Agenda and minutes

Tuesday, 15th October, 2019 1.00 pm

Venue: Town Hall, Scarborough

Note: Note - this meeting will now start at 1pm (changed from 10am) 

No. Item


Declarations of Interest pdf icon PDF 43 KB

Members are reminded of the need to consider whether they have a disclosable pecuniary, prejudicial or other (personal) interest to declare in any items on this agenda.  Details of any interest must be declared at the start of the meeting or as soon as any interest becomes apparent during the meeting.  The attached form must also be completed. Any advice required should ideally be sought before the day of the meeting.



No declarations of interest were received.



Minutes pdf icon PDF 86 KB

To approve as a correct record and sign the Minutes of the meeting held on 3 September 2019 attached.


RESOLVED that the minutes of the meeting held on 3 September 2019 be approved as a correct record and signed by the Chairman of that meeting.



Public Question Time

Public questions of which due notice has been given and which are relevant to the business of the Cabinet.


The Chair reported that no public questions had been received.



Forward Plan pdf icon PDF 269 KB

To review the Cabinet’s Forward Plan (reference 19/200) attached.


The Cabinet considered the Forward Plan (Reference 19/200).

RESOLVED that the Forward Plan be approved.



Progress of Scrutiny of Executive Decisions

To receive an oral report by the Chief Executive.


Members were advised that there had been no call-ins of executive decisions since the last meeting on 3 September.



New Adult, Children and Young People Safeguarding Policy pdf icon PDF 81 KB

To consider the report of the Director (LD) (19/201) attached


Additional documents:


The Cabinet considered a report by the Director (LD) (Reference 19/201) in respect of a revised Adult, Children and Young People Safeguarding Policy.  Members were advised that the policy had been amended in light of the new North Yorkshire Multi-Agency Safeguarding Adults Policy and Procedure and to provide additional and significantly updated information on matters such as making a referral, consent, ‘making safeguarding personal’, county lines, and modern slavery.  Members commended the new policy and the Council’s proactive approach to safeguarding.

RESOLVED that the Council is recommended to adopt the Adult, Children and Young People Safeguarding Policy (October 2019) as part of the Council’s Policy Framework.



It is a requirement under section 11 of the Children’s Act 2004 for District Councils to make arrangements to ensure their functions safeguard and promote the welfare of children. District Councils also have a responsibility to work with partners to ensure that adults at risk receive protection and support. The Council also operates within the context of Joint Multi-agency Safeguarding Adults Policy and Procedures for North Yorkshire.



Adoption of Affordable Housing Supplementary Planning Document pdf icon PDF 181 KB

To consider the report of the Director (RB) (19/181) attached


Additional documents:


The Cabinet considered a report by the Director (RB) (Reference 19/181) in respect of the revised Affordable Housing Supplementary Planning Document (SPD).  Members were informed that the SPD had been revised to take account of the new form of affordable tenure type, ‘Discounted for Sale’ homes.  In reply to Members’ questions, the Forward Planning Manager advised that he believed there would be some appetite for this type of tenure, indeed this had been requested in a previous consultation by one of the national housebuilders.  Ryedale District Council introduced a similar policy some two years ago and ‘Discounted for Sale’ was proving quite popular with housebuilders and residents, as evidenced by the Ryedale website which advertised affordable housing opportunities in the district.  However, rented homes still formed the majority of the affordable housing portfolio in Ryedale and Scarborough Borough, and this would continue to be the case.  Further, the amended SPD had been informed by Ryedale’s experience. The Forward Planning Manager undertook to obtain the exact figure of ‘Discounted for Sale’ units in Ryedale and share the information with Members.      

RESOLVED that the revised Affordable Housing Supplementary Planning Document be adopted.



Since the Affordable Housing Supplementary Planning Document (SPD) was updated and adopted earlier this year further work has been carried out to provide guidance on the provision of ‘Discount for Sale’ homes. It is important that the SPD is updated to include new forms of affordable tenure types to guide prospective developers.



Clock Cafe Retaining Wall and Chalets pdf icon PDF 236 KB

To consider the report of the Director (NE) (19/150) attached



The Cabinet considered a report by the Director (NE) (Reference 19/150) in respect of the Clock Café retaining wall and chalets.  Members were advised of the background to the report: the collapse of the retaining wall adjacent to the Clock Café in March 2018, the establishment of an initial £78k budget to appoint a consultant to design the demolition and making safe works in October 2018, the collapse of the chalets of their own volition in November 2018, and two days later the urgent decision to demolish the chalets, whilst accelerating the scheme to remove the chalets and retaining wall and regrade the slope to a safe angle of repose.  However, the new administration had wished to look again at this project with a view to the future reinstatement of the chalets and conservation of the heritage of the area.  The amended scheme before Members therefore included the reinstatement of the retaining wall with a new piled wall or soil nailed solution to create a development platform for the later phase of rebuilding the chalets.  It was proposed to fund the additional costs of the development platform from the Council’s Insurance Reserve.  Members welcomed the report and commended officers for their work in developing this alternative solution.

RESOLVED that the Cabinet approve:

1.     the demolition of the chalets in front of the Clock Café and reinstatement of the wall with a new piled wall or soil nailed solution with masonry facing, to create a development platform for the later reinstatement of the chalets;

2.     an increase against the current budget of £345k to undertake the works (taking the budget from £128k to £473k); with £345k being funded from the Council’s Insurance Reserve;

3.     that officers be authorised to explore the options and business case for the future replacement of the chalets.

4.     that officers be authorised to appoint the Council’s Flood and Coast Defence maintenance Term Contractor to carry out the design and works within the allocated budget.



·       To continue the process to remove the chalets and make the area safe and attractive.

·       To protect the Council’s business interest in the Clock Café.

·       To promote our heritage and tourism offer.



Vehicle Parts Framework pdf icon PDF 148 KB

To consider the report of the Director (NE) (19/172) attached



The Cabinet considered a report by the Director (NE) (Reference 19/172) in respect of a new vehicle parts framework contract.  In reply to Members’ questions, the Director, Mr Edwards undertook to explore the possibility of a joint tender exercise with other local authorities or other public services in future to achieve even better value for money.

RESOLVED that the Cabinet authorise officers to enter into a new four year framework contract with Fleet Factors Ltd for the purchase of vehicle parts and associated items through an EU compliant tender process.




(a) To ensure an uninterrupted supply of vehicle parts for essential service delivery.

(b) Comply with EU Public Procurement Regulations;

(c) Comply with the Council’s Financial and Contract Procedure Rules;

(d) Ensure the appointment of a competent supplier to provide the services;

(e) Deliver the most cost effective procurement solution for the Council.



Lealholm Community Land Trust - feasibility funding grant pdf icon PDF 169 KB

To consider the report of the Director (NE) (19/183) attached



The Cabinet considered a report by the Director (NE) (Reference 19/183) in respect of a feasibility funding grant for the Lealholm Community Land Trust.  Members were reminded that the Council received a grant of £1.86m in December 2016 by the then Department for Communities and Local Government to support community-led housing schemes in the Borough.  Last year the Council had supported Hinderwell Almshouses Trust to develop two new flats, but Lealholm was the first scheme which had come forward to feasibility stage from a newly created community-led housing trust in the Borough.  The steering group arising from local interest in developing community-led housing in Lealholm was granted £4,850 by the Council in early 2018 to undertake community development work and set up as a community-led housing organisation.  Lealholm CLT became constituted in late 2018 and since then had concentrated on developing the wider project proposal and an outline design brief for the project.  With Council help, the CLT developed a brief for a feasibility study which was put out to tender and won by Native Architects.  The full amount of feasibility funding for which Lealholm CLT was applying was made up of the Native Architects study, and some additional survey and community engagement work.  The CLT had also obtained two free days of consulting from the National Community Land Trust Network.  Members then asked the Housing Strategy and Development Officer, Mr Burroughs about progress made in spending the £1.86m grant and whether there was a risk that the Government could claw back unspent grant.  Mr Burroughs advised that bringing the Lealholm scheme to fruition was estimated to require in total some £0.75m of grant funding.  In addition, he was currently working with Scarborough Flower Fund Homes and another registered provider in Scarborough on a larger community-led housing scheme in the town which had the potential to benefit from significant grant funding.  He hoped to bring a report to the Cabinet in the new year seeking feasibility support.  The Government had not set a timescale by which the £1.86m had to be spent but he understood the need to promote community-led housing, as had been done to a great degree at the inception of the scheme.  The development of the Lealholm scheme would provide further publicity opportunities.  With the permission of the Chairman, Danby and Mulgrave ward Councillor Pearson then addressed the Cabinet to provide further background to the Lealholm scheme in which he had been involved from the outset.  Lealholm’s appetite for community-led housing expressed some four years ago through a consultation had helped support the case for community-led housing in the Borough and the award of the Government grant in 2016.  It had taken considerable time and effort to set up the Community Land Trust, so as to ensure the process was as transparent as possible, but he hoped Lealholm’s experience as the first community-led housing group in the Borough to reach this stage, would be of benefit to other groups in the Borough.  Councillor Pearson thanked officers for  ...  view the full minutes text for item 10.