Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 26 October 2021 (previously circulated). 

The minutes of the meeting held on Tuesday 26 October 2021 were approved as a correct record.

The Chair advised that there were no items of urgent business.

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 were made at this point.

Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.

The Chair advised the meeting of a revision to the order of the agenda with the exempt items being considered first so as not to unnecessarily detain the officers who were in attendance for those items. 

This is to give further notice in accordance with Part 2, paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following items in private. 

Cabinet is recommended to pass the following recommendation in relation to the following items if it is necessary to refer to the exempt appendices:- 

“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(s) of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraphs 1,2 or 3 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following items are exempt or contain exempt appendices, it is for Cabinet itself to decide whether or not to consider each of them 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. 

It was moved by Councillor Hamilton-Cox and seconded by Councillor Whitehead:-

“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 items 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 then voted as follows:-

Resolved unanimously:

(1)        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. 

(Cabinet Member with Special Responsibility Councillor Matthews)

Report of Director for Communities & the Environment

(Cabinet Member with Special Responsibility Councillor Matthews)

Cabinet received a report from the Director for Communities & the Environment that sought in principle support from Members for the acquisition of the redundant former Skerton High School subject to full due diligence and sought to negotiate terms of purchase with Lancashire County Council for subsequent approval. The acquisition of the school site would play an important component opportunity as to how best to deliver a comprehensive regeneration proposal for the Mainway estate for which a detailed option report is being finalised.  Whilst the report was public the appendices were exempt.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

The officer preferred option is Option 1. This is the only option that gives the Council control over the wider site and allows the Council the opportunity to then influence the significant social, environmental and economic gains possible. It has  ...  view the full minutes text for item 50.

(Cabinet Member with Special Responsibility Councillor Lewis)

Report of Director of Corporate Services

(Cabinet Member with Special Responsibility Councillor Lewis)

Cabinet received a report from the Director of Corporate Services that sought decisions on the future provision of transport and staffing for the Mayor, including the possible sale of the Council’s L50 numberplate. The report also provided an update for Cabinet on the competition bid for Lord Mayor status.  The report was public with an exempt appendix.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

The options are not exhaustive. They illustrate three approaches that are feasible and may help with decision-making around the number plate, chauffeuring, security of chains and support for the Mayor at events.

The officer preferred option from the three above is to try Option 3 in the first instance as the contract option has worked well in the past. It is not possible to predict how much interest there may be in the contract until it is advertised. The chains must be suitably secured, however  ...  view the full minutes text for item 51.

(Cabinet Member with Special Responsibility Councillor Dowding)

Report of Director of Economic Growth & Regeneration (report published on 1^st December 2021)

(Cabinet Member with Special Responsibility Councillor Dowding)

Cabinet received a report from the Director for Economic Regeneration & Growth which sought approval to decisions affecting the Council’s land and assets in and around the Grand Theatre, including a lease disposal to the Lancaster Footlights necessary to support delivery of the Grand foyer extension which, together with external improvements, was identified as a key project within the Lancaster High Streets Heritage Action Zone programme.  The report was exempt from publication by virtue of Paragraph 3 of Schedule 12A of the Local Government Act, 1972.

The options, options analysis, including risk assessment and officer preferred option, were set out in the exempt report.

Councillor Dowding proposed, seconded by Councillor Hamilton-Cox:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet authorise the leasehold disposal of land fronting St Leonard’s Gate, Lancaster to the Lancaster Footlights for 125 years and authorise the Director for Economic Regeneration and Growth to negotiate and agree upon the form of lease and complete the same subject to communication with the Portfolio Holder.

(2)             That approval be given for  the Director for Economic Regeneration and Growth to secure the relevant necessary building demolitions surrounding the Grand to enable a construction start by the Grand in summer 2022, using the budgets identified in this report and that the Capital Programme be updated accordingly.

(3)             That officers develop public realm design proposals for the wider area around the Grand Theatre, fitting to the Canal Quarter Spatial Regeneration Framework.

Officer responsible for effecting the decision:

Director for Economic Regeneration& Growth

Reasons for making the decision:

The decision is consistent with the Council Plan.  The city’s ambitions for the area are best articulated through the draft Canal Quarter Spatial Regeneration Framework (SRF) (Feb. 2021) for a vibrant, sustainable and active Canal Quarter served by areas of new public open space and where contemporary development and hidden heritage can combine. Core relevant principles of the SRF include:

·        Connectivity and Movement: improving integrated movement, retaining what is distinctive about the existing street pattern, enabling legibility and influencing strategic connectivity and movement across the city

·        Approach to Public Open Space – delivery of an area-wide active, safe and legible public realm and open space hierarchy and network enhancing and maximising the relationship between the city centre and the canal

·        Embracing Heritage: respecting the rich built heritage of the Canal Quarter, which reflects its historical evolution and contributes so heavily to its positive identity and appeal.

As a significant land and building owner within this area, the council is well-placed to take a pro-active lead in delivering or enabling the ambitions set out within the above programmes. This enables delivery of development that is sympathetic to and involves putting heritage assets into good repair and beneficial use and that improves the setting of these and their relationship with the wider city centre and planned redevelopment sites. It further helps secure and enhance a significant and long- standing  ...  view the full minutes text for item 52.

The press and public were re-admitted to the meeting at this point.

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

Report of Director for Communities & the Environment

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

Cabinet received a report from the Director for Communities and the Environment which sought Cabinet approval for the introduction of a Public Space Protection Orders (PSPO) in relation to various types of anti-social behaviour for a period of three years. The proposed PSPO would cover Lancaster City Centre, Morecambe, Lower Heysham, Happy Mount Park and Williamson Park.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

Councillor Caroline Jackson proposed, seconded by Councillor Matthews:-

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

At this point the Chief Executive confirmed that he was minded to waive call-in on this item and had consulted with the Chair of Overview & Scrutiny in order that the decision could be implemented without delay.

Councillors then voted:-

Resolved unanimously:

(1) That the Public Space Protection Orders (PSPOs) are made to cover the designated areas as set out in the appendices appended to the report.

(2)  That it be noted that the Chief Executive had agreed to waive call-in on this item and had consulted with the Chair of Overview & Scrutiny prior to the meeting in order that the decision could be implemented without delay.

Officers responsible for effecting the decision:

Chief Executive

Director for Communities & the Environment

Reasons for making the decision:

The decision is consistent with the Council Plan :

·        Healthy and Happy Communities - Keeping our district’s neighbourhoods, parks, beaches and  ...  view the full minutes text for item 53.

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

Report of the Chief Executive

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

Cabinet received a report from the Chief Executive that provided an update on Cabinet’s strategic planning activity and Cabinet were requested to refer the ‘Core’ Plan 2030 content to Council for adoption as part of its Policy Framework.  If adopted, the ‘Core’ Plan 2030 content would supersede the Priorities agreed by Council in January 2020. The high-level ‘Core’ Plan would form the heart of the Council’s Policy Framework, informing its strategic and financial decision-making. Further development activity would then be undertaken to develop a comprehensive Plan, which would be recommended to Council for adoption into the Policy Framework.

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

The recommended option is to proceed with referring the ‘Core’ Plan to Council (Option 1), and subsequently developing a comprehensive strategic plan.

Councillor Caroline Jackson proposed, seconded by Councillor Lewis:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That the ‘Core’ Strategic Plan be referred to Council to consider adopting as the basis for its Policy Framework.

(2)        That subject to the adoption of the ‘Core’ Plan by Council, Cabinet agrees to pursue the development of a comprehensive Plan alongside local partners, stakeholders and communities.

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

Cabinet has developed the Priorities, Strategy, Outcomes, and Principles, which collectively are described as the ‘Core’ Plan 2030 which is considered to be a key pillar for achieving the Council’s strategic goals. Adopting the ‘Core’ Plan will provide a platform for further development of a comprehensive plan, including a substantial degree of engagement, consultation, and partnership.

(Cabinet member with Special Responsibility Councillor Whitehead)

Report of Director of Corporate Services

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Director of Corporate Services that provided an update on performance, projects, and resources during the first two quarters of 2021/22 (April – September 2021).

No options were provided as the report was for comment and noting.

Resolved unanimously:

(1)             That the update on performance, projects and resources for Quarter 2 2021/22 be noted.

Officer responsible for effecting the decision:

Director of Corporate Services

Reasons for making the decision:

Performance, project, and resource monitoring provides a link between the Council Plan and operational achievement, by providing regular updates on the impact of operational initiatives against strategic aims.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Director of Corporate Services

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Director of Corporate Services that set out the Council’s proposed Capital Investment Strategy for consideration by Budget & Performance Panel and ultimately the Council. 

Capital investment, via the Council’s reserves or borrowing, played a key role in strategic projects and initiatives for the success of the Lancaster district, as well as transforming and optimising the Council’s services to its residents. The proposed Capital Investment Strategy contained at Appendix A to the report, set out the relevant context and a proposed framework to support the Council’s approach to capital investment over the medium term. The strategy aligned capital investment to the Council’s four overall priorities and proposed a consistent ‘lifecycle’ for the development and delivery of capital investment activities, including the transparent, accountable democratic decision process. The strategy also set out the proposed approach to risk management as well as the monitoring and evaluation of capital projects.

Cabinet was requested to refer the Strategy to the Budget and Performance Panel for their comments and would have the opportunity to consider any comments made by the Budget & Performance Panel prior to referring the draft strategy to Council for adoption.

Councillor Whitehead proposed, seconded by Councillor Lewis:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That the draft of the Capital Investment Strategy (Appendix A) to the report and the Terms of Reference for the Capital Assurance Group (Appendix B) to the report be sent to Budget & Performance Panel for review .

(2)             That an updated version, taking account of comments received, then be considered by Cabinet prior to being recommended for adoption by Full Council into the Budget & Policy Framework.

Officer responsible for effecting the decision:

Director of Corporate Services

Reasons for making the decision:

Capital and Investment Strategies form part of the Budget Framework and their adoption is a function of Full Council.  The decision enables the Budget & Performance Panel to comment on the strategy prior to referral to Council for adoption.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of the Head of Shared Service

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Head of Shared Service to consider the existing Localised Council Tax Support (“LCTS”) Scheme and the options available, ahead of formal consideration and approval by Council for application in 2022/23. Cabinet’s views were sought as to whether to retain the existing Localised Council Tax Support Scheme for 2022/23 (Option 1) subject to future consequential minor amendments following changes in housing benefit rules; or whether to amend it to reduce entitlement. (Option 2). 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

The challenge for the Council is to adopt a scheme that fits with its ambitions and priorities and is considered fair, deliverable and affordable, given statutory obligations and competing pressures for resources. Council is presented with two basic options:

Option 1: Retain the existing Localised Council Tax Support (LCTS) scheme, subject to minor consequential amendments to match changes in Housing Benefit rules.

- The existing scheme is considered soundly structured and works well, and offers maximum support for low income families, who may otherwise find themselves in mounting debt.

 - The current forecast assumes the continuation of the existing LCTS system and as such, maintaining current levels of support would normally have no impact on the Council’s financial forecast. However, costs have increased in recent years with increased take-up due to Covid-19, although 2021/22 has seen a slow but steady decline in the number of residents receiving LCTS, which should reduce costs if the trend continues in the longer term.

- Retaining existing policy principles of keeping various positive entitlement provisions for LCTS in line with other key welfare benefits promotes equality.

Option 2: Make changes to the existing Localised Council Tax Support (LCTS) Scheme to reduce benefit entitlement for working age claimants.

- Currently 10,779 residents claim LCTS in the Lancaster district, reducing over the years from a high of 12,202 in April 2014. As pensioners make up 35.5% (3,821) of claimants, it means any cut in the level of support provided falls on the remaining 64.5% (6,958) of working age people on low incomes, reducing in numbers from (7,253) in the previous year.

- A reduction in the levels of support provided could arguably provide claimants with further incentives to work, reducing their reliance on benefits, although the jobs market is particularly uncertain at this difficult time.

- This option will have greater adverse financial impact on working age households, but would help protect other Council services by requiring less savings to be made by them.

- If levels of support are reduced, the Council would be tasked with the difficulty of collecting this debt from the more vulnerable members of our society, increasing workloads and costs associated with council tax recovery.

- Additional costs associated with developing new scheme options, consultation exercise, legal changes to scheme etc.

The Council’s existing LCTS scheme works well in terms of providing support, but at a  ...  view the full minutes text for item 57.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Chief Financial Officer   (report published on 7 December 2021)

Cabinet received a report from the Chief Finance Officer that provided an update on the Council’s general budgetary position for current and future years. Given that at the time of writing, the Local Government Settlement had not been announced, and other budgetary work was not yet scheduled for completion, the report was an interim update only primarily for information.  As the report was for consideration no alternative options were put forward although Cabinet could make supplementary recommendations regarding any matters.

It should be noted that this forecast was subject to change when more up to date information became available and did not reflect the ongoing work being done by Cabinet and Executive Management Team to develop savings and growth proposal, nor did it reflect the revenue impact of any revisions to the capital programme. It set a baseline position without any further interventions in the Budget setting process. The interventions and actions being planned included:

- A short term range of savings and growth (invest to save) actions aiming to significantly reduce the 22/23 budget gap, to be brought forward in the upcoming Budget and Policy Framework;

 - A mid-term Outcomes-Based Resourcing project to realign our expenditure with core duties and priorities; and

- A comprehensive review of our employment base, debt financing, asset base and related policies and processes.

Councillor Whitehead proposed, seconded by Councillor Hamilton-Cox:

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

Councillors then voted.

Resolved unanimously:

(1)             That the draft future years estimates as set out in the report as the latest information available be accepted  as an interim position.

(2)             That the update be referred on to December Council for information.

(3)             That the Council Tax Base for 2022/23 as set out in paragraph 3.12 of the report be noted.

Officer responsible for effecting the decision:

Chief Finance Officer

Reasons for making the decision:

Performance, project, and resource monitoring provides a link between the Council Plan and operational achievement, by providing regular updates on the impact of operational initiatives against strategic aims.