Agenda and minutes

Lake Administration Committee - Friday, 30 June 2017 11.00 a.m.

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

Contact: Paul Rogers 

Items
No. Item

LA/1

Chairman

To elect a Chairman for the ensuing year.

Minutes:

RESOLVED – That Councillor Sue Sanderson be re-elected as Chairman of the Committee for the ensuing year.

LA/2

Vice-Chairman

To elect a Vice-Chairman for the ensuing year.

Minutes:

RESOLVED – That Councillor Brenda Gray be re-elected as Vice-Chairman of the Committee for the ensuing year.

LA/3

Minutes pdf icon PDF 187 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 7 April 2017 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 7 April 2017.

LA/4

Declarations of Interest

To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda.

 

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.

LA/5

Terms of Reference pdf icon PDF 238 KB

(a)        To note the following Terms of Reference for the Lake Administration Committee in accordance with the Council’s constitution:-

 

‘The functions of the Council in relation to the management of land at Lake Windermere pursuant to an agreement dated 1 April 1975 between the Council, Windermere Parish Council and Lakes Parish Council as set out in Regulations 2(10) of the Functions Regulations’.

 

(b)        To note the Agreement for the constitution of the Lake Administration Committee as agreed in 1975.

Minutes:

RESOLVED – That the Terms of Reference and the Agreement for the Constitution of the Lake Administration Committee be noted.

LA/6

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:

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

LA/7

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 before the commencement of 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 Democratic and Electoral Services Manager on 01539 717440.

 

(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:

RESOLVED – That it be noted that no questions, representations, deputations or petitions have been received in respect of this meeting.

LA/8

Windermere Lake Users Forum pdf icon PDF 403 KB

To receive a report from the Chair of the Lake Users Forum.

Minutes:

Carole Shaw, Chairman of the Windermere Lake User Forum (WLUF), outlined the concerns, both for the Lake and its users, raised by lake users with representatives of the WLUF. Some of the concerns were in response to new proposals, while some were repeated comments from previous years.

 

Ms Shaw drew attention to a perceived lack of investment to meet the identified needs of boat users and explained that although investment in public transport had clearly taken place, not enough had been done to provide boat users with shore access at main visitor destinations. She noted that the proposed Windermere Lake Action Plan recognised this, but felt that there was no action set out which would address the issue. Ms Shaw explained that, in many cases, the requirements to make the lakeshore more accessible to boat users would not be excessive.

 

Referring to a lack of progress on collaborative working regarding the provision of “destinations” for lake users, Ms Shaw explained that there was a need for partnership working between South Lakeland District Council, the Lake District National Park Authority and the WLUF to identify sites, to negotiate with organisations such as hotels who would be willing to allow use of their jetties, and to produce a printed leaflet for lake users to take advantage of. She proposed that such a leaflet could be sold for a nominal sum, as is currently the case with local cycle maps, to ensure that they were available for lake users.

 

Regarding the removal of issues from the Windermere Strategy, Ms Shaw drew particular attention to concerns regarding water quality at Cockshott Point, highlighting that WLUF was the only body repeatedly calling for the site to become a designated bathing area. She also highlighted concerns regarding phosphate pollution in the northern Lake rising. Water level concerns, and how these would be affected by the proposed dredging referred to within United Utilities’ 2017 Drought Plan, and the proposals for water trading in the future.

 

Windermere Town Councillor Peter Jewell suggested that the increased phosphate levels in the north of the Lake could be related to conservation grazing in the area. He undertook to provide both the WLUF, and the Lake Administration Committee, with a copy of a paper he had authored on the subject.

 

Members suggested that there could be other or additional routes, such as task and finish groups, that WLUF could use to address their concerns. Ms Shaw explained that this had previously been attempted with a working group on the provision of new public jetties, but that the group had been dissolved before it had concluded its work.

 

Following a request, Ms Shaw provided further information on the WLUF. She confirmed that minutes of formal WLUF meetings were currently circulated to the Lake Administration Committee, and agreed that the minutes of WLUF’s informal meetings would also be circulated in the future.

 

Members recognised that the usage of the Lake had changed.

 

A discussion took place regarding the reference made within Ms Shaw’s report  ...  view the full minutes text for item LA/8

LA/9

Progress Report pdf icon PDF 9 KB

To receive a progress report from previous meetings of the Committee.

Minutes:

The Director People and Places presented a report updating Members on progress made on decisions taken at previous meetings of the Committee, with particular focus on the developments regarding the Windermere Lake Action Plan.

 

RESOLVED – That the report be noted.

LA/10

Delegation of Authority to Approve Lease Terms pdf icon PDF 161 KB

To consider delegating authority to the Director People and Places to determine the length of encroachment leases.

Minutes:

The Director People and Places presented a report which had been produced following a discussion which had taken place at the Committee’s last meeting in April 2017. The report set out an opportunity for the Lake Administration Committee to delegate authority to the Director People and Places to determine the length of encroachment leases.

 

The Council’s property services provider, Lambert Smith Hampton (LSH), had existing delegated authority to negotiate and agree terms for leases for a period of up to nine years. However, the option of a longer term could be used by LSH as part of the negotiating position on the overall terms of a lease. In cases where LSH was aware of the requirement for a longer-term lease at the time of seeking the Lake Administration Committee’s approval for the encroachment, the report would carry a specific recommendation for approval of the longer term lease. However, it had usually been the case that the full detail of commercially negotiated terms was not known at the time of securing committee approval for the encroachment. Where, during subsequent negotiation, the agreement would be beneficial to be in excess of the delegated authority limit of nine years, the proposal would currently have to be referred for committee approval, which could delay the conclusion of the agreement by up to three months.

 

It was being recommended that the Director People and Places be delegated authority to agree a lease of up to a maximum term of 25 years, based on the advice of LSH and the Solicitor to the Council. This would provide for a separate decision maker when considering a term longer than the nine years.

 

In all cases of a new encroachment, or a renewal with substantial changes, the approval of the encroachment would continue to be referred to the Committee for decision.  The Lake Administration Committee would continue to determine leases with a term in excess of 25 years.

 

Should the recommended delegation be approved, cases where the Director People and Places had exercised the proposed authority would be reported to the following meeting of the Lake Administration Committee to note.

 

In response to queries, the Solicitor to the Council provided clarification regarding the nature of longer-term leases and the protection available to the Council should a property subject to such a lease change its ownership in the future.

 

The Director People and Places confirmed that the proposed delegation would cover leases between ten and 25 years in length, and not nine to 25 years as indicated in the report.

 

RESOLVED – That the Director People and Places be delegated authority to determine the length of encroachment leases as described within paragraphs 3.5 to 3.9 of the report, subject to the clarification regarding the period covered being between ten and 25 years as set out above.

LA/11

Appointments to Outside Bodies 2017-18 pdf icon PDF 34 KB

To consider annual reports from Members appointed to serve on outside bodies during 2016/17 and to nominate representatives to serve on outside bodies for the forthcoming year, 2017/18.

Additional documents:

Minutes:

The Director People and Places introduced a report which requested the nominations for Members to act as representatives to the Windermere Lake Management Working Group, which was to replace the Windermere Management Strategy Working Group following its dissolution. He explained that, subject to the adoption of the Windermere Lake Action Plan 2017-22 in October 2017, it was being recommended that the Windermere Lake Management Group be appointed to enable the transition to a new Action Plan Delivery Group.

 

The Committee Services/Scrutiny Officer confirmed that the membership of the group would remain four district councillors (to include the Chairman and Vice-Chairman of the Lake Administration Committee), one co-opted member from Windermere Town Council and one co-opted member from Lakes Parish Council.

 

RESOLVED – That

 

(1)        the report on the work of the Windermere Management Strategy Joint Working Group for the period 2016/17 be noted; and

 

(2)        the following representatives be appointed to serve on the Windermere Lake Management Working Group/Action Plan Delivery Group for the forthcoming year:-

 

·         Sue Sanderson (Chairman of the Lake Administration Committee);

·         Brenda Gray (Vice-Chairman of the Lake Administration Committee);

·         Graham Vincent;

·         Phil Walker;

·         Leslie Johnson (Lakes Parish Council); and

·         Jennifer Borer (Windermere Town Council).

LA/12

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 items of business on the grounds that they 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 paragraphs indicated.

LA/13

Ferry Nab Update

To consider the latest Update with regard to Ferry Nab.

Minutes:

An update regarding the works at Ferry Nab, Windermere was presented by the Corporate Asset Manager.

 

Following discussion, it was

 

RESOLVED – That the report be noted.

LA/14

Update on Commercial Leases and Annual Encroachments

To update Members about commercial leases and annual encroachments around the Lake and the current position in relation to debt recovery actions.

Minutes:

The Solicitor to the Council presented a report which provided Members with an update on commercial leases and annual encroachments around the Lake and the current position in relation to debt recovery actions. The report also provided an update on the work of the Lake Administration Task and Finish Group and a proposal that this now be dissolved. Members felt that the work of the Task and Finish Group had been well conveyed, and that a final formal report would not be required.

 

Members expressed their thanks to the Solicitor to the Council for her work.

 

Members were also asked to consider the terms of the Lease to Lakeland Arts Trust in respect of the Steamboat Museum and the inclusion of a clause to permit sub-letting part of the premises.

 

RESOLVED – That

 

(1)        the report be noted;

 

(2)        the Director People and Places be authorised to approve the final terms of the Lease to Lakeland Arts Trust in respect of the Steamboat Museum to include provisions to permit the subletting of part as set out in paragraphs 5.1 to 5.4 of the report; and

 

(3)        that the Lake Administration Task and Finish Group, created on 5 June 2015 for the purpose of assisting with debt recovery matters, be dissolved.

LA/15

Re-Admission of Press and Public

Minutes:

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