Agenda and draft minutes

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 1 November 2022 (to follow).

Note – The minutes of the previous meeting were marked as “to follow” on the agenda and were circulated to members ahead of the meeting.

Councillor Kevin Lancaster noted that although he was happy with the minutes, he wished to record that under the public participation item, he expressed concern over the suggested compulsory purchases which were mentioned in Mr Studholme’s address to Council.

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Council held on 1 November 2022.

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 www.southlakeland.gov.uk 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 from members of the public in respect of this meeting.

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 in respect of items on this Agenda, nor consideration given to any dispensations.

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 the item in Part II of the Agenda be dealt with following the exclusion of the press and public.

To receive announcements by the Chairman.

The Chairman drew attention to the list of formal engagements recently attended by himself between 2 November and 20 December 2022.

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, informed members that the Local Government Reorganisation process continued to move forwards and highlighted that the Westmorland and Furness Council had adopted the new Council Plan at its full Council meeting on Monday, 19 December, which represented a significant moment in the process. He added that copies of the Council Plan document would be circulated to members when they became available.

The Leader noted the extensive work on service planning that was underway as well as to define the culture of the organisation and set the budget. He set out the aim to ensure that Westmorland and Furness became an exciting and dynamic council that employees and Members would be proud to be associated with.

To consider the projected year end position based on performance to the end of Quarter 2 2022/23 and officers planned actions to ensure a balanced budget by the end of the financial year including a procurement schedule update.

The Deputy Leader and Finance and Assets Portfolio Holder, Councillor Andrew Jarvis, presented the second quarter financial monitoring report of 2022/23.  The report provided the projected year end position based on performance to the end of Quarter 2 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 Cabinet at its meeting on 7 December when a number of recommendations had been made to Council for approval, as set out within the recommendations set out within the report.

Councillor Jarvis drew members’ attention to the economic crisis and significant inflation, which had impacted the Council. He highlighted a salary budget increase of £673,000 as a result of the pay award and noted that revenue and budget monitoring had identified a year-end overspend of £907,000 due to increased costs pressures and reduced income projections. He  added that officers had carried out an intense and detailed review of all 2022/23 budgets to identify budget pressures and potential budget savings alongside the usual financial report, which had resulted in a number of mitigations aimed at reducing the budget deficit a projected £116,000.

Members’ attention was drawn to the capital programme full details of which were set out in Appendix 2 to the report. The Finance and Assets Portfolio Holder informed Members that the capital budget approved in February had been increased in April by the Carry Forwards report to Cabinet and by further requests approved by Council in May and November 2022. The updated Capital Programme was attached at Appendix 3 to the report. Councillor Jarvis highlighted significant changes to the Procurement Schedule at Appendix 6 to the report. 

In concluding his speech, Councillor Jarvis noted that the Quarter Two update was a reminder that the Council was not immune to economic ill wind and thanked the finance team, CMT and all officers for their hard work to ensure that the Council was on sound economic footing. He moved the recommendations contained within the report and was seconded by Councillor Vicky Hughes.

In seconding the proposal, Councillor Hughes informed Members that the Overview and Scrutiny Committee had received a briefing session from the Finance Lead Specialist (Section 151 Officer).

Councillor Suzie Pye noted the inclusion of £50,000 to be used towards poverty alleviation. She informed Members of the successful Fairer South Lakeland Community Fund and highlighted how impactful small pots of money were when distributed to the correct organisations.

It was subsequently unanimously

RESOLVED – That

(1)        the contents of the report and all Appendices (1 to 6) be noted; and

(2)        the following be approved:-

(a)        the budget movements proposed in Appendix 1 to the report and summarised within the report;

(b)        the revised Capital Programme at Appendix 3 to the report;

(c)        the use of reserves and  ...  view the full minutes text for item C/60

To consider the enforcement of environmental crime. (Report and Appendices to follow)

Councillor Eamonn Hennessy, Customer and Locality Services Portfolio Holder, introduced the report which explained that, over the past two years, a number of instances had arisen where general and subsequent warning letters to residents and business had not been complied with.  In these few instances, it was appropriate to take strong and consistent actions to make sure that the Council was working for the benefit of the community overall to create the best place to live, work and visit.

Members’ attention was drawn to an amendment to the recommendations of the report as well as an additional recommendation as set out below:-

“It is recommended that Council:-

(1)   Approve the adoption of the Fixed Penalty Enforcement Policy detailed in Appendix 1 subject to amendment of policy title for clarity from “Operational Policy for Offences subject to fixed penalty notices” to “Fixed Penalty Enforcement Policy”;

(2)   Approve the proposed Fixed Penalty Notice charges set out in Appendix 2 as defined by DEFRA;

(3)   Agrees the proposed amendments to the Constitution outlined at paragraph 3.13 and authorises the Monitoring Officer to make the necessary amendments to the Council’s Constitution;

(4)   Delegate authority to the Director of Customer and Commercial Services to issue Fixed Penalty Notices and for the Director of Customer and Commercial Services to further delegate authority to Locality Officers by way of written delegation; and

(5)   Delegates authority to the Monitoring Officer in consultation with the Locality Team Leader and the Portfolio Holder for Customer and Locality Services to make minor and typographical amendments to Appendix 1 as required.”

The Council’s Locality Team had been launched in January 2020.  Locality Officers acted as a deterrent, but would also investigate and, where appropriate, prosecute cases in relation to a wide range of environmental crimes including fly tipping, litter, dog fouling, household and commercial duty of care, abandoned vehicles, fly posting, vehicle idling and waste carriers offences.

Professionally trained Locality Officers dealt with the three stages of enforcement, which were Education, Engagement and Enforcement.  Helping people to understand that the Council’s aim was to improve their local environment would bring people on board and encourage and reinforce positive behaviour.  Fixed Penalty Notices (FPNs) would be used as a last resort if the above measure failed.  Issuing FPNs was a means of alleged offenders discharging liability to conviction for an offence, thereby avoiding the need to take prosecution cases through the Court process, which could be costly and time consuming for the Council’s Legal Team.  FPNs were financial penalties, with income retained by the Local Authority to be used to fund investment to prevent the increase of environmental crime, such as investment in CCTV, body cams and printed literature.

It was, therefore, considered appropriate to seek Council approval for the introduction of a Policy in relation to the use of FPNs for environmental related offences, as listed in Appendix 2 to the report.  The Policy, attached as Appendix 1 to the report, would guide decisions taken by locality officers in relation to discharging  ...  view the full minutes text for item C/61

Council is asked to receive the Executive Reports from the Leader and Cabinet and to deal with any questions raised by Members to the appropriate Cabinet Members on the contents of the reports.

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, thanked officers for their hard work in difficult circumstances and noted that many were working on both South Lakeland District Council as well as Westmorland and Furness related tasks. Councillor Brook wished officers and members a merry Christmas and prosperous New Year.

Councillor Brook raised a point of order, noting that questions on the Portfolio Holder Reports should be raised before moving on to the written questions.

Councillor Judy Filmore asked Councillor Dyan Jones, Climate Action and Biodiversity Portfolio Holder, what are the infrastructure issues with stopping electric vehicles being purchased.

In Councillor Jones’ absence, the Chief Executive undertook to provide a written response on this matter.

Councillor David Webster asked Councillor Robin Ashcroft, Economy Culture and Leisure Portfolio Holder, will the GSK Masterplan report be sent out to all members for information?

In Councillor Ashcroft’s absence Councillor Webster confirmed he was happy to receive a written response.

Councillor Mark Wilson asked Councillor Andrew Jarvis, Finance and Assets Portfolio Holder, can you provide an update on Ulverston Coronation Hall.

Councillor Jarvis undertook to provide a written response on this matter.

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 – “Please can you provide an update on poverty alleviation to ensure that ward members are fully informed as where to direct residents in times of increasing difficulty?”

Councillor Pye responded, saying that it was important to understand the nature of a residents’ issue, be it around heating, accessing food, debt, housing or perhaps there is an imminent crisis due to not being able to meet commitments on a day to day basis. She added that in the first instance that it was best to seek help from the relevant agency, whether this was the Council for Council Tax, the Department for Works and Pensions for benefits or a bank for debt.

Councillor Pye noted that the Citizens Advice Bureau had excellent advice and intensive support available for anyone in need and that the County Council had produced a community leaders pack which focused on the Cost of Living Crisis, which was an extremely useful tool for reference and recommended the pack to members. Furthermore there was a householder’s version of the same thing that was being sent out to residents.

Councillor Pye informed members that it was important to keep up to date with current information to advise residents as there was an ever changing picture both in terms of need and also provision. She added that the live warm spots interactive map was a very good resource to point people towards and requested that members register any that were not already listed.

Members were informed that if there was a gap in provision in their ward, that a discussion with officers would be wise to ascertain the best  ...  view the full minutes text for item C/62

To receive Chairmen’s comments (if any notified) in respect of the minutes of the Committee meetings held between 21 October and 28 October.

No comments or questions had been received in respect of the minutes of committee meetings held between 21 and 28 October 2022.

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.

Vice-Chairman of the Council, Councillor Matt Severn requested an update on the impact of the recent resignation of Councillor Brian Rendell on the political balance of the Council. The Legal, Governance and Democracy Senior Specialist (Monitoring Officer) undertook to provide a written response.

No questions had been received under Rule 10.6 of the Council’s Rules of Procedure.

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 1 November 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 1 November 2022, namely CEX/54 (2022/23) (Grange-over-Sands Lido and Promenade), be received.

To consider appointing a Deputy Section 151 Officer for South Lakeland District Council.

Note - This matter was included as an urgent item of business under Section 100B(4)(b) of the Local Government Act. The Chairman of the Council has been consulted and is of the opinion that it requires consideration without delay, in light of the imminent departure of the existing Deputy Section 151 Officer.

The Deputy Leader and Finance and Assets Portfolio Holder, Councillor Andrew Jarvis presented an urgent report regarding the appointment of a Deputy Section 151 Officer for South Lakeland District Council. Members were informed that the existing Deputy Section 151 Officer would leave the Council on 2 January 2023 and that the existing arrangements for the statutory officers would remain the same.

Councillor Jarvis thanked the Deputy Section 151 Officer for their work and moved the recommendations set out in the report. The proposal was seconded by Councillor Brook.

Councillor Vicky Hughes expressed the thanks of all members to the Deputy Section 151 Officer.

It was subsequently unanimously

RESOLVED – That Peter Hunt be appointed as Deputy Section 151 Officer for South Lakeland District Council with effect from 3 January 2023 to ensure legislative requirements are met.

Note – at this stage, the Chairman of the Council, Councillor Pete McSweeney proposed a short adjournment. The meeting was adjourned at 7.27 p.m. and reconvened at 7.35 p.m..

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 item 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.

Subject to the decision of the Human Resource Committee of Friday 16 December concerning the position of the Chief Executive as part of the implementation of the transition to the new Authority of Westmorland and Furness and if recommended by HR Committee to seek authorisation to enter into a settlement agreement and to make the payment detailed therein. (Appendix 2 to follow)

Note – The Chairman of the Council confirmed that Anne Palmer, Legal Director at Bevan Brittan LLP and Phillip McCourt, Legal Director at Bevan Brittan LLP (external solicitors engaged by the council) had joined the meeting via Teams.

Further to a decision made by the Human Resources Committee on Friday, 16 December 2022, concerning the position of the Chief Executive as part of the implementation of the transition to the new Authority of Westmorland and Furness, Council was being asked to authorise entering into a settlement agreement and to make the payment as detailed within Appendix 1 to the report.

RESOLVED – That

(1)        the employment of the post-holder of the Chief Executive and Head of Paid Service be accordingly terminated under the terms of a settlement agreement;

(2)        the Monitoring Officer be authorised, in consultation with the Section 151 Officer, the Chair of the Human Resources Committee and the Leader of the Council concerning those elements that have a financial implication, to negotiate and agree an appropriate settlement agreement with the Chief Executive; and

(3)        the relevant payment be authorised from the Council’s general reserves.