Agenda and minutes

Council
Thursday, 27th June, 2019 6.30 pm

Venue: Council Chamber, Ryedale House, Malton

Contact: Simon Copley  43277

Recording: Listen to the recording

Items
No. Item

13.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Burr, Middleton and Wass.

14.

Public Question Time

Minutes:

There were no public questions.

15.

Minutes

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 11 April 2019.

Supporting documents:

Minutes:

The minutes of the Ordinary Meeting of Council held on 11 April 2019 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 11 April 2019 be approved and signed by the Chairman as a correct record.

16.

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).

17.

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 Chairman advised that the declarations of all members of North Yorkshire County Council would be taken as given.

 

The following interests were declared:

 

Councillor Paul Andrews declared a personal non-pecuniary but not prejudicial interest in agenda item 10 (Leader’s Statement) as a trustee of the Milton Rooms.

 

Councillor Mackenzie declared a personal non-pecuniary but not prejudicial interest in agenda item 12b (Motion on Notice re: dog warden role) as it was an area he worked in.

18.

Announcements

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

Minutes:

The Chief Executive reported that the Council had not had a Deputy Monitoring Officer for some time and that she had appointed the Democratic Services Manager to this role.

 

The Chairman reminded Members that 3 minutes was the maximum amount of time for speeches and not a target, requesting them to be brief where possible, and ensure everyone was treated civilly and that there was quietness when others were speaking.

19.

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

Minutes:

There were no questions on notice.

20.

Business from the Annual Council Meeting on 16 May 2019: Representation on Outside Organisations

To consider the appointment or nomination of representatives to serve on outside organisations for the forthcoming municipal term 2019/2023.

Supporting documents:

Minutes:

Members considered a list of outside organisations and the appointment or nomination of representatives to serve on the various bodies.

 

             Resolved

 

That the appointment or nomination of representatives to serve on outside organisations be as indicated in Annex A to these minutes.

21.

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

Supporting documents:

Minutes:

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

 

“This chamber looks very different following the elections in May. We’ve lost long-serving and experienced members, but gained others with new perspectives and new ideas.

 

We find ourselves yet again in no overall control. But that does not mean no overall vision and direction.

 

There is lots to do, but I want to focus on four key items we must all urgently take responsibility for:

  • We have danced around the future of Ryedale House for too long. I recently toured this building and was shocked by its condition. It is unfit for purpose and quickly deteriorating after decades of neglect. We need to decide what its future will be before time is allowed to take an even greater toll.
  • Plans to relocate Malton’s livestock market are controversial and costly. There are strong views around this chamber, but we must work to find a way forward.  This council has pledged to take a look at the business case around the relocation, and what role we should play. It would be premature to end that work at this critical point and without finding the answers we are seeking.
  • The Milton Rooms has fantastic potential as a flagship venue in the heart of Ryedale. It should be seen by this council as an asset rather than a liability. We must continue our support, but with due consideration, of course, to ensuring value for Ryedale taxpayers.
  • And finally, but most importantly, we must rebuild the trust of our workforce. Ryedale District Council can achieve nothing without its team of staff. Yet we have let them down over recent years. Now we need to demonstrate our appreciation for their hard work and dedication, and remind ourselves that this council’s greatest asset of all is its people.

In order to deliver over the next four years, on these items and others, we need to also look seriously at our own conduct and behaviour. The time for tricks, games, dithering and party political point scoring is over.

 

I have stated many times, and will state again, that Ryedale requires a “new approach” to doing business. Greater openness and transparency, improved collaboration and goodwill will be vital as we all work together to set policies in the interests of our district.

 

Finally - I wish every member of this council, in every political group, good luck throughout their term in office.”

 

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

 

1.    From Councillor Paul Andrews

 

“I have actually given notice of this question. I am very pleased to read Councillor Duncan's statement and note his support for the Milton Rooms.  I wonder if he is aware that the Milton Rooms applied to Ryedale earlier this year, I think in February, for a grant of £40,000 for improvements to the foyer and the toilets at the Milton Rooms which is the grounds for most of the complaints.  The application was deferred for a consultant’s report on various options,  ...  view the full minutes text for item 21.

22.

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

Planning Committee - 18 June 2019

22a

Minute 22 - The Ryedale Plan: Adoption of the Local Plan Sites Document and Policies Map

Report attached – minute to follow.

Supporting documents:

Minutes:

It was moved by Councillor Goodrick and seconded by Councillor Windress that the following recommendations be approved and adopted.

 

That Council be recommended to adopt the Local Plan Sites Document and Policies Map as part of the development plan for Ryedale.

 

An amendment was moved by Councillor Paul Andrews and seconded by Councillor Thackray:

 

“Allocation SD4 (Ryedale House) be removed from the Plan.”

 

Upon being put to the vote the amendment was lost.

 

Voting Record

2 For

24 Against

1 Abstention

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That Council adopt the Local Plan Sites Document and Policies Map as part of the development plan for Ryedale.

 

Voting Record

24 For

1 Against

2 Abstentions

 

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

Licensing Committee - 18 June 2019

22b

Minute 8 - Licensing Act 2003 - Delegations

Report attached – minute to follow.

Supporting documents:

Minutes:

It was moved by Councillor Windress and seconded by Councillor Goodrick that the following recommendations be approved and adopted.

 

That the Council be recommended to amend the Scheme of Delegation for Officers in the Council’s constitution to reflect the delegations determined by the Licensing Committee.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That Council agree to amend the Scheme of Delegation for Officers in the Council’s constitution to reflect the delegations determined by the Licensing Committee.

 

Voting Record

27 For

0 Against

0 Abstentions

23.

Motions on Notice Submitted Pursuant to Council Procedure Rule 11

23a

Proposed by Councillor Paul Andrews and seconded by Councillor Raine

“In view of the increase in traffic congestion at Malton/Norton likely to be generated by the imminent increase in the number of trains using the Level Crossing at Norton and other matters and the increase and/or likely increase in congestion in Malton/Norton resulting from new development and planned new development; and

 

In view of the impact or potential impact of new development on the quality of air within the Air Quality Management Area on and around Butcher Corner;

and

 

In view of the adverse impact of the Ryedale Plan on the number of sites available for development by small local builders,

 

An independent planning consultant be appointed by the Council Chair in consultation with the Deputy Chief Executive; and

 

the consultant be given immediate and urgent instructions to do all necessary work (including public consultation and reference to any public examination) to advise on and to secure, so far as is practicable, the following:

 

The Ryedale Plan be revised as follows:

 

1.    To restrict the percentage of land to be allocated in Malton and Norton for residential development to zero for the rest of the plan period, following the grant of permission for 1,800 houses for the period commencing 1st April 2012;

2.    To reduce to zero the future proportion of employment land directed to Malton and Norton following the allocation of sites in the allocations document;

3.    To reduce the future proportion of employment and housing land directed to other Ryedale towns following the allocation of sites in the allocations document;

4.    To remove the requirement for a local occupancy condition for dwellings built or to be built in village envelopes;

5.    To expand the existing village envelopes and town development limits, initially to the areas which were included in village envelopes and town development limits prior to the last Ryedale Local Plan (dated 2002);

6.    In order to accommodate demand for development in excess of the numbers currently prescribed in the Ryedale Plan, to expand all village envelopes so as to accommodate at least 60% of all new development for the remainder of the plan period of the Ryedale Plan.

7.    To abolish service villages;

8.    The current local plans allocation document be revised to include a requirement that no land for new development shall be allocated in Malton/Norton  unless it has direct access to a four-way intersection with the A64;

9.    The land allocated for development at Ryedale House be de-allocated;

10.Such other modifications as may be necessary to deal with the above points and to ensure that the villages and country areas of Ryedale take their fair share of new development.”

 

N.B. Members will see that (with the exception of the Ryedale House site) the above proposals will not stop the allocation of sites already identified, but will protect Malton, Norton and other towns from any major developments which may come forward after the land currently identified is exhausted – as the plan now stands Malton and Norton will have to take 50% of all  ...  view the full agenda text for item 23a

Minutes:

“In view of the increase in traffic congestion at Malton/Norton likely to be generated by the imminent increase in the number of trains using the Level Crossing at Norton and other matters and the increase and/or likely increase in congestion in Malton/Norton resulting from new development and planned new development; and

 

In view of the impact or potential impact of new development on the quality of air within the Air Quality Management Area on and around Butcher Corner;

and

 

In view of the adverse impact of the Ryedale Plan on the number of sites available for development by small local builders,

 

An independent planning consultant be appointed by the Council Chair in consultation with the Deputy Chief Executive; and

 

the consultant be given immediate and urgent instructions to do all necessary work (including public consultation and reference to any public examination) to advise on and to secure, so far as is practicable, the following:

 

The Ryedale Plan be revised as follows:

 

1.    To restrict the percentage of land to be allocated in Malton and Norton for residential development to zero for the rest of the plan period, following the grant of permission for 1,800 houses for the period commencing 1st April 2012;

2.    To reduce to zero the future proportion of employment land directed to Malton and Norton following the allocation of sites in the allocations document;

3.    To reduce the future proportion of employment and housing land directed to other Ryedale towns following the allocation of sites in the allocations document;

4.    To remove the requirement for a local occupancy condition for dwellings built or to be built in village envelopes;

5.    To expand the existing village envelopes and town development limits, initially to the areas which were included in village envelopes and town development limits prior to the last Ryedale Local Plan (dated 2002);

6.    In order to accommodate demand for development in excess of the numbers currently prescribed in the Ryedale Plan, to expand all village envelopes so as to accommodate at least 60% of all new development for the remainder of the plan period of the Ryedale Plan.

7.    To abolish service villages;

8.    The current local plans allocation document be revised to include a requirement that no land for new development shall be allocated in Malton/Norton  unless it has direct access to a four-way intersection with the A64;

9.    The land allocated for development at Ryedale House be de-allocated;

10.Such other modifications as may be necessary to deal with the above points and to ensure that the villages and country areas of Ryedale take their fair share of new development.”

 

N.B. Members will see that (with the exception of the Ryedale House site) the above proposals will not stop the allocation of sites already identified, but will protect Malton, Norton and other towns from any major developments which may come forward after the land currently identified is exhausted – as the plan now stands Malton and Norton will have to take 50% of all  ...  view the full minutes text for item 23a

23b

Proposed by Councillor Garbutt Moore and seconded by Councillor Mackenzie

“The T2020 restructure programme left Ryedale without a dog warden. 

This council wants to fully understand the implications of this decision on cases of:

  • Dog fouling
  • Cruelty against dogs
  • Stray dogs
  • Dangerous dogs

and assess whether Ryedale should re-instate the position of a dedicated dog warden.

It therefore calls on the Overview and Scrutiny Committee to look into this at its next meeting.”

Minutes:

“The T2020 restructure programme left Ryedale without a dog warden. 

This council wants to fully understand the implications of this decision on cases of:

  • Dog fouling
  • Cruelty against dogs
  • Stray dogs
  • Dangerous dogs

and assess whether Ryedale should re-instate the position of a dedicated dog warden.

It therefore calls on the Overview and Scrutiny Committee to look into this at its next meeting.”

The proposer of the motion amended the wording with the consent of the seconder and the meeting to replace “Overview and Scrutiny” with “Policy and Resources”.

 

Under Council Procedure Rule 11.4, the motion stood automatically referred to the Policy and Resources Committee.

23c

Proposed by Councillor Goodrick and seconded by Councillor Graham

“Poor road connectivity is holding Ryedale back, suppressing wages and stunting economic growth. Our only strategic road, the A64, is “significantly stressed” according to Highways England.

This council therefore renews its commitment to the dualling of the A64 between York and Scarborough.

But time is of the essence. The Department for Transport will decide this Autumn on its investment priorities, meaning we have just three months to persuade the Government.

We urgently request that the Leader of Council, the Deputy Leader of Council and our officers work with local authorities, business leaders and MPs to pull together the strongest case.

Failure to do so could mean the dualling fails to progress for at least five years. This council does not want to miss out on this window of opportunity to solve the A64 bottleneck once and for all.

Minutes:

“Poor road connectivity is holding Ryedale back, suppressing wages and stunting economic growth. Our only strategic road, the A64, is “significantly stressed” according to Highways England.

This council therefore renews its commitment to the dualling of the A64 between York and Scarborough.

But time is of the essence. The Department for Transport will decide this Autumn on its investment priorities, meaning we have just three months to persuade the Government.

We urgently request that the Leader of Council, the Deputy Leader of Council and our officers work with local authorities, business leaders and MPs to pull together the strongest case.

Failure to do so could mean the dualling fails to progress for at least five years. This council does not want to miss out on this window of opportunity to solve the A64 bottleneck once and for all.

An amendment was moved by Councillor Paul Andrews and seconded by Councillor Keal:

 

Insert (at the end of the fourth paragraph) “to include four way intersections at Musley Bank and Broughton Road at Malton.”

 

Upon being put to the vote the amendment was lost.

 

Voting Record

7 For

14 Against

6 Abstentions

 

A second amendment was moved by Councillor Clark and seconded by Councillor Joy Andrews:

 

“In view of the present Climate Change situation this item is deferred for 5 years then reassessed if appropriate.”

 

Upon being put to the vote the amendment was lost.

 

Recorded vote

For

Councillors Joy Andrews, Brackstone, Clark and Potter

Against

Councillors Paul Andrews, Arnold, Bailey, Cleary, Cussons, Delaney, Docwra, Duncan, Frank, Garbutt Moore, Goodrick, Graham, Hope, Keal, King, Mackenzie, Oxley, Raine, Raper, Riby and Windress

Abstentions

Councillors Mason and Thackray

 

A third amendment was moved by Councillor Potter and seconded by Councillor Brackstone:

 

“No action is taken by RDC on dualling the A64 until it has been through all council procedures including a climate change assessment.”

 

Upon being put to the vote the amendment was lost.

 

Recorded vote

For

Councillors Joy Andrews, Brackstone, Clark, Keal, Mason, Potter, Thackray and Windress

Against

Councillors Paul Andrews, Arnold, Bailey, Cleary, Cussons, Delaney, Docwra, Duncan, Frank, Garbutt Moore, Goodrick, Graham, Hope, King, Mackenzie, Oxley, Raine and Riby

Abstention

Councillor Raper

 

A fourth amendment was moved by Councillor Duncan and seconded by Councillor Oxley:

 

After “This council therefore renews its commitment to the dualling of the A64 between York and Scarborough”, ADD… “and other improvements in between.”

 

Upon being put to the vote the amendment was carried.

 

Voting Record

23 For

0 Against

4 Abstentions

 

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

 

            Resolved

 

            That Council:

 

(i)            renews its commitment to the dualling of the A64 between York and Scarborough and other improvements in between.

(ii)          urgently requests that the Leader of Council, the Deputy Leader of Council and officers work with local authorities, business leaders and MPs to pull together the strongest case.

 

Recorded vote

For

Councillors Paul Andrews, Arnold, Bailey, Cleary, Cussons, Delaney, Docwra, Duncan, Frank, Garbutt Moore, Goodrick, Graham, Hope,  ...  view the full minutes text for item 23c

23d

Proposed by Councillor Keal and seconded by Councillor Arnold

“That an extraordinary meeting of Council be arranged in autumn 2019 to confer the title of Honorary Alderman of Ryedale District Council upon Elizabeth Shields, Brian Maud and Robert Wainwright, pursuant to the provisions of Section 249 of the Local Government Act 1972, in recognition of the eminent service rendered by them as Councillors of the Ryedale District Council.”

Minutes:

“That an extraordinary meeting of Council be arranged in autumn 2019 to confer the title of Honorary Alderman of Ryedale District Council upon Elizabeth Shields, Brian Maud and Robert Wainwright, pursuant to the provisions of Section 249 of the Local Government Act 1972, in recognition of the eminent service rendered by them as Councillors of the Ryedale District Council.”

 

Councillor Arnold also recorded thanks to Linda Cowling for her years of service and contribution to the Council.

 

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

 

            Resolved

 

That an extraordinary meeting of Council be arranged in autumn 2019 to confer the title of Honorary Alderman of Ryedale District Council upon Elizabeth Shields, Brian Maud and Robert Wainwright, pursuant to the provisions of Section 249 of the Local Government Act 1972, in recognition of the eminent service rendered by them as Councillors of the Ryedale District Council.

 

Voting Record

25 For

0 Against

0 Abstentions

23e

Proposed by Councillor Mason and seconded by Councillor Keal

“This Council

 

1.    Notes that the ‘Special Report on Global Warming of 1.5°C’ by the Intergovernmental Panel on Climate Change in October 2018, (a) describes the enormous harm that a 2°C average rise in global temperatures is likely to cause compared with a 1.5°C rise, and (b) confirms that limiting Global Warming to 1.5°C may still be possible with ambitious action from national and sub-national authorities, civil society and the private sector.

 

2.    Notes with concern that the impacts of climate change are already causing serious damage to communities both at home and abroad.

 

3.    Congratulates the government in committing the UK to legally binding targets for carbon reduction and recognises that all levels of government have a duty to act and take a lead on actions within their power.

 

4.    Recognises that a growing number of local authorities have already passed 'Climate Emergency' motions.

 

5.    Recognises that local plans need to be compliant with the National Planning Policy Framework (NPPF) which require local plans to “help to: shape places in ways that contribute to radical reductions in greenhouse gas emissions, minimise vulnerability and improve resilience...”

 

6.    Recognises it will take political will, resources and policy change to tackle climate change and that strong policies to cut emissions also have associated health, wellbeing and economic benefits.

We call on this council to

a.      Declare a ‘Climate Emergency’ that requires urgent and immediate action to achieve net zero carbon emissions across Ryedale by 2030

b.      Establish a Climate Change and Environment Committee (CCEC) to design the policy framework and deliver a climate emergency action plan for net zero emissions by 2030.

c.       Establish a Climate Change Partnership Working Group by autumn 2019 involving councillors, residents, community groups, academics, businesses and other relevant parties to advise the CECC

d.      Recommend that the Chief Executive employs a climate change and environment officer to work with and support councillors and officers to drive forward the climate change action plan.

e.      Ensure that all Council committees consider, in this council term, low carbon design and construction, energy efficiency and renewable energy generation as well as the impact of climate change when reviewing council policies, plans and strategies and that all approaches are in line with a shift to zero carbon by 2030

f.        Take a leadership role in offering vision, direction and support to empower residents, community groups, businesses, partner organisations and other relevant stakeholders to take appropriate action to tackle climate change”

Minutes:

“This Council

 

1.    Notes that the ‘Special Report on Global Warming of 1.5°C’ by the Intergovernmental Panel on Climate Change in October 2018, (a) describes the enormous harm that a 2°C average rise in global temperatures is likely to cause compared with a 1.5°C rise, and (b) confirms that limiting Global Warming to 1.5°C may still be possible with ambitious action from national and sub-national authorities, civil society and the private sector.

 

2.    Notes with concern that the impacts of climate change are already causing serious damage to communities both at home and abroad.

 

3.    Congratulates the government in committing the UK to legally binding targets for carbon reduction and recognises that all levels of government have a duty to act and take a lead on actions within their power.

 

4.    Recognises that a growing number of local authorities have already passed 'Climate Emergency' motions.

 

5.    Recognises that local plans need to be compliant with the National Planning Policy Framework (NPPF) which require local plans to “help to: shape places in ways that contribute to radical reductions in greenhouse gas emissions, minimise vulnerability and improve resilience...”

 

6.    Recognises it will take political will, resources and policy change to tackle climate change and that strong policies to cut emissions also have associated health, wellbeing and economic benefits.

We call on this council to

a.      Declare a ‘Climate Emergency’ that requires urgent and immediate action to achieve net zero carbon emissions across Ryedale by 2030

b.      Establish a Climate Change and Environment Committee (CCEC) to design the policy framework and deliver a climate emergency action plan for net zero emissions by 2030.

c.       Establish a Climate Change Partnership Working Group by autumn 2019 involving councillors, residents, community groups, academics, businesses and other relevant parties to advise the CECC

d.      Recommend that the Chief Executive employs a climate change and environment officer to work with and support councillors and officers to drive forward the climate change action plan.

e.      Ensure that all Council committees consider, in this council term, low carbon design and construction, energy efficiency and renewable energy generation as well as the impact of climate change when reviewing council policies, plans and strategies and that all approaches are in line with a shift to zero carbon by 2030

f.        Take a leadership role in offering vision, direction and support to empower residents, community groups, businesses, partner organisations and other relevant stakeholders to take appropriate action to tackle climate change”

 

Under Council Procedure Rule 11.4, the motion stood automatically referred to the Overview and Scrutiny Committee.

 

Note: Councillor Arnold left the meeting at 9.55pm and Councillors Cussons and Frank left the meeting at 10.10pm.

24.

NYCC Consultation: HGV Weight Restriction on Norton Level Crossing

Supporting documents:

Minutes:

The Head of Planning and Regulatory Services submitted a report (previously circulated) which sought agreement of a consultation response on the future of the HGV weight restriction on Norton Level Crossing.

 

Councillor Duncan moved and Councillor Raper seconded the recommendations in the report:

 

That the proposed response at Appendix 1of the report be agreed as the District Council’s response to the consultation.

 

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

 

            DELETE paragraph 11

 

DELETE in paragraph 12: “Whilst the movement of HGV’s past primary schools and in small villages is not ideal, the District Council is not aware that these roads are unsuitable for HGV traffic or that this has resulted in any deterioration in road safety in these areas.  Additionally, there are no air quality issues with these wider areas.”

 

DELETE paragraph 13 and ADD: “In the face of these concerns and uncertainty over the extent to which improving air quality can be attributed to the restriction itself, the District Council finds no evidence to be able to recommend that the restriction continues on a permanent basis beyond August 2019.”

 

DELETE paragraph 15 and ADD: “A full copy of the draft 2019 Annual Status Report is attached to this letter.”

 

            DELETE paragraph 16

 

Upon being put to the vote the amendment was lost.

 

Recorded vote

For

Councillors Bailey, Delaney, Docwra, Duncan, Garbutt Moore, King and Oxley

Against

Councillors Joy Andrews, Paul Andrews, Brackstone, Clark, Hope, Keal, Mason, Potter, Raine, Raper and Thackray

Abstention

Councillors Cleary, Goodrick, Graham and Riby

 

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

 

Resolved

 

That the proposed response at Appendix 1of the report be agreed as the District Council’s response to the consultation.

 

Recorded vote

For

Councillors Joy Andrews, Paul Andrews, Brackstone, Clark, Keal, Mason, Potter, Raine, Raper and Thackray

Against

Councillors Delaney, Duncan, King and Oxley

Abstention

Councillors Cleary, Goodrick, Graham and Hope

 

Note:  Councillors Bailey, Docwra, Garbutt Moore and Riby left the meeting at 10.45pm.

25.

Any other business that the Chairman decides is urgent

Minutes:

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

Supporting documents: