Agenda and draft minutes

Council
Thursday, 16th May, 2019 6.45 pm

Venue: Council Chamber, Town Hall, Penrith

Items
No. Item

Cl/1/05/19

Election of Chairman

To elect a Chairman of the Council for the 2019-2020 Municipal year.

Minutes:

The outgoing Chairman gave a short speech expressing thanks for the service of two long standing members who had recently retired; Malcolm Smith, who had been on the Council for 32 years, and Trevor Ladhams, who had been on the Council for 24 years.

 

Nominated by Councillor Eyles

Seconded by Councillor Holden

 

RESOLVED that Councillor Connell be elected as Chairman of the Council for the 2019-2020 municipal year.

 

Councillor Connell accepted the Office of Chairman, was vested with the Chain of Office and took the Oath of Office before giving a short acceptance speech.

 

Councillor Beaty took the opportunity to thank three other long-standing members who had recently retired being Malcolm Temple for his sterling service to the Council as Armed Forces Champion, as well as Michael Slee and Richard Sealby.

Cl/2/05/19

Appointment of Vice-Chairman

To appoint a Vice-Chairman of the Council for the 2019-2020 Municipal year.

Minutes:

Proposed by Councillor Robinson

Seconded by Councillor Eyles

 

and RESOLVED that Councillor Banks be appointed as Vice-Chairman of the Council for the 2019/2020 municipal year.

 

Cl/3/05/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Banks.

Cl/4/05/19

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 Eyles gave a personal explanation that he was recording the meeting for personal use.

Cl/5/05/19

Minutes

RECOMMENDATION that:

 

1.            the public minutes

 

·         HRa/1/06/18 to HRa/4/06/18 of the Human Resources and Appeals Sub-Committee held on 18 June 2018;

 

·         HRa/10/01/19 to HRa/14/01/19 of the Human Resources and Appeals Sub-Committee held on 3 January 2019;

 

·         Lic/28/02/19 to Lic/35/02/19 of the Licensing Committee held on 27 February 2019;

 

·         HCc/38/03/19 to HCc/47/03/19 of the Housing and Communities Scrutiny Committee held on 21 March 2019;

 

·         E/146/04/19 to E/159/04/19 of the Executive held on 2 April 2019;

 

·         SCb/64/04/19 to SCb/75/04/19 of the Scrutiny Co-ordinating Board held on 4 April 2019;

 

·         AGc/68/04/19 to AGc/74/04/19 of the Accounts and Governance Committee held on 11 April 2019

 

·         Cl/98/04/19 to Cl/11/04/19 of the Council held on 11 April 2019

 

·         Pla/171/04/19 to Pla/183/04/19 of the Planning Committee held on 18 April 2019

 

·         AGc/75/04/19 to AGc/85/04/19 of the Accounts and Governance Committee held on 18 April 2019

 

·         EEc/35/04/19 to EEc/42/04/19 of the Environment and Economy Scrutiny Committee held on 25 April 2019.

 

2.            the confidential minutes

 

·         HRa/04/06/18 of the Human Resources and Appeals Sub-Committee held on 18 June 2018

 

·         HRa/14/01/19 of the Human Resources and Appeals Sub-Committee held on 3 January 2019

 

·         Lic/35/02/19 of the Licensing Committee held on 27 February 2019

 

be confirmed and signed by the Chairman as a correct record of those proceedings (copies previously circulated).

Minutes:

RESOLVED that

 

1.            the public minutes

 

·         HRa/1/06/18 to HRa/4/06/18 of the Human Resources and Appeals Sub-Committee held on 18 June 2018;

 

·         HRa/10/01/19 to HRa/14/01/19 of the Human Resources and Appeals Sub-Committee held on 3 January 2019;

 

·         Lic/28/02/19 to Lic/35/02/19 of the Licensing Committee held on 27 February 2019;

 

·         HCc/38/03/19 to HCc/47/03/19 of the Housing and Communities Scrutiny Committee held on 21 March 2019;

 

·         E/146/04/19 to E/159/04/19 of the Executive held on 2 April 2019;

 

·         SCb/64/04/19 to SCb/75/04/19 of the Scrutiny Co-ordinating Board held on 4 April 2019;

 

·         AGc/68/04/19 to AGc/74/04/19 of the Accounts and Governance Committee held on 11 April 2019

 

·         Cl/98/04/19 to Cl/11/04/19 of the Council held on 11 April 2019

 

·         Pla/171/04/19 to Pla/183/04/19 of the Planning Committee held on 18 April 2019

 

·         AGc/75/04/19 to AGc/85/04/19 of the Accounts and Governance Committee held on 18 April 2019

 

·         EEc/35/04/19 to EEc/42/04/19 of the Environment and Economy Scrutiny Committee held on 25 April 2019.

 

2.            the confidential minutes

 

·         HRa/04/06/18 of the Human Resources and Appeals Sub-Committee held on 18 June 2018

 

·         HRa/14/01/19 of the Human Resources and Appeals Sub-Committee held on 3 January 2019

 

·         Lic/35/02/19 of the Licensing Committee held on 27 February 2019

 

of the above meetings be confirmed and signed by the Chairman as a correct record of those proceedings

Cl/6/05/19

Election of Leader

To elect a Leader of the Council for the period 2019 to 2023.

Minutes:

Nomination by Councillor Robinson

Seconded by Councillor Derbyshire

 

that Councillor Taylor be elected Leader of Eden District Council.

 

RESOLVED that Councillor Taylor be elected Leader of Eden District Council for the period 2019-2023.

Cl/7/05/19

Confirmation of the Executive

To receive for information from the Leader of the Council the Executive appointment which Council will be requested to formally endorse.

Minutes:

Councillor Taylor informed the Council of her proposed Executive, and informed Members that she intended on keeping the role of Leader essentially the same as it had been previously.

 

RESOLVED that the following Members be appointed to the Executive:

 

Councillor

Portfolio

Role

K Greenwood

Resources

Finance, Human Resources, Legal, Members interests, training and IT

M Tonkin

Services

Regulatory, waste and maintenance contracts.

J Derbyshire

Housing and Health

The need for more homes and the needs of our growing older population

L Sharp

Communities

Protecting and developing services for the future and building on the plans created by communities

M Robinson

Commercial Services (and Deputy Leader)

Developing the commercial potential of Eden District Council

M Rudhall

Eden Development

Planning Service, developing the commercial potential of Eden District as a whole

 

Councillor Taylor gave an acceptance speech, indicating that she intended to emphasise that any work that the Council did must have the wellbeing of future generations in mind.

 

Councilor Sharp joined the meeting at 7.12pm.

Cl/8/05/19

Distribution of Seats on Council pdf icon PDF 75 KB

To consider report G49/19 from the Director of Corporate Services which is attached and which seeks to propose the distribution of seats in accordance with the rules of  political proportionality following the District Council elections of 2 May 2019. This report should be heard before the Allocation of Seats report (G45/19).

 

RECOMMENDATION that:

1)           the proposed allocation of seats to parties in this report be approved; and 

2)        it be noted that the Labour Group and Green Group are requested to nominate one member from their respective membership to sit  on  Planning Committee.

Minutes:

Members considered report G49/19 from the Director of Corporate Services which proposed a distribution of seats in accordance with the rules of political proportionality following the District Council elections of 2 May 2019.

 

Proposed by Councillor Robinson

Seconded by Councillor Sharp

 

RESOLVED that the following allocation of seats to parties be approved.

 

Group

Proposed number of seats

Conservative Group

23

Liberal Democrat Group

16

Independent Group

16

Labour

5

Green

5

Sub-total

65*

*One seat remaining to be allocated to either Labour or Green on Planning Committee

Total

66

 

Accounts and Governance Committee – 9 Members

 

Allocation

Independent Group           

2

Conservative Group          

3

Liberal Democrat Group    

2

Labour Group                     

1

Green Group

1

Scrutiny Co-ordinating Board – 9 Members

 

Allocation

Independent Group           

2

Conservative Group          

3

Liberal Democrat Group    

2

Labour Group                     

1

Green Group

1

Environment and Economy Scrutiny Committee - 9 Members

 

Allocation

Independent Group           

2

Conservative Group          

3

Liberal Democrat Group    

2

Labour Group                     

1

Green Group

1

Housing and Communities Scrutiny Committee - 9 Members

 

Allocation

Independent Group           

2

Conservative Group          

3

Liberal Democrat Group    

2

Labour Group                     

1

Green Group

1

Human Resources and Appeals Committee - 9 Members

 

Allocation

Independent Group           

2

Conservative Group          

3

Liberal Democrat Group    

2

Labour Group                     

1

Green Group

1

Licensing Committee - 10 Members

 

Allocation

Independent Group           

3

Conservative Group          

4

Liberal Democrat Group    

3

Labour Group                     

0

Green Group

0

*Planning Committee - 11 Members

 

Allocation

Independent Group           

3

Conservative Group          

4

Liberal Democrat Group    

3

Labour Group                     

0

Green Group

0

* One seat remaining to be allocated to either Labour or Green on Planning Committee

 

Cl/9/05/19

Allocation of Seats on Committees pdf icon PDF 69 KB

To consider report G45/19 from the Director of Corporate Services which is attached and which seeks to make appointments to the Committees for the 2019-2020 municipal year.

 

RECOMMENDATION that the appointment of Members to Committees as set out in Appendix 1 (to follow) be approved.

Minutes:

Members considered report G45/19 from the Director of Corporate Services which asked Members to make appointments to the Committees for the 2019-2020 municipal year.

 

Proposed by Councillor Patterson

Seconded by Councillor Lynch

 

and RESOLVED that the appointment of Members to Committees be approved as set out below.

 

Accounts and Governance Committee – 9 Members

Independent Group           

S Lancaster, D Ryland

Conservative Group          

K Beaty, J Lynch, R Orchard

Liberal Democrat Group    

A Connell, M Eyles

Labour Group

M Hanley

Green Group

D Lawson

Standing Deputies             

P Connor, W Patterson

G Nicolson, D Wicks
P Baker, L Harker
A Ross

Scrutiny Co-ordinating Board – 9 Members

Independent Group           

D Banks, W Patterson

Conservative Group          

R Orchard, J Owen, J Raine

Liberal Democrat Group    

D Holden, D Smith

Labour Group

M Hanley

Green Group

D Lawson

Standing Deputies             

M Clark, D Ryland

A Armstrong, G Nicolson
M Eyles, G Simpkins
A Ross

Environment and Economy Scrutiny Committee - 9 Members

Independent Group           

P Connor, D Ryland

Conservative Group          

I Chambers, A Todd, D Wicks

Liberal Democrat Group    

D Holden, D Smith

Labour Group

M Hanley

Green Group

D Lawson

Standing Deputies             

M Clark, H Sawrey-Cookson
A Armstrong, E Martin
M Eyles, L Harker
A Ross

Housing and Communities Scrutiny Committee - 9 Members

Independent Group           

M Clark, P Connor

Conservative Group          

P Dew, R Orchard, J Raine

Liberal Democrat Group    

L Harker, G Simpkins

Labour Group

M Hanley

Green Group

A Ross

Standing Deputies             

S Lancaster, H Sawrey-Cookson
E Martin, J Thompson
P Baker, D Smith
D Lawson

Human Resources and Appeals Committee - 9 Members

Independent Group           

D Banks, M Robinson

Conservative Group          

A Armstrong, G Nicolson, J Owen

Liberal Democrat Group    

P Baker, M Rudhall

Labour Group

L Sharp

Green Group

A Ross

Standing Deputies             

D Ryland, W Patterson
K Beaty, J Thompson
A Connell, J Derbyshire
D Lawson

Licensing Committee - 10 Members

Independent Group           

D Banks, W Patterson, H Sawrey-Cookson

Conservative Group          

E Martin, A Meadowcroft, J Raine, D Wicks

Liberal Democrat Group    

P Baker, L Harker, D Holden

Labour Group

-

Green Group

-

Standing Deputies

M Clark, P Connor, D Ryland

I Chambers, J Thompson
M Eyles, G Simpkins, D Smith

*Planning Committee - 11 Members

Independent Group           

M Clark, W Patterson, H Sawrey-Cookson

Conservative Group          

I Chambers, J Lynch, G Nicolson, J Thompson

Liberal Democrat Group    

D Holden, M Eyles, G Simpkins

Labour Group

-

*Green Group

A Ross

Standing Deputies

D Banks, P Connor, S Lancaster
A Meadowcroft, J Owen, D Wicks
P Baker, L Harker, D Smith

* One seat has been allocated from between the Labour Group and the Green Group on Planning Committee.

 

Cl/10/05/19

Election of Chairmen

a)            Scrutiny Co-ordinating Board

 

To elect a Chairman of the Scrutiny Co-ordinating Board for the 2019-2020 Municipal Year.

 

b)            Housing and Communities Scrutiny Committee

 

To elect a Chairman of the Housing and Communities Scrutiny Committee for the 2019-2020 Municipal Year.

 

c)            Environment and Economy Scrutiny Committee

 

To elect a Chairman of the Environment and Economy Scrutiny Committee for the 2019-2020 Municipal Year.

 

d)            Accounts and Governance Committee

 

To elect a Chairman of the Accounts and Governance Committee for the 2019-2020 Municipal Year.

 

e)            Planning Committee

 

To elect a Chairman of the Planning Committee for the 2019-2020 Municipal Year.

 

f)             Licensing Committee

 

To elect a Chairman of the Licensing Committee for the 2019-2020 Municipal Year.

 

g)            Human Resources and Appeals Committee

 

To elect a Chairman of the Human Resources and Appeals Committee for the 2019-2020 Municipal Year.

 

Minutes:

a.            Scrutiny Co-ordinating Board

 

Nominated by Councillor Robinson

Seconded by Councillor Eyles

 

that Councillor Banks be elected Chairman of the Scrutiny Co-ordinating Board for the 2019-2020 municipal year.

 

Nominated by Councillor Chambers

Seconded by Councillor Armstrong

 

that Councillor Raine be elected Chairman of the Scrutiny Co-ordinating Board for the 2019-2020 municipal year.

 

A vote was taken and it was RESOLVED that Councillor Banks be elected Chairman of the Scrutiny Co-ordinating Board for the 2019-2020 municipal year.

 

b.            Housing and Communities Scrutiny Committee

 

Nominated by Councillor Sharp

Seconded by Councillor Holden

 

and RESOLVED that Councillor Hanley be elected Chairman of the Housing and Communities Scrutiny Committee for the 2019-2020 municipal year.

 

c.            Environment and Economy Scrutiny Committee

 

Nominated by Councillor Ross

Seconded by Councillor Derbyshire

 

and RESOLVED that Councillor Lawson be elected Chairman of the Environment and Economy Scrutiny Committee for the 2019-2020 municipal year.

 

d.            Accounts and Governance Committee

 

Nominated by Councillor Robinson

Seconded by Councillor Holden

 

and RESOLVED that Councillor Eyles be elected Chairman of the Accounts and Governance Committee for the 2019-2020 municipal year.

 

e.            Planning Committee

 

Nominated by Councillor Robinson

Seconded by Councillor Greenwood

 

and RESOLVED that Councillor Patterson be elected Chairman of the Planning Committee for the 2019-2020 municipal year.

 

f.             Licensing Committee

 

Nominated by Councillor Eyles

Seconded by Councillor Derbyshire

 

and RESOLVED that Councillor Holden be elected Chairman of the Licensing Committee for the 2019-2020 municipal year.

 

g.            Human Resources and Appeals Committee

 

Nominated by Councillor Robinson

Seconded by Councillor Patterson

 

and RESOLVED that Councillor Banks be elected Chairman of the Human Resources and Appeals Committee for the 2019-2020 municipal year.

Cl/11/05/19

Appointment of Members to Outside Bodies pdf icon PDF 72 KB

To consider report G48/19 from the Director of Corporate Services which is attached and which seeks to confirm the outside bodies upon which Members will sit in the forthcoming municipal year and to consider who should be appointed to represent the Council on each of these bodies.

 

RECOMMENDATION that:

1.         The list of outside bodies set out in paragraphs 3.2, 3.3 and in Appendix 1 to the report be approved;

2.         Members of the Executive be appointed to the outside bodies identified in paragraph 3.2;

3.         Members give consideration to nomination of non-executive members to the bodies listed at paragraph 3.3 and appendix 1 to this report;

4.         Members give consideration to the nomination of a Member to the Multi Agency Appleby Fair Strategic Co-ordinating Group.

5.         Members give consideration to the nomination of a Member to the Cumbria County Council LEP Scrutiny Board;

6.         Those bodies upon which Eden District Council will represent another authority for 2019-2020 as detailed in paragraph 3.4 of the report be noted;

7.         Those bodies upon which Eden District Council will be represented by another authority for 2019-2020 as detailed in paragraph 3.6 of the report be noted; and

8.         Council determines if it wishes to appoint Member Champions in relation to

            (a)        Armed Forces,

            (b)        Children and Young People; and

            (c)        Older People.

Additional documents:

Minutes:

Members considered report G18/19 from the Director of Corporate Services which confirmed the outside bodies upon which Members will sit in the forthcoming municipal year and to consider who should be appointed to represent the Council on each of these bodies.

 

The Director of Corporate Services confirmed that while a number of the outside bodies had been listed as appointments for non-Executive members with a view to sharing the workload across the Council, there was nothing in law which prevent a member of the Executive being appointed to those bodies. He also clarified that the District Councils Network is not a Council appointment and its board is appointed after discussion with the political parties.

 

RESOLVED that:

 

1.            The list of outside bodies set out in paragraphs 3.2, 3.3 and in Appendix 1 to the report be approved with the exception of the District Councils Network Executive.

 

2.            Members of the Executive be appointed to the outside bodies identified below:

 

Outside Body

Portfolio Holder

 

Carlisle and Eden Community Safety Partnership

Communities

 

Cumbria County Superannuation Fund Forum

Resources

 

Cumbria Housing Group

Housing and Health

 

Cumbria Leadership Board

Leader

 

Cumbria Public Health Alliance

Housing and Health

 

Cumbria Strategic Waste Partnership

Services

 

Cumbria Tourism Executive Board

Commercial Services

 

Eden Health and Wellbeing Forum

Housing and Health

Eden Tourism Network

Commercial Services

Integrated Care Community Leadership Team

Housing and Health

Joint Cumbrian Districts

Leader

 

Local Government Association

Leader

 

North West Housing Forum Executive

Housing and Health

 

Sparsity Partnership for Authorities delivering rural services (SPARSE)

Commercial Services

 

 

3.            The following members be nominated to the bodies list at paragraph 3.3 and appendix 1 to this report;

 

Alston Moor Partnership (including the Townscape Heritage Initiative Steering Group and Alston Moor Partnership Board) – 1 representative

L Sharp

Cumbria Health and Wellbeing Scrutiny Committee – 1 representative and 1 standing deputy

M Hanley

L Sharp (Standing Deputy)

Cumbria Local Nature Partnership – 1 representative

A Ross

Cumbria Police and Crime Panel – 1 representative

D Holden

Eden Access Forum - 1 representative

 

J Raine

Eden Health and Wellbeing Forum – 1 representation and 1 standing deputy (should be the same representatives as Cumbria Health and Wellbeing Scrutiny Committee)

M Hanley

L Sharp (Standing Deputy)

Greenwich Leisure Limited Eden Board – 2 representatives

D Banks

P Connor

Lake District National Park Authority (4 year appointment) – 1 representative

J Derbyshire

Lake District National Park Partnership

D Smith

North Pennines Area of Outstanding Natural Beauty Partnership – 1 representative

M Robinson

Omega Proteins Liaison Group – 3 representatives

M Eyles

V Taylor

J Thompson

Parking and Traffic Regulations Outside London Adjudication Committee – 1 representative

M Eyles

Yorkshire Dales National Park Authority (4 year appointment) – 1 representative

S Lancaster

 

 

4.            Councillor Greenwood be appointed to the Multi Agency Appleby Fair Strategic Co-ordinating Group;

 

5.            Councillor Robinson be appointed to the Cumbria County Council LEP Scrutiny Board;

 

6.            Those bodies upon which Eden District Council will represent another authority for 2019-2020 as detailed in paragraph 3.4 of the report  ...  view the full minutes text for item Cl/11/05/19

Cl/12/05/19

Calendar of Meetings 2019-2020 pdf icon PDF 66 KB

To consider report G46/19 from the Director of Corporate Services which is attached and which requests Members consideration and formal confirmation of the calendar of ordinary meetings.

 

RECOMMENDATIONS that:

 

1.            The Calendar of ordinary meetings for the 2019/2020 municipal year is approved.

2.            All Members and Standing Deputies of the Planning, Licensing and Accounts and Governance Committee be required to undertake full training prior to the first meeting of the respective committees.

Additional documents:

Minutes:

Members considered report G46/19 from the Director of Corporate Services which requested Members consideration and formal confirmation of the Calendar of ordinary meetings:

 

Proposed by Councillor Robinson

Seconded by Councillor Patterson

 

and RESOLVED that:

 

1.            The Calendar of ordinary meetings for the 2019/2020 municipal year be approved; and

 

2.            All Members and Standing Deputies of the Planning, Licensing and Accounts and Governance Committee be required to undertake full training prior to the first meeting of the respective committees.

Cl/13/05/19

'Key Decisions' - Financial Threshold pdf icon PDF 67 KB

To consider report G47/19 from the Director of Corporate Services which is attached and which proposes a review of the financial threshold for a ‘Key Decision’.

 

RECOMMENDATION that Council is recommended to retain the financial threshold for Key Decisions at £60,000.  

Minutes:

Members considered report G47/19 from the Director of Corporate Services which proposed a review of the financial threshold for a ‘Key Decision’.

 

Proposed by Councillor Eyles

Seconded by Councillor Tonkin

 

and RESOLVED that Council retained the financial threshold for Key Decisions at £60,000.

Cl/14/05/19

Planning Services Performance Report 2018-2019 pdf icon PDF 82 KB

To consider report PP2/19 from the Chairman of Planning Committee for 2018/19 which is attached and which seeks to provide Members with an overview of the activities of the Planning Committee during the municipal year 2018-19 and the related activities of officers under powers delegated from Planning Committee. It includes information about Key Performance Indicators and Planning Enforcement.

 

RECOMMENDATION that the contents of the report be noted.

Minutes:

Members considered report PP2/19 from the Chairman of the Planning Committee 2018/2019 which sought to provide members with an overview of the activities of the Planning Committee during the municipal year 2018/19 and the related activities of officers under powers delegated from Planning Committee.

 

Proposed by Councillor Thompson

Seconded by Councillor Patterson

 

and RESOLVED that the contents of the report be noted.

Cl/15/05/19

Licensing Committee Report 2018-2019 pdf icon PDF 103 KB

To consider report PP1/19 from the Chairman of the Licensing Committee for 2018/19 which is attached which provides general information on the activities of the Licensing Committee during the municipal year 2018-2019.

 

RECOMMENDATION that the contents of the report be noted.

Minutes:

Members considered report PP1/19 from the Chairman of the Licensing Committee for 2018/19 which provided general information on the activities of the Licensing Committee during the municipal year 2018/2019.

 

Proposed by Councillor Nicolson

Seconded by Councillor Raine

 

and RESOLVED that the contents of the report be noted.

Cl/16/05/19

Scrutiny Annual Report 2018-2019 pdf icon PDF 60 KB

To consider report G45/19 from the Chairman of the Scrutiny Co-ordinating Board for 2018/19 which is attached and which presents the achievements of the Council’s Scrutiny Board and Committees during the 2018-2019 Council year.

 

RECOMMENDATION that the report and achievements of Scrutiny in the 2018-2019 Council year be noted.

Additional documents:

Minutes:

Members considered report G45/19 from the Chairman of the Scrutiny Co-ordinating Board for 2018/19 which presented the achievements of the Council’s Scrutiny Board and Committees during the 2018/19 municipal year.

 

Proposed by Councillor Raine

Seconded by Councillor Orchard

 

and RESOLVED that the report and achievements of Scrutiny in the 2018/2019 municipal year be noted.

Cl/17/05/19

Date of Next Scheduled Meeting

The next scheduled meeting of Council be confirmed as 11 July 2019.

Minutes:

The date of the next scheduled meeting of Council was confirmed as 11 July 2019.