Agenda and minutes

There were no apologies for absence.

Councillors Mark Crane and Carl Les declared an interest in Minute 502 – Provision of Wide Area Network Solution and Proposed Public Sector Collaboration on the basis that they were Directors of NYnet and left the room during consideration of the item.

Councillor Greg White declared an interest in Minute 499 – Proposed Changes to the Council’s Home to School Travel Policy, as his wife was an unpaid trustee of Arete Learning Trust.  As this was not a pecuniary interest Councillor White remained in the meeting and took part in the debate and vote.

Members of the public may ask questions or make statements at this meeting if they have given notice to Elizabeth Jackson, Principal Democratic Services Officer, elizabeth.jackson@northyorks.gov.uk and supplied the text by midday on Thursday 11 July 2024, 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 10 public questions and statements submitted in relation to Minute 499 – Proposed Changes to the Council’s Home to School Travel Policy as follows:

1.     Statement from Gareth Whitaker – Headteacher of Settle College

I’m Gareth Whitaker, headteacher of Settle College, I would also like to introduce Claire Pearson Headteacher of both Bentham Primary School and Austwick Primary School and Jo College Headteacher of Ingleton Primary School.

Thank you for taking the time to listen to a matter of great concern to our community and, more importantly, to the future of Settle College and the education of our children.

I want to share with you the words of a mother with a Year 6 child, who spoke at one of our consultation meetings. She was visibly upset, fearing she had made the wrong decision for September 2024 by choosing Settle College, the school she believed best suited her child's needs. Her concern was chilling—a parent selecting their nearest catchment school, now doubting her choice amid widespread support from the local community and stakeholders.

This morning, we gather in force as part of a plea to be heard. The recent transport consultation by North Yorkshire Council has highlighted proposals that could significantly impact how our families access education. Settle College has long been the preferred choice for many families in Bentham and Ingleton. It’s not just about proximity; it’s about the quality of education and the community that has flourished around this institution.

However, the council’s proposal to require families to pay for school transport could impose a financial burden that many cannot bear, amounting to over £2,000 annually for two children. This is not just about numbers on a balance sheet; it’s about the choices and futures of our families. Being forced to choose a secondary school based on transport costs rather than educational preference undermines the very principle of educational freedom.

For every child that travels outside of North Yorkshire because their families cannot afford these fees, Settle College stands to lose a significant amount in government funding. This is not savings—this is a loss—a loss for our children, our school, and our county’s education system. The brilliance, diversity, and unique contributions of pupils from Bentham and Ingleton are at risk. Travelling to their nearest school QES will not save money for the local authority as the distances are negligible and students require the transport.

While it is a relief that current pupils and those joining this autumn will not be affected, we must consider future generations and the anxiety parents now feel as a result of this consultation. What precedent does this set? Will financial constraints dictate the quality of education our children receive? The council’s proposal does not offer a sustainable solution. It simply shifts the financial burden onto families, potentially segregating education by income rather than by choice or merit.

This is why it is crucial that we, as a community, make our voices heard. We must communicate not only our disagreement but also  ...  view the full minutes text for item 498.

Recommendations

i)                 note the outcomes of the Children and Families Overview and Scrutiny Committee meeting on 20 May 2024

ii)                consider the Notice of Motion that was referred to the Executive by Full Council at their meeting of 15 May 2024 and make a recommendation to the meeting of Full Council to consider at their meeting on 24 July 2024.

Considered –

A report of the Assistant Chief Executive Legal and Democratic Services which provided an update on the informal meeting between the Children and Young People’s Service and Children and Families Overview and Scrutiny Committee to discuss the Home to School Travel Policy proposals.  The report had been provided to inform the Executive’s decision on the Home to School Transport Policy being considered at the meeting.

A Notice of Motion in relation to the proposed changes to the Home to School Travel Policy had been referred by Council to Executive on 15 May 2024.  The report  presented the Motion and Executive were requested to make a recommendation to Council on 24 July 2024on the Motion.

Resolved – that:

i)                 The outcomes of the Children and Families Overview and Scrutiny meeting held on 20 May 2024 be noted

ii)                Executive recommend to Council to be held on 24 July 2024 that no further action be taken on the Notice of Motion referred to it by Council on 15 May 2024

Recommendations

That the Executive considers the report and proposes to adopt a new home to school travel policy including consideration of each of the following recommendations to Full Council:

i)                 to retain this extended eligibility in reception year as part of the future travel policy.

ii)                to retain this extended eligibility in Year 3 as part of the future travel policy.

iii)              to remove transport assistance to second address as part of the future travel policy.

iv)              to remove travel assistance to children attending designated religious character primary schools as part of the future travel policy.

v)               a proposal that travel on transition is assessed on a case-by-case basis in accordance with the EHCP as part of the future policy.

vi)              amend the criterion to match the statutory requirement, meaning that in future eligibility on catchment grounds would no longer apply as part of the future travel policy.

vii)             use its discretionary powers to extend the eligibility for travel assistance for secondary age pupils from low income families to attend one of their three nearest suitable schools provided it is more than 2 miles but not more than 12 miles (an increase from 6 miles) from their home as part of the future travel policy.

Considered – A report of the Corporate Director Children and Young People’s Service for recommendation to full Council on 24 July 2024 for approval of proposed amendments to the Home to School Travel Policy following public consultation. 

Sixteen public statements and questions had been received, ten of which were read out at the meeting as detailed at Minute 498, the remaining six were circulated to Executive Members before the meeting. 

The Executive Member for Education, Learning and Skills introduced the report and gave an overview of the key points, as summarised below:

·        Last year the Department for Education revised the statutory guidance in relation to home to school transport, which the Council has a statutory duty to provide to eligible children, and the proposed amendments were to ensure the Council complied with this amended guidance

·        Home to school transport is the third largest item of expenditure for the Council at £51m and the cost has doubled since 2018/19.  North Yorkshire Council is one of the highest spending councils in the country on this. 

·        The current population of 5-16 year olds in the county is 75,000 and 10,000 access free travel

·        The current policy makes provision for eligibility above statutory requirements and the consultation requested views on six discretionary elements.  A summary of responses to the consultation was provided in section 5 of the report

·        Currently some children had eligibility for more than one school where their catchment school was not their nearest school.  It was proposed that children would only be eligible for free transport to their nearest school, which would address an anomaly and provide greater equality

·        For some addresses an out of County school would be the nearest school, and the Council was obliged to cover the cost to such schools.  This also applied where a NYC school was the nearest school to a child living outside of the County, where their Council would have to pay for travel to an NYC school

·        Section 5.19 of the report addressed safety issues relating to routes, roads, vehicle size and weather conditions and the commissioning arrangements would take these factors into account

·        Section 5.3 of the report addressed support for low income families where eligibility was extended to choose from one of three near schools between 2 and 12 miles radius to enable them to exercise meaningful preferences, an increase from the current 6 miles

·        These actions were being taken to ensure that the home to school travel provision was efficient and provided value for money

Councillors Stuart Parsons, David Ireton and Paul Haslam were in attendance at the meeting and addressed the Executive with the permission of the chair.  Concern was expressed over the loss of inward investment following reductions in school funding due to falling pupil numbers leading to concerns over the viability of some rural schools.  It was felt that the proposals would lead to a reduction in choice for families and a detrimental effect on communities and the viability of development of affordable housing in the  ...  view the full minutes text for item 499a

Recommendations

i)                 That having undertaken the required preliminary checks, the Executive resolve that the issues listed above in section 9 have been satisfied and there can be a determination of the proposals.

ii)                1) To cease to maintain St Hilda’s Ampleforth Church of England Voluntary Controlled Primary School with effect from 31 August 2024.

2) That the current St Hilda’s Ampleforth CE VC Primary School catchment area would be split between Husthwaite CE VC Primary School, Helmsley Community Primary School and Terrington CE VA Primary School. This would mean the parishes of Gilling East, Grimstone, Cawton and Coulton would become part of the catchment area for Terrington CE. The parishes of Oswaldkirk and Stonegrave would become part of the catchment area for Helmsley Community Primary School. The parishes of Byland with Wass and Ampleforth would become part of the catchment area for Husthwaite CE.

Considered – A report of the Corporate Director – Childrens and Young People’s Service providing information upon which to cease to maintain St Hilda’s Ampleforth Church of England Voluntary Controlled Primary School with effect from 31 March 2024, together with the future arrangements for the school’s current catchment area. 

The Executive Member for Education, Learning and Skills, Councillor Annabel Wilkinson, introduced the report and advised that there were currently only 13 children in the school in what was a relatively small rural village.  On 7 May 2024 Executive had resolved to publish statutory proposals and notices on 22 May 2024 proposing that the school be closed from 31 August 2024.  Four representations had been received, which were outlined in the report and reproduced in full at Appendix C.  If the school were to be closed the catchment would be split between three schools and parents could express a preference for which school. The village of Ampleforth would continue to be served by another school in the village, St Benedict’s Catholic Primary School.

Resolved (unanimously) – that:

i)                 having undertaken the required preliminary checks, the Executive resolve that the issues listed above in section 9 have been satisfied and there can be a determination of the proposals.

ii)                1) to cease to maintain St Hilda’s Ampleforth Church of England Voluntary Controlled Primary School with effect from 31 August 2024.

2) that the current St Hilda’s Ampleforth CE VC Primary School catchment area would be split between Husthwaite CE VC Primary School, Helmsley Community Primary School and Terrington CE VA Primary School. This would mean the parishes of Gilling East, Grimstone, Cawton and Coulton would become part of the catchment area for Terrington CE. The parishes of Oswaldkirk and Stonegrave would become part of the catchment area for Helmsley Community Primary School. The parishes of Byland with Wass and Ampleforth would become part of the catchment area for Husthwaite CE.

(At 12.37 pm the meeting was adjourned and reconvened at 12.49 pm)

Recommendation

That Executive approves proposals for a Key Route Network in North Yorkshire ahead of submission for approval to the York and North Yorkshire Combined Authority.

Considered – A report of the Corporate Director – Environment seeking approval for proposals for a Key Route Network in North Yorkshire as part of the York and North Yorkshire Key Route Network ahead of submission for approval by the York and North Yorkshire Combined Authority (YNYCA).

The Executive Member for Highways and Transportation, Councillor Keane Duncan, introduced the report and advised that a total of 684km of road, or 7% of North Yorkshire’s road network was proposed to be included.  City of York Council was identifying similar roads within its boundaries and collectively these roads would be submitted to the YNYCA for final approval.  There were a number of transport functions a Combined Authority could take responsibility for, however there were no plans to change the current arrangements and NYC would continue as the highway authority.

The Executive Member confirmed that this would not result in a 2-tier network and all roads would continue to be maintained to the same standard with no changes to how NYC looked after the road network.  In response to a question from Councillor Paul Haslam making a number of suggestions for improvements to the road network Councillor Duncan advised that the decision today was to designate which roads would make up the Key Route Network and suggestions would be considered later.

Resolved (unanimously) – that:

Proposals for a Key Route Network in North Yorkshire be approved ahead of submission for approval to the York and North Yorkshire Combined Authority.

Recommendations

i)                 The council should continue collaborative arrangements with various health sector organisations upon their expiry on 1 January 2025 regarding WAN and associated services.

ii)                The council should enter into collaborative arrangements with the York & North Yorkshire Combined Authority and Chief Constable regarding WAN and associated services.

iii)              The council should enter into a new Solutions Agreement with NYnet in relation to the provision of a WAN solution to the council’s corporate sites, schools and other public sector organisations who have collaborative arrangements in place with the council.

iv)              The council should delegate authority to the Director of Corporate Resources in consultation with Assistant Director Legal to prepare and complete the required contracts on behalf of the council to put into effect the agreements under 6.1, 6.2 and 6.3 above 

COUNCILLOR GARETH DADD IN THE CHAIR

Considered – A report of the Corporate Director Resources in which approval was sought to update the Collaboration Agreement made in 2017 regarding Wide Area Network (WAN) and associated services with six health sector organisations in North Yorkshire and York, the current Agreement was due to expire on 1 January 2024.  Approval was also sought in relation to a further opportunity for the Council to enter into collaborative arrangements with the York and North Yorkshire Combined Authority and Chief Constable.  The Council currently contracts with NYnet Limited for a WAN solution across North Yorkshire for the provision of broadband connectivity to Council sites and North Yorkshire schools and approval was sought to renew these arrangements and any other partner organisation’s sites as part of the collaboration agreements.  Authority was requested for the Corporate Director Finance in consultation with the Assistant Director Legal, to take the necessary steps to complete the agreements.

The Corporate Director Resources introduced the report and advised that discussions with the police were ongoing and resolution ii) was not going to be progressed in the immediate future.

Resolved – that:

i)                 The council should continue collaborative arrangements with various health sector organisations upon their expiry on 1 January 2025 regarding WAN and associated services.

ii)                The council should enter into collaborative arrangements with the York and North Yorkshire Combined Authority and Chief Constable regarding WAN and associated services.

iii)              The council should enter into a new Solutions Agreement with NYnet in relation to the provision of a WAN solution to the council’s corporate sites, schools and other public sector organisations who have collaborative arrangements in place with the council.

iv)              The council should delegate authority to the Director of Corporate Resources in consultation with Assistant Director Legal to prepare and complete the required contracts on behalf of the council to put into effect the agreements under i), ii) and iii) above 

(Councillors Mark Crane and Carl Les both declared an interest in the item on the basis that they were Directors on the Board of NYnet and left the room during consideration of the item.

The Assistant Chief Executive Legal and Democratic advised that he and the Chief Executive were also on the Board of NYnet, but as they were not decision makers they would not need to leave the room, however they would not take part in the item.)

Recommendation

That the Executive, subject to consultation with the Department for Transport, appropriates this parcel of land (278 square metres) at West Pier, from harbour use to general estates purposes

COUNCILLOR CARL LES IN THE CHAIR

Considered – A joint report of the Corporate Director of Environment and the Corporate Director of Resources providing an update on the Scarborough Towns Fund West Pier Scheme and seeking approval to appropriate a parcel of land at West Pier which is currently used for a non-harbour purpose into general estates use.

Two public questions had been received, as detailed at Minute 498.  In addition the Chair reported that correspondence had been received from Mr Burrows, Mr Whitmore, Mr Roberts and the Friends of Scarborough. 

The Executive Member for Open to Business, Councillor Mark Crane, introduced the report and stated that the scheme sought to improve a part of the West Pier which was currently in a state of disrepair to make it more welcoming to visitors and local people and also improve facilities for those who make their living from the sea.  The site was currently the subject of a planning application, which did not include a boat hoist, but could be amended to include one should funding become available.

Councillor Janet Jefferson, Member for Castle division in Scarborough, addressed the Executive, expressing concern over possible loss of income to the harbour authority and the legal process for the appropriation of the land.  The Corporate Director Community Development advised that the land would be valued before transfer took place and the appropriation did not impact on the planning permission.  The Assistant Chief Executive Legal and Democratic confirmed that the transfer of land could take place under the Scarborough Corporation Act 1931.

Resolved (unanimously) – that:

It is recommended that subject to consultation with the Department for Transport, this parcel of land (278 square metres) at West Pier, be appropriated from harbour use to general estates purposes.

Recommendations

i)                 Note the draft Long-Term Plan for Towns, ten-year Vision document for Scarborough.

ii)                Delegate responsibility to the Corporate Director for Community Development and Corporate Director for Resources, in consultation with the Executive Member for Open to Business, to authorise Officers to complete and submit the three-year Investment Plan template when received from the DLUHC.

iii)              delegate authority to the Corporate Director for Community Development and Corporate Director for Resources, in consultation with the Executive Member for Open to Business, to submit the final ten-year Vision document for Scarborough and the initial three-year Investment Plan to the DLUHC by the 1st August 2024.

iv)              Accept the initial £6.87m of funding from the Department of Levelling Up, Homes and Communities             to deliver the Long-Term Plan for Scarborough and initial three-year Investment Plan.

Considered – A report of the Corporate Director for Community Development presenting the draft Long-Term Plan for Towns, ten year vision document for Scarborough and seeking authority for the three-year investment plan template to be completed when received from the Ministry of Housing, Communities and Local Government (MHCLG).  Authority was sought for both documents to be submitted to the MHCLG by 1 August 2024 and for funding to be accepted from MHCLG to deliver the interventions contained in the initial investment plan.  The report provided information and feedback on the community and stakeholder engagement carried out to support the Vision and Investment Plan.

The Executive Member for Open to Business introduced the report stating that it flowed from the Levelling Up agenda and Scarborough had been selected to receive just under £20 million endowment style funding over the next ten years.  The Scarborough Town Board, chaired by David Kerfoot, had been working with the Council to oversee and deliver the Plan.

Members welcomed the report which would provide opportunities for investment in the economy and tourism for Scarborough.

Resolved (unanimously) – that:

i)                 Note the draft Long-Term Plan for Towns, ten-year Vision document for Scarborough.

ii)                Delegate responsibility to the Corporate Director for Community Development and Corporate Director for Resources, in consultation with the Executive Member for Open to Business, to authorise Officers to complete and submit the three-year Investment Plan template when received from the MHCLG.

iii)              delegate authority to the Corporate Director for Community Development and Corporate Director for Resources, in consultation with the Executive Member for Open to Business, to submit the final ten-year Vision document for Scarborough and the initial three-year Investment Plan to the MHCLG by the 1st August 2024.

iv)              Accept the initial £6.87m of funding from the Ministry of Housing, Communities and Local Government to deliver the Long-Term Plan for Scarborough and initial three-year Investment Plan.

Recommendations

i)       Agree and publish the Decision Statement which confirms the modifications made to the submission version of the Malton and Norton on Derwent Neighbourhood Plan and Policies Map.

ii)      Agree that as modified the Plan at appendixes 2 and 2a meets Basic Conditions and other necessary requirements

iii)    Agree that the Plan (appendices 2 and 2a) to proceed to referendum.

iv)    The voting area for the referendum should be the area designated by the former Ryedale District Council 19 February 2019 (the Parishes of Malton and Norton on Derwent).

Considered – A report of the Corporate Director Community Development which presented the Independent Examiner’s report on the Malton and Norton on Derwent Neighbourhood Development Plan for agreement.  The Examiner recommended that the Plan, subject to a number of proposed modifications being made, met the basic conditions and other relevant requirements, and should proceed to a referendum with a voting area that was the same as the neighbourhood area originally designated by the former Ryedale District Council.

In introducing the report the Executive Member for Open to Business, Councillor Mark Crane, confirmed that local Members were supportive of the plan.

Resolved (unanimously) – that:

i)       Agree and publish the Decision Statement which confirms the modifications made to the submission version of the Malton and Norton on Derwent Neighbourhood Plan and Policies Map.

ii)      Agree that as modified the Plan at appendixes 2 and 2a meets Basic Conditions and other necessary requirements

iii)    Agree that the Plan (appendices 2 and 2a) to proceed to referendum.

iv)    The voting area for the referendum should be the area designated by the former Ryedale District Council 19 February 2019 (the Parishes of Malton and Norton on Derwent).

Recommendations

i)                 Agree and publish the Regulation 18 Decision Statement which confirms the modifications made to the submission version of the Pannal and Burn Bridge Neighbourhood Plan and Policies Map.

ii)                Agree that as modified, the Plan (Appendix C) meets the basic conditions and other necessary requirements.

iii)              Agree that the Plan (Appendix C) should proceed to referendum.

iv)              That the voting area for the referendum should be the neighbourhood area designated by the former Harrogate Borough Council on 10 August 2017 (the parish of Pannal and Burn Bridge).

Considered – A report of the Corporate Director Community Development which presented the Independent Examiner’s report on the Pannal and Burn Bridge Neighbourhood Development Plan for agreement.  The Examiner recommended that the Plan, subject to a number of proposed modifications being made, met the basic conditions and other relevant requirements, and should proceed to a referendum with a voting area that was the same as the neighbourhood area originally designated by the former Harrogate Borough Council.

Resolved (unanimously) – that:

i)                 Agree and publish the Regulation 18 Decision Statement which confirms the modifications made to the submission version of the Pannal and Burn Bridge Neighbourhood Plan and Policies Map.

ii)                Agree that as modified, the Plan (Appendix C) meets the basic conditions and other necessary requirements.

iii)              Agree that the Plan (Appendix C) should proceed to referendum.

iv)              That the voting area for the referendum should be the neighbourhood area designated by the former Harrogate Borough Council on 10 August 2017 (the parish of Pannal and Burn Bridge).

Recommendations

i)                 That Executive notes the ongoing work to support the development of the care market and care services in the Malton area to meet the emerging and changing needs of the locality

ii)                That Executive approves the intention to re-configure the Council-run care homes in Malton and Pickering whilst further developments are progressed and to consolidate residential services at the 5 Whitby Road Pickering location and, once all Ashfield Malton residents have new homes, to close Ashfield Malton.

Considered – A report of the Corporate Director – Health and Adult Services which provided an update on ongoing work to support the development of the care market and care services in the Malton area to meet the emerging and changing needs of the locality.  An update was also provided on sustainability issues at Ashfield Malton Elderly Person’s Home impacting on the ability  of the service to support the care and support needs of the local community.  In light of this approval was sought to re-configure Council-run care homes in Malton and Pickering whilst further developments were progressed.

Six written representations were received and were circulated to Members of the Executive in advance of the meeting.  The representations have been included at Minute 498 – Public Participation.

The Executive Member for Health and Adult Services, Councillor Michael Harrison, introduced the report reporting that the approach within North Yorkshire was to replace outdated elderly person’s homes with extra-care schemes, and usually it has been possible to have a replacement ready before the existing home was closed.  In the case of Ashfield Malton the ambition has been for an on-site replacement however this was not possible given the condition of the building.  Section 4.5 of the report detailed the impacts the proposed closure of Ashfield Malton would have on the 12 residents and 45 staff and the Executive Member confirmed these decisions were not taken lightly.

The Corporate Director Health and Adult Services advised that it was proposed that residential services in Malton and Pickering would be brought together and new homes would be offered to everyone currently resident in Malton and this would include undertaking individual assessments of people’s care needs.

Resolved (unanimously) – that:

i)                 That Executive notes the ongoing work to support the development of the care market and care services in the Malton area to meet the emerging and changing needs of the locality

ii)                That Executive approves the intention to re-configure the Council-run care homes in Malton and Pickering whilst further developments are progressed and to consolidate residential services at the 5 Whitby Road Pickering location and, once all Ashfield Malton residents have new homes, to close Ashfield Malton.

Recommendation

That the transfer of the site at undervalue to the DFE, or another nominated government department, is approved by the Executive on Terms to be agreed by the Corporate Director - Resources

Considered – A report of the Corporate Director Resources seeking approval of the transfer of part of the former Northallerton School and Sixth Form College to the Department for Education (DFE) in order to secure DFE investment in a new school to be developed to meet the needs of pupils with Special Educational Needs (SEN) within the County.

Members welcomed the proposals which would provide much needed SEN provision for the County.

Resolved (unanimously) – that:

The transfer of the site at undervalue to the DFE, or another nominated government department, is approved by the Executive on Terms to be agreed by the Corporate Director Resources.

Considered –

The Forward Plan for the period 8 July 2024 to 31 July 2025 was presented.

Resolved - that the Forward Plan be noted.