Minutes:
The Monitoring Officer presented his report under Section 5 of the Local Government and Housing Act 1998 relating to item (iv) on the agenda.
The Monitoring Officer presented his report under Section 5 of the Local Government and Housing Act 1998 relating to item (iv) on the agenda.
Members of Council were asked to consider the Monitoring Officer’s report in relation to the Motion on Notice received on Friday 21 November 2014 which was Item 4 (iv) on the agenda and part of which was as follows:
“ 1. Ryedale District Council completely opposes all Fracking in Ryedale”
Council was advised that the contents of the report should not be interpreted as favouring any side in the fracking debate. The central focus of the report was on the legal constraints that the Council must comply with in its decision making process.
The Monitoring Officer advised Members of Council that the proposed motion would be unlawful for the following two reasons:
one but cannot dictate the result to the exclusion of all other factors, before coming to a decision. Most notable is that of planning both in its role as statutory consultee on County and Park applications for minerals and waste, and as local planning authority where it has to determine applications itself. In all such cases, it must take its decision having had regard to all material considerations, and cannot decide them simply on the basis of policy.
b. It is so absolute that it unreasonably fetters the Council's discretion when it comes to deal with any matter related to fracking.
The Monitoring Officer also advised Members of Council that in his professional opinion the adoption of an unlawful blanket policy in relation to fracking had potentially serious legal implications for both the District Council and Members of the District Council personally which were set out in the report .
The Monitoring Officer further advised Members of Council that they had a statutory duty under section 5 (5) of the Local Government and Housing Act 1989 to consider the contents of the report before voting on Councillor Clark’s motion.
Councillor Mrs Cowling moved and Councillor Arnold seconded the following motion:
“That Council receives the Monitoring Officer’s report and notes the recommendations”
Councillor Clark moved and Councillor Woodward seconded the following amendment:
“That Council receives the Monitoring Officer’s report and notes the recommendations and refers the report back to the Monitoring Officer to consider amendment/deletion to those parts of his report that do not comply with the business of tonights meeting”
On being put to the vote, this amendment was lost.
Recorded Vote
For
Councillors Joy Andrews, Paul Andrews, Mrs Burr, Clark, Collinson, Mrs Keal, Richardson, Walker, Ward, Woodward.
Against
Councillors Acomb, Arnold, Bailey, Mrs Cowling, Cussons, Mrs Frank, Mrs Goodrick, Hawkins, Hicks, Hope, Ives, Maud, Mrs Sanderson, Wainwright, Windress.
Abstentions
Councillors Mrs Hopkinson, Mrs Shields.
Upon being put to the vote the recommended resolution in relation to the Monitoring Officer’s Report was then carried.
Recorded Vote
For
Councillors Acomb, Arnold, Bailey, Mrs Cowling, Cussons, Mrs Frank, Mrs Goodrick, Hawkins, Hicks, Hope, Ives, Maud, Mrs Sanderson, Mrs Shields, Wainwright, Windress.
Against
Councillors Joy Andrews, Paul Andrews, Mrs Burr, Clark, Collinson, Mrs Keal, Richardson, Walker, Ward, Woodward
Abstentions
Councillor Mrs Hopkinson
Resolved
That Council receives the Monitoring Officer’s report and notes the recommendations
Supporting documents: