Agenda and minutes

To authorise the Chairman to sign, as a correct record, the Executive Decisions made by Cabinet on 13 April 2022.

Members requested that actions from the 13 April Cabinet meeting regarding Minute No. CEX 125 (Capital Programme Update) be followed up by officers.

No further comments were made and it was

RESOLVED – That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 13 April 2022.

To receive the Delegated Executive Decisions made by Portfolio Holders or Officers on 7 April 2022 and 21 April 2022.

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, 7 April and Thursday, 21 April 2022 be received.

To receive Emergency Delegated Executive Decisions taken by the Chief Executive since the last meeting of Cabinet in accordance with the Leader’s decision noted by Cabinet at CEX/104 (2019/20).

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

RESOLVED – That the Emergency Delegated Executive Decision made by the Chief Executive on 4 May 2022, in accordance with the Leader’s decision noted by Cabinet at CEX/104 (2019/20), be received.

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.

Councillor Eamonn Hennessey raised a non-pecuniary interest in Minute No. CEX142 (Additional Funding for Glass Panels along Aynam Road, Kendal) for transparency by virtue of the fact that he was a part of a sub-group formed by Kendal Town Council that held discussions with the Environment Agency (EA) regarding this item.

RESOLVED – That Councillor Eamonn Hennessey’s non-pecuniary interest related to Minute No. CEX142 (Additional Funding for Glass Panels along Aynam Road, Kendal) be noted.

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.

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 in respect of this meeting.

To note the contents of the latest draft Forward Plan, due to be published on 31 May 2022.

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

RESOLVED – That the contents of the Forward Plan published on 31 May 2022, be noted.

To note for information, the update to Portfolios to Cabinet Members and Shadow Cabinet Members, together with the Scheme of Delegation for the discharge of the Executive functions of the Council and for new Cabinet Members to sign the Cabinet Job Descriptions (documentation will be circulated at the meeting).

Further to the update provided by the Leader of the Council at the Annual Meeting of the Council on 18 May 2022, a document outlining the update to Portfolios Holders had been attached to the agenda.  The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) informed Members that the Scheme of Delegation for the discharge of the Executive Functions of the Council would be circulated to Members following the meeting. Members were also provided with a copy of a document, which highlighted the update to Shadow Portfolios to the Shadow Executive.

RESOLVED – That the update to Portfolios to Cabinet Members by the Leader be noted and the respective Cabinet Job Description be signed by the new Cabinet Member.

To consider appointments to/representation on outside bodies for 2022/2023.

Summary

Consideration was given to proposed nominations for the appointments of representatives to serve on outside bodies for the forthcoming year 2022/23. Members were informed that a number of the Outside Bodies had either ceased meetings or had not met in a long time and following feedback from Members, the Council had decided not to appoint to them.

A query was raised regarding the Reserve Forces and Cadets Association, the Legal Governance and Democracy Lead Specialist (Monitoring Officer) responded, noted that officers would look in to the Outside Body and make contact to inform them that the Council would no longer be appointing a representative.

Decision

RESOLVED – That the following appointments of representatives to serve on outside bodies for 2021/22 (or for terms as otherwise state) be made:-

Reasons for Decision

Appointments to Outside Bodies assist in the delivery of the Council Plan through partnership working: “across boundaries, with a range of other local authorities, organisations and businesses”.

Alternative Options Considered and Rejected

Not to make appointments, which could affect the Council’s ability to influence partners on important strategic issues.

To monitor progress against the measures of success as detailed within the Council Plan.

Summary

The Finance and Assets Portfolio Holder presented the Council Plan Performance Monitoring Report for Quarter 4 of 2021/22.

The Council Plan retained the vision of “South Lakeland as the best place to live, work and explore”, and highlighted that there were areas where the Council needed to do more and the plan identified four priority areas where activity needs to be focussed to achieve the vision. Targets listed in the report were grouped under these four priorities:

·        Working Across Boundaries – Delivering Sustainable Regional Growth;

·        Delivering A Balanced Community – A South Lakeland For All Ages;

·        Delivering A Fairer South Lakeland – A South Lakeland For Everyone; and

·        Addressing The Climate Emergency – A Carbon Neutral South Lakeland.

The report summarised the performance of a number of targets that had shown very good performance. However, in line with national trends and the influence of Covid-19 the number of homeless households living in temporary accommodation had increased. The Council monitored the state of South Lakeland’s economy, trends, strengths and weaknesses to help prioritise activities and interventions, adapting and implementing policies to positively affect the economy.

The most recent review during Quarter 4 2021/22 showed that only 27% of risks had been positioned above appetite, a decrease from the Quarter 4 2019/20 review, which had found that 65% of risks were above appetite due to the impact of Covid-19.

Members thanked Officers for their work in producing a detailed report and noted that the results of the performance monitoring report showed the good work done by the Council and remarked that they felt proud of the work of the Council.

Following a request from Members the Chief Executive undertook to provide an update on the Ulverston Masterplan and the future Local Plans particularly focusing on any potential land allocations.

Decision

RESOLVED – That

(1)        the Summary of Performance as detailed in the report be noted;

(2)        the detailed risks information contained within Appendix 1 to the report be noted; and

(3)        the detailed performance statistics within Appendix 2 to the report be noted.

Reasons for the Decision

Performance Monitoring underpins service delivery and provides good value for money. Performance Monitoring supports the delivery of all four Council Plan Priorities

Alternative Options

No alternative options. The purpose of the report is to receive a performance update. The Council must note successes, monitor progress and take action where appropriate.

To consider expenditure of Section 106 monies received from the Sainsbury’s development on Shap Road to deliver a public realm project.

Summary

The Finance and Assets Portfolio Holder presented a report on Section 106 Design Works at Stramongate Kendal. The report informed Members that the Council had sought approval for expenditure of Section 106 (S106) monies received from the Sainsbury’s development on Shap Road to deliver a public realm project that had been designed to increase visitor footfall to Stramongate and increase the accessibility of the area to pedestrians and cyclists.

The S106 funding agreement stated that funding must be used towards Town Centre Improvement Contribution, meaning the sum of £208,000 be used by the Council to fund improvements in the Northern Approach from Kendal Railway Station to Kendal Town Centre. Due to indexation the Council received a total of £224,043.85 from the Developer, Morbaine.  In addition, Kendal Town Council made a contribution of £22,000 which gave the Council a budget of £246,043.85 which had been agreed by Council on 18 May 2022 as part of the revised Capital Programme.

The report highlighted the proposals, including a high quality natural stone paved surface being created on the entrance to Stramongate, while still allowing left-turning vehicles from Blackhall Road. The inclusion of small trees provided a more pleasant shopping and visitor environment.

Although the project delivery budget was limited and currently only enables a small scheme to be developed, it was felt that the project could demonstrate how the use of good quality natural materials can bring benefits to business, residents and visitors, providing an example of the future ambitions for the town’s public realm.

Members expressed their support for the proposals, noting the importance of Stramongate to Kendal as home of the weekly market.

Decision

RESOLVED – That

(1)        the expenditure of up to £246,043.85 comprising £224,043.85 of Section 106 monies and £22,000 Kendal Town Council contribution, to deliver a street scape project at Stramongate, Kendal as previously agreed as part of the revised Capital Programme considered at Council on 18 May 2022 be approved; and          

(2)        authority be delegated to the Lead Specialist Legal Governance and Democracy (Monitoring Officer) [in consultation with the relevant Cabinet member/Leader] to agree terms and enter into a Section 278 agreement with Cumbria County Council to give effect to recommendation (1) and as detailed in section 3 of this report.

Reasons for the Decision

The proposals link to the Council Plan Priorities of:-

Delivering a balanced community – understanding the needs of local businesses by creating an attractive gateway towards the town centre; and

Addressing the climate emergency – by developing town centres which are attractive and accessible for living, working and leisure.

Alternative Options

Alternative option would be not to grant approval of the expenditure and the S106 money received would be returned to the Developer (Morbaine).

To consider approval of grant funding towards the installation of Glass Panels along Aynam Road, Kendal.

Summary

The Finance and Assets Portfolio Holder presented a report related to additional funding for glass panels along Aynam Road, Kendal. He reminded Members that the Environment Agency (EA) had been undertaking significant work throughout Kendal and the surrounding area to reduce the impact of flooding in Kendal and other nearby settlements. Approval was granted in December 2019 with work beginning in Spring 2021 and expected to be completed by early 2024. The Planning approval included installation of aluminium framed glass flood defence panels in three locations along Aynam Road, Kendal.

In response to the Kendal Flood Risk Management Scheme, Kendal Town Council formed a Flood Relief Scheme Working Group, which included representatives from the EA and the Council to report on the scheme and identify opportunities to improve the visual design of the glass panels in public realm areas of the town. The Flood Relief Scheme Working Group undertook consultation with residents which resulted in a new planning application being submitted to improve the glass panels by extending the total length and upgrading to a stainless steel specification which was a key aspiration of the local community. Further ground investigations had enabled the EA to improve the design to more effectively control seepage and groundwater.

At its 11 November 2021 meeting, Council agreed a financial contribution of £250,000 towards the cost of the new and improved glass panels to be installed along Aynam Road, Waterside and Gooseholme through its Capital Programme. The installation of the glass panels was also dependent on a funding contribution of £150,000 from Kendal Town Council, however in light of new and improved design material costs, costs have increased with an additional £125,000 required from South Lakeland District Council in order to deliver the changes, increasing the Council’s funding contribution to £375,000.

Members expressed their support for the proposals and thanked officers for their flexibility and hard work to ensure this project moves forwards.

Decision

RESOLVED – That

(1)        Subject to the Environment Agency securing the necessary further planning permissions an additional grant of £125,000 to the Environment Agency be approved as a contribution to deliver glass panels along Aynam Road, Gooseholme and Waterside in Kendal as part of the Kendal Flood Alleviation Scheme. This funding having been previously agreed as part of the revised Capital Programme considered by Council on 18 May 2022;           

(2)        Cabinet’s approval to provide a grant of £250,000 to the Environment Agency to deliver the glass panels along Aynam Road, Gooseholme and Waterside in Kendal be reaffirmed as previously agreed at Council on 11 November 2021; and

(3)        subject to the Environment Agency securing the necessary further planning permissions, authority be delegated to the Director of Customer and Commercial Services in consultation with the Lead Specialist Legal Governance and Democracy (Monitoring Officer) to enter into an appropriate agreement with the Environment Agency within the parameters of the financial approval as detailed in paragraphs 7.1 to 7.3 of this report.

Reasons for the Decision

The proposal links to Council Plan Priorities  ...  view the full minutes text for item CEX/13