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Agenda and draft minutes

Venue: Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

SCb/40/11/18

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor D Banks, Councillor M Robinson attended as substitute and Councillor R Orchard, Councillor A Meadowcroft attended as substitute.

SCb/41/11/18

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:

There were no declarations of interest made at this meeting.

SCb/42/11/18

Request for call-in - Eden Development Portfolio Plan 2018-2019 pdf icon PDF 63 KB

To consider report G102/18 from the Deputy Chief Executive which is attached and which informs Members of a request which was made on 26 October 2018 for a call-in of the decision made by the Eden Development Portfolio Holder at his meeting on 23 October 2018 with regard to the progress report given on his Eden Development Portfolio Plan 2018-2019.

 

RECOMMENDATIONS that:

 

Members will need to resolve one of the following options:

a)            that the decision is in its view contrary to the policy framework or budget and to refer the decision to Council;

b)            that it has concerns and to refer the matter back to the Executive for re-consideration (such concerns must be specified by Members); or

c)            to take no further action.

Additional documents:

Minutes:

Members considered report G102/18 from the Deputy Chief Executive which set out the details of a request for a call-in of a decision made by the Eden Development Portfolio Holder at his meeting on 23 October 2018 with regard to the progress report given on the Eden Development Portfolio Plan 2018-2019.

 

The Chairman outlined the procedure for the meeting and outlined the options open to the Committee to resolve either:

 

a.    that the decision is contrary to the policy framework or budget and to refer the decision to Council, or

 

b.   it has concerns and to refer the matter back to the decision maker for re-consideration (such concerns must be specified by Members), or

 

c.   to take no further action.

 

Councillor D Holden presented the case for the call-in on behalf of herself and the other signatories to the call-in, Councillors M Eyles and V Taylor. The following reasons were given to support the call-in:

 

a.    The Penrith Master Plan public engagement process ends after the decision date of this Portfolio Plan, which does not allow time to study and compile the results of this process.

 

b.    The Saturn modelling update may not be ready until March next year, and the Strategic Flood Assessment on the 32 optioned sites are not available yet.

 

Councillor Holden also expressed concerns in relation to inconsistencies in the terminology used in reference to the Master Plan.

 

Councillor Nicolson attended as a witness and expressed procedural concerns regarding the call-in, in that no decisions in relation to the Master Plan had been made by the Executive.  He asked that the call-in be withdrawn.

 

Councillor Owen, Eden Development Portfolio Holder advised that the decision made on the 23 October was to note the progress against the portfolio plan, and that this did not amount to predetermination of the Master Plan.  He confirmed that responses to the public engagement will be considered and that the Portfolio Holder Plan is a ‘living document’ as such it will be subject to amendments.

 

The Assistant Director Legal Services, asked Members to ensure the questions they asked remained within the scope of the call-in.

 

Councillor Owen answered questions from Members and explained that the information contained within the Portfolio Plan was correct as at 30 September 2018.

 

Councillor Holden, Councillor Eyles, Councillor Nicolson, Councillor Owen and Councillor Taylor withdrew from the meeting at 6.48pm whilst Members considered the issues and received advice in relation to the call-in.

 

Proposed by Councillor Thompson

 

Seconded by Councillor Chambers

 

and RESOLVED that no further action be taken.

 

Councillor Holden, Councillor Eyles, Councillor Nicolson, Councillor Owen and Councillor Taylor re-joined the meeting at 7.03pm and were informed of the resolution.