Full Council

1

Apologies for Absence

Apologies for absence were received from Councillors Bailey and Raper.

2

Public Question Time

One question had been submitted by Mr Hugh Spencer.  The question was

"Given the widespread concern expressed recently over the apparent lack of effective action to curb dog-fouling, would Councillors consider adopting more effective strategies such as those found in other authorities like York, where on the spot fines are exercised?

I feel that such a policy would give the dog warden stronger powers if supported by a concerted publicity campaign and would like to speak to Councillors in support of such a measure."

The Chairman thanked Mr Spencer for his question and replied that The Council employed one Dog Warden and Animal Welfare Officer who was responsible for a range of activities relating to dogs including dog fouling, dangerous dogs, stray and lost dogs, barking dogs, education and licensing issues.

The dog fouling situation in Ryedale had improved over recent years with far more people picking up after their dogs. The Council had installed dog bins and dispensers on areas of it's own land, provides free dog waste bags at all offices and had equipped the street cleaning operatives with the appropriate equipment to assist removal of dog faeces. Despite regular patrolling, signage and provision of bins there were still a hard core of irresponsible dog owners and areas of concern.

The Council had plans to work more closely with town and parish councils on a number of initiatives relating to litter and dog fouling, including identifying hot spots and reviewing the policy in relation to the issuing of fixed penalty tickets.

In addition to raising the media profile of dog fouling, the Council was planning a joint campaign with "Safer Ryedale" to provide subsidised dog waste bins and waste bag dispensers to town and parish Councils.

The Council was actively assessing how it can make the best use of its resources with a view to prioritising its action in relation to such matters. Street Cleaning zones and areas were being reviewed with a view to ensuring improved performance of services valued by the community.

3

Minutes

The minutes of the Ordinary Meeting of the Council held on 12 March 2009 (previously circulated) were presented.

Resolved

That the minutes of an Ordinary Meeting of the Council held on 12 March 2009 be confirmed and signed by the Chairman as a correct record.

4

Urgent Business

The Chairman reported that there were no items to be dealt with as a matter of urgency by virtue of Section 100(4)(b) of the Local Government Act 1972. 

5

Declarations of Interest

In accordance with the Members' Code of Conduct the following declarations of interest were received:

Councillor Andrews declared a personal non prejudicial interest on Agenda Item 10, Minute number 397 – Report of the Malton Town Centre Strategy and Accompanying Development Briefs, as he had attended meetings of the Revitalisation Group.  A letter had been circulated from Solicitors for the Fitzwilliam Estate, and Councillor Andrews indicated that he may declare a personal and prejudicial interest in this should the letter be discussed.

Councillor Mrs Wilford declared a personal non prejudicial interest in Item 10, Minute number 397 as she lived very close to the town centre and was the Chair of the Malton and Norton Area Partnership.

Councillor Mrs Burr declared a personal non prejudicial interest in Item 10, Minute Number 397 as she had a business in Malton.

Councillor Legard declared a personal non prejudicial interest in Item 10, Minute number 397 as he had business interests in Malton

Councillor Wainwright declared a personal and non prejudicial interest in item 12a as he was on the Howardian Hills AONB Management Board.

6

Announcements

The Chairman made the following announcements:

The Norton Wildlife Watch group had just won a Kid's Count Award. The group was a junior branch of the Yorkshire Wildlife Trust made up of around 20 youngsters aged 5 to 16. They met fortnightly  to discuss environmental issues and plan activities such as wildlife monitoring, litter picking in Malton and Norton and tree planting.  The award, which was presented at the House of Commons in Apri,l was for recognising a community group who by example, track record and commitment had signalled that responsibility lies within their own community to protect and foster the well-being and development of young people.

The Chairman proudly offered the Council's congratulations to the Group as her children were members of the group.

To deal with petitions or similar communications submitted by Members of the Public pursuant to Council procedure Rule 23.
No petitions or similar communications had been received.

To receive Questions submitted by Members Pursuant to Council procedure Rule 10.2 (Questions on Notice at Full Council)
Councillor Wainwright submitted the following question to the Chairman of the Community Services Committee:-

"Would the Chairman of the Community Services Committee please update Members on the work of that Committee"

The Chairman of the Community Services Committee responded that the year had opened with the adoption of the new 3 year Community Safety Partnership Plan which had identified 4 new strategic priorities for Ryedale:  Safer Roads, Domestic Violence: Alcohol reduction and Community Priorities.  The Committee had steered the work of the Community Leisure Working Party throughout the year, both reviewing the contract with CLL and monitoring the improvements in performance.  This would conclude with recommendations being made to the June meeting regarding the future provision of sport in Ryedale.

The Committee had agreed a range of housing initiatives over the year including a review of Disabled Facilities Grants, the Private Sector Renewal Strategy including a review of the whole range of housing grants.  The year had also seen the approval of a sub-regional homelessness strategy with Ryedale taking a leading role in the development of shared county wide homelessness targets and action plans.  This had already paid dividends with homelessness presentations reducing from 60 in 2007/08 to 45 in 2008/09.

The Committee had approved capital funding for energy efficiency improvements regarding  boiler replacement at the Ryedale Pool and Ryedale House and the vehicle maintenance programme.  Fifty percent of the HGV fleet was now equipped with the latest Euro 5 engine with add blue additive for enhanced efficiency and reduced emissions and all light vehicles ran on LPG. 

The Committee had endorsed a proposal to declare an Air Quality Management Zone in Malton in March, which was awaiting final approval by Defra and endorsed changes to the Environmental Policy.  The Committee had also had a change of name at the end of the year.  The services functions and licensing functions had been separated out and the Committee was known as simply Community Services now.

Councillor Wainwright submitted a question to the Chairman of the Overview and Scrutiny Committee

"Would the Chairman of the Overview and Scrutiny Committee please update Members on the work of that Committee?"

The Chairman of the Overview and Scrutiny Committee responded that the past year had been a busy one for the Overview and Scrutiny (O&S) Committee.  There had been a total of 15 meetings for the committee.  The subjects scrutinised included Complaints by Members of the public, Management of Ryedale Waste and Charges at Wentworth Street car park.  All these had now been fully debated and completed.  The wide-ranging review of Waste Management, in particular, had produced a fine report and the Chairman praised all who helped to compile it.

The current topic was a review of sickness procedures and the Chairman reported that the Committee would especially be looking at policy, last reviewed in 2004, the reason for sickness absence and the role of occupational health.  If time allowed, the Committee may also look at affordable housing in the autumn.

Members of the Committee had had some training in Risk Management which had been very helpful, and the Chairman looked forward to an interesting and challenging year ahead.

9

To receive a Verbal Statement from the Leader of the Council and to Receive Questions and Give Answers on that Statement

The Chairman of the Council called upon the Leader of the Council to make the first Leader's statement.

Councillor Knaggs said that the expenses scandal of MP's had shocked everyone and rubbed off on all elected representatives. Councillors were being told to do what we're doing, better, and to keep our costs down.  This highlighted the importance of performance management within the Council, and allowing officers to use their time in the best way. The most important resource the Council had was it's staff.  

Councillor Knaggs had been looking into some of the recent initiatives, and reported to Members that the initiative to reduce the time to pay local businesses had resulted in a reduction in time from 30 days to 18.  This significantly helped small businesses with cashflow.  However, less satisfactory was the Mortgage Rescue Scheme.  Councillor Knaggs reported that the difficulty was in the Government scheme, as within the whole of Great Britain, only 2 cases had been resolved to date, which made the work of Council Officers very difficult.  He reported that during that week, Ryedale District Council had made it's first referral to a social landlord.  More successful was the Business Grant Scheme, where he reported 131 enquiries had been received, resulting in 39 applications of which 31 had been agreed with a total value of £44,000.

In the next cycle of meetings Councillor Knaggs stated that Members would look at Community Leisure Ltd, CO2 audit and action plan, the tourism partnership, our annual report and the Value for Money Strategy, a Procurement Partnership, the Brambling Fields project and last, but not least, the Election on 4 June 2009.

10

To consider for Approval the Recommendations to Council in respect of the following Part 'B' Committee items

(a)     Community Services & Licensing Committee – 29 January 2009

There were no decisions to be referred to Council.                

(b)    Policy & Resources Committee – 12 March 2009

It was proposed by Councillor Wainwright that the six recommendations of Policy & Resources be moved separately.

Minute No. 392 Review of the Constitution – Councillor Call for Action

It was moved by Councillor Wainwright and seconded by Councillor Legard that Council adopts the recommendation from Policy & Resources Committee.

It was proposed by Councillor Clark and seconded by Councillor Woodward that the item be referred back to the Policy and Resources Committee for further consideration. 

Upon being put to the vote, the motion to refer back was lost.

After debate, an amendment was proposed and seconded which sought to  leave out the words "The Call for Action is deemed to be an action of last resort" in the protocol attached at Annex A to the report.

Upon being put to the vote , the amendment was carried.

Upon being put to the vote the motion was carried.  

Resolved

That the Councillor Call for Action as set out in Annex 1 to the report be adopted and operative from 21 May 2009, subject to the removal of the words "The Call for Action is deemed to be an action of last resort" from the protocol.

Minute number 393 Review of the Constitution – Substitutions for Policy Committees from Overview and Scrutiny Membership

It was moved by Councillor Wainwright and seconded by Councillor Legard that Council adopt the recommendation from the Policy and Resources Committee.

Upon being put to the vote the motion was carried.

Resolved

That the change to the Council's Constitution as set out in Annex A to the report be approved.

Minute No. 394 Review of the Constitution – Council Procedure Rules.

It was moved by Councillor Wainwright and seconded by Councillor Legard that Council adopts the recommendation from Policy & Resources Committee.

Upon being put to the vote the motion was carried.

Resolved

That the Changes to the Council's constitution as shown in Annex 2 to the report be approved with the change to paragraph 28.2 where the words after "substitution" on line 5 be removed.

Minute No. 395 Review of the Constitution – Overview and Scrutiny Committee – Community Services Committee Terms of Reference.

It was moved by Councillor Wainwright and seconded by Councillor Cowling that Council adopts the recommendation from Policy & Resources Committee. 

Upon being put to the vote the motion was carried.

Resolved

That the changes to the Council's constitution as shown in annex 1 to the report be approved.

Minute number 397 Report of the Malton Town Centre Strategy and Accompanying Development Briefs

It was moved by Councillor Wainwright and seconded by Councillor Cowling that Council adopted the recommendations from Policy & Resources Committee.

The Chairman reported that a letter had been received from Pinsent Masons, Solicitors to the Fitzwilliam (Malton) Estate which had been circulated to Members prior to the meeting.  It was moved by Councillor Legard and seconded that an adjournment be taken so that Members could have more time to read the letter.  Upon being put to the vote, the motion to adjourn was lost.

It was then moved by Councillor Cottam and seconded by Councillor Knaggs that an amendment to the recommendations be made by the addition of the following words to the end of the resolved portion of Minute number 397.

"For the purposes of clarity, the Council notes that the strategy will not be a policy for the purposes of planning decisions.  Whether or not any of the recommendations in the strategy become part of the Council's policy is a matter which will be considered as part of the LDF process."

It was then moved by Councillor Clark and seconded by Councillor Andrews that the item be referred back to the Policy and Resources Committee for further consideration. 

A Recorded vote was requested on this referral.

For referral back:  Councillors Andrews, Aslett, Burr, Clark and Woodward. (5)

Against referral back:  Councillors Acomb, S Arnold, Mrs V Arnold, Cottam, Mrs Cowling, Cussons, Mrs Frank, Hawlins, Hemesley, Hope, Mrs Keal, H Keal, Knaggs, Maud, Shields, Wainwright, Wilford, and Windress. (18)

Abstentions:  Councillors Mrs De Wend Fenton, Hodgson and Legard. (3)

The motion to refer back was therefore Lost.

The Chairman of the Policy & Resources Committee outlined the background to the Committee's recommendations.

The Committee Chairman advised Members that Pinsent Masons, Solicitors for the Fitzwilliam (Malton) Estate Company had by a letter dated 21 May 2009 (the day of the Council meeting) objected to Council adopting the recommendations referred to in his motion.

Two arguments put forward on behalf of the Estate include: -

(i) Firstly, the contention of Ryedale District Council that Wentworth Street Car Park, Malton is under utilised is misconceived.

(ii) Secondly, that there has been a failure on the part of the District Council to undertake consultations with key stakeholders including the Fitzwilliam (Malton) Estate.

In the letter the Estate invited the Council to adjourn the consideration of the recommendations of its Policy and Resources Committee dated 2 April 2009 and to allow the Estate to meet with the Council representatives to discuss and review the Council's proposals with the Estate in the hope that a joint approach can be agreed.

The Chairman of the Policy & Resources Committee stated that the report with supporting papersconsidered  by the Policy and Resources Committee on  2 April 2009  gave a concise appraisal and summary of the document 'A Strategy for Malton Town Centre' which had been prepared by consultants WSP and Atisreal to consider development issues in and around Malton Town Centre.  It also contained a report on highways by Jacobs and on retail need by Roger Tym and Partners.  These had been included between pages 108 and 128 of the Council agenda so that it was available to all members and the public and press.

The Strategy deals with matters relevant to retail planning and town centre issues.  It will therefore be a material consideration in the preparation of development plan documents and local development documents and the determination of planning applications which concern these matters.  The Strategy contains analysis of retail matters and expert judgments which will assist in making those decisions.

However, the Chairman did state that the Strategy will not be a policy of the Council for the purpose of planning decisions.  Planning policy, has to be included in the Local Development Scheme and go through formal processes including particular forms of consultation, sustainability appraisal and, often, Strategic Environmental Assessment.  The Strategy was not intended to have the status of policy.  For those reasons it has not been subject to those processes (although there had been consultation upon it).

The Chairman asked Members to note that Council was not being asked to endorse/make policy but rather agreeing that the recommendations of the WSP report are consulted on further as part of the formal LDF process.  He stated that this was entirely appropriate  - the District Council are committing to taking the study findings through the very process that is prescribed/ designed to ensure that land use choices made through the LDF are done in an open and transparent way.

The Chairman stated that he was advised that the District Council is embarking on a lawful decision making process as prescribed by law and this involves consultation with all stakeholders including the Fitzwilliam (Malton) Estate

The Fitzwilliam (Malton) Estate would be able to put forward their representations as part of the process and the Council would welcome discussions with the Fitzwilliam (Malton) Estate on the future of the town as part of the process.

Accordingly, the Chairman of the Policy & Resources Committee  stated that the professional Legal and Planning advice that  he  had received was that there was no requirement for the Council to defer consideration of this matter.

The report to the Policy & Resources Committee meeting on 2 April 2009 made it clear that as the Council is the landowner of Wentworth Street Car Park, it is essential that any intention to redevelop the site is handled in a transparent way. Therefore the recommendation to take the site through the LDF, to be considered against all other competing sites for similar uses, ensures a consistent approach to accommodating the development needs for Malton. The only reason the recommendations of the Policy and Resources Committee included reference to Wentworth Street Car Park, Malton, was because the car park is in the ownership of the Council and Members of the Council were being asked to formally agree to putting the site forward for consideration through the LDF process.

 The Fitzwilliam (Malton) Estate would have plenty of opportunity to raise their concerns expressed in the Pinsent Masons letter of 21 May 2009 including the issue about whether or not the District Council's car park at Wentworth Street Malton  is underutilised as part of the LDF process. 

Upon being put to the vote, Councillor Cottam's amendment was Carried.  Councillor Andrews asked that his vote of abstention be recorded.

Upon being put to the vote, the substantive motion was carried.

Resolved

(i) That the recommendations in the WSP report be endorsed and taken forward for consideration and consultation through the LDF process.

(ii) That Wentworth Street Car Park be included in the June consultation for redevelopment for food retail and parking through the LDF process.

(iii) That the study and supporting technical work be a material consideration in the decision making process in advance of the LDF

(iv) That full investigation be conducted, through the LDF process of the potential for a comprehensive approach to the redevelopment of Malton Town centre

(v) For the purposes of clarity, the Council notes that the strategy will not be a policy for the purposes of planning decisions.  Whether or not any of the recommendations in the strategy become part of the Council's policy is a matter which will be considered as part of the LDF process.

Councillors Andrews, Clark and Woodward wished their votes against this resolution to be recorded.

Councillors Burr and De Wend Fenton wished their votes of abstention on this resolution to be recorded.

Councillor Andrews declared a personal non prejudicial interest on the above item, as he had attended meetings of the Revitalisation Group.  A letter had been circulated from Solicitors for the Fitzwilliam Estate, and Councillor Andrews indicated that he may declare a personal and prejudicial interest in this should the letter be discussed.

Councillor Mrs Wilford declared a personal non prejudicial interest in the above item as she lived very close to the town centre and was the Chair of the Malton and Norton Area Partnership.

Councillor Mrs Burr declared a personal non prejudicial interest in the above item as she had a business in Malton.

Councillor Legard declared a personal non prejudicial interest in the above item as he had business interests in Malton

Minute No. 398 – Ryedale Local Development Framework Core Strategy – Regulation 25 Consultation responses.

It was moved by Councillor Wainwright and seconded by Councillor Legard that Council adopts the recommendation from Policy & Resources Committee.  Members were asked to note that an additional response had been received, which was appended to the report.

Upon being put to the vote the motion was carried.

Resolved

That the Council's responses to the comments received be approved.

11

Notices of Motion Submitted Pursuant to Council Procedure Rule 11 (Part 4) of the Council Constitution

Motion 1

It was moved by Councillor Clark and seconded by Councillor Woodward that:

So as to:-

• Improve the relations between Councillors and the employees on Ryedale District Council
• Improve employee morale
• Reduce the need for consultants

This Council resolves to create a Joint Human Resources Committee with members and Union representatives.

A recorded vote was requested upon this motion:

For the Motion:  Councillors Andrews, Aslett, Clark and Woodward. (4)

Against the Motion:  Councillors Acomb, S Arnold , Mrs V Arnold, Mrs Burr, Mrs Cowling, Cussons, Mrs De Wend Fenton, Mrs Frank, Hawkins, Hemesley, Mrs Hodgson, Hope, Mrs Keal, H Keal, Knaggs, Legard, Maud, Mrs Shields, Wainwright, Mrs Wilford and Windress. (21)

Upon being put to the vote, the motion was Lost

Motion 2

It was moved by Councillor Clark and seconded by Councillor Woodward that:-

So as to enable Ryedale district Council to deliver:

• Ryedale District Council corporate targets on waste and greenhouse gasses
• Zero carbon developments
• Reduction of traffic and pollution

This Council resolves to create a 10 member Environment Committee

After some debate, it was moved by Councillor Mrs Wilford and seconded by Councillor Mrs De Wend Fenton that consideration of the item be deferred so that information could be prepared on how much it would cost the Council to set up and service an Environment Committee.

Upon being put to the vote, the motion to defer consideration was lost.

A recorded vote was requested.

For the Motion:  Councillors Andrews, Aslett, Mrs Burr, Clark, Mrs De Wend Fenton, Mrs Hodgson, Mrs Keal, H Keal, Mrs Shields, Mrs Wilford and Woodward. (11)

Against the Motion:  Councillors Acomb, S Arnold, Mrs Arnold, Mrs Cowling, Cussons, Mrs Frank, Hawkins, Hemesley, Hope, Knaggs, Legard, Maud, and Wainwright (13)

Upon being put to the vote, the Motion was lost

12

To receive and Consider Reports of Officers of the Council

(a) Howardian Hills Area of Outstanding Natural Beauty Management Plan 2009-2014

The Head of Planning submitted a report (previously circulated) which sought Members' approval for the adoption of the Howardian Hills Area of Outstanding Natural Beauty (AONB) Management Plan 2009 – 2014.

Members were advised that the existing AONB Management Plan had been adopted by the constituent authorities in 2004.  There was a  statutory duty to review and adopt the Management Plan every 5 years.  Consultation on a draft of the management Plan had run from 7 November to 19 December 2008.  Members had considered the draft at a meeting of the Policy and Resources Committee in February 2009 and the report noted that their comments had been included and addressed in the revised Management Plan.  Members noted that there were no new additional financial implications associated with the plan over and above the core funding that the Council currently contributed.

Resolved

That the Howardian Hills Area of Outstanding Natural Beauty Management Plan 2009 – 2014 be adopted.

Councillor Woodward asked that his vote against the motion be noted as Game shooting was practised within the Howardian Hills.

Councillor Wainwright declared a personal and non prejudicial interest in the above item as he was on the Howardian Hills AONB Management Board.

(b)  Submission of Ryedale District Council owned Sites for Consultation and Consideration as Part of the Emerging Local Development  Framework Process.

The Head of Environment submitted a report (previously circulated) which put forward for consideration and consultation as part of the Local Development Framework (LDF) process, parcels of Council owned land which had the potential for alternative future use.

The report stated that Officers had undertaken an initial review of Council owned assets regarding their potential for alternative uses/development and submission for consultation as part of the LDF process.  No decisions had been taken on the future of any of those sites.

The initial review undertaken indicated that the majority of assets were already within current development limits and were unlikely to require any change in planning policy to support any likely redevelopment.  These    assets were listed at annex 1 to the report.  As such, and future proposals would be dealt with under existing national and local planning guidelines pending the adoption of new policies.  The emerging LDF process was unlikely to affect the consideration of redevelopment proposals for those sites.

Within Annex 2 to the report, four potential locations of Council-owned land were listed for consideration.  These were Ryedale House, land to the rear of Ryedale Pool, Miscellaneous Land adjacent to existing development Limits at Foxholes, Stonegrave, Low Hutton, Duggleby and Wentworth Street Car Park. 

The report sought Members approval to put forward the land in Ryedale ownership for consideration, along with other sites outside RDC ownership as part of the LDF consultation process.  The consultation would take place during June and July of 2009 to help move the Core Strategy forward.  This consideration is without prejudice to any decisions on disposal of the sites or the determination of planning applications upon them. 

Resolved

That the specified Council owned land as listed in Annex 2 to the report be put forward as part of the LDF process.  This was to be considered alongside the other land outside of Council ownership which had been submitted

Councillor Andrews asked that his vote against the motion be recorded.

Any Other Business.

Valedictory – Councillor Arthur Aslett

Councillor Wainwright reported that this was Councillor Aslett's last meeting of Council, and thanked him for his tireless work on behalf of the residents of Pickering.  Councillor Wainwright reminded Members that Councillor Aslett had been Chairman of the Council during the Millennium, and remarked that must have been a memorable time for Councillor Aslett. 

Council wished Councillor Aslett well for the future.

Resolved:

That Council records its appreciation to Councillor Arthur Aslett for his contribution, commitment and support of the Council.

The meeting started at 6.30pm and closed at 10.20pm