Agenda and draft minutes

Executive
Tuesday, 5th March, 2019 6.00 pm

Venue: Town Hall, Penrith

Contact: Members Services 

Items
No. Item

E/127/3/19

Apologies for Absence

Minutes:

There were no apologies for absence at this meeting.

E/128/3/19

Minutes

RECOMMENDATION that the public minutes E/114/02/19 to E/126/02/19 of the meeting of the Executive held on 5 February 2019 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).

Minutes:

RESOLVED that the public minutes E/114/02/19 to E/126/02/19 of the meeting of the Executive held on 5 February 2019 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).

E/129/3/19

Declarations of Interest

To receive declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered.

 

Minutes:

No declarations of interest were made at this meeting.

E/130/3/19

Questions and Representations from the Public

To receive questions and representations from the public under Rules 3 and 4 of the Executive Procedure Rules of the Constitution.

Minutes:

Councillor Beaty entered the Chamber at 6.03pm

 

The following questions on notice were received from Members of the public under Rule 3 of the Executive Procedure Rules of the Constitution.

 

1.            Ms T Harrison asked the following question of the Eden Development Portfolio Holder:

 

“I find it astounding that with the masterplan being on such a massive scale, there is negligible evidence to prove its need. One vague line which is used to justify its creation is that businesses have said they wish to move here. You say you can’t name them, but could you say how many have contacted you and which industry they work in? An Amazon-type warehouse or massive truck depot on the industrial site does not fulfil the claim that the masterplan will bring employees to the area or create skilled jobs for the young.”

The Eden Development Portfolio Holder responded as follows:

 

“We currently have five enquiries, three of which are from commercial / manufacturing operations looking for up to 40,000 ft.² in total and two transport/engineering operations wanting to extend into some 5 acres. This is in addition to a known private developer/agent actively seeking additional land for a variety of clients.

           

This is not the full scenario as only a limited number of enquiries come through the Council as the local planning authority and we have very little land available and under our control. It is understood that the sites that I have mentioned can be seen as the tip of the iceberg as it is known that businesses looking to move into the area will often go directly through a search of agents through the Internet. If there is limited availability we will see Penrith set against Carlisle within an area search, but it is not known how many opportunities are lost to Carlisle due to the limited availability in Penrith.

 

It is important to note that Eden Business Park to the rear of the Gilwilly industrial Estate has been very successful and the remaining sites are either completed or spoken for, which is evidence of a sustained demand within Penrith.”

 

Ms Harrison asked a supplementary question asking what evidence there is to suggest that people of working age will move into the District, given that housing provision exceeds population growth forecasts.

 

The Eden Development Portfolio Holder responded that he would provide a written answer to the question.

E/131/3/19

Questions from Members

To receive questions and representations from Members under Rule 5 of the Executive Procedure Rules of the Constitution.

Minutes:

No questions on notice were received from Members under Rule 5(b) of the Executive Procedure Rules of the Constitution.

E/132/3/19

Meeting Action Log - Leaders Portfolio pdf icon PDF 60 KB

To consider report G29/19 of the Deputy Chief Executive which is a standing item and which seeks to present the Meetings Action Logs for the Executive and Council meetings for consideration.

RECOMMENDATIONS that:

1.              the contents of the Meetings Action Log for Executive meetings be noted; and

2.              the contents of the Meetings Action Log for Council meetings be noted.

Additional documents:

Minutes:

Members considered report G29/19 from the Deputy Chief Executive which is a standing item and which sought to present the Meetings Action Logs for the Executive and Council meetings for consideration.

 

Proposed by Councillor Beaty

Seconded by Councillor Owen

 

and RESOLVED that:

 

1.            the contents of the Meetings Action Log for Executive meetings be noted; and

 

2.            the contents of the Meetings Action Log for Council meetings be noted.

 

Reason: To allow Officers and Members to be better able to monitor the progress of actions arising from Council meetings.

E/133/3/19

Business Rates – Retail Discount - Resources Portfolio pdf icon PDF 84 KB

To consider report F19/19 from the Director of Corporate Services which seeks to consider the Business Rates discount for retail premises introduced by the Government in the budget.

 

RECOMMENDATIONS that:

1.         approval be given to the use of discretionary powers by the Council under Section 47 of the Local Government Act 1988 (as amended) to award Retail Discounts for Business Rates for the financial years 2019-2020 and 2021-2021; and

2.         it be agreed that determination by the Council of awards of Retail Discount shall  be made having regard to the Guidance published by the Ministry of Housing, Communities and Local Government in November 2018 (attached at Appendix 1 to the report).

Additional documents:

Minutes:

Members considered report F19/19 from the Director of Corporate Services which sought to enable consideration of the Business Rates discount for retail premises introduced by the Government in the budget.

 

Councillor Eyles raised a question under Rule 5(a) of the Executive Procedure Rules in asking whether rate relief in previous years has been reimbursed.

 

Councillor Beaty requested that the Director of Corporate Services answer the question. The Director of Corporate Services responded that he would provide a written answer to the question.

 

Proposed by Councillor Breen

Seconded by Councillor Grisedale

 

and RESOLVED that:

 

1.            approval be given to the use of discretionary powers by the Council under Section 47 of the Local Government Act 1988 (as amended) to award Retail Discounts for Business Rates for the financial years 2019-2020 and 2020-2021; and

 

2.            it be agreed that determination by the Council of awards of Retail Discount shall be made having regard to the Guidance published by the Ministry of Housing, Communities and Local Government in November 2018.

 

Reason: Business Rates are often seen as a disproportionate overhead for ratepayers, especially those in the retail sector and those not eligible for full Small Business Rate Relief. This relief will provide financial assistance to ratepayers at no cost to the Council.

E/134/3/19

Eden Affordable Warmth Partnership and Energy Company Obligations 3 (ECO3) - Housing and Health Portfolio pdf icon PDF 85 KB

To consider report TES16/19 from the Assistant Director Community Services which seeks to enable consideration to be given to the formation of the Eden Affordable Warmth Partnership, approval to have a Statement of Intent developed and publicised under terms of ECO3, to approve funding and implementation of a obtain a specialist Single Point of Contact service, which will act as a specialist referral hub, identifying residents’ energy efficiency needs and facilitating their support, and to approve funding and implementation of a grant scheme to support residents in accessing ECO3 opportunities.

 

RECOMMENDATIONS that:

1.         the formation of the Eden Affordable Warmth Partnership, be noted;

2.         delegated authority be given to the Chief Executive, in consultation with the Housing and Health Portfolio Holder, to develop and publish a Statement of Intent;

3.         the procurement of a Single Point of Contact service, which will act as a specialist referral hub, and that up to a maximum of £20,000 per annum of discretionary housing grant be utilised for two years to fund the service, be approved; and

4.         the utilisation of £30,000 per annum of discretionary housing grant, for two years, on the implementation of a grant scheme to support residents in accessing ECO3 opportunities be approved.

Minutes:

Members considered report TES16/19 from the Assistant Director Community Services which sought to enable consideration to be given to the formation of the Eden Affordable Warmth Partnership, approval to have a Statement of Intent developed and publicised under terms of ECO3, to approve funding and implementation of a obtain a specialist Single Point of Contact service, which will act as a specialist referral hub, identifying residents’ energy efficiency needs and facilitating their support, and to approve funding and implementation of a grant scheme to support residents in accessing ECO3 opportunities.

 

Councillor Eyles raised a question under Rule 5(a) of the Executive Procedure Rules asking how many households in Eden are in Council Tax poverty.

 

Councillor Beaty responded that this was not a measure which is widely used.  He suggested that Councillor Eyles should engage with Scrutiny to consider this matter further.

 

Proposed by Councillor Grisedale

Seconded by Councillor Owen

 

and RESOLVED that:

 

1.            the formation of the Eden Affordable Warmth Partnership, be noted;

 

2.            delegated authority be given to the Chief Executive, in consultation with the Housing and Health Portfolio Holder, to develop and publish a Statement of Intent;

 

3.            the procurement of a Single Point of Contact service, which will act as a specialist referral hub, and that up to a maximum of £20,000 per annum of discretionary housing grant be utilised for two years to fund the service, be approved; and

 

4.            the utilisation of £30,000 per annum of discretionary housing grant, for two years, on the implementation of a grant scheme to support residents in accessing ECO3 opportunities be approved.

 

Reason: This supports Decent Homes for All and Quality Council corporate priorities in the provision of targeted energy efficiency measures for Eden’s residents most in need of support.

E/135/3/19

Eden Mortgage Boost Scheme - Housing and Health Portfolio pdf icon PDF 71 KB

To consider report TES11/19 from the Assistant Director Community Services which seeks to consider the implementation of the Eden Mortgage Boost Scheme in partnership with Penrith Building Society to help local buyers secure homes – as detailed in Appendix 1 of the report.

 

RECOMMENDATION that the proposed Mortgage Boost Scheme and financial allocation of £30k, from the unused repossession prevention reserve, be approved with effect from 1 April 2019.

Minutes:

Members considered report TES11/19 from the Assistant Director Community Services which sought to consider the implementation of the Eden Mortgage Boost Scheme in partnership with Penrith Building Society to help local buyers secure homes.

 

Proposed by Councillor Grisedale

Seconded by Councillor Martin

 

and RESOLVED that the proposed Mortgage Boost Scheme and financial allocation of £30k, from the unused repossession prevention reserve, be approved with effect from 1 April 2019.

 

Reason: Approval be given to the implementation of the proposed Eden Mortgage Boost Scheme and financial allocation of £30k, from an existing reserve.

E/136/3/19

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 - Enforcement and Compliance Study - Housing and Health Portfolio pdf icon PDF 71 KB

To consider report TES15/19 from the Assistant Director Community Services which seeks to enable consideration to be given to the  Council’s participation in the Department of Business, Energy and Industrial Strategy’s (BEIS) Enforcement and Compliance Study in relation to the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.

 

RECOMMENDATIONS that:

1.         participation in the Department of Business, Energy and Industrial Strategy’s Enforcement and Compliance Study in relation to the implementation of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, be approved;

2.         delegated authority be given to the Chief Finance Officer (Section 151 Officer) for Eden District Council, to agree the relevant Memorandum of Understanding and submit a grant claim for the total sum of the funding being £100,000;

3.         delegated authority be given to the Assistant  Director Community Services, in consultation with the Housing and Health Portfolio Holder, to implement the project, and utilise grant spend in line with the terms of the Memorandum of Understanding; and.

4.         it be noted that the Chief Executive, has authority to engage necessary staff resources to enable the pilot project to proceed.

Minutes:

Members considered report TES15/19 from the Assistant Director Community Services which sought to enable consideration to be given to the Council’s participation in the Department of Business, Energy and Industrial Strategy’s Enforcement and Compliance Study in relation to the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.

 

Councillor Eyles raised a question under Rule 5(a) of the Executive Procedure Rules asking how many private rented properties there are in Eden.

 

Councillor Grisedale requested that the Assistant Director Community Services answer the question.  The Assistant Director Community Services responded that 23% of the housing stock is private rented.

 

Councillor Eyles then asked who checks that landlords of private rented properties comply with the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. The Assistant Director Community Services responded that Eden District Council is responsible for identifying compliance and Cumbria County Council is responsible for enforcement.

 

Councillor Eyles then asked if tenants are aware of their property’s Energy Performance Rating Certificate.

 

The Assistant Director Community Services responded that new tenants should see the Certificate when they sign their Tenancy Agreement.  Eden District Council will be proactive in identifying private rented properties via a number of data sources to raise awareness for existing tenants.  Landlords only have to comply if it is technically feasible.

 

Councillor Eyles then asked what the £100,000 referred to at point 2.2 of the report would be used for.

 

The Assistant Director Community Services responded that the grants would be used to support the project as opposed to providing financial support to individuals.

 

Proposed by Councillor Grisedale

Seconded by Councillor Slee

 

and RESOLVED that:

 

1.            participation in the Department of Business, Energy and Industrial Strategy’s Enforcement and Compliance Study in relation to the implementation of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, be approved;

 

2.            delegated authority be given to the Chief Finance Officer (Section 151 Officer) for Eden District Council, to agree the relevant Memorandum of Understanding and submit a grant claim for the total sum of the funding being £100,000;

 

3.            delegated authority be given to the Assistant Director Community Services, in consultation with the Housing and Health Portfolio Holder, to implement the project, and utilise grant spend in line with the terms of the Memorandum of Understanding; and

 

4.            it be noted that the Chief Executive, has authority to engage necessary staff resources to enable the pilot project to proceed.

 

Reason: This supports Decent Homes for All and Quality Council corporate priorities in the provision of a pilot project for the provision of the requirements of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.

E/137/3/19

Eden Community Fund Recommendations - Communities Portfolio pdf icon PDF 68 KB

To consider report TES14/19 from the Assistant  Director, Commissioning and Technical Services which seeks approval for the award from the Eden Community Fund of grants to the 16 projects set out in Appendix A of this report.

 

RECOMMENDATION that a grant from the Eden Community Fund is agreed for each of the 16 projects set out in Appendix A of this report, to a total of £55,615.37.

Additional documents:

Minutes:

Members considered report TES14/19 from the Assistant Director, Commissioning & Technical Services which sought approval for the award from the Eden Community Fund of grants to 16 projects.

 

Proposed by Councillor Martin

Seconded by Councillor Grisedale

 

and RESOLVED that a grant from the Eden Community Fund be agreed for each of the 16 recommended projects to a total of £55,615.37.

 

Reason:

 

1.            the 16 applications had been recommended for approval; and

 

2.            the applications had been recommended for support as the Council has historically supported community groups and organisations that meet both the Eden Community Fund criteria and Council Plan.

E/138/3/19

Devolution - Transfer of Assets Amendment to Funding - Services Portfolio pdf icon PDF 69 KB

To consider report TES12/19 from the Assistant Director Commissioning and Technical Services which seeks to consider an extension to the funding of the transfer of those assets where discussions have already commenced and the Town or Parish has expressed a wish to take transfer of the asset but the transfer has been delayed.

 

RECOMMENDATIONS that:

1.         the availability by way of a grant payment of the controllable budget costs in relation to those assets which have been approved by the Council to be transferred to Town and Parish Councils and which have been accepted by them but have not been transferred before 1 April 2019 (with the exception of footway lighting) be extended to:

a.   for 2019/20 financial year 100% of the controllable budget costs relating to each asset during 2018/19 year less any amount already spent or committed;

b.   for 2020/21 financial year 75% of the controllable budget set in 2018/19;

c.   for 2021/22 financial year 50% of the controllable budget set in 2018/19; and

2.         for 2022/23 financial year and thereafter no grant to be available.

Minutes:

Members considered report TES12/19 from the Assistant Director Commissioning and Technical Services which sought to consider an extension to the funding of the transfer of those assets where discussions have already commenced and the Town or Parish has expressed a wish to take transfer of the asset but the transfer has been delayed.

 

Proposed by Councillor Todd

Seconded by Councillor Owen

 

and RESOLVED that:

 

1.            the availability by way of a grant payment of the controllable budget costs in relation to those assets which have been approved by the Council to be transferred to Town and Parish Councils and which have been accepted by them but have not been transferred before 1 April 2019 (with the exception of footway lighting) be extended to:

 

a.            for 2019/20 financial year 100% of the controllable budget costs relating to each asset during 2018/19 year less any amount already spent or committed;

 

b.            for 2020/21 financial year 75% of the controllable budget set in 2018/19; and

 

c.            for 2021/22 financial year 75% of the controllable budget set in 2018/19; and

 

2.         for 2022/23 financial year and thereafter no grant shall be available.

 

Reason: This supports the Council’s Local Delivery of Services Project reported to Council on 16 July 2015 (Ref: CD55/15) and the Devolution report CD40/17 to Council on the 13 July 2017.

E/139/3/19

Devolution of Public Conveniences - Services Portfolio pdf icon PDF 78 KB

To consider report TES1/19 from the Assistant Director Commissioning and Technical Services which seeks to agree further details on the devolution of public toilets.

 

RECOMMENDATIONS that:

1.         the ownership, management and running of the toilet facilities listed in Section 6 is transferred to the relevant Parish Council or Trust Group each at a price of £1 and with terms imposing restrictive covenants on any future development of the site;

2.         the free public parking area around the public toilets in Kirkby Stephen is transferred to Kirkby Stephen Town Council with the Public Toilets at a price of £1 and with terms imposing restrictive covenants on any future development of the site;

3.         the Assistant Director Commissioning and Technical Services be given delegated authority to agree arrangements for any maintenance of the assets prior to transfer;

4.         approval be given to the Director of Corporate Services to determine the detailed terms for the transfer of the public toilets;

5.         the paddle gates installed at Pooley Bridge as part of the pilot scheme be removed and that no further funding is paid to Barton Parish Council for the collection of monies; and

6.         it be noted that the funding arrangements shall be as separately determined within the report on this agenda titled “Devolution – Transfer of Assets Amendment to Funding”.

Minutes:

Members considered report TES1/19 from the Assistant Director Commissioning and Technical Services which sought to agree further details on the devolution of public toilets.

 

Councillor Eyles raised a question under Rule 5(a) of the Executive Procedure Rules, asking how much Eden District Council has spent in total, in respect of the paddles gates installed at Pooley Bridge, since 2014.

 

Councillor Todd responded that he would provide a written reply.

 

Councillor Eyles asked why the public conveniences in Sandgate were not included and what would happen if no one would take them on.

 

Councillor Todd responded that any organisations could enter negotiation to transfer the asset.  If an organisation does not come forward to adopt them they will close.

 

Proposed by Councillor Todd

Seconded by Councillor Owen

 

and RESOLVED that:

 

1.            the ownership, management and running of the toilet facilities listed in Section 6 is transferred to the relevant Parish Council or Trust Group each at a price of £1 and with terms imposing restrictive covenants on any future development of the site;

 

2.            the free public parking area around the public toilets in Kirkby Stephen is transferred to Kirkby Stephen Town Council with the Public Toilets at a price of £1 and with terms imposing restrictive covenants on any future development of the site;

 

3.            the Assistant Director Commissioning and Technical Services be given delegated authority to agree arrangements for any maintenance of the assets prior to transfer;

 

4.            approval be given to the Director of Corporate Services to determine the detailed terms for the transfer of the public toilets;

 

5.            the paddle gates installed at Pooley Bridge as part of the pilot scheme be removed and that no further funding is paid to Barton Parish Council for the collection of monies;

 

6.            it be noted that the funding arrangements shall be as separately determined within the report on this agenda titled “Devolution – Transfer of Assets Amendment to Funding”.

 

Reason: This supports the Council’s Local Delivery of Services Project reported to Council on 16 July 2015 and July 2017.

E/140/3/19

Transfer of Assets to Patterdale Parish Council - Services Portfolio pdf icon PDF 79 KB

To consider report TES2/19 from the Assistant Director Commissioning and Technical Services which seeks to enable a decision to be made about the transfer of Assets to Patterdale Parish Council including Jenkins Field, which is 9 acres of open space/amenity land shown at Appendix 1 of this report,at Glenridding, Glenridding and Patterdale public toilets, Glenridding play area and Hartside bus stop.

RECOMMENDATIONS that:

1.            subject to the requirement to give notice of intention to dispose of land forming part of a local green space amenity land under section 123(2A) of the Local Government Act 1972 in terms of the land at Jenkins Field as shown edged blue on the plan attached as Appendix 1 to this report (“the plan”) the area of land shown edged red on the plan be approved in principle for sale to Patterdale Parish Council at a price of £1 and with terms imposing restrictive covenants on any future development of the site;

2.            that the ownership, management and running of the public toilet facilities at Glenridding and Patterdale, Glenridding Play Area and Hartside Bus Stop are transferred to Patterdale Parish Council at a price of £1 and with terms imposing restrictive covenants on any future development of the site;

3.            the Director of Corporate Services be given delegated authority to determine the detailed terms of such transfer and arrangements for the maintenance of the site on the basis that the transfer shall be of the freehold with covenants imposed upon the purchase; and

4.            it be noted that the funding arrangements shall be as separately determined within the report on this agenda titled “Devolution – Transfer of Assets Amendment to Funding”.

Additional documents:

Minutes:

Members considered report TES1/19 from the Assistant Director Commissioning and Technical Services which sought to enable a decision to be made about the transfer of assets to Patterdale Parish Council including Jenkins Field, which is 9 acres of open space/amenity land Glenridding and Patterdale public toilets, Glenridding play area and Hartsop bus stop.

 

Proposed by Councillor Todd

Seconded by Councillor Breen

 

and RESOLVED that:

 

1.            subject to the requirement to give notice of intention to dispose of land forming part of a local green space amenity land under section 123(2A) of the Local Government Act 1972 in terms of the land at Jenkins Field as shown edged blue on the plan attached as Appendix 1 to this report (“the plan”) the area of land shown edged red on the plan be approved in principle for sale to Patterdale Parish Council at a price of £1 and with terms imposing restrictive covenants on any future development of the site;

 

2.            the ownership, management and running of the public toilet facilities at Glenridding and Patterdale, Glenridding Play Area and Hartsop Bus Stop are transferred to Patterdale Parish Council at a price of £1 and with terms imposing restrictive covenants on any future development of the site;

 

3.            the Director of Corporate Services be given delegated authority to determine the detailed terms of such transfer and arrangements for the maintenance of the site on the basis that the transfer shall be of the freehold with covenants imposed upon the purchase; and

 

4.            it be noted that the funding arrangements shall be as separately determined within the report on this agenda titled “Devolution –Transfer of Assets Amendment to Funding”.

 

Reasons:

 

            This will enable:

 

1.            the transfer of freehold ownership of the sites to Patterdale Parish Council;

 

2.            the District Council to demonstrate that it has protected the site against future development. Any proposals that the Parish Council may have in terms of alternative uses of the site would have to be with the consent of the District Council and upon commercial terms; and

 

3.            the local delivery of services project reported to Council on the 16 July 2015 (Minute CD55/15) and allow Patterdale Parish Council to take on services and assets which are considered to be local to the area.

E/141/3/19

Future High Streets Fund - Commercial Services Portfolio pdf icon PDF 93 KB

To consider report G27/19 from the Assistant Director Planning and Economic Development which seeks Executive approval for delegated authority to submit an Expression of Interest to the Government’s Future High Street Fund in consultation with the relevant Portfolio Holder.

RECOMMENDATION that the Assistant Director Planning and Economic Development is given delegated responsibility to submit an Expression of Interest to the Government’s Future High Street Fund by the deadline of 22 March 2019.

Minutes:

Members considered report G27/19 from the Assistant Director Planning and Economic Development which sought Executive approval for delegated authority to submit an Expression of Interest to the Government’s Future High Street Fund in consultation with the relevant Portfolio Holder.

 

Councillor Eyles raised a question under Rule 5(a) of the Executive Procedure Rules asking whether the alternative use of retail buildings would be considered.

 

Councillor Slee responded that it would. Councillor Beaty responded that Eden District Council is encouraging Sainsburys to consider the alternative uses of empty retail units in New Squares.

 

Proposed by Councillor Slee

Seconded by Councillor Todd

 

and RESOLVED that the Assistant Director Planning and Economic Development be given delegated responsibility to submit an Expression of Interest to the Government’s Future High Street Fund by the deadline of 22 March 2019.

 

Reason: To enable the Assistant Director Planning and Economic Development to be given delegated authority to submit an Expression of Interest to the Government’s Future High Streets Fund.

E/142/3/19

Draft Penrith Neighbourhood Plan Formal Consultation - Eden Development Portfolio pdf icon PDF 65 KB

To consider report G28/19 which seeks Executive approval for delegated authority to submit Eden District Council’s response to Penrith Town Council’s Draft Neighbourhood Plan consultation.

RECOMMENDATION that the Assistant Director Planning and Economic Development is given delegated responsibility to submit Eden District Council’s response to the draft Penrith Neighbourhood Plan by the deadline of the 22 March 2019 in consultation with the relevant Portfolio Holder.

Minutes:

Members considered report G28/19 from the Assistant Director Planning and Economic Development which sought Executive approval for delegated authority to submit Eden District Council’s response to Penrith Town Council’s Draft Neighbourhood Plan consultation.

 

Councillor Eyles raised a question under Rule 5(a) of the Executive Procedure Rules asking who provides the input for the response.

 

Councillor Owen requested that the Director of Corporate Services answer the question.  The Director of Corporate Services responded that it was an Executive function.  He stated that Councillor Eyles was at liberty to make any observations to the Assistant Director Planning and Economic Development.

 

Proposed by Councillor Owen

Seconded by Councillor Slee

 

and RESOLVED that the Assistant Director Planning and Economic Development be given delegated responsibility to submit Eden District Council’s response to the draft Penrith Neighbourhood Plan by the deadline of the 1 April 2019 in consultation with the relevant Portfolio Holder.

 

Reason: To enable the submission of the Council’s response to the consultation on the draft Penrith Neighbourhood Plan.

E/143/3/19

Extra Care Development, Newton Road, Penrith - Release of Covenant - Resources Portfolio pdf icon PDF 70 KB

To consider report TES8/19 from the Assistant Director of Commissioning and Technical Services which seeks to enable consideration to be given to the varying of a restrictive covenant at Newton Road, Penrith.

 

RECOMMENDATIONS that:

1.            the restrictive covenant on land at Newton Road, Penrith as referred to within this report be varied to permit the use of the land for an extra care facility and restricted to Class 2 (Residential Institutions) only;

2.            the Assistant Director of Commissioning and Technical Services be given delegated authority to negotiate the price for the variation of the covenant based upon commercial value; and

3.            the Director of Corporate Services be authorised to finalise any legal documentation in order to effect the variation of the restrictive covenant.

Additional documents:

Minutes:

Members considered report TES8/19 from the Assistant Director of Commissioning and Technical Services which sought to enable consideration to be given to the varying of a restrictive covenant at Newton Road, Penrith.

 

Members received an update in relation to a right of way of the site.

 

Proposed by Councillor Breen

Seconded by Councillor Todd

 

and RESOLVED that:

 

1.            the restrictive covenant on land at Newton Road, Penrith as referred to within this report be varied to permit the use of the land for an extra care facility and restricted to Class 2 (Residential Institutions) only;

 

2.            the Assistant Director of Commissioning and Technical Services be given delegated authority to negotiate the price for the variation of the covenant based upon commercial value; and

 

3.            the Director of Corporate Services be authorised to finalise and agree the terms of any legal documentation in order to effect:

 

a.            the variation of the restrictive covenant; and

 

b.            the grant by the Council of a formal right of access for the development over the access road for the site.

 

Reason: The variation of the Covenant would support the development of apartments for extra care.

E/144/3/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

E/145/3/19

Date of Next Scheduled Meeting

The date of the next scheduled meeting be confirmed as 11 April 2019.

Minutes:

The date of the next scheduled meeting was confirmed as 2 April 2019.