NORTH YORKSHIRE COUNCIL

NOTICE OF URGENT ITEM

Access to Information Procedure Rule 16 – Special Urgency

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Additional Environment Agency Local Levy Funding for the Upper Dales Flood Alleviation Scheme

To the Chair of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee

The Council’s Constitution provides that if a matter which is likely to be a key decision has not been included on the Council’s Forward Plan for the requisite period, the decision may still be taken if an urgency procedure is followed.

Under Access to Information Procedure Rule 16:

16.1 Where the date by which a decision must be made makes compliance with Rule 15 (general exception) impracticable, then the decision can only be made if the decision maker (if an individual) or the Chair of the body making the decision, obtains the written agreement of the Chair of a relevant overview and scrutiny committee that the making of the decision is urgent and cannot reasonably be deferred. If there is no Chair of a relevant overview and scrutiny committee, or if the Chair of the relevant overview and scrutiny committee is unable to act, then the agreement of the Chair of the Council, or in his/her absence the Vice-Chair will suffice.

16.2 As soon as reasonably practicable after the decision maker has obtained agreement under Rule 16.1 above, s/he must make available at the Council’s offices a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred and publish the notice on the Council’s website.

It is anticipated that on 19 December 2025, the Corporate Director of Environment will consider a report in consultation with the Chief Finance officer, sub-delegated to Vicki Dixon, Assistant Director Resources, to submit an application for additional funding of £219,370 of the available Flood and Coastal Committee Local Levy and grant approval of the funding application.

The intention to make the key decision is published on the Forward Plan however it has not been published on the Plan for the requisite 28 day period.

This matter requires a decision by the Corporate Director of Environment on 19 December 2025 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter.  Whilst an initial notification was provided to enable least 28 days' notice of the decision, due to an internal error the notice was not published.  A decision is required this week to meet the deadline for funding applications.

In accordance with the provisions in the Access to Information Procedure Rules, I am, therefore, informing you as the Chair of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee that it is intended that this matter be considered by the Corporate Director of Environment on 19 December 2025 and I am seeking your agreement that the meeting and the making of the decision is urgent and cannot reasonably be deferred beyond this timeframe. If you agree that the meeting and the making of the decision is urgent and cannot reasonably be deferred and that this item should be considered on 19 December 2025, will you please so confirm in writing as soon as possible.

BARRY KHAN

Assistant Chief Executive Legal and Democratic Services

Dated: 15 December 2025

I agree, for the reasons stated in this notice, that the meeting and the making of this decision is urgent and cannot reasonably be deferred and that this item should be considered on 19 December 2025.

Signed   Cllr David Staveley                          Date  16 December 2025

Chair of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee

To [the Chair of the [insert name] Overview and Scrutiny Committee/Chair of the Authority/Vice-Chair of the Authority – delete as appropriate]

The Council’s Constitution provides that if a matter which is likely to be a key decision has not been included on the Council’s Forward Plan for the requisite period, the decision may still be taken if an urgency procedure is followed.

Under Access to Information Procedure Rule 16:

16.1 Where the date by which a decision must be made makes compliance with Rule 15 (general exception) impracticable, then the decision can only be made if the decision maker (if an individual) or the Chair of the body making the decision, obtains the written agreement of the Chair of a relevant overview and scrutiny committee that the making of the decision is urgent and cannot reasonably be deferred. If there is no Chair of a relevant overview and scrutiny committee, or if the Chair of the relevant overview and scrutiny committee is unable to act, then the agreement of the Chair of the Council, or in his/her absence the Vice-Chair will suffice.

16.2 As soon as reasonably practicable after the decision maker has obtained agreement under Rule 16.1 above, s/he must make available at the Council’s offices a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred and publish the notice on the Council’s website.

It is anticipated that on FIELD_DUE_DATE, the FIELD_DMTITLE will consider a report regarding FIELD_ISSUE_SUMMARY.

The intention to make the key decision is published on the Forward Plan however it has not been published on the Plan for the requisite 28 day period.

This matter requires a decision by the FIELD_DMTITLE on FIELD_DUE_DATE and cannot reasonably be deferred, to enable the timely consideration and progress of this matter and FIELD_USE_URGENCY_EXPLAIN.

In accordance with the provisions in the Access to Information Procedure Rules, I am, therefore, informing you as the [Chair of the relevant Overview and Scrutiny Committee/Chair of the Authority/Vice-Chair of the Authority – delete as appropriate] that it is intended that this matter be considered by the FIELD_DMTITLE on FIELD_DUE_DATE and I am seeking your agreement that the meeting and the making of the decision is urgent and cannot reasonably be deferred beyond this timeframe. If you agree that the meeting and the making of the decision is urgent and cannot reasonably be deferred and that this item should be considered on FIELD_DUE_DATE, will you please so confirm in writing as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB

I agree, for the reasons stated in this notice, that the meeting and the making of this decision is urgent and cannot reasonably be deferred and that this item should be considered on FIELD_DUE_DATE.

Signed  [insert name of Councillor]                                                                                                                                                                                  Date FIELD_ISSUE_FIRST_PUBLIC_PUB

[Chair of the [insert name] Overview and Scrutiny Committee/Chair of the Authority/Vice-Chair of the Authority – delete as appropriate]

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FIELD_TITLE

To [the Chair of the [insert name] Overview and Scrutiny Committee/Chair of the Authority/Vice-Chair of the Authority – delete as appropriate]

The Council’s Constitution provides that if a matter which is likely to be a key decision has not been included on the Council’s Forward Plan for the requisite period, the decision may still be taken if an urgency procedure is followed.

Under Access to Information Procedure Rule 16:

16.1 Where the date by which a decision must be made makes compliance with Rule 15 (general exception) impracticable, then the decision can only be made if the decision maker (if an individual) or the Chair of the body making the decision, obtains the written agreement of the Chair of a relevant overview and scrutiny committee that the making of the decision is urgent and cannot reasonably be deferred. If there is no Chair of a relevant overview and scrutiny committee, or if the Chair of the relevant overview and scrutiny committee is unable to act, then the agreement of the Chair of the Council, or in his/her absence the Vice-Chair will suffice.

16.2 As soon as reasonably practicable after the decision maker has obtained agreement under Rule 16.1 above, s/he must make available at the Council’s offices a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred and publish the notice on the Council’s website.

It is anticipated that on FIELD_DUE_DATE, the FIELD_DMTITLE will consider a report regarding FIELD_ISSUE_SUMMARY.

The intention to make the key decision is published on the Forward Plan however it has not been published on the Plan for the requisite 28 day period.

This matter requires a decision by the FIELD_DMTITLE on FIELD_DUE_DATE and cannot reasonably be deferred, to enable the timely consideration and progress of this matter and FIELD_USE_URGENCY_EXPLAIN.

In accordance with the provisions in the Access to Information Procedure Rules, I am, therefore, informing you as the [Chair of the relevant Overview and Scrutiny Committee/Chair of the Authority/Vice-Chair of the Authority – delete as appropriate] that it is intended that this matter be considered by the FIELD_DMTITLE on FIELD_DUE_DATE and I am seeking your agreement that the meeting and the making of the decision is urgent and cannot reasonably be deferred beyond this timeframe. If you agree that the meeting and the making of the decision is urgent and cannot reasonably be deferred and that this item should be considered on FIELD_DUE_DATE, will you please so confirm in writing as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB

I agree, for the reasons stated in this notice, that the meeting and the making of this decision is urgent and cannot reasonably be deferred and that this item should be considered on FIELD_DUE_DATE.

Signed  [insert name of Councillor]                                                                                                                                                                                  Date FIELD_ISSUE_FIRST_PUBLIC_PUB

[Chair of the [insert name] Overview and Scrutiny Committee/Chair of the Authority/Vice-Chair of the Authority – delete as appropriate]

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