Agenda and minutes

To move that the Minutes of the Quarterly Meeting held on 19 July 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 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.

Apologies for absence were received from Councillors Michelle Donohue-Moncrieff and Phil Trumper.

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

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 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.

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.

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, 10 November 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:

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  ...  view the full minutes text for item 40.

·         Proposed amendment to the Pay Policy

·         Council Tax Reduction Scheme 2024/25

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.

Consideration of proposed amendments to the Council’s Constitution.  Subject to any comments Members may have, to approve the proposed amendments to the 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).

To consider and adopt an Economic Development Strategy for North Yorkshire.

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.

To consider the recommendations of the Independent Remuneration Panel 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

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.

·         Annual Report

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.

·         Annual Report

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.

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

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.

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.

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

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).

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.

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).

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).

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).

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).

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).

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).

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).

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. 

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. 

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.

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.

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.

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.

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. 

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

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.

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  ...  view the full agenda text for item 51.

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  ...  view the full minutes text for item 52.

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 overall site specific level of future development

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 Yorkshire Water, from this date onwards, in its planning consultation responses for major developments, to clarify which treatment works will be managing the sewage; confirm that these treatment works have the additional capacity to take waste from agreed developments and whether it has the information available to assess the impact on the number or duration of sewage discharges into local rivers or seas, and if it does have this information to share it (noting that this can only be requested not required).

6.     Request that planning assessments, from now onwards, include in all reports on major developments appropriate coverage of the impact on watercourses, including the potential for the development to affect sewage outflow into watercourses, so that this information is clearly and transparently set out. related to this is reducing the impact of surface water and encouraging the installation of Sustainable Urban Drainage systems (SUDs) on new developments.  whether this could be a standard for North Yorkshire

6.     Ask the Leader and appropriate Executive Members to collaborate with  ...  view the full minutes text for item 53.

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.

There were no Council Procedure Rule 10 questions.

The meeting ended at 4.15 pm.