Decision details

The Square Public Realm Improvement Scheme, Burton-in-Kendal

Decision status: For Determination

Is Key decision?: Yes

Is subject to call in?: Yes




The Economy, Culture and Leisure Portfolio Holder reported that the Burton-in-Kendal Partnership Scheme in Conservation Areas (PSiCA) was a three-year partnership scheme, jointly funded by Historic England, the District Council and Burton-in-Kendal Parish Council. It comprised a programme of grant-aided repairs to historic properties, public realm improvements to the Square and the preparation of a Village Design Statement (VDS). The VDS was intended to be adopted by the Council as a Supplementary Planning Document to guide the design of new development affecting the Conservation Area and its setting.


Cabinet had approved the Council entering into the scheme at its meeting on 21 March 2018 (CEX/121 (2017/18) refers) and had committed £35,000 per year to the Capital Programme for three years from the LIPs scheme. Burton-in-Kendal Parish Council had committed £5,000 per annum, and Historic England has committed £40,000 per annum to match the funding available from the District and Parish Councils. Additionally the Cabinet at its meeting on 31 October 2018 had committed £12,000 towards the initial project development phase of the scheme from the Cumbria Non-Domestic Rate Pool Income Reserve (CEX/49 2018/19 refers). The PSiCA scheme Delivery Plan had been approved by Historic England in March 2019 and was currently being implemented. When complete, the Scheme aimed to ensure that the Conservation Area was removed from Historic England’s Heritage at Risk Register.


As part of the project development phase, the District Council had commissioned Crosby Granger Architects to prepare a detailed design for a public realm improvement scheme for the Square, including putting the scheme out to tender and managing the implementation of the contract. A final design had been prepared following extensive technical and community consultation. In particular the final scheme incorporated significant drainage improvements to alleviate local flooding problems following advice from Cumbria County Council as local lead flood authority and highway authority. It was proposed to commence work in October, or as early as possible, in part to reduce the annual risk of flooding to local properties over the winter period.


Note – Prior to the meeting, and subsequent to the completion of the tender evaluation exercise, Members had been provided with copies of the Part II Appendix 1 to the report (tender details) which was excluded from inspection by members of the public in accordance with Section 100 (B) of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, and, in all the circumstances of the case, it was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing it.  Copies of the document were excluded, as it contained information as described in Schedule 12A of the Act as follows:-


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


Note – At this point in the proceedings, Members voted to exclude the press and public in order to discuss the tender details contained within the Part II Appendix 1 to the report.

Publication date: 13/09/2019

Date of decision: 11/09/2019

Decided at meeting: 11/09/2019 - Cabinet

Effective from: 23/09/2019

Accompanying Documents: