Agenda and minutes

Apologies were received from Councillors Cleary, Hope, Mackenzie, Middleton, Raine, and Windress.

There were no public questions.

To approve as a correct record the minutes of the Extraordinary Meeting of Council held on 6 October 2022.

The minutes of the Extraordinary Meeting of Council held on 6 October 2022 were presented.

Resolved

That the minutes of the Extraordinary Meeting of Council held on 6 October be approved and signed by the Chair as a correct record.

Voting record

Carried by general affirmation.

To receive notice of any urgent business which the Chair 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.

There were no items of urgent business.

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.

Councillors J Andrews, Burr, Duncan, Goodrick and Mason declared a personal non-prejudicial and non-pecuniary interest as members of North Yorkshire County Council.

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

There were no announcements.

Councillor Duncan submitted the following question:

a.    Can you please share with all elected councillors a copy of recent legal advice obtained by the council relating to the Community Infrastructure Levy (CIL) Grant Scheme?

b.    Can you please confirm who provided this advice and the total cost of this advice?

c.    Can you please confirm details and costs of recent staffing changes to accommodate the CIL Grant Scheme application process?

d.    Now stage one of the application process has closed, can you please inform councillors how many applications have been received?

e.    Can you please confirm the names of the organisations who have applied, a brief summary of the project and the amount of CIL funding that has been requested?

Councillor Duncan asked the following question:

a.    Can you please share with all elected councillors a copy of recent legal advice obtained by the council relating to the Community Infrastructure Levy (CIL) Grant Scheme?

b.    Can you please confirm who provided this advice and the total cost of this advice?

c.     Can you please confirm details and costs of recent staffing changes to accommodate the CIL Grant Scheme application process?

d.    Now stage one of the application process has closed, can you please inform councillors how many applications have been received?

e.    Can you please confirm the names of the organisations who have applied, a brief summary of the project and the amount of CIL funding that has been requested?

Councillor Keal responded as follows;

I refer to your Questions on Notice of 21 November 2002 regarding the Community Infrastructure Levy Grant Scheme (the "Scheme") currently being operated by Ryedale District Council ("RDC"). I am responding to these Questions on Notice in my capacity as the Chair of the Policy and Resources Committee, which has responsibility for the Scheme. 

Question a.

Can you please share with all elected councillors a copy of recent legal advice obtained by the council relating to the Community Infrastructure Levy (CIL) Grant Scheme?

Answer

I refer you to Article 2.3(b) of RDC's Constitution which governs the access of RDC's Councillors to information which is legally privileged (as is the case in respect of the information which is the subject matter of your first question). It provides that:

"Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law. The Head of Paid Service may refuse inspection of documents where the documents are, or in the event of legal proceedings would be, protected by privilege arising out of a Solicitor and Client relationship; (ii) Councillors will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or officer entitled to know it. For these purposes, “confidential” and “exempt” information are defined in the Access to Information Rules in Part 4 of this Constitution."

Following consultation with the Acting Head of Paid Service, the decision has been taken to restrict access to the legal advice to which you refer. In particular, the advice is particularly sensitive in the context of discussions with North Yorkshire County Council and it is not intended to make the contents of the advice public at this time.

In accordance with the Protocol for Members/Officer Relations you are entitled to take this up with the Acting Head of Paid Service.

Question b.

Can you please confirm who provided this advice and the total cost of this advice?

Answer

RDC has sought appropriate advice on various aspects of the Scheme in order to ensure that it meets all relevant requirements. DWF Legal  ...  view the full minutes text for item 46.

It was moved by Councillor Keal and seconded by Councillor Mason that the draft Terms of Reference shown at Appendix 1 of the report be agreed.

Councillor Duncan proposed and Councillor Docwra seconded the following amendment to the draft Terms of Reference:

That the final decisions on CIL recommendations come to Full Council.

Upon being put to the vote the amendment was carried.

Voting record

7 For

6 Against

6 Abstentions

Recorded vote

For: Councillors Cussons, Dowcra, Duncan, Graham, Goodrick, Mason and Oxley.

Against: Councillors J Andrews, Clark, Frank, King, Potter and Wass.

Abstentions: Councillors P Andrews, Arnold, Burr, Keal, Riby and Thackray.

Councillor Arnold proposed and Councillor Mason seconded the following amendment.

That this item be deferred to a Special Meeting of the Policy and Resources Committee at the first available opportunity.

Upon being put to the vote the amendment was carried.

Voting record

17 For

1 Abstention

It was moved by Councillor Oxley and seconded by Councillor Burr that the following recommendation be approved;

It is recommended that Council agree that:

(i)     The residual grant funds, totalling £12,737 of the ‘up to £25,000’ previously awarded, be made available to CaVCA to part-fund further building remedial works and improvements which would assist in ensuring the longevity of the Hungate Centre as a community asset.

(ii)    The grant be drawn from the £200,000 set aside in capital reserves for community use in Pickering.

(iii)   Repayment of the grant if the centre were to cease operating as a community facility within five years, as originally agreed. To be secured by a variation agreement prior to disbursement of the funds.

Upon being put to the vote the motion was carried.

Resolved

It be approved that;

(i)            The residual grant funds, totalling £12,737 of the ‘up to £25,000’ previously awarded, be made available to CaVCA to part-fund further building remedial works and improvements which would assist in ensuring the longevity of the Hungate Centre as a community asset.

(ii)           The grant be drawn from the £200,000 set aside in capital reserves for community use in Pickering.

(iii)          Repayment of the grant if the centre were to cease operating as a community facility within five years, as originally agreed. To be secured by a variation agreement prior to disbursement of the funds.

Voting record

Unanimous

To seek approval to enter into a redundancy settlement agreement with Stacey Burlet, the Council’s Head of Paid Service and Chief Executive (HoPS) in the context of Ryedale District Council being dissolved as a result of local government re-organisation and the post of the Council’s HoPS ceasing to exist as of 1 April 2023.

It was moved by Councillor Keal and seconded by Councillor Clark that:

1.   The proposed settlement terms set out at paragraph 3.14 of the report are approved

2.   Delegated authority is granted to the Solicitor to the Council (Monitoring Officer) to enter into a Settlement Agreement on these terms with the HoPS/Chief Executive

3.   Delegated authority is granted to the Solicitor to the Council (Monitoring Officer) to amend the redundancy and payment in lieu of notice figures in the Settlement Agreement, in consultation with the Chair of the Policy and Resources Committee and s151 Officer, to correct any errors to a maximum of 10%

Upon being put to the vote the motion was carried.

Resolved

It was resolved that;

1.   The proposed settlement terms set out at paragraph 3.14 of the report be approved

2.   Delegated authority be granted to the Solicitor to the Council (Monitoring Officer) to enter into a Settlement Agreement on these terms with the HoPS/Chief Executive

3.   Delegated authority be granted to the Solicitor to the Council (Monitoring Officer) to amend the redundancy and payment in lieu of notice figures in the Settlement Agreement, in consultation with the Chair of the Policy and Resources Committee and s151 Officer, to correct any errors to a maximum of 10%

Voting record

14 For

1 Against

4 Abstentions

Recorded vote

For: Councillors J Andrews, Arnold, Clark, Cussons, Docwra, Duncan, Frank, Graham, Keal, Mason, Oxley, Potter, Riby and Wass

Against: Councillor Thackray

Abstentions: Councillors P Andrews, Burr, Goodrick and King

Resolved

That the report be noted as it had been superseded by Minute 51: Revenue and Capital Budget Monitoring Q2 2022/23 below.

Resolved

That the report be noted.

Resolved

That the report be noted.

It was moved by Councillor Keal and seconded by Councillor Riby that;

(i)     £90,000 is allocated from Reserves to fund the replacement of the two boilers at Ryedale Swim and Fitness Centre with equivalent gas boilers, using the procurement process already completed as the basis for this work.

(ii)    Any unforeseen costs including inflated costs beyond the contingency included in 2.1(i) above, to a maximum of £25,000, to be agreed and authorised by the Chair of Policy and Resources, the Programme Director - Place and Resources and the S151 Officer prior to expenditure taking place.

Upon being put to the vote the motion was carried.

Resolved

It was resolved that;

(i)     £90,000 be allocated from Reserves to fund the replacement of the two boilers at Ryedale Swim and Fitness Centre with equivalent gas boilers, using the procurement process already completed as the basis for this work.

(ii)      Any unforeseen costs including inflated costs beyond the contingency included in 2.1(i) above, to a maximum of £25,000, to be agreed and authorised by the Chair of Policy and Resources, the Programme Director - Place and Resources and the S151 Officer prior to expenditure taking place.

Voting record

14 For

2 Against

2 Abstentions

It was moved by Councillor Keal and seconded by Councillor Potter that;

Members agree that the Helmsley Plan remains fit for purpose and should continue to be used as a part of the Development Plan to be applied in decision making on planning applications for the town. This is unless all the allocated sites have been built out, or it is superseded by the adoption of a North Yorkshire Local Plan or a Neighbourhood Plan.

Upon being put to the vote the motion was carried.

Resolved

Members agreed that the Helmsley Plan remained fit for purpose and should continue to be used as a part of the Development Plan to be applied in decision making on planning applications for the town. This is unless all the allocated sites have been built out, or it is superseded by the adoption of a North Yorkshire Local Plan or a Neighbourhood Plan.

Voting record

17 For

1 Abstention

At 9.57pm it was proposed by Councill J Andrews and seconded by Councillor Goodrick that Standing Orders be suspended to allow the business of the meeting to be completed.

Upon being put to the vote the motion was carried.

Resolved

That Standing Orders be suspended to allow the business of the meeting to be completed.

Voting record

16 For

2 Against

It was moved by Councillor Keal and seconded by Councillor Potter that;

    i.       The Local Development Scheme is agreed for use and published.

   ii.       To agree the principle of an extraordinary meeting of Policy and Resources in March to allow Members more time to consider the Publication of the Plan review.

Councillor Keal then explained that, as members were aware, there had been recent developments concerning the details of the legal advice received on 17 November 2022 concerning the proposed approach of rolling-on of the Ryedale for an additional 5 years, as part of its review.

The advice confirmed that this is a high-risk strategy, which was not in accordance with national planning policy and guidance, or the aligned planning acts which referred to the need to have regard to such national policy and guidance and it was without precedent. The risk of the plan review being found unsound at Examination in Public was, in the view of the King’s Counsel, ‘very high’. This was a risk which would ultimately rest with the new North Yorkshire Council, as the current Local Development Scheme already sets out that the formal stages of submission, examination and adoption would be under the jurisdiction of the newly formed Council.

The advice also made clear, on the basis of plan-making experiences with unitary bodies who have gone through this process, that their plan making has gone far beyond the 5 year timescale that the Structural Change Order identifies in which to produce a plan. Plans have taken in excess of a decade and some have been withdrawn after many years in the making.

The review of the Ryedale Plan requires a 15 year time scale and this would involve additional policy considerations, as well as a greater number of sites.

This had immediate implications for requesting members to make a decision on the Local Development Scheme as it is currently written.

Officers will scope the additional policy considerations in the review of the plan and engage with the LGR Planning Policy Workstream to advise them of the position and outcome of this meeting. This will inform the updated Local Development Scheme.

It was considered that it remains important to undertake a revised ‘Key Decisions consultation’, which was a Part A item at the Policy and Resources Committee held on 10 November 2022.

Work on the review of the Ryedale Plan and associated planning policy would continue in earnest.

Councillor P Andrews moved and Councillor Burr seconded the following amendment;

That we defer discussion this item until we obtain a second opinion from a London based Senior Planning King’s Counsel.

Upon being put to the vote the amendment was lost.

Voting record

5 For

13 Against

Councillor Keal moved and Councillor Potter seconded the following amendment;

1. That Council defer this item so it can return to the next Policy and Resources Meeting with a full report and updated LDS.

2. That Council agrees to give delegated authority to make changes to the Key Decisions consultation  ...  view the full minutes text for item 51d

To exclude the press and public from the meeting during consideration of the following item 17 (Works Required to Stabilise the Wall at St Leonards Close, Malton) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972, as the information relates to the financial or business affairs of any particular person (including the authority holding that information).

The public interest test has been considered and, in all the circumstances of the case, the public interest in maintaining the exemption is considered to outweigh the public interest in disclosing the information.

It was moved by Councillor Keal and seconded by Councillor Potter that the order of the agenda be amended to consider Items 13E, 10 and 12H after Item 7 on the published agenda.

Upon being put to the vote the motion was carried.

Resolved

That Items 13E, 10 and 12H be considered after Item 7 on the published agenda.

Voting record

12 For

4 Against

3 Abstentions

It was moved by Councillor Potter and seconded by Councillor Frank that the following recommendation be approved.

To exclude the press and public from the meeting during consideration of the following item 12H (Works Required to Stabilise the Wall at St Leonards Close, Malton) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972, as the information relates to the financial or business affairs of any particular person (including the authority holding that information).

The public interest test has been considered and, in all the circumstances of the case, the public interest in maintaining the exemption is considered to outweigh the public interest in disclosing the information.

Following the issue of the agenda and the subsequent dispatch of the late paper for Item 10 (Hungate Centre: CaVCA Request to Spend Residual Grant Funding) it was agreed that this item should be considered as an Exempt Item as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972, as the information relates to the financial or business affairs of any particular person (including the authority holding that information).

Upon being put to the vote the motion was carried.

Resolved

To exclude the press and public from the meeting during consideration of Items 10 (Hungate Centre: CaVCA Request to Spend Residual Grant Funding) and 12H (Works Required to Stabilise the Wall at St Leonards Close, Malton) as provided by paragraph 3 of Schedule 12A of Section 100A of the Local Government Act 1972, as the information relates to the financial or business affairs of any particular person (including the authority holding that information).

The public interest test has been considered and, in all the circumstances of the case, the public interest in maintaining the exemption is considered to outweigh the public interest in disclosing the information.

It was moved by Councillor Keal and seconded by Councillor Potter that the following recommendation be approved;

That Council is recommended to approve the additional budget of £183,317 from the capital programme in 22/23 to fund wall repairs at St Leonards Close, Old Maltongate in Malton to cover the total cost of the works of £263,317 (comprising £218,102 construction cost plus £32,715 fees and £12,500 contingency sum). 

Councillor Thackray moved and Councillor Riby seconded the following amendment;

That a second quote is obtained for the work.

Upon being put to the vote the amendment was lost.

Voting record

3 For

14 Against

2 Abstentions

Upon being put to the vote the motion was carried.

Resolved

That the additional budget of £183,317 from the capital programme in 22/23 to fund wall repairs at St Leonards Close, Old Maltongate in Malton to cover the total cost of the works of £263,317 (comprising £218,102 construction cost plus £32,715 fees and £12,500 contingency sum) be approved. 

Voting record

17 For

2 Abstentions

That an extraordinary meeting of Council be arranged in spring 2023 (on a date decided by the chairman) to confer the title of Honorary Alderman of Ryedale District Council upon Councillors Paul Andrews, Stephen Arnold, Lindsay Burr, David Cussons, Janet Frank, Eric Hope, Dinah Keal and John Windress, 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 Duncan proposed and Councillor Potter seconded the following motion;

That an extraordinary meeting of Council be arranged in spring 2023 (on a date decided by the chairman) to confer the title of Honorary Alderman of Ryedale District Council upon Councillors Paul Andrews, Stephen Arnold, Lindsay Burr, David Cussons, Janet Frank, Eric Hope, Dinah Keal and John Windress, 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.

Upon being put to the vote the motion was carried.

Resolved

That an extraordinary meeting of Council be arranged in spring 2023 (on a date decided by the chairman) to confer the title of Honorary Alderman of Ryedale District Council upon Councillors Paul Andrews, Stephen Arnold, Lindsay Burr, David Cussons, Janet Frank, Eric Hope, Dinah Keal and John Windress, 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.

There being no items of urgent business, the meeting closed at 10.20pm.