Agenda and minutes

Tuesday, 24th April, 2012 10.00 am

Venue: Town Hall, Scarborough

Contact: Gill Wilkinson 

No. Item


Declarations of Interest pdf icon PDF 50 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.



Minutes pdf icon PDF 158 KB

To approve as a correct record and sign the Minutes of the meeting held on 20 March 2012. (attached).



Public Question Time

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



Forward Plan pdf icon PDF 71 KB

To review the Cabinet’s Forward Plan (Reference 12/191 attached).



Progress of Scrutiny of Executive Decisions

To receive an oral report by the Chief Executive.



Appointment of the Cabinet, Committees and Sub-Committees 12/219 pdf icon PDF 141 KB

To consider a report by the Chief Executive (Reference 12/219 attached).


The Cabinet considered a report by the Chief Executive (reference 12/219.) It was noted that there were a number of amendments which would be incorporated into the list sent to the Council meeting on 14 May 2012. 

RESOLVED that the Cabinet recommend that Council

(i)                 consider the lists of appointments to the Committees for 2012/13 that will be tabled at the Council meeting on 14 May prior to final approval at Annual Council on 24 May 2012

(ii)               Note the appointments to the Cabinet by the Leader which the Leader will consider after Annual Council.


To ensure the good governance of the Council.



Appointment of Council Representatives on Outside Bodies pdf icon PDF 137 KB

To consider a report by the Chief Executive (Reference 12/207 attached).

Additional documents:


The Cabinet considered a report by the Chief Executive (Reference 12/207)

Members were informed that nominations for the outside bodies were still outstanding and the Leader asked Group Leaders to ensure that these were sent to Democratic Services.

RESOLVED  that Cabinet recommend that Council agree the representatives for the  posts for:

1.                  Yorkshire Coast and Moors Area Committee – four posts

2.                  Hull University Court – four posts

3.                  North Yorkshire Scrutiny of Health – one post

4.                  Safer Communities Partnership – one post


2          That Council agree to appoint the portfolio holder for Neighbourhood Renewal, Community Involvement and Partnerships, Democratic Services, Customer services and Community Safety as the representative for Scarborough Borough Council to the North Yorkshire Police and Crime Panel.

3          That Council delegate future appointment of representatives to outside bodies, which are required between annual council meetings to the Leader.


To ensure good governance and promote partnership working within the borough



Review of Dog Controls in the Borough - Results of Consultation pdf icon PDF 165 KB

To consider a report by the Head of Environmental Services (Reference 12/220 attached).

Additional documents:


The Cabinet considered a report by the Head of Environmental Services (reference 12/220) Members were informed that the Council currently enforced a number of orders and byelaws relating to the control of dogs.  Apart from dog fouling these also included site specific restrictions relating to dogs on leads and dog bans. These controls had recently been the subject of a review.

Cabinet at its meeting on 18 October 2011 approved consultation draft proposals for four Dog Control Orders to be made under the Clean Neighbourhoods and Environment Act 2005 to replace the existing controls.

The four dog control orders were

1.                                    Failing to remove dog faeces – to control dog fouling.

2.                                    Not keeping a dog on a lead – replacing Dogs on Leads byelaws, orders and Road Traffic Act designations.

3.                                    Permitting a dog to enter land from which dogs are excluded – replacing Dog Ban byelaws and orders.

4.                                    Not putting, and keeping, a dog on a lead when directed to do so by an authorised officer – a new control.

In accordance with the provisions of the above Act, the proposals were advertised in the local press and on the Council’s website. In addition a range of stakeholders were consulted directly.

There had been 14 responses to the consultation. Thirteen were included in the appendix to the report and the fourteenth was circulated at the meeting. It was noted that there had been two minor amendments following consultation. One was with regard to wording and the second was to change Osgodby Memorial Park from a dog ban to an area for dogs on leads.

The legislation required that should the Council confirm the making of the Dog Control Orders, an implementation date needed to be decided. The earliest implementation date could be 30 July 2012. However, Members were warned that introducing the new controls “mid-season” could be problematical and therefore an implementation date of 1 October 2012 was suggested for approval. 

Cllr Fox stated that he had concerns that there may be a displacement of dogs from areas that required a dog to be on a lead to an area where this was not needed and this could create problems. He was informed that there was still the requirement to put a dog on a lead if told to do so by an enforcement officer. He was further informed that the council was training up to 25 people such as gardeners, who would be able to carry out some of the duties at the lower enforcement level.


a)                 The results of the formal consultation be noted,

b)                 Cabinet recommend to Council the approval of the Dog Control Orders to be made under the Clean Neighbourhoods and Environment Act 2005 as described in Appendix B to this report, and

Approve a commencement date for the Dog Control Orders of 1 October 2012.


The current local legislative framework in respect of dog controls is in need of review and updating.



Review of Council's Gambling Policy pdf icon PDF 149 KB

To consider a report by the Head of Environmental Services (Reference 12/190 attached).

Additional documents:


The Cabinet considered a report by the Head of Environmental Services (Reference 12/190). It was noted that this was asking for approval to consult on the policy and therefore was not an A item at this stage. Once the final policy was produced this would need to be agreed by full council.

RESOLVED that Cabinet give approval to the Council’s draft Gambling Licensing Policy prior to formal public consultation and agree this draft policy is put out for public consultation.


In accordance with the requirements of the Gambling Act 2005 the Licensing Authority is required to publish a statement of policy every successive three year period from the first appointed day, namely: 31 January 2007.  The Policy is now due to be revised to cover the next successive 3-year period from 31 January 2013 to 31 January 2016.



External Funding to Support Delivery of the Safer Communities Partnership Plan pdf icon PDF 152 KB

To consider a report by the Head of Environmental Services (Reference 12/184 attached).


The Cabinet considered a report by the Head of Environmental Services (Reference 12/184) It was noted that this was not an A item.

Members were informed that Scarborough Borough Council was the accountable body for the Safer Communities Partnership for 2012/13 and as such any grants for delivery of initiatives through external funding has to be paid via the Council, be subject to the Council’s financial procedures and be spent in line with any relevant conditions of grant usage.

There was two amounts of external funding totalling £64,274 offered to the Partnership.  These were:

·        A grant of £48,423 from North Yorkshire County Council, which was originally Home Office funding.

·        A grant of £15,851 from North Yorkshire Police Authority.

These grants were paid annually to the Safer Communities Partnership and would be used to support the running costs of the partnership and funding of projects and initiatives to address the priority issues as outlined in the Partnership Plan. These were:

·        Reducing alcohol related crime and disorder

·        Policing the roads through casualty reduction and  reducing criminal use

·        Monitoring and response to emerging trends

It was noted that this was the last year that the Council would be the accountable body for this funding as next year this would be the Police and Crime Commissioner.

Cllr Fox noted that this was the Community Safety Manager, Mandy Chance’s last Cabinet meeting. He thanked her for the work she had  done for the authority and wished her well in her future.

RESOLVED That as accountable body for the Safer Communities Partnership, Cabinet:

(i)         Note and accept a grant of £48,423 from North Yorkshire County Council (Home Office funding) towards the running costs and initiatives of the Safer Communities Partnership.

(ii)        Note and accept the core-funding grant of £15,851 from North Yorkshire Police Authority towards the 2012/13 running costs and initiatives of the Safer Communities Partnership.

(iii)Authorise entry into such grant contracts with the funders as may be necessary to enable access to the funding.


To support the delivery of the Safer Communities Partnership Plan and associated action plans throughout 2012/13.



Renewable Technology and the Feed in Tariff pdf icon PDF 164 KB

To consider a report by the Head of Finance and Asset Management  (Reference 12/214 attached).


The Cabinet considered a report by Head of Finance and Asset Management (Reference 12/214).Members were informed that following a report to Cabinet in December,2011 the Photo Voltaic cells had now been installed at Scarborough Crematorium. The report now asked Cabinet for a further £100000 to be used on an invest to save basis on schemes that used renewable technologies.

It was noted that four additional PV schemes had been identified, sor which the business cases had been prepared and scrutinised by the sustainability working group. These sites were the most suitable council owned buildings for the installation of 4kw PV systems, which meant that installation and commissioning could happen quickly once all approvals and permissions were in place. The cost of these schemes totalled £40000 with the pay-back period being under 10 years if they continued to attract the 21p rate of feed-in tariff. However these rates were always subject to change.

The report also asked for a further £60000 of funding in order that future schemes, once identified and scrutinised by finance could be dealt with by Sustainable Working Group and put into practice in time to take full advantage of the Government incentives supporting renewable technologies.

RESOLVED that Cabinet recommend to Council that they approve:

i.          a £100,000 Invest to Save Scheme for investment in Council owned properties for renewable technologies that qualify for the Feed in Tariff (FIT) or the Renewable Heat Incentive (RHI). £40,000 of this budget will be committed for schemes set out in this report;

ii.                  that the responsibility for approving the schemes making up the remaining £60,000 budget be delegated to the Sustainability Working Group (SWG), on the basis Finance have validated each scheme and confirmed that they meet the Council’s Invest to Save criteria.

iii.                authority to enter into contract following the procurement process.


The FIT and RHI represent an opportunity for the Council to generate free power on site for its own consumption and also provides significant financial reward for doing so.  



Annual Improvement Plan pdf icon PDF 159 KB

To consider a report by the Head of Human Resources and Performance (Reference 12/217 attached).

Additional documents:


The Cabinet considered a report by Head of Human Resources and Performance Management (Reference 12/217). Members were informed that last year the Council approved the new Corporate Plan, “To be the best” which set out the aims and priorities of the Council for the five year period 2011-2016.The Corporate Plan detailed a set of actions and targets that helped the Council to deliver its aims and priorities.

Progress of the actions that are set out in the 5 year Corporate plan was reported to Members yearly through the Annual Improvement Plan.

Members noted that the year end figures showed that 90% of the actions detailed in last year’s Annual Improvement Plan had been completed in full or part.  Those actions that were not achieved included securing funding for Scarborough and Whitby Business parks, and in these cases other methods of funding were being sought.

Other actions, including implementation of phase 2 of the T1 system and development of a sports facility strategy were ongoing and had been carried over into this year’s Critical Success factors. This plan was subject to inspection and reported upon by the Audit Commission. It was made available to the council’s partner organisations, and the public through the Customer First centres and via the website.

RESOLVED that Cabinet approve the Annual Improvement Plan for 2012-13


To show the progress against the Council’s Aims and Priorities, as detailed in the Corporate Plan, and set targets that support its delivery.



Review of Customer Service delivery sites in Whitby pdf icon PDF 320 KB

To consider a report by the Strategic Director (Hilary Jones) (Reference 12/221 attached).


The Cabinet considered a report by the Strategic Director (Reference 12/221)

Members were informed that there were two offices in Whitby: Skinner St and the Tourism Information centre (TIC). Skinner street was not fit for purpose and although the TIC was more modern there were concerns regarding the security, signage and zoning.

The Council could potentially make improvements to the services by relocating the Council’s Benefits and Housing Options service to a shared office with Jobcentre Plus at their office at Bobbies Bank. In addition the residual services that would remain at the Council’s Skinner Street office could be relocated into the TIC in Whitby.

Members were advised that the introduction of a Universal Credit Scheme (UCS) would be the biggest single welfare change in a generation. Originally there was no role envisaged for Local Authorities’ Benefit teams with the UCS other than assisting with the migration of existing Housing Benefit cases to UCS by 2017/18. 

There had been a significant shift by the Department for Work and Pensions since then with a realisation that the stated goal of 80% of UC customers applying online would not be achieved in the short-term and that many vulnerable customers would still need face-to-face contact with Benefit specialists at a local level.

The Jobcentre Plus as part of the DWP would be central to delivering UC and their office was a modern attractive office with good customer access and supporting staff facilities and located centrally at Bobbies bank in Whitby.  However, the office accommodation is larger than needed by Jobcentre Plus and therefore at risk in terms of sustainability

The Council had been in discussions with the DWP developing a local approach to the transition to UC and together they had developed a co-location pilot that could help support the smooth transition to Universal Credit and guide the development of a new local service delivery model. 

If this proposal were to be taken forward then it would have an impact on the use of Skinner Street by Council customers.  In November last year Elected Members approved the implementation of to enable customers to make cash payments for Council services at a range of local retailers and post offices and this has led to a significant reduction in the number of cash transactions at Skinner Street which meant that it would become less cost effective to run.

If the cash office was closed at Skinner Street the residual Customer First service could easily be provided from the Information Centre.  An option had been developed to improve the Information Centre and incorporate Customer First.  This option would address signage, layout and queuing issues at the Information Centre while providing the space and capacity to deliver all the residual customer services currently delivered from Skinner Street. 

As these are potentially major changes there was the recommendation that this was put out for public consultation and a report be brought back to Cabinet.

Cllr Plant stated that this issue had  ...  view the full minutes text for item 13.


Environment and Economy Scrutiny Committee - Final report of the Rosevale Caravan Park Task Group SCR/12/02 pdf icon PDF 142 KB

To consider a report by the Chief Executive (Reference 12/212 attached).

Additional documents:


The Cabinet considered a report by the Chief Executive (Reference 12/212) Members were informed by Cllr Ritchie that the work had taken a lot of time and Cllr Ritchie thanked the Environment and Economy Scrutiny Committee that had allowed him to carry out this work which showed a different way that scrutiny could engage.

It was noted that there had been a major problem of reputational damage to the Council when several tonnes of waste were being disposed of near people’s houses. The report did not address all of the questions that people were asking but took a corporate approach. Cllr Ritchie acknowledged that he had a great deal of support and lessons had been learnt from the exercise. If Cabinet accepted the report’s recommendations this would go a long way to ensuring this problem did not recur.

Cllr Fox congratulated that task group for their work.

Cllr Jeffels and Marsden agreed with this. Cllr Backhouse also said this was a very good piece of work and thanked Cllrs Ritchie and Marsberg for their work on this and in identifying the breakdown of communications between agencies.

Cllr Fox asked how the Council engaged with the other organisations. He was informed this would be led by Planning and all the organisations involved had given assurances they would comply with the report. Bramall Construction had been particularly helpful and admitted they had made a mistake.

Cllr Fox asked that a Lead officer be assigned in future to support this type of work.

RESOLVED that Cabinet note the following recommendations and endorse recommendations (vi) to (ix) which pertain to Scarborough Borough Council:

To Bramall Construction

(i)                 that Bramall Construction introduce more comprehensive verification of Site Waste Management Plans, focusing especially on the minority of waste management proposals in the SWMP which are unusual in nature, with the full support of the Environment Agency and local authorities, to encompass both environmental and planning regulations;

(ii)               that Bramall Construction review their internal procedures for communicating with the project manager and client for ‘turnkey’ developments such as Sandybed Court to ensure that both the project manager and client are kept informed when serious incidents such as that in Rosevale Caravan Park arise which may affect the reputations of the project manager, client and principal contractor; and

(iii)             that Bramall Construction review their internal procedures for liaising and communicating with local residents to prevent a repeat of the communication failure in respect of Rosevale Caravan Park.

To Yorkshire Coast Homes

(iv)              that Yorkshire Coast Homes conduct a review of Synergy Housing Solutions’ performance as the project manager of the Sandybed redevelopment, in particular to ascertain why Synergy did not find out about the unauthorised disposal of building waste until December 2011

(v)                that Yorkshire Coast Homes take part in Bramall Construction’s review of the Site Waste Management Plan after the development is completed

To the Environment Agency and local authorities (East Riding of Yorkshire Council, Scarborough Borough Council and North Yorkshire County Council)

(vi)  ...  view the full minutes text for item 14.


Council Support for Community Schemes - Call for Action Follow Up pdf icon PDF 142 KB

To consider a report by the Strategic Director (Hilary Jones) (Reference 12/213 attached).

Additional documents:


The Cabinet considered a report by the Strategic Director (Reference 12/213) This was a follow on from a scrutiny review following a councillor call for action and centred on the Ingham park play development. This park had opened and was successful but it was felt that the Council’s support of this scheme could have been better. The questions asked by the review were:

·                    What were the frustrations which the community group encountered when dealing with the Council?

·                    What are the weaknesses in the way the Council supports community groups to deliver such projects?

·                    What lessons can the Council learn from Ingham Play Park in order to improve the way it supports community groups

It was noted that there were lessons to be learnt with communications where every party knew what their role was and the importance of creating a single point of contact for community groups.

At its meeting on 28 March the committee agreed the recommendations with a minor amendment and agreed that this would be presented to cabinet.

Cllr Evans as Chair of the scrutiny committee informed members that he agreed with what had been stated. Cllr Marsden stated that this report would be helpful for future projects. Cllr Jeffels stated that this was good for the Council’s standing and welcomed the report.

RESOLVED that That the Cabinet consider:  

(i)                 establishing web pages to provide clear explanatory text  about the support the Council can provide for community projects and related issues, including clarity from the start of a project about the services the community group can expect to receive from the Council if the latter is to act as project manager;

(ii)               identifying through publications and web pages the initial point of contact for support from the Council;

(iii)             supporting all project managers through a virtual project management team from the Council’s Project Management Centre of Excellence based in Regeneration and Planning Services; and

(iv)              developing a sense of shared ownership of projects managed on behalf of community groups by sharing all relevant documents.


To address concerns raised through a Councillor Call for Action in respect of how effectively the Council supports community groups to deliver capital projects.



Gift of Sculpture

This item has been withdrawn. 



Application to become a Local Nature Reserve, The Dell, Eastfield pdf icon PDF 400 KB

To consider a report by the Head of Environmental Services (Reference 12/225 attached).


The Cabinet considered a report (Reference 12/225) Cllr Simpson stated that this was the culmination of much hard work from residents and councillors to make the Dell a better place. He welcomed the report but asked with regard to the map why the reserve did not follow the curtilage of the Dell. The Head of Environmental Services Mr Skelton stated that this was a great success turning an area from a dumping ground to a place where people wanted to go and he was happy to review the boundaries on this reserve. Mr Skelton introduced Mr David Spencer who was the Dell warden. Mr Spencer informed Members that the criteria used to designate a nature reserve and the management plan in place meant that the areas not included within the reserve on the map were not eligible for inclusion.

Cllr Evans stated that he had been concerned about the areas left out but understood the explanation. He thanked officers for their hard work.

RESOLVED that Cabinet approves:

i)          Subject to approval from Natural England, the designation the Dell as a Local Nature Reserve

ii)         The making of an application for Higher Level Stewardship funding for the management of the Dell and if successful, accepts this grant funding for a period of 10 years

iii)        The extension of the “Dell-ve into Nature” project until the end of March 2013


The “Dell-ve into Nature” project has been a great success and has transformed the Dell in Eastfield into a valued and well used green space.  These recommendations provide the opportunity to sustain and expand this project, including attracting additional maintenance resources.



Additional Item - Environment and Economy Scrutiny Committee - Scarborough Coastal Defence Strategy - The Scarborough Spa Options Appraisal pdf icon PDF 137 KB

To consider a report by the Chief Executive (Reference 12/237 attached).

Additional documents:


The Cabinet considered a report by the Chief Executive (Reference 12/237). Cllr Backhouse stated that the intervention of the scrutiny committee had been a positive move. It had recommended that the rock revetment be agreed rather than the stepped revetment. It would therefore be wrong for Cabinet to disregard the views of the Scrutiny committee. It was noted that the Scrutiny committee had considered the costs, longevity, maintenance and CO2 production for both options. Cabinet were being asked to recommend the ground investigations for the rock revetment.

Cllr Ritchie reminded members of the reasons for Councillor Cluer's call in of the decision by Cabinet which were that the decision was contrary to the Council’s sustainability strategy, there was a higher health and safety risk with a stepped revetment and the Scarborough Coastal defence strategy approved by full Council specified rock revetment.

During the call in meeting other reasons had been given which were: sustainability (the lower carbon footprint and longer lifespan of the rock armour option); practicality; costs (both now and in the future); and risks including health and safety.

The Scrutiny committee had been very pleased that Cabinet had engaged so positively with the committee.

Cllr Backhouse reminded members that there were two parts to this work which were cliff stabilisation and sea wall. The foot print for the rock revetment was to comply with the overtopping guide criteria. These were very rigid and thus the criteria for compliance may be reviewed at a national level to see if they could be less rigid. This meant that the footprint may be reduced.  The next step in the coastal protection programme was to look at what could be done for Foreshore road.

Cllr Marsden stated that she had concerns as there was a listed building in front but she now accepted what had been said but noted that there was a long consultation process for this.

Cllr Robinson asked if this decision meant that option 2, rebuilding the wall was no longer being looked into. She was informed that it was still feasible to work reports to a certain level but this would mean the Council would need to fund part of this up to £50000. Therefore officers were now focussing on a rock revetment scheme. If this was found not to be feasible the other options would be reviewed again. It was intended that the main part of the ground investigation would be carried out before the main summer season. The final draft of the report would come back to Cabinet in Feb 2013.

Cllr Cluer stated that she agreed with all that Cllr Ritchie had said.

RESOLVED that the Cabinet:

(i)                 Note the officers’ recommendation as endorsed by the Environment and Economy Scrutiny Committee to improve the foreshore defences at the Spa by the  provision of a rock revetment with a constant crest level throughout the frontage with a moderate height 1.1m wave wall, as the basis for further study;

(ii)               Accept the Environment Agency’s offer of £290,000  ...  view the full minutes text for item 18.


Open Air Theatre - Stage Erection

To consider a report by the Head of Tourism and Culture (Reference 12/243 atteachd)


In camera

The Cabinet considered the report.

Minute recorded in the Council’s confidential minute book