Agenda and minutes

Lake Administration Committee
Friday, 5 October 2018 10.00 a.m.

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

Contact: Committee Services 

Items
No. Item

LA/14

Minutes pdf icon PDF 146 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 29 June 2018.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 29 June 2018.

LA/15

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.

LA/16

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, should discussion be necessary, the item in Part II of the Agenda be dealt with following the exclusion of the press and public.

LA/17

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 no questions, representations, deputations or petitions have been received in respect of this meeting.

LA/18

Progress Report pdf icon PDF 21 KB

To consider an update on progress relating to decisions made at previous meetings of the Committee, as at 26 September 2018.

Minutes:

The Director of Policy and Resources (Monitoring Officer) presented a report updating Members on progress made on decisions taken at previous meetings of the Committee, as follows:-

 

LA/21 (5 October 2012) – Lake User Forum Engagement Protocol – The Director of Policy and Resources (Monitoring Officer) indicated that this item could now be removed, as it had been replaced by engagement through the officer delivery groups working on the actions within the Windermere Lake Action Plan, which formed part of the second item on the progress report.

 

LA/21 (6 October 2017) – Windermere Lake Action Plan 2017-2022 – The Director of Policy and Resources (Monitoring Officer) reported that the second meeting of the delivery group had taken place on 21 September 2018.  The purpose of the delivery group was to deliver on the breakthrough actions within the Plan.  A positive start had been made, with delivery groups having been set up.  The next meeting was due to take place in December, and a report would be presented to the Lake Administration Committee in the new year.

 

RESOLVED – That the report be noted.

LA/19

Lake Windermere Fees and Charges 2019/20 pdf icon PDF 118 KB

To consider proposals for Fees and Charges relating to Windermere Lake and the Lake Wardens Services from 1 April 2019 to 31 March 2020.

Additional documents:

Minutes:

The Principal Lake and Parking Services Officer presented a report including proposals for Fees and Charges relating to Windermere Lake and the Lake Wardens Services from 1 April 2019 to 31 March 2020.

 

The fees covered four distinct areas, namely:-

 

·         permanent and holiday moorings;

·         yearly renewed encroachments (the commercial term leases were outside the scope of the Fees and Charges);

·         ancillary services (including slipway, training, dinghy and winter storage); and

·         marina berths.

 

The proposals sought to limit the increase in fees and charges whilst sustaining the Lake Income, and met the Medium Term Financial Plan requirements of a 2% rise where practicable.

 

RESOLVED – That the Fees and Charges, as set out in Appendix 1 to the report, be approved.

LA/20

Proposal to Offer Extended Residential Encroachment Agreements pdf icon PDF 109 KB

To consider a proposal to offer residential encroachment agreements.

Minutes:

The Director of Policy and Resources (Monitoring Officer) reported that the Council offered a number of different encroachment agreements, namely:-

 

·         annual residential;

·         annual commercial; and

·         longer term commercial.

 

Currently, annual residential encroachment agreements were granted for a period of one year, but continued on a rolling yearly basis, taking the form of a licence agreement, which provided very little security to the customer.  It was considered that there may be some benefit in granting longer-term agreements, in the form of a lease, to customers for residential encroachments.  The proposal was to offer a lease agreement for a period of up to nine years, in line with Lambert Smith Hampton’s current delegations.  Rent reviews would follow the same format as currently, with the Lake Administration Committee approving the charges for each financial year as part of the fees and charges process.  Subject to approval, the Council would offer the new agreements, with effect from 1 April 2019.  In offering a lease, it was proposed that the relationship between Council and customer would take the basis of a formal landlord/tenant relationship, enabling a better understanding of each party’s obligations.

 

In response to queries raised, the Director of Policy and Resources (Monitoring Officer) and the Solicitor (Property and Contacts) explained that the proposal related only to residential encroachments.  Although the proposal was to offer agreements for a term of up to nine years, the period could be less, with break clauses also being negotiated within the agreements, as necessary.  Appropriate provisions would be included in the agreements to address the possibility of a change in property ownership during the term of the agreement.

 

RESOLVED – That

 

(1)        the proposal to offer residential encroachment agreements to customers for a term of up to nine years, subject to customers having an up-to-date Lake encroachment account, be approved; and

 

(2)        Lambert Smith Hampton be delegated authority to agree the granting of such agreement.

LA/21

Jetty, Slipway and Boathouse alterations Calgarth Hall Boathouse, Windermere pdf icon PDF 87 KB

To consider an application for permission to replace the two existing jetties, relocate the slipway and add a balcony to the encroachment at Calgarth Hall.

Additional documents:

Minutes:

Members had been provided with a revised copy of Recommendation 2.1.1 c which now read, “removal and replacement of the existing slipway 2.5m south of its current location and to cover an area of 2.7m squared.”

 

The Principal Lake and Parking Services Officer reported on an application for permission to replace the two existing jetties, relocate the slipway and add a balcony to the encroachment at Calgarth Hall.  Attention was drawn to the fact that the Lake District National Park Authority had already approved an application to demolish the existing boathouse and to construct a new boathouse to include both jetties; the boathouse was located above the Council’s registered title.

 

Details of the application under consideration were provided.  It was also pointed out that an application for dredging had been received covering only the internal area of the boathouse. 

 

RESOLVED – That

 

(1)        the Director People and Places be delegated authority to grant permission, subject to the completion of a revised Encroachment Agreement, for the following:-

 

(a)        replacement of two existing wooden jetties;

 

(b)        installation of a glass balustrade balcony; and

 

(c)        removal and replacement of the existing slipway 2.5m south of its current location and to cover an area of 2.7m squared; and

 

(2)        the intention of the applicant to undertake dredging to the internal area of the boathouse be noted.

LA/22

Application to Amend Encroachment Status - Watersedge, Storrs Park, Windermere pdf icon PDF 145 KB

To consider an application to amend the encroachment status.

 

Please note that, in accordance with Section 100B(2) of the Local Government Act 1972, Appendix 1 to the report is excluded from inspection by members of the public as it contains information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:-

 

- Information which is likely to reveal the identity of an individual.  (Paragraph 2)

 

- Information relating to the financial or business affairs of any particular person (including the authority holding that information).  (Paragraph 3)

Additional documents:

Minutes:

The Director of Policy and Resources (Monitoring Officer) presented an application for an alteration in the charging rate relating to the Boathouse, Watersedge, Storrs Park, Windermere, from a commercial charging basis to a residential basis.  The premise of the application was that the property had been transferred into a family trust for inheritance tax purposes but was being used, and always had been used, as family property.

 

Appendix 2 to the report was the guidance that had been approved by the Lake Administration Committee in April 2018.  The report also drew attention to the fact that, for Council Tax purposes, the property was classified as being a small business.  In addition, the applicant was of the opinion that the charging had been on a commercial basis since the Trust had been created in 2013.  It was pointed out, however, that it was only in April 2018 that a decision had been made by the Committee to allow those who held property in trust but used it for residential purposes to make an application for consideration by the Committee for the commercial encroachment to be treated as a residential encroachment.  It was noted that, in accordance with the guidance approved by the Committee in April 2018, any decision to change the charging status to residential would take effect from the first day of the month following the decision having been made.

 

Note – During consideration of the item, Members voted to move into Part II to discuss Appendix 1 to the report which contained a copy of the application and supporting documents.

LA/23

Press and Public

Minutes:

RESOLVED – That, under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the Paragraphs indicated.

LA/24

Application to Amend Encroachment Status - Watersedge, Storrs Park, Windermere - Appendix 1

Minutes:

The Solicitor (Property and Contracts) provided clarification on a query relating to one of the supporting documents.

 

Note – Following this discussion, Members voted to move back into Part I.

LA/25

Re-admission of Press and Public

Minutes:

RESOLVED – That the press and public be re-admitted to the meeting.

LA/26

Application to Amend Encroachment Status - Watersedge, Storrs Park, Windermere

Minutes:

RESOLVED – That the application to alter the charging rate relating to the Boathouse, Watersedge, Storrs Park, Windermere, from a commercial charging basis to a residential basis be granted.