Agenda and draft minutes

Cabinet - Wednesday, 13 April 2022 10.00 a.m.

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

Contact: Inge Booth  Legal, Governance and Democracy Specialist

Items
No. Item

CEX/119

Cabinet Executive Decisions pdf icon PDF 587 KB

To authorise the Chairman to sign, as a correct record, the Executive Decisions made by Cabinet on 9 March 2022.

Minutes:

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

 

RESOLVED – That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 9 March 2022

CEX/120

Delegated Executive Decisions pdf icon PDF 245 KB

To receive the Delegated Executive Decisions made by Portfolio Holders or Officers on 10 and 24 March 2022.

Additional documents:

Minutes:

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

 

RESOLVED – That the Delegated Executive Decisions made by Portfolio Holders or Officers on Thursday, 10 March and Thursday, 24 March 2022.

CEX/121

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:

RESOLVED – That it be noted that no declarations of interest were raised.

CEX/122

Local Government Act 1972 - Excluded Items

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

Minutes:

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

 

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

CEX/123

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 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.

Minutes:

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

CEX/124

Forward Plan pdf icon PDF 285 KB

To note the contents of the latest Forward Plan published on 15 March 2022.

Minutes:

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

 

RESOLVED – That the contents of the Forward Plan published on 15 March 2022, be noted.

CEX/125

Capital Programme Update pdf icon PDF 246 KB

To consider three requests for amendments to the capital programme and capital re-profiling requests relating to 2021/22.

Additional documents:

Minutes:

Summary

 

The Finance and Assets Portfolio Holder presented a report updating the Capital Programme and Capital Re-profiling requests relating to 2021/22, which enabled 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 Cabinet to consider the proposal in accordance with the current Forward Plan. It was noted that approval would be sought at the Annual Meeting of the Council in May 2022 which was required to amend the Capital Programme as each request was for more than £100,000.

 

The Finance and Assets Portfolio Holder highlighted 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 will 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.

 

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 raised a query regarding progress on the Ulverston Coronation Hall and Markets and requested a report to outline the progress on tenders for this and other projects on going. The Finance and Assets Portfolio Holder felt that a report on the progress of tenders would be useful and suggested that officers provide this for Members.

 

The Operational Lead (Delivery and Commercial Services) informed Members that talks were ongoing to discuss the heads of terms for  ...  view the full minutes text for item CEX/125

CEX/126

Budget Review - Grange-over-Sands Lido and Promenade pdf icon PDF 260 KB

To consider progression of and additional funding for the scheme.

 

Note – In accordance with Section 100B(2) of the Local Government Act 1972, copies of Appendix 2 to the report are excluded from inspection by members of the public as it contains information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:-

 

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

Additional documents:

Minutes:

Summary

 

The Finance and Assets Portfolio Holder presented a report regarding the proposed works for both the Grange Lido and Promenade. The report set out the Tender process, which resulted in a compliant tender and Cabinet approval to proceed with the preferred scheme in March 2021. Following Cabinet approval work with the Principal Contractor and Design Team began to de-risk the project with further and more intrusive surveys undertaken.

 

The report explained that over the last twelve months, the construction had seen a significant increase in costs due to Brexit and the Coronavirus pandemic with Officers and the Design Team monitoring costs, which had on average, increased by 7.25% between Quarter 4 of 2020 and Quarter 1 of 2022. In addition South Lakeland District Council’s Planning department had raised concerns regarding the choice of materials used in the value engineering options.

 

The Finance and Assets Portfolio Holder highlighted that due to the inflationary increases in the construction industry; having to revert back to some original design proposals to meet with planning conditions and de-risk the project; and with additional value engineering options, there was an additional need for £265,000 for the Grange Lido project. It was proposed that the additional budget request could be met from the Cumbria Business Rate Pool, which would require Cabinet to recommend that Council approve a change to the Capital programme to include the £265,000 for the Grange Lido project.

 

Decision

 

RESOLVED – That

 

(1)        Option 3B as described in Appendix 1 and Part II Appendix 2 be approved, subject to Council approval of additional funding and amendment to the Capital Programme 2022/23;

 

(2)        the additional funding of £265,000 for the Scheme be included in the Capital Programme 2022/23 and be recommended to Council for approval;

 

(3)        authority be delegated, subject to Council approval, to the Director for Customer and Commercial services in conjunction with the Lead Specialist for Legal, Governance and Democracy to enter into the building contract with the Principal Contractor; and

 

(4)        authority be delegated to the Director for Customer and Commercial services in conjunction with the Lead Specialist for Legal, Governance and Democracy to continue pre contracts work and project preparation through the appointment of the Design Team to proceed with discharge of planning conditions and preparation of Contract documents (Contract Drawings) as shown in Appendix 1 and Part II Appendix 2 prior to Council’s consideration of the additional funds and amendment to Capital Programme 2022/23.

 

Reasons for Decision

 

The proposals set out within the report link to the following Council Plan priorities:-

 

Delivering a balanced community - Engagement with the private sector and public sector partners will be central to the Council’s approach to helping grow and develop the economy and make best use of our property portfolio to support economic growth, through the use of our current and future asset; and

 

Addressing the climate emergency - We will support Cumbria County Council and local partners with their strategies for active travel and healthy living.

 

Alternative Options Considered and Rejected  ...  view the full minutes text for item CEX/126

CEX/127

Press and Public

Minutes:

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 involve 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 paragraph indicated.

CEX/128

Westmorland Shopping Centre - Headlease transaction

To consider the leasehold transaction being the surrender of the current Head Lease and two underleases with conditions.

Minutes:

Summary

 

The Finance and Assets Portfolio Holder presented a report on the Westmorland Shopping Centre Headlease transaction. The report detailed the history of the site and the proposals moving forwards.

 

The Operational Lead (Delivery and Commercial Services) responded to questions raised by Members.

 

Decision

 

RESOLVED – That:-

 

(1)        the approval for the surrender of the Headlease and two underleases be reaffirmed;

 

(2)        the continuing commitment to the provision of car parking as described in the report be approved;

 

(3)        authority be delegated for the agreement of the detailed terms of the leasehold transactions and any supplementary documentation that may be required to effect the leasehold transaction to the Director of Customer and Commercial Services in conjunction with the Operational Lead for Delivery and Commercial Services and the Legal, Governance and Democracy Lead Specialist.

 

Reasons for Decision

 

The proposals are linked to the Council Plan Priority of delivering a balanced community for the economy and culture, creating opportunities for:-

 

·        unlocking development sites and enabling local businesses to grow;

·        understanding the needs of local businesses;

·        encouraging graduate retention; and

·        using culture and built heritage to support our unique offer.

 

Alternative Options Considered

 

To do nothing, which will mean that SLDC are tied into the headlease with a need to provide parking for that period of time, potentially restricting SLDC’s options for the site.

 

To replace and extend the Head leasehold interest and subsequent two underleases. This is not a recommended route as SLDC would require approval for any works or alterations needed to the Car Park and Market Hall, increasing the repair liability for SLDC over time. It would be in SLDC’s interest to remove the Head Lease arrangement, therefore this is not a recommended route.

CEX/129

Re-Admission of Press and Public

Minutes:

RESOLVED – That the press and public be re-admitted to the meeting.