Agenda and draft minutes

Council
Thursday, 11th April, 2019 6.45 pm

Venue: Council Chamber, Town Hall, Penrith

Items
No. Item

Cl/98/04/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Grisedale, Kendall, Ladhams, Lynch and Sealby.

Cl/99/04/19

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 Derbyshire gave a personal explanation in respect of Agenda item 8 in that she was a Parish Councillor.  The Chairman noted that a number of Councillors are also Parish Councillors and that all would take part in debate and vote on the item.

Cl/100/04/19

Minutes

RECOMMENDATION that the public minutes Cl/88/03/19 to Cl/97/03/19

of the meeting of Council held on 7 March 2019 be confirmed and signed by the Chairman as a correct record of those proceedings (copies previously circulated).

Minutes:

RESOLVED that the public minutes Cl/88/03/19 to Cl/97/03/19 of the meeting of Council held on 7 March 2019 be confirmed and signed by the Chairman as a correct record of those proceedings.

Cl/101/04/19

Chairman's Announcements

Minutes:

The Chairman invited Councillor Eyles to make a representation.

Councillor Eyles paid tribute Mr Adrian Hill and requested that a card of condolence be sent, from Members, to Mr Hill’s family.

The Chairman made the following announcements:

The first tranche of funding from the Council’s 2019/20 Eden Community Fund is now available to apply for. The fund has £110,000 available to support events or projects with a wider community benefit.

The application deadline for the first round of funding is Friday 3 May 2019. For more information visit the Council’s website.

Just a timely reminder that if you have not registered to vote and wish to participate in the Local Elections on 2 May 2019, you need to do so by Friday 12 April deadline. This is quick to do and only takes 5 minutes online with your National Insurance number.

The deadline to register for a postal vote for the local elections is by 5pm on Monday 15 April 2019. If you need to apply for a proxy vote, so someone you trust can vote on your behalf, the deadline is 5pm on Wednesday 24 April 2019.

For more information about local elections visit the Council’s website or call 01768 817817.

Cl/102/04/19

Questions by the Public

To receive questions from the public under Rule 10 of the Constitution

 

Minutes:

No questions were received under Rule 10 of the Constitution.

Cl/103/04/19

Questions by Members

To receive questions from Members under Rule 12 of the Constitution

 

Minutes:

The following questions were received from Members under rule 12 of the Constitution:

 

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

 

“What percentage of total council expenditure per year was public toilet provision before the devolution of services process started?”

 

The Services Portfolio Holder responded as follows:

 

“Approximately 1% (£206k) of gross service expenditure.”

 

Councillor Eyles then asked a supplementary question querying whether putting public toilets at risk for 1% of expenditure was unacceptable.

 

The Services Portfolio Holder responded that support is being provided to enable communities to take over the running of public toilets which will strengthen the local communities.

 

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

 

“What percentage of total council expenditure per year is spent on staff salaries?”

 

The Resources Portfolio Holder responded as follows:

 

“Approximately 27% (£5.8m) of gross service expenditure relates to staff salaries.”

 

Councillor Eyles then asked a supplementary question querying whether a 1% saving on public toilets was in the public interest, compare3d against 27% on staffing.

 

The Resources Portfolio Holder responded that they were two separate issues, from two different budgets lines, which were not comparable.

 

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

 

“How much has Eden Council spent on external consultants, including any sums provided by central government or other sources, in each of the previous four years?”

 

The Resources Portfolio Holder responded as follows:

 

“I have asked an officer to compile the information requested and a written response will be provided.”

 

No supplementary questions was asked.

 

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

 

“What investigations has the leader instigated to ensure that a charge is sufficient to safeguard council monies in the event of default of repayment by Heart of Cumbria Limited?”

 

The Resources Portfolio Holder responded as follows:

 

“The Council decided that a charge was appropriate and approved the basis of the arrangements with Heart of Cumbria. The imposition of a charge is a normal method of securing a loan on a property. The Council and the company have an established governance structure incorporating a memorandum of understanding, a service level agreement and the articles of association which provide safeguards. Heart of Cumbria is what is known as a company controlled by the Council.

 

The properties will be valued every year to monitor the level of security against the capital invested.”

 

CouncillorEyles then asked a supplementary question requesting assurance that any shortfall between the charge and the actual value will be met by the Council.

 

The Leader responded that he could not give assurance but indicated that if the company prospered  residents would benefit.

Cl/104/04/19

Motions on Notice

To consider motions on notice under Rule 13 of the Constitution

 

Minutes:

No motions on Notice had been received under Rule 13 of the Constitution.

Cl/105/04/19

Review of the Constitution - Scheme of Delegation and Code of Planning Conduct - Resources Portfolio Holder pdf icon PDF 400 KB

To consider report G40/19 of the Assistant Director Governance which seeks approval of Council to authorise the proposed amendments to be made in the Constitution relating to the delegated officer planning decisions and the questioning of members of the public speaking at Planning Committee.

 

RECOMMENDATIONS that:

 

1.            consideration be given to the approval of the recommended amendments to:

(1) the scheme of delegation as set out in Appendix 1 to this report; and

(2) paragraph 13 of the Council’s Code of Planning Conduct and Practice as set out in Appendix 2 to this report.

2.            that authorisation be given to the Assistant Director Governance to make the approved amendments to the Planning Code of Conduct.

Minutes:

Members considered report G40/19 of the Assistant Director Governance which sought approval of Council to authorise the proposed amendments to be made in the Constitution relating to the delegated officer planning decisions and the questioning of members of the public speaking at Planning Committee.

 

The Assistant Director Governance reported upon recommendations that had been made to Council by the Accounts and Governance Committee.

 

Proposed by Councillor Connell

Seconded by Councillor Orchard

 

and RESOLVED that:

 

1.            approval be given for the scheme of delegation as set out in Appendix 1 of the report subject to the following amendments:

 

a.    the reinstatement of the wording for previous clause 5 with the addition at the end of the clause of the words ‘with valid planning grounds’, so that it reads

 

‘3. the approval of applications subject to parish council objection on valid planning grounds or the refusal of applications which have received a representation in support from a parish council on valid planning grounds;’

 

b.    clause i) 5 the insertion of the words ‘but are not limited to’ so that it reads

 

i) 5. Valid planning grounds include but are not limited to:

 

·         Overlooking / loss of privacy;

·         Loss of light or overshadowing;

·         Parking;

·         Highway safety;

·         Traffic;

·         Noise;

·         Effect on listed building and conservation area;

·         Layout and density of building;

·         Design, appearance and materials;

·         Government policy;

·         Disabled persons’ access;

·         Proposals in the Development Plan;

·         Previous planning decisions (including appeal decisions);

·         Nature conservation.’

 

2.            approval be given for the paragraph 13 of the Council’s Code of Planning Conduct and Practice as set out in Appendix 2 to the report subject to the following amendments:

 

a.    clause 4) f. the deletion of the words ‘again from the top table’ so that it reads

 

‘f) The applicant (or appointed agent or representative) will then be

permitted to address the Committee for up to five minutes;’

 

b.  clause 4) j. the insertion of a full stop after  ‘on the application may do so …’ so that it reads

 

‘j) If a Member of the Committee has a question, that is materially relevant to the determination of the application, where the Officer does not hold the information requested, but a person who has spoken on the application may do so. The Chair may use his / her discretion to ask the relevant speaker to provide the information requested if he or she is able to do so.’

 

3.            authorisation be given to the Assistant Director Governance to make the approved amendments to the Planning Code of Conduct.

 

Cl/106/04/19

Review of the Constitution - Delegations and Realignment of Officer Responsibilities - Resources Portfolio Holder pdf icon PDF 61 KB

To consider report G43/19 of the Assistant Director Governance which seeks to enable the formal recording of the amendments which are required to be made to the delegations to officers arising from the restructure and realignment of officer responsibilities.

RECOMMENDATIONS that

1.            the delegations which are set out in the Appendix to this report (which is to follow) be noted and approved; and

2.            the Assistant Director Governance be authorised to approve and authorise any minor or typographical changes to the text of the Constitution following its adoption by Council and arising upon a review of the document prior to its publication following the annual meeting in May.

Additional documents:

Minutes:

Members considered report G43/19 of the Assistant Director Governance which seeks to enable the formal recording of the amendments which are required to be made to the delegations to officers arising from the restructure and realignment of officer responsibilities.

 

Proposed by Councillor Connell

Seconded by Councillor Orchard

 

and RESOLVED that:

1.            the delegations which are set out in the Appendix be noted and approved subject to the inclusion of the Director of People and Place in the list of Proper Officers who can issue authorisations in relation to Part II of the Regulation of Investigatory Powers Act 2000; and

2.         the Assistant Director Governance be authorised to approve and authorise any minor or typographical changes to the text of the Constitution following its adoption by Council and arising upon a review of the document prior to its publication following the annual meeting in May.

Cl/107/04/19

Annual Review of the Constitution - Resources Portfolio Holder pdf icon PDF 70 KB

To consider report G42/19 of the Assistant Director Governance which seeks to enable consideration of the proposed changes to the Constitution and the representations which have been received from Members and Officers and for Council to approve the proposed changes.

RECOMMENDATIONS that:

1.         the changes to the Accounting and Audit Rules as set out in Appendix 1 of the report be approved and incorporated in the Constitution;

2.         the changes to the Procurement Rules as set out in Appendix 2 of the report be approved and incorporated in the Constitution;

3.         the changes to the Officer Employment Procedure Rules set out in Appendix 3 of the report be approved and incorporated in the Constitution;

4.         the changes to the Council Procedure Rules and the Code of Planning Conduct and Practice set out in Appendix 5 of the report be approved and incorporated in the Constitution;

5.         the changes to the Accounting and Audit Rules and the Executive Functions Delegated to Officers set out in Appendix 6 of the report be approved and incorporated in the Constitution;

6.         the report of the Deputy Chief Executive, set out in Appendix 7, in relation to appointment of Members to the two National Park Authorities is noted; and

7.         the Assistant Director Governance be authorised, in consultation with the Members of the Constitution Working Group, to approve and authorise any minor and typographical changes to the text of the Constitution following its adoption by Council and arising upon a review of the document prior to its publication following the Annual Meeting in May.

Additional documents:

Minutes:

Members considered report G42/19 of the Assistant Director Governance which sought to enable consideration of the proposed changes to the Constitution and the representations which have been received from Members and Officers and for Council to approve the proposed changes.

 

Proposed by Councillor Connell

Seconded by Councillor Orchard

 

and RESOLVED that:

1.            the changes to the Accounting and Audit Rules as set out in Appendix 1 of the report be approved and incorporated in the Constitution;

2.         the changes to the Procurement Rules as set out in Appendix 2 of the report be approved and incorporated in the Constitution;

3.         the changes to the Officer Employment Procedure Rules set out in Appendix 3 of the report be approved and incorporated in the Constitution;

4.         the changes to the Council Procedure Rules and the Code of Planning Conduct and Practice set out in Appendix 5 of the report be approved and incorporated in the Constitution subject to the following alterations:

 

a.    Clause 13. a) the alteration of nine clear calendar days to eight clear calendar days, so that it reads

 

‘Except for motions which can be moved without notice under Rule 14 below, written notice of every motion, signed by the member giving the notice, must be delivered to the Assistant Director Governance not later than eight clear calendar days (that is not counting the day of the meeting or the day of delivery) before the date of the meeting. These will be entered in a book open to public inspection.’

 

b.    Clause 26. d) the alteration of nine clear calendar days to eight clear calendar days, so that it reads

 

‘Details of each petition to be submitted to Council should be delivered to the Chief Executive no later than eight clear calendar days (that is not counting the day of the meeting or the day of delivery) days before the meeting of the Council concerned.’

5.         the changes to the Accounting and Audit Rules and the Executive Functions Delegated to Officers set out in Appendix 6 of the report be approved and incorporated in the Constitution;

6.         the report of the Deputy Chief Executive, set out in Appendix 7, in relation to appointment of Members to the two National Park Authorities is noted; and

7.         the Assistant Director Governance be authorised, in consultation with the Members of the Constitution Working Group, to approve and authorise any minor and typographical changes to the text of the Constitution following its adoption by Council and arising upon a review of the document prior to its publication following the Annual Meeting in May.

Cl/108/04/19

Review of the Constitution - Protocols - Resources Portfolio Holder pdf icon PDF 106 KB

To consider report G39/19 of the Assistant Director Governance which seeks to consider the following Protocols for inclusion within the Constitution:

·                     Protocol for the Monitoring Officer;

·                     Protocol for the Independent Persons; and

·                     Protocol for the Chairman of the Council.

RECOMMENDATION that Council approve the following Protocols for inclusion within the Constitution:

1.            Protocol for the Monitoring Officer;

2.            Protocol for the Independent Persons; and

3.            Protocol for the Chairman of the Council.

Minutes:

Members considered report G39/19 of the Assistant Director Governance which sought to consider the following Protocols for inclusion within the Constitution:

·                     Protocol for the Monitoring Officer;

·                     Protocol for the Independent Persons; and

·                     Protocol for the Chairman of the Council.

 

Proposed by Councillor Connell

Seconded by Councillor Orchard

 

and RESOLVED that Council approve the following Protocols for inclusion within the Constitution:

1.         Protocol for the Monitoring Officer;

2.         Protocol for the Independent Persons; and

3.         Protocol for the Chairman of the Council.

Cl/109/04/19

Carry Forward of Revenue Budgets - Resources pdf icon PDF 91 KB

To consider report F25/19 of the Director of Corporate Services which seeks to secure Members' approval of the carry forward of a number of individual unused 2018/2019 budgets into 2019/2020.

 

RECOMMENDATION that the recommendation from Executive is approved.

Minutes:

Members considered report F25/19 of the Director of Corporate Services which sought to secure Members' approval of the carry forward of a number of individual unused 2018/2019 budgets into 2019/2020.

 

Proposed by Councillor Breen

Seconded by Councillor Todd

 

and RESOLVED that the recommendation from Executive is approved.

Cl/110/04/19

Proposed Calendar of Ordinary Meetings 2019-2020 pdf icon PDF 62 KB

To consider report G41/19 which seeks a revision of the draft calendar of meetings for the 2019-2020 municipal year.

RECOMMENDATION that an amended draft calendar of ordinary meetings 2019-2020 as enclosed as Appendix 2 to this report be approved

Additional documents:

Minutes:

Members considered report G41/19 of the Director of Corporate Services which sought  a revision of the draft calendar for the 2019-2020 municipal year.

 

Proposed by Councillor Robinson

Seconded by Councillor Patterson

 

and RESOLVED that an amended draft calendar of ordinary meetings 2019-2020 as enclosed as Appendix 2 to the report be approved

Cl/111/04/19

Date of Next Scheduled Meeting

The next scheduled meeting of Council be confirmed as 16 May 2019.

Minutes:

The date of the next scheduled meeting of Council be confirmed as 16 May 2019.