Agenda and minutes

No apologies for absence were given.  Councillor Gareth Dadd attended the meeting via TEAMs and was therefore unable to formally vote on any of the agenda items.                                                                                                                                                                                                                                                                                                             

Resolved –

Thatthe public Minutesof themeeting heldon 2 May 2023 and 9 May 2023,having been printedand circulated,betakenas readand confirmedby theChairmanas acorrect record.

Inregard to Agendaitem6, CountyCouncillorMichaelHarrisondeclared a disclosable interest,as an employeeofone ofthe organisationslisted in Treasury Management AppendixA,Heconfirmedhe had adispensation fromthe StandardsCommittee enabling himto remainin the meetingand vote.

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 agenda item 12.

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 Wednesday 24 May 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 was one public statement received from Mr Guy Critchlow, Chair of Skelton cum Newby Parish Council, in relation to Agenda item 8.  The Chair agreed to hear Mr Crozier’s statement as part of that agenda item.

A number of non-executive Members also indicated they wished to speak at the meeting and the Chair again agreed to hear from them as part of the Executive’s consideration of the relevant agenda items.

Recommendations - That the Executive:

i.       notes that the information in the Q4 Performance Report is used as a performance baseline or starting point for the new council

ii.      notes that reporting from Quarter One 2023/24 onwards will provide updates on progress from this baseline; reporting by service area with key performance indicator data being used to demonstrate progress against the objectives set in the Council Plan 2023-27.

iii.     notes the draft outturn position for the eight former Council’s that now make up the new North Yorkshire Council against the 2022/23 Revenue Budget, as summarised in paragraph 2.2.1.

iv.     notes the position on the GWB (paragraph 2.5.1)

v.      notes the draft outturn position for the Housing Revenue Account (paragraph 2.3.1)

vi.     notes the latest position regarding the Local Government Review transition fund (paragraphs 2.6.1 - 2.6.2)

vii.    gives delegated authority to Corporate Director of Resources in consultation with the Executive Member for Finance to review and implement any arrangements of a one-off nature in line with the requests as set out in Appendices H-O (e.g. requests for carry-forward).

viii.   notes the performance of the Treasury Management operation during 2022/23 and the outturn position on Prudential Indicators for North Yorkshire County Council and the District Councils.

ix.     notes the roll forward adjustments to the Capital Programme detailed at 6.3 be approved.

Considered:  A joint report of the Chief Executive and Corporate Director - Strategic Resources, bringing togetherkey aspects of the CountyCouncil’s performanceon aquarterlybasis.

CountyCouncillorCarlLesintroducedtheQuarter 4performancemonitoringandbudget report,confirmingitcovered aspects of performance from all eight of the former councils in North Yorkshire, and therefore provided a baseline for the future.  The report provided an overview on all of the ambitions of the County Council but with a key focus on the council plan ambition for Innovative and forward-thinking council and a review of Public Health.

County CouncillorDavidChance provided a summary of the Executive performancereport which provided an overview of the three months leading up to vesting day for the eight councils.  He noted there had previously been no agreed method for recording and presenting key performance indicators (PIs) across all the councils.  The few minor discrepancies on how various PIs had been reported would be addressed through the introduction of a comprehensive reporting structure for future performance updates.

He went on provide a brief overview of performance across his own portfolio area which included:

·            The investment in North Yorkshire Local Assistance Fund (£1.4m), with 60% spent on standard items and 40% on emergency food and energy vouchers;

·            The conclusion of the third phase of the DWP Household Support Fund, with a total of 45,236 households receiving support;

·            The number of Ukrainian guests currently resident in North Yorkshire through the Homes for Ukraine Sponsorship Scheme was 733, with an additional 544 having moved to alternative accommodation;

·            A rise in the number of social media followers evidencing the effectiveness and relevance of the Council’s online content;

He also highlighted the challenges facing all the councils around harmonising the services of the former councils into one unified service, and the increasing demand for people services.

Simon Moss, acting Head of Strategy & Performance confirmed that despite the challenges, performance remained good across a wide range of performance indicators.  He drew specific attention to:

·            The highest number of referrals received by Children Services in a single quarter for at least seven years, despite which the number of re-referrals is lower or better than the national average;  ...  view the full minutes text for item 245.

Recommendations:

That the Executive accept the report and:

i.       Agree the Terms of Reference as detailed in section 5 of the report.

ii.      Agree the proposals for the proposed initial governance model to be that of an informal partnership as detailed in section 7.5 of the report.

iii.     Consider re-badging this programme as Community Partnerships or Local Action Partnerships.

iv.     Approve Option 2 – Phased Implementation - as detailed in section 9.4 of the report.

v.      Agree the 5 pilots as proposed in section 10.2 of the report.

vi.     Agree that the decision to initiate community partnerships in new areas is taken by the Executive Member for Corporate Services in conjunction with the Assistant Chief Executive for Local Engagement

Considered – a report of the Assistant Chief Executive Local Engagement providing an overview of the work undertaken to date in support of the ambition to develop local partnership working through the establishment of local community networks or partnerships and seeking approval for some draft terms of reference and a phased implementation approach with a limited number of pilots.

Councillor David Chance introduced the report and provided an overview of the preparatory work undertaken over the last 12 months, led by the LGR Localities Workstream.  He noted that whilst there was broad support for the initiative, a number of challenges had been identified, which had led to a proposal to undertake a phased implementation approach through five Community partnership pilots initially, operated as a rolling programme. 

Executive Members noted the proposed implementation plan for the first five local multi-agency partnerships, and Marie-Ann Jackson, Head of the Stronger Communities Programme confirmed each partnership would be slightly different based on the individual requirements of the areas they covered, which would enable the testing of the various models.  The proposed approach would also be helpful in regard to making the most of the limited staff resources available in the short term.

Councillor Derek Bastiman expressed disappointment that the coast was not covered by one of the pilots, and Executive Members agreed that local member commitment would be a key factor in the success of the pilots and that the ideal route for feeding back on the pilots, and making local Members aware of the opportunity, would be through the Area Constituency Committees.

Having noted the risks, the report was accepted, and it was

Resolved – That:

i.       The Terms of Reference as detailed in section 5 of the report be agreed.

ii.      The proposals for the proposed initial governance model to be that of an informal partnership as detailed in section 7.5 of the report, be agreed.

iii.     The programme be re-badged as Community Partnerships

iv.     Option 2 – Phased Implementation – be approved, as detailed in section 9.4 of the report.

v.      The 5 pilots be agreed as proposed in section 10.2 of the report.

vi.     The decision to initiate community partnerships in new areas be taken by the Executive Member for Corporate Services in conjunction with the Assistant Chief Executive for Local Engagement.

Recommendation – That the Executive resolves that:

i.    the issues listed in section 9 of the report have been satisfied and there can be a determination of the proposals.

ii.   That the following proposals be determined:

a)  To cease to maintain Skelton Newby Hall CE VC Primary School with effect from 31 August 2023.

b) To extend the catchment area of Kirby Hill CE VC Primary School with effect from 1 September 2023 to include the area currently served by Skelton Newby Hall CE VC Primary School.

Considered – a report of the Corporate Director for Children & Young People’s Service seeking determination of the proposal to cease to maintain Skelton Newby Hall Church of England, Voluntary Controlled Primary School with effect from 31 August 2023, together with the future arrangements for the School’s current catchment area.

Councillor Annabel Wilkinson introduced the report and provided a brief background to the issues affecting the school that had resulted in the proposal to close the school.

It was noted that a public submission had been received from Mr Guy Critchlow, Chair of Skelton cum Newby Parish Council, as follows:

“Thank you again for the opportunity to share a statement from the community of Skelton on Ure.

I would like to remind us of the start point when considering the closure of a rural school as per the Government guidance issued in January this year. The Government “expects all decision makers to adopt a presumption against the closure of rural schools … the case for closure should be strong and clearly in the best interests of educational provision in the area.”

I want to address North Yorkshire Council’s two key justifications for closing our school.

Pupil Capacity - Whilst the national picture is for a declining number of primary school pupils over the next five years, decisions must be based on the local picture. Within five miles of our school there are 800 new houses under construction which are targeting young families, with planning permissions in place for more. Boroughbridge Community Primary School is at capacity, noted by the Chair of Governors in his submission to the consultation. Roecliffe Primary School is close to capacity and over-subscribed in the early years, and Kirby Hill Primary School already exceeds the Council’s projection for 2025. On this basis alone, we would argue that the Government test for closure of a rural school is not met.

Lack of pupils in Skelton – The Council also argues there are no pupils at Skelton Newby Hall. Context is important here. This is not a natural state of affairs. The reason there are currently no pupils at the school is the combined result of the failure of the federation as well as a managed wind down. Despite what is stated in the Council documents, our school has not been marketed to the local area, there has been no effort to understand the success & failure of attracting & retaining pupils, a performance leading to a downgraded Ofsted rating of ‘Requires Improvement’, all of which lie at the heart of the school’s current situation.

As a Parish Council we have a duty to not only stand up for our local community but also speak out when we see decisions being made on false pretences. We have presented to you separately our material concerns about the capacity of the governing body to be in a competent and informed position to make the decision which has started this consultation process. The lack of understanding and attention to Skelton’s position, the  ...  view the full minutes text for item 247.

Recommendations - That the Executive:

i.    agrees to accept the DLUCH grant funding award of £19,008,679m.

ii.   delegates to the Corporate Director of Community Development in discussion with the Corporate Director of Resources to accept the offer of £19,008,679m of capital grant funding from the Department of Levelling Up, Housing and Communities in respect of the Catterick Garrison Town Centre Regeneration Project.

iii.  delegates authority to Corporate Director of Community Development to authorise acceptance of any minor changes to the grant conditions in discussion with the Executive Member for Open to Business and the Corporate Director for Resources

Considered – A report of the Corporate Director for Community Development seeking acceptance of the Levelling Up Fund grant from the Department for Levelling Up, Housing and Communities for the Catterick Garrison Town Centre Regeneration Project; and the delegation of authority to accept the offer of £19,008,679 of capital grant funding from the Department of Levelling Up, Housing and Communities, and authorise acceptance of any minor changes to the grant conditions in discussion with the Executive Member for Open to Business and the Corporate Director of Resources.

Councillor Derek Bastiman introduced the report which provided a progress update on the project and provided an overview of proposed funding arrangements.

Barry Khan reiterated that the offer towards the regeneration of Catterick Garrison Town Centre

Was for just over £19 million.

Councillor Kevin Foster welcomed the funding support and Councillor Les acknowledged it was an exciting development for the garrison centre.

Councillor Gareth Dadd also added his support and suggested the Executive Member for Finance should be included in the discussion detailed in Recommendations (ii) & (iii).

Resolved – That:

i.       The DLUHC grant funding award of £19,008,679 be accepted.

ii.      It be delegated to the Corporate Director of Community Development in discussion with the Executive Member for Finance and the Corporate Director of Resources to accept the offer of £19,008,679 of capital grant funding from the Department of Levelling Up, Housing and Communities in respect of the Catterick Garrison Town Centre Regeneration Project.

iii.     Authority be delegated to the Corporate Director of Community Development to authorise acceptance of any minor changes to the grant conditions in discussion with the Executive Member for Open to Business, the Executive Member for Finance and the Corporate Director for Resources

Recommendations – That the Executive approve:

i.       the making of the proposed Harrogate TCF Traffic Regulation Order(s) (TRO’S) detailed in Section 11 and Appendix C of the report which would be required for the Harrogate Station Gateway Project, and to delegate to the Corporate Director of Environment in consultation with the Executive Member for Highways and Transportation the making of the Orders with an amendment adjacent to Bower House to avail loading opportunities for adjacent businesses, and reduce the proposed bus lane entry taper by two car lengths and any other amendments to the TRO’s which are appropriate.

ii.      the Full Business Case being prepared and submitted to the West Yorkshire Combined Authority (WYCA) with the approval of the detail of the Full Business Case for submission to WYCA delegated to the Corporate Director of Environment in consultation with the Corporate Director Resources and Executive Member for Highways and Transportation.

iii.     In the event that the Full Business is approved by WYCA to delegate the acceptance of the TCF funding to the Corporate Director Resources in consultation with the Assistant Chief Executive Legal and Democratic Services and the Executive Member for Highways and Transportation, subject to acceptable terms and conditions being received and for the Harrogate Station Gateway Scheme to be implemented.

Considered – a report of the Corporate Director for Environmentseeking approval for:

i.       the proposed Harrogate TCF Traffic Regulation Order(s) (TRO’S) required for the Harrogate Station Gateway Project, and delegation to the Corporate Director of Environment in consultation with the Corporate Director Resources and Executive Member for Highways and Transportation to make the TRO’s together with any amendments required.

ii.      The preparation and submission of a Full Business Case to the West Yorkshire Combined Authority, and in the event that the funding is approved delegation to the Corporate Director Resources in consultation with the Assistant Chief Executive Legal and Democratic and the Executive Member for Highways and Transportation to accept the funding subject to suitable terms and to then proceed with implementation of the Harrogate Transforming Cities Fund project.

iii.     Delegating approval of the detail of the Full Business Cases for submission to WYCA to the Corporate Director of Environment in consultation with the Corporate Director Resources and Executive Member for Highways and Transportation.

Councillor Keane Duncan introduced the report and drew attention to the significant public consultations that had taken place and the petition against the scheme that had recently been received containing 2000+ signatures - it was noted that not all of the petitioners were local to the area and the true number had yet to be confirmed.  He also acknowledged the significant engagement of local Councillors through the involvement of the Harrogate & Knaresborough Area Constituency Committee (ACC) whose recent meeting had represented a major step forward for the new Council’s localism agenda and had led to cross party support for the scheme from local councillors.  Noting the importance of securing the major investment and the transformative impact the project could have, he drew attention to section 12 of the report which contained feedback on all of the suggestions put forward at the ACC meeting and confirmed that should the full business case be accepted, it would represent a major step forward for the scheme enabling it to stay of track, and for work to start in late 2023.

A number of non-executive Members requested to speak on the agenda item.  Councillor Pat Marsh, Chair of the Harrogate & Knaresborough ACC stated:

“I'm here today to say to you do not go forward with this scheme. This scheme starts nowhere, goes nowhere, doesn't deliver for cyclists, has a massive impact on our town centre, has a massive impact on air quality as you push the traffic down to one lane which causes idling traffic going up through the town centre and I'll remind you that idling traffic can produce up to twice as many exhaust emissions as engines in motion.  These emissions include carbon monoxide and nitrogen dioxide which have an impact on the air we breathe, and that's what will happen to those pedestrians, cyclists and those who live along this route. 

The scheme does not deliver what you want to do which is to encourage people to use alternative forms of travel.  If you're starting  ...  view the full minutes text for item 249.

Considered – The Forward Plan for the period 15 May 2023 to 31 May 2024 was presented.

Resolved -   That the Forward Plan be noted.

Recommendations - That:

i)     Approval be given to dispose of Residential Development Land at Airedale Avenue Skipton BD232LL, as outlined in the Title Plan shown at Appendix A to this report

ii)    The terms of the disposal be in accordance with the recommendation set out within Section 3 of confidential Appendix B.

iii.  Subject to a favourable business case and appropriate updates to the Section 106 Agreement, authority to transfer the affordable housing units associated to the Housing Revenue Account be delegated to the Corporate Director, Community Development in consultation with the Corporate Director, Resources and Assistant Chief Executive, Legal and Democratic Services.  

Considered – A report seeking approval to progress with the sale of the Residential Development Land at Airedale Avenue, Skipton, BD232LL.

Gary Feilding - Corporate Director for Resources introduced the report and confirmed that a review of all assets of the previous Councils was underway and it was expected that further opportunities would become known.  However a decision regarding the sale of the Residential Development Land at Airedale Avenue could not wait for that work to be completed.

Having considered all of the information provided, it was

Resolved – That:

i)       Residential development land at Airedale Avenue Skipton BD232LL be disposed of, as outlined in the Title Plan shown at Appendix A to the report

ii)      The terms of the disposal be in accordance with the recommendation set out within Section 3 of confidential Appendix B.

iii)    That subject to a favourable business case and appropriate updates to the Section 106 Agreement, authority to transfer the affordable housing units associated to the Housing Revenue Account be delegated to the Corporate Director, Community Development in consultation with the Corporate Director - Resources, Assistant Chief Executive, Legal and Democratic Services and the Executive Member for Finance.