Agenda and minutes

Apologies were received from Councillor Keane Duncan.  In addition it was noted that Councillor Michael Harrison was attending the meeting remotely and therefore would not be able to participate in the vote on recommendations.

Resolved –

Thatthe public Minutesof themeeting heldon 9 January 2024,having been printedand circulated,betakenas readand confirmedby theChairmanas acorrect record.

Councillor Michael Harrison declared a personal non-prejudicial interest in regard to Agenda item 5 - Revenue Budget 2024/25 & Medium Term Financial Strategy (MTFS) Report as an employee of an organisation named in the Treasury Management report. He confirmed the Standards Committee had given a dispensation for this, enabling him to participate in, and vote at the meeting.

Councillor Gareth Dadd declared a personal non-prejudicial interest in regard to Agenda item 6 – Second Homes Council Tax Premium, as the owner of a small number of holiday lets. He confirmed the Standards Committee had given a dispensation for this, enabling him to participate in, and vote at the meeting.

Councillor Greg White also declared a personal non-prejudicial interest in regard to Agenda item 6 – Second Homes Council Tax Premium, as his family owned a second home in Scarborough.

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 18 January 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.

A public question was received from Mrs Anne Seex in relation to Agenda item 13 – Allocations Scheme for Social Housing as follows:

“The Council and 3 Registered Social Landlords operate the Choice Based Lettings Partnership, and a number of other Registered Social Landlords are ‘encouraged’ to make lettings through the scheme. 

Section 166 A (1) of the Housing Act 1996 requires that “Every local housing authority in England must have a scheme (their “allocation scheme”) for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.  For this purpose ‘procedure’ includes all aspects of the allocation process, including the persons or descriptions of persons by whom decisions are taken.”

There are at least 21 points in the Allocations Policy before the Executive today at which it fails to comply with that requirement. I list them below.  They include very important decisions such as eligibility to go onto the Housing Register (2.2); whether a homeowner will be allowed onto the housing register (2.4), what ‘banding’ will be applied to an application (4.3); whether an applicant will be removed from the Register for not bidding; how applicants are ranked in priority order and whether a tie break will apply (5.4). 

There appears to be only 4 points at which descriptions of decision makers are given and these are extremely vague e.g. ‘senior housing officer’, ’allocations staff’. It is not even clear which organisation those staff are in. 

Will the Executive ensure that the information required by law is incorporated into the Allocations Policy? Paragraphs 2.2, 2.4, 2.6, 2.7, 2.8, 3.3, 3.6, 3.8.1, 3.9,3.10, 3.13, 3.14, 3.15, 3.18, 5.1, 5.4, 6.3, and Appendices 2 and 4.”

Councillor Simon Myers thanked Mrs Seex for her contribution and confirmed her comments had been taken on board and that the Scheme had been amended accordingly.  He noted that her particular concern regarding the persons making decisions when applying the policy, had been addressed in line with how other Council’s had dealt with it i.e.  through the insertion of the following paragraphs:

‘The terms “Senior Manager” and “Senior Housing Manager” and any other job titles are used in this policy for ease of reference only. The exact titles of the officers within the Council and our partner landlords will vary and may be subject to change from time to time. The Council and our partners will have designated officers responsible for the operation of the North Yorkshire Home Choice Scheme and Allocation Policy and details of these officers are available on request.

Furthermore, and unless it is specifically expressed, any decisions taken in the application of this policy will be made by such members of staff from the Council and our partners and will be subject to review by the applicant.’

Councillor Myers also acknowledged the detailed and helpful comments provided by Mrs Seex through the consultation exercise and confirmed a number of the suggestions for rewording had since been added to a revised version of the policy thereby providing greater clarity  ...  view the full minutes text for item 376.

Purpose of Report:

To seek approval for, and makes recommendations to the County Council regarding:

·          Revenue Budget 2024/25 & Medium Term Financial Strategy to 2026/27

·          North Yorkshire Council Capital Five Year Spending Plan

·          Treasury Management and Capital Strategy

·          Housing Revenue Account Budget 2024/25 & Medium Term Financial Plan

Considered – The joint report of the Chief Executive and the Corporate Director - Strategic Resources setting out the financial issues and risks for the new North Yorkshire Council and asking the Executive to make recommendations to the County Council regarding the Revenue Budget for 2024/25, the Council Tax for 2024/25 and the Medium Term Financial Strategy (MTFS) for 2025/26 to 2026/27.

County Councillor Gareth Dadd introduced the report and thanked the Corporate Director for Resources and his team for their work on the budget, and for the production of the detailed report and the set of options detailed therein.  He acknowledged the financial and operational challenges facing the Council and noted the intention to deliver a sustainable Plan that would deliver the administration’s moral case for the advancement of services that would protect and support the most vulnerable.  Finally he also confirmed the Government’s local government financial settlement had not yet been finalised and released and therefore the report had been produced with that in mind allowing for a £7.5m variance.

Gary Fielding, Corporate Director for Strategic Resources thanked officers for their work on the savings plan and other components of the Budget, and made the following key points:

·         Last year the Council approved an in year deficit of £30m in order to buy time and deliver a plan that would start to enjoy the benefits of unitarisation, to get a sustainable budget position.

·         The budget under consideration delivered that in the short term but in the longer term that was questionable given the financial pressures across the country and the number of councils facing Section 114 notices.

·         There were significant pressures in the system and there was still more work to be done

·         There were a number of areas under significant spending pressure e.g. SEND, Adult Social Care, Children’s Placements, and the supply change in general.

·         There were gross savings proposals of £23.7m in 2024/25 rising to £46.2m by 2026/27

·         £36m of savings had been generated through Local Government Reorganisation to date and some harder to deliver savings proposals had been identified for the next 12/24/36 months

·         There were two proposed investments – a one-off investment of £5m to aid the delivery of the new Local Plan, and an additional £1m for the Local Assistance Fund in recognition of ongoing cost of living pressures

·         A proposed increase in Council Tax in 2024/25 of 4.99% - the second year of Council Tax Harmonisation

He went on to draw specific attention to Equality implications shown at section 7 of the Revenue report and to his Section 25 statement set out a paragraph 8.11 of the Revenue report.

Councillor Carl Les reiterated the thanks to the Director of Resources and the Management Board and was pleased to note the Section 25 statement.

Councillor Bryn Griffiths noted the proposed 50% saving from the Locality Budget as detailed in Appendix B of the Revenue report suggesting it would have a marked adverse effect on local communities and their support groups etc.  He asked  ...  view the full minutes text for item 377.

Recommendations

The Executive is asked to recommend to full Council that implementation of the following be approved:

(a)   The application of the current premium of 100% for all dwellings which are unoccupied and substantially unfurnished (empty dwellings) from a period of one year with effect from 1st April 2024;

(b)   The application of a premium of 100% for all dwellings which are unoccupied but substantially furnished (second homes) with effect from 1st April 2025; and

(c)   That the Section 151 Officer is given delegated powers to implement the policy in line with the Council’s requirements and any guidance given by the Secretary of State or regulation

Considered – A report of the Corporate Director, Resources confirming the Council’s policy on the levying of empty homes and second homes council tax premiums.

Councillor Gareth Dadd introduced the report and noted the substantial number of second homes across the county.  He confirmed that other local Authorities were following our Council’s lead.  He also drew attention to the number of long term empty properties and the additional income that could be generated through implementation of the proposals.

Councillor Yvonne Peacock welcome the proposal recognising the significant number of second homes throughout the Dales and in response to her query around Government set exemptions, it was noted those exemptions had yet to be confirmed.

Other Councillors also welcomed the proposals.  In particular. Councillor Simon Myers hoped it would help to ease the pressure on housing waiting lists.  He also expressed interest in the government’s awaited changes to planning regulations recognising they too would benefit the county’s current position.

Councillor Eric Broadbent confirmed he had met with a number of second home owners who were unhappy with the proposals and expressed concern it may lead to an increase in Airbnbs.

Councillor Gareth Dadd reassured members that where similar proposals had been implemented in other areas of high density, it had only led to a 10% reduction in the number of second homes.  He also confirmed the income yield would be used to provide housing.   

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

(a)    The application of the current premium of 100% for all dwellings which are unoccupied and substantially unfurnished (empty dwellings) from a period of one year with effect from 1st April 2024;

(b)    The application of a premium of 100% for all dwellings which are unoccupied but substantially furnished (second homes) with effect from 1st April 2025; and

(c)     The Section 151 Officer be given delegated powers to implement the policy in line with the Council’s requirements and any guidance given by the Secretary of State or regulation

Recommendations

That the Executive

i)       Approves the draft Council Plan and recommends it to full Council for approval at its meeting on 21 February 2024, and

ii)      Recommends that full Council authorise the Chief Executive to make any necessary changes to the text, including reflecting decisions made by the Council on the budget and Medium Term Financial Strategy, and updated performance data and key performance indicators.

Considered – A report of Assistant Chief Executive- Local Engagement seeking the Executive’s agreement to submit the Council Plan 2024-2028 to the Council for adoption.

Councillor David Chance introduced the report confirming the Plan was a key component of the Council’s Policy framework.  He drew specific attention to the missing figures on page 252 of the published agenda and confirmed the report should have read ‘the Council will save between 42m - £67m in the next few years’.

Councillor Bryn Griffiths suggested that it would be helpful if the Plan listed a number of high level smart targets up front, and in response it was confirmed such targets would be set as part of the strategies and policies agreedt by the Council to deliver the Plan.

Executive members voted in favour of the recommendations, and it was

Resolved – That the following be recommended to full Council for approval at its meeting on 21 February 2024:

i)       The draft Council Plan as shown at Appendix A of the report

ii)      The Chief Executive be authorised to make any necessary changes to the text, including reflecting decisions made by the Council on the budget and Medium Term Financial Strategy, and updated performance data and key performance indicators.

Recommendations

The Executive is asked to:

i)       Note the content of the Director of Public Health Annual Report 2022-2023.

ii)      Consider the recommendations made within the report and how these relate to the whole local authority.

Considered – A report of the Director of Public Health introducing the Director of Public Health’s Annual Report 2022-2023: ‘In Our Words: a Child’s Life in North Yorkshire’

Councillor Michael Harrison introduced the report confirming it was the Council’s duty to annually publish an independent report written by the Director of Public Health.

Louise Wallace, Director of Public Health introduced the report which provided an update on the recommendations arising from the previous annual report and focussed on addressing the impact of the pandemic on children and young people across North Yorkshire.

She also drew attention to the two key themes that emerged from the initial work to develop the report i.e. the rapid onset of digitisation, and mental health and wellbeing, and the recommendations arising from the DPHAR 2021-22, ‘Learning from COVID-19’.  She went on to note her thanks to all those who had contributed to the report and highlighted the concerns, issues and opportunities it had identified.

Executive members acknowledged the work of the Public Health team and thanked the Director of Public Health and Dr Gill Kelly for an excellent and easy to read report. 

Cllr Janet Sanderson specific drew attention to the list of acknowledgments within the report recognising the team effort required to pull in such a broad representation through the ongoing partnership work across the county.  She also noted some of the disparities between the statistics across specific areas of the County which she suggested required further consideration.

Resolved – That the following be noted:

i)       The content of the Director of Public Health Annual Report 2022-2023.

ii)      The recommendations made within the report and how they related to the whole local authority.

Recommendation

The Executive is asked to recommend the proposed Admission Arrangements for 2025/2026 to full Council for approval on 21 February 2024 and include:

·         the proposed co-ordinated admission arrangements (appendix 1)

·         the proposed co- ordinated in year admission arrangements (appendix 1a)

·         the proposed admission policy for community and voluntary controlled schools (appendix 2)

·         the proposed admission policy for nursery schools, schools with nursery classes and pre-reception classes (appendix 3)

·         the proposed published admission numbers (PAN’s) for community and voluntary controlled schools as shown in appendices 6 (Primary) and 7 (Secondary)

·         Proposed changes to school catchment area – Thirsk School and Sixth Form College (appendix 8)

Considered – A report of the Corporate Director – Children and Young People’s Service seeking the Executive’s views on the response to the proposed admission arrangements for Community and Voluntary Controlled schools for the school year 2025/26 and seeking a recommendation to the Council for determination.

Councillor Annabel Wilkinson introduced the report and drew attention to the consultation responses and the issues around catchment areas in particular to the proposed changes to address the anomalies in the school catchment area for Thirsk School and Sixth Form College, as detailed in the report at paragraph 3.3.

Councillor Greg White suggested similar anomalies existed in other places across the county and queried whether the same principle was to be applied to all of them.  In response Andrew Dixon – Strategic Planning Manager confirmed they could also be considered it brought to the attention of officers.   

Executive members voted in favour of the recommendations, and it was

Resolved – That the proposed Admission Arrangements for 2025/2026 be recommended to full Council for approval on 21 February 2024, to include:

i.      the proposed co-ordinated admission arrangements (appendix 1)

ii.     the proposed co- ordinated in year admission arrangements (appendix 1a)

iii.    the proposed admission policy for community and voluntary controlled schools (appendix 2)

iv.   the proposed admission policy for nursery schools, schools with nursery classes and pre-reception classes (appendix 3)

v.     the proposed published admission numbers (PAN’s) for community and voluntary controlled schools as shown in appendices 6 (Primary) and 7 (Secondary)

vi.   Proposed changes to school catchment area – Thirsk School and Sixth Form College (appendix 8)

Recommendations

The Executive is asked to approve that:

 i)    Statutory proposals and notices be published on 1 February 2024 proposing to cease to maintain Fountains Earth, Lofthouse CE Endowed Primary School with effect from 31 March 2024.

ii)    The proposals include that from 1 April 2024 the parishes of Stonebeck Up, Stonebeck Down, Fountains Earth, Bewerley, and High and Low Bishopdale (the current catchment area of Fountains Earth Primary School) will become part of the catchment area for St Cuthbert’s CE Primary School, Pateley Bridge.

iii)   A final decision on these proposals be scheduled for the Executive meeting on 19 March 2024. 

Considered – A report by the Corporate Director – Children and Young People’s Service detailing the outcomes of the public consultation carried out by the Council on the proposal to close Fountains Earth, Lofthouse CE Endowed Primary School and asking the Executive to authorise the publication of proposals and statutory notices, and to schedule taking a final decision on the proposal on 19 March 2024.

Councillor Annabel Wilkinson introduced the report and provided an overview of the background to the proposal to close the school.  She also drew attention to the public consultation that had taken place and the responses received, as detailed in Appendix 7 of the report, and the proposed change to the catchment area of St Cuthbert’s CE Primary School, Pateley Bridge to serve the area currently served by Fountains Earth Primary School.

Councillor Andrew Murday suggested the closure of the school was in part due to the rural decline i.e. the lack of employment opportunities for rural communities and affordable housing for young families etc.  He also suggested there had been a complete loss of trust between the school’s governing body, teachers and the local community which had resulted in there being no pupils left within 12 months of the school receiving a good Ofsted report.

Executive members agreed these were fundamental issues affecting rural communities across the county which needed addressing through the Local Development Plan.

Having taken account of all the information provided, the Executive reluctantly agreed the reasons for the proposal to close the school as laid out in the report, were correct and that closure of the school would be in the best interest of the future education of pupils in the area.

With that in mind, they voted unanimously in favour of the recommendations, and it was

Resolved – That:

i)       Statutory proposals and notices be published on 1 February 2024 proposing to cease to maintain Fountains Earth, Lofthouse CE Endowed Primary School with effect from 31 March 2024.

ii)    The proposals include that from 1 April 2024 the parishes of Stonebeck Up, Stonebeck Down, Fountains Earth, Bewerley, High and Low Bishopdale (the current catchment area of Fountains Earth Primary School) will become part of the catchment area for St Cuthbert’s CE Primary School, Pateley Bridge.

iii)  A final decision on these proposals be scheduled for the Executive meeting on 19 March 2024. 

Recommendations

The Executive is asked to:

i.      Consider the feedback from the public consultation exercise on the Selective Licensing of private rented accommodation.

ii.     Approve the introduction of a Council led scheme for the Selective Licensing of Private Rented Accommodation in the area defined as ‘Scarborough Town’. This area incorporates parts of the Castle, Falsgrave and Stepney and Northstead divisions as shown on the map in Appendix C of the report.

iii.    Instruct officers to prepare and publish a Public Notice of Designation under sections 80 and 83 of the Housing Act 2004.

iv.   Approve the proposed fee structure along with recommended discounts and exemptions as set out at paragraph 11.4 of this report.

v.     Approve the policy for the Selective Licensing of Private Rented Accommodation, and undertake any amendmentsas highlighted within this report.

vi.   Instruct officers to explore the potential for a wider neighbourhood renewal focus to complement the scheme, which would consider the involvement of other key Council service areas

Considered – A report of the Corporate Director Community Development presenting the findings of the public consultation on the proposal to designate a scheme for the Selective Licensing of privately rented properties within parts of the Castle, Falsgrave and Stepney and Northstead divisions of Scarborough, and recommending the designation of the scheme based on those findings.

Councillor Simon Myers introduced the report which detailed a number of proposed changes to the existing policy for Selective Licensing arising from the consultation undertaken, and the proposed licence fees.  He also noted the motivating factors for bringing in such a Scheme i.e. poor property conditions, and high levels of deprivation, ASB, crime and migration, and the proposal to explore the options for the development of a wider Neighbourhood Renewal approach to complement the Selective Licensing scheme, and the study, which has been commissioned to assess the private rented sector across North Yorkshire and inform the Council’s future approach and actions to improve the sector. 

John Burroughs Housing Strategy & Development Officer drew to the consultation feedback detailed in Appendix A of the report and confirmed the Scheme would be cost neutral to the Local Authority, affordable to landlords and would have minimal impact of tenants.  He also noted there would be a range of discounts available for landlords to utilise. 

Councillor Rich Maw expressed concern those discounts would be arbitrary, but it was confirmed, there was the potential for landlords to benefit from a number of discounts, where applicable.

Councillor Derek Bastiman suggested the proposed Scheme would improve livings standards for tenants and deter a certain element of landlord, and Councillor Eric Broadbent welcomed the extension of the Scheme, recognising it would benefit private tenants in his division.

Executive members welcomed the proposed Scheme, and it was

Resolved – That:

i.      The feedback from the public consultation exercise on the Selective Licensing of private rented accommodation be noted.

ii.     A Council led scheme for the Selective Licensing of Private Rented Accommodation in the area defined as ‘Scarborough Town’ be introduced - to incorporate parts of the Castle, Falsgrave and Stepney and Northstead divisions as shown on the map in Appendix C of the report.

iii.    Officers prepare and publish a Public Notice of Designation under sections 80 and 83 of the Housing Act 2004.

iv.   The proposed fee structure, recommended discounts and exemptions as set out at paragraph 11.4 of the report be approved.

v.     The policy for the Selective Licensing of Private Rented Accommodation be approved, and the amendmentshighlighted within the report be undertaken.

vi.   Officers explore the potential for a wider neighbourhood renewal focus to complement the scheme, which would consider the involvement of other key Council service areas

Recommendation:

The Executive are asked to approve the introduction of a new Self-build and Custom Housebuilding Register for North Yorkshire with local connection eligibility criteria and an administration fee.

Considered – A report of the Corporate Director of Community Development seeking approval of a proposed criteria and fee for inclusion on Part 1 of the Self-build and Custom Housebuilding Register for North Yorkshire.

Councillor Simon Myers introduced the report and confirmed the Authority was developing its own Register in line with what the previous Districts and Boroughs had in place. 

Members noted the report, and it was

Resolved – That a new Self-build and Custom Housebuilding Register for North Yorkshire be introduced with local connection eligibility criteria and an administration fee.

Recommendations

The Executive is asked to:

i)     Note the contents of the report, the proposed Allocations Policy, consultation responses and the Equality Impact Assessment.

ii)    Approve the Allocations Policy, to become effective from no later than 1^st April 2025

iii)   Approve the contingency funding for additional staffing and communications budget totalling £10,000 from the HRA working balance. 

iv)  Delegate to the Assistant Director Housing authority the making of any minor amendments to the Allocations Policy as needed by changes to regulation or legislation

Considered – A report of the Corporate Director Community Development presenting a draft North Yorkshire Housing Allocations Policy for the Executive consideration along with the results of the public consultation on the draft policy undertaken between 4^th September and 17^th December 2023.

Councillor Simon Myers introduced the report and drew attention to some revisions to the recommendations within the published report.  He noted the revised recommendations had been circulated prior to the meeting for members consideration.  He went on to summarise the background to the current position across the County and the proposal to bring all areas under one Allocations Policy.

The Executive noted the report, the proposed Allocations Policy, consultation responses and the Equality Impact Assessment, and the comments made by Mrs Anne Seex earlier in the meeting.

In line with the revised recommendations it was

Resolved – That the following be recommended to full Council on 21 February 2024 for approval:

a)     The Allocations Policy - to become effective from no later than 1^st April 2025;

b)     Contingency funding totalling £10,000 from the HRA working balance for additional staffing and the communications budget;

c)      The Assistant Director for Housing Authority be delegated to make minor amendments to the Allocations Policy as needed by changes to regulation or legislation.

Considered –

The Forward Plan for the period 15 January 2024 to 31 January 2025 was presented.

Resolved -   That the Forward Plan be noted.