Agenda, decisions and minutes

At this point in the meeting, Members are asked to declare any disclosable pecuniary interest or other registerable interest they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests.

The Executive Member was asked to declare, at this point in the meeting, any personal interests, not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests that he might have had in respect of business on the agenda. He confirmed he had none.

To consider the exclusion of the press and public from the meeting during consideration of the following:

Annexes A and annexes D and E for Agenda Item 5 on the grounds that they contain information relating to individuals and the financial affairs of particular persons. This information is classed as exempt under paragraphs 1, and 2 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

Resolved: That the press and public be excluded from the meeting during the consideration of annexes D and E for Agenda Items 5 minute 63 on the grounds that they contain information relating to individuals and the financial affairs of particular persons. This information is classed as exempt under Paragraphs 1 and 2 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by the Local Government (Access to Information) (Variation) Order 2006).

To approve and sign the minutes of the meeting held on 21 February 2023

Resolved:  That the minutes of the Decision Session of the Executive Member for Transport held on 21 February 2023 be approved and signed by the Executive Member as a correct record.

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the Committee.

Please note that our registration deadlines are set as 2 working days before the meeting, in order to facilitate the management of public participation at our meetings. The deadline for registering at this meeting is 5:00pm on Friday 10 March 2023.

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form. If you have any questions about the registration form or the meeting, please contact Democratic Services. Contact details can be found at the foot of this agenda.

Webcasting of Public Meetings

Please note that, subject to available resources, this meeting will be webcast including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at www.york.gov.uk/webcasts.

During coronavirus, we made some changes to how we ran council meetings, including facilitating remote participation by public speakers. See our updates (www.york.gov.uk/COVIDDemocracy) for more information on meetings and decisions.

It was reported that there had been 10 registrations to speak at the meeting under the Council’s Public Participation Scheme.

Cllr Warters spoke on the petition regarding Noddle Hill. He stated that the Council had created the lay-by issue by expelling the family from an official site and needed to solve the housing issues of the family to end the encampment.

Gwen Swinburn requested that the Council stop implementing LTN’s and Residents Parking schemes until new strategy was developed. She also raised concerns regarding Monkgate which she felt had been changed to favour cyclists but endangered pedestrians.

Cllr Smalley welcomed the work undertaken on the Active Travel Programme and asked that the project to deliver part two of active travel work on Shipton Road be undertaken.

Kate Ravilious requested that active travel projects identified in York’s Local Cycling & Walking Infrastructure Plan (LCWIP) be delivered and funding not be deferred. They also stated the need for accessible access between Copmanthorpe and Bioshopthorpe across the railway.

Carol Green stated that Network Rail were taking the cheapest option in relation to the Copmanthorpe Level Crossing. She noted the importance of the route for local residents and those travelling the Eborway. She confirmed that wheelchair users could use the current crossing and a new crossing could improve accessibility rather than reducing it.

Gill Shaw stated that the Noddle Hill Lay-by used to be used by commercial vehicles and could be used again. She asked why the family encamped on the lay-by who the Council was not recommending to move were removed from official site without plans for where the family would relocate too.

Cllr Doughty spoke in favour of delivering a cycle route between Strensall and Huntington which could promote a move to cycling for Huntington Secondary school pupils. He noted that a feasibility had already been undertaken some years ago into the delivery of the route which he was happy to share with officers if required.

Cllr Melly stated that she considered the LCWIP to be five years late and was now being rushed through with the Council having delivered substandard transport infrastructure during the current administration.

Cllr Orrell spoke on the need for a Low Traffic Neighbourhood for The Old Village, Huntington. He outlined issues residents had raised and the support for interventions including some level of closure to traffic.

The report sets out the background to the unauthorised encampment at Noddle Hill layby which is the subject of the petition attached as Annex A, outlines the relevant legislation and material considerations and makes recommendation on the proposed courses of action in the short, medium and longer term.

Resolved:

                      i.         Noted the E-Petition received;

                     ii.         Noted the interim situation for the unauthorised encampment at Noddle Hill;

                    iii.        Noted the future work proposed to increase the amount of Gypsy and Traveller Accommodation as part of the delivery phase of the Local Plan which will enable relocation of the encampment to an authorised site;

                   iv.        Noted the establishment of a Project Manager post by the Corporate Director of Place in Consultation with the Executive Member for Housing in regard to already committed S106 funds and to commence early engagement with the developers of strategic sites and commence planning for the provision of additional pitches;

                     v.        Agreed, subject to land ownership questions being clarified, to commence the process to stop up the Noddle Hill layby as being surplus to highway requirements and develop proposals for a green area to improve the amenity of the adjoining area.

Reason:     To ensure the long-term solution to the unauthorised

encampment at Noddle Hill and reflect the legal protections afforded to the individuals on the encampment.

Officers outlined that the unauthorised encampment at

Noddle Hill layby had many complicated legal elements that had made reaching a resolution challenging. It was noted that the recommendations outlined short, medium, and long term proposals for the use of the layby.

The layby was confirmed to be part of the old alignment of the road and its current land ownership was not known. Officers confirmed that unknown ownership of older roads was not uncommon and that work was being undertaken to identify ownership. It was confirmed that the stopping up order which was intended to lead to a green space in place of the layby would be subject to public consultation.

The Executive Members noted in accordance with their decision at minute 62 that they would enter private session to consider the exempt annexes within the report at 10:40 and returned and resumed the meeting in the public session at 10:44.

The Executive Members noted that they recognised residents concerns and welcomed the actions proposed by officers and agreed to the recommendations in the report. They also welcomed the new sites for Gypsy and Traveller Accommodation in the York Local Plan.

Resolved:

                      i.         Noted the E-Petition received;

                     ii.         Noted the interim situation for the unauthorised encampment at Noddle Hill;

                    iii.        Noted the future work proposed to increase the amount of Gypsy and Traveller Accommodation as part of the delivery phase of the Local Plan which will enable relocation of the encampment to an authorised site;

                   iv.        Noted the establishment of a Project Manager post by the Corporate Director of Place in Consultation with the Executive Member for Housing in regard to already committed S106 funds and to commence early engagement with the developers of strategic sites and commence planning for the provision of additional pitches;

                     v.        Agreed, subject to land ownership questions being clarified, to commence the process to stop up the Noddle Hill layby as being surplus to highway requirements and develop proposals for a green area to improve the amenity of the adjoining area.

Reason:     To ensure the long-term solution to the unauthorised

encampment at Noddle Hill and reflect the legal protections afforded to the individuals on the encampment.

This report provides an update on the proposed closure of the level crossing at Copmanthorpe and diversion of Public Footpath, Copmanthorpe No 2 via Beckett’s Crossing, Copmanthorpe (Annex 1 Location Plan).

Resolved:

                          i.        To delegate authority to the Director for Environment, Transport and Planning in consultation with the Executive Member for Transport, in accordance with paragraphs 15 or 16 of this report (as the case may be), to:

a) formulate and submit an objection to the TWA Order; or

b) formulate and submit a representation in support of the TWA Order; or

c) submit a representation that neither supports nor objects to the TWA Order i.e. effectively adopt a neutral position with no positive case in relation to the principle of the TWA Order.

Reason:     So that an outline decision can be made to Network Rail’s TWA Order application before the restrictions of the pre-election period come into effect, by giving specific delegation to an Officer to complete and submit the detail of the relevant submission on behalf of the Council, within the 6 week statutory consultation period, or to review that decision if circumstances change.

Officers introduced the report noting that Network Rail were continuing with their initial proposals for the closure of Copmanthorpe Level Crossing and a new step footbridge to replace it. This decision by Network Rail to proceed with a stepped bridge is been made despite concerns raised about the equality impacts of a stepped bridge and the decision taken previously by the Executive Member to reject an application submitted under s119A of the Highways Act 1980 - Rail Crossing Diversion Order as the proposed footbridge would not provide provisions to allow disabled pedestrians to use the crossing. The footbridge proposal being unlight and enclosed was also considered to be an unsafe crossing particularly at night.

The Executive Member noted that he felt that Network Rail were not meeting their duty to remove barriers to walking and cycling particularly for disabled users. He also noted that a new housing development nearby would likely increase the use of any crossing.

Resolved:

                          i.        To delegate authority to the Director for Environment, Transport and Planning in consultation with the Executive Member for Transport, in accordance with paragraphs 15 or 16 of this report (as the case may be), to:

a) formulate and submit an objection to the TWA Order; or

b) formulate and submit a representation in support of the TWA Order; or

c) submit a representation that neither supports nor objects to the TWA Order i.e. effectively adopt a neutral position with no positive case in relation to the principle of the TWA Order.

Reason:     So that an outline decision can be made to Network Rail’s TWA Order application before the restrictions of the pre-election period come into effect, by giving specific delegation to an Officer to complete and submit the detail of the relevant submission on behalf of the Council, within the 6 week statutory consultation period, or to review that decision if circumstances change.

The Report provides an update on the waiting list for residents parking schemes and low traffic neighbourhoods requests

Resolved:

                      i.         Agreed that petitions submitted will be filtered into one steam of work and progressed in the order that they are received.

Reason:     This will help provide a better oversight of work programs and not give an unrealistic timescale for progression of requests.

The process for Residents Parking Schemes were outlined, noting the role of petitions and requests to start the process to consider an area for residents parking. The process for implementing a Low Traffic Neighbourhood it was noted was less clear due to the broader nature of implementing, in these cases Officers confirmed that they were always considered by the Executive Member and experimental trails were implemented to ensure they were working effectively.

To plan how to consider and deliver Low Traffic Neighbourhoods where they were desired it was agreed that they would be filtered into a work stream with Residents Parking Schemes to identify which to progress as standalone projects and which to be considered as part of a wider piece of work.

Resolved:

                      i.         Agreed that petitions submitted will be filtered into one steam of work and progressed in the order that they are received.

Reason:     This will help provide a better oversight of work programs and not give an unrealistic timescale for progression of requests.

This paper provides an update and review of the micromobility trial in York since the trial launched in October 2020. 

Resolved:

                      i.         Noted that a report will be presented to the Executive Member for Transport once further details of the legislative changes impacting micromobility are announced;

Reason:     The Council requires information from Government legislation regarding the changes impacting micromobility.

Jessica Hall from TIER Operations Ltd who have been delivering the Council’s micromobility trail joined the meeting to discuss the report. She noted that TIER were now the worlds largest provider of micromobility and that York was the companies first city. She confirmed that there remained potential for expansion of the trail in areas such as Acomb and Huntington. She also confirmed that demand for the use of e-scooters and e-bikes continues to increase.

The Executive Member thanked TIER for their work with the Council on the trail and welcomed the potential for expansion including to areas outside of the outer ring road. Noting that the trail was in its final year it was confirmed that no guidance from Government had yet been published.

Resolved:

                      i.         Noted that a report will be presented to the Executive Member for Transport once further details of the legislative changes impacting micromobility are announced;

Reason:     The Council requires information from Government legislation regarding the changes impacting micromobility.

This report provides the Executive Member with an update on progress towards York’s Local Cycling & Walking Infrastructure Plan (LCWIP).

Resolved:

                      i.         Acknowledged the progress made to date towards completion of York’s LCWIP.

Reason:     To ensure the Executive Member is up to date and to enable him to highlight any concerns.

The Executive Member considered the progress report and welcomed the evidence base being developed and looked forward to a LCWIP being adopted. The Executive Member noted that schemes such as the changes to Coppergate which had reduced traffic had seen an increase in footfall for shops in the area. It was noted that the Systra Ltd proposals would go to public consultation after the local elections in May 2023. Officers confirmed that once the LCWIP was adopted it would be a living document that would be updated with new schemes when ready.

Resolved:

                      i.         Acknowledged the progress made to date towards completion of York’s LCWIP.

Reason:     To ensure the Executive Member is up to date and to enable him to highlight any concerns.