To receive any apologies for absence.

Apologies for absence were received from Mr Fairbairn, Mrs Mallinson and Mr Pearson.

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.

There were no disclosures of interest.

To receive the minutes of the Cabinet meeting held on 15 March 2012 (copy enclosed)

RESOLVED,that the minutes of the meeting held on 15 March 2012 be agreed as a correct record and signed by the Chairman.

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

RESOLVED,that the press and public be excluded during consideration of:

                  Item 13 – Camerton Footbridge by virtue of Paragraph 3 or Part 1 of Schedule 12A of the Local Government 1972, as this report contains exempt information relating to the financial affairs of any particular person.

                  Item 14 – Social Care Community Support Services Framework , Process and Outcomes by virtue of Paragraph 3 or Part 1 of Schedule 12A of the Local Government 1972, as this report contains exempt information relating to the financial affairs of any particular person.

                  Item 16 – Proposed West Cumbria Household Waste Recycling Centre – Purchase of Land by virtue of Paragraph 3 or Part 1 of Schedule 12A of the Local Government 1972, as this report contains exempt information relating to the financial affairs of any particular person.

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

The Leader advised that Agenda item 12 – Planning Performance Agreements for Nationally Significant Infrastructure Projectshad been  circulated out-with the usual time requirements, and in order to avoid any unnecessary delay in its approval was being considered as an urgent item.   Agenda Item 13 – Camerton Bridge was a key decision not listed in the forward plan and the Chair of the Economy and Environment Scrutiny Advisory Board had been given the requisite notice and advised of the intention for Cabinet to consider the matter.  The Leader advised that agenda item 15 ICT Provision was to be deferred to the next meeting of Cabinet.

The Cabinet Member for Economy and Highways referred to the recent successful transition of the highways function back to the County Council from Amey.  Specialist services were to be provided through framework contracts.  He paid tribute to officers for managing the process and to the staff who had transferred back having been through a period of uncertainty whilst continuing to provide high quality services.

1. Abigail Hardwick has requested to come and speak under the Transforming Learning item about the closure of Captain Shaw’s School

2. Iris Stobbart and Bill Finlay re: Park Lodge - would like to address cabinet on 12th April in support of the future Park Lodge

(1)            Petition – Derby Arms Underpass, Witherslack

Mr Eric Atkinson presented a petition signed by 228 people who lived or worked in Witherslack regarding the Derby Arms Underpass, Witherslack.  The petition was concerned with three issues:

(a)    How could the road safety of the Community be assured given the dangers of the A590 junction?

(b)    What should the future status of the underpass be?

(c)    If it were agreed that the underpass should be expressly made into a vehicular highway to avoid the dangers of the junction overhead could the road safety of all those who would then use the underpass be adequately secured?

Mr Atkinson explained to Cabinet the primary dangers of the junction on the A590 and outlined a simple and affordable solution as he saw it which was in principle agreeable to the Highways Agency subject to satisfactory safety measures. 

The Cabinet Member for Economy and Highways thanked Mr Atkinson for his submission and advised that Cabinet had no powers to overturn the decision of the Development Control and Regulation Committee (DC&R) and that the Council must comply with it.  He was however aware that work was ongoing to develop a suitable solution to the issue and that once proposals were sufficiently mature would be put before DC&R.

Mr Bland as local member briefly addressed Cabinet and confirmed that discussions regarding the bringing of proposals to DC&R were ongoing which would focus on an alternative route/priority system.

(2)            Transforming Learning – Statutory Proposal to Discontinue Captain Shaw’s School, Bootle

Abby Hardwick and and Trudy Harrison both parent governors of Captain Shaw’s School, Bootle addressed Cabinet in relation to the statutory proposals.  The detail of their submission is contained at minute 230 in the consideration of that agenda item.

(3)    Question – Future of Richmond Park

Mr Ken Congdon asked the following question:

        ‘Independent homes in the immediate area of Richmond Park, have all in recent times been subject to scrutiny and in such times been prevented from taking admissions. 

        With the continuing crises within the NHS, and no business guarantees that the private sector homes will continue indefinitely (Southern Cross came out of the blue)  Have you now an interim report proving the success of your flagship enterprise in Barrow in Furness, and  do you feel that if the proposals regarding Richmond Park are confirmed you will have made the right decisions  in relation to current and future service users plus your loyal and experienced staff?’

The response of Cabinet is contained at minute 231 in the consideration of that agenda item as is the response toIris Stobbart and Bill Finlay who had given notice to speak about the proposals concerning Park Lodge in Aspatria . 

To consider a report from the Cabinet Members – Children’s Services and the Corporate Director – Children’s Services (copy enclosed)

The Leader set out in detail the procedure to be followed in relation to the school organisation proposals below having regard to the Protocol adopted by Cabinet on 4 September 2007 and noting this proposal was at stage 3 of the process and that a final decision was to be taken.

The Corporate Director - Children’s Services introduced a report which covered in detail the statutory proposal to discontinue (close) Captain Shaw’s CE Primary School in Bootle and the underlying reasons for the proposal.  Cabinet were advised that educational achievement of the pupils was consistently below the national average and had been for the last four years and this was a particular concern.  The guidance for decision makers provided by the Department for Education (DfE) suggested that weak schools which needed to be closed were closed quickly and replaced by new ones where necessary.  The school was anticipated (based on information provided by the governing body) to be in a budget deficit position during 2013-14 to around £10,000 which was greater than the 8% considered acceptable. By 2015 the deficit was projected to be approximately £37,000 or 28% of the budget.  A school running a budget deficit in excess of 8%  would place the local authority in breach of the school finance regulations.  Cabinet were advised that the fears of some members of the community that Bootle would lose its rural service centre status (as designated by the Lake District National Park Authority (LDNPA)) as a consequence of the school’s closure were unwarranted in the light of the LDNP’s letter to the Council (27 March) where it confirmed that it remained committed to the sustainability in the long term of Bootle’s current status. 

The report explained the background to the publication of the proposal and the outcome of the subsequent period for representations. The consultation on the proposals had complied with DfE guidance and had generated a large number of responses the overwhelming majority of which supported the retention of the school.  Members were asked  to consider whether or not to approve the proposal based upon all relevant factors as set out in the statutory guidance at Appendix A of the report.

Abby Hardwick and Trudy Harrison both parent governors of Captain Shaws School, Bootle addressed Cabinet and gave a presentation which highlighted the case for retaining the school.  The school was at the heart of the community and recent performance showed improvement which the community believed would be sustained.  Cabinet were apprised of a number of examples of the commitment of the local community to local projects and the school enjoyed this same level of support.  The projected development of local housing (Church Lane and Wellbank) would provide for a further influx of pupils either within catchment or extremely close to its boundary.  The out of catchment housing development planned for was within 800m of the school building.  The school building had been adjudged to be DDA compliant by the council as recently as 2007 and whilst the  ...  view the full minutes text for item 230.

To consider a report by the Cabinet Member – Adult Social Care and the Corporate Director – Adult and Local Services (copy enclosed)

Bill Finlay the member of Allerdale Borough Council for the Aspatria Ward addressed Cabinet making a case for the retention of Park Lodge at Aspatria and the extension of specialist care facilities in the town.  He suggested that evidence had been cherry picked to support the closure proposal and provided a detailed analysis of the consultation exercise which he suggested had been flawed.  He questioned the basis on which the three homes proposed for closure had been selected and queried the relationship between the findings of the commissioned research and the policy recommendations.  Demand for places in Park Lodge and accommodation based elderly care in Aspatria remained high and it therefore made little sense to propose closure.

Iris Stobbart addressed Cabinet in favour of retaining Park Lodge in Aspatria which was her mother-in-law’s home.  Moving her family member at this stage and who had lived all her life in Aspatria would have a devastating impact.  Mrs Stobbart asked Cabinet to consider the residents and their families before reaching a decision on the future of the home. 

The Cabinet Member for Adult Social Care responded to the contributions under public participation and presented a report that shared the outcome of the consultation and proposed options for moving forward.  At Cabinet’s meeting on 13^th October 2011 it had been agreed that public consultation should take place regarding the proposed reprovision of older people’s services in Allerdale and Distington.  Development proposals included the expansion of intensive home care services, the development of an extra care housing scheme in the Workington area to supplement the scheme already planned in Keswick and the upgrade of two County Council homes at Wigton and Maryport to reflect the dementia gold standard.  The proposals included the closure of three Cumbria Care Homes to acknowledge the over capacity of residential provision in Allerdale and to fund the investment in modern services.  The Cumbria Care homes proposed for closure were Woodlands (Distington), Park Lodge (Aspatria) and Richmond Park (Workington). 

Having found the consultation exercise to have been robust and well conducted he welcomed the response which had been received which had suggested a number of innovative proposals for modernising care in Allerdale.  He had personally visited the Care Homes, as had a number of other Cabinet Members, and been impressed by much of what he had seen.  Based on the outcomes of the consultation he proposed six recommendations which had been arrived at after much discussion and consideration and were circulated at the meeting as set out below:

(1)    Invest in high level home care services to include related assistive technology packages to enable increasing numbers of people to be supported in their own homes.

(2)    Invest in upgrades in line with University of Stirling Dementia Gold Standards at Parkside and Inglewood to improve the experience of residents with dementia.

(3)    Cease admissions to Woodlands and, over the next 12 months (depending on the needs of individual residents, close and de-register Woodlands as a residential care  ...  view the full minutes text for item 231.

To consider a report from the Leader and the Chief Executive (copy enclosed)

This report sets seeks Cabinet approval for a refresh of the Council’s Equality Strategy in the light of changed legislation and recent case law.  Equality for All provides a framework that will enable the organisation to embed Equality into decision making, help achieve the council’s priorities and deliver better outcomes for people in Cumbria.

The Leader presented a report seeking Cabinet approval for a refresh of the Council’s Equality Strategy 2012 – 2016 in the light of changed legislation and recent case law.  Equality for All provided a framework that would enable the organisation to embed Equality into decision making, help achieve the council’s priorities and deliver better outcomes for people in Cumbria.

RESOLVED,that the refreshed Equality Strategy 2012-2016 ‘Equality for All’ be agreed.

To consider a report from the Deputy Leader and the Corporate Director – Resources (copy enclosed)

A report by the Deputy Leader was received updating members on the development of the Harraby Campus project focused on the former North Cumbria Technology College Site, Harraby, Carlisle.  Cabinet were presented with three options to consider:-  

Option A.  Proceed with the relocation and expansion of Pennine Way School on the NCTC site including facilitating the retention of the Community Sports facilities and theatre.  The estimated cost of this option amounted to £9.8M inclusive.   In this option the Harraby Community Centre would remain in its current location.  With no funding gap this option presented the only immediate affordable way forward at present.

Option B.  Integrate the community centre elements into the project alongside the expanded school but with further cost savings to be secured in order that proposals match current available funding.

Option C.  Integrate the Community Centre requirements into the project in line with the current feasibility study to deliver a combined school and Community Centre.  The estimated cost of this option amounted to £12.5M.  This proposal delivered the greatest impact in terms of community regeneration, synergy between occupiers and activity and sustainability, however carries a funding gap of some £1.6M.   The County Council would need to approach the City Council with a view to them providing the extra funding to meet this gap.

The Deputy Leader favoured option C as it provided the biggest step change in provision and confirmed that this would be subject to reaching agreement with Carlisle City Council on funding.  Members noted that due to recent changes in legislation approval of the Secretary of State would be required for the disposal of school land whereas in earlier times such approval was only required when school playing fields were involved.

RESOLVED,that

                  (1)    approval be given for the demolition of redundant former NCTC buildings with authority being given to the Corporate Director - Resources to seek and accept tenders from appropriate demolition contractors;

                  (2)    option C be agreed for the delivery of the project;

                  (3)    authority be delegated to the Corporate Director – Resources to approve the Outline Business Case for the approved option in consultation with the Corporate Director – Children’s Services and Cabinet Member for Resources and Cabinet Member for Children’s Services;

                  (4)    the final Business Case, based on the agreed option, is brought to Cabinet in September 2012.

To consider a report by the Cabinet Member – Adult Social Care and the Corporate Director – Adult and Local Services (copy enclosed)

The Members considered a report by the Cabinet Member – Adult Social Care on Emergency Duty Provision setting out a proposal for the future delivery of an Adult Emergency Social Work Duty Team that moved away from the current “generic” service across both Adult and Children’s Services.

RESOLVED,that

                      (1)      the start of consultation with County Council staffengaged in Out of Hours social work and the staff employed as County Approved Mental Health Professionals with a view to their transfer to Cumbria Partnership NHS Foundation Trust using the “Transfer of Undertakings (Protection of Employment) Regulations 2006” be approved. This would create an integrated service, delivered by Cumbria Partnership NHS Foundation Trust, across health and social care to support adults in need of an assessment under relevant mental health legislation and providing access to out of hours assessments and support for all vulnerable adults;

                  (2)      the decision about whether to proceed with the transfer of staff and revised service model, following the consultation process, be delegated to  the Corporate Director - Adult and Local Services in consultation with the Corporate Director - Organisational Development and the Cabinet Members for Adult Social Care and for Organisational Development.

To consider a report from the Cabinet Member – Transport and Environment and the Corporate Director – Resources (copy to follow)

The Cabinet Member for Transport and Environment  presented a report on planning performance agreements for nationally significant infrastructure projects.

Developers wishing to build a Nationally Significant Infrastructure Project (NSIP) must apply for planning permission through the Major Infrastructure Planning Unit (MIPU), would replace the Infrastructure Planning Commission in April 2012. Although the MIPU handled the planning submission, it would require substantial involvement from the Local Authorities. Planning Performance Agreements (PPAs) were proposed in the Planning White Paper “Planning for a Sustainable Future” as a means of speeding up the delivery of large scale applications. In April 2012, Cumbria County Council would likely enter into a Planning Performance Agreement with National Grid in order that the Council can participate and engage in a positive way in the North West Coast Connections Project. With further NSIPs proposed within Cumbria, off the coast of Cumbria or in neighbouring County Authorities, it was anticipated that Cumbria County Council may well be in a position to enter into further PPA’s in coming years.

Cabinet were recommended to delegate authority for entering into PPA’s for NSIPs to the Corporate Director - Resources in consultation with the Cabinet Member for Transport and Environment.  The report set out a proposal that Cumbria County Council entered into a Planning Performance Agreement with NuGeneration Limited on the New Nuclear Build Project and with Centrica Ltd on the Roosecote (Barrow) Biomass Power Station Project.  It also set out the proposed governance arrangements to support the delivery of the PPA’s.

RESOLVED,that

(1)            Planning Performance Agreements with NuGeneration Limited on the Moorside New Nuclear Build Project and with Centrica Ltd on the Roosecote (Barrow) Biomass Power Station Project be agreed in principal and the authority to negotiate the detailed terms of the agreements and to conclude the same be delegated to the Corporate Director – Resources in consultation with the Cabinet Member for Transport and Environment;

                  (2)    the proposed governance arrangements for future Planning Performance Agreements be agreed at Cabinet;

                  (3)    the authority for entering into PPA’s for Nationally Significant Infrastructure Projects and for setting up appropriate governance arrangement be delegated to the Corporate Director - Resources in consultation with the Cabinet Member for Transport and Environment.

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