Agenda and minutes

Apologies for absence were received from Councillors Mrs Cowan and Hawkins.

There were no questions from members of the public.

To approve as a correct record the minutes of an Ordinary Meeting of the Council held on 13 January 2011 and the Minutes of the Budget Meeting of Council held on 21 February 2011.

The minutes of an Ordinary Meeting of the Council held on 13 January 2011 and the Minutes of the Budget Meeting of Council held on 21 February 2011 were presented.

Resolved

That the minutes of an Ordinary Meeting of the Council held on 13 January 2011 and the Minutes of the Budget Meeting of Council held on 21 February 2011 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 (as amended).

There were no items which the Chairman considered 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 (as amended).   

Members to indicate whether they will be declaring any interests under the Members’ 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 Declarations of Interest were received:

Councillor Mrs De Wend Fenton declared a personal interest in Minute No 65 (Ryedale Plan – Policy Approach to Conservation Deficit) as the owner of a Grade I Listed Building.

Councillor Legard declared a personal interest in Minute No 65 (Ryedale Plan – Policy Approach to Conservation Deficit) as his family own a house which is a national heritage site.  Councillor Legard declared a personal interest in item 9 (Relocation of Malton Scouts) as his wife is Chairman of the School Governors.

Councillor Hope declared a personal interest in Minute No 65 (Ryedale Plan – Policy Approach to Conservation Deficit) as his wife works at Castle Howard.

Councillors Andrews, Mrs Hodgson and Spencer declared personal interests in Minute No 62 (Community Governance Review Malton and Norton-on-Derwent) as members of Malton Town Council.

Councillor Mrs Hodgson declared a personal interest in Minute No 64 (Relocation of Malton Scouts) as a Governor of Malton School.

Councillor Mrs Wilford declared a personal and prejudicial interest in Minute No 64 (Relocation of Malton Scouts) as she works at Malton School.

Councillor Mrs Burr declared a personal and prejudicial interest in Minute No 64 (Relocation of Malton Scouts) as her business has contracts with Malton School.

Councillor Mrs Cowling declared a personal interest in Item 10 ( Site Selection Methodology) as she had been lobbied.  Councillor Mrs Cowling declared a personal and prejudicial interest in Item 11 (Pickering Flood Storage Proposals) as the owner of a property that floods.

Councillor Mrs Arnold declared a personal and prejudicial interest in Minute No 64 (Relocation of Malton Scouts) as the group’s District Chairman.  Councillor Mrs Arnold declared a personal interest in item 9 as she had been lobbied.

Councillor Arnold declared a personal and prejudicial interest in Minute No 64 (Relocation of Malton Scouts) as he is involved in the Malton Scouts Group. 

Councillors Keal and Mrs Keal declared personal interests in item 11 (Pickering Flood Storage Proposals) as members of the Pickering Flood Defence Group.

Councillors Cottam, Knaggs and Mrs Wilford declared personal interests in item 9 (Ryedale Plan – Policy Approach to Conservation Deficit) as they had been lobbied.

To Receive any announcements from the Chairman and/or the Head of Paid Service.

The Chairman announced the following:

(a)     The Chairman reported that as a result of the support indicated, a Dinner for Councillors was in the process of being arranged.  The dinner was to be held in aid of his Charities.  Contributions were welcome from any Members unable to attend the event.

(b)     The Chairman reminded Members that the Corporate Director, Mrs Marie-Ann Jackson, was voluntarily leaving the Authority at the end of March 2011.  Mrs Jackson had completed 21 years of service with the Authority and on behalf of Members the Chairman thanked Mrs Jackson for all she done for the Council.

From Councillor Wainwright:

“Would the Chairman of the Overview and Scrutiny Committee please update Members on the work of that Committee?”

From Councillor Wainwright:

“Would the Chairman of the Commissioning Board please update Members on the work of that Board?”

1.      Councillor Wainwright submitted the following question:

          “Would the Chairman of the Overview & Scrutiny Committee please update Members on the work of that Committee?”

          The Chairman of the Overview & Scrutiny Committee, Councillor Mrs Shields, replied:

          “At the last meeting of the Committee held on 24 February 2011 we welcomed Inspector Tim Hutchinson.  Inspector Hutchinson then shared with the Committee the re-structuring of the North Yorkshire Police Authority’s plan, which was due to be made public later in the month.  I cannot therefore give details here but we are assured that crime has continued to fall in North Yorkshire and the North Yorkshire Force continue to be completely focussed on maintaining this low level of crime and anti-social behaviour.

          The next item was on the Treasury Management and Annual Investment Strategy, which were addressed by our finance officers and the contents of the report were discussed and noted.  The Corporate Director and Mr James Ingham, North Yorkshire Audit Partnership Manager, spoke to the Annual Governance Action Plan, the progress made in the past year was noted.

          Mr Ingham then presented the Annual Audit and the third quarter report.  Again progress was outlined against the approved internal audit plan and likewise was noted by Members.

          The half year corporate risk management report was introduced by Clare Slater, Head of Transformation.  In all but one of the aspects of Council policy covered in the report, the status was ‘green’ denoting an OK position, or ‘yellow’ indicating a warning to improve.  The Committee then considered the Service Risk Register, where almost every department had been awarded an OK status, which indicated that the delivery of the Council priorities were being achieved.  Many thanks to Clare and her team for their continued work in this matter.

          Jos Holmes introduced her report with regard to the current position on Safer Ryedale.  This document set out the objectives of the Partnership Plan for 2011-2014, with a draft action plan for community safety for the coming year.  It included actions which were awaited from safer roads, domestic abuse and alcohol harm reduction task groups.

          In addition to the main meeting Members had met to consider progress on our own two task groups.  The Post Office Group met with Mr Mark Wright, whom we were very fortunate to have at the meeting, as he is the Programme Stakeholder Manager for the whole country.  There were some interesting insights into the use and deployment of mobile postal facilities as well as the situation with regard to current post offices.  We hope that there may be a further visit from Mr Wright with updates later this summer.

          The group looking at Healthy Weight had met twice since January and set out its scope for the topic.  We decided to look particularly at 16-25 year olds, to try to discover whether the interest in sport, or perhaps the lack of it, affected their weight.  Earlier this week we invited Chris Chatten, the Council’s project manager for sport and recreation, to address this  ...  view the full minutes text for item 94.

Councillor Knaggs, Leader of the Council, submitted the following statement:

“I have generally avoided overt party politics in these statements. So the last statement of the 2007-11 Council will be brief. All members of council can take pride in what we have achieved over the last 4 years

-          A record of cost control and intelligent anticipation which bears comparison with any council in the country

-          The delivery of more affordable homes than any previous Ryedale council on our present boundaries

-          The Malton Sports Hall after 30 years of talk

-          And all the other things that members and officers have done in the service of our communities

Some months ago I made it clear to officers that it is bad policy to bring controversial matters to committee in the last cycle of meetings before an election. So this cycle will be “lighter” than most. Even so, the Commissioning Board will consider proposals for a revised sports centre project in Helmsley (we hope), the annual Housing performance report, and a proposed “accord” with the Federation of Small Businesses. Policy will consider a code of practice for CCTV and a response to a consultation on community rights. No doubt there will be other things as well.

It has been a privilege to present these statements and I thank Council for giving me the opportunity to do so.”

Standards Committee – 20 January 2011

Minute No. 24    -      Blogging and Social Networking

Minute No. 26    -      Independent/Parish Members

Policy & Resources Committee – 10 February 2011

Minute No. 60    -      Safeguarding Children and Vulnerable Adults Policy and Procedures

Minute No. 61    -      Flexible Retirement Policy

Minute No. 62    -      Community Governance Review Malton and Norton on Derwent

Minute No. 63    -      Fees and Charges – Pre-Application Advice

Minute No. 64    -      Relocation of Malton Scouts

Minute No. 65    -      Ryedale Plan – Policy Approach to Conservation Deficit

(a)     Standards Committee – 20 January 2011

          (i)      Minute No. 24 – Blogging and Social Networking

                   It was moved by Councillor Mrs De Wend Fenton and seconded by Councillor Spencer that the following recommendation of the Standards Committee be approved and adopted:

                   “That Council be recommended to adopt the guidance on blogging, at pages 109 and 110 of the Council agenda, and as detailed in the report, and that the guidance be distributed to all Local Authority, Parish and Town Councillors.”

                   Upon being put to the vote the motion was carried.

                   Resolved

                   That the guidance on blogging and as detailed in the report, and as set out at pages 109 and 110 of the Council agenda, be adopted and distributed to all Local Authority, Parish and Town Councillors.”

          (ii)     Minute No. 26 – Independent/Parish Members

                   It was moved by Councillor Spencer and seconded by Councillor Mrs De Wend Fenton that the following recommendation of the Standards Committee be approved and adopted:

                   “That Council be recommended to extend the term of membership of the current Independent and Parish members of the Standards Committee for a further two years from May 2011.”

                   Councillor Clark reported that the Independent/Parish Members of the Standards Committee might not wish to extend their roles for an additional two years.  Councillor Clark was therefore of the opinion that the matter was being dealt with prematurely and that this was a matter for consideration by the new Council following the elections in May. 

                   An amendment was moved by Councillor Clark and seconded by Councillor Woodward that the item be referred back to the Standards Committee.

                   The Chairman reported that in the event of the item being referred back to the Standards Committee it would be necessary to undertake a selection process for the Independent and Parish Members of the Committee.

                   It was moved by Councillor Mrs Cowling and seconded by Councillor Wainwright that the question now be put.  Upon being put to the vote the motion was carried.

                   Upon being put to the vote the amendment to refer the matter back to the Standards Committee was lost.

                   Upon being put to the vote the motion “That Council be recommended to extend the term of membership of the current Independent and Parish members of the Standards Committee for a further two years from May 2011” was carried.   

                   Resolved

                   That the term of membership of the current Independent and Parish members of the Standards Committee be extended for a further two years from May 2011.

(b)     Policy & Resources Committee – 10 February 2011-03-09

          (i)      Minute No. 60 – Safeguarding Children and Vulnerable Adults Policy & Procedures

                   It was moved by Councillor Legard and seconded by Councillor Cottam that the following recommendation of the Policy & Resources Committee be approved:

                   “That Council be recommended to approve the adoption of the Safeguarding Children and Vulnerable Adults Policy.”

                   Upon being put to the vote the motion was carried.

                   Resolved

                   That the Safeguarding Children and Vulnerable Adults Policy as submitted be approved and adopted.

          (ii)     Minute  ...  view the full minutes text for item 96.

At this point in the meeting the Chairman declared that a fifteen minute adjournment would take place.

Minute No 65 – Ryedale Plan – Policy Approach to Conservation Deficit

It was moved by Councillor Legard and seconded by Councillor Knaggs that the following recommendation of the Policy & Resources Committee be approved:

(a)     Not to agree to the inclusion of a policy approach in the Ryedale Plan to allocate development to fund conservation deficits of local, national and regional importance

(b)     To agree that the Ryedale Plan makes reference to the national enabling development policy as an appropriate mechanism to address the conservation deficits associated with historic assets of national, regional or local significance and that the Plan includes reference to the criteria against which, enabling development proposals will be considered, including any locally relevant criteria.

Upon being put to the vote the motion was carried.

          Resolved

          (a)  That the Council does not agree to the inclusion of a policy approach in the Ryedale Plan to allocate development to fund conservation deficits of local, national and regional importance

          (b)  That the Council agrees that the Ryedale Plan makes reference to the national enabling development policy as an appropriate mechanism to address the conservation deficits associated with historic assets of national, regional or local significance and that the Plan includes reference to the criteria against which, enabling development proposals will be considered, including any locally relevant criteria.

          NB  In accordance with the Members Code of Conduct Councillor Hope declared a personal interest in the above item as his wife works at Castle Howard.

The Head of Planning submitted a report the purpose of which was to consider the proposed Site Selection Methodology for specific targeted consultation with the development industry and relevant bodies.  This detailed methodology takes forward the broad Site Selection Criteria that were included in the Draft Ryedale Plan, which was agreed by Members for consultation in Summer 2010.

Council was recommended to:

(i)     approve the proposed Site Selection Methodology  for consultation with relevant stakeholders (Annex 1) of the report

(ii)    note the consultation responses to the Site Selection Policy in the Draft Core Strategy set out in Annex 2 to the report

(iii)  delegate approval to the Chief Executive in consultation with the Chairman of Policy and Resources Committee to agree any minor textual and contextual amendments to the Site Selection Methodology

(iv)   have regard to the proposed Site Selection Methodology in the assessment of planning applications in advance of the Sites Development Plan Document (DPD) or Helmsley DPD being completed.

Approval of the recommendations would enable work to progress on the Sites Development Plan Document (DPD) in selecting sites and to assist in the consideration of planning applications for housing, employment and retail uses prior to the Sites DPD or Helmsley DPD reaching an advanced stage.

It was moved by Councillor Knaggs and seconded by Councillor Wainwright that the recommendations be approved.

An amendment was moved by Councillor Clark and seconded by Councillor Woodward that part (iv) of the recommendation be deleted.

Members requested that a recorded vote be taken on the amendment.

Recorded Vote:

For the amendment:

Councillors Andrews, Clark, Mrs De Wend Fenton and Woodward (4)

Against the amendment

Councillors Arnold, Mrs Arnold, Bailey, Mrs Cowling, Cussons, Mrs Frank, Hope, Mrs Keal, Keal, Knaggs, Legard, Maud, Wainwright, Ms Warriner and Mrs Wilford (15)

Abstentions

Councillors Acomb, Mrs Burr, Hemesley, Mrs Hodgson, Mrs Shields and Spencer (6)

The amendment was, therefore lost.

Upon being put to the vote the motion was carried.

Resolved

That Council:

(a)     approve the proposed Site Selection Methodology  for consultation with relevant stakeholders (Annex 1) of the report

(b)     note the consultation responses to the Site Selection Policy in the Draft Core Strategy set out in Annex 2 to the report

(c)     delegate approval to the Chief Executive in consultation with the Chairman of Policy and Resources Committee to agree any minor textual and contextual amendments to the Site Selection Methodology

(d)     have regard to the proposed Site Selection Methodology in the assessment of planning applications in advance of the Sites Development Plan Document (DPD) or Helmsley DPD being completed.

NB    Councillors Andrews, Clark and Woodward recorded their votes against the above decision.

          Councillor Mrs Cowling declared a personal interest in the above item as she had been lobbied.

The Corporate Director (s151) submitted a report the purpose of which was to consider revised proposals from the Environment Agency (EA), which required an increased contribution from the Council towards the scheme.

The report recommended that Council approve:

(a)     A contribution of £950k towards the Pickering Flood Storage Scheme as approved by Council on 19 July 2010, which represents an increase of £150k

(b)     The increase to be financed from a reduction in the Helmsley Sports capital provision.

The proposals provided a deliverable solution to help mitigate a long-standing issue, which Members agreed to support financially in 2010.

It was moved by Councillor Knaggs and seconded by Councillor Wainwright that the recommendations be approved.

Duration of Meeting

The Chairman of Council referred to Part 4 of the Constitution – Rules of Procedure – Rule 8 Duration of Meeting – and moved that the meeting continue in order to complete the business on the agenda.  Members unanimously agreed to this course of action.

Upon being put to the vote, the motion to approve the recommendations in the report was carried.

Resolved

That Council approve:

(a)     A contribution of £950k towards the Pickering Flood Storage Scheme as approved by Council on 19 July 2010, which represents an increase of £150k, and

(b)     The increase be financed from a reduction in the Helmsley Sports capital provision.

NB    Councillors Mrs Keal and Keal declared personal interests in the above item as members of the Pickering Flood Defence Group.

          Councillor Mrs Cowling declared a personal and prejudicial interest in the item as the owner of a property in Pickering which floods.

There being no items of urgent business the Chairman declared the meeting closed at 10.25pm.