Agenda and minutes

Annual, Council - Tuesday, 22 May 2018 5.30 p.m.

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

Contact: Inge Booth 

Items
No. Item

C/1

Chairman

To elect a Chairman of the Council for the ensuing year.

 

(The incoming Chairman will then take the Chair.)

Minutes:

Note – The outgoing Chairman, Councillor Eric Morrell, who was due to be nominated for re-election as Chairman of the Council, left the room during the discussion and voting on the following item of business.  Councillor Giles Archibald proposed, seconded by Councillor Jonathan Brook, that Councillor Dyan Jones take the Chair to preside over the election of the Chairman.  A vote was taken and the motion carried.  Councillor Dyan Jones took the Chair for the item.

 

It was proposed by Councillor Giles Archibald and seconded by Councillor Jonathan Brook that Councillor Eric Morrell be elected Chairman of the Council for the ensuing year.

 

Councillor Ben Berry proposed Councillor Roger Bingham, and this was seconded by Councillor James Airey.

 

Following a vote, it was

 

RESOLVED – That Councillor Eric Morrell be re-elected as Chairman of the Council for the ensuing year.

 

Note – There was a short adjournment whilst the Chairman signed the official declaration of acceptance of office, and the meeting resumed with the same Members present, with Councillor Morrell in the Chair.

C/2

Chairman's Announcements

To receive announcements by the Chairman or retiring Chairman.

Minutes:

A list of engagements which the Chairman had attended since the last meeting had been circulated.

 

The Chairman thanked Members for re-electing him to the role and he looked forward to another year serving the interests of the Council.

 

The Chairman extended a warm welcome to the 18 new Members, Councillors Robin Ashcroft, Pat Bell, Matt Brereton, Sheila Capstick, Michael Cornah, Tracy Coward, Eammon Hennessy, Hazel Hodgson, Rachael Hogg, Kevin Holmes, Anne Hutton, Dave Khan, Helen Ladhams, Ian Mitchell, Jon Owen, Doug Rathbone, David Webster and Shirley-Anne Wilson. He expressed his appreciation to those former Members who had not been successful in the Elections, Norman Bishop-Rowe, Joss Curwen, Sheila Eccles, David Fletcher and Mel Mackie for their hard work and commitment to the residents of South Lakeland, and also to those former Members who had not stood for re-election in May 2018.

 

The Chairman informed the Council that Councillor John Holmes had relinquished the Chairmanship of South Lakes Housing and thanked him for the work which he had undertaken in the role.

C/3

Vice-Chairman

To appoint a Vice-Chairman of the Council for the ensuing year.

Minutes:

It was proposed by Councillor Giles Archibald and seconded by Councillor Jonathan Brook that Councillor Stephen Coleman be re-appointed Vice-Chairman of the Council for the ensuing year.

 

RESOLVED – That Councillor Stephen Coleman be re-appointed as Vice-Chairman of the Council for the ensuing year.

C/4

Minutes pdf icon PDF 170 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 28 March 2018 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Council held on 28 March 2018.

C/5

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

C/6

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

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

C/7

Leader pdf icon PDF 52 KB

A background note on the appointment of Leader is attached for information.

C/7a

Appointment of the Leader of the Council

Further to Minute C/057 (2010/11), to appoint a Leader of the Council, pursuant to Article 7.03 of the Council’s Constitution, until the Annual Meeting of the Council in 2022 (or for up to the end of his/her term of office as a Member, whichever is the shorter).

Minutes:

Further to Minute C/057 (2010/11), the Council was asked to appoint a Leader of the Council, pursuant to Article 7.03 of the Council’s Constitution, until the Annual Meeting of the Council in 2022 (or for up to the end of his term of office as a Member, whichever was the shorter).

 

It was proposed by Councillor Jonathan Brook and seconded by Councillor Dyan Jones that Councillor Giles Archibald be re-appointed Leader of the Council.

 

Councillor Tom Harvey proposed Councillor Ben Berry, and this was seconded by Councillor James Airey.

 

Following a vote, it was

 

RESOLVED – That Councillor Giles Archibald be re-elected as Leader of the Council until the Annual General Meeting 2022 (or up to the end of his term of office as a Member, whichever is the shorter).

 

C/7b

Appointment of Deputy Leader and Members of the Cabinet pdf icon PDF 72 KB

To receive, for information, from the Leader of the Council, the Deputy Leader and Cabinet appointments.

Minutes:

Further to C/7a above, the Leader, Councillor Giles Archibald, circulated and confirmed the details of those Members appointed to Cabinet and their relevant Portfolios.  In so doing, he thanked Members for re-electing him to the role of Leader. He referred to the Council’s work in making improvements to the public realm during the past year and highlighted several important issues that needed to be addressed in the forthcoming year.  The Leader expressed his belief that it was the Council’s role not only to carry out its statutory duties but also to see how it could contribute to the community in other ways, for example by tackling issues around poverty and climate change.

 

RESOLVED – That

 

(1)        it be noted that the Leader has confirmed the following Cabinet portfolios and appointments:-

 

(a)        Culture and Leisure Portfolio – Councillor Chris Hogg;

 

(b)        Economy and Assets Portfolio – Councillor Graham Vincent;

           

(c)        Environment Portfolio – Councillor Dyan Jones;

           

(d)        Finance Portfolio – Councillor Andrew Jarvis;

 

(e)        Health and Wellbeing Portfolio – Councillor Philip Dixon;

 

(f)        Housing, People and Innovation Portfolio – Councillor Jonathan Brook; and

 

(g)        Promoting South Lakeland Portfolio – Councillor Giles Archibald; and

 

(2)        it be noted that the Leader has re-appointed Councillor Jonathan Brook as Deputy Leader.

 

C/7c

Cabinet Scheme of Delegation

To receive a report from the Leader on the scheme of delegation for the discharge of the executive functions of the Council.

Minutes:

RESOLVED – That the report from the Leader on the Scheme of Delegation for the discharge of the Executive functions of the Council, circulated at the meeting and attached as an Appendix to these minutes, be received.

 

C/8

Shadow Executive

To receive the appointments to the Shadow Executive from the Leader of the Opposition.

Minutes:

The appointments to the Shadow Executive were announced to Council by Councillor Ben Berry, Leader of the Opposition.

 

RESOLVED – That the following appointments to the Shadow Executive be noted:-

 

(1)        Promoting South Lakeland Portfolio and Shadow Leader – Councillor Ben Berry;

 

(2)        Housing, People and Innovation Portfolio and Deputy Shadow Leader – Councillor Tom Harvey;

 

(3)        Culture and Leisure Portfolio – Councillor Helen Irving;

 

(4)        Economy and Assets Portfolio – Councillor James Airey;

 

(5)        Environment Portfolio – Councillor Kevin Lancaster;

 

(6)        Finance Portfolio – Councillor John Holmes; and

 

(7)        Health and Wellbeing Portfolio – Councillor Janette Jenkinson.

C/9

Political Balance, Allocation of Committee Places, Appointment of Committee Chairmen and Vice-Chairmen and Scheme of Delegation pdf icon PDF 97 KB

To note the political balance of the Council and to consider a report from the Director of Policy and Resources (Monitoring Officer) on the allocation of committee places, the Scheme of Delegation, and on the appointments of Committee Chairmen and Vice-Chairmen. (Nominations received from Group Leaders for Committee Memberships and Committee Chairmen and Vice-Chairmen will be circulated prior to the meeting.)

Additional documents:

Minutes:

In accordance with the provisions of the Local Government and Housing Act 1989, Council gave consideration to the political balance of the Council and to the committees and size of committees for the forthcoming year.  Prior to the commencement of the meeting, Members had been provided with a revised copy of Appendix 2 to the report (Size and Seats to be allocated to Political Groups on Committees), in addition to proposed committee memberships lists as agreed with the Group Leaders.

 

Members had formed into three groups for the purpose of allocating committee places.  The groups and their number of Members were as follows:–

 

Liberal Democrat – 29 Members

 

Conservative – 19 Members

 

Labour – 3 Members

 

The Director of Policy and Resources (Monitoring Officer) asked Council to approve the list of the committee allocations, proportional to the Council membership, together with the nominations to each Committee as circulated at the meeting.  Nominations received for Chairmen and Vice-Chairmen to each Committee had also been circulated at the meeting. Nominations to the County Council’s Health Scrutiny Committee, taken from the proposed membership of the Overview and Scrutiny Committee, had also been included.

 

Councillor Giles Archibald, seconded by Councillor Jonathan Brook, moved the recommendations contained within the report, the Liberal Democrat nominations for Chairmen and Vice-Chairmen of Committees being those circulated prior to the commencement of the meeting, namely:-

 

Committee

Chairman

Vice-Chairman

Audit

Stephen Coleman

Ian Stewart

Human Resources

Rachael Hogg

Philip Dixon

Licensing/Licensing Regulatory

Helen Ladhams

Gill Gardner

Overview and Scrutiny

Vicky Hughes

Douglas Rathbone

Planning

Pete McSweeney

Eric Morrell

Standards

Matt Severn

Pete McSweeney

 

In addition, Councillor Archibald, seconded by Councillor Brook, moved that Councillor Vivienne Rees be re-appointed as the Council’s representative on Cumbria County Council’s Health Scrutiny Committee, with Councillor Doug Rathbone as substitute Member.

 

Councillor Ben Berry, seconded by Councillor David Williams, moved the Conservative nominations for Chairmen and Vice-Chairmen of Committees which had been circulated prior to the commencement of the meeting, namely:-

 

Committee

Chairman

Vice-Chairman

Audit

Kevin Lancaster

Matt Brereton

Human Resources

Roger Bingham

Andrew Butcher

Licensing/Licensing Regulatory

James Airey

Tom Harvey

Overview and Scrutiny

Janette Jenkinson

Anne Hall

Planning

John Holmes

Michael Cornah

Standards

John Holmes

Sheila Capstick

 

Councillor Berry, seconded by Councillor David Williams, further moved that Councillor Janette Jenkinson be appointed as the Council’s representative on Cumbria County Council’s Health Scrutiny Committee, with Councillor Pat Bell as substitute Member.

 

Votes were taken and it was subsequently

 

RESOLVED – That

 

(1)        the political balance of the Council and terms of office for councillors, as set out in paragraph 3.2 and Appendix 1 to the report, be noted;

 

(2)        the committees and Terms of Reference for those committees, as detailed in Table 2, Part 3 of the Council’s Constitution, be approved for the forthcoming municipal year;

 

(3)        the delegation of Council functions and Proper Officer appointments be confirmed as set out in Part 3 of the Council’s Constitution;

 

(4)        the size of the committees and the seats of each committee to political groups be approved  ...  view the full minutes text for item C/9

C/10

Draft Calendar of Meetings pdf icon PDF 214 KB

To agree the Calendar of Meetings for May 2018 to July 2019 (copy attached).

Additional documents:

Minutes:

The Council gave consideration to the draft Calendar of Meetings for the period May 2018 to July 2019.

 

The Director of Policy and Resources (Monitoring Officer) reported changes to the proposed dates for the late January and February 2019 Planning Committee meetings and the March 2019 Council meeting, which were detailed in an updated version of the Calendar which had been circulated prior to the commencement of the meeting.

 

In response to a query, it was confirmed that the timings could be subject to change following request by the chairman of the relevant committee.

 

It was moved by Councillor Ben Berry, seconded by Councillor Giles Archibald and, subsequently

 

RESOLVED – That, subject to the alterations highlighted at the meeting and detailed in the updated version circulated prior to the commencement of the meeting, the Council’s Calendar of Meetings covering the period May 2018 to July 2019 be approved.

C/11

2017/18 Final Accounts Report - Carry Forwards and Movements on Reserves pdf icon PDF 42 KB

To consider approval of the 2017/18 Revenue and Capital carry forward requests and movements on reserves.

Additional documents:

Minutes:

Councillor Andrew Jarvis, Finance Portfolio Holder, presented Revenue and Capital carry forward requests relating to 2017/18 which had been recommended to Council for approval by Cabinet on 25 April 2018 (Minute No.CEX/135 refers).  The report also provided details on the transfer to and the use of reserves and working balances for 2017 and sought approval for those transactions.  Work was still ongoing to complete the Council’s accounts be the end of May 2018 and there remained a number of areas where figures were outstanding, including the transfers relating to retained business rates which could result in further transfers to and from reserves.  The report sought approval for the delegation of any further transfers to the Assistant Director Resources (Section 151 Officer).

 

In response to a query raised by Councillor David Williams, the Financial Services Manager explained that the figure relating to uncommitted reserves was shortly to be confirmed.

 

Councillor Andrew Jarvis, having moved the recommendations contained within the report, was seconded by Councillor Giles Archibald who expressed thanks to Officers for their work and the clear and concise report.

 

RESOLVED – That the following be approved:-

 

(1)        the revenue and capital carry forwards, as set out in Appendices 1 and 2 to the report;

 

(2)        the movements in reserves, as set out in Appendix 3 to the report; and

 

(3)        delegation to the Assistant Director  Resources (Section 151 Officer) to finalise any further transfers to and from reserves.

C/12

Annual Report 2017/18 pdf icon PDF 66 KB

To consider the Annual Report 2017/18.

Additional documents:

Minutes:

The Annual Report 2017/18 detailed the Council’s significant projects and achievements over the last 12 months.  The Report reflected the Council Plan priorities and had been written in a concise and plain English format to maximise impact.  Once approved, it would be distributed to partners and published on the Council website with links to the Council Plan.

 

In moving that the report be approved, the Leader, Councillor Giles Archibald commended Officers and Councillors for their work and highlighted that the Council continued to work towards meeting its target of 1000 affordable houses to rent by 2025. The district’s economic success had been recognised and he was delighted to be working with local communities to improve the public realm. The Council had achieved its goal in implementing kerbside recycling services to 100% of residents in the district.  He was pleased to announce the completion of the interim scheme to decontaminate and partially landscape New Road Common.

 

Councillor Graham Vincent, Economy and Assets Portfolio Holder, highlighted this year’s excellent economic statistics which he stated proved South Lakeland was the best place to live, work and explore. According to the Office for National Statistics South Lakeland’s multibillion pound economy was now the fastest growing in Cumbria and Grant Thornton’s Vibrant Economy Index listed South Lakeland as one of the top five performing economic areas in the North West.

 

Councillor Mark Wilson made reference to the dynamic piece of work which had launched the Applied Theatre in Cumbria (ATiC) project which had worked with young people and undertook workshops and theatre performances promoting mental health and personal resilience.

 

Councillor Chris Hogg, Culture and Leisure Portfolio Holder, highlighted that, since the Lake District had achieved World Heritage Status, the area had seen an increase in visitors.  He stressed as a result the need for more cultural opportunities. As Culture and Leisure Portfolio holder he wished to highlight the Council’s cultural projects and the millions of pounds they generated for the area.

 

Councillor Matt Severn expressed his thanks to Councillor Chris Hogg and wished him well in his role as Culture and Leisure Portfolio Holder. Councillor Severn agreed that there was an excellent cultural landscape for people to choose from and expressed that he had been very proud to serve on the Cabinet.

 

Councillor David Williams requested details of the number of businesses surveyed as part of the South Lakeland Business Premises survey in 2017 and Councillor Archibald agreed to provide him with a written response.

 

Councillor Jonathan Brook, Housing, People and Innovation Portfolio Holder, seconding Councillor Archibald, made particular reference to housing and the six million pound loan fund to South Lakes Housing which would support developers to build more affordable housing across South Lakeland. Local Development Plans had been produced and a further plan was underway.

 

Councillor Giles Archibald commended Officers and expressed his thanks for their work in producing a good report.

 

RESOLVED – That the Annual Report 2017/18 be approved.

C/13

Chair of the Audit Committee's Annual Report 2017/18 pdf icon PDF 54 KB

To receive the Chair of the Audit Committee’s Annual Report which summarises the activities of the Committee during 2017/18.

Additional documents:

Minutes:

The Annual Report from the Audit Committee, which summarised the activities of the Committee during 2017/18, was presented by Councillor Stephen Coleman, the Chairman of the Committee.  Councillor Coleman moved that the report be received and was seconded by Councillor Ian Stewart.

 

RESOLVED – That the 2017/18 Audit Committee Annual Report be received.

C/14

Annual Report of Standards Committee 2017/18 pdf icon PDF 61 KB

To receive the Standards Committee Annual Report for 2017/18.

Additional documents:

Minutes:

Council considered the Annual Report of the Standards Committee for the municipal year 2017/18, which was presented by Councillor Chris Hogg who had been Chairman of the Committee during that year.  He moved that the report be received and was seconded by Councillor Pete McSweeney.

 

RESOLVED – That the 2017/18 Standards Committee Annual Report be received.

C/15

Scrutiny Annual Report 2017/18 pdf icon PDF 65 KB

To receive the Overview and Scrutiny Committee’s Annual Report which summarises the work and achievements of the Committee during 2017/18.

Additional documents:

Minutes:

The former Chairman of the Overview and Scrutiny Committee, Councillor Dyan Jones, presented the Scrutiny Annual Report 2017/18. The report was required by the Council’s Constitution, and provided an opportunity for the Committee to demonstrate the work that it had undertaken during the past year, and to outline the work planned for 2018/19.

 

In moving that the report be received, Councillor Jones expressed thanks to the officers and Committee Members for their involvement and support and she highlighted that it had been a busy and productive year following the merge of the Performance Sub-Committee with the Overview and Scrutiny Committee.

 

In seconding the proposal, Councillor Brian Cooper, commended Councillor Jones for her good chairmanship throughout the year.

 

RESOLVED- That the Scrutiny Annual Report 2017/18, as at Appendix 1 to the report, be received.

C/16

Annual Reports from Representatives on Outside Bodies 2017/18 pdf icon PDF 247 KB

Further to EX/015 (2006/07), to receive annual reports from Council representatives on outside bodies.

Additional documents:

Minutes:

Further to Minute EX/015 (2006/07), annual reports from Council representatives on outside bodies which had been submitted were presented.  Additional reports, received after the agenda had been printed, had been circulated prior to the commencement of the meeting.

 

In response to a query, the Director of Policy and Resources (Monitoring Officer) undertook to confirm the percentage of reports which had been submitted for the meeting.

 

Councillor Chris Hogg moved that the report be received and in seconding the proposal Councillor Ben Berry expressed appreciation for the report on the work of the Lake District National Park Authority.

 

RESOLVED - That the reports be received.

C/17

Representation on Outside Bodies 2018/19

Further to EX/017 (2006/07), to make appointments to, or appoint representatives to serve on, the following outside bodies (one year term unless otherwise stated):-

 

·         Cumbria Police and Crime Panel (one Liberal Democrat Member in accordance with the Panel’s Constitution (previously Cllr Pete McSweeney))

·         Local Government Association General Assembly (Leader of the Council plus one Member (previously former Cllr Stan Collins))

·         North West Local Authorities Employers’ Organisation (one Member (previously former Cllr Brenda Gray) and one Substitute (previously former Councillor Annie Rawlinson))

·         Lake District National Park Authority (two Members (previously former Cllr David Fletcher and Councillor Vivienne Rees) to the end of their term on South Lakeland District Council)

·         Yorkshire Dales National Park Authority (one Member (previously former Cllr Brenda Gray) to the end of their term on South Lakeland District Council)

Minutes:

Further to EX/017 (2006/07), Council was asked to consider appointments to/appoint representatives to serve on outside bodies.

 

Councillor Giles Archibald, seconded by Councillor Chris Hogg, proposed that Councillor Pete McSweeney be re-appointed to the Cumbria Police and Crime Panel.

 

Councillor Giles Archibald, seconded by Councillor Chris Hogg, proposed that, together with the Leader of the Council, Councillor Jonathan Brook be appointed as the Council’s representative on the Local Government Association General Assembly.  Councillor Ben Berry proposed Councillor Roger Bingham, and this was seconded by Councillor Helen Irving.

 

Councillor Giles Archibald, seconded by Councillor Andrew Jarvis, proposed that Councillor Jonathan Brook be appointed as the Council’s representative on the North West Local Authorities Employers’ Organisation, with Councillor Rachael Hogg to be appointed as the Council’s substitute on the Organisation.  Councillor Ben Berry proposed Councillor Tom Harvey as representative, and this was seconded by Councillor James Airey.

 

Councillor Giles Archibald, seconded by Councillor Andrew Jarvis, proposed that Councillors Vivienne Rees and Vicky Hughes be appointed to the Lake District National Park Authority.

 

Councillor Ben Berry proposed Councillors Anne Hall and Kevin Holmes, and this was seconded by Councillor Matt Brereton.

 

Councillor Giles Archibald, seconded by Councillor Chris Hogg, proposed that Councillor Ian Mitchell be appointed to the Yorkshire Dales National Park Authority.

 

Councillor Ben Berry proposed Councillor Kevin Lancaster, and this was seconded by Councillor Helen Irving.

 

Votes were taken and it was subsequently

 

RESOLVED – That appointments to/appointment of representatives to serve on outside bodies for 2018/19 (or for terms as otherwise stated) be made as follows:-

 

(1)        Cumbria Police and Crime Panel – Councillor Pete McSweeney;

 

(2)        Local Government Association General Assembly – the Leader of the Council and Councillor Jonathan Brook;

 

(3)        North West Local Authorities Employers’ Organisation – Councillor Jonathan Brook, with Councillor Rachael Hogg as substitute Member;

 

(4)        Lake District National Park Authority – Councillors Vivienne Rees and Vicky Hughes, to the end of their terms on South Lakeland District Council; and

 

(5)        Yorkshire Dales National Park Authority – Councillor Ian Mitchell, to the end of his term on South Lakeland District Council.

C/18

Minutes of Meetings

To receive Chairmen’s comments (if any notified) in respect of the minutes of the Committee meetings held between 12 March and 20 April 2018.

Minutes:

RESOLVED – That it be noted that no comments or questions had been received in respect of the minutes of committee meetings held between 12 March and 20 April 2018.

C/19

Questions to Chairman of the Council or Chairman of any Committee or Sub-Committee

To deal with any questions under Rule 10.6 of the Council’s Rules of Procedure, of which due notice has been given and/or the Chairman allows as a matter of urgent business and which are in relation to any matter over which the Council has powers or duties or which affect the area.

Minutes:

Councillor James Airey wished to raise an urgent question under this item with regard to the poor service provided by Northern Rail within the area. However, the Director of Policy and Resources (Monitoring Officer) explained that as he had not provided notice in accordance with the Constitution, his question could not be taken. The Leader, Councillor Giles Archibald took the opportunity to inform Members that he shared the concerns and would be pursuing this matter in consultation with the local Member of Parliament.

 

RESOLVED – That it be noted that no questions had been received.

C/20

Toast by Chairman

The Chairman will toast, all present then standing:-

 

(1)        by name, the former district authorities now incorporated in South Lakeland, namely:-

 

·         Kendal Borough Council;

·         Grange Urban District Council;

·         Lakes Urban District Council;

·         North Lonsdale Rural District Council;

·         Sedbergh Rural District Council;

·         South Westmorland Rural District Council;

·         Ulverston Urban District Council; and

·         Windermere Urban District Council; and

 

(2)        the honourable memory of the County of Westmorland.

Minutes:

The Chairman toasted, all present then standing, the memory of the former district authorities now incorporated in the South Lakeland District, namely:-

 

·         Kendal Borough Council;

·         Grange Urban District Council;

·         Lakes Urban District Council;

·         North Lonsdale Rural District Council;

·         Sedbergh Rural District Council;

·         South Westmorland Rural District Council;

·         Ulverston Urban District Council; and

·         Windermere Urban District Council; and

 

the honourable memory of the County of Westmorland.

Appendix to Minutes pdf icon PDF 85 KB