Agenda and minutes

Council
Thursday, 5th September, 2019 6.30 pm

Venue: Council Chamber, Ryedale House, Malton

Contact: Simon Copley  43277

Recording: Listen to the recording

Items
No. Item

26.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Graham, Keal, King and Raper.

27.

Public Question Time

Minutes:

There were no public questions.

28.

Minutes

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 27 June 2019.

Supporting documents:

Minutes:

The minutes of the Ordinary Meeting of Council held on 27 June 2019 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 27 June 2019  be approved and signed by the Chairman as a correct record.

29.

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).

30.

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 Bailey declared a personal pecuniary but prejudicial interest in item 11b as Chair of the North York Moors National Park Committee.

 

Councillor Frank declared a personal pecuniary but prejudicial interest in item 11b as a member of the North York Moors National Park Committee.

 

Councillor P Andrews declared a personal non-pecuniary but not prejudicial interest in item 11b as an attendee at anti-fracking groups.

 

Councillor Mason declared a personal non-pecuniary but not prejudicial interest in item 11b as an attendee at anti-fracking groups.

31.

Announcements

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

Minutes:

There were no announcements.

32.

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.

33.

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:

 

“Our district faces a number of significant economic challenges: low wages, high house prices and poor connectivity. We must step up our action against these issues by attracting investment, securing jobs and ensuring our district stays affordable for future generations. Four months into this council, we’re already making progress:

Economic development

Under the leadership of our new programme director, we are assembling a dedicated economic development team of five (its four new posts) officers who will work to support business, attract tourists, shape our arts offer and boost our market towns. This extra resource will hopefully pay almost immediate dividends, with projects expected to come forward very shortly.

LEP

We have secured a seat on the Board of the Local Enterprise Partnership for the first time. The challenge is, as always, to identify key schemes and prepare ‘shovel ready’ bids for consideration. We’ve already successfully received funding in recent years, but we can do better by being more ambitious.

A64

Dualling the A64 is the key infrastructure priority for Ryedale. The Government unveiled last month a £22m upgrade including safety improvements at Crambeck and Rillington. But there is still no decision yet on the dualling between Hopgrove and Barton Hill. Tom Paul, CEO of Kingspan, is the new chair of the A64 Growth Partnership and we’re working closely together to make the strongest possible case along with councillors, businessmen and representatives of our tourist industry.

Housing

Our Local Plan is now sealed, and we are lucky as an authority to have a plan stretching to 2027. Work begins now on reviewing our Plan to ensure it remains fit for purpose into the future. Ryedale District Council is also expanding its own housing stock, with the former Railway Tavern in Norton to be transformed into seven self-contained flats. We need to decide if this is a project we wish to emulate elsewhere, and exactly what this council’s role in housing supply should be in the future.

Our staff

The council is working to set the highest standard as an employer in its own right. We are seeking to ‘grow our own’, with our HR manager developing policies and procedures aimed at attracting and retaining talent, recruiting a cohort of graduate trainees and providing a new package of benefits to our employees.

There is still more to do, and I welcome the input from all members as we work to ensure Ryedale is a great place to live, visit and do business.”

 

The Leader then added the following:

 

However there are a few small additions that I would like to make and they're actually thank yous to some people - Members of this Council. The first is Cllr Paul Andrews for meeting with me to discuss the Milton Rooms and giving me an insight into the work that is going on there. He intended to ask me a question on the Milton Rooms and gave me advance notice of  ...  view the full minutes text for item 33.

34.

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

Policy and Resources Committee - 4 July 2019

34a

Minute 28 - Funding for Malton, Norton and Old Malton Flood Alleviation Scheme

Note - An assessment of the impact of the scheme on climate change has been provided as requested by the Overview and Scrutiny Committee at its meeting on 24July 2019.

Supporting documents:

Minutes:

An assessment of the impact of the scheme on climate change had been provided as requested by the Overview and Scrutiny Committee at its meeting on 24July 2019.

 

It was moved by Councillor Duncan and seconded by Councillor Arnold that the following recommendations be approved and adopted.

 

That Council be recommended to approve:

 

A 20% contribution towards the Malton, Norton and Old Malton Flood Alleviation Scheme (MNOMFAS) up to a maximum of £320,000 from the New Homes Bonus Reserve.

 

Councillor Thackray proposed and Cllr Burr seconded the following amendment:

 

2.1 To recommend to Council a 20% contribution towards the Malton, Norton and Old Malton Flood Alleviation Scheme (MNOMFAS)up to a maximum of £320,000 from the New Homes Bonus Reserve on condition that the temporary diesel powered pump deployments on Castlegate, Sheepfoot Hill and Chandlers Wharf, Malton be replaced by the installation of permanent three phase electrically powered pumps in order to protect the health of the public by preventing exposure to dangerous concentrations of nitrogen dioxide, provided we receive a positive report on the costs and practicality of three phase pumps.

 

Upon being put to the vote the amendment was carried.

 

Voting record

Unanimous

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That Council approve:

 

A 20% contribution towards the Malton, Norton and Old Malton Flood Alleviation Scheme (MNOMFAS) up to a maximum of £320,000 from the New Homes Bonus Reserve on condition that the temporary diesel powered pump deployments on Castlegate, Sheepfoot Hill and Chandlers Wharf, Malton be replaced by the installation of permanent three phase electrically powered pumps in order to protect the health of the public by preventing exposure to dangerous concentrations of nitrogen dioxide , provided we receive a positive report on the costs and practicality of three phase pumps.

 

Voting record

Unanimous

Policy and Resources Committee - 25 July 2019

34b

Minute 32a - Responsibility for Planning Policy

Supporting documents:

Minutes:

It was moved by Councillor Duncan and seconded by Councillor Arnold that the following recommendations be approved and adopted.

 

That Council be recommended to approve:

 

That the responsibility for planning policy be moved from the Planning Committee to Policy and Resources Committee and the Constitution be amended as required. Policy and Resources Committee to appoint a working party made up of members of both the Planning Committee and Policy and Resources Committee to consider planning policy.

 

Councillor Clark proposed and Councillor Potter seconded the following amendment:

 

Add:

 

Prior to any decisions on Planning Policy this Council would like to express its sincere gratitude to Councillor Goodrick for her work on delivering the sites document which ‘luckily’ runs to 2027.

 

Upon being put to the vote the amendment was carried.

 

Recorded vote

For

Councillors Oxley, Cleary, J Andrews, Arnold, Brackstone, Burr, Clark, Cusssons, Delaney, Docwra, Duncan, Hope, Mackenzie, Mason, Potter, Frank, Riby, Thackray, Wass and Windress

 

Against

Councillors Bailey, Garbutt Moore and Middleton

 

Abstention

Councillors P Andrews, Raine and Goodrick

 

Upon being put to the vote the motion was carried.

 

Resolved

 

Prior to any decisions on Planning Policy this Council would like to express its sincere gratitude to Councillor Goodrick for her work on delivering the sites document which ‘luckily’ runs to 2027.

 

That Council approve that the responsibility for planning policy be moved from the Planning Committee to Policy and Resources Committee and the Constitution be amended as required. Policy and Resources Committee to appoint a working party made up of members of both the Planning Committee and Policy and Resources Committee to consider planning policy.

 

Recorded vote

For

Councillors Oxley, P Andrews, Arnold, Bailey, Cussons, Delaney, Docwra, Duncan, Garbutt Moore, Hope, Mackenzie, Middleton, Frank and Windress

Against

Councillors J Andrews, Brackstone, Burr, Clark, Mason, Potter, Riby, Thackray and Wass

Abstention

Councillors Cleary, Raine and Goodrick

34c

Minute 32b - Substitutes at Sub-Committees

Note - Once moved and seconded, this recommendation stands adjourned without discussion to the next Ordinary Meeting of Full Council, under Council Procedure Rule 23.2.

 

Supporting documents:

Minutes:

It was moved by Councillor Duncan and seconded by Councillor Mackenzie that the following recommendations be approved and adopted.

 

            That Council be recommended:

 

To approve the changes set out in Appendix 1 of this report to make explicit provision for substitutes at the Corporate Governance Standards Sub-Committee specifically and at sub-committees generally.

 

The recommendations then stood adjourned without discussion to the next Ordinary Meeting of Full Council, under Council Procedure Rule 23.2.

34d

Minute 32c - Management of Meetings

Note - Once moved and seconded, this recommendation stands adjourned without discussion to the next Ordinary Meeting of Full Council, under Council Procedure Rule 23.2.

Supporting documents:

Minutes:

It was moved by Councillor Duncan and seconded by Councillor Arnold that the following recommendations be approved and adopted.

 

            That Council be recommended:

 

(1)       That recommendation (i) of the final report of the Scrutiny Review on Meeting Start Times and Management of Meetings, below, is not approved.

          Recommendation: (i) That the Constitution be amended to change the order of business for Full Council to put items for decision first.

(2)       That recommendation (ii) of the final report of the Scrutiny Review on Meeting Start Times and Management of Meetings, below, is not approved.

          Recommendation: (ii) That the Constitution be amended to bring forward the guillotine, so that it takes effect after 3 hours.

(3)       That recommendation (iii) of the final report of the Scrutiny Review on Meeting Start Times and Management of Meetings, below, is not approved.

          Recommendation: (iii) That the Constitution be amended to require corrections to the minutes to be submitted in writing in advance of the meeting.

(4)       That recommendation (iv) of the final report of the Scrutiny Review on Meeting Start Times and Management of Meetings, below, is not approved.

          Recommendation: (iv) That working practices be amended so that questions to officers have to be dealt with ahead of, rather than during, meetings of Full Council.

(5)       That recommendation (v) of the final report of the Scrutiny Review on Meeting Start Times and Management of Meetings, below, is approved so that the Rules of Procedure are amended to include provision for members to receive a written statement from the Leader of Council with the agenda.

          Recommendation: (v) That the Constitution be amended to require the circulation of the Leader’s Statement with the agenda.

(6)       That recommendation (vi) of the final report of the Scrutiny Review on Meeting Start Times and Management of Meetings, below, is approved and it is confirmed by Council that it is preferable for the Leader’s Statement not to be read out at meetings save for in exceptional circumstances.

          Recommendation: (vi) That working practices be amended to stop reading out the Leader’s Statement at meetings of Full Council.

(7)       That written notice of questions on the Leader’s Statement at Council is not required.

(8)       That indicative timings for items of business on meeting agendas are not introduced.

 

The recommendations then stood adjourned without discussion to the next Ordinary Meeting of Full Council, under Council Procedure Rule 23.2.

35.

Minute 36 - Developing the Council Plan 2019/23

Supporting documents:

Minutes:

It was moved by Councillor Duncan and seconded by Councillor Arnold that the following recommendations be approved and adopted.

 

That Council be recommended to approve:

 

That this be a Part B item, to enable all elected Members of Ryedale District Council to decide the process and the outcome.

 

An amendment was moved by Councillor Clark and seconded by Councillor J Andrews:

 

Delete:

 

That this be a Part B item, to enable

 

Add:

 

Starting with a Members facilitated forum

 

Upon being put to the vote the amendment was lost.

 

Recorded vote

For

Councillors J Andrews, P Andrews, Bailey, Brackstone, Burr, Clark, Raine, Mason, Potter, Riby, Thackray and Wass

Against

Councillors Oxley, Cleary, Arnold, Cussons, Delaney, Docwra, Duncan, Garbutt Moore, Goodrick, Hope, Mackenzie, Middleton, Frank and Windress

 

Upon being put to the vote the motion was lost.

 

Resolved

 

That Council not approve:

 

That this be a Part B item, to enable all elected Members of Ryedale District Council to decide the process and the outcome.

 

Voting record

1 For

24 Against

1 Abstention

 

At 10.10pm, the meeting closed, under Council Procedure Rule 8.1, with the remaining business to be considered at the next Ordinary Meeting of Council on 10 October 2019.

35a

Minute 39 - Treasury Management Annual Report 2018 - 2019

Supporting documents:

Minutes:

This item had not been considered when the meeting closed, under Council Procedure Rule 8.1 and would be considered at the next Ordinary Meeting of Council.

36.

Motions on Notice Submitted Pursuant to Council Procedure Rule 11

36a

Proposed by Councillor Paul Andrews and seconded by Councillor Raine

Referred by Full Council on 27 June 2019 and considered by Planning Committee on 13 August 2019

 

(Officer report and recommendation from Planning Committee attached, details of motion below.)

 

“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  ...  view the full agenda text for item 36a

Supporting documents:

Minutes:

This item had not been considered when the meeting closed, under Council Procedure Rule 8.1 and would be considered at the next Ordinary Meeting of Council.

37.

Proposed by Councillor Oxley and seconded by Councillor Delaney

“In October 2015 Ryedale District Council approved a motion calling for a moratorium of 5 years on fracking.

 

Whilst there is still time to run on this moratorium we now have a new Council and it would seem appropriate to review our position.

 

There is still much debate and discussion on hydraulic fracturing and no definitive answers on the many implications of the process.

 

Given this, and taking into consideration the importance of tourism and the natural environment to people and the local economy, Ryedale District Council should extend the moratorium for the life of this Council.

 

As before the position to be reconsidered if sufficient evidence becomes available on the impact of the process.”

Minutes:

At the decision of the Chairman, this item was considered earlier in the agenda.

 

Proposed by Councillor Oxley and seconded by Councillor Delaney.

 

“In October 2015 Ryedale District Council approved a motion calling for a moratorium of 5 years on fracking. Whilst there is still time to run on this moratorium we now have a new Council and it would seem appropriate to review our position. There is still much debate and discussion on hydraulic fracturing and no definitive answers on the many implications of the process. Given this, and taking into consideration the importance of tourism and the natural environment to people and the local economy, Ryedale District Council should extend the moratorium for the life of this Council. As before the position to be reconsidered if sufficient evidence becomes available on the impact of the process.”

 

An amendment was moved by Councillor P Andrews and seconded by Councillor Burr:

 

“The Council would wish to put on record its thanks to the councillors who have fought against fracking in the courts and at the Public Examination into the North Yorkshire Minerals Plan, and to everybody who contributed to the anti-fracking cause, including members of the public who engaged in lawful direct action.

 

Council requests the Leader of the Council write to the Government stating this position.”

 

Upon being put to the vote the amendment was carried.

 

An amendment was moved by Councillor Mason and seconded by Councillor Thackray.

 

Delete” for the life of this Council”

Add “indefinitely”

 

Upon being put to the vote the amendment was carried.

 

An amendment was moved by Councillor Clark and seconded by Councillor Potter.

 

Delete “for the life of this Council”

Add “review in 2050 in climate change terms”

 

Upon being put to the vote the amendment was carried.

 

An amendment was moved by Councillor Clark and seconded by Councillor Potter.

 

Delete “moratorium” and replace with “complete ban”.

 

Upon being put to the vote the amendment was lost.

 

Recorded vote

For: Councillors J Andrews, P Andrews, Brackstone, Burr, Clark, Raine, Hope, Mason, Potter, Thackray and Wass.

Against: Councillors Arnold, Bailey, Cussons, Delaney, Dowcra, Duncan, Garbutt Moore, Goodrick, Mackenzie, Middleton, Oxley and Riby.

Abstentions: Councillors Cleary, Frank and Windress

 

Councillor Duncan proposed and Councillor Dowcra seconded that the question now be put.

 

Upon being put to the vote the question was put.

 

Recorded vote

For: Councillors P Andrews, Arnold, Bailey, Burr, Cleary, Cussons, Delaney, Dowcra, Duncan, Frank, Garbutt Moore, Goodrick, Hope, Mackenzie, Mason, Middleton, Raine, Riby and Thackray

Against: Councillors J Andrews, Brackstone, Clark, Potter and Wass.

Abstentions: Councillor Windress

 

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

 

Resolved

 

In October 2015 Ryedale District Council approved a motion calling for a moratorium of 5 years on fracking.

 

Whilst there is still time to run on this moratorium we now have a new Council and it would seem appropriate to review our position.

 

There is still much debate and discussion on hydraulic fracturing and no definitive answers on the  ...  view the full minutes text for item 37.

38.

Appointment of an Independent Remuneration Panel

Note – owing to the timing of the recruitment and appointment process for the Panel, this report has been brought direct to Full Council, without prior consideration at the Policy and Resources Committee.

Supporting documents:

Minutes:

This item had not been considered when the meeting closed, under Council Procedure Rule 8.1 and would be considered at the next Ordinary Meeting of Council.

39.

Any other business that the Chairman decides is urgent

Minutes:

There being no other business, the meeting closed at 10:10pm.