Agenda and minutes

Council
Thursday, 6th September, 2018 6.30 pm

Venue: Council Chamber, Ryedale House, Malton

Contact: Simon Copley  277

Recording: Listen to the recording

Items
No. Item

22.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Burr.

23.

Public Question Time

Minutes:

The following public question was submitted by Simon Thackray:

 

HGV livestock traffic currently entering Malton from the B1257 Broughton Road, in order to access Malton livestock market on Horsemarket Road, travels along Mount Crescent, Middlecave Road and Victoria Road.

 

Assuming that the same HGV livestock traffic, that currently enters Malton from the B1257 Broughton Road, re-routes along Newbiggin and Wheelgate to Butcher Corner, in order to travel through Old Malton to the new livestock market at Eden Camp, how will the council prevent further increases in the concentration of NO2 in the Malton AQMA, and on Wheelgate in particular?”

 

The Chairman thanked Mr Thackray for his question and replied:

 

“At present, livestock market traffic from the majority of the approaches to Malton access the existing Livestock Market site through the town centre and Air Quality Management Area.

 

The relocation of the market to Eden Camp would result in a redistribution of livestock market traffic across the local highway network. The location of the new facility would mean that users of the market which travel from the east, north and south would be able to access the facility without the need to drive through the central network and the Air Quality Management Area. In addition Livestock Market traffic from the B1257 would have a choice of accessing Eden Camp via Highfield Road and could avoid Wheelgate and Butcher Corner.

 

It is not unreasonable to assume that the location of the new facility would remove a significant proportion of the existing livestock market traffic in the Air Quality Management Area.

 

The Council will continue to monitor air quality within the Air Quality Management Area and will work with partners to continue to implement the air quality action plan in order to improve air quality.”

 

Mr Thackray then asked a supplementary question:

 

“A new livestock market on land adjoining Eden Camp could result in the rerouting of HGV livestock transport vehicles from the B1257 Broughton Road onto Pasture Land and Highfield Road, passing a junior school and a primary school. In light of the concerns of members including Cllr Duncan, well photographed in the Gazette last week, about the disastrous knock on effects and negative impact of the Norton level crossing HGV restriction, what additional measures, I think the answer you've already given me is no, will the Council put in place to restrict and/or prevent the rerouting of HGV livestock vehicles along unsuitable roads and through highly sensitive town centre locations? Would I be right in assuming you're not going to do anything?”

 

The Chairman agreed that a written reply would be provided.

24.

Minutes

To approve as a correct record the minutes of the Ordinary Meeting of Council held on 28 June 2018.

Supporting documents:

Minutes:

The minutes of the Ordinary Meeting of Council held on 28 June 2018 were presented.

 

Resolved

 

That the minutes of the Ordinary Meeting of Council held on 28 June 2018 be approved and signed by the Chairman as a correct record.

25.

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).

26.

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 the first motion under agenda item 10 as he was taking legal action regarding the government proposals to change the mineral planning process.

 

Councillor Bailey declared a personal non-pecuniary but not prejudicial interest in the first motion under agenda item 10 as the Chairman of the North York Moors National Park Authority, which was one of the partners in the Minerals and Waste Joint Plan.

 

The Chairman also noted that there were a number of Members who were North Yorkshire County Councillors.

27.

Announcements

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

Minutes:

The Chairman made the following announcements:

·         To thank Clare Slater for her work as Chief Executive (Interim) and look forward to her return to work as Deputy Chief Executive;

·         To announce that the Council had been awarded the Armed Forces Bronze Certificate.

 

Councillor Hope passed on his wife’s thanks for Members’ good wishes and support following her riding accident.

 

The Chief Executive made the following announcement:

·         That the briefing on the Local Fund for Ryedale was to be moved from Wednesday 12 September 2018 to be part of the Resources Working Party on Thursday 13 September 2018 unless Members had any objections.  (There were no objections.)

28.

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

1.      To Councillor Clark, Chairman of the Overview and Scrutiny Committee, from Councillor Wainwright:

 

"Would Councillor Clark please inform Members of the progress made by his Scrutiny Committee into the investigation of alleged bullying of Officers at Ryedale District Council?" 

 

2.      To Councillor Ives, Chairman of the Policy and Resources Committee, from Councillor Wainwright:

 

“Would the Chairman of P & R update members on the Streetscene Review including recruitment and the procurement of new refuse and recycling vehicles?”

Minutes:

1.         Councillor Wainwright submitted the following question:

To Councillor Clark, Chairman of the Overview and Scrutiny Committee:

"Would Councillor Clark please inform Members of the progress made by his Scrutiny Committee into the investigation of alleged bullying of Officers at Ryedale District Council?" 

 

The Chairman of the Overview and Scrutiny Committee, Councillor Clark replied:

“Maybe to improve his question over the years it really is not “his committee”, i.e. my committee, it is Ryedale District Council's committee of which I chair. The answer to your question unfortunately is, I am unable to answer that question at this point.”

 

Councillor Wainwright asked the following supplementary question:

“At the Full Council meeting in June of last year you allocated £10,000 to investigate any bullying at RDC and you stated at that time that you would report back to Full Council as a matter of urgency. 16 months have passed and no report. Don't you think Councillor Clark that you're being grossly unfair and unsupportive of those alleged to have been bullied by not producing an open report with some suggestions as to how the bullying can be prevented. From past experience you're very good at putting off decisions, perhaps you'll not produce a full report by the next Council in October or even the next Full Council after that in December and by then you'll have the good excuse of not producing the report because it's too near the election of Councillors in May and then you'll say we'll put off a decision to produce a report for the next Full Council. When will a final report be published and when will it be made available to Council Members, the press and the general public?”

 

Councillor Clark replied:

I probably need to expand a little bit on my previous answer for you then. You are aware of the exempt items that prevent me from telling you more - that's the first part. The second part is this report, I didn't say it would be done urgently - no I did not - the request came from Full Council to do it as a matter of urgency and I accept that it has to be done as quickly as possible but it has to be done according to due process. It cannot be done ignoring rules on exempt, it cannot be done in a hurry, because if you do that you're not doing it properly and for someone who voted against it being looked into and for someone who denied there could be anything remotely like that subject for 2 years in Full Council before we got to this stage, it is smileable that you wish it to be done quickly whatever the cost. It will be done properly and you Councillor Wainwright, are aware of two of the holding up factors with it. Both are in exempt - I cannot say more, I do not intend to say anymore, you are aware of that and on that basis I look forward  ...  view the full minutes text for item 28.

29.

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

Licensing Committee – 8 May 2018

 

Minute 29 - Gambling Act 2005 - Updated Statement of Principles (page 13)

 

Licensing Committee – 3 July 2018

 

Minute 6 - The Licensing Act 2003 - Updated Statement of Licensing Policy (page 51)

 

Policy and Resources Committee – 26 July 2018

 

Minute 20 – Malton and Norton Infrastructure and Connectivity Improvements Study (page 105)

 

Minute 21 – Malton Livestock Market (page 161)

 

Links to:

 

·         Malton and Norton Infrastructure and Connectivity Improvements Study – Options Assessment Final Report

·         Malton and Norton Infrastructure and Connectivity Improvements Study – Final Appendices

Supporting documents:

Minutes:

Licensing Committee – 8 May 2018

 

Minute 29 - Gambling Act 2005 - Updated Statement of Principles

 

It was moved by Councillor Farnell and seconded by Councillor Windress that the following recommendations of the Licensing Committee be approved and adopted.

 

That the Gambling Act Updated Statement of Principles be submitted to Full Council and be recommended for adoption.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That the Gambling Act Updated Statement of Principles be adopted.

 

Voting Record

27 For

0 Against

2 Abstentions

 

Licensing Committee – 3 July 2018

 

Minute 6 - The Licensing Act 2003 - Updated Statement of Licensing Policy

 

It was moved by Councillor Farnell and seconded by Councillor Windress that the following recommendations of the Licensing Committee be approved and adopted.

 

(i) That the Licencing Act 2003 – the Statement of Licencing Policy (as amended) be approved for adoption which will become effective from 1 March 2019;

 

(ii)That Members approve the setting up of a feasibility study to investigate the possibility of excluding certain categories of premises from the need for a Late Night Refreshment Licence.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

(i) That the Licencing Act 2003 – the Statement of Licencing Policy (as amended) be approved for adoption which will become effective from 1 March 2019;

 

(ii)That Members approve the setting up of a feasibility study to investigate the possibility of excluding certain categories of premises from the need for a Late Night Refreshment Licence.

 

Voting Record

29 For

0 Against

0 Abstentions

 

Policy and Resources Committee – 26 July 2018

 

Minute 20 – Malton and Norton Infrastructure and Connectivity Improvements Study

 

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

 

That Council:

 

(i)        Endorses the Malton and Norton Infrastructure and Connectivity Improvements Study and agrees to working in partnership with NYCC, and other stakeholders as appropriate, to prioritise and develop the recommended work streams via the Malton and Norton Connectivity Working Group (cross-authority officer working group];

 

(ii)       Authorises Officers to immediately progress work, in partnership with NYCC Highways Area Office, to develop and implement the proposals for potential ‘quick wins’ (see Annex 2) in advance of additional rail services commencing in December 2019;

 

(iii)      Agrees that the above Working Group considers any supplementary proposals from the public and partners, which were not considered during development of the Connectivity Study, as part of its on-going work stream;

 

Defers points (iv) and (v) until a later Committee meeting, pending further information from North Yorkshire.

 

Councillor Paul Andrews moved and Councillor Jowitt seconded the following amendment:

 

“The Officer Group report on a quarterly basis to a politically proportionate working group of Members.”

 

Upon being put to the vote the amendment was lost.

 

Recorded Vote

For

Councillors Joy Andrews, Paul Andrews, Clark, Jowitt, Di Keal, Maud, Potter, Elizabeth Shields and Thornton.

 

Against

Councillors Steve Arnold,  ...  view the full minutes text for item 29.

30.

Notices on Motion Submitted Pursuant to Council Procedure Rule 11

1.  Proposed by Councillor Potter and seconded by Councillor Joy Andrews

 

The government has put forward proposals via a Written Ministerial Statement (WMS) to allow the exploration phase of hydraulic fracturing (fracking) to be allowed under Permitted Development (PD), therefore requiring no planning permission.  They also propose to bring the production phase of fracking under Nationally Significant Infrastructure Projects (NSIP), to be decided centrally by government and the planning inspectorate, thus taking decisions away from local control.  These proposals would over-ride local plans, local planning and local democratic decisions, including those within North Yorkshire.

 

The Minerals and Waste Joint Plan (MWJP) was jointly produced by NYCC, CYC and NYMNPA with considerable expenditure and officer time over several years.  The plan was subject to extensive consultation with all stakeholders and the public.  It was judged by a government appointed independent planning inspector to be sound, legal and compliant with national policy at an Examination in Public (EIP).

 

Therefore:

 

1.    This council endorses local control of fracking by Mineral Planning Authorities;

 

2.    This council supports the current North Yorkshire MWJP and the definitions within it;

 

3.    Council instructs our planning officers to respond to the government consultation accordingly, by rejecting the changes proposed for PD and NSIP as inappropriate and with the view that the North Yorkshire MWJP should have primacy for all planning decisions at all stages of fracking;

 

4.    Ryedale District Council requests NYCC to support this opposition to government policy.

 

2.  Proposed by Councillor Clark and seconded by Councillor Thornton

 

There is increasing doubt about the environmental and health safety of glyphosate.  A recent case related to the use of glyphosate resulted in a fine of £200m+.

 

On this basis it would seem prudent for the Council to cease any further use.

 

This Council therefore resolves:

 

          i.   To stop with immediate effect all use of glyphosate on its properties including car parks, roads and pavements.

         ii.   Call upon NYCC to not use glyphosate on NYCC properties, roads and pavements.

 

Minutes:

1.     It was moved by Councillor Potter and seconded by Councillor Joy Andrews

 

“The government has put forward proposals via a Written Ministerial Statement (WMS) to allow the exploration phase of hydraulic fracturing (fracking) to be allowed under Permitted Development (PD), therefore requiring no planning permission.  They also propose to bring the production phase of fracking under Nationally Significant Infrastructure Projects (NSIP), to be decided centrally by government and the planning inspectorate, thus taking decisions away from local control.  These proposals would over-ride local plans, local planning and local democratic decisions, including those within North Yorkshire.

 

The Minerals and Waste Joint Plan (MWJP) was jointly produced by NYCC, CYC and NYMNPA with considerable expenditure and officer time over several years.  The plan was subject to extensive consultation with all stakeholders and the public.  It was judged by a government appointed independent planning inspector to be sound, legal and compliant with national policy at an Examination in Public (EIP).

 

Therefore:

 

1.    This council endorses local control of fracking by Mineral Planning Authorities;

 

2.    This council supports the current North Yorkshire MWJP and the definitions within it;

 

3.    Council instructs our planning officers to respond to the government consultation accordingly, by rejecting the changes proposed for PD and NSIP as inappropriate and with the view that the North Yorkshire MWJP should have primacy for all planning decisions at all stages of fracking;

 

4.    Ryedale District Council requests NYCC to support this opposition to government policy.”

 

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

 

Recorded Vote

For

Councillors Acomb, Joy Andrews, Paul Andrews, Steve Arnold, Val Arnold, Bailey, Clark, Cleary, Cowling, Cussons, Duncan, Farnell, Frank, Gardiner, Goodrick, Hope, Ives, Jainu-Deen, Jowitt, Di Keal, Maud, Oxley, Potter, Sanderson, Elizabeth Shields, Thornton, Wainwright and Windress.

 

Against

None.

 

Abstentions

Councillor Raper.

 

Resolved

 

1.         This council endorses local control of fracking by Mineral Planning Authorities;

 

2.         This council supports the current North Yorkshire MWJP and the definitions within it;

 

3.         Council instructs our planning officers to respond to the government consultation accordingly, by rejecting the changes proposed for PD and NSIP as inappropriate and with the view that the North Yorkshire MWJP should have primacy for all planning decisions at all stages of fracking;

 

4.         Ryedale District Council requests NYCC to support this opposition to government policy.

 

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

 

“There is increasing doubt about the environmental and health safety of glyphosate.  A recent case related to the use of glyphosate resulted in a fine of £200m+.

 

On this basis it would seem prudent for the Council to cease any further use.

 

This Council therefore resolves:

 

          i.   To stop with immediate effect all use of glyphosate on its properties including car parks, roads and pavements.

         ii.   Call upon NYCC to not use glyphosate on NYCC properties, roads and pavements.”

 

The following alteration was made with the consent of the meeting and the seconder:

 

To add

 

        iii.   “Calls upon all Ryedale Town and Parish Councils to not  ...  view the full minutes text for item 30.

31.

Representation on Outside Bodies

To appoint a representative and a substitute to attend Malton Community Sports Centre Finance and Premises Governors Meetings, as recommended at the Resources Working Party meeting on 12 July 2018 and ratified at the Policy and Resources Committee meeting on 26 July 2018.

Minutes:

Council considered the appointment of a representative and a substitute to attend Malton Community Sports Centre Finance and Premises Governors Meetings, as recommended at the Resources Working Party meeting on 12 July 2018 and ratified at the Policy and Resources Committee meeting on 26 July 2018.

 

            Resolved

 

That Councillor Cleary be appointed as the representative to the Malton Community Sports Centre Finance and Premises Governors Meetings;

 

That Councillor Farnell be appointed as the substitute to the Malton Community Sports Centre Finance and Premises Governors Meetings.

32.

Any other business that the Chairman decides is urgent

Minutes:

There being no other business, the meeting closed at 9pm.

Supporting documents: