Council Minutes: 17 September 2009

Present:

Cl/46/9/09 Apologies for Absence

Apologies for absence were received from Councillors R A Brunskill, R Burgin, G Boustead and B Metz.

Cl/47/9/09 Declarations of Interest

No declarations of interest were received.

Cl/48/9/09 Minutes

The minutes including

1. Cl/28/7/09 to Cl/42/7/09 of the meeting of Council held on 23 July 2009; and
2. Cl/43/9/09 to Cl/45/9/09 of the special meeting of Council held on 1 September 2009

were approved as a correct record of those proceedings.

Cl/49/9/09 Chairman's Remarks

The Chairman reported that it was a momentous week for the Council as we start a public consultation and exhibition to listen to residents' views on the Sainsbury's proposals for the future of the Penrith New Squares development. This consultation is already available online and the public exhibition about the proposals opened today at Penrith Leisure Centre.

Members of the Council's Executive, senior officers and representatives from Sainsbury's are attending the exhibition to listen to the public's views and talk them through the various proposals.

I would like to take this opportunity to reiterate that it is Members who asked Officers and Sainsbury's to facilitate this public consultation, as we wished to hear the public's views on the proposals before we make the final decision in this Chamber in November.

So I urge as many people as possible to visit the public exhibition, read the information leaflet sent to local households or visit our website, and make your own informed decision on the options. All the information clearly states the Council preference for Option 1, the phased approach to the development and a 78,000 gross sq ft supermarket. The reasoning behind Members' preference for the future of Eden's economy is also given.

Over the past few weeks I have enjoyed representing Eden at some of the summer's big events. I attended the International Sheep Dog Trials at Lowther last weekend, which was visited by HRH Princess Anne. The event was a huge success with crowds estimated at over 10,000 and an international TV audience anticipated. Eden District Council supported the event with £1,000 of sponsorship and officers and Councillors also had a stand at the trials promoting Eden as a tourism destination.

On the August Bank Holiday weekend, I attended various activities organised under the Pendragon Festival Banner, which were held in and around Penrith Leisure Centre on the Saturday and Sunday. Much praise must go to Eden's Leisure Services team and the Parkwood Staff who worked with local organisations to put on activities for all ages. These included:

• A Skate Jam event
• Rally car scrutinizing
• Customised Car display
• Road safety information
• Urban Music and art workshops
• The Penrith Triathlon, which had over 100 competitors
• Family Fun Day at the leisure centre with all donations going to Eden Valley Hospice

Our congratulations should also go to Eden Arts, who organised a great exhibition of local artists called Art in Eden. Members of the public could tour around artists' workshops, see them at work, explore their different techniques and styles, browse artworks - and possibly buy a piece of art too. The Best of Eden exhibition, which showcases this local talent, is on display at the Upfront Gallery at Hutton in the Forest until Sunday 20 September.

Over the past few weeks I have also been delighted to celebrate ten years of the Upper Eden Plus Bus, helped launch the Penrith and District Football League's adoption of the Football Association's Respect Campaign, formally opened a Lottery funded play area at Bolton and fulfilled many other engagements countywide for the District.

Cl/50/9/09 Questions by the Public

Four questions were received from the public within time which had been accepted by the Director of Corporate and Legal Services.

1. Mr Alistair Harper attended the meeting and read out his question:
   
   'On what basis did Eden District Council refuse requests from the Penrith Chamber of Trade and 'Heart of Penrith' Groups for representation at the Public Consultation on 17-19 September?'
   
   Councillor Phillips responded to the question as follows:
   
   The Exhibition has been arranged and designed to fit within the Eden room at the Penrith leisure centre. The focus of this exhibition will be on the three options;
   • Option 1; The Council's preferred option for a partnership with Sainsbury's based around a store of 78,000 sq ft.
   • Option 2; Sainsbury's preferred option for a partnership based around a larger store of 90,000 sq ft.
   • Option 3; Rejecting both the Sainsbury's options and returning to the market with the original store of 55,000 sq ft.
   The exhibition has been organized between Sainsbury's and the Council and representatives of both organizations will be in attendance. The Council cannot, however, be responsible for opening this arrangement up to other organizations and in reality there is limited space.
   
   The Council does welcome everyone to attend the exhibition and find out the information for themselves.
   
   Mr Harper asked the following supplementary question of Councillor Phillips:
   
   'How can this be reconciled by your own statement that you would be fully open and transparent during the consultation.'
   
   Councillor Phillips responded to the question as follows:
   
   'It is full and transparent, everything you need to know is available at the consultation'.
2. Dr Kevin Lane attended the meeting and read out his question:
   
   What is the actual size in square feet of the proposed Sainsbury's supermarket in Penrith under Option 1 of the public consultation?
   
   Councillor Phillips responded to the question as follows:
   
   Much has been said about floor areas but the starting point is the scheme which already has full planning permission and which was started by Lowther Manelli. In this scheme the supermarket had a gross area of 55,000 sq ft and this incorporates an actual net sales area of 37,100 sq ft.
   
   Under the option 1, Sainsbury's are seeking to build a store with a gross floor area of 78,000 sq ft and this would include an actual net sales area of 50,000 sq ft.
   
   In reality therefore Sainsbury's are looking to increase the actual sales area by 12,900 sq ft and this would be achieved by relocating non food retail space from other areas of the scheme.
   
   Dr Lane asked the following supplementary question of Councillor Phillips:
   
   'Is the proposed Sainsburys bigger than the Tescos at Rosehill, two times as big as Morrisons in Penrith and three times as big as the Sainburys in Cockermouth.
   
   Councillor Phillips responded to the question as follows:
   
   'The information is available at the consultation at the leisure centre, however I will provide you with the answer in writing'.
3. The Director of Corporate and Legal Services read out the following question on behalf of Clare Sambrook who was not present:
   
   'Is the Council basing its assumptions about the merits of this scheme on the deeply biased pro-developer report by Grimley's at the top of the boom? Or is there a new and Independent economic impact report that convincingly proves the benefits in the context of hard times?'
   
   Councillor Phillips responded to the question as follows:
   
   Lowther Manelli was appointed for the New Squares development by the Council some six years ago. Planning permission has been obtained for the development which was proposed by Lowther Manelli. It is important to remember that we are now consulting upon a proposal from Sainsbury's which arises out of the Lowther Manelli scheme which has received approvals including planning consent.
   
   I presume that Ms Sambrook is referring to the Grimley's report which was prepared for the Council to consider the Retail Impact Assessment after the planning application for the scheme was submitted. That report provides a critique of the retail impact study provided by the applicant. Grimley's is a reputable company which provided independent advice to the Council on the impact of the proposals.
   
   The Council has two roles both as the land owner and as the local planning authority. The Council is considering the proposals from Sainsbury's as the land owner. The Council has not considered the planning aspects of any revised proposal. I expect and am informed that the retail impact of the proposal will be considered if the scheme submitted by Sainsbury's is approved and any planning application is made.
   
   It is also important to remember that Sainsbury's are not adding to the retail capacity of the approved Penrith New Squares scheme. The proposal from Sainsbury's relates to moving retail within the approved scheme.
   
   It is the case that the Council will consider the retail impact of any revision to the scheme with the other planning issues at the appropriate time.
4. The Director of Corporate and Legal Services read out the following question on behalf of Nicola Hughes who was not present:
   
   'It is generally accepted that horses go before carts. Why is the Council running a Public Consultation before obtaining a properly independent economic impact report?'
   
   Councillor Phillips responded to the question as follows:
   
   The consultation is to enable the Council to receive the views of the public on the proposal which has been made by Sainsbury's which amount to variations and changes to the scheme which have arisen in the light of events and not least the credit crunch. As I mentioned in relation to the question of Ms Sambrook the Retail Impact Assessment will be relevant as and when the Council considers the planning issues on any proposal which is intended to proceed. The planning considerations are separate to any approval of the scheme which the Council may make as the owner of the land concerned. The Retail Impact Assessment process is an integral part of the planning assessment. The planning assessment and the consideration of retail impact issues necessarily follow any approval of any scheme by the land owner.
   
   It is understood that the Council will be particularly concerned about the impact of any scheme upon the town centre. The Council is concerned to retain the viability and vitality of its town centres. The Council wishes to increase and enhance the vitality and viability of Penrith so that its retail offer is improved and there is not a leakage of trade to other towns to the detriment of Penrith and Eden as a District.

Cl/51/9/09 Questions by Members

1. Councillor Neil Hughes asked the following question of the Portfolio Holder for Community Services under rule 12 of the Constitution.
   
   'A Liberal Democrat motion seeking greater NWDA promotion of broadband access to the relatively more remote rural properties and communities in Cumbria was passed at last week's county council meeting. Does the portfolio holder actively support such a strategy and will she ensure that its ramifications for Eden are actively pursued by the cabinet through the Eden local strategic partnership?'
   
   Councillor M Robinson, Portfolio Holder for Community Services responded as follows:
   
   'In responding to Councillor Hughes question I think it is important that all EDC Councillors know what the County Council accepted as a motion at last weeks meeting.
   
   Councillor Ian Stewart said,
   
   "Council recognises the vital work that was done under "Project Access" to increase broadband availability in Cumbria. However, the County Council notes that the work was limited in that it defined broadband as being above 512kbps, although 2Mbps is now widely available.
   
   Council notes that the NWDA is considering a further round of investment of approximately £150million in "Next Generation" IT infrastructure that will enable broadband access of up to 100Mbps. Council also notes that the NWDA's target of 80% coverage for the next generation network could disadvantage Cumbria if the focus is going to be on the conurbations /areas of greatest opportunity.
   
   Council therefore asks Cabinet to prepare a case in conjunction with partners to lobby the NWDA for the inclusion of Cumbria in its next funding round.
   
   Council also asks its representatives on 4NW, the Regional Leaders' Forum, to fight to ensure Cumbria has access to the infrastructure its businesses and residents need."
   
   As portfolio holder for Community Services, with so many of Eden's wards poorly served by Broadband, how could I not support such a strategy.
   
   Councillor Hughes has to understand however Eden's role on the Eden LSP.
   
   Eden District Council is a partner on the LSP, we can put the case that Broadband provision and improvements should be a high priority but it is up to the Partnership to decide what the LSP's priorities are.
   
   I can advise Councillor Hughes that the LSP has written a letter to the Editor of the Cumberland and Westmorland Herald which was featured in the newspaper urging residents who do not receive Broadband or whose Broadband is slow to register on the "Not Spot" website. This site is developing a comprehensive map of where Broadband is not available or is very slow. This evidence is vital in helping the Government pinpoint where improved services are required.
   
   I can also advise Councillor Hughes that the LSP has written out to all Parish Newsletter Editors urging them to inform their residents of registering on the "Not Spot" website.
   
   Government Office North West's LSP representative Liz Gill (The - Cumbria Locality Manager for Economic, Environment and Regional Issues) has agreed to make contact with Elaine Howard, the Rural Affairs representative at GONW to ensure that the Broadband needs of rural areas in Eden are brought to the attention of Ministers to ensure in any future potential grants, Eden is able to benefit.
   
   In addition this Council currently involved with several Community/Parish Planning Groups in developing community plans. As part of the Council's assistance, it draws the Groups' attention to enquiring whether residents are receiving adequate Broadband coverage. If it is found from surveys that they are not, they are urged to register their Broadband status on the "Not- Spot website.
   
   I have spoken to Roger Roberts Chairman of the LSP who has advised me that these concerns are being discussed as part of two groups - The Eden Economic Forum about how lack of Broadband effects economic growth and also in the Young Peoples subgroup where lack of Broadband effects their social needs but also increasingly that young people are expected to be able to do course work using Broadband connections to their schoolwork on their schools intranet systems.
   
   There is a Cumbria Rural Forum conference being planned for next March (10) where a series of issues around rural businesses will be raised'.
2. Councillor Patricia Bell asked the following question of the Portfolio Holder for Community Services under rule 12 of the Constitution.
   
   'What areas will EDC be gritting this winter, who will be carrying out this work and what contingency plans or funds are in place to deal with any extreme weather we may experience?'
   
   Councillor M Tonkin, Portfolio Holder for the Environment and Sustainability responded as follows:
   
   'It should firstly be noted that the vast majority of winter gritting is undertaken by Cumbria County Council who are the Highway Authority for the area. Eden has an arrangement whereby the County will grit the roads yet be adopted at Gilwilly Industrial Estate and Eden Business Park and this is charged to us. After that, Eden will grit land in its ownership, as and when necessary. This includes such areas as the Eden car parks, the cemetery and the land at the Town Hall and Mansion House.'
   
   Councillor Bell asked the following supplementary question of Councillor Tonkin:
   
   'Will Eden District Council be working with Cumbria County Council to extend the winter gritting in Eden?'
   
   Councillor M Tonkin responded as follows:
   
   I have asked Cumbria County Council, but they haven't cooperated, but I will ask again.
3. Councillor Patricia Bell asked the following question of the Leader of the Council under rule 12 of the Constitution.
   
   'Please, could the New Squares consultation period be extended?'
   
   Councillor K Phillips responded as follows:
   
   The Consultation has now been launched and all the material will show the conclusion date as the 30 September 2009. This allows adequate time after the Exhibition and after the circulation of leaflets. We do need to move forward with the Penrith New Squares and it will be November before the scheme comes back to the Council for a decision. I therefore do not consider that there would any benefit in delaying the consultation further.
4. Councillor Patricia Bell asked the following question of the Leader of the Council under rule 12 of the Constitution.
   
   'Will the meeting that eventually takes the New Squares decision in November be held in public?'
   
   Councillor K Phillips responded as follows:
   
   At this stage I anticipate that the report from the Consultation will be discussed in public and the findings of the Consultation will be available to the public. However, it is likely that there will be a further report which deals with the decision for the future. I expect that this further report will be considered with the Press and Public excluded if it includes matters which are commercially sensitive and/or legal advice from the Council's Legal Team. Members will be aware that there will be a risk of challenge on whatever decision the Council takes and the Council must therefore protect the public interest even in this means taking decisions where the public cannot be present.
   
   Councillor Bell asked the following supplementary question of Councillor Phillips:
   
   'Could the Executive consider Part ll items on this matter separately and then go into Part l of the meeting, so that the decision and discussion is in public?'
   
   Councillor K Phillips responded as follows:
   
   'I will take your advice onboard and let you know if we are able to do this'.
5. Councillor Michael Eyles asked the following question of the Leader of the Council under rule 12 of the Constitution.
   
   'I ask this question in order to judge whether there will be a reasonable time for members to properly consider and consult with residents of their wards before having to make a decision that will affect Penrith for generations to come.
   
   When will the results of the consultation on Penrith New Squares be available to the members of the council?'
   
   The Consultation will close at the end of September and the independent consultants will then evaluate all the responses which will have been received from the website, the exhibition, the circulated leaflet and any other responses mailed directly to the Council. The resulting findings will form the basis of a further report to members which will be considered in early November. On this timescale I therefore expect that members will have the results in late October or early November in time for the Council meeting.
6. Councillor Michael Eyles asked the following question of the Leader of the Council under rule 12 of the Constitution.
   
   'What is the cost so far to the Council of unplanned expenditure arising from the current problems associated with Penrith New Squares Development? As an example of such expenditure I would point to the extra costs incurred in taking over responsibility for cleaning the temporary toilets at Southend Road.'
   
   I am grateful to Councillor Eyles for this question because it highlights the growing cost to the Council of dealing with the stalled scheme. It is not possible to put a precise cost on all the areas of work although I hope the following figures will give Councillor Eyles a good indication of the costs which are mounting.
   
   

   The Council has agreed to take over the cleaning of the temporary toilets at Southend Road and the estimated cost is based on the costs up to 31 March 2010	£7,862
   We then have the legal action against LMP which resulted in the Winding Up Order against LMP. This cost is estimated.	£20,000
   We are currently undertaking the Consultation on the three options and whilst most of this cost is being funded by Sainsbury's there are some costs which will fall to the Council.	£5000
   The Council has continued to be advised by two major consultants. One providing Commercial legal advice and the second providing property and retail advice. The figure I can provide is based on the accounts since the scheme stalled last year and up to 31 March ( Legal) and 31 July ( property).	£57,479
   The Council has already stepped in and completed the new football Stadium at Frenchfield. This was achieved with the help a major grant from the North West Development Authority. However, the grant does not cover all the costs and at this stage it is estimated that there will be an excess cost.	£150,000

   
   All of these total £240,341. In providing this figure it is important to draw attention to two points.
   
   Firstly, that this scheme has major financial implications for the Council and expenditure will continue to grow the longer it takes to find a solution. Secondly, that these costs will all be minimized if we are prepared to work with Sainsbury's. Indeed a large proportion of the costs I have already outlined are to be reimbursed by Sainsbury's if their proposal is accepted. If ultimately their proposal were to be rejected, then all these costs, and more, would fall to the Council.
   
   Councillor W Patterson left the room at 7.13pm
   
   Councillor W Patterson returned to the meeting at 7.15pm

Cl/52/9/09 Motions on Notice

No motions on notice were considered.

Cl/53/9/09 Presentation by the Leader as Portfolio Holder for Resources

The Council received a presentation from Councillor K Phillips, Leader of the Council and Portfolio Holder for Resources. Councillor Phillips highlighted the achievements within his portfolio over the last twelve months, which included being voted one of the best council's to work for in 2008, having a website highly rated for its accessibility, completion of the new football stadium at Frenchfields and successfully balancing the budget.

He explained that the Council faced tough financial challenges ahead and that it was likely that the Council would face a shortfall of £0.5million to £1million each year. He said that further information would be presented in the Resources Plan which would be considered at the Executive on 6 October 09.

Members asked questions of Councillor Phillips and thanked him for his presentation and responses.

Cl/54/9/09 Specification for Play Areas

The Council considered report TS70-09 of the Director of Technical Services which requested members to consider amendments to the Council's Specification for Play Areas in relation to the adoption of new play facilities and their maintenance.

M Davidson left the meeting at 7.28pm

Moved by Councillor M Robinson
Seconded by Councillor J Thompson

That:

1. The Specification for Play Areas in the Council's Green Spaces Strategy be amended;
2. The adoption of children's play areas where the equipment accords with the Specification be continued; and
3. A management service be offered for those play areas where the equipment does not accord with the Specification.

M Davidson returned to the meeting at 7.30pm

Amendment by Councillor N Hughes
Seconded by Councillor P Bell

That recommendation (a) and (b) be referred back to the Executive for further discussion and that recommendation (c) be approved.

A vote was taken where there were:

For the amendment - 4
Against it - 27

The original motion on being put as the substantive motion was carried, and it was RESOLVED that:

1. The Specification for Play Areas in the Council's Green Spaces Strategy be amended;
2. The adoption of children's play areas where the equipment accords with the Specification be continued; and
3. A management service be offered for those play areas where the equipment does not accord with the Specification.

Cl/55/9/09 Appointment of Standing Deputy on the Standards Committee

RESOLVED that the nomination of Councillor J Raine as the standing deputy on the Standards Committee for the Conservative Group be confirmed.

Cl/56/9/09 Exclusion of Press and Public

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the appropriate paragraphs of Part 1 of Schedule 12A of the Act.

The following minute Cl/57/9/09 contains exempt information as described in the relevant paragraph of Part 1 of Schedule 12A of the Local Government Act 1972 and is excluded from this document by virtue of Section 100A of the Act. Below is a summary of these proceedings.

Supplementary Estimate - Bring Sites Contract (Cl/57/9/09) (Exclusion Paragraph 3 and 7)

Members considered report TS96-09 of the Director of Technical Services which asked Members to consider extending the term of the temporary arrangements for the collection and disposal of recyclable materials from the Council's bring sites across the district.

It was agreed that the recommendations contained in the report should be accepted.

The meeting closed at 7.59pm