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Agenda and minutes

Venue: Council Chamber, Town Hall, Penrith

Items
No. Item

Cl/32/09/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Hanley and Todd.

Cl/33/09/19

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 Nicolson gave a personal explanation with regard to any item which discussed the Heart of Cumbria Limited, as he was a Director of the Company.

 

Councillor Owen gave a personal explanation with regard to any item which discussed the Heart of Cumbria Limited, as he was a Director of the Company.

 

Councillor Eyles gave a personal explanation in that he was recording the meeting for personal purposes.

Cl/34/09/19

Minutes

RECOMMENDATION that:

1.         the public minutes Cl/18/07/19 to Cl/31/07/19; and

2.         the confidential minutes Cl/31/07/19  

of the meeting of Council held on 11 July 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 Cl/18/07/19 to Cl/31/07/19; and

2.    The confidential minute Cl/31/07/19

of the meeting of the Council held on 11 July 2019 be confirmed and signed by the Chairman as a correct record of those proceedings.

Cl/35/09/19

Chairman's Announcements

Minutes:

The Chairman welcomed Councillor Helen Fearon, the new Member for Penrith South to the Council following her win at the by-election on 5 September 2019.

 

The Chairman also welcome Les Clark, the new Director of People and Place to the Council.

 

The Chairman updated members on his attendance at recent events:

 

·         16 July – University of Cumbria degree and award ceremony, Carlisle Cathedral, and Ullswater Steamers 160th Anniversary Cruise;

·         22 August – attended the funeral of former Councillor Eric Wooff;

·         24 August – attended Proclamation of Great Fair in Carlisle; and

·         31 August – attended Welcome Service for the new Cumbria District Chair

Cl/36/09/19

Questions by the Public

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

 

Minutes:

The following questions were received under Rule 10 of the Constitution:

 

1.            Mr J Davies asked the following question of the Services Portfolio Holder:

 

Given a climate emergency has just been declared by Eden Council at the full meeting on the 11th July can the leader confirm how the recycling is dealt with that is collected across Eden by the councils collection contractor given reports it's potentially been shipped to China and other nations with the large carbon footprint this has in transport terms and then the materials are been left to stand in fields rotting.”

 

The Services Portfolio Holder responded as follows:

 

“Recycling across the District is collected by and becomes the ownership of the collection Contractor and as such the Council has very little control over the final destinations as long as the appropriate legislation is followed.

 

In terms of destination at present materials are sent to Deeside, Rutland, Ellesmere Port, Rochdale, Warrington, Huddersfield and Carlisle.

 

No materials are currently transported outside of the UK.”

 

Mr Davies then asked a supplementary question asking how it could be validated that the waste was not going abroad if the Council had very little control over the final destination.

 

The Services Portfolio Holder responded that there were legal requirements to keep the collections within the UK.

 

Councillor Hanley arrived at 6.59pm.

 

2.            Ms S Shenton asked the following question of the Leader:

 

I note that in the recent Climate and Ecological Emergency declaration, EDC committed to prepare, by the end of 2019, a strategic plan to achieve zero carbon emissions by 2030.  Will the Leader explain the progress that the Council  has made towards developing this plan, how the wider community is involved and, in particular, can the Leader clarify which independent expert advisory groups the Council is working with to develop the plan, who has been invited to join, and what progress has been made to establish terms of reference and a work schedule.”

 

The Leader responded as follows:

 

There are two sides to this question: what the Council is doing to make itself zero carbon, and what we are doing to help the district reach net zero carbon.

 

Internally we have undertaken a number of actions including:

 

·         Measuring the Council’s internal carbon baseline

·         Setting up a senior officer steering group

·         Drafting project governance for an external strategic partnership board. Invitations for the board will go out when this is finalised

·         Setting up Awareness webpages on the Council’s website

·         Designing a staff campaign which will be launched shortly after external validation

·         Officers have met with CAfS (Cumbria Action for Sustainability) and PACT (Penrith Action for Community Transition) who have agreed to work with us. Discussions also held with CAT (Centre for Alternate Technology) in Wales and with a LGA (Local Governance Association) climate change specialist who has offered support

·         Preparing an outline of what the council’s strategic plan will look like, the areas it will address, etc.

·         Offering carbon literacy training for Members and  ...  view the full minutes text for item Cl/36/09/19

Cl/37/09/19

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 I Chambers asked the following question of the Leader:

 

“Could the Leader please explain why the coalition is now all in favour of the Heart of Cumbria Ltd, when for the last 3 ½ years they tried to vote it down and did not support it in anyway.”

 

The Leader responded as follows:

 

“I am not aware of any occasion when members have tried to “vote down” the company. Opposition members held to scrutiny aspects of the company’s governance and of its proposed project. This represents the proper working of democracy to safeguard the reputation of the Council. No opposition members were willing to put themselves forward as directors of the company. Speaking for myself, this is because I was not in agreement with early decisions made by the shadow board.

 

The company is in existence and Executive will have to decide formally in due course its stance on the future operation of the company, and whether it might be the right vehicle to undertake projects currently under development.”

 

There was no supplementary question.

 

2.       Councillor I Chambers asked the following question of the Leader:

 

“Can the Leader please explain her comments made in the local papers about supporting business growth? At the last planning meeting a new business park was proposed on the agenda and officers recommended approval, but the coalition members all voted against the recommendation. What sort of signal does this send out to developers?”

 

The Leader responded as follows:

 

The Executive have introduced a Pilot Business Growth Programme, have amended the criteria for the Eden Business Support Fund in order to increase flexibility of the fund and to support more businesses within Eden, and are proceeding with an Employment Land Study to fast track the provision of additional sites for businesses. These actions explain my comments and are the signals the Executive are sending to developers.

 

It is for all members of Planning Committee to make their own determination about planning applications having regard to the development plan and any other material considerations. Planning  cannot be a party political matter and planning committee members have to guard against suspicion of predetermination.  It is not appropriate for me to provide commentary on Planning Committee decisions.”

 

Councillor Chambers then asked a supplementary question querying if the site would be scoped as part of the Pilot Business Growth Programme.

 

The Leader stated that the scoping project didn’t have any limitations set as to where it was looking at, and if it were appropriate would be included.

 

3.       Councillor J Raine asked the following question of the Leader:

 

“At the council Annual General Meeting the Leader of the Council spoke about the health of residents in the district, however, Eden District Council’s meeting was cancelled which would have been the first opportunity for councillors to receive Cumbria’s health scrutiny committee report.  What arrangements are in place for the 29 representatives of this council  ...  view the full minutes text for item Cl/37/09/19

Cl/38/09/19

Motions on Notice pdf icon PDF 5 KB

To consider motions on notice under Rule 13 of the Constitution.

 

Note: This motion on notice was received by the Monitoring Officer on 19 August 2019 and accepted. However due to the operation of purdah rules in relation to the Penrith South by-election which was held on 5 September 2019, the  publication of the  Motion on Notice has been delayed. It is included as a late item on the agenda for the full Council meeting of 12 September 2019 following the declaration of the result of the Penrith South by-election.

 

 

Minutes:

The following Motion on Notice was received under Rule 13 of the Constitution.

 

Proposed by Councillor Eyles

Seconded by Councillor Holden

 

That an extraordinary meeting of Eden District Council be convened in October 2019 to allow Members to be updated on Brexit and to debate its consequences on the district. Further, that officers be directed to produce a report setting out what advice has been received from central government on how to prepare for Brexit, what preparations have been made by the council for it and what assessment has been made of the impact of Brexit on Eden.

 

Members then debated the Motion on Notice.

 

Amendment proposed by Councillor Ryland

Seconded by Councillor Raine

 

That an extraordinary meeting of Eden District Council be convened to allow members to be updated by officers with a report on Brexit and to debate its consequences on the district. Further that the report sets out what advice has been received from central government on how to prepare for Brexit, what preparations have been made by the council for it and what assessment has been made of the impact of Brexit on Eden.

 

That this meeting be delayed until parliament has decided what form Brexit will take.

 

RESOLVED that an extraordinary meeting of Eden District Council be convened to allow members to be updated by officers with a report on Brexit and to debate its consequences on the district. Further that the report sets out what advice has been received from central government on how to prepare for Brexit, what preparations have been made by the council for it and what assessment has been made of the impact of Brexit on Eden.

 

That this meeting be delayed until parliament has decided what form Brexit will take.

Cl/39/09/19

Annual Audit Letter 2018/2019 pdf icon PDF 379 KB

To consider report F45/19 from the Director of Corporate Services which is attached and which sets out the Annual Audit Letter for 2018/19 from the Council’s External Auditor.

 

RECOMMENDATION that Members note the Annual Audit Letter for 2018/19, attached at Appendix 1.

Minutes:

Members considered report F45/19 from the Director of Corporate Services which set out the Annual Audit letter for 2018/19 from the Council’s External Auditor.

 

Proposed by Councillor Greenwood

Seconded by Councillor Lancaster

 

and RESOLVED that Members noted the Annual Audit Letter for 2018/19.

Cl/40/09/19

Appointment to Greenwich Leisure Limited Eden Board pdf icon PDF 221 KB

To consider report G65/19 from the Director of Corporate Services which is attached and which seeks an appointment upon which a Member will sit for the remainder of the municipal year on the Greenwich Leisure Limited Eden Board.

 

RECOMMENDATION that Council nominates a Member to the Greenwich Leisure Limited Eden Board for the remainder of the municipal year.

Minutes:

Members considered report G65/19 from the Director of Corporate Services which sought an appointment upon which a Member will sit for the remainder of the municipal year on the Greenwich Leisure Limited Eden Board.

 

Proposed by Councillor Robinson

Seconded by Councillor Eyles

 

and RESOLVED that Councillor Ryland be appointed to the Greenwich Leisure Limited Eden Board for the remainder of the municipal year.

Cl/41/09/19

Allocation of Seats pdf icon PDF 258 KB

To consider the report of the Director of Corporate Services which will follow.

Minutes:

Members considered report G69/19 from the Director of Corporate Services which proposed the distribution of seats in accordance with the rules of political proportionality following the by-election in Penrith South on 5 September 2019, and to make appointments to the Committees for the remainder of the 2019-2020 municipal year.

 

Proposed by Councillor Patterson

Seconded by Councillor Eyles

 

and RESOLVED that:

 

1.    The alternative option as set out at 7.1 of the report be accepted; and

 

2.    That group leaders inform the Director of Corporate Services as to their individual committee allocations at the earliest opportunity.

Cl/42/09/19

Date of Next Scheduled Meeting

The next scheduled meeting of Council be confirmed as 07 November 2019.

Minutes:

The date of the next scheduled meeting was confirmed as 7 November 2019.

Cl/43/09/19

Personal Statement from Councillor Owen

Minutes:

The Chairman gave his consent to allow Councillor Owen to make a personal statement regarding the circumstances surrounding the postponement of the Annual General Meeting of the Heart of Cumbria Limited, of which he had been Chairman.

 

There was no debate on this item.

Cl/44/09/19

Exclusion of Press and Public

To consider whether, in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) should be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 to Schedule 12A of the Act.

Minutes:

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) should be excluded from the meeting during the discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 to Schedule 12A of the Act.

Cl/45/09/19

Potential Acquisition of Asset

To consider the report of the Director of Corporate Services.

Minutes:

The meeting was adjourned at 8.48pm.

 

The meeting was reconvened at 8.53pm.

 

Councillors Chambers, Fearon and Martin left the meeting at 8.53pm.

 

Members considered report G66/19 from the Director of Corporate Services.

 

RESOLVED that the recommendations contained within the report be rejected.