Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Only decisions taken after 5th March 2012 will be included in this search

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Decisions published

07/10/2019 - Appeal - 2019/20 - 003 ref: 4187    Recommendations Approved

Decision Maker: Appeals Sub-Committee

Made at meeting: 07/10/2019 - Appeals Sub-Committee

Decision published: 11/10/2019

Effective from: 07/10/2019


04/10/2019 - Progress Report ref: 4182    Recommendations Approved

Decision Maker: Lake Administration Committee

Made at meeting: 04/10/2019 - Lake Administration Committee

Decision published: 10/10/2019

Effective from: 04/10/2019

Decision:

The Operational Lead Delivery and Commercial Services provided a verbal update on progress being made on decisions taken at previous meetings of the Committee.  He informed Members that the Windermere Lake Action Plan Steering Group would be meeting in December.

 

RESOLVED – That the report be noted.


04/10/2019 - Update on commercial leases and annual encroachments ref: 4186    For Determination

To update Members on commercial leases and annual encroachments around the Lake and the current position in relation to debt recovery actions.

Decision Maker: Lake Administration Committee

Made at meeting: 04/10/2019 - Lake Administration Committee

Decision published: 10/10/2019

Effective from: 04/10/2019

Wards affected: Ambleside & Grasmere; Bowness & Levens; Windermere;

Lead officer: Linda Fisher, Julia Krier, Josie Smith


04/10/2019 - Encroachment application to install a new wooden jetty at Louper Weir Windermere ref: 4184    For Determination

Decision Maker: Lake Administration Committee

Made at meeting: 04/10/2019 - Lake Administration Committee

Decision published: 10/10/2019

Effective from: 04/10/2019

Decision:

The Principal Lake and Parking Services Officer presented a report outlining a retrospective encroachment application to install a new wooden jetty at Louper Weir Windermere. The application provided details of the construction of the new jetty of a traditional wooden construction with wooden piles measuring 26.2m². The report indicated that a meeting had been held with the applicant, who had been unaware that the jetty had been installed due to a break down in communications with the sub-contractors. The report highlighted that the application had had full planning consent by the Lake District National Park Authority and the Environment Agency.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) informed Members that the report written by the Officer had been based on the merits of the application and had not made a recommendation, due to the application being made retrospectively. In addition, she reiterated Members’ comments that the application should be viewed afresh, ignoring the fact that the application had been made in retrospect.

 

Members expressed concern at the retrospective nature of the application and it was felt that a letter should be sent to the applicant expressing the Committee’s disappointment.  In addition, it was raised that the consultation process with regard to planning applications relating to encroachments might be re-examined.

 

RESOLVED – That

 

(1)        the Director of Customer and Commercial Services be delegated authority to grant permission, subject to the completion of a revised private encroachment agreement for the installation of a new wooden jetty at Louper Weir, Windermere; and

 

(2)        a letter be sent to the applicant, expressing the Committee’s disappointment with regard to the retrospective application.

Wards affected: Bowness & Levens;

Lead officer: Frankie Flannigan


04/10/2019 - Lake Windermere Fees and Charges 2020/21 ref: 4183    For Determination

Proposed fees and charges for the 2020/21 financial year.

Decision Maker: Lake Administration Committee

Made at meeting: 04/10/2019 - Lake Administration Committee

Decision published: 10/10/2019

Effective from: 04/10/2019

Decision:

The Operational Lead Delivery and Commercial Services presented a report including proposals for Fees and Charges relating to Windermere Lake and the Lake Wardens Services for the 2020/21 financial year.

 

The fees covered six 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);

·         marina berths;

·         license fees; and

·         legal fees.

 

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.

 

Discussion took place with regard to legal fees and the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) explained in detail the type of work carried out by the Legal Team in this regard.

 

RESOLVED – That the Fees and Charges, as set out in both Appendix 1 and 2 to the report, be approved.

Wards affected: (All Wards);

Lead officer: Sion Thomas


04/10/2019 - Encroachment Application to install two new wooden jetties at the Lake District Boat Club Windermere ref: 4185    For Determination

Decision Maker: Lake Administration Committee

Made at meeting: 04/10/2019 - Lake Administration Committee

Decision published: 10/10/2019

Effective from: 04/10/2019

Decision:

The Principal Lake and Parking Services Officer presented a report outlining an encroachment application at the Lake District Boat Club, Windermere. The application sought to install two new wooden jetties at the Lake District Boat Club and remove the three old wooden jetties. The dimensions for the proposed northern jetty were 45.24m² and the southern jetty, 40.43m²; both jetties were to be located close to the original jetty locations. The report highlighted support from both the Lake District National Park Authority and the Environment Agency.

 

Members felt that the application presented an opportunity for improved use of space.

 

RESOLVED – That the Director of Customer and Commercial Services be delegated authority to grant permission, subject to the completion of a revised commercial encroachment agreement for the following at the Lake District Boat Club, Windermere:-

 

(1)        removal of three old wooden jetties; and

 

(2)        installation of two new wooden jetties.

Wards affected: Bowness & Levens;

Lead officer: Frankie Flannigan


19/09/2019 - External Auditor's Progress Report and Update ref: 4178    Recommendations Approved

Decision Maker: Audit Committee

Made at meeting: 19/09/2019 - Audit Committee

Decision published: 01/10/2019

Effective from: 19/09/2019

Decision:

Gareth Kelly, External Audit, presented a report providing the Committee with a summary of the progress made by Grant Thornton in delivering their responsibilities, in line with the standard timetable, as the Council’s External Auditors as of March 2019.  The report also included details of emerging national issues and developments that might be relevant to the Council.

 

RESOLVED – That the progress made by External Auditors as of September 2019 be noted.


19/09/2019 - Internal Audit Progress Report 2019/20 ref: 4176    Recommendations Approved

Decision Maker: Audit Committee

Made at meeting: 19/09/2019 - Audit Committee

Decision published: 01/10/2019

Effective from: 19/09/2019

Decision:

Peter Harrison, Internal Audit, introduced the Internal Audit Progress Report 2019/20.  Appendix 1 to the report provided a summary of the progress against the Internal Audit Annual Plan as at September 2019.

 

Mr Harrison referred to staff resources issues within his team as raised at AUD/23 above, reiterating that an interim update on progress on implementation of previous internal audit recommendations would be reported to the Committee's December meeting, with an interim update being sent to Members in October 2019.  He acknowledged slippage, however, recognised the need to ensure that the work was completed, assuring Members that the Plan would be delivered by the end of March 2020.  The Finance Lead Specialist (Section 151 Officer) informed Members that there had been no areas of concern in relation to progress on implementation of previous recommendations when the monitoring report had been presented to Committee by Council staff at the last meeting.  She further reported that officers were making themselves available as necessary in order to assist in completing the schedule by the end of the financial year.

 

Mr Harrison presented an executive summary relating to the Assurance Review of Household Waste Collection.  The audit report had resulted in an assessment of reasonable assurance, with two important and one routine action points having been identified.  Concern was expressed with regard to Recommendation No.3 relating to fleet tracking data and speeding instances.  The Director of Strategy, Innovation and Resources informed the Committee that once staff had been made aware that there was an emphasis on checking tracking data, there had been a reduction in these figures.  This was continually being re-emphasised to staff, and he undertook to ensure that the concern raised by the Audit Committee was conveyed to managers and passed on to drivers.

 

RESOLVED – That the following be noted:-

 

(1)        the progress achieved in 2019/20 in delivering the Audit Plan and the outcomes of completed audit reviews, as set out in Appendix 1 to the report; and

 

(2)        the audit report, as set out in Appendix 2 to the report.


19/09/2019 - Annual Audit Letter for South Lakeland District Council Year Ending 31 March 2019 ref: 4179    Recommendations Approved

Decision Maker: Audit Committee

Made at meeting: 19/09/2019 - Audit Committee

Decision published: 01/10/2019

Effective from: 19/09/2019

Decision:

The External Audit Annual Letter, which summarised the key findings arising from work carried out by External Audit at the Council for the year ended 31 March 2019, was presented by Garth Kelly, External Audit.

 

The key messages were that External Audit had provided an unqualified opinion on the Council’s financial statements on 30 July 2019.  External Audit was satisfied that the Council had in place proper arrangements to ensure economy, efficiency and effectiveness in its use of resources during the year ended 31 March 2019.  External Audit had certified that it had completed the audit of the accounts of South Lakeland District Council in accordance with the requirements of the National Audit Office’s Code of Audit Practice on 30 July 2018.

 

In response to a query, Mr Kelly explained that additional work was required to compete the 2018/19 audit which would increase the audit fee.  The Letter included reference to £1,500 for additional work relating to the McCloud ruling on public sector pensions and the potential impact on the Council’s pension liability.  Additional fees of £3,000 were also being requested on top of this for additional work identified by a review of standards by the Financial Reporting Council relating to pension and the use of experts in the valuation of property, plant and equipment.  The final Audit Letter would be distributed to all Members of the Council.

 

RESOLVED – That the contents of the Annual External Audit Letter for the year ended 31 March 2019 be noted.


19/09/2019 - Audit Committee 2019/20 Work Programme ref: 4180    Recommendations Approved

Decision Maker: Audit Committee

Made at meeting: 19/09/2019 - Audit Committee

Decision published: 01/10/2019

Effective from: 19/09/2019

Decision:

The Finance Lead Specialist (Section 151 Officer) introduced the 2019/20 Work Programme.  She informed Members that the Internal Audit Progress Report being presented at this meeting did not include information relating to the latest position on the implementation of previous internal audit recommendations.  This was due to staff resource implications, and Members of the Committee would be provided with a written update during October 2019.  She also advised that the Bi-annual Review of the Whistleblowing Policy, which had been due to be presented at this meeting, would instead be brought to the December meeting of the Committee.

 

RESOLVED – That progress against the Audit Committee’s 2019/20 Work Programme be noted.


19/09/2019 - Customer Connect Programme Management ref: 4181    For Determination

Quarterly update on Risks, Issues and Budget for Members of the Audit Committee

Decision Maker: Audit Committee

Made at meeting: 19/09/2019 - Audit Committee

Decision published: 01/10/2019

Effective from: 19/09/2019

Lead officer: Claire Gould


19/09/2019 - Review of effectiveness of Internal Audit ref: 4177    For Determination

The annual review of the effectiveness of internal audit; it is good practice to carry out a regular review and report the results to Audit Committee.

Decision Maker: Audit Committee

Made at meeting: 19/09/2019 - Audit Committee

Decision published: 01/10/2019

Effective from: 19/09/2019

Decision:

The Finance Lead Specialist (Section 151 Officer) presented a report which provided the Committee with assurance to enable it to endorse the view that the Council has an effective system of Internal Audit.

 

The Council’s internal audit service was provided by TIAA Ltd under a contract which had commenced on 1 April 2016.

 

The Accounts and Audit Regulations 2015 included a requirement for the Council to conduct a review of the effectiveness of its system of internal control at least once a year.  The internal audit function was a key element of that internal control. For the purposes of the review, the areas of assurance which had been relied upon were as follows:-

 

           Public Sector Internal Audit Standards;

           Audit Charter;

           Head of Internal Audit Opinion – 2018/19; and

           Performance Indicators.

 

A checklist based on the CIPFA Statement on the Role of the Head of Internal Audit 2010 was attached at Appendix 1 to the report, together with self-assessment of compliance; all responses regarding conformance were positive.

 

RESOLVED – That the conclusion that the Council has an effective system of internal audit in place that complies with the principles of the Public Sector Internal Audit Standards be endorsed.

Lead officer: Claire Read, Helen Smith


19/09/2019 - Annual Review of Anti-Fraud Policy and Activity ref: 4175    For Determination

Review of anti-fraud policy and activity.

Decision Maker: Audit Committee

Made at meeting: 19/09/2019 - Audit Committee

Decision published: 01/10/2019

Effective from: 19/09/2019

Decision:

The Finance Lead Specialist (Section 151 Officer) introduced a report detailing the results of the annual review of the Council’s Anti-Bribery, Fraud and Corruption Policy and statistical data on cases where sources of information had indicated that fraudulent activity might have been occurring.

 

The last review of the Anti-Bribery, Fraud and Corruption Policy had been conducted by the Audit Committee in September 2018, with no amendments required.  The Policy, attached as Appendix 1 to the report, had been updated to reflect new job titles and roles arising from Phase 1 of Customer Connect.  CIPFA’s Counter-Fraud Assessment Tool was also attached at Appendix 4.  The Counter Fraud Strategy approved by the Audit Committee in September 2017 had also been updated to reflect new job roles and was attached at Appendix 2.  Attached at Appendix 3 to the report was the Anti-Money Laundering Policy, also updated to reflect new job roles and titles.  In addition, the Fighting Fraud and Corruption Locally 2016-19 and a summary of work undertaken and the outcome of investigations excluding National Fraud Initiative investigations were attached at Appendices 5 and 6 respectively.

 

A question having been raised as to whether the Council’s procedures adequately covered the issue of fraud and cyber attacks, the Finance Lead Specialist (Section 151 Officer) explained that arrangements had been thoroughly reviewed and that appropriate policies were in place with regard to internet use, data security and prevention of cyber crime.  The Authority had, in addition, taken out cyber security insurance cover this year.  In response to a positive comment regarding identification of fraud, she explained that the Department of Work and Pensions having taken over responsibility for sanctioning Housing Benefit cases in 2015, the areas being examined by the Council had changed and that focus was on those of highest risk.  The Finance Lead Specialist undertook to address a suggestion raised with regard to anti-fraud procedures in the light of recent changes in staffing.

 

RESOLVED – That

 

(1)        the following be noted:-

 

(a)        the review of the Anti-Bribery, Fraud and Corruption Policy and the Anti-Money Laundering Policy;

 

(b)        the review against the CIPFA Code of Practice on Managing the Risk of Fraud and Corruption Counter-Fraud Assessment Tool and Fighting Fraud and Corruption Locally 2016-29 Checklist; and

 

(c)        anti-fraud activity; and

 

(2)        the amendments to the Anti-Bribery, Fraud and Corruption Policy and the Anti-Money Laundering Policy be recommended to full Council for approval.

Wards affected: (All Wards);

Lead officer: Claire Read, Helen Smith


26/09/2019 - Local Plan Review - Evidence Base Studies and Professional Advice ref: 4174    For Determination

Request to add the procurement of additional evidence base studies and professional advice in support of the Local Plan Review.

Decision Maker: Delegated Executive Decisions

Made at meeting: 26/09/2019 - Delegated Executive Decisions

Decision published: 27/09/2019

Effective from: 05/10/2019

Decision:

(Director of Strategy, Innovation and Resources)

 

Summary

 

South Lakeland District Council was the Planning Authority for South Lakeland outside the National Parks and responsible for preparing the South Lakeland Local Plan.  The National Planning Policy Framework stated that Local Plan policies should be reviewed at least every five years from the date of their adoption, and a review of the Local Plan documents was underway.  The Local Plan review would update local planning policies, where necessary, to take account of the latest National Planning Policy Framework and National Planning Practice Guidance. It would also review and supplement the allocation of land for housing and employment to meet latest evidence of need. The review also provided an opportunity to ensure local planning policy reflected the needs of communities and priorities and objectives in the Council Plan where these could be advanced through the planning of new development.

 

Robust and up-to-date evidence was essential to ensuring that the Local Plan was justified and found sound at independent examination. Studies were undertaken where possible by the Council’s planning policy officers, but in some areas it was necessary to obtain external professional expertise.  Approval was, therefore, being sought for the addition to the procurement schedule of the further evidence studies and professional advice set out below, to be undertaken during (or commence within) year 2019/20. These could be undertaken within existing budgets and were each estimated to fall below £60,000.

 

·         An Employment Land and Premises Review - this study would provide information on the estimated need for employment land and premises over the plan period and also assess whether the currently allocated employment sites comprised the right amount, type and locations to meet that need.

  

·         Green Infrastructure, Open Space and Sport/Recreation study and strategy - this would assess current green infrastructure provision, and its various roles, for example for biodiversity, recreation, access and Green Gap review, to inform the needs and opportunities to improve green infrastructure through new planned development to 2040.

 

Decision

 

Approval be given for the addition to the 2019/20 Procurement Schedule of the studies set out in paragraph 3.4 to the report, as required to contribute to a robust evidence base for the Local Plan Review.

 

Reasons for Decision

 

The decision is in relation to the procurement of additional evidence base studies to inform the preparation of the review of the South Lakeland Local Plan. A robust evidence base is an important element in plan making, as the soundness of the reviewed Local Plan will be the subject of independent examination by an Inspector, whose assessment will include considering if the submitted Plan is justified and based on proportionate and well-founded evidence.

 

In addition, the Local Plan Review, supported by robust evidence and professional advice, has a fundamentally-important role in delivering the priorities set out in the Council Plan (2019-2024) including in relation to the overarching themes of Health and Environment, Economy and Culture and Housing and Communities. Specific elements of the Local Plan Review relevant to delivering on Council Plan priorities include:-

 

·         Working Across boundaries

o   preparing a new Local Plan

·         Creating balanced communities

o   delivering affordable homes

·         Reducing Inequalities

o   Improving air quality and reducing pollution

·         Sustainable environment and inclusive economy

o   Ensuring new development is sustainable, energy efficient and flood resilient

o   Developing town centres which are attractive, and accessible for living, working, culture and leisure

o   Encouraging walking and cycling  

 

Alternative Options Considered and Rejected

 

The additional evidence and professional advice required, as set out in paragraph 3.4 of the report, is considered essential to informing and justifying recommendations within the Local Plan Review.  The additional professional advice sought cannot be obtained within the Council but options will be explored as to whether this may be procured jointly with neighbouring authorities.  Studies are undertaken in-house where possible.  This option has been considered for the Employment Land and Green Infrastructure studies, but it is considered that both require professional expertise not available within the Council.

Wards affected: Arnside & Milnthorpe; Bowness & Levens; Broughton & Coniston; Burton & Crooklands; Cartmel; Furness Peninsula; Grange; Kendal East; Kendal North; Kendal Rural; Kendal South & Natland; Kendal Town; Kendal West; Sedbergh & Kirkby Lonsdale; Ulverston East; Ulverston West;

Lead officer: Alastair McNeill