Agenda and draft minutes

Council
Wednesday, 13th March 2019 6.00 p.m.

Venue: Morecambe Town Hall

Contact: Debbie Chambers, Democratic Services - telephone (01524) 582057 or email  dchambers@lancaster.gov.uk 

Items
No. Item

143.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors June Ashworth, Andrew Gardiner, Helen Helme, Brendan Hughes, Geoff Knight, Rebecca Novell, Elizabeth Scott, Oscar Thynne and Andrew Warriner.

144.

DECLARATIONS OF INTEREST

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. 

 

Minutes:

There were no declarations of interest made at this stage.

145.

ANNOUNCEMENTS

To receive any announcements which may be submitted by the Mayor or Chief Executive.  

Minutes:

The Mayor reminded Councillors that he would be holding a charity quiz night on Friday 29th March at Lancaster Town Hall commencing at 7.00pm. Tickets were on sale from the Mayor’s Office.

 

Regarding the order of agenda items, the Mayor explained that he would take items up to and including item 7, the Leader’s report, then the Local Plan item. After dealing with the Local Plan item, he intended to adjourn the meeting to allow all Councillors to attend a briefing about the Constitution Review in the Committee rooms upstairs, before returning to the Chamber to re-convene to deal with the Constitution item.

146.

QUESTIONS FROM THE PUBLIC UNDER COUNCIL PROCEDURE RULE 11

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. 

Minutes:

147.

PETITIONS AND ADDRESSES

To receive any petitions and/or addresses from members of the public which have been notified to the Chief Executive in accordance with the Council's Constitution. 

Minutes:

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

148.

LEADER'S REPORT pdf icon PDF 71 KB

To receive the Cabinet Leader’s report on proceedings since the last meeting of Council. 

Minutes:

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 and promised a written response to Councillor Brookes regarding the accuracy of the figures of £8 billion and £1.8 million at the top of page 2, which appeared to give the project an extremely lengthy payback period.

 

Resolved:

 

That the report be noted.

149.

Local Plan for Lancaster District 2011 – 2031: The Adoption of the Arnside & Silverdale Area of Outstanding Natural Beauty Development Plan Document pdf icon PDF 112 KB

Report of the Director for Economic Growth and Regeneration

 

Members please note that there are colour copies of the DPD and appendices  in the Members rooms, but they have not been printed off with the agenda. If you would like a copy printing, please phone Democratic Support.

Additional documents:

Minutes:

Council considered a report of the Director for Economic Growth and Regeneration seeking adoption of the Arnside and Silverdale Area of Outstanding Natural Beauty (AONB) Development Plan Document (DPD) as part of the Local Plan for Lancaster District 2011-2031.

 

Councillor Goodrich and Councillor Hanson both expressed their thanks to Officers for all the work they done to bring the plan together.

 

Councillor Hanson, seconded by Councillor Blamire proposed:

 

(1)          That the Council adopts the Arnside & Silverdale Area of Outstanding Natural Beauty (AONB) Development Plan Document (DPD), appended to the report, as part the Local Plan for Lancaster District 2011–2031; and

(2)          That the necessary measures are undertaken to publicise its adoption in accordance with national legislation.

 

There was no debate. The Mayor called for a vote and the proposition was carried unanimously.

 

Resolved unanimously:

 

(1)          That the Council adopts the Arnside & Silverdale Area of Outstanding Natural Beauty (AONB) Development Plan Document (DPD), appended to the report, as part the Local Plan for Lancaster District 2011–2031; and

(2)          That the necessary measures are undertaken to publicise its adoption in accordance with national legislation.

 

(Council adjourned at 6.30pm for an informal briefing session

in advance of the next item, the Constitution Framework 2019. Council

re-convened at 7.45pm.)

 

 

 

150.

Constitution Framework 2019 pdf icon PDF 82 KB

Report of the Constitution Sub Committee

 

Additional documents:

Minutes:

The Chairman of the Constitution Working Group, Councillor Whitehead, introduced the Working Group’s report providing a draft Constitution for approval in principle. The intention was to present a final draft to Council for approval on 10 April 2019.

 

Councillor Whitehead and the Monitoring Officer responded to a number of questions from Councillors.

 

Councillor Whitehead, seconded by Councillor Mace, proposed:

 

“That:

 

(1)       The draft constitution be approved in principle.

 

(2)       The draft constitution be converted to the full web based digital format.

 

(3)       The Constitution Working Group finalise any extant issues to include minor adjustments and potential changes not yet approved by the Working Group.

 

(4)       The Monitoring Officer be delegated authority to correct and amend any minor typographical, editing or text errors.”

 

There was debate on the proposals before Councillor Burns proposed an amendment to the draft constitution, seconded by Councillor Denwood:

Part 1, paragraph 4.2 - Replace "The Council has decided that it will re-elect the Leader of the Council every two years, rather than every four years. This is subject to a Leader resigning or being disqualified from office as a Councillor or a vote of Full Council to remove the incumbent, which may happen before the end of the two year term." with "The Council has decided that it will re-elect the Leader of the Council every four years. This is subject to a Leader resigning or being disqualified from office as a Councillor or a vote of Full Council to remove the incumbent, which may happen before the end of the four year term."

Part 2 Section 2, paragraph 1.2.2 - Replace "two years" with "four years"

Part 2 Section 4, paragraph 7.1 - Replace "two year" with "four year" and 7.2.4 replace "two years after the term begins, when the position of Leader is elected by simple majority for the next two years" with "four years after the term begins, when the position of Leader is elected by simple majority for the next four years"

The requisite number of Councillors called for a recorded vote on the amendment under Council Procedure Rule 19.4.

 

The votes were recorded as follows:

 

For the amendment:

Councillors Blamire, Brown, Bryning, Burns, Clifford, Clift, Cozler, Denwood, Devey, Hanson, Kershaw, Leyshon, Metcalfe, Pattison, Redfern, Rivet, Sands, Whitaker and Whitehead. (19)

 

Against the amendment:

Councillors Barry, Biddulph, Brayshaw, Brookes, Edwards, Frea, Goodrich, Guilding, Hall, Hamilton-Cox, Hartley, Caroline Jackson, Joan Jackson, Kay, Mace, Mills, Parkinson, Parr, Reynolds, Robinson, Rogerson, Sykes, Thomas, Wild, Peter Williamson, Phillippa Williamson and Yates. (27)

 

Abstentions:

Councillors Betts-Patel and Cooper. (2)

 

Councillor Barry then proposed an amendment to the draft constitution regarding ‘friendly amendments’ to reflect current practice:

 

“That only the proposer and seconder of a motion need to agree about whether the amendment is deemed a friendly amendment.”

 

Councillor Whitehead accepted this as a friendly amendment.

 

Councillor Caroline Jackson then proposed an amendment to Questions on Motions, Page 83 of the draft constitution, paragraph 15.5, which was accepted by Councillor Whitehead as a friendly amendment:

 

“That the  ...  view the full minutes text for item 150.

151.

APPOINTMENTS AND CHANGES TO COMMITTEE MEMBERSHIP

Group Administrators to report any changes to Committee Membership.  

 

Minutes:

There were no appointments or changes to committee memberships.

152.

QUESTIONS UNDER COUNCIL PROCEDURE RULE 12 pdf icon PDF 83 KB

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. 

Minutes:

The Mayor advised that six questions had been received by the Chief Executive in accordance with Council Procedure Rules as follows:

 

(1)      Councillor Kershaw to Councillor Clifford regarding assistance for The Dukes.

(2)      Councillor Kershaw to Councillor Clifford regarding the benefits The Dukes brings to the district.

(3)      Councillor Parr to Councillor Warriner regarding home adaptations.

(4)      Councillor Parr to Councillor Clifford regarding electrification of the Council’s vehicle fleet.

(5)      Councillor Hamilton-Cox to Councillor Whitehead regarding commercial property expenditure in 2019/20.

(6)      Councillor Hamilton-Cox to Councillor Whitehead regarding climate change considerations and the electricity supply contract.

 

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