Agenda and minutes

Tuesday, 12th May, 2020 10.00 am


No. Item


Declarations of Interest pdf icon PDF 81 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 150 KB

To approve as a correct record and sign the Minutes of the meeting held on 10 March 2020 attached.



RESOLVED that the minutes of the meeting held on 10 March 2020 be approved as a correct record and signed by the Chairman.



Public Question Time

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


The Chief Executive reported the receipt of several public questions.  Mr Richard Benson had submitted the following questions in respect of agenda item 11, Sale of land at Danes Dyke, Newby.  The questions and answers provided at the meeting by the Portfolio Holder, Councillor Maw are set out below:

1) The current vulnerable and elderly residents are sick with worry about the proposals. Joseph Rowntree Housing Trust created these Danes Dyke properties with a view to... "Safeguarding elderly and vulnerable residents from abuse and harm"

Can the council confirm these proposals do not at any time compromise the safeguarding of these vulnerable and elderly residents?


2) Danes Dyke is a narrow road and is often congested with visitor parking both to the nearby GP surgery and visitors to the apartments. Is site access to be through Danes Dyke tarmac Road? If so, bearing in mind the large lorries and heavy plant that will have to travel up and down Danes Dyke, how suitable is this access?


3) in addition to 2) above, how safe will Danes Dyke be for residents who have various disabilities (eg deaf, blind) to walk to the coffee lounge or visit the shops?


4) how will the construction impact access to current vulnerable and elderly residents by carers and relatives?




This report is concerned with the principle of the Council selling land at Danes Dyke to Beyond Housing for the purpose of developing a refuge for victims of domestic violence. The wider detail regarding the design of the building, the impact on neighbouring properties during the construction phase, the impact of the development on the wider community (including considerations regarding measures to reduce the risk of crime and promote community safety) are all matters for the Planning Committee to consider when determining whether to grant permission for the development or not.


As part of this planning process key agencies including North Yorkshire Police and North Yorkshire Highways Department are statutory consultees and shall of course be invited to comment to help shape any proposals going forward.


The site previously obtained planning consent for the development of a refuge in 2014. This planning permission has now expired, however this original consent did place various conditions on the developer at that time to incorporate measures to safeguard access to neighbouring properties and protect the highway during the construction phase. It also required the developer to set out to the planning authority the steps it was taking to reduce the risk of crime and promote community safety in line with recommendations made by North Yorkshire Police. I would therefore envisage that similar requirements are likely to form part of any future planning consent.


Furthermore, Councillor Jefferson, the Portfolio Holder for Corporate Resources, clarified the Council’s position on the collection of Council Tax during the COVID pandemic as follows:


Council Tax legislation does not impose a requirement for the billing authority to give consideration to the level of service received by any individual Council Tax payer and does  ...  view the full minutes text for item 3.


Forward Plan pdf icon PDF 425 KB

To review the Cabinet’s Forward Plan (reference 20/98) attached.



The Cabinet considered the Forward Plan (Reference 20/98).

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 10 March.



Review of Public Space Protection Order (PSPO) pdf icon PDF 350 KB

To consider the report of the Director (RB) (reference 20/97) attached


Additional documents:


The Cabinet considered a report by the Director (RB) (Reference 20/97) in respect of a review of the Council’s current Public Space Protection Order (PSPO) designed to address anti-social behaviour.  Members were advised that the PSPO was one of range of tools that was used to deter and disrupt anti-social behaviour.  The public consultation had evidenced a high degree of support for retaining the current restrictions, and an even higher percentage (97%) for extending the PSPO to Whitby.  Members’ attention was also drawn to the relatively low number of Fixed Penalty Notices.  This was because through the PSPO, persons behaving in an anti-social manner could be requested to stop drinking and have their alcohol removed. If they complied there was no offence, so no further action such as an FPN would be required.  In reply to a question about signage and communications, the Director, Mr Bradley confirmed that the wording on existing signage would not need to be altered, and new signs would be erected in Whitby where particular problems were known to occur.  The Borough Council would liaise with Whitby Town Council around communications for the extension of the PSPO in Whitby, in addition to the customary work with local media.  Members were pleased to note the high level of public support for the proposals.

RESOLVED that the Cabinet recommends that the Council:


a)    The Council extends the Public Space Protection Order (PSPO) for a further period of three years. The power to extend the PSPO is contained at s60 Anti Social Behaviour Crime and Policing Act 2014. The Local Authority to exercise the power must be satisfied on reasonable grounds that doing so is necessary to prevent a) occurrence or recurrence after that time of the activities identified in the order; or b) an increase in the frequency or seriousness of those activities after that time.


b)    The PSPO be extended on the same terms as the existing order (at Appendix 1) to include the following three provisions:


No person shall, in any public place within the restricted area:


i)     Continue to drink alcohol when asked not to do so by a Police or authorised Council Officer or to refuse to surrender alcohol to an officer when asked to do so by a Police or authorised Council Officer.

ii)    Continue to use psychoactive  substances when asked not to do so by a Police or authorised Council Officer or to refuse to surrender psychoactive substances to an officer when asked to do so by a Police or authorised council officer a

iii)   Urinate or defecate in a public place.


c)    That the geographical area covered by the PSPO be extended to include Whitby Town Centre (Appendix Two), in addition to the existing designated area of Scarborough indicated at Appendix Three. The power to vary an order is contained at S61 Anti-Social Behaviour Crime and Policing Act 2014. The Council legally can only increase the restricted area if it considers that the test outlined in para 3.2 below is met.  ...  view the full minutes text for item 6.


Selective Licensing within parts of the Weaponness and Ramshill ward pdf icon PDF 462 KB

To consider the report of the Director (NE) (reference 20/96) attached


Additional documents:


The Cabinet considered a report by the Director (NE) (Reference 20/96) in respect of the introduction of a new Selective Licensing scheme in an area known as ‘Scarborough South.’  Introducing the report, the Portfolio Holder, Councillor Maw alluded to the success of the two existing Selective Licensing Schemes in Scarborough in raising the standard of accommodation in the private rented sector, noting in particular that hundreds of life-threatening Category 1 hazards had been exposed and remedied.  Key aspects of the report were highlighted to Members: the detailed and lengthy public consultation which demonstrated support for the scheme; the fee structure to ensure the scheme could be adequately resourced without placing an unreasonable burden on landlords and tenants; the requirement to apply to the Secretary of State since this third scheme meant selective licensing covered more than 20% of the total private rented sector in the Borough; and the minor amendments to the Selective Licensing policy outlined in the report in respect of the frequency of inspections and fees payable in the final two years of the scheme.

RESOLVED that the Cabinet recommends full Council to:

1)    Note the feedback from the public consultation exercise on the Selective Licensing of private rented accommodation.


2)    Approve the introduction of a Council led scheme for the Selective Licensing of Private Rented Accommodation in the area defined as ‘Scarborough South’. This area incorporates parts of the Weaponness and Ramshill ward as shown on the map in Appendix B of this report.


3)    Approve the proposed fee structure along with recommended discounts and exemptions.


4)    Approve an application to be made to the Secretary of State for the designation of Selective Licensing of Private Rented Accommodation in the area defined as ‘Scarborough South’.


5)    Subject to approval of the Secretary of State, approve the preparation and publication of a Public Notice of designation under sections 80 and 83 of the Housing Act 2004. This Notice shall allow for the designation of the chosen area for the introduction of a Selective Licensing Scheme. 


6)    Approve amendments to its policy for the Selective Licensing of Private Rented Accommodationas highlighted within this report.



The Council has been operating two schemes for the Selective Licensing of Private Rented Accommodation. The first one was designated in parts of the Northstead (formerly North Bay ward) and Castle Wards in July 2017, and the second one was designated in June 2019 in parts of the Castle, Central and Northstead (formerly North Bay ward).


In December 2019 Cabinet considered report 19/257 and approved the business case for the introduction of a third phase of Selective Licensing within parts of the Weaponness and Ramshill ward. Officers were instructed to undertake a public consultation exercise on these proposals.


This report provides an overview of the consultation responses. The report seeks approval to introduce Selective Licensing in an area defined as ‘Scarborough South’ (see appendix B). The report seeks approval for the adoption of the fee structure. Approval is also required to make an  ...  view the full minutes text for item 7.


Eastfield Regeneration Programme pdf icon PDF 459 KB

To consider the report of the Director (RB) (reference 20/82) attached


Additional documents:


The Cabinet considered a report by the Director (RB) (Reference 20/82) in respect of the Eastfield Regeneration Programme funded in the main from capital receipts from the Middle Deepdale development.  Members were advised that the report before them reflected a huge amount of work and master planning and importantly, an enormous amount of public engagement and hard work by community groups and the Council’s partners.  Further, there was a recommendation to accept a grant of £212,500 from the Yorkshire Coast Community Led Local Development programme for the Employment Hub proposals presented in the Community Support Package.  Members were reminded that the programme would be funded in large part by a capital receipt arising from the sale of land at Middle Deepdale, in excess of £3.5m which was earmarked for the regeneration of Eastfield and the wider area.  The Overview and Scrutiny Board considered the proposals for engagement and governance in March 2018 and since then the Eastfield Regeneration Partnership had been set up to include a wide range of stakeholders.  Now, some two years later, a Phase One Community Support Package had been agreed, which would demonstrate to the community that the Borough Council had listened to and was implementing their ideas, providing the basis for future regenerations schemes in the area.  Further, appended to the report was a Master Plan co-produced by the Council’s consultants, Building Design Partnership alongside the regeneration partnership, which set out the future vision for the area in terms of potential next phase regeneration activities.  Members commended the holistic, ground-up approach involving the local community behind the programme and the enormous amount of work undertaken by officers.  However, they were disappointed that some parts of the local media had misinterpreted paragraph 3.7 of the report and the reference to the development of over 5000 homes in the Eastfield/Cayton area.  This was not a new proposal, indeed a proportion of these homes had already received planning permission.  Members therefore requested the Director, Mr Bradley to issue a clarifying statement to this effect.

RESOLVED that the Cabinet:


  1. Note that capital receipts from the sale of HA1 have been allocated in the Financial Strategy towards regeneration in Eastfield and the wider area over the next 3 years to deliver the Community Support Package programme determined by the Eastfield Pact for the benefit of Eastfield and the surrounding areas. (Appendix 1 - Diagrammatic Overview of Community Support Package).


  1. Approve the programme of works contained in the Community Support Package outlined in this report and delegate authority to the Director (RB) to enter into any contracts associated with delivering the programme of works.


  1. Approve that the limited potential receipts associated with the green space off Westway are foregone in exchange for using this as a Halfway Park, as presented in the Community Support Package.


  1. Note the proposed structure for the phase two Pact (Appendix 2) by which the workstream outputs will be directed and managed, and capital receipts spend will be utilised in an efficient and effective  ...  view the full minutes text for item 8.


Use of Council owned land to support housing delivery pdf icon PDF 337 KB

To consider the report of the Director (RB) (reference 20/78) attached



The Cabinet considered a report by the Director (RB) (Reference 20/78) in respect of a new approach to optimise use of Council owned land to support housing delivery.  Introducing the report, the Portfolio Holder, Councillor Maw emphasised the need for this approach to broaden home ownership in the Borough but also to deliver more homes which were suitable for people’s needs and kept affordable for successive owners and tenants.  Members were advised that the report set out an innovative set of proposals to help fix the housing market in the Borough, which was failing large parts of the Borough’s communities.  Whilst the Council had made significant achievements around enabling and promoting housing delivery over recent years, it was recognised that a number of emerging new risks and challenges would need to be addressed in order to continue to deliver on the Council’s commitment to provide a good quality home for all.  The report sought approval to begin a programme of preliminary exploratory work in order to undertake options appraisals around the variety of mechanisms available to achieve the Council’s aspirations, looking at the alternative ways in which the Council could most effectively use the land assets at its disposal and assessing how the Council could best work in partnership with the public and private sectors to bring additional value to its housing delivery programme. These proposals aimed to optimise numbers of affordable homes, to maximise design and build quality, to promote environmental sustainability, and to harness the strategic potential of good quality affordable housing in contributing towards improvements in the economic profile, health and wellbeing, and aspirational perspective of the Borough’s residents.  To oversee the implementation of this programme, it was intended to establish an internal project team with a broad skills base, including representatives from Estates & Strategic Land, Housing, Regeneration & Economic Development, Legal, Finance, Planning and Procurement, supplemented by external professional advisors where specialist technical advice was required.  Councillor Trumper, who could not attend the meeting, put the following questions about the report to which the Portfolio Holder, Councillor Colling responded as set out below:

1.    With the Borough Council now struggling to balance its books is spending £100,000 on external consultants really necessary?  Couldn’t this work be done in house?

The recommendation in the report is to set up an internal project team.  The sum identified is for specialist advice.  We will want to structure any joint venture and will need this support since we do not have in house expert legal and taxation advice.  We hope to recover some of these costs from within any funds realised through the final scheme.  The £100k budget is funded from the capital feasibility works budget outlined in the 2020 Financial Strategy which is from our capital receipts pot and cannot be transferred to our revenue budget to help with any shortfall.


2.    In regards to the creation of a project team wouldn’t it be better to follow a more democratic and transparent route and set up a review group  ...  view the full minutes text for item 9.


Exclusion of the public

Section 4 – Exempt/Confidential Appendices

The reports in this section of the agenda have been written so that as much as possible can be discussed in public but it may become necessary to discuss the appendices and therefore the following motion will be considered:


“that in accordance with Section 100A(4) of the Local Government Act 1972 (and subject to consideration of the public interest under Paragraph 10 of Part 2 of Schedule 12A of the Act) the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act), namely information;

(a) relating to any individual;

(b) which is likely to reveal the identity of an individual; and/or

(c) relating to the financial or business affairs of any particular person (including the authority holding that information)”.



The Chairman noted that the remaining report on the agenda included a private and confidential appendix which might necessitate moving into private session should Members wish to discuss the sensitive information therein.  In the event, the item was considered in public.



Sale of Land at Danes Dyke, Newby for the development of a Refuge for Victims of Domestic Abuse and Violence pdf icon PDF 481 KB

To consider the joint report of the Directors (NE) & (RB) (reference 20/86) attached


Additional documents:


The Cabinet considered a joint report by the Directors (NE) & (RB) (Reference 20/86) in respect of the sale of Council owned land for the development of a refuge.  Introducing the report, the Portfolio Holder, Councillor Maw noted that he had received a request for this item to be deferred by Councillor Derek Bastiman which reiterated some of the matters raised by Mr Benson under Agenda Item 3 whilst adding concerns that the elderly people affected would be unable to access this meeting digitally.  In response, Councillor Maw pointed out that the report was concerned with the principle of selling Council land at Danes Dyke for the purpose of developing a refuge for victims of domestic violence.  The project was still at a very early stage despite this being on the Local Plan for a number of years.  He accepted that these were difficult times but local residents could and had made representations through their councillors if they could not access the technology in use now through necessity, as Agenda Item 3 illustrated. There were still many stages to go through so there would be many more opportunities for residents to be involved in the consultation process.  Members were advised that this was a follow up report to the Council’s adoption of the new Homelessness and Rough Sleeping Strategy and Review 2019-23 in September 2019, a key objective of which was to facilitate the development of a refuge for victims of domestic violence within the Borough, and to the Cabinet’s decision to give in principle agreement for the use of land at Danes Dyke, Newby for this purpose.  Members were reminded that In 2015 a development partner was secured and funding was in place to take the development of a refuge forward. Planning approval was granted.  The scheme did not progress however due to uncertainty following a lengthy consultation by Government over levels of rent that could be charged for supported housing.  The uncertainty around rents was now resolved and following Cabinet approval obtained in September 2019, officers had secured strategic support for the initiative from North Yorkshire County Council and had concluded the formal selection process for a Registered Provider partner.  The clear winner was Beyond Housing which provided a similar facility in Redcar.  Members then commented on the report.  They commended the work undertaken by the Housing Manager and his team towards the development of a much needed facility, and noted the cross-party support for the initiative evidenced at the Overview and Scrutiny Board meeting in July 2019.  They noted that domestic violence affected all sections of the population and were concerned that the current lockdown had only exacerbated the problem.

RESOLVED that the Cabinet:

1.         Give in principle agreement to the sale of 0.52 acres of land at Danes Dyke, Newby to Beyond Housing for on the terms as set out in Appendix 1 of this report to enable the development of a Refuge for Victims of Domestic Abuse and Violence.


2.         Instruct officers to advertise the proposed  ...  view the full minutes text for item 11.