Agenda and minutes

Apologies for absence were received from Councillors Gerry Blaikie, Claire Cozler, Chris Hanna, John Hanson, Kate Knight, Sarah Punshon and Paul Tynan.

To receive as a correct record the Minutes of the Meeting of the City Council held on 19 July 2023 (previously circulated). 

The minutes of the meeting held on 19 July 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. 

No declarations of interest were made.

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 four questions had been received from members of the public in accordance with Council Procedure Rule 11.  All the questions were for Councillor Caroline Jackson the Cabinet Member with particular responsibility for Housing and Homelessness.

Full details of all the questions and the responses from Councillor Caroline Jackson together with the supplementary questions and answers are appended to the minutes.

(During the following item, the Mayor welcomed Councillor Paul Gardner to his first Council meeting since his election.)

In accordance with Council Procedure Rule 13, Mr Joshua Brandwood addressed Council regarding the reinstatement of the firework display at the end of the Light Up Lancaster festival.

Mr Brandwood’s speech was in support of an online petition to Council which he had earlier supplied to Democratic Support, in line with Council Procedure Rule 27. The petition urged the Council “to re-evaluate its decision to stop funding the firework finale which concludes the Light Up Lancaster Festival”.

The petition contained more than 500 signatures and, in accordance with the Council’s Constitution, a report had been prepared to allow debate by Council. Councillor Potter, the Cabinet Member with particular responsibility for the Visitor Economy, Community Wealth-Building and Culture, introduced the report. She then proposed that:

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

Councillor Sophie Maddocks seconded the proposal.

There was a short debate followed by a vote. The proposal was clearly carried.

Resolved:

1)         That Council notes that within existing resources and operational constraints it is not practically possible to directly organise a firework display this year

2)         That Officers be requested to work with partners to evaluate the wider economic, cultural, environmental and operational impact of the extra day of Light Up Lancaster this year in comparison with previous year arrangements that included a firework display and feedback into the formulation of plans for 2024/ 25, reporting this to Cabinet for inclusion in 2024/25 budget proposals.

The Leader presented his report updating Members on various issues since his last report to Council. He then responded to a number of questions from Councillors.

Resolved:

That the report be noted. 

To consider a motion on notice submitted by Councillors Joanne Ainscough and Jean Parr.

Councillor Ainscough proposed the following motion having given the required notice to the Chief Executive in accordance with Council Procedure Rule 15:-

“This Council notes that:

1.     The pressure on organisations to pay their fair share of tax has never been stronger.

2.     Polling from the Institute for Business Ethics finds that “corporate tax avoidance” has, since 2013, been the clear number one concern of the British public when it comes to business conduct.

3.     Two thirds of people (66%) believe the Government and local councils should at least consider a company’s ethics and how they pay their tax, as well as value for money and quality of service provided, when awarding contracts to companies.

4.     Around 17.5% of public contracts in the UK have been won by companies with links to tax havens.

5.     It has been conservatively estimated that losses from multinational profit-shifting (just one form of tax avoidance) could be costing the UK some £17bn per annum in lost corporation tax revenues.

6.     The Fair Tax Mark offers a means for business to demonstrate good tax conduct and has been secured by a wide range of businesses across the UK, including FTSE-listed PLCs, co-operatives, social enterprises and large private businesses.

This Council believes that:

1.     Paying tax is often presented as a burden, but it shouldn’t be.

2.     Tax enables us to provide services from education, health and social care, to flood defence, roads, policing and defence. It also helps to counter financial inequalities and rebalance distorted economies.

3.     As recipients of significant public funding, local authorities should take the lead in the promotion of exemplary tax conduct; be that by ensuring contractors are paying their proper share of tax, or by refusing to go along with offshore tax dodging when buying land and property.

4.     Where councils hold substantive stakes in private enterprises, influence should be wielded to ensure that such businesses are exemplars of tax transparency and tax avoidance is shunned.

5.     More action is needed, however, as current and proposed new UK procurement law significantly restricts councils’ ability to either penalise poor tax conduct (as exclusion grounds are rarely triggered) or reward good tax conduct, when buying goods or services.

6.     UK cities, counties and towns can and should stand up for responsible tax conduct - doing what they can within existing frameworks and pledging to do more given the opportunity, as active supporters of international tax justice.

This Council resolves to:

1.     Approve the Councils for Fair Tax Declaration.

2.     Lead by example and demonstrate good practice in our tax conduct, right across our activities.

3.     Ensure IR35 is implemented robustly, and contract workers pay a fair share of employment taxes.

4.     Not use offshore vehicles for the purchase of land and property, especially where this leads to reduced payments of stamp duty.

5.     Undertake due diligence to ensure that not-for-profit structures are not being used inappropriately by suppliers as an artificial device to reduce the payment of tax and business rates.  ...  view the full minutes text for item 58.

Report of Chief Finance Officer.

The Chief Finance Officer submitted a report to Council to note the Annual Treasury Management 2022/23 outturn report and Prudential Indicators, as set out in an Appendix to the report.

Councillor Hamilton-Cox. Cabinet Member for Finance and Resources, presented the report to Council and responded to a number of questions from Councillors.

The report was for noting.

Resolved:

That the report be noted.  

Report of Chief Officer Planning and Climate Change.

The Chief Officer Planning and Climate Change had submitted a report to formally “make” the Slyne-with-Hest Neighbourhood Plan with immediate effect, with the consequence that it would become part of the statutory Development Plan for the area.

Councillor Parr, Cabinet Member for Planning and Placemaking, presented the report before proposing:

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

Councillor Budden seconded the motion. There was no debate and the proposal was carried unanimously 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 makes the Slyne-with-Hest Neighbourhood Plan with immediate effect, with the consequence that it becomes part of the statutory Development Plan for the area.

Report of Chief Officer Planning and Climate Change.

Councillor Parr, Cabinet Member for Planning and Placemaking, presented a report regarding the publication of a revised Local Development Scheme.

Following resolutions on Future Local Plan Options made by Cabinet on 12 September 2023 the report presented a revised Local Development Scheme (LDS). This described the Local Development Plan (“Local Plan”) Documents that the Council would prepare along with a timetable for their preparation. Council was asked to approve the LDS for publication along with a process of delegation for minor updates.

Councillor Andrew Gardiner asked Councillor Parr about the quantity of new housing required in the district and where these would be situated. Councillor Parr agreed to supply a written answer to the question to all Councillors following the meeting. She then proposed the recommendation in the report:

“That the October 2023 Local Development Scheme [LDS], which was attached to the report, and the approach to the publication of subsequent updates to the timetable be approved for publication to come into effect upon the Council’s resolution.”

The proposal was seconded by Councillor Tyldesley.

Debate followed. At the conclusion of the debate the Mayor called for a vote and the proposition was clearly carried.

Resolved:

That the October 2023 Local Development Scheme [LDS], which was attached to the report, and the approach to the publication of subsequent updates to the timetable be approved for publication to come into effect upon the Council’s resolution.

Report of the Senior Manager, Democratic Support and Elections.

The Senior Manager, Democratic Support and Elections, had submitted a report to appoint a Diversity Champion following the Council decision on 19 July 2023 to create this new role. Councillor Wood, Cabinet Member for Corporate Services, presented the report.

Councillor Phil Black enquired whether the role could be shared. It was clarified that this would be possible if the £250pa Champion’s special responsibility allowance were to be shared between the two appointed Councillors.

The Mayor called for nominations.

Councillor Sally Maddocks nominated Councillor Abuhajar seconded by Councillor Dowding.

Councillor Sophie Maddocks nominated Councillor Whitaker, seconded by Councillor Redfern.

Councillor Hunter nominated Councillor Andrew Gardiner, however he subsequently withdrew the nomination.

The Mayor declared Councillors Abuhajar and Whitaker appointed to the shared role of Diversity Champion for the remainder of the four year term of office.

Resolved:

That Councillors Abuhajar and Whitaker be appointed joint Diversity Champions until the next elections in May 2027.

Report of the Senior Manager, Democratic Support and Elections.

Council considered a report of the Senior Manager, Democratic Support and Elections, informing Council that it had been invited to appoint an additional co-opted  member to the Lancashire Police and Crime Panel from the Green Group. This was to assist with political balance of the Panel.

Councillor Brookes reported that Councillor Sally Maddocks would take up the position. 

Resolved:

That Councillor Sally Maddocks be appointed as an additional co-opted member of the Lancashire Police and Crime Panel for the remainder of the municipal year 2023/24.

Group Administrators to report any changes to Committee Membership.  

One change was reported. The Green Group had replaced Councillor Fish on the Planning Regulatory Committee with Councillor Sally Maddocks.

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

(1)       Councillor Budden to Councillor Ainscough regarding the cost of clearing fly tipping.

(2)       Councillor Budden to Councillor Ainscough regarding the number of prosecutions for fly tipping.

(3)       Councillor Budden to Councillor Ainscough regarding the splash pool in Happy Mount Park.

(4)       Councillor Newton to Councillor Parr regarding developing the Bailrigg area of the district.

(5)       Councillor Cleet to Councillor Wilkinson regarding St Leonardgate Car Park.

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

To receive the Minutes of the Meetings of Cabinet held 6 June and 11 July 2023. 

Council considered the Cabinet minutes of the meetings held on 6 June and 11 July 2023.

Resolved:

That the minutes be noted.