Agenda and draft minutes

It was moved and seconded that Councillor Roberta Swiers be elected Chairman of the Council to serve until the Annual Meeting of the Council in 2025. 

The vote was taken and the motion was declared carried with 85 votes for, none against and one abstention. 

Resolved - 

That Councillor Roberta Swiers is elected Chairman of the Council, to serve until the Annual Meeting of the Council in 2025. 

Councillor Roberta Swiers then made her declaration of acceptance of office of Chairman of the Council and thanked the Council for her appointment. 

To move that the Minutes of the Quarterly Meeting held on 21 February 2024, 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 21 February 2024 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 Derek Bastiman, Barbara Brodigan, John Cattanach and John McCartney. 

It was moved and seconded that Councillor George Jabbour be elected Vice-Chairman of the Council, to serve until the Annual Meeting of the North Yorkshire Council in 2025. 

It was also moved and seconded that Councillor Phillip Broadbank be elected Vice-Chairman of the Council, to serve until the Annual Meeting of the North Yorkshire Council in 2025. 

On a vote being taken on each of the nominations there were 50 votes for Councillor George Jabbour and 25 votes for Councillor Phillip Broadbank.  

Resolved - 

That Councillor George Jabbour is elected Vice-Chairman of the Council, to serve until the Annual Meeting of the Council in 2025. 

Councillor George Jabbour then made his declaration of acceptance of office of Vice-Chairman of the Council and thanked the Council for his appointment. 

Declarations of Interest were made as follows:   

Councillor Karl Arthur at Minute 88(f) as he worked for Network Rail 

Councillor Gareth Dadd at Minute 89(2) 

Councillor Stephanie Duckett at Minute 86 

Councillor Michael Harrison declared an interest at Minute 82 in respect of his employer and for which he had been granted an exemption.  He also declared an interest in Minute16(2). 

Councillor Mike Jordan at Minute 77 

Councillor Yvonne Peacock at Minute 89(1) as she was a private hire driver 

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

The Chairman welcomed the Honorary Aldermen and members of the public and press who were present.  The Chairman also welcomed Councillor Andrew Timothy to his first meeting of the Council following his election to the Stray, Woodlands and Hookstone division on 11 April 2024. 

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

The Chairman informed Members that there were five Notices of Motion on the agenda. The Chairman 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)   A call to place a moratorium on any school closures until the new North Yorkshire local plan is developed – motion to be debated at the meeting 

(2)   A request for the Leader to write a letter to the Secretary of State regarding hospice funding and support – motion to be debated at the meeting 

(3)   A call to join over sixty other local councils in the UK by treating care experience as if it is a protected characteristic - motion to be referred to the Scrutiny Board to determine the most appropriate overview and scrutiny committee 

(4)   A call to promote un-used public land for the cultivation for food or biodiversity and expand allotment provision –motion to be referred to the Scrutiny Board to determine the most appropriate overview and scrutiny committee 

(5)   A call to halt the proposed cuts to free school bus services in the county (Home to School Transport policy) - motion to be referred to the Executive  

The Chairman 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 Councillor Caroline Patmore in February was noted. Caroline was elected to the County Council for the first time in 1997 and represented the Stillington ward through to 2022.  She was a member of the Executive and Caroline was made an Honorary Alderman in November 2022. 

A minute’s silence was held in memory of former County Councillor Caroline Patmore. 

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 43 and 45 of the agenda pack and in the Minute Book at pages 1209 to 1211. 

The Leader announced the following changes to membership of the Executive: 

a)    Cllr Mark Crane to replace Cllr Derek Bastiman as Executive Member for Open to Business 

b)    Cllr Heather Phillips to replace Cllr David Chance as Executive Member for Corporate Services 

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 May 2024.  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 was one public question, as follows: 

1.  The following public question was read out by Mr Towse: 

The parish charter lays out how North Yorkshire Council and the parish sector will work together in partnership to: 

• promote and protect social, economic and environmental well-being for the benefit of our local communities, to ensure vibrancy and future sustainability 
• strive to eliminate all forms of discrimination and promote equality of opportunity 
• promote an active democracy to ensure all members of every North Yorkshire community are able to have a say in our future and to help develop a shared vision, identity and sense of belonging 
• welcome all feedback and aim to act quickly and efficiently to address issues within their power 
• respect and promote the role of both elected and co-opted councillors as representatives of their communities through positive communication, leadership and engagement, all undertaken to high ethical standards 
• give importance and recognition to issues and ideas raised at each level of local government 
• ensure efficient, effective and value for money management, supported by adequate training. 

The people of Newby and Scalby we see no evidence of this, in fact what was there has been dismantled and is now a matter of public interest.  This is particularly disturbing as a member of your executive was until a week ago the vice Chairman of the Town council. 

Can you assure the people of Newby and Scalby that North Yorkshire Council stand by the words of the Parish Charter. 

Councillor David Chance, Executive Member Corporate Services, provided the following response: 

We agree that the parish charter lays out how North Yorkshire Council and parishes will work together in partnership.  

That partnership recognises that Parish Councils and North Yorkshire Council are separate, stand alone, autonomous legal entities which are elected to independently and are each responsible for their own governance, policy and decision making. 

I can confirm that North Yorkshire Council does support the Parish Charter. 

Mr Towse then asked a supplementary question in relation to the operation of the Newby and Scalby Wellbeing Hub, and Councillor Chance responded that parish councils were their own separate legal entities and were responsible for the decisions they made.  The Council could not interfere in those decisions. 

The Executive had recommended two matters to Council for a decision.  These were: 

• Amendments to the Council’s Constitution 

• The Approval and Adoption of the North Yorkshire Council Housing Strategy 2024 to 2029 

Both decisions were considered separately at the meeting at Minutes 10 and 13 respectively. 

The recommendations at page 62 and 63 of the agenda pack (pages 1228 to 1229 of the Minute Book) were moved and seconded. 

1)   The following amendment had been proposed by Councillor Dan Sladden and was accepted by the mover of the original motion without debate  

         I propose an AMENDMENT to Item 6.2.c).i as follows: 

                i.         Motions on notice should be moved higher up the order of business, to after any questions or statements from members of the public 

That is, items (vii) (“motions on notice”) and (viii) (“questions or statements    from members of the public”) on p. 138 should be switched in the recommended Order of Business for Ordinary Meetings. 

The motivation behind this proposed amendment is to give better certainty to members of the public who wish to ask questions of or make statements to council as to the time at which they would be required to address council. This would significantly reduce disruption to their valuable workdays potentially caused by having to wait whilst council debates motions on notice for an indeterminate amount of time and enable them to leave the chamber substantially earlier should they so wish. In turn this would better encourage the public to engage directly with the council, improving transparency and accountability. 

Proposer – Cllr Dan Sladden 

Seconder – Cllr Bryn Griffiths 

2)  The following amendment was then moved by Councillor Chris Aldred and seconded by Councillor Peter Lacey 

a) The number of Public Meetings (Page 54). 

6.2 a) vi “no public questions or statements to be allowed at the Council meeting dedicated to the Budget and Council Plan” – This Recommendation be deleted. 

b) Public Questions (Page 54). 

6.2 b) i – If 6.2 a) vi (above) is deleted there is no need for 6.2.b) i and all subsequent numbering in 6.2 will need to be amended accordingly.  

6.2 b) iv. that there should be only one question or statement per individual, organisation or group in a given 6-month, period (from the point at which the initial question was asked) for the Executive and Council meetings- This Recommendation be deleted. 

6.2 b) v. that there should be no supplementary questions allowed at meetings of full Council – This Recommendation be deleted. 

6.2 b) vii. the Chair of Council can refuse to accept questions/statements submitted to full Council or refer them to other committees; Amend to read – “the Chair of Council can refer any question/statement submitted to full Council to other committees, should this be deemed more appropriate”.  

c) Motions 

6.2 c) iii.  that the provision in Council Procedure Rule 14 (Previous Decisions and Motions) regarding the proposer of a motion and 15 other members being able to call back something for redebate be amended to provide for a 6 month embargo on bringing matters back for review/re-debate unless there has been a substantial material change in circumstances – This Recommendation be deleted & Council Procedure Rule 14 remain as it is in the Constitution.  

Proposer – Cllr Chris Aldred 

Seconder  ...  view the full minutes text for item 83.

The recommendations at page 185 of the agenda pack (page 1351 of the Minute Book)were moved and seconded. 

On a vote being taken the motion was declared carried unanimously  

Resolved - 

(a)   Care and Independence Overview and Scrutiny Committee 

One of the North Yorkshire Independent Group vacant seats allocated to the Liberal Democrat and Liberal Group – Councillor Joy Andrews appointed 

(b)   Children and Families Overview and Scrutiny Committee 

The vacant Green Group seat allocated to the Liberal Democrat and Liberal Group - Councillor Steve Mason appointed 

(c)   Harrogate and Knaresborough Area Constituency Planning Committee 

Independent Unaffiliated lose a seat to Liberal Democrat and Liberal Group on the Harrogate and Knaresborough Area Constituency Planning Committee – Councillor Paul Haslam to come off and Councillor Peter Lacey to be appointed. 

(d)   North York Moors National Park Authority 

Councillor Donohue- Moncrieff to retain the seat on the North York Moors National Park Authority.  This is a North Yorkshire Independent seat but has been allocated to the unaffiliated independents. 

(e)   Police Fire and Crime Panel 

Councillor Rich Maw to come off the Police Fire and Crime Panel and be replaced by Councillor Steve Shaw-Wright 

(f)    Scarborough and Whitby Area Constituency Planning Committee 

Councillor Maw retains a seat on the Scarborough and Whitby Area Constituency Planning Committee, as an unaffiliated independent. 

(g)   A Labour group seat on Ordinary Committees to be allocated to the Liberal Democrats and Liberals 

(h)   A Labour group seat on Scrutiny Committees to be allocated to the Unaffiliated Independents 

The recommendations at page 192 of the agenda pack (page 1043 of the Minute Book) were moved and seconded. 

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

Resolved – 

(a)   Appeals Committee (Home to School Transport) 

Councillor Heather Phillips to step down and Councillor Caroline Goodrick to be appointed. 

(b)   Audit Committee 

Councillor Mark Crane to step down and Councillor David Chance to be appointed 

(c)    Care and Independence Overview and Scrutiny Committee 

1 x Conservative and Independents vacancy – Councillor Robert Windass appointed 

1 x Liberal Democrat and Liberals vacancy – Councillor Monika Slater appointed 

1 x North Yorkshire Independent Group vacancy (former Cllr Barrett seat) not appointed to. 

(d)   Children and Families Overview and Scrutiny Committee 

1 x Conservative and Independents vacancy (former Cllr George Jabbour seat) – Councillor Andy Paraskos appointed 

Councillor Heather Phillips to step down and Councillor Caroline Goodrick appointed to the committee as Vice Chair 

Councillor Monika Slater to step down and Councillor Andrew Murday appointed 

(e)  Corporate and Partnerships Overview and Scrutiny Committee 

A Labour Group seat on Scrutiny Committees to be allocated to the unaffiliated independents.  Councillor Steve Shaw Wright to come off – not appointed to. 

(f)    Development Plan Committee 

1 x Liberal Democrat and Liberal vacancy - Councillor Steve Mason appointed 

Councillor Hannah Gostlow to step down and Councillor Phillip Broadbank appointed 

Councillor Derek Bastiman to step down as Chair and Councillor Mark Crane appointed to the committee and as Chair 

(g)   Employment Appeals Committee 

A Labour Group seat on Ordinary Committees to be allocated to the Liberal Democrats and Liberals.  Councillor Rich Maw to come off, vacancy not appointed to. 

(h)   General Licensing and Registration Committee, including the Sub-Committee 

1 x Conservative and Independents vacancy – not appointed to 

1      x North Yorkshire Independent vacancy – not appointed to 

(i)    Pension Fund Committee 

Councillor Andrew Williams to step down and Councillor Peter Wilkinson appointed 

Councillor Matt Walker to step down and Councillor Dan Sladden appointed. 

(j)    Police Fire and Crime Panel 

1 x Conservative and Independents vacancy – Councillor Malcolm Taylor to be appointed 

Councillor Felicity Cunliffe-Lister to be appointed as the named substitute for the Liberal Democrats and Liberals 

(k)   Richmond Yorks Area Constituency Planning Committee 

Cllr Kevin Foster to replace Cllr Stuart Parsons, with Cllr Bryn Griffiths as the named substitute (Cllrs Foster and Griffiths will manage attendance between them). 

(l)    Scrutiny of Health 

1 x North Yorkshire Independent vacancy – not appointed to 

Councillor Andrew Murday to step down and Councillor Andrew Timothy appointed 

Councillor Rich Maw retains his seat as an unaffiliated independent (former Labour seat) 

(m)Statutory Licensing 

1 x Liberal Democrat and Liberal vacancy – not appointed to 

Councillor Malcolm Taylor to step down and Councillor Andrew Lee to be appointed. 

(n)   Strategic Planning 

1 x North Yorkshire Independent vacancy – not appointed to 

Councillor Steve Mason to step down and Councillor Andrew Timothy to be appointed. 

(o)   Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee 

1 x Conservative  ...  view the full minutes text for item 85.

The recommendations at page 195 of the agenda pack (page 1361 of the Minute Book) were moved and seconded. 

An amendment was moved and seconded that at section 4.1 of the Strategy, second bullet point, the words “a minimum of” be inserted before “500 new council homes”, and this was accepted by the mover and seconder of the Strategy. 

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

Resolved – 

That Council adopt the Housing Strategy 2024 to 2029 as recommended by Executive following consideration of the report ‘Housing Strategy 2024 to 2029’ at their meeting on 19 March 2024, and incorporating the amendment detailed in the preamble to the minute. 

At 1:10 pm the Chairman adjourned the meeting for lunch. 

The meeting was re-convened at 2:05 pm. 

The recommendations at page 213 of the agenda pack (page 1379 of the Minute Book) were moved and seconded. 

Resolved – 

That the Council receives and notes the Annual Report of the Standards and Governance Committee. 

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

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 219 - 222 of the agenda pack and which appears in the Minute Book (pages 1385 to 1388). 

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 223 – 226 of the agenda pack and which appears in the Minute Book (pages 1389 to 1392). 

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 227 - 230 of the agenda pack and which appears in the Minute Book (pages 1393 to 1395). 

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 231 - 234 of the agenda pack and which appears in the Minute Book (pages 1397 to 1400). 

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 235 – 238 of the agenda pack and in the Minute Book (pages 1401 to 1404). 

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 239 – 240 of the agenda pack and which appears in the Minute Book (pages 1405 to 1406). 

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 241 - 242 of the agenda pack and which appears in the Minute Book (pages 1407 to 1408). 

Councillor Simon Myers, Executive Member for Culture, Arts and Housing, made a statementand answered questions.  A summary of the key points of which had previously been circulated and which appeared at pages 243 - 246 of the agenda pack and which appears in the Minute Book (pages 1409 to 1412). 

Councillor Janet Sanderson, Executive Member for Children and Families, made a statementand answered questions.  A summary of the key points of which had previously been circulated and which appeared at pages 247 – 250 of the agenda pack and which appears in the Minute Book (pages1413 to 1415). 

The written statement of Councillor Karin Sedgwick having previously been circulated and which appeared at pages 251 – 252 of the agenda pack and which appears in the Minute Book (pages 1417 to 1418), was noted.  The Scrutiny Board Chair then answered questions. 

The written statement of Councillor Karin Sedgwick having previously been circulated and which appeared at pages 253 - 256 of the agenda pack and which appears in the Minute Book (pages 1419 to 1421), was noted.  The Chair of the Care and Independence and Housing Overview and Scrutiny Committee then answered questions. 

The written statement of Councillor Andrew Williams having previously been circulated and which appeared at pages 257 - 258 of the agenda pack and which appears in the Minute Book (page1423), was noted.   

The written statement of Councillor Andrew Lee having previously been circulated and which appeared at pages 259 - 262 of the agenda pack and which appears in the Minute Book (pages 1425 to 1427), 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 263 – 266 of the agenda pack and which appears in the Minute Book (pages 1429 to 1431), was noted.   

The written statement of Councillor Barbara Brodigan having previously been circulated and which appeared at pages 267 - 268 of the agenda pack and which appears in the Minute Book (pages 1433 to 1434), was noted.   

The written statement of Councillor Malcolm Taylor having previously been circulated and which appeared at pages 269 - 270 of the agenda pack and which appears in the Minute Book (pages 1435 to 1436), was noted.  The Chair of the Transition (LGR) Overview and Scrutiny Committee then answered questions. 

1)    Our schools are the future

The closure of rural schools in North Yorkshire has many significant negative social impacts on residents, communities and children.

The loss of schools and other associated infrastructure leaves villages without the necessary services to support families now and into the future.

We call on this council to place a moratorium on any school closures until the new North Yorkshire local plan is developed.

Proposed Cllr Steve Mason

Seconded Cllr Andrew Murday

2)    Hospice funding

This Council recognises:

1.         The invaluable care that the Hospice movement provides to people at the end of life and the tremendous public support that they command.

2.         The unfortunate, but inevitable demographic changes in our society that has led in recent years, notwithstanding the impact of COVID, to increasing numbers of people who could benefit from Hospice, Palliative and End of Life Care, particularly for people with complex needs or who experience high levels of frailty in their last year of life.

3.         The desire of the Hospice sector to protect its independent status whilst having its contribution to supporting people at the end of life recognised through fair and consistent funding arrangements across and within the new Integrated Care Board statutory responsibility to commission Hospice, Palliative and End of Life Care services.

This council therefore regrets that ICB funding for Hospices has not kept up with inflation, and it recognises the detrimental effect this is having on Hospice service provision across North Yorkshire. We call on the local ICB to ensure that it meets its statutory requirements, and that it commits to paying Hospices the full cost of any commissioned clinical services that would be otherwise be provided by the NHS.

Further, in fulfilling its own responsibilities to improve the health and wellbeing of its population this Council is concerned that the failure to adequately fund the sector will undermine its own ability to fulfil that responsibility.

We therefore request that the Leader of the Council writes to the Secretary of State for Health and Social Care to ask her to ensure that NHS England gives greater support to Integrated Care Boards, enabling them to better understand their responsibilities for Hospice and End of Life Care services, and thus ensuring a fair contribution for the work they do and greater consistency across England, taking note of changing needs.

Proposed Cllr Peter Lacey

Seconded Cllr Andrew Lee

3)    Care Leavers

Young people leaving social care are already in a vulnerable situation, and they are often subject to discrimination when attempting to get a job or find a place to live. Indeed, some housing providers directly stipulate “no care leavers”.

The effect of this discrimination is to push these young people, who are already vulnerable, into hostels and shelters where they are easy targets for exploitation and victimisation by criminal gangs.

We call on this council to join over sixty other local councils in the UK by treating care experience as if it is a protected characteristic by:

•           Ensuring  ...  view the full agenda text for item 89.

The Chair, Councillor Roberta Swiers, advised that five Notices of Motion had been submitted.  The Chair confirmed that she had ruled as follows on each of the submitted motions: 

(1)  A call to place a moratorium on any school closures until the new North Yorkshire local plan is developed – motion to be debated at the meeting

(2)  A request for the Leader to write a letter to the Secretary of State regarding hospice funding and support – motion to be debated at the meeting

(3)   A call to join over sixty other local councils in the UK by treating care experience as if it is a protected characteristic – motion to be referred to the Scrutiny Board to determine the most appropriate overview and scrutiny committee

(4)  A call to promote un-used public land for the cultivation for food or biodiversity and expand allotment provision –motion to be referred to the Scrutiny Board to determine the most appropriate overview and scrutiny committee 

(5)   A call to halt the proposed cuts to free school bus services in the county (Home to School Transport policy) - motion to be referred to the Executive  

89  Our schools are the future 

 (1)

The closure of rural schools in North Yorkshire has many significant negative social impacts on residents, communities and children.  

The loss of schools and other associated infrastructure leaves villages without the necessary services to support families now and into the future.  

We call on this council to place a moratorium on any school closures until the new North Yorkshire local plan is developed.

Proposer - Cllr Steve Mason  

Seconder - Cllr Andrew Murday

The notice of motion was moved by Councillor Steve Mason and seconded by Councillor Andrew Murday.   

The motion was then debated. 

On a vote being taken 15 Members voted for the motion, 68 against and there was one abstention.  The motion therefore fell. 

89  Hospice Funding 

 (2)

This Council recognises:  

1. The invaluable care that the Hospice movement provides to people at the end of life and the tremendous public support that they command.  

2. The unfortunate, but inevitable demographic changes in our society that has led in recent years, notwithstanding the impact of COVID, to increasing numbers of people who could benefit from Hospice, Palliative and End of Life Care, particularly for people with complex needs or who experience high levels of frailty in their last year of life.  

3. The desire of the Hospice sector to protect its independent status whilst having its contribution to supporting people at the end of life recognised through fair and consistent funding arrangements across and within the new Integrated Care Board statutory responsibility to commission Hospice, Palliative and End of Life Care services.  

This council therefore regrets that ICB funding for Hospices has not kept up with inflation, and it recognises the detrimental effect this is having on Hospice service provision across North Yorkshire. We call on the  ...  view the full minutes text for item 89.

The report on the Use of Special Urgency Procedures since the last meeting of the Council on 21 February 2024 was considered and the recommendation at page 271 - 276 of the agenda pack (page 1440of 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 February 2024, be noted. 

There were no Council Procedure Rule 10 questions.