Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 28 February 2023 (previously circulated). 

The minutes of the meeting held on Tuesday 28 February 2023 were approved as a correct record.

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

The Leader advised that she had agreed to an item of urgent business and that this would be considered in the private part of the meeting as the report was exempt by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972.

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.

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

Report of Chief Executive   (report published on 8.3.23)

(Cabinet Member with Special Responsibility Councillor)

Cabinet received a report from the Chief Executive that proposed the principles, structure and outline plan for the Outcomes-Based Resourcing (OBR) programme in 2023-24 to pursue an outcomes-focused approach whilst achieving sustainable long-term financial and resourcing stability.

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. Pursuing the OBR programme will enable an outcomes-focused approach to the district’s success, whilst delivering sustainable long-term financial and resource stability.

Councillor Caroline Jackson proposed, seconded by Councillor Dowding:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet approves the delivery of the Outcomes-Based Resourcing (OBR) programme based on the principles and outline structure set out in the report, along with the outline Programme Plan set out in Appendix A to the report.

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

The Outcomes-Based Resourcing programme represents the council’s plan for successfully delivering positive outcomes for the Lancaster district whilst achieving long-term financial and resourcing sustainability for the council. As such, this report contributes to each of the council’s strategic Priorities as set out in its core Plan 2030.

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 Dowding and seconded by Councillor Heath:-

“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 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 Members with Special Responsibility Councillors Hamilton-Cox & Matthews)

Cabinet received a report from the Head of Housing, and Head of Property, Investment, and Regeneration to consider the next steps for engagement in a private sector-led regeneration proposal and approval to bid for Brownfield Land Release Fund Round 2.  The report was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972.

The Chair of Overview & Scrutiny had agreed to the item being considered via Special Urgency in accordance with Rule 15 of the Access to Information Rules.

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 Cary Matthews:-

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

Councillors then voted:-

Resolved unanimously:

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

Officers responsible for effecting the decision:

Head of Housing, and Head of Property, Investment, and Regeneration

Reasons for making the decision:

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

(Cabinet Member with Special Responsibility Councillors Hamilton-Cox & Matthews)

Report of Head of Property, Economic Growth & Regeneration  (report published on 13.3.23)

(Cabinet Members with Special Responsibility Councillors Hamilton-Cox & Matthews)

Cabinet received a report from the Head of Housing, and Head of Property, Investment, and Regeneration to update on previous agreed actions and consider next steps in progressing the early phase Canal Quarter housing proposals.  Whilst the report was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972 with the agreement of the meeting the Leader requested that the recommendations be included in the public minute, unless commercially sensitive.

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 Cary Matthews:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That Officers progress to the tender stage of the preferred developer competition to assess proposals from the short-listed parties interested in promoting a housing scheme for the Nelson Street site.

(2)        That Tender documentation / developer prospectus is issued to the shortlisted parties, detailing the council’s specific conditions, aspirations, and objectives for the development.

(3)        That the specific conditions include the requirement that the completed development must achieve at least a minimum 75% reduction in carbon emissions against Part L of the Building Regulations 2013.

(4)        That proposals are assessed by officers against the balanced scorecard of price (offer) / quality / social value factors.

(5)        That Officers report on the outcome of the tender phase and recommend a preferred proposal / Preferred Developer Partner (PDP) to Cabinet.

(6)        That authority to offer the PDP an exclusivity period and move on to finalise the formal development agreement with the council is made by Cabinet following consideration of the tender phase report.

(7)      Resolution 7 is set out in a minute exempt from publication by virtue of  paragraph 3 of Schedule 12A of the Local Government Act, 1972.

Officers responsible for effecting the decision:

Head of Housing, and Head of Property, Investment, and Regeneration

Reasons for making the decision:

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

(Cabinet Members with special responsibility Councillors Brookes & Frea)

Report of Chief Executive  (report published on 8.3.23)

In accordance with the Scheme of Delegation to Officers (Part 2, Section 7 – Delegations to the Chief Executive Matters of Urgency) the Chief Executive submitted a report to Cabinet with details of an urgent decision taken under Rule 15 following consultation with the Leader, relevant portfolio holders and with the agreement of the Chair of Overview & Scrutiny.  The decision which was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972 was with regard to the acceptance of grant award money.  Details of the urgent decision including the circumstances which made the action necessary were set out in the exempt report.  The Chief Executive responded to several questions.

It was agreed that Cabinet’s support for the decision should be reflected in the resolution.

Resolved unanimously:

That Cabinet notes and supports the decision taken as a matter of urgency by the Chief Executive in accordance with the Constitution, as detailed in the exempt report.