Agenda and minutes

Apologies for absence were received from Councillors Stuart Bateson, Amara Betts-Patel, Sheila Denwood, Abi Mills, John Wild, Peter Yates and Phillippa Williamson.

To receive as a correct record the Minutes of the Meeting of the City Council held on 18^th July 2018 (previously circulated). 

The draft minutes of the meeting held on 18 July 2018 were considered for approval. At that meeting, Councillor Barry had asked a question on notice of Councillor Blamire, which was not shown in the draft public minutes. It had been recorded separately in a minute exempt from publication. Councillor Barry asked that the question and answer be made public. The Monitoring Officer agreed to his request.

Council agreed that, subject to the amendment requested by Councillor Barry being made, the draft minutes be approved and published.

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 9 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. 

Councillor Pattison reported that she was a member of the Development Control Committee of Lancashire County Council and would prefer to leave the room whilst the motion about fracking was discussed. (Minute 57 refers.)

The Mayor reported the recent death of Honorary Alderman Jean Race, who had sadly passed away following a short period of illness.

Jean was elected in May 1983 as the ward councillor for Parks Ward and became an Honorary Alderman in 1999. Her funeral was held on 21 September 2018.

Members stood in a minute’s silence in her memory.

The Mayor announced that tickets were on sale for a Voodoo Halloween Ball which would be held at the Alhambra in Morecambe on Saturday 27^th October at 7.30pm. The tickets were available from the Mayor’s office, priced £12.50 each, to include hot food.

The Mayor permitted Councillor Cooper, who had recently resigned from the Conservative Group, to make a personal statement about his resignation.

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.

The Leader, other Cabinet Members and the Planning Manager then responded to a number of questions from Councillors about various issues in the report.

Resolved:

That the report be noted. 

Referral from Council Business Committee.

The Chairman of Council Business Committee, Councillor Reynolds, introduced the Committee’s report to Council to conclude the Community Governance Review.

Members asked a number of questions, which Councillor Reynolds and the Monitoring Officer responded to. Officers agreed to respond in writing to Councillor Caroline Jackson who raised a query about the amount of £10,000 mentioned in the financial implications in the report as a maximum cost for the amendment of Council Tax records.

Councillor Reynolds, seconded by Councillor Charles, proposed:

“That recommendations 1-3 as set out in the report, be approved.”

Councillor Hartley, seconded by Councillor Metcalfe, proposed an amendment to recommendation 1:-

“That the creation of a Parish Council for Heysham is not supported pending further evidence, to be supplied to Council by interested parties, in the form of a petition from no less than 10% of residents.”

There was a long debate on the amendment before the Mayor called for a vote.

The amendment was carried with 30 votes for, 14 against and 4 abstentions. The amendment, plus recommendations 2 and 3, then became the substantive motion.

After a short debate, a vote was taken on the substantive motion, which was clearly carried.

Resolved:

(1)     That the creation of a Parish Council for Heysham is not supported pending further evidence, to be supplied to Council by interested parties, in the form of a petition from no less than 10% of residents.

(2)       That no further action is taken with regard to the merging of Yealand Redmayne and Yealand Conyers Parish Councils as part of this district wide review.

(3)       To agree the Order, appended to the report, for the amendment of the name of Thurnham Parish Council to Thurnham with Glasson Parish Council.

Referral from the Constitutional Working Group.

Councillor Whitehead presented a report of the Constitutional Working Group to Council, as the Chairman of the Group.

The report was an update on the work of the Group and sought Council’s agreement to the policy and approach set out in the appendices to the report.

Members asked a number of questions, which Councillor Whitehead responded to.

Councillor Whitehead, seconded by Councillor Hartley, proposed:

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

Councillor Brookes proposed an amendment, which was accepted by Councillors Whitehead and Hartley as a friendly amendment:-

“To add the words ‘on the understanding that the examples are not binding’ to recommendation 2.”

Councillor Hamilton-Cox then proposed an addendum:

“That a briefing be held for Councillors between now and the November 14 Council meeting.”

The addendum was accepted as a friendly addendum to the motion by Councillors Whitehead and Hartley.

A vote was then taken on the amended proposition, which was clearly carried.

Resolved:

(1)     That Council approves the approach to the review of the Constitution as set out by Bevan Brittan and the policy proposals recommended by the Council’s sub-committee.

(2)     That Council approves Appendix 1 of the report as key policy principles, on the understanding that the examples are not binding.

(3)     That Council approves the approach set out in the report of Bevan Brittan set out in Appendix 3 of the report.

(4)     That a briefing be held for Councillors between now and the November 14 Council meeting.

Referral from Personnel Committee.

Report to Follow.

Councillor Kershaw, Chairman of the Personnel Committee, presented the Committee’s report to enable Council to consider a revised Pay Policy Statement for 2018/19 for approval. Changes had been made to take account of the new senior management structure.

Councillor Kershaw responded to a number of questions from Councillors before proposing the recommendation set out in the report. Councillor Pattison seconded his proposal.

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

Resolved:

That the revised Pay Policy Statement for 2018/19 be approved, to take effect from 1 January 2019.

The Mayor adjourned the meeting at 7.45pm, reconvening at 7.55pm.

To consider the following motion submitted by Councillors Caroline Jackson, Dave Brooks and Tim Hamilton-Cox.

“Lancaster City Council notes that on 23 September 2015, this Council voted in favour of a motion that stated:

This council agrees to:

(a)        Oppose fracking in the Lancaster district, or fracking outside our district which could affect residents within our district, and call upon the Government to reconsider its policy of encouraging fracking. (Thereafter giving 3 clear and detailed environmental reasons for this opposition – see original motion);

(b)        Urge the Government to scrap proposals to remove responsibility for determining fracking planning applications from local councils.  (See original motion for more detail).

Additionally, this Council further notes that:

In May this year Ministers outlined a proposal in a Written Ministerial Statement to redefine non-hydraulic fracturing shale gas exploration applications as permitted development and to redefine large scale shale gas production sites as Nationally Significant Infrastructure Projects, thus removing any local authority control and community involvement in decision-making.

That on 5 July 2018, a report by the cross-party Housing, Communities and Local Government Committee warned the Government against its proposals concluding that Mineral Planning Authorities, i.e. Lancashire County Council, were best placed to understand the local area and how fracking could best take place. And that the above report also said the Nationally Significant Infrastructure Projects regime was unlikely to speed up the application process for fracking.

Lancaster City Council believes:

·                    It continues to support and promote its September 2015 resolution opposing fracking;

·                    That moving decisions about fracking, which have huge implications for local communities, to a national level contradicts the principles of localism;

·                    That ‘Permitted Development’ was designed for developments with low environmental impacts and is therefore not an appropriate category for drilling with such wide-reaching implications for local communities and climate change;

·                    That bringing fracking applications under the Nationally Significant Infrastructure Projects regime will be harmful to local communities; and,

·                    That local authorities are best placed to continue to make decisions throughout the planning process for shale gas exploration drilling, appraisal and production.

Lancaster City Council resolves:

1.            To respond to the forthcoming government consultation with these views.

2.            To share this response with Lancashire MPs and relevant government ministers.

3.            To reaffirm its policy commitment to “oppose fracking in the Lancaster district, or fracking outside our district which could affect residents within our district”.

4.            To embed this policy within our Climate Change policy and the Council Plan (see resolution 23 July 2018) and so to communicate this policy to our residents, other local authorities, partner agencies and contractors.”

An officer briefing note is attached.

(Having previously declared an interest in the following item in view of her position as a County Councillor on the Development Control Committee, Councillor Pattison left the Council Chamber at this point.)

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

“Lancaster City Council notes that on 23 September 2015, this Council voted in favour of a motion that stated:

This Council agrees to:

(a)        Oppose fracking in the Lancaster district, or fracking outside our district which could affect residents within our district, and call upon the Government to reconsider its policy of encouraging fracking. (Thereafter giving 3 clear and detailed environmental reasons for this opposition – see original motion);

(b)        Urge the Government to scrap proposals to remove responsibility for determining fracking planning applications from local councils.  (See original motion for more detail).

Additionally, this Council further notes that:

In May this year Ministers outlined a proposal in a Written Ministerial Statement to redefine non-hydraulic fracturing shale gas exploration applications as permitted development and to redefine large scale shale gas production sites as Nationally Significant Infrastructure Projects, thus removing any local authority control and community involvement in decision-making.

That on 5 July 2018, a report by the cross-party Housing, Communities and Local Government Committee warned the Government against its proposals concluding that Mineral Planning Authorities, i.e. Lancashire County Council, were best placed to understand the local area and how fracking could best take place. And that the above report also said the Nationally Significant Infrastructure Projects regime was unlikely to speed up the application process for fracking.

Lancaster City Council believes:

·                    It continues to support and promote its September 2015 resolution opposing fracking;

·                    That moving decisions about fracking, which have huge implications for local communities, to a national level contradicts the principles of localism;

·                    That ‘Permitted Development’ was designed for developments with low environmental impacts and is therefore not an appropriate category for drilling with such wide-reaching implications for local communities and climate change;

·                    That bringing fracking applications under the Nationally Significant Infrastructure Projects regime will be harmful to local communities; and,

·                    That local authorities are best placed to continue to make decisions throughout the planning process for shale gas exploration drilling, appraisal and production.

Lancaster City Council resolves:

1.            To respond to the forthcoming government consultation with these views.

2.            To share this response with Lancashire MPs and relevant government ministers.

3.            To reaffirm its policy commitment to “oppose fracking in the Lancaster district, or fracking outside our district which could affect residents within our district”

4.            A suitable form of wording to amend the Local Plan Policies to the effect that: ‘Any application for fracking should demonstrate a net zero impact on climate change.’ Officers may want to refer to Kirklees Council’s Local Plan which included wording to this effect and has been passed by the Planning Inspectorate.

An officer briefing note was  ...  view the full minutes text for item 57.

To consider the following motion submitted by Councillors Tim Hamilton-Cox, Caroline Jackson and Dave Brookes.

“This council notes that:

1) Among the four recommendations approved by full council on 20th December in connection with 'Advancing the Local Plan for Lancaster district', the second recommendation stated:

'[Full council] Delegates to the Chief Officer (Regeneration and Planning) the authority to make minor changes to improve the clarity, consistency and appearance of the documents and policies maps, and, insert additional illustrative or factual material prior to formal publication and submission.'

2)      The edition of the 'STRATEGIC POLICIES & LAND ALLOCATIONS DPD - PRE EXAMINATION (AUGUST 2018) presented to Planning Policy cabinet liaison group (PPCLG) at its meeting on 11th September, contained a significant number of 'suggested modifications' which were described variously as both 'minor' and 'main'.

3)      PPCLG 'is a non-decision making consultative forum' and therefore is not in a position to formally approve the suggested 'main' modifications on behalf of full council.

Accordingly, full council resolves to bring the edition of the 'STRATEGIC POLICIES & LAND ALLOCATIONS DPD', which is to be submitted to the public examination starting in January 2019, back to full council on 14th November. This will ensure that full council has an opportunity to debate the revised content, and to amend and approve the development plan document as necessary.”

An officer briefing note to follow.

Councillors Hamilton-Cox 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)      Among the four recommendations approved by full council on 20th December in connection with 'Advancing the Local Plan for Lancaster district', the second recommendation stated:

'[Full council] Delegates to the Chief Officer (Regeneration and Planning) the authority to make minor changes to improve the clarity, consistency and appearance of the documents and policies maps, and, insert additional illustrative or factual material prior to formal publication and submission.'

2)      The edition of the 'Strategic Policies and Land Allocations DPD’ – Pre-Examination (August 2018) presented to Planning Policy cabinet liaison group (PPCLG) at its meeting on 11th September, contained a significant number of 'suggested modifications' which were described variously as both 'minor' and 'main'.

3)      PPCLG 'is a non-decision making consultative forum' and therefore is not in a position to formally approve the suggested 'main' modifications on behalf of full council.

Accordingly, full council resolves to bring the edition of the 'Strategic Policies and Land Allocations DPD’, which is to be submitted to the public examination starting in January 2019, back to full council on 14th November. This will ensure that full council has an opportunity to debate the revised content, and to amend and approve the development plan document as necessary.”

An officer briefing note accompanied the motion.

There were a number of questions, which Planning Officers responded to.

After some debate, a vote was taken on the motion, which was clearly lost, with only 6 Members voting in favour.

To consider the report of the Chief Executive.

Report to Follow.

The Chief Executive had submitted a report to enable Council to designate an officer to be the Council’s Section 151 Officer with effect from 15 October 2018.

The Monitoring Officer responded to questions from a Councillor before Councillor Whitehead proposed the recommendations as set out in the report. Councillor Kershaw seconded the proposition.

There was a short debate before the Mayor called for a vote. The proposition was clearly carried.

Resolved:

(1)       That the newly appointed interim Head of Financial Services, Daniel Bates, be designated as the Council’s Section 151 Officer with effect from 15 October 2018, for the purposes of section 151 of the Local Government Act 1972.

(2)       That the net cost of the interim appointment (£38K) be met from the Budget Support Reserve.

To consider the report of the Monitoring Officer.

Council considered a report seeking approval to amend the Scheme of Delegation to Officers in the Council’s Constitution, in line with a recent resolution of the Personnel Committee.

Councillor Kershaw, seconded by Councillor Pattison, moved that the recommendations, as set out in the report, be approved.

There was no debate. The motion, when put the vote, was clearly carried.

Resolved:

(1)          That Council approves the recent delegations from the Personnel Committee to Line Managers, set out below:

That the

a) approval of non-contentious terminations of employment; and

b) determination of commencing salary for permanent or temporary posts

be delegated to Line Managers.

(2)          That Council authorises the Monitoring Officer to include these non-executive delegations in the Scheme of Delegation to Officers, contained within the Council’s Constitution.

Group Administrators to report any changes to Committee Membership.

The Mayor asked if any Groups wished to make changes to committee appointments.

Councillor Charles of the Conservative group proposed replacing Councillor Edwards with Councillor Peter Williamson on the Constitutional Working Group. Councillor Sykes seconded the proposal.

Councillor Clifford, of the Labour Group, proposed replacing Councillor Clift with Councillor Robinson on the Budget and Performance Panel. Councillor Pattison seconded the proposal.

There were no further changes. A vote was taken on the proposals, which were clearly carried.

Resolved:

(1)     That Councillor Edwards be replaced by Councillor Peter Williamson on the Constitutional Working Group; and

(2)     That Councillor Clift be replaced by Councillor Robinson on the Budget and Performance Panel.

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

(1)      Councillor Edwards to Councillor Blamire regarding Council spend on Consultants.

(2)      Councillor Barry to Councillor Kershaw regarding severance payments to an officer.

(3)      Councillor Hamilton-Cox to Councillor Burns regarding the high-speed broadband network bid.

(4)      Councillor Hamilton-Cox to Councillor Hughes concerning estimated cost of installing an additional CCTV camera.

(5)      Councillor Mace to Councillor Whitehead regarding prioritising competing projects.

(6)      Councillor Mace to Councillor Hanson regarding the right of Cabinet to spend large sums of money.

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

To receive the Minutes of Meetings of Cabinet held 7^th August and 4^th September 2018. 

Council considered the Cabinet minutes of the meetings held on 7 August and 4 September 2018. There were no questions.

Resolved:

That the minutes be noted.