Agenda and minutes

Apologies for absence were received from Councillors Acomb, Mrs Burr, Ives, Mrs Keal, Maud, Mrs Sanderson, Mrs Shields, Walker and Woodward.

The following public question was submitted by Brian Hewitt:

“What is the current five-year land supply for Ryedale,  how was it calculated, and was it not incompetent of officials to allow it to fall below the minimum prescribed level, thus negating the entire Local Plan Strategy criteria for housing development, rendering Ryedale vulnerable to exploitation by developers,  and over-riding public opinion?”

The Chairman thanked Mr Hewitt for his question and the Chief Executive replied:

“The current five year housing supply is approximately 5.9 years. This is calculated by dividing the number of committed housing plots (1179) by the annual housing figure (200) = 5.895

It was not incompetent of officials to allow it to fall below the minimum prescribed level because the maintenance of a 5 year housing supply relies on sites coming forward for consideration by the Council. Council officers have not ‘let’ housing supply fall below 5 years. It is a function of any new planning applications for housing being approved and how quickly permissions are built. This is a constantly shifting situation. The Council is in a transitional period following the adoption of the Local Plan Strategy but before site specific allocation documents are at an advanced stage. Each application has to be determined in accordance with the development plan unless material considerations indicate otherwise. (Many other Councils find themselves in this position and it is not a unique situation for Ryedale.) Developers are entitled to put in applications for residential development and the Council has a duty to consider them on their merits.

Para 49 of the National Planning Policy Framework (NPPF) sets out that if a Council does not have a 5 year housing supply, then their policies on housing supply should be considered out of date. However this does not means that all other policies in the plan therefore should be considered out of date. Applications are considered against all other relevant policies in the Local Plan Strategy and therefore the plan is not entirely ‘negated’ by the lack of a five year housing supply.

Public views are always sought on planning applications through consultation in accordance with the regulations. All relevant views received from consultation form part of the material considerations to be weighed up as part of the planning judgement.

It should be noted that Central Government circular guidance on planning  has consistently made it clear for many years that strong local opposition to a proposal is not of itself a basis for refusal unless based on proper planning grounds.”

Mr Hewitt then asked a supplementary question:

“Could I ask, were the 5 year land supply requirements satisfied on the 28 August and how was this affected by the adoption of the Local Plan Strategy on 5 September?”

The Head of Planning and Housing replied:

“The answer to the first part of the question, No the five year housing supply was not met on 28 August. In terms of the adoption of the Local Plan Strategy, the Council's target is still 200,  ...  view the full minutes text for item 66.

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 as he had been lobbied by other Members.

Councillor Arnold declared a personal non-pecuniary but not prejudicial interest as he had been lobbied and knew a lot of the people in the room.

Councillor Clark declared a personal non-pecuniary but not prejudicial interest as he had been lobbied.

Councillor Collinson declared a personal non-pecuniary but not prejudicial interest as he had been lobbied.

Councillor Mrs Cowling declared a personal non-pecuniary but not prejudicial interest as she had been lobbied.

Councillor Cussons declared a personal non-pecuniary but not prejudicial interest as he had been lobbied by email and letter, as his nephew owned land to the north of the site and as his neighbour, Mr Shaw, had land adjoining the site.

Councillor Mrs Frank declared a personal non-pecuniary but not prejudicial interest as she had been lobbied.

Councillor Mrs Goodrick declared a personal non-pecuniary but not prejudicial interest as she had been lobbied.

Councillor Hicks declared a personal non-pecuniary but not prejudicial interest as his cousin owned land nearby and his brother owned land the other side of the road.

Councillor Hope declared a personal non-pecuniary but not prejudicial interest as he had been lobbied.

Councillor Raper declared a personal non-pecuniary but not prejudicial interest as he had been lobbied by email and letter.

Councillor Richardson declared a personal non-pecuniary but not prejudicial interest as he had been lobbied and as a resident of Kirkbymoorside.

Councillor Ward declared a personal non-pecuniary but not prejudicial interest as a resident of Kirkbymoorside and a member of the Town Council.

Councillor Windress declared a personal non-pecuniary but not prejudicial interest as he had been lobbied.

Proposed by Councillor Clark and seconded by Councillor Ward.

The five members below wish to call an Extraordinary Full Council preferably in Kirbymoorside. This Council to debate the Gladman application at Kirbymoorside (1300342/MOUT).

We wish to consider the decision taken on the 28^th August 2013. As a result the Council resolves to approve the following:

        i.            Instruct the Chief Executive to proceed with revocation of  the decision

and

      ii.            To not contest the Judicial Review that is expected on this planning application.

[Signatories requesting extraordinary Council meeting:  J Clark, S Ward, T Woodward, J Andrews, L Richardson.]

NB    In considering the above Motion on Notice, Council Members are requested to have due regard to the following Officer reports which are attached to this agenda:-

(i)            The Monitoring Officer’s report (Appendix 1)

(ii)          The Corporate Director (Section 151) Officer’s report (Appendix 2)

1.     It was moved by Councillor Clark and seconded by Councillor Ward

“The five members below wish to call an Extraordinary Full Council preferably in Kirbymoorside. This Council to debate the Gladman application at Kirbymoorside (1300342/MOUT).

We wish to consider the decision taken on the 28^th August 2013. As a result the Council resolves to approve the following:

        i.            Instruct the Chief Executive to proceed with revocation of  the decision

and

      ii.            To not contest the Judicial Review that is expected on this planning application.”

In considering the above Motion on Notice, Members were requested to have due regard to the following Officer reports which were attached to the agenda and were presented to the meeting by the relevant officers:

(i)            The Monitoring Officer’s report (Appendix 1)

(ii)          The Corporate Director (Section 151) Officer’s report (Appendix 2)

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

To delete (i) and replace (ii) with

“To authorise the Chief Executive to use her delegated authority to respond to the judicial review in the best interests of the Council and residents of Ryedale as a whole.”

Upon being put to the vote the amendment was carried.

Recorded Vote

For

Councillors Arnold, Bailey, Collinson, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hawkins, Hicks, Hope, Mrs Hopkinson, Raper, Wainwright and Windress.

Against

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

Abstentions

None.

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

Recorded Vote

For

Councillors Arnold, Bailey, Collinson, Mrs Cowling, Cussons, Mrs Frank, Fraser, Mrs Goodrick, Hawkins, Hicks, Hope, Mrs Hopkinson, Raper, Wainwright and Windress.

Against

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

Abstentions

None.

Resolved

“The five members below wish to call an Extraordinary Full Council preferably in Kirbymoorside. This Council to debate the Gladman application at Kirbymoorside (1300342/MOUT).

We wish to consider the decision taken on the 28^th August 2013. As a result the Council resolves to approve the following:

To authorise the Chief Executive to use her delegated authority to respond to the judicial review in the best interests of the Council and residents of Ryedale as a whole.”

The meeting closed at 9.32pm.