Agenda and minutes

Council
Monday, 7th January, 2019 2.00 pm

Items
No. Item

Mayor's Opening Remarks

The Mayor invited all those present to stand in silence as a mark of respect following the recent death of former councillor, Ms Mary Helliwell.

 

 

1.

Declarations of interests. pdf icon PDF 43 KB

Minutes:

Councillor Smith declared a personal interest in agenda item 10, Scarborough Museums Trust Collections Policy (18/284) since he had been appointed by the Council as a Director on the Board of Scarborough Museums Trust.

 

 

2.

Apologies for Absence.

Minutes:

See above.

 

 

3.

Minutes of the meeting of the Council held on 5 November 2018 to be read or taken as read as the case may be. pdf icon PDF 111 KB

Minutes:

RESOLVED that the minutes of the meeting held on 5 November 2018 be taken as read and signed by the Chairman as a correct record.

 

 

4.

To consider any announcements by the Chief Executive

Minutes:

There were no announcements.

 

 

5.

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

Minutes:

The Chief Executive reported that no questions had been received.  The Monitoring Officer and Director, Mrs Dixon advised that a member of the public had requested to ask a question at this meeting, but since there was currently no provision for public questions at full Council meetings, the individual had been referred to their ward councillors to put the question on their behalf.  However, Mrs Dixon was willing to review the current arrangements through the Governance Working Group should Members be so minded.

 

 

6.

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

6a

Progress of scrutiny of executive decisions - Objections/amendments to the proposed introduction of Residents' Parking Concessions on off-street car parks in the Borough pdf icon PDF 45 KB

To consider the Cabinet’s recommendation that:

(i)            The Council implements the proposed residents car parking discount scheme for a trial period of 12 months from 1 March 2019.  This would be at an estimated cost of £84k to be funded from the predicted 2018/19 outturn underspend.

(ii)          The proposal to implement the winter charging scheme is deferred

(iii)         The Chair of the Overview and Scrutiny Board is requested to establish a Member/Officer Task Group to holistically review car parking charges in the context of the Council’s budgetary pressures, and the outcomes of the implementation of the residents car parking discount scheme, specifically the impact on the future Town Centre Strategy.  The Task Group would be mindful that the cost of implementing the residents car parking discount scheme for 2019/20 is estimated to be £84k and that funding would be provided for one year, and therefore the Overview and Scrutiny Board’s recommendations must look to bridge the funding gap plus any other budgetary pressures to ensure future financial sustainability.  Further, the Overview and Scrutiny Board would be required to report to the Cabinet with its recommendations before November 2019, to enable winter charging to be introduced in 2019/20 if required.

Background documents attached:

(i)            Extract minute of the Cabinet meeting dated 13 November 2018

(ii)          Minutes of the Overview and Scrutiny Board meeting dated 12 November 2018

(iii)         Extract minute of the Cabinet meeting dated 16 October 2018

(iv)         Objections/amendments to the proposed introduction of Residents’ Parking Concessions on off-street car parks in the Borough (Report of the Director (LD) reference 18/237)

 

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  The Portfolio Holder for Leisure, Councillor Smith proposed an amendment to the recommendations that, given the time that had elapsed since this matter was considered by the Cabinet and Overview and Scrutiny Board, the start date for the implementation of the residents car parking discount scheme move from 1 March to 1 April 2019.

RESOLVED that:

(i)            The Council implements the proposed residents car parking discount scheme for a trial period of 12 months from 1 April 2019.  This would be at an estimated cost of £84k to be funded from the predicted 2018/19 outturn underspend.

(ii)          The proposal to implement the winter charging scheme is deferred

(iii)         The Chair of the Overview and Scrutiny Board is requested to establish a Member/Officer Task Group to holistically review car parking charges in the context of the Council’s budgetary pressures, and the outcomes of the implementation of the residents car parking discount scheme, specifically the impact on the future Town Centre Strategy.  The Task Group would be mindful that the cost of implementing the residents car parking discount scheme for 2019/20 is estimated to be £84k and that funding would be provided for one year, and therefore the Overview and Scrutiny Board’s recommendations must look to bridge the funding gap plus any other budgetary pressures to ensure future financial sustainability.  Further, the Overview and Scrutiny Board would be required to report to the Cabinet with its recommendations before November 2019, to enable winter charging to be introduced in 2019/20 if required.

Reasons

·         To provide residents parking concessions on the Borough Council’s off street car parks and to encourage usage and longer stays to help support the local economy.

·         To assess the impact of the residents car parking discount scheme and to investigate and identify ways to make it financially sustainable

 

 

7.

Interim Review of Public Space Protection Order - Dog Control (18/303) pdf icon PDF 44 KB

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  Introducing the report, the Portfolio Holder, Councillor Chatt explained that this interim review had been triggered by particular concerns around the expansion of the seasonal dog exclusion zone on Whitby beach.  The revised PSPO had taken these concerns into account, but also, following further public consultation, had relaxed a range of other restrictions, which he and the Cabinet felt needed further examination, notably in relation to play areas.  Councillor Chatt proposed that this further review involve ward councillors, parish/town councils and other stakeholders.  Other Members commented on the report asking that the seasonal nature of the beach exclusions be reconsidered since children played in the sand on beaches all year round and noting that for play areas without perimeters or fences it was difficult to define the extent of the exclusion area.  Another Member commented  that the majority of dog owners were responsible and so should not be penalised for the anti-social actions of the few.  Councillor Chatt noted these points which would be taken into account in the further review work.

RESOLVED that the Council:

      I.        Approve the variation of the 2017 Dog Control Public Spaces Protection Order (‘the Order’) that the 2017 restriction for the Whitby beach area be reinstated, subject to no challenge being made during the expiry of the statutory appeals process;

    II.        Defer other proposed variations of the 2017 Dog Control Public Spaces Protection Order pending further examination; and

   III.        Approve a full consultation exercise on the entire Public Spaces Protection Order in Summer 2020, to include input from the Council’s Overview and Scrutiny Board.

 

Reasons

To ensure the Authority’s controls remain fair and proportionate and reflect both Council and the public’s priorities.

 

 

8.

Affordable Housing Supplementary Planning Document 2019 and Adoption (18/265) pdf icon PDF 41 KB

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  Introducing the report, the Portfolio Holder, Councillor Phillips proposed two further minor amendments to the Supplementary Planning Document which had come to light since the report was considered by the Cabinet and which would enable officers to request further information when undertaking viability appraisals if and when required, namely in Appendix 2:

·         A note added stating that The list of information required below under a Viability Appraisal is not exhaustive and further information may be required in certain instances

·         And a second addition stating in a footnote that In certain circumstances a cashflow sheet will be required to set out costs and revenues of the proposal over the duration of the build that clarifies the monthly and overall finance costs’.

Members commented on the report.  The Labour Group Leader, Councillor Siddons called on the Council to lobby central government about the problems caused by the government reducing the requirements on developers to provide affordable housing through national planning policy.  Councillor Randerson asked the Council to put pressure on developers to provide affordable housing for rent for which there was particular need.  Councillor Barnett urged a more imaginative approach by the Council, for example, to address the large numbers of second home holiday lets in Whitby, which other councils had adopted.  Councillor Phillips recognised the continuing acute need for affordable housing in the Borough, and although the definition, quantity and quality of affordable housing was identified in national planning policy, the Council would continue to monitor developers’ obligations to provide as much affordable housing as possible through the planning system.  She added that the Borough Council was no longer had its own housing stock, but would continue to support Beyond Housing and other social landlords to deliver more social housing.  Opportunities would also be taken to lobby central government about the housing shortages in the Borough.  Councillor Donohue-Moncrieff asked what the Council’s response was to the government’s decision in October to lift the borrowing cap to enable local authorities to build more homes.  Councillor Phillips undertook to provide Councillor Donohue-Moncrieff with a full written reply.

RESOLVED that the Council:

i)     Adopt the revised Affordable Housing Supplementary Planning Document (with the noted further amendments) and that the document is thereafter used in the determination of planning applications;

ii)    Amend the criteria for assessing persons who wished to be added to the self-build register as outlined above; and

iii)  Instruct that further research and consultation is carried out into the Discount Sales Market Housing product by Planning and Housing Services and further guidance on this be published as an addendum to the Affordable Housing SPD if necessary.

 

Reasons

Since the Affordable Housing Supplementary Planning Document (SPD) was updated and adopted earlier this year the NPPF has been revised. It is important that the SPD is a dynamic document that is updated as and when changes take place to national policy and  ...  view the full minutes text for item 8.

9.

Scarborough Museums Trust Collections Policy (18/284) pdf icon PDF 37 KB

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded.  Councillor Chance felt in relation to the disposal of items in the Museums Trust’s collection, that the Portfolio Holder should also sign off the disposal.  Other Members supported this amendment to the policy.

RESOLVED that, subject to the above amendment, the Council approve the revised Scarborough Museums Trust Collections Policy.

 

Reasons

To ensure the continuing prudent governance of the Borough’s Collection by the Museums Trust and adherence with Arts Council England’s (ACE) guidance on Collections Development (formally the Acquisition and Disposal) Policy.

 

 

10.

Polling District and Polling Place Review (18/294) pdf icon PDF 46 KB

Additional documents:

Minutes:

The recommendations in the extract minute from the Cabinet were proposed by Councillor Derek Bastiman and duly seconded. 

RESOLVED that the Council approve the proposed changes to Polling Districts and Polling Places as set out in Appendix I of the report.

 

Reasons

  • To allow the scheduled May 2019 local Borough Ward and Parish elections to go ahead

 

  • To allow implementation of changes made to the Council’s warding arrangements following a review by the Local Government Boundary Commission for England (LGBCE), approved by Parliament in August 2018

 

·         To comply with the statutory requirement under the Electoral Registration and Administration Act 2013 that every local authority must conduct a compulsory review of polling districts and polling places every 5 years.  The statutory period for doing this is between 1st October 2018 and 31st January 2020, but giving the above two points, it is pertinent that this be satisfied as part of the post LGBCE changes required.

 

 

11.

To consider the following motions of which due notice has been given in accordance with Paragraph 12.1 of the Council Procedure Rules:- pdf icon PDF 54 KB

Motion to declare a Climate Emergency and commit to action to achieve carbon neutrality

Proposer: Cllr Dilys Cluer

Seconder: Cllr Mark Vesey

 

Minutes:

 

The Council considered the following motion which was proposed by Councillor Cluer and seconded by Councillor Vesey:

 

Motion to declare a Climate Emergency and commit to action to achieve carbon neutrality

Full Council notes:

  1. Humans have already caused irreversible climate change, the impacts of which are being felt around the world. Global temperatures have already increased by 1 degree Celsius from pre-industrial levels. Atmospheric CO2 levels are above 400 parts per million (ppm). This far exceeds the 350 ppm deemed to be a safe level for humanity;
  2. In order to reduce the chance of runaway Global Warming and limit the effects of Climate Breakdown, it is imperative that we as a species reduce our CO2eq (carbon equivalent) emissions from their current 6.5 tonnes per person per year to less than 2 tonnes as soon as possible;1
  3. Individuals cannot be expected to make this reduction on their own. Society needs to change its laws, taxation, infrastructure, etc., to make low carbon living easier and the new norm;
  4. Carbon emissions result from both production and consumption;
  5. Scarborough Borough Council has already shown foresight when it comes to addressing the issue of Climate Breakdown, having signed the Nottingham Declaration on Climate Change, written an Environment Sustainability Policy and Action Plan, and having employed a Sustainability Officer and an Energy Manager for several years, leading to substantial improvements in energy use in our buildings.
  6. Unfortunately, our current plans and actions are not enough. The world is on track to overshoot the Paris Agreement’s 1.5°C limit before 2050;2, 3
  7. The IPCC’s Special Report on Global Warming of 1.5°C, published in the autumn of 2018, describes the enormous harm that a 2°C rise is likely to cause compared to a 1.5°C rise, and told us that limiting Global Warming to 1.5°C may still be possible with ambitious action from national and sub-national authorities, civil society, the private sector, indigenous peoples and local communities3;
  8. City Councils around the world are responding by declaring a ‘Climate Emergency’ and committing resources to address this emergency.4

Full Council believes that:

  1. All governments (national, regional and local) have a duty to limit the negative impacts of Climate Breakdown, and local governments that recognise this should not wait for their national governments to change their policies. It is important for the residents of the Borough of Scarborough and the UK that local authorities commit to carbon neutrality as quickly as possible;
  2. The consequences of global temperature rising above 1.5°C are so severe that preventing this from happening must be humanity’s number one priority; and,
  3. Bold climate action can deliver economic benefits in terms of new jobs, economic savings and market opportunities (as well as improved well-being for people worldwide).

Full Council resolves to:

  1. Declare a ‘Climate Emergency’;
  2. Pledge to do everything within the Council's power to make the Borough of Scarborough carbon neutral by 2030.
  3. Call on Westminster to provide the powers and resources to make the 2030 target possible;
  4. Work with other governments (both  ...  view the full minutes text for item 11.

12.

To receive a statement by the Leader and deal with any questions arising from that statement. pdf icon PDF 41 KB

Minutes:

Councillor Derek Bastiman presented his Leader’s statement also providing updates on the Review of Local Enterprise Partnerships and regional devolution.  He advised that York, North Yorkshire and East Riding Enterprise Partnership was in early discussions in respect of merging with Leeds City Region Enterprise Partnership, and he would strive to ensure that the east coast continued to be represented on the new LEP.  He added that 18 Council Leaders across the county were still pressing the Government for a One Yorkshire devolution deal; however, the Government’s preference was for devolution deals for the four cities of Leeds, York, Hull and Sheffield.  Members then put questions to the Leader about Business Rate Relief support to shops in Scarborough town centre, why the opposition group was not invited to the recent Select Committee visit, and what support at Director and Cabinet Member level would now be given to ensure the Climate Emergency motion was implemented as a priority.  Councillor Bastiman responded that he was more than happy to consider applications for non-domestic rate relief from other businesses, noting that the extent and definition of Scarborough town centre was currently under review.  He apologised to Councillor Siddons that the opposition group was not invited to the Select Committee visit, but he was not responsible for the invitations.  Councillor Bastiman also confirmed that he would be meeting with officers to consider the implementation of Councillor Cluer’s motion.  Councillor Donohue-Moncrieff asked the Leader to justify why it required himself, the Chief Executive and two other individuals from the Borough Council to travel to Paris to be guests of Welcome to Yorkshire at the Tour de France finish at a cost of £2319.42 and why this was not declared at the last Council meeting when the discussion about the Tour de Yorkshire took place.  She also asked the Leader to explain why he accepted hospitality at York Races from a gambling company Skybet given the immense damage caused by gambling in the Borough, quoting the recent resignation letter of Sports Minister Tracey Crouch in respect of fixed-odds betting machines.  Councillor Donohue-Moncrieff added that the Leader stated that he networked with MPs and other leaders and businessmen. Who were these individuals? Did they have any interests in the Borough of Scarborough?  Referring to the investigation of a potential breach of Data Protection in relation to the email sent in October to all councillors regarding the individuals listed as unreasonable complainants, Councillor Donohue-Moncrieff also sought assurance that the leak had not come from either of the two Cabinet members Nigel Ward of North Yorkshire Enquirer claimed to have regular contact with, or indeed from the Leader himself who was rumoured to have met with Mr Ward in person.  Councillor Bastiman responded that the positions of Leader and Chief Executive regularly required them to attend a range of events in an ambassadorial and social capacity to promote the interests of the Borough, network and develop relationships which often resulted in economic investment and creating future events in the Borough.  ...  view the full minutes text for item 12.

13.

To receive statements from each of the Cabinet Members and deal with any questions arising from those statements. pdf icon PDF 69 KB

Additional documents:

Minutes:

Councillor Chatt presented his statement as Portfolio Holder for Public Health and Housing highlighting the excellent work undertaken by the White Rose Home Improvement Agency in Scarborough and Ryedale.  Members then put questions to Councillor Chatt about whether the opportunity had been taken during ongoing works on the Spa Footbridge to protect the structure against nesting gulls, the similar need to proof St Thomas Hospital, certification available to property owners in the selective licensing scheme and raising public awareness around recycling so as to reduce contamination of blue bins.  In reply, Councillor Chatt commented that Borough Council officers had held discussions with County Council officers several years ago about proofing the Spa Footbridge, but it was felt that doing so would displace the nesting kittiwakes, which were currently identified as a conservation priority, to another part of the town.  Local County Councillor Janet Jefferson added that she had also requested that the footbridge be proofed but had not obtained a response.  Councillor Chatt recognised the similar issue at St Thomas Hospital which he referred the Portfolio Holder for Transformation, Councillor Phillips.  In respect of the selective licensing scheme, Councillor Chatt commented that compliant landlords were issued with certificates; however, unlike with Houses in Multiple Occupation, there were no common areas in which to display the certificate.  He also distinguished between compliance with the scheme (a minimum achieved after an inspection) and accreditation through the National Landlords’ Accreditation Scheme which the Council supported and promoted to landlords.  Councillor Chatt acknowledged that educational stickers on blue bins needed to be reviewed in the coming year.

 

Councillor Cockerill presented his statement as Portfolio Holder for Major Projects adding an update on the Whitby Piers project.  Members were advised of Councillor Cockerill’s extreme dissatisfaction with the quality and appearance of the parapet wall adjacent to the link bridge to the West Pier Extension which had been rebuilt as the first part of the project.  He reassured Members that the contractors shared his view and would be working now to improve the visual aspect of the wall appropriate to its heritage status and location.  If these works failed, then the wall would have to be demolished and rebuilt.  Members thanked Councillor Cockerill for his intervention in this matter which had caused much anger in Whitby and asked how it was allowed to happen.  Councillor Cockerill reassured the meeting that the project would continue to be closely monitored.  In reply to Members’ questions, he confirmed that Staithes Harbour Commissioners would be consulted on the Staithes Coastal Defence Strategy and provided an update on the South Bay Chalets: consultants, Royal Haskoning had been engaged to undertake the design of the work necessary to stabilise the area and would act as Project Manager.  They had been in discussions with a contractor with the aim of demolishing the chalets early February - the first phase.  Royal Haskoning would consider various methods to stabilise the area and construct a new wall.  It was likely that a listed planning application would  ...  view the full minutes text for item 13.

14.

To receive a statement from the Chair of the Overview and Scrutiny Board and deal with any questions arising from that statement pdf icon PDF 62 KB

Minutes:

Councillor Colling presented her statement as Chair of the Overview and Scrutiny Board.  There were no questions.

 

 

15.

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

Minutes:

RESOLVED that the minutes of the meetings be received.