Decisions

To consider requests for additions, deletions or other amendments to the winter gritting routes

Officer recommendations in relation to requests for amendments to the current winter gritting routes were approved.

To agree to the proposed North Yorkshire priorities to be included in the next Flood Risk Management Plan
To seek approval to commence work to review the North Yorkshire Flood Risk Strategy

The proposed measures for North Yorkshire, as below, to be included in the FRMP2:

1. Continue to work with the local communities, to increase their understanding and preparedness of flooding in North Yorkshire
2. Continue to use investigations of sources of flooding collaboratively to inform future capital and revenue programming in North Yorkshire
3. Continue to deliver targeted modelling studies in North Yorkshire
4. Enhance the flood forecasting system, using the latest evidence and modelling in North Yorkshire
5. Continue to identify opportunities to improve flood resilience in North Yorkshire
6. Work with communities, landowners and businesses to inform of the maintenance responsibilities relating to flood risk assets in North Yorkshire
7. Continue to update and refresh the North Yorkshire Flood Risk Strategy in North Yorkshire 8. Work in partnership with Risk Management Authorities (RMAs) and other organisations to explore flood risk improvement options that also have environment and socio economic benefits in North Yorkshire
9. Improve the understanding of catchment wide flood mechanisms and management opportunities in North Yorkshire

ii. the commencement of work to refresh the existing North Yorkshire Flood Risk Strategy

To seek approval for the procurement of Consultancy Services to support the LGR work.

That the Authority uses the Management Consultancy Framework Three (MCF3) via Crown Commercial Services (CCS) - Lot 3 - Complex & Transformation. To appoint up to 10 suppliers to provide consultancy support during the LGR process.

Please note that this decision was taken under special urgency and call in exemption procedures and is therefore not open to call in.

Approval to consult early years’ providers, mainstream schools and academies and special schools and academies within North Yorkshire on early years’, mainstream school and special school funding proposals for the 2022/23 financial year.

To approve consultations to be undertaken as follows:

a. With mainstream schools and academies within North Yorkshire on:
• The level of the Minimum Funding Guarantee (MFG) for 2022/23
• The methodology for the allocation to school budgets of any surplus funding available after the application of the National Funding Formula (NFF) factor values in the North Yorkshire school funding formula for 2022/23

b. With special schools and academies within North Yorkshire on:
• The level of the Special School Minimum Funding Guarantee (MFG) for 2022/23

c. With early years providers within North Yorkshire on:
• The early years provider base funding rates for 3 and 4 year olds (universal and extended entitlement) and disadvantaged 2 year olds for 2022/23

To accept the recommendation by County Councillor Helen Swiers to award £2,900 of her Locality Budgets funding to fund the 242nd Anniversary Celebration Dinner, photographer, projector & screen with Filey Bay 1779 Research Group.

To accept the recommendation by County Councillor Matt Scott to award £3,788 of his Locality Budgets funding to provide the materials for the re-surfacing of the Woodfield Road Cinder Path Public Bridleway with NYCC Public Rights of Way.

To accept the recommendation by County Councillor Patrick Mulligan to award £1,500 of his Locality Budgets funding to improve and create a more user friendly path to Arbour Top in Farnhill with Farnhill Parish Council.

To accept the recommendation by County Councillor John McCartney to award £300 of his Locality Budgets funding to purchase new kitchen equipment, cleaning materials and undertake minor repairs prior to restarting the popular luncheon club with St Peters Parochial Parish Council (Kirk Smeaton with Little Smeaton).

To accept the recommendation by County Councillor Don Mackay to award £1,800 of his Locality Budgets funding to purchase and install a new ramp for the skate park with Tadcaster & Rural CIC.

To accept the recommendation by County Councillor Stanley Lumley to award £1,000 of his Locality Budgets funding to purchase new manikins to deliver first aid training to young people and adults at the Scout Group and local schools with Upper Nidderdale Scout Group.

To accept the recommendation by County Councillor Karl Arthur to award £2,000 of his Locality Budgets funding to the purchase of screens, projector and speakers for Selby Globe Community Cinema.

The Chief Executive Officer considered the Q1 Budget Monitoring Report presented at the informal meeting of Executive Members held on 31 August 2021. Having taken account of the comments made by Executive Members and all relevant information provided at the meeting, he:
i. approved the creation of the Local Government Review transition fund (paragraphs 2.5.1 to 2.5.7)
ii. approved the amendments to the Approved Lending List
iii. referred the Q1 report to the Audit Committee for their consideration as part of the overall monitoring arrangements for Treasury Management.
iv. approved the refreshed Capital Plan summarised at paragraph 4.2.3 of the report
v. agreed that no action be taken at this stage to allocate any additional capital resources
vi. agreed to recommend to the County Council that it approve the revised Prudential Indicators for the period 2021/22 to 2023/24 as set out in Appendix A of the report

The Chief Executive Officer considered the report presented at the informal meeting of Executive Members held on 31 August 2021. Having taken account of the comments made by Executive Members and all relevant information provided at the meeting, he approved:
• the retention of Ashfield, Skipton and Silver Birches as locality hubs, and;
• the use of capital and transformation funding to allow for the necessary physical and operational changes to be made to both sites

The Chief Executive Officer considered the report presented at the informal meeting of Executive Members held on 31 August 2021. Having taken account of the comments made by Executive Members and all relevant information provided at the meeting, he approved:
i) The commencement of a public consultation on the use of a S75 to facilitate the joint commissioning of the delivery of Emotional Health and Wellbeing Services for Children and Young People between the Council and NYCCG;
ii) The draft Section 75 Agreement.
iii) That the consultation responses be presented to the Executive in January 2022, and subject to the outcome of the consultation, a final draft Section 75 agreement be brought back to Executive for approval.

Having considered the draft Minutes from the meeting of the Richmond Area Constituency Committee that was held on 9 June 2021, which had been printed and circulated, the Chief Executive Officer agreed that the Minutes be signed as a correct record.

By whom: Richard Flinton, Chief Executive Officer, under his emergency delegated powers and after consultation with the Richmond Area Constituency Committee.

Please note that usually a non-key executive decision by an officer is not open to call-in, however in a spirit of transparency such decisions by the Chief Executive Officer under his emergency delegated powers WILL be open to call in.

Members of the Richmond Area Constituency Committee agreed that a letter be sent to the Constituency MP, Rishi Sunak, and his representative, Malcolm Warne, outlining their concerns regarding the disruption to television, radio and communication services, particularly for elderly and vulnerable residents, following the fire at the Bilsdale Transmitter, their concerns in respect of the delays that have emerged in rectifying the situation and a call for compensation for those adversely affected. The Chief Executive Officer agreed that the letter be sent in accordance with the wishes of the Committee.

By whom: Richard Flinton, Chief Executive Officer, under his emergency delegated powers and after consultation with the Richmond Area Constituency Committee.

Please note that usually a non-key executive decision by an officer is not open to call-in, however in a spirit of transparency such decisions by the Chief Executive Officer under his emergency delegated powers WILL be open to call in.

Having considered the attached report, the Director of Public Health North Yorkshire in consultation with the Corporate Director –Strategic Resources and the Assistant Chief Executive (Legal & Democratic Services) resolved to approve the following:

To approve the direct award of £29,000 during 2021/22 to North Yorkshire Police.

To approve the direct award of non-recurrent funds to the value of £274,354 during 2021/22 to HumanKind (North Yorkshire Horizons)

Award the contract for Low Faggergill & Wood House Footbridge Replacement Works (Bridge No. 3839 & 3840) to HINKO Construction Ltd for £77,765.00. The works involve the replacement of Low Faggergill and Wood House Footbridge abutments. Collecting new bridge, transport to site and assembly.

Funding for these two bridges is the Area 1 Flood fund 2019/2020 which does not affect the normal Capital or Revenue funding of Footbridges.

To accept the recommendation by County Councillor Helen Swiers to award £2,200 of her Locality Budgets funding to purchase 2 outdoor table tennis tables for Filey Playing Fields Association and Friends.

To accept the recommendation by County Councillor Tony Randerson to award £1,280 of his Locality Budgets funding to purchase football kits, signing fees and training facilities for the new football teams at Eastfield Juniors Football Club.

To accept the recommendation by County Councillor Clive Pearson to award £2,000 of his Locality Budgets funding to provide the travel expenses for the 'Life Less Lonely' project for older residents in the Esk Valley with Revival North Yorkshire CIC.

To accept the recommendation by County Councillor Cliff Lunn to award £3,000 of his Locality Budgets funding to provide a pergola, clean up the area of weeds, lay a safe flooring and provide outdoor play equipment for Thorpe Willoughby Childcare Centre.

To accept the recommendation by County Councillor David Hugill to award £1,000 of his Locality Budgets funding to provide materials and labour for the footpath improvement works to the bank side to prevent soil slippage and improvements to the steps with Rudby Parish Council.

To accept the recommendation by County Councillor David Hugill to award £1,500 of his Locality Budgets funding to purchase and install new village signs and stone plinths for Great Busby.

To accept the recommendation by County Councillor Robert Heseltine to award £4,000 of his Locality Budgets funding towards the modernisation & upgrading of the toilet facilities at Moorview Community Social Club.

To accept the recommendation by County Councillor David Goode to award £500 of his Locality Budgets funding to purchase a defibrillator for Knaresborough Bowling Club.

Award of contract for Automated Highway Asset Survey Software and associated hardware. Contract period is 24 months from 1 April 2020 with a two-month optional extension period if required. .

The Chief Executive Officer considered the report presented at the informal meeting of Executive Members held on 24 August 2021. Having taken account of the comments made by Executive Members, he resolved for the reason set out below in this decision record to appoint County Councillor Andrew Lee to the West Yorkshire and Harrogate Integrated Care System Partnership Board.

Approval to authorise the Corporate Director – Strategic Resources to accept the offer of £207,683 of revenue funding from the new Capability Fund from the Department for Transport.


As this decision was dealt with under Rule 16 special urgency and call in exemption procedures, this is not open to call-in

• Approve schemes for inclusion within the Highways Capital Forward Programme

• Approve the funding for the following schemes for delivery in 2021/22
o Melmerby Green Lane, budget allocation of £60K this year for advanced patching works.

o Heck and Pollington Lane, budget allocation of £31k this year for advanced patching works.

o A1(M) Junction 47, budget allocation of £373K to fund additional works required in slip roads.

To approve the participation of NYCC in a project steering group for the proposed extension to the Nidderdale Greenway.

To authorise the establishment of a procurement framework for the provision of automated highway asset data collection and processing and to allow the call off of a contract from this framework

Authorisation for the establishment of a procurement framework for the provision of automated highway asset data collection and processing; and to call off a contract from this framework for the supply of automated highway asset data collection and processing in North Yorkshire

To accept the recommendation by County Councillor Karin Sedgwick to award £700 of her Locality Budgets funding to the hog roast for the Middleham Feast Day with Middleham Super Feast Committee.

To accept the recommendation by County Councillor Joe Plant to award £1,000 of his Locality Budgets funding to purchase plants and soil improver for the Sunken Garden on West Cliff to celebrate Queen Elizabeth's platinum jubilee with Whitby in Bloom.

To accept the recommendation by County Councillor Mel Hobson to award £1,200 of his Locality Budgets funding to fund one youth worker for the 2 1/2 hour sessions at the newly re furnished Rugby Club at Eversley Park.

To proceed with supporting bus operators in seeking further temporary DfT exemptions to enable the continued sale of spare seats during 2021/22 academic year and allow the sale of seats for those routes/buses which we are satisfied have an exemption in place

The Corporate Director – Business and Environmental Services approved that the
Authority should support confirmation of the Order in its submission to the Secretary of State (SoS).

To update and approve the existing Elective Home Education policy and procedures in line with the new Elective Home Education pathway.

The Chief Executive Officer considered the report presented at the informal meeting of Executive Members held on 24 August 2021. Having taken account of the comments made by Executive Members and all relevant information, he to approve the revised Elective Home Education policy and procedures, replacing those previously approved in 2016, in order to reflect the new pathway and statutory requirements.

To approve the extension of the insurance and claims handling contract for 18 months until after local government re-organisation.

The Authority extends the current contract for Insurance and Claims Handling from 1st October 2021 to 31st March 2023.

To accept grant funding in addition to the £3m Getting Building Fund grant funding already secured from the York and North Yorkshire Local Enterprise Partnership

Authorisation for the Corporate Director – Strategic Director to accept the £300k Getting Building Fund (GBF) from the York and North Yorkshire Local Enterprise Partnership. This is in addition to the £3m already authorised for the Digital Infrastructure Programme

To accept the recommendation by County Councillor Gillian Quinn to award £900 of her Locality Budgets funding to repair and replace the toddler swings in the playground with Gargrave Parish Council.

To accept the recommendation by County Councillor Stuart Parsons to award £1,800 of his Locality Budgets funding to purchase a defibrillator for Richmond with Heart of Richmond.

To accept the recommendation by County Councillor Patrick Mulligan to award £1,000 of his Locality Budgets funding to the creation of a pathway inside Peggy Wilson Playing Field with the Peggy Wilson Field Trust.

To accept the recommendation by County Councillor John McCartney to award £300 of his Locality Budgets funding to fund the internet connection for a year at Eggborough Methodist Hall.

To accept the recommendation by County Councillor Stuart Martin to award £500 of his Locality Budgets funding to purchase an event shelter for all weather activities with 2nd Ripon Methodist Brownies.

To accept the recommendation by County Councillor Paul Haslam to award £950 of his Locality Budgets funding to provide materials and labour for the Nidd Gorge Path repair from Tennyson Avenue to the Gorge with Bilton Conservation Group.

To accept the recommendation by County Councillor Bryn Griffiths to award £1,500 of his Locality Budgets funding to purchase and install new village signs and stone plinths for Great Busby.

To accept the recommendation by County Councillor Karl Arthur to award £2,000 of his Locality Budgets funding to fund the hiring of the room and also purchase of equipment for the sensory sessions at Selby Superbowl with Abbots Staith Heritage Trust CIC.

To accept the recommendation by County Councillor Val Arnold to award £1,000 of her Locality Budgets funding to fund the printing of the time table of the Moorsbus local bus service.

To accept the recommendation by County Councillor Stanley Lumley to award £300 of his Locality Budgets funding to purchase a new battery and pads for the defibrillator in Darley Village.

The opposed Diversion Order be referred to the Secretary of State (SoS) and that the Authority supports the confirmation of the Order within its submission to the SoS.

The Corporate Director – Business and Environmental Services approved that the Authority should support confirmation of the Order in its submission to the Secretary of State.

To agree the additional schemes for delivery in the 2021/22 financial year:

• Storiths Lane, Craven - substantial landslip occurred
in February 2021 causing road closure. Consultants
commissioned to develop detailed design

• York Road, Chain Lane, Harrogate - resurfacing of
road/Wetherby junction which is in poor condition.
These works were not fully incorporated into the
Section 278 developer funded works

• Horningington Bridge, Tadcaster - collapse of
parapets into the watercourse due to earlier flooding
event in early 2021. Funding is required to recover
and rebuild this section

• Canal Bridge, Selby - the Canal River Trust (CRT) is
refurbishing the bridge workings and NYCC is duty
bound to pay for the resurfacing when this work is
undertaken. Funding is to pay CRT to deliver this
work.

[As a non-key decision by an officer and the implementation of an earlier key decision made on 21 August 2020, the decision is not open to call in]

Award of contract for West Harrogate (NPIF) Scheme Phase 1 junction improvement and cycleway to PBS Construction Ltd.

To seek approval for the procurement for the Supply of Fresh Fruit and Vegetables, and Dairy Products including Cheese

The Corporate Director, Strategic Resources has approved the decision to undertake a further competition for the Supply of Fresh Fruit and Vegetables, and Dairy Products including Cheese. The further competition exercise will be conducted via the YPO Food DPS. The contract shall be for a period of 29 months, with the option to extend for a further period of 24 months.

To procure an Employee Assistance Programme (EAP) that provides confidential support services on demand and “in the moment” support, free of charge to the employees of all service users. The EAP will emphasise employee work performance as core to the service and be proactive in helping individuals with their issues, before they might develop into more complex situations, or mental health problems. 1.4. The contract is for a period of 2 years, with an option to extend for a further period of 1 year (2+1). The contract start date is 01 April 2022 with Health Assured the current provider and represents the third successive tendering of this contract awarded to them.

The Corporate Director – Business and Environmental Services authorised that the Authority would support confirmation of the Order in its submission to the Secretary of State requesting the modifications to be made to correct the content of the Order.

Approved the revocation of the existing Traffic Regulation Orders relating to Malham village and the introduction of a new Traffic Regulation Order in relation to the (Prohibition of Waiting and Loading and Provision of Parking) (District of Craven) (Various Roads Malham Village)(Amendment No 35) Order 2021 and as advertised and;
the Assistant Chief Executive (Legal and Democratic Services) be authorised to seal the relevant Traffic Regulation Order to give effect to the proposed

To award a construction contract for internal refurbishment works at Selby North Children’s Centre.

To accept the recommendation by County Councillor Robert Windass to award £500 of his Locality Budgets funding to supply and fit a defibrillator to the wall of the Fox & Hounds Public House with Langthorpe Parish Council.

To accept the recommendation by County Councillor Clive Pearson to award £1,000 of his Locality Budgets funding to purchase chairs for the upgrading of the cricket pavilion facilities at Goathland Cricket Club.

To accept the recommendation by County Councillor Clive Pearson to award £2,000 of his Locality Budgets funding to the hiring of the lighting and sound equipment for the professional theatre production of Shirley Valentine at the Esk Valley Theatre.

To accept the recommendation by County Councillor Yvonne Peacock to award £500 of her Locality Budgets funding to purchase replacement pads and batteries for the 4 defibrillators in the parish villages with Aysgarth and District Parish Council.

To accept the recommendation by County Councillor Richard Musgrave to award £750 of his Locality Budgets funding to supply and fit two new litter bins in the village of Bilbrough with Bilbrough Parish Council.

To seek permission to re-procure the delivery of a home from hospital service

To proceed with the re-procurement of the Home from Hospital Service.

To seek approval for the procurement of a new contract for the provision of the Adult Carer Service and Young Carers support and advice to commence 1 July 2022.

To approve an open procurement procedure combining the Adult Carers and Young Carers support service into one contractual mechanism.

To seek approval for the re-procurement of Advocacy services across North Yorkshire, including adult advocacy services and independent health complaints advocacy.

To proceed with the procurement process for the adult’s advocacy service as a joint procurement alongside NHS complaints and children’s advocacy.

Re: C8/2020/1338/CPO – Planning application for replacement and upgrade of local infrastructure to reduce impact from local sewage flooding. The application includes a fenced compound to enclose site, four weatherproof plant enclosures on raised concrete slabs, a vent stack, new access track from highway on land at Yorkshire Water Sewage Pumping Station, Main Street, Colton, Tadcaster. LS24 8EP on behalf of Yorkshire Water. (Selby District) (Escrick Electoral Division)
The Chief Executive Officer has taken all relevant information into account in exercising his emergency delegated powers in this matter include considering the views of the Planning and Regulatory Functions Committee held on 3rd August 2021 and agreed the following:
That the application be approved for the reasons stated below and in accordance with the conditions outlined in the report, subject to the following amendments:-
Para 7.9 under location
CORRECTION: Paragraph 82 should be Paragraph 83 and paragraph 178 should be removed.
Paragraph 7.25 under Flood risk last sentence
CORRECTION - Paragraph 184 should be Paragraph 174 and Paragraph 190 should be Paragraph 159
Paragraph 7.26 and Paragraph 7.27 under Soils and agricultural land use
CORRECTION – all reference to Paragraph 184 of the NPPF should be Paragraph 17
By whom: Richard Flinton, Chief Executive Officer, under emergency delegated powers and after consultation with the Planning and Regulatory Functions Committee.
PLEASE NOTE that as a non-executive function, this decision is not open to call in.

This matter contained exempt information of the description contained in Paragraph 1 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 Chief Executive Officer considered three appeals against the Authority’s decision not to provide home to school transport for three secondary school students and agreed that the appeals be NOT UPHELD (item 5) and UPHELD (item 6) for the reasons set out below in this decision record.
By whom: Richard Flinton, Chief Executive Officer, under emergency delegated powers and after consultation with the Members of the Appeals Committee (Home to School Transport)
PLEASE NOTE that as a non-executive function, these decisions are not open to call in.