Agenda and minutes

County Council
Thursday, 10th January, 2019 10.00 am

Venue: Council Chamber, County Offices, Kendal

Contact: Jackie Currie  Email:

No. Item


Roll Call of Members


The Chair welcomed Mr P McSweeney, the newly elected member for the Kent Estuary, to his first meeting of the County Council.



Declarations of Interest

To disclose any disclosable pecuniary interests relating to any item on the agenda.


Members are asked to refer to the Monitoring Officer and Senior Manager for Legal and Democratic Services for advice in relation to the declaration of interests at meetings of the full Council.  A complete list of declarations notified to the Acting Monitoring Officer by 5.00 pm on Monday ???? will be circulated at the meeting. If any member wishes to correct or add to the circulated list, guidance on what constitutes a disclosable pecuniary interest is set out below.


NB The following is a summary of what constitutes a disclosable pecuniary interest. Please seek advice from Legal and Democratic Services.


Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises


1          Details of any employment, office, trade, profession or vocation carried on for       profit or gain.


2          Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses.  (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.


3          Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority


(a)       Under which goods or services are to be provided or works are to be           executed; and


            (b)       Which has not been fully discharged.


4          Details of any beneficial interest in land which is within the area of the authority. 


5          Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 


6          Details of any tenancy where (to your knowledge)


            (a)       The landlord is the authority; and


            (b)       The tenant is a body in which you have a beneficial                                                   interest.


7          Details of any beneficial interest in securities of a body where


(a)       That body (to your knowledge) has a place of business or land in the         area of the authority; and



(b)       Either –


(i)      The total nominal value of the securities exceeds £25,000 or one       hundredth of the total issued share capital of that body; or


(ii)     If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.




A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living  ...  view the full agenda text for item 51.


There were no declaration of interest made on this occasion.



Minutes pdf icon PDF 132 KB

To confirm as a correct record the minutes of the meeting of the Council held on 15 November 2018 (copy enclosed).


RESOLVED that,     the minutes of the previous meeting held on 15 November 2018 be agreed with the following amendments:-


Minute No 39 - Public Participation on page 8 – change the last two words in paragraph 3 to read en masse.


Minute No 45 – Local Government Reorganisation – Mr J Mallinson asked for it to be recorded that his dissent was noted, not his disagreement.


Minute No 46 - Questions – on page 18 at the start of paragraph 6 change Mr RC Hanson to Mrs RC Hanson.


Also in Minute No 46 – Questions - on page 18 in paragraph 5 at the state of the last sentence change the word he to Mr Brereton.



Exclusion of Press and Public

To consider whether there are any items on the agenda for which the press and public should be excluded.


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


Public Participation

No petitions, questions or statements from the public under the Public Participation Scheme for the Council had been received at the time of despatch.  This item is time limited to 30 minutes.




There were no questions, petitions or public statement made on this occasion.



Announcements and Communications

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


The Chairman announced that details of the engagements undertaken by herself and the Vice Chair since the last meeting had been circulated to all members.


Over the festive period, HM Lord Lieutenant of Cumbria, Mrs Claire Hensman, announced several Cumbrian people had been named in this year's New Year Honours List.


Of these was Norman Clarkson of Calderbridge, near Seascale, for services to the community in West Cumbria. Mr Clarkson was Chairman of Cumbria County Council in 2012/13 and a former Mayor of Copeland 2005/6, and Mr Brian Hough for services to the local community and Diabetes UK. 


Cumbria County Council employee, Mr Clive Johnson was awarded the Queen's Fire Service Medal (QFSM) for his dedication to the Fire and Rescue Service in Cumbria.


Mr Johnson, from Staveley, had worked in the Fire Service for 50 years before going into retirement. He joined theService in 1968 when he was 18 years-old and climbed ranks from Firefighter to Watch Manager.


The Chairman thanked everyone who had bought tickets for the Chairman’s Raffle this year.  One of the charities which would be supported from this would be the Royal British Legion to assist with the work they do all year round in the county to support the men and women of the Armed Forces and their families. The raffle this year raised £600.00 for the Chairman’s Charities.


The annual Christmas celebration events for our looked after children, foster carers and their families from across Cumbria took place in both Carlisle and Barrow in December. They were a huge success and a great opportunity for the County Council to show its appreciation to foster carers for their ongoing support and commitment.


The Chairman thanked officers in the Communications team and the fostering teams who organised and attended these events.


The Leader and the Chief Executive had no announcements to make on this occasion.


Mrs Celia Tibble, Cabinet Member for Environment made an announcement about Climate Change.


The climate was changing and extreme weather events were becoming more frequent.  It was undeniable that the impact of this change was having a very real effect; Cumbria had experienced severe flooding and storms several times in recent years. Therefore adapting to the impacts and supporting communities to live with significant changes was important, and Cumbria was already doing this.


The UK had been leading the international effort to cut emissions and passed the Climate Change Act in 2008.  There were mandatory carbon targets that were legally binding for the UK – different sectors were expected to play their part in meeting their targets, including the public sector. It was imperative that carbon emissions were reduced to limit the impacts of a changing climate. 


Cumbria was proud to have a number of communities leading the way in encouraging more sustainable and low carbon living.  Local Flood Action groups were helping to support households to get the information they needed about flood risk in their areas.


The County Council first took action back in 2009 publishing the  ...  view the full minutes text for item 55.


Minutes of the Executive pdf icon PDF 63 KB

Minutes of the meetings of Cabinet held on 22 November 2018 and 20 December 2018 (copies enclosed)


The Leader of the Council will ask members if they have any questions on the minutes taking each page in turn. Members should state clearly the minute number of the item concerned.

Additional documents:


The Leader presented the minutes of the Executive meetings held on 22 November 2018 and 20 December 2018.


Mr J Airey asked the Leader to outline how the consultation had been launched, and how the public were being engaged in the process.  The Leader responded to say that the consultation exercise had now closed and the responses were currently being analysed.  He confirmed that the consultation exercise met all the statutory requirements for a budget consultation exercise.  Members noted the outcome of the consultation exercise would be included in the budget paper to full Council in February.


Mr P Dew asked the Leader whether there was any intention to close any more care beds, especially in the Appleby and Kirkby Stephen areas.  The Leader confirmed there were no current plans for any additional closure of care homes, or removal of care beds in these divisions. 


Mr L Fisher asked re Minute 61 – Development of the MTFP 2019-23 Council Plan that in future the figures for increases for Council Tax Bands in the consultation document be shown for each council tax band in relation to the County’s share of council tax; not just the estimated value of the increase from the proposed council tax increase set out in the consultation document.


In relation to Minute No 70 (B) – Response to Referral from South Lakeland Local Committee Mr Brereton reiterated his thanks to the Cabinet for agreeing to reconstitute the Windermere Ferry Committee. He asked the Cabinet Member for Highways and Transport whether it was his intention to attend the meetings.


The Cabinet Member responded to say he would be happy to attend the inaugural meeting of this group, but it would be an advisory group of South Lakeland Local Committee.  The Local Committee would therefore establish the membership, and call meetings.  The Cabinet Member would ask officers to bring a report to the next meeting of South Lakeland Local Committee to take this forward.


Mr N Hughes asked if the Leader had any idea when the details of the shared Prosperity Fund might be shared with Members.  The Leader responded to say an announcement was still awaited from Government on when the consultation would be launched, however, members had been lobbying the LGA to ensure that any replacement for EU finding was adequately resourced and flexible enough to allow projects to continue.


Mr P Dew asked how the council would be mitigating for the significant projected overspend in 2018/19, what accounted for the overspend, and what plans were in place to resolve this significant issue.


The Leader responded to say that the areas of the Council’s activities which were subject to the greatest pressures were in the People Directorate, which included both children’s and adult services.  Both of these services had seen increases in the demand for services, an increase in the complexity of cases and also a significant increase in the cost of procuring these services. 


To mitigate this the Council was looking to procure additional provision within  ...  view the full minutes text for item 56.


Scrutiny Update Report pdf icon PDF 92 KB

To consider a report by the Chair of Scrutiny Management Board (copy enclosed)



Additional documents:


The Chair of Scrutiny Management Board presented a report which updated Council on the work of Scrutiny and any issues and developments that had occurred since the last meeting of County Council.

The Chair informed members that since the papers had been issued for this meeting a valid call in had been received for the decision of Cabinet on 20 December 2019 – 2020-2021 School Admissions Arrangements.

The grounds for call in were clarified at a meeting between the call in members, the Chair and Vice Chair of Scrutiny Management Board, the Cabinet Member for Schools and Learning and the Assistant Director – Education and Skills on 10 January 2019.  The Scrutiny Management Board Call in meeting would take place on 22 January 2019.

The Boards continued to explore key issues for the Council in order to provide scrutiny and challenge. The Work Programme was kept under review so that key issues could be considered in a timely manner to support the Council deliver its priorities.

Mr N Hughes asked whether a definitive email could be sent to all members about the self-assessment consultation, and the Chair of Scrutiny Management Board AGREED to ask officers to action this.

RESOLVED that,     the report be received and noted.




To consider questions from Members, in accordance with Council Procedure Rule No 11.2, to the Leader, a Member of the Executive or the Chair of any Committee.


Lord Liddle asked if the County Council had undertaken a risk assessment about the possibility of a no deal Brexit, and whether there would be any plans in place to mitigate this, especially in relation to industries and agriculture in Cumbria.  


The Leader responded to say that no information had been forthcoming from Government on the possible effect of a no deal Brexit on local authorities.  However, Cumbria County Council would be unable to put in place plans to mitigate the circumstances of a no deal Brexit, in the time available.  He felt the consequences of a no deal Brexit would be profound for both business and agriculture in the County.


Mr J Airey asked when the details of the payment made to the previous Corporate Director – Economy and Infrastructure would be made public. He was aware that a Freedom of Information request had been made for this information, but this had been refused.   


The Leader responded to say that under Access to Information Regulations there are a number of categories under which information could be exempted and this one was refused under Category 1 as it contained information relating to any individual.  However, it was likely some of this information may be included in the Annual Accounts, once published.


Mr C Whiteside asked the Cabinet Member for Highways and Transport for an update in progress of developing ‘shovel ready’ schemes for the A595, and how many were ready. 


The Cabinet Member for Highways and Transport responded to say that he met with Highways England on a regular basis and bids were submitted where appropriate.  However, the current scheme being developed was for Grizebeck. He would keep members updated when schemes were developed for the A595.


Mr F Morgan asked the Cabinet Member for Public Health and Communities why she thought the health and wellbeing of Cumbria was receiving less funding for public health than the rest of the country.


The Cabinet Member responded to say that she agreed that it appeared that the funding provided for Cumbria suggested that we were not as popular as our neighbours in the South, even though there was clear evidence of health inequalities in this County, and it was a great challenge to keep services going with less and less money.


The Cabinet Member added that the importance of prevention was a priority for this Council, and funding was vital, therefore she would be the first to stand up and ask for more. However Cumbria would also concentrate on doing the best it could with the funds available.


Mr D Wilson asked the Cabinet Member for Economic Development if he could outline details of the plans in relation to the future of Millom Network Centre. 


The Cabinet Member responded to say that there was a dispute between the Network Centre and Millom School, which he was unable to disclose.  However, the County Council wanted to ensure that services would be maintained in Millom.  He AGREED to  ...  view the full minutes text for item 58.



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



Additional documents:


Members considered a report from the Chair of the Constitution Review Group, which recommended that the Council adopt certain changes to the Constitution, to maintain it as an up to date, living document. The specific changes were:-


·      new Terms of Reference for Cumbria Local Pensions Board (Part 2P) and Cumbria Fire Local Pensions Board (Part 2Q)

·      new Officers’ Code of Conduct (Part 6B) and

·      new Anti-Fraud, Bribery and Corruption Policy (Part 6D)


With reference to the Cumbria Local Pensions Board and Cumbria Fire Pensions Board, the Chartered Institute of Public Finance and Accountancy (CIPFA) published updated guidance for Local Pension Boards in May 2018. As a result the opportunity had been taken to review the current Terms of Reference for Cumbria Local Pension Board and Cumbria Fire Local Pension Board with a view to updating these and ensuring they aligned to CIPFA guidance.


The current terms of reference of the Boards do not permit substitution, as a result a new set of clauses on substitution had been included in the proposed terms of reference to permit each Board member to have a substitute. The substitutes would be appointed in the same way as the Board members.


In relation to the Officer Code of Conduct the Council had an Officers’ Code of Conduct which had been in place for many years.  It was an important part of the Council’s governance framework, setting out the ethical standards and conduct expected of officers.  As with the Member Code, the Officer Code had as at its foundation the Nolan standards of conduct in public life.  It was some years since the Council’s Code had been reviewed and the current review had been carried out to ensure that the Code remained fit for purpose.


The Anti-Fraud, Bribery and Corruption Policy had been reviewed in the context of recent changes in the law requiring a more proactive approach to preventing tax evasion, promoting greater awareness of related offences to money laundering, including criminal & terrorist activity. A number of changes were proposed to the policy to reflect these changes, in relation to money laundering and the Proceeds of Crime Act, as well as to integrate money laundering and tax evasion measures into the main body of the Policy.


RESOLVED that,     Members approve the following documents as updates to Parts of the Constitution, replacing current Parts:-


·           Terms of Reference Cumbria Local Pensions Board (Part 2P)

·           Terms of Reference Cumbria Fire Local Pensions Board (Part 2Q)

·           Officers’ Code of Conduct (Part 6B)

·           Anti-Fraud, Bribery and Corruption Policy (Part 6D)




Urgency Provisions

None for this meeting.



The urgency provisions had not been used since the last meeting of Council.



Notices of Motion

None for this meeting.



There were no notices of motion for this meeting.




None for this meeting.



Mr M Wilson gave a speech about the ‘Fizz Free February’ campaign, which was asking people to pledge to go fizz free this February to help kick the sugary drinks habit.


Fizz Free February was a great way to reduce sugar intake by cutting out fizzy drinks. Fizzy drinks were the largest single source of sugar for children aged 11-18, and provided an average of 29% of daily sugar intake. By committing to going fizz free for the entire month of February it would hopefully make it easier to cut down on fizzy drinks for the rest of the year.