Agenda and draft minutes

Date of Publication: 10 April 2025

Call-in Period Ends: 17 April 2025 @16:00hours

Notes: Information regarding call-in procedures can be viewed in Paragraph 13 of Part 3 – Section 5 Overview and Scrutiny Procedure Rules in the Council’s Constitution: Cumberland Council Constitution

To receive apologies for absence.

Apologies for absence were submitted on behalf of Councillors Hinton and Lynch, the Director of Business Transformation and Change and the Director of Children and Family Wellbeing.

To receive declarations by Councillors of disclosable pecuniary interests, personal interests, other registerable interests or any other interests in respect of items on the agenda.

There were no declarations of interest submitted.

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

RESOLVED 1) That items listed on the agenda in Part A be dealt with in public / when the public is present.

2) That the item listed on the agenda in Part B, as set out below, be considered when the public were excluded on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraph number (as indicated in brackets in the minute) of Part 1 of Schedule 12A to the 1972 Local Government Act:

- Agenda item 18. Construction contract award for the Leconfield Regeneration Scheme Cleator Moor

The reports was not for publication by virtue of paragraph 3 of Part 1 of Schedule 12A to the 1972 Local Government Act as it contained information relating to the financial or business affairs of any particular person including the authority holding that information.

The public interest in maintaining the exemption outweighs the public interest in disclosing the information.

To receive the minutes of the Executive held on 18 February 2025 and 27 March 2025 (Special).

(Minutes attached)

RESOLVED – That the minutes of the meetings of the Executive held on 18 February 2025 and 27 March 2025 (Special) be approved and signed by the Leader.

To receive any questions or representations which have been received from members of the public.

There were no questions, petitions or deputations submitted by members of the public.

To receive announcements from the Leader, Deputy Leaders and Members of the Executive.

The Portfolio Holder for Sustainable, Resilient and Connected Places announced that funding had been received which allowed for four new buses to be ordered and Council run services to be established through a community led campaign. The Leader commended the work done to establish the service.

To note Individual Portfolio Holder Decisions which have been taken since the last meeting of the Executive.

(Report attached)

RESOLVED – That the decisions taken by Individual Portfolio Holders since 18 Feburary 2025 be noted

To note the minutes of the following Executive Committee:

-       Joint Executive Committee 3 March 2025

(Minute attached)

The Chief Executive noted that the responsibility for hosting the Joint Executive Committee was now with Cumberland Council.

RESOLVED – that the following Executive Committee minutes be noted:

Joint Executive Committee 3 March 2025

(Non Key Decision)

To consider the People and Culture Task and Finish Group report which had been established by the Business and Resources Overview and Scrutiny Committee.

(Report attached)

(Key Decision)

Portfolio:     Cross Cutting

Relevant Scrutiny: Business and Resources Overview and Scrutiny Committee

Subject:

At its meeting on 28 January 2025, the Business and Resources Overview and Scrutiny Committee considered a report from the People and Culture Task and Finish Group.  The Committee considered the recommendations of the Task and Finish Group and referred the report to the Executive for their consideration.

The Executive had considered the report and minute excerpt and agreed to consider the recommendations of the Task and Finish Group when reviewing the policies relating to recruitment and retention and the ongoing work to address staff morale and Councillor engagement with those topics.

Alternative Options: Not to respond to a reference from Scrutiny

DECISION:

That the Executive agree to consider the recommendations made by the Task and Finish Group when reviewing the policies relating to recruitment and retention and the ongoing work to address staff morale and Councillor engagement with those topics.

Reason for Decision:

To respond to a reference from the Business and Resources Overview and Scrutiny Committee.

(Key Decision)

The Financial Planning and Assets Portfolio Holder to submit a report regarding the procurement of a consultant to complete a series of condition surveys to Cumberland Council’s Corporate and Schools portfolios.

(Report attached)

(Key Decision)

Portfolio:     Financial Planning and Assets

Relevant Scrutiny: Business and Resources Overview and Scrutiny Committee

Subject:

The Financial Planning and Assets Portfolio Holder presented a report requesting permission to commission the services of a consultant to undertake condition surveys in respect of:

(i)              Cumberland Council’s Corporate building portfolio, 

(ii)             Cumberland Schools Portfolio,  

(iii)           6 Specialist surveys to schools assessing structural elements in particular build types

(iv)            ‘Reinstatement Valuations’ for all Cumberland assets.

The estimated total value of the commission was £1m. Approximately £980k for the condition surveys and reinstatement valuations  and £20k for specialist structural surveys.

Prior to the local government reorganisation, each legacy authority had conducted condition surveys at different times to differing specifications. Therefore, the condition survey data available to Cumberland Council was incomplete and largely out of date. Condition survey information was typically gathered on a five-year cycle. 

The formation of a combined Cumberland Council Corporate Assets portfolio was a positive driver to establish robust and standardised condition data for the Corporate and School Portfolios.   A robust understanding of the portfolio would provide support for the development of the strategic assessment plan; identify a staged building maintenance requirement (and funding) over a 30 year period, support the development of a Prioritised Capital Maintenance Programme and identify elements of building maintenance for the schools to action to prevent untimely failure of building elements.

The Financial Planning and Assets Portfolio Holder moved the recommendations and the Leader seconded them.

Alternative Options: provide ‘in house’ condition surveys; do nothing.

DECISION:

That the Executive:

 (i) granted permission to procure a consultant for the provision of condition survey services  in relation to the Council’s Corporate and Schools portfolios; and

(ii) delegated authority to the  Director  of Resources to award the contract  to the successful consultant once the procurement exercise has been completed.

Reason for Decision:

Understanding the condition of building assets was of paramount importance for Cumberland Council.  Understanding the remaining life span of elements of the assets, particularly Mechanical and Electrical elements would permit better planning, help to keep buildings open and the building users safe as well as supporting strategic decision making on the ongoing operation of particular buildings.

(Key Decision)

The Sustainable, Resilient and Connected Places Portfolio Holder to submit a report requesting approval to execute a Deed of Variation to the Grant Determination Agreement with Homes England in relation to the Construction of Carlisle Southern Link Road and to confirm agreement to implement a significant Compensation Event under the Council’s contract with the Contractor in accordance with the terms and procedures of the contract.

(Report attached)

(Key Decision)

Portfolio: Sustainable, Resilient and Connected Places

Relevant Scrutiny: Place Overview and Scrutiny Committee

Subject:

The Sustainable, Resilient and Connected Places Portfolio Holder presented a report regarding delegated authority to the Director for Place, Sustainable Growth and Transport to agree the terms of and approve a Deed of Variation to the Grant Determination Agreement with Homes England in relation to the Construction of Carlisle Southern Link Road (CSLR) and to delegate authority to the CSLR Project Director working with the NEC Project Manager to agree the value of a significant Compensation Event under the Council’s contract with the Contractor in accordance with the terms and procedures of the contract.

The Sustainable, Resilient and Connected Places Portfolio Holder reported that the Carlisle Southern Link Road (CSLR) was a key piece of strategic infrastructure required to unlock housing growth at St Cuthbert’s Garden Village (SCGV) to the south of Carlisle and provide a high-quality link between Junction 42 of the M6 and the A595.  It also connected to Carlisle Northern Development Route, thereby completing an outer ring road for Carlisle.

The Project Principal Contractor, Galliford Try Construction Limited, was making significant progress on site and a number of high-risk construction activities had been successfully completed including high risk activities over the west coast main line railway to install the bridge deck beams, installation of bridge beams for the 3 span Caldew Bridge over the river and the Cumbrian Coast Line railway. Large volumes of bulk earthworks had been completed and a number of bridges and other structural elements were complete or virtually complete.

During the summer of 2023 the Project was subject to unprecedented rainfall which forced an early end to the programme critical earthworks and associated activities at the end of September 2023. This significantly impacted on the contractor’s programme and resulted in expenditure of project contingency. Unforeseen ground conditions had also been encountered across a wide area of the site which had required additional improvement works impacting on both the cost and programme of the overall works. This particularly affected works on the approaches to the main Caldew Crossing which dominated the critical path of the project and as a result caused significant delay.

The Project would not be able to achieve the milestone for completion of infrastructure works by the date within the HIF Grant Determination Agreement. The proposed Deed of Variation would vary the date to allow for risks that had already materialised on the Project and included an allowance for the remaining risks detailed within the report.

The Sustainable, Resilient and Connected Places Portfolio Holder moved the recommendations and they were seconded by the Leader.

Alternative Options: Not to amend the HIF Grant Determination Agreement; negotiate further changes to the Deed of Variation and the Grant Determination Agreement.

DECISION:

That the Executive:

      (i)          delegated authority to the Director of Place, Sustainable Growth and Transport to agree the necessary amendments to the Grant Determination Agreement between the Council and Homes England for the construction of the CSLR  ...  view the full minutes text for item EX.163/24

(Key Decision)

The Leader to submit the principles of the 2025-26 Cumberland UKSPF Programme for agreement.

(Report attached)

(Key Decision)

Portfolio: Leader

Relevant Scrutiny: Place Overview and Scrutiny Committee

Subject:

The Leader presented a report regarding the extension of the UK Shared Prosperity Fund (UKSPF) for 2025/26, to provide a transition year ahead of wider local growth funding reforms.  Cumberland Council’s allocation for 2025-26 was £3,463,047 (combining £639,388 capital funding and £2,823,659 revenue funding), to spend on projects and programmes aimed at levelling up and overcoming geographical inequalities.  Spend was spread across three core priorities – Communities and Place, Supporting Local Business and People and Skills – with new themes supporting the Government’s Missions.  On 4^th March 2025, government also advised that funding would continue under the Rural England Prosperity Fund (REPF) through DEFRA.

The Leader provided an overview on the delivery and successes of the 2022-25 UKSPF programme and subsequently set out the 2025-26 programme for approval.  The key outcomes the Council would achieve in the 2025-26 programme would be to encourage local engagement and improve health and wellbeing; support new and existing businesses; upskill residents and help them into employment, as well as invest in places and increase visitors to Cumberland.

To draw down the allocation, the Council would be commissioned to submit an initial forecast of how Cumberland expected to allocate 2025-26 UKSPF funding and the outputs and outcomes the Council expected to achieve under the UKSPF 2025-26 sub-themes.

The report highlights that the 2025-26 programme for Cumberland is a one-year transition programme, and it is vital that it commences immediately in the new financial year – April 2025 – to enable full delivery and spend by the deadline of March 2026.  On this basis the report seeks approval from the Executive to commence delivery of the 2025-26 programme in advance of the receipt of government funding and therefore, at risk. The Executive is also asked to agree to receive an REPF allocation of £755,827, announced on 27^th March.  The report seeks approval for a specific set of delegations for the management of the UKSPF and REPF programmes and decision making.

The Leader moved the recommendations and the Portfolio Holder for Financial Planning and Assets seconded them.

Alternative Options: Not to agree to be accountable body; roll forward the current 2024-25 programme into 2025-26; continue to use different partners or teams to administer grant funding to third sector and non-profit organisations; put the REPF programme through a future Executive meeting for separate approval.

DECISION:

That the Executive:

1.     Agreed to the Council acting as accountable body for 2025-26 UKSPF funding and to accept £3,463,046 from MHCLG.  Authorised the S151 officer to sign grant determination letters confirming capital and revenue allocations for 2025-26, if required by MHCLG, noting that in line with MHCLG requirements, a Memorandum of Understanding (MOU) has been signed and returned to government by 31^st March.

2.     Noted the successful delivery of the 2022-25 Cumberland UKSPF programme outlined in Section 2 of this report.

3.     Approved the principles of the proposed 2025-26 Cumberland UKSPF programme outlined in Section 3 of  ...  view the full minutes text for item EX.164/24

(Key Decision) 

The Sustainable, Resilient and Connected Places Portfolio Holder to submit a report requesting permission to procure a new Cumberland provision, operation and maintenance of Electric Vehicle Charging Infrastructure for general public use contract 2025-2040 through an open tender procedure for a period of 15 years and maximum value of £7M to provide a fit for purpose Electric Vehicle Charging Infrastructure for general public use that will be maintained in a safe operational condition and to allow emergency and non-emergency repairs to existing infrastructure to be completed in a timely and safe manner. Cumberland Council will receive £3.6m from the Local Electric Vehicle Infrastructure (LEVI) grant and the successful contractor will supply the remaining funds.

(Report attached)

(Key Decision)

Portfolio: Sustainable, Resilient and Connected Places

Relevant Scrutiny: Place Overview and Scrutiny Committee

Subject:

The Sustainable, Resilient and Connected Places Portfolio Holder submitted a report regarding the procurement of a contractor by way of a concession contract that would provide, operate and maintain an Electric Vehicle (EV) Charging Infrastructure across Cumberland . An open tender procedure would be conducted for a contract for a period of 15 years  from 2025 to 2040 with a maximum value of £7M. This would provide a fit for purpose Electric Vehicle Charging Infrastructure for general public use that would be maintained in a safe operational condition and to allow emergency and non-emergency repairs to existing infrastructure to be completed in a timely and safe manner.

The Sustainable, Resilient and Connected Places Portfolio Holder reported that geography of the area presented problems for anyone considering buying an electric car; to make the choice more realistic the Council was interested in four market sectors:

·     Densely urban streets where residents had no access to private driveways for parking and recharging.

·     Rural locations where the volume of demand was likely to be relatively low and therefore unattractive to commercial suppliers.

·     Popular visitor destinations which may be in remote countryside, but which saw parking durations of several hours at a time (allowing good opportunities to recharge).

·     Larger city and town centre car parks where commercial opportunities may be available.

The initial target was to provide a charge point within 5 minutes’ walk of every home; however, this may not be appropriate in every case. Where it was not possible, the Council would install charging points at public carparks / alternative locations to enable residents to charge their vehicles nearby. In isolated situations where the installation of a charging point was not feasible alternative methods would be considered to allow residents to charge their vehicles.

The Sustainable, Resilient and Connected Places Portfolio Holder moved the recommendations and the Leader seconded them.

Alternative Options: Not to procure a new contract; undertake the maintenance in house.

DECISION:

That the Executive:

1. Approved permission to procure by way of written tender using the open procedure with a concession contract, a contractor  (concessionaire) for the provision, operation and maintenance of Electric Vehicle Charging Infrastructure for general public use across Cumberland for a period of 15 years from 2025 to 2040 with a maximum value of £7m (£3.465m was grant funded and £3.535m match funded)

2. Delegated authority to the Assistant Director of Highways and Transport to award the resulting contract to the successful contractor. 

Reason for Decision:

To provide an effective Electric Vehicle Charging Infrastructure for general public use.

(Key Decision)

The Adults and Community Health Portfolio Holder and the Children’s Services, Family Wellbeing and Housing Portfolio Holder to present the new Adult Social Care and Housing Vision.

(Report attached)

(Key Decision)

Portfolio: Children and Family Wellbeing and Housing and Adults and Community Health

Relevant Scrutiny: People Overview and Scrutiny Committee

Subject:

The Children and Family Wellbeing and Housing Portfolio Holder presented the proposals regarding a new “Vision” document for Adult Social Care and Housing.

The Children and Family Wellbeing and Housing Portfolio Holder reported that development of a Vision had been important to provide a clear narrative that enabled staff, Members and the public to understand the strategic direction of travel for Adult Social Care and Housing Directorate.

The proposed Vision statement for Adult Social Care and Housing was:

“People live fulfilled, healthy, independent lives in the place that they call home.”

The Vision was supported by five priorities that would guide everything that the Council did, running through its policies and programmes:

·       Priority 1: Excellent practice

·       Priority 2: Valuing our skilled workforce

·       Priority 3: Empowered voices, empowered choices

·       Priority 4: Right support, right time, right place

·       Priority 5: Innovating for our communities

A clearly articulated Vision and clarity on the Directorate priorities would be important tools in communicating with staff, building culture and ensuring that staff understood how their work fit into the priorities of the Directorate and the Council.

The Children and Family Wellbeing and Housing Portfolio Holder moved the recommendations and the Leader seconded them.

Alternative Options: To develop a plan or a strategy for Adult Social Care and Housing; not produce an overarching statement of strategic direction.

DECISION:

That the Executive approved the Adult Social Care and Housing Vision.

Reason for Decision:

To provide clarity on priorities for Adult Social Care and Housing to help to build culture and communicate what the Directorate was aiming to achieve.

(Non Key Decision)

The Cumberland Policy and Regulatory Services Portfolio Holder to submit an update on the progress and performance against the Council Plan priorities as measured through a blend of activity set out in the Council Plan Delivery Plan and key performance indicator.

(Report attached)

(Non Key Decision)

Portfolio: Cumberland Policy and Regulatory Services

Relevant Scrutiny: Business and Resources Overview and Scrutiny Committee

Subject:

The Cumberland Policy and Regulatory Services Portfolio Holder presented an oversight of the corporate performance for Cumberland Council for Quarter 3 2024/25 (1 October 2024 to 31 December 2024). The report suggested an overall positive position of performance at Quarter 3 2024/25.

The Cumberland Policy and Regulatory Services Portfolio Holder moved the recommendation and the Leader seconded it.

Alternative Options: None

DECISION:

That the Executive noted the overall performance relating to delivery of the Cumberland Council Plan priorities as measured by the activities and key performance indicators set out in the report.

Reason for Decision:

The corporate performance report allowed the organisation to monitor progress and performance against priorities as articulated in the Cumberland Council Plan 2023-2027.

(Non Key Decision) 

The Financial Planning and Assets Portfolio Holder to submit the Revenue and Capital Budget Monitoring report for Quarter 3 (April to December) 2024.

(Report attached)

(Non Key Decision)

Portfolio: Financial Planning and Assets

Relevant Scrutiny: Business and Resources Overview and Scrutiny Committee

Subject:

The Financial Planning and Assets Portfolio Holder presented the Council’s financial performance against budget for the period April to December 2024 along with the forecast position to 31 March 2025.

The Financial Planning and Assets Portfolio Holder highlighted the key messages:

Revenue budget –

(i) The quarter 3 projected outturn was showing a potential un-budgeted use of general fund of £2.099m, comprising:

a.   £2.011m adverse forecast outturn variance against the revenue budget (0.63% of the current net revenue budget)

b.   £0.088m adverse forecast outturn variance against the general funding budget (0.03% of the current net general funding budget)

(ii) The quarter 3 projected un-budgeted use of general fund of £2.099m, was a favourable change of (£0.924m) when compared to Q2 which identified a projected contribution of £3.023m

Capital Budget -

(i)  an underspend compared to budget of £13.653m

(ii) expected budget carry forward requests (re-profiling adjustments) of £12.916

(iii)  an overall favourable variance (net of carry forward requests) of £0.737m.

Treasury Management -

(iv)          Treasury management activities were carried out in accordance with the Council’s treasury management and investment strategies

(v)  no new external borrowing was undertaken.

The Financial Planning and Assets Portfolio Holder moved the recommendations and the Leader seconded them.

Alternative Options: None

DECISION:

That the Executive:

• noted the revenue budget position contained in this report
• noted the revenue budget adjustments, between directorates and corporate budgets, as set out in the report appendix A
• noted the contributions from earmarked reserves of £417,000, as set out in the report
• approved the contributions of £9,360,000 to earmarked reserves, as set out in the report.
• noted the capital programme position contained in the report
• approved the adjustments to the 2024-25 capital programme totalling £889,395, as set out in the report
• noted the Treasury Management update contained in the report

Reason for Decision:

To ensure that the Executive was fully briefed on the Council’s financial performance against budget for the period April to December 2024 along with the forecast position to 31 March 2025.

(Non Key Decision)

The Leader to provide a verbal update on the Devolution process.

(Non Key Decision)

Portfolio:     Leader

Relevant Scrutiny: Business and resources Overview and Scrutiny Committee

Subject:

The Leader provided a verbal update on the current position regarding the Devolution, which included that the Government consultation was live until 13 April 2025, the public in-person event in Penrith on 27 was well attended and that conversations with partners, such as Cumbria Association of Local Councillors (CALC), Westmorland and Furness Council and Group Leaders within Cumbria were ongoing.

The Leader also highlighted that members of the Public and Councillors individually could provide a response to the Government’s Devolution consultation and that some initial capital funding would be provided by the Government to help set up the new Strategic Authority following lessons learned from Local Government Reorganisation.

The Executive noted the verbal update from the Leader.

Alternative Options: None

DECISION:

That the update on the devolution process be noted.

Reason for Decision:

To ensure open and transparent decision making with regard to the devolution process.

RESOLVED – That in accordance with Section 4(b), Part 2 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 the Public and Press were excluded from the meeting during consideration of the following items of business on the grounds that they likely involved the disclosure of exempt information as defined in the paragraph number (as indicated in brackets against the minutes) of Part 1 of Schedule 12A to the 1972 Local Government Act.

(Non Key Decision)

(The report is not for publication by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as the report contains exempt information relating to the financial or business affairs of any particular person (including the authority holding that information)

The Financial Planning and Assets Portfolio Holder to submit a report regarding the amendment to a previous executive decision on the Construction contract award for the Leconfield Regeneration scheme Cleator Moor.

(Report attached)

(Public and Press excluded by virtue of Paragraph 3)

(Non Key Decision)

Portfolio: Financial Planning and Assets

Relevant Scrutiny: Place Overview and Scrutiny Committee

Subject:

The Financial Planning and Assets Portfolio Holder reported that the Executive had, at its meeting on 18 February 2025, delegated authority to the  Director Business Transformation and Change, following consultation with the Portfolio Holder Financial Planning and Assets, to award a JCT Design and Build contract to Morgan Sindall Construction & Infrastructure Ltdfor construction of an Innovation Hub on the Leconfield Industrial Estate, with a value of circa £15.3m plus VAT, subject to the relocation of current site occupant BOC and agreement of the Heads of Terms for an operator of the facility.

Work had progressed and issues regarding the relocation of the site occupant required a change to the Executive’s decision.  The Council would continue to work with project partners to seek resolution.

The Chief Executive proposed an amendment to the recommendation to include the Chief Finance Officer (Section 151) in the consultation of the delegated authority to ensure that all financial aspects were considered in any decisions made.

The Financial Planning and Assets Portfolio Holder moved the amended recommendations and the Leader seconded them.

Alternative Options: Not to amend the previous executive decision.

DECISION:

That the Executive:

i.     Delegated authority to the Director Business Transformation and Change following consultation with the Chief Finance Officer (Section 151) and the Portfolio Holder Financial Planning and Assets to award contracts for the design of the Innovation Hub, Leconfield within the agreed Capital Programme budget.

ii.   Delegated authority to the Director Business Transformation and Change, following consultation with the Chief Finance Officer (Section 151) and the Portfolio Holder Financial Planning and Assets to award necessary contracts for the construction of the Innovation Hub, Leconfield, within the agreed Capital Programme budget and subject to the agreement of the Heads of Terms for an operator of the facility. 

Reason for Decision:

To ensure delivery of a core element of the Cleator Moor Town Deal.