Agenda and minutes

Extraordinary, Council - Tuesday, 30 March 2021 6.30 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Inge Booth 

Link: View the Live Stream of the Meeting Here

No. Item


Chairman's Introductions


Following confirmation that the live stream of the meeting had commenced, the Chairman welcomed everyone to the virtual meeting. He referred to the new Government legislation allowing councils to conduct remote meetings and explained in detail to all taking part, and for the benefit of members of the public observing, the procedures for the meeting. The Chairman then asked the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) to carry out a roll call, during which all Members present indicated by which means they were taking part and confirmed that they were able to see (where practicable) and hear all Members participating in the meeting. The Chairman referred to officers present who would introduce themselves when asked to address the meeting.


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.


No questions, representations, deputations or petitions had been received in respect of this meeting.


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.


The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) noted that Members who were dual-hatted with the County Council and those on the Cumbria Local Enterprise Partnership ( LEP) Sub Groups would have their interest recorded as other registrable interest’s they were advised that they could participate unless they had taken decisions before on the proposal in which case they needed to consider whether there would be a perception of bias or predetermination, or actual bias and predetermination. If members in these circumstances or otherwise were of the view they had an open mind they could remain in the meeting. The following interests were raised for transparency:-

·         Councillor Robin Ashcroft (LEP) Sub Group Places Strategy Group;

·         Councillor Ben Berry Cumbria County Council;

·         Councillor Roger Bingham Cumbria County Council;

·         Councillor Jonathan Brook (LEP) Sub Group Bird table Board;

·         Councillor Chris Hogg Cumbria County Council;

·         Councillor Pete McSweeney Cumbria County Council;

·         Councillor Thornton Cumbria County Council;

·         Councillor Janet Willis Cumbria County Council; and

·         Councillor Mark Wilson Cumbria County Council.


Local Government Act 1972 - Excluded Items

To consider whether the item in Part II of the Agenda should be considered in the presence of the press and public.


No Member having raised concern when asked by the Chairman, it was


RESOLVED – That the items in Part II of the Agenda be dealt with following the exclusion of the press and public.


Press and Public


RESOLVED - That, under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraphs indicated.


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


-        Paragraph 5 - Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings


Note - For the benefit of the public viewing the virtual meeting, the Chairman of the Council explained that the open session of the meeting would now close and the live stream cease.


The meeting producer confirmed that the live stream had ended.


Members disconnected from the Part I session and moved into the Part II private session.


Cross-a-Moor Roundabout

To consider the development of Cross-a-Moor Roundabout (report to follow).


Note – The proposal met the definition of a key decision in the Council’s Constitution as the financial implications for the Council of entering into the agreement were potentially in excess of £100,000. Due to the negotiations between parties, it had not been possible for the proposal to be included in a Forward Plan at least 28 clear days before the decision wasto be made. In accordance with paragraph 15 of the Access to Information Procedure Rules in Part 4 of the Constitution, the Chairman of the Overview and Scrutiny Committee’s had been informed that the taking of the decision was urgent and could not reasonably be deferred because of the need to secure the funding and the risk of re-allocation.


In addition, the Constitution stated that the call-in procedure should not apply where a decision being taken by the Cabinet was urgent and any delay likely to be caused by the call-in process would, for example, seriously prejudice the Council’s or the public’s interests. In accordance with paragraph 16(j) of the Overview and Scrutiny Procedure Rules within Part 4 of the Constitution, the Chairman of the Council had been consulted and had agreed that the decision proposed was reasonable in all the circumstances and for it to be treated as a matter of urgency and that the call-in process should be waived.


The meeting has been called at short notice and in accordance with paragraph 4.3 of the Access to Information Rules of the Council’s Constitution.  The meeting was being held in private for the following reasons: 


The Finance and Resources Portfolio Holder presented a report that sought approval to enable the Growth Deal funding from Cumbria Local Enterprise Partnership for the A590 Cross-a-Moor Junction Improvement scheme to be secured and the relevant legal agreement completed so that the scheme was able to proceed. The report highlighted a number of legal and financial implications. The report also highlighted ongoing negotiations with Highways England and Cumbria County Council and other legal agreements required for the scheme to progress.


The Finance and Resources Portfolio Holder thanked officers for their hard work which had ensured the progress of the report.


Members expressed their support for the project and echoed the Portfolio Holders thanks to officers for their hard work.


No Member having raised any concern when asked by the Chairman, it was




1)    a new earmarked contingency reserve for Cross-a-Moor roundabout of £925,000 as described in paragraph 7.1 of the Part II report and the approach to already approved funding as outlined in paragraph 3.13 of the Part II report be approved.