Agenda and draft minutes

Cabinet
Wednesday, 19 July 2017 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Inge Booth  Senior Committee Services Officer

Items
No. Item

CEX/20

Cabinet Executive Decisions pdf icon PDF 248 KB

To authorise the Chairman to sign, as a correct record, the Executive Decisions made by Cabinet on 21 June 2017 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 21 June 2017.

CEX/21

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 revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable 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.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

CEX/22

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the agenda.

CEX/23

Public Participation

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting.  Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic and Electoral Services Manager on 01539 793186.

 

(1)       Questions and Representations

 

            To receive any questions or representations which have been received from members of the public.

 

(2)       Deputations and Petitions

 

            To receive any deputations or petitions which have been received from members of the public.

Minutes:

RESOLVED – That it be noted that no questions, representations, deputations or petitions have been received in respect of this meeting.

CEX/24

Cabinet Portfolios and Scheme of Delegation pdf icon PDF 334 KB

Following changes in the Membership of Cabinet, to note changes in Portfolios as set out in the revised Scheme of Delegation for the discharge of Executive Functions of the Council and, where necessary, for Members to sign Cabinet Job Descriptions (documentation will be circulated at the meeting).

Minutes:

Further to changes in Cabinet Membership, Members were provided with an updated copy of the document outlining the Allocation of Portfolios to Cabinet Members and the Scheme of Delegation for the discharge of the Executive functions of the Council.

 

RESOLVED – That the Allocation of Portfolios to Cabinet Members by the Leader be noted, and the respective Cabinet Job Descriptions be signed by each Cabinet Member.

CEX/25

Cabinet Appointments to/Representation on Outside Bodies 2017/18

Following changes in the Membership of Cabinet, to consider the following changes to appointments to outside bodies:-

 

·         Cumbria Strategic Waste Partnership – To confirm David Fletcher as main representative and Graham Vincent as substitute; and

·         Public Health Alliance – Philip Dixon

Minutes:

Summary

 

Following changes to the Membership of Cabinet, Cabinet considered proposed changes to appointments to the following outside bodies for the year 2017/18:-

 

·         Cumbria Strategic Waste Partnership; and

·         Public Health Alliance.

 

Decision

 

RESOLVED – That the changes to appointments of representatives to serve on outside bodies for 2017/18, as set out below, be approved:-

 

Organisation

Representative (2017/18)

Notes

Term of Appointment

Cumbria Strategic Waste Partnership

David Fletcher

Substitute  Graham Vincent

Annual

Public Health Alliance

Philip Dixon

Annual

 

Reasons for Decision

 

The proposals assist in the delivery of the Council Plan through partnership working.

 

Alternative Options Considered and Rejected

 

Not to make appointments which could affect the Council’s ability to influence partners on important strategic issues.

CEX/26

Forward Plan

To note the contents of the latest draft Forward Plan (to be circulated prior to the meeting).

Minutes:

The Leader and Finance Portfolio Holder informed Members that Cabinet on 23 August had been rescheduled to 30 August and that the latest draft was as provided at the Cabinet meeting on 21 June 2017 noting the change of date.

CEX/27

Revenue and Capital Out-turn 2016/17 pdf icon PDF 145 KB

To consider the outturn figures and variance explanations, contributions to and from reserves and the draft Capital Programme.

Additional documents:

Minutes:

Summary

 

The Leader and Finance Portfolio Holder presented a report which provided details on the final overall General Fund out-turn against budget for 2016/17 and detailed service expenditure and income variances against budget. Explanations were included generally where variances were over £10,000. Overall, net service expenditure showed an underspend of £4.2m against a gross revenue budget of circa £54m which was equal to 7.8%. After carry forwards totalling £3.5m, the variances reduced to £0.7m (1.3% of the gross revenue budget).  The Overview and Scrutiny Committee had considered the report at its meeting held on 14 July 2017.

 

The Leader and Finance Portfolio Holder was pleased that the Council was in a strong financial position which showed that finances were being well managed.

 

Decision

 

RESOLVED – That Council be recommended to:-

 

(1)        note the out-turn figures and variance explanations set out in the report and Appendices;

 

(2)        approve the contributions to and from reserves detailed in Appendix 1a to the report; and

 

(3)        approve the revised Capital Programme in Appendix 3 to the report and the funding of the Capital Programme in Appendix 4 to the report.

 

Reasons for Decision

 

The report forms a key part of the financial governance arrangements that support all Council priorities.

 

Alternative Options Considered and Rejected

 

No alternative options were proposed. Not approving the proposed Capital Programme and reserves amendments may challenge service delivery during 2017/18 and beyond.

CEX/28

Treasury Management Annual Report 2016/17 pdf icon PDF 297 KB

To consider the 2016/17 Treasury Management Annual Report.

Minutes:

Summary

 

The Leader and Finance Portfolio Holder presented a report reviewing performance during 2016/17 against the Council’s Treasury Management Strategy. The Council was required through regulations issued under the Local Government Act 2003 to produce an annual treasury management report. This was to include a review of activities and the actual Prudential and Treasury Indications for 2016/17. The report, at Appendix 1 to the substantive report, met the requirements of both the Chartered Institute of Public Finance and Accountancy (CIPFA) Code of Practice on Treasury Management and the CIPFA Prudential Code for Capital Finance in Local Authorities. The Overview and Scrutiny Committee had considered the report at its meeting on 14 July 2017.

 

Decision

 

RESOLVED – That Council be recommended to approve the 2016/17 Treasury Management Annual Report, as attached at Appendix 1 to the report.

 

Reasons for Decision

 

The Treasury Management Framework including Prudential Indicators forms part of the corporate governance arrangements that support all Council priorities.

 

Alternative Options Considered and Rejected

 

There were no alternative options. The report presents historic data on treasury performance during 2016/17.

CEX/29

Medium Term Financial Plan 2017/19 to 2022/23 pdf icon PDF 55 KB

To consider the Medium Term Financial Plan incorporating the Financial Strategy and the Budget Strategy.

Additional documents:

Minutes:

Summary

 

The Leader and Finance Portfolio Holder presented the Draft Medium Term Financial Plan, incorporating the Financial Strategy and the Budget Strategy (referred to collectively as the MTFP). The report had been considered by Overview and Scrutiny Committee at its meeting on 14 July 2017. Cabinet was asked to consider the Plan prior to Council being requested to approve it at its meeting on 25 July 2017.

 

The Plan ensured that the Council had a sound basis for allocating resources and effective financial management over the medium term. The overall position would be constantly reviewed and reported over the rest of 2017 and early 2018 as part of the budget process and update reports.

 

The Leader and Finance Portfolio Holder referred to the Council’s very positive financial position but emphasised the need to be prudent and protect the Council’s finances by closely monitoring risks to income and expenditure as detailed in the report.

 

Officers were thanked for their work in producing the MTFP.

 

Decision

 

RESOLVED – That the Draft Medium Term Financial Plan at Appendix 1 to the report, be taken forward for consideration and approval at the Council meeting on 25 July 2017.

 

Reasons for Decision

 

The MTFP indicates the resources available to fund the Council Plan and how these resources would be allocated.

 

Alternative Options Considered and Rejected

 

The assumptions forming the MTFP could be amended.  This is not recommended, as the proposals are regarded as the most appropriate option when considered against the need to secure financial resilience and deliver the Council Plan priorities.

CEX/30

Strategic Review of the Building Control Service (Key Decision) pdf icon PDF 243 KB

To consider the work being undertaken in reviewing the options for the Building Control Service as part of the Customer Connect Programme.

Minutes:

Summary

 

The Deputy Leader and Housing and Innovation Portfolio Holder presented a report relating to a Strategic Review of the Building Control service area as part of the Customer Connect Programme, examining options for the future service delivery. The work was on-going and Cabinet was requested to support the exploration of discussions with Eden District Council so that a range of options for South Lakeland District Council in the provision of sustainable Building Control Services for the South Lakeland area, whilst maintaining the current level of service for residents and developers, could be presented in a comprehensive report at a later date.

 

In response to a question, the Deputy Leader and Housing and Innovation Portfolio Holder confirmed to Members that the reason for the review of the Building Control service area was in the context of the Customer Connect Programme.

 

Decision

 

RESOLVED – That

 

(1)        the work being undertaken in reviewing the options for the Building Control Service as part of the Customer Connect Programme be noted;

 

(2)        authority be delegated to the Director People and Places to enter into discussions with Eden District Council with regard to that Council discharging South Lakeland District Council’s Building Control functions; and

 

(3)        a further report be submitted to Cabinet summarising the review work and providing details on the recommended proposal including the financial, legal and human resources implications.

 

Reasons for Decision

 

The links to the Council Plan are set out in the extract from the Development Management Service Plan in Appendix 1 to the report.  The Building Control Service plays a fundamental role in the Council being able to deliver against its four priorities.

 

Alternative Options Considered and Rejected

 

A full range of alternative options would be presented in a future report.

CEX/31

Morecambe Bay - Joint Statement of Intent to Collaborate on Economic Development Initiatives pdf icon PDF 269 KB

To consider the principle of joint working with the Borough of Barrow-in-Furness and Lancaster City Council on economic development initiatives.

Additional documents:

Minutes:

Summary

 

The Economy and Assets Portfolio Holder presented a report requesting approval of the principle of working jointly with partners in Borough of Barrow in Furness and Lancaster City Council (the partner authorities) on economic development and other related initiatives as set out in the draft ‘joint statement of intent of collaborative working’ attached in Appendix 1 to the report.  This would help increase the effectiveness of economic development activity within South Lakeland for the benefit of all residents and businesses and allow the Council to more fully exploit the opportunities of working with partner authorities within a clear framework.

 

In response to a question regarding the way forward and Member consultation with regard to the principle of working jointly with the partner authorities on economic development activity, the Leader and Finance Portfolio Holder informed Members that it was necessary initially to ensure the formal commitment of the partners as their intent for collaborative working. He suggested an autumn Member briefing with regard to the way forward to be arranged following the signing of the statement by the partners.

 

Decision

 

RESOLVED – That

 

(1)        the principle of the ‘joint statement of intent of collaborative working’ and the principle of working with the Borough of Barrow in Furness and Lancaster City councils on economic development and other related initiatives be approved; and

 

(2)        authority be delegated to the Director People and Places, in consultation with the Leader and the Economy and Assets Portfolio Holder, to agree the final content of the joint statement of intent of collaborative working, as necessary, to reflect best practice and the evolving working relationship with partner authorities.

 

Reasons for Decision

 

The initiative will help the Council “support the development of higher paid jobs in South Lakeland”, specifically “We will improve the districts competitive advantage to succeed in today’s environment, exploring opportunities to influence, engage and work with strategic partners across the northern powerhouse including Lancashire and Furness to support our growth ambition and access external funding”.

 

Alternative Options Considered and Rejected

 

To continue to pursue economic development promotional investment activity as South Lakeland District Council in isolation from other partners in Morecambe Bay.  This would have a similar financial cost but based on the evidence base would be less effective at achieving the goals of business and infrastructure investment in the area and, therefore, presents less value for money.

 

To pursue closer working on economic development initiatives with Eden District Council.  This has been discounted as the evidence suggests there is little interdependence between the two economies, with Eden more closely aligned with the economy of Carlisle.  Further, the fit of industry does not closely align with the sectoral strengths of South Lakeland.

CEX/32

Member Development Annual Report pdf icon PDF 60 KB

To consider the Member Development Annual Report 2016/17.

Minutes:

Summary

 

The Deputy Leader and Housing and Innovation Portfolio Holder presented the Member Development Annual report which provided an update on Member support carried out in the previous twelve months.

 

In response to a question regarding the timing of training courses for Members, the Leader and Finance Portfolio Holder suggested that Members could suggest to Officers possible dates and times to hold Member training courses with a view to Members being able to attend.

 

With regard to a question relating to the use of private Computers by Members for Council business, the Culture, Media and Leisure Portfolio Holder reminded Members that Council computer equipment was provided for Members use because the equipment was secure and safe.

 

Decision

 

RESOLVED – That

 

(1)        the Member Development Annual Report 2016 / 2017 be noted; and

 

(2)        Council be recommended to consider and note the Member Development Annual Report 2016 / 2017.

 

Reasons for Decision

 

The support and development of Elected Members to enable them to carry out their roles to the best of their abilities, and to assist in achieving the Council’s aspirations links to all areas of the Council Plan. This is reflected in the Council’s value of Excellence – “Seeking continuous improvement in what we do, ensuring that our actions address the needs of South Lakeland”. Elected Members act as community leaders and are advocates for local people. Members will be given the training they need to effectively represent their residents and support their communities to be more sustainable.

 

Alternative Options Considered and Rejected

 

Member development remains a key priority for the Council and this will continue to be monitored and reported against annually.  As appropriate, any relevant Corporate Governance requirements, such as the Member Code of Conduct and Member and Officer Protocol training, along with previously agreed essential training, will remain on the annual training cycle.

CEX/33

Regulation of Investigatory Powers Act 2000 - Annual Review pdf icon PDF 185 KB

To consider a review of the operation of the Council’s surveillance policies and practices under the Regulation of Investigatory Powers Act 2000 and revisions to the Council’s existing guidance on surveillance.

Additional documents:

Minutes:

Summary

 

The Economy and Assets Portfolio Holder presented a report which requested that the operation of the Council’s surveillance policies and practices under the Regulation of Investigatory Powers Act 2000 be reviewed and that the Council’s existing guidance on surveillance be updated. The proposed revisions to the Surveillance Policy were set out in Appendix 1 to the report.

 

It was noted that there had been no applications for authorisation between 1 April 2016 and 31 March 2017. 

 

The report referenced the recent periodic review by the Office of Surveillance Commissioners who had noted that the recommendations made following the inspection in 2014 had been addressed and were discharged and that continuing training arrangements had been supported.

 

Attention had been drawn to a potential vulnerability in the context of the use of social network sites and the internet for investigative purposes, and the Council’s guidance policy had been reviewed and amendments proposed to reflect this, and update with regard to the Investigatory Powers Act 2016.

 

Decision

 

RESOLVED – That

 

(1)        the review of  the operation of the Council’s policies and procedures as regards the use of the powers set out in the Regulation of Investigatory Powers Act 2000 for the year 2016/17 be noted; and

 

(2)        the revisions to the Council’s Surveillance Policy as detailed in Appendix 1 to the report be approved.

 

Reasons for Decision

 

The proposals link into the Council Plan values of Excellence, Openness and Transparency.

 

Alternative Options Considered and Rejected

 

The Council could retain its current guidance.  This leaves the Council vulnerable in not considering the potential vulnerabilities highlighted in its response in the report.