Agenda and minutes

To receive any apologies for absence.

There were no apologies for absence on this occasion. 

The Chair welcomed David Sheard (the Committee’s new Area Support Manager) and Joanna Williams, Legal Services.  The Chair also reported that this would be Nigel Faulkner’s last meeting as the Committee’s secretary as he was retiring from the Council at the end of the month.  On behalf of the Committee the Chair thanked him for his support over the past few months and wished him well for the future.   

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 M Robinson declared a personal interest in item No 11 ‘Penrith Town Centre’ as she was a member of Eden District Council.

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

Following some clarification given as to why the matter was being recommended to be taken in Part 2

RESOLVED,    that the press and public be excluded from the meeting during consideration of Agenda Item 19 – Alleged Encroachment on the Highway at Hutton Roof, near Skelton under Paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972  as it contained information in respect of which a claim to legal professional priviledge could be maintained in legal proceedings.

To confirm as a correct record the minutes of the meeting of the Local Committee held on 9 May 2011 (copy enclosed).

The minutes from the meeting of the Local Committee held on 19 May 2011 were circulated.

RESOLVED,    that the minutes of the meeting of the Local Committee held on 19 May 2011 be confirmed as a correct record and thereupon signed by the Chair.

No questions, petitions or deputations relating to the business of the Committee have been received at the time of despatch of the agenda.

The Committee received a question from Eden District Council Neil Hughes which asked ‘when will Eden Fells Neighbourhood Forum next hold a public meeting’.

The Chair replied that that the County Council’s website for Eden Fells stated that ‘public meetings are held on an irregular basis’.  Public meetings were therefore not planned to be held for the sake of it but were instead planned to address specific public issues. Such an issue based event had been held for Eden Fells on 17 June at Shap regarding changes to library services.

Any member of the public could approach the County Councillors for Eden Fells Forum area and identify topics that may be relevant topics for a public meeting. Councillors would then discuss this with the Area Support Manager and programme appropriate activity.  It was also worth noting that all neighbourhood forums across the county were moving away from a series of planned public meetings.  This was a result of budget pressures and the reduction in resources available through the area support team.

In response to a further query about how public engagement would now be carried out Mr Hughes was informed that public meetings were often a very inefficient/ineffective way of engaging with the public and that a range of alternative means was needed and was increasingly being used such as drop in sessions.  Local members reported that the County Council had received a national award for consultation on its budget and had been praised for its consultation on library services using drop in sessions.  It was reiterated that public meetings were best held in relation to specific issues of interest or concern and that county councillors also attended parish council meetings and had face to face meetings with constituents.       

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

The Committee considered a report by the Corporate Director – Resources which presented the actual expenditure and commitments recoded against the Local Committee’s Communities Budget as at 31 May 2011.  Members were reminded that full Council had agreed to carry forward balances from 2010-11.  In response to a number of questions on specific budget issues the Finance Manager informed members that zero budgets were currently shown against revenue budget heading such as forum grants, rent subsidies to community groups and social care grants.  This would remain until the committee took decisions later in the agenda (as part of a more flexible approach) on the amount of resources it wished to vire into those budget heading from monies held in the general provisions budget.  

RESOLVED,    that the Committee

                           (1)       note the budget allocations for 2011-12 and the commitments and expenditure recorded to date;

                           (2)       note the unallocated resources in the Communities Revenue budgets of £306,693;

                           (3)       note the unallocated resources in the Local Member Capital budgets of £7,209.

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

The Committee considered a report by the Corporate Director – Resources which presented the actual expenditure and commitments recoded against the Local Committee’s Highways Revenue and Capital Budgets as at 31 May 2011.

RESOLVED,    that the Local Committee

                           (1)       note the budget allocations for 2011-12 and the commitments and expenditure recorded to date;

                           (2)       note the Highways Revenue budget is currently projecting a balanced position at the end of the financial year;

                           (3)       note the Highways Capital budget projected unallocated balance of £106,646 against budget;

                           (4)       note the Winter Damage Budget is currently projecting a balanced position at the end of the financial year.

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

The Committee considered a report by the Corporate Director – Environment which providedmembers with an update on highways maintenance issues using the Better Highways approach.  It contained the new measures as well as a profile of the work done.  It is intended that it will be amended to suit Local Committee requirements as the service evolves and understanding of achievements and possibilities increases.

Members were informed that whilst it had not been possible to provide reliable  First Right Time figures to date all the software and staffing problems which had been encountered should now be resolved so that reliable information should start to feed through from now on.  There was discussion about the volume of complaints/requests for information with approximately 10.500 received since last August and 91% of them having been dealt with.  On average these were dealt with in less than 14 days.  Members indicated that bearing in mind the fact that in some cases jobs had been completed but not recorded the percentage of cases dealt with was probably even higher.  Action was being taken to improve recording actions as was demonstrated by better street lighting completion figures being reported to this meeting compared with that indicated at the previous meeting.  

RESOLVED,    that members noted and commented on the monitoring information for the Better Highways works from 2 August to date for reactive maintenance work, as detailed in the report.

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

The Committee considered a report by the Chief Executive.  The report referred to the budget allocations for 2011/12 and dealt with budget related decisions arising from reduced resources available to support the work of the Local Committee.

The issues considered within the report, build on the ongoing dialogue about the potential for further devolution, which was taking place between the council’s executive and local members.  There had been some informal discussions with local committee members in May and the recommendations made in the report had taken these into account.  There was discussion about a proposal that there be a maximum number of local members schemes  progressed for each division in order to limit the workload on the reduced number of staff undertaking such work.  Whilst appreciating the demands on staff it was felt that, though members needed to bear in mind the limited staffing resources available, in order to maintain a degree of flexibility in meeting identified need  no formal limits should be introduced.

Whilst accepting a need to review neighbourhood forum boundaries which had basically not altered since their inception members received reassurances that no preconceptions had been arrived at in relation to this matter. It was expected that informal discussions would be held with members at the end of September. In response to a suggestion that decisions on the allocation of resources to neighbourhood forums be deferred until the review had been concluded and it be more closely related to strategic thinking  and the Area Plan it was indicated that as the review was unlikely to  be  concluded for some time there was a need to have resources available to use in the meantime.

There was some discussion/concern about the possible implications about proposal that where groups with precept raising powers apply for forum grants such applications only be progressed where the group’s financial status prevents the work taking place.  The Area Support Manager reassured members that the proposals would allow for some flexibility in responding to applicants who may be asking for a 100% contribution where the applicant might have possible alternative fund raising avenues they could pursue. Applications which included a sharing of the financial burden might be more favourably considered. It was felt that the wording of the proposal needed some further consideration and should be deferred for further consideration.

In relation to proposals that grant allocations that (substantially) crossed forum boundaries be considered by the local committee assurances were given that the procedures included appropriate consultation with the local members involved ahead of decisions being taken by the committee. Finally there was discussion about proposals relating to usage of the 0-19 services budget. It was suggested that the budget might be used more strategically than proposed and that consideration be given to the possibility of establishing a transport scheme which enabled young people to access services in the district. A similar scheme had been supported in South Lakeland using a NOW card type system.  It was requested that if this suggestion was to be  ...  view the full minutes text for item 30.

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

The Committee considered a report by the Corporate Director – Environment which advisedmembers, following the advertisement of two Traffic Regulation Orders, to alter the current parking arrangements in both Foster Street and Stricklandgate as well as removing the three hour waiting limit on parts of Ullswater Road.  Resolution 1a and b below related to Foster Street, 2 and 3a to Stricklandgate and 3b to Ullswater Road.  It was reported that whilst no objections or comments had been made in respect of the Ullswater Road proposals during the statutory period following advertisement two members reported that some concerns had subsequently been made including one by the local bowling club.  However members generally agreed that the proposal to remove the three hour parking restriction on Ullswater Road was aimed at giving all users a fair opportunity to park and also relieve displaced parking problems in other nearby unrestricted residential roads.

Members were asked to consider the recommendations and indicate whether the relevant orders should be confirmed or alternatively not confirmed as advertised.

RESOLVED,    that

                           (1)       members agree to the Head of Legal Practice bringing into operation The County of Cumbria (Consolidation and Provision of Traffic Regulations) (Order 2007) Variation (No. 2) Order 20>< only in so far as it relates to: -

                                       (a)       the removal of a length of single yellow line (No waiting 8am- 6pm Monday to Saturday) and replacing it with two new lengths of parking bays for Zone I permit holders and disabled badge holders only; and

                                       (b)       introducing two sections of no waiting at any time restrictions.

                                       both of which are shown in the site notice in Appendix 1 of the report and on the plan in Appendix 2 of the report, having taken into consideration the matters contained in Section Section 122(2) of the Road Traffic Regulation Act 1984 which are more specifically referred to at paragraph 7.2 of the report;

                           (2)       members uphold the objections and do not confirm the proposed changes to Stricklandgate as detailed in Traffic Regulation Order detailed in paragraph 3.1 of the report in relation to the proposal to change two existing bays from limited waiting for 1 hour Monday to Saturday 8am – 6pm, to disc parking places for 1 hour Monday to Saturday 8am – 6pm, as described in the site notice in Appendix 1 of the report and shown on the drawing in Appendix 2 of the report;

                           (3)       members agree to the Head of Legal Practice bring into operation The County of Cumbria (Various Roads, Penrith) (Consolidation and Provision of Traffic Regulations) (Order 2007) Variation (No. 4) Order 20><, having taken into consideration the matters contained in Section 122(2) of the Road Traffic Regulation Act 1984 which are more specifically referred to at paragraph 7.2 of the report.  The Order, once made operative, will: -

                                       (a)       alter and increase slightly parking provision in this area, as described in the site notice in Appendix 3, of the report ie. two sets of  ...  view the full minutes text for item 31.

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

The Committee received a report by the Chief Executive which sought Local Committee support in asking Cabinet to transfer the Centre 67 building located in Chapel Street, Appleby, to Eden Community Outdoors, a charitable organisation to enable them to improve the facility for the benefit of the local community.  The Area Support Manager reiterated the key points contained in the report relating to County Council policy which aimed at supporting local community groups where possible in relation to potential asset transfer matters. Whilst a Cabinet responsibility it would wish to obtain the views of the local committee before taking any decisions.  It was reported that the Eden Community Outdoors believed it was now in a good financial position to be able to take over full responsibility for the building.

The local member in supporting the proposal indicated that all those involved with the premises supported the intended transfer which met many current policies in relation to the promotion of economic and social wellbeing measures and  the aims of the  ‘Big Society’ initiative. Whilst supporting the general thrust of the proposals a request was made that some consideration be given to a 99 year lease of the property at a peppercorn rent rather than a sale transfer in order to protect the potential long term interests of the premises and County Council. It was noted that final decisions were yet to be taken and that further advice would be provided in relation to the most appropriate means of a transfer if agreed. Members were informed that the premises had always been used for community/public purposes and the intention that this would remain so in the future.   

Councillor Strong took no part in the discussion or the agreed resolution.

RESOLVED,    that Cabinet be asked to consider the asset transfer of the   Centre 67 building located in Chapel Street, Appleby to Eden Community Outdoors, using wellbeing powers, subject to contract and conditional upon detailed terms to be agreed by the Corporate Director of Resources in consultation with the Cabinet Member for Resources and the local member.

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

The Committee considered a schedule of recommendations for the appointment of County Council representatives on the governing bodies of county, nursery, primary and secondary schools.

RESOLVED,    that subject to their consent the following be reappointed as a Governor at Tebay School:-

                                       Revd P Dew

                                       The Manse

                                       Tebay

                                       Penrith

                                       CA10 3UY

To consider an update report by The Senior Manager, Physical Regeneration - Environment Directorate (copy enclosed).

The Committee considered a report by the Corporate Director – Environment which provided an update on proposals to improve pedestrian movement in and around Penrith Town Centre with the aim of ensuring that the existing town centre benefited from an increase in footfall generated by the new supermarket developments. 

The chair welcomed Spencer Hannah from consultants ‘the Knack’ who had been appointed to prepare a pedestrian movement strategy and implementation plan.  Mr Hannah reported that ‘the Knack had considerable experience of undertaking such design work and looked forward to developing schemes which were deliverable and unique to Penrith taking into account factors such as its heritage, character and economy. It was hoped that a draft ‘design package would be available in a few weeks time.  There was discussion about how best to engage with the local community and appropriate community groups and schools etc. A suggestion that the consultants hold a public exhibition of the design plans from which the views of the wider community could be ascertained was strongly supported. Members also referred to useful contacts such as Eden Arts in relation to planning art works as well as signage features and usage of information from studies/projects such as Sustainable Transport, Market Town Initiative etc.   

Members very much supported designs/features which reiterated the history and uniqueness of the town and its location within Cumbria.  There was discussion about possibilities for the ‘decluttering’ of unnecessary features and engaging with the likes of the Chamber of Trade and cycling groups and also creating focal points of interest which could be used for a variety of purposes such as street performances/information.

In terms of possibilities for additional financial support it was recognised that there would be a need to develop the project further in the first instance and a further report submitted to the committee for consideration. Some resources might be available from centrally held budgets.  Finally in terms of obtaining further information, updates about developments it was reported that Alison Hatcher had been requested to provide regular reports to the committee and that contact could also be made with the Area Support Manager.

RESOLVED,    to

                           (1)       note the progress being made to deliver some improvements in the town centre that would make it easier for pedestrians to explore Penrith;

(2)               note the key work being undertaken by the Chair of the Local Committee to work with the District Council and the Vitality of Penrith Group;

                           (3)       note that possible funding using currently delegated Budgets may be an option and that the Corporate Director be asked to consider this in consultation with the Chair of the Local Committee.

The meeting briefly adjourned at 12.50pm and resumed without councillors Mr G Strong and Mr P Thornton at 13.05pm.

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

The Committee considered a report by the Chief Executive which addressed  outcomes under the County Council’s ‘Better’ theme.  These outcomes included local people having confidence that their council delivered effective and efficient services, people find council services easy to use and people can have a say about decisions that affect them.

The report also contained community engagement performance information monitoring, specific issues raised, engagement activity and allocation of Forum Grants.  A range of measures and actions to support the Area Plan were under development and performance against these would be analysed in a future report. 

A summary performance report for the Money Advice Service was attached to the report, a service provided by the Citizens’ Advice Bureau but funded by the County Council.  It was reported that the CAB had offered to attend a future meeting of the committee to provide further information on its work in relation to the Money Advice Service.

RESOLVED,       that the report be noted.

To receive a presentation by Gary Maxwell, Safer and Stronger Communities Directorate.

The Committee received a presentation from Gary Maxwell, Highways and Transportation Streetworks Manger.  It was reported that Streetworks monitored 7,500 kilometres of highway with 17,650 utility opening notices per annum to ensure compliance with NRSWA, regulations and codes of practice and ensure coordination within the TMA and reduce disruption in line with section 74 of the Act. Streetworks was also responsible for monitoring and issuing over 4,500 skips placed on the network.  It also dealt with the issuing of permits and checking over 1,00 scaffolds which are erected. It issued and enforced over 900 private permits/licences for accesses, materials in the highway/section 50 licences. Streetworks had successfully carried out over 50,000 individual compliance inspections during 2010 to 2011.  It also oversaw programmes of coring and testing of reinstatements to ensure as necessary appropriate reinstatement by work undertakers (eg utility companies). As a result of such tests this had in 2010-11 saved the County Council an estimated nearly £2.5m.

Members praised the work which Streetworks carried out particularly in respect of coring and testing which had saved the Council significant amounts of money by, as necessary challenging the quality of works undertaken by utility companies.  Their work was often ‘cutting’ edge and they had received national recognition of this and the type of actions which they carried out were now being rolled out across the County and region.  

There was some discussion about issues relating to road closures and notifications to appropriate bodies and local members.  The Committee was informed that there was a duty to inform a range of bodies such as the Police and Fire services, district council, public transport officers etc eight weeks in advance of works being commenced.  In the case of Brunswick Road in Penrith for example those relevant bodies had been informed on 28 April 2011 of the need to close the road (for health and safety reasons) under the requirements of (in the case of major works) the statutory highway authority.  Very deep excavations were required in the case of the connection of services to the new Booths supermarket. In addition to the list of bodies informed of the impending road closure officers had been asked to include bodies such as the Chamber of Trade of such notification.  Though the County Council was the highway authority it had no powers to prevent statutory undertakers from carrying out necessary works though it did act in conjunction with them to try to minimise disruption etc.  There had been no objections received from statutory informees following them being advised of the impending temporary closure of Brunswick Road.

RESOLVED,    to note and welcome the presentation.

To receive a verbal feedback by the Assistant Director, Local Services.

The Assistant Director – Local Services provided members with an update in respect of the current review of library services in the County.  A first phase consultation exercise which had commenced three months earlier was due to end in a few days time. Forty three drop in sessions had already taken place with another five still to be held.  Members were briefly reminded of the reasons for the review which resulted from a significant decline in the usage of such services over a number of years.  Rather than mirror plans in a number of other local authorities which could result in the closure of some libraries Cumbria had not indicated any proposals to take a similar approach. Instead it wished to examine fundamental reasons for the decline in usage (20% over the past five years), why people were not using them and how they might be provided in the future which encouraged better usage.

The consultation demonstrated loyalty to a local library and had raised awareness of the services offered but without action a continuation of the current rate of decline in usage would have significant consequences. Ideas for further action included more sharing of services at locations (eg one stop shops, local links), greater involvement of the community, village book drops, and changing opening times.  The Community Unit had been invaluable in providing contact with non users of library services.   Data/feedback received from the first phase consultation would be analysed and used for a report to Cabinet next month and prior to a further formal consultation on proposals later in the year. References were made to school library services and targeting of particular groups.

RESOLVED,    to note the verbal update.

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

The Committee received a report from the Corporate Director – Environment which provided a progress report on the 2011/12 programme of work showing for each scheme, grouped by electoral division, start and end dates where known, month or quarter where dates have not been finalised, the work type and comments on the scheme as appropriate.  The report included in Appendix 2 a list of schemes identified in priority order in respect of the additional resources allocated by Government for repairing roads damaged during the previous winter. Some of these works were now underway. Officers responded to questions raised in respect of particular schemes/areas including Nenthead which had been identified as a scheme under Appendix 1 (capital programme)  

RESOLVED,    that

                           (1)       members note the programme and progress information included in the report;

                           (2)       members approve the proposed schemes detailed in Appendix 2 for delivery from the additional winter damage grant.

To note County Council Local Committee revised terms of reference as agreed by Council at its meeting on 21 April 2011 (copy enclosed)

The Committee noted details of the revised terms of reference of local committees as agreed by the full Council at its meeting held on 21 April 2011.

To remind members that the next annual meeting between the Local Committee and Parish and Town Councils in the Eden area will take place on Tuesday 5 July at 7pm at Newbiggin Village Hall (near Stainton).

Members were reminded that the next annual meeting between the Local Committee and Parish and Town Councils in the Eden area would take place on Tuesday 5 July at 7pm at Newbiggin Village Hall (near Stainton).  All members were encouraged to make every effort to attend. 

To note that the next meeting of the committee will be held at 11am on 8 September 2011 at Penrith Leisure Centre.

The next meeting of the Local Committee will be held on 8 September 2011 at Penrith Leisure Centre.  Members were asked to note that further meetings would be held on 26 October and 30 November 2011.

Councillor Mrs H Carrick left the meeting at this point.

PART 2 – ITEMS CONSIDERED IN THE ABSENCE OF THE PUBLIC AND PRESS