Venue: District Council Chamber, South Lakeland House, Kendal
Contact: Adam Moffatt Legal, Governance and Democracy Specialist
To authorise the Chairman to sign, as a correct record, the Executive Decisions made by Cabinet on 8 March 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 March 2023.
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.
No declarations of interest were raised under this item.
Local Government Act 1972 - Excluded Items
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 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.
Mr William Woods addressed Cabinet in relation to Minute No. CEX/111 (Affordable Housing Grant for Yewbarrow Lodge).
Mr Woods expressed support for the Council’s aims to provide much needed housing but wished to raise concerns relating to payment of £510,000 to South Lakes Housing to demolish Yewbarrow to prepare the site for low-cost housing.
Mr Woods noted that no planning permission had been submitted or granted and that the report was incorrect to state that seventeen units would be built which was dependent on planning permission. He added that it was reckless to assume that the new council’s Planning Committee would approve the proposed plans as there was very strong local opposition to the design and that the proposals were contrary to the approved Neighbourhood Plan design brief.
Mr Woods informed Members that South Lakes Housing should use their own funds if they wished to demolish Yewbarrow and only following planning permission being granted should they be able to apply for an affordable housing grant. He referred to the reason for waiving call-in stated in the report and felt that there had been plenty of time to submit this report to any of the previous three Cabinet meetings held in 2023. He expressed concern at the lack of future scrutiny on this decision as a result.
Following Mr Woods’ address to Cabinet, Officers undertook to provide a written response by close of business on Friday, 31st March 2023. The written response would be published on the Council’s Website alongside the minutes of the meeting.
To note the contents of the latest Forward Plan, published on 7 February 2023.
In response to a query regarding items on the Forward Plan, the Director of Customer and Commercial Services informed Members that matters that had not been concluded by South Lakeland District Council, were being considered by the Westmorland and Furness Council and would be added to the Forward Plan when the new authority considered appropriate.
RESOLVED - That the contents of the Forward Plan published on 7 February 2023 be noted.
To consider the extension of the current contract for the provision of excellent collection services for bulky household waste for up to five years.
Please also see the Part II Appendix to this report.
Note - The agreement of the Chairman of the council had been sought that, due to urgency of this decision the matter be exempt from Call In and be reported to the next Council meeting under paragraph 16(j) of the Overview and Scrutiny Rules within Part 4 of the Constitution.
The decision being taken is urgent because the present contract expires on 31 March 2023 – the contract includes an optional extension period, which is recommended for the reasons set out in the report. Any delay with implementing the proposed decision would prejudice the Council’s ability to conclude the contract prior to 31 March. Extending the contract will enable continued service provision beyond 31 March 2023. Furthermore, as a result of local government reorganisation in Cumbria and pursuant to The Cumbria (Structural Changes) Order 2022, SLDC will be dissolved on 01 April 2023 prior to the expiration of the call-in period and so in all the circumstances it is in the council’s interest for call in to be waived.
The Customer and Commercial Services Portfolio Holder presented the report on Bulky Household Waste Collection Services Contract. The report set out the proposal to extend the current contract for up to five years, as set out in the 2018 agreement. It was anticipated that the proposal would facilitate the provision of excellent collection services for bulky household waste through the extension of the contract to the existing service provider. The Council was required to provide service for the collection of bulky household waste and a tendering opportunity was advertised in 2018, the contract signed at that time had an option to extend for a further five year period from 2023 to 2028.
The report set out full details and commercial information in the Part II Appendix and highlighted that consultation had taken place with the provider as well as with the appropriate Waste Workstream and the relevant Theme Board within the Local Government Reorganisation programme.
Members expressed support for the proposal and felt that the extension of the contract would give the service provider an opportunity to show good service and achievement.
RESOLVED – That:-
(1) An extension of the current contract be approved, as detailed within the Part II appendix to the report, for a period of two plus three years; 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 agreement on behalf of the Council.
Reasons for Decision
The Decision relates to the Council Plan Priorities for:-
- Working across boundaries – Providing training opportunities through delivery of this service;
- A fairer South Lakeland – Supporting people with disabilities through right to work; and
- Addressing the climate emergency – Reduction of waste through re-use and recycling.
Alternative Options Considered and Rejected
Not to agree an extension period. This is not recommended as the contract has delivered good levels of performance ... view the full minutes text for item CEX/110
To consider an affordable housing grant to subsidise the extensive and complex range of demolition and enabling works required to bring the site at Yewbarrow Lodge in Grange over Sands forward for development.
Please also see the Part II Appendices to the report.
Note – The agreement of the Chairman of the council had been received that due to urgency of this decision the matter be exempt from Call In and be reported to the next Council meeting. This is under paragraph 16(j) of the Overview and Scrutiny Rules within Part 4 of the Constitution. The decision being taken is urgent because this report was to be presented to earlier Cabinet meetings, but due to the recent introduction of the new legislation, Subsidy Control Act 2022 which required this proposed grant to be reviewed in accordance with this Act together with SLH having to re-draft one of their supporting documents, this has delayed/prevented it from being presented to the last scheduled Cabinet Meeting of SLDC. Furthermore, as a result of local government reorganisation in Cumbria and pursuant to The Cumbria (Structural Changes) Order 2022, SLDC will be dissolved on 01 April 2023 prior to the expiration of the call-in period and so in all the circumstances it is in the council’s interest for call in to be waived.
The Leader and Promoting South Lakeland and Innovation Portfolio Holder presented a report, which set out proposals for an affordable housing grant for Yewbarrow Lodge. The report outlined plans to deliver a 100% affordable housing scheme, building seventeen new affordable homes by demolishing the existing building which was considered as the most favourable option for the site. The proposed new homes would provide good quality, affordable accommodation which exceeded the Nationally Described Space Standards and would provide safe, warm and healthy living environments for new tenants and shared owners. The proposals had the ambition for the properties to be EPC A rated which aligned with current Building Regulations of no gas boilers by 2025 and net zero by 20250.
South Lakes Housing sought an affordable housing grant of £510,000 to subsidise the extensive and complex range of demolition and enabling works required to bring the site at Yewbarrow Lodge forward for development. Full details of the grant application form, financial summary and market research were set out in the Part II Appendices to the report.
The funding would be met through capital receipts from sales under the preserved Right to Buy (RTB). The Council considered that the present case merited a departure from the Council’s Right to Buy Replacement Scheme Affordable Housing Grants Policy, to enable both Council and Homes England funding for the same project. The case merited a departure from the policy because the development of much-needed sustainable and affordable housing would be of social, economic and environmental benefit both to the immediate locality and surrounding areas.
Councillor John Holmes (Shadow Finance and Assets Portfolio Holder) noted that the site was well suited to the proposals set out in the report and that demolition was the best option for the site. He made passing reference to his term as Executive Director on the South Lakes Housing Board and confirmed that his term of office had ended three years ago and that he ... view the full minutes text for item CEX/111
Final South Lakeland District Council Cabinet Meeting
To delegate authority for the sign-off of final set of Cabinet minutes to the Monitoring Officer in consultation with the Leader.
The Leader and Promoting South Lakeland and Innovation Portfolio Holder noted that as it was the final meeting of the Cabinet, there was a need to delegate authority to the Legal, Governance and Democracy Lead Specialist (Monitoring Officer), to sign off the final set of Cabinet minutes in consultation with the Leader. Members were informed that a copy of the minutes would be circulated to Cabinet Members for comment prior to any final sign off.
RESOLVED – That authority be delegated, to the Legal, Governance and Democracy Lead Specialist (Monitoring Officer), in consultation with the Leader and Promoting South Lakeland and Innovation Portfolio Holder for the sign-off of the final set of Cabinet minutes.
To consider any Urgent Items.
There were no urgent items.
The Leader and Promoting South Lakeland and Innovation Portfolio Holder took the opportunity to thank Cabinet, Shadow Cabinet, and the Leader of the Labour group as well as officers for their work and contributions at South Lakeland District Council’s Cabinet meetings. He noted that the work done had contributed to the success of the Council and had delivered significant and positive outcomes over many years.