Agenda and minutes

Apologies for absence were received from Councillors Paul Aitchison, Tony Anderson, Keith Budden, Jonathan Dixon, Melanie Forrest, John Harrison, Helen Helme, David Kerr, Pam Pickles, Vikki Price, Emma Smith, Malcolm Thomas and Paul Woodruff.

To receive as a correct record the Minutes of the Meeting of the City Council held on 18^th July, 2012 (previously circulated). 

The Minutes of the meeting held on 18 July 2012 were signed by the Mayor as a correct record.

To receive declarations by Members of interests in respect of items on this Agenda. 

Members 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 10 and in the interests of clarity and transparency, Members 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, members 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.  

Members advised of the following interests at this stage:

Councillor Dennison declared an interest in relation to the Urgent Business item regarding the SCIC as his son was part of a company renting an office space in the Storey building and advised he would withdraw from the meeting for that item. (Minute No. 66 refers.)

Councillor Charles reported that she would need to declare an interest should there be any reference made to land she owned during item 11, the Draft Local Plan for Lancaster District.

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

The Mayor reported the sad death of Honorary Freeman Cecilia Mabel (Betty) Pickard on Friday 27 July 2012.  Mrs Pickard died peacefully at Laurel Bank Care Home at the age of 97.

Mrs Pickard was a member, latterly Alderman, of both the City and County Councils until Local Government reorganisation in 1974.  She was Mayor in 1959 and was awarded the Honorary Freedom of the City in 1971. 

Mrs Pickard’s funeral was held on 6 August 2012.

Members stood in a minute’s silence in her memory.

The Mayor reminded all Councillors that the next meeting, on 17 October, would be a Special Council meeting. Young people across the district had been invited to meet Councillors and engage in a session of ‘Political Speed Dating’ and play the ‘Pupil Power’ game. The meeting would be held at Lancaster Town Hall commencing at 1pm.

The Mayor thanked everyone who had purchased tickets for her luncheon to be held in the Banqueting Suite on 22 September 2012. The event was now sold out.

The Mayor informed Councillors that she had been asked by a Councillor to request a minutes’ silence in memory of the people who died in the Hillsborough football disaster in 1989. Members agreed to the request.

Resolved:

That Council observe a one minute silence, starting at 3.06pm, the time the football match was stopped by the referee, in memory of all those who died at Hillsborough.

It was noted that the Mayor had agreed to re-order the agenda in the interests of the efficient running of the meeting because several items had been deferred from the July Council meeting.  Items 7 and 12 would be taken together and item 10 would follow item 15.

To receive questions in accordance with the provisions of Council Procedure Rules 12.1 and 12.3 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 the Cabinet Leader’s report on proceedings since the last meeting of Council.

The Leader presented two reports, one deferred from the July Council meeting, updating Members on various issues since her last report to Council on 13 June 2012. There was one question from a Councillor, which the Leader responded to.

Resolved:

That the report be noted. 

(Note: The wording of the motion has changed slightly from that appearing on the Council agenda of 18 July 2012, in accordance with the wishes of the Members who submitted it.)

Council considered a motion deferred from the July meeting of Council. The motion had been submitted by Councillors Ian Pattison, David Smith, Margaret Pattison, David Whitaker, Ron Sands, Paul Aitchinson and Robert Redfern.

It was moved by Councillor Ian Pattison and seconded by Councillor Whitaker:

“This Council requests that the Chief Executive of Lancaster City Council write to the Home Secretary to express growing concerns at the 20% reduction on police budgets, as discussed at a recent meeting of the Lancashire Police Authority, which stated that this reduction in the police budget has resulted in an increase in crime.

Lancaster City Council therefore calls upon Teresa May MP to seriously look at reversing these cuts to enable the people across the district to receive the level of protection and police presence they deserve.”

It was noted that the proposers of the motion had asked for the wording to be changed slightly from that appearing on the Council agenda of 18 July 2012.

An Officer briefing note had been provided for Members’ information.

Following a lengthy debate, the Mayor called for a vote to be taken. 24 Members voted for the motion, 17 against and 5 Members abstained. The Mayor declared the motion carried.

Resolved:

(1)        This Council requests that the Chief Executive of Lancaster City Council write to the Home Secretary to express growing concerns at the 20% reduction on police budgets, as discussed at a recent meeting of the Lancashire police Authority, which stated that this reduction in the police budget has resulted in an increase in crime.

(2)               Lancaster City Council therefore calls upon Teresa May MP to seriously look at reversing these cuts to enable the people across the district to receive the level of protection and police presence they deserve.

To consider the report of the Head of Regeneration and Planning. This report was deferred from the July meeting of Council and, because of the deferral, the timescales given throughout the report have been amended. They now reflect a public consultation beginning, provisionally, on Monday 22 October 2012 and concluding on Friday 14 December 2012 instead of 28 August – 19 October 2012.

Councillors please note: The appendices to this report are in excess of 350 pages and copies have not been printed with the agenda as a matter of course. If you would like a full paper copy for the meeting, please ask Democratic Services to send one out to you.

Copies of the full set of papers are available for Councillors to read in the Members’ Rooms at Morecambe and Lancaster Town Halls and also in Democratic Services. An electronic version can be accessed via the agenda for this meeting accessible through the usual link on the Council website:-

http://www.lancaster.gov.uk/a-to-z/m/meetings-minutes-agendas/

(During this item, Members observed a one minute silence for those who died at Hillsborough.)

Council considered a report submitted by the Head of Regeneration and Planning and deferred from the Council meeting held on 18July 2012. The report sought a resolution form Council to publish and consult on a Draft Local Plan for Lancaster District comprising a Land Allocations Development Plan Document (DPD), Development Management (DPD) and an Area Action Plan for Morecambe (MAAP).

The key issues arising from the various documents were highlighted in the report, which advised on the arrangements for progressing the documents through to the formal publication and submission stages, commencing with an extensive period of public consultation beginning, provisionally, on Monday 22 October 2012 and concluding on Friday 14 December 2012.

There were several questions from Members which the Head of Planning and Regeneration responded to. Councillor Hanson then proposed the recommendations set out in the report, seconded by Councillor Sherlock.

Councillor Barry proposed an amendment in the form of an addendum, seconded by Councillor Blamire:

“That policy CWL5: Willow Lane/Coronation Field (page 65 of part B – Land Allocations DPD) is changed so that the second paragraph reads (addition is shown in bold):

“Exceptionally, the Council may support proposals for enabling development within that part of the site identified as a Regional Priority Area on this site only where the proposal is required to support quantitative and qualitative improvements to recreation and open space on the site and where recreation and open space remain the main use on this site.” ”

Councillor Barry’s amendment was accepted as a friendly amendment by the mover and seconder of the original motion.

Councillor Coates then proposed an amendment, seconded by Councillor Mace:

“That Council resolves to publish and consult on a Draft Local Plan for Lancaster District comprising a Land Allocations Development Plan Document (DPD), Development Management (DPD) and an Area Action Plan for Morecambe (MAAP).

(1)               That the Land Allocations Development Plan document includes a further option for consultation that asks the public if they would prefer to continue with the current policy detailed in the Core Strategy of urban concentration within existing urban boundaries, whereby new housing developments are carried out on brownfield sites.

(2)               That the Land Allocations Development Plan document also includes an option for consultation that asks the public whether we should allow sensitive small scale developments in rural villages where these would contribute to improving the long-term sustainability of that village.

An extensive period of public consultation will commence, provisionally, on Monday 22 October 2012 and conclude on Friday 14 December 2012.”

After a short debate, a vote was taken on Councillor Coates’ amendment. 21 Members voted for the motion, 26 against and 1 abstention. The amendment was lost.

A vote was then taken on the substantive motion, which was clearly carried.

Resolved:

(1)               That a Draft Local Plan for Lancaster District, comprising a Land Allocations Development Plan Document (DPD), Development Management (DPD) and an Area Action Plan  ...  view the full minutes text for item 66.

To consider the report of the Chief Executive.

(Councillor Dennison left the meeting at this point, having previously declared an interest.)

Members considered a report from the Chief Executive about the Storey Institute. As well as providing an update on the current position regarding the operation of the Storey, the report sought direction from the Council on the future use of the building.

The Chief Executive, Head of Resources and Head of Governance responded to a number of questions from Councillors.

Councillor Blamire proposed:

(1)               That the current position be noted.

(2)        That subject to the outcome of the liquidation process for SCIC Ltd and assuming that the headlease be forfeit, or otherwise terminated, Council's preferred direction for the Storey Institute is to seek to continue operating as a Creative Industries Centre, without excluding other options, in order to make the building sustainable.

(3)        That Officers be authorised to investigate the removal of the restrictive covenant and to develop proposals in support of (2) above.

(4)               That it be noted that future decisions regarding the Storey Institute will be taken by Cabinet, subject to them being in accordance with the direction set under (2) above and the existing budget framework.

Councillor Hanson seconded the proposition.

Councillor Ashworth proposed an addendum to (4), which was accepted as a friendly amendment by Councillors Blamire and Hanson:

“but that any decision regarding the status of the building be brought to full Council, for example, if it were offered for sale.” 

Councillor Hamilton-Cox proposed an addendum to (2), which was accepted as a friendly amendment by Councillors Blamire and Hanson:

(2)        That subject to the outcome of the liquidation process for SCIC Ltd and assuming that the headlease be forfeit, or otherwise terminated, Council's preferred direction for the Storey Institute is to seek to continue operating as a Creative Industries Centre, without excluding other options, in order to make the building sustainable and that the Council works productively with the tenants and other stakeholders, to achieve these ends.

Councillor Mumford proposed an amendment to (3), to replace the word “removal” with “details” which was accepted as a friendly amendment by the mover and seconder of the proposition:

(3)        That Officers be authorised to investigate the details of the restrictive covenant and to develop proposals in support of (2) above.

There was a short debate before a vote was taken on the proposition, which was clearly carried.

Resolved:

(1)               That the current position be noted.

(2)        That subject to the outcome of the liquidation process for SCIC Ltd and assuming that the headlease be forfeit, or otherwise terminated, Council's preferred direction for the Storey Institute is to seek to continue operating as a Creative Industries Centre, without excluding other options, in order to make the building sustainable and that the Council works productively with the tenants and other stakeholders, to achieve these ends.

(3)        That officers be authorised to investigate the details of the restrictive covenant and to develop proposals in support of (2) above.

(4)        That it be noted that future  ...  view the full minutes text for item 67.

Council 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 it 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 the Council 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 should balance the interests of individuals or the Council itself in having access to information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

The Mayor reminded Council that it had been recommended to exclude the press and public from the meeting for the following items (items 15 and items 10) on the grounds that they could involve the possible disclosure of exempt information.

Councillor Whitaker moved, seconded by Councillor Metcalfe:

“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.” 

A vote was taken and the motion was carried.

Resolved:

“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.” 

(The Public Gallery was cleared at this point.)

To consider the report of the Chief Executive.

(Press and Public will be re-admitted to the meeting at this point if excluded for item 15.)

Council considered a report of the Chief Executive providing an update on progress and seeking decisions regarding the Council’s leasehold interest in the Lancaster Market building. The report was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

The Mayor informed Council that Mr Carl Walls of Smith Lambert Hampton and representatives of the Council’s external auditor KPMG were attending for this item.

There were several questions from Councillors which Mr Walls, and the representatives of KPMG responded to.

Councillor Barry proposed, seconded by Councillor Blamire:

(1)               That the current position regarding the market building be noted, together with the estimated costs involved in gaining vacant possession.

(2)               That in view of the information included in Appendices A to C of the exempt report, Council approves the surrender of the headlease on the terms as set out in exempt Appendix B, but with additional terms being sought through negotiations, as outlined in section 6.6 of the report.

(3)               That the budget framework be updated to reflect (2) above.

(4)               That Officers be authorised to conclude the negotiations and terms for surrender of the headlease, in consultation with the relevant portfolio holder and council leader, in accordance with (2) above and report back on the outcome.

There was no debate and a vote was taken on the proposition, which was clearly carried.

Resolved:

(1)               That the current position regarding the market building be noted, together with the estimated costs involved in gaining vacant possession.

(2)               That in view of the information included in Appendices A to C of the exempt report, Council approves the surrender of the headlease on the terms as set out in exempt Appendix B of the report, but with additional terms being sought through negotiations, as outlined in section 6.6 of the report.

(3)               That the budget framework be updated to reflect (2) above.

(4)               That Officers be authorised to conclude the negotiations and terms for surrender of the headlease, in consultation with the relevant portfolio holder and council leader, in accordance with (2) above and report back on the outcome.

To consider the report of the Chief Executive deferred from the July meeting of Council.

(Press and Public will be re-admitted to the meeting at this point if excluded for item 10.)

Members considered a report about Lancaster Indoor Market which had been deferred from the July meeting of Council. The report, submitted by the Chief Executive, presented background information to the briefing notes made available to Councillors at their meetings in September and November 2011.

The report was exempt from publication by virtue of Paragraph 3 of Schedule 12A of the Local Government Act 1972.

Councillor Barry spoke as Cabinet Member with special responsibility for Markets.

Resolved:

That the report be noted.

(Members of the press and public were re-admitted at this point.)

To receive questions in accordance with the provisions of Council Procedure Rules 13.2 and 13.4 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 there were seven questions.

Two questions had been received by the Chief Executive for the July meeting of Council which had been deferred to this meeting. These were:

(1)         Councillor Johnson to Councillor Hamilton-Cox regarding photo voltaic cells on Council property. 

(2)         Councillor James to Councillor Barry regarding Lancaster Indoor Market.

Councillor James informed Council that she wished to withdraw her question to Councillor Barry since the particular issue in question had been rectified since she raised it.

Five questions had been received for this meeting and these were:

(3)         Councillor Scott to Councillor David Blamire regarding telephone answering.

(4)         Councillor Scott to the Chairman of Council Business Committee, Councillor Newman-Thompson, about the use of mobile phones during meetings.

(5)         Councillor Whitaker to Councillor Hanson regarding the empty properties in the Chatsworth Gardens area.

(6)         Councillor Rollins to Councillor Sands about the use of Segway Personal Transporters on Morecambe Promenade.

(7)         Councillor Whitaker to Councillor David Smith about the disused toilet block on Marine Road West.

Details of the questions and answers together with any supplementary questions and responses are appended to these minutes.

To receive the Minutes of Meetings of Cabinet held on 29^th May, 3^rd 17^th and 24^th July 2012. 

Council considered the Cabinet minutes of the meetings held on 29May, 3, 17 and 24 July.

Resolved:

That the minutes be noted.