Agenda and draft minutes

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

Apologies for absence were received from Cllrs Archibald, Clark, Filmore and Jama.

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.

Cllr Audland declared a prejudicial interest in Agenda Item No 8 – 2025/25 Budget Proposals, as he owned an empty property.  He would leave the room during the vote on recommendation 2.6 of the report.

Cllr Taylor declared a prejudicial interest in Agenda Item No 8 – 2025/25 Budget Proposals, as she owns a second home in the Kirkby Stephen area.   She would leave the room during the vote on recommendation 2.4 of the report.

The Chief Legal and Monitoring Officer informed Council that the following Standard Dispensations (in Part 4 Section 1 of the Council’s Constitution, Appendix B Table 3) relate to Agenda Item No 7 Members allowance scheme and report of the IRP to allow members to take part in the budget meeting:

• The functions of your authority in respect of an allowance or payment made under sections 22 (5) , 24(4) and 173 to 176 of the Local Government Act 1972 , an allowance or pension under section 18 of the Local Government Act 1989  or an allowance or payment under section 100 of the Local Government Act 2000.

The following Standard Dispensations (in Part 4 Section 1 of the Council’s Constitution, Appendix B Table 3) relate to Agenda Item Nos 8 (2024/25 Budget Proposals) and 9 (2024/25 Council Tax Setting) to allow members to take part in the budget meeting:

(1)  Standard Dispensations 2(a) and 2(f)

[That is, that members will not be regarded as having a prejudicial interest in any business where that business relates to:

“2a)   the housing functions of your authority where you hold a tenancy or lease with your authority, provided that you do not have arrears of rent with your authority of more than two months, and provided that those functions do not relate particularly to your tenancy or lease;” and

“2f)   the setting of the authority’s council tax requirement, council tax, levy or a precept under the Local Government Finance Act 1992 (except that this dispensation does not apply if you are two months or more in arrears with their Council Tax you must declare this to the meeting and must not vote on budget recommendations, as to do otherwise can be a criminal offence).”]

Further the following Standard Dispensations (in Part 4 Section 1 of the Council’s Constitution, Appendix B Table 2) relate to Agenda Item Nos 8 (2024/25 Budget Proposals) and 9 (2024/25 Council Tax Setting) to allow members to take part in the budget meeting:

Standard dispensations

You will not be regarded as having a prejudicial interest in any business of the authority in respect of other registrable interests.

1 (a) where the business relates to another authority of which you are also a member.

In addition, the following Dispensations are agreed by the Monitoring Officer under Part 2 Section 6 of the Council’s Constitution, Officer Scheme of Delegation, paragraph 3.10.21, for this Council meeting, to allow members to take part in the budget meeting:

(1)      A dispensation for Cllr Audland and V Taylor relating  ...  view the full minutes text for item 74.

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

RESOLVED,     that the press and public be not excluded from consideration of any items of business on the agenda today.

To consider the minutes from the previous meeting held on 23 November 2023.

RESOLVED,     that the minutes of the previous meeting held on 23 November 2023 be agreed with the following amendment:-

On Minute No 66 – Capital Programme Page 17 – 4^th paragraph amend to read ‘Cllr Dew commented that the cost for the refurbishment of Voreda House had doubled in two years from £4.13M to £8.3M despite being informed in March 2023 that the total cost would be no more than £4.56m, and that this could not be attributed to inflation, Brexit, Covid or the conflict in Ukraine, as per the Cabinet Member’s earlier answer. He asked for an explanation of the discrepancy and an explanation as to why local councillors had not been kept informed.’

On Minute No 64 – Questions by Members Page 14 paragraph 9 there was a  misspelling of ‘Green Arms’.  Change spelling to ‘Green Haume’.

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

Members have already received details of the engagements that I have undertaken since the previous Council meeting.  These have been circulated by email.

The Chairman informed members of the sad passing of past members Mary Wane OBE – County Councillor from c1984-1997, Vivienne Rees BEM – SLDC Councillor 2006-2019, and     Leith Hallatsch, Mayor of Windermere and Bowness. 

Last month, on 27 January, marked Holocaust Memorial Day.   Holocaust Memorial Day was a time to remember the millions of people who had been murdered or whose lives had been changed beyond recognition during the Holocaust, under Nazi persecution and in subsequent genocides.

Over that weekend, the town halls in Barrow, Kendal and Penrith were lit up in purple to commemorate all those affected by genocide.  Several of the libraries also marked this important day with displays and activities.

He then informed Council that earlier this month, National Apprenticeship Week was celebrated. Apprentices were an invaluable assets to this Council and brought huge benefits to many of our teams and services. Many of the apprentices attended the celebration event on the 9 February which recognised the contribution they made to local authority services across Cumbria.

The Chairman then shared great news regarding the Dock Museum, which had been nominated for two Visit England awards. Following a recent visit from a mystery shopper on behalf of Visit England, the Dock Museum in Barrow-in-Furness received a fantastic score rating of 89% and nominations in both the ‘Hidden Gem’ and ‘Welcome’ categories.

The Dock Museum has also won a further award from Going Places UK, voted for by visitors.

As spring was approaching the Chairman reflected on what had been a very busy winter for the Council in its first year – with multiple storms and several Major Incidents.  On behalf of members he thanked all the staff who worked tirelessly to make sure the residents, customers and communities were as safe as possible. 

The Leader of the Council made a statement about the amount of work that had had to be done recently in relation to disaggregation of services, the Local Enterprise Partnership and also Team Barrow,   This had proved to be much more than anticipated and he thanked officers for the work they had been doing to ensure this happened whilst also maintaining ‘business as usual’.

He also thanked all members of the council for their commitment of time, skills and energy to the first year of the life of Westmorland and Furness Council.    

The Cabinet Member for Children’s Services, Education and Skills then made a statement about Children’s Services in Westmorland and Furness.

Family Hubs had taken another leap forward this week as we opened our second Family Hub facility, this time in Dalton. It was great to see so many people from the local community join us to mark the occasion and begin to engage with the Family Hub.

As they establish themselves further, Family Hubs would become important places and spaces where we can work together to make a  ...  view the full minutes text for item 77.

The minutes of the meetings of the Cabinet held on 12 December 2023 and 23 January 2024 (copies enclosed) and 13 February 2024 (To Follow).

(1)          Cabinet Minutes 12 December 2023

Council received the Minutes of Cabinet on 12 December.  No comments were made.

(2)          Cabinet Minutes 23 January 2024

Council received the Minutes of Cabinet on 12 December.  No comments were made

(3)          Cabinet Minutes 13 February

On Minute No 126 – 2024/25 Budget Proposals Cllr Dew referred to Resolution 1 where it referenced that Cabinet had taken into account the findings mentioned on Page 142 about the proposal to apply an average inflationary uplift of 6.7% on the council’s discretionary fees and charges - only 25% of the respondents agreed with the proposal and 48% disagreed but yet Cabinet  approved the uplift without any apparent debate on this.  He asked how the responses to the consultation were considered.

The Cabinet Member for Finance responded to say that Cabinet did consider the responses to the consultation, and he would say more about this in his presentation of the Budget report.   Although the proposed changes did fail to maintain the speed of changes to inflation rates this was unavoidable.

To consider a report from the Chief Legal and Monitoring Officer (copy enclosed).

The Chair of the Independent Remuneration Panel (IRP) presented a detailed report in respect of a Members Allowance Scheme for 2024/25, 2025/26, 2026/27 and 2027/28.

Under the provisions of the Members’ Allowances Regulations the Council was required to make a Scheme (‘Members’ Allowances Scheme’) for the payment of Members’ Allowances each year. A Members’ Allowances Scheme needed to make provision for Basic Allowances, Special Responsibility Allowances (‘SRA’s’), Dependents’ Carers’ Allowances, Travelling and Subsistence Allowances and Co-optees Allowances.

During the course of their consideration of the new Members’ Allowances Scheme for 2023/24 a significant amount of work was undertaken by the IRP concerning an appropriate level of the Basic Allowance for Councillors in the new Council, which was fair and reasonable and adequately reflected and compensated members for their commitment and time spent on Council business.

A benchmarking exercise with comparator Councils, was carried out along with  a questionnaire circulated to all Members, and an invitation to all Members to address them as to the new Members’ Allowances Scheme.

In making their recommendations on a new Members’ Allowances Scheme for 2023/24 it had been recognised by the IRP that the level of SRA’s for the new Council was a particular area of some difficulty as neither the IRP nor Members or Officers had the benefit of how the governance structure of the new Council would operate in practice, and the demands of the roles in the new Council regarding which an SRA was payable. It was therefore considered by the IRP that in setting a Members’ Allowances Scheme for 2024/25 there should be a review of their initial assumptions regarding the levels of SRA’s in the light of experience.

In approving the Members Allowances’ Scheme for 2023-24 Council had recognised the difficulty the IRP had in setting SRA’s ahead of vesting day, noting the absence of comparisons of SRA’s with other similar authorities, which it believed were necessary for the reassurance for both Members and the general public. Council consequently resolved that the IRP should collect the necessary evidence and report back to the Council within nine months;

The IRP was provided with information to assist them in their review. That included  information on the brief of Executive Members, including numbers and locations of Cabinet meetings, formal Cabinet Member/ Director meetings, projects linked to individual portfolio areas, Committee and Outside Body Appointments and other Executive Member commitments, and information on Non-Executive Committee meetings.

13 Members had responded to the survey, a particular theme being that the present levels of SRA’s for Executive Members did not adequately reflect the responsibilities and commitments of the role, and travel time between meetings. Written representation were received from three Members. In addition six Members addressed the IRP in person.

The opinion of the IRP was that the present level of SRA’s payable to Executive Members did not properly reflect the responsibilities and commitments of the role, and that consequently they should be amended by way of an adjustment to the multiplier applicable to the roles  ...  view the full minutes text for item 79.

To consider a report from the Cabinet Member for Finance (copy enclosed).  Appendix 1 to follow.

Cllr V Hughes left the meeting at this point.

The Cabinet Member for Finance presented the 2024/25 Budget for Westmorland & Furness Council and the associated Medium Term Financial Plan and Capital Programme.  He was proud to be presenting this, and took members through the proposals.

As a Council Westmorland and Furness was not yet a year old, and this was the first budget that had been completed with a full leadership team.  It represented the next step in the council’s progress to being both financially stable and delivering upon both our Council Plan and manifesto priorities.

He thanked all of the Finance Officers and the wider Leadership Team that had worked to make this budget a reality.

He outlined the background and key themes to the budget, and then moved the recommendations.

The budget had been set with the council facing the highest inflation that the Country had seen for over 40 years.  Although inflation was now subsiding, prices across the economy were more than 20% higher than only three years ago.  The pressure of this inflation, and the knock on impacts on salaries and demand for services directly affected all local Councils. 

The council also continued to face adverse demographic pressures, with an older-than average population, and the numbers over retirement age were growing rapidly. 

Similarly, the pressures on Children’s Services, particularly the spiralling pressure from SEND/home-to-school transport, which was an issue for councils across the nation.

This budget was coming after 14 years of austerity.  Local Authority Core Spending Power was still way below the level of 2010 despite the increases in demands.

It was no surprise that the financial crisis that local authorities were encountering came after significant reductions in local authorities’ spending power which had itself coincided with increasing demand for the services and inflationary pressures driving up costs. Ultimately, the levels of funding available to local authorities, through council tax, retained business rates, and government grants had not kept pace with these pressures.

Recently five councils had declared Section 114 notices, with others requesting assistance from government.  Many local authorities were in a dire financial position but the Cabinet Member reassured members that Westmorland and Furness Council was not one of them.

The Cabinet Member outlined a clear path for the council that delivered both on financial sustainability and on delivering for its residents.  The budget could be summarised in three clear themes.

·                The first theme was continue the job of integration and stabilisation after LGR.  This council was only 10 months old, and the process of reorganisation had probably been even more difficult than was expected.  A number of areas had been identified that required further investment, and the Cabinet Member highlighted some of these specifically:

Ø Ensuring that we are putting in the necessary additional spend for areas under most pressure – particularly Children’s & Adult Social Care. 

Ø The pressures on SEND/home-to-school transport alone requiring £2m more budget next year. 

Ø We have included additional budgets for areas that had suffered most from  ...  view the full minutes text for item 80.

To consider a report from the Cabinet Member for Finance (To Follow).

The Cabinet Member for Finance presents the 2024/25 Council Tax Setting Report, which had been determined for 2024/25 based on the dwellings across Westmorland & Furness, the Council Tax Support Scheme, Council Tax discounts, and empty premiums.

The individual components of the Council Tax were approved through the budget setting processes of each preceptor, and the Council Tax required by Westmorland & Furness Council was decided with Agenda Item 8 – 2024./25 Budget Proposals.

Cllr Dixon returned to the meeting at this point.

The calculation and setting of the Council Tax was closely prescribed by legislation, and this report set out the individual components of the calculation and concluded with the formal resolution in accordance with the statutory requirements.

Cllr Rathbone returned to the meeting at this point.

Cllr Derbyshire returned to the meeting at this point.

The preceptors were Westmorland & Furness Council, the Parish and Town Councils, the Police & Crime Commissioner for Cumbria, and the Cumbria Commissioner Fire and Rescue Authority.

Cllr Callister returned to the meeting at this point.

The Cabinet Member took members through the report and highlighted the following:

·         Council Taxbase

·         Council Tax Requirement

·         Basic Council Tax Amount

·         Other major preceptors

He then moved the recommendations which were seconded by Cllr J Brook.

The Chief Legal and Monitoring Officer informed members that those that had not been present for the whole of the debate could not take part in the recorded vote.

Upon conclusion of the debate a recorded vote took place.

RESOLVED,     that Council

(1)     notes the Council Taxbase for 2024/25 as 89,542.67;

(2)     approves the formal Council Tax resolutions detailed at Section 4 of this report.

The meeting then broke for lunch at 1pm and reconvened at 1.45pm.

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

On reconvening a further roll call was taken with 51 members present.

Members considered a report which contained the mid-year Treasury Management position, and was reported to Council to provide an update on the delivery of the Treasury Management Strategy approved by Council on the 7 March 2023.

The Cabinet Member for Finance took members through the report.

Appendix 1 detailed the treasury management activities during the first half of the 2023/24 financial year, and highlighted performance and activities which confirmed all Treasury Management activities undertaken during the period, including adherence to limits with the approved Prudential Indicators, were in compliance with the Annual Treasury Management Strategy Statement agreed by Members of the Shadow Authority in March 2023.

An internal review of the 2023/24 Treasury Management Strategy Statement (TMSS) which included the Annual Investment Strategy had been undertaken by the Service. This review had concluded that no amendments were required to the strategy.

As at 30 September 2023, Treasury Management was forecasting to underspend by £6.553m as set out below:

•        No new external borrowing had been undertaken in the first six months of 2023/24 with the Council implementing its strategy to offset previously approved borrowing with short term cash reserves rather than incurring borrowing costs on new loans. It was also expected that no further borrowing would be undertaken during the remainder of 2023/24. This strategy had generated £2.886m savings in the year.

•        The Council was currently retaining cash balances and had taken the opportunity for the Council to obtain increased rates on its investment of these cash balances. As such, at 30 September 2023, the Council forecast to receive £3.621m more interest than budgeted in 2023/24.

•        Other expenditure within the Treasury Management budget was forecast to underspend by £0.046m.

The Cabinet member then moved the recommendations, which were seconded by Cllr Rathbone.

RESOLVED,     that Council notes the mid-year Treasury Management report.

To consider a report from the Cabinet Member for Transport and Environmental Services (copy enclosed).

Members considered a report from the Director of Public Health which informed them that the Licensing Act 2003 required that the Council published a ‘Statement of Licensing Policy’, setting out the policies the Council would generally apply when exercising their functions under the Act.

The Cabinet Member for Transport and Environmental Services informed council that legislation required the Statement of Licensing Policy to be published every five years. A consultation had been undertaken between the 1 October 2023 and 31 December 2023.

Section 7 (2) Licensing Act 2023 prohibited the Licensing Committee from setting its own policy. At the Licensing Committee, held on 22 January 2024, members considered the consultation responses and draft Policy and had recommended that Council adopt the Policy from 1 April 2024.

The recommendations were then moved by the Cabinet Member and seconded by Cllr Ladhams and put to a unanimous vote.

RESOLVED,     that Council adopt the draft Statement of Licensing Policy, as attached at Appendix 1 of the report, from 1 April 2024.

To consider a report from the Cabinet Member for Transport and Environmental Services (copy enclosed).

Members considered a report from the Director of Public Health which informed them that the Gambling Act 2005 required that the Council published a ‘Statement of Gambling Policy’, setting out the policies the Council would generally apply when exercising their functions under the Act.

The Cabinet Member for Transport and Environmental Services informed council that legislation required the Statement of Gambling Policy to be published every three years. A consultation had been undertaken between the 1 October 2023 and 31 December 2023.

The Gambling Act 2025 prohibited the Licensing Committee from setting its own policy. At the Licensing Committee, held on 22 January 2024, members considered the consultation responses and draft Policy and had recommended that Council adopt the Policy from 1 April 2024.

The recommendations were then moved by the Cabinet Member and seconded by Cllr Ladhams and put to a unanimous vote.

RESOLVED,     that Council adopt the draft Statement of Gambling Policy, as attached at Appendix 1 of the report, from 1 April 2024.

To consider a report from the Cabinet Member for Sustainable Communities and Localities (copy enclosed).

Members considered a report which sought to set out governance arrangements for the delivery of the new Local Plan for Westmorland and Furness including the establishment of a Local Plan Members Steering Group. The proposed measures in this report were considered by the Constitution Working Group on 12 February 2024, which was in favour of the proposals.

The Cabinet Member for Sustainable Communities and Localities took members through the report.

The proposed measures would:-

•      enable decisions relating to the Local Plan to be taken in a timely way which is aligned with the new requirement in the Levelling Up and Regeneration Act to prepare a Local Plan in thirty months;

•      allow members to be engaged in the plan preparation process in a positive, meaningful and time efficient fashion.

•      help to ensure the delivery a timely, up-to-date and exemplary plan to take Westmorland and Furness into the 2030s and beyond.

Cllr F Cassidy left the room at this point.

Westmorland and Furness Council was the Local Planning Authority for the District outside the National Parks. Whilst the local plans only covered half of the District by area, they included 85% of our population.  The law required local planning authorities to identify their strategic priorities and have policies to address these in local plans.

The local plan currently consisted of four existing legacy local plans. The task, following local government re-organisation was to prepare a single local plan incorporating the minerals and waste plan for the whole area within 5 years of vesting day.

The new Local Plan would set out the Council’s vision for how the area would change over the next 15 years and how that vision would be delivered. 

Under the Levelling Up and Regeneration Act, which received Royal Assent in October 2023, new processes for the preparation of Local Plans were being introduced with the aim of ensuring that plans were prepared within thirty months. Planning authorities would need to make the best use of digital technology to drive improved productivity and efficiency in the plan-making process.

A significant quantity of secondary legislation would be required before authorities could commence plan preparation under the new system. Under the proposals for rollout, new plans, would come forward in tranches with the first tranche (of around 10 councils) pioneering the new system for whom the thirty months would commence this autumn.

There was a clear opportunity for Westmorland and Furness to be in that first tranche. The national importance of the growth of BAE in Barrow, driven by the Aukus submarine building project would generate housing, place-making and infrastructure needs. Government had ambitions for Barrow to be a new powerhouse for the north with the establishment of Team Barrow. There would be clear advantages in being part of that first tranche.

The Cabinet Member said Westmorland and Furness needed to be prepared and this meant making the most of the resource available.

At the same time, some measures were being progressed ahead of the Local Plan as  ...  view the full minutes text for item 85.

To consider any urgent items of business.

There were no urgent items of business on this occasion.