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

06/02/2019 - Cabinet Appointments/Representation on Outside Bodies 2018/19 ref: 3953    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

Further to CEX/8 and, more recently, CEX/74 (2018/19) when a decision was deferred in order for further discussion to take place, Cabinet was 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.

 

The Leader and Promoting South Lakeland Portfolio Holder informed Members that considerable time had been spent colleagues in discussing the matter.  The conclusion which had been reached was that, due to the sensitive nature and importance of the issue, it was felt necessary for the views of the administration to be taken into consideration by the Co-ordinating Group, and he, therefore proposed that Councillor Ian Mitchell should act as the Council’s representative.

 

In response to a comment, the Leader and Promoting South Lakeland Portfolio Holder advised that Councillor Mitchell had indicated that he would be available to attend the meetings of the Co-ordination Group.

 

Decision

 

RESOLVED – That Councillor Ian Mitchell be appointed as the Council’s representative on the Appleby Fair Multi-Agency Strategic Co-ordinating Group.

 

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.


06/02/2019 - Waste and Recycling Collection Policy ref: 3943    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Environment Portfolio Holder introduced the report, informing Members that the Waste and Recycling Collection Policy set out rules and standards to provide clarity for residents about how the new waste and recycling collection system would be operated and what responsibilities they and the Council had.  In addition, the policy sought to minimise the number of complaints and disputes arising from residents.  Members would also have clear recourse to Council Policy when answering queries from residents on the Waste and Recycling Collection Service.

 

The Policy covered assisted collections, side waste, presentation of receptacles for emptying and collection, service to rural properties, bin replacement and repair, additional waste and recycling bins, enforcement procedures, services to charities and community organisations and clinical waste.

 

Under Section 45(1) of the Environmental Protection Act 1990, the authority had a duty to collect household waste except where it was situated at a place which in the opinion of the authority was so isolated or inaccessible that the cost of collecting it would be unreasonably high and adequate alternative arrangements could be made or had been made for its collection.  Section 46(4)(b) gave the authority the power to require waste receptacles to be located so as to facilitate the emptying of them.  The Policy was intended to provide clarity for residents.  This was especially pertinent to certain property types, such as remote areas or areas with long private drives.

 

An audit of residual waste which had been undertaken in October 2018 indicated relatively high levels of ‘side waste’ presented with grey bins (10%).  This Policy sought to address this by proposing a closed lid policy and educating householders to actively participate fully in waste minimisation and recycling of waste.  A sample of side waste had been tested and found to be at least 75% recyclable material.

 

Garden waste tonnages declined in winter months and, currently, the Council suspended Green Waste collections for up to six weeks, diverting resources to collect residual waste.  The Policy proposed a period of suspension for up to ten weeks each winter for garden waste collections and a continuation of fortnightly residual waste collections to allow allocation of resources to other key services like recycling collections, training and verge litter picking.  This proposed suspension was likely to result in a very small reduction in the recycling credit received for recycled green waste that may otherwise have been collected over this time.  It was not possible to quantify precisely what the reduction might be but it was considered to be minimal.

 

The proposal would, however, create greater efficiencies that would outweigh any loss that might arise, as detailed below:-

 

·         there would be savings and efficiencies as staff would not be required to attend work over weekends to complete health and safety and other training;

·         there would also be savings of 18,000 litres of fuel (based upon ten weeks) from usage alone, as the vehicles would not be used for green waste collections; and

·         the Council was also required to carry out Health Screening for things such as hand arm vibration, skin conditions, eye sight and hearing, and currently these tests were undertaken during the staff members’ own time, with overtime paid at the appropriate rate (so as to maintain service delivery).

 

The revised suspension of Green Waste collections enabled the following efficiencies and savings:-

 

·         fuel savings of circa 18,000 litres (over ten weeks);

·         carbon reduction from reduced mileage;

·         staff overtime savings from attending courses and health screening in none-work time;

·         vehicle wear and tear (tyre savings); and

·         staff redeployed to other work areas, such as verge litter picking.

 

The policy proposed that, from 1 April 2019, a delivery/administration charge would be introduced for the delivery of bins, boxes and bags to all new housing developments.  This charge would apply for a full suite of bins and boxes, at a total cost of £60 per household.  If implemented, then the charge would be kept under review as part of the annual review of fees and charges.  During 2017/18, there had been circa 320 new properties built and occupied, and this would see a net income of £16,000 per annum.

 

In exceptional circumstances, the Policy would offer additional residual waste capacity for householders.  Arrangements could be made to help those who need a larger or extra bin for their non-recyclable waste.  In these cases, an assessment might be carried out before any extra capacity was issued.  Additional bins would be considered for households with more than six persons permanently living at the property or for households with residents who had a particular medical condition.

 

The Policy proposed a more structured approach where assisted collections were considered necessary following assessment.  An annual audit would take place to ensure that the service remained the most appropriate for the household.

 

Members were requested to approve the Policy and to agree the delivery charges to new developments as set out in the report.

 

A number of questions were raised.

 

Clarity was sought with regard to the closed lid policy which raised concerns whereby ‘side waste’ not collected from properties would affect residents in neighbouring properties.  The Community and Leisure Manager explained that these issues would be addressed through engagement and education, with enforcement being used as a last resort.

 

In response to a query regarding charging for new bin deliveries, the Environment Portfolio Holder explained that this related only to new housing developments, the fee to be paid by the developer.  With regard to existing household bins that broke, these would continue to be replaced.  The Community and Leisure Manager provided further clarification, adding that the figures quoted related to the provision of the bins, administration of the request, delivery and staff time for delivery.  The Finance Portfolio Holder explained that the additional 20% was for VAT, as this was a VAT chargeable activity.  The Leader and Promoting South Lakeland Portfolio Holder suggested that if further information was required in relation to charges for new bin deliveries, a detailed request should be put in writing to the Environment Portfolio Holder.

 

The Environment Portfolio Holder agreed with a suggestion that the list of items to be treated as contaminants in recycling bins or boxes contained within Section 6 of the Policy should be further publicised and undertook to ensure that this was carried out during the next year.

 

The Portfolio Holder agreed with the need to include further definition and clarity at Section 7 of the Policy regarding service to charities and community organisations.

 

With regard to concern expressed regarding the timescales relating to applications for assisted collections, the Community and Leisure Manager explained that locality teams would work within their areas to find out about and interview those who required help.

 

The Finance Portfolio Holder drew attention to the need to educate residents to act in a responsible manner and also the Council’s fiduciary duty to provide a financially efficient service, for example, through charging developers for new bins.

 

Decision

 

RESOLVED – That

 

(1)        the Waste and Recycling Policy, as set out at Appendix 1 to the report, be approved; and

 

(2)        from 1 April 2019, delivery charges, as detailed in Section 3.8 to the report and the Policy at Appendix 1 to the report, be made for the administration delivery of bins, boxes and bags to all new housing developments, the charging rate to be reviewed as part of the Council’s annual fees and charges.

 

Reasons for Decision

 

To support the following aims and objectives in the Council Plan:-

 

           contribute to minimising waste arising and increasing recycling rate; and

 

           ensuring all households receive an equitable service.

 

The Policy provides clarity, transparency and a consistent approach to delivering the priorities within the resources available.

 

The aim of the Policy is to ensure that the waste and recycling services operate efficiently and effectively.  The adoption of the Policy will result in greater consistency in terms of service delivery, with standards of service being clear, transparent and in accordance with the Council Plan ambitions.

 

Alternative Options Considered and Rejected

 

As set out within the report.

Wards affected: (All Wards);


06/02/2019 - 2019/20 Procurement Strategy and Procurement Schedule ref: 3950    For Determination

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Finance Portfolio Holder, reported that the Council’s three-year Sustainable Procurement and Commissioning Strategy had been approved in 2016.  During 2019, an exercise would be carried out to review the document to ensure that it met the Council’s needs in the future under the Customer Connect model.  During 2018, the Local Government Association had published an updated National Procurement Strategy.  Many of the proposals in this national strategy were already reflected in the Council’s Strategy, but some minor changes were proposed around strategic contact management, supplier engagement and social value.  References to legislation and the Council Plan had also been updated. Appendix 1 to the report updated the Council’s existing Strategy to reflect these changes.

 

Since April 2016, the Council’s Constitution had permitted officers to conduct and conclude the contracting processes without further approval, providing it was in line with the Procurement Schedule, to be approved by Council at least annually.  Where a procurement process was over budget, then approval would still be required in accordance with the Financial Procedure Rules.  Where an officer sought approval for a waiver or exemption under the Contract Procedure Rules, this was also included in the Procurement Schedule.

 

The Procurement Schedule for 2019/20 was attached at Appendix 2 to the report.  There were 78 procurement projects identified, which was slightly lower than the 83 procurement exercises originally approved for 2018/19.

 

The report had also been considered by the Overview and Scrutiny Committee on 1 February 2019.

 

Decision

 

RESOLVED – That Council be recommended to approve the following:-

 

(1)        the updated Sustainable Procurement and Commissioning Strategy attached at Appendix 1 to the report; and

 

(2)        the Procurement Schedule for 2019/20 attached at Appendix 2 to the report.

 

Reasons for Decision

 

It is expected that Council will ensure Value for Money in the provision of services and improve the efficiency of its procurement activities through the approval of the procurement exercises proposed for 2019/20 and the updates proposed to the Procurement Strategy.

 

Alternative Options Considered and Rejected

 

Council could decide not to approve all or part of the Procurement Schedule.  This would mean that separate acceptance reports may be required for all or specific tenders.

Lead officer: Helen Smith


06/02/2019 - Corporate Financial Monitoring Quarter 3 2018/19 ref: 3949    For Determination

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Finance Portfolio Holder presented the third quarter financial monitoring report of 2018/19.  The report provided an update on how the financial situation was progressing during this year.  In part, it was backward looking, highlighting the Council’s expenditure and income during the first nine months of the financial year, but also including the Council’s current projections of expenditure during the rest of the year.

 

The Portfolio Holder provided details relating to the revenue budget, capital expenditure, collection of Council Tax and business rates and the Council’s current position with regard to debt collection, details of which were contained within the report and appendices.

 

Appendix 1 set out the revenue variances to date.  Overall, at the end of Quarter 3, budget monitoring had identified a forecast year-end underspend of £260,000.  In addition, there were projected to be £273,000 of carry-forward requests.  Trends identified in these budget monitoring results had been fed into the 2019/20 budget setting process.

 

Appendix 2 set out the position on the Capital Programme. The capital budget at Quarter 2 2018/19 had stood at £9.795m. Carry-forwards to 2019/20 of £1.557m relating to the ERDF Flood Alleviation scheme and £300,000 relating to the Cross-a-Moor junction and an increase to the Millerground Play scheme of £12,000 due to additional funding had been approved by Council on 18 December 2018 as part of the updated Capital Programme submitted with the 2019/20 Draft Budget.  This resulted in a 2018/19 Capital Programme of £7.950m at the end of Quarter 3.  Expenditure against this Programme to the end of Quarter 3 had been £3.205m.  There was anticipated to be significant expenditure during Quarter 4 and £0.458m of further re-profiling had been identified.  A revised Programme was presented as part of the budget process, including any new schemes prioritised against the available funding.

 

Appendix 3 provided an update on Treasury Management for the quarter.  There was one issue to report in terms of compliance with the approved Treasury Management Strategy relating to counterparty limits which had arisen as a result of an administrative error, as detailed within the report.  Investments had performed better than the relevant benchmarks except in relation to long-term core investments due to the change in interest rates.  No repayment of existing borrowing or new borrowing was anticipated up to the end of the financial year.

 

As part of the 2018/19 Budget Setting process, Council had agreed the removal of budgets in relation to the Social Lettings scheme, as Government had announced an end to the initiative.  Subsequently, a reversal of Government policy had led to the Council continuing to provide this service.  No budgets existed for this service, but the Council continued to incur expenditure and receive income in the form of Housing Benefit to cover the costs of lettings.  It was, therefore, necessary to establish interim budgets for the remainder of 2018/19 to ensure proper authority to incur expenditure was in place.  Therefore Cabinet was being asked to request that Council approve the creation of a £140,000 expenditure budget for the Social Lettings scheme, along with a corresponding £140,000 income budget for only the 2018/19 financial year, with a commitment from management to review service provision in future years.

 

Both the Portfolio Holder and the Leader and Promoting South Lakeland Portfolio Holder thanked officers for their work in highlighting the challenges in the budgets and allowing the Management Team to take corrective action.

 

Decision

 

RESOLVED – That

 

(1)        the contents of the report be noted; and

 

(2)        Council be requested to approve the budget changes to increase the income and expenditure budgets by £140,000, as outlined in paragraph 3.5.1 to the report and outlined above.

 

Reasons for Decision

 

Regular budget monitoring forms part of the corporate governance arrangements that support all Council priorities.

 

Alternative Options Considered and Rejected

 

There are no alternative options.

Lead officer: Lee Hurst


06/02/2019 - Council Policy on Climate Change ref: 3945    For Determination

The corporate Council Policy on Climate Change is adopted to form part of the Council’s Policy Framework.

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Deputy Leader and Housing, People and Innovation Portfolio Holder reported that, as part of the work of the Green Team, a corporate Council Policy on Climate Change as detailed in Appendix 3 to the report, had been drafted.

 

The Policy represented a public recognition of the importance of Climate Change, an awareness of the economic and other opportunities offered by both tackling and adapting to meet the challenge of climate change and a series of ways in which the Council could reflect the importance of climate change, both in how it managed itself and how it worked with partners at the local, regional and national level.

 

The Policy set out the following Council commitments:-

 

·         Work with central government, county and neighbouring councils, national park authorities and other stakeholders, to contribute, at a local level, to the delivery of the target for carbon dioxide reduction set out in the UK Carbon budget by 2022 and other local and regional carbon reduction targets.

·         Participate in local and regional networks for support.

·         Develop plans and support projects with our partners and local communities to progressively address the causes and the impacts of climate change, according to our local priorities, securing maximum benefit for our communities.

·         Publicly declare, within appropriate plans and strategies, the commitment to achieve a reduction of greenhouse gas emissions from our own authority's operations, especially energy sourcing and use, travel and transport, waste production and disposal and the purchasing of goods and services.

·         Assess the risk associated with climate change and the implications for our services and our communities of climate change impacts and adapt accordingly.

·         Encourage all sectors in our local community to take the opportunity to adapt to the impacts of climate change, to reduce their own greenhouse gas emissions and to make public their commitment to action.

·         Monitor the progress of our plans against the actions needed and publish the result.

·         Work with others to mitigate greenhouse gas emissions and adapt to climate change.

 

The Portfolio Holder hoped all Members would be content to endorse the Policy and lead the way forward.

 

Members acknowledged a need for collaborative working, to recognise the wider implications and their responsibility to engaged and lead the way with colleagues and local communities.

 

The Leader and Promoting South Lakeland Portfolio Holder thanked the Environment Portfolio Holder for her leadership with regard to Climate Change.  He stressed the fact that predictions were becoming ever more dramatic and drew attention to the role that local authorities had to play in terms of their own estate and influencing others.

 

Decision

 

RESOLVED – That the corporate Council Policy on Climate Change be approved for recommendation to Council for adoption as part of the Council’s Policy Framework.

 

Reasons for Decision

 

The Council Policy on Climate change is a key strategic document for the organisation.  The Policy forms part of the overall Policy Framework.

 

Alternative Options Considered and Rejected

 

The alternative option is not to approve the Council policy on Climate Change as part of the Council’s Policy Framework.  This is not recommended as the Policy acknowledges that climate change is occurring, and seeks to maximise the social, economic and environmental benefits which come from combating, and developing resilience to, climate change and developing a sustainable economy.

Lead officer: Dan Hudson, Paul Mountford


06/02/2019 - 2019/20 to 2023/24 Draft Budget ref: 3952    For Determination

To consider the latest draft budget for 2019/20 to 2023/24.

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Finance Portfolio Holder presented the latest 2019/20 Five Year Draft Budget.  Following the multiyear settlement for 2016/17 to 2019/20, there had been relatively few budget changes arising from the provisional Local Government Finance Settlement.  A balanced budget for 2019/20 was presented, including an increase in the Band D Council tax of £5.

 

The Portfolio Holder highlighted the main changes which had arisen since consideration of the budget on 18 December 2018, namely:-

 

·         additions to the Capital Programme:-

 

o   South Lakeland House/Kendal Town Hall - £4.7m plus £200,000 in revenue; and

o   Windermere Road Car Park Grange - £100,000;

 

·         reprofiling of £458,000 of capital expenditure to 2019/20 and additional ERDF grant (and expenditure) of £670,000 and DRF grant of £132,000 (no change in expenditure);

 

·         inclusion of Council Tax Collection Fund surplus of £42,200 – mainly due to increase in empty properties and loss of new-build to holiday lets;

 

·         updated interest payable and receivable calculations – to reflect that the Council was unlikely to borrow at 31 March 2018 but that there might be an increased need to borrow to fund the Capital Programme in future years; and

 

·         inclusion of additional one-off grants from the provisional local government finance settlement.

 

Overall, these changes had resulted in a movement from a need to use £120,000 of reserves to balance the general fund next year to a small contribution to reserves of £51,400.

 

The report included a summary position.  The Medium Term Financial Plan provided a summary five year annual position which included a projection of the overall surplus or deficit on the General Fund Revenue Budget.  The assumptions and financial implications were kept constantly under review as circumstances changed.  A summary of the know changes at this stage was provided at Table 1 of the report, with a more detailed analysis of expenditure and income at Appendix 2a to the report.  Table 1 set out the summarised estimated annual General Fund Budget requirement across the review period, including the projected deficits.  It also showed the savings identified and where the budgets had been reduced.

 

The projected annual revenue deficit totalled circa £800,000 in 2020/21 rising to circa £2.7m by 2023/24.  This position was after the inclusion of Customer Connect savings of £740,000k in 2019/20 and £1.550m from 2020/21 onwards.  These annual projections were based on information available at the time of preparation of the report, along with the broad set of assumptions detailed in paragraph 3.9 of the report.

 

Work was underway to resolve the projected deficits.  Future year estimates would be kept under review as part of the Medium Term Financial Plan process to ensure that savings plans were sufficient to set balanced budgets.

 

The July Medium Term Financial Plan had included £500,000 of unallocated growth which had now been removed.  The Council had a statutory duty to set a balanced budget.  Any additional budget pressures or discretionary, fixed term growth items would need to be funded by savings in existing budgets.

 

Significant savings would be required from 2020/21 onwards to produce balanced budgets for the future.  It was expected that the Customer Connect Programme would contribute a large part of the required savings.

 

The Portfolio Holder closed, saying that the Medium Term Financial Plan showed that the Council was in robust financial health and was maintaining services, delivering strategic projects and had a record of balancing the budget, whilst not having to raid reserves.  However, the significant uncertainties that lay ahead could not be ignored, particularly around potentially severe cuts in Government funding.  The Council was in a good position to face these, but major cuts in funding would pose a major challenge, and it was important that the Council took actions now that would help protect it, including the ambitious savings programme.  The Council would continue to work to find ways of facing this whilst minimising the impact on its residents in South Lakeland.

 

The Portfolio Holder thanked officers for their continued work in developing the budget.

 

Reference was made to the full fees and charges listing attached at Appendix 6 to the report and strong concern was expressed with regard to the 85% increase shown in the net fee for 2019/20 in relation to analysing a full suite of parameters in connection with private water supplies.  It was suggested that, as a gesture of good will, this increase be capped for a year, pending a review of private water supplies.  The Finance Portfolio Holder explained that the figure shown related to the total cost for a full suite of sampling that could be a requirement of the new regulations, but in practice this would be very unlikely to be applied at this level, as sampling was undertaken according to risk.  An example was the potential addition of Radon in the full suite of parameters testing for which would be unlikely to be undertaken as this was not a cause for concern in this area.  Additionally, he highlighted that the possible frequency of sampling could range from once every five years for a small, shared domestic supply to more frequently for the largest commercial suppliers.  He pointed out, however, that the Council had a duty to cover the costs related to the testing of private water supplies and also drew attention to the annual cost of water rates to those on mains water supply.

 

The Leader and Promoting South Lakeland Portfolio Holder suggested that further description was required at Appendix 6 under this item.  He also thanked officers for their prudent management of the Council’s finances.

 

During consideration of the item, it was pointed out that Councillor John Holmes, Shadow Executive Member (Finance Portfolio) had recently had a fall, which was why he was not present at the meeting.  Members wished him well.

 

Decision

 

RESOLVED – That

 

(1)        the proposals contained in the report to achieve a balanced budget in 2019/20 be noted; and

 

(2)        the Draft Budget 2019/20 to 2023/24 be recommended to Council for approval.

 

Reasons for Decision

 

The report sets out the draft Budget to enable the consideration of how the Council’s priorities will be delivered.  Setting a sound framework for budget preparation assists in the delivery of all corporate outcomes.  This strategy has been developed within the context of the Medium Term Financial Plan.

 

The expected outcome is that Council will be in a position to deliver the priorities set out in the Council Plan within its resources.  This will enable the statutory requirement to agree a balanced budget and to set the appropriate Council Tax level for 2019/20.

 

Alternative Options Considered and Rejected

 

The report presents alternative options in relation to potential budget pressures and savings, new Capital Programme bids, one off revenue growth bids and fees and charges.  The proposals together aim to meet the Council’s statutory duty to set a balanced Budget for 2019/20.

Wards affected: (All Wards);

Lead officer: Helen Smith


06/02/2019 - Council Plan ref: 3948    For Determination

The Council Plan sets out a vision, underpinned by three priorities that will guide how we work together with partners to make South Lakeland the best place to live, work and explore. The corporate Council Policy on Climate Change is adopted to form part of the Council’s Policy Framework.

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Council Plan set out the Council’s vision and priorities and formed part of a suite of corporate documents and linked closely with the Medium Term Financial Plan.  These documents formed part of the Council’s Policy Framework and underpinned the Council’s approach to governance and community leadership.  The current Council Plan was for the period 2014 to 2019, and had been updated on an annual basis since 2014.

 

Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder, presented a new draft Plan which was intended to run from 2019 to 2024.  In developing the Plan, the vision had been revised to add the words “working together” to reflect that the Council could not achieve its ambition alone, and that it worked with partners to deliver on its vision and ambitions.

 

The vision, as stated in the draft Council Plan, was, “Working together to make South Lakeland the best place to live, work and explore.”  To achieve the vision, the Council’s areas of focus were:-

 

·         creating an environment for people to thrive;

·         delivering excellent value-for-money, services;

·         playing a leading role and influencing others;

·         empowering customers and communities; and

·         forward thinking, innovative Council.

 

As with previous versions, the Council Plan retained the following values:-

 

·         Empowering People - By listening to our customers and our employees their ideas and comments will help us make improvements to customer service and workforce development.

·         Excellence - Seeking continuous improvement in what we do, ensuring that our actions address the needs of South Lakeland.

·         Open and Transparent - Being courteous, efficient and transparent in our dealings with the public.

 

The Council Plan set out the challenges and opportunities that the district faced in the short, medium and long term.  These were described in detail in Appendix 3 to the report.  In brief, the challenges and opportunities were:-

 

·         South Lakeland’s demography;

·         financial resilience;

·         affordable housing;

·         sustainability;

·         rise in obesity levels and inactivity;

·         access to better training and development; and

·         education and skills.

 

In order to meet the challenges and maximise opportunities, the Council Plan set out the delivery of the vision by:-

 

·         working across boundaries to deliver to communities;

·         creates the right balance across different age groups;

·         reduces inequalities so that no one is left behind; and

·         creates a sustainable and inclusive economy.

 

In addition to the Council Plan, an Executive Summary, detailed at Appendix 4 to the report, had been developed.  This document stated the high level priorities across the cross-cutting themes to deliver the overall strategic aims of the Council.

 

Developing a sustainable and inclusive economy was a key element of the new Council Plan.  This reflected growing awareness of the importance of Climate Change and the Council’s role in tackling it.

 

In line with the Performance Management Framework, the Council Plan Performance Monitoring reports detailed measures of success against the priorities within the Council Plan.  These were reported quarterly to the Overview and Scrutiny Committee.  Monitoring the success of the Council Plan through scorecards informed improvements and ensured Council services address the needs of residents in an open and transparent way.

 

The Plan had been developed following meetings held with Cabinet Members and officers.  Members of the Overview and Scrutiny Committee had considered the Plan on 11 January 2019 and the views and identified improvements raised at that meeting had further informed its development.  The Plan was due to be considered for adoption by Full Council on 26 February 2019.

 

The Environment Portfolio Holder took the opportunity to promote the work carried out by the Council in relation to parks and playgrounds and praised the involvement of Members, officers and community groups in achieving excellent results and demonstrating locality working.  The Leader and Promoting South Lakeland Portfolio Holder referred to a number of parks which had undergone refurbishment, such as Rothay Park and Flookburgh, and thanked the Environment Portfolio Holder for her part in these improvements.

 

The Deputy Leader and Housing, People and Innovation Portfolio Holder closed, thanking officers for their work.

 

Decision

 

RESOLVED – That the Council Plan 2019-2024 be approved for recommendation to Council for adoption.

 

Reasons for Decision

 

The Council Plan is the key strategic document for the organisation.  It sets out the Council priorities and is linked to all key strategies, including the Medium Term Financial Plan, Workforce Plan and Performance and Service Plans.  The Council Plan will form part of the Council’s Policy Framework.

 

Alternative Options Considered and Rejected

 

The alternative option is not to approve the Council Plan.  This is not recommended as the strategy sets the visions, values and delivery as the key strategy of the Council.  Not recommending the approval of the Plan would reduce the likelihood of the Council’s ambitions being delivered.

Lead officer: Laura Chapman, Dan Hudson, Paul Mountford


06/02/2019 - Community Grant Funding Review ref: 3947    For Determination

South Lakeland District Council (SLDC) will continue its financial support to key community organisations and further invest in strategic cultural partnerships funded through the Community Grants budget. This will be a targeted approach that further develops South Lakeland’s reputation as a leading rural cultural destination, strengthens the district’s cultural and creative industries and contributes to our community’s health and wellbeing.

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

Note – Councillor Janette Jenkinson declared a non-pecuniary interest in this item of business by virtue of the fact that she was a Director of Ulverston Community Enterprise.  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.

 

The Culture and Leisure Portfolio Holder introduced the report.  Details of the current and proposed Community Grants budget allocation were presented in Appendix 2.  For the purposes of this report, the review was focussing primarily on Strategic Cultural Partners and Strategic Community Arts and Events as the current arrangements for funding expired on 31 March 2019.  Previously these arrangements had been for three and two years respectively.

 

On 15 March 2018, a Delegated Executive Decision (DED) by the Director of Policy and Resources had agreed to a one year extension of the Strategic Community Arts and Events grants payments, for the 2018/19 financial year.  The previous funding agreements had been due to expire on 31 March 2018.  The DED had also agreed to conduct a review of all Community Grants payments, with recommendations going to Cabinet for implementation commencing the 2019/20 financial year.

 

The community grants for Strategic Community Arts and Events had originally been awarded on 9 April 2015 by a DED for funding in the 2015/16 and 2016/17 financial years to contribute to the health and wellbeing of the community and to the outcomes of the Council Plan 2014-19.

 

On 31 March 2016 a DED had awarded funding to Strategic Cultural Partners for three years, from 2016/17 to 2018/19.  These organisations were of high importance to the District’s cultural offer, economy and environment, community health and wellbeing, and contribute to the delivery of Council Plan priorities.

 

Several Strategic Cultural Partners were National Portfolio Organisations (NPOs) with Arts Council England (ACE), currently receiving investment for four years (2018-22) - and were recognised as having significant national importance representing some of the best arts practice in the world.

 

The following proposals intended to set out a principle of maintaining levels of existing funding for community organisations, whilst making strategic investments in a number of key strategic cultural partners.  This would be in place of the current system where cultural organisations were recognised on different tiers - Strategic Cultural Partners, and Strategic Community Arts and Events.

 

Due to their local, national and, in some cases, international, cultural significance, it was proposed that the following organisations should be included in the list of Strategic Cultural Partners along with those already recognised:-

 

·         Kendal Mountain Festival

·         Lakes Arts Festivals Ltd (Lakes Comic Arts Festival), and

·         Lakes Alive.

 

It was proposed that Ulverston Community Enterprise (UCE) become a new Strategic Cultural Partner to assist in the development of a cultural programme at the Coronation Hall.  Kendal Torchlight Carnival and The Old Laundry Theatre were recommended to also be included to recognise their importance to the local community.

 

It was proposed that the following Strategic Cultural Partners, as described in Appendix 2 to the report, would act as designated cultural hubs, to work alongside and distribute Council funding to smaller organisations.  This would mean all cultural investments would be of a more significant value, whilst continuing with important smaller contributions.

 

·         Highlights Rural Touring: working with Heron Theatre,

·         Lake District Summer Music: working with Lakeland Sinfonia Concert Society, Westmorland Music Trust (Mary Wakefield Festival), Westmorland Orchestra and Westmorland Youth Orchestra, and

·         UCE: working with Printfest, Ulverston Lantern Festival, Ulverston International Music Festival and South Cumbria Music Festival.

 

It was proposed, as detailed in Appendix 2 to the report, that all Strategic Cultural Partners would have continued funding for the financial year 2019/20.  This would maintain the level of current strategic partnership working and development.  It would support organisations to seek additional inward investment from key public funders such as Arts Council England, Historic England and the Heritage Lottery Fund and support Council Plan priorities.

 

It was proposed, as detailed in Appendix 2 to the report, to maintain the current funding agreements with Community Organisations which were due to expire on 31 March 2022.  This would continue to support key health and wellbeing priorities and localism initiatives in the Council Plan.

 

In presenting the report, the Portfolio Holder raised the significant role played by local arts and cultural organisations and the huge social benefits for those who engaged.  The Council remained committed to supporting to the success of the organisations and thriving creative industries.  He urged Members to grasp opportunities to influence the Government with regard to funding and highlighted how statutory grants could unlock additional funding and investment in the District.  In particular, the Portfolio Holder highlighted the Council’s proud track record of supporting culture within the District.  He also stressed the Council’s hope and ambition to return, in time, to multi-year agreements.

 

The Council’s continued support for Ulverston Community Enterprise was welcomed and the Culture and Leisure Portfolio Holder undertook to make contact with the organisation.

 

The Leader and Promoting South Lakeland Portfolio Holder encouraged all Members to introduce groups where it was thought the Council could make a contribution.

 

The Health and Wellbeing Portfolio Holder drew attention to the profound impact and benefit which could be made to health and wellbeing through arts and culture.

 

Decision

 

RESOLVED – That

 

(1)        the following be approved:-

 

(a)        the addition of Kendal Mountain Festival, Lakes Arts Festivals Ltd, Lakes Alive, Ulverston Community Enterprises, Kendal Torchlight Carnival and the Old Laundry Theatre to the list of Strategic Cultural Partners; and

 

(b)       the level of funding for 2019/20 for Strategic Cultural Partners as detailed in appendix 2 to the report; and

 

(2)        officers be authorised, in consultation with the Solicitor to the Council, to finalise terms of the funding agreements with each organisation.

 

Reasons for Decision

 

The decision will assist in the delivery of the Council Plan Priority, ‘We will develop South Lakeland’s reputation as the UK’s leading rural cultural destinations and as a place for nationally and internationally recognised arts, events and festivals’.

 

 ‘We will strengthen the district’s cultural and creative industries, supporting our leading cultural organisations to secure investment through Arts Council England and other funding bodies.’

 

 ‘We will explore opportunities for commissioning services through third sector organisations which provide excellent value for money for our communities.’

 

South Lakeland District Council will continue its financial support to key community organisations and further invest in strategic cultural partnerships funded through the Community Grants budget.  This will be a targeted approach that further develops South Lakeland’s reputation as a leading rural cultural destination, strengthens the district’s cultural and creative industries and contributes to our community’s health and wellbeing.

 

Alternative Options Considered and Rejected

 

Funding support for all the Community Organisations and Strategic Cultural Organisations at the current level for either four, three or two years as previously.  This is not recommended because of the impact of the continued reduction in funding for Local Government from Central Government as well as ongoing spending pressures and the need to realise savings, whilst continuing to provide a good level of services.  The Council needs to maintain some flexibility in expenditure decisions whilst recognising the importance of supporting the strategic cultural partners and community organisations.

 

Re-open the entire budget for applications for grants for 2019/20 for both Community Organisations and Strategic Cultural Organisations.  This is not recommended due to the preferred strategic targeting of spending as described in paragraph 5.1 of the report and because the Council has moved away from one-off grant funding.  It is also not recommended because this would mean going against previous decisions and commitments.

 

Ending funding support for some or all community and cultural organisations.  This is not recommended because the funding enables the delivery of a nationally and internationally recognised cultural programme, as well as services and initiatives that benefit local communities, and secures investment from significant external funders, trusts and foundations.  It is also not recommended because this would mean going against previous decisions and commitments.

 

Note – The Cabinet adjourned for a break at 11.40 a.m. and reconvened at 11.45 a.m.

Lead officer: Paul Mountford, Imelda Winters-Lewis


06/02/2019 - Reconfiguration of South Lakeland House and Kendal Town Hall ref: 3942    For Determination

Approval sought for the re-modelling and reconfiguration of South Lakeland House to ensure effective and efficient use of the space and full utilisation of Kendal Town Hall.

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Deputy Leader and Housing, People and Innovation Portfolio Holder reported that South Lakeland District Council was currently undertaking a major programme of change and transformation through the Customer Connect Programme, recognising the need to adopt different ways of working to engage with its many customers and residents.  Underpinning the transformation would be the adoption of changes in technology, allowing both staff and customers the ability to engage in ways not currently possible.  The Customer Connect Programme would result in changes to the way the Council engaged with its customers, with more activities being moved to self-help and online channels.  It was felt that a new refurbished, agile and flexible working space would benefit the Council and support the Customer Connect Programme.

 

In 2016-2018, South Lakeland District Council (SLDC) had undertaken a joint feasibility with Cumbria County Council and the Lake District National Park Authority to investigate the potential of a new Public Sector Hub on the County Hall site in Kendal.  As part of this work, SLDC had reviewed its anticipated floor space requirements following the implementation of Customer Connect and considered the introduction of agile working policies and of new digital technology to support service delivery in line with the new Customer Connect Programme.

 

Alongside this feasibility, SLDC had undertaken a high level assessment of the potential to invest in the renovation of South Lakeland House (SLH) and Kendal Town Hall (KTH).  With a smaller floor space requirement for SLDC than currently used, the assessment included the potential to create renovated office space which could be attractive to the market and which could generate an income for the Council.  The assessment had also been based on the idea of creating a new customer service reception area in the Town Hall, with the Town Hall being a major asset for the Town and more readily accessible for the public.  The findings of this study had indicated that there was scope to improve the space utilisation at both SLH and KTH, with subsequent opportunities to lease out vacated space to third party tenants, or increase the range of function rooms for events within the Town Hall.  This study had determined that, with appropriate design, it would be possible to accommodate the full SLDC requirements for workstations on the first floor of SLH, which would be more directly linked to the main KTH ground floor, which would provide the new main reception and customer meeting space.

 

After having received detailed financial information (including possible costs associated for occupation) for, and completing the initial feasibility of the Public Sector Hub, and taking into account the residual liabilities associated with the South Lakeland House site, the Council had withdrawn from further feasibility work on the Public Sector Hub to concentrate on a detailed feasibility study for SLH and KTH, building on the high level assessment undertaken.

 

In April 2018, SLDC had commissioned Lambert Smith Hampton and Blue-sky Interior Designers Ltd to produce concept and developed design options, up to RIBA Stage 3 (Concept design), for SLH and KTH, with the aim of creating a scheme which was fit for purpose and maximised the use of the available space.  In addition, they had been commissioned to undertake an assessment of potential demand for the refurbished surplus space which was likely to arise from the investment in SLH and KTH and to carry out a market review of all office space within Kendal to determine existing supply and potential future demand.  The outputs of this work had informed the Business Case required to support the proposed refurbishment works and to design accommodation for third party tenants to suit the identified demand.  It was felt that the current space was unlettable at present.

 

The brief for the concept design had been to provide office accommodation fit for purpose, fit for the future and to use the space effectively and efficiently, and to ensure that accessibility issues from KTH through to SLH were resolved.  This included looking at a new reception for SLDC in the Town Hall, to create an office environment which encouraged a more agile and interconnected workforce and which created an exciting, vibrant workspace where people wanted to spend time and create an interface between users and their environment.  Various case studied show that improved working environment increased productivity and so it was considered important to create an environment where people enjoyed working that offers colleagues a chance to work in a manner and setting which suited them.  The design was also to be based on a desk ratio of 7:10 (7 desks for every 10 employees) and the number of desks based on the perceived staff numbers post-Customer Connect implementation.  The desk ratio was felt to be a fairly conservative ratio with the Council currently operating informally at staffing numbers similar to that of 7:10 without a flexible and agile working policy in place.

 

As a result, it was expected that the accommodation requirements would not just be reduced in terms of the number of workspaces, but the type of workspace would change, with the new accommodation supporting the ways of working to move away from silo working and towards one of flexible working, where boundaries between persons doing different tasks were removed, as multi-skilled working predominated.  Automated business processes had also enabled larger organisations to become more streamlined, improving productivity while simultaneously reducing headcount.  The project was needed for the Customer Connect Transformation Programme to be a success; consolidation on a single floor would help to support the culture change from a silo approach to a broader collaborative working environment.

 

The Portfolio Holder explained that the project was also needed to undertake much needed refurbishment of KTH, improve use of this asset and secure its future.  KTH was considerably under-utilised with the lack of flexibility in the meeting rooms being sub optimal.  SLDC day to day functions currently used SLH and only occasionally KTH.  The investment would enable more operational activities to take place in the Town Hall, releasing space in SLH for alternative income generation.  The additional space created following the investment would increase the range of events that could be accommodated.  The refurbishment of the Town Hall will be sympathetic to its listing and would enable the building to be used more widely by the public through having the Council’s reception within the Town Hall.  All existing user groups could be accommodated within the new scheme and the Council would explore the use of the space by other users groups.  Events income within the financial forecasting had been kept to moderate increases to avoid the charge of ‘over pricing’ from the regular user groups.

 

The Portfolio Holder referred to third party office accommodation.  Whilst businesses of a certain size would always require larger footprints, SMEs were a critical component of the future success and vibrancy of the Northern Powerhouse economy and were likely to have a transformative effect on the UK’s commercial property market in the years ahead.  Landlords, therefore, had a vital role to play in nurturing South Lakeland’s thriving SME sector by providing high-quality, flexible office space which was capable of responding to the ever-changing needs of modern businesses.  The study had taken a conservative approach to setting expectations of income by applying the lower figures of current market rent to future assumptions.  Therefore, the risks in terms of speculation regarding potential rental charges had been mitigated.  Consideration had been given to bias throughout the above with reference to rental charges, and basing these on rents currently being achieved for similar spaces in the Kendal area.  The opportunity that this scheme had for the Council’s economic development agenda had not to be underestimated with the creation of small offices for start–ups similar to the Mintworks project and investigation to date having shown an evident need for a Mintworks Phase 2.

 

The Portfolio Holder informed Members that if the project was approved and included within the Capital Programme, work would commence on the scheme from 1 April 2019.  The proposed works would require planning permission, listed building consent and building regulation approval.  Following all statutory approvals being obtained, the tender would be issued in September 2019, with a likely start date of January 2020.  The works would be phased to reduce disruption to the employees, public and members.  Details of the programme of works were provided within the report, the contract to be approximately 15 months, and estimated to commence on 6 February 2020.

 

Based on the proposed programme of works, the Council would be committing to the finances of the project in October 2019, which gave further time to assess any external factors that might affect the scheme and to continue to monitor the Kendal office market.

 

The Portfolio Holder stressed that this innovative way of developing proposals to deliver contemporary office accommodation, securing the future of the iconic building of KTH and providing modern facilities for businesses, would be cost-neutral over 25 years.  He also believed that the implementation of the proposals would place the Council in a good position to retain services in Kendal should any unitary arrangements come forward in the future.  The Portfolio Holder asked Members to consider the recommendations in the report to enable the scheme to progress to the next stage.  He thanked officers and all involved for the huge amount of work carried out in relation to the proposals.

 

The Leader and Promoting South Lakeland Portfolio Holder thanked both the Housing, People and Innovation and the Finance Portfolio Holders for their work.

 

A lengthy discussion ensued during which comments were addressed and questions answered.

 

The Economy and Assets Portfolio Holder referred the success of Mintworks which had been consistently full from the outset.  Enabling Mintworks 2 would provide further general workspace for rent.  There would be some flexibility in design allowing adjustment of space, if necessary.  The proposals would also deliver some commercial office space which Kendal currently lacked, and the Council had not been able to meet demand.  He was pleased to report that the Cumbria Chamber of Commerce and the University of Cumbria had already expressed interests in the accommodation.

 

In response to a suggestion for the inclusion of some form of health and wellbeing aspect within the Town Hall, taking advantage of the plans in order to offer wellness drop in services, the Health and Wellbeing Portfolio Holder acknowledged that this could relieve pressure on GP surgeries.  He referred to the fact that the Credit Union currently operated within the Town Hall and was happy to take the comments on board.  The Leader and Promoting South Lakeland Portfolio Holder added that the proposals would provide much improved disabled access.

 

In response to queries relating to the planning process, the Director of Policy and Resources (Monitoring Officer) explained that all applications were considered on their merit and that the application would be considered in the same manner as any other application submitted by the Council.  The Deputy Leader and Housing, People and Innovation Portfolio Holder advised that the District Council Chamber would be refurbished in a sympathetic manner, without the need to strip out all material.  The fixed panelling in the Chamber would remain, but the furnishings removed.  He referred to the wood staining and was unsure whether lightening the colour would be acceptable.  The Corporate Asset Manager advised that the Heritage Architect and Conservation Officer were both comfortable with the proposals at this stage.

 

A comment was raised that although the proposals looked exciting, it would be inappropriate to pursue them, bearing in mind that this was the largest capital expenditure seen by the Authority and that it was being spent on the Council itself.  In response, the Leader and Promoting South Lakeland Portfolio Holder suggested that, had all Members attended the Customer Connect Member Update event held on the previous evening and the briefing on the reconfiguration proposals in the previous week, they would have been able to better understand the reasoning for spending in order to save.  He further pointed out that this was not the Council’s largest capital expenditure and that £6m was to be spent on the Leisure Centre in Ulverston.  In response to a query, the Deputy Leader and Housing, People and Innovation Portfolio Holder explained that the drawings presented the design concept and that not all detail was shown, also suggesting that a better picture of the Queen might be sourced.  In addition, he indicated that the heralds would remain as part of the historic structure of the building.  Responding to a comment, he stressed that there had been misunderstanding or misinterpretation with regard to his comments on the potential for use of the accommodation by any future unitary authority.  The purpose of the proposals was to improve the efficiency and effectiveness of this Council in the way it provided services and to reduce the cost base.  Any Unitary in future would need to demonstrate that they could operate as efficiently and effectively as SLDC.

 

It was pointed out that some Members who would have wished to be involved had been unable to attend recent Member briefing sessions due to other commitments.  The Leader and Promoting South Lakeland Portfolio Holder undertook to see if the Member event providing an update on Customer Connect could be re-run for those who had been unable to attend, which, he believed, may assist Members to understand how locality working could assist local ward councillors.

 

With regard to a comment that the Council had lost some of its assets in other areas of the District, the Deputy Leader and Housing, People and Innovation Portfolio Holder pointed out that Cabinet Members had recently been to Ulverston for discussions with the Town Council.  He emphasised that locality working formed a large part of the Customer Connect Programme and again pointed out that £6m was being spent on Ulverston Leisure Centre.  He further stressed the fact that he would be happy to engage further with any Member, as well as town and parish councils, who felt disenfranchised.

 

The Finance Portfolio Holder felt that this was an ambitious and imaginative scheme, investment in which would deliver year on year savings.  The changes were possible due to the Council having taken action on Customer Connect which would result in more efficient use of assets.  In response to an early question, he reported that, at the end of the last financial year, the Council’s borrowing was £13m and the value of its assets £73m.   As a business, the Council’s assets were well in excess of its borrowing.  This was a prudent plan where savings more than covered the cost of borrowing.

 

The Leader and Promoting South Lakeland Portfolio Holder closed, saying that he was pleased that officers would be providing another opportunity for Members to attend a Customer Connect Member Update event which, he felt, would result in cross party support for the proposals.

 

Decision

 

RESOLVED – That

 

(1)        the proposed investment in South Lakeland House and Kendal Town Hall be approved in principle and Council be recommended to include it within the Capital Programme and Revenue budget;

 

(2)        approval be given to the addition of the project to the Procurement Schedule and for the scheme to be awarded to Bloom Procurement Services Limited with Lambert Smith Hampton as the sub-consultant to manage the scheme from RIBA Stage 4 (Technical Design) to RIBA Stage 6 (Handover and Completion);

 

(3)        the scheme be endorsed and officers be authorised to progress to RIBA Stage 4 (Technical Design) and to proceed to tender prior to returning to Cabinet to seek approval to implement the full scheme; and

 

(4)        the Director for People and Places be delegated authority to agree any changes to the proposed programme and/or design, in consultation with the Housing, People and Innovation and Finance portfolio holders, and the Chief Finance Officer.

 

Reasons for Decision

 

The decision links to the following Council Plan priorities:-

 

Economy –

 

- Engagement with the private sector and public sector partners will be central to the Council’s approach to helping grow and develop the economy.

 

- We will when opportunities present themselves make best use of our property portfolio to support economic growth, through the use of our current and future asset base.

 

- Through our economic development strategy we will continue to build on our traditional strengths, and pioneer new industries that make the most of our place. We will promote new ways of working so that businesses can compete and reach their potential whilst enjoying everything that is special about living in South Lakeland.

 

Environment –

 

- We will reduce the Council’s carbon emissions by reducing our energy use through the efficient management of our land and buildings and be an exemplar to others

 

- We will support Cumbria County Council and local partners with their strategies for active travel.

 

SLDC need to ensure we are adequately equipped to provide the best, most cost-effective service for the communities we serve.  This will be met through a skilled workforce, ensuring that the staff have the ability to work efficiently working with more digital skill and a more flexible co-ordinated approach.  The places project will help the Council equip its staff to put the Customer at the heart of everything we do.

 

The proposed investment will:-

 

·         provide office space to support the Council’s Customer Connect Programme;

·         create new modern town centre offices for other businesses;

·         provide a MintWorks2 for new SMEs;

·         deliver much needed refurbishment of Kendal Town Hall;

·         provide much improved working facilities for all employees, both SLDC and KTC;

·         provide disabled access to all areas of SLDC offices;

·         enable a joint reception area in the front of the Town Hall;

·         open up more meeting room space for community groups; and

·         reduce ongoing maintenance costs for the Council.

 

Alternative Options Considered and Rejected

 

Continue with the current position and do nothing – this is not recommended when considering the significant cost to maintain the building, the inefficient use of space, the loss of opportunity to refurbish the Town Hall and the economic benefits to the area.  This would still require significant additional expenditure to be added to a future Capital Programme to maintain South Lakeland House and Kendal Town Hall in an acceptable condition.

 

Explored and fully costed, a shared public sector hub option, co-locating with the County Council and Lake District National Park Authority on the County Hall site, but this was ruled out on cost grounds.  Concern was also raised at the time with potential use of the South Lakeland House site with no obvious or viable use found for the site.

 

Undertake the work over a longer phased approach.  This has been dismissed due to the project likely to be higher in cost, difficult to manage contractually, and cause greater disruption for the organisation, and SLDC would be unable to benefit from the proposed income which would, therefore, make the scheme unviable.

Wards affected: Kendal East; Kendal North; Kendal Rural; Kendal South & Natland; Kendal Town; Kendal West;

Lead officer: Sion Thomas


06/02/2019 - Review of the Local Council Tax Reduction Scheme ref: 3944    For Determination

The Council is required to review its Local Council Tax Reduction Scheme each year

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Finance Portfolio Holder presented a report, informing Members that the Local Government Finance Act 2012 (as amended) now required Local Authorities to approve their Council Tax Reduction Scheme on an Annual Basis by the 11 March for the following financial year (was previously 31st January).

 

On 18 December 2012 (Minute C/70 refers), Full Council had resolved to adopt the Default Scheme as prescribed by the Secretary of State as the Council’s Local Council Tax Reduction Scheme to replace Council Tax Benefit from 1 April 2013, with the costs of the Scheme to be funded by reducing Council Tax discount on second homes from 10% to 0%.  The local arrangements for fully disregarding War widows’ pensions, war disablement pensions and Armed Forces Compensation payments were to remain in the calculation of income for the Scheme.

 

Central Government had previously paid 100% grant to Local authorities under the national scheme, but on the transfer of responsibility, the grant had been reduced to 90%.  South Lakeland District Council, with the support of Cumbria County Council and the Cumbria Police Authority, had met the cost of the 10% grant reduction, about £560,000, by making technical changes to Council Tax.  This had included removing the discount on second homes, introducing a 100% Council Tax on properties unoccupied over six months and a 50% premium on properties empty for over two years.

 

On 17 December 2013 (Minute C/65 refers), Full Council had resolved that the Local Council Tax Reduction Scheme for 2014/2015 would remain unchanged, subject to the annual uprating of applicable amounts, premiums, etc., in accordance with either the Housing Benefit Scheme Regulations or the Local Council Tax Reduction Prescribed Scheme for pensioners.

 

Minute C/65 of Full Council on 17 December 2013 had resolved that the next review of the scheme be undertaken in July 2014.  A review had been undertaken on 15 July 2014 by the Overview and Scrutiny Committee which had recommended that the existing scheme which mirrored the previous Council Tax Benefit Scheme was the most appropriate for this Council.

 

On 19 December 2017 (Minute C/64 refers), Full Council had resolved to maintain the existing Scheme for 2018/19 after having undertaken a comprehensive review of the Scheme during 2014/15.

 

The Council’s Scheme would still not reflect the changes which had been announced in the Budgets of July 2015 or March 2016, which would adversely affect some of South Lakeland’s residents’ entitlements to support, namely:-

 

·         removal of Family Premium for new claims;

·         reduction of backdating period from six months to one month;

·         freezing of applicable amounts within Housing Benefit until 2020/21;

·         withdrawal of Council Tax Reduction where a person leaves the Great Britain for four weeks or more;

·         limiting the number of dependants’ additions to a maximum of two (this will apply to all Housing Benefit cases with effect from 1 April 2017);

·         removal of the Employment and Support Allowance Work Related Activity Component; and

·         phasing in of European migrants access to benefits.

 

As it stood, the implications and the impact of these changes continued to be limited in regard to the overall cost of the Council’s scheme, however, they would be monitored going forward.  Implementation of these national welfare proposals would result in a requirement to undertake a full consultation process as they would be classed as significant changes to the Council’s existing Scheme. This would be considered again as part of the review process for the 2020/21 Scheme.

 

In the current financial year 2018/2019, awards under the Local Council Tax Reduction Scheme currently totalled £4,979,481 (£4,941,253 in 2018/19).  Although only part way through the current year, the current level of Council Tax Reduction remained broadly similar, despite the significant increases in Council Tax in April 2018.  Providing the economic circumstances remained broadly similar, there was no reason not to expect the level of support to increase greatly, however, further Council Tax increases would increase the upward pressure of the scheme.  The shortfall in Government grant at the introduction of Council Tax Support had been met by a reduction of over 10% in expenditure since the grant level had been frozen at 90% of 2012/13 Council Tax Benefit expenditure (£5.7m).

 

The report included a breakdown of the caseload and awards in respect of each group at the end of December 2018.

 

If any changes were considered to the Local Council Tax Reduction Scheme, these could only apply to Working Age applicants.  Only 49% of applicants fell into this category.  This would also trigger the legal requirement to undertake a formal consultation process to amend the Council’s Scheme.

 

The current Scheme in its present state continued to provide those residents in South Lakeland on the lowest income the maximum amount of support with their Council Tax liabilities.  In common with all other Cumbrian local authorities, maintaining South Lakeland’s current Scheme for April 2019 kept South Lakeland’s position as one of only 37 councils offering a fully funded Council Tax reduction scheme for working age claimants.

 

In closing, the Portfolio Holder acknowledged that the cost to the Authority of the Scheme was significant, however, supported the Council’s objective of alleviating poverty.  This was not something that the Council had to do, but chose to, in so doing helping to protect the poorest and most vulnerable residents in the District.

 

The Health and Wellbeing Portfolio Holder thanked the Revenues and Benefits Services Manager for his personal commitment and officers in the Finance Team for their work on the scheme which contributed to the area of health and wellbeing.

 

Decision

 

RESOLVED – That Council be recommended that the current Local Council Tax Reduction Scheme is the most appropriate scheme for this Council for the financial year commencing 1st April 2019, subject to the Assistant Director Resources (Section 151 Officer), in consultation with the Finance Portfolio Holder, being authorised to:-

 

(1)        make all necessary updates to this Council’s Council Tax Reduction Scheme to comply with any statutory requirements that may be issued by Central Government;

 

(2)        make all necessary amendments to the Council’s Council Tax Reduction Scheme to uprate the allowances and premiums in accordance with Revised HB Circular issued in December 2018 by the Department of Work and Pensions; and

 

(3)        publish the updated scheme in accordance with the Local Government Finance Act 2012.

 

Reasons for Decision

 

To assist in the delivery of the Council Plan - “Our Vision” – Several Welfare Reform changes have already been implemented, including the abolition of the Council Tax Benefit Scheme and introduction of its replacement, the Local Council Tax Reduction Scheme. The Council has provided a large amount of information about the ways the changes will affect individuals and worked closely with our social landlords to try as far as possible to reduce the impact on vulnerable people. We will continue to monitor the impact of these changes.

 

The retention of the existing scheme offering support up to a maximum of 100% of the Council Tax plays a key role in supporting the Council’s objective of helping to alleviate poverty.

 

Alternative Options Considered and Rejected

 

The Council is under no legal obligation to offer a Council Tax Reduction Scheme for Working Age residents.  Therefore, in theory, it could reduce the amount of support offered this group from 100% to any figure it chose, including having a full charge irrespective of income.  The vast majority of councils reduce the amount of Council Tax Reduction for Working Age claimants between 8.5% and 25%, resulting in annual charges between £ 100 and £ 300 per annum for those on the lowest income in this group.  All Cumbrian Local Authorities continue have a zero charge for this group.

 

There are numerous ways in which the current Local Council Tax Reduction Scheme could be changed.  These were fully examined as part of the Overview and Scrutiny review and were considered as part of the decision-making process in approving the scheme for 2015/16.  No further examination has taken place since this review apart from a brief indication of the likely income that could be generated if a minimum charge was to be introduced for Working Age Recipients of Council Tax Reduction.  This was included within the consultation letters issued to the major preceptors in September 2018.

 

It is likely that a review of South Lakeland’s Council Tax Reduction Scheme will be undertaken in 2019 to assess the impacts on the scheme of the full rollout of Universal Credit in South Lakeland.  It is likely this review will be undertaken as part of a wider Cumbria review.

Wards affected: (All Wards);

Lead officer: Michael Fisher


06/02/2019 - Treasury Management and Capital Strategies 2019/20 - 2023/24 ref: 3951    For Determination

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Finance Portfolio Holder, presented a report setting out the Council’s Treasury Management Strategy and Capital Strategy for 2019/20 – 2023/24. The Strategies had been updated to reflect the 2019/20 Budget and Capital Programme.

 

The framework fulfilled five key legislative requirements relating to the setting of prudential indicators, the Council’s Minimum Revenue Provision (MRP) Policy, the Treasury Management Strategy Statement the Investment Strategy and the Capital Strategy, details of which were provided.

 

The report reflected the budget proposals which had been approved for consultation by Council on 18 December 2018.

 

The Treasury Management Strategy was based on the proposed Capital Programme for 2018/19 – 2023/24 as considered by Council on 18 December 2018.

 

The Capital Strategy included potential capital expenditure not currently in the proposed Programme and arising from the review of Council Assets.  The resulting indicators in the Capital Strategy were, therefore, higher as it included potential expenditure and borrowing which might not arise, depending on future decisions around service delivery.  The Capital Strategy would assist in ensuring that the Council had funds available in the future to meet future opportunities which might arise.  It also considered organisational issues, including how the Capital Programme would be prioritised and considerations, including capacity to deliver.  Councillor Jarvis drew attention to an error within Section 5 of the Capital Strategy under paragraph 5.2 where the figure earned by the Council in relation to its 23 investment properties should read £0.464m and not £0.325m.

 

The Strategies ensured that the Council had robust arrangements for investing and that it only borrowed where it was appropriate and affordable.

 

The report had also been considered by the Overview and Scrutiny Committee on 11 January 2019.

 

The Portfolio Holder pointed out that publication of this Capital Strategy in such detail improved the transparency of the Council and he hoped that it provided reassurance that the Council continued to operate in a prudent and professional manner.

 

Decision

 

RESOLVED – That the Treasury Management and Capital Strategies and the authorised borrowing limits within the report be noted and recommended to Council for approval.

 

Reasons for Decision

 

These arrangements enable the priorities of the Council Plan to be achieved.  The Strategies ensure that the Council has robust arrangements for investing and that it only borrows where it is appropriate and affordable.

 

Alternative Options Considered and Rejected

 

No alternative options are proposed.  The Treasury Management Framework is driven largely by legislation and external guidance and reflects the 2018/20 budget.

Lead officer: Claire Read


06/02/2019 - Council Plan Performance Monitoring Quarter 3 2018/19 ref: 3946    For Determination

Decision Maker: Cabinet

Made at meeting: 06/02/2019 - Cabinet

Decision published: 08/02/2019

Effective from: 16/02/2019

Decision:

Summary

 

The Leader and Promoting South Lakeland Portfolio Holder presented an update report on the progress with the Council Plan 2014-19 for Quarter 3 of 2018/19.  Monitoring the success of the Council Plan informed of improvements and ensured the Council services addressed the needs of residents in an open and transparent way.  The Council was committed to delivering high quality, cost effective services that met the needs of residents and improved quality of life.  The performance management process helped the Council to demonstrate how well it was doing

 

The Leader informed Members that the report highlighted that the Council was delivering on its targets for the delivery of affordable housing to rent.  He pointed out that the median household income in South Lakeland was £32,506.

 

The report also included the Council’s Strategic Risk Register and the Leader pointed out that these were all being carefully monitored and managed and did not pose concern.

 

Members were informed that the report had also been considered by the Overview and Scrutiny Committee at its meeting on 1 February 2019.

 

Decision

 

RESOLVED – That the following be approved:-

 

(1)        the summary of Performance, as detailed within the report; and

 

(2)        the detailed risks information contained within Appendix 1 to the report.

 

Reasons for Decision

 

The report links directly to the Council Plan commitment to ensure that the Council is equipped to provide the best, most cost-effective services.  Details regarding performance monitoring are published in line with the Council’s Performance Management Framework.

 

Alternative Options Considered and Rejected

 

None – the purpose of the report is to receive a performance update.

Wards affected: (All Wards);

Lead officer: John Davies


31/01/2019 - Changing Places: Funding awards for feasibility studies ref: 3941    For Determination

Decision Maker: Delegated Executive Decisions

Made at meeting: 31/01/2019 - Delegated Executive Decisions

Decision published: 01/02/2019

Effective from: 09/02/2019

Decision:

(Chief Executive)

 

Summary

 

The Council had committed £50,000 towards supporting communities in South Lakeland to commission feasibility studies and build “Changing Places” facilities in their localities for public use.  The “Changing Places” Fund was for communities who wanted to provide toilet and changing facilities for people with disabilities and additional needs in South Lakeland.

 

The Council had invited community organisations to apply for a £10,000 fund for a feasibility study to install a “Changes Places” facility in a suitable, local venue.  Following the award(s), and completion of the feasibility studies, eligible projects could then apply for a share of the remaining £40,000 to commence projects and support their bids for additional funding.

 

Currently, the only “Changes Places” facility in South Lakeland was at the Kendal Leisure Centre and it was, therefore, felt that the spread of the facilities across the district should be considered when assessing applications from the community.

 

Out of the eight bids received and assessed, the following were considered to meet the requirements of the criteria and had been recommended to receive awards of £2,500 each:-

 

·         Lakes Parish Council (Low Fold Car Park)

·         Outsidein (Kendal Nether Hall)

·         Millerground (Windermere)

·         Cartmel Town Initiative (Cartmel)

 

Decision

 

The recommended funding allocations for feasibility studies to install a “Changing Places” toilet, as set out in paragraph 3.8 of the report and outlined above, be approved.

 

Reasons for Decision

 

To assist in the delivery of the Council Plan – Culture and Wellbeing: Improving health and reducing health inequalities.

 

Alternative Options Considered and Rejected

 

Not make any recommendations for funding.  However, the bids put forward in this report complied with the criteria and would be a benefit to those communities.

Wards affected: Bowness & Levens; Cartmel; Kendal Town; Windermere;

Lead officer: Simon Blyth


09/01/2019 - Planning Application No.SL/2018/0814 - Lower Allithwaite - Land at Green Lane/Vicarage Lane, Allithwaite, Grange-over-Sands LA11 7QN ref: 3938    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 09/01/2019 - Planning Committee

Decision published: 29/01/2019

Effective from: 09/01/2019

Decision:

Erection of 23 dwellings with associated infrastructure (Russell Armer Ltd).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2018/0814 which sought full planning permission for 23 dwellings on land at Green Lane/Vicarage Lane, Allithwaite, Grange-over-Sands. He displayed photographs and plans which outlined the proposals and he referred to the site visit. He advised Members that the Local Development Plan document had allocated the site for residential development and he outlined the affordable housing provision of the application and the viability appraisal which had been submitted by the applicant. In addition he referred to the proposal to provide an extension to the existing cemetery area and the impact of the development on a mature Ash tree, which overhung the site and which was protected by a Tree Preservation Order. The Interim Development Management Team Leader informed Members that the principle of the development, the affordable housing provision, the design and layout and the provision for access and highways had been accepted. He advised Members that due to negotiations that had been ongoing between the previous case officer and the applicant, it was likely that several of the recommended pre-commencement conditions listed in the report would be resolved before any decision notice was issued, pending the time required to deliver a signed S106 agreement. A degree of flexibility in addressing the conditions was sought from Committee Members.

 

Members gave consideration to the maintenance and drainage of the grassed area and the lack of affordable housing provision. In response to a request for the inclusion of viability appraisal in the agenda reports pack, the Interim Development Management Team Leader advised Members that the National Planning Policy Framework made it clear that viability appraisals had to be publicly available and he undertook to provide, for future applications, a summary with key points.

 

RESOLVED – That the application be granted subject to

 

(1)        the completion of a Section 106 Planning Obligation with regard to the provision of affordable housing and the provision and maintenance of a surface water drainage scheme; and

 

(2)        the following conditions:-

 

Standard Control

 

Condition (1)   The development hereby permitted shall begin not later than three years from the date of this decision.

 

Reason:           To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

 

List to be confirmed.

 

Reason:           For the avoidance of doubt and in the interests of proper planning.

 

Pre-Commencement/Occupation

 

Condition (3)

 

a)         No superstructure of the dwellings hereby approved shall be erected until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include:-

 

·         means of enclosure;

·         hard surfacing materials;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.); and

·         details of future maintenance and management of the landscaped areas

 

Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers / densities; and an implementation programme.

 

b)         The agreed scheme shall be carried out as approved to the agreed timetable.  Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

 

Reason:           These details are required to be approved before the erection of the superstructure of the dwellings to safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

 

Condition (4)  a)          No superstructure of the dwellings hereby approved shall be erected until samples and details of the materials to be used in the construction of the external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. 

 

b)         Development shall be carried out in accordance with the approved details of materials unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:           To ensure the development is of a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy and saved Policy S2 of the South Lakeland Local Plan. 

 

Condition (5)   The carriageway, footways, footpaths, shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced other than those associated with the site setup including the provision of a compound until a full specification has been approved. Any works so approved shall be constructed before the development is complete.

 

Reason:           In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (6)   The development shall not commence other than the those associated with the site set up including the provision of a compound until visibility splays providing clear visibility of 60 metres measured 2.4 metres down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure or object of any kind shall be erected or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

 

Reason:           In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (7)   a)         No dwelling hereby approved shall not be occupied until the surface water and sewage disposal works serving that dwellings have been completed on site in accordance with the approved plans. 

 

b)         The approved works shall be retained as such thereafter.

 

Reason:           To ensure adequate provision is made for the management of surface water and sewage disposal in accordance with saved Policy S26 of the South Lakeland Local Plan and Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (8)   Full details of the surface water drainage system (incorporating SUDs features as far as practicable) and a maintenance schedule shall be submitted to the Local Planning Authority for approval prior to development other than those works associated with site set up including the provision of a compound being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained thereafter in accordance with the schedule.

 

Reason:           To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure the surface water system continues to function as designed and that flood risk is not increased within the site or elsewhere.

 

Condition (9)   No development other than those works associated with site set up including the provision of a compound shall take place until an assessment of the nature and extent of contamination impacts of the adjacent burial ground on the proposed development has been submitted to and approved in writing by the Local Planning Authority.  This assessment must be undertaken by a competent person, and shall assess any contamination on the site.  Moreover, it must include:

 

(i)         A survey of the extent, scale and nature of contamination.

 

(ii)        An assessment of the potential risks to:

 

           human health;

           property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

           adjoining land;

           ground waters and surface waters;

           ecological systems;

           archaeological sites and ancient monuments.

 

Reason:           These details are required to be approved before the commencement of development to prevent harm to human health and the environment in accordance with the provisions of the National Planning Policy Framework.

 

Other Conditions

 

Condition (10)No dwellings shall be occupied until the estate road including footways and cycleways to serve such dwellings has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use.

 

Reason:           In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (11)The development shall not proceed except in accordance with the strategy described in the Pre-development Arboricultural Report prepared by Treescapes Consultancy Ltd and deposited with the Local Planning Authority on the 3rd October 2018 unless otherwise agreed in writing by the Local Planning Authority.

 

Reason:           For the avoidance of doubt and to prevent harm to protected trees in accordance with Policies CS8.1 and CS8.2 of the South Lakeland Core Strategy and saved Policies C11 and S18 of the South Lakeland Local Plan.

 

Condition (12)No work for the construction of these developments, including demolition, shall take place on the site, except between the hours:

08.00 - 18.00 Monday to Friday; and

08.00 - 13.00 on Saturdays;

unless otherwise agreed in writing with the Local Planning Authority.   In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority.

 

Reason:           To safeguard the amenity of neighbouring occupiers in accordance with the provisions of the National Planning Policy Framework.

 

Condition (13)The development shall not proceed except in accordance with the Traffic Management Plan prepared by Russell Armer Ltd and deposited with the Local Planning Authority on 11th December 2018.

 

Reason:           For the avoidance of doubt and to prevent harm to protected trees in accordance with Policies CS8.1 and CS8.2 of the South Lakeland Core Strategy and saved Policies C11 and S18 of the South Lakeland Local Plan.


09/01/2019 - Planning Application No.SL/2018/0490 - Lower Holker - Land adjacent to 55 Jutland Avenue, Ravenstown, Grange-over-Sands LA11 7LQ ref: 3936    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 09/01/2019 - Planning Committee

Decision published: 29/01/2019

Effective from: 09/01/2019

Decision:

Erection of a single dwelling, formation of vehicular access and connection to foul sewer (Outline Planning Application with landscaping and layout reserved) (Matthew Lambeth).

 

Note – Councillor Gill Gardner declared a non-pecuniary interest in this item by virtue of the fact the applicant was known to her. Councillor Gardner made a verbal representation under the Council’s public participation scheme and having regard to bias and/or predetermination, she left the meeting during the discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2018/0490 which sought outline planning permission for a single two storey dwelling with access, appearance and scale included. He displayed photographs and plans which outlined the proposals and he referred to the site visit. The Planning Officer advised Members that the primary issues were the siting of the proposed dwelling in the open countryside and that the development did not represent either infill development or rounding off.

 

Councillor Gill Gardner, Cartmel Ward Member, addressed the Committee. She informed Members that the applicant had been in consultation with the Planning Department since 2016 and that a pre-application enquiry had stated that the application was acceptable in principle. She referred to various South Lakeland Core Strategy Policies and stated that these could be worked on by the applicant and Planning Officers to achieve a development which would be best for all. She explained that for many years it had been hoped that the Jutland development in Ravenstown would be finished off. She went on to explain that Flookburgh had a shortage of housing for young and growing families. This application was a self-build which would create one more family home and ensure a young family could stay in the area. Councillor Gardner concluded her address by stating that the applicant was willing to work with Planning Officers and that she believed the application was rounding off and urged the Committee to support the application.

 

Mr Matthew Lambert, the applicant, addressed the Committee. He explained that he was from a long established family in Flookburgh, a sixth generation fisherman who lived in the community. He and his fiancé had a growing family and they wanted to remain in the area. He went on to explain that in 2016 his pre-application enquiry had been accepted in principle and he had pressed ahead and spent time and money on the application. He stated that there was no development boundary around Ravenstown and it was an ideal site for much needed houses and in addition, the proposed dwelling followed the natural line of the arch of the existing development. He concluded his address by informing the Committee that he had found someone who had been willing to sell him a piece of land which had given him this opportunity and he could see no reason why the application should not be approved.

 

In further presenting the report the Planning Officer referred to the application site, which extended to an area of 900m2 and to the size of the proposed dwelling. He explained that the main objections were the principle of the development and that the proposed dwelling was not infill or rounding off. In addition consideration had to be given to the impact on the landscape of the open countryside, particularly the open aspect to the south of Jutland Avenue. He concluded by stating that the harm caused would outweigh the benefits of the single dwelling.

 

The Planning Officer and the Interim Development Management Team Leader answered questions raised by Members and clarified that the response to the pre-application enquiry in 2016 was based on the Planning Officer’s opinion, at the time, and would have been with a caveat and since 2016 planning policies had evolved.

Reference was made to the requirements of the National Planning Policy Framework and legislation with regard to self-build properties. Officers were unable to confirm if the applicant had submitted the application as a self-build and consequently if the application was on the Council’s Self-Build Register.

 

Members gave consideration to the landscape impact, the size and the proximity of the site to the existing development and the lack of objection to the application. Discussion ensued regarding self-build housing proposals to meet identified local need. As the application had not been made as a self-build application the applicant was not confirmed as being on the Self-Build Register, Members were advised not to let this matter influence their decision. In any case, such proposals still had to comply with other relevant planning considerations.

 

A motion to approve the application was put to the vote and, an equality of votes being received, the Chair used his casting vote. The motion was lost.

 

Members felt that a decision on the application should be deferred at this time in order to provide the applicant and Planning Officers the opportunity to reconsider the application and resubmit a more acceptable application.

 

RESOLVED – That Planning Application No. SL/2018/0490 be deferred.

Decision Maker: Planning Committee

Made at meeting: 09/01/2019 - Planning Committee

Decision published: 29/01/2019

Effective from: 09/01/2019

Decision:

Erection of an open market single dwelling (Outline Planning Application with all matters reserved) (Mr and Mrs P Grayless).

 

The Planning Officer presented Planning Application No. SL/2018/0684 which sought outline planning permission, with all matters reserved, for the erection of an open market dwelling on land to the west and adjoining the property known as The Orchard, White Ghyll Lane, Bardsea. He made reference to the site visit and displayed photographs and a location plan which outlined the proposals. He drew Members’ attention to the line of development, the topography and the designated limestone pavement.  The Planning Officer advised Members that the key issues were the consideration of infilling and rounding off and how this related to current and emerging planning policies.

 

The Planning Officer answered questions raised by Members of the Committee. Members gave consideration to the landscape impact and the fact that the site had formerly been an agricultural field that had gained an established use as garden land.

 

The majority of Members agreed that the proposal sat comfortably on the landscape and were happy to support the application.

 

RESOLVED – That the application be approved subject to the following conditions:-

 

Condition (1)   The development to which this permission relates must be begun not later than whichever is the later of the following dates:

 

a)         FIVE YEARS from the date of this permission; or

b)         the expiration of TWO YEARS from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matters to be approved.

 

Application for the approval of the reserved matters must be made not later than THREE years from the date of this permission.

 

Reason:           To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

 

Condition (2)   Details of the:- access, appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

 

Reason:           To ensure a satisfactory standard of development on site.

 

Condition (3)   The development hereby permitted shall be carried out in accordance with the following approved plans:

1:1250 – Location Plan – Received 03/08/2018

 

Reason:           For the avoidance of doubt and in the interests of proper planning.

 

Condition (4)   Any details pursuant to Condition 2 above shall show a development featuring the following elements:

 

           located on the lower eastern section of the site

           single storey or 1½ storeys in height;

           a roof covering of natural slate;

           a roof symmetrically pitched of not less than 35°; and

           predominantly rectangular in shape with traditional gable ends.

 

Reason:           To ensure that the development is of a high quality design  in accordance with Policy CS8.10 of the South Lakeland Local Plan  and Saved Policy S2  of the South Lakeland Local Plan.

 

Condition (5)   a)         No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:-

 

           existing and proposed finished levels or contours;

           means of enclosure(walls & hedges);

           car parking layouts;

           hard surfacing materials; and

           retained landscape features such as trees together with details of how they will be protected during construction.

 

Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers / densities; and an implementation programme.

 

The agreed scheme shall be carried out as approved to the agreed timetable. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

 

Reason:           These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

 

Condition (6)   Prior to the first occupation of the development, the approved access parking layout and turning space shall be constructed, marked out and made available for use and shall be retained as such thereafter.  The vehicular access, parking  and turning provision shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

Reason:           In the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (7)   The development hereby approved shall not be occupied until the access drive is surfaced in bituminous or cement bound materials, or otherwise bound for a distance of at least 5 metres inside the site, as measured from the carriageway edge of the adjacent highway

 

Reason:           In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (8)   a)         No development shall take place until details of the implementation, adoption; maintenance and management of the sustainable drainage system have been submitted to and approved in writing by the Local Planning Authority.  Those details shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime.

 

b)         The system shall be implemented and thereafter managed and maintained in accordance with the approved sustainable drainage details / plan. 

 

Reason:           These details are required to be approved before the commencement of development to ensure surface water is managed in a sustainable way in accordance with Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (9)   A validation report and statement from a competent person detailing contamination assessment, including any found during development, and any remediation undertaken, will be required to be submitted and approved by the Local Planning Authority upon completion of the development. This will require reference to a Phase One Assessment, including gas protection considerations, which should be undertaken prior to any work commencing.

 

Reason:           To remove any risk or concerns for future occupants or owners of the development.

 

Condition (10)The proposed package treatment plant is required to be compliant with Building Regulations (including minimum distances e.g. the package treatment plant to be 10 metres from any building.  The filtration soakaway to be 15 metres from any building) Confirmation of this shall be submitted in writing for approval by the Local Planning Authority prior to occupation.

 

Reason:           In order to ensure that sewerage infrastructure is carefully managed and provided timeously, in the interests of public health and environmental protection.

 

Condition (11) Noise:

No work for this development should take place on the site, except between the hours 08.00 - 18.00 Monday to Friday and 09.00 – 13.00 on Saturdays. In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority.

 

Reason:           Standard protection from noise disturbance.

 


09/01/2019 - Planning Application No.SL/2018/0144 - Grange-over-Sands - Former Graythwaite Manor Hotel, Fernhill Road, Grange-over-Sands ref: 3933    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 09/01/2019 - Planning Committee

Decision published: 29/01/2019

Effective from: 09/01/2019

Decision:

Conversion of the existing (original) Graythwaite Manor Hotel building to provide four apartments, part/full demolition of existing buildings and structures and the erection of thirteen new apartments and fifteen new dwellings with associated landscaping, car parking and access (Mr Ian Shorrock – Blackmores (D) Ltd).

 

The Interim Development Management Team Leader addressed the Committee and advised Members that the report for Planning Application No. SL/2017/0144 had failed to take into consideration the Grange-over-Sands Neighbourhood Plan which had been adopted in September 2018. The Interim Development Management Team Leader advised Members that, following consultation with the Applicant’s Agent, consideration of the application should be deferred in order to provide Planning Officers the opportunity to update the report.

 

Members felt that a decision on the application should be deferred at this time in order to provide Planning Officers the opportunity to take into account the Grange-over-Sands Neighbourhood Plan.

 

RESOLVED – That consideration of Planning Application No. SL/2017/0144 be deferred to a future meeting.


09/01/2019 - Planning Application No.SL/2018/0011 - Kendal - Land off Oxenholme Road, Kendal ref: 3935    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 09/01/2019 - Planning Committee

Decision published: 29/01/2019

Effective from: 09/01/2019

Decision:

Erection of 49 dwellings (Phases 3 and 4) (Oakmere Homes (North West) Ltd).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2018/0011 which sought approval of reserved matters in relation to Phase 3 and Phase 4 of the residential development approved under Planning Application No. SL/2015/0085. He displayed photographs and plans which detailed the proposals and made reference to the site visit. Members’ attention was drawn to the Late Representations which had been circulated prior to the meeting and which included a letter of objection from a resident of Blencathra Gardens. The Interim Development Management Team Leader highlighted details of the affordable housing provision in Phases 1, 2 and 3. He advised Members that throughout the application process the house types, which now included split-level dwellings, had been changed and changes had also been made to the orientation of and the distances between new and existing dwellings and these changes addressed the issue of overlooking. He made reference to the landscaping scheme and informed Members that the culvert had been redesigned following consultation between the applicant and Natural England. In addition the Interim Development Management Team Leader advised Members that a response was awaited from the Local Lead Flood Authority in regard to the revised drainage strategy.

 

Ms Karen Valentine, a local resident, addressed the Committee. She informed Members that her property was on the boundary of the Oakmere Development and requested that her concerns be taken into account. She highlighted that the conservatory of her property had been erased from recent plans and requested an explanation as to why this was the case. She went on to outline concerns regarding the height of a number of plots and the distances between properties and stated that her property would be overlooked. She concluded her address by stating that the design of the proposed dwellings was overbearing, out of character and would have an impact on the wider settlement and amenity and would result in overcrowding, overlooking and loss of privacy and light.

 

Miss Meakin, a local resident, addressed the Committee. She informed Members that the trees had no maintenance programme and were getting large and causing shadows across the road and she proposed the introduction of a maintenance programme to manage the trees. She concluded her address by stating that it was a shame that the view from the A65, Burton Road, into Kendal would be ‘in your face’ housing and proposed that any buildings built on the hill to be 51 feet below the height of the existing development.

 

Mr Alastair Skelton, the applicant’s agent, addressed the Committee. He informed Members that the applicant understood the concerns of the residents of adjoining properties and had engaged directly with neighbours to discuss their concerns. He made reference to the relocated soakaway and the reconfigured boundary and that the applicant had provided extra detail regarding the topography. He acknowledged the concerns regarding flooding and explained that extensive consultation had taken place with the Council and the Local Lead Flood Authority in order to finalise a robust solution. Mr Skelton stated that Planning Officers had agreed that the townscape and visual impact were acceptable and that the impact on residential amenity had been considered carefully and thoroughly and that established standards and guidelines had been applied, the interface had been met and exceeded and additional separation achieved. He concluded his address by stating that the Planning Officer’s report was clear that there was no adverse impact, the applicant had worked and negotiated with local residents, it was a good quality development and he requested that the Committee approve the application.

 

In further presenting the report, the Interim Development Management Team Leader responded to concerns raised by local residents and displayed the plans to outline the height, elevation and separation distances of the proposed properties. He referred to the updated flood drainage scheme, the existing watercourse and proposed soakaways, and additional bunding and explained that an acceptable drainage plan could be achieved and this would be subject to a maintenance agreement.

 

The Interim Development Management Team Leader and Solicitor answered questions raised by Members. Members gave consideration to the reorientation of the proposed properties and acknowledged the amount of work which had been undertaken by the developer and the Planning Officers in preparing the application. Members agreed that it was a significant development and it was important that it was done properly and the development would be an example to other authorities of how to achieve the best for the community whilst protecting our landscape.

 

RESOLVED – That the application be granted subject to:-

 

(1)        receipt of a revised Drainage Strategy acceptable to the Local Lead Flood Authority and Scheme of Landscaping;

 

(2)        the completion of a Section 106 Planning Obligation with regard to the provision of affordable housing; and,

 

(3)        the following conditions:-

 

Condition (1)   The development herby permitted shall be carried out in accordance with the following approved plans:

 

-       To be agreed.

 

Reason:           For the avoidance of doubt and in the interests of proper planning.

 

Condition (2)   No development of the Emergency Vehicular Access onto Oxenholme Road as included on Drawing No. 049-0-01 Rev. B shall commence until a Safety Audit of the Emergency Vehicular Access has been prepared and a detailed scheme for the Emergency Vehicular Access has been submitted to and approved in writing by the Local Planning Authority. The Emergency Vehicular Access shall be implemented in accordance with the approved details and phasing scheme.

 

Reason:           To ensure safe access is provided for occupiers of the development in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (3)   No development within Phase 3 identified on Drawing Number 2664-0-11 ‘Proposed Site Phasing Layout’ shall take place until details of any alterations to the banks of the watercourse within that Phase have been submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details.

 

Reason:           To protect the water quality within the tributary of the River Kent Special Area of Conservation (SAC) and the River Kent Site of Special Scientific Interest (SSSI) in accordance with Policy CS8.4 of the South Lakeland Core Strategy and saved Policies C6 and C7 of the South Lakeland Local Plan.

 

Condition (4)   No development within Phase 3 or Phase 4 identified on Drawing Number 2664-0-11 ‘Proposed Site Phasing Layout’ shall take place until the levels of external paths and any/patio/decking areas within each plot for that Phase have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

Reason:           To ensure appropriate levels in the interest of the appearance of the site, the surrounding landscape and residential amenity in accordance with Policies CS8.2 and CS8.10 of the South Lakeland Core Strategy.

 

Condition (5)   The development shall be completed in accordance with the approved drainage scheme and shall be retained in accordance with the approved scheme at all times thereafter.

 

Reason:           To ensure that the drainage scheme does not result in the exacerbation of surface water flooding within the site or elsewhere in accordance with Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (6)   No development within Phase 3 identified on Drawing Number 2664-0-11 ‘Proposed Site Phasing Layout’ shall commence until a scheme detailing noise mitigation measures within the dwellings with habitable room windows facing Oxenholme Road in accordance with the details contained paragraphs 6 and 10 of the Acoustic Assessment provided by Sound Advice dated 6th January 2014. The approved noise mitigation measures shall be installed prior to first occupation of the respective dwellings and shall be retained thereafter.

 

Reason:           To ensure appropriate levels of amenity for occupiers in in accordance with Policies CS8.2 and CS8.10 of the South Lakeland Core Strategy and Paragraph 17 ‘Core Planning Principles’ of the National Planning Policy Framework.

 

Condition (7)   Phase 3 and Phase 4 as identified on Drawing Number 2664-0-11 shall be carried out in accordance with the Strawberry Fields Construction Method Statement January 2015 and Compound Layout Plan Drawing No. 042/CMS/01 Rev C (received 3 April 2018).

 

Reason:           To ensure appropriate levels of amenity for neighbouring occupiers in in accordance with Paragraph 17 ‘Core Planning Principles’ of the National Planning Policy Framework.

 

Condition (8)   All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out before any part of the development is occupied or in accordance with a programme to be agreed in writing with the Local Planning Authority prior to any development commencing. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

 

Reason:           To safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

 

Note – The Committee voted to adjourn for a break at 11.25 a.m. and reconvened at 11.32 a.m. when the same Members were present.


09/01/2019 - Planning Application No.SL/2018/0741 - Preston Patrick - Unit 14, The Old Cooperage, Gatebeck Business Park, Gatebeck ref: 3934    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 09/01/2019 - Planning Committee

Decision published: 29/01/2019

Effective from: 09/01/2019

Decision:

Change of Use from B8 (Storage and Distribution) to B2 or B2/B8 Mixed Use and erection of a chimney for a wood burning heater (Mr A Wright).

 

The Planning Officer presented Planning Application No. SL/2018/0741 which sought planning permission for the Change of Use from B8 (Storage and Distribution) to B2 or B2/B8 Mixed Use and the erection of a chimney for a wood burning heater. He referred to the site visit and displayed plans and photographs which detailed the proposals and drew Members’ attention to the Late Representations which had been circulated prior to the meeting. He highlighted that the main issues related to the impact of the proposal on the visual character of the area and residential impacts in respect of noise and dust, smoke and odours.

 

Mr Andrew Barlow, a local resident, addressed the Committee and displayed photographs during his address. He stated that he objected to the current application and informed Members that the applicant had stated that South Lakeland District Council (SLDC) had carried out extensive pollution monitoring over a six week period. However, the response to a Freedom of Information request had revealed that every visit from SLDC had been announced to the applicant. In addition he advised Members that SLDC did not have pollution monitoring test equipment and relied on ‘sniff tests’. Mr Barlow went on to inform Members that SLDC’s Principal Environment Health Officer and Chief Executive could not confirm if it was ok to breathe in noxious fumes. He stated that the wood burning heater was not used for heating, the applicant used it as an incinerator and planning permission was not in place for this form of use. In addition the wood burning heater had been used when the weather was comfortably warm and therefore not required for heating and also that black smoke had been seen coming from the chimney, which, Mr Barlow stated, indicated the incineration of plastic. Mr Barlow informed Members that he had also noted that local residential properties, which had wood burning stoves and coal fires, used these much less frequently and none, that he had witnessed, used their wood burning stoves as often as the applicant. He stated that the village was filled with stinking smoke, which was choking and that this should not be permitted in the heart of a village. He concluded his address by referring to the relocation of the spray booth and the health implications of the chemicals used and stated that it was unbelievable that the application had been approved by officers, regardless of the objections received, which included the Parish Council. He urged the Committee to reject the application.

 

Mr Hayhurst, a local resident, addressed the Committee. He explained that his home was the closest residential property to Unit 14 and that he did not object to the change of use, but strongly objected to the installation of the additional chimney for the wood burning heater. He stated that on 4 November 2018 he had witnessed, and had video evidence of, intense black smoke billowing out of Unit 14. He went on to state that in his opinion the existing spray booth and associated extraction unit was non-compliant, due to bends in the extraction flue, and also its proximity to the tower on Gatebeck Business Park would hinder the dispersion of fumes and this had not been taken into consideration by the applicant. He concluded his address by stating that the chimney flue, of the existing spray booth, did not comply with current legislation as it was not three metres higher than the roof of buildings within a 15 metre proximity.

 

Mr Mike Sweetman, the applicant’s agent, addressed the Committee. He began his address by refuting the claims that the applicant had been notified in advance of the pollution monitoring inspections by SLDC. He went on to advise Members that the applicant had developed knowledge and procedures over the past two and a half years in a programme of incremental improvements and was ready to expand the business. The applicant understood that the application would attract criticism. However, an element of doubt was expressed regarding the reliability of a number of the digital images which had been displayed. He advised Members that the wood used by the applicant in the manufacturing process was from a sustainable source and inevitably there was a by-product of the manufacturing process and if this by-product was not used on site, it would end up in landfill or be used as briquettes elsewhere. He acknowledged that smoke was generated by the wood burning heater during the initial start-up and referred to the photographic evidence of black smoke and stated that this was likely to have occurred during the afternoon re-start, if the external vent had not be opened. He concluded his address by stating that when burning wood the main cause of smoke was by burning damp wood. The by-product briquettes, used by the applicant as a heat source, were stored inside and therefore had minimal moisture content and would not cause excessive smoke pollution.

 

In further presenting the report the Interim Development Management Team Leader clarified the planning issues for consideration by the Committee and advised Members that other concerns of local residents, such as the control of processes or emissions, where these were subject to separate pollution control regimes and dealt with by other agencies such as the Environment Agency and SLDC’s Public Protection Department,  the local planning authority should assume that these regimes would operate effectively and planning decisions should not seek to duplicate those controls

 

The Environmental Protection Officer, Planning Officer and Interim Development Management Team Leader responded to questions raised by Members of the Committee. Members gave consideration to the concerns expressed by local residents and the Parish Council, to the environmental impact of the application and the expansion of an existing local business. Members’ attention was drawn to the planning conditions which were outlined within the report and which would address the concerns of local residents.

 

RESOLVED – That the application be approved subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall begin not later than three years from the date of this decision.

 

Reason:           To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

Location Plan, received 24th August 2018

Block Plan, received 24th August 2018

Elevations, Scale 1:100, received 24th August 2018

Airstream 1 Specification, received 7th November 2018

Haltec Product Guide, received 7th November 2018

Haltec Paint Arrestor Filter Media, received 7th November 2018

EPR Compliance Assessment Report, 7th November 2018

 

Reason:           For the avoidance of doubt and in the interests of proper planning.

 

Condition (3)   No machinery, including the woodburner, shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times 08.00-18.00 Monday-Friday and 09.00-1300 Saturday nor at any time on Sundays, Bank or Public Holidays.

 

Reason:           To safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework para 127.

 

Condition (4)   The flue for the Airstream 1 spray booth hereby permitted shall terminate a minimum of 3.0 metres above the ridge height of the building from which it exits and any other building located within 15.0 metres of the building from which the flue exits. The gases emitted from the flue shall have a minimum exit velocity of 15m/s and there shall be no plate, cap or cowl fitted to the exit terminal. The associated spray booth shall be fitted with Haltec Glass Fibre paint arrestor particulate filters. The spray booth and filters shall be serviced, maintained, cleaned, and replaced in line with manufacturer’s instructions at all times.

 

Reason:           To safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework para 127.

 

Condition (5)   The flue for the 35-45KW MTM NPS wood burner hereby permitted shall terminate a minimum of 1.5 metres above the ridge height of the building from which it exits. The wood burner shall be operated in accordance with the manufacturer’s guidelines at all times.

 

Reason:           To safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework para 127.

 

Condition (6)   Noise from operation of the site, including the use of fixed plant and machinery, shall not exceed the measured background level (LA90) quoted in the Clover Acoustics Noise Assessment Report reference 3527-R1 (submitted by the applicant with planning application reference SL/2016/0649), at any noise sensitive receptor.

 

Reason:           To safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework para 127.

 

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.


09/01/2019 - Planning Performance and Appeals Update ref: 3940    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 09/01/2019 - Planning Committee

Decision published: 29/01/2019

Effective from: 09/01/2019

Decision:

The Planning and Performance and Appeals Update was presented by the Interim Development Management Team Leader. He highlighted the revised format of the report and outlined the statistical performance of the Authority.

 

RESOLVED – That the report and contents of Appendices 1 and 2 to the report be noted.  


09/01/2019 - A Report on Monthly Enforcement Activity ref: 3939    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 09/01/2019 - Planning Committee

Decision published: 29/01/2019

Effective from: 09/01/2019

Decision:

The Enforcement Officer introduced the Monthly Enforcement Report which outlined Enforcement Activity between 1 November and 30 November 2018. The Enforcement Officer and the Interim Development Management Team Leader answered questions raised by Members.

 

RESOLVED – That

 

(1)        the contents of Appendix 1 to the report be noted; and

 

(2)        the actions of officers in closing cases as set out in Appendix 2 to the report be endorsed.