Agenda and draft minutes

Cabinet
Wednesday, 20 March 2019 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Inge Booth  Senior Committee Services Officer

Items
No. Item

CEX/94

Chairman's Announcement

Minutes:

The Leader referred to the recent tragedies in Africa and New Zealand and those families who had suffered as a result.  He invited all present to join him in observing a minute’s silence.

CEX/95

Cabinet Executive Decisions pdf icon PDF 491 KB

To authorise the Chairman to sign, as a correct record, the Executive Decisions made by Cabinet on 6 February 2019.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 6 February 2019.

CEX/96

Delegated Executive Decisions pdf icon PDF 271 KB

To receive the Delegated Executive Decisions made by Portfolio Holders or Officers on 31 January 2019.

Minutes:

RESOLVED – That the Delegated Executive Decisions made by Portfolio Holders or Officers on 31 January 2019 be received.

CEX/97

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/98

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/99

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:

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

CEX/100

Forward Plan pdf icon PDF 67 KB

To note the contents of the latest Forward Plan published on 19 February 2019.

Minutes:

RESOLVED – That the contents of the Forward Plan published on 19 February 2019 be noted.

CEX/101

Constitution - Officer Delegations pdf icon PDF 123 KB

To update the delegation of executive functions to reflect the new operating model being implemented from 1 April 2019.

Additional documents:

Minutes:

Summary

 

The Deputy Leader and Housing, People and Innovation Portfolio Holder introduced the report.  With regards to Customer Connect and the new operating model and structure of the Council, new arrangements were to be implemented from 1 April 2019. This required a review of the Council’s delegation scheme and proper officer appointments. The Monitoring Officer’s annual review of the Constitution was due to be presented to Council on 28 March 2019, and that report would include an update on the delegations from Council/Committees and an update of the Proper Officer appointments.

 

This report dealt with those executive functions which were delegated to officers. Appendix 1 set out the proposed changes to reflect the new structure. These would be kept under review as implementation of the new structure continued.

 

Members were asked to agree the revised Delegation Scheme with effect from 1 April 2019. The report indicated that, whilst the role of Legal, Governance and Democracy Lead Specialist was still being recruited to, those particular delegations would be within the remit of the Director of Strategy, Innovation and Resources, who would consider any sub-delegations that might be required on an interim basis until the new post holder was in place.

 

The Deputy Leader and Housing, People and Innovation Portfolio Holder, in closing, thanked officers for their work and for the professional way in which the exercise was being conducted.  The Leader and Promoting South Lakeland Portfolio Holder echoed his thanks, also expressing appreciation for a clear and well-written report.

 

Decision

 

RESOLVED – That the revisions to the Delegation Scheme to Officers from the Leader/Cabinet, as detailed in Appendix 1 to the report, be approved with effect from 1 April 2019, with the interim arrangements as detailed.

 

Reasons for Decision

 

The Constitution underpins the Council’s decision making processes in achieving the aim and objectives of the Council’s priorities.

 

Alternative Options Considered and Rejected

 

The Council is required to ensure that its delegations are reviewed and updated as appropriate.  The decision ensures that appropriate delegations are in place.

CEX/102

Information Requests 2019 pdf icon PDF 668 KB

To consider the number of Information Requests made in 2018 under the Freedom of Information Act and the Environmental Information Regulations and Data Protection Act.

Minutes:

Summary

 

The Deputy Leader and Housing, People and Innovation Portfolio Holder presented a report providing detailed information on the number of Information Requests which had been made in 2018 under the Freedom of Information Act, and Environmental Information Regulations and Data Protection Act.

 

The Deputy Leader and Housing, People and Innovation Portfolio Holder felt that what was of particular note was the fact that the number of recorded requests received by the Council had increased year on year since 2005.  He drew attention to a typographical error within the table at paragraph 3.12 of the report where the total number of requests received in 2018 was shown as 405.  In fact, 825 requests had been received in 2018, compared to 80 in 2005.  The reported indicated that the trend for increases in numbers of requests was continuing and, so far, from 1 January to 14 February 2019, the Council had received 144 requests.  Response times had slightly increased from last year, caused in part by the increasing numbers of requests to the Council and corporate capacity.  86% of requests had, however, been responded to within the statutory 20 working day limit.

 

The Leader and Promoting South Lakeland Portfolio Holder was proud that the Council’s high standard was being maintained and thanked offers for seamlessly dealing with the volume of requests in a timely manner.

 

Decision

 

RESOLVED – That the report be received.

 

Reasons for Decision

 

The decision links to the Council’s values of empowering people, excellence and being open and transparent.

 

Alternative Options Considered and Rejected

 

Failure to comply with the statutory provisions of the Freedom of Information Act 2000, the Environmental Information Regulations 2004 and the Data Protection Act 2018 could lead to enforcement action by the Information Commissioners Office.

CEX/103

Cumbria Public Health Strategy pdf icon PDF 517 KB

To consider the Cumbria Public Health Strategy and recommendation to Council for adoption as part of the Council’s Policy Framework.

Additional documents:

Minutes:

Note - The Health and Wellbeing Portfolio Holder wished to place on record the fact that he had arrived late to the meeting due to the 9.34 a.m. Northern Rail train from Windermere having been cancelled.  The Leader and Promoting South Lakeland Portfolio Holder further highlighted the marked deterioration in the service delivered by the company, which had also been noted by local Members of Parliament.

 

Summary

 

The Health and Wellbeing Portfolio Holder introduced the report and explained that Cabinet was being given an opportunity to consider the draft Strategy prior to presentation of the document to Council for adoption as part of the Council’s Budget and Policy Framework.  He drew attention to how South Lakeland District Council interacted with the wider determinants of health and made particular reference to the issue of Air Quality and the challenge of educating people to use sustainable forms of transport.  He commended the Strategy, wishing to see people continue to live long and happy lives in South Lakeland.

 

The Leader sought clarification with regard to the target date for carbon neutrality.  Colin Cox, Director of Public Health, who had led on the creation and development of the Strategy, informed Members that the international target date for carbon neutrality was 2050 and explained that the Strategy indicated that Cumbria should not lag behind.  The Leader and Promoting South Lakeland Portfolio Holder, however, pointed out that the substantive report on the agenda made reference to Cumbria’s aim to become a carbon neutral county by 2030, and asked for this to be clarified.

 

Mr Cox explained that, although employed by Cumbria County Council, he was aware of the critical roles that the district councils had to play in relation to public health.  He presented the Strategy, thanking the District Council’s Public Protection Officer, Public Protection Manager and Principal Culture, Arts and Events Officer for their active engagement.

 

The report indicated how officers with multi-disciplinary backgrounds and expertise from South Lakeland District Council (SLDCE), the other district councils, Cumbria County Council and the Lake District National Park Authority had contributed to the writing and the shaping of specific thematic areas.

 

The Public Health Strategy sat under the Cumbria Joint Health and Wellbeing Strategy 2019-2029. This strategy was currently in production, and would be presented to the Cumbria Health and Wellbeing board in April.  This was a document which set out how the Health and Wellbeing Board would work together over the next ten years. All Clinical Commissioning Groups, local authorities and NHS England plans would need to take the Joint Health and Wellbeing Strategy into account.

 

The vision of the Cumbria Joint Public Health Strategy was to, “enable Cumbrian communities to be healthy and to tackle health inequalities.”  This corresponded with the existing SLDC Public Health Strategy, and the proposed Health and Wellbeing Strategy.

 

The Cumbria Joint Public Health Strategy took a different approach to previous public health strategies as, instead of focusing on individuals, it acknowledged the conditions in which a person was born, lived, worked  ...  view the full minutes text for item CEX/103

CEX/104

Kendal Market Review pdf icon PDF 501 KB

To consider proceeding to Stage 1 of a two stage procurement exercise calling for expressions of interest from interested parties to take on the management of Kendal Indoor and Outdoor Market.

Additional documents:

Minutes:

Note – During consideration of the item, Councillor Janette Jenkinson declared a non-pecuniary interest by virtue of the fact that she was a Director of Ulverston Community Enterprise, which managed Ulverston Market.  She remained in the meeting during the discussion and voting on the item, although with no voting rights as a Member of the Shadow Cabinet.

 

Summary

 

In the absence of the Economy and Assets Portfolio Holder, the Deputy Leader and Housing, People and Innovation Portfolio Holder presented a report, informing Cabinet that Markets were in decline nationally but that, with the right management, willingness to adapt, change and through innovative thinking, markets could thrive and deliver many diverse benefits to towns and communities. Economic benefits were, perhaps, the most obvious, but the social value of markets and the community cohesion they encouraged were equally important. Markets could also help regenerate town centres, promote healthy eating and support “greener” lifestyles and more sustainable patterns of commerce. South Lakeland District Council (SLDC) was fully committed to securing Kendal Market’s future and to ensure its success in being an economic driver for the Town.

 

The report indicated that the Council had appointed Lambert Smith Hampton (Manchester) to undertake a review of the markets to understand its strengths, weaknesses, opportunities and threats. The review had also included a public consultation to understand user and trader perception, as well as reviewing the current operating model and proposing new ways of working to help improve and rejuvenate the market into a successful key driver for the Town. The report, which was attached at Appendix 1 to the substantive report, had concluded that a new operating model and outsourcing the management of the indoor and outdoor market was the preferred option.

 

A study, attached at Appendix 1 to the substantive report, had previously been commissioned by SLDC and completed by Quarterbridge Project Management Ltd in 2008 and the study had concluded that the Indoor and Outdoor Markets were failing to attract visitors in the volumes that were needed to deliver a sustainable weekly market, and were impacting negatively on the success of the Town centre as a result.  The report had identified a series of factors that were considered to be the “Root Causes” of the perceived problem, and had proposed a number of interventions to turn around the current failing status. The findings of this report had fed into the more recent Lambert Smith Hampton (LSH) report.

 

The public consultation undertaken by LSH had confirmed many of the thoughts and conclusions reached in the market review, with some very strong data in support of taking positive actions to change the current model to avoid a further decline.  The evidence had come from traders, users (shoppers) and the wider Kendal business community (stakeholders).  The survey had raised concern over the speed of decline which, if allowed to continue, would result in the need for more radical transformation.  When compared to towns with successful markets, it was clear that Kendal had fallen behind in terms of  ...  view the full minutes text for item CEX/104