Agenda and minutes

Cabinet - Thursday, 21st April, 2022 10.00 am

Venue: Cumbria House, Botchergate, Carlisle CA1-1RD

Contact: Jackie Currie  Email: jackie.currie@cumbria.gov.uk

Items
No. Item

223.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr P Thornton and Mrs J Willis.

 

 

224.

DISCLOSURES OF INTEREST

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.

 

Note

 

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 they are civil partners). 

Minutes:

There were no disclosures of interest made on this occasion.

 

 

225.

EXCLUSION OF PRESS AND PUBLIC

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

Minutes:

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

 

226.

MINUTES pdf icon PDF 211 KB

To receive the minutes of the Cabinet meeting held on 17 March 2022 (copy enclosed)

 

 

Minutes:

RESOLVED,  that the minutes of the meeting held on 17 March 2022 be agreed and signed by the Chair.

 

227.

STATEMENTS BY THE LEADER OF THE COUNCIL AND CABINET MEMBERS

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

Minutes:

There were no statements made at this meeting.

 

 

228.

PUBLIC PARTICIPATION

There were no questions, petitions or statements at the time of despatch

 

Minutes:

There were no public questions, petitions or statements made at this meeting.

 

There were no referrals from local committees or scrutiny committees to this meeting.

 

229.

Award of a new Professional Services Framework (4) pdf icon PDF 181 KB

To consider a report from the Executive Director – Economy & Infrastructure (copy enclosed)

 

Additional documents:

Minutes:

Cabinet members considered a report from the Executive Director – Economy and Infrastructure, which asked members to award a framework agreement for the supply of professional services to the Council and other specified users over a period of 4 years.

 

The existing professional services framework (PSF3) provided a range of consultancy support to the Council’s capital programme as well as a facility for other framework users, including District Councils, to award consultancy contracts. Due to the success of the Council in achieving funding for large capital schemes, the existing framework was reaching the limit of its advertised spend and a new professional service framework had been tendered pending award.

The framework structure was as follows:

·         A four-year multi-disciplinary framework.

·         A forecast value of up to £30million.

·         A structure comprising separate lots by discipline for:-

 

Ø  Lot 1 Architecture

Ø  Lot 2 Civils and Structural Engineering

Ø  Lot 3 Building Surveying

Ø  Lot 4 Growth and Infrastructure

The Council and other framework users, including District Councils, required professional consultancy support to deliver capital programmes of work. The award of this framework allowed the Council, and other framework users, to deliver at the scale of previous years which was essential to the delivery of the Council Plan and the resulting benefits.

RESOLVED, that Cabinet agrees to award the Framework Agreement for The Provision of Professional Consultancy Services within Cumbria (Professional Services Framework 4) and appoint the suppliers identified as follows:-

Lot 1a – Architecture

 

AHR Building Consultancy Ltd 

Align Property Partners Limited 

Architects Plus (UK) Limited 

Baker Hicks Limited

Day Cummins Limited

Farrell & Clark LLP

Tetra Tech Limited

 

Lot 1b – Architecture 

 

Align Property Partners Limited

Architects Plus (UK) Limited 

Day Cummins Limited

Tetra Tech Limited

 

Lot 2a – Civils and Structural Engineering 

 

Baker Hicks Limited

Lynas Engineers Limited

Mott MacDonald Limited

Pell Frischmann Consultants Ltd

Tetra Tech Limited

Waterman Infrastructure & Environment Ltd 

Wilde Consultants Ltd

WSP UK Ltd

 

Lot 2b – Civils and Structural Engineering 

 

AECOM Limited

Jacobs U.K. Limited 

Mott MacDonald Limited

WSP UK Ltd

 

Lot 3a – Building Surveying 

 

AHR Building Consultancy Ltd 

Align Property Partners Limited

Carter Jonas LLP

Day Cummins Limited

Tetra Tech Limited

WSP UK Ltd

 

Lot 3b – Building Surveying 

 

Align Property Partners Limited

Day Cummins Limited

Tetra Tech Limited

WSP UK Ltd

 

Lot 4a – Growth and Infrastructure 

 

AECOM Limited

Mott MacDonald Limited

Pell Frischmann Consultants Ltd 

Tetra Tech Limited

WSP UK Ltd

 

Lot 4b – Growth and Infrastructure 

 

AECOM Limited

Jacobs U.K. Limited 

Mott MacDonald Limited 

WSP UK Ltd

 

230.

Copeland Local Plan 2021-2038 Consultation Response pdf icon PDF 192 KB

To consider a report from the Executive Director – Economy & Infrastructure (copy enclosed)

 

Additional documents:

Minutes:

Members had before them a report from the Executive Director – Economy and Infrastructure which sought the approval of Cabinet of Cumbria County Council’s representations to Copeland District Council’s Local Plan 2021-2038 Publication Draft Consultation.

 

Copeland Borough Council had issued the Publication Draft of the Copeland Local Plan 2021-2038 for public consultation between 10 January and 18 March 2022. Copeland Borough Council had agreed a further extension for the County Council to respond to the consultation.

 

The planning system in England was ‘plan led’, whereby there was a statutory duty for all local planning authorities to prepare a Local Plan for their area.

 

When adopted the Copeland Local Plan (2021-2038), which covered the district of Copeland outside the Lake District National Park (which was covered by its own local plan), would:-

·           identify how much development should take place and where it should go

·           provide guidance for high quality development and the infrastructure required to support them

·           allocate sites for housing, regeneration, and employment

·           identify areas which should be protected from development

·           include policies to be used when determining planning applications.

 

Under the ‘Duty to Co-operate’ the Government required that district councils worked with the County Council during the development of their Local Plan. This was to ensure that Cumbria County Council’s interests as a planning authority and infrastructure and service provider were appropriately considered in the development of policy.

 

The consultation on the Publication Draft (Regulation 19) was the final opportunity for representations relating to a Local Plan (Regulation 20) to be made before the Local Plan was submitted to the Secretary of State (Regulation 22), who would appoint an independent inspector whose role was to determine whether the Local Plan was legally compliant and met the tests of ‘soundness’ through an Examination in Public (EiP) (Regulation 24).

 

Cumbria County Council’s representations to the Copeland Local Plan 2021-2038 Publication Draft Consultation built upon Cumbria County Council’s responses to previous consultations, and were aligned with the Cumbria Transport Infrastructure Plan (CTIP) which had been adopted by Cumbria County Council as the new Local Transport Plan for Cumbria. 

 

Copeland Borough Council intended to submit their Local Plan to the Planning Inspectorate in May 2022, with the intention of adopting the Plan in early 2023.  Given that further updates may be required in advance of submission, it suggested that timescales for adoption of the Local Plan were reviewed and that consideration was given to the programme in the context of Local Government Reform, particularly in relation to decision making.

 

On the whole the County Council was supportive of the proposed Local Plan and although some further amendments and updates to the evidence base were suggested, it was considered that, fundamentally, the Local Plan would:-

·           support inclusive growth and decarbonisation;

·           support attractive places and town centres,

·           support economic growth including the clean energy sector;

·           create or enhance nature, wildlife and green spaces;

·           promote the Borough as a thriving visitor attraction whilst safeguarding its heritage and landscape.

 

The Cabinet Member for Environment took  ...  view the full minutes text for item 230.

231.

Consultation on the Potential Closure of St Joseph's Catholic School, Cockermouth pdf icon PDF 170 KB

To consider a report from the Acting Director of Children’s Services (copy enclosed)

 

Additional documents:

Minutes:

Cabinet considered a report from the Executive Director – People (Deputy Chief Executive) which sought a decision on the formal closure of St Joseph’s Catholic Primary School, Cockermouth.

 

A public consultation exercise on closure was undertaken between 20 September and 29 October 2021. The outcome of this consultation was reported to the County Council Cabinet on 27 January 2022, and subsequently approved the publication of formal closure notices.

 

Closure notices were published on 24 February 2022 triggering a 4-week representation period. Cabinet must make a decision on the proposal within 2 months of the end of the representation period.

 

The governing body of St Joseph’s School had approached Cumbria County Council to carry out a public consultation around the proposed closure of the school, as numbers had fallen at the school from over 75 pupils in 2017/18, to 4 children on the January 2022 pupil census.

 

The school was contacted on 22 March and confirmed that there were no children on site, including in the private nursery. A single Year 6 child remained on the school roll, but they were in attendance at an Alternative Provision.

 

There were currently three primary schools in Cockermouth, the other two being Fairfield Primary and All Saints’ CE Primary.  Between them there were 105 Reception class places on offer. Closure of St Joseph’s would remove 15 Reception places.

 

The school governors had tried unsuccessfully to appoint a headteacher over the course of several months.  Only a practising Catholic could be considered for the post.

 

Alternatives to closure, such as a shared headteacher, federation or academisation, had also been explored.

 

Budgets for running costs (staff salaries, heating, lighting, etc.) were devolved to schools largely on the basis of pupil numbers. Many of these costs were fixed regardless of how many children were in the school and a lower number of children would produce a lower budget, meaning less money to support teaching and learning.  The recent low numbers meant that the school budget was expected to fall into deficit and, as funding allocations were based on a national formula, the County Council was unable to provide additional financial support.

 

The school was rated ‘Requires Improvement’ by Ofsted.

 

A public consultation exercise on closure was undertaken between 20 September and 29 October 2021. Taking into account the outcome of this consultation, the Cabinet approved the publication of formal closure notices on 27 January 2022. 

 

Notices were published on 24 February 2022, triggering a representation period which ended on 24 March 2022.

 

No responses were received during the representation period.

 

The Cabinet Member for Schools and Learning said the school was, according to Ofsted, failing to provide the standard of service expected of it, meaning that those children attending were not in receipt of the level of education and care they should expect.

 

Whilst the budget was currently in surplus, the exceedingly low numbers at the school meant it was forecast to be in deficit by 2023/24 and this could eventually fall on the  ...  view the full minutes text for item 231.