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Agenda and minutes

Venue: Town Hall, Penrith

Contact: Members Services 

Items
No. Item

E/49/11/19

Apologies for Absence

Minutes:

There were no apologies for absence received at this meeting.

E/50/11/19

Minutes

RECOMMENDATION that the public minutes E/39/10/19 to E/48/10/19 of the meeting of the Executive held on 8 October 2019 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).

 

Minutes:

RESOLVED that the minutes E/39/10/19 to E/48/10/19 of the meeting of the Executive held on 8 October 2019 be confirmed and approved by the Chairman as a correct record of those proceedings.

E/51/11/19

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:

Councillor Sharp declared an other registrable interest in Agenda Item 11 as she is the Chair and a Trustee of Fairhill Recreation Ground. She stated that she would leave the Chamber during this item.

E/52/11/19

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:

No questions or representations from the public had been received under Rules 3 and 4 of the Executive Procedure Rules of the Constitution.

E/53/11/19

Questions from Members

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

 

Minutes:

The following questions from Members had been received under Rule 5 of the Executive Procedure Rules of the Constitution:

 

1.    Councillor Eyles asked the following question of the Leader:

 

“Will the report under consideration this evening, G73/19, Heart of Cumbria Ltd Review, be put to the whole council for debate?”

 

The Leader responded as follows:

 

“The matters in the report require decisions from the Executive rather than the whole council, and on this basis, it is not proposed to put the matter to Council for debate”.

 

No supplementary question was asked.

 

2.         Councillor Eyles asked the following question of the Eden Development Portfolio Holder:

 

“The Two Lions public house, now closed, is, I understand, a listed building mainly because of the historical value of at least one of its ceilings. From looking through the windows it is evident that the interior is rapidly deteriorating. What enforcement action has the council taken to compel the owner to undertake remedial action to preserve this important building? If none, then will the Executive consider asking its officers to take such action?”

 

Councillor Rudhall responded as follows:

 

“Thank you for this question. To date the Council has not taken any formal action to preserve the interior of the Two Lions Building.  I am informed that an urgent works notice should generally be restricted to urgent repairs to keep a building wind and weather-proof and safe from collapse, or action to prevent vandalism or theft. The steps taken should be consistent with achieving this objective. Officers will be asked to consider whether the building’s current condition provides for further action to be taken as regards the powers that the Local Authority has at its disposal.”

 

Councillor Eyles then asked a supplementary question asking if it can be confirmed that Eden District Council are the owners of the building and should any action be taken against the owner or the leassee.

 

Councillor Rudhall responded that Eden District Council were the owners and officers will decide if any action should be taken. He advised that Eden’s obligation was to ensure that the property was watertight and structurally sound.

 

3.         Councillor Eyles asked the following question of the Commercial Services Portfolio Holder:

 

“Although long described as a Market Town, Penrith can no longer make such a claim without a thriving market. The once large market at the Auction Mart on the outskirts of Penrith is a shadow of its former self and Great Dockray has not been used for that purpose for many years. Will the Executive member responsible for such things look at places like Keswick, which boasts a thriving market, and try to emulate such places to restore Penrith to its historic place as a true Market Town?”

 

“Councillor Robinson responded as follows:

 

 The large market at the Auction Mart site on the outskirts of Penrith is not run by the Council so cannot be commented on by the Council. Penrith still runs a monthly Farmers’ market which is heavily subsidised by the  ...  view the full minutes text for item E/53/11/19

E/54/11/19

Adoption of Council Plan Recommendation to Council - Leader Portfolio pdf icon PDF 3 MB

To consider report CE16/19 from the Chief Executive which is attached and which seeks approval for the adoption of the Council Plan 2019-2023.

 

RECOMMENDATION that Council be recommended to adopt the Council Plan as attached to this report at Appendix A.

Minutes:

Members considered report CE16/19 from the Chief Executive which sought approval for the adoption of the Council Plan 2019-2023.

 

Proposed by Councillor Taylor

Seconded by Councillor Sharp

 

and RESOLVED that Council be recommended to adopt the Council Plan 2019-2023.

 

Reason: To ensure that the Council Plan and the Medium Term Financial Plan are in alignment and support the delivery of the Council’s ambitions and priorities, providing the strategic framework within which the Council operates.

E/55/11/19

One Eden Case for Change - Leader Portfolio pdf icon PDF 366 KB

To consider report CE15/19 from The Chief Executive which is attached and which seeks to update members on the purpose of the One Eden Programme which is to transform Eden District Council into an organisation which is sustainable and fit for the future. It should be a Council that delivers services to meet customer’s needs - residents, businesses and partners. Additionally, the Council will have a workforce with the skills and capacity to ensure that customers’ needs are met and that the organisation is well managed and effective.

 

RECOMMENDATION that Council agree:

 

1.      the Case for Change; and

 

2.      that a business case for the One Eden programme be submitted to Council in February 2020 and shall include the detailed financial implications of the One Eden Programme.

Minutes:

Members considered report CE15/19 from the Chief Executive which sought to update members on the purpose of the One Eden Programme.

 

Proposed by Councillor Taylor

Seconded by Councillor Robinson

 

and RESOLVED that:

 

1.     the Council be recommended to approve the Case for Change

 

2.     a business case for the One Eden programme be submitted to Council in February 2020 and shall include the detailed financial implications of the One Eden Programme.

 

Reason: To enable members to give officers sufficient support for the case for change and to enable further detailed work to be carried out with a view to providing more detailed proposals to members in February 2020.

E/56/11/19

Corporate Performance Report: July to September - Leader Portfolio pdf icon PDF 597 KB

To consider report CE17/19 from the Chief Executive which is attached and which provides a summary of progress against the corporate performance targets for the period July to September 2019 and informs the Executive and Scrutiny Co-ordinating Board of any areas of concern or issues requiring attention and the remedial activity in place to deal with these.

 

RECOMMENDATION that the progress to date be noted and the action being taken to address areas of concern.

Minutes:

Members considered report CE17/19 from the Chief Executive which provided a summary of progress against the corporate performance targets for the period July to September 2019 and informed the Executive and Scrutiny Co-ordinating Board 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 Derbyshire

 

and RESOLVED that the progress to date be noted and the action being taken to address areas of concern.

 

Reason: To advise Members of progress against outcomes, including any actions being taken or planned to bring performance on track.

 

 

 

E/57/11/19

Local Development Scheme and Statement of Community Involvement - Leader Portfolio pdf icon PDF 528 KB

To consider report PP26/19 from the Assistant Director Planning and Economic Development which is attached and which sets out the Local Development Scheme (LDS) and Statement of Community Involvement in support of undertaking a full review of the Local Plan along with agreement to an indicative budget.

 

RECOMMENDATIONS that:

 

A full review of the Eden Local Plan 2014-2032 commences based on agreement of the following documents and indicative budget:

 

1.     The attached Draft Local Development Scheme (Appendix 1); and

 

2.     The attached Statement of Community Involvement (Appendix 2); and

 

3.     The indicative budget of £250,000 over the plan period with a contingency fund of £50,000.

Additional documents:

Minutes:

Members considered report PP26/19 from the Assistant Director Planning and Economic Development which set out the Local Development Scheme and Statement of Community Involvement in support of undertaking a full review of the Local Plan along with agreement to an indicative budget.

 

The Interim Assistant Director Governance clarified that although paragraph 3.13 of the report stated that the reviewed and amended Statement of Community Involvement would be the subject of a further report to full Council for adoption, the correct position is that it would require approval by the Executive rather than Council.

 

Councillor Robinson asked for a briefing session to be held in January for Members before any public consultation takes place so that they understood the process and could advise Parish Councils.

 

Proposed by Councillor Taylor

Seconded by Councillor Robinson

 

and RESOLVED that:

 

A full review of the Eden Local Plan 2014-2032 be commenced based on agreement of the following documents appended to the report and the indicative budget:

 

1.    the Draft Local Development Scheme;

 

2.    the Statement of Community Involvement; and

 

3.    the indicative budget of £250,000 over the plan period with a contingency fund of £50,000.

 

Reason: Local Planning Authorities have a statutory duty to prepare and regularly review a Local Plan every five years. The Local Development Scheme and Statement of Community Involvement are crucial parts of the Local Plan’s preparation.

 

E/58/11/19

Borderlands Place Programme pdf icon PDF 325 KB

To consider report PP32/19 from the Assistant Director Planning and Economic Development which is attached and which asks Members to approve a submission of an Expression of Interest to the Programme.

 

RECOMMENDATION that the Executive approve Penrith as the town to be included in the submission of an Expression of Interest for the Borderlands Place Programme.

Minutes:

Members considered report PP32/19 from Assistant Director Planning and Economic which sought Members’ approval to a submission of an Expression of Interest to the Programme.

 

Proposed by Councillor Robinson

Seconded by Councillor Taylor

 

and RESOLVED that Penrith be approved as the town to be included in the submission of an Expression of Interest for the Borderlands Place Programme.

 

Reason: The vitality of Eden’s Key Service Centres is a key priority for the Council, featuring in the existing Council Plan 2015-2019 and the emerging Council Plan 2019-2023 which focuses on developing plans for Eden’s four towns for the future.

 

E/59/11/19

Eden Community Fund Recommendations - Communities Portfolio pdf icon PDF 387 KB

To consider report PP31/19 from the Assistant Director Community Services which is attached and which seeks approval for the award from the Eden Community Fund of grants to the four projects set out in Appendix A of this report.

 

RECOMMENDATION that a grant from the Eden Community Fund is agreed for each of the four projects set out in Appendix A of this report, to a total of £9,545.41.

Minutes:

Councillor Sharp left the Council Chamber at 6.30pm.

 

The Assistant Director Planning and Economic Development and Principal Planning Officer (Policy) left the Council Chamber at 6.30pm. 

 

Members considered report PP31/19 from the Assistant Director Community Service which sought approval for the award from the Eden Community Fund of grants to the three projects set out in the report.

 

Proposed by Councillor Robinson

Seconded by Councillor Tonkin

 

and RESOLVED that a grant from the Eden Community Fund is agreed for each of the three projects as outlined in the report, to a total of £9,545.41.

 

Reasons:

 

 

1.     All approved projects had been considered by the Eden Community Fund Partnership Panel and recommended for support.

 

2.     One application was deferred pending clarification regarding the Community Asset Transfer Process and negotiation on the current lease to a future funding round.

 

3.     The Council has historically supported community groups and organisation that meet both the Eden Community Fund criteria and Council Plan priorities.

E/60/11/19

Heart of Cumbria Ltd Review - Leader Portfolio pdf icon PDF 3 MB

To consider report G73/19 from Director of Corporate Services which is attached and which seeks to consider the future of the Council’s wholly owned Company, Heart of Cumbria Ltd.

 

RECOMMENDATIONS that:

 

1        The findings of the review of the Company (Confidential Appendix 1) are endorsed.

 

2        The Company should continue to operate, subject to the changes included in further recommendations below.

 

3        The Company Board is strengthened to include at least five Directors, all of whom should have relevant experience. These positions would be unpaid.

 

4        Serving Councillors should not be appointed as Directors of the Company.

 

5        One member of the Executive is appointed as the Shareholder representative.

 

6        The objectives of the Company are amended to give both clarity of purpose and allow flexibility in what the Company can do.

 

7        The Articles of Association of the Company are amended (Appendix 2) and the Governance Agreement (Appendix 3) is adopted to reflect recommendations 2 to 6 above with delegated powers granted to the Assistance Director Governance to execute the Governance Agreement on behalf of the Council.

 

8          An early review of the housing management contract is carried out with a view to re-tendering.

 

9        Development resource is made available to the Company through  secondment of a suitably experienced member of staff.

 

10      Delegated powers be granted to the Assistant Director Finance to amend the loan funding arrangements, so that funding is sourced from Prudential Borrowing rather than from the General Reserve.

 

11      The changes to the Board of Directors be noted

 

12      It be noted that authorisation has been given by the Board of Directors to appoint Les Clark, Director of People and Place, as a new Director.

 

13      The accounts for the Company for the period ending 31 March 2019 (Appendix 4) be noted

Minutes:

Councillor Sharp entered the Council Chamber 6.38pm.

 

The Interim Assistant Director (Governance) requested that due to the time critical nature of this item that it be heard under the Council’s urgency rules, and therefore not be subject to call in. The consent of the Chairman of the Scrutiny Co-ordinating Board had been sought and given.

 

Members considered report G73/19 from Director of Corporate Services which sought to consider the future of the Council’s wholly owned Company, Heart of Cumbria Ltd.

 

Proposed by Councillor Taylor

Seconded by Councillor Derbyshire

 

and RESOLVED that:

 

1          the findings of the review of the Company be endorsed.

 

2          the Company should continue to operate, subject to the changes set out  further below;

 

3          the Company Board is strengthened to include at least five Directors, all of whom should have relevant experience. These positions would be unpaid;

 

4          serving Councillors should not be appointed as Directors of the Company;

 

5          one member of the Executive be appointed as the Shareholder representative;

 

6          the objectives of the Company be amended to give both clarity of purpose and allow flexibility in what the Company can do;

 

7          the Articles of Association of the Company be amended and the Governance Agreement be adopted to reflect resolutions 2 to 6 above with delegated powers granted to the Assistant Director Governance to execute the Governance Agreement on behalf of the Council;

 

8          an early review of the housing management contract be carried out with a view to re-tendering;

 

9          development resource be made available to the Company through secondment of a suitably experienced member of staff;

 

10        delegated powers be granted to the Assistant Director Finance to amend the loan funding arrangements, so that funding is sourced from Prudential Borrowing rather than from the General Reserve;

 

11        the changes to the Board of Directors be noted;

 

12        it be noted that authorisation has been given by the Board of Directors to appoint Les Clark, Director of People and Place, as a new Director;

 

13        the accounts for the Company for the period ending 31 March 2019 be noted; and

 

14        the decisions be deemed to be urgent and not subject to call in.

 

The Interim Assistant Director Governance advised that under paragraph 3.5 of the report a member of the Executive needed to be appointed as shareholder representative.

 

Proposed Councillor Greenwood

Seconded Councillor Tonkin

 

and RESOLVED that Councillor Robinson be appointed as the shareholder representative.

 

Reason:

 

1.     These actions will keep those homes already acquired available for rent at affordable levels;

 

2.     the changes in governance and operations will provide more strategic direction to the Company and maximise the potential for it to make an important contribution to Council finances; and

 

3.     the decisions have been deemed to be urgent as the delay in implementing these decisions would require a delay to the scheduled AGM of Heart of Cumbria Ltd which was scheduled to immediately follow the meeting of the Executive            

E/61/11/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

E/62/11/19

Date of Next Scheduled Meeting

The date of the next scheduled meeting to be confirmed as 3 December 2019.

Minutes:

The date of the next scheduled meeting was confirmed as 3 December 2019.