chief Executive regarding a request to nominate a Member representative on a proposed Health and Wellbeing Group for North Lancashire to provide inter-agency leadership and coordination of action to improve health, reduce health inequalities, and enhance wellbeing for the population.

Members were reminded of the current protocol for agreeing the basis of appointments on a PR basis or by virtue of a Councillor’s position, such as a Cabinet Member, Committee Chairman or Ward Councillor. 

It was moved by Councillor Mace and seconded by Councillor Blamire:

(1)     That the Council’s existing protocol for the appointment of representatives on outside bodies be reviewed and the Head of Democratic Services be requested to submit a report on options to the next meeting of the Council Business Committee.

(2)     That the appointment of a representative to the North Lancashire Health & Well Being Group be deferred pending the result of the above review.

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:

(1)     That the Council’s existing protocol for the appointment of representatives on outside bodies be reviewed and the Head of Democratic Services be requested to submit a report on options to the next meeting of the Council Business Committee.

(2)     That the appointment of a representative to the North Lancashire Health & Well Being Group be deferred pending the result of the above review.

To receive the Minutes of Meeting of Cabinet held 8^th July, 2008. 

(Councillor June Ashworth declared a personal and prejudicial interest in that part of the following item which referred to Service Level Agreements with the Citizens Advice Bureaux.

Councillor Stuart Langhorn declared a personal and prejudicial interest in that part of the following item which related to the terms and conditions of employees, due to a relative being an employee of the Council and left the meeting during questions on that item.)

Council considered the Cabinet minutes of the meeting held on 8^th July 2008.  The Leader and Cabinet Members responded to a number of questions.

Resolved:

That the report be noted.