Councillors Wainwright (in the Chair), Acomb, Arnold, Mrs Burr, Knaggs and Legard.
Substitute: Councillor Jackson (for Councillor Maud)
By Invitation of the Chairman: Councillors Mrs Shields and Ms Warriner
Overview & Scrutiny Committee Observers: Councillors Andrews and Clark
T Anderson, Ms J Baldwin, Mrs L Carter, P Cresswell, G Housden, Mrs M Jackson,
J R Rudd, Mrs C Slater, Miss J Waggott and A Winship
309. Apology for Absence
Apologies for absence was received from Councillors Aslett, Cottam, Keal and Maud.
310. Minutes of a meeting of the Policy & Resources Committee held on 2 October 2008
It was noted that at the last meeting of Council held on 6 November 2008, the above minutes had been approved and adopted subject to Minute No. RWP.97 (Capital Programme) part (iii) of the resolution, of the meeting of the Resources Working Party held on 26 August 2008 (PDF, 34k) being amended and that part (iii) of the resolution be amended to read “That the proposed refurbishment works to the civic suite be submitted as a capital bid”.
Resolved
That it be noted that the minutes of a meeting of the Policy & Resources Committee held on 2 October 2008 were approved and adopted at a meeting of Council held on 6 November 2008, subject to Resources Working Party Minute No. 97 (Capital Programme) being amended and that part (iii) of the resolution be amended to read “That the proposed refurbishment works to the civic suite be submitted as a capital bid”.
311. Urgent Business
The Chairman reported that there were no 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.
312. Declarations of Interest
In accordance with the Members’ Code of Conduct the following declarations of interest were made:
Councillor Jackson declared a personal interest in item 14 (Community Governance Review) as he is a member of Norton Town Council.
Councillor Mrs Burr declared a personal interest in item 12 as the owner of businesses in Malton.
313. Minutes of a Meeting of the Resources Working Party held on 5 November 2008
The minutes of a meeting of the Resources Working Party held on 5 November 2008 (PDF, 41k) were presented.
Resolved
That the minutes of a meeting of the Resources Working Party held on 5 November 2008 be endorsed subject to the tenth paragraph of the preamble of Minute No. RWP.103 - Capital Bids - being amended to read, “Councillor Knaggs reported that the A64 improvement scheme (£2.5m) could only be funded by eliminating other major schemes or by borrowing. It was therefore suggested that the bid be retained as a currently unfunded bid.”
314. Minutes of a Meeting of the Constitution Review Working Party held on 19 November 2008
The minutes of a meeting of the Constitution Review Working Party held on 19 November 2008 (PDF, 28k) were presented.
Resolved
That the minutes of a meeting of the Constitution Review Working Party held on 19 November 2008 be endorsed.
NB Councillor Mrs Burr recorded her vote against the above decision.
PART ‘A’ ITEMS - Matters to be dealt with under delegated powers or matters determined by Committee.
315. Local Development Framework - Statement of Community Involvement
The Head of Planning submitted a report, which sought agreement to the inclusion of an addendum to the Statement of Community Involvement (SCI) to ensure the document could be read in the context of the new Planning Policy Statement 12 (PPS12) - Local Spatial Planning and this Council’s latest Local Development Scheme.
The Statement of Community Involvement was a statutory document produced as part of the Local Development Framework (LDF). It outlined how communities and stakeholders were to be engaged in the different stages of producing Local Development Framework documents. It was important that the document was entirely consistent with PPS12 to avoid any confusion in the production of the Local Development Framework.
Members were reminded that in 2008, the Government had published a revised version of Planning Policy Statement 12: Local Spatial Planning and revisions to the regulations that governed the production of Local Development Frameworks. Changes to the process of producing documents had been introduced in an attempt to speed up the production of LDF’s, details of which were given in the report.
Resolved
That the addendum to the Statement of Community Involvement as submitted be approved.
316. Draft Council Plan 2009/2013
The Head of Transformation submitted a report, which presented for comment the first draft of the aims and objectives in the revised Corporate Plan: the Ryedale Council Plan, a copy of which was appended to the report.
The Council had adopted the current Corporate Plan in February 2006 for the period 2006-2009. The document attached at Annex B to the report provided a progress report on the delivery of the Corporate Plan to date, in terms of actions delivered and performance levels achieved and a review of the baseline data. It was suggested that the draft plan, which included a draft set of priority aims, strategic objectives and key performance questions, with suggestions for possible priority actions and performance monitoring information be endorsed by this Committee as the basis for further consultation, with the proposal for the finalised new corporate plan, The Ryedale Council Plan 2009-13, to be submitted to Full Council in February 2009.
Resolved
That the draft aims and objectives as detailed in Annex A of the report be supported as a basis for wider consultation.
317. Treasury Management Monitoring Report
The Corporate Director (s151) submitted a report, which provided details of the treasury management activities for 2008/09 and an update on current investments in accordance with the CIPFA Code of Practice on Treasury Management (the Code).
The Corporate Director (s151) reported that the return on investments was well in excess of income estimated in the 2008/09 Budget. Despite the significant fall in interest rates in November 2008 the Council had fixed term deposit investments that were in excess of the Bank Base Rate, therefore the return in the return on the Council’s investments compared favourably with the estimated return.
There was much uncertainty about the financial crisis. However Officers were continuing to ensure that there was full compliance with the Council’s treasury management strategy and good practice.
The latest forecast from the Council’s Treasury Advisor Sector, was that the Monetary Policy Committee would reduce the Bank Rate to 2.5% in quarter 4 of 2008 before cutting rates to 1.75% in the first quarter of 2009. If Sector’s prediction was realised that this low level of interest rates would be sustained through the next financial year it would have a significant detrimental impact on the funding stream available to finance the Council’s Capital Programme.
Resolved
That the report be received and that the current investments and performance in 2008/09 be noted.
318. Policy & Resources Committee Terms of Reference
The Corporate Director submitted a report the purpose of which was to provide the Committee with re-drafted Committee Terms of Reference for comment, and to seek views on any amendments to be recommended to the Constitution Review Working Party.
The Community Services & Licensing Committee requested at its last meeting a re-drafted Terms of Reference in plain English, clearly stating the roles and responsibilities of the Committee. It was noted that the objective of the re-drafting was to make the Terms of Reference easily understandable and not to amend their actual scope.
For completeness the same exercise had been carried out with the Terms of Reference of Policy & Resources Committee, a copy of which was appended to the report.
In consideration of the Terms of Reference there may be amendments that Members may wish to make. It is suggested that any proposed amendments be submitted to the Constitution Working Party for consideration as part of the wider review of the Constitution. Any changes to levels of delegation would be picked up as part of a review of the Scheme of Delegation.
Members welcomed the re-drafted Terms of Reference and were of the opinion that they should be endorsed as submitted, with no recommendations being made to the Constitution Review Working Party regarding their amendment.
Resolved
That the Policy & Resources Committee Terms of Reference as submitted be endorsed.
319. Support for Local Businesses
The Head of Economy & Housing submitted a report, which sought support for a range of possible measures to assist the local economy in response to the current challenging economic climate.
In light of the current economic climate it is important that the Council took every reasonable opportunity to reduce pressure on local businesses.
In Ryedale one well-known family business had already closed and there were widespread reports of slow business trading and financial pressure. There had been fluctuations in the tourism bookings with a drop of 9% in August but an increase of 20% in the period from October to November compared to last year. Interestingly the Tourist Information Centres have taken more bookings across the entire region as people chose to holiday closer to home. Further data was not yet available to gauge overall activity in the tourism sector. The York and North Yorkshire Partnership Unit was currently producing a review of how the current climate was affecting the whole economy of North Yorkshire and this was to be circulated to all Members when completed.
There was little liquidity in the market to stimulate growth and although some banks were still ‘open’ for lending to small businesses, in reality it was difficult to access finance. The drop in interest rates had not yet had time to have any real effect, and not all Banks and Building Societies were passing on the benefits to the public. However the Government and others were actively progressing measures to help small businesses and economic activity, and Yorkshire Forward and Business Link were currently looking at ways to assist within this region (an overview of the Yorkshire Forward approach is set out in Annex C to the report).
In this type of economic climate it was usual to see a surge in start-ups although the survival rate was likely to be questionable with an anticipated one in three surviving over three years. Against this background the report considered means by which the Council could assist local businesses.
The report outlined the following measures:
In addition it was proposed that the Council developed additional information and support targeted at business regarding energy costs, working alongside partner organisations. It was also proposed that further promotion took place of the local Credit Union and the potential assistance available to local people.
The Committee welcomed the report and supported the measures outlined.
Resolved
That the following measures as outlined in the report be endorsed:
(a) To increase procurement from Ryedale businesses, wherever possible, via the approaches detailed within the report
(b) Verify and process all invoices for payment from Ryedale-based suppliers within 10 days of receipt
(c) Investigate further use of Business Rates - Hardship Relief, under Section 49 of the Local Government Finance Act 1988
(d) Support the introduction of a Business Grant Scheme as outlined in Annex B of the report.
NB In accordance with the Members’ Code of Conduct Councillor Mrs Burr declared a personal interest in the above item as the owner of businesses in Ryedale.
PART ‘B’ ITEMS - Matters referred to Council
320. Capital Bids
The Corporate Director (s151) submitted a report the purpose of which was to consider the bids received for inclusion in the capital programme.
Capital bids had been considered by the Resources Working Party at its meeting on 5 November. The Working Party recommended that the following schemes be included in the capital programme (Resources Working Party Minute No. RWP.103 refers):
|
Scheme |
Net Cost (£ 000) |
|
Private Sector Grants |
0 |
|
Milton Rooms |
520 |
|
Regeneration Schemes Pickering/Kirkbymoorside |
500 |
|
Malton Town Centre Physical Improvement Works |
185 |
|
ICT Strategy Provision |
980 |
|
Helmsley Sports |
500 |
|
Exception Sites land purchase fund |
100 |
|
Market Improvements |
25 |
|
Ryedale Folk Museum |
250 |
|
Property Condition Survey (programme) |
500 |
|
Derwent Pool Remodel Reception |
71 |
|
Public Conveniences Refurbishment |
120 |
|
Plastics Recycling – Roll out |
75 |
|
Delete 1 Economic development scheme from existing programme |
(1,300) |
|
TOTAL |
2,526 |
The Council operated a 4-year capital programme and the bids would in the main cover the period 2009/2010 to 2012/2013.
At the meeting of full Council held on 6 November 2008 Members had approved the consideration of the proposed refurbishment of the Civic Suite and associated rooms as a capital bid.
The review of Council Reserves was presented to the Policy & Resources Committee at its meeting on 2 October, which identified the sum of £2.5m as the maximum additional capital resources available that Members could consider to include within the capital programme without necessitating the need to borrow. This sum did not take into account the £200,000 recommended for the improvements to the civic suite.
Annex A to the report detailed the bids received including those recommended by the Resources Working Party and details of the scores attached to each. All bids had been scored in accordance with the Council’s approved methodology, including as an additional item a score for deliverability. This score represented the ease of delivery of the scheme taking into account issues such as stakeholder, legal, planning, site access etc.
Members were reminded that at the meeting of Council held on 6 November 2008, a bid for Malton Town Centre Improvement Works (Ryedale contribution of £185,000) had been approved in advance of other bids to enable works and funding to be secured and spent within the current financial year.
Members were requested to consider the bids, most of which were self explanatory, however further information was provided in the report on the following:
The Corporate Director (s151) reported that at the meeting of the Community Services & Licensing Committee held on 27 November 2008, consideration had been given to a report in connection with the development and implementation of a mortgage rescue scheme. Members of the Policy & Resources Committee had been provided with a copy of the report. The Community Services & Licensing Committee had resolved:
(a) That the Policy & Resources Committee be recommended to allocate a sum of £200,000 to support the development and implementation of a Mortgage Rescue Scheme. The detail of the Scheme to be agreed by Officers in consultation with the Chairman of the Community Services & Licensing Committee.
(b) That the government mortgage rescue scheme be pursued when details were made available.
Following consideration of the report the Committee endorsed the above recommendations.
With regard to the Civic Suite Refurbishment and Reception Works the Corporate Director (s151) reported that the civic suite refurbishment works had been estimated at £200,000, this included works to the fixtures and fittings as well as improvements to the sound system, which could lead to changes in the way information on meetings was presented. Also included in the bid was a provisional sum for works required around the reception area amounting to some £100,000. This was in line with previous decisions relating to a cashless office as well as improvements to customer contact facilities.
It was moved and seconded that an allocation of £300,000 be supported, upon being put to the vote the motion was carried.
Resolved
That Full Council be recommended to approve the changes to the Capital Programme, taking into account the schemes listed in the table above subject to the addition of allocations for the Mortgage Rescue Scheme of £200,000 and Civic Suite Refurbishment and Receptions Works of £300,000.
321. Community Governance Review
The Council Solicitor & Monitoring Officer submitted a report in connection with a request received from Malton Town Council and Norton-on-Derwent Town Council that the District Council undertakes a Community Governance Review (CGR) in respect of the existing parishes of Malton and Norton-on-Derwent with a view to establishing a single Town Council.
The Council Solicitor & Monitoring Officer reported that a Community Governance Review was a review of the whole or part of the principal Council’s area for the purpose of making recommendations with regard to creating, merging or abolishing parishes, the naming of parishes, the electoral arrangements for parishes and grouping arrangements for parishes.
The Council Solicitor & Monitoring Officer had given advice to the Malton Town Clerk on the issue of the proposed amalgamation and extracts of that advice were included in the report.
A CGR may be precipitated in one of the following two ways:
An outline of the law relating to CGRs and Community Governance Petitions was included at Annex 2 to the report.
The District Council had not received a Community Governance Petition and accordingly did not have a statutory duty to conduct a CGR. The Council had discretion as to whether or not to conduct a CGR.
The scope of the report was therefore to consider whether or not the District Council should exercise its statutory discretion to undertake a CGR as requested by Malton and Norton-on-Derwent Town Councils.
Members expressed concern regarding the potential financial implications of undertaking a Community Governance Review and were of the opinion that the Council should await the receipt of a Community Governance Petition before considering undertaking a review in relation to Malton and Norton-on-Derwent.
Resolved
(a) That the Council formally acknowledges receipt of the request from Malton Town Council and Norton-on-Derwent Town Council to undertake a Community Governance Review
(b) That full Council be recommended to await receipt of a Community Governance Petition before considering undertaking a Community Governance Review in relation to Malton and Norton-on-Derwent.
NB In accordance with the Members’ Code of Conduct Councillor Jackson declared a personal interest in the above item, as he is a Norton Town Councillor.
322. Non Statutory Fees and Charges 2009/2010
The Head of Planning submitted a report the purpose of which was to seek support for the proposed fees and charges for Land Charges and to agree charges for discretionary services in Development Management from 1 April 2009.
The Head of Planning reported that through the current budget review process, the Council had identified potential additional income sources. The Local Government Act 2003, which came into force in November 2003, enabled best value authorities to charge for discretionary services. It was proposed that the following discretionary charges be introduced:
Pre-Application Advice
It was estimated that the Development Management Unit received in excess of 500 pre-application enquiries each year. These enquiries required advice, professional opinion and often a site visit before a written response could be given. It was proposed that flat rate charges be introduced as follows:
In the event that the current level of requests was maintained the service was estimate to generate some £25,000 - £30,000 per year.
Development Enquiry Form (Do I Need Planning Permission)
Approximately some 400 such enquiries were received each year. It was proposed that a nominal flat rate charge be introduced of £25.00. Assuming the current level of enquiries was maintained this would generate some £10,000 per year.
Land Charge Fees
A schedule of proposed charges was appended to the report.
Resolved
That full Council be recommended to approve the following fees and charges to be implemented with effect from 1 April 2009:
(a) The introduction of the following fees for Pre-Application Advice
(i) Letter requiring history investigation, professional opinion - £50.00
(ii) As above but with site inspection - £70.00
(b) The introduction of a flat rate charge of £25.00 for Development Enquiries (Do I Need Planning Permission)
(c) The schedule of Local Land Charge Fees as detailed in Annex A below to these minutes.
Annex A
Local Land Charge Fees
Fees for Official Land Charge Certificate
The Local Land Charge Search fees that will come into effect on the 1st April 2009.
|
|
£ |
|
Outside the National Park |
|
|
LLC1 – Official Search in the Register |
8.20 |
|
Standard Search (Forms LLC1 & Con29(R) received manually by DX/Post/Hand |
82.70 |
|
Standard Search (Forms LLC1 & Con29(R) received electronically via the National Land Information Service (NLIS) hub |
66.30 |
|
Con29(R) “Required” Enquiries received manually by DX/Post/Hand |
74.50 |
|
Con29(R) “Required” Enquiries received electronically via the National Land Information Service (NLIS) hub |
58.10 |
|
Con 29(O) “Optional” Enquiries (per enquiry) |
|
|
Q4-Q21 |
17.00 |
|
Q22/CR21 |
17.00 |
|
Each additional parcel |
15.00 |
|
Inside the National Park |
|
|
LLC1 – Official Search in the Register |
17.00 |
|
Standard Search (Forms LLC1 & Con29(R) received manually by DX/Post/Hand |
97.90 |
|
Standard Search (Forms LLC1 & Con29(R) received electronically via the National Land Information Service (NLIS) hub |
81.60 |
|
Con29(R) “Required” Enquiries received manually by DX/Post/Hand |
82.60 |
|
Con29(R) “Required” Enquiries received electronically via the National Land Information Service (NLIS) hub |
66.30 |
|
Con 29(O) “Optional” Enquiries (per enquiry) |
|
|
Q5; Q10; Q11; Q19; Q20 |
17.00 |
|
Q4; Q6-9; Q12-18; Q21 |
17.00 |
|
Q22/CR21 |
17.00 |
|
Each additional parcel |
15.00 |
|
Any other additional enquiry (excluding highways) |
17.00 |
|
|
|
|
Any other additional enquiry (including National Park planning) |
17.00 |
|
|
|
|
Personal Search |
11.00 |
|
|
|
|
Cancellation of a search |
35.70 |
|
|
|
|
Supplying copy searches |
15.30 |
|
|
|
|
Supplying copy agreements (other than S106 agreements) |
15.30 |
|
|
|
|
Supplying copy S106 agreements |
|
|
Small |
15.30 |
|
Large |
20.40 |
|
|
|
|
Supplying copy planning decisions (per decision) |
5.10 |