Agenda and minutes

Apologies for absence were received from Councillors Keal and Windress.

There were no public questions.

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 9 July 2015.

The minutes of the Ordinary Meeting of Council held on 9 July 2015 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 9 July 2015 be approved and signed by the Chairman as a correct record.

To receive notice of any urgent business which the Chairman considers should be dealt with at the meeting as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972.

There were no items of urgent business which the Chairman considered should be dealt with as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972 (as amended).

Members to indicate whether they will be declaring any interests under the Code of Conduct.

 

Members making a declaration of interest at a meeting of a Committee or Council are required to disclose the existence and nature of that interest.  This requirement is not discharged by merely declaring a personal interest without further explanation.

The following interests were declared:

 

Councillor Paul Andrews declared a personal non-pecuniary but not prejudicial interest in agenda item 10 minute 54 (Judicial Review) as he had been lobbied by residents in Malton and the Malton Town Council, of which he was a member, and as a supporter of local business.

 

Councillors Steve Arnold, Cleary, Cowling, Cussons, Farnell, Frank, Goodrick, Hope, Jainu-Deen, Raper and Thornton declared personal non-pecuniary but not prejudicial interests in agenda item 10 minute 54 (Judicial Review) as they had been lobbied by Councillor Paul Andrews by letter and email.

 

Councillor Val Arnold declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (North Yorkshire Fire and Rescue Service – Fire Service Review 2015) as a member of the North Yorkshire Fire Authority.  She took no part in the discussion or the vote on the item.

 

Councillor Shields declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (North Yorkshire Fire and Rescue Service – Fire Service Review 2015) as a substitute member of the North Yorkshire Fire Authority. 

 

Councillor Clark declared a personal non-pecuniary but not prejudicial interest in agenda item 11 (North Yorkshire Fire and Rescue Service – Fire Service Review 2015) as a deputy member of the North Yorkshire Fire Authority.

 

Councillor Goodrick declared a personal non-pecuniary but not prejudicial interest in agenda item 12 (Funding for Citizens Advice Bureau) as the Council’s representative on the Citizens Advice Bureau.

 

Councillor Clark declared a personal non-pecuniary but not prejudicial interest in agenda item 12 (Funding for Citizens Advice Bureau) as North Yorkshire County Council’s representative on the Citizens Advice Bureau, which was an advisory role.

 

Councillors Val Arnold, Clark, Sanderson and Shields declared personal non-pecuniary but not prejudicial interests in agenda item 13 (Devolution – Combined Authorities) as North Yorkshire County Councillors.

To receive any announcements from the Chairman, the Leader and/or the Head of Paid Service.

With the Chairman’s permission, the Chairman of the Overview and Scrutiny Committee made the following announcement:

 

“I have met with KPMG who are our appointed Auditors and who were appointed by the Public Sector Audit Appointments Ltd, a statutory function delegated by the Secretary of State for Communities and Local Government and who are therefore fully independent of the Council. I asked then to consider the issues raised by the Judicial Review outcome particularly if public money has been wasted and if officers deliberately misled Members.

 

Work is ongoing and a report will come to Audit Committee in the future.”

 

The Chief Executive made the following announcements:

·        That officers from Ryedale will attend a  meeting with other Districts in North Yorkshire to discuss the current migration issue.

·        That she had been asked if she would like to express an interest in applying for the role of Police Area Returning Officer for York and North Yorkshire.

From Cllr Thornton to the Chair of Planning

 

In relation to the ministerial guidance on affordable contributions on small developments, how much has the government’s misleading of Tory controlled RDC cost the Council?

 

From Cllr Joy Andrews to the Chair of Planning

 

What is the breakdown of the costs of the attempted sale of WSCP to date?

 

From Cllr Clark to the Chair of Planning

 

Has Councillor Windress considered his position as Chair of Planning?

1.         Councillor Thornton submitted the following question:

To Councillor Windress, Chairman of Planning Committee:

“In relation to the ministerial guidance on affordable contributions on small developments, how much has the government’s misleading of Tory controlled RDC cost the Council?”

 

In the absence of  the Chairman of Planning Committee, the Vice Chairman Councillor Frank replied

“This matter was the subject of a detailed report to members of the Planning Committee on 10^th February 2015 and then by Full Council at the meeting held on 24^th February 2015. The report set out the set out the reasons for not seeking developer contributions, the significance of any risks and the implications for the implementation of the Ryedale Plan and the decision making process.  A list of 15 no. Applications that were affected was also included as part of the report.

 

The ministerial statement has not ‘cost’ the Council anything in terms of how it processed or dealt with the respective applications.

 

However the decision not to seek developer contributions from small sites related to both off site commuted sums for affordable housing and Public Open Space (POS).

 

15 No. Applications were listed in the report to Council on 24^th February 2015 – the foregone contributions were £325k for affordable housing and £58k for POS.

 

In the intervening period officers have identified another 11 no. Applications where contributions would have been sought if Policy SP3 and SP11 had been applied. 

 

No detailed figures are available for each of these later applications as they were not subject to detailed consideration by a valuer.  However it is estimated that the addition developer contributions foregone is approx £300k for affordable housing and £30k for POS.

 

Total – Housing £625k

Total – POS £88k.”

 

Councillor Thornton asked the following supplementary question:

“Thank you for those figures. I should point out that it's not the Council that has lost this money £625,000, £88,000 that's £700,000 - it's the public who have been disadvantaged. They've lost potential affordable housing, they've lost public open spaces.  I don't think that RDC is flush with money to be able to let this slip. It seem that the slavish adherence to ministerial statements and officers' advice has cost the public considerably and should we not deal with that advice in the Chamber with detailed questioning and exploration of possible responses to perhaps avoid this loss in future?”

 

Councillor Frank replied that a written answer would be provided.

 

2.         Councillor Joy Andrews submitted the following question:

To Councillor Windress, Chairman of Planning Committee:

“What is the breakdown of the costs of the attempted sale of WSCP to date?”

 

As this question fell within the remit of the Chairman of Policy and Resources Committee, Councillor Cowling replied

 

“Members will be fully aware of the distinction between the two roles of the Council on matters relating to WSCP namely :

(i) Role of the Council as a landowner;

(ii) Role of Council as a Local Planning Authority

This question is interpreted  ...  view the full minutes text for item 35.

Councillor Cowling, the Leader of the Council, presented the following statement:

 

“The items for my Leader’s statement are included on your agenda this evening and I am happy to answer any questions you may have as each item arises.

 

In addition over the last two months I have attended various meetings about Devolution and that has certainly taken up a lot of my time.  I have also attended a meeting with North Yorkshire County Council, Scarborough Borough Council and our LEP to have a first look at the results of the work that is being done on preparing plans to dual parts of the A64 - you will recall that our council contributed £25k towards the first stage of this process.  I will arrange for these proposals to be available to all Members of the Council so that all councillors will have a chance to view the proposals and be able to ask any questions of the officers involved. It will be a committee decision if we wish to contribute towards funding the next stage. I believe that this work and improving mobile and broadband connectivity are the biggest improvements that this Council can help facilitate to achieve greater future economic success for the benefit of the whole of Ryedale.

 

The only other thing that I wanted to add which is exceptionally good news for the Pickering wards is the completion of the Pickering flood defences today.”

 

The following questions were received on the Leader’s Statement:

 

1.    From Councillor Burr

 

“Whilst every Leader has a particular style I honestly feel that giving us a verbal statement directly in the meeting is not good enough. Could I respectfully ask that you provide us with a written statement within the Council agenda, like our previous leader Cllr Knaggs used to give us? This was much more appropriate and respectful of fellow Councillors to absorb the information that they need to decide on asking questions. So my question is, could we adopt a more businesslike procedure and have a detailed statement sent out with the Council agenda in the future? I do believe this has been asked for previously?”

 

The Leader replied:

 

“I understand that it's personal choice as to whether I even do a Leaders Statement or not, so I'll let you know.”

 

2.    From Councillor Paul Andrews

 

“Will the auditors be instructed to interview Council Members including opposition Members  who have opposed the use of Wentworth Street car park as a superstore? Will they also instructed to interview businesses who have been affected including and I emphasise, Fitzwilliam Estate?”

 

This question had been copied to the Council’s auditors, KPMG, and a full response from them had been received.  A copy of this was circulated to all Members at the meeting.

 

3.    From Councillor Paul Andrews

 

“What other modes of enquiry are available in which the community will have confidence and that must include a review of costs, benefits and affects of the decision to sell Wentworth Street car  ...  view the full minutes text for item 36.

Licensing Committee – 21 July 2015

 

Minute 4 – The Gambling Act 2005 - Draft Statement of Principles (page 25)

 

Overview and Scrutiny Committee – 30 July 2015

 

Minute 22 – Treasury Management Annual Report 2014/15 (page 65)

 

Planning Committee – 18 August 2015

 

Minute 53 – Developer Contributions from Small Sites  (page 79)

 

Minute 54 – Judicial Review - The Queen on the Application of Milton (Peterborough) Estates Company trading as Fitzwilliam (Malton) Estate v Ryedale District Council (page 85)

Licensing Committee – 21 July 2015

 

Minute 4 – The Gambling Act 2005 - Draft Statement of Principles

 

It was moved by Councillor Hope and seconded by Councillor Frank that the following recommendations of the Licensing Committee be approved and adopted.

 

That Council be recommended:

 

To  adopt the Gambling Act  2005 - Statement of Principles.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That Council adopt the Gambling Act  2005 - Statement of Principles.

 

Voting Record

28 For

0 Against

0 Abstentions

 

Overview and Scrutiny Committee – 30 July 2015

 

Minute 22 – Treasury Management Annual Report 2014/15

 

It was moved by Councillor Wainwright and seconded by Councillor Acomb that the following recommendations of the Overview and Scrutiny Committee be approved and adopted.

 

That Council be recommended:

 

a.  That the treasury management report for 2014/15 be noted;

 

b.  That the actual 2014/15 prudential and treasury indicators in this report be   approved.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

a.  That the treasury management report for 2014/15 be noted;

 

b.  That the actual 2014/15 prudential and treasury indicators in this report be   approved.

 

Voting Record

28 For

0 Against

0 Abstentions

 

Planning Committee – 18 August 2015

 

Minute 53 – Developer Contributions from Small Sites 

 

It was moved by Councillor Frank and seconded by Councillor Hope that the following recommendations of the Planning Committee be approved and adopted.

 

That Council be recommended to resolve to:

 

 (i) No longer treat the Ministerial Statement of 1 December 2014 on support for small-scale developers, custom and self -builders as a material consideration in the planning process;

 

(ii) To apply full weight to Policies SP3 (Affordable Housing) and Policy SP11 (Community Facilities and Services) of the Ryedale Plan - Local Plan Strategy.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That Council resolves to:

 

(i) No longer treat the Ministerial Statement of 1 December 2014 on support for small-scale developers, custom and self -builders as a material consideration in the planning process;

 

(ii) To apply full weight to Policies SP3 (Affordable Housing) and Policy SP11 (Community Facilities and Services) of the Ryedale Plan - Local Plan Strategy.

 

Voting Record

28 For

0 Against

0 Abstentions

 

Minute 54 – Judicial Review - The Queen on the Application of Milton (Peterborough) Estates Company trading as Fitzwilliam (Malton) Estate v Ryedale District Council 

 

It was moved by Councillor Frank and seconded by Councillor Hope that the following recommendations of the Planning Committee be approved and adopted.

 

That Council be recommended:

 

(i) That the outcome of the judicial review proceedings be noted;

 

(ii) That Council meet the award of costs from the improvement, contingency and emergency fund.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

       (i) That the outcome of the judicial review proceedings be noted;

 

(ii)That Council meet the award of costs from the improvement, contingency and emergency fund.

 

Voting Record

20 For

1 Against

6 Abstentions

 

Councillor Paul Andrews requested that his vote against  ...  view the full minutes text for item 37.

The Chief Executive submitted a report (previously circulated) which provided Members of Council the opportunity to agree a response to the consultation document of North Yorkshire Fire and Rescue Service (NYFRS), Fire Cover Review 2015.

 

Councillor Cowling moved and Councillor Steve Arnold seconded the following motion:

 

“That Council decide whether they wish to support option 1 or option 2.”

 

Councillor Ives moved and Councillor Duncan seconded the following amendment:

 

“This Council:

 

- supports option 1 over option 2 in relation to the proposals concerning the future of Malton Fire Station, which is to replace the day crewed fire engine with a day crewed Tactical Response Vehicle; and

 

- encourages integration across the emergency services and the wider public sector.” 

 

Upon being put to the vote the amendment was carried.

 

Voting Record

19  For

5  Against

3  Abstentions

 

The substantive motion was then put to the vote.

 

Resolved

 

This Council:

 

- supports option 1 over option 2 in relation to the proposals concerning the future of Malton Fire Station, which is to replace the day crewed fire engine with a day crewed Tactical Response Vehicle; and

 

- encourages integration across the emergency services and the wider public sector.

 

Voting Record

18  For

5  Against

4  Abstentions

 

Councillor Paul Andrews requested that his vote against the motion be recorded.

The Chief Executive submitted a report (previously circulated) which updated Members following the presentation from Ryedale Citizens Advice Bureau (CAB).

 

Councillor Cowling moved and Councillor Frank seconded the recommendations in the report.

 

Councillor Cowling moved and Councillor Frank then seconded the following amendment:

 

“To ask that CAB officers work closely with RDC officers to keep them up to date with their financial situation.”

 

Upon being put to the vote the amendment was carried.

 

Voting Record

27  For

0  Against

0  Abstentions

 

The substantive motion was then put to the vote.

 

Resolved

 

(i)            That Council agree to allocate the provision of the additional £35k to Ryedale CAB.

 

(ii)          To ask that CAB officers work closely with RDC officers to keep them up to date with their financial situation.

 

Voting Record

27  For

0  Against

0  Abstentions

The Chief Executive submitted a report (previously circulated) which updated Members on the current position regarding the ongoing national devolution debate, regional developments and how these may impact on Ryedale District Council.

 

Councillor Cowling moved and Councillor Frank seconded the recommendations in the report.

 

Councillor Cowling moved and Councillor Frank then seconded the following amendment:

 

            “To delete 2.1 and replace with:

 

It is recommended that Council agree to be part of a combined authority within Yorkshire as a general principle, proposals for which are to be submitted to the Treasury by the 4 September deadline.”

 

A procedural motion that the question now be put was moved, seconded and carried.

 

Upon being put to the vote the proposal was carried.

 

Resolved

 

That Council agree to be part of a combined authority within Yorkshire as a general principle, proposals for which are to be submitted to the Treasury by the 4 September deadline.

 

Recorded Vote

 

For

Councillors Steve Arnold, Val Arnold, Cleary, Cowling, Duncan, Evans, Farnell, Frank, Gardiner, Hope, Ives, Jainu-Deen, Oxley and Raper

 

Against

Councillors Joy Andrews, Paul Andrews, Clark, Thornton and Wainwright

 

Abstentions

Councillor Jowitt

There being no other business, the meeting closed at 11.05pm.