Thursday, 6 December 2007
Ryedale House, Malton
Present
Councillors Wainwright (in the Chair), Acomb, Andrews, Arnold,Aslett, Mrs Burr, Cottam, Keal, Knaggs and Legard
By Invitation of the Chairman: Councillors Mrs Arnold, Clark,Maud and Mrs Shields
Observing on behalf of the Overview & Scrutiny Committee -Councillors Ms Warriner and Windress
In Attendance
Ms J Baldwin, Mrs L Carter, Mrs M Jackson, J Patten, J Rudd, DSummers, Mrs J Thompson, Miss J Waggott and A Winship
Mr L Chapman - North Yorkshire Building ControlPartnership
Minutes
337. Minutes
The minutes of a meeting of the Policy & ResourcesCommittee held on
4 October 2007 were submitted (previouslycirculated).
Resolved
That the minutes of a meeting of thePolicy & Resources Committee held on 2 August 2007 be approvedand signed by the Chairman as a correct record.
338. Urgent Business
The Chairman reported that there was one item, 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. The item related to the recently issued national leaguetables for recycling and it was considered necessary to report theresults to the Committee.
National League Tables for Recycling
The Chairman congratulated Commercial Services on achievingthird in the country in relation to recycling rates for gardenwaste and fifth in the country for overall recycling rates out of394 Councils.
339. Declarations of Interest
The following declarations of interest were received:
Item 12 (Draft Derwent Catchment Flood Management Plan)Councillors Andrews declared a personal interest as arepresentative on the Rye Internal Drainage Board, Councillor Acombdeclared a personal interest as a representative on the ThorntonInternal Drainage Board. Councillor Maud, attending the meeting byinvitation of the Chairman, declared a personal interest in theitem as an Internal Drainage Board member. Councillor Keal declareda personal interest as his wife; Councillor Mrs Keal is anEnvironment Agency employee.
Councillor Wainwright declared a personal and prejudicialinterest as the Vice Chairman of the Rye Internal Drainage Boardand also as he farms land likely to flood.
340. Resources Working Party - 30 October 2007 and 27November 2007
The minutes of meetings of the Resources Working Party held on
30 October2007 (PDF, 13k) and
27 November2007 (PDF, 13k) were presented (previously circulated).
In response to a question from Councillor Andrews inconnection with Minute No. RWP.69 - Dry Sports Facility, Malton -the Chairman reported for information that a Special Meeting of thePolicy & Resources Committee was to be arranged and all Membersof the Council would be invited to attend.
Resolved
That the minutes of meetings of theResources Working Party held on 30 October 2007 and 27 November2007 as submitted be endorsed.
The minutes of a meeting of the Senior Management ContractsWorking Party held on 5 December 2007 were submitted (circulated atthe meeting).
The Chairman reported that the minutes of the reconvenedmeeting held earlier in the day were to be submitted to a futuremeeting.
Resolved
That the minutes of a meeting of theSenior Management Contracts Working Party held on 5 December 2007as submitted be endorsed.
342. Regional Spatial Strategy
The Forward Planning & Economic Development Managersubmitted a report (previously circulated) the purpose of which wasto consider the latest Draft Regional Spatial Strategy forYorkshire and the Humber (incorporating proposed changes by theSecretary of State) and its implications for Ryedale, and to agreethe Council’s response.
The RSS formed part of the development plan for Ryedale, andboth the Council’s Local Development Framework and planningdecisions needed to be in general conformity with it. The RSS wasnow at an advanced stage and should be given substantial weight inthe decision making process.
The structure of the document was split into three broadareas: the Core Approach, 7 sub-areas and 4 topic areas (economy,housing, transport and the environment). Ryedale fell within twosub-areas: ‘York’ which largely covered southern Ryedale includingMalton and Norton, and ‘Remoter Rural’ which covered the more ruralnorthern Ryedale. Details of which were outlined in the reporttogether with the comments as agreed on the draft RSS, as agreed bythe Policy & Resources Committee at its meeting in February2006.
The RSS was a substantial document covering over 200 pages. Itwas not appropriate to report all of the detail contained withinit, but rather to focus on the key changes to RSS made since thelast consultation on the Draft RSS that directly relate to thisDistrict.
The Forward Planning & Economic Development Managerreported that whilst there was much to support within the draftRSS, including the approaches to the York sub area and toaffordable housing, there were several areas of concern, not leastof which were the reduced housing numbers for Ryedale. It wasconsidered essential that the Council sought to amend these keyaspects of the RSS before it was finalised.
The Leader of the Council reported that he had attended aRegional Assembly meeting earlier in the day where considerationhad been given to the formulation of a response. Councillor Knaggsreported on the principal outcomes from the meeting, thesewere:
- It was considered that the higher housing requirements shouldbe introduced in 2011 and not 2008 as suggested by theGovernment
- The Regional Assembly supported higher rates of house buildingfor Hambleton, Craven and Ryedale. In the case of Ryedale it wassuggested that this should be 230 per year as it was consideredthat this would ensure the delivery of affordable housing and asuitable housing mix.
- Concern was expressed about wider infrastructure investment.There were significant needs for further investment in affordablehousing and in social, green and transport infrastructure
- The Assembly proposed to seek reinstatement of both the climatechange and micro generation targets
- Support was expressed for phased changes in regard to transportto give an increased emphasis on road pricing
In considering the report the Committee was of the opinionthat the Council’s response should include reference to Policy ENV5stating that at least 10% of energy within all new housingdevelopment and large industrial development should come from onsite renewable provision.
Resolved
That, subject to the addition of the abovecomment relating to ENV5, the comments outlined in the report beforwarded as this Council’s response to the draft Regional SpatialStrategy (incorporating proposed changes by the Secretary ofState).
343. Ryedale Local Development Framework: CoreStrategy Consultation
The Forward Planning & Economic Development Managersubmitted a report (previously circulated), which outlined thecomments received as part of the latest LDF Core Strategyconsultation and sought agreement to take account of the commentsin further work on the Ryedale LDF. Issues raised in theconsultation affected the strategic approach to the Ryedale LDF andthe report was intrinsically linked to the Ryedale LDF & LocalDevelopment Scheme report that was also on the agenda. The tworeports were to be presented together as the issues raised in thereport were amongst the factors that influenced the future approachto the Ryedale LDF and LDS.
Members were reminded that during July and August 2007, theCouncil had undertaken consultation to help inform the productionof a revised Core Strategy.
The consultation had been undertaken at a time when itappeared that the LDF Core Strategy could be resubmitted forexamination relatively quickly.
A separate report (Ryedale LDF & Local Development Scheme)on this agenda proposed, for a number of reasons, that the Councilreconsiders the way in which it delivers the Local DevelopmentFramework (LDF). Against this background, this report only seeks toinform members of the responses received during the consultationand did not set out specific policy responses. The commentsreceived were then to be used in conjunction with the finalised RSSand responses to future detailed site-specific consultation, toinform revisions to the strategy at a later stage.
The consultation generated a good response, with 68people/organisations submitting comments. Annex 1 of the reportsummarised of all of the comments received. A larger documentsummarising the comments made by individuals/organisations wasavailable in the Members Lounge or electronically, on request. Thereport outlined the key issues arising from the consultation,together with officer comments where appropriate.
Resolved
That the comments received through the LDFConsultation be noted and that they be taken into account at therelevant stages in the production of the Ryedale LDF.
344. Local Development Scheme
The Forward Planning & Economic Development Managersubmitted a report (previously circulated) the purpose of which wasto agree a revised approach to the delivery of the LocalDevelopment Framework (LDF) and the Local Development Scheme (LDS),and the three-year project plan for the delivery of the LDF.
At the April 2007 meeting of the Committee, Members agreed keyrevisions to the existing Local Development Scheme. Central to thiswas the prioritisation of work to enable the resubmission of theCore Strategy, following the ‘unsound’ verdict in January 2007. Thescheme also scheduled work on three other Development PlanDocuments and one Supplementary Planning Document:
- Housing Delivery DPD
- Employment Land Allocations DPD
- Malton and Norton Action Area Plan DPD
- Developer Contributions for strategic transport infrastructureSPD.
- The LDS also listed a range of development plan andsupplementary documents that will be produced in the future.
The revised Local Development Scheme was submitted to the GOYHearlier in the year although it was currently subject to a holdingdirection and had not been brought into effect. Concerns wereraised that the proposed examinations were scheduled too closetogether and the Authority was asked to look further at this. TheGOYH was itself under pressure to ensure that realistic, revisedLDS’s were put in place and had requested that Ryedale submit arevised LDS as soon as possible. The GOYH had stated that anyrevised LDS must represent a definitive programme, which would onlybe changed in exceptional circumstances.
It was now three years since the introduction of the newsystem and Members will be aware that the transition to new LDF’shad been far from smooth. The role and content of differentdocuments had been continually shaped through the examinationprocess and, in such a process orientated system, it had proveddifficult for Authorities to respond quickly to changingexpectations. Nationally, progress in the production of LDF’s hadbeen very slow and, in many respects the content of LDF’s and theroles of different documents appeared to be evolving in a directionthat was not originally envisaged when the system wasintroduced.
In particular, it was considered that the following morerecent issues demanded a fundamental rethink of the production ofthe LDF. These related to:
- The National Housing Agenda
- Proposed Changes to the Regional Spatial Strategy
- The relationship between the Core Strategy and landallocations
- Increased Examination Costs
details of which were outlined in the report.
The Leader of the Council referred to the proposed timetablefor the production of the Core Strategy and requested that officersconsider the feasibility and costs involved in accelerating theprocess. The Chief Executive reported that details would bepresented to a future meeting of the Committee.
Resolved
That the revised approach to the deliveryof the Local Development Framework and Local Development Scheme asoutlined in the report be endorsed.
345. Planning Delivery Grant Expenditure Award for2007/08
The Development Control Manager and the Forward Planning &Economic Development Manager submitted a report (previouslycirculated), which sought endorsement of the proposed expenditureof the Planning Delivery Grant awarded to Ryedale for 2007/08onwards. In addition, Members were informed that changes were to bemade to the Planning Delivery Grant regime.
The proposed expenditure areas had been identified by theDevelopment Control Manager and Forward Planning Manager. These hadbeen prioritised against the anticipated future Grant awardcriteria and key areas affecting the Council’s activities includinglegislative/statutory requirements, external auditing throughCPA/Best Value Inspector regimes and the Council’s priorities asexpressed in the Council’s Community Plan, Corporate Plan, ServiceDelivery Plans and Risk Management Plans.
Due to the considerable financial importance of the PDG, eachproject had also been assessed with scores weighted to reflecttheir relevance in meeting forthcoming Planning Delivery Grantaward. The legislation and statutory measures now included therecently published National Indicators (NIs). Due to the importanceof affordable housing in terms of corporate priorities and localcircumstances, measures that would assist delivery of affordableunits were given a double weighting.
The report included a matrix for 2007/8, which as in previousyears listed the ranked projects/areas of expenditure. The totalspend was not to exceed £241,000 (comprised of this year’s amountand uncommitted funds from 2006/7).
Resolved
That the proposed allocation of PlanningDelivery Grant for 2007/08 onwards as outlined in Annex A of thereport be endorsed.
346. Budget Strategy
The Interim Chief Financial Officer reported for informationthat notification of the Council’s Rate Support Grant award hadbeen received earlier in the day. The Council had been awarded +3%for each of the next three financial years.
A more detailed analysis of the award was to be submitted tothe next meeting of the Committee.
Resolved
That the report be noted.
347. Review of Fees and Charges
The Interim Chief Financial Officer submitted a report(previously circulated) the purpose of which was to set thenon-statutory fees and charges operative from 1 April 2008.
The report summarised the proposed increases to Council feesand charges relating to this Committee. The full details ofindividual charges had previously been circulated to Members. Thenon-statutory fees and charges have been reviewed in conjunctionwith the Council’s Budget Strategy for 2008/09. Charges have beenset at a rate to increase income for 2008/09 budget. It wasrecommended that these be approved with effect from 1 April2008
In all cases the maximum increase had been recommended takinginto account competition and other market forces. The changes tovarious fees and charges for the following services wererecommended:
Local Land Charges
Room Hire - Ryedale House
Resolved
That the recommended charges for thefinancial year 2008/09 as set out in the report be approved.
348. Draft River Derwent Catchment Flood ManagementPlan Consultation
The Property Manager submitted a report (previouslycirculated) the purpose of which was to outline the key elements ofthe Environment Agency’s River Derwent Catchment Flood ManagementPlan and to seek agreement of the Council’s response to theconsultation.
The Environment Agency had given two local presentationsregarding the Flood Management Plan, firstly to the Land DrainageLiaison Group on 2 October 2007, and secondly to a Member Briefingon 30 October 2007.
A draft response was appended to the report for Members’consideration. Members endorsed the response subject to paragraph5.10 being amended by the addition of the word ‘removing’ beforethe word ‘gripping’.
Resolved
That, subject to the above amendment, theresponse as submitted be endorsed.
| NB 1. | Councillor Kealdeclared a personal interest in the above item as his wife,Councillor Mrs Keal, is an Environment Agency employee. |
| NB 2. | CouncillorsAndrews, Acomb and Maud declared personal interests in the aboveitem as Internal Drainage Board representatives. |
| NB 3. | CouncillorWainwright, having declared a personal and prejudicial interest inthe above item as the Vice Chairman of the Rye Internal DrainageBoard and as he farms land liable to flood, withdrew from themeeting during consideration of the item. Councillor Legard, ViceChairman of the Committee, took the Chair for the item. |
349. Post Office Network Change Programme -Consultation
The Corporate Director submitted a report (previouslycirculated) the purpose of which was to advise Members in respectof the Post Office Network Change Programme and to seek approval ofthe response to the consultation process.
In May 2007 the government had announced a range of measuresto ‘modernise and reshape’ the post office network. Theannouncement outlining the effects on Ryedale had been made on the27 November 2007. A consultation paper had been issued “Post OfficeLtd. Network Change Programme - Area Plan Proposal for NorthYorkshire with Yorkshire East and Keighley.” A copy of the fullproposal, including a further report, was available from thefollowing website: http://www.postoffice.co.uk/portal/po/home underthe section Network Change (Current Public Consultations).
Rural Post Offices were an important factor in thesustainability of village communities. A seminar jointly convenedby the LGA Urban and Rural Commissions had been held in October2007 to debate the proposed closures. A report by the Chairman ofCouncil outlining the outcomes of the seminar was appended to thereport.
The Council had an opportunity to make its views known as partof the consultation and it was suggested that this took place as amatter of urgency. It was also suggested that the Council continuedto work with local partners including the County Council to developalternative provisions in order to be prepared for any closuresresulting from the Network Change Programme.
The Corporate Director reported that Post Office closures hadbeen raised under urgent business at the last meeting of theCommunity Services & Licensing Committee. Members expressedconcern regarding the closures and were of the opinion that theproposed closures were an abuse of Ryedale’s rural communities andrural life and called upon Post Office Ltd to revoke itsdecision.
Members endorsed the views of the Community Services &Licensing Committee and expressed concern regarding the proposedclosures and the impact on rural communities and the implicationsfor other facilities such as village shops. It was suggested thatthe Council host a public meeting to enable an assessment to bemade of public response to the proposals.
The Leader of the Council suggested that the Council shouldcontinue to work with the North Yorkshire County Council withregard to the adoption of a strategic approach and to examinealternative methods of service delivery.
Resolved
(a) That this Council responds directly tothe consultation outlining a strong case for the retention of ruralpost offices in this District emphasising, with the support ofanecdotal evidence, the disproportionate impact of closures on theWolds villages.
(b) That this Council continues to workwith the County Council in relation to the development of pilotprojects for the alternative provision of services in the eventthat post office services are withdrawn.
(c) That this Council extends aninvitation to the Network Development Manager, the relevantPostwatch Services and members of the public to attend a meeting tohear representations on the effect of the proposed closures.
350. The Natural Environment and Rural Communities Act2006
The Countryside Officer submitted a report (previouslycirculated), which outlined the duty for local authorities includedwithin the Natural Environment and Rural Communities Act 2006(NERC) and set out the implications for this Council. In addition,the report sought endorsement of the Council’s current and plannedactivities in response to the NERC Act including the coordinationand monitoring of the Council’s policy and delivery response via amulti-disciplinary Officer team.
The NERC Act recognised that public authorities had a key roleto play in conserving biodiversity through their work in:developing and implementing external and internal policies andstrategies; administering the planning system; managing land andbuildings; developing infrastructure; engaging with business andthe public; promoting the local area; making decisions aboutprocurement; and implementing economic, environmental and socialprogrammes.
It was stressed that biodiversity conservation should not beviewed solely as an environmental issue, but a core component ofsustainable development, which underpinned economic development andprosperity and offered a range of quality of life benefits across arange of local authority service areas.
Guidance had been produced by Defra (Guidance for LocalAuthorities on Implementing the Biodiversity Duty May 2007) toassist local authorities in fulfilling this new duty; an ExecutiveSummary was included in the report.
The new duty required local authorities to take account ofbiodiversity issues in the decision-making process. It alsorequired local authorities to not only protect but also restore andenhance biodiversity.
With regard to Ryedale DC activities, the NERC Act is ofparticular relevance to:
• Local Policies and Strategies.
• Management of Local Authority controlled land andbuildings.
• Planning, infrastructure and development.
• Community engagement involving education, advice andawareness.
This Council had already begun to meet its duty in regard tothe Act through the formation of a multi-disciplinary team ofOfficers. This team had identified a range of current DistrictCouncil activities that contributed to meeting the biodiversityduty. The Officer group had also identified a range of plannedactivities to ensure that the Council met its duty under this Act.In almost all cases, the planned duties did not have revenueimplications and could be undertaken through existing budgetsthrough a variation of current approach. Subject to Members’endorsement of the suggested approach, the officer group was tolead the implementation and coordination of the current and plannedactivities. The report also identified a number of potentialactions to be undertaken by the Officer Group alongside a review ofthe planned measures that had revenue implications.
Resolved
(a) That the new biodiversity Duty forLocal Authorities introduced through the Natural Environment &Rural Communities Act 2006 be noted.
(b) That the current and plannedactivities identified in the report (other than those withbudgetary implications) including the ongoing co-ordination andmaintenance of an appropriate District Council response through amulti-disciplinary Officer team be endorsed.
351. NYCC Minerals and Waste Development Framework- Site Allocation Preferred Options
The Forward Planning & Economic Development Managersubmitted a report (previously circulated) the purpose of which wasto consider the sites proposed in the Minerals and Waste PreferredOptions consultation documents and to agree this Council’sresponse.
The County Council was in the process of producing a newMinerals and Waste Development Framework to replace the existingMinerals and Waste Local Plans.
Members were reminded that at its August 2007 meeting theCommittee considered an initial consultation document and agreedthis Council’s response. The document included all of the Mineralsand Waste sites that had been put forward by landowners/developersfor NYCC to consider as future allocations.
At the initial consultation stage, three minerals sites andthree waste sites were proposed within Ryedale. These were:
Minerals Sites – extensions to:
Newbridge Quarry; Settrington Quarry; Whitewall Quarry.
Waste (transfer) Sites
Norton Grove Industrial Estate; Whitewall Quarry; KnaptonQuarry.
In providing an initial response to these sites thisCouncil:
- Did not object in principle to the proposed extension of theSettrington and Newbridge quarries.
- Expressed concerns about the landscape impact which result fromthe proposed expansion of the Whitewall Quarry.
- Expressed concerns that the proposed waste transfer sites atKnapton and Whitewall quarries would result in the introduction ofintensified industrial activity into the open countryside.
- Expressed qualified support for the location of a wastetransfer station at Norton Grove.
NYCC had now selected its preferred site options and thesewere the subject of the current consultation. Comments are requiredby 24th December 2007. The report outlined proposed Councilresponses.
Resolved
That the report be accepted and that theproposed responses as outlined therein be endorsed.
352. Cycle Stands - Market Towns
The Property Manager submitted a report, which sought Members’views on the provision of cycle stands in market towns. Memberswere reminded that the matter had been raised at the last meetingof Council when it had been agreed that a report would be submittedto the Policy & Resources Committee.
The report set out the aims and objectives to be delivered.Progress had been made with Sustrans, the sustainable transportcharity in delivering elements of the National Cycling Network andin providing lockable cycle lockers at transportinterchanges.
The intention was to introduce further initiatives throughService Centre Transportation Strategies (SCTS). At the presenttime the Helmsley/Kirkbymoorside SCTS was open for consultation,with Malton/Norton following in February/March 2008 and Pickeringthereafter.
The Property Manager reported that whilst the HighwayAuthority could progress the provision of cycle stands on thehighway; they would have difficulty progressing schemes on landthat was not under their control. The aim of the SCTS process wasto prioritise schemes for each area then allocate funding. Theprioritisation process would result in some schemes beingprogressed and others in the ranking being delayed.
Resolved
That the Council engages with NorthYorkshire County Council with regard to the provision of cyclestands in Malton, Norton, Pickering, Kirkbymoorside andHelmsley.
353. Comprehensive Spending Review 2007
The Interim Chief Financial Officer submitted a report(previously circulated) the purpose of which was to inform Membersof the potential implications and impacts of the recentComprehensive Spending Review 2007 (CSR07), on the Council’sservices and functions.
The government published the CRS07 on 9 October 2007. Thereview outlined the government’s medium term financial plan forpublic services including local government.
The report outlined the main issues arising out of the CSR07and included the response from the LGA together with any localimplications as identified at the present time.
Resolved
That the report be received.
354. Items Referred from Council and/orCommittees
There were no referred items.
355. Exempt Information
Resolved
That under Section 100(A)(4) of the LocalGovernment Act 1972 the public be excluded from the meeting for thefollowing items as there will be a likely disclosure of exemptinformation as defined in paragraph 3 of Schedule 12A of the Act asthe information relates to the financial or business affairs of anyparticular person (including the authority holding thatinformation).
356. Land Disposals to Facilitate Affordable HousingDevelopment
The above item was withdrawn.
357. North Yorkshire Building Control - PartnershipExpansion
The Building Control Manager submitted a report (previouslycirculated), which sought approval for the expansion of the NorthYorkshire Building Control Partnership to include ScarboroughBorough Council Building Control.
The Partnership had examined options for expansion given thechanging and competitive environment in which it operated. Over thepast twelve months discussions had taken place with HambletonDistrict Council and Scarborough Borough Council to investigate thebenefits of an amalgamation. Hambleton District Council hadformally jointed the partnership on 1 September 2007, and it wasproposed that Scarborough Borough Council joint the partnershipwith effect from 1 April 2008.
Resolved
(a) That with effect from 1 April 2008 theNorth Yorkshire Building Control Partnership enters into formaljoint working arrangements with Scarborough Borough Council.
(b) That with effect from 1 April 2008 allBuilding Control staff from Scarborough Borough Council formallytransfer to Ryedale District Council, being the host authority,under the Transfer of Undertakings (Protection of Employment)Regulations 2006.
(c) That a revised reserve balance of£100,000 be established from 1 April 2008 and any monies in excessof this figure for each financial year be returned to each PartnerAuthority as an equal share and the balance to remain at this valueshould other Councils join the Partnership.
NB Councillor Mrs Burr declared a personalinterest in the above item as a user of the service.
358. Write-Off of Accounts
The Revenues Manager submitted lists (circulated at themeeting) of outstanding Council Tax, Business Rates and HousingBenefits Overpayments. Authority was sought to write off theindividual amounts as irrecoverable.
Resolved
That the report be received and that theRevenues Manager be authorised to write-off the individual amountsof Council Tax, Business Rates and Housing Benefit Overpayments asirrecoverable.