Agenda and draft minutes

Council - Tuesday, 1 November 2022 6.30 p.m.

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

Contact: Adam Moffatt 

No. Item


Act of Remembrance


Members observed a two minute silence to remember those who had lost their lives in conflict following which Councillor Brian Cooper, a Member of the Royal British Legion, recited the Exhortation.



Minutes pdf icon PDF 992 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 13 July 2022.


Reference was made to the excellent responses made by Cabinet Members to questions raised at the meeting.  The answers that were given at the meeting and included in the minutes rather than being provided in writing following the meeting were commended, and the Vice-Chairman was thanked for insisting that the responses be included in full within the minutes.


RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Council held on 13 July 2022.


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.


Tim Corry raised concerns in relation to the Local Planning Authority’s process, pointing out that communications should be in the form of a two way process but drawing attention to the fact that there appeared currently to be a lack of willingness or no response at all to attempts to communicate.  He raised the fact that planning authorities were supposed to offer help and advice, providing proactive and timely advice.


The Chairman thanked Mr Corry for his contribution and, pointing out that quite a number of comments had been raised, he asked Mr Corry to let officers have a copy his submission in writing in order to enable them to fully respond on his behalf within seven days.  The Chairman further asked for the response to be shared with all Members.


David Poole raised similar concerns to those raised by Mr Corry, pointing out that he had worked closely with planning authorities for 28 years without any problem, but that this liaison had now come to an impasse.  He drew attention to the difficulties which he had experienced in communicating with planning officers.  Furthermore, he drew attention to the fact that planning officers appeared not to be reading the information provided in applications, leading to applications being refused, with incorrect details appearing within planning officers’ reports.


The Chairman thanked Mr Poole for his contribution and again asked him to provide a copy of his submission in writing to officers to enable them to fully respond within seven days on his behalf, the response to be shared with all Members.  The Chairman further undertook to ensure that an investigation into the allegations and complaints raised was carried out.


John Studholme referred to the fact that he had been putting this proposal to the Council for over 30 years now, as well as having submitted it to at least two Local Plan Reviews.  He had updated some of the figures, but the principles remained the same.  In doing this, he explained that he was making use of his training and experience both in the UK and in Canada in residential development in the private and public sectors.  His proposal was for South Lakeland District Council to take the lead in developing a new town near to Junction 36.  The location was very green in that it had existing excellent road, canal and bridleway connections in all directions.  It also had potential to be linked to the West Coast main line and for a commuter station to provide a means of getting to Kendal, Lancaster, Barrow and beyond.  The reason for using New Town legislation was that it enabled the authority to use compulsory purchase legislation which, in turn, meant that the land would be acquired at existing use value.  Instead of acquiring land at £710,000 per acre which was the residential development value, the price would be the agricultural value of £12,000 per acre or 59 times less.  Land density was around ten per acre.  Mr. Studholme said that when he had  ...  view the full minutes text for item C/41


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.


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.


There were no excluded items on the Agenda.


Chairman's Announcements pdf icon PDF 104 KB

To receive announcements by the Chairman (list of recent engagements attached).


The Chairman drew attention to the list of formal engagements recently attended by either himself or the Vice-Chairman between 14 July and 1 November 2022.  He thanked the Vice-Chairman for standing in for him on a number of occasions where he had been double booked.


Local Government Reorganisation - Verbal Update

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


Councillor Jonathan Brook, Leader and Promoting South Lakeland and Innovation Portfolio Holder, first wished to place on record his thanks to officers of both this and the other sovereign councils for the hard work being carried out during the Local Government Reorganisation process.  A number of individuals were having to work in two roles and, without them going over and above their duties, Local Government Reorganisation would not be deliverable.  In addition, Councillor Brook acknowledged that this was clearly an unsettling time for staff who were unsure about the future.  He informed Council that a staff consultation had recently been undertaken and that the results would be known over the next few weeks.  Councillor Brook referred to the huge variety of work that was being carried out by officers in addition to their day to day work, for example the adaptation of the Constitution into a suitable format for the new Authority, the new structure and the working model to be used.


Councillor Brook referred to a recent away day attended by Cabinet Members of the new Authority together with senior staff.  This had also been done by Cumberland, in an attempt to encourage both Members and staff to look forward.  This had covered two parts, firstly with regard to planning a seamless transition and secondly with regard to the transformation process by which the new Council would seek to develop and deliver the best services that local people could expect.


Councillor Brook informed Council that regular updates were provided to Westmorland & Furness Members and that these were also circulated by the Communications Team to South Lakeland District Council Members, and he recommended that Members should read them.


In response to a query from Councillor David Webster regarding the need to mark the end of South Lakeland District Council, Councillor Brook referred to the Council’s long history and the fact that many Councillors had been Members for towards 20 years and, some, for example Councillor Roger Bingham, for considerably longer.  He informed Members that consideration was already being given to how best to mark the passing of the Council, with an opportunity to be provided for both Members and staff to get together and reminisce on some of the excellent work which had been undertaken by this Council.  Councillor Brook referred to the Chairman’s dinner in March 2023 and to the potential to adapt that occasion to celebrate the demise of South Lakeland District Council and look forward to the future of Westmorland & Furness Council.  He suggested that, should Members have any suggestions, officers would be pleased to hear them.  The Chairman drew attention to the fact that the dinner would take place on 20 March and that plans would be put in place to ensure that invitations were sent to the right people.


It was raised by Councillor Janette Jenkinson that the new Unitary Authority should be the best in the country and that all Members would need to play their part.  Reference was drawn to a quote by  ...  view the full minutes text for item C/45


Appointment of Monitoring Officer pdf icon PDF 252 KB

To consider appointing a Monitoring Officer and two Deputy Monitoring Officers for South Lakeland District Council.


Councillor Jonathan Brook, Leader and Promoting South Lakeland and Innovation Portfolio Holder, reported that the former Monitoring Officer having left the Council’s employment in September 2022, the function had in the interim been undertaken by the current Deputy Monitoring Officer. This was the first Council meeting when this appointment could be made. Following interim changes to the Legal, Governance and Democracy Team structure, the Council was now being asked to make formal appointments to the roles of Monitoring Officer and Deputy Monitoring Officers until 31 March 2023 in order to provide the necessary cover pending the dissolution of South Lakeland District Council.  No changes were proposed to the Council’s Pay Policy Statement around arrangements for the roles.


Councillor Brook having moved the recommendations contained within the report was seconded by Councillor Janette Jenkinson and it was unanimously




(1)        Julia Krier be appointed as Monitoring Officer for South Lakeland District Council, with effect from 1 September 2022 until 31 March 2023, to ensure legislative requirements are met; and


(2)        Danielle Walls and Josie Smith be appointed as Deputy Monitoring Officers, for the same term.


Grange-over-Sands Lido and Promenade pdf icon PDF 416 KB

To consider a budget request from Cabinet for the additional capital expenditure towards the Grange-over-Sands Lido and Promenade scheme.


Additional documents:


Councillor Jonathan Brook, Leader and Promoting South Lakeland and Innovation Portfolio Holder, presented a report on the Grange-over-Sands Lido and Promenade. He outlined the Council’s plans to open the Lido site to the general public for the first time in 30 years and noted the importance of the site as a heritage asset.


The report provided a summary of the history of the site and highlighted the recent decisions to open the site up to the public and improve the promenade, which had been considered by Cabinet in March 2021 as well as by the Planning Committee (SL/2019/0803, SL/2019/0804 and SL/2020/0103). Members’ attention was drawn to the rationale for intervention and delivery of the full scheme, which was driven by the rapidly deteriorating structural elements at the Lido. It was noted that there was a risk of structural failure and potential heritage enforcement action if the Lido site was not repaired.


The report set out details in relation to the delivery of the full scheme, including both the Lido and the Promenade and the projected costs at an estimated £6.8 million.  Councillor Brook highlighted the project shortfall of £1,793,800 and informed Members that the proposal was to fund the shortfall through CIL contribution and the NNDR Pool reserve.  He added that, due to the unstable economic conditions, there was a risk of increased costs if the project was delayed.  The report further indicated the potential in the future for the Council to access new funding streams to fund the project, such as the UK Shared Prosperity Fund and the Rural Prosperity Fund.


Councillor Brook informed Council that Cabinet had, earlier in the day, given approval for the scheme, and that Council was now being asked to approve the additional funding of £1,793,800 to be included in the Capital Programme 2022/23 for undertaking the full scheme to repair and refurbish the Lido and Promenade in Grange-over-Sands.  He moved the recommendation contained within the report and was seconded by Councillor Robin Ashcroft, Economy, Culture and Leisure Portfolio Holder.


Cllr Giles Archibald referred to the long history of the site and expressed support for the project.  He thanked Councillor Brook, Councillor Andrew Jarvis, Deputy Leader and Finance and Assets Portfolio Holder and the Finance Lead Specialist for ensuring the prudent management of the Council’s finances which enabled this project to go ahead.  He pointed out that there was still potential for the site to become a lido again, with Save Grange Lido still strongly engaged in the matter.


Councillor John Holmes, although fully supportive of the project, expressed disappointment in the time taken.  He further expressed strong concerns regarding the project having to go out to tender again and the potential problems that this could bring.  Councillor Holmes sought assurance that the project would work and further queried the increase in projected costs at


Councillor Brook agreed that this had taken a lot longer than originally envisaged but stressed the fact this was a highly complex programme in relation to a heritage  ...  view the full minutes text for item C/47


Corporate Financial Update Quarter 1, 2022/23 pdf icon PDF 384 KB

To consider the corporate financial update for Quarter 1, 2022/23

Additional documents:


The Deputy Leader and Finance and Assets Portfolio Holder, Councillor Andrew Jarvis, presented the first quarter financial monitoring report of 2022/23.  The report provided the projected year end position based on performance to the end of Quarter 1 and officers’ planned actions to ensure a balanced budget by the end of the financial year.


The report and appendices included details relating to the revenue budget, capital expenditure, collection of Council Tax and business rates and the Council’s current position with regard to debt collection.


The report had also been considered by the Overview and Scrutiny Committee at its meeting on 26 August 2022 and by Cabinet on 31 August 2022, when Council had been recommended to approve the revenue virements listed therein.  Councillor Jarvis explained that the report had been delayed in coming to Council due to the rescheduling of the meeting and that the Quarter 2 Financial Update Report had not been prepared prior to the publication of the agenda for this meeting.  He therefore proposed to brief Council using the Quarter 1 report but would also update Council on subsequent developments.


Councillor Jarvis referred Members to the Revenue Budget and drew attention to the fact that the country was currently facing the first significant inflation in a generation.  The Council was not immune to this and this was reflected in the outlook for the rest of the year, with salary increases now looking certain to be way above the 2% assumed in the budget in February.  The current offer from employers, which had been rejected by unions, was an increase of £1,925 on all pay points.  A settlement at this level would cost the Council an additional £678k compared to what had been included in the budget.  In addition, there was significant inflation in some bought-in costs, and a further £132,000 had been included for fuel costs versus the budget.  However, the adverse impact of inflation was largely offset by a number of corporate, financial items.  In particular, with higher interest rates a very significant surplus of around £350,000 was expected on the Council’s investment income versus budget.  The Council had had managed to undertake recent capital investment without resorting to the expected borrowing.  This had saved about £207,000 in interest payments.  Additionally, the slightly lower capital spending than expected reduced Minimum Revenue Provision charges by £89,000.  There was a wide range of other variances both up and down emerging in other budgets, and details of these were presented in Section 3.1 of the report and in Appendix 1.  In total, these other factors added up to a forecast overspend of around £65,000.  Employee costs, before the impact of the assumed salary settlement, remained in line with the budget.  Councillor Jarvis said that, at this time, there were also a number of virements for which Council approval was sought.  These were listed in Section 3.1.2 of the report and included, example, budgets relating to the Rough Sleeping Initiative, grants relating to homelessness, receipt of funding for asylum seekers  ...  view the full minutes text for item C/48


Changes to Committee Membership


Standards Committee pdf icon PDF 256 KB

To accept the resignation from Standards Committee of a member of that Committee and to receive nominations to appoint a replacement member to serve on Standards Committee.


The now Monitoring Officer informed Council that at C/10 (2022/23), two ungrouped Members had been appointed to committees, namely Councillor Hanlon, Independent Member, to the Standards Committee and Councillor Judy Filmore, Green Party Member, to the Planning Committee.  Councillor Hanlon had recently requested to be removed from the Standards Committee and, in accordance with legislation, Councillor Filmore had been asked, although was unable to accept, the vacant seat on the Standards Committee.  The appointment, therefore, fell to Council to determine, with the available options being to agree to leave the seat on the Standards Committee vacant or to receive nominations and, upon a vote, appoint another Member to the position.  The report indicated that there was one further meeting of that Standards Committee scheduled to be held prior to 31 March 2023.


Councillor Tom Harvey moved recommendation (1) in the report, to accept the resignation of Councillor Hanlon and approve her removal from the Standards Committee and was seconded by Councillor Jonathan Brook, Leader and Promoting South Lakeland and Innovation Portfolio Holder.  Councillor Tom Harvey, seconded by Councillor Janette Jenkinson, proposed Councillor Kevin Lancaster as replacement Member to serve on the Standards Committee.  Councillor Jonathan Brook  proposed Councillor Janet Willis and was seconded by Councillor Robin Ashcroft, Economy, Culture and Leisure Portfolio Holder.


Votes having being taken on both motions, it was




(1)        the resignation of Councillor Fiona Hanlon be accepted and removal of Councillor Hanlon from the Standards Committee be approved, with immediate effect; and


(2)        Councillor Janet Willis be appointed as replacement Member to serve on the Standards Committee, also with immediate effect.


Lake Administration Committee

To receive the following proposed change to the Lake Administration Committee Membership:-


(1)        Cllr Ian Wharton to replace Cllr Jonathan Brook.


Council was being asked to receive a proposed change to the Lake Administration Committee, with Councillor Ian Wharton to replace Councillor Jonathan Brook. 


It was proposed by Councillor Jonathan Brook, seconded by Councillor Vicky Hughes and it was unanimously


RESOLVED – That Councillor Ian Wharton replace Councillor Jonathan Brook on the Lake Administration Committee, with immediate effect.


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 Monitoring Officer 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.


Councillor Jonathan Brook, Leader and Promoting South Lakeland and Innovation Portfolio Holder, indicated that he had no announcement to make under this item.


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


From Councillor Vicky Hughes to Councillor Suzie Pye, Health, Wellbeing and Poverty Alleviation Portfolio Holder – “Cllr Pye would you be able to give us an update on how this council is working with residents during the current economic crisis that we are facing, and also would you be able to signpost members on where to direct residents who are in need of assistance.”


Councillor Pye said that Members would be aware that the Fairer South Lakeland Community Fund had been launched over the summer, to offer modest pots of funding to small organisations and community groups who were looking to take action to alleviate poverty during the Cost of Living crisis, in South Lakeland.  This was financed by the Poverty Alleviation fund which was made up of Councillor Allowances that had gone unclaimed for the purpose of being used in this way.  Councillor Pye thanked those Councillors for their generosity, on behalf of all those individuals for whom this had, and would make a difference.  She was pleased to report that the initial budget of £25,000 had happily been exceeded and that £35,000 had been distributed to local projects including:-


·         Kirkby Lonsdale Community Cupboard;

·         Coniston Parish Council for a Community Fridge;

·         Simply Repair South Lakes;

·         Burneside Parish Council and Residents Association for their Food project;

·         Brathay Trust for a Youth Matters project;

·         Manna House for employment and benefits advice sessions;

·         Springfield Domestic Abuse Support, for a Tackling Poverty project;

·         Grange Community Foodshare; and

·         Milnthorpe Family Centre.


Other projects recently supported by the Poverty Alleviation fund, included:-


·         Warm Spots in Staveley;

·         Arnside Homes for Ukraine;

·         New Beginnings;

·         Carer Support South Lakes;

·         Common Space Common Humanity; and

·         the Sedbergh Together Network.


Work among these organisations included driving lessons, and language lessons for settled refugees.  The Council had also been able to continue to facilitate Womens’ Community Matters in the Town Hall, so that their important work could continue in South Lakeland.  Some of the organisations mentioned work with preventative measures, and others worked alongside those residents experiencing real financial hardship right now.  Councillor Pye referred to the geographical spread of initiatives being far and wide.


Councillor Pye referred to conversations in recent weeks about Warm Spots.  She stressed that it was scandalous that in 2022 Warm Spots (or warm hubs) were in danger of becoming the norm, in the same way that in many of the District’s communities, Food Banks were no longer the exception, but the rule.  However, whilst there was a need in South Lakeland for such provision, volunteers and organisations within the District’s communities could be relied on to meet that need.  Councillor Pye said that she had emailed all elected Members with a link to register any warm spots that they  ...  view the full minutes text for item C/50


Minutes of Meetings

To receive Chairmen’s comments (if any notified) in respect of the minutes of the Committee meetings held between 28 January and 20 October 2022.


No comments or questions had been received in respect of the minutes of committee meetings held between 28 January and 20 October 2022.



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.


No questions had 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, if any, taken since the last scheduled meeting of Council on 13 July 2022.


RESOLVED – That, in accordance with Paragraph 17.3 of the Access to Information Procedure Rules, the details relating to an urgent Executive Decision taken since the last scheduled meeting of the Council held on 13 July 2022, namely DEX/7 (2022), be received.