Agenda and draft minutes

Lake Administration Committee - Friday, 2 October 2020 10.00 a.m.

Contact: Committee Services 

Link: View the live stream of the meeting here

Items
No. Item

LA/1

Chairman's Announcement

Minutes:

Following confirmation that the live stream of the meeting had commenced, the Chairman welcomed everyone to the virtual meeting of South Lakeland District Council’s Lake Administration Committee.

 

The Chairman referred to the new Government legislation allowing councils to conduct remote meetings and explained in detail to all taking part. He then invited Members and Co-optees of the Lake Administration Committee to introduce themselves, to advise whether they were taking part by video or audio and to confirm that they were able to see (where practicable) and hear all Members participating in the meeting.  All Members present, including the Chairman himself, having indicated that this was the case, he referred to officers present at the meeting who would introduce themselves when asked to address the meeting.

LA/2

Minutes pdf icon PDF 292 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 24 January 2020 (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 24 January 2020.

LA/3

Emergency Non-Executive Decisions pdf icon PDF 619 KB

To receive the following Emergency Non-Executive Decisions taken by the Chief

Executive in accordance with Part 3 of the Council’s Constitution 3. (B 1) (1.1)

and to note any spending outside any budgetary provision:-

 

a          013 02-09-20 Installation of a new traditional wooden jetty – High Cunsey Farm, Windermere

 

b          014 02-09-20 Installation of a new wooden jetty and three mooring posts – Townhead, Newby Bridge

Additional documents:

Minutes:

RESOLVED – That the Emergency Non-Executive Decisions made by the Chief Executive on 2 October 2020, be received.

LA/4

Declarations of Interest

To receive declarations by Members 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 Councillor Peter Hamilton (Windermere and Bowness Town Council) declared an interest in minute LA/47 Lake Windermere Fees and Charges 2021/22.

 

LA/5

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.

Minutes:

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

LA/6

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 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.

Minutes:

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

LA/7

Progress Report

To consider an update on progress relating to decisions made at previous meetings of the Committee.

Minutes:

The Operational Lead Delivery and Commercial Services provi­­ded a verbal update on progress made on decisions taken at previous meetings of the Committee. He informed Members that the ongoing COVID-19 pandemic had meant that the work of the Windermere Lake Action Plan Steering Group had been temporarily paused with attention turning to how to recover from the effects of the pandemic.

LA/8

Lake Windermere Fees and Charges 2021/22 pdf icon PDF 130 KB

To consider proposals for Fees and Charges relating to Windermere Lake from 1 April 2021 to 31 March 2022.

Additional documents:

Minutes:

Note – Councillor Peter Hamilton declared a pecuniary interest in this item by virtue of the fact he had a mooring on Lake Windermere and was a member of the Yacht Club and Windermere Boat Racing Club and was disconnected from the virtual meeting for the item.

 

The Operational Lead Delivery and Commercial Services presented a report which included proposals for Fees and Charges relating to Windermere Lake and the Lake Wardens Services for the upcoming year. He informed Members that the pandemic had brought uncertainty regarding people using the lake and the services provided. Despite this, the proposals sought to limit the increase in fees and charges whilst sustaining the Lake Income, and meet the Medium Term Financial Plan requirements of a 2% rise where practicable.

 

The fees covered six distinct areas, namely:-

 

·         permanent and holiday moorings;

·         yearly renewed encroachments (the commercial encroachment leases were outside the scope of the Fees and Charges);

·         ancillary services (including slipway, training, dinghy and winter storage);

·         marina berths;

·         licence fees; and

·         legal fees.

 

The Operational Lead Delivery and Commercial Services added that the proposed 2% increase to fees was fair and reasonable in an economically challenging period.

 

The Solicitor advised Members that legal fees were proposed to increase by more than 2%, this was because the legal team were proposing full cost recovery for services.

 

Discussion took place with regard to whether members of the public had requested concessions, the services and work that had continued throughout the pandemic and if the increase to legal fees was down to subsidies in the past or trying to recover full costs in the future.

 

Members wished to express their gratitude for the work done during the pandemic by the teams working on and around the lake to ensure the Council was still operating during a challenging time.

 

Members gave further consideration to the proposed increase in legal fees.  The Legal, Governance and Democracy Lead Special informed the committee that the proposed increase would ensure that legal fees would be proportionate to the work and time put into completing legal arrangements and agreements.

 

A motion to amend the wording of the officer recommendation was proposed. The amendment would limit the increase in legal fees to 50% for one year. The motion was seconded and a vote was taken on the motion, during which all Lake Administration Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item.

 

The motion was lost.

 

A motion to accept the officer recommendation was proposed and seconded and a vote was taken on the motion, during which all Lake Administration Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

 

RESOLVED – that the Lake Administration Committee;

 

(1) Approve the fees and charges as shown in Appendix 1 which shows an increase of 2% to most fees and charges where practical in line with CPI; and

 

(2) Approve legal charges with increases above 2% as  ...  view the full minutes text for item LA/8

LA/9

Encroachment Application - Installation of a new wooden jetty at High Wray Boathouse on Windermere pdf icon PDF 128 KB

To consider application to install a new wooden jetty and associated dredging at High Wray boathouse on Windermere.

Additional documents:

Minutes:

The Service Delivery Manager presented a report which outlined an encroachment application at High Wray Boathouse on Windermere. The application sought to install a new wooden jetty alongside associated dredging at High Wray Boathouse, a private boathouse, leased from The National Trust. He informed Members that the area where construction would take place was a Site of Special Scientific Interest (SSSI) and that construction had been prohibited between 1November and 31 December to protect Char spawning.

 

The Service Delivery Manager highlighted that the construction of the new jetty would be a traditional construction, with timber piles and that the applicant had provided confirmation of the approved planning consent by The Lake District National Park Authority with Environment Agency approval which has already been received.

 

RESOLVED – That the Lake Administration Committee, delegate the authority to the Director of Customer and Commercial Services to grant permission, subject to the completion of a new private encroachment agreement, for the following:-

 

(1) Installation of a new wooden jetty and associated dredging at High Wray.

LA/10

Encroachment Application - to install a new wooden jetty at The Bield, Cunsey on Windermere pdf icon PDF 127 KB

To consider an application to install a new wooden jetty at The Bield, Cunsey, on Windermere.

Additional documents:

Minutes:

The Service Delivery Manager presented a report which outlined an encroachment application at The Bield, Cunsey on Windermere. The application sought construct a new traditional wooden jetty at The Bield, Cunsey on Windermere at a private residence. He informed Members that the applicant had provided confirmation of the approved planning consent by The Lake District National Park Authority with Environment Agency approval also being received.

 

In response to a question raised regarding the existing jetty and its relevance to the application, the Service Delivery Manager confirmed that the new jetty would be an additional jetty.

 

RESOLVED – That the Lake Administration Committee delegate the authority to the Director of Customer and Commercial Services to grant permission, subject to the completion of a new private encroachment agreement, for the following:-

 

(1) Installation of a new wooden jetty at The Bield Cunsey

LA/11

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 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 paragraphs indicated.

 

Note – for the benefit of the public viewing the virtual meeting, the Chairman explained that the open session of the meeting would now close and the live stream would end. Members disconnected from the Part I live session and moved into the Part II private session.

 

LA/12

Update on commercial leases and annual encroachments

To update Members on commercial leases and annual encroachments.

Minutes:

The Solicitor presented a report which provided Members with an update regarding commercial leases and annual encroachments around the Lake.

 

RESOLVED – That the report be noted.