Agenda and minutes

Friday, 25th February, 2011 2.00 pm

Venue: Town Hall, Scarborough

Contact: Gill Wilkinson 

No. Item


Declarations of interests pdf icon PDF 50 KB





Apologies were received from Cllrs Chatt, Leadley, Haddington, Harvey, Jay-Hanmer, Riley and Rodgers.



Minutes of the meeting of the Council held on 10 January 2011 pdf icon PDF 61 KB



To consider any communications received by the Chief Executive



Questions (if any) of which notice shall have been given


The question was asked, “Has the Leader of the Council received the letter from the Friends of Manor Road, representing the Friends of Parks groups and In Bloom groups, regarding the removal of the Park Ranger posts and the buying-in of plants at Manor Road, and will he give an assurance that the Friends Groups will be consulted at every stage when major changes are proposed to Parks and Countryside Services? 

Cllr Fox gave the following reply:

To the first part, the question posed by Cllr Murphy on behalf of the 'Friends of Manor Road' I note that this request was dispatched by e-mail on the 21st February to the Chief Executive.

So members are clear, the letter referred to is a 'broadcast' letter, received from the Friends of Manor Road and signed by their Chair, Mrs Dorothy Russell on behalf of twenty four Friends or Bloom Groups and their Horticultural advisor. My understanding is it was sent to all councillors and the Chief Executive. This letter was dated Thursday, 10th February, recorded as arriving in the Town Hall on Friday, 11th February and received by me, following the weekend, on Monday, 14th February.

I forwarded a reply to the signatory of the letter, Dorothy Russell on Wednesday, 16th February.

I am aware that the Chief Executive also replied to the letter.

I have since had a telephone conversation with Dorothy Russell the signatory of the original letter (22/2/2011) as I was concerned from the question that no reply had been received. At that time she confirmed that she had in fact received both letters.

Their letter requested the Council make them a consultee once the market testing results are known.  I have confirmed in my letter that should the 'status quo' be recommended to change then they would be consulted.  It is most important they are.

It is however difficult to quantify the more general question put to today. What is a major change? That is a debate or consultation event in itself.

I hope you are satisfied when I say, that as respected, engaged and active stakeholders your views are important to the Council and how, where and when consultation is required to support, help develop or challenge what otherwise would be radical changes in and to the service you will be consulted.

To the letter dated the 18th February.

To avoid any ambiguity, no decisions are made; we are no where near that stage.

I will ensure that the Procurement Manager seeks comments from the Friends groups upon what should be in the scope of any contract to be issued.

To the second paragraph, there is no secrecy. There is simply nothing to tell anyone yet. We are market testing the outsourcing of buying in plants.  Until decisions are made to that outsourcing then the structure of Parks and Gardens will remain much the same save for Mr Burnett having moved to his new post of Community Environmental Officer. 

The role requirement for this post removes  ...  view the full minutes text for item 5.


To set amounts of Council Tax for the area for each band for the financial year 2011/12 and the payment dates for 2011/12 considered with item 7(xi) Financial Strategy pdf icon PDF 96 KB

To consider a report by the Head of Finance and Asset Management  (Reference 11/125 attached).


The Council considered a report by the Head of Finance and Asset Management (Reference 11/125). It was noted that this item was being considered with item 7k Financial Strategy.

Cllr Fox introduced this item and informed members that there was a typographical error on page 75 which stated that there was a budget saving from market testing of Manor Road of £25000. This should state £0 at present.

Cllr Kenyon then presented this item to council.  She stated that it was her duty to present the budget for 2011/12 in a climate of major challenges to local government. She did not think that any councillor had stood for election to council to make the budget that they had to pass that day. The council was tied by the rules and resources of Central Government. The anticipated cuts of 8% of central government funding had in reality been 14% for 2011/12 which left the council with a funding deficit of £2.1million, There had been briefings and public consultation on the budget and the council had responded to the results of the consultation where possible. She stated that once the budget was set the council then had to oversee to ensure the delivery of these savings. Cllr Kenyon said that if any councillor wished to challenge the budget they needed to have a viable alternative and she reminded members that this was not the time to play politics. Cllr Kenyon then paid tribute to the Head of Finance and Asset Management and his staff who had worked hard to form a balanced budget and also to all the officers who had worked to achieve the savings.


Cllr Broadbent stated that he had attended many public meetings recently and that the main concern of the public was that services for vulnerable groups were protected and he did not feel that the budget achieved this. He stated that the council may want to save money for a rainy day but for many residents that rainy day had now arrived. He informed members that the Trades Union Congress had organised a march against the cuts on 26 March and there would be a local march in Scarborough.  He asked what was the budget doing to promote growth in the borough.

Cllr Tom Fox replied that:

·        the budget was seeking to engage Local Economic Partnerships, focussing on business in the borough to create jobs;

     and in relation to vulnerable groups:

·        the council was aiming to reduce the time required to process benefits claims from 17 days to 6 days, and

·        removing any backlog for disabled facilities grants.

Cllr Watson asked if the budget was approved that day how many job losses would there be and how much would it cost in redundancy payments.  He was advised by Mr Edwards that a written response would be provided.

Cllr Popple stated that he agreed with Cllr Broadbent and thought it was disgraceful that the government had cut the grant to the council by 14% this year and  ...  view the full minutes text for item 6.


To consider and pass resolutions on the following 'A' items:-


11/12 - Character Appraisal, Management Proposals and Conservation Area Boundary Review – Cloughton pdf icon PDF 45 KB

Additional documents:


Council considered this item. Cllr Bastiman proposed the recommendations be agreed and this was seconded by Cllr Kenyon.

RESOLVED that Council agree:-

(a)       to the Character Appraisal and Management Plan for Cloughton being adopted as Planning Guidance; and

(b)       that the Conservation Area be enlarged to cover the area shown in the map at Annex 4 of the report.


Report HRP10/560 considered by Planning & Development Committee on 4 November 2010 reported the first draft Character Appraisal and Management Plan for Cloughton.  Officers were authorised to carry out public consultation and report back.

The Character Appraisal and Management Plan which sets out a framework for establishing policies for ensuring the qualities of the area are preserved has now been subject to public consultation.  The results of that consultation, which are set out in Annex 2 to the report, have been considered and the Character Appraisal and Management Plan have been modified as necessary.  The recommendation now is for the Character Appraisal and Management Plan to be adopted as Planning Guidance and for the Conservation Area to be slightly enlarged.



11/32 - Temporary Accommodation for the Homeless pdf icon PDF 47 KB

Additional documents:


Council considered this item.  Cllr Tom Fox proposed the recommendations be agreed and this was seconded by Cllr Bastiman

Cllr Billing noted one of the conditions regarding the 25 year agreement for RSLs to repair properties and he proposed an amendment to the motion that this condition be changed to state that the funding would only be available to RSLs  that carried out improvements up to the highest level of green standards, which was level 6.

This was seconded by Cllr Broadbent.

Cllr Mortimer stated that RSLs currently worked to level 4 and it was very difficult to achieve level 6. Cllr Billing stated that the resolution could include the words “where achievable”.

The Monitoring Officer was invited to comment and confirmed his understanding was consistent with what Cllr Mortimer had stated, and suggested that the resolution include a requirement to aspire to the higher green standards rather than an obligation.

Cllr Fox suggested that the council should track the standards

Cllr McDonald stated that the report suggested that to bring back a house into use could cost £100,000, but a house could be bought for this cost and he did not support this proposal therefore.

Cllr Billing agreed that his proposed amendment to the motion be worded to be an obligation upon any grant receiving body to aspire to work towards the higher levels of the green homes policy.

RESOLVED that Council:

(i)         agree to the following change to the Councils Empty Homes Grant policy to ensure that:

“Empty homes grants are targeted towards RSLs to help support the purchase of long term empty dwellings on the open market.  A maximum level of grant (£50,000) is payable per dwelling and that this grant should not exceed more than 50% of the total cost of the Purchase, Repair or Conversion of that dwelling.  As a condition of the grant award, the RSL is required to enter into a 25 year agreement with the Council, giving the Council 100% nomination rights.  Dwellings brought back into use can only be used by the RSL as temporary accommodation for homeless.” 

(ii)      to include a further condition in any grant award, that the RSL aspire to achieve the highest level of green design standards in any Repair or Conversion

(iii)       agree that an Invest to Save bid in the sum of £750,000 be included in the Council’s Financial Strategy 2011-21, which will be presented to Full Council for approval in February 2011.  This funding will provide grant payments to match fund RSL contributions, enabling the purchase of empty dwellings that can be brought back into use as temporary accommodation for the homeless.  The £750,000 is to be funded from an increase to borrowing to be repaid from revenue savings achieved on the cost of temporary accommodation;

(iv)     instruct officers to market the sale of the Councils   

former homeless hostel at 6-8 Alma Square (Newburn House).


The Council has a legal obligation to provide temporary accommodation for homeless people.  We currently discharge that obligation  ...  view the full minutes text for item 7b


11/36 - Safeguarding Adults and Children and Young People's Policy and Procedure pdf icon PDF 42 KB

Additional documents:


Council considered this item. Cllr Tom Fox proposed the recommendations be agreed and this was seconded by Cllr Mortimer who stated that she was very pleased to see the policy come through and noted that this would be monitored by the council. Cllr Billing stated that he fully supported this policy and thanked the officers and the task group for their hard work

RESOLVED that the Safeguarding Adults and Children and Young Peoples Policy and Procedure appended to the report be approved.


The principal legislative basis for the Government’s vision for safeguarding children is the Children Act 2004 which places significant duties on county level authorities in their role as Children’s Service Authorities (CSA).  Within this role they have a duty under Section 10 of the Act to promote inter-agency co-operation between named agencies including district councils which are involved with children and young people and contribute to their well being. 

To ensure the Council fulfils the duty on Local Authorities to make arrangements to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children (Section 11, Children Act 2004) and to work with partners to ensure that vulnerable adults at risk of abuse receive protection and support.




Mayor and Deputy Mayor 2011/2012 pdf icon PDF 32 KB



11/101 - Schedule of Meetings 2011/2012 pdf icon PDF 46 KB

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Council considered this item.

Cllr Fox proposed the council adopt the first schedule of meetings and asked members to note the second schedule of meetings which were a possible schedule if the overview and scrutiny committees were changed.

It was noted that there was a provisional extra council date in case the election of the Leader could not be resolved at the first meeting.

Cllr Cluer suggested that the first council meeting be changed to allow five clear days for nominations for the leader. It was noted that the alternative would be to amend the time provided in the proposed amendments to the constitution.

RESOLVED that Council:

·                    approve the Schedule of Meetings 2011/12 which gave details of the schedule of meetings with the current structure of the Overview and Scrutiny Committees.;

·                    agree to the proposed amendments to the scheduled Council meetings in May 2011;

·                    agree to the principle of the inclusion of the establishment of a Licensing Committee upon the agenda for the first meeting of Council after the 5 May election prior to Annual Council; and

·                    note the alternate Schedule of Meetings if four Overview and Scrutiny Committee meetings of equal size were established and agree in principle to this schedule if  this structure for Overview and Scrutiny was agreed at a later date by Council.



·                    Approval of the Schedule of Meetings will ensure that Council business is conducted efficiently.

·                    Approval of the amendments to the current schedule of Council meetings in May 2011 will allow Council time to agree a new strong Leader.

·                    A Licensing Sub-Committee meeting may be needed before Council has appointed Members to this Committee and therefore proposed appointments are required prior to this date.



11/99 - Review of Polling Places pdf icon PDF 40 KB

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Council considered this item. Cllr Tom Fox proposed the recommendations be agreed and this was seconded by Cllr Bastiman

RESOLVED that the Whitby Tourist and Visitor Centre Langbourne Road, Whitby be designated as the polling place for Polling District VA (Streonshalh).


To comply with the requirements of the Representation of the People Act 1983.



11/107 - Revisions to the Constitution pdf icon PDF 51 KB

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Council considered this item. Cllr Fox proposed that council agree to the recommendations but with and amendment to the time between nominations for Leader and the full council meeting. The Head of Legal and Support Services, Mr Anderson stated that there could now only be 1 day from nominations to the council meeting. Therefore the number of days stated in the constitution would need to be reduced. Mr Anderson also stated that on page 175 that was a typographical error in that the paragraph relating to the delegation of responsibilities to the Head of Finance and Asset Management. The sentence “The administration of Council tax mandatory and discretionary relief, within approved Council policy” should read “The administration of mandatory and discretionary business rates relief, within approved Council policy.”

Cllr Dixon asked for clarification of how the changes to the dates of the council meetings would work as nominees could circulate a statement prior to the meeting. He asked if there would be time to circulate this statement before the council meeting.

Mr Anderson indicated that any nominations and statements would have to be received and circulated on the day before the Council meeting which was set for the Tuesday. Cllr Fox stated that these were the time constraints that the council had to work with and that councillors who were thinking of standing for election as Leader should be writing their statement now.

Council agreed to the proposed amendments allowing for receipt and circulation of nominations the day before the Council meeting to appoint the Leader and the proposed changes to the delegation to the Head of Finance and Asset Management.


The following Changes to the Constitution be approved to provide for the situation following the reduction in Heads of Service (with effect from 1 April 2011) and the May 2011 election:

(a)               The amendments to the Council Procedure Rules relating to the appointment of the Leader identified at Appendix 1 of the report be approved, but amended to allow for the receipt and circulation of nominations the day before the Council meeting to appoint the Leader;

(b)               the amendments to Article 7 relating to the role of the Executive identified at Appendix 2 of the report be approved;

(c)               the amendments to the Scheme of Delegation to Individual Cabinet Members (Schedule 2) and the Scheme of Delegation to Officers (Schedule 3) identified at Appendix 3 of the report be approved (with effect from 1 April 2011), with the delegation to the Head of Finance and Asset Management at Appendix 3 amended to refer to mandatory business rate relief rather than council tax relief;

(d)               the consequential and clarifying amendments to Articles 4 and 8, and 10 at Appendix 4 of the report be approved;

(e)               the amendments to the Access to Information Rules at Appendix 5 of the report relating to the management of exempt information be approved;

(f)                 the amendments to the Additional Overview and Scrutiny Committee and Area Committee Rules identified at Appendix  ...  view the full minutes text for item 7g


11/114 - Licensing: Schedule 3 of The Local Government (Miscellaneous Provisions) Act 1982 pdf icon PDF 44 KB

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Council considered this item. Cllr Tom Fox proposed the recommendations be agreed and this was seconded by Cllr Bastiman.

RESOLVED that Council:

1.         agree to adopt the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009 and to undertake the regulation of lap dancing establishments under the Local Government (Miscellaneous Provisions) Act 1982 with effect from 1 April 2011;

2.         re-affirm adoption of the Local Government (Miscellaneous Provisions) Act 1982 insofar as it relates to the regulation of licensable activities under that act, namely street trading, refreshment premises and acupuncture, tattooing, ear-piercing and electrolysis;

3.         publish notice confirming the decisions of Council in relation to the adoption of the provisions of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) in the Scarborough Evening News and the Whitby Gazette on two consecutive weeks in accordance with the requirements within the legislation.


To provide the Council with the wider powers available under the provisions of the LG(MP) Act 1982 to regulate lap dancing establishments.




11/100 - Service Performance Overview and Scrutiny Committee - Revised Final Report of the Street Trading Task Group pdf icon PDF 46 KB

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Council considered this item. Cllr Jim Preston proposed the recommendations be agreed and this was seconded by Cllr Ridley.


(i)         the current schedule of controlled streets be revised to include all public highways within the Borough;

(ii)        the revised schedule also include those roads, footways, beaches or other areas to which the public have access without payment;

(iii)       the designation of all the areas/streets listed in the schedule to the report be ‘Consent’ streets;

(iv)       the formal process to make the necessary designation order be commenced as soon as possible, with a view to having the order approved before the summer season;

(v)        based on the necessary involvement of both Licensing and Regeneration, officers consider the most appropriate way of administering the Borough-wide designation of ‘Consent’ streets and areas and advise Members in due course;

(vi)       officers review the fee structure for street trading consents taking account of the findings of the Task Group and report back to Members with a recommended fee structure;

(vi).      the fee structure include cover for the administrative costs of the scheme, site supervision, management of pitches and support for Council activities ancillary to the street trading activities (eg promotional events);

(viii)     the Borough Council continue to press the Government for changes to the law on peddling and continue to work with the Police to improve existing controls; and

(ix)       the transfer of the highway amenities function completely to the County Council on 1 April 2011 be noted.


To ensure that the Borough Council makes optimum use of the Local Government (Miscellaneous Provisions) Act 1982 across the Borough both to help regulate and promote street trading as appropriate, whilst noting that the regulation of café amenities in the Scarborough urban area falls to the County Council from 1 April 2011.


11/80 - Disabled Facilities Adaptations Policy pdf icon PDF 39 KB

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Council considered this item. Cllr Tom Fox proposed the recommendations be agreed and this was seconded by Cllr Bastiman.

RESOLVED that the adoption of the Disabled Facilities Adaptations Policy be approved.


This new policy is required to assist officers of the Council to interpret and implement legislation relating to the adaptation of homes for disabled people.




11/71 - Financial Strategy 2011 pdf icon PDF 54 KB

Updated Financial Strategy 2011 attached.

Additional documents:


It was noted that this had been agreed with item 6.

RESOLVED that Council:

·        approve the proposals set out in the report and

·        note the responses from the budget consultation.


Full Council must approve the 2011/12 budget and associated Council Tax level, which are incorporated within the Financial Strategy, at its meeting on 25 February 2011. It is important that the Council has consulted with the public and key stakeholders on its budget prior to it being approved, and has taken any feedback received from this consultation into consideration.



11/94 - The Policy Framework of the Council pdf icon PDF 44 KB

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Council considered this item. Cllr Tom Fox proposed the recommendations be agreed and this was seconded by Cllr Marsden.

RESOLVED that the overarching policy statements for:

·         Information and Communication Technology; and

·         Finance, Resources and Governance

be approved.


To provide a clear Policy Framework to assist with monitoring and improving Council performance.



Reports on Urgent Decisions in accordance with Access to Information Rule 16



To receive a statement by the Leader and deal with any questions arising from that statement pdf icon PDF 36 KB


The Leader informed council that there were 6 potential developers for the sports village. Competitive dialogue would start in Feb 2011. The aspiration was that the sports village be developed in 2014/15.

Cllr Fox stated that negotiations were very well advanced with the new owners of the Sands for the development of the water park. There was to be a special meeting on 24 March to consider the potential for extension of the development agreement to allow for this.

It was noted that the new owners had deposited in the Council’s bank account the original sums prescribed in the section 106 agreement with the Council but excluding the payment relating to education provision.  An application was being made to Planning Committee by Benchmark to vary the original s106 agreement.

The Leader noted that the Council had been advised by Apollo that the Open Air Theatre artists this year would include Michael Ball, an 80s night and last night of the proms.  Dame Kiri Te Kanawa had asked to return and there were discussions with two other major artists.

Cllr Watson stated that the progress on development of the water park was good news.

The Leader stated that work was still underway for a the Local Enterprise Partnership for the coast and the York and North Yorkshire Local Enterprise Partnership had been set up.



To receive statements from each of the Cabinet Members and deal with any questions arising from those statements pdf icon PDF 49 KB

Additional documents:


Cllr Backhouse presented his statement to council and answered members questions.

Cllr Simpson presented his statement. There were no questions

Cllr Popple presented his statement and answered members questions. Cllr Fox endorsed Cllr Popple’s statement regarding wind farms and thanked Cllr Bastiman and Mr Archer for their work on this.

Cllr Bastiman presented his statement and answered members’ questions.

Cllr Dixon presented his report and answered members’ questions.

Cllr Kenyon presented her report. There were no questions.

Cllr Marsden presented her report. There were no questions.

Cllr Jefferson’s statement was not available for the council meeting. It was therefore agreed that this would be circulated to members after the meeting and members could ask questions on this statement at the council meeting in March 2011.


To receive Minutes of the Council's Executive and Committees published since Council last met and appended hereto