Agenda and minutes

County Council
Thursday, 15th February, 2018 10.00 am

Venue: Council Chamber - County Offices, Kendal, LA9 4RQ. View directions

Contact: Nicola Harrison  Email:

No. Item


Roll Call of Members


Mr T Allison, Mr B Berry, Mr M Brereton, Mr P Dew, Mr D Fairbairn, Mr W Graham, Mr K Hitchen, Mr T Lywood, Mrs S Sanderson, Mr S Stoddart and Mr D Wilson gave apologies to the meeting.


At the start of the meeting there were 74 members present.


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 as if  ...  view the full agenda text for item 80.


No declarations of interest were made.


Minutes pdf icon PDF 130 KB

To confirm as a correct record the minutes of the meeting of the Council held on 11 January 2018 (copy enclosed).


Mr Airey referred to the Minutes, highlighting that Mrs Willis had made comments regarding the Fire and Rescue Service in the County which had not been minuted. He moved that the minutes be changed to include the comments. The Monitoring Officer advised that members had previously been asked to ensure that any amendments proposed to the Minutes be submitted in writing, she further advised that, as there was not consensus amongst members, a vote must be cast. Following a show of hands, the motion was lost and it was


RESOLVED that, the Minutes of the meeting held on 11 January 2018 be agreed.



Exclusion of Press and Public

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


There were no items on the Agenda from which the Press and Public were excluded.


Public Participation

To receive petitions or questions from the public under the Public Participation Scheme for the Council.  This item is time limited to 30 minutes.


There were no items of public participation considered at the meeting.


Announcements and Communications

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


Mr Bell, Chairman of the Council made the following announcements:


The Chair advised that from 16-20 April, the UK would hold the Commonwealth Summit, known as the Commonwealth Heads of Government meeting. This was held every two years and was themed ‘Towards a Common Future’.


In order to celebrate the Commonwealth, the Cabinet Office had initiated a national campaign called ‘Commonwealth Big Lunch’ with an aim to engage 2.4 billion citizens across the Commonwealth and bring them together to celebrate their community and build connections by encouraging people to host their own Commonwealth Big Lunch between Commonwealth Day on 12 March and the end of the summit on 22 April.


All schools, parish Councils and churches would be contacted  to promote and encourage Cumbrian people to host a Commonwealth Big Lunch with it being advertised on the County Council webpage and on social media.


The Commonwealth flag would be flown on the three buildings belonging to the County Council on Commonwealth Day. The Chair and HM Lord Leiutenant of Cumbria, Mrs Clare Hensman would be hoisting the flag at Cumbria House and all were invited to attend a ceremony in the Conference room, with further details to follow.


The Cabinet Member for Highways and Transport provided a winter maintenance update. In addition to planned work, the team was working around the clock salting the roads. £1,434m of additional funds had been received for pot hole maintenance and the team was working with District Councils to identify areas of greatest need. The A592 and A684 had been identified as an area of need due to safety issues therefore bids had been submitted for funding.


The Cabinet Member for Children’s Services reported on the recent positive OFSTED rating of ‘Requires Improvement’ which had been awarded for Senior Leadership, members and Adoption Services. The Statutory Notice had been removed. She was pleased to report that the Corporate Parenting Board and Scrutiny Advisory Board – Children and Young People had a strong focus on vulnerable children. She thanked the Corporate Director – Children’s Services and staff for their hard work in achieving the improved rating. She commented on the clear understanding of how to attain a ‘Good’ rating. She advised that 16 February was National Care Day and encouraged all members to write a message of support on the Board outside of the Council Chamber. Members were advised that Cumbria’s District Councils had given their agreement to exempt care leavers from paying Council Tax.


Minutes of The Cabinet pdf icon PDF 128 KB

To receive the minutes of the meeting of the Cabinet held on 1 February 2018 (copy enclosed).


The Leader 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.


The Leader presented the Minutes of the Cabinet meeting held on 1 February 2018.


Members asked the following questions:


Minute 74 - Response to Consultation on Nuclear Decommissioning Agenda Draft Business Plan 2018-2021


Mr Hughes asked the Leader  if a briefing could be arranged on the Government’s proposals for the construction of a nuclear repository in Cumbria.


The Leader advised on the national Consultations launched by the Government relating to Geological Disposal Facilities stating that a response was currently being considered, to be approved in due course. At the end of March 2018, a seminar would be held providing information on the Consultation and members would be invited to the session when confirmed.



Council Plan 2018 - 2022 pdf icon PDF 111 KB

To consider a report of the Leader of the Council.  

Additional documents:


The Leader presented the draft Council Plan 2018-2022 for adoption by the Council, as recommended by Cabinet. Development of the draft Council Plan had been informed by the consultation carried out in respect of the Council’s proposed vision, outcomes and approach between 23 November 2017 and 8 January 2018.


The Leader highlighted the new ways of working which the Council would focus upon over the next four years; working together, prevention and early intervention, digital transformation and enterprise and efficiency. He referred to the high demand for council services and how new ways of working such as early intervention could help reduce demand and gave examples of how demand had already been reduced by prevention. It was acknowledged that the Plan was ambitious and it set the direction for the Administration for the ensuing four years. In seconding that the Council adopted the Plan, the Deputy Leader reserved his right to reply.


The Leader of the Opposition, stated that he did not disagree with the Plan but as it did not include the Conservative Group’s priorities, he would not support it, nor would he vote against it. He welcomed that prevention was included in the Plan and highlighted that the Plan continued beyond the term of the current Administration. He queried the deliverability of the Plan and how the Council would know if it was succeeding as the public would vote on the Council’s outcomes.


Members commented on the readability of the Plan and the excellent work that had been undertaken to produce it as it was clear to understand, containing pertinent facts and figures. One member would have liked to comment on a draft of the document. The Leader acknowledged a number of minor errors in the drafting process which would be addressed, with Council’s permission should the draft Plan be adopted.


In addressing Mr Airey’s earlier points, the Leader advised that he understood why the Conservatives would not support the Plan, as the Labour Party had been in opposition in previous years and in the same position. He addressed the point raised by Mr Airey on outcomes and deliverability of the Plan; he reassured members that a Council Plan Delivery Plan was being developed, to be delivered by Cabinet who would be held to account by full Council.


RESOLVED that Council Plan 2018-2022 be adopted.


Revenue Budget 2018/19 and Medium Term Financial Plan 2018/2019 - 2021/2022 and Draft Capital Programme 2018 - 2023 pdf icon PDF 334 KB

To receive a report of the Deputy Leader and Cabinet Member for Finance (To Follow)

Additional documents:


The Deputy Leader presented the Revenue Budget 2018/19 and Medium Term Financial Plan 2018/2019 - 2021/2022 and Draft Capital Programme 2018 – 2023 which advised that on 1 February 2018, Cabinet had agreed the budget proposal for recommendation to Council after consideration of the budget consultation process and that Council was asked to agree the recommendations as set out in Section 1 of the Report.


A copy of the Constitution Part 5F - Procedure for Budget Debate at Council was circulated to all members of the Council. It was clarified that proposed amendments to the budget are called “objections” in law and the Constitution referred to the same. Members were advised that two amendments could be discussed together and the three main Group Leaders had fifteen minutes to speak, other members five minutes.


The Deputy Leader highlighted that the table at 1.2 in the Recommendations  of the report would be amended at Band C from £1,184.12 to £1,1184.11 which had been a rounding error.


In moving the recommendations, the Deputy Leader thanked everyone involved in producing the balanced budget. He commented on the financial position of upper tier principal authorities in England who had areas of service delivery that made an important difference to the lives of residents. He referred to the knowledge and experience he had gained whilst on  the Executive and Management Committee of the County Council Network. He advised that there was no money in the Government Budget to help Local Government to meet pressures such as Adult Social Care and Children’s Services. He highlighted quotes from Kent County Council’s Conservative Leader regarding reduced funding for local authorities and considered the Government had not been listening  when it produced its Budget in November 2017 and when the provisional  local government settlement was announced. He acknowledged the additional funding had been made available but not the full amount of £2.54m; 6% of what had been asked for. He drew members attention to Northamptonshire Council which had run out of money, reassuring members that the County Council’s Administration would take steps to ensure it would not happen in Cumbria. He considered that the Conservative Government was not listening to Conservative led local authorities.


The Deputy Leader drew members attention to the savings made to date since 2011 which had resulted in some services taking longer to deliver and others being withdrawn, and identified further savings. He then explained where the council would be spending on services and investment in terms of the Capital Budget. He highlighted the ambitious proposed Capital Programme from 2018/19 to 2021/22 noting the amount to be invested in the county’s infrastructure. He advised on the investment in significant projects in Children and Family Services and Health Care and Community Services explaining that the Administration was investing in the future and for those communities most disadvantaged. To give context, he then turned back to the Revenue Budget, comparing the budget of the council with the turnover of well known companies and reported the spending on services,  ...  view the full minutes text for item 87.


Scrutiny Update Report pdf icon PDF 94 KB

To receive a report from the Chair of Scrutiny Management Board.

Additional documents:


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


Mr Wearing referred to the Work Programme, Performance Working Group and additional Scrutiny activity, in particular thanking Mr M Hawkins and the Scrutiny Team for the excellent work that had been undertaken  on the Equalities Task and Finish Group.




1             The recent activity undertaken by Scrutiny be noted

2             The Work Programme as set out in Appendix 1 of the report be 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.


After referring to a recent Scrutiny Report about the Local Enterprise Partnership (LEP), Dr Haraldsen asked the Leader if the LEP was public sector led and how the Leader would vote if the number of public sector representatives was reduced. The Leader stated that the LEP would respond to the Scrutiny report at its next meeting. He explained that the LEP Board was private sector led and outlined its membership to members. He commented that the Board dealt with a wide range of issues, some of which were led by County Council officers which may have led to the opinion that it was public sector led.


Mr Bingham thanked the Cabinet Member for Economic Development and property for the inventory of artefacts held at Council premises. He asked what the Council’s strategic plan was for the vacated buildings at Portland Square and the Courts, Carlisle, what costs had been incurred and whether he considered the buildings to be neglected. The Leader responded; he did not consider the buildings to be neglected as they were maintained regularly. The buildings in question were listed which meant there were constraints but discussions were taking place regarding their future use.


Mr  Markley asked the Cabinet Member for Highways and Transport to clarify if a road displayed a ‘temporary road surface’ sign, a road user could not make an insurance claim. A written response would be provided. Cllr Markley also questioned the opening date of Rumbling Bridge to which the Cabinet Member for Highways and Transport was advised that work had commenced on site and would take five weeks to complete.


Mrs Tarbitt asked the Cabinet Member for Customers, Transformation and Fire and Rescue what the future support was for Armed Forces Member Champions. A written response would be provided by the Cabinet Member for Customers, Transformationand Fire and Rescue


Mr Turner asked the Cabinet Member for Highways and Transport whether areas of coastal erosion which were currently being dealt with piecemeal could be dealt with as a whole. The Cabinet Member for Highways and Transport invited Cllr Turner to a site visit  due to be held and would be advised of the date.


Mr Cassidy asked the Leader whether the Council recognised the importance of the improvements made in the Children and Family Services Directorate and congratulated the officers in the directorate. The Leader wished it to be recorded that full Council thanked the Corporate Director – Children and Family Services and officers across other directorates for the work undertaken in improving the service. The Leader personally thanked the Cabinet Member for Children’s Services for her excellent work, leading on improvement from a member perspective.


Mr Whiteside asked the Cabinet Member for Highways and Transportfor continual updates about consultations on the strategic road network, in particular those schemes identified at pinch points. The Cabinet Member for Highways and Transport advised on the formulation of a single response to a current major road network consultation and that Local Committees would be regularly updated.  ...  view the full minutes text for item 89.


Minutes of Committees


Cumbria Pensions Committee pdf icon PDF 130 KB

To receive the minutes of a meeting of the Cumbria Pensions Committee held on 5 December 201 (to follow).


The Chair of the Cumbria Pensions Committee presented the Minutes of the meeting held on 5 December 2017 and gave a detailed briefing of the Committee’s business.


RESOLVED that, the Minutes of the Cumbria Pensions Board meeting held on 5 December 2017 be received.


Audit and Assurance Committee pdf icon PDF 136 KB

To receive the minutes of a meeting of the Audit and Assurance Committee held on  5 January 2018.


The Chair of the Audit and Assurance Committee presented the Minutes of the Audit and Assurance Committee meeting held on 5 January 2018, highlighting work undertaken around cyber risk and the Annual Governance Statement.


RESOLVED that, the Minutes of the Audit and Assurance Committee meeting held on 5 January 2018 be received.



Standards Committee pdf icon PDF 50 KB

To receive the minutes of meetings of the Standards Committee held on 5 September 2017 and 26 January 2018.

Additional documents:


Mr Cassidy presented the Minutes of the Standards Committee meeting held on 5 September 2017 and 26 January 2018, highlighting that Mr S Sim should have been recorded as Chair at the meeting.


RESOLVED that the Minutes of the Standards Committee meeting held on 5 September 2017 and 26 January 2018 be received.


Notices of Motion


There were no Notices of Motion for this meeting.



To hear speeches (not exceeding five minutes each) for up to a specified period of 30 minutes, from individual members, of which at least 24 hours’ notice has been given to the Corporate Director – Resources and Transformation.


Mrs E Williamson gave a speech about the International Children of Alcoholics week, highlighting that a parliamentary report revealed that in excess of a third of child deaths and injuries were as a consequence of neglect from alcoholic parents.


She briefed members on her own experiences adding that she believed the council  should be at the forefront of developing a collective plan which raised awareness of support already available and ensured that children in Cumbria of alcoholic parents were not forgotten and given the correct help and support.