North Yorkshire Council
Executive
Minutes of the meeting held on Tuesday, 18 March 2025 commencing at 11.00 am.
Councillor Carl Les in the Chair plus Councillors Mark Crane, Keane Duncan, Simon Myers, Heather Phillips, Janet Sanderson, Greg White and Annabel Wilkinson.
Remote attendance: Councillor Michael Harrison
In attendance: Councillors Alyson Baker, Caroline Goodrick, Paul Haslam (remote), George Jabbour, Nigel Knapton, and Tony Randerson (remote).
Officers present: Richard Flinton, Gary Fielding, Stuart Carlton, Richard Webb, Nic Harne, Karl Battersby, Natalie Smith, Jennifer Norton, and St John Harris.
Apologies: Councillor Gareth Dadd
Copies of all documents considered are in the Minute Book
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Apologies for Absence
An apology for absence had been received from Councillor Gareth Dadd. It was noted that Councillor Michael Harrison was attending the meeting remotely and would not be able to participate in the votes.
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Minutes of the Meeting held on 18 February 2025
Resolved that the public Minutes of the meeting held on 18 February 2025, having been printed and circulated, be taken as read and confirmed by the Chair as a correct record.
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Declarations of Interest
There were no declarations of interest.
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Exclusion of the Public
It was noted that the reports relating to Minute item 648 – Acquisition of new build properties in Scarborough and Norton for use as affordable rented accommodation to take into the Housing Revenue Account and Minute item 649 - Management Options for Scarborough Museum and Galleries each contained an exempt Appendix A. As the contents of the appendices were not discussed there was no requirement to exclude the public from the meeting during consideration of these items.
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Public Participation
The two public questions submitted were considered under Minute item 649 - Management Options for Scarborough Museum and Galleries.
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North Yorkshire Autism All-Age Strategy 2025-2030
Considered a report of the Corporate Director of Health and Adult Services which sought approval of the North Yorkshire Autism All-Age Strategy 2025-2030.
The Executive Member for Health and Adult Services, Councillor Michael Harrison introduced the report commending the multi-agency approach and ambition behind the strategy. He noted that the strategy would be supported by a robust Annual Delivery Plan which would acknowledge the actions within local control as distinct from some challenges which required change at a national level. Other Executive Members also commended the strategy, its vision and priorities.
Resolved (unanimously) that North Yorkshire Council Executive adopts the North Yorkshire Autism All-Age Strategy 2025-2030.
Reasons for recommendations The strategy is recommended for approval to ensure that the council meets its statutory obligations and supports autistic individuals in achieving full, happy, and healthy lives.
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North Yorkshire Council Local Development Scheme
Considered a report of the Corporate Director of Community Development which sought approval of the council’s revised Local Development Scheme.
The Executive Member for Open to Business, Councillor Mark Crane introduced the report noting that preparation of a Local Development Scheme (LDS) was a requirement of national planning legislation and set out the timescales for preparing development plan documents including Local Plans. The current LDS had been approved in February 2024; however in light of changes to the National Planning Policy Framework (NPPF) in December 2024, all local planning authorities were required to produce an updated LDS. In the ensuing discussion Councillor Crane recognised the challenges presented by the revised NPPF, not least the new housing need figure of 4077, and referenced further challenges in the near future occasioned by further legislative changes, but with his confidence in officers, he remained hopeful that the council would rise to these challenges.
Resolved (unanimously) that:
Reasons for recommendations
The preparation of a LDS is a statutory requirement as set out in the Planning and Compulsory Purchase Act 2004.
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Community Infrastructure Levy Spending and Infrastructure Funding Statement 2023/24
Considered a report of the Corporate Director of Community Development which proposed amendments to the Community Infrastructure Levy (CIL) spending process and sought approval of the 2023/24 North Yorkshire Infrastructure Funding Statement.
The Executive Member for Corporate Services, Councillor Heather Phillips introduced the report advising that the report’s proposals would enable the council to adopt a strategic approach to CIL spending to respond better to changing infrastructure needs and priorities and to ensure any future funding agreed would align with the corporate priorities of the council and objectives and the emerging North Yorkshire Local Plan. This required a pause in spending the strategic CIL pot at this time, while further work was undertaken, and member engagement was actioned. The report also acknowledged several outstanding historic allocations which it was recommended should be reconfirmed and progressed. These included two education capital schemes in the Ryedale area – Welburn Hall School and Norton Lodge, a new primary school at Norton – which were commended by Executive Member and local Division Councillor Keane Duncan. He and other members voiced support for the recommended approach.
Resolved (unanimously) that the Executive: i) agree the proposed amendment to the CIL spending process. ii) agree no spend of the strategic CIL pots until the above changes have been implemented. iii) reconfirm the allocations previously agreed. iv) approve the 2023/24 North Yorkshire Infrastructure Funding Statement (Appendix B) and publish it on the Council website.
Reasons for recommendations The recommendations within the report will: · provide clarity, transparency and consistency in the allocation and spending of CIL receipts. · ensure CIL receipts are spent on infrastructure required to support development, in accordance with the CIL Regulations 2010 specifically as amended in September 2019 (‘the CIL Regulations’). · ensure CIL serves its purpose of supporting the delivery of the infrastructure necessary to support the development in North Yorkshire. · meet regulations with regard to the approval and publication of the IFS.
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Second Homes Council Tax Housing Fund Framework
Considered a report of the Corporate Director of Community Development which sought approval of a programme of housing initiatives that would be funded through the revenue generated by the premium on Second Homes Council Tax.
The Executive Member for Culture, Arts and Housing, Councillor Simon Myers introduced the report, commending its proposals which sought to use this additional revenue to address in an intelligent and nuanced way the need for additional affordable homes in the county which remained a key priority for the council and a core objective of the Council’s Housing Strategy. He noted too the breadth and complexity of the proposals which in addition to an Affordable Housing Delivery Fund and Rural Housing Delivery Fund, included housing for those with high support needs, area based regeneration schemes for key workers, a much-needed supported housing facility to help meet the needs of individuals with multiple and complex needs who have a history of rough sleeping, and continued support for community led housing. Other Executive members welcomed the report noting the emphasis on supported housing and the inclusion of shared ownership schemes.
Resolved (unanimously) that the Executive:
Reasons for recommendations To enable the delivery of a housing initiative that support the priorities as set out in the Council’s Housing Strategy.
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Housing Revenue Account Policy Framework
Considered a report of the Corporate Director of Community Development in respect of a proposed HRA policy framework which set out the policies, procedures and standards required to deliver a harmonised landlord service to council tenants.
The Executive Member for Culture, Arts and Housing, Councillor Simon Myers presented the report advising that the policy framework had been designed to harmonise policy across the HRA functions, to align with new consumer standards and to promote transparency, influence and accountability, that is, to document the council’s relationship with tenants and to outline clearly to tenants what service they could expect from North Yorkshire Council. Delegations were also recommended to ensure that harmonisation was achieved as quickly as possible, whilst not detracting from the quality of the policy development.
Resolved (unanimously) that:
Reasons for recommendations In order to promote transparency, to expedite decision making and to ensure that a harmonised HRA Policy Framework is agreed, in place and communicated to tenants as soon as possible.
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Repairs Standard
Considered a report of the Corporate Director of Community Development which sought approval of a new Housing Repairs Standard, setting out the obligations and commitments of the council in respect of responsive repairs and maintenance to properties let by the council.
The Executive Member for Culture, Arts and Housing, Councillor Simon Myers introduced the report which proposed the harmonisation of the council’s Repairs Standard in order to provide an agreed, transparent and consistent service to all tenants and leaseholders based on legislative requirements. In the ensuing discussion, it was noted that the Local Government Ombudsman was a necessary backstop in the event of service failure; however the new standard provided a clear framework of accountability for the delivery of council repairs.
Resolved (unanimously) that the Executive:
Reasons for recommendations The new Repairs Standard will set a new direction that is informed by best practice to underpin an improved repairs services for council tenants and leaseholders and for their wider households. Instilling higher standards through the policy will also help to avert complaints and disrepair cases from emerging.
The new standard will help the council to deliver the Social Housing Regulator’s consumer standards, specifically the Safety and Quality Standard and the Transparency, Influence and Accountability Standard.
Delegating amendments to the standard required by changes to legislation and regulation to the Executive Member for Culture, Arts and Housing would allow for quicker changes to be made if needed to meet any new legal or regulatory requirements introduced during the 3 year period between reviews.
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Acquisition of new build properties in Scarborough and Norton for use as affordable rented accommodation to take into the Housing Revenue Account
Considered a report of the Corporate Director of Community Development which sought approval to acquire new build properties at two separate locations in Scarborough and Norton to be taken into the Housing Revenue Account.
The Executive Member for Culture, Arts and Housing, Councillor Simon Myers introduced the report commending the council’s initiative in progressing the development of these new council homes in much needed locations despite the unavailability of Homes England funding. Councillor Tony Randerson then addressed the meeting. Councillor Myers echoed Councillor Randerson’s particular support for social rented homes, whilst welcoming the overall mix of shared ownership properties, general needs social rented housing and homes for move on accommodation for homeless households.
Resolved (unanimously) that the Executive:
i. approves the acquisition of 19 new build properties in Scarborough and Norton
ii. delegates authority to the Corporate Director Resources to finalise the funding strategy.
Reasons for recommendations The reason for the recommendation is to provide 19 properties of new affordable housing in Scarborough and Norton, which will meet both the requirements of the Housing Revenue Account Business Plan and the Temporary Accommodation business case for the development of 90 new units of temporary accommodation across North Yorkshire.
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Management Options for Scarborough Museum and Galleries
Considered a report of the Corporate Director of Community Development which outlined options for the future management of the collections and gallery/museums buildings currently managed by Scarborough Museum, Creative & Cultural Trust (SMCCT).
Before the Executive Member for Culture, Arts and Housing, Councillor Simon Myers presented the report, it was noted that correspondence in relation to the report had been received since publication of the agenda from the Rotunda Geology Group, the Principal of Scarborough Sixth Form College, and Dr Jane Mee. Councillor Myers advised that the report proposed that the Executive accepted the request by the Trustees of SMCCT for the council to progress termination of SMCCT’s Service Level Agreement and bring the museum and gallery service back into direct council management. By virtue of his Executive portfolio, Councillor Myers commented that he represented North Yorkshire Council on the SMCCT Board of Trustees but had recused himself from involvement in the Board’s decision to make this formal request to the council. He commended the dedication and talent of the Board who had done their best to deliver the museum and gallery service in Scarborough, and had thought very carefully about the future delivery of the service.
Two public statements were then presented to the Executive as follows:
Marie Woods, Chief Executive, Land of Iron Mining Museum
I am Marie Woods BA (Hons) MA, a heritage professional with over 15 years’ experience of working within the heritage sector. I have worked in local authority museums and national museums. I am the Director of Heritage Adventures Ltd, and am currently employed as CEO and Mine Manager at Land of Iron, an independent industrial museum in the North East. I am here today in an independent capacity, but with the full disclosure of having been a Trustee of Scarborough Museum and Galleries.
I wish to express my reasoned opposition to the proposal of handing over the management and governance of Scarborough Museum and Galleries to North Yorkshire Council.
1. Financial and Operational Concerns According to the charity’s only available financial statements, Scarborough Museum and Galleries had managed its resources responsibly, with clear accountability through the Charity Commission’s annual reports.
The 2022/23 Report and audited accounts for SMCCT, where I am a named Trustee, and the then Secretary, Andrew Clay, states: “Financial performance in the year was satisfactory, resulting in a deficit of £49,933 and total reserves at the year-end standing at £384,136.” (Page 6)
In the 2022/23 SMCCT Report the Auditor states: “we have not identified any material uncertainties relating to events or conditions that, individually or collectively, may cast significant doubt on the charitable company's ability to continue as a going concern for a period of at least twelve months from when the financial statements are authorised for issue” (page 8)
In 2022/23 the SLA was £426,660 which is noted under Charitable Activities within the accounts. The SLA for 2023/24 was raised in a Board meeting and a figure of £490,000 was mentioned as the income for the next financial year. The confirmed amount from the Executive Report states the actual figure to be £491,100. Going into the financial year 2023/24 with reserves of £384,136 and an SLA income of £491,100, SMCCT placed the organisation in a viable position. I am unsure as to why the position of the Trust is now deemed to be non-viable.
Regardless of the above, local authority management can also lead to complex financial entanglements, particularly when it comes to funding and resource allocation, something I have first-hand experience of. Local government finances are subject to changes in political leadership and public funding priorities, which can result in cuts to budgets, potentially undermining the museum's ability to sustain its operations and care for its collections. Therefore, also jeopardising its earned Accreditation status.
The involvement of North Yorkshire Council, with its broader financial constraints, could create an environment where funding is unpredictable, and valuable resources—both financial and in terms of staffing—may be reduced or stretched to way beyond its capacity. This could negatively affect the museum's ability to continue delivering high-quality exhibitions, educational programming, and community engagement.
2. Loss of Community Influence and Engagement Scarborough Museum and Galleries operation as a local charity enables the community to have a voice in the museum’s activities. Partner organisations (as can be seen in the capacity of the North Yorkshire Coast Heritage Forum where SMG has been a valued and consistent member since its formation), volunteers, and residents have the opportunity to directly influence the direction of the museum, ensuring that its offerings reflect and meet local interests and needs. The proposed handover to North Yorkshire Council raises concerns that such community involvement could be sidelined, as the Council may not prioritise the needs of Scarborough’s population or help to maintain the cultural identity which the museum has sought to preserve and promote over the years.
3. Lack of Transparency and Consultation There has been little transparent communication regarding the full details of this proposal, including how it will impact the museum’s staff, collections, and educational initiatives. I urge the Board to undertake a more robust consultation process with the local community, museum patrons, and relevant stakeholders before proceeding further. It is critical that the voices of those who use and value the museum are heard, as they are integral to its continued success and relevance.
In conclusion, I believe that the proposed transfer of Scarborough Museum and Galleries to North Yorkshire Council requires careful reconsideration. The potential impact on the museum’s accreditation status, financial stability, and community engagement should not be underestimated.
Thank you.
John Oxley MBE, FSA
Thank you for this opportunity to speak to the Executive about Agenda item 13 concerning the future of Scarborough Museums and Galleries.
I am John Oxley, MBE FSA, a professional archaeologist and heritage practitioner with over 40 years’ experience of working as an archaeologist in local authority museum service (Southampton), as City Archaeologist with City of York Council and now as an independent archaeological consultant. I was awarded an MBE in 2001 for services to Heritage. I am also Co-Director of Big Ideas By The Sea, an annual independent festival held in May in Scarborough. My representation here is personal and is not related to Big Ideas By The Sea.
Over the course of my career, I have both observed and worked with the two main governance structures for museum and gallery services: independent Charitable Trusts and in-house Local Authority Museum and Gallery Services.
It is my professional view that a well-led, dynamic independent Charitable Trust that works collaboratively with its local communities represents by far the best model to provide a museum and gallery service.
A well-led, dynamic independent Charitable Trust is able to access a wider range of funds than a Local Authority museum service; it is able to make decisions much more quickly, given its leaner management and governance structure; it is, or it should be, deeply embedded in and supported by the communities it serves; and it does not have to compete directly against the financial demands of statutory services within highly constrained Local Authority budgets subject to constant cuts.
I am therefore opposed to the termination of the Service Level Agreement (SLA) between SMCCT and North Yorkshire Council and the transfer of the service back into the Local Authority.
The Report does not provide reasonable justification for this termination and transfer. It refers elliptically to the “deteriorating financial position” of SMCCT (para 3.5), it infers that SMCCT may “become unviable” (Para 4.1). However, no evidence is provided to support these statements in the public report. The exclusion of Appendix A (Restricted Enclosure 37 Document 13/2) from the Public Record is therefore unfortunate. This is, after all, public money.
Indeed, a rapid review of the information in the public domain does not suggest either unviability or a deteriorating financial situation.
Para 9.1 of the Executive Report refers to the Local Authority contribution to SMCCT under the SLA. In 2024/25 the payment to SMCCT is £491,100; in 2025/26 it is projected to be £503,377. These are substantial sums of money representing Local Authority support that many independent Charitable Trusts would consider a guarantee of future financial viability. Moreover, the SLA runs to 2038, increasing year on year by the same percentage increase in CPI, giving SMCCT a significant guaranteed inflation-related income. One could see the termination of the SLA as being in the financial interests of the Local Authority, as termination removes this ongoing legal obligation to fund the museum. Future support for museums and galleries in Scarborough once within North Yorkshire Council will become discretionary.
The last published Accounts for SMCCT are for financial year 2022/23 and are available on the Charities Commission website (https://register-of-charities.charitycommission.gov.uk/en/charity-search/-/charity-details/4009238/accounts-and-annual-returns) . The reporting and submission of accounts for 2023/24 is now 40 days overdue so there is no public information available at present for the last financial year, 2023/24.
The 2022/23 Report and audited accounts for SMCCT are dated 27th March 2024 – almost 12 months to the day of this Executive meeting.
In the SMCCT Report, the then Secretary, Andrew Clay, states:
“Financial performance in the year was satisfactory, resulting in a deficit of £49,933 and total reserves at the year-end standing at £384,136.” (Page 6)
In the 2022/23 SMCCT Report the Auditor states:
“we have not identified any material uncertainties relating to events or conditions that, individually or collectively, may cast significant doubt on the charitable company's ability to continue as a going concern for a period of at least twelve months from when the financial statements are authorised for issue” (page 8)
In 2022/23 the SLA was £426,660. The SLA for 2023/24 is not in the public domain at this time, but it will be between £426660 (22/23) and £491,100 (24/25). Going into the financial year 2023/24 with reserves of £384,136 and an SLA income of between £426,660 and £491,100, SMCCT looks to have been in a healthy position. In all reported respects, the outlook for SMCCT looked rosy.
So, I ask the questions: why is SMCCT unviable? Where is the evidence? What has happened since the 2022/23 Report and Accounts to make the Trustees request that the SLA be terminated? Where is the evidence to support the conclusions of the author of the Executive Report that to:
“develop and implement a recovery plan with the Trust … would require significant financial and management support [from the Council] … and is not considered a viable option at this time.”
Furthermore, the Executive Report makes no reference to any consultation with the wider heritage and other communities in Scarborough. How do we want our Museum and Gallery Services run? We should all be consulted.
Finally, I reiterate my view that a well-led, dynamic, independent Charitable Trust working collaboratively with its local communities, funded through the SLA until 2038 represents by far the best model to provide a museum and gallery service in Scarborough. If not, we need to know why not.
Thank you Chair.
Local Division member, Councillor Rich Maw then addressed the meeting highlighting the importance of the museum and galleries to local residents and beyond and raising concerns that bringing the service back into direct council management may lead to a reduction in budget, a diminution of service provision, and loss of local control and influence. Councillor Maw sought a commitment from the Executive Member that he would continue to work with local groups including the Rotunda Geology Group to ensure they had a say in the delivery of the service. He then cited a letter from the Rotunda Geology Group which enquired what proposals North Yorkshire Council had in place to recognise the cultural, historic, and scientific importance of the national treasure of the Rotunda Museum when the council took over the management of the service. Lastly, Councillor Maw expressed the wish that staff’s jobs be safeguarded in their TUPE transfer to the council.
Councillor Myers then responded to these submissions. He began by making the clear distinction that the Executive was not the Trustees but had to respond in the best way possible to the Trustees’ request. He reiterated that the council had been extremely supportive of Trustees and staff and that welfare of staff was paramount as reflected in the TUPE proposal. The council had worked with SMCCT to ensure they retained their accreditation. Councillor Myers continued that he was a great believer in the delivery of museum and gallery services by the local authority as exemplified by the recent success of the Craven Museum. The council’s Culture and Archives Service was committed to delivering social value through the service, particularly in deprived communities where great benefits could be realised. He acknowledged too the service’s value to the local visitor economy. He fully supported the establishment of a representative group of interested parties in Scarborough which could draw on the expertise and talents of the local community, citing the successful example of the Friends of the Mercer Gallery in Harrogate. In light of the Trustees’ request, he felt that Option One was the inevitable decision to protect the collections and in the interests of both residents and visitors.
In response, both public speakers welcomed the Executive Member’s commitment to working with local stakeholders to achieve the best outcomes for the service.
Other Executive members commented on the report, noting that some of the points made by the public speakers would be better directed at the SMCCT, and underlining the potential benefits to be gained from local authority control, for example, in governance and diversification of offer.
Resolved (unanimously) that the Executive: i) progress termination of SMCCT’s Service Level Agreement and bring the museum and gallery service back into direct Council management within the Culture and Archives Service, as set out in Option One. ii) delegate authority to agree the final terms of and the authority to enter into these agreements with SMCCT to the Corporate Director – Resources in consultation with the Corporate Director – Community and Development and the Assistant Chief Executive Legal and Democratic. iii) approve a transition budget of £56k to support the delivery of a safe and legal transfer of services, funded from Corporate Reserves.
Reasons for recommendations To provide an efficient option for the ongoing management of Scarborough’s Museum and Gallery service which minimises service disruption and financial risk for the Council.
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Review of Household Recycling and Waste Collection Guidance
Considered a report of the Corporate Director of Environment which sought approval of adoption of a harmonised household recycling and waste collection guidance document to support the provision of frontline services.
The Executive Member for Managing Our Environment, Councillor Greg White presented the report which following full Council’s recent decision to harmonise the council’s approach to waste collection, recommended a common set of service standards for the council’s waste teams.
Resolved (unanimously) that:
Reasons for recommendations The production of a harmonisation collection guidance document is one of five key stages in the full harmonisation of the waste service alongside agreement of a future service model, procurement of a single waste system, route optimisation and the roll out of the new collection model. The harmonisation process is going to continue for a number of years and as such there may be a need to update the guidance to reflect the changes occurring.
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Forward Plan
Considered the Forward Plan for the period 7 March 2025 to 31 March 2026.
Resolved that the Forward Plan be noted.
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Date of Next Meeting - 15 April 2025
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The meeting concluded at 12.35 pm.