Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 25 October 2022 (previously circulated). 

The minutes of the meeting held on Tuesday 25 October 2022 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. 

Councillor Caroline Jackson declared an interest with regard to the Lancaster Moor Conservation Area in view of the conservation area bordering land that she owned.  

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

(Cabinet Member with Special Responsibility Councillor Dowding)

Report of Director for Economic Growth & Regeneration

(Cabinet Member with Special Responsibility Councillor Dowding)

Cabinet received a report from the Director for Economic Growth & Regeneration that advised Cabinet of the proposals and the outcome of a consultation and sought approval for the making of a new designated Lancaster Moor Conservation Area.

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

The officer preferred option was option 1. In accordance with the LPA’s statutory duties and national policy, and having considered the responses to the public consultation, the LPA concludes that a conservation area designation for Lancaster Moor is retained, but with minor modifications to the conservation area boundary. As a consequence of these amendments, it is therefore recommended that the previous conservation area designation be rescinded and that a new conservation area designation be made under section 69 of the 1990 Act, based on the revised boundary map within Appendix 7 to the report.

Councillor Dowding proposed, seconded by Councillor Matthews:-

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

Councillors then voted:-

Having declared an interest in this item Councillor Caroline Jackson abstained during the vote.

Resolved:

(8 Members (Councillors Brookes, Dowding, Frea, Hamilton-Cox, Matthews, Thornberry, Whitehead & Wood) voted in favour, and 1 Member (Councillor Caroline Jackson) abstained.)

(1)             That the rescinding of the previous Lancaster Moor Conservation Area designation be approved, and approval be given to the making of a new designated Lancaster Moor Conservation Area.

Officer responsible for effecting the decision:

Head of Planning & Place

Reasons for making the decision:

Under Section 69 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990, the Council has a duty to consider which parts of the district comprise areas of special architectural or historic interest, the character and appearance of which it is desirable to preserve or enhance and designate those areas as conservation areas. The adopted Local Plan contains policies for the management of conservation areas in response to planning applications for the development of land and buildings.

Having considered all the responses to the consultation on the principle of the conservation area designation officers concluded that none of the responses and issues raised within them outweighed the justification for conservation area designation for Lancaster Moor although as a result of the consultation a minor boundary change (as proposed by residents) was deemed appropriate, on the basis that the properties in question form part of an infill of  ...  view the full minutes text for item 47.

(Cabinet Member with Special Responsibility Councillor Matthews)

Report of Head of Housing

(Cabinet Member with Special Responsibility Councillor Matthews)

Cabinet received a report from the Head of Housing that sought  to confirm the Shareholder Committee Terms of Reference for Morehomes for the Bay (Investments) Ltd and Morehomes for the Bay (Developments) Ltd.

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. By approving the Terms of Reference this allows for appropriate amendments to be made aligned to agreed processes as set out in the Shareholders Agreement.

Councillor Matthews proposed, seconded by Councillor Wood:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That the Morehomes for the Bay Shareholder Committee Terms of

Reference be approved.

Officer responsible for effecting the decision:

Head of Housing

Reasons for making the decision:

The decision is consistent with the rules set out in the Shareholders Agreement: Schedule 4 of the Agreement details the Terms of Reference for the Shareholders Committee – section 9 states ‘these Terms of Reference shall be reviewed at least annually, and any amendments shall be approved by the Council Cabinet.”

(Cabinet Member with Special Responsibility Councillor Matthews)

Report of Head of Housing

(Cabinet Member with Special Responsibility Councillor Matthews)

Cabinet received a report from the Head of Housing that sought to approve the inaugural Business Plan for Morehomes for the Bay (Investments) Ltd, jointly with Morehomes for the Bay (Developments) Ltd, as per the Companies’ Articles of Association.

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

The preferred option is ‘Option 1’ – that the Council’s Cabinet approve the inaugural joint Business Plan for Morehomes for the Bay (Investments) Ltd and Morehomes for the Bay (Developments) Ltd as detailed at Appendix 1 to the report. This would support the companies in having a working operational plan in how to conduct its’ business and lay down the parameters for bringing forward schemes in the future.

The report and associated Appendix outlined the requirements and need for a Business Plan and whilst there no schemes currently being put forward the documents outlined how schemes would be bought forward in the future.

Councillor Matthews proposed, seconded by Councillor Wood:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That Council’s Cabinet approve the inaugural Business Plan.

Officer responsible  ...  view the full minutes text for item 49.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Chief Executive & Section 151 Officer (report published on 30.11.22)

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Chief Executive and 151 Officer that provided members with an update on performance, projects, and resources during the first two quarters of 2022/23 (April – September 2022).

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

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 update on performance, projects, and resources for Quarter 2 2022/23 be noted.

(2)        That the use of the latest projected outturn figures to provide a mid-year reviewed budget position which will form the basis for future monitoring and outturn within 2022/23 be approved and referred to full Council for noting.

Officers responsible for effecting the decision:

Chief Executive

151 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.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Interim Head of Shared Service (report published on 30.11.22)

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Interim Head of Shared Services to enable Cabinet 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 2023/24.

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.

- 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 2022/23 has seen a slow decline in the number of residents receiving LCTS, which would reduce costs if the trend continues in the longer term. However, the cost-of-living crisis may result in an increased number of claims.

- 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 9,942 residents claim LCTS in the Lancaster district, reducing over the years from a high of 12,202 in April 2014. As pensioners make up 37.6% (3,735) of claimants, it means any cut in the level of support provided falls on the remaining 62.4% (6,207) of working age people on low incomes, reducing in numbers from (6,958) 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.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Chief Finance Officer  (Report published on 5 December 2022)

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Chief Finance Officer that provided an update on the Council’s Medium Term Financial Strategy forecasts for 2022/23 to 2027/28 and outlined the approach to balancing the budget.

As the report was for consideration no alternative options were put forward although Cabinet could make supplementary recommendations regarding any matters.

It was imperative that a thorough and detailed review of our cost base was undertaken through application of OBR and workshops had been held between Cabinet and Senior Leadership Team to explore initial proposals from the OBR task groups as well as a series of immediate actions to reduce spending in the current year.  This would have a particularly important part to play in driving down budget gaps from 2023/24 and beyond and in realising financial sustainability. The application of OBR across the Council would be a significant piece of work and would inevitably require an objective and sensitive approach and the Council had engaged external expertise to support this work.

The Council’s capital programme was being reviewed to reduce the revenue impact of MRP and interest charges whilst facilitating delivery of the Council’s priorities through areas such as investing to reduce cost. A comprehensive review of the Council’s reserves had been undertaken to provide improved financial resilience.

It was reiterated that the current forecasts did not include any interventions by Cabinet, Senior Leadership Team or the outcomes of the Local Government Settlement. However, the forecasts clearly highlighted potential annual and cumulative budget deficits over the next 5 years and the perilous position the Council now faced, a position shared nationally across the public sector. In light of this, balancing the budget both in the short and the medium term would be a tough task and all Members needed to work together and recognise that they would face a number of difficult but key decisions as part of the forthcoming budget over the coming financial years which would affect the manner in which the Council delivered its services.

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 noted, accepting that this was an interim position.

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

(3)                       That the Council Tax Base for 2023/24 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.

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 item(s) in private. 

Cabinet is recommended to pass the following recommendation in relation to the following item(s):- 

“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 paragraph 3 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following item(s) have been marked as exempt, 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 Wood:-

“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.”

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 Hamilton-Cox)

Report of Chief Executive  (Report published on 5 December 2022)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Executive which sought approval of capital spend to deliver a 4.8MW solar scheme on land at Burrow Back, South Lancaster and refer to Budget Council in February 2023.  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 Hamilton-Cox proposed, seconded by Councillor Frea:-

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

Councillors then voted:-

Resolved unanimously:

The resolution is set out in a minute exempt from publication by virtue of Paragraph 3 of Schedule 12A of the Local Government Act, 1972.

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The decision is consistent with the Council’s priorities.  Exactly how the decision fits with Council priorities is set out in the exempt minute.