Decisions

Decisions published

27/06/2024 - City Wall closure for Piling Works ref: 7154    Decision Made

Decision Maker: Corporate Director of Place

Decision published: 28/06/2024

Effective from: 27/06/2024

Decision:

York Station Gateway Project – Package 2.
Permanent closure of the City Walls between Station Rise and Micklegate Bar for a further 4-week period until high-risk activity - piling works are complete and Health and Safety measures have been put in place.
The extension to the closure is required owing to unexpected ground conditions which required further design to the piling, and equipment breakdown delaying the piling works.
The 4-week closure allows safety measures to be installed, enabling the walls to be opened safely from Friday 26th July 2024, or earlier subject to a further risk assessment.
Decision - Implement Option 3. Whilst further closure is unfortunate public safety is a priority and I note work to find a solution to allow access is planned for the summer holidays.

Wards affected: Micklegate Ward;

Lead officer: James Gilchrist


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


24/06/2024 - To transfer the freehold interest of the land currently leased to the owner of 43 Thornhills, Haxby, York YO32 3WD, as shown edged red on the attached plan for the sum of £500, plus the Council’s legal and surveyors fees of £1,000. ref: 7152    Decision Made

Decision Maker: Chief Finance Officer

Decision published: 24/06/2024

Effective from: 24/06/2024

Decision:

The Council has been approached by the freehold owner of 43 Thornhills, Haxby as to whether it would dispose of a small area of land which, the Council owns and currently leases to them. The land (“The Leased Property”) currently forms part of that properties enclosed garden, for which they have responsibility for the maintenance of such.
The area of the “Leased Property” is land-locked either side by garden land, which is owned by 43 Thornhills and hence there is no strategic value to the Council in retaining this asset. The “Leased Property” comprises 39 square metres and is leased subject to a lifetime tenancy at zero rent. The extent of the “Leased Property” is shown edged red on the attached plan.
The tenancy of the “Leased Property” was granted by Ryedale Council in 1985 and passed to City of York Council under Local Government Reorganisation in 1996.
The freehold interest of the “Leased Property” has been independently valued by Align Property Partners at £500. The owner of 43 Thornhills has offered to purchase the freehold interest of the land for this sum, plus pay the Council’s legal and surveyors fees totalling £1,000.
It is recommended that the freehold interest in the subject piece of land is disposed of, to the owner of 43 Thornhills for the sum of £500, plus the Council’s legal and surveyors fees.
Decision: To transfer the freehold interest of the land currently leased to the owner of 43 Thornhills, Haxby, York YO32 3WD, as shown edged red on the attached plan for the sum of £500, plus the Council’s legal and surveyors fees of £1,000.

Wards affected: Haxby and Wigginton Ward;

Lead officer: Debbie Mitchell


18/06/2024 - To award £100k UKSPF capital funding to the BioRenewables Development Centre for investment to support the Bio Yorkshire Initiative through the Rural England Prosperity Fund ref: 7151    Decision Made

Decision Maker: Chief Operating Officer

Decision published: 18/06/2024

Effective from: 18/06/2024

Decision:

As part of the UK Shared Prosperity Fund York has been allocated £400k capital from the Rural England Prosperity Fund (REPF) to implement an investment plan that was agreed by DEFRA in January 2023. This funding can be spent only in designated rural areas as shown on the DEFRA MagicMap, and only on capital items. In October 2022, CYC Executive gave delegated authority to the Corporate Director of Place to implement this Investment Plan, in consultation with the relevant Executive Members and the York UKSPF Partnership Board. This delegation was reconfirmed in October 2023 when Executive considered the results of a light touch review of the programme. Due to the senior management restructure, the decision has been made by the COO who is able to make any decisions that are delegated to any Directors.

As part of our York REPF investment plan, the Executive Member and Partnership Board agreed to invest £100k in the BioRenewables Development Centre (BDC) at Dunnington, with the objective of providing tangible support to the Bio Yorkshire initiative which is a joint project of the University of York, Askham Bryan College and FERA Science. BDC is a subsidiary of the University of York and would invest the funds in equipment and facilities at their Dunnington site which would enable companies to pilot production of new industrial products utilizing waste from other processes.

Discussions with BDC have led to a final plan for investing this funding in facilities in Dunnington which will expend the capabilities of the centre. Design work has included detailed consideration of the Council’s requirements under the Subsidy Control Act 2022. Legal have concluded that the proposed investment is permitted under the Act.

The grant requires completion of a Best Value form as it has not been awarded through a competitive process. This form has been duly completed.

Decision:
To award £100k UKSPF capital funding to the BioRenewables Development Centre for investment to support the Bio Yorkshire Initiative through the Rural England Prosperity Fund.

Wards affected: (All Wards);

Lead officer: Ian Floyd


18/06/2024 - To allocate UKSPF funding to CHY Consultancy to run the Construction Skills Initiative through intervention E38 ref: 7150    Decision Made

Decision Maker: Chief Operating Officer

Decision published: 18/06/2024

Effective from: 18/06/2024

Decision:

York has been allocated £5.1m from the UK Shared Prosperity Fund (UKSPF) to implement the investment plan that was agreed by DLUHC in January 2023. In October 2022, CYC Executive gave delegated authority to the Corporate Director of Place to implement this Investment Plan, in consultation with the relevant Executive Members and the York UKSPF Partnership Board. This delegation was reconfirmed in October 2023 when Executive considered the results of a light touch review of the programme, which included allocating skills funding to the Construction Skills Initiative. Due to the senior management restructure, the decision has been made by the COO who is able to make any decisions that are delegated to any Directors.

Executive considered detailed plans for a Construction Skills Initiative at its February 2024 meeting, noting progress and reiterating their support for the project. In order to implement the project, which was due to commence in April 2024, a call for expressions of interest was made in March 2024 through the Yortender portal. Six expressions of interest were received, and the businesses expressing interest were then invited to submit grant funding applications following the process outlined in the York UKSPF Assurance Framework. The brief for the project split the work into two separate Lots, one focusing on overall project management, the development of the partnership, and supporting CYC to embed new processes to support Employment and Skills plans for major construction projects (£140k), and the second Lot focused on the provision of on-site construction training (£160k). CHY Consultancy submitted the only proposals, scoring 79/100 for Lot 1 and 77/100 for Lot 2, above the threshold score of 70/100 for projects to be fundable for a total value of £299,740.

UKSPF funding must all be spent by the end of the current financial year, when the current programme finishes and any unspent funds must be returned to Government. It is hoped that future equivalent funding will be available to extend and expand the CSI after that date, with the expectation that this would be through the new Mayoral Combined Authority.

Decision: Award £299,740 to CHY Consultancy to deliver the York Construction Skills Initiative.

Wards affected: (All Wards);

Lead officer: Ian Floyd


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


 

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