North Yorkshire County Council

 

Executive

 

20 September 2022

 

Consideration of Motions on Climate Change referred to the Executive at the meeting of the County Council on 20 July 2022

 

Report of the Assistant Chief Executive (Legal and Democratic Services)

 

 

1.0

 

PURPOSE OF REPORT  

 

1.1

 

 

 

To enable the Executive to consider the two motions relating to climate change that were referred by County Council at their meeting on 20 July 2022 and to make recommendations to the meeting of the County Council on 16 November 2022.

 

 

2.0     BACKGROUND         

 

2.1     At the meeting of the County Council on 20 July 2022, two Notices of Motions relating to the Council’s response to climate change were considered.  County Council resolved that the motions be referred to a meeting of the Executive for consideration, with recommendations to be brought back to the meeting of the County Council on 16 November 2022.  The motions are at Appendix 1.

 

2.2     The Council’s Constitution (Council Procedure Rules, section 11, page 193) states:

 

          (h) If a motion is referred to the Executive or one committee only, the Executive or that committee shall report to the Council upon that motion together with its recommendation.  If a motion is referred to more than one committee, the Executive shall report to the Council upon that motion together with its recommendations.  The report of the Executive or any committee to which a motion has been referred shall contain a statement of that motion.

 

(i) When the Executive or a committee reports back on a motion, the motion, as originally moved and seconded at the earlier meeting, will be the matter before the Council.  Any recommendation of the Executive or committee to amend the motion will therefore be an amendment to the motion and any recommendation to support or oppose the motion will be only an expression of views.

 

 

3.0     DEDICATED OVERVIEW AND SCRUTINY COMMITTEE

 

3.1     Both of the motions propose the establishment of a new overview and scrutiny committee specifically to monitor the Council’s progress in the implementation of climate change and environmental/bio-diversity action plans and to ensure oversight of the collective ambition of the council.

 

3.2     Currently, the Transport, Economy and Environment Overview and Scrutiny Committee (TE&E OSC) is the lead scrutiny committee on matters relating to climate change.  The other four thematic overview and scrutiny committees undertake scrutiny relevant the achievement of carbon reduction targets in relation to the council services within their terms of reference.  This work is coordinated with TE&E OSC and Scrutiny Board (the informal meeting of the Chairs of the Council’s overview and scrutiny committees).

 

3.3     The creation of a new overview and scrutiny committee would take the number of overview and scrutiny committees in this financial year to seven.

 

3.4     Were a new overview and scrutiny committee to be constituted it is assumed that it would be politically balanced with 16 Members and that it would meet four times a year in public.

 

3.5     As part of the implementation of a new unitary authority, the overview and scrutiny function is under review and recommendations will be brought to the relevant member working group, Constitutional Working Group, Executive and County Council later this year. 

 

 

4.0     CABINET ROLE

 

4.1     The second of the motions recommends the creation of a new cabinet role to reflect the scale of the job.

 

4.2     The portfolio of one Executive Member currently includes, amongst other responsibilities, responsibility for the Council`s response to Climate Change.

 

4.3     The Constitution (Article 7, paragraphs 7.02 and 7.06, page 33) says that the Executive will consist of the Leader elected by the Council, together with at least two, but not more than nine, Councillors appointed to the Executive by the Leader.  Also that the Leader determines the responsibilities of individual members of the Executive.

 

4.4     The Executive is currently made up of the Leader and nine Councillors appointed by the Leader (the maximum allowed). 

 

4.5     A new role focusing exclusively on climate change could only be created by the Leader and would involve the Leader reallocating responsibilities between other Executive Members.

 

 

5.0     CLIMATE CHANGE AND BIODIVERSITY WORKING PARTY

 

5.1     The second of the motions recommends the creation of a climate change and biodiversity working party to maximise all available resources and expertise to support officers in the development and creation of an ambitious carbon reduction plan.

 

5.2     There is no standard process in the Constitution for establishing working parties, although those have been created in the past have been politically balanced.  A working party would not have decision making powers and could meet without members of the public being present.  Terms of reference would be required and a decision regarding the resources, including officer time, that would be allocated to the working party.

 

5.3     The TE&E OSC will be consulted by officers as part of the drafting of the North Yorkshire Council Climate Change Strategy Consultation Draft before it is considered by the Executive in December 2022, prior to public consultation.

 

5.4     In addition there could be an opportunity for all Members to be consulted by email as part of the drafting of the North Yorkshire Council Climate Change Strategy Consultation Draft before the Executive considers it in December 2022, prior to public consultation. 

6.0       POLICY ISSUES

 

6.1     The second of the motions proposes the development of a number of detailed policies and actions.  Appendix 2 summarises these and provides a brief commentary on current policy or activity already agreed or Members advised, and future plans.

 

 

7.0     THE POLICY CONTEXT FOR BOTH MOTIONS

 

7.1     North Yorkshire County Council has declared a Climate Emergency and pledged to play a full part in tackling climate change.

 

7.2     Officers are preparing a North Yorkshire Council Climate Change Strategy Consultation Draft for the Executive to consider in late autumn 2022, prior to public consultation. The outline of this was presented to the Executive on 5 July 2022 and to the Members’ seminar on climate change on 6 July 2022.  A working draft (including structure, targets and principles) will be considered by the TE&E OSC prior to the final draft being considered by the Executive.

 

          The strategy will include operational carbon reduction and the Council’s wider sphere of influence to ensure that all of its services are contributing towards the ’carbon negative region’ goal in collaboration with partners and communities.  It is envisaged that the strategy would include:

·         Mitigation - continuing the carbon reduction approach

·         Adaptation - preparing for the known impacts of climate change and risk management

·         Sequestration - scaling up our ability to capture and store carbon (including Energy from Waste)

·         Biodiversity - securing / strengthening the link between climate change and natural capital resources

 

7.3       The York and North Yorkshire Routemap to Carbon Negative provides an ambitious pathway for local authorities, businesses, charities, academia and communities to come together to deliver carbon reduction at the necessary pace and scale to reach net zero by 2034, and net negative by 2040.  The Routemap has been adopted by the York and North Yorkshire Local Enterprise Partnership.  It is envisaged that the Executive will be asked to endorse the Routemap at the same meeting as it considers the North Yorkshire Council Climate Change Strategy Consultation Draft.

 

The Routemap includes the following visions and actions relating to biodiversity:

·         Vision: Maintain and strengthen biodiversity for positive environmental impacts overall

·         Actions: Develop a Local Nature Recovery Strategy and Natural Capital Investment Plan. Amongst other objectives, this will improve biodiversity, soil health and access to the outdoors to support nature recovery, carbon sequestration, economic resilience and human wellbeing.

 

7.4      The proposed York and North Yorkshire Devolution agreement includes investment to    enable York and North Yorkshire to drive green economic growth towards their ambitions to be a carbon negative region.

 

7.5     The National Planning Policy Framework states that Planning Authorities should adopt proactive strategies to mitigate and adapt to climate change in line with the Climate Change Act (2008).  Paragraph 153 of the NPPF states that: ‘Plans should take a proactive approach to mitigating and adapting to climate change, taking into account the long-term implications for flood risk, coastal change, water supply, biodiversity and landscapes, and the risk of overheating from rising temperatures.’

 

7.6     The Town and Country Planning Association recommend as good practice (2021): Use multi-functional approaches to policy delivery in development to maximise outputs for climate resilience and wider objectives.  For example, use biodiversity and environmental net gain targets as opportunities to adapt to climate change through multi-functional green infrastructure.

 

7.7     The Climate Change Committee, (the UK’s independent adviser on tackling climate change) recommends for Local Planning Authorities: “Biodiversity Net Gain should be a priority alongside emissions reduction in planning policy supported by a robust evidence base.  While Green Infrastructure Strategies should be linked with biodiversity and natural flood management.”

 

7.8     Currently, responsibility for local planning (outside the national parks) sits with the district councils.  Each of the district councils’ climate change strategies and action plans refer to the Local Planning Authorities’ ‘levers’ to influence climate change and to support biodiversity.  The current Local Plans and Climate Action Plans will remain in place until they are superseded by the North Yorkshire Council’s Local Plan.  Appendix 3 summarises the current policy context for climate change within district councils’ local plans.

 

The intention is to move to a new Local Plan that will cover the whole geography of North Yorkshire.  The timescale for delivery of the plan will be set out in a local development scheme (LDS).  The timescale for the LDS will be brought forward for approval in autumn 2022.  The new Local Plan will be the key document in ensuring that the environmental and climate impacts of growth are fully considered and will allow a consistent approach to bio-diversity and net gain across the county.  In addition, the Local Transport Plan will also being completely re-written to have clear linkages with the local plan.

 

7.9  The responsibility for minerals and waste planning (outside the national parks) currently sits with North Yorkshire County Council.  The County Council, the City of York Council and the North York Moors National Park Authority have produced a minerals and waste joint plan.

 

7.10 The Environment Act November 2021 introduced a new mandatory requirement for developments that result in loss or degradation of habitat to provide at least a 10% bio diversity net gain within two years of the Act’s enactment.  The new Unitary Authority will be required to implement this biodiversity net gain (BNG) policy through planning by November 2023. 

 

7.11 The Environment Act 2021 has stated that Local Nature Recovery Strategies (LNRS) are to be developed as part of a new England-wide system of spatial strategies.  North Yorkshire County Council has been proposed as the ‘Responsible Authority’ for the City of York and North Yorkshire LNRS and if confirmed by the Secretary of State as the Responsible Authority, will work closely with stakeholders to develop this strategy ideally by November 2023 as this strategy indicates key habitats that the bio diversity net gain process could help to enhance.  Further technical guidance documents and information on new burdens funding to help implement these new policies is likely to be issued by government in the autumn, meanwhile there are officer working groups to develop these two initiatives established.

 

 

 

 

8.0     FINANCIAL IMPLICATIONS             

 

8.1     Creation of an additional overview and scrutiny committee and or a working party will require minor additional resources.  Any proposed change to council policy will require an assessment of the financial implications as part of the detailed development and decision making.

 

 

9.0     LEGAL IMPLICATIONS                     

 

9.1     There are no specific legal implications in this report.  Any proposed change to council policy will require an assessment of the legal implications as part of the detailed development and decision making

 

 

10.0   CLIMATE CHANGE IMPLICATIONS            

 

10.1   There are no specific climate change implications in this report.  Any proposed change to council policy will require an assessment of the climate change implications as part of the detailed development and decision making

 

 

11.0   EQUALITIES IMPLICATIONS

 

11.1   There are no specific equality implications in this report.  Any proposed change to council policy will require an assessment of the equality implications as part of the detailed development and decision making.

 

 

 

12.0

 

RECOMMENDATION     

 

12.1

That the Executive considers the two motions on climate change that have been referred by County Council and makes recommendations to be considered at the meeting of the County Council on 16 November 2022, in particular regarding:

  • a new and dedicated overview and scrutiny committee
  • a new Executive Member role
  • a climate change and biodiversity working party
  • the development of detailed policies and actions

  

 

 

 

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services) and Monitoring Officer

 

County Hall

NORTHALLERTON

 

8 September 2022

 

Report authors:           Neil Irving, Assistant Director Policy, Partnerships and Communities

                                    Jos Holmes, Climate Change Policy Officer

 

 

Background Documents

 

The Council’s Constitution https://edemocracy.northyorks.gov.uk/documents/s12593/Issue42May2022Covid19Edition.pdf

 

 

Appendices

 

Appendix 1      Notices of Motions relating to the Council’s response to climate change that were referred from County Council at their meeting on 20 July 2022

 

Appendix 2      Summary of policies and action proposed in the second of the motions, with a brief commentary on current policy or activity already agreed or Members advised, and future plans

 

Appendix 3      Current policy context for climate change within District local plans

Appendix 1    Notices of Motions relating to the Council’s response to climate change that were referred from County Council at their meeting on 20 July 2022

 

1) Implementing Climate Change and Environmental Action Plans

 

The motion is as follows:

 

“This Council resolves to establish a politically proportionate Scrutiny Committee to monitor its progress on developing and implementing climate and environmental action plans across the whole of the Council’s business. The remit of this committee is to ensure that there is oversight of the overall achievement of the collective ambition for change. It will remain the remit of individual scrutiny areas to ensure this work is embedded in the action planning in each of the Council’s areas of work.”

 

Proposed by County Councillor Andy Brown

Seconded by County Councillor Stuart Parsons.

 

2) Nature and Climate Change

 

The motion is as follows:

 

The Liberal Democrat & Liberal Group congratulates the previous council in creating the foundations of a net zero carbon plan and welcomes the development of the enhanced net zero carbon neutral plan for the new authority. The Group also celebrates and supports the recent NYCC cabinet decision to declare a climate change emergency.

The group reminds the council that under the leadership of Alok Sharma MP, the UK still holds the COP Presidency until later this year with a mandate of working with governments and organisations to make sure they deliver on the Glasgow Climate Pact, turning momentum into action

The Group asks council to note and act on the subsequent Intergovernmental Panel on Climate Change (IPPC (2022) report which stated;

The Group ask the Council to also note and as a priority act on:

The Group also asks Council to recognise and be proactive in recognising:

We therefore propose that this council resolves:

In order to do so, this Council will

Furthermore, this council believes that tackling a climate change and ecological emergency requires action in all areas of the council operations and influence and the scale of such a bold policy must be recognised, therefore;

 

 

 

 

 

 

Appendix 2    Summary of policies and action proposed in the second of the motions, with a brief commentary on current policy or activity already agreed or Members advised, and future plans

 

Motion content

Current policy or activity already agreed or Members advised

 

Future plans

The Group ask the Council to also note and as a priority act on:

 

 

The recent joint statement on July 8th 2022 from the government office of science and the Government Chief Scientific Adviser, Sir Patrick Vallance recognise that ‘addressing the twin challenges of carbon emissions and biodiversity loss requires political will and leadership.’

 

The structure of North Yorkshire Council Climate Change Strategy Consultation Draft incorporates the role of biodiversity to both support mitigation, sequestration and adaptation.

 

The outline of the draft was presented to the Executive on 5 July 2022 and to the Members’ seminar on climate change on 6 July 2022.

 

The working draft (including structure, targets and principles)  will be reviewed by the Transport, Economy and Environment Overview and Scrutiny Committee in October 2022 before being presented to Executive.

 

The Group also asks Council to recognise and be proactive in recognising:

 

 

that we are facing an ecological emergency as well as a climate emergency and that actions to reduce emissions contributing to climate change must go hand in hand with action to protect and increase nature and biodiversity

 

Climate Emergency declared 5 July 2022.

 

NYCC has been identified as the provisional Responsible Authority to develop a Local Nature Recovery Strategy (LNRS) covering the whole of North Yorkshire and City of York – as required by the Environment Act 2021.  Detailed regulations and guidance on the content of LNRSs are still awaited from DEFRA but initial advice indicates that these strategies will have in important role in pulling together activity on biodiversity / nature recovery and climate change response.

the challenge to balance economic growth with measures to protect and enhance nature has never been more urgent

 

 

That opportunities are available through the planning system for improving nature by embedding the “environmental net gain” principle into development, including housing and infrastructure, in order to deliver environmental improvements

 

 

The intention is to move to a new local plan that will cover the whole geography of North Yorkshire. The timescale for delivery of the plan will be captured in a local development scheme (LDS). The LDS timescale will be brought forward for approval in the autumn 2022. The new Local Plan will be the key document in ensuring that the environmental and climate impacts of growth are fully considered and will allow a consistent approach to bio-diversity and net gain across the County.  In addition, the Local Transport plan will also be rewritten and have clear linkages with the local plan.

That the conservation and enhancement of the natural environment play a pivotal role in our economy and wellbeing, providing wide-ranging benefits such as clean water and air, food, timber, carbon capture, flood protection and recreation.

Measures introduced in the Environment Act 2021 include and enhanced Biodiversity Duty that will apply to all areas of local authority activity. 

Details of the new duty and how it will apply in practice are still awaited from DEFRA.

We therefore propose that this council resolves:

 

 

To ensure the development and delivery of a mandatory Net Zero Carbon neutral policy for North Yorkshire through the Beyond Carbon plan.*

The proposed Devolution Deal has an underpinning strategy of York and North Yorkshire becoming the first carbon negative region in England.

 

* Technically, this would be through the North Yorkshire Council Climate Change Strategy, not the Beyond Carbon plan (which is the current operational carbon reduction plan.)

The York and North Yorkshire Routemap to Carbon Negative has been approved by the Y&NY LEP and NYCC is to be asked to endorse it.

 

It is anticipated that the relevant targets in the Routemap will be included in the North Yorkshire Climate Change Strategy.

 

Enable the development and delivery of a mandatory Biodiversity net gain policy for North Yorkshire through the creation of new Biodiversity and Nature action plan

There is an agreement in principle by Directors of Development that there should be a unified and consistent approach to BNG delivery across North Yorkshire. 

 

In order to do so, this Council will:

 

 

Continue and advance the work to put its own house in order to be an exemplar to all

The Beyond Carbon Transformation Programme is working to achieve this aim, reporting regularly through the Quarterly Performance Report.

 

Use the councils direct influence through its policies and procurement

And

 

Make the most of our wider influence through partnerships and within the wider community

 

It is proposed that the  North Yorkshire Council Climate Change Strategy will include not only operational carbon reduction, but also the Council’s wider sphere of influence to ensure that all of its services are contributing towards the ’carbon negative region’ goal in collaboration with partners and communities.

 

Increase the areas of rich wildlife habitats, tree cover and accessible green space in order for nature and people to thrive, and the economy to prosper.

 

 

NYCC has been identified as the provisional Responsible Authority to develop a Local Nature Recovery Strategy (LNRS) covering the whole of North Yorkshire and City of York – as required by the Environment Act 2021.  Detailed regulations and guidance on the content of LNRSs are still awaited from DEFRA but initial advice indicates that these strategies will have in important role in pulling together activity on biodiversity / nature recovery and climate change response.

Ensure the delivery of carbon reductions, biodiversity net gain and environmental enhancements through our planning policy and development control functions.

 

 

Provide more detailed guidance for developers through the creation of a Climate Change and Biodiversity Gain Supplementary Planning Document

 

 

Create a Developing Nature Toolkit and direct developers to use the toolkit to assist them in demonstrating a net gain in biodiversity, to be used from the very outset of planning new developments, and ideally at the time of selecting sites to acquire for development

 

 

Identifying areas for tree planting for carbon sequestration, flood management, air quality improvement and other environmental services.

NYCC has endorsed the White Rose Forest (WRF) Action Plan 2021-25.  As a key member of the WRF, the council is committed to working with WRF partners to identify appropriate woodland creation opportunities across North Yorkshire that will help deliver the outcomes described here.  This will involve land in public ownership and working in partnership with private / third sector landowners.

 

 

 

 

Appendix 3    Current policy context for climate change within District Llocal Pplans

 

 

1          The LGR Planning Workstream provided the following statement:

 

The intention is to move to a new Local Plan that will cover the whole geography of North Yorkshire. The timescale for delivery of the plan will be captured in a local development scheme (LDS). The LDS timescale will be brought forward for approval in the autumn. The new Local Plan will be the key document in ensuring that the environmental and climate impacts of growth are fully considered and will allow a consistent approach to bio-diversity and net gain across the County. In addition, the Local Transport plan is also being completely re-written, will have clear linkages with the Local Plan.

 

2          The York and North Yorkshire Routemap to Carbon Negative identifies the role of Local Planning Authorities:

 

York and North Yorkshire’s Routemap to Carbon Negative sets out a co-owned plan for the sub-region to become net zero by 2034, and carbon negative by 2040. The Routemap recognises planning policy as a key lever to both reduce carbon emissions and support climate change adaptation. Key actions in the Routemap relating to planning policy are centred around: (1) Developing Local Plans; and (2) Local Planning Policy Review, as set out in more detail below:

 

Intervention

Lead and Partners

Develop Local Plans that support and enable the delivery of net zero (climate change mitigation), as well as supporting climate change adaptation.

 

[Local Area Energy Plans should inform the development of Local Plans]

Local Authorities

Local Planning Policy Review: Undertake a review of local planning policy to identify options to change local planning policy to support the delivery of the strategic objectives set out in this Routemap. This will include reviewing planning policy and assessing opportunities to:

·         maximise potential to specify high standards for new builds and ensure new developments are future-proofed(without impacting viability arguments);

·         allow low carbon alternatives to become permitted developments; and

·         explore changing conservation area planning restrictions to enable retrofits on heritage buildings.

·         development of effective strategy and planning for “15 minute neighbourhoods” from a transport perspective.

·         supporting the development of a circular economy (eg to enable reverse logistics and establishing critical infrastructure).

Local Authorities, National Park Authorities

 

 

3          Examples of Local Planning Authority and Climate Change Plans in North Yorkshire Districts:

 

Scarborough Borough Council

 

4.1 Minimise and decarbonise the energy use in properties within the Borough.

On a larger scale, the Council can act to encourage private investment into renewable generation in the area, considering proposals for solar farms in the upcoming Local Plan.

 

4.1.10

Encourage private investment into renewable energy generation in the Borough through engagement in the Local Plan development process.

Planning; Economic Development and Regeneration

2022/23 and ongoing

4.1.11

Disseminate the lessons of constructing low carbon homes through SoHoCo to promote the construction of sustainable properties.

Economic Development and Regeneration; Planning

2021/22 and ongoing

 

4.2 Encourage active and public transport to be the primary modes of movement in the Borough and promote the use of EVs where car use is necessary.

 

The Council’s Local Plan presents an opportunity to enable increased uptake of EVs by maintaining the requirements that new homes must include the facility to charge an EV if they include a garage or driveway. Engagement in developing the Local Plan and economic and development outreach can also be used to encourage private investment in large‐scale EV charging sites, or freight consolidation centres that allow smaller EVs to complete freight journeys.

 

4.2.6

Maintain the requirement of new residential properties to provide the facility to charge an EV where there is a garage or car parking space in the updated Local Plan and explore extending this to other types of property with communal parking areas.

Planning

Ongoing

4.2.7

Encourage private investment in and facilitate large‐scale EV charging stations, including engagement in the Local Plan development process.

Economic Development and Regeneration; Planning

2022/23 and ongoing

4.2.8

Investigate the need and feasibility for freight consolidation centres and last‐mile transport options.

Economic Development and Regeneration; Planning

2023/24

 

4.3 Grow a greener Borough with more land used for carbon sequestration.

 

With strong knowledge of our natural capital and its potential we can better engage with landowners seeking to manage their land to reduce carbon emissions, including seeking land for woodland development or habitat creation in the Local Plan process. Our developers seeking to provide biodiversity net gain can be encouraged to embed carbon sequestration into these measures, as well.

4.3.1

Develop a strong understanding of the current and potential natural capital of the Borough to guide woodland creation policies and action, including an understanding of the potential impacts of climate change on our natural capital.

Parks; Planning; Economic Development and Regeneration

2022/23

4.3.2

Utilise natural capital information to engage landowners in high‐value and high potential areas to maintain and increase woodland cover.

Parks; Planning; Economic Development and Regeneration

2022/23

4.3.4

Encourage developers to consider aspects of carbon sequestration in biodiversity net gain proposals.

Planning

2021/22 and ongoing

 

Richmondshire

 

P/PROC01 - Planning applications to consider climate impact.   

1. Process to be developed to allow the climate change officer to comment on appropriate planning applications.

2. Look into mandating a climate change monitoring report to allow for assessment of projects

 

In the local plan there are the usual references to meeting building standards and RDC currently asks for the maximum percentage above these asks permitted by legislation.

 

Richmondshire Local Plan includes policies for Climate Change - https://www.richmondshire.gov.uk/media/9616/core-strategy-2012-28.pdf

Core Policy CP2: Responding to Climate Change

Core Policy CP3: Achieving Sustainable Development