Agenda and minutes

To move that the Minutes of the Annual General Meeting of the Council held on 17 May 2023, having been printed and circulated, be taken as read and be confirmed and signed by the Chairman as a correct record.

It was moved and seconded that the Minutes of the Annual Meeting of the Council held on 17 May 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 unanimously.

 

Apologies for absence were received from Councillors Joy Andrews, Philip Barrett, Melanie Davis, Andrew Murday, Subash Sharma and Dave Whitfield.

 

Declarations of Interest were made as follows: 

 

Councillor Karl Arthur regarding Minute 30(i)

 

Councillor Alyson Baker regarding Minute 32(4) and 32(6).

 

Councillor Michael Harrison regarding any item involving Health and Adult Services.  Councillor Harrison advised that he was relying on a dispensation granted him by the Standards and Governance Committee to enable him to take part in any discussion.

 

Any correspondence, communication or other business brought forward by the direction of the Chairman of the Council.

The Chair welcomed the Honorary Aldermen and members of the public and press who were present.

 

The Chair informed Members of the usual arrangements for the meeting.

 

The Chair informed Members that there were six Notices of Motion on the agenda and a request had been received that one be debated at the meeting, which was the motion regarding a ban on trail hunting on Council owned land.  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)   Ban on trail hunting on NYC land – motion to be referred to the Corporate and Partnerships Overview and Scrutiny Committee

(2)   A 20mph speed limit in the south and west of Harrogate – motion withdrawn

(3)   Council support for a national ban on the sale of disposable vapes – motion withdrawn

(4)   Northern Powergrid and calls for increased network capacity – motion to be debated at the meeting

(5)   Bathing water application for the River Nidd – motion to be debated at the meeting

(6)   Water quality and the role that the Council has to play – motion to be referred to the Transport, Economy, Environment and Enterprise Overview and Scrutiny 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 Riding County Councillor Bill Chaytor was noted. Bill was also the first North Yorkshire County Councillor for the North Richmondshire division.  Members also noted the recent death of former Hambleton District Councillor John Smith, who served for 17 years as a councillor from 1998 to 2015 and was Chairman of Hambleton District Council in 2009/10.

 

A minute’s silence was held in memory of former County Councillor Bill Chaytor and former Councillor John Smith.

 

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 137 to 138.

 

Members of the public may ask questions or make statements at this meeting if they have given notice and provided the text to Barry Khan, Assistant Chief Executive Legal and Democratic Services – email: barry.khan@northyorks.gov.uk or in writing to Barry Khan, Assistant Chief Executive Legal and Democratic Services, County Hall, Northallerton DL7 8AD by midday on Friday, 14 July 2023.  Each speaker should limit themselves to 3 minutes on any item.

 

If you are exercising your right to speak at this meeting, but do not wish to be recorded, please inform the Chairman who will instruct anyone who may be taking a recording to cease while you speak.

 

There were five public questions, as follows:

 

The following public question was submitted by Dr Paul M Hildreth and read out at the meeting:

 

Councillor Dadd recently said that he wasn't aware of any formalised trail hunting taking place on North Yorkshire council owned land. There are 13 Hunts located across North Yorkshire. Does he therefore believe that these hunts avoid crossing roads, bridleways, disused railway lines?

 

The following public question was submitted by Hugh Meynell and read out at the meeting:

 

With the cubbing season less than a month away, organised rural crime gangs are poised ready to hunt and kill foxes with hounds… intentionally and illegally.  Hunts across North Yorkshire routinely use the myth of ‘Trail Hunting’ as a smoke screen for these wildlife crimes.

 

Speaking from experience as an activist on the front line regularly witnessing illegal fox hunting and crimes against wildlife across North Yorkshire, I would ask you all to please consider the following observations and questions regarding the smoke screen that is trail hunting:

 

1)             If legally trial hunting with hounds, following a pre laid scent trail, why are terrier men on quad bikes, equipped with spades and terriers present and active at every hunt meet throughout the season?

 

2)             If legally trail hunting why are hounds regularly cast into thick, impenetrable coverts such as Miscanthus grass, black thorn or gorse, where it is impossible to lay a trail for hounds to follow.

 

3)             If legally trail hunting why would supposedly well laid trails so often cross busy public highways, railway lines and/or private property and gardens putting the hounds, livestock, pets and the general public at risk of serious injury or worse.

 

4)             Why do the hunts respective huntsmen actively encourage and ‘hunt on’ their hounds with horn and voice calls. Especially when clearly not following a scent trail, instead pursuing the line of a fox, hounds in full cry obviously and blatantly illegally hunting? Studies have shown the horror and distress that a fox suffers when accidentally or indeed purposely pursued by hounds.

 

5)             Why, if following a perfectly legal, pre laid trail do Huntsmen, hunt staff, terrier men and hunt supporters act with such extreme animosity towards peaceful, non-violent monitors, saboteurs and indeed concerned members of the public. Why, if trail hunting within the law use horses as weapons, Illegally block roads with vehicles and/or horses. Why threaten, abuse and sadly more frequently do the hunts and their supporters resort to abuse and physical violence? If acting within the law what are they trying to hide?

 

Trail hunting with hounds is a scam, a smoke screen. Cover to continue to commit wildlife crimes and to intentionally and illegally hunt foxes contrary to Section 1 of the Hunting Act 2004.

Thank you

 

The following public question was read out by Richard Bedford of Unite the Union:

 

My name Richard Bedford, Regional Coordinating Officer Unite the Union I have responsibility for representing Unite members at Urbaser on the Selby waste management contract.

 

Our  ...  view the full minutes text for item 23.

·         Proposed amendments to the Council’s Constitution

·         Local Plan Making for North Yorkshire

Amendments to the Council’s Constitution

 

The recommendation at page 33 of the agenda pack (page 141 of the Minute Book) was moved and seconded.

 

A vote was taken and the motion was declared carried with 82 votes for, 1 vote against and there were no abstentions.

 

Resolved –

 

That Council approves

 

1. The suggested miscellaneous amendments as set out in the amendments chart in Appendix 1 of the report;

 

2. The suggested amendments to the membership of the Health and Wellbeing Board and its Terms of Reference as set out in Appendix 2 of the report;

 

3. The suggested amendments to Council Procedure Rule 5.2 as set out in paragraph 5.3 of the report;

 

4. The suggested amendments to Council Procedure Rule 9 as set out in paragraph 6.1 of the report;

 

5. The suggested amendments to Council Procedure Rule 15.1 as set out in paragraph 7.2 of the report; and

 

6. The suggested amendments to Council Procedure Rule 17 as set out in paragraph 8.1 of the report.

 

 

Local Plan Making for North Yorkshire – recommended change to the Council’s decision in respect of continuing Development Plan Documents

 

The recommendation at page 34 of the agenda pack (page 142 of the Minute Book) was moved and seconded.

 

A vote was taken and the motion was declared carried with 78 votes for, no votes against and there were 5 abstentions.

 

Resolved -

 

That work on the Ryedale Local Plan review be halted and that work undertaken to date be considered, as appropriate, in the preparation of the new Local Plan for North Yorkshire.

 

The recommendations at page 39 of the agenda pack (page 147 of the Minute Book) were moved and seconded.

 

A vote was taken and the motion was declared carried unanimously.

 

Resolved –

 

The following appointments be made to committees:

Audit Committee

·       Conservatives and Independents Group - Councillor Peter Wilkinson to replace Councillor Nigel Knapton

·       Liberal Democrats and Liberals Group – Councillor Felicity Cunliffe-Lister to replace Councillor Matt Walker

General Licensing and Registration Committee 

• Conservatives and Independents Group - Councillor Robert Heseltine to replace Councillor Mike Jordan
• Liberal Democrats and Liberals Group - Councillor Joy Andrews to replace Councillor Mike Schofield and Councillor Philip Broadbank to replace Councillor Steve Mason
• Independent Unaffiliated – Councillor Mike Schofield to replace Councillor Heseltine

Statutory Licensing Committee

• Councillor Mike Schofield to replace Councillor Mike Jordan

Pension Fund Committee

• Conservatives and Independents Group - Councillor Andrew Williams to retain the seat previously held as NY Independent and Councillor Sam Gibbs to come off
• North Yorkshire Independent Group – Councillor John Cattanach to replace Andrew Williams

Pension Board

• Conservatives and Independents Group - Councillor Steve Watson to replace Councillor Mike Jordan

Standards and Governance Committee

• Conservatives and Independents Group - Councillors Nigel Knapton, David Ireton and Peter Wilkinson
• North Yorkshire Independent Group - Councillor Andy Solloway

Strategic Planning

·       Liberal Democrats and Liberals Group - Councillor Hannah Gostlow to replace Councillor Peter Lacey

Care and Independence and Housing Overview and Scrutiny Committee

·       Conservatives and Independents Group - Councillor Robert Heseltine to retain the seat previously held as an Unaffiliated Independent to replace former Councillor Bridget Fortune

·       Liberal Democrats and Liberals Group - Councillor Peter Lacey to replace Councillor Joy Andrews

·       Independent Unaffiliated – Councillor Tony Randerson to replace Councillor Robert Heseltine

Children and Families Overview and Scrutiny Committee

• Conservatives and Independents Group - Councillor George Jabbour to replace former Councillor Bridget Fortune and Councillor Yvonne Peacock to replace Councillor Peter Wilkinson

·       Liberal Democrats and Liberals Group - Councillor Monika Slater to replace Councillor Mike Schofield

Corporate and Partnerships Overview and Scrutiny Committee

• Conservatives and Independents Group - Councillor Andrew Williams to replace Councillor Yvonne Peacock and to become Chair of the committee in place of Councillor Ireton.  Councillor Robert Heseltine to retain the seat previously held as an Unaffiliated Independent and Councillor Tom ones to come off
• Labour Group – Councillor Steve Shaw-Wright to replace Councillor Tony Randerson

·       Independent Unaffiliated – Councillor Tony Randerson to replace Councillor Robert Heseltine

Transition (LGR) Overview and Scrutiny Committee

·       Councillor B Packham replaces Councillor M Davis (this is a change of committee member within the same political group)

Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee

·       Conservatives and Independents Group - Councillor Caroline Goodrick to replace Councillor Mike Jordan

·       Independent unaffiliated – Councillor Mike Jordan to replace Councillor Caroline Goodrick

Richmond (Yorks) Area Constituency Planning Committee

·       Conservatives and Independents Group - Councillor Tom Jones to replace former Councillor Bridget Fortune

Scarborough and Whitby Area Constituency Planning Committee

·       North Yorkshire Independent Group – Councillor Janet Jefferson

Selby and Ainsty Area Constituency Planning  ...  view the full minutes text for item 25.

The recommendations at page 49 of the agenda pack (page 157 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 no abstentions.

 

Resolved -

 

That Council:

1. Formally re-appoints:

·       Hilary Gilbertson MBE

·       Louise Holroyd

as Independent Persons for Standards for the North Yorkshire Council for a four year period (with the ability of the Monitoring Officer to extend in consultation with the Chair of the Standards and Governance Committee).

 

2. Appoints:

·       Richinda Taylor

·       James Nelson

·       Roy Martin

·       Gillian Baker

as additional Independent Persons for Standards for the North Yorkshire Council for a four year period (with the ability of the Monitoring Officer to extend in consultation with the Chair of the Standards and Governance Committee).

 

The recommendations at page 52 of the agenda pack (page 160 of the Minute Book) were moved and seconded.

 

A vote was taken and the motion was declared carried unanimously.

 

Resolved –

 

That Council approves the application for an exemption from the 6 month attendance rule for Councillor Dave Whitfield.

 

Report of the Standards and Governance Committee - Final Recommendations on the Community Governance Reviews relating to the unparished town centres in Harrogate and Scarborough

The recommendations at page 58 of the agenda pack (page 166 of the Minute Book) were moved and seconded.

 

The motion was then debated.

 

It was moved and seconded that Council now move to the vote and on a vote being taken 47 Members voted for the motion, 22 voted against and there was 1 abstention.

 

A named vote was requested and over 20 Members stood to request the named vote.  The motion was declared carried with 49 votes for, 32 votes against and there were 2 abstentions.

 

For: Councillors Karl Arthur, Alyson Baker, Derek Bastiman, John Cattanach, David Chance, Mark Crane, Sam Cross, Gareth Dadd, Caroline Dickinson, Keane Duncan, Richard Foster, Sam Gibbs, Caroline Goodrick, Tim Grogan, Michael Harrison, Paul Haslam, Robert Heseltine, Nathan Hull, David Ireton, George Jabbour, David Jeffels, Tom Jones, Mike Jordan, Nigel Knapton, Andrew Lee, Carl Les, Cliff Lunn, John Mann, Heather Moorhouse, Simon Myers, Andy Paraskos, Yvonne Peacock, Clive Pearson, Heather Phillips, Janet Sanderson, Karin Sedgwick, David Staveley, Roberta Swiers, Malcolm Taylor, Angus Thompson, Philip Trumper, Steve Watson, David Webster, John Weighell OBE, Greg White, Annabel Wilkinson, Peter Wilkinson, Andrew Williams and Robert Windass.

 

Against:  Councillors Chris Aldred, Philip Broadbank, Eric Broadbent, Barbara Brodigan, Andy Brown, Lindsay Burr MBE, Liz Colling, Felicity Cunliffe-Lister, Michelle Donohue-Moncrieff, Stephanie Duckett, Kevin Foster, Hannah Gostlow, Bryn Griffiths, Janet Jefferson, Peter Lacey, Pat Marsh, Steve Mason, Rich Maw, John McCartney, David Noland, Bob Packham, Stuart Parsons, Kirsty Poskitt, Jack Proud, Tony Randerson, John Ritchie, Mike Schofield, Steve Shaw-Wright, Monika Slater, Neil Swannick, Matt Walker and Arnold Warneken.

 

Resolved –

 

That Council:

 

1. note the consultation results and equality impact assessment

 

2. defer making resolutions to conclude the Community Governance Review in order for the following additional work to be undertaken:

 

            (a)        for the Assistant Chief Executive Legal and Democratic Services to draft up proposed warding arrangements for Scarborough Town Council to be 15 single member wards

 

            (b)        to propose the preferred warding arrangements for Harrogate Town Council to be 19 single member wards on the former Borough warding arrangements

 

            (c)        for the Assistant Chief Executive Legal and Democratic Services to carry out the necessary consultation on the revised warding arrangements and for the results of that consultation to be considered at a future Standards and Governance Committee and Council meeting.

 

Resolved – 

 

The Overview and Scrutiny Annual Report 2022/23, at pages 63 to 81 of the agenda pack, be noted.

 

Statements of Executive Members, in the order set out below, followed by the Statements of the Chairmen of the Overview and Scrutiny Committees.

 

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 83 - 84 of the agenda pack and which appears in the Minute Book (pages 191 to 192).

 

Councillor Simon Myers, Executive Member for Culture, Arts and Housing, made a statement.  A summary of the key points of which had previously been circulated and which appeared at pages 85 - 88 of the agenda pack and which appears in the Minute Book (pages 193 to 196).

 

Councillor Janet Sanderson, Executive Member for Children and Families, made a statement, a summary of the key points of which had previously been circulated and which appeared at pages 89 – 91 of the agenda pack and which appears in the Minute Book (pages 197 to 199).

 

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 93 - 96 of the agenda pack and which appears in the Minute Book (pages 201 to 204).

 

Councillor Annabel Wilkinson, Executive Member for Education, Learning and Skills, answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 97 – 99 of the agenda pack and which appears in the Minute Book (pages 205 to 207).

 

 

At 1:00 pm the Chairman adjourned the meeting for lunch.

 

The meeting was re-convened at 1:45 pm.

 

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 101 - 102 of the agenda pack and which appears in the Minute Book (pages 209 to 210).

 

Councillor Derek Bastiman, Executive Member for Open to Business, answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 103 - 108 of the agenda pack and which appears in the Minute Book (pages 211 to 216).

 

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 109 – 115 of the agenda pack and in the Minute Book (pages 217 to 223).

 

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 117 – 118 of the agenda pack and which appears in the Minute Book (pages 225 to 226).

 

The written statement of Councillor Karin Sedgwick having previously been circulated and which appeared at pages 119 – 120 of the agenda pack and which appears in the Minute Book (pages 227 to 228), was noted. 

 

The written statement of Councillor Barbara Brodigan having previously been circulated and which appeared at pages 121 - 122 of the agenda pack and which appears in the Minute Book (pages 229 to 230), was noted. 

 

The written statement of Councillor Malcolm Taylor having previously been circulated and which appeared at pages 123 - 125 of the agenda pack and which appears in the Minute Book (pages 231 to 233), was noted. 

 

The written statement of Councillor Karin Sedgwick having previously been circulated and which appeared at pages 127 - 128 of the agenda pack and which appears in the Minute Book (pages 235 to 236), was noted.  The Chair of the Care and Independence and Housing Overview and Scrutiny Committee then answered questions.

 

The written statement of Councillor David Ireton having previously been circulated and which appeared at pages 129 of the agenda pack and which appears in the Minute Book (page 237), was noted.

 

The written statement of Councillor Andrew Lee having previously been circulated and which appeared at pages 131 - 132 of the agenda pack and which appears in the Minute Book (pages 239 to 240), was noted.  The Chair of the Scrutiny of Health Committee then answered questions.

 

The written statement of Councillor David Staveley having previously been circulated and which appeared at pages 133 – 135 of the agenda pack and which appears in the Minute Book (pages 241 to 243), was noted.  The Chair of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee then answered questions.

 

1)         Motion calling for a ban on trail hunting on council owned land

 

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 – Cllr Rich Maw

Seconder – Cllr Arnold Warneken.

 

2)         Motion calling for a 20mph speed limit to be introduced across south and west Harrogate

 

North Yorkshire Council resolves to: implement a maximum speed of 20mph and other associated infrastructure across south and west Harrogate to protect children and other vulnerable members of the community in Oatlands, parts of Pannal, the Stray, Hookstone, St George’s and the Pannal Ash area.

 

a)         This will be a standalone work package, separate from NYC 20mph policy (January 2022) and 20mph policy review (26 June 2023) and to  ...  view the full agenda text for item 31.

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 17 May 2023.  The original motion that was to be debated is as detailed below:

 

“North Yorkshire Council has serious concerns about the performance of the current Police, Fire, and Crime Commissioner, as evidenced by the two recent reports published by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services.

 

The council therefore calls for the Commissioner to resign with immediate effect.”

 

Proposer – Councillor Bryn Griffiths                              Seconder – Councillor Mike Schofield

 

 

The motion was moved by Councillor Bryn Griffiths and Seconded by Councillor Mike Schofield.

 

The motion was then debated. 

 

On a vote being taken 7 Members voted for the motion, 64 voted against and there were 5 abstentions. The motion therefore fell.

 

The report on the Use of Special Urgency Procedures since the last meeting of the Council on 17 May 2023 was considered and the recommendation at page 141 - 144 of the agenda pack (page 252 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 County Council in May 2023, be noted.

 

There were no Council Procedure Rule 10 questions.

 

The meeting ended at 3.30 pm.