North Yorkshire Council
Council
Minutes of the Quarterly Meeting of Council held on Wednesday 15 November 2023 commencing at 10.30 am.
Councillor David Ireton in the Chair. Councillors Chris Aldred, Joy Andrews, Karl Arthur, Alyson Baker, Philip Barrett, Derek Bastiman, Philip Broadbank, Eric Broadbent, Barbara Brodigan, Andy Brown, Nick Brown, Lindsay Burr MBE, John Cattanach, David Chance, Liz Colling, Mark Crane, Sam Cross, Felicity Cunliffe-Lister, Gareth Dadd, Melanie Davis, Caroline Dickinson, Stephanie Duckett, Keane Duncan, Kevin Foster, Richard Foster, Sam Gibbs, Caroline Goodrick, Hannah Gostlow, Bryn Griffiths, Tim Grogan, Michael Harrison, Paul Haslam, Robert Heseltine, David Hugill, Nathan Hull, George Jabbour, David Jeffels, Janet Jefferson, Tom Jones, Mike Jordan, Nigel Knapton, Peter Lacey, Andrew Lee, Carl Les, Cliff Lunn, John Mann, Pat Marsh, Steve Mason, Rich Maw, John McCartney, Heather Moorhouse, Andrew Murday, Simon Myers, David Noland, Bob Packham, Andy Paraskos, Stuart Parsons, Yvonne Peacock, Clive Pearson, Heather Phillips, Kirsty Poskitt, Jack Proud, Tony Randerson, John Ritchie, Janet Sanderson, Mike Schofield, Karin Sedgwick, Subash Sharma, Steve Shaw-Wright, Monika Slater, Andy Solloway, David Staveley, Neil Swannick, Roberta Swiers, Malcolm Taylor, Angus Thompson, Matt Walker, Arnold Warneken, Steve Watson, David Webster, John Weighell OBE, Greg White, Annabel Wilkinson, Peter Wilkinson, Andrew Williams and Robert Windass.
Apologies: Councillors Michelle Donohue-Moncrieff and Phil Trumper.
Copies of all documents considered are in the Minute Book
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Minutes of the meeting held on 19 July 2023
It was moved and seconded that the Minutes of the Quarterly Meeting of the Council held on 19 July 2023 having been printed and circulated, are confirmed and signed by the Chairman as a correct record.
The vote was taken and the motion was declared carried.
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Apologies for absence
Apologies for absence were received from Councillors Michelle Donohue-Moncrieff and Phil Trumper.
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Declarations of Interest
Declarations of Interest were made as follows:
Councillor Karl Arthur regarding Minute 50(h)
Councillor Alyson Baker regarding Minute 53
Councillor Carl Les regarding Minute 46
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Chairman's Announcements
The Chair welcomed the Honorary Aldermen and members of the public and press who were present.
The Chair welcomed Councillor David Hugill to his first Council meeting since he was elected at the recent Hutton Rudby and Osmotherley by-election.
The Chair informed Members of the usual arrangements for the meeting.
The Chair informed Members that there were three Notices of Motion on the agenda. The Chair was required to give a ruling on whether to follow the normal procedure of referring these motions to the relevant committee or whether they should be debated at the meeting, and ruled as follows:
(1) Increase electricity grid generation and import capacity across North Yorkshire – motion to be debated at the meeting (2) Delays to 2030 climate change target – motion to be debated at the meeting (3) United Nations Sustainable Development Goals – motion to be referred to the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee and the Audit Committee
The Chair reminded Members that when considering Notices of Motion a Member can move that the motion can be put now and one Member can speak for five minutes for that Motion and one Member can speak for five minutes against. Motions referred to committee would be moved and seconded without comment.
The death of former North Yorkshire County Councillor Bob Baker was noted. Bob was elected to Hambleton District Council in May 1999 and later served as Chairman of that authority and was also elected to North Yorkshire County Council in 2013 serving through to 2021. Members also noted the recent death of former North Yorkshire County Councillor and Scarborough Borough Councillor Penny Marsden.
A minute’s silence was held in memory of former County Councillors Bob Baker and Penny Marsden.
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Statement by the Leader of the Council
Councillor Carl Les made a statement and answered questions under Council Procedure Rule 2.3 as Leader of the Council, a summary of the key points of which had previously been circulated and which appeared at pages 29 and 30 of the agenda pack and in the Minute Book at pages 273 to 274.
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Public Questions or Statements
There were five public questions, as follows:
1. The following public question was read out by Hazel Peacock, Oatlands and Pannal Ash Road Safety and Active Travel Campaign:
Will Cllr Keane Duncan and North Yorkshire Council, as the Traffic Authority for North Yorkshire County, make an amendment to the 20mph policy (of January 2022) to reflect the National Guidance as outlined by the Department for Transport (DfT) in “Setting local speed limits” 01/2013?
This DfT guidance states: ‘’Traffic authorities can, over time, introduce 20mph speed limits or zones on major streets where there are - or could be - significant numbers of journeys on foot where pedal cycle movements are an important consideration, and this outweighs the disadvantage of longer journey times on the motorist”.
This is in addition to residential streets, in cities, towns and villages, particularly where the streets are being used by people on foot and on bicycles, there is community support and the characteristics of the street are suitable.”
Making this amendment to the North Yorkshire Council (NYC) 20mph speed limit and zone policy would enable the approval and implementation of applications for 20mph speed limits on major streets in North Yorkshire, where they meet the DfT criteria.
The DfT guidance has enabled the implementation of 20mph on major streets in villages, towns and cities across England by other Traffic Authorities, bringing considerable improvements to safety and quality of life for their communities. It is therefore possible across North Yorkshire too.
The safety of schoolchildren and other members of the community should far outweigh the disadvantage of the perceived risk of longer journey times for motorists. It should be noted here that a comprehensive study carried out by University of West England in Bristol showed journey times in 20mph urban areas to be only 10 seconds per mile slower than in 30mph areas.
Bringing the NYC policy in line with others would enable officers to deliver 20mph on major roads in priority locations such as around schools and in other high footfall areas, particularly those with vulnerable groups.
We ask for this urgent amendment, so road safety improvements can be delivered to help save lives, reduce accidents and help modal shift towards active travel, creating a better quality of life for residents and communities across the county and delivering associated benefits to the Environment, Climate Change and Public Health.
Councillor Keane Duncan, Executive Member for Highways and Transportation, advised that it would be worthwhile to address both public question 1 and public question 3 together following the question from Mr Conlan given there was an overlap in topics.
Councillor Arnold Warneken moved that the question be referred to the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee and this was seconded.
Councillor Duncan stated that the headline point he wanted to make and further points he would make in response to Mr Conlan was that the Council’s current 20 mile per hour speed limit and zone policy did in fact already allow for implementation of 20 miles per hour on major streets as defined in the DFT guidance, therefore no amendment to that policy was required.
Hazel Peacock then asked a supplementary question, and Councillor Duncan responded.
On a vote being taken on the motion moved by Councillor Warneken 39 Members voted for the motion, 48 voted against and there were no abstentions. The motion therefore fell.
2. The following public question was read out by Steve Hill, Middleton Tyas resident:
Section 4 of the EGS deals with Infrastructure; and Priority 2 seeks to deliver sites for Growth. In Paragraph 4.19 the strategy refers to nationally significant development sites along the A1. These, we are told, include Junction 52 at Catterick and Junction 53, Scotch Corner.
We all know that Scotch Corner:
For the EGS to add to this mix a designation of ‘development site’ is irresponsible.
The EGS designation takes no account of Scotch Corner’s infrastructure constraints and overrides the current Richmondshire local plan.
The current Local plan does NOT designate Scotch Corner for general development. Scotch Corner is in open countryside, and its sites are greenfield. It is also the northern gateway to the Dales. To include this site in the EGS undermines the Local Plan and the normally transparent planning process by which planning applications are assessed.
It cannot be right that the EGS, actively seeks to override all our adopted local plans and influence the planning process in this way — however unintended.
So I request that all references to Scotch Corner be deleted from the EGS.
If unallocated sites such as Scotch Corner are not deleted from the EGS then it should be subject to a full and open consultation with all Town and Parish councils, the public and interest groups, including the Climate Coalition. Many of the development sites identified are remote from settlements and are badly served by public transport. The EGS is a rnassive traffic and CO2 generator.
For these reasons, please delete Scotch Corner from the EGS, or be straight with the people of North Yorkshire and ask us what we want and where we want it. Do not impose these development sites upon us.
The legitimacy of the EGS is at stake. So is the authority of all our local plans.
Councillor Derek Bastiman, Executive Member for Open to Business, provided the following response:
Thank you Mr Hill for that question. I would like to reassure you that is firmly the role of the development plan, currently the Richmondshire local plan, along with the relevant National Planning Policy to guide the location and quality of new developments at Junction 52 and Junction 53 of the A1M. The economic growth strategy does not form part of the local plan or replace it in any way. As you may be aware the Council has started the preparation of a new local plan for North Yorkshire which, once adopted, will replace the current Richmondshire local plan. This will be an opportunity to look afresh at local planning issues and evidence-base and to set out new sustainable growth strategy, policies and allocations across the county to address the needs of our communities and businesses over the next 15 plus years. There will be many opportunities for you and other key groups to shape the content of the plan as it evolves through rigorous stages of public consultation and independent examination and I would encourage you to do so.
The purpose of the economic growth strategy is to ensure that the new Council has a clear overview and understanding of its economic strength, challenges and opportunities as it embarks on its journey as a unitary authority. As it is appropriate for the document of this nature the economic growth strategy has been through an extensive consultation process with key stakeholders, local businesses, allied departments, neighbouring areas of elected members and whilst the new strategy considered the work of the former districts including the elements of adopted and emerging local plans it is a high level strategy for the new geography. The detailed Local Economic Action Plans will flow from it and will be developed with local input to develop existing or new projects and determine their relative priority. Given the role of the strategy a full public consultation exercise was not appropriate. We have undertaken to keep the strategy and any subsequent plans under annual review. In relation to the A1 corridor the economic strategy states that North Yorkshire has a number of large, nationally significant development sites either ready for development or in the pipeline. These include sites along the A1 corridor with the opportunities for development from Harrogate Junction 47 through Hambleton, Dalton, Leeming Bar and Richmondshire Junction 52 and 53. Figure 4.2 in the strategy shows that almost 90 development / employment sites across North Yorkshire include Junctions 52 and 53 on the A1M based upon either established sites, allocations from existing local plans, sites with planning permissions or areas with a potential for such development. Land that is not allocated or does not have the benefit of permissions will go through the same planning process as any other proposal for development and will have to comply with the current planning regulations and policy. This of course affords all interested parties the opportunities to make representation to the proposed developments, thank you very much.
Mr Hill asked a supplementary question and Councillor Bastiman responded.
3. The following public question was read out by Ian Conlan:
North Yorkshire Council is committed to Vision Zero in the York and North Yorkshire Road Safety partnership, which will become part of the remit of the new Mayoral authority in May. This aims to eliminate all deaths and serious injuries by 2040 on our roads. I am sure all councillors will be interested to ensure that swift changes are made to ensure the latest evidence is used to ensure all necessary measures are made, in a cost-effective manner, to begin this process. I am sure also that councillors will agree that this has not been a priority of this council in the past, and 2040 is conveniently too far away, we need action now. So we ask you to support the aims of 50% reduction within 3 years, and 100% within 6 years. Last Thursday, the Vision Zero paper petition was launched covering the future combined Mayoral authority area of York and North Yorkshire. It states: "We petition City of York Council & N Yorks Combined Authority to reduce traffic harm by adopting the Vision Zero target of zero killed or serious road injuries by 2030, with an intermediate target of 50% fewer vulnerable road user KSI's 2027. We call for Safe Systems and traffic reduction; key is a 20mph default speed limit in built-up areas across the region and speed reduction on all road classes, including arterials where people are."
One simple cost-effective measure that have been proven to work, with cross party support in many English authorities, is default 20mph where people and motors mix, with exceptions only where vulnerable road users are safely segregated. This measure reduced killed and serious casualties by between 30 and 40% in Calderdale's built-up areas including main roads, and has been replicated many many times elsewhere. We know that the elderly over 70 are 5 times more likely to be killed or seriously injured as pedestrians than those under 70.
We are delighted that 20mph have now begun to be enforced by the York/North Yorkshire police authority, starting with Bishopthorpe Rd in York. But the York/North Yorkshire police authority was one of only 2 nationally (there are 50 forces) that refused a Freedom of Information request for releasing data on speed limit enforcement.
We welcome speed limits being reduced in rural areas, and other measures such as safe road crossings, cycle paths, better footpaths. But tinkering around the edges will not make any meaningful reductions, with York and North Yorkshire in the bottom quarter for killed and seriously injured, with no sustained improvements: quoting one outlying year, 2019, and one figure, just deaths in 30mph areas, is not going to cut it anymore.
Even with all the fuss over Wales, the first week saw 3mph average reduction on new 20mph roads, from 22 to 19mph in the first week over a range of roads from GpS data. According to DfT each 1mph reduction equates to 6% estimated fewer killed and seriously injured, so on that basis that is 18% in 1 week! Evidence from longer running schemes back this up. This move to default 20mph in urban areas had cross party support from ALL the parties in votes in the Welsh Sennedd when this was planned, and local authorities were able to identify exceptions where it was judged safe to retain the 30mph on a small number of roads where vulnerable road users were segregated. It remains the law that English local authorities have the legal power bring in default 20mph with exceptions, such as what is happening now in Conservative Controlled Cornwall.
Action Vision Zero and 20s plenty is not political: we are asking City of York as well as North Yorkshire to fully support these measures where they have not yet been implemented, to make better places to live in. 20mph is 50% quieter than 30mph, safer, more enjoyable, and fair to all users of our roads, our children, grandchildren, parents, grandparents, disabled, cyclists, mobility scooters, wheelchairs, visually impaired, those who cross busy main roads every day to catch a bus, walk to school, cycle to work, shop, exercise.
Councillor Keane Duncan, Executive Member for Highways and Transportation, provided the following response:
Thank you, Mr Conlan, for your question. I have to be very clear Mr Conlan we are not adopting a blanket 20 mile per hour or a one-sized fits-all approach to speed limits in North Yorkshire. Instead our new approach is designed to reflect the diversity of North Yorkshire and the wishes of the communities we represent. We will consider the nature and circumstances of each location and we will always consult local councillors and the public. Any other approach risks dividing this Council, dividing North Yorkshire and undermining our concerted efforts to improve Road Safety.
The proposed Pannal Ash and Oatlands 20 mile per hour zone in Harrogate shows the scale of what we are achieving and what we can achieve elsewhere. This is a zone of unprecedented scale yet targeted in nature and with strong local support this zone is a significant achievement for North Yorkshire Council and for campaigners. I thank all of those who have been involved in that effort, there is still more work to do of course and we are committed to reviewing speed limits in every town and village on every inch of our 5,750 mile road network. We will back this renewed focus on road safety with resources and investment. Action of this significant ambition has never been done by this Council before, it will of course take time and effort but I believe strongly that this targeted effective action working with communities rather than dictating to them is absolutely right. This is the inclusive democratic approach every member of every political grouping on this Council should be proud of. Let's continue making progress and delivering action rather than revisiting this topic of a blanket 20 mile per hour time and time again. Our approach has the ability, Mr Chairman, to unite this County rather than divide it with a blanket 20 mile per hour, thank you.
Councillor Rich Maw moved that the question be referred to the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee and this was seconded.
On a vote being taken 36 Members voted for the motion, 52 voted against and there were no abstentions. The motion therefore fell.
4. The following public question was read out by Helen Tomlinson – Sowerby Gateway community infrastructure:
A whole new community is growing on the Sowerby Gateway but people making their homes desperately need the services and facilities they, and the wider area, were promised. There is nowhere for the Gateway community to gather, no recognisable neighbourhood centre, no bus service through the estate and there has been no expansion of GP or dental services there or in the wider area.
There has been a monumental failure by local government to ensure that these important services and facilities are provided.
That failure dates back more than 13 years. People have the right to know why it happened, what will be done to put it right and to be confident that the developers are held to account and made to fulfil their obligations.
As a Unitary authority, North Yorkshire Council now has direct access to all the relevant information.
As a matter of urgency, will you:
Councillor Derek Bastiman, Executive Member for Open to Business, provided the following response:
Thank you for the question and and firstly thank you for exercising your right as a member of the public and look forward to you being able to continue to have the right for many years to come. In answer to your question the planning application 10/02373/OUT application for outline permission for Sowerby Gateway was for a mixed use development including in the region of 1,000 dwellings, employment uses, neighbourhood centre, hotel, extra care facility and medical centre. A primary school, community uses included recreation and playing pitches and allotments. The consent was accompanied by a Section 106 agreement which sought to deliver a variety of measures in terms of affordable homes, improvements to public transport, community facilities and education provision, amongst other matters. It is noteworthy that the development has successfully delivered a supermarket, hotel, extra care facility and a new school along with the Sowerby Sports Village. The council will be reviewing the section 106 agreement and the requirements of the planning permission in order to ensure that the deliverables set out in the permission are achieved.
Helen Tomlinson asked a supplementary question and Councillor Bastiman responded.
5. The following public question was read out by Alison Hume:
Councillors will be aware of the situation regarding the closure of the Alpamare Waterpark in Scarborough and the community resource being placed into administration by Benchmark Leisure Ltd.
I understand the financial situation is murky and making waves – unlike the water in the pool which is currently being kept clean by the pool manager.
I am not therefore seeking clarification regarding the loan made to Benchmark Leisure by the former Scarborough Council as I expect this to be the subject of a legal investigation.
I would like to know what North Yorkshire Council are doing to ensure at least the Alpamare indoor pool is re-opened as soon as possible?
After spending time talking to staff and customers of Alpamare Waterpark & Spa, it's clear that the leisure facility is far more than an important tourist attraction - it's an essential part of the community.
With Alpamare’s closure, Scarborough is now reduced to one pool for a population of 109,000.
Living in a coastal area means it's critical our children learn to swim, but, with the closure, hundreds of children have been left without lessons.
For your information, the Scarborough Sports Village pool is oversubscribed for swimming lessons and cannot cater for demand.
140 people regularly attend the aquafit classes including elderly and disabled people who attend to support their mobility as well as those managing mental health conditions who are encouraged to use swimming as part of their recovery. There is an opportunity to double the aquafit classes due to their popularity.
In addition, staff have been left uncertain about the future, and the self-employed swim school instructors have lost the opportunity to earn money as well as to teach tots and children to swim.
Also closed to its customers is the wonderful spa, which has some of the best facilities in Europe including something called a Hay Bath, which is the only one of its kind in the UK and consists of beds of hay imported from the Alps and suspended from the ceiling giving a feeling of complete weightlessness – something I am sure hard-pressed councillors would appreciate must be a fantastic feeling!
Nine staff (therapists, reception staff and cleaners) are completely in the dark about what the future holds for them.
If you can secure the building – you already own the land I believe – then you have a great opportunity to create a sustainable community pool as well as an important tourist attraction.
To reduce the high cost of running particularly the outdoor pools will you consider retrofitting the building by installing the latest in energy capturing technology? This transition to green energy could be met either through the new zero devolution monies or through a Labour’s government’s GB Energy Local Power Plan.
Other council run swimming pools in Yorkshire have been given grants from the government. Is this something this council is pursuing?
It is vital Alpamare Waterpark and Spa are saved for Scarborough by North Yorkshire Council.
Please can you reassure me that you are in intense talks with the administrators to find a solution to reopen Alpamare as soon as possible?
Thank you in advance for answering my question.
Councillor Gareth Dadd, Executive member for Finance and Resources, provided the following response:
Thank you Chairman and I'm going to be very careful with the response I give for reasons that you will be aware of. Because this situation as you will appreciate is now sub judicious and therefore I am very sadly limited to what I can state. Those issues and concerns that you have rightly raised will be answered at a time when we can, without fear of damage to the potential judicial process. I will make a pledge that the investigation and report the Chief Executive has requested from our internal auditors Veritau will be made available to all Members and the public when appropriate and once completed. Finally we are committed to delivering the best outcome from a situation we have inherited from Scarborough Borough Council for the residents and businesses of Scarborough and the wider North Yorkshire communities. Please understand how delicate and sensitive at this time this is. I am also aware of a question from Councillor Cunliffe-Lister later in the agenda which I will simply, if put, refer her to this response.
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To consider the report and recommendations of the Executive and make decisions on them
Council Tax Reduction Scheme 2024/25
The recommendation at page 34 of the agenda pack (page 278 of the Minute Book) was moved and seconded.
A vote was taken and the motion was declared carried unanimously.
Resolved -
That Council approves
1) the proposed Council Tax Reduction scheme for 2024/25 be approved, retaining the scheme as that operating in 2023/24;
2) authority be delegated to the Section 151 officer to approve the accompanying Exceptional Hardship Scheme; and
3) the Section 151 Officer be authorised, in consultation with the portfolio holder for Finance, to undertake the necessary consultation work to design a scheme for 2025/2026
Proposed Amendment to the Pay Policy
The recommendation at page 34 of the agenda pack (page 278 of the Minute Book) was moved and seconded.
A vote was taken and the motion was declared carried unanimously.
Resolved –
That Council approves the updated paragraphs provided at Section 3.1 of the report.
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Amendments to the Council’s Constitution
The recommendations at pages 47 and 48 of the agenda pack (pages 291 to 292 of the Minute Book) were moved and seconded.
A vote was taken and the motion was declared carried with 84 Members voting for the motion, 2 voting against and there was one abstention.
Resolved –
That Council approves
1) that the amendments to the Constitution set out in Appendix 1 to this report, made by the Assistant Chief Executive (Legal and Democratic Services) under his delegated powers be noted;
2) the proposed amendments to the Council Procedure Rules as set out in paragraphs 4.2, 4.5, 4.10, 4.11 and 4.15 of this report be approved;
3) the proposed amendments to the Specific Delegations to the Assistant Chief Executive (Legal and Democratic Services) in the Officers’ Delegation Scheme as set out in paragraph 5.4 of this report be approved;
4) the proposed changes to the Procurement and Contract Procedure Rules set out in Appendix 2 be approved;
5) the ability to make the necessary consequential changes to the Procurement and Contract Procedure Rules to incorporate any changes considered appropriate to incorporate the changes made by the Health Care Services (Provider Selection Regime) Regulations 2023 be delegated to the Assistant Chief Executive (Legal and Democratic Services), in consultation with the Executive Member for Corporate Services;
6) the proposed changes to the Financial Procedure Rules set out in Appendix 3 be approved;
7) the proposed changes to the Specific Delegations to the Corporate Director of Environment in the Officers’ Delegation Scheme as set out by way of tracked changes on the extracts attached at Appendix 4 be approved;
8) the proposed changes to the Area Constituency Planning Committee Terms of Reference as set out in Appendix 4 be approved;
9) the proposed amendments to the Specific Delegations to the Corporate Director of Community Development and the Corporate Director of Resources in the Officers’ Delegation Scheme as set out at Appendix 5 be approved;
10) the approach to Member engagement and decision-making throughout the preparation of Development Plan Documents and Neighbourhood Plans as set out in section 10 of, and Appendices 6 and 7 to this report, including the establishment of a Development Plan Committee, and the consequential amendments to the Constitution as set out in paragraph 10.3 of this report, be approved;
11) the approach to the review of Outside Bodies as set out in paragraph 11.4 of this report be approved (as set out in Appendix 8).
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North Yorkshire Economic Growth Strategy for Adoption
The recommendations at page 124 of the agenda pack (page 368 of the Minute Book) were moved and seconded.
A vote was taken and the motion was declared carried with 82 votes for, 1 against and there were 4 abstentions.
Resolved -
That Council: 1) adopts the North Yorkshire Economic Growth Strategy; and 2) agrees that the strategy and action plans that flow from it will be reviewed annually to reflect the prevailing economic conditions and wider opportunities that may arise.
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Report and recommendations of the Independent Remuneration Panel for Member Allowances for 2024-25
The recommendations at paragraphs 3.3, 3.4 and 3.5 of the report (page 464 of the Minute Book) were moved and seconded.
A vote was taken and the motion was declared carried with 70 votes for, 15 against and 2 abstentions.
Resolved –
1) That the annual Basic Allowance be increased by £1,500 from £15,500 to £17,000;
2) That Special Responsibility Allowances be increased by 2%, with the exception of sessional payments to Chairs of the Licensing Sub-Committees, as detailed in Appendix 1 to the report; and
3) If there were any increases in the travel and subsistence rates payable to staff, a similar increase should be made to the rates in the Members’ Allowances Scheme to come into effect at the same time. |
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To Consider the report and recommendations of the Audit Committee
The Annual Report of the Audit Committee was considered. The recommendation at paragraph 4.1 (page 485 of the Minute Book) that Council note the report as set out at Appendix 1 was moved and seconded.
As Council were asked to note the report no vote was taken.
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To Consider the report and recommendations of the Pension Board
The Annual Report of the Pension Board was considered and the recommendation at paragraph 3.1 (page 495 of the Minute Book) was moved and seconded.
A vote was taken and the motion was declared carried unanimously.
Resolved –
The Annual Report of the Pension Board, as set out in Appendix 1, be noted. |
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Appointments to Committee according to Political Proportionality
The recommendations at pages 287 and 288 of the agenda pack (pages 531 to 532 of the Minute Book) were moved and seconded.
A vote was taken and the motion was declared carried unanimously.
Resolved –
1) Strategic Planning Committee Independent Unaffiliated – Councillor Sam Cross to come off
2) Care and Independence and Housing Overview and Scrutiny Committee Independent Unaffiliated – Councillor Tony Randerson to come off
3) Children and Families Overview and Scrutiny Committee Councillor Kirsty Poskitt, North Yorkshire Independent, to retain the seat she previously held as an Unaffiliated Independent.
4) Corporate and Partnerships Overview and Scrutiny Committee North Yorkshire Independent Group - Councillor Mike Schofield to be appointed Independent Unaffiliated – Councillor Tony Randerson to come off
5) Transition (LGR) Overview and Scrutiny Committee Independent Unaffiliated - Councillor Kirsty Poskitt to come off
6) Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee North Yorkshire Independent Group - Councillor Philip Barret to be appointed Independent unaffiliated – Councillor Mike Jordan to come off
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Appointments to Committees and Outside Bodies
The recommendations at pages 296 and 297 of the agenda pack (pages 540 to 541 of the Minute Book) were moved and seconded.
A vote was taken and the motion was declared carried unanimously.
Resolved –
1) Scrutiny of Health Committee North Yorkshire Independents – to note the resignation of Councillor Lindsay Burr MBE – a replacement appointment is required
2) Strategic Planning Committee Conservative and Independents – to note the appointment of Councillor David Hugill to replace Councillor Malcolm Taylor
3) Richmond (Yorks) Area Constituency Planning Committee Conservative and Independents – to note the appointment of Councillor David Hugill to replace Councillor Tom Jones
4) North Yorkshire Moors National Park Authority Conservative and Independents – the appointment of Councillor David Hugill to the vacant position be ratified
5) Audit Committee The appointment of David Marsh and David Portlock as independent co-opted members be confirmed
6) Pension Fund Committee The appointments of Councillor Angus Thompson as Chair and Councillor George Jabbour as Vice-Chair be ratified. It be noted that Councillor Sam Gibbs replace Councillor John Weighell.
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Adoption of the Corporate Calendar of committee meetings for 2024/25
The Corporate Calendar of committee meetings for 2024/25 was considered. The recommendation at paragraph 10.1 (page 544 of the Minute Book) that Council note the report as set out at Appendix 1 was moved and seconded.
As Council were asked to note the report no vote was taken.
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50 |
Statements of Executive Members and Chairmen of Overview and Scrutiny Committees
Statements of Executive Members, in the order set out below, followed by the Statements of the Chairmen of the Overview and Scrutiny Committees. |
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50 (a) |
Executive Member for Culture, Arts and Housing - Councillor Simon Myers
Councillor Simon Myers, Executive Member for Culture, Arts and Housing, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 327 - 330 of the agenda pack and which appears in the Minute Book (pages 571 to 574).
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50 (b) |
Executive Member for Children and Families - Councillor Janet Sanderson
Councillor Janet Sanderson, Executive Member for Children and Families, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 331 – 333 of the agenda pack and which appears in the Minute Book (pages 575 to 577).
At 1:00 pm the Chairman adjourned the meeting for lunch.
The meeting was re-convened at 1:45 pm.
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50 (c) |
Executive Member for Managing our Environment - Councillor Greg White
Councillor Greg White, Executive Member for Managing our Environment, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 335 - 338 of the agenda pack and which appears in the Minute Book (pages 579 to 582).
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50 (d) |
Executive Member for Education, Learning and Skills - Councillor Annabel Wilkinson
Councillor Annabel Wilkinson, Executive Member for Education, Learning and Skills, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 339 – 342 of the agenda pack and which appears in the Minute Book (pages 583 to 586).
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50 (e) |
Executive Member for Finance and Resources - Councillor Gareth Dadd
Councillor Gareth Dadd, Executive Member for Finance and Resources, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 343 - 344 of the agenda pack and which appears in the Minute Book (pages 587 to 588).
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50 (f) |
Executive Member for Open to Business - Councillor Derek Bastiman
Councillor Derek Bastiman, Executive Member for Open to Business, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 345 - 348 of the agenda pack and which appears in the Minute Book (pages 589 to 592).
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50 (g) |
Executive Member for Corporate Services - Councillor David Chance
Councillor David Chance, Executive Member for Corporate Services, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 349 – 356 of the agenda pack and in the Minute Book (pages 593 to 600).
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50 (h) |
Executive Member for Highways and Transportation - Councillor Keane Duncan
Councillor Keane Duncan, Executive Member for Highways and Transportation, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 357 – 358 of the agenda pack and which appears in the Minute Book (pages 601 to 602).
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50 (i) |
Executive Member for Health and Adult Services - Councillor Michael Harrison
Councillor Michael Harrison, Executive Member for Health and Adult Services, made a statement and answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 359 - 360 of the agenda pack and which appears in the Minute Book (pages 603 to 604).
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50 (j) |
Scrutiny Board (Chair: Councillor Karin Sedgwick)
The written statement of Councillor Karin Sedgwick having previously been circulated and which appeared at pages 361 – 362 of the agenda pack and which appears in the Minute Book (pages 605 to 606), was noted.
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50 (k) |
Transition (LGR) Overview and Scrutiny Committee (Chair: Councillor Malcolm Taylor)
The written statement of Councillor Malcolm Taylor having previously been circulated and which appeared at pages 363 - 364 of the agenda pack and which appears in the Minute Book (pages 607 to 608), was noted.
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50 (l) |
Care and Independence and Housing Overview and Scrutiny Committee (Chair: Councillor Karin Sedgwick)
The written statement of Councillor Karin Sedgwick having previously been circulated and which appeared at pages 365 - 366 of the agenda pack and which appears in the Minute Book (pages 609 to 610), was noted.
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50 (m) |
Corporate and Partnerships Overview and Scrutiny Committee (Chair: Councillor Andrew Williams)
The written statement of Councillor Andrew Williams having previously been circulated and which appeared at pages 367 of the agenda pack and which appears in the Minute Book (page 611), was noted. The Chair of the Corporate and Partnerships Overview and Scrutiny Committee then answered questions.
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50 (n) |
Scrutiny of Health (Chair: Councillor Andrew Lee)
The written statement of Councillor Andrew Lee having previously been circulated and which appeared at pages 369 - 370 of the agenda pack and which appears in the Minute Book (pages 613 to 614), was noted. The Chair of the Scrutiny of Health Committee then answered questions.
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50 (o) |
Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee (Chair: Councillor David Staveley)
The written statement of Councillor David Staveley having previously been circulated and which appeared at pages 371 – 372 of the agenda pack and which appears in the Minute Book (pages 615 to 616), was noted. The Chair of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee then answered questions.
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50 (p) |
Children and Families Overview and Scrutiny Committee (Chair: Councillor Barbara Brodigan)
The written statement of Councillor Barbara Brodigan having previously been circulated and which appeared at pages 373 - 374 of the agenda pack and which appears in the Minute Book (pages 617 to 618), was noted.
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51 |
Notices of Motion
The Chair, Councillor David Ireton, advised that three Notices of Motion had been submitted. The Chair confirmed that he had ruled as follows on each of the submitted motions:
(1) Increase electricity grid generation and import capacity across North Yorkshire – motion to be debated at the meeting (2) Delays to 2030 climate change target – motion to be debated at the meeting (3) United Nations Sustainable Development Goals – motion to be referred to the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee and the Audit Committee
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51 (1) |
Increase electricity grid generation and import capacity across North Yorkshire
Following the response from Northern Power Grid to the motion calling for increased capacity to be provided in North Yorkshire, this council resolves to follow up with a request for further information, action plans and a roadmap for delivery to increase electricity grid generation and import capacity across North Yorkshire from Northern Power Grid, National Grid and Ofgem.
Furthermore, this council will write to the relevant Minister at the Dept of Energy Security and Net Zero to register our serious concerns on the issue and request information on government support for immediate action to resolve the issue.
Proposer: Councillor Steve Mason Seconder: Councillor Bryn Griffiths
The notice of motion was moved by Councillor Steve Mason and Seconded by Councillor Bryn Griffiths.
The motion was then debated.
An amendment to the motion was then moved by Councillor Richard Foster and seconded by Councillor George Jabbour.
Following the
response from Northern Power Grid to the motion calling for
increased capacity to be provided in North Yorkshire and
the work that North Yorkshire Council has been carrying out since
then, this council resolves
1- to follow the action plan and roadmap already set out to continue to build relations with Northern Powergrid 2- to invite representatives from the National Grid to attend a meeting of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee, which would be open to all elected members, to explain the impact that their recent announcement about increased investment will have on North Yorkshire 3- to work with Northern Powergrid and the National Grid to help enable North Yorkshire to achieve its climate change goals in a reasonable and realistic manner and to increase the capacity of and connections to the electricity distribution network
The amendment was then debated.
On a vote being taken on the amendment 47 Members voted for the motion, 33 voted against and there were no abstentions.
The amendment was therefore carried and became the substantive motion.
On a vote being taken on the substantive motion 48 Members voted for the motion, 14 against and there were 18 abstentions and therefore the Chair declared the motion carried.
Resolved –
Following the response from Northern Powergrid to the motion calling for increased capacity to be provided in North Yorkshire and the work that North Yorkshire Council has been carrying out since then, this Council resolves:
1- to follow the action plan and roadmap already set out to continue to build relations with Northern Powergrid 2- to invite representatives from the National Grid to attend a meeting of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee, which would be open to all elected members, to explain the impact that their recent announcement about increased investment will have on North Yorkshire 3- to work with Northern Powergrid and the National Grid to help enable North Yorkshire to achieve its climate change goals in a reasonable and realistic manner and to increase the capacity of and connections to the electricity distribution network
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51 (2) |
Delays to 2030 climate change target
This council notes with regret, the watering down of net zero targets, announced recently by the Prime Minister, including delaying the ban on petrol and diesel cars and other measures beyond 2030. This council believes that delays to 2030 target implementation will impact adversely on the national net zero target date of 2050, and will stall the overarching direction of travel and opportunities for action to tackle climate change across North Yorkshire and achieve net zero by 2034, as identified by this council in its climate change strategy.
The council resolves to write to the minister of State for Energy Security and Net Zero, the Right Honourable Graham Stuart MP, expressing our concerns that these proposals will make the council’s climate change strategy more difficult, if not impossible, to achieve.
Proposer: Councillor Andrew Murday Seconder: Councillor Bryn Griffiths
The notice of motion was moved by Councillor Andrewy Murday and seconded by Councillor Bryn Griffiths.
The motion was then debated.
On a vote being taken 34 Members voted for the motion, 45 voted against and there were no abstentions. The motion therefore fell.
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51 (3) |
United Nations Sustainable Development Goals
Background - the United Nations Sustainable Development Goals (UNSDGs) are a set of 17 goals that aim to address global challenges and foster sustainable development worldwide. These goals cover a range of issues, including strong economic growth, strong institutions, poverty eradication, equality, clean energy, climate action, and nature protections, among others.
Motion to Council - A more equitable, sustainable, and resilient North Yorkshire This Council notes with concern the recent Special Report from the United Nations Secretary General – “Progress towards the Sustainable Development Goals: towards a rescue plan for people and planet“- published in July 2023 to mark the midpoint between 2015 and the delivery date of 2030.
The Secretary General finds that “… many of the Goals are moderately to severely off track and puts forward five major recommendations to rescue the Goals and accelerate implementation between now and 2030.”
This Council notes the third of those recommendations, calling upon Governments to “… strengthen national and subnational capacity, accountability and public institutions to deliver accelerated progress towards achieving the Sustainable Development Goals.” Furthermore, this council recognises the main reasons of the Local Government Association as to why councils should investigate and implement the UNSDGs:
· Making progress towards these comprehensive and universal global goals by 2030 will depend on action at the local level, and councils are key actors at that level. · The SDGs can help focus efforts on the health and wellbeing of people that are the furthest behind. · Engagement with the SDGs supports and complements the declaration of a climate emergency. · The SDGs can provide councils with a framework for strategic planning, policy review and action for sustainable development – for economic progress, social justice and inclusion, protection of the climate, environment and biodiversity, and ensuring no one is left behind. · The SDGs can help councils to foster strategic partnerships, framing joint actions and shared priorities in terms of the goals. · The resource burden for initial engagement with the SDGs is low.
To that end, North Yorkshire Council resolves to adopt the United Nations Sustainable Development Goals (UN SDGs) as a framework for informing our local authority's policies, work programs, functions, and initiatives. By doing so, we commit to aligning our strategies with the national and global agenda for sustainable development and working towards achieving these goals within our sphere of influence; thus recognising the significance of the UN SDGs as a comprehensive framework for sustainable development at the global level. We shall seek to apply the UN SDGs at the local level for the wellbeing of our residents.
The Council believes that:
1. Adopting the UN SDGs will provide a clear direction for our local authority's policies, work programs, and initiatives, ensuring their alignment with the national and global agenda for sustainable development. 2. Emphasising the importance of multi-stakeholder collaboration and partnerships will help in implementing the UN SDGs effectively. 3. Committing to regular monitoring, reporting, and evaluation of our progress towards achieving the UN SDGs is vital to engage our community in the process. 4. Encouraging cooperation and knowledge-sharing with other local authorities across the UK and world that have already adopted the UN SDGs, will help in promoting collective action and learning both locally and globally.
The Council therefore agrees to:
A. Adopt the UN SDGs as a framework for informing our local authority's policies, work programs, and initiatives. B. Contribute to the achievement of the UN SDGs through the council strategies and developing plans. C. Actively engage and collaborates with other local authorities, organisations, and community groups to share best practices, experiences, and lessons learned in advancing the UN SDGs. D. Receive an annual report setting out the Council’s contributions to the global agenda for sustainable development.
By taking this step, we can also demonstrate our commitment to act at a local level whilst contributing to the global effort to achieve a more equitable, sustainable, and resilient world for future generations.
Proposer Cllr. Steve Mason Seconder Cllr. Peter Lacey
The motion was moved and seconded and referred to the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee and the Audit Committee.
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52 |
Motion calling on trail hunting referred from Council on 19 July 2023 – recommendations from the Corporate and Partnerships Overview and Scrutiny Committee
Council were requested to consider the recommendation of the Corporate and Partnerships Overview and Scrutiny Committee following consideration of a Notice of Motion which had been referred to it by Council at its meeting held on 19 July 2023. The recommendations of that Committee were that there be no further action in response to the Notice of Motion and appeared at page 378 of the agenda.
The original motion that was to be debated is as detailed below:
“North Yorkshire Council does not allow illegal activity on our land. As cited by Chief Supt Matt Longman, the National Police Chief’s Council lead on foxhunting, the 2004 Hunting Act is not working effectively and illegal hunting is still common practice. Under the act, hunting mammals with hounds is banned but trail hunts using the scent of animals are allowed to take place. Across the country, hunts are using trail hunts as a loophole to carry on hunting foxes and other animals. So called terrier men are frequently present with shovels and terriers, while scent trails are often not present.
There have even been online sessions that tell people how to avoid being caught by using trail hunting as a smokescreen for the hunting of foxes. The Hunting Act is unworkable and leaves the police caught in the middle of the hunting debate.
Public confidence is being eroded.
A recent FOI request to NYC asking if trail hunting takes place on council owned land produced a reply stating that “we are not aware of any trail hunting activity that takes place on council owned land”.
A similar response from the Exec when asked same.
North Yorkshire is the largest county in England. There are thirteen Hunts in North Yorkshire according to “northyorkshirehorse” and the BHSA (British Hounds Sports Assoc): Derwent, Sinnington, York & Ainsty North, Bedale, Bilsdale, Cleveland, Goathland & Glaisdale, Hurworth, Middleton, Staintondale, Highmoor Bloodhounds, West of Yore, York & Ainsty South.
This council has a duty to uphold the law. We must be pro-active. In order to guarantee the safety of North Yorkshire’s wildlife I present the following motion to council.
We call upon Council:
“This council resolves to ban trail hunting, exempt hunting, hound exercise and hunt meets outright across all council land where legally possible, including any NEW tenancies where there are positive covenants attached to the land that currently require the council as owner to allow trail hunting events and formal gatherings.”
We request that the Chairman considers that the matter be debated today at Council without being referred to the Executive or a relevant committee. This is because the hunting season is September to March and therefore this motion requires debating at the July full council as to do so in November will potentially put the lives of wildlife at risk.”
Proposer – Councillor Rich Maw Seconder – Councillor Arnold Warneken
The motion was moved by Councillor Rich Maw and Seconded by Councillor Arnold Warneken.
The motion was then debated.
An amendment to the final two paragraphs of the motion was then moved by Councillor Andy Brown and seconded by Councillor David Noland.
‘‘This council resolves to
ban
The use of non-animal scents will keep wildlife safe whilst allowing the hunting experience to continue.”
The amendment was then debated.
On a vote being taken on the amendment 27 Members voted for the motion, 47 voted against and there were 6 abstentions.
The amendment therefore fell and a vote was taken on the original motion as moved.
On a vote being taken on the original motion 26 Members voted for the motion, 44 voted against and there were 9 abstentions. The motion therefore fell.
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53 |
Motion on water quality referred from Council on 19 July 2023 – recommendation from the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee
Council was requested to consider the recommendation of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee following consideration of a Notice of Motion which had been referred to it by Council at its meeting held on 19 July 2023. The recommendations of the Committee were detailed at Section 8 of the report (pages 384 and 385 of the agenda) and consisted of a number of proposed amendments to the original motion.
The original motion that was to be debated is as detailed below, with the amendments as proposed shown (insertions in bold, deletions in strikethrough):
“This Council resolves to:
1. Recognise it has a role and agrees to define its role to protect the rivers, watercourse and seas in North Yorkshire and precious habitats these support as far as possible from the cumulative impacts of pollution, including in line with its local planning policy and the National Planning Policy Framework.
2. Be aware that there is evidence of deterioration of water quality due to the cumulative impact of nitrates phosphates, micro-plastics, pharmaceuticals, historical metal mining, waste and minerals activities, rural diffuse pollution and multiple sewage discharge events from diffuse and point source pollution including private and statutory waste treatment systems to monitor, measure and seek to better understand the impact on our local rivers, wildlife and the health of our residents.
3. Draw on
relevant evidence that assesses the cumulative impact of pollution
so that this is appropriately factored into the emerging North
Yorkshire plan, including the
4. Ask the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee to invite senior representatives from Yorkshire Water, the Environment Agency, Yorkshire Dales River Trust, Nidd Action Group, Natural England, Yorkshire Wildlife Trust, the National Farmers’ Union and other interested groups to attend a meeting to allow for a better understanding of the current levels of pollution and remedial action being taken in this regard.
5. Ask all
relevant water companies
6. Ask the Leader and appropriate Executive Members to collaborate with other Local Authorities facing similar water quality problems in order to best understand how we can use our influence to reduce and mitigate the damage done to our watercourses.
7. This
Council plays its part in supporting communities who wish to
attain
8. Planning Policy should give specific weight and consideration to the potential impacts on watercourses and river waterbodies both in terms of potential contamination and health.
9. To ask the Leader of the Council, if the motion is carried, to write to the Secretary of State for Environment, Food and Rural Affairs to request that the policy issues raised in the Notice of Motion be included as part of the National Planning Policy Framework.
This motion has been endorsed by the: Yorkshire Dales Rivers Trust; River Ure Conservation Trust.”
Proposer – Councillor Arnold Warneken Seconder – Councillor Mike Schofield
The motion was moved by Councillor Arnold Warneken and seconded by Councillor Mike Schofield who both accepted the amendments of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee as set out above.
The motion was then debated and on a vote being taken it was approved unanimously.
Resolved -
This Council resolves to:
1. Recognise it has a role and agrees to define its role to protect the rivers, watercourse and seas in North Yorkshire and precious habitats these support as far as possible from the cumulative impacts of pollution, including in line with its local planning policy and the National Planning Policy Framework.
2. Be aware that there is evidence of deterioration of water quality due to the cumulative impact of nitrates phosphates, micro-plastics, pharmaceuticals, historical metal mining, waste and minerals activities, rural diffuse pollution and multiple sewage discharge events from diffuse and point source pollution including private and statutory waste treatment systems to monitor, measure and seek to better understand the impact on our local rivers, wildlife and the health of our residents.
3. Draw on
relevant evidence that assesses the cumulative impact of pollution
so that this is appropriately factored into the emerging North
Yorkshire plan, including the
4. Ask the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee to invite senior representatives from Yorkshire Water, the Environment Agency, Yorkshire Dales River Trust, Nidd Action Group, Natural England, Yorkshire Wildlife Trust, the National Farmers’ Union and other interested groups to attend a meeting to allow for a better understanding of the current levels of pollution and remedial action being taken in this regard.
5. Ask all
relevant water companies
This motion has been endorsed by the: Yorkshire Dales Rivers Trust; Lower Ure Conservation Trust; Yorkshire Wildlife Trust.
The motion be reviewed by the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee in six months.” |
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54 |
Use of Special Urgency and Call-in Exemption decisions under Access to Information Procedure Rule 16 and Overview and Scrutiny Procedure Rule 16 - Report of the Leader
The report on the Use of Special Urgency Procedures since the last meeting of the Council on 19 July 2023 was considered and the recommendation at page 387 - 391 of the agenda pack (page 635 of the Minute Book) was moved and seconded.
Resolved –
That the report on the Use of Special Urgency Procedures since the last meeting of the Council in July 2023, be noted.
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55
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Council Procedure Rule 10 Questions
There were no Council Procedure Rule 10 questions.
The meeting ended at 4.15 pm. |
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