Agenda and draft minutes

Executive
Tuesday, 3rd December, 2019 6.00 pm

Venue: Town Hall, Penrith

Contact: Members Services 

Items
No. Item

E/63/12/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Sharp.

E/64/12/19

Minutes

RECOMMENDATION that the public minutes E/49/11/19 to E/62/11/19 of the meeting of the Executive held on 5 November 2019 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).

 

Minutes:

RESOLVED that the minutes E/49/11/19 to E/62/11/19 of the meeting of the Executive held on 5 November 2019 be confirmed and approved by the Chairman as a correct record of those proceedings.

E/65/12/19

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:

No declarations of interest were made at this meeting.

E/66/12/19

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 Procedures of the Constitution.

E/67/12/19

Questions from Members

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

 

Minutes:

No questions or representations from Members had been received under Rule 5 of the Executive Procedure Rules of the Constitution.

E/68/12/19

Motion on Notice - Memorial Plaques - Services Portfolio pdf icon PDF 291 KB

To consider report PP38/19 from the Assistant Director of Commissioning and Technical Services which enable consideration to be given to a Motion on Notice received under Rule 13 of the Council Procedure Rules of the Constitution which was proposed by Councillor Lynch and seconded by Councillor Eyles. The Notice was put to Council on 7 November 2019 and referred to the Executive in accordance with the Constitution.

 

RECOMMENDATION that the Notice on Motion referred to at paragraphs 3.1 and 3.2 of this report is not accepted.

Minutes:

Members considered report PP38/19 from the Assistant Director of Commissioning and Technical Services which enable consideration to be given to a Motion on Notice received under Rule 13 of the Council Procedure Rules of the Constitution which had been proposed by Councillor Lynch and seconded by Councillor Eyles. The Notice was put to Council on 7 November 2019 and referred to the Executive in accordance with the Constitution.

 

Proposed by Councillor Tonkin

Seconded by Councillor Derbyshire

 

and RESOLVED that the Notice on Motion not be accepted.

 

Reason: It was considered that the current guidelines were fit for purpose, and there would be no benefit to be gained from conducting a review/consultation in relation to them.

E/69/12/19

LGA Communications Peer Review - Leader Portfolio pdf icon PDF 797 KB

To consider report CE18/19 from the Chief Executive which presents the final report from the Local Government Association (LGA) Communications Peer Review to the Executive for endorsement.

 

RECOMMENDATION that the Executive support the findings of the LGA Communications Peer Review.

Minutes:

Members considered report CE18/19 from the Chief Executive which presented the final report from the Local Government Association (LGA) Communications Peer Review to the Executive for endorsement.

 

Proposed by Councillor Taylor

Seconded by Councillor Robinson

and RESOLVED the Executive support the findings of the LGA Communications Peer Review.

Reason:The Council was being presented with the findings of an LGA peer review of communications, which was delivered successfully in September 2019.

E/70/12/19

Lazonby Neighbourhood Plan - Communities Portfolio pdf icon PDF 2 MB

To consider report PP37/19 from the Assistant Director of Planning and Economic Development which sets out the next steps which are recommended to be taken with the Lazonby Neighbourhood Development Plan following the referendum.

 

RECOMMENDATIONS that:

 

1.    the Lazonby Neighbourhood Plan (as set out in Appendix A) is made with immediate effect, under section 38A(4) of the Planning and Compulsory Purchase Act 2004; and

 

2.    it be noted that when made, the Lazonby Neighbourhood Plan shall form part of the statutory Development Plan for the Lazonby Parish Neighbourhood Area.

 

Minutes:

Members considered report PP37/19 from the Assistant Director of Planning and Economic Development which set out the next steps which were recommended to be taken with the Lazonby Neighbourhood Development Plan following the referendum.

 

Proposed by Councillor Taylor

Seconded by Councillor Robinson

 

and RESOLVED that:

 

1.            the Lazonby Neighbourhood Plan be made with immediate effect, under section 38A(4) of the Planning and Compulsory Purchase Act 2004; and

 

2.            it be noted that when made, the Lazonby Neighbourhood Plan shall form part of the statutory Development Plan for the Lazonby Parish Neighbourhood Area.

 

Reason: The Council has a statutory duty to support the production of Neighbourhood Plans within its administrative area.

E/71/12/19

Section 106 Payments and Monitoring - Housing and Health Portfolio pdf icon PDF 315 KB

To consider report PP29/19 from the Assistant Director Planning and Economic Development which sets out a process for the collection, monitoring, reporting, and spending of Section 106 finances along with a request to amend Section 106 Agreements.

 

RECOMMENDATIONS that the Executive approves:

1.    the inclusion within the terms of all future Section 106 legal agreements a provision to reflect that the Council will impose a fair and reasonable fee on the collection, monitoring and reporting of Section 106 payments.

2.    the process for the collection, monitoring, reporting and assignment of S106 agreement finances as outlined within the report.

Minutes:

Councillor Rudhall entered the Council Chamber at 6.12pm

 

Members considered report PP29/19 from the Assistant Director Planning and Economic Development which set out a process for the collection, monitoring, reporting, and spending of Section 106 finances along with a request to include associated costs in Section 106 Agreements that are subsequently entered into by the Council.

 

Proposed by Councillor Derbyshire

Seconded by Councillor Robinson

 

and RESOLVED that the Executive approves:

 

1.            the inclusion within the terms of all future Section 106 legal agreements a provision to reflect that the Council will impose a fair and reasonable fee on the collection, monitoring and reporting of Section 106 payments; and

 

2.            the process for the collection, monitoring, reporting and assignment of S106 agreement finances as outlined within the report.

 

Reason: To provide an effective collection, monitoring and reporting mechanism for Section 106 payments.

E/72/12/19

Request to joint fund a Cumbria Strategic Waste Partnership Development Officer - Services Portfolio pdf icon PDF 233 KB

To consider report PP35/19 from the Assistant Director Commissioning and Technical Services which seeks approval to appoint a Partnership Development Officer for a 3 year period.

 

RECOMMENDATIONS that:

1.   the Services Portfolio Holder be authorised to sign the Memorandum of Understanding.

Minutes:

Members considered report PP35/19 from the Assistant Director Commissioning and Technical Services which sought approval for the Council to enter into a Memorandum of Understanding which would result in the Cumbria Strategic Waste Partnership appointing a Partnership Development Officer for a 3 year period.

 

The Assistant Director Commissioning and Technical Services confirmed that paragraph 6.1.2 of the report should refer to six Waste Collection Authorities and one Waste Disposal Authority.

 

Proposed by Councillor Tonkin

Seconded by Councillor Derbyshire

 

and RESOLVED the Services Portfolio Holder be authorised to sign the Memorandum of Understanding.

 

Reason: To enable the Council to engage and deliver national policy and statutory requirements.

E/73/12/19

Request for Delegated Powers to Determine Applications for Leisure Grant Fund - Communities Portfolio pdf icon PDF 136 KB

To consider report PP36/19 from the Assistant Director Commissioning and Technical Services which requests that the Assistant Director Commissioning and Technical Services be provided with delegated powers in order to determine Leisure Grants to be paid from the Leisure Grant Fund (`the Fund’).

 

RECOMMENDATION that the Assistant Director Commissioning and Technical Services be provided with authorisation to determine Leisure Grants and make necessary amendments to the Terms and Conditions.

Minutes:

Members considered report PP36/19 from the Assistant Director Commissioning and Technical Services which requested that she be provided with delegated powers in order to determine Leisure Grants to be paid from the Leisure Grant Fund (`the Fund’).

 

Proposed by Councillor Taylor

Seconded by Councillor Robinson

 

and RESOLVED that the Assistant Director Commissioning and Technical Services be provided with authorisation to determine Leisure Grants and make necessary amendments to the Terms and Conditions.

 

Reason: To make the decision making process for Leisure grants proportionate to the size of the grant being awarded and to improve the efficiency and speed with which these grants can be processed.

E/74/12/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

E/75/12/19

Date of Next Scheduled Meeting

The date of the next scheduled meeting be confirmed as 21 January 2020.

Minutes:

The date of the next scheduled meeting was confirmed as 21 January 2020.