Agenda and minutes

Venue: Council Chamber, County Hall, Kendal

Contact: Jackie Currie  Email  jackie.currie@cumbria.gov.uk Tel 07919 056193

Items
No. Item

Minute's Silence - Ann Thomson

The Chairman began the meeting with the news of the sad passing of Councillor Ann Thomson.  Councillor Thomson was the Leader of the Labour Group on Westmorland and Furness Council and the ward member for Old Barrow and Hindpool.  She died suddenly on Tuesday 31 January 2023 following a period of illness.

 

The Chairman, and the Leader and Deputy Leader of the Labour Group, followed by the leaders of the Liberal Democrat Group, Conservative and Independent/Green Group expressed their condolences to Councillor Thomson’s family and spoke about her character, her contribution to the Westmorland and Furness Shadow Council and of their sadness at her death.

 

 

76.

ROLL CALL AND APOLOGIES FOR ABSENCE

To carry out the roll call and receive any apologies for absence.

Minutes:

Apologies for absence were received from Cllrs Biggins, Clark, and Shirley.

 

77.

DECLARATIONS OF INTEREST/DISPENSATIONS

To receive declarations of interest by Members of interests in respect of items on this Agenda, and to consider any dispensations.

 

Members may however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

Minutes:

There were no declaration of interest made on this occasion.

 

The Monitoring Officer reminded members that in May 2022 a dispensation was granted to all Councillors so that they could take part in all meetings on the Members’ Allowances, and that this  would be in place until 31 March 2023. 

 

 

78.

EXCLUSION OF PRESS AND PUBLIC

To consider whether the press and public should be excluded from the meeting during consideration on any item on the agenda.

Minutes:

RESOLVED, that the press and public be not excluded during discussion of any items on the agenda today.

 

79.

MINUTES OF PREVIOUS MEETING pdf icon PDF 132 KB

To consider the minutes from the previous meeting held on 23 January 2023 (copy enclosed)

Minutes:

RESOLVED, that the minutes of the previous meeting held on 23 January 2023 be agreed with the following amendments:

 

Minute 63 Roll Call is duplicated, remove the additional copy.

 

Minute 73 – Paragraph 2 – Reference to the levelling up bid going through Parliament should say, ‘the Levelling-up (and Regeneration) Bill currently going through Parliament’.

 

 

80.

PUBLIC PARTICIPATION

To receive any questions or representations which have been received from members of the public and to receive any petitions.

 

(note any member of the public who wishes to ask a question or make representations or present a petition at the meeting should apply to do so no later than two working days before the day of the meeting.  Information on how to apply can be obtained from the person named on the front of the agenda).

Minutes:

There were no public questions or representations made on this occasion.

 

81.

ANNOUNCEMENTS

To receive any announcements from the Chair, Leader, Members of Cabinet or the Chief Executive.

Minutes:

The Chairman welcomed everyone to this, the first Westmorland and Furness Budget Council meeting.

 

The Leader reminded member that at the last Council meeting he was asked whether Westmorland and Furness Council was going to sign up to Armed Forces covenant, be an armed forces employer and have any Armed Forces Champions.

 

As Leader of the Council he agreed to ensure that together with partners, the Council would sign the Armed Forces covenant to show its commitment and passion to support those who sacrificed so much for us on a daily basis.

He confirmed that Westmorland and Furness Council was committed to supporting our serving personnel, veterans, war widows, our Armed Forces families, our reservists and our cadet forces, and that he wanted to embed this approach across the new Council.

 

In relation to the question about Armed Forces Champion the Leader was proposing that there would be Armed Forces Champions for each locality, and a member of the Senior Management Team, Linda Jones would be the Lead Officer.

Westmorland and Furness Council would introduce a guaranteed interview scheme for our Armed Forces, and would ensure that our armed forces community were not unfairly disadvantaged as part of our recruitment and selection processes.

 

Westmorland and Furness Council would value the transferrable skills of our veterans and seek to ensure that the transition to civilian life was smooth for those who had served our country.

 

 

 

82.

COUNCIL TAXBASE, PREMIUMS AND DISCOUNTS, DISCRETIONARY RATE RELIEFS AND WAR PENSION DISREGARDS pdf icon PDF 123 KB

To consider a report from the Cabinet Member for Finance (copy enclosed)

Minutes:

The Cabinet Member for Finance presented a report which asked members to note the Council Tax Base for the setting of the Westmorland and Furness Council Tax for 2023/24, and to approve Council Tax premiums and discounts, business rate reliefs and war pension disregards that feed in to the budget report.

The Cabinet Member took members through the report in detail, highlighting 4 specific areas:-

·         Council Tax base

 

As part of the Council Tax setting process each year there is a requirement to calculate, set and approve a Council Taxbase from which Council Tax was set.

For 2023/24 Westmorland and Furness would set Council Tax using a combined taxbase calculated from the three current billing authorities.  The taxbase does not require formal approval but was required ahead of the setting of the budget and approval of the Council Tax.

·         Council Tax Premiums and Discounts

 

Whilst a large part of the Council Tax legislation was mandatory such as Single Person Discounts and Disregards and Exemptions, there were a number of areas where Councils may determine, the type and levels of discount or charges to be made.

The schemes currently operated by the sovereign district councils were very similar and alignment was, in the main, straightforward. In the majority of the areas, the proposal would be to make ‘no significant change’ to the existing provisions adopted.

The impact of premiums on empty properties and potential changes to 2nd homes discounts did however have a greater impact.

Premiums for Empty Homes were introduced by Government in 2013 with a view to encouraging homeowners to occupy homes and not leave them vacant in the long term.

Initially premiums could only be charged at 50% but legislation had now changed to allow a progressive charge:

·           2 years or more, up to 100%

·           5 years or more, up to 200%

·           10 years or more, up to 300%

 

It was proposed that the premium for an empty property over 5 years is 200% and over 10 years is 200% for 23/24 increasing to 300% in 2024/25.  

 

The Cabinet Member then informed members that Cumbria Care Leavers Council Tax Exemption Policy was agreed in 2018 to support care leavers up to the age of 25 by granting up to 100% discretionary relief from Council Tax. This will be continued.

·         Business Rates Reliefs

 

Non-Domestic Rating had a large number of reliefs divided into mandatory and discretionary.

Mandatory reliefs were set by legislation and the new Westmorland & Furness Council would implement those in full.

 

Discretionary reliefs are in some cases fully defined and funded by Government through sct 31 grants. In addition it is proposed that discretionary reliefs to top up the mandatory charity relief of 80% is continued and 100% relief for non profit making organisations  and 100% rural rate relief continues (as defined in para 3.26 of the report).

 

·         War Pensions Disregard

 

On the 23 January 2023 Council agreed the 100% voluntary disregard any of incomes prescribed within the Housing Benefit and Council Tax Benefit (War Pension  ...  view the full minutes text for item 82.

83.

DRAFT REVENUE BUDGET 2023/24 AND MEDIUM TERM FINANCIAL PLAN 2023-2028 AND DRAFT CAPITAL PROGRAMME 2023-2028 pdf icon PDF 429 KB

To consider a report from the Cabinet Member for Finance (copy enclosed)

 

Additional documents:

Minutes:

The Cabinet Member for Finance presented a report which set out the spending plans for the Council in its first draft Revenue Budget 2023/24 and Medium Term Financial Plan (2023 -2028) for Westmorland and Furness Council, and included the proposed Capital Programme 2023-2028.

The budget proposals set out the financial considerations and estimates on the different elements of Local Government funding (including the Council Tax requirement for 2023/24), national and local financial pressures and proposed savings as well as plans for the future to invest and transform the Council to achieve its Council Plan priorities.

The Cabinet Member took members through the report including some of the key elements presented.

He informed members that the proposals included protection of frontline services in recognition that there was a need to stabilise, harmonise and integrate services as the Local Government reorganisation process continued.

The Council’s financial plans had been prepared at a time of significant global and national uncertainty both economically and fiscally.  The war in the Ukraine had contributed to a surge in energy prices, driving high inflation across the world.  Impacting on the cost not only of energy but also on goods and services. The Bank of England was increasing interest rates to as part of a wider fiscal policy to manage inflation however this had pushed up the cost of borrowing for families and businesses as well as government.  Economic growth had slowed and a recession was still forecast for 2023

The cost of living crisis was continuing and this was affecting all residents in different ways and this was resulting in increased demand for support services including welfare support and advice and guidance, increased uptake of free school meals and increased request for hardship support. Partly this was provided through the Government Household Support grant and partly funded direct by the Council.

The Cabinet Member detailed the considerations for proposed council tax increases and council tax harmonisation, and business rates and grants.

With reference to the Medium Term Financial Plan 2023-28 and revenue spending plans the Cabinet Member felt this presented a broadly reassuring picture.  In November Cabinet Members were updated on the estimated Budget Gap position for 2023/24. This reflected the work that had been done to aggregate the District Council major funding streams and expenditure plans and included the disaggregated County Council position. The potential budget gap reported to Cabinet in November was £19m. 

Since then further work had been done to finalise the funding and expenditure disaggregation figures.  Based on the Q2 forecast outturn position for 22/23 all sovereign councils had identified any material recurring pressures for 23/24 and had also reviewed the planned savings built into their MTFP’s to establish if these remained deliverable in the new Unitary Councils.

There were inevitable LGR implementation pressures both permanent and temporary that would be incurred in 2023/24. Some of this was due to the disaggregation of County Council services and the need for duplication of staff across a number of services and another factor was the  ...  view the full minutes text for item 83.

84.

CALCULATING AND SETTING THE COUNCIL TAX 2023/24 pdf icon PDF 129 KB

To consider a report from the Cabinet Member for Finance (copy enclosed)

 

 

Additional documents:

Minutes:

The Cabinet Member for Finance introduced a report which sought approval to enable the Council to calculate and set the Council tax for 2023/24 as required by the Local Government Finance Act 1992 (as amended).  

If the recommendation was approved then Council tax bills would be issued to each household in Westmorland and Furness during March 2023 in accordance with the amounts set, subject to any reductions for discounts, exemptions or reliefs.

The resolution set out in this report was based on the assumption that the Council Tax taxbase and budget set out in reports elsewhere on this agenda were approved with no amendment.

Cllr Jarvis moved the recommendation and this was seconded by Cllr J Brook.

The Chair then opened the meeting to debate.

Cllr Dew mentioned that in paragraph 5.1 of the report it stated that there was no alternative option to setting the Council Tax.  However, the Council does have discretion over how much the increase to residents would be.  He was not convinced the 4.99% was necessary and he would not be supporting the recommendation.

Cllr Thornton asked for clarification on the consequences of not setting the Council tax especially given the fact that the draft budget had now been set.

The Director of Resources (Section 151 Offices) responded to say that the Council does not have the ability to stop collecting council tax on behalf of the Town and Parish Councils and also the Cumbria Commissioner Fire and Rescue Authority and the Police and Crime Commissioner for Cumbria.

Upon conclusion of the debate and in line with regulations a recorded vote took place.  

Name

For

Abstain

Against

Absent

Cllr G Archibald

?

 

 

 

Cllr T Assouad

?

 

 

 

Cllr C Atkinson

 

?

 

 

Cllr R Audland

 

 

?

Cllr L Baker

?

 

 

 

Cllr J Battye

?

 

 

 

Cllr S Bavin

?

 

 

 

Cllr P Bell

?

 

 

 

Cllr T Biggins

 

 

 

?

Cllr J Boak

?

 

 

 

Cllr M Brereton

 

?

 

 

Cllr D Brook

?

 

 

 

Cllr J Brook

?

 

 

 

Cllr A Burns

?

 

 

 

Cllr T Callister

?

 

 

 

Cllr HF Carrick

 

?

 

 

Cllr F Cassidy

?

 

 

 

Cllr H Chaffey

?

 

 

 

Cllr W Clark

 

 

 

?

Cllr A Coles

?

 

 

 

Cllr A Connell

?

 

 

 

Cllr B Cooper

 

?

 

 

Cllr J Cornthwaite

?

 

 

 

Cllr J Derbyshire

?

 

 

 

Cllr P Dew

 

?

 

 

Cllr PJ Dixon

?

 

 

 

Cllr J Drake

?

 

 

 

Cllr D Edwards

 

?

 

 

Cllr P Endsor

?

 

 

 

Cllr S Evans

?

 

 

 

Cllr M Eyles

?

 

 

 

Cllr J Filmore

?

 

 

 

Cllr L Hall

 

?

 

 

Cllr KR Hamilton

?

 

 

 

Cllr M Hanley

?

 

 

 

Cllr EM Hennessy

?

 

 

 

Cllr HM Hodgson

?

 

 

 

Cllr N Hughes     

?

 

 

 

Cllr V Hughes     

?

 

 

 

Cllr A Husband

?

 

 

 

Cllr H Irving

 

?

 

 

Cllr A Jama

?

 

 

 

Cllr A Jarvis

?

 

 

 

Cllr D Jones

?

 

 

 

Cllr H Ladhams

?

 

 

 

Cllr N McCall

?

 

 

 

Cllr W McEwan

?

 

 

 

Cllr I Mitchell

 

 

?

Cllr B Morgan     

?

 

 

 

Cllr J Murphy

?

 

 

 

Cllr J Murray

?

 

 

 

Cllr S Pender

?

 

 

 

Cllr N Phillips

 

?

 

 

Cllr D Rathbone

?

 

 

 

Cllr M Robinson

?

 

 

 

Cllr M Rudhall     

?

 

 

 

Cllr S Sanderson 

?

 

 

 

Cllr M Severn

?

 

 

 

Cllr B Shirley

 

 

 

?

Cllr G Simpkins

?

 

 

 

Cllr D Taylor

 

?

 

 

Cllr V Taylor

?

 

 

 

Cllr P Thornton   

?

 

 

 

Cllr R Worthington

 

?

 

 

TOTAL

48

11

0

5

 

RESOLVED, that the Shadow Authority approves the Council tax resolution at Appendix 1.

 

85.

UPDATE ON THE WESTMORLAND AND FURNESS CONSTITUTION pdf icon PDF 139 KB

To consider a report from the Monitoring Officer (copy enclosed)

 

 

Additional documents:

Minutes:

The Chief Legal and Monitoring Officer reminded members that at the meeting of the Shadow Authority on the 23 January 2023 members agreed to note and refer matters raised by political groups on the Constitution to the cross party Constitution Review Working Group (CRWG)  for further review and to report back to Council. This report set out their recommendations on those matters referred to them and dealt with updates to the Constitution in respect of Local Choice Functions and the Statutory and Proper Officer Scheme.

The Working Group met on the 15 February 2023 and had made a number of recommendations including outstanding matters relating to the allocation of Local Choice Functions and the designation of roles within the Statutory and Proper Officer Scheme.

The Chief Legal and Monitoring Officer took members through the detail relating to Local Choice Functions, and the meeting of the working group held on 15 February.  The working group was now making a recommendation for approval 

Members of the CRWG had also reviewed the provisional allocation made by officers for the Statutory Officer and Proper Officer appointments and Appendix 2 to the report was now recommend for approval.  However, members noted this would be kept under review by the working group, and that since the review of the Appendix the role of Caldicott Guardian had been added for completeness. 

The CRWG had been asked to consider a proposal on further development of the element of the constitution in relation to the allocation of Chair and Vice-Chair roles, particularly the Scrutiny ones and others that attracted SRAs.  This was on the basis of the current arrangements used by Cumbria County Council.

The view of the CRWG was that, in view of the specific requirements in the Westmorland and Furness Constitution which does safeguard the position of opposition political parties, it was not considered necessary to introduce a weighting scheme at this point. However, it is suggested that the position should be kept under review.

The CRWG had been asked to consider a challenge from members about the element of the constitution that awarded power to the Cabinet to oversee the Revenue and Capital Budgets for Housing, plus the Tenants Forum Budget.  The suggestion from some members was that powers over all Revenue and Capital Budget setting should be reserved to Council and not Cabinet.

This was reviewed by the CRWG with advice provided by the Council’s external solicitors.  The Working Group requested a briefing on the HRA account for members which would be made available shortly.

The CRWG considered a suggestion that minutes of the Cabinet should be included on the agenda for all Council meetings and the working group agreed this should be adopted.

The Chief Legal and Monitoring Officer drew members’ attention to the suggestion that a Member Development Steering Group be established to deal with member development issues including induction, IT support, and ongoing briefings and development opportunities for all elected members.  This group would have no formal decision making powers.

Cllr Connell  ...  view the full minutes text for item 85.

86.

URGENT ITEMS

To consider any urgent items of business.

Minutes:

There were no items of urgent business.