Agenda and minutes

Apologies for absence were received from Councillors Kathleen Graham, Helen Helme, Alycia James, Vikki Price, Emma Smith and Paul Woodruff.

To receive as a correct record the Minutes of the Meeting of the City Council held on 17^th July, 2013 (previously circulated). 

The minutes of the meeting held on 17 July 2013 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. 

There were no declarations of interest made at this stage.

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

The Mayor offered her thanks and congratulations to members of staff from Environmental Services who undertook the Way of the Roses cycle ride from Morecambe to Bridlington to raise money for one of the Mayor’s chosen charities, North West Air Ambulance.

Phil Christenson, Salvatore Lebaldi, Tony Bolsover, Amie McAvoy, Gary Johnson, Damon Parkinson and Neil Morris from the Grounds Maintenance team took on the 170 mile challenge over three days.

The Mayor informed Councillors that their combined efforts had raised a magnificent £1,500 so far.

The Mayor invited Councillors to a Charity Lunch being held at Lancaster Town Hall on Saturday 12 October, starting with a reception at noon.  Tickets, which included a three course lunch and coffee, were on sale from the Mayor’s office.

The Mayor announced that on Friday 25^th October she would be holding a coffee morning from 10am to noon at Morecambe Golf Club. Councillors were invited to purchase tickets from the Mayor’s office.

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 12.

To receive any petitions and/or addresses from members of the public which have been notified to the Chief Executive in accordance with the Council's Constitution. 

The Mayor informed Members that no petitions or requests to address Council had been received from members of the public.

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

The Leader presented her report updating Members on various issues since her last report to Council. There was one question from a Councillor which the Leader responded to.

Resolved:

That the report be noted. 

To consider the recommendations of Cabinet from its meeting on 23^rd July 2013.

Councillor Bryning presented a report of Cabinet setting out various matters in connection with the overall outturn position for 2012/13.  The report detailed a number of requests to carry forward revenue funding allocations over £10,000 for Council to consider for approval.

Members asked a number of questions which Councillor Bryning and the Chief Officer (Resources) responded to.

Councillor Bryning proposed the recommendations, as set out in the report, seconded by Councillor David Smith.

A vote was taken on the proposals which were clearly carried.

Resolved:

(1)                           That the requests for carry forward of underspent budgets, as set out in Appendix A of the report, be approved.

(2)                           That the Annual Treasury Management report and Prudential Indicators, as set out in Appendix B of the report, be approved.

To consider the following Motion submitted by Councillors Rollins, Dennison, Hamilton-Cox and Whitaker:

“The combined Local Authorities in the North of England with responsibility for transport have produced a Long-term Rail Strategy for the North of England. This document is now open for consultation.

The Council requests the appropriate officer(s) to respond to this consultation and request that the electrification of the Lancaster-Morecambe rail line be included in that strategy.”

An officer briefing note is attached.

The following motion, of which notice had been given to the Chief Executive in accordance with Council Procedure Rule 16, was moved by Councillor Rollins and seconded by Councillor Dennison:-

“The combined Local Authorities in the North of England with responsibility for transport have produced a Long-term Rail Strategy for the North of England. This document is now open for consultation.

The Council requests the appropriate officer(s) to respond to this consultation and request that the electrification of the Lancaster-Morecambe rail line be included in that strategy.”

An officer briefing note, prepared by the Chief Officer (Regeneration and Planning) had been included with the agenda.

After some debate, a vote was taken and the motion was clearly carried.

Resolved:-

The combined Local Authorities in the North of England with responsibility for transport have produced a Long-term Rail Strategy for the North of England. This document is now open for consultation.

The Council requests the appropriate officer(s) to respond to this consultation and request that the electrification of the Lancaster-Morecambe rail line be included in that strategy.

To consider the following Motion submitted by Councillor Whitaker, Ian Pattison and Redfern:

“This Council notes with deep concern the coalition government’s cut to the national legal aid budget by £350 million, depriving many people of legal aid advice.

Council is additionally concerned that claimants including vulnerable residents needing help in cases of medical negligence, employment and welfare will no longer be entitled to legal aid.

These people will be denied justice as their cases will be unheard without the support of a legal aid lawyer.

This Council believes legal aid cuts in addition to the government cuts to public services are a further blow to those people already enduring hardship. Council believes that the impact of the cuts to legal aid will result in a two tier legal aid system.

This Council resolves to write to the Justice Minister urging him to reverse these cuts and to also urge the two MPs to lobby for this cut to be reversed in accordance with the well being of their constituents.”

An officer briefing note is attached.

Councillor Whitaker had given the required notice to the Chief Executive in accordance with Council Procedure Rule 16 to propose the following motion:-

“This Council notes with deep concern the coalition government’s cut to the national legal aid budget by £350 million, depriving many people of legal aid advice.

Council is additionally concerned that claimants including vulnerable residents needing help in cases of medical negligence, employment and welfare will no longer be entitled to legal aid.

These people will be denied justice as their cases will be unheard without the support of a legal aid lawyer.

This Council believes legal aid cuts in addition to the government cuts to public services are a further blow to those people already enduring hardship. Council believes that the impact of the cuts to legal aid will result in a two tier legal aid system.

This Council resolves to write to the Justice Minister urging him to reverse these cuts and to also urge the two MPs to lobby for this cut to be reversed in accordance with the well being of their constituents.”

Before proposing the motion, Councillor Whitaker informed Councillors that he wished to amend the wording of the last paragraph slightly, to:

“This Council resolves to write to the Justice Minister urging him to reverse these cuts and to send a copy to the two MPs.”

The motion was seconded by Councillor Ian Pattison.

The Chief Officer (Governance) had prepared a briefing note to accompany the agenda giving background information about recent government cuts to legal aid.

There was a lengthy debate before the Mayor called for a vote and, with many voting for and few against, the motion was carried.

Resolved:-

This Council notes with deep concern the coalition government’s cut to the national legal aid budget by £350 million, depriving many people of legal aid advice.

Council is additionally concerned that claimants including vulnerable residents needing help in cases of medical negligence, employment and welfare will no longer be entitled to legal aid.

These people will be denied justice as their cases will be unheard without the support of a legal aid lawyer.

This Council believes legal aid cuts in addition to the government cuts to public services are a further blow to those people already enduring hardship. Council believes that the impact of the cuts to legal aid will result in a two tier legal aid system.

This Council resolves to write to the Justice Minister urging him to reverse these cuts and to send a copy to the two MPs.

To consider the report of Chief Officer (Regeneration and Planning).

Councillors please note: The appendices to this report are in excess of 400 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 sets of papers, including the Sustainability Appraisal and Strategic Environmental Assessment and the Habitats Regulations Assessment for the Morecambe Area Action Plan, 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/

Council considered the formal publication and submission to the Secretary of State of two Local Plan documents for the Lancaster District: the Development Management Development Plan Document (DPD) and Morecambe Area Action Plan (MAAP) DPD. The accompanying report explained that further work was being undertaken on the Land Allocations DPD before it would be ready for Council to consider for publication and submission.

The Chief Officer (Regeneration and Planning) responded to a question about the report before Councillor Hanson proposed the recommendations in the report, seconded by Councillor Blamire:-

“(1)         That two Local Plan documents (the Development Management Development Plan Document (DPD) [Planning Policies] and Morecambe Area Action Plan (MAAP) Development Plan Document) be formally published, and that a six-week period of consultation be arranged, during which representations on the soundness and legality of the documents may be made.

(2)                     That, following the formal publication and closure of the period for representations, the DPDs, supporting information and representations received be submitted to the Secretary of State.” 

Councillor Hamilton-Cox  proposed an amendment:

“That the Local Plan does not proceed to publication until the Land Allocations document and guidance on sustainable construction is complete; that the core strategy is retained but that any detailed changes be brought to full Council, and that the Development Management DPD be amended to fit with the Core Strategy.”

Debate on the amendment followed. Councillors then voted and the amendment was clearly lost.

Councillor Jackson proposed an addendum to the original motion, seconded by Councillor Kay:-

“That officers be asked to draft material that will look sympathetically at proposals coming forward for a major visitor attraction in Morecambe.”

Councillors Hanson and Blamire accepted this as a friendly amendment to the motion and a vote was taken, which was clearly carried.

Resolved:

(1)                    That two Local Plan documents (the Development Management Development Plan Document (DPD) [Planning Policies] and Morecambe Area Action Plan (MAAP) Development Plan Document) be formally published, and that a six-week period of consultation be arranged, during which representations on the soundness and legality of the documents may be made.

(2)                    That, following the formal publication and closure of the period for representations, the DPDs, supporting information and representations received be submitted to the Secretary of State. 

(3)                    That officers be asked to draft material that will look sympathetically at proposals coming forward for a major visitor attraction in Morecambe.

To consider the report of Chief Officer (Governance).

Council considered a report submitted by the Head of Governance. The report noted that the Council had been asked to appoint a Member to the Board of the Lancaster District Children and Young People’s Trust. Members were asked to consider the basis for the appointment, which had previously been by virtue of position as Cabinet Member. The report noted that Cabinet responsibilities had changed and that the responsibility for Children and Young People no longer rested with one particular Cabinet portfolio holder.

Councillor Dennison proposed that the basis of appointment should be by virtue of role as Children and Young People’s Champion and nominated Councillor Taylor to fill the vacancy as the Council’s Champion for 2013/14. The nomination was seconded by Councillor Greenall.

The Mayor called for a vote on the proposition which was clearly carried.

Resolved:

That Councillor Taylor be appointed to the Board of the Lancaster District Children and Young People’s Trust by virtue of her position as the Council’s Children and Young People’s Champion for 2013/14.

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 5 questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

(1)         Councillor Johnson to Councillor Hamilton-Cox regarding solar cells on Salt Ayre Sports Centre.

(2)         Councillor Johnson to Councillor Hamilton-Cox regarding security of valuable artefacts at Lancaster and Morecambe Town Halls.

(3)         Councillor Mace to Councillor Hanson regarding the Storey Gardens.

(4)         Councillor Mace to Councillor Sands regarding attracting visitors to stay in Lancaster District

(5)         Councillor Hill to Councillor Dixon regarding telephone links for Taxis in Dalton Square and Lancaster Bus Station.

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

To receive the Minutes of Meeting of Cabinet held on 23^rd July, 2013. 

Council considered the Cabinet minutes of the meeting held on 23 July 2013. There was one question from a Member which the Leader responded to.

Resolved:

That the minutes be noted.