Agenda and draft minutes

Cabinet - Wednesday, 18 March 2020 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Inge Booth  Senior Committee Services Officer

Items
No. Item

CEX/92

Cabinet Executive Decisions pdf icon PDF 379 KB

To authorise the Chairman to sign, as a correct record, the Executive Decisions made by Cabinet on 5 February 2020.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 5 February 2020.

CEX/93

Delegated Executive Decisions pdf icon PDF 221 KB

To receive the Delegated Executive Decisions made by Portfolio Holders or Officers on 18 February 2020.

Minutes:

Attention was drawn to the date on which the Delegated Executive Decisions were made which was 30 January 2020 and not 18 February as shown on the Agenda front sheet.  The correct set of minutes had, however, been attached to the Agenda.

 

RESOLVED – That the Delegated Executive Decisions made by Portfolio Holders or Officers on 30 January 2020 be received.

CEX/94

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 no declarations of interest were raised.

CEX/95

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 it be noted that there are no Excluded Items on the Agenda.

CEX/96

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.

CEX/97

Forward Plan pdf icon PDF 64 KB

To note the contents of the Forward Plan published on 18 February 2020.

Minutes:

RESOLVED – That the contents of the Forward Plan published on 18 February be noted.

CEX/98

Carbon Reduction Target and Green Team Update pdf icon PDF 154 KB

To consider South Lakeland District Council’s Climate Change Policy and progress on the Climate Change Action Plan.

Additional documents:

Minutes:

Summary

 

The Climate Emergency and Localism Portfolio Holder referred to South Lakeland District Council having declared a Climate Emergency in February 2019.  At the same time, it had adopted a Climate Change Policy setting out a strategic approach to reducing the Carbon footprint both of the District Council and of the District as a whole.  An Action Plan had been prepared containing a series of measures to guide implementation of the Policy.  At the same time, three series of climate conversations had been held and the feedback from these had fed into various iterations of the Action Plan.

 

The Council Plan adopted in December 2019 set a strategic priority of meeting the challenge of Climate Change as well as a number of actions, details of which were included in the report and outlined under “Reasons for Decision” below.

 

In March 2019, the Council, along with all other Cumbrian authorities and the National Parks, had adopted the Cumbria Public Health Strategy.  That Strategy included a key aim of becoming a “carbon neutral” county and to mitigate the likely impact of existing climate change.

 

In response to the above, the Director of Public Health had convened a Climate Change Working Group on which were represented all Cumbrian Local Authorities and National Park Authorities, representatives of the business community, environmental groups and statutory undertakers.  That group had been tasked with identifying a deliverable carbon reduction target for the County and priority actions for delivery.

 

The Climate Change working group had commissioned a study to identify the County’s current carbon footprint and recommend appropriate targets. This report was still being finalised.  Early indications were, however, that, if a consumption based approach was adopted, which looked not just at emissions from energy consumption but also at embedded emissions in goods purchased and food consumed by residents and visitors, a 2030 target was unachievable for the County as a whole.  A 2037 target was ambitious but achievable and targets of 2040 and 2045 would be more achievable, but harder to justify in terms of meeting national targets and addressing the issue with sufficient urgency.

 

Meeting the 2037 target would require major technological change, behavioural change, land-use change and resource for delivery, much of which would be outside the direct influence of South Lakeland District Council.  Meeting the target would require very substantial reductions in the use of gas, oil and solid fuel heating, electricity to be substantially decarbonised, substantial increases in carbon absorption through land management, major improvements to energy efficiency in buildings, and the phasing out of petrol and diesel vehicles.

 

In setting a carbon target, there were issues which needed to be scoped out.  South Lakeland and Cumbria could have little influence on emissions from through traffic on the M6.  Similarly, the footprint of international air travel for visitors to Cumbria was difficult to attribute or quantify directly.

 

The engagement of local and national partners would  be critical.  Much remained to be done to understand the full implications of meeting the target and to  ...  view the full minutes text for item CEX/98

CEX/99

Introduction of Public Space Protection Order for Staveley with Ings Parish Council pdf icon PDF 134 KB

To consider the introduction of a Public Space Protection Order on Parish Council owned land at Staveley Playground.

 

Additional documents:

Minutes:

Summary

 

The Customer and Commercial Services and People Portfolio Holder presented a report seeking the introduction of a Public Space Protection Order (PSPO) on Parish Council-owned land at Staveley Playground.  The PSPO would focus on the control of dogs.  A consultation process had established that there was support to introduce a PSPO for dog control.

 

The Customer and Commercial Services and People Portfolio Holder drew attention to an earlier decision made by Cabinet on 11 September 2019 (CEX/44 (2019/20) refers) regarding the introduction of PSPOs in several locations, including Staveley-with-Ings.  That report had, however, contained an error resulting in the decision at CEX/44 approving the introduction of a dog exclusion restriction in relation to Staveley Playground as opposed to an intended dogs on lead restriction.

 

The Legal Governance and Democracy Lead Specialist (Monitoring) outlined amended wording for Recommendation (2).

 

Decision

 

RESOLVED – That the following be approved:-

 

(1)        the introduction of a PSPO in a defined area on Parish Council-owned land for a dogs on lead restriction at Staveley Playground; and

 

(2)        the deletion of reference to a dog exclusion restriction at Staveley Playground within the PSPO approved at Resolution (1) of CEX/44 of the meeting of Cabinet held on 11 September 2019.

 

Reasons for Decision

 

The introduction of a PSPO links directly to the Well Being and Environment elements of the Council Plan and delivers under Work across boundaries, Creating balanced communities, Sustainable environment.

 

Alternative Options Considered and Rejected

 

The alternative option would be to not introduce a new PSPO, however, the consultation responses have established that this restriction is wanted and required.  Therefore, not to introduce a new PSPO is not a recommended option.

CEX/100

Cross-a-Moor Roundabout pdf icon PDF 139 KB

To consider a report which seeks approval to transfer the remaining amount of HE GHF grant of £2,878,357 by the end of March 2020 and for this to be held in a separate account by the Council until the scheme progresses.

 

Please note:-

 

The Chairman of the Council has agreed that due to the urgency of this decision the matter is exempt from Call In and this will be reported to the next Council meeting. This is under paragraph 16 (j) of the Overview and Scrutiny Rules within Part 4 of the Councils Constitution.

 

The Chair of the Overview and Scrutiny Committee has been informed that the matter having only just arisen and the matter not being included  in the Forward Plan at least 28 days before the decision is due to be made that this matter is treated as an urgent decision. The General Exception applying under Part 4 of the Constitution.

Additional documents:

Minutes:

Summary

 

The Finance and Resources Portfolio Holder introduced the report which explained that the South Lakeland Local Plan had allocated a range of significant housing sites in South Ulverston.  Planning applications had started to come forward and construction had begun on one site, with developer commitment to deliver on others.  There remained, however, a significant capacity constraint at the junction of the A590/Pennington Lane/Main Road (Cross-a-Moor junction), and a new roundabout was required.

 

The Cross-a-Moor junction improvement project would enable the construction of a new roundabout, delivered by Highways England, unlocking private sector investment and the development of !,062 new homes at Swarthmoor, Ulverston.

 

The funding secured so far consisted of a grant of £3,050,000 from Highways England Growth and Housing Fund, £1.735m through Section 106 developer contributions and £300,000 from South Lakeland District Council (included in the Capital Programme last approved by Council on 25 February 2020).

 

A tripartite legal agreement for the scheme between Highways England, South Lakeland District Council and Cumbria County Council (as accountable body on behalf of Cumbria Local Economic Enterprise) had been prepared, but had not yet been finalised due to the requirement for final works costs to be agreed between all parties and for any gaps in funding to be addressed.

 

Approval was sought for the transfer of the remaining amount of Highways England’s Growth and Housing Fund Grant - £2,878,357 – by the end of March 2020 and for this to be held in a separate account by the Council until the scheme progressed.  The Council would retain the interest on the monies held.  The final scheme costs were still required to be agreed and finalised and the Council was not committing to fund any further financial contributions by signing this agreement.

 

The Finance and Resources Portfolio Holder explained that the Council would make it clear that it was not the Lead Authority and that it had no additional responsibilities arising from this decision.

 

The Housing and Innovation Portfolio Holder, in support of the recommendation, stated this was a significant decision of great importance.  There was a need for this development.  It would contribute to the Council priorities and facilitate economic growth and increase the potential for housing within the area.  All to accord with its Local Plan priorities.  In highlighting the alternative option that funding would be lost and the scheme would not be delivered, he supported the proposal.  The Council was stepping forward and taking the responsibility and he considered it to be a very important decision.

 

Note – The proposal met the definition of a key decision in the Council’s Constitution as it would incur income above £100,000.  Due to the matter having just arisen, it had not been possible for the proposal to be included in a Forward Plan at least 28 clear days before the decision was to be made.  In accordance with paragraph 15 of the Access to Information Procedure Rules in Part 4 of the Constitution, the Chairman of the Overview and Scrutiny Committee’s had  ...  view the full minutes text for item CEX/100