Councillors Wainwright (in the Chair), Acomb, Mrs Burr, Keal, Knaggs, Legard and Maud.
Substitutes: Councillor Mrs Cowling (for Councillor Cottam), Councillor Hope (for Councillor Arnold)
By Invitation of the Chairman: Councillors Clark and Woodward
Overview & Scrutiny Committee Observers: Councillor Mrs Shields
T Anderson, S Copley, Miss P Craddock, P Cresswell, Mrs M Jackson, Ms L Lunn, Miss L Sandall,
Miss J Waggott, D Wheelwright and A Winship
368. Apology for Absence
Apologies for absence was received from Councillors Arnold, Aslett and Cottam.
310. Minutes of a meeting of the Policy & Resources Committee held on 4 December 2008
The Minutes of a meeting of the Policy & Resources Committee held on 4 December 2008 were submitted (previously circulated).
Resolved
That the minutes of a meeting of the Policy & Resources Committee held on 4 December 2008 be approved as a correct record and signed by the Chairman.
370. Urgent Business
The Chairman reported that there were two items to be considered at the meeting as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972. These related to a draft pledge produced by Local Government Yorkshire and Humber committing the region to supporting the local economy and an update on Malton Market Place car park.
371. Declarations of Interest
In accordance with the Members’ Code of Conduct the following declarations of interest were made:
Councillor Wainwright declared a personal non-prejudicial interest in agenda item 9 (Howardian Hills AONB Management Plan (2009-2014) – Consultation Draft) as the Council’s representative on the Howardian Hills AONB Management Board.
Councillors Acomb, Mrs Burr, Mrs Cowling, Hope and Keal declared personal non-prejudicial interests in agenda item 14 (Business Grants Scheme) as they were involved with businesses.
The following declaration of interest was also made in accordance with the Officers’ Code of Conduct:
Mrs M Jackson declared a personal non-prejudicial interest in agenda item 14 (Business Grants Scheme) as a relative was administering the scheme for Business Link.
372. Minutes of a Meeting of the Resources Working Party held on 18 December 2008
The minutes of a meeting of the Resources Working Party held on 18 December 2008 (PDF, 32k) were presented (previously circulated).
Resolved
That the minutes of a meeting of the Resources Working Party held on 18 December2008 be endorsed
373. Minutes of a Meeting of the Constitution Review Working Party held on 27 January 2009
The minutes of a meeting of the Constitution Review Working Party held on 27 January 2009 (PDF, 27k) were presented (previously circulated).
The Chief Executive provided an update in relation to the outstanding report on amending Council Procedure rules to enable the Chair of Overview and Scrutiny Committee to present a statement to Council Meetings, which was referred to in Minute No. CRWP.22
Resolved
That the minutes of a meeting of the Constitution Review Working Party held on 27 January 2009 be endorsed.
374. Items Referred from Council and/or Committees
There were no items referred from Council and/or Committees.
PART ‘A’ ITEMS - Matters to be dealt with under delegated powers or matters determined by Committee.
375. Non Domestic Rates Hardship Relief Fund
The Corporate Director (s151) submitted a report (previously circulated), which sought to establish a scheme for the Council to consider applications for hardship relief.
Members welcomed the proposals as a cost effective way of supporting local businesses and also appealed to landlords to exercise restraint in relation to rent increases.
The Chief Executive, whilst recognising that it was currently a very difficult time for businesses, drew attention to a number of recent “good news stories” in the area.
Councillor Keal proposed and Councillor Mrs Burr seconded the officer recommendations in the report, and on being put to the vote it was
Resolved
(i)That Non Domestic Rate Hardship Relief be approved when the following application criteria have been satisfied:
(a) the ratepayer is suffering hardship;
(b) it should be of benefit to the Council Taxpayers in general for relief to be granted;
(c) the granting of relief would assist in preventing the business going into liquidation;
(d) there are either social or economic implications for the area if the business ceases, e.g. loss of valuable local facility or loss of a substantial number of jobs;
(e) the hardship situation is seen to be a temporary one and not likely to be repeated year after year;
(ii)That the scheme be reviewed within 12 months.
376. Howardian Hills AONB Management Plan (2009-2014) – Consultation Draft
The Forward Planning Manager submitted a report (previously circulated), which informed Members of the publication of the consultation draft of the Howardian Hills AONB Management Plan 2009-2014 and sought agreement to the Council’s response.
Officers advised Members that the list of new objectives, referred to in paragraph 5.3 of the report, would be available on request after the meeting and that the Building Conservation Officer's comments that had been forwarded earlier were included as part of the formal response.
Members welcomed the draft Management Plan, highlighted the Council’s lead responsibility in the areas of planning, design and housing, and expressed the hope that the Plan would be rigorously enforced.
Councillor Knaggs proposed and Councillor Keal seconded the officer recommendation in the report, and on being put to the vote it was
Resolved
That the draft Management Plan be supported and the Council’s response, as outlined in section 5.6 of the report, be agreed.
377. Draft for Consultation – Helmsley Design Statement
The Forward Planning Manager submitted a report (previously circulated), which informed Members of the publication of the draft of the Helmsley Design Statement and sought agreement to the Council’s response.
Officers updated the recommendation to refer to sections 5.2-5.9 of the report.
Members welcomed the draft Design Statement.
Councillor Keal proposed and Councillor Acomb seconded the updated officer recommendation in the report.
Councillor Knaggs then proposed and Councillor Keal seconded an amendment to leave the second paragraph of section 6(b) of the draft Design Statement unaltered, so the final part of the second sentence read “…it is recommended that the future development of this area should be drawn together in a co-ordinated design brief”. On being put to the vote, this amendment was carried.
The amended motion was then put to the vote and it was
Resolved
That the Council’s response to the draft Helmsley Design Statement, as outlined in sections 5.2 to 5.9 of the report, be agreed, with the second paragraph of section 6(b) of the draft Design Statement remaining unaltered, so the final part of the second sentence reads “…it is recommended that the future development of this area should be drawn together in a co-ordinated design brief”.
378. Constitution Review Working Party - Substitutes
The Council’s Solicitor asked Members to consider whether substitutes should be appointed for the Constitution Review Working Party.
Councillor Knaggs proposed and Councillor Keal seconded a motion to agree that substitutes be appointed. On being put to the vote, this motion was carried and it was
Resolved
That it be agreed that substitutes be appointed for the Constitution Review Working Party as follows:
PART ‘B’ ITEMS - Matters referred to Council
379. Ryedale Local Development Scheme
The Forward Planning Manager submitted a report (previously circulated), which provided Members with an update on progress against the Local Development Scheme and suggested measures to assist the production of the Core Strategy. The report also summarised comments on the Local Development Scheme, which had been received from the Government Office and sought agreement to the Council’s response.
Officers clarified that the bullet point on “Economy, including tourism” in the list of specific topics/ policy issues at Annex 1 covered employment land, although this could be listed separately if Members wished.
Members noted that the bullet points in Annex 1 were not an exclusive list, highlighted the need for ambitious renewable energy and low carbon targets, and suggested the inclusion of rainwater harvesting and sustainability, including sustainable drainage and flood mitigation and protection.
Members highlighted the importance of Council being able to sit as a committee to make decisions on the LDF. Some concern was expressed that Member Briefings should not replace formal committee consideration and it was clarified that these Briefings were intended to inform and discuss various LDF policy issues.
Members also expressed the view that a serious overhaul of the planning policy system was required by central government to make processes less bureaucratic and time consuming, and queried the achievability of the tight timescales in the LDS.
Councillor Knaggs proposed and Councillor Legard seconded the officer recommendations in the report. On being put to the vote, it was
Resolved
The Policy & Resources Committee makes the following recommendations to Full Council:
(i)That the broad scope and content of the June 2009 consultation document, as outlined in Annex 1 of the report, be approved;
(ii)That as and when required, Full Council be used as a decision making committee in matters concerning the LDF/Core Strategy;
(iii)That the amendments to the Local Development Scheme (LDS) in accordance with paragraphs 5.12, 5.13 and 5.14 of the report be approved and the revised scheme be forwarded to the Government Office for Yorkshire and the Humber (GOYH) for approval.
380. Review of the Constitution – Arrangements for the Discharge of the Council’s Functions
The Chief Executive submitted a report (previously circulated), which considered proposals for changing arrangements for the discharge of the Council’s functions, including a revised Scheme of Committee Delegation and a new Scheme of Officer Delegation with Officer Scheme of Delegation Protocols.
The Chief Executive advised that the table at the start of Annex 1 should refer to Annexes 1.1, 1.2 and 1.3, rather than Annexes 2, 3 and 4.
With regards to the Terms of Reference for Planning Committee in Annex 1.3, some concern was expressed regarding the condition that the application be deferred to the next Planning Committee where so requested by the Head of Planning, where the Committee indicated that it was minded not to accept officers’ recommendations for approval. It was noted that this condition already existed in the Constitution and was rarely used, but did ensure that there was an opportunity to put forward proper planning reasons for refusal.
In relation to the Planning Committee Protocol in Annex 1.3, it was confirmed that the written request from Members to refer an application to Committee could be made by email.
Councillor Wainwright proposed and Councillor Knaggs seconded the officer recommendations in the report.
Councillor Knaggs then proposed and Councillor Legard seconded an amendment to delete paragraphs 1.2.7, 1.2.8 and 1.2.9 from the Delegations of Functions to Officers by the Council in Annex 1.3. These paragraphs related to review of officer decisions and Members expressed the view that there was no feasible way for them to access these decisions in order to use the review mechanism. On being put to the vote, this amendment was carried.
The amended motion was then put to the vote and it was
Resolved
The Policy & Resources Committee makes the following recommendations to Full Council:
(i)That the changes to the Council’s Constitution listed in Annex 1 of the report be adopted, with the exception of paragraphs 1.2.7, 1.2.8 and 1.2.9 of the Delegations of Functions to Officers by the Council in Annex 1.3;
(ii)That the Chief Executive be authorised to amend the Constitution accordingly.
381. Business Grant Scheme
The Business Liaison Manager submitted a report (previously circulated), which sought Member approval for the allocation of reserves to finance the Business Grant Scheme previously approved in principle and to agree the criteria upon which grants were awarded.
Officers updated the recommendation in the report to refer to LABGI funds, rather than the ICE fund.
Councillor Keal proposed and Councillor Mrs Cowling seconded the updated officer recommendations in the report.
Councillor Legard proposed and Councillor Keal seconded an amendment to the motion, so that it would read as follows:
“That the allocation of £100k from the LABGI funds, with the balance from the ICE fund, be approved for the provision of grants to start up and established businesses, with the grants having a time limit of 12 months, and in accordance with the criteria set out in Annex A of the report, with the following revisions:
(a) to limit the maximum grant to any one business to £5k;
(b) to make the main objective for awarding grants the retention of existing jobs, as well as creation of new jobs.”
On being put to the vote, the amendment was carried.
Councillor Knaggs then proposed and Councillor Keal seconded a further amendment to the criteria set out in Annex A of the report to extend the eligibility to include some of the normally excluded categories where innovation could be demonstrated and where the business was local and independently owned, as set out in Option 3 at paragraph 6.7 of the report. On being put the vote this amendment was also carried.
The motion, as twice amended, was then put to the vote and it was
Resolved
The Policy & Resources Committee makes the following recommendations to Full Council:
That the allocation of £100k from the LABGI funds, with the balance from the ICE fund, be approved for the provision of grants to start up and established businesses, with the grants having a time limit of 12 months, and in accordance with the criteria set out in Annex A of the report, with the following revisions:
(a) to limit the maximum grant to any one business to £5k;
(b) to make the main objective for awarding grants the retention of existing jobs, as well as creation of new jobs;
(c) to extend the eligibility to include some of the normally excluded categories where innovation can be demonstrated and where the business is local and independently owned, as set out in Option 3 at paragraph 6.7 of the report.
382. Local Code of Corporate Governance
The Council Solicitor submitted a report (previously circulated), which sought approval of a Local Code of Corporate Governance.
It was suggested that point (iii) of the Code should be reworded to begin, “All authorities should aim to meet the highest standards and…”.
Councillor Wainwright moved and Councillor Knaggs seconded the officer recommendations in the report. On being put to the vote, it was
Resolved
The Policy & Resources Committee makes the following recommendations to Full Council:
(i)That the Local Code of Corporate Governance be approved to establish it as the recognised Corporate Governance Framework of the Council;
(ii)That Officers be authorised to undertake an annual review of the Local Code of Corporate Governance to ensure it remains valid and representative of recommended good practice and the Council’s aims and commitments.
383. Exempt Information
Resolved
That under Section 100(4)(A) of the Local Government Act 1972 as amended the public be excluded from the meeting for the following items as there will be a likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act as amended as the information relates to the financial or business affairs of any particular person (other than the authority).
EXEMPT PART ‘A’ ITEMS - Matters to be dealt with under delegated powers or matters determined by Committee
384. Ryedale Indoor Bowls Club
The Chief Executive submitted a report (previously circulated), which made Members aware of difficulties of the Ryedale Indoor Bowls Club (RIBC) and the possible need to consider financial assistance in the coming year.
Members welcomed the work being undertaken with the RIBC.
Councillor Maud proposed and Councillor Keal seconded the officer recommendation in the report. On being put to the vote, it was
Resolved
That the financial difficulties and request from the RIBC be noted and that officers be asked to work in detail with the RIBC and evaluate their recovery plan and report back to a future meeting of the Committee.
EXEMPT PART ‘B’ ITEMS - Matters referred to Council
385. Application for Hardship Relief from Non Domestic Rates
The Corporate Director (s151) submitted a report (previously circulated), which asked Members to consider an application for hardship relief.
Members requested that the applicant employ Ryedale residents, although they recognised that this could not be a condition of the grant.
Councillor Knaggs proposed and Councillor Keal seconded the officer recommendation in the report. On being put to the vote, it was
Resolved
The Policy & Resources Committee makes the following recommendations to Full Council:
That the award of full non-domestic rates hardship relief for 2009/2010, to be financed from the ICE fund, be approved.
URGENT BUSINESS
386. Any Other Items which the Chairman Decides are Urgent
The following two items were considered as they were decided by the Chairman to be urgent by virtue of Section 100B(4)(b) of the Local Government Act 1972.
1. Draft pledge produced by Local Government Yorkshire and Humber committing the region to supporting the local economy.
A draft pledge produced by Local Government Yorkshire and Humber committing the region to supporting the local economy was circulated at the meeting.
Councillor Wainwright proposed and Councillor Keal seconded a motion that the Leader and Chief Executive be authorised to sign up to the pledge on behalf of the Council. On being put to the vote, this motion was carried and it was
Resolved
That the Leader and Chief Executive be authorised, on behalf of the Council, to sign up to the pledge produced by Local Government Yorkshire and Humber committing the region to supporting the local economy.
2. Update on Malton Market Place Car Park
The Chief Executive informed Members that the FitzWilliam Estate had decided to take back the lease for Malton Market Place Car Park and was considering offering free car parking for the town on the site.
It was reported that the Council’s rights under its tenancy would mitigate any financial loss in the first year. A full report would be brought to the Community Services & Licensing Committee for a decision when all of the relevant information was available.
Members highlighted the need to promptly obtain clear information from the FitzWilliam Estate and also requested that the Malton and Norton Ward Members be invited to the Committee meeting when the report was considered.