Decisions

At this point Cabinet returned to the debate had had been suspended as detailed in Minute 64.

The recommendations as set out in the report had been proposed by Councillor Hanson and seconded by Councillor Sinclair.

By way of an amendment, Councillor Hamilton-Cox proposed and Councillor Brookes seconded:

“That the following additional recommendations be approved:

(1) Given both the overarching context of the climate emergency and the uncertainty over funding cabinet asks for the AAP and masterplan to be advanced on the basis that the Galgate bypass and connecting road infrastructure may or may not progress.

(2) Given the substantial infrastructure costs of developing new settlements, cabinet asks that the initial work of the AAP should include detailed viability assessments of phases of development.

(3) Given the crucial importance of maintaining and improving biodiversity, cabinet asks that the AAP and masterplan are advanced so as to avoid planned development impacting on the Lancaster canal and adjacent ancient woodland biological heritage sites.”

Councillors then voted on the amendment as follows: -

(3 Members (Councillors Brookes, Hamilton-Cox and Jackson) voted in favour, 6 Members (Councillors Frea, Hanson, Lewis, Parr, Sinclair & Whitehead) voted against whereupon the Chair declared the amendment to be lost.

Cabinet then voted on the original proposition.

Resolved unanimously:

(1)        That Cabinet formally endorses the commencement of work on the statutory stages of preparing the Lancaster South Area Action Plan in accordance with the commitment described in the adopted Local Plan for Lancaster District and the timetable provided in the Lancaster District Local Development Scheme as approved by Council on 29 July 2020.

(2)        That Cabinet authorises officers to commence with the projects as set out in the report.

Officer responsible for effecting the decision:

Director for Economic Growth and Regeneration

Reasons for making the decision:

The Local Development Plan and Development Plan Documents are part of the Council’s Policy Framework. The Council is obliged to prepare and maintain the Development Plan for Lancaster District as described by Section 19 of the Planning and Compulsory Purchase Act 2004. A “Local Plan for Lancaster District”, specifically, the Strategic Policies & Land Allocations Development Plan Document and the Review of the Development Management Development Plan Document, was adopted by Council on 29 July 2020. The Local Plan and the adopted Local Development Scheme commit the Council to preparing an AAP for Lancaster South.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Chief Executive that proposed a Capital Investment Strategy for 2020-21 to 2024/25, to cover all capital investments made by the Council.  The Strategy reflected the aspirations of Council’s Funding the Future, and the Medium-Term Financial Strategies.

The proposed Capital Investment Strategy was designed to cover all the Council’s capital investments from 2020-21 to 2024-25, including projects and schemes that support:

·      Economic Regeneration

·      Delivery of a Social Return, for example Housing

·      Income Generation including Property Investment

·      Carbon Zero + Initiatives that address the Climate Emergency

·      Operational Service Delivery

Whilst the Council delivered significant value in our district through its ongoing operations, capital investment provided the opportunity to deliver further long-term, sustainable outcomes in each of those areas.  The Strategy proposed outcome targets against each of the workstreams listed above, underpinned by the processes, skills and capacity, and monitoring through which desired outcomes could be delivered.

Councillor Whitehead proposed, seconded by Councillor Hanson:-

“That Cabinet recommends that this draft of the Capital Investment Strategy and the associated appendices included at Appendix A be sent to the Budget & Policy Panel for review. An updated version taking account of comments received should be considered by Cabinet, prior to being recommended for adoption by Full Council into the Budget & Policy Framework.”

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet recommends that this draft of the Capital Investment Strategy and the associated appendices included at Appendix A be sent to the Budget & Policy Panel for review. An updated version taking account of comments received should be considered by Cabinet, prior to being recommended for adoption by Full Council into the Budget & Policy Framework.

Officers responsible for effecting the decision:

Chief Executive

151 Officer

Reasons for making the decision:

The proposed Capital Investment Strategy supports the Medium-Term Financial Strategy.   Capital and Investment Strategies form part of the Budget Framework and their adoption is a function of Full Council.  The Council’s Constitution requires that when a new or existing strategy is being considered, the Overview and Scrutiny Committee or Budget and Performance Panel have an opportunity to comment. If it considers it appropriate, Cabinet may then amend its proposals before submitting them to Council for consideration. The Budget and Performance Panel will have the opportunity to comment on the proposals at its meeting on 10 November 2020.

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Director for Economic Growth and Regeneration that sought endorsement for the formal commencement of the Lancaster South Area Action Plan (AAP) Development Plan Document (DPD) Plan.

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

Councillor Hanson proposed, seconded by Councillor Sinclair:-

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

At this point the Chair advised the meeting that the public speaker had been able to join the meeting and with the agreement of the meeting the debate was suspended to enable Mr Johnson to address Cabinet.  The Chair also confirmed a further revision to the order of the agenda with the BID report being considered immediately after Mr Johnson’s address so as not to detain him unnecessarily.

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Director for Economic Growth and Regeneration that related to the proposed designation of a conservation area for part of Slyne Road, Skerton, Lancaster. The report informed Cabinet of the outcome of a consultation on the proposals and recommended that Cabinet approved the designation.

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.

Councillor Hanson proposed, seconded by Councillor Brookes:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet approve the designation of a conservation area for the area in question.

Officer responsible for effecting the decision:

Director for Economic Growth and Regeneration

Reasons for making the decision:

Under section 69 of the Town and Country Planning (Listed Building and Conservation Area) Act 1990, the Local Planning Authority has a duty to consider which parts of their area are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate those areas as conservation areas. Our Local Plan contains policies for the management of conservation areas in response to planning applications for development.  The area in question provides a distinctive and attractive approach to the city, similar to the Greaves Road Conservation Area to the south of the city centre. Although some modern development has undoubtedly left its mark on the area, it remains of special architectural and historic interest and is therefore worthy of designation.

This report considers an investment regeneration opportunity within the district.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Director for Economic Growth and Regeneration which provided context and information for the endorsement of proposals for a Lancaster Business Improvement District (BID) Renewal Ballot (closing on 11th February 2021) as required by statutory provisions. The report updated Members on the pre- and post- ballot issues and resource implications in relation to the city council’s role in the BID renewal process.

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

On submission of a Final Renewal Proposal the local authority is obliged to endorse the BID proposal and approve it to go forward to a ballot if it meets the defined regulatory and policy tests. The draft proposals provide a good indication of whether it is likely the council needs to use its veto powers.

The draft proposals do not conflict with any published council polices and a successful BID will continue to actively support the council’s corporate objectives particularly in the areas of Economic Growth, Clean Green & Safe Places and Community Leadership. The work of Lancaster BID in canvassing opinion and consultation appear to show a good level of support for the way the BID proposals have been shaped.

The amount of prior discussion between the BID proposer and the local authority before submitting the BID draft proposals to the authority has been sufficient and it is expected consultation will continue up to the submission of final proposals. The costs incurred and due in developing BID proposals, canvassing and balloting have been allowed for within the BID’s current budget.

There are no advantages in holding over on endorsement pending Final Proposals (Option 1) and officers consider there are no material alterations required (Option 3). The preferred Option is therefore Option 2, to endorse the draft Renewal Proposals. It follows that an appropriate level of delegated authority is required to ensure the outstanding matters are addressed and so that final proposals can be approved to move forward to ballot. As these issues are mainly technical and operational it is recommended this be undertaken through delegated decision by the Chief Executive.

Members should note the city council will continue to be liable for the levy on rateable property it occupies/holds should a ballot be successful (refer to Financial Implications). As a potential levy payer the council is eligible to vote in a ballot. There are no statutory rules on how individual local authorities treat this. Cabinet has previously escalated the voting decision to Full Council (who have previously considered a report prior to the voting period), and officers have anticipated the continuation of this arrangement.

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

“That the recommendations, as set out in the report, be approved with a further recommendation assuming that the other recommendations were approved, that Cabinet asks full Council to determine which way the Council will vote in the forthcoming ballot in accordance with previous precedent.”

In response to the additional recommendation the Monitoring Officer suggested that further clarification was necessary, and the Chair suspended the meeting for 10 minutes to enable the Monitoring Officer to provide advice on this issue.  The meeting reconvened at 19.25 when the Monitoring Officer advised that there was no reason for the decision to be put to full Council as the decision was an Executive decision.

Following on from the Monitoring Officer’s advice Councillor Hamilton-Cox moved the recommendations as set out in the report, with a revised recommendation (4): “that Cabinet supports a ‘yes’ vote in the forthcoming BID renewal ballot.”

Councillors then voted:-

Resolved unanimously:

(1)     The draft Renewal Proposals for Lancaster Business Improvement District (BID) Renewal Ballot are agreed as being in compliance with the statutory requirements and are not in conflict with the council’s corporate policy framework.

(2)   That approval of Lancaster BID final Renewal Proposals and the issue of an  instruction to proceed to ballot is delegated to the Chief Executive.

(3)    That the current Operating Agreement and Baseline Agreement are revised to reflect any changes/amendments required between the parties and current council service provision respectively, with approval and post-ballot sign-off of the final documents delegated to the Chief Executive.

(4)     That Cabinet supports a ‘yes’ vote in the forthcoming BID renewal ballot.

Officers responsible for effecting the decision:

Chief Executive

Director for Economic Growth and Regeneration

Reasons for making the decision:

In working towards implementation of Business Improvement Districts the council will be achieving and/or reviewing and improving upon a number of its corporate objectives/outcomes as defined in the Council Plan. The draft BID Renewal Proposals will actively support Sustainable Economic Growth, Clean Green & Safe Places and Community Leadership outcomes, success, measures and actions.

(Cabinet Member with Special Responsibility Councillor Jackson)

Cabinet received a report from the Director for Communities and the Environment that outlined the Council’s review of the social housing Allocations Policy and recommended changes to enable the city council to best meet housing need within a backdrop of reduced turnover of council stock and increases in homelessness.

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. Option 1 to approve the revised allocation policy will ensure the policy meets our statutory duties having regard for current government guidance and legislation. By approving the revised allocation policy, officers will be able to ensure accommodation is made available to our most vulnerable and those in greatest housing need, whilst also making sure we get the best use of the council’s limited housing stock.

Councillor Jackson proposed, seconded by Councillor Brookes:-

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

Councillors then voted:-

Resolved unanimously:

(1)    That the changes be approved, and the revised Housing Allocations Policy 2020       be adopted.

Officer responsible for effecting the decision:

Director for Communities and the Environment

Reasons for making the decision:

The City Council’s existing allocations policy has not been reviewed since March 2018. The Council is required to update the allocations policy to ensure it meets statutory guidance, to ensure the policy still reflects local priorities and is “fit for purpose”. The policy has been reviewed in light of recent case law, changes to priority for armed forces and their families, people affected by domestic abuse in refuge accommodation and the implications for homeless households placed in temporary accommodation since the implementation of the Homeless Reduction Act 2017.

The decision is consistent with the Council’s approved priorities, which includes a sustainable District, Happy, and Healthy Communities. The decision also fits with the Local plan and will contribute to increasing the supply of housing in Lancaster district and directly contribute to the Homes Strategy 2020-2025.

(Cabinet Member with Special Responsibility Councillor Jackson)

Cabinet received a joint report from the Director for Communities and the Environment and Director for Economic Growth and Regeneration to update members on the findings of the specialist legal and finance advice sought on options to set up the Housing LATCo (Local Authority Trading Company) and to recommend to Cabinet that they approve the establishment of the Housing LATCo.

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 mechanism that will allow the council to bring all of their key strategic housing projects into fruition. Investment into housing development cannot be seen as risk free, and house prices and values can fluctuate but as this is a vehicle which will assumes a longer term investment plan, the Savills report clearly demonstrates the successes achieved through housing investment vehicles, and that a scheme of acquisitions in Morecambe can be delivered viably if a longer borrowing period is assumed.

Cabinet approval was required to set up the new Housing LATCo taking account of the specialist legal and financial advice obtained, committing a further £50K to appoint Trowers to undertake the necessary actions and preparation of legal documentation, and to delegate authority to the Chief Executive in consultation with the Leader and Portfolio Holder for Housing to agree the composition of the Board of Directors and the arrangements for the council to discharge its role as Shareholder of the Housing LATCo and report back to Cabinet for consideration and approval.

Councillor Jackson 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 approve the establishment of a wholly owned company (Housing LATCo) limited by shares and delegate authority to the Chief Executive in consultation with the Section 151 Officer to take all necessary steps to incorporate the company, and enter into all necessary documents to facilitate the company’s operation including the Articles of Association, Shareholder Agreement, Loan Agreement, Services Agreement and Secondment Agreement.

(2)    That Cabinet delegate authority to the Chief Executive in consultation with the   Leader and Portfolio Holder for Housing to agree the composition of the Board of Directors and the arrangements for the council to discharge its role as Shareholder of the Housing LATCo.

(3)     That a further budget of £50K is approved to re-appoint Trowers & Hamlins LLP  to provide the necessary legal advice and prepare the documentation.

Officers responsible for effecting the decision:

Chief Executive

Director for Economic Growth & Regeneration

Director for Communities and the Environment

Section 151 Officer

Reasons for making the decision:

The decision is consistent with the Council Priorities including Happy and Healthy Communities, a Sustainable District, and an Inclusive and Prosperous Local Economy. The decision is also consistent with the Local Plan and will contribute towards the provision of housing to meet a locally identified need and opportunities to increase the choice and supply of affordable housing. The Housing Strategy will provide the necessary framework to deliver the strategic housing priorities identified. 

(Cabinet Member with Special Responsibility Councillor Brookes)

Cabinet received a report from the Director for Communities and the Environment to request that Cabinet took an early decision, outside of fee and charges timeline, to agree future fees for green waste subscription. The decision needed to be taken early as the subscription service runs in line with the calendar year and would commence prior to budget council in February 2021.

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

The officer preferred option is Option1 on the basis that the current over achievement in income of £46,500 would cover any inflation rises and will assist in protecting subscriber numbers and income levels.

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

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

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet authorises the officer’s recommendation to freeze green waste subscription charges at £40.00 for a period of two years. This will be for the 2021/22 and 2022/23 financial years.

Officer responsible for effecting the decision:

Director for Communities and the Environment

Reasons for making the decision:

Freezing the subscription charges for the next two financial years should protect the retention of subscription numbers and income management.  The decision is consistent with Council priorities with regard to a Sustainable district and Happy and Healthy Communities and with the Council’s target to become carbon neutral by 2030. 

(Cabinet Member with Special Responsibility Councillor Jackson)

Cabinet received a joint report from the Director for Communities and the Environment and Director for Economic Growth and Regeneration which presented the new Homes Strategy and Action Plan 2020-2025 for Lancaster District to Cabinet for initial endorsement and authority to consult.

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. Lancaster City Council has the opportunity to approve an ambitious Homes Strategy for Lancaster district which will allow the council to commence programmes of new build housing, acquire and improve existing housing, diversify its housing offer, and most importantly, increase the choice and quality of housing across tenures to meet the need of its diverse communities, whilst making a positive contribution towards climate change mitigation. Cabinet is therefore asked to approve the draft Homes Strategy and Action Plan 2020-25 and allow a further period of consultation to engage with key stakeholders before final endorsement.

Councillor Jackson 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 approve the draft Homes Strategy and Action Plan 2020-2025 and   authorise officers to consult key partners and stakeholders.

(2)    That the Homes Strategy will then be adopted unless the consultation results in    any   proposed changes to the Action Plan which will be reported back to Cabinet for final endorsement.

Officers responsible for effecting the decision:

Director for Communities and the Environment

Director for Economic Growth and Regeneration

Reasons for making the decision:

The decision is consistent with the Council Priorities including Happy and Healthy Communities, a Sustainable District and an Inclusive and Prosperous Local Economy. The decision is also consistent with the Local Plan and contributes towards the provision of housing to meet a locally identified need and opportunities to increase the choice and supply of affordable housing. This Homes Strategy replaces the previous Housing Strategy 2012 – 2017.

(Cabinet Member with Special Responsibility Councillor Sinclair)

Cabinet received a report from the Director for Communities and the Environment that sought approval for the adoption of four Public Space Protection Orders (Dog Controls) for a period of 3 years.

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 to adopt the PSPOs (Dog Control) as consulted on. This option addresses needs for public protection, supports further enforcement and most closely reflects the majority of public comment arising from the consultation. Adoption of the original Dog Control Orders has led to more straightforward and effective dog control and enforcement in the district. There continues to be considerable public support for enforcement, and this was confirmed by comments received in the recent consultation but balanced with a fair approach towards responsible dog owners.

Councillor Sinclair proposed, seconded by Councillor Brookes:-

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

Councillors then voted:-

Resolved unanimously:

(1) That the four Public Space Protection Orders (Dog Control) be made, to include    provisions as appended to the report.

(2)   That authority be delegated to the Head of Public Protection to designate in writing authorised officers for the purposes of issuing fixed penalty fines.

Officer responsible for effecting the decision:

Director for Communities and the Environment

Reasons for making the decision:

Cabinet approved a number of dog control orders that enabled the council to deal with issues such as dog fouling on our streets and parks, dogs and leads, and dogs out of control which can cause road traffic accidents, nuisance and aggression in 2012.  Originally introduced under the Clean Neighbourhoods and Environment Act 2005, they were converted to become Public Space Protection Orders (PSPOs) in 2017 following a change in legislation to the new Anti-social Behaviour, Crime and Policing Act 2014. The PSPOs have now been reviewed in order that they can be implemented for a further 3 year period.

The decision is consistent with the Council priority of Healthy and Happy Communities, keeping the district’s neighbourhoods, parks, beaches and open space clean, well-maintained and safe. 

(Cabinet Member with Special Responsibility Councillor Hanson)

Cabinet received a report from the Director for Economic Growth and Regeneration to consider a proposal for the designation of a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 to remove the permitted development rights for development consisting of a change of use from a Class C3 (dwellinghouse) to a use falling within Class C4 (houses in multiple occupation), contained in Class L(b) of Part 3 Schedule 2 of the Town and Country Planning (General Permitted Development Order). The proposal would mean that planning permission was required to change the use of a dwellinghouse to a house in multiple occupation (with 3-6 occupants). The report sought authorisation for the Director of Economic Growth and Regeneration to proceed with the statutory process and ‘make’ the Article 4.

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, make a non-immediate Article 4 Direction. This option will ensure protect traditional housing stock and amenity within residential areas, in accordance with policies SP9 and DM13 of the Local Plan.

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

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

Councillors then voted:-

Resolved:

(Councillor Jackson was experiencing technical issues at this time and was not able to participate in the vote.)

(1)        That Cabinet authorise the Director of Economic Growth and Regeneration to make a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 to remove the permitted development rights for development consisting of a change of use from a Class C3 (dwellinghouse) to a use falling within Class C4 (houses in multiple occupation), contained in Class L(b) of Part 3 Schedule 2 of the Town and Country Planning (General Permitted Development Order), in the Lancaster wards of Bulk, Castle, John O’Gaunt, Marsh, Scotforth East, Scotforth West, Skerton East and Skerton West, plus the village of Galgate.

Officer responsible for effecting the decision:

Director for Economic Growth and Regeneration

Reasons for making the decision:

The decision is consistent with the Council Plan that includes ambitions to enhance community cohesion. The Lancaster District Local Plan includes policies which seek to improve the amenity of residents in Lancaster. Policies in the Strategic Policies and Land Allocations Development Plan Document aim to ensure that development, including uses of buildings, create strong and vibrant communities (SP9). Policy DM13 of the Development Management DPD aims to control the concentration of HMOs. The proposals seek to address the detrimental impacts of concentration of HMOs in accordance with the ambitions of the Council Plan and the Local Plan.