Agenda and minutes

Apologies for absence were received from Councillors Sheila Denwood, Andrew Gardiner, Mel Guilding, Helen Helme, Geoff Knight, Anne Whitehead and John Wild.

To receive as a correct record the Minutes of the Meeting of the City Council held on 28 September, 2016 (previously circulated). 

The minutes of the meeting held on 28 September 2016 were signed by the Mayor as a correct record.

Members declared the following interests at this stage:

Councillor Susie Charles declared a non-pecuniary interest in Item 10 – the Draft Arnside & Silverdale AONB Development Plan Document having been appointed to the Forest of Bowland Area of Outstanding Natural Beauty Joint Advisory Committee by Lancashire County Council.

The Mayor welcomed Councillor Ian Clift to his first Council meeting since being elected to represent Westgate Ward in the by-election held on 13^th October 2016.

The Mayor had given permission to Councillor Peter Williamson to speak.  He spoke about the new M6 Link Road which had recently opened to traffic.

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.

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

The Leader presented her report updating Members on various issues since her last report to Council.  She then responded to a number of questions from Members and confirmed that an update on progress with regard to Combined Authorities would be brought to Council in the near future.

Resolved:

(1)          That the report be noted.

Referral from Council Business Committee.

Report to follow.

The Council Business Committee submitted a report to allow Council to consider agreeing an Order for the creation of a Parish Council for Aldcliffe with Stodday.

Councillor Charles proposed, seconded by Councillor Peter Williamson:

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

There was no debate and on being put to the vote the proposition was clearly carried.

Resolved:

(1)             That the Order for the creation of Aldcliffe-with-Stodday Parish Council, as appended to the minutes, be approved.

Report of the Chief Officer (Regeneration & Planning)

Councillors please note: Appendices 2-7 of this report are published electronically and can be found on the Council website at:

 https://committeeadmin.lancaster.gov.uk/ieListDocuments.aspx?CId=305&MId=6691&Ver=4

Paper copies will be available in the Members’ Rooms at Morecambe and Lancaster Town Halls. If you require your own paper copy printing off, please contact Democratic Support on 582132.

The Chief Officer (Regeneration & Planning) submitted a report which sought a resolution from Council to undertake public consultation on the Draft Arnside & Silverdale AONB Development Plan Document (DPD).  This would enable progress to be made towards adopting a dedicated planning approach for the AONB that has the landscape designation at its heart.

Members asked a number of questions. The Chief Officer (Regeneration & Planning) responded to the questions and confirmed that he would provide a written response to Councillor Brookes regarding affordable housing within the AONB areas.

Councillor Hanson proposed, seconded by Councillor Goodrich:

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

There was no debate and on being put to the vote the proposition was clearly carried.

Resolved:

That the Council:

(1)          Resolves to undertake public consultation on the Draft Arnside & Silverdale AONB Development Plan Document (DPD).

(2)          Publishes background evidence and supporting material, including the responses to the Issues & Options consultation, the consultants’ reports on the Sustainability Appraisal and Habitats Regulations Assessment for the Issues & Options version of the Plan, and the specialist landscape, biodiversity and viability assessments on the sites included in the Draft Plan.

(3)          Delegates to the Chief Officer (Regeneration and Planning) the authority to make minor changes to the text of the Draft Plan as appropriate, prior to the period of public consultation (10 November 2016 to 5 January 2017).

Report of the Monitoring Officer.

The Monitoring Officer submitted a report which gave notice of an addition to the Scheme of Delegation to Officers made by the Leader with regard to requests to ‘Light Up’ the Ashton Hall.  The Monitoring Officer responded to questions from Members.

Resolved:

(1)          That the report be noted.

To elect a Chairman of the Audit Committee following the resignation of Councillor Matt Mann.

The Chief Executive advised that in view of the resignation of Councillor Matt Mann Council was required to elect a new Chairman to the Audit Committee.

The Mayor requested nominations for the Chairman of the Audit Committee.

Councillor Bryning was nominated by Councillor Armstrong and seconded by Councillor Brown and Councillor Wilkinson was proposed by Councillor Hamilton-Cox and seconded by Councillor Brookes.

On being put to the vote 30 Members voted for Councillor Bryning and 17 Members for Councillor Wilkinson, whereupon the Mayor declared Councillor Bryning Chairman of the Audit Committee.

Resolved:

That Councillor Bryning be appointed Chairman of the Audit Committee.

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

(1)  Councillor Scott to Councillor Clifford regarding the Armed Forces Covenant

(2)  Councillor Scott to Councillor Clifford regarding UK Armed Forces Day

(3)  Councillor Mace to Councillor Hughes regarding fly tipping

(4)  Councillor Mace to Councillor Hanson regarding St Leonards House

(5)  Councillor Caroline Jackson to Councillor Hughes regarding CCTV

(6)  Councillor Hamilton-Cox to Councillor Hughes regarding lighting on the canal towpath

(7)  Councillor Hamilton-Cox to Councillor Leyshon regarding desk spaces and capacity

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

To receive the Minutes of Meeting of Cabinet held on 4^th October, 2016. 

Council considered the Cabinet minutes of the meeting held on 4^th October 2016.  The Leader and Cabinet Members responded to Members’ questions.  Councillor Clifford advised Councillors Caroline Jackson and Wilkinson that he would email them with the date of the Museum Cabinet Liaison group meeting. Councillor Hughes advised the meeting that he would provide a written answer to Councillor Caroline Jackson with regard to litter enforcement proposals and a written answer to Councillor Hamilton-Cox regarding the County Council’s public realm budget and the impact of the reintroduction of weed control services.  Councillor Clifford confirmed that an update on Community Pools would be brought to December’s Council meeting.

Resolved:

(1)          That the minutes be noted.

Council is recommended to pass the following recommendation in relation to the following item(s):- 

“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 7 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following item has been marked as exempt, it is for 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 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. 

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

Councillor Warriner moved, seconded by Councillor Joan Jackson:

“That, in accordance with Section 100 A (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 7 of Schedule 12A of that Act.”

A vote was taken and the motion was clearly carried.

Resolved:

(1)          That, in accordance with Section 100 A (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 7 of Schedule 12A of that Act.

(The public gallery was cleared at this point)

To consider the report of the Chief Officer (Health and Housing)

Report to follow.

Council considered an exempt report of the Chief Officer (Housing) regarding the delegation of functions from another authority in respect of investigating an offence affecting the district of Lancaster but originating outside of the district.  The report was exempt by virtue of Paragraph 7 of Schedule 12A of the Local Government Act 1972.

The Cabinet Member with Special Responsibility for Health & Housing responded to questions.

Councillor Leytham proposed, seconded by Councillor Cooper:

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

There was no debate and on being put to the vote, the recommendation was clearly carried.

Resolved:

(1)             That Council authorises the Cabinet Member with responsibility for Health and Housing Services to enter into an arrangement with the local authority specified in the exempt report to allow Environmental Health Officers (EHO’s) at Lancaster City Council (LCC) to investigate a company based in the district referred to in the exempt report, in relation to offences specified in the exempt report (and any associated offences).