Agenda and minutes

Overview and Scrutiny Committee - Friday, 15 September 2017 11.00 a.m.

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

Contact: Jason Habbershon 

No. Item


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.


RESOLVED – That it be noted that no declarations of interest were raised.


Declaration of the Party Whip

In accordance with Rule 17 of the Overview and Scrutiny Procedure Rules, any Member who is subject to a party whip on any item must declare the existence and nature of the whip.


RESOLVED – That it be noted that no declarations of the party whip were raised.


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.


RESOLVED – That it be noted that there are no excluded items on the agenda.


Public Participation

After the Overview and Scrutiny Committee has discussed an item on the agenda, but before a decision is taken, there is an opportunity for those present at the meeting who are not Committee Members to ask questions.


More information can be found on the South Lakeland District Council website, , or by contacting Committee Services on 01539 733333.


In accordance with the Overview and Scrutiny Committee’s Public Participation Scheme, the following individuals asked questions during the consideration of O&S/28 below “Call-in of Executive Decision Numbers CEX 38/39”:-


·         Councillor Roger Bingham

·         Councillor David Evans

·         Mr A Milliard

·         Mr S Thomas

·         Mr P Spratt

·         Mr A Lucas

·         Mr J Gooding

·         Mr P Hordijon

·         Councillor Joss Curwen

·         Councillor Ben Berry

·         Mr N Thompson


Call-in of Executive Decision Number CEX 38/39 pdf icon PDF 177 KB

To consider a request for the call-in of Cabinet Executive Decisions CEX/38 and CEX/39 relating to New Road – Common Land and vision for landscaping.

Additional documents:


At its meeting on 30 August 2017, Cabinet had considered a report regarding New Road, Common Land, and Executive Decisions were taken in relation to this matter. In accordance with paragraph 16(c) of the Overview and Scrutiny Procedure Rules a request to call in the decisions at CEX/38 and CEX/39 had been made by Councillors David Williams, James Airey and Kevin Lancaster. The reasons for calling in the decisions were as follows:-


·         CEX/38 New Road – Common Land

Reason given for call-in: The decision is of such great importance and in view of the new evidence including the new unpublished health and safety report, it should be considered by full Council.


·         CEX/39 New Road – Common Land – Vision for landscaping

Reason given for call-in: The spend is significant and was not included in the budget and should be closely scrutinised. In addition concern has been raised about the sustainability and suitability of Gooseholme as a site for the fair and this needs closer scrutiny.


The three Members who had called in the decisions were asked to expand upon their reasons for call-in.


Councillor James Airey emphasised the lack of prior consultation, and highlighted the negative public response that had arisen following the decision being made. Although recent discussions with Taylor’s Funfair had been described as being positive, Mrs Taylor had explained that this was not the case at a recent public meeting. Councillor Airey referred to the opinion provided by Mr Tim Leader, Barrister, and explained that he had received separate advice from a common land lawyer who had provided a very different opinion. He question why the public should have to pay to build a new free car park when a site was already being used for this purpose. Councillor Airey concluded by stating that he had seen neither a report from the Council’s insurers nor the reports from auditors.


Councillor Kevin Lancaster made reference to his previous experience with regard to common land. He suggested that referring the decision to full Council would enable an opportunity for case law and other legislative concerns to be fully explored. Councillor Lancaster questioned why those calling in the decisions had not been provided independent legal advice.


Councillor David Williams drew attention to the history of the New Road site, and explained that the matter had first been reported to Council in 2008 with the same legal advice that was now being presented. He queried what had changed since that report, and why nothing had been done until now. Councillor Williams suggested that the site should be deregistered for use as a free car park. He further explained that he had spoken to the operators of Taylor’s Funfair and that they had indicated that they were not happy to move the funfair to Gooseholme and would not relinquish their right to use the land at New Road. In concluding his comments, Councillor Williams highlighted the number of members of the public that had attended the recent public meetings to express their  ...  view the full minutes text for item O&S/28