Decisions
17/06/2024 - To make an order in response to the 202308 Dunnington Priest Lane DMMO application. ref: 7153 Decision Made
Decision Maker: Corporate Director of Place
Decision published: 28/06/2024
Effective from: 17/06/2024
Decision:
There is sufficient evidence to meet the
statutory test under s53 (3) of the Wildlife and Countryside Act
1981 to make an order to record a public restricted byway over
Priest Lane as shown on the map (see separate attached
document).
Decision: Agreed to make an order to record a public restricted
byway along Priest Lane but take a neutral stance towards the
confirmation of the order in the event it is referred to the
Secretary of State.
Wards affected: Osbaldwick and Derwent Ward;
Lead officer: James Gilchrist
13/06/2024 - York Learning Accountability Agreement 2024/25 ref: 7148 Decision Made
Purpose of Report: As
a provider of adult education in receipt of grant funding of over
£1m we must write and publish an accountability statement to
form part 2 of our funding agreement with the Skills Funding
Agency. We have also been advised that to meet financial procedure
rules we must also document approval to receive the recurring grant
funding that will make up part 1 of the documentation. The
statement is a mandatory part of the legislation linked to our
current funding arrangements but must make clear reference to a
document, written by West and North Yorkshire Chamber of commerce
called the Learning Skills Improvement Plan (LSIP) and the key
priorities of the council. This document is this year’s
version of a document approved for 2023-24 and our response is
largely based upon the strategy for adult learning and skills
engagement that we consulted on in July 2022 and just defines
targets based on the LSIP and national skills requirements.
Members will be asked: To approve the agreement to form part 2 of
our annual funding contract with the Skills Funding Agency.
Decision Maker: Executive
Made at meeting: 13/06/2024 - Executive
Decision published: 14/06/2024
Effective from: 21/06/2024
Decision:
Resolved:
i. Approved the Accountability Statement at the Annex to this report ahead of publication at the end of June 2024.
Reason: For the service to receive funding to deliver against this
statement we must gain agreement on contents. This agreement provides a framework for accountability whilst enabling us to receive the necessary funds to deliver the service. The document will also serve as the basis for wider internal conversations that will maximise the potential of learning for our residents.
Wards affected: (All Wards);
Lead officer: Paul Cliff
13/06/2024 - Re-Procurement of Sexual Health and Contraception Services – Approval required to enter into interim service contract arrangements for up to 12 months. ref: 7147 Decision Made
Purpose of Report: On 16 March 2023 Executive approved the
negotiation, development and entering into of a Section 75
partnership agreement with York and Scarborough Hospitals NHS Trust
(the “Trust”) from 1 July 2024 for the provision of
Specialist Sexual Health Services (“SSHS”) across the
city. Executive also granted related approvals regarding a SSHS
Section 75 agreement.
Since then, however, the complexity of the negotiations for this
Section 75 arrangement, together with the challenging financial
envelope available for the service, has led to delays in the
process which means that the deadline of completion by 1 July 2024
is now considered highly unlikely.
Decision Maker: Executive
Made at meeting: 13/06/2024 - Executive
Decision published: 14/06/2024
Effective from: 21/06/2024
Decision:
Resolved:
i. Approved a 6 month + 6-month variation and extension to the existing Integrated Sexual Health Services contract with York and Scarborough NHS Hospitals Trust from 1st July 2024 and 1st January 2025 and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to agree, award and enter the resulting variation and extension agreement;
ii. Approved the proposed staged approach in relation to service changes to the Integrated Sexual Health Services contract as set out in this report at paragraph 5 and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to conduct review, consultation and negotiations and subsequent authority to agree and entre into any resulting variation agreement(s) agreed;
iii. Approved the award (subject to the satisfactory conclusion of any related procurement processes) of a 6 month + 6 month contract from 1st July 2024 and 1st January 2025 for a LARC Service contract to Nimbuscare Limited and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to agree, award and enter any resulting agreement;
iv. Approved the continuation of negotiations and (in the event of successful negotiations and review) the entry into a Section 75 Partnership Agreement with York and Scarborough Hospital NHS Trust under Section 75 of the National Health Services Act 2006 and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to agree, award and enter the resulting agreement to commence on or before 1st July 2025;
v. That in the event that the Section 75 arrangements at (d) cannot be agreed or are not viable, to delegate authority to the Director of Public Health in consultation with the Executive Member for Adult Social Care and Public Health, to approve the carrying out of an appropriate procurement process and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to procure, award and enter into the resulting contract.
Reason: The above will secure the sexual health service and
LARC provision in the short term whilst negotiations continue to potentially enable a Section 75 partnership agreement to be agreed and put in place. The Section 75 agreement is proposed to last for up to 10 years, the requirement to ensure that this is completed in the most robust way is essential as over the lifetime
of the Section 75 agreement the budget allocation will be more than £18 million. In the event of Executive approving the above recommendations officers will conduct all necessary review and procedure in accordance with the Contact Procedure Rules ("CPRs”). This will include the undertaking of a CPR 26 waiver process internally (in accordance with CPR 26.2).
Wards affected: (All Wards);
Lead officer: Philippa Press
13/06/2024 - Air Quality Annual Status Report 2024 ref: 7149 Decision Made
Purpose of the Report:
The report details the latest (2023) air quality monitoring results
for York and progress on achieving measures in York’s current
Air Quality Action Plan (AQAP3). The report also highlights
priorities for 2024/25 and measures to deliver further improvements
in air quality.
Executive will be asked to.
The Executive is asked to note the contents of the report (and
approve the submission of the Annual Status Report to DEFRA,
Department for Environment, Food and Rural Affairs) including the
generally improving trend in air pollution in recent years.
Decision Maker: Executive
Made at meeting: 13/06/2024 - Executive
Decision published: 14/06/2024
Effective from: 21/06/2024
Decision:
Resolved:
i. Noted the contents of the report (and approve the submission of the Annual Status Report to DEFRA), including the generally improving trend in air pollution in recent years and progress made with delivery of measures in CYC’s Air Quality Action Plan.
Reason: To ensure that the Executive is aware of current air quality position in the city including continued exceedances of objectives in some areas and progress made with air quality improvement measures.
Wards affected: (All Wards);
Lead officer: Mike Southcombe
30/05/2024 - The Determination of an Application by York Racecourse Committee for the Variation of a Premises Licence [Section 35(3)(a)] in respect of York Racecourse, Knavesmire Road, York, YO23 1EX. (CYC-009168) ref: 7145 Decision Made
Decision Maker: Licensing/Gambling Hearing
Made at meeting: 30/05/2024 - Licensing/Gambling Hearing
Decision published: 06/06/2024
Effective from: 30/05/2024
Decision:
Hearing reconvened in private session at 11:50am.
PRESENT: Councillors Hook (Chair), Knight, and Nicholls.
The Sub-Committee resolved to grant the licence for the following activities and timings as applied for together with modified/additional conditions imposed by the Sub-Committee (Option 2) as set out below:
· The Plans attached to the Premises Licence be amended as requested in the application.
· Provision for the staging of up to 4 indoor boxing/wrestling events between 10:00 and 00:00 be held per calendar year.
· Provision of late night refreshment outdoors between 23:00 and 00:00 up to 12 days per calendar year.
· The additional conditions agreed with North Yorkshire Police as set out in Annex 4 of the agenda.
· The additional condition agreed with Environmental Health and set out in the updated Annex 5 of the agenda, in the agenda supplement.
Save as varied above, the existing conditions on the licence shall apply in all respects.
The varied licence is subject to any relevant mandatory conditions.
Full reasons for the Sub-Committee’s decision will be included in the detailed Decision Letter which will be provided to the Applicant and the Representors in due course.
There is a right of appeal for the Applicant and the Representor to the Magistrates’ Court against this decision. Any appeal to the Magistrates Court must be made within 21 days of receipt of the Decision Letter and sent to the following address:
Chief Executive
York and Selby Magistrates Court
The Law Courts
Clifford Street
York
YO1 9RE
06/06/2024 - Response to operator request for short-term extension to service 13 funding. ref: 7146 Decision Made
Decision Maker: Corporate Director of Place
Decision published: 06/06/2024
Effective from: 06/06/2024
Decision:
Since COVID bus passenger numbers on some
routes have remained below pre-COVID levels.
As a result of this and increased operating costs, Connexions
Buses, the commercial operator of service 13 (Copmanthorpe to Haxby
West Nooks) announced their intention to reduce the weekday bus
resource on this route from 4 buses to 3 from Oct 2023.
Council officers were advised that the service would remain
half-hourly but no longer serve Flaxman Croft (Copmanthorpe) or
West Nooks (Haxby). To delay the change, in order to allow
sufficient time to complete a review of its tendered network, the
Council began funding the service at a cost of
£450/day.
At Executive on 20th Feb 2024, a decision was made to withdraw this
funding at the end of May and to seek a lower-cost alternative to
maintain a service to West Nooks. It was decided that there were no
affordable alternatives to maintain a service to Flaxman Croft.
Arrangements have subsequently been put in place with First York to
operate an approximately hourly variation to service 1 (numbered
1A), at a cost of £270/day from BSIP to service West
Nooks
The operator (Connexions), has approached the Council and advised
that their new 3-bus half-hourly timetable is proving to be
extremely unreliable and that attempting to continue with it would
carry a high risk of the entire service 13 ceasing to operate in
the coming weeks. In order to avoid a repeat scenario of
introducing an unreliable timetable, Connexions have advised that
it will take some time to properly draw up a workable 3-bus
schedule.
As part of this request, the operator has asked CYC for a
continuation of financial support until the timetable change date
at the end of the summer school term on 21st July. At a cost of
£450/day, this equates to approximately £16k, which is
currently affordable from BSIP revenue but would reduce the
financial headroom should upcoming tenders prove to be more
expensive than projected.
Whilst CYC could be accused of rewarding a bus operator for poor
planning, the alternatives would have an immediate negative impact
on residents in the affected areas.
The operator has stated that there are a number of pupils using
service 13 to travel to places of education along the route- eg.
Joseph Rowntree, Huntington, All Saints and York College. It will
take some time to quantify that figure- either by analysing the
ticket machine data or manually surveying buses.
Only a small number of residents in West Nooks and Flaxman Croft
would have been affected by the 2nd June change, whereas this issue
now potentially affects the entire route.
Other than the withdrawal of the aforementioned sections, the 20th
Feb Executive report (para. 52) simply committed that “The
majority of the route currently taken by the number 13 will remain
the same.” The operator is now telling the Council this is
now not the case.
Extending the financial support for service 13 until 21st July
would result in a delay to the implementation of the Executive
decision, however the decision to remove weekday financial support
from service 13 would still ultimately be implemented, just seven
weeks later than originally agreed.
The situation that has arisen is an operational based problem that
affects the entire route and could not be foreseen by the matters
considered in the 20th February Executive report. In order to
protect the interests of passengers across the entire route, but
particularly the majority of Copmanthorpe village which would
otherwise be left with no bus service, a quick decision is
essential. It is not possible to convene an Executive Member
Decision Session to consider this matter due to both the pre-
election period and only having a day to confirm arrangements with
the operator.
Implications - Legal:
1. The awarding of the additional temporary subsidy is within the
delegated powers of the Director of Environment, Transport and
Planning
2. The bus service contract must be extended and/or modified in
accordance with the contractual terms and conditions and in
accordance with CYC’s Contract Procedure Rules and the Public
Contracts Regulations 2015.
Comments/Observations:
The service 13 has historically been a commercial service operated
with four busses, with no funding from the Council. In late 2023
the operator declared that the service was no longer financially
viable and wished to reduce the length of the service by no longer
servicing Flaxman Croft and West Nooks which would allow the
operator to deliver the service with three busses.
The Council made a decision to inject short term funding to the
operator to continue the extent of the service so it could be
properly considered by the Council.
At Executive in February 2024, it was determined that to allow the
operator of the 13 to reduce the service and move to a three bus
operation, but that alternative arrangements would be made for West
Nooks, which has been implemented.
The new three bus operation of the service has proven unreliable
and is a poor customer experience. The operator has said they may
withdraw the whole service 13 in response.
The impact of that would be significant on the users of the service
and therefore it is in the Council’s interests to work with
the operator and find a better solution by working with the
operator to deliver the Executives intent from February 2024 by
reviewing the timetabling.
Decision: To extend the implementation date of the Exec Decision,
by continuing the current short-term arrangement with Connexions
until 21st July 2024 in order to allow sufficient time to plan a
workable commercial alternative. Therefore the council will fund
the Flaxman Court and West Nooks elements of the service until the
21st of July
Wards affected: Copmanthorpe Ward; Dringhouses and Woodthorpe Ward; Guildhall Ward; Haxby and Wigginton Ward; Huntington and New Earswick Ward; Micklegate Ward;
Lead officer: James Gilchrist