Agenda and minutes

To receive any apologies for absence.

There were no apologies for absence.

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.

Whilst no Cabinet Member declared a pecuniary interest in the items on the agenda, the following other registerable interests were raised for clarity and transparency:-

-       Councillor A Jarvis (Cabinet Member for Finance) raised an other registerable interest for regarding Minute No. 54 (2025 – 2026 School Admissions Arrangements), as he was a Governor of St Martin and St Mary Church of England Primary School in Windermere. He confirmed that he was open minded and would remain in the meeting for discussion and voting on the item.

-       Councillor N Hughes (Cabinet Member for Transport) raised an other registerable interest regarding Minute No. 56 (A595 Grizebeck Improvement Scheme - Implementation of Compulsory Purchase Order (CPO) and Side Roads Order), as he was a member of the Lake District National Park Authority. He confirmed that he was not on the Development Control Committee and would remain in the meeting for discussion and voting on the item.

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

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

To receive the minutes of the previous meeting held on 11 July 2023 (copy enclosed).

RESOLVED, that the minutes of the previous meeting held on the 11 July 2023 be agreed as a true and accurate record.

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

(note questions or statement must be received in writing (including email) by the Council at least 3 clear working days before the day of the meeting (not including the day of the meeting). So, for example, if the meeting is on Tuesday requests must be received by 11.59 pm on the previous Wednesday by the person named on the front of the agenda.  Petitions must have been presented to the Monitoring Officer 9 working days before the date of this meeting to be valid).

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

To receive statements by the Leader of the Council and Cabinet Members.

The Leader made reference to the ‘Leading the way to Net Zero’ event held by Zero Carbon Cumbria, he noted that the event had been a good opportunity for businesses and others that attended to consider the significant challenges faced in the climate emergency and with biodiversity loss. The event was well attended with input from across the County and the leadership role played by both Westmorland and Furness as well as Cumberland Council’s.

Cabinet Members were reminded of the full agenda for the Cabinet meeting and it was recognised that progress was being made in the life of the new council in the adoption of policies and of all the actions being taken. The Leader thanked officers for the hard work done in preparing the items on the agenda.

This item gives Councillors an opportunity to put questions to Cabinet Members.

Questions must relate to the powers, duties or responsibilities of the Cabinet and must relate to their portfolio responsibilities.  Questions should be brief, clear and focussed. 

This item will last for a maximum of 20 minutes.

There were no questions to Cabinet Members on this occasion.

For Cabinet to consider any referrals from Council or any of the Overview and Scrutiny Committees.

There were no referrals from Council or Overview and Scrutiny Committees for this meeting.

To consider a report from the Leader of the Council (copy enclosed).

The Leader presented a report which sought Cabinet approval to recommend the Westmorland and Furness Council Plan Delivery Framework to Council.

The Westmorland and Furness Council Plan Delivery Framework builds on the Council Plan that was approved by Shadow Authority Councillors in December 2022. The Framework was intended to set the strategic direction for the organisation and help explain how the Council would facilitate improved outcomes for residents, communities and businesses, identifying specific activities and deliverables for year one (2023/24), and setting out how the Council would use its convening powers through collaborative partnership working to facilitate the delivery of these outcomes.

To support the delivery of the Plan, the Council had now developed a more detailed Delivery Framework that has built on the content of the Council Plan. It set out the strategic direction for the organisation and helped to explain how the Council would facilitate improved outcomes for residents, communities, and businesses, to make Westmorland and Furness a great place to live, work and thrive.

The Delivery Framework identified 10 strategic themes:-

·           Communities

·           Homes

·           Learning

·           Care

·           Health & Wellbeing

·           Connections

·           Environment

·           Culture

·           Growth and

·           Service

Each of the strategic themes had a mission statement and a set of success measures, which outlined the outcomes that the Council was seeking to achieve. There was also a set of year one key deliverables for each of the themes, which would be delivered in 2023/24. The Framework would be used to inform the development of a new Performance Management Framework for the Council.

The Delivery Framework had not been the subject of formal consultation, however, it had been shared with a range of internal and external stakeholders for informal feedback.

A launch event was planned for the 29 September 2023, with key partners and stakeholders, and this would start the process for engagement with partners and communities in the development of planned activity for each of the ten themes.

The Leader then moved the recommendations.

The recommendations were seconded by the Deputy Leader who thanked officers for the hard work which had been done to help the Council make a significant step towards the delivery of the Westmorland and Furness Council Plan, its vision, values and strategic objectives.

The recommendations were then put to a unanimous vote.

RESOLVED,     that Cabinet approve the Westmorland and Furness Delivery Framework attached at Appendix A of the report, and recommend it to Council.

To consider a report from the Leader of the Council (copy enclosed)

Cabinet considered a report from the Chief Legal and Monitoring Officer, which set out the background to the Regulation of Investigatory Powers Act 2000 and requested that Cabinet approve a Westmorland and Furness Regulation of Investigatory Powers Act (RIPA) Policy.

The report updated Cabinet members that a RIPA inspection would take place on the 11 of October 2023 and provided an update on surveillance activity since April 2023. 

Members noted that no applications had been applied for.

The Leader then moved the recommendations.

The recommendations were then seconded by the Cabinet Member for Transport. He commented that he was pleased with the policy, which protected the personal privacy and human rights of residents, as well as providing powers to enforce in situations where necessary.

The recommendations were then put to a unanimous vote.

RESOLVED,     that Cabinet

(1)            approves the Regulation of Investigatory Powers Act 2000 policy attached at Appendix 1;

(2)            delegates authority to the Chief Legal Officer and Monitoring Officer in consultation with the Leader and Deputy Leader to make amendments to the policy where required as a result of changes in legislation or as a result of the inspection;

(3)            agrees that training on the Regulation of Investigatory Powers Act 2000 should be added to the Council wide officer training programme.

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

The Cabinet Member for Sustainable Communities and Localities presented a report which requested approval of the Community Grant criteria and scheme for the Locality Boards as a requirement in the Constitution.

The report also updated members on the approach being taken to develop a consistent, robust and transparent corporate grant funding policy, and confirmed that Commissioning, Procurement and Social Value development were integral and complementary to this proposed policy.

Finally, the report highlighted the consultation undertaken to date and the intention to consult more widely to ensure the policy was fit for purpose and would help support a sustainable Westmorland and Furness Voluntary, Community, Faith and Social Enterprise (VCFSE) sector.  

There were many advantages for the Council in distributing grants, which included the ability to support the Voluntary, Community, Faith and Social Enterprise (VCFSE) sector and other non-profit organisations to deliver localised support, tailored to the needs of a community. 

It also provided a mechanism through which the Council could support particular activity or invest in a community, which in turn build community confidence and resilience, adding value in a way which was supportive and developmental.  Ultimately, it could lead to voluntary community groups progressing to make the leap to become a social enterprise, providing employment and generating surpluses to be directed back into the community.

The Terms of Reference for the Locality Boards (part 2, section 5, paragraph 14.12.1(a)) stated that Locality Boards would allocate grants within the terms of a Community Grants Scheme to be developed by Cabinet.  As an interim measure to enable community activity to be supported, the three Locality Boards met in May and approved the following: 

·         To establish interim Community Grants Funds to be administered as an interim measure in accordance with a set of agreed interim criteria (Guide to the Application Process and Terms and Conditions of Funding).

·         Delegation to the Senior Manager (Safe & Strong Communities), in consultation with Members, to grant award decisions in respect of the Community Grants Scheme up to a value of £5K.

It was proposed that the criteria in Appendix 1 be adopted as the substantive criteria for the Community Grants Scheme. 

To support a joined up approach to grant distribution and full awareness, the Town and Parish Councils would be updated on a regular basis on the voluntary and community groups in their area who had been supported with a Community Grant.

The Locality Boards would also be required to consider community bus grants as part of the Priority Investment Fund, Local Sustainable Travel and Transport Fund.  While the criteria for this was a separate consideration, the Community Grants process and associated good governance requirements, provided the foundation for the robust allocation of all grants distributed by the Locality Boards. 

Westmorland and Furness Council would develop targeted programmes that distributed grants to support and invest in local activity, consistent with council priorities, including culture, arts, heritage and sport to name just a few. This activity required a clear and transparent policy and set of procedures to  ...  view the full minutes text for item 49.

To consider a report by the Director of Finance (Section 151 Officer) (copy enclosed)

The Cabinet Member for Highways and Assets presented a report which informed them that council services were producing policies for the work of the newly integrated teams. As part of this process the ‘Property Disposal Policy’ had been written to set out the principles and recommended approach for the disposal of council property assets.

This policy set out steps to be followed to achieve best practice, ensure the maximum benefit of the asset was realised in the context of Council Plan Priorities and to complement Strategic Asset Management Strategy commitments to deliver a modern, effective and fit-for-purpose property portfolio and healthy working environment.

This policy complemented the Council Plan, Delivery Plan & Performance Management Framework, Constitution and Scheme of Delegation.

The council’s corporate property portfolio consisted of circa 550 buildings of differing age, function and efficiency and 1,200 non-housing assets, including land parcels.

The council’s emerging Strategic Asset Management Strategy would support Council Plan and Delivery Plan & Performance Management Framework commitments to deliver a modern, effective and fit-for-purpose property portfolio and a healthy working environment. This would drive the focus of the Corporate Assets Team to make best use of council assets to enable efficient delivery of services.

This could mean improving buildings, changing their use, selling or leasing to partner organisations and community groups to achieve Council Plan objectives, or disposal on the open market and reinvestment of capital receipts in our frontline services.

The approval of the policy would mean that the Constitution would require amendment as outlined in Appendix 2. A list of surplus assets would be presented to Cabinet for approval and that the list of surplus assets would also be presented to Council for approval of inclusion in the Capital Programme.

The Cabinet Member for Highways and Assets moved the recommendations.

The Cabinet Member for Finance seconded the recommendations and thanked officers for their hard work and the consultation with Portfolio Holders. He added that the importance of the policy was clear and that it was crucial that officers and members were aware of the approach towards reviewing disposals as well as having transparency for members of the public.

Cabinet Members shared this sentiment, reiterating the importance of transparency and dialogue with communities and Town and Parish councils.

The recommendations were then put to a vote which was unanimous.

RESOLVED,     that Cabinet

(1)        adopts the ‘Property Disposal Policy’ attached at Appendix 1; and

(2)        recommends to Council the required amendments to the Constitution attached at Appendix 2 of the report.

To consider a report from the Director of Resources (Section 151 Officer) (copy enclosed)

Members had before them a report which informed them that Cabinet was being asked to adopt a ‘Community Asset Transfer (CAT) Policy’ which had been developed to set out the principles and recommended approach for the leasehold transfer of council property assets to community groups (excluding service devolution and disposals of the school estate, housing portfolio and highways infrastructure).

This policy set out the process for screening relevant assets for suitability for Community Asset Transfer. Where there was potential for transfer the policy ensured appropriate, timely and transparent judgements in each case.

The council’s emerging Strategic Asset Management Strategy would drive the focus of the Corporate Assets Team to deliver a modern, effective and fit-for-purpose property portfolio and a healthy working environment to enable efficient delivery of services. This approach involved selling or leasing surplus land and buildings either on the open market, with reinvestment of capital receipts in our frontline services, or through transfers to partner organisations and community groups to achieve Council Plan priorities and wider community wellbeing objectives in compliance with the terms of the Constitution and Legislation.

CAT was one of the ways in which corporate priorities could be achieved. The assets that the council owned in local communities may play an important part in enabling appropriately constituted groups to come together to offer communities a range of activities and services that benefitted the social and economic wellbeing of an area. CAT’s can provide an opportunity to enable communities to help themselves.

An asset was unlikely to be considered suitable for CAT where any of the following circumstances were present:

•          The asset remains operational, or the service need for the asset remains under review,

•          There is a significant maintenance backlog,

•          There is a legal requirement to offer the surplus asset to another entity

•          Where sale at an ‘undervalue’ is not possible (e.g. where an asset is held on ‘trust’ and sale proceeds must be ring-fenced in accordance with the charitable objectives of the trust),

•          There is potential for a significant capital receipt which outweighs the community benefit from CAT,

•          The level of capital investment is disproportionate to the outcome sought,

•          The proposal would result in significant ongoing holding costs,

•          The asset is incapable of achieving suitability and sufficiency of accommodation for proposed end use,

•          There would be a detrimental viability impact on the community group from transfer and any subsequent use,

•          CAT is likely to result in an ongoing future subsidy requirement from council.

•          Assets which have to be retained for legal, contractual or other reasons.

Where CAT was not ruled out by the above screening factors the council would consider a CAT where:

•          The asset is owned by the council and declared surplus to operational needs,

•          The community group requesting transfer is appropriately constituted, fit and proper with a stable evidenced financial position and track record (e.g. town and parish council, registered charity, community interest company, charitable incorporated organisation, not-for-profit company),

•  ...  view the full minutes text for item 51.

To consider a report from the Director of Resources (Section 151 Officer) (copy enclosed).

All appendices to this report are not for publication by virtue of the following Paragraphs of Schedule 12A of the Local Government Act 1972: Paragraph 3 information relating to the financial of business affairs of any particular person (including the authority holding that information) (Appendices 2, 3 and 4) and Paragraph 5 – information in respect to which a claim to legal privilege could be maintained in legal proceedings (Appendices 1 and 5).

Cabinet considered a report which sought approval to fund and construct a 2MW Solar Farm at Sandscale Park, Barrow in Furness at an estimated cost of £2.781m and award a stage 2 construction contract to build the solar farm to Vital Energi Ltd at cost of 2.481m. The £0.3m cost above the £2.481m contract value are for management, risk legal and advisory fees. 

The report also sought approval to enter into an agreement with an energy organisation to sell the electricity generated. 

The Cabinet Member for Highways and Assets referred to the volatility of the price of electricity and explained that the risk associated with the price was balanced by the relationship between the selling and buying price of electricity. If the selling price for electricity reduced, the buying price would also reduce which would make savings in the Council’s electricity budget.

The solar farm had an expected life of 35 years and would generate green electricity, which would be used to offset the council's carbon emissions in accordance with the council's carbon management objectives, which are incorporated within the developing Climate Action Plan 2023.

The Cabinet Member thanked officers for their work to ensure the Council was in a position to consider the item with the relevant planning permissions and a grid connection in place.

The recommendations were moved by the Cabinet Member for Highways and Assets.

The Cabinet Member for Climate and Biodiversity seconded the recommendations and thanked officers for their work. He added that the proposals were an example of the Westmorland and Furness delivering on its commitment to consider the climate emergency as a crisis and that the Council could be part of the solution.

In response to a query raised regarding the current use of the land and any potential biodiversity loss, the Cabinet Member for Highways and Assets explained that the land was currently low grade agricultural land and the proposals would cause no loss to biodiversity.

The Cabinet Member for Finance added that the proposals were an example of making the best use of the assets held by the Council and that the base case showed a good return on investment. He added that there was a significant impact on CO2 equivalent which had a real value when considering the climate emergency.

The recommendations were then put to a vote which was unanimous.

RESOLVED,     that Cabinet

(1)    approves the decision to build and operate (for 24 months) a 2MW solar farm at Sandscale Park, Barrow in Furness. Operation after 24 months will be subject to a separate contract, and;

(2)    recommends to full Council to approve the scheme to be included within the 2023/24 capital programme.

(3)    approves the award of a Stage 2 construction contract to Vital Energi Ltd in the sum of £2.481 million to construct a 2MW Solar Farm for the reasons set out in the tender analysis report at Appendix 4, and;

(4)    delegates authority to the Director of Resources (Section 151 Officer), in consultation with the Cabinet  ...  view the full minutes text for item 52.

To consider a report from Cabinet Member for Children’s Services, Education and Skills (copy enclosed).

The Cabinet considered a report which presented the first Westmorland and Furness Youth Justice Plan.

Westmorland and Furness Youth Justice Plan was required to be submitted to the Youth Justice Board by 30 June 2023. A draft copy of the plan had been accepted by the Youth Justice Board, with a final formal submission made after the plan was presented to full council in September 2023.

Local authorities had a statutory duty to submit an annual youth justice (YJ) plan relating to their provision of youth justice services.

The annual youth justice plan, sets out:

•          how youth justice services in their area are to be provided and funded

•          how the youth offending team or equivalent service will be composed and funded, how it will operate, and what functions it will carry out.

Grant funding was dependent on the submission of this plan, using the set guidance.

The Cabinet Member for Children’s Services, Education and Skills moved the recommendations.

The recommendations were seconded by the Cabinet Member for Housing and Homelessness.

The recommendations were then put to a vote which was unanimous.

RESOLVED,     that Cabinet endorses the first Westmorland and Furness Youth Justice Plan and recommends it to Full Council.

To consider a report from Cabinet Member for Children’s Services, Education and Skills (copy enclosed).

Cabinet Members considered a report which set out the proposed 2025-26 admission arrangements for Community and Voluntary Controlled schools, for which Westmorland & Furness Council was the statutory admission authority. 

The Local Authority (LA) was required to consult other admission authorities on any changes to the policy, including catchment areas and proposed reductions to published admission numbers (PANs).  The LA must also consult the governing bodies of Community and Voluntary Controlled schools where it proposes to increase or retain the existing Published Admission Number (PAN) for 2025-26.

Consultation on the 2025-26 arrangements must take place for a 6-week period between 1 October 2023 and 31 January 2024.

The paper also sets out the proposed co-ordinated scheme for school admissions in 2025-26, which the LA was required to formulate by 1 January 2024.  The LA was required to consult on the scheme if it had changed from the scheme adopted for the previous academic year.

The Leader reminded Cabinet Members that an amended Appendix B to the report had been circulated and published alongside the agenda prior to the meeting.

The Cabinet Member for Children’s Services, Education and Skills moved the recommendations.

The recommendations were seconded by the Cabinet Member for Sustainable Communities and Localities.

The Cabinet Member for Finance expressed his support for the proposals but queried the use of straight line distances used in the report which due to the geography of the Westmorland and Furness area may not be the most suitable approach.

The Director of Children’s Services responded, noting that this would be considered in the following year’s arrangements.

The recommendations were then put to a vote which was unanimous.

RESOLVED,     that Cabinet

(1)    approves for consultation in accordance with the School Admissions Code 2021 (para 1.47) the proposed admissions arrangements for Community and Voluntary Controlled schools at Appendix A

(2)    approves for consultation the proposed co-ordinated admission scheme for 2025-26 at Appendix B;

(3)    approves the nursery admissions policy for 2025-26 for Community and Voluntary Controlled nursery schools and infant/primary school providing nursery education at Appendix C; and

(4)    approves, for consultation with the appropriate schools, ‘the relevant area’ for admission authorities in Westmorland and Furness, Appendix D.

(5)    reviews the arrangements for admissions to school that were in place in   county council and consider any future changes that may be required for Westmorland and Furness.

To consider a report from Cabinet Member for Children’s Services, Education and Skills (copy enclosed).

Members considered a report which set out the Children’s Social Care Improvement and Development Plan for 2023 – 24.

This plan incorporated actions resulting from the Ofsted inspection in Cumbria, undertaken in September 2022 under the Inspection of Local Authority Children’s Services (ILACS) framework, as well as other priority areas identified to drive improvement.

Children’s social care was subject to inspection by Ofsted, under the ILACS framework.  The last full inspection occurred in September 2022, on a Cumbria footprint. The overall judgement was ‘requires improvement’, notably with the sub judgement relating to children looked after and care leavers judged as ‘good’.  As a result of this inspection, a number of priority areas for improvement were identified which are captured within this plan.

It was critical for Westmorland and Furness Council to review and develop the previous Cumbria plan to align with its priorities and local context.   This plan identified the actions which would be delivering to drive the ongoing improvement and deliver its aspiration to be validated externally as providing consistently ‘good’ services for children, young people and families.

The Cabinet Member for Children’s Services, Education and Skills moved the recommendations.

In seconding the recommendations, the Deputy Leader thanked the staff for the hard work in support of children.

The recommendations were then put to a vote which was unanimous.

RESOLVED,     that Cabinet approves the Children’s Social Care Improvement and Development Plan 2023-24 attached in Appendix A.

To consider a report from  the Cabinet Member for Highway and Assets (copy enclosed)

Cabinet Members had before them a report which informed them that following the decision of the Leader of Cumbria County Council dated 14 October 2022, a Compulsory Purchase Order (CPO) and a Side Roads Order (SRO) were made by the Council on 27 October 2022 and were subsequently confirmed by the Secretary of State on 12 June 2023 (attached at Appendix 6 and Appendix 7). 

Notice of the confirmation of the SRO was published by the Secretary of State on 29 June 2023; and notice of the confirmation of the CPO was published by the Council on the same date.  The confirmed SRO and the confirmed CPO authorise, respectively, highway works (SRO) and the acquisition of land (CPO) required to facilitate the construction of the A595 Grizebeck Improvement Scheme, which was needed to support economic growth by facilitating the movement of goods and people between West and South Cumbria and by providing strategic improvement to the major road network, whilst also addressing local transport issues arising from the impact of the A595 in Grizebeck.

This report recommended delegation of power to implement the SRO and the CPO to the Director of Resources and the Director of Thriving Places, (subject to approval of the Full Business Case and receipt of funding).

Full details of the background and wider scheme could be found within the Cumbria County Council Leader Decision Record dated 14 October 2022 attached at Appendix 5 of the report.

The Cabinet Member for Highways and Assets moved the recommendations.

In seconding the recommendations, the Cabinet Member for Transport and Environmental Services made reference to the Government’s aspirations of linking the Barrow with the west coast of Cumbria and a number of projects scheduled for the area. He expressed concern over the lack of specific public transport enhancements in the scheme, and added that the commitment to net zero carbon would benefit from improved public transport links between Barrow and the west coast.

The recommendations were then put to a vote which was unanimous.

RESOLVED,     that Cabinet

(1)        agrees to (subject to approval of the Full Business Case and receipt of funding):

a)     authorise the Director of Resources (or in her absence the Assistant Director of Corporate Assets, Fleet and Capital Programme), to take all appropriate actions, within the approved budget, necessary for the purpose of acquiring land, and acquiring (or extinguishing) rights over land, by agreement (as an alternative, where possible, to the compulsory acquisition of land pursuant to the CPO; and including negotiating the terms and conditions of, and entering into and completing, any licences, agreements and undertakings, as necessary to complete such acquisitions) to allow the construction, operation and maintenance of the A595 Grizebeck Improvement Scheme.

b)     authorise the implementation of the confirmed Cumbria County Council (A595 Grizebeck Improvement Scheme) Compulsory Purchase Order 2022, for the compulsory purchase of land and rights required for the A595 Grizebeck Improvement Scheme within the area shown on the Order Map (attached at Appendix 1).

c)     authorise the implementation of  ...  view the full minutes text for item 56.

To consider any urgent items of business.

There were no urgent items for this meeting.