Agenda and draft minutes

No apologies for absence were received.

RECOMMENDATION that the public minutes CAB/42/10/22 to CAB/53/10/22 of the meeting of the Cabinet held on the 18^th October 2022 be confirmed and approved by the Chair as a correct record of those proceedings (copies previously circulated).

Proposed by Councillor Taylor

Seconded by Councillor Greenwood

andRESOLVED that the public minutes CAB/42/10/22 to CAB/53/10/22 of the meeting of this Cabinet held on 18^th October 2022 be confirmed and signed by the Chair as a correct record of those proceedings.

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.

Councillor Sharp declared an interest in agenda item 11 due to her role as secretary of the Alston Recreation Ground.

To receive questions and representations from the public under Rule 5 of the Cabinet (Executive) Procedure Rules of the Constitution.

Councillor Jonathan Davies submitted the following question under Rule 5 of the Cabinet (Executive) Procedure Rules of the Constitution:

I would like to put forward a question for the leader of Eden Council on behalf of Evolve Penrith.

Eden Council has over the last Two years continued with its plans for Voreda House despite original planning applications been refused by this very council.

Eden council as the developer was then forced to change the plans for Voreda House after issues emerged that the original plans would risk crushing the building with the weight of the proposed cladding.

Despite LGR Eden council has ploughed on with its single site plans.

Now it has emerged that the building had asbestos not discovered until demolition work was underway and then the discovery the building structural integrity has been compromised.

This now resulting in cost increases of £1.47 million.

Can the leader confirm the level of pre purchase and pre work commencement building surveys and due diligence that was conducted by Eden council and why the number of structural related issues from asbestos to the integrity of the building was not known before a single screw was removed from the original Voreda House building.

The Leader of the Council responded as follows:

Thank you for your question which I am pleased to answer, as no one is more disappointed than I am, that costs have risen to deliver the project.

In terms of the initial due diligence, I can confirm that in September 2019 a Valuation Report and a full building ‘General and Structural Condition Report’ were commissioned from our property advisors Walton Goodland prior to the purchase for Voreda House being agreed. 

I can also confirm that, as a follow up to the initial survey, and to provide further assurances, a specific asbestos survey was commissioned from specialist consultants which identified a small quantity of low risk asbestos material associated with the buildings heating system.  This survey was also undertaken prior to entering into the construction contract.  The material was removed safely, by the construction contractor, as part of the internal demolition of the building and was not significant in terms of, quantity, cost or programme.  During this process no further asbestos materials were detected.

In August 2021, the Council commissioned a drainage survey which identified some silting of the drains but did not identify the presence of asbestos.

In addition to the asbestos related surveys the Council also commissioned, electrical and lift surveys as part of the approach to due diligence.

The fact is that the additional asbestos and structural issues that are contributing to the increase in costs were not and could not have been identified prior to construction commencing and were uncovered when the main fabric of the building was being stripped back and groundworks carried out.  This required further tests and surveys to be undertaken to establish the structural integrity of the building following historical damage identified to the main supports  and impact of carbonisation.  When the building was  ...  view the full minutes text for item CAB/57/11/22

To receive questions and representations from Members under Rule 4 of the Cabinet (Executive) Procedure Rules of the Constitution.

Question 1:

Councillor Joan Raine asked the following question:

Agenda item 11 Eden Play area Improvement Fund Recommendations. 

1.2 The report seeks to increase the maximum award from £10,000 to £12,500 that broadly reflects inflationary increases since it’s interception in 2013/14.    

3.1 The Eden play area fund was established at the start of the financial year 2022/2023.

3.2 A total of £100-000 was available for the play area improvement fund at the start of the current financial year of 2022/2023.

Could the community portfolio member explain why on the 9^th of September 2022 Crosby Ravensworth play area refurbishment group were advised to apply to the community fund for a grant as the play area fund was not open due to the fact the terms and conditions had not been agreed.

The Communities Portfolio Holder responded as follows:

It is felt that there has been an element of misunderstanding in this question being asked. The Communities Team has been in regular touch with the Crosby Ravensworth Group, including Councillor Raine for a good number of months and has always recommended an application to the Playground Fund rather than the Community Fund.

It was resolved when the Playground Fund was established that the Eden Community Fund Panel would be used to assess all applications for the Playground Fund as they had considered a large number of Play Area Grant Applications previously.  The original intention was to have the application process for the Playground Fund to open in April to be considered by the first Community Fund Panel meeting for 2022/23 in June. However, this was delayed due to the officer team concentrating on distributing the Jubilee Grant fund at that time.

The result being that the first application deadline for the Playground Fund was the 9 September 2022 for the Panel meeting on 3 October 2022 with the recommendations being submitted to the November Cabinet.  I am pleased to say that the report at item 11 on tonight’s agenda recommends to Cabinet that Crosby Ravensworth Parish Council is awarded the full £10,000 applied for under the Playground Fund.

Councillor Joan Raine asked the following supplementary question:

Why was this fund not advertised in April, we were very late in finding about it?

The Communities Portfolio Holder advised that a written response would be provided.

Question 2:

Councillor Joan Raine asked the following question:

Due to the short time frame between the agenda being published and this meeting Crosby Ravensworth Play area group haven’t had the opportunity to obtain revised quotes, our last quote in August had increased by £6,000 in a time frame of 4 months, we are expecting a similar increase in the next quote.                                                                                                                                                                               The cabinet has quite rightly acknowledged inflation, the delay in that acknowledgement has already created a disadvantaged to Crosby Ravensworth play area renovation group.

Will this cabinet consider increasing the maximum amount of £10-000 applied for by Crosby Ravensworth play area group in line with the new maximum of £12-500 to neutralize the disadvantage  ...  view the full minutes text for item CAB/58/11/22

To consider the report no: DCE52/22 of the Deputy Chief Executive, which seeks to provide an update on the achievement of the project objectives for the Voreda House project, and a construction programme and budget progress report.

RECOMMENDATION:

It is recommended that Cabinet:

1.    Notes the delivery of the key project objectives.

2.    Recommends to Council a variation in the capital programme to enable the completion of the project as detailed in section 8.3.

3.    Recommends to Council an amendment in funding as set out in 8.5.

4.    Agrees to receive an update on the Single Site Programme transitional arrangements in January 2023.

Members considered report no: DCE52/22 of the Deputy Chief Executive, which sought to provide an update on the achievement of the project objectives for the Voreda House project, and a construction programme and budget progress report.

The Resources Portfolio Holder noted that the Council’s current offices had mobility issues, high heating costs and was expensive to maintain. Further that with LGR progressing it was extremely important that the residents of Eden had a central point whereby services and accessibility could be maintained locally.

The Deputy Chief Executive advised that even with the increased capital costs identified, technical issues and inflationary pressures, the business case for Voreda House had actually strengthened. The Interim Director of Resources noted that this was due to the building having a Passivhaus design and good green credentials, which meant that the savings would be able to be drawn over time.

A Member asked about the timescale for completion. The Deputy Chief Executive advised that in the absence of any further technical issues the Council was looking to a completion date of the end of March 2023.

Proposed by Councillor Greenwood

Seconded by Councillor Robinson

and RESOLVED that Cabinet:

1.        Notes the delivery of the key project objectives.

2.        Recommends to Council a variation in the capital programme to enable the completion of the project as detailed in section 8.3.

3.        Recommends to Council an amendment in funding as set out in 8.5.

4.        Agrees to receive an update on the Single Site Programme transitional arrangements in January 2023.

Reasons for the Decision/ Recommendation:

To deliver the vision for Voreda House project as a low carbon, fit for purpose

public service hub for residents of Eden, the rationale for which has been

strengthened by the outcome of LGR.

To consider report no: DCE49/22 of the Assistant Director Development, which seeks to present for noting and approval updates on the:

·       Inspiring Eden Delivery Programme

·       Inspiring Eden Enterprise Hub Levelling Up Bid

·       Inspiring Eden UK Shared Prosperity Fund

·       Penrith Borderlands Inclusive Growth Deal

·       Inspiring Eden Investment Zone submission

As well as driving local economic recovery and prosperity Inspiring Eden will ensure Eden District Council is well placed to shape the economic policy focus and associated work streams as part of both the local government reorganisation process across Cumbria.

RECOMMENDATION:

It is recommended that:

1.    The position of the Inspiring Eden Delivery Programme, as detailed in Section 3.1 of this report, be noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to continue to drive delivery.

2.    The position regarding the Inspiring Eden Enterprise Hub, as detailed in Section 3.2 of this report, be noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to continue to develop the project. This will include undertaking negotiations with the landowner as the basis for producing a draft heads of terms for consideration by Cabinet.

3.    The position of the UKSPF, as detailed in Section 3.3 of this report, be noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to agree the allocation of funding for the current financial year.

4.    The update on the UK Shared Prosperity Fund Rural Top Up to the investment plans submitted by Eden District Council as detailed in section 3.4 of this report be noted.

5.    Authority be delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to give consent on behalf of Eden District Council to the final UK Shared Prosperity Fund Rural Top Up Addendum to the Eden investment plans and to the submission of those plans to DLUHC by 30 November 2022.

6.    The position of the Penrith Borderlands Inclusive Growth Deal, as detailed in Section 3.4 of this report, be noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to continue to work with partners to develop projects for inclusion in a draft Investment Plan.

7.    The position of the Inspiring Eden Investment Zone submission, as detailed in Section 3.1.3 (Sites and Premises section) of this report, be noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to continue to work with partners to develop the proposal ready for final sign off by Cabinet.

Members considered report no: DCE49/22 of the Assistant Director Development, which seeks to present for noting and approval updates on the:

·       Inspiring Eden Delivery Programme

·       Inspiring Eden Enterprise Hub Levelling Up Bid

·       Inspiring Eden UK Shared Prosperity Fund

·       Penrith Borderlands Inclusive Growth Deal

·       Inspiring Eden Investment Zone submission

The Portfolio Holder for Economy and Enterprise, noted that significant progress had been made on the 126 expressions of interest received, part of which included funding of £100 000 investment as part of Appleby Town Council’s improvement of the cloisters as a legacy project, £75 000 for Newton Rigg to deliver the training centre initiative at the Appleby Heritage Centre, and £ 8000 to support Inspira in delivering training and support to local young people. 

The Portfolio Holder for Economy and Enterprise noted her thanks to the officers for their work and to the MP Neil Hudson for his support.

The Portfolio Holder for Communities expressed her thanks for the investment in the Eden Youth Hub, as well as for the funds earmarked for the transporting of 16-19 year olds to educational facilities.

Proposed by Councillor Robinson

Seconded by Councillor Taylor

and RESOLVED that Cabinet:

1.     The position of the Inspiring Eden Delivery Programme, as detailed in Section 3.1 of this report, is noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to continue to drive delivery.

2.     The positon regarding the Inspiring Eden Enterprise Hub, as detailed in Section 3.2 of this report, is noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to continue to develop the project. This will include undertaking negotiations with the landowner as the basis for producing a draft heads of terms for consideration by Cabinet.

3.     The position of the UKSPF, as detailed in Section 3.3 of this report, is noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to agree the allocation of funding for the current financial year.

4.     The update on the UK Shared Prosperity Fund Rural Top Up to the investment plans submitted by Eden District Council as detailed in section 3.4 of this report is noted.

5.     Authority is delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to give consent on behalf of Eden District Council to the final UK Shared Prosperity Fund Rural Top Up Addendum to the Eden investment plans and to the submission of those plans to DLUHC by 30 November 2022.

6.     The position of the Penrith Borderlands Inclusive Growth Deal, as detailed in Section 3.4 of this report, is noted with authority delegated to the Assistant Director Development, in consultation with the Portfolio Holder for Economy and Enterprise, to continue to work with partners to develop projects for inclusion in a draft Investment Plan.

7.     The position of the Inspiring Eden Investment Zone submission, as detailed in  ...  view the full minutes text for item CAB/60/11/22

To consider report no: DoR81/22, of the Interim Director of Resources, which seeks to provide a summary of progress against the Council’s current performance targets, for the period 1 July 2022 – 30 September 2022.

To inform the Cabinet and Overview and Scrutiny Committee of any areas of concern or issues requiring attention and the remedial activity in place to deal with these. Additionally, to highlight areas that are working well or any achievements gained during the quarter.

RECOMMENDATION:

Cabinet are recommended to note the progress for Quarter 2 2022/2023.

Members considered report no: DoR81/22, of the Interim Director of Resources, which sought to provide a summary of progress against the Council’s current performance targets, for the period 1 July 2022 – 30 September 2022 and to inform the Cabinet and Overview and Scrutiny Committee of any areas of concern or issues requiring attention and the remedial activity in place to deal with those. Additionally, to highlight areas that are working well or any achievements gained during the quarter.

The Housing and Health Portfolio Holder noted the increase in temporary accommodation and thanked officers and Eden Housing Association for their work in ensuring that needs households were supported.

The Communities Portfolio Holder noted her thanks for the work on progressing the Appleby Football Pitch.

The Services Portfolio Holder expressed his thanks to Council officers for the focus on waste collection services.

Proposed by Councillor Taylor    

Seconded by Councillor Greenwood

and RESOLVED that Cabinet note the progress for Quarter 2 2022/2023.

Reasons for the Decision/ Recommendation:

To advise Members of progress against outcomes.

To consider report no: DoR85/22 of the Interim Director of Resources, which seeks to provide information on the spend and income compared to budget, up to the 30^th September 2022, including highlighting any pressures, risk and savings.

RECOMMENDATION:

It is recommended that Cabinet:

1.    Note the Quarter 2 forecast revenue outturn position as set out at Appendix 1.

2.    Note the Quarter 2 Capital Monitoring position, set out at Appendix 2.

3.    Note the pressures, savings and additional income, set out in sections 3.9 to 3.11.

Members considered report no: DoR85/22 of the Interim Director of Resources, which sought to provide information on the spend and income compared to budget, up to the 30^th September 2022, including highlighting any pressures, risk and savings.

The Resources Portfolio Holder noted that after adjustments for the LGR reserve there was a revenue underspend of £508 000. Of this amount, £208 000 related to projects where the planning phase had taken place in the first half of the year and were now being launched, £26 000 related to resourcing of corporate priorities where resources had been now procured and were due to be commenced in order to achieve the said priorities, and a further £120 000 was additional income received from treasury management.

The Resources Portfolio Holder noted further that the 2022/2023 annual pay award had been agreed, which would add an additional £300 000 to the forecast overspend, and expressed her thanks to senior officers for their work.

Proposed by Councillor Greenwood

Seconded by Councillor Tonkin

and RESOLVED that Cabinet:

1.     Note the Quarter 2 forecast revenue outturn position as set out at Appendix 1.

2.     Note the Quarter 2 Capital Monitoring position, set out at Appendix 2.

3.     Note the pressures, savings and additional income, set out in sections 3.9 to 3.11.

Reasons for the Decision/Recommendation:

To update the budget for agreed changes and know pressures to ensure that

the Council has an up to date budget for planning and reporting purposes.

To consider report no: DoR78/22 of the Assistant Director Customers, Performance & Housing, which seeks approval of the updated Domestic Abuse Policy and delegated approval for the associated Domestic Abuse Procedures.

RECOMMENDATION:

 It is recommended that Cabinet:

1.    Approve the Domestic Abuse Policy attached at Appendix A.

2.    That approval of the Domestic Abuse Procedures be delegated to the Safeguarding Lead and Portfolio Holder for Communities.

Members considered the report no: DoR78/22 of the Assistant Director Customers, Performance & Housing, which sought approval of the updated Domestic Abuse Policy and delegated approval for the associated Domestic Abuse Procedures.

The Communities Portfolio Holder stressed the policy’s importance in ensuring that the councils’ employees received adequate safeguarding support and guidance.

Proposed by Councillor Sharp

Seconded by Councillor Greenwood

and RESOLVED that Cabinet:

1.     Approve the Domestic Abuse Policy attached at Appendix A.

2.     That approval of the Domestic Abuse Procedures be delegated to the Safeguarding Lead and Portfolio Holder for Communities.

Reasons for the Decision/Recommendation:

As a Council we are committed to improving employee wellbeing.

To consider the report no: DCE51/22 of the Assistant Director Communities, which seeks approval of grant funding awards from the Eden Play Area Improvement Fund to the two projects set out in Appendix A.

The report also seeks approval to increase the maximum award from £10,000 to £12,500 that broadly reflects inflationary increases since its inception in 2013/14.

RECOMMENDATION:

It is recommended that:

1.    Grants from the Eden Play Area Improvement Fund be agreed for two projects set out in Appendix A, to a total of £20,000.

2.    The maximum grant that applicants can apply for be increased from £10,000 to £12,500 for future tranches.

Members considered report no: DCE51/22 of the Assistant Director Communities, which sought approval of grant funding awards from the Eden Play Area Improvement Fund to the two projects set out in Appendix A.

The report also sought approval to increase the maximum award from £10,000 to £12,500 that broadly reflected inflationary increases since its inception in 2013/14.

The Communities Portfolio Holder proposed the following amendment to the recommendations in the report:

1.     The maximum grant that applicants can apply for be increased from £10,000 to £12,500.

2.     That the value of the recommended award for the two applications set out in Appendix A are increased from £10,000 to £12,500.

3.     Grants from the Eden Play Area Improvement Fund be agreed for two projects set out in Appendix A, to a total of £25,000.

*Councillor Sharp abstained from the vote, having previously declared an interest.

Proposed by Councillor Sharp

Seconded by Councillor Taylor

and RESOLVED that the recommendation be amended.

Proposed by Councillor Sharp

Seconded by Councillor Tonkin

and RESOLVED that Cabinet approve the amended recommendation.

Reasons for the Decision/Recommendation:

Two applications are recommended for funding as outlined in Appendix A

following consideration by the Eden Play Area Improvement Fund Partnership

Panel.

To consider report no: DCE50/22, of the Assistant Director Communities, which seeks approval approval of grant funding awards from the Council’s Community Fund to the five projects set out in Appendix A.

The report also seeks approval to increase the maximum award from £10,000 to £12,500 that broadly reflects inflationary increases since its inception in 2013/14.

RECOMMENDATION:

It is recommended that:

1.    Grants from the Council’s Community Fund be agreed for five projects set out in Appendix A, to a total of £37,313.20.

2.    The maximum grant that applicants can apply for to be increased from £10,000 to £12,500 for future tranches.

Members considered report no: DCE50/22, of the Assistant Director Communities, which sought approval of grant funding awards from the Council’s Community Fund to the five projects set out in Appendix A.

The report also sought approval to increase the maximum award from £10,000 to £12,500 that broadly reflects inflationary increases since its inception in 2013/14.

Proposed by Councillor Sharp

Seconded by Councillor Rudhall

and RESOLVED that:

1.     Grants from the Council’s Community Fund be agreed for the five projects set out in Appendix A, to a total of £37,313.20.

2.     The maximum grant that applicants can apply for be increased from £10,000 to £12,500 for future tranches.

Reasons for the Decision/Recommendation:

Five applications are recommended for funding as outlined in Appendix A

following considered by the Community Fund Partnership Panel.

None.

The date of the next scheduled meeting of Cabinet be agreed as the 20th December 2022.

The date of the next scheduled meeting of Cabinet was confirmed as Tuesday, 20^th December 2022.