Agenda and draft minutes

Annual, Council - Wednesday, 18 May 2022 5.30 p.m.

Venue: Assembly Room, Kendal Town Hall, Kendal

Contact: Adam Moffatt  Legal, Governance and Democracy Specialist

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:

It was proposed by Councillor Tom Harvey and seconded by Councillor Stephen Coleman that Councillor Pete McSweeney be elected Chairman of the Council for the ensuing year.

 

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 pdf icon PDF 100 KB

To receive announcements by the Chairman or retiring Chairman.

Minutes:

The Chairman congratulated those Members who had been elected to the new Westmorland and Furness Shadow Authority and reflected on a challenging period ahead for both Members and Officers.

 

The Chairman thanked Inge Booth for her service to the Council over the last 35 years and wished her well for the future.

C/3

Vice-Chairman

To appoint a Vice-Chairman for ensuing year.

Minutes:

It was proposed by Councillor Chris Hogg and seconded by Councillor Andrew Jarvis that Councillor Matt Severn be elected Vice-Chairman of the Council for the ensuing year.

 

Following a vote, it was

 

RESOLVED – That Councillor Matt Severn be elected Vice-Chairman of the Council for the ensuing year.

C/4

Minutes pdf icon PDF 372 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 22 February 2022.

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 22 February 2022.

C/5

Declarations of Interest and Dispensations

To receive declarations by Members of interests in respect of items on this Agenda and to consider any dispensations.

 

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:

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:

There were no excluded items on the Agenda.

C/7

Leader's Announcements

To receive any announcements by the Leader of the Council and any update on Deputy Leader and Cabinet appointments and delegations for the discharge of the Executive functions of the Council.

Minutes:

The Leader of the Council informed Members of a change to Cabinet Members, with Councillor Eamonn Hennessey replacing Councillor Philip Dixon as the Portfolio Holder for Customer and Locality Services. He noted that there had been no change to the Portfolio Holder responsibilities and that the other Cabinet Members would remain the same.

 

The Leader of the Council highlighted that the upcoming municipal year would be the last for South Lakeland District Council and emphasised the need to continue the good work of the Council in delivering services. He noted that the full work programme and ongoing casework meant that it was important to continue working hard for residents.

C/8

Shadow Executive

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

Minutes:

The Leader of the Conservative Group, Councillor Tom Harvey provided an update to Members on the Shadow Executive Members, noting that Councillor Helen Irving would be stepping down from her position as Shadow Health, Wellbeing and Poverty Alleviation Portfolio Holder and that her replacement would be announced following the meeting.

C/9

Local Government Reorganisation

To receive a verbal update on any matters relating to Local Government Reorganisation.

Minutes:

The Leader of the Council thanked officers for their hard work in delivering a smooth and well run election and Westmorland and Furness Joint Committee meetings, which provided a series of recommendations to the Westmorland and Furness Shadow Authority and enabled the Shadow Authority to make a good start at its first meeting, held on 17 May 2022.

 

 

C/10

Political Balance, Allocation of Committee Places, Appointment of Chairmen and Vice-Chairmen and Scheme of Delegation pdf icon PDF 383 KB

To consider a report from the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) on political balance, the allocation of committee places, the appointments of Committee Chairs and Vice-Chairs and the Scheme of Delegation (Appendix 2 to follow).  (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 purposes of allocating committee places. The groups and their number of Members were as follows:-

 

Liberal Democrats – 32 Members

Conservative – 14 Members

Labour – 3 Members

 

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

 

Members noted that paper copies of the updated Appendix 2 to the report had not been circulated prior to the meeting. The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) informed Members that the updated Appendix 2 would be circulated and published alongside the agenda following the meeting.

 

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, which were circulated to all Members before the meeting. Nominations received for Chairmen and Vice-Chairmen to each Committee were read out 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 Matt Severn, moved recommendations (1) to (7) and (9) to (12) as set out within the report.

 

With regard to recommendation (8) and the appointment of chairmen and vice-chairmen to committees, nominations had been received from the Liberal Democrat Group, no further nominations had been received. Councillor David Webster, seconded by Councillor Matt Severn moved the nominations, as read out at the meeting, namely:-

 

Committee

Chairman

Vice-Chairman

Audit

Stephen Coleman

Tracy Coward

Human Resources

Rachael Hogg

Ali Jama

Licensing/ Licensing Regulatory

Helen Ladhams

Ian Wharton

Overview and Scrutiny

Vicky Hughes

Doug Rathbone

Planning

Pete McSweeney

Malcolm Lamb

Standards

Chris Hogg

Matt Severn

 

With regard to recommendation (11), the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) reminded Members of the need for four volunteers to form the Licensing Sub-Committee and a substitute. The following Members of the Licensing and Licensing Regulatory Committee volunteers to form the Sub-Committee:-

·        Cllr Hazel Hodgson;

·        Cllr Kevin Holmes;

·        Cllr Helen Irving;

·        Cllr Andrew Jarvis; and

·        Cllr David Webster.

 

Following a vote, it was subsequently

 

RESOLVED – That

 

(1)        the political balance of the Council, 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 confirms, as  ...  view the full minutes text for item C/10

C/11

Draft Calendar of Meetings 2022/23 pdf icon PDF 338 KB

To agree the Calendar of Meetings for May 2022 to end March 2023.

Minutes:

Members gave consideration to the draft Calendar of Meetings for the period May 2022 to April 2023 and requested that any Full Council meetings scheduled during the school holidays be moved by officers.

 

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 2022 to April 2023 be approved.

C/12

Capital Programme Update pdf icon PDF 247 KB

To consider three requests for amendments to the Capital Programme.

Additional documents:

Minutes:

The Finance and Assets Portfolio Holder presented a report updating the Capital Programme and Capital Re-profiling requests relating to 2021/22, which would enable efficient delivery of capital schemes during 2022/23. The report set out three requests for amendments to the Capital Programme, for each scheme, a full report would be brought to future meetings of the Cabinet to consider the proposal in accordance with the current Forward Plan. It was noted that approval was being sought at the Annual Meeting of the Council, which was required to amend the Capital Programme as each request was for more than £100,000.

 

The Finance and Assets Portfolio Holder highlighted the first request, which was in relation to Glass Panels along Aynam Road, Kendal. The report sought approval for an increase in the Council’s contribution towards the installation of the panels which would ensure the delivery of the Kendal Flood Alleviation Scheme. It was proposed that the additional costs were funded from the Cumbria Business Rate Pool reserve.

 

The second request set out in the report was regarding Section 106 (S106) Design Works at Stramongate, Kendal. The Finance and Assets Portfolio Holder informed Members that approval was sought to amend the Capital Programme to include expenditure of S106 monies, which had been received from the Sainsbury’s development on Shap Road, Kendal. Receipt of the S106 monies would assist in the delivery of a public realm project that had been designed to increase visitor footfall to Stramongate and increase the accessibility of the area for pedestrians and cyclists.

 

The Finance and Assets Portfolio Holder informed Members of the final request to amend the Capital Programme, which was in relation to the Grange Lido and requested an increase in the Capital Budget of £265,000, which was to be funded from the Cumbria Business Rate Pool reserve.

 

The Finance and Assets Portfolio Holder referred to the Capital Programme Re-profiling and informed Members that variations on spending in the Capital Programme reflected changes in the progress of individual schemes. Appendix 1 to the report highlighted the Capital Schemes in the 2021/22, which showed those Capital Schemes where expenditure varied from the approved Capital Programme. The total for re-profiling was £2.4 million at 4 April 2022, any further amendments would be reported as part of the 2021/22 outturn to Cabinet in June 2022 and Council in July 2022.

 

Members raised a query regarding the current fleet of Road Sweepers, the Director of Customer and Commercial Services agreed to provide a written response. Members went on to thank the Finance and Assets Portfolio Holder for his work on the Section 106 Design Works for Stramongate, Kendal.

 

Note – At this stage in the proceedings, Councillor Janette Jenkinson raised a non-pecuniary interest for transparency due to the fact that she was a Director of Ulverston Community Enterprises (UCE) and a trustee of Ulverston Coronation Hall.

 

Members sought reassurance over the funds which had been available for the Coronation Hall in Ulverston. The Finance and Assets Portfolio Holder informed  ...  view the full minutes text for item C/12

C/13

The Licensing Act 2003 - Review of Statement of Licensing Policy pdf icon PDF 255 KB

To consider adoption of the Council’s Statement of Licensing Policy following a review having been completed in accordance with the statutory timetable contained within the Licensing Act 2003.

Additional documents:

Minutes:

The Chairman of Licensing Committee and Licensing Regulatory Committee introduced the Review of Statement of Licensing Policy report. The purpose of the report was to inform members of the review of the Council’s Statement of Licensing Policy which had been completed in line with the statutory timetable set out in the Licensing Act 2003.

 

The Statement of Licensing Policy (Appendix 1 to the report) had been through a consultation period which was detailed in the report and had been considered by the Licensing Committee and Overview and Scrutiny Committee. The Statement set out the basis on which decisions under the Licensing Act 2003 should be made and strived to achieve a local balance between the commercial interest of the licensing trade and the communities they serve and affect.

 

As no key changes had been made to existing licensing legislation, the changes recommended in the review had been updated to reference Local Government Reorganisation at paragraph 1.15 of the policy, an updated best practice guide at appendix 3 and an updated list of consultees at appendix 4. The report noted that the impending changes brought about by Local Government Reorganisation within Cumbria would mean it was likely to require further review and consolidation of respective authorities existing Statement of Licensing Policies in due course.

 

RESOLVED – That:-

 

(1)        the consultation undertaken with stakeholders during the period of 29November 2021 to 9 January 2022 be noted;

 

(2)        the recommendation from the Licensing Committee and Overview and Scrutiny Committee that the Policy proceed to Council for adoption be noted; and

 

(3)        the revised Statement of Licensing Policy as attached at appendix 1 to the report, be adopted.

C/14

Corporate Trusteeship Board pdf icon PDF 357 KB

To consider the establishment of a Corporate Trusteeship Board in order to provide the necessary governance in the Council’s management of property matters related to lands it holds on trust.

Minutes:

The Finance and Assets Portfolio Holder presented a report on the Corporate Trusteeship Board. He informed Members that the establishment of a Corporate Trusteeship Board would provide the necessary governance in the Council’s management of property matters related to land it holds on trust as well as assisting in preparation for Local Government  Reorganisation on a ‘safe and legal’ basis.

 

The report highlighted that the Council held a number of properties in trust with terms and deeds of trust varying from property to property. The common factor of these lands was sharing a history of a benefactor transferring the land to SLDC’s predecessor councils through a deed of trust. It was the role of the Council to act as trustee, working in the interest of the trust to protect the public benefits sought through the original establishment of the trust and in all cases, the Council acts as a corporate trustee, carrying the risks of the liabilities associated with the property and public use.

 

The proposal was to establish a Corporate Trusteeship Board to determine matters related to the management of the lands held in trust and acting in the Trust’s best interests. For expediency of establishing and conducting a Board, it was proposed that Cabinet be given authority to appoint seven Councillors to the Board. In practice, the appointed Board would be made up of the current membership of the Cabinet, enabling the Board to be held on the rising of Cabinet with the Board adopting rules of procedure similar to the Cabinet unless the trust deed specifies otherwise.

 

Members raised a question regarding the possibility of an independent person being involved on the Board to provide a different perspective on the decisions. The Legal Governance and Democracy Lead Specialist (Monitoring Officer) noted that the members of the Board could invite others to the meetings if appropriate to do so and further, informing members that Cabinet members would receive training on the role as Board Member as this would be separate from their role as a Cabinet Member.

 

A query regarding Ward Councillors and Town/ Parish Councils being part of the consultation on individual reports was raised. The Legal Governance and Democracy Lead Specialist (Monitoring Officer) agreed and added that this consultation would form part of the consultation process for each report going to the Corporate Trusteeship Board.

 

Members expressed understanding for the need to have a Corporate Trusteeship Board but questioned how communication would work between the Board and officers. The Legal Governance and Democracy Specialist (Solicitor) informed Members that there was a reporting line to the Council and that the purpose of the Board was that it should act independently of Council business.

 

RESOLVED – That:-

 

(1)        the establishment of a Corporate Trusteeship Board as described in paragraphs 3.6 and 3.7 of the report be agreed;

 

(2)        Cabinet appoint seven Councillors to the Board;

 

(3)        the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) be authorised to make the necessary amendments to the Council’s constitution; and

 

(4)  ...  view the full minutes text for item C/14

C/15

Annual Review of the Call-In and Urgency Provisions 2021-22 pdf icon PDF 363 KB

To consider the findings of the 2021-22 annual review 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 2021/22 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 four times in the previous twelve months, with all reports being taken to Cabinet and Council and distributed to all Members.

 

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

 

RESOLVED – That the contents of the 2021/22 Annual Review of the Constitution’s Call-in and Urgency Provisions be noted.

C/16

Overview and Scrutiny Annual Report 2021/22 pdf icon PDF 123 KB

To receive the Overview and Scrutiny Committee’s Annual Report which summarises the work and achievements of the Committee during 2021/22.

Additional documents:

Minutes:

The Chairman of the Overview and Scrutiny Committee, Councillor Vicky Hughes, presented the Scrutiny Annual Report 2021-2022. 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 2022/23.

 

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

 

RESOLVED – That the Scrutiny Annual Report 2021-22 be received

C/17

Chair of the Audit Committee's Annual Report 2021/22 pdf icon PDF 239 KB

To receive the Chair of the Audit Committee’s Annual Report which summarises the activities of the Committee during 2021/22.

Additional documents:

Minutes:

The Annual Report from the Audit Committee, which summarised the activities of the Committee during 2021/22, 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 Coward

 

It was unanimously

 

RESOLVED – That the 2021/22 Audit Committee Annual Report be received.

C/18

Annual Report of Standards Committee 2021-2022 pdf icon PDF 236 KB

To receive the Standards Committee’s Annual Report for 2021-2022.

Additional documents:

Minutes:

Council considered the Annual Report of the Standards Committee for the municipal year 2021/22, which was presented by Councillor Chris Hogg the Chairman of the Committee. He thanked the Independent Person, Members of the Committee and officers for their work throughout a challenging period. Councillor Hogg 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 2021/22 Standards Annual Report be received.

C/19

Annual Reports from Representatives on Outside Bodies 2021/22 pdf icon PDF 198 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 for 2021/22 from Council representatives on outside bodies which had been submitted for inclusion on the agenda were presented.

 

Councillor Vicky Hughes wished to record her condolences following the death of Mike McKinley (Chairman of Lake District National Park Authority).

 

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

 

A query was raised regarding information on the Cumbria Pensions Forum and a request was made for officer feedback from the outside body.

 

Members requested information on the GlaxoSmithKline (GSK) Task Force and its decision making. The Legal Governance and Democracy Lead Specialist (Monitoring Officer) informed Members that the GSK Task Force had been set up by local Ministers for Parliament. The Economy, Culture and Leisure Portfolio Holder added that although the GSK Task Force was not an outside body, he was more than happy to discuss the details of the Task Force’s work with Members.

 

RESOLVED – That the annual reports for 2021/22 from Council representatives on outside bodies be received.

C/20

Representation on Outside Bodies 2022/23

Further to EX/017 (2006/07), to make appointments to, or appoint representatives on the serve on, the following outside bodies to the end of March 2023:-

 

·        Cumbria Police and Crime Panel (previously Cllr Pete McSweeney)

 

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

 

·        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 that the following terms of appointment have not yet expired:-

 

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

 

·        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 Ali Jama being 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 2022/23 (or for terms otherwise state) 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 Ali Jama as substitute Member; and

 

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

C/21

Minutes of Meetings

To receive Chairmen’s comments (if any notified) in respect of the minutes of the Committee meetings held between 22 November 2021 and 28 January 2022.

Minutes:

RESOLVED – That it be noted that no comments or question had been received in respect of the minutes of committee meetings held between 22 November 2021 and 28 January 2022.

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.