Agenda and minutes

Apologies for absence were received from Councillors Hawkins, Mrs Hopkinson, Legard, Raper and Walker.

There were no public questions.

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 4 July 2013.

The minutes of the Ordinary Meeting of Council held on 4 July 2013 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 4 July 2013 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 Joy Andrews declared a personal non-pecuniary but not prejudicial interest in agenda item 8 (Ryedale Indoor Bowls Club – Licence to Occupy) as a member of the Ryedale Indoor Bowls Centre.

 

Councillor Bailey declared a personal pecuniary and prejudicial interest in agenda item 11 – Policy & Resources Committee Minute 17 (Ryedale Apprenticeship Project) as chairman of the National Parks Authority, which had submitted an application.  He left the room during consideration of this item and took no part in the discussion or vote thereon.

 

Councillor Mrs Burr declared a personal pecuniary and prejudicial interest in agenda item 11 – Policy & Resources Committee Minute 17 (Ryedale Apprenticeship Project) as her business had submitted an application and agenda item 13 (Adoption of the Ryedale Local Plan Strategy) as she had business interests in the local area. She left the room during consideration of these items and took no part in the discussions or votes thereon.

 

Councillor Clark declared a personal non-pecuniary but not prejudicial interest in agenda item 8 (Ryedale Indoor Bowls Club – Licence to Occupy) as the chair of the group bidding, in agenda item 11 – Planning Committee Minute 20 (Settrington Consultation Statement) as a farmer of a riparian area, and in agenda item 11 – Policy & Resources Committee Minute 17 (Ryedale Apprenticeship Project) as a North Yorkshire County Councillor given that a school had applied.

 

Councillor Mrs Cowling declared a personal pecuniary and prejudicial interest in agenda item 15 (Scrap Metal Dealers Act 2013) as her son owned a scrap yard and she did the books for him.  She left the room during consideration of this item and took no part in the discussion or vote thereon.

 

Councillor Fraser declared a personal non-pecuniary but not prejudicial interest in agenda item 11 – Planning Committee Minute 20 (Settrington Consultation Statement) as a resident of Settrington.

 

Councillor Ives declared a personal non-pecuniary but not prejudicial interest in agenda item 11 – Policy & Resources Committee Minute 17 (Ryedale Apprenticeship Project) as a regular user of Graze sandwich shop.

 

Councillor Mrs Keal declared a personal non-pecuniary but not prejudicial interest in agenda item 8 (Ryedale Indoor Bowls Club – Licence to Occupy) as a member of the Ryedale Community & Leisure Centre Steering Committee.

 

Councillor Mrs Sanderson declared a personal non-pecuniary but not prejudicial interest in agenda item 11 – Policy & Resources Committee Minute 17 (Ryedale Apprenticeship Project) as a North Yorkshire County Councillor given that a school had applied.

 

Councillor Mrs Shields declared a personal non-pecuniary but not prejudicial interest in agenda item 11 – Policy & Resources Committee Minute 17 (Ryedale Apprenticeship Project) as a North Yorkshire County Councillor given that a school had applied, and as she had had conversations with the school concerned.

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

There were no announcements from the Chairman.

The Corporate Director (s151) submitted a report (previously circulated) which presented to Members a request for a licence to occupy the Council property formally leased to the Ryedale Indoor Bowls Club to a new organisation the Ryedale Indoor Bowls Centre for the period 6 September to the 26 December 2013.

 

Councillor Mrs Cowling moved and Councillor Mrs Shields seconded the following motion:

 

“This Council welcomes and supports moves by a community interest group to purchase the former Ryedale Indoor Bowls Club.

In view of this Full Council resolves to:

1. Provide reasonable officer support to the Ryedale Community and Leisure Centre (RCLC) that wishes to purchase the building. This may include (but is not limited to) support with applications for grant funding, business planning and legal advice. Officers and the local ward members are to work with the RCLC throughout this process.

2. To authorise the Corporate Director (s151) in consultation with the Chairman of Policy and Resources to grant a licence to occupy the building up to the 26 December 2013.”

 

Councillor Mrs Keal moved and Councillor Ives seconded the following amendment:

 

“The RCLC steering committee is working on plans to secure the long term future of the building and is fully supportive of retaining indoor bowls as a major part of the facility going forward. To ensure consistency in planning the future of the building as a community facility and in order for bowling to resume from September to December 2013, the licence to operate be offered to the Ryedale Community and Leisure Centre steering committee subject to the submission of a suitable application including a business plan.”

 

Upon being put to the vote, the amendment was carried.

 

Councillor Clark moved and Councillor Woodward seconded a further amendment:

 

“To refer back to the Policy & Resources Committee for a full report on the RCLC licence to occupy and comparison of the two bids.”

 

Upon being put to the vote, the amendment was lost.

 

The substantive motion was then put to the vote and carried.

 

Resolved

 

This Council welcomes and supports moves by a community interest group to purchase the former Ryedale Indoor Bowls Club.

In view of this Full Council resolves to:

1. Provide reasonable officer support to the Ryedale Community and Leisure Centre (RCLC) that wishes to purchase the building. This may include (but is not limited to) support with applications for grant funding, business planning and legal advice. Officers and the local ward members are to work with the RCLC throughout this process.

2. To authorise the Corporate Director (s151) in consultation with the Chairman of Policy and Resources to grant a licence to occupy the building up to the 26 December 2013.

 

The RCLC steering committee is working on plans to secure the long term future of the building and is fully supportive of retaining indoor bowls as a major part of the facility going forward. To ensure consistency in planning the future of the building as a community facility and in order for bowling to  ...  view the full minutes text for item 55.

There were no questions on notice.

To follow.

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

 

I am pleased that we have been able to consider the Ryedale Indoor Bowls Club this evening. The report on the agenda tonight has offered a way forward in terms of keeping the bowling activities going until the end of this year.  It is my intention that we should give as much assistance to the Ryedale Community and Leisure Centre (RCLC) as reasonably possible to enable them to put together a successful bid to buy the building.

 

One of the main reasons I felt able to support the temporary licence was the financial benefit to the tax payer. Occupation of the building until 26^th December is dependant on the rent and bills for the premises being paid.  

 

I am also committed to ensuring that the council can sell the site with vacant possession after the 26 December 2013 should the RCLC be unable to acquire the building.

 

It is a great relief to finally be able to say that the Inspector has found our local plan sound, subject to agreeing some minor modifications. As you are aware this has been a laborious and demanding piece of work for a number of years and I wish to thank both Officers and Members for their hard work during this lengthy task. It is rather ironic that on the very day that former Councillor, Keith Knaggs, is to be made an Honorary Alderman of this council we are at last able to consider adopting our very own local plan.  During his time as Leader of this council he was tremendously supportive of the process.  We can now turn our full attention to the sites document which has a separate examination process.

 

I am equally pleased to report that we have made good strides in getting apprenticeships into Ryedale. Our Council has appointed 8 apprentices who have already started work and are settling in throughout the Council. In addition to that and on the agenda this evening we have the opportunity to help create a number of new apprenticeship posts within businesses in Ryedale.

 

Turning our attention to finances we are preparing our plans for the budget round. You will be aware that there is a consultation about transferring a % of the new homes bonus to the LEP this could be as much as £400,000 per annum to Ryedale from 2015/16. We will send our response to the consultation which in summary attempts to limit the amount of New Homes Bonus to the LEP and protect the housing spend. This is an important issue, our medium term financial plan assumed some use of the NHB from 2015 would support the Revenue account as further cuts in Government Grants are made. Later this month the Policy and Resources Committee considers the budget strategy for 2014/15, when difficult decisions will be a necessity in order to balance the books.

 

I have been working with the Local Government Association and Local Government Yorkshire  ...  view the full minutes text for item 57.

Planning Committee – 2 July 2013

 

Minute 20 – Settrington Consultation Statement (page 29)

 

Policy and Resources Committee – 29 August 2013

 

Minute - Living Wage Motion (to follow)

 

Minute - Ryedale Apprenticeship Project  (to follow)

Planning Committee – 2 July 2013

 

Minute 20 – Settrington Consultation Statement

 

It was moved by Councillor Fraser and seconded by Councillor Mrs Goodrick that the following recommendations of the Planning Committee be approved and adopted:

 

“That Council be recommended to approve:

 

That the Settrington Village Design Statement is adopted as a Supplementary Planning Document.”

 

Councillor Woodward moved and Councillor Clark seconded the following amendment:

 

“To ask Settrington to consider adding this amendment – Insert the words “habitat destruction, agricultural intensification and” after the words “due to” and before the words “mink predation”.”

 

Upon being put to the vote, this amendment was lost.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That Council approve:

 

That the Settrington Village Design Statement is adopted as a Supplementary Planning Document.

 

Policy & Resources Committee – 29 August 2013

 

Minute 15 - Living Wage Motion

 

It was moved by Councillor Mrs Cowling and seconded by Councillor Acomb that the following recommendations of the Policy & Resources Committee be approved and adopted:

 

“That Council be recommended to approve:

 

Ryedale Council has an objective of increasing the average wage level in Ryedale. So as to set an example and show sound leadership this Council resolves to, subject to the agreement of the recognised trade unions;

 

(i)  Pay all RDC permanent posts at the living wage or above;

(ii) That preference be given to external contracts over £50,000 where the applicant pays the living wage or above; and

 

Any cost of the above to be financed in 2013/14 year from the unallocated   provision and in the event of any increases in the living wage the issue be brought back to Council to consider the implications and whether to apply the increase.”

 

Councillor Clark moved and Councillor Woodward seconded the following amendment:

 

“To delete the word “permanent” from (i) and insert the words “except apprentices”.”

 

Upon being put to the vote, this amendment was lost.

 

Councillor Clark then moved and Councillor Woodward seconded a further amendment:

 

“To delete all wording after “unallocated provision”.”

 

Upon being put to the vote, this amendment was lost.

 

Recorded Vote

For

Councillors Joy Andrews, Paul Andrews, Clark, Mrs Keal, Richardson, Mrs Shields, Ward and Woodward

 

Against

Councillors Acomb, Arnold, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hicks, Hope, Ives, Maud, Mrs Sanderson and Wainwright

 

Abstentions

Councillors Bailey, Collinson and Windress

 

Upon being put to the vote the motion was then lost.

 

Recorded Vote

For

Councillors Acomb, Joy Andrews, Paul Andrews, Clark, Richardson, Ward and Woodward

 

Against

Councillors Arnold, Bailey, Collinson, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hicks, Hope, Ives, Maud, Mrs Sanderson, Mrs Shields, Wainwright and Windress

 

Abstentions

Councillor Mrs Keal

 

Minute 16 – Exempt Information

 

It was moved by Councillor Mrs Cowling and seconded by Councillor Acomb that the press and public be excluded from the meeting during consideration of Item 8 (Ryedale Apprenticeship Project) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972.

 

Recorded Vote

For

Councillors Acomb, Joy  ...  view the full minutes text for item 58.

Proposed by Councillor Clark and seconded by Councillor Woodward.

 

In view of:

i.      The potential for fracking in Ryedale

ii.    The general lack of knowledge of householders, farmers and other landowners as to who owns the mineral rights under their properties

iii.   The recent actions by the Church of England to make massive mineral rights claims

 

This Council resolves to ask:

a)    North Yorkshire County Council

b)    The Land Registry

c)    Any other appropriate organisations

 

To supply as much information as is possible of the mineral rights in the District of Ryedale and who owns them.

 

1.     The following motion was moved by Councillor Clark and seconded by Councillor Woodward:

 

“In view of:

i.      The potential for fracking in Ryedale

ii.    The general lack of knowledge of householders, farmers and other landowners as to who owns the mineral rights under their properties

iii.   The recent actions by the Church of England to make massive mineral rights claims

 

This Council resolves to ask:

a)    North Yorkshire County Council

b)    The Land Registry

c)    Any other appropriate organisations

 

To supply as much information as is possible of the mineral rights in the District of Ryedale and who owns them.”

 

An amendment was moved by Councillor Mrs Sanderson and seconded by Councillor Mrs Goodrick:

 

“To supply an information page on the Ryedale web site in a simple Q&A format taken from NYCC published material appertaining to mineral rights in the District of Ryedale. Links to be included to NYCC full reports and policies. 

 

And to ensure that members are involved in the consultation process of the emerging joint plan with regard to the exploration, appraisal and production of shale gas.”

 

Upon being put to the vote the amendment was carried.

 

A further amendment was then moved by Councillor Clark and seconded by Councillor Woodward:

 

“All information comes to the councillors as it becomes available and definitely 2 weeks before mineral rights register ends.”

 

Upon being put to the vote the amendment was carried.

 

Upon being put to the vote, the substantive motion was then carried.

 

Resolved

 

In view of:

i.      The potential for fracking in Ryedale

ii.    The general lack of knowledge of householders, farmers and other landowners as to who owns the mineral rights under their properties

iii.   The recent actions by the Church of England to make massive mineral rights claims

 

This Council resolves to ask:

a)     North Yorkshire County Council

b)    The Land Registry

c)    Any other appropriate organisations

 

To supply as much information as is possible of the mineral rights in the District of Ryedale and who owns them.

 

To supply an information page on the Ryedale web site in a simple Q&A format taken from NYCC published material appertaining to mineral rights in the District of Ryedale. Links to be included to NYCC full reports and policies. 

 

And to ensure that members are involved in the consultation process of the emerging joint plan with regard to the exploration, appraisal and production of shale gas.

 

All information comes to the councillors as it becomes available and definitely 2 weeks before mineral rights register ends.

The Head of Planning & Housing submitted a report (previously circulated) which presented the Ryedale Plan - Local Plan Strategy (LPS) for Council to formally adopt as the Development Plan for the District.

 

Councillor Windress moved and Councillor Mrs Goodrick seconded the following revised recommendations from the report:

 

“That

 

(i)            The Council accepts the Report of the Inspector received on 14 August 2013 following the Examination in Public of the Local Plan Strategy;

 

(ii)        Council agrees to adopt the Ryedale Plan – Local Plan Strategy as the Development Plan for Ryedale as set out in Annex 1 to this report and that formal notices be published to complete the  statutory requirements; and

 

(iii)         Authority be delegated to the Head of Planning and Housing to finalise the presentation of the document, including for example, page layouts, font detailing and the positioning of photographs and tables.”

 

Councillor Andrews proposed and Councillor Clark seconded the following amendment:

 

“To defer for public consultation on the final document as set out in the agenda.”

 

Upon being put to the vote, this amendment was lost.

 

Councillor Clark proposed and Councillor Ward seconded a further amendment, to p53 of the LPS:

 

“That all development in Kirkbymoorside and Helmsley be extremely large.”

 

Upon being put to vote, this amendment was lost.

 

Councillor Clark proposed and Councillor Ward seconded a third amendment, to p53 of the LPS:

 

“That development in Kirkbymoorside be outside the development limits.”

 

Upon being put to the vote, this amendment was lost.

 

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

 

Upon being put to the vote, the motion was then carried.

 

Recorded Vote

For

Councillors Acomb, Arnold, Bailey, Collinson, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hicks, Hope, Ives, Mrs Keal, Maud, Mrs Sanderson, Mrs Shields, Wainwright and Windress

 

Against

Councillors Joy Andrews, Paul Andrews, Clark, Richardson, Ward and Woodward

 

Abstentions

None

 

Resolved

 

That

 

(i)            The Council accepts the Report of the Inspector received on 14 August 2013 following the Examination in Public of the Local Plan Strategy;

 

(ii)        Council agrees to adopt the Ryedale Plan – Local Plan Strategy as the Development Plan for Ryedale as set out in Annex 1 to this report and that formal notices be published to complete the  statutory requirements; and

 

(iii)         Authority be delegated to the Head of Planning and Housing to finalise the presentation of the document, including for example, page layouts, font detailing and the positioning of photographs and tables.

 

A procedural motion to continue the meeting was then moved, seconded and carried upon being put to the vote.

The Head of Economy & Infrastructure submitted a report (previously circulated) which outlined the priorities for the establishment of a new community grant scheme including eligibility criteria, intervention rates and approval processes.

 

Councillor Mrs Keal moved and Councillor Mrs Shields seconded the following recommendations in the report:

 

“It is recommended that Members approve the implementation of a new Community Grant Scheme for 2013/2014 of £50k, financed from the Council’s General Reserve,with grant criteria as outlined in the report (para 6.3).”

 

Councillor Mrs Cowling moved and Councillor Mrs Goodrick seconded the following amendment:

 

“To reduce the amount allocated to community grants to £35k.”

 

Upon being put to the vote, this amendment was lost.

 

Councillor Mrs Cowling moved and Councillor Mrs Goodrick seconded a further amendment:

 

“Next year’s allocation be considered as part of the total grants budget identified on p369 of the agenda, which should be subject of a report to the next appropriate meeting of the Commissioning Board.”

 

Upon being put to the vote, this amendment was carried.

 

Upon being put to the vote, the motion was then carried.

 

Resolved

 

(i)            That Members approve the implementation of a new Community Grant Scheme for 2013/2014 of £50k, financed from the Council’s General Reserve, with grant criteria as outlined in the report (para 6.3);

 

(ii)          That next year’s allocation be considered as part of the total grants budget identified on p369 of the agenda, which should be subject of a report to the next appropriate meeting of the Commissioning Board.

The Head of Environment submitted a report (previously circulated) which recommends, following the introduction of the Scrap Metal Dealers Act 2013, that delegated powers be given to the Licensing Committee in order that it can provide a more robust licensing regime and be allowed to approve proposed fees charged under that process.

 

Councillor Hope moved and Councillor Arnold seconded the recommendations in the report.

 

Upon being put to the vote, the motion was carried.

 

Resolved

 

That the Council give delegated powers to the Licensing Committee to allow the implementation of the provisions contained within the Scrap Metal Dealers Act 2013 and to seek the approval of that Committee for proposed fees to be charged under that process.

The Corporate Director (s151) submitted a report (previously circulated) which considered the proposals for the Council to join a Business Rates Pooling arrangement with other Authorities. Such an arrangement would relate to the ‘retained’ element of the business rates which was now part of the Local Government Finance System.  It also sought officer delegation to respond to consultation on changes to New Homes Bonus from 2015/16.

 

Councillor Paul Andrews moved and Councillor Mrs Cowling seconded the recommendations in the report:

 

“That:

 

(i) delegated authority be given to the Corporate Director (s151) in consultation with the Chairman of the Policy and Resources Committee to join a business rate pool for 2014/15 should he be satisfied that such an arrangement is likely to be in the financial interests of the Council; and

 

(ii) delegated authority be given to the Corporate Director (s151) in consultation with the Resources Working Party to respond to the consultation document ‘New Homes Bonus and the Local Growth Fund’”

 

Councillor Clark moved and Councillor Woodward seconded the following amendment:

 

“To delete “Chairman of the Policy and Resources Committee” in (i) and replace with “Group Leaders”.

 

To add that a report on business rates proposals be brought to January Full Council.”

 

Upon being put to the vote, the amendment was carried.

 

Upon being put to the vote, the substantive motion was then carried.

 

Resolved

 

That:

 

(i)         delegated authority be given to the Corporate Director (s151) in consultation with the Group Leaders to join a business rate pool for 2014/15 should he be satisfied that such an arrangement is likely to be in the financial interests of the Council;

(ii)        delegated authority be given to the Corporate Director (s151) in consultation with the Resources Working Party to respond to the consultation document ‘New Homes Bonus and the Local Growth Fund’;

(iii)       a report on business rates proposals be brought to January Full Council.

 

There being no other business, the meeting closed at 1am.