Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Mrs H F Carrick, Mr T S A Lowther and Mrs M Robinson.

To disclose any personal and prejudicial interests relating to any item on the agenda.

NB   The following is a summary of what constitutes a personal interest and a personal and prejudicial interest.  Please seek advice or refer to the Code of Conduct (paragraph 8) for full definitions.

Personal Interests

You have a personal interest if the issue being discussed in the meeting affects the well-being or finances of you, your family or your close associates more than most other people who live in the Electoral Division affected by the issue.

Personal interests are also things that relate to an interest you must register.

N.B. If the personal interest arises because of your membership of another public body, you only need to declare it if you intend to speak.

A personal interest should be declared as follows:

I have a personal interest in agenda item […] regarding the report on […] because I am […].

Personal and Prejudicial Interests

If you have a personal interest in a matter you will also have a prejudicial interest in that matter if the interest is one which a member of the public, with knowledge of the relevant facts, would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.  If you have a personal and prejudicial interest you must withdraw from the meeting room for that item, unless you are there to make representations and the public have the same opportunity to do so

NB You only have a prejudicial interest if the matter

• affects your financial position or that of your family, close associate, employer etc or it
• relates to a regulatory matter

A personal and prejudicial interest should be declared as follows:

I have a personal and prejudicial interest in agenda item […] regarding the report on […] because I am […].

Advice on this can be sought from staff in Legal and Democratic Services.  Members are requested to seek advice, wherever possible, before the meeting starts.

Mrs P Bell declared a personal interest in relation to agenda item no.16 – Proposed Part?Time Hackney Carriage Stands in Penrith as she was involved in licensing issues at Cumbria Constabulary.

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 should not be excluded during consideration of any item on the agenda.

To confirm as a correct record the Minutes of the meeting of the Local Committee held on 29 November 2010 (copy enclosed).

RESOLVED,    that the minutes of the meeting of the Local Committee held on Monday 29 November 2010 be agreed as a correct record and signed by the Chair.

The Committee was informed of advice received from the Assistant Director – Legal and Democratic Services in respect of matters arising from minutes.  Whilst it was acknowledged that at times issues from them had been discussed, strictly speaking they should be for checking and agreement on accuracy only.  Members had to be mindful of the provisions of the Access to Information legislation which stated that anything that was to be discussed at a meeting should be on the agenda and that the public should be informed about it five days beforehand.  Having a bland ‘matters arising’ on an agenda was not sufficient notice or provided clarity about what matters may be discussed.  Therefore the advice was that there should be no matters arising on an agenda.

Some concern was expressed about how issues contained in the minutes which were not on the agenda for a particular meeting could be raised/followed up by members, eg by having an action sheet on the agenda which could then be monitored by the Committee.  It was reported that an action sheet was produced so that the Chair and the Vice?Chair could ensure that appropriate issues were followed up.  Should any members wish to follow?up a particular matter then they could speak to an appropriate officer or the Chair and also as necessary request that a matter to be placed on the agenda.  A request was made that consideration should be given at the next meeting that an action list be included as a regular agenda item.  A request was also made for the Penrith Parking Study to be placed on the agenda for the next meeting.

There are no public questions, petitions or deputations relating to the business of the Committee at this stage.

(a)       Re: Area Plan Review

The Chair welcomed Mr N Hughes, Eden District Councillor who asked the following question:

‘In the context of the Eden Area Plan’s commitment to improving business potential in the districts what progress has been made on seeking to create new/office workspace in Shap more than an year after negotiations with New Balance and other premises – owners and lessees there first began?’

In response the Chair reported the following reply:

‘We remain strongly committed to supporting existing and new businesses across Eden.  In Shap, Councillor Tom Lowther, together with officers from across the Council Council have had a number of meetings involving local businesses and representatives of the local community, in an effort to secure and extend employment opportunities in the local area.  Whilst precise details remain the subject of a degree of commercial sensitivity, further challenges remain, which is understandable, given that the work has taken place against probably the most difficult economic challenges facing local, national and international economies for decades.  However we are determined to do our upmost to support that area’.

Mr Hughes referred to the importance of close co?operation between the County and District Council on such matters and that as ward member he had not been invited to some recent relevant meetings.  Mr Hughes was assured that there was close co?operation with relevant parties including the District Council as part of a desire to ensure inclusivity but that some meetings by their very nature needed to involve a smaller number of representatives in view of issues such as the need to recognise commercial sensitivity.  Mr Hughes asked that if possible he could receive copies of non?confidential minutes/notes of relevant meetings so that he could keep constituents abreast of developments.

(b)       Alleged Encroachment on the Highway at Hutton Roof

The Chair welcomed Mr Newton and Mr Edwards who reported as follows:

·              ‘We believe the enclosed maps Appendices 1, 2 and 3 in relation to agenda item 18 – ‘Alleged Encroachment on the Highway at Hutton Roof, near Skelton’, do not show the extent of the encroachment which Cumbria Highways stated in a letter to Mungrisedale Parish Council on 27 April 2009, has occurred, and are therefore not suitable documents for the meeting to reach its decision;

·              We believe the report is flawed;

·              We disagree with its recommendations;

·              The Lake District Special Planning Authority recently stated in accordance with their local planning policy that this land should be left open and suggested that the Highways Authority would uphold this principle.  The negative tenor of this report shows that no responsibility has been taken by any department or authority to remedy what we believe is unlawful obstruction of the highway.

We would therefore respectfully ask the Committee to defer the item to a later date to enable us to confer with Mugrisedale Parish Council and also to ascertain the legal status of this proportion of land’.

In response the Chair thanked Mr Newton and Mr Edwards for their  ...  view the full minutes text for item 104.

(1)       Monitoring Report – Communities Budget

A report by the Corporate Director – Resources presented actual expenditure commitments recorded against the Local Committee’s Communities Budget as at 31 October 2010.

The Finance Manager reminded members that the main areas of unallocated resources related to General Provisions, Neighbourhood Forums and Children’s Services but there were proposals to allocate resources in respect of some of those areas in the current agenda.

In response to questions re: youth councils/parliament proposals the Area Support Manager stated that instead of the original suggestion for a youth parliament proposals would now be submitted to the next meeting in respect of further youth forum provision etc across the District.  It was agreed that the report should demonstrate and balance costs against planned expenditure on youth provision as against other demands.

RESOLVED,    to

                           (i)         note the budget allocations for 2010-11 and the commitments and expenditure recorded to date;

                           (ii)        note the unallocated resources in the Communities Revenue Budgets of £86,484;

                           (iii)       note the unallocated resources in the Local Member Capital Budgets of £70,643.

(2)       Monitoring Report – Highways Budget

A report by the Corporate Director – Resources presented actual expenditure and commitments recorded against the Local Committee’s Highways Revenue and Capital Budgets as at 30 November 2010.

The Highways Revenue Budget was projecting a small underspend of approximately £3k for the end of the financial year, the Highways NPRN was currently projected to overspend by £15.487k and the APM was currently projecting to overspend by just over £2k.  It was expected that these budgets were likely to come back into balance by the end of the financial year.

In response to questions about winter maintenance and usage of any surplus Local Committee resources in the event of a hard winter the Area Support Manager stated that there was a need to seek further legal clarification but that the main position was that whilst winter maintenance was not part of the Local Committee’s budget there was a central budget available to assist with the supply of grit bins/heaps to parishes.  There was a possibility that Local Committees might be able to use its own resources for additional support should the central fund be exhausted.  There was also discussion about timing and distribution of grit/salt to parishes.  It was agreed that these issues could be further discussed and explored when the Committee considered its responses to budget proposals.  Finally in response to a member’s query, the Area Engineer explained that works on Wilson Row, Penrith had been delayed owing to some supply problems but it was hoped that work would now be completed shortly. 

RESOLVED,    to

                           (i)         note the budget allocations for 2010-11 and the expenditure recorded to date;

                           (ii)        note that the Highways Revenue Budget currently has a projected underspend balance of £3,001;

                           (iii)       note that the NPRN budget is showing a projected overspend balance of £15,487 against budget;

                           (iv)       note that the APM budget is showing a projected overspent balance of £2,013 against budget.

(3)    Better Highways Monitoring  ...  view the full minutes text for item 105.

[Electoral Divisions: Eden Lakes and Penrith East]

To consider a report by the Chief Executive (copy enclosed).

(This report, which seeks to commit elements of the Local Capital Scheme budget, outlines Members’ proposals which have been sufficiently worked up to enable the Local Committee to consider spending decisions).

The Committee considered a report by the Chief Executive which, sought to commit elements of the Local Capital Scheme budget, including members’ proposals that have been sufficiently worked up, to enable Local Committee to consider spending decisions.

RESOLVED,    that

                           (1)       In respect of Eden Lakes division; members agreed:-

                                       (a)    a capital grant of £1,000 to Askham & District Community Centre for improvements to the Swimming Pool at Askham;

                                       (b)    a capital grant of £500 to Bampton Recreation Group towards the purchase of the recreational field at Bampton;

                           (2)       In respect of Penrith East division; Members agreed:-

                                             a capital grant of £12,000 to Carleton Park Development Group towards the erection of a Kick Wall in Carleton Park.

[Electoral Divisions: All Eden]

To consider a report by the Chief Executive (copy enclosed).

(This report invites the Local Committee to review appointments to Outside Bodies in the Eden area and to update the process of reporting on the role of these bodies).

The Committee considered a schedule by the Chief Executive which set out recommendations for the appointment of County Councillors to outside bodies. 

The Area Support Manager stated that whilst normally reviewed every four years this report was now being brought to the attention of members because of the number of new Councillors elected at the last County Council elections.  Whilst welcoming the provision of a report some members stated that it had been hoped that it would provide further explanation about the roles and responsibilities of councillors serving on outside bodies, their potential liabilities and also possible reporting back mechanisms to the Local Committee.  The representative from Legal Services indicated that a paper would be circulated to all members which provided details of such matters.  It was felt that members should consider the legal advice/guidance prior to any decisions taken on appointments to outside bodies.  It was therefore suggested that members should give further consideration to the guidance and that a further report, with proposals made in relation to appointments and appropriate procedures, be followed and submitted to a future meeting.

RESOLVED,    to defer further consideration of appointments to outside bodies to a further meeting following the distribution of legal advice/guidance and a further report being submitted to the Committee.

[Electoral Divisions: All Eden]

To consider a report by the Chief Executive (copy enclosed).

(This report asks the Committee to part-fund the Eden Local Strategic Partnership Winter Warmer campaign).

The Committee considered a report by the Chief Executive which recommended that Eden Local Committee support the Eden Local Strategic Partnership’s Winter Warmer campaign by part funding the campaign.

RESOLVED,    that members approve a grant of £500 to Eden Local Strategic Partnership to support the campaign, funded from the 2010/11 General Provision budget.

To receive a presentation by the Area Support Manager.

The Committee received a presentation from the Area Support Manager which provided a brief progress report in relation to these two plans, the outcomes achieved in 2010/11 and future outcomes intended in 2012/13.  It also referred to changing conditions which would need to be borne in mind such as budgetary pressures and proposals made in relation to the ‘Big Society’ concept which might require a review of some priorities in respect to future developments.

Members were pleased with work carried out to date and felt that they had demonstrated excellent value for money for the investment made and noted that they had also received a high profile having been brought to the attention of Downing Street as excellent examples of such projects and future ways of undertaking democratic processes.  A request was made that when a further report was submitted to a future meeting consideration be given to issues and implications relating to the Equality Act, and bearing in mind the difficult financial and economic conditions ahead, how such matters could be addressed and the role which the Local Committee might play.

RESOLVED,    to welcome the presentation.

[Electoral Divisions: All Eden]

To consider a report by the Chief Executive (copy enclosed).

(This report reviews the Eden Area Plan).

The Committee considered a report on progress made to deliver the objectives within the Eden Area Plan which could assist the Local Committee in considering future activity and aid spending decisions.

The report highlighted key priorities within the Plan and where financial support might be required.  At the next meeting the Committee would give consideration to the future budget and areas which may need resource assistance.  Calls were made for further consideration to be given to having a more proactive approach to supporting/monitoring child care provision which it was agreed could be included in a future report.  It was agreed that consideration could be given to holding an informal workshop to review the Eden Area Plan. 

RESOLVED,    to note the report and progress made on the delivery of the Eden Area Plan.

[Electoral Divisions: All Eden]

To consider a report by the Corporate Director – Children’s Services (copy enclosed).

(This report requests the Committee to allocate their Enhanced Support funding for 2010/11).

The Committee considered a report by the Corporate Director – Children’s Services which provided information for members about the use of Eden Local Committee funding for Enhanced Support 2009-10.

Funding was requested for 2010-2011 to ensure appropriate provision for children with special educational needs, disability and additional support needs in childcare and non-maintained early education settings in the Eden area.  Members reiterated their support for this provision and it was proposed that the allocation for 2010-11 be raised from the £11.640k suggested in the report to £12k.

RESOLVED,   

                           (i)         that the information contained in the report be noted;

                           (ii)        to agree an allocation of £12k for enhanced support in 2010-11 from the Local Committee’s Early Years budget, which will be used in conjunction with a larger amount available from Early Years and Sure Start Grant.

[Electoral Divisions:  All Eden ]

To consider a report by the Corporate Director – Children’s Services (copy enclosed).

(This report informs the Committee of funding applications received from Early Years groups in Eden).

The Committee considered a report by the Corporate Director – Children’s Services which informed members of funding applications received in respect of the Early Years budget from Penrith Pre-school Nursery, Ullswater Nursery, Yanwath Nursery and a re-application from Cumbria Development Education Centre.

An amendment was proposed to support the recommendations to provide funding for Penrith Pre-School Nursery, Ullswater Nursery and Yanwath Nursery alone. There was then discussion about the merits of the proposal to support a Cumbria Development Education Centre Project in Eden.  Officers reiterated reasons given for suggesting that support be given and sought to reassure members that any resources allocated would be spent in the District.  The Committee voted on a series of proposed amendments but with a final vote being tied, on the Chair’s casting vote.

RESOLVED,    to

(i)                 award the following funds from the Eden Local Committee Early Years budget as follows:-

·        £1,800 to Penrith Pre-School Nursery

·        £1,316 to Ullswater Nursery

·        £3,250 to Yanwath Nursery

                           (ii)        defer consideration of the proposal to allocate £5k to Cumbria Development Education Centre Project in Eden pending the receipt of a further paper providing further explanation and information at the next meeting.

[Electoral Divisions: All Eden]

To consider a report by the Corporate Director – Children’s Services (copy enclosed).

(This report informs the Committee of a funding application from the Early Years and Childcare Team, Eden). 

The Committee considered a report by the Corporate Director – Children’s Services which informed members of a funding application for Eden Local Committee Early Years fund from the Early Years and Childcare Team, Eden.

Funding was requested to promote the health and well-being of children who attend early years settings within Eden.  The proposal chiefly related to increasing knowledge of and promoting positive attitudes towards healthy eating.  Councillor Thornton declared a personal interest in relation to this item.

RESOLVED,    that members award the Early Years & Childcare Team - Eden a grant of £2,390 in support of a nutrition module for early years settings, from the Local Committee’s Early Years budget.

[Electoral Divisions: All Eden]

To consider a schedule by the Corporate Director – Children’s Services (copy enclosed).

(This schedule lists vacancies for Local Authority Governors on the Governing Bodies of schools in Eden).

The Committee considered a Schedule prepared by the Corporate Director – Children’s Services outlining the current position in respect of current vacancies for local authority governors on a number of school governing bodies in the Eden area.  Members expressed concern that no nominations had been received to fill the vacancies outlined.  The Area Support Manager stated that this position was not unique to Eden and appreciated the efforts that councillors had made to try to fill the vacancies.

RESOLVED,    that the Area Support Manager would contact the headteachers of schools concerned to try to resolve the situation and particularly address the issue of longer standing vacancies.

[Electoral Divisions: Penrith East, Penrith West]

To consider a report by the Corporate Director – Environment (copy enclosed).

(This report describes proposals by Eden District Council for the designation of a number of part time (over night) hackney carriage stands in Penrith.  The Committee are requested to consider the application for consent to these proposals).

The Committee considered a report by the Corporate Director – Environment which described proposals by Eden District Council for the designation of a number of part?time (overnight) hackney carriage stands in Penrith.  It was reported that it would be necessary to gain the consent of Cumbria County Council as the relevant highway authority.  The Area Engineer reported that currently there was one such designated hackney carriage stand in Penrith and that the current request was to add a further four to achieve overnight stands between the hours of 8.00 pm and 3.00 am in the Middlegate, Devonshire Street, Market Square and Crown Square areas all of which would use existing laybys and would therefore not involve any traffic flow issues.  It was reported that the District Council had received one objection in respect of the Crown Square proposals from a resident who feared increased noise from waiting passengers and another objection from a shop owner in Middlegate who feared that the proposal could increase risk of damage to their property.  Final decisions would be taken by the District Council.

RESOLVED,    that, as the highway authority, to give consent to proposals made by Eden District Council for the designation of part?time (overnight) hackney carriage stands in Middlegate, Devonshire Street, Market Square and Crown Square, Penrith.

[Electoral Divisions: Greystoke and Hesket]

To consider a report by the Corporate Director – Environment (copy enclosed).

(This report describes allegations of encroachment onto the public highway in Hutton Roof).

A report by the Corporate Director – Environment outlined allegations of encroachment on to the public highway in Hutton Roof.  Members had earlier considered a submission under public participation scheme and a formal reply had been given.  The Committee had agreed to defer consideration of this matter to a further meeting pending further investigation and consultation with the Parish Council.

RESOLVED,    to note the deferral of consideration of the item.

[Electoral Divisions: Penrith East, Penrith West]]

To consider a report by the Corporate Director – Environment (copy enclosed).

(This report describes current proposals to install a prohibition of waiting on Bridge Lane, Penrith and asks the Committee to consider the introduction of the relevant Traffic Regulation Order).

The Committee considered a report by the Corporate Director – Environment which described proposals to install a prohibition of waiting on Bridge Lane, Penrith.  The proposals were currently being advertised.  Members were requested to provide authority to the Head of Legal Practice to bring into force the Order, as advertised, subject to no objections being received.  In the event of any objections being received a further report would be submitted to the Committee.  The Area Engineer highlighted the problems encountered in relation to parking along Bridge Lane including restricted visibility issues.  He reported that since writing the report one objection had been received but there had also been some support for the proposals from the Fire Service in that existing parking arrangements reduced visibility for their vehicles.  It was reported that the deadline for receiving objections would be 21 January 2011.  Whilst noting the problems caused by parking on Bridge Lane one comment made was that proposals to alleviate the issues arising could have an effect of transferring problems to other areas of the town.  Mention was also made of the need for the outcomes of the Parking Study to be considered by the Committee.  The Chair reported that it was expected that the Parking Study report would be submitted to the next meeting.

RESOLVED,    that bearing in mind that objections had already been received and that the deadline for receipt of further objections was 21 January 2011 consideration of the report be deferred to the next meeting.

[Electoral Divisions: All Eden]

To consider a report by the Chief Executive (copy enclosed).

(This report provides a brief update on Newton Rigg, one of the priority projects contained within the Eden and South Lakeland Forward Delivery Plan).

The Committee considered a report by the Corporate Director – Environment  which provided a brief up-date on Newton Rigg, one of the priority projects contained within the Eden & South Lakeland Forward Delivery Plan.

Newton Rigg occupied an important place in Cumbrian history.  It was valued by the Cumbrian community and was recognised as vital to the District of Eden, educationally and emotionally.  The intention was to ensure that Newton Rigg could become a centre of excellence providing high quality and relevant education and training to meet the developing needs of the rural economy and local communities.

Members were further updated on the bidding process for the running and management of Newton Rigg.  The Skills Funding Agency was still in the process of considering two short?listed bids.  Once agreed it was expected that the County and District Councils would work closely with the successful bidder to ensure a smooth transfer in 2011 and promote the educational and economic development of the college.

RESOLVED,    that

                           (i)         the Local Committee notes this progress report and endorses Newton Rigg as a priority economic development project for Eden;

                           (ii)        the Committee be provided with further updates in due course.

[Electoral Divisions: All Eden]

To consider a report by the Corporate Director – Environment (copy enclosed).

(This is a progress report on the Committee’s 2010/11 Highways Capital Programme).

The Committee considered a report by the Corporate Director – Environment which provided a progress update on the 2010/11 programme of work showing each scheme, grouped by electoral division, start and end dates where known, month or quarter where dates have not been finalised, the type of work and comments on the schemes as appropriate.  The Area Engineer reported that of the current 175 schemes within the list 141 had now been completed.  Some of the 34 remaining schemes might be more difficult to complete.

RESOLVED,    to note the programme and progress information included.

The Area Support Manager will report verbally.

The Area Support Manager briefly reported on four issues as follows:-

·              In relation to the Eden LSP Eden District Council was proposing to withdraw their funding for officer support to the Partnership.  The Local Committee’s stance on this work remains that it is willing to assist the Partnership with funding only where an evidenced based case was made in relation to a specific project;

·              A six monthly review had been circulated to members on the Crime and Disorder Partnership which despite funding pressures retained the same level of commitment from its partners;

·              It was reported that a successful event had been held on 13 December in relation to the Vitality Penrith Group;

·              It was reported that in relation to budget preparations for 2011/12 a senior officer would be attending a public meeting at the Evergreen Centre at 7.00 pm on Wednesday 12 January and that all members were welcome to attend.  It was reported that the Corporate Director – Environment, the Chair of the Committee and other Councillors would be attending.