Meeting documents

Thursday, 12 April 2007

Ryedale House, Malton

 

Councillors Wainwright (in the Chair), Miss Anderson, Clark,Jenkins, Knaggs, Legard and Mrs Schroeder.

 

By Invitation: Councillors Cottam, Keal and MrsShields.

 

Ms J Baldwin, Mrs L Carter, P Hancock, Mrs M Jackson, DSummers, Mrs J Thompson, Miss J Waggott and Ms EWoodland.

 

 

Apologies for absence were received from Councillors Aslett,Clarkson and Murray-Wells.

 

 

 

The minutes of meetings of the Policy & ResourcesCommittee held on 7 February 2007 and 8 February 2007 were presented (previouslycirculated).

 

It was noted that at the Meeting of Council (Budget) held on26 February 2007 the minutes of the meeting of Policy &Resources Committee held on 7 February 2007 were approved andadopted subject to Minute No. 415 (Budget Strategy 2007/08) beingamended to include part (m) That provision be made within theCouncil’s existing Concessionary Travel Scheme, for those entitled,for free use of Community Transport in the Ryedale District inaddition to the existing benefit of use on Public Transport BusServices.

 

At the meeting of Council held on 8 March 2007, the minutes ofa meeting of the Policy & Resources Committee held on 8February 2007 were approved and adopted subject to Minute No. 426(Post Office Network Consultation Document) being amended by thedeletion in part (a) of the resolution of the word ‘from’.

 

 

The Chairman reported that there were two items which heconsidered should be dealt with at the meeting as a matter ofurgency by virtue of Section 100B(4)(b) of the Local Government Act1972.

 

In addition, the Chief Executive reported on thefollowing:

 

 

The Chief Executive reminded Members that at a recent MemberBriefing, Members had expressed support for the establishment of ajoint fund by the North Yorkshire District Councils to cover thecosts of gathering information, and in particular the jointcommissioning of a MORI poll. The Chief Executive recommended thatshe be granted delegated authority, in consultation with theChairman of Policy & Resources Committee, to agree Ryedale’scontribution and agree a budget to resource the associated work intaking appropriate action to promote the District Council’sposition, including supplying information relating to the unitarybid. Members had discussed this at the Member Briefing on 4 April2007.

 

The recommendation was accepted.

 

 

NB Councillor Clark recorded his vote against the abovedecision as he was of the opinion that the amount of the Council’scontribution should be established prior to approval beinggranted.

 

 

 

Councillor Miss Anderson declared an interest in the CommunityInvestment Fund Panel minutes as a representative on the Citizens’Advice Bureau and also as a representative on the Ryedale FestivalBoard, Councillor Mrs Schroeder declared an interest in theCommunity Investment Fund Panel minutes as a representative on theRyedale Festival Board.

 

 

 

The minutes of meetings of the Leisure Service Contract &Central Ryedale Sports Facility Programme Board held on 27 February2007 and 19 March 2007 (previously circulated) weresubmitted.

 

 

 

 

The minutes of a meeting of the Community Investment FundPanel held on 5 March 2007 were presented (previouslycirculated).

 

Councillor Knaggs referred to minute no. CIF.49 (Schedule ofApplications Considered by the Panel) part (i) of the resolutionand expressed disappointment that the Panel had not supported anapplication by the Ryedale Festival Trust for funding towards theirproject ‘Ryedale Festival in the Community’. Councillor Knaggssought clarification as to whether or not the scheme could befunded by alternative means.

 

The Chief Executive reported that, subject to Members’agreement, officers could explore the availability of funding forthe Ryedale Festival project through the Community Services GrantsScheme. However, Members were advised against overturning thePanel’s decision to refuse the Festival’s application.

 

The Chairman reminded Members that Ryedale Festival alreadyreceived some £25,000 by means of grant from the Council and thePanel had been of the opinion that the Festival could haveallocated some of that funding towards their project.

 

At its meeting held on 5 March, the Panel had considered 15applications for funding. There had been three schemes inparticular where the Panel would have preferred to award funding ata higher level than it had been possible to do so due to thelimited funding available for allocation at the meeting. Theopinion was expressed that in the event of the Policy &Resources Committee reconsidering the Panel’s decision to refusethe Festival’s application, then the funding allocated to theaforementioned three schemes should also be reconsidered.

 

It was moved and seconded that the minutes of the meeting ofthe Community Investment Fund Panel as submitted be endorsed.

 

 

The minutes of a meeting of the Community Engagement WorkingParty held on 3 April 2007 were presented (previouslycirculated).

 

 

 

 

The Building Conservation Officer submitted a comprehensivereport (previously circulated), which sought agreement on theapproach and future work programme relating to the designation andmanagement of conservation areas in Ryedale. The recommendedapproach was based on feedback provided at a recent Members’Briefing about the benefits of conservation area designation andalso took account of views expressed by the PlanningCommittee.

 

The report highlighted the importance of proceeding with aprogramme of conservation area designation, management andprotection. It also recognised the valuable input of Members’comments during the briefing and Planning Committee. Therecommendations in the report were not mutually exclusive, however,in order to ensure comprehensive protection of the built quality ofRyedale, Members were requested to endorse therecommendations.

 

Members welcomed the report and were of the opinion that therecommendations should be supported subject to paragraph 6.30 ofthe report being amended by the deletion in the penultimatesentence of the words ‘in a closed meeting’.

 

 

 

 

The Chairman of the Overview & Scrutiny Committee attendedthe meeting, by invitation of the Chairman, and presented theScrutiny Review of Value for Money, a copy of which was circulatedwith the agenda.

 

The Chairman of the Overview & Scrutiny Committee soughtMembers’ acceptance of the recommendations as detailed on pages 11and 12 of the review report.

 

Members welcomed the report and congratulated the Overview& Scrutiny Committee on its content and production. Memberswere of the opinion that it was important to focus ideas on valuefor money for the people of Ryedale and its communities. Thesuggestion of a joint meeting of the Overview & ScrutinyCommittee and the Policy & Resources Committee was supportedand it was suggested that this be pursued following the use of thetoolkit. However, with regard to the development of a Value forMoney Strategy, it was suggested that it was important to bear inmind the implications and impact on officer time.

 

 

 

 

The Chairman of the Overview & Scrutiny Committee attendedthe meeting, by invitation of the Chairman, and presented theScrutiny Review of Public Conveniences, a copy of which wascirculated prior to the meeting.

 

The report had been presented to the last meeting of theCommunity Services & Licensing Committee held on 5 April 2007.The Committee had endorsed the report and the recommendations,which were referred to the Policy & Resources Committee forconsideration with a recommendation that they be endorsed.

 

Following consideration of the report it was:

 

 

 

 

The Forward Planning & Economic Development Managersubmitted a report (previously circulated) the purpose of which wasto agree the Council’s request to the Secretary of State to extendthe saved status of policies in the Ryedale Local Plan.

 

In introducing the new planning system, the Planning andCompulsory Purchase Act 2004 provided for the automatic saving ofpolicies in adopted local, structure and unitary development plansfor a period of three years from the commencement date of the Act,28 September 2004.

 

Policies in plans adopted on or before this date would expireon 27 September 2007. If Local Planning Authorities wished toretain specified policies beyond this date then they needed toformally request an extension to the saved status of policies fromthe Secretary of State. Ultimately it would be the Secretary ofState who would determine the policies to be saved. These would beissued in the form of a formal direction to the Council.

 

The Ryedale Local Plan was adopted before 2004 and given thatit had not been replaced by new Development Plan Documents, theCouncil would have to seek an extension to the saved status ofpolicies in the plan.

 

The Selective Alteration to the Local Plan, which introducedthe revised affordable housing policy, was adopted after thecommencement of the Act in November 2004. Under the legislation,this policy only remains saved for three years from its adoptionand on that basis it was important that the policy was included inthe request to be saved.

 

The Government had produced a protocol to guide thepreparation of requests for extensions to saved policies. This setsout the procedures Local Authorities should follow and outlined theissues that the Government was to take into account in consideringrequests for extensions.

 

In terms of procedures, the Government had asked that requestsfor the saving of policies be submitted to the Government Officesby 1 April 2007. This was not, however, a statutory deadline andthe Government Office for Yorkshire and the Humber had confirmedthat this Council could formally submit its request following themeeting of this Committee.

 

Authorities have been asked to submit their requests to theSecretary of State in two distinct parts. A list of those policiesit wishes to see saved, together with a list of those it does notwish to save. Both lists should be accompanied with reasons.Details of which were appended to the report.

 

 

The Forward Planning & Economic Development Managersubmitted a report (previously circulated), which outlined theprogress made to date on the production of the Local DevelopmentFramework (LDF) and proposed an approach to taking work forward,including revisions to the Local Development Scheme (LDS).

 

Members were reminded that the Council had produced its CoreStrategy for the LDF in 2005. Following an Examination last summer,the document had been found unsound in a limited number of areas.Clearly, this verdict had consequences for the way in which work onthe LDF was progressed.

 

The timetable for the production of the LDF was outlined in aLocal Development Scheme. The District’s experience of the newplanning system over the past two years had meant that the currentLDS was no longer up to date. The Authority could only progress theproduction of local development documents that were outlined in anLDS. It was important therefore, that the scheme was updated androlled forward if the Council was to make progress in producing theLDF and if it was to keep stakeholders informed of itsintentions.

 

The report outlined the following:

 

 

 

 

 

The Forward Planning & Economic Development Managersubmitted a report (previously circulated), which outlined the keyissues arising in the NYMNPA consultation document and soughtagreement of this Council’s response to the consultation.

 

Members were reminded that the NYMNPA consulted on its CoreStrategy/Development Policies Preferred Options in April 2006. ThisCouncil considered the document and a response was forwarded.

 

The NYMNPA had revised the document as a result of commentsreceived in response to the Preferred Options consultation.However, they considered that the document had changedsignificantly and as a result a further round of consultation wasbeing undertaken prior to the submission of the document to theSecretary of state.

 

The report summarised the key changes to the document togetherwith proposed responses from this Council.

 

In considering the report, Members agreed the responses asoutlined subject to the response to the provision of housing beingamended by the addition of ‘That the NYMNPA needs to make clear onwhat basis it has drawn a distinction between long term letting andresidential use’.

 

 

 

 

The Performance Manager submitted the Audit Commission’sAnnual Audit and Inspection Letter (previously circulated).

 

The letter provided an overall summary of the AuditCommission’s assessment of the Council. It drew on the findings andconclusions from the audit and from any inspections that had beenundertaken in the last year. The letter included a review of howwell the Council had progressed (Direction of Travel report) andthe auditor assessment of how well the Council had managed itsfinances (the Use of Resources scores). These latter componentswere to be an important feature of any future decision regardingthe potential for a rescoring of the Council’s ComprehensivePerformance Assessment category.

 

Members welcomed the report and noted that the Council’sperformance, as measured by the Audit Commission basket ofindicators, had shown a significant improvement between 2004/05 and2005/06. The rate of improvement placed the Council in the top 25%of district councils.

 

Members were of the opinion that, particularly given theCounty Council’s bid for unitary status, a press release should beprepared publicising the Council’s achievements.

 

 

 

 

The Policy Manager submitted for approval the revisedEqualities Scheme 2006-2009 (previously circulated). Part 5 of theScheme “Gender Equality Scheme” was a new addition and Members wererequested to endorse the revised document.

 

 

 

 

The Policy Manager submitted the Imagine Ryedale Action Plans2007-2010 for endorsement (previously circulated).

 

The four aims and objectives selected by the Ryedale StrategicPartnership Board were:

 

 

 

 

The Cultural Services Manager submitted a report (previouslycirculated) the purpose of which was to raise awareness of theCouncil’s obligations regarding the welfare and safety of childrenand to seek agreement to implement the Safeguarding Children andChild Protection Procedures.

 

Section 11 of the Children Act 2004 placed a duty on Councilsto make arrangements to ensure that all services safeguarded andpromoted the welfare of children.

 

The Council also had a duty under section 10 of the ChildrenAct 2004 to co-operate with North Yorkshire County Council as theLead Authority in the development and delivery of children’s trustarrangements through the North Yorkshire Children and Young PeopleStrategic Partnership.

 

In its work with children and young people (and theirfamilies), the Council was required to take all reasonable measuresto ensure that risks of harm to children’s welfare wereminimised.

 

Where there were concerns about children or young people’swelfare the Council was required to take appropriate action toaddress these concerns, working to agreed local policies andprocedures in partnership with other agencies.

 

The purpose of these arrangements was to ensure that theCouncil fulfilled its statutory duties in all its services underSection 11 of the Children Act 2004 and that it developed andmaintained a culture that reflected its commitment to safeguard andpromote the welfare of children and young people.

 

 

 

 

1.  Notice of Motion Submitted Pursuant to CouncilProcedure Rule 11 (Part 4) of the Council Constitution

 

The following motion, proposed by Councillor Clark andseconded by Councillor Mrs Trevelyan, had been submitted to theordinary meeting of Council held on 8 March 2007. The motion wasreferred to the Policy & Resources Committee forconsideration:

 

“That this Council resolves to re-assess Tourism in relationto Ryedale. RDC to calculate the benefits and costs of having asuccessful Tourist industry in Ryedale.”

 

Following consideration of the motion it was agreed that noaction should be taken.

 

 

2.  Policy Statement on Flood Defence

 

The Property Manager submitted a report (previouslycirculated), which had been considered at the meeting of theCommunity Services & Licensing Committee held on 5 April 2007.The report sought approval of the updated version of the Council’sPolicy Statement on Flood Defence, a copy of which was appended tothe report. The Committee had resolved to endorse the report andreferred it to the Policy & Resources Committee forapproval.

 

In considering the revised document the Policy & ResourcesCommittee was of the opinion that paragraph 1.4 of the introductionshould include a note of the next review date.

 

 

 

 

The Performance Manager submitted a report (previouslycirculated), which sought approval of a new Corporate AssuranceFramework that linked the Council’s strategic objectives to risks,controls and assurances.

 

A copy of the Corporate Assurance Framework was appended tothe report. It was set out as a series of steps that built to meeteach of the objectives that provided assurance to the Council thatthe system of internal control was robust. Each step was made up ofexamples of assurance and detailed the current position of theCouncil, any action that was required to improve the level ofassurance currently provided, and identified the responsibleofficer or team tasked with ensuring the delivery of that area ofassurance and an agreed timescale for completion.

 

The Framework was to be subject to further development overtime and would be updated and monitored by the Overview &Scrutiny Committee on a half-yearly basis.

 

 

 

 

The following three items were considered as they were decidedby the Chairman to be urgent. Two of the items were consideredunder exempt information.

 

 

 

The Chief Executive submitted a report (circulated at themeeting), in connection with the District and Parish Elections2007. The report sought endorsement of the following action:

 

 

 

 

 

 

The Project delivery Officer submitted a report (previouslycirculated) the purpose of which was to update Members on thefindings of the ‘Ryedale Managed Workspace & Enterprise CentreStudy’ carried out by consultants on behalf of the Authority, andthe implications for the projects identified in the CapitalProgramme under the Malton Business Scheme. In addition, the reportsought endorsement of the recommended way forward.

 

 

NB Councillor Clark recorded his vote against the abovedecision.

 

 

 

The Planning Policy Manager submitted a report (previouslycirculated) in connection with the appointment of consultants toundertake the Malton Town Centre Renaissance & EnhancementStudy, which had been commissioned by the Council in partnershipwith Yorkshire Forward. The report outlined the action that hadbeen taken to date and sought authority to appointconsultants.

 

 

NB In accordance with the Members’ Code of Conduct CouncillorLegard declared a personal interest in the above item as he had aninterest in a retail premises in Malton.

 

 

 

The Asset Management Officer submitted a report (previouslycirculated), which outlined the current situation with regard tothe former Coal Yard Site at Vivis Lane, Pickering. Members werereminded that the site had previously been offered for sale in 2006when the Council had expressed an interest in its purchase. It wasunderstood that the successful bidder was not proceeding with thepurchase of the site and that this was to be re-marketed. The ChiefExecutive recommended that prior to considering the action to betaken, further information be sought and a progress report besubmitted to the Extraordinary Meeting of Council on 19 April2007.