Agenda and minutes

Cabinet
Tuesday, 21st October, 2014 10.00 am

Venue: Town Hall, Scarborough

Items
No. Item

1.

Declarations of Interest pdf icon PDF 21 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest, or a disclosable pecuniary interest, to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start of the meeting or as soon as the interest becomes apparent.  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:

Councillor Chance declared a personal interest in agenda item 7, Adoption of the Whitby Business Park Area Action Plan, since he represented the County Council on the North York Moors National Park Authority.

 

Councillor Donohue-Moncrieff declared a personal and prejudicial interest in agenda item 11, Barrowcliff Big Local Plan and Approval to Develop Play Area at Briercliffe, since she represented the Council on Groundwork North Yorkshire Trust and on the Board of Yorkshire Coast Homes which had contributed funding to the project.

 

Councillor Fox declared a personal interest in agenda item 11, Barrowcliff Big Local Plan and Approval to Develop Play Area at Briercliffe, since his wife was Chair of the Board of Yorkshire Coast Homes which had contributed funding to the development of Barrowcliff Park.

 

Councillor Chatt, declared a personal and prejudicial interest in agenda item 11, Barrowcliff Big Local Plan and Approval to Develop Play Area at Briercliffe, since he was Vice-Chair of the Barrowcliff Big Local Group.

 

2.

Minutes pdf icon PDF 67 KB

To approve as a correct record and sign the Minutes of the meeting held on 16 September 2014 (attached).

Minutes:

RESOLVED that the minutes of the meeting held on 16 September 2014 be approved as a correct record and signed by the Chairman.

 

3.

Public Question Time

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

Minutes:

The Chairman reported that a question had been received in relation to agenda item 12 which would be considered under this item.

 

4.

Forward Plan pdf icon PDF 176 KB

To review the Cabinet’s Forward Plan (reference 14/344) attached.

Minutes:

It was noted that Item 22 of the Forward Plan, Raincliffe Woods Community Asset Transfer, should also refer to the Portfolio Holder for Harbours, Assets, Coast and Flood Protection in the column, Lead Executive Councillor(s).

RESOLVED that, subject to the above amendment, the Forward Plan (Reference 14/344) be approved.

 

5.

Progress of Scrutiny of Executive Decisions

To receive an oral report by the Chief Executive.

Minutes:

The Chief Executive reported that the Cabinet’s decision dated 16 September 2014 in respect of the Futurist tender bid had been called in and referred to the Resources Scrutiny Committee.  The committee considered the matter on 30 September and resolved to uphold the Cabinet’s decision.

 

6.

Revised Members' Code of Conduct pdf icon PDF 121 KB

To consider a report by the Director of Democratic and Legal Services (reference 14/319) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 14/319) which presented a revised Members’ Code of Conduct for approval.  Members were advised that the new code whilst taking into account the changes introduced by the Localism Act 2011, nevertheless sought to maintain the rigour and clarity of the previous code.

RESOLVED that the Cabinet recommend the adoption of the revised Members’ Code of Conduct (set out at Appendix 1 of the report) to full Council.

 

Reasons

To ensure that the Council has in place an appropriate Code of Conduct that is concise, clear and effective, and which promotes and maintains high standards of conduct by Members and co-opted Members.

 

7.

Adoption of the Whitby Business Park Area Action Plan pdf icon PDF 124 KB

To consider a report by the Director of Service Delivery (reference 14/324) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 14/324) which presented the Whitby Business Park Area Action Plan for approval.  In introducing the report, Councillor Bastiman made two corrections: the consultation on the Proposed Submission Plan (referred to in paragraph 4.4) took place in 2013, not 2014 as stated; the Inspector’s report (referred to in paragraph 4.6) was received on 17 September 2014, not 2015 as stated.

RESOLVED that the Cabinet recommend that the Whitby Business Park Area Action Plan (Appendix 1) be adopted as part of the authority’s Statutory Development Plan.

 

Reasons

The need to address current operational limitations of the Business Park and the needs of existing businesses, allied to the potential development of a Potash Mine to the south of Whitby and the potential local opportunities presented by the offshore wind industry provide an opportunity to bolster the local economy. The adoption of a joint Area Action Plan with the North York Moors National Park Authority covering Whitby Business Park would place the area in a better position to benefit from such investment.

 

8.

Green Spaces Supplementary Planning Document - Consideration of Consultation Responses and Recommended Actions pdf icon PDF 164 KB

To consider a report by the Director of Service Delivery (reference 14/343) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 14/343) which presented the Green Space Supplementary Planning Document for approval.  In introducing the report, Councillor Bastiman acknowledged in particular the Planning Policy Officer, Mr Lickes’ work in bringing the document to completion.

RESOLVED that:

(i)    the consultation responses received in respect of the Draft Green Space Supplementary Planning Document are noted; and,

 

(ii)  the Council is recommended  to adopt the Green Space Supplementary Planning Document  incorporating the suggested  changes as set out  in the report.

 

Reasons

The National Planning Policy Framework (NPPF) is clear that planning policies should be based on adequate, up-to-date and relevant evidence.  With regard to planning for green spaces, paragraph 73 of the NPPF states that such policies should be based on robust and up-to-date assessments of the needs for open space, sports and recreation facilities and the opportunities for new provision.

 

The Borough Council’s current approach to planning for green space is set out within the “Negotiation of Play, Greenspace & Sports Facilities in Association with New Housing Developments” Supplementary Planning Document (SPD), which was adopted  in 2007.  Much of the information on which the SPD is based is now out of date and has been superseded by two recent pieces of evidence, namely; the “Scarborough Playing Pitch Strategy” (October 2013) and the “Green Space Audit” (May 2014).  As a result, the SPD itself is outdated and must be refreshed in line with the findings of the most recent evidence, as per the requirements of the NPPF.

 

A replacement SPD, the “Draft Green Space” SPD, was approved for consultation by Cabinet and the Planning and Development Committee in June (report reference 14/155).  Following this approval, a six-week consultation period was completed on the 12 September 2014, with a total number of 19 comments having been received from 7 different consultees.  The consultation process did not raise any substantive concerns from respondents that could not otherwise be addressed through minor alterations to the document (see Officer’s Recommendation in Appendix 1) and as such, it is recommended that the “Green Space” Supplementary Planning Document be adopted by the Borough Council.

 

9.

Adoption of a Strategy for New Psychoactive Substances (NPS) 2014-2017 pdf icon PDF 137 KB

To consider a report by the Deputy Chief Executive (reference 14/348) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Deputy Chief Executive (Reference 14/348) which sought approval of the New Psychoactive Substances (NPS) Strategy.  In introducing the report, Councillor Donohue-Moncrieff welcomed the focus of the local newspaper on this issue, and stressed the extremely harmful nature of NPS, and that tougher legislation was needed to take further action against those who sold and used such dangerous substances.  The Chairman noted the importance of the strategy and provided further comment on the report informed by his involvement on the Local Government Association Safer Communities Board.  He referred to the difficulties faced by scientists, the medical profession, and legislators in keeping up with these new chemical compounds, but that the Government was considering adopting the licensing approach used in New Zealand to tackle the problem.

RESOLVED that the Cabinet recommends that:

(i)    the Council adopts the New Psychoactive Substances Strategy as part of the Council’s Policy Framework and supports delivery of the strategy and action plan; and

(ii)  the Council seeks to prevent the sales of NPS within premises owned or leased by the Council and amends the relevant lease agreements to reflect this.

 

Reasons

For the Council to support the implementation of a clear plan to manage the emerging issues around NPS highlighted within the Strategy and to reduce the harm associated with such substances.

 

For the Council to send a clear message that, because of the risks associated with the use of NPS and the potential for harm, it does not wish to see the sale of such substances within premises it owns or leases.

 

10.

Anti-Social Behaviour Crime and Policing Act pdf icon PDF 188 KB

To consider a report by the Deputy Chief Executive (reference 14/345) attached.

Minutes:

The Cabinet considered a joint report by the Deputy Chief Executive and Director of Service Delivery (Reference 14/345) in respect of the Anti-Social Behaviour, Crime and Policing Act 2014 and its implications for the Council and partners.  Members were advised that the Act replaced the current 19 powers used to tackle anti-social behaviour with six more flexible powers.  The Act also sought to make organisations more accountable to the local community and to support victims of anti-social behaviour through such measures as the community trigger (case review process) and community remedy.  The report also alluded to the likely increase in expectations within the community as result of the publicity surrounding the new powers and of the introduction of the community trigger, which may have resourcing and capacity implications for the Council.  However, the authority would seek to exploit partnership opportunities with other local authorities to help meet this challenge.

RESOLVED that the Cabinet recommends that:

(i)            the Council’s policy framework is updated to reflect the new powers and provisions contained within the new Anti-Social Behaviour, Crime and Policing Act; and

(ii)          the capacity implications to enable proactive use of the new powers are noted and that a further report outlining any issues arising from the new Act is considered by the Council once the full implications of the Act become clear.

 

Reasons

To highlight the key provisions within the new Act and the implications for the Council, particularly in terms of capacity and staffing resources, in implementing fully and proactively the new powers.

 

11.

Barrowcliff Big Local Plan and Approval to Develop Play Area at Briercliffe pdf icon PDF 119 KB

To consider a report by the Deputy Chief Executive (reference 14/355) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Deputy Chief Executive (Reference 14/355) which sought Member approval of the development of the new flagship play park in Barrowcliff – the first project in the Barrowcliff Big Local funding programme.  Members acknowledged Councillor Chatt’s hard work in support of this project

RESOLVED that the Cabinet:

(i)    approve the development of a new flagship play park, to be known as Barrowcliff Park, as part of the Big Local Plan for Barrowcliff

(ii)  delegate to the Director of Business Support the authority to enter into a licence with Groundwork North Yorkshire (who have been selected by the Big Local partnership to project manage the construction) for the construction of a new playpark on this site.

(iii) approve the arrangements for maintenance of the Park as set out in paragraphs 5.3 and 5.4 of the report and delegate the Director of Service Delivery to enter into a formal agreement with Groundwork North Yorkshire to reflect the agreed arrangements.  

 

Reasons

To enable a comprehensive refurbishment and redesign of the existing Briercliffe Play area to be undertaken and long term arrangements for the maintenance of the site to be agreed.

 

(In accordance with their declarations under Minute 1, Councillors Chatt, Donohue-Moncrieff and the Chair, Councillor Fox all left the meeting during the debate and determination of the above item.  Councillor Bastiman took the Chair during Councillor Fox’s absence.  Uncertain whether the exact nature of his interest required that he leave the meeting, Councillor Fox did so as a matter of prudence.  His interest was subsequently confirmed as personal and non-prejudicial)

 

12.

Preparation of Supplementary Planning Document Relating to Houses in Multiple Occupation and Student Accommodation pdf icon PDF 190 KB

To consider a report by the Director of Service Delivery (reference 14/341) attached.

Additional documents:

Minutes:

The Cabinet considered a report by Director of Service Delivery (Reference 14/341) in respect of the merits of preparing a Supplementary Planning Document (SPD) to augment Local Plan policies and to provide up to date guidance for determining planning applications for Houses in Multiple Occupation (HMOs).  Mr David Auton was invited to put a public question he had submitted on this matter, to which the Chairman duly responded.  The question and response are set out below.

Mr Auton represented the concerns of members of the South Cliff Community Group and in particular the concerns about the steady increase of HMOs in parts of Ramshill and Weaponness wards.

‘Focussing on the corridor between West St to the east and Ramshill Rd/ Filey Rd to the west and being mindful of the following –

1. That an Article 4 Directive is in force in the central area of Ramshill Ward but not in any part of the adjacent Weaponness ward,

2. That national figures inform us that HMOs, whether student or non-student, have a x2 impact factor on population in an area, so that an HMO threshold of 10% has the potential impact of 20% on population, and

3. The acknowledgement in the Agenda Paper that the Borough Council does not have an accurate figure of the present numbers of HMOs in Scarborough,

my question is what measures will Councillors make certain are contained in the Issues and Options Consultation Process and ultimately in the SPD, to reassure residents that its decision makers, planners and licensing officers work in unison to ensure a low level threshold point is neither reached nor breached, with the consequential negative impact on the community.

 

With regard to the question, the Council is actively exploring the introduction of revised planning policy to deal with student accommodation and other HMOs; this will be achieved after consultation with residents and other interested parties. It would be wrong at this stage to pre-empt exactly what will be contained in the SPD or how it will be implemented prior to carrying out that extensive consultation. Paragraph 5.10 of the report clearly states "precise contents of the SPD will only be established following public consultation on the Issues and Options Paper." The Council has instigated this review of planning policy in response to concerns from local residents and local ward members, whom officers have met with and discussed issues with as part of consultation on the Local Plan. This spirit of discussion and exchange of views on possible ways forward will continue within any work undertaken as part of this review, and I fully agree with the sentiment that any planning policies need to work effectively alongside other mechanisms, such as the licensing regime.

 

For clarification, in relation to point 1, whilst there are a number of Article 4 Directions in the Borough, these generally relate to minor household extensions and not changes of use and there are no Article 4 Directions in the area referred to.

In relation to point 2,  ...  view the full minutes text for item 12.

13.

Shared Services Opportunities pdf icon PDF 165 KB

To consider a joint report by the Deputy Chief Executive, Director of Service Delivery and Director of Democratic and Legal Services (reference 14/342) attached.

Minutes:

The Cabinet considered a joint report by the Deputy Chief Executive, Director of Service Delivery and Director of Democratic and Legal Services (Reference 14/342) which outlined progress on the agreed work streams with East Riding of Yorkshire Council and proposed the strategic and operational next steps for Member approval.

RESOLVED that the Cabinet:

1.    approve updated shared service arrangements with East Riding of Yorkshire Council (ERYC), including:-

(i)    Implementing shared service arrangements through an agreed project plan with ERYC in relation to sharing a Human Resources and Payroll System, with a target for go live of April 2015;

(ii)  In relation to the Benefits service, following detailed due diligence, proceed with the development of ICT related projects but not merge with or transfer core service provision to ERYC; and

2.    Transfer the Benefits telephone customer contact function and staff resources internally from Customer First to Benefits.

 

Reasons

Cabinet approved the rationale to seek shared service opportunities with ERYC (report 14/217) in appropriate areas including HR, Payroll, Training and Benefits.

 

The joint programme board consisting of senior officers from both Councils has considered regular reports and updates on the various work streams and agreed future direction in these key areas.

 

To ensure that the Council is provided with payroll services on the expiry of the Council’s current contract with North Yorkshire County Council on 31 March 2015. 

 

The transfer of the Housing Benefits telephone calls from Customer First to Housing Benefits will provide revenue savings of approximately £25,000 per annum.