Agenda and minutes

Council - Wednesday, 10 October 2018 6.30 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Inge Booth 

No. Item


Minutes pdf icon PDF 302 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 24 July 2018.


RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Council held on 24 July 2018.


Public Participation

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 0:01am (one minute past midnight) two working days before the meeting.  Information on how to make the application can be obtained by viewing the Council’s Website or by contacting the Committee Services Team on 01539 733333.


(1)        Questions and Representations


            To receive any questions or representations which have been received from members of the public.


(2)        Deputations and Petitions


            To receive any deputations or petitions which have been received from members of the public.


Questions and Representations


Three members of the public addressed Council with regard to the Ulverston Leisure Site Masterplan project development work which had been considered by Cabinet on 10 September 2018 (CEX/35 (2018/19) refers).


Caroline Clutterbuck explained that she had played tennis for 35 years.  She had moved to Ulverston 14 years ago as a newly qualified tennis coach and had chosen Ulverston to live in, particularly for its tennis facilities.  She pointed out that, over recent years, the number of public tennis courts in the Furness area had reduced significantly, with no public courts in Barrow, and the Leisure Centre providing the only ones in Ulverston.  Ulverston Tennis Club had played tennis for over 60 years on this land and, having recently lost three courts at the Leisure Centre to a 3G pitch, its membership had decreased.  Ms Clutterbuck referred to the various groups of tennis players using the courts throughout the year, often using two or three courts at least, and referred to competitions which involved use of four courts for up to four hours.  There was a good amount of usage overall and demand from the local community.  Ms Clutterbuck pointed out that it was vital that all age groups were given the opportunity to play the game that was proven to be beneficial to health and wellbeing.  She asked if the current facility could be maintained, whether the air hall was really feasible and if a sauna was an essential addition to the pool as recently added in the latest proposals.  She wished for the latest proposals to be revised and for fair consideration to be given to tennis.


Peter Barton, resident of Rosside, near Ulverston, addressed Members on behalf of the Furness tennis community.  They believed that in one key respect the new plan needed a re-think and was fundamentally flawed.  They felt that further consultation needed to take place before the Council sanctioned a £100,000 contribution to fund further development work on the Ulverston Leisure Site Masterplan, because the new plan potentially took the proposals in the wrong direction.  Mr Barton said that, in 2016, FMG had produced a report in conjunction with GSK to propose a facilities mix and layout for a leisure complex to meet the needs of the Ulverston and district area for the 21st Century.  Four options had been proposed which included new facilities such as a new swimming pool, new sports hall and gym, and retention of existing facilities such as the tennis centre, AstroTurf pitch, etc.  Crucially, all four options had included the provision of a minimum of two indoor tennis courts, as well as the outdoor existing courts.  More recently a revised report, proposing reduced facilities had been published in September 2018, which took into account the reduced contribution that GSK was proposing to make.  The revised proposal contained within the report was that the indoor tennis courts be scrapped altogether – the exact term used was ‘not provided’.  Crucially, the report claimed that  ...  view the full minutes text for item C/36


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.


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


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.


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


Chairman's Announcements

To receive announcements by the Chairman.


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


The Gambling Act 2005 - Revised Statement of Gambling Policy pdf icon PDF 104 KB

Statutory review of the South Lakeland District Council's Statement of Gambling Policy

Additional documents:


Councillor Chris Hogg, Culture and Leisure Portfolio Holder, presented a report recommending the adoption of a revised Statement of Gambling Policy.  Licensing authorities were required to determine and publish a statement of their Gambling Policies once every three years.  The statement set out the basis on which decisions under the Gambling Act 2005 would be made and strove to achieve a local balance between the commercial interest of the licensing trade and the communities they served and affected.  Changes which had taken place in national and legislative policy since the policy had last been amended in 2015 were reflected in the updated revision.


Following public consultation, the draft Policy had been considered and recommended to Council for adoption by the Licensing Regulatory Committee on 20 August 2018.


The Principal Food, Licensing and Safety Officer would shortly be leaving the Council’s employment, and Councillor Hogg expressed thanks for her hard work and commitment.


Councillor Hogg moved the recommendation contained within the report and was seconded by Councillor Tom Harvey.


RESOLVED – That the revised Statement of Gambling Policy, as attached at Appendix 1 to the report, be adopted.


Revised Statement of Community Involvement pdf icon PDF 184 KB

To consider adoption of the revised Statement of Community Involvement.

Additional documents:


Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder, presented a report recommending the adoption of a revised Statement of Community Involvement (SCI) as Council policy.  The purpose of the revision was to update the current SCI to enable changes to Development Management consultation processes in preparation for the Council’s Customer Connect Programme and to update the document with regard to the Neighbourhood Planning Act 2017 Regulations 2018.  The updated document set out how the Council intended to consult with communities and stakeholders on statutory planning documents, planning guidance and planning applications.


The draft revised SCI had been reported to Cabinet on 8 July 2018 and approved for public consultation.


Councillor Brook moved the recommendation contained within the report and was seconded by Councillor Andrew Jarvis.


RESOLVED – That the revised Statement of Community Involvement, as attached at Appendix 1 to the report, be adopted as Council policy.


Local Development Scheme October 2018 Update pdf icon PDF 110 KB

To consider adoption of the Local Development Scheme 2018-2021 (October 2018 Update).

Additional documents:


The Council’s Local Development Scheme (LDS) was the Council’s project plan for bringing future Local Plan documents forward. It included a timetable that set out when Local Plan documents would be prepared from commencement to adoption. Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder, moved the recommendations contained within the report and informed Members that the most current LDS 2018-2021 had been adopted in February 2018. It guided the final stages of current plan-making in 2018/19 (for the 2003-2025 period) and set out the stages for preparing the single replacement Local Plan in place by 2021 covering the period 2016-36. The Government was placing increasing emphasis on local planning authorities having up-to-date local plans and intended to introduce regulations to require the review of plans every five years.


In accordance with the Planning and Compulsory Purchase Act 2004, Development Plan Documents (DPDs) were examined to assess whether their preparation had been conducted in a manner which satisfies legal requirements and tests of soundness. DPDs could only be recommended for adoption subject to demonstrating the relevant legal requirements had been satisfied. Under Section 19 of the Act, a DPD had to be prepared in accordance with the LDS. Therefore, one element of meeting legal requirements related to the extent to which preparation of any DPD was in accordance with the timetable prescribed for it as set out in the LDS. Local planning authorities had to ensure that the adoption of any DPDs accorded with the timescales set out in the LDS and so the progress of the DPDs had to be monitored against the LDS. If there was a need for the timescales to be altered, the LDS would need to be updated to reflect the updated timetable.


The current South Lakeland LDS 2018-2021 set out that the Arnside and Silverdale Area of Outstanding Natural Beauty (AONB) DPD and the Development Management Policies DPD would be adopted by September 2018.  Since the adoption of the current LDS, the DPDs had been subject to an examination in public. In response to recommendations made by the Inspector appointed to examine the DPDs, the Council had proposed a number of main modifications to the DPDs and these had to be subject to a six week consultation. Alongside this, further work as required to the Habitats Regulations Assessments for each DPD as a result of a judgment of the Court of Justice of the European Union concerning Article 6(3) of the Habitats Directive. Taking account of the need to undertake such consultation and subsequent Inspector Reporting timescales, it was considered the Council would not be in a position to adopt the DPDs until February 2019 subject to the outcomes and receipt of the Inspector’s report. In light of this, the Inspector had confirmed in letters written to the Council that the LDS required to be refreshed to reflect the updated timescale to adoption. This would ensure the DPDs could be found to satisfy the relevant legal requirements


Accordingly, the LDS  ...  view the full minutes text for item C/42


Leader's Announcements and Cabinet Question Time (30 Minutes)

To receive announcements from the Leader and, in accordance with Paragraphs 10.2 and 10.3 of the Council’s Rules of Procedure, to deal with any questions to the Leader and/or Portfolio Holders on any topic which is within the jurisdiction or influence of the Council and is relevant to their Portfolio.  Any Member who poses a question will be entitled to ask one supplementary question on the same topic.


Members are encouraged to give 24 hours’ written notice of questions to the Solicitor to the Council of questions to be raised under the Agenda Item.  If no notice is received, then the Portfolio Holder can reserve the right to give a written answer.  Where written notice of questions has been given, these will be taken first.  Should a Member wish to ask more than one question, questions should be listed in order of priority.  If more than one Member sends in a question, these will be taken in alphabetical order of Members’ names, alternated from meeting to meeting.  Each question and each response is restricted to three minutes.


The Leader referred to the recent announcement by GSK of the impending closure of its sterile injectables manufacturing unit at Ulverston and 191 job losses.  He reported that, together with the Director People and Places, he had attended a meeting involving local MPs, Ulverston Town Council representatives, trade unions and GSK managers at which concern had been expressed for staff, the community and the blow to the local economy.  GSK had been asked to work with the local community to ensure that appropriate training and support was on offer and to assist in restoring the economic viability of the area.  A further meeting would be held in November and GSK had agreed to arrange a meeting between GSK senior managers and Local MPs and Council Leaders to provide the reasons for the closure of the unit and to confirm the commitments made at the last meeting.  The Leader pointed out that GSK had already confirmed that the tablet manufacturing unit was to stay in Ulverston and that the £2m commitment towards the Ulverston Leisure Facilities remained.


The Leader mentioned the representations and questions made by members of the public earlier in the meeting in relation to the Ulverston Leisure Facilities.  Appropriate responses would be given to the speakers, however, the Leader was pleased at the cross party support shown to date in working to establish a new leisure centre.  Although £100,000 had been committed by Cabinet on 10 September 2018 to development work, no final decision on the building of a new facility had been made at this stage.


The Leader raised the issue of anthropogenic climate change, to the recent disaster in Florida and the hurricanes to date this season.  He reported that he and Councillor Dyan Jones, Environment Portfolio Holder, had been out in the District discussing the subject with local residents.  They had come away with many suggestions which had been refined down resulting in a final list of actions on which it was proposed to engage on in the coming months.


In closing, the Leader reminded those Members who had not yet completed Personal Development Plans to do so.


In accordance with paragraphs 10.2 and 10.3 of the Council’s Rules of Procedure, the following written question had been submitted to the meeting:-


From Councillor Tom Harvey to Councillor Giles Archibald, Leader and Promoting South Lakeland Portfolio Holder - What steps has the leader of the council made in his efforts to access available central government resources, out-with the annual grant settlement, for local government-related expenditure in South Lakeland.


Councillor Archibald was pleased to be able to highlight the work carried out to attract additional funding beyond normal support grants.  He referred to new burdens funding, where the Government had introduced new responsibilities for local authorities and allocated funding to Councils outside the main finance settlement, and to other Government announcements, for example the Community Housing Fund.  Councillor Archibald also highlighted a number of other areas where bids had or were being made for funding for specific  ...  view the full minutes text for item C/43


Minutes of Meetings

To receive Chairmen’s comments (if any notified) in respect of the minutes of the Committee meetings held between 24 June and 14 September 2018.


RESOLVED – That it be noted that no comments or question s have been received in respect of the minutes of committee meetings held between 24 June and 14 September 2018.


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.


RESOLVED – That it be noted that no questions have been received under Rule 10.6 of the Council’s Rules of Procedure.


Urgent Decisions pdf icon PDF 171 KB

In accordance with Paragraph 17.3 of the Access to Information Procedure Rules, to receive details of any urgent Executive Decisions taken since the last scheduled meeting of Council on 24 July 2018.


Details of an urgent Executive Decision (CEX/33 (2018/19)), which had been taken with regard to the delegation of the final decision on whether the Council should join the Cumbria 75% business rate pilot pool and the content of any such bid, were reported, in accordance with paragraph 17.3 of the Overview and Scrutiny Procedural Rules.


RESOLVED - That the urgent Executive Decision (CEX/33 (2018/19)) be noted.


Senior Management Restructure pdf icon PDF 168 KB

To consider adoption of the revised senior management structure with effect from 1 April 2019.

Additional documents:


Note – Due to the fact that their roles were subject to review under the proposals for restructure, with the exception of the Chief Executive, the Senior Committee Services Officer and Jonathan Holden, Legal Adviser, all those officers taking part in the meeting, left the Chamber for this item of business.


Further to C/26 (2018/19), Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder, introduced a report seeking approval for the revised senior management structure of the Council, to be implemented with effect from 1 April 2019.  Councillor Brook moved the recommendations contained within the report, stating that the significant savings to be made were not the primary driving factor for the proposals, rather the adoption of a new way of working for the delivery of improved services for the people of South Lakeland.  He was seconded by Councillor Giles Archibald.


In presenting the details of the report, the Chief Executive first expressed his pride in, and offered his thanks to, staff, the Council’s greatest asset, for their unwavering commitment in challenging circumstances.  He explained that it was with the staff in mind and the need to ensure wide and fulsome consultation that the process had taken so long.  He referred to a recent article in the Local Government Chronicle by Dominic Campbell about the time being taken for local government to move into 21st century digital government.  The article concluded that, “The future is owned by those with the vision, leadership, creativity, political guile and guts to both imagine a different world and drive us towards it.”  He referred to his foreword in the consultation packs to be presented to staff which explained that the Council was moving into the first phase of the Customer Connect Programme and made reference to the opportunity for staff to provide feedback and suggestions.  The Chief Executive also referred to the latest issue of Inside Story which had been a Customer Connect special.  The Council’s External Auditors, Grant Thornton, had also been asked for their opinion on Customer Connect.  They had indicated that South Lakeland District Council was the first authority in the northwest to move forward with such a fundamental change.  A report written by Grant Thornton a number of years previously had indicated that those authorities at the forefront of transformation would be the ones that would survive and prosper.


The Chief Executive reported that the key aims of the proposals around the revised senior management team were designed to provide the corporate, operational and functional leadership and management necessary to ensure that the Council delivered its priority outcomes and services and derived the benefits of the Customer Connect Programme, within the scope and intent of the approved business plan.


The proposed senior management structure, details of which were shown at Appendix 1 to the report, would operate within three tiers, rather than the existing four:-


Tier 1   Chief Executive.


Tier 2   Director of Strategy, Innovation and Resources, responsible for the Council’s strategic direction based on the  ...  view the full minutes text for item C/47