Agenda and minutes

Apologies were received from Councillors Tony Anderson, Paul Anderton, Abbott Bryning, Darren Clifford, Tim Dant, Jason Firth, Tricia Heath, Debbie Jenkins, Sarah Knight, Sally Maddocks, Cary Matthews, Stuart Morris, Jean Parr, Faye Penny, Oliver Robinson, Alistair Sinclair, Luke Taylor and Malcolm Thomas.

To receive as a correct record the Minutes of the Meeting of the City Council held on 22 February, 2023 (previously circulated). 

The minutes of the meeting held on 22 February 2023 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 Tyldesley declared an ‘other’ interest in Item 11 Community Governance Review – Creation of Yealands Parish Council in view of her being a member of Yealand Conyers Parish Council.

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 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.

Councillor Black moved that Council Procedure Rule 12 be suspended for this item of business. The proposition was seconded by Councillor Gardiner and was carried when put to the vote.

The Leader then responded to a number of questions from Councillors.

Resolved:

That the report be noted. 

Report of Cabinet.

Council considered a report of Cabinet to determine options for proposed changes to Council Tax premiums as included within the Levelling Up and Regeneration Bill which, subject to the Bill receiving Royal Assent prior to 31 March 2023, was due to become effective from 1 April 2024.

Members asked a number of questions and Councillor Lewis proposed that the meeting be adjourned briefly in order that clarification could be sought on the issues raised so that a decision could be taken at this meeting as it was not appropriate to defer the item to April’s Council. The proposal to adjourn was seconded by Councillor Whitaker and clearly carried when put to the vote.

The meeting adjourned at 6.40pm and reconvened at 6.45pm.

On reconvening Councillor Whitehead proposed, seconded by Councillor Hamilton-Cox:

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

Following a brief debate in accordance with regulations and with Council Procedure Rule 19.7 a recorded vote was taken in respect of the decision relating to the making of a Council Tax calculation.

For the proposition: Councillors Askari, Austen-Baker, Bannon, Biddulph, Black, Blaikie, Boyd-Power, Brookes, Budden, Cleet, Dowding, Frea, Gardiner, Greenwell, Guilding, Hamilton-Cox, Hartley, Hunter, Jackson (Caroline), Jackson (Joan), King, Knight (Geoff), Lenox, Lewis, Mills, Pattison, Pritchard, Redfern, Stubbins, Thornberry, Tyldesley, Whitaker, Whitehead, Wild, Wood, Yates and Young.  (37)

Against the proposition: None

Abstentions: Councillors Dennison and Greenall. (2)

Resolved:

(1)             That Full Council approves that the following additional Council Tax premiums be applied from 1 April 2024, or as soon as possible thereafter, subject to the required legislation being in place.

· 100% premium for dwellings occupied periodically.

· 100% premium for properties which have been empty and unfurnished for a period of between 1 (previously 2) and 5 years.

Report of Cabinet.

Council considered a report of Cabinet which proposed a Flexible Use of Capital Receipts Strategy for 2023-24 to complement the Council’s Outcomes-Based Resourcing programme.  Statutory guidance from the Department for Levelling Up, Homes and Communities (DLUHC) and the Chartered Institute of Public Finance and Accountancy (CIPFA) enabled local authorities to make flexible use of capital receipts to fund projects which were likely to generate savings to the authority and / or other public bodies. To make use of this provision, authorities must submit to the Secretary of State a Flexible Use of Capital Receipts Strategy setting out how the provision would be applied in the next financial year.

There were no questions on the report and Councillor Whitehead proposed, seconded by Councillor Hamilton-Cox:

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

There was no debate and when put to the vote Members voted unanimously in favour of the proposition.

Resolved unanimously:

(1)        That Full Council approves the Flexible Use of Capital Receipts Strategy 2023/24 set out in the report, in accordance with the relevant statutory guidance.

Report of Council Business Committee.

Council received a  report of the Council Business Committee to enable Council to consider agreeing an Order for the creation of the Yealands Parish Council.

No questions were raised and Councillor Knight proposed, seconded by Councillor Lewis:

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

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

Resolved unanimously:

(1)             That the Order for the creation of the Yealands Parish Council as attached to the report be approved.

The Chief Executive, Monitoring Officer and Section 151 Officer left the meeting whilst the following item was considered.

Report of Personnel Committee.

Published 13 March 2023

Council received a referral report from the Personnel Committee to consider and agree the Personnel Committee’s recommendation for the Pay Policy Statement for 2023-24 as required by the Localism Act 2011.

Councillor Wood proposed, seconded by Councillor Askari:

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

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

Resolved unanimously:

(1)             That the Pay Policy Statement 2023-24 be approved.

At this point the Chief Executive, Monitoring Officer and Section 151 Officer returned to the meeting.

To consider a motion on notice submitted by Councillors Austen-Baker, Joan Jackson and Malcolm Thomas.

The following motion of which notice had been given to the Chief Executive in accordance with Council Procedure Rule 15 was moved by Councillor Austen-Baker and seconded by Councillor Joan Jackson:-

RULES REGARDING MOTIONS ON NOTICE

The Council notes that:

(a)                 A number of debates at full Council concern matters irrelevant to the business of a district council (such as nuclear warheads, foreign policy, the mode of conducting parliamentary elections), usually brought tenuously within the ambit of the Council’s Constitution by including a resolution that the Chief Executive write a letter to some external authority or body reflecting the outcome of the debate.

(b)                 Although the financial cost to the Council of writing such letters is confined to the cost of the paper, envelope and postage, the debates themselves take up the time of councillors and officers, and also delay other Council personnel staffing the building leaving for the day.

(c)                 The debates also involve the use of energy for lighting and heating in the Council chamber and other parts of Morecambe Town Hall, beyond what would be necessary if the debates did not occur, thus also generating concomitant carbon dioxide emissions, contrary to the purposes of the Council’s declaration of a Climate Emergency.

(d)                 Debates the substantive content of which is beyond the competence of a District Council are apt to bring local government into disrepute.

It is therefore RESOLVED that:

(1)               Save as provided in paragraph (2), below, the Chief Executive shall rule out of order (in accordance with clause 15.4 of the Constitution of Lancaster City Council) any motion on notice for an ordinary meeting of the Council, the substantive content of which does not, in his reasonable opinion, fall within the scope of district council responsibilities, notwithstanding that the notice includes a resolution technically within the power of the Council to carry into effect.

(2)               Notwithstanding paragraph (1), above, the Chief Executive may allow a motion on notice which, whilst falling to be ruled out of order under paragraph (1), above, falls within the terms of clause 15.4 of the Council Constitution, only provided that the matter so raised affects “the area or residents, workers or visitors to the District” in a degree significantly greater than it affects residents, workers or visitors to other districts in England, so making its discussion of particular pertinence to Lancaster City Council.

(3)               The Monitoring Officer be authorized to make such amendment to the Constitution of the Council as is required to give effect to the above resolutions.

An officer briefing note had been circulated with the agenda.

The Mayor asked Councillor Austen-Baker if he wished to propose the motion and he replied that he did. Councillor Joan Jackson seconded the motion.

The Mayor moved on to take questions for the proposer of the motion and Councillor Austen-Baker responded to a number of questions before moving to debate.

At the conclusion of a lengthy debate a vote was taken and the motion was lost, with 8 Members in favour, 27  ...  view the full minutes text for item 147.

Report of Head of Planning and Place.

Council received a report from the Head of Planning and Place to formally “make” the Carnforth Neighbourhood Plan with immediate effect, with the consequence that it would become part of the statutory Development Plan for the area.

No questions were asked in relation to the report.

Councillor Dowding proposed, seconded by Councillor Yates:

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

There was no debate and at this point Councillor Dowding asked that congratulations be noted and passed to Carnforth Town Council.

Councillors then voted on the proposition which was unanimously carried when put to the vote.

Resolved unanimously:

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

Group Administrators to report any changes to Committee Membership.  

No changes to  Committee memberships were reported.

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 one question had been received by the Chief Executive in accordance with Council Procedure Rules.  The question was from Councillor Whitaker to Councillor Matthews.  As Councillor Matthews had sent her apologies for the meeting Councillor Whitaker agreed that a written response would be acceptable and the response is appended to the minutes.

To receive the Minutes of Meeting of Cabinet held 7 Feb 2023. 

Council considered the minutes of Cabinet held on 7 February 2023.

Resolved:

That the minutes be noted.