Agenda and draft minutes

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 28 October 2022 (copy attached).

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Lake Administration Committee held on 28 October 2022.

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.

No declarations of interest were raised

A point of order was raised regarding the position of any Westmorland and Furness Shadow Authority Cabinet members attending the meeting. The Legal, Governance and Democracy Specialist (Deputy Monitoring Officer) informed Members that any Shadow Authority Cabinet members could act and decide on matters at the Lake Administration Committee.

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

The Legal, Governance and Democracy Specialist (Deputy Monitoring Officer) explained that, with the agreement of Members, Minute No. LA/48 (Encroachment to Extend the Existing Jetty with a Traditional Wooden Jetty at Land adjacent to Tarnedge, Lakeside, Windermere) could be dealt with in Part I of the Agenda, with the Committee voting to move into Part II prior to discussion taking place on any confidential legal aspects on the matter.  The Committee could then vote to move back into Part I to vote on and deliver the decision, prior to voting to move back into Part II to consider Minute No. LA/52 (Update on Commercial Leases and Annual Encroachments).

RESOLVED – That the items in Part II of the Agenda (Minute Nos. LA/48 and LA/52) be dealt with following the exclusion of the press and public, as detailed above, with initial discussion on Agenda Item No.10 being moved into Part I of the meeting.

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.

Three members of the public had registered to speak at the meeting, however only two people attended and spoke at the meeting.

Mr Grime addressed the Committee in relation to Minute No. LA/46 (Encroachment to Extend the Existing Jetty with a Traditional Wooden Jetty at land adjacent to Tarnedge, Lakeside Windermere.

Mrs Slater addressed the Committee in relation to Minute No. LA/46 (Encroachment to Extend the Existing Jetty with a Traditional Wooden Jetty at land adjacent to Tarnedge, Lakeside Windermere.

To consider the fees and charges for the Lake Services to be approved for the

2023/24 financial year.

The Finance Lead Specialist (Section 151 Officer) presented a report including proposals on Fees and Charges relating to Lake Services for the 2023/24 financial year.

Due to Local Government Reorganisation (LGR), fees and charges had been dealt with by the Fees and Charges LGR Workstream, which had been charged with budget setting for the new Westmorland and Furness Authority, as detailed within the report.  Fees relating to Lake Windermere would not be based on comparable services elsewhere in the Westmorland and Furness area, and the outcome of consideration by the Fees and Charges Workstream had been to recommend to the Lake Administration Committee the proposed increase in fees as set out within the Appendix to the report.

When considering the Fees and Charges, the Committee needed to take into account service demand, equity and value for money, as well as the Budget Strategy and Medium Term Financial Plan requirements of the future Westmorland and Furness Council.  The Committee was also required to ensure that the requirements of any Corporate Charging Policy had been followed.  Westmorland and Furness, however, did not currently have such a policy and so the latest policy of South Lakeland District Council had been applied.

The proposed increases in fees were due to current inflationary pressures, CPI at 10.7% and RPI around 14% at the time of writing the report.  The proposed 10% uplift reflected the inflationary pressures being experienced and, in order to ensure that additional running costs could be met, it was proposed to increase Fees and Charges on the Lake by 10% on all fees.  These were unprecedented times, with significant additional costs to the Authority, and that cost to the Council Tax payer had to be minimised.

An amendment to the recommendations was proposed by Councillor John Holmes and seconded by Councillor Pat Bell. Members felt that a 5% uplift was more appropriate than the recommended 10%.

In response to a query from Members the Finance Lead Specialist (Section 151 Officer) informed Members that Westmorland and Furness budget setting process had been followed, noting that the recommendations would have been the same had the Council not been going through the Local Government Reorganisation process.

Members discussed the recommendation set out in the agenda and expressed concern at the 10% uplift in fees, it was felt that no one could predict future inflation levels and the recommended uplift was unnecessarily high.

A point of order was raised by Councillor Hughes regarding speculation on inflation.

Members continued discussion on the item and noted that the proposed uplift was to ensure future service provision and that it was necessary to balance and manage budgets.

Debate on the proposed uplift and the proposed amendment was split, with Members feeling that on one hand the 10% increase would have a negative impact on locals as well as tourists paying to use the lake and on the other hand, that the increase was necessary to ensure the lake was well run and managed in the future. Members were  ...  view the full minutes text for item LA/42

To note the achievements and outcomes as detailed in the Windermere Lake

Warden and Lake Ranger Annual Report covering the joint operational activities

from 1st October 2021 to 30th September 2022.

The Service Delivery Manager presented the Windermere Lake Warden and Lake Ranger Annual Report which covered the joint operational activities from 1 October 2021 to 30 September 2022.  The report detailed the range of services delivered and the achievements undertaken, also providing an illustration of how and who had used the Lake during the period covered.  The report was structured into the topics used in the Lake District National Park Partnership Plan and Vision for the Lake District – a prosperous community, world class visitor experience, vibrant communities and spectacular landscape.

Members expressed their thanks to officers for the report and their continued hard work on the Lake. It was noted that the report was particularly impressive when taking into account the damage from Storm Arwen which had caused significant disruption across the Lake.

Discussion took place regarding water quality of the Lake, it was noted that United Utilities had held a presentation detailing the extent of the issues. The presentation provided information on the numerous sources of phosphates that entered the lake including from, Mains waste water systems, private septic tanks, large development, building houses and the conversion of boat houses into homes. Members expressed concern regarding ongoing discharges being left unchecked and hoped that the message would be passed on to the Westmorland and Furness Authority to follow it up.

The Director of Customer and Commercial Services informed Members of the Love Windermere Partnership Board (LWPB), which comprised a number of local organisations as well as key stakeholders and aimed to understand more about the issues with water quality and tackle ongoing discharges into the lake. He added that the Environment Agency had been key in leading on enforcement on package treatment plants and septic tanks as well as small historic plants. Members were informed of a public engagement event on 14 February at Brockhole and that the LWPB was a long term project to establish improvements in water quality in the Lake.

In response to a query regarding Parish involvement in the LWPB, the Director of Customer and Commercial Services noted that the Board was looking into an engagement group which would enable Parish involvement.

Following a question on the future of the Lake Administration Committee, the Legal, Governance and Democracy Specialist (Deputy Monitoring Officer) informed Members that the Committee would continue under the original Terms of Reference as set out in 1974.

RESOLVED – To note the content of the Windermere Lake Warden and Lake Ranger Annual Report 2021/2022.

To delegate authority for the sign-off of final set of committee minutes to the

Monitoring Officer in consultation with the Chair.

The Committee was asked to consider delegating authority for the sign-off of its final set of Committee minutes to the Monitoring Officer, in consultation with the Chair.

RESOLVED – That the Monitoring Officer, in consultation with the Chair, be authorised to sign-off the Committee’s final set of minutes.

To consider a verbal update on progress relating to decisions made at previous

meetings of the Committee, as at 3 February 2023.

The Service Delivery Manager informed Members that there was no update.

To consider an application to extend an existing concrete jetty with a traditional

wooden jetty with wooden piles giving a length of approximately 16.6m and 1m

width with an overall encroachment area of 16.6m. The jetty to be situated within

a confined area and between two existing jetties.

The Service Delivery Manager presented an encroachment application to extend the existing jetty with a traditional wooden jetty at land adjacent to Tarnedge, Lakeside, Windermere. Members’ attention was drawn to the two previous agenda items at the July and October 2022 Lake Administration Committee meetings which considered the item and had deferred it to allow officers to engage with the applicant and neighbours and discuss potential options.

Members were informed that discussions with the applicant had not led to any agreement which was the reason for the original application being brought back to committee.

A motion to move into Part II to further discuss the item and receive legal advice was proposed and seconded and it was

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.

The Committee considered the Encroachment Application and received advice from the Legal, Governance and Democracy Specialist (Deputy Monitoring Officer).

A motion to move back into Part I to vote on the item was proposed and seconded and it was

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

RESOLVED – That the application for an extension of the existing concrete jetty with a traditional wooden jetty at land adjacent to Tarnedge, Lakeside, Windermere be refused.

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.

To note an update on the commercial leases and annual encroachments around

Windermere Lake and the current position in relation to non-payments of rents

and fees.

The Legal, Governance and Democracy Specialist (Deputy Monitoring Officer) 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 update on commercial leases and annual encroachments be noted.