Agenda and draft minutes

Gary Fielding, Corporate Director Resources

Richard Webb, Corporate Director Health and Adult Services

Councillor Malcolm Taylor declared an interest in Minute Item 699 Options for the Community Football Pitch at Scarborough Sports Village since he was a shareholder of Scarborough Athletic Football Club and a member of his family was a Director of the club.

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:-

It was noted that the reports relating to Minute item 699 - Options for the Community Football Pitch at Scarborough Sports Village, Minute item 700 - Housing Delivery, and Minute item 702 - Schools Condition Capital Programme 2025-26 each contained at least one exempt appendix. As the contents of the appendices were not discussed there was no requirement to exclude the public from the meeting during consideration of these items.

Members of the public may ask questions or make statements at this meeting if they have given notice to St John Harris , Principal Democratic Services Officer, and supplied the text by midday on Thursday 12 June, 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 no public questions or statements.

Recommendations

i)               that the Council commits to ensuring that the defects are remedied, and the pitch resurfaced during the 25/26 football season, with a view to play commencing by the start of the 2026 season at the latest.

ii)              that officers continue dialogue with the original contractors and agree a suitable remediation arrangement. That delegated authority be granted to the Director of Community Development, Director of Resources and the Assistant Chief Executive (Legal and Democratic) in consultation with the portfolio holder for Housing, Culture and Leisure, to agree a suitable remediation by the contractors.

iii)             that in the event that an agreement as ii above cannot be achieved in a timely manner that the Council undertakes the works to remedy the defects and resurface the pitch as set out in paragraph 4.2 above, with the pitch resurfacing undertaken by direct award to a contractor on the MGAC (Football Foundation) framework, up to a maximum  cost of £3.2million.

iv)             that all appropriate legal remedies are pursued in relation to the original defects.

v)              that the pitch be resurfaced with a FIFA Quality pro pitch surface to enable SAFC to continue to play in their current league.

Considered a report of the Corporate Director of Community Development which set out the current position and options in relation to the replacement of the Community Football Pitch at Scarborough Sports Village together with a preferred option to take forward.

The Executive Member for Culture, Arts and Housing, Councillor Simon Myers introduced the report noting the council’s support for the replacement of this valuable community asset in which serious defects had come to light earlier this year.  Although the council was involved in positive negotiations with the original contractor, and the appropriate legal remedies would be pursued in relation to the original defects, the council’s unequivocal support was reflected in the proposed backstop at recommendation (iii) to ensure the pitch was back in use for the start of the 2026/27 season.

Local division Councillors Rich Maw and Liz Colling then addressed the meeting.  Councillor Maw thanked the Executive for their support for the pitch replacement, for Scarborough Athletic Football Club and for Bridlington Town AFC and their ongoing works to achieve Grade 4. Councillor Maw then put a series of questions in regard to the adequacy of the preferred technical solution to ensure the long term stability and performance of the pitch, together with details of monitoring systems and contingency plans should ground instability continue.  In reply, the Assistant Director Culture and Leisure provided assurance that significant work including further site visits, investigations and expert specialist advice supported the preferred technical solution which was intended to resolve all the underlying issues and not be merely a temporary fix.  Councillor Colling, Chair of Scarborough and Whitby Area Committee then communicated the committee’s strong support for the recommendations in the report as reflected at their last meeting on 6 June, not only because of the economic value of the venue to the town, but also its social and community value. The committee had also expressed gratitude to Bridlington Town AFC for agreeing groundshare arrangements.  Although she remained concerned that the pitch had failed prematurely, Councillor Colling hoped the Executive would adopt the recommendations and wished the scheme success.

Members of the Executive then echoed these sentiments, commending the proposed approach, and noting that the Mayor of York and North Yorkshire had given his backing to the project too.

Resolved (unanimously)

       i.         that the Council commits to ensuring that the defects are remedied, and the pitch resurfaced during the 25/26 football season, with a view to play commencing by the start of the 2026 season at the latest.

     ii.         that officers continue dialogue with the original contractors and agree a suitable remediation arrangement. That delegated authority be granted to the Director of Community Development, Director of Resources and the Assistant Chief Executive (Legal and Democratic) in consultation with the portfolio holder for Housing, Culture and Leisure, to agree a suitable remediation by the contractors.

    iii.         that in the event that an agreement as ii above cannot be achieved in a timely manner that the Council undertakes the works to remedy the defects and  ...  view the full minutes text for item 699.

Recommendations

       i.         The Executive is asked to ratify the previous options appraisal and business case of the Joint Venture and approve the principle of creating a Joint Venture limited liability partnership between the Council and Lovell and for the purposes of constructing and accelerating the delivery of good quality and environmentally sustainable homes, with a focus on accelerating the provision of affordable housing and generating social Value.

     ii.         To approve entering into preferred bidder stage with Lovell to form a Housing Delivery Vehicle noting that the formal agreement to set up the Joint Venture will be subject to a further Executive approval.

    iii.         To approve to consult on/publish notice regarding the disposal of open space land pursuant to s.123(2A) of the Local Government Act 1972 and as set out in paragraph 6.1

Considered a report of the Corporate Director of Community Development which sought in principle approval to enter into a Limited Liability Partnership with Lovell Partnerships Limited (Lovell) to form a Housing Delivery Vehicle subject to satisfactory outcome of the preferred bidder stage to contribute to housing delivery growth and which will form the subject of a further Executive report.

The Executive Member for Culture, Arts and Housing, Councillor Simon Myers introduced the report, commending the proposed use of a Joint Venture Limited Liability Partnership with Lovell to help deliver the council’s ambitions for affordable, good quality homes which would generate social value.  Councillor Myers noted that the proposals in the report developed initial work undertaken by the former Scarborough Borough Council, whilst offering wider, longer term benefits based on a much larger geography and local authority.  The Housing Delivery Vehicle was one of a raft of mechanisms which could be used to help meet the council’s housing targets.  It was not without risk, and would require careful monitoring, but offered several key benefits including the council retaining control of the housing to be developed and a 50/50 profit share with the developer.

Local division Councillors Derek Bastiman and Liz Colling then addressed the meeting.  Councillor Bastiman expressed concern that some potential development sites may struggle to attract sufficient value to be viable, requested that the Joint Venture work with the Construction Skills Village in Eastfield in its upskilling and training agenda, and queried if through the Housing Delivery Vehicle there could be provision for the council to buy back homes which had been sold off through Right to Buy.  In reply, Councillor Bastiman’s suggestion of involving the local Construction Skills Village was welcomed in principle provided educational requirements could be met through the proposed apprenticeships.  In respect of land values, decisions on individual sites would come at a later stage based on detailed land appraisals.  In respect of the rules on Right to Buy for Section 106 and HRA properties, this complex area including the council’s right to buy back was governed by national legislation with no local discretion.  In response to Councillor Colling’s query about how much local procurement and local supply chains would feature in the Housing Delivery Vehicle, she was advised that these areas would be monitored through appropriate key performance indicators submitted to the overview and scrutiny committee.

Resolved (unanimously) that the Executive

       i.         ratify the previous options appraisal and business case of the Joint Venture and approve the principle of creating a Joint Venture limited liability partnership between the Council and Lovell and for the purposes of constructing and accelerating the delivery of good quality and environmentally sustainable homes, with a focus on accelerating the provision of affordable housing and generating social Value.

     ii.         approve entering into preferred bidder stage with Lovell to form a Housing Delivery Vehicle noting that the formal agreement to set up the Joint Venture will be subject to a further Executive approval.

    iii.         approve to consult on/publish notice regarding the  ...  view the full minutes text for item 700.

Recommendation

It is recommended that the Executive receive the report with attention drawn to those areas where a ‘null’ return will be submitted and approve the submission of the information within to the Regulator for Social Housing (RSH) and the Housing Ombudsman as required.

Considered a report of the Corporate Director of Community Development in respect of the annual review of performance, complaint handling and service improvement of North Yorkshire Council’s landlord services.

The Executive Member for Culture, Arts and Housing, Councillor Simon Myers introduced the report noting that it represented an important milestone in the council’s journey as a stockholding local authority.  Although much work had been undertaken to bring the legacy services together, and notably to establish a consistent and clear baseline from which to take management decisions, there remained more to be done to fill the gaps in the data.  Councillor Myers was pleased to note however that the council was now gathering much more data and there was a much better culture of tenant involvement and communications.  The Executive Member paid tribute to the work of the Housing and Leisure Overview and Scrutiny Committee in assisting the council to drive up performance in this respect.  Former Chair of this committee, Councillor Malcolm Taylor responded by acknowledging the detailed scrutiny undertaken by the committee through task and finish groups on different aspects of council housing policy.

Resolved (unanimously) that the Executive receive the report with attention drawn to those areas where a ‘null’ return will be submitted and approve the submission of the information within to the Regulator for Social Housing (RSH) and the Housing Ombudsman as required.

Reasons for recommendations

This report details the end of year position for the landlord services as required under its regulatory requirements, as such the report and its associated appendices should be accepted as a true and accurate statement relating to the service and therefore should be published as required.

Recommendations

The Executive is recommended to:

       i.         Approve the proposed Schools Capital Programme for 2025-26 as summarised in Appendix A

     ii.         Approve the detailed Programme, including the Planned Capital Maintenance Programme, for 2025-26 as set out in Appendix B

    iii.         Agree the continuation of the approach for dealing with any schools that convert to Academy status following the approval of the Programme as laid out in paragraph 3.2

Considered a report of the Corporate Director Children and Young People’s Service in respect of the Schools Capital Programme 2025-26.

The Executive Member for Education, Learning and Skills, Councillor Annabel Wilkinson introduced the report outlining the various elements of the Schools Capital Programme 2025-26 and welcoming Government support for the programme through the School Condition Allocation, whilst adding that the funding was nowhere near enough.  The council would therefore continue to lobby the Government for increased funding since it was vital the council continued to invest in its schools.

Resolved (unanimously) that the Executive approve the proposed Schools Capital Programme for 2025-26 as summarised in Appendix A of the report.

Reasons for recommendations

The programme recommended in this report has been proposed in accordance with the DfE’s guidance for the use of the School Condition Allocation and has been designed to address priority condition, compliance and operational issues within the school estate.

The programme includes a specific provision to meet the costs associated with significant failures or compliance issues that arise during the course of the year, and a general contingency sum to meet additional unforeseen costs associated with the provisions and schemes identified within the overall programme.

Recommendations

       i.         That the Executive authorises the acceptance of funds from the YNY CA of up to a maximum of £5.5m to be used for Council projects and delivery of community and business programmes and grant funds.

     ii.         To allow delegated authority to agree and enter into any associated agreements including but not limited to a Service Level Agreement with the YNYCA to access and deliver these funds to the Corporate Director of Resources in consultation with the Assistant Chief Executive Legal and Democratic Services and the Executive Member for Open to Business.

Considered a report of the Corporate Director of Community Development which outlined proposals for the use and delivery of UK Shared Prosperity Fund (UKSPF) and Rural England Prosperity Funds (REPF) allocated to York and North Yorkshire in the 2025/26 financial year.

The Executive Member for Open to Business, Councillor Mark Crane introduced the report welcoming the funding allocation to the council by the YNY CA set out in the report.

Resolved (unanimously) that the Executive:

       i.         authorises the acceptance of funds from the YNY CA of up to a maximum of £5.5m to be used for Council projects and delivery of community and business programmes and grant funds.

     ii.         allows delegated authority to agree and enter into any associated agreements including but not limited to a Service Level Agreement with the YNYCA to access and deliver these funds to the Corporate Director of Resources in consultation with the Assistant Chief Executive Legal and Democratic Services and the Executive Member for Open to Business.

Reasons for recommendations

To support delivery of approximately £5.25m of funding for Council and community projects in North Yorkshire and York.

Recommendation

It is recommended that the Executive note the double devolution proposal for the transfer of the Market Place Public Conveniences at Malton together with the one-off grant of £57,000 to Malton Town Council to support the Town Council’s ongoing operation of those facilities and, subject to an in principle decision from the Corporate Director of Resources and negotiation of suitable heads of terms for the asset transfer and subsidy control compliance, to agree in principle to the transfer and grant of the facilities to the Town Council and to authorise the closure of the Wentworth Street public toilets upon successful transfer of the site at Market Place.

Considered a report of the Assistant Chief Executive Local Engagement which sought approval in principle of the transfer to Malton Town Council of the Market Place Public Conveniences Malton under double devolution.

The Executive Member for Managing our Environment, Councillor Greg White presented the report commending its proposals to transfer this discretionary council service to a town council which would be in better position to deliver an improved service, in accordance with North Yorkshire Council’s locality ambitions.

Local division Councillor Lindsay Burr, and Mayor of Malton Town Council, also commended the report’s recommendations which had attracted unanimous support by Malton Town Council.

Other Executive Members echoed these sentiments and encouraged other local councils to come forward with similar proposals; there was a query however as to why the decision had to come back to the Executive for final approval, and why it could not be delegated to the relevant officer in consultation with the Executive Member.  Upon receiving advice from the Monitoring Officer, the motion was amended accordingly.

The Chair thanked Councillor Greg White, Executive Member for Managing our Environment, for his work at his last Executive meeting before stepping down from his portfolio.

Resolved (unanimously) that:

       i.         The Executive note the double devolution proposal for the transfer of the Market Place Public Conveniences at Malton together with the one-off grant of £57,000 to Malton Town Council to support the Town Council’s ongoing operation of those facilities and, subject to an in principle decision from the Corporate Director of Resources and negotiation of suitable heads of terms for the asset transfer and subsidy control compliance, to agree in principle to the transfer and grant of the facilities to the Town Council and to authorise the closure of the Wentworth Street public toilets upon successful transfer of the site at Market Place.

     ii.         The final decision on the double devolution proposal, once agreed in principle by the Executive, be delegated to the Corporate Director of Resources in consultation with the relevant Executive Member.

Reasons for recommendations

For the reasons set out in the body of this report and in the appendices, the recommendations set out below are proposed to the Executive.

Recommendations

i)               Approve the proposal to establish the North Yorkshire Health Collaborative Joint Committee of partners across the health and care system and enter into a Section 75 Agreement for a maximum of 3 years (1+1+1 years);

ii)              Delegate approval of any subsequent amendments to the draft Section 75 Agreement between HNY ICB and North Yorkshire Council to establish the NYHC Joint Committee to the Assistant Chief Executive (Legal and Democratic Services);

iii)             Delegate to the Chief Executive, in consultation with the Leader of the Council, the decision to extend the Section 75 Agreement between NYH ICB and North Yorkshire Council annually for a period of up to three years in total;

iv)             Note the ongoing commitment from across partner organisations to transform health and care in North Yorkshire through the joint “Ambitious for Health” work programme

Considered a report of the Corporate Director Health and Adult Services in respect of the proposal to enter a Section 75 Agreement to enable the North Yorkshire Health Collaborative (NYHC) Joint Committee to be established – a new approach to transforming health and care in North Yorkshire.

The Executive Member for Health and Adult Services, Councillor Michael Harrison introduced the report commending this significant step forward in joint working between North Yorkshire Council and the NHS to lead the delivery of the ‘Ambitious for Health’ programme, a new approach to transforming health and care in North Yorkshire.  The new Joint Committee would have an overview of aligned expenditure on health and care services of up to some £590m affording greater transparency and influence and providing unified leadership to address key health and social care issues in North Yorkshire through a single work programme.

Councillor Peter Lacey addressed the meeting voicing his support for this important initiative whilst noting that another of the shifts which featured in the forthcoming national 10 year plan for health at a local level, was from analogue to digital.  Although this shift was not mentioned in the report, he encouraged the Corporate Director to fully embrace it and looked forward to future updates to the Scrutiny of Health Committee.

Resolved (unanimously) that the Executive:

i)               Approve the proposal to establish the North Yorkshire Health Collaborative Joint Committee of partners across the health and care system and enter into a Section 75 Agreement for a maximum of 3 years (1+1+1 years);

ii)              Delegate approval of any subsequent amendments to the draft Section 75 Agreement between HNY ICB and North Yorkshire Council to establish the NYHC Joint Committee to the Assistant Chief Executive (Legal and Democratic Services);

iii)             Delegate to the Chief Executive, in consultation with the Leader of the Council, the decision to extend the Section 75 Agreement between NYH ICB and North Yorkshire Council annually for a period of up to three years in total;

iv)             Note the ongoing commitment from across partner organisations to transform health and care in North Yorkshire through the joint “Ambitious for Health” work programme

Reasons for recommendations

By formalising integrated working, North Yorkshire Council and HNY ICB are putting in place the governance mechanisms that will enable joint work to transform local services to deliver significant elements of the forthcoming 10-year plan for health, including the signalled shifts from acute to community services, from sickness to prevention and from analogue to digital.

The creation of the North Yorkshire Health Collaborative Joint Committee supported by the Section 75 Agreement is an enabler to accelerate delivery of local shared objectives around integration and prevention in support of our ambition for people in North Yorkshire to live longer, healthier and independent lives.

Recommendation

That the Executive appoints Councillor Roberta Swiers to the following outside bodies:

·       Vale of Pickering Internal Drainage Board

·       North Yorkshire Moors National Park Local Access Forum.

Considered a report of the Assistant Chief Executive Legal and Democratic Services in relation to changes to appointments to outside bodies. In addition to the recommendations in the report, the Chair proposed that Councillor Greg White replace Councillor Andrew Lee on the Yorwaste Board.

Resolved that the Executive appoints:

       i.         Councillor Roberta Swiers to the Vale of Pickering Internal Drainage Board;

     ii.         Councillor Roberta Swiers to the North Yorkshire Moors National Park Local Access Forum; and

    iii.         Councillor Greg White to the Yorwaste Board.

Considered the Forward Plan for the period 6 June 2025 to 30 June 2026.

Resolved that the Forward Plan be noted.