Agenda and minutes

Cabinet - Tuesday, 23rd November, 2021 6.00 pm

Venue: Council Chamber, Town Hall, Penrith

Contact: Members Services 

Items
No. Item

E/52/11/21

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Derbyshire. 

E/53/11/21

Minutes

RECOMMENDATION that the public minutes E/43/10/21 to E/51/10/21 of the meeting of the Executive held on 19 October 2021 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).

 

Minutes:

Proposed by Councillor Taylor

Seconded by Councillor Robinson

 

and RESOLVED that the public minutes E/43/10/21 to E/51/10/21 of the meeting of the Executive held on the 19 October 2021 be confirmed and signed as correct record of those proceedings.

E/54/11/21

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 the meeting.

E/55/11/21

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:

Mr Jonathan Davies asked the following question:

 

Could the leader please explain for the residents of Eden the implications of the governments draft change order for Cumbria and what part Eden council played in the creation of the draft change order including the approval of the submission of Eden council’s contribution to the draft change order.

 

The Leader gave the following response:

 

The draft Structural Changes Order for Cumbria is a legislative document that will be laid before parliament early in 2022 and is expected to be approved before Easter 2022.

 

As such it does not require approval from any other body than parliament.

 

The implications of the Draft Order are :

 

The abolition of the six district Councils in Cumbria and Cumbria County Council on 31st March 2023.

 

The creation of two new single tier Unitary Councils - Westmorland and Furness covering the current boundaries of Eden DC SLDC and Barrow BC and Cumberland covering the Boundaries of Allerdale BC, Copeland BC and Carlisle CC from 1st April 2023.

 

All current ceremonial roles, town and parish councils and the police authority remain unchanged.

 

It is proposed that the two new authorities will have Councillor representation of 65 members in Westmorland and Furness and 46 members in Cumberland to be elected in May 2022.

 

All district and County elections that were to be held in 2022 will be cancelled. Existing members will serve until March 2023.

 

The newly elected Councillors will operate in 2 shadow authorities between May 2022 and March 2023. They will appoint statutory officers (head of paid service, monitoring officer and section 151 finance officer) and will agree structures, operating models and medium term financial plans for the new authorities.

 

Two formal Joint Committees, one for each of the new Authorities will be established when the SCO is approved.  These Joint Committees will provide political oversight of the Local Government Reorganisation process.  They will comprise of 3 members from each of the districts making up the new authority areas and 3 members from the County Council; a total of 12 members on each Joint Committee.

 

The new authority members will represent 33 wards in Westmorland and Furness and 46 wards in Cumberland. The wards in Westmorland and Furness are based on amalgamations of current district wards whereas wards in Cumberland are based on existing County divisions.

 

Westmorland and Furness has 27 more Councillors than it would have had if a similar approach to Cumberland had been adopted which I see as hugely beneficial to our residents. In Eden we will have 7 more Councillors than we would have had under the same model as Cumberland.

As already stated this Council nor any other Council has the role of agreeing elements of the structural changes order. The provisions of the order are drafted by parliamentary lawyers and agreed by parliament. The government through the Department of DLuHC consulted on the order through the summer. Political groups across the seven authorities were invited to submit proposals for  ...  view the full minutes text for item E/55/11/21

E/56/11/21

Questions from Members

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

 

Minutes:

No questions or representations from members were received under Rule 5 of the Executive Procedure Rules of the Constitution.

 

E/57/11/21

Civil Penalties and Rent Repayment Order Policy pdf icon PDF 370 KB

To consider report no: PP29/21 of the Assistant Director Communities which seeks approval for the Civil Penalties and Rent Repayment Order Policy, under the Housing and Planning Act 2016, provided in Appendix A.

 

RECOMMENDATION that the Civil Penalties and Rent Repayment Order Policy, under the Housing and Planning Act 2016, is adopted by the Council.

Minutes:

Members considered report no: PP29/21 of the Assistant Director Communities which sought for Civil Penalties and Rent Repayment Order Policy, under the Housing and Planning Act 2016 provided in Appendix A.

 

Proposed by Councillor Taylor

Seconded by Councillor Sharp

 

and RESOLVED that the that Civil Penalties and Rent Repayment Order Policy, under the Housing and Planning Act 2016, is adopted by the Council.

 

Reason for Decision/ Recommendation:

 

1.     The Housing Act 2004 was amended by the Housing and Planning Act 2016 to enable local authorities to impose a financial penalty as an alternative to prosecution for certain housing offences.

 

2.     A Rent Repayment Order can require the repayment of a sum of up to a maximum of 12 months’ rent.

 

3.     Members are recommended to approve the policy in Appendix A.

E/58/11/21

Regulation of Investigatory Powers Act - Annual Update pdf icon PDF 639 KB

To consider report no: G37/21 of the Assistant Director Legal and Democratic Services which seeks to enable consideration to be given to an update on the use of the Regulation of Investigatory Powers Act 2000 (‘RIPA’) by Council officers.

 

 RECOMMENDATION that:

 

1.     It be noted that there has been:

a)    No authorisations sought or granted by the Council in the Regulation of Investigatory Powers Act 2001 between 1 May 2020 and 31 April 2021; and

b)    No non-statutory authorisations for covert surveillance sought or granted by the Council between 1 May 2020 and 31 April 2021.

 

2.     the revised Policy and guidelines which are attached to this report as Appendix 1 be adopted; and

 

3.     it be noted that the Assistant Director Legal and Democratic Services will arrange appropriate training for authorising officers and officers who may potentially consider seeking authorisations for covert surveillance.

 

 

Minutes:

Members considered report no: G37/21 of the Assistant Director Legal and Democratic Services which sought to enable consideration to be given to an update on the use of the Regulation of Investigatory Powers Act 2000 (‘RIPA’) by Council officers.

 

Councillor Taylor proposed an amendment that the 31st April 2021 in the recommendation be changed to the 30th April.

Seconded by Councillor Rudhall

 

and RESOLVED that

 

1)    It be noted that there has been:

a)    No authorisations sought or granted by the Council in the Regulation of Investigatory Powers Act 2001 between 1 May 2020 and 30 April 2021; and

b)    No non-statutory authorisations for covert surveillance sought or granted by the Council between 1 May 2020 and 30 April 2021.

2)    The revised policy and guidelines which are attached to this report as Appendix 1 be adopted; and

3)    It be noted that the Assistant Director Legal and Democratic Services will arrange appropriate training for authorising officers and officers who may potentially consider seeking authorisations for covert surveillance. 

 

Reason for Decision/ Recommendation: To enable consideration to be given to an annual update and revised policy.

 

E/59/11/21

Eden District Council Community Fund Recommendations pdf icon PDF 241 KB

To consider report no: PP24/21 of the Assistant Director Communities which seeks approval for the award from the Eden District Council Community Fund of grants to the three projects set out in Appendix A.

 

RECOMMENDATION that a grant from the Eden District Council Community Fund is agreed for two of the three projects set out in Appendix A, to a total of £14,000. 

Minutes:

Members considered report no: PP24/21 of the Assistant Director Communities which seeks approval for award from the Eden District Council Community Fund of grants to the three projects set out in Appendix A.

 

Proposed by Councillor Sharp

Seconded by Councillor Robinson

 

and RESOLVED that a grant from the Eden District Council Community Fund is agreed for two of the three projects set out in Appendix A, to a total of £14,000.

 

Reason for Decision/ Recommendation:

 

1.     Two applications are recommended for approval as outlined in Appendix A. Three were considered by the Eden District Council Community Fund Partnership Panel and two were recommended for support.

 

2.     The applications are recommended for support as the Council has historically supported community groups and organisation that meet both the Eden District Council Community Fund criteria and Council Plan priorities.

E/60/11/21

Nomination as an Asset of Community Value - The New Inn, Brampton pdf icon PDF 245 KB

To consider report no: G30/21 of the Assistant Director Legal and Democratic Services which considers the nomination of the New Inn, Brampton as an asset of Community Value under the Localism Act 2011.

 

RECOMMENDATION that the nomination of the New Inn, Brampton as an asset of community value be accepted.

Additional documents:

Minutes:

Members considered report no: G30/21 of the Assistant Director Legal and Democratic Services which considered the nomination of the New Inn, Brampton as an asset of Community Value under the Localism Act 2011.

 

Proposed by Councillor Greenwood

Seconded by Councillor Rudhall

 

and RESOLVED that the nomination of the New Inn, Brampton, as an asset of community value be accepted.

 

Reasons for Decision/ Recommendation:

 

1.     To carry out the Council’s statutory duty as the determining authority under the provisions of the Localism Act 2011.

 

2.     Please also refer to 3.13 in the body of the report.

E/61/11/21

Zero Carbon Eden Strategy pdf icon PDF 2 MB

To consider report no: PP33/21 of the Assistant Director Delivery which seeks authorisation to approve the new strategy regarding the implementation of the action plan to make the council’s operations zero carbon by 2030.

 

RECOMMENDATION that the strategy and action plan set out in appendix 1 be approved.

Minutes:

Members considered report no: PP33/21 of the Assistant Director Delivery which seeks authorisation to approve the new strategy regarding the implementation for the action plan to make the council’s operations zero carbon by 2030.

 

Councillor Taylor requested that an amendment be made to the purpose of the report in order for the purpose to better reflect the aims of the Council plan and declaration of emergency. Therefore, the report also recorded the aims of the strategy to encourage initiatives for the wider district to reach net zero by 2030, and to improve biodiversity.

 

Proposed by Councillor Taylor

Seconded by Councillor Rudhall

 

and RESOLVED that the strategy and action plan set out in appendix 1 be approved.

 

Reasons for Decision/ Recommendation: It is recommended that the Council approve this report in order to address issues outlined in the Climate and Ecological Emergency declaration made in July 2019.

 

 

 

E/62/11/21

Q2 Performance Management Report pdf icon PDF 150 KB

To consider Report No: F37/21 of the Interim Director of Resources which seeks to:

 

1.     Provide a summary of progress against the revised corporate performance targets, for the period 1 July 2021 – 30 September 2021.

2.     To inform the Executive and Overview and Scrutiny Committee of any areas of concern or issues requiring attention and the remedial activity in place to deal with these.

 

RECOMMENDATION that Executive note the progress for Quarter 2 2021/2022.

Additional documents:

Minutes:

Members considered report no: F37/21 of the Interim Director of Resources which seeks to:

 

1.     Provide a summary of progress against the revised corporate performance targets, for the period 1 July 2021 – 30 September 2021.

2.     To inform the Executive and Overview and Scrutiny Committee of any areas of concern or issues requiring attention and the remedial activity in place to deal with these.

 

Proposed by Councillor Taylor

Seconded by Councillor Sharp

 

and RESOLVED that Executive note the progress for Quarter 2 2021/2022.

 

Reasons for Decision/ Recommendation:To advise Members of progress against outcomes.

E/63/11/21

Doomgate Flood Prevention - Appleby pdf icon PDF 852 KB

To consider the report of the Assistant Director Delivery which will be sent ‘to follow’.

Minutes:

Members considered report no: PP32/21 of the Assistant Director Delivery which sought to make members aware of and gain support for Environment Agency (EA) proposals to reduce flood risk from the Doomgate Culvert to the Holme St. and Chapel St. areas of Appleby via the construction of a new pumping station and substation in Broad Close car park.

 

Proposed by Councillor Greenwood

Seconded by Councillor Tonkin

 

and RESOLVED that:

 

1.     The EA proposals are supported and any claim for loss of earning is waived, temporarily and permanently as a result of changes to the Broad Close Car Park as a result of the construction of the proposed pumping station (a £20k contribution in kind to the project managed within existing resources).

 

2.     Executive endorse a recommendation to Council for a capital budget of £113,000 funded from capital receipts. This will provide a contribution, to the EA, toward the installation of an electricity substation to support Electric Vehicle Charging Points.

 

Reason for Decision/ Recommendation:

 

1.     Following the severe flooding in 2015 as a result of Storm Desmond, the Environment Agency embarked upon a package of appraisal works which aimed to identify solutions to manage the impacts of a future similar storm. For Appleby Town Centre this appraisal identified that, whilst options to improve the standard of protection to the town were economically beneficial, they were not affordable under the current funding arrangements. At this point the scheme might have stopped and all costs to date written off.

 

2.     In May 2019 Booster Funding was allocated in order to deliver a scheme in Appleby which would defend against the most frequent localised flooding from the Doomgate Culvert as an alternative lower-cost option.

 

3.     Failure to support this scheme may result in the flood prevention plans being abandoned.

 

4.     Therefore, It is recommended that EDC support EA proposals and waive claim for loss of earning, temporarily and permanently as a result of changes to the Broadclose Car park as a result of the construction of the proposed pumping station (a contribution in kind to the project) in addition to contributing

 

E/64/11/21

Economic Development Framework (EDF) - Update pdf icon PDF 2 MB

To consider the report of the Assistant Director Development which will be sent ‘to follow’.

Minutes:

Members considered report PP31/21 of the Assistant Director Development which sought to present for consideration and approval:

 

·       The proposed updates to the Inspiring Eden Economic Prospectus Consultation Draft (see Appendix 1) following consultation (see Appendix 2 for summary of comments, responses and proposed updates).

·       The programme for developing and approving the work streams (see Appendix 3 which will be fed into the Forward Plan for the Executive) including a proposal for investment from the Council to drive and accelerate delivery (see Appendix 4).

·       The Terms of Reference of the Penrith Task Force (see Appendix 5) to drive delivery of an investment programme for the town as part of the Town Centre Work Stream within the Inspiring Eden Economic Development Framework (EDF).

 

The EDF will ensure Eden District Council is well placed to drive local economic recovery and shape the economic policy focus and associated work streams as part of both the local government review across Cumbria and the national review of local enterprise partnerships.

 

Proposed by Councillor Robinson

Seconded by Councillor Taylor

 

and RESOLVED that:

 

1.     The proposed updates to the Economic Prospectus, as detailed in Section 3.2.1 and in Appendix 2 to this report, are approved with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economies and Enterprise, to finalise and publish the document.

 

2.     The programme for developing the work streams, as detailed in Appendix 3, is approved for inclusion in the Forward Plan for the Executive.

 

 

3.     The Executive endorse and recommend to Council the proposed additional investment options set out at Appendix 4 to be funded from earmarked reserves.

 

4.     The Terms of Reference for the Penrith Task Force, as detailed in Appendix 5 to this report, is approved with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economies and Enterprise, to finalise the Terms of Reference and set up and run the Task Force.

 

Reasons for Decision/ Recommendation: To put in place an effective economic development policy and delivery framework, and associated investment, that will drive the implementation of the Council’s Corporate Plan and One Eden initiative in supporting local businesses within the current difficult economic climate and sustaining and developing this support through the local government review process.

E/65/11/21

Improvements to Penrith Castle Park including Penrith Tennis Club move pdf icon PDF 644 KB

To consider report no: PP28/21 of the Assistant Director Communities which:

 

1.     Seeks approval for the proposals for undertaking significant improvements to the Penrith Castle Park including the relocation of the Penrith Tennis Club to the Penrith Park, detailed in Appendix 1 of this report.

 

2.     To seek delegated authority for the Deputy Chief Executive to agree and sign an agreement between the Council and Penrith Tennis Club.

 

RECOMMENDATION that

 

1.     The proposals for improvement to Penrith Castle Park be approved.

 

2.     To approve delegated authority for the Deputy Chief Executive, in consultation with the Portfolio Holder for Communities to agree and sign an agreement between the Council and Penrith Tennis Club.

Minutes:

Members considered report no: PP28/21 of the Assistant Director Communities which:

 

1.     Seeks approval for the proposals for undertaking significant improvements to the Penrith Castle Park including the relocation of the Penrith Tennis Club to the Penrith Park, detailed in Appendix 1 of this report.

 

2.     To seek delegated authority for the Deputy Chief Executive to agree and sign an agreement between the Council and Penrith Tennis Club.

 

Proposed by Councillor Sharp

Seconded by Councillor Robinson

 

and RESOLVED that:

 

1.     The proposals for improvement to Penrith Castle Park be approved.

 

2.     To approve delegated authority for the Deputy Chief Executive, in consultation with the Portfolio Holder for Communities to agree and sign an agreement between the Council and Penrith Tennis Club.

 

Reasons for Decision/ Recommendation: The move of the Tennis club to Castle Park will help to start the rejuvenation of Castle Park bringing in new members of the public to the park and facilitate other improvements and will help make the park a more enjoyable place to visit.

E/66/11/21

LGR Implementation Reserve pdf icon PDF 428 KB

To consider report no: F38/21 of the Interim Director of Resources which seeks to summarise the resources required to fund the implementation costs of Local Government Reorganisation (LGR) within Cumbria, and requests appropriate delegations to the Council’s Interim Director of Resources (S151 Officer) to identify a funding source from earmarked reserves held by the Council in order to contribute up to £1.6 Million to a County wide Implementation Reserve.

 

RECOMMENDATION: The Executive is recommended to:

 

1.     note the requirement for a county wide LGR Implementation Reserve;

 

2.     approve, for recommendation to Council, the establishment of an implementation reserve of £1.6million, to fund the Council’s contribution to the LGR implementation costs;

 

3.     delegate authority to the Interim Director Resources in consultation with the Portfolio Holder for Resources to pay appropriate contributions to Cumbria County Council;

 

4.     note the governance arrangements and scheme of delegation regarding the use of the reserve as set out in the report (Paragraph 4.8 and associated appendices);

 

5.     delegate responsibility to the Assistant Director of Legal & Democratic Services in consultation with the Resources Portfolio Holder, to agree the terms, and sign the Memorandum of Understanding for the Implementation Reserve.

Minutes:

To consider report no: F38/21 of the Interim Director of Resources which seeks to summarise the resources required to fund the implementation costs of Local Government Reorganisation (LGR) within Cumbria, and requests appropriate delegations to the Council’s Interim Director of Resources (S151 Officer) to identify a funding source from earmarked reserves held by the Council in order to contribute up to £1.6 Million to a County wide Implementation Reserve.

 

Proposed by Councillor Greenwood

Seconded by Councillor Robinson

 

andRESOLVED that the Executive:

 

1.     note the requirement for a county wide LGR Implementation Reserve;

 

2.     approve, for recommendation to Council, the establishment of an implementation reserve of £1.6million, to fund the Council’s contribution to the LGR implementation costs;

 

3.     delegate authority to the Interim Director Resources in consultation with the Portfolio Holder for Resources to pay appropriate contributions to Cumbria County Council;

 

4.     note the governance arrangements and scheme of delegation regarding the use of the reserve as set out in the report (Paragraph 4.8 and associated appendices);

 

5.     delegate responsibility to the Assistant Director of Legal & Democratic Services in consultation with the Resources Portfolio Holder, to agree the terms, and sign the Memorandum of Understanding for the Implementation Reserve

 

Reasons for Decision/ Recommendation: To approve the County Wide Implementation Reserve to support LGR in Cumbria and to approve the required delegations and governance arrangements for the reserve.

 

E/67/11/21

Q2 - Revised Budget 2021/22 & MTFP pdf icon PDF 1 MB

To consider the report of the Interim Director of Resources which will be sent ‘to follow’.

Minutes:

Members considered Report No: F39/21 of the Interim Director of Resources which sought to:

 

1.     consider Quarter 2 monitoring and a number of additional factors affecting the in-year budget position for both revenue and capital.

 

2.     To seek approval for the revised capital and revenue budget for 2021/22.

 

3.     To consider the impact that the revised budget and additional factors have on the Council’s Medium Term Financial Plan (MTFP).

 

Proposed by Councillor Greenwood

Seconded by Councillor Taylor

 

and RESOLVED that Executive:

 

2.1 Note the Outturn Position 2020/21 set out at 4.8;

 

2.2 Endorse the LGR implementation reserve of £1.6m and recommend approval by Council;

 

2.3 Endorse the new corporate priority budgets set out at 4.20, to be funded through earmarked reserves, to include those for the Economic Development Framework considered earlier on the Agenda and recommend approval by Council;

 

2.4 Note the Quarter 2 forecast outturn position for revenue as set out at Appendix 1;

 

2.5 Endorse the revised revenue budget 2021/22 set out at Appendix 2 and recommend approval by Council;

 

2.6 Note the Quarter 2 Capital Monitoring position as set out at Appendix 3;

 

2.7 Endorse the revised capital programme as set out at Appendix 4, including the new scheme for Electric Vehicle Charging Points at Appleby £113k and recommend approval by Council;

 

2.8 Note the revised MTFP as set out in Appendix 5;

 

2.9 Note the revised Reserves and Balances position as set out in Appendix 6;

 

2.10 Note the Medium Term Financial Strategy set out from paragraph 4.44.

 

Reasons for Decision/ Recommendation: To establish the strategic basis for the start of the budget setting and medium term planning process for 2021/22.

E/68/11/21

Any Other Items which the Chairman decides are urgent

Minutes:

There were no other items which the Chairman felt were urgent.

E/69/11/21

Date of Next Scheduled Meeting

The date of the next scheduled meeting of the Executive be confirmed as December 21 2021

Minutes:

The date of the next scheduled meeting of the Executive be confirmed as December 21 2021.