Agenda and minutes

Apologies were received from Richard Webb.

Resolved –

Thatthe public Minutesof themeeting heldon 28 November 2023,having been printedand circulated,betakenas readand confirmedby theChairmanas acorrect record.

There were no declarations of interest.

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 7 December, 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 relating to Agenda Item 6 – Delivery of the new settlement (Maltkiln) Development Plan, which the Chair agreed to consider as part of that agenda item.

There were two further public submissions.  The first a statement from Ms Rose Winship a second home owner in Filey, as follows:

‘Good morning Councillors, and thank you Chairman for allowing me to address you remotely to allow me to care for my father in Warwick.  I have asked to speak today to give you a personal insight into my position as a long standing second home owner in North Yorkshire. As we are all aware, throughout the last 18 months there has been much written and debated across the country, including in North Yorkshire, about the strain that second home ownership is putting on a range of communities. 

As a recently retired senior local government officer, I fully appreciate the challenges facing these communities, and understand the strong views held by some individuals on the subject. However I do think that the blanket approach to penalise all second home owners is somewhat of a blunt instrument and risks damaging the all-important sense of community which makes us value the places that we choose to call our “second home”.

I would like to share with you our family story and our connection with Filey.

The Winship’s have a long and strong association with the town. As one of the local “fishing families” the family have had a presence in the town for many years. My grandfather was born in the town and along with his numerous brothers, lived and worked in the town. Aged 19, an accident in the army left him having his right leg amputated and being invalided out of the army. He never let this disability get in the way of doing anything he wanted to and he joined with family members to manage a grocery shop on Belle Vue Street, and later buy and run a tobacconists in Murray Street.

My father was born and raised in Filey, and the family bought 1, The Avenue in August 1939 close to my great grandparents living opposite on Raincliffe Avenue. 

Post war, my grandfather and other locals founded Filey Sailing Club that has hosted many national championships and built a reputation for introducing many local people to the sport of sailing and raising the profile of Filey through the many visitors that come to sail there each year. My grandfather and father both served as Commodore at the club, and my father remains a member today.

I share the above history with you in the hope that you will realise the strength of connection that we have with Filey. The house continues to play a huge part in our family life; family and close friends use the house on a regular basis throughout the year and in recent years has hosted 85th and 90th birthday parties and been the base for 2  ...  view the full minutes text for item 358.

Recommendations:

It is recommended that the Executive:

i)               provides authority to enter into a Collaboration Agreement and Lease with the Defence Infrastructure Organisation to facilitate the delivery of the LUF Catterick Garrison Towns Centre Regeneration project on terms principally contained within this report; and

ii)              notes that as part of the Collaboration Agreement, the Council will take

responsibility for delivering any section 106 obligations associated with its

planning application in respect of the LUF project; and

iii)             delegates authority to the Corporate Director of Community Development in discussion with the Executive Member for Open to Business and Corporate Director of Resources to agree the final terms of a Collaboration Agreement and Lease with the Defence Infrastructure Organisation; and

iv)            notes that this delegation will include the final determination of the DIO’s match funding contributions by way of capital costs and land value as well as securing sufficient on-going maintenance costs for the completed LUF project from the DIO’s subsequent commercial and residential developments and comprised in Phase 2.

Considered – A report of the Corporate Director for Community Development seeking authority to enter into a Collaboration Agreement and Lease with the Defence Infrastructure Organisation on the terms principally contained within the report; and delegate agreement of the final terms of the collaboration agreement and lease, including the final determination of the Defence Infrastructure Organisation’s match funding contributions by way of capital costs and land value as well as securing sufficient on-going maintenance costs for the completed Levelling Up Fund (LUF) project from the Defence Infrastructure Organisation’s subsequent commercial and residential developments

Councillor Derek Bastiman introduced the report, confirming  He drew attention to the previous acceptance of the capital grant funding in May 2023, the meetings and discussions that had taken place to date, the terms of the Collaboration Agreement and Lease, and the ongoing procurement process to seek an operator for the Community and Enterprise facility, all as detailed in the report.

As a local Councillor, Councillor Carl Les welcomed the project and as there were no arising questions, it was

Resolved – That:

i.     A Collaboration Agreement and Lease be entered into with the Defence Infrastructure Organisation to facilitate the delivery of the LUF Catterick Garrison Towns Centre Regeneration project on the terms principally contained within the report; and

ii.    The Council would take responsibility for delivering any section 106 obligations associated with its planning application in respect of the LUF project; and

iii.    Authority be delegated to the Corporate Director of Community Development in discussion with the Executive Member for Open to Business and Corporate Director of Resources to agree the final terms of a Collaboration Agreement and Lease with the Defence Infrastructure Organisation; and

iv.   The delegation would include the final determination of the DIO’s match funding contributions by way of capital costs and land value as well as securing sufficient on-going maintenance costs for the completed LUF project from the DIO’s subsequent commercial and residential developments and comprised in Phase 2.

Recommendation:

i)               That the Executive Recommend to Full Council that a Compulsory Purchase Order is pursued as a mechanism to deliver a new settlement at Maltkiln if an agreement with landowners cannot be reached.

Considered – A report of the Corporate Director for Community Development providing an update on the New Settlement (Maltkiln) Development Plan Document (DPD) following the withdrawal of previously available land within the proposed boundary and seeking in principle approval to use of the Council’s Compulsory Purchase Powers to support the delivery of Maltkiln if an agreement cannot be reached with the owners of the land outlined. 

Councillor Derek Bastiman introduced the report and welcomed the public participants to the meeting and their submissions, as follows:

1. Clare Beckett – Chair of Whixley Parish Council

‘Whixley Parish Council (WPC) has been involved in the development of the Maltkiln proposals for many years, including participating in the Community Liaison Group. WPC has made a number of representations at different stages of the process including most recently providing detailed comments on the HBC DPD document in November 2022. Separately we have made representations on the developers planning application 19/00017EIAMAJ, most recently detailed comments on the Transport Assessment – WPC Document dated January 2023.

There are some very significant infrastructure requirements to deliver Maltkiln. HBC attempted to list and cost these in the DPD (Section 11 – Delivery and Phasing) but the information in this section was full of omissions, inconsistencies and errors (WPC comments on DPD Page 9).  The developer’s own highway advisor concluded that the A59 between the A1(M) and Maltkiln would need to be widened to a dual carriageway (Developer’s Transport Assessment Para 8.10 onwards) but that the developer would not be able to fund it. A widening scheme for the A59 is not included in the HBC list of infrastructure projects in the DPD.

The developer’s highway advisor made errors in their assessment of the capacity of the existing A59 (WPC Document January 2023) which means the dual carriageway scheme will be required much sooner in the build out of the development. Using the correct calculations A59 widening may also be required on the east side of Maltkiln.

A key element of the development is to provide a new bridge over the railway to replace the existing Cattal level crossing. Network Rail have full control over the provision of this bridge and WPC do not believe the costs and risks of this have ever been properly quantified.  Infrastructure requirements of this scale will require funding from the public sector. NYC have now concluded CPO and by implication public money is likely to required just to assemble the land required for the comprehensive development envisaged in HBC’s Local Plan.

There must be sufficient doubt over the availability of public funds of this scale to mean that NYC should question whether delivery of Maltkiln is a viable prospect and whether it’s a sensible use of public money to proceed with the DPD process.  WPC would like to ask the executive members whether they have been sufficiently briefed over the viability of the scheme, including the implications of recent cost rises, to have confidence that proceeding with the DPD is appropriate?

WPC would  ...  view the full minutes text for item 360.

Recommendations:

i)               That the Executive note the Joint Devolution Committee recommendations for funding under the DLUHC Devolution Deal Net Zero Fund for North Yorkshire Council

ii)              That the Executive delegate authority to the Corporate Director of Resources, in consultation with the Assistant Chief Executive (Legal and Democratic Services), to accept the DLUHC Devolution Deal Net Zero Fund subject to acceptable terms and conditions being received

Considered – A report of the Corporate Director for Environment updating the Executive on the Joint Devolution Committee recommendations for funding under the DLUHC Devolution Deal Net Zero Fund for North Yorkshire Council and seeking delegation of approval to the Corporate Director of Resources in consultation with the Assistant Chief Executive (Legal and Democratic Services) to accept the DLUHC Devolution Deal Net Zero Fund subject to acceptable terms and conditions being received.

Councillor Greg White introduced the report and provided an overview of the process undertaken to submit a bid for funding under the DLUHC Devolution Deal Net Zero Fund for North Yorkshire administered by York & North Yorkshire LEP.

He was pleased to report the success of a number of the bids, as detailed in the report, and as Members had no questions, it was

Resolved – That:

i.      The Joint Devolution Committee recommendations for funding under the DLUHC Devolution Deal Net Zero Fund for North Yorkshire Council be noted

ii.     Authority be delegated to the Corporate Director of Resources, in consultation with the Assistant Chief Executive (Legal and Democratic Services), to accept the DLUHC Devolution Deal Net Zero Fund subject to acceptable terms and conditions being received

Recommendation:

That the Executive approves acceptance of the grant from the Department for Education for Skills Bootcamps (Wave 5) 2024-25 based on the pending application for grant funding of £2,487,974.

Considered – A report of the Corporate Director for Community Development seeking the Executive approval to accept the grant from the Department for Education for Skills Bootcamps (Wave 5) 2024-25 of £2,487,974 (as proposed in the application).

Councillor Annabel Wilkinson introduced the report.  She noted the significant contribution the Bootcamps could make to the local economy, in addressing the local school’s needs for employers and in supporting the local labour market.  With that in mind she was pleased to propose the recommendation in the report be approved in principle ahead of the award of the funding later in the week.

Executive Members noted the exact figure was as yet unknown, and it was

Resolved – That the grant from the Department for Education for Skills Bootcamps (Wave 5) 2024-25 based on the pending application for grant funding of £2,487,974 be accepted in principle.

Considered – The Forward Plan for the period 27 November 2023 to 30 November 2024 was presented.

Resolved -   That the Forward Plan be noted.