Agenda and draft minutes

Lake Administration Committee - Friday, 1 July 2022 11.00 a.m.

Venue: District Council Chamber, Kendal Town Hall, Kendal

Contact: Adam Moffatt  Legal, Governance and Democracy Specialist

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 Lake Administration 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 Lake Administration Committee for the ensuing year.

LA/3

Minutes pdf icon PDF 303 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 22 April 2022.

Minutes:

Following a proposal to accept the minutes of the last meeting, an objection to wording under Minute No. LA/41 was raised. Due to the fact that this item had been considered in Part II, it was proposed and seconded that the meeting move into Part II.

LA/4

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/5

Minutes

Minutes:

Members discussed the wording of the minutes under Minute No. LA/41 and felt that the wording was appropriate as written.

 

Following discussion it was proposed and seconded that the meeting move back into Part I.

LA/6

Re-Admission of Press and Public

Minutes:

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

LA/7

Minutes

Minutes:

The minutes of the last meeting were proposed and seconded as written and it was

 

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 22 April 2022.

LA/8

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 no declarations of interest were raised.

LA/9

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, Minute No. LA/59, be dealt with following the exclusion of the press and public.

LA/10

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/11

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 an application to speak under the Council’s Public Participation Scheme had been received in respect of Minute No. LA/55 (Encroachment Application to Extend the Existing Jetty with a Traditional Wooden Jetty at Land Adjacent to Tarnedge, Lakeside, Windermere).

LA/12

Progress Report

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

Minutes:

The Service Delivery Manager informed Members that there was no update on the progress made following the previous meeting.

LA/13

Windermere Lake Wardens and Rangers Annual Report 2020/2021 pdf icon PDF 123 KB

To consider the Windermere Lake Wardens and Rangers Annual Report 2020/2021.

Additional documents:

Minutes:

The Service Delivery Manager presented a report, which provided Members with the achievements and outcomes of the joint operational activities from 1October 2020 to 30 September 2021. He noted that although this period covered part of the pandemic, it had still been a busy period for the Lake District due to the relaxation of restrictions.

 

During discussion on the item, Members raised a query regarding the use of Seabins on the Lake to reduce the amount of litter, the Service Delivery Manager undertook to discuss this with the Environment Agency (EA)as this was not something the Council could resource.

 

Members queried the water quality rating by the EA as excellent due to conflicting reports. The Service Delivery Manager responded, informing members that the EA took a number of samples throughout the year, the sole purpose of which was to monitor the quality for bathing. He added that although the current rating had been excellent, the 2022/23 results may change this rating.

 

Following a question regarding the Council’s public liability for the water quality in the Lake, the Legal, Governance and Democracy Specialist undertook to provide a written response.

 

Members noted the lower number of incidents on the Lake and thanked officers for their hard work to reduce the amount of safety issues in what had been a busy period for the area.

 

Members raised a number of queries regarding water quality, mainly relating to sewage in the Lake, the use of sea toilets and the holding tanks on boats. The Service Delivery Manager referred to the training session, which had taken place prior to the meeting, noting that these matters would have to be discussed with Stakeholders, the EA and landowners. He added that there were some exceptions for boats using holding tanks.

 

Members felt it would be a good idea to invite United Utilities (UU) to a future meeting in order to discuss the water quality, it was suggested that the Overview and Scrutiny Committee could add consider adding this to the Work Programme.

 

RESOLVED – That the report and appendix be noted.

LA/14

Encroachment Application to Extend the Existing Jetty with a Traditional Wooden Jetty at Land Adjacent to Tarnedge Lakeside Windermere pdf icon PDF 134 KB

To consider an encroachment to extend the existing concrete jetty with traditional wooden jetty at land adjacent to Tarnedge, Lakeside, Windermere.

 

Additional documents:

Minutes:

The Service Delivery Manager presented an encroachment application regarding an extension to the existing jetty with a traditional wooden jetty at land adjacent to Tarnedge, Lakeside, Windermere. The report set out proposals to extend the existing concrete jetty with a traditional wooden jetty, using wooden piles giving an overall length of encroachment of 16.6 metres and width of 1 metre. Furthermore, the jetty was situated within a confined area and between two existing jetties.

 

The report noted concerns raised by the applicants, that boats had been berthing on the existing jetties North and South, therefore reducing access and egress which had resulted on occasion in an obstruction to their jetty, the installation of the proposed extension would give unfettered access and egress for the applicants.

 

The Service Delivery Manager informed members of a number of objections which had been received as part of the planning process with regards to the limited space and close proximity to other jetties. He added that the application had no impact on Arctic Char Spawning in the lake with spawning occurring on the lake bed in water 15 to 30 metres deep and that both Lake District National Park Authority (LDNPA) and Environment agency approvals attached as appendices to the report.

 

The Chairman invited Mrs Slater, the applicant, to address the Lake Administration Committee. The applicant spoke in support of the application and provided background and reasons for the application.

 

Following discussion on the item, members proposed and seconded that the meeting move into Part II to discuss the application in more detail.

LA/15

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 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/16

Encroachment Application to Extend the Existing Jetty with a Traditional Wooden Jetty at Land Adjacent to Tarnedge Lakeside Windermere

Minutes:

Members discussed the application in detail and received advice from the Legal, Governance and Democracy Specialist (Solicitor) and Service Delivery Manager.

 

Following discussion on the item it was proposed and seconded to move back into Part I to continue the debate.

LA/17

Re-Admission of Press and Public

Minutes:

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

LA/18

Encroachment Application to Extend the Existing Jetty with a Traditional Wooden Jetty at Land Adjacent to Tarnedge Lakeside Windermere

Minutes:

The Legal, Governance and Democracy Specialist (Solicitor) reminded members that a proposal to accept the recommendations set out in the report had been seconded and it was

 

RESOLVED – That the Director of Customer and Commercial Services be delegated authority to defer the following decision until officers were able to consider the legal impactions:-

 

(1)        Extension of the existing concrete jetty with a traditional wooden jetty.

 

 

LA/19

Encroachment Application to Construct a New Boat House with Jetty at Herons Croft Bellman Landing Windermere pdf icon PDF 129 KB

To consider an encroachment application to construct a new boathouse with wetdock and replace the existing wooden jetty at Herons Croft Bellman landing Windermere.

Additional documents:

Minutes:

The Service Delivery Manager presented an encroachment application at Herons Croft Bellman Landing, Windermere. The report set out the proposals to construct a new boathouse with glass balustrade balcony and wet dock which would cover an area of 54 metres2. In addition, the application sought permission to replace the existing jetty to cover an area of 33.3 metres2,which would be subject to a survey upon completion.

 

The report highlighted the dredging, which would be carried out covering an area of 90 metres2 to a depth of 1 metre. A silt curtain would be used around the perimeter to ensure that all material would be able to settle back within the location with dredged material being drained on site before removal, creating no negative impact on the Arctic Char spawning ground.

 

The Service Delivery Manager confirmed that the Lake District National Park Authority had approved the application as the planning authority and the Environment Agency had provided their approval, both of which were set out in the appendices to the report.

 

During discussion on the item, Members questioned why the Lake Administration Committee had not had input on the whole application. The Service Delivery Manager confirmed that the Council had been part of the consultation process of the planning authority and that the application concerned with the encroachment on the lake bed and that the proposed balcony fell within the Council’s ownership.

 

RESOLVED – That the Director of Customer and Commercial Services be delegated authority to grant permission, subject to the completion of a new private encroachment agreement for :-

 

(1)        construction of a new boathouse;

 

(2)        replacement of the existing Jetty; and

 

(3)        associated dredging.

LA/20

Encroachment Application to Replace and Extend the Timber Jetty at Brunton Storrs Park Windermere pdf icon PDF 128 KB

To consider an encroachment application to replace and extend the traditional timber jetty by 3.4m and carry out associated dredging at Brunton Storrs Park, Windermere.

Additional documents:

Minutes:

The Service Delivery Manager presented an Encroachment Application to remove the existing jetty at Brunton, Storrs Park. Proposals for the replacement jetty included an extension of 3.4 metres to match an existing jetty, with the overall encroachment being 15.8 metres2. The replacement jetty would be of wooden construction and piles would be treated with a water based wood preservative

 

The application provided details of the associated dredging to cover an area of 112 metres2 with any dredged material being left close to the lake shore for 24 hours to allow any organisms to return to the lake. The report noted the spawning period of Arctic Char, which occurred both in Autumn and Spring with peak spawning numbers in November and mid-February on the lake bed at depths of 15 – 30 metres.

 

The Service Delivery Manager added that the application had provided confirmation of the approved planning consent by the Lake District National Park (LDNPA) and the Environment Agency (EA) approval.

 

Members discussed the application and noted the impact of extending jetties on the lake, and suggested a policy to control the impact of extensions to jetties. The Service Delivery Manager informed Members that the dredging associated with extending jetties did have an impact on the lake which would be highlighted in future reports.

 

Further discussion raised a query regarding the size of boats on the lake. The Service Delivery Manager informed Members that boats up to 14 metres2 were able to go on the lake and that any applications for boats above this size, would be brought to the Lake Administration Committee for consideration.

 

Members emphasised their wish to monitor the impact of extending jetties and the associated dredging on the lake in order to take care of the lake for future generations.

 

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

 

(1)        Removal of the existing timer jetty;

 

(2)        Replacement of jetty to match existing with extension of 3.4 metres; and

 

(3)        Carry out associated dredging.

 

 

LA/21

Urgent Items pdf icon PDF 257 KB

To consider urgent items, if any.

Additional documents:

Minutes:

The Legal, Governance and Democracy Specialist introduced the late item regarding Appointments to Outside Bodies. The report had been published on the website alongside the agenda and circulated to members in advance of the meeting.

 

The Committee gave consideration to a report on the work of the Windermere Lake Action Plan Steering Group during 2021/22 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 2022/23 be made:-

 

Organisation

Representative

Windermere Lake Action Plan Steering Group

Councillor Gill Gardner (South Lakeland District Council)

 

Councillor Dyan Jones (South Lakeland District Council)

 

Councillor Paul Wileman (Lakes Parish Council)

 

Councillor Kate Tripp (Windermere and Bowness Town Council)

 

 

Windermere Ferry Advisory Committee

Councillor Vicky Hughes (South Lakeland District Council)

 

LA/22

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 itinvolves 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.

LA/23

Update on Commercial Leases and Annual Encroachments

To update Members on Commercial Leases and Annual Encroachments.

Minutes:

The Legal, Governance and Democracy Specialist presented a report, which provided Members with an update regarding commercial leases and annual encroachments around the Lake.

 

Members discussed the contents of the report, raised a number of queries and thanked officers for their hard work.

 

RESOLVED – That the report be noted.