Thursday 31 January 2008
Council Chamber, Ryedale House, Malton
Present
Councillors Mrs Cowling (in the Chair), Mrs Arnold, Clark, MrsDe Wend Fenton, Frank, Hemesley, Mrs Hodgson, Hope, Mrs Keal andMaud.
By Invitation of theChairman: CouncillorsAndrews and Mrs Shields
Overview & ScrutinyObserver: Councillor Jackson
In Attendance
Mrs L Carter, Miss S Clark, R Etherington, Mrs M Jackson, PLong, A Richards, S Richmond, Ms S Ward and Miss J Waggott.
Minutes
413. Apology for Absence
An apology for absence was received from CouncillorBailey.
414. Minutes
The minutes of an ordinary meeting of the Community Services& Licensing Committee held on
29 November 2007. and the minutes of aSpecial Meeting of the Committee held on
20 December 2007. (previously circulated)were presented.
Resolved
That the minutes of an ordinary meeting ofthe Community Services & Licensing Committee held on 29November 2007 and the minutes of a special meeting of the Committeeheld on 20 December 2007 be approved and signed by the Chairman asa correct record.
415. Minutes – Community Leisure WorkingParty
The minutes of meetings of the Community Leisure Working Partyheld on
4December 2007 and
22January 2008 were submitted (previously circulated).
With reference to the minutes of the meeting held on 22January 2008, it was noted that two Working Party Members had beenpresent at the meeting and two apologies for absence had beenreceived. In the circumstances it was suggested that these minutesbe referred back to the next meeting of the Working Party. FourMembers were currently appointed to the Working Party and it wassuggested that this number should be increased. It was agreed thatCouncillor Clark be appointed to the Working Party.
Resolved
(a) That the minutes of a meeting of theCommunity Leisure Working Party held on 4 December 2007 assubmitted be endorsed.
(b) That the minutes of the meeting of theCommunity Leisure Working Party held on 22 January 2008 be referredback to the next meeting of the Working Party.
(c) That Councillor Clark be appointed tothe Community Leisure Working Party.
416. Urgent Business
The Chairman reported that there were no items to beconsidered as a matter of urgency by virtue of Section 100B(4)(b)of the Local Government Act 1972.
417. Declarations of Interest
In accordance with the Members’ Code of Conduct the followingdeclarations of interest were made:
| Item 6 | Councillor Mrs Frank declared a personal interest in the item,as a member of the Moors & Coast Tourism Partnership |
| Item 7 & 8 | Councillor Andrews declared a personal interest in the items,as he is a member of the Car Park Action Group. |
| Item 8 | Councillor Mrs Keal declared a personal and prejudicialinterest in the item as a resident of St Nicholas Street,Norton |
| Item 12 | Councillor Mrs Keal declared a personal and prejudicialinterest in the item as she is employed by the EnvironmentAgency |
| Item 8 | Councillor Mrs Arnold declared a personal interest in the itemas she is a North Yorkshire County Councillor |
| Item 11 | Councillors Maud and Mrs Arnold declared personal interests inthe item as members of Safer Ryedale |
| Item 14 | Councillor Maud declared a personal interest in the item ashis brother is a taxi operator. |
418. Ryedale District Council’s Commitment to theYorkshire Moors and Coast Tourism Partnership2008-13
The Tourism Officer submitted a report (previouslycirculated), which sought approval to transfer an agreed amountfrom the tourism budget to the Yorkshire Moors and Coast TourismPartnership (YMCTP) and extend the secondment of the tourismofficers to the partnership. The Corporate Director reported that,if approved, it would be necessary to refer the report to thePolicy & Resources Committee.
The Council had participated in the establishment andactivities of the YMCTP since its establishment in April 2006. InJune 2007 the Community Services & Licensing Committeeauthorised the transfer of £49,580 from the tourism budget to theYMCTP for the period up to an including the financial year 2009/10.The YMCTP received funding from Yorkshire Forward of £166,000 foreach of the three years and a potential £168,666 in year 2009/10,subject to the Partnership achieving its objectives.
The report provided details of the progress made by thePartnership in 2007/08 and recommended continued support for thePartnership.
The Tourism Officer reported that approval to transfer tourismstaff and authorisation to extend the period of transfer of thetourism budget would:
- Enable the YMCTP to continue to provide a more comprehensiveservice
- Enable the YMCPT to strategically plan for a longer term,introduce and participate in longer term projects
- Increase resources for tourism services
- Maximise its ability to attract further funding from YorkshireForward
- Risk is managed through Service Level Agreements
In considering the report Members suggested that it would beuseful to have a Member Briefing on the YMCTP. The Tourism Officerreported that this could be arranged.
Resolved
That the recommendation be endorsed andthat the Policy & Resources Committee be recommended toauthorise the transfer of £129,298 from the tourism budget andapprove the secondment of the Tourism Officers to the YMCTP for theperiod 2008-13, subject to review in line with financial planningas outlined in the report.
NB In accordance with the Members’ Code of Conduct CouncillorMrs Frank declared a personal interest in the above item, as she isa member of the Yorkshire Moors and Coast TourismPartnership.
419. Wentworth Street Trial
The Commercial Services Manager submitted a report (previouslycirculated) the purpose of which was to provide Members with theresults of recent consultation with businesses and an analysis ofsales during the recently ended trial of reduced rate parking inWentworth Street Car Park, Malton.
Prior to presentation of the report by the Commercial ServicesManager, and at the invitation of the Chairman of the Committee,Councillor Andrews gave a presentation on the Wentworth Streettrial. The presentation outlined the views and comments of the CarPark Fees Action Group; the Group was of the opinion that thematter should be referred to the Overview & Scrutiny Committeefor detailed examination. A letter submitted by Malton Town Councilwas circulated at the meeting, which also supported this course ofaction.
The Commercial Services Manager then presented the report,which outlined the effects on income and ticket sales throughoutall ca parks in Malton over the trial period. It also analysed theresponses received from local businesses in Malton Town Centre to aquestionnaire the purpose of which was to evaluate the success ofthe reduced price parking trial in Wentworth Street car park,Malton.
The report detailed the following:
- Results of the Consultation
- Income and ticket analysis
- Potential competition
- Car Parking research
The report concluded that the trial had failed to meet thecriteria of success laid out; income and ticket sales hadnoticeably reduced over the trial period. Responses to thequestionnaire indicated that the trial had little impact onturnover or footfall. 83% of respondents had not noticed or did notknow if there had been any increase in their turnover as a resultof the trial.
In considering the report, it was moved by Councillor Maud andseconded by Councillor Mrs De Wend Fenton that the report bereferred to the Overview & Scrutiny Committee for detailedexamination. Upon being put to the vote the motion was lost. It wasthen moved and seconded that the recommendations in the report beapproved.
Resolved
(a) That tariffs on Wentworth Street carpark remain as those currently in operation for the year 2007/08,and amended as agreed by the budget setting process for2008/09.
(b) That the option of businesses sellingpermits be explored as part of the review of criteria of permitusage as agreed at Community Services & Licensing CommitteeNovember 2007.
(c) That the Car Park Strategy beimplemented.
NB In accordance with the Members’ Code of Conduct, CouncillorAndrews declared a personal interest in the above item, as he is amember of the Car Park Action Group.
420. St Nicholas Street Car Park
The Commercial Services Manager submitted a report (previouslycirculated) in connection with the findings of the research andconsultation undertaken to date and to determine a future strategyon the potential introduction of charges on St Nicholas Street carpark, Norton-on-Derwent.
Members were reminded that it had previously been agreed that‘subject to satisfactory resolution of issues relating to parkingprovision for adjacent residents and users of the Derwent Pool, theintroduction of charges at St Nicholas Street be accepted inprinciple’. St Nicholas Street car park was the only Council ownedoff-street car park where parking was free of charge.
A summary of the key issues was given in the report. Aprogress report had been submitted to the Community Services &Licensing Committee on 5 October 2006, detailing the consultationundertaken with various stakeholders. This included a survey of useof the car park and representation of the views of:
- Norton Town Council
- The Police and North Yorkshire County Council
- Community Leisure Ltd
- Cultural Services
The Committee had agreed to consult with residents ofspecified streets adjacent to the car park and with localbusinesses in Norton-on-Derwent. This process had been carried outin June/July 2007. In October 2007 further consultation had beenundertaken with North Yorkshire County Council, North YorkshirePolice, the Car Park Action Group and local members regarding theirviews and to share the findings of the survey.
The report updated Members with the results of the latestresearch and the consultation undertaken with residents, businessesand stakeholders in Norton, and provided options regarding theintroduction of charges on St Nicholas Street car park asfollows:
- Car Park Action Group Consultation
- North Yorkshire County Council and North Yorkshire Police
- Residents’ Parking Zones
- Leisure Provision
- Car Parking Research
The report concluded that the challenge regarding theintroduction of charging on St Nicholas Street car park was tosatisfy the conflicting requirements of current car park users. Forthe introduction of charging to successful and to limit thepotential for cars to be displaced onto neighbouring streets,residents’ parking zones or amendment to the Traffic RegulationOrder must be considered essential in order to prevent congestion,enhance potential income and importantly to obtain the NorthYorkshire County Council’s consent, as Highway Authority, to theintroduction of charging.
Councillor Clark expressed concern regarding the proposal torefund Derwent Pool customers with the cost of parking. CouncillorClark was of the opinion that as Community Leisure Ltd was not partof the Council, the refund of parking charges was a matter for themto implement.
Councillor Andrews was of the opinion that any chargesintroduced at St Nicholas Street should be nominal.
Resolved
(a) That charges be implemented on StNicholas Street car park, Norton-on-Derwent providing that, inpartnership with North Yorkshire County Council, a Resident ParkingScheme/amendment of the Traffic Regulation Order can be ratified inorder to prevent displacement of cars onto neighbouringstreets.
(b) That NYCC, in liaison with RDCofficers, to carry out a survey of residents in regard to thefeasibility of a residents parking scheme, to include St NicholasStreet, Bruntwood Terrace, Derwent Terrace and Church Street.
(c) That, prior to (b) being carried out,detailed Legal advice to be sought regarding potential implicationsof providing reserved car parking for residents of BruntwoodTerrace and the implications of provision of resident parkingschemes.
(d) That, assuming (a) can be progressedand charging can be implemented, the following be agreed inprinciple:
(i) Refunding the full cost of parking forCommunity Leisure users
(ii) Charges to be limited to between9.00am and 4.00pm Monday to Saturday
(iii) By comparison with other RDC carparks, tariffs should be cheaper for short stay and as expensivefor long stay in order to encourage turnaround
NB1 In accordance with the Members’ Code of Conduct CouncillorAndrews declared a personal interest in the above item as a memberof the Car Park Action Group. Councillor Mrs Keal declared apersonal and prejudicial interest in the item as a resident of StNicholas Street.
NB2 Councillor Clark recorded his vote against part (d)(i)above.
421. Community Leisure Ltd Grant Aid2008/09
The Culture & Tourism Services Manager submitted a report(previously circulated) which sought approval of the CommunityLeisure Ltd (CLL) grant aid for the period 1 April 2008 to 31 March2009.
The report outlined the Community Leisure’s Strategic Plan2008-2009 together with details of their grant request. TheStrategic Plan 2008/09, which replaced the former ‘OperationalStrategy’, had been received in draft in December 2007 and had beenconsidered at the last meeting of the Community Leisure WorkingParty. A grant request had been submitted in the sum of £293,150for the period 2008/2009. The increase in grant represented a 7.3%increase on the previous year’s allocation, which reflected theincreased costs of energy provision.
Councillor Clark was of the opinion that more detail wasrequired before the grant request was approved and accordinglymoved that the words ‘in principle’ be added to the recommendation.The proposal was not seconded.
It was moved and seconded that the recommendation beapproved.
Resolved
That the grant request in the sum of£293,150 submitted by Community Leisure Ltd for the financial year2008/09 be approved.
NB Councillor Clark recorded his vote against the abovedecision on the basis that further information was required.
422. Housing Strategy Action Plan
The Housing Services Manager submitted a report (previouslycirculated), the purpose of which was to present a draft HousingStrategy Action Plan, which subject to Members’ comments, wouldinform the Housing Strategy.
The Housing Strategy was an over-arching document thatreviewed housing related issues in the District and set out housingpolicies to address those issues. It was the key strategy documentwithin the context of which further specific policies andstrategies were identified and produced. The Action Plan providedthe detailed framework as to how the issues identified were to beaddressed and allowed for these to be monitored assessed.
The Housing Strategy was subject to scrutiny by GovernmentOffice and must pass the test of being ‘fit for purpose’. Thereport outlined the issues considered by Government Office inmaking the assessment.
In considering the report Councillor Mrs Shields referred tothe semi-detached properties adjacent to Malton Police Station,which had been empty for some time. Councillor Mrs Shields reportedthat she had previously contacted the Chief Inspector expressingconcern regarding the situation and suggesting that the housescould provide valuable accommodation for homeless families in theDistrict. It was agreed that the Chief Executive be requested towrite to the North Yorkshire Police and the North Yorkshire PoliceAuthority in order to further explore the situation.
Resolved
(a) That the draft Housing Strategy ActionPlan as submitted be approved.
(b) That the Chief Executive write toNorth Yorkshire Police and the Police Authority regarding the emptyproperties adjacent to Malton Police Station.
423. Anti Social Behaviour Policy – Ryedale DistrictCouncil Anti Social Behaviour Policy - HousingServices and RDC Managed Properties
Report. (PDF,21k),
Annex A.(PDF, 30k),
Annex B.(PDF, 47k),
Annex C.(PDF, 8k),
Annex D.(PDF, 10k) and
Annex E.(PDF, 8k)
The Crime & Disorder Officer submitted a report(previously circulated), which sought approval of the above AntiSocial Behaviour policies.
The Policies provided guidance for members of the publicliving, visiting or working in Ryedale and Council staff, on theCouncil’s procedures for dealing with complaints relating to antisocial behaviour. Adoption of the Policies supported sustainedenforcement action with regard to the control and reduction of antisocial behaviour in Ryedale. The Policies had been developed toensure a firm consistent approach to enforcement action by theCouncil, the policies were appended to the report.
Resolved
That the Ryedale District Council AntiSocial Behaviour Policy and the Housing Services Anti SocialBehaviour Policy as submitted be approved.
424. Review of Contaminated LandStrategy
The Environmental Health Manager submitted a report(previously circulated), which detailed progress on theimplementation of the Strategy for the identification andinspection of contaminated land and which sought approval of thereview of the Strategy.
The Strategy provided a framework for the rational approach tothe identification and assessment of potential contaminated land.It sought to ensure that approach was proportionate to the risk andresources were concentrated on investigating areas where theAuthority was most likely to identify contaminated land. In theevent of land being determined contaminated under the provisions ofthe regulatory regime, remediation of the land to prevent linkagesto vulnerable receptors would be investigated.
The Contaminated Land Strategy required annual review.Priority was to be given to potentially contaminated sites throughthe Development Control route. Any additional resources would befocused on sites identified as high priority.
Resolved
That the Contaminated Land Strategy berevised in accordance with section 7.7 of the report and thetimetable at Annex A of the report.
425. Statutory Code of Practice forRegulators
The Environmental Health Manager submitted a report(previously circulated) the purpose of which was to inform Membersof the Statutory Code of Practice for Regulators and itsimplication for local authority regulatory services. TheEnvironmental Health Service had a number of enforcement policiesthat required amending to encompass the requirements of the newStatutory Code of Practice. By delegating this function to theEnvironmental Health Manager there would be no need to bring theseto the Committee for individual approval.
The Regulators’ Compliance Code was a central part of theGovernment’s better regulation agenda. Its aim was to embed arisk-based, proportionate and targeted approach to regulatoryinspection and enforcement among the regulators to which itapplied. The Environmental Health Service already incorporated suchapproaches in their approach to enforcement but would need to amendthe general enforcement code of practice and specific enforcementpolicies to embed all the requirements of the new Code.
Resolved
That the Environmental Health Manager bedelegated to amend all Environmental Health Enforcement Policiesand Code of Practice to incorporate the requirements of theStatutory Code of Practice for Regulators.
426. Repeal of Section 75 – Seven Day ContractExemption - Taxi Licensing
The Taxi Licensing Officer submitted a report (previouslycirculated) the purpose of which was to inform Members of changesto legislation effective from 28 January 2008 governing thelicensing of private hire and hackney carriage vehicles and toensure that the new legislation was placed in the public domain toraise the awareness of those affected.
Currently, under Section 75(1)(b) of the Local Government(Miscellaneous Provisions) Act 1976 vehicles could engage incontracts lasting less than seven days hire without the vehicle ordriver being licensed with the local authority. With effect from 28January 2008, the repeal of Section 75 would require certainvehicles and drivers to be licensed, where this requirement hadpreviously not applied.
The types of vehicles affected by the new legislation werelikely to be hospital cars, airport transfer services, hotel carsand chauffeur driver vehicles. It was anticipated that the Councilwould not be significantly affected by the change in legislation,as the Taxi Licensing Section was not aware of any operatorsrelying on the exemption rules in Section 75. The report outlinedthe measures undertaken to publicise the change in legislation. Inaddition, the report outlined the proposed transitional licensingarrangements with regard to age limits on vehicles.
Resolved
(a) That the Repeal of Section 75(1)(b) ofThe Local Government (Miscellaneous Provisions) Act 1976 by Section53 of the Road Safety Act 2006 affecting seven day contracts benoted.
(b) That the action taken to publicise thechanges in the legislation and the transitional licensingarrangements as outlined in the report be endorsed.