Agenda and minutes

Cabinet
Wednesday, 23 January 2019 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Inge Booth  Senior Committee Services Officer

Items
No. Item

CEX/66

Chairman's Announcements

Minutes:

Councillor Giles Archibald, Leader and Promoting South Lakeland Portfolio Holder, congratulated Councillor John Holmes for the recognition of his work within the New Year’s Honours List and for becoming a Member of the British Empire.  Councillor Holmes said that he had been both surprised and honoured and expressed thanks to Councillor Archibald for the acknowledgement of his achievement.

 

For the benefit of those attending their first Cabinet meeting, Councillor Archibald explained how it worked and how Members of the Opposition and leaders of political groups, although unable to vote in proposals, were invited to contribute and join in on discussion.  Councillor Archibald stressed the importance of listening to all suggestions from all political parties.

 

Councillor Archibald welcomed Councillor Robin Ashcroft who had recently taken on the role of Culture and Leisure Portfolio Holder following Councillor Hogg’s resignation from this post for personal reasons.

 

Councillor Archibald referred to a recent CBI report on the potential impact of a no deal Brexit on Cumbria and to the need for the Council to prepare for this possibility.  He had asked the Chief Executive to discuss this matter with officers and to connect with central Government.  Councillor Archibald extended an open invitation to the Leader of the Opposition and leader of other political groups to meet with both himself and the Cabinet to discuss what could be done to prepare.  He advised that he also intended to write to the Chairman of the Overview and Scrutiny Committee to suggest that a quick task and finish group be set up to look into the matter.

CEX/67

Cabinet Executive Decisions pdf icon PDF 270 KB

To authorise the Chairman to sign, as a correct record, the Executive Decisions made by Cabinet on 28 November 2018.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 28 November 2018.

CEX/68

Delegated Executive Decisions pdf icon PDF 166 KB

To receive the Delegated Executive Decisions made by Portfolio Holders or Officers on 6 and 20 December 2018.

Additional documents:

Minutes:

RESOLVED – That the Delegated Executive Decisions made by Portfolio Holder or Officers on 6 and 20 December 2018 be received.

CEX/69

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/70

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/71

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 by no later than 0:01am (one minute past midnight) two working days before 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 Committee Services Team on 01539 733333.

 

(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:

David Dawson, resident of South Lakes and the Company Secretary of Save Grange Lido Ltd., a newly-incorporated Community Benefit Society, addressed the Cabinet in relation to Agenda Item No.9, Grange-over-Sands Lido: Design Options.  He believed that today Cabinet had a fantastic opportunity to restore a jewel in the crown of the leisure and health facilities available to the residents of South Lakeland and its visitors.

 

Mr Dawson explained that Save Grange Lido (SGL), on whose behalf he was speaking, was a committed group of volunteers, with a huge support base both locally and nationally.  The group had produced architect’s plans, prepared a business plan, obtained costings, consulted pool experts and heritage advisors, and was keen to work with the Council to secure a vibrant and successful future for the Lido.  The group was pleased that the Council was determined to deal with the Lido and pleased with the constructive discussions it had had with the Council which had produced a sensible framework for it to progress along a twin-track approach.  Today, Cabinet had a chance to confirm that twin-track approach.  The group agreed that the buildings and structure of the site needed repair and renovation, and was happy to support the Council in those objectives.  However, if the twin-track approach was to succeed, then the unwise plans to infill the pool with landscaping would have to be halted.  The group felt that such a plan would be disastrous and, once filled in, no matter how many times it had been said to be only temporary, the pool would be gone forever.  The group felt that filling in the pool would cause significant and unjustified harm to the heritage asset and would effectively destroy one of the most significant aspects of the Grade II listing – the “unusual mushroom-shaped pool”.

 

Mr Dawson informed the Cabinet that SGL was not alone in opposing the plans to fill in the pool.  The group had the support of Historic Pools of Britain who, he stated, had written to the Council this week, the 20th Century Society, SAVE, the Outdoor Swimming Society, Swim England, Cumbria ASA, Kendal ASC, and many others.  This element of the plans risked de-railing the whole project.

 

Mr Dawson stressed that Grange was not “Grange Garden City” but Grange-over-Sands on the edge of a beautiful bay with a wonderful promenade.  Grange already had lots of gardens and open spaces.  The pool-less lido would have no meaning or function at all and would fail to attract occupiers.  While empty and unused, it would continue to need maintenance expenditure and the landscaping would require regular work.  The plan risked producing buildings with no users that would be boarded up and empty and soon become a magnet for vandals and anti-social behaviour.

 

Mr Dawson felt that it was clear from the papers before Cabinet that the preferred light touch renovation was the least bad of the four pool-less options under consideration.  He pointed out that the papers before Cabinet confirmed at paragraph 3.2.5 that  ...  view the full minutes text for item CEX/71

CEX/72

Grange-over-Sands Lido: Design Options pdf icon PDF 162 KB

To seek approval for the current design plans to progress to planning permission and listed building consent.

Additional documents:

Minutes:

Summary

 

Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder thanked Mr Dawson and Mrs Turner for their representations and for the work and commitment shown by both groups.

 

Councillor Brook introduced the report.  Grange-over-Sands Outdoor Baths (referred to more recently since its listing as Grange Lido) was one of South Lakeland District Council’s (SLDC’s) most unique and yet most dangerous assets, due to its structural deterioration and lack of investment since its closure to the public in 1993.

 

Councillor Brook drew attention to the long history of the site, full details of which were included within the report, as well as details with regard to the Coastal Revival Fund.

 

Councillor Brook explained the rationale for intervention, also detailed within the report.

 

In 2013, a structural survey and concrete analysis had been completed by RG Parkins with APA Concrete Specialists, and in 2017, an addendum to this structural survey had been completed, to reassess the deterioration on site.  The structural surveys demonstrated that urgent works and significant investment were required as soon as possible in order to avoid future prohibitive costs to restore the Lido.  The current proposals for the site included backfilling the pools, sea tanks and subways to create a public open space and restoring the existing concrete and masonry structures for future use. Based on the Grade 2 listing of the structure it was intended that there was to be little or no demolition of the existing structures, unless required.  A long term solution for the site was now urgent as the conditions of the building and site were now critical.  Within a few years, the buildings and some of the structures would be beyond repair and would require demolition, a situation which was unacceptable given the listed status of the site.  The site would continue to have a negative impact on the town and was hindering wider regeneration plans for Berners and the promenade.

 

Councillor Brook drew attention to capital costs and to a comparison of estimated costs of options which were detailed within the report.  The ‘stabilisation and structural repairs’ option, with an estimated cost of £1.3m, was the minimum intervention needed to repair structures on site, to preserve the site and deter any structural failures.  The preferred design option, the ‘Light Touch Refurbishment’ of Grange Lido, at an estimated cost of £1.995m, included an increase in costs that would allow buildings to be upgraded and leased to the community and local entrepreneurs, artists and groups, allow access to the site in its entirety, along with public realm improvements.

 

Councillor Brook explained that Cabinet was today being asked to consider the design options for moving forward.  Appendices 1 and 2 to the report detailed the Design and Access Statement, and Heritage Statement, prepared by IBI, as the SLDC appointed architects, for the ‘Light Touch Refurbishment’ of Grange Lido.

 

Designs to bring the site back in to use as a ‘dry’ site had been progressed to RIBA Stage 4, the technical design phase  ...  view the full minutes text for item CEX/72

CEX/73

Forward Plan pdf icon PDF 73 KB

To note the contents of the latest Forward Plan published on 8 January 2019.

Minutes:

RESOLVED – That the Contents of the Forward Plan published on 8 January 2019 be noted.

CEX/74

Cabinet Appointments/Representation on Outside Bodies 2018/19

(1)        Following a change in outside body appointments, to confirm the appointment of Councillor Phil Dixon as the Council’s representative to act as an observer on the Citizens’ Advice Bureau Trustee Board for the remainder of 2018/19.

 

(2)        To consider the appointment of a Member representative on the Appleby Fair Multi-Agency Strategic Co-ordinating Group.

 

(3)        Further to a recent change in Portfolio Holder, to confirm the appointment of Councillor Robin Ashcroft as the Council’s representative on the following bodies:-

 

·         Council of Grizedale Arts (observer only)

·         Cumbria Community Foundation

·         Gateway Group

·         Kendal Brewery Arts.

Minutes:

Summary

 

Further to CEX/8 (2018/19) and following a change in outside body appointments, Cabinet was asked to confirm the appointment of Councillor Philip Dixon as the Council’s representative to act as an observer on the Citizens’ Advice Bureau Trust Board for the remainder of 2018/19.

 

Cabinet was also asked to consider the appointment of a Member representative on the Appleby Fair Multi-Agency Strategic Co-ordinating Group for the remainder of the year.

 

In addition, further to a recent change in Portfolio Holder, Cabinet was asked to confirm the appointment of Councillor Robin Ashcroft as the Council’s representative on a number of bodies which fell within the remit of the Culture and Leisure Portfolio for the remainder of the year.

 

At the meeting, Members were further asked to consider replacing Councillor Pete McSweeney with Councillor Helen Chaffey as the Council’s representative on the Arnside and Silverdale Area of Outstanding Natural Beauty Board for the remainder of the year.

 

At the meeting, Councillor Giles Archibald, Leader and Promoting South Lakeland Portfolio Holder proposed that Councillor Ian Mitchell take on the role of the Council’s Member representative on the Appleby Fair Multi-Agency Strategic Co-ordinating Group.  Although accepting of the remainder of the proposed appointments and acknowledging the good work carried out by Councillor Mitchell, Members of the Opposition urged Cabinet to instead consider appointing Councillor Sheila Capstick to this Group.  Councillor Capstick was highly committed to this issue and had taken a lead within the community on the matter and it was, therefore, felt that she was well placed to represent the Council on the Group.  Councillor Archibald indicated that he would be prepared to defer a decision in order for further discussion to take place.  He stressed the fact, however, that he had, on a number of occasions, extended an offer to all group leaders for early discussions on issues prior to formal meetings.

 

Decision

 

RESOLVED – That

 

(1)        the appointment of Councillor Philip Dixon as the Council’s representative to act as an observer on the Citizens’ Advice Bureau Trust Board for the remainder of 2018/19.be confirmed;

 

(2)        a decision on the appointment of a Council’s representative on the Appleby Fair Multi-Agency Strategic Co-ordinating Group for the remainder of the year be deferred to the 6 February meeting of the Cabinet;

 

(3)        the appointment of Councillor Robin Ashcroft on the following bodies for the remainder of the year be confirmed:-

 

·         Council of Grizedale Arts (observer only);

·         Cumbria Community Foundation;

·         Gateway Group; and

·         Kendal Brewery Arts; and

 

(4)        Councillor Helen Chaffey be appointed as the Council’s representative on the Arnside and Silverdale Area of Outstanding Natural Beauty Board for the remainder of the year

 

Reasons for Decision

 

Appointments to outside bodies 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/75

Morecambe Bay Coastal Communities Fund Stage 2 - Accountable Body Status pdf icon PDF 108 KB

To give consideration to South Lakeland District Council acting as accountable body for the Coastal Communities Funding.

Minutes:

Summary

 

Councillor Graham Vincent, Economy and Assets Portfolio Holder, reported that South Lakeland District Council (SLDC) was bidding to the Ministry of Housing, Communities and Local Government (MHCLG) Coastal Communities Fund (CCF), in partnership with the Morecambe Bay Coastal Communities Team (MBCCT), to help deliver a series of capital and revenue projects around the Morecambe Bay area for the benefit of its coastal communities.  The CCF was now in its fifth round and the Morecambe Bay Partnership had already successfully bid and delivered programmes under Rounds 1 and 3 and had approached SLDC to act as lead authority for Round 5.

 

The scheme, “Experience Morecambe Bay,” would be delivered by SLDC and the Morecambe Bay Partnership (MBP), with match funding being used from SLDC’s Capital Programme (allocated and projected).  The funding bid was for £2.35m, of which £1m would go towards Grange-over-Sands Lido and Promenade enhancements and additionalities to complement the planned Promenade works, and projected Lido works.  The further £1.35m CCF would deliver an extension of the Morecambe Bay Cycleway in Fleetwood, to connect the existing and popular Bay Cycleway with the entire Fylde Coast; staffing budget for Morecambe Bay Partnership; extension to the Bay Cycleway electric bike and tramper network; a new Festival of the Bay celebration and series of events around the area; economic impact assessment of the funding and visitor analysis via Morecambe Bay STEAM commission; and a number of smaller scale projects that would be led and delivered by the Morecambe Bay Partnership.  Ultimately, the funding bid fits strategically to form part of the wider Morecambe Bay economic initiative (Lancaster and South Cumbria Economic Region).

 

Subject to Cabinet approval and a successful application process, the timeframe for the final delivery of the scheme was March 2021.  All funding had to be claimed, spent and outcomes delivered by 31 March 2021.

 

Approval was sought for SLDC to be the accountable body for the CCF bid of £2.35m, subject to a successful application.

 

Strong concerns were raised with regard to the need for consultation with the coastal communities in Ulverston and enhancements in this area, particularly with regard to the provision of family friendly cycle paths.  It was, however, pointed out that National Rail had now agreed to the cycle way from Ulverston to Greenodd.  Officers indicated that they were aware of the issues raised and undertook to provide a briefing note on all of the projects which were to benefit from the bid, as well as detailed information with regard to cycling routes.

 

The Economic Development Manager clarified that the Morecambe Bay Partnership was the Coastal Communities Team for this area and that the Council would be the accountable body in respect of the Coastal Communities Funding for the “Experience Morecambe Bay” scheme and not for the wider work and activity of the Morecambe Bay Partnership.

 

Decision

 

RESOLVED – That

 

(1)        approval be given for South Lakeland District Council to act as accountable body for the Coastal Communities Funding;

 

(2)        Council be recommended to include  ...  view the full minutes text for item CEX/75

CEX/76

SLDC Safeguarding Adults Policy and Procedures; Domestic Abuse Policy; Modern Slavery Statement pdf icon PDF 104 KB

To consider adoption and implementation of a suite of safeguarding policies and procedures.

Additional documents:

Minutes:

Summary

 

Councillor Philip Dixon, Health and Wellbeing Portfolio Holder presented a report advising that the Care Act (2014) placed a duty on local authorities to:-

 

·         consider people’s wellbeing when making decisions around care and support;

·         provide services or take steps towards preventing, delaying or reducing the needs for care and support; and

·         provide information and advice on services available locally

 

Safeguarding meant protecting a person’s right to live in safety, free from abuse and neglect.  Safeguarding adults meant protecting a person who was over the age of 18.  Safeguarding was about people and organisations working together.  South Lakeland District Council, with other partner agencies, wanted to reduce the risks of abuse or neglect happening and to make sure the person’s views, wishes, feelings and beliefs were a key part of deciding on any action.  It was important that a person’s wellbeing was promoted at all times.

 

The Council discharged a number of functions that impacted upon the lives of adults.  In addition employees, Elected Members, contractors and volunteers worked in close proximity to adults with vulnerabilities as part of their daily duties.  Consequently, the Council had a significant role to play in safeguarding adults and the promotion of their welfare.  Where appropriate, and within legal guidelines, the Council had to share information with other agencies to protect adults at risk from harm.

 

The Safeguarding Adults Policy and Procedures detailed the Council’s role, aims and responsibilities and, through training and awareness, would empower employees and Members to take proactive and decisive action when they had a concern about an adult.  The Monitoring Officer would update any titles in the policies and procedures that might change as a result of Customer Connect once the new leadership team was in place.

 

The Domestic Abuse and the Workplace policy ensured that the Council was able to deal with this serious issue internally and was able and ready to provide access to advice and support when needed.  The Policy also meant that the Council was working with partners from across Cumbria (the Police, County Council and districts, as well as Health, Probation, etc.) in a unified effort to raise awareness of domestic abuse and proactively deal with it when it arose.

 

The Council had a ‘zero tolerance’ position on domestic abuse and was committed to ensuring that any member of staff who was the victim of domestic abuse had the right to raise the issue with their employer in the knowledge that they would receive appropriate support and assistance.  This policy also covered the approach that the Council would take where there were concerns that a member of staff might be the perpetrator of domestic abuse.

 

The Modern Slavery Statement similarly proactively tackled this growing issue and committed the Council to ensuring there was no slavery or human trafficking in its business and supply chains.  The Local Government Act Tackling Modern Slavery A Council Guide provided information and advice, as well as how to make referrals.

 

The Adult Safeguarding and Modern Slavery procedures tied in  ...  view the full minutes text for item CEX/76