Agenda and minutes

Council
Thursday, 8th October, 2015 6.30 pm

Venue: Council Chamber, Ryedale House, Malton

Contact: Simon Copley  277

Recording: Listen to the recording

Items
No. Item

42.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Evans.

43.

Public Question Time

Minutes:

The following public question was submitted by Simon Thackray:

 

"In order to protect the health of the people of Ryedale, and the residents of Malton and Norton and Old Malton in particular, will this Council please give an assurance that it will not, either now or in the future, approve any development that is predicted to cause, or is likely to cause, the air quality within the Malton AQMA to breach, or continue to breach, the EU limit value for the concentration of Nitrogen Dioxide, and EU laws on air quality?"

 

The Chairman thanked Simon Thackray for his question and replied:

 

"The District Council cannot make a decision on a planning application before hearing all the facts.

 

The question is framed in a yes/no way . The  answer to the question is that if the Planning Committee is satisfied that any proposed development causes demonstrable unacceptable harm in air quality terms which is supported by expert opinion,  it is open to the Planning Committee to refuse the planning application.

 

The answer below describes how the planning system determines if proposed development causes unacceptable harm which justifies refusal.

 

It is by going through due process of determining a planning application having regard to all material planning considerations that the Planning Committee reaches a yes/no answer to a planning application by means of approval or refusal.

 

It is important at the outset to note that  planning decisions are made:-

 

·         on their merits;

·         on planning grounds;

·         by Members with an open mind and after considering all the evidence;

·         in the public interest and not as a result of any private interest.

 

The Planning Committee cannot adopt a blanket policy of opposition to any matter related to a planning application before hearing the facts of the case.

 

The starting point in considering planning applications is planning policy  at both the National level and the local plan level.

 

At the local level the Ryedale Plan contains policies on Air Quality issues.

 

In relation to air quality issues the Air Quality policies contained in the Ryedale Plan use the  word ‘acceptable’ as the standard that proposed development needs to meet before it is approved .

 

Planning applications may include supporting evidence including technical impact assessments . The District Council receives expert advice on matters of air quality from suitably qualified and experienced environmental health officers and/or consultants.

 

The Planning Committee or a Planning  Inspector on appeal can be faced with representations expressing the fears of residents on air quality issues and the expert evidence on the issue of air quality which may be contrary to the residents fears. The decision maker needs to decide what weight to give those representations in the decision making balance before reaching a decision.

 

In the High Court case of Trevett v. Secretary of State relating to a judicial review of three inspector’s decisions in Stroud, Mr Justice Sullivan, as he then was, gave advice to decision makers faced with this kind of situation in the context of telecommunication masts  ...  view the full minutes text for item 43.

44.

Minutes

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 3 September 2015.

Supporting documents:

Minutes:

The minutes of the Ordinary Meeting of Council held on 3 September 2015 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 3 September 2015 be approved and signed by the Chairman as a correct record.

 

Recorded Vote

 

For

Councillors Acomb, Steve Arnold, Val Arnold, Bailey, Cleary, Cowling, Cussons, Duncan, Farnell, Frank, Gardiner, Goodrick, Hope, Ives, Jainu-Deen, Maud, Oxley, Raper, Sanderson, Shields and Wainwright.

 

Against

Councillors Joy Andrews, Clark and Thornton.

 

Abstentions

Councillors Paul Andrews, Burr, Jowitt, Keal and Windress.

45.

Urgent Business

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.

Minutes:

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).

46.

Declarations of Interest

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.

Minutes:

The following interests were declared:

 

Councillor Paul Andrews declared a personal non-pecuniary but not prejudicial interest in Agenda Item 10 - Minute 24 (Land at Wentworth Street, Malton), as a supporter of the business community in Ryedale and Malton, and Agenda Item 11 (Notices on Motion), as he had been involved in the campaign against fracking.

 

Councillor Val Arnold declared a personal non-pecuniary but not prejudicial interest in Agenda Item 11 (Notices on Motion) as a North Yorkshire County Councillor, but not a member of its Planning Committee.

 

Councillor Clark declared a personal non-pecuniary but not prejudicial interest in Agenda Item 11 (Notices on Motion) as a North Yorkshire County Councillor, but not a member of its Planning Committee.

 

Councillor Keal declared a personal non-pecuniary but not prejudicial interest in Agenda Item 11 (Notices on Motion) as she had been involved in the campaign against fracking.

 

Councillor Sanderson declared a personal non-pecuniary but not prejudicial interest in Agenda Item 11 (Notices on Motion) as a North Yorkshire County Councillor.

 

Councillor Shields declared a personal non-pecuniary but not prejudicial interest in Agenda Item 11 (Notices on Motion) as a North Yorkshire County Councillor.

 

Councillor Thornton declared a personal non-pecuniary but not prejudicial interest in Agenda Item 11 (Notices on Motion) as he had been busy with fracking, attempting to find the truth for and against.

 

All Members present declared that they had been lobbied in relation to Agenda Item 10 - Minute 24 (Land at Wentworth Street, Malton) and Agenda Item 11 (Notices on Motion).

47.

Announcements

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

Minutes:

The Chairman made the following announcement:

 

·         That Helmsley was in the final for the market town category of the Great British High Street and that Members could vote for it in the competition and encourage others to do so.

48.

To Receive any Questions submitted by Members Pursuant to Council Procedure Rule 10.2 (Questions on Notice at Full Council)

From Cllr Clark to the Chair of Planning

 

Have you reconsidered your position as Chair of Planning?

 

From Cllr Clark to the Chair of Planning

 

Could the Chair of Planning please inform Council why he has not with his committee produced a policy on fracking for Ryedale?

Minutes:

1.         Councillor Clark submitted the following question:

To Councillor Windress, Chairman of Planning Committee:

Have you reconsidered your position as Chair of Planning?”

 

The Chairman of Planning Committee, Councillor Windress replied

If I thought I needed to consider my position as Chairman of RDC's Planning Committee, I would not need prompting from the Leader of the Liberal Party."

 

Councillor Clark asked the following supplementary question:

“On the basis that your predecessor needed several promptings, I hope for your sake that you are right but on the basis that so far the planning decisions, £200,000 plus on the 2 Wentworth Street car park planning applications,  £600,000 plus on affordable housing and public open space that other Council's didn't fall into, that's £1.1 million that we didn't need to have wasted - how big has that number got to get before you reconsider your position?"

 

Councillor Windress replied:

"Firstly I was not Chairman on either of the Wentworth Street planning committees, although I did chair the second one but it was as Vice Chairman...The £600,000 was not my decision, it was a Council decision  - Full Council not Planning Committee."

 

2.         Councillor Clark submitted the following question:

To Councillor Windress, Chairman of Planning Committee:

Could the Chair of Planning please inform Council why he has not with his committee produced a policy on fracking for Ryedale?"

 

The Chairman of Planning Committee, Councillor Windress replied

"RDC are not the mineral authority. If RDC were the mineral authority a policy on this would have been in the Ryedale Local Plan. Perhaps Councillor Clark could tell us what the present policy on fracking at NYCC is, as they are the mineral authority?"

 

Councillor Clark responded:

"I would be delighted to tell you what the fracking policy is at NYCC as the mineral authority, unfortunately they haven't got one but they have a policy that emerges on 20th of this month so Cllr Windress does that not give you 12 days to have a policy on fracking for Ryedale. 12 days to emerge and I think it'll take a little bit of time other than the moratorium we've got as a guidance to produce a policy so that you can feed that policy into your committee's decisions on what to recommend to NYCC where not one fracking well is proposed, not one tens, not one in hundreds but thousands or several thousands come forward. I do suggest to you seriously, it would be a good idea. We've done this tonight in a hurry, in a rush because it needs to be done for a couple of weeks time but it would be invaluable to Ryedale, invaluable to our industry in Ryedale if we could have a policy put through the system led by yourself please."

49.

To Receive a Statement from the Leader of the Council and to Receive Questions and Give Answers on that Statement

Supporting documents:

Minutes:

This item of business was not considered at the meeting as the guillotine had fallen, with the duration of the meeting having exceeded three and a half hours.

50.

To consider for Approval the Recommendations in respect of the following Part 'B' Committee Items:

Policy and Resources Committee – 24 September 2015

 

Minute 23 - Exempt Information (page 21)

 

Minute 24 – Land at Wentworth Street, Malton including the Motion on Notice proposed by Councillor Paul Andrews and seconded by Councillor Burr (page 21)

 

Note:

 

A redacted public version of the report regarding the above item is attached.  The full exempt version was circulated to all Members ahead of Policy and Resources Committee.

 

Minute 25 – Budget Strategy 2016/17 (page 39)

Supporting documents:

Minutes:

Policy and Resources Committee – 24 September 2015

 

Minute 23 - Exempt Information

 

The meeting did not move into exempt session.

 

Minute 24 – Land at Wentworth Street, Malton including the Motion on Notice proposed by Councillor Paul Andrews and seconded by Councillor Burr

 

It was moved by Councillor Cowling and seconded by Councillor Arnold that the following recommendations of the Policy and Resources Committee be approved and adopted.

 

That Council be recommended:

 

            That the following motion not be approved;

 

"The Council is asked to resolve that as:

- Clarification is needed for the business community in Malton and Ryedale

- The Contract for the sale of WSCP to GMI is due to expire (unless renewed) on 4 May 2015; and

- The Contract cannot be completed until GMI can provide a superstore developer to build a superstore on WSCP, and to date GMI have failed to comply with this condition; and

- WSCP is, by reason inter alia of its location and absence of direct access to the A64, not a prime site for a superstore; and

- The recent collapse of the market for new superstores is a permanent change in the business environment

 

The Council therefore resolves not to renew the contract to sell WSCP to GMI."

 

An amendment was moved by Councillor Duncan and seconded by Councillor Goodrick:

 

            "To remove the words which state that the following motion not be    approved and add after the resolves to terminate the contract:

 

            This Council investigate other options available for the development of        the Wentworth Street Car Park site.  Any future plans for development            on this site should have support from a cross section of the people of       Malton and Norton, and the people of Ryedale as a whole."

 

Upon being put to the vote the amendment was lost.

 

Voting Record

11 For

12 Against

3 Abstentions

 

Upon being put to the vote the motion was carried.

 

Resolved

 

       (i)  That the following motion not be approved;

 

"The Council is asked to resolve that as:

- Clarification is needed for the business community in Malton and Ryedale

- The Contract for the sale of WSCP to GMI is due to expire (unless renewed) on 4 May 2015; and

- The Contract cannot be completed until GMI can provide a superstore developer to build a superstore on WSCP, and to date GMI have failed to comply with this condition; and

- WSCP is, by reason inter alia of its location and absence of direct access to the A64, not a prime site for a superstore; and

- The recent collapse of the market for new superstores is a permanent change in the business environment

 

The Council therefore resolves not to renew the contract to sell WSCP to GMI."

 

Recorded Vote

 

For

Councillors Steve Arnold, Val Arnold, Bailey, Cowling, Cussons, Farnell, Frank, Hope, Jainu-Deen, Keal, Wainwright and Windress.

 

Against

Councillors Joy Andrews, Paul Andrews, Burr, Clark, Cleary, Duncan, Goodrick, Ives, Jowitt, Maud and Thornton.

 

Abstentions  ...  view the full minutes text for item 50.

51.

Notices on Motion Submitted Pursuant to Council Procedure Rule 11

Proposed by Councillor Clark and seconded by Councillor Joy Andrews.

 

RDC is a consultee for the planning application currently in front of NYCC to perform a test frack and go into production for up to 9 years at the KM8 site in Kirby Misperton.  The Planning Committee must discuss this by mid October in order that they can offer a view.  RDC has no policy on fracking.  The eyes of the country and the world will be watching with interest in the decision making process and we have yet to debate this issue.  It is complex and of great significance for the future of Ryedale at many levels not least its economy, jobs, health and potential costs to the council.  This process is now in its 11th hour so we must avoid losing our voice by taking it past midnight.  This issue must therefore be debated on the 8th October 2015.  If we do not debate the issues at this point then the voice of Ryedale people will become muted in the decision making process at NYCC.

 

On the scientific evidence to date Ryedale Liberals believe that the case for fracking is not made.

·         84% of peer reviewed science shows significant risks or impacts on health.

·         88% shows risks and impacts on air quality.

·         66% shows risks to water quality.

·         The impact on agriculture is not known but is liable to be negative.

·         The impact on tourism is not known but is liable to be negative.

·         The impact in traffic is not known but is liable to be large.

 

This council therefore resolves:

 

(i)         On the present information available RDC calls for a 5 year moratorium on            fracking in Ryedale.  When sufficient evidence becomes available RDC can        reconsider its policy.

 

(ii)        It therefore calls upon the Planning Committee to take this decision into      account when making its recommendation to NYCC on the KM8 planning       application.

 

Note :

 

(i) The motion on notice calls for a moratorium of five years on fracking  which would        fetter the Council's discretion to  make a consultation response after  considering         all         representations from statutory and non statutory consultees. The District      Council meeting on 17 February 2015 considered a Monitoring Officers report      on   the legal principles that need to be observed by the District Council in        decision           making. A copy of the report is attached on the agenda at page 51.

 

(ii) The Planning Committee will be considering the matter as a consultee.

Supporting documents:

Minutes:

A procedural motion was moved by Councillor Paul Andrews and seconded by Councillor Burr to suspend standing order 11.4 to allow the notice on motion to be discussed.

 

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

 

Voting Record

17 For

11 Against

1 Abstentions

 

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

 

"RDC is a consultee for the planning application currently in front of NYCC to perform a test frack and go into production for up to 9 years at the KM8 site in Kirby Misperton.  The Planning Committee must discuss this by mid October in order that they can offer a view.  RDC has no policy on fracking.  The eyes of the country and the world will be watching with interest in the decision making process and we have yet to debate this issue.  It is complex and of great significance for the future of Ryedale at many levels not least its economy, jobs, health and potential costs to the council.  This process is now in its 11th hour so we must avoid losing our voice by taking it past midnight.  This issue must therefore be debated on the 8th October 2015.  If we do not debate the issues at this point then the voice of Ryedale people will become muted in the decision making process at NYCC.

 

On the scientific evidence to date Ryedale Liberals believe that the case for fracking is not made.

·         84% of peer reviewed science shows significant risks or impacts on health.

·         88% shows risks and impacts on air quality.

·         66% shows risks to water quality.

·         The impact on agriculture is not known but is liable to be negative.

·         The impact on tourism is not known but is liable to be negative.

·         The impact in traffic is not known but is liable to be large.

 

This council therefore resolves:

 

(i)         On the present information available RDC calls for a 5 year moratorium     on fracking in Ryedale.  When sufficient evidence becomes         available        RDC can reconsider its policy.

 

(ii)        It therefore calls upon the Planning Committee to take this decision into    account when making its recommendation to NYCC on the KM8          planning application."

 

The Council Solicitor and Monitoring Officer advised Members of Council that Members of the Planning Committee wishing to participate at a future meeting of the Planning Committee on the consultation response on the fracking planning application would need to keep an open mind and reserve their final decision on the issue of fracking until the Planning committee meeting when they have the Officer report and all the available facts.

 

Members of the Planning Committee were advised not to reach a final decision on the issue of fracking before they have received the officers report and all the facts available to Members of the Planning Committee meeting.

 

If Members of the Planning Committee were able to keep an open mind  they would be able to participate at a future meeting of the Planning  ...  view the full minutes text for item 51.

52.

Any other business that the Chairman decides is urgent.

Minutes:

There being no other business, the meeting closed at 11.02pm.

Supporting documents: