Agenda and draft minutes

 Apologies were received from Councillors:

Councillor L Sharp

Councillor M Robinson

RECOMMENDATION: that the public minutes CAB/68/02/23 to CAB/78/02/23 of the meeting of Cabinet held on 14 February 2023 be confirmed and approved by the Chair as a correct record of those proceedings (copies previously circulated)

Proposed by Councillor V Taylor

Seconded by Councillor J Derbyshire

andRESOLVED that the public minutes CAB/68/02/23 to CAB/78/02/23 of the meeting of Cabinet held on 14 February 2023 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.

There were no declarations of interest received.

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 on notice under Rules 3 and 4 of the Executive Procedure Rules of the Constitution:

The leader and this administration since 2019 have pushed forward with the single site plans for Eden Council and the multimillion pound Voreda House project. Multiple completion dates have come and gone the last date given at cabinet held in Appleby last yet at was the 31st of March 2023. The date set as the final day of Eden Council’s existence. It’s clear walking into the town hall this evening that Voreda House will not be completed by the 31st of March 2023. Can the leader please inform us all at to what is the expected date Voreda House as the legacy of this administration will now be completed?

The Leader of the Council gave the following response:

The last reported position on Voreda House to Cabinet was in the Quarter 3 performance report in February which stated handover was expected in April. The construction programme has been reviewed and due to cold weather delaying laying of concrete and issues with the supply of some materials, practical completion of the work is now expected in June.  The legacy of this administration in respect of Voreda House has already been secured with Westmorland and Furness Council identifying Voreda House as one of the four hub buildings for the new authority.  This delivers our commitment of maintaining a substantial Council presence in Penrith Town Centre.

Councillor Jonathan Davies asked the following supplementary question:

Obviously there is a new planning application gone forward for Voreda House, is the date of June now given still expected to happen that the application is to be determined.

The Leader of the Council advised that a written answer would be provided.

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

There were no questions from Members.

To consider Report No: DCE10/23 of the Assistant Director Development which seeks Cabinet’s support for the adoption of the character appraisal and management plan report for Alston conservation area.

RECOMMENDATION: it is recommended that:

1.     Cabinet adopts the character appraisal and management plan report set out in Appendix 2 and issue an adoption statement.

2.     Cabinet delegates authority to the Assistant Director Development to make minor amendments to correct factual errors or improve the clarity of the document prior to publication.

Members considered report no: DCE10/23 of the Assistant Director Development, which sought Cabinet’s support for the adoption of the character appraisal and management plan report for Alston conservation area.

The Leader of the Council introduced the report and briefly summarised its contents.

The Leader thanked officers for their work and queried whether the character appraisal and management plan constituted a planning document. The Deputy Chief Executive clarified that it constituted supplementary planning guidance.

Proposed by Councillor V Taylor

Seconded by Councillor K Greenwood

andRESOLVED that:

1.     Cabinet adopts the character appraisal and management plan report set out in Appendix 2 and issue an adoption statement; and

2.     Cabinet delegates authority to the Assistant Director Development to make minor amendments to correct factual errors or improve the clarity of the document prior to publication.

Reasons for the Decision/Recommendation:

To comply with legal requirements and enable the character appraisal and management Plan to be used in planning decision-making and provide applicants with clear guidance when submitting planning applications.

To consider Report No: DoR07/23 of the Assistant Director Legal & Democratic Services which seeks to consider the nomination of The George Hotel, Orton, as an Asset of Community Value under the Localism Act 2011.

RECOMMENDATION: It is recommended that the nomination of The George Hotel, Orton, as an asset of community value be accepted.

Members considered report no: DoR07/23 of the Assistant Director Legal & Democratic Services, which sought to consider the nomination of The George Hotel, Orton, as an Asset of Community Value under the Localism Act 2011.

The Portfolio Holder for Resources introduced the report and enquired from whether any comments were received on the application for nomination. The Monitoring Officer noted that no comments had been received.

Proposed by Councillor K Greenwood

Seconded by Councillor M Tonkin

andRESOLVED by Cabinet that the nomination of The George Hotel, Orton, as an asset of community value be accepted.

Reasons for the Decision/Recommendation:

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

2.     It is clear from the information provided that the pub is used for events and activities, which can be said to go beyond a mere public house and further the social interests of the community. Therefore, it is considered that the nomination should be accepted. However, the Council should take account of all the representations received with reference to this application in coming to their decision.

To consider Report No: DCE/07/23 of the Interim Assistant Director Communities which seeks Cabinet approval to draw down a further £200k from the agreed initial capital allocation of £750k for the preliminary ‘accommodation works’ required following the move to Voreda House and in preparation for the proposed Test Bed for possible future use of Penrith Town Hall as a potential arts and cultural venue as agreed by Cabinet on 19 April 2022.

In addition, to extend the current contract with Haworth Tompkins, to act as the Council’s agent for the procurement and delivery of the preliminary ‘accommodation works’.

RECOMMENDATION: It is recommended that Cabinet approve:

1.     The draw down a further £200k from the capital programme allocation of £750k for the refurbishment of the Town Hall.

2.     To extend the contract with Haworth Tompkins to act as the Council’s agent for the procurement and delivery of the preliminary ‘accommodation works’.

Members considered report no: DCE/07/23 of the Interim Assistant Director Communities, which sought Cabinet approval to draw down a further £200k from the agreed initial capital allocation of £750k for the preliminary ‘accommodation works’ required following the move to Voreda House, and in preparation for the proposed Test Bed  for possible future use of Penrith Town Hall as a potential arts and cultural venue as agreed by Cabinet on 19 April 2022. In addition, to extend the current contract with Haworth Tompkins, to act as the Council’s agent for the procurement and delivery of the preliminary ‘accommodation works’.

The Leader of the Council introduced the report.

Proposed by Councillor V Taylor

Seconded by Councillor M Rudhall

andRESOLVED that Cabinet approve:

1.    The draw down a further £200k from the capital programme allocation of £750k for the refurbishment of the Town Hall; and

2.    Extend the contract with Haworth Tompkins to act as the Council’s agent for the procurement and delivery of the preliminary ‘accommodation works’.

Reasons for the Decision/Recommendation:

The recommendations set out in this report seek to fulfil the aspirations of Eden District Council to develop and deliver initiatives around the Arts and Cultural sectors as stated in the Corporate Plan 2019 - 2023.

To consider Report No: DCE14/23 of the Assistant Director Development which seeks to present the findings from the S106 Task and Finish Group.

RECOMMENDATION: It is recommended that Cabinet invite the Cabinet of Westmorland and Furness Council to note the recommendations set out in the final report of the s106 Task and Finish Group to consider or take account of them in formulating future policy.

Members considered report no: DCE14/23 of the Assistant Director Development, which sought to present the findings from the S106 Task and Finish Group.

The Leader of the Council introduced the report and invited the Portfolio Holder for Housing to comment on the utilisation of Section 106 funds by the authority.

The Leader of the Council expressed thanks to the Section 106 Task and Finish Group for their work in producing the report.

Proposed by Councillor V Taylor

Seconded by Councillor J Derbyshire

andRESOLVED that Cabinet, invite the Cabinet of Westmorland and Furness Council to note the recommendations set out in the final report of the s106 Task and Finish Group to consider or take account of them in formulating future policy.

To consider Report No: DCE11/23 of the Interim Assistant Director Communities which seeks approval of grant funding awards from the Council’s Community Fund to seven of the nine projects set out in Appendix A.

RECOMMENDATION: It is recommended that Cabinet:

1.     Agree the panel recommendations for approval of the five projects as set out in Appendix A.

2.     To note the panel recommendation re: the submission from Ainstable Parish Council and following consultation with the Communities Portfolio Holder, approve this project for funding given there will not be an opportunity for the panel to review this project before LGR implementation.

3.     To note the panel recommendation re: the submission from Barton and Pooley Bridge Community Fund CIO and following consultation with the Communities Portfolio Holder, approve this project for funding given that this will be a pilot project of considerable potential benefit to the community.

4.     To approve total funding of £71,839.64, leaving residual funds of £90.88.

Members considered report no: DCE11/23 of the Interim Assistant Director Communities, which sought approval of grant funding awards from the Council’s Community Fund to seven of the nine projects set out in Appendix A.

The Green Growth Portfolio Holder introduced the report.

Proposed by Councillor M Rudhall

Seconded by Councillor J Derbyshire

andRESOLVED that Cabinet:

1.    agree the panel recommendations for approval of the five projects as set out in Appendix A; and

2.    note the panel recommendation re: the submission from Ainstable Parish Council and following consultation with the Communities Portfolio Holder, approve this project for funding given there will not be an opportunity for the panel to review this project before LGR implementation; and

3.    note the panel recommendation re: the submission from Barton and Pooley Bridge Community Fund CIO and following consultation with the Communities Portfolio Holder, approve this project for funding given that this will be a pilot project of considerable potential benefit to the community; and

4.    approve total funding of £71,839.64, leaving residual funds of £90.88

To consider Report No: DCE12/23 of the Interim Assistant Director Communities which seeks approval of grant funding awards from the Eden Play Area Improvement Fund to the seven projects set out in Appendix A.

RECOMMENDATION: It is recommended that Cabinet:

1.     Agree the panel recommendations for approval of the eight projects as set out in Appendix A.

2.     To note the panel recommendation re: the submission from Ousby Parish Council regarding the request for resurfacing works (£1,465), and following consultation with the Communities Portfolio Holder offer the residual funding available from this grants programme of £1,294 as a contribution to this project, given there will not be an opportunity for the panel to review this project before LGR implementation.

Members considered report no: DCE12/23 of the Interim Assistant Director Communities, which sought approval of grant funding awards from the Eden Play Area Improvement Fund to the seven projects set out in Appendix A.

The Leader of the Council introduced the report and noted the importance of the fund to the Communities Portfolio Holder and the communities, which benefited from the fund, particularly children.

Proposed by Councillor V Taylor

Seconded by Councillor M Tonkin

andRESOLVED that Cabinet:

1.    agree the panel recommendations for approval of the eight projects as set out in Appendix A; and

2.    note the panel recommendation re: the submission from Ousby Parish Council regarding the request for resurfacing works (£1,465), and following consultation with the Communities Portfolio Holder offer the residual funding available from this grants programme of £1,294 as a contribution to this project, given there will not be an opportunity for the panel to review this project before LGR implementation.

To consider Report No: DCE08/23 of the Interim Assistant Director Communities which seeks approval £25,000 virement of capital budget in 2022/23 for the repair the field drainage at Appleby King George V playing field.

It is proposed the £25k budget is to be use as grant funding for a complimentary project on the same site, installing a 5-a-side sized 3G all-weather pitch and improvements to the Club House.

The 3G pitch project will require external funding and therefore won’t be completed in 2022/23 so approval will be needed to re-profile the budget to 2023/24.

RECOMMENDATION:

1.     To approve a capital virement of £25,000 for a grant toward a 3G pitch on the Appleby King George V playing from the budget for repairs on the same site.

2.     To further approve the re-profiling of the vired budget to 2023/24.

Members considered report no: DCE08/23 of the Interim Assistant Director Communities, which sought approval £25,000 virement of capital budget in 2022/23 for the repair the field drainage at Appleby King George V playing field.

It was proposed that the £25k budget was to be used as grant funding for a complimentary project on the same site, installing a 5-a-side sized 3G all-weather pitch and improvements to the Club House. The 3G pitch project will require external funding and therefore won’t be completed in 2022/23 so approval would be needed to re-profile the budget to 2023/24.

The Portfolio Holder for Services introduced the report.

Councillor Greenwood expressed her thanks for the Leisure Team’s work on the project.

Councillor Tonkin enquired where the 3G pitch was located. The Deputy Chief Executive noted that the information would be provided to Cabinet Members.

Proposed by Councillor M Tonkin

Seconded by Councillor M Rudhall

andRESOLVED that Cabinet:

1.    approve a capital virement of £25,000 for a grant toward a 3G pitch on the Appleby King George V playing from the budget for repairs on the same site; and

2.    further approve the re-profiling of the vired budget to 2023/24.

To consider Report No: DoR08/23 of the Assistant Director Customers, Performance & Housing which seeks funding from the Community Housing Fund and retained s106 receipts, to support the delivery of approximately 10 affordable housing units in Glenridding for people with a local connection to the parish.

RECOMMENDATION: It is recommended that:

1. Approval of £220,000 funding for Patterdale Parish Community Land Trust, to enable the delivery of 10 affordable homes at Greenside Road, Glenridding.

2. The funding to be allocated as follows - £20,000 from the Community Housing Fund, and the remaining £200,000 to be funded from retained s.106 receipts.

3. That funding is subject to the completion of a funding agreement with delegation to the Assistant Director Legal and Democratic Services to draft and approve terms.

Members considered report no: DoR08/23 of the Assistant Director Customers, Performance & Housing that sought funding from the Community Housing Fund and retained s106 receipts, to support the delivery of approximately 10 affordable housing units in Glenridding for people with a local connection to the parish.

The Portfolio Holder for Housing introduced the report.

The Leader of the Council expressed her thanks to the Assistant Director Customers, Performance and Housing for their work.

Proposed by Councillor J Derbyshire

Seconded by Councillor V Taylor

andRESOLVED that Cabinet grant:

1.    approval of £220,000 funding for Patterdale Parish Community Land Trust, to enable the delivery of 10 affordable homes at Greenside Road, Glenridding; and

2.    the funding to be allocated as follows - £20,000 from the Community Housing Fund, and the remaining £200,000 to be funded from retained s.106 receipts; and

3.    that funding is subject to the completion of a funding agreement with delegation to the Assistant Director Legal and Democratic Services to draft and approve terms.

There were no other urgent items of business.