Agenda and minutes

Cabinet
Tuesday, 20th January, 2015 10.00 am

Venue: Town Hall, Scarborough

Items
No. Item

Before commencing the main business of the meeting, the Chairman advised that agenda item 10, Community Asset Transfer – Raincliffe Woods, Forge Valley and Row Brow would be considered in public session provided the contents of the appendices which were commercially sensitive were not disclosed.

 

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 Donohue-Moncrieff declared a personal interest in agenda item 10, Community Asset Transfer - Raincliffe Woods, Forge Valley and Row Brow, since she represented the Council on the Board of Groundwork North Yorkshire which was involved with Raincliffe Woods Community Enterprise.

 

Councillor Chatt declared a personal and prejudicial interest in agenda item 12, Yorkshire Energy Partnership, since he was the Chair of the Yorkshire Energy Partnership Board.

 

2.

Minutes pdf icon PDF 103 KB

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

Minutes:

RESOLVED that the minutes of the meeting held on 17 December 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 8 and would be considered under this item.

 

4.

Forward Plan pdf icon PDF 174 KB

To review the Cabinet’s Forward Plan (reference 15/26) attached.

Minutes:

RESOLVED that the Forward Plan (Reference 15/26) be approved.

 

5.

Progress of Scrutiny of Executive Decisions

To receive an oral report by the Chief Executive.

Minutes:

Members were informed that there had been no call-ins of executive decisions since the last meeting on 17 December 2014.

 

6.

Adoption of the New Adult, Children and Young People Safeguarding Policy pdf icon PDF 122 KB

To consider a report by the Deputy Chief Executive (reference 15/16) attached.

Additional documents:

Minutes:

The Cabinet considered a report by the Deputy Chief Executive (Reference 15/16) in respect of the new Adult, Children and Young People Safeguarding Policy which reflected the latest guidance and good practice.

RESOLVED that the Cabinet recommend that the Council adopts the Adult, Children and Young People Safeguarding Policy as part of the Council’s Policy Framework.

 

Reasons

It is a requirement under section 11 of the Children’s Act 2004 for District Councils to make arrangements to ensure its functions safeguard and promote the welfare of children. District Councils also have a statutory duty to co-operate with the Children’s Services Authority with enquiries where there is reasonable cause to suspect a child is suffering, or likely to suffer, significant harm. District Councils also have a responsibility to work with partners to ensure that vulnerable adults at risk of abuse receive protection and support. This policy sets out guidance for staff and Elected Members about these duties and procedures for their implementation.

 

7.

Church Street, Whitby - Flood Alleviation Scheme Phase 1 pdf icon PDF 185 KB

To consider a report by the Chief Executive (reference 15/15) attached.

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 15/15) in respect of Phase 1 of the Flood Alleviation Scheme for Church Street, Whitby.

RESOLVED that the Cabinet:

(i)            Approve the acceptance of £672k Coast and Flood Protection Grant in Aid from the Environment Agency (EA) and £246k grant from the Yorkshire Regional Flood and Coastal Committee’s Local Levy along with a £61k contribution secured and allocated by Scarborough Borough Council for the Whitby Church Street Flood Alleviation Scheme Phase 1 (Phase 2 will be subject to additional approvals in 2050);

 

(ii)          Authorise officers to procure a specialist consultant to undertake the project management, procurement, supervision and CDM coordinator role and provide authority to enter into a contract with the consultant offering the most economically and quality advantageous tender following a competitive tender exercise via the YORconsult Framework;

 

(iii)         Note that the works will require the loss of some car parking spaces whilst they are being carried out, and this may result in a loss of income to the Council during the contract period.  Delegate authority to the Director of Business Delivery to agree the impact on loss of parking spaces and income prior to commencement once these are known following receipt of contractors tenders.

 

(iv)         Authorise officers to procure tenders from suitably experienced contractors to carryout ground investigations, detailed design and the construction of the project following the restricted procedure and provide permission to appoint the most economically and quality advantageous tenderer.

 

Reasons

To manage the risks to people and the developed, natural and historic environments from sea flooding, to the standard of a 1 in 100 year event.

 

To provide increased protection to 62 properties from sea flooding, which includes 54 residential properties and 8 commercial properties. 

 

In order to design and construct necessary improvement works for essential upgrading of Whitby Harbour Assets.

 

To comply with Defra’s and the Environment Agencies best practice on coastal flood management, including taking into account contemporary guidance, studies and monitoring data.

 

8.

Motor Events on Oliver's Mount pdf icon PDF 175 KB

To consider a report by the Director of Service Delivery (reference 15/37) attached.

Minutes:

The Cabinet considered a report by the Director of Service Delivery (Reference 15/37) in respect of a request to increase by one day the number of days for motorcycle events on Oliver’s Mount.  Mr Peter Hillaby of the Auto 66 Club, the organiser of the motorcycle events, then put the following question to the Cabinet:

‘The Council’s Corporate Plan (2011-16) under Aim Two - Prosperous has a commitment to  develop Sustainable Tourism through “Ensuring that a range of attractions, festivals and events are in place to attract visitors all year round” and  will have succeeded by 2016 if there has been “an increase in the number of attractions and events  taking place throughout the year”.

The request to amend the number of days for motor sports on Oliver’s Mount offers the opportunity to contribute to this objective and by doing so maximise the use of a Council asset, support the sustainability of a local business and take advantage of the opportunity to generate an estimated £130,000 for the local economy outside the main tourism season.

Common sense would suggest the Council should take this opportunity?’

 

To which the Chairman gave the following response:

‘The Council recognises the efforts and work of Auto 66 in organising the programme of motorsport events on Oliver’s Mount, attracting visitors to the area and the economic benefit it brings. However when considering events it’s just not the economic benefit we have to measure. There  also has to be an assessment of the suitability and appropriateness of the event including the implications for local residents. The Council is aware of previous opposition from residents to any extensions to the event programme on Oliver’s Mount and their views have to be considered when assessing this latest request.’

 

Members then discussed the arguments in favour of, and against the request.  They noted Auto 66 Club’s commendable ambitions for the Oliver’s Mount programme, the added appeal of two day events and the undoubted economic benefits the extra day would bring  as explained further by Mr Hillaby, but the ongoing issues with traffic management and noise, which despite Mr Hillaby’s efforts to ameliorate them, still affected the amenity especially of nearby residents.  These issues were prominent in residents’ comments shared with the Cabinet.

RESOLVED that the Cabinet reject to increase by one day the number of days for motorcycle events on Oliver’s Mount and retain the existing policy.

 

Reasons

The existing policy struck the right balance of protecting residential amenity whilst supporting a programme of motor events on Oliver’s Mount.

 

9.

Exclusion of the Public

To consider the following motion:-

“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)”.

Minutes:

RESOLVED 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 agenda items 11, 12 and 13 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).

 

10.

Community Asset Transfer - Raincliffe Woods, Forge Valley and Row Brow

To consider a report by the Deputy Chief Executive (reference 15/19) attached.

Minutes:

As noted above, this item was considered in public session prior to agenda item 9.

 

The Cabinet considered a joint report by the Director of Service Delivery and Director of Business Support (Reference 15/19) in respect of the Community Asset Transfer (CAT) of Raincliffe Woods, Forge Valley and Row Brow.  Members were advised of the progress that had been made since their decision in December 2013 to support the development of the bid by Raincliffe Woods Community Enterprise (RWCE), and the next steps in the CAT process.  In reply to a question, the Asset & Risk Manager advised that the proposed Business Plan contained key milestones for the initial five year period after transfer which would be subject to performance monitoring and scrutiny.  Failure to meet the milestones could jeopardise the lease arrangements to be negotiated between the Council and RWCE, but the transfer was all about the two organisations working together to realise the potential of the woods.

RESOLVED that the Cabinet:

(i)            approve the transfer of Raincliffe Woods, Forge Valley and Row Brow to Raincliffe Woods Community Enterprise (RWCE) on the broad terms detailed in recommendation (iii). The transfer will relate to the area set out in the plan on page 2 of the attached business plan subject to any excluded areas where existing rights and leases exist;

(ii)          delegate authority to the Director of Democratic and Legal Services, in consultation with the Portfolio Holder for Harbours, Assets, Coast and Flood Protection and the Portfolio holder for Tourism and Culture to enter into a temporary licence (whilst the detail of the lease is negotiated) to enable RWCE to commence with the delivery of the business plan, specifically to undertake events, activities and woodland management operations.  The key terms of the Licence will include:

a)      for a period of 12 months from February 2015;

b)      for the Licence to fall away when the lease is entered into;

c)      a maximum of 1,000 tonnes of wood removal will be permitted during the 12 month period (in accordance with the RWCE business plan);

d)     an option to terminate if the RWCE Annual General Meeting is not held by 19 April 2015 and a Board formed.

(iii)         authorise Officers to negotiate the terms of the lease agreement with RWCE and delegate authority to the Director of Democratic and Legal Services, in consultation with the Portfolio Holder for Harbours, Assets, Coast and Flood Protection and the portfolio holder for Tourism and Culture to enter into a 30 year lease with RWCE.  The headline terms will include:

a)      a peppercorn rent for the duration of the 30 years;

b)      no automatic right of renewal after 30 years;

c)      inclusion of break clauses linked to key milestones;

d)      a mechanism for RWCE’s surplus funds to be reinvested within the Asset for the wider community benefit in alignment with both the Council’s and RWCE’s corporate aims.

 

(iv)         approve that RWCE must achieve the following key milestones, as determined by the Community Asset Transfer Panel, prior to a  ...  view the full minutes text for item 10.

11.

Middle Deepdale - Sale of Land Known as HA1 to Keepmoat Homes

To consider a report by the Director of Business Support (reference 15/27) attached.

Minutes:

The Cabinet considered a report by the Director of Business Support (Reference 15/27 in respect of the sale of land known as HA1 to Keepmoat Limited.  Members were reminded of the recent history of the development of Middle Deepdale, and were advised that this sale was a critical step in the process which would accelerate the regeneration of the wider area and facilitate access to a significant loan from the Homes and Communities Agency (HCA).  Because the transaction must be completed by April 2015 in order for the developers to commence work and to draw down grant and loan funding from both the York, North Yorkshire, and East Riding Local Enterprise Partnership and the HCA, it was recommended that authority be given to the Leader to approve the finalised terms of the disposal.  The proposals in the report enjoyed unanimous support from ward councillors.  Members welcomed the report’s recommendations, subject to a single amendment that the Portfolio Holder for Strategic Planning and Regeneration also be involved in the negotiations with Keepmoat in (iii).

RESOLVED that the Cabinet:

    (i)        Agree that Keepmoat Limited (Keepmoat) meets the requirements to be classified as a special purchaser in connection the land at HA1;

 

  (ii)        Subject to receipt of an independent valuation confirming the price offered by Keepmoat for HA1, approve in principle the disposal of land at HA1 to Keepmoat on the basis of the outline  terms in the report.

 

 (iii)        Delegate authority to the Director of Democratic & Legal Services, the Director of Business Support and the Portfolio Holder for Strategic Planning and Regeneration to undertake negotiations with Keepmoat regarding the final detail of the disposal including governance arrangements for the regeneration fund.

 

 (iv)        Delegate authority to the Leader of the Council to approve the finalised terms of the disposal and enter into the sale agreement and all other associated agreements facilitating the disposal of land at HA1 to Keepmoat. 

 

Reasons

To allow the progression of housing development on land currently owned by the Council at Middle Deepdale.

 

12.

Yorkshire Energy Partnership

To consider a report by the Director of Democratic & Legal Services (reference 15/25) attached.

Minutes:

The Cabinet considered a report by the Director of Democratic and Legal Services (Reference 15/25) in respect of the Council’s ongoing concerns with the Yorkshire Energy Partnership (YEP) which had been discussed previously at the Environment and Economy Scrutiny Committee, and of the potential for Choices4Energy to develop further its services.  In respect of Councillor Chatt’s interest in this item, the Director of Democratic and Legal Services confirmed that he was not present at the meeting of the Sustainability Working Group which had considered the Council’s future involvement in the YEP.

RESOLVED that:

(i)            The report be received;

(ii)          That the Council withdraw from the Yorkshire Energy Partnership with immediate effect.

(iii)         That the Member representative on the YEP Board is advised to resign with immediate effect.

(iv)         That Choices4Energy be developed to deliver additional services, subject to on-going funding for the service being secured.

 

Reasons

To ensure that the Council achieves value for money in the delivery of its services.

 

(In accordance with his declaration under agenda item 1, Councillor Chatt was not present during the debate and determination of this item.)

 

13.

Restricted Minute (14/412)

Minutes:

The restricted minute of the meeting held on 17 December 2014 in respect of Whitby Golf Club was agreed as a correct record and signed by the Chairman.