Agenda and draft minutes

Lake Administration Committee - Friday, 2 July 2021 11.00 a.m.

Venue: Assembly Room, Kendal Town Hall, Kendal

Contact: Committee Services 

Items
No. Item

LA/1

Chairman

To elect a Chairman of the Committee for the ensuing year.

Minutes:

RESOLVED – That Councillor Kevin Holmes be elected as Chairman of the Committee for the ensuing year.

LA/2

Vice-Chairman

To elect a Vice-Chairman of the Committee for the ensuing year.

Minutes:

RESOLVED – That Councillor John Holmes be elected as Vice-Chairman of the Committee for the ensuing year.

LA/3

Minutes pdf icon PDF 285 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 22 January 2021.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 22 January 2021.

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 the following declaration of interest be noted:-

(1) Councillor Hughes declared an interest in agenda item 15 Encroachment Application Waterhead Marina.

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 item 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 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/8

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.

LA/9

Financial Report Update on Commercial Leases and Annual Encroachments

To update Members on Commercial Leases and Annual Encroachments.

Minutes:

-     Paragraph 1,2,3,5 - Information relating to any individual.

-     Information which is likely to reveal the identity of an individual.

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

-     Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

The Legal Governance and Democracy Specialist (Solicitor) presented the financial report which provided Members with an update regarding commercial leases and annual encroachments around the Lake and the current position in relation to non-payment of rents and fees.

RESOLVED – That the report be noted.

LA/10

Re-admission of Press and Public

Minutes:

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

LA/11

Progress Report

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

Minutes:

Members gave consideration to a report which provided an update on progress being made on decisions taken at previous meetings of the Committee.

The Operational Lead (Delivery and Commercial Services) noted updates to the Windermere Lake Action Plan in light of the ongoing COVID-19 Pandemic.

A suggestion was raised for the need to achieve a Green Agenda for the Lake in order to assure the best safety and quality of water for the Lake and those who use it.

RESOLVED – That the report be noted.

LA/12

Appointment to Outside Bodies 2021/22 pdf icon PDF 256 KB

To consider verbal updates from Members appointed to serve on outside bodies during 2019/2021 and to nominate representatives to serve on outside bodies for the forthcoming year, 2021/22.

Minutes:

The Legal Governance and Democracy Specialist (Solicitor) introduced the report. The Committee gave consideration to a report on the work of the Windermere Lake Action Plan Steering Group during 2020/21 and seeking nominations for representatives to serve on both that Steering Group and the Windermere Ferry Advisory Committee for the forthcoming year.

 

RESOLVED – That the following appointments of representatives to serve on outside bodies for 2021/22 be made:-

 

Organisation

Representative

 

Windermere Lake Action Plan Steering Group

 

Councillor Ian Wharton (South Lakeland District Council)

Councillor Doug Rathbone (South Lakeland District Council)

Councillor Paul William Wileman (Lakes Parish Council)

Councillor Peter Hamilton (Windermere Town Council)

 

Windermere Ferry Advisory Committee

 

Councillor Ian Wharton

 

LA/13

Policy for New Encroachments pdf icon PDF 128 KB

To consider the policy as set out in Section 3, to provide officers and applicants with clarity around encroachment applications where applicants have outstanding debts or are failing to meet with lease conditions

Additional documents:

Minutes:

The Operational Lead for Delivery and Commercial Services presented a report seeking approval for a policy for new encroachment allowing Officers to not progress or present applications for new encroachments to the Lake Administration Committee for determination until all debts owed to the Council by the Applicant have been paid and confirmation that the Applicant is complying with all lease/Licence conditions.

The Operational Lead for Delivery and Commercial Services responded to questions raised by Members.

RESOLVED – That the policy as set out in Section 3 of the report be approved to provide officers and applicants with clarity around encroachment applications where applicants have outstanding debts or are failing to meet with lease conditions.

LA/14

Installation of a balcony at Blackwell Boathouse Storrs Park Windermere pdf icon PDF 126 KB

To consider an application to install a new balcony at Blackwell Boathouse, Storrs Park, Windermere.

Additional documents:

Minutes:

The Service Delivery Manager presented a report outlining an application seeking approval for the construction of a new projecting balcony at Blackwell Boathouse, Windermere. The application sought to install a new balcony consisting of a cantilever steel frame with timber deck and joists and timer balustrade with an overall encroachment of 9.57m2 approx. The report included the Applicant’s confirmation of the approved planning consent by The Lake District National Park Authority and stated that approval from the Environment Agency had also been sought.

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 balcony as outlined in Appendix 1 of the report.

LA/15

Windermere Lake Wardens and Rangers Annual Report 2019/2020 pdf icon PDF 122 KB

To consider the Windermere Lake Wardens and Rangers Annual Report 2019/20.

Additional documents:

Minutes:

Note – Councillor Susanne Long left the meeting at 12.34 p.m.

The Service Delivery Manager presented a report which provided Members with the achievements and outcomes of the joint operational activities from 1st October 2019 to 30th September 2020.

RESOLVED – That the report be noted.

LA/16

Encroachment application to replace existing dilapidated jetty at Bucks Yeat Lodge Park, Newby Bridge pdf icon PDF 127 KB

To consider an application to replace the existing dilapidated jetty for a like for like new traditional wooden jetty at Bucks Yeat Lodge Park Newby Bridge.

 

Please also see Part II Appendix 6.

Additional documents:

Minutes:

The Service Delivery Manager presented a report which outlined an encroachment application to replace the existing dilapidated jetty for a like for like new traditional wooden jetty at Bucks Yeat Lodge Park Newby Bridge.

Members took issue with the wording “like for like” in the report, seeing as the proposed encroachment is to be larger than the existing jetty.

RESOLVED – That the application be deferred for officers to clarify the Policy wording, appreciating that this was required to be agreed by the Council and then to reassess this application once the clarification to the policy had been agreed provided.

LA/17

Encroachment Application Waterhead Marina pdf icon PDF 142 KB

To consider delegating authority to the Director of Customer and Commercial Services for the Encroachment Application Waterhead Marina.

 

Please also see Part II Appendix 8.

 

Additional documents:

Minutes:

Note – Councillor Hughes having declared her interest left the room while this item was considered.

The Service Delivery Manager presented a report which outlined an encroachment application to construct a new marina containing 47 berths. The jetties will be floating platoons and include up to 14 piles driven into the lakebed to secure the facility. The Service Delivery Manager responded to questions raised by Members. Several Councillors raised concerns regarding an increase of traffic, specifically on the A591, and hence the possibility of issues relating to the availability of parking. The Operational Lead for Delivery and Commercial Services highlighted the fact that the Lake Administration Committee was concerned solely with the Lake encroachment, not with other issues that might arise from the development, such as parking concerns.

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)  Construction of a new marina containing 47 berths at Waterhead.