Agenda and minutes

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

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 February 2022.

To receive the Delegated Executive Decisions made by Portfolio Holders or Officers on 10 February 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 10 February 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 Andrew Jarvis declared a registerable interest for transparency with reference to Agenda Item No. 13, it was confirmed that although he was a Councillor for Windermere reassurance was provided to Cabinet that he remained unbiased, open minded and not predetermined in any way.

Councillor Roger Bingham declared previous interest with reference to Agenda Item No. 10 as he has attended Heversham Council, he confirmed that this was a previous historical connection, but that it was now unrelated to the matter in hand. It was requested that this be noted for therecord.

Councillor David Webster also registered an interest with regards to Item No. 14 as he is a member of the GSK Task Force and as the Councillor for the Ward. He confirmed that these did not create a conflict of interest and that he remained unbiased and not predetermined in any way.

Cllr Kevin Holmes declared an interest in Item 13 as a ward Councillor.

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

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.

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 Forward Plan, published on 8 February 2022.

Cllr Jarvis raised a query regarding the budget item still appearing on the forward plan. The Legal, Governance and Democracy Lead Specialist confirmed that in updating the Plan for publication, any decision already taken would be removed.

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

RESOLVED – That the contents of the Forward Plan published on 8 February 2022, be noted.

To consider an update to the Street Naming and Numbering Policy to ensure compliance with relevant legislation, guidance and recommendations.

Summary

The Housing Portfolio Holder presented the report which recommended for the Council to have an updated and fit for purpose Street Naming and Numbering (SNN) Policy which will give clear guidance to housing developers, Town and Parish Councils, and to private residents on the national and local requirements for the naming of streets and private properties. This would ensure compliance with relevant legislation, guidance and recommendations as stated.

The policy has been designed to produce regulations about putting signs up to name public streets, and to ensure names and numbers of buildings are displayed properly. This will drive the creation of logical and consistent addresses and ensure that properties can be located quickly in all situations. The intention is to provide a clear and concise framework for making decisions against and to promote transparency in the decision making process. It was confirmed that the Council already has the resources in place to provide the Street Naming and Numbering function.

Councillor Roger Bingham (Shadow Cabinet (Economy, Culture and Leisure Portfolio) expressed strong agreement for a robust policy on this area. He raised local issues regarding examples of repetitive street naming and provided examples which were felt to be lacking. Street naming he maintained needs to be informative, prevent confusion and reflect a real local connection to the area.

Decision

RESOLVED – That:-

(1)        having considered the consultation responses attached at Appendix 2;  the draft street naming and numbering guidance and policy attached at Appendix 1 be adopted ;and

(2)        authority be delegated to the Director of Customer andCommercial Services to implement the policy on behalf of theCouncil

Reasons for Decision

The adoption of the Street Naming and Numbering policy is essential to the delivery of an effective Street Naming and Numbering service and as such will allow the Council to discharge its statutory duties efficiently and effectively; positively impacting all Council Plan priorities.

Alternative Options Considered and Rejected

The Council could continue to use the national legislation and good practice guidance to guide its decision making.  However this would not be in line with good practice and would not provide a clear and transparent decision making process for users of the service.

To consider funding for the Environment Agency to undertake structural repair works to the riverside wall at Gooseholme, Kendal.

Summary

Councillor Andrew Jarvis – Deputy Leader & Finance and Assets Portfolio Holder presented the report recommending to provide funding for the Environment Agency (EA) to undertake structural repair works to the riverside wall at Gooseholme to ensure that the flood defence works remain on programme.

Councillor Jarvis provided the necessary background, descriptions of deterioration to the wall, referenced temporary repairs completed last year, described the repairs and costs required and included the wider impact on the environment.

Following survey work and dialogue between SLDC and EA, it has been estimated that the cost of the repair works is in the region of £265,000. It was noted that this could potentially have a significant impact on the programme for the Environment Agency if the structural repairs are not undertaken to the section of wall within the Gooseholme area.

It was recommended that SLDC support the structural repair works up to a value of

£265,000 (the cost of the repair required to the wall which is SLDC’s responsibility), and that the EA deliver the repairs as part of the flood defence scheme to ensure that their programme is unhindered. It was proposed that SLDC use the EA’s contractor to benefit from having the designers and contractors already on board. EA will enter into the contracts with the contractor to carry out the works. This proposal also meant that there was only one Principal Contractor working in this area and complied with 2015 CDM Regulations 2015.

Councillor Dixon expressed gratitude for the progress and works planned. In addition, residents will be grateful for access to the footbridge in particular.

Decision

RESOLVED – That:-

(1)        funding in the sum up to £265,000 be transferred to the Environment Agency to undertake the structural repair work to the river side wall within the Gooseholme area;and

(2)        Authority be delegated to the Director for Customer and Commercial Services in consultation with the Lead Specialist for Finance and Lead Specialist for Legal, Governance and Democracy, to prepare and enter into the necessary funding and legalagreements.

Reasons for Decision

To provide funding for the Environment Agency (EA) to undertake structural repair works to riverside wall to ensure that the flood defence works remain on programme.

It was considered necessary to approve the works and contribution without such it would have significant impact on the EA’s programme and budget.

Potential re-design of the area may be needed if monies are not forthcoming and this would require additional planning applications, further business case review and put this area atrisk.

Alternative Options Considered and Rejected

To not approve the works or contribution. This would have significant impact on the EA’s programme and budget. Potential re-design of the area may be needed if monies are not forthcoming and this would require additional planning applications, further business case review and put this area at risk.

To consider a proposal to assist in the delivery of affordable homes and meeting housing needs within the district and increase the supply of affordable housing.

Note – In accordance with Section 100B(2) of the Local Government Act 1972, copies of Appendix 1 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).

Summary

Councillor Helen Chaffey – Housing Portfolio Holder introduced the proposal for the Council to purchase the land at Heversham to be able to deliver on creating affordable homes. This will assist in meeting housing need within the locality and surrounding area as well as increasing the supply of affordablehousing.

It was noted that the site proposal provides an opportunity to deliver an exemplar in energy efficient homes with a view to replicating this across the District.

Cabinet were asked to consider the recommendation to purchase this land in Heversham at market value for delivery of affordable housing in the future. The money used for the purchase would come from the capital receipts from RTB sales. A further report and feasibility study will be brought back to Cabinet for approval which will detail the various options available to the Council for delivery of affordable homes which are exemplar in energy efficiency.

It was highlighted that this was viewed as a great opportunity for the Council to prioritise housing needs for South Lakeland. The proposal would assist the Council in the delivery of affordable housing through the use of the Right to Buy replacement scheme monies. In addition, the proposal would work towards the delivery of affordable homes that will contribute towards the Council’s housing and communities target to deliver 320 homes every year across the District through the purchase of a suitable site and assist in the potential delivery of energy efficienthomes.

Councillor Chaffey described the work that has taken place to enable this scheme to progress; to acquire the land and to get the money earmarked for the project. Councillor Chaffey thanked officers for the extensive work done so far to reach this point.

The Chair thanked officers for the extensive work and described the project as an exciting development that works towards meeting Council aspirations. The need for more affordable homes was highlighted and that this would provide a positive intervention. The possibility of this site delivering exemplary, green sustainable homes was welcomed.

Councillor Bingham noted that this proposal would help towards restoring the social balance in the area, relaying concern that there is a lack of young people in the village and provided an example that there are no children currently attending the  local church, highlighting that more affordable homes and community facilities are required. The principle objections noted by local people to this project were that there may be added cost implications to the build due to the limestone base under theland.

Councillor John Holmes queried what would happen following purchase of the land. Would the Council enter into an agreement with a housing association? The Chair confirmed that the next steps are yet to be determined.

Councillor Jarvis added that seeking to increase affordable housing and ownership of land is very important for delivering on affordable homes, ensuring that the land ownership stays in this area and SLDC’s remit. It would enable the creation of high quality affordable homes which are needed  ...  view the full minutes text for item CEX/113

To consider investment in Westmorland Shopping Centre Multi Storey Car Park.

Note – In accordance with Section 100B(2) of the Local Government Act 1972, copies of Appendix 1 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).

Summary

Councillor Jarvis, Deputy Leader & Finance and Assets PortfolioHolder introduced the report proposing significant investment in Westmorland Shopping Centre Multi Storey Car Park to secure its life span for a further 25 years to support the economic development of Kendal Town Centre. The complex lease and ownership of the site was explained to members.

Previous works carried out to the site in 2011 and 2015 were described to Cabinet and it was noted that the work for this project does not look to repeat or re-do any of these works but to install a new waterproofing deck coating to be installed on levels 3a, 3, 4 and 4a. This was to include all concrete vehicle ramps and any areas of existing asphalt surfacing, highlighting that the works will ensure that all drainage channels, parapets and deck edges are included. The details regarding the tender were presented.

Councillor Jarvis explained that whilst the works are underway, various sections will be closed to parking, however the car park will remain open at all times. Parking levels in the Town are currently reduced compared to recent years and officers feel that the Town is able to cope with parking capacity for the duration of works. Officers will monitor any impact re: the Covid vaccination centre and look to mitigate where needed. It was recommended that Cabinet approve the award asproposed.

As part of the Council’s Strategic Property review and general asset strategy, a condition review was undertaken of the Westmorland Shopping Centre Multi Storey Car Park. Currently, the estimated life span of the structure is 10-15 years. To ensure that parking capacity remains at the current levels in Kendal, it is proposed to undertake works to the structure to ensure a life span of 25 years (min) with ongoing plannedmaintenance.

An assessment of sustainable travel and demand has been undertaken. It is likely that demand for car parking will have reduced, but not to a level that the Council does not anticipate no need for the car park in 10-15 years. This work is therefore planned to protect the parking demand in the Town for the next 25 years and beyond if required.

Councillor Dixon expressed that he was glad to see the work go ahead. He agreed that the lease agreement is very complex but was pleased that the necessary works were to be progressed.

Councillor John Holmes queried the nature of the lease hold arrangements. He referenced the section of the shopping centre that was to be leased to Kendal College and wanted to know if the college was going to make a contribution towards the costs.

The Operational Lead - Delivery and Commercial Services advised that all members of the college are able to use the car park the same way as any member of the public. He confirmed that there are currently communications underway about the possibility of the college leasing one whole floor of the car park. He advised that these communications are at an  ...  view the full minutes text for item CEX/114

To consider a new lease and under lease of Coronation Hall for up to 99 years.

Note – In accordance with Section 100B(2) of the Local Government Act 1972, copies of Appendices 1, 2 and 5 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).

Summary

Councillor Ashcroft, Economy, Culture and Leisure Portfolio Holder outlined the proposal to enter into a 99 year lease for the Coronation Hall on the draft Heads of Terms set out in Part II Appendix 6, with appropriate delegations to agree to finalize the terms.

Subject to the completion of the Coronation Hall 99 year lease, it is proposed that the Council will undertake a procurement exercise and subsequent contract award in relation to the replacement of the lift at Coronation Hall with funding as approved by the Council in February 2022 for the 2022/23 budget.

Subject to the completion of the Coronation Hall 99 year lease, it was proposed that the Council commits to a grant funding award in the sum of £79K to Ulverston Coronation Hall CIO for investment in public spaces within the Coronation Hall. The sum of £79k is the sum of Capital monies remaining from the Capital funding set aside for the projects related to the closure and transfer of Ulverston Town Hall.

It was proposed that the grant award was to be made only upon completion of the lease for the Coronation Hall and would be subject to appropriate terms and conditions including but not limited to clawback provisions if the funding is not spent within a specified period on upgrades to public spaces within the Coronation Hall in order to help implement the CIO’s new business plan in Appendix 1. This includes for example renovations/improvements to the Coronation Hall (e.g. Supper rooms, additional meeting rooms) with the aim of improving the Coronation Hall’s potential to generate revenue income.

The Cabinet also considered, subject to the completion of the Coronation Hall 99 year lease, the award of a grant of £150k as outlined in the report as a ‘transition grant’ to support the Coronation Hall and Ulverston Markets in acknowledgement of the time lost due to the pandemic and support required to bring the assets to a point at which they are financially viable.

Cabinet also considered whether a further report should be brought to Cabinet on receipt of the feasibility/options appraisal commissioning by UCE in relation to the Market.

Councillor Webster congratulated progress and stated that this was needed, with support of the proposed 99yr lease. Councillor Webster raised the issues of the external appearance of the Market Hall building confirming that significant improvement is required. Bird droppings and other factors were relayed to Members.

Councillor Ashcroft advised that we had been waiting for the business plan and that these things take time. He confirmed that it was a great step forward and a fantastic example of collaborative working.

The Operational Lead - Delivery and Commercial Services confirmed that the Council would work with teams on the building maintenance issues provided by Councillor Webster.

Councillor Bingham requested that on working with the parties involved in the restoration of the Hall; to be mindful of refurbishment and that it was fit for purpose, noting that the structure and internal decoration needs to be maintained  ...  view the full minutes text for item CEX/115

To consider the creation and provision of fit for purpose accommodation for Windermere and Bowness Town Council and the release of Langstone House, Broad Street, Windermere for affordable housing.

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).

Summary

Councillor Jarvis, Economy, Culture and Leisure Portfolio Holder presented the report to Cabinet, outlining the intention to create and provide fit for purpose accommodation for Windermere and Bowness Town Council in exchange of the release of Langstone House, Broad Street, Windermere for affordable housing.

Descriptions of the building close to town were provided; the proposed structure and refurbishment explained; the extent of the investment and rental values detailed; and the wider benefits to the community were articulated to Members. Councillor Jarvis noted that this proposal immediately reduces the expenses for the Town Council and offsets rent outlay.

The District Council have been working alongside Windermere and Bowness Town Council with a view to finding an alternative location for the Town Council in order to realise the potential of Langstone House as affordable housing.

As part of the Asset review undertaken by the District Council, Ellerthwaite Depot located in Broad Street car park which is also surplus to requirement was put forward for development to create a new commercial unit close to the Town centre which could be leased by the authority for a commercial rent.

Councillor Jarvis provided detail around the feasibility study agreed by officers following discussion with the Town Council. The Council’s property services provider has developed designs to meet the needs and standards as requested by the Town Council and the Town Council have agreed in principle to relinquish their user rights in Langstone House in return for a refurbished and re-configured depot building.

As well as the asset transfer of Ellerthwaite Depot, Windermere and Bowness Town Council have requested 1 No. designated car parking space in Broad Street car park next to the depot and to be consulted and approve the end use of Langstone House to ensure that Langstone House is to be used for affordable housing in the future and not developed for other commercial uses. Whilst the overall outcome for the site is to be agreed with Windermere and Bowness Town Council, agreement over delivery model and any housing provider engagement will be limited to the District Council and new Authority to approve.

Cabinet considered whether the future development of affordable housing on the Langstone House site justified the less than best terms for the lease to the Town Council. They were informed that justification of a less than best consideration can only be confirmed once the results of the feasibility study are known and providing further that the results of the feasibility study confirm that an affordable housing scheme on the Langstone House site is viable (and subject to further report to Cabinet).

Members queried if there would be possibility that there might be a requirement for a start from scratch re-build. Thinking ahead, Members were preparing to answer any questions on the site developments that they may encounter. Councillor Jarvis responded that feasibility studies were underway to ascertain how best to develop this site.

Officers in answer to questions raised explained that they will ensure that an affordable housing scheme  ...  view the full minutes text for item CEX/116

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 Paragraph indicated.

To consider the negotiation of agreeable terms for land donation and to consider the heads of terms to enable investment on the site at Sandside Ulverston.

Summary

Councillor Ashcroft Economy, Culture and Leisure Portfolio Holder presented the report to Cabinet, stating that the Council intends to acquire land from Glaxo Operations UK Limited and subsequently make a disposal of the land to enable new employment.

Decision

RESOLVED – That:-

(1)        Authority is delegated to the Director of Customer and Commercial Services and Legal, Governance and Democracy Lead Specialist to enter into negotiations with Glaxo Operations UK Limited on the terms of the land donation as described in paragraphs 3.1 to 3.9, approval of which would be subject to a future Cabinet decision.

(2)        in principle (subject to the acquisition of the land donation site as referred to above) the subsequent disposal of the land at a ‘less than best’ consideration as described in paragraphs 3.10 to 3.13 of the report be approved, in the interest of furthering the successful economic development of Ulverston and wider District;

(3)        authority is delegated to the Director of Customer and Commercial Services and Legal, Governance and Democracy Lead Specialist in consultation with the Portfolio Holder for Economy and Culture and Portfolio Holder for Finance and Assets, to negotiate terms within the framework described in paragraphs 3.14 to 3.17 of the report, and subject to doing so, enter agreement with the third party;

(4)        authority is delegated  to the Director of Customer and Commercial Services and Legal, Governance and Democracy Lead Specialist to negotiate the terms (once heads of terms have been agreed within the framework) and complete the disposal of the land with the third party together with any associated documentation; and

(5) In the event terms cannot be agreed within the framework, terms are brought back to Cabinet for consideration.

Reasons for Decision

The proposal enables the development of a significant employment site for the Morecambe Bay economic region, securing investment and high value jobs. It provides and safeguards jobs to grow our working age population. It delivers business space, providing support and affordable premises for new start-ups and enables sustainable growth in the district.

Alternative Options Considered and Rejected

The Council could refuse the land donation from GSK and ask them to dispose of it on the open market.  This would however remove from the Council’s control (other than through its development management function) over who would become the end user of the site.  It would also remove the Council’s ability to put together an attractive package of support for Lakes Bioscience, making it significantly less likely that Ulverston would secure the high value jobs and investment.