Council Minutes: 8 December 2009

Present:

Before the meeting began, the Chairman requested Members' permission for a television crew to film at the start of the meeting and for photographs to be taken.

RESOLVED that the Council grants permission for the film crew to record at the start of the meeting and for photographs to be taken on this occasion.

Before the formal business, the Chairman informed those present that the Council had been in contact with the Morrisons Regional Director to offer support and open dialogue on the way forward following the fire at the store. Morrisons are also talking to the Assistant Director Planning Services to talk about options for re-opening on a temporary basis as soon as possible.

Those present were advised that in order to help traders in the town the Executive had, at its meeting earlier in the day, agreed that free car parking be offered in Penrith on the two Saturdays leading up to Christmas and Christmas Eve to encourage shoppers to use the Town.

Councillor W Patterson joined the meeting at 6.50pm.

Cl/77/12/09 Apologies for Absence

Apologies for absence were received from Councillors G W Boustead, H Harrison, and B Metz.

Councillor R A Brunskill also tendered his apologies as he had a personal and prejudicial interest in all the items on the agenda due to his work.

Cl/78/12/09 Declarations of Interest

1. Councillor N Hughes declared a personal interest in the items on the agenda due to his membership of the Board of Eden Housing Association.

Cl/79/12/09 Penrith New Squares Consultation Report

The Council considered report TS111-09 of the Management Team which set out the findings of the consultation which was held n September 2009 in respect of the three options for moving forward ie:

Mr Scott Royal from Local Dialogue, the company who had undertaken the consultation, presented the report and answered questions from Members.

RESOLVED that:

1. the consultation process undertaken in conjunction with Local Dialogue be noted; and
2. the report be noted.

Cl/80/12/09 Penrith New Squares - Decision Report

The Council considered report TS105-09 of the Management Team which asked Members to determine the most appropriate way forward whilst considering the key factors which included:

• the consultation;
• an acknowledgement of the current situation both under planning and under the agreement;
• the financial situation
• regeneration, and
• the risks of challenge, including the lawfulness of the Council's approach.

Moved by Councillor Mrs P Bell
Seconded by Councillor N Hughes

And RESOLVED that the recommendations be voted on individually.

1. Moved by Councillor K Phillips
   Seconded by Councillor Mrs M Robinson
   
   And RESOLVED that the Council not proceed on the basis of either Options 1 or 2 (detailed above) unless this follows a new advertisement and competition in view of the legal advice which had been received.
2. Moved by Councillor K Phillips
   Seconded by Councillor Mrs M Robinson
   
   That Members note the Step In process under the current arrangements.
   
   Amendment by Councillor Mrs P Bell
   Seconded by Councillor N Hughes
   
   That Members note the step in process under the current arrangements and whilst the step in process is underway, Eden District Council use this period of time to talk with people in the community to discuss the best way forward and consider all possible options.
   
   Following advice from Officers Councillor Mrs Bell, with the agreement of her seconder, withdrew the amendment.
   
   RESOLVED that the Step In process under the current arrangement be noted.
3. Moved by Councillor K Phillips
   Seconded by Councillor Mrs M Robinson
   
   And RESOLVED that the funder and Sainsbury's (SSL) be invited to confirm their positions and interests in relation to the development and particularly in relation to the step in process.
4. Moved by Councillor K Phillips
   Seconded by Councillor Mrs M Robinson
   
   That a further report be brought to Council in connection with the development when SSL's intentions are known and particularly upon the step in process.
   
   Amendment by Councillor Mrs P Bell
   Seconded by Councillor M Eyles
   
   That a further report be brought to Council in connection with the development when SSL's intentions are known and particularly upon the step in process and that whilst the step in process is underway Eden District Council use this period of time to talk with people in the community to discuss the best way forward and consider all possible options.
   
   A vote was taken when there were:
   
   For the amendment - 20
   Against it - 7
   Abstentions - 4
   
   The amendment was carried.
   
   Further amendment by Councillor N Hughes
   Seconded by Councillor M Eyles
   
   That a further report be brought to Council in connection with the development when SSL's intentions are known and particularly upon the step in process and that whilst the step in process is underway Eden District Council use this period of time to talk with people in the community to discuss the best way forward and consider all possible options. In the report back to Council it should not be assumed, if neither SSL nor National Australia Bank exercises its step in right, that Members necessarily need return to the original planning brief.
   
   A vote was taken when there were:
   
   For the further amendment - 7
   Against it - 27
   
   The further amendment fell.
   
   On returning to the amendment a vote was taken when it was carried and on being put as the substantive motion it was accordingly RESOLVED that:
   
   A further report be brought to Council in connection with the development when SSL's intentions are known and particularly upon the step in process and that whilst the step in process is underway Eden District Council use this period of time to talk with people in the community to discuss the best way forward and consider all possible options.
5. Moved by Councillor K Phillips
   Seconded by Councillor Mrs M Robinson
   
   And duly RESOLVED that delegated authority be given to the Executive to deal with any matters in connection with the safety and security of the site which may arise.

The meeting closed at 8.35pm