Agenda and draft minutes

Annual, Council - Wednesday, 19 May 2021 5.30 p.m.

Venue: Assembly Room, Kendal Town Hall, Kendal

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:

The outgoing Chairman, Councillor Stephen Coleman, presided over the election of the Chairman of the Council for the ensuing Council year.

 

It was proposed by Councillor Jonathan Brook and seconded by Councillor Andrew Jarvis that Councillor Pete McSweeney be elected Chairman of the Council for the ensuing year.

 

The outgoing Chairman, Councillor Stephen Coleman paid his respects to former Councillor Avril Dobson who had recently passed away.

 

Councillor Coleman thanked officers and Members for their assistance and support throughout his time as Chairman of the Council.

 

Following a vote, it was

 

RESOLVED – That Councillor Pete McSweeney be elected Chairman of the Council for the ensuing year.

C/2

Chairman's Announcements

To receive announcements by the Chairman or retiring Chairman.

Minutes:

Further to the District Council By-Elections held on 6 May 2021, the Chairman expressed his thanks to the following outgoing Councillors for their Service to the Authority:-

 

·        James Airey;

·        Anne Hall;

·        Ann Hutton; and

·        Eric Morrell.

 

The Chairman welcomed the following newly-elected Members:-

 

·        Councillor Ben Cooper (Furness Peninsula);

·        Councillor Pete Endsor (Grange);

·        Councillor Ali Jama (Kendal Rural); and

·        Councillor Heather Troughton (Broughton and Coniston).

 

The Chairman expressed his thanks to Councillor Mark Wilson for his service as the leader of the labour group. The Leader of the Council echoed the Chairman’s thanks and added that Councillor Wilson had been a strong and effective leader, pushing all Members to provide the best service to residents.

C/3

Vice-Chairman

To appoint a Vice-Chairman for ensuing year.

Minutes:

It was proposed by Councillor Jonathan Brook and seconded by Councillor Jarvis that Councillor Matt Severn be appointed Vice-Chairman of the Council for the ensuing year.

 

Following a vote, it was

 

RESOLVED – That Councillor Matt Severn be appointed Chairman of the Council for the ensuing year.

C/4

Minutes pdf icon PDF 337 KB

To authorise the Chairman to sign, as correct records, the minutes of the meetings of the Council held on 23 March 2021 and 30 March 2021.

Additional documents:

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Council held on 23 March 2021 and 30 March 2021.

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's Announcements

To receive any announcements from the Leader of the Council.

Minutes:

The Chairman of the Council informed Members that the Council had received notification that Councillor Archibald was to resign from the position of Leader of the Council this to be effective following this item on the agenda.

 

The Leader of the Council, Councillor Giles Archibald thanked Councillor Coleman for his work over the last two years during an incredibly difficult period and took the opportunity to congratulate Councillor McSweeney in his new role as Chairman of the Council. He expressed his gratitude to the Legal, Governance and Democracy Specialist (Monitoring Officer) for ensuring a safe and smooth transition from virtual back to in person meetings. All Members were thanked for their work throughout Councillor Archibald’s tenure as Leader of the Council which highlighted the great level of care for the community shown by the Council.

 

The Leader thanked officers for their continued hard work which had provided regular services were as well as ensuring that an impressive list of important projects were able to be completed during his time as Leader. He then expressed his thanks to the Chief Executive Officer of the Council who had led the Council in an extraordinarily professional manner through a number of key projects as well as leading through the pandemic, Customer Connect and Local Government Reorganisation and informed Members of the crucial role he had played in refugee resettlement.

 

In concluding his address, the Leader of the Council expressed his thanks to Cabinet Members for their support and to Councillor Brook for his work as Deputy Leader of the Council.

 

The Deputy Leader of the Council, Councillor Jonathan Brook thanked Councillor Archibald for his dedicated and insightful leadership and highlighted that he had lead from the front through a number of difficult, diverse and unique challenges and in doing so had enhanced the reputation of the Council as well as focusing on the green agenda and protecting biodiversity. In concluding his thanks to the Leader, Councillor Brook made reference to the important collaboration that had taken place on a number of key issues and reiterated the importance of Councillor Archibald’s work as the Leader of the Council which had helped to set a firm basis for the future.

 

Members echoed what had previously been stated and added that Councillor Archibald had engaged with all Members and had led with distinction throughout his tenure as Leader of the Council.

C/8

Leader, Deputy Leader, Cabinet Appointments and Discharge of Executive Functions

C/8a

Appointment of the Leader of the Council pdf icon PDF 214 KB

To appoint a new Leader of the Council.

Minutes:

It was proposed by Councillor Archibald and seconded by Councillor Jarvis that the constitution be amended at Part 4.1 (1.1).

 

Following a vote, it was

 

RESOLVED – That the constitution be amended to provide at Part 4.1 (1.1) (f) as follows to replace the existing wording “elect the Leader (in the year which the current Leader’s term of office expires) with “elects a Leader if so required”. To insert the following, a new Part 2 7.12 “The election of a Leader will take place at the Annual or Ordinary Council Meeting”.

 

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, for the balance of his or her term of office as a Councillor in accordance with Part 2 Article 7.08 of the Constitution.

 

It was proposed by Councillor Giles Archibald and seconded by Councillor Andrew Jarvis that Councillor Jonathan Brook be appointed Leader of the Council.

 

Following a vote, it was

 

RESOLVED – That Councillor Jonathan Brook, be elected as Leader of the Council for the balance of his term of office as a Councillor in accordance with Part 2 Article 7.08 of the Constitution.

C/8b

Appointment of Deputy Leader and Members of the Cabinet pdf icon PDF 8 KB

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

Minutes:

Further to C/7a above, the new Leader, Councillor Jonathan Brook, confirmed details of those Members appointed to Cabinet and their relevant Portfolios.

 

RESOLVED – That

 

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

 

(a)   Councillor Robin Ashcroft – Economy, Culture and Leisure Portfolio Holder;

 

(b)   Councillor Jonathan Brook – Promoting South Lakeland and Innovation Portfolio Holder;

 

(c)   Councillor Helen Chaffey – Housing Portfolio Holder;

 

(d)   Councillor Phillip Dixon – Customer and Locality Services Portfolio Holder;

 

(e)   Councillor Andrew Jarvis – Finance and Assets Portfolio Holder;

 

(f)     Councillor Dyan Jones – Climate Action and Biodiversity Portfolio Holder; and

 

(g)   Councillor Suzie Pye – Health, Wellbeing and Poverty Alleviation Portfolio Holder; and

 

(2)   It be noted that the Leader has appointed Councillor Andrew Jarvis as Deputy Leader.

C/8c

Discharge of Executive Functions pdf icon PDF 18 MB

To receive a report from the Leader on the scheme of delegation for the discharge of 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 published on the Council’s Website, be received.

C/9

Shadow Executive

To receive any updates on the Shadow Executive from the Leader of the Opposition.

Minutes:

Councillor Tom Harvey, Leader of the Conservative Group expressed his thanks to Councillors Coleman, Archibald and Wilson for their exemplary service and welcomed Councillors Brook, McSweeney and Webster to their new roles. Councillor Harvey advised that the Portfolio titles of the appointed Shadow Executive, would be confirmed following the Annual Meeting of the Council.

 

Further to Minute C/8 (2019/20), the Chairman reiterated the invitation for the new Leader of the Labour Group to attend Cabinet meetings in a shadow capacity.

 

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

 

·        Councillor Pat Bell;

·        Councillor Roger Bingham;

·        Councillor Tom Harvey;

·        Councillor John Holmes;

·        Councillor Kevin Holmes;

·        Councillor Helen Irving; and

·       Councillor Jeanette Jenkinson.

C/10

Political Balance, Allocation of Committee Places, Appointment of Chairs and Vice-Chairs and Scheme of Delegation pdf icon PDF 244 KB

To note the political balance of the Council and to consider a report from the Monitoring Officer on the allocation of committee places, the Scheme of Delegation, and on the appointments of Committee Chairmen. (Nominations received from Group Leaders for Committee Memberships 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 – 33 Members

Conservative – 14 Members

Labour – 3 Members

 

In addition there was one Green Party Member on the Council.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) to the Council 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 Jonathan Brook, seconded by Councillor Andrew Jarvis, moved recommendations (1) to (7), (9) and (10) as set out within the report.

 

With regard to recommendation (8) and the appointment of chairmen and vice-chairmen to committees, Councillor Jonathan Brook, seconded by Councillor Andrew Jarvis, moved the Liberal Democrat Group nominations as circulated prior to the commencement of the meeting, namely:-

 

Committee

Chairman

Vice-Chairman

Audit

Stephen Coleman

Tracy Coward

Human Resources

Rachael Hogg

Janet Willis

Licensing/Licensing Regulatory

Helen Ladhams

Alvin Finch

Overview and Scrutiny

Vicky Hughes

Doug Rathbone

Planning

Pete McSweeney

Malcolm Lamb

Standards

Chris Hogg

Matt Severn

 

Councillor Tom Harvey, seconded by Jeanette Jenkinson, moved the Conservative Group nominations as circulated prior to the meeting, namely:-

 

Committee

Chairman

Vice-Chairman

Audit

Kevin Lancaster

Kevin Lancaster

Human Resources

Pat Bell

Pat Bell

Licensing/Licensing Regulatory

Kevin Holmes

Kevin Holmes

Overview and Scrutiny

Janette Jenkinson

Janette Jenkinson

Planning

John Holmes

John Holmes

Standards

Tom Harvey

Tom Harvey

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) clarified that the Conservative Group nominations for each committee showed the same Member for both Chairman and Vice-Chairman and explained that, should the Liberal Democrat nomination for Chairman be carried, then the Conservative Group nomination would become the nominee for Vice-Chairman.

 

With regard to recommendation (10) and the appointment of a representative and a substitute, from the membership of the Overview and Scrutiny Committee, to Cumbria County Council’s Health and Scrutiny Committee, Councillor Jonathan Brook, seconded by Councillor Mark Wilson, moved the Liberal Democrat Group nominations as circulated prior to the commencement of the meeting, namely Councillor Vicky Hughes (representative) and Councillor Ali Jama (substitute).

 

Following a vote, it was subsequently

 

RESOLVED – That

 

(1)  the political balance of the Council as set out in the report at paragraph 3.2 and Appendix 1  ...  view the full minutes text for item C/10

C/11

Draft Calendar of Meetings 2021/22 pdf icon PDF 195 KB

To agree the Calendar of Meetings for May 2021 to July 2022.

Minutes:

The Council gave consideration to the draft Calendar of Meetings for the period May 2021 to July 2022.

 

RESOLVED – That, subject to the alterations highlighted at the meeting and outlined above being, made the Council’s Calendar of Meetings covering the period May 2021 to July 2022 be approved.

C/12

Annual Report 2020/21 pdf icon PDF 118 KB

To consider the Annual Report 2020/21.

Additional documents:

Minutes:

The Annual Report detailed the Council’s significant projects and achievements over the last 12 months. The Report reflected the Council Plan priorities and looked back at the Organisation’s successes and achievements from 2020/21, whilst showing a future plan of how the Council would work together to make South Lakeland the best place to live, work and explore. Once approved by Council it would be published on the Council’s website with links to the Council Plan.

 

In moving that the report be received, the Leader, Councillor Jonathan Brook, thanked the Chief Executive and Officers for their work over the past year, also recognising the work carried out by Cabinet Members, both present and past. In seconding the motion, Councillor Giles Archibald echoed the Leaders’ thanks to officers.

 

RESOLVED – that the Annual Report 2020/21 be approved.

C/13

Chair of the Audit Committee's Annual Report 2020/21 pdf icon PDF 212 KB

To receive the Chair of the Audit Committee’s Annual Report which summarises the activities of the Committee during 2020/21.

Additional documents:

Minutes:

The Annual Report from the Audit Committee, which summarised the activities of the Committee during 2020/21, was presented by Councillor Stephen Coleman the Chairman of the Committee.

 

Councillor Coleman informed Council that the Committee continued to provide robust challenge with regard to the Council’s activities and thanked the Finance Team for their hard work to keep the Audit Committee working effectively.

 

Councillor Coleman moved that the report be received and was seconded by Councillor Severn

 

It was unanimously

 

RESOLVED – That the 2020/21 Audit Committee Annual Report be received.

C/14

Annual Report of Standards Committee 2020/2021 pdf icon PDF 125 KB

To receive the Standards Committee Annual Report for 2020/21.

Additional documents:

Minutes:

Council considered the Annual Report of the Standards Committee for the municipal year 2020/21, which was presented by Councillor Matt Severn, the Chairman of the Committee. He thanked the Independent Person, Members of the Committee and officers for their work throughout a challenging period. Councillor Severn thanked Parish Councillors of the district for their service and added that he felt that South Lakeland District Council offered a high level of standards and again thanked officers for delivering an impressive service.

 

It was unanimously

 

RESOLVED – That the 2020/21 Standards Annual Report be received.

C/15

Review of Local Code of Governance pdf icon PDF 130 KB

To consider the results of the review of the Council’s Local Code of Governance by Audit Committee to ensure the Council has effective systems of internal control to demonstrate good governance.

Additional documents:

Minutes:

Council considered the Review of Local Code of Governance, which was presented by Councillor Stephen Coleman, the Chairman of the Audit Committee. He reminded Members of the importance of carrying out this review and highlighted minor changes set out in the report.

 

Councillor Coleman moved that the report be received and was seconded by Councillor Matt Severn.

 

It was unanimously

 

RESOLVED – that the review of the Local Code of Governance is received and the proposed changes set out in the Appendix 1 to the report are approved.

C/16

Scrutiny Annual Report 2019-21 pdf icon PDF 125 KB

To receive the Overview and Scrutiny Committee’s Annual Report which summarises the work and achievements of the Committee during 2019/20 and 2020/21.

Additional documents:

Minutes:

The Chairman of the Overview and Scrutiny Committee, Councillor Vicky Hughes, presented the Scrutiny Annual Report 2019-2021. 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 2021/22.

 

Councillor Hughes moved that the report be received and was seconded by Councillor Chaffey.

 

It was unanimously

 

RESOLVED – That the Scrutiny Annual Report 2019-21 be received.

C/17

Annual Review of the Call-In and Urgency Provisions 2019-21 pdf icon PDF 368 KB

To consider findings of the 2019/20 and 2020/21 annual review of the operation of the Constitution’s call-in and urgency provisions.

Additional documents:

Minutes:

In accordance with paragraph 16 (j)(ii) of the Council’s Overview and Scrutiny Procedure Rules, a report on the operation of the provisions relating to call-in and urgency during the municipal year 2020/21 was presented to Council by Councillor Vicky Hughes, chairman of the Overview and Scrutiny Committee.

 

Councillor Hughes reported that the urgency procedure had been used 19 times in the previous twelve months, with all reports being taken to Cabinet and Council and were distributed to all Members.

 

Councillor Hughes moved the recommendation contained within the report and was seconded by Councillor David Webster.

 

It was unanimously

 

RESOLVED – That the contents of the 2020/21 Annual Review of the Constitution’s Call-in and Urgency Provisions be noted.

C/18

Annual Reports from Representatives on Outside Bodies 2020/21 pdf icon PDF 533 KB

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

Minutes:

Further to Minute EX/015 (2006/07), annual reports for 2020/21 from Council representatives on outside bodies which had been submitted for inclusion on the agenda were presented.

 

Members thanked those who had submitted annual reports adding that the reports received provided a comprehensive picture of the outside bodies.

 

Councillor Jeanette Jenkinson informed Members that she was proud that the Council encourages towns to join the Business Improvement District Scheme (BID) and requested that the Economy, Culture and Leisure Portfolio Holder write to the outgoing Chairman and Treasurer to thank them for their outstanding service.

 

Councillor Thom Harvey added that it was good to see a comprehensive set of reports providing details on outside bodies.

 

RESOLVED – That the annual reports for 2020/21 from Council representatives on outside bodies be received.

C/19

Representation on Outside Bodies 2021/22

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 (previously Cllr Pete McSweeney)

 

·        Local Government Association General Assembly (Leader of the Council plus one Member (previously Cllr Jonathan Brook))

 

·        North West Local Authorities Employers’ Organisation (one Member (previously Cllr Rachel Hogg) and one Substitute (previously Cllr  Phillip Dixon))

 

·        Local Enterprise Partnership (LEP) Management Board (one Member (previously Cllr Robin Ashcroft)

 

Please note, the following terms of appointment have not yet expired:-

 

·        Lake District National Park Authority (Cllr Vicky Hughes and Cllr Ian Wharton); and

 

·        Yorkshire Dales National Park Authority (Cllr Ian Mitchell).

Minutes:

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

 

It was proposed and seconded that Councillor Pete McSweeney be re-appointed to the Cumbria Police and Crime Panel.

 

It was proposed and seconded that together with the Leader of the Council, Councillor Andrew Jarvis be appointed as the Council’s representative on the Local Government Association General Assembly.

 

It was proposed and seconded, that Councillor Rachael Hogg be re-appointed as the Council’s representative to North West Local Authorities Employers’ Organisation, with Councillor Phillip Dixon to be re-appointed as the Council’s substitute on the Organisation.

 

It was proposed and seconded that Councillor Robin Ashcroft be re-appointed as the Council’s representative on the Local Enterprise Partnership (LEP) Management Board.

 

The current terms of appointment for the Members of the Council on both the Lake District (two places) and Yorkshire Dales (one place) Parks Authorities had not yet expired.

 

Voting having been taken, it was subsequently

 

RESOLVED – That appointments to/appointment of representatives to serve on outside bodies for 2021/22 (or for terms otherwise stated) be made as follows:-

 

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

 

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

 

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

 

(4)  Local Enterprise Partnership (LEP) Management Board – Councillor Robin Ashcroft.

C/20

Section 85 of the Local Government Act 1972 - Dispensations pdf icon PDF 216 KB

To consider a report from the Monitoring Officer.

Minutes:

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) informed Members that due to the impact of social distancing regulations and the expiry of legislation that allowed virtual meetings, a reduced attendance had been agreed for the Annual Meeting of the Council. She added that as a number of Members had been impacted by this, the Council had approved a blanket dispensation for members for non-attendance at the Council meeting on 19 May 2021 due to safety reasons and following Covid guidance.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) highlighted that the proposed dispensation meant that Members who had been impacted by the agreed non-attendance at the Annual Meeting, the six month period for non-attendance under Section 85 of the Local Government Act 1972 commenced the day after this Council meeting, i.e. on 20 May 2021.

 

Councillor Philip Dixon moved that the report be received and was seconded by Councillor Tom Harvey.

 

It was unanimously

 

RESOLVED – That a blanket dispensation for members for whom it had been agreed will not be in attendance, the six month period to begin on the day after the meeting i.e. 20 May 2021 be approved.

C/21

Minutes of Meetings pdf icon PDF 8 MB

To receive Chairmen’s comments (if any notified) in respect of the minutes of the Committee meetings held between 16 December 2020 and 22 April 2021.

Minutes:

RESOLVED – That it be noted that no comments or question had been received in respect of the minutes of committee meetings held between 16 December 2020 and 22 April 2021.

C/22

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:

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

C/23

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, 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.