Agenda and minutes

Before starting the meeting the Mayor welcomed Councillor Tyldesley to her first Council meeting since being elected to represent Warton Ward in the by-election held on 8 September 2022.

Apologies for absence were received from Councillors Tony Anderson, Paul Anderton, Phil Black, Jake Goodwin, June Greenwell, Mel Guilding, Tim Hamilton-Cox, Debbie Jenkins, Sarah Knight, Erica Lewis, Faye Penny, Luke Taylor, Malcolm Thomas, Anne Whitehead and Peter Yates.

Apologies were recorded for Councillor Jason Firth at this point, however he arrived during item 5 (minute number 57 refers).

To receive as a correct record the Minutes of the Meeting of the City Council held on 27 July, 2022 (previously circulated). 

The minutes of the meeting held on 27 July 2022 were signed by the Mayor as a correct record.

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. 

Councillor Dant declared an interest in relation to the report regarding a Neighbourhood Plan for Aldcliffe with Stodday in view of his membership of that Neighbourhood Planning Group. Although this was not a pecuniary interest Councillor Dant informed the Mayor that he would not participate in that item of business. (Minute No. 62 refers.)

(Councillor Firth arrived at the start of this item and his apologies were withdrawn.)

The Mayor noted that this was the first full Council meeting since the sad death of Her Majesty Queen Elizabeth II. She asked that Councillors remember this event and the recent passing of Councillor Merv Evans, after a long illness, on 12 August 2022.

Councillor Evans was elected to Council for Westgate Ward in May 2019 and served as a Member of Cabinet for several months during his term of office. He passed away peacefully with his family by his side.

Members stood in a minute’s silence in memory.

The Mayor informed Councillors that she intended to move items 9 and 10 to the end of the agenda because there was recommendation to exclude press and public for the restricted report on No 1 Gateway, White Lund Industrial Estate, Financing a Solar Array Proposal.

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.

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. She then responded to a number of questions from Councillors.

Resolved:

That the report be noted. 

Report of the Committee System Working Group

Councillor Dant, Chair of the Committee System Working Group, presented the Group’s report updating Council on its work.

There were no questions about the report.

Councillor Dant proposed:

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

Councillor Heath seconded the proposition.

There was no debate. The proposition was carried unanimously when put to the vote.

Resolved unanimously:

(1)        That the report be noted.

(2)        That no further work be carried out by the Working Group during the 2022/23 municipal year.

(3)     That the facts and information gathered by the Working Group be held by Democratic Services to assist the Council should this issue be raised again following the Council’s May 2023 elections.

Report of the Director of Economic Growth and Regeneration.

(Councillor Dant, having previously declared an interest in this item, abstained from voting.)

Council considered a report of the Director of Economic Growth and Regeneration regarding a Neighbourhood Plan for Aldcliffe with Stodday.

The report sought Council’s permission to formally “make” the Aldcliffe with Stodday Neighbourhood Plan with immediate effect, with the consequence that it would become part of the statutory Development Plan for the area.

Councillor Dowding, Cabinet Member for Planning and Place Making, presented the report, which was received with no questions from Councillors.

The recommendation set out in the report was proposed by Councillor Dowding, seconded by Councillor Robinson.

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

Resolved:

(1)     That the Council, under section 38A(4) of the Planning and Compulsory Purchase Act 2004, formally makes the Aldcliffe with Stodday Neighbourhood Plan with immediate effect, with the consequence that it becomes part of the statutory Development Plan for the area.

Report of the Chief Finance Officer

Published 22 September 2022.

The Chief Finance Officer had submitted a report of the Annual Treasury Management Outturn for 2021/22.  The report was for noting.

The Cabinet Member for Finance and Resources had given apologies for the meeting, therefore the Leader presented the report to Council and responded to questions, assisted by the Chief Finance Officer.

Resolved:

That the report and prudential indicators be noted.

Report of the Head of Democratic Services

Councillors considered a report of the Head of Democratic Services advising them of the calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989 following a change to the political composition of the Council.

The changes were following the sad death of Councillor Merv Evans (Westgate Ward), the resignation of Councillor Katie Whearty (University and Scotforth Rural Ward)  and the election of Councillor Sue Tyldesley (Warton Ward).

Councillor Wood proposed, seconded by Councillor Knight:

“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 the report, including the adjustments set out in the table in 3.4 of the report.” It was noted that the recommendation in the report incorrectly referred to a table in paragraph 2.3 of the report instead of 3.4.

The proposition was carried unanimously when put to the vote.

Resolved unanimously:

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 the report, including the adjustments set out in the table in 3.4 of the report.

Group Administrators to report any changes to Committee Membership.  

The following changes to Committee Memberships were reported since the last Council meeting:

For the Labour Group Councillor Parr had replaced Councillor Robinson on the Audit Committee. Councillor Lewis had replaced Councillor Wood as a named substitute on the same committee.

To effect the adjustments required as a result of the revised political balance calculation (minute 64 refers), the Independent Group had given up the seat on the Personnel Committee held by Councillor Jenkins to the Green and Independent Group. 

The Green and Independent Group appointed Councillor Stubbins to the Personnel Committee.

No other adjustments were required as a result of the calculation, the Bay Independent Group and the Liberal Democrat Group having agreed to allow the Independent Group to keep the seat that would otherwise have been a three way ‘tie’.

The Green and Independent Group also informed Council that Councillor Tyldesley would replace Councillor Bannon on the Planning Regulatory 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 two questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

(1)       Councillor Dant to Councillor Dowding regarding Lancashire County Council’s consultations on road schemes.

(2)       Councillor Whitaker to Councillor Brookes regarding West End Gardens.

Councillor Dant asked:

Between 26/10/2020 - 08/12/2020 Lancashire County Council undertook a consultation on two schemes:

•        The M6 Junction 33 Link Road and Infrastructure concerns the delivery of infrastructure to deliver new housing in south Lancaster (the South Lancaster Strategic Growth Area); and,

•        The Lancaster City Centre Movement and Public Realm Strategy concerns the improvement of accessibility for walking, cycling and public transport in and around the city centre.

Councillors and residents in Lancaster have had no further information on either scheme since the options were discussed at the County Cabinet meeting in February 2021. The County’s website promises further modelling, an assessment of air quality and “further consultation in late 2021 on a preferred option” for the City Centre Movement strategy. Many possible transport issues and developments in Lancaster are dependent on what the County Council is going to do about changes to highways infrastructure in the City:

•        Air pollution in the City Centre and in Galgate continues to exceed WHO guidance.

•        The overcrowded city centre roads are dangerous for all but the most confident cyclists.

•        The gyratory system continues to allow through traffic and HGVs continue to make the left turn into Meeting House Lane and use Station Road to access the Lune Industrial Estate.

•        There is no plan for how the J33 Link Road and the City Centre will be connected for transport. The much talked about cycle-superhighway and better buses schemes for Lancaster still have no routes that can inform planning decisions and to which residents can look forward.

 •       The City is spending precious planning resources on an Area Action Plan for South Lancaster without any clear plan for how, when or where the roads for the so-called Bailrigg Garden Village will go, or how they will traverse the West Coast Mainline and connect with the existing or emerging road system in the City.

•        There has been no progress on the long awaited changes to the Pointer Roundabout which still has no adequate crossings for pedestrians on three of the two-lane roads that enter it or on providing a safe route for cyclists through the roundabout, despite this being funded through the Department for Transport Safer Roads funds -which has already been secured.

Can the Cabinet member for Planning please tell us how these key planning issues for the City of Lancaster are going to be resolved?

Councillor Dowding thanked Councillor Dant for his question and responded:

Your question raises some very important points.

Of course, Lancashire County Council is the transport and highway authority for the Lancashire District. It is responsible for the planning and delivery of any proposed changes to the district’s road network and cycling and walking infrastructure.

The consultation  ...  view the full minutes text for item 66.

To receive the Minutes of Meetings of Cabinet held 12^th and 26^th July, 2022. 

Council considered the Cabinet minutes of the meetings held on 12 and 26 July 2022. No questions were raised.

Resolved:

That the minutes be noted.

To consider the minutes of: -

a)     Audit Committee, 25^th May 2022

b)     Licensing Committee, 30^th June 2022

c)     Budget and Performance Panel, 6^th July 2022

d)     Overview and Scrutiny Committee, 14^th July 2022

e)     Planning Regulatory Committee, 18^th July 2022

f)       Licensing Committee, 28^th July 2022

g)     Planning Regulatory Committee, 15^th August 2022

Council considered the minutes of Committee meetings approved since the last Council meeting. These were:

a) Audit Committee, 25th May 2022

b) Licensing Committee, 30th June 2022

c) Budget and Performance Panel, 6th July 2022

d) Overview and Scrutiny Committee, 14th July 2022

e) Planning Regulatory Committee, 18th July 2022

f) Licensing Committee, 28th July 2022

g) Planning Regulatory Committee, 15th August 2022

No questions were raised on any of the minutes.

Resolved:

That the minutes be noted.

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 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 Caroline Jackson moved, seconded by Councillor Wood:

“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 ground that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.

(The Council Chamber was cleared of any press or public present at this point.)

Report of Cabinet.

Published 22^nd September 2022.

(The full minute and resolution for this item is included in a minute which is exempt from publication under paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972.)

It was noted that the report submitted had a slightly different title to the report listed on the agenda.

Councillor Hamilton-Cox, Cabinet member for Sustainable Economic Prosperity, had given apologies for the meeting. In his place, Councillor Dowding introduced the report and responded to a number of questions from Councillors.

Councillor Dowding then proposed the recommendations, as set out in the exempt report, seconded by Councillor Heath.

Following a lengthy debate, a vote was taken on the propositions, which were clearly carried.