Agenda and minutes

Apologies for absence were received from Councillor Michael Harrison.

Resolved –

Thatthe public Minutesof themeeting heldon 20 June 2023,having been printedand circulated,betakenas readand confirmedby theChairmanas acorrect record.

There were no declarations of interest.

Members are recommended to exclude the public from the meeting during consideration of each of the items of business listed in Column 1 of the following table on the grounds that they each involve the likely disclosure of exempt information as defined in the paragraph(s) specified in column 2 of Part 1 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information)(Variation) Order 2006:-

Resolved –

That on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 as amended by the Local government (Access to Information) (Variation) Order 2006, the public was excluded from the meeting during consideration of Appendix B of agenda item 13 – Schools Condition Capital Programme 2023/24.

Members of the public may ask questions or make statements at this meeting if they have given notice to Melanie Carr of Democratic and Scrutiny Services and supplied the text (contact details below) by midday on Thursday 29 June 2023, three working days before the day of the meeting.  Each speaker should limit themselves to 3 minutes on any item.  Members of the public who have given notice will be invited to speak:

·            at this point in the meeting if their questions/statements relate to matters which are not otherwise on the Agenda (subject to an overall time limit of 30 minutes);

·            when the relevant Agenda item is being considered if they wish to speak on a matter which is on the Agenda for this meeting.

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

There were a number of public questions and statements which the Chair agreed to consider as part of the relevant agenda item.

Recommendations - That the Executive recommends to full Council for approval:

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

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

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

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

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

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

Considered – A report of the Assistant Chief Executive proposing a number of amendments to the Council Constitution.

Councillor David Chance introduced the report and provided an overview of the proposed changes to the Constitution.

Councillor Simon Myers welcomed the proposed flexibility around dates and times of meetings and the tidying up of the rules around public participation.

Resolved – That the following be recommended to full Council for approval:

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

ii.    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;

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

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

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

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

Recommendations – That the Executive:

i.       Authorises the acceptance of the grant of the Rural England Prosperity Fund with a total value of £5.4m over two years up to March 2025, subject to approval of the final funding agreement terms and conditions by Finance and Legal Services.

ii.      Delegates authority to sign the Rural England Prosperity Fund funding agreement in the form of a Memorandum of Understanding to the Corporate Director of Resources.

Considered – A report of the Corporate Director Community Development seeking approval to accept the grant of the Rural England Prosperity Fund with a total value of £5.4m over two years up to March 2025, and to delegate authority to sign the Rural England Prosperity Fund final funding agreement to the Corporate Director of Resources, subject to acceptable MoU and terms and conditions being reviewed.

Councillor Derek Bastiman introduced the report and confirmed that Parish Councils could apply for funding as long as their proposal supported the rural hinterland.

Having considered the report, the Executive welcomed the news, and it was

Resolved – That:

i.       The grant of the Rural England Prosperity Fund with a total value of £5.4m over two years up to March 2025 be accepted, subject to approval of the final funding agreement terms and conditions by Finance and Legal Services.

ii.      Authority to sign the Rural England Prosperity Fund funding agreement in the form of a Memorandum of Understanding be delegated to the Corporate Director of Resources.

Recommendation:

The Executive are asked to recommend to Full Council 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.

Considered – A report of the Corporate Director Community Development proposing a change to the resolution of the Council to continue with preparations in respect of the Ryedale Local Plan Review.

Councillor Derek Bastiman introduced the report and drew attention to the host of different district and Borough Council Plans all at different stages, inherited by the new Unitary Authority.  He noted the new North Yorkshire Plan would cover the whole of the area currently covered by those existing Plans and provide a holistic development strategy and consistent policy framework across the county.  He also stated the Council’s commitment to having the new Plan adopted by 2028.

Specifically in regard to the Ryedale Plan, he drew attention to the legal advice sought by Ryedale District Council which advised the review of their Plan would take longer than anticipated, and that further work would need to be undertaken in terms of the scope of that review.  The review of that Plan would therefore not be completed within a significantly shorter period than the time taken to produce the new North Yorkshire Plan, and it would have a limited shelf life given it would soon be replaced by the new North Yorkshire Plan.

He also suggested it would be difficult to justify the production of two Plans at the same time as it would be confusing for the local communities, businesses and other stakeholders, and would consume significant resources. Finally, he offered to visit Malton Town Council with senior officers to discuss their concerns and to help ensure they were picked up early in the Plan making process.

It was noted that two public submissions had been received, as follows:

1. Mr Ian Conlan, Mayor of Malton Town Council stated:

“We have significant issues with the existing Ryedale Plan that we would like this committee to address, namely:

i.       Housing distribution. Malton is required to take too much housing. 50% of housing in Ryedale is allocated to Malton and Norton, with just 25% of the population.

ii.      Local Occupancy Condition is imposed, not in Malton, but in all non-service villages, to the extent that key community infrastructure in those villages in threatened, such as schools, with no affordable housing provision.

iii.     Village boundaries have not changed since 1995.

iv.     Transport capacity within Malton and Norton has been reached, exceeding the limit assessed in the 2010 Transport Assessment.

v.      Air quality in Malton’s designated Air Quality Management Area is already at dangerous levels for human health and risks getting worse.

All these issues are inter-related.

·           Congestion has worsened around Butcher Corner and the Level Crossing, heavy traffic has increased massively on Highfield Rd making the walk to school increasingly unsafe,

·           The haulage industry wants to remove the weight restriction at the level crossing, some ignore it and this authority is reluctant to enforce it

·           the AQMA will experience an increase in air pollution contrary to WHO recommendations. 

·           Meanwhile, numerous villages around Ryedale which have been effectively frozen in time  ...  view the full minutes text for item 271.

Recommendations - That the Executive:

i.       Notes the contents of this report and the application made to the LEVI Capital and Capability funds respectively

ii.    Delegates authority to the Executive Member for Highways and Transportation in consultation with the Corporate Director – Environment and the Corporate Director Resources to approve the Stage 2 application for the LEVI Capital Fund

iii.   Delegates authority to the Deputy Leader of the Council/Executive Member for Finance and Resources and the Executive Member for Highways and Transportation in consultation with the Corporate Director Environment and the Corporate Director Resources to accept the grant award of £4.88m subject to acceptable terms and conditions being received and reviewed.

Considered – A report of the Corporate Director for Environment presenting the background and detail of the submission of an expression of interest and proforma to the Local Electric Vehicle Infrastructure Capital and Capability funds respectively and seeking delegation of authority to approve both a Stage 2 application for the LEVI Capital Fund and acceptance of the grant award of £4.88m, subject to acceptable terms and conditions being received.

Councillor Keane Duncan introduced the report and outlined the proposal detailed within the report.

Councillor Greg White welcomed this next step on the road towards making a quality infrastructure of vehicle charging points across the county    He noted the confidence to buy an electric vehicle came from having confidence in being able to charge it when out and about.

Councillor Gareth Dadd queried recommendation (iii) and its proposal to delegate authority to two Executive Members rather than to the relevant Corporate Director as with other similar proposals.  He therefore suggested it needed revising to say ‘Delegates authority to the Corporate Director for Environment in consultation with the Deputy Leader of the Council, the Executive Member for Highways & Transportation, and the Corporate Director Resources’

Subject to that revision to the recommendations, it was

Resolved – That:

i.             The contents of the report and the application made to the LEVI Capital and Capability funds respectively be noted

ii.          Authority be delegated to the Executive Member for Highways and Transportation in consultation with the Corporate Director – Environment and the Corporate Director Resources to approve the Stage 2 application for the LEVI Capital Fund

iii.         Authority be delegated to the Corporate Director for Environment in consultation with the Deputy Leader of the Council, the Executive Member for Highways & Transportation, and the Corporate Director Resources’, to accept the grant award of £4.88m subject to acceptable terms and conditions being received and reviewed.

Recommendations – That the Executive approve

i.    That the core criteria for introducing 20mph speed limits and zones, as set out in the existing 20mph Speed Limit Policy should remain unchanged;

ii.   That area-wide or default 20mph speed limits are not supported;

iii.  To undertake a series of planned reviews, which are underpinned by a speed management strategy for the local road network, delivered over a defined period and which will generate a pipeline of schemes; and

iv.  To delegate to the Corporate Director for Environment and the Executive Member for Highways and Transportation, approval of the:

a.    Content and detail of the proposed speed management strategy; and

b.    Prioritisation methodology for ranking proposed speed limit schemes.

Considered – A report of the Corporate Director for Environment seeking Executive approval for the development of a North Yorkshire speed management strategy and countywide programme of speed limit reviews, in order to generate a pipeline of schemes, to be delivered over a number of years.

Councillor Keane Duncan introduced the report confirming the Council’s proposed new approach to managing speed limits across the county, which included a new speed management strategy and a county-wide review of speed limits.  He noted it would produce a rolling pipeline of speed improvement schemes for delivery, with local communities and local Councillors involved from the outset. He acknowledged it was an ambitious pro-active approach build on evidence and community empowerment.  He suggested the proposal took account of the diverse nature of North Yorkshire’s communities, and drew attention to the consultation undertaken with councillors, with most supporting lower speed limits around schools and other high footfall areas.  Whilst he recognised the value that speed limits and 20mph zones had in terms of road safety, he noted the concern expressed about a default 20mph limit in every town and village and highlighted that those who were in favour of it were not in agreement on where it should be applied. 

It was noted that five public submissions had been received, as follows:

1. Hazel Peacock

“My name is Hazel Peacock. I am from the Oatlands road safety and active travel campaign, and I am here today to ask a question about our petition “for North Yorkshire Council to deliver a maximum speed of 20mph across south and west Harrogate – covering Oatlands and parts of Pannal, the Stray, Hookstone and St George’s areas in Harrogate”, which had 924 signatures at the time of submission (and now has 982) and was endorsed by the Area Constituency Committee of Harrogate and Knaresborough on 8th June.

Over 4,000 children walk, cycle and travel by car and bus to schools in the area every school day and the implementation of a maximum speed (in the area proposed), is urgently needed for the safety, health and well-being of children and the wider community, for better road safety and to facilitate active travel.

In October 2022, the Harrogate and Knaresborough Area Constituency Committee resolved for the Executive to be advised of the wish for a 20mph speed limit to be piloted throughout towns and villages in the constituency area, where a need had been identified. Since then two serious collisions involving three children have occurred in our community (three weeks apart), one on the pavement outside Ashville College on Yew Tree Lane in February with devastating effects and another outside Oatlands Junior School, also on the pavement, in January. These awful events coupled with the overwhelming evidence of the benefits of 20mph limits demonstrate why change is urgently needed.

We know from evidence shared by Brake the road safety charity that “The higher the speed a vehicle travels the greater likelihood of a serious injury or death if there is a  ...  view the full minutes text for item 273.

Recommendations - That theExecutive:

i.    Notes the report and considers any matters arising from the work of the Area Constituency Committees detailed above, that merit further scrutiny, review or investigation at a county-level.

ii.   Considers the recommendations proposed by Harrogate and Knaresborough Area Constituency Committee regarding a maximum speed of 20mph across parts of south and west Harrogate, as detailed in paragraph 4.4 of the report, as part of the ongoing review by the Council of its current 20 mile per hour speed limit and zone policy.

iii.  Considers the recommendations proposed by Harrogate and Knaresborough Area Constituency Committee regarding the proposed Harrogate Station Gateway scheme, as detailed in paragraph 4.7 of the report, and the scheduling of engagement meetings and the establishment of and support for a working group of the committee.

iv.  Considers the recommendations proposed by the Thirsk and Malton Area Constituency Committee as detailed in paragraph 7.6 of the report regarding the Filey toilet provision and the proposed county wide review of public conveniences.

Considered– A report of the Assistant Chief Executive (Legal & Democratic Services) providing an overview of the key issues considered at recent meetings of the Area Constituency Committees (ACC). 

Councillor David Chance introduced the report and drew attention to the Chair and Vice-Chair appointments detailed in the report.  He confirmed that for the Scarborough & Whitby Area Constituency Committee, Councillor Liz Colling had been appointed Chair and Councillor Janet Jefferson Vice-Chair. 

He also drew specific attention to the recommendations arising from recent meetings of the Harrogate & Knaresborough Area Constituency Committee, as detailed in paragraphs 4.4 and 4.7 of the report, and the Thirsk & Malton Area Constituency Committee as detailed in paragraph 7.6 of the report.

It was noted that a public submission had been received from Barry Adams in response to the Harrogate and Knaresborough ACC's response to the petition under paragraph 4.7 of the  report as follows:

“I refer to the submission of a Petition in opposition to the Harrogate Station Gateway Project which was presented by Rachael Inchboard to the Harrogate and Knaresborough ACC Meeting on 08 June.  As a result of the discussions by Councillors at that meeting there are two specific but important issues, namely the large number of signatories and their location, which were inappropriately questioned by certain Members.  There are perfectly valid reasons that address both these issues which need to be brought to the attention of this Executive Meeting.”

In regard to the Petition itself he stated:

“One of the Conservative Members attending this meeting queried the petition’s veracity, saying its signatories included people from as far away as South Africa.  According to people who are more computer literate than I am, it is reportedly an anomaly where the IP address of people’s computers shows up on the petition rather than their postal address.  So I have been told, it occurs when a Virtual Private Network (VPN) is used to provide additional security and privacy rather than that afforded by the normal internet connection.  For example, two people I know who most certainly live in Harrogate had their addresses displayed on the petition as Sunderland.  It therefore seems to confirm that the Councillor who announced in a sarcastic manner at the NYC Executive Meeting on 30 May that he had rigorously checked the petition and that it proved nothing as at least 20% of the signatories lived outside the Harrogate area, was quite wrong.

Surely there must be some way in which these misleading discrepancies, fabrications and exaggerations can be taken into account as they were extremely misleading.   I find it hard to comprehend that the "technology wizards" at NYC have not come across this anomaly before.”

In regard to interpretation of the Petition he stated:

“In addition to the above issue, another Conservative Member attending the ACC Meeting pointed out that even 500 local signatures, the threshold needed to have the petition debated by the Committee, were not representative of all views from local residents.  Just over two years ago  ...  view the full minutes text for item 274.

Considered –

The Forward Plan for the period 26 June 2023 to 30 June 2024 was presented.

Resolved -   That the Forward Plan be noted.

Recommendations - That the Executive:

i.       Approve the proposed Schools Capital Programme for 2023/24 as summarised in Appendix A

ii.      Approve the Planned Capital Maintenance Programme for 2023/24 as set out in confidential Appendix B

iii.     Agree the continuation of the approach for dealing with any schools that convert to Academy status following the approval of the Programme as laid out in paragraph 3.3

Considered – A report of the Corporate Director for Children & young People’s Service seeking approval for the Schools Condition Capital Programme for 2023/24.

Councillor Annabel Wilkinson introduced the report detailing the background to the DfE’sallocation of Schools Condition funding totalling£6,044,988 toNorthYorkshireCounty Councilfor2023/24 based on new allocation methodology introduced by the DfE in 2021/22.    She also drew attention to the maintenance backlog in schools across the County and noted that due to funding levels, it would only be possible to address the highest priority schemes.

Having considered the report and the information provided at the meeting, the Executive

Resolved – To approve:

i.       The proposed Schools Capital Programme for 2023/24 as summarised in Appendix A

ii.      The Planned Capital Maintenance Programme for 2023/24 as set out in confidential Appendix B

iii.     The continuation of the approach for dealing with any schools that convert to Academy status following the approval of the Programme as laid out in paragraph 3.3