Agenda and minutes

To authorise the Chairman to sign, as a correct record, the Executive Decisions made by Cabinet on 8 February 2023.

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 8 February 2023.

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.

RESOLVED – That Councillor Janette Jenkinson declared a non-pecuniary other registerable interest for transparency, under Minute No. CEX/104 by virtue of the fact that she was a Director of Ulverston Community Enterprise and a Trustee of Ulverston Coronation Hall. She remained in the meeting during the discussion and voting on the item, although with no voting rights as a Member of the Shadow Cabinet.

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

RESOLVED – That if required, discussion regarding the items in Part II on the agenda be dealt with the following 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 receive Emergency Delegated Executive Decision taken by the Chief Executive on Monday, 27 February 2023 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 27 February 2023, in accordance with the Leader’s decision noted by Cabinet at CEX/104 (2019/20), be received.

To note the contents of the latest Forward Plan.

RESOLVED - That the contents of the Forward Plan published on 7 February 2023 be noted.

To consider the adoption of the Cartmel Conservation Area Management Plan Supplementary Planning Document.

Summary

The Housing Portfolio Holder presented a report regarding the adoption of the Cartmel Conservation Area Management Plan (CAMP) Supplementary Planning Document. The proposal, if approved, would enable the Council to better enact its statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 and have significant weight as a material consideration in determining planning applications.

Members were informed that the Plan was the product of a period of research and consultation across the Ward area, a wide variety of public, residents and visitors had contributed to this process.

The purpose of the Cartmel CAMP was to protect the special character or appearance of the Cartmel Conservation Area by: setting up guidance to promote positive design; identifying a list of buildings or features that were of particular merit to ensure their significance would become material planning consideration and protect such buildings through recommendation of making of an Article 4 Direction; providing a strategy for Buildings at Risk and identifying threats to significance; and identifying opportunities for environmental enhancement as well as making recommendations for future monitoring.

The report set out a number of main issues in detail as well as justifications and how the CAMP would be applied and interpreted.

Members expressed support for the proposals but felt that flexibility was required to ensure that as many of the historical buildings were covered by the CAMP as possible and to ensure that any future properties were not restrictive to local people.

In seconding the report, the Economy, Culture and Leisure Portfolio Holder, reiterated Member support for the proposals and emphasised the importance of protecting villages like Cartmel, adding that there was considerable pressure on locations like this from second home ownership.

Decision

RESOLVED – That the Cartmel Conservation Area Management Plan be approved for adoption as a Supplementary Planning Document (to Core Strategy Policy CS8.6 and Development Management Policy DM3 in the current South Lakeland Local Plan) under Regulation 14 of the Town and Country Planning (Local Planning) (England) Regulations 2012 and thus adoption of the buildings identified in the Management Plan as Local List Buildings (NDHA’s Non-Local Designated Heritage Assets).

Reasons for Decision

The proposal links to the following Council Plan priorities:-

·         Delivering a balanced community – The application of a Cartmel Conservation Area Management Plan SPD in decision making will ensure the historic environmental qualities of Cartmel are preserved and enhanced and this will support the attractiveness of Cartmel as a place to live, invest and visit.

·         Addressing the climate emergency –The application of a Cartmel Conservation Area Management Plan SPD in decision-making will ensure new development is sustainable, enhances the district’s green infrastructure, and promotes local business.

Alternative Options Considered and Rejected

The alternative to not approving this document for adoption would be to leave it as an un-adopted piece of work, which would serve no real purpose in the development management process. It would also prevent the completion of the CAMP and undermine the Council’s ability to exercise its statutory duties to preserve or  ...  view the full minutes text for item CEX/99

To consider a contract extension for an Enterprise Digital Platform for Westmorland and Furness Council.

Please see also Part II Appendix 1 to this report.

Summary

The Leader and Promoting South Lakeland and Innovation Portfolio Holder presented a report on a contract extension for an enterprise digital platform for a period of up to five years. The proposal, if approved, would extend the existing contract ensuring continuity of existing service provision and provide time for Westmorland and Furness Council to consider the transition into a single digital solution. Members were informed that it a possibility that Westmorland and Furness Council opt to continue using the current system.

The report set out the current systems’ uses and explained that a joint contract had been entered into with Eden District Council and the Supplier. The original procurement was for a contract of up to twelve years, with seven initial years followed by an optional five year extended period.

Members’ attention was drawn to the consultation and an appraisal of options which had resulted in the proposal to extend the contract, full details of which were contained within the Part II Appendix 1 to the report. It was considered that this option would provide ample time for the Westmorland and Furness Council to assess and consider its future IT landscape without jeopardising service continuity in the first year of the unitary forming.

Members supported the proposals set out in the report and noted that the technology described in the report had contributed to £1.5 million in annual savings brought to the Council during the Customer Connect Programme. It was felt that it was important that this technology fits in with Westmorland and Furness Council’s plans.

Decision

RESOLVED – That

(1)  The extension of the current contract be approved for a period of up to five years, as detailed within the report and Part II Appendix to this report; and

(2)  Authority be delegated to the Director of Strategy, Innovation and Resources in consultation with the Head of Share ICT Service and the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) to enter into the appropriate agreement on behalf of the Council to document the extension.

Reasons for Decision

The proposal links to the Council Plan Priority for Working Across Boundaries.

Alternative Options Considered and Rejected

An alternative option is for SLDC to do nothing in which case the existing contract will transfer across to Westmorland and Furness authority by operation of law on vesting day. It would then be a matter for the new authority to enter into the contract extension or indeed consider its options prior to contract expiry at the end of June 2023. Terminating the contract in June would cause significant risks to service continuity for the newly formed unitary authority. Deferring the decision to extend is not recommended because the Council has not worked towards de-mobilisation / re-procurement of the contract, (which should be taking place now in preparation for a June termination). Organising the extension now would provide a seamless transition of the critical services delivered under this contract and allow the Council to work closely with the supplier to plan service delivery  ...  view the full minutes text for item CEX/100

To consider the purchase of ten new Resource Recovery Vehicles to collect recyclables from the kerbside.

Please also see Part II Appendix 1 to this report.

Summary

The Customer and Services and Locality Services Portfolio Holder presented a report relating to the purchase of ten new Resource Recovery Vehicles to collect recyclables at kerbside. The proposal would enable the Street Scene Service to continue providing a service to collect materials that have been segregated by residents for recycling.

The report explained that the current fleet of vehicles were up to ten years old and had exceeded their expected operational life. This meant that significant maintenance and repairs had been necessary to ensure the fleet remained in service and that the vehicles were now due for replacement, as detailed in the Council’s Vehicle and Plant Programme.

Members’ attention was drawn to the detailed evaluation of the vehicle options available which had been undertaken and the recommended vehicles, which were considered to be the best option to meet the current and future needs of the service. The vehicles were most compliant with the advertisement specification, and will allow continuity of service to households in the South Lakeland area.

The Customer and Locality Services Portfolio Holder noted that the vehicles would comply with current Government guidance for kerbside recycling and that operational trials proved that the specification and model of the vehicle was suitable for the areas of South Lakeland where they would be operating. The capacity of each compartment on the vehicles had been designed in conjunction with the operatives that deliver the collection service and would have a greater capacity than the equivalent existing vehicles that are being replaced which provided some scope to handle the increased volumes of materials collected at peak periods.

The Customer and Locality Services Portfolio Holder explained that electric vehicles were a clear aspiration for the Council, however, the range of any options and the requirement for infrastructure to be provided meant that they were not a viable option. He added that the vehicles set out in the report were able to run on hydro-treated vegetable oil which highlighted the Council’s ambition to reduce its carbon footprint.

In response to a query regarding the size of the vehicles, the Service Delivery Manager informed Members that the current fleet included smaller vehicles, which would be retained as they were essential for the Street Scene Team to be able to collect recyclables in more rural locations.

Decision

RESOLVED – That

(1)  The purchase of ten new Resource Recovery Vehicles be approved to the recommended bidder being the most economically advantageous tender, as detailed in the Part II Appendix to the report; and

(2)  Authority be delegated to the Director of Customer and Commercial Services in consultation with the Specialist Procurement Officer and Legal, Governance and Democracy Lead Specialist (Monitoring Officer) to enter into the appropriate contract on behalf of the Council with the successful bidder.

Reasons for Decision

The proposal linked to the Council Plan Priority for addressing the climate emergency by ensuring significant waste reduction sent to landfill.

Alternative Options Considered and Rejected

The option of not purchasing vehicles is not recommended as  ...  view the full minutes text for item CEX/101

To consider urgent items, if any.

There were no urgent items.

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 agree the principle of a new long-term lease for Coronation Hall and provide grant support to invest in the venue and assist with its future operation. To also commit to the future of Ulverston Markets by making arrangements for insourcing the running of the markets from 1 April 2023 and assuming forward maintenance obligations on the Market Hall.

Please Note - Regulation 10 (General Exception) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (“2012 Regulations”) allows for a key decision to be made if it is impracticable for notice of the intention to take a key decision under Regulation 9 to be given 28 clear days in advance of the taking of the decision. In this instance the item has been on the Forward Plan (first published September 2022) but the item was listed as part exempt, not fully exempt. The Chairman of the Overview and Scrutiny Committee has been notified that the making of this decision is urgent and cannot reasonably be deferred for the following reasons: there is an urgency to alleviate immediate pressures for the grant recipient by agreeing to release payment of £50,000 of grant funding prior to completion of the negotiation of the lease heads of terms. Furthermore there is a desire from members to give certainty urgently to Ulverston Coronation Hall Charitable Incorporated Organisation (“UCH”) regarding the principle of a long term lease and to urgently progress negotiations regarding the heads of terms.

Note – Details of this report are excluded from inspection by members of the public in accordance with Section 100 (B) of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, and, in all the circumstances of the case, it is considered that the public interest in maintaining the exception outweigh the public interest in disclosing it. Copies of the report are excluded, as they contain information as described in Schedule 12A of the Act as follows:-

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

Regulation 5 of the 2012 Regulations provides that at least 28 days before a private meeting of Cabinet the decision making body has to publish (including on its website) a notice of its intention to hold a meeting (or part of it) in private including the reasons for the meeting to be held in private. At least five clear days before the meeting the decision making body has to publish a further notice of its intention to hold a private meeting (in whole or in part) and this has to include a statement of the reasons for it being held in private, details of any representations made and the Council’s response to any such representations. This Notice has not provided the relevant 28 days, however, in accordance with Regulation 5(6) of the 2012 Regulations, the Chairman of the Overview and Scrutiny Committee has been consulted and has agreed for it to proceed, as it would be impractical to delay the decision for the following reasons: there is an urgency to alleviate immediate pressures for the grant recipient by agreeing to release payment of £50,000 of grant funding prior to completion of the negotiation of the lease heads of terms. Furthermore there is a desire from members  ...  view the full minutes text for item CEX/104