Agenda and minutes

Monday, 30th April, 2007 2.00 pm

Venue: Town Hall, St Nicholas Street, Scarborough

Contact: Gill Wilkinson 

No. Item


Declarations of interests.


Councillor Allanson declared a personal and prejudicial interest in item 8b – Change Management Strategy as he had a relative who worked for the Council.


Apologies for absence.


Apologies were received from Councillors Bastiman, Mrs Bosomworth, Plant, Simpson and Oxley.

Councillors Watson and Mrs Harland indicated that their intention to attend but both would be late for the meeting.


Minutes of the meeting of the Council held on 26 February 2007 to be read or taken as read as the case may be. pdf icon PDF 80 KB


RESOLVED that the minutes be agreed as a correct record and signed by the Mayor.


To consider any communications received by the Chief Executive.


No communications were received.


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


No questions were submitted.


To receive a statement by the Leader and deal with any questions arising from that statement. pdf icon PDF 16 KB

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The Leader presented his annual statement and a statement of his activities since the last meeting, and answered questions arising.

The Leader thanked those councillors who would not be standing at the next election.

As an emerging issue Councillor Miss Kenyon moved that standing orders be suspended to enable the presentation of a motion that was not on the Council agenda in connection with Whitby Marina.  This motion was seconded by Councillor Broadley.  A number of Members spoke both for and against suspension.

Councillor Broadbent spoke against the motion and suggested that suspending procedure rules would create a mockery of the constitution.

Councillor Murphy spoke for the motion and argued that where people approached the Council and asked that a decision be reviewed it was appropriate that the Council should listen to that request. 

The recorded vote was called for, and the required number of Members having supported the request the motion was put. The vote was 21 for and 21 against recorded as follows:


Councillor Allanson, Backhouse, Booth, Broadley, Chatt, Mrs Christon, Mrs Clegg, Dixon, Fox, Haddington, Jeffels, Mrs Jefferson, Miss Kenyon, Mrs Marsden, Miller, Mrs Mortimer, Murphy, Popple, Preston, Tindall (casting vote), Mrs Turner.


Councillors Billing, Blackburn, Broadbent, Bull, Cartwright, Chambers, Cullern, Mrs Haycock, Kelly, Miss Kettlewell, Mrs Lynskey, McDonald, Mrs Mallory, O’Flynn, Pearson, Mrs Preston, Ridley, Smith, Stubbs, Mrs Vickers, Warburton.

The Mayor having voted in favour of suspension of Council Procedure Rules, his vote operated as the casting vote and the motion was passed.

Councillor Kenyon then moved a motion that:

“(a)      the construction of the proposed Marine Resource Centre at Whitby Marina be halted for a period of four weeks following public concern arising from the grant of planning consent for amendments to the scheme; 

(b)       that within that period there be a review of the proposed amendments to the development and following that review, if appropriate, submission of a revised planning application subject to the full statutory process and procedures; and

(c)        the planning consent granted by the Planning and Development Committee of the Council be not implemented pending completion of that review.”

The motion was seconded by Councillor Broadley.

Councillor Mortimer then moved a motion that the motion that was to be proposed be not referred to officers to prepare a report to Cabinet but debated immediately.  The motion was seconded by Councillor Broadley and passed unanimously.

The Council debated the motion.

The Strategic Director of Corporate Services gave advice that any delay beyond four weeks would prejudice the external funding provided for the scheme.

The Head of Planning Services advised that if a new planning application was submitted it would be subject to a 13 week consultation period prior to it being considered by Committee.

A large number of Members spoke with speeches being made both for and against the motion.

Councillor Kenyon stated that the final plans for the development were so markedly different from the 2005 plans that had been out to public consultation that the people  ...  view the full minutes text for item 6.


To receive statements from each of the Cabinet Members and deal with any questions arising from those statements. pdf icon PDF 22 KB

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The other Cabinet Members each presented their annual statement and a statement of their activities since the last meeting and answered questions arising.


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


HTLS/07/07 - A Draft Play Strategy for Scarborough Borough pdf icon PDF 16 KB

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(i)            Council approve the final strategy subject to the amendment of policy to include:

1.         In the 2007 Action Plan the Glen Gardens play area, main partner to be Big lottery support, and links to strategic aims 1 and 2.

2.         In the 2008 Action Plan the Filey multi use games area, main partner yet to be identified, and links to strategic aims 1 and 2.

3.         Reference to section 17 of the Crime and Disorder Act 1998 in section 3 of the Strategy, ‘the Strategic Context’.

(ii)        a bid for £250,000 be submitted to the Big Lottery Fund to improve play provision and, subject to a successful application, that external funding from the Big Lottery Fund be accepted by the Council, subject to consideration of the terms of the grant by the Head of Legal and Democratic Services in consultation with the Head of Tourism and Leisure Services.


To enable the council to make a formal application to the Big Lottery Fund, Children’s Play Programme.


SDCS/07/21 and HR/07/4 - Change Management Strategy pdf icon PDF 19 KB

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Councillor G Allanson declared a personal and prejudicial interest in this item as he was related to a Council employee and left the room.


·        Council agree the adoption of a Change Management Strategy and supporting policies and procedures and to exercise its discretion under the 2006 Compensation Regulations; and

·        approves the proposed changes to the Council’s Constitution, as set out in Appendix F to the report.


A Change Management Strategy and supporting procedures are required to provide clarity and guidance to all stakeholders involved in the Council’s drive to modernise and deliver high quality services.

Each of the key documents have been reviewed to bring them into line with the Council’s corporate priorities, ensure links to the financial strategy, and ensure the Council complies with statutory requirements.


HPlg/07/44 - Scarborough Borough Local Plan - Policies proposed to be saved under the Planning and Compulsory Purchase Act 2004 pdf icon PDF 13 KB

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RESOLVED that Council approve the recommendation to the Secretary of State that:

(i)         The following policies of the Scarborough Borough Local Plan beyond 27 September 2007:

E1-E3, E5-E7, E11, E12, E14, E18, E23, E27, E34-E36, E39, I2, I4-I6, I8-I10, L1, L4-L7, L9, L12, L13, L15, L16, H1, H2-H5, H9-H12, H14, H15, H17, I1, S1, S4, S5, S7-S13, S13A, S14, S16, S17, S20, T1, T5, T6, T9, R1-R3, R5A, R6-R8, R10, C1, C2, C6, C7..


The Planning & Compulsory Purchase Act 2004 saved the policies within the existing Borough Local Plan for a period of 3 years from enactment.  This period ends on 27 September 2007.  The Council have been instructed by Government Office for Yorkshire and The Humber (GOYH) to submit a statement by 31 March 2007 setting out which policies the Council wish to see retained and those that can be deleted.  The recommendation indicates those policies it is considered should be saved.


HPlg/07/55 - Adoption of the Scarborough Borough Council Statement of Community Involvement for Planning pdf icon PDF 12 KB

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(i)         The recommended alterations and additions contained in the report of the Planning Inspector appointed to examine the submission Statement of Community Involvement be approved; and

(ii)        The Statement of Community Involvement as amended by the Planning Inspector be recommended to Council for adoption.


The production of the Statement of Community Involvement (SCI) is a statutory requirement of the 2004 Planning Act. The Borough Council have progressed this document from an initial scoping exercise to submission to Government in July 2006. The Planning Inspector has examined the SCI and, subject to minor modifications, has found it to be sound. The adoption of the document will fulfil the Councils requirement to set out and adopt good practices to improve community engagement in the planning process.


HLDS/07/023 - Revisions of the Standards Code of Conduct pdf icon PDF 19 KB

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(a)            Council adopts the new Code of Conduct for Members with consequent amendments to the Constitution identified at Appendix 1, subject to and including amendment of the provisions in relation to:

(i)         the disclosure of confidential information, namely to indicate that albeit that a Member contemplating disclosure of confidential information must consult the Monitoring Officer, that Member is not obliged to follow the advice given by the Monitoring Officer and

(ii)        the declaration of an interest arising from Membership of or position of management or control in a body exercising functions of a public or charitable nature or seeking to influence public opinion to require declaration of that interest at the point that the meeting considers that matter

(b)            approve the revised Guide to Standards Investigations appended as Appendix 2;

(c)        note the draft revised form for notification of Member interests at Appendix 3;

(d)       to recommend that the General Principles of Public Life not be incorporated into the Council’s Constitution.


The Government require Councils to adopt a revised Code of Conduct.  The relevant order (The Local Authorities (Model Code of Conduct) Order 2007) was made on 4 April 2007 and must be implemented within six months of that date.  Consequently amendments to the current code are required together with revised guidance upon Standards Investigations.


HEngH/07/26 - Option Appraisal for West Pier, Scarborough Harbour pdf icon PDF 40 KB

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Cabinet debated this item.

RESOLVED that the Council :

(i)            receive the report;

(ii)            approves the recommendations of the Projects and Partnership Overview and Scrutiny Committee (report reference SCR/07/06 refers) namely:

            (a)            to support the principles of the option identified as Option B;

(b)       approve appropriate Officer time and feasibility monies to allow Option B to be moved on to the next stage of detail including consideration of allocation of space for uses, viability issues etc;

(c)        the West Pier Task Group be reconvened in the next electoral cycle to assist the process as outlined above and to monitor progress; and

(iii)            request the Head of Engineering and Harbour Services to submit a bid to the appropriate meeting of the Capital Strategy Steering Group for further feasibility monies to enable the preferred Option B to be developed to the next stage of detail, including consideration of allocation of space for uses, viability etc.

Reasons for Decision

In order to develop the option for the West Pier redevelopment in accordance with the recommendations of the Projects and Partnership Overview and Scrutiny Committee of 26 March 2007.


HPlg/07/82 - Supplementary Planning Documents - Travel Plans and Transport Assessment pdf icon PDF 22 KB

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RESOLVED that Council agree that:

(i)         the proposed amendments to the draft Supplementary Planning Documents on Travel Plans and Transport Assessments arising from public consultation be agreed, covering:

(a)            the length of time for implementation of Section 106 contributions;

(b)            the requirements for a transport statement;

            (c)            thresholds for the submission of transport assessments; and

(d)            minor clarifications within the text; and

(ii)        the Travel Plan and Transport Assessment Supplementary Planning Documents as amended be recommended to Council for formal adoption.

Reason for Recommendation

Public consultation has improved and clarified the content of these documents.  Adoption of the Supplementary Planning Documents will assist the Council in its aim of promoting more sustainable forms of travel, enhancing accessibility and minimising the environmental impact of car travel by reducing congestion and improving air quality.


HPlg/07/83 - Review of Scarborough Borough Local Development Framework Affordable Housing Supplementary Planning Document pdf icon PDF 24 KB

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RESOLVED that the Cabinet Member recommend to full Council that:

(i)         the Scarborough Borough Local Development Framework Draft Affordable Housing Supplementary Planning Document (2007) be published for consultation setting out proposals to increase the number of housing developments that will be expected to incorporate elements of affordable housing and increase the proportion of affordable housing to be negotiated on those sites;

(ii)        the draft Supplementary Planning Document forms the basis for negotiations on residential schemes where a decision will be made after the proposed adoption of the document in September 2007; and

(iii)       the option for implementing a ‘local occupancy’ housing policy approach within the Local Development Framework be re-consulted upon alongside the draft Supplementary Planning Document.

Reason for Recommendation

Monitoring of housing trends and consultation over the past two years on the Local Development Framework Core Strategy and the Community Strategy has confirmed the need to increase significantly the supply of affordable housing.  The planning system is one of the principal means of increasing that supply, through S106 agreements related to planning applications for housing.

Ultimately, the LDF Core Strategy will include new policy on the negotiation of affordable housing, but this a lengthy process and it will be some time before it is formally adopted.

In the meantime, every opportunity has been taken to increase the requirements for affordable housing when changes in national or regional guidance have allowed.  Circumstances have changed again with the publication of PPS3 ‘Housing’, the Regional Spatial Strategy Panel’s report on the Examination in Public  (RSS EIP) and the completion of the Borough wide Housing Market Assessment.  In consequence, the Affordable Housing SPD has again been updated as a basis for public consultation.

To maximise the amount of affordable housing negotiated using the new SPD, its provisions should be brought into effect as soon after adoption as possible.

Within the rural areas of the Borough, there is concern that new housing should be targeted at local residents’ needs.  Further consultation on such ‘local occupancy’ housing will help inform the Core Strategy.


HEngH/07/27 - Improving Transport pdf icon PDF 47 KB

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RESOLVED that Council agree that:

(i)         the report be received;

(ii)            approval be given to the recommendations of the Corporate Strategy Overview and Scrutiny Committee (report ref. SCR/07/02 refers) namely:

(a)       that a project team be established and include representation from:

· Network Rail

· First Transpennine

· Northern Trains


· Arriva

· Yorkshire Coastliner

· Town Team

· Civic Society

·        Forum for Tourism

· Scarborough and District Taxi Association

· NYCC Passenger Transport Group

· This Scrutiny Task Group

· SBC Planning (including Conservation), Economic Regeneration, Traffic & Transportation

(b)       that the project team address the following areas for improvement:

·clearer separation between pedestrians and vehicles at the front of the Station;

·the provision of dedicated taxi facilities, off the forecourt, either on Westborough to the west of the bus stops, or preferably at the rear of the buildings by adaptation of the existing sheds;

·the opening-up of the views of the south elevation of the main station buildings, by removal of the disused public conveniences on the Valley Bridge Rd frontage, removal/alterations to the old sheds, and re-working the area to provide a new entrance/exit for taxis/cars;

·the provision of a covered pedestrian access from the car park at the rear onto the Station platforms, to encourage modal transfer;

·provision of cycle facilities, including storage and cycle hire;

·improved tourist information, by provision of a tourist information centre at the front of the Station, which will also provide transport information for rail/bus/taxis/Park and Ride;

·dedication of the present forecourt to pedestrian use, including re-paving and environmental improvements;

·removal of the flowerbeds to open up the area and promote visibility of public transport;

·reconstruction of the bus stopping area on Westborough to provide additional stops to modern standards, and alterations to the highway to allow turnaround of services if necessary;

(c)        that funding be provided in the next financial year to cover the establishment and work of the project team and in order for this to occur, that the Head of Engineering and Harbour Services submits a bid to the appropriate meeting of the Capital Strategy Steering Group.

            Reason for Recommendation

To allow the works suggested by the Corporate Strategy Overview and Scrutiny Committee to be pursued.


HLDS/07/24 - Sustainable Procurement of Food and Beverages pdf icon PDF 25 KB

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Council debated this issue.

RESOLVED tha Council agree that:-

(i)         the Scrutiny Task Group report be received and the following recommendations be approved:-

Recommendation 1

That Fairtrade tea, coffee, hot chocolate and sugar be made available for sale to the public by Scarborough Borough Council Catering Services from Council owned premises, in place of the non-Fairtrade products currently served, as soon as is practicable.

Recommendation 2

That only Fairtrade tea, coffee and sugar be provided at official Scarborough Borough Council meetings where the meeting is held on Council owned premises.

Recommendation 3

That Fairtrade chocolate and snack bar products be offered for sale following completion of the new tender contract together with traditional non-Fairtrade snack bars via vending machines installed on Council premises.

Recommendation 4

That Fairtrade drinks be supplied via the vending machine as soon as it is contractually and technically possible.

Recommendation 5

That future tender procedures incorporate a weighted assessment to ensure that the use of local food, Fairtrade products and other sustainability issues are evaluated and considered in the tendering process.

Recommendation 6

That future tender processes proactively enable small local businesses to put themselves forward for consideration, eg by splitting contracts into smaller lots and by organising pre-tender workshops for potential suppliers.

Recommendation 7

That non-financial support and publicity be given to the Scarborough Fairtrade Action Group and the Scarborough Local Food Group to help generate interest and awareness. This could include, for example, including articles in the Borough News, or displaying the local Fairtrade Group’s leaflet and the Local Food Guide on the availability of local food in Council premises such as the Customer First Centre.

Recommendation 8

That relevant information be published to the Spa website as part of the website redevelopment project, currently scheduled for later in the year, and consideration be given as to whether the addition of the information to the Community website is appropriate and achievable once the website is launched in late spring.

Recommendation 9

That the potential for an “open day” for suppliers and buyers, which could be held at the Scarborough Spa Complex in the autumn of 2007 to help with the promotion of local food use, be further investigated.

Recommendation 10

That the potential for a “Yorkshire Market” be investigated in future.

Recommendation 11

That at least one Member of the Corporate Strategy Overview and Scrutiny Committeeis involved in drawing up the criteria for new tender contracts and in the tender evaluation process to ensure ongoing Member involvement.

Recommendation 12

That a further report be brought to the Corporate Strategy Overview and Scrutiny Committee in the Spring of 2008 to appraise the success of this review and to receive information on progress regarding the tenders for contracts beginning in the Summer 2008.  A “before and after” analysis of procurement, using the documents drawn up under recommendation 11, should be included in this report.

Recommendation 13

That further reviews of the whole sustainableprocurement issue be undertaken in future, e.g. a review of stationery  ...  view the full minutes text for item 8j


HEHS/07/038 - Projects and Partnerships Overview and Scrutiny Committee - Affordable Housing Task Group Recommendations pdf icon PDF 22 KB

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Cabinet debated this report and it was noted that Councillor Popple had worked extremely hard on this issue. Officers of the council were also thanked for their work on this.

RESOLVED that the Cabinet member recommends to Council that:-

(i)            Council notes the recommendations of the Projects and Partnerships Overview and Scrutiny Committee in relation to Affordable Housing; and

(ii)            Council agrees that on receipt of the final Audit Commission report on the Countywide Review of Affordable Housing, the Heads of Environmental Health, Planning and Property Services draw together the Overview and Scrutiny Committees recommendations, along with those of the Audit Commission and prepare a report setting out a detailed action plan for consideration by Cabinet.

Reasons for Decision

To secure additional affordable homes in the Borough.


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


It was noted that the Borough had been selected as the pilot authority within North Yorkshire for the introduction high speed broadband internet which would prove a significant boon for development within the Borough. The Chief Executive was thanked for his work on gaining this advance for the borough.

Officers and members of the Audit committee and in particular Councillor Lynskey were thanked for their hard work.

Councillor Watson thanked the members and supporting officers of the Licensing Committee.

Councillor Jefferson thanked the members of the Corporate Strategy Overview and Scrutiny Committee.

RESOLVED That the minutes be received.


Individual Cabinet Member Decisions pdf icon PDF 48 KB

To note a synopsis of all the Individual Cabinet Member decisions (Reference CE/07/11 attached).


The Mayor thanked all the members of the council for their hard work and wished them well for the forthcoming elections.

Councillor Allanson, on behalf of the council thanked the Mayor for his chairing of the council meetings.

RESOLVED that the decisions be noted.